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23 (5) Public Comment From:Tamara Jimenez <tjimenez@lighthousetreatment.com> Sent:Tuesday, September 15, 2020 11:38 AM To:Public Comment Cc:Loretta Day Subject:Fwd: CCF Draft Ordinance _City of Anaheim Attachments:20200803 City of Anaheim Ordinance comments v2..docx; ATT00001.htm; 20200915 tjs 2 ted white re ordinance.pdf; ATT00002.htm Please see below Have a great day, Tamara Jimenez Community Relations Manager Lighthouse CONFIDENTIALITY NOTICE: This message is protected under the Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), 45 C.F.R. Pts. 160 & 164 and cannot be disclosed without written consent unless otherwise provided for in the regulations. The Federal rules prohibit any further disclosure of this information unless a written consent is obtained from the person to whom it pertains. The Federal rules restrict any use of this information to criminally investigate or prosecute any alcohol or drug abuse patient. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Begin forwarded message: From: Timothy Salyer <tsalyer@lighthousetreatment.com> Date: September 15, 2020 at 11:22:52 AM PDT To: Ted White <TedWhite@anaheim.net> Cc: Tamara Jimenez <tjimenez@lighthousetreatment.com>, Subject: RE: CCF Draft Ordinance _City of Anaheim Ted, attached please find a copy of: 1.Letter to you regarding ordinance; 2.Memo re proposed ordinance. I would appreciate it if you could see that all council members get a copy of each. I appreciate working with you on this. Tim Timothy J. Salyer, Esq., CEO Lighthouse 151 Kalmus Dr., K-1 Costa Mesa, CA 92626 714-328-3230 Cell 1 The information in this e-mail and in any attachments, documents, files or previous email messages attached to it, are confidential, privileged and intended solely for the use of the person to whom it is addressed. If you are not the intended recipient, or person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, distribution, copying or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. This communication may contain information that is subject to legal, professional, or other privilege, or may otherwise be protected by privilege, work product, immunity or other legal rules. It must not be disclosed to any person without the sender's authority. Any unauthorized disclosure, distribution and/or copying of this e-mail or its attachments is strictly prohibited. Pursuant to 18 U.S.C. 2510-2521 and 2701-2709, the Electronic Communications Privacy Act, interception of e-mail is a crime. From: Ted White <TedWhite@anaheim.net> Sent: Friday, September 11, 2020 4:58 PM To: Timothy Salyer <tsalyer@lighthousetreatment.com> Subject: CCF Draft Ordinance _City of Anaheim Tim, Thank you for taking the time to speak with me today. I appreciate your perspective, and the on-going service that your organization provides to the Anaheim community. Per our discussion, please find attached a copy of the draft ordinance that will be considered by the City Council next Tuesday. I also included the documents that summarize the changes proposed for ease of reference. For the complete staff report and all attachments, you can find them here as part of the City Council agenda. Please call or email if you have any questions. Best regards, Ted White Planning & Building Director | City of Anaheim 200 S. Anaheim Boulevard, Suite 162 Anaheim, CA 92805 714.765.5209 tedwhite@anaheim.net For information on any modified services during the declared Emergency Health Crisis, please click here or visit https://www.anaheim.net/5464/City-Hall-Services-During-Coronavirus. 2 Attachment to Letter dated September 15, 2020 Anaheim Lighthouse Comments on Ordinance No. Proposed Ordinance & Zoning Code Amendment No. 2020-001-0170 City of Anaheim 1.The seventh “WHEREAS” contains reference to the Department of Alcohol and Drug Programs (“ADP”). ADP no longer exists for several years. They were replaced with the Department of Health Care Services (“DHCS”). This was addressed in the second draft. 2.The nineth “WHEREAS” has a typo on line four “and non-state”. Separate “and” and “non”. This issue was addressed in the second draft. 3.The thirteenth “WHEREAS” states Anaheim has 205 licensed and/or certified alcoholism and drug abuse recovery or treatment facilities providing 205 beds. The City of Anaheim is the largest city in Orange County by population with 347,000 residents. The 205 beds represent .059% of the total population, which is miniscule; 4.The sixteenth “WHEREAS” says, “overconcentration of these facilities in residential neighborhoods may lead to the institutionalization and commercialization of such neighborhoods…” This is a clearly false assumption inasmuch as they represent on .059% of the total population of the City of Anaheim; 5.The twentieth “WHEREAS” cites a 1997 study by the American Planning Association to support the proposition that “limiting the number of recovering addicts that can be placed in a single-family home enhances the potential for their recovery…” This is a