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HomeMy WebLinkAbout27 - Morningside Recovery - PA2011-107= CITY OF NEWPORT BEACH City Council Staff Report Q �gW PORT 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(aDnewportbeachca.gov and Office of the City Attorney David R. Hunt, City Attorney 949 -644 -3131, or dhunt(oDnewportbeachca.gov PREPARED BY: Janet Johnson Brown, Associate Planner APPROVED: a 4 LL-�n i - v V 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. 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. 1 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. 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 10th 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 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.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). J 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 Review Report 9 Admin. Citations TOTALS: 21 email /Ietterwarnings 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. 0 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 30th, September 30th, and December 31St 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). 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. May 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 0 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 4523 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. 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. 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 11 12 City Council Attachment A Resolution No. 2s 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-. 9, apprpving Development Agreement DA2010 -001 between the City and Morningside Recovery, LLC (Morningside) on September 28, 2010. The Development Agreement i61--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_Mornings,ide 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,:2010, 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 beendetermined 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. 15 City Council Resolution No. Page 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. Tmpll: 03/08111 10 City Council Resolution No. Pape 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 park ing 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 1 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: 03/08/11 27 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 141h June, 2011, by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK Tmpll: 03/08/11 12 EXHIBIT 1 29 20 N O T I C't b r. VIOLATION CIT_ OP NEWPDRT;ESEACH Comrtiuifity %Devoloornen6Deoarfmont Code Enforcement. Division 3300 Newport810, ' Newpdrt.Beach, CA 92663 949 -644 -3215 ' Nuuihor: t20�19�0358 Date: 6411412011 .Name-of Owner or. Business.: MORNI NGSIDE'RECOVERY, -LLC . 3421 VfAAPORTO, SUITEA$0D NEWPORT BEACH,CA;92683 An inspection of premises located 'af3424.VIA.OPORTO.NB.in4he City of Newport Beach, on,0411392044 revesled.a violation(s);of the Newport BeachWunicipal code. WARNING ONLY (j PREVIOUSLY ADVISED j NEWPORT BEACH MUNICIPAL CODE SECTION( S) /'DESCRIPTIONS OFVIOLATION(S) 1: MCI 0;50.020H, VIOLATION OF USE PERMIT 1. AS,REQUIRED BY DEVELOPMENT AGREEMENT'2010= 001,(EXHIBIT.A, SECTION Iil(NI -)', MORNINGSIDE RECOVERY SHALL SUBMIT A COMPLIANCE REVIEW REPORT TO TIff-CITY OWOR BEFORE:MARCH 34, JUNE80, SEPTEMBER 30,.AND OECEMBEW31... 2. THE COMPLIANCE REV,IEW`REPORT DUE MARCH 31, 2011 HAS NOT.BEEN .SUBMITTED TO THE CITY. 3:PLEASE SUBMIT A COMPLIANCE.REVIEW'REPORT TO THE CITY BY APRIL 19, 2011. - THfS- VIOLATION MUSTBE CORRECTED ON OR BEFORE 7 �p . , If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION maybe issued.and penalties will begimto accrue ($100:00, $200:00; AND $500;00), each day. Additional enforcement actions such. as administrative abatement,: civil penalties, Prosecution and /or civil injunction may be utilized to correct this violafio.n(s). A.REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTIONS) .IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN -TO ACCRUE: PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOUI 710N.(S)-CLEARED ¢;S•OF (DAT.E:INSPECTED) OFFICER ID. #,0309 Name'oFOwner orBusiness-: NOTICE' o.F - V10ti4T1QN _ CITY CF'NEWPORT BEACH CODE "& Water Quality" Enforcement 330DNewpoit Blvd:. Newport-Beadli, CA &2863 949�644.3215 MORNINGSIDE:RECOVERY, LLC .3421 V1AAP0 RTO, .SUITE 200 NEWPORT "B EAC H, CA, 92663" Number, 120`10-1140 Date: 11102/2010 An.inspection.of premises located-a0421 VIA OPORTO NS in the City of Newport Beach, on 11/021.010 revealed a violation {s) a €the Newport Beach-Municipal code, _- WARNING ONLY [ PREVIOUSLY-ADVISED C j FINAL WARNING j)T] if3Is VIOLAFi0yj5) OR[ G) NIX43a 'EKO�GHT$TOn^�gtq%7TENTIONiON CORREtxCEDtORiREsolz 7118ffiv NEWPORT BEACH MUNICIPAL CODE SECTION(S) / OESCRIPTIONSOFVIOLATION(S) 1: MC 16:50.020H' VIOLATION -OF USE PERMIT GORREETf ON(SNRE4UIRED� " 1. CONDITION.NO, I- OF ZONING AGREEMENT NO. DA2010.ODI LIMITS THE NUMBER OF CLIENT BEDSTO30`IN THEPENINSULAZONE.AND A MAXIMUM OP 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 N0.1. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE t 1. S �/ 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 $500.00) each day. Additional Enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A.REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY SE.ISSUED AND FEES WILL.BEGIN TO ACCRUE: PRINT'NAMEOF OFFICER I 1 �W7- nSYts�° SIGNATURE -OF OFFICER VIPLATIPN(S)CLEAREDAS OF _ _ (DATE.INSPECTED) OFFICER ID #0309 n . .. _ 2 . }: NOTICE' o.F - V10ti4T1QN _ CITY CF'NEWPORT BEACH CODE "& Water Quality" Enforcement 330DNewpoit Blvd:. Newport-Beadli, CA &2863 949�644.3215 MORNINGSIDE:RECOVERY, LLC .3421 V1AAP0 RTO, .SUITE 200 NEWPORT "B EAC H, CA, 92663" Number, 120`10-1140 Date: 11102/2010 An.inspection.of premises located-a0421 VIA OPORTO NS in the City of Newport Beach, on 11/021.010 revealed a violation {s) a €the Newport Beach-Municipal code, _- WARNING ONLY [ PREVIOUSLY-ADVISED C j FINAL WARNING j)T] if3Is VIOLAFi0yj5) OR[ G) NIX43a 'EKO�GHT$TOn^�gtq%7TENTIONiON CORREtxCEDtORiREsolz 7118ffiv NEWPORT BEACH MUNICIPAL CODE SECTION(S) / OESCRIPTIONSOFVIOLATION(S) 1: MC 16:50.020H' VIOLATION -OF USE PERMIT GORREETf ON(SNRE4UIRED� " 1. CONDITION.NO, I- OF ZONING AGREEMENT NO. DA2010.ODI LIMITS THE NUMBER OF CLIENT BEDSTO30`IN THEPENINSULAZONE.AND A MAXIMUM OP 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 N0.1. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE t 1. S �/ 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 $500.00) each day. Additional Enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A.REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY SE.ISSUED AND FEES WILL.BEGIN TO ACCRUE: PRINT'NAMEOF OFFICER I 1 �W7- nSYts�° SIGNATURE -OF OFFICER VIPLATIPN(S)CLEAREDAS OF _ _ (DATE.INSPECTED) OFFICER ID #0309 n . .. _ 2 �ylvroA .�i c�trruxY% . NOTICE OF VIOLATION CITY OF NEWPORT BEACH .CODE 3 Water Quality Enforcement 330D Newport Blvd. Newport Beach; CA 92663 9411. 644.3215 Name of Owner or Business : MORNINGSIDE.RECOVERY :,G I. 3421 VIA OPORTO, STE 200 NEWPORT BEACH,CA,92683 _,Number. 12011 .0116 Date: 01/31/2011 An Inspection of premises located at 4823 RIVER AVE NB in the City of Newport Beach, on D112612011 revealed a violallon(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING '[ HjS`: VIQLATION.( S): WABOI (d(:$ryBR0U.f3.,!''CC.YdUitl!' RAM. T7015. 0',,' r;"!-?;;:..' .'ANDYbIf_HAV[:,}JC7`_,;'.:;Y;; :.. NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 6.04.090, GARBAGE AND REFUSE CONTAINER 2: MC 10.50.020H, VIOLATION OF USE PERMIT MR— kECTIONISY REQUIREM 1, ON JANUARY 2% 2011, THE REFUSE CONTAINERS ATTHE 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.BE CORRECTED ON OR BEFOR If the violation Is not corrected by the date specified, an ADMINISTRATIVE CITATION may be be issu�alties will begin to accrue ($10D.0D, . $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 CORRECTIDN(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 ... No IctbFMbLATION CtTyiOF NEwPoRT-BEACH CommunitV Devel6piKarit Department Code Enfdreelnrint Dlvlslon ' 3300,N(wportBlvd, Newport- Beach; CA 92663 .949444.3215 Number.. 12011=0211 Dale: 031401201/ Nameol Owner orrBusiness : .MORNINGSIDE.RECOVERY y& I!• 3424, VIA OPORT01 #20D NEWPORT BEACH;CA,92663 Aw4rispeetionef premises located at 4023 RIVER AVE IN in Ike City of Newport Beach, on 0311012091 revealed a violation(s) oflheNewport. Beach:Munfclpal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING NEWPORT BEACH MUNICIPAL CODE:SECTION(S) I DESCRIPTIONS_ OF VIOLATION(S) I: MC�6,04.00, GARBAGE:AND.REFUSE CONTAINER REQUIREMENTS 2: MC 10.51020H, VIOLATION OF'USE PERMIT CwRECIFlbTY151 tE'Gtpfl EEl'N 1. TRASH CANS MUST;HAVE UDS-ON THEM AT ALL TIMES AS REQUIRED BY CONDITION NO, 6 OF-THE ZA AND NBMG6.04.090_ THANKS. THIS VIOLATION MUST BE CORRECTED ON OR BEFQRE Jygfglelele rZ,� If the violation is not corrected by the date.speciried, an ADMINISTRATIVE CITATION may be-issued and penalties will begin to accrue ($100100, $200:60, AND .$500.00) each .day. Addidonal 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 SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF /4�li_Co5& Z � , (DATE INSPECTED) OFFICERAD 9 0309 �T_ NOTICE OPNIQLATIGN N C ITY - C)FNEWPQRT BEACH s CODE & ate Quality Enforcement ro 3 300. Newport Alvd. Newport 9eadh,.CA 99663 949$44.321.5 -- Number., 1201 0 1 18 8 Date: 11/1012010 Name of Owner or Business:: MORNINGSIDERECOVERY, LLD 3421. VIA- OPORTO, SUITE 200 NEWPORT BEACH „CA,92663 An inspection of premises. located a64823.RIVER AVE NEI 'in. the City ofNewport.8each, on 1110 5120 1 0 revealed e vielatien(s).ofthe Newpon'Beach�Municipal code. WARNING ONLY PREVIOUSLYADVISED, FINAL WARNING NEWPORT BEACH MUNICIPAL.COOE:SECTION(S) / DESCRIPTIONS-OF VIOLATION(S) 1: MC10:50:020H, VIOLATION:OF-USE.PERMIT COR. RECT NI51 R &IFJIREb` -1.. AS ?REQUIRED BY'CONDITION:NO. 7 OF ZONING AGREEMENT NO..DA20103)011 . MORNINGSIDE RECOVERY WILL NOT ALLOW CLIENTS, STAFF, OR RESIDENTS TO- LITTER CIGARETTE. BUTTS ON TNEGROUND; FLOOR, DECK, SIDEWALK, GUTTER; BOARDWALK, -OR STREET,. 2 „P(EASE:REMOVE.ALL OF'THE CIGARETTE BUTTS ANDTRASH ;FROM THE'CITY PLANTERS AT THE FRONT OF THE 'PROPERTY. THE PLANTERS MUST BE'KEPTFREE:OF CIGARETTE BUTTS AND TRASH AT ALL TIMES, THANKS. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE�,r .ilf 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 '$500:00) -'each. day. Additional enforcement actions -such as administrative abatement,, civil penalties, prosecution and/or clvil'injunction may be utilized to cotreet this violation(s). -A. REINSPECTION. WILL BE- MADE'.ON OR AEFER THE CORRECTION DATE; 'IF THE CDRRECTION(S) IS NOT COMPLETED. AN ADMINISTRATIVE CITATION MAY BE ISSUED.AND.FEES�WILL.BEGIN TO ACCRUE. PRINT NAME OF-OFFICER SIGNATURE OF:OFFICER A 3"O Name of Owner or Business NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE.& Water Quality Enforcement 3300- Newport Blvd, Newport Beech, CA 92663 949. 644 -3215 MORNINGSIDE RECOVERY 3421 VIA OPORTO, SUITE #200 NEWPORT BEAC H,CA,92663 Number: Date: 12010.1172 1110912010 An inspection of premises.localed at 533 VIA LIDO SOLID N81n the City of Newport Beach, on 1110012010 favealed a violalion(s)'of the Newport Beach Munlcipalcode: WARNING' ONLY PREVIOUSLY ADVISED PEI FINAL WARNING f [ TFJISyIOLA' rt ONjS jIWA'StQRIGINALL- WBROUGHTTOY -0 R ATTENTION ON , AN_D YOU HAVENOT -' NEWPORT BEACH MUNICIPAL CODE SECTION(S) /DESCRIPTIONS OF VIOLATION(S) 1: MC 10;50.020H, VIOLATION OF USE PERMIT CO RR ECTION(ST RE(ri11RED7 1. A$ REQUIRED BY CONDITION NO, 7 OF TONING AGREEMENT N0; OA201"01, NO CLIENTS, GUESTS, STAFF, OR ANY OTHER USERS OF 533. VIAL @0 SOLD 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 SECONOHAND'SMOKE GENERATED BY PATIENTS, CLIENTS, CUSTOMERS, AND /OR STAFF, THIS VIOLATION MUST BE CORRECTED ON OR BEFORE- KIoprC "r 6Z. If the violation is not corrected by the date specifled,.an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200:00, AND $500:00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized'to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER zn�C SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID 9 0309 Name of'Owner:ar Business N:OTICEAd 10LAT1:ON : CITY ;OF- NEWPORT BEACH CODE' &`WatarQuallty EnOceinant 3300.Nowport Blvd, NaWO&fBeach. CA 92063 949-W-3216. MO R NINGSI DE: RECOVERY 3404 VIA- 4I001A NEWPORT BEACHiCA,92663 Number.. Date: 12010-1049 10/1612010 An inspection of ptamises located:al 4923 RIVER.AVE Nein the City of Newport Beach, on 1D/0512010 revealed a oiolntlon(s) af4he. Newport Beach Municlpal code. WARMING ONLY PREVIOUSLY ADVISED [ } FINAL WARNING �J " HIS-= YIU6A97.Of1(5)'V.�L`,,0'R� INFy�'LY BRbl1QE�F�70,�'AUR' TiFEN�IOti.DFl� -�� G.�ND�KOUiR„if� Etf70� - .0.OR)tEGTED NEWPORT BEACH MUNICIPAL.CODE SECTION(S) PDE.SCRIPTI.ONS OF VIOLATION($). 11,14C 20'66.020; PARKING.AND LOADING REQUIRE 2: MC 20.66.040, RESIDENTIAL DISTRICT - PARKING CORREGTJONI$IiREO('JIREDN 1; THE GARAGE MUST BE KEPT CLEAR AND ACCESSIBLE FOR THE PA-RKING'OF VEHICLES AT ALL-TIMES. 2. PLEASE'RiEMOVE ALL STORAGE.FROM'THE GARAGE AND-SQHEDULE.AN'INSPECTION TO VERIFY THAT THE'STORA'GE -HAS BEEN REMOVED. THANKS. THIS VIOLATION 'MUST BE CORRECTEb ON OR BEFORE If the vio)ation:Es not corrected by the date:specified, an ADMINISTRATIVE CITATION may.be.issued and penaI0es.will'5eglh to.accrue.($100.0D', $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 NAMEiOF OFFICER. SIGNATURE OF OFFICER VIOLATION(S) CLEAREu AS -OF (DATE:INSPECTED)- .OFFICER ID* 0309 4 NOT_ 10E OF VIOLATION E CITY "OF NEWPORT BEACH v - 5 CODE 8 Water Quality NEWPORT, 3300 Newport Blvd. Newport Beach, CA-92663 949 "6443216%, Number. 12010 -1049 Date: 1012212010, Name•.ofOwner.or Business ; MORNINGSIDE.RECOVERY 3404•VIALIDO #A NEWPORT BEACHiCA,9266e An inspection of premises located:at4823'RIVER AVE NB in Ihe:Cliy of Newport-Beach, on 1 012212 0 1 0.revealed a viola(Ion(s) of9he Newport Beach-Municipal code. . WARNING ONLY FREWOUSLY.ADVISED [ ] FINAL WARNING [ 'FHlS- V10...... (�iWA &ORIGINAkL' BR UGH,T? 1'�'OUR'AT�'fEr -TLON Otr' S-- - �ANDxY90f{iAYE -ND'C" CgCiREGTEC%Oiiv7E50LVl• =D IHE_VLOCA3iONiS)L &_ '", NEWPORT BEACH.MUNICIPAL CODE SECTION(S).PDESCRIPTIONS OF VIOLATIONS) 1! MC20.66: 020;' PARKING " AND:LOADING'REQUIREMENTS 2: MC'20.66.040, RESIDENTIAL DISTRICT PARKING CORREGF.1'ONiS1REtTU1RE0= 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:INSPECTIONTO VERIFY THAT THE STORAGE HAS BEEN REMOVED. - THANK YOU THIS VIOLATION MUST BE CORRECTEOON'OR BEFORE 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 $50000) 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 CITATION MAY BE.ISSUED.AND FEES'WILLBEGIN TO ACCRUE. PRINT'NAME.OF OFFICER SIGNATURE OF- OFFICER VIOLATIONS) CLEARED AS OF .(DATE INSPECTED) OFFICER IDA 0315 I _.. �g NOTICE 't?I= `WOLATIO'N: CITY OF NE' 0gT BEACIi CODE:B Water Quality- 'Ehforaament 3300 Nawport.Blvd. " NewportBeaeh; CA 92653 949. 6444215 Name :of- Owner or Buslness:: MORNINGSIDERECOVERY, LLC -3421 VIA OPORTO, SUITE 200. NEWPORT BEACH;CA,92663 ............ Number. 12010,1142: 'Date: 1170212010 An inspectlowof premises located at 29 IMA LOA.CT NB-in the City of Newport Beach, on 11/02/20AD revealed a violation(s) of1he Newport.Beach'Municloal.code, WARNING ONLY PREVIOUSLY ADVISED 2 ] FINAL WARNING mils +t<raL �o�l @ >` yea,, ��al�is�3` e�ot�HT�TOYOU `R��Nnox,o�- ���` =� Tc;ND.rnulN9�tE�Ngr�� -- CflRL2Ef: TE�ORIRFS .OLA!�d`(f3E,VI1JLAITQN(Sj� NEWPORT BEACH MUNICIPAL CODE SECTION(S)/ DESCRIPTIONS OF VIOLATION(S) .1:. MC10150.020I1, VIOLATION OF USE PERMIT BLiRREGi70N(SjiREQ 1. CONDITION CONDITION NO. .6 OF'ZONING AGREEMENT NO. DA2010 -001 REQUIRES THAT GARAGES AND OTHER PARKING SPACES AT ALL MORNINGSIDE.RECO.VERY FACILITIES BE KEPT - CLEAR, UNOes,rRUCTEO,.AND.AVAILABL:E FOR PARKING. 2. PLEASE CLEAR THE GARAGE PARKING SPACES AND SCHEDULE. AN INSPECTION To VERIFY THAT THE GARAGE IS ACCESSISLE.FOR PARKING: THIS VIOLATION. MUST. BE CORRECTED ON OR.BEFORE i s b f? If the violation.is.not corrected by the.date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to.accrue $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- MAY 'BE'ISSUED AND FEES WILL BEGIN'7A ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLFARED.AS:OF (DATE INSPECTED) OFFICER ID .# 0309 NOTICE OF. VIOLATIC44 CITY NEW RE497. ( CODEA; ateiQuilit y Enfo�.Cem b ht- 33=*"ot Blvd.- Nqwpor6eadh, CA kii63 Number. :120.10-1141 Date: 1170212010 Name of Owner orBusiness M.O.RNINGSIDE RECOVERY, LLC *21. M?k-OPORTO, SUITE-200 'NEW PORTBEACH;CA;92663 An inspPoticin-of.Treffilses Ioddted.qt-102'V.1lkANTlBESNB in1he City of Newpoff-Beach,-on 11/02120.10%ravealed.a violation(s) of..the�lr4ewpPR.Peac.h,Mtinlcipal:code. WARNING ONLY :N/1 PREVIOUSLY ADVISED FINAL WARNING :NEVRORT BEACH MUNfdIPA'Lc601z.'SECTION(S) DESCRIPTIONS OFVIOLNTION(S) 1: MC 10.50;090H, VI'.O-LAT!qN OF USE,P]=-. RMIT —IR—EE39 1. CONDITIONNO. 8.OF-ZONING'AGREEMENT NO. DA2010w001 REQUIRES T.".TGARAGESAND 0.F;4WCjSi6E RECOVERY ,FACILI.T.-JES BEXEI?T CLEAR, OTHE.,R.PARKING:S - PACES-AXAL�,.Nl UNOBSTRUCTED, AJ�DAV�Jt.XBLE F.QWPjNRKING. 9. PLEASE,CLEAR:OUTALI T`HREE GARAIGEiPARKING SPACES AND SCHEDULEANINSPECTION TO VERIFY THAT Tk0dARAdESARE ACCESSIBLE FOR PARIONG. THIS'VIOLATION MUST BEZ6kRE&-ED ON OR BE-FORE /0 Ifthe vicilation is not:correcte.d by the date specified.,..