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HomeMy WebLinkAbout13 - Budget Amendment for Outside Legal ServicesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 (April 10, 2007) TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Robin Clauson, City Attorney 644- 3131, rclauson@city.newport-beach.ca.us SUBJECT: BUDGET AMENDMENT FOR PROFESSIONAL SERVICES FOR UNANTICIPATED OUTSIDE LEGAL SERVICES RECOMMENDATION: Approve a budget amendment transferring $295,000.00 from General Fund unappropriated reserves to the City Attorney's Professional and Technical account 0510 -8080. DISCUSSION: The Fiscal Year 6 2006 -07 budget for the City Attorney's Professional and Technical Services Account was $160,000.00. This amount in an average year will handle the department's needs for outside legal or technical expertise for legal services required for the year. However, the City Council took on extra initiatives raised by the concerns of growth in the City of Irvine — Irvine Business Complex (IBC). The Council authorized the hiring of outside legal counsel to assist the City Attorney's efforts to evaluate ongoing development and environmental documents and make appearances before the Irvine City Council. Ultimately, the City hired experts in the field of environmental litigation to file a legal challenge to Irvine's approvals of two residential developments. The need for outside legal counsel to initiate and follow through on litigation is ongoing as the City of Irvine continues to approve housing developments in the IBC. The November 2006 election was unusual. The election involved three initiatives, voter approval of the General Plan, six council seats were open and litigation ensued surrounding ballot language for one initiative as well as legal issues surrounding voters right act questions under the Padilla case. All these issues required additional time and expertise of special election counsel. Specialized -legal counsel was also necessary to assist with the review and defense of the General Plan EIR and advise the Administrative Services Department and Human Resources Department as to federal tax laws and to obtain an IRS letter ruling related to the City's retiree Medical Expense Reimbursement Plan (MERP). Finally the issue of group homes has resulted in extra expense and time by this office as well as outside legal counsel to evaluate and advise regarding amendments to the City's zoning code that may legally be made to address the concerns raised by these uses. Budget Amended for Professional Services Account April 10, 2007 Page 2 A budget amendment of $295,000.00 is requested to increase the Professional and Technical account to address current and anticipated expenses related to the IBC, group homes, Elections and Initiatives and employee's retiree medical expense reimbursement matters through the end of this fiscal year. The General Fund unappropriated reserve account will be reimbursed in the amount of $50,000 to $75,000 according to the City's agreement to share legal services with the City of Tustin. Environmental Review: This is not a project under CEQA. Public Notice: Funding Availability: Upon approval of the recommended budget available in the City Attorney's 8080 account to identified above through the end of fiscal year. Prepared and Submitted by: Robin Clauson, City Attorney amendment sufficient funds will be pay for additional outside legal costs as City of Newport Beach NO. BA- 07BA -066 BUDGET AMENDMENT 2006 -07 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $295,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations to cover current and anticipated expenses associated with the City's need for additional outside legal council related to efforts involving the Irvine Business Complex (IBC), group homes, elections and initiatives, and employee's retiree medical expense reimbursement (MERP) matters. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (3609) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Division Account Signed: Signed: Signed: Number Number Number Number Number Number Number Number Number Number Description 0510 City Attorney 8080 Services Prof & Tech NOC Financial Approval: Administrative Services Director Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $295,000.00 " $295,000.00 Date Date Date q1 ol0 7 #:--)3 ORDINANCE NO. 2004-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING SECTIONS 20.03.030, 20.05.030, 20.05.040, 20.10.010 20.10.020 and Chapter 20.91 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ALL CATEGORIES OF GROUP LMNG USES WHEREAS, the City Council finds that the City's Zoning Code provisions regulating all group living regulations should be amended to ensure conformity with the Federal Fair Housing Act Amendments CFHAA; 42 USC § 3601) and various provisions of State law including, without limitation, to provide procedures that allow the City to receive, evaluate and approve applications to accommodate uses protected by State and Federal law; and WHEREAS, the City Council finds that the fundamental precept of the City's Zoning Code provisions relative to residentlal zones is that individual dwelling units are intended for the occupancy and use of 'families" (now defined as "Single Housekeeping Units") and that persons who are not living together as a Single Housekeeping Unit should be prohibited from residing in the same dwelling unit in all the City's residential zones;and WHEREAS , the City Council further finds that when persons are living together as a single housekeeping unit, they are entitled to live together in a dwelling unit within the Citys residential zones, regardless of whether they are related by blood, marriage or otherwise; and WHEREAS, the City has, because of provisions of State and Federal law, made an exception to the requirement that dwelling units In residential districts be occupied only by a Single Housekeeping Unit by defining groups. of six or fewer persons with physical . or mental impairments that substantially limit one or more of that person's major life activities who are living together as a. Single Housekeeping Unit; and WHEREAS, the City has obtained the opinion of Dr. Michael Gales, a medical doctor specializing in recovery from chemical