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HomeMy WebLinkAbout17 - Morningside Recovery�EwvoRr CITY OF °� mz NEWPORT BEACH CqF00.HP City Council Staff Report Agenda Item No. 17 July 26, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt cDnewportbeachca.gov and Office of the City Attorney David R. Hunt, City Attorney 949 - 644 -3131, dhunt(@newportbeachca.00v PREPARED BY: Janet Johnson Brown, Associate Planner APPROVED: 4, lJ � TITLE: Compliance Review of Development Agreement No. 2010 -001 between the City of Newport Beach and Morningside Recovery, LLC (PA2011 -107) ABSTRACT: City Council's review of the actions taken by Morningside Recovery, LLC since June 15, 2011, to achieve compliance with the terms of Development Agreement No. 2010 -001, consisting of a Zoning Implementation and Public Benefit Agreement (Zoning Agreement), between the City of Newport Beach and Morningside Recovery, LLC. RECOMMENDATION: Staff recommends that the City Council: 1. Conduct a public hearing; and 2. Determine that Morningside Recovery, LLC is in default under the terms of the Zoning Agreement based upon substantial evidence; and 3. Introduce Ordinance No. 2011 -20 (Attachment A), terminating Development Agreement No. 2010 -001, and pass to a second reading on August 9, 2011. FUNDING REQUIREMENTS: There is no quantifiable fiscal impact related to this item. While no specific funding is necessary to take action on this matter, the results of the action may lead to a future funding requirement related to litigation. 1 Compliance Review of Development Agreement No. 2010 -001 between the City of Newport Beach and Morningside Recovery, LLC (PA2011 -107) July 26, 2011 Page 2 DISCUSSION Background: On June 14, 2011, the City Council conducted a public hearing for a periodic review of the Zoning Agreement between the City of Newport Beach and Morningside Recovery, LLC ( Morningside). The purpose of the hearing was to determine whether or not Morningside is operating in good faith compliance with the terms and conditions of the Zoning Agreement. Please refer to Attachment B for a copy of the June 14, 2011, staff report and all attachments, and Attachment C for a copy of the minutes and transcript from that hearing. At the June 14, 2011, meeting the City Council determined Morningside has not demonstrated good faith compliance with the terms of the Zoning Agreement based on substantial evidence provided during the public hearing and in the staff report, and adopted Resolution No. 2011 -57 (Attachment D). Consistent with this determination and the provisions of the Zoning Agreement, Morningside was issued a written notice on June 15, 2011 ( "Written Notice ") (Attachment E, issued via Certified Mail, Standard USPS and Electronic Mail). The Written Notice specifies the manner in which Morningside has failed to comply with the Zoning Agreement, and the steps it must take to demonstrate, achieve, maintain and continually comply with the terms and Operational Conditions of the Zoning Agreement. Written Notice The City's June 15. 2011, Written Notice put Morningside on notice that should Morningside continue to demonstrate a significant pattern of violations of the terms or Operational Conditions of the Zoning Agreement, it would be in default of the Zoning Agreement. A significant pattern of violations includes, but is not limited to, repeated violations of the same Operational Condition, or repeated violations of Operational Conditions at the same facility address. The City's June 15, 2011, Written Notice gave Morningside detailed and clear direction on the steps Morningside must take to bring itself into compliance. For categories of violations that might require changes to business operational practices and staff training, the City established a deadline of five business days (i.e., 5:00 p.m. on June 22, 2011) to report steps taken to address violations and submit materials to the Community Development Department /Planning Division, as set forth below: 1. Operational Condition No. 13, Route Plans - Compliance Required: Updated route plans for the transport of its staff, residents, clients and customers to comply with Operational Condition No. 13. The Written Notice gave Morningside until 5:00 p.m. on June 22, 2011, to submit amended route plans reflecting the routes Morningside vehicles would follow to transport staff, residents, clients and customers to Morningside facilities. The Written Notice states that after submission of the amended route plans, Morningside is expected to immediately comply and adhere to 2 Compliance Review of Development Agreement No. 2010 -001 between the City of Newport Beach and Morningside Recovery, LLC (PA2011 -107) July 26, 2011 Page 3 the amended route plans for the duration of the Zoning Agreement. (Attachment E, Written Notice, pages 1 -2.) Result: A letter dated June 23, 2011, from Morningside's legal counsel was received by the City via email on June 24, 2011 (Attachment F), stating updated route plans would be provided under separate cover. Updated route plans were received via email on June 25, 2011. Morningside's counsel states it has implemented a written policy effective June 20, 2011, instructing staff to follow the designated route plan, and provides consequences in the event of a staff member's failure to comply. (Written policy attached as Attachment G.) 2. Operational Condition No. 14, Deliveries - Compliance Required: The Written Notice gave Morningside until 5:00 p.m. on June 22, 2011, to submit information to the City describing changes implemented to address violations of this condition. During this period, Morningside was expected to take corrective action to train and inform its staff, and make operational changes as necessary to effectively comply with the requirements of Operational Condition No. 14. The Written Notice provided Morningside with a detailed description of what constitutes a delivery of "business products and other packages and goods" to clarify any misunderstanding Morningside might have of what type of activities constitute delivery of "business products and other packages and goods" under the Zoning Agreement. The Written Notice also stated "Morningside and its staff shall immediately demonstrate, achieve, maintain and continually comply with Operational Condition No. 14 for the term of the Zoning Agreement." (Attachment E, Written Notice, page 2.) Result: Morningside's legal counsel submitted a letter dated June 23, 2011, (received via email on June 24, 2011) disputing staffs description of what constitutes a delivery. Morningside's counsel states it has implemented a written policy effective June 20, 2011, "communicating the prohibition against certain deliveries outside of the permitted hours," which provides for consequences in the event of a staff member's failure to comply. (Written policy attached as Attachment H.) 3. Operational Condition No. 15, Hotline - Compliance Required: The Written Notice gave Morningside until 5:00 p.m. June 22, 2011, to provide public notice of the hotline or email address Morningside is required to establish for receiving inquiries or complaints in reference to its facilities to comply with Operational Condition No. 15, and provide the City with a description of how this information would be made available to the public. The Zoning Agreement requires that if Morningside chooses not to establish a hotline number, it shall provide area residents with a contact name, phone number and email address for this purpose. The Written Notice required that information be made publicly available through Morningside's website, or such other publicly available means. (Attachment E, Written Notice, pages 2 -3.) Result: Morningside's legal counsel submitted a letter dated June 23, 2011, (received via email on June 24, 2011) informing the City that Morningside disagrees 3 Compliance Review of Development Agreement No. 2010 -001 between the City of Newport Beach and Morningside Recovery, LLC (PA2011 -107) July 26, 2011 Page 4 that making the information "publicly available through Morningside's website, or such other publicly available means" is a requirement of Condition No. 15. Morningside's counsel provided the City with the contact information for Mr. Brian Burke as the individual designated to receive and respond to calls and /or emails regarding Morningside's facilities. Morningside published the contact information in the Daily Pilot on June 25, June 28, and June 30, 2011. (Copy of advertisement attached as Attachment I.) 4. All Other Terms and Operational Conditions - Compliance Required: The Written Notice also stated that Morningside must immediately upon receipt of the City's written notice demonstrate, achieve, maintain and continually comply with all terms and Operational Conditions of the Zoning Agreement for the term of the Zoning Agreement. Further, the Written Notice informed Morningside that should it demonstrate a significant pattern of violations of any of the terms or Operational Conditions during or after the 30 -day compliance period specified in the Zoning Agreement, Morningside would be in default under the terms of the Zoning Agreement. (Attachment E, Written Notice, page 3.) Result: Morningside's legal counsel states Morningside has implemented written policies notifying its staff and clients of the Operational Conditions of the Zoning Agreement, and has posted the written policies in each facility. Staff notes Morningside submitted its June 30th quarterly compliance report in a timely manner. (Copy of written policies attached as Attachment J.) Morningside was given five business days to report steps taken to address violations and achieve full compliance with the three specific operational conditions noted above. Staff does not believe Morningside took reasonable actions necessary to comply with this deadline as Morningside did not provide the City with the required information until June 24, 2011, two business days after the deadline. Further, during this time period, Morningside continued violating Operational Condition No. 14 by making deliveries outside of the approved hours, and also violated Conditions No. 2, 9, 10, and 22. Findings of Violations of Terms and Operational Conditions: Staff notes that Morningside eventually submitted amended Route Plans and took the step of publishing Morningside's public contact information within the 30 -day compliance period, and that Morningside states it has conducted staff training and posted policies in the facilities. However, staff finds that since the Written Notice was issued, Morningside has continued to violate other Operational Conditions of the Zoning Agreement, as noted below: • Violations of No. Condition 14 (Deliveries) continued in a pattern similar to that exhibited prior to issuance of the Written Notice, despite the clear statement of what "deliveries" entail that was provided in the Written Notice. A person who appears to be Morningside staff was seen entering a Morningside facility carrying an object after permitted delivery hours, and subsequently leaving the facility rd Compliance Review of Development Agreement No. 2010 -001 between the City of Newport Beach and Morningside Recovery, LLC (PA2011 -107) July 26, 2011 Page 5 without that object. Also during the 30 -day compliance period, Morningside staff informed Code Enforcement staff that employees of Calloway Laboratories regularly enter Morningside residential facilities to perform drug testing services. Code Enforcement advised Morningside that bringing drug testing equipment into the facilities constituted a delivery of business products, and should only be done during permitted delivery hours. However, individuals dressed in scrubs carrying boxes continued to be seen entering and exiting one Morningside facility before and after delivery hours on a regular basis throughout the 30 -day compliance period and beyond. During the 30 -day compliance period, Morningside violated Condition No. 2 (Staffing) and Condition No. 10 (Profanity and Lewd Behavior) when its supervising staff failed to prevent a Morningside client from displaying profane, abusive language and disruptive behavior in a retail shop in Lido Marina Village. Staff has investigated and confirmed this incident. • Violations by Morningside of Condition No. 9 (Client Transport) continued during the 30 -day compliance period as well. Staffs evidence of two instances of Morningside vehicles parked partially blocking public streets and /or sidewalks is attached as Attachment K. Violations of Condition No. 22 (Federal, State and Local Laws) occurred when Code Enforcement staff observed that medical equipment had not been removed from the office of the former medical use at 3430 Via Lido (Suite B) by the required correction date. Code Enforcement staff issued an Administrative Citation for this violation of the NBMC, as well as a Notice of Violation ( "NOV "), and an Administrative Citation for uses determined by the Community Development Department to be medical uses on the first floor of 3430 Via Lido (Suite A) and 3404 Via Lido (Suite A), respectively. Another NOV was issued for the continued medical use of 3404 Via Lido (Suite B) without the submission of an application for a conditional use permit for an offsite parking agreement, or waiver of the required number of parking spaces. • Morningside has failed to pay fines due from 19 Administrative Citations issued by the City'. As NBMC Section 1.05.050.A.1 requires that the fine must be paid within 15 days from the correction date on the Administrative Citation, this represents 19 separate violations of Condition No. 22 (Federal, State and Local Laws), which requires compliance with all federal, state and local laws. Amounts past due on these fines currently total $7,271.00. The table below summarizes confirmed violations of specific Operational Conditions of the Zoning Agreement for which the City has issued Notices of Violations (NOV's) and ' There are six Administrative Citations issued to Morningside for fines assessed but not yet past due, totaling $3,000.00 in fines. 5 Compliance Review of Development Agreement No. 2010 -001 between the City of Newport Beach and Morningside Recovery, LLC (PA2011 -107) July 26, 2011 Page 6 Administrative Citations during and after the 30 -day compliance period up through July 17, 2011 (see Attachment L for a copy of all NOV's or Administrative Citations): Facility Address Condition No. — Activity City Action 533 Via Lido Soud Condition No. 9 - Client Transport: 1 Admin. Citation issued Violation of City rules related to parking of client transport vehicle. Condition No. 14 - Deliveries: 11 Admin. Citations issued Deliveries made after 5:00 p.m. and /or before 9:00 a.m. 4823 River Avenue Condition No. 9 - Client Transport: 1 Admin. Citation issued Violation of City rules related to parking of client transport vehicle. General Operations Condition No. 22 - Federal, State, and Local 2 Notices of Violation issued Laws: 2 Admin. Citations issued • Violation of local laws related to unpermitted uses by Morningside offices 19 Admin. Citations past due; on Via Lido. $7,271.00 owed • Violation of local laws pertaining to timely payment of administrative citation fines. 1 Moving violation issued by • Moving violation for using a cell phone NPBD while driving without a hands -free device. 3404 Via Lido Condition No. 2 —Staffing: 1 Notice of Violation issued Violation of condition requiring operator to have sufficient staff to appropriately manage clients. Condition No. 10 — Profanity and Lewd 1 Notice of Violation issued Behavior: Operator shall not tolerate profanity at a level audible to neighboring ro erties. During the 30 -day compliance period, the City has also received complaints related to the following matters which are under investigation: • Reports of secondhand smoke odors being detected off -site at three Morningside facility properties. If confirmed, these are violations of Condition No. 7 (Smoking and Tobacco Products). (See Attachment M) • Loud noise and /or voices reported heard before 8:00 a.m. or after 9:00 p.m. at one facility. This would violate Condition No. 12 (Quiet Hours). By way of comparison, other residential care facility operators who received discretionary permits from or entered agreements with the City have a record of comparatively few complaints and even fewer confirmed violations. Since December 2008 the City has approved use permits and reasonable accommodations for five residential care facility operators, and entered into a Zoning Agreement with a sixth 0 Compliance Review of Development Agreement No. 2010 -001 between the City of Newport Beach and Morningside Recovery, LLC (PA2011 -107) July 26, 2011 Page 7 operator. Altogether, these other facility operators maintain and control residential care facilities at approximately 24 different locations in the City. In each case, conditions similar to the Operational Conditions contained in the Morningside Zoning Agreement have been placed on the operations of these other facilities. In most cases, when an operator was notified by Code Enforcement staff of complaints or violations of Operational Conditions, the situation was addressed by the operator, quickly corrected, and did not recur. The Morningside Zoning Agreement has been in place for approximately nine months. During this nine month period (October 2010 through mid -July 2011), the City received approximately 28 complaints of possible violations for all six other operators. In most instances where Code Enforcement confirmed an operator was responsible for the condition reported, Code Enforcement staff notified the operator and corrective action was quickly taken. Staff has confirmed that conditions causing some complaints were not the responsibility any facility, some complaints are still under investigation, and two NOV's have been issued. In addition, two letters regarding reasonable accommodation compliance matters have been issued, and one letter of abatement has been issued by the City. As a basis for comparison, during this same nine month period, Morningside was issued 28 email or letter warnings of possible violations, 22 NOV's, 29 Administrative Citations, a moving violation, and two parking citations for violations of Operational Conditions. This represents a total of 82 enforcement actions required overall. Default of the Zoning Agreement As stated above, the Written Notice issued on June 15, 2011, put Morningside on notice that should Morningside demonstrate a significant pattern of violations of the terms or Operational Conditions of the Zoning Agreement, it would be in default of the Zoning Agreement. Pursuant to Part III, Section 0.1, subsection b of the Zoning Agreement, the City may seek remedies available in the Zoning Agreement, and California Government Code Section 65865.1. The "remedy of specific performance" is one such remedy contained in the Zoning Agreement. Staff has attempted to obtain specific performance of the Zoning Agreement through its ongoing enforcement efforts, and through the issuance of the June 15, 2011, Written Notice. Staff does not believe seeking specific performance is a viable option due to Morningside's inability to comply with the terms and Operational Conditions of the Zoning Agreement during the past nine months, and the demonstrated ongoing pattern of violations during the 30 -day compliance period. Consistent with California Government Code Sections 65865 and 65865.1, and with Section 15.45.080 of the NBMC, the City may terminate the Zoning Agreement if, on the A Compliance Review of Development Agreement No. 2010 -001 between the City of Newport Beach and Morningside Recovery, LLC (PA2011 -107) July 26, 2011 Page 8 basis of substantial evidence,2 it finds and determines Morningside has not complied in good faith with the terms and Operational Conditions of the Zoning Agreement. If the City Council determines that Morningside has not commenced sufficient efforts to achieve compliance, and has not diligently pursued steps that achieve full compliance during the 30 -day compliance period specified by the Written Notice, Morningside shall be in default of the Zoning Agreement. Staff recommends such a finding by the City Council. In staff's opinion, the evidence compels the conclusion that Morningside has not complied in good faith with the terms and Operational Conditions of the Zoning Agreement, and will not comply in good faith with those conditions. As such, staff recommends such a finding by the City Council and termination of the Zoning Agreement. Conclusion: Staff believes that the evidence presented in this staff report is sufficient to support a finding and determination that Morningside has not made sufficient efforts to come into full compliance with the terms and conditions of the Zoning Agreement during the 30- day compliance period, and is in default of the Zoning Agreement. If City Council concurs, staff recommends that the City Council: 1. Determine that Morningside is in default of the Zoning Agreement based upon substantial evidence; and 2. Introduce Ordinance No. terminating Development Agreement No. 2010 -001, and pass to a second reading on August 9, 2011. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2 "Substantial evidence' is the standard applied by a court should it be called to review the Council's decision. In general, substantial evidence is defined as "evidence of ponderable legal significance . . .reasonable in nature, credible and of solid value." (TG Oceanside, LP v. City of Oceanside (2007) 156 Cal.App.4`" 1355, 1371.) It has also been defined as "relevant evidence that a reasonable mind might accept as adequate to support a conclusion." (Id) (citations and internal quotation marks omitted.) "If the word 'substantial' means anything at all, it clearly implies that such evidence must be of ponderable legal significance. Obviously, the word cannot be deemed synonymous with 'any' evidence. It must be reasonable in nature, credible and of solid value; it must actually be 'substantial' proof of the essentials which the law requires in a particular case." (DeMartino v. City of Orinda (2000) 30 Cal.App.41" 329, 336) (internal quotation marks omitted.) Q Compliance Review of Development Agreement No. 2010 -001 between the City of Newport Beach and Morningside Recovery, LLC (PA2011 -107) July 26, 2011 Page 9 NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this hearing was 'published in the Daily Pilot, mailed to all owners and occupants of property within 300 feet of the boundaries of each of the property locations, and mailed to the applicant at least 10 days prior to this hearing, consistent with the provisions of the NMBC. Notice of this hearing was also posted at each property location at least 10 days prior to this hearing. Submitted by: Kimberly BrancVAICP Community Development Director Attachments: A. Ordinance No Submitted by: David R. Hunt City Attorney B. June 14, 2011, City Council Staff Report C. Minutes and Transcript of June 14, 2011 City Council Meeting D. City Council Resolution No. 2011 -57 E. June 15, 2011, Written Notice to Morningside F. Correspondence from Morningside Legal Counsel dated June 23, 2011 G. Morningside Written Policy re: Condition No. 13 H. Morningside Written Policy re: Condition No. 14 I. Morningside Advertisement re: Condition No. 15 J. Morningside Written Policies re: Operational Conditions of Zoning Agreement K. Evidence of Violation of Condition No. 9 during 30 -day Compliance Period L. NOV's or Administrative Citations issued to Morningside during 30- Day Compliance Period M. Complaints Received re: Secondhand Smoke Detected Off -Site of Morningside facilities 10 City Council Attachment A (Draft) Ordinance No. i1 12 ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TERMINATING DEVELOPMENT AGREEMENT NO. 2010 -001 (ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT) BETWEEN THE CITY OF NEWPORT BEACH AND MORNINGSIDE RECOVERY, LLC (PA2011 -107) WHEREAS, the City Council adopted Ordinance 2010 -18, approving Development Agreement DA2010 -001 between the City of Newport Beach (City) and Morningside Recovery, LLC (Morningside) on September 28, 2010. The Development Agreement is described as a "Zoning Implementation and Public Benefit Agreement" (Zoning Agreement) and is part of the Settlement and Release Agreement with Morningside that was approved by City Council, and entered into April 27, 2010; and WHEREAS, the Zoning Agreement establishes terms and Operational Conditions with which the City and Morningside are required to comply; and WHEREAS, the Zoning Agreement provides that the City and Morningside shall conduct a review at a noticed public hearing at least once every 12 months for good faith compliance with the terms and conditions of the agreement, consistent with California Government Code Sections 65865 and 65865.1, and with Newport Beach Municipal Code (NBMC) Section 15.45.080; and WHEREAS, the City Council conducted a public hearing on June 14, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting; and WHEREAS, on June 14, 2011, the City Council determined that Morningside has not demonstrated good faith compliance with the terms of the Zoning Agreement, and is unable or unwilling to remedy the violations and comply with the terms and Operational Conditions of the Zoning Agreement, based on evidence presented in the staff report, and at the public hearing; and WHEREAS, consistent with this determination, and the provisions Section 0.1 of the Zoning Agreement, on June 15, 2011, the City issued Morningside a written notice ( "Written Notice ") specifying the manner in which Morningside has failed to comply with the terms and Operational Conditions of the Zoning Agreement, and stating the steps Morningside must take to demonstrate, achieve, maintain and continually comply with the terms and Operational Conditions of the Zoning Agreement during the 30 day Compliance period, and for the term of the Zoning Agreement; and WHEREAS, the City Council conducted a public hearing on July 26, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting; and 13 WHEREAS, consistent with California Government Code Sections 65865 and 65865.1, and with Section 15.45.080 of the NBMC, the City may terminate the Zoning Agreement if, on the basis of substantial evidence, it finds and determines Morningside has not complied in good faith with the terms and Operational Conditions of the Zoning Agreement; and WHEREAS, the City Council finds that Morningside has not complied in good faith with the terms and Operational Conditions of the Zoning Agreement. This determination is based upon the evidence contained in City Council Resolution No. 2011 -57, adopted on June 14, 2011, as well as both written and oral evidence presented on July 26, 2011, and the following evidence that during the 30 -day Compliance Period specified in the Written Notice, the City has issued a total of four Notices of Violation, one moving violation (Exhibit 1), and 15 Administrative Citations (Exhibit 2) to Morningside, as documented below: Facility Address Condition No. — Activity City Action 533 Via Lido Soud Condition No. 9 - Client Transport: 1 Admin. Citation issued Violation of City rules related to parking of client transport vehicle. Condition No. 14 - Deliveries: 11 Admin. Citations issued Deliveries made after 5:00 p.m. and /or before 9:00 a.m. 4823 River Avenue Condition No. 9 - Client Transport: 1 Admin. Citation issued Violation of City rules related to parking of client transport vehicle. General Operations Condition No. 22 - Federal, State, and Local 2 Notices of Violation issued Laws: 2 Admin. Citations issued • Violation of local laws related to unpermitted uses by Morningside offices 19 Admin. Citations past due; on Via Lido. $7,271.00 owed • Violation of local laws pertaining to timely payment of administrative citation fines. 1 Moving violation issued by • Moving violation for using a cell phone NBPD while driving without a hands -free device. 3404 Via Lido Condition No. 2 — Staffing: 1 Notice of Violation issued Violation of condition requiring operator to have sufficient staff to appropriately manage clients. Condition No. 10— Profanity and Lewd 1 Notice of Violation issued Behavior: Operator shall not tolerate profanity at a level audible to neighboring ro erties. WHEREAS, this project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Section 15321 exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate or other entitlement for use issued, adopted, or 2 14 prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency; and NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: The recitals set out above are found to be a true and complete statement of the facts and are hereby adopted as the findings of fact by the City Council after reviewing all the materials and information presented in the staff report and having reviewed and considered all the public testimony on this matter, both on June 14, 2011, and July 26, 2011, and all documents submitted at the public hearing on this matter. SECTION 2: Development Agreement No. 2010 -001 shall be terminated. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 26th day of July, 2011, and adopted on the 9th day of August, 2011, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBE ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: David R. Hunt, City Attorney For the City of Newport Beach 3 15 10 EXHIBIT 9 169 Name of Owner or Business NOTICE OF VIOLATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 -644 -3215 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BFACH,CA,92663 Number. Date: 12011 -0620 06/24/2011 An inspection of prernises located at 3430 VIA LIDO MB in the City of Newport Beach, on 06121/2011 revealed a viola' of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING _ _ _ ._ _ bNi§1VIOLATION(5) WAS'ORIGINALLY BRO 1GHT TO, YOUR ATTENTION ON ,AND YOU F1AVE +Nt,T r ;GORREGTED'ORRESbLVEE THE VI�LAiiO,N(5),- NEWPORT BEACH MUNICIPAL CODE SECTION(S) 1 DESCRIPTIONS OF ViOLATION(S) 1: 20.22.020 MU DISTRICT- LAND USE REGULATIONS CGRRECTIONIS) REQUIRED`- 1. PURSUANT TO SECTION 20.22.020 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC), ALL USES CLASSIFIED AS "OFFICE, MEDICAL AND DENTAL" ARE PERMITTED ABOVE THE FIRST FLOOR ONLY IN THE MU -W2 ZONING DISTRICT. 2. PLEASE TAKE THE FOLLOWING CORRECTIVE MEASURES BY 5:00 P.M. ON MONDAY, JUNE 27,2011: A. CEASE ALL CLIENT TREATMENT RELATED ACTIVITIES AT 3430 VIA LIDO (SUITE A). B. SUBMIT A REQUEST FOR ZONING CLEARANCE TO THE COMMUNITY DEVELOPMENT DIRECTOR FOR ALL PROPOSED USESIACTIVI TIES AT 3430 VIA LIDO (SUITE A). C. CONTACT THE CITY'S CODE ENFORCEMENT DIVISION TO SCHEDULE AN INSPECTION OF THE ENTIRE OFFICE SPACE (SUITE A). 3, PLEASE BE AWARE THAT FAILURE TO COMPLETE ALL THE CORRECTIVE MEASURES LISTED ABOVE BY 5:00 P.M. ON MONDAY, JUNE 27, 2011, WILL RESULT IN FURTHER ENFORCEMENT ACTION, WHICH MAY INCLUDE ADMINISTRATIVE CITATIONS ISSUED EACH DAY THE VIOLATION EXISTS IN ACCORDANCE WITH SECTION 1.05.020 OF THE NBMC. THIS VIOLATION MUST BE CORRECTED ON OR BEFOREp � b r°? �e violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $:200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICERi - SIGNATURE OF OFFICER 1�lb 12011 -0623 5'612412011 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport Beach, on 0612112011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED [ FINAL WARNING T31S'VIOL'A ION(S)',WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON - ;AND YOU HAVE'NOT `CORRECTED OR)PLESdL`VED THE VIOLATION($) - NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: 20.22.020 MU DISTRICT - LAND USE REGULATIONS CORR ECTIONiS1AEQ0I RED 1. PURSUANT TO SECTION 20- 22.020 OF THE NEWPORT BEACH MUNICIPAL CODE.(NBMC), ALL USES CLASSIFIED AS "OFFICE, MEDICAL AND DENTAL" ARE PERMITTED ABOVE THE FIRST FLOOR DNLY IN THE MU -W2 ZONING DISTRICT. 2. PLEASE TAKE THE FOLLOWING CORRECTIVE MEASURES BY 5:00 P -M. ON THURSDAY, JUNE 30, 2011: A. SUBMIT A COMPLETE USE PERMIT APPLICATION REQUESTING A WAIVER OF THE REQUIRED OFF - STREET PARKING OR APPROVAL OF AN OFF - STREET PARKING AGREEMENT. B. IF A COMPLETE USE PERMIT APPLICATION IS NOT SUBMITTED BY JUNE 30, 2011, IMMEDIATELY CEASE ALL "OFFICE, MEDICAL, AND DENTAL" USES AT 3404 VIA LIDO (SUITE S, SECOND FLOOR OFFICE SPACE) - C. CONTACT THE CITY'S CODE ENFORCEMENT DIVISION TO SCHEDULE AN INSPECTION OF THE ENTIRE OFFICE SPACE (SUITE B, SECOND FLOOR OFFICE SPACE). 3. PLEASE BE AWARE THAT FAILURE TO COMPLETE ALL THE CORRECTIVE MEASURES LISTED ABOVE BY 5:00 P.M. ON THURSDAY, JUNE 30, 2011, WILL RESULT IN FURTHER ENFORCEMENT ACTION, WHICH MAY INCLUDE ADMINISTRATIVE CITATIONS ISSUED EACH DAY THE VIOLATION EXISTS IN ACCORDANCE WITH SECTION 1.05.020 OF THE NBMC. S:o0 !,lo.1 61?19f// the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND S500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER Rh.NATI IPF OF OPFIf.PP /k` `�Q.y1'OA a, NOTICE OF VIOLATION CITY OF NEWPORT BEACH t i Community Development Department c'+tirowr�` 'Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 . 949-644-3215 Number: Date: Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH,CA,92663 12011 -0623 5'612412011 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport Beach, on 0612112011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED [ FINAL WARNING T31S'VIOL'A ION(S)',WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON - ;AND YOU HAVE'NOT `CORRECTED OR)PLESdL`VED THE VIOLATION($) - NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: 20.22.020 MU DISTRICT - LAND USE REGULATIONS CORR ECTIONiS1AEQ0I RED 1. PURSUANT TO SECTION 20- 22.020 OF THE NEWPORT BEACH MUNICIPAL CODE.(NBMC), ALL USES CLASSIFIED AS "OFFICE, MEDICAL AND DENTAL" ARE PERMITTED ABOVE THE FIRST FLOOR DNLY IN THE MU -W2 ZONING DISTRICT. 2. PLEASE TAKE THE FOLLOWING CORRECTIVE MEASURES BY 5:00 P -M. ON THURSDAY, JUNE 30, 2011: A. SUBMIT A COMPLETE USE PERMIT APPLICATION REQUESTING A WAIVER OF THE REQUIRED OFF - STREET PARKING OR APPROVAL OF AN OFF - STREET PARKING AGREEMENT. B. IF A COMPLETE USE PERMIT APPLICATION IS NOT SUBMITTED BY JUNE 30, 2011, IMMEDIATELY CEASE ALL "OFFICE, MEDICAL, AND DENTAL" USES AT 3404 VIA LIDO (SUITE S, SECOND FLOOR OFFICE SPACE) - C. CONTACT THE CITY'S CODE ENFORCEMENT DIVISION TO SCHEDULE AN INSPECTION OF THE ENTIRE OFFICE SPACE (SUITE B, SECOND FLOOR OFFICE SPACE). 3. PLEASE BE AWARE THAT FAILURE TO COMPLETE ALL THE CORRECTIVE MEASURES LISTED ABOVE BY 5:00 P.M. ON THURSDAY, JUNE 30, 2011, WILL RESULT IN FURTHER ENFORCEMENT ACTION, WHICH MAY INCLUDE ADMINISTRATIVE CITATIONS ISSUED EACH DAY THE VIOLATION EXISTS IN ACCORDANCE WITH SECTION 1.05.020 OF THE NBMC. S:o0 !,lo.1 61?19f// the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND S500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER Rh.NATI IPF OF OPFIf.PP /k` t `r'O 4 c Name of Owner or Business NOTICE OF VIOLATION CITY OF NEWPORT BEACH -- Community Development Department' Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 - 644.3215 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE# 200 NEWPORT BEACH,CA,92663 Number: Date: 12011 -0696 07/1812011 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport Beach, on 0 611 512 011 revealed a violations) of the Newport Beach Municipal code. WARNING ONLY j7 ] PREVIOUSLY ADVISED ( ] FINAL WARNING F4] ,THIS' VIOLATION (S);WA,SIORWIN4L•LY�BR000HT 70 YOUR,AiTENTION,ONZ =.7A_ND YoutHAVENCT _ 7 CORREGTED OR RE50LYEDiTHE +VIOLATION.(9)liv- ,` r` NEWPORT BEACH MUNICIPAL CODE SECTION(S) /DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED- 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 2, EXHIBIT 1 TO ZONING AGREEMENT NO. 2010 -001; MORNINGSIDE RECOVERY SHALL HAVE ENOUGH STAFF TO APPROPRIATELY AND RESPONSIBLY MANAGE EACH FACILITY. 2. PLEASE PROVIDE ENOUGH STAFF TO APPROPRIATELY AND RESPONSIBLY MANAGE THE ACTIVITIES AND BEHAVIOR OF CLIENTS AND VISITORS TO THE MSR FACILITY AT 3404 VIA LIDO. THIS VIOLATION MUST BE CORRECTED ON OR BEFOREr+'%/?"E'O:rT /. If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, 5200.00, AND SSOQ00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGi':ATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID ,°. 0309 Elf 1Yt! G ; NOTICE OF VIOLATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 -644 -3215 Number: Date: Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO. SUITE 4200 NEWPORT BEACH.CA.92663 12011 -0606 F7/1712011 An inspection of premises located at 3404 VIA LIDO NS in the City of Newport Beach, on 0 611 512 01 1 revealed .a violation(s) of the Newport Beach Municipal. code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING NEWPORT BEACH IAUNICIPAL CODE SECTION(S) 1 DESCRIPTIONS O^ VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 10, EXHIBIT 1 TO ZONING AGREEMENT NO. 2010 -001,.MORNINGSIDE RECOVERY SHALL NOT TOLERATE LEWD BEHAVIOR, LEWD SPEECH OR PROFANITY AT THE SUBJECT PROPERTY. PROFANITY AT A LEVEL AUDIBLE TO NEIGHBORING RESIDENTS MAY RESULT IN AN ADMINISTRATIVE CITATION ISSUED BY THE CITY. 2. PLEASE REMIND ALL STAFF, CLIENTS AND VISITORS TO THE MORNINGSIDE RECOVERY OFFICE AT 3404 VIA LIDO TO REFRAIN FROM USING PROFANITY OR OTHER LEWD LANGUAGE OR BEHAVIOR. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE, // //J'tl.Ai7�i 1f the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SlGtJATURE OF OFFICE= �.r"'..`�•.. /f VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID 4 0309 /U/ e, r 4"¢ t•,'. .: � f ,:; Cx -mil,! q: .i� Lr ;� r r r3'T r w"A .�.�� e I`.NEWPORTBEACH- ....,y.I_ ..,., �BR'�t '.' POLICEDEPARTMENg •t MISDEMEANOR (NOTICE TO APPEAR 134raf t6 ❑ Nontraffic DATE OF VIOLATION TIME DAM. DAY OF WEEK CASE N0._ UNR N0: —!f �PMsMT(WrFS (v'� NAME fFlral. MMdle. Lehr O OWNERS RESPONSIBILITY "' -^ Vie. 640001) I i pyivca is up Tj ATE COMMERCIAL G E pl BJR DATE SIX HAIR EYES HEIGHL W,EIG7+T RACE _. _. ....r •�� �2 r� i-1 ZL .tit F ! r', �__: l-J. ._ vE11. LIC. NO. STAB p COMMERCIAL VEHICLE YR.OFVEN. MAKE _ MDDEL BDDY STYLE COLORS) (Veh. Code, § 75210(b)) ❑HAZARDOUS MATERIAL - EVIDENCE 'OF FINANCIAL RESPONSIBILITY (Veh. Code, §,353) 1 _ r REGISTERED OWNER OR LESSEE D SAME AS DRIVER I ADDRESS D SAME AS DRIVER CfiY STATE ZI�PiC�ODE Correctable Vlvlatan (V.h. Cars, 4 40610) ❑ soothe Ro,ulred (am reverse) Mls loomanor or Yes No CODE AND SECTION Description Issues. (Circle) ❑� ' {:v yGV�' C1= Lip+- ; ^,rt>r- M X�_ •❑ ❑ M I ❑ ❑ M I ❑ ❑ M I SPEED APPROX. P..FJ SPEED - VEH. DMR SAFE Cori0nueYDn Form P Cf =i —. _ _ Issued LOCATION OF VIOI.ATION(S) PPT. GIST. AT ROAD CONDITIONS TRAFFIC : WEATHER ACCIDENT 'WET _ YRYq HVY. MED. .!CT.�.CLEAR . FOG RAIN. O VIOLATIONS NOT COMMITTED IN MY PRE §E DECLARED ON INFORMATION AND BELIEF. i I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THE ) FOREGOING IS TRUE AND CORRECT. 1SE � T r L� �. rn- '�?-+, I _ All .✓ / urwpwcmp armr SERIAL NO. DAMS OFF TO SERIAL NOl DATES OFF WITHOUT ADMITTING GUILT I'PROMISE TN 400eeo AT 11hLP .m m ers rMNCATED BELOW. 'Z i X Signature ��-f — � WHEN: ON OR'BEPDRE`THIS DATE'! is � L,j — r % AT 8:45AM' o WHAT TO DO: FOLLOW TFIE INSTRUCTIONS ON THE REVERSE. WHERE: DA sarbor Justice Canter, Newport Beeeh Fecllity. 4601 Jamboree Rd., C' // Newport Beech, CA 82668.2585, (65" 622 -5400 Ll Jwenlla CouR. 341 The City Drive South, Orange, CA 92868 (657) 6 8 D To be settled Your Parenes /Gunts/GUerdian will be wntaa¢tl by the Police Dept or the Orenge County Probation Dept. I D For intractlon violations of the vehicle coda, you may appear pdor to Yoe appearance date listed above at a session of night court held an Tuesday M 5:00 PM. .� i Parents) Phone: Jutlkiel Councll or Cteemla Foan SEE REVERSE Rev. 093605 (Veh: Cotle, If 5A0500(b), 40513(b), uMnsL 40800, Pen. Cafe, it Was)' TR -130 /4 EXHIBIT 2 NOTICE OF ADMINISTRATIVE CITATION e CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 -044 -3215 Citation No: 12011 -0602A Date: 0 612 412 01 1 Account NO: 12011 -0602 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 0611612011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION- IS.NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. '.OTHER ENFORCEMENT.ACTIOWAND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR.IF YOU CONTINUE TO IGNORE THIS CITATION: .. ':- 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION($) WAS ORIGINALCY BROUGHT TO YOUR :ATTENTION: ON. ,.AND -YOLI HAVE,NOT' CORRECTED. OR RESOLVED THE VIOLATIONiS) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.02DH, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P:M. RECEIPT ACKNOWLEDGED BY OR MAILED TO 1171ST � Lo ov s_ / DATE PRINT NAME OF OFFICER � eeas jr4� SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF ._` (DATE INSPECTED) OFFICER ID # 0309 /�h Citation No_: 12011 -0600A Date: 5652212011 Account No: 12011. -0600 Name of Owner or Business i MORNINGSIDE RECOVERY LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 4823 RIVER AVE NB in the City of Newport Beach, on 06117/2011 revealed a violation(s) of the Newport Beach Municipal code: THE NEXT LEVEL CITATIOWIS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES. MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO :IGNORE THIS CITATION. - -7' . -: � _ 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON , AND YOU HAVENOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY CONDITION NO. 9 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT NO. 2010 -001, MORNINGSIDE RECOVERY STAFF AND DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. 2. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500(F) TO PARK OR LEAVE A VEHICLE WITH THE BODY OF THE VEHICLE BLOCKING OR EXTENDING OVER ANY PORTION OF A SIDEWALK. THANKS RECEIPT ACKNOWLEDGED BY OR MAILED TO DATE PRINT NAME OF OFFICER SIGNATURE OF O; FICER. VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 A l NOTICE OF ADMINISTRATIVE CITATION 4 >?' E• ,. CITY OF NEWPORT BEACH Community Development Department Code,Enforcement Division u 3300 Newport Blvd. Newport Beach, CA 92663 949.5443215 Citation No_: 12011 -0600A Date: 5652212011 Account No: 12011. -0600 Name of Owner or Business i MORNINGSIDE RECOVERY LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 4823 RIVER AVE NB in the City of Newport Beach, on 06117/2011 revealed a violation(s) of the Newport Beach Municipal code: THE NEXT LEVEL CITATIOWIS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES. MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO :IGNORE THIS CITATION. - -7' . -: � _ 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON , AND YOU HAVENOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY CONDITION NO. 9 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT NO. 2010 -001, MORNINGSIDE RECOVERY STAFF AND DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. 2. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500(F) TO PARK OR LEAVE A VEHICLE WITH THE BODY OF THE VEHICLE BLOCKING OR EXTENDING OVER ANY PORTION OF A SIDEWALK. THANKS RECEIPT ACKNOWLEDGED BY OR MAILED TO DATE PRINT NAME OF OFFICER SIGNATURE OF O; FICER. VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 ^- >cE.YrOk NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH r Community Development Department Code Enforcement Division �.tpnu 3300 Newport Blvd. Newport Beach, CA 92663 949-644 -3215 Citation No: 12011 -0621A Date: 0 612412011 Account No: 12 _1141621 Name of Owner w Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 _ NEWPORT BEACH, CA 92663 An Inspection of premises located at 3430 VIA LIDO NB in the City of Newport Beach, on 0 612 112 011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES _ :OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE'TO IGNORE THIS CITATION. ; . I - - ' 1st Citation - $100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WASiORIGiNALLY SROUGHTTO YOUR ATTENTION ON , AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) _. NEWPORT REACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: 20.22.020 MU DISTRICT - LAND USE REGULATIONS CORRECTION(S) REQUIRED.- 1. PURSUANT TO SECTION 20.22.020 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC), ALL USES CLASSIFIED AS "OFFICE, MEDICAL AND DENTAL" ARE PERMITTED ABOVE THE FIRST FLOOR ONLY IN THE MU -W2 ZONING DISTRICT. 2. PLEASE TAKE THE FOLLOWING CORRECTIVE MEASURES BY 5:00 P.M. ON MONDAY, JUNE 27,2011: A. CEASE ALL CLIENT TREATMENT RELATED ACTIVITIES. AND REMOVE ALL MEDICAL EQUIPMENT INCLUDING THE EXAMINATION TABLE AT 3430 VIA LIDO (SUITE B). B. SUBMIT A REQUEST FOR ZONING CLEARANCE TO THE COMMUNITY DEVELOPMENT DIRECTOR FOR ALL PROPOSED USESIACTIVITIES AT 3430 VIA LIDO (SUITE B). C. CONTACT THE CITY'S CODE ENFORCEMENT DIVISION TO SCHEDULE AN INSPECTION OF THE ENTIRE OFFICE SPACE (SUITE 6). 3. PLEASE BE AWARE THAT FAILURE TO COMPLETE ALL THE CORRECTIVE MEASURES LISTED ABOVE BY 5:00 P.M. ON MONDAY, JUNE 27, 2011, WILL RESULT IN FURTHER ENFORCEMENT ACTION, WHICH MAY INCLUDE ADMINISTRATIVE CITATIONS ISSUED EACH DAY THE VIOLATION EXISTS IN ACCORDANCE WITH SECTION 1.05.020 OF THE NBMC. RECEIPT ACKNOWLEDGED BY OR MAILED TO 17751L DATE PRINT NAME OF OFFICER xn,7917�_ e Et51i6t� SIGNATURE OF OFFICER %Ann ATI15N1C1 1RI FARFn AF r1F InATF "InICPFr TP:nN hFFI(icp In ft Aln4 I &J Citation No: 12011 -0624A Date: 06124/2011 Account No: 12 01 1 -06 24 Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport Beach, on 06!2112011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY =.ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. - 1sr Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THISVIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(5) - NEWPORT BEACH MUNICIPAL CODE SECTION(S)! DESCRIPTIONS OF VIOLATION(S) f: 20.22.020 MU DISTRICT - LAND USE REGULATIONS CORRECTION(S) REQUIRED - 1. PURSUANT TO SECTION 20.22.020 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC), ALL USES CLASSIFIED AS "OFFICE, MEDICAL AND DENTAL" ARE PERMITTED ABOVE THE FIRST FLOOR ONLY IN THE MU -W2 ZONING DISTRICT. 2. PLEASE TAKE THE FOLLOWING CORRECTIVE MEASURES BY 5:00 P.M. ON MONDAY, JUNE 27,2011: A. CEASE ALL CLIENT TREATMENT RELATED ACTIVITIES AT 3404 VIA LIDO iSUITE A). B. SUBMIT A REQUEST FOR ZONING CLEARANCE TO THE COMMUNITY DEVELOPMENT DIRECTOR FOR ALL PROPOSED USESIACTIVITIES AT 3404 VIA LIDO (SUITE A). C. CONTACT THE CITY'S CODE ENFORCEMENT DIVISION TO SCHEDULE AN INSPECTION OF THE ENTIRE OFFICE SPACE (SUITE A). 3. PLEASE BE AWARE THAT FAILURE TO COMPLETE ALL THE CORRECTIVE MEASURES LISTED ABOVE BY 5:00 P.M. ON MONDAY, JUNE 27, 2011, WILL RESULT IN FURTHER ENFORCEMENT ACTION, WHICH MAY INCLUDE ADMINISTRATIVE CITATIONS ISSUED EACH DAY THE VIOLATION EXISTS IN ACCORDANCE WITH SECTION 1.05.020 OF THE NBMC. RECEIPT ACKNOWLEDGED BY OR MAILED TO �%�� DATE PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 l NOTICE OF ADMINISTRATIVE CITATION • -1 ; �y ' P� CITY.OF NEWPORT BEACH ;i w,er.(1 Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 - 644 -3215 Citation No: 12011 -0624A Date: 06124/2011 Account No: 12 01 1 -06 24 Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport Beach, on 06!2112011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY =.ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. - 1sr Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THISVIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(5) - NEWPORT BEACH MUNICIPAL CODE SECTION(S)! DESCRIPTIONS OF VIOLATION(S) f: 20.22.020 MU DISTRICT - LAND USE REGULATIONS CORRECTION(S) REQUIRED - 1. PURSUANT TO SECTION 20.22.020 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC), ALL USES CLASSIFIED AS "OFFICE, MEDICAL AND DENTAL" ARE PERMITTED ABOVE THE FIRST FLOOR ONLY IN THE MU -W2 ZONING DISTRICT. 2. PLEASE TAKE THE FOLLOWING CORRECTIVE MEASURES BY 5:00 P.M. ON MONDAY, JUNE 27,2011: A. CEASE ALL CLIENT TREATMENT RELATED ACTIVITIES AT 3404 VIA LIDO iSUITE A). B. SUBMIT A REQUEST FOR ZONING CLEARANCE TO THE COMMUNITY DEVELOPMENT DIRECTOR FOR ALL PROPOSED USESIACTIVITIES AT 3404 VIA LIDO (SUITE A). C. CONTACT THE CITY'S CODE ENFORCEMENT DIVISION TO SCHEDULE AN INSPECTION OF THE ENTIRE OFFICE SPACE (SUITE A). 3. PLEASE BE AWARE THAT FAILURE TO COMPLETE ALL THE CORRECTIVE MEASURES LISTED ABOVE BY 5:00 P.M. ON MONDAY, JUNE 27, 2011, WILL RESULT IN FURTHER ENFORCEMENT ACTION, WHICH MAY INCLUDE ADMINISTRATIVE CITATIONS ISSUED EACH DAY THE VIOLATION EXISTS IN ACCORDANCE WITH SECTION 1.05.020 OF THE NBMC. RECEIPT ACKNOWLEDGED BY OR MAILED TO �%�� DATE PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 l NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH CommunitV Development Department .. ".� z Code Enforcement Division `ti:'-Irnu' 3300 Newport Blvd. Newport . Beach, CA 92663 949 - 6443215 Citation No: 12011 -0610A Date: 06/2412011 Account No: 12 01 1 -0 61 0 Name of Owner or Business ; MORNINGSIDE RECOVERY, LLC 3421 VIA'OPORTO, SUITE 9200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 0612272011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT _ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. .3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S)WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON ,_AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) _ NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1; MC IO.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NQ -.2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER. BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS. BETWEEN THE HOURS OF 9:00 A-M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAILED TO -9/;47S/Z- DATE td �E PRINT NAME OF OFFICER - _�(a -,%.� -(°�S�C.��C_�/� SIGNATURE OF OFFICER VIOLATIONS) CLEARED AS OF (DATE INSPECTED) OFFICER ID #I 0309 161 'F �ti URA. NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Com munity Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949.644 -3215 Citation No 12011 -0625A Date: 06!2812011 Account No: 12071 -0625 .Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 9200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NS in the City of Newport Beach, on 0612312011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT. ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. - - - • .. 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS' ORIGINALLY. BROUGHT TO YOUR ATTENTION. ON AND YOU�HAVE +NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) f DESCRIPTIONS OF VIOLATIONS) 1.: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1., ZONING AGREEMENT NO. 2010.001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS; SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5 :00 P.M. RECEIPT ACKNOWLEDGED BY OR MAILED TO PI7t.S2 DATE PRINT NAIVE OF OFFICER SIGNATURE OF OFFICER VIOLATIONS) CLEARED AS OF (DATE INSPECTED) . OFFICER M k 0309 /Y Oq �- I •i'.1Y /'U. . k r NOTICE OF ADMINISTRATIVE CITATION �''if �;' `• 1%15 CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 -644 -3215 Citation No: 12011 -0629A Date- 0612812011 Account No: 12011-0629 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 9200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NS in the City of Newport Beach, on 06/2712011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(SI WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON , AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) 1 DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(Sl REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A -M, TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT .AC .NOLVLEDGED BY ORR JM�6ILEQ,TO �I�� DATE PRINT NAME OF OFFICER 4// r77- SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID s 0309 &4 NOTICE OF ADMINISTRATIVE CITATION 1 CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, GA 92663 949-644 -3215 Citation No: 12011 -0669A Correction 1 Cite Date: 0 710 2120 11 Account No: 12011 -0669 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SURE 9200 NEWPORT BEACH, CA 92663 An inspection of premises locaied at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 0613012011 revealed a violation(s) of the Newpon Beach Municipal code. THE NE)MLEVEL:CITATIONASNOW RENDIN AND, YO'U. MAY BE-CITED EACR DAY'THE VIOLATION CONTINUES. OTHER 1ENFORCEMENT. ACTION' ANDtPENALTIES_ -1 Ai, .LS0'RESULT IF COMPLIANCE IS NOT ACHIEVED ORIF'YOU CONTINUE TO IGNORE,THISCITAMON. - - - - 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH iTHIS,VIOL'AT,ION(S)' WAS. ORIGINAL LY,BROUGHTTO�Y N_ OURATTENT[ON O_- -_�,ANDYOV.HFVE NOT CORRECTED' OR ,RESOLVED'THE!V(QLATdh,,5)'•;_ NEWPORT BEACH 1AUNICIPAL CODE SECTION(S)1 DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(SI REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNON!LEOGED BY OR hiA1FD TO l `/ rS,T— DATE ` J11 PRINT ; -,'AME OF OFFICER CO- SS SIGNATUi2E OF OFFICER. VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 160 NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development. Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA S2663 949-644-3215 Citation No: 12011 -0668A Correction /Cite Date: 07102/2011 Account No: 12011 -0668 Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLD NS in the City of Newport Beach, on 07/0212011 revealed a violation(s).of the Newport Beach Municipal code. THE NEXT LEVEL CRA .I N_IS',NOW'PENDING AND' YOU MAY,13E,CITED "EACH DAY THE VIOLATION CONTINUES: - :OTHER ENFORCEMENT ACTION °AND `�PENALTIES -MAY ALSO RESULT IF COMP- LIANCE IS NOT ACHIEVED- OR IF.' YOU CONTINUE TO IGNORE'THIS.CI7A. -10N 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS 'VIO.ATION($j WAS ORICNALLYJBROUGHT TO YOUR,A'TEN_TION ON AND YOJ HAVE NO T CORRECTED OR'RESOLVE� 7HE VIDLATION(S) - NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 90.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT r.CKNOWLEDGED BY OR 14AILED TO / /d�I . +OATH= PRINT NAME OF OFFICER GJS SIGNATURE OF OFFICER VIOLA i'ION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID 0 0309 16 )0 -tits ly�k. NOTICE OF ADMINISTRATIVE CITATION ,l CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 -644 -3215 Citation No: 12011 -0674A Correction.. / Cite Date: 0710612011 Account No: 12011 -0674 Name of Owner or Business. MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO. #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach. on 0 710 512 01 1 revealed a violaticn(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON , AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S)1 DESCRIPTIONS OF VIDLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(SI REQUIRED - 1.. AS REQUIRED BY OPERATIONAL CONDITION NO. 9 OF EXHIBIT 1 TO ZONING AGREEMENT NO. 2010 -001, MORNINGSIDE RECOVERY VAN DRIVERS SHALL RESPECT ALL CITY RULES. REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. 2. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500 (A),(B) TO STOP, PARK, OR LEAVE UNATTENDED A VEHICLE WITHIN AN INTERSECTION ANDIOR ON A CROSSWALK. RECEIPT ACKNOWLEDGED BY OR�h1yAIILED TO 12I2S1/L _ . _ DATE Z 6 PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIO- ATION(S) CLEARED AS OF '- _ (DATE INSPECTED! OFFICER ID # 0309 161 PG'7?w {NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949-644 -3215 Citation No: 12011 -0677A Correction 1 Cite Date: 0 710 712 01 1 Account No: {2011 -0677 Name of Owner or Business r MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLD NB in the City of Newport Beach; on 07/05/2011 revealed ,a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER .ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. 3rd Citation - $500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATIONS) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON , AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S)!'DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED- 1. AS REQUIRED BY OPERATIONAL CONDITION NO, 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, :STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE. 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MfALEE,D TO ,/Y 5,, _ / DATE PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 &r Wpo NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department r Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92653 949 -644 -3215 Citation No: 12011.0679A Correction/ Cite Dale: 0710712011 Account No: 12011.0679 Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO NEWPORT BEACH, CA 92663 An inspection of premises located a' 533 VIA LIDO SOLID NB in the City of Newport Beach, on 0 710 712 01 1 revealed a violation(s) of the Newport Beach Municipal code. 'THE 'NEXT LEVEL CITATIONjS NOW EENOING�AND.YQII MAY. RE CITED EACH DAY THE VIOLATION 66NTINUES. OTHER. ENFORCEMEtFi, ACTION, AND, P-ENAI :TIES- _M_AY'AtSO'REaUL-T`wiF. COMP_LIANCf.15_'N07ACHIEVED OR IF YOU CONTINUE TO IGNORE THtSCiTAT10N. 3rd Citation -5500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH -' - U --- - --�-. 'THIS- VIOLATION {S)WASiORIGINALLY BROUGHT TO YOUR ATTENTION ON. ..ANC "YOU.HAVE "NOT' ' -- CORRECTEO OR;RESOLVEOTHE VIOLATION(S) . NEWPORT BEACH MUNICIPAL CODE SECTION(S) ! DESCRIPTIONS OF VIOLATIONS) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001. STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE YOURS OF 9:00 A -61- TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. gyp RECEIPT ACIiNOV:'LDGED BY OR I':SAILED TO _ DAY 1 PRINT NAME OF OFFICER ."7g "l/- s' I! vJ�YLs% t� SIGNATURE OF OFFICER VIOLATIONS) CLEARED AS OF (DATE INSPECTED) OFFICER. ID # 0309 /�J NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH u�V — �,o,.,�� � Community Development Department r• Code Enforcement Div.ision 3300 Newport Blvd. Newport Beach, CA 92663 949 -644 -3215 Citation No: 12011 -0686A Correction I Cite Dale: 07111/2011 Account No: 12011 -0686 Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport. Beach, on 07/0912011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. 3rd Citation -5500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON , AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NE%r!PORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P -M. RECEIPT ACKNOWLEDGED BY OR MAILED TO �_1Z_ DATE PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECT: C) OFFICER iD n 0309 /6t An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach on 07/11/2011 revealed a viotation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. 3rd Citation -5500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATIONS) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON . AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS. OF VIOLATIONS) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00'A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAILED TO .�,�%L DATE PRINT NAME OF OFFICER SIGN.ATUP,E OF OFFICER VIOL ATION(S) CLEARED AS OF _- _ (DATE INSPECTED) OFFICER ID'?' 0309 1614 NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division rF'UAj�' 3300 Newport Blvd. Newport Beach, CA 92653 949-644 -3215 Citation No: 12011 -0689A Correction I Cite Date: 07/11/2011 Account No: 12611 -0669 Name of Owner or Business: MORNINGSIOE RECOVERY, LLC - 3421 VIA OPORTO, SUITE 9200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach on 07/11/2011 revealed a viotation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. 3rd Citation -5500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATIONS) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON . AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS. OF VIOLATIONS) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00'A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAILED TO .�,�%L DATE PRINT NAME OF OFFICER SIGN.ATUP,E OF OFFICER VIOL ATION(S) CLEARED AS OF _- _ (DATE INSPECTED) OFFICER ID'?' 0309 1614 Citation No: 12011 -0695A Correction /Cite Date: 07117/2011 Account No: 12011 -0695 Name of Owner or Business: MORNINGSIDE RECOVERY 3421 VIA OPORTO,SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 07/1712011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. -OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION.. 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR.ATTENTION ON , AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIP FACKNOWLEDGED BY OR MAILED TO !/J /2' DATE PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 I(�V NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Developmerrt Department `= Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 94"44 -3215 Citation No: 12011 -0695A Correction /Cite Date: 07117/2011 Account No: 12011 -0695 Name of Owner or Business: MORNINGSIDE RECOVERY 3421 VIA OPORTO,SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 07/1712011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. -OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION.. 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR.ATTENTION ON , AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIP FACKNOWLEDGED BY OR MAILED TO !/J /2' DATE PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 I(�V City Council Attachment B June 14, 2011, City Council Staff Report 17 12 • Agenda Item No. 27 June 14, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Community Development Director 949 - 644 -3226, or kbrandt(cDnewportbeachca.gov and Office of the City Attorney David R. Hunt, City Attorney 949 - 644 -3131, or dhunt(cDnewportbeachca.gov PREPARED BY: Janet Johnson Brown, Associate Planner APPROVED: a UM i - v U TITLE: Periodic Review of Compliance of Zoning Implementation and Public Benefit Agreement for Morningside Recovery, LLC (PA2011 -107) ABSTRACT: City Council's periodic review of the Zoning Implementation and Public Benefit Agreement (Zoning Agreement) between the City of Newport Beach and Morningside Recovery, LLC ( Morningside) to determine if Morningside has demonstrated good faith compliance with its obligations pursuant to the terms of the Zoning Agreement. RECOMMENDATION: 1. 1. Conduct a public hearing; and 2. Adopt Resolution No. _ (Attachment A), finding that Morningside has not demonstrated good faith compliance with the terms and Operational Conditions of the Zoning Agreement (Attachment B) based on substantial evidence; and 3. Direct staff to issue a written notice to Morningside specifying the manner in which Morningside has failed to comply and state the steps Morningside must take to bring itself into compliance. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 2 Ij Periodic Compliance Review (PA2011 -107) June 14, 2011 Page 2 DISCUSSION: Introduction This is the first periodic review of the Zoning Agreement between the City of Newport Beach and Morningside Recovery, LLC. Under the terms of the Zoning Agreement, the City and Morningside are required to conduct a periodic compliance review at least once every 12 months. Staff has conducted a thorough review of Morningside's operations and the requirements of the Zoning Agreement. Through the review process, staff has identified a high number of violations of the Operational Conditions of the Zoning Agreement at each of the current Morningside residential care facilities, as well as separate violations of the Newport Beach Municipal Code (NBMC). These violations are discussed below in this report. Based on this review, it appears that Morningside is unable or unwilling to adequately and responsibly manage its facilities and comply with the terms of the Zoning Agreement. If the City Council finds and determines that Morningside has not complied in good faith with the terms and conditions of the agreement, the City Council may pursue remedies as approved by the agreement. Such remedies include general police powers, and the Administrative Citation process (NBMC Chapter 1.05) for violation of operational conditions and /or the NBMC, until such time as the City Council determines, at a noticed public hearing, that Morningside is unable or unwilling to remedy the violations and comply with the terms of the Zoning Agreement. Pursuant to Section 0.1 subdivision (b) of the Zoning Agreement, if the City Council determines that Morningside is unable or unwilling to remedy the violations identified, the City shall provide Morningside with written notice. Such written notice shall specify the manner in which Morningside has failed to comply, and state what steps Morningside must take to bring itself into compliance. If Morningside does not commence efforts to achieve compliance within 30 days after receipt of the written notice from the City, and diligently pursue steps that achieve full compliance, then Morningside shall be determined to be in default under the terms of the Zoning Agreement. Background On September 28, 2010, the City Council adopted Ordinance 2010 -18, approving Development Agreement DA2010 -001 between the City and Morningside. The Development Agreement is described as a "Zoning Implementation and Public Benefit Agreement," and is part of the Settlement and Release Agreement with Morningside that was approved by City Council in closed session, and entered into April 27, 2010. The Zoning Agreement provides Morningside an entitlement for the operation of residential care facilities in the City. It also includes operational conditions intended to minimize impacts and protect the public health, safety and welfare of the residential neighborhoods in which the residential care facilities are located. The agreement 2 Periodic Compliance Review (PA2011 -107) June 14, 2011 Page 3 places limitations on the total number of clients in recovery for drug and alcohol abuse citywide and in the Peninsula Zone, limitations on occupancies within current individual facilities, and controls on the operation of these individual facilities. As stated above, the Zoning Agreement provides that the City and Morningside shall conduct a review at least once every 12 months for good faith compliance with the terms and conditions of the agreement. This is consistent with California Government Code Sections 65865 and 65865.1, and with NBMC Section 15.45.080 (Development Agreements — Periodic Review). Operational Conditions of the Zoning Agreement The Zoning Agreement establishes the duties of both Morningside and the City. It also establishes Operational Conditions with which Morningside is required to comply. The Operational Conditions of the Zoning Agreement are similar to those that the City would have required under a conditional use permit. Some of the key Operational Conditions are summarized as follows: Condition No. 1 Occupancy Level. Occupancy levels limited to no more than 36 clients Citywide, with no more than 30 clients within the Peninsula Zone. Condition No. 2 Staffing. Operator shall appoint at least one qualified manager on -site or on -call at all times (24 hours a day, seven days a week) to appropriately and responsibly manage each facility. Condition No. 3 Government Referrals. No housing or services may be provided to individuals referred by a governmental agency, or who have been convicted of certain categories of criminal offenses. Condition No. 5 Medical Waste. All medical waste shall be disposed of in accordance with the NBMC, all other laws, and industry standards. Condition No. 6 Trash and Trash Enclosures. Operator shall comply with City code provisions related to disposal of trash and maintenance of trash receptacles or enclosures. Condition No. 7 Smoking and Tobacco Products. Secondhand smoke may not be detected off -site. Operator shall prohibit littering of cigarette butts. Condition No. 8 Parking. Garages and other parking spaces at facilities shall be clear, unobstructed and available for parking by staff, visitors and transport vans at all times. Clients are not permitted to have personal vehicles. Condition No. 9 Client Transport. Transport van drivers are required to respect all City rules regarding parking and /or stopping. Loading and unloading of passengers shall occur only in open parking spaces or garage spaces. Condition No. 12 Quiet Hours. Quiet Hours of 9:00 p.m. to 8:00 a.m. shall be observed and enforced, and noise (including music, television, and voices) shall not be audible beyond the perimeter of the facility. Condition No. 13 Route Plans. Operator shall adhere to Route Plans (Exhibit 5 of Zoning Agreement) for transport of its staff and resident clients. Condition No. 14 Deliveries. Deliveries are limited to weekdays between 9:00 a.m. and 5:00 p.m. Condition No. 17 Persons per Bedroom. No more than two clients per bedroom shall be allowed unless size of structure warrants more). Condition No. 19 Facility Nuisances. Facility properties shall be properly maintained in a clean and safe manner. 21 3 Periodic Compliance Review (PA2011 -107) June 14, 2011 Page 4 Overall Compliance Review Since the Zoning Agreement was adopted, staff has investigated numerous complaints about alleged violations of operational conditions at each Morningside facility. In some cases, a Notice of Violation (NOV) and /or an Administrative Citation was issued to Morningside for failure to comply with a specific condition. Pursuant to the terms of the Zoning Agreement, Morningside may operate facilities with up to 36 clients and client beds Citywide, with a maximum of 30 clients and client beds located in the Peninsula Zone. In November 2010, the City confirmed through on -site inspections of each facility that Morningside had exceeded the maximum number of clients /client beds allowed in the Peninsula Zone. Code Enforcement issued a NOV to Morningside on November 2, 2010, for violating Condition No. 1 of the Zoning Agreement. Shortly after receiving the NOV, Morningside reduced the bed counts to the level allowed by the Zoning Agreement. NOV's were also issued for violation of Condition No. 8 related to the accessibility of parking spaces in garages located at 100 -102 Via Antibes and at 29 Ima Loa Court. In a follow -up inspection to verify the violations had been corrected on November 5, 2010, Code Enforcement determined 29 Ima Loa Court was in compliance. Code Enforcement was unable to gain access to inspect a garage space at 100 -102 Via Antibes, and is still unable to do so as of this writing. Code Enforcement also issued NOV's on November 2, 2010, for violations of general operational matters related to the loading and unloading of passengers by Morningside's transportation van drivers (Condition No. 9), and adherence to the approved Route Plans for transport of its staff, residents, clients, and customers (Condition No. 13). See Attachment C for a copy of correspondence and NOV's issued to Morningside on November 2, 2011. During a meeting with representatives from Morningside on December 10, 2010, staff noted that the Zoning Agreement was subject to review for good faith compliance with the terms of the agreement at least once every 12 months. Staff informed Morningside that at these reviews, any complaints received regarding Morningside would be reported, as well as Morningside's responses and action taken regarding the complaints. Staff commented on the various complaints received up to that date related to general operational conditions such as secondhand smoke, loading and unloading of passengers while transportation vans are stopped or double parked in a traffic lane, or parked in a designated red curb (Fire Lane) zone. Morningside's representative stated they would address the issues with their staff. On December 17, 2010, staff followed up with a letter to Morningside's legal counsel (Attachment D) summarizing the December 10`h conversation about periodic review of the terms of the Zoning Agreement, and the written records of complaints and responses that would be prepared for such reviews. In the ensuing months, Code Enforcement continued to meet with or call Morningside representatives, or send emails to warn about repeated complaints received regarding violations of operational 22 21 Periodic Compliance Review (PA2011 -107) June 14, 2011 Page 5 conditions. Although Morningside provided assurances they had addressed the issues with its staff, complaints continue to be submitted for repeated violations of operational conditions as of this writing. (See Attachment E: Morningside Compliance Matrices, and Attachment F: Code Enforcement Complaint Log.) As of May 27, 2011, Morningside manages facilities consistent with the occupancy levels at the following locations (see Attachment G for a vicinity map of each location): • 4823 A & B River Avenue • 29 Ima Loa Court • 100 -102 Via Antibes, 208 Via Lido Soud • 533 Via Lido Soud The Zoning Agreement includes dispersal and distancing requirements for each of Morningside's facilities. Per the terms of the agreement, only one facility is allowed per block, and no facility may be located within 1,000 feet of public elementary schools or large licensed day care facilities. Two facilities located at 112 B 39th Street, and 5101 A & B River Avenue closed shortly after adoption of the Zoning Agreement. Except for two other facilities that were existing at the time the Zoning Agreement was adopted (4823 A & B River Avenue, and 100 -102 Via Antibes and 208 Via Lido Soud, which occupy more than one dwelling unit in the same building), all existing facilities are located in a single dwelling unit, with no other facilities on the block. On two different occasions, staff discovered Morningside was using the City's official seal on its website, and advertising that Morningside is "Licensed in the city of Newport Beach." Use of the City's official seal without the express consent of the City Council is prohibited per NBMC Section 1.16.050. On November 8, 2010, a NOV was issued for this infraction and the City seal was removed from the Morningside's website the same day. The second instance was discovered on May 27, 2011. Code Enforcement issued an Administrative Citation for this second infraction, and Morningside again removed the City seal from its website. Staff's review of Morningside's overall compliance is summarized in the attached matrices (Attachment E), for the period of September 28, 2010, through May 27, 2011. Each matrix lists specific operational conditions from the Zoning Agreement, the date and results of inspections conducted by the City, any complaints received by the City, and staff comments. Each matrix also reflects the areas in which Morningside was advised to take corrective action and the results of that corrective action, as well as NOV's or Administrative Citations that have been issued to Morningside.1 t Where instances of repeated staff advisory and enforcement actions for a single operational condition did not fit within a specific matrix cell, details are supplied in the Complaint Log prepared by the Code Enforcement Division (Attachment G). 23 15 Periodic Compliance Review (PA2011 -107) June 14, 2011 Page 6 The first matrix summarizes the applicable regulations of the Zoning Agreement related to the overall operations of Morningside's properties. It identifies where the City confirmed Morningside is or is not in compliance with specific requirements. The second matrix includes separate sheets for each individual Morningside facility, including a facility located at 112 39th Street, Unit B, which closed on November 30, 2010. This matrix identifies those areas where the City has confirmed that Morningside is or is not in compliance with the specific requirements of the Zoning Agreement at individual facilities. Where corrective action was required at individual facilities, recommendations and Morningside's responses are noted. Each matrix also lists all Notices of Violation or Administrative Citations that have been issued to Morningside for that particular facility.2 A summary of total number of warning notices, NOV's or Administrative Citations by facility location and for general operations is provided in the table below. See Attachment H for a copy of all communication, NOV's and Administrative Citations issued to Morningside for the period of September 28, 2010 through May 27, 2011. Facility Address # of Warning Notices # of NOV's Related # of Admin. Cites Related to Condition # to Condition # Related to Condition # 533 Via Lido Soud 11 email warnings re: 43 NOV's re: 3 Administrative Cites Condition Nos. 7, 9, 10, Condition Nos. 7, 9, re: Condition Nos. 9, 12 12 &14 12,13, &14 &14 4823 A & B River 1 letter warning re: 6 NOV's re: Condition 4 Administrative Cites Ave. Condition Nos. 7 & 19 Nos. 6, 7, 8, & 9 re: Condition Nos. 7 & 9 2 Parking Citations re: Condition Nos. 9 29 Ima Loa Court 4 email /letter warnings 1 NOV re: Condition re: Condition No. 7 No. 8 100 -102 Via Antibes/ 2 email warnings re: 1 NOV re: Condition 1 Administrative Cite re: 208 Via Lido Soud Condition No. 7 & 8 No. 8 Condition No. 12 General Operational 1 letter warning re: 5 NOV's re: Condition 1 Administrative Cite re: Matters Condition Nos. 7, 9, & 12, Nos. 1, 9, 13 & 22 Condition No. 22 2 email warnings re: (use of City seal), and (unauthorized use of failure to submit failure to submit City seal) Quarterly Compliance Quarterly Compliance Review Report I Review Report 9 Admin. Citations TOTALS: 21 email/letter warnings 17 NOV's 2 Parking Citations 2 See footnote 1, on previous page. 3 A single Notice of Violation was issued for two separate violations of Operational Condition Nos. 9 and 14 on January 5, 2011. �� Periodic Compliance Review (PA2011 -107) June 14, 2011 Page 7 Compliance Review Reports & On -Site Inspections The Zoning Agreement provides that Morningside is required to submit a Compliance Review Report on or before March 31St, June 301h, September 30th, and December 31" of each year during the term of the agreement. The Compliance Review Report is required to document the status of the Morningside facility operations. The report provides information relating to facility locations, number of clients and number of client beds at each location, and includes the operator's certification under penalty of perjury that Morningside is in compliance with all operating conditions. Morningside did not submit each of the Compliance Review Reports within the deadlines required by the Zoning Agreement. The first report, for the period of September 28 through December 31, 2010, was submitted on January 3, 20114. Some information contained in the report was incorrect. Staff informed Morningside of the incorrect information, and a corrected report was submitted on January 12, 2011 (Attachment 1). Code Enforcement staff sent email warnings to Morningside on April 6 and April 14, 2011, stating that the Compliance Review Report for the period ending March 31, 2011, had not been submitted. This report was received by City staff on April 20, 2011. Again, some information contained in the report was incorrect. Staff informed Morningside of the discrepancy, and a corrected report was submitted on April 21, 2011 (Attachment J). A Notice of Violation was issued to Morningside for failing to submit this report within the required deadline (i.e. on or before March 31 st). The Code Enforcement Division confirms information provided in the Compliance Review Reports through on -site inspections of the facilities, consistent with the inspection protocol established in Exhibit 4 of the Zoning Agreement. The Code Enforcement Division conducted interior and exterior inspections of Morningside facilities on January 27, 2011, and on May 5, 2011, to confirm the information provided by Morningside. A summary of the inspections conducted on these dates is provided in the table below. Copies of Code Enforcement inspection reports are provided in Attachment K. Inspection Date Facility Address Inspection Results Comments January 27,2011 533 Via Lido Soud Not in compliance. Notice of Violation (NOV) Complaints received re: issued 11 -9 -10 for failing to secondhand smoke, contain secondhand smoke parking, noise during within parcel. Designated Quiet Hours, and smoking area moved to deliveries after hours. garage in response to NOV. Code Enforcement advised 4 City Hall was closed during the week of December 26 through December 31, 2010, and reopened for business on Monday, January 3, 2011. In this case, staff considered the report to have been submitted within the required deadline (i.e. on or before December 31s) 215 Periodic Compliance Review (PA2011 -107) June 14, 2011 Page 8 Inspection Facility Address Inspection Results Comments Date of requirement to utilize garage or open parking spaces for client transport vans, and approved hours for deliveries. NOV issued for violation of Quiet Hours. Morningside posted policy re: use of decks and docks during Quiet Hours. 29 Ima Loa Court Not in compliance. Code Enforcement advised Complaints received re: of needed correction. secondhand smoke. Ma 5, 2011 533 Via Lido Soud Not in compliance. Code Enforcement advised Complaints received re: of needed corrections disposal of cigarettes on regarding disposal of street, transport van cigarettes, observance of parking and /or loading of City rules by client transport clients, noise during Quiet vans, Quiet Hours and Hours, and deliveries after deliveries. Administrative hours. Citation issued 1 -31 -11 for transport van blocking intersection. 29 Ima Loa Court Not in compliance. Code Enforcement advised Complaints received re: of needed correction. secondhand smoke. Morningside verbally informed Code Enforce- ment that clients may not smoke on the balconies. However, complaints continue. 100 -102 Via Antibes, Not In compliance. Code Enforcement has 208 Via Lido Soud Morningside is unable to been unable to verify all gain access to one garage spaces are available garage. for parking of vehicles Parolees and Governmental Referrals The NBMC restricts any residential use from housing more than one parolee or probationer for monetary or non - monetary compensation. Like other residential uses, Morningside is subject to this limitation. To determine whether Morningside is operating in compliance with the operational requirement that it house no more than one parolee /probationer, and no registered sex offender, gang member or client funded by Proposition 36 at any of its Newport Beach facilities, the Newport Beach Police Department (NBPD) performed parolee checks for all Morningside addresses on February 1, 2011 Since that time, the NBPD has requested that they be asked to supply this sort of information only for criminal law enforcement purposes. Therefore, on May 11, 2011, the Code Enforcement Division asked Morningside to provide a 20 g Periodic Compliance Review (PA2011 -107) June 14, 2011 Page 9 verified statement that they are in compliance with this condition for the first quarterly reporting period. As of the date of this writing, Morningside has not responded to this request. Calls for Service and Other Complaints The NBPD has reviewed calls for service related to the Morningside facility addresses from September 28, 2010 to May 31, 2011. The NBPD reported the following calls for service submitted by the public relating to each of the Morningside facility addresses listed below during the period the facilities were operated by Morningside. Facility Address Date Complaint/Activity 29 Ima Loa Court 4 -15 -11 Disturbance. PD assisted with breaking up a fight. 4 -16 -11 Disturbance. PD assisted with breaking up a fight 4823 A & B River Avenue 10 -4 -10 Loud music. PD advised. 10 -27 -10 Call for medical aid. Arrest made by PD. 1 -15 -11 Illegal parking. PD advised. 1 -15 -11 Illegal parking. Call to PD cancelled. 1 -29 -11 Illegal parking. Vehicle gone upon PD arrival. 2 -4 -11 Illecial Parking. Vehicle moved by owner. 2 -6 -11 Illegal parking. Citation issued by PD. 4 -3 -11 Illegal parking. PD unable to locate. 4 -16 -11 Loud music. PD advised. 533 Via Lido Soud 10 -21 -10 Disturbance. PD assisted with breaking up a fight. 1 -26 -11 Municipal Code violation. PD advised. 112 39`h Streets 11 -6 -10 Loud music. PD advised. 11 -7 -10 Loud music. PD issued DAC. Although not required by the Zoning Agreement, City staff reviewed the City's parking and moving violation records, and noted that Morningside vans, or staff vehicles which hold a Master Parking Permit, received a total of four parking citations between September 28, 2010 and May 31, 2011. This does not represent a violation of the terms of the Zoning Agreement. The table below summarizes parking citations issued to Morningside vehicles with or without Master Parking Permits. Vehicle Parking Violation General Location Date Mercedes Parked in "No Parking Anytime" Zone Irvine Avenue 4 -15 -11 Van Parked /Stopped in prohibited parking space sidewalk River Avenue 2 -6 -11 Sedan Parked /Stopped in prohibited parking space sidewalk River Avenue 2 -6 -11 GMC Parked in a "Loading Only" zone Via Lido 10 -23 -10 e Morningside vacated this property on November 30, 2010. These calls for service may not be affiliated with Morningside. 27 9 Periodic Compliance Review (PA2011 -107) June 14, 2011 Page 10 Conclusion: In summary, staff believes that Morningside has not made good faith efforts to comply with all of the terms of the Zoning Agreement. This is due to the repeated number of violations of operational conditions at each of the facilities. Additionally, staff is concerned that Morningside has been unable to provide qualified staff that can appropriately and responsibly manage each facility, as evidenced by the repeated violations. For these reasons, and on the basis of substantial evidence provided in this staff report, staff recommends that the City Council: 1. Determine that Morningside is unable or unwilling to remedy the violations and comply with the terms of the Zoning Agreement; and 2. Adopt the attached Resolution No. , finding that Morningside has not demonstrated good faith compliance with the terms and Operational Conditions of the Zoning Agreement; and 3. Direct staff to issue a written notice to Morningside specifying the manner in which Morningside has failed to comply and state the steps Morningside must take to bring itself into compliance. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Notice of this hearing was published in the Daily Pilot, mailed to all owners and occupants of property within 300 feet of the boundaries of each of the property locations, and mailed to the applicant at least 10 days prior to this hearing, consistent with the provisions of the NMBC. Notice of this hearing was also posted at each property location at least 10 days prior to this hearing. in r 10 Sub itted by: Kimberly Brant AICP Community Development Director Attachments: A. Resolution No Periodic Compliance Review (PA2011 -107) June 14, 2011 Page 11 Submitted by: David R. Hunt City Attorney B. Zoning Agreement C. Correspondence and NOV's issued to Morningside 11 -2 -10 D. Letter to Morningside Legal Counsel dated 12 -17 -10 E. Morningside Compliance Matrices F. Code Enforcement Complaint Log G. Vicinity Maps of Morningside Facilities H. All Communication, NOV's and Administrative Citations issued to Morningside to date I. Morningside Compliance Review Report (9 -28 -10 to 12- 31 -10) J. Morningside Compliance Review Report (1 -1 -11 to 3- 31 -11) K. Code Enforcement Inspection Reports i� City Council Attachment A Resolution No. 30 13 31 14 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FOR A PERIODIC REVIEW OF COMPLIANCE OF THE ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND MORNINGSIDE RECOVERY, LLC (PA2011 -107) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The City Council adopted Ordinance 2010- 18;''`appC( DA2010 -001 between the City and Morningside Rei September 28, 2010. The Development Agreemer Implementation and Public Benefit Agreement' (Zoning Settlement and Release Agreement with Morningside the and entered into April 27, 2010. 2. The Zoning Agreement estab and Morningside are required 3. The Zoning Agr a noticed public terms and con( Sections 65865 15.45.080. 4. A n.iiblic hearini the meeting was giv Evidence, both written at this meeting. SECTION 2. CALI Of and LOWA ,ing Development Agreement very, LLC (Morningside) on is •described as a 'Zoning 4greement) and is part of the was approved by City Council, Conditions with which the City wides that-the City and-Morningside shall conduct a review at least once every 12,m onths for good faith compliance with the he ;agreement, consistent with California Government Code 5.1,''and with Newport Beach Municipal Code (NBMC) Section on June 145-2010; in the City Hall Council Chambers, 3300 ort Beach, California. A notice of time, place and purpose of in accordance with the Newport Beach Municipal Code. J oral, was presented to, and considered by, the City Council QUALITY ACT DETERMINATION. 1. This project has been-determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Class 3 - Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Section 15321 (Class 3 - Existing Facilities) exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. 32 15 City Council Resolution No. Paqe 2 of 4 SECTION 3. FINDINGS. Section N of the Zoning Agreement (Periodic Review of Compliance) provides that the City Council and Morningside shall review the Zoning Agreement at least once every 12 months for good faith compliance with the terms of the agreement, consistent with California Government Code Sections 65865 and 65865.1, and with NBMC Section 15.45.080. At the reviews, Morningside shall document the current status of its operations and furnish evidence of good faith compliance with the Zoning Agreement. 2. NBMC Section 15.45.080 provides that at the time of such review, the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue shall be on the applicant or successor -in- interest. 3. Pursuant to Section 0.1 (Default by Morningside), Morningside's compliance with the terms of the Zoning Agreement is subject to the enforcement provisions in subsections (a) and (b): (a) For Violations of the Operational Conditions, the City may follow its Administrative Citation process (NBMC Chapter 1.05) to remedy violations of the Operational Conditions, until such time as the City Council, at a noticed public hearing, determines that Morningside is unable or unwilling to remedy the violations and comply with the terms of the Zoning Agreement. (b) Pursuant to California Government Code Section 65865.1, and the Zoning Agreement, if the City determines that Morningside has not complied in good faith with its obligations pursuant to the Zoning Agreement, the City shall specify by written notice to Morningside the manner in which Morningside has failed to comply, and state the steps Morningside must take to bring itself into compliance. If Morningside does not commence efforts to achieve compliance within thirty (30) days after receipt of written notice from the City specifying the manner in which Morningside has failed to comply, and diligently pursue steps that achieve full compliance, then Morningside shall be in default under the terms of the Zoning Agreement. 4. The City Council finds that Morningside has not demonstrated good faith compliance with the terms of the Zoning Agreement based on the following facts: 4 -A. In the spirit of good faith and fair dealing, and cooperatively enforcing the terms of the Zoning Agreement, the City has issued more than 20 emails or letters warning of complaints or potential violations of the Operational Conditions since the Zoning Agreement was adopted on September 28, 2010. Although warned of these potential violations, though it remedied some violations, Morningside was unable or unwilling to remedy or prevent a recurrence of such violations, and Notices of Violation or Administrative Citations were issued to Morningside for failure to comply with the terms and Operational Conditions of the Zoning Agreement, as evidenced below. Tmplt: 03/08/11 10 33 City Council Resolution No. Page 3 of 4 4 -B. The City has issued a total of 171 Notices of Violation (Exhibit 1) to Morningside for violation of Operational Conditions at its facilities as well as for general operational matters since the Zoning Agreement was adopted on September 28, 2010. The Notices of Violation were issued for the unauthorized use of the City's official seal on Morningside's website, failure to submit a Compliance Review Report within the deadline required by the Zoning Agreement, and failure to comply with the following Operational Conditions: Condition No. 1 Occupancy Level. Occupancy levels limited to no more than 36 clients citywide, with no more than 30 clients within the Peninsula Zone. Condition No. 6 Trash and Trash Enclosures. Operator shall comply with City code provisions related to disposal of trash and maintenance of trash receptacles or enclosures. Condition No. 7 Smoking and Tobacco Products. Secondhand smoke may not be detected Condition No. 12 off -site. Operator shall prohibit littering of cigarette butts. Condition No. 8 Parking. Garages and other parking spaces at facilities shall be clear, unobstructed and available for parking by staff, visitors and transport vans at all Condition No. 14 times. Clients are not permitted to have personal vehicles. Condition No. 9 Client Transport. Transport van drivers are required to respect all City rules regarding parking and /or stopping. Loading and unloading of passengers shall occur only in open parking spaces or garages aces. Condition No. 12 Quiet Hours. Quiet Hours of 9:00 p.m. to 8:00 a.m. shall be observed and enforced, and noise (including music, television, and voices) shall not be audible beyond the perimeter of the facility. Condition No. 13 Route Plans. Operator shall adhere to Route Plans (Exhibit 5 of Zoning Agreement ) for transport of its staff and resident clients. Condition No. 14 Deliveries. Deliveries are limited to weekdays between 9:00 a.m. and 5:00 p.m. Condition No. 22 Federal, State, and Local Laws. Operator shall comply with all federal, state and local laws. 4 -C. The City has issued a total of 9 Administrative Citations (Exhibit 2) to Morningside for violation of Operational Conditions at three of its facilities and for general operational matters since the Zoning Agreement was adopted on September 28, 2010. The Administrative Citations were issued for a second incident of unauthorized use of the City's official seal on Morningside's website, and failure to comply with the following Operational Conditions: Condition No. 7 Smoking and Tobacco Products. Secondhand smoke may not be detected off -site. Operator shall prohibit littering of cigarette butts. Condition No. 9 Client Transport. Transport van drivers are required to respect all City rules regarding parking and /or stopping. Loading and unloading of passengers shall occur only in open parking spaces or garage spaces. Condition No. 12 Quiet Hours. Quiet Hours of 9:00 p.m. to 8:00 a.m. shall be observed and enforced, and noise (including music, television, and voices) shall not be audible beyond the perimeter of the facility. Condition No. 14 Deliveries. Deliveries are limited to weekdays between 9:00 a.m. and 5:00 p.m. Condition No. 22 Federal, State, and Local Laws. Operator shall comply with all federal, state 'local laws. 1 A single Notice of Violation was issued for two separate violations of operational Condition Nos. 9 and 14 at 533 Via Lido Soud on January 5, 2011. Tmplt: 03/08/11 17 �"l City Council Resolution No. _ Page 4 of 4 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby determines that Morningside has not demonstrated good faith compliance with terms of the Zoning Agreement, and is unable or unwilling to remedy the violations and comply with the terms and Operational Conditions of the Zoning Agreement, based on evidence presented in the staff report, at the public hearing, and as provided in Exhibit 1 and Exhibit 2 attached hereto and incorporated by reference. 2. The City Council of the City of Newport Beach hereby directs staff, consistent with this determination, to issue a written notice to Morningside specifying the manner in which Morningside has failed to comply with the terms and Operational Conditions of the Zoning Agreement, and state the steps Morningside must take to bring itself into compliance and achieve compliance within 30 days after receipt of the written notice. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 14th June, 2011, by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK Tmplt: 03/08/11 Zg S,5 so EXHIBIT 1 19 SR KIN ylYYp ° CfY' OP NEWPDRT "BEACH ia..�. F "� Comtnariity %Devr3lotimenGE7eoarfmdnt Code Enforceinerit.Division: 3300 NewporcBlvel. Newpckt.Sesch, CA 9266.3 - 949 -644 -32:15 Number: 120114358 Daie: 0411412011 Name of Owner or Business.: MORNINGSIDE " RECOVERY, -LLC 3421 WA OPORTO, SUFf3 =.4200 NEWPORT BEACH,CA192683 An inspection of premises located at 3424 _VIA.OPORTO.NB.in the City of Newport Beach, on :0 411 312 01 4 reveated.a violalion(s):of the Newport Beach :Municipal code, WARNING ONLY PREVIOUSLY ADVISED NEWPORT BEACH MUNICIPAL CODE SECTION($) /'DESCRIPTIONS OF VIOLATION(S) if MC 10;50.020H, VIOLATION OF USE PERMIT I. AS-REQUIRED BY DEVELOPMENT AGREEMENT20i0- 001(EXHIBIT.A, SECTION IR(N) -j, _ MORNINGSIDE RECOVERY SHALL SUBMIT A COMPLIANCE REVIEW REPORT TO THt-C17Y OWOR BEFOREMARCH 31,.JUNE,30,.SEPTEMBER 30,AND DECEMBER -31„ 2. THE COMPLIANCE REVIEW`REPORT DUE MARCH 31, 2011 .HAS NOT :13EENSUBMITTED To THE CITY. . 3:PLEASE SUBMITA COMPLIANCE REVIEW REPORT TO THE CITY BY APRIL 19, 2011. - THIS-VIOLATION MUS BE CORRECTED ON OR BEFORE 7 �� /. , If the violation is.not corrected by the date specified, an ADMINISTRATIVE CITATION maybe issued -and penalties will begin to accrue ($100:00, $200:00, AND $500.00), each day. Additional enforcement actions such is administrative abatement,. civil penalties, prosecution and/or Civil injunction may be utilized to correct this vlohsdon(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN AOMIMSTRATIVE CITATION MAY BE ISSUED AND FEESWILL BEGIN -TO ACCRUE. PRINT NAME OF OFFICER f `/ e_P` ,4 SIGNATURE OF OFFICER VIOt1c7i0N(5)-CLEAREO AS,OF (DATE:INSPECTED) OFFICER ID• #_0309 o d o AIOTICE OF TIC ATION CITYOP NEWPORT BEACH .D �, � CODE "& Water0luality "Eniorcament - �rx +ruin" 3300.Ne4oit Blvd:. . Newpert�Beaeh, CA 92663 94916444215 Number, 1201.0 -4140 Date: 11102/20.10 Name'oF "Owner or Business : MORNINGSIDEAECOVERY, LLC ' .3421 VIA.OPOR.TO, .SUITE 206 - NEWPORT BEACH,CA,92663" An.1napeotion.of premises located-ai 421 VIA OPORTO N2 in the City of Newport Beach, on I VOV2010 revealed a violations) of the Newport Beach-Municipal code, - _- WA}2NING ONLY PREVIOMYADVISED j FINAL WARNING j) ?Hl5 VID�I.ATIOF,t�5,) 4- GMS,ORCG)NAL�C%' 8R0 -(TG N O �sO[)R 'hTEN'fIONiON d ��"' .AN[) YAOjHAVEyO.T - COFiREt' sl' ED�fORiRESOLVE4� NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OFVIOLATION(S) 1: MC 16.50.020H;' VIOLATION -OF USE PERMIT - GORREETfON(S) REE2UIRED� 1. CONDMORNO. 1 "OF ZONING-AGREEMENT NO. DA2010,001 LIMITS THE NUMBER OF CLIENTBEDSTO WIN THr.PENINSuLkZONE AND A MAXIMUM OF "3.6 CLIENT BEDS.IN THE "CITY, OF NEWPORT BEACH; 2. PLEASE REDUCE THE CLIENT BED COUNT TO BE.IN COMPLIANCE WITH THE REQUIREMENTS IN CONDITION NO, 1. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE C L S (/ d . If the-violation is not corrected by the datespecified, .an.ADMINISTRATiVE'CITATION.may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL.BEGIN'TO ACCRUE; PRINT'NAME!OFOFFICE2 I' <W- cos 1 Ld4-1 SIGNATURE.OF OFFICER. VIOLATION(S) CLEAREDASOF (DATE.INSPECTED) OFFICER ID# 0309 „ Name of Owner or Business : MORNINGSIDE.RECOVERY :.G p. 3421 VIA OPORTO, STE 200 NEWPORT 13EACH,CA,92663 _,Number. Date: 12011 -0116 011311201'1 An Inspedlon of premises located at 4623 RIVER AVE NB in the City of Newport Beach, on 01/2612011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING i W'..91bLATI0NIS).We,' Off a I CY eReft9 i(}n i�? YduR;, rt 1�r7oi5;D ;r; ; ;u awp rtiifHnVe ,N it : ,. ;. ` y '• ;( �GORRECTEOORRP90LVEDt,.-. D, IOL'A71�F1(S):�'t`;:ii:i....... NEWPORT BEACH MUNICIPAL CODE SECTION($) / DESCRIPTIONS OF VIOLATION(S) 1: MC 6.04.090, GARBAGE AND REFUSE CONTAINER 2: MC 10.50.020H, VIOLATION OF USE PERMIT GORREbT(O NISP. REOl11RED:i 1. ON JANUARY 26; 2011, THE.REFUSE CONTAINERS AT THE FACILITY DID NOT HAVE LIDS. 2. PLEASE MAKE SURE THAT THE REFUSE CONTAINERS HAVE LIDS ON THEM AT ALL TIMES. THANK YOU. ' THIS VIOLATION MUST. SE CORRECTED ON OR 81-FOR . If the violation Is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties; prosecution and /or civil Injunction may be utilized-to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTIONS) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 �ywN0 NOTICE OF VIOLATION s �+ CITY OF NEWPORT BEACH v a CODE & Water Quality Enforcement �I c��truw�% - - 3300 Newport Blvd. .y . Newport Beach; CA 92663 949. 6443215 Name of Owner or Business : MORNINGSIDE.RECOVERY :.G p. 3421 VIA OPORTO, STE 200 NEWPORT 13EACH,CA,92663 _,Number. Date: 12011 -0116 011311201'1 An Inspedlon of premises located at 4623 RIVER AVE NB in the City of Newport Beach, on 01/2612011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING i W'..91bLATI0NIS).We,' Off a I CY eReft9 i(}n i�? YduR;, rt 1�r7oi5;D ;r; ; ;u awp rtiifHnVe ,N it : ,. ;. ` y '• ;( �GORRECTEOORRP90LVEDt,.-. D, IOL'A71�F1(S):�'t`;:ii:i....... NEWPORT BEACH MUNICIPAL CODE SECTION($) / DESCRIPTIONS OF VIOLATION(S) 1: MC 6.04.090, GARBAGE AND REFUSE CONTAINER 2: MC 10.50.020H, VIOLATION OF USE PERMIT GORREbT(O NISP. REOl11RED:i 1. ON JANUARY 26; 2011, THE.REFUSE CONTAINERS AT THE FACILITY DID NOT HAVE LIDS. 2. PLEASE MAKE SURE THAT THE REFUSE CONTAINERS HAVE LIDS ON THEM AT ALL TIMES. THANK YOU. ' THIS VIOLATION MUST. SE CORRECTED ON OR 81-FOR . If the violation Is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties; prosecution and /or civil Injunction may be utilized-to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTIONS) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 o. ��'•Ih.'.�tK�S` 40TI;v1=-ot : NOTICE JUPA )LATION N „ - CITY. -OF NEWPORT BEACH v s CODE & Wator Qiialfty Enforcement rnN e' txris "r 3300, Newport Blvd. NewportBaadh,.CA 92.083 -' - 949. 644.3215 Number., 1266A188 Date: 11!7012010 Name of Owneror Business:,, . MORNINGSIDE RECOVERY, LLC 3421 O . VIA PORTO, SUITE -200 - NEWPORT BEACH „CA,92663 An inspection of premises located at- 4823.RIVER AVE NE11n.therCity, of Newport Beach, on 1110 5120 1 0 revealed a vielation(s).af the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING NEWPORT BEACH MUNICIPALCODE:SECTION(S)J DESCRIPTIONS -OF VIOLATION(S) 1: MC�10:50:020H, VIOLATION.OF USE.PERMIT GOR ECSIONIShREOt11REb-� 1..AS:REQUIRED.BY'CONDITION:NO. 7 OF ZONING AGREEMENT NO..DA2010401,. MORNINGSIDE RECOVERY WILLAOT'ALLOW CLIENTS, STAFF, OR RESIDENTS TO- LITTER CIGARETTE. BUTTS -ON THE'GROUND; FLOOR, DECK, SIDEWALK, GUTTER; BOARDWALK, OR STREET,. 