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HomeMy WebLinkAbout12 - Annual Review of Zoning Implementation for Sierra by the Sea (PA2010-150) - CorrespondenceReceived After Agenda Printed November 10, 2020 Item No. 12 From: City Clerk's Office Sent: Friday, November 06, 2020 2:36 PM To: Mulvey, Jennifer; Rieff, Kim Subject: FW: City Council Session of Nov 10 2020- COMMENT RE ITEM XVIII- FOR THE PUBLIC RECORD From: Denys Oberman Sent: Friday, November 6, 2020 2:36:02 PM (UTC -08:00) Pacific Time (US & Canada) To: O'Neill, William; Dept - City Council Cc: City Clerk's Office; Leung, Grace; Harp, Aaron; Denys Oberman; Laura Curran; Sheri Morgan; cynthia koller Subject: City Council Session of Nov 10 2020- COMMENT RE ITEM XVIII- FOR THE PUBLIC RECORD [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Mayor and Council Members: We note that the Council is considering the annual operating review for drug and alcohol residential care and treatment business, Sober Living by the Sea. In the materials submitted to the Council and the public, the SLBTS (" the Operator") contends that it is now operating under a new name, dba "Sierra by the Sea". It is of critical importance that a business providing regulated services be properly registered . There is no evidence that the stated new name has been registered and approved as DBA. None of the documents provided for Council and public review other than the Attachment A summary with statement of dba have been modified to reflect the current business status, its management and current locations and character of operation. Further, in the public domain, there is no mention of Sober Living by the Sea Inc. as the legal entity owning and operating this business that appears to have decided to call itself something different . This Company is the largest business in Newport Beach of this type. The "Public Benefit" Agreement represents a long term entitlement , and should be properly reviewed and maintained, for the safety of its clients and the public. We ask that the City to remand the information to staff, and direct them to obtain the following from this Operator and bring back to the Council and the public for hearing, review and comment—prior to consideration and issurance of any approval: 1. Formal evidence documenting that the new name under which SLBTS claims to be operating in Newport Beach is, in fact, registered with the DBA with the City, the County, and the State, including the State agency responsible for licensure of residential care and treatment businesses/facilities. 2. Evidence that the DBA has been properly noticed to the public. 3. Verification as to the current business ownership, management, locations and type of operation for administrative and care facilties in Newport Beach, and the corporate ownership information explaining the various entities. 4. Further, staff should obtain and review the information above, and draft their incorporation into the referenced Agreement documents and application. In the future, it would be appropriate to accurately reference the business: eg., Sober Living by the Sea,lnc.-dba Sierra by the Sea. Thank you for your consideration. Denys H. Oberman Resident and community stakeholder Regards, Denys H. Oberman, CEO NOBERMAN Sho" orad FVw"<- Gi Adviws OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476-0790 Cell (949) 230-5868 Fax (949) 752-8935 Email: dho _obermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476-0790 or the electronic address above, to arrange for the return of the document(s) to us. f3SIERRA by the SEA Received After Agenda Printed Where Waves of Change Begin November 10, 2020 Item No. 12 November 9, 2020 Leilani I. Brown, City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92663 Dear Ms. Brown: Please accept this letter as an official document to be added to our Zoning Agreement file and confirms that a Form W-9 was filed on November 21, 2019 with the Department of the Treasury Internal Revenue Service reflecting that the business filing taxes under the name Sober Living by the Sea, Inc. would henceforth be doing business as ("DBA") Sierra by the Sea. Sober Living by the Sea, Inc. DBA Sierra by the Sea is owned by Acadia Healthcare and is part of a network which comprises over 600 behavioral healthcare facilities. All of our California Department of Healthcare Services licenses have been updated to reflect this DBA, as well as all City of Newport Beach business licenses. Thank you and warm regards, Michelle Beaudoin, MA, MFA, NCC, CADC-II Chief Executive Officer, Sierra by the Sea and Sunrise Ranch 2800 Lafayette Ave I Newport Beach, CA 92663 1 949.612.2210 1 Admissions: 800.647.0042 Received After Agenda Printed November 10, 2020 Mulvey, Jennifer Item No. 12 Subject: FW: letter from Sober Living by the Sea, Inc. dba Sierra by the Sea From: Denys Oberman <dho@obermanassociates.com> Sent: Tuesday, November 10, 2020 3:37 PM To: Whelan, Melinda <MWhelan@newportbeachca.gov> Cc: Brown, Leilani <LBrown@newportbeachca.gov>; Dept - City Council <CityCouncil@newportbeachca.gov> Subject: RE: letter from Sober Living by the Sea, Inc. dba Sierra by the Sea Thank you,Melinda. The City should obtain a copy of the updated licenses, which could be readily provided by the Operator. Also to clarify, are all of the facilities in Newport Beach under this same name? There used to be separate LI -Cs for a number of the SLBTS facilities. The City should also update the Agreements to reflect this change, at least by addendum. I appreciate your follow up. Denys Oberman Regards, Denys H. Oberman, CEO flOBERMAN $hates+ and FVwxbc" Advisers OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476-0790 Cell (949) 230-5868 Fax (949) 752-8935 Email: dho(a)obermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476.0790 or the electronic address above, to arrange for the return of the document(s) to us. From: Whelan, Melinda[mai Ito: MWhelan(cbnewportbeachca.gov] Sent: Tuesday, November 10, 2020 1:56 PM To: Denys H. Oberman Subject: letter from Sober Living by the Sea, Inc. dba Sierra by the Sea Good Afternoon Denys, I want to thank you again for your email. Please find the attached letter that has been added to our files and distributed to the public and City Council for tonight's meeting. Please let me know if you have any questions or would like any additional information. Thank you. Melinda Whelan 949-644-3221