dependency, that the recovery of persons suffering from drug or alcohol dependency is properly accomplished In residential groups of between four and six persons, which, under the proposed code amendments, can locate in any residential zone of the City without the need for any discretionary permits; and WHEREAS, the City finds that this ordinance complies with, and Implements, the FHAA by establishing a reasonable accommodation process, initiated by filing an application for a °Federal Exemption Permit% that is available to any person who desires to establish a residential facility serving 7 or more persons with physical or mental Impairments that substantially limit one or more major life activities; and 14 WHEREAS, the City Council finds that, except for the provisions of this ordinance that permit or conditionally permit persons with physical or mental impairments that substantially limit one or more major life activities to live In residential districts as other than a Single Housekeeping Unit, the City does not desire to pem-it or conditionally permit other groups of persons not riving together as a Single Housekeeping Unit to reside together in a single dwelling unit in any of the City s residential zones; and WHEREAS, during the public hearings preceding adoption of this ordinance, substantial evidence has been presented that confirms there is a high degree of transiency among group home residents, that transiency (due to the failure of an occupant to comply with rules or the successful completion of a program) is an important element of certain group living arrangement, that group home residents often come from outside of Newport Beach with the intent to reside here for a very limited period of time and to leave Newport Beach upon completion of the program or treatment that caused them to become residents; and WHEREAS, the City Council finds that persons who occupy dwelling units without the intent to reside long -term in the community have, on average, less incentive than persons who intend to make the community their permanent residence to engage in conduct that contributes to the neighborhood and its residents and to refrain from conduct that annoys or disturbs neighbors; and WHEREAS, the City Council has received extensive testimony during the public hearings preceding adoption of this ordinance and has received evidence on other occasions that dwelling units with short term or transient occupants, when compared to occupants of dwelling units who intend to permanently reside at that location, generate more frequent complaints related to noise, profanity, trash, illegal parking and other conduct that would disturb a person of ordinary sensitivity; and WHEREAS, the City Council has adopted an ordinance (Chapter 5.95 of the Newport Beach Municipal Code) that regulates the conduct of property owners and occupants of dwelling units that are occupied by short term lodgers to address the problems caused by this type of occupancy; and WHEREAS, the City Council finds that, based on testimony received during the public hearings preceding adoption of this ordinance, individual group residential facilities within 300 feet of one another have been used to provide services to the occupants of other similar facilities creating a "campus effect resulting in the short term intensification of uses In the neighborhood that is now serving the occupants of the other dwelling units and resulting in adverse impacts related to noise, traffic and parkng. NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows: SECTt �Of 1_. The following definitions contained in Section 20.03.030 of the Newport Beach Municipal Code are hereby amended to read as follows: 2 W "Campus" means three or more buildings In a residential zone within a 300 foot radius of one another that are used together for a common purpose where one or more of the buildings provides a service for the occupants of all the buildings such as when one building serves as a kitchen/food service area for the occupants of the other buildings. "Dwelling, multifamily" means a building containing three or more dwelling units, each of which is for occupancy by one family. "Dwelling, single- famiV, means a building containing one dwelling unit for occupancy by one family. "Dwelling, two family' means a building containing two dwelling units, each of which is for occupancy by a one family. "Family" means one or more persons living together as a Single Housekeeping Unit. The term "Family" shall include "Residential Care- Limited" facilities for six or fewer mentally disabled, mentally disordered or otherwise handicapped persons regardless of whether they are Irving together as a Single Housekeeping Unit, but shall not include any other living group that is not living together as a Single Housekeeping Unit. `Single Housekeeping Unit' means the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit including the joint use of common areas and sharing household activities and responsibilities such as meals, chores, and expenses. For purposes of the R -A and R -1 zones, a Single Housekeeping Units members shall also be a non - transient group. SECTION 2. The following definitions contained in Section 20.05.030 of.the Newport Beach Municipal Code are hereby amended to read in their entirety as follows: 'Day -Care, Limited" means non - residential, von- medical care and supervision of twelve (12) or fewer persons on a less than twenty -four hour basis. This classification includes, but Is not limited to, nursery schools, preschools, and day -care centers for children (large and small family day-care homes) and adults. °Group Residential' means shared living quarters, occupied by more than one person, which lack separate kitchen and bathroom facilities for each room or unit, as well all shared living quarters occupied by two or more persons not living together as a Single Housekeeping Unit. This classification includes boarding houses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential hotels (see Single -Room Occupancy ( SRO) Residential Hotels, Section 20.05.050(EEx4)). "Residential Care, Limited" means shared living quarters (without separate kitchen and bathroom facilities for each room or unit) for six or fewer persons with