2..PLEASE'REMOVE.ALL OF THE CIGARETTE BUTTS AND TRASH:FRQM THE CITY PLANTERS AT THE FRONT OF THE'PROPERTY. THE PLANTERS MUST BE`KEPTFREEOF CIGARETTE BUTTS AND-TRASH AT ALL TIMES. THANKS. THIS VIOLATION MUST BE CORRECTED” ON OR BEFOREO.r/— . if the violation is not corrected by the.date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100:00, $200:00; AND $500:00).each. day. Additional enforcement actions such as administrative abatement,, civil penalties, prosecution and/or civil injunction may be utilited to correct this Violation(s), .A REINSPECTION. WILL BE- MADE'.ON'OR AEFER THE CORRECTION DATE.. 'IF THE CQRRECTION(S)'15 NOT COMPLETED. AN ADMINISTRATIVE CITATION MAY BE ISSOED.AND.FEES'WILL BEGIN TO ACCRUE. PRINT NAMETF OFFICER SIGNATURE OF.OFFICER /17e7 —,`..0 5 �GTG� -t. Name of Owner or Business NOTICE O.F:VIOLATION CITY OF NEWPORT BEACH CODE.& Water quality Enforcement 3300 Newport Blvd. Newport Beach, CA 92663 949.644 -3215 MORNINGSIDE RECOVERY 3421 VIA OPORTO, SUITE #200 NEWPORT- BEACH,CA,92663 Number: Date: 12010.1172 ii/09/2010 An inspection of premises. located at 533 VIA LIDO SOUD NB in the City of Newport Beach, on 1110812010 revealed -a violation(s),of the Newport Beach Municipal code. J WARNING:ONLY j�j PREVIOUSLY ADVISED PEI FINAL WARNING Ft ) THIS yIOL , ION(S)pYyg5tgj31GINhLL7YzeRO GHTTA YOl)R AT�TENT(ON ON = ANp YOU NAVE:.NDT J -. CORREC1ED198�RES0LYL4f4 E VI01AT10N(S): NEWPORT BEACH MUNICIPAL CODE SECTION(S) /DESCRIPTIONS OF VIOLATION(S) 1: MC 10:50.020H, VIOLATION OF USE PERMIT C O R K EC T I O N (S'I' R EQ 0 I R E D 1. A$ REQUIRED BY CONDITION NO.7 OF ZONING AGREEMENT NO. DA2010 -001, NO CLIENTS, GUESTS, STAFF, OR ANY OTHER USERS OF 533. VIA, LIDO SCUD MAY SMOKE IN AN, AREA-FROM WHICH THE SECONDHAND•SMOKE MAY BE DETECTED ON ANY PARCEL OR PROPERTY OTHER THAN 533 VIA LIDO SOUD. 2. MORNINGSIDE RECOVERY SHALL MAKE GOOD FAITH BEST EFFORTS TO CONTAIN SECONDHAND'SMDKE GENERATED BY PATIENTS, CLIENTS, CUSTOMERS. AND /OR STAFF. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE- %is,siC Zfr�e . If the violation is not corrected by the date specified,.an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200:00, AND $500:00) each day, Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized'to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER i L /t 7 C C? rte/ i f SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS Or (DATE INSPECTED) OFFICER ID # 0309 44 Name of Owner:or Business: I!' CITY;OF NEWPORT BEACH CODE&`WaterQualitp Enfarcemont 3300.Nawport Blvd, NoWPort6aach, CA 92663 049. 644.3246 MOR NINGSI DE: RECOVERY 34104. VIA-LIDO "#A NEWPORT SEACHiCA;92663 Number., Date: 12010-1049 - 1 019 612 0 1 0' An inspection %of premises IDcated:at 4623 RIVER AVE NB in the 04 of Newport Beach, on 10/06/2090 revealed a violotion(s)of °the. Newport Beach Municipal code. WARNING ONLY PREVIOUSLY'ADVISED [ } FINAL WARNING x{j '>YRi�VIDEATioNtS) v�A�oRI�Ir Ai"��Y eabuQtl•>�axvuT�TE�JdN�i� ��3 �N�txoustlAVE,}�a�� NEWPORT BEACH MUNICIPAL. ODE SECTION(S)'/ DESCRIPTIONS OF VIOLATION($), 9:.MC'20:66.020; PARKING.AND LOADING REQUIRE 2: MC 20.66.040, RESIDENTIAL DISTRICT PARKING CORREGTdON{SrSRtO'11REBE C THE GARAGE MUST BE KEPT CLEAR AND ACCESS113LE FOR THE PARKING OF VEHICLES AT ALLTIMES. 2. PLEASE;REMOVE ALL ST.ORAGE.FROM'THE GARAGE AND-SCHEDULE .AN'INSPECTION TO VERIFY THATTHE'STORAGE HAS BEEN REMOVED. THANKS, THIS VIOLATION'MUST BE CORRECTED. ON OR BEFORE Ifthe violation:is not correctedby the date :specified, an ADMINISTRATIVE CITATION may be issued and penalties.will' begin to.accrue.($100.09, $200.00; AND. $500:00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct ibis violation(s). A UINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE'CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME:OF OFFICER. SiGlAATURE OF OFFICER VIOLATIONS) CLEARED AS-OF (DATE - INSPECTED)- .OFFICER ID* 0909 45 Name of Owner or Business < NOTI08- ,?F VIOLATION CITY-OF NEWPORT BEACH CODe &� Water Quality Enforcement 3300 Newport Blvd. Newport Beach, CA 92663 949644.3216 MOR N I NGSI DE. RECOVERY 3404VIA LIDO WA NEWPORT BEACH ;CA,92663 Number. Date: 12010 -1049 0/2212010. An inspection of premises located. at "4823'RIVER AVE NB in the: City of Newport Beach, on 1612212010 -revealed a viola(lon(s) ollhe-Newport "BeacMMunicipal code. . WARNING -ONLY jq�'; PREVIOUSLY ADVISED FINAL WARNING j 1T11SV1DLATION(S WAS ,DRIGINA�"t;BRaUGH+T7SY�;0UR"p, Etl.7(�QN Dt� �� - ANRaYOUtyAVE;NO'C - s'�' -'- ;CQFiREGTEClOR.RESOLVED`SHE -. -- NEWPORT BEACH WUNICIPAL CODE SECTION(S).1DESCRIPTIONS OF VIOLATIONS) 1i MC 20:66: 020; PARKING AND:LOADINGREQUIREMENTS 2: MC20.66.040, RESIDENTIAL DISTRICT PARKING C OR R EGfl ONlSIR EQUIR E P?= 1. THE GARAGE° MUST "BE " KEPT "CLEAR.AND. ACCESSIBLE FOR THE PARKING OF VEHICLES AT ALL TIMES.. 2. PLEASE REMOVE ALL STORAGE FROM THE GARAGE AND SCHEDULE AN:INSPECTION"TO VERIFY THATTHE'STORAGE HAS BEEN REMOVED. -THANK YOU THIS VIOLATION MUST BE CORRECTED ON OR BEFORE C) 2cl i. . If-the violation is not corrected:by the date specified, an.ADMINI5TRATIVE CITATION may issued and penalties will begin to accrue ($100:00, $200.00; AND $500:00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecufion and /.or civil. injunction may be utilized to correct this.violation(s). A REINSPECTION WILL BE MADE ON 0R AFTER' THE CORRECTION DATE, IF THE CORRECTION(S) Is NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE.ISSUED.AND FEES'WILLBEGIN TO ACCRUE. PRINT`NAME.OF OFFICER F/'ASSi 171`i'Lsn -e ca SIGNATURE OF,OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTiED) OFFICER ID-.# 0315 I g. N+OT(CE`C)V`V OLATION CITY-OF Nf 11ERORT BEACH CODER Water Quality Enforcement 3300 Newport Blvd, ' Newport-Beach, CA 92663 949.594 -3215 Number. 12010,1142: 'Date: 1110212010 Name of-Owner Business.: MORNINGSIDEREQOVERY, LLC -3421 VIA OPORTO, SUITE 200. NEWPORT BEACRCA,92663 An inspectiom.of premises located at .29 IMA LOA.CT NB in the City of Newport Beach, on 11/0212010 revealed a violation(s) -of =the Newport.Beach'Municlpal.code, WARNING ONLY jy] PREVIOUSLY ADVISED T FINAL WARNING] T�ISIVraL�,T�o�(e�` WAS. osI�lNAl��eRaucRr�TD7ot5Rr�NnoxD� ��` � - .ArioXnu)H9�t�Hcr'r NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) .1:. MC10A(I.020H, VIOLATION OF USE PERMIT C�RREG770N1S}'iRE4 IRED 1. CONDITION NO. .8 OF'ZONING AGREEMENT NO. DA2010 -001 REQUIRES THAT GARAGES AND OTHER PARKING SPACES. AT ALL MORNINGSIDE.RECOVERY FACILITIES BE KEPT - CLEAR, UNOBSTRUCTED,.AND.AVAILABLE FOR PARKING. 1 PLEASE'CLEAR THE GARAGEPARKING SPACES AND SCHEDULE AN INSPECTION TO VERIFY THAT THEGARAGE'IS A. CCESSIBLE.FOR PARKING. THIS VIOLATION MUST BE CORRECTED ON ORSEFORE 1JIM0 If the violation is not corrected by the.date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to- accrue ($100,00, $200:00; AND $500:00) each.day, Additional enforcement actions.such as administrative abatement, civil penalties, prosecution and/or civil injunction may be utilized to correct this violation(s), A REINSP.ECTION . WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION - MAYBE- ISSUED, AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER SIGNATURE'OF OFFICER VIOLATION(S )tQLEARED.AS;OF (DATE INSPECT-ED) OFFICER ID # 0309 330TNewport BIV& N ewpor'deach,- Ck.9Z683 ?.#444215 Number. E2010-1141. Date: 111021201 Name of Owner or,Business MORNINGSIDE RECOVERY, LLC 3421.`t+14.OpORTO, SUITE'200 NEWPORT'B EACH;CA;92663 An inspectidwof.Tremises "located at`102•VIA.ANTIBES:NB in1he Clty ofNev {pod`Beach,.on 11102120.1Prevea1ed.a vblafion(s) of.ibe Newpoit,8eadhI Mtlntcipal.code. WARNING ONLY PREVIOUSLYAD.VISED ] FINAL WARNING :NEV P ORT BEACH.MUNICIPALCODE:SECTION(S) / DESCRIPTIONS OF`YIOL'ATION(S) 1: MC 10.fto30H, V10tATIQN.OF US.E.PERMIT 1, CONDITIONNO. 8 "0F20NING'AGREEMENT't AND 2. PLEAS ECLEARIOUT ALL THREEGARAGEiP.ARKING SPACES AND SCHEDULEAN: I NSPECTION TO VERIFY THAT T:HE `GARAGES ARE ACCESSIBLE FOR- PARKING. THIS "VIOLATION'MUST BECORREC -ED ON OR BEFORE..1/ 4 If-.the violation is not-corrected by 7' the date specified, "an'ADMINISTRATIVE CITATION may be issued and-penalties will begin to accrue'(�100:00, $20D.00, AND $500 -00) each day. Additional enforcement actions such as:administfative abatement, civil penalties, prosecution- and/or zivjl injunction may be utilized to correct this violation(s). A REINSPECr10N WILL BE MADE ON :OR .AFTER THE CORRECTION DATE, IF THE .CdIRRECTION(S) IS NOT COMPLETED AN ADMINISTRA17VE CITATION: MAYBEiISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED:ASOF (DATE INSPECTED) OFFICER ID # 0309 SO-) 42 �r�tvrtlx a d w Pou Name ofQQner or Business MORNINGSIDE RECOVER.Y,.LLC 14i.1 VIA OPORTO, SUITE1,200. NEWPORT BEACM,CA,92663 An inspectionefpremises. located al S33 NIA LIDO SOUD:NS in the City o('Newport.13much, on,0A12112011 revealed a violallDn(s) of the Newport Beach Municipal -code. WARNING-ONLY [y. PREVIOUSLY ADVISED � FINAL WARNING \+ TR!gVIDt ai(( WAS©ac 6MXB OWKT�Q��- DftgrTENT�oTi 2ND aVE+o» ; '9t7T,i[_iEpT-Eti [it't.RE8Q4YkDs�EiF�'IOLA2IDN(j NEWPORT BEACHMUNICIPAL CODE SECTION(S) PRESCRIPTIONS OF VIOLATION(S) 1: MC 10.50:020H,'VIOLATION OF USE PERMIT G`O�i'2fECT�01�i3`Y1R±= t�lliRE� - IAT -1S -A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION.22502:(A) TO STOP OR PARKA VEHICLE MORE THAN18- INCHES AWKY FROM.A CURB, 2_AS:REQUIRED BY CONDITIONS OF EXHIBIT 1 TO ZONING AGREEMENT 2010.001, MORNINGSIIJF RECOVERY DRIVERS SHALL RESPECT ALL CITY RULES REGARDING' PARKING ANDIOR:STOPPING AND WAITING TO LOAD RESIDENTS, THIS VIOLAT1ON.MUST HE CORRECTED ON OR BEFORF,�l�t�i97C��j9%�',9, [tie violation -ismot corrected by the date specified, an :-ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($1000, $200.00, AND $500,00) each day. Addibonai enforcement actions such as administrative abatement, civil penalties prosecutionand(or_ civil injunction maybe utilized,to_ correct `this - violation (5). REINPQCTFON WILL BE, MADE ON DRAFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADf411NISTRATIVE CITATION MAY BE ISSUED•AND FEESWILL BEGIN TO ACCRUE. , PRfNT- NAAAE'OF' OFFICER "eys SIGNATUREOFOFFICER VIOLATION(S)ICLEARED AS'OF - `(DATE INSPECTED). OFFiCER'ID #: -0309 . NOME O -F VIOLATION. CITY Of NEWPORT BEACH Commun ity_DeveiopmentDepartrnent .Cbde- Enfb'rcemenf;DIvI§h: n '3300`Newport:Bivd: NovrparfBi §aah,.CA.92663 - 948 - 644.32"16 Number, 12011 -0492 D£ite: 0 511 31201 1 MORNINGSIDE RECOVER.Y,.LLC 14i.1 VIA OPORTO, SUITE1,200. NEWPORT BEACM,CA,92663 An inspectionefpremises. located al S33 NIA LIDO SOUD:NS in the City o('Newport.13much, on,0A12112011 revealed a violallDn(s) of the Newport Beach Municipal -code. WARNING-ONLY [y. PREVIOUSLY ADVISED � FINAL WARNING \+ TR!gVIDt ai(( WAS©ac 6MXB OWKT�Q��- DftgrTENT�oTi 2ND aVE+o» ; '9t7T,i[_iEpT-Eti [it't.RE8Q4YkDs�EiF�'IOLA2IDN(j NEWPORT BEACHMUNICIPAL CODE SECTION(S) PRESCRIPTIONS OF VIOLATION(S) 1: MC 10.50:020H,'VIOLATION OF USE PERMIT G`O�i'2fECT�01�i3`Y1R±= t�lliRE� - IAT -1S -A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION.22502:(A) TO STOP OR PARKA VEHICLE MORE THAN18- INCHES AWKY FROM.A CURB, 2_AS:REQUIRED BY CONDITIONS OF EXHIBIT 1 TO ZONING AGREEMENT 2010.001, MORNINGSIIJF RECOVERY DRIVERS SHALL RESPECT ALL CITY RULES REGARDING' PARKING ANDIOR:STOPPING AND WAITING TO LOAD RESIDENTS, THIS VIOLAT1ON.MUST HE CORRECTED ON OR BEFORF,�l�t�i97C��j9%�',9, [tie violation -ismot corrected by the date specified, an :-ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($1000, $200.00, AND $500,00) each day. Addibonai enforcement actions such as administrative abatement, civil penalties prosecutionand(or_ civil injunction maybe utilized,to_ correct `this - violation (5). REINPQCTFON WILL BE, MADE ON DRAFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADf411NISTRATIVE CITATION MAY BE ISSUED•AND FEESWILL BEGIN TO ACCRUE. , PRfNT- NAAAE'OF' OFFICER "eys SIGNATUREOFOFFICER VIOLATION(S)ICLEARED AS'OF - `(DATE INSPECTED). OFFiCER'ID #: -0309 . NOTICE OF VIOLATION CITY-OF NEWPORT BEACH CODE.&.Water Quality Enforcement 3300 Newport Blvd. Newport Beach, CA 62663 949 - 644.3215 Number:. 12010 -1338 Date: 7110212010 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC' 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 An inspection of promises located at 3404 VIA LIDO NB in the City of Newport Beach, on 10121l2010.reveoled a violation(;) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED j FINAL WARNING [Vi THIS !YIOL4jION(5)1yg8rORiGINALLY BROUGH770 YOt1RATTENT10N ON ANQ -YOU 1tAyE:NO'r _.�,�•.! CORRECTED OF2iRE-SOLYEdjSHE NEWPORT BEACH MUNICIPAL CODE SECTION(S) /DESCRIPTIONS OF VtOLATION(S) 4: MC 10.50,020H, VIOLATION OF USE PERMIT C.ORRtCTIOtJIS};REOUIRE& 1. CONDITION NO, 9OFZONING AGREEMENT 140. DA2010 -001 REQUIRES THAT THE LOADING AND UNLOADINGOFPASSENGERSSHALL OCCUR ONLY IN OPEN PARKING SPACES OR- GARAGE- SPACES AND PROHIBITS VAN DRIVERS FROM STOPPING OR PARKING IN A TRAFFIC LANE TO LOADIUNLOAD PASSENGERS. 2.. MORNINGSIDE RECOVERY VAN.DRIVERS MUST COMPLY WITH ALL CITY RULES REGARDING PARKING ANDIOR:STOPPING AND WAITING TO LOAD PASSENGERS. THIS VIOLATION. MUST BE CORRECTED ON OR BEFORE 111S110 If the violation is not.corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100:00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil Injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF {BATE INSPECTED) OFFICER IQ # 0309 �0 .. Who a . a F NOTICE,.O.F yi LAT }ON f j T CITY OFNEWPORT- BEACH Communl ty'Deyelodment:Department c Code Enforcement Division %300 "NowporABlvd. Newport:Beach CA 92883 949,044.3215 Nurnbac. 12019 -9383 . Date: 04120201 Name - NameofOwner•orBesiness MORNINGSIDE RECOVERY, LL'C 3421 VIA:OPOR•T.O,.STE V200 NEWPORT BEACH,CA,92983 An inspection of premises totaled at 4823 RIVER AVE NB fr. the City of Newpod'Beach,.on 041]4!2091 revemed.a violation(s) of the Novrpon Beach. Municipat.code, WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING [ Si�10�11�':j_�GSitWASlQfjIGIN tLj'�e8�� „HY�T50�+1'��R.A�(�s not�Cpy�x � �,;�N¢NEIA�NCT� -v NEWPORT BEACH:MLINICIPAL CODE:SECTfON(S) t DESCRIPTIONS -OF VIOLATION(S) - 1: MC 10.50.02UH, VIOLATION OF USE PERMIT OORiii *009 gi12ED 1, AS RSQUIRED BY CONDITIONNO, 9 (EXHIBIT 1) Or DEVELOPMENT AGREEMENT NO. 2010401, MORNINGSIDE RECOVERY STAFF AND DRIVERS SHALL RESPECT ALL.CITY RULES REGARDING PARKING ANDIOR.STOPPING AND WAITING TO LOAD RESIDENTS. 2_ IT IS A VIDLATION- OF 'CALIFORNIA VEHICLE CODE SECTION 22500(F) TO PARK OR LEAVE A VEHICLE WITH THE BODY OF THE VEHICLE BLOCKING OR.EXTENDING OVER ANY PORTION OF A.SIDEWALK. THANKS, THIS VIOLATION MUST BE CORRECTED ONOR:BEFOR£ Y4:” `GG L;, ^ a' i if the violation is not corrected by the date specified; anIADMINISTRATIVE CITATION.may be issued and penalties will begin to accrue'($ 100.00, $200100, AND $500(00) each clay. Addltional enforcement actions such as administTat'ive abatement, chili penalties, prosecution and'for.aivil: injunction may be utilized to correct tills.viofat)on(5). A REINSPECTION WILL BE MADE -ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) 15 NOT COMPLETED AN ADMINISTRATIVE CITATION MAY'BE ISSUED -AND FEES .WILL.BEGIN TO ACCRUE. PRINT NAME OF OFFICER />✓,`'r`• r �'�'`' ��`} r �'= "' SIGNATUREOF OFFIC.tR VIOLATiON(S) CLEARE. ASa3F IDATE INS. PECT.ED) - OF)= ICER'AD!1I 0309 Name - of- Owneror.Business : CITY'OF`NE` P_ORT'BEACIi CODE & 1Natopdvafiity Emf6roement _ "3300- Newport 'MO., Ne oKBaacfr, CA92003 849- G44.3216 MORNINGSIDE. RECOVERY 342f-VIA OPORTO,9200 NEWPORT BEACH ;43A,92003 Number. 12411-0009 Data: m70512011 An :inspection:of.pramf5esfocated at' -533 VlA.LIDO SOUD NS fn.,the City of Nawport.Boach;:on "1212612010 revealed a vlolat ion( s}• ofahe 'Newpori:Beach"Munlolpah.code, WAR�EING��Nl:Y PREY i00SLY ADV ISEE) MNA'L WARNING (y] �i 1[511] TI N�11(RI —G�II lilsL�Y BRO.QkTO' (AIIjiiAt4d306�r1�NAY70�!',0t3'B [fEm NEWPORT BEACH.MUNfCiPAL CODESECTION(S) I DESCRIPTIONS-OF MOLAT1ON(S) is lvtC'10;50 ;020H, VIOLATION OF USE.PERMfT - ORR 1:.A&REQUIRED.BY CONNTION N0'..9'(jF2ONING.AGREEiwENT ND..DA20h0 -001, M$R -VAN DRIVERS ;SHALL RESPECT ALL -CITY RULES'REGARONG'PARKING AND /OR S'kOPPING AND WAITING TO LOAD - RESIDENTS. ORIV €RS:MUST ENSURE-THAT ALL VEHICLES A- RE'.LEGALLY PARKa), 2. AS-REQUIRED BYCONDMON :NO:14 :.DF' ZONING 'AGREEMENT''NO. DA2010 -001,STAFF MEMBERS'W-THEIFi.Pf21VATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND:OTHER PAcKAGES.AND'GOODS TO THE FACILITY ouRtHG WEEIfo_AYS BETWEEN THENOUPS OF 9:00 A.% Mki:00 P:M, THANK'YOU. THIS VIOLATION MUST BE CORRECTED- ON- OR:BEFOR ff,the violation is'not corrected by the date specified, an.ADMINISTRATIVE CITATION'may be issued and penalties will 'begin to accrue ($100.00, $200;OPi SAND $500;00) aach.day. Additional enforcement actions such,.as administrative abatement, civil penalties, prosecution ancV /or 6VII ihjonction may be utilized to correctt this violatlon(s). A.REINSPECTION WILL BE MADE -ON 'OR -AFTER THE CORRECTION DATE. :IF THE CCIRRECTION(S)'15'NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUEUAND FEES WILL-BEGIN TO ACCRUE, PRINT'NAME'OF'OFFICER /Z�/�-'o %5;`%�:L�� c7 ' 9IGLIA'Et px—m—:OFFICER VLDL•ATIQN,(Sj,CLEABEO'AS;4F, .:PATE'INSRECTED)" OFEICER'9#;0309 ' Ngtvr+ok o� o NOTICE OF VIOLATION n CITY OF NEWPORT BEACH a CODE.& Water Quality Enforcement c�c�reM��r 3300 Newport Blvd. Newport Beach, CA 92663 949.6443215 Number: 2011 1 -0109. - Date: 01/3112011 Name of Owner or Business: MORNINGSIDE RECOVERY °a !! 3421 VIA OPORTO, STE 200 - NEWPORT BEACH,CA,92663 An Inspection of premises located at 533 VIA LIDO SOUD NS In the City of Newport Beach, on 01123120il revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED Nr FINAL WARNING BGUG. i •tY0[(Fi.'1lTfEN, Pfi�O ' `b4F:`.-- .�i`1" i71P1DI U "IiAVEIdOT �: �:':= _ ?•\ > tcbRnTe4ri�hesouv�p�oUff9e :e...... ,.P...,.•�N3`3; NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT C6RRECSION(SF'REaIRED1 1. AS REQUIRED BY CONDITION 12 OF EXHIBIT 1 TO ZONING AGREEMENT 2010 -0011, MORNINGSIDE RECOVERY SHALL ENFORCE THE QUIET HOURS OF 9700 P.IVL TO 8:01) A.M DAILY TO ITS PATIENTS, CLIENTS, AND CUSTOMERS OCCUPYING BEDS IN THIS FACILITY. QUIET MEANS NOISE, INCLUDING MUSIC, TELEVISION, AND VOICES, IS NOT AUDIBLE BEYOND THE PERIMETER OF THE FACILITY EXCEPT IN A DEMONSTRABLE EMERGENCY. 2.CONTINUED VIOLATIONS OF THIS CONDITION WILL RESULT IN FURTHER ENFORCEMENT ACTION INCLUDING ADMINISTRATIVE CITATIONS. Yt:r,Cl'�'llil THIS VIOLATION MUST BE CORRECTED ON OR BEFORE.T/%!/A 4 the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be Issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day.. Additional enforcement actions such as administrative abatement, civil penaltles, prosecution and /or civil Injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE., IF THE CORRECTIONS) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINTNAME OF OFFICER SIGNATURE OF OFFICER�� VIOLATION(S) CLEARED AS OF (DATE INSPECTED) . OFFICER ID # 0309 _,. Name-of OwnenorBuslness NOTICE OFVIOLATI:O.N "C ITY OF: NEWPO RT'BEACH ,CODE 8 VYatecQuallCy. Enforcement_ 3300 Newport;Blvd. .Newport Beachi CA 92663 94944 -32TS MORNINGSIDERECOVERY, LLC 3421 VIA'OPORTO, SUITE 200- N EW PORT.BEACH, CA,92663' Number: Date: 12010 -1.139 11/02/2010 An inspection.of:premisesJocaied at- 3404'VtA LIDO NB in the City ofNewport.Seach, on 10121(2010 revealed a. violation(s) of-the Newpon'6eaih Munlclpai-code: WARNING ONLY CCi PREVIOUSLY ADVISED j FINAL.WARWNG [X] �EII$'�fDLQ7�ON(Siq�IA�RIQINAti rii` OU13N, rTOk�pIJ'17ET(SIQNR1N�s. :*-- `°'�. —. #a1�C25,pY -0UHAVEFN�OJi � - -- - "CORBECTEDTOR NEWPORT BEACH- _MUNICIPAL CODE.SECTION(S)I DESCRIPTIONS OF AOLATION(S) 1,. MC 10,50:020H, :VIOLATION OF USE ".PERMIT CORR��;T.l ©NiS}EREQUIRED� ' 1.. CONDITION NO. 1$ OF ZONING AGREEMENT Na DA'20:10.00.1 REQUIRES THAT MORNINGSIDE RECOVERY ADHERE TO THE ROUTE PLANS IN EXHIBIT 5 OF .THE ZONING AGREEMENT FOR TRANSPORT OF ITS STAFF, RESIDENTS, CLIENTS, AND CUSTOMERS, 2. PLEASE:ENSURE THATALL MORNINGSIDE RECOVERY VAN'DRIVERS ADHERE T6 THE ROUTE PLANS IN: EXHIBIT 5: THiS'VIOLATION:MUST -SE CORRECTED ON OR BEFORE // /J /C If the vioiation.is.not corrected by the date specified, an ADMINISTRATIVE CITATION'.may be issued and penalties will begin.to.accrue ($100.00,. $200.00, AND $500;00) each day. Additional enforcement actions such as administrative abatement, civil penalties,, prosecution:.and {or civil injunction may be utilized to correct this.violation(s) A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) 15 NOT COMPLETED AN ADMINISTRATIVE CITATIOWMAY BE "ISSUED.AND FEES WILL BEGIN TO.ACCRUE. P.RINT:NAME *OF OFFICER /'7,67 — SIGNATURE OF OFFICER VIOLATION(S)--C. LEAREO.:AS OF (DATE INSPECTED) OFFICER ID.# 0309 _ Name of Owner or. Business N.OTiC' OF WoLATIont GITVOF NEWPORTEEACH CODE & -.1 OWrQuality --1 nfcraement 3306: Newport -Blvd. ' Newport8eacb,CA92663 _ 949.844 -3215 Number. 2011.0009 Date: - 01YO512011- MORNINC,SIDE. RECOVERY 342T VIkOPORTO #200 NEWPORT BEACH ;CA,92663 An inspection of pramrseslocated at 5i3—VI A.WDO:SOUD NB InAhe City of Newport Beach, on 12/26/2010 revealed a vlolationk of the Newport:Beach :Munlcloateode. WARNING ONLY PREVIOUSLY ADVISED] FINAL WARNING NEWPORT BEACH MUNICIPAL CODE:SECTION(S)1 DESCRIPTIONS OF VIOLATIONS) 1: MC:10:50;020H, VIOLATION OF USE-PERMIT LORRE�?F10NIS11REElUIRED 't. AS REQUIRED'BY.CONOITION"N0..9 OF "ZONING AGREEMENT NO..DA2040.001,.MSRVAN DRIVERSSHALL RESPECT :ALL:CITY RULES'REGAROING PARKING ANDIOR STOPPING AND 'WAITING TO'" "LOAD RESIDENTS. DRIVERS:MUST'ENSUMTHAT ALL VEHICLES ARE LEGALLY PARKED, 2:AS REQUIRED BYCONDITION:NQ. to OF ZONING' AGREEMENT NO. DA2010 =004, STAFF MEMBERS`IN "THEIRMRIVATE VEHICLES MAY DELIVER13USINESS P.ROOUCTSA'ND OTHER PACKAGESAND GOODS TOTHE FACILITY DURING WEEKDAYS :.BE.TWEEN THE'.HOURS OF 9:00 A.M. TO.5a70mP:M. THANK:YOU. THIS'VIOLATION MUST "BE CORRECTED ON OR:BEFOR E,� 9l If the violation Is not corrected by the date specified, an.ADMINISTRATiVE CITATION may be issued and penalties will begin to acerue ($100.00, $200.06;, AND $500:00) :each-clay. Additional enforcement actions such, as administrative abatement, civil penalties] prosecutibn.andV-or civil injunction may be utilized to correctthis violation(s).. A REINSPECTION WILL BE MADE ON -OR. -AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME-OF OFFICER" :SIG NATURE'OF :OFFICER Q4 YtvpQ �' . NOTICE OF V10.LATIO.N N . _ CLTY'OFNEINPORTBEACH CODE& Water Quality Enforcement 3300LNewpoWBI]vd. New0ort:Beach „CA.92963 949�, 216 Number. 120#04161 Date: 1110912010 Namo,oPOwneror Business-: MORNINGSIDE RECOVERY !` 3421 VIA OPORTO, SUITE 200 NEWPORT'BEACH;CA,92663 - An inspection of premises %localed.60404 VIA LIDO NB in the City of Nawport:Beach, om1110812010 revealed a viololiori(s) -of the.Newpod.Beach Municipal code. WARNING;ONLY ] PRE;V16USLY'ADVISED ] FINAL WARNING r-A .LTiilg'VtO'LA7lON(_9J WASaORIGi LLYERtG zYAFJRrATHYIOOtt`°” -°-- �'D.ND' 011TigVE h70T' -= z- ORREC, Ti+DtOR{�.,E50,L,1��D.aTHE=4!OL �:16N15 v:s �`•• ��� i NEWPORT BEACH MUNICIPAL CODE SECTION($) I DESCRIPTIONS OF VIOLATION(S) 1: MC 1:046:050, USE OF THE OFFICIAL SEAL . 11-NEWPORT BEACH MUNICIPAL CODE SECTION 1.16:050 PROHIBITS THE USE OF THE CITY SEAL WITHOUT THE EXPRESS CONSENT OF THE NEWPORT BEACH:CITY COUNCIL. 2. PLEASE REMOVE THE CITY SEAL FROM'MORNIN(3SIOE RECOVERY'S-WESSITE. 3. NOTIFY THE CITY'S CODE ENFORCEMENT'DI.VISION WHEN THE CITY SEAL HAS BEEN REMOVED: THANKS:. THIS VIOLATION MUST BE CORRECTED:ON OR BEFORE_;2rZ If the violation Is not corrected by the date:speci8ed, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.0D, $200,00.AND $500:00) each day. Additional enforcement actions such as administrative abatement; civil penalties, prosecution and /or ,civil injun0bn may be utilized to correct this violatidmis). A REINSPECTION WILL 'BE MADE AN OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE -CIYA7101i- MAYBE ISSUED AND FEES- WILLPEGIN'TOACCRUE. PRINT'NAME:OF OFFICER SIGNATURE10F'OFFICER:/�� /�� EXHIBIT 2 39 57 5g IN ht10 NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development .DODartmen Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949.644 -3215 Citation No: 12014.0353A - Date: 044 11 31201.1 Account No: 12011.0953 Name of Owner or Business: MORNINGSIDE RECOVERY - 3424VIA OPORTO, SUITE#200 . NEWPORT BEACH, CA 92GG3 An inspection of premises tocated.a( 4823 -RIVER AVE NS m the City of Newport Beach, on 001212011 fevenled a violations) -Of the.Newport Beach Municipal code. .THE NEXT LEVELtcitAT(ON t6'NoW P,ENniNG A,NPGYou,mAY-BE: -CITED EACH DAY.'j Y101.ATI0N'GQNTINUESiy� 1st Citation -S100 IS NOW DUE AND PAYABLE TO CITY.OF NEWPORT BEACH THIS VIOLATION(S),WAS ORIGINALLQ B' UGHT TO YOURATTENTION ON CORRECTED .ORRESOLVED,THEVIO,1AT10N(4)_, NEWPORT BCACH MUNICIPAL CODE SECTIONS) IDESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT C OR IRECT)ON (SY:REQU I RED 1. AS REOUIRED•BY CONDITION. NO. 7 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT NO. 2010.001, h1ORNINGSiDE RECOVERY WILL NOT ALLOW CLIENTS, RESIDENTS, OR STAFF TO LITTER CIGARETTE BUTTS ON THE GROUND, FLOOR, DECK, SIDEWALK, GUTTER, BOARDWALK, OR STREET. 2, PLEASE PICK UP ALL THE - CIGARETTE BUTTS IN THE CITY PLANTERS LOCATED AT 4823 RIVER AVE. 3, THE CITY PLANTERS -SHALL BE KEPT CLEAN AND FREE OF CIGARETTE BUTTS AT ALL TIMES. THANKS. RECEIPT ACKNOWLEDGED BY OR MAILED T ���r-�� DATE PRINT NAME OF OFFICER SIGNATURE OF OPFICER -VIOLATION(S) CLEARED ASLOF (DATE INSPECTED). OFFICER 10 tt 0309 9 yl5%15 NOTICE vF ADIV IN18TRATIVE GITA r ION I—,) C�zm�'' CITY Or NEWPORT BEACH - CODE & Water Quality Enforcemont 3300 Newport Blvd. Newport Beach, CA 92663 949. 644.3295 Citation No: 12011 -0138A Dale: 0210712011 Account No: 12011 -0138 Nance of Owner or Business: MORNINGSIDE RECOVERY, LLC- 3421. VIA OPORTO #200 NEWPORT BEACH, CA 92663 An irspeatfon -of premises located at 4923. RIVER AVE NB in the City of Newport Beach, on 0 210 412 011 revealed a violations) of the Newport Beach taimicipai:code. . 1st Citation -5100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THISOLATIDNjS)�WAS OL21G1,E7AL(:Y BRO�IGH ,,TZOYDUg�& ['CEjlJJONiO$I -_.,z '��ANDYOUHA�E NOT CORRCCTED ' NcAJPOP.T BEACH MUNICIPAL CODE SECTION(S) t DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT C OR Rift TLON (S)' R EQU I RE-&4 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500 (F) TO STOP, PARK, OR LEAVE UNATTENDED A VEHICLE ON ANY PORTION OF A SIDEWALK, 2. A$ REQUIRED.8Y CONDITION 9 OF EXHIBIT 1 TO ZONING AGREEMENT 2010001, MORNINGSIDE- RECOVERY VAN DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS, RECEIPT ACKNOWLEDGED BY OR MAILED TQ DATE � I PRINT NAME OF OFFICER SIGNATURE OF OFFICER ri VIOLATION(S) CLEARED AS OF _ (DATE INSPECTED) OFFICER ID 0309 �0 1e WI Ore, o� �ofi 4dnC. /t�f Hk� Name of Owner or Business NOTICE OE ADMINISTRATIVE CITATION CLTY OF NEWPOR7 BEACH CODE 8•Wator �uallty'Enforoement 3300 Newport Blvd. Newporf.Boach, CA 92663. 949- 644 -3215` MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO4200 NEWPORT BEACH, CA 92663 Citation No: 12011-0133A Date; 0210012011 Account No: 12011 =0133 An inspection of premises located at 533 VIA LIDO SOLID NB.in, the City of Newport Beach, on 01/3112011. revealed a violation(s) of the-Newport Beach Municipal code. 1st Citation - $100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THr9 vIn1ATIa�(s)�v7A§ o�tGi�TTA� 'aROUC��ro�YOURAfi�ENnoN c� �-"�r, Ati(n>xfsu`���,or;'�"�� " NEWPORT BEACH MUNICIPAL CODE SECTION(S) /'DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE-PERMIT GOaREC410NIS)tRE4U1RED=�S ' 1. IT IS.A VIOLATION. OF CALIFORNIA VEHICLE COMSECTION 22640 (A) TO -STOP, PARK, OR LEAVE UNATTENDED A VEHICLE. WITHIN AN INTERSECTION. 2. AS REQUIRED BY CONDITION 9 OF EXHIBIT 1 TO ZONING AGREEMENT 2010.001, MORNINGSIDE RECOVERY VAN DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. RECEIPT ACKNOWLEDGED BY OR PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATIONS) CLEARED AS OF 7Wo (DATEINSPECTED) OFFICER IDff 0309 t �y 15 it�if M� V r NOTICE OF ADMINISTRATIVE, CITATION CITY OF NEWPORT BEACH CotnmunttV Development Department Code .Eriforceinenl' Division 3300. Newport Blvd. Newport Beach, CA 02063 949.644.3216 - Ciiafion No: 12011.0418A Date: 0 412 1112 01 1 Account No: 12011.0410 Name of Ovmeror Business: MORNINGSIDE RECOVERY, LLC 3421. VIA OPORTO.9200 NEWPORT BEACH, CA 92503 An Inspection of premises located at 4823 RIVER AVE NS in the City of.Nevlporl Beach, on 0410412011 raveated a violalion(s)pfahe Newport Bearh.Municipal code. 2nd Citation -$200 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH COIR EIIOCTEDIO IS SOL;EDITHC'VtY*BR )UGH TO,YOURATiTENTION.ON -. AND YOU"HAVE NEWPORT BEACH MUNICIPAL CODE 9ECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50A20H, VIOLATION OF USE PERMIT CORREG'f IQ�4TS)iREQ(~11RED ?" 1. AS REQUIRED BY CONDITION NO. 9 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT NO. 2010001, MORNINGSIDE.RECOVERY STAFF AND DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND/OR STOPPING AND WAITING TO LOAD RESIDENTS, 2, IT 15 -A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION. 22500(F) TO PARK OR LEAVE A VEHICLE WITH THE BODY OF THE VEHICLE BLOCKING OR EXTENDING OVER ANY PORTION'OF A SIDEWALK. THANKS. RECEIPT ACKNOWLEDGED BY OR,MAILED TO PRINT MME OF OFFICER SIGNATURE OF OFFICER. VIOLATION(S) CLEARED AS OF (DATE INSPECTED) DATE OFFICER 10 6 -0309 An inspection of preml NOTICE OF ADMINISTRATIVE CITATION vlolallon(s) of the New CITY OF NEWPORT BEACH 1 Community Development Department ENFO(tCEMENT "ACTI0 Code Enforcement Division IONORE'fN15 CITATIO .... .' ..........: 3300 Newport Blvd. Newport Beach, CA 92663 949644.3215 Citation No:. 12011 -0502A Dale: 05/16/2011 Account No: 12011 -0502 Name of Owner or Bus ess : MORNINGSIDE RECOVERY, LLC . 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 An inspection of preml s located at 533 VIA LIDO SOUD NB in the City of Newport Beach, on 05/13121111 revealed a vlolallon(s) of the New rt Beach Municipal code, THE-N., ! LEVEL -Crr ON IS NOW PENDINGFANniyoU MAYIBE-CITED EACH DAY THE VIOLATION CONTINUES:; OTHER ENFO(tCEMENT "ACTI0 AND PENALTIES MAY?'ALSO,RESULT- IF-COMPLIANCE IS NOT_ACHIEVED OR IF Y.OU CONTINUE 0 IONORE'fN15 CITATIO .... .' ..........: 3rd Cltation -5500_ I IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH .THISjYf019***AAT1ON(S) W ORIGINALLY BROUGHT;TO YOUR ATTENTION ON -t AND YOU HAVE NOT CORRECTED OR RESO VED THE VIOLATION(8) NEWPORT BEACH ML NICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VI LATION OF USE PERMIT 1. AS REQUIRED BY PERATIONAL CONDITION N0. 12 OF EXHIBIT 1 OF ZONING AGREEMENT NO. 2010 -001, OPERA OR SHALL ENFORCE THE QUIET HOURS OF 9:00 P.M. TO 9:00 A.M. DAILY TO ITS PATIEN S, CLIENTS AND CUSTOMERS OCCUPYING BEDS IN ITS FACILITY. QUIET MEANS NOISE INCLUDING MUSIC, TELEVISIONS, AND VOICES, IS NOT AUDIBLE BEYOND THE PERIM ER OF THE FACILITY EXCEPT IN A DEMONSTRABLE EMERGENCY. CONVERSATIONS AN ACTIVITIES AT THE FACILITY SHOULD NOT BE AUDIBLE BEYOND THE PERIMETER OF THE F ACILITY DURING QUIET HOURS. RECEIPT ACKNOWLE )GED BY OR MAILED TO DATE / PRINT NAME OF OFF14R _ � " f -� - %'l _<'�� _ ___._ ... .__ SIGNATURE OF OFFI ER VIOLATION(S) CLEAR D AS OF _, -, (DATE INSPECTED) OFFICER 10 # 30 09 r %tF't)AT i Name of Owner or Business I i NOTICE OF ADMINISTRATIVE CITATION. CITY OF NEWPORT.SEACH Commurib Development Department Code Enforcement Division 3300. Newport Blvd. Newpott Beach, CA 92663 . 949 -641 -3215 MORNINGSIDE RECOVERY, :LLC 3421 VIA %.0PORTO, SUITE #200 - NEWPORT BEACH, CA 92663 Citation No: 120,11-0503A :Date: 05116/2011 Account -No: 12019:0503 An inspection of premi3es located at 10D.VIA.ANTIBES NS in the City of Newport Beach, on 05/19/2011 revealed -a violations) of the Newport -Beach Municipal code. 3rd Citation - =$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH NEWPORT BEACH_ MONICIPAL CODE. SECTION($) ( DESCRIPTIONS OF VIOLATION(S) 1: MC I0.50:020N, VIQLATION'OF-USERERMIT `L.AS REQUIRED.BY OPERATIONAL CONDITION NO. 12 OF EXHIBIT 1 OF`ZONING AGREEMENT N0.201C-001, OPERATOR SHALL. ENFORCE THE QUIET HOURS OF 9:00 R_ .M:'TO -*:00 A.M. DAILY TO ITS - PATIENrrS,CLIEN.TS ANQ-CUSTOMERS OCCUPYING BEDS IN ITS 'FACILITY, WISE, ISE,- INCLUOING.MUSIC, TELEVISIONS, AND VOICES,'IS.NOT AUDIBLE BEYOND THE PERIMETER OF THE AkCILITY.EXCEPT IN A DEMONSTRABLE EMERGENCY. 2. PLEASE REMIND A(_L,STAFF AND RESIDENTS OF 1DD -102 VIA ANTIBES AND 208 VIA LIDO SOLID THAT ALL:CONVERSATIONS AND ACTIVITIES AT THE FACILITY SHOULD NOT BE AUDIBLE BEYOND THE:PERIMETER OF THE:FACILITY DURING QUIET HOURS. RECEIPT ACKNOWLEDGED BY-OR MAILED TO DATE PRINT NAME OF OFFICER �!d"?•% [ %•S:'�'�.(j, '{ SIGNATURE OF OFFICER V(OLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 04 ivy, 0 Name of Owner An Inspection of pi violation(s) of the I THEN17C7' LEVEL. 3rd Citation - $500 ;THISWOLATION(S) CORRECTED OR RI NEWPORT BEACH 1: MC 10.60.020H, NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 - 644.3215 Cita(lon No: 12011.0501A Date: 05/16/2011 Account No: 12011.0501 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 s located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 0 511 312 01 1 revealed a A Beach Municipal code. ION IS NOW-PENDING'-AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUESI, :.OTHER AND PENALTIES_MAYi!tis0 RESULT IF COMPLIANCE IS NOT - ACHIEVED OR IF YOU CDNTINUE'Tt8 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH ORIGINALLY BROUGHTTO YOUR ATTENTION ON ' , AND YOU HAVE NOT 1HD THE V(OLATION(S)_. CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) OF USE PERMIT 1. AS REQUIRED BY 4PERATIONAL CONDITION NO. 14 OF EXHIBIT 1 OF ZONING AGREEMENT NO. 2010-001, STAFF PEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTH R PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 .M. TO 5:00 P.M. 2. ELIMINATE ANY FU THER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS RECEIPT ACKNOWLEDGED BY OR MAILED TO DATE 5r�7 // PRINT NAME OF OFF JER ER fI%%_GPJ.SYI._I /r�7� SIGNATURE OF OFFI //��.1— VIOLATION(S) AS OF (DATEINSPECTED) OFFICER ID# 0309 05 �Ft1''W . PUk�C NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH _Community Development Department Code Enforcement Division 3300 Newport Blvd.- - Newport Beach, CA 92663 949. 644.3215' - Citation No' 12011 -0409A Date: 04/2612011 Account Na: 12011.0409 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, 4200 NEWPORT BEACH, CA 92663 An inspection of premises located at 4823 RIVER AVE NB In the City of Newport Beach, on 0412212011 revealed a viclatlon(s) of the Newport Beach Municipal code. THE; NEXT LEVEL CITATION'IS SNOW. PENDING AND YOU MAY, BE CITED; EACH: DAY: THE - C,ONTINUES,.;OTHER, ,._.W. ENFORCEMENT ACTION'ANOtPENALTIES:MAY ALSO RESULT IF COMP.LWNCE�IS.NOT ACHIEVED'OR'IF.'YOU,COHTINOE'TO IGNORE THIS CITATION. a {:. _:;..:; •.::..:: - ... .. .'.,., 1st Citation -5100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATiON(S)WAS'ORIGINALLY BROUGHT,TO YOUR-ATTENtION ON%'`: °;ANDYOUHAVE NOT-," CORRECTED OR RESOLVED THEylOLA710N(S) ... _. ... _ _. - . `• .... NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: 20.40.090C LOCATION OF PARKING CORRECTION(St REQUIRED - 1. PARKING OF VEHICLES IS ALLOWED ONLY IN PERMANENT PARKING AREAS AND ON DRIVEWAYS LEADING TO ALLOWED PARKING AREAS. UNDER NO CIRCUMSTANCES SHALL LANDSCAPED AREAS OR HARDSCAPED AREAS IN FRONT YARDS, OTHER THAN DRIVEWAYS, BE USED FOR PARKING. RECEIPT ACKNOWLEDGED BY OR MAILED TO /.-., _ ✓✓ - DATE PRINT NAME OF OFFICER /Y),9TT r'F�S,Y %i/ . SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF _ (DATE INSPECTED) OFFICER ID # 0309 Newport Beach - Parking W- 137157276 Sun 02/06/2011 Pdnted 20120113:14 PM Uq@IIIIIIm1I911H CITATION w- 137157276 Tkm 06/a 16131 SUN 02/06/2011 Oftu Name ONKa m OTT 1362 Ao RD NDPD 16 Locam 9923 RIVER AVE Violation vwt: 22500F CVC PARKING ON SIDEWALK PENALTY: $53.00 TOTAL PENALTY: $53OD Vehicle Uk No. SMKK072 VIN 9030 pmt 4 ft mim N6 SNlo FORD VAN Remarks 5054 PHOTO TAKEN RADIO CALL ,7ao //- vt V-?- C O m L+3 O 0 M1 N h N .a M1 State Em m CA 06111 3 coax GREY 1— Newport Beach - Parking W- 137157275 Sun 02/06/2011 Printed 20/20113:14 PM 11V3110Elll®IIIIioll CT.ATION: W- 137157275 Thp Oat 16.30 SUN 02/06/2011 OIRW Name O.Rw 10 OTT 1362 AOMAY RD N6PD 16 4e23 RM AVE Violation vbu 2250OF CVC PARKW ON MUSNALK MALTY: 03AO TOTAL MALTY. $53.00 Vehicle .ke= Na AE2EOU VIN 9739 (ktt 4 61:1 MdW eadY Strk FORD 4DR Remarks sou PHOTO TARN Ln r- ru N h r Stet DD m MO 01/12 3 Coke OREN F� _ ISO - J 10 NOTICE OF ADMINISTRATIVE CITATION E _ Y CITY OF NEWPORT BEACH 'Community Development Department a, Code Enforcement Division �ccJron 3300 Newport Blvd. _ Newport Beach, CA 02663 949 -644 -3215 Citation No: 12011 :05388 Date: 0512712011 Account No: 12011-0538 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 .NEWPORT BEACH, CA 92663 An. inspection of premises located at 3421 VIA OPORTO NB in the City of Newport Beach, on 05/2712011 revealed a violation(s) of the Newport Beach Municipal code. THE':NEXT•4EVEL-CITATION,IS :NOW PENDINt3 ;AND,YOU.MAY BE CITED FACH'DAV THE_4(_OWION OON.TU{UES 07H ENFARCEMEtE'F�ACTION AND'PENALTIES MAY ALSO RESULT IF COMPLIANCE IS'aaOT ACFI�EVQD AR IF VOU't:0�]T.(NUzk_,f 1st Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH 74 IS;V10LA iQN(5 }WAS:ORIGIN)%LLYEROUGHTTO YOU ATTENTION;ON xVJD }f,(U.HAVE ND;[i ,,y.;,_ "CORRECTED OR RESOLVED THEVIOLAT(ON(S) .. NEWPORT BEACH MUNICIPAL CODE- SECTION(S) 7 DESCRIPTIONS OF VIOLATION(S) 1: MC 1,16.050 Use of the Official Seal CORRECTION(S) REQUIRED--' 1. NEWPORT BEACH MUNICIPAL CODE SECTION 1.16.050 PROHIBITS THE USE OF THE CITY SEAL WITHOUT THE EXPRESS CONSENT OF THE NEWPORT BEACH CITY COUNCIL. 2. PLEASE REMOVE THE CITY SEAL FROM MORNINGSIDE RECOVERY'S WEBSITE, 3. NOTIFY THE CITY'S CODE ENFORCEMENT DIVISION WHEN THE CITY SEAL HAS 13EEN REMOVED. RECEIPT ACKNOWLEDGED. BY OFD;, MAILED AILED TO _ DATE PRINT NAME OF OFFICER $IGNATURE OF OFFICER VIOLATIONtS) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 ,52 0-9 70 52 City Council Attachment B Zoning Agreement 71 5S 72 54 ORDINANCE NO. 2010-18t: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CITY COUNCIL APPROVING DEVELOPMENT AGREEMENT NO. 2010 -001 (ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND MORNINGSIDE RECOVERY, LLC) (PA2010 -069) WHEREAS, when adopting Ordinance No. 2008 -005 on January 22, 2008, the City Council of the City of . Newport Beach found that the City has a disproportionately -high number of licensed and unlicensed residential group uses serving the disabled recovering from drug or alcohol use; and WHEREAS, when adopting Ordinance No. 2008 -005, evidence was presented of increasing numbers of residential care facilities that do not house permanent residents and operate in a manner similar to boarding house or institutional uses rather than as single housekeeping units; and WHEREAS, when adopting Ordinance No. 2008 -005, evidence was presented that certain areas of the City, including West Newport and the Balboa Peninsula have significantly higher numbers of group residential uses than other parts of the City and other parts of the state, and that secondary impacts from group residential uses change the residential character of a neighborhood and are not beneficial to persons in recovery as they attempt to re- integrate their new sober lifestyle into typical society; and WHEREAS, the City has prohibited all other group residential uses that are not single housekeeping units from establishing in residential zones since 1997; and WHEREAS, the City recognizes and agrees that the federal Fair Housing Act and other state and federal laws provide that individuals recovering from drug and alcohol addiction are deemed disabled and are entitled to housing opportunities. As such, Ordinance 2008 -005 provides for applicants representing the disabled or the disabled themselves to apply for. reasonable accommodation from all or portions of the Ordinance to ensure that housing opportunities for the disabled continue to be provided in all residential areas of the Newport Beach community; and WHEREAS, the City desires to maintain zoning provisions benefiting disabled persons by allowing ,disabled persons to live in residential districts, while forbidding all other group residential uses in residential districts, but desires to ensure that the uses are consistent with the residential character of neighborhoods and do not recreate an institutional environment that would defeat the purpose of community-based care; and WHEREAS, to achieve these goals, on April 27, 2010, the City of Newport Beach entered into a Settlement and Release Agreement with Morningside Recovery, LLC, which would allow the operation of its residential care facilities with limitations on the total number of clients and controls on the operation and location of these facilities; and SCANNED � WHEREAS, Development Agreement No. DA2010 -001 consists of a Zoning Implementation and Public Benefit Agreement between the City of Newport Beach and Momingside Recovery, LLC; and WHEREAS, on June 3, 2010, the Planning Commission held a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. Pursuant to Section 15.45.050 of the Municipal Code, this meets the public notice ,requirements provided in Sections 65090 and 65091 of the California Government Code; and WHEREAS, the Planning Commission found that the Development Agreement is consistent with Chapter 15.45 of the Municipal Code and California Government Code Section 65865.2 and is consistent with the General Plan; and WHEREAS, consideration and adoption of the Development Agreement has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). This class of projects has been determined not to have a significant effect on the environment and is exempt from the provisions of CEQA. This activity is also covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and it is not subject to CEQA; and WHEREAS, The Development Agreement specifies the permitted uses of the property the density or intensity of use, and the duration of the agreement; and WHEREAS, the occupancy level limits, location requirements, and operational conditions contained in the Development Agreement will protect the public health, safety and welfare; and WHEREAS, the Development Agreement is consistent with the General Plan, as the operational conditions will minimize impacts to residential neighborhoods and the occupancy .level limits and dispersal requirements will assist in reducing the over - concentration of recovery homes and sober living homes in residential areas. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: The City Council here by adopts the recitals above as their findings in support of the passage of this ordinance. SECTION 2: Development Agreement No. 2010 -001 shall be adopted as provided in Exhibit "A ". 2 SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective on the 91St day after its adoption. SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 14th day of September, 2010, and adopted on the 28th day of September, 2010, by the following vote, to wit: AYES, COUNCILMEMBERS selihh, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None �. Bpi ►� /i ATT,�EnnST' n CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY avid R. Hunt, City A rney For the City of Newport Beach 3 75 77-0 152 X32_ (EXHIBIT A) ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT (Pursuant to California Government Code §§ 65864 = 65869.5) This Zoning Implementation and Public Benefit Agreement (the "ZONING AGREEMENT ".) is entered into on CM►3Ef- 2', 2010, by and between the CITY OF NEWPORT BEACH, a charter city ( "CITY ") on the one hand, and MORNINGSIDE RECOVERY, LLC, ( "MORNINGSIDE ") on the other. The CITY and MORNINGSIDE are collectively referred to as the "PARTIES." I. Recitals A. The City Council hereby finds this ZONING AGREEMENT is consistent with the provisions of California Government Code §65867, the City of Newport Beach Municipal Code Chapter 15.45, and the City's General Plan. B. On June 3, 2010, the City's Planning Commission held a public hearing on this ZONING AGREEMENT, made findings and determinations with respect to this ZONING AGREEMENT, and recommended to the City Council that the City Council approve this ZONING AGREEMENT. C. On September 14, 2010, the City Council also held a public hearing on this ZONING AGREEMENT and considered the Planning Commission's recommendations and testimony and information submitted by City staff, MORNINGSIDE, and members of the public. On September 28, 2010, pursuant to applicable state law (California Government-Code §§ 65864- 65869.5) and local law (City of Newport Beach Municipal Code Chapter 15.45), the City Council passed its Ordinance No. 9-710 -10 finding this ZONING AGREEMENT to be consistent with -the -City of Newport Beach General Plan and approving this ZONING AGREEMENT. II. Definitions The following terms when used in this ZONING AGREEMENT shall have the meanings set forth below: A. "BLOCK" shall mean an area that is bounded on all sides by streets. In the Peninsula Zone, a BLOCK length is 617 feet, which is the calculable median block length within the City of Newport Beach's Nonstandard Subdivision Areas. B. "CITY" shall mean the City of Newport Beach and its City Council. [L09- 0011] — Zoning Agreement- Mornings /de 10.09:02 Final -aaANOM C. "CLIENT" (or "CLIENTS ") shall mean any persons residing at any MORNINGSIDE FACILITY for the purpose of recovering from drug and /or alcohol abuse. D. "CLIENT BEDS" shall mean physical accommodations in each Facility where Clients sleep or otherwise overnight. E. "CONTROL" (including the terms "controlling," "controlled by," and "under common control with, ") shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. F. "FACILITY" (or "FACILITIES ") is a residential unit used or occupied by persons in recovery from alcoholism and /or drug abuse. Facilities may be "licensed facilities' or unlicensed "sober living homes." As used in this AGREEMENT, all facilities constitute "residential care facility" uses within the context of the City's zoning ordinance. G. "GENERAL PLAN" shall mean the 2006 General Plan adopted by the City Council on July 25, 2006, by Resolution No. 2006 -76 as periodically amended. The Land Use Plan of the Land Use Element of the General Plan was approved by Newport Beach voters in a general election on November 7, 2006. H. "LICENSED FACILITIES" shall mean alcoholism and drug abuse recovery facilities licensed by the California Department of Alcohol and Drug Programs ( "ADP "). I. "PARTY" or "PARTIES" shall mean either the CITY or MORNINGSIDE or any of MORNINGSIDE's affiliates or both, as determined by the context. J. "PROPERTY" or "PROPERTIES" shall mean MORNINGSIDE's facilities at 4823 A River Avenue and 4823 B River Avenue; 112 B 39�h Street; 5015 A River Avenue and 5015 B River Avenue until September 30, 2010; 100 Via Antibes, 102 Via Antibes and 208 Via Lido Soud beginning September 1, 2010; and 29 Ima Loa Court in Newport Beach. Additionally, this ZONING AGREEMENT shall apply to parcels not yet identified upon which MORNINGSIDE may operate facilities within CITY in the future. K. "SOBER LIVING HOMES" shall mean alcoholism and /or drug abuse recovery facilities that are not licensed by the ADP. L. "7- and - OVER" shall mean any FACILITY licensed by the ADP to house more than 7 persons in recovery for drug and /or alcohol abuse. Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement (1.09- 00111- Zoning Agreement - Momingslde - 10.09.02 Final K 72 III. Agreement A. Terms of Agreement. This ZONING AGREEMENT allows MORNINGSIDE a vested right to the following: 1.) MORNINGSIDE may operate FACILITIES with up to thirty -six (36) CLIENTS and thirty -six (36) CLIENT BEDS in Newport Beach pursuant to certain operational guidelines described more particularly in Exhibit 1 attached hereto. Except as described in Section A (3), below, MORNINGSIDE may not exceed 36 CLIENTS and 36 CLIENT BEDS in Newport Beach. 2.) MORNINGSIDE may house up to 30 of its 36 total CLIENTS and have up to 30 of its CLIENT BEDS in the Newport Beach "Peninsula Zone." The Peninsula Zone is more particularly defined in Exhibit 2 attached hereto; 3.) MORNINGSIDE can exceed its 36 CLIENT and 36 CLIENT BED maximum only by acquiring 7- and -OVER FACILITIES that have obtained use permits under Chapter 20.91A of the Newport Beach Municipal Code. 4.) MORNINGSIDE shall conduct its operations in Newport Beach in conformance with the Operational Conditions attached hereto as Exhibit 1. 5.) MORNINGSIDE will comply with the following dispersal and distancing requirements for its FACILITIES in Newport Beach: a. Only one (1) treatment home or sober living facility (licensed or unlicensed by ADP) is allowed per BLOCK, and no FACILITIES facing each other; b. No FACILITIES (licensed or unlicensed by ADP) within 1,000 feet of public elementary schools or large, state - licensed day -care facilities. B. Significant Public Benefits. The significant public benefits that this .ZONING AGREEMENT provides include, but are not limited to, the following: 1.) Settlement and avoidance of litigation costs, including the continued expenditure of attorneys' fees; Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement [L09- 0011 ] - Zoning Agreement - Morningside- 10.09.02Fina1 .3 1) Preservation of the regulatory ordinance that was the subject matter of this lawsuit; 3.) Avoidance of potential federal administrative proceedings; 4.) A reduction and limitation on the size of a residential care operation in Newport Beach, including a limitation on LICENSED FACILITIES; 5.) Dispersal of LICENSED FACILITIES and SOBER LIVING HOMES to reduce the concentration thereof in the City's residential districts; 6.) The placement of operational controls on said FACILITIES to reduce the perceived negative impacts on the City's residential neighborhoods; C. General Plan Consistency and Zoning Implementation. This ZONING AGREEMENT and the regulations applied herein to MORNINGSIDE will cause the City of Newport Beach's zoning and other land use regulations to remain consistent with the GENERAL PLAN. D. Warranties and Representations. Both PARTIES represent they have legal authority to enter into this ZONING AGREEMENT and the remainder of the agreements and documents that comprise the settlement documents herein, and. that the necessary authorizations have been obtained, by resolution or other action, and that the persons whose names appear as signatories below were authorized to accept this ZONING AGREEMENT on behalf of the PARTY under whose name they signed. 1.) Each PARTY specifically represents and warrants that it has the legal authority to enter into a ZONING AGREEMENT of the type and kind herein, and, 2.) The City of Newport Beach represents and warrants that this ZONING AGREEMENT and the regulations applied to PROPERTY are: a. Consistent with the GENERAL PLAN for the City of Newport Beach and any Specific Plans that apply to the area in which any portion of MORNINGSIDE's PROPERTIES are. located, and; Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement IL09- 0011 %— Zoning Agreement - Morningslde — 10.09.02 Final M 02 M b. Consistent with the Local Coastal Land Use Plan ( "CLUP ") for the City of Newport Beach and that the CLUP has been approved by the California Coastal Commission. E. Operation of Property, Applicable Regulations. Other than as expressly set forth in this ZONING AGREEMENT, the terms and conditions concerning the operation of the PROPERTIES, including but not limited to the permitted uses, density, intensity of use, and the location of buildings involved, shall be those set forth in the City of Newport Beach's ordinances and regulations. The City of Newport Beach shall not prevent operation of the PROPERTIES in compliance with the applicable regulations and all other applicable laws and regulations in Section I, below. F. Vested Rights. During the term of this ZONING AGREEMENT, except to the extent the City of Newport Beach reserves its discretion as expressly set forth in this ZONING AGREEMENT or in the applicable regulations and all other applicable laws and regulations specified in Section I, MORNINGSIDE shall have the vested right, within the limits and constraints of the applicable regulations, to conduct operations of LICENSED FACILITIES and SOBER LIVING HOMES at its PROPERTIES. In the event Ordinance 2008 -5 is repealed by action of the City Council of the City of Newport Beach or the electorate, or if a court of competent jurisdiction declares the Ordinance invalid or unenforceable, this ZONING AGREEMENT shall remain in full force and effect. G. Police Power. In all respects' not provided for in this ZONING AGREEMENT, the City of Newport Beach shall retain full rights to exercise its police power to regulate the operation of residential care facilities on the PROPERTIES provided such powers are applied consistently with the provisions of state law and the terms of this ZONING AGREEMENT. H. No Conflicting Enactments. During the term of this ZONING AGREEMENT the City of Newport Beach shall not apply to the PROPERTIES any City- adopted ordinance, policy, rule, regulation, or other measure relating to operation of the FACILITIES to the extent it conflicts with this ZONING AGREEMENT. I. Reservations of Authority. Regardless of any provisions set forth in this ZONING AGREEMENT to the contrary, the laws, rules, regulations, and official policies set forth herein shall apply to and govern operations at the PROPERTIES below in this section: 1.) Procedural Regulations. Then current procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement (L09- 0011 ]- Zontng Agreement - Morningside - 10.09.02 Final os g- appeals, and any other matter of procedure shall apply to the PROPERTY, provided that they are adopted and applied Citywide. 2.) Consistent City Regulations. Newport Beach City ordinances, resolutions, regulations, and official policies governing development and building that do not conflict with the ZONING AGREEMENT, or where MORNINGSIDE has consented in writing to the regulations, application to the PROPERTIES. 3.). Public Health and Safety. Any Newport Beach City ordinance, regulation, rule, program, or official policy of general application that is necessary to protect persons on the PROPERTIES or in the immediate community from conditions dangerous to their health or safety. The City of Newport Beach may unilaterally enact any ordinance, regulation, rule, program, or official policy of general application necessary to protect persons from conditions dangerous to their health of safety. J. No Agency. Neither PARTY is acting as the agent of the other in any respect. Each PARTY is an independent contracting entity with respect to the terms, covenants, and conditions contained in this ZONING AGREEMENT. This ZONING AGREEMENT forms no partnership, joint venture, or other association of any kind. The only relationship between the PARTIES is that of a government entity regulating the operation of private property by the owner or lessee of the property. K. Effective Date. This ZONING AGREEMENT shall not become effective, and except as set forth in subsection (1) of this Section, neither PARTY shall have any rights or obligations hereunder, until the "Effective Date." 1.) This ZONING AGREEMENT shall become effective on: a. The 91s` day following the City Council of the City of Newport Beach's passage of the ordinance approving this ZONING AGREEMENT, or b. If a referendum or other elective challenge to the ordinance approving this ZONING AGREEMENT qualifies for the ballot, then on the 31st day after the City Clerk of the City of Newport Beach certifies that the referendum or other elective challenge has failed to pass, or Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement [L09- 00111 - Zoning Agreement - Morningside — 10.09.02 Final 6 22 C. If litigation is initiated to challenge this ZONING AGREEMENT prior to the Effective Date established in accordance with Section K (1) (a), and (b), above, then on the 31 st day after the litigation has terminated, or the time for appeal has expired, and the legal challenge has been unsuccessful. 2.) The term of this ZONING AGREEMENT shall commence on the Effective Date and shall expire at the conclusion of the 25th year thereafter. However in no event shall the term of this ZONING AGREEMENT exceed thirty (30) years after its execution. 3.) Stay of Ordinance 2008 -5 Pending Effective Date. Prior to the effective date of the ordinance adopting this ZONING AGREEMENT, or that date upon which it becomes clear that there will be no Effective Date; whichever is later, the CITY shall not otherwise enforce the provisions of Ordinance 2008 -5 against MORNINGSIDE. L. Amendment or Cancellation of the Zoning Agreement. Other than modifications of this ZONING AGREEMENT under section I subsection (3) of this ZONING AGREEMENT, this ZONING AGREEMENT may be amended or cancelled in whole or in part only by mutual written and executed consent of the PARTIES in compliance with California Government Code section 65868, and City of Newport Beach Municipal Code section 15.45.070. M. Enforcement. Unless amended or cancelled as provided in Section L, above, or modified or suspended pursuant to California Government Code section 65869.5, this ZONING AGREEMENT is enforceable by either PARTY despite any change in any applicable GENERAL PLAN or Specific Plan, zoning, subdivision, or building regulation, or other applicable ordinance or regulation adopted by the City (including by the City's electorate), that purports to apply to any or all of the .PROPERTIES. N. Periodic Review of Compliance.. CITY and MORNINGSIDE shall each comply in good faith with the terms of this ZONING AGREEMENT. The PARTIES shall review this ZONING AGREEMENT at least once every 12 months from the Effective Date for good faith compliance with its terms, consistent with Government Code sections 65865 and 65865.1 and City of Newport Beach Municipal Code section 15.45.080. At the reviews, MORNINGSIDE shall document the current status of its operations. MORNINGSIDE also agrees to furnish such evidence of good faith compliance with this ZONING AGREEMENT as the CITY may require in the reasonable exercise of its discretion, and after reasonable notice to Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement [L09- 0011] - Zoning Agreement - Morningside - 10.09.02 Final VI 015 RS MORNINGSIDE. On or before March 31st, June 30`h• September 30th and December 31st of each year during the term of this ZONING AGREEMENT, MORNINGSIDE shall submit a Compliance Review Report, whose template is attached hereto as Exhibit 3. The requirement of good faith compliance shall be met upon the submittal to the CITY of an accurate Compliance Review Report, signed by a principal of MORNINGSIDE certifying personally and on MORNINGSIDE's behalf, demonstrating MORNINGSIDE's compliance with operating conditions, facility locations and the number of CLIENTS and CLIENT BEDS at each MORNINGSIDE FACILITY. The CITY, shall have the right to audit the accuracy of the Compliance Review Report through on -site inspections of MORNINGSIDE's FACILITIES, including its administrative headquarters, upon reasonable notice to MORNINGSIDE and following the Inspection Protocol as shown in Exhibit 4. O. Events of Default and Remedies. 1.) Default by Morningside. Morningside's compliance with the terms of this Agreement is subject to the following enforcement provisions: a. For Violations of the Operational Conditions: The City may, at its sole discretion, follow its Administrative Citation process (Newport Beach Municipal Code Chapter 1.05) to remedy violations of the Operational Conditions until such time as the City Council, at a noticed public hearing, deems that Morningside is unable or unwilling to remedy the violations and comply with the terms of this ZONING AGREEMENT. At that point, subdivision (b) of this section applies. b. Pursuant to California Government Code section 65865.1, if the CITY determines that MORNINGSIDE has not complied in good faith with its obligations pursuant to this ZONING AGREEMENT, the CITY shall by written notice to MORNINGSIDE specify the manner in which MORNINGSIDE has failed to comply and state the steps MORNINGSIDE must take to bring itself into compliance. If MORNINGSIDE does not commence. efforts to achieve compliance within thirty (30) days after receipt of written notice from the CITY specifying the manner in which MORNINGSIDE has failed to comply and diligently pursue steps that achieve full compliance, then MORNINGSIDE shall be deemed to be in default under the terms of this ZONING AGREEMENT. The CITY may then seek available Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement [09-00111 -Zoning Agreement - Morningside — 10.09.02 final 0 00 g4 remedies as provided in Government Code section 65865.1, subsections (3) and (4), below, and section G above. 2.) Default by City. If the CITY has not complied with any of its obligations and limitations under this ZONING AGREEMENT, MORNINGSIDE shall by written notice to the CITY specify the manner in which the CITY has failed to comply and state the steps necessary for the CITY to bring itself into compliance. If the CITY does not commence efforts to achieve compliance within thirty (30) days after receipt of the written notice from MORNINGSIDE specifying the manner in which the CITY has failed to comply and diligently pursue steps that achieve full compliance, then the CITY shall be deemed to be in default under the terms of this ZONING AGREEMENT. MORNINGSIDE may then seek specific performance or similar equitable remedy as provided in subsection (3) of Section 0, below. 3.) Specific Performance and Remedies. The PARTIES acknowledge that remedies at law are generally inadequate and that specific performance is appropriate for the enforcement of this ZONING AGREEMENT. Except as otherwise expressly provided in this section, the remedy of specific performance or, in the alternative, a writ of mandate, shall be the sole and exclusive remedy available to either PARTY in the event of the default, or alleged default, by the other. 4.) Recovery of Legal Expenses by Prevailing Party in Any Action. In any judicial proceeding between the PARTIES that seeks to enforce the provisions of this ZONING AGREEMENT, the prevailing party shall recover all of its actual and reasonable . costs and expenses. These costs and expenses shall include expert witness fees, attorneys' fees, and costs of investigation and preparation before the initiation of the action. The right to recover these costs and expenses shall accrue upon initiation of the action.. P. Cooperation. Each PARTY covenants to take all reasonable actions ,and execute all documents that may be necessary to achieve the purposes and objectives of this ZONING AGREEMENT. Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement (1.09- 0011] — Zoning Agreement - Morningslde— 10.09.02 Ftnal 9 g� Q. Force Maieure. Neither PARTY shall be deemed to be in default where failure or delay in performance of any of its obligations under this ZONING AGREEMENT is caused, through no fault of the PARTY whose performance is prevented or delayed, by floods, earthquakes, other acts of God, fires, war, riots or other hostilities, strikes or other labor hostilities, state or federal regulations, or court actions. R. Third Party Legal Challenge. If a third party brings a legal action challenging the validity or enforceability of any provision of this ZONING AGREEMENT or the applicable regulations or the manner in which the ordinance approving this ZONING AGREEMENT was processed and approved, including the application of the California Environmental Quality Act ( "CEQA ") to that process, the PARTIES shall defend the third party challenge jointly, and each party shall be responsible for its legal expenses incurred in connection with the challenge, except that either or both parties may seek recovery of all legal expenses from the third party challenger. S. Estoppel Certificate. At any time, either PARTY may deliver written notice to the other PARTY that the PARTY certify in writing that, to the best of its knowledge: 1.) This ZONING AGREEMENT is in full force and effect and is binding on the PARTY; 2.) This ZONING AGREEMENT has not been amended or modified either orally or in writing. If this ZONING AGREEMENT has been amended, the PARTY providing the certification shall identify the amendments; and, 3.) The requesting PARTY is not in default in the performance of its obligations under this ZONING AGREEMENT. If the requesting PARTY is in default, the other PARTY must describe the nature of the default. The certifying PARTY shall execute and forward the certificate within sixty (60) days following receipt of notice. Any assignee of a PARTY's rights and obligations hereunder, as referred to in this Section, shall be entitled to rely on the certificate. T. Further Actions and Instruments. Each PARTY shall cooperate with and provide reasonable assistance to the other PARTY to the extent consistent with and necessary to implement this ZONING AGREEMENT. Upon the request of a PARTY at any time, the other PARTY shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record the required instruments and writings and take any actions as may be reasonably necessary to Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement [1.09 -0011] - Zoning Agreement - Morningside - 10.09.02 Final 10 02 20 implement this ZONING AGREEMENT or to evidence or consummate the transactions contemplated by this ZONING AGREEMENT. U. Notices. Any notice or demand that shall be required or permitted by law or any provision of this ZONING AGREEMENT shall be in writing. If the notice or demand will be served upon a PARTY, it shall be personally served to the PARTY; deposited in the U.S. Mail, certified, return receipt requested, and postage prepaid; or delivered by a reliable courier service that provides a receipt showing date and time of delivery with courier charges prepaid. The notice or demand shall be addressed as follows: To City: City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663 -3884 Attn: City Manager Fax: 949 - 644 -3020 With a copy to: City Attorney City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663 -3884 To Operator: Morningside Recovery, LLC 3404 A Via Lido Newport Beach, California 92663 (949) 675 -0006 With a copy to: Mary Helen Beatificato Beatificato & Associates, APC 28562 Oso Parkway, Ste. D -42 Rancho Santa Margarita, California 92688 Either PARTY may change the address stated in this Section by notice to the other PARTY in the manner provided in this Section, and notices shall be addressed and submitted to the new address. Notice shall be deemed to be delivered upon the earlier of: (a) the date received; or (b) three business days after deposit in the mail as provided above. Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement (L09- 00111 — Zoning Agreement - Morningaide = 10.09.02 Final 11 �9 g� V. Rules of Construction and Miscellaneous Terms. 1.) Rules of Construction. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; "may" is permissive. 2.) Time is of the essence. Time is of the essence regarding each provision of this ZONING AGREEMENT in which time is an element. 3.) . Waiver. Failure by a PARTY to insist upon the strict performance of any of the provisions of this ZONING AGREEMENT by the other PARTY, and failure by a PARTY to exercise its rights upon a default by the other PARTY, shall not constitute a waiver of that PARTY's right to demand strict compliance by the other PARTY in the future. 4.) Counterparts. This ZONING AGREEMENT may be executed in two or more counterparts, each of which shall be identical and may be introduced in evidence or used for any other purpose without any other counterpart, but all of which shall together constitute one and the same ZONING AGREEMENT. 5.) Entire Agreement. Except for the Settlement Agreement, this ZONING AGREEMENT constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, between the PARTIES with respect to the subject matter addressed in this ZONING AGREEMENT. 6.) Construction. This ZONING AGREEMENT has been drafted after extensive negotiation and revision. Both the CITY and MORNINGSIDE are sophisticated parties who were represented by independent counsel throughout these negotiations. The CITY and MORNINGSIDE each agree and acknowledge that the terms of this ZONING AGREEMENT are fair and reasonable, taking into account their respective purposes, terms, and conditions. This ZONING AGREEMENT shall therefore be construed as a whole consistent with its fair meaning, and no principle or presumption of contract construction or interpretation shall be used to construe the whole or any part of this ZONING AGREEMENT, in favor of, or against, either PARTY. Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement (L09- 00111 — Zoning Agreement - Morn/ngstde — 10.09.02 Final 12 jD 22 7.) No Third Party Beneficiaries. The only parties to this ZONING AGREEMENT are the CITY and MORNINGSIDE. This ZONING AGREEMENT does not involve any third party beneficiaries, and it is not intended and shall not be construed to benefit, or to be enforceable by any other person or entity. 8.) Applicable Law. and Venue, This ZONING AGREEMENT shall be construed and enforced consistent with the internal laws of the State of California. Any action arising under this ZONING AGREEMENT or brought by any PARTY for the purpose of enforcing, construing, or determining the validity of any provision of this ZONING AGREEMENT shall be filed and tried in the Superior Court of the County of Orange, State of California, or the United States District Court for the Central District of California. The PARTIES waive all provisions of law providing for the removal or change of venue to any other court. 9.) Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect construction or interpretation of this ZONING AGREEMENT. 10.) Authority to Execute. The persons executing this ZONING AGREEMENT warrant and represent that they have the authority to execute this ZONING AGREEMENT on behalf of the entity for which they are executing this ZONING AGREEMENT. They further warrant and represent that they have the authority to bind their respective PARTIES to the performance of its obligations under the ZONING AGREEMENT. The agreement of the parties to the terms and conditions of this Zoning Agreement is evidenced by the signatures below. "CITY ": "MORN INGSIDE ": CITY OF NEWPORT BEACH MORNINGSIDE.RECOVERY, LLC By: ti�" " By: s Keith D. Curry David Gates Title: Mayor of Newport Beach Title: Chief Operating Officer Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement [L09 -0011 ] - Zoning Agreement - Morningside — 10.09.02 Final 13 MORNINGSIDE RE VERY, LLC By: C ndace Title: Chief Executive Officer APPROVED AS TO FORM: APPROVED AS TO FORM: B ' < - By: ' David R. Hunt Mary Helen' Beatificato Title: City Attorney Title: Counsel for Morningside City of Newport Beach Recovery, LLC ATTEST- By: f trYl%1 Leilani Brown Title: City Clerk City of Newport Beach [End of Document and Signatures] Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement - (1.09 -0091 j - Zoning Agreement - Momingside — 10.09.02 Final .14 9a 72 74 92 Exhibit 1 to Zoning Agreement City of Newport Beach Morningside Recovery, LLC EXHIBIT 1 OPERATIONAL CONDITIONS for MORNINGSIDE RECOVERY, LLC 1. Occupancy Level. The operator of Morningside Recovery, LLC, hereinafter referred to as "Operator," is limited to a total of thirty -six (36) Clients and thirty six (36) Client Beds in the City of Newport Beach, and shall limit occupancy of its current facilities to the following: a. 4823 A River Avenue — 6 Client and Client Bed maximum b. 4823 B River Avenue — 6 Client and Client Bed maximum c. 5015 A River Avenue — 6 Client and Client Bed maximum through September 30, 2010 only d. 5015 B River Avenue — 6 Client and Client Bed maximum through September 30, 2010 only e. 112 B 39`h Street — 6 Client and Client Bed maximum f. 29 Ima Loa Court — 6 Client and Client Bed maximum g. 100 Via Antibes, 102 Via Antibes, and 208 Via Lido Soud — 12 Client and Client Bed maximum, beginning September 1, 2010 The above occupancy levels reflect a maximum of thirty -six (36) Clients and Client Beds citywide, with a maximum of thirty (30) Clients and Client Beds in the Peninsula Zone. The Client counts are exclusive of one staff member who also may reside at each facility. Morningside agrees to manage its Client populations during September 2010 so that its Client count and Client Bed count do not exceed thirty (30) within the Peninsula Zone. The boundaries of the Peninsula Zone are more particularly defined and depicted in Exhibit 2 of the corresponding Zoning Agreement. Operator may move Clients from the above properties into other properties but must maintain the 30 Client and. Client Bed cap in the Peninsula Zone and 36 total Client and Client Bed cap citywide, provided that Operator maintains the dispersion standards in Section III A, subsections 5 (a) & (b) of the Zoning Agreement. 2. Staffing. Operator shall have enough staff to appropriately and responsibly manage each facility; including at least one qualified manager on =site or on -call at all times (24 hours a day, seven days each week). (1.09-00111 Zoning Agreement — Momingside — Exhibit 1 10.08,04 11287.000711204428v3. doo Exhibit 1 to Zoning Agreement City of Newport Beach Morningside Recovery, LLC 3. Governmental Referrals. Operator shall comply with the restrictions imposed by Newport Beach Municipal Code Section 20.05.030 which limits the number of parolees - probationers per residence with the additional limitation that Operator shall not house any client (1) who is required to register as a sex offender pursuant to Penal Code Sections 290, et seq.; or (2) who is required to register as a criminal street gang member pursuant to Penal Code Sections 186.30 et seq.; or (3) whose housing or other costs of treatment are paid for by the state in a funded Proposition 36 program. 4. Assembly Uses. Assembly uses are prohibited in these facilities, except those that are limited solely to Client residents of the facility and facility staff (and in some cases small meetings of a Client's family members with facility staff). 5. Medical Waste. Any and all medical waste generated through the operation of the facility shall be disposed of in accordance with the City of Newport Beach's Municipal Code, all other laws and best industry standards and practices. 6. Trash and Trash Enclosures. Operator shall comply with City code. provisions pertaining to trash enclosures, and if directed by the Planning Director, shall secure and maintain commercial bin service at the subject properties. Operator shall provide a sufficient number of plastic trash cans with sealable covers to contain all of the refuse generated by the facility, which are to be used at all times. Trash cans shall be put out for pick up no earlier than 7:00 p.m. and before 8:00 p.m. on the evening before trash collection day, and shall be put back within the property by 6:00 p.m. on the day of collection. Smoking and Tobacco Products. Per NBMC Section 20.91A.050(A), no Clients, guests, or any other users of the subject property may smoke in an area from which the secondhand smoke may be detected on any parcel other than the parcel upon which the use is located. Operator shall make good faith best efforts to contain secondhand smoke generated by patients, Clients, customers, and staff within the lot line of the subject property. In addition, Operator will not allow Clients, staff, or residents to litter cigarette butts on the ground, floor, deck, sidewalk, gutter, boardwalk or street. Operator's administrators and managers shall actively enforce, on the City's behalf, the City's prohibition tobacco use on beaches, boardwalks, and piers (NBMC §11.08.080). This includes any meetings Morningside's Clients participate in "off- site." 8. Parking. Operator shall keep garages and other parking spaces at its facilities clear, unobstructed and available for parking for staff, and visiting family members' vehicles, cleaning persons' vehicles, and client transport vans at all times. Clients to the facility are not permitted to have personal vehicles at the facility. IL09 -00111 Zoning Agreement - Morningside - Exhibit 1 10.09.02 .1 12 8 7- 00 0 711204 42 8v3.doe Exhibit 1 to Zoning Agreement City of Newport Beach Morningside Recovery, LLC Client Transport. Operator shall ensure that loading and unloading of passengers of the facility's transportation van shall occur only in open parking spaces or garage spaces. The van driver is prohibited from stopping or double - parking in a traffic lane to load and unload passengers. In addition, client drivers shall respect all City rules regarding parking and /or stopping and waiting to load residents. Client transport vehicles shall not block adjacent alleys or street ends. Client drivers shall not leave vehicles in reverse gear if reverse has an audible back -up warning sound. Client drivers shall. speak to residents at a level protective of neighborhood peace, cognizant of the hour, to avoid waking neighbors. 10. Profanity and Lewd Behavior. Operator shall not tolerate lewd behavior, lewd speech, or profanity at the subject property. Profanity at a level audible to neighboring residents may result in an administrative citation issued by the City upon the property owner and operator or other enforcement action authorized under the Zoning Agreement. 11. Noise. Operator shall strictly adhere to the City's noise standards (NBMC §10.26.025; 10.26.030). Operator shall be responsible for minimizing clapping, stomping, or other noises at meetings or gatherings at the subject property, consistent with NBMC §10.26.030. 12. Quiet Hours. Operator shall enforce the Quiet Hours of 9:00 p.m. to 8:00 a.m. daily to its patients, Clients and customers occupying beds in its facility. Quiet means noise, including music, television, and voices, is not audible beyond the perimeter of the facility except in a demonstrable emergency. 13. Route Plans. Operator shall adhere to the Route Plans for transport of its staff, residents, clients, and customers. The Route Plans for all Morningside facilities are attached hereto as Exhibit 5. Short -term interruptions, such as medical emergencies or street maintenance beyond Operator's control; are allowable modifications to the Route Plans. 14. Deliveries. Staff members in their private vehicles may deliver business products and other packages and goods to the facility during weekdays between the hours of 9:00 a.m. to 5:00 p.m. 15. Hotline. Operator shall establish, provide public notice of, and operate a hotline for receiving inquiries and /or complaints in reference to its operation of its facility. The phone number need not be staffed 24 hours a day seven days a week, but callers should be responded to within the next 24 -hour period. Alternatively, the Operator shall provide area residents and the City with a contact name, phone number, and e-mail address that is available 24 hours a day, seven days each Week. This contact shall be available to assist residents and the City with any problems or concerns arising from the facility. E -mails or messages left for the [L09 -0011] Zoning Agreement — Morntngside— Exhibit 110.0902 11287- 0007\1204428v3.doc - - 5 Exhibit 1 to Zoning Agreement City of Newport Beach Morningside Recovery, LLC Operator's designated contact shall be returned promptly within a 24 -hour period from receipt. 16. Stakeholder Group. Upon invitation by the City, Operator shall participate in the activities of any stakeholder committee or group established by the City to address complaints and concerns of residents of the City regarding the operation of Residential Care Facilities in the City. 17. Persons per Bedroom. Operator shall not allow more than two clients in one bedroom unless the size of the structure warrants a larger occupancy for any single bedroom. 18. Building and Zoning. Operator recognizes that each of its facilities have specific setbacks from the side yards, front yard, and /or back yards per the City's Building and Zoning Codes. Operator will keep these setbacks clear of obstruction, including building obstruction. The orderly storage of trashcans is acceptable in setbacks. 19. Facility Nuisances. The subject properties shall not be unsafe, unsightly or poorly maintained. If Operator receives notice of a nuisance violation from the City in regards to any of these issues, Operator shall correct the violation within seven calendar days. 20. Beaches and Other Common Gathering Areas. Operator's use of the beaches for meetings, prayer, conversation, or other gatherings shall show due respect to non - resident visitors, residents, and other beachgoers, thus allowing them to take full enjoyment of the beach. Operator shall not conduct business on the beach (per NBMC §10.08.030). 21. Services to Facility's Clients or Residents. Operator will use industry's best practices to ensure that the facility's clients or residents stay in recovery (including scheduled substance testing, random substance testing, and required counseling). 22. Federal, State and Local Laws. Operator shall comply with all federal, state, and local laws. The issuance of this use permit shall not constitute a waiver of the requirements of any federal, state or local law, including the requirements of the California Building Code. 23. Affidavit of Disability. The Operator shall execute an affidavit declaring that all clients receiving services from this facility are disabled persons, as that term is defined by federal and state fair housing laws. (L09 -00111 Zoning Agreement — Morningside — Exhibit 1 10.09.02 11287- 0007\ 12044280.doc ,a4 Q 20 92 Exhibit 2 Depiction and Description of "Peninsula Zone" Depiction of Peninsula Zone: The lands within the yellow boundary as shown below. Description of Peninsula Zone: Starting at the mouth of the Santa Ana River: • The land area southerly of the Newport and Seminouk Sloughs known as Newport Shores, and • The land coastward of Pacific Coast Highway to Newport Boulevard known as Balboa Coves, West Newport Beach, Lido Sands, and Newport Island; and • The land southerly of a line extending along the Federal Navigational Channel between Newport Boulevard and the Newport Harbor Jetty, known as the Balboa Peninsula, Lido Peninsula, Lido Isle, Bay Island, and Cannery Village; and Southward on Newport Boulevard about 50 feet to Lower Newport Bay; and • All lands southerly of Lower Newport Bay between Newport Boulevard down the Federal Navigational Channel within the Lower Bay, inclusive of Lido Isle and Bay Island and inclusive of the Balboa Peninsula. [L 10 -0011) 10, 16.14 Morningslde —Zoning Agreement Exhibit 2 (Peninsula Zone) loo 22 R � - ),^ 5: y i ;. f E ' - y �O� �� 102 24 Exhibit 3 Morningside Recovery Quarterly Compliance Review Report Date Report Submitted: This form covers the 3 -month period of through During the above period, Morningside Recovery managed or controlled the following facilities in Newport Beach: Note: In the above chart, "Clients" are subject to the same numerical restrictions as "Client Beds" in the Zoning Agreement. In other words, if Morningside is authorized to house six Clients in a particular facility, then it is limited to an equal number of Client Beds in that facility. The Morningside Staff Member to join the City in any inspection of the above facilities shall be: (e -mail: , phone #: ) By my signature below I certify and declare under the penalty of perjury , under the laws of the State of California, in my personal capacity and on behalf of Morningside Recovery, LLC that Morningside Recovery has met all Operational Conditions as [109 -001I]-Zoning Agreement - Morningslde - Exh. 3 - Quarterty Compliance Report- 10 -08 -04 Mornin e Recovery Facilities Date of Report: September 30, 2010 - Location Peninsula Zone? Peninsula Clients & Client Beds Off - Peninsula Clients & Client Beds ADP Licensed? 1. 4823 River Avenue - A Y 6 N ' 2. 4823 River Avenue - B Y 6 N 3. 100 Via Antibes Y 4 N 4. 102 Via Antibes Y 4 N 5. 208 Via Lido Soud Y 4 N 6. 112 B 39th Street Y 6 Y 7. 29 Ima Loa Court N 6 N Total: 30 6 Note: In the above chart, "Clients" are subject to the same numerical restrictions as "Client Beds" in the Zoning Agreement. In other words, if Morningside is authorized to house six Clients in a particular facility, then it is limited to an equal number of Client Beds in that facility. The Morningside Staff Member to join the City in any inspection of the above facilities shall be: (e -mail: , phone #: ) By my signature below I certify and declare under the penalty of perjury , under the laws of the State of California, in my personal capacity and on behalf of Morningside Recovery, LLC that Morningside Recovery has met all Operational Conditions as [109 -001I]-Zoning Agreement - Morningslde - Exh. 3 - Quarterty Compliance Report- 10 -08 -04 Exhibit 3 Morningside Recovery Quarterly Compliance Review Report described in Exhibit 1 to the Zoning Agreement during the above Compliance Review Period. DATE [Name], [Title] MORNINGSIDE RECOVERY, LLC TE [Name], [Title] ff 0g- 0011) - Zoning agreement — Morningslde — Exh. 3— Quarterly Compliance Report — 10 -0844 _ 100 22 Exhibit 4 Inspection Protocol The following protocol reflects the CITY's compliance review under Section N (Periodic Review of Compliance) of the Zoning Agreement between Morningside Recovery and the City of Newport Beach. 1. On or before March 31, June 30, September 30 and December 31 of each year, Morningside shall submit to the City's code enforcement division ( "CED ") the Compliance Review Report ( "Report") shown in Exhibit 3 to the Zoning Agreement. At the same time, Morningside shall also submit the name, phone number, and e-mail of the Morningside staff member that Morningside designates to join any inspection ( "Morningside Staff Member "). 2, On a quarterly basis, CED shall submit the list of Morningside facilities to the Police Department for verification that no persons known to have been referred to Morningside by the government (such as parolees) in violation of the Zoning Agreement live at any of the facilities. On a quarterly basis, CED shall select up to two (2) facilities on the list to verify the Client count and Client Bed count through an onsite inspection during a weekday. CED and Morningside shall endeavor to schedule this inspection at a time when Clients are present. 4. CED shall notify the Morningside Staff Member by e -mail and telephone of the time of the inspection and which facilities will be inspected. Such notification will occur a reasonable amount of time prior to the inspection, generally four (4) but not less than two (2) hours prior to inspection. 5. While inspecting each facility, CED staff shall not obtain Client names nor take photos of Clients and shall be respectful at all times of Client privacy. CED staff shall count Clients or Client Beds and verify that the Client and Client Bed Count at each facility match those on the report submitted by Morningside. 6. An inspection report shall be made for each facility. 7. All inspection reports shall be submitted to the Planning Department for inclusion in the City's annual review of Morningside's compliance with the Zoning Agreement. 1109- 001111016 -14 Morningside - Zoning AgreementExhiblt 4 )inspection Protocol) log 90 3 '� ti'. ��� 92 110 92 Exhibit 5 Client Transport Routes 112 94 NOTES: 1 — Within the boundaries of the above chart, Morningside's Client Transport Routes are limited the following streets, except during emergencies or if approved routes are closed: • Balboa Boulevard • Newport Boulevard • Superior Ave • 3211d Street • 391h Street, Seashore between 39th and 38th, and 38th Street • Ticonderoga • River Avenue (only between 51st Street and Balboa Boulevard — not the section of River Ave between 45th and 32 "d Street) • Via Lido, Via Antibes, Via Lido Soud, Via Lido Nord • Coast Highway 2 — The General Rule for Morningside's Client Transport vans shall be that Morningside shall use major thoroughfares (Newport Boulevard and Balboa Boulevard) whenever possible, avoiding narrow neighborhood streets such as River Avenue between 45th and 32nd Street). 4 — The City and Morningside shall work cooperatively to amend these routes whenever Morningside moves a facility. UI N N W 114 90 City Council Attachment C Correspondence and NOV's issued to Morningside 11 -2 -10 97 11,5 110 92 CITY OF NEWPORT BEACH PLANNING DEPARTMENT November 2, 2010 Morningside Recovery, LLC 3421 Via Oporto, Suite 200 Newport Beach, CA 92663 Dear Ms. Bruce, Thank you for allowing the City to inspect your facilities today. Based upon the City's investigation, it has been-determined that Morningside Recovery, LLC ( "MSR ") is in violation of certain operating conditions required by Zoning Agreement ( "ZA") No. DA2010 -001. The City would appreciate your prompt cooperation and attention to remedy these violations. Enclosed, you will find five Notices of Violations pertaining to violations of the Operational Conditions in the ZA. The Violations noted above were based upon the following conditions and observations by City staff: Condition No. 1- Occupancy Level. MSR is limited to a.total of 30 Client Beds in the Peninsula Zone and 36 Client Beds in the City. Staff determined that there are 33 Clients Beds in the Peninsula Zone and 39 Client Beds in the City. Please reduce your Client Bed count to be in compliance with the above requirements. Condition No. 8- Parking. Garages and other parking spaces at MSR facilities must be kept clear, unobstructed and available for parking. Staff determined that the garage parking spaces at 100 -102 Via Antibes were not accessible for parking. Staff found that one garage space at 29 ]me Loa Court was partially obstructed. Please remove all storage from the above mentioned garages so that they can be utilized for parking at all times. Condition No. 9- MSR must ensure that loading and unloading of passengers shall occur only in open parking spaces or garage spaces. Van drivers are prohibited from stopping or double parking in a traffic lane to load and unload passengers. City Staff observed vans parked in a traffic lane and/or parked within a red curb (Fire Lane) zone for the purpose of loading passengers on multiple occasions. Please ensure MSR van drivers only allow loading and unloading of passengers in open parking spaces or garage spaces. Condition No, 13- MSR shall adhere to the Route Plans for transport of its staff, residents, clients, and customers. The Route Plans for all MSR facilities are found in Exhibit 5 of the ZA. Staff observed MSR vans utilizing a route not approved in the Route Plans in Exhibit 5. Specifically, MSR, vans were observed utilizing Via Oporto to pick up and transport clients. Please ensure MSR van drivers adhere to the Route Plans for the transportation and pick up of clients. '1300 ; hTiorl C3oulevard , Post Office i3'iix 1968 - Newport Beach, Califoinia 92658 -8915 TtAf- phonc: (949) 644 -3200 • Fax: (949) 644 -3229 • wstc� .citp.neevport- be:as.i ?.ra.us X17 99 In addition to the above mentioned violations, the City has received complaints regarding certain activities and conditions at the MSR facility located at 533 Via Lido Soud, which if found to be true would not be in compliance with the Operational Conditions found in Exhibit 1. At this time, the City Is not making any determinations regarding the complaints. The City is merely bringing these complaints to your attention and seeking your cooperation in addressing the following issues: 1. Second Smoke- Condition No. 7 of the ZA prohibits smoking in an area from which secondhand smoke may be detected on any parcel other than parcel upon which the use is Iocated..MSR shall make good faith best efforts to contain secondhand smoke within the lot.line of:the subject property. 2. Client Transport- Condition No: 9 requires that the loading and unloading of passengers shall only occur in a garage or open parking spaces. MSR shall not load/ unload passengers in the street or block other property owners' driveways when loading /unloading passengers. 3. Quiet Hours- Condition No. 12 establishes quiet hours from 9:00 p.m. to 8:00 a.m. MSR shall strictly enforce the quiet hours by ensuring that all noise from client activities and conversations are not audible beyond the perimeter of the facility. Please be advised that the City's Planning Department is currently undertaking a review to determine if MSR's use of the premises at 3404 Via Lido is in compliance with the City's Zoning Code. To this end, we would request that you schedule an appointment with the City's Acting Planning Director James Campbell to further discuss the use of the property. Mr. Campbell can be reached at (949)644.3200. In an effort to verify that all of the above mentioned violations have been corrected, an inspection of all MSR facilities must be made no later than Friday, November 5, 2010. The City sincerely appreciates MSR's cooperation in resolving these issues and correcting the violations. The City intends to continue working together with MSR to fully implement the ZA. To discuss this letter or to arrange for your inspection appointment, you should contact Matt Cosylion between the hours of 8:00 to 9:00 a.m. or 4:00 to 5:00 p.m. at (949) 644 -3217. Sincerely, ,/;; Matt Cosylion Senior Code Enforcement Officer cc: Dave Kiff, City Manager David Hunt, City Attorney James Campbell, Acting Planning Director 100 i -g Name of Owner or Business.: NOTICE OF VIOLATION CITY OF NEWPORT BEACH.` CODE & Water Quality Enfo' ement 3300 Newport Blvd.. Newport Beach, CA 9266 * 3. 949 - 644.3215 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT 13EACH,CA,92663 Number: Date: 12010 -1138 1110212010 An inspection of premises located at 3404'VIA LIDO NB in the City of Newport Beach, on 1 012112 01 0 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY I -I PREVIOUSLY ADVISED I FINAL WARNING [Yi ' �' HISVt O). ATIGN ($ }1NASORIfiINALCyY,B�OUGNT TO'j�Ol�.f�AT�ENjION ON�`�t�tJO YOU Hf,�YE�CT � tCORRECTEO QRiRES�LVEOT�lE �OL?silON�$J Sxrs� ;�z w3' 7"` _ '• " � - NEWPORT BEACH MUNICIPAL CODE SECTION(S)1 DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CO L2RECTI60IS1 iREQ UI R`ECF 1; CONDITION NO, 9 OF ZONING. AGREEMENT NO. DA2010.001.REQUIRES THAT THE LOADING AND UNLOADING OF PASSENGERS SHALL OCCURONLY IN OPEN PARKING SPACES OR GARAGE SPACES AND PROHIBITS VAN DRIVERS FROM STOPPING OR PARKING IN A TRAFFIC LANE TO LOAD /UNLOAD PASSENGERS. 2, MORNINGSIDE RECOVERY VAN DRIVERS MUST COMPLY WITH ALL CITY RULES REGARDING PARKING ANDIOR STOPPING AND WAITING TO LOAD PASSENGERS, THIS VIOLATION MUST BE CORRECTED ON OR BEFORE 1115110 If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER+ rr��YG ffJ�/ SIGNATURE OF OFFICER �'✓",;fr'� ` "'r VIOLATION($) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 lij J NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE'& -Water Quality Enforcement 3300 Newport Blvd. .Newport Beach; CA 92663 949- 6443215 Number: 12010 -1139 Date: 11/02/2010 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 An inspection of premises located at 3404 VIA LIDO NB In the City of Newport Beach, on 10/21/2010 revealed a violations) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED t FINAL WARNING b{) TA1S�+L�`i.pGT(ON,(S��W�.(}.�` O�IGt�LY�9Rf�,UGHT�Oa 0', I�ATTENT(tQN bN -, �Ai� YOU }LAVE NOT ' NEWPORT BLEACH MUNICIPAL CODE SECTION($) / DESCRIPTIONS OF VIOLATION(S) 4: MC 10.50.020H, VIOLATION OF USE PERMIT C6RRECf15N—(S)IRE0UI RE D 1. CONDITION NO. 13 OF ZONING AGREEMENT NO. DA201"01 REQUIRES THAT MORNINGSIDE RECOVERY ADHERE TO THE ROUTE PLANS IN EXHIBIT 5OF.THE.ZONING AGREEMENT FOR TRANSPORT OF ITS STAFF, RESIDENTS, CLIENTS, AND CUSTOMERS. 2, PLEASE ENSURE THAT ALL MORNINGSIDE RECOVERY VAN DRIVERS ADHERE TO THE ROUTE PLANS IN EXHIBITS. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE 111 S JO . If the violation is not corrected by the date specified, an ADMI N ISTRATIVE. CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties; prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER /J/07— (V -S 4-ry a.j SIGNATURE OF OFFICER z' ,-- VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 12.0 102 Name of Owner or Business 3300 Newport Blvd. Newpor(beac ,:0A92663 949 - 6443215 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 Number: Date: 12010 -1140 11/0212010 An Inspection of premises located at 3421 VIA OPORTO NB in the City of Newport Beach, on 1110212010 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY [y(] PREVIOUSLY ADVISED [ ) FINAL WARNING j] a' HISi�% 11` OLATIQN( S) M( AA5QRIG {NALLY�EFjbUGt)TF'GO�YO.UR ATT�'F)ON ON s AND3YDiJ HAVEIJOT -.;,� �, NEWPORTBEACH- MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATIONS) 1: MC10.60.026H, VIOLATION OF USE PERMIT 1. CONDITION NO.1 OF ZONING AGREEMENT NO. DA2010.001 LIMITS THE NUMBER OF CLIENT BEDS TO 301N THE PENINSULA ZONE AND A MAXIMUM OF 36 CLIENT BEDS IN THE CITY OF NEWPORT BEACH. 2. PLEASE REDUCE THE CLIENT BED COUNT TO BE IN COMPLIANCE WITH THE REQUIREMENTS IN CONDITION NO. 1. THIS VIOLATION MUSTME CORRECTED ON OR BEFORE 11115,110 . if the violation is not corrected by the date specified,-an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A- REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 121 103 OS d H ;7 .ct Name of Owner or Business NOTICE OF VIOLATION CITY OF NEWPORT BEACH; CODE & Water Quallty Enforcement 3300. Newport Blvd. Newport Beach, CA 92663 949- 644 -3215 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 Number: Date: 12010.1141 11/0212010 An inspection of premises located at 102 VIA ANTIBES NB in the City of Newport Beach, on 11/0212010 revealed a violation(s) of the Newport Beach :Municipal code. WARNING ONLY PREVIOUSLY ADVISED j FINAL WARNING IM THIS.V101,4Y10N(5} VlfljS OfjIGINALLY 6t?D[,�GHTiO�Y04fR ATTENTI(1N ON '��' : `.� ; AND YOUIHAVENOF � x COr.2fZECTED Oi��RE50 _LVE_O,�RE,VIOLATION(S),�; ed�'ts�ii � -u.. ..., ...", ir, ,m ,4�ti=' ..�;� mt .. �. +•.mss 1�:i: NEWPORT BEACH MUNICIPAL CODE SECTION(S) ! DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT C6RRE67101N f5ia3 IRED S 1. CONDITION NO.6 OF ZONING AGREEMENT NO. DA2010.004 REQUIRES THAT GARAGES AND OTHER PARKING SPACES AT ALL MORNINGSIDE RECOVERY FACILITIES BE-KEPT CLEAR, UNOBSTRUCTED, AND AVAILABLE FOR PARKING. 2. PLEASE CLEAR OUT ALL THREE GARAGE PARKING SPACES AND SCHEDULE AN INSPECTION TO VERIFY THAT THE GARAGES ARE ACCESSIBLE FOR PARKING, THIS VIOLATION MUST BE CORRECTED ON OR BEFORE 1) 14 . If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER 1)%7 '%T SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 122. 104 Name of Owner or Business NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE 8 WalehQuality Enforcement 3300 Newport Blvd. Newport Beach, CA 92663 949. 6443216 MORNINGSIDE RECOVERY, LLC 3421 VIA- OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 Number: 12010 -1142 Date: 1110272010 An inspection of premises located at 29 tMA LOA CT NB in the City of Newport Beach, on 1110212010 revealed a vioiation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC%50.020H, VIOLATION OF USE PERMIT GORRECTIONIS(RgpI71RED�- 1. CONDITION NO. 8 OF.ZONING AGREEMENT NO,,DA2010.001 REQUIRES THAT GARAGES AND OTHER:PARKING SPACES AT ALL MORNINGSIDE RECOVERY FACILITIES BE KEPT CLEAR, UNOBSTRUCTED, AND AVAILABLE FOR PARKING. 2. PLEASE CLEAR THE GARAGE PARKING SPACES AND SCHEDULE AN INSPECTION TO VERIFY THAT THE GARAGE IS ACCESSIBLE FOR PARKING. THIS VIOLATION -MUST BE CORRECTED ON OR BEFORE 111X11V . if the violation Is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as. administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER cos y.,✓'...� -? SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # .0309 1015 123 Cosylion, Matt From: Sent: To: Cc: Subject: Attachments: Good Evening Ms. Bruce, Cosylion, Matt Tuesday, November 02, 2010 7:29 PM ' Candace @morningsiderecovery.com' Kiff, Dave; Hunt, David; Campbell, James Facility Inspections Document;pdf Thank you for allowing the City to inspect all of the Morningside Recovery facilities today on such short notice. Kyle was really knowledgeable and helpful with today's inspections. Based upon the inspections, It was determined that Morningside Recovery is not In compliance with the operational conditions found in Exhibit 1 of the Zoning Agreement. Attached with this email are five Notices of Violation (NOV's) and a letter outlining the specific conditions of the ZA which MSR is in violation of and the required corrections. A follow up inspection will need to be made no later than Friday, November 5. As I mentioned to Kyle, the City intends to continue working with Morningside Recovery to implement the ZA. The.City appreciates MSR's cooperation in helping to resolve the Issues discussed in the attached letter. Feel free to contact me should you have questions or concerns. Sincerely, Matt Cosylion Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 10� City Council Attachment D Letter to Morningside Legal Counsel dated 12 -17 -10 107 125 120 102 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney December 17, 2010 Via Electronic Mail Only ocesa 1nac.com Mary Helen Beatificato Beatificato & Associates, APC 28562 Oso Parkway, Ste. D -42 Rancho Santa Margarita, CA 92688 RE: Morningside Zoning Agreement Administration Matter No.: A10 -00590 Dear Ms. Beatificato: Thank you for meeting with members of the Planning Department and me last week. We appreciate Morningside Recovery's expressions of commitment to complying with the terms of their Zoning Agreement with the City of Newport Beach ( "City"). As we discussed, Newport Beach Municipal Code ( "NBMC ") Section 15.45.080 (Development Agreements — Periodic Review) requires that the City Council review all development agreements at least once every 12 months. Consistent with this requirement, Morningside Recovery's Zoning Agreement also provides, in Section N (Periodic Review of Compliance), that the parties to the Zoning Agreement shall review the agreement for good faith compliance with the agreement's terms at least once every 12 months from the Effective Date. Prior to next year's review, staff will produce a staff report and exhibits that reflect whether it believes Morningside has demonstrated good faith compliance with the terms of its Zoning Agreement throughout the year. The report will include results of quarterly facility inspections and periodic checks performed by the Newport Beach Police Department on the locations of parolees within the city. It will also include a list of any complaints received or Notice of Violations (NOV) or citations issued in regard to any Morningside facility or transportation vehicle, actions taken by the City in association with complaints, and actions taken by Morningside in response to being informed of such complaints by the City. We anticipate staffs approach to the review of Morningside's Zoning Agreement will be consistent with the approach which staff followed during the recently completed periodic review of the City's Zoning Agreement with Sober Living by the Sea. The staff report and exhibits produced in conjunction with the review of the Sober Living by the Sea's Zoning Agreement can be viewed online through the City's website, through the following link: Telephone: (949) 644 -3131 • Fax: (949) 644 -3139 City Hall • 3300 Newport Boulevard • Post Office Box 1768 Newport Beach California 92658 -8915 • kw,�v.city.newport- beach.ca.us 127 �. _ -- - - -- 209 Mary Helen Beatificato December 17, 2010 Page 2 http: / /iiewpoilbeach graiiicus com /GeneratedAgendaViewei- phhp ?view id =26 &clip id =1288 If there is any difficulty with this link, please visit the City's website at www: /newportbeachca.gov, select the "City Government' tab, then the "City Council' option, then "City Council Agendas, Minutes, Video ". Then, select the agenda for the November 9, 2010 regular session of the City Council, and review the staff report and exhibits attached to Item 13. At our meeting, we also discussed the enclosed Zoning Agreement Administration Protocol. The City drafted this document to set forth details of the Zoning Agreement administration not explicitly covered in zoning agreements and settlement agreements between any alcohol and drug recovery facility and the City. The document was also prepared to guide staff administering the zoning agreements. Its provisions are consistent with the terms of the Morningside Recovery Zoning Agreement, but provide some clarification in areas that the Zoning Agreement did not directly address. Please feel free to contact the undersigned at (949)644 -3131 if you have any questions or concerns. Sincerely, OFFICE OF THE CITY ATTORNEY Catherine Wolcott, Deputy City Attorney CMW:cm Encl. Zoning Agreement Administration Protocol cc: David Hunt, City Attorney James Campbell, Acting Planning Director Janet Brown, Associate Planner (A10- 005901 BealificaloM from CMW 12.17. 