Rehabigate or Progress?

Divisive issues are nothing new to Newport Beach. "Greenlight"
has been fighting excess developer abuses that included high
rises, density, big traffic generators and noise...for years.
The "High Density" has always been a big issue....that started
with Promontory Point, which took away the beautiful view of
our Newport Harbor from Pacific Coast Highway and Jamboree. Or
the Downey Savings building that blotted out and took away the
view corridor and beauty of the Upper Back Bay... and thusly
impacted our community with no view and more traffic.

We also had the John Wayne Airport issue which is a continuing
saga...and thanks to the work of the Airport Working Group that
resulted in an Airport Agreement which limited flights passed
11PM. Since then, even though the Feds wanted to change it, we
were Grandfathered on that issue! Even the expansion of John
Wayne Airport itself was a big over budget deal under then OC
Supervisor Tom Reilly. Then there were the ubiquitous "Mother-
in-law Units" on Balboa Island, or the on-going "Mansionization
of Newport Beach" everywhere, as new people came into town,
bought those dreaded tear down properties and blotted out the
sun for neighbors all around! How about "Party Houses"? How about
"The Fourth of July Riots and Revelry on the Peninsula"? It goes
on and on like that! What about the Arb Campbell Police Scandal?

The latest scourge and blighted action right here in our town?
Rehab Group Homes, Licensed CA Alcohol and Drug homes of six or
less persons? It has been a pretty big deal. It took the patience
of Jobe and the community efforts of many to get our City Fathers
to move on this issue. Senator Tom Harmon tried this and that
and Assemblyman Chuck DeVore stood up. Tough fighting Sacramento!

City Manager Homer Bludau and Asst. City Managers Dave Kiff and
Sharon Wood....got with the program and assisted our current
City Council Members to "get on with it!" Good grief, how did
Scott Baugh and Bob Burnham wind up in the mix ....on "the other
guys side"? Business!

The Rehab Group Home issue is no simple "go to dinner conversation"
here. It has both State Law and Regional implications that will
notably affect Federal Law sometime in the future. It goes like
this: Can local government require Rehab or Group Home facilities
to meet certain standards..and can they in fact restrict the number
and impact of "patients" on the community? At the end of January
2008....The City of Newport Beach passed Ordinance 2008-05 which
required the affected facilities to file for a Use Permit before
the end of May. According to the Ordinance....if any facilities
failed to apply for their permits....they would lose their:
"Use rights".

The largest Rehab provider in Newport Beach is "Sober Living by
the Sea". They currently have 156 beds with a maximum of 204
allowed by the "Settlement Agreement" which is being offered by
the City...according the Dave Kiff...Asst. City Manager. Then there
is "Morningside" which currently has 72 beds has not yet filed
for a "Use Permit" and faces closure of all their facilities.
Narconon of course, has a 49 bed tri-plex which has filed papers
....but maybe under certain restraints under the new ordinance.

So, what happens when these facilities close...for whatever reasons?
Will another provider be able to step right in and take over without
losing a step. Dave Kiff...says: "No, they would have to start the
entire process....all over again....as a new use!" One of the major
provisions of the Rehab and Group Home Ordinance is that fact that
"Parolees" must be omitted for participating in any Rehab facility.
This is a very big deal...and though you may have heard that "Sober
Living by the Sea" was challenging the Ordinance in the courts...
let's say a prayer that the suggested "Settlement Agreement" by the
City is agreed to by all sides.

There is little doubt that the Ordinance is not perfect. By the
reading of the State Law.....anyone could be considered "disabled"
if they were addicted to Ambien PM or Bayer Baby Aspirin! There are
"Big Loopholes" in who may be considered for these programs. There
is little doubt that State action to qualify these people should have
been done...many years ago.

Limiting the number and the density and impact to our community is
now the prime consideration and although, as we say, the Ordinance
is not perfect...it will certainly start to put a stop to the rising
tide of Real Estate Speculators who do not have to be State Licensed
and offer an unregulated Rehab Facility to make huge profits while
the skyrocketing Real Estate Values were rising. The Ordinance does
not however truly focus on the six or less Licensed State facilities.
Making neighbors accountable will still be an important part of the
process. How will we know....if "Parolees" are located in these type
facilities? How will we know if in the six or less Rehab Group Homes
there are prior Child Molesters or Felons? Should we have the right
to know?

Now that the Real Estate market has taken a momentary hiatus ...
those Rehab Homes are more open to Regulation. They don't want to
have to liquidate their "Cash Cows" right now! So, this Ordinance
is a great place to start - for communities throughout this country.
We doubt seriously that it will completely satisfy Bob Rush, Linda
Lorozco or so many who have given there hearts and souls to this
issue for years - but, as we say - it is a start!

So, to our City Staffers, Managers and City Council Members...as
well as State Senator Harmon and Assemblyman Chuck DeVore.
Thanks guys!

http://www.cacities.org/index.jsp?zone=wcm&previewStory=25624

http://www.latimes.com/news/local/politics/cal/la-me-sober29
-2008jun29,0,7548240.story

http://www.dailypilot.com/articles/2008/05/13/politics/dpt
-injunction051308.txt

Ordinance 2008-05 Group Home Ordinance