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Minutes 05-03-16MINUTES IF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, MAY 3, 2016, AT 6:30 P.M. IN CITY COMMISSION CHAMBERS 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steve Grant, Mayor Mack McCray, Vice Mayor Justin Katz, Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Judith Pyle, Interim City Clerk Invocation - Rev. Rick Riccardi, Police Chaplin Pledge of Allegiance to the Flag led by Mayor Grant Agenda Approval: 1. Additions, Deletions, Corrections Jim Cherof, City Attorney requested tabling Item 8A, approval of a negotiated settlement agreement to the next meeting, and at the next meeting conduct a closed -door session for Fitting and Fitting vs. City of Boynton Beach. Present at the closed door session would be Attorney Cherof, the Assistant City Attorney, the City Manager and members of the City Commission. Motion Vice Mayor McCray moved to table. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Motion Commissioner Katz moved to add a closed -door session for the above case. Vice Mayor McCray seconded the motion. Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 Vote The motion unanimously passed. Mayor Grant requested hearing Item 12.13, R016-067 before hearing Item 12.A, the Community Redevelopment Agency Board. 2. Adoption Motion Commissioner Casello moved to approve the agenda. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor McCray attended the Chamber of Commerce Luncheon and the Business Development Board (BDB) Economic Forum, the recognition of the Fire Department by Delray Beach Medical Center, the Schoolhouse Children's Museum Bash, the Inside Out project at Boynton Beach Community High School, the League of Cities Luncheon, Elected Officials Workshop, and the Development Orientation and Economic Development Workshops. He attended three ribbon cuttings for REM Logitec Inc., Clutch Dry Cleaners and two homes on the Model Block and Poinciana Gardens. Commissioner Romelus met with Isram Realty, representatives of BIG and INCA, Mat Forest with Ballard Partners, Related Urban Group and attended the Development Orientation Workshop, an Economic Develop Workshop, and League of Cities event. Yesterday she attended a sober home roundtable hosted by U.S. Representative Lois Frankel and several municipalities were present. The unanimous consensus was municipalities were frustrated they cannot protect its citizens, regulate sober homes or have federal backing. Congresswoman Frankel understood how cities feel and will do something stronger to advance the cities position so citizens will feel safe in their homes. She was looking forward to continue working with Congresswoman Frankel to further the initiative. Commissioner Casello attended a Coalition of Boynton West Residential Association meeting, the BDB Economic Development Forum, had lunch with the Human Resource Department, attended the 11th Annual Chili Cook -off and Boynton Beach Firefighters' 2 Meeting Minutes City Commission Boynton Beach, Florida 3, 2016 Fishing Tournament and was a judge. He attended the Boynton Beach Community High School program regarding homeless teenagers. Commissioner Casello was unaware of how widespread the issue of homeless teenagers was. They have no place to call home, but they continue to go to school. Some of the stories he heard nearly brought him and the Vice Mayor McCray to tears. He attended the League of Cities, and was nominated for the League of Cities Executive Board and will represent Boynton Beach. He attended the South Central Regional Wastewater Treatment Plant Board Meeting, attended the Development Orientation Workshop and the sober home roundtable and advised there were more questions than answers at the meeting, but he believed they were headed in the right direction. He thanked Senator Clemmons for his leadership on the issue in Tallahassee and Representative Lori Berman. He thought there should be parameters and guidelines about what can be done on the local level. He and Commissioner Katz went to the Palm Beach County Commission meeting and spoke about the one cent sales tax they are requesting be on the November Ballot. The initiative will bring almost $4 million annually to Boynton Beach to be used for the City's Capital Improvement Projects. Commissioner Katz met with the Related Urban Group regarding the Low Income Tax Credit program for the Ocean Breeze East development and advised they will return. When he attended the County Commission meeting, the County altered the language for the tax referendum which will return to the School Board and municipalities. He attended the Development Orientation and Economic Development workshops. He and Commissioner Casello attended the Annual AFL-CIO Workers' Memorial Day, which is an event honoring those who went to work and lost their lives on the job during the past year. He advised cities need to ensure workers are protected at all times. Mayor Grant advised he attended the St. Joseph Episcopal School Business Day event. Fifth grade students had businesses and had to earn money throughout the year and buy products and food from other classmates. On Thursday he attended an Economic Development Forum, the Metropolitan Planning Organization, recognized the Fire Department at Delray Medical Center, toured Fire Station No. 5 and welcomed the new Fire Chief. He attended the Senior Volunteer Party at the Senior Center and attended the Crosspointe Elementary School Earth Day planting a butterfly garden and Boynton Beach High School Earth Day events, and the Fireman's Fishing Tournament that had over 120 boats. It was a charity event that made a lot of money. The Chili Cook -off was good and they caught a lot of big fish. He attended the Inside Out project, the League of Cities monthly event in Riviera Beach and visited Newcomb Hall in Riviera Beach; a more than $38 million project. He spoke with CRA employee Ambassadors to inform residents and tourists of activities in Riviera Beach. He attended the ribbon cutting for homes on the Model Block and attended FAU where students gave the City's development team their ideas of what Boynton Beach should look like. He attended the Development Orientation Workshop and the Amanda James Gallery First Year Party and the Rally for Justice for Corey Jones. 3 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 Mayor Grant commented when he made his inaugural speech on May 19th, he got help from John F. Kennedy's inaugural address. He apologized for not making that known sooner. He also attended the sober home meeting and commented there is no mention of sober homes in a joint statement from the Department of Justice and the Housing and Urban Development (HUD) Division. Under the Fair Housing and the Americans with Disability Acts, it is discriminatory to call a group home a sober home. Mayor Grant agreed calling a sober home is discriminatory to him because a sober home is a treatment facility for mentally and physical disabled individuals with a mental disability called addiction. They have to work together to solve the disability. Trying to exclude them from neighborhoods violates the ADA Act because the act limits anyone from excluding someone who is disabled. The goal is to regulate all group homes including the homes that treat disabled individuals and those that do not. He agreed with Commissioner Casello regarding homeless students. Living in a safe environment in a group home would improve their lives. He looked forward to working with the Commission to form new regulations for group homes. Commissioner Casello commented on the photos pasted on the sidewalk of City Hall. Some of the children in the pictures are homeless. He did not know who they are, but commented the City has to do better as a community to identify these youth and work with the agencies to help the youth lead better lives. He thought the youth should be given credit for handling a home life and going to school to get an education. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Representative Lori Berman and Senator Jeff Clemens would like to present a 2016 post legislative session update to the City Commission. Lori Berman, State Representative, representing Delray Beach and some of Boynton Beach welcomed the new Mayor and Commissioners and noted the attendance was good. She advised this year they had an $80 billion budget and Boynton Beach received $50,000 for the Boynton Congress Avenue Park and $13,000 for the Schoolhouse Children's Museum. She gave a report on issues that are now prohibited and advised individuals cannot have a backyard gun range in a residential area having a density of one or more dwelling units per acre. Tallahassee prohibited the use or sale of Styrofoam products. If the Police use body cameras, there are certain regulations that must be followed. There were 272 bills passed this session. There were three constitutional amendments that will be on the ballot from the State plus any ballot amendments requested from citizens. Two ballot questions will be on the November ballot. One was property tax exemptions for first responders that are disabled in the line of duty. The amendment needs 60% of the vote to be enacted. Homeowners 65 years of age or older, having a home less than $250,000 and making $20,000 or less a year are eligible for a property tax exemption. It locks the home's value at $250,000. In Miami Dade, the home values were escalating and the owners could not afford to stay in the property. The third amendment passed will be on the August ballot, because there will be another amendment on the same issue on the November ballot and they V Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 did not want the issue to be confused. If solar energy is installed on a commercial property, the Property Tax Appraiser cannot increase the value of the property by the addition of the solar. Ms. Berman explained the Property Appraiser can still increase the property tax if the property is improved, but cannot increase it due to the solar panels. Ms. Berman supported the amendment to encourage more businesses to have solar panels and hopefully the panel cost will decrease. In August, there is a utility sponsored amendment for solar panels State Senator Jeff Clemmons congratulated the Mayor and Commissioners on their election. He advised he represents District 27 and it was a good year, having the least partisan legislative session they have had in a long time. One bill that did not pass was fracking. Another pre-emption bill was a bill that would have told the City when they can hold their municipal elections. Senator Clemmons advised for the last 100 years, cohabitation was illegal in the State of Florida. State Statute calls sober homes, Recovery Residences. A year ago, passed he passed a recovery bill but it did not do enough and progress was slow. He commented there is no treatment in the Recovery Residences; rather, it is a place where recovering individuals live. As such, it is protected by the ADA and Fair Housing Acts. Senator Clemmons advised the bill will lead to something good. In 90 days, HUD will issue a new joint statement that will define how the residences will work. He hoped they will define the difference between someone going through addiction and someone who is making a profit from it. As to redistricting, the League of Women Voters sued the State for the last five years about how they draw Legislative and Congressional districts. He and Representative Berman voted against the matter because they thought it was