HomeMy WebLinkAboutApproved City Council position on legislation pending before Dept. ID AD-16-016 Pagel of 3
Meeting Date: 5/16/2016
Approved 7-0
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/16/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Ken Donner, Assistant City Manager
Antonia Graham, Acting Assistant to the City Manager
SUBJECT: Approve City Council position on legislation pending before the State Legislature
as recommended by the City Council Intergovernmental Relations Committee
(IRC); authorize Mayor to sign City position letters on SB 1273, AB 2403, and AB
2255; authorize City support of the "Orange County Task Force on Drowning
Prevention" and approve $5,000 contribution to same
Statement of Issue:
On April 27, 2016, the Intergovernmental Relations Committee members recommended
positions on three bills as follows: SB 1273 (Support), AB 2403 (Support), and AB 2255
(Support). In addition, the members voted to support the newly created "Orange County
Task Force on Drowning Prevention." This action requests City Council authorization for
the Mayor to sign City position letters, and formally support the Orange County Task Force
on Drowning Prevention and authorize a $5,000 contribution to same.
Financial Impact:
The County of Orange, through its Heath Care Agency (HCA), is committing up to
$250,000 in matching funds and the Orange County Fire Authority (OCFA), Orange County
Sheriff's Department, and the City of Irvine have each committed $25,000 to this cause. It
is recommended that the City support the "Orange County Task Force on Drowning
Prevention" with a $5,000 contribution. Funds are available in the City Council budget
(Account No. 10020101).
Recommended Action:
A) Approve a City position of Support for SB 1273 (Moorlach) — Crisis Stabilization Units;
and,
B) Approve a City position of Support for AB 2403 (Bloom) —Alcoholism or Drug Abuse
Recovery or Treatment Facilities; and,
C) Approve a City position of Support for AB 2255 (Melendez) — Sober Living Homes; and,
D) Authorize the Mayor to sign City position letters on the above pending legislation (SB
1273, AB 2403, and AB 2255); and,
E) Authorize a $5,000 contribution in support of the "Orange County Task Force on
Drowning Prevention."
Dept. ID AD-16-016 Page 2 of 3
Meeting Date: 5/16/2016
Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly.
Analysis:
On Wednesday, April 27, 2016, the Intergovernmental Relations Committee met to discuss
pending State legislation. The Committee reviewed the 2016 State Legislative Matrix
provided by the City's State Advocate, Townsend Public Affairs. The Committee was
presented with a request from the League of California Cities to take a formal support
position on AB 2403 and the Committee members chose to take support positions on SB
1273 and AB 2255.
➢ SB 1273 (Moorlach)- Crisis Stabilization Units
SB 1273 would give county personnel greater flexibility over the use of Mental
Health Services Act funds for outpatient crisis stabilization services. This bill would
establish that the Mental Health Services Fund be continuously appropriated to and
administered by the State Department of Health Care Services to fund specified
county mental health programs. Furthermore, this bill would clarify that the counties
may use Mental Health Services Fund moneys to provide outpatient crisis
stabilization. SB 1273 will provide another tool in the toolbox for counties on how
they can approach people facing a mental health crisis. Police Departments will
have additional options on how to handle those at risk and emergency rooms will be
less burdened.
➢ AB 2403 (Bloom) Alcoholism or Drug Abuse Recovery or Treatment Facilities
AB 2403 would require the State Department of Health Care Services to issue a
single license to a residential facility or integral facilities and would define integral
facilities to mean any combination of two or more facilities located on the same or
different parcels that collectively serve seven (7) or more persons that are under the
control or management of the same owner, operator, management company, or
licensee. To avoid overconcentration, AB 2403 has been amended to authorize the
Department to deny an application for a new license facility if the proposed location
is within 300 feet of an existing facility. This bill would also allow the Department to
approve a separation difference of less than 300 feet as long as it would not conflict
with the regulations of the city or county. A city or county can request the denial of
the license based on the overconcentration of facilities. As of May 2, 2015, AB,
2403 has passed the Assembly Health Committee and has been sent to the
Assembly Appropriations Committee.