physical or mental impairments that substantially limit one or more of such person's major life activities. This classification also includes, but is not limited to, group homes, saber hiving environments, recovery facilities, and establishments providing non - medical care for persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. Ib "Residential Care, General" means shared living quarters (without separate kitchen or bathroom facilities for each room or unit) for seven or more persons with physical or mental impairments that substantially limit one or more of such person's major life activities when such persons are not living together as a Single Housekeeping Unit. This classification includes but is not limited to group homes; sober living environments; recovery facilities and establishments providing nonmedical care for persons in need of personal services, supervision, protection or assistance essential for sustaining the activities of daily living. "Single- Family Residential" means a building or buildings containing one dwelling unit located on a single lot for occupancy by one family. This classification includes mobile homes and factory built housing. 'Two- Family Residential" means a building or buildings containing two dwelling units located on a single lot, each unit limited to occupancy by a single family. This classification includes mobile homes and factory built housing. UCTION 3. The definition of "Residential Care, General" contained in Section 20.05.040 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: "Residential Care, General" means shared living quarters (without separate kitchen or bathroom facilities for each room or unit) for seven or more persons with physical or mental impairments that substantially limit one or more of such person's major life activities when such persons are not living together as a Single Housekeeping Unit. This classification Includes but is not limited to group homes, sober living environments, recovery facilities and establishments providing non - medical care for persons in new of personal services, supervision, protection or assistance essential for sustaining the activities of daily living. SWMN 4. Subsection H of Section 20.10.010 of the Newport Beach Municipal Code is hereby amended to read In its entirety as follows: H. Provide public services and facilities to accommodate planned population. and densities. The specific residential dmtnets and their purposes are as follows: Residential - Agricultural (R-A) District. Provides areas for single - family residential and light farming uses. Single - Family Residential (R -1) District. This is the City's most restrictive residential zoning district, established to provide for a stable, social neighborhood for single-famity. residential land uses by limiting occupancy to one family. Restricted Two Family Residential (R -1.5) District. Provides areas for single - family and two family residential land uses with the total gross floor area of all buildings limited to a maximum floor area ratio of 1.5 times the buildable area. 4 116 Two Family Residential (R -2) District. Provides areas for single - family and two family residential land uses. Multifamily Residential (MFR) District Provides areas for single - family, two - family, and multiple family residential land uses. SECTION 8. Section 20.10.020 of the Newport Beads Municipal Code is hereby amended to read in its entirety as follows: 20.10.020 Residential Districts: Land Use Regulations. The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in residential districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in residential districts. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP' designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD /U" designate use classifications permitted an approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P /UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. The letters FEP designate use classifications for which a Federal Exception Permit must first be obtained pursuant to Chapter 20.91. Letters in parentheses in the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Residential Districts: Land Use Regulations P = Permitted UP = Use permit PDAJ = Use permit issued by the PlannBmg Director i L = Limited (see Additional Use Regulations) FEP = Federal Exception Permit = Not Permitted I _ R A R -2 ;MFR c - -- ddition i o Regulatin i RESIDENTIAL A ,B SC) Da -care. Limited � i Gr_aip Residential Res�ernial Care, Limited i���' �� i Residential Care, General �` �! FEP FEP EF ______i { I m ly Residential i © F(R), (E) (M) __J j Multifamily Residential �JC Tyro- Family Residential ���� P P i D) 5. i6 I� l : PUBLIC AND SEMI-PUBLIC —1L - ---1 ! Q9, (g) (C) L-1 I L -1 L i j Clubs and L L-2 L -2 LL2 ; A Convalescent Facilities 11up Day Cara, General_— 1 — f UP UP_ UP UP Government Offices. —� UP i UP `^ J UP UP Hospitals C UP Park and Recreation Facilities UP !UP I UP ' Public Safety Facilities f UP UP ' UP UP UP Religious Assembly Sd=ls, Public and Private t UP UP UP Utilities, Ma' UP° U�P __ UP UP ! UP Utilities, Minor _ - - -- ? I��— �L�� ---�` —_ COMMERCIAL U.E. i�r_ (A), (B), (C) — Horticulture, limited ; P I��_-----� Numenes 1 PD/ r jl� Vehicte/Equipment Sales and rvices IF - Commercial Parking Facility L -3 � L-3 �L -3 � L�—!--'—���--� L -3 I Visitor Accommodations -Bed and Breakfast Inns -SRO Residential Hotels GPJCULTURAL AND i (A), {B), (C) EXTRACTIVE USES I�J= 1� imaE husbandry � PAD /---- i�-�— Crop Production_ -4 ��------ L-4 :i��--- L-4 -�--�— Mining and Processing [IL CCESSORY USES Accessory Structures and PJU PN P-IUP Pl�U ' P /UPS (I) —� -- TEMPORARY USES � I� (� _, • (A). (B). �C) ` I� Circuses and Carnivals li P P P ; P K" Commercial Filming, Limited �JP C ^L!LP__ K) Personal Property Sales ����1� P - -� Offices i t -5 L -5 i Reemlry L -5 ^it L-5 Residential Districts: Additional Land Use Regulations L -1: Twenty (20) acres minimum. L -2: Limited to yacht clubs, use permit required. L -3: Public or no fee private lots for automobiles may be permitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case. L-4: See Chapter 20.81, Oil Wells. L -5: Subject to the approval of the Planning Director. (A): See Section 20.60.025, Relocatable