Thursday, March 05, 2015

A Packed House Grills Officials On Group Homes

GROUP HOMES AND CRIME
A packed multi-purpose room at College Park Elementary School greeted Costa Mesa officials and staff as Debbie Leedom and her College Park neighbors hosted a 90-minute question and answer period on two subjects about which they have great concern - the proliferation of sober living homes and crime, in general.
STANDING ROOM ONLY
The meeting, which played to a standing-room-only crowd of approximately 225 in number, was run crisply and pretty much stayed on schedule.  Extraneous questions from the crowd were kept to a minimum until the very end, when time grew short and anxiety continued to build as residents from all parts of the city became not fully satisfied with the answers to their written questions.

 MANY SENIOR STAFFERS PRESENT
Attending for the City were Mayor Pro Tem Jim Righeimer, Councilwoman Katrina Foley, CEO Tom Hatch, Interim Police Chief Ron Lowenberg, Director of Development Services Gary Armstrong, Deputy City Attorney Elena Gerli, Assistant Director, Community Improvement Division Jerry Guarrancino, Police Captain Mark Manley, Police Lieutenant Vic Bakkila, Code Enforcement Officers Mike Tucker and Jon Neal and Executive Assistant to Hatch, Kelly Shelton.
CANDIDATES AND ACTIVISTS
In the crowd I recognized many familiar faces from all regions of the City.  I saw former council candidates Jay Humphrey, Tony Capitelli, Lee Ramos and Chris Bunyan.  Many other activists - regular attendees at many official city meetings and volunteers in may areas in town -  were sprinkled throughout the crowd of otherwise just normal residents with big concerns.
WRITTEN QUESTIONS READ
After Leedom kicked things off she handed the microphone to Righeimer, who provided some perspective and introductions.  Then moderator Jay Friedman took over and asked the written questions of the staff.  In general, the staff decided who would field which question.  As you might expect, lawyer Gerli had a big chunk of them, as did Guarrancino.  Righeimer didn't hesitate to grab the microphone, either.
THE CROWD LEARNED A LOT
Much of what was discussed was not new information to those of us who attend city meetings regularly, but it certainly was to many in the crowd.  Among the many things they learned Wednesday night were:
  • The City CANNOT regulate state licensed group homes.
  • The City CANNOT regulate homes with six (6) or fewer residents plus a house manager because they are considered a "Housekeeping Unit".
  • Our Group Home Ordinance applies ONLY to R1 (Single family residential) neighborhoods.
  • An ordinance for other residentially-zoned area is in the works, but it's more complicated.
  • The City needs the help of residents to identify group homes.
  • Righeimer and other staffers recommended the use of the Costa Mesa Connect Smart Phone App.
  • They stressed the need to report the group homes with infractions so a file can be created.
  • We must tread carefully as we attempt to enforce our ordinances to be sure we are not violating the rights of the residents in those places.
  • We learned from Lowenberg that our police staffing is up to 108 today from a low spot of 85 and that efforts are being made to recruit greater numbers of qualified officers.  He mentioned the recent report on the staffing issue on the City Website, HERE.
  • Lowenberg, Manley and Bakkila all stressed that they need our help.  Residents MUST call when they have a problem.
  • The revised Crime Mapping Program is now available, HERE, but not without some glitches.
  • We learned of a Gang/Narcotics bust on Maple Avenue that snatched up 6 criminals.
  • We learned that we should be participating in Neighborhood Watch programs.  As Lowenberg said, "Help us help you".
  • We learned that Costa Mesa has a quarter of ALL state-licensed group home in Orange County.
  • We learned that there is no limit to the time a person can stay in a group home.
  • We learned from Lt. Bakkila that they hope to resurrect their bicycle patrols, apparently a very effective tool.
  • Captain Manley told us that, for this part of town, Lt. Bakkila is a "mini-police chief" - "He's the guy who will solve your problems".
  • We learned that Officer Bill Adams, currently our only School Resource Officer, is one of the best cops we've ever had.
  • In response to a concern about Code Enforcement staffing, we learned from Righeimer that the City will "spend whatever it takes so the problem gets handled properly."  We've heard that before...
  • We learned from Hatch - in response to a question about how relapsed residents are handled because some are simply dumped onto our streets and become homeless - that the City is dealing with the homeless among us by identifying those with ties to the city, then providing services to them through faith-based organizations.  So far, of the 125 identified, 50 have been placed in housing.
  • We learned that representatives of several group homes in Costa Mesa were at the meeting, gathering information.
  • We learned that enforcement of group homes is a long process - a matter of months, as various essential steps are taken in order to be sure the operator has a chance to respond.
  • We learned that some folks co-mingle in their minds sober living patients with parolees and other criminals.
  • And, we learned a lot more.
NO CMTV COVERAGE?
For example, I learned that the City apparently didn't deem this meeting important enough to provide video coverage by CMTV, but it was important enough to cancel the Fairview Park Citizens Advisory Committee meeting, scheduled for the same time on the same date.  That's a shame, because this meeting is the PERFECT example of what can happen when motivated residents team up with City staff to put together an outstanding community outreach opportunity.
ANGRY INQUIRY AT THE END
At the end of the evening one very impatient man stood up and strongly addressed the panel, wondering if they were aware of the Sober Living Network, and the impact they were having on Costa Mesa.  I found a link to that organization, HERE, which shows Costa Mesa as the location for  nineteen (19) facilities - more than double any other Orange County city shown.  It was unclear if he received a satisfactory answer to his questions and statements.  At Tuesday's council meeting we learned that there are another twenty-one (21) group homes in line for licenses in Costa Mesa!
ANY CONNECTIONS?
The final question asked of all the City panelists was, "Do you have any relationships with any of the group home operators?" or words to that effect.  Every staffer answered a resounding NO!  Bakkila told us he had arrested a few of the residents, though.  Righeimer was the final person to answer the question, also with a NO.  It is interesting to note that for several years, HERE, his great friend, Scott Baugh - they just traveled to Israel together as part of a group and he has shared office space with him for years  - has been an advisor for the sober living industry.  I guess we'll presume they never discussed that business.  Uh, huh...
KUDOS, AND THANKS...
Many questions were either not answered or incompletely answered, but Leedom promised to provide feedback to those interested once the answers are determined.  Good job to our friends and neighbors in College Park for hosting and conducting an outstanding event.

