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HomeMy WebLinkAbout08/10/2004 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 10, 2004 - 7:00 p.m. STUDY SESSION — 4:00 p.m. CLOSED SESSION — 5:35 p.m. t:rerxxt:rrt:Ftt:txxxxa:t A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Absent: Heffernan (excused), Adams (excused) C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE — Council Member Rosansky E. INVOCATION — Reverend Dr. George R. Crisp, Christ Church by the Sea United Methodist F. Marine Battalion 1/1 Presentation. Council Member Bromberg acknowledged those in attendance at the meeting from the Camp Pendleton 18t Battalion, P5 Marine, and the 1/1 Newport Beach Committee, which is comprised of seven former Marines and one former Air Force member. Council Member Bromberg announced that the 1st Battalion, 1st Marines are the most decorated Marine Corps unit in the history of the United States. . Lieutenant Colonel Furness introduced several members of the 1/1 leadership team, and read messages from the Commandant of the Marine Corps and Commanding General James N. Mattis to the citizens and City Council of Newport Beach. The messages acknowledged the contributions of Newport Beach to the Marine Corps family and appreciation for that support. Lieutenant Colonel Furness also expressed his gratification on behalf of the Marines, and presented a plaque to Mayor Ridgeway and Council Member Bromberg. Presentation of Resolutions to City Attorney Burnham, who is retiring August 13, 2004. Mayor Ridgeway presented a resolution from Senator Ross Johnson to City Attorney Burnham, as well as a resolution from the City Council expressing appreciation for the numerous and lasting positive contributions he has made to Newport Beach City government and the community over the past 24 years. City Attorney Burnham thanked the City Council and the community for the acknowledgement. Volume 56 - Page 1134 INDEX (100 -2004) City of Newport Beach City Council Minutes August 10, 2004 G. NOTICE TO THE PUBLIC INDEX H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Nichols announced that the Shakespeare Festival took place during the weekend of August 7 & 8, 2004, in Corona del Mar. He acknowledged those that attended and the City departments that provided services. • Council Member Webb announced that the City Centennial 2006 Committee has been meeting the first Thursday of each month and is in the process of establishing a mission, adopting a logo and beginning preparations for the centennial celebration. • Council Member Webb acknowledged the Police Department for putting on the Annual Night Out on August 3, 2004. • Council Member Bromberg requested that staff look into an enforcement issue at Lookout Point on Ocean Boulevard in Corona del Mar regarding the continued and regular use of alcohol in the park. He stated that it's a problem because the park is located in the middle of a residential neighborhood, and suggested that Code Enforcement and the Police Department meet with the area homeowners to discuss the issue. Council Member Rosansky announced that a significant project will begin in West Newport within the next couple of weeks. He explained that the Army Corps of Engineers will begin a dredging project in the Santa Ana River and that the sand that is dredged will be placed on the beach between approximately 32 °d and 560, Streets. He announced that a public meeting will be held on August 18, 2004, at 7:00 p.m., to provide information and answer questions about the project. The project will take place over a two to three -month period and access to the beach will be limited. Mayor Ridgeway announced that the Upper Newport Bay dredge project is not budgeted, but that a contingent met earlier in the day with Congressman Christopher Cox. Mayor Ridgeway stated that he is cautiously optimistic that a funding source will be provided and the project will begin in the Spring of 2005. I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 2. Item removed from the Consent Calendar by a member of the audience. Volume 56 - Page 1135 City of Newport Beach City Council Minutes August 10, 2004 INDEX 3. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTION FOR ADOPTION 4. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (100 -2004) RENEWAL: ANNUAL REPORT FOR 2003 -2004 FISCAL YEAR; AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR 2004 -2005 FISCAL YEAR. 1) Approve the Corona del Mar Business Improvement District 2003 -2004 Annual Report; and 2) adopt Resolution of Intention No. 2004 -72 to Levy Assessments and set the public hearing for August 24, 2004. CONTRACTS AND AGREEMENTS 5. PROFESSIONAL SERVICES AGREEMENT WITH JENNIFER C -3720 BRANIN FOR NEWPORT COAST ASSESSMENT DISTRICT Assessment REVIEW (contd. from 7/27/04). Authorize the City Manager to execute District Review an $18,000 Professional Services Agreement (PSA) with Jennifer Branin (38/100 -2004) of Branin Finance to complete her review of Newport Coast assessment district financial data. 6. BUDGET AMENDMENT AND AMENDMENT TO AGREEMENT C -3620 WITH EIP ASSOCIATES TO CONDUCT SEPARATE CITY General Plan COUNCIL AND PLANNING COMMISSION STUDY SESSIONS Update Process DURING THE GENERAL PLAN UPDATE PROCESS. 1) Approve (38/100 -2004) budget amendment (05BA -007) appropriating $17,250 from the General Fund Unappropriated Reserves to Account 2710 -8293 for the additional consultant costs associated with conducting separate study sessions for the City Council and Planning Commission as part of the General Plan Update process; and 2) approve second amendment to agreement with EIP Associates. MISCELLANEOUS ACTIONS 7. Item removed from the Consent Calendar by a member of the audience. 8. Item removed from the Consent Calendar by a member of the audience. 9. Item removed from the Consent Calendar by Mayor Ridgeway. 10. BUDGET AMENDMENT — CONTRACT CLASSES. Approve a budget (100 -1004) amendment (05BA -008) to increase the Revenue and Expenditures Accounts due to increased registration and new contract classes, which require additional monitoring from temporary part -time staff and payments to instructors. 11. APPROVAL OF TASTE OF NEWPORT BANNERS — (100 -2004) Volume 56 - Page 1136 City of Newport Beach City Council Minutes August 10, 2004 ENCROACHMENT PERMIT N2004 -0264. Conditionally approve the request of the Newport Harbor Area Chamber of Commerce for the installation of 217 banners, from August 16, 2004 to September 14, 2004 for the annual Taste of Newport (installation shall be along Jamboree Road, MacArthur Boulevard, Westcli£f Drive, San Joaquin Hills Road, Newport Center Drive East/West, and Newport Center Drive). 