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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 405850034
Report Date: 03/30/2022
Date Signed: 03/30/2022 02:20:36 PM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364
This is an official report of an unannounced visit/investigation of a complaint received in our office on
07/23/2021 and conducted by Evaluator Darlene Chavez
COMPLAINT CONTROL NUMBER: 29-AS-20210723160853
FACILITY NAME:AVILA SENIOR LIVING AT DOWNTOWN SLOFACILITY NUMBER:
405850034
ADMINISTRATOR:CASSONDRA BRADFORDFACILITY TYPE:
740
ADDRESS:475 MARSH STTELEPHONE:
(805) 541-4222
CITY:SAN LUIS OBISPOSTATE: CAZIP CODE:
93401
CAPACITY:100CENSUS: 60DATE:
03/30/2022
UNANNOUNCEDTIME BEGAN:
12:45 PM
MET WITH:Emily VIllegas, Executive DirectorTIME COMPLETED:
02:05 PM
ALLEGATION(S):
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Facility did not arrange transportation for residents.
Kitchen does not meet standards for food storage, cleanliness, and repair.
INVESTIGATION FINDINGS:
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On 3/30/2022 at 12:45 pm, Licensing Program Analyst (LPA) Chavez initiated a complaint visit to discuss the final findings for the allegations listed above. LPA met with Executive Director Emily Villegas and explained the reason for the visit.

On the allegation “Facility did not arrange transportation for residents,” the complainant’s concern was that the facility had reduced the days and hours that transportation was available for residents. Complainant stated that several residents showed concern that they were unable to get to medical appointments due to the change. To investigate the allegation, LPA interviewed the complainant, the Business Office Manager, and a credible Witness #1 (W1), and reviewed facility records.

Continued on 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Kelly BurleyTELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene ChavezTELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:

DATE: 03/30/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/30/2022
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 1 of 5
Control Number 29-AS-20210723160853
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364
FACILITY NAME: AVILA SENIOR LIVING AT DOWNTOWN SLO
FACILITY NUMBER: 405850034
VISIT DATE: 03/30/2022
NARRATIVE
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On 7/29/21 at 3:00 pm, LPA interviewed Business Office Manager (BOM), Cathyann Paape, regarding the allegation. BOM stated that the transportation hours had changed effective 5/25/21. She states that the prior to 5/25/21, the facility provided transportation to residents for medical appointments on Mondays and Wednesdays, 9:30 am – 3:30 pm and Fridays, 9:30 am – 12:00 pm. Further, she says that on 5/25/21 the days/hours changed to Tuesdays & Thursdays, 9:30 am – 3:00 pm. BOM said this was communicated to residents in a memo dated 5/25/21. LPA questioned why the days/hours were reduced for medical appointments, and BOM stated that the facility was “short-staffed.” The memo to residents dated 5/25/21 states “You are welcome to use our local Ride-On vans for transportation. The Concierge Desk can assist you with scheduling a pick up.”

In another memo dated 6/17/21 to residents, the facility re-iterates that transportation for medical appointments “are to be scheduled for Tuesdays and Thursdays only…If you have a medical appointment for any reason on a Monday, Wednesday, or Friday, it will be on an availability basis only and there is a charge of $35.”

The facility’s Plan of Operation under Transportation Program states: 1) Establish a regular bus route based on the needs and requests of the residents. 2) Make available a regular bus route Monday through Friday. This bus route may include (but is not limited to) stops at: Local Banks, Grocery Stores, Doctor’s Offices, Shopping Centers or Mall, and Senior Citizen’s Center. Additionally, the procedure listed for medical appointments states “Should the resident not have transportation, the community arranges for necessary transportation.” In the section Basic Services under Transportation, “The community will arrange and/or provide transportation to scheduled medical and dental appointments, shopping, dining and specified community events in a 25-mile radius. Transportation is available from 8 a.m. to 5 p.m. on designated days.”

In the facility’s admission agreement, it states “We will make available to residents, or otherwise assure the provision of, scheduled transportation to the nearest appropriate health facilities for medical and dental appointments, social services agencies, shopping and recreational facilities within a 12-mile radius. Transportation is available from 8:30 a.m. to 3:30 p.m., on designated days. Other transportation outside normal business hours may be arranged by the Resident with the Community’s Activities Director for an additional charge, or with an outside agency.

Continued on 9099-C

SUPERVISOR'S NAME: Kelly BurleyTELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene ChavezTELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:

DATE: 03/30/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/30/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 29-AS-20210723160853
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364
FACILITY NAME: AVILA SENIOR LIVING AT DOWNTOWN SLO
FACILITY NUMBER: 405850034
VISIT DATE: 03/30/2022
NARRATIVE
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On 10/21/2021 between 10:00 am and 3:00 pm, a credible Witness #1 (W1) spoke with five residents who stated that they have difficulty getting transportation services on the new restricted days. W1 states that residents attempt to schedule transportation with the facility at least a week in advance and the bus is already full. Residents are having to reschedule medical appointments they’ve had in place for months. W1 relays that residents have told W1 the facility does not arrange for other transportation.

On 3/14/22 at 11:38 am, LPA spoke with Resident #1 (R1). R1 states that R1 schedules medical appointments, and then requests transportation with the facility. R1 states that on more than one occasion, R1 has not been able to get transportation needs met. R1 says the facility offers another day, besides Tuesday or Thursday, and that R1 will be charged.

Based on the evidence obtained, the allegation “Facility did not arrange transportation for residents” is deemed Substantiated. The facility is not providing basic transportation services to residents in care.