unconstitutional and the Court agreed. They redrew the lines again and voted against it for the same reason and the courts again agreed with them. This year, the State accepted the League of Women Voters maps. Presently the State House maps were unchanged. The Congressional maps had some changes for Representative Deutsch and Frankel. Senator Clemmons had previously represented a small portion of Boynton Beach and Delray Beach, but he will now represent the entire cities of Boynton and Delray Beach. His office is in Downtown Lake Worth and Representative Berman's office is in the Children's Services Council. Commissioner Casello thanked them both for their hard work and commitment to the area. He looked forward to Senator Clemmons being Boynton's Senator and commented Representative Berman has been stellar. B. Hear brief presentation on 2016 legislative session from city lobbyist, Mat Forest, of Ballard Partners, Inc. Mat Forest, Ballard Partners Inc., advised the City is well represented in Tallahassee and their legislators are attentive to the needs of the City. Last year, they were able to fund a water project for around $300,000. This year an $800,000 water project for the City was allocated in the budget. Mr. Forest speaks to the Legislature on behalf of the City and monies are put in the budget; however, this year the Governor vetoed the 6" Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 water project. Mr. Forest noted water projects are highly competitive. There were 473 projects submitted in the Water Project Category this year requesting $674 million and only 131 projects were funded. Boynton Beach is always well poised to receive those funds and he will push for them in the future. Mr. Forest spoke about the Florida Recreation Development Assistance Program grant application noting for the last few years, Ballard Partners was pushing a project for the City in the large project category, but the small project category covers more projects. Mr. Forest worked with staff and fine-tuned the application to submit both a large and small project application, resulting in $50,000 for Congress Avenue Barrier Free Park. The project ranked 51 out of 132 projects. He thanked City staff for meeting with him and defining the City's needs. Mr. Forest advised the Red Light Camera bill continues to be an issue for the House to repeal and Senate to say no. The legislation was anticipated to return next year. Mr. Forest pointed out this year is an election year and many legislators will change. He also pointed out no one is a bigger proponent for regulations to deal with recovery residences than he and Senator Clemmons continues to move the issue forward. Another bill would allow the election date for local municipalities to be determined by the State or County. The measure passed the House, but died in the Senate and Mr. Forest thought the bill would return. He noted legislation often takes several attempts before being enacted. Next year, session will take place in March and run for 60 days. The next time the Legislature will be in an organizational session is November 22"d. Due to the redistricting, the entire House and all of the Senate was running for election in November. There are over 40 open seats in the House and 19 to 20 open seats in the Senate. He proposed the Commission think of next year's session as a fresh start and clean slate. Vice Mayor McCray commented the amount of money they spend for a lobbyist was well worth it. Commissioner Casello agreed. Mr. Forest brought more dollars back to Boynton Beach than was ever thought possible. C. Presentation on the successes of the City's award-winning Historic Preservation Program by Warren Adams, Historic Preservation Planner, in conjunction with recognizing National Preservation Month. Warren Adams, Historic Preservation Planner, explained each year towns and cities celebrate Historic Preservation Month. This year, the Board opted to make a presentation about the success of the program. Board member Jason Shaffer and Vice Chair Eric Salomonsson created a short video which was viewed. The program has generated significant grant funding and donated services, boosted Heritage Tourism and received State recognition. Three educational brochures, developed and financed by the Boynton Beach Historical Society and the National Trust for Historic Preservation, detailed the benefits of historic preservation and explained how the program works. 101 Meeting Minutes City Commission Boynton Beach, Florida 3, 2016 A Historic Preservation Board was formed, design guidelines were created, and the City became a Certified Local Government (CLG) to open up funding opportunities. Interest in the program increased and significant historic sites within the City were added to the Boynton Beach Register of Historic Places. There are eight sites on the Local Register and two sites on the National Register. The program used technology to provide information on the City's history and has been fully funded through non-matching grants. Phase I established the Downtown and Cemetery Heritage Trails and furnished information with informational boards and trail brochures. The boards and brochures have QR codes linking users to an interactive website when scanned with a mobile device. Online contact contains additional information, interactive maps and details of burials in the City. Phase II established a cultural resources mobile application that includes information on over 170 cultural sites in the City. Work will start on Phase III which will establish an interactive website focusing on the City's Black History. The City partnered with FAU to conduct a ground penetrating radar survey of Barton Memorial Park Cemetery. The work was done without charge by University students. The Heritage Education Program contributes to Heritage Tourism through Heritage Cemetery Tours and the annual Conrad Pickel celebration, a renowned stained glass artist who lived in the City. The City is working with the Boynton Woman's Club to restore the doors and windows. City staff donated their time and a $50,000 grant from the CRA was used to obtain a Special Category Grant of $143,000 for essential repairs to the National Register site. Historic Preservation also assisted in the home designs for the Model Block Program. The program has been featured on the "Inside History" TV show. The Florida League of Cities awarded the City first place in the Florida Municipal Achievements for the Teaching Your City's History and Heritage Category. Mr. Adams explained the program leveraged over $300,000. Being a CLG has helped the program and obtained grants. Mr. Adams announced anyone with information and oral histories related to the HOB area should contact him. He will try to organize community meetings and they will scan the documents and photographs on site. The most recent grant award was nearly $33,000 and it did not require a match. All three grants received were ranked first, second and third in the State with no match. The majority of the money stayed with the City because ITS did the work. Vice Mayor McCray thanked Mr. Adams and commented he frequents the Senior Center. Another patron, Mr. Sims would be a good person to contact about the project. Ms. LaVerriere praised Mr. Adams and advised he has been a leader working with the Historic Preservation Board and staff. The City's program, quite possibly, is the leading program in the State of Florida and won State awards from the Florida League of Cities. D. Proclaim May 2016 as National Mental Health Month. The proclamation will be accepted by the Boynton Beach Mental Health Committee. 7 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 Mayor Grant read the proclamation. Former Mayor Hay, Gerta Kline and Margret Newton were present. Mr. Hay explained the Boynton Beach Mental Health Committee thanked the Mayor and Commissioners for recognition of Mental Health Month and their support of the Committee. One in four people have some type of mental health condition. One local pastor had an encounter with someone who was mentally challenged and handled the situation correctly because he attended an informational workshop. He recognized Reverend Dames, the chairperson of the Boynton Beach Coalition of Clergy. As leaders in Boynton Beach, education is their main goal of where to go for help. Mr. Hay suggested when thinking about discretionary funds, the Commission think about the Committee as they are doing something in Boynton Beach that has not been done before. The Committee was now working with West Palm Beach and Mr. Hay explained mental health is an item that was swept under the rug for too long. He thanked all for their support. E. Hear a presentation by Boynton Beach Community High School's visual art students, and their instructor Gwenn Seuling, on the Inside Out Project. Boynton Beach High School student, "Mara" explained the students were working on the Inside Out project raising awareness for homeless teens. Students took about 38 portraits of their peers from the school and pasted them at City Hall. She thanked Ms. Seuling for her support of the program and the Boynton Beach High School administrators. Mayor Grant thanked the students for their efforts and looked forward to helping them improve their lives in the future. Flyers were in the back of the room and in the lobby and donations to local agencies to help students were welcome. Iraida Loerhing, Career Academy Coordinator, thanked the City Commission for their support and commented the effort was prevention and displaced students. She invited all to visit the school and she would arrange for a tour. Ms. Loerhing thanked Ms. Coles-Dobay, Public Art Manager for her assistance with the initiative. Vice Mayor McCray commended Ms. Loerhing and her husband for taking students into their home. Commissioner Casello inquired if the program was a 501(c) (3) and learned it was. . Commissioner Romelus asked how homeless students were identified. Ms. Loerhing responded the students who are with her, are the ones who spoke in the news and they came to her. The assistance is confidential at the school, but if anyone wanted to help, they could assist. Christ Fellowship has helped out with food donations. Staff builds relationships with the students and the truth comes out. "Carmen" a student announced she was one of the students that used to be homeless. She has a house, but it is not her home. She spoke up because she knows all about feeling all alone. She confided in one other student that she trusted that she was homeless because she did not want to be judged. She commented teenagers are not supposed to be homeless. They are supposed to be in school, happy and having fun. 0 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 Instead she worries where she is going to sleep or what will happen next. The students need help. Carmen noted there is assistance for individuals with mental, drug or pregnancy issues, but nothing for homeless teenagers. Carmen requested the City build a home for them. Commissioner Romelus praised Carmen and expressed how proud she was of her for speaking. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Ivan Janker, a Boynton Beach resident for 18 years was concerned with the lack of Police Department leadership. An April 4, 2016, article on Gossip Extra.com with an update published a few days ago. The article indicates in June 2013, Detective Gabriel Albala was caught in an undercover online sting operation, but in this instance, it was the Police Department's own undercover sting. Detective Charlie Ramos was posing online as a 15 -year old boy in an effort to capture sex predators who prey on young children. Detective Albala, while on duty sent graphic and sexually explicit photographs of his genitals to Detective Ramos. Chief Katz was the Lieutenant in charge of Professional Standards, which is needed for accreditation and Detective Albala was the accreditation officer. Lieutenant Katz became the Police Chief while the pictures were being circulated. Chief Katz never gave a public statement or referred the incident to an outside agency. He questioned where Chief Katz' transparency and responsibility was. Detective Albala was given a written reprimand for conduct unbecoming while using social media while on duty. He thought it was an egregious and atrocious act by a public official. He opined it was under wraps to ensure the new chief's position. David Katz, 67 Midwood Lane, spoke about plagiarism. He commented Mayor Grant plagiarized John F. Kenney and it was not an innocent mistake. He asserted of the 183 words he spoke only nine were his own. He opined Mayor Grant admitted to the matter because he got caught. Mr. Katz contended Mayor Grant failed at the high school level and failed or was kicked out at the University level. Mr. Katz pointed out a principal in West Boca lost his job for plagiarizing a commencement speech. Don Kree, 630 Castillo Lane, attended the Town Hall meeting at Colonial Club and thought the City's Ordinances relating to residential use projects were ineffective and unenforceable. He presented Ordinance 14-13 from the City of Costa Mesa, California, and advised as of last month, a Federal Judge agreed the City the Ordinance was valid and enforceable. He wanted the City Manager and Code Enforcement to review the Ordinance which pertained to recovery homes. Mayor Grant thanked him for researching the matter. Mr. Kree wanted to speak to the City Commission and forming 4 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 an Ordinance Advisory Board to rewrite antiquated Ordinances was suggested. Mr. Kree thought the City could model itself after the Ordinance. Minister Bernard Wright, 713 NW 2"d Street, apologized to Vice Mayor McCray for his behavior towards him in the past. He congratulated Warren Adams for establishing and preserving history. He advised he is the great grandson of Robert E. Wells and the Boynton Colored Town project will be a great success. He thanked Mayor Grant for participating in his radio show and noted the Mayor walks his dog in Cherry Hill, which was a peaceful area. Mayor Grant commented he was speaking with the CRA to have a Friday Night Lights at the John Denson pool, and cleaning and keeping Sara Simms Park open late. Herb Suss, 1711 Woodfern Drive, gave a summary on climate change noting deforestation, methane gas buildup, atmospheric carbon dioxide, soil erosion and other toxic effects of climate change. He noted the human population tripled since WW II. The waters of northern Alaska have dropped and the world's population was expected to grow from seven billion to nine billion people. He inquired about the Mayor's pledge and suggested speaking with the City Manager and letting her know about it. By 2070, all will be in trouble and the Governor does not believe in climate change. He hoped all the politicians that do not believe in climate change would and it is a criminal offense to the population to not take climate change seriously. It is already ruining golf courses across the country. Matt Burger, 221 SW 6th Street, applauded Herb Suss for an issue that was occurring and he thought the City would be foolish not to acknowledge the matter. He advised he lives in Lake Boynton Estates which is the oldest established community in the City. The neighborhood was threatened nine years ago by a project that would have put 1,200 trucks in the neighborhood a day. The community got involved and made signs. A few weeks after the signs were installed on private property, a Code Enforcement Officer removed them. A different project was now occurring and the City was required to notify the neighborhood. The developer printed letters, put them in an envelope and delivered them to a community across 1-95, not to the neighborhood. He thought it was not an accident. This time, the neighborhood received notice of the project by a City notice sent in a private developer's envelope. He questioned why staff could not use City envelopes and he left copies of the envelope to review. Carol Mahoney, 737 SW 1St Avenue, a 20 -year resident, was part of the first proposed truck route and commented the current project would have a negative effect on the neighborhood. She found it stunning that the neighborhood had to keep coming to the Commission each year explaining why the project was not good. Another developer comes to the City, throws money at them and the City approves it. She debated the City's mission statement to create a sustainable community by providing exceptional services in a financially responsible manner. In 2007, she received a phone call from a City lobbyist who is now on the Planning and Development Board, asking her to raise money to give to him to turn the issue to the community's advantage. The project was mi Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 abandoned without any payment made. Her daughter said it is bribery. She proposed one would not have to follow the money too far as the individual was in the audience. Tom McClure, 2004 South Federal Highway, President for Boynton Coalition for Responsible Development, recognized the citizens wearing white tee shirts in opposition to the development of a 10 -story high rise project, who were in the audience. He attended a meeting with City staff about the project and thought staff was excellent, but operating with a broken procedure. There are so many plans within the City that developers do not know what plan to put forward and have to ask for variances. He was still underwhelmed by Isram Realty. They continue to pursue the project and inform citizens that they cannot make any money unless the building and zoning codes are waived. Mr. McClure commented this was not how they want the City to operate. Linda Morton, 641 Riveria Drive, advised she is an 18 -year resident of the City and has a business. She advised there are three recovery homes on her street, those being next to her, across the street and down the street. She understood the home residents have rights and the matter would take time to resolve, but thought while the rights of recovering people are supported, hers were diminished. She understood the home across the street accommodated 15 people and thought the City must have regulations about the number of residents in a home and about certification of the homes. Ms. Morton commented there is no guidance or supervision at the homes. Residents sit outside at night smoking cigarettes, throwing them in the canal, and leave bottles and beer in the street. She implored the City to work with State and local officials regarding the supervision of the homes. Her neighborhood has completely changed and she inquired how to get more involved. Mayor Grant responded the Commission needed public input so the Commission will learn which Ordinances the City has that need to be fixed. He commented the Commission will make public safety a priority in Boynton Beach. Ms. Morton commented she had reported noise to the Police several times, but she was fearful of retaliation. She had not reported drinking to the Police. She commented last night at 10 p.m., one man was walking up and down the street singing at the top of his lungs by himself. One of her neighbors indicated he would try to video another incident. Susan Horn, 1 Colonial Club Drive, No 104, thanked former Commissioner Fitzpatrick for listening to her as land was eroding at Jaycee Park impacting her property. She advised on Monday, the City constructed a wall and filled the land up with rock. Ms. Horn explained she met Minister Hay and Vice Mayor McCray years ago. She started a prison ministry and helped Commissioner Casello buy a home. She moved to the area in 1990 and had been homeless, but a woman at Colonial Club allowed her to stay with her. She has been a realtor for 18 years and was in the medical field for 10 years. She was very proud of the City's Mental Health Initiatives and upset the Sheriff would not allow civilians to offer programs at the jail. Inmates are in solitary confinement for years waiting to go to trial. She implored the Commission the Committee's next rehabilitation effort should start with the prisons, because inmates are being released to the 11 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 mainstream population though halfway homes. There are many individuals willing to go into correctional facilities to help inmates start changing their lives, but are denied access. Harry Woodworth, 685 NW 15th Place, President of INCA, thanked the City Commission and staff as they invited INCA to the Development Orientation Workshop regarding the Riverwalk project and keeping them informed. He liked that Colin Groff was a new Assistant City Manager. He commented there is hate mail circulating and issues at Yachtsman Plaza. He requested the City review the issue. He also advised INCA was reviewing their Charter and would join with other neighborhood associations. They contacted the Boynton Intracoastal Group and were working with the Coalition of Clergy on issues and programs of mutual interest. Mayor Grant closed public audience. 5. ADMINISTRATIVE A. PROPOSED RESOLUTION NO. R16-065 - Appoint a City Commission representative and alternate to the Palm Beach County League of Cities Motion Vice Mayor McCray volunteered as he had free time. Commissioner Casello seconded the motion. Vote The motion unanimously passed. It was clarified Commissioner Casello would be an alternate as he votes for the large cities and he can vote for the City. Motion Commissioner Katz moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. B. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Building Board of Adjustments and Appeals: 2 Alts 12 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 Education and Youth Advisory Bd: 1 Stu NN Historic Resource Preservation Bd: 3 Regs and 2 Alt. Library Board: 2 Regs Recreation & Parks Bd: 1 Reg Senior Advisory Bd: 3 Regs and 2 Alts Mayor Grant announced the Historic Resource Preservation Board applicants. Motion Commissioner Katz moved to nominate all three. There were no objections to the nominations. Cheryl Black, Eric Salomonsson and Hollis Tidwell were appointed to the Historic Preservation Board. Vote The motion unanimously passed. Mayor grant announced Library Board applicant Kerry Ann Fletcher. Motion Commissioner Romelus moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Kerry -Ann Fletcher was appointed as a regular member on the Library Board. Motion Commissioner Katz nominated Julie Mondello as a regular member on the Recreation and Parks Advisory Board. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Katz nominated Andrew Richardson. Vice Mayor McCray seconded the motion. 13 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 Vote The motion unanimously passed. Andrew Richardson was appointed as a regular member on the Senior Advisory Board. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R16-066 - Authorize the City Manager to sign a contract agreement with Waterblasting, LLC for the removal of lime sludge buildup from the South Softening Clarifier located at the East Water Treatment Plant. The total expenditure for this service is $9,750. B. Accept second quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY15-16. C. Donate $5K from federal forfeiture funds to Gulf Stream Council - Boy Scouts of America. D. Authorize the purchase of Avaya network infrastructure equipment from RONCO Communications in the amount of $40,222.86, utilizing pricing from the State of Florida - NASPO Contract #43220000-WSCA-14-ACS Avaya NASPO # AR603. E. Accept the Fiscal Year 2015-2016 Budget Status Report of the General Utilities Fund for the six (6) month period ending March 31, 2016. F. Approve the minutes from the Regular City Commission meeting held on April 19, 2016. Mayor Grant commented the General and Utility Funds are ad valorem taxes which were up 10% from last year. The City made an extra $2 million dollars. Motion Vice Mayor McCray moved to approve the Consent Agenda. Vote The motion unanimously passed. 14 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 7. BIDS AND PURCHASES OVER $100,000 A. Authorize the City Manager to approve, under an emergency basis, repairs and replacement of HVAC units at City Hall, Sims Center and the Madsen Center in the amount of $179,620.75 per the attached Memorandum #16-004. Mayor Grant wanted to pull the Madsen Center from this item. Ms. LaVerriere explained the City has allowed a community theater group to use the Madsen Center for about a year. It is a non-profit group that pays $1 a year to use the building which the City will eventually demolish as part of the Town Square project. The air conditioning broke in the middle of the season and the City installed a temporary air conditioning unit to allow their season to continue, but it will cost slightly over $12,000 to replace the unit. Ms. LaVerriere proposed to put the lease and the air conditioner for the Madsen Center on the next agenda to decide if the Commission wants to continue the lease and if they want to spend the money to replace the unit. The community theater is a wonderful community amenity, but Ms. LaVerriere noted it was an economical question. The lease has an exit clause giving 90 day's notice. Commissioner Casello asked if the theatre group would be willing to raise the funds for the air conditioner and Ms. LaVerriere agreed to ask them. The group puts on four productions that run several times each. They are still operating with the temporary unit, but were finishing their season in about a month. Commissioner Casello favored authorizing the City Manager to have those negotiations and to ask the group to appear at the next meeting to discuss the matter. Ms. LaVerriere had previously approved, on an emergency basis, the repair or replacement of the remaining units for City Hall and the Sims Center, but asked staff to put off ordering the unit until the Commission discussed the item. One chiller was not working and the other was failing. Motion Vice Mayor McCray to approve the City Manager bring the Theater group in and let the City Commission know their plans and to approve the purchase without the Madsen Center. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve negotiated settlement in the amount of $50,000 in the case of Cynthia L. Fitting and Joseph M. Fitting v. City of Boynton Beach, Florida and Charles Turco. 15 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Request to approve a Community Design Plan Appeal (CDPA 16-001) for relief from the Land Development Regulations (LDR), Chapter 4, Article III, Section 10.A.3. Monotony Restrictions, requiring enhanced walls designed with offsets and other elements to avoid an expansive monotonous appearance for 514 — 518 West Ocean Drive, located west of 1-95 and east of the CSX Railroad, south of the terminus of West Ocean Avenue on 6.9 acres zoned M-1 (Industrial). Agent is Bradley Miller with Miller Land Planning, Inc. (Tabled to May 17, 2016 Commission meeting.) B. Request new site plan approval to construct outdoor self -storage for luxury recreational vehicles and boats at 514 — 518 West Ocean Drive, located west of 1-95 and east of the CSX Railroad, south of the terminus of West Ocean Drive on 6.9 acres zoned M-1 (Industrial). Agent: Bradley Miller, Miller Land Planning, Inc. representing property owner Stor-All Luxury RV & Boat Storage LLC. (Tabled to May 17, 2016 Commission meeting.) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Discussion by City Commission and action regarding maintenance or modification of the configuration of the Community Redevelopment Agency Board. This item was heard after item 12 B. Commissioner Katz received confirmation Resolution R16-067 that was just passed gave the Advisory Board greater advisory capacity. He thought passage of the Resolution resolved the issue and further changes did not have to be made. Motion Commissioner Katz moved for discussion. Commissioner Romelus seconded the motion. 16 Meeting Minutes City Commission Boynton Beach, Florida 3, 2016 Mayor Grant advised he wanted an independent CRA Board. The City Commission can dictate what the CRAB does because the Advisory Board makes recommendations to the City Commission. The City Attorney had provided information on various configurations of the CRAB, but a first test for the Advisory Board is to provide an objective standing of the three different positions and to create a vetting process for the City Commission to use when making appointments to the CRA Board. Commissioner Katz questioned if the goal of the CRAB was not to advise on CRA activities, rather to advise on the make-up of the CRA Board itself. Mayor Grant responded they could do both. Mayor Grant inquired if a Commissioner could put any item on the CRAB agenda and Attorney Cherof explained the City Commission will establish the agenda for the CRAB, and it will take the CRA Board to do the same thing. The CRAB had no authority, under the previous Resolution to create their own agenda or list their own powers. Only the City Commission and now the CRA Board would have the authority to do so. The City Commission was creating the first agenda item for the CRAB. Vice Mayor McCray requested confirmation this item was not changing the CRA Advisory Board makeup, and there would still be a seven -member Advisory Board. Attorney Cherof responded that was correct. The revised Resolution would not change the current configuration. Vice Mayor McCray requested verification they were not adding two citizens to the CRA Board and learned it would not add two more members. Vice Mayor McCray did not favor the CRAB making recommendations regarding the configuration of the CRA Board. Mayor Grant inquired if there was any item a Commissioner would like to put on the CRAB agenda. Commissioner Katz reiterated his opposition to the agenda item. The CRAB, per the Resolution, could advise the City Commission and the CRA Board, but now the City Commission was asking the CRAB to advise the City Commission about the CRA Board. Mayor Grant explained the CRA can only exist through the City Commission. If the City Commission wanted to dissolve the CRA, they could do so. Mayor Grant proposed four options: the City Commission sits as the CRA Board; use a hybrid of Commissioners and residents on the CRA Board and determine the vetting process for the two residents; have only CRA residents on the CRA Advisory Board or eliminate the CRA Board all together. Mayor Grant wanted objective recommendations for objective standards and wanted to hear all the options available. Commissioner Katz asked if the CRAB could review the options as to the potential organization of the CRA Board and learned they would. The Advisory Board would detail the advantages and disadvantages of all four configurations. The CRA Advisory Board is independent. Commissioner Katz did not favor the item and commented the CRAB is to advise on issues pertaining to development in the CRA District, not the makeup of the CRA Board which was within the purview of the City Commission. Vice Mayor McCray also did not favor the CRAB reviewing the configuration of the CRA Board. The Advisory Board could speak to the City Commission on items within the CRA District. The Resolution was passed before the discussion about the boarder 17 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 scope of the CRA Board took place. Commissioner Katz thought the Advisory Board should focus on items in the CRA District. Mayor Grant pointed out item A pertains to the CRA Board, not the CRAB. The Advisory Board could advise on anything the Board asked them too. Vivian Brooks, CRA Executive Director, understood the Advisory Board was advising the City Commission on items coming before them. At her last meeting with the City and CRA Attorneys and the City Manager, there was discussion that development projects being heard by the CRAB would be adding another step in the development process and it was a problem for the City. The final discussion was any project that involved CRA land or dollars, or a public/private partnership would be reviewed by the Advisory Board. Mayor Grant explained he wanted the CRAB to be advisory to the CRA Board and the City Commission. If the CRA Board issued a Request for Proposals that would require a presentation before the CRAB, that would not create an extra level of codes and ordinances. The CRAB would not be violating any laws if the Request for Proposal indicated that anything coming before the CRA would be reviewed by the Advisory Board. Ms. Brooks explained that was already pro forma. Brian Edwards, 629 NE 9th Avenue, a CRAB member, thought the City made a mistake and that the Advisory Board has no authority. He appreciated the Mayor's efforts, but commented he always wanted an independent CRA Board and was disappointed when the CRA Board removed its two citizen members. The Advisory Board was being spoon fed about the information on which they can advise the City Commission. He read an email that indicated it may be unlawful if developers come before them to educate themselves on a project that the Board may feel strongly about. He liked the idea of giving consideration to an independent CRA. The City Commission was the only platform where he could speak about the matter and he pointed out there are significant issues forthcoming. He thought the City Commission should reconsider an independent CRA. Mayor Grant explained he wanted the CRAB to give advice and list the advantages and disadvantages of an independent board and no one was telling him why the City Commission was sitting as the CRA Board. He was trying to obtain the information and he pointed out advisory boards only advise. The City Commission can request agenda items for the CRAB. He requested CRAB agenda items be submitted to the City Commission or the Advisory Board submit items for the CRA Board. Linda Cross, 625 Casa Loma Boulevard, Chair of the CRA Advisory Board explained the CRA Advisory Board always thought its job was to advise the CRA Board and then learned it was the City Commission and now with the Resolution, they could advise both about projects in the CRA. The Advisory Board did not know it was only development projects that would use CRA money and land. They thought it was all development projects in the City. Ms. Cross understood due to legal issues with Planning and Meeting Minutes City Commission Boynton Beach, Florida 3, 2016 Development, the Board cannot insert itself into that process. Currently, the Advisory Board Agenda is the same as the CRA Board agenda. She requested clarification if the City Commission would add items to