12. Item removed from the Consent Calendar by a member of the audience. Motion by Council Member Brombere to approve the Consent Calendar, except for those items removed (1, 2, 7, 8, 9 and 12). The motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Heffernan, Adams 9. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR CIP BUDGET FOR FY 2004 -05 [taken out of order]. Tom Edwards, Newport Beach Public Library Foundation, thanked the members of the foundation, those that have provided donations and the City's librarian for their contributions to the City's library system. He presented a facsimile check in the amount of $97,798 to the Chairman of the Board of Library Trustees, Harry Hamilton. Chairman Hamilton thanked the foundation and the City Council. He stated that the foundation allows the library to enhance its operations. He listed some of the enhancements, programs and services offered by the library. Mayor Ridgeway also thanked the foundation for their efforts and acknowledged the programs offered by the library. Council Member Webb additionally thanked the foundation for their support of the new Mariners Library. Motion by Council Member Bromberg to approve a budget amendment (05BA -006) to increase expenditure appropriations by $97,798 in Account No. 7011- C4010796 and to increase revenue estimates for the same amount in Account No. 4010 -5901. The motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Heffernan, Adams Volume 56 - Page 1137 INDEX (100 -2004) City of Newport Beach City Council Minutes August 10, 2004 J. PUBLIC HEARINGS 13. NEWPORT SPORTS MUSEUM, 100 NEWPORT CENTER DRIVE (PA2004 -092); GENERAL PLAN AMENDMENT NO. 2004 -001; AND USE PERMIT NO. 2004 -017. Council Member Rosansky recused himself from voting on the item due to a possible conflict. Mayor Ridgeway opened the public hearing. John Hamilton, Newport Sports Museum, stated that he agrees with the information contained in the staff report, and thanked the City Council for their support. Hearing no further testimony, Mayor Ridgeway closed the public hearing Motion by Council Member Bromberg to adopt Resolution No. 2004- 73 approving General Plan Amendment No. 2004 -001 and Use Permit No. 2004 -017 that increases the development allocation of Block 100 by 1,550 square feet and approves a museum use in the Administrative, Professional and Financial District for property located at 100 Newport Center Drive (PA2004 -092). The motion carried by the following roll call vote: Ayes: Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: Rosansky Absent: Heffernan, Adams 14. REVISIONS TO APPEAL AND CALL FOR REVIEW PROCEDURES — CODE AMENDMENT NO. 2004 -002 (PA2004 -028) (contd. from 6/8/04, 6/22/04 & 7/13/04). Senior Planner Alford stated that the staff report contains five options for the City Council to consider. The options included the procedure followed prior to 1994 which required four affirmative votes of the City Council, the current procedure which allows any member of the City Council to call an item up for review, the Planning Commission recommendation to require two members to make a request through the City Clerk's office, the alternate two - member option which requires the request to occur at a City Council meeting and the alternate single- member option which allows the appeal to occur at the next regularly scheduled City Council meeting. Senior Planner Alford stated that staff is also asking the City Council to provide direction on the recommendation to eliminate the call for review procedure and treat all calls for review and appeals, as appeals. In response to Council Member Nichols' request, Senior Planner Alford explained that eliminating the call for review distinction from the code was suggested during the Planning Commission process. Assistant City Volume 56 - Page 1138 INDEX (100 -2004) (100 -2004) City of Newport Beach City Council Minutes August 10, 2004 INDEX Manager Wood further clarified that council members would still be able to file an appeal, or cause an item to be brought to the City Council for review. It would just result in both procedures being called by the same name. City Attorney Burnham confirmed that it is only a change in the terminology being used. Senior Planner Alford further confirmed that a fee would still be required for appeals filed by the public. Council Member Bromberg stated that he is the one who initiated a change to the current appeal and call for review procedure. He asked if the Planning Commission's procedure would also have to be changed or if their procedure could remain as is. Senior Planner Alford confirmed that the Planning Commission desires to have their procedure remain the same, which allows any member to call an item up for review, but that the City Council could make the change to both procedures. Mayor Ridgeway stated that the main consequence of making any change is that it delays the time for when a project is finally approved. In response to Council Member Rosansky's question, Senior Planner Alford reported that there were no City Council call ups in 2002, four in 2003 and four to date in 2004. Council Member Bromberg stated that part of the problem in reviewing a project is the expense and time incurred by the proponents, although he felt that it was a reasonable tradeoff to extend the deadline to make sure that any problems with a project were reviewed. He felt that the alternate single- member option with a simple majority vote requirement might make the most sense because if a council member has a concern, he can express it and see if the majority of the City Council concurs with his opinion. He also felt that the alternate two- member option would work, but that a change from the current procedure is needed. Council Member Rosansky asked if the analysis of the call ups included information on if the ultimate decision was overturned or modified. Senior Planned Alford responded in the negative. Council Member Rosansky noted that it is therefore unknown if the call ups have resulted in any changes or if they have just delayed projects. Senior Planner Alford didn't recall many decisions being overturned. City Manager Bludau recalled that the last four call ups did not result in the Planning Commission decision being