On the allegation “Kitchen does not meet standards for food storage, cleanliness, and repair,” the complainant’s concern was that the facility kitchen had encrusted dirt on the floor, equipment in disrepair, and open food containers in the kitchen and freezer. To investigate the allegation, LPA interviewed the complainant, toured the kitchen and dining room, interviewed the Business Office Manager (BOM) and credible witness, and reviewed photos obtained.

On 7/29/21 at 2:41 pm, LPA toured the kitchen and dining room. During the facility tour, LPA observed a kitchen floor with food in several areas, a stained, dirty stove, backsplash, and sidewall, the stove’s foot propped with cardboard, two uncovered trashcans, dirty dishes in the sink and on the counters, a chopping board on the counter that had been used and not cleaned, and soiled utensils on the counter. Additionally, LPA observed a bag of perishable food on the counter unsealed and unlabeled, three serving trays with food not covered, LPA felt a sticky kitchen floor, a dishwasher gauge showing a water temperature of 83 F degrees and LPA observed crumbs and beverage stains in three areas of the dining room floor. There were no kitchen staff present. BOM states staff were on break when LPA toured the kitchen.

On 7/29/21 at 3:00 pm, LPA interviewed the Business Office Manager who stated that kitchen staff typically clean the kitchen after the last resident is served which is sometime after the 1:30 pm for lunch and before staff break at 2:30 pm. She stated that staff sweep the dining room floor after each serving and mop at the end of the day.

Continued on 9099-C.

SUPERVISOR'S NAME: Kelly BurleyTELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene ChavezTELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:

DATE: 03/30/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/30/2022
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 29-AS-20210723160853
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364
FACILITY NAME: AVILA SENIOR LIVING AT DOWNTOWN SLO
FACILITY NUMBER: 405850034
VISIT DATE: 03/30/2022
NARRATIVE
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On 8/12/21 at 12:34 pm, LPA toured the kitchen and observed food pieces in several areas of the kitchen floor, two trash bins with no lids, a box of tomatoes on the kitchen floor, more than ten unlabeled containers of food in the refrigerator, two uncovered tubs of ice cream in the freezer, and a tub of ice cream on the kitchen counter.

A credible Witness #1 (W1) visited the facility on 8/30/21 at 3:15 pm. W1 states they observed open trash and debris on the floor and walls in the kitchen and food left out in open containers. W1 provided photos which show a bag of onions on the floor in kitchen storage, four uncovered containers of chopped fruit, meat, and green beans on the kitchen counter, and the dishwasher gauge recording the water temperature just below 90 F degrees.

On 9/28/21 at 11:15 am, W1 observed six open containers with used cooking oil and fats sitting outside the backdoor to the kitchen on the ground, one oil-stained box, raw chicken sitting on a work table in an open plastic bag, and the back door open to the sidewalk.

On 2/18/22 at 12:01 pm, LPA visited the facility and observed that the kitchen dishwasher temperature registered at 100 F degrees.

Based on the evidence obtained, the allegation that, “Kitchen does not meet standards for food storage, cleanliness, and repair”, is deemed Substantiated. The facility did not follow procedures to ensure food safety, protection against contamination, and provide a clean, sanitized environment.



Exit interview conducted, deficiencies cited, and a copy of report and appeal rights emailed to Administrator and Executive Director.
SUPERVISOR'S NAME: Kelly BurleyTELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene ChavezTELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:

DATE: 03/30/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/30/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 29-AS-20210723160853
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 21731 VENTURA BLVD. #250
WOODLAND HILLS, CA 91364

FACILITY NAME: AVILA SENIOR LIVING AT DOWNTOWN SLO
FACILITY NUMBER: 405850034
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 03/30/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
04/01/2022
Section Cited
CCR
87465(a)(2)
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87465(a)(2) - Incidental Medical and Dental Care, (a) A plan for incidental medical and dental care shall be developed by each facility… (2) The licensee shall provide assistance in meeting necessary medical and dental needs. This includes transportation...The facility did not meet the requirements as evidenced by:
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Executive Director (ED) agreed to read, review and have a complete understanding of regulation 87465 and provide a signed statement of understating of requirements/regulation. ED commits to increasing transportation days and/or hours to meet residents's needs. ED will send a signed statement and revised transportation schedule to CCL by 4/01/22. ED commits to discussing transportation needs in the 4/6/22a town hall meeting.
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Based on staff, resident and witness interviews and documentation, the licensee did not comply with the above regulation, the facility did not aid with meeting residents’ medical needs and transportation which poses a potential health and safety risk to residents in care.
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Type B
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Section Cited
CCR
87555(b)(9)
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87555 - General Food Service Requirements
87555(b)(9) The following food service requirements shall apply: Procedures which protect the safety, acceptability and nutritive values of food shall be observed in food storage, preparation and service.
The facility did not meet the requirements as evidenced by:
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The Licensee agreed to do the following:
1. Immediately cover kitchen trash cans.
2. Adjust water dishwasher temperature to a minimum 170 F degrees.
3. Have an outside vendor conduct food safety training with all kitchen staff monthly through August 2022.
4. Send CCL photos of covered trash cans and video of hot water temperature for dishwasher by 4/01/22, and training sign-in sheet by 4/15/2022 and monthly until August 2022.
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Based on observation and interviews, the licensee did not comply with the section cited above, as the kitchen had areas needing cleaning, food was not stored properly, food disposal containers were not covered, and the water temperature for the dishwasher did not measure at a minimum 170 F degrees which poses a potential health and safety risk to persons in care.
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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: Kelly BurleyTELEPHONE: (805) 562-0413
LICENSING EVALUATOR NAME: Darlene ChavezTELEPHONE: (805) 450-0283
LICENSING EVALUATOR SIGNATURE:

DATE: 03/30/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/30/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 5