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HomeMy WebLinkAbout15 - Council PrioritiesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 October 28, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Homer Bludau, City Manager 9491644 -3000 or hbludau @city.newport- beach.ca.us SUBJECT: Council Review of Staff Status Progress Report on Six of the City Council Priorities for 2008 ISSUE: Does the City Council have any comments regarding the status reports on the six Council priorities reported on by staff? RECOMMENDATION: Review and comment, as needed. DISCUSSION: Background: On Saturday, January 12`h, the City Council held a special Council meeting in the Friends Room of the Central Library to determine its priorities for 2008. Prior to the meeting, each Council member independently nominated three priorities for priorities consideration. During the special meeting, each Council member shared their reasoning for nominating their three issues. Since there was strong consensus, it did not take the City Council long to determine its 12 priorities for the 2008 year. In order to ensure as much progress was made on these 12 priorities as soon as possible, the City Manager agreed to recommend key actions steps and schedules for meeting the key action steps in order to better manage our work on Council's priorities, and then to make reports on six of the priorities each month, starting in March. The Council approved his recommendations with some minor changes at its February 12`h Council meeting. This is the seventh status report of the year. The six priorities being reported on in no particular order are as follows: City Council Priorities October 28, 2008 Page 2 • Move forward with the planning, processing and construction of a new city hall. • Regularly update the Facilities Financing Plan (FFP) and implement the planning, financing and construction of the identified projects. • Implement new group residential ordinances; work at the State and Federal levels to allow local government greater ability to regulate secondary effects on an overconcentration of group homes. • Prepare and implement a Water Quality Master Plan (WQMP) that addresses and prioritizes our water quality needs into the future. • Institute an organizational performance improvement effort through data gathering and the identification of service benchmarks to measure organizational effectiveness • Conduct an appraisal of the Banning Ranch property and assess funding available for the purchase of the property for open space Additional status reports will be provided at the second Council meeting of each month for the remainder of the calendar year. The format used for the status reports is a simple one. If Council members have suggestions for different reporting formats, the City Manager is open to that. These status reports will always be placed on the Consent Calendar, which will provide Council the opportunity to pull the item and discuss any or all of the six priorities being reported on. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Council considers the item). Submitted by: kw4l�vv- Z-- - HOMER L. UDAU City Manager Attachments: 2008 Council Priorities Indicator Tracker City of Newport Beach 2008 Council Priorities Indicator Tracker Seventh Report Date published: October 28, 2008 Presented by: Homer L. Bludau MOVE FORWARD WITH THE PLANNING, PROCESSING AND CONSTRUCTION OF A NEW CITY HALL Objective Council decides city hall location on February 26, 2008 Accomplished on February February 26'h 26'" Council determines architect selection March 11, 2008 Accomplished on March 111°; process Committee appointed on 25th Geotechnical consultant retained March 11, 2008 Accomplished on March 11'h Selection process and decision on March 25, 2008 Deferred until completion of Contract Program Manager architect selection Staff update of city hall needs assessment, March 25, 2008 To be determined by Building review with Council Committee Traffic consultant retained April 8, 2008 Preliminary analysis submitted to the City Council on May 13'h, became part of General Design Parameters Architect RFQ due to City Hall Design May 19, 2008 51 firms submitted Committee qualifications by the deadline Council selects architect finalists June 24, 2008 Five firms selected at June 20 Council meeting Design submissions by architects due September 19, 2008 Five firms presented Concept Plans to the Design Committee on Saturday, September 27, 2008. Conceptual development/public outreach November 12, 2008 Public outreach underway, completed with models and display boards at various city locations. Two more public meetings held after the 9 -27 presentation meeting. j Program running on NBTV. City Council approves concept plan November 25, 2008 City Council approves PSA with architect November 25, 2008 EIR process begins November 26, 2008 — April 2009 Schematic design phase April — September 2009 Design development phase October 2009 — January 2010 Construction document phase February — June 2010 Objective Target Action Construction prequalification / July — August 2010 bidding Under construction September 2010 — January 2011 FF &E/move in completed March 2012 Comments: The City Hall Design Committee is working on its draft final report to the City Council, and intends