overturned. Council Member Nichols clarified that the preferred option by Council Member Bromberg would not result in a violation of the Brown Act because the council member who is desiring an appeal would be making his comments to the City Council at a public meeting. He stated, however, that it presents a problem because he felt that some kind of contact would have to be made with the council members prior to the meeting in order to obtain a majority vote. He also felt that the option makes the City Council subservient to the Planning Commission because they would only need one member to call an item up for review. Council Member Rosansky stated that four call ups doesn't necessarily Volume 56 - Page 1139 City of Newport Beach City Council Minutes August 10, 2004 INDEX represent a huge disruption, although he could possibly support a higher level of scrutiny. He agreed with the comments of Council Member Nichols and stated that he would be more in favor of the alternate two - member option. Additionally, Council Member Rosansky stated that whichever option is chosen, there should be a requirement that the council member provide the reason for the call up. He stated that this would be fairer to the applicant. Dolores Otting stated that she couldn't understand why this is such an issue, noting that there were only four call ups last year. Additionally, she noted that a council member can contact two other council members and not be in violation of the Brown Act. Ms. Otting stated that with the current City Council support for a call up can often depend upon which council member is making the call up. She suggested that call ups by the council member whose district the project is located within be supported, as has been done in the past. She expressed her opposition to changing the current procedure, and explained that there's nothing wrong with what's being done now, the Planning Commission shouldn't have more power than the City Council and a change shouldn't be made because of the action of a single council member. Jim Hildreth stated that the procedure should not be changed. One council member should be able to call an item up for review. Council Member Bromberg stated that project proponents shouldn't have to go through the time and expense involved when one person disagrees with the actions of the Planning Commission. He stated that the alternate single- member option used to work well, and that the simple majority requirement indicates if there's serious interest in reviewing an item or a legitimate concern that might need to be addressed. Council Member Bromberg stated that he would be in support of the alternate single- member option as long as it does not apply to the Planning Commission and how they conduct their business. He asked if the distinction between calls for review and appeals was important to staff. Senior Planner Alford stated that there has been some confusion in the past and that a solution was suggested to call everything an "appeal". Assistant City Manager Wood stated that staff would prefer that both appeals and calls for review be called "appeals" to avoid any confusion. Motion by Council Member Bromberff to select the Alternate Single - Member Option, determine that all calls for review and appeals be called "appeals ", require that the reason for an appeal by a council member be given and continue the hearing to August 24, 2004. In response to Council Member Nichols' question regarding the Brown Act, City Attorney Burnham explained that council members can talk with one another and discuss issues. The Brown Act prohibits council members from discussing issues outside the public meeting process in an effort to reach a collective consensus or decision. He further clarified that council members can express their views to the other council members outside the public meeting process, but an agreement by the council members on the views cannot be reached outside of the public meeting Volume 56 - Page 1140 City of Newport Beach City Council Minutes August 10, 2004 process. City Manager Bludau stated that the intent of the alternate single- member option is to make sure that the argument for an appeal is persuasive enough that the majority of the City Council agrees with the appeal, even if it's heard for the first time in the public forum. Council Member Bromberg confirmed that the change does not affect the member of the public who wants to appeal a decision of the Planning Commission. Council Member Nichols confirmed that a council member could appeal a decision as a citizen and pay the fee, and not be required to obtain a simple majority vote of the City Council. The motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: Heffernan, Adams 15. ZONING AMENDMENURECOVERY FACILITIES (contd. from 7/27/04). City Attorney Burnham stated that the proposed ordinance generally prohibits group living uses in residential districts, with a couple of exceptions. He explained that group uses with six or fewer handicapped individuals are permitted in all residential districts. Secondly, group living uses with seven or more handicapped individuals are permitted in R -1.5, R -2 and MFR districts, with a Federal exception permit. The Planning Commission makes the initial determination on a Federal exception permit. He introduced Jeffrey Goldfarb, special counsel on the issue. City Attorney Burnham stated that the differences in the ordinance being introduced at the current meeting and the ordinance that was presented to the City Council at the meeting of July 27, 2004, include extensive findings that explain the rationale for adopting the regulations. Another change is a modification to the definition of "single housekeeping unit ". He explained that transiency of occupants is relevant only in R -1 and R -A zones. The reference to transiency in the findings for approving a Federal exception permit has also been deleted. Lastly, City Attorney Burnham stated that standard conditions to a Federal exception permit have been added and that they are similar to the conditions that are standard for short -term lodging permits. He stated that the modifications to the ordinance reflect a number of the comments received from the community at the previous City Council meeting. Council Member Rosansky referred to the definition of "single housekeeping unit" in the proposed ordinance and asked for an explanation of why the group must be a non - transient group in the R -1 and R -A