-anADMINISTR;kTIVECITATIC)N may be:issu'0 and—penalties will begin to accrue $200,00, AND $500-:0Djeach . day. Additional enforcement actions such as:administi-ative abatement, civil penalties, prosecutidn and/or!ci.vjI injunction may be. utilized to-correct this vjolatic,n(s). A REJN§PECTIdN WILL BE MADE'ON'OR AFTER THE CORRECTION DATE, IF -THi: cbkRECVON(S) 15 NOT COMPLETED AN ADMINISTRATIVE -CITATION: MAY BEISSUED AND FEES WILL BEGIN TO ACCRUE. UE. PRINT NAIVE OF OltFlGtR SIGNATURE OF OFFICER VIOLATION(S) CLEARIFDAS OF PATE INSPECTED) 'OFFICER.ID# 11309 so-, N �ly�tt'P.tlk O O ' n c'r'L�rwbuN��. Name of Owner or Business ND_ TILE -GE- TOLATION. CITY OF: NEWRORTIBEACH Community_ Development0epartmetit Code Enfotcement:01visiDn '3300'Newport:Bivd: NewporYBeacB,. CA:92663- 948- 644.3Z16 MORNINGSIDE RECOVERY,.LLC 342.1 VIA OPORTO, SUITE1,200 NEWPORT 6EACN;CA,92663 Number. Ii019 -0492' Rile: 0511,312011 All inepectipm of. prerpiaes .located a1533 VIA LIDO SOUD'NB in the City ofNewpod:Bench, om0412112011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY [}�. PREVIOUSLY ADVISED � FINAL WARNING 1 \, Tt11'5�0 s��` (� A S�O�IGIffA'L�.`YBROUGFIT,7'Q�OU TT;l =N7(ON O r _ -. -' i -- r-AND�YO>�J4�IENO7�"` _ NEWPORT BEACH :MUNICIPAL CODE SECTION(S) /:DESCRIPTIONS OF VIOtATION(S) 1; MC 10,50:020H, VIOLATION OF USE PERMIT 6�itE671.(Df�lS`y1RRglJIRl 1..IT IS A VIOLATION OF'CALIFORNIA VEHICLE-CODE SEC.TION.22502 (A) TO STOP OR PARKA VEHICLE MORE THAN: 18- INCHES- AWA.'Y FROM:A.CURB. 2..AS:REQUIREb BY CONDITIOWS OF EXHIBIT TTO ZONING AGREEMENT 2010,001, MORNINGSI68 RBCOVERY DRIVERS SHALL.RESPECT ALL CITY RULES REGARDING PARKING ANDIOR STOPPING AND WAITING TO LOAD RESIDENTS. THIS VIOLATION.MUST BE CORRECTED ON OR BEFOR�9/ .V' __ sff the violation isrr of 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 pe_nalEigs,;prosecution and /or_civil injunction maybe ytilize(1 to correct this- aiq_IationL),_A:REINSPECTIgN WILL 815' MADE ON GRAFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLET €P AN A'DIV INISTRATiV.E CITATION: A4AY BE ISSUED•AND FEESWILL BEGIN TO ACCRUE. PRINT NAME'OF' OFFICER 1757i'%7- -CC%S tG z--zi.. --/ SIGNATUFEOFOFFICER VIOL ATLON(S)`CLEARED AS'OF '(DATE INSPECTED). OFFiCER'I& #;0309 ...__ ... ........._; NOTICE OF VIOLATION CITY-OF NEWPORT BEACH CODE .& Water Quality Enforcement 3300 Newport Blvd. Newport Beach, CA 62663 949 - 644.3215 Number:. 12010 -1138 Date: 11/0212010 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 1 012112 01 0.revesled e violation(s) of the Newport Beach Municipal code. WARNING ONLY [ PREVIOUSLY ADVISED { '] FINAL WARNING (v( _.. SKIS YIOL4j1i3N(8) Wq6 +69,IGINAILY SROUGHTTO YQURATTEN710N ON AND YOU HAVENO-r _ _- CORRECTEDOFi :RESGCYED;THE NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10X0.020H, VIOLATION OF USE PERMIT CORR°CTI(td(Sf.REgU1Rff _. . 1. CONDITION NO.9 OFZONING AGREEMENT NO. DA20IM01 REQUIRES THAT THE LOADING AND UNLOADING OFPASSENGERS 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.ORIVERS 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 $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil Injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF - - (DATE INSPECTED) OFFICER ID # 0309_ 4 f e'�air,sttrit� NOTIGE.OF VIOLATION CITY 'OF NEWPORT.•BEACH Community'Deyelopment: Department Code Enforcemerit Division 3300-Newpoct Blvd.. NeWport:8each, GA 92683 949.844 -3215 Number. 12019 -0063 Oats: 04/202017 Name ofOwnevor Business MORNINCSIDEREGOVERY;LLC 3421 VIA:OPORT.O,.STE- #200 NEWPORT BEACH,CA,92663 An inspection of premises located at 4823. RIVER AVE NS in the City of Newpon- Beach, .on 0 411 412 01 1 revealed.a viclation(s) of the Newport Beach,Municipal.code. WARNING ONLY PREVIOUSLY ADVISED FINAL. WARNING 8"�, 110 {J:��LS)tWAS?QfjIGIN�iL"ytHRC� �7O� :�4- t71i.A�(c_Nit4f�,6N�:'�"� '- JAN¢"'lgTltEtAYE-Ni3T� NEWPORT BEACH :MUNICIPAL CODE:SECTION(S) t O €SCRIPTIONS -OF VIOLATION(S) 1; MC 10.50.020H, VIO(ATION OF USE PERMIT ffdt-1r0WfS11RttLjiR-EDRz 1RED 1. A$ ' REQUIRED BY CONDITION NO. 9 (EXHIBIT 1) Or DEVELOPMENT AGREEMENT NO. 2010 -001, MORNINGSIDE RECOVERY STAFF AND DRIVERS SHALL RESPECT A11.CITY'RULES REGARDING PARKING ANDIORSTOPPING 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, v °:`.�`G!?G�'"' % If the violation is not corrected by the date specified; at1ADMINISTRATIVE CLTAT.ION.may be issued and penalties will begin to accrue ($100.00, $200,00, AND S500.00) eitch day. Additional enforcement actions such as adminisrrative abatement, civil p©nalde's, prosecution and /or, Livil. injunction play be utilized to correct this violation(s), A REINSPECTIO'N WILL BE MADE -ON OR AFTER THE CORRECTION DATE. IF THE CORREC71710N(S) is NOT COMPLETED AN ADMINISTRAfiIVE CITATION MAY'BE' ISSUED 'AND FEES WILL.BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE-OF OFFICER: VIOLATIONS) C.EAREO & -A -.OF J XOA.TE INSPECTED) OFPICER.ASYI 0309 Name of-Ownerorausineoij: -2j IF NOTICE.Aw- VIOLATION CITY'OFINEWPORT'BEACH 00DE &-*at6r tidai-itle.- Ewforpement '3360-Newport Blvd, -New .. RqK96abFrCA-92603 949.644-3216 MORNINGSIDE.RECO VERY 342f-WA OPORTO #200 NEWPORT HEACHiCA,92063 Numbar. 12414-0069 Data,- 0-47II512011 An*in0pecttari-of-prom[ges,ld,qated at 833:CAA,LIDO SOUR N8 in,lbe City%of Newpor(13sach,; on 1712612010revealed a vlotatlon(syof lhe-kewp6rFBeach murilCIPSECodp. WARNING�ONLY PREVIOUSLYAbvisEo FINAL WARNING is j NEWPORT BEACHNUNICIPAL CODESECTIONP I DESCRIPTIONS OF NIOLhMON(S) is Mr, luo,0211H, VIOLATION OF USEPERMIT �EG R R �C:�O—ff (-9)M i-ffQ &Z—EU�-� t AS:REQUIRED BY CONbITJON'NU..9'OF'ZONING AGREEMENT NO-DA2630-001, MSR-VAN DRIVERS;SHALL RESPECT ALL-CiTY RULES REGARDIN'G'PARKING ANDJOR'STOP . P . ING AND WAITING -TO -LOAD RESIDENTS.. DRIVERSIMUST'ENSURETHAT ALL VEHICLES ARELEGALLY PARKED, 2 AS .REQUIRED BY CONDM- ON:NO; 14 OF'ZONING AGREEMENT NO, DA2010-004, STAFF MENIMERTIN-THEIR,PRIMUE VEHICLES MAY DELLVER BUSINESS-PRODUCTS AND:a.T H.ER PACKAGES AND -GOODS TO THE FACILITY DURING WEEKDAYS BETWEEN THE-HOLIPS OF 9:00 A,N. T65:60-P.-M TRANKYOU. THIS VIOLATION:MUST BE CORRECTED-OMOWBEFORE.Zj� IfAhe violation -15 'noL corrected by the date specified, an.-ADMINISTRATIVE CITAT10N,may be issued -and penalties . will beglnto acc I ruE ($10D.0 0. 0. $200;00; AND $500:00) pa . 6 day. Additional enforcement actions such,as administrative abatement, civil penalties, prosecution and' /-or-6 /11 injunction may be utilized to cbrre.ulthis violatlori(s). A.REINSPECTION WILL BE MADE ON OR..AFrER THE CORRECTION DATE. 1F THE CaRRECTIONM 'IS.N.10T COMPLETED AN ADMINISTR471VE CITATION MAYBE ISSUED AND FEES WILL,BEGIN TO ACCRUE. PRINT NAME 'OF OFFICER siGKA-TrjR&aF,-.orFlcER NgwNpR 04 o NOTICE OF VIOLATION IN CITY OF NEWPORT BEACH " 0 CODER Water Qualltlt Enforcement °.�uNeaM 3300.Newport Blvd. Newport Beach, CA 92863 949444.3215 Number, Date: Name of Owner or Business : MORNINGSIDE RECOVERY °u 1! 3421 VIA OPORTO, STE 200 NEWPORT BEACH,CA,92663 12011-0109 . 01/3112011 An Inspection of premises located at 533 VIA LIDO SOUD Ne In the City of Newport Beach, on D1/2312011 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY {%] PREVIOUSLY ADVISED ,f(rY,•yl FINAL WARNING i'- T]IBfVIOI!N($1!�tl.- .Of{r�"j BUI�7.G.T�rY,O;I(ii'1lTTE -H, acbJiFfEG'lE4:t?R'ftEB.oLV,E0i .f7�N�s c;i' =:?,> -> . _aiNN NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT G�fiRREC710Idt5i(it�a- EiIREd= 1. AS REQUIRED BY CONDITION 12 OF EXHIBIT i TO ZONING AGREEMENT 2010001, MORNINGSIDE RECOVERY SHALL ENFORCE -THE QUIET HOURS OF 9:00 P.M. TO 0:01) 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. THANK YOU THIS VfOLATION MUST BE CORRECTED ON OR BEFORE.T/J/M - 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 PLOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS (DATE INSPECTED) . OFFICER ID # 0309 NOTICE of ,MOLATI:ON 'CITY.OF: N EWPORT'BE'ACH CODE a Waled <Quallfy. Entorcement- 3300 Newport<Blvd. _Newport Beach; CA 92663 94944 -3295 Number. Date: Name ofOwnerar'business., MORNINGSIDERECOVERY, LLC 3421 VIA-OPORTO, SUITE 20D NEW PORT.BEACH,CA,92663' 120:10 -1.139 1910 212010 An,inspection.oEpremisesaocaied at; 3404 VIA LIDO NB In the City ol'Newport.Beach, on 10/2112010 revealed a. vlolailon(s) oHhe Newport'Beach Municipal code: WARNING ONLY P�1 PREVIOUSLY ADVISED j FINAL.WARNING NEV ORT BEACH MUNICIPAL CDOE_SECTION(S)J DESCRIPTIONS OF VIOLATION(S). 1,. MC'r0,50,020H, VIOLATION OF USE FERMIT U—IREEff 1,. CONDITION NO..13'OF ZONING AGREEMENT'NO. DA'20:10.00.1 REQUIR£S.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 THAT ALL MORNINGSIDE RECOVERY VAKDRIVERS ADHERE TO'THE ROUTE PLANS'IN:EXHIBIT 5; THIS''VIOLATION:MUST'SE CORRECTED ON OR BEFORE 4" ' YD . IPFhev'olatioA.i'srnot corrected by the date speeifiied, an ADMINISTRATIVE CITATION'.may be issued.and penalties will begin.to. accrue $200,00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties,, prosecutimand {or civil injunction maybe u3ilized 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 BEGINTO.ACCRUE. P.RINT:NAME'OF OFFICER ryirCaSY�d�/' SIGNATURE OF OFFICER VIOLATION(SyCLEARED-AS OF (DATE INSPEGTEO) OFFICER ID -# 0309 ,:- .,i wr .. _.. _,... Name of Owner or. Business . ......... NOTICE-OF VIOLATION . CrrY'OFwEWpORTBEACH CODE i W.atiar-Watlitytriforoemea 33.00-Nqwport Blvd. 9494414-3215 MORNINGSIDERECovERY 3421-VWOPOR5T04200 M IMP OR.T:BEACH; CA, 926G3 Number, Date: IZAII-0009 -01M512011 An inspeclionof prenirses:lbrAled at633 * "DO:SOUD NB In.1he City of Newport Beaah�on 1212612010 revealed a violation(s)-of the'New.pc;rl:Beach�Munlclpait�;6, WjINRNING;bNLY PREVIOLISLYADVISED FINAL WARNING NEWPORT BEACH MUNICIPAL CODESECTIONI(S) I DESCRIPTIONS "OF ViOLATION(S) 1: MC 10:60;020H, VIOLATION OF USEPERMIT 0 0 R Ri�C_TTdN7rSf1.AIfdtFfReE0 1. AS REQUIRED BY. CONbIT.10N NG..9 OF'ZONING AGREEMENT NO. DA20-10-001,.MSwVAN DRIVERS;SHALL RESPECT-ALL:CITY RULES REGARDING PARKING ANDIOR'STOPPING AND 'WAITING TCYLOAD RESIDENTS.. DRIVERS,.MUST ENSURE THAT ALLVEHICLES ARE LEGALLY PARKED, 2-AS REQUIRED BYCONDITION:NO; 14 OF ZONING'AGREEMENT NO, DA2010m()01, STAFF MEMBERS'IN'THEIR•PRIVATE VEHICLES MAY DELIVER BUMNESS:PRODUCTS7 AND OTHER PACKAGES-AND GOODS TO THE FACILITY DURING WEEKDAYS;BETWEEN THEHOURS OF 9:00 A.M. TO.5:60!P;M, THAWYOU. THIS'Vl(jLATIONPAUSTBE CORRECTED .ONOR., � :BEFORE�/T6 if the violation is not corrected by the date specified, an.ADMINIStRATIVE CITATION maybe issued and penalties will begin to acdcue ($10c).00, $200,odj. AND $500.00)each- day. Additional enforcement actions.such as admin! . strative abatement, civil .penaltlesi -prosecutibn-and/pr civil. injunction may be utilized to correct.:th* violatlon(s),. A REINSIDECTION WILL BE MADE ON-OR.-AFTER THE CORRECTION DATE. IF THE CORREcTbN(S) IS NOT CC) MPLETED AN ADMINISTRATIVE CITATION MAYBE ISSUED-AND. FEES WILL.BEGIN TO ACCRUE, PRINT*NAME-OF OFFICER :SIG NAT.UFE%0F.0FnCER ffu 7_ .:..::....::::.. «:.......... ......:::_.......:.:.:::__...._ 1 NOTICE OF VIOLATION CLTY'OFNEWPORTBEACH CODE '& Water Cualk Enforcoment 3300:Newport'.Bfvd. N ewpoit:B eachi,CA.92663 9496.44.3215 Nama of Owneror Business-: MORNINGSIDE RECOVERY M_1 VIA OPORTO, SUITE 200 N EWPORT B EACH;CA, 92663 Number. 120t0 4161 Dale: 11/00/2010 An inspection of premises.localed.at3404 VIA LIDO NB In the City of NewporuBeach, on-11108120111) revealed a vlolatiori(s) of the.Newpad.Beach Municipal code. WARNING ONLY j PREVIOUSLY ADVISED] FINALWARNING r A . y' rfll _S'V�,,� ©�.A7dON{S,)WAS,ORIGI 1,,,,.' �'" BkiQUG(, 1. T+( rnAiYAFJR�AT�t (TI0�4ttW`�"'- �_�—�' ;Y+NDypll7{F1YE�N0T �4 ��i `,C.DRREGTED OR +. E301;l:D.�Tk�ViO' NEWPORT'BE=ACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATIONS) 1: MC 1:016:050, USE OF THE -OFFICIAL SEAL . 1. NEWPORT BEACH MUNICIPAL CODE.SECTION iAGXS0 PROHIBITS THE USE OF THE CITY SEAL WITHOUT T.HE�EXPRESS CONSENT OF THE NEWPORT BEACHcCITY COUNCIL 2. PLEASE REMOVE THE CITY SEAL FROM ' MORNINGSIDE'RECOVERY'S- WEBSITE. 3. NOTIFY THE CITY'S CODE ENFORCEMENTOWISION WHEN THE CITY SEAL HAS 'BEEN REMOVED; THANKS;. THIS'VIOLA710N MUST'BE CORRECTEb: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, $206M,.AND'$500,00) each day. Additional enforcement actions such as administrative abatement; civil penalties, prcisecutlon and/or. civil in)unctton may be. utilized to correct this violation(s). A REINSPECT70N WILL 13E MADE ON OR AFTER THE CORRECTION DATE, IF.THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVECITATION -MAY %BE ISSUED AND FEES -WILL BEGIN T:O'ACCRUE. P RINT'NAM E'.OF :OFFICER SIGNATURE %OF'OFFI CER VIOLATION($pOLEAREfYAS OF OFFICER -IDX# 0309 EXHIBIT 2 :1�9 IN r� �teV, NOTICE 0FADMINlI ADMINISTRATIVE CITATION ` = t CITY. O Community Deveiotnnent.Denartmont Code Enforcement ONIsion 3300 Newport Blvd. Newport Beach, CA 92663 949.844.3215 Citation No: 12011- 0353A . Date: 0411-312011 Account No: 12011.0953 Name of Owner or Business: MORNINGSIDE RECOVERY 3421VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of prentises.located.a( -4823 -RIVER AVE NB in the City of Newport Beach, on 0 411 212 011 revealed a violations) -of the.Newport Beach Municipal code. THE NEXT 9a 1st Citation -$144 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATIONS) {WAS ORIGIMACLYBROUGHT ,TO�YOURATTENTION ON - -_'- y r ; AND YOU�HAVE NOT g. �' CORRECTED QRRE9DLVED 7HE;VIOtg7,IpN(Si �'- - -" -` - .;= NEWPORT BEACH MUNICIPAL CODE SECTION(S) 1 DESCRIPTT0NS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT G OR RECTION (S)'REQII I R ED 1. AS REQUIRED•BY CONDITION.NO. 7 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT NO. 2010.401, MORNINGSIDE RECOVERY WILL NOT ALLOW CLIENTS, RESIDENTS, OR STAFF TO LITTER CIGARETTE BUTTS ON THE GROUND, FLOOR, DECK, SIDEWALK, GUTTER, BOARDWALK, OR STREET. 2. PLEASE PICK UP ALL THE CIGARETTE BUTTS IN THE CITY PLANTERS LOCATED AT 4823 RIVER AVE. 3, THE CITY PLANTERS SHALL BE KEPT CLEAN AND FREE OF CIGARETTE BUTTS AT ALL TIMES. THANKS. RECEIPT ACKNOWLEDGED BY OR MAIIL,. DATE PRINT NAME OF OFFICER Name of Owner or Business NOTICE vF ADMINISTRATIVE GITA r ION CITY OF NEWPORT BEACH CODE A Water Quality Enforcemont 3300 Newport. Blvd. Newport Boach, CA 42663 949. 644.3295 MORNINGSIDE RECOVERY, LLC- 3421. VIA OPORTO #200 NEWPORT BEACH, CA 02653 Citation No: 12011 -013BA Date: 0210712011 Account No: 12011-0136 An Inspection of premises located at 4823: RIVER AVE NB in the City of Newport Beach, on 0210412011. revealed a violation(s) of the Newport Beach t +Iimicipai code. 1st Citation - slog IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH TH15�OI .g710NjSyzW�SFORIGI,C�7gLj:Y OROUGt�TIO�YDEIg�� '[,TEj1�lONd0�7 � � � - .,,yAF1a�'(OU,Fi{�YE NOT , '� �`- NEDNPOF.T BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT £ OFREGT�ON (SlS R`[LlIY tR GD'c 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500 (F).TO STOP, PARK, OR LEAVE UNATTENDED A VEHICLE ON ANY PORTION OF A SIDEWALK, 2. A$ REQUIRED. BY 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, ��Jf,� 7 RECEIPT ACKNOWLEDGED BY OR MAILED T�r'N'Z% - ,� —c= DATE 7 .: PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(SI CLEARED AS OF 0 (DATE INSPECTED) OFFICER ID 9 0309 7. NOTICE OE ADMINISTRATIVE CITATION CITY OF-NEWPORT BEACH - COOS t3 Water buallly Enforcement 3300 Newport Blvd. Newport.Bcach, CA 92663 949.644 -3215` Citation No: 12011.0133A Date; 02!00!2011 Account No: 12011 =0133 Name of Owner or Business: MORNINGSIDE-RECOVERY, LLC p. 3421 VIA OPORTO: #200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLID NEI in the City of Newport Beach, on 01/3112011 revealed a viola0on(s) of the.Newpon Beach Municipal code. ist Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH z7Nf�rinuT'ION(51�, � 0�!f� Lt� CRC,�uGfJK7o,�Y0QR'titil;ENTInoN P�`� `� , �(1fLcYrSU�A�o7�.,��" NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE.PERMIT bt5RREC710NISStREaUiRED*� ' 1. IT IS .A VIOLATION OF CALIFORNIA VEHICLE- COOE.SECTION 22500 (A) TO STOP, PARK, OR LEAVE UNATTENDED A VEHICLE WITHIN AN INTERSECTION. 2. AS- REOUIRED 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- ANDWAITING TO LOAD RESIDENTS. RECEIPT ACKNOWLEDGED BY OR MAILEEq .O DATE PRINT NAME OF OFFICER ��7 C ! U /G /Y SIGNATURE OF OFFICER VIOLATION(S) CLEARED ASOF (DATE INSPECTED) OFFICER ID# 0309 Citation No: 12011.0419A Date: 04120/2011 Account No: 12011.0418, Name of Ovtner:or Business: MORNINGSIDE RECOVFRY, LLC 3421. V(A OPORTO.#200 NEWPORT BEACH, CA 92663 An inspection of premisos located at 4823 RIVER AVE NB in the City of Nmpun Beach, on 0410412011 revealed a vlolation(s).of.the Newport Bearh.Municipal Code. 2nd Citation -$200 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THISVIOLAT,I ON(S); WAS; ORI GINALLY;HROUGHTjOYOURA- TiT , -. TIOMON�. OR :RESOCVEO THE'VIOtAT10N(Sj .CORRECTED ,H-._A> VE NOT ..�. NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50:020H, VIOLATION OF USE PERMIT CORR EGTIpN(S�F2 E QUIRE'= 1: AS REQUIRED BY CONDITION. NO. 9 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT NO. 2010001, MORNING SIDE.RECOVERY STAFF AND DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS, 2. IT IS 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 13YO�R.M/AAIILEE -DyTO s >;../!�''�_ -_� DATE PRINT NAME Of: OFFICER ___. ------ ._._...,..... _.... ,.......__...... - -- SIGNATURE OF OFFICER. VIOLATION(S) CLEARED ASOF ^_�,. �� (OATE:INSPEcTED) OEFICER.IIJ.Il 009 NOTICE OF ADMINISTRATIVE CITATION g� \v CITY OF NEWPORT BEACH � nx Comntnni!y. Dovelopinent Department Code. EnforcementDivision 3300 Newport Blvd. Newport Soach, CA 92663 949 -644 -7216 Citation No: 12011.0419A Date: 04120/2011 Account No: 12011.0418, Name of Ovtner:or Business: MORNINGSIDE RECOVFRY, LLC 3421. V(A OPORTO.#200 NEWPORT BEACH, CA 92663 An inspection of premisos located at 4823 RIVER AVE NB in the City of Nmpun Beach, on 0410412011 revealed a vlolation(s).of.the Newport Bearh.Municipal Code. 2nd Citation -$200 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THISVIOLAT,I ON(S); WAS; ORI GINALLY;HROUGHTjOYOURA- TiT , -. TIOMON�. OR :RESOCVEO THE'VIOtAT10N(Sj .CORRECTED ,H-._A> VE NOT ..�. NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50:020H, VIOLATION OF USE PERMIT CORR EGTIpN(S�F2 E QUIRE'= 1: AS REQUIRED BY CONDITION. NO. 9 (EXHIBIT 1) OF DEVELOPMENT AGREEMENT NO. 2010001, MORNING SIDE.RECOVERY STAFF AND DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS, 2. IT IS VIOLATION OF CALIFORNIA VEHICLE CODE SECTION-22500(F) TO PARK OR LEAVE A VEHICLE WITH THE BODY OF THE VEHICLE BLOCKING OR EXTENDING OVER ANY PORTION OF A SIDEWALK. THANKS RECEIPT ACKNOWLEDGED 13YO�R.M/AAIILEE -DyTO s >;../!�''�_ -_� DATE PRINT NAME Of: OFFICER ___. ------ ._._...,..... _.... ,.......__...... - -- SIGNATURE OF OFFICER. VIOLATION(S) CLEARED ASOF ^_�,. �� (OATE:INSPEcTED) OEFICER.IIJ.Il 009 NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949.644.3215 Citation No:. 12011 -0502A Dale: 05 1 612 011 Account No: 12011 -05D2 Name of Owner or Bus ess : MORNINGSIDE RECOVERY, LLC . 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 " An inspecllon of premi s located at 533 VIA LIDO SCUD NB in the City of Newport Beach, on 0 511 312 011 revealed a violations) of the New rt Beach Municipal code, THE'"... '�LEVEL'Crr ON IS NOW PENDING�ANDIYOU MAYiBE-CTTED EACH DAY THE VIOLATION CONTINUES.-';",OTHER ENF.ORCEMENT•ACTI0 AND PENALTIES MAY ?'ALSO; RESULT IF COMPLIANCE IS NOT:ACHIEVED OR IF YOU CONTINUEE�'f0' - IGNORE III$ CITATIO .. .:, 3rd Citation •5500_ I IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH ON(S) W4 ORIGINALLY BROUGHT10 YOUR ATTENTION ON AND YOU HAVE NOT OR RESO VED THE VIOLATION(S);� NEWPORT BEACH MINICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.02011, 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 ALCILITY DURING QUIET HOURS. RECEIPT ACKNOWLE )GED BY OR MAILED TO DATE J PRINT NAME OF OFFI ER SIGNATURE OF OFFIC ER VIOLATION(S) CLEAR D AS OF _. -. (DATE INSPECTED) OFFICER ID # 0309 r� _c�LU•r,R't' � Name of Owner. or Business I i NOTICE OF ADMINISTRATIVE CITATION. CITY OF NEW.PQR7.BEACH Community Development Department Code Enforcement. Division 3300. Newport Blvd. Newport - Beach, CA 92663 949 - 6443215 MORNINOaSIDE RECOVERY, :LLC 3421 VIA:OPORTO, SUITE'' #200' NEWPORT BEACH, CA 92663 Citation No: 120.11 -0603A :Date: 0511612011 Account No: 12011A503 An inspection of premi3es located at 100.VIA,ANTIBES NS in the City of Newport Beach, Ott 05/1312011 revealed a violation {s) of the Newport Beach Municipal code. - 3rd Citation -:$50p IS N41N DUE AND PAYABLE TO CITY OF NEWPORT BEACH 1: MC90.50:020H, VIOLATION,OF'USE :PERMIT I -AS REQUIRED-BY NO,2610 -001, OPER DAILY TO ITS PATIE QUIET MEANS NOIS. BEYOND THE PERIN 2. PLEASE REMIND LIDO SOUD THAT A AUDIBLE BEYOND ( DESCRIPTIONS OF VIOLATION(S) IVDITION NO. 12 OF EXHIBIT 1 OF'20NING AGREEMENT �RCE THE QUIET HOURS OF 9:00 P.M:'TO-8 *00 A.M. -CUSTOMERS OCCUPYING BEDS IN ITS FACILITY, iC, TELEVISIONS, AND'VOICE%IS:NOT AUDIBLE ILITY_EXCEPT IN A DEMONSTRABLE EMERGENCY. AND RESIDENTS OF 100 -102 VIA ANTIBES AND 208 VIA SA'rIONS AND ACTIVITIES AT THE EACILITYSHOULD NOT BE TER OF THE FACILITY DURING QUIET HOURS. RECEIPT ACKNOWLEDGED BY-OR MAILED TO -PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATIONS) CLEARED AS OF DATE (DATE INSPECTED) OFFICER ID 6 0309 40 14u��raG Name of Owner or An inspection of I vicialion(s) of the 3rd Citation - $500 NEWPORT BEACH 1: MC 10.50.0201-1, NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Oevelooment Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949.644 -3215 Citation No: 12011.0501A Date: 05116/2011 Account No: 12011-0501 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 s located at 533 VIA LIDO SOUD NB in the City of Newport Beach, on 05/1312011 revealed a rt Beach Municipal code. ION IS NOW-PENOINGAND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES,-;.OTHER AND PENALTIES,MAY;ALSO RESULT IF COMPLUWCE IS NOT ACHIEVED OR IF YOU CONHNUE'TO IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH ORIGINALLY BROUGHTTO YOUR ATTENTION ON ,_ AND YOU HAVE NOT !ED THE V(OLATION(S)_ . CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) OF USE PERMIT 1. AS REQUIRED BY CONDITION NO. 14 OF EXHIBIT 1 OF ZONING AGREEMENT NO. 2010-001, STAFF EMBERS IN THEIR PRIVATE VEHICLES MAY DELIVER BUSINESS gPERATIONAL 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 F 1i // PRINT NAME OF OFFI ER SIGNATURE OF OFFI ER VIOLATION(S) AS OF (DATE INSPECTED) I OFFICER ID If 0309 6:�jF.11'PU4�C\ NOTICE OF ADMINISTRATIVE CITATION "� t mot• CITY OF NEWPORT BEACH _Community Development Department Code Enforcement Division :; 3300 Newport Blvd.- Newport Beach, CA 92663 949.644.3216 Name of Owner or Business MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, 4200 NEWPORT BEACH, CA 92663 Citation No- 12011 -0409A Date: 04/2612011 Account No: 12011.0409 An inspection of premises located at 4823 RIVER AVE NB In the City of Newport Beach, on 0412212011 revealed a violation(s) of the Newport Beach Municipal code, THE;NEXT LEVEL CITATION;IStNOW.PENDING AND YOU MAY. BE CrTED;EACH:DAY TNE,VIOLATION:CONTINUES,,-OTH,ER ENFORCEMENT ACTION' ANDzPENALTIESAAY ALSO RESULT IF. COMPLUtNCE�i- NOTACHIEVEO OR'IF'YOU,COtF11NUE'TO IGNORE THIS CITATION. :. ;?`... .. 1st Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS'ORIGINALLY BROUGHTTO YOUR-ATTENI'ION oN <= 7 s.; ,- •. ; AND YOU HAVE NOT•- CORRECTED OR RESOLVED-THE;VIOLATION(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. L/ oZS PRINT NAME OF OFFICER / /,� r'F�S,Y- z SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 Newport Beach - Parking W- 137157276 Sun 02/06/2011 Printed 2/712011 3:14 PM 11MR iuiii111MI IN aranON: W- 137157276 Tine bed 10131 SUN 02/06 /2011 Omar NM ONka m OTT 1362 AO RD KsPO 16 LmMn 4873 AREA AVE Violation w1; 22500F CVC PARKING ON MOEWALK PENALTY: W.00 TOTAL PENALTY: $5300 Vehicle lkv No. SMKK072 vat 9070 (Ian 4 dl 1111 Mate Bad/ sNk Few VAN Remarks 50% PHOTO TAKEN 1=10 CAL. ,7ao / /- v/ yZ 0 m m Ln m 0 0 M1 ti M1 N r- M1 swe Em m CA 06/11 3 cow GREY r- 0 Newport Beach - Parking W- 137157275 Sun 02/06/2011 Printed 217120113:14 PM CITATION: W- 137157275 TIM Gate 16:30 SUN 02/0612011 OMW Hama Offlw ID OTT 1362 AOM" RD N6P0 16 4027 RIVER AVE Violation vats 2250OF CVC PARKING ON MOEWAIIC PENALTY: $"M . TOTAL PENALTY: $53.00 Vehicle lk m MEOU VIN 9739 (last 449¢d) Make eadY Rvk FORD 40R Remarks sox PHOTO TAM O O M O 0 In M1 N M1 N M1 state B0 rn MO 01/12 3 Cow GREN F - f Name of Owner or Business NOTICE OF ADMINISTRATIVE CITATION 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 Citation No: 12011 =0$368 Date: 0 512712011 Account No: 12011.0536 An. inspection of premises located at 3421 VIA OPORTO NS in the City of Newport Beach, on 05/2712011 revealed a violation(s) of the Newport Beach Municipal code. THEN €XT7 LEVEL- CITAT10N:. IS. NOW PENDING AND,YOU,MAY BE CITED EACH DAY THE;V(OL,gTION GONIINUES ::OTHER ENFORCEMEWr,'ACTION AND PENALTIES`MAY ALSO.RESULT IP (OMPLIANCE'tS [JDT ACHIEVED OR IFNOU i:0t7TAW Tt3.. iG,NOTiE THISiC1:TATION .: n - <r, 1st Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS:ORIGINALLY BROUGHT TO YOUR ATTHNTION ON y.jlND YOU.HAVE NO'S ;;. -_ - CORRECTED ©R RESOLVED TRE'VIOLAT(ON(S) i' _ _ NEWPORT BEACH MUNICIPAL CODE SECTION(S) I 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 BEEN REMOVED. RECEIPT ACKNOWLEDGED. BY OR, MA_ ILED TO PRINT NAME OF OFFICER SIGNATURE OF OFFICER DATE VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID tl 0309 152 52 City Council Attachment B Zoning Agreement 53 54 ORDINANCE NO. 2010 -18: 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, LI-C, 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 a DIM F SCANNED5 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 ". 2 150 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 Selibh, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None ATT,En,ST- n V�PJ-YQ✓d' X' CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY avid R. Hunt, City A rney For the City of Newport Beach 3 57 �g 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 2S, 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." 1. 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. ?r7ID -10 finding this ZONING AGREEMENT to be consistent with the .City of Newport Beach General Plan and approving this ZONING AGREEMENT. ll. 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. IL09- 00111 — Zoning Agreement- Morn/ngslde 10.09:02 Final o AN 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 391' 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 [1.09-001f]-Zoning Agreement - Momingsltle - 10.09.02 Final 2 Ill. 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 - 10.09.02 Final 3 01 2.) 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 1109 - 00111 — Zoning Agreement - Morningside — 10.09.02 Final M 02 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 Riqhts. 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]- Zoning Agreement - Morningslde - 10.09.02 Flnal 5 �3 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 91St 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 3181 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- 001117Zoning Agreement - Morningside — 10.09.02 Final 6 04 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. 00111 - Zoning Agreement - Morningside - 10.09.02 Final 7 05 MORNINGSIDE. On or before March 31st, June 301h, September 30ffi 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 (1.09 - 00111- Zoning Agreement - Morningside — 10.09.02 Final 8 00 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 (L09- 0011] — Zoning Agreement - Morningside — 10.09.02 Final 9 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 [09-00111 —Zoning Agreement - Morningside — 10.09.02 Final 10 02 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- 0011] — Zoning Agreement - Morningslde - 10.09.02 Final 11 pf Construction and Miscellaneous Terms. Rules of Construction. The singular includes the plural; the masculine and neuter include the feminine; "shall" is mandatory; "may" is permissive. Time is of the essence. Time is of the essence regarding each provision of this ZONING AGREEMENT in which time is an clement. Naiver. Failure by a PARTY to insist upon the strict performance of any of the provisions of this ZONING 4GREEMENT by the other PARTY, and failure by a PARTY to )xercise its rights upon a default by the other PARTY, shall not ;onstitute a waiver of that PARTY's right to demand strict ;ompliance by the other PARTY in the future. , ounterparts. This ZONING AGREEMENT may be executed n two or more counterparts, each of which shall be identical ind may be introduced in evidence or used for any other )urpose without any other counterpart, but all of which shall ogether 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- 0011]- Zoning Agreement - Momingslde — 10. 09.02 Final 12 j6 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. AGREEMENT warran authority to execute t the entity for which AGREEMENT. They have the authority to performance of its AGREEMENT. The persons executing this ZONING t and represent that they have the his ZONING AGREEMENT on behalf of they are executing this ZONING further warrant and represent that they bind their respective PARTIES to the obligations under the ZONING The agreement of the parties to the terms and conditions of this Zoning Agreement is evidenced by the signatures below. "CITY": CITY OF NEWPORT BEACH Keith D. Curry Title: Mayor of Newport Beach "MORN INGSIDE ": MORN I NGSI DE. RECOVERY, LLC By: k,--a4� David Gates Title: Chief Operating Officer Morningside Recovery, LLC Zoning Agreement Exhibit A to Settlement Agreement [L09- 0011]— Zoning Agreement -. Morningside — 10.09.02 Final 1191 71- APPROVED AS TO FORM: David 4unt Title: City Attorney City of Newport Beach ATTEST, By "MI, —� Leilani Brown Title: City.Clerk City of Newport Beach MORNINGSIDE RE VERY, LLC By: C ndace Title: Chief Executive Officer APPROVED AS TO FORM: lok Of By: o`'� Mary Helen Beatificato Title: Counsel for Morningside Recovery, LLC [End of Document and Signatures] Morningside Recovery, LLC Zoning Agreement Exhibit .A to Settlement Agreement [1.09-00991- Zoning Agreement - Momingside — 10.09.02 Final 14 72 ljj�pjl 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 39th 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). (LOO -0011] Zoning Agreement — Momingside — Exhibit 1 10.08.04 11287.000A1204428v1 doc 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. 7. 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. [L09 -0011] Zoning Agreement - Morningslde -Exhibit 1 10.09.02 1 12 8 7- 000711 20442 8 0.doc Exhibit 1 to Zoning Agreement City of Newport Beach Morningside Recovery, LLC 9. 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 [ 09- 0011] Zoning Agreement - Morningside - Exhibit 1 10.09.02 11287- 0007\1204428v3.doc 77 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 -0011 j Zoning Agreement — Morningside — Exhibit 1 10.09.02 11287- 000711204428v3.doe �g �I�,.. � � �9- . . w Exhibit 2 Depiction and Description of 'Peninsula Zone" Depiction of Peninsula Zone: The lands within the yellow boundary as shown below. I West, qw art 4 4 v WtY Hall Lido Isle is e St .i R�z•"�� {s� aECi Sts ,' et 7s W�: `� Nawpon ry.. �`' > ` i� Balboa island! h `-.Y Bdlhegr'vr �{ ��." Win• < ��b s. ��'',�a��s46'i':'��,, a- .c ��Y"'3. � ...>�'_.;w�.°r ��. 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 10-0011110. 16.14 Morningside — Zoning Agreement Exhibit 2 (Peninsula Zone) 22 � 4 �:� �3 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 [LOO-0011]-Zoning Agreement - Morningside - Exh. 3- Quarterly_ Compliance Report- 10 -08 -04 gJ� Nlorn�n_g�i -cle Recovery Faceliti:es 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 t i 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 [LOO-0011]-Zoning Agreement - Morningside - Exh. 3- Quarterly_ Compliance Report- 10 -08 -04 gJ� Exhibit 3 Morningside Recovery Quarterly Compliance Review Report described in Exhibit 1 to the Zoning Agreement during the above Compliance Review Period. DATE TE [Name], [Title] MORNINGSIDE RECOVERY, LLC [Name], [Title] [L09- 0011] - Zoning Agreement - Morningslde - Exh. 3- Quarterly Compliance Report - 10 -08 -04 F ,.y 7 p i Y .R :E. .:5 :5�.. �, f/y9 ,';2': c$ �� � �i X� 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 "). 27 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. 3. 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. [(09.00111 10-16 -14 Morningside - Zoning Agreement Exhibit 4 (inspection Protocol) 90 9� 92 W Exhibit 5 Client Transport Routes Y 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 • 32nd Street • 39th Street, Seashore between 39th and 38th, and 381h Street • Ticonderoga • River Avenue (only between 51 st Street and Balboa Boulevard — not the section of River Ave between 45th and 32nd 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. m City Council Attachment C Correspondence and NOV's issued to Morningside 11 -2 -10 97 92 y 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 (ZAI 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 Nc -ATrn 1 Bouleward • Post office B'ox 1708 - Newport Beach, California 92ti58 -8915 Tvlrphonc; t949I 644 -3200 - Fax: (1949.1644-3229 • untc�F ,cit�.newport- be:ac.1'.ca.us 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 Scud, 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 tha..t 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 Name of Owner or Business.: NOTICE ;OF VIOLATION CITY OF NEWPORT BEACH' CODE &: Water Quality Enfo`rcament 3300 Newport Blvd.. Newport Beach, CA 9266,3, 949 - 644 -3216 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 Number: Date: 120104138 11102/2010 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport.Beach, on 10121112010 revealed a violation(s) of the Newport Beach Municipal code, WARNING ONLY , -K] PREVIOUSLY ADVISED �� ``I FINAL WARNING [f ',lifl >VIO,ATIl 511(8 jNIA$ OIjIGINALh ',?BOUC�H„770`01'�fA7TE'bIJiON ONE�`3?: '','t +„„Ar`ND YO,I W ENM OW, v g, jCORRECTBD f1RiRE5bLV [)�.`(rciExVtOLtTItN(S„) ` s `- .tit y .r ez fF �.."'.,i,' "� _tom NEWPORT BEACH MUNICIPAL CODE SECTION(S)1 DESCRIPTIONS OF VIOLATION(S) 1: MC 10.60.020H, VIOLATION OF USE PERMIT 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 LOAD /UNLOAD PASSENGERS. 2, MORNINGSIDE RECOVERY VAN DRIVERS MUST COMPLY WITH ALL CITY RULES REGARDING PARKING ANDIOR. STOPPING AND WAITING TO LOADPASSENGER& THIS VIOLATION MUST BE CORRECTED ON OR BEFORE !% S! /0 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 $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil *injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTIONS) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER ifVS VZ� �4---f SIGNATURE OF OFFICER VIOLATION($) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 101 �yq,wr{�k At 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!2112010 revealed a violation(s) of the Newport Beach Municipal code, WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING Kj TAIS._�+1�TIQ�7,�S��W.!}.$ O�IG( �( �L. 7Y,'9Ri�,l7GHT�76�QLI�ATTEN7(QN bN ., � - �AN�D YyOU }1AVE NOF' ' _ - CQftjjF:CTEDORRt= SOLYED,`�E, NEWPORT BEACH MUNICIPAL CODE SECTION($) /,DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECT(5NIS)iREOU (R£Dr 1. CONDITION NO. 13 OF ZONING AGREEMENT NO. DA2010.001 REQUIRES THAT MORNINGSIDE RECOVERY ADHERE TO THE ROUTE PLANS IN EXHIBIT OF 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 IWEXHIBIT S. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE MI S110 Jb . 