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Tuesday, December 09, 2014

Yellowstone Recovery Accommodation Denied, And More

 MARATHON WITHIN A MARATHON
At the Costa Mesa Planning Commission meeting that lasted seven hours and fifteen minutes last night, four hours and fifteen minutes were spent on one issue alone - the request from Yellowstone Recovery for a "Reasonable Accommodation" for their facility at 3132 Boston Way.  More on that in a minute.

POTPOURRI REPORT
Chairman Jim Fitzpatrick pulled Item #2 from the Consent Calendar for discussion, so Consultant Staffer Jerry Guarrancino provided a short report on several items previously requested by the Planning Commission.  They included a report on the Smartphone app, Costa Mesa Connect; Nuisance Abatement Ordinance, Sober Living Ordinances for R2 and R3 Zones and Motel Inspection Data.  You can read all the numbers in the staff report, HERE.

SOBECA PLAN
Resident, former councilman and recent council candidate Jay Humphrey - who remains engaged in municipal activities - pulled Item #3, the SOBECA Traffic and Parking study, for discussion.   Actually, he wanted to express appreciation for the information, but bemoaned the lack of similar studies for other vital parts of the City - the Westside and Eastside, for example.

SCOOTER SALES TO BE RESCHEDULED
The first Public Hearing, on a Scooter Sales Store, was taken off the calendar and will be re-noticed if it is ever brought back.

YELLOWSTONE RECOVERY APPEAL
Then, at 6:40 p.m., came the elephant in the room - Public Hearing Item #2, the request for Reasonable Accommodation by Yellowstone Recovery for their facility at 3132 Boston Way.  The staff recommendation was to uphold the denial of the request by resolution.  Four hours and fifteen minutes later, including breaks, the commission voted to uphold the denial.

