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HomeMy WebLinkAbout15 - Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150) - CorrespondenceReceived After Agenda Printed October 27, 2015 Item No. 15 From: Denys Oberman <dho@obermanassociates.com> Sent: Saturday, October 24, 2015 7:48 PM To: Dept - City Council; Kiff, Dave; Harp, Aaron; City Clerk's Office; dho@obermanassociates.com Subject: COMMMENTS - Review of operating permit for SOBER LIVING BY THE SEA Attachments: Comments for the Public Record- Operating permit review and approval for business, Sober Living by the Sea ---Council session 10-27-15.docx Categories: Leilani Please distribute the attached Comments to the City Council and enter into the Public Record in connection with The Hearing to be conducted at the City Counciil meeting of October 27, 2015. Please confirm receipt. Thank you, Denys Oberman Please disregard the Confidentiality statement preprinted, below. Thank you. Regards, OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476-0790 Cell (949) 230-5868 Fax (949) 752-8935 Email: d�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. Via email- PLEASE DISTRIBUTE TO THE CITY COUNCIL AND ENTER INTO THE PUBLIC RECORD IN CONNECTION WITH HEARING OF OCTOBER 27, 2015 October 25, 2015 Comments — Review of Operating Permit Renewal for the business, Sober Living by the Sea, formerly of CRC Health Group, now Acadia Healthcare Co. Mayor and Members of the City Council : We understand that the City Council will be reviewing reports and recommendations of City staff pertaining to renewal of the operating permit for, the drug and alcohol residential care and treatment business, Sober Living by the Sea at the upcoming City Council meeting. Based on the input of neighbors in the community and direct observation, we believe that generally speaking this operator appears to be conducting its operation in a safe manner. There are several items which we request be addressed in connection with the City's review and satisfied as conditions of approval, of the Operating permit renewal. 1) This Operator has changed ownership as of Q1 2015, and , along with CRC Health Group, is now owned by Acadia Healthcare Co. In furtherance of being compliant both with local and state requirements, we request that the City immediately request and obtain written confirmation from the operator as to the following: a) Specific Information and Effective Date of Change of Ownership b) Evidence that such change in Ownership has been reported to , and approved by, applicable State agencies and divisions 2) Sober Living by the Sea has been operating under a Development Agreement with the City which is of questionable compliance with applicable CA State law, in terms of granting entitlements for properties as yet unknown and in which there is no equity or interest. These terms are similar to those of the previous Development Agreement that the City initiated with Morningside Recovery, and subsequently revoked . We expect that the business' new owners received representations customary with the sale/acquisition of a business concerning compliance. We believe that it would be mutually fair and reasonable for the Operator, the City and in the Public interest if the Development Agreement were updated to both reflect the new Owners, and modification acknowledging the Operators' current facilities, and bringing the operation into compliance by requiring the establishment of any new facility location to be subject to normal condition use review and permitting, with local ordinances applied to this business as they are to other such businesses. Via email- PLEASE DISTRIBUTE TO THE CITY COUNCIL AND ENTER INTO THE PUBLIC RECORD IN CONNECTION WITH HEARING OF OCTOBER 27, 2015 We request that the City Council direct the Operator to complete and provide evidence of satisfaction of the items 1 and 2 above, at which time the Operating Permit renewal can be granted; and, direct staff to follow up with Operator to obtain such evidence and agreements and report to the City Council and the public at the next City Council meeting. The fair and consistent administration of the City's ordinances is important to assuring public health and safety as relates both to addicts seeking legitimate treatment, and the community at large. Thank you. Denys Oberman Cc: Concerned Citizens of Newport Beach and various other groups and organizations with interest; D. Kiff-City Manager, A. Harp -City Attorney Received After Agenda Printed October 27, 2015 Item No. 15 HEALTH GROUP 20400 Stevens Creek Boulevard, Suite 600 • Cupertino, California ysu i4 • 811.ziz.3ms ram: 4us.jbi.uuju • vvVV O,,tubcr 27, 2015 City of Newport Beach KE: Sober Living by the Sea, Inc. Ladies and Uentlemen_ This luttuL wiifirms that Subei Living by the Sva, in.;. iviirailis a subsidiary of Lxu ricalth Group, int,. Effective February 11; 2015 the stock of CRC Health Group, Ing. was a'-'quired by A.,adia Health. arr, Company, Inc. As a result of this transaction, there have been no changes to the legate name, tax identification number, location, daily operations, services or personnel of Sober Living by the Sea, Inc. Sinc;GLcly, Nathaniel Weiner V1l G YiG'Jidcrrt K llGputy General Uouiiscl /wj