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 $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties; prosecution and /or civil Injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) 15 NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER .rtes -''� VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 102 lav WP( v. a _ r Name of Owner or Business NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE & WaterQualrty Enforcement 3300 Newport Blvd. Newporf_Beach CA 92663 949 - 6443215 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 Number: Date: 12010 -1140 11/0212010 An inspection of premises located at 3421 VIA OPORTO NB In the City of Newport Beach, on 11/0212010 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY [j(f PREVIOUSLY ADVISED [` j FINAL WARNING [] a' t113�O1ATICN (S)Y�(A5QRIGkNALLYf"BIjOUG�ITO OYOY UR ATT.EJITION ON '"- .4NDiYOTJ HAVETIRF ' -"� f=.; NEWPORTBEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S). 1: MC 10.50.020H, VIOLATION OF USE PERMIT 1, CONDITION NO.1 OF ZONING AGREEMENT -NO. DA2010.001 LIMITS THE NUMBER OF CLIENT BEDS TO 30 IN THE PENINSULA ZONE AND.A MAXIMUM OF 36 CLIENT BEDS IN THE CITY OF NEWPORT BEACH. 2. PLEASE REDUCE THE CLIENT BED COUNT TO BE IN COMPLIANCE WITH THE REQUIREMENTS IN CONDITION NO. 1. THIS VIOLATION MUST.BE CORRECTED ON OR BEFORE lc �i lj$ 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 $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A- REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER Cosle"na -1.1 SIGNATURE OF OFFICER''' VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 20S oS a •` rr�IroxT�° Name of Owner or Business NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE & Water Quality Enforcement 3300 Newport Blvd: Newport:Beach, CA 92663 949 -644 -3215 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 Number: Date: 12010 -1141 11/0212010 An inspection of premises located at 102 VIA ANTIBES NB in the City of Newport Beach, on 11/02/2010 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED] FINAL WARNING NA TtIIS VIQL,4ilOt�(SjNIfA$OE}IGINALLY 6ROIjGHtiO�YOtfRrATfENT1,QN ON ' -- '�AND,YOUIHAVEi30S , -. p'^y? COf3 RECTQ00 `$i'RESOLYELj�Ii�YlOLA17`ON($) a; .��t�_z ._.- �,3.. ..�= �.. -,c` �`,'t— .{ .� _:. ar• -� NEWPORT BEACH MUNICIPAL CODE SECTION(S)! DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORREGTIE' WSj REQ[tIRED; 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 h /0 . 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 / W -7— C•pJi�� 6s'"�" � SIGNATURE OF OFFICER p VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 104 Name of Owner or Business NOTICE OF VIOLATION CITY OF NEWPORT BEACH, CORE & Water Quality Enforcement 3300 Newport Blvd. Newport Beach, CA 92663 949.6443216 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 Number: Date: 12010 -1142 11/0212010 An inspection of.premises located at 29 tMA LOA CT NB in the City of Newport Beach, on 11/0 212 01 0 revealed a viQlation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC10.50.020H, VIOLATION OF USE PERMIT CORRECTIONIS!•`f2�Gill.IRED�- 1. CONDITION NO, 8 0FZ0NING 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 SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # .0309 105 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 S. 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 -10 107 102 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY David R. Hunt, City Attorney December 17, 2010 Via Electronic Mail Only ocesa lnac.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 • �,NnA,�,v.city.newport- beach.ca.us ... ZQ9 Mary Helen Beatificato December 17, 2010 Page 2 http:// newi)oilbeach. graiiicus .com /GoneratedAgendaViewei- Phhi?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 [A 10- 005901 BeatificatoM from CMW 12.17. 10 re: ZAAP 110 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. 111 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 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. �.r Cc: David Kiff, City Manager Jim Campbell, Planning Director rA09- 00417]- A & MC from DRHfe ZA Admin Protocol 113 114 City Council Attachment E Morningside Compliance Matrices 115 110 IA10 -00901 General Facilitiee 05.26.11 Zoning Agreement with Morningside period I to Condition Category Specific Requirements No more than 36 clients and client beds citywide Inspection Date and Location 1st quarterly compliance report Result at quarterly cempliance report Complaints to NSPD/Code Enforcement Complaint 1112110 that Morningside Notes City confirmed Morningside exceeding bed count in Peninsula Zone and all its by 3 client beds{ 17/2/10 NOV submitted 12131110. 2d quarterly report shows bed counts at limit citywide exceeding bed count permitted under ZA issued. Morningside reduced bed counts to compliance level. Client bed limit due 3131111, not submitted until 4/2t/11. and in Peninsula Zone. 2d 5 facilities inspected 1112110 and quarterly report shows bed counts 11/5/10, 2 facilities inspected 1 /27/11; 3 below limit, facilities inspected 515111. No more than 30 clients and client beds in Peninsula Zone 1st quarterly compliance report Complaint 1112110 that Morningside City confirmed Momingside exceeding bed count in Peninsula Zone and citywide by 3 client beds; 11010 NOV shows bed counts at limit citywide exceeding bed count allowed under ZA Issued, Momingside reduced betl counts to compliance level. Peninsula Zone limit . and in Peninsula Zone. 2d quarterly report shows bed counts below limit. One facility per block, or across bordering Block is area bounded by four streets; block length is 617 In compliance Except for two facilities existing when ZA adopted that occupy more man one dwelling unit in me same building, all street feet in Peninsula Zone facilities occupy single dwelling unit with no other facility on the block. Proximity to schools, large day care No facility whin 1,000' cf public elementary school or large In compliance facilities day rare facility Staffing Staff onsite or on call 2411 at each facility Compliance in question Repeated complaints relating to specific Staff concerned staffing level is inadequate to control conditions at some facilities. facilities Parolees and government referrals Clients required to register as sex offenders or gang 1127/11 NBPD comfirned compliance. In compliance Under NBPD's current ibarpretation, NBPD can only provide information on whether parolees or probationers are members prohibited, Prop 36- funded clients prohibited. 3111111 Momingside asked be provide housed in specific locations for criminal law enforcement purposes. Omer parolee /probationers- 1 per dwelling unit allowed verified statement that currently in per NBMC. compliance with this condition. Statement not provided to date. Assembly uses Assembly uses at facilities limited to facility medical staff In compliance No complaints and resident family visitors Medical waste disposal Disposed of in accordance with law and best preal 118110, 1115110, 1127111 & 5/5/11 In compliance interior inspections Other waste disposal Comply with NBMC trash enclosure provisions Inspected all facilities 112/10, 1115110. 4823 River- not in compliance at See Complaint Log and 4823 Rivers individual facility matrix for specifics. 533 Via Lido Scud moved refuse cans 533 Via Lido Scud on 1127/11 all times; other facilities in into garage to comply. compliance Secondhand smoke No secondhand smoke detected off parcel. No tobacco- Inspected and confirmed violations at Multiple neighbor complaints See Complaint Log for complaints of Morningside informed; smoking Io silioNnumbers limited at 291ma Loa. Smoking outside prohibited at 533 Via related litter or violation of beach and boardwalk smoking two locations. See individual facility addressed smoke detectable effete at 102 Via Lido Saud. Email warning issued for 100 Via Antibes (See CE Complaint Log and Individual facility matrixes.) prohibitions matrixes. Antibes. 291ma Loa, 533 Via Lido Saud Offshoot parking Garages clear, available for parking by staff, visiting family, Inspected at all facilities' 11/2110, Correction required at Via Antbes Complaints received for violations at See individual facility matrixes fair specific violations, steps taken by City, and Morningside responses. 3d garage domestic services staff, client transport vehicles. Clients 11/511Q 2 facilities an 1127111, 3 facilities facilities, 291ma Loa and 4823 4823 River (See Complaint Log for space at 100 -102 Via Antibes still not available for parking; swelled Morningside, no response. may not have personal vehicles. on 5/5111. River. details) Client transport Loading & unloading of clients from van only in open pkg Not all locations in compliance Complaints received for repeated NOVs for route plan It pkg violations at Via OportoA/ia Lido offices 1112110. NOVs & admin citations issued for or garage spaces; no stopping or double pkg in traffic lane violations at 4823 River and 533 Via violations at 4823 River & 533 Via Lido Scud (See Complaint Log and individual facility matrixes for details) to load or unload clients, Must follow all City rules Lido Scud and offices at Via Oporto regarding pkg, stopping & waiting, must not block alleys or (See Complaint Log) streets. Noise produced only at levels that protect Profanity &lewd behavior No profanity at level audible to neighboring residents Complai me of violation at 533 Via Lido Morningside notffied. No recent complaints. Scud Quiet hours Quiet hours 9'.00 PM 08:00 AM daily. Not all locations in compliance Complaints received for repeated See Complaint Log & individual facility matrixes for warnings, NOVs & citations issued for quiet hours violations at violations at 533 Via Litlo Soud. (See 533 Via Lido Scud &100 -102 Via Antibes & Momingside responses Complaint Log for details) Client transport routes Routes submitted to City, good faith efforts to adhere Not all locations in compliance Violations at Via Oporto prices, 533 Via. NOVs issued 11/2110 for violations of pkg &route plans at Momingside offices. See Complaint Lag & individual required Lido Saud. facility matrixes for warnings, NOVs & citations issued for transport and parking violations at 533 Via Lido Saud. Deliveries Deliveries during weekdays only between 9:00 AM and Net all locations in compliance Repeated complaints of after -hours See Complaint Log and Individual facility matrixes for warnings, fill and citations issued for delivery violations at 5:00 PM, in private staff vehicles. deliveries at 533 Via Lido Saud (See 533 Via Lid. Spur! and Momingside responses Cam lain[Lo Radial 24 -hour hotline far complaints, or contact name, number Not in compliance Morningside has not yet provided hotline number to Cill and email to respond to complaints w /in 24 hours Clients per bedroom 2 clients per bedroom unless size of structure warrants Inspected all facilities 11/2110,11/5110. In compliance All facilities inspected had 2 per bedroom or fewer client beds at each inspection more for any single bedroom 533 Via Lido Scud and 291ma Loa on 1127111, 533 VLS, 29 IL and 100 -102 Antibes 511111 Reporting Frequency Quarterly; by 3131, 6/30, 9/30 and 12131 12/31/10 compliance repon submitted on Not in compliance City reminded Momingside of due date 416111 and 4111111. NOV issuetl 4113/11. Report submitted 4120/11. time. March 31 compliance report cot submitted until 4121/11 Wis. for Violations General police powers, administrative citations far violating If City finds Morningside has not complied in good faith with ZA terms, City provides written notice setting forth operating conditions or NBMC; if Momingside found in steps Morningside must take to comply. Ifcompliance not commenced won 30 days of notice, Momingside in default s Pacific oisrhormands, or termination or amendment I I I Idefault , IA10 -00901 General Facilitiee 05.26.11 112 ["r.aoxe .. -r�en e�meedi,re:os.xrr A8 C D E F G H Ron Morningside Recovery Zoning Agreement - Compliance Review - Individual Facilities - For period of 9128/10 - 5127/11 ME Condition Catil Specific Requirements Inspection Date Result Complaints to NBPD or Code Enforcement Notes addrom 4823 All River Interior Inspectors 1112/10, 11/5/10, See Complaint Log. 6 Ni 2 parking citations, 4 administrative citations Avenue exterior inspection 3/10/11, 4113111. Not In compliance with several condition: Yes. See Complaint Log. Issued for violations associated with this facility Client Bed Limits Client bed cap: 36 citywide, limited to 30 in Peninsula Zone Interior inspections 11/2/10, 11/5110 In compliance after population reduced Addition of 533 Via Lido Soud increased client beds over limit TFacility 1115110' 5 client beds in Unit A; 6 client beds m Unit E Disperse to one facility per black, or Block is area bounded on all sides by streets; block length is In compliance Established before ZA adopted; two units in one building; sole facility on facing each other across street 617 feel block Proximity to schools, large day care No facility wlin 1,000' of public elementary school or large day In compliance a facilities care facility Sterling Minimum of 1 on -she or on -call manager 24/7 at each facility. Compliance in question at this location Repeated complaints (See Complaint Log). Some question of whether a staffirm adequate to control facility population 211/11 - NBPD reported no violations. Must comply with NBMC restrictions on parolee- probationer 5/11111 - Momingside asked to provide Parolees and government referrals homes; +no clients required to register as sex offenders or verified statement that sell in In compliance Under NBPD's current interpretation, NBPD can only provide information on gang members, no Prop 364unded clients compliance with this requirement. whether parolees or probationers are housed in specific locations for 10 Verified statement not yet provided. criminal law enforcement purposes. Assembly uses prohibited Assembly use prohibited at facility, unless solely attended by In compliance No assembly complaints 11 that facility's residents, staff or family. Medical waste disposal Disposed of in accordance with law and best practices Interior inspections 11/2, 1115 In compliance 12 Other waste disposal Comply with NBMC trash enclosure provisions Inspections 1112, 1115, 3110/11, 4/13/11 Not in compliance at all times See Complaint Log; repeated violations noted. 1131111 NOV for refuse can lid violation; 3/10/11 NOV for refuse can 13 violation. No secondhand smoke detected off parcel. No tobacco - related No smoking complaints; tobacco- related litter observed by 11110110 NOV issued for tobacco- related litter. 4/13/11 admin citation for Secondhand smoke litter or violation of beach and boardwalk smoking prohibitions Not in compliance at all times Code Enforcement tobacce- related litter, 4120111 and 4/25111 Morningside posted notice of 10. tobacco litter restrictions in facility Garages clear, available for parking by staff, visiting family, Off -street Parking domestic services staff, client transport vehicles. Clients may Inspectors 1112/10,11/5110, 5/13. Not in compliance at all times Complaints received that garage not clear for parking See Complaint Log. 10/15/10 NOV issued, garages to be clear for parking. 15 not have nersanal vehicles. 10122/10 NOV issued when garages not cleared 10/15110 NOV issue l - violation of parking and loading laws. 2/6/11 parkin Loading and unloading of clients from van only in open parking citations to two vehicles for parking across sidewalk. 217111 administrative or garage spaces; no stopping or double parking in traffic lane See Complaint Log. Multiple complaints for parking in citation for parking across sidewalk. 4/13/11 warning letter on parking Client transport load or unload clients. Must follow all City rules regarding Not i li n compance manner that blocks public right of way. issues and damage to City planter. 4120 NOV issued for parking across parking, stopping and waiting, must not black alleys or streets. sidewalk. 4/20 Morningside reported parking rules posted at facility. 4/25 administrative cltatlon issued for parking on landscaped area; 4/28 16 administrative citation is acted for Parking across sidewalk Profanity and lewd behavior No profanity at level audible to neighboring residents In compliance No complaints at this location 17 Quiet hours Quiet hours, no noise detectable beyond perimeter: 9:00 PM - In compliance No complaints at this locallon 1s 8:00 Client transport routes Morningside shall adhere to route plans submitted to City. In compliance No complaints at this locallon 19 Deliveries Deliveries during weekdays only, between 9:00 AM and 5 -00 In compliance No complaints at this location PM, in private staff vehicles. 