10 re: ZAAP 220 122 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY DATE: October 29, 2010 TO: Janet Brown, Associate Planner Matt Cosylion, Senior Code Enforcement Officer FROM: Office of the City Attorney ;David R. Hunt, City Attorney MATTER: Group Homes: Code Enforcement; A09.00417 SUBJECT: Zoning Administration Protocol This memorandum sets forth the standard protocol and procedures for administering the City's zoning agreements with alcohol and drug abuse recovery and treatment facility operators ( "Drug and Alcohol Recovery Facility operators "). This protocol will be provided for information purposes to Drug and Alcohol Recovery Facility operators that have entered zoning agreements with the City. DRUG AND ALCOHOL RECOVERY FACILITIES ZONING AGREEMENT ADMINISTRATION PROTOCOL The following protocol reflects the City's compliance review, as set forth under the City's Zoning Agreements with Sober Living by the Sea ( "SLBTS "), Morningside Recovery ( "Morningside "), and any other Drug and Alcohol Recovery Facility with which such an agreement may be entered (collectively "Operators "). 1.0 Inspection Protocol 1.1 Operators shall submit to the City's Code Enforcement Division ( "CED ") the Compliance Review Report ( "Report ") shown as an exhibit to Operator's Zoning Agreement, at the times required under Operator's Zoning Agreement. At the same time, Operators shall also submit the name, phone number, and e-mail of its staff member(s) designated to join any inspection ( "Operator Staff Member "). 1.2 On a quarterly basis, CED shall submit the list of each Operator's facilities to the Police Department for verification that each Operator is in compliance with the terms of Operator's Zoning Agreement that relate to parolees and probationers, and the prohibition on Parolee- Probationer Homes as defined by Newport Beach Municipal Code Section 20.05.030. �2J 1 11 Zoning Agreement Administration Protocol October 29, 2010 Page: 2 1.3 On a quarterly basis, CED shall select up to four (4) facilities on the list to verify the client count and client bed count through an onsite inspection during a weekday. 1.4 CED shall notify the Operator Staff Member by e-mail and telephone of the time of the inspection and which facilities will be inspected. Such notification will occur a reasonable amount of time prior to the inspection, generally four (4) but not less than two (2) hours prior to inspection. 1.5 While inspecting each facility, CED staff shall not obtain client names nor take photos of clients and shall be respectful at all times of client privacy. CED staff shall count clients and /or client beds and verify that the client and /or client bed count at each facility does not exceed those on the reports submitted by Operator. 1.6 If, during a facility inspection, CED observes beds (assembled or unassembled) in excess of the number of client and staff beds reported by Operator, CED shall request, and Operator shall provide, an explanation of the presence of such additional beds. 1.7 An inspection report shall be made for each facility. 1.8 All inspection reports shall be submitted to the Planning Department for Inclusion in the City's annual review of Operator' compliance with the Zoning Agreement. 2.0 Compliance Review Protocol 2.1 The Effective Date of the Zoning Agreement and Settlement Agreement between the City and SLBTS shall be May 12, 2009. The Effective Date of the Zoning Agreement between the City and Morningside shall be December 28, 2010. The Effective Date for any other Operator with which the City may enter such an agreement, shall be as defined in the Operator's Zoning Agreement. 2.2 Annual Review of SLBTS' compliance with the Zoning Agreement shall be held, to the greatest extent possible, at the second City Council meeting in July of each year. 2.3 For public notice purposes, the properties that must be posted prior to the public hearing shall include only those operated by Operator at the time of the Compliance Review hearing. 2.4 To prevent inadvertent dissemination of confidential business information of Operators, including the number of beds actually occupied by persons who are patients, clients or customers of Operators during City inspections, and to provide a convenient shorthand reference to housing for persons who are patients, clients or customers of Operators, the City shall refer to patients, clients and customers of Operators as "clients," and to beds occupied or potentially occupied by clients at Operators' residential facilities as "client beds." 2.5 The terms of each Zoning Agreement, (including, in the case of SLBTS, the terms of the August 25, 2006 Determination Letter from the Planning Director to SLBTS), shall be reviewed by staff prior to annual Compliance Review, and good faith compliance noted in staff reports and exhibits where staff believes such good faith compliance has been demonstrated. Operator is encouraged to provide any written documentation or 130 112 Zoning Agreement Administration Protocol October 29, 2010 Page: 3 statement demonstrating its good faith best efforts at compliance for City Council review prior to the annual Compliance Review. 2.6 When there is a difference between the procedures established in this Protocol and the language of a specific agreement, the agreement shall control. Waiver by the Operator, in any given year, of a right or procedure contained in the Operator's Zoning Agreement shall not constitute a permanent waiver of such right or procedure. 3.0 Facility Relocation City staff is responsible for administering more than one Zoning Agreement with Drug and Alcohol Recovery Facility operators, and is also responsible for advising residential care facility operators who may apply for use permits and reasonable accommodations in the proximity of other such uses. In order to perform these functions, staff must be aware of the location of such facilities. For this reason, and to provide Operator with assurance that any new facility location they are considering is not located in the same block as any other residential care facility, Operator shall notify the City of planned relocations, and planned facility closures prior to relocating or opening any new facility. Operator shall make best efforts to notify the City of facility closures as close to the date of closure as possible. CONCLUSION This protocol shall be executed in a fair and reasonable manner calculated to preserve the residential neighborhoods in which Drug and Alcohol Recovery Facilities are located and to protect the rights of the disabled to housing and recovery facilities. Cc: David Kiff, City Manager Jim Campbell, Planning Director rA09- 004171- J6 & MC from DRHre ZA Adm1n Protocol -31 113 132 114 City Council Attachment E Morningside Compliance Matrices 1 15 133 IS4 110 [.,a 90]6sn"M I'Mu s0,M11 N W Condition Catago,k Zoning Spardific Raunderearts Agreement with Morningside Inspection Date and inscal Recovery Result -For period of 9/28/10 Complaints to NBPD/Code to 5/27/11 Needs No more than 36 clients and client them divorce i sl quarterly coups, -a report lsl quarlerlymmpliawereporl Elfromenumm Complaint 11I It01but Momingsitle ally co ant Morresitleexceetlingb N count in Peninsula Zone an cillwitla by3tlieni betls;f112110 NOV submitted 12131110, 2tl graved, repoR shows Laid spurts at Ill dlloyd.e..d,M betl count parmltlea order ZA Issued Moningsitle redvard betl mtmtsro comdianre level LII¢N bad limit eua 3131111, not submAgd ants.1111. antl In Permeate ZOna. 5 facilities Inspected 11 V10 and quarledy repoR Shows bed courts 11 Set 0,2 facilities ierself 1 Win 1; 3 below Lido. LIMA. engaged S it. Me mom than 30 cfrenis and brand being in Peninsula Zme l st q..lady compliance roPon Complaint 1121101bat MOmingslds Cry wooer dMamlrgaldeeviceming bed count in Peninsul62ore and obvilde by 3 agent bee.,; 11 li NOV shows bed counts at limit provide mx dt] had bound allhod under Ll issued Mormagside re dumb bed mums b comagrore laved, Pepin le Zom Ilmlt and In Peninsula Zme. 2tl quededy a oorl she. betl mama eeluw lima. Onetatiltry par blought, .reams MNering Block l5 area by fourstreets; block length is 617 In compliance Exmpi for lwo occupy more Nan one awelling unit In Me same bu0aing ,sill 56eet mmilla Zone Not an Penmb1,009e argesexisingWit gap oOldetliM1dy an facilltlaso¢u sm le dvellln unllwllh no oMerlaalit on Ne 0lock. Proximity to %M1mk,ldr9¢day ore NCIitywM t,000'Mpubllc elemanlary sdwd or large In compliaitm litiea us tla flit Staffing al f mile Staff mile Or on ra11249 deach NCilily Compliance In question cgmplain5 reldting4specific Ad I has ecili0ea Staff mncemetl stalArg level is inadequate to mmiol Wnd4orts almmefadlitiea. Pardee. and BOVemmam mbmis Cl required breO asa ent orgeng 111 NPwitmretlmm pren w. In compliance summit interpretation, NBPO Can only pmv on whethetperoleea or probelicnOR tie embs pr hi r fuded clin ced 1111 ie I provide caused in quap Mal bar Arminal law M pupp eea. Chat mmeapraba Wrem- 1 per Meeting und,gr owd vidged nentmentr mr n ty In bar NBML. Compliance rom this cou A Statement red Prouldlea to tlud e Avembry uses A& samulyuseadtagrainglimiNemmci0ly resi0anis slafl In mmpllama No compleims and residanitemn aisaom Madcap waste eLS(nsel olspJSad aid aamreenm wpm law and ball prenniea UZ]/n 6sl5ryt In mmpnama 11Wt'i.scho in ermn Other wears eispoad ComplywM NBMCInah entlmwe pmviaiona Imported 11IL1g. 4823 In compliance et See and 0023 Rivela individual Ncility mars. far SpaciAes. 533 Von Lido $rod moves reluse bond 533 Via Boildo nI1211o, 533 V'a Litlo SOUtl on 1!11/11 all times; .liar Ndliaes In himRiver , her gComplaint into garage to comply. ageWL] Semndhentl smoke No smoMhand smoke departed off parcel. No lobdcfom Impedes and w4nnodviolalibns at Mu0lple neighbor complaints See Complaint Leg fm complaints off Momingsitle informed smoking quagaNnumbers llmiand at 22 less Lm. Smoking counds ormilled at 533 Via related lilbror Ini par beats and assagralk amaking Me lodial. Sea individual fiddlry addressed surni doWc bN affsite at 102 Via Litlo Soud Email Amend, bsuatl for 10 Via Antibea(See CE Complaint Lee and intlivkusl facility matexea.] p l,trag ons meVixes. Antibes. 29 Ina Loa, 533 Vie Lido Swa Offahed all Canada. Visa,. Available for oarhing by gaff, vlail'mg family, Insoasad el all fetiNties' IIWIG. Cwredlon reWlretl at Via Antibes Complaints remlved br vionglona At See Individual bil llty marred, for imse CVloations, saps taken by City, and gumboil rAdAmg. 31 garam uumea5o rusome doff, one" amour" sts"Nos agents 111N10 ,21adgaesor1121111.3fa.gtas might 291nm 4a and 4dLA .21 mv.(So. Complain Led for spent e11.0-102 Via Angths.111 m1 dvdlebla for pantry, .mailed tantrums., go resrwnsa net have nap vahul¢s- on WWI 1. River damns Client lrmgpd LoadlmJ A unloading d clients ham van only In open pkg No[.111cca0ma In mmoursm Complaints immune for repeated NOVSfarmuaiplen&pkgvioldiamet VlaopmlViaUdouffmestlf10 NOVs&eemincilatlomAsue] .,,. raga spacal no slipping a mruule N,' an in lane virmagesed 9.. RVer and 533 Via sompon5 at Mors River& 533 Vi must SruldSee Comfmml Lisp and individual facility mar as lw colons) to betl or unbad tlMd.. Must bit. all City boles LItlo Send antl offices al VIA Oporto regarding pkg, sopping & wailing, more ml blots alleye or (Sae Cempleiol Lag] sheds. Nichomormodmlydlevds Natpmotl Profanity& aged behadbr No Pdlmty dlevel audible to neighboring resieena Complaints M Vbolbn at 533 Va Line MomingsidemOfled. NO recemmmpainis. Scu Cukthwra Ouiet helium 9:00 PM 06:00 AM tleily. Nat all londona in mimpliarpe Complain. ,033 Mae All 1a0ona iasuetl for quiet M1wovblelicns at See Complaint LeeBlntli102 at 533 Lido SOUd. (Son Lido Bill ( A AAIa Montrew smi greas 533 Via Lido SCUtl &t00 -002 A. An11Ln8Mamingeitle reapor,em Compbna for Complaint LO, for eeldla) Client lrempod nuts- Routes subml6ed o Gry, go. fain dfwls In ad.. Not all lmdone In wmposom Ydadmsd VO OpM..oms. 533 Via ski issued 11/2/10 f.r Ndmomaf pkg& cover Pam at Momingsitle all SeeC .mmesdLCgfllnQViduq required Litlo Sued al lllyn W.. for wamings. NOV. A oration NS.. far ireRs,M and padtid, Vfdatlms. at 533 Via LOO Soul Chemed Calivehes due, weeWtl aely, between g: 00 AM and Not all locations in compliance Rep led Ore. .1 after- hours Sae COmpleint LCg antl Ntlivltlud teddy maM afor warnings. NCVS add citations hand for da ivory vidatlme at 5:0 PM, is plrvdd NOV Vehiull rklWede5 at 533 Via Lido SOud See 533 Na LA. Sued and Mesphilitld resmnsm Completed L Hotline 24 hour M6im for compoims, or mna rem. number Not in compliance Momingske has not yM pmv d hafted number to City, Rod are b respond o mmplaime wAd 24 hours ckann par betlrmm 2 thanes oar bedroom unlmg W. ofetr .wmmlb bramoved en figal I Inge 0, 11 di In mMplw. Ally lMre hamded bed 2 per bedroom or rawer dint beds atmM Inspection more for any single boom= 533 Via Gto soup and Sir 1me Lm .n 121111, 533 VL3, 29 It and 100 -102 Antibes Willi Rogivorng Faquen, Quarterly', up 3131, fi1309/30 and 1231 1231 110mmpg.nm. dsubmladdw Ndlnm Minim Cry reminded Mrienta ofdm data 41011 land n11111, Nfrommu0d0 /13111, RepMsubmi0en6I20111. oboe. March 31 compliace reDMset aubmtlaa until 421/11 Rigradves figivers, nrq bond golly find. wfnot n.greeetb has not mmpn,:a lcomaNM wM2mmunde Lithe W operatirgco or NBMCIimuveadahor NSMOigMOmingsi in day daps MOrningsitle mud akeommply. gmmpiiance nd commenfetl wnd 30 days of notice Mwningsitle In rnings must In addlor obWdin tlelault s eciflc Rormenm or orminaiion oramentlmenl tleteull. [.,a 90]6sn"M I'Mu s0,M11 N W ISO 112 N W non Morn ingside Recovery Zoning Agreement �Cobnnplibmrm Review - Individual Facilities -For period of 91 - 5127111 4 Facilleaccand: 4623 AFB River la,nar inspections 111 2/10,1115/10, See Complaint Log 6N0VS, 2 perking claim, 4 administrative deal o Avenue e%bribrins(nc00n 3 /10/11,4113/11 11 in war lane with several conditions Yes. See Complaint Log bad far a mions associated with Mrs facility Client Bed limits Cliuldia p'36rvt"il, fireited.30'm Penirwula2one Idernobinapemions 1112 /10,1115110 In complained after copulati0n reducetl Addition of 533 VULitlo SOUtl increasetl client hetls overlimits s 111511U' S lien beds In Unit A: 6 client beds in Unit E Oisperse to me fall per block, or Block is area founded on all sides by andets; block lengt'a Nwmpliance Iddedlsned delore]A adopted ; No unit, in one adding; role fit m facing each ot,er across sheet 611 feel beck Prishory to schods, large day care No (delay win 1, 000' of public elementary schod or large day In- -lance fidecities cam facility Staffing Minimum of l annual or onecal manager 24? at each burtly. Compliance In guesgpn at aria hidden Repeated complaime(See Complaint[m)t Some qumtlon of whethre 9 I staffin edecades to WMml)loll ad,ball 211/11- NBPO namead no vlclandes_ MUM comply with NBMC restrictions an parole- probationer 5/11 /11- Mammal asked W provide ParoMas and government Winds homes; * do Glenls read a agionter as se %offenders or were. statement that still In N compliance Under NBPD's current Interpretation, NSPB can only prbvlde Informal on car, membm& no drop 36- funded clients mmplianea wain this renuiremam whether parolees orprona50ners are doused In specific makers far to vertlied statement not yet provided. oral law en(me oment n Assembly uses prohibited Assembly use prohibitatl m family, unless smut, ettentletl by In awnelse. No assembly damplalnls v that bell realders, staff or badly. Medical waste disposal Disposed of In accordance wit, law and bast disclose mted.,neuallon, flrz, l lm In confidence Dter wade disposed Comply with NBMC fresh encbsure provisions Impactions 1112,1115, 3110/11, 441 SO 1 Not in —ease- ell Ames See Courleint lag; madaod violarder.iit V3111 NOV for usual can lid mend, 3110111 NOV for rmum ran ]3 mosum. No aecondhend smoke Islamic off parcel. No Wbacm- rele[etl No smoking mmplen,; tobacco elated litter deserved by 1111 e110N0vicanddor Wbaodemiced lrer .4113 /1l adman citation for Secontlhantl smoke Iifterorvi"Mon of beach and boamwalk smoking prohibitions Not In complienm stall dmae Code Enforcement later. 4120111end fc!SOI Morningside posted notice of dyderc-relmetl lobmm IM r hatidtlans ln,dll Garages clear, available for parking by mefi, visNng family, OR -shcet Parking domecicservices staff, client transport veMdes. Clients may Irrapedidns 111910, 1115/10, SH 3. Not In compliance el all more Complaints rewivd that Orange not dear for pending Sea Complaint Log 10/15110 NOV ended, garages W be deer for mo iag. not he- r,n,l badded 10/2910 NOV Issued when gerages not Geared 10115110 NOV Issued - violation M earldng and loading Taws. 216`11 parkin{ Laadle, and unlice ing of chants from van only In Open parking Watlons to two vehiclea for parking across ail lk'NIN adminisuadve or grewitacas; be stopping or double parking in traffic land1 Sea Coe leant Log_ Multiple complaints for parking In citation for parklrg across aitlewelk. 4N W1 t waming]allot on parking Cllemtrampotl load or unload clients. Mustbllomel City Medregarditg Not In compllanco anamenthat blood public night of way, issuesamd damage m City planter. 4120 NOV issued for parking across parking. stepping and waiting, must net black alleys or streatta. sidewalk 420 Morningsim reposed perking rules milled at facility, 425 administrative abroad issued for loading on landscaped area; 4128 Is adminl,hmlve cbatloo issued for Name added sidewalk Profanity and Ined behavior No profanity atlIaidihle W neighboring awarders In —else- No murvierls . re the Invasion Quiet hours Caust be arise Ja ndabb beyond Podme,r. e:00 PM- In mm ance W No cam Ftaln,a[lMS location 18 8'000 AMU., Chad hamsmd males Momingside shall adnere to male plans submitted to City. In mmWlance No complain, Nml3 Ideabbn OelNerks olverds during weekdays only. bdween 9:00 AM and 500 In mmpllence No measured at than location se PM, in paivele sleRvehldes. Nndlm 24 -hour mean for complained, or contact name. number and Not In compared 1 mall W desprow W amplaln, wM 24 hours Mordingaide has act provided hatin, number to Cry Clients per bedroom 2 clients der bedroom unless alas, of sWcon, warrants more far Inspections 1112 /10,11)5110 In compliemx Two erfewar diems per bedroom, ll Noun ends Wel . any single bedroom N W ISR 120 lat000saol Mxdx mmaeom wennxas zs v 1 [lam \Y non Morn in gaide Recovery, Zoning Agreement -Compliance Review - Individual Facilities -For period of W11110 .5127111 Facility sent.. 291ma Lee Court Interior impactors 1112110, 111910. 112/111, y5111 Com lainrsreceivetl for p 3wemin 9 momeale11ars and i NOV issued for Austria; and complaints demanded with his s Not In compliance with several conditions second hand smoke had. . Interim lnspedions 11010, 11/5110, In compliance after populatlan reduced. Add'hon of 533 Via Lido Client Bad Limits Client rgtl ®p' 38 ellywide; Ilmitetl 10 30 in Penlneule ZOrle 1127111. 5l1 other delibee Saud Increased Glen 6 beds save limit 6 dlent beds at this feoli Disperse to one really par block, or plans..... paunded on a11.,it s by hags r. block lri is 617 feet In compllenm lean, each Other across aOe 7 Sole ocifity an block Pma.mly to cahoots, large day care No built, wln1,o110'of public elements, scM1ml or large tlay rare reality Incompliance ramlbeh a Sniffing Minimum of l amayet or on -ell manager 2617 at own %clliy_ Incompliance 211111 -NBPB repotted vi0lapons. Muni comp, with NBMC resMCda pardlgang bemb er, PS P no n tide asked no prov'itle se Med Parolees etch government relemala tllepts required to ro0isterm sex no address a gang members, no Prop 36 s1 ment yachted slaMment Mal soli is complarnce In rumpllanro . chw Nndetl tlian6 Mls requirementovidg tlslaRmerrt not yet ,at urger NBPPs mrtenokeryueUllon. wmr- ad maarolee Impowianyprov.dImsfwrimponon mbelioners ere M1eueed In a ecRm lomtions for V'iFninel law en(omement u Assembl Mbiled y asrs pro Assembly use prohibited atfad.iy, unless ideal attended by that kclley'9 In coo larrce Ig No as.embl vuomplemb it resident¢ site or family. Medteal waste disposal Disposed of In accoMo. eight law and bast practices Imeni-inapeNOns 1112, 1115.112]111' Incompliance 95111 Met ease disposal Carl with NBMC Yacht endope re provisions InspeetlOna 11121115,1127111, 95111 In eompllanee No mespla.ms mMrs to .ran See Complaint Log. Wearthg eTiall sent 11123,1123 Methanol responded they wood review. Diposa el No MemadleanbsmcmdatwasciR parcel. Nobhacm- misholitetdr Repeated complaints of 127111 Inspedron,W3011I sharing armed sea; 0118111 Moraidgede nWM1ed City May had Samntlhentl smoke viaame of beach and Laartlwalk smoking pmhldtions Not M trompllance at all rimes smoke datacned off resbivtetl balcony srneking area W 1 person MAme. Wl Momingstde ceoparmou teat properly conducted by Code EMdreement Confirmed smoke could be dompard when designated smoking over used. Issued ministry, letter 913111. Smoking arch relocaftd Garages clear, swindle for parking by staff, visiting family, domeagc OR-streat Parking services stag dlea transport vehicles. Cllenls may not have personal lesoeded 11010, 111910. 127111. &5111 Not In compliance at all smes th v Ndes. 11210 NOV Issued' game nIXdemor . CleareEb 111911 nofunherv.olmons. Loading and unloading of clients rrom van only in open perking or garage Cfenttempad spaces no stopping or double parking in traffic One to load or unload clients In accepted. No completes at this as Mustfcllmv all Ciy rulra ra3eNing paAing,.topplrg end weMng, must non black alleys or manages In comumeps location No coral ntsat this timiaay and lewd beM1aWOr No profanity at evel nadirs to realghboring machines .bad Quiet hunts Outer hours. no noise coRgable beyond perimeter 900 PM -890 AM. Incompliance No ozmplaintts at Mi. b actor Client transport routers Mornlni shell adhere W route plans submllled W City. In complience No cones.l. at this location Baliveries DeMatles donne weekdays any. seemed, 9:00 AM and 5100 PM, In private In wmPlleras No complaints at this doff widdes. denied pordee 2Mcur Let for complains, or contact name, number and email ar Not is candidate respond to complaints em 26 hours Mwnln arts NO not provided hoMne number to DIM Clients per bedroom 2 diems per bedroom unions stns of sW.. wananls more for anv single IWpeopons 1112,1115.1 /27111. 95111 In complli Twaorfewerclianthearbedrwm. Slzalenibedsbla., seaman lat000saol Mxdx mmaeom wennxas zs v 1 [lam \Y WI 2�� vNv ` !v W N N p non Morn ingside Recover,Zoning Agreement -Compliance Review -Individual Facilities -For period of 9128111) -5/27/11 Cited bed Ns consistent with Ws reported. Padfly address: 100 -102 VW Idetl,rimpectlore ttrzll0. Three garages not clear for parking on Rnllbes, 209 Na Lido Stood 1ilY10, 515/11 1112110, third garage not clear by Sl26MI 1 NOV and t citation issued for volations associated with this fire) Client Bed Limits Client betl cep: ad edywlde:IInded to 3011 Peninsula Zone Intarhrmapeehns 1112110. In comp0once after population reduced on nlY10 n/Yio. 11 dint beds an this facili Disperse to one fadllry per block, M Block IS area bounded on all seas by strew; block length se 617 feet see fadlity on block, be triplex building Established before adoption of Z unite In three u In fawn tlr aln r aathi do le builol Proximity to schoearlim, day care No NO fedlity whin 1.000',f public elementary school or longs day core precut Incompliance Stalfln Minimum M l oni or on-call manager 24p at each fiedilly In compliance 211 /11 -III sepMed no violations. 5/11111 - MustoomplyellNNBMCrestreasssonpaacce- probetionerhomes', s Momingsids asked to Parolees and govemman( refan'als no done required A reglds, as se x, Fenders or Bang member, no Needs verified statement Incompliance under NBPD's carted lntenpreWGOn NBPD Can Prop muccdetl died. Me, vi111n compliance ems ii n wM1e only provers Information the re pilasn"i yarded am housed ft 1parolees er aeatiOns.M 1, statement not yet pr0vided cndi laws nfodcem[ purposes at Assembly uses pmhieted Assembly use proMUlted a lecllfy,unlesasolotyatdmi by Me redo 's..Ms. scan or1am11 . In cnmollanra Iz Main waste des—I Disposed N in wedualadce wits swede best runways Idlenor inspaet— 11f1/t 0, 116110 5/511 mmmpr nrx 13 Other waste disposal Comply will NBMC tress enclosure pmvldons Interior inapeN,ns 11/2/10. 11IY10 5/511 Incompliance It SeceMhantl ernke Nosecuschordsmowdethe oRpalml. No tobamureleted lhter violation 0f beach end boardwalk snrokin reXibN n: Interior insnctlons I IcYI 0. 111511051511 Not in cempf race al ellYmas Complainfofsmoking affIR 5119111 Warni mallsentb M,rnin sltle no response Garages deepavailablefor parpng by staff, visiting orally, comeand motion inspectors 118110. NOV Issued 11IZ10: 2 garages seemed and OR -street Parking :nsssWR,dienttranspmtvatides. Clienlsmayerowerpevnnd 1115110, Y511 Nero wmplienn at all times made avallable for Ain. Thinde pace not Ye[ 15 vehklea, accessible to MOmlo side Loading and unloading of clients from van only In open paring or Cllenl transp,d garage spares; :w stopping or double palling in mans lane to tend or In mmpllanceal thlsfazlltty No —plain. as this unload clients. Must follow all City rvin regarding paring ,stepping rectify re and wai must nol blecle alleys or slreMS. Profanity ale level behavior No profanity at level audible to neighboring residents No pr,Yplty correct s 11 of lh'n rotation Over hours, n noise deledabla beyond ndmatern 9.00 PM -9:00 CE corMrri quiet Oulel sours AM' NM in compliance at all times hours vidalionn Adminislrztiva citation issued 5 /16/11. 19 5113111. Momlegide disputes that vl0laton ocmmed Client turreted decide Momic,cos rholl ahere to costa plena submitted to Ciry. In wmplianceat this rectify l beenpidremiveo GinPm a. deriP.cellan on mule plena 1, co and D,INerkg De flames during weekdays only, between 9:00 AM all 5:00 PM, In In complienceel tM1N fedlhy, No da0., complains at private Shad vehicles. affNSfaciliry Hotline 24 hour heads per complaints, or wnfacl name, number and email to Not In mmpllanrA MomagsNe has not provided City with Iholire respeard to com lain. w /112. houu umber Client per betlm,m 2 chose per bedroom unless size of structure warrants more for any single bedroom Interior inspections I hot 0. 118/1051511 In complained Two or fewer clients per betlrnm, II Client beds tool vNv ` !v W N N 142 124 N W non Morn ingside Recovery Zoning Agreement -Compliance Review � Individual Facilities -For period Complaints is NBPU or of 9128110 .5127111 4 "'I'dir" "'no"' Specific Reft,irrionamps Inspection Done ipacept 1101 Interior lnspedions ll /2/10,11/910, Ransil, Code Fruspereart See Complain!Log - Nor- 10wernireganalielletlers , 4 Ni and 3 citations issued for vl0letlona and mmpthlnts auwisteC with this Facility address: 533 Via Lido Soue Notlncomplianpewdh osions complaints mmg hditty. s eml donarbna teviudmirm Complaint Nat addition Voisin canfimled; NOV issued 112110. Momingeids rrdumd diem fees at other ledgtl %t0 comply:. 6 Client Sued Limits Cllenl had Cap: W oitival Ilmged A W a Peninsula Zone Intanda napedions 1112110, 11 15110, Not'm compliance at all of this family in CC.bbe dent bens at Nis facility on 1127,11 and Sell specliono. 1/27111.5/5111 time% 2010 amaeded bad Disperse la one taduM per black, or an rJhoN r aso-eal Blod is area bounded on all sides by streets; DlCM through a 617 feet In domPhurce See trinity on black PoMhniyloschoolsrlargedaycde Itias No% cllilywlinl ,OOPOipubilcelememaryscW.I rlergod,.he (soil! Incompliance Repeated compthlmsiSee Cpmplaint LOgl. SOmO question of WhBiMfslafllrp atlegUaleMrnnlrol faculty Staffing Minimum afi on -alts gran<ell mene9er 24O el sad+ facility. Compliance In question pDWlatioo 211111- NBPD reported no violations. Future NBPD confirmation will la limited. Under ki Cunen11ntergauddon, NBPD can only provide Musa comply will NBMC reslricliens on pamlaaprob ffirmor homes y11111 - histrionics asked b provide Iraormeaon on wM1emer piverios on probationers am M1OUaetl In specific lom4ons fm criminal law Parolees and government refmrels oclienbrepuireWmglsteressmr ndemogangmem m vedfled statement that suit In compliance . Incompliance enforcement purposes. rib no Prop 36 forded come, Will this requirement VeriMd statement v Assembly uses peohlblied Assembly use prohibited at facility, unless solely attended by Nat redo arasidema staff Or recoil. In corodlahce No assembly doopplents no Meal ®I wade proposal Disposed of in amomaova war Mw and best practies mtermir lnapemlana 1112,10, 11151 127/11 03111 mcomprance 13 Other wame disposal Comply will NBMC hash enclosure provisions rnspostions 1112M 0. 111511 D, 1127111, Incompliance At1 /21 /111nspedians. observed no refuse can lids. Refuse cans moves to garegb as directed, Repeatetlmmplalmaof NOV issuetl 11MIlO (See Complaint Log) Smoking area moved Imorors_. Warning emailsanton4IV11 smoke desessd Of fallowing fuller complaints. Sewntlhentl smoke No secondhand smoke detected off pncai. NO tobacs0e.1stM Nspedion fllgll0 Not In ComplNnco at all property; (See Ii., m violAme of beach and boardwalk smoking pmribitions times Complain) no, ) Maintain confirmed by Garages clear, areiteble for perking by staff, viailing family, OR- street Perking domereflc servlroa staff, client t2nspoa vehicles. Clients may not In consumce have Neveral vehicles See Complaint Log. NOVS .I.dlt911.5/13111,Citaboniseued Z8I11. (Sew Complaint Log for complaints, City steps taken, Loaairgerrtl unloetling of clienis (mm van only in open perking or Multiple complaints for and Momingsiae owpanae overseverel months. ) Morningsitle postrd news re paAing In facility, gemge spaces: he dapping or tlouble Perking in traffic Who to bed Mocking neighboring instructed staff and visitors an legal Parking precMUrea, on 412911. Momingside alines not asucieled wl Client tranaga u loa cliens Mudfdlow all Ci 1.y m les r age mi ng par kn , NO In compliance anvawaye, and par kin g Mde In &13111 paAing vioation. stepping and wailing, moat net Mod alleys on streete. In manner Met blocks 18 haffic lanes. Profanity aria leaf bahenor No proonnI d level audible M neigM1bpdng residents NO In compliance is all ire. CompleiMSreceiwa Momagaitlensufled4 /111. NopmfanitymmpWintsreceiveaaimmnmificabod 4wuraft, mailel211 0111- 112 6111. i7n MOmingdtle dlreded house menegerto etldreas col resltlenb. Oulal hours Quiet hours, re noise debdable beyond perlroverl bN PM -8: NO In compliance See Complaint Log for 1110MOmingsldedirxWdhousemanagertoaddnssw !reddens. 12]- MamlogaldepostrdnoECem sk AM, multiple comyJeinis. gore!fours.Veationsheinto 1 iNOV issues tight 1, 1ci1ation issued 511 W11 for quid nourviolasona. allive She Complaint Lag. Warning small sent 1119/10: 11115 MOmingsids responded it wee not their winds. Wamingdrelleenl Motion comple ms' 11122• on 1123 Momingside responded not their venide, but staff pioneer. NOV Issued 115111, cropper including vans perked basmod2fil MomingsiderepoMdrulesnmicepos dalfacil' Dn41 lI_ Gliemhansmd mNSS MomiOgside shall adhere to more plans submitted to City. Not In compliance at ell Ilmea Wrong Way on adjacent sham(wl ph.), and valaxles blacking naighboring driveways. NOV for devery issued 115111. Warning small sent III far 11 6111 mmplalnL Momingalde reconce 111 Deliveries Doha es during weekdays Only, between W.00 AM and 590 PM, NO In mmpllenm Sae Complaint L00 for Nat house manager notified dropping off coal offs 00 not penMtted. Wamingemail sent 1126. Waming o advals slag%amides. muldi complaints amail sent 5113, Mencomitle ramenaea no darovertes after 5:00. Warning email sent 5/13111, Citation Mo01ne 24 -1wur hotline far compaints. or consist name, number and smell NO In compliance Monligual has not provided Cry with hotline number. t m no to controls ma won 24 hour[ n clianrs pm baamgm 2 diems per hearmm unless size of emotions warrems more ter an singlebceraam Nspapmers' 1112110. 1115110, 1rz7I11. 95H1 m mmq.anm Two or heads plasms par lredmpm: am olives tine lnlal. N W wL'I 120 inseams /em's-1 aeiwmw w e.rr 1st C: �I non Mornings ide Recovery Zoning Agreement �Connpliammm Review . Individual Facilities -For period of 9128MO - 5127111 I Facility addre55.112 S 39th SUM This faG10y des¢tl 1113013010. Client Bed Limits Client added co %G1 de; limited W 301n Peninsula Zone Interombabectlona Not In compliance at all Addition of 533 Vie Lida Soud increased client beds above a p' 11010, 11150 0 times limit Violated confirmed; NCV Isaued 11 ad 0, MorMrmaide reduced client bads a comply Oisperse to one lost try per block, re Slmk is ate% a0unded on all skies by dersts; block angtn L5 617 feet. 2 but, each order aomss street loschdds, large day rare Nofrdlity wlln 1,00o'of colaselemenary school or large day care facility find Waty find Was Staffing Minimum Of l on site or 0niall manager 2417 at each facility . foamless and government morns Masl comp, with NSMC haddribons on pemimmundbadoner lmmer, +no clients ao assured to register as sex decrease or gang members, no Prop 361unded dents Assembly uses minstrel Assm'oly use prohernal It hotbox, uMess beer, attended by Nat fadhtys residents, slag or family. le Madmil west dlspoeal Demanded! of In eccordence men law and least practices NterldrinspMlons I 12,113 In sompllsnce: to Olner wale drsp0sal Cartel with NSMC Used and.. pmv1e10ns Inspection. 112, 1115 In mmpNanu SeMndhand %make NC Semndnaad ant. a dttteded d "read. N010lavA- relMed.II119rotvlalaNpn of beech and boardwalk smoking pmhi viers OeabeM Parking. Georgia clear, available fa palling by staff, visiting family, domestic eaveris stall lateral 1112. 1115 Incompliance: th cllma penspmt vehklas. Clients meJ nW have personal vehbles. Inading and unloading of create fmm van only in open parking or garage spaces; no Cllenttmnspol strapping or double parking In traffic lane to load or unload sin, Must fallow an Cl rules regarding parking, shopong and wolfing, most not Mock all or stmels. 17 ` ity ere lead behavior No pmfart, al level audible to neighbcnng resimmus Is Quiet hours Quiet hours, no miss detectable beyond penmetec 9'00 PM -8'00 AM. Is Client transport mules Mdrningside shall adhere to more plans submitted to City. Ca ivness. Oellverks dunire weekdays only, between 900 AM and 500 PM, In pill sae varmil HO a 24 -hour name for complaint. or mritant name, number and email In respoal to complains win 24 hours Client% per bedroom 2 suienle per bedroom unless sizes of strusNre werenls more for any single hMmom Imendadons 112, 1115: Incompliance. inseams /em's-1 aeiwmw w e.rr 1st C: �I 140 122 City Council Attachment F Code Enforcement Complaint Log �X47 �9 142 ISO i-i W µ FL Morninside Recovery Complaint Loa 2011 Review 'On same dates, there maybe multiple complaints for the same violation Date o4 ? .IndAenL: ADDRESS COMPLAINT ,.:. CONDITION CITYACTION RESULTS 11/4110-MSR staff advised not to park In 09/23/10 10121/10 3404 Via Lido Parking in a red zone Condition No. 9 1112110 -NOV issued 1201 (lit 138) the red zone on Via Oporto 11/2!10 - Multiple City inspections, NOV 1114110 - MSR agreed to work with City to 09/23110 1012V10 3404 Via Lido Route plan violations Condition No. 13 issued 12010 -1139 revise the approved Route Plans Bed count reduced in compliance with 10/25/10 110125110 INA MSR has more client beds than approved by the DA Condition No.1 1112110- NOV Issued 12010 -1140 Condition No. 1 of the Z4 10 /52011 - NOV Issued 10129 /16Gamges were cleared out and 10/05/10 10105/11 4823 River Ave Garage not accessible for parking Condition No. 8 1012210. 2nd NOV issued 12010 -1049 Inspected by City staff 1. Secondhand smoke 2. 1. Condition No. 7 1114/10- MSR leper- agreed to park Quiet hours violation 2. Condition No. 12 11/2/10- Inspected MSR facilities; NOV transport vehicles in a garage or other 10/26/10 1025110 533 Via Lido Soud 3. Vehice blocking neighbors driveway 3. Condition No. 9 issued for observed violations 12010 -1140 legal parking space 1. Secondhand smoke 1. Condition No. 7 112110. Inspected MSR facilities; NOV 11/4/10 -MSR agreed to work with City to 10/26/10 1026110 533 Via Lido Soud 2. Vehicle blocking neighbors driveway 2. Condition No. 9 issued for observed violations 12010 -1140 address complaints 112 110 - Inspected MSR facilities: NOV 11/4/10 -MSR letter- agreed to work with 10/26/10 1026110 533 Via Lido Soud Secondhand Smoke Condition No. 7 Issued for observed violations 12011 -1140 CItv to address complaints 11/2110- Inspected MSR facilities; NOV 1. Secondhand Smoke Issued for observed violations (12010- 1114 /10 -MSR letter- agreed to work with 10/27/10 10/27/10 533 Via Lido Scud 2. General Complaint overall lack of compliance) Condition No. 7 1140 City to address Complaint 11 12110 - Inspected MSR facilities; NOV 11/4/10 -MSR letter- agreed to work with 10/27/10 10/27/10 533 Via Lido Soud General Complaint overall lack of compliance) NA Issued for observed violations 12010-1140 City to address complaints 1. Secondhand Smoke 2. 1. Condition No. 7 Quiet Hours violation 3. 2. Condition No. 12 112710. Inspected MSR fadlities; NOV 11/4/10 -MSR letter- agreed to work with 10/28/10 10/28/10 533 Via Lido Soud Vehicle blocking neighbor's driveway 3. Condition No. 9 issued for observed violations 120161140 City to address complaints 1112110 - Inspected MSR facilities; NOV 11/4110.MSR letter- agreed to work with 10/30/10 10!30110 533 Via Lido Soud 1. Secondhand Smoke 1. Condition No.7 Issued for observed violations 120161140 CiW to address complaints 1. Secondhand Smoke 2. 1. Condition No. 7 Quiet Hours violation 3. 2. Condition No. 12 11016 Inspected MSR facilities; NOV 11 /4110 -MSR letter- agreed to work with 10131110 10131110 533 Via Lido Soud vehicle blocking neighbors driveway 3. Condition No. 9 Issued for observed violations 120161140 City to address complaints 1. Secondhand Smoke 1. Condition No. 7 2. Quiet Hours violation 3. 2. Condition No. 12 1112710 - Inspected MSR facilities; NOV 11/4/10 -MSR letter - agreed to work with 11/01110 11/01/10 533 Via Lido Soud Route Plan violation 3. Condition No. 13 Issued for observed violations 120161140 City to address complaints 1. Secontlhantl Smoke 2. 1. Condition No. 7 1112116 inspected MSR facilities; NOV 1114/10 -MSR letter- agreed to work with 11/01/10 11101110 533 Via Lido Scud Quiet Hours violation 2. Condition No. 12 Issued for observed violations 120161140 Cia to address complaints 1. Secondhand Smoke 1. Condition No. 7 1112110- Inspected MSR facilities; NOV 11/4/10 -MSR letter- agreed to work with 11/02/10 11102/10 533 Via Lido Soud 2. vehicle blocking neighbor's driveway 2. Condition No. 9 Issued forobseNed violatlons 120161140 City to address complaints 11 /5 /10- Garages were cleared out and 11/02/10 11/02/10 29 [me Loa Ct. Gara a not accessible for parking Condition No. 8 11016NOV issued 12010 -1142 inspected by City staff 11/5/10- Garages were cleared out and 11/02/10 11102/10 100 -102 Via Antibes Garage not accessible for arkin Condition No. 8 112110 -NOV issued: 120161141 Inspected by CI staff 1112/10- Inspected MSR facilities; NOV 4114110 -MSR letter- agreed to work with 11102/10 11102/10 533 Via Lido Soud Quiet Hours violation Condition No. 12 Issued for observed violations 12011 -1140 City to address complaints I-i W N Morningside Recovery Complaint Log 2011 Review 1. Secondhand Smoke 1. Condition No. 7 11010- Inspected MSR facilities; NOV 1114 /10.MSR letter- agreed to work with 11/03/10 11/03/10 533 Via Lldo Soutl 2. Vehicle blocking neighbors driveway 2. Condition No. 9 Issued for observed violations 12010 -1140 City to address complaints 1. Secondhand Smoke 1. Condition No. 7 1112110 - Inspected MSR facilities; NOV 11/4/10 -MSR letter- agreed to work with 11104/10 11/04110 533 Via Lido Soud 2. Vehicle blocking neighbor's driveway 2. Condition No. 9 Issued for observed violations 12010.1140 City to address complaints 1. Secondhand Smoke 1. Condition No. 7 1. Unable to detect secondhand smoke MSR agreed to work whin City to amend 11105/10 11/05/10 533 Via Lido Soud 2. Route Plan 2. Condition No. 13 2. No route plan violation route laps 11105/10 11/05/10 533 Via Lido Soud Secondhand Smoke Condition No. 7 Unable to Verify Violation 11/05/10 11/05/10 4823 River Ave Cf arette butts In City planter Condition No. 7 1111O,`70NOV Issued; 12010 -1186 Cigarette butts were Picked u 1. Secondhand Smoke 1. Condition No. 7 7. Inspection scneduled for 11/8110 11/06/10 11/06/10 533 Via Lido Soud 2. Route Plan 2. Condition No. 13 2. No violation on route plan 1. Vehicle blocking nelghboes driveway 1. Condition No. 9 Unable to verify violation, advised MSR of 11106/10 1029/10 533 Via Lido Soud 2. Garage inaccessible for parking 2. Condition No.9- complaint No official response from MSR Unable to verify violation, advised MSR of 11106/10 10/30110 533 Via Lido Soud Vehicle double parked Condition No. 9 complaint No official response from MSR 17106/10 11/05/10 533 Via Lido Soud Profanity b y MSR staff Condition No. 10 insufficient Information from reporting e 1118110- verMed violation 11/10/10- Change In smoking policy by 11107110 11/07110 533 Via Lido Soud Secondhand Smoke Condition No. 7 7119110- NOV Issued Q2010-0172I MSR, moved smoking area to garage 1. Secondhand smoke 1. Condition No. 7 ' 1. 1719110- NOV issued (12010-0172) 11/10/10- Change in smoking policy by 11/07/10 1 V04110 533 Via Lido Soud 2. Vehicle blocking driveway on 1026110 2. Condition No.9 2. Previous! y addressed in letter to MSR MSR, moved smoking area to garage 1118 /10 -MSR removed City seal from 71108/10 1V08/10 NA Use of City seal on MSR website NA 1118110- NOV issued 12010.1161 website 71/8/10- verified violation 11110/10- Change In smoking policy by 11108/10 11108/10 533 Via Lido Soud Secondhand smoke Condition No. 7 1119110- NOV Issued 12010 -0172 MSR, moved smoking area to garage ' 7118110 - verified violation 17/10/10- Change in smoking policy by 11108/10 11/08/10 533 Via Lido Soud Secondhand smoke Condition No. 7 1119110. NOV issued 120100172 MSR, moved smoking area to garage 11/09/10 11109/10 533 Via Lido Soud Route plan violation Condition No. Complaint referred to OCA, no violation 1. 1119110- NOV issued (12010-0172) 1. Secondhand smoke 1. Condition No. 7 2. Contacted MSR regarding blocking 11110/10- Change In smoking policy by 11/09110 11/09110 533 Via Lido Scud 2. Vehicle blockin nei hbors drivewa 2. Condition No.9 driveways MSR, moved smoking area to garage 1118MO0verifled violation 11/10/10- Change In smoking policy by 11/09/10 11/09/10 533 Via Lido Soud Secondhand smoke Condition No. 7 1119110 - NOV Issued 12010 -0172 MSR, moved smoking area to garage 77/8170- verified violation 11/10/10- Change In smoking policy by 11109/10 71/09/10 533 Via Lido Saud Secondhand Smoke Condition No. 7 1119110- NOV Issued 12010 -0172 MSR, moved smoking area to garage 1. Secondhand Smoke 2. 1. Condition No. 7 77112110- Inspection at an adjacent property 11/10/10 11110/10 533 Via Litlo Soud Quiet hours violation 2.Conditon 12 to verify complaints 11/17110 -No violation found 111110/10 71/12/10. inspection at an adjacent property 11110/10 533 Via Lido Soud Secondhand smoke Condition No. 7 to verify complaints 11/12/10 -No violation found i-L W W F-L Morningside Recovery Complaint Log 2011 Review 11112/10- Inspection at an ad)acem property 11/11/10 11111!10 533 Via Lido Soud Secondhand smoke Condition No.7 to verify complaints 11 /12/10 -No vlolationfound 11/12/10 1-0112%0 533 VIa Lido Soud Parking violation, vehicle blocking driveway Condition 9 No Violaff;m advised reporting art 11/13/10- Unable to independently verify 1115110- Per MSR, all drivers warned not 11/13110 11/13/10 533 Via Lido Soud Vehicle blocking neighbors driveway Condition No. 9 violation, Email to MSR to block neighbors' driveways 11113110 - No Violation; advised reporting 11/13/10 11/13/10 100 -102 Via Antibes Route plan violation Condition No. 13 party 11115 110 - Unable to independently verify 11/15/10 -Per MSR, all drivers warned not 11/15/10 11/15/10 533 Via Lido Soud Vehicle blocking neighbors driveway Condition No. 9 violation, Email to MSR to block neighbors driveways 11/15/10 11115110 533 Via Lido Soud Parking violation, vehicle blocking driveway Condition No.9 No Violation; advised reporting a 1. Garage not being utliized for parking 1. Condition No. 9 11115110 - Emall to MSR regarding parking 11/15/10- Email from MSR that all drivers 11/15/10 11/15/10 533 Via Lido Soud 2.Profanity 2. Condition No.10 requirements had been briefed on parking concems. 11/16/10 11/16/10 533 Via Lido Soud Route plan violation Condition No.5 No violation 11/17/10 11/17/10 533 Via Lido Soud Broken Sliding glass door Condition No. 19 Door was promptly replaced No action required 11122!10- Unable to independently verify 11/23110- Per MSR, all drivers warned 11/17/10 1176110 533 Via Lido Soud MSR vehicle double parked Condition No. 9 violation Email to MSR not to double park 11122 110 - Unable to Independently verify 11/23/10 -Per MSR, all drivers warned not 11119.12010 11/19/10 533 VIa Lido Soud MSR vehicle double parked Condition No. 9 violation Email to MSR to double park 1123 /W- Unable to independently verify 11/23/10 -MSR agreed to address 1123/10 11123/10 291ma Loa Ct Secondhand Smoke Condition No.9 violation, letter to MSR complaints 12/6110 -MSR contacted Schwans and requested that solicitation immediately 12/03/10 12/02/10 1533 Via Lido Soud Delivery after hours Condition No. 14 1216116Called /emall to MSR cease 12/03/10 12103/10 533 Via Lido Soud Vehicle blocking neighbors driveway Condition No. 9 12/6110 -MSR contacted Schwans and requested that solicitation immediately 12/03110 12/02/10 533 Via Lido Soud Delivery after hours Condition No. 14 1216110 - Called /email to MSR cease 1277/10- Per MSR, house manager held meeting with residents regarding quiet 12/04/10 12/04/10 533 Via Lido Soud Quiet hours violation Condition No. 12 12171100. Email to MSR hours 12r7/10- Per MSR, house manager held meeting with residents regarding quiet 12/06110 12/06/10 533 Via Lido Soud Quiet hours violation Condition No. 12 1277110 -Email to MSR hours 12r7/10 -Per MSR, house manager held meeting with residents regarding quiet 12/06110 12/06/10 533 Via Lido Soud Quiet hours violation Condition No. 12 1217110- Email to MSR hours 1. MSR vehicle parked facing wrong direction on Via Lido Soud 1. Condition No.9 115111- NOV and Small; discussed violation 12/27/10 12/25/10 533 Via Lido Soud 24 Delive on Sunday. 2. Condition No. 14 with Mr. Gates, 12011 -0009 No official res once from MSR General Complaint regarding after hours viskors and drop - 01/03/11 NIA 533 Via Lido Soud offs, loud voices Condition No.12 NIA N/A W pN 5 Morningside Recovery Complaint Loo 2011 Review 1.Secondhand smoke i.COnd @Ion No. 7 01104/11 01/04/11 533 Via Lido Soud 2. Resident talking loudly during quiet hours. 2.Conditlon No. 12 115/11- Email to MSR IMS. Bruce No official response from MSR 1/10/11- Email from Ms. Bruce stating that she had addressed the matter with 01/06/11 01/05/11 533 Ma Litlo Soud Clients talkina on dock until 9:30 p.m. Condition No. 12 117111- Email to MSR Ms. Bruce staff. 1110/11- Email from Ms. Bruce stating that she had addressed the matter with 01/06/11 01/06/11 $33 Via Lido Soud Delivery after 9:00 orn, Condition No. 14 117111- Email to MSR Ms. Bruce staff. 1/10A 1- Email from Ms. Bruce stating No Violation. Incident occurred after 8:00 that she had addressed the matter with 01/07111 01/07111 533 Via Lido Soud Clients talking on dock before 8:00 a.m. Condition No. 12 a.m. staff. 1/27/11- MSR policy change. Clients not 1. Clients talking on lower rear yard deck at 7:30 a.m. 1I.Condition No. 12 1. 1/26/11- Email to MSR (Ms. Bruce) allowed on decks and dock during Quiet 01123/11 01/23/11 533 Via Lido Soud 2. Possible delfivea on Saturday night 2.Condition No. 14 2. 1/31/11 -NOV issued 12011 -0109 Hours. 1127111- Discussed violation with Kyle Mamotie of MSR, lids on trash cans by 01/26/11 01/26111 4823 River Ave Refuse containers without lids Contlition No. 6 1/31111- NOV issued; 12011 -1116 end of day 1. Unable to detect secondhand smoke; Discussed complaint during quarterly 01/27/11 01/27/11 29 Ima Loa Ct Secondhand smoke Condition No. 7 Inspection on 127111 No official response from MSR 1/27/11 -MSR policy change. Clients not allowed on decks and dock during Quiet 0128/11 01/28/11 533 Via Lido Soud Clients talking on lower rear yard deck at 7:30 a.m. Condition No. 12 1. 1/31/11 -NOV issued 12011 -0109 Hours 218 /11- Citation issued and follow up email 01/31/11 01/31/11 533 Via Lido Soud Passenger van blocking Intersection Condition No. 9 sent to MSR 12011 -0133 No official response from MSR 2/8/11 - Citation Issued and folio. up email 02/04/11 02/04 /11 4823 River Ave Passenger van blocking sidewalk Condition No.9 sent to MSR.12011 -0138 No official response from MSR 2/811- Email to MSR regarding complaint 02/06/11 02/06/11 533 Via Lido Soud Client on dock before 8 a.m.. making noise Condition No. 12 (12011 -0140 ) No official response from MSR 2/6111- Email to MSR, 2 citations issued by 02/07/11 02106/11 14823 River Ave Passen er van blocking sidewalk Condition No. 9 PD (12011-0142) , No official response from MSR 3/10/11 -No Violation, Asked Ms. Bruce to 3 /11111 -Email from Candace Bruce, not 02/21/11 02121/11 3404 Via Lido Vehicles pArked in red zone Condition No. 9 Investigate one ofthe vehicles the truck an MSR vehicle or contractor 3111/11 -Email from Candace Bruce, staff 03101/11 03101/11 533 Via Lido SOud Late night delivery/drop delivery/drop off of clients Condition No. 14 312111 -No violation 12011 -0207 memberadvlsed Truck belonging to House Manager has out-of -state license 3/17/11- Email to RP with link to CHIP 03/08/11 03/08/11 533 Via Lido Soud plate NA website _ NA 3 /17 /11- Called Kyle Marcotte regarding license plate. 411111 -Email to Candace 03110/11 03/09/11 533 Via Lido Soud Vehicle blocking neighbors driveway. Condition No. 9 Bruce No official response from MSR 1. Secondhand smoke from garage 1. Condition No. 7 4/1111, 416/11 -Email to MSR regarding 03/16/11 03/16/11 533 Via Lido Soud 2. loud cell Phone conversation 2. Condtion No. 10 complaint No official response from MSR 1. Trash cans with no lids 1. Condition No. 6 3/8/11 -NOV issued for trash, damage to city 2. cigarette butts In planters 2. Condition No. 7 planter Is being Investigated by Public 3 /11 /11Emall from C. Bruce. Staff verified 03108/11 03/08/11 4823 River Ave 3. vans blocking sidewalk and damaging city lamer 3. Condition No.8 Works 12011 -0211) trash cans stored in garage. - Meeting with David Gates on 414/11; No 0329111 03/29/11 291ma Loa Ct Secondhand Smoke Condition No.7 3/30/11- Ins ectlon scheduled for 414/11 official response from MSR 420/1 1 -Under Investigation by MSR as 04/05/11 04/03/11 4823 River Ave Vehicle blocking Public sidewalk Condtion No. 9 04 111/1-Email to MSR Ms. Bruce vehicle does not bi to staff f((-NNL vl W Morningside Recovery Complaint Loa 2011 Review 1. Admin citation for cigarette butts (12011- 4120/11- MSR memo to residents I. Cigarette butts In planter 2. I. Condition No, 7 0352) regarding parking In PROW and proper 04/10/11 04/11/11 4823 River Ave Damage to City Planter by MSR vehicles 2. Condition No. 19 2. NOV for City planter disposal of cigarette butts 4 /21111 - Compliance Review Report 04/14/11 04/14/11 NA Failure to submit Compliance Review Report NA 4114111 -NOV Issued to MSR 12011 -0358 Submitted by MSR 420111- Memo from MSR to residents of 04/14/11 04/14111 4823 River Ave Vehicle blocking public sltlewalk Condition No.9 4120 /11 -NOV Issued 12011 -0363 the facility regarding arkin 4120/11- Memo to resident Changing 420111 -Met with Brian Burke at MSR smoking policy, one person smoking at a 04/15/11 04115/11 291ma Loa Ct Secondhand smoke Condition No.7 retiandinq complaint time 4125111 -Memo from MSR to staff and 1. Parking violation 2. 1. Condition No. 9 1. NOV Issued (12011 -0492) 2. clients regarding parking and disposal of 04/21/11 04121111 533 Via Lido Soud cf arette butts in street 2. Condition No. 7 Discussed violation with MSR cl arette butts 425111- Admin citation Issued for NBMC 4125111- Memo from MSR to staff and 04/22/11 04/22/71 4823 River Aver Parking in front yard setback and City Planter Condition No. 9 20.40.090C 1 12011 -0409 residents rekiardlnq oarkIng 5113111- Confirmed violation, Admin citation 5/18/11- Letter from MSR disputing 0422/11 0422111 533 Via Lido Soud After hours delivery Condition No. 14 Issued. 12011 -0501 violation 5113111- Confirmed violation, Admin citation 5118/11- Letter from MSR disputing 0425/11 04119/11 533 Via Lido Soud After hours delivery Condition No. 14 Issued. 12011 -0507 violation 4/25/11- Memo from MSR to staff and 0426/11 04104/11 4823 River Ave Vehicle blocking sltlewalk Condition No. 9 4128111 -Admin citation issued. 12011 -0418 residents regarding arkin 5/13111- Confirmed violation, Admin citation 04/30/11 04/29/11 533 Via Lido Soud Quiet hours violation Condition No. 12 issued. 12011 -0502 ' 515111- Field test, Verified complaint. 5113111- Letter to MSR regarding 5/18/11- Memo from MSR to staff and 05/01/11 05/01/11 29 line Loa Ct Secondhand Smoke Condition No. 7 secondhand smoke residents regarding arkin 5/18/11- Letter from MSR disputing 05/13111 05/13/11 100.102 Via Antibes Quiet hours violation Condition No. 12 5113111 - Admin citation Issuetl 12011 -0503 violation 05/15/11 05/15/11 533 Via Lido Soud Quiet hours violation Condition No. 12 Under Investigation Prior 05/16/11 week 291ma Loa Ct Secondhand Smoke Condition No. 7 5119111 - Email to MSR regarding complaint 5/25/11 -NO official response from MSR 05117/11 05/17/11 533 Via Lido Soud After hours delivery Condition No. 14 Under Investigation 5/19/11- Unable to verify violation. Email to 05/19111 05119111 100.702 Via Antibes Secondhand Smoke Condition No. 7 MSR regarding complaint. 5125/11• No official response from MSR 0523/11 05/23/11 29 Ima Loa Ct Secondhand Smoke Condition No. 7 Under Investigation 05/23/11 05/23/11 3404 Via Lido Unsafe driving NA Under Investigation 0524/11 0524/11 533 Via Lido Soud After hours delivery Condition No. 14 Under Investigation J' 154 13O City Council Attachment G Vicinity Maps of Morningside Facilities 150 Ise r s � / M1M1 t VICINITY MAP 4823 A & B River Avenue Ny M1 Subject Property t M1p 4Q f,§) /" � raj I Ill V% 4i 257 !Ls ° 152 140 15J 2.42 1100 142 101 14S 102 144 VIGINIIY MAP 533 Via Lido Soud :Los 1-4-5 104 140 City Council Attachment H All Communication, NOV's and Administrative Citations issued to Morningside to date 105 14j 100 142 Communication to /from City of Newport Beach & Morningside re: 533 Via Lido Soud q -107 2tf. q 102 150 0 .. .. PLANNING DEPARTMENT November 2, 2010 Momingside Recovery, LLC 3421 Via Oporto, Suite 200 Newport Beach, CA 92663 Dear Ms. Bruce, Thank you for allowing the City to inspect your facilities today. Based upon the City's investigation, It has been determined that Momingside Recovery, LLC ( "MSR ") is in violation of certain operating conditions required by Zoning Agreement ( "ZA") No. DA2010 -001. The City would appreciate your prompt cooperation and attention to remedy these violations. Enclosed, you will find five Notices of Violations pertaining to violations of the Operational Conditions in the ZA. The violations noted above were based upon the following conditions and observations by City staff: Condition No. 1- Occupancy Level. MSR is limited to a total of 30 Client Beds In the Peninsula Zone and 36 Client Beds In the City. Staff determined that there are 33 Clients Beds in the Peninsula Zone and 39 Client Beds in the City. Please reduce your Client Bed count to be in compliance with the above requirements. Condition No. 8- Parking. Garages and other parking spaces at MSR facilities must be kept clear, unobstructed and available for parking. Staff determined that the garage parking spaces at 100 -102 Via Antibes were not accessible for parking. Staff found that one garage space at 29 Ima Loa Court was partially obstructed, Please remove all storage from the above mentioned garages so that they can be utilized for parking at all times. Condition No. 9- MSR must ensure that loading and unloading of passengers shall occur only in open parking spaces or garage spaces. Van drivers are prohibited from stopping or double parking in a traffic lane to load and unload passengers. City Staff observed vans parked in a traffic lane and/or parked within a red curb (Fire Lane) zone for the. purpose of loading passengers on multiple occasions. Please ensure MSR van drivers only allow loading and unloading of passengers in open parking spaces or garage spaces. Condition No. 13- MSR shall adhere to the Route Plans for transport of its staff, residents, clients, and customers. The Route Plans for all MSR facilities are found in Exhibit 5 of the ZA. Staff observed MSR vans utilizing a route not approved in the Route_ Plans in Exhibit 5. Specifically, MSR vans were observed utilizing Via Oporto to pick up and transport clients. Please ensure MSR van drivers adhere to the Route Plans for the transportation and pick up of clients. 3300 NekTort Boulevard • Post Office Box 1768 • Newport Beach. California 92658.8915 Telephone (949) 644.3200 - Fax: (949) 644 -3229 • www.city.newport- beach.cams 10j In addition to the above mentioned violations, the City has received complaints regarding certain activities and conditions at the MSR facility located of 533 Via Lido Soud, which if found to be true would not be in compliance with the Operational Condit ons —'l!— found n Exhibit 1. At this time, the City is not making any determinations regarding the complaints. The City is merely bringing these complaints to your attention and seeking your cooperation in addressing the following issues: 1. Second Smoke- Condition No. 7 of the ZA prohibits smoking in an area from which secondhand smoke may be detected on any parcel other than parcel upon which the use is located. MSR shall make good faith best efforts to contain secondhand smoke within the lot line of the subject property. 2. Client Transport- Condition No. 9 requires that the loading and unloading of passengers shall only occur in a garage or open parking spaces. MSR shall not load/ unload passengers in the street or block other property owners' driveways when loading/unloading passengers. 3. Quiet Hours- Condition No. 12 establishes quiet hours from 9:00 p.m. to 8:00 a.m. MSR shall strictly enforce the quiet hours by ensuring that all noise from client activities and conversations are not audible beyond the perimeter of the facility. Please be advised that the City's Planning Department is currently undertaking a review to determine If MSR's use of the premises at 3404 Vie Lido is in compliance with the City's Zoning Code. To this end, we would request that you schedule an appointment with the City's Acting Planning Director James Campbell to further discuss the use of the property. Mr. Campbell can be reached at (949)644 -3200. In an effort to verify that all of the above mentioned violations have been corrected, an inspection of all MSR facilities must be made no later than Friday, November 5, 2010. The City sincerely appreciates MSR's cooperation In resolving these Issues and correcting the violations. The City intends to continue working together with MSR to fully Implement the ZA. To discuss this letter or to arrange for your inspection appointment, you should contact Matt Cosylion between the hours of 8:00 to 9:00 a.m. or 4:00 to 5:00 p.m. at (949) 644 -3217, Sincerely, Matt Cosylion Senior Code Enforcement Officer cc: Dave Kiff, City Manager David Hunt, City Attorney James Campbell, Acting Planning Director 1j 0 2�2 Cosylion, Matt From: Cosylion, Matt Sent: Tuesday, November 09, 2010 4;49 PM To: 'Candace Bruce' Subject: 533 Via Lido Soud- Notice of Violation Attachments: Document.pdf; Notice of Violation.pdf Good Afternoon Candice, As you are aware, the City has received complaints regarding secondhand smoke from Morningside Recovery's facility at 533 Via Lido Scud. The complaints have alleged that secondhand smoke can be detected on adjacent properties. Condition No. 7 of the ZA requires that secondhand smoke be contained on 533 Via Lido Scud, Last night, in response to complaints about secondhand smoke, I verified that secondhand smoke can be detected from adjacent properties. From approximately 5 :00 p.m. to 6:00 p.m:, I observed several clients smoking at the end of the dock at 533 Via Lido Soud. The secondhand smoke was detected from a neighboring property, specifically from a dock. As required by Condition No. 7, MSR shall make good faith best efforts to contain the secondhand smoke within the lot line of 533 Via Lido Scud. I recommend that MSR review when and where clients smoke at 533 Via Lido Scud and make any necessary changes so that MSR is in compliance with Condition No. 7 of the Zoning Agreement. Please note that further violations of Condition No. 7 will result in the Issuance of administrative citations. Lastly, the City has received several complaints regarding delivery trucks blocking the driveways of adjacent properties. Please note that it is a violation of California Vehicle Code Section 22500 to block the driveway of a residential property other than your own. Please notify all staff and delivery companies that they may be issued a citation by the Newport Beach Police Department should they observe a violation of this section. The picture below was taken on or about October 26. Thanks.. 2�3 Matt Cosylion Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd, Newport Beach, Ca 92663 ph.(949) 644 -3217 fax:(949) 718 -1840 2 1� -2 154 P 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH,CA,92663 12010.1172 1110, 912010 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 1110012010 revealed -a violalion(s) -of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED [ ) FINAL WARNING F! j THIS'D "VtOtATI ON( S) WAS ORIGINALLY:BROUGHT TQ�YOURATTENTION ON AND YOU HAVE NO COfiRGCTED' "OR= RESOLVED=THE- VIOL-"gTION(S) -. .. .. NEWPORT BEACH MUNICIPAL CODE SECTION(S)1 DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONISI`REOUIRL:D`- 1. AS REQUIRED BY CONDITION NO: 7 OF ZONING AGREEMENT NO, DA2010 -001, NO CLIENTS, GUESTS, STAFF, OR ANY OTHER USERS OF 533 VIA LIDO SOLID MAY SMOKE IN AN AREA FROM WHICH THE SECONDHAND SMOKE MAY BE DETECTED ON ANY PARCEL OR PROPERTY OTHER THAN 633 VIA LIDO SOLD. 2. MORNINGSIDE RECOVERY SHALL MAKE GOOD FAITH BEST EFFORTS TO CONTAIN SECONDHAND SMOKE GENERATED BY PATIENTS, CLIENTS, CUSTOMERS, AND /OR STAFF. THIS VIOLATION MUST BE CORRECTED ON OR BEFORET"60.r4 if the violation is not corrected by the date specified, an ADMINISTRA71VE CITATION may be issued and penalties will begin to accrue ($700.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized -to correct this violation(s), A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER f'Y%�1T c�Sy'G.'usc% SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 1515 NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE & Water Quality Enforcement 3300 Newport Blvd. - -" ` - Newport Beach, CA 92663 949 -644 -3216 Number: Date: Name of Owner or Business: MORNINGSIDE RECOVERY P 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH,CA,92663 12010.1172 1110, 912010 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 1110012010 revealed -a violalion(s) -of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED [ ) FINAL WARNING F! j THIS'D "VtOtATI ON( S) WAS ORIGINALLY:BROUGHT TQ�YOURATTENTION ON AND YOU HAVE NO COfiRGCTED' "OR= RESOLVED=THE- VIOL-"gTION(S) -. .. .. NEWPORT BEACH MUNICIPAL CODE SECTION(S)1 DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONISI`REOUIRL:D`- 1. AS REQUIRED BY CONDITION NO: 7 OF ZONING AGREEMENT NO, DA2010 -001, NO CLIENTS, GUESTS, STAFF, OR ANY OTHER USERS OF 533 VIA LIDO SOLID MAY SMOKE IN AN AREA FROM WHICH THE SECONDHAND SMOKE MAY BE DETECTED ON ANY PARCEL OR PROPERTY OTHER THAN 633 VIA LIDO SOLD. 2. MORNINGSIDE RECOVERY SHALL MAKE GOOD FAITH BEST EFFORTS TO CONTAIN SECONDHAND SMOKE GENERATED BY PATIENTS, CLIENTS, CUSTOMERS, AND /OR STAFF. THIS VIOLATION MUST BE CORRECTED ON OR BEFORET"60.r4 if the violation is not corrected by the date specified, an ADMINISTRA71VE CITATION may be issued and penalties will begin to accrue ($700.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized -to correct this violation(s), A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER f'Y%�1T c�Sy'G.'usc% SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 1515 Cosylion, Matt From: Sent: To: Cc: Attachments: Good Afternoon Candace, Cosylion, Matt Wednesday, November 10, 2010 3:32 PM 'Candace Bruce' Wolcott, Cathy; Rowan, Kyle Document.pdf Thank you for allowing the City to inspect MSR's facilities on Friday, November 5. As I discussed with Kyle and you, the City Planters at 4823 River Ave must be kept free of cigarette butts and trash at all times. I think that by requiring residents to smoke in the rear yard this problem may be resolved. Should residents continue to smoke in front of the garage, it is MSR's responsibility to ensure that they do not dispose of cigarette butts in the planters. Attached to this email is a Notice of Violation for the cigarette butts in the City planters. Please let me know when I can inspect the garage at 29 Ima Loa Court. Lastly, the City continues to receive complaints regarding secondhand smoke from Morningside Recovery's facility at 533 Via LidoSoud. =As you are aware, Condition No. 7 of the ZA requires that secondhand smoke be contained on 533 Via Lido Soud. As required by Condition No. 7, MSR shall make good faith best efforts to contain the secondhand smoke within the lot line of 533 Via Lido Soud. I recommend that MSR review when and where clients smoke at 533 Via Lido Soud and make any necessary changes so that MSR is in compliance with Condition No. 7 of the Zoning Agreement. Please note that further violations of Condition No. 7 will result in the issuance of administrative citations. Thanks. Matt Cosylion Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644.3217 fax.(949) 718 -1840 Cosyllon, Matt From: Candace Bruce (candace @momingsiderecovery.com) Sent: Monday, November 15, 2010 3:48 PM To: Cosyllon, Matt Cc: Mary Helen Beatiflcato Subject: FW: Parking Issue Attachments: Navigator in front of neighbor.jpg; photo.jpg Matt after verifying with our staff that no one "parked" here, and after careful review of the image, I wonder if the driver is simply pulling forward In front of our property. It makes no sense that they would park there when there is an open area in front of our house, which is generally the area our drivers would use. The other image attached is not one of our cars. From: Cosyllon, Matt rmallto:MCos o Calnewportbeachca.00vl Sent: Monday, November 15, 2010 2:44 PM To: Candace Bruce Subject: Parking Issue Good Afternoon Candace, As we discussed, the City has received complaints that vehicles believed to be associated with Morningside Recovery are parking in front of the driveways at 535 and 537 Via Lido Soud, blocking access to the garages. Attached to this email are pictures of the latest Incidents for your review. Please note that it is a violation of California Vehicle Code Section 22500 (e) to stop, park, or leave standing any vehicle whether attended or unattended in front of a driveway. The Newport Beach Police Department will issue citations and may tow the vehicles if they observe a violation of this section. You are strongly encouraged to notify all van drivers, staff, and visitors not to park or stop In front of driveways of other properties even if it Is for "Just a second." Please respond to this email by forwarding to me any documentation that MSR staff and van drivers have been notified of this Issue. You also mentioned that there has been a change In the smoking policy at 533 Via Lido Soud. Can you send me an email with the specifics of that policy change. This Information will be helpful to show that MSR is attempting to correct a violation of the zoning agreement. Thanks. Matt Cosyllon Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd, Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 Z Cosyllon, Matt From: Candace Bruce [candace@momingsiderecovery.coml Sent: Monday, November 15, 2010 3:28 PM To: Cosyllon, Matt Cc: Mary Helen Beatificato Subject: RE: Parking Issue I have sent a notice to ALL Staff addressing these issues. From: Cosyllon, Matt rmallto :MCosvllon(&newnortbeachca.aov2 Sent: Monday, November 15, 2010 2:44 PM To: Candace Bruce Subject: Parking Issue Good Afternoon Candace, As we discussed, the City has received complaints that vehicles believed to be associated with Morningside Recovery are parking In front of the driveways at 535 and 537 Via Lido Soud, blocking access to the garages. Attached to this email are pictures of the latest incidents for your review. Please note that it is a violation of California Vehicle Code Section 22500 (e) to stop, park, or leave standing any vehicle whether attended or unattended in front of a driveway. The Newport Beach Police Department will Issue citations and may tow the vehicles If they observe a violation of this section. You are strongly encouraged to notify all van drivers, staff, and visitors not to park or stop in front of driveways of other properties even If it is for "just a second." Please respond to this email by forwarding to me any documentation that MSR staff and van drivers have been notified of this issue. I You also mentioned that there has been a change in the smoking policy at 533 Via Lido Soud. Can you send me an email with the specifics of that policy change. This information will be helpful to show that MSR is attempting to correct a violation of the zoning agreement. Thanks. Matt Cosyllon Senior Code & Water quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 15g Cosyllon, Matt. From: Candace Bruce [candaceQa momingsiderecovery.com] Sent: Tuesday, November 23, 2010 2:46 PM To: Cosyllon, Matt Subject: RE: 533 Via Lido Soud- Incident Report All drivers denied this occurrence; however, all staff were notified that double parking is prohibited and traffic laws must be obeyed. Thanks, Candace From: Cosyllon, Matt rmallto :MCosvllon(alnewnortbeachca.aovl Sent: Monday, November 22, 2010 12:01 PM To: Candace Bruce Subject: 533 Via Lido Soud- Incident Report Good Morning Candice, Last week, I received a complaint regarding a Lincoln Navigator (CA plate # SEWT080) double parked on Via Lido Soud (near 533 Via Lido Soud) on Tuesday, November 16 at 6:27 PM. A young man wearing a baseball hat was observed getting out of the passenger side of the vehicle and entering 533 Via Lido Soud. As a reminder, Condition No. 9 of the Zoning Agreement prohibits van drivers from stopping or double- parking in a traffic lane to load and unload passengers. Loading and unloading of passengers should only occur in the garage or other open parking space. Please remind all van drivers that they must obey all traffic laws including not stopping or double - parking in a traffic lane. Please notify the City what measures Morningside Recovery will take to prevent further incidents. Please notify the City if this vehicle is not associated with Morningside Recovery. Thanks. Matt Cosyllon Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 7184840 177 Cosylion, Matt From: Sent: To: Subject: Attachments: 'Good Afternoon Candace, Cosyllon, Matt Monday, December 06, 2010 1:09 PM 'Candace Bruce' Food Delivery Service Truck photo.lpg To follow up on our telephone conversation, I've attached a picture of the food delivery truck that was parked in front of 533 Via Lido Soud on Friday at approximately 5:40 p.m. Does Morningside Recovery have food /meals delivered to 533 Via Lido Soud using Schwan's? If not, can you find out if clients or staff members at 533 Via Lido Soud are having food /meals delivered by Schwan's? If Morningside Recovery or a client or staff member Is using Schwan's, please request that the delivery drivers park in an open parking space, In the garage of 533 Via Lido Soud, or in front of the driveway to the garage. It's difficult to tell from this picture but it appears that the truck may be partially blocking the driveway at S35 Via Lido Soud. Thank you for your prompt attention to this matter. Matt Cosyllon Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 2�0. Cosylion, Matt From: Cosyllon, Matt Sent: Monday, December 06, 201 D 4:57 PM To: 'Candace Bruce' Subject: RE: Food Delivery Service Truck Attachments: image001.Jpg Candace, Is the email below from your house manager? I recommend that you call Schwan's and request that the delivery truck stop visiting the house. Visit www.schwans.com for more information. To document this action, I would email Schwans and either copy me or forward the email to me. Thanks. How often do I have to order? There is no requirement to order with any routine, however your Customer Service Manager will stop by your home generally every two weeks (unless you specified differently) to see if you have any needs. Ordering online or over the phone Insures that the items you want will generally be available on your service dale. How do I permanently stop my Customer Service Manager from stopping at my door? Schwan's Home Service provides delivery service right to your door to make shopping for food more convenient. Our goal Is to always please our customers, but If you want to slop Schwan's Home Service delivery trucks from visiting you going forward, please call us at 1- 888 - SCHWANS (1- 888 - 7249267). Alternatively, you may want to consider changing your delivery service frequency to have the truck slop only when you place an order. Go to "My Account" then "Delivery Preferences" and choose the "Delivery service only when I place an ordet' selection to get food only when you place an order, versus being serviced on a regular route schedule. Matt 644 -3217 From: Candace Bruce f malito: candacefalmornlnnsiderecovery .coml Sent: Monday, December 06, 2010 3:20 PM To: Cosylion, Matt Subject: FW: Food Delivery Service Truck See Below _--- __..- .........._... ... - - - -- -- - — From: ODAT11003*aol.com [mallto:ODAT11003Cc@aoI.com1 Sent: Monday, December 06, 2010 3:10 PM To: candace(o)morningsiderecpverv.mm Subject: Re: Food Delivery Service Truck No.. He makes sales calls and leaves stuff while we are not here.. This is the second time this was an Issue. I have never seen a Schwan's guy so annoying. We have not or will not ever order from Schwan's.. Mark is anyone there ordering food and having it delivered to the house? Best regards, Candace Sent from my (Phone Begin forwarded message: From: "Cosylion, MatC'<MCosylion@newportbeachca.gov newoortbeachca.aov> Date: December 6, 2010 1:08:33 PM PST To: "Candace Bruce" < candace (cDmorninasiderecoverv.com> Subject: Food Delivery Service Truck Good Aftemoon Candace, To follow up on our telephone conversation, I've attached a picture of the food delivery truck that was parked in front of 533 Via Lido Soud on Friday at approximately 5:40 p.m. Does Momingside Recovery have food/meals delivered to 533 Via Lido Soud using Schwan's? If not, can you find out if clients or staff members at 533 Via Lido Soud are having food/meals delivered by Schwan's? If Momingside Recovery or a client or staff member is using Schwan's, please request that the delivery drivers park in an open parking space, in the garage of 533 Via Lido Soud, or in front of the driveway to the garage. It's difficult to tell from this picture but it appears that the truck may be partially blocking the driveway at 535 Via Lido Soud. Thank you for your prompt attention to this matter. Matt Cosylion Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 z ig0 1( : Cosylion, Matt From: Candace Bruce l eandace @Morningsiderecovery.comJ Sent: Monday, December 06, 2010 5:20 PM To: email.us @schwanscontact.com Cc: Cosylion, Matt Subject: STOP Soliciting our business residence Attachments: image001.jpg Your drivers continue to stop at our business residence at 533 Lido Soud, Newport Beach, CA 92663 to solicit our business. We are not interested in your services. Our employee asked your driver to stop parking in front of our property and not to return to this address; however, he continues to do so. Due to the nature of our operation and agreement with the city in which we operate, your parking in front of our garage causes a breach of contract that can damage our company. Please confirm receipt of this email and action taken to prohibit your drivers from soliciting our business residence. Regards, Candace L. Bruce Chief Executive Officer 3421 Via Oporto, Suite zoo Newport Beach, CA 92663 . Tel 949.675.0006 Fax 949.675.0007 www,morningsiderecovery.com Morningside 1d2 2�4.. Cosylion, Matt From: Candace Bruce [ candace @morningsiderecovery.comj Sent: Friday, December 10, 2010 3:03 PM To: Cosyllon, Matt Cc: Wolcott, Cathy Subject: RE: Quiet Hours- 633 Via Lido Scud On 12/7/10 the house manager had a meeting with all residence and reported: Had a house meeting tonight and It's sole purpose was to address the code enforcement officer letter. Read the letter and the whole house understands and is on board to support compliance. From: Cosylion, Matt Cmdilto :MCosvlionOnewportbeachca.aovl Sent: Tuesday, December 07, 2010 9:46 AM To: Candace Bruce Cc: Wolcott, Cathy Subject: Quiet Hours- 533 Via Lido Scud Candace, Over the weekend and last night, I received several complaints regarding loud conversations at 533 Via Lido Saud during the "Quiet Hours" time period of 9:00 p.m. to 8:00 a.m, The following incidents were reported to the City: 1. 12/4: Client or staff member talking on his cell phone on the second floor deck at approximately 10:40 p.m. 2. 12/4: Client(s) talking on the dock landing at approximately 11:15 p.m. Client is reported to be discussing whether he want wants to stay at the facility and requesting a meeting the next morning to discuss the matter. 3. 12/5- Client(s) talking on the dock after 10 pm. 4. 12/6- "Visitors" arrive at 533 Via Lido Saud in SUV at approximately 9:15 p.m. Conversations and laughter can be heard until the visitors left at approximately 9:25 p.m. S. 12/6- "Visitor" arrives at 533 Via Lido Soud. This person was heard talking Into a "walkie talkie." As you are aware, Condition No. 12 of the ZA requires that MSR "enforce the Quiet Hours of 9:00 p.m. to 8:00 a.m. Quiet means noise, including music, television, and voices, is not audible beyond the perimeter of the facility except in a demonstrable emergency." Please review the incidents above and advise the City what steps MSR has or will take to prevent future complaints of violations of "Quiet Hours" at 533 Via Lido Saud. Thanks. Matt Cosylion Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd.. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 ' 1g3 Z�� Co"sylion, Matt From: Cosyllon, Matt Sent: Wednesday, January 05, 20114:24 PM To: 'Candace Bruce' Cc: Wolcott, Cathy Subject: 533 Via Lido Soud Attachments: photo (2).jpg; photo (3).jpg; Photo (5).jpg; photo (4).jpg; photo (1):jpg; Document.pdf Good Afternoon, Ms. Bruce. This week two complaints were filed with the City regarding 533 Via Lido Soud: This afternoon I discussed the complaints with Mr. Gates, and I am sending this email to you as a follow up to that discussion. I've attached photos for your review .and a copy of the Notice of Violation that has been issued to Morningside Recovery. t The first complaint is regarding an Incident that occurred on December 26, 2010. On this date, the GMC Denali used to transport clients was parked facing the wrong way on Via Lido Soud (see photos No. 1.4). As you are aware, Condition No. 9 of the ZA requires that client drivers respect all City rules regarding parking and /or stopping and waiting to load residents. Please remind client drivers and staff that all vehicles must be legally parked or they may be Issued a parking citation by the Newport Beach Police Department. The second complaint involves a client at 533 Via Lido Soud, who may be new to the facility. Yesterday, this individual was observed smoking in the side yard adjacent to 535 Via Lido Soud while carrying on a loud conversation on his cell phone (See Photo No. 5). This same client was observed talking on his cell phone on the dock after 9:00 p.m. He went into the house around 9:30 p.m. As you are aware, Condition No. 7 requires that secondhand smoke be contained within the lot line of the property and not detectable from other properties. Condition No. 11 requires that the 'Quiet Hours' of 9:00 p.m. to 8:00 a.m. be enforced. Please remind clients at 533 Via Lido Soud that they should only smoke in an area where secondhand smoke cannot be detected from other properties and to be respectful of their neighbors at all times Including 'quiet hours.' Recently, we discussed complaints regarding the parking of vehicles on the street in front of the garage at 533 Via Lido Soud. This has been a source of complaints from residents who find that vehicles parked in this location are a safety concern because the vehicles block the view of oncoming traffic. Based on our conversation, it was my understanding that all MSR drivers, including the house manager and facility staff would be instructed to park in the garage. Has that policy been implemented? Those individuals who have filed complaints regarding this issue would deeply appreciate it. Thank you in advance for assistance in resolving these complaints. Feel free to contact me should you have any questions or concerns. Sincerely, Matt Cosylion Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd, Newport Beach, Ca 92663 ph.(949) 644 -3217 fax,(949) 718 -1840 1�0� y1 \YQ' NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE & Water Quality Enforcement 3300 Newport Blvd. Newport Beach, CA 92663 949644 -3215 Number: Dale: Name of Owner or Business MORNINGSIDE RECOVERY 3421 VIA OPORTO #200 NEWPORT BEACH,CA,92663 2011.0009 01105120,11 An inspection of premises located at 633 VIA LIDO SOUD NB In the City of Newport Beach, on 12/26/2010 revealed a violalion(s) of ilia Newport Beach Municipal code. WARNING ONLY (� PREVIOUSLY ADVISED ( ] FINAL WARNING f�] TNIS_VIOIATI.PN(S)WAS ORIGINALLY; BROUGHTTOYOURATTENTIONON AND�YCUHAVE;NOTc CORAECTED.OR'RE90LVED THE ViOCATIDN(6) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION (S 1 R E Q U IR E D 1. AS REQUIRED BY CONDITION NO.9 OF ZONING AGREEMENT NO, DA2010.001, MSR VAN DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING ANDIOR STOPPING AND WAITING TO LOAD RESIDENTS. DRIVERS MUST ENSURE THAT ALL VEHICLES ARE LEGALLY PARKED, 2. AS REQUIRED BY CONDITION NO. 14 OF ZONING AGREEMENT NO. DA2010.001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. THANK YOU. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE T/1 1!22, if the violation Is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100,00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER / /�I/T CO //SYl . -r SIGNATURE OF OFFICER VIOLATION($) CLEARED AS OF (DATE INSPECTED) OFFICER ID N 0309 :LOT 125 Cosylion, Matt From: Candace Bruce jcandace @morningsiderecovery.comj Sent: Monday, January 10, 2011 10:20 AM To: Cosylion, Matt Cc: Wolcott, Cathy Subject: RE: 533 Via Lido Soud I have notified the house manager about the talking on the dock and the driver about dropping off the mall. From: Cosyllon, Matt rmallto :MCosyllon(alnewportbeachca.aovl Sent: Friday, January 07, 20115:24 PM To: Candace Bruce Cc: Wolcott, Cathy Subject: 533 Via Lido Soud Good Afternoon Candace, Since my email to you on Wednesday afternoon, I have received two additional complaints regarding 533 Via Lido Saud. On Wednesday night, residents /staff of the facility were observed talking on the dock until 9:45 p. m. As you are aware, Condition No. 12 states, "Operator shall enforce the Quiet Hours of 9:00 p.m. to 8:00 a.m. dally to its patients, clients and customers occupying beds in its facility. Quiet means noise, including music, television, and voices, Is not audible beyond the perimeter of the facility except In a demonstrable emergency." Please remind all staff, clients, and visitors to the facility of the Quiet Hours' restrictions. On Thursday night, the driver of a black SUV was observed carrying a package Into 533 Via Lido Saud at approximately 9:50 p.m. The driver was seen leaving the facility shortly after. Please remind staff that deliveries to the facility are only permitted during weekdays between the hours of 9:00 a.m. to 5:00 p.m. (Condition No. 12 of the ZA). At this time, the City is not making a determination regarding these complaints. The City is bringing these concerns to your attention and seeking your cooperation in addressing them. Thanks. Matt Cosylion Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 14C flog Cosyllon, Matt From: Cosyllon, Matt Sent: Wednesday, January 26, 2011 12:18 PM To: 'Candace Bruce' Cc: Wolcott, Cathy Subject: 533 Via Lido Soud- Complaints Attachments: photo.jpg Good Afternoon Candace, On Sunday morning (1/23/11), 1 received two complaints regarding a loud conversation between two male residents that started at approximately 7:30 a.m.-(see attached picture). Additionally, I received a complaint that a delivery was made to the facility on Saturday night at approximately 9:40 p.m. The "delivery" vehicle was described as a Ford Explorer with an out -of -state license plate ($IS 790). The driver of the vehicle left the lights to the vehicle on while dropping off a small package at the facility. As you are aware, Condition No. 12 of the Zoning Agreement states, "Operator shall enforce the Quiet Hours of 9:00 P.M. to 8:00 a.m, daily to Its patients, clients and customers occupying beds in its facility. Quiet means noise, Including music, television, and voices, is not audible beyond the perimeter of the facility except in a demonstrable emergency" and Condition No. 14 states, "Staff members in their private vehicles may deliver business products and other packages and goods to the facility during weekdays between the hours of 9:00 a.m. to 5:00 p.m." As you know, the City recently received complaints about loud conversations during the 'Quiet Hours' and deliveries to 533 Via Lido Soud on the weekend, Although a determination has not been made regarding these complaints, the City is seeking MSR's cooperation In addressing these concerns. Please contact me so that we can discuss what measures MSR will take to prevent future Incidents from occurring. Because of the repetitive nature of the complaints, I am copying the Office of the City Attorney on this email. Thank you. Matt Cosyllon Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 �g� Morningside January 27, 2011 <: r To: All Lido Soud Residents From: Kyle Marcotte Please note that the use of the balconies and the Docks at 533 Lido Soud Newport Beach, CA 92663 will be unavailable from the hours of 9pm through 8am. At no time are residents permitted on the balconies between these times. Thank you in advance for your cooperation and understanding. Cordially, Kyle Marcotte operations Director Morningside Recovery 122 170 �Qw>'oR ca o NOTICE OF VIOLATION N, CITY OF NEWPORT BEACH CODE & Water Quality Enforcement c�CrFUP�" 3300 Newport Blvd. Newport Beach, CA 92663 949.644.3216 Number: Dale: Name of Owner or Business; MORNINGSIDE RECOVERY 3421 VIA OPORTO, STE 200 NEWPORT BEACH,CA,92663 2011 -0109 01/31/2011 An Inspection of premises located at 533 VIA LIDO SOUD NB in the City of Newport Beach, on 01/2312011 revealed a viola0on(s) of the Newport Beach Municipal code. WARNING ONLY (/] PREVIOUSLY ADVISED FINAL WARNING ' 1iV10 T�0 § i 0 ,0�] R UO TTOyYbl2RATTENTfbf�j0„ N + +�'���'as'P`LU!'AMD'tOUHAVENQT ` +i3 ` NEWPORT BEACH MUNICIPAL CODE SECTION($) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.60.020H, VIOLATION OF USE PERMIT ad fiEftdNISPA15 01121 1. AS REQUIRED BY CONDITION 12 OF EXHIBIT 1 TO ZONING AGREEMENT 2010 -001, MORNINGSIDE RECOVERY SHALL ENFORCE THE QUIET HOURS OF 9:00 P.M. TO 8:00 A.M DAILY TO ITS PATIENTS, CLIENTS, AND CUSTOMERS OCCUPYING BEDS IN THIS FACILITY. QUIET MEANS NOISE, INCLUDING MUSIC, TELEVISION, AND VOICES, 13 NOT AUDIBLE BEYOND THE PERIMETER OF THE FACILITY EXCEPT IN A DEMONSTRABLE EMERGENCY. 2.CONTINUED VIOLATIONS OF THIS CONDITION WILL RESULT IN FURTHER ENFORCEMENT ACTION INCLUDING ADMINISTRATIVE CITATIONS, THANK YOU THIS VIOLATION MUST BE CORRECTED ON OR BEFORE re the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be Issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICERlJ� VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 -1 2�2 Cosyljon, Matt From: Candace Bruce jcandace @momingsiderecovery.com] Sent: Tuesday, February 01, 20115:16 PM To: Cosyllon, Matt Subject: FW: Men's Lido Attachments: Trash Day.Jpg Hi Matt, Here (attached) is a picture of our new trash cans .... the others are our neighbors, O Candace t ��o 2�� Cosvifon. Matt From: Cosylion, Matt Sent:. Tuesday, February 08, 2011 12:05 PM To: 'david @morningsiderecovery.com' Subject: FW: Supplemental Information on Administrative Citations Attachments: 4823 River Ave -Admin Citation.pdh, 533 Via Lido Saud Admin Citation.pdh, 4823 River Ave, 2- 4.11.jp9; 533 Via Lido Saud 1.31- 11.Jpg; 533 a o oud(b) 1- 31.11.jpg; 533 Via Lido Soud, 2 -6 -1 fi1p'- g;a1$� Povorr ve, 2- 6.11.pdf, Mr. Gates, I sincerely apologize. The date of the violation for Violation 3 was Sunday, February 6, 2011 at 7:30 a.m. Thank you. Matt 644.3217 From: Cosylion, Matt Sent: Tuesday, February 08, 201112:03 PM To: 'david @momingslderecovery.com' Cc: Wolcott, Cathy Subject: Supplemental Information on Administrative Citations Good Afternoon Mr. Gates, Thank you for taking the time to meet with me regarding the recent violations of the Zoning Agreement. As we discussed; it is imperative that Morningside Recovery take all necessary steps to prevent future violations from occurring. I've Included additional Information regarding the violations that occurred last week as you requested. Please let me know if you need additional information. �Violation 1- 533 Via Lido Soud. Vehicle (Plate No. SEWT080) was parked partially blocking the intersection of Via Nice at approximately 1:50 p.m, on January 31, 2011. Violation 2- 4823 River Ave. Vehicle ( Plate No. 5MKK072) was parked partially blocking the sidewalk in front of the facility at approximately 11:09 a.m. on February 4, 2011. Violation 3.533 Via Lido Soud. Resident at this facility was observed moving deck furniture and fishing creating enough noise to wake up neighbors from adjacent properties. Incident occurred on February 4, 2011 at approximately 7:30 a.m. Violation 4- 4823 River Ave. Vehicles were parked partially blocking the sidewalk in front of the facility at approximately 4:30 p,m. on February 6, 2011. I've attached a copy of the parking tickets issued by the Newport Beach Parking Control Division for your review. The City appreciates your cooperation in helping to resolve this matter. Sincerely, 2�3 Matt Cosyllon Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax. (949) 718 -1840 2 1J° 2 Citation No: 12011 -0133A Date: 0210812011 Account No: 12011 -0133 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC I' 3421 VIA OPORTO 0200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 01/3112011: revealed a violation(s) of the Newport Beach Municipal code. 1st Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS�YIQLATION 5 W S 4 (GINALLY BROUGH7 TO YOUR ATTENTION Ot�j . k x _.., ..,.,t. NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORR ECTIONISYiR£QUIR'ED ". 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22600 (A) TO.STOP, PARK, OR LEAVE UNATTENDED A VEHICLE WITHIN AN INTERSECTION. 2. AS REQUIRED BY CONDITION 9 OF EXHIBIT 1 TO ZONING AGREEMENT 2010.001, - MORNINGSIDE RECOVERY VAN DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. RECEIPT ACKNOWLEDGED BY OR PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION($) CLEARED AS OF DATE (DATE INSPECTED) OFFICER ID 0 0309 1j J� NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH tl ' np1 CODE & Water Quality Enforcement `rrrr�•u +r`)r' 3300 Newport Blvd. Newport Beach, CA 92663 949.6443215 Citation No: 12011 -0133A Date: 0210812011 Account No: 12011 -0133 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC I' 3421 VIA OPORTO 0200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 01/3112011: revealed a violation(s) of the Newport Beach Municipal code. 1st Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS�YIQLATION 5 W S 4 (GINALLY BROUGH7 TO YOUR ATTENTION Ot�j . k x _.., ..,.,t. NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORR ECTIONISYiR£QUIR'ED ". 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22600 (A) TO.STOP, PARK, OR LEAVE UNATTENDED A VEHICLE WITHIN AN INTERSECTION. 2. AS REQUIRED BY CONDITION 9 OF EXHIBIT 1 TO ZONING AGREEMENT 2010.001, - MORNINGSIDE RECOVERY VAN DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. RECEIPT ACKNOWLEDGED BY OR PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION($) CLEARED AS OF DATE (DATE INSPECTED) OFFICER ID 0 0309 1j J� Cosylion, Matt From: Cosylion, Matt Sent: Monday, April 11, 20115:09 PM To: 'Candace Bruce' Subject: FW: Complaints Regarding 533 Via Lido Candace, Can you please follow up on this email at your earliest convenience. Thanks. Matt 644 -3217 From: Cosylion, Matt Sent: Wednesday, April 06, 20115:45 PM To: 'david @momingsiderecovery.com' Subject: FW: Complaints Regarding 533 Via Lido Mr. Gates, Thank you for meeting with me on Monday to discuss the complaints the City has received regarding 533 Via Lido Soud and 29 Ima Loa Ct. I really appreciate your willingness to quickly address these complaints. As you requested, I'm forwarding to you the email I sent to Candace. In reviewing my notes from the meeting, I believe the following actions were agreed upon: 1. MSR to investigate the complaint regarding a Ford truck (license plate no. 8261475) reported to have blocked the driveway to a property near the 533 Via Lido Soud facility and report back to the City. 2. MSR will send a list of staff vehicles, including, license plate numbers and makes and models, to the City. This information will be helpful to the City in responding to complaints. 3. MSR to post notices at or near all exits at the 533 Via Lido Soud facility reminding clients and staff not to use profanity or obscene language when talking on the phone or holding conversations on the dock, decks, or the exterior of the property, A copy of the notice will be sent to the City. 4. In response to recent complaints of secondhand smoke from 29 Ima Loa Ct., MSR will direct residents of the facility not to smoke on the decks that face west, towards the vacant land area. Residents will be directed to smoke in alternative locations including the garage and the front yard deck. Additionally, the number of residents smoking at any given time will be limited to one or two persons. A copy of the notification to the house manager and the residents will be sent to the City. On a separate note, the City has not received the Quarterly Compliance Review Report that was due on March 31. Can you ask Candace to email it to me at her earliest convenience. Thanks. Matt 644 -3217 From: Cosylion, Matt Sent: Friday, April 01, 20114:25 PM 2�J 1{ �� To: 'Candace Bruce' Subject: Complaints Regarding 533 Via Lido Good Afternoon Candace, On March 10,1 received a complaint that a truck (believed to be a Ford) was parked in front of a neighbor's driveway, blocking access to the garage at approximately 8:30 p.m. The license plate no. is 8Z61475. A passenger, described as a young man with close cropped, light colored hair, exited the vehicle and entered 533 Via Lido Saud. I contacted Kyle Marcotte about the issue and didn't hear back from him. Can you look into this and let me know if this vehicle is /was an MSR vehicle. Additionally, the City has received complaints that residents using the dock during the day are using profanity. Condition No. 10 requires that the MSR not tolerate lewd speech or profanity at the subject property. Please remind all residents and staff at 533 Via Lido Saud that profanity is not permitted and to be mindful of their neighbors when talking on the phone or hanging out on the decks and /or dock. Finally, the City has received complaints that secondhand smoke is not being contained within the lot line of the property. Condition No. 7 requires that secondhand smoke be contained within the lot line of the property. Is smoking still limited to the garage? When we meet on Monday, lets discuss these complaints in addition to the Ima Loa Ct complaint. Thanks. Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 � � 1J,5 Cosylion, Matt From: Sent: To: Cc: Subject: Attachments: Good evening Mr. Cosyllon, Brian Burke lbrian @momingsiderecovery.com) Monday, April 25, 20116:27 PM Cosylion, Matt david @momingsiderecovery.com; Jeff Yates Morningside Recovery Zoning Agreement NB533ActionNotice.pdf; NS4821ActionNOtice.pdf See attached: Action Notices (These Notices are posted and these issues were addressed with staff and residents.) There are no scheduled or regular deliveries at any of houses after 5:00pm. Wishing you well, Brian R. Burke Intake Professional 3421 Via Oporto, Suite 200 Newport Beach, CA 92663 Mobile: 949 - 307 -2366 Office: 949- 675 -0006 Fax: 949. 675.0007 brian0morni ngs idcrecoverv.c om 1J 0 1�g I I I Ql�� Morningside 0*wrrr April 25, 2011 To: All 533 Lido Soud Staff & Residents From: Brian Burke PLEASE NOTE: 1. At NO TIME may a vehicle park illegally on the street. 2. No flicking of cigarette butts. Please place them in the appropriate receptacle. 3. No deliveries to the house after 5:00 pm MORNINGSIDE RECOVERY GOOD NEIGHBOR POLICY: PLEASE BE CONSIDERATE OF OUR NEIGHBORS AT ALL TIMES , (Noise, second hand smoke, cleanliness, use of language) Thank you in advance for your cooperation and understanding. Cordially, -A Brian Burke Compliance Officer Morningside Recovery (949) 307 -2366 0 i r B Qft� Morningside April 25, 2011 To: All 4821 & 4823 River Avenue Staff & Residents From: Brian Burke PLEASE NOTE: 1. At NO TIME may a vehicle park Illegally In the driveway. Vehicles may not extend over the sidewalk blocking pedestrian traffic or over the planters. 2. No flicking of cigarette butts. Please place them in the appropriate receptacle. (Not the planters out front) MORNINGSIDE RECOVERY GOOD NEIGHBOR POLICY: PLEASE BE CONSIDERATE OF OUR NEIGHBORS AT ALL TIMES (Noise, second hand smoke, cleanliness, use of language) Thank you In advance for your cooperation and understanding: Cordially, Brian Burke Compliance Officer Morningside Recovery (949) 307.2366 1�g 1g0 I Number, 12011 -049 Date: 0 511 312 011 Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH,CA,92663 An inspection of promises located at 533 VIA LIDO SOLID NB in the City of Nevrpod Beach, on 0412V2011 fevealed a violation(s) of the Newport Beach Municipal rode. WARNING ONLY ( Q PREVIOUSLY ADVISED t FINAL WARNING f, I THIS -VIOLATION(S);WA3 ORIGINALLY?OROUGHT TO YOUR ATTENTION ON - -- ' ; AND -YOU HAVE NOT CORR[Cm)oR'RESOLVCD.THC VICLATION(S) -- -- - NEWPORT BEACH MUNICIPAL CODE SECTION($) / DESCRIPTIONS OF VIOLATIONS) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(SIMEQUIRED = 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22502 (A) TO STOP OR PARK A VEHICLE MORE THAN 18 INCHES AWAY FROM A CURB. 2. AS REQUIRED BY CONDITION 9 OF EXHIBIT 1 TO ZONING AGREEMENT 2010.001, MORNINGSIDE RECOVERY DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. THIS VIOLATION MUST BE CORRECTED ON OR BCFORQJ/Y /,Jc, Z; )( the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100:00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and/or civil injunction may be utilized to correct this violat(on(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID if 0309 2g2 X55 NOTICE OF VIOLATION CITY OF NEWPORT BEACH CommunitV 00partmont Develooment Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949.644.3215 Number, 12011 -049 Date: 0 511 312 011 Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH,CA,92663 An inspection of promises located at 533 VIA LIDO SOLID NB in the City of Nevrpod Beach, on 0412V2011 fevealed a violation(s) of the Newport Beach Municipal rode. WARNING ONLY ( Q PREVIOUSLY ADVISED t FINAL WARNING f, I THIS -VIOLATION(S);WA3 ORIGINALLY?OROUGHT TO YOUR ATTENTION ON - -- ' ; AND -YOU HAVE NOT CORR[Cm)oR'RESOLVCD.THC VICLATION(S) -- -- - NEWPORT BEACH MUNICIPAL CODE SECTION($) / DESCRIPTIONS OF VIOLATIONS) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(SIMEQUIRED = 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22502 (A) TO STOP OR PARK A VEHICLE MORE THAN 18 INCHES AWAY FROM A CURB. 2. AS REQUIRED BY CONDITION 9 OF EXHIBIT 1 TO ZONING AGREEMENT 2010.001, MORNINGSIDE RECOVERY DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. THIS VIOLATION MUST BE CORRECTED ON OR BCFORQJ/Y /,Jc, Z; )( the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100:00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and/or civil injunction may be utilized to correct this violat(on(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID if 0309 2g2 X55 Cosyilon, Matt From: Brian Burke (brian @morningslderecovery.comi Sent: Friday, May 13, 20113:35 PM To: Cosyilon, Matt Subject: Violation #: 2011.0492 Attachments: 533. Log.dd c Importance: High Good afternoon Mr. Cosylfon, In response to Final Warning issued on 5/13111 for above referenced parking violation in front of 533 Via Lido Soud, Newport Beach, CA. For the record, Please note the following action and statement: 1. All staff and clients have been advised on how to park legally in front of and around 533 Via Lido. Clients do not have vehicles at this location. They were Informed of our parking policy so that they may inform visitors. 