the agenda that do not use CRA funds or only items that use CRA money and land. Mayor Grant explained the City Commission and CRA Board could ask the Advisory Board to review whatever they assign. The Resolution is broad. Ms. LaVerriere asked how items would be brought forward. Mayor Grant replied the City Commission will have an item on the agenda called CRA Reports. The requests will come through the City Commission, but the CRA Advisory Board does not have to give a report to the City Commission, but would to the CRA Board regarding what is on the CRA Board's agenda. Ms. Brooks will take the CRA Agenda and send it to the Advisory Board first, and if there are any extra items from the City Commission, there will be a discussion item on the City Commission agenda. When the CRA Advisory Board makes a report to the City Commission, it will be for the following month. Ms. LaVerriere advised there will be a standard report item for the CRA Advisory Board on the City Commission Agenda. Ms. LaVerriere asked if any Commissioner can add an item to the agenda for the CRA Advisory Board and learned any Commissioner could. Commissioner Katz commended the Resolution remedied a major concern for the CRA Advisory Board, and preferred to allow the Resolution to play out. He commented they could discuss the make-up of the CRA Board, but did not think it appropriate, after passing a solution to the CRA Advisory Board's issue. He emphasized the Resolution resolved the matter. He supported the Resolution and favored the Advisory Board having the ability to advise the CRA Board and the City Commission and that any Commissioner can add an item to the agenda within their purview, but he was opposed to the CRA Advisory Board recommending changes to the CRA Board. The confusion will create instability. Mayor Grant agreed, but wanted to end the discussion of the CRA Board. Herb Suss commented he was aghast at the discussion. He agreed this was causing confusion and it was so badly handled they should start over and let the public know what is going on. He requested the City Commission table it and bring it back. Motion Commissioner Katz moved to table. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R16-067 - Amend Resolution R15-136 which created the Community Redevelopment Advisory Board. 19 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 Heard out of order. Attorney Cherof explained this was a change from the prior resolution. The language in Section II, where the Community Redevelopment Advisory Board (CRAB) was created currently states that the CRAB provides recommendations to the City Commission. The revised language indicates the CRAB will conduct a review and provide written recommendations to the CRA and City Commission on matters assigned to it by the Community Redevelopment Agency or the City Commission. The advisory board can speak to both entities and both entities can ask the advisory Board to review upcoming agenda items and not just current agenda items. Motion Commissioner Casello moved to approve. Mayor Grant passed the gavel to Vice Mayor McCray and seconded the motion The current CRAB cannot speak to the CRA Board because of the City Commission's Resolution. By changing the Resolution, the CRAB can speak to the CRA Board and vice -a -versa. This would allow the CRAB to train for the CRA Board, which would add civilian input to the CRA Board. He proposed if the CRAB is not changed and gives recommendations to the City Commission of what the CRA Board should be, the advantages and disadvantages of having an independent Board, having a partially independent Board and having a full board run by the City Commission are not known. One resident had said things have been subjective for too long. He wanted to afford the residents the opportunity to produce things objectively to the CRA Board and to the City Commission. Commissioner Casello understood the only thing new is the Resolution allows the seven -member advisory board to speak to both the CRA Board and the City Commission Board. Vice Mayor McCray asked if there would be a conflict and learned it would not. The Commission has the authority to establish advisory boards and indicate in the body what their responsibilities are and to whom. Vote The motion unanimously passed. Mayor Grant resumed as Chair of the meeting. 13. LEGAL A. PROPOSED ORDINANCE NO 16-009 - SECOND READING - PUBLIC HEARING - Approve dissolution of the Veterans Advisory Commission. 20 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 Attorney Cherof read Proposed Ordinance No. 16-009 by title only on second reading. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Herb Suss asked why the Board was being dissolved and learned the Veterans Advisory Commission unanimously passed this Ordinance because they wanted to speak and gather at the VFW and other veterans' establishments about veteran's matters and had to consider the Sunshine Law. Vote Interim City Clerk called the roll. The vote was 5-0 B. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney/client session of the City Commission to discuss the following lawsuit which has been served on the City of Boynton Beach: GLADYS CANNON, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — In the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case No. 50 -2008 -CA -003012 Division: AB Attorney Cherof announced this case would be heard before the next meeting, along with the Red Light Camera and the Gladys Cannon cases, but he could brief the City Commission about the Red Light Camera case by memo. He recommended dropping the Red Light Camera Case off, just do cannon and fitting case two weeks at 5:30 p.m. Motion Commissioner Romelus moved to approve. Vice Mayor McCray seconded the motion Vote The motion unanimously passed. 14. FUTURE AGENDA ITEMS - None 15. ADJOURNMENT Motion There being no further business to discuss, Commissioner Katz moved to adjourn. Vice Mayor McCray seconded the motion. 21 Meeting Minutes City Commission Boynton Beach, Florida May 3, 2016 Vote The motion unanimously passed. The meeting was adjourned at 8:54 p.m. ATTEST JuA. Pyle, CMC Int" rim City Clerk Catherine Cherry Minutes Specialist 22 CITY OF BOYNTON BEACH MaygrStercen B. Grant er - l _- ComKiissioed'- M lM ray Cmmission - C ristina Romelus J C missioner - Joe Casello 0 M V' �O N L• ...,. r"4 fly tit �E OF F10 9 OF P Palm Beach County SUSAN BUCHER Supervisor of Elections April 15, 2016 240 SOUTH MILITARY TRAIL RECEIVED WEST PALM BEACH, FL 33415 POST OFFICE BOX 22309 WEST PALM BEACH, FL 33416 APO 1 b 2016 TELEPHONE: (561) 656-6200 FAX NUMBER: (561) 658-6287 WEBSITE: wvvw.iDbcelections.org CITY ATTORNEY Mr. James Cherof, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Dear Mr. Cherof: Thank you for your letter of April 11, 2016, regarding your experience as a member of the City's Canvassing Board for the 2016 Municipal Elections. Your kind comments are very much appreciated. The deadline for your city to submit a referendum ballot question for the August 30, 2016 election is noon on June 24, 2016. Because we anticipate countywide and statewide ballot questions to be included on the November 8, 2016, ballot, we would request that the city try to meet the June deadline and place your ballot question on the August ballot, rather than the November ballot. If we may provide any additional information, please do not hesitate to contact me directly. Thank you. Sincerely, i Susan Bucher cc: Lori La Verriere, City Manager Judith Pyle, Interim City Clerk -f 01Z v %D LL \ \�\°\ \ \ � d 9 " R � \ � � .. -f 01Z v %D LL 2 ¢ � � �\. � . LU 9 " R CITY OF BOYNTON BEACH NOTICE OF PUBLIC HEARING NEW SITE PLAN VARIANCE COMMUNITY DESIGN PLAN APPEAL NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING, on Tuesday, March 22, 2016 at 6:30 p.m. to consider requests submitted by Miller Land Planning, Inc., on behalf of property owner Stor-All Luxury RV and Boat Storage, LLC. The City Commission will also hold a public hearing to consider these requests on Tuesday, April 19, 2016 at 7:00 p.m. or as soon thereafter as the agenda permits. All hearings will be held at the CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. The requests are described as follows: LOCATION: 514 — 518 West Ocean Avenue, located west of 1-95 and east of the CSX Railroad, south of the terminus of West Ocean Avenue on 6.9 acres zoned M-1 (Industrial). REQUESTS: New Site Plan (NWSP 15-002) approval to construct outdoor self -storage for recreational vehicles and boats consisting of eleven (11) open-air structures with 196 covered open-air storage bays totaling 92,089 square feet; 15 open-air storage spaces; one (1) one-story enclosed storage building with five (5) bays totaling 2,756 square feet; an office building consisting of 1,000 square feet; and related site improvements. Variance (ZNCV 15-002) approval for relief from the Land Development Regulations (LDR), Chapter 3, Article 111, Section 6. Building and Site Regulations for M-1 Table 3-22, requiring a 15 foot side setback, to allow a five (5) foot side setback, a variance of 10 feet. Community Design Plan Appeal (CDPA 16-001) approval for relief from the Land Development Regulations (LDR), Chapter 4, Article 111, Section 10.A.3. Monotony Restrictions, requiring enhanced walls designed with offsets and other elements to avoid an expansive monotonous appearance. LEGAL DESCRIPTION: On file in the Office of Planning and Zoning These requests can be viewed between the hours of 8:00 a.m. and 4:30 p.m. at the City of Boynton Beach Planning and Zoning Division, 100 East Boynton Beach Boulevard. All interested parties are notified .to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect.to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerk's office at (561) 742-6060 at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. Planning & Zoning (561)742-6260 Attachment No. 1 Ordinance No. 14-13 ORDINANCE NO. 14-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 13-6 (DEFINITIONS) OF ARTICLE 2 (DEFINITIONS) OF CHAPTER I (GENERAL), ADDING CHAPTER XV (GROUP HOMES), AND REPEALING AND REPLACING ARTICLE 15 (REASONABLE ACCOMMODATIONS) OF CHAPTER IX (SPECIAL LAND USE REGULATIONS), OF TITLE 13 (ZONING CODE) AND AMENDING THE CITY OF COSTA MESA LAND USE MATRIX - TABLE NO. 13-30 OF CHAPTER IV. (CITYWIDE LAND USE MATRIX) OF THE COSTA MESA MUNICIPAL CODE RELATING TO GROUP HOMES THE CITY COUNCIL OF THE CITY OF COSTA MESA MAKES THE FOLLOWING FINDINGS WITH RESPECT TO THE ADOPTION OF THE FOLLOWING ORDINANCE: WHEREAS, under the California Constitution, Article XI, Section 7, the City has been granted broad police powers to preserve the single-family characteristics of its single-family neighborhoods, which powers have been recognized by both the California Supreme Court and United States Supreme Court, the latter of which has stated that, "It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled"; and WHEREAS, both the California Supreme Court and United States Supreme Court have held that cities have the right to regulate both the number of people who may reside in a single family home and the manner in which the single family is used as long as such regulations do not unfairly discriminate or impair an individual's rights of privacy and association; and WHEREAS, individuals and families often purchase homes in single- family neighborhoods for the relative tranquility and safety that often accompanies such neighborhoods and with the expectation of establishing close and long- standing ties with their neighbors; and WHEREAS, with these expectations, individuals