Buildings. (B): See Section 20.60.015, Temporary Structures and Uses. (C): See Section 20.60.050, Outdoor Lighting. (D): With the exception of uses in the R -1 Zone, any dwelling unit otherwise permitted by this Code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of: 1. A business license pursuant to Chapter 5.04 of the Municipal Code. 2. A transient occupancy registration certificate pursuant to Section 3.16.060 of the MuNdpal Code. 3. A short term lodging permit pursuant to Chapter 5.95 of the Municipal Code. (E): See Chapter 20.85, Accessory Dwelling Units. (F): See Section 20.60.110, Bed and Breakfast Inns. (G): Keeping of Animals In the R-A District. The following regulations shall apply to the keeping of animals in the R -A District: 1. Large Animals. The keeping of large animals (as defined in Section 20.03.030) shall be subject to the following regulations: a. Horses. One horse may be kept for each ten thousand (10;000) square feet of lot area, up to a maximum of three horses; provided, the horse or horses are kept for recreational purposes only. The keeping of four or more horses for recreational uses shall require a use permit issued by the Planning Director. The keeping of horses for commercial purposes shall require a use permit issued by the Planning Commission. b. Other. Large Animals. Other large animals, including goats, sheep, pigs and cows, may be kept on lots of fifteen thousand (15,000) square feet or more and the number shall not exceed two adult animals of any one species. C. Total Number Permitted. The total number of large animals shall not exceed six. Offspring are exempt untll such time as they are weaned. 2. Domestic and Exotic Animals. The number of domestic and exotic animals "(as defined in Section 20.03.030) shall not exceed six. Offspring are exempt up to the age of three months. The keeping of four or more dogs over the age of three months shall require a kennel license pursuant to Section 7.04.090 of the Municipal Code. The keeping of wild animals shall require a permit pursuant to Chapter 7.08 of ttme Municipal Code. j(0 3. Small Animals. The number of small animals, other than domestic and exotic animals (as defined In Section 20.03.030), shall not exceed six. Offspring are exempt up to the age of three months. 4. Control. a. Domestic Animals. No such animals, except for cats, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure or otherwise under the control of the owner of the property. b. Other Animals. No animal, other than domestic animals, shah be permitted to tun at large, but shall be confined, at all times within a suitable enclosure. (H)-.See Chapter 20.81, Oil Wells. (I): See Section 20.60.100, Home Occupations in Residential Districts. (3): See Section 20.60.055, Heliports and Helistops. (K)-Special event perrnit required,.see Chapter 5.10 of the Municipal Code. (L): See Section 20.60.120, Personal Property Sales in Residential Districts. (M):Sea Section 20.60.125, Design Standards for Mobile Homes on Individual Lots. SECTION 6. Section 20.91.015 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.015 Use Permit, Variance, or Federal Exception Permit Requisite to Other Permits. No building permit or certificate of occupancy shall be issued in any case where a use permit variance, or Federal Exception Permit Is required by the terms of this code unless and until such use permit, variance or Federal Exception Permit has been granted by the Planning Director or the Planning Commission or by the affirmative vote of the City Council on appeal or review and then only in accordance with the terms and conditions of the use permit, variance or Federal Exception Permit granted. $gCTION 7. Section 20.91.020 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.020 Application for Use Permit, Variance, or Federal Exception Permit An application for a use permit, variance, or Federal Exception PenTA shall be filed In a manner consistent with the requirements contained in Chapter 20.90, Application Filing and Fees. SECTION P. Section 20.91.025 of the Newport Beach Municipal Code is hereby amended to read In its entirety as follows: 20.91.025 Duties of the Planning Direetor and the Planning Commission. A. Authority. The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits, variances and Federal Exception Permits, unless the authority for an administrative decision on a use permit is specifically assigned to the Planning Director in the individual chapters of this code. to Exception. The City Council shall have final decision- maldng authority on the applications for use permits, variances and Federal Exception hermits filed concurrently with amendments to the general plan, zoning code, or a planned community development plan or with a development agreement. B. Rendering of Decision. After the conclusion of the hearing on any application for a use permit, variance or Federal Exception Permit, the Planning Commission shall. render a decision within thirty -five (35) days. Where the authority for an administrative decision on a use permit is assigned io the Planning Director, the Planning Director shall render a decision within fourteen (14) days of the acceptance of a completed application. C. Report to the Planning Commission. Upon rendering a decision on a use permit, the Planning. Director shall report to the Planning Commission at the next regular meeting or within fourteen (14) days of the decision, whichever is appropriate. D. Notice of Decision. Upon the rendering of a decision on a use permit by the Planning Director, a notice of the decision shall be mailed to the applicant and all owners of property within three hundred (300) feet of the boundaries of the site. SECTION 9. Section 20.91.030 of the Newport Beach Municipal Code is hereby amended to read in its entirety as follows: 20.91.030 Notice and Public Hearing. A. Public Hearings. The Planning Commission shall hold .a public hearing on an application for a use permit, variance, or Federal Exception Permit. Public hearings are not required for applications where the authority for an administrative decision on a use permit is assigned to the Planning Director. B. Timing of bearings. A public hearing shall be held on all use permit, variance, and Federal Exception