➢ AB 2255 (Melendez) — Sober Living Homes
AB 2255 would define a "sober living home" as a residential property that meets
specified requirements. The bill would allow a state recognized non-profit
organization to establish minimum standards for sober living homes, including
protocols to address suspected drug and alcohol abuse or to report the death of a
resident. AB 2255 was amended on April 26 to further define a drug and alcohol free
residential property. As of May 2, 2015, AB 2255 has passed the Assembly Health
Committee and has been sent to the Assembly Appropriations Committee.
The Intergovernmental Relations Committee, comprised of Mayor Katapodis, Mayor Pro
Tern Sullivan, and Council Member Jill Hardy, approved a support position on all three
aforementioned bills.
Dept. ID AD-16-016 Page 3 of 3
Meeting Date: 5/16/2016
In addition to pending legislation, the Committee discussed supporting the "Orange County
Task Force on Drowning Prevention" (Task Force). The Task Force is launching a
countywide media campaign that will focus on awareness building with a primary focus on
swimming pool/spa safety where, in 2015, more than 60 percent of the incidents took
place. The primary message will focus on not swimming alone, which includes ensuring
proper supervision of young children.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1 . SB 1273 (Moorlach) — Crisis Stabilization Units
2. AB 2403 (Bloom) — Alcoholism or Drug Abuse Recovery or Treatment Facilities
3. AB 2255 (Melendez) — Sober Living Homes
4. Orange County Taskforce on Drowning Prevention — 2016 Drowning Prevention
Campaign Request for Funding Support
AMENDED IN SENATE APRIL 19, 2016
AMENDED IN SENATE MARCH 28, 2016
SENATE BILL No. 1273
Introduced by Senator Moorlach
February 18, 2016
An act to amend Section 5813.5 of the Welfare and Institutions Code,
relating to mental health.
LEGISLATIVE COUNSEL'S DIGEST
SB 1273, as amended, Moorlach. Crisis stabilization units: funding.
Existing law contains provisions governing the operation and
financing of community mental health services for the mentally
disordered in every county through locally administered and locally
controlled community mental health programs.Existing law,the Mental
Health Services Act, an initiative measure enacted by the voters as
Proposition 63 at the November 2, 2004, statewide general election,
funds a system of county mental health plans for the provision of mental
health services, as specified.
The act establishes the Mental Health Services Fund, continuously
appropriated to and administered by the State Department of Health
Care Services, to fund specified county mental health programs,
including programs funded under the Adult and Older Adult Mental
Health System of Care Act. Existing law prohibits these funds from
being used to pay for persons incarcerated in state prison or parolees
from state prisons.
This bill would clarify that the counties may use Mental Health
Services Fund moneys to provide outpatient crisis stabilization-s re e�
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SB 1273 —2—
. services to
individuals who are voluntarily receiving those services, even when
individuals who are receiving services involuntarily are treated at the
same facility. Because the bill would clarify the procedures and terms
of Proposition 63, it would require a majority vote of the Legislature.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. (a) The Legislature finds and declares all of the
2 following:
3 (1) There is an urgent and crucial need for mental health crisis
4 stabilization services in California.
5 (2) in -2013, the Califamia 1=egislature enaeted Senate Bill 8-2
6 (Chapter 34 of the Stattttes of -2013) to dedieate money for the
7 General Fund to suppoft erisis stabilization s
8 {3�
9 (2) In 2004, the California electorate approved Proposition 63,
10 the Mental Health Services Act, to address serious mental illness
11 among adults, children, and seniors, including
12 the provision of prevention and early intervention and support
13 ._ edict.' services.
14
15 (3) Currently, there are counties using Mental Health Services
16 Acts (MHSA) moneys for crisis stabilization services, and
17 other counties that are not.Some counties not using MHSA moneys
18 for crisis stabilization services have expressed the need for
19 clarification of state law that the coloration of voluntary and
20 involuntary services at facilities providing crisis stabilization
21 services does not preclude the use of MHSA moneys.
22 (b) The Legislature finds and declares that this act clarifies that
23 counties may use funds provided under the Mental Health Services
24 Act to provide services to individuals who are being temporatily
25 evaluated formental reasons-.voluntarily receiving services
26 at facilities at which individuals who are receiving services
27 involuntarily are also treated.
