HomeMy WebLinkAboutS22 - Ad Hoc Committee on Group Residential Legal ReviewCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. S22
September 11, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
9491644 -3002 or dkiff @dty.newport- beach.ca.us
SUBJECT: Resolution 2007 -_ Creating an Ad Hoc Committee on Group
Residential Legal Review
ISSUE:
How should the City Council address differing legal interpretations and legal risk
assessments relating to pending Group Residential Ordinances?
RECOMMENDATION:
Adopt Resolution 2007 -_ relating to the creation of the ad hoc Group Residential
Legal Review Committee, whose purpose shall be to review the qualifications of law
firms and make a recommendation to the Council to hire one firm to support
Council's review of ordinances relating to Group Residential Uses.
Appoint Council Members and to the ad hoc
Group Residential Legal Review Committee.
DISCUSSION:
In recent months, the City Council, the Planning Commission, City staff, residents,
certain businesses and others have discussed a series of changes to the City's codes
relating to group residential uses. These uses include, but are not limited to:
• Boarding and Lodging Houses
• Short-Term Lodging
• Residential Care Facilities, Large and Small, Licensed and Unlicensed
• Parolee- Probationer Homes
The City Attorney has hired outside counsel to assist in drafting proposed changes to
the Newport Beach Municipal Code (NBMC). Barbara Kautz and Polly Marshall of
Goldfarb & Lipman LLP have worked at the direction of the City Attorney on these code
changes. At the same time, a group of residents calling themselves the Concerned
Citizens of Newport Beach (CCNB) engaged the firm of Jackson Demarco Tidus
Ad hoc Committee on Group Residential Legal Review
September 11, 2007
Page 2
Pederson Peckenpaugh to both analyze Goldfarb & Lipman's work and to offer
alternative approaches and recommendations. In addition, input has been received
from legal representatives hired by Sober Living by the Sea, an operator of a number of
licensed and unlicensed alcohol and drug rehabilitation homes in the City.
The direction to the City Attorney from the City Council has been to determine changes
to the City's ordinances and zoning code that will allow for the maximum possible
regulation of group home residences consistent with State and Federal law, recognizing
that there are substantial limitations on the ability of municipalities to regulate the
activities of group homes for the disabled, and that changes must be non - discriminatory.
In view of the possibility that litigation may arise from the actions taken by the City, the
City Council will have to make prudent and informed judgments regarding the many
complex and competing legal issues involved that have created important issues of legal
interpretation of laws, regulations, case law and litigation risk assessment.
In view of the foregoing, it may be prudent for Council to hire special legal counsel to
review all the various interpretations, options, legal outcomes and risk assessments to
assure the most thorough possible deliberations prior to acting. In that regard, this
agenda item suggests the creation of an ad hoc committee on Group Residential Legal
Review to review the qualifications of various firms. The Committee would then make a
recommendation to the full City Council (if possible by the City Council's September 25,
2007 meeting) as to which firm to hire.
This agenda item also authorizes the Mayor to appoint three Council Members to the ad
hoc committee. Per Council Policy A -9 (attached), any Committee must be formed by
resolution of the City Council.
The Committee would be disbanded at the later of December 31, 2007 or upon adoption
of the new Group Residential Use ordinances.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item may be noticed according to the Brown Act (72 hours
in advance of the public meeting at which the City Council considers the item).
Submitted by:
Dave Kiff
Assistant City Manager
Attachments: Resolution 2007 -
Council Policy A -9
W4
Ad hoc Committee on Group Residential Legal Review
September 11, 2007
Page 3
RESOLUTION 2007-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
FORMING THE CITY COUNCIL AD HOC COMMITTEE
ON GROUP RESIDENTIAL LEGAL REVIEW
WHEREAS, the City of Newport Beach is considering the adoption of new
ordinances relating to Group Residential Uses; and
WHEREAS, Group Residential Uses include boarding and lodging houses, short
term lodgings, group care facilities, and related uses; and
WHEREAS, the City Council seeks the advice of qualified special legal counsel
to advise Council on these matters; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby
creates the Ad Hoc Committee on Group Residential Legal Review, with the following
duties and requirements:
1. To identify and interview qualified legal firms that may, upon hiring, advise
the City Council as to issues related to Group Residential Use ordinances upon which it
is deliberating; and
2. To recommend a firm or firms to the full City Council to be hired; and
3. The Committee shall consist of three members of the Newport Beach City
Council; and
4. The Committee's term shall expire at the later of December 31, 2007 or upon
such time as the City Council adopts new Group Residential Use ordinances.
