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HomeMy WebLinkAboutCORRESPONDENCE - 50AJune 21, 2016 City Council Meeting Correspondence 50A -EMERGENCY ORDINANCE - 45 -DAY MORATORIUM ON BOARDINGHOUSE, LODGING HOUSE, ROOMING HOUSE USE OR MOLT. TENANCIES IN A SINGLE APARTMENT UNIT Date of Sender/Representative Agency 1, 6/21/2016 Hassan Haghani City of Santa Ana 2, 6/21/2016 Lee Heligimann, CEO Clean Path Recovery 3, 6/21/2016 Robert 1- Mann Jr., Chairman Clean Path Recovery 4, 6/21/2016 David M. Sheridan, Executive Clean Path Recovery Director 5. 6/21/2016 Robert Mann, Public Relations Clean Path Recovery Director :lAgendas12010 Age ndaslExhihits 2078 -Current Meet! ng12016 06 21-Exhibits-Correspondence50A.decx Alcala, Abigail From: Huizar, Maria Sent: Tuesday, June 21, 2016 12:43 PM To: eComment Subject: ECOMMENTS - Request to Table Item 50A-1 Tonight Enter into the record. From: Haghani, Hassan Sent: Tuesday, June 21, 2016 12:36 PM To: City Council <CityCounci12@santa-ana.org> Cc: Cavazos, David <DCavazos@santa-ana.org>; Carvalho, Sonia R. <SCarvalho@santa-ana.org>; Huizar, Maria <MHuizar@santa-ana.org>; Lawrence, Mark <MLawrence@santa-ana.org> Subject: Request to Table Item 50A-1 Tonight Mayor and Council Members: Tonight, PBA staff will be requesting to table Item 50A. Following the City Attorney's advice, staff has been attempting to meet with the representatives of Moana Loa Apartments prior to tonight and hear their concerns. However, the property owner's team has not been able to make the times we offered to meet with them. In addition, some Council members have expressed concern over possible unintended consequences of such a moratorium. Therefore, tonight, I will be requesting to table this item for the time being. If the Mayor and Council agree to tabling the item, we will still be focused on correcting the Zoning Code definitions to avoid future problems. We will bring those corrections into future meetings. I apologize for any confusion or inconvenience this may have caused. Please let me know if any of you would like individual briefings or have any questions that we might be able to answer. Thank you. Hassan Haghani, AICP Executive Director City of Santa Ana Planning and Building Agency l M20 20 Civic Center Plaza I Post Office Box 1988 1 Santa Ana, CA 92702 hhaghani@santa-ana.org I Phone: (714) 667-2706 1 Fax: (714) 973-1461 Alcala, Abigail From: Robert Mann <RobertM@cleanpathbh.com> Sent: Tuesday, June 21, 2016 2:14 PM To: eComment Subject: Documentation Regarding Emergency Ordinance Agenda Item 50A Attachments: CSA Council_pak.pdf Good Afternoon City Council Members, Please accept these documents for your review prior to this evenings City Council Meeting. Regards, Robert Mann Public Relations Director Clean Path Recovery 949-258-7086 robertCl« cleanpathrecovery.com 1 Clorm Path PAxov ry I //ra,;irevrr The Path to Recover.v This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by HIPAA legislation (45 CFR, Parts 160 & 164). If you are not the intended recipient or the person responsible for delivering this email to the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender by replying to this email and then delete the email from your computer. 41 The Saber Living Network June 17, 2016 City Council Community Development Department City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Comments on proposed ordinance regarding multiple tenancies in single apartment units The Sober Living Network sets standards for, certifies and supports approximately 500 independent sober living homes in Southern California, and has been performing this service for over 20 years. Through our Orange County Sober Living Coalition we have been active in Santa Ana for most of that time. Our expertise is in standards and support services through which sober living homes operate as true community assets. We are co-founders of the National Alliance for Recovery Residences (NARR), the national standard-setting and advocacy organization for sober living homes and other types of recovery residences. NARR and the Network regularly consult with state and local governments on best practices for individual providers and for statewide systems of residences. We are not attorneys, but we do encounter discriminatory and at times hostile environments from time to time. We have extensive experience in fair housing matters where the rights of disabled individuals are affected or threatened. We often advise local governments on permissible zoning regulations in situations where fair housing rights are an issue. Our experience in California and elsewhere suggests that local governments are often induced by local residents to violate their obligations to persons with disabilities. We were alerted to your pending moratorium, immediate penalties for perhaps hundreds of existing Santa Ana landlords, and the underlying rationale for these actions by a well-regarded addiction recovery