zones. City Attorney Burnham stated that it reflects the notion that group living uses involving seven or more occupants, whether Volume 56 - Page 1141 T 1 0.7 (100 -2004) City of Newport Beach City Council Minutes August 10, 2004 INDEX they are handicapped or not, are prohibited in the R -1 and R -A districts. Mr. Goldfarb added that the rationale is also based on the testimony that was received regarding issues of short -term uses that exist in the other residential zones of the City. He explained that all short -term uses potentially create issues and the intent was to revise the ordinance to treat all short -term uses in a similar fashion. Mayor Ridgeway confirmed that for six or fewer handicapped individuals, the City cannot identify standards. For seven or more, the standards are similar to those for short -term lodging. City Attorney Burnham noted that the standards are contained in Section 20.91.040. Mayor Ridgeway stated that "consumption of alcohol" in 20.91.040(C)(3) is redundant. He explained that once an individual consumes alcohol, they are no longer considered disabled and are no longer protected by the law. Mr. Goldfarb agreed, but stated that the regulations apply not only to individuals, but to the facilities themselves. City Attorney Burnham added that there are also those individuals who are handicapped for reasons other than alcoholism. Council Member Bromberg asked for an explanation of the verdict against the City of Long Beach and how it compares to what Newport Beach is dealing with. City Attorney Burnham stated that the case in Long Beach related to alleged efforts and enforcement actions on the part of the City of Long Beach to thwart the establishment of a series of residential treatment facilities for Alzheimer's patients. He stated that the proposed ordinance before the City Council at the current meeting fully complies with Federal and State law. Mayor Ridgeway noted the number of individuals in the audience wishing to speak on the item. He stated that he will probably stop those speakers who present the same information that they've already presented at previous City Council meetings on the subject. Mayor Ridgeway opened the public hearing. Barbara Roy stated that she lives 30 feet from the recovery home at 1810 West Oceanfront and wasn't prepared for the negative impact that the operation would have on the neighborhood. She stated that she and her neighbors were overwhelmed by the shear density of the project and the escalation in traffic. She stated that it has been a long struggle to preserve the character of the neighborhood, and expressed her support for the proposed ordinance. Carol Martin stated that she is a resident of the 1800 block of West Oceanfront and is in support of the proposed ordinance. She hoped that it would provide guidelines for existing facilities and ensure that any new facilities would fit within the character of a residential neighborhood. Jim Hildreth stated that there is nothing in the proposed ordinance addressing the safety of children, limitations on the density of recovery facilities, their proximity to schools or how they will affect the neighborhoods. He hoped that the people that the run the facilities will Volume 56 - Page 1142 City of Newport Beach City Council Minutes August 10, 2004 INDEX keep the public in mind and that the City will enforce the regulations. Jon Stearman, Narconon, stated that the State has already defined, with respect to campus, the number of feet that is allowable. He stated that it is 300 feet or less, and explained that the State does not want a concentration of any facility because it would be contrary to the purpose of Federal and State laws addressing recovery facilities. Mr. Goldfarb stated that State law addresses the. concentration of facilities within proximity to each other. The campusing issue addresses a different concern, which is a number of facilities directing all of their residents to a single location. He stated that this is not preempted by the State provision. City Attorney Burnham added, however, that staff would have no objection to changing the language in the definition of "campus" from 300 yards to 300 feet. Mr. Stearman concluded his comments by stating that Narconon is licensed by the State, and always has been. Unannounced inspections of the facility have also been conducted. Council Member Nichols asked if Narconon rented a place across the alley from their facility. Mr. Stearman responded in the affirmative and added that in retrospect, it was an error to do so. Council Member Nichols asked if Narconon obtained a California license for the rental unit. Mr. Stearman responded in the negative and explained that it was not necessary, on the basis that it was not a part of their operation. In response to additional questions, Mr. Stearman added that their State license covers their entire facility, and that it is considered one facility. He was unaware if money was received by Narconon for those using the rental. Larry Trayhem, Executive Director of Narconon, stated that once an individual has received treatment for his particular situation, he can move to sober living. The rental unit referred to earlier was for sober living. Council Member Nichols asked if Narconon receives money for those in sober living. Mr. Trayhem responded in the negative and explained that there is a one -time fee that is paid by the individual for treatment, sober living and additional treatment, if necessary. In response to Council Member Bromberg's question, Mr. Trayhem stated that the rental didn't have to be licensed because there were six or fewer individuals per unit. City Attorney Burnham asked if the unannounced inspections conducted at the facility were done by the State. Mr. Stearman responded in the affirmative and explained that the State has a hotline that anyone can call anonymously. He stated that Narconon takes them very seriously, but there were several and the State determined that they were frivolous. Michael Backus stated that he lives 27 feet from 1811 West Oceanfront, the facility that was rented in error, and that he has personally witnessed Narconon conducting business at the site. He asked the City Council to support the proposed ordinance. Volume 56 - Page 1143 City of Newport Beach City Council Minutes August 10, 2004 INDEX Frank Utain stated that he owns the property directly behind the property in question and that he has wanted to develop the property