2. Please note that the vehicle In question is not owned by Morningside Recovery, a staff member of Morningside Recovery, or a client of Morningside Recovery. The owner of the vehicle is unknown to us, 3. There are no deliveries at 533 Lido Soud after 5:00 pm; See attached: a log sheet has been created to track all visitors to the residence after 5:00 pm. We will log the visitor, date /time of visit, and purpose of the visit. Wishing you well, Brian R. Burke Intake Professional 3421 Via Oporto, Suite 200 Newport Beach, CA 92663 Mobile: 949 - 307 -2366 Office: 949. 675.0006 Fax: 949 -675 -0007 brian @ morni nesi derecoverv.com 200 122 Cos lion, Matt From: Cosylion, Matt Sent: Friday, May 13, 20114:45 PM To: 'Brian Burke' Subject: Quarterly Compliance Inspection and 533 Via Lido Soud . Attachments: (UntitiedL0513201116341500.pdf Good Afternoon Mr. Burke, Thank you for meeting with me this afternoon at 100 -102 Via Antibes as a follow up to the quarterly compliance Inspection on May 5, 2011. This email confirms that working smoke detectors were installed in the bedrooms and hallway in 100 Via Antibes as required. Additionally, two of the three parking garages were clear and accessible for parking. Please note that all three parking garages are to be accessible for parking. We'll need to arrange an appointment for next week to inspect the remaining garage. tAI we discussed, the City has recently received complaints regarding deliveries to 533 Via Lido Soud after 5:00 p.m., which if found to he true would be in violation of Operational Condition N 0. 4 o Exhlbiing Agreement 2D10• 001. Condition No. 14 reads as follows, "Staff members in their private vehicles moy deliver business products and other packages and goods to the focility during weekdays between the hours of 9:00 0.m. to 5:00 p. m." At this time, the City Is not making any determinations regarding the complaints. The City is merely bringing these complaints to your attention and seeking your cooperation in resolving them. Finally, I have attached a copy of a letter that I am sending to you regarding the complaints of secondhand smoke from 29 ima Loa Ct. Based on the test we conducted on May 5, it appears that secondhand smoke can be detected from adjacent properties. Per our discussion today, Morningside Recovery has changed the smoking policy for 29 Ima Loa Ct. Can you forward to me a copy of the memo that addresses the change in policy so that I can add it to the City's file. Thanks for all your help in addressing these concerns, Sincerely, Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644.3217 fax.(949) 718 -1840 201 1g3 It, All rn=ou•. Name of Owner or An Inspection of I violation(s) of the 3rd Citation -$600 NEWPORTBEACH 1: MC 10.50.020H, NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949- 644.3215 Citation No: 12011.0601A Date: - 05116/2011 Account No: 12011.0501 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 :s located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 05/1312011 revealed a Irt Beach Municipal code. TON IS NOWPENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONRNUES, _;.OTHER AND PENALTIES:MAY;ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE'TO IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH ORIGINALLY BROUGHT TO YOUR ATTENTION ON , AND YOU HAVE NOT /ED THE VIOLATIONS) -. _ . CODE SECTION(S) / DESCRIPTIONS OF VIOLATIONS) OF USE PERMIT 1. AS REQUIRED BY CONDITION NO. 14 OF EXHIBIT 1 OF ZONING AGREEMENT NO. 2010-001, STAFF OPERATIONAL EMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTH R PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 M. TO 5:00 P.M. 2. ELIMINATE ANY FUJITHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS RECEIPT ACKNOWLE[GED BY OR MAILED TO DATE PRINT NAME OF OFFI ER SIGNATURE OF OFFIC ER VIOLATION(S) CLEAR D AS OF (DATE INSPECTED) OFFICER ID 9 0309 124 202 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 An Inspection of preml s located at 633 VIA LIDO SOLID NB in the City of Newport Beach, on 0511312dl l revealed a violation(s) of the New rt Beach Municipal code. THE NEXT LEVEL -CIT ON IS NOW PENDING,"`ANDiYOU� MAY:BE-CMD EACH DAY THE VIOLATION CONTINU.ESi_ OTHER ENF.ORCEMENTACTIO AND PENALTIES MAY?SO,RESULT•IF "COMPLIANCE IS NOTACHIEVED OR IF You CONTINUEY0 IGNORE THIS CITATIO .r .. - - . 3rd Citation •5600 I IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH ORIGINALLY BROUGHTAO YOUR ATTENTION ON AND YOU HAVE NOT VED THE VIOLATION(8) -: NEWPORT BEACH MINICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VI LATION OF USE PERMIT 1. AS REQUIRED BY C PERATIONAL CONDITION NO. 12 OF EXHIBIT 1 OF ZONING AGREEMENT NO. 2010-001, OPERA OR SHALL ENFORCE THE QUIET HOURS OF 9:00 P.M. TO 8:00 A.M. DAILY TO ITS PATIEN S, CLIENTS AND CUSTOMERS OCCUPYING BEDS IN ITS FACILITY. QUIET MEANS NOISE INCLUDING MUSIC, TELEVISIONS, AND VOICES, IS NOT AUDIBLE BEYOND THE PERIME TER OF THE FACILITY EXCEPT IN A DEMONSTRABLE EMERGENCY, CONVERSATIONS AN ACTIVITIES AT THE FACILITY SHOULD NOT BE AUDIBLE BEYOND THE PERIMETER OF THE F ACILITY DURING QUIET HOURS. RECEIPT ACKNOWLE )GED BY OR MAILED TO 9!20:? DATE PRINT NAME OF OFFICER SIGNATURE OF OFFIC ER / •''; -� -' -� � " " _ .._._ VIOLATION(S) CLEAR D AS OF _-" (DATE INSPECTED) OFFICER ID # 0309 203 1g5 NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH n Community Development Department Code Enforcement Division Q,:l ClY11Nµ1 3300 Newport Blvd. Newport Beach, CA 92663 949 - 644.3215 Citation No: 12011 -0502A " Date: 05/16/20 Account No: 12011 -0502 Name of Owner, or Bus ess : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 An Inspection of preml s located at 633 VIA LIDO SOLID NB in the City of Newport Beach, on 0511312dl l revealed a violation(s) of the New rt Beach Municipal code. THE NEXT LEVEL -CIT ON IS NOW PENDING,"`ANDiYOU� MAY:BE-CMD EACH DAY THE VIOLATION CONTINU.ESi_ OTHER ENF.ORCEMENTACTIO AND PENALTIES MAY?SO,RESULT•IF "COMPLIANCE IS NOTACHIEVED OR IF You CONTINUEY0 IGNORE THIS CITATIO .r .. - - . 3rd Citation •5600 I IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH ORIGINALLY BROUGHTAO YOUR ATTENTION ON AND YOU HAVE NOT VED THE VIOLATION(8) -: NEWPORT BEACH MINICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VI LATION OF USE PERMIT 1. AS REQUIRED BY C PERATIONAL CONDITION NO. 12 OF EXHIBIT 1 OF ZONING AGREEMENT NO. 2010-001, OPERA OR SHALL ENFORCE THE QUIET HOURS OF 9:00 P.M. TO 8:00 A.M. DAILY TO ITS PATIEN S, CLIENTS AND CUSTOMERS OCCUPYING BEDS IN ITS FACILITY. QUIET MEANS NOISE INCLUDING MUSIC, TELEVISIONS, AND VOICES, IS NOT AUDIBLE BEYOND THE PERIME TER OF THE FACILITY EXCEPT IN A DEMONSTRABLE EMERGENCY, CONVERSATIONS AN ACTIVITIES AT THE FACILITY SHOULD NOT BE AUDIBLE BEYOND THE PERIMETER OF THE F ACILITY DURING QUIET HOURS. RECEIPT ACKNOWLE )GED BY OR MAILED TO 9!20:? DATE PRINT NAME OF OFFICER SIGNATURE OF OFFIC ER / •''; -� -' -� � " " _ .._._ VIOLATION(S) CLEAR D AS OF _-" (DATE INSPECTED) OFFICER ID # 0309 203 1g5 LiP� Morningside RMOVUY May 18, 2011 VIA U.S. MAIL & FACSIMILE TO (949) 718.1840 City of Newport Beach Code Enforcement Division 3300 Newport Boulevard Newport Beach, California 92658 Attention. MattCosylion Re: Citation No.'s 12011.0501A,12011- 0502A, and 12011 -0903A Dear Mr..Cosylion: We are in receipt of Citation No's 12011- 0501A,12011- .0502A, and 12011 -0503A which appear to have been issued as result of a City stakeout last Friday and Saturday night. Our response to these citations are discussed separately below: Citation No. 12011 -0501A - 533 Via Lido Soud This citation was issued for an alleged violation of Condition No. 14 of the Zoning Agreement, which permits delivery of "business products and other packages and goods to the facility during weekdays between the hours of 9:00 a.m. to 5:00 p.m ". You advised me that you were parked across the street Friday night when you observed a Navigator pull up and the driver exit the vehicle with what appeared to you to be an envelope in his hand. You claim that the driver went into the house and when he exited, he no longer had the envelope. Pursuant to Condition 14 of the Zoning Agreement, all staff has been advised that deliveries of business products, goods and other household items need to be made, in staff vehicles during the hours of 9:00 a.m, and 5:00 p.m. In accordance with this policy, no business products, or other packages or goods were delivered to 533 Via Lido Send on Friday night. We did have a staff member visit the property on Friday night to resolve an issue at the property. I understand that during his visit, he left copies of paperwork for our house manager. Since there were no other visitors during this time, I have to assume that the individual you observed was the staff member described above. Re: City Letter of May 18, 2011 May 18, 2011 Page 2 of 4 Based upon the above, Morningside Recovery contests your allegation that we have violated Condition No. 14 of the Zoning Agreement by allowing a staff member to leave copies of papers at a facility he was visiting. Further, we dispute that it is our third violation of this nature. Accordingly, we will not be paying the $500.00 fine. Citation No. 12011 -050ZA - 533 Via Lido Soud This citation was issued for an alleged violation of Condition No. 12 of the Zoning Agreement, which provides, "Operator shall enforce the Quiet Hours of 9:00 p,m, to 8:00 a.m. daily to its patients, Clients and customers occupying beds in its facility. Quiet means noise, including music, television, and voices, is not audible beyond the perimeter of the facility except in a demonstrable emergency". In accordance with this provision, house rules require everyone to be in the house by 10:00 p.m. Many nights, Clients do noteven return home until about 9 :30, so this is rarely an issue. We have house managers that monitor the Clients and ensure that the curfew is followed. In addition, we have resident assistants who roam the entire house throughout the night to ensure compliance with house rules and to take head counts. At 11:00 p.m. there is a mandatory lights out, After 11:00 p.m., watching television, talking on telephones, carrying on conversations and the use of laptops is prohibited. Clients are required to go to sleep. You informed me that you were parked outside our facility on Friday night when you heard whatyou believed to be voices coming from our garage. You claim that you could overhear their conversation from your car, You then claim to have exited the vehicle, walked across the street and continued to listen to the conversation from within. You will recall that we have previously received complaints about second hand smoke as a result of Clients smoking on our patio and balcony, In the interests of being good neighbors, we have prohibited our Client's from enjoying the waterside view and have restricted smoking to the garage area. All Clients have been advised to restrict conversations to the use of "inside voices" and to come back inside as soon as they have finished smoking. We do not allow Clients to use the outside areas as "gathering places" in the hopes of avoiding these very issues. I have spoken with our house parent and Clients and have been advised that two to three residents were in the garage in the evening doing laundryand carrying on a conversation, The Clients, and the supervising staff member assure me that the conversation was casual and the volume was low throughout the entire time they were in the garage. 205 -127 Re: City Letter of May 18, 2011 May 18, 2011 Page 3 of Morningside has been extremely receptive to complaints from neighbors about noise and smoking. In fact, we have previously amended house rules and policies to address these very issues. However, we maintain that what you allegedly observed on Friday was not a violation of any of the operating conditions of the Zoning Agreement. Rather, it appears that you sat outside the facility intent on finding something you could claim as a violation. Accordingly, we dispute this citation, including the allegation that it is Morningside's third violation of this nature, and your request that we pay a $500.00 fine. Citation No. 12011 -0503A —100 Via Antibes As a finale to your after -hours stakeout, you claim to have driven by our Via Antibes property where you listened for noise and voices. You claim that you were able to hear our female residents talking, this time from inside the property. I have spoke with the Clients and staff at Via Antibes and have been assured thathouse rules are being strictly enforced and that there have been no loud conversations. When I specifically inquired about Friday evening I was advised that Friday was no different. Without the benefit of knowing the specifics of what you heard it Is impossible to know whose conversation you claim you overheard. In this regard, it is possible it was a conversation from a neighboring property. Be that as it may, Condition No. 12 of the Zoning Agreement prohibits "noise, including music, television, and voices, after the homy of 9:00 p.m. to be heard from beyond the perimeter of the property". After speaking with our Clients and staff, we are unable to confirm that the alleged violation occurred. As such, we are disputing the citation, including the allegation that it is Morningside's third violation of this nature, and your accompanying request for the $500.00 fine. I wish to reiterate Morningside's intent on not only complying with the Zoning Agreement but on maintaining good relations with the City and the residents of Newport Beach. To the extent that we have received legitimate complaints about noise, deliveries, parking and smoking, we have taken all action necessary to address and resolve these issues. Where we have observed a violation of the Zoning Agreement or problems with neighbors, we have immediately taken appropriate action, including but not limited to the replacement of staff and the implementation of new and amended house rules and business policies. Notwithstanding the above, we feel like we are now the subject of a witch -hunt, which includes baseless complaints and unjustified citations against us. Your stakeout on Friday Is a perfect example of this. You went out to observe the Lido properties intent on finding some violation of the Zoning Agreement. The subject citations are the result of your determination to find something. For the reasons discussed above, the above citations are without merit and are disputed by Morningside. As such, we will not be paying the 200 182 1 Re: City Letter of May 18, 2011 May 18, 2011 Page 4 of 4 I $1,500.00 in fines. In the future, I would encourage you to do a little investigation into the complaints you receive to first determine whether there is any merit to them and /or to obtain corroborating evidence, Should you wish to discuss this matter further, I am happy to meet with you. Sincerely,/ BRIAN BURL {E Cc: Mary Helen Beatificato, Esq. Ronald Talmo, Esq. e 2 g9 tog �90 Communication to /from City of Newport Beach & Morningside re: 4823 A & B River Avenue X99 191 210 192 Cosylion, Matt From: Sent: To: Cc; Attachments: Good Afternoon Candace, Cosylion, Matt Wednesday, November 10, 2010 3:32 PM 'Candace Bruce' Wolcott, Cathy; Rowan, Kyle Document.pdf Thank you for allowing the City to inspect MSR's facilities on Friday, November S. As I discussed with Kyle and you, the City Planters at 4823 River Ave must be kept free of cigarette butts and trash at all times. I think that by requiring residents to smoke In the rear yard this problem may be resolved. Should residents continue to smoke in front of the garage, it is MSR's responsibility to ensure that they do not dispose of cigarette butts in the planters. Attached to this email is a Notice of Violation for the cigarette butts In the City planters. Please let me know when I can inspect the garage at 29 Ima Loa Court. .Lastly, the City continues to receive complaints regarding secondhand smoke from Morningside Recovery s facility at 533 Via Lido Soud.= As you are aware, Condition No. 7 of the ZA requires that secondhand smoke be contained on 533 Via Lido Soud, As required by Condition No. 7, MSR shall make good faith best efforts to contain the secondhand smoke within the lot line of 533 Via Lido Soud. I recommend that MSR review when and where clients smoke at 533 Via Lido Soud and make any necessary changes so that MSR is in compliance with Condition No. 7 of the Zoning Agreement. Please note that further violations of Condition No. 7 will result in the issuance of administrative citations. Thanks. Matt Cosylion Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 211 <c3 Igo NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE & Water Quality Enforcement 3300 Newport Blvd. Newport Beach, CA 92663 949644 -3216 Number: Date: Name of Owner or Business : MORNINGSIDE RECOVERY 3404 VIA LIDO #A NEWPORT BEACH,CA,92663 12010.1049 10/15/2010 An inspection of premises located at 4023 RIVER AVE NB in the City of Newport Beach, on 1010512010 revealed a vlolellon(s) of the Newport Beach Municipal code. WARNING ONLY j PREVIOUSLY ADVISED FINAL WARNING r({j THIS_VIOLATION(S) WAS.ORIGINALLY BROUGHT TO. YOUR ATTENTION.ON ,ANUY,OU ;HAKE�,NOT- - -- CORRECTElYOR- RESOIvED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 20.66.020, PARKING AND LOADING REQUIREMENTS 2: MC 20.66.040, RESIDENTIAL DISTRICT PARKING CORRECTION(S1:REQUIREO. 1. THE GARAGE MUST BE KEPT CLEAR AND ACCESSIBLE FOR THE PARKING OF VEHICLES AT ALL TIMES. 2. PLEASE REMOVE ALL STORAGE FROM THE GARAGE AND SCHEDULE AN INSPECTION TO VERIFY THAT THE STORAGE HAS BEEN REMOVED. THANKS. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE a %(% If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID H 0309 212 4J4 Number: Date: Name of owner or Business: MORNINGSIDE RECOVERY ^ 3404 VIA LIDO HA NEWPORT BEACH,CA,92663 12010 -1049 1012212010 An inspection of premises located at 4023 RIVER AVE NB in the City of Newport Beach, on 10/2212010 revealed a vfolat(on(s) of the Newport Beach Municipal code. WARNING ONLY (�]� PREVIOUSLY ADVISED FINAL WARNING 7HIS VIOLATION(S) WAS ORIGINALLY bAoUGHT ?Q,YOOR ATTENTION ON = . , AN6 YOU XVE NOT '- CORRECTED_ORAESOLVED THE VIOLATIONS) ' - - - NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 20.66.020, PARKING AND LOADING REQUIREMENTS 2: MC 20.66.040, RESIDENTIAL' DISTRICT PARKING CORKECTILNiLS k020iRED,- 1. THE GARAGE MUST BE KEPT CLEAR AND ACCESSIBLE FOR THE PARKING OF VEHICLES AT ALL TIMES, 2. PLEASE REMOVE ALL STORAGE FROM THE GARAGE AND SCHEDULE AN INSPECTION TO VERIFY THAT THE STORAGE HAS BEEN REMOVED. — THANK YOU THIS VIOLATION MUST BE CORRECTED ON OR BEFORE 1,() JZCI I tD . if the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation($). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER (, (3'�,.>SL SIGNATURE OF OFFICER (�� . �^-- L— v�-�----- - - - - -- VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID It 0315 2 -IS 1J°S NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE & Water Quality Enforcement 3300 Newport Blvd. - "- Newport Beach, CA 92663 949.644 -3215 Number: Date: Name of owner or Business: MORNINGSIDE RECOVERY ^ 3404 VIA LIDO HA NEWPORT BEACH,CA,92663 12010 -1049 1012212010 An inspection of premises located at 4023 RIVER AVE NB in the City of Newport Beach, on 10/2212010 revealed a vfolat(on(s) of the Newport Beach Municipal code. WARNING ONLY (�]� PREVIOUSLY ADVISED FINAL WARNING 7HIS VIOLATION(S) WAS ORIGINALLY bAoUGHT ?Q,YOOR ATTENTION ON = . , AN6 YOU XVE NOT '- CORRECTED_ORAESOLVED THE VIOLATIONS) ' - - - NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 20.66.020, PARKING AND LOADING REQUIREMENTS 2: MC 20.66.040, RESIDENTIAL' DISTRICT PARKING CORKECTILNiLS k020iRED,- 1. THE GARAGE MUST BE KEPT CLEAR AND ACCESSIBLE FOR THE PARKING OF VEHICLES AT ALL TIMES, 2. PLEASE REMOVE ALL STORAGE FROM THE GARAGE AND SCHEDULE AN INSPECTION TO VERIFY THAT THE STORAGE HAS BEEN REMOVED. — THANK YOU THIS VIOLATION MUST BE CORRECTED ON OR BEFORE 1,() JZCI I tD . if the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation($). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER (, (3'�,.>SL SIGNATURE OF OFFICER (�� . �^-- L— v�-�----- - - - - -- VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID It 0315 2 -IS 1J°S NEWPORT BEACH „CA,92663 12010.1188 11 N 012010 An inspection of premises located al 4623 RIVER AVE NB in the City of Newport Beach, on 1110512010 revealed a violation(s) of the Newport Beach Municipal code. - WARNING ONLY PREVIOUSLY ADVISED [ j FINAL WARNING HAVE NOT NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT . CORAECTIONfS) REQUIRED.- 1. AS REQUIRED BY CONDITION NO. 7 OF ZONING AGREEMENT NO. DA2010 -001, MORNINGSIDE RECOVERY WILL NOT ALLOW CLIENTS, STAFF, OR RESIDENTS TO LITTER CIGARETTE BUTTS ON THE GROUND, FLOOR, DECK, SIDEWALK, GUTTER, BOARDWALK, OR STREET. 2. PLEASE REMOVE ALL OF THE CIGARETTE BUTTS AND TRASH FROM THE CITY PLANTERS AT THE FRONT OF THE PROPERTY. THE PLANTERS MUST BE KEPT FREE OF CIGARETTE BUTTS AND TRASH AT ALL TIMES. THANKS. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE.�i�/A'�.O.'i- . if the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAMF OF OFFICERi0 SIGNATURE OF OFFICER = ~ VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 2 -T 4 192 NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE 8 Water Quality Enforcement 3300 Newport Blvd. Newport Beach, CA 92663 949. 644.3216 Number: Date: Name of Owner or Business: MORNINGSIDE RECOVERY, LLC ..: r 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH „CA,92663 12010.1188 11 N 012010 An inspection of premises located al 4623 RIVER AVE NB in the City of Newport Beach, on 1110512010 revealed a violation(s) of the Newport Beach Municipal code. - WARNING ONLY PREVIOUSLY ADVISED [ j FINAL WARNING HAVE NOT NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT . CORAECTIONfS) REQUIRED.- 1. AS REQUIRED BY CONDITION NO. 7 OF ZONING AGREEMENT NO. DA2010 -001, MORNINGSIDE RECOVERY WILL NOT ALLOW CLIENTS, STAFF, OR RESIDENTS TO LITTER CIGARETTE BUTTS ON THE GROUND, FLOOR, DECK, SIDEWALK, GUTTER, BOARDWALK, OR STREET. 2. PLEASE REMOVE ALL OF THE CIGARETTE BUTTS AND TRASH FROM THE CITY PLANTERS AT THE FRONT OF THE PROPERTY. THE PLANTERS MUST BE KEPT FREE OF CIGARETTE BUTTS AND TRASH AT ALL TIMES. THANKS. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE.�i�/A'�.O.'i- . if the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAMF OF OFFICERi0 SIGNATURE OF OFFICER = ~ VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 2 -T 4 192 WPO RT NOTICE OF VIOLATION CITY OF NEWPORT BEACH a CODE & Water Quality Enforcement .�i 444 oW @ %� 3300 Newport Blvd. arm - Newport Beach, CA 92663 949644.3216 Number. Date: Name of Owner or Business : MORNINGSIDE RECOVERY 3421 VIA OPORTO. STE 200 NEWPORT BEACH,CA,92663 201 11 -0116 01/31/2011 An Inspection of premises located at 4823 RIVER AVE NS in the City of Newport Beach, on 01/26/2011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING k 1HjRRE- ELATION (S)WA>30RX0 1lLiCr9ftbl %J3ffTT0YCUJtAR�Nfi70tY0I7uT rt _,.ANDYbU•HAi!�NCT CORREOTEDORRE60LVED;. NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 6.04.090, GARBAGE AND REFUSE CONTAINER REQUIREMENTS 2: MC 10.50,0201-1, VIOLATION OF USE PERMIT C'ORIiECT10NIS1. REQUIREtS:+ 1. ON JANUARY 26, 2011, THE REFUSE CONTAINERS AT THE FACILITY DID NOT HAVE LIDS. 2. PLEASE MAKE SURE THAT THE REFUSE CONTAINERS HAVE LIDS ON THEMATALL TIMES. THANK YOU. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE T ms Y. If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be Issued and penalties will begin to accrue ($100,00, $200.00, AND $500.00) each day, Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil Injunction may be utilized-to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTIONS) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATIONS) CLEARED AS OF (DATE INSPECTED) OFFICER ID# 0309 q 215 1J 7 'aY 5V Pp =Q� NOTICE vF ADMINISTRATIVE CITA ION CITY OF NEWPORT BEACH r CODE & Witin'QUality Enforcement 3300 Newport Blvd. Newport Reach, CA 92663 949 -644 -3215 Citation NO: 12011 -0133A Date: 0210712011 ACCnOnt No: 1201J-0138 Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3,121 VIA OPORTO #200 NEWPORT BEACH, CA 92663 An inspuceon of pienpises located at 4823 RIVER AVE N8 in Ore City of Newport Bench. on 0 210 412 01 1 fevealed a violation(s) of the Ncvgport Poach Municipal code. Ist Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THI$_VIOLATION($�WAS ORIGINALLY 6)30IIGHT TO YOUR ATTPNTION(ON >� a �ANDYOU HAVE NOTt CORRECTL- O.ORRESOLVGO`THCYIOC9TIDN {,�) - '�,} - -�� -- r r NEWPORT BEACH NIUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50,0201-1, VIOLATION OF USE PERMIT CORRECTION{SY R[QUIRElk•' 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500 (F) TO STOP, PARK, OR LEAVE UNATTENDED A VEHICLE ON ANY PORTION OF A SIDEWALK, 2. AS REQUIRED BY CONDITION 9 OF EXHIBIT 1 TO ZONING AGREEMENT 2010.001, MORNINGSIOE RECOVERY VAN DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING ANDIOR STOPPING AND WAITING TO LOAD RESIDENTS. Il RECEIPT ACKNOWLEDGED BY OR MAILED T - _• � DATE PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER IOU 0309 49 2 Newport Beach - Parking W- 137157276 Sun 02/06/2011 Printed 2!7/2011 3:14 PM II IOQn�IIIII) IDBI��IQIU CrTATION: W- 137157276 _ MA 16131 UN 02/06/2011 ones NM OmKd m OTT 1762 AO M RD t7 NBPD 16 C2 LOMtbn m 4OU RIVER AVE Ln Q Violation o YbI: 22500F CVC PARKING ON SIDEWALK PENALM $53.00 M1 KU TOTAL PENALTY: M1 Ln $53.00 a Vehicle Um N0, state Em m SMKK072 CA 06 /11 YIN cover 9070 (IMt 9 d1916) GREY Me BPdK stvla FORD VAN E... Remarks SO% PHOTOTANEN RADIO CALL 199 Newport Beach - Parking W- 137157275 Sun 02/06/2011 Printed 20120113:14 PM Il 1pQllarllllll�llll�lllll�li CITATION; W- 137157275 Ttm Oam 16130 SUN 02/0612011 Ofaov Nme off m lD OTT 1362 AO1HY RD C3 NBPO 16 p Lmdon r" 4023 RIM RAVE Ln O Violation c Vm1[ 22500FCVC PAARRtOONSTDE%YALX PENALTY: t63M m M1 N TOTAL PENALTY: M1 . $53.00 .a Vehicle N Lim ne No. Stem Do M MEOU MO 01112 VIN C91N 3 9739 tint 4 dlyib) QREN Make Body Strk = FORD CR F Remarks SM PHOTO TAKEN 200 Cosylion, Matt From: Cosylion, Matt Sent: Tuesday, February O8, 2011 12:05 PM To: 'david @morningsiderecovery.com' Subject: FW: Supplemental Information on Administrative Citations Attachments: 4823 River Ave - Admin Citatlon,pdh, 533 Via Lido Soud Admin Cltatton,pdf; 4823 River Ave, 2.4- 11.1pg; 533 Via Lido Soud 1.31- 11.jpg; 533 Via Lido Soud(b) 1- 31- 11.jpg; 533 Via Lido Soud, 2- 6.11.jpg; 4823 River Ave, 2.6.11.pdf' Mr. Gates, I sincerely apologize. The date of the violation for Violation 3 was Sunday, February 6, 2011 at 7:30 a,m. Thankyou. Matt 644 -3217 From: Cosyllon, Matt Sent: Tuesday, February 08, 201112:03 PM To: 'david @momingsiderecovery.com' Cc: Wolcott, Cathy Subject., Supplemental Information on Administrative Citations Good Afternoon Mr. Gates, Thank you for taking the time to meet with me regarding the recent violations of the Zoning Agreement. As we discussed; it is imperative that Morningside Recovery take all necessary steps to prevent future violations from occurring. I've Included additional information regarding the violations that occurred last week as you requested. Please let me know If you need additional information. Violation 1.533 Via Lido Soud. Vehicle (Plate No. SEWT080) was parked partially blocking the intersection of Via Nice at approximately 1:50 p.m, on January 31, 2011. rViolation 2.4823 River Ave. Vehicle( Plate No. 5MKK072) was parked partially blocking the sidewalk in front of the facility at approximately 11:09 a.m. on February 4, 2011. Violation 3- 533 Via Lido Soud. Resident at this facility was observed moving deck furniture and fishing creating enough noise to wake up neighbors from adjacent properties. Incident occurred on February 4, 2011 at approximately 7:30 a.m. Violation 4- 4823 River Ave. Vehicles were parked partially blocking the sidewalk in front of the facility at approximately 4:30 p.m. on February 6, 2011. I've attached a copy of the parking tickets Issued by the Newport Beach Parking Control Division for your review. The City appreciates your cooperatlon in helping to resolve this matter. Sincerely, 21J Matt Cosylion Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd, Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 220 202 N„ikr` NOTICE OF VIOLATION 1 CITY OF NEWPORT BEACH n;? Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949.644.3215 Number: 12011-0211 Date: 03/1012011 Name of Owner or Business: MORNINGSIDE RECOVERY Z. 1' 3421 VIA OPORTO #200 NEWPORT BEACH,CA,92663 An inspection of promises located at 4823 RIVER AVE NB in the City of Newport Beach, on 0311012011 revealed a violallon(s) of Ilia Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING .TOYOt1R ATTENTION ON ,. AN YOU HAVENOT NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 6.04.090, GARBAGE AND REFUSE CONTAINER REQUIREMENTS 2: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONiSLREQUfRED• 1. TRASH CANS MUST HAVE LIDS ON THEM AT ALL TIMES AS REQUIRED BY CONDITION NO, 6 OF THE ZA AND NBMC 6,04.090. THANKS. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE Je/ &Cff,Z Zo. If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION($) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER /' 'Cc, SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID 0309 203 Cosyljon, Matt From: Cosylion, Matt Sent: Monday, April 11, 20115:28 PM To: 'Candace Bruce' Attachments: IMG00180. 20110403- 1726.jpg; IMG00179- 20110403- 1725.jpg Candace, Last week I received a complaint of a Dodge Truck (Plate 1171127951) blocking the sidewalk at 4823 River Ave. The pictures were taken on April 3, 2011 at approximately 5:26 p.m. Can you please investigate this matter including determining who the owner of the truck is, Let's try to close this issue before the end of the week. Thank you for your assistance in this matter. Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 222 204 tiyY s� ('OJr" , ' NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community DOV0013ment Department Code Enforcement Division 3300 Newport Blvd. Newport Bench, CA 92663 949- 644.3215 Citation No 12011 -0353A Date: 04(13120 11 Account No, 12011.0353 Name of Ownor or Business: MORNINGSIDE RECOVERY 3421VIA OPORTO, SUITE000 NEWPORT BEACH, CA 92063 An inspection of premises locatod at 4623 RIVER AVE NS in the City of NewpeH Beach, on 0 411 212 0 1 1 re-vonled n violation(5) of the Newport Beach Municipal code, - - - THE NEXT LEVELCITATION 15 NOM PENDING AN0.YOU,MAY BE CITED EACH DAY TH,E. VIOLATION_.CO.NTINUES -,OTHER ENFORCEMENT ACTION AND PENALTIES'MAY ALSO.RESULT:IF COMPLIANCE'IS NDT ACHIEVED OR iF ,YOUrCON71NUE TO, IGNOnE.THIS CITATION.' " " "' - intclUdlon -51oo IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHTTO YOUR ATTENTION ON WAND YOU HAVENOT - CORRECTEO OR RESOLVED THE VIOLATIONS) NEW PORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.60,020H, VIOLATION OF USE PERMIT CORRECTION(SI REQUIRED 1. AS REQUIRED BY CONDITION NO. 7 (EXHIBIT 1) OF DEVELOPME=NT AGREEMENT NO, 2010.001, MORNINGSIDE RECOVERY WILL NOT ALLOW CLIENTS, RESIDENTS, OR STAFF TO LITTER CIGARETTE BUTTS ON THE GROUND, FLOOR, DECK, SIDEWALK, GUTTER, BOARDWALK, OR STREET. 2. PLEASE PICK UP ALL THE CIGARETTE BUTTS IN THE CITY PLANTERS LOCATED AT 4823 RIVER AVE, 3, THE CITY PLANTERS SHALL BE KEPT CLEAN AND FREE OF CIGARETTE BUTTS AT ALL TIMES, THANKS. / ---' RLCFIPT ACKPtOWLE0G6D BY OR MAILED TOE: �4- .J q__. OATE 11 f -- PRINT NAME OF OFFICER � /W�� SIGNATURE OF OFFICER (DATE INSPECTED) OFFICER If) It 9309 223 205 CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT Code Enforcement Division April 13, 2011 Morningside Recovery, LLC Attn: David Gates, Chief Operating Officer 3421 Via Oporto, Suite #200 Newport Beach, CA 92663 Dear Mr. Gates, This office has received complaints regarding Morningside Recovery, LLC ( "MSR ") transportation vehicles being driven through the City planter located at 4623 River Ave, resulting in damage to the plantings and irrigation system. An inspection of the planter revealed the plants have been damaged or have died, and the sprinkler heads had been shifted. Additionally, City staff observed tire tracks in the planter and the perimeter of the planter leading to the driveway of 4823 River Ave. Property owners are required to maintain the landscaping on their property including the city parkway. It is a violation of Newport Beach Municipal Code section 10.50.020(E)(9) to allow the landscaping in a parkway to become defective, unsightly, or unsafe. At this time, the City has chosen to replace the plantings in the planter at no cost to MSR. However, should the plantings die or become damaged, the City will require MSR to pay for the replacement of the plants and/or irrigation system. You are encouraged to notify MSR staff, drivers, clients, and visitors to this facility to use care when parking their vehicles and avoid walking through the planter. Should this letter resolve the matter, no further enforcement action will be taken. The City sincerely appreciates your cooperation in helping to resolve this concern. To discuss this letter, you should contact Matt Cosylion between the hours of 8:00 to 9:00 a.m. or 4:00 to 5:00 p.m, at (949) 644 -3217. Sincerely, Matt Co on Code Enforcement Supervisor cc: Kyle Rowen, Deputy City Attorney Janet Johnson Brown, Associate Planner _ 3300 Newport Boulevard • Post Office lim 1768 - Newport Beach, California 92658.8915 Telephone: (949) 644 -3215 • Fax: (9.19) 718 -18.10 - www.newpot,(bcuchcii.gov 224 200 Cosylion, Matt From: Cosylion, Matt Sent: Thursday, April 14, 2011 12:12 PM To: 'david@momingsiderecovery.com' Attachments: 4823 River Ave -City pianter.pdf, Compliance Review Report- NOV.pdf Mr. Gates, Thank you for meeting with me to discuss the damage to the City planter and the parking issues at 4823 River Ave. As we discussed, Morningside Recovery Is responsible for ensuring that the planters are not damaged and kept free of trash and cigarette butts. At the meeting, you Indicated the house manager would be responsible for ensuring the planters are clean and maintained. Please forward to me a copy of the memo or other correspondence you send to the house manager regarding the matter. As you are aware, Morningside Recovery has not submitted the Compliance Review Report that was due on March 31, 2011. A Notice of Violation has been issued to Morningside Recovery for failing to submit the Report as required by Development Agreement No. 2010 -001. Please submit the Report no later than April 19, 2011. Feel free to contact me should you have any questions or concerns. Thanks. Matt Cosylloh Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 20 j yCY WI�? NOTICE OF VIOLATION CITY OF NEWPORT BEACH \Y.- !! Community Develonmont Department Code Enforcement Division o ,,r -- 3300 Newport Blvd. Newport Boach, CA 92663 949- 644 -3215 Nnrnber. Date: Nonce of Ovarer or Business - MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, STE 11200 NEWPORT BEACH,CA,92663 12011.0363 0,1/2012011 An inspection of premises localed at 4823 RIVER AVE NB m the Gty of Newport Beach, on 0411412011 revealed a violation(s) of the Neerpon Beach Municipal code. WARNING ONLY 14 PREVIOUSLY ADVISED ) FINAL WARNING [� t UISVIOLASION(S) WAS ORIGINALLY BROUGHT.TO YOUR ATTLNTIONON - ', AND-YOU "AVE .NOT =- `CORRCCTCP'OR RCSOCVCO THE;Vlo"TION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) 1 DESCRIPTIONS. OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONISDREQUIRED - 1, AS REQUIRED BY CONDITION NO, 0 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT NO. 2010 -001, MORNINGSIOE RECOVERY STAFF AND DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING ANDIOR STOPPING AND WAITING TO LOAD RESIDENTS. . 2. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500(F) TO PARK OR LEAVE A VEHICLE WITH THE BODY OF THE VEHICLE BLOCKING OR EXTENDING OVER ANY PORTION OF A SIDEWALK. THANKS. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE ,r,:., %'ii r;7 =� %f'% `. If the violation is not corrected by file (fate specified, ail ADMINISTRATIVE CITATION may be issued and penalties Will begin to accrue IS 100.00, $200.00, AND 5500.00) each day, Additional en(oriement actions such as administrative abatement, civil penalties, prosecution and/or civil injunction may be uOlited to correct this violation(s). A REWSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME 01: OFI'ICL-R SIGNATURE 01' OFFICER VIOLATION(S) Cl-FARED AS 01' (DATE INSPECTED) OFFICER -ID it 0309 220 202 Cosyl(on, Matt From: Brian Burke (brian @Morningsiderecovery.coml Sent: Wednesday, April 20,20114:55 PM To: Cosylion, Matt Cc: david @morningsiderecovery.com; Jeff Yates Subject: RE: Morningside Recovery - Zoning Agreement - Compliance Attachments: NB. Balcony .Parking.Smoke.Notice.docx Good afternoon Mr. Cosyilon, See attached: 1. Action Taken: Parking & Smoking Policy at 5015 River Avenue. Please acknowledge receipt of the above referenced report and notice. Action taken regarding the vehicle illegally parked at 5015 River Avenue. This Is another notice Informing all residents of our parking & smoking police. Presently, we have no knowledge of the owner of that truck in question. We are still Investigating this matter. We suspect the owner was dropping a client off at the house. Please fell free to contact me directly with any questions or comments that you may have. Wishing you well, Brian R. Burke Intake Professional 3421 Via Oporto, Suite 200 Newport Beach, CA 92663 Mobile: 949.307 -2366 Office: 949.675 -0006 Fax: 949. 675.0007 brian momingsiderecovery.com X27 ��9 P4_ Molrningsidee April 20, 2011 To: All 4821 & 4823 River Avenue Residents From: Brian Burke PLEASE NOTE: 1. At NO TIME may a vehicle park Illegally In the driveway. Vehicles may not extend over the sidewalk blocking pedestrian traffic. 2. No flicking of cigarette butts. Please place them In the appropriate receptacle. (Not the planters out front) MORNINGSIDE RECOVERY GOOD NEIGHBOR POLICY: 4 PLEASE BE CONSIDERATE OF OUR NEIGHBORS AT ALL TIMES l (Noise, second hand smoke, cleanliness, use of language) Thank you in advance for your cooperation and understanding. Cordially, Brian Burke Compliance Officer Morningside Recovery i (949) 307 -2366 222 210 1 April 25, 2011 To: All 4821 & 4823 River Avenue Staff & Residents From: Brian Burke PLEASE NOTE: 1. At NO TIME may a vehicle park Illegally in the driveway. Vehicles may not extend over the sidewalk blocking pedestrian traffic or over the planters. 2. No flicking,of cigarette butts. Please place them in the appropriate receptacle. (Not the planters out front) MORNINGSIDE RECOVERY GOOD NEIGHBOR POLICY: PLEASE BE CONSIDERATE OF OUR NEIGHBORS AT ALL TIMES (Noise, second hand smoke, cleanliness, use of language) Thank you in advance for your cooperation and understanding. Cordially, Brian Burke Compliance Officer Morningside Recovery (949) 307.2366 2i� .. HF �F. j YUkT � NOTICE OF ADMINISTRATIVE CITATION 1 :It— , t;�.t.,; '�J %i CITY OF NEWPORT BEACH . Community Development Department Code Enforcement Division �PCtl.tYOH;tv_- 3300 Newport Blvd. Newport Beach, CA 92663 949. 644.3216 Citation No, 12011.0409A Date: 04/2612011 Accounl No: 12011.0409 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 An Inspection of premises located at 4823 RIVER AVE NB In the City of Newport Beach, on 0 412 212 011 revealed a violation(s) of the Newport Beach Municipal code. THE NE)(T LEVEL CITATIONIS.NOW PENDING AND YOU MAY BE CITED'FACH:DAY TNE. VIOLATION: CONTINUES, . OTHER ENFORCEMENGACTION- AND °PENALTIES MAY ALSO RESULTIFCOMP.JU".. S.NOTACHIEVED�'df IF'YOU;COtITINUeTO IGNORE THIS CRATION.- � .•� . let Citation .$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR-ATTENTION ON .: , AND YOU HAVE NOT - CORRECTED OR RESOLVED THE MOLATION(9) . - .. ... - .. NEWPORT BEACH MUNICIPAL CODE SECTIONS) I DESCRIPTIONS OF VIOLATION(S) 1: 20.40.090C LOCATION OF PARKING CORRECTION(S) REQUIRED - 1. PARKING OF VEHICLES IS ALLOWED ONLY IN PERMANENT PARKING AREAS AND ON DRIVEWAYS LEADING TO ALLOWED PARKING AREAS. UNDER NO CIRCUMSTANCES SHALL LANDSCAPED AREAS OR HARDSCAPED AREAS IN FRONT YARDS, OTHER THAN DRIVEWAYS, BE USED FOR PARKING, RECEIPT ACKNOWLEDGED BY OR MAILED TO /r., ✓ ✓ DATE L �+ PRINT NAME OF OFFICER �,�f�/ SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 212 230 � y 1 tijr::.r•, NOTICE OF ADMINISTRATIVE CITATION 11� CITY OF NEWPORT BEACH Community Development Dopartment Code Enforcement Division 3300 Newport Bivd. Newport Beach, CA 32063 040 -644 -3216 Name of Owner or Business MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO 11200 NEWPORT BEACH, CA 02663 Citation No: 12011 -0418A Date: 0412812011 812011 Account No: 12011.0418 An inspection of premises located at 4823 RIVER AVE NB in the City of Nvwport Beach, on 0410412011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT,LEVEL. CITATION. IS NOW -PENOING:AND :YOU- MAY`;BE CITED EACH DAY TliC VIOLATIONidONTINUC$ ;OTIICR ENFORCEMENRACTION ' AND .PENACTIES:MAY ALSO'.RESUL`T IF COMPLIANCE .IS NOY. ACH(CYED OR IF;YOU CONTINUE 70 IGNORE THIS CITATION. .. .. .. 2nd Citation -$200 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT -TO YOUR ATTENTION Ott ','.AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATIONS) - NEWPORT BEACFI MUNICIPAL. CODE SECTION(S)l DESCRIPTIONS Of: VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONlS1REQl71RED:': is AS REQUIRED BY CONDITION NO. 0 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT NO. 2010 -001, MORNINGSIDE RECOVERY STAFF AND DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND/012 STOPPING AND WAITING TO LOAD RESIDENTS. 2. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500(F) TO PARK OR LEAVE A VEHICLE WITH THE BODY OF THE VEHICLE BLOCKING OR EXTENDING OVER ANY PORTION OF A SIDEWALK. THANKS. RECEIPT ACKNOWLEDGED BY OR MAILED TO r1i 1 PRINT NAME OF OFFICE: ••/ 7j._�.... Cr�S y ..ZCJ,. -F�' SIGNATURE OF OFFICER �Vf- VIOLATION(S) CLEARED AS OF . - -., __.____ (DATE INSPECTt:'D), DATE OFFICER ID H 0 09 213 231 Cosylion, Matt From: Cosylion, Matt Sent: Tuesday, May 03, 20113:43 PM To: 'Brian Burke' Subject: Administrative Citation photos Attachments: IMG_3191.jpg; IMG 3191.jpg Brian, Thank you for meeting with me today regarding the parking violation at the 4823 River Ave facility. Attached to this email are the photos taken on April 4, 2011. Your assistance in resolving this Issue Is appreciated. Feel free to call me should you have questions or concerns. Thanks. Matt Cosylion Code Enforcement Supervisor Community Development Department .3300 Newport Blvd, Newport Beach, Ca 92663 ph.(949),644 -3217 fax.(949) 718.1840 Communication to /from City of Newport Beach & Morningside re: 29 Ima Loa Court 2.33 2115 2S4 210 t , PLANNING DEPARTMENT November 2, 2010 Momingside Recovery, LLC 3421 Via Oporto, Suite 200 Newport Beach, CA 92663 Dear Ms. Bruce, Thank you for allowing the City to inspect your facilities today. Based upon the City's investigation, it has been determined that Momingside Recovery, LLC ( "MSR°) is in violation of certain operating conditions required by Zoning Agreement ("ZA") No. DA2010 -001. The City would appreciate your prompt cooperation and attention to remedy these violations. Enclosed, you will find five Notices of Violations pertaining to violations of the Operational Conditions in the ZA. The violations noted above were based upon the following conditions and observations by City staff: Condition No, 1- Occupancy Level. MSR Is limited to a total of 30 Client Beds In the Peninsula Zone and 36 Client Beds in the City. Staff determined that there are 33 Clients Beds In the Peninsula Zone and 39 Client Beds in the City. Please reduce your Client Bed count to be In compliance with the above requirements. Condition No. 8- Parking. Garages and other parking spaces at MSR facilities must be kept clear, unobstructed and available for parking. Staff determined that the garage parking spaces at 100 -102 Via Antibes were not accessible for parking. Staff found that one garage. space at 29 Ima Loa Court was partially obstructed. Please remove all storage from the above mentioned garages so that they can be utilized for parking at all times. Condition No. 9- MSR must ensure that loading and unloading of passengers shall occur only In open parking spaces or garage spaces. Van drivers are prohibited from stopping or double parking in a traffic lane to load and unload passengers. City Staff observed vans parked in a traffic lane and/or parked within a red curb (Fire Lane) zone for the purpose of loading passengers on multiple occasions. Please ensure MSR van drivers only allow loading and unloading of passengers in open parking spaces or garage spaces. Condition No, 13- MSR shall adhere to the Route Plans for transport of its staff, residents, clients, and customers. The Route Plans for all MSR facilities are found in Exhibit 5 of the ZA. Staff observed MSR vans utilizing a route not approved in the Route, Plans in Exhibit 5. Specifically, MSR vans were observed utilizing Via Oporto to pick up and transport clients. Please ensure MSR van drivers adhere to the Route Plans for the transportation and pick up of clients. 3340 Newport Boulevard • Post Office Box 1768 • Newport Beach. Callfomia 92658 -8915 Telephone: (949) 644 -3200 • Fax: (949) 644 -3229 • www.clly.newport- beach.cams 217 In addition to the above mentioned violations, the City has received complaints regarding certain activitles and conditions at the MSR facility located at 533 Via Lido Soud, which if found to be true would not be in compliance with the Operational Conditions found in Exhibit 1. At this time, the City is not making any determinations regarding the complaints. The City is merely bringing these complaints to your attention and seeking your cooperation in addressing the following issues: 1. Second Smoke- Condition No. 7 of the ZA prohibits smoking in an area from which secondhand smoke may be detected on any parcel other than parcel upon which the use is located. MSR shall make good faith best efforts to contain secondhand smoke within the lot line of the subject property. 2. Client Transport- Condition No. 9 requires that the loading and unloading of passengers shall only occur in a garage or open parking spaces. MSR shall not load/ unload passengers in the street or block other property owners' driveways when loadinglunloading passengers. 3. Quiet Hours- Condition No. 12 establishes quiet hours from 9:00 p.m. to 8:00 a.m. MSR shall strictly enforce the quiet hours by ensuring that all noise from client activities and conversations are not audible beyond the perimeter of the facility. Please be advised that the City's Planning Department Is currently undertaking a review to determine If MSR's use of the premises at 3404 Via Lido is in compliance with the City's Zoning Code. To this end, we would request that you schedule an appointment with the City's Acting Planning Director James Campbell to further discuss the use of the property. Mr. Campbell can be reached at (949)644 -3200. In an effort to verify that all of the above mentioned violations have been corrected, an inspection of all MSR facilities must be made no later than Friday, November 5, 2010. The City sincerely appreciates MSR's cooperation in resolving these Issues and correcting the violations. The City intends to continue working together with MSR to fully implement the ZX To discuss this letter or to arrange for your inspection appointment, you should contact Matt Cosylion between the hours of 8:00 to 9:00 a.m. or 4:00 to 5:00 p.m. at (949) 6443217. . Matt Cosylion Senior Code Enforcement Officer cc: Dave Kiff, City Manager David Hunt, City Attorney James Campbell, Acting Planning Director 21 2 ...__ ynlr(yt NOTICE OF VIOLATION got d CITY OF NEWPORT BEACH CODE & Water Quality Enforcement `a:.rtmou���r 5300 Newport Blvd. " °- --- Newport Beach, CA 92663 949644 -3215 Number. Date: Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 12010.1142 11102!2010 An inspection of premises located a(29 IMA LOA CT NB in the City of Newport Beach, on 11102/2010 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY (X) PREVIOUSLY ADVISED Q J FINAL WARNING 6(J 'TNIS,yIOLATION(8) WAS ORIGINALLY- 13ROUGHTTO-YOORATTENTION ON AND You HAVE - -NOT CORRECTED:O PRE SOLVEDTHE VIOLATION(S) - - - NEWPORT BEACH MUNICIPAL CODE SECTION(S) ! DESCRIPTIONS OF VIOLATION(S) 1: MC 10,50.020H, VIOLATION OF USE PERMIT CO RRECTION(S k R EQU IR E D �'- 1. CONDITION NO.8 OF ZONING AGREEMENT NO. DA2010 -001 REQUIRES THAT GARAGES AND OTHER PARKING SPACES AT ALL MORNINGSIDE RECOVERY FACILITIES BE KEPT CLEAR, UNOBSTRUCTED, AND AVAILABLE FOR PARKING. 2. PLEASE CLEAR THE GARAGE PARKING SPACES AND SCHEDULE AN INSPECTION TO VERIFY THAT THE GARAGE IS ACCESSIBLE FOR PARKING, THIS VIOLATION MUST BE CORRECTED ON OR BEFORE .f / D . If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER C 0.5 SIGNATURC OF OFFICERi��'- '_'��� VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID s 0309 �29 Cosylion, Matt From: Sent: To: Cc: Attachments: Good Afternoon Candace, Cosylion, Matt Wednesday, November 10, 2010 3:32 PM 'Candace Bruce' Wolcott, Cathy; Rowan, Kyle Document.pdf Thank you for allowing the City to inspect MSR's facilities on Friday, November 5. As I discussed with Kyle and you, the City Planters at 4823 River Ave must be kept free of cigarette butts and trash at all times. I think that by requiring residents to smoke in the rear yard this problem may be resolved. Should residents continue to smoke in front of the garage, it is MSR's responsibility to ensure that they do not dispose of cigarette butts in the planters. Attached to this email is a Notice of Violation for the cigarette butts in the City planters. Please let me know when I can inspect the garage at 29 Ima Loa Court. Lastly, the City continues to receive complaints regarding secondhand smoke from Morningside Recovery's facility at 533 Via Lido Soud. As you are aware, Condition No. 7 of the ZA requires that secondhand smoke be contained on 533 Via Lido Soud. As required by Condition No. 7, MSR shall make good faith best efforts to contain the secondhand smoke within the lot line of 533 Via Lido Soud. I recommend that MSR review when and where clients smoke at 533 Via Lido Soud and make any necessary changes so that MSR is in compliance with Condition No. 7 of the Zoning Agreement. Please note that further violations of Condition No. 7 will result in the issuance of administrative citations. Thanks. Matt Cosylion Senior Code & Water Quality Enforcement Officer Plannlri'g Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 t �3g PLANNING DEPARTMENT November 23, 2010 i,. Morningside Recovery, LLC 3421 Via Oporto, Suite 200 Newport Beach, CA 92663 Dear Ms. Bruce, The City has received complaints regarding secondhand smoke affecting residents of properties near the Morningside Recovery (MSR) facility located at 29 ima Loa Court. Should these complaints be true, this would be a violation of Condition No. 7 of the Operational Conditions in Exhibit 1 of Zoning Agreement (ZA) No. DA2010 -001. Condition No. 7 of the ZA prohibits smoking in an area from which secondhand smoke may be detected on any parcel other than the parcel upon which the use is located. MSR's ZA requires that MSR make good faith best efforts to contain secondhand smoke within the lot line of the subject property. Secondhand smoke is designated as a Toxic Air Contaminant by the State of California and poses a serious health hazard that can lead to disease and premature death in children and nonsmoking adults. There is no known safe level of exposure to secondhand smoke and even brief exposure can be harmful to a person's health. At this time, the City is not making any determinations regarding the complaints. The City is merely bringing these complaints to your attention and seeking your cooperation in addressing them. Please let me know what measures you will be taking to correct this potential serious problem and health risk. The City sincerely appreciates MSR's cooperation in helping to resolve this matter. To discuss this letter, you should contact Matt Cosylion between the hours of 8:00 to 9:00 a.m. or 4:00 to 5:00 p.m. at (949) 644 -3217. Sincerely, Matt Cosy)ierf } Senior Code Enforcement Officer cc: David Hunt, City Attorney James Campbell, Acting Planning Director 3:300 Newpoo 1,1011 11 w and • Post t7fllE,a 130 1 768 - Newport Boach. C'aIIoi nla 9265M9 15 �� Tckcphnnr: (00)) (544 -3200 Fax: (949) 6,14 -3 =229 • unve� ei(��.nc�kapai l- beach 1 its ��2 Cosylion, Matt From: Cosylion, Matt Sent: Tuesday, November 23, 2010 4:56 PM To: 'Candace Bruce' cc: Wolcott, Cathy Subject: 29 Ima Loa Court Attachments: Document.pdf Candace, The City has received complaints regarding secondhand smoke from Morningside Recovery's facility at 29 Ima Loa Court. The complaints have alleged that secondhand smoke can be detected from properties near this facility. Attached to this email is a copy of a letter that has been mailed to Morningside Recovery regarding these complaints. As you are aware, Condition No. 7 of the ZA requires that secondhand smoke be contained within the lot line of the subject property, 29 Ima Loa Court. I recommend that MSR review when and where clients smoke at 29 Ima Loa Court and make any necessary changes so that MSR Is in compliance with Condition No. 7 of the Zoning Agreement, Thanks. Matt Cosylion Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 222 Cosylion, Matt From: Candace Bruce Icandace @momingsiderecovery.coml Sent: Tuesday, November 23, 2010 6:43 PM To: Cosylion, Matt Cc: Wolcott, Cathy Subject: Re: 29 Ima Loa Court I will look into it, resolve and get back to you Best regards, Candace Sent from my IPhone On Nov 23, 2010, at 4:56 PM, "Cosylion, Matt" <MCosylion@newportbeachca.aov> wrote: Candace, The City has received complaints regarding secondhand smoke from Morningside Recovery's facility at 29 Ima Loa Court. The complaints have alleged that secondhand smoke can be detected from properties near this facility. Attached to this email is a copy of a letter that has been mailed to Morningside Recovery regarding these complaints. As you are aware, Condition No. 7 of the ZA requires that secondhand smoke be contained within the lot line of the subject property, 29 Ima Loa Court. I recommend that MSR review when and where clients smoke at 29 Ima Loa Court and make any necessary changes so that MSR is in compliance with Condition No. 7 of the Zoning Agreement. Thanks. Matt Cosylion Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 223 241 Cosylion, Matt From: Cosyllon, Matt Sent: Wednesday, March 30, 20112:35 PM To: 'Candace Bruce' Subject: ims Loa Ct Good Afternoon Candace, Last night I received a phone call and an email regarding the secondhand smoke from the Ima Loa Court facility. The residents stated they are starting to smell secondhand smoke particularly when residents of the facility smoke on the deck that faces the undeveloped land area behind the property. The residents were concerned that their children are being exposed to harmful secondhand smoke. Can you call me at your earliest convenience to discuss this complaint. Thanks. Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 221E 2'4'2. Cosylion, Matt From: Cosylion, Matt Sent: Wednesday; April 06, 20115:45 PM To: 'david @morningsiderecovery.com' Subject: FW: Complaints Regarding 533 Via Lido Mr. Gates, Thank you for meeting with me on Monday to discuss the complaints the City has received regarding 533 Via Lido Soud and 29 Ima Loa Ct. I really appreciate your willingness to quickly address these complaints. As you requested, I'm forwarding to you the email I sent to Candace. In reviewing my notes from the meeting, I believe the following actions were agreed upon: 1. MSR to Investigate the complaint regarding a Ford truck (license plate no. 8261475) reported to have blocked the driveway to a property near the 533 Via Lido Soud facility and report back to the City. 2. MSR will send a list of staff vehicles, including license plate numbers and makes and models, to the City. This information will be helpful to the City in responding to complaints. 3. MSR to post notices at or near all exits at the 533 Via Lido Soud facility reminding clients and staff . not to use profanity or obscene language when talking on the phone or holding conversations on the dock, decks, or the exterior of the property. A copy of the notice will be sent to the City. 4. In response to recent complaints of secondhand smoke from 29 Ima Loa Ct., MSR will direct residents of the facility not to smoke on the decks that face west, towards the vacant land area. Residents will be directed to smoke in alternative locations including the garage and the front yard deck. Additionally, the number of residents smoking at any given time will be limited to one or two persons. A copy of the notification to the house manager and the residents will be sent to the City. On a separate note, the City has not received the Quarterly Compliance Review Report that was due on March 31, Can you ask Candace to email it to me at her earliest convenience. Thanks. Matt 644 -3217 From: Cosylion, Matt Sent: Friday, April 01, 20114:25 PM To, 'Candace Bruce' Subject: Complaints Regarding 533 Via Lido Good Afternoon Candace, On March 10, 1 received a complaint that a truck (believed to be a Ford) was parked in front of a neighbor's driveway, blocking access to the garage at approximately 8:30 p.m. The license plate no. is 8Z61475. A passenger, described as a young man with close cropped, light colored hair, exited the vehicle and entered 533 Via Lido Soud. I contacted Kyle Marcotte about the issue and didn't hear back from him. Can you look into this and let me know if this vehicle is /was an MSR vehicle. Additionally, the City has received complaints that residents using the dock during the day are using profanity. Condition No. 10 requires that the MSR not tolerate lewd speech or profanity at the subject property. Please remind all residents and staff at 533 Via Lido Soud that profanity is not permitted and to be mindful of their neighbors when talking on the phone or hanging out on the decks and /or dock. Finally, the City has received complaints that secondhand smoke is not being contained within the lot line of the property. Condition No. 7 requires that secondhand smoke be contained within the lot line of the property. Is smoking still limited to the garage? When we meet on Monday, lets discuss these complaints In addition to the ima Loa Ct complaint. Thanks. Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 Z 244 220 April 19, 2011 To: All 29 Ima Loa Residents From: Brian Burke PLEASE NOTE: 1. The use of the balconies at 29 Ima Loa, Newport Beach, CA 92663 may ONLY have one person smoking on it at any given time. Please be considerate of our neighbors request to be free of second hand smoke. 2. No flicking of cigarette butts. Please place them in the appropriate receptacle. MORNINGSIDE RECOVERY GOOD NEIGHBOR POLICY: PLEASE BE CONSIDERATE OF OUR NEIGHBORS AT ALL TIMES (Noise, second hand smoke, cleanliness, use of language) Thank you In advance for your cooperation and understanding. Cordially, Brian Burke Compliance Officer Morningside Recovery (949)307.2366 245 227 Cosylion, Matt From: Cosylion, Matt Sent: Friday, May 13, 20114:45 PM To: 'Brian Burke' Subject: Quarterly Compliance Inspection and 533 Via Lido Soud Attachments: (UnlitledL0513201116341600.pdf Good Afternoon Mr. Burke, Thank you for meeting with me this afternoon at 100.102 Via Antibes as a follow up to the quarterly compliance Inspection on May 5, 2011. This email confirms that working smoke detectors were installed in the bedrooms and hallway in 100 Via Antibes as required. Additionally, two of the three parking garages were clear and accessible for parking. Please note that all three parking garages are to be accessible for parking. We'll need to arrange an appointment for next week to inspect the remaining garage. As we discussed, the City has recently received complaints regarding deliveries to 533 Via Lido Saud after 5:00 p.m., which if found to be true would be in violation of Operational Condition No. 14 of Exhibit No. 1, Zoning Agreement 2010- 001. Condition No, 14 reads as follows, "Staff members in their private vehicles may deliver business products and other packages and goods to the facility during weekdays between the hours of 9:00 a.m. to 5:00 p.m." At this time, the City Is not making any determinations regarding the complaints. The City is merely bringing these complaints to your attention and seeking your cooperation in resolving them. t nally, I have attached a copy of a letter that I am sending to you regarding the complaints of secondhand smoke from 9 Ima Loa Ct. Based on the test we conducted on May 5, it appears that secondhand smoke can be detected from djcent properties. Per our discussion today, Morningside Recovery has changed the smoking policy for 29 Ima Loa Ct, an you forward to me a copy of the memo that addresses the change in policy so that I can add it to the City's file. Thanks for all your help in addressing these concerns. Sincerely, Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 222 220 CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT Code Enforcement Division May 13, 2011 Morningside Recovery, LLC Attn: David Gates, Chief Operating Officer 3421 Via Oporto, Suite # 20D Newport Beach, CA 92663 Dear Mr. Gates, Thank you for the opportunity to inspect the Momingside Recovery facility ( "MSR ") located at 29 Ima Loa Ct. ( "the Facility°) on May 5, 2011. As you are aware, the City has received complaints regarding secondhand smoke affecting residents of properties adjacent to the Facility. In response to these complaints, MSR agreed to conduct a test to determine the validity of the complaints. During the inspection, Intake Coordinator Brian Burke stood on the lower, rear balcony of the Facility holding two lit cigarettes. After approximately five minutes, I was able to detect secondhand smoke from the lower, rear balcony at 27 Ima Loa Ct. Condition No. 7 of Zoning Agreement (WZ ) No. 2010.001 prohibits smoking in an area from which secondhand smoke may be detected on any parcel other than the parcel upon which the use is located.. MSR shall make good faith best efforts to contain secondhand smoke within the lot line of the subject property. Based on the results of this test, the City is requesting that MSR take immediate action to prevent future complaints. It is recommended that MSR find an alternative smoking location at the Facility or prohibit smoking at the Facility entirely. Please let me know what measures you will take to correct this issue and comply with the terms of the ZA. The City sincerely appreciates MSR's cooperation in helping to resolve this matter. To discuss this letter, you should contact me between the hours of 8:00 to 9:00 a.m. or 4:00 to 5:00 p.m. at (949) 644 -3217. Sincerely Matt Cosylion Code Enforcement Supervisor 1:400 Newport Boulevard • Post Offico Box 1768 • Newport Beach, Call1ornln 92668 -8915 Telephone: (949) 6.1-1-32 15 Fax: (9.19) 715-18.10 • w wv.newpnrtbcachca . gov ��9 242 230 Communication to /from City of Newport Beach & Morningside re: 100 -102 Via Antibes, 208 Via Lido Soud �) 4 C� 23i 250 232 November 2, 2010 Morningside Recovery, LLC 3421 Via Oporto, Suite 200 Newport Beach, CA 92663 Dear Ms. Bruce, Thank you for allowing the City to inspect your facilities today. Based upon the City's investigation, it has been determined that Morningside Recovery, LLC ( "MSR ") is in violation of certain operating conditions required by Zoning Agreement ("ZA ") No. DA2010 -001. The City would appreciate your prompt cooperation and attention to remedy these violations. Enclosed, you will find five Notices of Violations pertaining to violations of the Operational Conditions in the ZA. The violations noted above were based upon the following conditions and observations by City staff: Condition No. 1- Occupancy Level. MSR is limited to a total of 30 Client Beds in the Peninsula Zone and 36 Client Beds in the City. Staff determined that there are 33 Clients Beds in the Peninsula Zone and 39 Client Beds in the City. Please reduce your Client Bed count to be in compliance with the above requirements. Condition No. 8- Parking. Garages and other parking spaces at MSR facilities must be kept clear, unobstructed and available for parking. Staff determined that the garage parking spaces at 100 -102 Via Antibes were not accessible for parking. Staff found that one garage space at 29 Ima Loa Court was partially obstructed. Please remove all storage from the above mentioned garages so that they can be utilized for parking at all times. Condition No. 9- MSR must ensure that loading and unloading of passengers shall occur only in open parking spaces or garage spaces. Van drivers are prohibited from stopping or double parking in a traffic lane to load and unload passengers. City Staff observed vans parked in a traffic lane and /or parked within a red curb (Fire Lane) zone for the purpose of loading passengers on multiple occasions. Please ensure MSR van drivers only allow loading and unloading of passengers in open parking spaces or garage spaces. Condition No. 13- MSR shall adhere to the Route Plans for transport of its staff, residents, clients, and customers. The Route Plans for all MSR facilities are found in Exhibit 5 of the ZA. Staff observed MSR vans utilizing a route not approved in the Route Plans in Exhibit 5. Specifically, MSR vans were observed utilizing Via Oporto to pick up and transport clients. Please ensure MSR van drivers adhere to the Route Plans for the transportation and pick up of clients. 3300 i'NI•n-parL Boulevard • Post Office Box 1768 - P'ew-port Beach, California 92658 -891:5 Tek,phont : (949) 644 -3200 •lax: (949) (5,14-3229 wiv ,eft }.newporC- bcach.ca.LLS ��� 2271S In addition to the above mentioned violations, the City has received complaints regarding certain activities and conditions at the MSR facility located at 533 Via Lido Soud, which if found to be true would not be in compliance with the Operational Conditions found in Exhibit 1. At this time, the City is not making any determinations regarding the complaints. The City is merely bringing these complaints to your attention and seeking your cooperation in addressing the following issues: 1. Second Smoke- Condition No. 7 of the ZA prohibits smoking in an area from which secondhand smoke may be detected on any parcel other than parcel upon which the use is located. MSR shall make good faith best efforts to contain secondhand smoke within the lot line of the subject property. 2. Client Transport- Condition No. 9 requires that the loading and unloading of passengers shall only occur in a garage or open parking spaces. MSR shall not load/ unload passengers in the street or block other property owners' driveways when loadingfunloading passengers. 3. Quiet Hours- Condition No. 12 establishes quiet hours from 9:00 p.m. to 8:00 a.m. MSR shall strictly enforce the quiet hours by ensuring that all noise from client activities and conversations are not audible beyond the perimeter of the facility. Please be advised that the City's Planning Department is currently undertaking a review to determine if MSR's use of the premises at 3404 Via Lido is in compliance with the City's zoning Code. To this end, we would request that you schedule an appointment with the City's Acting Planning Director James Campbell to further discuss the use of the property. Mr. Campbell can be reached at (949)644 -3200. In an effort to verify that all of the above mentioned violations have been corrected, an inspection of all MSR facilities must be made no later than Friday, November 5, 2010. The City sincerely appreciates MSR's cooperation in resolving these issues and correcting the violations. The City intends to continue working together with MSR to fully implement the ZA. To discuss this letter or to arrange for your inspection appointment, you should contact Matt Cosylion between the hours of 8:00 to 9:00 a.m. or 4:00 to 5:00 p.m. at (949) 644 -3217. Sincerely, Matt Cosylion y Senior Code Enforcement Officer cc: Dave Kiff, City Manager David Hunt, City Attorney James Campbell, Acting Planning Director 252 2 -2 14 12010.1141 11102/2010 An inspection of premises located at 102 VIA ANTIBES NB in the City of Newport Beach, on 1 110 212 01 0 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED ] FINAL WARNING THIS VIOLA710P((S wA3 Ofl1QtNALLY BRQGGHT 7p YOCiR ATTENTION ON i ANQ YOU HAVE :t LVED'3WE VIOLATION CORRECTED OR:RESQ ($) ,.'.,,s ,t n- s, ` NEWPORT BEACH MUNICIPAL CODE SECTION(S)1 DESCRIPTIONS OF VIOLATIONS) 1: MC 10.50.020H, VIOLATION OF USE PERMIT 1. CONDITION NO.8 OF ZONING AGREEMENT NO. DA2010 -001 REQUIRES THAT GARAGES AND OTHER PARKING SPACES AT ALL MORNINGSIDE RECOVERY FACILITIES BE KEPT CLEAR, UNOBSTRUCTED, AND AVAILABLE FOR PARKING. 2. PLEASE CLEAR OUT ALL THREE GARAGE PARKING SPACES AND SCHEDULE AN INSPECTION TO VERIFY THAT THE GARAGES ARE ACCESSIBLE FOR PARKING. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(5) 15 NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER h_�..��T r SIGNATURE OF OFFICER ,;;' °>""�" VIOLATION(S) CLEARED AS OF (DATF-.INSPECTED) OFFICER ID# 0309 X53 2S5 NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE & Water Quality Enforcement 3300 Newport Blvd. Newport Beach, CA 92663 949. 644 -3215 Number: Date: Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 12010.1141 11102/2010 An inspection of premises located at 102 VIA ANTIBES NB in the City of Newport Beach, on 1 110 212 01 0 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED ] FINAL WARNING THIS VIOLA710P((S wA3 Ofl1QtNALLY BRQGGHT 7p YOCiR ATTENTION ON i ANQ YOU HAVE :t LVED'3WE VIOLATION CORRECTED OR:RESQ ($) ,.'.,,s ,t n- s, ` NEWPORT BEACH MUNICIPAL CODE SECTION(S)1 DESCRIPTIONS OF VIOLATIONS) 1: MC 10.50.020H, VIOLATION OF USE PERMIT 1. CONDITION NO.8 OF ZONING AGREEMENT NO. DA2010 -001 REQUIRES THAT GARAGES AND OTHER PARKING SPACES AT ALL MORNINGSIDE RECOVERY FACILITIES BE KEPT CLEAR, UNOBSTRUCTED, AND AVAILABLE FOR PARKING. 2. PLEASE CLEAR OUT ALL THREE GARAGE PARKING SPACES AND SCHEDULE AN INSPECTION TO VERIFY THAT THE GARAGES ARE ACCESSIBLE FOR PARKING. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(5) 15 NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER h_�..��T r SIGNATURE OF OFFICER ,;;' °>""�" VIOLATION(S) CLEARED AS OF (DATF-.INSPECTED) OFFICER ID# 0309 X53 2S5 cosy-lion, Matt From:. Cosylion, Matt Sent: Friday, May 13, 20114:45 PM To: 'Brian Burke' Subject: Quarterly Compliance Inspection and 533 Via Lido Soud . Attachments: [Untitied[_0513201116341500.pdf Good Afternoon Mr. Burke;. Thank you for meeting with me this afternoon at 100 -102 Via Antibes as a follow up to.the quarterly compliance inspection on May 5, 2011.' This email confirms that working smoke detectors were installed in the bedrooms and ( hallway in 100 Via Antibes as required, Additionally, two of the three parking garages were clear and accessible for 'appointment Please note that all three parking garages are to be accessible for parking. We'll need to arrange an appointment for next week to inspect the remaining garage. As we discussed, the City has recently received complaints regarding deliveries to 533 Via Lido Soud after 5:00 p.m., which if found to be true would be in violation of Operational Condition No. 14 of Exhibit No. 1, Zoning Agreement 2010- 001. Condition No. 14 reads as follows, "Staff members in their private. vehicles may deliver business products and other packages and goods to the facility during weekdays between the hours of 9:00 a.m. to 5:00 p.m." At this time, the City Is not making any determinations regarding the complaints. The City is merely bringing these complaints to your attention and seeking your cooperation in resolving them. Finally, I have attached a copy of a letter that I am sending to you regarding the complaints of secondhand smoke from 29 1ma Loa Ct. Based on the test we conducted on May 5, it appears that secondhand smoke can be detected from adjacent properties. Per our discussion today, Morningside Recovery has changed the smoking policy for 29 Ima Loa Ct. Can you forward to me a copy of the memo that addresses the change in policy so that I can add it to the City's file. Thanks for all your help in addressing these concerns. Sincerely, Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 230 t a,> NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH O a = Community Development Department ' Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 -644 -3215 Citation No: 12011 -0603A Date: 05116/2011 Account No: 12011 -0503 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 11200 NEWPORT BEACH, CA 92663 An inspeclion of premises located at 100 VIA ANTIBES NB in the City of Newport Beach, on 05/1312011 revealed a violation(s) of the Newport Beach Municipal code. THE,NEXT LEVEL. CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES OTHER ENFORCEMENT:ACTION AND PENALTIES MAY A4S,O;RESULT IF COMPLIANCE IS. NOT ACHIEVED OR IF YOU CONTINUE TO' IGNORElTHIS CITATION. 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH I THIS VIOLATION(S) WAS ORIGINALLY OROUGHT=70 YOUR ATTENTION ON CORRECTED OR RESOLVED THE VI.OLATRON(S): ... NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(SI REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 12 OF EXHIBIT 1 OF ZONING AGREEMENT NO. 2010-001, OPERATOR SHALL ENFORCE THE QUIET HOURS OF 9:00 P.M. TO 8:00 A.M. DAILY TO ITS PATIENTS, CLIENTS AND CUSTOMERS OCCUPYING BEDS IN ITS FACILITY. QUIET MEANS NOISE; INCLUDING MUSIC, TELEVISIONS, AND VOICES, IS NOT AUDIBLE BEYOND THE PERIMETER OF THE FACILITY EXCEPT IN A DEMONSTRABLE EMERGENCY. 2. PLEASE REMIND AIL STAFF AND RESIDENTS OF 100 -102 VIA ANTIBES AND 208 VIA LIDO SOLID THAT ALL, CONVERSATIONS AND ACTIVITIES AT THE FACILITY SHOULD NOT BE AUDIBLE BEYOND THE PERIMETER OF THE FACILITY DURING QUIET HOURS. RECEIPT ACKNOWLEDGED BY OR MAILED TO DATE PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF K)A, FE INSPECTED) OFFICER ID R 0309 21,55 2_?�7 kipiow, Morningside RWOVRKY May 18, 2011 VIA U.S. MAIL & FACSIMILE TO (949)718 -1840 City of Newport Beach Code Enforcement Division 3300 Newport Boulevard Newport Beach, California 92658 Attention: Matt Cosylion Re: Citation No.'s 12011- 0501A,12011- 0502A, and 12011 -0503A Dear Mr..Cosylion: We are in receipt of Citation No.'s 12011- 0501A,12011- 0502A, and 12011 -0503A which appear to have been issued as result of a City stakeout last Friday and Saturday night. Our response to these citations are discussed separately below: Citation No. 12011 -0501A - 533 Via Lido Soud This citation was issued for an alleged violation of Condition No. 14 of the Zoning Agreement, which permits delivery of "business products and other packages and goods to the facility during weekdays between the hours of 9:00 a.m. to 5:00 p.m ". You advised me that you were parked across the street Friday night when you observed a Navigator pull up and the driver exit the vehicle with what appeared to you to be an envelope in his hand. You claim that the driver went into the house and when he exited, he no longer had the envelope. Pursuant to Condition 14 of the Zoning Agreement, all staff has been advised that deliveries of business products, goods and other household items need to be made, in staff vehicles during the hours of 9:00 a.m, and 5:00 p.m. In accordance with this policy, no business products, or other packages or goods were delivered to 533 Via Lido Soud on Friday night. We did have a staff member visit the property on Friday night to resolve an issue at the property. I understand that during his visit, he left copies of paperwork for our house manager. Since there were no other visitors during this time, I have to assume that the individual you observed was the staff member described above. Re: City Letter of May 18, 2011 May 18, 2011 Page 2 of 4 Based upon the above, Morningside Recovery contests your allegation that we have violated Condition No. 14 of the Zoning Agreement by allowing a staff member to leave copies of papers at a facility he was visiting. Further, we dispute that it is our third violation of this nature. Accordingly, we will not be paying the $500.00 fine. Citation No. 12011-0502A - 533 Via Lido $oud This citation was issued for an alleged violation of Condition No. 12 of the Zoning Agreement, which provides, "Operator shall enforce the Quiet Hours of 9:00 p,m, to 8:00 ia.m. daily to its patients, Clients and customers occupying beds in its facility. Quiet means noise, including music, television, and voices, is not audible beyond the perimeter of the facility except in a demonstrable emergency'. In accordance with this provision, house rules require everyone to be in the house by 10:00 p.m. Many nights, Clients do noteven return home until about 9:30, so this is rarely an issue. We have house managers that monitor the Clients and ensure that the curfew is followed. In addition, we have resident assistants who roam the entire house throughout the night to ensure compliance with house rules and to take head counts. At 11:00 p.m, there is a mandatory lights out. After 11:00 p.m., watching television, talking on telephones, carrying on conversations and the use of laptops is prohibited. Clients are required to go to sleep, You informed me that'you were parked outside our facility on Friday nightwhen you heard whatyou believed to be voices coming from our garage. You claim that you could overhear their conversation from your car, You then claim to have exited the vehicle, walked across the street and continued to listen to the conversation from within. You will recall that we have previously received complaints about second hand smoke as a result of Clients smoking on our patio and balcony. In the interests of being good neighbors, we have prohibited our Clients from enjoying the waterside view and have restricted smoking to the garage area. All Clients have been advised to restrict conversations to the use of "inside voices" and to come back inside as soon as they have finished smoking. We do not allow Clients to use the outside areas as "gathering places" in the hopes of avoiding these very issues. I have spoken with our house parent and Clients and have been advised that two to three residents were in the garage in the evening doing laundry and carrying on a conversation. The Clients, and the supervising staff member assure me that the conversation was casual and the volume was low throughout the entire time they were in the garage. �57 X39 Re: City Letter of May 16, 2011 May 10, 2011 Page 3 of 4 Morningside has been extremely receptive to complaints from neighbors about noise and smoking. In fact, we have previously amended house rules and policies to address these very issues. However, we maintain that what you allegedly observed on Friday was not a violation of any of the operating conditions of the Zoning Agreement. Rather, it appears that you sat outside the facility intent on finding something you could claim as a violation. Accordingly, we dispute this citation, including the allegation that it is Morningside's third violation of this nature, and your request that we pay a $500.00 fine. Citation No.1ZM -0903A —100 Via Antibes As a finale to your after -hours stakeout, you claim to have driven by our Via Antibes property where you listened for noise and voices. You claim that you were able to hear our female residents talking, this time from inside the property. I have spoke with the Clients and staff at Via Antibes and have been assured thathouse rules are being strictly enforced and that there have been no loud conversations. When I specifically inquired about Friday evening I was advised that Friday was no different. Without the benefit of knowing the specifics of what you heard it is impossible to know whose conversation you claim you overheard. in this regard, it is possible it was a conversation from a neighboring property. Be that as it may, Condition No. 12 of the Zoning Agreement prohibits "noise, including music, television, and voices, after the hours of 9:00 p.m. to be heard from beyond the perimeter of the property". After speaking with our Clients and staff, we are unable to confirm that the alleged violation occurred. As such, we are disputing the citation, including the allegation that it is Morningside's third violation of this nature, and your accompanying request for the $500.00 fine. I wish to reiterate Morningside's intent on not only complying with the Zoning Agreement but on maintaining good relations with the City and the residents of Newport Beach, To the extent that we have received legitimate complaints about noise, deliveries, parking and smoking, we have taken all action necessary to address and resolve these issues. Where we have observed a violation of the Zoning Agreement or problems with neighbors, we have immediately taken appropriate action, including but not limited to the replacement of staff and the implementation of new and amended house rules and business policies. Notwithstanding the above, we feel like we are now the subject of a witch -hunt, which I includes baseless complaints and unjustified citations against us. Your stakeout on Friday is a perfect example of this. You went out to observe the Lido properties intent on finding some violation of the Zoning Agreement. The subject citations are the result of your determination to find something. For the reasons discussed above, the above citations are without merit and are disputed by Morningside. As such, we will not be paying the 240 Re: City Letter of May 18, 2011 May 18, 2011 Page 4 of 4 $1,500.00 in fines. In the future, I would encourage you to do a little investigation into the complaints you receive to first determine whether there is any merit to them and /or to obtain corroborating evidence. Should you wish to discuss this matter further, I am happy to meet with you. Sincerely, :71�- ,71-� BRIAN BURKE Cc: Mary Helen Beatificato, Esq. Ronald Talmo, Esq. ��i I 200 242 Communication to /from City of Newport Beach & Morningside re: General Operational Condition matters 201 243 202 244 • I 1p, W11 PLANNING DEPARTMENT November 2, 2010 Momingside Recovery, LLC 3421 Via Oporto, Suite 200 Newport Beach, CA 92663 Dear Ms. Bruce, Thank you for allowing the City to inspect your facilities today. Based upon the City's investigation, It has been determined that Morningside Recovery, LLC ("MSR ") is in violation of certain operating conditions required by Zoning Agreement ( °ZK) No. DA2010 -001. The City would appreciate your prompt cooperation and attention to remedy these violations. Enclosed, you will find five Notices of Violations pertaining to violations of the Operational Conditions in the ZA. The violations noted above were based upon the following conditions and observations by City staff: Condition No. 1- Occupancy Level. MSR is limited to a total of 30 Client Beds in the Peninsula Zone and 36 Client Beds in the City. Staff determined that there are 33 Clients Beds in the Peninsula Zone and 39 Client Beds in the City. Please reduce your Client Bed count to be in compliance with the above requirements. Condition No. 8- Parking. Garages and other parking spaces at MSR facilities must be kept Gear, unobstructed and available for parking. Staff determined that the garage parking spaces at 100 -102 Via Antibes were not accessible for parking. Staff found that one garage space at 29 Ima Loa Court was partially obstructed. Please remove all storage from the above mentioned garages so that they can be utilized for parking at all times. Condition No. 9- MSR must ensure that loading and unloading of passengers shall occur only in open parking spaces or garage spaces, Van drivers are prohibited from stopping or double parking in a traffic lane to load and unload passengers. City Staff observed vans parked in a traffic lane and/or parked within a red curb (Fire Lane) zone for the purpose of loading passengers on multiple occasions. Please ensure MSR van drivers only allow loading and unloading of passengers in open parting spaces or garage spaces. Condition No. 13- MSR shall adhere to the Route Plans for transport of its staff, residents, clients, and customers. The Route Plans for all MSR facilities are found in Exhibit 5 of the ZA. Staff observed MSR vans utilizing a route not approved in the Route Plans in Exhibit 5. Specifically, MSR vans were observed utilizing Via Oporto to pick up and transport clients. Please ensure MSR van drivers adhere to the Route Plans for the transportation and pick up of clients. 3300 Newport Boulevard • Post Office Box 1968 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3200 • Fax: (949) 644 -3229 • www.city.newport- beach.ca.us ��3 In addition to the above mentioned violations, the City has. received complaints regarding certain activities and conditions at the MSR facility located at 533 Via Lido Soud, which if found to be true would not be in compliance with the Operational Conditions found in Exhibit 1. At this time, the City is not making any determinations regarding the complaints. The City Is merely bringing these complaints to your attention and seeking your ooperation in addressing the following issues: 1. Second Smoke- Condition No. 7 of the ZA prohibits smoking in an area from which secondhand smoke may be detected on any parcel other than parcel upon which the use is located. MSR shall make good faith best efforts to contain secondhand smoke within the lot line of the subject property. 2. Client Transport- Condition No. 9 requires that the loading and unloading of passengers shall only occur in a garage or open parking spaces. MSR shall not load/ unload passengers in the street or block other property owners' driveways when loading/unloading passengers. 3. Quiet Hours- Condition No. 12 establishes quiet hours from 9:00 p.m. to 8:00 a.m. MSR shall strictly enforce the quiet hours by ensuring that ail noise from client activities and conversations are not audible beyond the perimeter of the facility. Please be advised that the City's Planning Department is currently undertaking_ a review to determine If MSR's use of the premises at 3404 Via Lido is in compliance with the City's Zoning Code. To this end, we would request that you schedule an appointment with the City's Acting Planning Director James Campbell to further discuss the use of the property. Mr. Campbell can be reached at (949)644 -3200. In an effort to verify that all of the above mentioned violations have been corrected, an inspection of all MSR facilities must be made no later than Friday, November 5, 2010. The City sincerely appreciates MSR's cooperation in resolving these Issues and correcting the violations. The City intends to continue working together with MSR to fully implement the ZA. To discuss this letter or to arrange for your inspection appointment, you should contact Matt Cosylion between the hours of 8:00 to 9:00 a.m. or 4:00 to 5:00 p.m. at (949) 844 -3217. Sincerely, Matt Cosylion Senior Code Enforcement Officer cc: Dave Kiff, City Manager David Hunt, City Attorney James Campbell, Acting Planning Director ,�ys llPpkly NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE & Water Quality Enforcement 3300 Newport Blvd. -" "-- Newport Bosch, CA 02663 949 - 644 -3215 NumUen Dale: Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 12010 -1140 11!02!2010 An Inspection of premises totaled at 3421 VIA OPORTO NB in the City of Newport Beach, on 1110212010 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY (yj PREVIOUSLY ADVISED ( j FINAL WARNING THIS VIOCAT(ON(S) WAS ORIdti4ALL Y, BR000HT�TOVOUR�ATTENTION ON ... ANDROU HAVE NOT CORRECTED'OR RESOLVED THE VIDLATIONISI ', > =� - - - -- ' NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VICLATION(S) is MC 10.50.020H, VIOLATION OF USE PERMIT CO RRECTI ON(SI`REQUIRED 1, CONDITION NO. 1 OF ZONING AGREEMENT NO. DA2010.001 LIMITS THE NUMBER OF CLIENT BEDS TO 30 IN THE PENINSULA ZONE AND A MAXIMUM OF 36 CLIENT BEDS IN THE CITY OF NEWPORT BEACH, 2, PLEASE REDUCE THE CLIENT BED COUNT TO BE IN COMPLIANCE WITH THE REQUIREMENTS IN CONDITION NO. 1, THIS VIOLATION MUST BE CORRECTED ON OR BEFORE 111,5'110 . If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500,00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER 14%"111 '--=5 SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID fl 0309 205 �ewroR 04 . To NOTICE OF VIOLATION F CITY OF NEWPORT BEACH y CODE & Water Quality Enforcement "OF0% 3300 Newport Blvd. Newport Beach, CA 92663 949. 644.3216 Number: Dale: Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 12010.1138 111 212010 An inspection of premises located at 5404 VIA LIDO NB in the City of Newport Beach, on 101 12010 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY I Dc] PREVIOUSLY ADVISED f '] FINAL WARNING [XJ =9YIO �Jt))(S)k1 ASSOfi )- f�1�%���e�J}bUGH71TO�iY�U G{�L',�.v v�am �AtID YOUiHAYNPwq+p;- ji'krdw f dRRECOR. FES�LVED '.cftiE�VlY7t'ATfiS?tT(S) - ...'�;....$;r�, ..:- ....:.:.�.`,,,i.... y_..:. NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT COR(tE &TIO S'1`:1tEOREM 1. CONDITION NO, 9 OF ZONING AGREEMENT NO. DA2010 -001 REQUIRES THAT THE LOADING AND UNLOADING OF PASSENGERS SHALL OCCUR ONLY IN OPEN PARKING SPACES OR GARAGE SPACES AND PROHIBITS VAN DRIVERS FROM STOPPING OR PARKING IN A TRAFFIC LANE TO LOADIUNLOAD PASSENGERS. 2. MORNINGSIDE RECOVERY VAN DRIVERS MUST COMPLY WITH ALL CITY RULES REGARDING PARKING ANDIOR STOPPING AND WAITING TO LOAD PASSENGERS. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE i1 S110 If the violation Is not corrected by the date specified, an ADMINISTRATIVE CITATION may be Issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER 1�'•d ' C / VIOLATION($) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 jS NOTICE OF VIOLATION CITY OF NEWPORT BEACH C, 4. CODE & Water Quality Enforcement r 3300 Newport Blvd. Newport Beach, CA 02663 ' 949.644.3215 Number: Date: Name of Owner or Businoss : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 12010 -1139 111021201 0 An inspection of premises located at 3404 VIA LIDO NB in ilia City of Newport Beach, on 10121/2010 revealed a vlolaiion(s) of the Newport Beach Municipal code. WARNING ONLY bCl PREVIOUSLY ADVISED j FINAL WARNING fYj THIS YIOLATION(S).WAS ORIGINALLY BROUGHT`SO YOUR ATTENTION QN ,:ANO YOU HAVE_'NOT r CORRECTED OR •RE30LVEO THE VIOCATION(S) :� - - - NEWPORT BEACH MUNICIPAL CODE SECTION($) / DESCRIPTIONS OF VIOLATIONS) 1: MC 10.50.020H, VIOLATION OF USE PERMIT C O R R E CT I O NSS� R EQUI R �'- 1. CONDITION NO. 13 OF ZONING AGREEMENT NO. DA2010 -001 REQUIRES THAT MORNINGSIDE RECOVERY ADHERE TO THE ROUTE PLANS IN EXHIBIT 5 O THE ZONING AGREEMENT FOR TRANSPORT OF ITS STAFF, RESIDENTS, CLIENTS, AND CUSTOMERS. 2. PLEASE ENSURE THAT ALL MORNINGSIDE RECOVERY VAN DRIVERS ADHERE TO THE ROUTE PLANS IN EXHIBIT 5. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE It /S ho . If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $S00.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER I)Zh'%T CD- }/ SIGNATURE OF OFFICER✓ VIOLATION(6) CLEARED AS OF (DATE INSPECTED). OFFICER ID 1) 0309 p��t `jll)Ri NOTICE OF VIOLATION ? } I CITY OF NEWPORT BEACH CODE & Water Quality Enforcement 3300 Nowport Blvd. - Newport Beach, CA 92663 949. 6443215 Number: Date: Name of O%Yncr or Business : MORNINGSIDE RECOVERY 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 12010.1161 T-110812010 An inspection of premises located at 3404 VIA LIDO NB in [tie City of Newport Beach, on 1110812010 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY (•,Lj PREVIOUSLY ADVISED [ I FINAL WARNING (`/j THIS VIOiA710N1S) "WA$ ORIGINALLY /) BROUGHT TO.Y00URA ENTlpN ON ,ANO YOU HAVE:NOT CORRECTED OR RESOLVED"THE VIOLAYION(9) • i' - - •: NEWPORT BEACH MUNICIPAL CODE SECTION(S) f DESCRIPTIONS OF VIOLATION(S) 1: MC 1.016.050, USE OF THE OFFICIAL SEAL CORRECTION(S) i R,CQUIRED • 1. NEWPORT BEACH MUNICIPAL CODE SECTION 1,16.050 PROHIBITS THE USE OF THE CITY SEAL WITHOUT THE EXPRESS CONSENT OF THE NEWPORT BEACH CITY COUNCIL. 2. PLEASE REMOVE THE CITY SEAL FROM MORNINGSIDE RECOVERY'S WEBSITE. 3. NOTIFY THE CITY'S CODE ENFORCEMENT DIVISION WHEN THE CITY SEAL HAS BEEN REMOVED. THANKS. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE -Tf!Z .'OGiYrL. If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200,00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER i • t�� %� �� 5�� =-�` SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE IN5PECTED) OFFICER 10 # 0309 Cosylion, Matt From: Candace Bruce ]candace @momingsiderecovery.com] Sent: Monday, November 08, 2010 12:08 PM To: Cosylion, Matt Cc: Klff, Dave Subject: NPB Seal on MSR Webslle That seal is off of our website. If you go to view and have in the past you may need to refresh the page. Cosylion, Matt From: Cosylion, Matt Sent: Wednesday, April 06, 2011 5:45 PM To: 'david @momingsiderecovery.com' Subject: FW: Complaints Regarding 533 Via Lido Mr. Gates, Thank you for meeting with me on Monday to discuss the complaints the City has received regarding 533 Via Lido Saud and 29 Ima Loa Ct. I really appreciate your willingness to quickly address these complaints. As you requested, I'm forwarding to you the email I sent to Candace. In reviewing my notes from the meeting, I believe the following actions were agreed upon: 1. MSR to investigate the complaint regarding a Ford truck (license plate no. 8Z61475) reported to have blocked the driveway to a property near the 533 Via Lido Saud facility and report back to the City. 2. MSR will send a list of staff vehicles, including license plate numbers and makes and models, to the City. This information will be helpful to the City in responding to complaints. 3. MSR to post notices at or near all exits at the 533 Via Lido Saud facility reminding clients and staff not to use profanity or obscene language when talkingon the phone or holding conversations on the dock, decks, or the exterior of the property. A copy of the notice will be sent to the City. 4. in response to recent complaints of secondhand smoke from 29 Ima Loa Ct., MSR will direct residents of the facility not to smoke on the decks that face west, towards the vacant land area. Residents will be directed to smoke in alternative locations Including the garage and the front yard deck. Additionally, the number of residents smoking at any given time will be limited to one or two persons. A copy of the notification to the house manager and the residents will be sent to the City. On a separate note, the City has not received the Quarterly Compliance Review Report that was due on March 31. Can I\ you ask Candace to email it to me at her earliest convenience. Thanks. Matt 644 -3217 From: Cosylion; Matt Sent: Friday, April 01, 20114:25 PM To: 'Candace Bruce' Subject: Complaints Regarding 533 Via Lido Good Afternoon Candace, On March 10,1 received a complaint that a truck (believed to be a Ford) was parked in front of a neighbor's driveway, blocking access to the garage at approximately 8:30 p,m. The license plate no, is 8Z61475. A passenger, described as a young man with close cropped, light colored hair, exited the vehicle and entered 533 Via Lido Saud, I contacted Kyle Marcotte about the Issue and didn't hear back from him. Can you look into this and let me know if this vehicle Is /was an MSR vehicle. Additionally, the City has received complaints that residents using the dock during the day are using profanity. Condition No. 10 requires that the MSR not tolerate lewd speech or profanity at the subject property. Please remind all residents and staff at 533 Via Lido Soud that profanity is not permitted and to be mindful of their neighbors when talking on the phone or hanging out on the decks and /or dock. Finally, the City has received complaints that secondhand smoke is not being contained within the lot line of the property. Condition No. 7 requires that secondhand smoke be contained within the lot line of the property. Is smoking still limited to the garage] When we meet on Monday, lets discuss these complaints in addition to the Ima Loa Ct complaint. Thanks, Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd, Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 2 �-=L- Cosylion, Matt From: Candace Bruce ( Candace @morningsiderecovery.comj Sent: Monday, April 11, 20114:50 PM To: Cosyllon, Matt Subject: RE: Quarterly Compliance Review Report I have sent it to Mary Helen for review and expect she will have it back to me today or tomorrow. From: Cosyllon, Matt [ malito: MCosylion()newportbeachca.aovl Sent: Monday, April 11, 20114:17 PM To: Candace Bruce Subject: Quarterly Compliance Review Report Good Afternoon Candace, I hope your vacation went well, other than the return trip. I haven't received the Compliance Review Report that was due on March 31. Can you please email it to me and copy Janet Brown. Thanks. Matt Cosyllon Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 2 j -2 254 - ��tvNrik�' ., NOTICE OF VIOLATION t- L �•'1 JYUU �,,, �' CITY OF NEWPORT BEACH COI ?1mUnRV OOVOIOpmOrit Departmeltt Code Enforcmnont Division 3300 Newport Blvd. Newpdrt Beach, CA 92663 949. 644.321.5 Numbor 12011 -0350 Dale. 04!1,4!2011 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH,CA,92663 An inspection of premises located at 3421 VIA OPORTO NB in Ihn City of Newport Beach, on 04113/2011 revealed a violation(s) of the Newport Reach Municipal code. .__ ------------------ _--------- .......................... .._.._...... ...... .. .........._--- ._.-------------- ----- .-------------- ------- '----------- .. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10,50.020H, VIOLATION OF USE PERMIT CORRE:GTION(S) �REQUIRib�= 1. AS REQUIRED BY DEVELOPMENT AGREEMENT 2010.001 (EXHIBIT A, SECTION III(NI ), MORNINGSIDE RECOVERY SHALL SUBMIT A COMPLIANCE REVIEW REPORT TO THE CITY ON OR BEFORE MARCH 31, JUNE 30, SEPTEMBER 30, AND DECEMBER 31. 2. THE.COMPLIANCE REVIEW REPORT DUE MARCH 31, 2011 HAS NOT 13EEN SUBMITTED TO THE CITY. 3.PLEASE SUBMIT A COMPLIANCE REVIEW REPORT TO THE CITY BY APRIL 19, 2011. THIS VIOLATION MUST DE CORRECTED ON OR BEFORE ��! �/. If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties %vill begin to accrue ($100.00, 5200.00, AND $500,00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunC6011 may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OF-FICE-R Co'sIvzz� Sir NATURE OF OFFICER .�._.....��-".._."._'..`. —.._ ...................- ---- -.._..^ VIOLATION(S) CLEARED AS OF (DATEINSPECTED) OFFICER ION 0309 �SJ'- Cosylion, Matt From: Cosylion, Matt Sent: Wednesday, April 20, 20113:48 PM To: Rowen, Kyle; Wolcott, Cathy Subject: FW: Attachments: 4823 River Ave -City planter.pdf; Compliance Review Report- NOV.pdf Matt 644 -3217 From: Cosyilon, Matt Sent: Thursday, April 14, 201112:12 PM To: 'david @morningslderecovery.com' Subject: Mr. Gates, Thank you for meeting with me to discuss the damage to the City planter and the parking issues at 4823 River Ave. As we discussed, Morningside Recovery is responsible for ensuring that the planters are not damaged and kept free of trash and cigarette butts. At the meeting, you indicated the house manager would be responsible for ensuring the planters are clean and maintained. Please forward to me a copy of the memo or other correspondence you send to the house manager regarding the matter. f, As you are aware, Morningside Recovery has not submitted the Compliance Review Report that was due on March 31, 2011. A Notice of Violation has been issued to Morningside Recovery for failing to submit the Report as required by Development Agreement No. 2010 -001. Please submit the Report no later than April 19, 2011. Feel free to contact me should you have any questions or concerns. Thanks. Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 274 250 City Council Attachment I Morningside Compliance Review Report (9 -28 -10 to 12- 31 -10) 27,5 257 2j 0 2�g Exhibit 3 Morningside Recovery Quarterly Compliance Review Report Date Report Submitted: )December 31, 2010 This form covers the 3 -month period of September 28, 2010 through December 31.201 0. During the above period, Momingside Recovery managed or controlled the following facilities in Newport Beach: Morningside Recovery Facilities Date of Report: December 31, 2010 Peninsula Peninsula Off - Peninsula ADP Location Zone? Clients & Clients & Licensed? Client Client Beds Beds 1. 533 Via Lido Soud Y 6 n/a N 2. 4823 -A River Avenue Y 5 n/a N 3. 4823 -B River Avenue Y 6 n/a N 4. 29 Ima Loa Court N n/a 6 N 6. 