services provider who is a member of our organization. In reviewing the proposed ordinance, a few things raise concerns. Sober living households operate as single family -like units, and are protected in their access to housing by California and Federal law. Although most sober living homes are sited in single-family dwellings and neighborhoods, many utilize multifamily dwellings. Fair housing laws are applicable regardless of the dwelling type. The proposed ordinance fails to distinguish between uses that are protected by law and those that are not. Specifically, the law would make the following provisions effective immediately, and for a period of at least 45 days and perhaps longer at the discretion of the City Council: P.O. Box 5235 1 Santa Monica, CA 90409 1 (310) 396-5270 www.soberhousing.net I info@soberhousing.net Section 2. No boardinghouse, lodging house, rooming house uses, or multiple tenant occupancy within a single apartment unit is permitted within any residential zoning districts as defined in Article 11 of Chapter 41 of the Code. Section 5. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1-8 of the Code Our first observation is that these provisions will make illegal an unknown number of lease and rental agreements that likely exist in the city at present, and that are perfectly legal under current law. Lease agreements confer certain rights upon tenants, and obligations upon lessors, under California law. The above provisions would bring about a conflict of laws, whereby a lessor cannot comply with state law without violating the new provisions of this city ordinance. The language also threatens the housing security of an unknown number of tenants, many of whom may have no other housing options. Nothing in the material presented in the staff recommendations or the ordinance suggests that the City has sought to determine the number of tenants that will be affected. Language in the ordinance and in the recommendations of the Planning and Building Agency, discusses objections to multiple leases in multifamily units. Many low-income and disabled residents of Santa Ana receive housing assistance that may require them to have separate leases, even in shared housing. The failure to provide relief for disabled individuals whose housing expenses are paid by agencies requiring separate leases ignores the state policy (Mental Health Services Act) that established the individual lease provision. The same objection applies to veterans' housing programs such as VASH, which also require beneficiaries to have individual leases in order to qualify for their housing benefits. The provisions of this law will displace those individuals from their housing, and deprive others of being able to access that type of housing. We are particularly concerned about the focus on leases in households of disabled individuals, including the individuals in sober living homes. At least with respect to disabled residents, local requirements for single written rental agreements have been found illegal elsewhere. These requirements are considered to be, and are often used to create, barriers to access to housing for persons with disabilities, and are often used against households of individuals in recovery from substance use disorders (a protected class under both California and Federal law). Lease provisions were factors in the Newport Beach "sober living' ordinance, litigation and subsequent decision at the Ninth District Federal Court of Appeals that resulted in a substantial monetary settlement by the city in favor the plaintiffs. The City of Los Angeles briefly considered a similar feature in deliberations a few years ago, when it too sought to update its definition of "Boarding or Rooming House." They abandoned that approach after receiving Page 2 of 3 advice from fair housing experts. The City of San Jacinto recently settled a Federal housing discrimination lawsuit with the U.S. Department of Justice. Among the issues was a city ordinance similarly seeking to restrict the terms under which disabled individuals could live together in a dwelling. In considering this action the city should be mindful of its obligations to affirmatively promote housing opportunities for persons with disabilities, and the covenants in place as conditions of receiving federal housing funds. We understand that this ordinance was motivated by concerns about an individual owner of a multifamily building, and about how they might be utilizing the property. In our experience, such concerns often involve housing for individuals afforded state and federal fair housing protection. Our experience elsewhere in California suggests that local governments are often induced by local residents to violate their obligations to persons with disabilities. That was certainly the case in Newport Beach, where the city enacted laws found by the Ninth Circuit to have been motivated by discriminatory intent. That finding was reached