Permit applications, except as otherwise provided in this chapter, within sixty (60) days after the acceptance of a completed application. C. Required Notice. Notice of a public hearing or an administrative decision shall be given as follows: 1. Mailed or Delivered Notice. a. Residential Districts. At least ten days prior to the hearing or an administrative decision, notice shall be mailed to the applicant and all owners of property within three hundred (300) feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain ' The Planning Commission shall have the authority to initially review and approve or deny an application for a Federal Exception Permit regardless of whether this code specifically provides for a Federal Exception Permit under those conditions when otherwise required by state or federal law. E ((o and provide to the City the names and addresses of owners as required by this section. b. Nonresidential Districts. At least ten days prior to the hearing or an administrative decision, notice shall be mailed to the applicant and all owners of property within three hundred (300) feet, excluding intervening rights- of-way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall -be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. 2. Posted Notice. Notice shall be posted in not less than two conspicuous places on or close to the property at least ten days prior to the hearing or the administrative decision. 3. Published Notice. Notice shall be published in at least one newspaper of general circulation within the City, at least ten days prior to the hearing. D. Contents of Notice. The notice of public hearing or of the decision of the Planning Director shall contain: A description of the location of the project site and the purpose of the application; 2. A statement of the time, place, and purpose of the public hearing or of the purpose of the administrative decision; 3. A reference to . application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard at the planning hearing and an explanation of their rights of appeal in the case of an administrative decision. E. Continuance. Upon the date set for a public hearing before the Planning Commission, the Planning Commission may continue the hearing to another date without giving further notice thereof If the date of the continued hearing is announced in open meeting. SECTION 10. Section 20.91.035 of the Newport .Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Permits. 20.91.035 Required Findings. The Planning Commission or the Planning Director, as the case may be, shall approve or conditionally approve an application for a use permit, variance, or Federal Exception 10 1� Permit if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or the Planning Director finds: A. For Use Permits. I. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located; 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the general plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city, 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. S. For Variances. 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 2. The granting of the application Is necessary for the preservation and enjoyment of substantial property rights of the applicant; 3. The granting of the application is consistent with the purposes of this code and well not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district; 4. The granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. C. For Federal Exception Perrnits2.l.The Federal Exception Permit sought is handicapped - related. 2A `Federal Exception Permit" is the name of the permit and application process necessary to obtain a `reasonable accommodation' as that term is used in the Federal Fair Housing Act Amendments THAA) and the case law Implementing the FHAA. The application for a Federal Exception Permit shall be approved unless there is substantial evidence in the administrative record that establishes that one or more of the findings for approval cannot be made. Federal 11 1 to I 2. The living group is not residing in the Dwelling or Dwellings as a Single Housekeeping Unit. 3. The Federal Exception Permit, if approved, would not require a fundamental alteration in the nature of a municipal program nor impose an undue financial or administrative burden on the City. . To the extent authorized by law, the factors the Planning Commission or the City Council on review or appeal may. consider in deciding whether to grant a Federal Exception Pennitinclude, but are not necessarily limited to: (i) whether the nature and /or extent of vehicular traffic, such as the frequency or duration of trips by commercial vehicles, would be altered to a such an extent that it would be contrary to, or violate, any relevant provision of the Newport Beach Municipal Code if the Federal Exception Permit was approved; or (ii) whether development or use standards established in the Newport Beach Municipal Code and that are applicable to other residential uses in the neighborhood would be violated; or (ill) whether a Campus would be established in a residential zone if the Federal Exception Permit were granted; SECTION 11. Section 20.91.040 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C relating to Federal Exception Perrnits. 20.91.040 Conditions of Approval. The Planning Commission or the Planning Director, as the case may be, may Impose such conditions to connection with the granting of a use permit, variance, or Federal Exception Permit as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. Such conditions may include requirements for off- street parking facilities and prohibitions against assembly uses as detenrked in each case. The following conditions shall be imposed upon the issuance of any Federal Exemption Permit A. The pern'ittee shall limit overnight occupancy of the Dwelling Units(s) to no more than the number of occupants permitted by the provisions of Title. 15 of the Newport Beach Municipal Code. B. The permittee shall use best efforts to ensure that the occupants do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. Exemption Permits are subject to the enforcement provision contained in Chapter 20.96. 