28 SEC. 2. Section 5813.5 of the Welfare and Institutions Code
29 is amended to read:
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1 5813.5. Subject to the availability of funds from the Mental
2 Health Services Fund, the state shall distribute funds for the
3 provision of services under Sections 5801, 5802, and 5806 to
4 county mental health programs.Services shall be available to adults
5 and seniors with severe illnesses who meet the eligibility criteria
6 in subdivisions (b) and(c) of Section 5600.3. For purposes of this
7 act, "seniors" means older adult persons identified in Part 3
8 (commencing with Section 5800) of this division.
9 (a) Funding shall be provided at sufficient levels to ensure that
10 counties can provide each adult and senior served pursuant to this
11 part with the medically necessary mental health services,
12 medications, and supportive services set forth in the applicable
13 treatment plan.
14 (b) The funding shall only cover the portions of those costs of
15 services that cannot be paid for with other funds including other
16 mental health funds,public and private insurance, and other local,
17 state, and federal funds.
18 (c) Each county mental health program's plan shall provide for
19 services in accordance with the system of care for adults and
20 seniors who meet the eligibility criteria in subdivisions (b) and(c)
21 of Section 5600.3.
22 (d) Planning for services shall be consistent with the philosophy,
23 principles, and practices of the Recovery Vision for mental health
24 consumers:
25 (1) To promote concepts key to the recovery for individuals
26 who have mental illness: hope, personal empowerment, respect,
27 social connections, self-responsibility, and self-determination.
28 (2) To promote consumer-operated services as a way to support
29 recovery.
30 (3) To reflect the cultural, ethnic, and racial diversity of mental
31 health consumers.
32 (4) To plan for each consumer's individual needs.
33 (e) The plan for each county mental health program shall
34 indicate, subject to the availability of funds as determined by Part
35 4.5 (commencing with Section 5890), and other funds available
36 for mental health services, adults and seniors with a severe mental
37 illness being served by this program are either receiving services
38 from this program or have a mental illness that is not sufficiently
39 severe to require the level of services required of this program.
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SB 1273 —4—
1 (f) Each county plan and annual update pursuant to Section
2 5847 shall consider ways to provide services similar to those
3 established pursuant to the Mentally Ill Offender Crime Reduction
4 Grant Program. Funds shall not be used to pay for persons
5 incarcerated in state prison or parolees from state prisons.
6 (1) When included in county plans pursuant to Section 5847,
7 funds may be used for the provision of mental health services under
8 Sections 5347 and 5348 in counties that elect to participate in the
9 Assisted Outpatient Treatment Demonstration Project Act of 2002
10 (Article 9 (commencing with Section 5345) of Chapter 2 of Part
11 1).
12 (2) When included in county plans pursuant to Section 5847,
13 funds may be used for the provision of outpatient crisis stabilization
14
15 ,
16 as define C71 Seet:o.,. 5671,
6 71 rehabilitative mental health se P'Le%�n'
17 and mobile erisis support teams, itieluding persontiel and the
18 pureltase or lease of equipffletit sidelt as velti services to
19 individuals who are voluntarily receiving those services, even
20 when facilities colocate services to individuals who are receiving
21 services involuntarily are treated at the same facility.
22 (g) The department shall contract for services with county
23 mental health programs pursuant to Section 5897. After the
24 effective date of this section,the term grants referred to in Sections
25 5814 and 5814.5 shall refer to such contracts.
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AMENDED IN ASSEMBLY APRIL 26, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION
ASSEMBLY BILL No. 2403
Introduced by Assembly Member Bloom
(Principal coauthor:Assembly Member Wilk)
(Principal coauthor: Senator Allen)
(Coauthor:Assembly Member Brough)
February 19, 2016
An act to amend Sections 11834.02, 11834.09,11834.29,-ate
11834.23 and 11834.20 of the Health and Safety Code, relating to
alcoholism and drug abuse.
LEGISLATIVE COUNSEL'S DIGEST
AB 2403, as amended, Bloom. Alcoholism or drug abuse recovery
or treatment facilities.
Existing law provides for the licensure, certification, and regulation
of alcoholism or drug abuse recovery or treatment facilities, as defined,
administered by the State Department of Health Care Services.Existing
law authorizes the department, if certain criteria are met, to issue a
single license to a residential facility or a facility wherein separate
buildings or portions of a residential facility are integral components
of a single alcoholism or drug abuse recovery or treatment facility and
all of the components of the facility are managed by the same licensee.