to submit that draft on or about November 12, 2008, asking for comments from the Council on the draft at that time. REGULARLY UPDATE THE FACILITIES FINANCING PLAN (FFP) AND IMPLEMENT THE PLANNING, FINANCING AND CONSTRUCTION OF THE IDENTIFIED PROJECTS Objective Target Action Council Finance Committee reviews FFP March 15, 2008 We have not met with the cost estimates, scheduling and revenue June 30, 2008 Council Finance Committee assumptions; discusses potential funding October 15, 2008 pending decisions by the City options for initial projects; and makes Council on major facilities, recommendations to Council as including OASIS funding and appropriate City Hall. Council Finance Committee makes April 22, 2008 The Council Finance recommendations to Council regarding Committee is meeting on space needs analysis for FFP projects November 6, 2008, to begin the decision process for the first debt issuance. Council Finance Committee's May 13, 2008 It is anticipated that Finance recommendations come to Council for Committee recommendations decision on space needs analysis for FFP for the first debt financing will projects come to the City Council after the beginning of the new calendar year. Comments: The Facilities Financing Plan will be continually updated as the cost and scope of projects such as OASIS, Marina Park, City Hall and Sunset Ridge are known. The Sunset Ridge Park concept will be coming to the City Council for final approval in June; the next step will be to proceed with design. After the preliminary design has been approved by the City Council, the Council Finance. Committee will look at the timing and financing needs of both the OASIS and Sunset Ridge Park projects and make recommendations to the City Council regarding financing alternatives. 4 IMPLEMENT NEW GROUP RESIDENTIAL ORDINANCES; WORK AT THE STATE AND FEDERAL LEVELS TO ALLOW LOCAL GOVERNMENTS GREATER ABILITY TO REGULATE SECONDARY EFFECTS OF AN OVERCONCENTRATION OF GROUP HOMES Objective Target Hold public hearings and adopt new Group January 22, 2008 Accomplished Residential Ordinances, set forth new qualifications for Hearing Officers via new Council Policy (F -26) Issue Request for Proposals for Hearing February 2008 Completed Officers Develop new Use Permit application for February 2008 Completed Group Residential Uses Determine all existing legal, non- February-March 2008 Completed conforming uses in residential districts; notify all property owners/occupants who may need to apply for Group Residential Use Permits Obtain budget amendment (contract March 2008 Budget concerns addressed. planners, legal counsel, hearing officers, more) and proposed changes to Code and Water Quality Enforcement Division Seek out and retain contract planners to March -April 2008 Three firms selected. begin review of Use Permits Legal Defense of Ordinance Ongoing In mid -May 2008, Judge James Seine denied most of a preliminary injunction by SLBTS to block the Ordinance's implementation — Selne did block the "integral facilities/uses" portion of the Ordinance from taking effect Use Permit Application Deadline _ May 22, 2008 29 applications representing 319 beds and 32 separate unitstaddresses were ...._...__.._ ...,_..._.— __._.,_ submitted at the deadline. ...... ..... .. Abatement proceedings. _._ ........ ....... .... — — -- ._._..........._._ May 23, 2008 _..__... --- _..- .._........ - - - - - --- On May 23, 2008, abatement letters sent out to about 18 facilities representing 220 - -- —...— - - -- —.. beds. _.. -- Schedule, prepare for and hold Use Permit - — . ... . ......... .......... ... .._.. ---. .......... August - October 2008 ...._-- ._..... - --- - -- ...._....-......._ - -- Applications under review for application hearings completeness — they came in various states. This process took significantly longer than expected. Objective Follow -up on Use Permit condition March - December 2008 Not yet started, since no UPs adherence and ongoing have been issued. Staff all appeals, requests for reasonable March - September 2008 Three firms selected to serve accommodation, requests for time as contract planning staff. extensions of abatement periods Bi- monthly reports to the City Council Every 2 months through This report is part of December 2008 and accomplishing this task. ongoing Involve the City and its governmental Ongoing City asked Governor advocate in State Legislative efforts to give Schwarzenegger to veto SB localities greater local control to mitigate 992, and he did. the adverse impacts of an over Councilmember Henn made a concentration of group homes. presentation at the League of Cities conference, and the League also passed a resolution urging further regulation of group recovery homes. The City declared its opposition to Proposition 5. Other items shown on Implementation Summarized here Plan (sent to City Council on January 22, 2008) Comments: The Group Residential Use process remains challenging for the City, as we try to protect the rights of the disabled to fair housing and to eliminate any adverse impacts from an over concentration of group homes, especially recovery facilities. On the Legal Front. Pacific Shores Recovery and Sober Living by the Sea (SLBTS) filed lawsuits against the City in California Superior Court that challenge the