Trust sought in home issue

Newport Beach Asst. City Manager Dave Kiff believes in the city’s settlement with group rehab home operator Sober Living by the Sea.

He says it is such a great deal for the city that citizens might like it eventually.

But at the same time, he understands why the community is frustrated and speaking out, and that the city still has some work to do — not just with group rehab homes, but also with the citizens.

“The only thing that would please them is if we follow through,” Kiff said. “We have to build some trust.”

Kiff tried to foster that trust by meeting for a panel discussion with community member Bob Rush Wednesday night at the City Council Chambers to speak to a packed house concerning the settlement and the issue of group rehab homes.

“People are justifiably frustrated because the federal law is overly restrictive,” Kiff said.

Kiff delivered a presentation reviewing the proposed settlement, which the city has discussed.

Hot-button issues included how the city came to its estimated bed-count number, what it was doing to prevent more rehab facilities coming to Newport Beach, what regulations would be enforced on current and future operators, and how the city plans to deal with homes that operate two facilities in one using a duplex home.

“There are two types of bed count — paper bed count and impact bed count,” said Rush.

Advising listeners to “keep your eye on the ball” throughout his presentation, Rush argued the city’s bed-count numbers were misleading. He said some centers may remain open after lawsuits — such as Morningside Recovery — thus increasing the bed-count numbers or some beds were already non-existent, which would have decreased the decrease percentages presented by the city.

“It is a paper reduction. The true reduction occurred several years ago,” Rush said. “We still have the same impact. The impact account hasn’t changed at all.”

Kiff said the bed-count numbers were determined when he and staff went door to door to tally figures in summer 2007.

Rush pressured Kiff for an answer as to why more homes weren’t pushed out of West Newport Beach and Balboa Peninsula within the settlement.

Kiff responded that negotiations are give and take, and that the city had to give Sober Living permission to have 144 beds in that area.

At the end of the meeting, Kiff reminded the audience that any future operators must apply for a use permit and be held under the guidelines of the city ordinance, including only operating in multifamily residential zones.

The event was sponsored by the West Newport Beach Assn.

MAIN POINTS

Dave Kiff

 The settlement allows the city to regulate six and under facilities, as well as all other homes, run by Sober Living by the City.

 Now that the Sober Living by the Sea lawsuit is gone, the city can go back to trying to enforce its integral facilities policy. If it is again challenged in court, the city will take it to state court. The policy was initially thrown out by a federal court judge.

Bob Rush

 City bed count numbers are not accurate of the actual problem in the city. There isn’t a reduction of bed count numbers by about 30%; instead, it’s about 20%.

 Many operators function as six and under facilities, but are in duplexes. This allows them to concentrate their operations in certain areas without being regulated.

 The city has not shown the ability to enforce its ordinance.

DANIEL TEDFORD may be reached at (714) 966-4632 or at daniel.tedford@latimes.com.