This bill would instead require the department, if certain criteria are
met,to issue a single license to a residential facility or integral facilities
and would define "integral facilities" to mean any combination of 2 or
more facilities located on the same or different parcels that collectively
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AB 2403 —2—
serve 7 or more persons, as specified, and that are under the control or
management of the same entity,as specified,or which together comprise
one operation or enterprise.
This bill would—tequitle authorize the department to deny an
application for a new facility license if the proposed location is in
proximity to an existing facility that would result in overconcentration.
The bill would define "overconcentration" as 2 or more alcoholism or
drug abuse recovery or treatment facilities being separated by a distance
of 300 feet or less, as specified, with the exception of facilities that
combine to form integral facilities.The bill would further authorize the
provision,department, notwithstanding this department to approve a
separation distance of less than 300 feet if the proximity of facilities to
one another would not conflict with regulations of the city or county in
which the proposed facility will be located.
The bill would authorize a city or county to request denial of the
license applied for on the basis of an overconcentration of facilities.
The bill would require the department or county licensing agency, at
least 45 days prior to approving an application for a new facility, to
notify the appropriate city or county planning agency, as specified, of
the proposed location of the facility. By imposing new duties on local
officials, the bill would create a state-mandated local program.
treatment �fteility that serves 6 or f�wer persons to be eonsidered
residetitial ttse 4 property, as speeified, and requires the residents and
This bill Would provide that the ab ft does not apply to
integral �fteilities and would provide that a eity, eounty, or eity and
restrieted lay these proviistioft-I .-I ffln 41terested Party with standing to
review of the Reensing deeision of the depfftment and enforee the above
previsie�rs-
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
97
—3— AB 2403
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11834.02 of the Health and Safety Code
2 is amended to read:
3 11834.02. (a) As used in this chapter, "alcoholism or drug
4 abuse recovery or treatment facility or facilities," "facility," or
5 "facilities" means any premises, place, or building that provides
6 24-hour residential nonmedical services to adults who are
7 recovering from problems related to alcohol, drug, or alcohol and
8 drug misuse or abuse, and who need alcohol, drug, or alcohol and
9 drug recovery treatment or detoxification services.
10 (b) As used in this chapter, "adults" may include, but is not
11 limited to, all of the following:
12 (1) Mothers over 18 years of age and their children.
13 (2) Emancipated minors,which may include,but is not limited
14 to, mothers under 18 years of age and their children.
15 (c) As used in this chapter, "emancipated minors" means
16 persons under 18 years of age who have acquired emancipation
17 status pursuant to Section 7002 of the Family Code.
18 (d) As used in this chapter, "integral facilities" means any
19 combination of two or more facilities located on the same or
20 different parcels that collectively serve seven or more persons,not
21 including the licensee or members of the licensee's family or
22 persons employed as facility staff, and that are under the control
23 or management of the same owner, operator, management
24 company, or licensee, or any affiliate of any of them, or which
25 together comprise one operation or enterprise. Integral facilities
26 shall include,but not be limited to,the provision of housing in one
27 facility and recovery programming,treatment,meals,or any other
28 service at another facility or facilities, or by assigning staff or a
29 consultant to provide services to or in more than one facility.
30 (e) Notwithstanding subdivision(a),an alcoholism or drug abuse
31 recovery or treatment facility may serve adolescents upon the
32 issuance of a waiver granted by the department pursuant to
33 regulations adopted under subdivision (c) of Section 11834.50.
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AB 2403 —4—
1 SEC. 2. Section 11834.09 of the Health and Safety Code is
2 amended to read:
3 11834.09. (a) Upon receipt of a completed written application,
4 fire clearance,and licensing fee from the prospective licensee,and
5 subject to the department's review and determination that the
6 prospective licensee can comply with this chapter and regulations
7 adopted pursuant to this chapter,the department shall issue a single
8 license to the following types of alcoholism or drug abuse recovery
9 or treatment facilities:
10 (1) A residential facility, other than integral facilities.
11 (2) Integral facilities, as defined in subdivision (d) of Section
12 11834.02.
13 (b) Failure to submit a completed written application, fire
14 clearance, and payment of the required licensing fee in a timely
15 manner shall result in termination of the department's licensure
16 review and shall require submission of a new application by the
17 prospective licensee.