ADOPTED this 11" Day of September, 2007.
SIGNED:
Steve Rosansky, Mayor of Newport Beach
3
Ad hoc Committee on Group Residential Legal Review
September 11, 2007
Page 4
ATTEST:
LaVonne Harkless, City Clerk
q
Ad hoc Committee on Group Residential Legal Review
September 11, 2007
Page 5
AD HOC COMMITTEE ON GROUP RESIDENTIAL LEGAL REVIEW
AUTHORIZATION: Established by Resolution No. 2007 -_ adopted on
September 11, 2007.
MEMBERSHIP: Three members of the City Council.
TERM: The later of December 31, 2007 or the adoption of new
Group Residential Use ordinances.
PURPOSE &
RESPONSIBILITIES:
1. To identify and interview qualified legal firms that may,
upon hiring, advise the City Council as to issues related to
Group Residential Use ordinances upon which it is
deliberating; and
2. To recommend a firm or firms to the full City Council to
be hired for these purposes.
5
FROM FAX NO. : 7145438946 Sep. 10 2007 09:26RM P2
Leiter regarding Draft Code Amendment
SANov 6EKrIotj
No. 2007 -any
Address
"RECEIV -D AFTER AGENDA page t
September 3, 2007
MI�1TED:" � • - 0
Name & Signature
To Newport Beach City Council members: Mayor Rosanski, Mayor Pro Tem
Selich, and Councilmembers Curly, Daigle, Gardner,
Henn, Webb
Planning Commission Chair Hawkins, and Planning Commissioners
Name & Signature
As Corona del Mar residents,
we support the strict regulation of group -home
use
to preserve the residential and small town character and
quality of life for
residents, businesses, visitors, and the entire neighborhood.
Name & Signature
We request you to consider and include the following in the existing Newport
Beach Draft Code Amendment No.
2007.005, including:
i�af/�«�ius,eDrrr
End pverconcentration and institutionalization of 'group homes' and residential
treatment centers in coastal neighborhoods.
Name & Signature
• Require Conditional Use Permits and business licenses, and establish
distancing requirements between facilities.
• Do not allow group homes licensed for drug and alcohol treatment within
V i i �L , e0m
1,000 feet of a drinking or eating establishment.
No moratorium extension: Enact good regulations, and no grandfathering of
existing facilities which are non - compliant.
_
Facility licensing: Accurate classification of integral facilities, with no loopholes
r-o
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for six and under licensed facilities.
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Parking: Enforce existing residential parking standards for all new group homes',
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No grandfathering of non - compliant parking, for new uses.
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Enforcement; Provide sufficient police and code enforcement staff for timely, 24
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x 7 response to resident and business concerns.
iT
Thank you for your attention to this matter.
Sincerely,
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FROM : FAX NO. : 7145438946 Sep. 10 2007 09:27RM P3
Letter regsrding Draft Code Amendment No. 2007.,,
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FROM : FAX NO. : 7145438946
Letter regarding Draft Code Amendment No. 2007.005
September 3, 2007
Sep. 10 2007 09:27RM P4
Page 1
To Newport Beach City Council members: Mayor Rosanski, Mayor Pro Tem
Selich, and Councilmembers Curry, Daigle, Gardner, Henn, Webb.
Planning Commission Chair Hawkins, and Planning Commissioners
As Corona del Mar residents, we support the strict regulation of group -home use
residents, ts, the residential and small town character and quality of life for
re businesses, visitors, and the entire neighborhood.
