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<br /> as 696 Upton; the City has successfully prosecuted the owner of 696 Upton <br /> before, and will be seeking legal remedies; but can only address those <br /> violations of the Redwood City ordinances. In addition, the law requires <br /> the owner's permission to gain access to the property. The City would have <br /> to go to court and obtain an inspection warrant to gain access without <br /> permission, which it has done in the past. <br /> Geor e Louzensk , 1624 Trollman Avenue, San Mateo, owner of three <br /> residential licensed care homes, and previous owner of Hawthorne House. Mr. <br /> Louzensky advised he had not had any problems with tenants or neighbors and <br /> the programs were well managed and residents well screened. Mr. Louzensky <br /> advised the concerned neighbors to monitor the conditions of the Use Permit, <br /> and if they see violations to advise the manager of the House immediately. <br /> It is in their own best interest to protect their residents, their program, <br /> their investments and their own jobs. They have every reason to work with <br /> the neighbors and keep their program intact. <br /> Sharilyn Marshall, 604-30th Avenue, San Francisco, currently a House <br /> Counselor at Hawthorne House for one and a half years, advised she had never <br /> felt nor been threatened by the residents, the residents do not need intense <br /> care, and there are strict guidelines to follow to assure consistent <br /> treatment, along with an on call staff to call in case of a crisis and <br /> other services are readily available. In response to Council questions, Ms. <br /> Marshall stated she has a degree in Psychology, has knowledge of medication, <br /> knows CPR and first aid, she is not a nurse or LVN, and the residents do <br /> take care of their own personal hygiene. Councilman Murray discussed the <br /> definition of "nursing care" and asked Ms. Marshall if she supplied nursing <br /> in the traditional sense. Ms. Marshall answered that the residents do not <br /> need that kind of personal nor physical care, nor intense round the clock <br /> care, that Counselors provide training leading to independent living. <br /> City Attorney Schricker asked Ms. Marshall if she were familiar with the <br /> licensing requirements in the State of California with respect to <br /> residential care facilities and do they come under the state Community Care <br /> Facilities Act. Ms. Marshall answered in the affirmative. City Attorney <br /> Schricker asked Ms. Marshall if the state licensing authority views the <br /> residential facilities such as Hawthorne House as a nursing home. Ms. <br /> Marshall answered "not in terms of a nursing home, no." In answer to City <br /> Attorney Schricker's questions, Ms. Vosburg answered the program is licensed <br /> by the state of California as an adult residential treatment center, and <br /> that the state did not advise her to obtain a local zoning clearance for the <br /> program. Ms. Vosburg advised that after finding the property she checked <br /> Redwood City's zoning laws in order to have as non-confrontational process <br /> as possible. Ms. Vosburg answered that she was aware that homes with six or <br /> fewer residents are exempt from local zoning laws and that only the number <br /> of residents determine the need for a Use Permit, not the level of care, <br /> which is identical. Ms. Vosburg referred to a court case concerning a <br /> transitional living center in Torrance, California, where the court found <br /> "the Welfare and Institutions Code 5120, which directs that health <br /> facilities offering psychiatric treatment may be located in any zone where <br /> hospitals or nursing homes are conditionally or otherwise permitted by <br /> zoning, preempting the City's regulation of mental health facilities serving <br /> Regular Meeting Minutes <br /> MINUTE BOOK NO. 51 April 20, 1992 <br /> Page No. 54 Page 12 <br />