100 Via Antibes, Y 4 n/a N 208 Via Antibes, & Y 5 n/a N 102 Via Lido Soud Y 2 n/a N Total: 28 6 Note: In the above chart, "Clients" are subject to the same numerical restrictions as "Client Beds" in the Zoning Agreement. In other words, if Morningside is authorized to house six Clients in a particular facility, then it is limited to an equal number of Client Beds in that facility. The Morningside Staff Member to join the City in any inspection of the above facilities shall be: Kyle Marcotte (e -mail: kyle(a,morninesiderecovery.com, phone #: (949) 675 -0006) Please note that the following changes have occurred since execution and approval of the Zoning Agreement: • The property at 5015A & 5015B was surrendered on September 30, 2010. Morningside Recovery no longer has access to this property; 1709- 0011] - Zoning Agreement— Morningside -6xh- 3 — Quarterly Compliance Reportde -08 -04 29277 The property at 112B 39th Street was surrendered on November 30, 2010 Morningside Recovery no longer has access to this property. By my signature below, I certify and declare under the penalty of perjury under the laws of the State of California, in my personal capacity and on behalf of Morningside Recovery, LLC that Morningside Recovery has met all Operational Conditions as described in Exhibit #1 to the Zoning Agreement during the above Compliance Review Period. Dated: December 31, 2010 MORNINGSIDE RECOVERY, LLC By' — and ce, Chief Executive Officer [109. 0011J - Zoning Agreement— Momingside —fu'F, 3—Qt terly Compliance Report- 10 -08 -04 272 City Council Attachment J Morningside Compliance Review Report (1 -1 -11 to 3- 31 -11) 220 202 Morningside Recovery Quarterly Compliance Review Report Date Report Submitted: April 21, 2011 This form covers the 3 -month period of Ja nuary 1, 2011 through March 31, 2011. During the above period, Morningside Recovery managed or controlled the following facilities in Newport Beach: gym, feelit 1". Location Peninsula Zone? Peninsula Clients & Client Beds Off - Peninsula Clients & Client Beds ADP Licensed? 1.533 Via Lido Soud Y 6 X N 2. 4821 River Avenue — A, Dn Y 5 X N 3. 4823 River Avenue — B, U Y 6 X N 4.29 ]me Loa Court N X 6 N 5. Via Antibes 100 Y 4 X N 102 Y 5 X N 208 Lido Saud Y 2 X N Total: 28 6 Note: In the above chart, "Clients" are subject to the same numerical restrictions as "Client Beds" in the Zoning Agreement. In other words, if Morningside is authorized to house six Clients in a particular facility, then it is limited to an equal number of Client Beds in that facility. The Morningside Staff Member to join the City in any inspection of the above facilities shall be: Brian Burke (e -mail: Brian na,mornint= -siderecovery.com, phone #: (9„4.9) 307 -2366) By my signature below I terrify and declare under the penalty of perjury under the laws of the State of California, in my personal capacity and on behalf of Morningside Recovery, LLC that Morningside Recovery has met all Operational Conditions as described in Exhibit #1 to the Zoning Agreement during the above Compliance Review Period. Dated: April 11, 2011 MORNINCrSIDERECOVERY, LLC By'dit =� !' Brian Burke, Complianco Officer fl09 -0011 J- Zoning Agreemem — Morningslde —Gxh. 3 — Qunr4erfyCompliance Report -04/11/11 203 291 222 204 City Council Attachment K Code Enforcement Inspection Reports 22S 205 2g 200 February 15, 2010 CODE AND WATER QUALITY ENFORCEMENT DIVISION MEMORANDUM TO: . File FROW Matt Cosylion, Senior Code &.WQ Enforcement Officer SUBJECT: Morningside Recovery Facilities — Zoning Agreement Compliance Inspection & Parolee'Check Comuliance Insoection On January 27, 2011, Code Enforcement Officer (CEO) Cassi Palmer and I inspected the Momingside Recovery ( "MSR ") facilities located at 533 Via Lido Soud and 29 Ima Loa Count: The purpose,of these inspections was to verify the accuracy of the bed counts for the respective facilities as disclosed in the Compliance Review Report dated December 31, 2010 and to verify that each facility is in compliance with the operational regulations outlined in Exhibit 1 of Zoning Agreement (°ZA ") No. DA2010 -001. MSR is approved to have. 36 client beds (total) within the City, including 30 client beds in the Peninsula Zone.. The restrictions on the total number.of clients and client beds within the City I are located in Exhibit 1, Condition No. 1 of the ZA. On or before March 31 ", June 30th, September 30th, and December 31't of each year during the term of the.ZA, MSR is required to submit a Compliance Review Report which demonstrates MSR's compliance with operating conditions, facility locations, and the number of clients and client beds at each facility. As required by the Zoning Administration Protocol dated October 29, 2010 and Exhibit 4 of the ZA, MSR was notified, via email and telephone, approximately three hours in advance of the time and locations of the inspections. For this inspection, Kyle Marcotte, Community Director for MSR, accompanied CEO Palmer and me to both locations 533 Via Lido Soud This location is an unlicensed, male only sober living home House Manager: Mark McGowan IIPage 20�7L 225 Bed Counts: Downstairs No Bedrooms upstairs Bedroom 1: staff bed (door was locked, did not inspect) Bedroom 2: 1 bed Bedroom 3: 2 beds Bedroom 4: 1 bed Master Bedroom: 2 Beds Client Beds: .6 beds Clients: 6 clients Facility Totals: 6 client beds, 6 clients Medical Waste: According to Mr. Marcotte, there is no medical waste generated at this facility. Trash /Refuse Containers: The exterior of the property was clean and well - maintained. The refuse containers for the facility were stored in the side yard adjacent to 531 Via Lido Soud, Mr. Marcotte was directed to.tTmove the.refuse containers into the garage because they didn't have lids. Secondhand smoke /Cigarettes: A Notice of Violation ('NOV") was issued to MSR on November 9, 2010 for failing to contain secondhand smoke within the lot line of the property, in violation of Condition No. 7 of the ZA. In responseto the NOV and complaints from neighbors regarding secondhand smoke, MSR moved the designated smoking location• for this facility from the dock to the garage. It should be noted that the City has received two complaints of secondhand smoke since December of 2010. At the time of inspection, no cigarette butts were observed in the street, the garage or the exterior of the property. Parking: There are two off- street, covered (garage) parking spaces for this property. Both spaces were clear and accessible for parking as required by NBMC 20.40.030(B). However, the City has received complaints that MSR does not utilize the garage for parking. Mr. Marcotte was asked to direct van drivers and staff to utilize the garage for 2111age 202 22 parking to the greatest extent possible. it•should be noted that certain MSR, vehicles do' hot fit in.the garage and must be parked on the street. Client Transport: Condition No. 9 of the ZA requires MSR drivers to .respect all City rules regarding parking and/or. stopping to load clients. The City has received complaints from residents regarding violations of -this Condition. In one incident, a MSR vehicle was observed double parked on Via Lido Soud. On another occasion a MSR vehicle was observed parked facing the wrong direction on Via Lido Soud. In the latter incident, the City determined that violation did occur and an NOV was issued. Staff directed Mr. Marcotte to remind MSR drivers to utilize the garage or an open parking space when transporting clients or delivering packages to the facility and to .respect all City rules regarding parking andlor stopping. Quiet Hours: Condition No. 12 of the ZA requires that the MSR enforce the Quiet Hours of 9:00 p.m. to 8 :00 a.m. The City has received complaints regarding violations of this Condition including an incident that occurred on January.23, 2011. In this incident, the City received complaints that residents from the facility were observed, talking on the lower deck at approximately 7:30 a.m. The City determined that a violation did occur and issued an NOV to MSR. To prevent future complaints and incidents from.occurring, Mr. Marcotte agreed that it would be best to not allow residents of the facility to use the dock and the upper and lower decks during Quiet Hours. Mr. Marcotte stated that;he would post notices at.the exits to the decks advising residents of the change in policy. A meeting was scheduled for the following week to review the policy with the house manager, Mark Mcgowan. Deliveries: Condition No. 14 of the ZA limits deliveries to the facility to weekdays: between the hours of 9 :00 a.m. to 5:00 p.m. The City has received complaints of deliveries to the facility on weekends including an incident on January 22, 2011. MSR was notified of the complaint and the requirements of Condition 14. Mr. Marcotte was advised that deliveries to the facility are only to occur on weekdays as required by Condition No. 14. Mr. Marcotte indicated that MSR needed clarification on the intent of this Condition. I recommended that MSR contact the Office of the City Attorney. 29 tma Loa Court This location is an unlicensed, male only sober living home. House Manager., Gene Miller 3jl azc X27 ��9 Bed Count: Downstairs Bedroom 1:2 beds Client Count: 2 clients Upstairs Bedroom 1: Staff Bedroom 2: 1 bed Bedroom 3: 1 bed Bed Count: 2 beds Client Count: 3 clients Facility Totals: 6 beds, 5 clients Medical Waste: According to.Mr. Marcotte, there.is no medical Waste generated at this facility. Trash /Refuse Containers: The exterior of the property was clean and well- maintained. The refuse containers for the facility were stored in the garage in compliance with the requirements of NBMC 6.04.150(A). Secondhand.smoke /Cigarettes: The City has received complaints regarding secondhand smoke not ,being contained within the lot line of the property as required by Condition No, 7. A complaint :regarding secondhand smoke from the facility was filed with the City prior to the inspection. However, staff.was not able to verify the violation. Mr. Marcotte.:and the House Manager, Gene Miller, were reminded that Condition No. 7 requires MSR to contain secondhand smoke within the lot line of the property. We identified locations for smoking, including the garage and the deck over the garage, where the potential for secondhand smoke to disturb neighbors might be significantly reduced. At the time of inspection, no cigarette butts were observed in the street.or the garage. Cigarette butts were observed in the rear yard but they were faded and torn giving the appearance that they had been there for some time. Mr. Miller stated that. the cigarette butts would be picked up before; the end of the day. Off- Street.Parking: There are two covered (garage) parking spaces for this property. Both spaces were clear and accessible for parking as required by NBMC 20.40.030(B). 4 1 P a g c 27r) 222 Parolee Check Condition No. 3 requires that MSR comply with the restrictions imposed by NBMC: 20.05:030 which limits the number of parolees - probationers per residence. On February 1, 2011, the NBPD verified that MSR was operating in compliance with the requirements of this Condition. Notes Overall, the facilities inspected were clean, and free of accumulated trash and rubbish around the property. Refuse containers were stored in compliance with the requirements of NBMC 6.04.150(A). Cigarette butts were not observed in the street, alley, sidewalks or gutters near the facilities, with the exception of the.rear yard area at the Ima Loa Ct. facility. Attachments: Compliance Review Report, dated December 31, 2010 533 Via.Lido Soud- Quiet Hours Policy 51Page 2g� 2j 2 I Exhibit 3 Morningside Recovery Quarterly Compliance Review Report Date Report Submitted: December 31, 2010 This form covers.the 3 -month period of September 28, 2010 through December 31,2010, During the above period, Momingside Recovery managed or controlled the following facilities in Newport Beach: Morningside Recovery Facilities Date of Report: December 11, 2610 Peninsula Peninsula Off - Peninsula ADP Location Zone? Clients & Clients & Licensed? Client Client Beds Beds 1. 533 Via Lldo-Soud Y 6 n/a N 2. 4823 -A River Avenue Y 5 n/a N 3. 4823 -B River Avenue Y 6 n/a N 4. 29 Ima Loa Court N n/a 6 N 6. 100 Via Antibes, Y 4 n/a N 208 Via Antibes, & Y 5 n/a N 102 Via Lido Soud Y 2 n/a N Total: 28 6 Note: In the above chart, "Clients" are subject to the same numerical xestrictions as "Client Beds" in the Zoning Agreement. In other words, if Moraingside is authorized to house six Clients in a particular facility, then it is limited to an equal number of Client Beds in that facility. The Morningside Staff.Member to join the City in any inspection of the above facilities shall be: Kyle Marcotte (e- mail: :jryleAmorninesiderecoverv.com, phone #: (949) 675 -0006) Please note that the following changes have occurred since execution and approval of the 'Zoning Agreement: o The .property at .5015A. & 5015B was surrendered on September 30, 2010. Morningside.Recovery no longer has access to this property; ( 109- 00l lf- Zonlr {gAgseement— Mornfngaide— F,r3i. 3— ¢ror�erlyComppana Repasl -10 -08{14 2�0 272 0 e The property at 112B 391h 'Street was surrendered on November 30, 2010 Morningside Recovery no longer has access to this property. By my signature below, I certify and 'declare under the penalty of perjury under the laws of the State of California, in my personal capacity and on behalf of Morningside Recovery, LLC that. Morningside Recovery has met all Operational Conditions as described in Exhibit #1 to the Zoning Agreement during the above Compliance Review Period. Dated: December 31, 2010 MORNINGSIDE RECOVERY, LLC By: AExe,,2ive' Officer (109- 0011) - Toning Agreement— Momb�gside -firh. 3- 0mr/eriy Cmrpliance Report -10 -08-04 I i i 1 Mornintr s s, ie, , January 27, 2011 To: All Ildo Soud Residents From:Xyle Marcotte Please note that the use of the balconies and the Docks at 533 Lido Soud Newport Beach, CA 92663 will be unavailable from the hours of 9pm through Sam. At no time are residents permitted on the balconies between these times.. Thank you in advance for your cooperation and understanding. Cordially, Kyle. Marcotte Operations Director Morningside Recovery 274 .4 22j 2 CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT CODE ENFORCEMENT DIVISION NEWPORT BEACH, CA 92658 -8915 (949) 644 -3217 APFF L07.71ro rp Im To: File From: Matt Cosylion, Code Enforcement Supervisor -/l7C- Date: May 13, 2011 Re: Morningside Recovery Facilities - Zoning Agreement Compliance Inspection Compliance Inspection On May 5, 2011, 1 inspected the Momingside Recovery ( "MSR ") facilities located at 533 Via Lido Soud, 100 -102 Via Antibes and 208 Via Lido Soud, and 29 Ima Loa Court: The purpose of these inspections was to verify the accuracy'pf4he bed counts for the respective facilities as disclosed in the Compliance Review Report dated April 21., 2011 and to verify that each facility is in compliance with the operational regulations outlined in Exhibit 1 of Zoning Agreement (°ZA ") No. DA2010 -001. MSR is approved to have 36 client beds (total) within the City, including 30 client beds in the Peninsula Zone. The restrictions on the total ,number of clients and client beds within the City are located in Exhibit 1, Condition No. 1 of the ZA. On or before March 31s`, June 30th, September 30'", and December 315` of each year during the term of the ZA, MSR is required to submit a Compliance Review Report which demonstrates MSR's compliance with operating conditions, facility locations, and the number of clients and ciient'beds at each facility. it should be noted that MSR did not submit.a Compliance Review Report until April 21, 2011. A Notice of Violation was issued to MSR for failing to submit the Report as required by the ZA. As required by the Zoning Administration Protocol dated October 29, 2010 and Exhibit 4 of the ZA. MSR was notified, via email and telephone, approximately 4 hours in advance of the time and locations of the inspections. For this inspection, Brian Burke, Intake , Coordinator for MSR. accompanied me on the inspections. 29 Ima Loa Court This:location is an unlicensed, male only sober living home. I�l'ag House Manager: Gene Miller Bed Count: Downstairs Bedroom 1; 2 beds Upstairs Bedroom 1: staff Bedroom 2: 1 Led Bedroom 3: 2 beds Bedroom 4: 1 bed Facility Totals: 6 beds Medical Waste: There. is no medical waste generated at this facility. TrashlRefuse Containers: The exterior of the property was clean and well- maintained. The refuse containers for the facility were stored in the garage in compliance with the requirements of NBMC 6.04.150(A). Secondhand smokelCigarettes: The City has received complaints regarding secondhand smoke not being contained within the lot line of the property as required by Condition No. 7. Since the last quarterly compliance Inspection, the City has received approximately 4 complaints related to secondhand smoke. prior to beginning the inspection, I asked Mr. Burke if he would agree to a field test-to determine if secondhand smoke can be detected from adjacent properties. Mr. Burke agreed to the test and proceeded to light two cigarettes while standing in the lower, rear balcony of the property. - - -I contacted- the - residents of 27- Imo -Loa Ct and'requested -their permission to'sfand ori" tti'e lbwef, rear balcony to monitor for secondhand smoke. After approximately 5 minutes, i was able to detect secondhand smoke. It should be noted that there was no one smoking at 30, 28, and 26 Ima Loa Ct. I advised Mr. Burke that secondhand smoke can be detected from adjacent properties (based on the test) and recommended that an alternative smoking location be found for this facility. Mr. Burke stated that he would review the results of the test with MSR Chief Operating Officer David Gates. Mr. Burke agreed that it would be best not to allow residents to smoke on the rear balconies of the property. Off - Street Parking There are two covered (garage) parking spaces for this property. Both spaces were clear and accessible for parking as required by NBMC 20.40.030(8). 21Pitgc ��2J4 Client Transport: No recent complaints regarding this condition. Quiet Hours: No recent complaints regarding this condition. Deliveries: No recent complaints regarding this condition. Notes: With the exception of the secondhand smoking complaint, no other complaints have been filed with the City for this facility regarding violations of the conditions of approval for the ZA. 100 -1.02 Via Antibes, 208 Via Lido Soud This location is an unlicensed, female only sober living home. 100 Via Antibes Bed Count: Bedroom 1: 2.beds Bedroom 2: 2 beds 102 Via Antibes Bedroom 1: 1 bed Bedroom 2: 2 beds Master Bedroom: 2 beds 208 Via Lido Soud Bedroom 1: staff Bedroom:2: 2 beds Facility Totals: 11 client beds Medical Waste: There is no medical waste generated at this facility. Trash /Refuse Containers. The exterior of the property was clean and well- maintained. The refuse containers for the facility were . stored in the side yard in compliance with the requirements of NBMC sections 6.09.090 and 6.04.150. Secondhand smokelCigarettes 31P::_, 2 J,5 At the time of inspection; no cigarette butts were observed in the street, the garage or the exterior of the property. Cigarette receptacles were located in the side yard and the second floor deck. There are three off - street ;, covered (garage) parking spaces for this property. One of the spaces was clear . and accessible for parking as required by NBMC 20.40.030(6). Mr. Burke did not have a key to open the doors to the other garage spaces. He agreed to schedule a'follow up inspection to verify compliance. Client Transport: No recent complaints regarding this condition. Quiet Hours: No recent complaints regarding this condition. Deliveries: No recent complaints regarding this condition. Notes: No complaints have been filed with the City for this facility regarding violations of the conditions of approval for the ZA. 533 Via Lido Soud This location is an unlicensed, male only sober living home. House Manager. - Mark McGowan . _.... 1 .._.:-­Bed Counts. .. _. _... _,.: „ . _._..... ..... . Downstairs No Bedrooms Upstairs Bedroom 1: staff Bedroom 2: 1 bed Bedroom 3: 2 beds Bedroom 4: 1 bed dllrr��,� ��g Master Bedroorn: 2 Beds Facility Totals: 6 client beds, Medical Waste: There is no medical waste.generated at this facility. TrashlRefuse Containers: The exterior of the property was clean and well- maintained- The refuse containers for the facility were stored in compliance with the requirements of NBMC sections 6.04.090 and 6:04.150. Secondhand smokelCigarettes At the time of inspection, no cigarette butts were observed in the street, the_garage.or the exterior of the.property. It should be noted that the City received a complaint regarding the disposal of: cigarette butts on the street in front of the facility in April of.2011. MSR was notified of the complaint and directed to take steps to prevent future problems. Additionally, it should be noted the City has not received complaints of secondhand smoke from the facility since January 4, 2011. Parking: There are two off - street, covered (garage) parking spaces for this property. Both spaces were clear and accessible for parking as.required by NBMC 20.40.030(6). Client Transport: Condition No. 9 of the ZA requires '.MSR drivers to respect all City rules regarding parking and /or stopping to load clients. The City has. received complaints from residents regarding violations of this condition since the last quarterly compliance inspection on January 27, 2011. It should be noted that on January 31, 2011 a MSR transportation vehicle was parked blocking the intersection of Via Nice and Via Lido Soud. A $100 Administrative Citation was issued to MSR forthis -.incident:. _.... The City has notified MSR of the complaints and advised MSR that future violations of this condition will result in further enforcement action including additional administrative citations. Quiet Hours: Condition No. 12 of the ZA requires that the MSR enforce the Quiet Hours of 9:00 p.m. to 8:00 a.m. The City has received complaints regarding violations of this condition since the last quarterly compliance inspection. The City has notified MSR of the complaints, and advised MSR that future violations of this condition will result in further enforcement action including administrative citations. ��9 Deliveries: Condition No. 14 of the ZA limits deliveries to the facility to weekdays between the hours of 9:00 a.m. to 5:00 p.m. The City has received complaints of deliveries to the facility on weekends and on weekdays after 5;00 p.m. _. MSR has been notified of the complaints and the requirements of Condition 14. Parolee Check Condition No. 3 requires that MSR comply with the restrictions imposed by NBMC 20:05:030 which limits the number of parolees- probationers per residence. The City is requiring MSR to submit a compliance report for this condition. MSR must certify under penalty of.perjury that they are in compliance with the requirements of this condition. A copy of the signed certification report will be added to this memorandum upon receipt. Notes Overall, the facilities inspected were Glean, and free of accumulated trash and rubbish around the property. Refuse containers were stored in compliance with the requirements of NBMC 6.04.150(A). Cigarette butts were not observed in the street, alley, sidewalks or gutters near the1acilities. Attachments: Compliance Review Report, dated April 21, 2011 533 Via Lino Soud- Good Neighbor Policy 29 Ima Loa Court- Smoking Policy 6 111 it +r -c 2j2 �g� Morningside Recovery Quarterly Compliance Review Report Date Report Submitted: Anrll 21.2011 'Phis form covers the 3 -month period of rninary 1, 20]1 though Alareh 31, 2011, Dtuing the above period, Morningside Recovery managed or controlled the following facilities in Morningstdo Recovery Facilities Location .Peninsula Zone? Peninsula Clients & Client Beds Peninsula Peninsula Clients & Client Beds__ ADP Licensed? 1.533 Via Lido Send Y 6 X N .2. 4821 :River Avenue - A, Del Y 5 X N 3. 4623 River Avenue - B, U Y 6 X_ N 4. 29 Ima Loa:Court N X 6 �� N 5. Via Antibes 100 Y 4 X N 102 Y 5 X N [2:0E811—do Soud Y 2 X N Total: 28 6 Note: In Hie above chart, "Clients" are subject to die same numerical restrictions as "Client Beds" in the Zoning Agreement. In oilier words, if Morningside is authorized to house six Clients in a particular facility, then it is limited to an equal number of Client Beds in that faoility. The Morningside StaffMenber to join the City in any inspection of the above facilities shall be: Brian Tinrke(e- mail: Brian (rdmornineslderecoyery.com, phone II: 'f9491107 -236 By my signature betow I certify and declare under the penalty of perjury raider the laws of the State of California, in niy personal capacity and on behalf of Morningside Recovery, LLC that Morningside Recovery has met all Operational Conditions as described in Exhibit 11.1. to, the I Zoning Agreement dw'ing the above Compliance Review Period. Dated: April 11, 2011 MORNINGME RECOVERIr, LLC By: - c:-Cn1 Brian Burkc, Compliance Officer fllt9UGl(J- 7 -onaig Abret ?+wn - .kforningsidc ;:xG.J- jT+rvtertr Camplinne¢Repart- USItt:Ji Mo>"nzz��sicle x aWrtY April 19, 2011 i To: All 291ma Loa Residents From: Brian Burke PLEASE NOTE: 1. The use of the balconies at 29 Ina Loa, Newport Beach, CA 92663 may ONLY have one person.smoking on it at any given time. Please be considerate of our neighbors request to be free of second hand smoke. 2. No flicking of cigarette butts. Please place them in the appropriate receptacle, I MORNINGSIDE RECOVERY GOOD NEIGHBOR POLICY: PLEASE BE CONSiDERATE.OF OUR NEIGHBORS AT ALL TIMES (Noise., second hand smoke, cleanliness, use of,language) Thank you in advance for your cooperation and understanding. Cordially, i Brian Burke Compliance Officer Morningside Recovery (949)'307 -2366 300 222 i Mornings dM April 25, 2011 To: All $33 Lido Send Staff & Residents From., Brian Burke PLEASE NOTE: 1. At NO TIME may a vehicle park illegally on the street. 2, No flicking of cigarette butts. Please place them in the appropriate. receptacle. 3. No deliveries to the house after 5:00 pm i M012NINGSIDE RECOVERY GOOD NEIGHBOR POLICY: PLEASE BE CONSIDERATE OF OUR NEIGHBORS AT ALL TIMES i .(Noise, second hand smoke, cleanliness, use of language) Thank you in advance for your cooperation and understanding. Cordially, Brian Burke Compliance Officer Morningside Recovery (949) 307 -2366 i 301 22S City Council Attachment C Minutes and Transcript of June 14, 2011, City Council Meeting S02 City of Newport Beach City Council Minutes June 14, 2011 plan. He assured that the document will be amended. He a ' g no f"rther testimony, Mayor Henn closed the public heari:eil . Council ber Rosansky indicated that he will amend his motion incl the change. A en m ti Council Member seconded C Member Curry to a) adopt a ded Resolution No. 2011.53 appiroving the 2 UWMP; and b) direct staff to fulfill the tification requirements set forth in the ater Code once the UWMP is adopted: The amended motion carried by fh@ following roll call Ayes: Council Member Hill, Council Henn, Council Member Selich, Mayor Pro Tem Gardner, Mayor irry, Council Member Daigle 20. VIA LIDO AMENDMENTS, {PA2011-0 808, 8877 VIA LIDO AND 8378 VIA OPORTO - AMENDMENTS TOT GEN PLAN, COASTAL LAND USE PLAN, AND THE ZONING C E TO CHA GE THE DESIGNATIONS OF SUBJECT PROPERTY FR MULTIPLE -U RESIDENTIAL (RM) TO MIXED -USE VERTICAL -V). [100 -20111 Mayor Henn opened a public hearing. Hearing no to imony, he closed the public hearing. to continue them to the June 28, 2011 City Council meeting. The n}6tion carried by the following roll call vote: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, M Henn, Council Member Selich, Council Member Curry, Council Member Daigle 27. PERIODIC REVIEW OF COMPLIANCE OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR MORNINGSIDE RECOVERY, LLC (PA2011 -107). 1100 -20111 Mayor Henn called for a show of hands of those members of the audience who intended to testify regarding this item, and based upon their response, he suggested that the time allotted to each Public Speaker be limited. It was the consensus of Council to limit public testimony to three minutes. Associate Planner Brown provided a PowerPoint presentation to discuss the Zoning Agreement, display the existing facilities, discuss key operating conditions, violations of conditions, Notice of Violations (NOVs) and Administrative Citations, highlight the total notices issued for failure to comply, discuss issues with the 24 -hour hotline, Morningside's administrative and client treatment facilities, and recommendation. Mayor Pro Tem Gardner requested an explanation from Morningside Recovery regarding the lack of a 24 -hour hotline. In response to a Council questions, City Attorney Hunt explained the series of events that will transpire if the City Council adopts the recommendations and stated that the City is bound by the terms of the Zoning Agreement. Volume 60 -Page 169 303 City of Newport Beach City Council Minutes June 14, 2011 Mayor Henn opened the public hearing. Mary Helen Beatifrcato, Attorney for Morningside Recovery, believed that Morningside Recovery is not obligated to establish a 24 -hour hotline under the terms of the Zoning Agreement Operational Conditions. She stated that Morningside Recovery has been in full compliance with all Zoning Agreement Operational Conditions regarding parolees and probationers, and in good faith compliance with the Zoning Agreement Operational Conditions regarding smoking and tobacco use. She challenged the veracity of some of the 19 NOVs and 14 Administrative Citations issued against Morningside Recovery. Discussion ensued between Council and staff regarding whether or not Morningside Recovery has demonstrated good faith compliance with the Zoning Agreement Operational Conditions regarding the 24 -hour hotline and the 533 Via Lido Soud facility. In response to Ms. Beatificato's challenge regarding the NOVs and Administrative Citations issued against Morningside Recovery, City Manager I {iff stated that the City's typical process involves a fairly extensive investigation by Code Enforcement before an NOV or Administrative Citation is issued. Senior Code Enforcement Officer Cosylion confirmed the City Manager's statement. Joel Slutzky, representing Maintain Our Residential Neighborhood (MORN), thanked staff for the 300 -page staff report which documents what MORN considers to be a pattern of significant repetitive violations by Morningside Recovery. Tom Billings, member of MORN, suggested that the City Council consider taking immediate action to shut down all of Morningside Recovery's facilities. Willis Longyear expressed the opinion that the high turnover rate associated with a business like Morningside Recovery is the underlying cause of its repeated violations of the Zoning Agreement Operational Conditions, and that the City Council should consider forcing Morningside Recovery to relocate its facilities that are located in R -1 and R -2 zones to locations which are more compatible with such high turnover businesses. Edward Cook believed that a business like Morningside Recovery should not be allowed to operate in a Residential Zone. Barbara Lichman, Counsel for MORN, questioned the legality of Morningside Recovery's 533 Via Lido.Soud facility. Nancy Sheffner spoke in support of the recommendations. Tom Larkin stated his concern regarding the apparent lack of investigations by the Fire Department of Morningside Recovery's facilities. Mark Ruder believed that a CEQA study is required for Morningside Recovery's operations. Roger McGregor expressed the opinion that a business like Morningside Recovery should not be allowed to operate in a Residential Zone. Jack Thompson believed that a business like Morningside Recovery should not be allowed to operate in a Residential Zone. Volume 60 - Page 170 304 City of Newport Beach City Council Minutes June 14, 2011 Laura Sharp submitted a packet that purportedly documents numerous violations of the Zoning Agreement Operational Conditions by Morningside Recovery which were not included in the staff report. Doug Dwyer stated his concerns regarding perceived violations by Morningside Recovery of the Zoning Agreement Operational Conditions regarding smoking and parking, and suggested that the City Council impose a bed tax on Morningside Recovery. Cynthia Koller questioned why complaints against Morningside Recovery by residents of the Balboa Peninsula were not included in the staff report. Denys Oberman read a prepared statement that urged the City Council to pursue legal remedies against Morningside Recovery that are in the best interest of the City and the community. Jonathan L. Birer, President and owner of Charlie's Locker, asked the City Council to eliminate the unfair disruption of business activity on Lido caused by the presence of Morningside Recovery. Laura Curran requested information regarding how Newport Beach enforces rules and regulations relative to commercial housing of parolees, probationers, registered sex offenders, gang members, and clients funded by Proposition 36. David Diamond thanked the City Council and City Manager Kiff for what they have accomplished to date regarding this matter. He suggested that the City Council compare the complaints registered against Morningside Recovery with complaints registered against similar businesses for possible guidance in their decision making process. Jim Mahoney, a business owner in Lido Village, stated his concerns regarding the inconsiderate behavior of Morningside Recovery clients. Nicolai Glazer expressed the opinion that the residents of Morningside Recovery are not good neighbors. Mike Zawadzki read a prepared statement, believing that the Zoning Agreement afforded Morningside Recovery generous, unprecedented benefits, and was a well- intentioned mistake. He requested that the City Council terminate the Zoning Agreement with Morningside Recovery. Victoria Zawadzki stated that she has personally observed and taken photographs of numerous parking and after -hour deliveries which are violations of the Zoning Agreement Operational Conditions. Julie Ackerman believed that Morningside Recovery is not adequately instructing its employees and clients regarding the Zoning Agreement. Marian Dickens shared her observations of what she considers ridiculous behaviors by Morningside Recovery residents, such as sunbathing on City streets. Jana Shoals questioned whether the use of the Newport Beach City Seal by Morningside Recovery on their website was in good faith. Volume 60 - Page 171 3O,5 City of Newport Beach City Council Minutes June 14, 2011 Hearing no further testimony, Mayor Henn closed the public hearing. City Attorney Hunt advised the City Council of the legal requirements for Equal Opportunity Housing for the disabled under Federal and State laws, and how that influenced the Zoning Agreement with Morningside Recovery. He advised the City Council that the issue before it for consideration is whether or not Morningaide Recovery has been in compliance with, or acting in good faith compliance with the Zoning Agreement Operational Conditions based upon the evidence before it for consideration. He reported that the only action available to the City Council at this time under the Zoning Agreement is to instruct staff to give notice to Morningside Recovery pursuant to Paragraph O of the Zoning Agreement. He commented on the parolee and probationers issue, and the allegedly abandoned facility. Discussion ensued relative to the differences between the reviews of Morningside Recovery and Sober Living by the Sea, and whether or not the evidence of a substantial and repetitive cycle of violations by Morningside Recovery indicates an unwillingness or inability to fully comply with the Operation Conditions of the Zoning Agreement. Motion by Mayor Henn, seconded by Mayor Pro Tem. Gardner to a) adopt Resolution No. 2011 -57 finding that Morningaide has not demonstrated good faith compliance with the terms and operational conditions of the Zoning Agreement based on substantial evidence; and b) direct staff to issue a written notice to Morningside specifying the manner in which Morningside has failed to comply and state the steps Morningside must take to bring itself into compliance. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle Mayor Henn recessed the meeting at 10:80 p.m. and reconvened the meeting at 10:85 p.m. with all members of the City Council in attendance. RESOLUTION NO. 2011 -54: FISCAL YEAR 2011 -12 BUDGET ADOPTION. [100- 2011] Kiff provided a staff report. Discussed ens d relative to the Balboa Island Historical Societ uck Gully Canyon Stabilization and od Control, Crystal Cove Parking Lotip Area Improvement, a potential project plan iandscaping on Bristol Street nth, sub-contracting of the Costa Mesa Jail, Fire Pre on Bureau, Call Die eh, Helicopter Air Support, the DARE Program, and the Lifegua onsenaus Pr sal. Mayor Henn opened the public hear Jim Mosher questioned why t orningside Reco item has no fiscal impact, and what portion of Account 01 250 the Balboa Island His ical Society item represents. Without objection ayor Henn recommended that the public has remain open to the June 28, 2011 ity Council meeting. Mo n b M or Pro Tom Gardner, seconded b Council Member Ros n to ntinue the public hearing and consideration of the Fiscal Year 2011 -12 Budget to the Volume 60 - Page 172 Soo I• Is I• I* I• I• i'ERTIFIED COPY TRANSCRIPTION OF PARTIAL AUDIOTAPED NEWPORT BEACH CITY COUNCIL MEETING RE: PERIODIC REVIEW OF COMPLIANCE OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR MORNINGSIDE RECOVERY, LLC (PA2011 -107). [100 -2011] Taken on Tuesday, June 14, 2011 PRJCISE REPORTING SERVICE (714) 647 -9099 • (800) 647 -9099 • FAX (714) 543 -1614 www.precisereporting.com S07 TRANSCRIPTION OF PARTIAL AUDIOTAPED NEWPORT BEACH CITY COUNCIL MEETING RE: PERIODIC REVIEW OF COMPLIANCE OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR MORNINGSIDE RECOVERY, LLC (PA2011 -107). [100 -2011] Taken on Tuesday, June 14, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 Tuesday, June 14, 2011 MAYOR HENN: Okay. We are now on to Item No. 27. CITY MANAGER KIFF: Mr. Mayor and Council Members, this is the public hearing that involves a periodic review of the compliance by Morningside Recovery with the zoning implementation and public benefit agreement. As we have just been going through a number of public hearings, we will spend more time on this one. And we'll start with a staff presentation, and then typically the applicant has an opportunity, in this case Morningside, to come up and rebut or comment on any findings that the staff has made, and then it's typically open to the public. And then typically the applicant has a chance to come back and rebut something. And then the council is free to make a recommendation. I'm going to introduce Kim Brandt to start this process. MAYOR HENN: All right. Before we do that how many people in the audience intend to make comments on this item? Okay. Well, what's the pleasure of council? Did you wish to restrict public comment to three minutes on this item? MAYOR PRO TEM GARDNER: Yeah, I think so. MAYOR HENN: Is that the consensus? All right. So public comment will be restricted to three minutes each on 2 PRECISE REPORTING SERVICE (800) 647 -9099 309 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 this item. And I would like to -- I understand this item evokes passion, and there are a lot of committed people in the audience here this evening. I would like to encourage all the members of the audience to observe appropriate decorum, which includes refraining from clapping and applause and hoots and cat calls as well. So can we please -- and that includes council members. COUNCIL MEMBER ROSANSKY: Can we just like do it all at once right at the beginning like just a minute of hooting and cat calling? MAYOR HENN: Oh, no. No. No. COUNCIL MEMBER ROSANSKY: No? MAYOR HENN: Come on, Council Member Rosansky. Let's all right. So with that admonishment we'll begin with the staff report. MS. KIM BRANDT: Thank you, Mr. Mayor. Associate Planner Janet Brown will give an overview of the staff report, and then we'll be available for questions at the completion. ASSOCIATE PLANNER BROWN: Thank you. Good evening, Mr. Mayor, members of the council. The Zoning Agreement between the City of Newport Beach and Morningside was adopted by ordinance on September 28th, 2010. The agreement provides Morningside 3 PRECISE REPORTING SERVICE (800) 647 -9099 320 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 with entitlement with the operation of residential care facilities in the city. It also establishes the terms and operational conditions with which the City and Morningside are required to comply. And it provides for a periodic compliance review once at least every 12 months to determine whether or not Morningside is in compliance with the terms and operational conditions of the agreement. Morningside currently operates facilities in these -- the following locations. The first one is here at 4823A and B River Avenue. It's a duplex, and they occupy both units. They occupy a single unit here at 29 Ima Loa Court in the Newport Crest condominium development. And here at 100 and 102 Via Antibes and 208 Via Lido Soud. They occupy a triplex, all three units. And then at 533 Via Lido Soud they occupy a single family home. Some of the key operational conditions of the Zoning Agreement are Condition No. 1, the occupancy level is limited to 36 client or client bed citywide with no more than 30 in the peninsula zone. Condition No. 7 regarding smoking and tobacco products requires that secondhand smoke may not be detected off -site and the littering of cigarette butts is prohibited. Condition No. 8 regarding parking requires that 4 PRECISE REPORTING SERVICE (800) 647 -9099 S11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 garages and other parking spaces must be available at all times for the parking of Morningside's vehicles by their staffs, clients, and visitors. Condition No. 9 regarding client transport requires that van drivers are required to respect all city rules with regards to parking, loading and unloading of passengers, and stopping in traffic lanes, for example. Condition No. 12 requires that quiet hours be observed between the hours of 9 p.m. and 8 a.m. by the Morningside clients and their staff. Since the Zoning Agreement was adopted, staff has investigated numerous complaints regarding alleged violations of the operational conditions at each of the Morningside facilities. Staff's conducted a thorough review of Morningside's operations and requirements of the agreement, and per the review process, including interior and exterior inspections by our code enforcement division, we have identified a significant pattern of repeated violations. Based on our review it appears Morningside is unable or unwilling to comply with the terms of the agreement and responsibly manage its facilities. First violation that was issued to Morningside occurred on October 15th for failure to provide accessible parking and a garage space. Then in November the City issued four notices of 5 PRECISE REPORTING SERVICE (800) 647 -9099 312 0 0 0 l� n LA J • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 violation to Morningside. The first was for failure to comply with Condition No. 1 related to the occupancy. Through on -site inspections we determined that they had exceeded the occupancy limits in the Peninsula zone. Quickly after notifying Morningside they did reduce the occupancy, and we have confirmed that they're occupied at the allowed level today. We also issued notices of violation at two different locations related to parking, and a notice of violation for the loading and unloading of passengers with a transport van, Condition No. 9, and failure to adhere to the route plans, Condition No. 13. In early December the City met with representatives of Morningside to discuss some of these complaints received in addition to some other matters. Morningside's representatives stated that they would address the issues with their staff. In the good faith effort to work with Morningside to attain compliance with the Zoning Agreement our code enforcement officer has met with Morningside representatives numerous times, and in many cases they've sent e -mails or letters to warn about complaints of repeated violations prior to issuing either a notice of violation or an administrative citation. Although Morningside has assured us that they've PRECISE REPORTING SERVICE (800) 647 -9099 No 313 • 0 0 a 0 0 0 Fi • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 addressed the issues with their staff, the City continues to receive complaints for repeated violation. Subsequent to publication of the staff report and response to some additional complaints received, the code enforcement division did issue some additional notices of violation and administrative citations that aren't reflected in the staff report. The following represents all of the notices of violation or administrative citations that have been issued to Morningside between September 28th and June 10th for failing to comply. First, with Condition No. 1 related to occupancy we've issued one notice of violation. With relation to Condition No. 6 we've issued two notices of violation. Condition No. 7 related to smoking, two notices of violation have been issued and one administrative citation. Condition No. 8 related to parking, four notices of I violation have been issued. Condition No. 9 related to client transport, four notices of violation and five administrative citations have been issued. Condition No. 12 related to quiet hours, two notices of violation and two notices of administrative citation. PRECISE REPORTING SERVICE (800) 647 -9099 71 314 C I, u rl u 0 n u J r] 0 f 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 Condition No. 13 related to route plans, one notice of violation. Condition No. 14 related to deliveries, two notices of violation -- excuse me. One notice of violation and two notices of administrative citations. And Condition No. 22 related to compliance with all local state and federal laws, one notice of violation, four administrative citations. And lastly, section N of the Zoning Agreement requires that Morningside provide compliance review reports quarterly. We've issued one notice of violation. So in the eight months that the Zoning Agreement has been -- since it's been adopted we have issued a total of 19 notices of violation and 14 administrative citation. At this time staff also believes that Morningside has failed to comply with Condition No. 15 which requires that Morningside establish a 24 hour hotline to which inquiries or complaints may be made regarding their facilities, and this information is required to be provided to the City as well as the public. In the alternative Morningside is required to provide area residents in the City with a contact name, phone number, and e -mail address to which inquiries or complaints may be addressed. While they have not provided us with a phone number, they did recently provide us with an e -mail 8 PRECISE REPORTING SERVICE (800) 647 -9099 315 u 17 u .-I u u n u J J J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 address which is shown here on the screen, brian @morningsiderecovery.com where complaints may be registered directly with Morningside. Persons wishing to register complaints with the City may do so by calling our code enforcement division at (949) 644 -3215. we've also received a number of complaints regarding Morningside's activities in the Lido Marina Village. They occupy three different locations here. This is where Morningside administrative offices are located, and it is also where they conduct individual and group therapy sessions for their clients as well as intake evaluation, psychological testing, and medical assessment. Although the uses in this area are not directly addressed in the Zoning Agreement they are subject to the rules and regulations of our Municipal Code, and further, Operational No. 22 of the Zoning Agreement does require compliance with all state, local, and federal laws. The City has been engaged in a series of ongoing dialogue with Morningside regarding the uses in this area, what's allowed versus what is not allowed, and in May, as Mr. Hunt reported, we issued a letter to Morningside requiring that they cease the disallowed uses within 30 days. That period did expire on Sunday. This afternoon we did receive a written response from Morningside, which is 9 PRECISE REPORTING SERVICE (800) 647 -9099 310 '• I• If I• I• 7 l� 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 currently being reviewed by our staff in the Community Development Department. In the meantime code enforcement has requested to schedule an inspection of each of the properties to determine what, if any, changes have been made by Morningside today. Reaching a conclusion on this outstanding matter is a priority to which staff is committed. In conclusion the purpose of tonight's hearing is for city council to determine whether Morningside has demonstrated good faith compliance with the terms and conditions of the Zoning Agreement. Based on our review and the information presented tonight staff does not believe that Morningside has made good faith efforts to comply. Staff recommends that city council determine Morningside is unable or unwilling to comply with the Zoning Agreement and adopt a resolution finding that Morningside has not demonstrated good faith compliance with the agreement. And finally, we would ask that city council direct staff to issue a written notice to Morningside describing the areas in which they have failed to comply and the steps they must take to reach compliance. And that concludes my presentation. MAYOR HENN: Thank you. Do we have questions or comments here from council? Mayor Pro Tem Gardner. MAYOR PRO TEM GARDNER: Well, I think it's fairly -- I 10 PRECISE REPORTING SERVICE (800) 647 -9099 S17 C �0 �6 �9 0 I• 0 6 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 would have to agree obviously with at least what I've heard so far from staff. One thing struck me. I mean some of these things you go okay, you know, you try and put yourself in the other person's position, and maybe they don't have as much control over staff as they should or this and that, but the fact that they can't even give us a 24 hour phone number. I mean that's so basic. That's a matter of picking up the phone and calling and saying for each of our units or this is our one person that you call. That to me was just, I don't know, a smack almost of arrogance of just hey, we don't have to pay any attention to this. So if the Morningside representatives are here, I'd sort of like to know why? Was there some issue about that that we're not aware of that maybe it's not quite as flagrant as it seems, but that did particularly strike me. MAYOR HENN: Council Member Curry. COUNCIL MEMBER CURRY: I'd like to ask the city attorney. Assuming that we make the findings as outlined by staff in accordance with this hearing, what does that then do in terms of the practicable impact or affect of abating these issues in the community? CITY ATTORNEY HUNT: Currently pursuant to the Zoning Agreement we have the responsibility under the Zoning Agreement to give notice to Morningside and allow them the 11 PRECISE REPORTING SERVICE (800) 647 -9099 Sig • • 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 30 -day cure period that's expressly within the Zoning Agreement. So the notice would be given to them outlining what is happening, giving the steps necessary to take -- to move toward resolution of the violations. They have 30 days to cure. If they have achieved cure and there have been no ongoing violations, we will report that back to the council. We'll come back and report periods to the council regarding how the 30 -day cure period went. The ongoing issues related to this matter is, as identified by staff, we have a significant pattern of ongoing or repeated types of violations. The cure will not only have to remain repaired, if I may, during that 30 days, but will need to remain repaired so for the balance of the use of the agreement we shouldn't go into another situation where we have a substantial pattern of repeat violations. So the council will receive a report back in 30 days, and if they have been functioning consistently with the Zoning Agreement will cause one thing to happen and, if they have not, then it will cause another recommendation on our part. MAYOR HENN: Okay. And so we need to follow the terms of the Zoning Agreement then in terms of this cure period? Is that the appropriate steps? CITY ATTORNEY HUNT: Yes, Mr. Mayor. In my legal 12 1 • PRECISE REPORTING SERVICE (800) 647 -9099 0 9 0 0 I• I• 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 opinion we have to follow the agreement, and I think it's appropriate to do so. And the agreement is express on giving a 30 -day notice -- a notice and a cure period of 30 days. MAYOR HENN: Because otherwise from a purely intuitive standpoint one might wonder why we wouldn't just go straight to a recommendation to terminate the agreement, but apparently we are required by the terms of the agreement. CITY ATTORNEY HUNT: We are required by the terms of the agreement. MAYOR HENN: Okay. Okay. Do we have any other comments by council members? Questions of staff? All right. Then we'll open the public hearing. We ordinarily start that with the offering the -- the applicant here the opportunity to make a statement. MS. MARY HELEN 13EATIFICATO: Good morning, Mr. Mayor, members of the city council. My name is Mary Helen Beatificato, and I'm one of the counsel representing Morningside Recovery. MAYOR HENN: Excuse me, Mary Helen, before you begin I did want to make it clear we ordinarily allow flexibility on behalf of the applicant to exceed the three minute time limit. So will you be exceeding that limit and -- MS. MARY HELEN BEATIFICATO: I don't believe so, but I don't want you to hold me to it either. MAYOR HENN: That's fine. That's fine. PRECISE REPORTING SERVICE (800) 647 -9099 13 1 S20 is Il I* CJ is is is is is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 MS. MARY HELEN BEATIFICATO: I will say -- MAYOR HENN: But I just want everybody to understand that we offer applicants that flexibility. So please go ahead with your -- MS. MARY HELEN BEATIFICATO: I will say that my intent is not to get up here and address every one of these alleged violations and tell you that they didn't happen or what we did. I think there's a summary there. what .I will -- T do want to start off with Council Member Gardner's inquiry about the hotline number. The staff report summarizes the conditions, the operational conditions in the Zoning Agreement and those summaries are not entirely accurate. And with respect to the hotline it's com -- it's not accurate. And that is that Morningside Recovery is not obligated under the Zoning Agreement to establish a 24 hour hotline. In fact, while it does talk about a 24 hour hotline, it goes on to say that alternatively, which in its most common sense means instead of establishing the hotline number, that Morningside can provide a name and an e -mail address by which complaints can be addressed. Morningside from the very beginning provided that e -mail address. In fact, over the course of the eight months since the Zoning Agreement was adopted, we've received numerous a -mails from code enforcement regarding each and 14 PRECISE REPORTING SERVICE (800) 647 -9099 321 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 every complaint just as it was made. So there was not even a finding that, in fact, those complaints were real, but that it was only that somebody had made a complaint, and so we were sent notice of that. Many of those e -mails I was either copied directly on or it was forwarded to me so that I would be aware of that. So to answer your question, no, we are not -- it's not arrogance. We didn't -- we're required to do something and we're just flat out saying we don't care. We believe that we are in compliance with that term of the Zoning Agreement. In fact, I've had numerous discussions with the City over the past week or so regarding this condition. The other thing that I wanted to address was there was a mention in the staff report about parolees and probationers, and Morningside Recovery agreed that it would not violate what provision of the Municipal Code with regards to housing parolees and probationers. And we have been at all times compliant with that. I'm very surprised in reading this only because the City has communicated with me on numerous occasions about things that needed to be addressed that the police department for Newport Beach has refused to give them those updates as to whether there are parolees or probationers being housed here in Newport at one of Morningside's facilities. To the extent again this has been our position all 15 PRECISE REPORTING SERVICE (800) 647 -9099 322 Ap A I8 II i I! If 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 along, there are a lot of things, and I've expressed this to the City, that the Zoning Agreement does not require Morningside to do. But in the interest of complying in good faith with the Zoning Agreement with getting along and having an ongoing relationship with the City of Newport Beach and the residents of Newport Beach, we are willing to go a step beyond what's required, and that would include giving updated reports on this parolee or probationers even though it's not required under the Zoning Agreement. Another thing I wanted to address was the secondhand smoke. Again, I told you that in the Zoning -- in the staff report it summarizes some of the conditions. With regards to smoking, when we were in negotiations over the Zoning Agreement we talked about smoking and the potential for having disagreement on how do you contain smoke? It's like when you go to a casino and they have -- this is the non - smoking section, the smoke doesn't tend to stay in the non - smoking -- in the smoking section. It kind of lingers and goes other places. And this is why there was a provision added that said Morningside shall demonstrate good faith compliance with this provision. And it has. For example, even though we don't believe we're required to do it with respect to 29 Ima Loa, we moved, because of complaints that we received, we moved the smoking location to a designated place within the 16 PRECISE REPORTING SERVICE (800) 647 -9099 s23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 property line so as to provide the least amount of interference with the neighbors. With respect to 533 Via Lido Soud -- yeah, with respect to 533 Via Lido Soud we've moved the smoking into the garage so that we're not affecting some of the neighbors because we were receiving numerous complaints from the City that they had received from residents. As you go through the staff report you can see that a lot of the complaints that have been received have been with respect to the 533 Via Lido Soud property, and I think it's because that's what most of the people here tonight are probably here for because of that 533 property. Overall the biggest thing that I think is not working with the Zoning Agreement is that citations are being issued, and this is why I'm not going to go one by one, citations are being issued to Morningside every time the City receives a complaint about something even without in doing any sort of investigation into that. And I want to give you two examples of something that just came up recently. We received communication from the City that Morningside was in violation of the deliveries, of not receiving deliveries after 5:00 p.m., and the reason we received that communication was because somebody was seen coming into Morningside at around 8:00 at night with an envelope in their hand, and they went into the house and, PRECISE REPORTING SERVICE (800) 647 -9099 17 1 S24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 when they came out, they didn't have the envelope. Again, clearly if you read the provisions of the Zoning Agreement, we're not in violation of having deliveries after 5:00. Another thing was we received a communication about gate noise, that the gate at 533 Via Lido Soud was making noise and so we were in violation of the quiet hours. These are the kind of things. So again, I'm not going to address every violation, but I will tell you that to say that, and I think I summarized it, to say that there were 19 notices of violations and 14 administrative citations without any investigation as to whether, in fact, there were violations of the operational conditions I think is a misstatement. Morningside is demonstrating good faith compliance. So unless you have specific questions about things -- COUNCIL MEMBER DAIGLE: I do. MS. MARY HELEN BEATIFICATO: Okay. COUNCIL MEMBER DAIGLE: I have a comment. As you pointed out, the hotline is, according to the letter of the law, is not an agreement. And so I understand you have to get your legal points on the record. My role is political, and it seems to me that if your company had more good faith, we wouldn't be here tonight and, you know, plopping one of these homes right in the middle of a residential area, that's not good faith. That's bad judgment. 18 PRECISE REPORTING SERVICE (800) 647 -9099 325 CJ fAl if is is is is I• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 And so what can you do as a corporation to fundamentally provide good faith to our community? MS. MARY HELEN BEATIFICATO: I guess I disagree with you because I think what you're taking issue with is the fact that we've established one of our facilities at 533 Via Lido Soud, which I don't really think is what we're trying to address here tonight. Morningside for their own reasons has picked the locations of where their facilities are going to be, and because the people that live within our facilities operate much like the family that most of you might have, a single housekeeping unit, we don't think that's bad judgment that we've picked 533 -- that we've picked -- COUNCIL MEMBER DAIGLE: Well, I'm not a lawyer. I'm not going to argue with you on legal points. I'm saying in terms of good faith with our community what you've done is obviously upsetting. If it's your intention to have good faith with our community, I just think you need to evaluate your -- re- evaluate your business decisions. MS. MARY HELEN BEATIFICATO: And your point is noted. I guess what I disagree with is I think Morningside has demonstrated good faith compliance. If what you're saying is unless we move our 533 Via Lido property, then we're not demonstrating good faith compliance. Then, if that's the standard we're going to use, then I guess I would have to PRECISE REPORTING SERVICE (800) 647 -9099 19 1 320 II It [7 Is is L If A IfA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 agree with you because 533 Via Lido Soud is still there and the plan is for it to stay. MAYOR HENN: Council Member Rosansky. COUNCIL MEMBER ROSANSKY: Yeah. Just going back to the hotline issue, I'm looking at the operational conditions, Exhibit 1 to the Development Agreement or the Zoning Agreement. MS. MARY HELEN BEATIFICATO: Okay. COUNCIL MEMBER ROSANSKY: It says here that you're to maintain a hot -- or provide public notice of an operator hotline for receiving inquiries and /or complaints in reference to the operation of its facility. The number may be staffed 24 hours a day or seven days a week. So have you complied with that or -- MS. MARY HELEN BEATIFICATO: With respect to the phone number? COUNCIL MEMBER ROSANSKY: I'm saying do you provide a hotline that's been -- MS. MARY HELEN BEATIFICATO: Yeah. Let me -- COUNCIL MEMBER ROSANSKY: Do you provide public notice of the number? MS. MARY HELEN BEATIFICATO: Our telephones, just as a side note, our telephones are staffed 24 hours a day. If you call Morningside, you will get somebody to answer 24 hours a day. PRECISE REPORTING SERVICE (800) 647 -9099 20 1 S27 A lJ is is is [] IfA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 COUNCIL MEMBER ROSANSKY: So that's your hotline number? MS. MARY HELEN BEATIFICATO: Well, so what I was saying is that if you keep reading on that provision -- COUNCIL MEMBER ROSANSKY: Yeah. I'm going to get to that. MS. MARY HELEN BEATIFICATO: After you get there it says alternatively, which means that instead of -- COUNCIL MEMBER ROSANSKY: Right. MS. MARY HELEN BEATIFICATO: -- there's another choice that you -- COUNCIL MEMBER ROSANSKY: Let me finish then. Alternatively the operator shall provide area residents and the City with the contact name, which I guess you did, a phone number, and, not or, and -- MS. MARY HELEN BEATIFICATO: Right. COUNCIL MEMBER ROSANSKY: -- an e -mail address. So I guess did you provide the phone number for the contact name and the e -mail address? It was brian@ -- MS. MARY HELEN BEATIFICATO: Yes. It's Morningside's number. COUNCIL MEMBER ROSANSKY: Okay. So -- MS. MARY HELEN BEATIFICATO: And that's the number that -- COUNCIL MEMBER ROSANSKY: So, Janet, is that not in compliance with the Development Agreement or the Zoning PRECISE REPORTING SERVICE (800) 647 -9099 21 1 S22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 Agreement? ASSOCIATE PLANNER BROWN: Prior to this evening or -- we have not received a phone number. We were given Brian Bert's e -mail address, but I have not been given a phone number. COUNCIL MEMBER ROSANSKY: Okay. So at least are we talking a miscommunication here? She's saying that Morningside number is Brian's number and you're saying well, they didn't tell you officially Morningside's number is Brian's number so they are not in compliance? Is that what you're saying, Janet? ASSOCIATE PLANNER BROWN: That's correct. COUNCIL MEMBER ROSANSKY: Okay. Thank you. MAYOR HENN: Okay. I have -- I have a -- did you want to say something else, Janet? ASSOCIATE PLANNER BROWN: That phone number should also be made available to the public so that they can make those phone calls if they need to. MAYOR HENN: Okay. All right. I have a question. With regard to the establishment of 533 Via Lido -- Via Soud was that -- was the occupancy of that location established in accordance with the Zoning Agreement? I guess my question is of the city attorney or the city manager. CITY ATTORNEY HUNT: That location was occupied before the actual effective date per se of the Zoning Agreement. However, with respect to the operational conditions and their 22 PRECISE REPORTING SERVICE (800) 647 -9099 S29 Is Is Is Is I• Is I• EJ I* I♦ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/1412011 effectiveness it was established at a time where they were in place and they had the right to relocate consistent with the operational conditions of the Zoning Agreement pursuant to the settlement agreement that was entered into in April. So that location at the time it was actually created was consistent with -- consistent with the operational conditions and the settlement agreement and ultimately the Zoning Agreement. MAYOR HENN: But it was occupied prior to its authorized date to be occupied under the Zoning Agreement. CITY ATTORNEY HUNT: It was -- yes. It was -- prior to the actual date under the Zoning Agreement. However, under the settlement agreement, which predated the Zoning Agreement that had an attached amount -- attachment with the operational conditions the settlement agreement said the operational condition shall -- will be in effect prior to the effective date of the Zoning Agreement. The operational conditions allowed for Morningside to re- establish or establish locations so long as they met with the disbursal requirements of the operational conditions. So while the Zoning Agreement was not in effect at the time that Morningside located at 533 Via Lido Soud, the operational conditions under the settlement agreement were. MAYOR HENN: You know, I guess I still regard that as 23 PRECISE REPORTING SERVICE (800) 647 -9099 33o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 not a demonstration of good faith in terms of the agreement to gun jump on that location. And so I don't regard that as a trivial matter. And then one of the citations was for violation of the maximum occupancies. That's certainly not a trivial matter. So I guess I -- I don't understand the idea that these violations of the agreement are trivial. MS. MARY HELEN BEATIFICATO: Mayor, may I address those? With regards to the location of the 533 property I'm not sure if you're aware of this, but Morningside actually cleared the location of that property prior to moving into that property, and I've seen e -mail correspondence with the City where the City was given locations of where Morningside was thinking about moving, and 533 Via Lido Soud was on those, and we received communication back saying that that was okay. So to say that Morningside didn't act in good faith and -- in moving to that location I don't think is entirely correct. I don't think it's correct at all. With respect to the maximum occupancy levels Morningside has never exceeded the bed caps. We did have a mis -- what I believe to be a miscommunication at the very beginning, and it had to do with we were in the process of moving facilities and we still had beds, actual beds that, if you went and you just counted the beds, you would think that we were in violation of the bed cap. PRECISE REPORTING SERVICE (800) 647 -9099 24 332 is is is Is 1s is Is Is 1• 1. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 In order to clear up that confusion as soon as that was brought to our attention and began to be made an issue of, we removed those extra beds, and that's why it was cleared up, but we have never at any point exceeded the caps that we had agreed to. MAYOR HENN: Does the city manager wish to say anything regarding this -- those comments? CITY MANAGER KIFF: I do. A fairly common misconception, and my discussion with your previous executive director, who's now no longer there, Miss Bruce, about the three -- I remember it was sort of right after the settlement agreement was executed as the Zoning Agreement was going forward it was at some point we will move the facility at 40th -- sorry, 39th Street. We're looking at these three properties. One of the properties was 533 Via Lido Soud. I was asked if these meet the criteria for -- within the Zoning Agreement to be distant enough from other facilities. I said that they do meet the criteria. I was not aware at all that the lease would be executed within days or weeks. I assume your client would have known when the settlement agreement -- sorry, when the Zoning Agreement took effect. And I also remember telling the executive director that you know what? There are a couple of properties on there which I just don't think are compatible with -- with 25 PRECISE REPORTING SERVICE (800) 647 -9099 3S2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 this type of use, and one of them was the 533 Soud was -- Soud property. She apparently took that into consideration, may have discussed that back with the owners of Morningside, and they decided to go ahead and do that anyway. At no point did I say you're clear to go, you're clear to move. These were just in terms of do they meet the requirements, the distancing requirements of the Zoning Agreement. MAYOR HENN: Okay. Councilman Rosansky. COUNCIL MEMBER ROSANSKY: Just come back to me, please. MAYOR HENN: Okay. Do we have any other comments or questions of the applicant here? COUNCIL MEMBER ROSANSKY: I remember my question now. MAYOR HENN: So I'm back to you. COUNCIL MEMBER ROSANSKY: Yeah. The applicant stated that she felt that most of these citations and violations related to the one property, the 533 property. Can you -- do you have any idea what the distribution is or something? Is that an accurate statement or not an accurate statement? ASSOCIATE PLANNER BROWN: Yes. If you take a look at handwritten Page No. 6 of the staff report, I've got a chart broken down by address, facility address where I list the number of violations per address. And I would say certainly all of the warnings, e -mail warnings and letters that we had 26 PRECISE REPORTING SERVICE (800) 647 -9099 333 of E of tj so Be 19 19 I* Is Is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 sent to Morningside were reflective of the 533 Via Lido Soud. There are other addresses where we had more notices of violation issued, but I think a great deal of activity and time spent by code enforcement is at that address. COUNCIL MEMBER ROSANSKY: But there are at least five general operational matters that didn't specifically involve any address; is that correct? And then looks like eight that involve other addresses, actually more at the 4823 River than at even the 533 Via Lido Soud. Looks like that's -- ASSOCIATE PLANNER BROWN: The general operational matters had to do with the transport vans generally driving in the city and not adhering to their route plans. COUNCIL MEMBER ROSANSKY: I understand that. I'm saying that the applicant's claim was that most of the violations, NOV's and administrative cites, involve 533 Via Lido Soud. And I guess what I'm trying to establish is that a correct statement or not a correct statement in your opinion? ASSOCIATE PLANNER BROWN: It's spread amongst all the facilities. COUNCIL MEMBER ROSANSKY: Okay. So I mean of the table I'm looking at it looks like 533 Via Lido Soud has four notices of violation and three administrative cites, but 4823 River has six notices of violation and four cites and two parking citations; right? ASSOCIATE PLANNER BROWN: Yes. That's correct. PRECISE REPORTING SERVICE (800) 647 -9099 27 1 3S4 • n 7 u r, .J n 6 � � J 0 0 r1 V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 COUNCIL MEMBER ROSANSKY: And then there's five notices of violations and one administrative citation that doesn't involve any particular property, just other operational characteristics of the business. ASSOCIATE PLANNER BROWN: Correct. COUNCIL MEMBER ROSANSKY: So -- MS. MARY HELEN BEATIFICATO: And then there's two other columns. And so if you look at the first one, 11 e -mail warnings re: all of those conditions that related to 533. Then the next one is four of the notices of violations, and then if you go to administrative citations, there was nine total, three of them were over at 533 Via Lido Soud. COUNCIL MEMBER ROSANSKY: Yeah, but four of them were at 40 -- I'm just -- MAYOR PRO TEM GARDNER: One -third of the NOV's were at the River property. COUNCIL MEMBER ROSANSKY: But are you claiming that most of the hullabaloo here involves the one property, which I agree, a lot of these people are probably here for that property. MS. MARY HELEN BEATIFICATO: Right. COUNCIL MEMBER ROSANSKY: But based upon this chart here, unless you're telling me the chart is not accurate, I would say that that statement is not -- your statement is not accurate. PRECISE REPORTING SERVICE (800) 647 -9099 3S,5 • 0 J J J 6 0 0 LI r1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 MS. MARY HELEN BEATIFICATO: I have not made up that chart, but I think -- even Miss Brown just said most of the efforts have been spent by code enforcement has related to the 533 property -- COUNCIL MEMBER ROSANSKY: Well, a lot of it does, but -- MS. MARY HELEN BEATIFICATO: -- and I would agree with that. COUNCIL MEMBER ROSANSKY: -- we're here really looking at the notices of violation and the citations. I mean e -mail warnings and this and that, you know, I agree. You know, we're calling you up on the phone saying hey, you're being bad people today, you need to do something different. I'm not so concerned about that. I'm looking at the official -- to me these are the official actions of the City issuing a notice of violation or issuing a citation is the -- MS. MARY HELEN BEATIFICATO: Yeah. I guess, Miss Brown, I guess this question would be for you. What about -- I mean we've received citations for like double parking and that. Would that be under the general category as opposed to the 533? ASSOCIATE PLANNER BROWN: There are only two parking citations noted here because it was specific to some administrative citations were issued at the same time. There is another chart in the report where we do list the parking violations, and that's on handwritten Page 9. There's just 29 PRECISE REPORTING SERVICE (800) 647 -9099 3so 1 i I u n 0 0 • Ll 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 four instances of parking violations during the period of the agreement, so they are listed in a separate chart. MS. MARY HELEN BEATIFICATO: Okay. MAYOR HENN: All right. I'd like to come back to this issue of the citations. Miss Beatificato also implied that we don't do -- we don't routinely validate these complaints, that they are sort of -- or the City is just sort of a hollow pipe. And, you know, it's the complaints yelled into one end and it comes out the other. I'd like to hear the city manager comment on what our typical activity is in terms of investigating complaints and issuing citations, etc. CITY MANAGER KIFF: The typical process is a fairly extensive investigation, and extensive in terms of code enforcement. The senior code enforcement officer Matt Cosylion is here. He could probably explain how that typical process works. We don't -- we do not, we cannot, we will not just send out an NOV based on someone's phone call or e -mail. It takes a followup investigation. It's taken very seriously by a very professional staff. CITY ATTORNEY HUNT: And if I may address that, Mr. Mayor. Our office has been involved in all the investigation with respect to these issues, either Ms. Wolcott or Mr. Verone of our office and myself. 30 PRECISE REPORTING SERVICE (800) 647 -9099 3S7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 If Mr. Cosylion can address that particular allegation, he's here, and it might be helpful. Matt, could you come forward just quickly? Ms. Beatificato has raised an issue as to whether or not we actually have conducted investigations prior to our notices of violations or administrative citations. Would you address that issue? MR.COSYLION: Sure. As the City Manager Dave Kiff said prior to issuing administrative citation we do a pretty thorough investigation with the assistance of the city attorney's office to make sure that, when we issue a citation, that, if the citation is appealed, that we have the evidence to support issuing that administrative citation. So it's not just a complaint is received and then we whip out a citation. There's a thorough investigation involved analyzing all the facts, all the circumstances, and then a citation is issued if the evidence warrants that. MAYOR HENN: All right. Do we have any other questions of the applicant? Okay. Thank you very much. We'll open public comment to others, and I thought I would invite Joel Slutzky up on behalf of the MORN organization here to make some comments to start off, and then we'll throw it open to others, anyone who wishes to make a comment. MR. SLUTZKY: I'm Joel Slutzky with MORN, Maintain Our Residential Neighborhood. PRECISE REPORTING SERVICE (800) 647 -9099 31 1 sso s J 0 0 LI 0 0 0 u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 First of all, I'd like to say we appreciate what the City put out as far as the information, 300 pages or nearly 300 pages of violations was interesting to us because we don't get to see them all, and so we had a chance to sit down and read and understand what's going on. We're very concerned, however, about the fact that, as we read these things, we see warning after warning after warning. This is going for eight months. I can't count how many times that Morningside has received a warning and there's nothing being done. So it's very important for us to see this come to some closure. The person who was up, the woman who was just up here, I'm sorry, I don't -- can't say her name properly, but she said that she didn't feel like she could address all the violations. I just want you to know these are not all the violations. These are just violations that Matt happened to come out and confirm, and so we see a lot of things that we've reported, but if somebody doesn't get out there in time, it's not a violation. I read through the 300 pages. There's 77 violations that I read in those 300 pages. I think that our position is that there's a pattern of significant repetitive violations, and I think you said that in your summation. And then there's a history of disregarding those violations and the request for cure. Some of them are 32 PRECISE REPORTING SERVICE (800) 647 -9099 0 0 0 .I 0 u u A :i .I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 bizarre. Some of them go to just very trivial type things like using the City's loco on their website and then being notified to take it off. They take it off. Few months later it comes back on. And so it's -- there's a pattern here that goes over and over, and it has to do with the CUP, the business license, the building codes, certainly with respect to the rehabilitation facilities. When I was reading through it the other night, the 300 pages, I saw an e -mail from the CEO who was admonishing some driver saying your driver continues to stop at our business residence at 533 Lido. I can't tell you how that made me feel that -- that I'm looking at something about the business -- their business residence at 533 Soud. This is an R -1 area, and it really is upsetting to us. And so you're going to see a lot of violations. You're going to see neighbors that are going to report things like double parking and smoking and what have you. There's a lot that you don't see where neighbors have gone and said to the residents you're not supposed to be out here smoking, and we've got a response -- can I just have another minute, if that's possible? MAYOR HENN: Well, try and wrap it up. MR. SLUTZKY: Okay. Get a response that says I didn't know that. They've been generally polite. They've gotten up and they've gone in. 33 PRECISE REPORTING SERVICE (800) 647 -9099 S4D • 0 0 u D 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6114/2011 I think our position is eight months of warnings is enough. We'd like to see some enforcement. Enough is enough. MAYOR HENN: Thank you. Other people that would like to comment, and to save time, if you do intend to make a comment, you may want to queue up here just so that we save a little travel time. MR. BILLINGS: Tom Billings, Newport Beach resident and also member of MORN. First of all, thank you Council Member Daigle and Council Member Henn for bringing up the salient point of the inappropriateness of a business in a residential neighborhood. Regarding the violations as one example where the Morningside attorney just rebutted that oh, yeah, we set up a designated smoking area behind -- behind the property at Antibes, well, they may have set it up, but as Joel pointed out they never adhere to it. They always move back to the front. A new group comes in -- actually in their defense I've -- when I'm walking on the Island, I've noticed them there and I'll point it out to them, they say oh, we were never told. So that's just one example where, you know, it's not -- Morningside is really just, you know, not giving us, you know, their -- the proper attention. 34 PRECISE REPORTING SERVICE (800) 647 -9099 S41 • • 0 0 0 r� U 0 s 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 In addition to these small amounts of violations that again Joel pointed out, there's been many more, there's been literally hundreds of calls, hundreds that have not only going to Matt Cosylion, but to other departments in the City including fire, you know, the police department and the fire. So basically based on your review you say, "It appears that Morningside is unable or unwilling to adequately and responsibly manage its facilities and comply with the terms of the Zoning Agreement. Again, "Pursuant to section 0.1 subdivision B of the Zoning Agreement the city council determines that Morningside is unable or unwilling to remedy violations identified, the City shall provide Morningside with written notice. If Morningside does not commence efforts to achieve compliance within 30 days after receipt of the written notice from the City and diligently pursue steps that achieve full compliance, then Morningside shall be determined to be in default under the terms of the Zoning Agreement. So let's be crystal clear. You've already given them written notice, in fact, many times over the last six months, and they have not come into compliance. I, we, members of the public who are here today, we were here six months ago, were present in these chambers back in October where the public spoke out about repeated violations and grievances this operator, business operator, yes, it's a PRECISE REPORTING SERVICE (800) 647 -9099 35 342 Ir �0 1• I• I• r • • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 business, committed back then and the adverse impact these violations have had on our community. I also heard Morningside go on record back then stating that they would act in good faith from that point forward to follow the rules. Clearly they have not. It's been a constant stream of ignoring the rules. Their time is up. No grace period. No cure period will be tolerated. No more kicking the can down the road by the city council. Tomorrow morning the City needs to send the fire marshal to these facilities, shut them down, and lock the doors. Enough is enough. MR. WILLIS LONGYEAR: Mayor Henn and members of the city council, I'm Willis Longyear, a resident of Lido Isle. By now both the City and Morningside must be quite familiar with the operation of the group homes business in Newport Beach, especially with high turn over -- with the high turnover rates of their clients. Clients are moved into residential quarters for a several month period, but most often move out within a few days or weeks to be immediately replaced by new clients. Anew client is briefed on how to behave, but then moves out in a few days or weeks, and the next client -- and the next client repeats the cycle with minimum retention of behavior to any rules of conduct and with little incentive for developing acquaintance with adjacent neighbors. It's 36 PRECISE REPORTING SERVICE (800) 647 -9099 343 I@ I* 10 is is is is is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 almost a fortress mentality that sets in, especially and closely space R -1 and R -2 residential areas this high frequently boarding house style turnover becomes very offensive to both the neighbors and the clients alike. In response to hundreds of complaints, not a couple dozen here, Morningside is ordered by the City to correct behavior -- behavioral situations which by their very nature are unlikely to remain corrected over the long haul leading to continuing violations of any acceptable operating agreement. Both the City and Morningside should know it is impractical to locate recovery homes in this kind of a living environment. It is high time for the City to require Morningside to relocate its recovery operations to locations where homes are capable of providing more compatible living environments. Enough is enough. Thank you. MR. EDWARD COOK: Mr. Mayor, honorable council persons, I I've actually amended my comments. I'd like -- MAYOR HENN: May we have your name, please? MR. EDWARD COOK: Oh, I'm sorry. Excuse me. Edward Cook, 527 Via Lido Soud. I'd like to have my comments read into the record as well, although I've amended after hearing counsel for Morningside. First, I'd like to recognize the City. I have a 37 PRECISE REPORTING SERVICE (800) 647 -9099 S44 is is is I* U 10 10 is 10 is 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 great and long track record with Kimberly Brandt, multi million square foot project in Costa Mesa. I think you made a great hire. She has achieved the crown jewels I think of Orange County in Costa Mesa. I hope in part of helping you achieve a crown jewel in this whale area with the redevelopment. I know a lot of the players, and I look forward to being a great help to all of you. I'm here obviously to comment on the Zoning Agreement and to comment on Morningside, but my comments change because I want to address what Council Member Daigle I said and Mayor Henn when they called out this 533 issue. Bought our home in June, building our dream home on the water was -- our life was turned upside down. We learned that our four young children were living less than a hundred feet from a drug and alcohol rehabilitation home. Shortly thereafter Morningside did offer to have a small meeting for immediate neighbors, which turned into well over a hundred people at the Lido Island clubhouse. On that night, the 21st of October, I'll never forget it, I was sitting there reading because I was just getting up to speed with all this stuff, the Zoning Agreement and some 50 pages of stuff, and I read all the conditions, and I started getting a little bit comfortable calling my wife and saying maybe we can live with this thing. I walked down the street. I walked home somewhat 38 PRECISE REPORTING SERVICE (800) 647 -9099 S45 is I* is is is �0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 dismayed and looked and found two big moving vans with rats, and I -- I'm sorry to call them rats, but they were scurrying in and out of this home, and I sit there with the agreement, I opened it up and I said, It's 6:30 p.m. Excuse me. Your agreement prohibits this. The city manager was just at the meeting literally ten minutes before. They were in,front of the house, and I got the most knowing, violating, untrustful looks -- I should say knowing looks from these people. They knew what they were doing. They were rushing to get into this house. There was no good faith there. Absolutely no good faith, and I'm very much appreciative of the comments tonight in support of that. But I really want to tell you, I want to bring to my life a little bit. Last weekend I went to a dinner party. I was sitting at a table with 20 people. I started telling the story about the impact in our lives and our family and some of the legal abuses that I think the city council has been put under with state, federal, and local laws that force you to consider these kind of uses, which are obviously not consistent with single family neighborhoods. I started giving my story, and I was interrupted about halfway through, and a woman two to my right who I didn't know said, Excuse me, would you repeat your story? And she had a little bit of an edge on her. I thought hmm, wonder what this is? PRECISE REPORTING SERVICE (800) 647 -9099 39 S40 is is is L is 10 I* �J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6114/2011 I repeated my whole story. She at the end of that looked at me and she said, Now i want all your attention. Twenty people at this table. She said, I want to tell you and I should have told him that I'm a psychiatrist with the County of Orange, and I'm here to tell you that everything he side is the truth. She said -- I'll finish in just 30 I seconds. MAYOR HENN: You do need to wrap -up quickly. MR. EDWARD COOK: Everything you said is the truth. I take care of the very people that these community based rehab operators deal with. 90% of those operations are not only unhelpful, they're hurtful to these clients. The first thing they say is they only want my money. The second thing they say is by the way it's the first place you go, Newport Beach drug rehab homes to get your drugs, both elicit and otherwise. No. 3, as a pregnant woman she said I would never dream of having this home near my home. And she said I'm conflicted because of my duty and my office to -- from saying this, and I can't testify, but if I could, I would. I would almost quit my job to do so. That is my dinner party last weekend. Every woman, every husband, every person at that table, you could have heard a pin drop. MAYOR HENN: Okay. Thank you. Please, please try to stay within the three minute 40 PRECISE REPORTING SERVICE (800) 647 -9099 S47 is is is is 10 is [] is I* 10 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 time limits, please. MS. BARBARA LICHMAN: Good evening, Mr. Mayor, members of the city council. My name is Barbara Lichman. I'm counsel to MORN, and I would like to address a few of the matters brought up by Ms. Beatificato in the context of her presentation. First, I hesitate, but I must disagree with your honorable city attorney with whom I usually agree. The movement of Morningside into 533 was not protected by your settlement agreement with Morningside. The settlement agreement didn't take effect until October 28th, and Morningside moved into 533 on October 22nd. At that point in time -- 2010 I guess it was. At that point in time neither the settlement agreement nor the Development Agreement, Zoning Agreement were in effect. That should never have happened at that moment in time. Secondly, the occupants, the occupancy of 533 is not defined as a family. In fact, and I can't speak for all the locations, but if a location is occupied by folks who are on separate leases, who are not on the same lease, who do not operate as a family, that is not defined as a family for purposes of state or federal code. In this case Morningside's residents have separate agreements with Morningside, who is the only signatore on that lease, does not fall within the definition of family for 41 PRECISE REPORTING SERVICE (800) 647 -9099 S42 I0 �0 �0 is If G r] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 legal purposes. 3, sober living homes, as these properties are defined, are -- these properties are occupied 1 should say, that is to say six and under untreated people living together as they are allowed to do do not fall into the category of protected under either state or federal law. And please let me remind you. The federal law prohibits discrimination. That is, you cannot prohibit these homes from locating in your community, but that does not say that with respect to six and under untreated individuals you have to exceed to them living in R -1 zones. Fourth and finally, it is clear from your presentation on Via Lido Village and the other homes, the residential facilities that are occupied, that these are a confluence of two uses that are now a single business enterprise. And as Mr. Slutzky pointed out that's been confirmed by Morningside itself. If that's true, then Ms. Beatificato's presentation was in the nature of how many angels can dance on the head of a pin? It doesn't matter how many violations were reported with respect to 533 or 3204 or anything. What matters is they're operating a business in a residential zone that is not protected by state or federal law, and you need not allow that to continue. And I thank you for your indulgence this evening. 42 PRECISE REPORTING SERVICE (800) 647 -9099 S49 'f 0 0 �0 I@ I@ is I* 10 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 MAYOR HENN: Thank you. Let's please, please refrain from the clapping. Yes, ma'am. MS. NANCY SHEFFNER: I'm Nancy Sheffner. After warning Morningside in December of last year you conducted an inspection in January. On January 27th the City inspected 533 Soud. You determined not in compliance. Complaints received include secondhand smoke, parking, noise during quiet hours, and delivery after hours. Another warning was issued. On May 5th the City reinspected 533 Soud. You determined not in compliance. Complaints received included disposal of cigarettes on street, transport van parking and /or loading of clients, noise during quiet hours, and deliveries after hours. Now we have more violations, and you want to give another 30 -day warning. when will you say enough is enough? Thank you. MR. TOM LARKIN: Hi. My name is Tom Larkin. I'm also a resident of Via. Lido. I want to start off by noticing that all the talking that we've heard from the people at Morningside and from the council relates to the residences. If you're looking at Morningside, you have to look at the whole picture. How many CUP's have they not done? How many PRECISE REPORTING SERVICE (800) 647 -9099 43 S50 10 l.i is I$ is is L: is Is is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 permits have they got gotten? How many other rules have they violated? The biggest one, and this is the one I'm putting you on record for, fire. I -- we requested a fire inspector to look at all of the sites. You tried to bump it up to the state. We have a copy of that letter. The state bumped it back to the City. There still has not been any kind of a fire inspection of any of these facilities. If you take where they meet, they're in violation on sprinklers. They're in violation on the stairs. They're in violation on the doors. They don't have fireproof doors. Because these residences all are effectively hotels, they are required to have sprinklers. They are required to have fire alarms. This is on your back to make sure that nobody gets hurt or injured or burned. These people are big smokers. That's a fact everybody is willing to acknowledge. Smoking causes fire. You have not taken it upon yourselves to investigate the potential and have the fire department review all of their facilities to determine whether or not, in fact, you are providing danger to the people who are, if you would, guests of Morningside. Thank you. MR. MARK RUDER: Mark Ruder. Resident of Balboa Island. In the City staff report they recommended the 44 PRECISE REPORTING SERVICE (800) 647 -9099 S571 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 following: No. 1, determine that Morningside is unable or unwilling to remedy the violations and comply with the terms of the Zoning Agreement. And No. 2, they adopt a resolution finding that Morningside has not demonstrated good faith, compliance with the terms in operational conditions of the Zoning Agreement, and direct staff to issue a written notice to Morningside specifying the manner in which Morningside has failed to comply, and state the steps Morningside must take to bring itself into compliance. I understand and agree with everything, but the last recommendation, why do we need another warning? They also stated staff recommends the city council find this project to be exempt from the California Environmental Quality Act, the CEQA, because it has no potential to have a significant affect on the environment. We don't agree. Morningside's operating plan is to provide an integral business project. It integrates the rehabilitation facilities and their Lido Island /Lido Village complex. This definitely requires CEQA study. Enough is enough. MR. ROGER McGREGOR: Roger McGregor, 645 Via Lido Soud. In your table you report 50 warnings, the summary table that's been prevented. When I go through the report, there's 70. Quite a few never made it to the summary. In 45 PRECISE REPORTING SERVICE (800) 647 -9099 3152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 addition you're going to hear evidence tonight that there's a lot of violations that have been reported, justified violations with evidence that have never found their way into any of this. What I'm saying is the problem is bigger than you're being presented here. If any of bus -- I have to ask you this, if any business came before you and had that many violations over an eight -month period, would you give them a 30 -day warning at this point? I don't think so. I agree with the signs out here enough is enough. And I'd like to add this: I've lived on Lido Isle for 55 years. I don't think I've ever seen a city council action with respect to the Zoning Agreement that has generated this much unified opposition. Every time a property comes up for sale on this island the neighbors that are around it go into an absolute panic that one of these things is going to end up next door to them. This is worrying every resident on the island. It's not confined to others just close to them. I'm the trustee for my deceased parents' house, it's 534, directly across the street. The -- I can assure you from my experience with this house that their justification for their fears was warranted, and no sane person would want one of these things next to their home. MR. JACK THOMPSON: Mr. Mayor, council, I'm Jack 46 PRECISE REPORTING SERVICE (800) 647 -9099 , 3153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 Thompson. I live next door to the property in question at 533 at 531. One of the first things I'd like to point out on the cover sheet of the staff report under fiscal impacts it says none. I represent to you gentlemen and ladies that maybe a 300 -page report costs us something in time, effort, staff. You put in a lot of work. Just a thought. Further down the line you look at how this whole thing came in to being and have they gotten 533? My understanding of a Development Agreement by statute of the State of California implies that the properties being developed are described in the agreement. Nowhere in this agreement is 533 described. Hence, to my knowledge, there is no traffic pattern or anything of the like inflicting this property. So what happens now is a dangerous situation. All their trucks and vans come drop them off, then do a hammerhead turn back in oncoming traffic every day many times, and sooner or later there's going to be a collision in front of our house with kids in the neighborhood. It's going to happen. As to the smoking, they put everyone back in the garage, for which I'm very thankful, as long as I don't go in my garage because it's full of smoke. Sorry it just is, you know? What can I say? 47 PRECISE REPORTING SERVICE (800) 647 -9099 5154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 The other issue of the smoking is we had some very close relatives die not too long ago because smoking. They were smokers. House burned down. They're both dead. I worry that their house is going to burn down with five or six innocent guys and maybe us, too. It's going to happen. Once again, the gentleman prior to me said these houses have not been inspected or required to act like what they are, hotels. Last subject, they are hotels. Why aren't we charging them a tax to help compensate us for all this money we're spending? With that I thank you for your attention. MS. LAURA SHARP: My name is Laura Sharp. I live across from the garage that's full of smoke. I think it probably was a big benefit to move the smoking to the garage from the neighbors on both sides' standpoint, but the effect of that is now we get a lot more noise because my kitchen face -- and my bedroom face that garage. I've been sending violations sporadically since they moved in. I really haven't got the time or the energy to do it every day, but I see violations every day. I have a packet here of the violations that I've submitted that aren't on the list of violations logged, and then some of them are on the list but were shown as no violation. When I've read 48 PRECISE REPORTING SERVICE (800) 647 -9099 5155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 the rules, they were clearly violations. Maybe there wasn't enough evidence. And six shows unable to verify or independently verify. You can't verify at 10:00 in the morning that at 6:00 in the morning somebody woke me up with a loud conversation under my bedroom window. You can't verify that the neighbor smelled smoke. None of that stuff is going to be there long enough for anybody to go and check on. So inherently you cannot force this agreement because you can never prove that any of these violations happen. We have cameras. I've submitted live camera footage of things that I've seen happen, but some of those even don't end up as a violation when there's clear evidence that a car double parked or that a car was parked in a red or that a delivery is happening at 11:00 at night. So there's lot of stuff that's not in your report that I have copies of I'd like to leave with you with photographs and the reports that were submitted originally. It's really not just matter of 533. I also see a lot of violations that happen at the Antibes property, and then also in front of the offices. I see illegal U- turns. We see double parking there. It's a problem that is the whole area, not just our local spot where our house is. And I think it's damaging the neighborhood. And I think it's not necessarily the clients that are the problem. 