despite the fact that the text of the statute did not contain overtly discriminatory language. We will be happy to discuss other reservations we have, including concerns that provisions such as the ones apparently being considered might be inappropriately applied to households operating as family -like units. Attempts to target such households would violate state and federal fair housing protections, and also privacy protections under California law. For a number of reasons we believe this approach is unwise, harmful to disadvantaged and disabled individuals, and creates real harm. We would be happy to discuss these concerns with you in more detail, and appreciate your willingness to review this submission. Sincerely, David. Sheridan Executive Director (310) 701-8408 dave@soberhousina.net Page 3 of 3 v� vY ORANGECOUNTY SOBER LIVING COALITION City Council City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 June 21, 2016 RE: PROPOSED EMERGENCY ORDINANCE ADOPTING A45 -DAY MORATORIUM ON THE ESTABLISHMENT, OPERATION OR EXPANSION OF ANY BOARDINGHOUSE, LODGING HOUSE, ROOMING HOUSE USE OR MULTIPLE TENANCIES IN A SINGLE APARTMENT UNIT Honorable City Council, The Orange County Sober Living Coalition sets standards for, certifies and supports independent sober living homes in Orange County. Coalition membership identifies houses as being safe, clean, well- managed and ethical. Members also share in the decades of collective experience of some of the best sober living providers today. They have the means to stay current with best practices nationwide. They're informed about legal and regulatory events affecting their operations, and the lives of the recovering individuals they serve. Coalition member homes enjoy a positive reputation as quality housing providers. Member homes are known to have met the requirements set for membership. The quality of member homes is assured through regular inspections. Member operators and staff sign a Code of Ethics governing conduct toward each other and their residents. Member homes stand out from non-member homes, which are not governed by any set standard of quality. Various legal jurisdictions and service providers are beginning to recognize the difference in referring clients to homes that are certified by the Coalition. The Orange County Sober Living Coalition along with The Sober Living Network actively monitor political and legal issues that affect sober living homes. It acts as informed advocate on those issues, and has standing to be heard before legislative staff and local regulators. We were alerted to your pending moratorium, which creates immediate penalties for perhaps hundreds of existing Santa Ana landlords. In reviewing the proposed ordinance, a few things raise concerns. Sober living households operate as single family -like units, and are protected in their access to housing by California and Federal law. Although most sober living homes are sited in single-family dwellings and neighborhoods, many utilize multifamily dwellings. Fair housing laws are applicable regardless of the dwelling type. The proposed ordinance fails to distinguish between uses that are protected by law and 1650 Adams Ave. Costa Mesa CA 92626 0v ,v ORANGE COUNTY v V SOBER LIVING 't� fid' COALITION those that are not. The Orange County Sober Living Coalition welcomes the opportunity to discuss other reservations we have, including concerns that provisions such as the ones apparently being considered might be inappropriately applied to households operating as family -like units. Attempts to target such households would violate state and federal fair housing protections, and also privacy protections under California law. Respectfully, Robert H. Mann Jr. Chairman Orange County Sober Living Coalition 760-777-3729 ATTACHMENT: Standard for Quality Sober Living Homes (Sober Living Network) 1650 Adams Ave. Costa Mesa CA 92626 +� ' Sober Living Network Standard for Quality Sober Living Homes Baseline Standard for Committee Review and Comments Introduction and Purpose This Standard sets forth the minimum requirements that any quality sober living home must meet. These requirements are based on the combined experience of hundreds of sober living homes over decades of operation. The Standard is compatible with a wide variety of home organizational models. The revised Standard for Quality Sober Living Homes will, when approved, apply to all sober living homes affiliated with the Sober Living Network through its recognized and affiliated Sober Living Coalitions. The Standard will be maintained by the Network Standards Committee and may be amended in a manner determined by the Network Board of Directors in consultation with its affiliated Coalitions. Section 1: Safety, maintenance, appearance, space requirements A good home is safe, well maintained, has suitable space for its residents and is in keeping with neighborhood standards. 