18 (c) Failure of the prospective licensee to demonstrate the ability
19 to comply with this chapter or the regulations adopted pursuant to
20 this chapter shall result in departmental denial of the prospective
21 licensee's application for licensure.
22 SEC. 3. Section 11834.20 of the Health and Safety Code is
23 amended to read:
24 11834.20. (a) The Legislature hereby declares that it is the
25 policy of this state that each county and city shall permit and
26 encourage the development of sufficient numbers and types of
27 alcoholism or drug abuse recovery or treatment facilities as are
28 commensurate with local need.
29 (b) (1) it shall be presumed that loeal need is satisfied, an
30 For any licensing application submitted on or
31 after January 1, 2017, the department may deny an application
32 for a new facility license, if the proposed location is in proximity
33 to an existing facility that would result in overconcentration.
34 (2) As used in this section, "overconcentration" means that if a
35 new license is issued, two or more alcoholism or drug abuse
36 recovery or treatment facilities will be separated by a distance of
37 300 feet or less, as measured from the nearest property line on
38 which an existing facility is located to the nearest property line of
39 the proposed facility. The siting of facilities that combine to form
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—5— AB 2403
1 integral facilities within 300 feet of one another shall not result in
2 overconcentration.
3 (3) Based on
4 special local needs and conditions, the department may approve a
5 separation distance of less than 300 feet if the proximity of facilities
6 to one another would not conflict with regulations of the city or
7 county in which the proposed facility will be located.
8 (c) Any city or county may request denial of the license applied
9 for on the basis of an overconcentration of facilities.
10 (d) At least 45 days prior to approving any application for a
11 new facility,the department or county licensing agency shall notify
12 in writing the planning agency of the city, if the facility is to be
13 located in the city, or the planning agency of the county, if the
14 facility is to be located in an unincorporated area, of the proposed
15 location of the facility.
16 (e) The provisions of this article apply equally to any chartered
17 city, general law city, county, city and county, district, and any
18 other local public entity.
19 (f) For the purposes of this article, "six or fewer persons" does
20 not include the licensee or members of the licensee's family or
21 persons employed as facility staff.
22 SEG. 4. Seetion 11834.-23 of the Health and Saf�ty Go
23 amended to read:
24 11834.23. (a) Witet-her or tiot unrelated persons are 1i "In
25
26 that serves six or fewer persons sliall Ihe eonsidered a residential
27 use of propefty for the purposes of this artiele. in addition-,41te
28 residents and operators of the faeility shall be eonsidered a family
29 for the pufposes of any law or toning ordinanee that relates to fh-t
30
31
32
33 persons shall not be ineluded within the definition of a boar-ding
34 house,rooming house, institution or home for the eare of i
35 ,
36
37
38
39 a single family residenee.
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AB 2403 —6—
1 ,
2
3 heights, setbaek, lot dimensions, or plaeement of signs of an
4
5 six or ftwer persons as long as the festtietions are idetitieal to those
6
7
8
9 any loeal ordinanee that deals with health and sa�ety, building
10
11
12
13
14
15 dmg abuse reeovery or treatment f�eilities f�om persons who reside
16 in other sitigle4ftmily .
17
18
19 or treatfflent �fteility 4tat serves six or fewer persons 41at is not,
20 .
21 (f) Use of a single family dwelling for pwposes of an aleoholis
22
23
24
25
26 ,roetrvnr 1314 --oi 13143.6, to 4te exzerlt-4rase sees--ale
27
28 .
29
30 .
31
32
33 or treaftnent faeility is restrieted by this seetion is an interested
34 party with standing to pttrstte any a�vailable administrative appet+s�
35
36 .
37 SEG. 5.
38 SEC. 4. If the Commission on State Mandates determines that
39 this act contains costs mandated by the state, reimbursement to
40 local agencies and school districts for those costs shall be made
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—7— AB 2403
1 pursuant to Part 7 (commencing with Section 17500) of Division
2 4 of Title 2 of the Government Code.