49 PRECISE REPORTING SERVICE (800) 647 -9099 5150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I8 PARTIAL TRANSCRIPT - 6/14/2011 Frequently it's the management. It's sometimes the guy who's been working there since the unit opened that's out talking at 6:00 in the morning in front of my house. And I've seen Candace Bruce driving one of the vans that was double parked a number of times. So it's not the residents I don't think. I think it's Morningside, and I think they have just absolutely no regard for what they've signed up to do, and they're not paying any attention. I think it's time to get them out. Can I leave this with you? MAYOR HENN: Please, please let's refrain from any clapping. MR. DOUG DWYER: Mr. Mayor, city council, my name is Doug Dwyer. My wife and I have owned the property at 3416 Via Lido for 42 years. For the last several months, in fact, a couple of years before we have been now surrounded by Morningside. They're in the two story building behind us in Via Lido. They're on the two story building on Via -- I'm sorry, on Via Oporto. And now there's another shop down. These are not residential. They are strictly, quote, business professional offices. Let's talk about smoking. Our building has a passageway that goes clear through the building. The minute they have a break in their activities at Morningside they 50 PRECISE REPORTING SERVICE (800) 647 -9099 S5�L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 leave. They come out in the alley. First thing they do is smoke. We have no smoking signs. We put up butt boxes for their cigarette butts. They'll fill them up in 25 minutes. So that plus parking. The alley behind our building is private property. It's part of the Lido Marina Village. There is a parking on the left side of that. There is a red fire zone parking strip on the right side of the alley going east. They continually with their vans and other vehicles abuse that fire -- if I stop out there and get a ticket by the Newport Beach Police Department, it costs me $270. They park there with impunity. I don't know why. I don't know whether they have a special agreement with somebody, but I think the real secret to this whole thing is, and I'm disappointed that the city council hasn't come up with the answer, how many rehab homes are there in Newport Beach and how many residents, and why don't you charge them a bed tax just like all the hotels in town? You can generate a lot of money if it's legal. Thank you much. MS. CYNTHIA KOLLER: Good evening. I don't know if you got this, but I'd like it for the record. Cindy Koller, concerned citizen, West Newport Beach. I've been doing this for six years. I started 2006 begging, begging, pleading with you to help us on this issue. And what I don't understand is, when I read the staff report, 51 PRECISE REPORTING SERVICE (800) 647 -9099 5152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 everything is in there all their violations from the Development Agreement. There's nothing in there. There's no complaints from any of the people from the Peninsula that we've been making. So I feel that the record is not accurate. I just want to state that, because there was thousands of complaints against Morningside from vans, it's all in there. I'm not going to regurgitate it. It's maddening. I have a point to make. 4th of July 2010. Dave Kiff, Mike Henn, you came by my house. Morningside Recovery had a huge kegger party at their facility. I made a complaint to the State, and this is -- I want the people in this room to know this. Nine months later I received nothing. Called. We don't know what's going on. We can't tell you anything until it's closed. The bottom line is I said well, they've moved. You know that they've moved. They let their license expire. She said oh, well, in that case then it's just automatically dropped. T said why didn't you ever investigate this? Why did it take nine months for me to have to call and you not .investigate it? The Orange County Register, there was pictures, Newport Beach Police Department had to break up a keg party at a rehab home. Morningside Recovery. Why wasn't it investigated? PRECISE REPORTING SERVICE (800) 647 -9099 52 3 �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6114/2011 I was told the State is out of money. Don't you know that? We have no travel money. We aren't going to use our personal money to travel to Newport Beach to investigate. The operators know this. So what do they do? They let their license expire. They moved them into Lido. That's why they rent. Point 1, no oversight. None. There is none from the State. It's all on us, the City, and our PD, who has helped the Peninsula out enormously. Another concern. On Page 8 I think it is. It says that they are in non - compliance with their report concerning sexual predators, parolees, gang members. I guess it's Prop 36. I want to know why they're in non - compliance when they boasted as I've watched and presented to you for the last three years that they have alternative sentencing and work closely with the drug courts. I just am curious as to why they haven't submitted that to the City? And I'd like to thank the PD because, if it wasn't for the PD, I don't know what the people in the Peninsula would have done thus far. Thank you. MS. DENYS OBERMAN: Denys Oberman. Well, as Cindy Koller said, this staff report, extensive report talks to violations that have occurred, some of the violations that have been reported, and those that have been acted upon by the City for a period of about eight 53 PRECISE REPORTING SERVICE (800) 647 -9099 Soo 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 or nine months. In fact, Morningside does have a much longer period and pattern of non - compliant business practices, multiple complaints, several hundred plus concerning this operator's business practices and non - compliance have been submitted long before the Development Agreement was enacted. Since 2007, there has been a concentration of complaints made to the City, and that was at the behest of the city council. I want to remind you who said we can't just listen to complaints, we need testimony, we need evidence so we can act in a reasonable and equitable manner. So complaints were submitted. They were submitted to the city manager, police department, city attorney, code enforcement, fire department, and various council members. The complaints were similar too, but not exclusive of the ones that have already been submitted, that people have already spoken to. We also have unsafe driving, fights, smoking, and other types of inappropriate behavior and disruptive behavior to the community. Morningside also violated the City's urgent ordinance moratorium that was enacted when the City was engaged in development of the ordinance to provide reasonable regulation of these uses. The City at that time did take legal action against Morningside, which it subsequently dropped and ended up 54 PRECISE REPORTING SERVICE (800) 647 -9099 Sol 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 giving Morningside a blanket 25 year entitlement to operate wherever and however it may choose through the agreement under review this evening. Morningside has demonstrated long consistent period of irresponsible, unsafe, and non - compliant business practices. There is no doubt that this operator could care a less about compliance or the community or for that matter the welfare of its clients. No amount of citations or reasonable accommodation, quote, unquote, would change this business. There is no good faith, and there is no good 30 -day cure for a business that has ongoing dynamic patterns. So what to do with this illegal multi (inaudible) use which has established a campus in the Peninsula Lido neighborhood? It's not in the City's or the public's interest to continue to suffer these nuisances or health and safety impacts. And also, why should our city be investing all these resources in attempts to monitor or otherwise accommodate this business given the pattern of practice that's been established over the last five or more years? Some remedies that are available to the City, the City has available to it legally and under the specific. agreement police powers and other remedies. It can move forward with enforcement actions. It can rescind or revoke the Development Agreement. It can cause Morningside to PRECISE REPORTING SERVICE (800) 647 -9099 55 1 302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 comply with the City's 0805 ordinance and require that Morningside immediately apply for a Conditional Use Permit for its integrated business operation. That would give it appropriate due process along with the public. If it doesn't want to, it can be subject to closure and abatement in accordance with the provisions of this City's ordinances. MAYOR HENN: Denys -- MS. DENYS OBERMAN: Based on extensive compelling facts and the testimony of 2006 through the present the City could also simply proceed with abatement of this integrated business (inaudible). We appreciate your taking the action that's best for the City and the community that you serve and now. Thank you so much. MR. JONATHAN L. BIRER: My name is Jonathan Birer, and I own Charlie's Locker, which is right next door to Morningside Recovery. We all know that Morningside Recovery breaks the rules almost every single day. I see it. If you guys need video, information about it, if you need to see what goes on, I certainly can show you being right next door. I've worked -- I've had my store there for 35 years. Lido is in great decay. It's getting worse by the moment. Having Morningside on Lido is not helping anything 56 PRECISE REPORTING SERVICE (800) 647 -9099 SOS i* (* If 10 Is is I* is U is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 in any way, shape, or form. I am also a landowner on Lido, and I hear all this talk about how landowners are being privy to the information that you're giving about the redevelopment of Lido and all of that sort of stuff. It's funny how I sit in here and I listen to this, and I go I don't know anything about all the changes that are going on to Lido. Does anybody in here really know what is going on as far as Lido is concerned? I don't think they do; okay? That along with -- it's just not fair having Morningside right next door causing trouble. I've had patients of Morningside holding papers to my customers saying F. you, things like that. It makes them feel very uncomfortable. It's not fair in this community that we should make our people feel uncomfortable. Certainly there must be something we can do about it. What Morningside is trying to do is put a square peg through a round hole or a round -- you know, however you want to phrase it. It's not right. It's not right for Lido. It doesn't belong there. With anything that we do as far as the redevelopment of Lido nothing can really be done with this cancer that's there of Morningside. They cannot con -- they can -- I talked to the owner of Morningside and I asked them to please stop taking 57 PRECISE REPORTING SERVICE (800) 647 -9099 304 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 every single space or close to every single space in front of my store. When he speaks, they all stop taking the spaces. About two weeks later I can tell you every single person sitting in here, and you all know who you are, okay, who park their car on that street every single day with the master permits and make it so customer can't park. I mean what are we doing about this situation on Lido? How do you expect the merchants who spent years there fighting for their lives, and all we do is is we cite Morningside saying well, so they put these signs out, they did all these bad things, okay, we're going to cite them. But it doesn't make the customers any more comfortable shopping in my store because we're citing them. We're not doing anything to them; okay? It's not fair. It's not fair to the community. It's not fair to anybody. And yes, they do all these infractions. They're all true; okay? They park. There's 50 people standing in front of my store chatting. It's the most ridiculous thing. And for the City to -- I always see everybody come up here and they speak to you guys and then everybody sits there, and they all stare at you and they all look at you like this, then you walk and you go away and absolutely I know no more before than I do now speaking. Please help. Please, I beg of you. 58 PRECISE REPORTING SERVICE (800) 647 -9099 S05 I• ri G 1* I• Ii I• I• I• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 MAYOR HENN: Okay. Okay. Okay. MS. LAURA CURRAN: Mayor, members of council. My name if Laura Curran. I live in Corona Del Mar. I'd like to talk about the issue that is under periodic compliance review June 14, 2011, Page 8, the topic of parolee and government referral and managing and knowing if parolees are placed in facilities was addressed in this part of the report tonight. And when I think about the guidelines that ADP establishes, the alcohol and drug programs to -- and the City establishes to protect the residence as well as those receiving treatment, knowing if we have parolees in the neighborhoods and in the facilities seems a logical step. So to read the report, it says the Newport Beach Municipal Code restricts any residential use from housing more than one parolee or probationer from monetary or non - monetary compensation. So I would take that -- first of all, I'd be interested to know if this is a code section or administrative rule, how this is managed. But I would take that -- if I were a law enforcement officer or a code officer to mean that you can't have two parolees in a facility of this nature. To determine, this is logical, whether Morningside is operating in compliance with the operational requirement that it house no more than one parolee or probationer and no 59 I• PRECISE REPORTING SERVICE (800) 647 -9099 Soo I• 1• 1• I• I* 1• 10 1• 1• 1• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 registered sex offender, gang member, or client funded by Proposition 36 at any of its Newport Beach facilities, the NBPD performed parolee checks for all Morningside addresses on February 1st, 2011. Since that time, NBPD has requested that they be asked to supply the sort of information only for criminal law enforcement purposes, which I would assume would apply to any residence that might have one or more parolees. Is that accurate? It said the police department requested that Morningside provide information around -- about any parolees or probationers in its facilities, and I would assume that other facilities would also have to provide this information. To continue the staff report, on May 11th the code enforcement division asked Morningside to provide a verified statement that they are in compliance with this condition for the first quarterly reporting period. As of the date of this writing, Morningside has not responded to this request, and that was as of June 14th, 2011. So my questions are what is the Code section or the way this is actually stated and regulated? Who is responsible for enforcing this in the City? And if this is -- is this a provision that applies only to Morningside or does it also apply to other rehabs throughout the City of Newport Beach such as at (inaudible) or in Corona Del Mar, 60 PRECISE REPORTING SERVICE (800) 647 -9099 S07 1• 1• 1• 1• 1• 1• I• 1• 1• I• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 and is this consistently monitored? Thank you. MR. DAVID DIAMOND: I'm David Diamond. I live at 111 39th Street, Newport Beach, and I'm almost a 40 year resident of the City. I want to actually thank the Honorable Mayor and members of the city council and Dave Kiff for what you have accomplished in the last few years on this intractable problem. My questions involve the fact that under the agreement the home that they were occupying at 11112 was closed on November 30th. I want to know if that residence is no longer part of the agreement in any way? If they were to choose to reopen it, would they have an opportunity to do so? Secondly, I'd like to know is there any reason for their vans to occasionally be stopping at that residence to either discharge or pick up somebody on a completely irregular basis? And then I'm going to make one suggestion. You've heard many complaints, and the facts here are basically speaking for themselves. The applicant can be arguing whether these things are significant or not. Well, how would we determine what a reasonable operation of a home like this is? And I'm going to suggest you look at one of the other operators in which you have granted, and it was the original agreement and zoning change, and see the kinds of complaints that you get regarding that operation and then you could 61 I. PRECISE REPORTING SERVICE (800) 647 -9099 3C o 1• 1• 1• I* I* I* 1• 1• 1• 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 compare that operation with Morningside, and I think that will help you in the determinations of whether or not the City is being reasonable in pursuing the closing or finding that Morningside has been in violation of the agreement. Thank you very much. MR. JIM MAHONEY: Good evening. My name is Jim Mahoney. I have a couple of businesses over here in Lido Village. A year or so ago the general plan for Lido Village was to encourage businesses and vendors to move into the area to make it more visitor friendly. Since that time, we've lost a few tenants, but have seen Morningside Recovery expanding. When their patients are not involved in their meetings or treatment, they congregate in groups on the sidewalk, the parking structure, boardwalk, and they sometimes leave cigarette butts, trash in the planters, in the bay, and on the sidewalk. This behavior along with the occasional hysterically screaming patient is disruptive to those of us who work and enjoy this area. If Morningside wishes to be part of this community, they need to do a much better job of controlling this inconsiderate behavior. And if they're unwilling or unable to do so, perhaps the City can help us out. MR. NICOLAI GLAZER: Good evening, Mayor, council. My 62 I• PRECISE REPORTING SERVICE (800) 647 -9099 S09 1• I• 10 I* I• 1• I* I• 10 1• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 name is Nicolai Glazer. I appreciate Councilman Rosansky pointing out that this is not focused around the Lido Soud residence. This is distributed amongst all the Morningside properties. I am here to represent West Newport. I live on River Avenue. I represent the Lido Sands Community. These people are not good neighbors. we don't want them on our streets, in our neighborhoods, and we wish that you will do the right thing to help them comply with our community. Thank you. MR. MIKE ZAWADZKI: Mr. Mayor, city council members, thank you for having this hearing. First and foremost, this could be about any operators' special Zoning Agreement. This particular -- MAYOR HENN: May we have your name, please? MR. MIKE ZAWADZKI: Mike Zawadzki, Lido Island. This particular one was a well - intentioned mistake. Let's review. In return for limiting bed numbers in Newport and complying with operator conditions Morningside got generous unprecedented benefits. Morningside got the future access to any homes in Newport Beach, including those zoned for single families, to be used as boarding houses for short stay clients each under a separate contract for daily high frequently services, got this benefit for 25 years. It got exempted from conditional use hearings 63 PRECISE REPORTING SERVICE (800) 647 -9099 S70 is I* Is I* Is 10 10 I* 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6114/2011 required for such commercial boarding house use escaping due process and any input from nearby neighbors while neglecting the privacy of their very own clients. We've so far had 30 or so such short stay clients within a few feet for easy earshot of loud conversations, other noise, and cigarette smoke. And this got to concentrate such boarding houses near their expanding Lido Village hub. Thus, creating a whole new integrated business, the City recognized May 13th of this year undercover of an agreement meant for residential facilities only. The new business entity consists of central medical and other services as well as classroom campus, the residences being the nearby dorms. This was not foreseen under the Development Agreement. So the residences covered by the Development Agreement no longer exist as separate lodging facilities. They've been subsumed into this much larger commercial enterprise. So is the original DA even valid? This new integral business project requires due process, so far has not been subjected to Use Permits, environmental impact reports, and other requirements. Quite the unintended (inaudible). Given its remarkable benefits how is -- how does Morningside comply? With a high number of violations to quote the City. Their first act was a double violation. We 64 I• PRECISE REPORTING SERVICE (800) 647 -9099 3:�L2 is Is Is 1! Is Is is r [] u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 start a new boarding house prematurely and exceed the number of beds. Violations of noise curfew and secondhand smoke restrictions are common. Conditions regarding garage parking for staff, client pickups, drop -offs, and legal spots are continually violated. Prohibited after hour groupings are routine. Very recent ones documented after 10 and 11. Traffic violations by vans, SUVs, cars, public safety issue. Callers to the "mandated" MS hotline have been disregarded or been called liars, like my wife. I think Matt witnessed that actually. The required quarterly compliance reports were not provided to the City. Required proof of no government sponsored or parolee clients are still not provided. Even the posted public hearing signs for this meeting were removed. Another violation not listed in the staff report. By the way, the staff reports omits countless other complaints that the City could not "prove ". It seems the difficulties -- and if I may continue or would you like my wife to continue for the next three minutes? I only have a minute. MAYOR PRO TEM GARDNER: Do we get both? All right. Either way? MR. MIKE ZAWADZKI: You get only one if you allow me to continue. 65 ! PRECISE REPORTING SERVICE (800) 647 -9099 372 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 MAYOR HENN: I'll grant you a few more minutes, and please -- MR. MIKE ZAWADZKI: Having lived with this for eight months, you can allow me two minutes; yes? It seems the difficulties with enforcement abode with Morningside to break other City laws as the City cited them for expanding offices and creating classrooms, medical and other uses in multiple locations without proper Use Permits, possibly also violating fire safety codes, remodeling those facilities without proper building permits, operating without necessary business license. One lesson for Morningside and the City in this litany of violations is placing and permitting commercial lodging in tight single family zoned areas for clients needing all sorts of daily support services is a setup for failure for all concerned. The flagrant non - compliance despite months of warnings and fines proves that Morningside can't learn this lesson. Fines are low consequence. They collected hundreds of thousands of dollars in seven months or eight months from just their newest boarding house they allegedly illegally established. Appropriate consequences for such blatant record of non - compliance are needed. The bed limitation is not worth the continued content for multiple city laws, not worth the consternation of the citizens, not worth blocking the City's 66 PRECISE REPORTING SERVICE (800) 647 -9099 3�3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 visionary redevelopment plans. Do not wag your finger warning they have another 30 case to comply, but that this time you really mean it. There have been plenty of next times. Do not keep asking us to be your cops and do nothing with the evidence. Do not waste money defending this fatally flawed agreement in court. Those of us here and citizens throughout Newport ask you, our elected representatives and leaders, for truly appropriate consequences. The City has ample legal reason to reverse this failed Zoning Agreement. In summary, an unenforceable agreement exists, one which obviously is almost impossible to be complied with even if the operator wanted to comply, which it blatantly doesn't. Continued non - compliance is inevitable. End it now. Enough is enough. MS. VICTORIA ZAWADZKI: Hello. I'm Victoria Zawadzki, 535 Via Lido Soud. How dare she say things that haven't been proper evidence. Matt has been at our house on numerous occasions. Matt has been at our house on numerous occasions observing infractions, and every time, and I probably sent over 70 e- mails, every time I do I include a photograph. If I see people smoking, if I see cars parked improperly, I always send along a photograph, and Matt can confirm that. And in the past two weeks they've been doing PRECISE REPORTING SERVICE (800) 647 -9099 67 S74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 something, we're assuming it's probably urine sample testing, but we go out and walk our times numerous time a day, but late at night between 9 and 11 there's been a car from a lab outside our house, a lab technician in scrubs gets out carrying a big box and goes into the house. That's not just there. That's not the delivery of an envelope. That's this lab technician going in and out of the house late at night, and it's been happening every other night for about the past two weeks. So I take great affront at what used to be out of the cars. Thank you very much. MS. JULIE ACKERMAN: Good evening. My name is Julie Ackerman, 11 year resident of Lido Isle. And I wasn't planning on speaking until I actually heard from the attorney of Morningside as she was addressing everyone that they strive to comply. I was actually walking here to attend this, and a white passenger van went the wrong way up Via Barcelona. And I was very surprised at that. I don't have proof of that. I did see it and was -- and even looked up to make sure I was correct on which way the one way on Via Barcelona goes, and then I went around the corner past Via Antibes, not 533 Soud, and there are two girls smoking cigarettes in the front doorway of a house across the street that I was so surprised by that, I actually got out my phone and took their picture, and then they proceeded to walk across Via Lido Soud and into 68 PRECISE REPORTING SERVICE (800) 647 -9099 S75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 the Via Antibes house with their cigarettes, said hello. So obviously if they're being instructed to smoke in the garage, they missed the memo because they are smoking in the doorway of the neighbor and then taking their cigarettes directly into the house. So if one -- it's one -- if the patients are not being given the proper instruction and following those instruction, but I would assume that the driver of the van that's driving the wrong way up Via Barcelona is most likely not a patient, and they also need to instruct their staff properly. Thank you. MS. MARIAN DICKENS: I'm Marian Dickens, and I've lived on Lido for 38 years this month. There are a lot of egregious things that we put up with, and I really haven't made any complaint to anybody about them before, but we had -- I was coming home, and I looked over, and as I was turning to go up Soud and I looked over and there was a girl lying spread eagle on the sidewalk there. And I thought my Lord what is happened to her? She wasn't moving. Her head was -- and I said to myself I said good Lord, I should stop if I'm a good person. Well, I didn't know if she had been hit by a truck and her body as thrown up there or what. But anyway, I stopped. And as I was getting out of the car, she sat up and she rolled over to the other side. 69 PRECISE REPORTING SERVICE (800) 647 -9099 S70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 She was taking a sun bath out on the sidewalk, which is kind of unusual when we have so many beaches around. But then -- then we also -- we used to come by there and see them smoking, and then they'd take the two pound cans -- coffee cans, and they smoke that and they hold them with their cigarettes. It looked really pretty bad. And they never close the front door. It's always standing open. And I have a friend that lives just around the corner from them, and she goes over every day or two to close the gate on the side of the property because of all the trash cans there and all the things that they leave. And it's really quite a lot to put up with. And some day I think I'm going to get one of these cameras with a -- telephone with a camera so I can take some pictures too because actually the things I've seen are so ridiculous that nobody would believe it. Thank you. MS. JANA SHOALS: I'm Jana Shoals, and I've been on Lido since 1978. And as you can see we're sort of stressed out about this and would like to have our island happiness about these issues. Is it -- is it in good faith for Morningside to use the seal of the -- of the City? It is? That's their -- on their website? MS. KIM BRANDT: The use of the City seal is not 70 PRECISE REPORTING SERVICE (800) 647 -9099 377 is is is 0 0 I• s s 6 s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 authorized by the City, so it is not in good faith. MS. JANA SHOALS: It's not in good faith. It was a question. And if it's so -- it's sad to me that -- that there's so many unhappy people that have done nothing wrong that are asking for your help. And I hope it will be solved because nobody wants to get hurt in this. We want our -- the rehab children to or clients to do better, but not at the expense of others that have done nothing wrong. Thank you. MAYOR HENN: Okay. Do we have any more public comment? Seeing none, Mary Helen, did you care to make any further comments? (Inaudible). MAYOR HENN: All right. So would you like us -- would you like Mary Helen to come back up? Does anybody have any questions of the applicant? No. COUNCIL MEMBER GARDNER: I did have a -- just one question. Did you take some notes? Were you going to ask -- MAYOR HENN: I did. Okay. COUNCIL MEMBER GARDNER: I'll let you go first and see. MAYOR HENN: All right. CITY ATTORNEY HUNT: Staff make a response first to the testimony, then allow council to talk? MAYOR HENN: Yes, but I want to make it clear we're closing public comment at this point. So this is all now between the council and staff. PRECISE REPORTING SERVICE (800) 647 -9099 71 S72 i4 �s I6 is is Is is Is �0 Is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 Okay. Go ahead. CITY MANAGER KIFF: Let me make an introductory comment. The gentleman from the retail store there. I know it does look like we sit here and stare. This is a process. We also take notes, and that's -- this is our chance now to answer your questions. So it's a -- it's not the best process. I think everybody on council and staff says that this kind of forum is really challenging to have a dialogue, but what we do is we listen to your testimony, we take notes. The council is good about taking notes too, and that's what Mr. Hunt is going to go through so we hope we will answer all your questions. Thanks. CITY ATTORNEY HUNT: Thank you, Mr. Mayor. Thank you, Mr. Kiff. First of all, let me say thank you to the public and to Morningside for providing their comments and providing information that will be helpful to the council in order to make the decision that it's faced with tonight. I think it's helpful first of all to frame the issues once again while we certainly as the council and staff knows, as many of you know the City has been working for many, many years, long predating me in order to address the issue of rehabilitation sober living homes within the City. It passed an ordinance in 2008. It went through 72 PRECISE REPORTING SERVICE (800) 647 -9099 3:�L_ [7 10 10 10 1• 1• 10 1* 10 L U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/1412011 significant litigation and still is, in fact, engaged in litigation for three other operators and one former operator that the disabled have rights under federal and state law that we're required to honor, that we are to provide them housing opportunities, equal housing opportunities within the City consistent with the requirements of federal and state law. Now, in the context of that sort of devil in the deep blue sea world that we all live in Morningside and the City came to a conclusion on how to best try to resolve its differences in the litigation, ultimately leading to the Zoning Agreement through a settlement agreement. Now, as imperfect as it certainly may seem to many people tonight it was an effort and I believe the council took action in good faith to try and move forward in this regard. What we're dealing with here tonight is whether or not Morningside has been in compliance with or acting in good faith compliance with that Zoning Agreement or Development Agreement. The issues predating the Zoning Agreement and Development Agreement aren't particularly relevant to the concerns that are here. I think what's happened is, and I will assure the audience as a whole and the folks at home the City has invested huge amounts of staff time. So the gentleman who has talked about fiscal impact, right on. It's 73 PRECISE REPORTING SERVICE (800) 647 -9099 S20 I* 1• 1• 10 I* I• 1• 1• 1• 1• 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 not necessarily straight out of the pockets so we're not going to be -- the decision we make tonight isn't going to say we're going to spend money per se, but the amount of Matt Cosylion's time, Janet Brown's time, Cathy Wolcott's time, Kyle Burns' time, my time, Mr. Riff's time, yes, it's all very valuable. And yes, there's a huge amount of fiscal impact in that regard. Regrettably, we don't have infinite resources. So while the public is frustrated that many of the things they complained about and properly brought to our attention are not reflected in the staff report. What I wish to assure the council of and for that matter Morningside and the public what is in the staff report has been investigated, identified, and found to be credible. So when we take code enforcement action, we take code enforcement action based upon either the investigation direct competent evidence observable by our code enforcement officer, otherwise admissible evidence that we can use in a court of law. That's what you're seeing here tonight. I realize eight months is frustrating to many people. The efforts that have been going on with respect to this have not been just kicking the can down the road. The city council cannot act arbitrarily and capriciously, and I would be violating my responsibilities to the City did I not want to make sure action that it took would be considered 74 PRECISE REPORTING SERVICE (800) 647 -9099 S g2 I• I* 10 Ii U 10 I• :i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 legal, hence leading us to tonight. Now, with respect to the issues that are before you tonight, in fact, address some of the quick questions that we have here. The City is not and has never entered into a specific agreement regarding allowing parking in violation of our codes. We couldn't and would not do that. We entered the -- well, talking about whether or not the settlement agreement was in effect, and I must respect this agreement. The settlement agreement specifically talks about not necessarily being in effect, but in paragraph 6 of the settlement agreement specifically states that while the settlement agreement -- this says well, the parties agree that prior to the effective date of the settlement agreement, during this same period of time, the City shall not enforce any provision of ordinance -- of the ordinance being 2008 -05, against Morningside, and Morningside agrees to abide by the operational conditions. Hence, the issue of the creation of the Via Lido Soud position where it housed at 533, it was consistent with the operational conditions as approved under the settlement agreement. The question that's really before the council tonight is is did you find that Morningside has not acted in good faith, and is either not capable or not willing to comply with the agreement? If so, the action, the only action available to you under the Zoning Agreement is to PRECISE REPORTING SERVICE (800) 647 -9099 75 1 322 I• 10 C] I* I* 10 1• C7 I* 10 I• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 611412011 instruct staff to give them notice pursuant to paragraph 0 under the agreement. Paragraph 0 has two provisions within it. 1a under O states that we're entitled to utilize all of our administrative citations and other discretionary actions to enforce the operational conditions until such time as the city council at a noticed public hearing deems that Morningside is unable or unwilling to remedy the violations and comply with the terms of the zoning Agreement. That's what we're here for. If you make that determination, the next thing it states in that paragraph, at that point subdivision B of this section applies. Pursuant to government code section 65865.1, which is -- deals with development agreements, if the City determines Morningside has not complied in good faith for the obligations, the City shall, which in law means we do it, shall by written notice to Morningside specify the manner in which Morningside has failed to comply and state the steps Morningside must take to bring itself into compliance. If Morningside does not commence efforts to achieve compliance within 30 days after written receipt of notice from the City specifying the manner, then Morningside shall be deemed to be in default under the terms of the Zoning Agreement. PRECISE REPORTING SERVICE (800) 647 -9099 76 s 2s i• 10 I* I* I• I• I• I* I* I• I• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 And then it goes on to state what other remedies we have pursuant to that default, but Morningside cannot be found in default by this council absent the 30 -day notice to cure. And frankly, if I said anything else, I would be abrogating my responsibility to this council and, yes, to this community to try and give competent legal advice. So what are you faced with? A number of different questions regarding actual compliance. You have substantial evidence that supports the recommendation of the staff, and you certainly have it within your power in order to make the determination and approve and adopt the resolution. There were issues brought up with respect to fire inspection. I would point out that fire inspection in single family residential zone, which is, in fact, an R -3 occupancy does not trigger the need for fire inspection. However, when a -- when the operator seeks to -- seeks to obtain an operator's permit from ADP, then that triggers a fire inspection. And, yes, indeed we did ask the state fire marshal to do that, but we have done inspections of at least one Morningside facility, and we're addressing the fire code issues at this point. With respect to the issue of the parolee and probationers issue, the police department has a responsibility to utilize the information they obtain through law enforcement avenues in a manner that's consistent with 77 PRECISE REPORTING SERVICE (800) 647 -9099 S24 I• I• I• r] 0 U C: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 the California Penal Code. Our Municipal Code is not the California Penal Code. The concern of the police department, and I understand in that department that they not share information that's generally considered to be confidential solely for law enforcement purposes dealing with Penal Code or other state code issues when dealing simply with the municipal code or infraction or violation of an agreement personally between the City and another operator. I agree and understand with NBPD's position with respect to it, and I respect that their determination has occurred. With respect to 111 -- 1112 closed, a gentleman asked about what happens if they close a facility? If they close a facility and they vacate that facility, they no longer have the rights to utilize that facility unless under the Zoning Agreement they reoccupy it consistent with the Zoning Agreement. So if you have a position, I don't know where that house is, if there's another facility within the setback or the distancing requirements, they cannot return to that house because they'd be in violation of the Zoning Agreement. They must maintain their separation, which is one of the issues that the Zoning Agreement was attempting to address. And I always have lots of notes, but I always get 78 PRECISE REPORTING SERVICE (800) 647 -9099 325 t Ll I,• I� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 messed up on whether or not I've addressed them all. So if the council has questions or if Mr. Kiff has responses for other staff, then I would welcome that. MAYOR HENN: Okay. I did have one other question. Somebody raised this issue of comparison Morningside to Sober Living by the Sea. We have done a compliance review for Sober Living by the Sea. I can't remember how long ago it was. My recollection was that there's quite a dramatic difference in the results of that review between Morningside and Sober Living, and perhaps somebody can comment on that. ASSOCIATE PLANNER BROWN: You're correct. Unfortunately I don't remember the exact numbers of violations that we issued at Morningside, but it was substantially less -- excuse me, at Sober Living by the Sea, but it was substantially less than the Morningside violation. Maybe -- MAYOR HENN: Despite the fact that they operate more locations altogether. ASSOCIATE PLANNER BROWN: Absolutely, yes. MAYOR HENN: Okay. So I guess as it relates to good faith and willingness and ability to comply, others can. Does anyone -- Mayor Pro Tem Gardner. MAYOR PRO TEM GARDNER: I just -- I think it's all been said. I mean I think Mr. Slutzky said it right in the beginning. It's a pattern, although to me it seems like it's more than a pattern, and it's been disappointing because I 79 PRECISE REPORTING SERVICE (800) 647 -9099 S20 i0 1! 19 19 tj 19 I* I* 10 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 think what we tried to accomplish was -- was good. I mean we were thinking of the community and how can we get our hands around this and numbers and that sort of thing, and you get caps and then you're, okay, you're safe maybe, but this has been disappointing, and it's been difficult because consistently it seems to be -- I think someone said it's not the individuals, it's the management. It does not seem to be as well managed as we would like, and I think the staff report shows this, and I think the staff recommendations are the correct recommendations. UNIDENTIFIED SPEAKER: (Inaudible). MAYOR HENN: No, questions are -- public comment is closed. Questions are not allowed. UNIDENTIFIED SPEAKER: (Inaudible). MAYOR HENN: We're not in a position to respond to questions from the audience at this point. Council Member Daigle. COUNCIL MEMBER DAIGLE: Yes, I've got a couple questions about, you know, this whole concept of curing a violation, and I can appreciate if let's say the violation was landscaping had deteriorated so you cure it by, you know, adding water and trimming it and this sort of thing. But there's violations that have occurred that you really can't cure because they happened, and they could happen again, let's say the smoking or some of those impacts. So how do 80 PRECISE REPORTING SERVICE (800) 647 -9099 3g� • Ll • I• %] • • 9 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 you -- how do you address a violation that's really -- you can't really cure it? If you could -- and then I had an additional question. CITY ATTORNEY HUNT: Thank you, Council Member Daigle. The issue here really isn't the individualized violation. I mean if there were individualized violations, certainly it could be -- frankly it could be cured in 20 minutes sometimes, have the folks walk in and stop smoking outside or take that type of an action. But the real issue here is is that substantial and repetitive cycle of violations, and I think it was something that was interesting that was stated by a member of the public with respect to apparently at least what appears to be an unwillingness to -- an unwillingness or inability in order to fully comply even after the request of the City. It's that pattern and practice that can't be continued. It's certainly frustrated the staff and certainly frustrated the residents as a whole. The issue is that they can never return to this type of conduct, and that simply cannot be tolerated, and that's what steps need to be taken in order to train and assure that they will not return to that. And if they do return to that, then there will be a report to the council with recommendations for taking further action. COUNCIL MEMBER DAIGLE: Okay. And then -- and then PRECISE REPORTING SERVICE (800) 647 -9099 HM S22 0 J J Ll 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 there's a -- is there a threshold where one sort of -- or is it more of a judgment call? CITY ATTORNEY HUNT: It's a judgment call based upon substantial evidence. Under the government code development agreements may be terminated based upon substantial evidence in the record before the city council. If there's substantial evidence in the record that supports a violation of the Development Agreement, the good faith and the ability to comply is called out in the staff report and the resolution, then your determination will be upheld. Ultimately it will be at the discretion of the city council to make that determination. COUNCIL MEMBER DAIGLE: Okay. Then my other question is along the lines, and I know Barbara Lichman is very active and extremely effective with others in the community on our airport, and what was kind of the cornerstone of that was environmental impacts. And environmental law always seems to be based on the review is the sort of accumulation, and in listening to the residents this evening it's fairly clear we're not dealing with an isolated facility. It is a campus -like setting. And so when you look at those environmental impacts on a cumulative basis, be is noise, be it traffic, I mean what environmental review are we conducting on these -- on these applications? 82 PRECISE REPORTING SERVICE (800) 647 -9099 3 g� • J r] • 0 Pi L u h. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 CITY ATTORNEY HUNT: Originally when the Development Agreement came before the council, it was determined that the environmental review was not necessary in that we weren't change the nature of the uses of any of the houses that the use was being placed in, that the Zoning Agreement -- because under state law, under the Health and Safety Code 11832.23 it states that these uses need to be treated as single family residential, and we're restricted in our ability to take any further action. So the action that was taken of the Zoning Agreement was exempt under the California Environmental Quality Act. COUNCIL MEMBER DAIGLE: So they can't be evaluated on a cumulative basis? Even though they may be single family, single family, when you add it all up, when you look at the totality of it, you know, it would seem to be impacts that, you know, one could say were substantial or needing mitigated or so on. Just a thought. MAYOR HENN: Okay. Council Member Hill. COUNCIL MEMBER HILL: As the new council member I've never really had the opportunity to chime in on this topic, and I guess, No. 1, I'd like to do that. I am appalled by the negative impact that Morningside has had on our community. I've had the misfortune of experiencing some of those instances of what I 83 PRECISE REPORTING SERVICE (800) 647 -9099 • 0 J J 0 J .j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 would call roving gangs of foul mouth smokers that absolutely destroy an environment as they move through it. And I believe that as a city we need to do everything we can to stop this from happening. At the same time I recognize that -- and I've had the chance to review many of the lawsuits that we have faced and with a great deal of pride acknowledge that we've won those lawsuits because we've dotted the I's and crossed the T's as we move through this process. And so I also respect the fact that we have to continue that, because the first time we lose one of these lawsuits, we're in trouble from then on. And so I am very much in support of the staff recommendation to move forth with the noticing at this point in time. I want to see this brought to a halt as rapidly as possible, but recognize the reality of need to do it right. MAYOR HENN: All right. Please, please. Council Member Curry. COUNCIL MEMBER CURRY: Well, I think the evidence presented in the staff report and presented by the audience tonight is clear and compelling that this operator, unlike some of the other operators in our city, it's operating in a pattern that is in complete violation of this agreement and we need to take action. I want to assure the community we all up here get 84 PRECISE REPORTING SERVICE (800) 647 -9099 3�2 ;J 0 0 6 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 it. We understand the impacts on the community, and we understand that you want us to do something about it. We spent nearly $2,000,000 in crafting an ordinance and reducing the impact of these facilities in our city, and the key to doing that as Councilman Hill just alluded to is doing it through the use of due process, and that's important that we follow in this case, but it's also clear I think that the evidence is such that due process needs to be followed to move forward with the provisions that we have at our hand to address these issues so that key can ultimately get to the impact on the community, and this operator has chosen a particular community where this use is particularly incompatible with the neighborhood and with the residences, and that's got to be addressed. So I like Councilman Hill will be supporting the staff recommendation, and let's move forward to address these concerns vigorously and appropriately. MAYOR HENN: Okay. Council Member Selich. COUNCIL MEMBER SELICH: Well, I agree, also. I think the evidence is overwhelming here on this. I'm extremely disappointed. I think that we worked very hard on this agreement. We gave Morningside an opportunity to actually be a model operation in the city that's certainly shown a tin ear if you will to the community, and really completely blown it, and it's really disappointing to see it come to this, but 85 PRECISE REPORTING SERVICE (800) 647 -9099 3� 2 f 0 0 u u n 0 lJ C7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 I'm compelled to follow the staff recommendation on this. MAYOR HENN: Well, speaking for myself, I'd have to say I feel scorned by all of this. I'll admit I was part of the discussion here originally when we talked about putting together the settlement agreement and the Zoning Agreement with Morningside. I did so on good faith understanding that we were dealing with someone that would act in good faith to execute this agreement faithfully. You know, it's arguable whether the agreement itself, whether the trade -offs that were originally identified in all of this were good trade -offs. Clearly, the agreement has not been followed appropriately, and I am even more deeply disappointed than perhaps some others out here to that effect having had a hand in it to start with. Given that though I am even more determined that we get execution or we deal with the consequences quickly and effectively on these violations. And I, you know, there's this -- there's been a strain of thought here impliedly or otherwise that there are these requirements in the operating conditions, and it's extremely hard, maybe impossible to comply. Well, that's just not true because we have another operator in the city that apparently is able to comply. They can comply. This is an agreement that could be respected. It hasn't been. And so for that reason I'm going to move the recommended action by staff. 86 PRECISE REPORTING SERVICE (800) 647 -9099 3J° 3 1 i • 0 0 E 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 MAYOR PRO TEM GARDNER: Second. MAYOR HENN: All right. Council Member Rosansky. COUNCIL MEMBER ROSANSKY: Yeah. I'll just close out my comments with -- the Zoning Agreement only works if both parties are willing to move forward in good faith. We each needed to get the benefit of our bargain. And I like Mayor Henn who just said that, you know, he's disappointed and the results of the agreement, you know, we're not getting the benefit of our bargain. And, you know, clearly we're going to have to give them 30 days notice to cure because that's what the agreement calls for, and that's what our city attorney is recommending, and I believe that that's the right course of action under the agreement that we have. But, you know, my feeling is is that even if they come into compliance, we really need to think about I guess working with Morningside to just terminate this agreement. We need to move forward. They need to move forward with their business plan, whatever it is, and we need to move forward as a city protecting our residents, enforcing our ordinances, and, you know, the chips will just have to fall where they may. And it may not have results that folks in the audience would desire or expect because they do have alternatives that this agreement constrained or limited the number of beds, for instance, if the agreement goes away, the 87 PRECISE REPORTING SERVICE (800) 647 -9099 D :71 0 i S r] u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 cap on beds goes away. If they go and get licenses for their facilities in R -1 zones or R -2 zones or any zone for a six and under facility, then we can't touch it, and that's what this agreement did. That's what -- that's why we entered into this agreement. But clearly it seemed to be more trouble I guess than it's worth because they can't seem to comply with it, and our residents are not happy. I'm not happy to be here at 10:30 discussing this. And so personally I feel that we just need to move forward with terminating this agreement either voluntarily with the acquiescence of Morningside through our negotiations with our city attorney or through the processes that are set forth in the agreement if they can't comply. You know, there's a number of violations here. They're not limited to the 533. Some of them I think are petty. You know, a phone number for instance. I mean this is a -- this is a petty thing on the part of the city, but other things are not. You know, driving dangerously, smoking, deliveries at all hours of the night and day. However, you know, some of this stuff may not be prohibited if the agreement goes away. So everybody should just recognize that, you know, people are allowed to smoke on their property. I have neighbors that smoke on their 88 PRECISE REPORTING SERVICE (800) 647 -9099 3J,5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PARTIAL TRANSCRIPT - 6/14/2011 property, and sometimes it wafts over and sometimes it doesn't. But clearly this agreement just doesn't seem to be working like it has with some of the other ones that we've entered into, and so maybe we just need to reconsider and move forward in a different direction. And so I will be supporting staff's recommendation as well. MAYOR HENN: Okay. Any other comments? Please vote. CITY CLERK: Motion carries unanimously. CITY MANAGER KIFF: Do you have to read it or did you already? CITY CLERK: There's no resolution. CITY MANAGER KIFF: Okay. Okay. There is a resolution. It's on Page 15, handwritten 15. CITY CLERK: A resolution of the city council, City of Newport Beach for a periodic review of compliance of the zoning implementation and public benefit agreement between the City of Newport beach and Morningside Recovery, LLC. MAYOR HENN: And the motion carries unanimously. Thank you very much. (WHEREUPON THE AUDIOTAPED MEETING CONCLUDED) PRECISE REPORTING SERVICE (800) 647 -9099 MM 3J 0 City Council Attachment D City Council Resolution No. 2011 -57 3� g RESOLUTION NO. 2011 -57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FOR A PERIODIC REVIEW OF COMPLIANCE OF THE ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND MORNINGSIDE RECOVERY, LLC (PA2011 -107) I I :1:9611 V9 K 611 P► [ *1 7 I 1111110 • ] a Ism I:0111 Ira*] N I I A ► 111go] :4 ■ :3 4GT 61. I NMI Ell :7 :I : yd a 104 1 DI .yGF9 go] 111 01 T I T & SECTION 1. STATEMENT OF FACTS. 1. The City Council adopted Ordinance 2010 -18, approving Development Agreement DA2010 -001 between the City and Morningside Recovery, LLC (Morningside) on September 28, 2010. The Development Agreement is described as a "Zoning Implementation and Public Benefit Agreement' (Zoning Agreement) and is part of the Settlement and Release Agreement with Morningside that was approved by City Council, and entered into April 27, 2010. 2. The Zoning Agreement establishes terms and Operational Conditions with which the City and Morningside are required to comply. 3. The Zoning Agreement provides that the City and Morningside shall conduct a review at a noticed public hearing at least once every 12 months for good faith compliance with the terms and conditions of the agreement, consistent with California Government Code Sections 65865 and 65865.1, and with Newport Beach Municipal Code (NBMC) Section 15.45.080. 4. A public hearing was held on June 14, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Section 15321 exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. 3�� City Council Resolution No. 2011 -57 Paoe 2 of 4 SECTION 3. FINDINGS. 1. Section N of the Zoning Agreement (Periodic Review of Compliance) provides that the City Council and Morningside shall review the Zoning Agreement at least once every 12 months for good faith compliance with the terms of the agreement, consistent with California Government Code Sections 65865 and 65865.1, and with NBMC Section 15.45.080. At the reviews, Morningside shall document the current status of its operations and furnish evidence of good faith compliance with the Zoning Agreement. 2. NBMC Section 15.45.080 provides that at the time of such review, the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue shall be on the applicant or successor -in- interest. 3. Pursuant to Section 0.1 (Default by Morningside), Morningside's compliance with the terms of the Zoning Agreement is subject to the enforcement provisions in subsections (a) and (b): (a) For Violations of the Operational Conditions, the City may follow its Administrative Citation process (NBMC Chapter 1.05) to remedy violations of the Operational Conditions, until such time as the City Council, at a noticed public hearing, determines that Morningside is unable or unwilling to remedy the violations and comply with the terms of the Zoning Agreement. (b) Pursuant to California Government Code Section 65865.1, and the Zoning Agreement, if the City determines that Morningside has not complied in good faith with its obligations pursuant to the Zoning Agreement, the City shall specify by written notice to Morningside the manner in which Morningside has failed to comply, and state the steps Morningside must take to bring itself into compliance. If Morningside does not commence efforts to achieve compliance within thirty (30) days after receipt of written notice from the City specifying the manner in which Morningside has failed to comply, and diligently pursue steps that achieve full compliance, then Morningside shall be in default under the terms of the Zoning Agreement. 4. The City Council finds that Morningside has not demonstrated good faith compliance with the terms of the Zoning Agreement based on the following facts: 4 -A. In the spirit of good faith and fair dealing, and cooperatively enforcing the terms of the Zoning Agreement, the City has issued more than 20 emails or letters warning of complaints or potential violations of the Operational Conditions since the Zoning Agreement was adopted on September 28, 2010. Although warned of these potential violations, though it remedied some violations, Morningside was unable or unwilling to remedy or prevent a recurrence of such violations, and Notices of Violation or Administrative Citations were issued to Morningside for failure to comply with the terms and Operational Conditions of the Zoning Agreement, as evidenced below. Tmplt: 03108/11 400 City Council Resolution No. 2011 -57 Page 3 of 4 4 -B. The City has issued a total of 181 Notices of Violation (Exhibit 1) to Morningside for violation of Operational Conditions at its facilities as well as for general operational matters since the Zoning Agreement was adopted on September 28, 2010. The Notices of Violation were issued for the unauthorized use of the City's official seal on Morningside's website, failure to submit a Compliance Review Report within the deadline required by the Zoning Agreement, and failure to comply with the following Operational Conditions: Condition No. 1 Occupancy Level. Occupancy levels limited to no more than 36 clients citywide, with no more than 30 clients within the Peninsula Zone. Condition No. 6 Trash and Trash Enclosures. Operator shall comply with City code provisions related to disposal of trash and maintenance of trash receptacles or enclosures. Condition No. 7 Smoking and Tobacco Products. Secondhand smoke may not be detected Condition No. 12 off -site. Operator shall prohibit littering of cigarette butts. Condition No. 8 Parking. Garages and other parking spaces at facilities shall be clear, unobstructed and available for parking by staff, visitors and transport vans at all Condition No. 14 times. Clients are not permitted to have personal vehicles. Condition No. 9 Client Transport. Transport van drivers are required to respect all City rules regarding parking and /or stopping. Loading and unloading of passengers shall occur only in open parking spaces or garage spaces. Condition No. 12 Quiet Hours. Quiet Hours of 9:00 p.m. to 8:00 a.m. shall be observed and enforced, and noise (including music, television, and voices) shall not be audible beyond the perimeter of the facility. Condition No. 13 Route Plans. Operator shall adhere to Route Plans (Exhibit 5 of Zoning Agreement) for transport of its staff and resident clients. Condition No. 14 Deliveries. Deliveries are limited to weekdays between 9:00 a.m. and 5:00 p.m. Condition No. 22 Federal, State, and Local Laws. Operator shall comply with all federal, state and local laws. 4 -C. The City has issued a total of 14 Administrative Citations (Exhibit 2) to Morningside for violation of Operational Conditions at three of its facilities and for general operational matters since the Zoning Agreement was adopted on September 28, 2010. The Administrative Citations were issued for a second incident of unauthorized use of the City's official seal on Morningside's website, and failure to comply with the following Operational Conditions: Condition No. 7 Smoking and Tobacco Products. Secondhand smoke may not be detected off -site. Operator shall prohibit littering of cigarette butts. Condition No. 9 Client Transport. Transport van drivers are required to respect all City rules regarding parking and /or stopping. Loading and unloading of passengers shall occur only in open parking spaces or garages aces. Condition No. 12 Quiet Hours. Quiet Hours of 9:00 p.m. to 8:00 a.m. shall be observed and enforced, and noise (including music, television, and voices) shall not be audible beyond the perimeter of the facility. Condition No. 14 Deliveries. Deliveries are limited to weekdays between 9:00 a.m. and 5:00 p.m. Condition No. 22 Federal, State, and Local Laws. Operator shall comply with all federal, state and local laws. 1 A single Notice of Violation was issued for two separate violations of operational Condition Nos. 9 and 14 at 533 Via Lido Soud on January 5, 2011. Tmplt: 03 /08111 401- City Council Resolution No. 2011 -57 Pape 4 of 4 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby determines that Morningside has not demonstrated good faith compliance with terms of the Zoning Agreement, and is unable or unwilling to remedy the violations and comply with the terms and Operational Conditions of the Zoning Agreement, based on evidence presented in the staff report, at the public hearing, and as provided in Exhibit 1 and Exhibit 2 attached hereto and incorporated by reference. 2. The City Council of the City of Newport Beach hereby directs staff, consistent with this determination, to issue a written notice to Morningside specifying the manner in which Morningside has failed to comply with the terms and Operational Conditions of the Zoning Agreement, and state the steps Morningside must take to bring itself into compliance and achieve compliance within 30 days after receipt of the written notice. Passed and adopted by the City Council of Newport B ch at a regular meeting held on the 14th June, 2011. l/ 9 MAYOR ATTEST: X04, 11E\YipQ� Q-- 05 CITY CLERK ORNIIA Tmplt: 03 /08/11 402 EXHIBIT 1 40S An-inspecflon of premiseadocalaWal 342AYIA.OPORTO.NB. In1he City of-Newporl Bench, on 04M312041 revodied.a violailon(e):af the Newport Beach :MUniclpai eode. WARNING, ONLY PREVIOUSLY ADVISED FINAL WARNING . NEWPORT REACH MUNICIPAL CODE SECTION($) tDES6RIPTIONS OF- VIOLATIONS) 1: MC 10;50.020H, VIOLATION OF.USE PERMIT - R`DRi2EG -i3t1 1. AS.REQUIRED $Y'DEVELOPMEXT AGREEMENr2Di 0.001,(EXHIB(tA, SECTION WIN 'j ), MORNINGSIDE RECOVERY SHALL SUBMIT A COMPLIANCE REVIEW "REPORT YO THE-CITY ON:OR BEFORE-MARCH 31,.JUNE.30, SEPTEMBER 30,ANO PECEMBER`31,.. 2. THE COMPLWNb✓keviEwREPORT DUE MARCH 31, 2011 HAS NOT eECN- $UBMITTEO TO THE CITY. . 3:PLEASE SUBMITA COMPLIANCE REVIEW'REPORT TO THE CITY BY APRIL 19. 2011. - THIS-VIOLATION MU5T'B.E °CORRECT.ED ON OR BEFORE�Ip / IPthe yiolation is.not corseted by the date specified, an ADMINISTRATIVE CITATION maybe issued.and penalties will-begin-to accrue {$100:00, $200:00; AND $500,00). each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violnfion(s). A.REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(5) .IS NOT COMPLETED AN ADMINISTRATIVE-CITATION MAY BE ISSUED AND FEESWILL BEGIN -TO ACCRUE: PRINT NAME OF OFFICER /`dam/ C�`S%i•4- `r•�!/ SIGNATURE OF'CFFICER " f N0i'1:C`�7]0 Ult?LATj0N - °' 'Cf7V:`O1±�NEtA7pDF!fi':f3EACH . ia- -�r�� Comt nuiiityb9vo16gmonL�PJeparfinont rKLlAUNS'�r Code Enforcoinetit.Divisforr . - 3300 Nowporl:H)vd, ' Nowpcid.Baoch, CA 926ST ' 049- 844 -82:15 Nombar: - 12011 +0358 . Pule: 04/4/2011 Name•or Ownaror. Rusinees: MORNINGSIDE'RECOVERY; -LLC - 3421 V OPORTO, SUITE.poo ' NEWPORT BEACH,CAt92863 An-inspecflon of premiseadocalaWal 342AYIA.OPORTO.NB. In1he City of-Newporl Bench, on 04M312041 revodied.a violailon(e):af the Newport Beach :MUniclpai eode. WARNING, ONLY PREVIOUSLY ADVISED FINAL WARNING . NEWPORT REACH MUNICIPAL CODE SECTION($) tDES6RIPTIONS OF- VIOLATIONS) 1: MC 10;50.020H, VIOLATION OF.USE PERMIT - R`DRi2EG -i3t1 1. AS.REQUIRED $Y'DEVELOPMEXT AGREEMENr2Di 0.001,(EXHIB(tA, SECTION WIN 'j ), MORNINGSIDE RECOVERY SHALL SUBMIT A COMPLIANCE REVIEW "REPORT YO THE-CITY ON:OR BEFORE-MARCH 31,.JUNE.30, SEPTEMBER 30,ANO PECEMBER`31,.. 2. THE COMPLWNb✓keviEwREPORT DUE MARCH 31, 2011 HAS NOT eECN- $UBMITTEO TO THE CITY. . 3:PLEASE SUBMITA COMPLIANCE REVIEW'REPORT TO THE CITY BY APRIL 19. 2011. - THIS-VIOLATION MU5T'B.E °CORRECT.ED ON OR BEFORE�Ip / IPthe yiolation is.not corseted by the date specified, an ADMINISTRATIVE CITATION maybe issued.and penalties will-begin-to accrue {$100:00, $200:00; AND $500,00). each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violnfion(s). A.REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(5) .IS NOT COMPLETED AN ADMINISTRATIVE-CITATION MAY BE ISSUED AND FEESWILL BEGIN -TO ACCRUE: PRINT NAME OF OFFICER /`dam/ C�`S%i•4- `r•�!/ SIGNATURE OF'CFFICER " o. Name'of'Owrier drBusiness NOTICE 6MAb"TION Crf'Y OF :NEWPORT BEACH CODE'& WnterQW!Vtnforcoment • 3300�1Jewpolt Bivd,. Nevrpe_ rt,Beadh, CA &2063 949644.3216 ' Number, 120104140 . Date: 11/02120/0 MORNINGSIDE:RECOVERY,-LLC 3421'VIA.OTSORTO,.$UITE 200 . NEWPORT'B EACH;CA,92663- A6.inapacUon:of promioes tooatod-al.3421 VIA OPORTO N&in.lhe'City of Newport Beach: on I11OV2010 revealed a violation(0).oTlhe Newport Bench'Mun(di al-code, WAitNiNQ ;ONLY (fj PREVIOU,SLYADVISED' j FINAL WARNING) ?cfIRs �r;eto.., t tAeoto on(kEi FA& Ix+ AM5 o f2TLS W,NIg Tt6. NEWPORT BEACH'MUNICIPA.L CODE SECTIONS) / DESCRIPTiONSOFVIOLATiON(S) 1: MC'i6.so.020R; VICLATION.OF USE PERMIT GORRffe_,T_IOTd(� S}fiREC1l RED- ' 1,' CONE )M'ON.ND. i.OF ZONING•AGREEMENT NO. DA2010.00i L'IMIT-S THE NUMBER OF CLIERTHEDSTO'90JN THEPENINSULA.ZONEANDA MAXIMUM OF $6 CLIENT'BEDS.IN THE "CIkYOF NEWPORT'eEACH: 2. PLEASE REDUCE THE CLIENT BED COUNT TO BE- IN COMPWANCE WITH THE REQUIREMENTS IN-CONDITION NO, 1. ' THIS VIOLATION MUST BE CORRECTED ON OR BEFORE I L S%18 If theviolation is not corrected by the datespecified,.an ADK41NIS.TRATIVE'CITATION.may beissued and pehaltiesvill begin to accrue ($100.00, $200.00, -AND $500.00) each day. Additional enforcement actions such as •administrative abatement, -civil penalties, prosecution: and%or civil Injunction may be utilized to correct this violation(s), A.REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IP THE COPECTION(S) 15 NOT COMPLETED AN ADMINISTRATIVE CITATION MAY REISSUED AND PEES WILL.BEGINTO ACCRUE; PRINT 'NAMMEIOF'OFFICER SIGNATURE.OF OFFICER. VIOI:ATiQN(S)' CLEARED AS'OF __ (DATE.INSPECTED) OFFICER ID If 0308 n V . •__.- .�.::;,:.�.._... _..... ...:e_aa....:.._.._ . -. _.._. .- ,�_v:.... -�ifv. .tee -'r.e `. Mr. ^_si�.c_. _ �wwpOA 04 To NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE & Water Quality Enforcement i 3300 Newport Blvd. Newport Beach, CA 92663 - 949444.3215 Noma of Owner or Business: MORNINGSIDE.RECOVERY ea P. 5421 VIA OPORTO, STE 200 NEWPORT BEACH,CA,92003 .Number. Date: 12011-0116 0113112011 An inspection of premises located at 4623 RIVER AVE Ne In the City of Newport Beach, on "0112 612 0 1 1 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING ���VIOLAT10Nj$)��A@`0� 0 = dJi�{ fit;'(' J.?, YSfUjii71' i'. I" �1�T7at�jU-`-'- Sr«;?' 7.' S'i�:)FIMb ^!bl)r�}�!L:}dt�7r -:, :::•:•" GbRRECfBb OR FiE69LVR 4A' TI (Sfc�',dt <[..._.i%v:': ".::..1:�3Z:='.ii? .. ,..<._ _�'?:` •` :� NEWPORT BEACH MUNICIPAL CODE SECTIONS) / DESCRIPTIONS OF VIOLATION($) 1: MC 6.04.090, GARBAGE AND REFUSE CONTAINER REQUIREMENTS 2: MC 10,60.0201-1, VIOLATION OF USE PERMIT aR—k 1:CTIQ NISI'. R EQU I RE15,i. 1, ON JANUARY 26; 2011, THE.REFUSE CONTAINERS ATTHE FACILITY DID NOT HAVE LIDS, 2. PLEASE MAKE SURE THATTHE REFUSE CONTAINERS HAVE LIDS ON THEM ATALL TIMES. THANK YOU. - THIS VIOLATION MUST BE CORRECTED ON OR BEFOR If the violation Is not corrected by the date specified, an ADMINISTRATIVE CITATION may be be Issu Itles will begin to accrue ($100.0D, $200.00, AND $500,00) each day. Additional enforcement actions such as administrative abatement, civil pendltles; prosecution and /or civil injunction may he utlllLed'to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORREC1I0N(5) 15 NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER 'SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF �,^ . (DATE INSPECTED) OFFICER ID # D309 I a rb 1VOTiG" .'OF:Vlt7LAT10' N CITY!OF NEWBOR *SEACH - ; CommOiSIW DeveloiimAdt t)aper6ment ciy. due,: Code.Erifaroe —ffi- 1vlsIon 3300NGWpOTtBIVd. Nawport::Beaohc CA 926$3 849.644.3218 NumNr, 120:140211• Date: 0314QI201t Naino-OfOwneror'BUalnaos.c MORN(NGSIDE.RE COVE .RY yR i!• 3421: VIXOPORTO #200 • NEWPORT13EACH,CA,92663 . An7nspeollan_0-0remlbes locdted at 4823'R1VER'AVTNI3 In Itie City ofNewport-Seach, on 03ff01201d ravoalod a vlolallon(a) ofllie'Newpor( Boach:Munfclpai code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING NEWPORT BEACH MUNICIPAL-COOE:SECTION(S)4 DESCRIPT)ONS.OF vioLA r10N(S) is MC:6,0410b(),GARBAGE: AND. REFUSE CONTAINER REQ UIREMENTS. 2: MC 10'.S0;0201i,.VIOLATION OF'USE PERMIT u R ktO IST F$qjga 4. TRASH CANS MUST'HAVE_UDS ON THEM ATALLTIMES AS-REQUIRED BY CONDITION NO, 6 OFTHE 7_A AND NSMCV.04 ;090- ' THANKS. THIS-VIOLATION MUST BE CORRECTED ON OR'BEFORE�/ Z/ If the violation is not corrected by the date.speciiled, an ADMINISTRATIVE CITATION may "be issued and penalties will begin to.accrue ($100.'00, $200:00, AND.y`SOD,00) each .day. Additional enforcement. actions such as administrative abatement, civil penalties; prosecution and/or civil injunction may be utllized.to correct this v)olatlon(s). A REiNSPECTiON WILL BE MAKE ON OR.AFfHR THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN 70 ACCRUE. PRINT NAME OF OFFICER STONAT:URE OF OFFICER - VIOLATIONS) CLEARED. AS OF �'7r�J,�"CoS�G r ©.rte (DATE INSPECTED) OFFICER -ID-# 0908 :. . :. � ..:......................... ....: tVR:f— >.,�+Fla!:::':�: �. .:...n..: n- ::::'.: .. •. .... '.'::»�:::::::::AC! n..... _— mi;:-ir2;..Fyx.'..,�: _.....�� \S n,F^ S .....Y - CiF'.VIOLAT[ON n5aNOTICE. 'CITY. -CITY. N"PQRT BEACH CODE 3aQ0Newportt3ivd, � . Nowjrort'13�adh,•CA 92883 949.6:44.32.16 Number. 120W418 ' Date; 11/1012010 Nama of'Ownnror Busingss:; . MORNINGSIDE- RFCOVERY, LLC ° ° -a h•. ,. 3421.VIA.OPORTO,SUITE'200 NEWPORT BEACH „0A;92663 ' An Inspactlon ofpreniiaeslocated at482S.RIVER AVE NB'In.thas City pfNewpod.0each, on 11105/2010 fevented e vlo)atlon(s):aPihe Nevrpon'Beach'Municipatcade. WARNING-ONLY . RREYIt3T19LY ADVISED. VINAL'WARNING NEWPORT BEACH MUNICIPAL.CODE.SECTION(S)✓ DESCRIPTIONS OF VIOLATION(S) It M0110c60:020tt, VIOLATION OF USE PERMIT GOR ECYf �f(SI�R�GI REb`F INDITIONAO, 7 OF ZONING AGREEMENTNO_DA20:10401,. TRY WILL.NOT'A0_'6W CLIENTS, STAFF, OR-RESIDENTS TO'LITTER THE - GROUND, FLOOR, DECK, SIDEWALK, GUTCER; SOARDWALK,OR 2,.PLFXSE''REMOVE.AtL OF7HE CIGARETTE BUT.TSANt7TRASH:EROM' THE 'CITY PLANTERS AT THE FRONT OF THE - PROPERTY. THE PLANTERS MUST BE °KEPT FREE:OF CIGARETTE BUTTS AND'TRASH AT ALL TIMES, THANKS. THI5111O1ATI0N MUST BE CORRECTED' ON OR BEfORE�/rfA If the violation:is noT corrected by the.date specified, an.ADMINISTRATIVE CITATION may be Issued and pensitles wlll.begin to accrue. ($100;00, $200,00, AND $500:00):each. day. Additional enforcement actlons'such as administrative abatement,, civil pen'atties, Prosecution and/or &II'Injunction may be utilized to correct this V1010tton(s)..A. REINSPECTION. WILL- BE:MAOE.ON ORAETER THE CORRECTION DATE,. IF-THE Cf2RRECTION(S)'19 NOT (OMPLETED. AN ADMINISTRATIVE'CITATION MAY BE ISSUGD.AND.FEE5IWfLL.BEGIN TOACCRUE, PRINT NAME'OF-OFFICER SIGNAT)1RE0'F:QFFICER- ��,�%�'''� 'VIOIAT.ION(SjCLEARE.DAS:OE' (DATEINSPECIED) OFFICER iD' #0308 An inspection at premissS.iocaled Of 633 VIA LIDO SOLID NS In the City of Newport Beach, on 1 110 012 01 0 revealed a violalion(s),ot the Newpod Beach Mlmlcfpol- ode: ' WARNING:ONLY] PREVIOUSLY ADVISED [ ] FINAL WARNING [�] �HIS;y_IOL�*(tOt 715] I�AS, q�llGi((((hLL` 4',` 3ROOaH7�tA:Y0l7R`AT�`Ft��ON7QN� �ANDYOUIHAVENizT }�„. CORRECT64 Q)bRH$OQVBD�71H ViOIAT10�t(S) �. n- T . S - :.,. - = -.� .... _� . .: -•..� �• a . -. NEWPORT BEACH MUNICIPAL CODE SECTION($) (DESCRIPTIONS OF VIOLATIONS) 1: MC 10:60.020H, VIOLATION OF USE PERMIT COttf2EG!k70 N[�'S! R�QUI R E13T: 1. AS REQUIRED BY CONDITION NO, X OF ZONING AGREEMENT NO; DA2010.001, NO CLIENTS, GUESTS, STAFF, OR ANY OTHER USERS OF 633. VIALIDO SOLID MAY SMOKE IN AN• AREA-FROM WHICH THE SECONDHAND-SMOKE MAY BE DETECTED ON ANY PARCEL OR PROPERTY OTHER THAN 633 VIA LIDO SOLID. 2. MORNINGSIDE RECOVERY SHALL MAKE GOOD FAITH BEST EFFORTS TO CONTAIN SECONDHANDSMOKE GENERATED BY PATIENTS; CLIENTS; CUSTOMERS, AND /OR STAFF. THIS VIOLATION MUST BE CORRECTED ON OR SEFORE r . C srf G>. If the violation is not corrected by the date specifted,.an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($x00.00, $200;001 AND $500:00) each day, Additional enforcement actions such as administrative abatement) civil penalties, prosecution and/or civil injunction may be utilized-to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF i (DATE INSPECTED) OFFICER ID # 0309 NOTICE ORVI-OLATION • CITY OF NEWPORT BEACH le- i CODE.& WatorQUality. Enforcement 3300'Nowport Blvd, • "'aF'"� Newport Beach, CA 92663 949.644.3216 Number: 12010.1172 • Dale: 1110912010, . Name otOwner or Business: . MORNINGSIDE RECOVERY -r::: P• 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH,CA,92663 An inspection at premissS.iocaled Of 633 VIA LIDO SOLID NS In the City of Newport Beach, on 1 110 012 01 0 revealed a violalion(s),ot the Newpod Beach Mlmlcfpol- ode: ' WARNING:ONLY] PREVIOUSLY ADVISED [ ] FINAL WARNING [�] �HIS;y_IOL�*(tOt 715] I�AS, q�llGi((((hLL` 4',` 3ROOaH7�tA:Y0l7R`AT�`Ft��ON7QN� �ANDYOUIHAVENizT }�„. CORRECT64 Q)bRH$OQVBD�71H ViOIAT10�t(S) �. n- T . S - :.,. - = -.� .... _� . .: -•..� �• a . -. NEWPORT BEACH MUNICIPAL CODE SECTION($) (DESCRIPTIONS OF VIOLATIONS) 1: MC 10:60.020H, VIOLATION OF USE PERMIT COttf2EG!k70 N[�'S! R�QUI R E13T: 1. AS REQUIRED BY CONDITION NO, X OF ZONING AGREEMENT NO; DA2010.001, NO CLIENTS, GUESTS, STAFF, OR ANY OTHER USERS OF 633. VIALIDO SOLID MAY SMOKE IN AN• AREA-FROM WHICH THE SECONDHAND-SMOKE MAY BE DETECTED ON ANY PARCEL OR PROPERTY OTHER THAN 633 VIA LIDO SOLID. 2. MORNINGSIDE RECOVERY SHALL MAKE GOOD FAITH BEST EFFORTS TO CONTAIN SECONDHANDSMOKE GENERATED BY PATIENTS; CLIENTS; CUSTOMERS, AND /OR STAFF. THIS VIOLATION MUST BE CORRECTED ON OR SEFORE r . C srf G>. If the violation is not corrected by the date specifted,.an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($x00.00, $200;001 AND $500:00) each day, Additional enforcement actions such as administrative abatement) civil penalties, prosecution and/or civil injunction may be utilized-to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF i (DATE INSPECTED) OFFICER ID # 0309 I 'CITY..DF`NEWP.ORT BEACH CgOE "ffi'Watun`QUeilty Entor'ooin ni t 33.60 Aawpgrt Blvd, Nolgj 6&l3eanh, CA 02663 949.644.3216 . Number, Dale: Name oi'Owneror Business; MORNINGSIDE:RECOVERY 92 30; . 3404- VIA,LIDOAA NEWPORT BEACHiCA,92663 12010,-1049 10M612010" An inspeolfon,ol premises localed:al 4623 RIVER AVE NB.In the City 61 NewpoN Beach, on tD108 2010 revealed a lolnilon( 8)" of'Ihe.Nawport Beach Munldpafcodo. WARNING ONLY ) PREVIOUSLY'ADVIS150 [. FINAL WARNING) NEWPORT BEACH MUNICIPAL.CODESECTION(S)'1 DR,SCMPTIONS OF VIOLATION($). 11 .MC-20- 66X20, PARKING-AND-LOADING REQUIREMENTS 2: MC 20.66,040, RESIDENTIAL OISTKICT- PARKING 60RREGTIONI8)1REf0DfRtir. 1, THE GARAGE MUST BE KEPT CLEAR AND ACCESSIBLE FOR THE'PARKING'OF VEHICLES AT ALL-TIMES, 2. PLEASEfREMOVE ALL ST.ORAGEE.FROM THE GARAGE ANDSQHEDULE.AMINSPECTION TO VERIFYTHATTHE'STORAGE -HAS BEEN REMOVED. THANKS, THIS VIOTATION'MUST Be CORRECTEp.ON OR'13EPORE . 101211z V Ifthe vl'olation:ls not correctedby the date:speclfied, an ADMINISTRATIVE CITATION may.be.Issued and penaitfes.will'begih to.accrue- 000.09, $200,00, AND $500:00) each day. Additional enforcement actions suc11 as administrative abatement, civil penalties, prosecution and/or civil injunction may be utilized to correct this vlolation(s). A RJEINSPEGTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. If THE-CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND .FEES-WILL BEGIN TO ACCRUE. PRINT NAME:OF OFFICER. .SIGNATURE OFOFFICER V.IOL.ATION(S) CLEARED' AS'OF (DATE - INSPECTED), .OFFICER ID# 9309 ..... .� ................. ....,,........... � ..:::,,:..:max- �- >- _:::,m_,.�, - NqTIMOV VIOLATION ,_. CMX'OF NEWPORT MACH y C.0DE &' Water qu4tlty Enfotaemant r"an 33.00 Newport Blvd. Nowport'Boach, CA 92663 "O.; 4.3216: Ntimber. 12610-1049 Da(di (2212010. Name:ofOwnererBudlnesst MORN)NGSIDE.RECOVERY 3404MALID.Ot1A NEWROfa 9FACH(CA,92a80 An inspection ofpremises Iecated:at4823RIVER AVE NBJn tho:Cily,of Newpod-Beach, on 1612212010.reveolod a vlola(lon(s) ot9ho•Nowgod'Bsach'Municipat code. WARNINO.-ONLY PREVIOUSCYADVISED [ j FINAL WARNING [ rHCS?viay� d I�vinsiogio'titt��;eRq�io �' o,YAUi?�KiC� ot�� �;r}�d,� �6� " -;r;. ai' �`= NEWPORT $EACH:MUNICIPAL QOOE SECTION(S)J :DESCRIPTIONS OF VIOLATION( §) 4: Mc 7%O:9610201 PARKING AND LOA- DINTREQUIREMEN..TS' 2: MC:20.66.040, RESIDENTIAL DISTRICT PARKING 6-0—R C:'G�O- }5161;fi6GtFlIRGPF 1, T9E GARAGEMUST BE'KEPTQLEAR. AND .ACCESSIBLE FOR THE PARKING OF VEHICLES-AT ALL TIMES.. 2, PLEA8E'REMOV15ALL STORAGE FROM THE GARAGE AND SCHEDULE AN:INSPECTIOWM VERIFYTHATTHE'STORAGE HAS BEEN REMOYED. -- THANKYQU THIS VIOLATION MUST BE:CORRECfED'ON OR BEFORE 0 0rt i Wine vlolatiop is not corrected'by the date specified, an.ADMiNISTRATTVE CITATION maybe Issued and penalties will begin to accrue ($100;00, $200.0; AND $500,00) each day. Additional enforcement actions such as administrative abatement; civil penalties, prose6u86n and /or civil hijunction' may be utilized to correct this:vfolatlon(s), A REINSPECTION WILL BE MADE ON OR AFTER' THE CORRECTION DATE, IF THE CORRECTION(s) IS 'NOT COMPLETED AN ADMINISTRATIVE CITATION MAYBE.ISSUED.AND FEES'WILL.BEGIN TO ACCRUE. PRINT'NAMEAF OFFICER ppS'( 1`3nL- M`E'.. SIGNATURE'OF•OFFICER l_...- - �✓�- �. %- -- --- V10L1T)ON(S) CLEARED AS OF (DATE INSPLCT.ED) OFFICER ID# -0356 ..:. _ - v n ` "I'D F't{M1(P »OJtT>iaF�1CH' CODE: &Wat�rQ'ualityl hfoioe`menf `'r <'ieot��' 3306NevrportBfvd: NewportHeach, CA 92663 .. '949694.3215 " • Number. !$0 1.142: Date: 1110212010 Name :0f:Owner-ofBuslnessl MORNINGSIDERFdWaRY,LLC _ 3421 VIA-OPORTO, SUITE 200. , NEWPORT BEACHICA,02063 An lnspeetlarrafpremiaes located at "291MA L.OA.CT NS1nIhe-Cilyof" Newport Beach, on lil021204A revealed a vlolailon(s).0the Newport. BeactfMunicfpal.code, ' WARNING ONLY I , .PREVIOUSLY ADVJSED Iri PINAL WARNING �(] 'NEWPORT BEACH MUNICIPAL CODE SECTf4N(S)7 DESCRIPTIONS OF VIOLATION($) .1:. MG10.60:020H, VIOLATION-OF USE PERMIT 'CL�RREE- 180N(S iRE4 IRED 1. CONDITION NO.$ OF'TONING AGREEMENT NO. DA2010.001 REQUIRES THAT GARAGES AND OTHER PARKING"SPACBSATALL MORNINGSIDE.RECOVERY FACILITIES BE KEPT "CLEAR, UNOBSYRUOT<~Ia,.AN6.AVAILABL:E FOR PARKING. '2. PLEASEOLEAR THE GXsRAGE. PARKING SPACES AND SCHEOULE.AN'INSPECTIONTO'VERIFY THAT tHE-GARAGE'IS ACCESSIBLE.FOR PARKING', THISVIOLATtON :MUSTBECORRECTEDONORBEFORE i S /iJ If the violation.fs. not corrected by the:date specified, an ADMINISTRATIVE CITATION may be Issued and penalties will begin to.accrue ($100,00, $200.00, AND $500'00) each.day: Additional enforcement actions such 8, administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s), A REINSPECTION. WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION- MAY 'BE'ISSUED AND'FEES'WILL BEGIN TO ACCRUE. 'PRINT NAME OF-OFFICER SIGNATURE' CIF OFFICER VIOLATION(S)�OLEARED.ASOF (OATE'INSPECTED) OFFICER 11) 30 00 -. Name of Ownero�.Pqslq.ess '. N 0 T M 6. 0 F V I QLATI. C -OF N5WPO '13" I1Y PT Kqwgort' -CA, IJ� be§ P#444-3216 mpklkjwp m RECOVEPY,1.L0 SUITE-200 'NI3W.ORT0EACHjCA;92663 NuMber. :1201.0-1141 Date: )11021201 An aHII2Vi&ANTI8E8:Nb InIha City vf-Nav1po& Beach,on 1110212010119vealad.a vl6lallon(s) .WARNING C)Nj Y RFiVIOUSL-YX WISED ' I FINAL WAkRi NG X N. A Nfs i: MC %,ftop � VIOL... nAlvifT . .. . "0 H 'Opp-gsF 4, CONDITION NO, AND 1. PLEASECL-Mg-013YALL TflKHE-OARAbEiPkFZKIN0 SPACr:$ANDSOHEOULE.At4:jNspEcnON TO VERIFY THAT THE 'GARAGES ARE ACCESSIBLE FOP-PARIUM' THISVIOLATIONULIST BECdhREdTED ON OR BEFORE 1) /0 - lf-.6e violation Is not-.corroded by - the date speAied,;an-AD1IVIINI*S . TRA31VE CITATION may be issued and -penalties will begin to aceftie (WO�W $20()=, AND $.5001tbj each 4aY. Additional enforcement actions such ns:administrative abatemaht, cVJI penalties, prosecutiogland/or-56vil injunction may be, utilized to -correct thIs'VJ016tI0n(s). A HONSPECT160 WJU BE MADE'ON -.011 AFTER THE CORRECTION DATE, IF 7141 -qORRkT`1(3N(S) IS NOT C0IVIPItTJ50 AN -ADMINISTRATIVE-CITATION ;MAY'13E::iSSUED AND FEES WILL BEGIN PTO Acaurz, PRINT NAME OF OFF]CtA SIGNATURE OF OFF[PER VIOLATION(G) CLEARtDASCF (DATE INSPECTED) *OFFICERP# 0306 41-S ....,.,..:. Name'b((hyner or Buslness : MORNINGSIDE RECOVERY,.LLC 3421 'VIA OPORTO, SUITE1,200 NEWPORT 6EACH0,92663 Number. 12011 -04$2 Veto: 05ti.312011 An'iaapoalinn bt.promisos. located it 539 VIA LIDO SOt1IXNR in IUD City- oPNewpot0amll, om0 412 112 0 11 rovo6led a violalton(s) of the Newpoa"Boaeh'MuniclpaI code, WARNING_gNLY I PREVIOUSLY ADVISED FINAL WARNING �' \) �- 4@OYiL�P*7.��, 1�k���A�l��.k'� "���a��` c. �"�S1_• .:.� NEWPORT BEACHMUNICIPAL CODE SEGTION(S) /-DESCRIPTIONS OF VloLATION(S) 1: MC 10,60 020F1,- Y(OLATION qF USE.PE 3MIT CORti�Zfl'�01�)`�QUIRE[ia 9..IT'IS A VIOLATION-OF`CALIFORNIA VEHICLE CODE SEC.TION.22502•(A) TO STOP OR PARKA VEHICLE "IVORE THANIS INCHES•AWAY FROM:A CURB. 2..AS:REgi11RE6 BY CONDITIQN:9 OF EXHIBIT T TO.ZONING AGREEMENT 2010.009, MORNING.SIDi _RI3COYERY DRIVERS SHALL.RE &PACT ALL CITY RULES REGARDING PARKING ANDIOR:STOPPINO AND WAITING TOtOAD RESIDENTS, YHtS.VioIAriON.MUST BE CORRECTED ON OR BEFOREJ/%j7�f�>fZut the violat(on ismot corrected by the date specified, an.-ADMINISTRATIVE CITATION May be-issued and penalties will begin to accrue ($10040, $200:00, AND $600,00) each day. Additional enforcement actions such as administrative abatement, civil peR@ifil:s,:grosecution:and /or ctpil injunction maybe UHII�e corracF tti Is._violationL6_A- REINSPEC7tQN WILL BE, MADE ON OR AMR THE CORRECTION DATE, IF THE CORRECTION(S) 15 NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE 15-SUED-AND FEES WILL BEGIN TO ACCRUE. PRINFNAME "OF' OFFICER / %%`/'%% —Ce;ls SIGNATURE OFOPFIOER VIOI: MON(S)+CLBARED-AS'OF.,_ 'iUATE INSPECTED). OFF.ICER'I15#:0309 N0T1.C:E` 0 ,%0.LAT10.N. 9". , OF:NEWP.ORTBEACH .. �. Community DayeloOrnent"'Daaartmenf Ccdo Enfbircamenf<D)vlsian ' 3300'Newpo&hIIvd: ' Nowportffi a6..CA.92G00: 949-$44.3$16 Name'b((hyner or Buslness : MORNINGSIDE RECOVERY,.LLC 3421 'VIA OPORTO, SUITE1,200 NEWPORT 6EACH0,92663 Number. 12011 -04$2 Veto: 05ti.312011 An'iaapoalinn bt.promisos. located it 539 VIA LIDO SOt1IXNR in IUD City- oPNewpot0amll, om0 412 112 0 11 rovo6led a violalton(s) of the Newpoa"Boaeh'MuniclpaI code, WARNING_gNLY I PREVIOUSLY ADVISED FINAL WARNING �' \) �- 4@OYiL�P*7.��, 1�k���A�l��.k'� "���a��` c. �"�S1_• .:.� NEWPORT BEACHMUNICIPAL CODE SEGTION(S) /-DESCRIPTIONS OF VloLATION(S) 1: MC 10,60 020F1,- Y(OLATION qF USE.PE 3MIT CORti�Zfl'�01�)`�QUIRE[ia 9..IT'IS A VIOLATION-OF`CALIFORNIA VEHICLE CODE SEC.TION.22502•(A) TO STOP OR PARKA VEHICLE "IVORE THANIS INCHES•AWAY FROM:A CURB. 2..AS:REgi11RE6 BY CONDITIQN:9 OF EXHIBIT T TO.ZONING AGREEMENT 2010.009, MORNING.SIDi _RI3COYERY DRIVERS SHALL.RE &PACT ALL CITY RULES REGARDING PARKING ANDIOR:STOPPINO AND WAITING TOtOAD RESIDENTS, YHtS.VioIAriON.MUST BE CORRECTED ON OR BEFOREJ/%j7�f�>fZut the violat(on ismot corrected by the date specified, an.-ADMINISTRATIVE CITATION May be-issued and penalties will begin to accrue ($10040, $200:00, AND $600,00) each day. Additional enforcement actions such as administrative abatement, civil peR@ifil:s,:grosecution:and /or ctpil injunction maybe UHII�e corracF tti Is._violationL6_A- REINSPEC7tQN WILL BE, MADE ON OR AMR THE CORRECTION DATE, IF THE CORRECTION(S) 15 NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE 15-SUED-AND FEES WILL BEGIN TO ACCRUE. PRINFNAME "OF' OFFICER / %%`/'%% —Ce;ls SIGNATURE OFOPFIOER VIOI: MON(S)+CLBARED-AS'OF.,_ 'iUATE INSPECTED). OFF.ICER'I15#:0309 _ n Hsu =� Name of Ownor or Business NOTIC6 OF. VIOLATION CITY-OF NEWPORT BEACH CODEA.Wator quality Enforcement 3300 Newport Blvd, Newport Boach, CA 92663 949 - 0443219 MORNINGSIDE RECOVERY, LLC' $421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 Number:. 12010.1133 Dale: 11/0212010 An inspecilan of premises located at -3404 VIA LIDO NB in the City of Newport Beach, on 10121120iO.rovenled a violfitlon(s) of the Newport Beach Municipal code. WARNING. ONLY .l PREVIOUSLY ADVISED f 'j FINAL WARNING T\x TECS`410LK(ION(8)�V�A9I.0 TRIP( �IA��I�RUGHY70�Y .OURAT[�NTIGMO,N�'� ,9RD:YOU HA�F„N131`'�. t' NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC.10.90,020H, VIOLATION OF USE PERMIT QiSFtR�GTIOldi5isk @i1UIt2Eb: - 1, CONDITION N0, 9'OFZONING AGREEMENT NO.OA201A001 REQUIRES THAT THE LOADING AND UNLOADING OF,.PASSENGERS SHALL OCCUR ONLY IN OPEN PARKING SPACES OR GARAGE SPACES ANUPROHIBIT$ VAN'DRIVERS FROM STOPPING OR PARKING IN A TRAFFIC LANE TO LOADIUNLOAD PASSENGERS, 2. MORNINGSIDE RECOVERY VAN-DRIVERS MUST COMPLY WITH ALL CITY RULES REGARDING PARKING ANDIOR:STOPPING AND WAITING TO LOAD PASSENGERS. THIS Viouv6N.MUs-r BE CORRECTED ON OR BEFORE 1 S//0 . If the violation Is not.corrected by 'the date speclfled,. an ADMINISTRATIVE CITATION may, be issued and penalties will begin to accrue 0100,00, $200.00,..AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil Injunction may be utilized to correct this violation(s). A REINSPECTION WILL 4E MADE ON. OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE.ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER fir% CCJSfL� SIGNATURE OF OFFICER VIOW- IONS) CLEAREDAS OF (DATE INSPECTED) OFFICER ID 11 030P �g1YneA CITY'OF'N EWPOPT,EIEACH. �, - � Gbmmunitv'OeVelogment:Denartmeht oaclr,sar`�' Cod -e EnforcementDivisfon 330o'Nowporcelvd.. Newporl:0onc)L GA 926.63 . 949.844.3215 N unibac. :1209.1.0063 . Dahn 04120112011f ' Name of Ownevor.Busincas, MORNINOVUE RECOVERY; = 3421 Vl1A':OPORTO..STE #200 NEW PORTT3EACH:CA.6 -203 An Inspeclion ol'promise6 totaled (it 4823 RIVER AVE-NB in Me Cily of Newpon'tioach..oe 0 4 11 412 0 1'1 revealed.a viol0tion(s)' of the Nowpon Beach; Municipal code. WARNING ONLY FIR EVIOUSLY'ADVISED FINAL WARNING f g $1 WASlU1j�G Te uT 1' GC)- liilfi�EClEPl1?q—' R�' ���'C1J1kTAlIE•Nb7,�y`�`�r�"'= NEWP09T BEhCHMUNICIPAL CODG:SECTiON(S) / DESCRIPTIONS -OF VIOLATION(S) 1: MG 1D:S0.020H, VIOLATIDN.OF USE PERMIT 6�RF�f�:IfIS�REI]i1IT.t�6�' 1, AS'RE6IUIRED BY.CONDipmNo. 0 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT'NO. 2010001, MORNINGSIDE RECOVERY STAFF AND DRIVERS SHALL RESPECTALL.CITY'RULES REGARDING PARKING ANDIOR.STOPPING AND WAITING TO LOAD RESIDENTS: 2• IT IS 'A VIOLATtON'0F'CALIF0RNIA VEHICLE CODE SECTION 22500(F) TO PARK OR LEAVEA VEHICLE WITH THE 8ODY .OF THE VEHICLE BLOCKING OR.EXTENDING OVER ANY PORTION OF A.SIDEWALK. THANKS. THIS VIOLATION' MUST BE GORREC"ED'ON OR:BEFORE "t'G:/<.C- XZe y_lf the Violatlowis not corrected by the date specified; aa.ADMINISTRAYIVE GITATION.may be issued and penalties will begin to accrue'($ 100,00, $200100, AND'$500:D0) each day. AddlNonal enforcement actions sueh as administrative abatement; chili penalties, prosecution and /or yiviL injunctlon lacy be utilized to correct tids.violation(s). A REINSPEC:PON WILL BE' MADE .ON OR AFTER THE CORRECTION DATE. IF THE CORREMON(S) 1$-NOT COMPLETED AN ADMINISTRATIVE CITATION MAY'BE ISSUED'ANO FEES WILL.BEGIN TO ACCRUE, PRINT NAME OF OFFICER .SIGNATURE'OF QFrI,C£R: V(Ot#TIQN(� GL[AREG.A§ tiF r l I • t . 1DATE INSPEOT£D) Ori:COCR.IDy 0309 , sI �, .NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE.& Water Quality Enforcement 3300,Nowport Blvd. Newport Beach, CA 82663 94841443216 Number. Dale: Name of Owner or Business: MORNINGSIDE RECOVERY 9a a• 3421 VIA OPORTO, STE 200 NEWPORT BEACN,CA,92663 2011.0109 0 /3 2 An Inspeollon of premises located at 033 VIA LIDO SOLID NB In the City of Newport Beach, on 0112312011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY {rj PREVIOUSLYADVISED Zf[X }] FINAL WARNING p� id4wto'. ^.t oL�[{.tTFi rs.3 A> ��„OR�a�1 b "dU "HAVt?.N¢T'_;..f+I`� NEWPORT BEACH MUNICIPAL CODE SECTIONS) / DESCRIPTIONS OF VIOLATION(S) .1: MC 10.60,020H, VIOLATION OF USE PERMIT ' CC]12�i�(710NISi`ftCrQillRlC N 1, AS REQUIRED BY CONDITION 12 OF EXHIBIT 1 TO ZONING AGREEMENT 2010 -001, MORNINGSIDE RECOVERY SHALL ENFORCE THE QUIET HOURS OF 8:00 P.M. TO 8:00 A.M DAILY TO ITS PATIENTS, CLIENTS,'AND CUSTOMERS OCCUPYING BEDS IN THIS FACILITY. QUIET MEANS NOISE, INCLUDING MUSIC, TELEVISION, AND VOICES, IS NOT AUDIBLE BEYOND THE PERIMETER OF THE FACILITY EXCEPT IN A DEMONSTRABLE EMERGENCY. 2.CONTINUED VIOLATIONS OF THIS CONDITION WILL RESULT IN FURTHER ENFORCEMENT ACTION INCLUDING ADMINISTRATIVE CITATIONS. THANK YOU THIS VIOLATION MUST BE CORRECTED ON OR BEFORE �/l/_ FfL7TstEthe violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be Issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day,. Additional enforcement actions such as administrative abatement, civil penalties, prosecution end /or dlvll injunction may be utilized to correct this violation(s). A HEINSPECTION WILL BE MADE ON -OR AFTER THE CORRECTION DATE, .IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER /%�%r9iceaO SIGNATURE OF OFFICER VIOLATIONS) CLEARED AS OF. (DATE INSPECTED) . OFFICER ID # 0309 : NOT IGE, -QF VIOtA77:O.N EVYPORT'SE'AGt1 e5 -. . ' q� GCSDE & 1Nntmr!.QuaI1Cq.•Enfiopcem8nh_ ' C 1uux�+`t 3300 Nowpdrt[BNd. Newport Eoaoh, CA 62663 ' 99.9:644.3215 .. . Number. ' ]2090 -1Y38 . D -ate; 110 212 0 1 0 Nalpe-oFOemermt'Business; MORNINGSIDE'RECOVERY, LLC 3421 VIAQPORTt),SUITE2o0 NEWPORT.8EACFI,CA,62ti63• An 'inspection.ofpremises:located at.3404'VIA LIDO ND In-the City ofNewpod.Doeoh, on 1o/2 2010 revealed a. vioiallon(s) oFthe Nawporrtiud h'Municipal code: WARNING-ONLY. DC1 PREWOUSLYADVISED j FINAL. -WARNM r�-�-- FC4YRRE_G:CIDa]�O1L'V� NEN?ORTDEACH MUNICIPAL CODE SECTION(S.)I DESCRIPTIONS OF V.IOLATION($). 10.{ 0;020HAOLATION OF USE'.PERMIT CORR✓eCTJOW"RWWR_EM 9..CDNDLSION N0.13'OF ZONING AGREEMENTNO, 1)A20.10.00.1 REQUIRES THAT MORNINGSIDE REGOVSRY'ADHERE TOTHE ROGTE PLANS IN EXHIDIT 5 OF THE ZONING AGREEMENT FOR TRANSPORT;OFITS STAFF.,.RESIDEN3S,,CLl6NTS, AND CUSTOMERS, 2, PLEASE:ENSURE THAT ALL MORNINOSIDE RECOVERY VANARIVERS ADHERE TO'THEROUTE P.LANSIN:EXHIBIT 6; THIS- VIOLATION:MU5T'BE'80RREC.EDONOft BEFORE MA O& . lfthe 'viblatibhtlS,notcoYrected'by the•date'specified, anADMINISTRATIVE CITATION:may be rssued.and penalties-will begin.to.accrue ($100,00,. $200.00, AND $500'00) each day. Additional enforcement actions such as administrative abatement, civil penalties,, prosecution: and /or civil Injunctiommay be utilized to correct this.•violation(s), A RRINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DM: IF THE CORRECTION(5) IS'NOT COMPLETED AN ADMINISTRATIVE CITATION'MAY'BE'155UED.AND FEES'WILL BEGIN TO ACCRUE, PRINT NAMEIOF OFFICER �!RIi~ CD'jYG!di(% SIGNATURE OF OFFICER VIOLATION($) °C,CEARED;AS 6F (DATEINSPEOTED) OFPIOER IDA 03, 02 F ".a,. .:�5 y:. .t 'S`::Y.��Ci.`ui... ±n` TY �':• __ m +y... _ ✓I- cfi -i;S: - _ - -, GIT- OF- -N PORTT3EACH ' CODE &'.Watert3tialRy'• nfx0emant 3306, "N ewp opb BIvrI.. " "Nawport "Baaofi,CA92063 - ' 949G44.3215 - Number. R4110009 Dale: . - 04Y061201.1 Name of-Lhdneror.Dusminis: M014NIN68IDE.RECOVERY " 342T."V' WOPORT0,4200 NEWPORT:BEACH GA,92ae 3 An inepedlon.af prelnreesidcatad at-533 "VIA4:ID0:8OUD NB Itt- Ihe.City of Newport'Boaeh,:on- 7214812010 revealed a v1010006j "of the:Nawport:Beach'MunIdpal cads• YWtRNING ;ONL,Y �(? PI2EV.IOUSLY ADVISE D t J FINAL WARNING ir). �12RR> y'n _•�iil?��4��fF1A'ftAt3- .t ?I$i�- ' - ��_ ��: �.°'; ��---- -- _''��,P.������r,� " "��.,� NEWPORT BEACH MUNICIPAL. CODE :SECTION(S)) DESCRIPTIONS. OF tnOLATION(S) " 1: MG:10:80;020H, VIOLATION-OF USE.PI~RM(T CORRE'C;TION1S1fkE� "1 �� 1. AS RE4UIRED'B1.CONDITIDN-N0:.9 OF'ZONING "AGREEMENT R0- DA2060.00i,.MSWVAN DRIVER&SHAL'L REBP .ECTALLCITY.Rl1LES'REGARDING PARKING AND /OR-STbPPING AND 'WAITINGTO'- LOADRESIDENTS. DRIVERS ,MUST- ENSUIZTHATALLVEHIOLES A- RE 'LEGALLY PARKED. 2.-AS REQUIRED SYCONDITION:NO,. M OF ZONINGAGREEMENT'NO. DA20-1 0 =004, STAFF. MEM13BRS'1N`T.HEIR•PRIVATE VEHICLES MAY DELIVER BUSINEWP.RODUCTS"AND OTHER PACKAGESANO GOODST.OTHE FACILITY DURING WEEKDAYS:BETWEEN THE'NOURS OF 9:00 A.M. TO.5:WP;M, THANK -YOU. THIS'VI(7LATION MUST-BE.CORRECTED ON OR:BEFORF_IM2eJ Q,Ti9 /- 'If -the violation•Is notcorrected b "y the date specified, an.ADMiNIStRATIVE CITATJON may be Issued and penalties will begin to acdrue.(- $10DAO, $200:00;, AND $500'QD) :each-dey, Additional enforcement actions such as administrative obatement, civil . penalties, proseauti.bwand/orclvll Ihjunctlup may be utlJlzed to eorreLL.this violatlon(s),,'A RS.INSPHCTION WILL BE MADE ON.-OR.-AFTER-THE CORRECTION DATE, IF THE CORRECTION(S) IS 'NOT COMPLETED AN ADMINISTRATIVE- CITATION MAYBE MUED -AND: FEES WILL-BEGIN TO ACCRUE PRINT'NAME`OF OFFICER. COs%G:L&-v T :SI0NATGReOF' ERCER a4 , NOTIG� _OP_'VIO,LA -TtON CLTY-OF'NEWPORTBEACH CQbI'& Watar6luallty Enfora9marit 3300,N.ewpoii'.B[vd, N owp ort:B eao h;,CA.92063 949.544.3215 Number 20t0 -1'16 Dole: 1110012010 Name,ofOwnerorEasiness,: MORNINGSIDE RECOVERY - 1� 342` VIA OP..ORTO, SMITE 200 NEWPORT BE'ACHICA,82063' An Inspacllon otpfemLses:Iocaled.aT3404 VIA LIOO NS In the Clly afNewporl:Beach, on 1910812010 rovoAled a vlolallon (s)-of Municipal code. WARNING ONLY PREVIOUSLYADVISED F1NAt_'.WARTJING [ NEWPORT'SEACH MUNICIPAL, CODE SECTION(S)IDESCRIPTIONS OF VIOLATION(S) 1: MC 1:016:060, USE OF THE.OFFICIAL SEAL . t— R —Ed- owt§ tig,Stn i. NEWPORT '13EACH MUNICIPAL CODE SECTION 1,16,050 PROHIBITS-THE USE OF THE Cli'Y SEAL. WITHOUT THE %EXPRESS CONSENT OF ?HE NEWPORT SEACH:CITY COUNCIL. 2. PLEASE ROOVE; THE CITY SEAL FROMWORNINGSIDE RECOVERY'S- WE SSITE. 3. NDTIFY'THE CITY'S CODE ENFO110EMt3NT'DIVISION WHEN THE CITY SEAL HAS-BEEN REMOVCC; THANKS;. THIS VIOLATION MUST BE CORR1 CTEMON OR SEF19RE �mY . if the violation is not corrected by the dhte!speci0ed, an ADMINISTRATIVE.CITATION inay be Issued and penalties will begin to acorue ($100.00, $20 ,00,.AND $500:00) each day, Addltionai enforcement actions such' as administrative abatement; dvii penalties,, prasecutlon and /or civIl injiinstibn may be, utilized to correct this violatibn(s). A REINSPECTION WILL SE MADE ON OR AFTER THE CORRECTI15N DATE, IF.THE CORRECTIONS) IS NOT COMPLETED AN ADMINISTRATiVE-CII ATION- MAYBE I$SUED.AND FRES -WILL BEGIN 'TO ACCRUE. PRINT'NAME:OF:OFFIGER - a SIGNATURE;OF "OFFICER . VIOLATION(Sj OLEg,FjEp:kS::QF,,,�,_„ (QgTEJNSPECTED) OEF.tCER -ID. #. 0309 ...__ _...._........... _........_..__.. ,_ _..._. .._.. .... ... ,.._....,. ...._ ..,. ....__- `---- -.ZERO P rs�Y LVYU�*� NOTICE OF VIOLATION o� CITY OF NEWPORT BEACH Community Development Department . � rrliF'eRr�f�� Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949644.3215 Number. Date: Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 ' NEWPORT BEACH,CA,92663 12011 -0567 06/10/2011 An inspection of premises located at 633 VIA LIDO SOLID NB in the City of Newport Beach, on 05126/2011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY [�(7 PREVIOUSLY ADVISED FINAL WARNING THts VIOLATION($} WAS ORIGINALLY 6ROUGHT TO YOUR ATTENTION ON AND YOU HAVE NOT dORRECTEO,OR_RESOLVE4:THE ViOL "AT.ION(S} . NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONtS) REQUIRED''= 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 12 OF EXHIBIT'1 TO ZONING AGREEMENT NO. 2010-001, MORNINGSIDE RECOVERY SHALL ENFORCE THE QUIET HOURS OF 9:00 P.M. TO 8:00 A.M. DAILY TO ITS PATIENTS, CLIENTS, AND CUSTOMERS OCCUPYING BEDS IN ITS FACILITY. QUIET MEANS NOISE, INCLUDING MUSIC, TELEVISION, AND VOICES, IS NOT AUDIBLE BEYOND THE PERIMETER OF THE FACILITY EXCEPT IN A DEMONSTRABLE EMERGENCY. 2. PLEASE REMIND ALL STAFF AND CLIENTS THAT THE QUIET HOURS RESTRICTIONS ARE STRICTLY ENFORCED. THANK YOU THIS VIOLATION MUST BE CORRECTED ON OR BEFOR re.A�fOiJ�1L -4-:/I f the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued a�alties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 421 EXHIBIT 2 422 An iospaction'of pienlise5 located Q14923 RIVER AVE NB in Ora City of Nowpott Beach, oil-04M212011 revealed a violation(4) of tho.Newport Beach Municipal code. THCC NEXT LEVEL CI`fATION °157N01ti'gI?l l�O1NC+- ANO�YDU. MAY- 9G:CITE0 6ACHiD'YtV•:3)NE3V)OLATI9_ r6ptjiTNll b` lid Cilallon -$400 IS NOW DUE AND PAYASLE TOCITY.OE NEWPORT BEACH THISWOLATION(S)�WAS ORIGINAtiL•YfFi(;OU6HTrTO YOUR• ATTENTION' ON," r - =?= }i'>'i'1 =" ;rANP YOU�HAVEf 0Y`Fr' ` `; `1�: 1'� CORRECTE40R RE90LVM4 rjfE,n/IOLAT10Ni$I_ NEWPORTBBACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATIONS) 1: MC 10.60.020H, VIOLATION OF US>_:PERMIT COR BECSiON(Sl'sR�4U1 RED 1. AS REQUIRED•BY CONDITION.NO. 7 JEXH1BiT 1) OF DEVELOPMENT AGREEMENT NO, 2010001, MORNING$IDE RECOVERY WILL NOT ALLOW.CLIENTS, RESIDENTS, OR STAFF TO LITTER CIGARET.TE:BUTTS ON THE GROUND, FLOOR, DECK, SIDEWALK, GUTTER, BOARDWALK, OR STREET, 2, PLEASE PICK UP ALL THE CIGARETTE BUTTS IN THE CITY PLANTERS LOCATED AT 4923 RIVER AVE. 3, THE CITY PLANTERS•SHALL BE KEPT CLEAN AND FREE OF CIGARETTE BUTTS AT ALL TIMES. THANKS. RECEIPT ACKNOWLEDGED BY OR MAILED /,��. /��;` —� OAT£ ��✓ PRINT NAMr Of• OFFICER .,......—.....-- rr SIGNATURE OF OFFICER ................. .......: __.- :- ..::........ yy157rp,"� NOTI E O.F ADIVIfNfSTRATIVE- CITATION . -CITY OF NEWPORT -BEACH ilU '7,.