Complaint·October 19, 2023

In addition, LPA observed living room table was cluttered with kitchen appliances such as a Ninja blender, a toaster over, plates, a big bottle of supplement, etc. Furthermore, facility created an outdoor kitchen as the kitchen was temporarily out of service due to construction, and in the outdoor kitchen, LPA observed cooking spices were placed on the floor, cleaned and dirty bottles/containers were co-mingled, bottles on the floor with a lot of brown and white spots, kitchen utensils on the floor and white powder on the table. LPA interviewed assistant administrator who stated that facility started the renovation earlier this year and acknowledged that the facility was cluttered, and unkempt as a result from the renovation. After the investigation, this allegation is deemed to be substantiated. Regarding to facility did not post required information at the facility, the reporting party stated that facility failed to post Ombudsman poster. During the facility tour on 9/6/2023, LPA did not observed any required posters at the facility including but not limiting to the Ombudsman poster, the Licensing Complaint Poster, Residents Rights, etc. According to the assistant administrator, all the posters were removed from the wall due to the construction. After the investigation, this allegation is substantiated. Regarding to alterations to existing building, the reporting party reported that facility was under construction, there was increase in noise due to the construction and resident #1 (R1) moved out of the facility due to the noise level from the construction. As part of the investigation, LPA interviewed assistant administrator, resident, responsible parties, and contacted the local code enforcement. According to the assistant administrator, facility has obtained the proper building permit for the construction and building inspection is on-going as the work is still in progress. LPA interviewed resident #2 (R2) who stated that the administrator made a causal announcement one day in the dining room during dinner about the construction but they were not formally informed. In addition, R2 stated that the noise level from the construction was very loud in the beginning but has since improved as the construction is almost ending. Furthermore, R2 stated that R1 moved out of the facility because it was too noise. Based on the documents provided by the facility, facility has obtained a building permit for the renovation and LPA also contacted Foster City Code Enforcement and they confirmed that facility has obtained building permit for the renovation and inspections were conducted upon the completion of each section. However, LPA observed a room in the garage and it was not part of the facility sketch. According to the assistant administrator, the room was build a few years ago for the assistant administrator and the assistant administrator was unsure if the administrator/licensee went through the proper procedures to build the room LPA interviewed the administrator/licensee who acknowledged that the assistant administrator's room in the garage was not part of the facility sketch, it was build a few years ago and the facility did not get a permit to do that. LPA interviewed family members regarding to the construction and all of them reported that they were not formally notified of the construction, they either learned about it from their loved ones or they were told by facility staff during their visits. After the investigation, this allegation is substantiated as the facility obtained proper permits for the kitchen and the family room renovation, however, the facility failed to obtain a permit to build a room in the garage. In addition, the administrator failed to provide proper notification to residents, their responsible parties of the construction and CCL. Furthermore, residents were not kept comfortable as the facility was too noisy due to the construction. During today's visit, there are 2 facility staff (S1 and S2) and assistant administrator present. LPA requested for personnel files and assistant administrator reported that facility does not have personnel files for S1 and S2. In addition, S1 did not have a criminal record clearance and was not associated with the facility. According to the administrator and the assistant administrator, S1 has been working at the facility for couple of months now (since 9/1/2023) and the facility is in the process of obtaining the documents. This observation will be cited under LIC 809 and LIC809 D- case management. Based on interviews and record reviews during the investigation, the preponderance of evidence standard has been met. Therefore, this allegations were determined to be substantiated. Deficiencies of the California Code of Regulations, Title, 22 cited on the LIC9099-D. Failure to correct the deficiencies may result in civil penalties. Report was discussed with Administrator, and Appeal Rights provided.