20 Hotline 24 -hour hotline for complaints, or contact name, number and Not in compliance 1 email to respond to complaints wlin 24 hours Monan side has not provided hotline number to City Clients per bedroom 2 clients per bedroom unless size of structure warrants more for Inspections 1112110,11/5/10 In compliance Two or fewer clients per bedroom, 11 client beds total. any single bedroom ["r.aoxe .. -r�en e�meedi,re:os.xrr 120 [AID -005901 Matrix- ludividual Fadlitl¢5 05.26.11 AB c o e fi ti Ron Morningside Recovery Zoning Agreement -Compliance Review - Individual Facilities -For period of 9/28t10 - 5127/11 4 Condition Category Specific Requirernerts Inspection Date Result Complaints to or Notes Facility ddress', 291ma Loa Court y Interior inspections 11/2/10, 1115/10,1127111, 515/11 Complaints received for 3 warning emailslletters and 1 NOV issued for violations and complaints associated with this 5 Not in compliance with several condition: second hand smoke facility. Interior inspections 11/2/10, 1115110, In compliance after population reduced Addition of 533 Via Lido Client Bed Limits Client bed cap: 36 citywide; limited to 30 in Peninsula Zone V27111, 5/5111 other facilities Saud increased client s beds above limit 6 client beds at this facilit Disperse to one facility per block, or Block is area bounded on all sides by sheets; block length is 617 feet. In compliance facing each other across street 7 Sole facility on block Proximity to schools, large day care No facility w /in 1,000' of public elementary school or large day care facility In compliance facilities 8 Staling Minimum of 1 on -site or on -call manager 2417 at each facility. In compliance 9 211111 - NBPD reported no violations. Must comply with NBMC restrictions on parolee- probationer homes; +no 5/11/11 - Morningside asked to provide Parolees and government referrals clients required to register as sex offenders or gang members, no Prop 36- verified statement that still in compliance with In compliance funded clients this requirement. Verifletl statement not yet Under NBPD's current interpretation, NBPD can only provide information on whether parolee: 10 or c omationers are housed in specific locations for criminal law enforcement purposes Assembly uses prohibited Assembly use prohibited at facility, unless solely attended by that facility's In compliance No assembly complaints 11 residents, staff or family. Medical waste disposal Disposed of in accordance with law and best practices Interior inspections 11/2, 1115, 1127111, In compliance 12 5/5/11 Other waste disposal Comply with NBMC trash enclosure provisions Inspections 11/2, 11/5, 1/27/11, 5/5111 In compliance No complaints at this 13 location See Complaint Log. Warning email sent 11/23, 11/23 Morningside responded they would review. Discussed at No secondhand smoke detected off parcel. No tobacco-related litter or Repeated complaints of 1/27/11 inspection. 3/30111 warning email sent; 4/19/11 Morningside notified City they had Secondhand smoke violation of beach and boardwalk smoking prohibitions Not in compliance al all times smoke detected off restricted balcony smoking area to 1 person at time. W/ Mamingside cooperation, test property conducted by Code Enforcement Confirmed smoke could be detected when designated la smoking area used. Issued advisory letter 5/13111. Smoking area relocated Garages clear, available for parking by stab, visiting family, domestic Off-sheet Parking services staff, client transport vehicles. Clients may not have personal Inspected 1112/10, 11/5/10, 1127/11, 5/5/11 Not in compliance on all times 15 vehicles. 1112/10 NOV issued; garage not clear for parking. Cleared by 1115/11 no further violations. Loading and unloading of clients from van only in open parking or garage Client transport spaces; no stopping or double parking in traffic lane to load or unload clients In compliance No. complaints at this Must follow all City rules regarding parking, stopping and waiting, must not location lfi block alleys or streets No complaints at this Profanity and lewd behavior No profanity at level audible to neighboring residents In compliance locaflon 17 Quiet hours Quiet hours, no noise detectable beyond perimeter: 9:00 PM- 6:00 AM. Incompliance No complaints at this is location Client transport routes Morningside shall adhere to route plans submitted to City. In compliance No complaints at this location 19 Deliveries Deliveries during weekdays only, between 9:00 AM and 5:00 PM, in private In compliance No complaints at this staff vehicles. location 20 Hotline 24 -hour hotline for complaints, or contact name, number and email to Not in compliance respond to complaints w /in 24 hours Momin side has not provided hotline number to City Clients per bedroom 2 clients per bedroom unless size of structure warrants more for any single Inspections 11/2, 1115, 1127/11, 515/11 In compliance Two or fewer clients per bedroom. Six client beds total. bedroom 22 1 [AID -005901 Matrix- ludividual Fadlitl¢5 05.26.11 1-22 F-t W A0 C D E F G H Ron Morningside Recovery Zoning Agreement - Compliance Review - Individual Facilities - For period of 9128110 - 5127/11 Condition Category Specific Requirements Inspection Date Result Complaints to or Loas 4 Client bed Ss consistent with $s reported. Facility address'. 100 -102 Via Interior inspections 11/2/10. Three garages not clear for parking on Antibes, 208 Vla Lido Soud 1115/10, 5/5/11 1112/10, third garage not clear by 526/11. 1 NOV and 1 citation issued for violations s associated with this facrlil Client Bed Limits Client bed ca 36 citywide; limited to 30 in Peninsula Zone p' y`v Interior inspections 1112/10, In compliance after population reduced an s 11/5/10 11/5110. 11 client beds at this facili Disperse to one facility per block, or Block is area bounded on all sides by streets; block length is 617 feel. Sole facility an block, in triplex building Established before adoption of ZA; three units in facing each other across street single buildin Proximity to schools, large day care No facility w /in 1,000' of public elementary school or large day care In compliance a facilities facility 9 Staffing Minimum of 1 on-site or oa.11 manager 249 at each facility In compliance 211/11 - NBPD reported no violations. 5/11/11 - Must comply with NBMC restructure on parolee- probaboner homes; + Momingside asked to Parolees and government referrals no clients required to register as sex offenders or gang members, no provide verified statement In compliance Under NBPD's current interpretation, NBPD can Prop 36- funded clients that still in compliance with only provide information on whether parolees or this requirement. Verified probationers are housed in specific locations for 10 statement not yet provided. criminal law enforcement purposes. Assembly uses prohibited Assembly use prohibited at facility, unless solely attended by that In compliance 11 facili 's residents staff ixiermily Medical waste disposal Disposed of in accordance with law and best practices Interior inspections 11/2/10, In compliance 12 11/5/10 51511 Other waste disposal Comply with NBMC trash enclosure provisions Interior inspections 1112/10, Incompliance 13 11/5110 51511 Secondhand smoke No secondhand smoke detected off parcel. No tobacco-relaled litter Interior inspections 11/2/10, Not in compliance at all limes Complaint of smoking 1a or violation of beach and boardwalk smoking rohibifiore 1115110 5/511 offsite 5119111 Warnin email sent to Momin side; no ras once Garages clear, available for parking by staff, visiting family, domestic Interior Inspections 11/2110, NOV issued 11/2/tQ 2 garages cleared and Off - street Parking services stag, client transport vehicles. Clients may not have personal 1115/10, 5/511 Not in compliance at all times made available for parking. Third space not yet is vehicles. accessible to Moringside. Loading and unloading of clients from van only in open parking or Client transport garage spaces; no stopping or double parking in traffic lane to load or In compliance at this facility No complaints at this unload clients. Must fallow all City rules regarding parking, stopping facility and wai0ng, must not block alleys or streets. lfi Profanity and lewd behavior No profanity at level audible to neighboring residents No profanity complaints at this location 17 Quiet hoots, no noise detectable beyond perimeter: 9:00 PM - 8:00 CE co nflred quiet mAM Quiet hours Not in compliance at all times hours violation on Administrative citation issued 5/16/11. is 5/13/11. Momin side disputes that violation occurred Client transport routes Momingside shall adhere to route plans submitted to City. In compliance at this facility 1 complaint received City provided clarification on route plans to is complainant Deliveries Deliveries during weekdays only, between 9:00 AM and 5:00 PM, in In compliance at this facility No delivery complaints 20 private staff vehices. at this facility Hotline 24 -hour hotine. for complaints, or contact name, number and email to Not in compliance Momingside has not provided City with hotline 21 respond to complaints whin 24 hours number Clients per bedroom 2 clients per bedroom unless size of structure warrants more for any Interiorinspecticns ll /2110, In compliance Two or fewer clients per bedroom, 11 client bed 23 alone, bedroom 11/5/10 51511 total F-t W 124 laroaasml mom..- xnme„oieedae:os.xv A0 c D E G H Ron Morningside Recovery Zoning Agreement - Compliance Review - Individual Facilities - For period of 9128110 - 5/27/11 il Condition Category Date Result Complaints to Do r Notes 4 Code Enforcement Interior inspections 11/2!10, 1115/10, See Complaint Log - 10 warning emails /letters, 4 NOVS and 3 citations issued for violations and complaints associated with this Facility atldress 533 Via Lido Soud 1127/11 5/5/11 Not in compliance with numerous complaints o facility. 5 several conditions multiple violation =_ Complaint that addition Violation confirmed; NOV issued 11/2/10, Morningsitle reduced client beds at other facilities to comply. 6. Client Bed Limits Client bed cap: 36 citywide; limited to 30 in Peninsula Zone Interior inspections 11/2/10,11/5/10, Not in compliance at all of this facility in October client beds at this facility on 1127111 and 5/5/11 inspections. 17 1127111, 5/5111 times 2010 exceeded bed a Disperse to one facility per block, or Block is area bounded on all sides by streets; block length is 617 In compliance Sole facility on block facin each other across street feet. Proximity to schools, large day care No facility who 1,000' of public elementary school or large day care In compliance a facilities facility Repeated complaints (See Complaint Log). Some question of whether staffing adequate to control facility Staffing Minimum oft on -site or on -call manager24/7 at each facility. Compliance in question population. 9 2/1/11 - NBPD reported no violations. Future NBPD confirmation will be limited. Under NSPO's current interpretation, NBPD can only provide Must comply with NBMC restrictions on parolee - probationer homes 5/11/11 - Morningside asked to provide information on whether parolees or probationers are housed in specific locations for criminal law Parolees and government referrals * no clients required to register as sex offenders or gang members, verified statement Nat still in compliance Incompliance enforcement purposes. no Prop 36- funded clients with this requirement. Verified statement 10 Assembly uses prohibited Assembly use prohibited at facility, unless solely attended by that In compliance No assembly 11 facility's residents, staff or family complaints Medical waste disposal Disposed of in accordance with law and best practices Interior inspections 11/2/10, 1115/10, In compliance u 1/27/11 515/11 Other waste disposal Comply with NBMC trash enclosure provisions Inspections 115 10, 11/5/10,1/27/11, In compliance At 1127111 inspections, observed no refuse can lids. Refuse cans moved to garage as directed. 13 Repeated complaints of NOV issued 11/9/10. (See Complaint Log) Smoking area moved indoors. Warning email sent on 4/1/11 smoke detected off following further complaints. Secondhand smoke No secondhand smoke detected off parcel. No tobacco- related Inspection 11/9/10 Not in compliance at all property; (See lAter or violation of beach and boardwalk smoking prohibitions times Complaint Log.) Violations confirmed by a Garages clear, available for parking by staff, visiting family, Off-street Parking domestic services staff, client transport vehicles. Clients may not In compliance 15 have Personal vehicles. See Complaint Log. NOVs issued 115111, 5113111, Citation issued 218/11. (See Complaint Log for complaints, City steps taken, Loading and unloading of clients from van only In open parking or Multiple complaints for and Momingside response over several months. ) Morningside pasted notices re parking in facility, garage spaces; no stopping or double parking in traffic lane to load blocking neighboring instructed staff and visitors on legal parking procedures, on 4125111. Morningside states not associated w/ Client transport or unload clients. Must follow all City rules regarding parking, Not in compliance driveways, and parking vehicle in 5/13/11 parking violation, stopping and waiting, must not block alleys or streets. in manner that blocks la I traffic lanes. Profanity and lewd behavior No profanity at level audible to neighboring residents Not in compliance at all Complaints received Morningside notified 411111. No profanity complaints received since notification. 17 4 warning emaus 12/10111 - 1126111. 1217 Momingside directed house manager to address w/ residents. Quiet hours Quiet hours, no noise delectable beyond perimeter: 9:00 PM -8:0 Not in compliance See Complaint Log for 1110 Morningside directed house manager to address w/ residents. 1/27 - Morningside posted notice he AM multiple complaint. p p quiet hours. Violations continued: 1 NOV issued 1131111, 1 citation issued 5/16111 for quiet hour violations. 18 See Complaint Log. Warning email sent 11/9110; 11115 Morningside responded it was not their vehicle. Waming email sent Multiple complaints, 11122, on 11123 Morningside responded not their vehicle, but staff advised. NOV issued 115111, citation including vans parked issued 2/8111. Momingside reported rules notice posted at facility on 4125111.. Client transport routes Morningside shall adhere to route plans submitted to City. Not in compliance at all wrong way on adjacent times street (w/ photo), and vehicles blacking 19 neighboring driveways. NOV for delivery issued 115i11. Warning email sent 1/7/11 for 1/6111 complaint. Momingside reported 1/1 Deliveries Deliveries during weekdays only, between 9:00 AM and 5:00 PM, Not in compliance Sae Complaint Log far that house manager notified dropping off mail after 5:00 not permitted. Warning email sent 1126. Warning private staff vehicles. multiple complaints. email sent 5/13, Momingside responded no deliveries after 5:00. Warning email sent 5/13111. Citation a sabred 5/16111. Mornin si Hotline 24 -hour hotline for complaints, or contact name, number antl email Not in compliance Morningsitle has not provided City with hotline number. t to res and to complaints wlin 24 hour: Clients per betlroom 2 clients per bedroom unless size of structure warrants more lateral Inspections , 11/2/10, 1115/10, 1127/11, In compliance Two or fewer clients per bedroom; six client beds total. 22 sin le betlroom 5/5111 laroaasml mom..- xnme„oieedae:os.xv 120 V tAtaassao /uam.- r�a,.m�ar.mm�as.zs.tt AB C 0 E F G H Ron Momingside Recovery Zoning Agreement - Compliance Review - Individual Facilities - For period of 9128110 - 5127111 ME Condition Catesqory Specific Requirements Inspection Date Result Complaints to NBPD or Code Enforcement Notes 5 Facility address. 112 B 39th Street This facility closed 1113012010. Client Bed Limits Client bed cap: 36 citywide; [!milted to 30 in Peninsula Zone Interior inspections Not in compliance at all Addition of 533 Via Lido Saud Increased client bed. above G 11/2/10,11/5/10 times limit Violation confirmed NOV issued 1112/10, Momin side reduced client beds to comply Disperse to one facility per block, or Piwk is area bounded on all sides by streets; block length is 617 feet. facing each other across street 7 Proximity to schools, large day care No facility wfn 1,000' of public elementary school or large day care facility facilities a Staffing Minimum of 1 on -site or :m-call manager 248 at each facility. 9 Parolees and government referrals Must comply with NBMC restrictions on parolee - probationer homes; + no clients required to register as sex offenders or gang members, no Prop 36- funded clients 10 Assembly uses prohibited Assembly use prohibited at facility, unless solely attended by that facility's residents, staff or family, 11 Medical waste disposal Disposed of in accordance with law and best practices Interior inspections In compliance ti 1112, 1115 Other waste disposal Comply with NBMC trash enclosure provisions Inspections 1112, 1115 In compliance 13 Secondhand smoke No secondhand smoke detected off parcel. No tobacco- related litter or violation of beach and boardwalk smoking prohibitions 14. Offshoot Parking Garages clear, available for parking by staff, visiting family, domestic services staff, Inspected 11/2,1115 In compliance client transport vehicles. Clients may not have personal vehicles. 15 Loading and unloading of clients from van only in open parking or garage spaces; n Client transport stopping or double parking in traffic lane to load or unload clients. Must fallow all Ch rules regarding parking, stopping and waiting, must not block alleys or streets. 16 Profanity and lewd behavior No profanity at level audible to neighboring residents v Quiet hours Quiet hours, no noise detectable beyond perimeter: 9:00 PM -8:00 AM. 9 Client transport routes Morningside shall adhere to route plans submitted to City. 19 Deliveries Deliveries during weekdays only, between 9:00 AM and 5:00 PM, in private staff ehick s. 20 Hotline 24 -hour hotline for complaints, or contact name, number and email to respond to complaints w /in 24 hours 21 Clients per bedroom 2 clients per bedroom unless size of structure warrants more for any single bedroom Inspections 11/2, 1115. In compliance V tAtaassao /uam.- r�a,.m�ar.mm�as.zs.tt 122 City Council Attachment F Code Enforcement Complaint Log 1:9 ISO Morninside Recovery Complaint Log 2011 Review 'On Same dates, there maybe multiple complaints for the same violation Data of Date , ADDRESS �,,COMPLANT CONDITION CITY ACTION ioN� RESULTS: 1114/10 -MSR staff advised not to park In 09/23/10 10121/10 34134 Via Lido Parking in a red zone Condition No. 9 1112/10 -NOV issued (12010.11 U) the red zone on Via Oporto 11/ 2/10 - Multiple City inspections, NOV 1114110 - MSR agreed to work with City to 09/23110 10121110 3404 Via Lido Route plan violations Condition No. 13 Issued (12010-1139) revise the approved Route Plans Bed count reduced In compliance with 10/25/10 110/25/10 INA MSR has more client beds than approved by the DA Condition No.1 11/2/10. NOV Issued Q2010-1140) Condition No. 1 of the ZA 10 /512011 -NOV Issued 1012911 04arages were cleared out and 10/05/10 10/05111 4823 River Ave Garage net accessible for parking Condition No. 8 10122/10- 2nd NOV issued (12010-1049) inspected by City staff 1. Secondhand smoke 2. 