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HomeMy WebLinkAbout22 - Legislative Update - Group Residential BillsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 22 June 10, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Legislative Update — Group Residential Bills ISSUE: What legislation is now in Sacramento addressing group residential uses? RECOMMENDATION: Receive and file. DISCUSSION: The City continues to follow at least four pieces of legislation in Sacramento that address local governments' ability to better regulate certain group residential uses, including licensed and unlicensed recovery facilities. The relevant bills are: AB 724 (Benoit) (passed the State Assembly, now in the Senate Health Committee) This bill would define a sober living home, and declare that it is exempt from State licensure as a treatment facility. It attempts to assist local governments in identifying true sober living homes versus those pretending to be the same, by declaring that a residence housing those purporting to be recovering from drug and alcohol abuse would be presumed to be a sober living home if it has been certified, registered, or approved by a recognized nonprofit organization like the Orange County Sober Living Network. The League of California Cities supports this bill. Generally, the City is supportive as well, provided that the new State definition of a sober living home does not limit our new ordinance and its provisions which call for local regulation of non - licensed treatment facilities. AB 2903 (Huffman) (passed the State Assembly, now in the Senate Rules Committee) This bill has gone through major changes since its introduction. Recall that State law protects California Department of Alcohol and Drug Programs (ADP) - licensed homes with six or fewer persons by requiring a local government to allow them in any residential zone and to treat them as a single family use for regulatory purposes (the City's new ordinance respects this law and does this). As it was introduced by Assembly Member Jared Huffman (D -Marin County), AB 2903 would have said this: Legislative Update — Group Residential Uses June 10, 2008 Page 2 (The requirement in State law that says a locality must treat a licensed "6 and Under" like any single family home) shall not include 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 that serves more than six persons and all of the components of the facility are managed by the same licensee. Assembly Member Huffman introduced this bill because of ADP's actions in 2007 in Sausalito, California regarding the former Alta Mira Hotel. ADP gave eight (8) treatment licenses for eight "6 and Unders" all run by the Alta Mira Treatment Program, when many residents and the City of Sausalito believed that the facility was operating the eight units integrally. The language above would have been significantly helpful to localities, including ours, that had multiple operators with multiple homes that operate such homes integrally. Indeed, when Sober Living by the Sea successfully convinced Judge James Selna to "stay' the portion of the City's ordinance that nearly mirrored AB 2903, AB 2903's passage became one of the few ways absent the pending litigation that the City could consider regulating the many integral facilities we believe operate in Newport Beach. This bill passed out of Assembly Health unanimously, but was held in Assembly Appropriations at its next stop. During this time period, opponents of the bill, likely from the treatment home operators' side as well as county drug program administrators, were able to convince the author to remove the "integral facilities" language in order to keep the bill moving. As a result, the bill was amended (and passed) out of Assembly Appropriations on May 23, 2008. The bill, now in the State Senate, now reads as follows: SECTION 1. Section 11834.05 is added to the Health and Safety Code, to read. 11834.05. The department may require any person or entity applying for licensure to provide the department, before a license is issued, any of the following: (a) Evidence that the treatment or recovery program meets existing zoning requirements. (b) Evidence that the facilities have secured all required fire permits and business licenses. (c) A copy of a neighbor introduction letter, including the name of, and contact information for, the licensed program. (d) Copies of written materials about the program that can be shared with neighbors. (e) Copies of a written protocol or procedures for program staff to follow when a complaint about the facility is received. As a result of these amendments, the most helpful aspect of AB 2903 is section (a) above. The deletion of the integral facilities language is disappointing. The League of California Cities supports AB 2903 (in both forms). SB 992 (Wiggins) (placed on the Inactive File) This bill required ADP to begin licensing and regulating sober homes. The concepts within the bill were later included in the budget "trailer" bills of last year, and today ADP is preparing to, by July 2009, develop and implement a comprehensive fee system for licensing and certifying sober living homes (called in this bill "Adult Recovery Maintenance Facilities'). This bill was sponsored by the California Association of Addiction Recovery Resources. The Association stated that the purpose of SB 992 was to "help ensure a safe environment for recovering addicts in their transition to sober living, and for the surrounding community." According to the Assembly Floor Analysis, ADP states that there are roughly 500 facilities which would be subject to the new regulations. 8 Legislative Update — Group Residential Uses June 10, 2008 Page 3 The League of California Cities supported SB 992. SB 1000 Harman Defeated in Committee (Senate Health) This was a City- sponsored bill which would have done several things, including defining "integral facilities." It was held in the Senate Health Committee last year as a "two -year bill" (akin to a defeat), and then amended and resurrected by Senator Tom Harman this year. On January 9, 2008 of this year, Council Member Henn and I attended the Senate Health Committee hearing on the amended version of the bill, which would have asked ADP to change its licensure application to make an applicant sign and verify that his or her application is consistent with local zoning. This is a concept not far from what is included today in AB 2903. SB 1000, however, was defeated, having received only two affirmative votes. The League of California Cities supported SB 1000, but the county drug program administrators and others were successful in convincing the Senate Health Committee that whatever is sponsored by the City of Newport Beach is suspect — i.e. "it looks like a simple bill, so therefore they must be up to something." Bill information and