374604083-6-28-2021-08-AS-RHEK-C4H62U-20210630202606

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 374604083
Report Date: 06/28/2021
Date Signed: 06/28/2021 01:43:07 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108

This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/03/2021 and conducted by Evaluator Dang Nguyen

COMPLAINT CONTROL NUMBER: 08-AS-20210503123213

FACILITY NAME:	MONTERA, THE		FACILITY NUMBER:	374604083
ADMINISTRATOR:	MORGAN CADMUS		FACILITY TYPE:	740
ADDRESS:	5740 LAKE MURRAY BLVD		TELEPHONE:	(619) 832-2599
CITY:	LA MESA	STATE: CA	ZIP CODE:	91942
CAPACITY:	225	CENSUS: 139	DATE:	06/28/2021
		UNANNOUNCED	TIME BEGAN:	09:50 AM
MET WITH:	Executive Director Morgan Cadmus and Assistant Executive Director Sarah John		TIME COMPLETED:	10:30 AM

ALLEGATION(S):

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Facility is not following public health guidelines for dining.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Dang Nguyen conducted an unannounced complaint visit to deliver a finding regarding the above allegation. LPA identified himself to and was greeted by receptionist Chivone "Brittany" Cervantes. LPA then met with and discussed the purpose of the visit with Executive Director Morgan Cadmus and Assistant Executive Director Sarah John.

The Department’s investigation consisted of an unannounced tour of the facility’s lobby, kitchen, and two dining rooms during a busy meal period. It also included interviews of facility staff and a review the facility’s COVID-19 Mitigation Plan Report, pertinent regulations, and COVID-19 guidance from state and county agencies. It was alleged that the facility was not following public health guidelines for dining because it was exceeding 50% seating capacity in its dining rooms in and around May 2021.

On 11-24-2020, the California Department of Public Health and CalOSHA published “COVID-19 Industry Guidance: Restaurants” (https://files.covid19.ca.gov/pdf/guidance-dine-in-restaurants.pdf). During the timeframe of the complaint, San Diego County restaurants were required to observe “Orange Tier” COVID-19 restrictions, which limited indoor dining to 50% seating capacity. [CONTINUED ON LIC9099-C]

Unfounded

Estimated Days of Completion:

SUPERVISOR'S NAME: Rebecca Hedgecock	TELEPHONE: (619) 767-2329
LICENSING EVALUATOR NAME: Dang Nguyen	TELEPHONE: (619) 210-9024
LICENSING EVALUATOR SIGNATURE:	DATE: 06/28/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/28/2021

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 08-AS-20210503123213

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 7575 METROPOLITAN DR. #109
SAN DIEGO, CA 92108

FACILITY NAME: MONTERA, THE	FACILITY NUMBER: 374604083
	VISIT DATE: 06/28/2021

NARRATIVE

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[CONTINUED FROM LIC9099] However, Residential Care Facility for the Elderly (RCFE) dining rooms are not restaurants. The California Retail Food Code classifies a restaurant as a “food facility,” defined in Section 113789(a) as “an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level.” Per Section 113789(c)(10), a food facility “does not include…a residential care facility for the elderly...” This notion is supported by a July 2020 E-mail bulletin from San Diego County’s public health agency, which stated, “Long-term care facilities’ indoor dining areas do not have to close, but should follow all precautionary guidelines as outlined by their licensing entities.” The facility's dining program was thus never required to follow California’s “Orange Tier” restrictions. Despite not being bound by 50% seating capacity, both dining rooms in practice still operated below 50% capacity, as confirmed by staff interviews and LPA's inspection.

Additionally, the facility was compliant with CCLD's PIN 21-17.1-ASC and PIN 20-23-ASC, which were the operative COVID-19 dining guidance documents during the time period that the complaint was lodged. The facility had no residents actively isolating or quarantining. LPA observed residents and staff of the facility wearing face coverings in and outside of the dining areas. They were screened for symptoms and had their body temperatures taken at least once daily. COVID-19 signs were posted in public areas, alcohol based hand sanitizer was available at the entrances to both dining rooms, and sinks were stocked with soap, paper towels, hand washing signs, and trash cans with liners. Dining table surfaces were kept free of linen tablecloths and were disinfected multiple times per day. Staff served all meals and snacks to persons in care, and meal delivery trays remained available at all times for those who could not or chose not to participate in communal dining.

Based on observations, records, and interviews, the above allegation was determined to be unfounded, meaning the allegation was false, could not have happened, and/or is without a reasonable basis. We have therefore dismissed the complaint. An exit interview was conducted with Cadmus and John, to whom a copy of this report and the Licensee/Appeal Rights (LIC9058 01/16) were provided via E-mail.

SUPERVISOR'S NAME: Rebecca Hedgecock	TELEPHONE: (619) 767-2329
LICENSING EVALUATOR NAME: Dang Nguyen	TELEPHONE: (619) 210-9024
LICENSING EVALUATOR SIGNATURE:	DATE: 06/28/2021

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/28/2021

LIC9099 (FAS) - (06/04)

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