12 IMP C. The permittes shall, upon notification that occupants and/or guests have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this Code or law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly use best efforts to prevent a recurrence of such conduct. D. The permittee shall use best efforts to ensure compliance with all the provisions of Tide 6 of the Municipal Code (garbage, refuse and cuttings). E.. The pem ttee shall past, in a conspicuous place within the dwelling unit, a copy of this permit and/or the operational rules specified in this Section. SECTION 12. Section 20.91.045 of the Newport Beach Municipal Code Is hereby amended by adding a new subsection C relating to Federal Exception Permits. 20.91.045 Effective Date. Use permits, variances, and Federal Exception Permits shall not become effective for fourteen (14) days after being granted, and In the event an appeal is filed or if the Planning Commission or the City Council shall exercise its right to review any such decision under the provisions of Chapter 20.95, the permit shall not become effective unless and unfit a decision granting the use permit, variance or Federal Exception Permit is made by the Planning Commission or the City Council. SECTION 13. Section 20.91.050 of the Newport Beach Municipal Code is hereby amended by adding a new subsection C. relating to Federal Exception Permits. 20.91.050 Expiration, Time Extension, Violation, Discontinuance, and Revocation. A. Expiration. Any use permit, variance, or Federal Exception Permit granted in accordance with the terms of this code shall expire within twenty -four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless: A grading permit has been issued and grading has been substantially completed; or 2. A building permit has been issued and construction has commenced; or 3. A certificate of occupancy has been Issued; or 4. The use is established; or 5. A time extension has been granted. In cases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal permit. 13 ib B. Time Extension. The Planning Director may grant a time extension for a use permit, variance, or Federal Exception Permit for a period or periods not to exceed three years. An application far a time extension shall be made in writing W the Planning Director no less than thirty (30) days or more than ninety (90) days prior to the expiration date. C. Violation of Terms. Any use permit, variance, or Federal Exception Permit granted in accordance with the terms of this code may be revoked if any of the conditions or terms of such use permit, variance or Federal Exception Permit are violated, or if any law or ordinance is violated in connection therewith. D. Discontinuance. A use permit, variance, or Federal Exception Permit shall lapse If the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96, Enforcement. SECTION 14. Section 20.91.055 of the Newport Beach Municipal Code is hereby amended relating to Federal Exception Permits. 20.91.055 Amendments and New Applications. A. Amendments. A request for changes in conditions of approval of a use permit, variance, or Federal Exception Permit or a change to plans that would affed a condition of approval shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor, do not Involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New Applications. If an application for a use permit, variance, or Federal Exception Permit is disapproved, no new application for the same, or substantially the same, use permit, variance or Federal Exception Permit shall be filed within one year of the date of denial of the Initial application unless the denial is made without prejudice. SECTION is. Severability . If any provision or clause of this Chapter or the application thereof is held unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, clauses or applications of this Chapter which can be implemented without the invalid provision, clause or application, it being hereby expressly hereby declared that this ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, adapted, and /or ratified irrespective, of the fact that any one or more sections, subsections, sentences, clauses, and /or phrases be declared invalid or unconstitutional. SECnON 16: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the offidal newspaper within fifteen (15) days after its adoption. 14 l 1, This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14t day of September, 2004, and adopted on the 28"' day of September, 2004, by the following vote, to-wit AYES, COUNCILMEMBERS Heffernan, Rosansky, Bromberg, Webb, Daigle, Mayor Ridgeway NOES, COUNCILMEMBERS Nichols ABSENT, COUNCILMEMSERS MAYOR WAZIM 1$ 4 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the .City Council is seven; that the foregoing ordinance, being Ordinance No. 2004.16 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Couna duly and regularly held on the 28th dsY of September 2004; and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Bromberg, Webb, Daigle, Mayor Ridgeway . Noes: Nichols Absent: None Abstain: . None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of September 2004. (Seal) i City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA }. COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby . certify that Ordinance No. 2004.16 has been duly and regularly published according to law and the order, of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: October 2, 2004. In witness whereof, I have hereunto subscribed my name this day of 2004. City Clerk City of Newport Beach, California 1� rTa rn 1 PtIBLIC HEARINGS - 75.A. AMENDMENT TO THE 2003 -2004 CONSOLIDATED PLAN ANNUAL ACTION PLAN AND REALLOCATION OF 2003 -2004 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Legal Notice published in the Oranoe County Redet_sr on January 15, 2004. Staff presentation by John Reekstin, Executive Director,_ Community Development Agency - none blic Hearing: Bob Burnham thanked the Council for its support for the` drug court program: pubic hearing dosed. M n: 1. Approve an amendment to the Consolidated Plan Annual Action plan for fiscal year 20032004 2. Authorize the City Manager to submit the amended 2003-2004 Action Plan to the Unitd States Department of Housing A Urban Development 3. AGMT NO. 2004 -M — Authorize the City Manager to execute the subrocipiaW agreement with