and families commit to making what will be, for most of them, the single largest financial investment of their lives, as well as one of the most significant emotional investments; and WHEREAS, the Federal Fair Housing Act Amendments ("FHAA") and the California Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning ordinances which would on their face or have the effect of discriminating against equal housing opportunities for the handicapped; and WHEREAS, a core purpose of the FHAA, FEHA and California's Lanterman Act is to provide a broader range of housing opportunities to the handicapped; to free the handicapped, to the extent possible, from institutional style living; and to ensure that handicapped persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non -handicapped; and WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the City provide reasonable accommodation to its zoning ordinances if such accommodation is necessary to afford a handicapped person an equal opportunity to use and enjoy a dwelling; and WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities to treat state licensed residential care facilities serving six or fewer as a residential use; and WHEREAS, in enacting this Ordinance the City Council of the City of Costa Mesa is attempting to strike a balance between the City's and residents' interests of preserving the single family characteristics of single-family neighborhoods and to provide opportunities for the handicapped to reside in single-family R1 zones that are enjoyed by the non -handicapped; and WHEREAS, over the past several years the City, County and State have seen a significant increase in the number of single-family homes being utilized as alcohol and drug recovery facilities for large numbers of individuals (hereafter, "sober living homes"); and WHEREAS, the increase appears to be driven in part by the Substance Abuse and Crime Prevention Act of 2000 (hereafter, "the Act") adopted by California voters which provides that specified first-time drug and alcohol offenders are to be afforded the opportunity to receive substance abuse treatment rather than incarceration; and WHEREAS, the Affordable Care Act has significantly expanded the availability of health care coverage for substance abuse treatment; and WHEREAS, the City of Costa Mesa has seen a sharp increase of sober living homes, which has generated community outcry and complaints including, but not limited to overcrowding, inordinate amounts of second-hand smoke, and noise; and the clustering of sober living facilities in close proximity to each other creating near neighborhoods of sober living homes; and N WHEREAS, this significant increase in sober living homes has become an rising concern for cities statewide as local officials are in some cases being bombarded with complaints from residents about the proliferation of sober living homes; conferences drawing local officials from around the state are being held discussing what to do about the problems associated with sober living homes; it has been the topic of several League of California Cities meetings; there have been numerous city -sponsored attempts at legislative fixes that have failed in committee; and litigation is spreading across the state as cities attempt to address the problem; and WHEREAS, as of the date of adoption of this Ordinance, it is estimated that the City of Costa Mesa is home to 1,214 alcohol and drug recovery beds, divided as follows: 40 licensed residential facilities/certified alcohol and drug programs in residential zones, providing 398 beds; 94 unlicensed sober living homes in residential zones, providing 740 beds; and 1 sober living home on two separate parcels, providing 76 beds in a non-residential zone; and 28 nonresidential services facilities, providing support services such as administrative offices, therapy etc.; and WHEREAS, the number of sober living homes in the City of Costa Mesa is rapidly increasing, leading to an overconcentration of sober living homes in the City's R1 neighborhoods, which is both deleterious to the single-family character of the R1 neighborhoods and may also lead to the institutionalization of such neighborhoods; and WHEREAS, the purpose of sober living homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the single family neighborhood of their choice; and WHEREAS, recovering alcoholics and drug addicts, who are not currently using alcohol or drugs, are considered handicapped under both the FHAA and FEHA; and WHEREAS, concentrations of sober living homes and/or the placement of inordinately large numbers of recovering addicts in a single dwelling can undermine the benefits of home ownership in single-family neighborhoods for those residing nearby and undermine the single-family characteristics of neighborhoods; and WHEREAS, in some cases, operators of sober living homes have attempted to house inordinately large numbers of recovering addicts in a single-family dwelling in Costa Mesa; for example, in one case an operator has placed 15 beds in a single-family home; and there has been a tendency for sober living homes to 3 congregate in close proximity (for example, five sober living homes are located next to each other on one street in a R1 zone); and WHEREAS, the City has experienced situations in which single-family homes are remodeled to convert common areas such as family rooms, dressing rooms, and garages into bedrooms (in one case a patio was converted to a room where 6 beds were found) or to add multiple bedrooms for the sole purpose of housing large numbers of recovering addicts in a single dwelling; and WHEREAS, it has been the City's experience that most, if not all, operators of sober living homes have taken the stance that the FHAA and FEHA prohibit the City from regulating them in any fashion, that they are free to house as many recovering addicts in a single home as they desire, and that they are not required to make any showing to obtain an accommodation from the City's zoning ordinances, which allow a sober living home to house up to six recovering addicts as a matter of right; and WHEREAS, based on the City's experience it has become clear that at least some operators of sober living homes are driven more by a motivation to profit rather than to provide a comfortable living environment in which recovering addicts have a realistic potential of recovery, or to provide a living environment which remotely resembles the manner in which the non -disabled use and enjoy a dwelling; and WHEREAS, this Ordinance and the balance of the City's zoning scheme have built in an accommodation for group homes to locate in the R1 neighborhoods as long as they are serving six or fewer tenants, whereas a similarly situated and functioning home with non -handicapped tenants would be defined as a boarding house and only be allowed three residents; and WHEREAS, this Ordinance will provide a mechanism for a group home to seek additional accommodation above the six residents upon making a showing, as required by state and federal law, that such additional accommodation is reasonably necessary to afford the handicapped the right to use and enjoy a dwelling in a manner similar to that enjoyed by the non -handicapped; and WHEREAS, permitting six or fewer residents in a sober living home and establishing distance requirements is reasonable and non-discriminatory and not only helps preserve the single family characteristic of single family neighborhoods, but also furthers the purpose for which sober living homes are established: (1) the State legislature in establishing licensed residential care facilities as a residential use, including group homes serving recovering addicts, found that six residents was a sufficient number to provide the supportive living environment that experts agree is beneficial to recovery; (2) Group Homes serving six or fewer have existed and flourished in the State for decades and there has been no significant efforts or suggestions to increase the number; (3) the City has received expert testimony 4 stating that six is a reasonable number for a sober living facility and is sufficient to provide the supportive living environment that is beneficial to recovery and that larger numbers can actually reduce the chances of recovery; (4) a 2005 UCLA study found that 65-70% of recovering addicts do not finish the recovery programs into which they are placed and a comfortable living environment is a factor in whether recovering addicts will finish their programs; (5) drug and alcohol addiction is known to affect all income levels and there is no evidence in the record that individuals residing in sober living homes are financially unable to pay market rate rents and certainly the experience in the City of Newport Beach, where rents and property are among the most expensive in Orange County, is evidence that such addiction has a profound effect on the wealthy; (6) in any event, receiving rent from up to six individuals will provide sufficient income for operators of sober living homes and result in revenue which is well above market rate rents; (7) the evidence in the record indicates that in general operators of sober living homes do not incur significant costs over and above what landlords of other similarly -situated homes may incur; and (8) limiting the number of recovering addicts that can be placed in a single-family home enhances the potential for their recovery; and WHEREAS, sober living homes do not function as a single-family unit nor do they fit the City's zoning definition of a single-family for the following reasons: (1) they house extremely transient populations (programs are generally about 90 days and as noted, the 2005 UCLA study found that 65-70% of recovering addicts don't finish their recovery programs); (2) the residents generally have no established ties to each other when they move in and typically do not mingle with other neighbors; (3) neighbors generally do not know who or who does not reside in the home; (4) the residents have little to no say about who lives or doesn't live in the home; (5) the residents do not generally share expenses; (6) the residents are often responsible for their own food, laundry and phone; (7) when residents disobey house rules they are often just kicked out of the house; (8) the residents generally do not share the same acquaintances; and (9) residents often pay significantly above -market rate rents; and WHEREAS, the size and makeup of the households in sober living homes, even those allowed as a matter of right under the Costa Mesa Municipal Code, is dissimilar and larger than the norm, creating impacts on water, sewer, roads, parking and other City services that are far greater than the average household, in that the average number of persons per California household is 2.90 (2.74 in Costa Mesa's R1 zones according to the City's General Plan), while a sober living facility allowed as a matter of right would house six, which is in the top 5% of households in Orange County according to the most recent U.S. federal census data; and WHEREAS, all of six individuals residing in a sober living facility are generally over the age of 18, while the average household has just 2.2 individuals over the age of 18 according to the most recent federal census data; and WHEREAS, the City utilizes federal census data and other information relating to the characteristics of single-family neighborhoods for among other things: (1) determining the design of residential homes, residential neighborhoods, park systems, library systems, transportation