into a duplex, but hasn't because of the situation across the alley. He stated that it's a commercial operation and shouldn't be allowed on a 30 -foot lot. He asked the City to do something about the situation. Chris Boge stated that the proposed ordinance is facially invalid because it does not substantially further any legitimate government interest, and invalid and unenforceable because it deprives disabled persons equal protection of the law by requiring a Federal exception permit, which is not consistent with Federal statutory law. He stated that the proposed ordinance does not reasonably accommodate handicapped individuals and is discriminatory. Mr. Boge provided information to substantiate his comments. City Attorney Burnham disagreed and stated that the proposed ordinance is consistent with the law. He explained that the City normally prohibits group living uses, but actually creates an exception for handicapped persons. Mr. Goldfarb added that the proposed ordinance deals with the problems in the City associated with short -term group living environments, such as trash and noise. The ordinance does not direct whether individuals can live together or not, but simply creates a code of conduct applicable to all different types of group living environments. In addition, the Federal exception permit is the procedural mechanism for providing reasonable accommodation. Eric Cattel stated that in addition to the $22.5 million settlement against the City of Long Beach, there have been a number of other recent cases. He stated that the most relevant one is the City of Taylor, Michigan, which refused to allow a residential facility of disabled adults to house more than six residents because the facility was to be located in a single- family zoned area. He stated that Taylor was found to have failed to make reasonable accommodation. Mr. Cattel listed additional settlements. Tim Chapman stated that he is the director of several residential treatment programs licensed in the State, and has firsthand experience in the operation and impact of treatment facilities in the communities, as well as to the individuals. Mr. Chapman stated that nearly everyone has been impacted by addiction, but many don't understand the treatment or recovery environment, or the laws that govern them. He stated that treatment facilities are valuable and necessary, and some work best with six or fewer individuals and others work best with seven or more. Dave Silver stated that the intent of the proposed ordinance appears to be to remove rehabilitation facilities from the City. Mr. Silver stated that nobody wants to live next to a rehabilitation facility, but that the City can't turn its back on the problems of those who need help. He stated that Narconon wants to be a positive influence in the community. Mayor Ridgeway stated that the proposed ordinance allows for group Volume 56 - Page 1144 City of Newport Beach City Council Minutes August 10, 2004 INDEX homes of seven or more individuals, and the law already allows six or fewer with no restrictions. He stated that he's troubled by some of the comments because the City is providing a mechanism to benefit both the neighbors and the facilities. He stated that recovery homes are not being prohibited. Dr. Linda Orozco stated that she lives 50 feet from the residential treatment center at 1810 West Oceanfront, and noted that they make approximately $250,000 a month at that facility when it is fully occupied. She stated that the State licenses these facilities, but is not concerned about local zoning. The problem in Newport Beach is that the City is not enforcing the existing zoning codes. Ms. Orozco stated that she has a videotape that shows the problems the neighbors have to live with. Additionally, she stated that there is some confusion about the differences between group living facilities and residential treatment centers. Group living facilities do not offer treatment. The residential treatment centers are part of a multimillion dollar business. In closing, she asked the City to conduct some type of enforcement and to view her videotape. Jan Tyler stated that she runs an alcohol and drug rehabilitation program in Costa Mesa, and that women from Newport Beach are served by her facility. She expressed her opposition to the proposed ordinance because it would limit the potential for people to get treatment in Newport Beach. Mayor Ridgeway stressed that the proposed ordinance does not limit any type of sober care or treatment facility. Council Member Nichols confirmed with Ms. Tyler that her facility was licensed by the State. Larry Trayhem, Executive Director of Narconon, stated that he is so tired of the way that Narconon has been depicted by some people. He stated that he is not in the business for the money. Narconon saved his life, and Narconon has done everything in its power to make people happy. He stated that Narconon will continue to do what it does. In response to Council Member Bromberg's question, Mr. Trayhem stated that 27 people live at 1810 West Oceanfront. Council Member Bromberg stated that Narconon has not limited the number of people at the facility, as was previously requested of them, yet Gerry Marshall of Narconon has stated that Narconon wants to be a good neighbor. Council Member Bromberg stated that he's concerned about Narconon not making any changes when they said they would and Mr. Trayhem's comments about continuing to run the business as they have. Gerry Marshall explained that Mr. Trayhem is upset with the discrimination aspect of the issue. Mr. Marshall stated that he thought that the previous comments about making changes were about the sober living homes across the alley. Council Member Bromberg stated that he didn't even know those sober living homes existed at the time and that Mr. Marshall specifically stated that he would work to reduce the number of people living at 1810 West Volume 56 - Page 1145 City of Newport Beach City Council Minutes August 10, 2004 INDEX Uceantront trom 27 to nine to twelve. Mr. Marshall stated that he thought the comments were about the sober living homes, which they did end the lease on, as promised. He stated that this reduced the number of people living in the area by 18. Mr. Marshall noted that that's 18 people that aren't being helped by Narconon's services. Council Member Bromberg stated that being a good neighbor means not misrepresenting oneself. Mr. Marshall stated that whatever