+� rte': COmINUnlIV nQVQ101)mCn(.pet ) erlmQnt Code Enforoamallt DIVisIOn ,tea 3300 NQwporl Blvd. Newport Baaoh, CA 92663 949.644.3215 Citation No: 12014.0353A. Dille: 04 13 120jj ' Accr and No: 2011.0353 Name of Owner or Business: MORNINGSIDE RECOVERY 3421VIA OPORTO, SUITEtf200 NEWPORT BEACH, CA 02603 An iospaction'of pienlise5 located Q14923 RIVER AVE NB in Ora City of Nowpott Beach, oil-04M212011 revealed a violation(4) of tho.Newport Beach Municipal code. THCC NEXT LEVEL CI`fATION °157N01ti'gI?l l�O1NC+- ANO�YDU. MAY- 9G:CITE0 6ACHiD'YtV•:3)NE3V)OLATI9_ r6ptjiTNll b` lid Cilallon -$400 IS NOW DUE AND PAYASLE TOCITY.OE NEWPORT BEACH THISWOLATION(S)�WAS ORIGINAtiL•YfFi(;OU6HTrTO YOUR• ATTENTION' ON," r - =?= }i'>'i'1 =" ;rANP YOU�HAVEf 0Y`Fr' ` `; `1�: 1'� CORRECTE40R RE90LVM4 rjfE,n/IOLAT10Ni$I_ NEWPORTBBACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATIONS) 1: MC 10.60.020H, VIOLATION OF US>_:PERMIT COR BECSiON(Sl'sR�4U1 RED 1. AS REQUIRED•BY CONDITION.NO. 7 JEXH1BiT 1) OF DEVELOPMENT AGREEMENT NO, 2010001, MORNING$IDE RECOVERY WILL NOT ALLOW.CLIENTS, RESIDENTS, OR STAFF TO LITTER CIGARET.TE:BUTTS ON THE GROUND, FLOOR, DECK, SIDEWALK, GUTTER, BOARDWALK, OR STREET, 2, PLEASE PICK UP ALL THE CIGARETTE BUTTS IN THE CITY PLANTERS LOCATED AT 4923 RIVER AVE. 3, THE CITY PLANTERS•SHALL BE KEPT CLEAN AND FREE OF CIGARETTE BUTTS AT ALL TIMES. THANKS. RECEIPT ACKNOWLEDGED BY OR MAILED /,��. /��;` —� OAT£ ��✓ PRINT NAMr Of• OFFICER .,......—.....-- rr SIGNATURE OF OFFICER i � �c11LO,r b. NOTICE vF ADMINIST- RA'TIVE GITA r ION QQ '� 'CITY OF NEWPORT BEACH - CODE & Water Ounlity llnforcuaiont 3300 Newport Blvd. Newport Saach, CA 92663 049.644.321$ Citation No: 12011 -0-1304 Date! 02/07f2011 Account No: 12011 -0130 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC • 3421.VIA OPORTO #200 NEWPORT BEACH, CA 02663 An Inapection•ofpremises located at 4023:RIVER AVE NB in the City of Newport Bench, on 02!0412. 11 reveolnd a violation(s) of the Newport Beach hdan(cipai:code. 1st Citation .S160 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH 'jHIS�OLAT7o�jF)LW�s(o�G 7 L) ?1'' i3LivI�T3.�- g��r,E�u7io o 1:����3�D" oUt: y€� N{oT ��n`r` y _. NEWPORT SEACH:MUNICIPAL CODE SECTIONS) /DESCRIPTIONS OF VIOLATION(S) 1: MC 10.60.020H, VIOLATION OF USE PERMIT C6RRECTION161`IR EQCIIRLD`.� 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22600 (F).TO STOP, PARK, OR LEAVE UNATTENDED A VEHICLE ON ANY PORTION OF A SIDEWALK, 2. A$ REAUIRRD.BY CONDITION 9 OF EXHIBIT 1 TO ZONING AGRE•EMCNT 2010.001, MORNINGSIDE "RECOVERY VAN DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING: AND /OR STOPPING AND WAIbNG TO LOAD RESIDENTS, RECEIPT ACKNOWLEDGED BY OR MAILED T � _ .' - c DATE PRINT NAME OF OFFICER. SIGNATURE OF OFFICER G VIOLArION(S) CLEARED AS OF (DATE INSPECTED) OFFICER [DO 0309 a � . NOTICE. ;OE A- DMigl.STi,ATIVE•GITATION; CI.TX'OF:kEf7VA0RTREACH - CODE & -Wat F Qiiall(y Bntorcpmant { far ` 3300 Nowport 131v d. Nowport.Boach, CA 92663 949. 64442161 Cltallon N4: 12011m'3 Da(w 02012011 Account No: 12071= 0133 Name ofOtvnarorBusiness: MORNINGSIDE-RECOVERY,LLC 3424 VIAOPORTO:tl20f( NEWPORT BEACH, CA 92663 An hispeolton of premises located at 633 VIA LIDO SOUD N in the Clly of Newport Beach, on Oi1341201.1irevealed a viola0on(s) of the.Newpon BeoclrMuniclpal code. ist Citation •$ioo IS NOW DUE AND" PAYABLE TO CITY OF NEWPORT BEACH iVB. Kf. (,.�>'AR.LtC�Ur?��bs��V,Oa�(�u� A. �7:". -x. s�. �`` s<'•'SUsa3z`"'�e_,a �r_�.��. NEWPORT BEACH MUNICIPAL CODE SECTION(S) (DESCRIPTIONS OF VIOLATION(S) 1: MC 10,60.020H, VIOLATION OF USE PERMIT GQt�£RhC710F1(ni lff— EDf 1. IT IS.A VIOLATION OF-CALIFORNIA VEHICLE COOE,SECTION 22600 (A) TO-STOP, PARK, OR LEAVE UNATTENDED A VEHICLE WITHIN AN INTERSECTION, 2. AS REQUIRED BY CONDITION 9 OF EXHIBIT 1 TO ZONING-AGREEMENT 2010.001, MORNINGSIDE RECOVERY VAN DRIVERS SHALL RESPECT ALL CITY RULES-REGARDING PARKING AND /OR STOPPING AND'- WAITING TO-LOAD RESIDENTS, RECEIPT ACKNOWLEDGED BY PRINT NAME OF OFFICER SIGNATURE OF OFFICER DATE VIOLATIONS) CLEARED AS OF (DATE INSPECTED) OFFICER-IDS 0300 Ciielion No: .12011.0418A Date: 0412812011 Aceount No: 120 11-0410 Name of Owner: or Susiness: MORNINGSIDE RECOVERY, LLC 3421.VIA OPORT04200 NEWPORT BEACH, CA 92063 Aninspeollon of premises located at 4823 RIVER AVE NB in'Iho City oLNowpoil Beach, on 0410412011 revealed a wola0on(s) of the Nowport Searh.Wintelpalcede. 211d Citation -$200 IS NOW DliE5 AND PAYABLE TO CITY OF NEWPORT BEACH 1t iISN IGliAT1oN( S); WAS ONIGINALEYRROOGHjTQ :Y.OURATir N"ON:011-- CORRECTIM NEWPORT BEACH MUNICIPAL CODE SECTIONS) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.00:020H, VIOLATION OF USE PERMIT 0O1if2x_�(ih'I 3)tRE`U )hOt3�: 1: AS REQUIRED BY'CONDITION -NO. 0 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT NO. 2010001, MORNINGSIDE.RECOVERY STAFF AND DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. 2, IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22600(F) TO PARK OR LEAVE A VEHICLE WITH THE BODY OF THE VEHICLE BLOCKING OR EXTENDING OVER ANY PORTION-OF A SIDEWALK. THANKS. r �a _ RECEIPT ACKNOWLEDGED BY OR MAILED TO DATE ' r� PRINT NAME Of OFFIC111k SIG14ATURE OF OFFICER, VIOLATION(S) CLEARED AS OF (DATE INSPECTFI)) OPPICER.ID -11 919— .t�ypilvtrO� r: . . NOTICE OF ADMI : ISTRA,TIVF CITATION CITY OF NEWPORT BEACII Wi,i Gommunitv:MyolopnenlDol� rnrtrnenl Code.EriforcomontDiyision r n tm • ;.- 3300 Noviport Blvd: - Newport Bowuh, CA 52003 549. 048.37.16 Ciielion No: .12011.0418A Date: 0412812011 Aceount No: 120 11-0410 Name of Owner: or Susiness: MORNINGSIDE RECOVERY, LLC 3421.VIA OPORT04200 NEWPORT BEACH, CA 92063 Aninspeollon of premises located at 4823 RIVER AVE NB in'Iho City oLNowpoil Beach, on 0410412011 revealed a wola0on(s) of the Nowport Searh.Wintelpalcede. 211d Citation -$200 IS NOW DliE5 AND PAYABLE TO CITY OF NEWPORT BEACH 1t iISN IGliAT1oN( S); WAS ONIGINALEYRROOGHjTQ :Y.OURATir N"ON:011-- CORRECTIM NEWPORT BEACH MUNICIPAL CODE SECTIONS) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.00:020H, VIOLATION OF USE PERMIT 0O1if2x_�(ih'I 3)tRE`U )hOt3�: 1: AS REQUIRED BY'CONDITION -NO. 0 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT NO. 2010001, MORNINGSIDE.RECOVERY STAFF AND DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. 2, IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22600(F) TO PARK OR LEAVE A VEHICLE WITH THE BODY OF THE VEHICLE BLOCKING OR EXTENDING OVER ANY PORTION-OF A SIDEWALK. THANKS. r �a _ RECEIPT ACKNOWLEDGED BY OR MAILED TO DATE ' r� PRINT NAME Of OFFIC111k SIG14ATURE OF OFFICER, VIOLATION(S) CLEARED AS OF (DATE INSPECTFI)) OPPICER.ID -11 919— =.�biyni'kr\ NOTICE OF ADMINISTRATIVE CITATION n'` CITY OF NEWPORT BEACH lip Community Development Departmeni Y', ' Code Enforcement Division �tV . 3300 Newport Blvd, Newport Beach, CA 92663 949444.3216 Cltallon No:. 12011.0602A Date: 06/1812011 Account NO: 120110602 lame of Owner or susyless : MORNINGSIDE RECOVERY, LLC _ 3421 VIA OPORTO,#200 NEWPORT BEACH, CA 92663 An Inspection of preml6os located of 633 VIA LIDO SOUD NB in Meetly of Newport Beach, on US 1312dil revealed a violation($) of Ilia New r( Beach Municipal code. THE:N6)d--LEV8L-1crrA noN IS NOW PENOIlLQftD?YOU. MAYiBE'CITED EACH DAY THE VIOLATION CONTINUES.-:OT P,R ENF.O.RC EMENTACT10 AND PENALTIES MAr41SO,RESULT IKCpMPL1AflCE I6 NOT:ACHIEVED OR IP Y,OU.0017TI�i11 0' 1011611 THIS CITATION .. _ 3rd Citation •5600 IS NOW DUE AND PAYABLE.TO CITY OF NEWPORT BEACH .TfilsNpOTION(S) W4 ORIGINALLY BROUGMTO YOUR ATTENTION ON AND YOU HAVE NOT CORRECTED OR RESO VEO THE VIOLATION(S)';. NEWPORT BEACH M NICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VI CATION OF USE PERMIT 1. AS REQUIRED BY PERATIONAL CONDITION NO. 12 OF EXHIBIT 1 OF ZONING AGREEMENT 'NO. 2010-001, OPERA OR SHALL ENFORCE THE QUIET HOURS OF 9:00 P.M, TO 0:00 A.M. DAILY TO ITS PATIEN S, CLIENTS AND CUSTOMERS OCCUPYING BEGS IN ITS FACILITY. QUIET MEANS NOISE INCLUDING MUSIC, TELEVISIONS, AND VOICES, IS NOTAUDIBLE BEYOND THE PERIM ER OF THE FACILITY EXCEPT IN A DEMONSTRABLE EMERGENCY. . CONVERSATIONS AN ACTIVITIES AT THE FACILITY SHOULD NOT BE AUDIBLE BEYOND THE PERIMETER OF THE I ACILITY DURING QUIET HOURS. may/ RECEIPT ACKNOWLE )GED BY OR MAILED TO 9ZE2 __ DATE PRINT NAME OF OFFI ER SIGNATURE OF OFFI ER VIOLATIONS) CLEAR D AS OF �,. (DATE INSPECTED) OFFICER ID N 0309 ._.. .. ... as :: .. :. NOTre -t °OF A6MINi-8TP,AT.ivE - WATION. ' .CITY'C1F'NEV(�Qi2T.SEACH �G` omtnunitX ;D'evelo,�mentDoaartment . gods Hriforcoment.Division 3a00. N9wp'ort blvd. Newport Beach, CA 02003 . 04M44 -3216 1 , 'Name of Ovtnerw Susiness'; MORNINQSIDE RECOVERY, 11C 3421 VIA':OP05TO, SUITEW200 ' HEWPpRTBEACH, CA02063 Citation No: 12011,0503A :Daig: O6/A012011 Acceun6No: 120111603. located at 100 VIA.ANTIBE8 NB in the City of Newport Beach, oh O61i,,., 912011 revealed-a Beach Municipal code. 3rd Citation -:5600 ( TS NO' .W DUE AND PAYABLE TO CITY OF NEWPORT.-BEACH I DESCRIPTIONS OF VIOLATION(S) 1: MC'10.60:020H, VIOL'A710N'OF'USE[PERM7 F '9,:AS REQUIRED.BY &ERAT10NA13OONDITION'No.12 OF EXHIBIT4 OF;9ON1NO:AGREEMENT NO, 2610: 01, OPERAl(OR'SHALL. ENFORCE THE QUIET HOURS OF 9t00 P,M;'TO�'8t00 A.M. DAILY TO IT$ PATIENj S CLIENTS AND - CUSTOMERS OCCUPYING BED$ IN iTS'FACILITY, QUIET MEANS NOISE,.IN6I- Qb1NGA6!iIG, TELEVISIONS, AND'VOICES; IS -NDT AUDIBLE 'BEYOND THE PERIMETER OF 7:HE �AGILITY.EXGEPT IN A DEMONSTRABLE EMERGENCY. 2. PLEASE REMIND A�1,4TAFF AWL) RESIDENTS OF 100 -102 VIA ANTIBES AND 208 VIA 1.00 SOLID THAT AW QONVERSA7IGNS AND ACTIVITIES AT THE FACILITY$HOULD NOT 6E AUDIBLE BEYOND THE:PERIMETEWOF THE:PACILITY DURING QUIET'HbURS. RECEIPT ACKNOWLEDGED BY•'OR MAILED TO DATE PRINT NAME OF OFFICER SIGNATURE OF OFFIOER -- - VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 422 4 4•T'� ��rL7FUHµ�� �• Name of Owner or St An inspection of prerr vlolallon(s) Of the Nov 3rd Citation • 5600 NEWPORT BEACH 11 MC 10,60.020H, NOTICE OF ADMINISTRATIVE CITATION CITY Of NEWPORT BEACH j Community Development Department Coda Eyforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949.644.3216 Citation No: 121.0601A Date: R-116/2011 Account No: 12011-0501 MORNINGSIDE RECOVERY, 1,4C 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 located at 633 VIA LIDO SOLID NS In the City of Newport Beach, on 061,1312011 revealed a Beach Municipal code. N IS NOW-PENOIN04ND YOU MAY Be CITED EACH DAY THE VIOLATION CONTINUESj.;,OTHER ND PENALTIES tiA jALSO REOULT IF COMPLIANCE IS NOTACH1GVED OR IF YOU CONTINUE'Td IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH ORIGINALLY BROUGOTTO YOUR ATTENTION ON ' , ANO YOU HAVE NOT rED THE V(OIATiO,N(S) -. CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) OF USE PERMIT i. AS REQUIRED BY C PERATIONAL CONDITION NO. 14 OF EXHIBIT 1 OF ZONING AGREEMENT NO. 2010.001, STAPF EMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTH R PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 j ,M. TO 5:00 P.M. 2, ELIMINATE ANY FU ITHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO RECEIPT ACKNOWLE GEO SY OR TO DATE MAILED PRINT NAME OF OFFI ER SIGNATURE OF OFFIC ER VIOLATION(S) OF (DATE INSPECTED) I OFFICER ID # 0309 y�a•`.`'Pek N o\ NOTICE OF ADMINISTRATIVE CITATION \)e r`{xi; \toil CITY OF NEWPORT B> ACH 1 L> jam .... A�rl Community Develonmont Department Code Enforcement Division,:.; 3300 Newport BIVd.' Newport Beach, CA 92665 949-644-3216' Citation No' 12011.0409,A Dale: 412Q 612011 Accounl No: 12011-0409 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OOORTO, 4200 NEWPORT BEACH, CA 92663 An inspection of premises located at 4623 RIVER AVE NB In the City of Newport Beach, on 0412212011 revenled a violation(s) of the Newport Beach Municipal code. THE'NEXPLEVEL CITATION :ISINOW. PENDING AND YOU MAY, BE CITED;EACH:0,4" Px.V1OLAnON:CONRNUESi.:O111'ER ENFORCEMENT '.AC110N'AND:pENALTIES:MAY ALSO RESUL"Ii 1F -CCMP. Wa.�♦pp'(S' NOCNIEVED'OR:IF.'1'O,`UiC'lt HUFr'�O 7:+: ..... ..... - ,: ••:., t'". .. tat Citation -$160 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS-VIOLATION(S) WAS' ORIOINALLYBROUGILT •TOYOUR•ATTHN710 N :ANDYOUHAVENOT- CORRECTEDORRESOLVEDTHE4 .VIOLAT10N(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: 20.40.090C LOCATION OF PARKING CORRECTIONIS) REQUIRED 1, PARKING OF VEHICLES IS ALLOWED ONLY IN PERMANENT PARKING AREAS AND ON DRIVEWAYS LEADING TO ALLOWED PARKING AREAS. UNDER ND CIRCUMSTANCES SHALL LANDSCAPED AREAS OR HARDSCAPED AREAS IN FRONT YARDS, OTHER THAN DRIVEWAYS, 8E USED FOR PARKING. RECEIPT ACKNOWLEDGED BY OR MAILED TO Z DATE L oZS PRINT NAME 0FOFFICER �C F1, iG % SIGNATURE OF OFFICER VIOLATION(&) CLEARED AS OF __,- (DATE INSPECTED) OFFICER ID 4 0309 V ' Newport Beach - Parking W- 137167276 Sun 02/06 /2011 PAW 2!7120113 :14 PM iii 01111119VIRMIN CITATION: W- 137157276 7Tra Dam 16131 SUN 02/06/2011 OMW Nd OIT" IO OTT Im Ax RD H6PD ' 16 4E# ArM AYE VloleUon Note 22500P CVC. PARKM ON SIDEWALK PeNPI.TY., $53.9 TOTAL PEIMTYI #53:n6 Vohlolo Lamm Iw, SMKKO72 WN 9670 (Wt 4 CIp1 , MSM Ood+6tvb FORD VAN ROni6rkD s6s PNOTOTAKEN AMID CALL 0 O m M O 0 .n Iti N r~ U7 .- 6mte EM m CA 06/11 Cola C0.EY 7~ I— u Newport Beach - Parking W- 137187275 Sun 0210612011 Printed 2/7/20113 :14 PM UIQn��lllllllplill�lilll��l MATIONt W- 137157275 T" oak 18:30 SUN 02/06/2011 oRlm Nam9 Olfka to ou 1762 AOaMW Ro NOD f6 LMUM 4M R:Yei AVE Violation viol, 22500FCVC PARK MONSIDEWALK PENALTY, Asian TOTALMIALM $53.00 Vehlote Mk N0. MEOU vm 9779 (kat4 d�R9) HAO ,67ak FORD OR Remarks sea PHOTO TAKEN W O m 6tl n P N N M1 04 N r Sak Em m MO 01/12 3 DOW oRrN F u �p;t4'kOkA: - NOTICE- OF. ADMINISTRATIVE CITATION. CITY-OF NEWPORT BEACH OOnynunity Develonment Doic6itmon� Cade EnforCemerit Division 3300 Ne'w1fort Blvd. Newport Beach, CA 92663 049.644 -3216 Citation No: 18011 =06386 Dote: 05/2712011 Acco6ni No: Igoij4638 Name of Owner or Business: MORNINGSIDERECOVERY,LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH, CA 92663 An.fnspectien of premises located ot.3421 VIA OPQj2T0 t B In the Clly of Newport Beach, an 05/27/Z N revealed a vlo(ation(s) of the Newpod Beach Munlclpai code. 1sFCitation 4100 M NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH ETCfOi1R- OR . RESEP�f[ TION; dN.-UfS'i�O5W5 CUG[Q�OURT AS � } N-AVE TG_7 RR6T6tl NEWPORT BEACH MUNICIPAL CODE - SECTIONS) / DESCRIPTIONS OF ViOLAT10N(S) 1; MC 1,16.060 Use of the Official Soal CORRECTION(SI REQUIRED 1. NEWPORT BEACH MUNICIPAL CODE.SEC:TION 1.16.060 PROHIBITS THE USE OF THE CITY SEAL WITHOUT THE EXPRESS CONSENT OF THE NEWPORT BEACH CITY COUNCIL. 2. PLEASE REMOVE THE.CITY SEAL FROM MORNINGSIDE RECOVERY'S WEBSITE. 3. NOTIFY THE CITY'S. CODE:ENFORCEPAENT DIVISION WHEN THE CITY SEAL HAS"13EEN REMOVED. RECEIPT ACKNOWLEDGED.SYOR, AILEDTO , _ DATE PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (OATE INSPECTED) OFFICER ID # 0309 Tss Citation No: 12011 -0564A Date: 0 610 912 011 Account Nc: 12011 -0564 Name of Oviner or Business: MORNINGSIDE RECOVERY, LLO 3421 VIA OPORTO,SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 05/27/2011 revealed a violations) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION.IS NOW PENDING AND YOU MAY BE CITED EACH. DAY.THE VIOLATION CONTINUES, ,OTHER ENFORCEMENT:AGTION'ANDTENALTIES MAY ALSO RESULT IF COMPLIMIq -ei5 NOT ACHIEVED,OR IF YOU CONTINUE`T0 3rd citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS:VIOLATION(S) WAS'ORIGINALLY BROUGHT TO YOUR ATTENTION ON - ' ,'AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONS) REQUIRED - 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500(H) TO STOP, PARK, OR LEAVE STANDING ANY VEHICLE WHETHER ATTENDED OR UNATTENDED ON THE ROADWAY SIDE OF ANY VEHICLE STOPPED, PARKED OR STANDING AT THE CURB OR EDGE OF A HIGHWAY. 2. AS REQUIRED BY OPERATIONAL CONDITION NO. 9 OF EXHIBIT 1 TO ZONING AGREEMENT NO. 2010 -001, MORNINGSIDE RECOVERY DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND/OR STOPPING AND WAITING TO LOAD RESIDENTS. RECEIPT ACKNOWLEDGED BY OR MAILED TO DATE PRINT NAME OF OFFICER z // e_ z CO's iGa -- '--- - - -- -. .. SIGNATURE OF OFFICER "~�✓� �"� VIOLATION(S) CLEARED AS OF , (DATE INSPECTED) OFFICER ID # 0309 4S4 NOTICE OF ADMINISTRATIVE CITATION \: 1? CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 -644 -3215 Citation No: 12011 -0564A Date: 0 610 912 011 Account Nc: 12011 -0564 Name of Oviner or Business: MORNINGSIDE RECOVERY, LLO 3421 VIA OPORTO,SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 05/27/2011 revealed a violations) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION.IS NOW PENDING AND YOU MAY BE CITED EACH. DAY.THE VIOLATION CONTINUES, ,OTHER ENFORCEMENT:AGTION'ANDTENALTIES MAY ALSO RESULT IF COMPLIMIq -ei5 NOT ACHIEVED,OR IF YOU CONTINUE`T0 3rd citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS:VIOLATION(S) WAS'ORIGINALLY BROUGHT TO YOUR ATTENTION ON - ' ,'AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONS) REQUIRED - 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500(H) TO STOP, PARK, OR LEAVE STANDING ANY VEHICLE WHETHER ATTENDED OR UNATTENDED ON THE ROADWAY SIDE OF ANY VEHICLE STOPPED, PARKED OR STANDING AT THE CURB OR EDGE OF A HIGHWAY. 2. AS REQUIRED BY OPERATIONAL CONDITION NO. 9 OF EXHIBIT 1 TO ZONING AGREEMENT NO. 2010 -001, MORNINGSIDE RECOVERY DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND/OR STOPPING AND WAITING TO LOAD RESIDENTS. RECEIPT ACKNOWLEDGED BY OR MAILED TO DATE PRINT NAME OF OFFICER z // e_ z CO's iGa -- '--- - - -- -. .. SIGNATURE OF OFFICER "~�✓� �"� VIOLATION(S) CLEARED AS OF , (DATE INSPECTED) OFFICER ID # 0309 4S4 111 {j NOTICE OF ADMINISTRATIVE CITATION u CITY OF NEWPORT BEACH Community Development De artment Y: Code Enforcement Division 3300 Newport Blvd, Newport Beach, CA 92663 949 - 644.3215 Citation No: 12011.0644A Date: 06!06[20 1 Account No: 12011 -0544 Name of Owner or Business: MORNINGSIDE RECOVERY LLC 3421 VIA OPORTO, # 200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 05/24/2011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL'CITATION IS NOW:PE-NDING AND YOU MAYfBE -CITED EACH DAY THE .VIOLATION;CONTINUES..�GTNER, ENFORCEMENT, ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF :.YOU CONTINUE TO IGNORE THIS CITATION. ;. 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOURIATTENTION ON ;'AND YOU HAV E NOT CORRECTED OR RESOLVED THE VIOLATIONS) NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONISI REQUIRED - 1, AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY AFTER 5:00 P,M. • jr ' RECEIPT ACKNOWLEDGED BY OR,M,AyILE,}{].,.TO.! >,�- DATE PRINT NAME OF OFFICER rte% __�r'��,._ —_ ...... ........_._...__............... �__— Y SIGNATURE OF OFFICER VIOLA I ION(S) CLEARED AS OF . (DA'Z'E. INSPECTED) OFFICER ID # 0309 -4'35 V, tl Ole ' NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department ' Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 - 644 -3215 Citation No: 12011-0557B Date: 06107!2011 Account No: 12011.0557 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92063 An inspection of premises located at 29 IMA LOA CT NB in the City of Newport Beach, on 0 610 712 0 1 1 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT; LEVEL CITATION 18 NOW PENDINO -AND YOU MAY BE: CITED EACH DAY THE VIOLATION CONTINUES. - OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT - ACHIEVED.OR, IF YOU CdNTINUE -TO IGNORE THIS CITATION. 1st Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH Tkil5- VIOLATIONS) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON - -- -; AND YOU HAVE NOT - CORRECTED OR RESOLVED THE VIOLATION(S) -- : -. -- - - - - - - _ =- NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.60.0201, VIOLATION OF ANY PROVISION OF THE NEWPORT BEACH MUNICIPAL CODE 2: 20.62.0208 NOTICE OF PUBLIC HEARINGS CORRECTION) REQUIRED - 1. AS REQUIRED BY NBMC SECTION 20.62.020(B) (3,C), "THE PROJECT APPLICANT SHALL BE RESPONSIBLE FOR MAINTAINING THE SIGN(S) IN A SATISFACTORY CONDITION." 2. THE PUBLIC HEARING NOTICES FOR THE MORNINGSIDE RECOVERY PERIODIC COMPLIANCE REVIEW AT THE CITY COUNCIL MEETING ON JUNE 14, 2011 MUST BE POSTED ON OR NEAR THE PROPERTY (29 IMA LOA COURT) BY 12:00 P.M. ON JUNE 8, 2011. 3. NOTIFY THE CODE ENFORCEMENT DIVISION WHEN THE NOTICES HAVE BEEN POSTED, 4. FAILURE TO COMPLY WITH THIS NOTICE WILL RESULT IN FURTHER ENFORCEMENT ACTION. RECEIPT ACKNOWLEDGED BY OR MAILED TO 6110111 DATE � PRINT NAME OF OFFICER SIGNATURE OF OFFICER! VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 TSO �� 15 I pal NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH v Community Development Department If Code Enforcement Division 3300 Newport Blvd, Newport Beach, CA 92663 949.644 -3215 Citation No: 12091.05566 Date: 06/07/2011 Account No: 12011 -0556 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOUD NB in the City of Newport Beach, on 0 610 7/2 011 revealed a violation(s) of the Newport Beach Municipal code. . . SHE NEXT., LEVEL CITATION 15 NOW PENDING :AND YOU MAY BE CITED EACH DAY THE.VIOCATION :CONTINUE . S:, OTHER. ENFORCEMENT.ACTION AND PENALTIES MAY:ALSO RESULT IF COMPLIANCE IS NOT-- ACHIEVED OR IF,YOU CONTINUE TO'.. IGNORE THIS CITATION:' 1st Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY. BROUGHT TO YOUR ATTENTION 00 ANO YOU'HAVE NOT. CORRECTED OR RESOLVED THE VIOLATION(5).: -..: NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: 20.62.020B NOTICE OF PUBLIC HEARINGS 2: MC 10.60.0201, VIOLATION OF ANY PROVISION OF THE NEWPORT BEACH MUNICIPAL CODE CORRECTION(S) REQUIRED - 1. AS REQUIRED BY NBMC SECTION 20.62.020(6) (3,C), "THE PROJECT APPLICANT SHALL BE RESPONSIBLE FOR MAINTAINING THE SIGN(S) IN A SATISFACTORY CONDITION." 2. THE PUBLIC HEARING NOTICES FOR THE MORNINGSIDE RECOVERY PERIODIC COMPLIANCE REVIEW AT THE CITY COUNCIL MEETING ON JUNE 14, 2011 MUST BE POSTED ON OR NEAR THE PROPERTY (533 VIA LIDO SOLID) BY 12 :00 P.M. ON JUNE 8, 2011. 3. NOTIFY THE CODE ENFORCEMENT DIVISION WHEN THE NOTICES HAVE BEEN POSTED. 4. FAILURE TO COMPLY WITH THIS NOTICE WILL RESULT IN FURTHER ENFORCEMENT ACTION, RECEIPT ACKNOWLEDGED BY OR MAILED TO %/9 Sit - DATE ._ �I_..... �L. 11.._.. _— ............................. PRINT NAME OF OFFICER SIGNATURE. OF OFFICER VIOLATION(S) CLEARED AS OF „_,.,.,.,,, _ (DATE INSPECTED) OFFICER ID 11 0309 -437 esyp'Sr, kLt NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH of kS Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 -644 -3215 Citation No: 12011.0542A Date: 00, /$ 06/2011 Account No: 12011.0542 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 100 VIA ANTIBES NB in the City of Newport Beach, on 0 512 912 011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT. LEVEL CITATIOWIS;NOW PENDING AND YOU MAY RE:CITE0., EACH DAY THE VJO 'R0N CONTINUE$ OTHER ENFORCEMENT'AcTiON AND,PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OI IF.Y_O0 CONTINUE T.O IGNORE THIS C' ITATION. . 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS; ORIGINALLY .BRDUGHT:70. YOUR ATTENTION ON SAND YOU HAVE!NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONS) REQUIRED - 1. IT IS A VIOLATION OF NEWPORT BEACH MUNICIPAL CODE SECTION 12.46.040 TO STOP, STAND, OR PARK A VEHICLE AT ANY TIME IN A RED CURB ZONE EXCEPT AS PERMITTED BY THE CALIFORNIA VEHICLE CODE. 2. AS REQUIRED BY OPERATIONAL CONDITION NO. 9 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, MSR CLIENT DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. RECEIPT ACKNOWLEDGED BY OR MAILED TO DATE PRINT NAME OF OFFICER '�'� /r1 SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER 10 # 0309 442 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2011 -57 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th day of June, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of June, 2011. "� Q - 4�- City Clerk Newport Beach, California (Seal) 439 G'LS� City Council Attachment E June 15, 2011, Written Notice to Morningside G �� Ran COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949)644 -3200 Fax:(949)644 -3229 www. newportbeac hca.go< Via Certified Mail — Return Receipt, Standard USPS, and Electronic Mail June 15. 2011 Morningside Recovery, LLC Attention: David Gates, Chief Operating Officer 3404 A Via Lido Newport Beach, CA 92663 Re: Morningside Recovery, LLC — Written Notice of Failure to Comply with Terms of Zoning Agreement and Steps to Achieve Compliance (PA2011 -107) Dear Mr. Gates: On June 14, 2010, at a noticed public hearing, the City Council of the City of Newport Beach determined that Morningside Recovery, LLC (Morningside) has not complied in good faith with its obligations pursuant to the Zoning Agreement. Pursuant to Part III, Section 0.1, subsection b, of the Zoning Agreement, this letter shall serve to provide Morningside with written notice, specifying the manner in which Morningside has failed to comply with the terms and Operational Conditions of the Zoning Agreement. This written notice shall also specify the steps Morningside must take within 30 days from the mailing of this written notice to bring itself into compliance. The attached table (Attachment A) reflects the terms and Operational Conditions of the Zoning Agreement with which Morningside has failed to comply. The staff report prepared for the June 14, 2011, City Council hearing on this matter also details Morningside's violations of the Operational Conditions of the Zoning Agreement. The staff report can be viewed on the City website at the following link: http:// newportbeach. granicus .com /GeneratedAgendaViewer.phP ?view id =26 &event id =59 The following provides the steps Morningside must take to bring itself into compliance with the terms and Operational Conditions of the Zoning Agreement: In order for Morningside to bring itself into compliance with Operational Condition No. 13 (Route Plans) of the Zoning Agreement, Morningside shall prepare updated 443 Morningside Recovery, LLC Written Notice of Failure to Comply Page 2 Route Plans for the transport of its staff, residents, clients and customers, and submit said Route Plans to the Community Development Department/Planning Division within five business days of the mailing of this written notice. The updated Route Plans shall be incorporated into the Zoning Agreement as Exhibit 5 (Amended). After submission of the amended Route Plans, Morningside and its staff, residents, clients, and customers shall immediately demonstrate, achieve, maintain and continually comply with Operational Condition No. 13 for the term of the Zoning Agreement. 2. In order for Morningside to bring itself into compliance with Operational Condition No. 14 (Deliveries) of the Zoning Agreement, Morningside shall, within five business days of the mailing of this written notice, take corrective action to train and inform its staff, and make operational changes as necessary to effectively comply with the requirements of Operational Condition No. 14. Operation Condition No. 14 provides that "staff members in their private vehicles may deliver business products and other packages and goods to the facility during weekdays between the hours of 9:00 a.m. and 5:00 p.m." Under Condition No. 14, staff and contractors may not deliver business products, or any other packages or goods, to Morningside's residential facilities after 5:00 p.m. or before 9:00 a.m. The term "business products" includes but is not limited to Momingside records or correspondence, drug testing equipment, and other physical items and materials related to the services and supervision Morningside provides its resident clients. Such items shall be delivered during weekdays only between 9:00 a.m. and 5:00 p.m. Morningside staffs delivery of resident mail and other tangible items collected at Momingside's administrative office location shall also be accomplished during established delivery hours. Morningside shall notify the City within five business days of the mailing of this written notice of the corrective action(s) taken to achieve full compliance with Operational Condition No. 14. Morningside and its staff shall immediately demonstrate, achieve, maintain and continually comply with Operational Condition No. 14 for the term of the Zoning Agreement. 3. In order for Morningside to bring itself into compliance with Operational Condition No. 15 (Hotline) of the Zoning Agreement, Morningside shall, within five business days of the mailing of this written notice, provide public notice of the hotline or email address it shall establish for receiving inquiries or complaints in reference to operation of its facilities. If Morningside chooses not to establish a hotline number, it shall provide area residents with a contact name, phone number and email address for this purpose. Providing this information to City staff, while required, does not fully satisfy the requirements of this condition. The information shall be made publicly available through Morningside's website, or such other publicly ►ice Morningside Recovery, LLC Written Notice of Failure to Comply Page 3 available means Morningside chooses to accomplish the intent of this condition. Within five business days from the mailing of this written notice, Morningside shall inform the Community Development Department/Planning Division of the means it has selected to comply with this condition. 4. In order for Morningside to bring itself into compliance with all other terms and Operational Conditions of the Zoning Agreement, Morningside shall immediately upon receipt of this written notice demonstrate, achieve, maintain and continually comply with all terms and Operational Conditions of the agreement for the term of the Zoning Agreement. If Morningside does not commence efforts to achieve full compliance within 30 days from the mailing of this written notice, diligently pursue steps that achieve full compliance, and maintain compliance, then Morningside shall be in default under the terms of the Zoning Agreement. 5. After five business days from the mailing of this written notice, should Morningside demonstrate a significant pattern of violations of any of the terms or Operational Conditions of the Zoning Agreement at any time during the term of the agreement, Morningside shall be in default under the terms of the Zoning Agreement. A significant pattern of violations includes, but is not limited to, repeated violations of the same Operational Condition, or repeated violations of Operational Conditions at the same facility address. Pursuant to Part III, Section 0.1, subsection b, of the Zoning Agreement, the City may seek remedies available in the Zoning Agreement, and California Government Code Section 65865.1. As stated in the Zoning Agreement, each party to the agreement covenants to take all reasonable actions that may be necessary to achieve the purposes and objectives of the agreement. To this end, the cooperation of Morningside to demonstrate, achieve, maintain and continually comply with the terms and Operational Conditions of the Zoning Agreement is essential. Sincerely, Kimberly Brandt, Al P Community Develo ment Director Attachment A cc: M. Beatificato D. Kiff, City Manager D. Hunt, City Attorney C. Wolcott, Deputy City Attorney M. Cosylion, Code Enforcement Supervisor J. Brown, Associate Planner rsl � ATTACHMENT A Notices of Violation or Administrative Citation Issued to Morningside Recovery, LLC 9 -28 -10 to 6 -10 -11 Number of Violations or Admin. Citations and Location of Occurance Term or Operational Condition of Zoning Agreement ZA 1 Notice of Violation Part III, Section N of ZA — Periodic Review of Compliance. Re: General Operational Morningside shall submit a Compliance Review Report on or before Matter March 31 ", June 30th, September 301h and December 31st of each ear. 1 Notice of Violation Condition No. 1: Occupancy Level. Occupancy levels limited to Re: General Operational no more than 36 clients citywide, with no more than 30 clients within Matter the Peninsula Zone. 2 Notices of Violation Condition No. 6: Trash and Trash Enclosures. Operator shall 4823 River Avenue comply with City code provisions related to disposal of trash and maintenance of trash receptacles or enclosures. 2 Notices of Violation Condition No. 7: Smoking and Tobacco Products. Secondhand 1 @ 4823 River Avenue smoke may not be detected off -site. Operator shall prohibit littering 1 @ 533 Via Lido Soud of cigarette butts. 1 Administrative Citation 4823 River Avenue 4 Notices of Violation Condition No. 8: Parking. Garages and other parking spaces at 2 @ 4823 River Avenue facilities shall be clear, unobstructed and available for parking by 1 @ 29 Ima Loa Court staff, visitors and transport vans at all times. Clients are not 1 ft 102 Via Antibes permitted to have personal vehicles. 4 Notices of Violation Condition No. 9: Client Transport Transport van drivers are 2 @ 533 Via Lido Soud required to respect all City rules regarding parking and/or stopping. 1 @ 4823 River Ave Loading and unloading of passengers shall occur only in open 1 related to General parking spaces or garage spaces. Operational Matters 5 Administrative Citations 2 @ 533 Via Lido Soud 2 @ 4823 River Avenue 1 @ 100 -102 Via Antibes 2 Notices of Violation Condition No. 12: Quiet Hours. Quiet Hours of 9:00 p.m. to 8:00 533 Via Lido Soud a.m. shall be observed and enforced, and noise (including music, 2 Administrative Citations television, and voices) shall not be audible beyond the perimeter of 1 @ 533 Via Lido Soud the facility. 1 ft 100 Via Antibes 1 Notice of Violation Condition No. 13: Route Plans. Operator shall adhere to Route Related to General Plans (Exhibit 5 of Zoning Agreement) for transport of its staff and Operational Matters resident clients. 1 Notice of Violation Condition No. 14: Deliveries. Deliveries are limited to weekdays 533 Via Lido Soud between 9:00 a.m. and 5:00 p.m. 2 Administrative Citations 533 Via Lido Soud 1 Notice of Violation Condition No. 22: Federal, State and Local Laws. Operator shall Violation of MC 1.016.050 comply with all federal, state and local laws. (use of City seal) 4 Administrative Citations 440 Notices of Violation or Administrative Citation Issued to Morningside Recovery, LLC 9 -28 -10 to 6 -10 -11 1 for Violation of MC 1. 16.050 (use of City seal) 1 @ 4823 River Avenue re: illegal parking of vehicles (violation of MC 20.040.090) 1 @ 533 Via Lido Soud (violation of MC 20.62.020) 1 @ Ima Loa Court (violation of MC 20.62.020) Total Number of Notices Notices of Violation: 19 Issued: I Notices of Administrative Citation: 14 447 442 City Council Attachment F Correspondence from Morningside Legal Counsel dated June 23, 2011 44j 450 BEATIFICATO & ASSOCIATES, APC attorneys at law 28562 Oso Parkway, Suite D424, Rancho Santa Margarita, CA 92688 Tel: (949) 585 -0483 Fax: (949) 585 -0480 June 23, 2011 Kimberly Brandt Community Development Department 3300 Newport Boulevard, Building C Newport Beach, California 92663 Re: Response to Letter from City, Dated June 15, 2011 Dear Ms. Brandt: I am in receipt of your letter, dated June 15, 2011 in which you notify Morningside Recovery of its alleged failure to comply with the terms and Operational Conditions of the Zoning Agreement as well as what steps it must take to bring itself into compliance. Hereinafter follows Morningside Recovery's response to said letter. Operational Condition No. 13: Operational Condition No. 13 provides: Route Plans: Operator shall adhere to the Route Plans for transport of its staff, residents, clients and customers. The Route Plans for all Morningside facilities are attached hereto as Exhibit S. Short -term interruptions, such as medical emergencies or street maintenance beyond Operator's control, are allowable modifications to the Route Plans. Pursuant to the above, Morningside's only obligation with respect to Exhibit 5 is to utilize the designated routes. Contrary to your assertion, there is no requirement that Morningside amend its Route Plan or agree to make any amendment part of the Zoning Agreement. Notwithstanding the above, Morningside agrees that Exhibit 5 to the Zoning Agreement does not accurately depict the properties currently being utilized by Morningside. Specifically, Exhibit 5 depicts a travel route for Morningside's former x-51 Re: Morningside Recovery, LLC June 23, 2011 Page 2 of 5 391h Street property and does not depict access to the 533 Via Lido Soud property. As such, Morningside has voluntarily revised Exhibit 5 to include only those properties currently being utilized by it. 1 will be forwarding a copy of the Route Plan to you under separate cover. To the extent that the City wishes to incorporate the amended Exhibit 5 into the Zoning Agreement, Morningside would agree, provided that additional language is included to clarify that the Route Plan applies to properties currently being utilized by Morningside and that the additional language be included in the Zoning Agreement which would provide for a procedure for amending the Route Plan in the future should the location of Morningside's facilities change. In this regard, ► would request that you draft language proposed language and forward it to me for my review. If the language is acceptable, my Client will agree to make the amended Route Plan part of the Zoning Agreement. With respect to your request that Morningside "demonstrate, achieve, maintain and continually comply with Operational Condition No. 13," be advised that, effective June 20, 2011, Morningside has implemented a written policy communicating the required use of Exhibit 5 (amended). Said policy not only instructs staff of the need to follow the designated Route Plan, but provides for consequences, including termination, in the event of a staff member's failure to comply. We hope and trust that this revised policy will ensure compliance with Condition No. 13 and that no further citations and /or administrative citations will be necessary. Operational Condition No. 14: You have informed Morningside that they are in violation of Condition No. 14 of the Zoning Agreement and have requested that Morningside "take corrective action to train and inform its staff, and make operational changes as necessary to effectively comply with the requirements of Condition No. 14. Condition No. 14 provides: Deliveries. Staff members in their private vehicles may deliver business products and other packages and goods to the facility during weekdays between the hours of 9:00 a.m. and 5:00 p.m. While Condition No. 14 provides no specific definition for the phrase, "business products and other packages and goods," you assert that "business products" includes "records or correspondence, drug testing equipment, and other physical items and materials related to the services and supervision Morningside provides its resident clients." While I understand that you would like Condition No. 14 to 452. Re: Morningside Recovery, LLC June 23, 2011 Page 3 of 5 prohibit the delivery of all of the above, it simply does not. Further, California law provides that the common or usual meaning will be ascribed to words used in a contract unless the context or the circumstances indicate a special meaning should be attached to them. Reliance Life Ins. Co. of Pittsburgh v. Jaffe (1953) 121 Cal.App.2d 241; Achen v. Pepsi -Cola Bottling Co. of Los Angeles (1951) 105 Cal.App.2d 113. Here, "business product" in the ordinary sense of the word refers to something, which is produced by the labor or effort of the business. Thus, contrary to your assertion, the phrase "business product' would not include mail and other tangible items collected at Morningside's administrative office location. With respect to your request that Morningside "demonstrate, achieve, maintain and continually comply with Operational Condition No. 14;' be advised that, effective June 20, 2011, Morningside has implemented a written policy communicating the prohibition against certain deliveries outside of the permitted hours. Said policy not only instructs staff not to make restricted deliveries outside of the allotted hours, but provides for consequences, including termination, in the event of a staff member's failure to comply. We hope and trust that this revised policy will ensure compliance with Condition No. 14 and that no further citations and /or administrative citations will be necessary. Operational Condition No. 15: You have informed Morningside that they are in violation of Condition No. 15 of the Zoning Agreement and have requested that Morningside "provide public notice of the hotline or email address it shall establish for receiving inquiries or complaints in reference to operation of its facilities. If Morningside choose not to establish a hotline number, it shall provide area residents with a contact name, phone number and email address for this purpose." Condition No. 15 provides: Hotline. Operator shall establish, provide public notice of and operate a hotline for receiving inquiries and /or complaints in reference to its operation of its facility. The phone number need not be staffed 24 hours a day seven days a week, but callers should be responded to within the next 24 -hour period. Alternatively, the Operator shall provide area residents and the City with a contact name, phone number, and email address that is available 24 hours a day, seven days each week. This contact shall be available to assist residents and the City with any problems or concerns arising from the facility. E -mails or messages left for the Operator's designated contact shall be returned promptly within a 24 -hour period from receipt. 45S Re: Morningside Recovery, LLC June 23, 2011 Page 4 of 5 As previously advised, Morningside has designated Brian Burke as the individual that area residents and /or the City may contact with problems and /or concerns arising from the facility. Mr. Burke's contact information is as follows: Brian Burke Morningside Recovery, LLC Tel: (949) 675 -0006 Email Address: brian @morningsiderecovery.com While you have requested that Morningside make this information "publicly available through Morningside's website, or such other publicly available means it chooses," there is no requirement that Morningside do so. Rather, Condition No. 15 only requires Morningside make this information available to area residents. As previously advised, Morningside has and continues to provide this information to anyone who asks, including members of the public. In addition, this information was announced to the public at the City Council meeting on June 14th. Notwithstanding the above, Morningside has also voluntarily chose to publish this information in the Daily Pilot, a newspaper in high circulation in Newport Beach. This information will run in the newspaper on June 25th, June 28th and June 30th. Based upon the above, I hope and trust that you will agree that Morningside has complied with Condition No. 15 and that no further violations and /or administrative citations will be necessary. Other Terms and Conditions: The City's Staff Report for the June 14, 2011 hearing alleges violations of other terms and conditions of the Zoning Agreement including Condition No.'s 1, 6, 7, 8, 9, 12, and 22, as well as Morningside's failure to submit its Compliance Review Reports within the required time frame. With respect to all Operational Conditions, Morningside has implemented written policies notifying staff and residents of the Operational Conditions in the Zoning Agreement. In addition, we have posted copies of these written policies at every residential facility reminding staff and Clients of these rules. Further, we are currently in the process of having every staff member and Client read, sign and keep a copy of this policy. Further, the written policy informs Clients and staff of the consequences of their failure to comply with these Conditions, including written reprimands, transfer to a facility outside the City and termination of employment. Accordingly, l hope and trust that Morningside is now in compliance with all terms and Operational Conditions of the Zoning 4154 Re: Morningside Recovery, LLC June 23, 2011 Page 5 of 5 Agreement and that no further violations and /or administrative citations will be necessary. With respect to submittal of Morningside's Compliance Review Reports, I will be personally overseeing the preparation and submission of these reports. I have calendared the applicable due dates and will ensure that these Reports are submitted within the required time period. Accordingly, I hope and trust that no further violations and /or administrative citations will be necessary. Over the next weeks' time, Morningside will conduct meetings with staff and Clients to advise them of the implementation of the above written policies and the consequences for their failure to comply. As such, I am confident that the City will be unable to demonstrate any "significant pattern of violations of any of the terms or Operational Conditions of the Zoning Agreement" going forward. However, if you should have any continuing concerns over Morningside's compliance with the Zoning Agreement, I would ask that you direct these to my attention. Morningside is committed to continuing its operations in the City of Newport Beach and with having the parties continue to abide by the terms of the Zoning Agreement. Thus, we will continue to look for ways to better our relationship with the City of Newport Beach and its residents. Sincerely, BEATIFICATO & ASSOCIATES, APC MARqHfEATIFIC4A MHB /hs Enclosures: As stated Cc: Morningside Recovery, LLC - (via email only) Ronald Talmo, Esq. - (via email only) D. Kiff, City Manager - (via email only) D. Hunt, City Attorney - (via email only) C. Wolcott, Deputy City Attorney - (via email only) M. Cosylion, Code Enforcement Supervisor - (via email only) J. Brown, Associate Planner - (via email only) 41515 450 City Council Attachment G Morningside Written Policy re: Condition No. 13 457 452 C Morningside Morninsside Recovery Driver's Policy I, understand that, as an individual tasked with the responsibility of transporting Clients and /or staff to and from Morningside facilities, I am responsible for complying with federal, state and local laws, as well as conditions imposed upon Morningside by the City of Newport Beach. I acknowledge having been given a copy of the Operational Conditions (a copy of which is attached hereto as Exhibit "1 ") imposed by the City. I understand if I fail to comply with any of federal, state and local laws and /or the attached Operational Conditions, I may be reprimanded and /or disciplined. I further understand that I must follow a designated Route Plan when operating any of Morningside's vehicles and /or transporting Clients within the City of Newport Beach. A true and correct copy of the Route Plan currently in effect is attached hereto as Exhibit "2 ". 1 have read the attached Route Plan and fully understand the streets and /or routes that I must utilize while transporting Clients and /or staff. I further understand that deviations from the Route plan is only permitted in situations where medical emergencies and /or street maintenance beyond my control make it impossible to comply with designated Route Plan. Initials I further understand that I must comply with all applicable federal, state and local laws, as well as the attached Operational Conditions regarding parking and /or the operation of motor vehicles. Such regulations include but are not limited to the following: The loading and unloading of Clients and /or staff shall occur only in open parking spaces and /or garage spaces; Drivers are not permitted to stop or double park in any traffic lane; The loading and unloading of Clients in Lido Village shall only occur in designated parking spots; Transport vehicles may not block adjacent drive -ways, alleys, or street ends; Drivers shall not leave vehicles in reverse gear, if reverse gear has an audible back -up warning sound; Drivers shall speak to Clients at sound levels (1) respective of neighborhood peace, (2) cognizant of the hour of the day, and (3) in a manner which avoids waking up neighbors; Drivers who park in a loading zone may not allow the back of the van to fall within a red zone; There shall be no delivery of business products and other packages and goods at any time other than Monday thru Friday from 9:00 a.m. to 5:00 p.m.; Drivers shall not allow parked vehicles to be more than 18" away from the curb; Drivers shall not allow vehicles parked in a driveway to block any part of a sidewalk; Drivers shall not make illegal U -turns and /or unsafe maneuvers; Drivers shall come to a full and complete stop at all stop signs; Drivers shall observe and comply with applicable speed limits, at all times. Initials I further understand that the lead driver for my shift will be responsible for providing me with a copy of the Drive Schedule for each day. I agree to follow this schedule at all times. If for any reason, I do not receive a Drive 45J Schedule, need to make changes to the Drive Schedule, and /or will be late for a pick up /drop off, I understand that I am required to contact my supervisor for further instruction. initials I further understand that it is my responsibility to get Clients in /out of the vans as quickly and as safely as possible and to make sure that they do not loiter in front of any Morningside facility and /or office. Initials I have read, understood, and have been provided with a copy of the Morningside Smoking Policy. I agree to enforce it at all times. Initials I further understand that when transporting Clients to and /or from the Anaheim /Orange facility, I must call ahead to notify the Morningside staff. _ Initials I further understand that I cannot allow any Client whom I transport to the Anaheim /Orange facility, to loiter outside the facility. Further, if the Client I am transporting does not live at the Orange /Anaheim facility, I understand that I am responsible for supervising said Client until such time as they are returned to Morningside or their facility of residence. initials I further understand that if I am transporting a Client to the Anaheim /Orange facility for a ILIA, breathalyzer, or to be searched, I must ensure that the Client remain in the nurses' office and under my supervision, at all times. Initials I further understand that if I assist in relocating a Client from one Morningside facility to another, I need to first take them grocery shopping. If I am unable to do this before the end of my shift, I understand that I must notify the driver who relieves me, of this fact. initials I understand that once a Client returns from utilizing a weekend pass, he /she needs to be taken straight to the Anaheim /Orange facility for UA, before returning to their residential facility. Initials I acknowledge having read the Morningside Driver's Policy and understand the responsibilities and obligations imposed upon me. I understand and agree that any deviation from these responsibilities may result in a written reprimand and /or me being disciplined. I also understand and agree that multiple reprimands may lead to termination of my employment. Date: Date: Staff Name (Print) Staff Signature Supervisor Name (Print) Supervisor Signature 400 Exhibit 2 4 0- 402 City Council Attachment H Morningside Written Policy re: Condition No. 14 40S 404 C Morningside Morninsside Recovery Driver's Policy I, understand that, as an individual tasked with the responsibility of transporting Clients and /or staff to and from Morningside facilities, I am responsible for complying with federal, state and local laws, as well as conditions imposed upon Morningside by the City of Newport Beach. I acknowledge having been given a copy of the Operational Conditions (a copy of which is attached hereto as Exhibit "1 ") imposed by the City. I understand if I fail to comply with any of federal, state and local laws and /or the attached Operational Conditions, I may be reprimanded and /or disciplined. I further understand that I must follow a designated Route Plan when operating any of Morningside's vehicles and /or transporting Clients within the City of Newport Beach. A true and correct copy of the Route Plan currently in effect is attached hereto as Exhibit "2 ". 1 have read the attached Route Plan and fully understand the streets and /or routes that I must utilize while transporting Clients and /or staff. I further understand that deviations from the Route plan is only permitted in situations where medical emergencies and /or street maintenance beyond my control make it impossible to comply with designated Route Plan. Initials I further understand that I must comply with all applicable federal, state and local laws, as well as the attached Operational Conditions regarding parking and /or the operation of motor vehicles. Such regulations include but are not limited to the following: The loading and unloading of Clients and /or staff shall occur only in open parking spaces and /or garage spaces; Drivers are not permitted to stop or double park in any traffic lane; The loading and unloading of Clients in Lido Village shall only occur in designated parking spots; Transport vehicles may not block adjacent drive -ways, alleys, or street ends; Drivers shall not leave vehicles in reverse gear, if reverse gear has an audible back -up warning sound; Drivers shall speak to Clients at sound levels (1) respective of neighborhood peace, (2) cognizant of the hour of the day, and (3) in a manner which avoids waking up neighbors; Drivers who park in a loading zone may not allow the back of the van to fall within a red zone; There shall be no delivery of business products and other packages and goods at any time other than Monday thru Friday from 9:00 a.m. to 5:00 p.m.; Drivers shall not allow parked vehicles to be more than 18" away from the curb; Drivers shall not allow vehicles parked in a driveway to block any part of a sidewalk; Drivers shall not make illegal U -turns and /or unsafe maneuvers; Drivers shall come to a full and complete stop at all stop signs; Drivers shall observe and comply with applicable speed limits, at all times. Initials I further understand that the lead driver for my shift will be responsible for providing me with a copy of the Drive Schedule for each day. I agree to follow this schedule at all times. If for any reason, I do not receive a Drive 405 Schedule, need to make changes to the Drive Schedule, and /or will be late for a pick up /drop off, I understand that I am required to contact my supervisor for further instruction. initials I further understand that it is my responsibility to get Clients in /out of the vans as quickly and as safely as possible and to make sure that they do not loiter in front of any Morningside facility and /or office. Initials I have read, understood, and have been provided with a copy of the Morningside Smoking Policy. I agree to enforce it at all times. Initials I further understand that when transporting Clients to and /or from the Anaheim /Orange facility, I must call ahead to notify the Morningside staff. _ Initials I further understand that I cannot allow any Client whom I transport to the Anaheim /Orange facility, to loiter outside the facility. Further, if the Client I am transporting does not live at the Orange /Anaheim facility, I understand that I am responsible for supervising said Client until such time as they are returned to Morningside or their facility of residence. initials I further understand that if I am transporting a Client to the Anaheim /Orange facility for a ILIA, breathalyzer, or to be searched, I must ensure that the Client remain in the nurses' office and under my supervision, at all times. Initials I further understand that if I assist in relocating a Client from one Morningside facility to another, I need to first take them grocery shopping. If I am unable to do this before the end of my shift, I understand that I must notify the driver who relieves me, of this fact. initials I understand that once a Client returns from utilizing a weekend pass, he /she needs to be taken straight to the Anaheim /Orange facility for UA, before returning to their residential facility. Initials I acknowledge having read the Morningside Driver's Policy and understand the responsibilities and obligations imposed upon me. I understand and agree that any deviation from these responsibilities may result in a written reprimand and /or me being disciplined. I also understand and agree that multiple reprimands may lead to termination of my employment. Date: Date: Staff Name (Print) Staff Signature Supervisor Name (Print) Supervisor Signature 400 City Council Attachment I Morningside Advertisement re: Condition No. 15 407 402 Morningside RK WKRY For information about the services we provide, visit our website at: Change... Learn it. Feel it. Live it. For any questions, comments or concerns regarding our company, please contact: Brian Burke (949) 675 -0006 brian@morningsiderecovery.com 4 Oj 470 City Council Attachment J Morningside Written Policies re: Operational Conditions of Zoning Agreement 471- 472 Client Name: Morningside Morningside Recovery Client Facility PolicV I understand and that all Clients must comply with curfew requirements, at all times. In the event that I violates curfew, I will be transported to the Anaheim /Orange facility for a UA. initials I understand that any Clients who cannot and /or refuse to give a UA must go to the Anaheim /Orange facility until he /she gives a UA. Initials I understand that Clients may not visit any facilities that they are not living in. initials I understand that Clients are not allowed in vehicles belonging to and /or operated by other Clients. Initials I understand that all medications are stored in a designated secure location. I will only have access to my medication when taking them under staff supervision. _initials I understand that routine bed checks will take place throughout the night. Initials I have read, understand, and have been provided with a copy of the Morningside Client Smoking Policy and agree to enforce it at all times. initials I understand and agree to comply with the rules and regulations set forth herein, including the following: All trash cans placed out for pick up shall have lids and shall be placed out for pick -up between the hours of 7:00 p.m. and 8:00 p.m. on the evening before the designated day for trash collection. All trash cans shall be taken back inside the facility by 6:00 p.m. on the designated day of trash collection; No lewd behavior, lewd speech, and /or profanity shall be permitted at the facility; Quiet hours are required to be observed during the hours of 9:OOp.m. and 8:00 a.m. daily. Quiet means that noise, including music, television, and voices may not be audible beyond the perimeter of the facility, except in an emergency. 473 I acknowledge having read the Morningside Client Facility Policy and understand the responsibilities and obligations imposed upon me. I understand and agree that any deviation from these responsibilities may result in a write up. Multiple write ups may result in being sent to Anaheim /Orange for behavioral intervention. Date: Client Name (Print) Client Signature 474 cla� Morningside X' ' I'MO Morninaside Recovery Client Facility Policy • All Clients must comply with curfew requirements, at all times. In the event that I violates curfew, I will be transported to the Anaheim /Orange facility for a UA. • Any Clients who cannot and /or refuse to give a UA must go to the Anaheim /Orange facility until he /she gives a UA. • Clients may not visit any facilities that they are not living in. • Clients are not allowed in vehicles belonging to and /or operated by other Clients. • All medications are stored in a designated secure location. Clients will only have access to their medication when taking them under staff supervision. • Routine bed checks will take place throughout the night. • All trash cans placed out for pick up shall have lids and shall be placed out for pick -up between the hours of 7:00 p.m. and 8:00 p.m. on the evening before the designated day for trash collection. All trash cans shall be taken back inside the facility by 6:00 p.m. on the designated day of trash collection. • No lewd behavior, lewd speech, and /or profanity shall be permitted at the facility. • Quiet hours are required during the hours of 9:OOp.m. and 8:00 a.m. daily. Quiet means that noise, including music, television, and voices may not be audible beyond the perimeter of the facility, except in an emergency. 47,5 Cs Morningside RFU, Morningside Recovery Smoking Policy Staff is not allowed to smoke in front of Clients or with Clients while on duty and /or while on Morningside property. Clients are not allowed to smoke in the Lido Village area. Staff is permitted to smoke in the Lido Village area but only on the third floor of the parking structure. All cigarette butts must be discarded in cigarette receptacles only. Clients and staff are not permitted to discard cigarette butts on the ground. Smoking is permitted at residential facilities as provided below: - Women's Lido Facility (100 Via Antibes, 102 Via Antibes and 208 Via Lido Soud): Smoking is permitted only on the 2nd floor balcony - Men's Lido Facility (533 Via Lido Soud): Smoking is permitted only in the garage area. - Men's River Facility (4823 River Avenue): Smoking is permitted only on the decks. - Men's Crest Facility (29 Ima Loa Court): Smoking is permitted on the balcony and off -site, provided it is away from homes. However, only one person is permitted to smoke on the balcony, at a time. - Orange Facility (1775 -1777 Orange Avenue): Smoking is permitted in the backyard only. - Mesa Facility: Smoking is permitted in between the units, only. - Anaheim Facility (1769 Anaheim): Smoking is permitted only in the backyard. have read, understand and have been provided with a copy of the Morningside Smoking Policy, applicable to both staff and Clients. I understand and agree to follow and enforce these rules at all times. I understand that any violation of these rules will result in a written warning. Any Client who receives two (2) written warnings will be sent to detox for behavioral intervention. Any Morningside Staff member who violates these rules shall receive a written reprimand. Multiple reprimands may lead to termination of my employment. Further, I understand and agree that should the violation of the above rules result in the issuance of a violation and /or administrative citation to Morningside, I shall be personally responsible for the payment of any fines imposed. Date: Date: Staff Name (Print) Staff Signature Supervisor Name (Print) Supervisor Signature 470 Morningside Morningside Recovery Client Smoking Policy Clients are not allowed to smoke in the Lido Village area. All cigarette butts must be discarded in cigarette receptacles only. Smoking is permitted at residential facilities as provided below: - Women's Lido Facility (100 Via Antibes, 102 Via Antibes and 208 Via Lido Soud): Smoking is permitted only on the 2 °d floor balcony - Men's Lido Facility (533 Via Lido Soud): Smoking is permitted only in the garage area. - Men's River Facility (4823 River Avenue): Smoking is permitted only on the decks. - Men's Crest Facility (29 Ima Loa Court): Smoking is permitted on the balcony and off- site, provided it is away from homes. However, only one person is permitted to smoke on the balcony, at a time. - Orange Facility (1775 -1777 Orange Avenue): Smoking is permitted in the backyard only. - Mesa Facility (2558 Orange Avenue: Smoking is permitted in between the units, only. - Anaheim Facility (1769 Anaheim Avenue): Smoking is permitted only in the backyard. Any violation of these rules will result in a written warning. Any Client who receives two (2) written warnings will be sent to Anaheim /Orange for behavioral intervention. 477 Morningside `� KFCt tT.It1 Morningside Recovery House Manager Policy understand that, as an individual tasked with the responsibility of managing and supervising a Morningside facility, I am responsible for complying with the rules set forth herein, as well as conditions imposed upon Morningside by the City of Newport Beach. I acknowledge having been given a copy of the Operational Conditions (a copy of which is attached hereto as Exhibit "1 ") imposed by the City of Newport Beach. I further understand if I fail to comply with the rules and /or the attached Operational Conditions, I may be reprimanded and /or disciplined. Initials I , have read, understand and have signed the Morningside Residency Agreement and understand that all Clients must comply with curfew requirements, at all times. Further, I understand that in the event that a Client violates curfew, I must immediately contact the night -time supervisor and /or Community Director and the Client must be transported to the Anaheim /Orange facility for a UA. Initials I understand that any Clients who cannot and /or refuse to give a UA must go to the Anaheim /Orange facility until he /she gives a UA. Initials I understand that Clients who do not live in the facility under my care, may not visit Clients in my facility, at any time. Initials I understand that Clients are not allowed in vehicles belonging to and /or operated by other Clients. Initials I understand that I am responsible for watching Clients take their medication. I must watch each Client individually. I must keep all Client medication in the designated secure location. Clients may not have access to their medication, except when taking their medication under my supervision. Further, I may not discuss medication purposes and /or uses with any clients. Initials I understand that I must be physically present in the facility from 8:00 pm to 8:00 am, unless otherwise agreed upon. Initials I understand that I am responsible for conducting routine bed checks which must be conducted at random, 2 -3 times per week. Initials I have read, understand, and have been provided with a copy of the Morningside Smoking Policy and agree to enforce it at all times. Initials 478 I understand and agree to comply with the rules and regulations set forth herein, including the following: All trash cans placed out for pick up shall have lids and shall be placed out for pick -up between the hours of 7:00 p.m. and 8:00 p.m. on the evening before the designated day for trash collection. All trash cans shall be taken back inside the property by 6:00 p.m. on the designated day of trash collection; All garages and other parking spaces at the facility under my care shall be clear, unobstructed and available for parking at all times by visiting family members, cleaning persons, or transport drivers; No lewd behavior, lewd speech, and /or profanity shall be permitted at the facility. Further, I am responsible for minimizing stomping, clapping, or other noises at the property while Clients are under my care and /or supervision; Quiet hours are required to be observed during the hours of 9:00p.m. and 8:00 a.m. daily. Quiet means that noise, including music, television, and voices may not be audible beyond the perimeter of the facility, except in an emergency. I acknowledge having read the Morningside House Manager Policy and understand the responsibilities and obligations imposed upon me. I understand and agree that any deviation from these responsibilities may result in a written reprimand and /or me being disciplined. I also understand and agree that multiple reprimands may lead to termination of my employment. Date: Date: Staff Name (Print) Staff Signature Supervisor Name (Print) Supervisor Signature 479 420 City Council Attachment K Evidence of Violation of Condition No. 9 during 30 -Day Compliance Period 4 g- 422 Cosylion, Matt From: Kiff, Dave Sent: Tuesday, June 21, 2011 1:30 PM To: Wolcott, Cathy; Brown, Janet; Cosylion, Matt Subject: FW: 4823 River Ave - Morningside Recovery Attachments: 4823 River.JPG From: Nicolai Glazer rmailto :nicolai(a)nicolaiolazer.coml Sent: Tuesday, June 21, 2011 1:08 PM To: Dept - City Council Cc: Kiff, Dave; Hunt, David Subject: 4823 River Ave - Momingside Recovery Dear Mayor Henn and City Council, First and foremost I would like to extend my thanks for your handling and decision last Tuesday (6/14) to warn "Morningside" and move forward with the 30 day warning. I would think that the results of this would be for Morningside to be on their best behavior and go over and above to prove that they are professional and can comply in spite of their poor track record. Last Friday morning (6/17) 1 was driving past 4823 River Ave and to my surprise one of their vans was clearly parked illegally (photo attached). I thought this was amazing considering the circumstances. I snapped a photo with my hand phone and continued to drive past where I pulled over in the 4700 block to send my picture to Matt Cosylion at code enforcement. Upon completion of sending off this email and about to proceed forward the same van that I had moments early taken the picture of was now speeding directly at me at a high rate of speed (I heard his engine winding out before I actually saw him) and swerved at the last moment near missing me. I then proceeded to follow the van, I got a look at the drivers face in his mirror, took down the license plate and call NBPD to file a complaint. Now I can't be certain he saw me take the picture and was purposely aiming at me to taunt me or if he was just driving recklessly down the street. I was very clear with how I presented this to PD dispatch too. I don't want to sound overly dramatic but I was shaken for several hours. Have you ever had a near miss car accident, it was the same adrenaline and anxiety, quite honestly it really bummed me out because at the rate these operators are acting toward the community and flagrant in their actions I hope nobody gets hurt. You can confirm with PD that I phones at approximately 9:50am on 6/17/11. The van license plate CA 8V36879. My complaint and photo are also on record with Matt Cosylion. I was compelled to write and share this with you because this is clearly unacceptable and 30 days can't come soon enough to get these people off our streets and out of our neighborhoods. Respectfully, Nicolai Glazer 1 � g3 Nicolai Glazer 949.306.9339 www.nicoIaigIazer.com rr Prudential Calilornia Realty 1400 Newport Center Drive Ste 200 Newport Beach, California 92660 4&ankyou for your referrals! APlease rmsider the em•ironmem before priming lhie a.mail. 4 �l /: ' t ✓'Y.. t'rt/i- n /.: i , s'�� °v` 'Yf :s r tt r Ii1 4 c),�f'�+ 5; -, 1{yr- j Y to to irv,; • - r1 � Ai9 �FV %S� �`4'� + f.fV Fr rr a r / ♦,` t e. I r arv' ' e 4!^s /J -qys. sa 7, �D "g p rte,\ ��,/Il 3 s Jy \tom" S \•�'°" t� G/ej +r �YIt t y i \t i•t�FNi i •,{'t�(� ``�`� �y'+ � n A Ci r � . '.�l* � ,ty✓ �. rA 1 { .�/ .. .•Nw 7i ark t (Q .r`fM C/ r 1� l.y Y i� ... i ��i'*�fisr !� " ` � r {` !1£ tr t 3 . r, �f r�r�r��jjj������`JJJ,,'���1 >a. •/ ; y .� _ �r,ysa �� �§ - j - l� � f} �}ipi a, to 4�1 6 V rid• �. i ,�y14�' �I .�...- -�'s.� .. _._ . �. tt F, t Vp ;�L d�Yi* '•:,,t :.0_w+: I iii i,}f i - ,.uy ' r f 1-'I l It 7 Al 'y~"�. ' •:a ..yl _, 1 ,. .I r it _ - .-� /z .At "`•vltlf'^'�+J F' 91 A t � rr .. �•� ( Y"s i of ! } A � �J,f ��'v+ h}9+y >�~ t �ft'W� -. *+ �,z - I �' �� `✓'t "��1 +�t1 - -'�9( n`C 5 l'�9 Y1' r a' lr _.�- �-ir�' y 4 r'i �, -�-t 3w ' urx y �_ �' .S�yhud, tre ✓, �'a £= j z +'-*�. a, <�krd _"y i n t � a 4 .. { 420 Cosylion, Matt From: Brian Burke [brian @morningsiderecovery.com) Sent: Thursday, July 07, 2011 7:53 AM To: Cosylion, Matt Cc: Wolcott, Cathy; Brown, Janet Subject: RE: 12011 -0674 Matt, this is our vehicle; a violation our driving policy, we'll handle this in -house appropriately. Brian R. Burke Director of Admissions 3421 Via Oporto, Suite 200 Newport Beach, CA 92663 Mobile: 949-307-2366 Office: 949- 675 -0006 Fax: 949 -675 -0007 brian @morninp,siderecovery.com From: Cosylion, Matt fmailto :MCosvlion(obnewoortbeachca govt Sent: Wednesday, July 06, 20114:30 PM To: Brian Burke Cc: Wolcott, Cathy; Brown, Janet Subject: RE: 12011-0674 Matt 644 -3217 From: Brian Burke fmailto: brian (amorninosiderecoverv.coml Sent: Wednesday, July 06, 20114:28 PM To: Cosylion, Matt Cc: Wolcott, Cathy; Brown, Janet Subject: RE: I2011 -0674 Matt, please send me both of those pictures again. I can't open the first one (81 KB) for some reason. Thanks, Brian R. Burke Director of Admissions 3421 Via Oporto, Suite 200 Newport Beach, CA 92663 Mobile: 949- 307 -2366 Office: 949- 675 -0006 Fax: 949- 675 -0007 brian @morninesiderecovery.com From: Cosylion, Matt fmailto :MCosvlion(bnewoortbeachca covl Sent: Wednesday, July 06, 20114:11 PM l% g� To: Brian Burke Cc: Wolcott, Cathy; Brown, Janet Subject: I2011 -0674 Good Afternoon Mr. Burke, Please review the attached pictures and administration citation, which will be mailed by First Class and Certified US mail to you. These pictures were taken at approximately 8:20 a.m. on July S. As you are aware, Condition No. 9 of the Zoning Agreement requires that MSR client drivers shall respect all City rules regarding parking and /or stopping and waiting to load residents. This vehicle was parked partially blocking the intersection and crosswalk at Via Nice in violation of California Vehicle Code section 22500(a)(b). Please advise what measures Morningside Recovery will take to prevent future incidents like this one from occurring. Sincerely, Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 422 �.d vir ♦y f� �i �d J i 1 _1 Ao warm tv v, l A�n�� i`� 4:�r v � it f ,♦p r � � J ti ♦- i2.4 z Ti + 4. �:. i L - .r � 1 e s � 1 r.3•P 1 IL �-,.�'v (QQ( v 'nf'N� y "_ •ii fA, lr s T' t ' � e'S 4j 2 NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department -` Code Enforcement Division -4.�rnrrr`. 3300 Newport Blvd. Newport Beach, CA 92663 949 -644 -3215 Name of Owner or Business MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 Citation No: 12011 -0674A Correction /Cite Date: 07106/2011 Account No: 12011 -0674 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach. an 07105/2011 revealed a violahon(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON , AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 9 OF EXHIBIT 1 TO ZONING AGREEMENT NO. 2010 -001, MORNINGSIDE RECOVERY VAN DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND/OR STOPPING AND WAITING TO LOAD RESIDENTS. 2. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500 (A),(0) TO STOP, PARK, OR LEAVE UNATTENDED A VEHICLE WITHIN AN INTERSECTION AND /OR ON A CROSSWALK. RECEIPT ACKNOWLEDGED BY OR MAILED TO hS/C. _ _ DATE 7 6 PRINT NAME OF OFFICER. SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF .r/ I'd (DATE INSPECTED) OFFICER ID # 0309 4j 4j 4 City Council Attachment L Copies of all NOV's or Administrative Citations issued to Morningside during 30 -Day Compliance Period 4J,5 4j 0 NOTICE. OF ADMINISTRATIVE CITATION n CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949- 6443215 Citation No: 12011 -0674A Correction / Cite Date: 07/06/2011 Account No: 12011 -0674 Name of Owner or Business. MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, 9200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 0 710 512 01 1 revealed a violation(s) of the Newport Beach Municipal code, THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES, OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON , AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.0201-1, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1, AS REQUIRED BY OPERATIONAL CONDITION NO. 9 OF EXHIBIT 110 TONING AGREEMENT NO. 2010 -001, MORNINGSIDE RECOVERY VAN DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING ANDIOR STOPPING AND WAITING TO LOAD RESIDENTS. 2. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500 (A),(B) TO STOP, PARK, OR LEAVE UNATTENDED A VEHICLE WITHIN AN INTERSECTION AND /OR ON A CROSSWALK. RECEIPT ACKNOWLEDGED BY OR MAILED TO J�J /Z- PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARLD AS OF , -- (DATL INSPECI'F-DI DATE -!?/ OFFICER ID 11 0309 `j7 aF �' NOTICE OF ADMINISTRATIVE (CITATION CITY OF NEWPORT BEACH ! Community Development Department • ` Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 -644 -3216 Citation No: 12011 -0602A Date: 0612412011 Account No: 12011.0602 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 06/16/2011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATIONIS NOW .PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES.,.OTHER; ENFORCEMENT .ACIHON'AND. PENALTIES, MAY ALSO RESULT IF COINPLIANCE•I5 NOT ACHIEVEWQR IF YOU CONTINUE'TO; IGNORE THIS CITATION.. - - 3rd Citation -8600 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATIONS) WAS,ORiGINALLY,BROUGHTTO YOUR ATTENTION oN ;:AND,YOU HAVE NOT ` CORRECTED OR RESOLVED THE VIOLATION($) .. ... - a NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION( %) REQUIRED 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010.001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 6:00 P.M. RECEIPT ACKNOWLEDGED BY OR 4&.E TO DATE (r• �/ PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 -4j 2 Citation No: 12011.0610A Date: 0612412011 Account No: 12011 -0610 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOUD NR in the City of Newport Beach, on 06/22/2011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW FENDING AND YOU MAY BE CITED EACH DAY.THI_NIOLATION CONTINUES.:. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO.RESULT. IF COMPLIANCE .IS NOT ACHIEVED OR IF:NOU CONTINUE`TO IGNORE:THIS CITATION. < •.y:: ?.. `, <. .:. 3rd Citation -$660 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOURATTENTION ON -' -; ANOYOU HAVE NOT CORRECTED OR RESOLVED 'THE VIOLATION(S), ., NEWPORT BEACH MUNICIPAL CODE SECTION($)/ DESCRIPTIONS OF VIOLATIONS) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONS) REQUIRED.- 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAILED TO -J W DATE FJ PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID 11 0309 4jj C�nfntOk NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH n.. Community Development Department ., Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949. 644.3216 Citation No: 12011.0610A Date: 0612412011 Account No: 12011 -0610 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOUD NR in the City of Newport Beach, on 06/22/2011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW FENDING AND YOU MAY BE CITED EACH DAY.THI_NIOLATION CONTINUES.:. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO.RESULT. IF COMPLIANCE .IS NOT ACHIEVED OR IF:NOU CONTINUE`TO IGNORE:THIS CITATION. < •.y:: ?.. `, <. .:. 3rd Citation -$660 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOURATTENTION ON -' -; ANOYOU HAVE NOT CORRECTED OR RESOLVED 'THE VIOLATION(S), ., NEWPORT BEACH MUNICIPAL CODE SECTION($)/ DESCRIPTIONS OF VIOLATIONS) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONS) REQUIRED.- 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAILED TO -J W DATE FJ PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID 11 0309 4jj NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949. 644.3215 Citation No: 12011 -0625A Date: 81281201 i Account No: 12011.0626 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #6200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOUD NS in the City of Newport Beach. on 06/23/2011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY -13E CITED EACH DAY -THE; VIOLATION CONTINUES.,.,OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT. IF COMPLIANCE! IS NOT ACHIEVED OR.IF YOU CONTINUE-T0. IGNORE THIS'CITATION. 3rd Citation -$500 IS NOW DUE. AND PAYABLE TO CITY OF NEWPORT BEACH THISiVIOLATION(5) WAS'ORIGINALLY BROUGHT TO YOUR 'ATTENTION ON '" y AND YOU HAVE-NOT" CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1, AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A,M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 6:00 P.M. RECEIPTACKNOWLEDGEO BY OR MA. ILEDDTT^O�— I'P&5/ DATE! PRINT NAME OF OFFICER SIGNATURE OF OFFICER ✓'✓��`I VIOLATION(S) CLEAREO AS OF (DATE INSPECTED) . OFFICER ID N 0309 500 An inspection of premises located at 533 VIA LIDO SOUD NB in the City of Newport Beach, on 06/27/2011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS :NOW: PENDING AND YOU MAY BE CITED EACH DAY THE. VIOLATION CONTINUES.,':, OTHER ENFORCEMENT ACTiOWAND PENALTIES. MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU,CONTINUE TO IGNORE THIS CITATION. 3rd Citation -$500 IS NOW DBE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO.YOUR'ATTENTION ON AND YOU HAVE -' CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONM) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAIL F , TO _i5 <C.,...� _ DATE PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID it 0309 501 NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949. 644 -3216 Citation No: 12011.0629A Date: 06/29/2011 Account No: 12411.0629 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH. CA 92663 An inspection of premises located at 533 VIA LIDO SOUD NB in the City of Newport Beach, on 06/27/2011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS :NOW: PENDING AND YOU MAY BE CITED EACH DAY THE. VIOLATION CONTINUES.,':, OTHER ENFORCEMENT ACTiOWAND PENALTIES. MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU,CONTINUE TO IGNORE THIS CITATION. 3rd Citation -$500 IS NOW DBE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO.YOUR'ATTENTION ON AND YOU HAVE -' CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONM) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAIL F , TO _i5 <C.,...� _ DATE PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID it 0309 501 �ta�w Pp�kr'a. NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd, Newport Beach, CA 92663 949 -644 -3216 Citation No: 12011.0669A Correction /Cite Date: 07/0212011 Account No: 12011 -0669 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 633 VIA LIDO SOLID NB in the City of Newport Beach, on 06/3012011 revealed a violation(s) of the Newport Beach Municipal code. 3rd Citation • $500 IS NOW DUE AND PAYABLE TO CITY OF NEWPOPT BEACH THIS VIOIATIONj §) WAS ORIGINALLY BRQUGHT TO,YQUR A77ENTION ON AND YOU HAVC'N07 CORREdTRD OR`i1ESOLVEO:THE Vi01Afi16N NEWPORT BEACH MUNICIPAL CODE SECTION(S) t DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONISI. REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO, 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAILED TO e42,9 1'Z DATE IS PRINT PRINT NRME OF OFFICER 127 o_ IZ CO S XZ410- ? SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 502 NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949.644 -3215 Citation No: 12011 -0668A Correction t Cite Date: 0710212011 Account No: 12011 -0668 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at $33 VIA LIDO SOLID NO in the City of Newport Beach, on 07/0212011 revealed a violation(s) of the Newport Beach Municipal code. 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THISVib BRQ.UaHTTO YOURATTENYIQN ON ,ANb YOUfiAVS`.N9T CORRECTED_ORRESOLVEDINE VIOt:ATt6N(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(SI :R E60l RE D 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAILED TO s DATE PRINT NAME OF OFFICER %%C..tS Y�- �✓�^v° _ SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID 8 0309 503. Cosylion, Matt From: Cosylion, Matt Sent: Thursday, July 07, 2011 9:53 AM To: 'Brian Burke' Cc: Brown, Janet; Wolcott, Cathy Subject: Deliveries to 533 Via Lido Soud Attachments: Morningside - Written Notice of Failure to Comply.pdf; 12011 -0677- Admin Cite.pdf Good Morning Mr. Burke, Please review the attached administrative citation that was issued for a delivery to the facility on July 5, 2011 at approximately 7:16 a.m. In this incident, an individual wearing what appeared to be blue hospital scrubs was observed entering the facility carrying a box, with papers on the top of the box. This person was observed leaving the facility at approximately 8:08 a.m. carrying a box. As you are aware, Operational Condition No. 14 of the 2A permits deliveries of business products and other packages and goods to the facility during weekdays between the hours of 9:00 a.m. to 5:00 p.m. I've attached a copy of the Written Notice of Failure to Comply because it provides clarification as to what constitutes a delivery. Based on the number of complaints the City has received, it appears that this person is a regular visitor to the facility. Can you answer the following questions regarding this person /delivery: 1. What is this person delivering /bringing to the facility? a. What service(s) is he providing? 2. How often does he come? 3. Can he come between the hours of 9:00 a.m. to 5:00 p.m.? Any other information regarding this person /delivery that you can provide would be appreciated. Sincerely, Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 504 cy 15 VOA NOTICE OF ADMINISTRATIVE C TA) TION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949.644.3215 Citation No: 12011 -0677A Correction /Cite Date: 0 710 712 01 1 Account No: 12011.0677 Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 07/05/2011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION. IS NOW PENDING AND YOU MAY BE. CITED EACH DAY THE VIOLATION CONTINUES,,OTHER ENFORCEMENT ACTION AND.PENALTIES MAY ALSO.RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU GONTINUETO IGNORE THIS CITATION; 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS+VIOLATION(S) WAS ORIGINALLY DROUGHT TO YOUR ATTENTION ON AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) .. NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION($) REQUIRED 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO, 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. ' 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR M ,U-ED TO$/Z,��/ DATE3�p PRINT NAME OF OFFICER _�%%�} C. C%S frC. f1% V___._.__......._,,.._........_ .... ............__..............__� ... SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 15015 NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd, Newport Beach, CA 92663 949.644 -3216 Citation No: 12011 -0686A Correction / Cite Date: 07111/2011 Account No: 12011 -0686 Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO NEWPORT BEACH, CA 92663 An inspection of premises located at 633 VIA LIDO SOUD NB In the City of Newport Beach, on 07109/2011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL-CITATION IS NOW PENDING AND YOU MAY BE CITEO EACH DAY THE VIOLATION OONTINUES..OTHER ENFORCEMENT: ACTIOWANO PENALTIES MAY ALSO RESULTIF COMPLIANCE IS NOT ACHIEVED OR IF;YGU CONTINUE TO IGNORE THIS�DfTAT10N. .... '.. 3rd Citation -$600 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S),WAS'ORIGINALLY BROUGHT TO YOUR ATTENTION ON - AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S)/ DESCRIPTIONS OF VIOLATION(S) 1: MC 10.60.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1- AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010-001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAILED TO �7 .......... ...... DATE PRINT NAME OF OFFICER /Jf9z�%4?.Lr SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF _ (DATE INSPECTED) OFFICER ID If 0309 1500 NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department k" Code Enforcement Division rC ri uR"i "• _ 3300 Newport Blvd. Newport Beach, CA 92663 949. 644.3215 Citation No; 12011 -0689A Correction /Cite Date: 07111/2011 Account No: 12011 -0689 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 07/1112011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED.EACH DAY THE VIOLATION CONTINUES._OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE70 IGNORE THIS CITATION. 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THISVIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON , AND YOU HAVE NOT CORRECTED OR RESOI -VED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATtON(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO, 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAILED TO f j%Z. DATE PRINT NAME OF OFFICERn SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF _._ (DATE INSPECTED) OFFICER ID It 0309 1507 ,, p \5 VO �° t , k L NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949. 644 -3215 Citation No: 12011 -0695A Correction/ Cite Date: 0 711 712 01 1 Account No: 12011.0695 Name of Owner or Business: MORNINGSIDE RECOVERY 3421 VIA OPORTO,SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLD NB In the City of Newport Beach, on 07117/2011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL: CITATION IS NOW PENDING AND YOU -MAY. BE CITED EACH DAY THE VIOLATION. CONTINUES,;= ;,OTHER. ENFORCEMENT' ACTION'AND- PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. - - - - - - -" - 3rd Citation -$600 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION($) WAS ORIGINALLY BROUGHT TO YOUR;ATTENTION ON . ' , AND YOU HAVE NOT - - CORRECTED OR RESOLVED THE VIOLATION(S) ..... - - NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.60.020H, VIOLATION OF USE PERMIT CORRECTION(S) REQUIRED - i. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010 -001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAILED TO _ V ,i __.. DATE PRINT NAME OF OFFICER�!� SIGNATURE OF OFFICER VIOLATIONS) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 150 2 �vnlo'r.` NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Cade Enforcement Division - 3300 Newport Blvd. Newport Beach, CA 92663 949. 644.3215 Citation No: 12011.0600A Dale: 06_ !22!2011 Account No: 12011 -0600 Name of Owner or Business : MORNINGSIDE RECOVERY LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 4823 RIVER AVE NB in the City of Newport Beach, on 06/17/2011 revealed a violation(s) of the Newport Beach Municipal code. _. THE.NEXT.LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH. DAY. THE VIOLATION :CCNTINUES.:::OTH ENFORCEMENT ACTION AND PENALTIES. MAY ALSO.RESULT IF COMPLIANGE.IS NOT ACHIEVED OR IF_YOU,CONTLNUE; IGNORETHIS CITATION. . . 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH __ . SHIS- VIOLATIONS) WASORIGINALCY BROUGHT TO YOUR ATTENTION ON �' � � � � s AND YOU HAVE NOT ''. CORRECTED OR RESOLVED THE VIOLATION(S).. NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONS) REQUIRED - 1. AS REQUIRED BY CONDITION NO. 9 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT NO. 2010.001, MORNINGSIDE RECOVERY STAFF AND DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. 2. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500(F) TO PARK OR LEAVE A VEHICLE WITH THE BODY OF THE VEHICLE BLOCKING OR EXTENDING OVER ANY PORTION OF A SIDEWALK. THANKS, RECEIPT ACKNOWLEDGED BYORR MAILED TO�Jf� DATE °� PRINT NAME OF OFFICER ° /� {�Y�•- Zd�/�f SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 1501 o) m NOTICE OF VIOLATION CITY OF NEWPORT BEACH v �} Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949. 644.3215 Number: Date: Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 0200 NEWPORT BFACH,CA,92663 12011 -0620 06/24!2011 An inspection of premises located at 3430 VIA LIDO NB in the City of Newport Beach, on 06121/2011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY j�(f PREVIOUSLY ADVISED �Y FINAL WARNING [�{ 1. PURSUANT TO SECTION 20.22.020 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC), ALL USES CLASSIFIED AS "OFFICE, MEDICAL AND DENTAL" ARE PERMITTED ABOVE THE FIRST FLOOR ONLY IN THE MU -W2 ZONING DISTRICT. 2, PLEASE TAKE THE FOLLOWING CORRECTIVE MEASURES BY 5:00 P.M. ON MONDAY, JUNE 27,2011: A. CEASE ALL CLIENT TREATMENT RELATED ACTIVITIES AT 3430 VIA LIDO (SUITE A). B. SUBMIT A REQUEST FOR ZONING CLEARANCE TO THE COMMUNITY DEVELOPMENT DIRECTOR FOR ALL PROPOSED USES /ACTIVITIES AT 3430 VIA LIDO (SUITE A). C. CONTACT THE CITY'S CODE ENFORCEMENT DIVISION TO SCHEDULE AN INSPECTION OF THE ENTIRE OFFICE SPACE (SUITE A). 3. PLEASE BE AWARE THAT FAILURE TO COMPLETE ALL THE CORRECTIVE MEASURES LISTED ABOVE BY 6:00 P.M. ON MONDAY, JUNE 27, 2011, WILL RESULT IN FURTHER ENFORCEMENT ACTION, WHICH MAY INCLUDE ADMINISTRATIVE CITATIONS ISSUED EACH DAY THE VIOLATION EXISTS IN ACCORDANCE WITH SECTION 1.05.020 OF THE NBMC. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE T ✓ _ , I the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER �//�I`%% e'o,. � SIGNATURE 05 OFFICER 12011 -0623 06/24/2011 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport Beach, on 0612112011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED [ FINAL WARNING THISVIOLAYION(S) WAS Oti1GINALLY BROUG}tT,TO YOUR ATTENTIt)N ON AND YOU HAVENOT = CORRECTEp 'OR�RESOLVEt)_THE.YIOt.ATION(S) . -' " °- - - " NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: 20.22.020 MU DISTRICT. LAND USE REGULATIONS CORRECTION {si EQUIREtS 1. PURSUANT TO SECTION 20.22.020 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC), ALL USES CLASSIFIED AS "OFFICE, MEDICAL AND DENTAL" ARE PERMITTED ABOVE THE FIRST FLOOR ONLY IN THE MU -W2 ZONING DISTRICT. 2. PLEASE TAKE THE FOLLOWING CORRECTIVE MEASURES BY 5:00 P.M. ON THURSDAY, JUNE 30,2011: A. SUBMIT A COMPLETE USE PERMIT APPLICATION REQUESTING A WAIVER OF THE REQUIRED OFF -STREET PARKING OR APPROVAL OF AN OFF- STREET PARKING AGREEMENT, B. IF A COMPLETE USE PERMIT APPLICATION IS NOT SUBMITTED BY JUNE 30, 2011, IMMEDIATELY CEASE ALL "OFFICE, MEDICAL, AND DENTAL" USES AT 3404 VIA LIDO (SUITE B, SECOND FLOOR OFFICE SPACE). C. CONTACT THE CITY'S CODE ENFORCEMENT DIVISION TO SCHEDULE AN INSPECTION OF THE ENTIRE OFFICE SPACE (SUITE B, SECOND FLOOR OFFICE SPACE). 3. PLEASE BE AWARE THAT FAILURE TO COMPLETE ALL THE CORRECTIVE MEASURES LISTED ABOVE BY 5:00 P.M. ON THURSDAY, JUNE 30, 2011, WILL RESULT IN FURTHER ENFORCEMENT ACTION, WHICH MAY INCLUDE ADMINISTRATIVE CITATIONS ISSUED EACH DAY THE VIOLATION EXISTS IN ACCORDANCE WITH SECTION 1.05.020 OF THE NBMC. S.GO /1049., 4jsm / ✓/ the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each (lay. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER F�'°' RIr;NATI IRF f1F f1FFIf:Fr2 �22 NOTICE OF VIOLATION �K? CITY OF NEWPORT BEACH Community Development Department o ems? Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 - 644.3215 Number: Date: Name of Owner or Business, MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH,CA,92663 12011 -0623 06/24/2011 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport Beach, on 0612112011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED [ FINAL WARNING THISVIOLAYION(S) WAS Oti1GINALLY BROUG}tT,TO YOUR ATTENTIt)N ON AND YOU HAVENOT = CORRECTEp 'OR�RESOLVEt)_THE.YIOt.ATION(S) . -' " °- - - " NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: 20.22.020 MU DISTRICT. LAND USE REGULATIONS CORRECTION {si EQUIREtS 1. PURSUANT TO SECTION 20.22.020 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC), ALL USES CLASSIFIED AS "OFFICE, MEDICAL AND DENTAL" ARE PERMITTED ABOVE THE FIRST FLOOR ONLY IN THE MU -W2 ZONING DISTRICT. 2. PLEASE TAKE THE FOLLOWING CORRECTIVE MEASURES BY 5:00 P.M. ON THURSDAY, JUNE 30,2011: A. SUBMIT A COMPLETE USE PERMIT APPLICATION REQUESTING A WAIVER OF THE REQUIRED OFF -STREET PARKING OR APPROVAL OF AN OFF- STREET PARKING AGREEMENT, B. IF A COMPLETE USE PERMIT APPLICATION IS NOT SUBMITTED BY JUNE 30, 2011, IMMEDIATELY CEASE ALL "OFFICE, MEDICAL, AND DENTAL" USES AT 3404 VIA LIDO (SUITE B, SECOND FLOOR OFFICE SPACE). C. CONTACT THE CITY'S CODE ENFORCEMENT DIVISION TO SCHEDULE AN INSPECTION OF THE ENTIRE OFFICE SPACE (SUITE B, SECOND FLOOR OFFICE SPACE). 3. PLEASE BE AWARE THAT FAILURE TO COMPLETE ALL THE CORRECTIVE MEASURES LISTED ABOVE BY 5:00 P.M. ON THURSDAY, JUNE 30, 2011, WILL RESULT IN FURTHER ENFORCEMENT ACTION, WHICH MAY INCLUDE ADMINISTRATIVE CITATIONS ISSUED EACH DAY THE VIOLATION EXISTS IN ACCORDANCE WITH SECTION 1.05.020 OF THE NBMC. S.GO /1049., 4jsm / ✓/ the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each (lay. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER F�'°' RIr;NATI IRF f1F f1FFIf:Fr2 �22 nor o� NOTICE OF ADMINISTRATIVE CITATION UVA =•� �uj CITY OF NEWPORT BEACH b j Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949.644 -3215 Citation No: 12011.0679A Correction/ Cite Date: 07/07/2011 Account No: 12011.0679 Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO NEWPORT BEACH, CA 92663 An inspection of promises located at 533 VIA LIDO SOLID NB in the City of Newport Beach, on 07/07/2011 revealed a violation(s) of the Newport Beach Municipal code. 3rd Citation -$500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THM- ,VIOLATK)Nf$) WAS ORIGINALLY BROUGHT TO Y00 77ENTION ON , _ . AN YOU HAVE NOT d CORRECTED OR,�RESOLVt;D THE VIOt_;4TIgN(Sj .. ... .. NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.60.020H, VIOLATION OF USE PERMIT CORRECTION($) REQUIRED 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 14 OF EXHIBIT 1, ZONING AGREEMENT NO. 2010.001, STAFF MEMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS PRODUCTS AND OTHER PACKAGES AND GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE HOURS OF 9:00 A.M. TO 5:00 P.M. 2. ELIMINATE ANY FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS TO THE FACILITY BEFORE 9:00 A.M. AND AFTER 5:00 P.M. RECEIPT ACKNOWLEDGED BY OR MAILED TO4`7/ /C. -. _ DATE L I/ PRINT NAME OF OFFICERl� /�� SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 1512 y� \10 NOTICE OF ADMINISTRATIVE CITATION )n, CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division .. rrou ... 3300 Newport Blvd. Newport Beach, CA 92663 949.644 -3215 Citation No: 12011.0624A Date: 06124/2011 Account No: 1201 1 -0 624 Name of Owner or Business, MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport Beach, on 0 612112 01 1 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES..; OTHER. ENFORCEMENT ACTION AND PENALTIES MAYALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR:IF YOU CONTINOE'TO IGNORE THIS CITATION,y 1st Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS:VIOLATION(S) WAS ORIGINALLY 13ROUGHT TO YOUR ATTENTION ON ,`ANDYOU.HAVENOT CORRECTED OR RESOLVED THE VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1; 20.22.020 MU DISTRICT. LAND USE REGULATIONS CORRECTION(S) REQUIRED - 1. PURSUANT TO SECTION 20.22.020 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC), ALL USES CLASSIFIED AS "OFFICE, MEDICAL AND DENTAL" ARE PERMITTED ABOVE THE FIRST FLOOR ONLY IN THE MU -W2 ZONING DISTRICT. 2. PLEASE TAKE THE FOLLOWING CORRECTIVE MEASURES BY 5:00 P.M. ON MONDAY, JUNE 27,2011: A. CEASE ALL CLIENT TREATMENT RELATED ACTIVITIES AT 3404 VIA LIDO (SUITE A). B. SUBMIT A REQUEST FOR ZONING CLEARANCE TO THE COMMUNITY DEVELOPMENT DIRECTOR FOR ALL PROPOSED USESIACTIVITIES AT 3404 VIA LIDO (SUITE A). C. CONTACT THE CITY'S CODE ENFORCEMENT DIVISION TO SCHEDULE AN INSPECTION OF THE ENTIRE OFFICE SPACE (SUITE A). 3. PLEASE BE AWARE THAT FAILURE TO COMPLETE ALL THE CORRECTIVE MEASURES LISTED ABOVE BY 6 :00 P.M. ON MONDAY, JUNE 27, 2011, WILL RESULT IN FURTHER ENFORCEMENT ACTION, WHICH MAY INCLUDE ADMINISTRATIVE CITATIONS ISSUED EACH DAY THE VIOLATION EXISTS IN ACCORDANCE WITH SECTION 1.05.020 OF THE NBMC. RECEIPT ACKNOWLEDGED BY OR MAILED TO .�J%Z DATE -�IO PRINT NAME OF OFFICER /,�Y�- @7rS�`— �>,- ,.___�__- SIGNATURE OF OFFICER VIOLATIONS) CLEARED AS OF , -_. _ (DATE INSPECTED) OFFICER ID # 0309 J51S % NOTICE OF ADMINISTRATIVE CITATION , CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd, Newport Beach, CA 92663 949.644 -3215 Citation No: 12011 -0621A Date: 06/24/2011 Account No: 12011 -0621 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 3430 VIA LIDO NB in the City of Newport Beach, on 06/21/2011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT LEVEL CITATION..IS,NOW: PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. - ,OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE I$ NOT ACHIEVED OR IF YOU CONTINU£:TO IGNORE THIS CITATION. ist Citation - $100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION (S) WAS ORIGINALLYDROUGHT TO YOUR ATTENTION ON `> , AND YOU HAVE NOT CORRECTED OR RESOLVEDTHE;VIOLATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: 20.22.020 MU DISTRICT- LAND USE REGULATIONS CORRECTION($) REQUIRED'- 1. PURSUANT TO SECTION 20.22.020 OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC), ALL USES CLASSIFIED AS "OFFICE, MEDICAL AND DENTAL" ARE PERMITTED ABOVE THE FIRST FLOOR ONLY IN THE MU -W2 ZONING DISTRICT. 2. PLEASE TAKE THE FOLLOWING CORRECTIVE MEASURES BY 5:00 P.M. ON MONDAY, JUNE 27,2011: A. CEASE ALL CLIENT TREATMENT RELATED ACTIVITIES AND REMOVE ALL MEDICAL EQUIPMENT INCLUDING THE EXAMINATION TABLE AT 3430 VIA LIDO (SUITE B). B. SUBMIT A REQUEST FOR ZONING CLEARANCE TO THE COMMUNITY DEVELOPMENT DIRECTOR FOR ALL PROPOSED USES /ACTIVITIES AT 3430 VIA LIDO (SUITE B). C. CONTACT THE CITY'S CODE ENFORCEMENT DIVISION TO SCHEDULE AN INSPECTION OF THE ENTIRE OFFICE SPACE (SUITE 6). 3. PLEASE BE AWARE THAT FAILURE TO COMPLETE ALL THE CORRECTIVE MEASURES LISTED ABOVE BY 5:00 P.M. ON MONDAY, JUNE 27, 2011, WILL RESULT IN FURTHER ENFORCEMENT ACTION, WHICH MAY INCLUDE ADMINISTRATIVE CITATIONS ISSUED EACH DAY THE VIOLATION EXISTS IN ACCORDANCE WITH SECTION 1.05.020 OF THE NBMC. RECEIPT ACKNOWLEDGED BY OR MAILED TO f / /S� .. DATE /6 PRINT NAME. OF OFFICER SIGNATURE OF OFFICER WAnI ATInN (S) ra PARrn AF nr /nATr IMgPrnTrni nr9Ir`9P In a nine 51-4 NEWPORT BEACH I NBR .06797 POLICEbEPARTMEN Kl ( i MISDEMEANOR IdnTICF Tn.APPPAR FD Trnffin fT Nnntmffin I Aff (F 6 MIMla lzen U OWNER'S RESPONSIBILITY -' -a n„da. 640001) Vas No CODE AND SECTION Deaciption Inrracticn(C9o'e) ❑ EP i�12,r �Zc�.c- c�7 Lcpt -;o�->c M arms 1 poaa ur. un . STATE. CAMMERCW. PE- BJRTZi GATE .I (1.A� OYES 'NO L SEX HAIR G USE HEIGHT v(EI�HF 'YY j>i2 'z F t S'r VEN. L C. NO. {r STATE 1. =L ❑COMMERCIAL VEHICLE (VBh. C0do, § 15210(b)) yR.OFVEH. _�' MAKE MODEL BOGY$TvLE COLOR S) r L) ' J -. `v � V ' . ❑HAZARDOUS MATERIAL , EVIDENCE OF HNANCIAL-RESFONSIBILLIY WET DRY MED. �LT.( LLE q . FOO RAIN. (Veh. COtlB, $ 353) I DECLARE,UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THE FOREGOING IS TAUS AND CORRECT. J REGISTERED OWNER OR LESSEE GSAME AS DRIVER ..' I Correctable Vlolanan (Veh. Code, § 40610) ❑ Boolm, Required (aee reverse) MW Arar or Vas No CODE AND SECTION Deaciption Inrracticn(C9o'e) ❑ EP i�12,r �Zc�.c- c�7 Lcpt -;o�->c M ,❑ ❑ M. I .I ❑ ❑ M I ❑ ❑ M I SPEEEDAPPROX. P.FJ SPEED VEH. UMIT SAFE ED ConWWuatl Form I E'( -11 -I .' - . - -'- Lasued j LOCATION OF VIOLATIONS) _ AT T [\ 1 _!.r -i ��i?�d. T.IX'� TS.Jt✓7..� APT. DIST. %� ROAD OONDITI0.9S TRAFFIC WEATHER I ACCIDENT ❑ WET DRY MED. �LT.( LLE q . FOO RAIN. �i1VY. O VIOLATIONyS NOT-COMMRTED IN MY PRE$ RCE, DECLARED ON INFORMATION AND BELIEF. I DECLARE,UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THE FOREGOING IS TAUS AND CORRECT. J LI ' ArtY4q «c�a o�.. SERIAL NO. GATES S OFF I ' r r TO , IA Sl9natule - — I w WHEN: ON Oa'BEFOBE T�IS DATE"/ ( — (77 C;'T — 1/ AT 8:45AM X WHAT TO DO: FOLLOW THE INSTRUCTIONS ON THE REVERSE. WHERE: Harbor Justice Center, Newport Beech Facility, 4801 Jamboree Rd., /^N -ewpan Beach, CA 92660.2695, (657) 622 -5400 'O Juvenile Court. 