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AMENDED IN ASSEMBLY APRIL 26, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION
ASSEMBLY BILL No. 2255
Introduced by Assembly Member Melendez
(Principal coauthor: Assembly Member Brough)
(Coauthor:Assembly Member Harper)
(Coauthor: Senator Bates)
February 18, 2016
An act to add Section 11834.19 to the Health and Safety Code,
relating to residential facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2255, as amended, Melendez. Drug and alcohol free residences.
Existing law provides for the licensure and regulation of community
care facilities by the State Department of Social Services. Existing law
also provides for the licensure and regulation by the State Department
of Health Care Services of adult alcoholism and drug abuse recovery
and treatment facilities for adults.
This bill would, among other things, define a "drug and alcohol free
residence" as a residential property that
at id is operated as a cooperative living arrangement to provide
an alcohol and drug free environment for persons recovering from
alcoholism or drug abuse, or both, who seek a living environment in
which to remain clean and sober. The bill would provide that a drug
and alcohol free residence may be certified by an organization approved
by the State Department of Health Care Services, defined as "an
approved certifying agency." The bill would provide that a residence
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AB 2255 —2—
housing persons who purport to be recovering from drug or alcohol
abuse would be presumed to be a drug and alcohol free residence if the
residence has been certified by an approved certifying organization.
The bill would require an approved certifying to
organization to, among other things, maintain an affiliation with a
recognized national organization,approved by the department,establish
procedures to administer the application, certification, renewal, and
disciplinary processes for a drug and alcohol free residence, and
investigate and enforce violations by a residence of the organization's
code of conduct, as provided. The bill would specify the information
and documentation that an operator who seeks to have a residence
certified is required to submit to an approved certifying organization.
This bill would require the department to maintain and post on its
Internet Web site a registry that contains specified information regarding
each drug and alcohol free residence that has been certified or has had
its certification revoked.The bill would deem the activities of a certified
drug and alcohol free residence a residential use of property under
specified
circumstances.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11834.19 is added to the Health and
2 Safety Code, to read:
3 11834.19. (a) (1) For purposes of this section, "drug and
4 alcohol free residence"means a residential property that
5
6 (e) atid is operated as a cooperative living arrangement to provide
7 an alcohol and drug free environment for persons recovering from
8 alcoholism or drug abuse, or both, who seek a living environment
9 in which to remain clean and sober, and that satisfies all f the
10 sober.
11 (2) A drug and alcohol free residence may be certified by an
12 approved certifying organization pursuant to subdivision (c).
13 (3) A certified drug and alcohol free residence shall satisfy all
14 of the following requirements:
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1 (A) Residents,including live-in managers,operators,or owners,
2 are livitig a solher lifestyle. drug and alcohol free.
3 (B) Residents actively participate in legitimate programs of
4 recovery from substance use disorder, including, but not limited
5 to,Alcoholics Anonymous or Narcotics Anonymous programs.
6 (C) Within the drug and alcohol free residence, a resident who
7 has been referred to, and has access to, ongoing outpatient
8 treatment, aftercare, or other recovery maintenance services
9 continues to use these services in accordance with a clinically
10 managed system of care if one exists for the resident.
11 (D) Owners, managers, operators, and residents observe and
12 promote a zero tolerance policy regarding the consumption or
13 possession of alcohol or controlled substances being used in any
14 manner not consistent with a documented prescription.
15 {-2)
16 (4) A residence that houses persons who purport to be recovering
17 from drug and alcohol abuse shall be presumed to be a drug and
18 alcohol free residence if the residence has been certified by an
19 approved certifying organization.
20 {3�
21 (5) If a residence is certified pursuant to this section within 90
22 days of beginning its operations, the activities at that residence
23 shall be deemed a residential use of property and a use of property
24 by a singled family,pursuant to Article 2 (commencing with
25 Section 11834.20).
26 (b) For purposes of this section the following definitions apply:
27 (1) "Approved certifying organization" means an organization
28 approved by the department to register a residence as a drug and
29 alcohol free residence pursuant to this section.
30 (2) "Approved national organization" means a recognized
31 national organization, approved by the department, the primary
32 function of which is to improve access to, and the quality of,drug
33 and alcohol recovery residences through standards, education,
34 research, and advocacy.
35 (c) An approved certifying organization shall do all of the
36 following:
37 (1) Maintain an office in the state.
38 (2) Maintain nonprofit status in the state.
39 (3) Be an affiliate of,and continuously maintain affiliation with,
40 an approved national organization.