the National Council on AlcohoUW and Drug Dependence of Orange County In an amount n to exceed $111,043.75 MOTION: Nva, VOTE: AYES: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) NOES: None (0) ABSTAIN: Norse (0) ABSENT: None (0) COUNCIL RECESSED TO THE JOINT SESSION BETWEEN THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY AT 6:24 P.M. . MISCELLANEOUS ADMINISTRATON 19.13. ACQUISITION OF LEASEHOLD & BUSINESS INTERESTS AND LICENSE AGREEMENTS WITH VINCI INVESTMENTS, INC. FOR CfTY COUNCL MIAUTES 77 MARCH 15.2004 �Z 0 L MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SANTA ANA, CALIFORNIA MARCH 15, 2004 CALL TO ORDER CITY COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTAANA, CALIFORNIA 6:13 P.M. . ATTENDANCE: Councitmembers present MIGUEL PULIDO BRETT E. FRANKLIN CLAUDIAALVAREZ LISA BIST ALBERTA CHRISTY MIKE GARCIA JOSE SOLORIO PLEDGE OF ALLEGIANCE STAFF Present: DAVID N. REAM, City Manager, JOSEPH W. FLETCHER, CityAttomey PATRICIA E. HEALY, Clerk of the Council MAYOR PULIDO INVOCATION Warren Johnson, Police Chaplain CONSENT CALENDAR Mayor Pulido announced the fa0owing modifications to the Consent Calendar. • Counc ilmember Christy abstained on Item 11.A. • Counclimember Christy requested that item 20.C. be pulled for separate discussion • Councilmember Bist requested that item 22.C. be pulled for separate discussion • Coundimember Solorio requested that item 23.A. be pulled for separate discussion • Mayor Pro Tom Franklin requested that item 25.E. be pulled for separate discussion • Addition of Closed Session Report, Item 19.A. Motion: Approve staff recommendations on the following Consent Calendar ROM. MOTION: Alvarez VOTE: AYES: CITY COUNCIL MINUTES SECOND: Bist Alvarez, Bist, Christy, Franklin, Garda, Pulido, Solodo (7) 59 MARCH 15.2004 72 STCM 2 CDBG 2003 -2004 APPLICATION FORM ORGANIZATIONAL INFORMATION A. Organization Name: National Council on Alcoholism and Dma Dependence- Oranae Cou—nW INCADD -OC) B. Is organization affiliated with a religious institution? Yes No x C. Name of program if different from organization: Drug Court Foundation of Orange County — a project of NCADD -OC D. 1. Business Office Address: 1631_ North Bristol, Suite 300. Santa Ana, CA 92206:. 22471 Asp-an Street Suite 103 take Forest CA 92630 2. Locatlon(s) where program services are to be provided: North Justice Center, 1278 North BeAwlev Avenue. Fullerton, CA 928324288: West Justice Cerrter 814113"' E. F. gmft ,Westminate .CentraLJlustice Center. 700 Civic C WAr Drive West, Santa Ana, Contact Person. Kathleen Burnham Title: Director, Drug Court Foundation Daytime Telephone: (949) 494447: Cell (9M 077 -0002 FAX: (949) 494 -6369_ authorized to sign agreement: Name: Cant McNiff: - Title: Exagglive Director of NCADD -OC Name: Kethiean-Sumham Title: Director of the Date of Incorporation: July 22, 1957 State: California FedereLTax ID #: 954970946 Attach a copy of your IRS non-profit designation letter (provided as Attachment #1). ONLY NON - PROFIT ORGANIZATIONS IN GOOD STANDING WITH THE STATE OF CALIFORNIA AND IRS WILL BE CONSIDERED 1. Evidence of permitted use: Attach evidence that your organization's use of properties, listed above in D1 and 132, are permitted by the City's zoning code (provided as Attachment 02). Appropriate evidence includes copy of 1) Certificate of Occupancy, 2) Business License, or 3) equivalent proof of approval to conduct your activities at the designated site. V. STAFFIORGANIZATION QUALIFtCAMNS in the space below, describe your organization and explain how your professional qualifications will help carry out the proposed program. I. Program StafF. a. List by name and title each staff whose time will be dedicated to the proposed program indicating how much time (100%, 50%, etc) will be spent by each on activity for which funding Is requested. b. Supply academic credentials and/or relevant experience of each staff member listed in "a: including the length of time they he" worked in this program. C. For each staff member listed in V for whom you are requesting funding, indicate to what Went he or she are employed in outside endeavors (Trot under this organization). PROGRAM STAFF Ms Burnham has more than three years experience working with the Drug Court Program and is currently providing some of the proposed services as a volunteer. Ms. Burnham has a certificate in Drug and Alcohol counseling and has attended numerous seminars relevant to the Drug Court Program. Ms. Burnham will personally provide Support Services with the exception of voluntsersftntems from participating Community Colleges that will be trained to help participants select classes that satisfy Drug Court requirements and assist them with enrollment, registration, counseling opportunities and financial aid information. Me Burnham will also utilize the wide - ranging resources avails through NCADD -OC. The Director will devote appro)dmatey 30 hours a creek to provide Support Services and will have no other employment or contractual relationship. Grant McIW, the Executive Director of NCADD -OC will devote approodmately fire percent of his time to the Foundation but this time will not be compensated with grant funds. Ms. Burnham will work in cooperation with the Drug Court Coordinators to identify the speaFic needs for each of the We adult Drug Courts and will attend Drug Court Team meetings to better understand how the Foundation can be of assistance to the Drug Court Program and participants. VIII. BUD-0 T 1. If this is an EX137ING program that Santa Ana has funded with CDBG, provide budget information for the'cunent (2002-2003) and previous (2001-201)2) years expenditures. Information should include amount of CDBG provided, categories for which funding was utilized, the percentage of total program costs funded by CDBG, and if all funds were expended within the respective 12 -month period. Provide each year's information in the space below. NOT APPLICABLE 2. For ALL proposals, provide your projected program budget utit dng the format in Attachmentft If your proposed budget includes CDBG funds for staff salaries, complete and submit Attachment M. The Foundation is a recently created project of NCADD. The Foundation was created to take advantage of the experience of Ms. Burnham