Mission Viejo City Council Survey: Candidates Talk Sober Living Homes

MISSION VIEJO, CA — This election season, Mission Viejo residents in all five city districts will have the chance to vote on who they want to represent them on the Mission Viejo City Council.

In a questionnaire released by community organization Stop The Monster, all 12 candidates responded to a series of questions regarding local issues surrounding Mission Viejo.

In anticipation of the November election, Patch will be posting the candidate responses to Stop The Monster's questionnaire throughout the rest of October.

The first question regards the Sober Living and Group Home Ordinance, which the city passed earlier this year and will go into effect Mid-Oct 2022.

The Ordinance will require sober living and recovery homes to register with the City as a part of ongoing efforts to ensure compliance.

If elected what other steps would we need to ensure that the safety of both the citizens of Mission Viejo and those living in Sober Living and Group Homes are protected?

District 1

Linda Shepard, District 1 Candidate: By requiring sober living and recovery homes to register, the City can collect data on service calls (police, fire, EMT) and compare this to the general population. If the call difference is significant, this is useful data to advocate for campus environment homes for people in treatment rather than individual group homes nestled in neighborhoods. If nuisance calls are significant compared to the general population, this is useful data to advocate for a change in how sober living homes are defined for zoning. Not homes, but businesses.

In both cases, the data must be used to push back on Sacramento’s usurpation of a city’s local control. Group homes for the elderly often provide more compassionate daily care than a campus nursing home. They may experience a higher volume of fire and EMT calls than the general population, but probably equivalent to calls at nursing home facilities.

Deborah Cunningham-Skurnik, District 1 Candidate: For anyone who has had a loved one enter a sober living facility to get treatment for a substance abuse issue, you know they can work. These homes are there to help an individual’s recovery from substance abuse and find a pathway to living independently. Poorly run sober living homes can drastically affect the one working towards sobriety. It can impact a neighborhood, too. Local governments should have the ability to intervene when necessary.

Earlier this year residents demanded that the City of Mission Viejo address the growing concerns about Sober Living Homes in their neighborhoods; one town hall was held May 12. Finally, the city took a step in the right direction by approving the Sober Living Group Home Ordinance. Now all such facilities must register with the city before they can operate.

More can be done!

I would reach out to the Board of Supervisors and local state senate, as well as assembly district elected officials and convene a forum to mutually address best practices. I believe it would be wise to work with North County cities as well to see how they have dealt with poorly run homes. Furthermore, I would hold more town halls to get feedback from residents to make sure they are complying.

Robert “Bob” Ruesch, District 1 Candidate: Sober Living Homes in Mission Viejo have a perception of being unsafe and neighborhood disruptive. Sacramento and Washington have legislated much of the ability for local governments to give residents help. Additionally, these homes seem to pop up overnight without concern for neighbors and children in the immediate area.

What I would do:
· Identify where the businesses are located and who is the responsible party. Good News- a business registry starts Oct. 15th.

· Work with legitimate homes to build a neighborhood friendly set of guidelines to be good neighbors and have contact information available for concerns to be immediately addressed with the property management and then police services, if necessary. Neighbors must not feel in danger or have disruptions to their personal rights.

· Consider working with other cities to lobby Sacramento and Washington to allow more local control. Ask for a set of guidelines for the operation of these businesses and remedies for unlawful or disruptive operation.

· Stop the practice of “curbing,” where a resident whose benefits have lapsed are removed from the home at odd hours and without any assistance to where they will be going.

District 2

Stacy Holmes, District 2 Candidate: Unlicensed sober living and group homes may be established in neighborhoods zoned for single-family homes for up to six residents. Well run group homes reduce the prison population and help residents achieve long term sobriety with steady employment. But when sober living homes do not operate well, cities have few options available.

The City of Orange and Costa Mesa have ordinances, but other cities have seen their attempts at regulation thwarted. Mission Viejo must partner with cities attempting regulation, so that we know what regulations might survive the inevitable challenges from the sober home operators. Substance Abuse and Mental Health Services Administration (SAMHSA) provides a structure for operating a safe and effective sober living or group home.

Certification from a reputable organization like SAMHSA might ensure greater safety for residents, as well as for neighbors of group homes.

Ordinances that apply equally to the entire city, not just to group homes, may survive challenges from group home operators. “Curbing” entails gathering a resident’s personal belongings, excluding them from the house and leaving the former resident and their belongings at the curb in front of the house. Curbing should be made illegal for all homes. Noise restrictions might also apply.

Brian Goodell (incumbent), District 2 Candidate: Sober living and group homes are a very challenging subject since the residents of these homes in our community are part of a protected class of citizens under the Americans with Disabilities Act. There are strict boundaries about what a city can do to enforce zoning or use regulations on this protected class.

Several cities, such as Costa Mesa, have struggled with the development of regulations and guidelines for years, and our state legislators have been working with the cities to craft legislation that allows for tighter regulation without infringing on the operator’s and resident’s constitutionally protected rights.

I will collaborate with my council member colleagues, our residents, our neighboring cities, OCCOG and LOCCOC, the Orange County Sheriff’s Department, the County of Orange, and our state legislators to develop solutions to this exceptionally difficult puzzle.

