HomeMy WebLinkAboutSubmitted by Councilmember O'Connell - Directed the City Man0�� ® CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: Honorable Mayor and City Council Members
From: Billy O'Connell, City Council Member 16.
Date: April 25, 2016
Subject: Item Submitted by Council Member O'Connell for the May 2, 2016,
City Council Meeting — Recommendation for City Council to Review
Current Statutes Relative to Alcohol and Drug Recovery Facilities
and Sober Living Homes
STATEMENT OF ISSUE:
Over the past decade, communities have experienced a significant increase in the
number of single-family homes being utilized as alcohol and drug recovery facilities for
large numbers of individuals. Speculation as to what has driven the increase in these
"sober living homes" ranges from voter passage of the Substance Abuse and Crime
Prevention Act and Proposition 47 (Safe Neighborhoods and Schools Act) to expand
substance abuse treatment coverage provided through the Affordable Care Act. With
the increase in these facilities, cities have reported experiencing problems with
overcrowded and/or over -concentrated group homes in single-family neighborhoods.
State law requires that group homes of six or fewer residents be regulated in the same
manner as single-family residences for zoning purposes; as such, the Huntington Beach
Housing Element and Zoning Code expressly affirms that residential care facilities are a
permitted use in all residential zoning districts.
While the state Department of Health Care Services (DHCS) has sole authority to
license facilities providing 24-hour residential non -medical services to eligible adults
who are recovering from problems related to alcohol or other drug (AOD) misuse or
abuse, state law does not regulate supportive living facilities like sober living homes;
which provide no treatment services. More specifically, state licensure is required for
residential care facilities/homes when at least one of the following services is provided:
detoxification, group sessions, individual sessions, educational sessions, or alcoholism
or drug abuse recovery or treatment planning.
As of April 15, 2016, according to the state DHCS website, the City of Huntington Beach
had a total of 21 state -licensed, non -medical alcohol and drug abuse recovery or
treatment facilities, of which 13 were residentially based facilities. Additionally, there
are an unidentified number of "sober living homes" operating within Huntington Beach,
which begs the question: How many are there?
5-2-2016
Approved 7-0
Council Member O'Connell Item
May 2, 2016, City Council Meeting
Page 2
April 25, 2016
Granted, much of local government's legal authority over alcohol/drug program and
community care facilities is preempted by the state and federal government;
nonetheless, for the City Council to make informed decisions about matters within its
purview and to ensure the welfare and safety of all members of the community, it
behooves us to have a better understanding of the legislative, statutory, and regulatory
environment that surrounds residential recovery homes and other residential -care and
group -living facilities.
RECOMMENDED ACTION:
A) Direct the City Manager and City Attorney to undertake a review of current
statutes and other regulations relative to the operation of community -based
alcohol and drug recovery facilities and sober living homes.
B) Report back findings and recommendations to the City Council at a future Study
Session.
Xc: Fred Wilson, City Manager
Ken Domer, Assistant City Manager
Joan Flynn, City Clerk
Michael Gates, City Attorney