COMMUNITY COMMENTARY:

I am one of the Newport Beach City Council members most involved in resolving the group homes litigation issues and feel compelled to correct some misimpressions that may have been left by a July 15 letter (“Settlement proves Newport not listening”) relating to group homes issues, Sober Living by the Sea and the Concerned Citizens of Newport Beach (CCNB).

The writer stated CCNB sued to “get the city’s attention” relating to group home over-concentration and it was not “about the money.” However, she failed to mention that CCNB sued the city for $250 million in damages. If that’s not about the money, I don’t know what is.

Furthermore, the city made a substantive offer to settle the lawsuit, but CCNB rejected the offer and effectively ended our settlement discussions.

Suing the city was wrong. If CCNB truly has the best interests of our citizens at heart, it should drop its suit.

In the meantime, our residents can be assured the city will vigorously defend our community.

In contrast, the city has successfully negotiated the basic terms of a settlement agreement with Sober Living. The final terms will be subject to extensive public review. Contrary to the writer’s assertion that the settlement contains “very few concessions” by Sober Living, it actually contains major concessions.

In addition to dropping its lawsuit, Sober Living agreed to permanent caps on the number of clients it can serve. These caps are substantially lower (peninsula and citywide) than the number served a year ago.

Sober Living also agreed to include all types of homes they operate (including licensed six-and-under homes that the city cannot, by law, regulate) in the caps.

The proposed agreement also includes a 1,000-foot separation from elementary schools and licensed day cares. Finally, Sober Living agreed to de-concentrate its remaining homes on the Peninsula to not more than one building per block. None of those benefits could be mandated under the city’s ordinance, or federal or state law.

The City Council believes the proposed settlement, taken as a whole, is highly favorable for our residents.

Lastly, the writer’s assertion that the development agreement confers an entitlement “worth millions” could not be more incorrect.

Sober Living already has an unfettered entitlement — protected by law — to operate 15 licensed, six-and-under facilities in Newport Beach and potentially an unlimited amount more. By including those facilities in the caps, the settlement actually reduces their current and potential entitlement and decreases the potential value of their business.

MIKE HENN is a Newport Beach city councilman.