1. The home's appearance must be neat, and the home and grounds maintained in a manner consistent with other homes in the neighborhood. 2. The home must be equipped and furnished in accordance with Coalition inspection guidelines. 3. The home must meet all health and safety standards established by the Coalition and included in their inspection guidelines. 4. Common areas must be adequate for the number of residents in the home, and must be freely accessible to all residents. 5. The home must, to the extent possible, not give any outward indication that it is a sober living home. Exceptions include signage for homes in commercial zones, homes which are located in commercial or similar structures and homes which are not in single family residential neighborhoods. 6. Garages, outbuildings and similar structures, temporary structures and common areas may not be used as sleeping quarters. 7. Bedroom occupancy must conform to Coalition guidelines. B. Bedroom and dwelling occupancy may not exceed the dwelling's legal capacity as defined by the town or city's fire and safety codes applicable to all residences in the neighborhood. Sober Living Network Standard for Homes March 2011 9. If the city, town or comparable jurisdiction in which the home is located imposes occupancy limits or other requirements which do not apply equally to all dwellings in the neighborhood regardless of the type of household, violation of such limits is not construed as a violation of this Standard. 10. Homes are expected to be responsive to neighbors' complaints with respect to secondhand smoke. Smoking areas must not abut adjacent property or allow excessive smoke to enter neighboring homes or yards. 11. Coed homes must have separate bathrooms for each gender, provide clearly separated living quarters and otherwise be suitable for a mixed population. 12. Parent/Child homes must provide suitable, safe play areas for children. 13. Parent/Child homes must ensure adequate supervision of children whose parents are absent from the home. Section 2: Admission requirements, forms, documentation, record keeping and reporting Sober living homes are first and foremost families of people in recovery, living together for mutual support. Appropriate admission guidelines ensure that residents are compatible, and that they are united by a desire to further their recovery from addiction. The application and admission process supports full disclosure to potential residents about their rights and obligations, and establishes a mutual understanding of the recovery goals of the home. 1. Applicants admitted for residence must suffer from, and be in active recovery from, at least one treatable substance use disorder including alcoholism and/or drug addiction, regardless of other addictions or behavioral health conditions from which they may also suffer. 2. All applicants must be able to engage independently in major life activities including eating, dressing, bathing and other activities consistent with independent living. 3. Applicants must have the firm intention of remaining clean and sober, and of actively engaging in a program of recovery. 4. Applicants must be assessed for their ability to become part of a harmonious home environment, taking into consideration the needs of individual residents and the character of the existing resident family. 5. Minors may not be admitted as residents in any home which also houses residents over the age of 18, except for minor children of parents admitted as residents of approved parent/child homes 6. Applicants must be fully informed of all fees and charges for which they will be responsible 7. Homes must disclose refund policies to applicants in advance of acceptance into the home, and before accepting any applicant funds. 8. Applicants must be informed about policies regarding abstinence, toxicology testing, recovery participation and other requirements. 9. Applicants must receive a complete written set of house rules and other requirements of residence. Page 2 of 8 Sober Living Network Standard for Homes March 2011 10. Applications must include the name and contact information for person(s) to be contacted in case of an emergency. 11. Applicants must be advised of house policies on medications, and must explicitly consent to such policies before being accepted as residents. 12. Residents must be informed that the home is a family unit, and that they do not have personal property rights in any specific portion of the home. 13. Applicants must be informed of their rights to avail themselves of Coalition grievance procedures, including contact information for designated Coalition staff. 14. The Coalition will review the home's application and intake documents as part of the inspection process. The Coalition reserves the right to disapprove or request modifications to documents based on policies it publishes and distributes to members. The Coalition will maintain a family of pre -approved intake and related documents for optional use by member homes. 