validity of Ordinance 2008 -05. In addition, Concerned Citizens of Newport Beach (CCNB), a group of area residents, also filed suit in Superior Court, asking for $250 million in damages and claiming generally that the City's ordinance did not go far enough to restrict group homes. The City moved to consolidate as many legal cases as possible in Federal court to achieve a rapid and cost -effective determination by the Court as to the implementation of Ordinance 2008 -05. In addition to the lawsuits, Pacific Shores Recovery and SLBTS both filed separate fair housing law complaints with the US Department of Housing and Urban Development (HUD), alleging discrimination by the City. These complaints have since been referred by HUD to the US Department of Justice. On May 12, 2008, Judge James Seine of US District Court heard a motion by SLBTS to enjoin the City from enforcing Ordinance 2008 -05. Judge Selna stayed a portion of the ordinance relating to "integral facilities." Seine's stay generally stated that he believed that the California Department of Alcohol and Drug Programs (ADP) was the only government agency entitled to decide if a licensed treatment facility was integrated or not. Selna allowed the rest of the Ordinance to go forward pending trial. As a result, about 80% of the recovery beds in the city remain subject (at least for now) to the Use Permit process described in the Ordinance. In early June 2008, the City initiated three -way mediation between the City, SLBTS and CCNB. The session lasted two days, and resulted in a "term sheet between the City and SLBTS. The term sheet has since been drafted into a Settlement Agreement and a Zoning Implementation and Public Benefit 0 Agreement. The terms of the proposed agreements have been presented to the Council at a public meeting and to several community organizations. We expect the Planning Commission to hold the first of the three public hearings on these agreements in November 2008. No settlement was reached with CCNB; however, CCNB has dismissed its lawsuit against the City. Use Permits. At the same time, contract City staff is reviewing the 29 applications representing 319 beds and 32 separate units /addresses that were submitted by the May 22, 2008 use permit application deadline within the Ordinance. As the application deadline passed, we issued abatement letters in advance of the Ordinance's February 22, 2009 abatement deadline. Eighteen facility operators representing properties with about 220 beds received abatement letters. The review of the use permit applications, despite being done by private sector consultants as contract City staff, has taken much more time than we had expected. The list of documents that each applicant must provide under the Ordinance is long, and no operator submitted a complete application by the May 22, 2008 deadline. However, because it has been the City's long -time practice to allow Use Permit applicants a reasonable amount of additional time to complete application packages, legal counsel has directed us to avoid discriminatory practices by following the same practices with Group Residential Use Permit applicants. That said, the following applications are close to or at complete status, allowing us to plan for noticed use permit hearings within the next 60 days: Ocean Recovery — two ADP - licensed facilities (22 beds at 1115 West Balboa, 16 beds at 1601 West Balboa); Balboa Horizons Recovery — one ADP - licensed facility (11 beds, 1132 West Balboa); Other applicants include: • Kramer Center — two unlicensed facilities (six beds each) in one duplex at 281h Street; • Naroonon Southern California — one large ADP - licensed facility for 49 occupants at 1810 West Ocean Front; and • Newport Coast Recovery — one large ADP - licensed facility for 29 beds at 1216 West Balboa. The following applicants have applied for "Reasonable Accommodation ": • Pacific Shores Recovery — three unlicensed sober living homes at the corner of Clay and Orange. The City is in litigation with Pacific Shores for violating the 2007 moratorium on new or expanded group residential uses; and • Yellowstone Recovery — four unlicensed sober living homes in West Santa Ana Heights. Yellowstone applied for use permits as well as for reasonable accommodation. There are no other applications under review. One major operator, Morningside Recovery, has told us that they intend to apply to ADP for up to eight $) "6 and Under" treatment licenses for their existing unlicensed facilities on River Avenue and on 39 h Street. Morningside ignored the City's use permit application deadline, choosing not to apply for use permits. Further, the City sued Morningside for opening a facility along River Avenue in violation of the 2007 moratorium. The City intends to oppose Morningside's ADP applications for separate 6- and -under licenses on the grounds that Momingside's facilities will be integrated together — therefore, ADP should not consider licensure of these facilities unless Morningside applies for ADP - licensure as, for example, one 48- person facility. Legislative Front. In both 2007 and 2008, the City worked with State Senator Tom Harman in an unsuccessful attempt to pass SB 1000 (Harman, R- Irvine, 2008) which would have helped localities ensure that state - licensed