1. Condition No. 7 11/4/10- MSR letter- 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 10125/10 533 Via Lido Soud' 3. Vehicle blocking neighbors driveway 3. Conciltion No. 9 issued for observed violations (12010-1140) legal parking space 1. Secondhand smoke 1. Condition No. 7 1112110. Inspected MSR facilities; NOV 11/4/10.MSR agreed to workwith City to 10/26/10 10/26/10 533 Via Lido Soud 2. Vehicle blocking neighbors driveway 2. Condition No. 9 issued for observed violations 12010-1140 address complaints 1112/10- Inspected MSR facilities; NOV 11/4/1 &MSR letter- agreed to work with 10/26/10 10/26/10 533 Via Lido Soud Secondhand Smoke Condition No. 7 Issued for observed violations (12011-1140) City to address com lairs 1112110- Inspected MSR facilities; NOV 1. Secondhand Smoke Issued for observed violations (12010- 11/4/10 -MSR letter- agreed to work with 10/27/10 10/27/10 533 Via Lido Soud 2. General Complaint loverall lack of compliance) Condition No. 7 1140) City to address complaint 1112/10- 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 1112/10- Inspected MSR facflhies; 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 12010 -1140 Cltv to address complaints 11 /2/10 - Inspected MSR facilities; NOV 11 /4/1 &MSR letter- agreed to work with 10/30/10 10/30110 533 Via Lido Soud 1. Secondhand Smoke 1. Condition N0.7 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 11/2/10- Inspected MSR facilities: NOV 11/4110-MSR letter- agreed to work with 10131110 10131110 533 Via Lido Soud vehicle blocking neighbor's driveway 3. Condition No. 9 Issued for observed violations 02010-1140) City to address complaints 1. Secondhand Smoke 1. Condition No. 7 2. Quiet Hours violation 3. 2. Condition No. 12 11/2110- Inspected MSR facilities: NOV 11/4/10-MSR letter- agreed to workwith 11/01/10 11/01/10 533 Via Lido Soud Route plan violation 3. Condition No. 13 Issued for observed violations (12010-1140) City to address comelaints 1. Secondhand Smoke 2. 1. Condition No. 7 11 /2110 - Inspected MSR facilities; NOV 11/4/10 -MSR letter- agreed to work with 11101110 11101/10 .533 Via Lido Soud Quiet Hours violation 2. Condition No. 12 Issued for observed violations (12010-1140 City to address complaints 1533 1. Secondhand Smoke 1. Condition No. 7 11 /2/10 - Inspected MSR facilities: NOV 11/4/10-MSR letter- agreed to workwith 11/02/10 11/02/10 Via Lido Soud 2. vehicle blocking neighbors driveway 2. Condition No. 9 Issued for observed violatlonS(12010-1140) City to address complaints 11/5/1 D-Garages were cleared out and "02/'o 1110WO 29[ma Loa Ct. Garage not accessible for parking Condition No. 8 11/2/10-NOV issued (12010-1142) inspected by City staff 11/5/10-Garages were cleared out and J10 P110211102J10 100-102 Via Antibes Garage not accessible for parking Condition No. 8 11/2/10-NOV issued: �12010-1141) Inspected by City Staff 1112/10. Inspected MSR facilities; NOV 1114110 -MSR letter. agreed to work with 11102/10 11/0910 533 Va Lido Soud Quiet Hours violation Condition No. 12 Issued for observed violations (12011-1140) Oily to address complaints F-t Wy � (U Morningside Recovery Complaint Log 2011 Review 1. Secondhand Smoke 1. Condition No. 7 11/2/10- Inspected MSR facilities; NOV 1114 /10MSR letter- agreed to work with 1v03/lo 11/03/10 533 Via Lido Soud 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 I V4/10 -MSR letter - agreed to work with 11/04110 11104/10 533 Via Lido Soud 2. Vehicle blocking neighbor's driveway 2. Condition No. 9 Issued for observed violations 11201 0 -1140 City to address complaints 1. Secondhand Smoke 1. Condition No. 7 L Unable to detect secondhand smoke MSR agreed to work with City to amend 11/05/10 11105/10 533 Via Lido Soud 2. Route Plan 2. Condition No. 13 2. No route plan violation route plans 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 Cigarette butts in City laver Condition No. 7 11/10/10 -NOV Issued; 12010 -1188 Cigarette butts were picked u 1. Secondhand Smoke 1. Condition No. 7 1. Inspection scheduled for 11/8110 11/06/10 11106110 533 Via Lido Soud 2. Route Plan 2. Condition No. 13 2. No violation on route plan 1. Vehicle blocking neighbor's driveway 1. Condition No. 9 Unable to verify violation, advised MSR of 11/06/10 10/29/10 533 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 10/30/10 1533 Via Lido Soud Vehicle double parked Condition No. 9 complaint No official response from MSR 11/06/10 11/05/10 533 Via Lido Soud Profanity by MSR staff Condition No. 10 Insufficient Information from re ortin a 11 /8 /10- verified violation 11 110 /10- Change In smoking policy by 11107110 11/07/10 533 Via Lido Soud Secondhand Smoke Condition No. 7 1119/10- NOV Issued 12010 -0172 MSR, moved smoking area to garage 1. Secondhand smoke 1. Condition No. 7 ' 1. 11/9/10- NOV issued (12010-0172) 11/10/10- Change in smoking policy by 11/07/10 11/04/10 533 Via Lido Soud 2. Vehicle blockin drivewa on 10/26/10 2. Condition No.9 2. Previously addressed in letter to MSR MSR, moved smoking area to garage 1118110 -MSR removed City seal from 11108110 11/08/10 NA Use of City seal on MSR website NA 11/8/10- NOV issued 12010 -1161 website 11 /8 /10- verified violation 11/10/10- Change In smoking policy by 11108/10 11/08/10 533 Via Lido Soud Secondhand smoke Condition No. 7 1119110- NOV Issued 12010 -0172 MSR, moved smoking area to qamqe 11 /8 /10- verifled violation 11/10/10- Change in smoking policy by 11/08/10 11/08/10 533 VIa Lido Soud Secondhand smoke Condition No. 7 11/9/10- NOV issued 120100172 MSR, moved smoking area to gam e 11/09/10 11/09/10 533 Via Lido Soud Route plan violation Condition No. Complaint referred to OCA, no violation 1. 1119110- NOV issued (120100172) 1. Secondhand smoke 1. Condition No. 7 2. Contacted MSR regarding blocking 11/10/10- Change In smoking policy by 11109110 11/09/10 533 Via Lido Soud 2. Vehicle blocking neighbor's driveway 2. Condition No.9 driveways MSR, moved smoking area to garage 1118 /10- verified violation 11/10/10- Change In smoking policy by 11/09/10 11/09/10 533 Via Lido Soud Secondhand smoke Condition No. 7 115 /10- NOV Issued 12010 -0172 MSR, moved smoking area to garage 11 18110 - verified violation 11110/10- Change In smoking policy by 11109/10 11/09/10 533 Via Lido Soud Secondhand Smoke Condition No. 7 11/9/10- NOV Issued 12010 -0172 MSR, moved smokln a area to naraoe 1. Secondhand Smoke 2. 1. Condition No. 7 11/12/10- Inspection at an adjacent property 11110/10 11110110 533 Via Lido Soud Quiet hours violation 2.Conditon 12 to verify complaints 11 112/10 -No violation found 11/12110- inspection at an adjacent property I I 11110/10 11/10/10 533 Via Lido Soud Secondhand smoke Condition No. 7 to verify complaints 11112/10 -No violation found VV W Morningside Recovery Complaint Log 2011 Review 11/12/10- Inspection at an adjacent property 11/11/10 11/11/10 533 Via Lido Soud Secondhand smoke Condition No.7 to verify complaints 11 /12/10 -No violation found 11/12/10 1.1112/10 533 Via Lido Soud Parking violation, vehicle blocking ddveway Condition 9 No Violation; advised reporting art 11/13/10- Unable to independently verify 1115110 - Per MSR, all drivers warned not 11113/10 11113/10 533 Via Lido Soud Vehicle blocking net hbofs driveway Condition No. 9 violation, Email to MSR to block nei hbors drivewa 5 11/13/10- No Violation; advised reporting 11/13/10 11/13110 100 -102 Via Antibes Route plan violation Condition No. 13 party 11 /15 /10- 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 nei hbofs driveway Condition No.9 violation, Email to MSR to block neighbors driveways 11/15/10 11/15/10 533 Via Lido Soud Parking violation, vehicle blocking driveway Condition No.9 No Violation; advised reporting a 1. Garage not being utilized for parking 1. Condition No. 9 11/15/10 - Emall to MSR regarding parking 11/15/10- Email from MSR that all drivers 11115/10 11/15/10 533 Via Lido Soud 2.Profanity 2. Condition N0.10 requirements had been briefed on parking concerns. 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 lass door Condition No. 19 Door was promptly replaced No action required 11/22/10- Unable to independently verify 11/23/10- Per MSR, all drivers warned 11/17/10 11/16/10 533 Vla Lido Soud MSR vehicle double parked Condition No. 9 violation Email to MSR not to double park 11/22110- Unable to Independently verify 11/23/10 -Per MSR, all drivers warned not 11119.12010 11/19110 533 Vla Lido Soud MSR vehicle double parked Condition No. 9 violation Email to MSR to double park 11@3/10- Unable to independently verify 11123/1 0 -MSR agreed to address 11/23/10 11/23/10 291ma Loa Ct Secondhand Smoke Condition No.9 violation, letter to MSR complaints 12/6110.MSR contacted Schwan and requested that solicitation immediately 12103110 12/02/10 533 Via Lido Soud Dellvery after hours Condition No. 14 12/6 /10- Called /emall to MSR cease 12/03/10 12/03/10 533 Via Lido Soud Vehicle blocking neighbors driveway Condition No.9 12/6/10 -MSR contacted Schwans and requested that solicitation immediately 12/03/10 12102110 533 Via Lido Soud Delivery after hours Condition No. 14 12/6 /10- Called /email to MSR cease 12/7110. Per MSR, house manager held meeting with residents regarding quiet 12/04/10 12104110 533 Via Lido Soud Quiet hours violation Condition No. 12 12/7 110- Email to MSR hours 128/10- Per MSR, house manager held meeting with residents regarding quiet 12106110 12/06/10 533 Via Lido Soud Quiet hours violation Condition No. 12 1217 /10 -Email to MSR hours 12r7 110.Per MSR, house manager held meeting with residents regarding quiet 12106/10 12/06/10 533 Via Lido Soud Quiet hours violation Condition No. 12 12/7/10- Email to MSR hours 1. MSR vehicle parked facing wrong direction on Via Lido Soud 1. Condition No.9 1/5/11- NOV and email; discussed violation 12/27/10 12126/10 533 Via Lido Soud 2. Delivery on Sunday. 2. Condition No. 14 with Mr. Gates, 12011 -0009 No official response from MSR General Complaint regarding after hours visitors and drop 01/03/11 N/A 1533 Via Lido Soud offs, loud voices Condition No.12 N/A N/A I _ W* �F Morningside Recovery Complaint Loo 2011 Review 1.Secontlhand smoke LContlftlon No.7 01/04/11 01/04/11 533 Via Lido Soud 2. Resident talking loudly during quiet hours. 2.Conditlon No. 12 1/S /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 Via Litlo Soud Clients talkina on dock until 9:30 p.m. Condition No. 12 117111 - Email to MSR Ms. emce staff. 1110111- Email from Ms. Bruce stating that she had addressed the matter with 01/06/11 01/06/11 533 Via Lido Soud Delivery after 9:00 p.m. Condition No. 14 1/7/N- Email to MSR Ms. Bruce staff. 1110111- 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 calkinq on dock before 8:00 a.m. Condition No. 12 a.m. staff. 1127/11- MSR policy change. Clients not 1. Clients talking on lower rear yard deck at 7:30 a.m. 1.Condition No. 12 1. 1126111- Email to MSR (Ms. Brace) allowed on decks and dock during quiet 01/23/11 01/23/11 533 Via Lido Soud 2. Possible delivery on Saturday night 2.Conditlon No. 14 2. 1131111- NOV issued 12011 -0109 Hours. 1127111- Discussed violation with Kyle Mardvae of MSR, lids on trash cans by 01/26/11 01/26/11 4823 River Ave Refuse containers without lids Contlition No.6 1/31 /11- NOV issued: 12011 -1116 and of day I. Unable to detect secondhand smoke: Discussed complaint during quarterly 01127111 01/27/11 291ma Loa Of Secondhand smoke Condition No.7 Inspection on 1127111 No official response from MSR 1/27111- MSR policy change. Clients not allowed on decks and dock during quiet 01/28/11 01/28/11 533 Via Lido Soud Clients talking on lower feat yard deck at 7:30 a.m. Condition No. 12 1. 1/31111 -NOV issued 12011 -0109 Hours 218111- Citation issued and follow up email 01/31/11 01131111 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. 12011-013fft No official res nse from MSR 2/8111- Email to MSR regarding complaint 02/06/11 02/06111 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 02/06/11 4823 River Ave Passenger van blocking sidewalk Condition No. 9 PD 12 01 1 -01 4 2 No official response from MSR 3/10/11 -No Violation, Asked Ms. Bruce to 3 111 /11 -Email from Candace Bruce, not 02/21/11 02/21 /11 3404 Via Lido Vehicles Parked in red zone Condition No. 9 Invest! ate one of the vehicles the truck an MSR vehicle or contractor 3/11/11 -Email from Candace Brace, staff 03101/11 03101/11 533 Via Lido Soud Late night delfvery/drop delivery/drop off of clients Condition No. 14 312111 -No violation 12011 -0201 member advised Truck belonging to House Manager has out-cf -state license 3/17111- Email to RP with link to CHIP 03/08/11 03108/11 533 Via Lido Soud plate NA website NA 3117111- Called Kyle Marcotte regarding license plate. 4 /1/11 -Email to Candace 03/10/11 03/09/11 533 Via Lido Soud Vehicle blocking neighbors driveway. Condition No. 9 Bruce No official response from MSR t. Secondhand smoke from garage 1. Condition No. 7 4/1/11.4/6/1 I-Email to MSR regarding 03/16/11 03/16/11 533 Via Lido Soud 2. loud cell Phone conversation 2. Condition No. 10 Complaint No official response from MSR 1. Trash cans with no lids I. 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 3111111 Email from C. Bruce, Staff verified 03108/11 03/08/11 4823 River Ave 3. vans blocking sidewalk and damaging city planter 3. Condition No. 8 Works 12011 -0211 trash cans stored in garage. Meeting with David Gates on 414111; No 03/29/11 03/29/11 29 lma Loa Ct Secondhand Smoke Condition No.7 3/30111- Inspection scheduled for 4/4/11 official res onse from MSR 4120/11 -Under Investigation by MSR as 04/05/11 04/03/11 4823 River Ave - Vehicle blocking public sidewalk Condition No.9 04/11/1 -Email to MSR Ms. Bruce vehicle does not belong to staff rW v Morningside Recovery Complaint Loa 2011 Review 1. Admin citation for cigarette butts (12011- 4120/11- MSR memo to residents 1. Cigarette butts In planter 2. 1. Condition No, 7 0352) regarding parking In PROW and proper 04/10/11 04111/11 4823 River Ave Damage to City Planter by MSR vehicles 2. Condition No. 19 2. NOV for City planter tlis osal of cl arette butts 4 121111 - Compliance Review Report 04/14/11 04/14/11 NA Failure to submit Compliance Review Report NA 4114/11 -NOV Issued to MSR 12011 -0358 submitted by MSR 4@0111- Memo from MSR to residents of 04/14/11 04/14/11 4823 River Ave Vehicle blocking public sidewalk Condition No.9 4/20/11 -NOV Issued 12011 -0363 the facility regarding arkin 4120/11- Memo to resident changing 4/20/11 -Met with Brian Burke at MSR smoking policy, one person smoking at a 04/15/11 04/15/17 291ma Loa Ct Secondhand smoke Condition No.7 regarding complaint time 4 /25111 -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 04/21/11 533 Via Lido Soud cigarette butts in street 2. Condition No. 7 Discussed violation with MSR cigarette butts 4125 /11 -Admin citation issued for NBMC 4125111- Memo from MSR to staff and 04/22/11 04/22/11 4823 River Aver Parking in front yard setback and City Planter Condition No. 9 20.40.090C 1 12011 -0409 residents recardinq Parkinq 5/13/11- Confirmed violation, Admin ctation 5/18/11- Letter from MSR disputing 04/22/11 0422111 533 Via Lido Soud After hours delivery Condition No. 14 Issued. 12011 -0501 violation 5/13/11- Confirmed violation, Atlmin citation 5118/11- Letterfrom MSR disputing 0425/11 04/19/11 533 Via Lido Soud After hours delivery Condition No. 14 Issued. 12011 -0507 violation 4/25111- Memo from MSR to staff and 04/26/11 04/04/11 4823 River Ave Vehicle blocking sidewalk Condition No. 9 4/28/11 -Admin citation issued. 12014 -0418 residents reRaming parking 5/13111- Confirmed violation, Atlmin citation 04/30/11 04/29/11 533 Via Lido Soud Quiet hours violation Condition No. 12 issued. (12011-0502) - 515/11- Field test, Verified complaint. 5/13/11- Letter to MSR regarding 5/18/11- Memo from MSR to staff and 05101/11 05/01/11 291ma Loa Ct Secondhand Smoke Condition No. 7 secondhand smoke residents regarding parking . 5/18/11- Letter from MSR disputing 05/13/11 05/13/11 100.102 Via Antibes Quiet hours violation Condition No. 12 5113 /11 -Atlmin citation issued 12011 -0503 violation 05/15/11 05/15/77 533 Via Lido Soud Quiet hours violation Condition No. 12 Under Investigation Prior 05/16/11 week 29 ma Loa Ct Secondhand Smoke Condition No. 7 5/19/11- Email to MSR reprding complaint 5 /25111 -No official response from MSR 05117/11 05/17/11 533 Via Lido Soud After hours delivery Condition No. 14 Under Investigation 5119/11- Unable to verify violation. Email to 05/19/11 05/19/11 100 -102 Via Antibes Secondhand Smoke Condition No. 7 MSR regarding complaint. 5/25/11- No official response from MSR 0523/11 05/23111 29 Imo 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 05/24/11 533 Via Lido Soud After hours delivery Condition No. 14 Under Investigation ISO City Council Attachment G Vicinity Maps of Morningside Facilities IS7 ISO t�� r VICINITY MAP 4823 A & B River Avenue PO \p0 N-C 0 9 0 4 'Y O / � p0 OP / `7 ■ALL +►} ^ Subject Property �'Y h �ti ♦h� -0 7bs^ u y 0 hp , h0 8f lb 0 6 1 A a� p0 � A ►1 °A ,r .t` , . fA 139 i40 141 142 243 1-44 145 140 City Council Attachment H All Communication, NOV's and Administrative Citations issued to Morningside to date 147 1-42 Communication to /from City of Newport Beach & Morningside re: 533 Via Lido Soud 150 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 ( °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 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 Newport Baulevard • Post Office Box 1766 • Newport Beach. California 92658.8915 Telephone: (949) 644 -3200 • Fax: (949) 644 -3229 , www.city.newport- beach.ca.us 2�2 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 Condit on -mss 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 loading/unloading passengers. 