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AB 2255 —4-
1 (4) Maintain the most current standards published by the
2 approved national organization.
3 (5) Document that the organization actively develops and confers
4 professional, residential, or organizational quality designations
5 according to applicable nationally recognized standards.
6 (6) Establish drug and alcohol free residence certification
7 requirements.
8 (7) Establish procedures to administer the application,
9 certification, renewal, and disciplinary processes for a drug and
10 alcohol free residence.
11 (8) Inspect, at least annually, a drug and alcohol free residence
12 to ensure compliance with certification requirements.
13 (9) Submit, to the department and the operator of a residence
14 that the organization certifies,a written code of conduct for a drug
15 and alcohol free residence that incorporates national standards for
16 legal and ethical conduct for recovery residences.
17 (10) Submit to the department and the operator of a drug and
18 alcohol free residence disciplinary guidelines that include sanctions
19 for first and subsequent violations of the organization's code of
20 conduct that allows the drug and alcohol free residence notice and
21 opportunity to correct a violation and requires the approved
22 certifying organization to revoke the certification of the residence
23 if the required corrective action is not completed within the
24 specified time period.
25 (11) Respond to and investigate suspected violations of the
26 organization's code of conduct.
27 (12) Require an operator who seeks to have a residence certified
28 to submit all of the following documents with the operator's
29 completed application and fee:
30 (A) Procedures and requirements for verifying that a resident
31 remains drug and alcohol free.
32 (B) A prohibition on the premises against alcohol,illegal drugs,
33 or the use of prescribed medications by an individual except as
34 prescribed by a physician and used in accordance with the
35 prescription.
36 (C) Policies to support a resident's recovery efforts.
37 (D) A good neighbor policy to address neighborhood concerns
38 and complaints.
39 (E) A policy for informing local government officials and
40 neighbors about the approved certification organization's complaint
97
—5— AB 2255
1 procedures, the contact number of the operator of the residence,
2 and a contact number of a minimum of one resident assigned with
3 the responsibility of mitigating a complaint.
4 (F) Rules for a resident, copies of forms provided to a resident,
5 relapse policy, fee and refund policies, and eviction procedures
6 and policies.
7 (G) Proof that the operator of the residence has completed a
8 minimum of 10 hours of alcohol and drug free program
9 management education approved by the approved certifying
10 organization.
11 (H) Proof that a minimum of one resident has received
12 certification approved by the approved certifying organization.
13 Certification shall include, at a minimum, the following subjects:
14 ethics, health and safety topics related to addiction recovery and
15 maintenance, and emergency planning procedures.
16 (13) (A) Review the registry posted on the department's Internet
17 Web site pursuant to subdivision (i) to determine whether the
18 residence that the operator has applied to have certified has had a
19 previous certification revoked or the operator submitting the
20 application for certification has operated a residence for which a
21 previous certification has been revoked.
22 (B) Deny an application for certification if the residence address
23 or operator name in the application is listed on the registry and
24 satisfies the conditions described in subparagraph (A), and send
25 the applicant a written notice of denial of certification.
26 (d) The department shall adopt application procedures and
27 standards of approval for an organization that seeks to be approved
28 by the department as an approved certifying organization.
29 (e) The department shall adopt application procedures and
30 standards of approval for an organization that seeks to be approved
31 by the department as an approved national organization.
32 (f) (1) The department may conduct periodic reviews of an
33 approved certifying organization to determine whether the
34 organization is in compliance with all applicable laws.
35 (2) The department may revoke approval of an approved
36 certifying organization if the organization does any of the
37 following:
38 (A) Ceases to be affiliated with the approved national
39 organization.
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AB 2255 —6—
1 (B) Fails to perform any of the duties imposed by subdivision
2 (c).
3 (C) Refuses to comply with sanctions imposed by the
4 department.
5 (D) Discontinues certifying drug and alcohol free residences.
6 (g) (1) The department may investigate complaints it receives
7 regarding a drug and alcohol free residence independently or in
8 conjunction with the approved certifying organization.
9 (2) The department may impose sanctions and commence
10 disciplinary actions, including revoking the certification of a
11 residence as a drug and alcohol free residence.