treatment facility applicants comply with local zoning. This advocacy involved direct lobbying of legislators (via David Jones of Emanuels Jones and Associates), letters to legislators, two visits to Sacramento to testify at Committee hearings (by Council Member Rosansky and Council Member Henn) and extensive a -mails to other cities similarly situated and who attended our March 2007 Residential Recovery Facilities conference here in Newport Beach. The City also followed AB 2903 (Huffman, D -San Rafael, 2008), which at one time would have required ADP to stop licensing integrated "6 and Unders" as separate facilities, as ADP does here in Newport Beach and did in many other cities, including Sausalito, CA. AB 2903 was held in the Assembly Appropriations Committee, and only was passed out of committee when most of its more meaningful provisions were amended out Assembly Member Huffman's staff has told his Marin County constituents that Huffman intends to introduce an "integral facilities" bill in 2009, and the City will review it at that time with the intent to support it. The City also may ask Senator Harman to consider a comprehensive ADP - reform bill in 2009. Also in 2008, the City followed the progress of the League of California Cities - supported SB 992 (Wiggins, 2008). This bill would have established a new classification of homes subject to state review and certification — Adult Recovery Maintenance Facilities or "ARMFs ". ARMFs would be what we consider to be sober homes, where persons in recovery reside but do not receive treatment onsite. The City appreciated the intent of the bill, which would have professionalized and improved the management of sober homes, but we did not support the bill overall for this reason: It set forth a new "loophole" that ADP and operators could use to certify and place an unlimited amount of "6 and Under' ARMFs in communities without regard to local zoning. Mayor Selich wrote a letter to Governor Schwarzenegger asking Schwarzenegger to veto SB 992, which the Governor did. The City also took a position to oppose Proposition 5 on the November 4, 2008, General Election ballot. The City believes that Proposition 5 is too lenient on persons charged with drug - related crimes, would unwisely increase the number of persons eligible for alternative sentencing, and would not benefit communities given ADP's continued willingness to disrespect local zoning. Staff will continue to implement the Ordinance. Detailed information about the City's ordinance, the Use Permit application for Group Residential Uses, and more is on the City's website under "Group Homes." For more information about this Priority, contact Dave Kiff, Assistant City Manager, at dkiff23lcity.newport- beach.ca.us or call 949 - 644 -3002. PREPARE AND IMPLEMENT A WATER QUALITY MASTER PLAN (WQMP) THAT ADDRESSES AND PRIORITIZES OUR WATER QUALITY NEEDS INTO THE FUTURE Objective Target Action Meet with the Coastal -Bay Water Quality January 10, 2008 Completed Committee to discuss the concept of a WQMP - -- -- - - - - - - — - - - -- - - - Form a subcommittee of Coastal -Bay to — ............. -- - - January 17 and February --- -- - - - -- Completed work with staff to develop the framework of 8, 2008 the plan and review the draft plan Bring the draft plan back to Coastal -Bay February 14, 2008 Discussed twice, expected to for consideration and approval of broad come back to Coastal Bay priority projects _.._._..._.. _— __.... -- --- __- .....--- - - - - -- -- - -._........ .... -- ....... ....... ......... ......... ._..._...-- .- .- .- .. June 12 -..--- - - -- ....... -- ---- - - - - -- Take Coastal -Bay's priority projects and Priority projects include a put a funding plan with them, similar to the preliminary funding plan Facilities Financing Plan — Bring the WQMP to City Council for a Moved to November Pending Study Session 2008 With direction from the Study Session, Not applicable yet finalize the WQMP in the context of the FY 2009 -10 City budget Implement the WQMP's projects and During FY 2009 -10 and Not applicable yet monitor and adjust the Plan based on beyond actual events ---..___._....._._._._ ........ ..................... .... .... ................ .... __ Review the Plan annually both with ------- _ ---- ..__.—..—_._.__._._.. . Not applicable yet Coastal -Bay and with the City Council; receive corrections and changes at that time to keep the document an iterative document Comments: The Council/Citizens Coastal -Bay Water Quality Advisory Committee set up a subcommittee to work on the Water Quality Master Plan with Assistant City Manager Dave Kiff. The Draft Plan, which the Committee has seen three times by the date of this staff report, is fairly robust in terms of what can be done in the community. Funding the Plan will always be a challenge. The Draft Plan is available on the City's website under Coastal -Bay Water Quality Committee. For more information about this Priority, contact Dave Kiff, Assistant City Manager, at dkiff0citv.newoort- beach.ca. us or call 949 - 644 -3002. INSTITUTE AN ORGANIZATIONAL PERFORMANCE IMPROVEMENT EFFORT THROUGH DATA GATHERING AND THE IDENTIFICATION OF SERVICE BENCHMARKS TO MEASURE ORGANIZATIONAL EFFECTIVENESS Objective Target Action Benchmarking contract with ICMA January 8, 