3. Quiet Hours- Condltlon 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) 6443217. Sincerely, Matt Cosylion Senior Code Enforcement Officer cc: Dave Kiff, City Manager David Hunt, City Attorney James Campbell, Acting Planning Director 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 Soud. 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 Soud. 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 Saud. 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 Saud. 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. 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.. i�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 p i5 YO NOTICE OF VIOLATION CITY OF NEWPORT BEACH �j0 -,� r,�r•; CODE 8 Water Quality Enforcement :, ernu•.,; 3900 Newport Blvd. "- Newport Beach, CA 92663 949 -644 -3215 Number_ Dale: Name of Owner or Business: MORNINGSIDE RECOVERY )' 3421 VIA OPORTO, SUITE 9200 NEWPORT BEACH,CA,92663 12010.1172 11109/2010 An Inspection of premises located at 533 VIA LIDO SOLID NB in the Clly of Newport Beach, on 11/0012010 revealed a violalion(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED [ ] FINAL WARNING ft ] THIS !.VIOLATION(S)�WAS.gRIGINALLY BROUGHT TO YOUR ATTENTION ON -.; "AND YOU HAVE:NOT `�. CORRECTS O' OR, RES OLVE D +TH E.viO LAT10N(SI .. . NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONISYREOUI.R.ED. - 1. AS REQUIRED BY CONDITION NO: T 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 533 VIA LIDO SOUR, 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 BEFOREZ±/, -/C rlrf 6 . 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 ./�� -v' ��._ - - -•�' ' V(OLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID 4 0309 ZJ55 Cosylion, Matfi 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 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 Beatificato 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 rmailto:MCos o no newportbeachca.govl 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 Morningslde 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 $33 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 ...... Cosylion, Matt From: Candace Bruce (candace@momingsiderecovery.com) . Sent: Monday, November 15, 2010 3:28 PM' To: Cosylion, Matt Cc: Mary Helen Beatificalo Subject: RE: Parking Issue I have sent a notice to ALL Staff addressing these issues. From: Cosyllon, Matt [mailto:MCosyllon( newnortbeachca.aov1 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 Cosyilon Senior Code & Water quality Enforcement Officer Planning Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 i.�g Cosyllon, Matt. From: Candace Bruce (candace Qmomingslderecovery.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(o)newrxrrtbeachca.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 d 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 1�9 Cosylion, Matt From: Sent: To: Subject: Attachments: 'Good Afternoon Candace, Cosylion, Matt Monday, December 06, 2010 1:09 PM 'Candace Bruce' Food Delivery Service Truck photo.jpg 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 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 1�0 Cosylion, Matt From: Cosylion, Matt Sent: Monday; December 06, 2010 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 slop 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 date. 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 stop Schwan's Home Service delivery trucks from visiting you going forward, please call us at 1- 888 - SCHWANS (1- 888 - 724-9267). Alternatively, you may want to consider changing your delivery service frequency to have the truck stop only when you place an order. Go to "My Account" then "Delivery Preferences" and choose the "Delivery service only when I place an order" selection to get food only when you place an order, versus being serviced on a regular route schedule. Matt 644 -3217 From: Candace Bruce fmalito: Candace rclmorningsiderecovery,com1 Sent: Monday, December 06, 2010 3:20 PM To: Cosyllon, Matt Subject: FW: Food Delivery Service Truck See Below From: 0DAT110030gol.com [mallto:QDAT11003Ca@aol.com1 Sent: Monday, December 06, 2010 3 :10 PM To: candace (o)mornlnasiderecovery.rom Subject: Re: Food Delivery Service Truck No.. He makes sales dolls 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.. In a message dated 12/6/2010 2:27:54 P.M. Pacific Standard Time, Candaceamorninosiderecoverv.com writes: 2�� 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, Matt" <MCosvlion@newoortbeachca.00v> Date: December 6, 2010 1 :08:33 PM PST To: "Candace Bruce" < candace(Mmorninasiderecovery.com> Subject: Food Delivery Service Truck Good Afternoon 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 1�2 Cosylion, Matt From: Candace Bruce I Candace @Morningsiderecovery.com) 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 949.676.0007 www,morningsiderecovery.com Qpr- Mornings,i,dc Cosylion, Matt From: Candace Bruce ( candace @morningsiderecovery.comj Sent: Friday, December 10, 2010 3:03 PM To: Cosylion, Matt Cc: Wolcott, Cathy Subject: RE: Quiet Hours- 633 Via Lido Soud 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 fmallto :MCosvlion(a)newportbeachca.aovl Sent: Tuesday, December 07, 2010 9:46 AM To: Candace Bruce Cc: Wolcott, Cathy Subject: Quiet Hours- 533 Via Lido Soud Candace, Over the weekend and last night, I received several complaints regarding loud conversations at 533 Via Lido Soud 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 30 pm. 4. 12/6- "Visitors" arrive at 533 Via Lido Soud in SUV at approximately 9:15 p.m. Conversations and laughter can be heard until the visitors left at approximately 9:25 p.m. 5. 12/6- "Visitor" arrives at 533 Via Lido Soud. This person was heard talking Into a "walkle 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 Soud. 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 1005 Cosyllon, Matt From: Cosyllon, Matt Sent: Wednesday, January 05, 2011 4:24 PM To: 'Candace Bruce' Cc: Wolcott, Cathy Subject: 533 Via Lido Soud Attachments: photo (2).jpg; photo (3).jpg; Photo (5).ipg; 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. 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�� ors f l 1 i NOTICE OF VIOLATION �..; l� >• CITY Of NEWPORT BEACH - U CODE & Water Quality Enforcement 't`,�rJ.�iivr�'• 3300 Newport Blvd. Newport Beach, CA 92663 949.644.3215 Number: Date: Name of Owner or Business; MORNINGSIDE RECOVERY {" 3421 VIA OPORTO #200 NEWPORT B EACH,CA,92663 2011.0009 01105120111 An inspection of promises located at 633 VIA LIDO SCUD NB In the City of Newport Beach, on 12/26/2010 revealed a violalion(s) of ilia Newport Beach Municipal code. WARNING ONLY [ (J PREVIOUSLY ADVISED ( ] FINAL WARNING [�] THIS VIOLATIONS) WAS rORIGINALLY;BLAROUGHT TION(5) TO-YdUkArrthficim om ' ANA YOU HAVENOT< ' COgtiEC7ED .'OR'RESOLYER;THE:VIO -. .. .. NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORREOTION(S)REQUIREO 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�I��Zi5 rA 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) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER ���!% ! COS %L.rex -% SIGNATURE OF OFFICER e2 VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID N 0309 207 Cosylion, Matt From: Candace Bruce [ Candace@morningsiderecovery.comI 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 f mallto :MCosyllonCatnewoortbeachca.00vl 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 Soud. 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, "Operatorshall enforce the Quiet Hours of 9 :60 p.m. to 8:00 a.m. dally to its patients, clients and customers occupying beds in its facility. Quiet rheans 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 Soud 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 egg Cosylion, Matt From: Cosylion, Matt Sent: Wednesday, January 26, 2011 12:18 PM To: 'Candace Bruce' Cc: Wolcott, Cathy Subject: 533 Via Udo 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 "deliver" vehicle was described as a Ford Explorer with an out -of -state license plate ISIS 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, 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" 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 Saud 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 Cosylion Senior Code & Water Quality Enforcement Officer Planning Department 3300 Newport Blvd, Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 __.� Morningside January 27, 2019 To: All Lido Saud Residents From: Kyle Marcotte Please note that the use of the balconies and the Docks at 533 Lido Saud 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 1:o h �yWPOR ca o• NOTICE OFMOLATION N, CITY OF NEWPORT BEACH ` CODE & Water Quality Enforcement 3300 Newport Blvd. Newport Beach, CA 92663 949.844.3216 Number: Dale: Name of Owner or Business: MORNINGSIDE RECOVERY 9a 1!• - 3421 VIA OPORTO, STE 200 NEWPORT BEACH,CA,92663 2011 -0109 0.113112011 An inspection of premises located at 833 VIA LIDO SOUO 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 . "r„ISiVIOLAT,�Of{lS)ijNASSOf{�a R. Qt10TyTO' rVCI (RATTENTj8N,;0JJn���.,a's'4u 11!`AffpYOU HAVBN�T ti;. +,Y iCt) QfED;ORaiESOLVEOT ONCS - ...:.:... .. - a. Aft. � .. >. :. •. �:: NEWPORT BEACH MUNICIPAL CODE SECTION($)! DESCRIPTIONS OF VIOLATION(S) 1: MC 10.60.020H, VIOLATION OF USE PERMIT GORRECTIONIStiit E411)Tf2E�`= 1. AS REQUIRED BY CONDITION 12 OF EXHIBIT 1 TO 20NING AGREEMENT 2010 -001, MORNINGSIDE RECOVERY SHALL ENFORCE THE QUIET HOURS OF 9:00 P.M. TO 8:0D AM 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.CONTINUEO VIOLATIONS OF THIS CONDITION WILL RESULT IN FURTHER ENFORCEMENT ACTION INCLUDING ADMINISTRATIVE CITATIONS, THANK YOU THIS VIOLATION MUST BE CORRECTED ON OR BEFORE */P 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 T VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 2�2 Cosylion, Matt From: Candace Bruce jcandace @momingsiderecovery.com] Sent: Tuesday, February 01, 20116:16 PM To: Cosyllon, Matt Subject: FW: Men's Lido Attachments: Trash Day.]pg Hi Matt, Here (attached) Is a picture of our new trash cans .... the others are our neighbors. O Candace Cosylion, Matt From: Cosylion, Matt Sent:, Tuesday, February 08, 2011 12:05 PM To: 'davld @morningsiderecovery.com' Subject: FW: Supplemental Information on Administrative Citations Attachments: 4823 River Ave•Admin Citatlon.pdh, 533 Via Lido Scud Admin Cltatlon.pdh 4823 River Ave, 2- 4.11.1pg; 533 Via Lido Saud 1.31- 11.1pg; 533 a o oud(b) 1- 31- 11.jpg; 533 Via Lido Soud, 2 -6 -1 .Ipi g;af29 Rlve-Ave, 2- 6.11.pol 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 @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 Saud. 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, ��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 E 't,1 �Y p ptt 01 x tk;; NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH CODE & Water QualilyEnforcement 3300 Newport Blvd. Newport Beach, CA 92663 949 -644 -3215 Citation No: 12011 -0133A DalO: 0 210 912 011 Account No; 12011.0133 Name of Owner of Business : MORNINGSIDE RECOVERY, LLC < I'' 3421 VIA OPORTO 4200 NEWPORT BEACH, CA 92663 An inspection of premises located at 533 VIA LIDO SOLD NB in the City of Newport Beach, on 01131 /2011; revealed a violation(s) of the Newport Beach Municipal code. 1st Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS'VIOLgTION(5) WA5 9RIGINALLY BROUGHT TO YOUR ATTENTION PN - AND<1�OUHAVEyOT NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.60.020H, VIOLATION OF USE PERMIT CORRECTIONIsLAEQUIRED-= 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22600 (A) TO -STOP, PARK, OR LEAVE UNATTENDED A VEHICLE WITHIN AN INTERSECTION. 2. AS REQUIRED BY CONDITION 5 OF EXHIBIT 1 TO ZONING AGREEMENT 2010.001, MORNINGSIDE RECOVERY VAN DRIVERS SHALL RESPECT ALL CITY RULES REGARDING PARKING AND /OR STOPPING AND WAITING TO LOAD RESIDENTS. RECEIPT ACKNOWLEDGED BY OR PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION($) CLEARED AS OF DATE (DATEINSPECTED) OFFICER ID40309 27s 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 170 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 [at 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�� Cosylion, Watt From: Sent: To: Cc: Subject: .Attachments: Good evening Mr. Cosylion, Brian Burke [brian @momingsiderecovery.com) Monday, April 25, 20116:27 PM Cosylion, Matt david @momingsiderecovery.com; Jeff Yates Morningside Recovery Zoning Agreement NB533AclionNotice.pdf; N84821ActionNOtice.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 nas iderecovcry.c om Z :g I I Mornings.ide 6 9 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, �u Brian Burke Compliance Officer Morningside Recovery (949) 307 -2366 I i r B Morningside X�nv 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 1g0 Number; 12011 -0492 Date: 0 511 312 011 Nance 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 Newport Beach, on 0412112011 revealed a violation(s) of the Newport Beach Municipal cede. WARNING ONLY ( Q PREVIOUSLY ADVISED ) FINAL WARNING G11 THIS-,VIOLATION(S)!WAS ORIGINALLY-- GROUGHT T-O YOUR ATTENTION ON - , AND,YOU HAVE NOT-;- . CORRECTED OR RESOLVE0JHC VIOLATIONS)-- NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S011QUIR EID 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22502 (A) TO STOP OR PARK A VEHICLE MORE THAN 1S 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 BEFORE•, 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 SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF P.9SIG�c _ (DATE INSPECTED) OFFICER ID # 0309 121 NOTICE OF VIOLATION 1Iy;; CITY OF NEWPORT BEACH u �l Community Doveloument Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949 - 644 -3215 Number; 12011 -0492 Date: 0 511 312 011 Nance 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 Newport Beach, on 0412112011 revealed a violation(s) of the Newport Beach Municipal cede. WARNING ONLY ( Q PREVIOUSLY ADVISED ) FINAL WARNING G11 THIS-,VIOLATION(S)!WAS ORIGINALLY-- GROUGHT T-O YOUR ATTENTION ON - , AND,YOU HAVE NOT-;- . CORRECTED OR RESOLVE0JHC VIOLATIONS)-- NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S011QUIR EID 1. IT IS A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22502 (A) TO STOP OR PARK A VEHICLE MORE THAN 1S 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 BEFORE•, 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 SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF P.9SIG�c _ (DATE INSPECTED) OFFICER ID # 0309 121 Cosyijon, Matt From: Brian Burke jbrian @mornfngsiderecovery.com) Sent: Friday, May 13, 201113:35 PM To: Cosylion, Matt Subject: Violation 4: 2011.0492 Attachments: 533. Log.do c Importance: High Good afternoon Mr. Cosylion, In response to Final Warning issued on 5/13/11 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 derecovgy.com 122 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: jUntitiedL0513201116341500.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. tAs 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 o Exhlbiing Agreement 2010• 001. Condition No. 14 reads as follows, "Staff members in their private vehicles moy 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 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 1g3 NOTICE OF ADMINISTRATIVE CITATION r- E.; >:61`` �A CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division � roou•. 3300 Newport Blvd. Newport Beach, CA 92663 949. 644.3215 Cllallon No: 12011.0501A Date: 05/1612011 Name of Owner or Bus ness : MORNINGSIOE RECOVERY, LLC Account NO: 12011.0501 7421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 An Inspection of premij as located at 633 VIA LIDO SOUO NS in the City of Newport Beach, on 0 511 312 01 1 revealed a violation(s) of the Newt ort Beach Municipal code. THO. -, i LEVEL CR TioN Is NOWPENDING "AND YOU MAY BE CITED EACH DAY THE VIOLATION CONRNUES,_;,OTNER ENFO1tC. ENT ACTIO AND PENALTIES: MAY;ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CCNTINUE'TO IGNORk,%S CITATIO '? C 3rd Citation -$500 I IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH ORIGINALLY BROUGHTTO YOUR ATTENTION ON , AND YOU HAVE NOT 7ED THE VIOLATIO.N(S),. , NEWPORT BEACH MINICIPAL CODE SECTIONS) / DESCRIPTIONS OF VIOLATION(S) 1; MC 10.50.020H, VI LATION 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 FURTHER DELIVERIES OF BUSINESS PRODUCTS, SERVICES, AND GOODS RECEIPT ACKNOWLE[GED BY OR MAILED TO DATE PRINT NAME OF OFFI ER All ice ' L..L/,! (l SIGNATURE OF OFFIC ER VIOLATION(S) CLEAR D AS OF (DATE INSPECTED) OFFICER ID # 0309 124 ,n Name of Owner or An Inspection of; vlolatlon(s) of the THE_NEXTLEVet 3rd Citation - $600 Q:1 NEWPORT BEACH 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. 644.3216 Citation No: 12011 -0602A Date: 05/16/20 Account No: 12011 -0502 MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, #200 NEWPORT BEACH, CA 92663 9 located at $33 VIA LIDO SOLID NB In the City of Newport Beach, on Q511312d11 revealed a rt Beach Municipal code, ION IS NOW PENDING ANDtYOU MAYBE -CITED EACH DAY THE VIOLATION CONTINUES. OT. HER AND PENALTIES MAY!ALSD,RESULT IF- COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUEE'TO' IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH ORIGINALLY BROUGHT:TO YOUR ATTENTION ON+', AND YOU HAVE NOT IED THE VIOLATION(S)... CODE SECTION(S)1 DESCRIPTIONS OF VIOLATION(S) 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 CILITY DURING QUIET HOURS. �! /a RECEIPT ACKNOWLE GED BY OR MAILED TO _10_057� DATE PRINT NAME OF OFFICER SIGNATURE OF OFFIC ER VIOLATION(S) CLEAR 413 AS OF _.. (DATE INSPECTED) OFFICER ID # 3Q 09 2 g.