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HomeMy WebLinkAboutMINUTES - 05191992 - 2.6 9_ 4 TO: BOARD OF SUPERVISORS ..� 5 .:_L ..o� Contra FROM: Phil Batchelor, County Administrator Costa by John Gregory 2 County fUs T i•ct. DATE: May 19, 19 9 2 SUBJECT: Interim Report on Review of Issues Concerning_ Morehouse/Humore, Inc. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECONNUENDATIONS 1. Accept this report from the County Administrator as an interim status. report of continuing County staff review of concerns expressed by neighbors regarding the Morehouse/Humore, Inc. property. 2. Consider, actions related to this continuing review which include: a. Request that Morehouse/Humore, 'Inc. not expand its activities on the property until at agreement. has been reached with neighbors on appropriate actions to be taken to address concerns by each side involved in this matter. b. Request that the County Administrator set up a joint meeting no later than May 29 involving appropriate County staff representing Community Development, County Counsel, Health Services, Sheriff-Coroner and the County Administrator and representatives from both Morehouse/Humore, Inc. and its neighboring community area. C., Such a meeting be held at a neutral site agreeable to Morehouse/Humore, Inc. and the community representatives. d. Request that a report on that meeting be made to the Board at its June 9 meeting. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON May 19, lgg2 APPROVED AS RECOMMENDED OTHER X Staff advised that it had not yet been able to arrange the necessary meetings with the neighbors and Morehouse and Supervisor Fanden and requested that the matter be deferred. Good cause appearing therefore, IT IS BY THE BOARD ORDERED THAT further consideration and discussion on this matter is DEFERRED to June 2, 1992 to enable the County to arrange for meetings and disucussions between the neighbors and Morehouse. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: See Page 5 ATTESTED May 191, 1992 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY e. Request that the Sheriff ' s Department prepare a report on whether there exists evidence to suggest that public protection concerns and the level of incidents recorded are directly attributable to individuals who are involved in activities sponsored by Morehouse/Humore', Inc. and report back to the Board at its June 9 meeting. f. Direct the Sheriff ' s Department to contact the Walnut Creek Police Department for a report which details the incident history for the last 12 months for an analysis of whether such history demonstrates that criminal activity is occurring as a result of the Morehouse/Humore, Inc. operations and report back to the Board by its June 9 meeting. g. Request that as part of mitigation efforts, Morehouse/Humore, Inc. restrict its guests and/or visitors to use its private access exit on Geary Road to conduct their activities. h. Request that staff review whether Morehouse/Humore, Inc. has received donations or compensation and that the results be submitted in a written report to County Counsel' s Office for its analysis and report to the Board at its June 9 meeting. i. Request that the Community Development Department continue monitoring land uses on the site and determine whether there is any discretionary entitlement required from the County for operation of the Morehouse/Humore, Inc. property which would initiate a CEQA review, e.q. preparation of a Negative Declaration, and to report back to the Board by the June 23 , 1992 meeting. j . Request that Morehouse/Humore, Inc. provide access to County staff to determine continuing compliance with building, zoning, health and fire regulations; and that there be at least one inspection by each of the aforementioned departments and those findings be presented to the Board (delivered by June 5) for consideration at its June 9 meeting. FISCAL IMPACT The ongoing costs of this investigation are estimated to be $3 ,100. This is based on the following hours as indicated by the various County staff who are involved in this investigation: Hours Employed County Administrator 20 County Counsel 6 Building Inspection 10 Community Development 8 Sheriff-Coroner 6 Health Services 6 Fire Department 6 TOTAL HOURS 62 BACKGROUND/REASONS FOR RECOMMENDATIONS On May 5, 1.992 the Board of Supervisors, acting in part as a response to objections raised by concerned citizens in an unincorporated County area loosely identified as being between Lafayette and Walnut Creek and referred to as an operation called Morehouse/Humore, Inc. , requested that the County Administrator' s Office, in conjunction with the Building Inspection, Community Development, Health Services, Public Works, Sheriff-Coroner, Fire Departments and County Counsel, conduct an investigation of conditions surrounding the housing of homeless on the land owned by Morehouse/Humore, Inc. On May 12, 1992 the Board discussed a staff report concerning this matter and asked that a subsequent report be made at its May 19 meeting. Zoning and Land Use This property is located on approximately 16 acres of land which is zone R-20 ( single family residential; 20,000 square feet minimum parcel size) . Among uses allowed by County Code on Page 316 are the following: 84-14. 402. Use Allowed. The following uses are allowed in the R-20 district. ( 1) "A detached single family dwelling on each lot and the accessing structures and use normally auxiliary to it; " Neighborhood opinions have been presented to the Board that the current use of the facility to house homeless persons requires a land use permit and/or public hearings. Under Section 84-4. 