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HomeMy WebLinkAbout10/17/2007 - Adjourned Regular MeetingI CITY OF NEWPORT BEACH City Council Minutes Adjourned Regular Meeting October 17, 2007 — 7:00 p.m. I. CLOSED SESSION - 4:30 p.m. II. RECONVENED AT 7:00 P.M. FOR ADJOURNED REGULAR MEETING III. ROLL CALL Present: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Excused: Council Member Curry IV. PLEDGE OF ALLEGIANCE - Council Member Henn V. PUBLIC HEARING 1. EXTENSION OF TEMPORARY MORATORIUM ON RESIDENTIAL USES THAT ARE TRANSITORY IN NATURE; REPORT OF MEASURES TAKEN SINCE THE ADOPTION OF TEMPORARY MORATORIUM. Mayor Rosansky introduced Special Legal Counsel Jim Markman of Richards, Watson & Gershon. He read a public statement pertaining to the allegations about him having a conflict of interest and reported on steps the City has taken to address the concerns related to group residential uses. Assistant City Manager Kiff utilized a PowerPoint presentation to highlight the background, current moratorium, key issues the Planning Commission will be bringing before Council, and the timeline. Jim Markman, Richards, Watson & Gershon (RWG), reported that they expect to deliver their analysis in December. He noted that RWG has been charged with producing an ordinance that deals with the over concentration and risks related to group residential uses, and includes input from the citizens group and attorneys. RWG has also been asked to provide a conflict of interest audit for the Council and be able to give assurances that there is no reason for a Council Member to abstain from the process. He invited anyone from the public to send information to his office and indicated that it will be kept confidential. He recommended adopting the ordinance, as presented, for the full one -year extension. In response to Council questions, Mr. Markman reported that he has reviewed much of the past legal work, met with citizens and theirs attorneys, and met with the attorneys representing the operators. He confirmed that, even though RWG will be looking at information from all of the concerned parties, RWG will be making its recommendations based on Council direction. Mayor Rosansky opened the public hearing. Michael Tidus, Concerned Citizens Group, requested confirmation regarding the Volume 58 - Page 297 City of Newport Beach City Council Minutes October 17, 2007 moratorium, opening up a facility for six occupants and under, and selling the operation to become part of an integral organization. He requested that this not go back to the Planning Commission and that Council act quickly. Special Legal Counsel Markman indicated that this would only go back to the Planning Commission to avoid a legal defect. He reported that no permit can be issued and no one can establish a facility while the moratorium is in effect. In response to Ed Vandenbossche's question, Special Legal Counsel Markman reported that the City of Sausalito filed a lawsuit this week to abate integral uses before they start. He stated that RWG intends to contact Sausalito's attorney and support their approach as an amicus during the appeal process. Max Liskin believed that the City is doing a lot to resolve this problem and that the public has to give the City time to address the situation. He suggested addressing issues that are not discriminatory, like smoking, outdoor meetings, etc. Denys Oberman submitted a petition from the community with 1,089 signatures and indicated that the citizens group has been asking Council since 2004 for a remedy to get rid of the current over concentration and to create a proactive plan to prevent this type of institutionalization from continuing throughout the City, especially in the coastal areas. She indicated that they have worked hard to prepare a solution; however, it was rejected by the Planning Commission. Dick Nichols asked about the State licensed facilities and believed that there is data available that could be used to write the City's laws. He asked RWG if they could work with the State to find out where the licensed facilities are located and how large they are. Assistant City Manager Kiff reviewed information that can be found on the State's website. He reported that the State has been working with the City; however, it is clear that the State's job is to license new facilities. David Diamond highlighted the over concentration of facilities in his area and noted that he has never accused anyone of doing anything wrong. He explained that sometimes a location has two units on the site, so discussing 24 facilities can be equivalent to having 48 licensed facilities. However, it is the unlicensed homes that may have three times the number of people and also have more than one unit per location. He reported that he met with a State representative from the ADP who indicated that their records are not accurate. Assistant City Manager Kiff indicated that Mr. Diamond is