HomeMy WebLinkAboutRequest to Review Group Home Regulations in the City and Rec (2) Gpp'' 2000 Main Street,
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File #: 23-120 MEETING DATE: 2/7/2023
Subject:
Submitted by Councilmember McKeon - Request to review Group Home Regulations in the
City and recommend amendments and improvements as needed
Recommended Action:
Direct the City Manager to work with the City Attorney to return to Council with any recommendations
regarding:
1. Possible new ZTA to provide additional protections for disabled occupants requiring at least 9
months' notice prior to eviction (even after insurance coverage runs out). This kind of a protection for
disabled occupants will help prevent their sudden turning out onto the street without a home or place
to stay. These protections could also include requiring operators and landlords to relocate the
patients/clients back to their original place of origin.
2. Begin investigating complaints of insurance fraud. This may require the City Attorney work with
the District Attorney to identify prosecutorial paths for prosecution.
3. Provide City Council a Quarterly basis to give status reports on: list of current complaints
regarding illicit Group Home operations harming the disabled, including Group Home locations,
nature of complaints, description of complaints, complaints regarding public nuisance activities like
loud noise or trash, whether issues are Code Enforcement or whether there is criminal activity; Group
Home locations should identify State licensed facilities, sober homes, non-licensed providers, etc.
and what efforts have been done that quarter to address the complaints. A full status report.
4. Recommendation on what resources, or assistance, does Code Enforcement need from City
Council to step up enforcement, reduce response times, effectively identify problem homes,
effectively address the problems of the homes, etc.
Attachment(s):
1. Memo
City of Huntington Beach Page 1 of 1 Printed on 2/1/2023
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING—COUNCIL MEMBER ITEMS REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CASEY MCKEON, CITY COUNCIL MEMBER
DATE: FEBRUARY 7, 2023
SUBJECT: REQUEST TO REVIEW GROUP HOME REGULATIONS IN THE CITY AND
RECOMMEND AMENDMENTS AND IMPROVEMENTS AS NEEDED
The City of Huntington Beach adopted a Zoning Text Amendment (ZTA) regulating the
operation of certain group homes in the City. The ZTA was enacted in part to ensure that group
home occupants are not discriminated against and that our neighborhoods remain safe.
The laws regarding group homes and the City's ability to regulate them are evolving. Recently a
Ninth Circuit Court of Appeal ruling came out holding a particular aspect of Costa Mesa's
regulatory scheme invalid; although it is unclear what, if any, impact that ruling has on
Huntington Beach's regulatory scheme, I believe we need to revisit this issue. To that end, I
would ask the City Attorney to advise as necessary, on what, if any, updates need to be made to
the City's regulations in light of evolving law on this.
In addition, while the City's ZTA has had some positive affect, more can be done to protect
group home occupants with disabilities, as well as our neighborhoods. In spite of the City's
efforts, I am informed that deaths have occurred in certain group homes, and occupants of the
group homes may be subjected to violence and abuse (both physical and mental) by operators
or owners. In addition, neighbors have reported excessive noise, late night disturbances,
stockpiling of trash, and various public nuisances occurring in or around certain group
homes. The City is also aware, through complaints, that some of these group home operators
are bringing occupants in from areas outside the City, County and State, and as soon as the
insurance coverage runs out, the operators are turning the occupants out, at times leaving
them homeless. Lastly, the City has also received information that some operators may be
engaged in illicit insurance billing practices. All of this has to end in order to protect both
occupants and neighborhoods.
RECOMMENDED ACTION
Direct the City Manager to work with the City Attorney to return to Council with any
recommendations regarding:
1. Possible new ZTA to provide additional protections for disabled occupants requiring at
least 9 months' notice prior to eviction (even after insurance coverage runs out). This
867
kind of a protection for disabled occupants will help prevent their sudden turning out
onto the street without a home or place to stay. These protections could also include
requiring operators and landlords to relocate the patients/clients back to their original
place of origin.
2. Begin investigating complaints of insurance fraud. This may require the City Attorney
work with the District Attorney to identify prosecutorial paths for prosecution.