15. Applicant and resident records are confidential documents, and must be treated as such. All such records must be maintained in a secure and locked location either on or off premises. 16. Records maintained electronically must not be accessible to residents or others, except for those explicitly delegated with the authority to view such information. Section 3: Abstinence, enforcement, testing The heart of the sober living experience is the process of learning how to live a life free from drugs and alcohol. Requirements in this section support the important aspects of enforcing abstinence and of managing relapse situations. Other requirements ensure that toxicology screening is conducted in a consistent and fair manner by competent and trained individuals. 1. The home must document its disciplinary processes for residents who test positive for prohibited substances or who are otherwise determined to be in violation of abstinence rules. 2. The home must have and uniformly enforce a written toxicology testing protocol. 3. The home must document the training given to residents or staff responsible for administering toxicology tests. Section 4: Resident rights to quiet enjoyment of home and premises Residents are a family, and entitled to the peaceful enjoyment of their home and property. Homes serving both men and women must meet additional requirements to ensure the privacy and safety of their residents. Resident rights to utilize common areas must be consistent with the family nature of the household. 1. Bedroom doors must not have locks, except that a manager in residence, living in a private room, may have a lockable door. 2. Access to bedrooms may be limited to the room's residents. 3. Parent/Child homes serving women with children must not permit adult males to reside in the home. 4. Homes serving parents with minor children must be suitable for such purposes. Page 3 of 8 Sober Living Network Standard for Homes March 2011 5. Access to areas of the home permitted to some residents must be permitted to all residents, with exceptions for designated office and confidential records location as noted elsewhere herein. 6. An office for administrative activities and records storage may be maintained in the home, may be locked, and may be off limits to residents except with permission. 7. Businesses unrelated to or inconsistent with the private residential character of the home may not be operated on the home's premises. Section 5: Inspections Regular inspections are part of ensuring, for residents and the public, that your home meets the high standards expected. Cooperation is essential to the proper functioning of the inspection and quality assurance process. These requirements ensure the smooth functioning of the inspection process, and clarify the scope of Coalition inspections. 1. The home must comply with Coalition inspection procedures, including reasonable requests for inspection of the premises and business documents as described in the Coalition's inspection guidelines. 2. The home operator must cooperate with Coalition inspectors in their investigation of complaints involving the home, including providing access to premises, records and persons involved in the dispute. 3. Inspections may include review of remediation steps taken to resolve disputes with either residents or community members. 4. A single gender home may not convert to co-ed without a Coalition re -inspection and certification that the home is suitable for a co-ed population Section 6: House rules House rules are an important component of a safe and supportive recovery environment. Homes take a variety of structural approaches in this regard. The Standard does not specify what rules a home may adopt and enforce. Rather it specifies elements which must be present in house rules. Prohibitions include weapons, physical violence, threats of violence, abusive behavior or language. These requirements apply to house rules generally, regardless of the form of home organization or the resident community. 1. Abstinence is required of all residents. Abstinence requirements are not violated for certain medications taken as prescribed by physicians aware of the resident's substance use disorder, and where such medications are consistent with the home's published medication guidelines. 2. House rules must be based on respect for the dignity of the individual. 3. Threats, antisocial conduct, lewdness and behavior which violates the principle of respect for the individual must be strictly prohibited, and the prohibitions must be strictly enforced. 4. All residents must be actively involved in self-directed recovery program activities. Page 4 of 8 Sober Living Network Standard for Homes March 2011 5. Rights of residents to avail themselves of Coalition grievance procedures must be posted in a common area and easily readable by residents. 