correct because residential facilities can seek two separate licenses and operate under the loophole in State law. He Clarified that, of 24 locations, 14 are six occupancy facilities but believed 13 are operated integrally with others. He concurred that there are a significant number of unlicensed facilities and it is difficult to determine where they are located. Joel Slutzky commended Mayor Rosansky for his opening comments and believed that, with what is happening now, the issue is being addressed. He emphasized the importance of enforcing the moratorium and requiring a business license in order to know where the facilities are located. However, in the interim, he suggested creating a use permit ordinance. Assistant City Manager Kiff explained that, if a facility were licensed and has six or fewer occupants, the City has to treat the location as a single - family use; however, the City can regulate a seven or more occupant licensed facility. He emphasized that, if the facility is not licensed, the City can regulate it and the moratorium applies to all unlicensed facilities. Special Legal Counsel Markman reported that only licensed facilities are Volume 58 - Page 298 City of Newport Beach City Council Minutes October 17, 2007 exempt from paying business license taxes. Shelly Dobkins agreed that the City should extend the moratorium and believed that the City has been over accommodating these facility and not discriminating against them. She added that there is evidence of undue hardship on the citizens due to these facilities. Dolores Otting expressed hope that the City incorporates State definitions. She addressed public nuisance issues and believed that there is a problem with code enforcement. Assistant City Manager Kiff indicated that the City is pursuing civil and criminal action relative to a case on 39th Street. Marcia O'Hern believed that she has smelled marijuana but didn't call the Police. Assistant City Manager Kiff encouraged anyone to call the Police Department relative to potential violations. Willis Longyear indicated that he helped get the petitions signed. David Diamond addressed the issue of business licenses and when they are required. Assistant City Manager Kiff indicated that the City knows where the licensed facilities are located. Council Member Henn reported that State law prohibits the City from taxing licensed facilities, but doesn't prohibit the facilities from filing paperwork that has no fees. Special Legal Counsel Markman noted that the facilities still have to file tax returns. He indicated that he has never seen anyone compel someone to provide information without requiring a license. Dick Nichols addressed the business license issue. In response to Ed Vandenbossche's inquiry, Assistant City Manager Kiff indicated that the City is looking into transient occupancy tax issues. Laura Curran noted that 110 signatures are from Corona del Mar. Hearing no further testimony, Mayor Rosansky closed the public hearing. Motion by Council Member Gardner to receive and file the report relative to measures taken since the adoption of an Interim Urgency Ordinance (Ordinance No 2007 -10) regarding a temporary moratorium on the establishment and operation of residential uses that are transitory in nature; and adopt Interim Urgency Ordinance No. 2007 -16 which extends the temporary moratorium on the establishment and operation of residential uses that are transitory in nature for twelve (12) months to October 30, 2008. Assistant City Manager Kiff utilized a PowerPoint slide to display additional text to be added to the first page. Amended motion by Council Member Gardner to. receive and file the report relative to measures taken since the adoption of an Interim Urgency Ordinance (Ordinance No 2007 -10) regarding a temporary moratorium on the establishment and operation of residential uses that are transitory in nature; and adopt Interim Urgency Ordinance No. 2007 -16, as amended to add an additional "Whereas" clause, which extends the temporary moratorium on the establishment and operation of residential uses that are transitory in nature for twelve (12) months to October 30, 2008. The amended motion carried by the following roll call vote: Ayes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Volume 58 - Page 299 City of Newport Beach City Council Minutes October 17, 2007 Absent: Council Member Curry VI. PUBLIC COMMENTS Dolores Otting discussed fluoride in the drinking water and the conversation she had with her dentist. VII. RECESS - The City Council recessed into Closed Session at 8:20 p.m. VIII. ADJOURNMENT - Mayor Rosansky announced that there was nothing to report out of Closed Session and adjourned the meeting at 8:30 p.m. The agenda for the Regular Meeting was posted on October 10, 2007, at 1:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. v - -P �rs�n� as Recording Secretary Mayor ROOM— i►'tz 0 City Clerk Volume 58 - Page 300