3. Provide City Council a Quarterly basis to give status reports on: list of current
complaints regarding illicit Group Home operations harming the disabled,
including Group Home locations, nature of complaints, description of complaints,
complaints regarding public nuisance activities like loud noise or trash, whether issues
are Code Enforcement or whether there is criminal activity; Group Home locations
should identify State licensed facilities, sober homes, non-licensed providers, etc. and
what efforts have been done that quarter to address the complaints. A full status
report.
4. Recommendation on what resources, or assistance, does Code Enforcement need from
City Council to step up enforcement, reduce response times, effectively identify
problem homes, effectively address the problems of the homes, etc.
868
Moore, Tania
From: Can Swan <cswanie@aol.com>
Sent: Tuesday, February 7, 2023 11:33 AM
To: CITY COUNCIL; supplementalcomm@surfcity-hb.org
Subject: Support Agenda Items#30, #31,#33 and #34
Dear Mayor Stickland and Council Members,
I am writing in support of four agenda items for tonight's council meeting: Items 30, 31, 33 and 34.
In particular, I wish to share my thoughts on my support for Agenda Item 30.
I spoke against Councilman Kalmick's agenda item on May 3, 2021 in which he proposed create a
Flag Policy thus opening the door to deep divisiveness and controversy. I would like to thank
Councilman Kalmick for proving me right, once again. As I browse the comments sent as
Supplemental Communications, it is quite clear that Mr. Kalmick created a completely unnecessary
and divisive issue when he authored this action in 2021. When I spoke against this issue in 2021, I
reminded city council that their role as leaders should focus on the ENTIRE community and that every
single person in our great city is already solidly represented by the American flag, State and County
flags. Since that time, I notice that many other cities have debated the issue and a significant
majority of cities in Orange County have concluded the same thing: special interest flags other than
the American flag, State and County are considered divisive.
I also observed that many of the Supplemental Communications are coming from outside the City of
Huntington Beach, no doubt a result of the many social media campaigns promoted by activists
throughout Southern California.
I urge a vote in favor of Agenda Item 30, along with 31, 33 and 34
Respectfully,
Cari Swan
Huntington Beach resident
SUPPLEMENTAL
COMMUNICATION
A440ttr;g Oate: 2/? /2023
1 Agenda Item No.; 33 ( 3 /da)
Moore, Tania
From: Russell Neal <russneal@ieee.org>
Sent: Tuesday, February 7, 2023 11:48 AM
To: Cari Swan
Cc: CITY COUNCIL; supplementalcomm@surfcity-hb.org
Subject: Re: Support Agenda Items#30, #31, #33 and #34
Well said!
On Tue, Feb 7, 2023 at 11:33 AM Cari Swan<cswanie@aol.com>wrote:
Dear Mayor Stickland and Council Members,
I am writing in support of four agenda items for tonight's council meeting: Items 30, 31, 33 and 34.
In particular, I wish to share my thoughts on my support for Agenda Item 30.
I spoke against Councilman Kalmick's agenda item on May 3, 2021 in which he proposed create a
Flag Policy thus opening the door to deep divisiveness and controversy. I would like to thank
Councilman Kalmick for proving me right, once again. As I browse the comments sent as
Supplemental Communications, it is quite clear that Mr. Kalmick created a completely unnecessary
and divisive issue when he authored this action in 2021. When I spoke against this issue in 2021, I
reminded city council that their role as leaders should focus on the ENTIRE community and that
every single person in our great city is already solidly represented by the American flag, State and
County flags. Since that time, I notice that many other cities have debated the issue and a
significant majority of cities in Orange County have concluded the same thing: special interest flags
other than the American flag, State and County are considered divisive.
I also observed that many of the Supplemental Communications are coming from outside the City of
Huntington Beach, no doubt a result of the many social media campaigns promoted by activists
throughout Southern California.
I urge a vote in favor of Agenda Item 30, along with 31, 33 and 34
Respectfully,
Cari Swan
Huntington Beach resident
SUPPLEMENTAL
COMMUNICATION
Meeting Date. a-1 /g0.93
Agenda Item No.. .033 ( -i? )