341 The City Drive South, Orange, CA 92868 (65P. 822 -$508 ❑ To be notified your Perents/Guardlan will be contacted by the Pollee Oept. or the --4 Orange County Probation Dept. ❑ For infmc0on vlolatiorm of the vehicle code, you m@y appear prior to the appearance data aa Rated above at a session of night court held on To.sday a15:00 PM. t�l JwLVai co,scO Ol Cardomb FOrm SEE REVERSE Rev. 09- 20-05(Veh. Code. 4440500 (b)•4051x(0).4 4 10600, Pan. Code, 49+`3.9). TR -130 1515 12011.0696 0711812011 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport Beach, on 0 611 512 011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED j FINAL WARNING ()C) ETHI5V10IJ ,rT(ON(5)WgSORIGINALLY nR+7iL6t{T,'tO YOUR ATENTtON ON -`� ANDYOt1:HAVE NEWPORT BEACFI MUNICIPAL CODE SECTION(S) # DESCRIPTIONS OF VIOLATION(S) 1: MG 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONS) REQUIRED 1. AS REQUIRED BY OPERATIONAL CONDITION NO, 2, EXHIBIT 1 TO ZONING AGREEMENT NO. 2010-001, MORNINGSIDE RECOVERY SHALL HAVE ENOUGH STAFF TO APPROPRIATELY AND RESPONSIBLY MANAGE EACH FACILITY. 2. PLEASE PROVIDE ENOUGH STAFF TO APPROPRIATELY AND RESPONSIBLY MANAGE THE ACTIVITIES AND BEHAVIOR OF CLIENTS AND VISITORS TO THE MSR FACILITY AT 3404 VIA LIDO. THIS VIOLATION MUST BE CORRECTED ON OR BEFOR&L4/ &% ff � . If the vi ation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER - SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 510 NOTICE OF VIOLATION CITY OF NEWPORT BEACH u Community Development Department' lr Code Enforcement Division - 3300 Newport Blvd. Newport Beach, CA 92663 949. 644.3215 Number: Date: Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE# 200 NEWPORT BEACH,CA,92663 12011.0696 0711812011 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport Beach, on 0 611 512 011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED j FINAL WARNING ()C) ETHI5V10IJ ,rT(ON(5)WgSORIGINALLY nR+7iL6t{T,'tO YOUR ATENTtON ON -`� ANDYOt1:HAVE NEWPORT BEACFI MUNICIPAL CODE SECTION(S) # DESCRIPTIONS OF VIOLATION(S) 1: MG 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONS) REQUIRED 1. AS REQUIRED BY OPERATIONAL CONDITION NO, 2, EXHIBIT 1 TO ZONING AGREEMENT NO. 2010-001, MORNINGSIDE RECOVERY SHALL HAVE ENOUGH STAFF TO APPROPRIATELY AND RESPONSIBLY MANAGE EACH FACILITY. 2. PLEASE PROVIDE ENOUGH STAFF TO APPROPRIATELY AND RESPONSIBLY MANAGE THE ACTIVITIES AND BEHAVIOR OF CLIENTS AND VISITORS TO THE MSR FACILITY AT 3404 VIA LIDO. THIS VIOLATION MUST BE CORRECTED ON OR BEFOR&L4/ &% ff � . If the vi ation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER - SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 510 o�or NOTICE OF VIOLATION (d' ( CITY OF NEWPORT BEACH 03 Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949- 644 -3215 Number: Date: Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 11200 NEWPORT BEACH,CA,92663 12011.0606 07/17/2011 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport Beach, on 06/15/2011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT .____ CgRRECT10N(5)REQUIRED- 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 10, EXHIBIT 1 TO ZONING AGREEMENT NO. 2010 -001, MORNINGSIDE RECOVERY SHALL NOT TOLERATE LEWD BEHAVIOR, LEWD SPEECH OR PROFANITY AT THE SUBJECT PROPERTY. PROFANITY AT A LEVEL AUDIBLE TO NEIGHBORING RESIDENTS MAY RESULT IN AN ADMINISTRATIVE CITATION ISSUED BY THE CITY. 2. PLEASE REMIND ALL STAFF, CLIENTS AND VISITORS TO THE MORNINGSIDE RECOVERY OFFICE AT 3404 VIA LIDO TO REFRAIN FROM USING PROFANITY OR OTHER LEWD LANGUAGE OR BEHAVIOR. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE /jri:Ifylf•kff the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement, actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. �..- (p;J.Si ✓ r PRINT NAME OF OFFICER �;�`! �/ i •� <- ''� -�' "�% SIGNATURE OF OFFICEf2 VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID N 0309 517 512 City Council Attachment M Complaints Received re: Secondhand Smoke Detected Off -Site of Morningside facilities 15ij 520 Cosylion, Matt From: Cosylion, Matt Sent: Thursday, July 07, 2011 5:57 PM To: 'Brian Burke' Cc: Wolcott, Cathy; Brown, Janet Good Afternoon Mr. Burke, On June 30, 2011, the City received a complaint that secondhand smoke could be detected from a property near 29 Ima Loa Ct. According to the complaint, a resident of 29 Ima Loa Ct. was observed smoking on the rear deck that faces towards the Banning Ranch area. As you are aware, Condition No. 7 of the Zoning Agreement requires that secondhand smoke be contained within the lot line of the property. At this time, the City has not made a final determination regarding this complaint. However, please remind all staff and residents at 29 Ima Loa Ct that secondhand must be contained within the lot lines of the property. To help prevent future complaints of secondhand smoke, Morningside Recovery may wish to take preventative measures such as eliminating smoking at the facility, moving the designated smoking location, and /or installing a smoke filtration system. The attached link is to a company that offers a smoke filtration that may work at MSR facilities. http: / /www.purennatural.com /prod desc.php ?prod id =6. Thanks. Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 152- Cosylion, Matt From: Cosylion, Matt Sent: Wednesday, July 06, 2011 5:33 PM To: 'Brian Burke' Cc: Brown, Janet; Wolcott, Cathy Subject: Secondhand Smoke- 533 Via Lido Soud Good Afternoon Mr. Burke, The City has received complaints that secondhand smoke can be detected from properties near 533 Via Lido Soud when residents are smoking in the garage. As you are aware, Condition No. 7 of the Zoning Agreement requires that secondhand smoke be contained within the lot line of the property. At this time, the City has not made any findings regarding these complaints. However, please remind all staff and residents at 533 Via Lido Soud that secondhand must be contained within the property. To help prevent future complaints of secondhand smoke, Morningside Recovery may wish to take preventative measures such as eliminating smoking at the facility, moving the designated smoking location, and /or installing a smoke filtration system. The attached link is to a company that offers a smoke filtration that may work at MSR facilities. http: / /www.purennaturaI.com /prod desc.php ?prod id =6. Thanks. Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 522. Brown, Janet From: Cosylion, Matt Sent: Sunday, July 17, 2011 11:07 AM To: 'Brian Burke' Cc: Wolcott, Cathy, Brown, Janet Subject: Secondhand Smoke from 100 -102 Via Antibes Importance: High Good Afternoon Mr. Burke, The City has received complaints that secondhand smoke can be detected from the public sidewalk near 100 -102 Via Antibes when residents of the facility are smoking in the front yard or near the front door. As you are aware, Condition No. 7 of the Zoning Agreement requires that secondhand smoke be contained within the lot line of the property. At this time, the City has not made any findings regarding these complaints. However, please remind all staff and residents at 100 -102 Via Antibes that secondhand must be contained within the property. To help prevent future complaints of secondhand smoke, Morningside Recovery may wish to take preventative measures such as eliminating smoking at the facility, moving the designated smoking location, and /or installing a smoke filtration system (if smoking is limited to an interior location). The attached link is to a company that offers a smoke filtration system that may work at MSR facilities. http: / /www.purennatural.com /prod desc.php ?prod id =6. Sincerely, Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 1523 524 Brown, Leilani From: Brown, Janet Sent: Monday, July 25, 2011 4:57 PM "RECEIVED AFTER AGENDA To: Dept - City Clerk PRINTED" Cc: Wolcott, Cathy; Hunt, David; Cosylion, Matt; Brandt, Kim Subject: FW: Tomorrow's Council Meeting %- ZZL -1 i Attachments: Morningside violation list.pdf For the administrative record, and your info. Janet Johnson Brown Associate Planner City of Newport Beach 3300 Newport Blvd.,Newport Beach, CA 92663 T (949) 644 -32361 F (949) 644 -3229 ibrown(d,)newportbeachca.00v - - -- Original Message-- - From: Brandt, Kim Sent: Monday, July 25, 20114:18 PM To: Brown, Janet Subject: FW: Tomorrow's Council Meeting Kim - - - -- Original Message--- - From: Cook, Edward fmailto:ewcCcDmccarthvcook.coml Sent: Monday, July 25, 2011 3:26 PM To: Brandt, Kim Subject: Tomorrow's Council Meeting Dear Kimberly, Many of us read with great interest (and a great measure of understanding having lived with Morningside) your Staff Report for Tuesday's agenda recommending that the Council find Morningside in default of the Development Agreement. In addition to the numerous continuing violations, I thought I would pass along another local resident's well documented violations that will not be part of the report as they came in too late to be researched by Matt on your staff. We salute you and your staff for their work. On a happier note, I walked around the Lido cannery area and was very pleased to see some new and nicely presented businesses around the Alta Coffee shop which is nearly impossible to get into because it is so well patronized. It made me feel good and it also brought visions of Newport Beach's version of the town of Nantucket. The area could be just dynamite with a sense of history and place that would encourage foot traffic and a great balance of uses. Lido Village is the linchpin because it forms the gateway to the entire area. I offer my opinion again that if the rehab operators aren't reigned in, Lido Village will never be rehabilitated. The zoning, use and occupancy laws that apply to honest and law abiding developers and users such as our firm and our tenants must be enforced on these operators. I know in detail how difficult it is for us to create assembly rated spaces for legitimate uses such as secondary schools. It boggles my mind how these operators can get away with violations of zoning, use and occupancy laws. I am glad the City of Newport Beach has you, the 'new sheriff in charge of these matters. It is in everyone's best interest (including that of Morningside in protecting their clients) to bring these occupancies into compliance or rightfully vacate them. I will attend the Council meeting tomorrow night and will hope that the Council agrees with you. Best, Edward Edward W. Cook III Co- President McCarthy Cook & Co. ewc(c mccarthycook.com www.mccarthycook.com Orange County Office Metro Center at South Coast 575 Anton Boulevard, Suite 590 Costa Mesa, CA 92626 (714) 427 -1849 Direct (714) 913 -6900 Main (714) 913 -6901 Fax Los Angeles Office The Atrium 2301 Rosecrans Avenue, Suite 4170 El Segundo, CA 90245 (310) 341 -4816 Direct (310) 297 -9300 Fax San Francisco Office China Basin 185 Berry Street, Suite 150 San Francisco, CA 94107 (415) 543 -3838 Main (415) 543 -1623 Fax - - - -- Original Message---- - From: info(a)macgregorexport.com f mai Ito: infoCo.macareoorexport.coml Sent: Thursday, July 21, 2011 3:04 PM To: michael brant - zawadzki; Lichman, Barbara Cc: islutzkv(cDmaxxess- systems.com; david sheffner; Willis Longyear; Larry Higby; Bettina Deininger; Denys Oberman; Tom Larkin; Ithom84218(o)aol.com; Billings, Tom; Cook, Edward; ido(a)odonnellgroup.com; sharpmarine(a)earthlink.net Subject: Re: Check it out!!!! FYI - I dropped off 13 video clips and affidavits of separate violations during the cure period to Matt Cosylion Monday. He told me that these are too late to be investigated for the posted staff report but will be in an addendum given to the council before the meeting. I won't be at the council meeting as I am out of town but if there is any question as to whether there have been documented violations will someone mention it at the meeting? I attach a list of the violations reported and photographed. Best regards, Laura Sharp On 7/21/11 2:40 PM, "michael brant - zawadzki" <ezmbz(0)-roadrunner.com> wrote: > http: / /www. newportbeachca.g ov /Mod ules /S howDocument.as ox ?docu mentid =4414 >XVIII. PUBLIC HEARING >17. COMPLIANCE REVIEW OF DEVELOPMENT AGREEMENT NO. 2010 -001 BETWEEN THE >CITY OF NEWPORT BEACH AND MORNINGSIDE RECOVERY, LLC (PA2011 -107). >a) Conduct a public hearing; b) determine that Momingside Recovery, >LLC is in default under the terms of the Zoning Agreement based upon >substantial evidence; and c) introduce Ordinance No. 2011 -20 >terminating Development Agreement No. 2010 -001, and pass to second >reading on August 9, 2011. >XIX. MOTION Brown, Leilani From: Denys Oberman [dho @obermanassociates.com) Sent: Tuesday, July 26, 2011 6:20 AM To: Henn, Michael; Gardner, Nancy; Hill, Rush; Curry, Keith; Rosansky, Steven; Daigle, Leslie Cc: Kiff, Dave; Hunt, David; Brown, Leilani Subject: Regulation of Business Morningside Recovery LLC Importance: High Mayor and Council Members I am out of town on business and unable to attend the City Council meeting tonight. I commend the City for considering revocation of a special Development /Zoning Agreement entitling Business operator, Morningside Recovery. I encourage you to enact the ordinance pending before Council this evening. This Business operator Has demonstrated clearly and with a repeated pattern of practice that it is unwilling and /or unable to comply With city and state ordinances. This business has demonstrated willful failure to comply not only within the term of the Development Agreement, but also for over 5 years prior. The nature of the noncompliance is not only nuisances. It also has repeated demonstrated practices that put both the community and its clients at risk. Our City can and should not tolerate this. The ordinance to revoke the Development Agreement needs to be promptly enacted, and Morningside needs to be reigned in through the City's ordinances, Specifically: 1. Immediate issue cease and desist ,and shut down, this Integral business, or at very minimum, the Illegally established facilities in Lido Village and 533 Via Lido Soud. 2. Require that Morningside promptly apply for a Use Permit, and go through the ordinance process as one integrated business, which it has acknowledged is the operation. As a separate matter, require that Morningside immediately shut down its illegally established locations, cited above. We appreciate and support the need for legitimate recovery businesses. However, this operator has proven repeatedly that it is unable and unwilling to operate in a safe, compliant manner. Other recovery businesses have been able to thrive within the context of the City "s regulations It would be imprudent to allow this operator to continue, and particularly with special treatment. The City cannot afford the risk of allowing this operation to continue in our neighborhoods. We have already ample operators , particularly in the coastal zone, who have demonstrated their ability to be responsible —to the community and their clients. Thank you for your consideration. Denys Oberman Newport Beach resident and community stakeholder PLEASE DISTRIBUTE THIS DOCUMENT AND ENTER IT INTO THE PUBLIC RECORD. THANK YOU. Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email: dhot7a.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. Delivery and noise arrive 70O depart 734 am 061811.m4v 13 Delivery leaving 11 pm 061611.m4v 99 Drop off middle of street 070711 214 ;O.m4v 0 Early delivery 070211 637 arrival 0705 departure.m4v 0 early delivery 071311 arrive 637 am depart 71.4 .m4v Early delivery 071411 arrive 759 depart 806.m4v n early staff delivery 071211 750 am.m4v IA Illegal pickup truck on wrong side of street 070311 707 am.m4v late DELIVERY 1014 PRIM 061611.m4v ® Late delivery 070511 2237.rr�4v N' Mornings side van running stop sign via barcefona 835 am 061811.1140V EQ navigator illegal pickup on .red curb 070111 0836.m4v Noise 734 AM 061811,m4v CITY CLERK'S OFFICE AFFIDAVIT OF POSTING On 2011, 1 posted the Notice of Public Hearing regarding: Morningside Recovery, LLC Development Agreement No. 2010 -001 (PA2011 -107) Locations: 4823 A & B River Avenue 29 Ima Loa Court 100 Via Antibes, 102 Via Antibes, 208 Via Lido Soud 533 Via Lido Soud Date of City Council Public Hearing: July 26, 2011 A 2 NOTICE OF PERIODIC COMPLIANCE REVIEW OF MORNINGSIDE RECOVERY, LLC DEVELOPMENT AGREEMENT NO. 2010 -001 (PA2011 -107) NOTICE IS HEREBY GIVEN that on Tuesday, July 26, 2011 at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council will review evidence, both written and oral, of the actions taken by Morningside Recovery; LLC since June 15, 2011, to achieve compliance with the terms of the Development Agreement entered into on September 28, 2010, between the City and Morningside Recovery, LLC. The review of this Development Agreement is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For more information please call 949 - 644 -3005. For questions regarding details of the project please contact Janet Johnson Brown; Associate Planner at (949) 644 -3236 or i brown Ca) newportbeachca.gov. Project File No.: PA2011 -107 Activity No.: Development Agreement DA2010 -001 Location: 4823 A & B River Avenue, 112 B 39th Street (this facility closed November 30, 2010), 29 Ima Loa Court, 100 Via Antibes, 102 Via Antibes, 208 Via Lido Soud, and 533 Via Lido Soud ao� . � kx-,- Leilani I. Brown, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE OF PERIODIC COMPLIANCE REVIEW OF MORNINGSIDE RECOVERY, LLC DEVELOPMENT AGREEMENT NO. 2010 -001 (PA2011 -107) NOTICE IS HEREBY GIVEN that on Tuesday, July 26, 2011 at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council will review evidence, both written and oral, of the actions taken by Morningside Recovery, LLC since June 15, 2011, to achieve compliance with the terms of the Development Agreement entered into on September 28, 2010, between the City and Morningside Recovery, LLC. The review of this Development Agreement is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For more information please call 949- 644 -3005. For questions regarding details of the project please contact Janet Johnson Brown, Associate Planner at (949) 644 -3236 or ibrownta'�. newportbeachca.gov. Project File No.: PA2011 -107 Activity No.: Development Agreement DA2010 -001 Location: 4823 A & B River Avenue, 112 B 39'" Street (this facility closed November 30, 2010), 29 Ima Loa Court, 100 Via Antibes, 102 Via Antibes, 208 Via Lido Soud, and 533 Via Lido Soud KDM .Q hprv`� Leilani I. Brown, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE OF PERIODIC COMPLIANCE REVIEW OF MORNINGSIDE RECOVERY, LLC DEVELOPMENT AGREEMENT NO. 2010 -001 (PA2011 -107) NOTICE IS HEREBY GIVEN that on Tuesday, July 26, 2011 at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council will review evidence, both written and oral, of the actions taken by Morningside Recovery, LLC since June 15, 2011, to achieve compliance with the terms of the Development Agreement entered into on September 28, 2010, between the City and Morningside Recovery, LLC. The review of this Development Agreement is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For more information please call 949- 644 -3005. For questions regarding details of the project please contact Janet Johnson Brown, Associate Planner at (949) 644 -3236 or b rown(a) newportbeachca.g ov. Project File No.: PA2011 -107 Activity No.: Development Agreement DA2010 -001 Location: 4823 A & B River Avenue, 112 B 39' Street (this facility closed November 30, 2010), 29 ]me Loa Court, 100 Via Antibes, 102 Via Antibes, 208 Via Lido Soud, and 533 Via Lido Soud Leilani I. Brown, City Clerk City of Newport Beach Etiquettes laser www.3M.com /labels Compatible avec le gabadt 51600 de Aver/O 1 -800- 395 -1223 ' PA2011 -107 MORNINGSIDE APPLICANT: Jeffrey Yates, President Morningside Recovery, LLC 3404 #A Via Lido Newport Beach, CA 92663 Connie Shyng Managing Director Morningside Recovery, LLC 3404 #A Via Lido Newport Beach, CA 92663 Applicant's Counsel: Mary Helen Beatificato Beatificato & Associates, APC 28562 Oso Parkway, Ste. D -424 Rancho Santa Mrgarita, CA 92688 112 39th Street — No Contacts (Facility Closed Do not need to post site) WEST NEWPORT BEACH ASSN 2901 NEWPORT BLVD NEWPORT BEACH, CA 92663 LIDO ISLE COMMUNITY ASSOC. 701 VIA LIDO SOLD NEWPORT BEACH, CA 92663 4823 River Avenue Ebbtide Properties LLC Attn: Ray Yates 1101 Ebbtide Road Corona Del Mar, CA 92635 100 & 102 Via Antibes Daniel D. Murphy 121 36th Street Newport Beach, CA 92663 NEWPORT CREST HOA 23726 BIRTCHER DR LAKE FOREST. CA 92630 JUNE 1, 2011 29 Ima Loma Court Raymond Jeffrey Yates Jill Susan Yates 1941 Commodore Road Newport Beach, CA 92660 533 Via Lido Soud Hugh A. Cripe 22642 Via Orvieto Monarch Beach, CA 92629 LIDO SANDS COMMUNITY ASSOCIATION 4831 LIDO SANDS DR NEWPORT BEACH. CA 92663 PA2011 -107 — DA2010 -001 Morningside Recovery Development Agreement jaded paad 81e1dwal®0gtg ekany qp alcIpedwo0 i 300iEayeldwalWE ® slacle-1jese-1 Lig6ettes laser Compatible avec le gabarit 5160® de Avery® 423 14323 SHARRON L HETZEL 109 VIA DIJON NEWPORT BEACH, CA 92663 423 14325 PETER BERG 101 VIA DIJON NEWPORT BEACH, CA 92663 423 14402 RESIDENT 206 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 14404 RESIDENT 210 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 14407 BRYN JHAN VAN HIEL 216 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 14410 RICHARD A BREWER 222 VIA LIDO NORD NEWPORT BEACH, CA 92663 935 880 02 RESIDENT 104 VIA ANTIBES NEWPORT BEACH, CA 92663 935 880 03 VIRGINIA DEY 1225 BAYSIDE DR #205 CORONA DEL MAR, CA 92625 938 890 02 MENGES 8650 SOLERA DR SAN JOSE, CA 95135 938 99004 RESIDENT 125 VIA ANTIBES NEWPORT BEACH, CA 92663 www.3M.com /labels 1 -800- 395 -1223 423 14324 RAYMOND HOLDSWORTH 2116 VIA RIVERA PALOS VERDES ESTATES, CA 90274 423 14401 EVELYN L TARZIAN 204 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 14403 JANET K SHAW 208 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 14405 SCHOCK 212 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 14408 RESIDENT 218 VIA LIDO NORD NEWPORT BEACH, CA 92663 935 88001 MAXINE MORRISON 177 RIVERSIDE AVE #1084 NEWPORT BEACH, CA 92663 935 88002 VIRGINIA DEY 1225 BAYSIDE DR CORONA DEL MAR, CA 92625 938 890 01 JEAN E ALLAN 860 MORNINGSIDE DR 4C320 FULLERTON, CA 92835 938 890 02 RESIDENT 119 VIA ANTIBES NEWPORT BEACH, CA 92663 938 890 05 RESIDENT 127 VIA ANTIBES NEWPORT BEACH, CA 92663 K;;4 +— P-1 423 14324 RESIDENT 107 VIA DIJON NEWPORT BEACH, CA 92663 423 14402 JOYCE BIRNKRANT 12620 NICKLAUS LN TUSTIN, CA 92782 423 14404 CAROL MOSS SPIVAK 175 HOMEWOOD RD LOS ANGELES, CA 90049 423 14406 MORAN CLAN LLC 214 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 14409 KENNETH JOHN MARGALA 220 VIA LIDO NORD NEWPORT BEACH, CA 92663 935 88001 RESIDENT 103 VIA BARCELONA NEWPORT BEACH, CA 92663 935 88003 RESIDENT 106 VIA ANTIBES NEWPORT BEACH, CA 92663 938 89001 RESIDENT 117 VIA ANTIBES NEWPORT BEACH, CA 92663 938 890 03 RESIDENT 121 VIA ANTIBES NEWPORT BEACH, CA 92663 938 890 06 D M ALLAN 123 VIA ANTIBES NEWPORT BEACH, CA 92663 PA2011 -107 - MORNINGSIDE DA I1 &102 VIA ANTIBES, 208 VIA LIDO SOUD r0 CREATED: JUNE 1, 2011 Jaded paej aieldwal®o9TS sNaAV qm algpedwoo OOOLEaIeldwalWE slagejjaseq Etiquettes laser Compatible avec le gabadt 5160® de Avery 423 142 12 CLASEN 107 VIA CORDOVA NEWPORT BEACH, CA 92663 423 14302 JAMES PRENTISS ARNOLD 104 VIA CORDOVA NEWPORT BEACH, CA 92663 423 14305 METZGER 100 OAK FOREST CIR GLENDORA, CA 91741 423 14306 RESIDENT 114 VIA CORDOVA NEWPORT BEACH, CA 92663 423 14308 HARTLEY J LANCASTER 234 E 17TH ST #118 COSTA MESA, CA 92627 423 143 10 JEFFREY P STOLROW 5491 MONTECITO DR SIERRA VISTA, AZ 85635 www3M.com /labels 1- 800 - 395 -1223 423 142 13 WESTERING 222 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 14303 DELONE GREEN 106 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 05 RESIDENT 110 VIA CORDOVA NEWPORT BEACH, CA 92663 423 14307 DANIEL D MURPHY 121 36TH ST NEWPORT BEACH, CA 92663 423 14308 RESIDENT 202 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 10 RESIDENT 206 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 12 423 143 13 REAGAN PAUL CONNALLY JR. MAHMOUD I ELGUINDY 210 VIA CORDOVA 225 VIA LIDO NORD NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 143 16 423 143 17 RESIDENT JACK FROST 217 VIA DIJON 4102 W KLING ST NEWPORT BEACH, CA 92663 BURBANK, CA 91505 423 143 18 423 143 18 DANIEL HOLLANDER RESIDENT 16787 BEACH BLVD 213 VIA DIJON HUNTINGTON BEACH, CA 92647 NEWPORT BEACH, CA 92663 423 14320 GRAY 203 VIA DIJON NEWPORT BEACH, CA 92663 423 14321 CARL W GRODACH JR. 117 VIA DIJON NEWPORT BEACH, CA 92663 423 14301 BARBARAJTURNER 250 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 14304 THOMAS M FLANAGAN 108 VIA CORDOVA NEWPORT BEACH, CA 92663 423 14306 BRANMAN 313 BUTTONWOOD DR BREA, CA 92821 423 14307 RESIDENT 200 VIA CORDOVA NEWPORT BEACH, CA 92663 423 14309 MOORE 204 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 11 DAVID G DUCLETT 208 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 16 CAROL F A LOFTIN 22041 JONESPORT LN HUNTINGTON BEACH, CA 92646 423 143 17 RESIDENT 215 VIA DIJON NEWPORT BEACH, CA 92663 423 143 19 L & G PARKER 209 VIA DIJON NEWPORT BEACH, CA 92663 423 14322 LARRY F MOREHEAD 111 VIA DIJON NEWPORT BEACH, CA 92663 jaded paaj ateldwal®092S ekanygalMalgltedwo0 9OOZEateldwalWE ® slage-1aase-1 Etiquettes laser www.3M.com /labels Compatible aveclegabarit5160 ®de Avery® 1- 800 - 395 -1223 423 13601 423 13601 423 13602 RESIDENT RESIDENT INTEGRATED FACILITIES LLC 204 VIA ANTIBES 206 VIA ANTIBES 10 GOODWILL CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 13602 423 14101 423 14102 RESIDENT PAUL MCCULLEY ANITA M ERICKSON 200 VIA ANTIBES 221 VIA LIDO SOUD 225 VIA LIDO SOUD NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 14104 423 14105 423 14106 KENNETH G ROBINSON GARY S BRILL JAN BRUCE BALTHASAR 233 VIA LIDO SOUD 235 VIA LIDO SOUD 239 VIA LIDO SOUD NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 14107 423 14107 423 14109 RESIDENT ROBERTA FEUERSTEIN ARNOLD FEUERSTEIN 301 VIA LIDO SOUD 508 30TH ST 508 30TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 42314109 42314111 42314111 RESIDENT MORRIS GORDON BAGNE JR. RESIDENT 305 VIA LIDO SOUD 801 S ACACIA AVE 231 VIA LIDO SOLID NEWPORT BEACH, CA 92663 FULLERTON, CA 92831 NEWPORT BEACH, CA 92663 423 141 12 423 141 12 423 14201 GEORGE SCHREYER RESIDENT ISLE COMMUNITY ASSN LIDO PO BOX 9685 229 VIA LIDO SOUD 701 VIA LIDO SOUD NEWPORT BEACH, CA 92658 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 14201 423 14202 423 14203 RESIDENT RILEY DENNIS L EVANS 110 VIA BARCELONA 200 VIA BARCELONA 204 VIA BARCELONA NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 14204 423 14205 423 14206 BERNICE C A RILEY TERRENCE CLARK SILVINA VACARRO 211 VIA LIDO NORD 217 VIA LIDO NORD 213 VIA CORDOVA NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 14207 423 14208 423 14209 GEORGE S KONUGRES KENNETH STANLEY BELL ALFRED SIMMONS 209 VIA CORDOVA 205 VIA CORDOVA 201 VIA CORDOVA NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 142 10 423 142 11 423 142 11 STEVEN BRAY DENISE M BONNER RESIDENT 115 VIA CORDOVA 1111 VIA CORDOVA I I I VIA CORDOVA NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 jadedpaad aleldwal m09T9 Many 41n algpedwo0 300TEate1dwalWE ® slageljase-1 Etiouettes laser Compatible avec le gabarit 5160® de Avery® 423 13201 RESIDENT 104 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13202 RESIDENT 102 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13203 RESIDENT 111 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 13206 MARY JROGERS 2183 SILVERADO ST SAN MARCOS, CA 92078 423 13206 RESIDENT 103 VIA ANTIBES NEWPORT BEACH, CA 92663 423 13302 RESIDENT 108 VIA ANTIBES NEWPORT BEACH, CA 92663 423 13304 RESIDENT 102 VIA ANTIBES NEWPORT BEACH, CA 92663 423 13401 ROGER K DUERR 203 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13404 ROBERT E DODDS 213 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13501 RESIDENT 200 VIA LIDO NORD NEWPORT BEACH, CA 92663 www.3M.com /labels 1 -800- 395 -1223 423 13202 RESIDENT 101 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 13202 RESIDENT 100 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13202 423 13203 SWANCUTT LLC JAMES L & MARGARET BERENS 9099 BLACKBIRD AVE 25242 SPINDLEWOOD FOUNTAIN VALLEY, CA 92708 LAGUNA NIGUEL, CA 92677 423 13205 HOUSE L P COUNTRY 4601 ROXBURY RD CORONA DEL MAR, CA 92625 423 13206 RESIDENT 101 VIA ANTIBES 1/2 NEWPORT BEACH, CA 92663 423 133 01. BARBARA B SOROS 9662 VILLA WOODS DR VILLA PARK, CA 92861 423 13302 ROSALYN L BINNING 108 VIA ANTIBES #C NEWPORT BEACH, CA 92663 423 13304 RESIDENT 208 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13402 EDWARD B ROBINSON 205 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13405 HENRI V CHOMEAU 215 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13601 JOYCE REAUME 1140 REXFORD AVE PASADENA, CA 91107 423 13205 RESIDENT 105 VIA ANTIBES NEWPORT BEACH, CA 92663 423 13206 RESIDENT 101 VIA ANTIBES NEWPORT BEACH, CA 92663 423 13301 RESIDENT 112 VIA ANTIBES NEWPORT BEACH, CA 92663 423 13304 DANIEL D MURPHY 121 36TH ST NEWPORT BEACH, CA 92663 423 13304 RESIDENT 100 VIA ANTIBES NEWPORT BEACH, CA 92663 423 13403 TWIST 209 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13406 DONALD SPITZ 219 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13601 RESIDENT 204 VIA ANTIBES 1/2 NEWPORT BEACH, CA 92663 We .raded poad ateldwal e09T9 eAiaAV qm algpedwo3 OOT£ateldwalWE ® slage-1 jase-I Eticjuettes laser Compatible avec le gabarit 5160® de Aver} 423 131 01 J014N BOOTSMA 32190 RAMONA EXPRESSWAY WAN LAKEVIEW, CA 92567 423 13103 MICHAEL J MEISENBACH 122 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 13106 RESIDENT 116 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 131 10 ROBERT L BAKER 108 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 131 12 RESIDENT 104 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 131 13 RESIDENT 100 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 131 17 JESS E MENDOZA PO BOX 1279 NEWPORT BEACH, CA 92659 www.3M.com /labels 1- 800 - 395 -1223 423 13101 RESIDENT 128 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 13104 JULE C MARSHALL 120 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 13106 SHELLY DOHRMAN 20693 DEODAR DR YORBA LINDA, CA 92886 423 131 11 DAVID V ADAMS 915 WILSHIRE BLVD #1760 LOS ANGELES, CA 90017 423 131 12 TIMOTHY JAMES MULLAHEY 4620 E CERRO VISTA DR ANAHEIM, CA 92807 :uL 423 13102 JOSE M GONZALEZ 124 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 131 05 FOX 118 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 13107 DAN L MCGURK 114 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 131 11 RESIDENT 106 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 131 13 MARTIN B WEINBERG 19200 VON KARMAN AVE #380 IRVINE, CA 92612 423 131 14 423 131 14 LA HABRA AUTO CENTER LLC RESIDENT 2300 MESA DR 101 VIA LIDO SOLID NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92663 423 131 17 RESIDENT 107 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 131 19 423 131 19 JOHN NEIDLINGER RESIDENT 17570 POSETANO RD 113 VIA LIDO SOUD PACIFIC PALISADES, CA 90272 NEWPORT BEACH, CA 92663 423 13120 RESIDENT 117 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13123 ROBERT M BENNETT 103 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13121 GRACE DAY VINCENTI 119 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13201 M E KOFFORD JR. 105 VIA ORVIETO NEWPORT BEACH, CA 92663 423 131 18 MATTHEW J WHITMAN 111 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 13120 EVA ACOSTA 2248 S OAK KNOLL AVE SAN MARINO, CA 91108 423 131 22 BERIT MONSRUD MITCHELL 112 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 13201 RESIDENT 106 VIA LIDO SOLID NEWPORT BEACH, CA 92663 jaded paaj aleldwe- LeogS &antl gllM algpedwo0 - 00TEaleldwalWE ® slagel aasel .Etiquettes laser www.3M.comllebels Compatbleaveclegabarit5160 ®de Avery° 1- 800 - 395 -1223 933 941 03 933 941 03 MARTIN V & MELINDA M RESIDENT MARTEN 115 40TH ST PO BOX 287 NEWPORT BEACH, CA 92663 SPIRIT LAKE, IA 51360 933 941 04 933 941 07 RESIDENT LOUIS LOPEZ 115 40TH ST 1/2 129 39TH ST #A NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 933 941 08 933 941 08 ZAKI RESIDENT 8 N SLOPE IN 129 39TH ST 1/2 POMONA, CA 91766 NEWPORT BEACH, CA 92663 CREATED JUNE 1, 2011 933 941 04 PASCAL & AGNES L TRAN 7 HIBISCUS IRVINE, CA 92620 933 94107 RESIDENT 129 39TH ST NEWPORT BEACH, CA 92663 PA2011 -107 MORNINGSIDE DA 39TI Street jaded paaj e1e1dwal009TS oAj@AV pm algl;edwo0 �OOL£aae�dwalyyE ® slege-1aase -I •�tiquettes laser Compatible avec le gabadt 5160® de Avery® 423 307 12 RAYMOND R & DEBORAH A SCHARFE 273 GOLDENROD ST- BREA, CA 92821 423 30806 ANDREW L GREEN 3810 BALBOA BLVD W NEWPORT BEACH, CA 92663 423 30809 RESIDENT 205 38TH ST NEWPORT BEACH, CA 92663 423 312 10 TRACI T WARDY 3535 E COAST HWY #363 CORONA DEL MAR, CA 92625 423 312 11 STEVEN J TURANSKY 111 40TH ST #A -B NEWPORT BEACH, CA 92663 423 312 14 RESIDENT 121 40TH ST 1/2 NEWPORT BEACH, CA 92663 423 312 16 THOMAS D ARNOLD 118 VIA ITHACA NEWPORT BEACH, CA 92663 423 312 17 RESIDENT 127 40TH ST NEWPORT BEACH, CA 92663 423 312 18 RESIDENT 129 40TH ST A NEWPORT BEACH, CA 92663 423 31307 RESIDENT 4003 SEASHORE DR B NEWPORT BEACH, CA 92663 www.3M.com /labels 1- 800- 395 -1223 423 308 05 MICHAEL K O'MALLEY 206 39TH ST NEWPORT BEACH, CA 92663 423 308 07 GARY R & C D KOLLER 3811 RIVER AVE NEWPORT BEACH, CA 92663 423 308 10 SCOTT C RICHARDSON 15978 VIRGINIA POINT RD NE POULSBO, WA 98370 423 312 10 RESIDENT 4000 SEASHORE DR B NEWPORT BEACH, CA 92663 423 312 11 RESIDENT 111 40TH ST NEWPORT BEACH, CA 92663 423 312 15 LOIS M WADSWORTH 537 W SANTA CLARA AVE SANTA ANA, CA 92706 423 312 16 RESIDENT 125 40TH ST NEWPORT BEACH, CA 92663 423 312 18 WILLIAM FREY 24891 NELLIE GAIL RD LAGUNA HILLS, CA 92653 423 313 07 BARBARA A TOLMAN 3214 OCEAN FRONT W NEWPORT BEACH, CA 92663 423 313 08 KENNETH TOLMAN 3214 OCEAN FRONT W NEWPORT BEACH, CA 92663 423 308 05 RESIDENT 206 39TH ST 1/2 NEWPORT BEACH, CA 92663 423 30809 NICHOLA C GURMIN 214 JACARANDA PL FULLERTON, CA 92832 423 308 10 RESIDENT 207 38TH ST NEWPORT BEACH, CA 92663 423 312 10 RESIDENT 4000 SEASHORE DR A NEWPORT BEACH, CA 92663 423 312 14 EDWIN H VAN DEN BOSSCHE 121 40TH ST NEWPORT BEACH, CA 92663 423 312 15 RESIDENT 123 40TH ST NEWPORT BEACH, CA 92663 423 312 17 KELLY F MCDONOUGH 33821 CHULA VISTA AVE DANA POINT, CA 92629 423 312 18 RESIDENT 129 40TH ST B NEWPORT BEACH, CA 92663 423 313 07 RESIDENT 4003 SEASHORE DR A NEWPORT BEACH, CA 92663 423 31308 RESIDENT 4001 SEASHORE DR B NEWPORT BEACH, CA 92663 jadedpaad ateldwale09iS®tianygtlMalggedwo0 :)-00t£9jeldwalW£ © slagej jase-I Etiquettes laser www.3M.com /labels Compatible aveclegabarit5160 ®de Avery® 1- 800 - 395 -1223 423 313 08 423 313 08 423 321 01 RESIDENT RESIDENT PATI K KAMERMAN 4001 SEASHORE DR A 4001 SEASHORE DR C 8609 VINEYARD RIDGE RD NE NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 ALBUQUERQUE, NM 87122 423 321 01 423 321 01 423 321 02 RESIDENT RESIDENT DOUGLAS E BILLINGS 130 40TH ST 1/2 130 40TH ST 128 40TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 32103 423 321 03 423 321 04 MARY F BACCARO RESIDENT TRISTAN L & JOANNE J ALEY 126 40TH ST 126 40TH ST 1/2 124 40TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 321 06 423 321 06 423 321 06 ASKIN NEWPORT LLC RESIDENT RESIDENT 806 WILSON ST 118 40TH ST 1/2 118 40TH ST LAGUNA BEACH, CA 92651 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 32107 423 321 07 423 321 08 TAMOTSU TANAKA RESIDENT G & S PROPERTIES 1300 ANTIGUA WAY 114 40TH ST 2528 OAKMONT AVE NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92663 SANTA ANA, CA 92706 423 32108 423 321 09 423 321 09 RESIDENT AMEN WARDY RESIDENT 112 40TH ST 3535 E COAST HWY #363 3980 SEASHORE DR NEWPORT BEACH, CA 92663 CORONA DEL MAR, CA 92625 NEWPORT BEACH, CA 92663 423 321 09 423 321 09 423 321 10 RESIDENT RESIDENT WILLIAM G MCNAMARA 3960 SEASHORE DR 110 40TH ST 109 39TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 321 11 423 321 12 423 321 12 DAVID F DIAMOND T MUTHU KUMAR RESIDENT 111 39TH ST 26 FINCA 115 39TH ST NEWPORT BEACH, CA 92663 SAN CLEMENTE, CA 92672 NEWPORT BEACH, CA 92663 423 321 13 423 321 14 423 321 14 WILLIAM L EBELING MARGARET A SANDIE RESIDENT 119 39TH ST 6827 DUCHESS DR 121 39TH ST NEWPORT BEACH, CA 92663 WHITTIER, CA 90606 NEWPORT BEACH, CA 92663 423 321 15 423 321 15 423 321 15 LAURIE E STIEL RESIDENT RESIDENT 4611 SEASHORE DR 123 39TH ST 1/2 123 39TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 jaded paa3 aleldwal e09T9 many yl!m algpedwo0 300TEaleldwalWE a slage-1.jase-1 Etiquettes laser www.3M.com /labels Compatible aveclegabait5160 0deAvery® 1 -800- 395 -1223 423 321 16 RICHARD B S WINNEY 2029 PORT BRISTOL CIR NEWPORT BEACH, CA 92660 423 321 17 ROBERT A SANDOVAL 5611 DAWES AVE ALEXANDRIA, VA 22311 423 32201 RICHARD E SPRAGUE 130 39TH ST NEWPORT BEACH, CA 92663 423 321 16 RESIDENT 125 39TH ST 1/2 NEWPORT BEACH, CA 92663 423 321 17 RESIDENT 127 39TH ST NEWPORT BEACH, CA 92663 423 32202 T MUTHU KUMAR 26 FINCA SAN CLEMENTE, CA 92672 423 322 03 423 322 03 EDWARD JOSEPH VERGARA RESIDENT 5831 TROPHY DR 126 39TH ST HUNTINGTON BEACH, CA 92649 NEWPORT BEACH, CA 92663 423 32204 RICHARD MAGE KELLER 9364 HAZEN DR BEVERLY HILLS, CA 90210 423 322 05 RESIDENT 122 39TH ST NEWPORT BEACH, CA 92663 423 32208 JUNE PARTNERSHIP 3419 VIA LIDO #617 NEWPORT BEACH, CA 92663 423 322 09 RESIDENT 112 39TH ST NEWPORT BEACH, CA 92663 423 322 10 RESIDENT 3810 SEASHORE DR NEWPORT BEACH, CA 92663 423 322 11 RESIDENT 3804 SEASHORE DR NEWPORT BEACH, CA 92663 423 32204 RESIDENT 124 39TH ST NEWPORT BEACH, CA 92663 423 322 06 EDWARD JOHNSON 120 39TH ST NEWPORT BEACH, CA 92663 423 32208 RESIDENT 114 39TH ST NEWPORT BEACH, CA 92663 423 322 10 BEN E & SALLY LOFSTEDT 17440 LORI ANN LN CERRITOS, CA 90703 423 321 16 RESIDENT 125 39TH ST NEWPORT BEACH, CA 92663 423 321 19 GEORGE APPLEBAUM 131 39TH ST NEWPORT BEACH, CA 92663 423 322 02 RESIDENT 128 39TH ST NEWPORT BEACH, CA 92663 423 322 03 RESIDENT 126 39TH ST 1/2 NEWPORT BEACH, CA 92663 423 322 05 WILLIAM P WEIR 125 EMERALD BAY LAGUNA BEACH, CA 92651 423 322 07 II8 39TH STREET LLC 118 39TH ST NEWPORT BEACH, CA 92663 423 322 09 FORTE INVESTMENTS LLC 1308 BEVERLY ESTATES DR BEVERLY HILLS, CA 90210 423 322 10 RESIDENT 3812 SEASHORE DR NEWPORT BEACH, CA 92663 423 322 11 423 322 11 RANDAL C GALE RESIDENT 1840 W WHITTIER BLVD 3800 SEASHORE DR LA HABRA HEIGHTS, CA 90631 NEWPORT BEACH, CA 92663 423 322 12 JULIO A BYPASS CARIAS 412 W LINCOLN AVE MONTEBELLO, CA 90640 423 322 12 RESIDENT 111 38TH ST NEWPORT BEACH, CA 92663 jaded paaj aleldwal o09TS sAjeAV q;Im algpedwo0 - 00TEaaedwalWE ® slage-Ijasel Etiquettes laser www.3M.com /labels Compatible aveclegabarit5160 3deAverya 1 -600- 395 -1223 423 322 13 JOAN MONICA WAKEN 115 38TH ST NEWPORT BEACH, CA 92663 423 322 14 RESIDENT 117 38TH ST NEWPORT BEACH, CA 92663 423 322 16 LOREN PETER HANSEN 500 38TH ST NEWPORT BEACH, CA 92663 423 322 17 RESIDENT 123 38TH ST 1/2 NEWPORT BEACH, CA 92663 423 322 19 LOREN WAYNE BRUCKER 316 CORONADO ST NEWPORT BEACH, CA 92661 423 322 20 SUSAN HARKER 1954 MONROVIA AVE COSTA MESA, CA 92627 423 32301 38 STREET NEWPORT BEACH 1211 PORTSIDE WAY CORONA DEL MAR, CA 92625 423 323 04 RESIDENT 3709 BALBOA BLVD NEWPORT BEACH, CA 92663 423 323 05 RESIDENT 3707 BALBOA BLVD NEWPORT BEACH, CA 92663 423 323 06 RESIDENT 3705 BALBOA BLVD A NEWPORT BEACH, CA 92663 423 322 13 RESIDENT 115 38TH ST 1/2 NEWPORT BEACH, CA 92663 423 322 15 GEORGE HALBURIAN 2207 RIM RD BRADBURY, CA 91008 423 322 16 RESIDENT 121 38TH ST NEWPORT BEACH, CA 92663 423 322 18 SALLY ANN RIEBHOFF 10211 VASSAR AVE CHATSWORTH, CA 91311 423 322 19 RESIDENT 127 38TH ST NEWPORT BEACH, CA 92663 423 322 20 RESIDENT 129 38TH ST B NEWPORT BEACH, CA 92663 423 323 01 RESIDENT 124 38TH ST NEWPORT BEACH, CA 92663 423 322 14 CATHERINE A WILEY 52881 WHIRLAWAY TRL LA QUINTA, CA 92253 423 322 15 RESIDENT 119 38TH ST NEWPORT BEACH, CA 92663 423 322 17 CASITAS BMV LLC 123 38TH ST NEWPORT BEACH, CA 92663 423 322 18 RESIDENT 125 38TH ST NEWPORT BEACH, CA 92663 423 322 19 RESIDENT 127 38TH ST 1/2 NEWPORT BEACH, CA 92663 423 322 20 RESIDENT 129 38TH ST A NEWPORT BEACH, CA 92663 423 323 04 CLAUDE A GAMMEL PO BOX 3302 NEWPORT BEACH, CA 92659 423 323 05 423 323 05 TORY SIRKIN RESIDENT 612 1 ITH ST 3707 BALBOA BLVD 1/2 HUNTINGTON BEACH, CA 92648 NEWPORT BEACH, CA 92663 423 323 06 VICIOSO 1211 CORONA AVE NORCO, CA 92860 423 323 09 MONOS LLC 339.5 ARDEN AVE 95 GLENDALE, CA 91203 423 323 06 RESIDENT 3705 BALBOA BLVD B NEWPORT BEACH, CA 92663 423 323 09 RESIDENT 120 38TH ST NEWPORT BEACH, CA 92663 jaded paaj aleldwal®09TS mUany qvM alcipedwo0 �OOT£aaeldwalWE ® slage-1jase-1 �tiquettes laser www.3M.com /labels Compatible aveclegabadt5160 ®de Avery® 1-800- 395 -1223 423 323 09 RESIDENT 120 38TH ST 1/2 NEWPORT BEACH, CA 92663 423 323 12 ANNETTE O'KEEFE MARTIN 6910 FERNCROFT AVE SAN GABRIEL, CA 91775 423 323 13 RESIDENT 112 38TH ST NEWPORT BEACH, CA 92663 423 323 15 DAVID J PRICKETT PO BOX 9884 NEWPORT BEACH, CA 92658 423 323 16 KENNETH L RAWSON PO BOX 1221 NEWPORT BEACH, CA 92659 423 323 17 ANNA M COOK 11119 EL ARCO DR WHITTIER, CA 90604 423 323 18 RESIDENT 117 37TH ST NEWPORT BEACH, CA 92663 423 323 10 II8 -38TH ST LLC 118 38TH ST NEWPORT BEACH, CA 92663 423 323 12 RESIDENT 114 38TH ST NEWPORT BEACH, CA 92663 423 323 14 RANGER 3710 SEASHORE DR NEWPORT BEACH, CA 92663 423 323 15 RESIDENT 3704 SEASHORE DR NEWPORT BEACH, CA 92663 423 323 16 RESIDENT 111 37TH ST B NEWPORT BEACH, CA 92663 423 323 17 RESIDENT 115 37TH ST NEWPORT BEACH, CA 92663 423 323 19 EDWARD JOHNSON 120 39TH ST NEWPORT BEACH, CA 92663 423 32320 423 323 20 DAVID B HAKEWESSELL RESIDENT 1252 W PARK WESTERN DR #94 121 37TH ST A SAN PEDRO, CA 90732 NEWPORT BEACH, CA 92663 423 324 01 JOFFREY LUPUL 0 36TH ST NEWPORT BEACH, CA 92663 423 324 02 RESIDENT 3713 SEASHORE DR NEWPORT BEACH, CA 92663 423 324 01 RESIDENT 3715 SEASHORE DR NEWPORT BEACH, CA 92663 423 324 03 LOUIS GERALD MILLER 908 N REXFORD DR BEVERLY HILLS, CA 90210 TL,_ 423 323 11 KEVIN BURKE KELLY 116 38TH ST NEWPORT BEACH, CA 92663 423 323 13 PATRICIA P WOOD 1 WITHERSPOON #238 IRVINE, CA 92604 423 323 14 RESIDENT 3712 SEASHORE DR NEWPORT BEACH, CA 92663 423 323 15 RESIDENT 3700 SEASHORE DR NEWPORT BEACH, CA 92663 423 323 16 RESIDENT 111 37TH ST A NEWPORT BEACH, CA 92663 423 323 18 THOMAS W SUMMERFIELD PO BOX 2767 SANTA FE SPRINGS, CA 90670 423 323 19 RESIDENT 119 37TH ST NEWPORT BEACH, CA 92663 423 323 20 RESIDENT 121 37TH ST B NEWPORT BEACH, CA 92663 423 324 02 KHALDOUN S SROUJIEH 1733 MELWOOD DR GLENDALE, CA 91207 423 324 03 RESIDENT 3711 SEASHORE DR NEWPORT BEACH, CA 92663 jaded paad aleldwal¢09TS &any ylln+ elggedwo0 - 001£ajeldwalW£ ® slagel.lase-1 Etiquettes laser Compatible avec le gabarit.51600 de Avery® 423 324 04 WARREN FULMER 16 VIA DIAMANTE NEWPORT COAST, CA 92657 423 324 06 WILLIAM C Y LEE 4435 DEER RIDGE RD DANVILLE, CA 94506 423 324 07 RESIDENT 3703 SEASHORE DR NEWPORT BEACH, CA 92663 423 32501 NASIR MUSA Y 335 SHARON RD ARCADIA, CA 91007 423 32502 RESIDENT 3811 SEASHORE DR 1/2 NEWPORT BEACH, CA 92663 423 32505 MONICA S MOY 53 VERNAL SPG IRVINE, CA 92603 423 32506 RESIDENT 3803 SEASHORE DR NEWPORT BEACH, CA 92663 www.3M.com /labels 1- 800 - 395 -1223 423 324 04 RESIDENT 3709 SEASHORE DR NEWPORT BEACH; CA 92663 423 32406 RESIDENT 3705 SEASHORE DR NEWPORT BEACH, CA 92663 423 324 08 ARCH ROCK LLC 2101 E COAST HWY 9300 CORONA DEL MAR, CA 92625 423 32501 RESIDENT 3815 SEASHORE DR NEWPORT BEACH, CA 92663 423 32503 SERGIO AVILA 3809 SEASHORE DR NEWPORT BEACH, CA 92663 423 325 05 RESIDENT 3805 SEASHORE DR NEWPORT BEACH, CA 92663 423 325 07 SCOTT B SHERMAN PO BOX 77337 CORONA, CA 92877 423 326 01 423 32601 MARION LAUREL JANE PLATO RESIDENT 12573 WESTMONT DR 3917 SEASHORE DR MOORPARK, CA 93021 NEWPORT BEACH, CA 92663 423 326 02 RESIDENT 3915 SEASHORE DR NEWPORT BEACH, CA 92663 423 326 04 RANDY HOOD 3909 SEASHORE DR NEWPORT BEACH, CA 92663 423 326 03 BARRY J FIELDMAN 2061 TROON DR HENDERSON, NV 89074 423 32605 3907 SEASHORE PROPERTIES LLC 1698 ROSEMIST LN CHINO HILLS, CA 91709 1 423 324 05 KHARA 3707 SEASHORE DR NEWPORT BEACH, CA 92663 423 324 07 GEORGE P HAJJAR 2405 BELLEVIEW RD UPLAND, CA 91784 423 324 08 RESIDENT 3701 SEASHORE DR NEWPORT BEACH, CA 92663 423 32502 TORIN WPAVIA 3811 SEASHORE DR NEWPORT BEACH, CA 92663 423 325 04 ANITA M DORNEY 3807 SEASHORE DR NEWPORT BEACH, CA 92663 423 32506 PIATT- BOSSERMAN 2803 SEASHORE DR NEWPORT BEACH, CA 92663 423 325 07 RESIDENT 3801 SEASHORE DR NEWPORT BEACH, CA 92663 423 326 02 RICHARD NOEL SALMONSON 822 PRODUCTION PL NEWPORT BEACH, CA 92663 423 326 03 RESIDENT 3911 SEASHORE DR NEWPORT BEACH, CA 92663 423 32605 RESIDENT 3907 SEASHORE DR NEWPORT BEACH, CA 92663 u1 jadedpaad aleldwaie09IS�anyg3!malglledw00 - 00TSg1o�dwalWE ® slage�aase� Etiquettes laser Campatible avec le gabarit 5160® de Avery® 423 32606 JOHN K OBRJEN PO BOX 3209 NEWPORT BEACH, CA 92659 423 32607 RESIDENT 3903 SEASHORE DR NEWPORT BEACH, CA 92663 933 940 10 ANGELA J PADGETT 205 39TH ST #A NEWPORT BEACH, CA 92663 933 940 11 RESIDENT 205 39TH ST 1/2 NEWPORT BEACH, CA 92663 933 940 46 RIMMER 278 MORNING CANYON RD CORONA DEL MAR, CA 92625 933 940 57 CHRIS SCHROEDER 21184 DEERPATH LAKE FOREST, CA 92630 933 94061 MICHAEL P THIELEN 2610 VANDERBILT LN #C REDONDO BEACH, CA 90278 933 94075 WATSON 5786 BERYL ST RANCHO CUCAMONGA, CA 91737 933 94092 RESIDENT 122 40TH ST NEWPORT BEACH, CA 92663 933 940 94 RESIDENT 120 40TH ST NEWPORT BEACH, CA 92663 www.W.com /labels 1- 800 - 395 -1223 423 326 06 RESIDENT 3905 SEASHORE DR NEWPORT BEACH, CA 92663 423 326 08 THEODORE 0 STEIN JR. 16869 OAK VIEW DR ENCINO, CA 91436 933 940 10 RESIDENT 205 39TH ST NEWPORT BEACH, CA 92663 933 940 45 CAROL LYNN RIMMER 2101 YACHT GRAYLING NEWPORT BEACH, CA 92660 933 940 46 RESIDENT 119 40TH ST 1/2 NEWPORT BEACH, CA 92663 933 940 57 RESIDENT 3711 BALBOA BLVD NEWPORT BEACH, CA 92663 933 940 61 RESIDENT 3713 BALBOA BLVD 1/2 NEWPORT BEACH, CA 92663 933 940 75 RESIDENT 3703 BALBOA BLVD B NEWPORT BEACH, CA 92663 933 940 93 RESIDENT 122 40TH ST B NEWPORT BEACH, CA 92663 933 940 95 DON GUY SOWERS 120 40TH ST #B NEWPORT BEACH, CA 92663 3m 423 326 07 WILLIAM H MAY 18471 VILLA DR VILLA PARK, CA 92861 423 326 08 RESIDENT 3901 SEASHORE DR NEWPORT BEACH, CA 92663 933 940 11 RAYMOND SCHARFE 273 GOLDENROD ST BREA, CA 92821 933 940 45 RESIDENT 119 40TH ST NEWPORT BEACH, CA 92663 933 940 56 DAVID LUND 3711.5 BALBOA BLVD W NEWPORT BEACH, CA 92663 933 940 60 JOHN RAZZANO 3713 W BALBOA BLVD NEWPORT BEACH, CA 92663 933 940 74 JESUS G GARCIA 3703 W BALBOA BLVD #A NEWPORT BEACH, CA 92663 933 940 92 PAULAJLEYTON 18402 W TERRACE LN YORBA LINDA, CA 92886 933 94094 JEFFREY B CUNNINGHAM 129 KAREN WAY ATHERTON, CA 94027 933 940 95 RESIDENT 120 40TH ST 1/2 NEWPORT BEACH, CA 92663 jaded peed 81e1dwal e09T9 etiany ql!m apledwo0 OOOTEaleldwalW6 ® slagelaase-1 i •.. ' -- ap sues ®uyis ®Ana u mn nv iegeo a� zasi wortiane"nnnnnn , ap u� ;e eany)ey e� a zaijdaa i p salad a same; sauanbi ;3 932 583 09 SAMEH A SOLIMAN 7 MOONLIGHT ISLE LADERA RANCH, CA 92694 932 583 11 RESIDENT 2 TRIBUTE CT NEWPORT BEACH, CA 92663 932 583 10 JEFFREY H PEDDIE 3 TRIBUTE CT NEWPORT BEACH, CA 92663 932 583 12 DERRIC & ERIN C POLLARD 1427 NEWPORTER WAY NEWPORT BEACH, CA 92660 932 583 11 FRANK CASCO JR. 30 SYLVAN IRVINE, CA 92603 932 583 12 RESIDENT I TRIBUTE CT NEWPORT BEACH, CA 92663 932 583 13 932 583 13 932 583 14 AARON WING RESIDENT GREGORY MARCHMAN 8 ESCAPADE CT #313 8 ESCAPADE CT 7 ESCAPADE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 583 15 932 583 16 932 583 16 RICHARD A SIMPSON DANIEL LEEDY RESIDENT 6 ESCAPADE CT 9788 ARGYLE DR 5 ESCAPADE CT NEWPORT BEACH, CA 92663 HUNTINGTON BEACH, CA 92646 NEWPORT BEACH, CA 92663 932 583 17 ABE LEE BLAIK 4 ESCAPADE CT NEWPORT BEACH, CA 92663 932 583 19 RESIDENT 2 ESCAPADE CT NEWPORT BEACH, CA 92663 932 583 18 DIANNE KANAVALOFF 3 ESCAPADE CT NEWPORT BEACH, CA 92663 932 583 20 JEFFREY A WILLIAMS 1 ESCAPADE CT #320 NEWPORT BEACH, CA 92663 CREATED: JUNE 1, 2011 932 583 19 JONATHAN B GANDHI 2526 SANTA CATALINA DR #10` COSTA MESA, CA 92626 932 583 20 RESIDENT 1 ESCAPADE CT NEWPORT BEACH, CA 92663 PA2011 -107 MORNINGSIDE DA 29 IMA LOA COURT Y i a 7 wa6p3 dn•dod asodxa jaded Rad , ®09L5 aieldwal @luny asn wa0965 ®AN�V oiauil6uolepua8 i ® O � slaQe'1 plaad Rse3 1 AOJ / \V-V:lVYO -Y ' ' u!oa °�.!anemmnn 1114 170 43 NEWPORT BEACH CHEROKEE NA PO BOX 11164 BAKERSFIELD, CA 93389 932 580 02 LORRAINE C BERNARDY 16 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 05 2918 PAPER LANE LLC 20062 SW BIRCH ST 4300 NEWPORT BEACH, CA 92660 932 580 07 RICARDO PASALAGUA 19 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 09 RESIDENT 21 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 11 JENNIFER J PERKINS 1 BARLOVENTO CT 411 NEWPORT BEACH, CA 92663 932 580 13 MARK GONZALEZ 2 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 15 CHRISTINE ANN MCKEEN 6271 E TRAIL DR ANAHEIM, CA 92807 932 580 16 STAN MOORE 1 VICTORIA CIR ROWLETT. TX 75088 932 580 18 ALEX I HOROWITZ 933 FORBES DR BREA, CA 92821 v i g09L5 ®AN3AV i 11-11-1 W °yw of op sues ap UP a tR4 el F aallday v 932 580 01 RESIDENT 15 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 03 GARY B SEATON 17 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 05 RESIDENT 102 COLUMBIA ST NEWPORT BEACH, CA 92663 ®UVLh ®AlldA9 1!.le4eu ai cda!!!Al salad q sollae; sauanbl14 932 580 01 SOUFI SIADAT NA PO BOX 2483 NEWPORT BEACH, CA 92659 932 580 04 KIMBERLY A RADEN 100 COLUMBIA ST NEWPORT BEACH, CA 92663 932 580 06 JAMES M PETTIT 18 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 08 932 580 08 CHARLES F PLHAK JR. RESIDENT 6786 TURF DR 20 BARLOVENTO CT HUNTINGTON BEACH, CA 92648 NEWPORT BEACH, CA 92663 932 580 09 932 580 10 THOMAS G HARRIS CHRIS FENNER 1840 WEDGEWOOD AVE 22 BARLOVENTO CT UPLAND, CA 91784 NEWPORT BEACH, CA 92663 932 580 11 932 580 12 RESIDENT MICHAEL CARLISLE 1 BARLOVENTO CT 2 BARLOVENTO CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 580 13 932 580 14 RESIDENT HENRY CHRISTOPHER COMEAI 3 BARLOVENTO CT 4 BARLOVENTO CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 580 15 932 580 16 RESIDENT RESIDENT 5 BARLOVENTO CT 200 COLUMBIA ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 580 17 932 580 17 JENNIFER MARIE DEFALCO RESIDENT 204 COLUMBIA ST 417 204 COLUMBIA ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 580 18 932 580 19 RESIDENT WILLIAM EUGENE CARDWELL 6 BARLOVENTO CT 7 BARLOVENTO CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 P w,agp3 do-d0d asodxa laded paal Y al au Wale puag a� 00965 a ;eldwal oAanp ash ! slage, ®laad Ase3 , nnanv-a»-uun-� ' wox�t.!anennabeNe 932 580 20 FRANK L RYAN 8 BARLOVENTO CT #20 NEWPORT BEACH, CA 92663 932 580 21 ROCHELLE L BELOVE 1125 WHITE SAILS WAY CORONA DEL MAR, CA 92625 932 580 23 PAUL BIBERKRAUT 11 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 26 CHARLES DONALD BRUNER 11 SERENA CT NEWPORT BEACH, CA 92663 932 580 28 AGNIESZKA CZERNATOWICZ 9 SERENA CT NEWPORT BEACH, CA 92663 932 580 31 CHRISTINA A SEARING 6 SERENA CT NEWPORT BEACH, CA 92663 932 58033 RESIDENT 1 SERENA CT NEWPORT BEACH, CA 92663 932 58035 MICHAEL ALTI 3 SERENA CT NEWPORT BEACH, CA 92663 932 580 37 RESIDENT 300 COLUMBIA ST NEWPORT BEACH, CA 92663 932 580 40 GLENN & C DONAHUE 39 BRIDGEPORT RD NEWPORT BEACH, CA 92657 wlul 1 -uvd W-4— -1 .-W-V ...aP SiIB$ -•- ap ul ;e amgaoy el q xa!ldaH 932 580 20 RESIDENT 8 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 22 JANE F HOFFNER 10 BARLOVENTO CT #22 NEWPORT BEACH, CA 92663 932 580 24 DAVID M SQUIRE 12 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 27 ALEC RICHARD PARKER 21 MIRADOR IRVINE, CA 92612 932 580 29 ERIC L WERNER 8 SERENA CT NEWPORT BEACH, CA 92663 932 580 32 CHARLES M SHARP 5 SERENA CT NEWPORT BEACH, CA 92663 932 580 34 KENNETH M REINACH 2 SERENA CT #34 NEWPORT BEACH, CA 92663 932 580 36 JAMES D BODE 4 SERENA CT NEWPORT BEACH, CA 92663 932 580 38 DEBORAH A BUZICK 302 COLUMBIA ST NEWPORT BEACH, CA 92663 932 580 40 RESIDENT 306 COLUMBIA ST NEWPORT BEACH, CA 92663 i ®U9LS (gAtl3AV 4!Aegeu ai zas!mn jalad q salhe} saual&q 932 580 21 RESIDENT 9 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 22 RESIDENT 10 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 25 GLORIA J ALKIRE 14 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 27 RESIDENT 10 SERENA CT NEWPORT BEACH, CA 92663 932 580 30 RICHARD COURSHON 7 SERENA CT NEWPORT BEACH, CA 92663 932 580 33 BLAIR 535 RIVERSIDE AVE NEWPORT BEACH, CA 92663 932 580 34 RESIDENT 2 SERENA CT NEWPORT BEACH, CA 92663 932 580 37 MARY JANE MENDIOLA PO BOX 15493 NEWPORT BEACH, CA 92659 932 580 39 BRIAN SCOTT HOLLABAUGH 304 COLUMBIA ST NEWPORT BEACH, CA 92663 932 580 41 LARRY VIGIL 308 COLUMBIA ST NEWPORT BEACH, CA 92663 P ,,,agp3 dllwdod asadxa aadvd paai r ®0965 aleldwal &sjany asn �09LS ®A�03F4V i 01 auil fiuole puag p i l sla4el ®Iaad Ase3 Aaa/nv-ww-uua -& worfmaAe-huAm 932 580 42 JOHN & AUTUMN EMME 1 BARUNA CT NEWPORT BEACH, CA 92663 932 580 44 RESIDENT 3 BARUNA CT NEWPORT BEACH, CA 92663 932 580 46 BARBARA L HYATT 5 BARUNA CT NEWPORT BEACH, CA 92663 932 580 49 JERRY MADRID 8 BARUNA CT NEWPORT BEACH, CA 92663 932 580 51 JOSEPH SCHECHTER 400 COLUMBIA ST NEWPORT BEACH, CA 92663 932 580 53 CRYSTAL Y SECHRIST 404 COLUMBIA ST #53 NEWPORT BEACH, CA 92663 932 580 54 RESIDENT 10 BARUNA CT NEWPORT BEACH, CA 92663 932 580 56 TEVIS HILL PO BOX 3113 NEWPORT BEACH, CA 92659 932 580 59 MICHAEL GAVAN CUNNIFFE 16 BARUNA CT NEWPORT BEACH, CA 92663 932 580 61 WILLIAM N VILLARD 18 BARUNA CT 461 NEWPORT BEACH, CA 92663 wjw rwd ywugw ei AURAVA - -ap ---- i Op u! ;e WfigMy e! @ z01Id0a sues v 932 58043 MATTHEW C QUIRIN 2 BARUNA CT NEWPORT BEACH, CA 92663 932 580 45 HECTOR GODINEZ 4 BARUNA CT 445 NEWPORT BEACH, CA 92663 932 580 47 JUNE A PALOMINO 6BARUNA CT NEWPORT BEACH, CA 92663 932 580 50 DEVON P MCVEY 424 VISTA GRANDE NEWPORT BEACH, CA 92660 932 580 52 RESIDENT 402 COLUMBIA ST NEWPORT BEACH, CA 92663 932 580 53 RESIDENT 404 COLUMBIA ST NEWPORT BEACH, CA 92663 932 580 55 ANITA A SEIVELEY 11 BARUNA CT NEWPORT BEACH, CA 92663 932 580 57 RESIDENT 14 BARUNA CT NEWPORT BEACH, CA 92663 932 580 60 CARAMAGNO - ROBLYER 17 BARUNA CT NEWPORT BEACH, CA 92663 932 580 62 DORENE M CHRISTENSEN 19 BARUNA CT NEWPORT BEACH, CA 92663 ®09LS pAil3AV i!jegeo ai zasmin ja!ad q sa!!ael saiianbIq 932 580 44 LOUIE GRAND LLC 3 BARUNA CT #44 NEWPORT BEACH, CA 92663 932 580 45 RESIDENT 4 BARUNA CT NEWPORT BEACH, CA 92663 932 580 48 GREGORY W ROSENDAHL 7 BARUNA CT NEWPORT BEACH, CA 92663 932 580 50 RESIDENT 9 BARUNA CT NEWPORT BEACH, CA 92663 932 580 52 RONALD VANWINKLE 402 COLUMBIA ST #52 NEWPORT BEACH, CA 92663 932 580 54 LOUISE GREELEY LTD PTNSHP 19305 BROOKTRAIL LN HUNTINGTON BEACH, CA 9264 932 580 56 RESIDENT 12 BARUNA CT NEWPORT BEACH, CA 92663 932 580 58 MARILYN VAN SANT 15 BARUNA CT NEWPORT BEACH, CA 92663 932 580 61 RESIDENT 18 BARUNA CT NEWPORT BEACH, CA 92663 932 580 63 MARGARET B SPAULDING 24 ODYSSEY CT NEWPORT BEACH, CA 92663 7 ®���� � ? w @Gp3 do -dod asodxo jaded Paad P ®09L5 aie!dwal erjany asn @091,s 04 gull 6uo!e puss ® o s!agel ®!aad Ase3 , ! Aa3AV ^09.008 -3 i 932 580 63 RESIDENT 20 BARUNA CT NEWPORT BEACH, CA 92663 932 580 65 EDWARD J MORAN 22 BARUNA CT NEWPORT BEACH, CA 92663 932 580 68 JAYNE PRICE 501 COLUMBIA ST NEWPORT BEACH, CA 92663 932 580 71 JOHN A & LISA J VOZA 664 ARMITOS PL DIAMOND BAR, CA 91765 932 580 72 RONALD & CYNTHIA W LAPORTE I DUCKHOOK CIR LAKE WYLIE, SC 29710 932 580 75 BEATRIZ G SOTO 17 ARIES CT NEWPORT BEACH, CA 92663 932 580 77 HAROLD H KATES 15 ARIES CT NEWPORT BEACH, CA 92663 932 580 79 HEATHER E DUNLAP 4901 GREEN RIVER RD #140 CORONA, CA 92880 932 580 80 RESIDENT 11 ARIES CT NEWPORT BEACH, CA 92663 932 580 83 THOMAS H FISHER JR. 8 ARIES CT NEWPORT BEACH, CA 92663 wean -00d {uogw al JB1gAgJ ._ap sues 1 ap U1113 aangaeg el q zollday v 932 580 64 GARRETT DRISCOLL 21 BARUNA CT 454 NEWPORT BEACH, CA 92663 932 580 66 CARMEN C DOOBENEN 505 COLUMBIA ST NEWPORT BEACH, CA 92663 i ®0915 (@A83AV 1pege0 a! zasimn I doled g solpep sanoni!q 932 580 64 RESIDENT 21 BARUNA CT NEWPORT BEACH, CA 92663 932 580 67 TIZIANA TROVATI 503 COLUMBIA ST NEWPORT BEACH, CA 92663 932 580 69 932 580 70 CHRISTOPHER JAMES BIBEAU JENNIFER GALLAGHER 21 ARIES CT 22 ARIES CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 580 71 RESIDENT 23 ARIES CT NEWPORT BEACH, CA 92663 932 580 73 ROBERT JOSEPH STONE 19 ARIES CT NEWPORT BEACH, CA 92663 932 580 76 PETER L MANNO 129 VIA MENTONE NEWPORT BEACH, CA 92663 932 580 78 HARRIET G MATHEWS 205 HARRISON AVE BELLEAIR BEACH, FL 33786 932 580 79 RESIDENT 12 ARIES CT NEWPORT BEACH, CA 92663 932 580 81 RESIDENT 10 ARIES CT NEWPORT BEACH, CA 92663 932 580 84 PAUL MALKEMUS 7 ARIES CT NEWPORT BEACH, CA 92663 932 580 72 RESIDENT 20 ARIES CT NEWPORT BEACH, CA 92663 932 580 74 AARON HODGES 18 ARIES CT NEWPORT BEACH, CA 92663 932 580 76 RESIDENT 16 ARIES CT NEWPORT BEACH, CA 92663 932 580 78 RESIDENT 14 ARIES CT NEWPORT BEACH, CA 92663 932 580 80 GREGORY F HARTNETT 19632 SACRAMENTO LN HUNTINGTON BEACH, CA 9264 932 580 82 MICHAEL C SIEBERT 9 ARIES CT NEWPORT BEACH, CA 92663 932 580 85 RESIDENT 6 ARIES CT NEWPORT BEACH, CA 92663 9 wagp3 dn-dod esodxa jaded paj P ®0965 %eldwab®4aAV ash 009tS @�$ g 04 au!l guo!e puag ® p slage =! olaad Ase3 i A83AV-09-008-L ' e�®a�iaane�An�e�e 932 580 86 PATRICK D GROSSO 5 ARIES CT NEWPORT BEACH, CA 92663 932 580 88 RESIDENT 3 ARIES CT NEWPORT BEACH, CA 92663 932 580 90 JOHN TOWNSEND I ARIES CT NEWPORT BEACH, CA 92663 932 580 93 FREDERICK MARSH 16 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 580 95 PETER O'DONNELL 103 N LAUREL AVE LOS ANGELES, CA 90048 932 580 97 CHRISTY ANN SCHMITZ 11 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 580 99 SANDRA L ANDREWS - MCCAFFREY 9 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 581 02 HELENE GOLDNADEL 6 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 581 04 RESIDENT 4 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 581 06 WEI -JIUN LIU 2 SUMMERWIND CT #106 NEWPORT BEACH, CA 92663 - An-dod piogai al ial9A9A ap uip aen43eq el g zallda8 ap. sues 93258087 MICHAEL J LOGAN PO BOX 2534 NEWPORT BEACH, CA 92659 009L5 ®AH3AV 3!jege6 al zaslmn salad @ salpe;sananbIq 932 580 87 RESIDENT 4 ARIES CT NEWPORT BEACH, CA 92663 932 580 88 932 580 89 SALLY LOUISE PFISTER RESIDENT PO BOX 242 2 ARIES CT NEWPORT BEACH, CA 92662 NEWPORT BEACH, CA 92663 932 580 91 932 580 92 JOHN LANDRE HENRIK FRANK 18 SUMMERWIND CT 17 SUMMERWIND CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 580 94 932 580 94 RESIDENT STEVEN S SASAKI 15 SUMMERWIND CT PO BOX 29 NEWPORT BEACH, CA 92663 LAGUNA BEACH, CA 92652 932 580 95 RESIDENT 14 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 580 98 GJ &MDEMOS PO BOX 15773 NEWPORT BEACH, CA 92659 932 580 96 DAVID W SUTHERLAND 12 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 580 98 RESIDENT 10 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 581 00 932 581 01 RESIDENT MARY L LEE 8 SUMMERWIND CT 7 SUMMERWIND CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 03 MICHAEL SEDEROFF 5 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 581 05 BILL BUNNELL 3 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 581 07 ANIL & B PATEL 228 11TH ST I-IUNTINGTON BEACH, CA 92648 932 581 04 MARK A MOMOT 4 SUMMERWIND CT #104 NEWPORT BEACH, CA 92663 932 581 06 RESIDENT 2 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 581 07 RESIDENT 1 SUMMERWIND CT NEWPORT BEACH, CA 92663 y' 09L5 P w,eBp3 dn-dod osodxa jaded pea! V ®096s a;eldwal &LaAV asn 1 ® ®AHEAV of out[ Buole pua8 0 i slags'! ®lead Ase3 ap sua5 ' worAane•�nmm ap u. ;e wny�ey e� g zai�daa V i 3alad @ salpq seuanbq 932 581 08 932 581 08 932 581 09 BRIAN D JACOBS RESIDENT JOHN TOWNSEND 26 ODYSSEY CT 4108 26 ODYSSEY CT 25 ODYSSEY CT #109 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 09 932 581 10 932 581 11 RESIDENT WILEY BLAIR III LEO D LYNNE JR. 25 ODYSSEY CT 24 ODYSSEY CT 23 ODYSSEY CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 12 932 581 12 932 581 13 EDWARD CROSS RESIDENT ANITA CODORI 22 ODYSSEY CT #112 22 ODYSSEY CT 1966 PORT WEYBRIDGE PL NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92660 932 581 13 932 581 14 932 581 15 RESIDENT RESIDENT JOAN MARY PENNINGTON 21 ODYSSEY CT 20 ODYSSEY CT 28 ENCORE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 15 932 581 16 932 581 16 RESIDENT RESIDENT TYLER NGUYEN 19 ODYSSEY CT 18 ODYSSEY CT 18 ODYSSEY CT #116 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 17 932 581 18 932 581 19 LINDA VAS MONIQUE N EGAN CHRISTOPHER JAMES BLASCO 17 ODYSSEY CT 16 ODYSSEY CT 15 ODYSSEY CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 20 932 581 20 932 581 21 KAREN A SUKER RESIDENT KEVIN L HARRIS 603 RAINIER WAY 14 ODYSSEY CT 12 ODYSSEY CT COSTA MESA, CA 92626 NEWPORT BEACH; CA 92663 NEWPORT BEACH, CA 92663 932 581 22 932 581 22 932 581 23 RESIDENT SETH THOMPSON BILL BENNETT 11 ODYSSEY CT 11 ODYSSEY CT 9122 10 ODYSSEY CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 24 932 581 25 932 581 26 JANE C WARDEN MATTHEW ANDERSON SELBY C SPELL 9 ODYSSEY CT 8 ODYSSEY CT 7 ODYSSEY CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 27 932 581 28 932 581 29 PATRICIA CRANE ANNE SILAVS WILLIAM R & LINDSAY PRIDD`. 6 ODYSSEY CT 5 ODYSSEY CT 4 ODYSSEY CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 Y 7 w043 dn-dod asadxa jaded paaj 4 009L5 aleldwal ®6jany ash w10965 ®AIM3A 1 04 Bull 6uole puag ® V ' slagel ®laad (sea navw'vJ'VVO -� i w. -1 s--° r--�-- -i --p- -7- ap SUBS QD—"— _''_''-__-:r :`- wwtiane'Av4m ep up am43eq el @ zaydaa i joied @ salpel sauanbiq 932 581 30 932 581 30 932 581 31 MARCY E CROUCH RESIDENT LAURENCE P MOLLENTINE 1 ODYSSEY CT #130 1 ODYSSEY CT 2 ODYSSEY CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 32 932 581 33 932 581 34 RICHARD N BERGSTROM RESIDENT MELINDA A NISH 3 ODYSSEY CT 33 IMA LOA CT 32 IMA LOA CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 35 932 581 35 932 581 36 ERIC NELSON RESIDENT RESIDENT 8817 TARRYTON AVE 1 IMA LOA CT 2 IMA LOA CT WHITTLER, CA 90605 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 36 932 581 37 932 581 38 RUSSELL KOJIMA JOSEPH MUNDAY PETER ALAN BORRAS 6275 CALLE FUEGO 3 IMA LOA CT 4 IMA LOA CT PLEASANTON, CA 94566 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 39 932 581 39 932 581 40 JAMES C HILBERT III RESIDENT JOSEPH F MCDONALD 1433 SUPERIOR AVE #305 5 IMA LOA CT 31 IMA LOA CT # 140 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 40 932 581 41 932 581 41 RESIDENT DNE ASSOCIATES RESIDENT 31 IMA LOA CT 2020 E ORANGETHORPE AVE 30 IMA LOA CT NEWPORT BEACH, CA 92663 #210 NEWPORT BEACH, CA 92663 FULLERTON, CA 92831 932 581 42 932 581 43 932 581 44 RAYMOND JEFFREY YATES ANNA MARIE THAMES GARRY J GARVEY 29 IMA LOA CT 28 IMA LOA CT 3440 OREGON RD NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 VERSAILLES, KY 40383 932 581 44 932 581 45 932 581 45 RESIDENT RESIDENT STANLEY ROSENTHAL 27 IMA LOA CT 26 IMA LOA CT 7 VISTA MIRAGE WAY NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 RANCHO MIRAGE, CA 92270 932 581 46 932 581 47 932 581 47 DONALD G SKREDE RESIDENT ROBERT SNYDER 25 IMA LOA CT 24 IMA LOA CT 18 ENCORE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 48 932 581 49 932 581 50 JAMES CASSIDY DONALD E ANDERSON ROMAN SUGDEN 23 IMA LOA CT 22 IMA LOA CT 21 IMA LOA CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 Y 4 w,a6p3 dn-dod asodxa jaded pead P 609 LS a;eldwBl ®6Jany ash w1U96S (g)AW MAV of auil 6uole puag ® p slagerl @lead 6se3 Atl] / \V- VCYUUb -L W03- )U8Ae' N ArA 932 58151 WALDEMAR RUPERT MOOSMANN 20 IMA LOA CT NEWPORT BEACH, CA 92663 932 58153 RESIDENT 18 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 56 PAUL IPEK 15 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 59 RESIDENT 6 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 60 RESIDENT 7 IMA LOA CT NEWPORT BEACH, CA 92663 ..- �....o ,...,.,... ,., ...,;...;., op suas ap ulle ainy)ey el g zaildaa 932 581 52 LARRY D MOON 19 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 54 RYAN P RUGGERELLO 17 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 57 THOMAS COLANDREA 14 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 59 SARNO 2720 BAYCLIFF CT #2 LAS VEGAS, NV 89117 932 581 61 SHERRY HOFFMAN 8 IMA LOA CT NEWPORT BEACH, CA 92663 ualad q salpel sauanbil� 932 581 53 MITCHELL E GARFIELD 18 IMA LOA CT 9153 NEWPORT BEACH, CA 92663 932 581 55 DENNIS & STEPHANIE CONWA' 16 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 58 RESIDENT 12 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 60 HUGUETTE WILSON 4809 RIVER AVE NEWPORT BEACH, CA 92663 932 581 62 NANCY E SIMONIAN 9 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 63 932 581 63 932 581 64 CAMERON J ESTEY RESIDENT RESIDENT 1500 HIGHLAND AVE 10 IMA LOA CT 11 IMA LOA CT MANHATTAN BEACH, CA 90266 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 65 932 581 65 932 581 66 RESIDENT ROBERT NORQUIST RESIDENT 307 COLUMBIA ST 9042 RHODESIA DR 305 COLUMBIA ST NEWPORT BEACH, CA 92663 HUNTINGTON BEACH, CA 92646 NEWPORT BEACH, CA 92663 932 581 66 SULTAN ELIMSA 3541 SEGO ST IRVINE, CA 92606 932 581 68 JOYCE ANN ZIEMANN 301 COLUMBIA ST NEWPORT BEACH, CA 92663 932 581 71 GARY G BROWN 21 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 67 932 581 67 MICHAEL D THOMAS RESIDENT 16382 ARDSLEY CIR 303 COLUMBIA ST HUNTINGTON BEACH, CA 92649 NEWPORT BEACH, CA 92663 932 581 69 ROBERT C STROTHER 19 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 72 THOMAS A ROSAS 22 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 70 JEANNE BEACH 20 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 73 CAMILLE M CALLAHAN 23 LAND FALL CT NEWPORT BEACH, CA 92663 Y w,a6p3 dn-dod asodxa jaded paad P @09L5 aleldwal @faeAv ash W10965 p%,S� 3A i of auil 6uole puae ® p slagc7 ®laad Ase3 ap sua 5 —, - - -n m' wor/uannm ap ui ;e W114394 el a zalldaa ; salad @ same; sallanblq 932 581 74 BRIAN KREITZER 18 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 77 KELLY KWAK 15 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 79 RESIDENT 12 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 81 RESIDENT 10 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 84 LOMBARDI 7 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 86 RESIDENT 5 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 88 DAVID M COOLEY 3 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 90 CIARAN MURTAGH 619 AGATE ST LAGUNA BEACH, CA 92651 932 581 91 ROSS L WHEELER 7023 N 59TH PL PARADISE VALLEY, AZ 85253 932 581 93 COLEEN METHOT 205 COLUMBIA ST #193 NEWPORT BEACH, CA 92663 932 581 75 GERALD J GROSSO JR. 17 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 78 CHIZUKO BERLINER 14 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 80 CONOR O'DONOGHUE 3419 VIA LIDO 4445 NEWPORT BEACH, CA 92663 932 581 82 CHRISTY FLESVIG 9 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 76 JACQUELINE D DAVIDSON 16 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 79 JIM TRIOCEAN CARAS 280 CLIFF DR #4 LAGUNA BEACH, CA 92651 932 581 80 RESIDENT 11 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 83 GARY A GARBER 8 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 85 932 581 85 BRUCE HAAS RESIDENT 11041 GOLD STAR LN 6 LAND FALL CT SANTA ANA, CA 92705 NEWPORT BEACH, CA 92663 932 581 86 TOM CHEIM -TORNG CHEN 1064 SILVERTIP WAY SUNNYVALE, CA 94086 932 581 89 RESIDENT 2 LAND FALL CT NEWPORT BEACH, CA 92663 91258190 RESIDENT I LAND FALL CT NEWPORT BEACH, CA 92663 932 581 87 DAINA ACIN 4 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 89 ROSEANN DICOSTANZO 12200 GLINES CT TUSTIN, CA 92782 932 581 91 RESIDENT 209 COLUMBIA ST NEWPORT BEACH, CA 92663 932 581 92 932 581 92 JASON C NORBECK RESIDENT 345 GULF STREAM WAY 207 COLUMBIA ST COSTA MESA, CA 92627 NEWPORT BEACH, CA 92663 932 58193 RESIDENT 205 COLUMBIA ST NEWPORT BEACH, CA 92663 932 581 94 RESIDENT 203 COLUMBIA ST NEWPORT BEACH, CA 92663 7 4 m843 dn-dod asodxa jaded paai q p09L5 aleldwal ®/uany ash m0965 ®AU3A%7 i of aup 6uole puag p slage-1 ®laad fse3 AHMV-09-009-L i wrvi r --e wwo, vi ap sues i ®vow @num'w .:.._y__ _, _ ° 'u:n. ww•ti en ane•Men ap uge eang)ey el g zalidaa ® jalad @ salpe; souanbii� 932 581 95 932 581 95 932 581 96 RESIDENT ROBERT C DONOVAN JONATHAN CRAWFORD 201 COLUMBIA ST 2178 BARRETT AVE 22 SWIFT CT NEWPORT BEACH, CA 92663 SAN JOSE, CA 95124 NEWPORT BEACH, CA 92663 932 581 97 932 581 98 932 581 98 ELIZABETH H ANDRICH CATHERINE E CHARLES RESIDENT 21 SWIFT CT 20 SWIFT CT #198 20 SWIFT CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 99 932 582 00 932 582 01 PATRICIA A SULLIVAN STEPHEN RODRIGUEZ RICHARD F CRUCE 19 SWIFT CT 18 SWIFT CT 17 SWIFT CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 02 932 582 03 932 582 03 GREELEY NGUYEN RESIDENT 16 SWIFT CT 56 VALLEY TER 15 SWIFT CF NEWPORT BEACH, CA 92663 IRVINE, CA 92603 NEWPORT BEACH, CA 92663 932 582 04 932 582 05 932 582 06 WHITE RESIDENT RESIDENT 14 SWIFT CT 12 SWIFT CT 11 SWIFT CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 07 932 582 07 932 582 08 JEANETTE MCDANIEL RESIDENT LYDIA KUZNETSOV 353 MILL HOLLOW RD 10 SWIFT CT 237 SANTA ANA AVE LAS VEGAS, NV 89107 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 08 932 582 09 932 582 10 RESIDENT GREGORY D GIBB GARY C KOCH 9 SWIFT CT 8 SWIFT CT 7 SWIFT CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 11 932 582 12 932 582 13 JANE MYERS DREW H KEITH EWING EQUITY ENTERPRISES LTD 6 SWIFT CT 5 SWIFT CT 1419 SUPERIOR AVE #2 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 13 932 582 14 932 582 14 RESIDENT DAVIS RESIDENT 4 SWIFT CT 5 CAPE DANBURY 3 SWIFT CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92663 932 582 15 932 582 16 932 582 16 P K PHILLIPS MINA POURSHOEIL RESIDENT 2 SWIFT CT I SWIFT CT #216 1 SWIFT CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 7 P w,a6p3 d0 -dod asodxa m jaded peal Q p09LS aleldwal @Aj@Ay ash q'/ m096S @A&DRA of auii 6uo�e puas ® p slagei @lead 6se3 i op ue ajny)ey ei v a .s:- a.m..,e.. ; -• s.a,: u-e� n-: b r.i.ln 4 ww bane nmmn a sues ©jelad 932 582 17 932 582 17 932 582 18 ERNESTO A HERNANDEZ RESIDENT GLORIA A MILLER 34 ENCORE CT #217 34 ENCORE CT 1354 LORING ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 SAN DIEGO, CA 92109 932 582 18 932 582 19 932 582 20 RESIDENT STACEY SUZANNE ROBBINS CHRIS GOVORKO 33 ENCORE CT 32 ENCORE CT 31 ENCORE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 21 932 582 22 932 582 22 RICHARD C PAYNE JAMES H GABRIEL RESIDENT 30 ENCORE CT 251 NOROTON AVE 29 ENCORE CT NEWPORT BEACH, CA 92663 DARIEN; CT 6820 NEWPORT BEACH, CA 92663 932 582 23 932 582 23 932 582 24 LESLEY A PENNINGTON RESIDENT JAMES F WALIN 28 ENCORE CT #223 28 ENCORE CT 27 ENCORE CT #224 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 24 932 582 25 932 582 25 RESIDENT JEFF SMART RESIDENT 27 ENCORE CT 26 ENCORE CT 4225 26 ENCORE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 26 932 582 26 932 582 27 CARL CHEADLE RESIDENT JOAN BABINEAU COATS 204 ASHDALE PL 25 ENCORE CT 24 ENCORE CT LOS ANGELES, CA 90049 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 28 932 582 28 932 582 29 JEROME A REYNOLDS RESIDENT RESIDENT 1208 SAINT BRENDANS CT 23 ENCORE CT 22 ENCORE CT LEMONT, IL 60439 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 29 932 582 30 932 582 31 SUSAN M DAWSON JEAN MANN GEORGE S MCCAN 22 ENCORE CT #229 21 ENCORE CT PO BOX 2794 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92659 932 582 31 932 582 32 932 582 33 RESIDENT V RUSSELL BENEDIKT RESIDENT 20 ENCORE CT 19 ENCORE CT 18 ENCORE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 33 932 582 34 932 582 35 ROBERT SNYDER STEPHEN D PORTER LINDA M PORTER 18 ENCORE CT #233 17 ENCORE CT 16 ENCORE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 7 7 wia6p3 do -dod asodxa jaded Red 9 00915 aleidwal ®tiany asn w 0965 0ANH V i of auii 6uoie puag ® p ' siNE9 Opad (sea ap sues wordjane*Nvv n ap uge wny�ey e� g zai�daa ® ialad a sapper sonanbil4 932 582 36 932 582 36 932 582 37 MARTIN YARNALL RESIDENT ANNE M ALEXANDER 15 ENCORE CT #236 15 ENCORE CT 14 ENCORE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 38 932 582 38 932 582 39 RESIDENT ROBERT ALLAN FOX GEORGE SALAPSKI 12 ENCORE CT PO BOX 50862 18111 BENETA WAY NEWPORT BEACH, CA 92663 IRVINE, CA 92619 TUSTIN, CA 92780 932 582 39 932 582 40 932 582 40 RESIDENT RESIDENT SJT LLC 11 ENCORE CT 10 ENCORE CT 22 DEER CREEK LN NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 MOUNT KISCO, NY 10549 932 582 41 932 582 41 932 582 42 RESIDENT SCOTT W KLIMCZAK RESIDENT 9 ENCORE CT 9 ENCORE CT #241 8 ENCORE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 42 932 582 43 932 582 43 WATHIQ BILBEISI RESIDENT STEFANI TAJIK 1848 GALAXY DR 7 ENCORE CT 2111 PASEO DEL ORO NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92663 SAN JOSE, CA 95124 932 582 44 932 582 45 932 582 45 MICHAEL C MOLSEED DIANE WEINSHEIMER RESIDENT 6 ENCORE CT 5 ENCORE CT #245 5 ENCORE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 46 932 582 46 932 582 47 JAMES E & K S ASHTON RESIDENT PATRICK M MCLAUGHLIN 745 N HEWES 4 ENCORE CT 54 VIA CARTAMA ORANGE, CA 92867 NEWPORT BEACH, CA 92663 SAN CLEMENTE, CA 92673 932 582 47 932 582 48 932 582 49 RESIDENT RYAN ZUGICH CO PUTNAM 3 ENCORE CT 2 ENCORE CT 1 WALL ST #5TH NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEW YORK, NY 10005 932 582 49 932 582 50 932 582 50 RESIDENT DICK HOLSINGER RESIDENT 1 ENCORE CT 11268 MAINSAIL LN 111 COLUMBIA ST NEWPORT BEACH, CA 92663 ANACORTES, WA 98221 NEWPORT BEACH, CA 92663 932 582 51 932 582 51 932 582 52 RESIDENT SEAN FALLWOFIELD KATHRYN C STJAMES 109 COLUMBIA ST 3953 BLEDSOE AVE 107 COLUMBIA ST NEWPORT BEACH, CA 92663 LOS ANGELES, CA 90066 NEWPORT BEACH, CA 92663 Y Q ma6p3 dn-dod asodxa jaded Rad 9 ®0915 aleldwal ®djanv ash wi096S (DAU3 � of awl 6uoie pua8 ® p SlBqLq ®laad (sea I Adwiv-uw-uuo-L i -, ap suas QW '- �nuoiw .� -�, -- -, - - -:ern i ' W03lU0ne-NUAnn i ap ul ;e any�ey el g zalldaa i salad a sapper smaanbq 932 582 53 932 582 53 932 582 54 RESIDENT STEPHEN P BERGEN C H DEVRIES 105 COLUMBIA ST 501 PROMONTORY DR E 103 COLUMBIA ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92663 932 582 55 932 582 55 932 582 56 RESIDENT SUSANA E TAMAYO MARIA HELENA STANLEY 101 COLUMBIA ST 2425 MISSION ST #1 18 KAMALII CT #256 NEWPORT BEACH, CA 92663 SAN MARINO, CA 91108 NEWPORT BEACH, CA 92663 932 582 56 932 582 57 932 582 57 RESIDENT JIM CARLSON RESIDENT 18 KAMALE CT PO BOX 367 19 KAMALII CT NEWPORT BEACH, CA 92663 CORONA DEL MAR, CA 92625 NEWPORT BEACH, CA 92663 932 582 58 932 582 58 932 582 59 ERIC B FINLEY RESIDENT JOHN B & KAELIN C CURRIE 20 KAMALII CT #258 20 KAMALII CT 21 KAMALII CT #259 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 59 932 582 60 932 582 61 RESIDENT C M LERNER RESIDENT 21 KAMALII CT 22 KAMALII CT 23 KAMALII CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 61 932 582 62 932 582 62 WILLIAM H REVEAL KENT BRITTAIN RESIDENT 33692 BLUE LANTERN ST PO BOX 2504 24 KAMALII CT DANA POINT, CA 92629 NEWPORT BEACH, CA 92659 NEWPORT BEACH, CA 92663 932 582 63 932 582 64 932 582 64 D J HERZOG BRIAN SCOTT WEISS RESIDENT 17 KAMALII CT 2227 HOLLY LN 16 KAMALII CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 65 932 582 65 932 582 66 RESIDENT STEVEN S K LIN BRYAN UECKER 15 KAMALII CT 15 KAMALII CT #265 12 KAMALII CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 93259266 932 582 67 932 582 68 RESIDENT RESIDENT JEFFREY M LOBOSKY 14 KAMALII CT 12 KAMALII CT 20335 PORTSIDE DR NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 WALNUT, CA 91789 932 582 68 932 582 69 932 582 69 RESIDENT LOUIS T DULIEN II RESIDENT 11 KAMALII CT 2906 SE LOOP 820 #G 10 KAMALII CT NEWPORT BEACH, CA 92663 FORT WORTH, TX 76140 NEWPORT BEACH, CA 92663 7 V .,a6P3 dp -dod asodxa _ jaded paa; � 609LS oleldwal ®6j9ny asp mO96S gAJ 3A@% 0 of aug 6uole puas ® p slage'1 ®laad Ase3 AdJAV- UU -UUO -Y i w. -�: --° �•`�-- -� --�•"-- ap sua5 wo�Yljane-mjbnn op ui ;e wny�ey e� g za0daa ® jalad g same; sauanbil5 932 582 70 NISSA G MYER 9 KAMALII CT 9270 NEWPORT BEACH, CA 92663 932 582 72 MICHAEL A HILLMAN 7 KAMALII CT #272 NEWPORT BEACH, CA 92663 932 582 73 RESIDENT 6 KAMALII CT NEWPORT BEACH, CA 92663 932 582 75 RESIDENT 4 KAMALII CT NEWPORT BEACH, CA 92663 932 582 77 RESIDENT 2 KAMALII CT NEWPORT BEACH, CA 92663 932 582 80 BENJAMIN COHEN 21 ESCAPADE CT NEWPORT BEACH, CA 92663 932 582 82 KENNETH H WINEGARNER 23 ESCAPADE CT NEWPORT BEACH, CA 92663 932 582 84 NANCY A SMITH PO BOX 3077 LAGUNA HILLS, CA 92654 932 582 86 PATRICIA C URMSTON 19 ESCAPADE CT NEWPORT BEACH, CA 92663 932 582 88 MARY M FETHER 17 ESCAPADE CT NEWPORT BEACH, CA 92663 932 582 70 RESIDENT 9 KAMALII CT NEWPORT BEACH, CA 92663 932 582 72 RESIDENT 7 KAMALII CT NEWPORT BEACH, CA 92663 932 582 74 RESIDENT 5 KAMALII CT NEWPORT BEACH, CA 92663 932 582 76 CRAIG A LIND 3 KAMALII CT NEWPORT BEACH, CA 92663 932 582 78 REBEKAH REILEY 1 KAMALII CT NEWPORT BEACH, CA 92663 932 582 81 JASON EVANS 22 ESCAPADE CT #281 NEWPORT BEACH, CA 92663 932 582 71 ADLER 8 KAMALII CT NEWPORT BEACH, CA 92663 932 582 73 MICHAEL V ROSENTHAL PO BOX 12374 NEWPORT BEACH, CA 92658 932 582 75 ERIN A DENNISTON 4 KAMALII CT #275 NEWPORT BEACH, CA 92663 932 582 77 BRYAN MCQUILKIN 1 TRANQUILITY PL LADERA RANCH, CA 92694 932 582 79 HENRY V SANTO 20 ESCAPADE CT NEWPORT BEACH, CA 92663 932 582 81 RESIDENT 22 ESCAPADE CT NEWPORT BEACH, CA 92663 932 582 83 932 582 83 DENNIS L DILLEY RESIDENT 819 FRANKFORT AVE 24 ESCAPADE CT HUNTINGTON BEACH, CA 92648 NEWPORT BEACH, CA 92663 932 582 84 RESIDENT 25 ESCAPADE CT NEWPORT BEACH, CA 92663 932 582 87 MICHAEL P GUBBINS 18 ESCAPADE CT 9287 NEWPORT BEACH, CA 92663 932 582 89 CONRAD E MAHER 16 ESCAPADE CT NEWPORT BEACH, CA 92663 932 582 85 DANIEL E CALLAHAN 26 ESCAPADE CT NEWPORT BEACH, CA 92663 932 582 87 RESIDENT 18 ESCAPADE CT NEWPORT BEACH, CA 92663 932 582 90 LOUISE DAVISON 1715 N COMMUNITY DR 9107 ANAHEIM, CA 92806 7 9 wj86p3 dn-dod asodxa jaded paa; Q 0091S aleldwal @fjany ash uu0965 ®R�{JI4ft%l of auil 6uole puag ® p slageq ®Rad (sea ........... I p 4)e4 el _oildo ap SUDS' i @U9LS@AH3AV l!iegeo 81zeslian ww%ane•nnnnnn op ui ;e amy�ey e� zai�day ® jalad a same; sauanbi3� 932 582 90 932 582 91 932 582 92 RESIDENT GEORGE P RICE LISA SUSSMAN 15 ESCAPADE CT 14 ESCAPADE CT 12 ESCAPADE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 93 932 582 94 932 582 95 SCOTT THERIAULT SAMUEL W SUGURA KYUNG KIM 11 ESCAPADE CT 10 ESCAPADE CT 9 ESCAPADE CT #295 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 95 932 582 96 932 582 97 RESIDENT DONALD A FUNK RESIDENT 9 ESCAPADE CT 18 TRIBUTE CT 17 TRIBUTE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 582 98 932 582 98 932 582 99 RESIDENT VIVIAN KHALIL L M LILLY III 16 TRIBUTE CT 8912 JAYLEE DR 2030 MAIN ST #1300 NEWPORT BEACH, CA 92663 SAN GABRIEL, CA 91775 IRVINE, CA 92614 932 582 99 932 583 00 932 583 01 RESIDENT MARGE NOREK LINDA S JENSEN 15 TRIBUTE CT 14 TRIBUTE CT PO BOX 3535 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92659 932 583 01 932 583 02 932 583 02 RESIDENT KENNETH H LARSEN RESIDENT 12 TRIBUTE CT 109 2ND ST S 4538 11 TRIBUTE CT NEWPORT BEACH, CA 92663 KIRKLAND, WA 98033 NEWPORT BEACH, CA 92663 932 583 03 932 583 03 932 583 04 ERWIN HERMANNS RESIDENT RESIDENT 4646 WAILAPA RD 10 TRIBUTE CT 9 TRIBUTE CT KILAUEA, HI 96754 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 583 04 932 583 05 932 583 05 SUE ANN HUMMEL BRIAN G SAYLIN RESIDENT 9 TRIBUTE CT #304 1 CITY BLVD W #1400 8 TRIBUTE CT NEWPORT BEACH, CA 92663 ORANGE, CA 92868 NEWPORT BEACH, CA 92663 932 583 06 932 583 07 932 583 07 RAMZY G MANKARIOUS JEFFREY E HARMON RESIDENT 7 TRIBUTE CT 4455 S PECOS RD 6 TRIBUTE CT NEWPORT BEACH, CA 92663 LAS VEGAS, NV 89121 NEWPORT BEACH, CA 92663 932 583 08 932 583 08 932 583 09 ING BK FSB RESIDENT RESIDENT 1 S ORANGE ST 5 TRIBUTE CT 4 TRIBUTE CT WILMINGTON, DE 19801 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 7wa0965®���� a P N +a6P3dn- dodasodxa jaded Rad ®09 Lsaleidwal�anyasn i 03 Bull 6uole PUBS ® , 0 , slage-1 elaad Lse3 Etiquettes laser www.3M.comllabels Compatible aveclegabadt5160 ®de Avery® 1- 800 - 395 -1223 423 216 12 RESIDENT 519 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 16 FRANK RANDALL 511 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 241 04 RICHARD S ROBINSON III 116 VIA ORVIETO NEWPORT BEACH, CA 92663 423 241 08 RESIDENT 104 VIA ORVIETO NEWPORT BEACH, CA 92663 423 241 09 RESIDENT 102 VIA ORVIETO NEWPORT BEACH, CA 92663 423 241 11 RESIDENT 110 VIA ORVIETO NEWPORT BEACH, CA 92663 423 242 06 BRUCE TANNER BLACKMAN 108 VIA PALERMO NEWPORT BEACH, CA 92663 423 242 08 RESIDENT 616 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 247 03 JACK & RITA SINDER 15925 HIGH KNOLL RD ENCINO, CA 91436 423 247 04 RESIDENT 615 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 13 MCKENNA 517 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 241 03 RAWLINS ALICE L 2 1701 WILSON AVE ARCADIA, CA 91006 423 241 05 IRENE KANE 114 VIA ORVIETO NEWPORT BEACH, CA 92663 423 241 08 THOMAS V MCKERNAN JR. 1070 FALLEN LEAF RD ARCADIA, CA 91006 423 241 10 MICHAEL P DEANGELO 4 SCENIC BLUFF NEWPORT COAST, CA 92657 423 242 05 RESIDENT 110 VIA PALERMO NEWPORT BEACH, CA 92663 423 242 07 GERALD A GIANNINI 104 VIA PALERMO NEWPORT BEACH, CA 92663 423 247 01 ARGYLE CAMPBELL 601 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 247 03 RESIDENT 609 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 247 05 CAROLYN G ROSS 617 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 15 HENRY ROSS ESCALETTE 515 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 241 03 RESIDENT 120 VIA ORVIETO NEWPORT BEACH, CA 92663 423 241 07 CHRISTOPHER G WERNER 108 VIA ORVIETO NEWPORT BEACH, CA 92663 423 241 09 DEV CORP RUTTER 100 VIA ORVIETO NEWPORT BEACH, CA 92663 423 241 10 RESIDENT 112 VIA ORVIETO NEWPORT BEACH, CA 92663 423 242 05 SILVERADO 30051 RUNNING DEER LN LAGUNA NIGUEL, CA 92677 423 242 08 JAMES J BIRMINGHAM 1801 PARK COURT PL #I101 SANTA ANA, CA 92701 423 247 02 LORNA M BARRY 605 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 247 04 BRENDA E BRISBOIS 718 HILLCREST AVE LA CANADA, CA 91011 PA2011 -107 — MORNINGSIDE D 533 Via Lido Soud Created: June 1, 2011 jaded paaj ateldwal e09i9 many gairn alggedwo0 OOOTEateldwalWE ® slagejaase-1 Liquettes laser www.3M.com /labels Compatible avecIsgabarit5160 edeAvery® 1- 800 - 395 -1223 - 423 213 10 FRANK C CHILDS 520 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 214 05 MARTHA ALBENE SARKISSIAN 115 VIA MENTONE NEWPORT BEACH, CA 92663 423 214 08 WILEY 0 KENNEDY 107 VIA MENTONE NEWPORT BEACH, CA 92663 423 214 10 RESIDENT 516 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 215 09 L STOWE KILLINGSWORTH 510 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 01 LNSDLE A 543 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 04 VERA H SILVER 539 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 06 RESIDENT 533 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 09 EDWARD W COOK III 503 REDLANDS AVE NEWPORT BEACH, CA 92663 423 216 10 SHERIE A CHRISTENSEN 116 V,IA LORCA NEWPORT BEACH, CA 92663 423 213 11 JOHN RALLIS 124 VIA MENTONE NEWPORT BEACH, CA 92663 423 214 06 RESIDENT 111 VIA MENTONE NEWPORT BEACH, CA 92663 423 214 09 JOHN SIEVER ROBINSON 105 VIA MENTONE NEWPORT BEACH, CA 92663 423 215 07 RUDOLPH HARRIS GUSTAFSON 106 VIA LORCA NEWPORT BEACH, CA 92663 423 215 11 DENNIS J KEOUGH 112 VIA LORCA NEWPORT BEACH, CA 92663 423 216 02 DAVID W CHONETTE 539 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 05 VICTORIA BRANT- ZAWADZKI 535 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 07 JOHN C THOMSON 531 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 09 RESIDENT 527 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 11 DAVID SHOCKLEY 523 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 214 04 DONALD H WILSON JR. 119 VIA MENTONE NEWPORT BEACH, CA 92663 423 214 07 VICTOR HOLLOWAY 109 VIA MENTONE NEWPORT BEACH, CA 92663 423 214 10 ANDREW B & CATHERINE W DICKERSON 1500 OCEAN FRONT E NEWPORT BEACH, CA 92661 423 215 08 DAWN THOMPSON 104 VIA LORCA NEWPORT BEACH, CA 92663 423 215 13 RESIDENT 110 VIA LORCA NEWPORT BEACH, CA 92663 423 216 03 ROGER C PORTER 537 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 06 HUGH TRUST A CRIPE 22842 VIA ORVIETO MONARCH BEACH, CA 92629 423 216 08 E WILLIAM HASKELL 529 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 10 RESIDENT 525 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 216 12 FADCO ENTERPRISES PO BOX 2742 NEWPORT BEACH, CA 92659 jadedpaaj ateldwale09TS®tiaggj!malqladwo0 i o-OOIEwIdwalWE ® siage� aase-1 ttiquettes laser Compatible avec le gabarit 5160® de Avery® 423 205 01 FRANK RANDALL 3355 VIA LIDO #235 NEWPORT BEACH, CA 92663 423 211 03 ERIC W KURASCH 119 VIA ORVIETO NEWPORT BEACH, CA 92663 423 211 05 RUSSELL & LEONORE 115 VIA ORVIETO NEWPORT BEACH, CA 92663 423 211 08 M E KOFFORD JR. 105 VIA ORVIETO NEWPORT BEACH, CA 92663 423 212 03 WILLIAM F SHAVER 127 VIA NICE NEWPORT BEACH, CA 92663 423 212 05 HERBERT G OELKE 720 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 212 07 SHARON L SPEIGHTS 113 VIA NICE NEWPORT BEACH, CA 92663 423 212 09 THOMAS D BILLIARD 3 VIA AMANTI NEWPORT COAST, CA 92657 423 213 04 JEAN PATTEE MACDONALD 116 VIA MENTONE NEWPORT BEACH, CA 92663 423 213 07 MARY F MOLANDER 110 VIA MENTONE NEWPORT BEACH, CA 92663 YN www.3M.comllabels 1- 800 - 395 -1223 423 205 01 RESIDENT 511 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 211 04 LINDA J A RICHLEY 451 VIA LIDO SOLID NEWPORT BEACH, CA 92663 423 211 06 DAVID J SHEFFNER 111 VIA ORVIETO NEWPORT BEACH, CA 92663 423 211 09 GENE & TERRY LU 540 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 211 02 JOHANNA GUINEVERE STAPLE 123 VIA ORVIETO NEWPORT BEACH, CA 92663 423 211 04 RESIDENT 117 VIA ORVIETO NEWPORT BEACH, CA 92663 423 211 07 JOHN NAKAJI 107 VIA ORVIETO NEWPORT BEACH, CA 92663 423 212 02 MITCH BARKER 129 VIA NICE NEWPORT BEACH, CA 92663 423 212 04 423 212 04 LISA RISNER RESIDENT 12598 VISTA PANORAMA 123 VIA NICE SANTA ANA, CA 92705 NEWPORT BEACH, CA 92663 423 212 05 RESIDENT 119 VIA NICE NEWPORT BEACH, CA 92663 423 212 08 MUNGO 109 VIA NICE NEWPORT BEACH, CA 92663 423 212 10 RESIDENT 534 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 213 05 MICHAEL J DONNELLY 114 VIA MENTONE NEWPORT BEACH, CA 92663 423 212 06 GAIL LAMONT SNYDER 117 VIA NICE NEWPORT BEACH, CA 92663 423 212 09 RESIDENT 105 VIA NICE NEWPORT BEACH, CA 92663 423 212 10 RONALD D MACGREGOR 645 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 213 06 JAMES E WILLIAMSON 112 VIA MENTONE NEWPORT BEACH, CA 92663 423 213 08 423 213 09 ALEXANDRA CHEBIL - DILLON ARTHUR C VIGIL 106 VIA MENTONE 104 VIA MENTONE NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 jaded paad ateldwal e09TS many y}IM alggedwo0 0-00[£aJeldw8l1NE ® slage� aase� �tiquettes laser www.3M.com /labels Compatible aveclegabarit5160 ®de Avery® 1 -500- 395 -1223 ' 930 614 45 930 614 45 930 614 46 CHRISTOPHER J PARR RESIDENT BARRY SAYWITZ PROPERTIES 4820 SEASHORE DR #B 4820 SEASHORE DR 4740 VON KARMAN AVE #100 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92660 930 614 46 930 614 47 930 614 47 RESIDENT JEFF SAYWITZ RESIDENT 4915 RIVER AVE 4740 VON KARMAN AVE #100 4917 RIVER AVE NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92663 CREATED: JUNE 1, 2011 PA2011 -107 MORNINGSIDE DA 4823 RIVER AVENUE jaded paaj ateldwal o09j2 UaAV ql!m algpedwoo 000T£aaedwalW6 ® s1age-1Jase-1 Liquettes laser Compatible avec Is gabarit 51609 de Averya 424 463 16 SCOTT W ARNOLD 4814 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 464 06 RESIDENT 4916 SEASHORE DR NEWPORT BEACH, CA 92663 424 464 07 RESIDENT 4912 SEASHORE DR NEWPORT BEACH, CA 92663 424 464 09 DAVID BRIAN BENT PO BOX 1712 NEWPORT BEACH, CA 92659 424 464 12 RESIDENT 4816 SEASHORE DR NEWPORT BEACH, CA 92663 424 464 14 MEVCO LLC 5 RIDGECREST ALISO VIEJO, CA 92656 424 464 15 RESIDENT 4804 SEASHORE DR NEWPORT BEACH, CA 92663 930 614 01 RESIDENT 4710 NEPTUNE AVE NEWPORT BEACH, CA 92663 930 614 02 RESIDENT 218 48TH ST NEWPORT BEACH, CA 92663 930 614 40 RESIDENT 4900 SEASHORE DR 1/2 NEWPORT BEACH, CA 92663 I' www.31M.comllabels 1- 800 - 395 -1223 424 464 05 JERRY MORTER 433 W BROOKDALE PL FULLERTON, CA 92832 424 464 06 VELMA N WELTMER 2900 REDWOOD CIR FULLERTON, CA 92835 424 464 05 RESIDENT 5000 SEASHORE DR NEWPORT BEACH, CA 92663 424 464 07 DENNIS BUCHANAN 1507 RIDGEMONT CT FULLERTON, CA 92831 424 464 08 424 464 08 RANDAL & DEBRA GALE RESIDENT 2034 AHUACATE RD 4908 SEASHORE DR LA HABRA HEIGHTS, CA 90631 NEWPORT BEACH, CA 92663 424 464 09 424 464 12 RESIDENT AMEN WARDY 4904 SEASHORE DR 3535 E COAST HWY 4363 NEWPORT BEACH, CA 92663 CORONA DEL MAR, CA 92625 424 464 13 424 464 13 RESIDENT SCIPIO M CARNECCHIA 4812 SEASHORE DR 2484 RAMONA ST NEWPORT BEACH, CA 92663 PALO ALTO, CA 94301 424 464 14 424 464 15 RESIDENT HOFFNAGLE 4808 SEASHORE DR 2906 CANTO DE LOS CIERVOS NEWPORT BEACH, CA 92663 SAN CLEMENTE, CA 92673 424 464 16 424 464 16 RESIDENT RONALD 4800 SEASHORE DR 280 GARNET AVE NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92662 93061401 93061402 STARLENE LICUDINE_ DAVID M THOMAS 1633 ARCH BAY DR 10786 N EAGLE CREST LN NEWPORT BEACH, CA 92660 FRESNO, CA 93730 930 614 39 930 614 39 MICHAEL 3 DOMINGUEZ RESIDENT 4900 SEASHORE DR #A 4900 SEASHORE DR NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 930 614 40 930 614 44 SONNY GOODMAN RESIDENT 4900 SEASHORE DR #B 4820 SEASHORE DR 1/2 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 jaded paa= ale!dwal 009TS O�JaAv 43!M algpedwo0 OOOTEaleldwalWE siage-1 Jase-1 Liquettes laser www.3M.com /labels Compatible aveclegabadt5160 0deAverya 1- 800 - 395 -1223 424 463 01 RESIDENT 4835 RIVER AVE NEWPORT BEACH, CA 92663 424 463 03 BERIT MONSRUD MITCHELL 112 VIA LIDO NORD NEWPORT BEACH, CA 92663 424 463 04 RESIDENT 4823 RIVER AVE NEWPORT BEACH, CA 92663 424 463 06 MITCHELL BERIT PO BOX 2683 NEWPORT BEACH, CA 92659 424 463 07 HUGUETTE WILSON 4809 RIVER AVE NEWPORT BEACH, CA 92663 424 463 08 RESIDENT 227 48TH ST NEWPORT BEACH, CA 92663 424 463 10 LOUIS NARENS 4800.5 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 463 11 RESIDENT 4802 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 463 13 RESIDENT 4806 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 463 14 RESIDENT 4810 NEPTUNE AVE NEWPORT BEACH, CA 92663 -'Y ['� rr 1) 424 463 01 WHITE 14 SWIFT CT NEWPORT BEACH, CA 92663 424 463 03 RESIDENT 4827 RIVER AVE NEWPORT BEACH, CA 92663 424 463 05 RESIDENT 4821 RIVER AVE NEWPORT BEACH, CA 92663 424 463 06 RESIDENT 4815 RIVER AVE NEWPORT BEACH, CA 92663 424 463 08 MANOUCHEHR MOSHAYEDI 2121 BAYSIDE DR CORONA DEL MAR, CA 92625 424 463 09 GREGORY JOHN WIGGINS 4801 RIVER AVE NEWPORT BEACH, CA 92663 424 463 10 RESIDENT 4800 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 463 12 ERNEST J EREDIA 4804 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 463 13 RESIDENT 4808 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 463 02 NEWPORT RIVER RE HOLDING. LLC 4831 RIVER AVE NEWPORT BEACH, CA 92663 . 424 463 04 EBBTIDE PROPERTIES LLC 1101 EBBTIDE RD CORONA DEL MAR, CA 92625 424 463 05 SAYWITZ PROPS ONE BARRY 4819 RIVER AVE NEWPORT BEACH, CA 92663 424 463 06 RESIDENT 4815 RIVER AVE 1/2 NEWPORT BEACH, CA 92663 424 463 08 RESIDENT 4805 RIVER AVE NEWPORT BEACH, CA 92663 424 463 09 RESIDENT 231 48TH ST NEWPORT BEACH, CA 92663 424 463 11 HORGAN 17 S PEAK LAGUNA NIGUEL, CA 92677 424 463 13 MARGARET MURPHY PO BOX 2115 LAKE ARROWHEAD, CA 92352 424 463 14 DAN & CYNDI DUDDRIDGE 12011 SKYWAY DR SANTA ANA, CA 92705 424 463 15 424 463 15 FRANK CHEE RESIDENT 16922 NEW PINE DR 4812 NEPTUNE AVE HACIENDA HEIGHTS, CA 91745 NEWPORT BEACH, CA 92663 jaded paa3 aleldwal®09TS &AjaAV q m@lggedwo0 0-00TEaaeldwalWE ® slage-1 jase-1 ttiquettes laser www.3M.com /labels Compatible avec [a gabarit 51600 de Avere 1 -800- 395 -1223 424 454 04 424 454 05 LEE JAY GITTLEMAN ELEANOR TODD 4705 SEASHORE DR 4703 SEASHORE DR NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 424 461 06 DAVID S WOOTERS 20442 BAY VIEW AVE NEWPORT BEACH, CA 92660 424 461 07 RESIDENT 5000 NEPTUNE AVE 1/2 NEWPORT BEACH, CA 92663 424 462 02 RESIDENT 4919 RIVER AVE NEWPORT BEACH, CA 92663 424 462 04 RESIDENT 4909 RIVER AVE NEWPORT BEACH, CA 92663 424 462 05 WILLIAM WORDEN 8 WATERFORD WAY NEWPORT BEACH, CA 92657 424 462 06 SERGIO AVILA 3809 SEASHORE DR NEWPORT BEACH, CA 92663 424 462 08 M & M TRUCKING CO LLC 1698 ROSEMIST LN CHINO HILLS, CA 91709 424 462 10 RESIDENT 4906 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 462 11 RESIDENT 4908 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 461 06 RESIDENT 5001 RIVER AVE NEWPORT BEACH, CA 92663 424 462 01 RUPERT JOSEPH 4923 RIVER AVE NEWPORT BEACH, CA 92663 424 462 04 CHARLES S MANNING 29214 OLD WRANGLER RD CANYON LAKE, CA 92587 424 462 05 RESIDENT 4907 RIVER AVE NEWPORT BEACH, CA 92663 424 462 06 RESIDENT 275 49TH ST NEWPORT BEACH, CA 92663 424 462 07 CHARLES A DARQUEA 3733 MACBETH DR SAN JOSE, CA 95127 424 462 08 RESIDENT 4902 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 462 10 S PETER SMITH PO BOX 3004 NEWPORT BEACH, CA 92659 424 462 12 MARKPOUND PO BOX 1712 NEWPORT BEACH, CA 92659 .k... a?'1 `i ] 424 454 05 RESIDENT 4703 SEASHORE DR 1/2 NEWPORT BEACH, CA 92663 424 461 07 IRMGARD H YOUNG 5000 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 462 02 CLINTON W SMITH 1206 NOTTINGHAM RD NEWPORT BEACH, CA 92660 424 462 04 RESIDENT 4911 RIVER AVE NEWPORT BEACH, CA 92663 424 462 05 RESIDENT 4905 RIVER AVE NEWPORT BEACH, CA 92663 424 462 06 RESIDENT 255 49TH ST NEWPORT BEACH, CA 92663 424 462 07 RESIDENT 4900 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 462 09 RESIDENT 4904 NEPTUNE AVE NEWPORT BEACH, CA 92663 42446211 DAVID CHARLES SEYLLER PO BOX 18020 IRVINE, CA 92623 424 462 12 RESIDENT 4910 NEPTUNE AVE NEWPORT BEACH, CA 92663 jaded poad ateldwal e09T9 etiany qm alggedwo0 0-00T£aaeldwalW£ Slagel Jase-1 ttiquettes laser Compatible avec le gabarit 5160 0de Avery® 424 411 12 JAMES A ANDERSON 4708 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 414 02 RESIDENT 4714 SEASHORE DR NEWPORT BEACH, CA 92663 424 414 04 JEFFREY LYSDALE 4704 SEASHORE DR NEWPORT BEACH, CA 92663 424 452 02 RESIDENT 4909 SEASHORE DR NEWPORT BEACH, CA 92663 424 452 03 RESIDENT 4907 SEASHORE DR NEWPORT BEACH, CA 92663 424 452 05 JUANITA SIRIANI 4903 SEASHORE DR NEWPORT BEACH, CA 92663 424 453 01 KIM J CHARNEY 214 EVENING STAR LN NEWPORT BEACH, CA 92660 www.3M.com /labels ' 1- 800 - 395 -1223 424 414 01 RESIDENT 4718 SEASHORE DR NEWPORT BEACH, CA 92663 424 414 03 A & W LLC 6720 N SCOTTSDALE RD 4130 PARADISE VALLEY, AZ 85253 424 414 01 YVONNE L RICHARDS 1315 N PUENTE ST BREA, CA 92821 424 414 03 RESIDENT 4710 SEASHORE DR NEWPORT BEACH, CA 92663 424 414 05 424 414 05 LUCY HOELZEL RESIDENT 8726 SHANNON RIVER CIR 4700 SEASHORE DR FOUNTAIN VALLEY, CA 92708 NEWPORT BEACH, CA 92663 424 452 02 VMF 2560 E CHAPMAN AVE #173 ORANGE, CA 92869 424 452 04 KIDUSHIM 4905.5 SEASHORE DR NEWPORT BEACH, CA 92663 424 452 06 MATTHEW JONES PO BOX 2388 FULLERTON, CA 92837 424 453 01 RESIDENT 4811 SEASHORE DR NEWPORT BEACH, CA 92663 424 453 03 424 453 04 WILLIAM HERBERT MARSHALL WILLIAM BECK 4807 SEASHORE DR 4805 SEASHORE DR NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 424 453 05 424 454 01 ROMA ROCKWELL MCCAFFREY CAROL WIOR PO BOX 267 7533 GARFIELD AVE WASCO, CA 93280 BELL GARDENS, CA 90201 424 454 02 424 454 03 BEVERLY A EVANS RESIDENT 4709 SEASHORE DR 4707 SEASHORE DR NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 jaded pea j �-001£aleldwalWE ® , 424 452 03 EDWARD J HERBST 5195 LAS VEGAS BLVD S LAS VEGAS, NV 89119 424 452 04 RESIDENT 4905 SEASHORE DR NEWPORT BEACH, CA 92663 424 452 06 RESIDENT 4901 SEASHORE DR NEWPORT BEACH, CA 92663 424 453 02 RICH MCHUGH 4809 SEASHORE DR NEWPORT BEACH, CA 92663 424 453 05 RESIDENT 4801 SEASHORE DR NEWPORT BEACH, CA 92663 424 454 01 RESIDENT 4711 SEASHORE DR NEWPORT BEACH, CA 92663 424 454 03 TMS BEACH PROPERTIES LLC 1201 S ALMA SCHOOL RD 99500 MESA, AZ 85210 aleldwal ®0919 a/jany g7pn algl;edwo0 slage-I aase-1 Etiquettes laser Compatible avec le gabarit 5160® de Averym 114211 36 D & K JOHNSON 4832 RIVER AVE NEWPORT BEACH, CA 92663 114 211 39 JUDY ANNE WHITE 4820 RIVER AVE NEWPORT BEACH, CA 92663 114 211 41 ROGER S & CRISTINA WYETT 2400 SANTIAGO DR NEWPORT BEACH, CA 92660 114 211 44 MICHAEL P MORGAN PO BOX 2751 NEWPORT BEACH, CA 92659 www.3M.com /1abels 1- 800 - 395 -1223 114 211 37 KENNETH M ELLIS 4828 RIVER AVE NEWPORT BEACH, CA 92663 114 211 40 BALBOA BLVD LLC 4816 RIVER AVE NEWPORT BEACH, CA 92663 114 211 42 MORRIS H ROLLINS 4808 RIVER AVE NEWPORT BEACH, CA 92663 114211 44 RESIDENT 4800 RIVER AVE NEWPORT BEACH, CA 92663 114 211 46 424 411 01 SANDS COMMUNITY ASSN LIDC VINCENT HUGH ZIMMERER 0 PO BOX 1373 224 48TH ST NEWPORT BEACH, CA 92659 NEWPORT BEACH, CA 92663 424 411 03 JOY CONNICK PARKER 4715 RIVER AVE NEWPORT BEACH, CA 92663 424 411 05 HOSSEIN DAMAVANDI 30402 VIA ESTORIL LAGUNA NIGUEL, CA 92677 424 411 07 RONALD H EOFF 1223 VIA PRESA SAN CLEMENTE, CA 92672 424 411 09 STEVEN W GENTILE 4702 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 411 10 RESIDENT 4704 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 411 04 BERNARD SUBKOSKI 2968 PASSMORE DR LOS ANGELES, CA 90068 424 411 05 RESIDENT 4703 RIVER AVE NEWPORT BEACH, CA 92663 424 411 08 GUNTER C MAYER PO BOX 3073 NEWPORT BEACH, CA 92659 424 411 10 JOHN B WALDRON 1848 PORT TAGGART PL NEWPORT BEACH, CA 92660 424411 11 GILES F ALLISON 2112 FELIPE NEWPORT BEACH, CA 92660 r 114 211 38 GREGORY M ENRIQUEZ 4824 RIVER AVE NEWPORT BEACH, CA 92663 114 211 41 RESIDENT 4812 RIVER AVE NEWPORT BEACH, CA 92663 114211 43 RESIDENT 4804 RIVER AVE NEWPORT BEACH, CA 92663 114 211 46 RESIDENT 4700 LIDO SANDS DR NEWPORT BEACH, CA 92663 424 411 02 )SCOTT D LAIDLAW 4719 RIVER AVE NEWPORT BEACH, CA 92663 424 411 04 RESIDENT 4709 RIVER AVE NEWPORT BEACH, CA 92663 424 411 07 RESIDENT 133 47TH ST NEWPORT BEACH, CA 92663 424 411 08 RESIDENT 4700 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 411 10 RESIDENT 4704 NEPTUNE AVE 1/2 NEWPORT BEACH, CA 92663 424 411 11 RESIDENT 4706 NEPTUNE AVE NEWPORT BEACH, CA 92663 jaded paaj aleldwal®09T9®Ajanv gm aiggedwo0 OOOTEa1eldwalVIE ® slagegcase -1 Ctiquettes laser Compatible avac le gabarit 51609de Avery9 114 211 01 MARK D JORDAN 4801 LIDO SANDS DR NEWPORT BEACH, CA 92663 114 211 03 RICHARD H PERKINS 685 W MAIN ST TUSTIN, CA 92780 114 211 05 RESIDENT 4819 LIDO SANDS DR NEWPORT BEACH, CA 92663 114 211 08 KTBM 4831 LIDO SANDS DR NEWPORT BEACH, CA 92663 114 211 11 BIJAN RESIDENCE HOSSEINI 4905 LIDO SANDS DR NEWPORT BEACH, CA 92663 114 211 13 LISA LISHERNESS 4915 LIDO SANDS DR NEWPORT BEACH, CA 92663 114 211 15 LINDA BROWN 5001 LIDO SANDS DR NEWPORT BEACH, CA 92663 www.3M.comllabels ' 1- 800 - 395 -1223 114 211 30 GEORGE JTHOM 1763 ALEXANDER DR BLOOMFIELD HILLS, MI 48302 114 211 31 ROBERT WAYNE BROWN JR. 507 CLUBHOUSE AVE NEWPORT BEACH, CA 92663 114 211 33 CRAIG DANIEL MEDICI 4908 RIVER AVE NEWPORT BEACH, CA 92663 114 211 02 EDITH F OLIVER 4805 LIDO SANDS DR NEWPORT BEACH, CA 92663 114 211 04 ROGER ALAN BROWN 4815 LIDO SANDS DR NEWPORT BEACH, CA 92663 114 211 06 MARGARET A LINDROTH 4823 LIDO SANDS DR NEWPORT BEACH, CA 92663 114 211 09 STEPHEN G BADUM 4835 LIDO SANDS DR NEWPORT BEACH, CA 92663 114211 03 RESIDENT 4809 LIDO SANDS DR NEWPORT BEACH; CA 92663 114 211 05 DAVID L ARNOLD 14 BEACON BAY NEWPORT BEACH, CA 92660 114 211 07 VICTOR A ROSSI 4827 LIDO SANDS DR NEWPORT BEACH, CA 92663 114 211 10 L'D SCHMITZ 4901 LIDO SANDS DR NEWPORT BEACH, CA 92663 114 211 12 114 211 12 CHARLES F ALBERTALLI RESIDENT PO BOX 3747 4909 LIDO SANDS DR HUNTINGTON BEACH, CA 92605 NEWPORT BEACH, CA 92663 114 211 14 CONRAD SALINAS 23048 VICTORIA ST GRAND TERRACE, CA 92313 114 211 29 HERBERT H ROTHMAN 21045 CALIFA ST #100 WOODLAND HILLS, CA 91367 114211 30 RESIDENT 5000 RIVER AVE NEWPORT BEACH, CA 92663 114211 32 D L & Q A ROGERS 11020 MUIRMELD DR RANCHO MIRAGE, CA 92270 114 211 34 PAMELA MOLFETTA 4904 RIVER AVE NEWPORT BEACH, CA 92663 114 211 14 RESIDENT 4919 LIDO SANDS DR NEWPORT BEACH, CA 92663 114 211 29 RESIDENT 50.04 RIVER AVE NEWPORT BEACH, CA 92663 114 211 31 RESIDENT 4916 RIVER AVE NEWPORT BEACH, CA 92663 114 211 32 RESIDENT 4912 RIVER AVE NEWPORT BEACH, CA 92663 114 211 35 KENNETH WEISS 4900 RIVER AVE NEWPORT BEACH, CA 92663 jaded paa3 aleldwal 009TS6hlanyg1!ma1gi1edwo0 OOOTEaleldwalWB ® slage-1Jase-1 PROOF OF PUBLICATION RECEIVED 7011 JUL 22 AM la 16 OFFICE vC OF STATE OF CALIFORNIA; S ITYO F`CITY OL CLERK 1 COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the "Newport Harbor News Press combined with Daily Pilot", which was adjudged a newspaper of general circulation for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and correct copy that was printed and published on the following date(s): July 16, 2011 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on July 20, 2011 at Los Angeles, California i Signature NOTICE W POBHC HEARING N O T I C E O F COMPLIANCE REVIEW OF MORNINGSIDE RECOVERY, LLC D E E L 0 PM EN7 AGREEMENT NO. 2010 -001 PA2011- 107 NOTICE IS n EBY day, EN that 0 Tuesday, 7:0, July 2a 2011 et 7 :00 will p.m., b a public hearing will be conducted in the City Council Chambers (Building A) a 3300 Newport Boulevard, Newport Beach. The City Council will review evi- dence, an both written and oral, of the actions tak- en by MLC since June Re- covery. LLC since June 15, 2011, to achieve compliance with the terms of the Develop- . ment Agreement entered into on September 28, 2010, between the City and Morningside Recov- ery, LLC. The review of this Devel. opment Agreement is exempt from the Cali- fornia Environmental Quality Act ( "CEQA ") ,pursuant to Section 15321 (Enforcement Ac- tions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations. Ti- tle 14, Chapter 3, be- cause it has no potential to have a significant effect on the environ- ment. All interested parties may appear and present testimony in regard to this application. It you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this no. tice) or in written cor. respondence delivered to the,City, at or prior to, the review. The agenda, staff re- port, and documents may be reviewed at the City Clark's Office (Building B), 3300 flewport Boulevard, NewpeM Beach, Cell- i fa.nia. 92663. or at Beach website at w w w. no w pp e r t beachco.gov an 1ha Fri- day prier to the hear- ing. For more informa- tion please call 949 - 644.3005. For questions regarding details of the project please contact Janet Johnson Brown, Asso- ciate Planner at (949) 644 -3236 or ibrownO Project File No.: PA2011 -107 Activity No.: Develop ment Agreement Location: 4823 A & B River Avenue, 112 B 39th Street (this facility closed November 30, 2010), 29 Ima Loa Court, 100 Via Antibes, 102 Via An. tibes, 208 Via Lido Soud, and 533 Via Lido Soud mss/ Leilani I. Brown, City Clerk City of Newport Beach Published Newport Beach /Costa Mesa Daily Pilot July 16, 2011