306004582-2-15-2023-22-AS-SSAS-CPC3LX-20230223172127

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 306004582
Report Date: 02/15/2023
Date Signed: 02/15/2023 01:24:07 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE & INLAND A/SC, 770 THE CITY DR., SUITE 7100
ORANGE, CA 92868

This is an official report of an unannounced visit/investigation of a complaint received in our office on
11/21/2022 and conducted by Evaluator Kevin Saborit-Guasch

PUBLIC

COMPLAINT CONTROL NUMBER: 22-AS-20221121085642

FACILITY NAME:	VIVANTE ON THE COAST		FACILITY NUMBER:	306004582
ADMINISTRATOR:	ROBERT FIORENTINO II		FACILITY TYPE:	740
ADDRESS:	1640 & 1650 MONROVIA AVE		TELEPHONE:	(949) 629-2100
CITY:	COSTA MESA	STATE: CA	ZIP CODE:	92627
CAPACITY:	430	CENSUS: 320	DATE:	02/15/2023
		UNANNOUNCED	TIME BEGAN:	12:00 PM
MET WITH:	Selene Lopez, Administrator		TIME COMPLETED:	01:40 PM

ALLEGATION(S):

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Facility conducted an unlawful eviction

INVESTIGATION FINDINGS:

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On this day, Licensing Program Analyst (LPA) Kevin Saborit-Guasch made an unannounced visit to the facility for the purpose of delivering findings in the investigation of the allegation listed above. LPA was greeted and granted entry by administrator Selene Lopez along with Robert Fiorentino, Senior Executive Director after explaining the purpose of the visit.

An initial investigation visit was conducted on November 28, 2022. LPA reviewed records and interviewed facility administrator along with facility resident R2. Additional interviews were conducted.

Regarding the allegation that Facility conducted an unlawful eviction, the following was determined during the investigation: Following a domestic disagreement between the two residents cohabitating in unit 332, on October 19, 2022, resident R1 notified both facility administrators Selene Lopez and Robert Fiorentino of his intent to leave the facility within 30 days, with an effective date of November 19, 2022.
CONTINUED ON FORM LIC9099-C

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Sheila Santos	TELEPHONE: (714) 334-2062
LICENSING EVALUATOR NAME: Kevin Saborit-Guasch	TELEPHONE: (714) 497-8754
LICENSING EVALUATOR SIGNATURE:	DATE: 02/15/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/15/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 22-AS-20221121085642

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE & INLAND A/SC, 770 THE CITY DR., SUITE 7100
ORANGE, CA 92868

FACILITY NAME: VIVANTE ON THE COAST	FACILITY NUMBER: 306004582
	VISIT DATE: 02/15/2023

NARRATIVE

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CONTINUED FROM LIC9099

Upon being notified, facility staff held a meeting with resident R1 who at this time requested the ability to temporarily dwell in a temporary unit for the duration of the notice. At this time, both residents R1 and R2 had expressed the fact that they no longer wished to share a unit. R1's request was declined on the basis of availability, however no other provisions were offered to provide resident R1 with safe and healthful accommodation for the time period during which he was still admitted at the facility.

On October 27, 2022, resident R1 is stated to have removed his belongings from unit 332, at which time his access to the unit via key fob was revoked. At this time, resident could only access the common and dining areas of the facility even though the terms of the admission agreement were still in place until November 19, 2022.

On October 30, 2022, it became apparent to facility staff that resident R1 was dwelling in the common areas of the facility. R1 is also stated to have attempted to move in with another resident on the following day. A meeting was held with resident R1 and administrator Robert Fiorentino during which resident R1 was asked to leave the premises and provided with a 3-night stay at a local hotel. Resident left the facility then and did not return. At no point in the process of terminating resident's R1 admission at the facility did the facility provide R1 with a written notice of termination. While facility staff state that R1 would have been unable to financially assume the responsibility of staying in a single unit, at the time of the resident's removal from the facility no delinquent fees or notice of late payments had been documented.

Resident R1 was found to have no stable accommodation following the expiration of his paid stay at a hotel. A report was made to Adult Protective Services and County Social Services to relocate R1.

On the basis of records reviewed and interviews conducted, the allegation that Facility conducted an unlawful eviction is deemed Substantiated, meaning that the preponderance of evidence standard has been met.

One deficiency is cited today per Title 22 of the California Code of Regulations.

An exit interview was conducted and a copy of the report along with appeal rights were provided.

SUPERVISOR'S NAME: Sheila Santos	TELEPHONE: (714) 334-2062
LICENSING EVALUATOR NAME: Kevin Saborit-Guasch	TELEPHONE: (714) 497-8754
LICENSING EVALUATOR SIGNATURE:	DATE: 02/15/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/15/2023

LIC9099 (FAS) - (06/04)

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Control Number 22-AS-20221121085642

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
ORANGE & INLAND A/SC, 770 THE CITY DR., SUITE 7100
ORANGE, CA 92868

FACILITY NAME: VIVANTE ON THE COAST	FACILITY NUMBER: 306004582
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 02/15/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Request Denied Type B 03/01/2023 Section Cited CCR 87224(a)	1 2 3 4 5 6 7	The California Code of Regulations Section 87224(a) regarding Eviction Procedures states that: "(a) The licensee may evict a resident for one or more of the reasons listed in Section 87224(a)(1) through (5). Thirty (30) days written notice to the resident is required" . This requirement was not met as evidenced by	1 2 3 4 5 6 7	Licensee will attest that regulations pertaining to Eviction Procedures are reviewed and applied as indicated in the facility's Admission Agreement and Plan of Operations.
	8 9 10 11 12 13 14	the fact that the facility requested the removal of reisdent R1 from the facility's premises while resident was still under the facility's responsibility without the required thirty day written notice. This deficiency constitutes a potential risk to the health, safety or personal rights of the individual in care.	8 9 10 11 12 13 14
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISOR'S NAME: Sheila Santos	TELEPHONE: (714) 334-2062
LICENSING EVALUATOR NAME: Kevin Saborit-Guasch	TELEPHONE: (714) 497-8754
LICENSING EVALUATOR SIGNATURE:	DATE: 02/15/2023

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/15/2023

LIC9099 (FAS) - (06/04)

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