1999 JUL 20 REG MIN - Laserfiche WebLink

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Motion/second by Mayor Gaytan/CM DeLaRosa to advance the item for discussion at this time carried with no opposition to the motion. Mayor Gaytan acknowledged the presence of School Board Member Ray Abril and Assistant Superintendent of Schools Dennis Valles. City Attorney Carvalho identified the issue as a special need for housing in a residential area and residents were opposed. She informed that federal/state regulations applied and provided special protection to such housing. She cited pertinent cases and advised that cities could not impose moratoriums on group homes and could not impose extra standards on group homes. She said that no conditional use permit requirements could be imposed on group homes. She then presented a chronology of events, prepared by the Community Development Department. Discussion flowed on the concern for a safe community, directions to staff, the school district, and strong neighborhood sentiment and demands. The following citizens opposed the opening of the group home: Juliet Oliva, Eva Gonzales, Martha Macarro, Rachel Reynosa, Laura Villareal, Kevin Sampson, Lupe Vega, Armida Draper, Frank Gonzales and Cynthia Ramirez. Administrative Director Lawrence Hampton provided the purpose and background of the PAL program. Mr. Hampton declared that PAL had no intention of coming to the Canary Street property. It was not coming to Colton. City Attorney Carvalho advised that under State law, cities were mandated to provide and encourage the development of sufficient numbers of alcohol or drug abuse treatment facilities in their communities. She encouraged the residents to write letters to their legislators and inform them of their opposition and insist that Cities be given control over these types of issues. MOTION/VOTE: After discussion, motion was made by Mayor Gaytan, seconded by CM DeLaRosa, directing Staff to draft a resolution notifying State officials of the City's opposition to this type of land use in R-1 areas; to prepare an urgency ordinance, to become effective immediately, that would allow determination of such sites in this community, citywide; to put the homeowner of the subject address on notice that any future activities requiring a permit would require full disclosure and that staff would not allow further expansion of that property other than what was previously approved. CM Bennett asked that methadone clinics be included in the ordinance. City Attorney Carvalho summarized the motion: Staff was directed to prepare a resolution notifying legislators that local officials and citizens opposed these types of land uses. Staff was directed to develop a strict ordinance regulating types of uses and to set a meeting with the homeowner to discuss existing violations and permit requirements. Also, Staff was directed to explore the ability to regulate detoxification clinics. Staff requested authorization to file any injunction or obtain a court order if the present matter unfolded. Finally, Staff was directed to include the issue of providing notice to the residents, within 1,000 feet, whenever a residence of this nature was established, once the community was informed. City Council Mins July20, 1999 2