6. Resident use of marijuana, even with a doctor's prescription, is not permitted. Coalitions may review and approve requests for individual exceptions to this requirement on a case-by-case basis, and may impose additional resident testing requirements in cases where a waiver is granted. 7. Policies on resident medications must be written, disclosed to residents and strictly followed. Section 7: Resolution of disputes, grievance processes Prompt and effective dispute resolution is an important characteristic of a good home. Formal grievance procedures should be posted. Unresolved disputes and disagreements are detrimental to the recovery character of a home, and damage relations with the community. 1. In the event a resident is asked to leave the home, all reasonable efforts must be made to find alternative lodging, exception for immediate danger to health, safety and welfare of residents or the community. 2. The home must make arrangements with relocated residents for removal of personal possessions on mutually agreeable terms. 3. The home operator must make every reasonable effort to resolve resident disputes amicably and fairly. 4. Disputes between residents and either providers or staff must be resolved quickly and fairly whenever possible. Disputes which cannot be resolved within the family must be referred to the Coalition grievance committee. 5. The home must make all reasonable efforts to resolve neighborhood complaints brought to its attention. Section 8: Community relationships and good neighbor policies Homes are expected to make a positive contribution to the life of the neighborhood. Homes which cause problems for neighbors are not providing their residents with the living skills that are an integral part of the sober living experience. 1. House rules must foster behavior among residents which is respectful of neighbors and the community. 2. Excessive neighborhood or community complaints are evidence of poor home management, and will be considered as possible grounds for termination of membership privileges. 3. Residents must be given the contact information of a responsible party representing the home, and instructed that the information must be provided to neighbors upon request. 4. A responsible party representing the home must respond to neighborhood complaints within 12 hours of receipt of a complaint, even if it is not possible to resolve the issue immediately. 5. Rules regarding noise, smoking, and loitering must be responsive to neighbors' reasonable complaints. Page 5 of 8 Sober Living Network Standard for Homes March 2011 6. In neighborhoods where street parking is scarce, homes must have and enforce rules regarding parking courtesy such that residents do not monopolize parking in areas immediately adjacent to the home. Section 9: Ethical behavior, business practices Ethical behavior toward residents and with the public is essential to maintaining the trust and confidence placed in your home. Residents in positions of authority, paid staff and provider representatives who have contact with residents have a special duty to conduct themselves with integrity and professionalism. All homes must sign and abide by a Code of Ethics. Homes must carry adequate insurance of the proper type, and must meet their financial reporting obligations to staff and contractors. 1. All staff with resident contact must be abstinent on premises and during work hours 2. The home is required to comply with local ordinances applicable to all comparable dwellings in the same neighborhood. 3. Staff who are in recovery must be and remain abstinent at all times, even if not a resident in the home. 4. Staff found to have violated abstinence regulations may not remain in positions of authority or responsibility in the home. S. The home is required to comply with its Coalition code of ethics, and to be cooperative in Ethics Committee inquiries 6. Advertising and promotional material must not misrepresent physical accommodations, services offered or fees charged. 7. The home may not advertise that it provides treatment or other services for which a license is required, or the equivalent of such services. 8. Staff must never become involved in residents' personal financial affairs, including lending or borrowing money, or other transactions involving property or services, except that the home may make agreements with residents with respect to payment of fees. 9. Applications for new and renewal Coalition membership must be complete and truthful. 10. All staff is subject to toxicology testing on demand if requested to submit to testing by a Coalition officer. This requirement extends to any provider personnel who have regular resident contact. 11. Refunds consistent with the terms of a resident agreement must be provided within 10 business days, and preferably upon discharge. 12. The home must comply with reasonable requests by former residents to retrieve possessions left at the home. Personal possessions may not be retained to offset unpaid resident financial obligations. 