related letters are attached to this staff report. Conclusion. The City does not believe that our support for any of these bills — on top of the League's support — is warranted at this time. Indeed, in some ways our support of a bill tends to make it more difficult for the bill to pass — our name is a tad toxic in Sacramento on this issue. We intend to revisit our options in the legislative arena next year, following the implementation of our ordinance and studying the impacts (if any) of the November elections. Submitted by: Dave Kiff Assistant City Manager Attachments: Bill information 3 AMENDED IN ASSEMBLY MAY 23, 2008 CALIFORNIA LEGISLATURE- 2007-09 REGULAR SESSION ASSEMBLY BILL No. 2903 Introduced by Assembly Member Huffman (Principal coauthor: Senator Migden) (Coauthor: Assembly Member Adams) (Coauthors: Senators Dutton, Hannan, and Scott) February 22, 2008 An act to „___d Seetion 118;4.20 add Section 11834.05 to the Health and Safety Code, relating to alcohol and drug abuse treatment facilities. LEGISLATIVE COUNSEL'S DIGEST AB 2903, as amended, Huffman. Alcohol and drug abuse treatment facilities. Under existing law, the State Department of Alcohol and Drug Programs licenses adult alcoholism or drug abuse recovery or treatment facilities. Existing law allows the depamnent to issue a liectise to managed by the same lieensee if the applieartt Fneets speeified regctireinents requires any person or entity applying for licensure to file with the department a completed written application for licensure, an approvedfire clearance, and a licensure fee. Existing w . eqttires a fiteility .., 5 AB 2903 —2— boarding hottse or other �-innilar tenft thaf implies thett the 4 ^v ^^ This bill vv v d that 1 that er, fewer persons l This bill would authorize the department to require any person or entity applying for licensure to provide specified information to the department regarding the facility or treatment or recovery program. Vote: majority. Appropriation: no. Fiscal committee: eyes. State - mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Section 11834.05 is added to the Health and 2 Safety Code, to read- 3 11834.05. The department may require any person or entity 4 applying for licensure to provide the department, before a license 5 is issued, any of the following: 6 (a) Evidence that the treatment or recovery program meets 7 existing zoning requirements. 8 (b) Evidence that the facilities have secured all required fire 9 permits and business licenses. 10 (c) A copy of a neighbor introduction letter, including the name 1 1 of and contact information for, the licensed program. 12 (d) Copies of written materials about the program that can be 13 shared with neighbors. 14 (e) Copies of a written protocol or procedures for program staff 15 to fallow when a complaint about the facility is received 16 1834. 11'ealthafid 17J amended to read! 18 118;4.-20. The Legislature hereby deelafes that it is the paliey 19 of this staie 'hat L etteh eaunty and ei A5 shall Pen-nit 20 the development oFsttAeient 21 . , 22 with leeal need.. 98 I 4 5 6 7 8 9 10 11 -3- AB 2903 J 98 7 I LLAGU ...,..tat *_ C 1"'T I E S June 25, 2007 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.eacities.org TO: Chair and Members, Senate Health Committee FROM: Daniel Carrigg, Legislative Director, League of California Cities RE. AB 724 (Benoit) Sober Living Homes Support The League of California Cities is pleased to support AB 724. AB 724 is collaborative work between the City of Riverside, the League of California Cities and the California Association of Addition Recovery Resources. All parties involved have worked to ensure that all concerns with the definition of sober living homes have been addressed. Additionally, the definition has been amended to address the concerns of the committee consultant pursuant to the committee analysis on 4116107. AB 724 would create a definition of "sober living home" in order to clarify a local government's authority to regulate the use and occupancy of a single - family residence location in a single family residential zone that is not a sober living home or other licensed facility. This bill will place a valid definition for the term sober living home which local governments can rely on to determine the scope of local regulation applicable to use. This legislation provides local governments with the tool they need to distinguish between a legitimate sober living home and an illegitimate one. Often times, owners or operators will falsely claim to be operating a sober living home to avoid local regulation. Most of these properties present substandard conditions and can thereby avoid local regulation by claiming to be a sober living home. For these reasons, the League supports AB 724. Cc: Assembly Member John Benoit Consultant, Senate Health Committee Consultant, Senate Republican Caucus I ,., HAGUE OF CAL IFTT0I NIA August 15, 2007 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org TO: Chair and Members, Assembly Appropriations Committee FROM: Dan Carrigg, Legislative Director, League of California Cities RE: SB 992 (Wiggins) Adult Recovery Maintenance Facilities Notice of Support The League of California Cities is pleased to support SB 992. SB 992 would create a new class of alcohol and drug recovery facilities known as "Adult Maintenance Recovery Facilities" (ARM Fs) to be licensed by the Department of Alcohol and Drug Programs (ADP). Under existing law, ADP licenses "Treatment and Recovery" facilities and this bill would include ARMF's as facilities that are licensed. Additionally, SB 992 would eliminate the prohibition against levy ing licensing fees for licensure of nonprofit organizations or local governmental entities, with respect to fees for licensure of an alcoholism or drug abuse recovery or treatment facility or an adult recovery maintenance facility. Finally this bill would establish the Residential and Outpatient Programs Compliance Branch Licensing and Certification Trust Fund in the State Treasury to be used exclusively to cover administration costs of licensing and certifying the process established by this bill. SB 992 provides quality assurance and accountability for programs that already exist in the continuum of services available for people who are in the process of recovering from drug or alcohol dependency. Licensing these facilities will provide accountability to ADP for the operation of these facilities and thereby build public trust and confidence in our communities with such facilities. For these reasons, the League supports SB 992. If you have any questions, you can reach me at 916-658-8222. Cc: The Honorable Patricia Wiggins David Peters, Legislative Representative, Capitol Venture, LLC Julie Salley -Gray, Consultant, Assembly Appropriations Committee Kevin Hanley, Consultant, Assembly Republican Caucus 10