THE YELLOWSTONE CASE
During the hearing - which was conducted more like a trial than a normal hearing, including having many of the speakers sworn-in - the lawyer (Steven Polin) for the appellant (Yellowstone Recovery) presented his "case" for approval of the appeal and, thus, permit Yellowstone to continue to operate a sober living home with 15 residents at 3132 Boston Way.  The maximum permitted is 6.  Before it began, though, Polin suggested that Commissioner Timothy Sesler had a conflict because he was part of a team put together by then-mayor Jim Righeimer to evaluate the Newport Beach sober living situation and Yellowstone had been part of that discussion.  He indicated that Sesler should recuse himself.  That prompted a short break while Deputy City Attorney Yolanda Summerhill consulted with Sesler.  The result was that Sesler - also a lawyer - felt he could be an objective and fair participant and the commissioners agreed.  He stayed on the dais.
ADDICTS AND SUPPORTERS SPOKE
Polin's presentation, in which he attempted to convince the commissioners that Yellowstone perhaps should be "grandfathered-in", included short speeches by a dozen current and former residents of the recovery home, plus two other supporters of the program - resident Grant McNiff (shown) and Richard Dumont of the Recovery Network.

RECOVERED AND RECOVERING
The comments by the recovered and recovering addicts were quite moving in many cases.  Each was sworn-in by the clerk before they spoke. Based on the body language of the crowd and reaction and comments by the commissioners, there were few unsympathetic people in the auditorium last night.
 HONEY

Owner of the home, "Honey" Thames, stepped up to address the commission to convince them of the value of the operation, and the value of having more than 6 residents at the site.  She failed to do so.

GERLI LED THE CITY TEAM
Elena Gerli led the presentation by the City Staff.  She presented a lengthy slide show, outlining the elements of the issue.  She outlined the law,  and described the request by Yellowstone.  Those slides are shown here.

 CONSULTANT
Additionally, the City also presented testimony by Patricia Shields, a lawyer, recovering addict and consultant, who apparently was being paid $2,500 by the City for consultative support on this issue.  She, in response to questions by Greg Palmer of the City Attorney's office, established her credentials, gave a work history and then provided an assessment of the situation.  The short version is that she, and other highly qualified persons who provided opinions, felt there was nothing demonstrated by Yellowstone that having 15 persons in a recovery home was necessary to the recovery when compared to the permitted 6 residents.

TUCKER, TOO
Code Enforcement officer Mike Tucker also aided in the presentation by providing a history of this home, which apparently dates back fifteen years at that site.  He discussed the history of calls for service at the site, including the most recent one which resulted in this action when a resident apparently jumped off the roof of the building into the swimming pool.

NEIGHBORS ANGRY
In addition, several members of the public, including some from the neighborhood in which the house is located, spoke to address the issue.  It turns out that the Yellowstone Recovery home is but one of four (or five-it was unclear) additional similar facilities close to it.


DENIAL UPHELD
After all was said and done, and following what certainly sounded like a threat of legal action by Polin near the end which upset at least one member of the commission - Colin McCarthy - the commission voted to uphold the denial of the request for Reasonable Accommodation and directed staff to work with Yellowstone to come up with a transition plan for the reduction of residents in the facility.  I suspect nobody left in the room expected that was going to go smoothly, but the commission gave the staff one month to work out a plan.
SADDLEBACK CHURCH AT 1901 NEWPORT BLVD.
Finally, at 10:55, the commission took a short break before moving to the next item and reconvened at 11:05 to discuss the proposal from Saddleback Church to occupy several spaces at the building at 1901 Newport Boulevard.  This issue has come before the commission previously and the last time was sent back for more work on a traffic and parking plan.

POTENTIAL BIG PARKING PROBLEMS
It turns out that was a good idea, because several issues were uncovered - like a shared parking arrangement with The Triangle to provide overflow employee parking for that venue.  Several people spoke to this issue, including the Pastor of the church, Moses Camacho and the minister from the adjacent United Methodist Church, Reverend Julie Elkins, whose church is diminishing and could close down if it looses members due to parking and traffic problems.  The discussion went on and on and it looked like Fitzpatrick and McCarthy were going to pull the plug on this request, but when the vote was taken it ended up 3-2, with Fitzpatrick and McCarthy voting NO, at 12:10 a.m.!

3-UNITS ON VIOLA PLACE APPROVED
Public Hearing #4 is the three-unit development on a skinny little lot on Viola Place.  After a half hour of discussion the commission voted 5-0 to approve the project at 12:40 am.

5-UNITS ON ORANGE AVENUE ALSO APPROVED
The final item on the agenda, Public Hearing #5, was a similar kind of development - 5-units on another skinny lot at 2661 Orange Avenue.  The developer made an excellent, and rapid, presentation and - even though this fell under the Small Lot Ordinance and had variances -  the commission voted, 5-0, to move the project forward.  An exhausted commission adjourned the meeting to the January 12, 2015 meeting.




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