We request you to consider and include the following in the existing Newport
Beach Draft Code Amendment No. 2007.005, including:
End overconcentration and institutionalization of `group homes, and residential
treatment centers in coastal neighborhoods.
• Require Conditional Use Permits and business licenses, and establish
distancing requirements between facilities.
• Do not allow group homes licensed for drug and alcohol treatment within
1,000 feet of a drinking or eating establishment.
No moratorium extension: Enact good regulations, and no grandfathering of
existing facilities which are non - compliant.
Facility licensing: Accurate classification of integral facilities, with no loopholes
for six and under licensed facilities.
Parking: Enforce existing residential parking standards for all new group homes.
No grandfathering of non - compliant parking, for new uses.
Enforcement: Provide sufficient police. and code enforcement staff for timely, 24
x 7 response to resident and business concerns.
Thank you for your attention to this matter
Sincerely,
1
Name & Signature
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FROM : FAX NO. : 7145438946 Sep. 10 2007 09:28RM PS
Letter regarding Draft Code Amendment No. 2007.003
Page 7
September 3, 2007
To Newport Beach City Council members: Mayor Rosanski, Mayor Pro Tem
Selich, and Councilmembers Curry, Daigle, Gardner, Henn, Webb.
Planning Commission Chair Hawkins, and Planning Commissioners
As Corona del Mar residents, we support the strict regulation of group -home use
to preserve the residential and small town character and quality of life for
residents, businesses, visitors, and the entire neighborhood.
We request you to consider and include the following in the existing Newport
Beach Draft Code Amendment No. 2007 -005, including:
End overconcentratiion and institutionalization of 'group homes' and residential
treatment centers in coastal neighborhoods.
• Require Conditional Use Permits and business licenses, and establish
distancing requirements between facilities.
• Do not allow group homes licensed for drug and alcohol treatment within
1,000 feet of a drinking or eating establishment.
No moratorium extension: Enact good regulations, and no grandfathering of
existing facilities which are non - compliant.
Facility licensing: Accurate classification of integral facilities, with no loopholes
for six and under licensed facilities.
Parking: Enforce existing residential parking standards for all new group homes.
No grandfathering of non - compliant parking, for new uses.
Enforcement: Provide sufficient police and code enforcement staff for timely, 24
x 7 response to resident and business concerns.
Thank you for your attention to this matter.
Sincerely,
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FROM FAX NO. : 7145438946 Sep. 10 2007 09:28RM P6
Letter regarding Draft Code Amendment No 206714nt
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FROM FAX NO. : 7145438946 Sep. 10 2007 09:29RM P7
Rettej.regarding Draft Code Amendment No. 2007 -005 Page 1
September 3, 2007
To Newport Beach City Council members: Mayor Rosanski, Mayor Pro Tern
Selich, and Councilmerpbers Curry, Daigle, Gardner, Henn, Webb.
Planning Commission Chair Hawkins, and Planning Commissioners
As Corona del Mar residents, we support the strict regulation of group -home use
to preserve the residential and small town character and quality of life for
residents, businesses, visitors, and the entire neighborhood.
We request you to consider and include the following in the existing Newport
Beach Draft Code Amendment No. 2007 -005, including:
End overconcentration and institutionalization of `group homes' and residential
treatment centers in coastal neighborhoods.
• Require. Conditional Use Permits and business licenses, and.establish
distancing requirements between facilities.
• Do not allow group homes licensed for drug and alcohol treatment within
1,000 feet of a drinking or eating establishment.
No moratorium extension: Enact good regulations, and no grandfathering of
existing facilities which are non - compliant.
Facility licensing: Accurate classification of integral facilities, with no. loopholes. .
for six and under licensed facilities_
Parking: Enforce existing residential parking standards for all new group homes.
No grandfathering of non - compliant parking, for new uses.
Enforcement: Provide sufficient police and code enforcement staff for timely, 24
x 7 response to resident and business concerns.
?'hank you for your attention to this matter.
Sincerely,
1
Name & Signature
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