HomeMy WebLinkAbout00 - Adjourned Regular Meeting AgendaNEWPORT BEACH CITY COUNCIL AGENDA
COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
ADJOURNED REGULAR MEETING
January 11, 2010
I. CONVENE IN OPEN SESSION - 5:30 p.m.
II. ROLL CALL
III. CLOSED SESSION - Council Chambers Conference Room
A. Conference with Legal Counsel - Existins< Litigation (Government Code § 54956.9(a)):
Eleven matters:
1. Group Homes Matters: Five matters all arising out of the Group Homes litigation
brought against the City, as follows:
a. Cross -Claim Against Morningside Recovery as the only remaining portion of the
Concerned Citizen's v. City of Newport Beach, U.S. District Court Case
No. SACV 08- 00192 -JVS (RNBx)
b. Sober Living By The Sea v. City of Newport Beach, U.S. District Court Case
No. SACV 08 -00200 JVS (RNBx)
c. City of Newport Beach v. Morningside Recovery, Orange County Superior Court
Case No.07CC11694
d. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08 -00457 AG
(PLAx)
e. Newport Coast Recovery v. City of Newport Beach, U.S. District Court Case
No. SACV 09 -0701 DOC (ANx);
2. Group Homes Matters: Six matters all arising out of the Group Homes investigation
brought against the City, as follows:
a. Pacific Shores v. Newport Beach, U.S. Dept. of Housing & Urban Development
Investigation No. 09 -08- 0592 -8
b. Newport Coast Recovery v. City of Newport Beach, U.S. Dept. of Housing & Urban
Development Investigation No. 09 -09- 0713 -8
c. Paul Murdoch v. City of Newport Beach, U.S. Dept. of Housing & Urban
Development Investigation No. 09 -09- 0831 -8
d. The Kramer Center v. City of Newport Beach, U.S. Dept. of Housing & Urban
Development Investigation No. 09 -09- 0833 -8
e. Oxford House v. City of Newport Beach, U.S. Dept. of Housing & Urban
Development Investigation No. 09- 09- 0830 -8
f Yellowstone v. City of Newport Beach, U.S. Dept. of Housing & Urban Development
Investigation No. 09.09- 0834 -8
1
Testimony given before the City Council is recorded.
Yellow light indicates that the speaker has one minute for summation;
and the red light will signify when the speaker's time limit is up.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda
will be made available for public inspection in the Office of the City Clerk
located at 3300 Newport Boulevard during normal business hours.
In addition, such writings and documents will be posted on the City's website at www.newportboachea.gov.
B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation
(Government Code 4 54956.9(b): One matter:
1. Potential litigation arising from whatever decision is made with respect to the appeal by
Yellowstone Recovery of the Hearing Officer's denial of its applications for a use permit and
reasonable accommodation.
IV. PUBLIC HEARING [6.00p.m. time certain]
1. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMITS AND
REASONABLE ACCOMMODATIONS - YELLOWSTONE WOMEN'S FIRST STEP
HOUSE, INC. - 1561 INDUS (UP 2008 -034) (RA 2009 -004) (PA 2008 -105); 1621 INDUS
(UP 2008 -035) (RA 2009 -005) (PA 2008 -106); 1571 PEGASUS (UP 2008 -036) (RA 2009-
006) (PA 2008 -107); AND 20172 REDLANDS (UP 2008 -037) (RA 2009 -007) (PA 2008-
108). [Continued from the 9122109, 11124109, and 12102109 Council meetings]
Action: a) Conduct public hearing; b) staff recommends the City Council determine
whether substantial evidence in the record supports the Hearing Officer's
decision to deny Yellowstone's applications for the use permits and
reasonable accommodations; and c) if the City Council determines that
substantial evidence supports the denials, the Council should sustain the
decisions of the Hearing Officer; OR d) if the City Council determines that
substantial evidence in the record does not support any of the denials, the
Council must then choose between one of three possible actions: 1) reverse
the Hearing Officer's decision and authorize the issuance of the requested
use permit(s) or one or more of the requested reasonable accommodations to
Yellowstone, under conditions the Council determines are appropriate
based upon the evidence in the hearing record; or 2) modify the Hearing
Officer's decision denying the use permit and/or reasonable accommodation
to Yellowstone based upon the evidence in the hearing record; or 3) remand
the matter to the Hearing Officer for further consideration, which remand
shall include direction either to consider specific issues, or to conduct a de
novo hearing on whether to grant, conditionally grant, or deny a use permit
and/or reasonable accommodation to Yellowstone; OR e) if the City Council
determines the Hearing Officer's findings are not supported by substantial
evidence and directs action be taken based upon choosing one of the three
options above, direct staff to prepare a resolution setting out the
determination of the Council and the findings supporting that
determination, and that the resolution be brought back to the Council for
approval and adoption as the Council's final decision on the matter.
V. PUBLIC COMMENTS
Public Comments are invited on non- agenda items generally considered to be within the subject
matter jurisdiction of the Council -- Speakers must limit comments to 3- minutes. Before speaking,
please state your name for the record.
VI. ADJOURNMENT