systems; (2) determining parking and garage requirements of single-family homes; (3) developing its General Plan and zoning ordinances; (4) determining police and fire staffing; (5) determining impacts to water, sewer and other services; and (5) in establishing impacts fees that fairly and proportionally fund facilities for traffic, parks, libraries, police and fire; and WHEREAS, because of their extremely transient populations, above - normal numbers of individuals/adults residing in a single home and the lack of regulations, sober living facilities present problems not typically associated with more traditional single-family uses, including: the housing of large numbers of unrelated adult who may or may not be supervised; disproportionate numbers of cars associated with a single-family home which causes disproportionate traffic and utilization of on -street parking; excessive noise and outdoor smoking, which interferes with the use and enjoyment of neighbors' use of their property; neighbors who have little to no idea who does and does not reside in the home; little to no interaction with the neighborhood; a history of opening facilities in complete disregard of the Costa Mesa Municipal Code and with little disregard for impacts to the neighborhood; disproportional impacts from the average dwelling unit to nearly all City services including sewer, water, parks, libraries, transportation infrastructure, fire and police; a history of congregating in the same general area; and the potential influx of individuals with a criminal record; and WHEREAS, a 650 -foot distance requirement provides a reasonable market for the purchase and operation of a sober living home within the City and still results in preferential treatment for sober living homes in that non -handicapped individuals in a similar living situation (i.e., in boardinghouse -style residences) cannot reside in the R1 zone; and WHEREAS, housing inordinately large numbers of unrelated adults in a single-family home or congregating sober living homes in close proximity to each other does not provide the handicapped with an opportunity to "live in normal residential surroundings," but rather places them into living environments bearing more in common with the types of institutional/campus/dormitory living that the FEHA and FHAA were designed to provide relief from for the handicapped, and which no reasonable person could contend provides a life in a normal residential surrounding; and WHEREAS, notwithstanding the above, the City Council recognizes that while not in character with a single-family neighborhood, that when operated responsibly, a group homes, including sober living homes, provide a societal benefit by providing the handicapped the opportunity to live in single-family neighborhoods, as well as providing recovery programs for individuals attempting to overcome their drug and alcohol addictions, and that therefore providing greater 2 access to R1 zones to group homes, including sober living homes, than to boardinghouses provides a benefit to the City and its residents; and WHEREAS, without some regulation there is no way of ensuring that the individuals entering into a group home are handicapped individuals and entitled to reasonable accommodation under local and state law; that a group home is operated professionally to minimize impacts to the surrounding neighborhood; and that the secondary impacts from over concentration of both group homes in a neighborhood and large numbers of unrelated adults residing in a single facility in a single home are lessened; and WHEREAS, in addition to group homes locating in single-family neighborhoods other state -licensed residential care facilities for six or fewer persons who are mentally disordered or otherwise handicapped or supervised, are also taking up residence in single-family neighborhoods; and WHEREAS, the purpose of group homes for the handicapped is to provide the handicapped an equal opportunity to comfortably reside in the single family neighborhood of their choice; and WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS FOLLOWS: Section 1: The following definitions in Section 13-6 (Definitions) of Article 2 (Definitions) of Chapter I (General) of Title 13 (Planning, Zoning and Development) are hereby repealed, amended or added as follows: Alcoholism or drug abuse recovery or treatment facility means adult alcoholism or drug abuse recovery or treatment facilities that are licensed pursuant to Section 11834.01 of the California Health & Safety Code. Alcoholism or drug abuse recovery or treatment facilities are a subset of residential care facilities. Boardinghouse A residence or dwelling, other than a hotel, wherein rooms are rented under three or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. Boardinghouse, small means two or fewer rooms being rented. Boardinghouse, large means three or more rooms being rented. 7 Development Services Department means the Development Services Department of the City of Costa Mesa. Disabled shall have the same meaning as handicapped. Fair housing laws means the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, as each statute may be amended from time to time, and each statute's implementing regulations. Group home. A facility that is being used as a supportive living environment for persons who are considered handicapped under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes shall not include the following: (1) residential care facilities; (2) any group home that operates as a single housekeeping unit. Handicapped. As more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance. Household includes all the people occupying a dwelling unit, and includes people who live in different units governed by the same operator. Integral facilities. Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as Integral Facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such Integral Facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility. Integral uses. Any two or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation. E:3 Operator means a company, business or individual who provides residential services, i.e., the placement of individuals in a residence, setting of house rules, and governing behavior of the residents as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management and leasing of the property and that does not otherwise meet the definition of operator. Planning division. The planning division of the Development Services Department of the City of Costa Mesa. Referral facility. A residential care facility or a group home where one (1) or more person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system. Residential care facility. A residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include but may not be limited to the following: intermediate care facilities for the developmentally disabled (Health & Saf. Code §§ 1267.8, 1267.9); community care facilities (Health & Saf. Code §§ 1500 et seq.); residential care facilities for the elderly (Health & Saf. Code §§ 1569 et seq.); residential care facilities for the chronically ill (22 C.C.R. § 87801(a)(5); Health & Saf. § 1568.02); alcoholism and drug abuse facilities (Health & Saf. Code §§ 11834.02-11834.30); pediatric day health and respite care facilities (Health & Saf. Code §§ 1760 et seq.); residential health care facilities, including congregate living health facilities (Health & Saf. Code §§ 1265 —1271.1, 1250(1), 1250(e), (h)); family care home, foster home, group home for the mentally disordered or otherwise handicapped persons or dependent and neglected children (Wel. & Inst. Code §§ 5115-5120). [Residential services facilities is hereby deleted.] Single housekeeping unit means that the occupants of a dwelling unit have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities; membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a nonprofit basis. There is a rebuttable presumption that integral facilities do not constitute single housekeeping units. Additional indicia that a household is not operating as a single housekeeping unit include but are not limited to: the occupants do not share a lease agreement or ownership of the property; members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators. 0 Sober living home means a group home for persons who are recovering from a drug and/or alcohol addiction and who are considered handicapped under state or federal law. Sober living homes shall not include the following: (1) residential care facilities; (2) any sober living home that operates as a single housekeeping unit. Section 2: Chapter XV (Group Homes) of Title 13 (Planning, Zoning and Development) is hereby added as follows: Chapter XV: Group homes. 13-310 Purpose. This chapter is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (1) ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Costa Mesa Municipal Code and not simply skirting the City's boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for the handicapped that is reasonable and actually bears some resemblance to the opportunities afforded non - handicapped individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the handicapped and for recovering addicts to be successful in their programs. 13-311 Special use permit required. (a) A group home that may otherwise be considered an unpermitted use may locate in an R1 zone with a special use permit provided: An application for a group home is submitted to the director by the owner/operator of the group home. The application shall provide the following: (1) the name, address, phone number and driver's license number of the owner/operator; (2) the name, address, phone number and driver's license number of the house manager; (3) a copy of the group home rules and regulations; (4) written intake procedures; (5) the relapse policy; (6) an affirmation by the owner/operator that only residents (other than the house manager) who are handicapped as defined by state and federal law shall reside at the group home; (7) blank copies of all forms that all residents and potential residents are required to complete; and (8) a fee for the cost of processing of the application as set by Resolution of the City Council. No person shall open a group home or begin employment with a group home until 10 this information has been provided and such persons shall be responsible for updating any of this information to keep it current. 2. The group home has six (6) or fewer occupants, not counting a house manager, but in no event shall have more than seven occupants. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded. 3. The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose. 4. The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a 24-hour basis and who are responsible for the day-to-day operation of the group home. 5. All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within 500 feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. 6. Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code Section 1503.5 and Section 80001(c)(3) of title 22, California Code of Regulations. 7. Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. 8. If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property. 9. The property must be fully in compliance with all building codes, municipal code and zoning code 10. In addition to the regulations outlined above, the following shall also apply to sober living homes: The sober living home is not located within 650 feet, as measured from the closest property lines, of any other sober 11 living home or a state licensed alcoholism or drug abuse recovery or treatment facility. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction. iii. The sober living home's rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home's rules for residency and the violator cannot be re -admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. iv. The number of occupants subject to the sex offender registration requirements of Penal Code Section 290 does not exceed the limit set forth in Penal Code Section 3003.5 and does not violate the distance provisions set forth in Penal Code Section 3003. v. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. vi. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the 12 house manager/operator to follow when a neighbor complaint is received. vii. The sober living home shall not provide any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations: detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. 11. An applicant may seek relief from the strict application of this Section by submitting an application to the director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Section 13- 200.62. (b) The special use permit shall be issued by the director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections (a)(1) through (a)(9) above. The special use permit shall be denied, and if already issued, any transfer shall be denied or revoked, upon a hearing by the director under any of the following circumstances: Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; 2. Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. 3. Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven to ten years, to any of the following offenses: i. Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290 (last 10 years); ii. Arson offenses — violations of Penal Code Sections 451-455 (last seven years); or iii. Violent felonies, as defined in Penal Code Section 667.5, which involve doing bodily harm to another person (last 10 years). iv. The unlawful sale or furnishing of any controlled substances (last seven years). 13 4. Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. 5. The owner/operator accepts residents, other than a house manager, who are not handicapped as defined by the FHAA and FEHA. 6. A special use permit for a sober living home shall also be denied, and if already issued, any transfer shall be denied or revoked, upon a hearing by the director under any of the following additional circumstances: i. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety. ii. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. iii. The sober living home, as measured by the closest property lines, is located within 650 feet of any other sober living home or state licensed alcoholism or drug abuse recovery or treatment facility. If a state licensed alcoholism or drug abuse recovery or treatment facility moves within 650 feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit. 7. For any other significant and/or repeated violations of this Section and/or any other applicable laws and/or regulations. 8. Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this Ordinance, that has obtained a reasonable accommodation pursuant to Section 13-200.62. 13-312 Compliance. (a) Existing group homes must apply for a special use permit within 90 days of the effective date of this ordinance. (b) Group homes that are in existence upon the effective date of this ordinance shall have one (1) year from the effective date of this ordinance to comply 14 with its provisions, provided that any existing group home, which is serving more than six residents, must first comply with the six resident maximum. (c) Existing group homes obligated by a written lease exceeding one year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional years grace period pursuant to planning division approval. 13-313 Severability. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This Ordinance shall be prospective in application from its effective date. 13-314 —13-350 [Reserved.] Section 3: Article 15 (Reasonable Accommodations) of Chapter IX (Special Land Use Regulations) of Title 13 (Planning, Zoning and Development) is hereby repealed and replaced with the following: 13-200.60 Purpose. It is the city's policy to provide reasonable accommodation in accordance with federal and state fair housing laws (42 USC § 3600 et seq. and Government Code § 12900 et seq.) for persons with disabilities seeking fair access to housing in the application of the city's zoning laws. The term "disability" as used in this article shall have the same meaning as the terms "disability" and "handicapped" as defined in the federal and state fair housing laws. The purpose of this article is to establish the procedure by which a person may request reasonable accommodation, and how the request is to be processed. 13-200.61 Applicability. Any person seeking approval to construct and/or modify residential housing for person(s) with disabilities, and/or operate a residential care facility, group home, or referral facility, which will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a Zoning Code provision, 15 regulation, policy, or condition which causes a barrier to equal opportunity for housing. 13-200.62 Reasonable accommodations — procedure. (a) Application required. An application for a reasonable accommodation shall be filed and processed with the Planning Division. The application shall include the following information and be subject to the determinant factors required by this section. (b) Submittal requirements. The application shall be made in writing, and shall include the following information: 1. The zoning code provision, regulation, policy, or condition from which accommodation is being requested; 2. The basis for the claim that the individuals are considered disabled under state or federal law, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals; 3. Any other information that the director reasonably determines is necessary for evaluating the request for reasonable accommodation; 4. Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability; 5. The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant; 6. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence; 7. Any other information that the Hearing Officer reasonably concludes is necessary to determine whether the findings required by Section (e) can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected; (c) Fees. No application fee is required. (d) Director action. Within 60 days of receipt of a completed application, the director shall issue a written determination to approve, conditionally 16 approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this chapter. Any appeal to reasonable accommodation request denial or conditional approval shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit provided that, notwithstanding any other provision to the contrary, the standard of review on appeal shall not be de novo and the planning commission shall determine whether the findings made by the director are supported by substantial evidence presented during the evidentiary hearing. The planning commission, acting as the appellate body, may sustain, reverse or modify the decision of the director or remand the matter for further consideration, which remand shall include specific issues to be considered or a direction for a de novo hearing. (e) Grounds for reasonable accommodation. The following factors shall be considered in determining whether to grant a reasonable accommodation: 1. Special needs created by the disability; 2. Potential benefit that can be accomplished by the requested modification; 3. Potential impact on properties within the vicinity; 4. Physical attributes of the property and structures; 5. Alternative accommodations that may provide an equivalent level of benefit; 6. In the case of a determination involving a single family dwelling, whether the residents would constitute a single housekeeping unit; 7. Whether the requested accommodation would impose an undue financial or administrative burden on the City; 8. Whether the requested accommodation would require a fundamental alteration in the nature of a City program; 9. Whether granting the request would be consistent with the City's General Plan; and, 10.The property will be used by an individual with disability protected under fair housing laws. (f) Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following 17 Teen Homelessness/Displaced Teens A call to action conceived and implemented by the students of Boynton Beach Community High School . The Inside Out Project is an international program that challenges people to effect change through use of over -sized photographs. The concept is to place the photographs in a public place, with no text, slogans, or explanation readily visible. The photographs showcase the personality of the subjects, and it_ is their.character that engage- the viewer, creating curiosity, a conversation, and ultimately, the desired change. We sent Inside Out a two sentence proposal,"We have over thirty homeless students here at our school. We propose to end teen homelessness." Our proposal was accepted, and since we are a Title 1 school, our photographs were produced for us at no charge. Mara Angobaldo, a fifteen -year-old sophomore with an avid interest in photography, took pictures of -fellow students. All of the students posed for these pictures knowing that they would be displayed publicly. The idea is that you don't know whether, or if, any of the students in the pictures are homeless/displaced; anyone can be homeless/displaced at some point. So far we have been contacted by several agencies offering us the opportunity to further promote our cause, and better yet, to help the students who bravely shared their stories. Our students have effected a change. It took about forty students, a few months of planning, and the cooperation of the Boynton Beach Community High School administration, and the Boynton Beach City Hall. It wasn't that hard, and it is working. We plan to keep the call to action going, to keep attention on this problem for as long as we are able to.- Some o. Some helpful links: http://www.insideoutproject.net/erl .A raJ F f http://www.mypaImbeachpost.com/news/news/local/boynton-high-teens-heartbreaking-story-my- stepmoth/nrBfr/?icmp=pbp internallink referralbox free -to -premium -referral WPTV 5 story. http://www.wptv.com/news/region-s-palm-beach-county/boynton-beach/boynton- beach-hs-students-use-photography-to-share-story-of-homelessness http://www.sun-sentinel.com/local/palm-beach/boynton-beach/fl-bbf-soiled-0420-20160420-story. html hftp://www.wpbf.com/news/teen-homelessness-highlighted-by-art-student/39140108 Many youth become homeless as a result of family problems and financial difficulties. As a result, young people often lack the necessary supports to help them find jobs, obtain an education, and reunite with their families. Approximately 20 to 40% of homeless/displaced teens identify as LGBT. When families become homeless, they may become separated due to shelter policies that don't accommodate families, single fathers, or children over a certain age (particularly male children). While some cities have family shelters, the number of beds are limited. GET INVOLVED. Donate money, time, goods, or services. CARE. Children's Home Society of Florida (561) 868-4300 hftp://www.chsfl.org Miami Bridge Youth and Family Services, Inc. (305) 635-8953 hftp://miamibridge.org/ Covenant House Florida (800) 683-8338 or (954) 568-7939 hftp://wwww.covenanthousefl.org/ Place of Hope (561) 483-0962 www.placeofhor)erinker.org