study that is 23 years old. It is NOT prepared by a “clinically qualified” organization that has studied addiction treatment for the last 23 years where significant strides have been made in the treatment field. At least cite a clinically qualified study. This looks like a boot strap argument to anyone in the addiction field. If there is a study regarding the number of addicts living in a home, it could be cited, but it is highly doubtful; 6.The twenty-first “WHEREAS” argues that sober living homes do NOT “provide the disabled with an opportunity to ‘live in normal residential surroundings’ but rather places them into living environments bearing more in common with the types of institutional, campus, and/or dormitory living that the FEHA and FHAA were designed to provide relief from for the disabled, and which no reasonable person could contend provides a life in a normal residential surrounding…” Sober living homes were never intended to do that. They are intended to be a temporary intermediary step between institutions and home. This is consistent with every clinical study and several national institutions who proscribe a “continuity of care” curriculum for recovery, such as, ASAM, SAMHAS and the Department of Mental Health. This “WHEREAS” misses the point completely as written; 7.The twenty-second “WHEREAS” points out some non-essential and irrelevant distinctions between a sober living environment and a single residential housing unit. The first one (1) is not true. Recovering addicts generally have more significant ties than a family. Their ties are life threatening and of utmost importance. A normal household has ties that are not “chosen”. The second (2) one is not correct either. The “head” of the “family” makes that decision, just as the head of the family makes that decision in a normal household. It is really a hair-splitting distinction. The same with the third (3) one. There is no “sharing” of costs between the parents and the children. The parents pay for everything. Additionally, what significance is that? Number (5) is not true either. First, most all sober living homes operate in a similar fashion as a normal household. There are rules to follow. When broken, they are afforded additional chances to comply. Only when a member fails to comply in a repeated manner they are asked to leave, unless it is a cardinal transgression. This is similar to a normal household. That is why there are so many juveniles in juvenile halls in Orange County; 8.The twenty-third “WHEREAS” is really incorrect. ALL neighborhoods have parking problems when teenagers drive. Many households have 5 or 6 cars, depending on how many teenagers live there; 9.The twenty-fourth “WHEREAS” is not correct. The City of Newport Beach, for instance, has such a parking problem on the peninsula and in Newport Heights, that ALL those areas have parking restriction and a sticker system. They have extended the parking restriction into the Dover Shores area. This is ONE city in Orange County. It has zero to do with sober living homes. It has everything to do with tourists and teenagers, especially in Newport Heights by the high school. Parking problems in cities cannot be blamed on sober living homes. This is especially true in Anaheim, where 205 beds represent only .059% of the total population; 10.The twenty-fifth “WHEREAS” is misleading. The distance requirements of the “State Law” applies ONLY to mental health facilities. Again, at .059% of the total population, there can be no valid argument related to “overconcentration” in Anaheim; 11. The twenty-sixth “WHEREAS” again is based on the fiction that there “may” be an overconcentration of sober living homes in the City of Anaheim. Again, the City of Anaheim is the largest city in Orange County. .059% sober living beds to population ratio is infinitesimal. You cannot make a serious argument that this number represents a threat of overconcentration in Anaheim. Therefore, there is no need, nor any basis, for this legislation and the distancing requirements; 12.The twenty-seventy “WHEREAS” makes little sense at all. The recovering addict DOES get preferential treatment to assist in their recovery. Both the State and Federal government believe this is a socially beneficial situation and that is why they formulated the State and Federal Fair Housing and Employment Acts and the Cal. Health and Safety Code, sections 11830, et. seq.; 13.The twenty-eighth “WHEREAS” states reasons for this legislation, which are really unnecessary. There are existing nuisance laws and other personal protection laws that can be used to assure facilities are not operated in a way that constitutes a nuisance; as stated above, there cannot be a valid argument regarding “overconcentration” of neighborhoods; and, the City of Anaheim can provide sober living homes community housing resource information in person or on its website. 2 C:\\Users\\jhall\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\7R57J5GD\\20200803 City of Anaheim Ordinance comments v2_.docx