13. Staff may not involve residents in outside business interests, except that information about opportunities for paid employment may be provided. 14. The home operator must, within 10 business days, inform the Coalition of any legal proceedings lodged against the home or against anyone in a position of responsibility or authority over Page 6 of 8 Sober Living Network Standard for Homes March 2011 residents if such proceedings relate to or may reasonably affect the operation of the home. When in doubt, disclose. 15. No staff member may be sexually or romantically involved with a resident. 16. Violence or threats of violence by staff members against residents are not permitted under any circumstances, either on or away from the property. 17. Home must maintain insurance of the correct type and with minimum stipulated coverage 18. Homes must furnish individuals who are compensated for services, whether as employees or contractors, with Federal and state tax reporting forms within 30 days of the end of each year. Section 10: Activities and services Activities should promote recovery and facilitate mutual recovery support among residents. Homes are encouraged to provide a variety of opportunities to engage in life -affirming recovery activities inside and outside the home. However, such activities should be voluntary on the part of residents to encourage independent living skills. 1. Home may not operate treatment programs for which a license is required. Homes affiliated with or under common ownership of organizations providing licensed treatment or mental health services may be Coalition members, provided that such licensed services are not provided in the home. 2. Weekly family meetings of residents are permitted and encouraged. 3. Residents may not engage in a trade or business based in the home which is not permitted in the neighborhood 4. Homes must ensure that residents are actively engaged in their self -determined programs of recovery. 5. Homes may promote activities inside and outside the home, provided that such services do not alter the family nature of the home. Section 11: Training It is important that all persons in positions of authority or responsibility in the home, whether they are residents, alumni, non-residents or persons affiliated with the provider organization, receive proper training. The Network provides regular training workshops at locations throughout Southern California to ensure that requirements can be met. 1. Homes must comply with Network training requirements. Regardless of the minimum requirements in place, it is strongly advised that anyone in a position of responsibility or authority in the home receives Network training. 2. When member or home staff changes such that Network training requirements are no longer met, the home must ensure that replacement staff receives required training. 3. The home must ensure that all staff, including resident staff, who administer toxicology tests are trained in the proper administration of such tests, and must document that such training was provided. Page 7 of 8 Sober Living Network Standard for Homes March 2011 Section 12: Coalition participation, additional requirements, revision of this Standard Good homes are active participants in their local Coalitions. Local Coalition rules dictate the majority of members' requirements and duties. Coalitions also have standards, which complement those detailed herein. Network and Coalition standards change from time to time. Homes may request waivers from some standards, under a formal process administered by the Coalition. 1. A member home must comply with meeting attendance, financial and other requirements established by their Coalition. 2. A member home may appeal adverse Coalition decisions against it to the Network Standards Committee if a home believes that the relevant Coalition regulation is in conflict with Network policy. 3. Homes may petition their Coalition for waivers from elements of this Standard, with certain exceptions. 4. Waiver requests must be in writing, must state the specific requirement or prohibition from which a waiver is requested, must clearly state the reasons for the waiver, and the amount of time for which the waiver is requested. 5. Waivers may not be granted from requirements for abstinence, abstinence verification, participation in resident -directed programs of recovery from addiction, behavioral and certain other requirements. Coalitions maintain and will provide detailed information about the waiver process. 6. Coalitions may impose additional requirements on their member homes, provided those requirements do not conflict with the requirements and prohibitions in this Standard. 7. Homes outside areas with existing, Network -affiliated coalitions may make independent application directly to the Network for membership. 