2008 Completed - January 8, 2008 approved by Council Customer satisfaction survey results February 1, 2008 Completed - February 1, 2008, reviewed by Council Finance Committee and February 4, 2008 on (3 surveys) ICMA consultant team's first visit; review February 4 and 5, 2008 Completed - February 4, 2008 with Finance Committee and Management Team the benchmarking process; ICMA team reviews City's priorities, customer survey results ETC Institute (survey team) makes February 12, 2008 Completed - February 12, presentation to Council on customer 2008 satisfaction survey results ICMA review and analysis of City and February-March 2008 Ongoing comparable jurisdiction data; assessment of organizational culture ICMA team augments performance May -June 2008 We met with the Finance indicators proposed by City staff to meet Committee on July 9th to the needs of the City; makes presentation review the proposed to Council Finance Committee benchmarks; Council is expected to approve the benchmarks on Aug. 12th ICMA team recommends and provides February- August 2008 Training on how to do course of training for staff benchmarking is ongoing ICMA team recommends a list of peer May -June 2008 The City Council approved the cities to do benchmarking against jurisdictions to be used for benchmarking comparisons on September 9, 2008. ICMA team recommends a performance May -July 2008 Ongoing measurement methodology and process that is tailored to the City's needs ICMA team prepares a final report and September 15, 2008 The final report is now presentation to the City Council tentatively scheduled for completion after the beginning of the new calendar year based on the high work load of the IT Division. The report should be provided by March 31 st 10 Comments: The Benchmarking Project was kicked off on February 281° with a meeting of department directors, facilitators and coaches. Their work will continue in April with the identification of benchmarks. ICMA is scheduled to meet with the Finance Committee on May 30'h with another meeting to be scheduled in June. 11 CONDUCT AN APPRAISAL OF THE BANNING RANCH PROPERTY AND ASSESS FUNDING AVAILABLE FOR THE PURCHASE OF THE PROPERTY FOR OPEN SPACE Objective Target Action Obtain a copy of appraisal on the Boise February 10, 2008 I ROG requested to obtain Chica land sale for open space ..... . ....... .......... . .. . .... . .......... ........................... ....... . ................. . ... appraisal ...... ........ ........ . .... . .. . Council ad-hoc committee meets with August 8, 2008 Council Committee directed interested parties to discuss the staff to retain Resource qualifications and process for the hiring of Opportunity Group, LLC as an appraiser open space acquisition consultant; contract executed July 18, 2008. Council committee members,ROG and staff met with interested parties to discuss appraisal process August 6, 2008 RFQ for appraiser is ready for distribution August 29, 2008 Proposals received from four appraisal firms, who were interviewed by ROG and staff. Council committee directed staff to prepare agreement with Buss-Shelger Associates September 17, 2008. Council approves contract for appraiser September 9, 2008 Contract with Buss-Shelger Associates executed October 8, 2008. Meeting with interested parties and August 8, 2008 Buss-Shelger had first meeting appraiser to discuss the appraisal process with property owners and staff October 20, 2008. Appraiser meets with interested parties to January 16, 2009 Not applicable yet review preliminary appraisal findings Council approves appraisal document; December 9, 2008 Not applicable yet Council subcommittee recommends a process to the City Council for determining funding availability for purchase of Banning Ranch for open space; Committee makes hiring recommendation for funding assessment consultant Council subcommittee reports to City February, 2009 Not applicable yet Council on funding availability Comments: Contract with Buss-Shelger Associates does not call for a formal appraisal report, subject to all of the professional appraisal guidelines and requirements, at this time. State agencies won't work on funding an acquisition until there is an agreement with property owners, and we need an estimate of value to open discussions with owners. In addition, State is required to perform its own appraisal for 12 acquisitions of more than $25 million. Our contract asks the consultant to establish a range of value based on conservative and optimistic development scenarios developed in consultation with City, Coastal Commission staff, other agencies, and property and mineral rights owners. Each of the scenarios will be evaluated based on market transfer of similar lands, with allowance for locational influence, project size, entitlements status and timeliness, oil impairments and other environmental constraints. Based on this analysis, a preliminary assessment will be provided in a concise Phase I report, expected by the end of December. If the City authorizes Phase 11, the consultant will prepare a detailed narrative appraisal on all or portions of the property as determined by consensus of all parties involved. The appraisal will be prepared in conformance with California Department of General Services appraisal requirements. 13