District 3

Ed Sachs (incumbent), District 3 Candidate: The city and this council have been working on the Sober Homes issue for several years as we continue to observe as both State and local governments attempt to work on the issue.

The greatest impediments to resolution are from the American Disabilities Act, and the Fair Housing Act, that treat addiction as a disability. One could argue that drug addiction is a disability or a choice, but that really gets us nowhere on the concerns our neighbors have when a sober living facility comes into a neighborhood, and into their quality of life.

The recent ordinance the current council passed unanimously, is an effort to identify and work with sober living facility operators in the city. It is a key step that will facilitate a better working relationship with the “home” that we never had before. Due to the uniqueness of the two Congressional Acts signed into law, and the clear protections it affords the patients of these facilities, we will continue to watch and look for opportunities to work with county and state elected officials while protecting our residents.

Cynthia Vasquez, District 3 Candidate: No response.

District 4

Terri Aprati, District 4 Candidate: Making sober living homes register with the city is a great step. I would also like to see Airbnbs and VRBOs register with the city too, because all of these home uses can result in loss of property values and total chaos for their neighbors. Most importantly, there should be a limitation of how many addictions homes are allowed in one neighborhood or allowed on one street.

Some of these homes are licensed; some are not. It would be great to only allow a limited number of licensed homes in our city. I would hope the city would be able to only give permits to licensed facilities and have unannounced inspections of the facilities.

These questions Carlos is asking candidates are valid, but they really are the types of issues that will need to be addressed with all the residents of Mission Viejo. One candidate will not have the answers to end the negative effects of sober living homes or the total answer for e-bikes. The point is that together, as a city, we should have open and honest discussions.

Let’s keep the partisan politics out of the discussions and work together to make our city a better place to live while improving our property values.

Patricia “Trish” Kelley, District 4 Candidate: It is difficult to hear concerns from neighbors of sober living homes, and to have no city control over those businesses. Sober living homes are protected by the State, and cities that have attempted to control spacing or impose regulations have been sued or given notice by the California Department of Housing and Community Development. I support the efforts of the Mayor and the City Council to form a South Orange County Sober Living Task Force to determine critical pathways and potential changes in legislation for solutions.

Working with a larger group will provide a bigger voice, hopefully to effect change to the current lack of oversight of these facilities. This lack of oversight can result in careless and neglectful treatment of the very patients who need it the most. We need solutions to problems such as “curbing” or evicting patients when insurance money runs out. We have lobbied our legislators but have not received assistance.

Using the contact information available through the City’s Registry, we will be able to work with the sober living home operators to establish open lines of communication. I suggest that we develop a list of expected “Good Neighbor” policies to be communicated to the owner/operators. These policies may provide accountability and should result in improved management and more structured, better run group homes, which benefit the house residents and the neighbors.

Ken Golemo, District 4 Candidate: Safety seems to be the hot topic tonight. As far as Sober living is concerned my Faith compels me to allow any person that is seeking a second chance and desiring to improve their quality of life that they are offered that second chance. With that said Sober Living as defined right now is still an "Experiment" Like any experiment it should be tested but tested in a "Controlled Environment" that won't jeopardize their safety or the safety of others in that community.

The word "Sober" covers substance abuse (liquor or drugs) but what if that person who is "self medicating" has a type of mental illness or condition? Will these homes have the capability and staff to deal with the medical and physical demands of a person experiencing "detox" but also a potential mental breakdown?

I appreciate the concept of a sober living home but given the chemistry and make up of our Mission Viejo community I'm not sure this "experiment" by design will work without exposing the community to potentially dangerous circumstances. If the State mandates this action maybe then we can discuss very limited number of sober living homes in which the results can be vetted and documented before considering any type of broader plan.

District 5

Wendy Bucknum (incumbent), District 5 Candidate: The recent ordinance was a first step I was pleased to lead, to try to obtain information regarding the sober living operation and the operators in an effort to “encourage” them to be good neighbors within our community.

Our primary focus is safety in our neighborhoods, which is why I held multiple town halls in 2022. [If re-elected], I will continue these town halls. I also want to ensure the patients are cared for with outreach via our Quality of Life Officer, when they exit the sober living homes.

As co-chair and co-founder of the South OC Sober Living and Recovery (SOCSLAR) Task Force includes several South OC stakeholders to explore legislative remedies, ascertain policies we could adopt through a city ordinance.

I plan to expand this in the coming year to include more of the Orange County cities, through Orange County Council of Governments, which I am chair of as well as Association of Orange County Cities and League of Cities, in an effort to find solutions to cooperatively work with State Leaders to improve state laws related to this issue.

Jon Miller, District 5 Candidate: Registering sober living and recovery homes is necessary for many reasons, including resident and neighborhood safety. I have zero tolerance for “people warehouses” run solely for profit. I have zero tolerance for bad behavior. Disorderly conduct and similar laws must be quickly and fully enforced.

As an alcoholic with over 36 years of sobriety, I know about addiction. Properly run sober living homes are part of a continuum of care to help people achieve long term sobriety.

This continuum includes successful completion of detox and recovery treatment before going into sober living. By working with other local governments and the state I believe we can send the profiteers packing, and create a safe and caring system for both those in recovery and the folks they encounter.

To protect our neighborhoods and the residents of these homes we must enforce current, and create new, rules that clearly spell out acceptable neighborhood standards of conduct.