they do to improve the situation, people will still be discriminatory and opposed to having people in recovery living next to them. He stated that the proposed ordinance is discriminatory and against the law. City Attorney Burnham stated that the City has worked with Narconon, at their request, over the past three months to evaluate the occupancy levels of the facility. Mr. Marshall confirmed that Narconon has been treated in a fair manner during the process. City Attorney Burnham stated that Narconon also asked for a determination as to whether their facility was a nonconforming use, and received a letter from the Planning Department confirming that they were a nonconforming use. Again, Mr. Marshall confirmed that Narconon was treated in a fair and nondiscriminatory manner. City Attorney Burnham stated that Mr. Trayhem's comments were directed at a member of the public who has a right to speak her mind. City Attorney Burnham reminded everyone that the subject of the item on the agenda at the current meeting is the proposed ordinance, and determining if it accomplishes what is desired by the City Council and complies with Federal and State law. Mr. Marshall stated that he doesn't feel that the City's intention is to be discriminatory, but he's concerned that the discriminatory comments made by the public will influence the City Council. He stated that fighting discrimination is very frustrating. Mayor Ridgeway stated that at the current meeting, no one has articulated how the proposed ordinance discriminates. City Attorney Burnham offered to meet with anyone who still has concerns or questions about the proposed ordinance. Mayor Ridgeway noted that modifications were made to the proposed ordinance, based on previously stated legal issues but that he hasn't heard any at the current meeting, except for those from Mr. Stearman. Mayor Ridgeway felt that the proposed ordinance supports the services offered by such facilities as Narconon and that the City Council would be objective when making its decision. He additionally noted that he has visited the Narconon facility and feels that such things as trash and noise are a problem. Frank McGeoy stated that he owns a business in Newport Beach and is a recovering alcoholic. His goal is to own a recovery home in Newport Beach, but the restrictions in the proposed ordinance wouldn't make it cost effective. He stated that he could make it work with ten residents in a home, but not six or fewer, and noted that he owns homes in Huntington Beach and Anaheim Hills. Mayor Ridgeway agreed that the economics in Newport Beach make it restrictive. Mr. Goldfarb stated that the proposed ordinance does not prohibit group residential facilities from housing more than six Volume 56 - Page 1146 City of Newport Beach City Council Minutes August 10, 2004 INDEX handicapped individuals. It provides a relatively simple mechanism for someone to get reasonable accommodation, via the Federal exception permit. Council Member Nichols asked Mr. McGeoy if he has State licenses for his homes in Huntington Beach and Anaheim Hills. Mr. McGeoy stated that they are both sober living homes, which don't require a license. Council Member Nichols confirmed that Mr. McGeoy is receiving money from the homes, so thought he had to have a license. Mr. McGeoy stated that a license is not required because treatment is not offered. It is only a place to live. Mr. Goldfarb confirmed that the State does not require a license for facilities that do not provide services, as defined by the State. Deborah McGaldy stated that she runs an agency that provides staff for treatment centers and it's generally accepted that more than six people are required at a facility to make it a social model environment. Ms. McGaldy stated that she understands both sides of the issue, but there are already so many barriers to treatment. She agreed with a previous speaker that it is more economical to have more individuals in a facility and added that those that don't get treated cost all taxpayers. Ms. McGaldy suggested that people who would like more information on recovery and treatment to access the recoverymonth.gov website. Brett Countryman asked how easy it is to get a Federal exception permit, and what the process is. Secondly, he asked if a State license is required for more than six. And, lastly, he asked for a simple clarification as to why the proposed ordinance is not discriminatory. Mr. Goldfarb responded by stating that a Federal exception permit applies very specific and very objective criteria, which are easy to satisfy and are also contained within the proposed ordinance. He stated that the process is very simple and very straightforward. Mr. Goldfarb stated that the proposed ordinance is not discriminatory because the only groups that get to live together as something other than a single housekeeping unit are persons who have handicaps. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Council Member Rosansky confirmed with City Attorney Burnham that in Section 20.91.040(C)(2) and (4), the word "insure" should be changed to "ensure ". Motion by Council Member Brombere to re- introduce Ordinance No. 2004 -16 amending the Zoning Code, as amended to change "300 yards" to "300 feet" in Section 20.03.030; and change the word "insure" to "ensure" in both Sections 20.91.040(C)(2) and (4), and pass to second reading on August 24, 2004, City Attorney Burnham noted another typographical error in Section 20.91.035(C)(3). He stated that "the following" should be removed. Amended motion by Council Member Brombere to include this change in his motion also. Volume 56 - Page 1147 City of Newport Beach City Council Minutes August 10, 2004 INDEX Council Member Bromberg stated that he is making the motion on the basis that counsel has informed the City Council that it is legal, and complies with Federal and State law. City Attorney Burnham suggested that anyone that is interested in attending a meeting to review the ordinance contact his office with available dates and times, and a meeting will be scheduled. The phone number to the City Attorney's office is (949) 644 -3131. The amended motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Heffernan, Adams K. PUBLIC COMMENTS • Jim Hildreth referred to the City's website and read from the seventh paragraph on himself. He stated that it doesn't include the reference from Tony Melum that the records were being microfilmed or from Wes Armand that the City did have the records, or the request by himself that the City look into the records that have been lost. • Dolores Otting stated that the amended agreement for Marinapark included a requirement that the market analysis and fiscal impact analysis were supposed to be available for public review at least ten days prior to the public hearing at which the City Council was scheduled to consider certifying the environmental impact report, but that this did not happen. Additionally, she asked who the amended agreement is with. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report — Ad Hoc General Plan Update Committee (GPUC). Assistant City Manager Wood reported that GPUC met on July 26, 2004, and the main agenda item was a discussion on the method to use to analyze the alternative land use scenarios that the General Plan Advisory Committee (GPAC) developed. Status report — Local Coastal Program (LCP) Certification Committee. Mayor Ridgeway announced that the Coastal Commission has deemed the City's application as complete. Status report — Newport Coast Advisory Committee (NCAC). Council Member Nichols reported that at the most recent NCAC meeting, there was a request for a demonstration on how the school loop road would be operated. He stated that Assistant City Manager Kiff is planning to hold a public meeting to address the matter. Status report — Mariners Joint Use Library Ad Hoc Steering Committee. No report. Volume 56 - Page 1148 City of Newport Beach City Council Minutes August 10, 2004 Status report - Other Committee Activities. No reports. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT N. D 16. PLANNING COMMISSION AGENDA FOR JULY 22, 2004 (contd. from 7/27/04). 17. PLANNING AGENDA FOR AUGUST 5, 2004. Planning Director Temple reported that of the four items on the Planning Commission agenda for July 22, 2004, only the item approving the minutes was acted on. The other three items were continued. At the meeting of August 5, 2004, the Planning Commission recommended approval of the general plan and use permit for the Newport Sports Museum, and a lengthy hearing was held on Bahia Corinthian Yacht Club (BCYC). The BCYC item was continued so that staff could draft the final findings and conditions. The last item on the agenda was a discussion by the Planning Commission on the guiding principles for the general plan update. She stated that staff will provide the City Council with a report on the meeting and the proposed changes. 18. NEWPORT BAY WATERSHED EXECUTIVE COMMITTEE AND APPOINTMENTS THERETO (contd. from 7/27/04). Motion by Mayor Ridgeway to 1) adopt Resolution No. 2004 -74 relating to the Watershed Executive Committee; and 2) appoint Mayor Ridgeway as the representative to the Watershed Executive Committee and Council Member Webb as 1st Alternate and Assistant City Manager Dave Kiff as tad alternate. The motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Heffernan, Adams CURRENT BUSINESS 19. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - SEPTEMBER 17 - SEPTEMBER 19, 2004 IN LONG BEACH. Not finding a council member in attendance at the current meeting that would be able to attend the League of California Cities annual conference, Mayor Ridgeway suggested that the item be continued. Motion by Council Member Bromberg to continue the item to August 24, 2004. Volume 56 - Page 1149 INDEX (100 -2004) (100 -2004) (100 -2004) City of Newport Beach City Council Minutes August 10, 2004 The motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Heffernan, Adams 20. CITY COUNCIL FORMATION OF A NEIGHBORHOOD TRAFFIC CALMING AD HOC COMMITTEE. Mayor Ridgeway appointed Council Members Heffernan and Webb to serve on the committee. Motion by Council Member Bromberg to 1) adopt Resolution No. 2004 -75 creating a Neighborhood Traffic Calming Ad Hoc Committee to establish a City Council policy addressing residential traffic concerns; 2) confirm Mayor's appointment of Council Members Heffernan and Webb to the Committee; and 3) as a first committee priority, determine if a speed hump demonstration project on Port Provence is warranted. Dolores Otting stated that she understands the concerns of the Skinners and Caustins, as addressed at the Study Session of July 27, 2004. She asked if the meetings of the committee would be open to the public. Council Member Webb stated that it's. his understanding that the committee will look at the various reports that have been put together on the subject, and make recommendations on what would be appropriate standards to implement traffic calming measures. When adopted, this would serve as the tool that would be used by the neighborhoods when they request traffic calming measures. Ms. Otting stated that $85,000 has already been spent on a traffic study and that every neighborhood is different. She stated that one solution will not work for every neighborhood, and she couldn't understand why a demonstration project couldn't be done concurrent with the work that will be done by the committee. She expressed her frustration that the Caustin's request wasn't approved. Council Member Bromberg stated that the action presented to the City Council at the current meeting is what staff was directed to do at the Study Session. He expressed his understanding that the Caustin's might want a speed hump installed sooner, but stated that the process doesn't work that way. City Manager Bludau noted that the City Council cannot take action at a Study Session, per its own policy. Mayor Ridgeway added that the Fire Chief spoke at the same meeting in opposition to speed humps. In addition, a survey indicated that the speed on the Caustin's street is at a lower speed than most. Council Member Bromberg disagreed, but stated that the committee will review the matter and make a recommendation. Volume 56 - Page 1150 INDEX (100 -2004) City of Newport Beach City Council Minutes August 10, 2004 The motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Heffernan, Adams 21. FIRE STATION NO. 7 — APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH RRM DESIGN GROUP FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES. Motion by Council Member Brombere to 1) approve a Professional Services Agreement in the amount of $363,521 with RRM Design Group, and 2) authorize the Mayor and the City Clerk to execute the agreement. The motion carried by the following roll call vote Ayes: Rosansky, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: Heffernan, Adams 