in providing services to participants and with a view to ensuring that virtu* all of the funds granted or donated would be used to provide services rather than administrative expenses. Accordingly, the budget is somewhat unique in that common expenses — such as rent and administrative support - are shown as part of the budget but will be donated as ln-land° contributions to the Foundation. NCADD -OC will use no more titan 10% (less if the actual cost is less) of funds to reimburse the actual cost of providing Insurance and legal, accounting and auditing services. In addition to this application, NCADD- based on receipt of CDBG grants from Santa Ana and Orange.. However, NCADD and the Foundation commit to providing all of the services to Santa Ana residents that are described in this application if Santa Ana approves the funding requested in this application and NCADD does not receive funding from other sources (such as Orange). 3/3 Sicrft 3 T Date Received STATEMENT OF ECONOMIC -E� i ED or� COVER PAGE Please type or print in ink A Public DOCume Si SEP ZU P4:15 NAME (LAST) (FIRSTi (M E,,) �� DAYTIME TELEPHONE WUSER ECfF/��f1RTY MAIUNG ADDRESS STREET CITY STATE ZIP CODE OPTIONAL FAX I E—MAIL ADDRESS (May be business addr ) . Iz11 r Lid IV z45 1. Office, Agency or Court Name of Office, Agency or Court: G 1 &aW_ V1,7< �L N Division, Board, District, it applicable: asr Your Position: C_ (may ±=TMA �+ If filing for multiple positions, list additional agency(iesy position(s): (Attach a separate sheet if necessary.) Agency: Position: 2. Jurisdiction of Office (Cheat at least one box) 0 State 0 County of 0 City of Newport Beach 0 MutO-county A 3. Type of Statement (Check at km one box) 0 Assuming Officelinitial Date: --- J__J_ 0 Annuat The period covered is January 1, 2003, through December 31, 2003. Q�ihe period covered is _1J_, through •''` December 31; 2003. �/ �eaving Office Date Left: 1_ /V7_1b 0 (Check one) • The period covered is January 1, 2003, through the date of leaving office. -or- /�[J O The period covered is —� l� —, through the date of leaving office. 4. Schedule Summary (Check applicable schedules or -No reportable interests.? During the reporting period, did you have any reportable interests to disclose on: Schedule A -1 0 Yes - schedule attached Inveatments a," men 10% D.w Mw) Schedule A-2 0 Yes - schedule attached Investments (tok mmeakr Owne MW Schedule B 0 Yes - schedule attached. Real Property Schedule C 0 Yes - sededute attached lrtmme 6 Business Pos*ona gnraae cow men a ran, eed n w4 lf=M - Loans Schedule E _zYes - schedule attached Income - Gilts Schedule F [] Yes - schedule attached income - Traver Payments -or- No repo m eves on any schedule Total number of pages completed including this 5. Verification I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. 1 certify under penalty of perjury underthe laws of the State of California that the foregoing Is true and correct Date Signed Signature L. 1W .0w suLement an Y. rrm efl daL) rft FPPc Form 700 (200312004) FPPC Toll -Free Haiplino: MIASK -FPPC /2. SCHEDULE E Income — Gifts > NAME OF SOURCE L %ref l`DL( 51)10tO ADDRESS (35&b A26Q)41--� �I BUSINESS ACTMTY, IF ANY. OF SOURCE OAT (mi�nVddd / /yyy)y). V ALUE OESCR PT 014 OF GIFT(S) S % k7A21 ! /P� J__.1 a > NAME OF SOURCE ';Fg/ s 9N 0/ty �P e-P,w DAAA(jTT//E��( //m))))((//Wddd/yy) VALUE /{ / /DEESS/♦CJY�RIIPPT!TTIION OF JLJ —LJei /LID `:�C{-L.— J__J a J_._J_ a BUSINESS ACTIVITY, IF ANY. OF SOURCE DATE (mmlddlyy) VALLEE, DESCRIPTION OF GIFT(S) W/6N Comments: > NAME OF SOURCE ADDRESS BUSINESS ACTIVIT Y, IF ANY. OF SOURCE DATE (mm/ddlyy) VALUE DESCRIPTION OF GIFT(S) JJ— $ J—J_ a J—J_. S > NAME OF SOURCE BUSINESS ACTIVITY, W ANY. OF SOURCE DATE (mm/ddlyy) VALUE DESCRIPTION OF GIFT(S) _J —I— S J—J T .JJ— S > NAME OF SOURCE ADDRESS BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mmlddlyy) VALUE DESCRIPTION OF GIFT(S) JJ— s FPPC FOM 700 (400VA% Sob. E FPPC Toll -Free Helpline: BSS /ASK.FPPC 2 /7.. Date Received STATEMENT OF ECONOMIC INTERESTS wcio COVER PAGE ^� Please type or print in ink A Public Document NAME (LAST) (FIRST) (MIDDLE) f.9AY.11Mg ONEN(UA6ERL ' BURNHAM ROBERT H. 949 `. 644 -3131 MAILING ADDRESS STREET CITY SPATE DP CODE OPTIONAL FAX t EMAIL ADDRESS (May be ochre address) dxyatma@=ity.re4=t-beachca us 3300 NEK ORT BLVD. NEWPORT BEACH CA 92658 (949) 644 -3139 I. Office, Agency or Court Name of Office, Agency or Court CITY OF W30 T BEACH Division, Board, District if applicable: OFFICE OF THE CITY ATTORNEY Your Position: CITY ATTORNEY -+ If filing for multiple positions, list additional agency(ies)f position(s): (Attach a separate sheet if necessary.) Agency: Position: 2. Jurisdiction of Office'(check at feast one box) ❑ State ❑ County of ® City of Newport Beach ❑ Mufti- County ❑ Other Statement (check at least ❑ Assuming Officannitial Date: )® Annual: The period covered is January 1, 2003, through December 31, 2003. -or- �- Ie period covered is _/ through ❑ Leaving Office Date Left: ---/--J (Check one) • The period covered is January 1, 2003, through the date of leaving ofhce._ -or- • The period covered is J -1.V, through the date of leaving office. Candidate 4. Schedule Summary (Check applicable schedules or *No reportable interests.") �. During the reporting period, did you have any reportable interests to disclose on: Schedule A -t ❑ Yes - schedule attached investments (Lass man im owmame) Schedule A-2 ❑ Yes - schedule attached investments (IM erareakrOwnMabl Schedule B ❑ Yes - schedule attached Real property Schedule C ❑ Yes - schedule attached Income & Business Postians (ho oUW men L m g. can, ua TMWO Schedule D ❑ Yes - schedule attached income - Loans Schedule E ❑ Yes - schedule attached Income - GIRD - sTnoame - Travel Payments - -or (fit No reportable interests on any schedule completed including ihiscover p�ge: v 5. Verification i have used all reasonable diligence in preparing this statement I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I certify, under penalty of peryury underthe laws of the State of California that the foregoing is true and correct Data Signed March 4. 2004 (nme der. y"* Signature ,(Fite are wtslnW signed ah IMM "h jar WidWRI .I FPPC Form 700 (200312004) FPPC Toll -Free Helpline: SSSIASK•FPPC 1