404, Uses Requiring Land Use Permit: 4. Community buildings, club, and activities of a quasi- public, social, fraternal, or recreational character, such as golf, tennis and swimming clubs and veterans ' and fraternal organizations. Staff does not find that a license is warranted since no connection has been made to show that the use of the dwellings are for anything other than private use. Fire There have been high weeds and grass which are potential fire hazards and need immediate removal in and around the tents located on the property. Building Code Subsequent visits to the Morehouse/Humore, Inc. facility do not find that the tents violate County building code and are used for sleeping only. Health Code Senior health inspectors do not find that there are recognizable sanitation problems arising from the public excrement of bodily waste. However, from the number of tents ( 10) , it is the Health Service Department' s assessment that more portable toilets must be available for use by guests of Morehouse/Humore, Inc. The County cannot license the number of persons residing in a single family residence. The guests of Morehouse/Humore, Inc. are not subject to a commercial licensing procedure. CEQA The Board has expressed concerns due to the large number of people which are alleged to be the Morehouse/Humore, Inc. facility that an Environmental Impact Report (EIR) or other environmental documents pursuant to the California Environmental Quality Act (CEQA) needed to be prepared. The California Environmental Quality Act requires that public agencies in California comply with the provisions of the statute prior to deciding to approve or carry out a project. In the course of compliance with CEQA, the agency is required to determine if the activity is a project within the meaning of CEQA, and if so, whether the project is exempt as a statutory or categorical exemption. If not, an initial study must be prepared to determine whether the project qualifies for a negative declaration (a finding that the project will not have a significant effect on the environment) or whether an Environmental Impact Report must disclose the potentially significant, adverse effects expected to result from project approval. The EIR must also disclose feasible mitigation measures to reduce or eliminate the anticipated impacts, and discuss a reasonable range of alternatives which would be capable of carrying out the project' s objectives, while producing less significant impacts. The Community Development Department' s initial review of this matter indicates that there is no discretionary entitlement request before the County which would trigger the requirements for compliance with CEQA. Given that the County has no decision to make, and is not undertaking the activity itself, CEQA does not apply. In the event that further analysis reveal the requirement for a discretionary permit from the County, the procedure outlined above would be followed, as it is in all other requests and entitlement cases. Therefore, a request to the Community Development Department to formally investigate whether there is a significant impact on the environment and that a significant impact on the environment and that a "Negative Declaration" is appropriate is warranted only if there is a discretionary project or permit approval which the Morehouse/Humore, Inc. must obtain from the County. Law Enforcement Concerns were also expressed that police activity for the area have been heightened for the area because of activities associated with Morehouse/Humore, Inc. Following is a report from the Sheriff- Coroner on an incident history for 90 days for the Morehouse/Humore, Inc. facility, adjoining property and roadways. DATE INCIDENT TYPE 02/08/92 Service to Citizen 02/09/92 Trespass 02/11/92 * Service to Citizen 02/11/92 Service to Citizen 02/11/92 Service to Citizen 02/14/92 Service to Citizen 02/18/92 * Trespass 02/22/92 Patrol Request 02/22/92 Disturbance of the Peace 02/23/92 Disturbance of the Peace 03/03/92 Service to Citizen 03/16/92 Disturbance of the Peace 03/18/92 Miscellaneous 03/18/92 * Dependent Child 03/19/92 Service to Citizen 03/20/92 Service to Citizen 03/25/92 * Civil Matter 03/28/92 * Corporal Injury of Spouse 04/10/92 Service to Citizen 04/14/92 Service to Citizen .04/15/92 * Trespass w/Motor Vehicle 04/15/92 Warrant Attempt 04/19/92 Disturbance of the Peace 04/23/92 Service to Citizen 04/23/92 Service to Citizen 04/24/92 Service to Citizen 04/24/92 Petty Theft - from Building 04/25/92 *Petty Theft - from Building 04/26/92 Service to Citizen 04/26/92 * Malicious Mischief 04/26/92 Service to Citizen 04/28/92 Disturbance of the Peace 04/28/92 Patrol Request 04/29/92 * Malicious Telephone Calls 04/30/92 Civil 05/05/92 Suspicious Circumstances 05/07/92 Suspicious Circumstances TOTAL INCIDENTS = 37 * Indicates a report was written;' otherwise no written report is on file. Walnut Creek Police Department was contacted on their activity for the area surrounding Morehouse/Humore, Inc. and they reported 72 incidents since January 1991. These were termed as public service reports which are generally considered as non-criminal and although investigated no permanent policy reports are filed. There have been other matters for which reports have been written which were individual cases of trespassing, noise abatement drunkenness, and two warrant arrests, two reported vandalism cases since January 1992. Unfortunately, additional details were not available from the police staff but will be included in the follow-up report to be issued June 9. Orig. Dept. : County Administrator cc: Sheriff-Coroner County Counsel Building Inspection Community Development Morehouse/Humore, Inc. via CAO Health Services Public Works