22. AGREEMENTS AND FUNDING FOR THE BACK BAY SCIENCE CENTER (FORMERLY KNOWN AS THE MARINE STUDIES CENTER) ON SHELLMAKER ISLAND. Motion by Council Member Brombere to 1) authorize the City Manager to execute a Cooperative Agreement between the City of Newport Beach, the County of Orange and the Department of Fish and Game that is substantively identical to Exhibit A; 2) authorize the City Manager to execute a Lease between the City of Newport Beach and the County of Orange that is substantively identical to Exhibit B; and 3) authorize the City Manager to execute a Lease between the City of Newport Beach and the Department of Fish and Game that is consistent with Exhibit B and the authority previously granted on June 22, 2004. Council Member Nichols stated that the City is being optimistic about the funding for Back Bay, and that the agreement spends the money that has been received. City Attorney Burnham agreed that the City is being optimistic in terms of funding, but noted that it's an important project. He confirmed that the City has already contributed approximately $500,000 in American Trader Oil Spill settlement funds that were earmarked for the project. The City's funding commitment from this point forward would be limited to Beacon Bay lease revenue, which is a funding source that is suited for the Back Bay Science Center. In response to Council Member Nichols' question, City Attorney Burnham stated that potentially $300,000 will be spent from the Beacon Bay lease revenue, if the City receives $4 million from other sources. He noted that approximately $2 million has already been identified, and that funding applications are pending. In response to Mayor Ridgeway's question, City Attorney Burnham Volume 56 - Page 1151 C -3626 Fire Station No. 7 (38/100 -2004) C -3460 Back Bay Science Center on Shellmaker Island (38/100 -2004) City of Newport Beach City Council Minutes August 10, 2004 110113 �AV stated that there is approximately $196,000 in the Beacon Bay lease revenue fund. Additionally, there's the ability to borrow against the fund, and confirmed that it is also known as the Land Bank Fund. The Newport Bay Restoration Fund is a separate fund that may be another possible source. City Manager Bludau noted that it has approximately $300,000. City Attorney Burnham noted that there is a minor correction to the cooperative agreement. He specified that the total contribution from the University of California at Irvine (UCI) should be $281,000. Amended motion by Council Member Brombere to include this change to the cooperative agreement in his motion. The amended motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Mayor Ridgeway Noes: Nichols Abstain: None Absent: Heffernan, Adams P. ITEMS REMOVED FROM THE CONSENT CALENDAR Mayor Ridgeway announced that public comments on items removed from the Consent Calendar would be limited to one minute at the current meeting. 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 13, 2004 AND ADJOURNED REGULAR MEETING OF JULY 19, 2004 (contd. from 7/27/04). Jim Hildreth stated that on page 1071, his comments are not recorded correctly. Motion by Council Member Brombere to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Heffernan, Adams 2. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 27, 2004. Jim Hildreth stated that on page 1095, it was the Little Balboa Island undergrounding that he was referring to, not the Balboa Island undergrounding. On page 1122, the noise that occurred while he spoke should have been recorded in the minutes. Motion by Council Member Brombere to waive reading of subject Volume 56 - Page 1152 City of Newport Beach City Council Minutes August 10, 2004 minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Heffernan, Adams REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 94 (PACIFIC DRIVE) (contd. from 7/27104). Jim Hildreth stated that he hopes that the vault system for this undergrounding will be better than the one for Little Balboa Island. Additionally, he stated that the. cost of the district should include accommodations to the residents in the area and those that may not be able to afford it. Motion by Council Member Bromberg to approve a budget amendment (05BA -002) authorizing an advance from the General Fund in the amount of $18,060 to Assessment District No. 94 and appropriate $11,260 to 74094 -9810 for SCE electric design and $6,800 to 74094 -9811 for SBC phone design. The motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Heffernan, Adams 8. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 95 (AREA BOUNDED BY L STREET, BALBOA BOULEVARD, CHANNEL ROAD AND OCEAN BOULEVARD) (contd. from 7/27/04). Jim Hildreth stated that noise is a major concern and hopefully the vault system will be silenced. Additionally, he hoped that those that can't afford the assessment will be given the opportunity for financial assistance. Motion by Council Member Bromberg to approve a budget amendment (05BA -005) authorizing an advance from the General Fund in the amount of $105,500 to Assessment District No. 95 and appropriate $80,500 to 74095 -9810 for SCE electric design and $25,000 to 74095 -9811 for SBC phone design. The motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Volume 56 - Page 1153 INDEX Assessment District No. 94 (89/100 -2004) Assessment District No. 95 (89/100 -2004) City of Newport Beach City Council Minutes August 10, 2004 Abstain: None Absent: Heffernan, Adams 12. APPOINTMENT OF ACTING CITY ATTORNEY EFFECTIVE AUGUST 14, 2004. Jim Hildreth stated that enough notice was given of the City Attorney's retirement that a replacement should have been found, but that possibly the Assistant City Attorney is qualified to fill the position. Motion by Council Member Bromberg to appoint Assistant City Attorney Robin Clauson to be Acting City Attorney until the position is filled. The motion carried by the following roll call vote: Ayes: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Heffernan, Adams Q. MOTION FOR RECONSIDERATION - None Mayor Ridgeway and the other council members acknowledged the contributions of City Attorney Burnham. R. ADJOURNMENT - at 10:10 p.m. The agenda for the Regular Meeting was posted on August 4, 2004, at 4:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor City Clerk y OF U�010V,4,xox-t Volume 56 - Page 1154 INDEX (100 -2004) City of Newport Beach City Council Minutes August 10, 2004 INDEX THIS PAGE LEFT BLANK INTENTIONALLY. Volume 56 - Page 1155