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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: AUGUST 29, 2023
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: RESPONSE TO ORANGE COUNTY GRAND JURY REPORT
TITLED, “WELCOME TO THE NEIGHBORHOOD: ARE CITIES
RESPONSIBLY MANAGING THE INTEGRATION OF GROUP
HOMES?” AND DIRECTION TO THE CITY MANAGER TO
SUBMIT REPORT TO PRESIDING JUDGE OF THE ORANGE
COUNTY SUPERIOR COURT
ATTACHMENT (Y/N): YES ITEM # 09
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council, by Motion, approve and authorize the City Manager to execute the City Council’s response to the Presiding Judge of the Orange County Superior Court, prior to September 13, 2023 related to the 2022-2023 Orange County Grand Jury report titled “Welcome to the Neighborhood: Are cities responsibly managing the integration of group homes?”. The City Council’s approval of the proposed response will satisfy the requirements of California Penal Code Section 933(c).
BACKGROUND:
A Group Home, as defined by the Grand Jury Report, is a residential unit utilized to provide a supportive living environment to people meeting the legal definition of disabled, that is unlicensed by any State Agency, and where no medical care, services, or treatment can occur. It is a common term to describe uses such as those identified in the Anaheim Municipal Code as Community Care Facility – Unlicensed or Sober Living Home.
The Grand Jury Report sought to understand how jurisdictions are, or are not, managing the integration of group homes into existing neighborhoods.
CITY RESPONSE OBLIGATIONS:
The Grand Jury report made eleven findings and five recommendations applicable to all of Orange County’s 34 cities and the County of Orange. Each governing body has up to Response to Orange County Grand Jury Report Titled, “Welcome to the Neighborhood: Are Cities Responsibly Managing the Integration of Group Homes?”
August 29, 2023
90-days to respond following the publication of the Grand Jury Report pursuant to California Penal Code Section 933.
GRAND JURY FINDINGS, RECOMMENDATIONS AND CITY’S RESPONSE:
The City’s response to each finding and recommendation is provided below and in Attachment 2.
Findings
F1 Group homes too close to one another contribute to the problems associated with overconcentration.
City Response to F1: Anaheim agrees with this finding.
F2 Common nuisances are more likely and disruptive when sober living homes are concentrated in a small geographic area of a neighborhood.
City Response to F2: Anaheim agrees with this finding.
F3 Some cities have successfully addressed and informed community members about the challenges faced in regulating group homes.
City Response to F3: Anaheim acknowledges that public outreach with respect to group homes presents challenges but respectfully disagrees that broad community support exists for group homes based on the examples cited.
F4 Community satisfaction was minimal when cities took the traditional public comment approach towards addressing community complaints.
City Response to F4: Anaheim acknowledges that public outreach can occur in various ways but respectfully disagrees that any one specific method facilitates greater community satisfaction particularly when an issue is contentious. Specifically, with respect to the Grandma’s House of Hope Conditional Use Permit (CUP) referenced by the Grand Jury, in addition to a community outreach meeting held by the applicant to inform neighbors of the proposed project, there was an over three-hour discussion at the Planning Commission public hearing followed by an over five-hour discussion at the City Council public hearing. Written comments were also provided for both hearings. Although comments in opposition were in the majority, members of the public also provided verbal and written comments in support of the CUP. It should also be noted that Grandma’s House of Hope is not a Group Home as defined in the Grand Jury report, but rather is categorized as Transitional and Supportive Housing by State law and subject to separate regulations.
F5 Cities are not utilizing police, fire, and code enforcement complaints as a means of locating and tracking Group Homes.
City Response to F5: Anaheim agrees with this finding.
F6 Cities are inhibited from enacting and enforcing ordinances due to fears over the potential cost of litigation.
Response to Orange County Grand Jury Report Titled, “Welcome to the Neighborhood: Are Cities Responsibly Managing the Integration of Group Homes?”