12 (h) A city, county, city and county, or local law enforcement
13 agency that suspects that a drug and alcohol residence is not
14 operating in compliance with the residence's code of conduct may
15 request the department to revoke the certification of that residence.
16 (i) The department shall maintain and post on its Internet Web
17 site a registry containing all of the following information:
18 (1) The street address and the name and contact telephone
19 number of the operator of each residence that has been certified
20 as a drug and alcohol free residence pursuant to this section.
21 (2) The street address of each residence that has had its
22 certification revoked.
23 (3) The name of each operator of a residence that has had its
24 certification revoked.
25
26
27 substanee abuse freatment, or a judge or par-ole board that sets
28 terms and eonditions for the release, pathle, or disehffge of ft
29
30
31 as a eert4fied drug and aleoltol free residettee ott the registry posted
32 ott the depffffflettf's
O
97
GRANGE COUNTY TASK FORCE
v _
Y ON DROWNING PMMENTION
2016 Drowning Prevention Campaign
Request for Funding Support
Help us prevent future tragedies
We Need Your Help
The County of Orange,through its Health Care Agency(HCA), is committing up to$250,000 in
matching funds from current budgeted resources to leverage community contributions to support a
collaborative drowning prevention media campaign developed in partnership with the Orange County
Task Force on Drowning Prevention.The Orange County Fire Authority(OCFA), Orange County
Sheriff's Department, and City of Irvine has each committed $25,000 to this important cause. HCA will
utilize all funds to directly purchase campaign development services, media placements, printing,
collateral materials, and other related services and products.
I
The Need
Drowning is the leading cause of death for children ages one-to-four and among the five leading
causes of death for those under the age of 18 in Orange County. According to the OCFA there were
118 incidents of drowning reported in calendar year 2015, of which 50 resulted in death. These
incidents happen across the age spectrum with nonfatal incidents more common among children and
fatal incidents more common among adults, particularly older adults. Fatal and nonfatal incidents are
tragic for all involved.
The Campaign
The Task Force is launching a new countywide media campaign in spring 2016. Based on local data,
the campaign will have two targets: parents and caregivers of children ages four and under and adults
50 years and older. The purpose of this initial campaign is awareness building with a focus on
swimming pool/spa safety where more than 60%of the incidents in 2015 took place.The primary
message will focus on not swimming alone,which includes ensuring proper supervision of young
children.This messaging is based on recommendations from the American Red Cross and the
American Academy of Pediatrics.
To make a contribution please contact the OC Task Force on Drowning Prevention Secretary, Alexa
Pratt at alexapratt@ocfa.org or(714) 573-6258.
Esparza, Patty
From: Nat Wong [natrwong@gmail.com]
Sent: Friday, May 13, 2016 7:10 PM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: Sober living home on 18th st
AGENDA COMMENT
Dear City council members,
I am writing in regards to the Sober living home on 18th St. between Orange and
Pecan. I live near this home and my concern of this home has escalated to a new level. Yes,
they have been noisy, loud, brought more in and out traffic with dangerous driving, and the
amount of cigarette butts we are constantly picking up and the 2nd hand smoke my small kids
have to endure has been beyond horrible. However, what concerns me most is the amount of
dirty men that sit outside parked waiting for hours at a time! ! these men have direct view of
my house and my little GIRLS playing outside. I am the wife of a firefighter that works many
nights and a mother of 2 young girls! I am constantly home alone with my girls and it
terrifies me when these men are waiting outside of this sober living home. I've caught these
men disgustingly staring at my girls while they play and I've had to rush my kids inside my
home and pray they don't come near my house.
I don't understand how a sober living home could pop out of nowhere with out the
neighborhood being able to vote for it or approve it. It is my understanding that if I want
to sell my home I have to disclose that there is a sober living home near me, however a sober
living home doesn't have to disclose that they are planing to open in my neighborhood. How is
this possible? They are a full operated business! why don't they have a business lichees?
why are they not monitored or regulated?
Please I beg of you to regulate these homes before something horrible happens to my
little girls, or any other girls in this neighborhood. We are too close to an preschool,
elementary school, middle school, and high school. Please do something about this home and
all sober living homes in HB.
Thank you for your time,
Nathalie Wong
SUPPLEMENTAL
COMMUNICATION
Meeting Date:
Agenda Item No.
i