8. This Standard is subject to change, and may be amended according to procedures established by the Sober Living Network in consultation with its affiliated Coalitions. Page 8 of 8 Janie 21, 2016 City council City of Santa Aran 20 C;ivicCenter Plaza Santa Ana CA 92701 RE: PROPOSED UMERGENCY ORDINANCE ADOPTING A 45 -DAY MORATORIUM ON THE ESTABLISEMENT, OPERATION OR MANSION OF &NYBOARDINGHOUSE, LODGING 110tisEl , ROOMING HOUSE USE OR MWMILE T'ENA_NCECS IN A SINGLE APARTNXF.NT UNIT Honorable City Council, Clean. Fath Behavioral Health (CPBTI, Founded as Clean Fath Recovery, 201 I) has-been providing behavioral health services since 2011. CP3311 has continually provided services to the Grange County Healthcare Agency and has participated in the County's AS 1014 program since 2412.. CPBH Sober Living Homes are Sheriff Certified and are in complete complianee of all certification guidelines as outlined by the Orange County Board of Supervisors and the Change County Sheries Department, Clean Pith ]Behavioral Health's contract to supply sober living services to the AS 1019 program las just been approved by the Orange County Board of Supervisors for an additional two years, and CPBH would like to assure that we are idde to provide the Agency with the beds required to sustain and continue oliering the AS 109 program to those echo are eligible to participate. Many Ala 149 program participants are Santa Ana residents, Currently CPDD is to sign a lease effective July 1, 2016 on a inulti family property located on 2245 lsilson Drive, Santa. Ana to provide sober Paving services. if the Elnergency Ordinance is approved, we fear this may put a halt on the opening of this site, create a financial hardship for CPBH, and deep services for the disabled adults currently participating in the AS 1019 programa CPBII. would like to cooperate with the City of Santa Ana and inquires as to the steps required to do so. Prior to the discovery of Santa Ana's moratorium, we met with the planning department to inquire about the permitting rewired to proceed with the 2245 Kilson Drive project. We were informed that there was no special permitting or license required and were able to proceed; and we planned accordingly, Please advise hose CPBH and the City of Santa. Ana can work together to provide recovery services to the underserved citizens of Santa. Ana. We atixiou%ly- await your response. Lee ligir ,-XobgderfCEO 7.650 Adams Ave, Costa Mesa, Ca... 92626 4iface; (949)734-7932 Fax: (949)2479-1884 www:claanpathcacovety com Clean Path Recopy The Path to Recovery Good Neighbor Policy Clean Path Recovery has strictly enforced a Good Neighbor Policy for its staff members and residents. Part of recovery is being a responsible citizen. The following rules are not optional and are to apply at all times during your stay with us. Residents are not loiter in front of the residence and smoking in the front is strictly prohibited. You are to smoke only in the designated areas and use appropriate butt cans. Cigarette butts are NEVER to be thrown on the ground. The listening of stereos, and radios are only with headphones. Televisions are to be at a level which will not disturb neighbors. Quiet time is observed at 11:00 p.m. nightly. Residents are never to use inappropriate language inside or outside the residence. What may not be offensive to you, may highly offend others. Residents shall refrain from engaging in excessively loud, profane or obnoxious behavior that would duly interfere with our neighbors use and enjoyment of their home/property. Residents shall not harass, catcall or otherwise intimidate our neighbors in any manner. Residents will not engage in aggressive behavior with each other or neighborhood clients. Aggressive behavior will result in immediate discharge from the program. Residents will be properly dressed (Shoes, Shorts/Pants, Shirt) at all times. Residents are not to cut across or walk on neighbors' lawns or property. Residents are to park their vehicles/bicycles in the designated areas only. Clients are not to block any neighborhood sidewalks or thoroughfares ever. Residents being picked -up or dropped -off must do so in the driveway and should be done as safely and quickly as possible, do not idle or remain in driveway for any length of time. Radio's should always remain at an acceptable level and loud music is never permitted. Residents are not to litter anywhere in the community, and are to make every effort to keep our neighborhood clean. Residents are expected to be an asset and positive role model to our community at all times. Residents may not engage in a trade or home based business, except those that are acceptable by The City of Costa Mesa RI zone, while in residence at Clean Path Recovery. Failure to follow the rules outlined in the above Good Neighbor Policy may result in immediate discharge from our facility. This copy of the Clean Path Recovery's Good Neighbor Policy shall be posted on wall by front entrance at all times for easy access and review