August 29, 2023
City Response to F6: Anaheim agrees partially with this finding in that state and federal laws deter cities from enforcing their ordinances in a way that effectively protects the residents of the group homes and the neighborhoods in which they are located.
F7 Several cities have created an ordinance that requires a ministerial permit or registration to operate a group home, however many of these cities do not enforce their ordinances.
City Response to F7: Anaheim agrees with this finding with respect to the creation of a ministerial permit or registration. The City has an obligation, however, to enforce an adopted ordinance.
F8 City and County officials are deterred from regulating group homes by California Housing and Community Development’s housing element approval process.
City Response to F8: Anaheim agrees with this finding.
F9 Cities have historically strategized and acted independently in addressing group home challenges and solutions.
City Response to F9: Anaheim agrees with this finding.
F10 Well-operated group homes can integrate smoothly into neighborhoods.
City Response to F10: Anaheim agrees with this finding.
F11 There is a lack of regulatory oversight for the health and safety of residents of unlicensed group homes.
City Response to F11: Anaheim agrees with this finding.
Recommendations
R1 Orange County cities and the County of Orange should address citizen concerns regarding group homes by providing an opportunity for an open dialog where an interdisciplinary panel of subject matter experts can share with attendees the challenges cities are facing in the management of group homes. To be implemented by July 1, 2024. (F3, F4) City Response to R1: Anaheim agrees with this recommendation.
R2 By December 31, 2024, Orange County cities and the County of Orange should collaborate in their efforts to create ordinances for the regulation of group homes, including the development of model ordinances. (F6, F7, F9)
City Response to R2: Anaheim agrees with this recommendation.
R3 Orange County cities and the County of Orange should pool resources for defense of lawsuits challenging group home ordinances. To be implemented by July 1, 2024. (F6, F8, F9) City Response to R3: Anaheim agrees that benefits could be gained through a shared legal defense but note that in practice, this would involve complex negotiations and coordination among multiple stakeholders. Consideration could also be given to include additional lawsuits to defend other similar uses in residential neighborhoods where the lack of regulation and potential for overconcentration is a concern. Anaheim therefore respectfully disagrees with this Response to Orange County Grand Jury Report Titled, “Welcome to the Neighborhood: Are Cities Responsibly Managing the Integration of Group Homes?”
August 29, 2023
recommendation at this time but will continue to collaborate with Orange County cities and the County of Orange.
R4 The County of Orange and Orange County cities should create a Task Force that includes representatives from OC cities, unincorporated areas, and other entities as appropriate and charge it with the responsibility of developing a plan to generate awareness among State legislators and regulators of the need for improved regulations and management standards to ensure health and safety for Group Home residents. To be implemented by July 1, 2024. (F2, F10, F11) City Response to R4: Anaheim agrees with this recommendation.
R5 Orange County cities and the County of Orange should modify code enforcement report data collection forms to include a searchable field that enables the identification of a residence operating as a group home. To be implemented by July 1, 2024. (F5, F7, F11) City Response to R5: Anaheim agrees with this recommendation with respect to ensuring such a field is added to code enforcement case information. The City’s code enforcement is predominantly reactive in nature, limiting data collection to cases where this information is validated through the investigation of a complaint. To the extent that this data is collected in the normal course of investigation of a case, it would be searchable.
CONCLUSION:
The Grand Jury’s Report and the proposed response to the Honorable Maria Hernandez, Presiding Judge Superior Court, are attached for the City Council’s information. Upon approval of this memorandum by Council, the City Attorney will submit the proposed letter to the Presiding Judge of the Superior Court, as required by Penal Code Section 933(c).
IMPACT ON BUDGET:
There is no budgetary impact as a result of responding to this Grand Jury Report.
Respectfully submitted,
Ted White
Director of Planning and Building
Attachments:
1. Orange County Grand Jury Report
2. Proposed Letter to the Honorable Maria Hernandez