� cipow., Morningside RWOYERY 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 -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 bean 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 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., watcbing 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 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 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. ig7 Re: City Letter of May 18, 2011 May 18, 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. 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 that house 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 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 122 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, l am happy to meet with you. Sincerely, BRIAN BURKE Cc: Mary Helen Beatificato, Esq. Ronald Talmo, Esq. 1 g9 19D Communication to /from City of Newport Beach & Morningside re: 4823 A & B River Avenue 191 iJ° 2 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 _.......... 77- 19 - — -41 k NOTICE OF VIOLATION CITY OF NEWPORT BEACH 40. CODE & Wator Quality Enforcement r G 3300 Newport Blvd. Newport Boach, CA 92663 949.644 -3216 Number: Date: Name of Owner or Business: MORNINGSIDE RECOVERY I` 3404 VIA LIDO #A NEWPORT BEACH,CA,92663 12010.1049 10/1512010 An inspection of premises located at 4623 RIVER AVE NS In the City of Newport Beach, on 1010512010 revealed a violpllon(s) of (he Newport Beach Municipal code. WARNING ONLY {��J PREVIOUSLY ADVISED ( 7 FINAL WARNING THIS VIOLATION (S) WM6ORIGINAULY BEiOUGHT TO YOUR ATTENTION ON , ANO YOU HAVB,N9T CORRECTED OR- RESOLVED THE VIOL -Ro - - NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF V(OL4TION(S) 1: MC 20.66.020; PARKING AND LOADING REQUIREMENTS 2: MC 20.66.040, RESIDENTIAL DISTRICT PARKING CORRECTION(S) :REQUIRED -. 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 /4)/`2//---`-0- , 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 $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATIONS) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 t9 Number: Date: Name of Ownel or Business : MORNINGSIDE RECOVERY ^ 3404 VIA LIDO SA NEWPORT BEACH,CA,92663 12010 -1049 10/2212010 An inspection of premises located at 4923 RIVER AVE NB in the. City of Newport Beach, on 1012212010 revealed a violation(s) of Ilse Newport Beach Municipal code. WARNING ONLY ( ]� PREVIOUSLY ADVISED FINAL WARNING .. ..... ...... THIS, QRIGINALLY BROUGHTTD;YQUR ATTENTION ON ,;AND YOU HAVENOT CORRECTED: OR ;RESOLVED THE VIOLiAT10N(S) ^-; NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 20.66.020, PARKING AND LOADING REQUIREMENTS 2: MC 20.66.040, RESIDENTIAL DISTRICT PARKING CORK EC7IONfS')'REQUIREo'- 1. THE GARAGE MUST BE KEPT CLEAR AND ACCESSIBLE FOR THE PARKING OF VEHICLES AT ALL TIMES. 2. PLEASE REMOVE ALL STORAGE FROM THE GARAGE AND SCHEDULE AN INSPECTION TO VERIFY THAT THE STORAGE HAS BEEN REMOVED. — THANK YOU THIS VIOLATION MUST BE CORRECTED ON OR BEFORE �Q I Z�l_- I (Q. If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($]00.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER L 7 t--m•. SIGNATURE OF OFFICER �' .�^- '1-- v-- �•��-- - - - - --- VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID /t 0315 295 NOTICE OF VIOLATION CITY OF NEWPORT BEACH : , I? CODES Water Quality Enforcement 3300 Newport Blvd. Newport Beach, CA 92663 949644 -3215 Number: Date: Name of Ownel or Business : MORNINGSIDE RECOVERY ^ 3404 VIA LIDO SA NEWPORT BEACH,CA,92663 12010 -1049 10/2212010 An inspection of premises located at 4923 RIVER AVE NB in the. City of Newport Beach, on 1012212010 revealed a violation(s) of Ilse Newport Beach Municipal code. WARNING ONLY ( ]� PREVIOUSLY ADVISED FINAL WARNING .. ..... ...... THIS, QRIGINALLY BROUGHTTD;YQUR ATTENTION ON ,;AND YOU HAVENOT CORRECTED: OR ;RESOLVED THE VIOLiAT10N(S) ^-; NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 20.66.020, PARKING AND LOADING REQUIREMENTS 2: MC 20.66.040, RESIDENTIAL DISTRICT PARKING CORK EC7IONfS')'REQUIREo'- 1. THE GARAGE MUST BE KEPT CLEAR AND ACCESSIBLE FOR THE PARKING OF VEHICLES AT ALL TIMES. 2. PLEASE REMOVE ALL STORAGE FROM THE GARAGE AND SCHEDULE AN INSPECTION TO VERIFY THAT THE STORAGE HAS BEEN REMOVED. — THANK YOU THIS VIOLATION MUST BE CORRECTED ON OR BEFORE �Q I Z�l_- I (Q. If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($]00.00, $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 L 7 t--m•. SIGNATURE OF OFFICER �' .�^- '1-- v-- �•��-- - - - - --- VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID /t 0315 295 12010.1188 1111012010 An Inspection of premises located al 4823 RIVER AVE NEI in the City of Newport Bench, on 1” 110 512 0 1 0 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 CORRECTION(S)' 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•�iA'/i3•�•C LZ . 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 N 0309 29 o NOTICE OF VIOLATION N _ \ tf CITY OF NEWPORT BEACH CODE & Water Quality Enforcement 3 3800 Newport Blvd. - '" Newport Beach, CA 92663 949. 644 -3216 Number: Date: Name of Owner or Business: MORNINGSIDE RECOVERY, LLC •.: �` 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH „CA,92663 12010.1188 1111012010 An Inspection of premises located al 4823 RIVER AVE NEI in the City of Newport Bench, on 1” 110 512 0 1 0 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 CORRECTION(S)' 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•�iA'/i3•�•C LZ . 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 $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil Injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME. OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID N 0309 29 o wp, RT y NOTICE OF VIOLATION CITY OF NEWPORT BEACH a CODE & Water Quality Enforcement �i °4�rreW@ 4J o% 3300 Newport Blvd. - Newport Beach, CA 92663 949. 644 -3216 Number. Date: Name of Owner or Business: MORNINGSIDE RECOVERY 3421 VIA OPORTO, STE 200 NEWPORT BEACH,CA,92663 12011-0116 01/31/2011 An Inspectlon of premises located at 4823 RIVER AVE NB In the City of Newport Beach, on 01126/2011 revealed a viotallon(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING + itlj$`: I�lgla?IDN{ s): wA...@ oR_( oj� %1.i�LYaRbU,�iir. "Tp;YdUJiiijti' TAN', f70t�i01iu ?e:? °- �''� "_;ANDYbUHAV�:TJCT` ,: ; >''r-�; NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 6,04.060, GARBAGE AND REFUSE CONTAINER REQUIREMENTS 2: MC 10.50.020H, VIOLATION OF USE PERMIT GpRf3ECT WS).REQUIRE>:: 11. 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 BE CORRECTED ON OR BEFOR 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 $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil Injunction may be utllized'to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTIONS) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATIONS) CLEARED AS OF (DATE INSPECTED) OFFICER ID# 0309 ?9/ t it Nome Of Owrior or Business NOTICE vF ADMINISTRATIVE CITA r ION CITY OF NEWPORT BEACH CODE & Wator Quality. Enforcement 3300 Newport Blvd. Newport Beach, CA 92663 949 -644 -3215 MORNINGSIDE RECOVERY, LLC 3,121 VIA OPORTO 9200 NEWPORT BEACH, CA 92663 Citation No: 12011 -0133A Dale: 0210712011 Account No: 12011.0138 An iospec ;ion of piemises located a(4823 RIVER AVE NB in Ole City of Newport Beach, on 02!0412011 rovealed a viciation(s) of the Neviporl Poach Municipal code. 1st Citation -5100 IS NOW DUB AND PAYABLE TO CITY OF NEWPORT BEACH THIS _VIOLATION($) WAS QRIGRIALLY [3R_.QUGHT TO YOUR ATTENTION ON �ANP YOU HAVE'N07r NEVIPORT BEACH NIUNICIPAL CODE SECTION(S) t DESCRIPTIONS OF VICLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTION(S)�REQU1REbi: 1. IT 15 A VIOLATION OF CALIFORNIA VEHICLE CODE SECTION 22500 (F) TO STOP, PARK, OR LEAVE UNATTENDED A VEHICLE ON ANY PORTION 01: A SIDEWALK, 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, 7f RECEIPT ACKNOWI.EDGEO BY OR MAII.ED T - ( DATE PRINT NAME OF OFFICER 51GNATURE OF OFFICER VIOLATION(S) Ct.EARt30 AS OF J (DATE INSPECTED) OFFICER ID 1: 0309 4192 Newport Beach - Parking W- 137167276 Sun 02/06/2011 Printed 2/7/20113:14 PM IIIOOq�llllll 1�81��1�1Q CITATION: W- 137157276 TIYe Oe01 16131 BUN 02/06/2011 OMW Ne Ofrka m OTT 1362 ARNtY RD O NOPO 16 O LOMUM m 48U MM AVE u1 M Vlolnuon c Yp1: 22500P CVC PARKING ON MOEWALK PENALTY: $63.00 .0 M1 tV TOTAL PENALTY: r- Ln $53,00 a Vehicle r Lkm No. swe Em 1^ SMKK072 CA 06111 � YIN COW 1070 ({an 4 dgfh) GREY PNke 81 sNlO >C FORD VAN Remarks 604a PHOTO TAKEN RAOIO CALL 29� Newport Beach - Parking W- 137157275 Sun 02/06/2011 Printed 2!7/2011 3:14 PM :oo WATION: W- 137157275 Um Data 16r30 SUN 02/06/2011 omm flame Offim ID OTT 1367. AWW AD O N8P0 l6 p " 4837 AIM AVE Ln 0 Violation o vro11 22500F CVC FMIQNG ON SIOHYALX POMTY: t63M m F N TOTAL PEDITY: M1 . $53.00 .a VahlGla Ilomsa No. 51xte em M m AE2EOU M0 01/12 VIN cob? 3 9739 (Imt 4 QljAfi) OREN M*G 8416 Strk = FORD 408 f Remarks BM% PHOTO TAM :oo Cosvlion. Matt From: Cosyiion, 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 Soud Admin Citatlon.pdf; 4823 River Ave, 2.4- 11.jpg; 533 Via Lido Soud 1.31- 11.jpg; 533 Vie Lido Soud(b) 1 -31 -1 t.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. Thank you. Matt 644 -3217 From: Cosyilon, 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. SEWf080) was parked partially blocking the Intersection of Via Nice at approximately 1:50 p.m. on January 31, 2011. FViclation 2- 4823 River Ave. Vehicle( Plate No. SMKK072) 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, 201 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 202 y 551 r/ NOTICE OF VIOLATION CITY OF NEWPORT BEACH r , s Community Development Department Code Enforcement Division • 3300 Newport Blvd, Newport Beach, CA 92663 949.644 -3215 Number: 12D11 -0211 Dale: 03/1012011 Name of Owner or Business: MORNINGSIDE RECOVERY 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 0 311 01201 1 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING NEWPORT BEACH MUNICIPAL CODE SECTION(S)/ DESCRIPTIONS OF VIOLATIONS) 1: MC 6.04.090, GARBAGE AND REFUSE CONTAINER REQUIREMENTS 2: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONISI REQUIRED 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 BEFORET/J//%J, 1iT/�1t / � 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 /' '� ✓/ CaSYL Tj� SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 20S Cosylion, Matt From: Cosylion, Matt Sent: Monday, April 11, 20115:28 PM To: 'Candace Bruce' Attachments: IMG00180- 20110403- 1726.jpg; Candace, I MG00179- 20110403- 1725.j pg Last week I received a complaint of a Dodge Truck (Plate N7U27951) 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 204 NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH '.�<< },�;;:w,• -:? � Community Development Denarlmant Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949.644.3215 Citation No 12011 -0353A Date: 0411312011 Account Nn: 120110353 Name of Owner or Business: MORNINGSIDE RECOVERY 3421VIA OPORTO, SUITE4200 NEWPORT BEACH, CA 92063 An inspection of premises located at 4823 RIVER AVE NB in the City of Nevrpod Beach, on 0411212011 tovouled a violat on(s) of the Newport Beach Municipal code. - - - THE NEXT LEVEL;CITATION IS.NOW,PENDING °ANP'.YOU -MAY BE CITED EACH DAYTHE:IVIOLATIbWtONTINUES ;,OTHER ENFORCEMENT ACTION: AND PENALTIES MAY AUSO.R IGNORE.THIS CITATION. ESOLT,IF QOMPLIANCE'IS NOT AOHIEVED Oft �F YOU CONTINUE�TO: ;..._r. , .:.';z ✓,:.,:. , ,,;, iatcnauen -S100 IS NOW DUE AND PAYABLE TO CITY Or NEWPORT BEACH THIS VIOLATIONS) WAS ORIGINALLY BROOGHT,TO YOUR ATTENTION ON. ..;'AND YOU NAVEiN07 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) REQUI R ED 1. AS REQUIRED BY CONDITION NO.7 (EXHIBIT i) OF DEVELOPMENT 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. ../� y� 2 RECEIPT ACKNOWLEDGED BYORMAILED <.- .,...��i ^�— ATE! /�✓ �u G - -- PRINT NAA1i OF OFFICER � l SIGNATURE OF OFFICER VIOLAIION(S) CLEARED AS OF . - ,,. -_. _ (DATE INSPECTED) OFFICER ID If 0309 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 4823 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 Malt 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 01fice Ilox 1768 - Newport Beach, California 92658.8915 Telephone: (949) 644 -3215 Fn-x: (949) 718 -1810 • www.newporlbeachea.gov 200 Cosyllon, Matt From: Cosylion, Matt Sent: Thursday, April 14, 2011 12:12 PM To: 'david @momingsiderecovery.com' Attachments: 4823 River Ave -City planter.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 falling 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 20 j 3421 VIA OPORTO, STE 11200 NEWPORT BEACH,CA.92GG3 12011.0363 0112012011 An inspection of premises located at 4923 RIVER AVE NB m the Cdy of Newport Beach, on 041141'1.011 rnvealed a violation(s) of the Nmpcat Beach Municipal code. WARNING ONLY (� PREVIOUSLY ADVISED r FINAL WARNING T#iIS.VIOIATION(S)WAS; ORIGINALLY. BROUGHT ,T.O.YOUR:ATT&t4ltQN.ON' - AND' YOU 'CECTSO'gR RESOLVED THE VIOL'ATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S)1 OESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONIS)- REQUIRED - 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 ANWOR 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 ' •' %',' > %1= i,' %rl `. 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 5500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utifited 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. 7 PRINT NAME. OL 01:1 -ICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS 01: (DATE INSPECTED) OFFICER ID if 0309 202 NOTICE OF VIOLATION `N CITY OF NEWPORT BEACH Comnuul(ty Development Department Code Enforcemont Division 3300 Newport Blvd. Nowport Beach, CA 92663 949. 644.3215 Number. Date: Nnnte of Ownet or Business MORNINGSIDE RECOVERY. LLC 3421 VIA OPORTO, STE 11200 NEWPORT BEACH,CA.92GG3 12011.0363 0112012011 An inspection of premises located at 4923 RIVER AVE NB m the Cdy of Newport Beach, on 041141'1.011 rnvealed a violation(s) of the Nmpcat Beach Municipal code. WARNING ONLY (� PREVIOUSLY ADVISED r FINAL WARNING T#iIS.VIOIATION(S)WAS; ORIGINALLY. BROUGHT ,T.O.YOUR:ATT&t4ltQN.ON' - AND' YOU 'CECTSO'gR RESOLVED THE VIOL'ATION(S) NEWPORT BEACH MUNICIPAL CODE SECTION(S)1 OESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIONIS)- REQUIRED - 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 ANWOR 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 ' •' %',' > %1= i,' %rl `. 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 5500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utifited 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. 7 PRINT NAME. OL 01:1 -ICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS 01: (DATE INSPECTED) OFFICER ID if 0309 202 Cosylion, Matt From: Brian Burke lbrian @Morningsiderecovery.com] Sent: Wednesday, April 20, 20114:65 PM To: Cosylion, Matt Cc: davld @morningsiderecovery.com; Jeff Yates Subject: RE: Morningside Recovery - Zoning Agreement - Compliance Attachments: NB. Balcony. Parking. Smoke.Notice.docx Good afternoon Mr. Cosylion, 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 2 (?9 P4s Morningside April 20, 2011 To: All 4821 & 4623 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: 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 i (949) 307 -2366 210 i i i 1 9 G&W- I Morningside IFYA W 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 FA X11 -r•. NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH . Community Development Department ` Code Enforcement Division >c�tiviiu�� 3300 Newport Blvd. Newport Beach, CA 92663 949. 644.3216 Citation No, 12011.0409A Date: 2612011 AccounlNo: 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.NE7(T LEVEL CITATIOWJS.NOW PENDING AND YOU NAY. BE CITED:FACH:DAXTHE. VIOLATION, CONTINUES {.:OT14ER ... .. ENFORCEMENT ACTION AND PENALTIES:MAY ALSO RESULTrIFOOMP,LIANCE;IS.ROT ACHIEVED�OR:IF'Y000O,Ni1NUET0 IGNORE THIS CITATION. - z • . tat Citation -$100 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR-ATTENTION ON :' .:' >- , AND YOU HAVE NOT- - CORRECTED OR RESOLVED. THE`VIOLATION(9) . - .. ... - . NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: 20.40,090C LOCATION OF PARKING CORRECTIONISI REQUIRED - 1. PARKING OF VEHICLES IS ALLOWED ONLY IN PERMANENT PARKING AREAS AND ON DRIVEWAYS LEADING TO ALLOWED PARKING AREAS. UNDER NO CIRCUMSTANCES SHALL LANDSCAPED AREAS OR HARDSCAPED AREAS IN FRONT YARDS, OTHER THAN DRIVEWAYS, BE USED FOR PARKING. RECEIPT ACKNOWLEDGED BY OR MAILED TO /^ ✓ DATE L aZ+ PRINT NAME OF OFFICER MI%I7 i t"? SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 212 �,nlojr:, NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH Community Development Department Codc Enforcement Division -- 3300 Newport Blvd. Newport Beach, CA 82663 -940- 644.3715 Citation No: 12011 -0418A Date: 0412012011 812011 Account No: 12011.0418 Name of Owner or Business . MORNINGSIDE RECOVERY, LLC ' 3421 VIA OPORTO #200 NEWPORT BEACH, CA 02663 Air inspection of pfemises located at 4823 RIVER AVE NB in the City of Newport Beach, on 0410412011 revealed a violation(s) of the Newport Beach Municipal code. THE NEXT-LEVEL CITATIONAS NOW'PgNDING.AND YOU.MAY'DE. CITED EACH DAY THC VIOLATIOWCONTINUE$ OTI;I ENFORCEMENT -ACTION MAY ALSO;RESULT IF;COMPLIANCE.IS NOT ACHICVED OR IF;YQU CONTINUE'` IGNORE THIS CITATION, .... .. .. 2nd Citation .$200 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATIONS) WAS ORIGINALLY BROUGHT:TO YOUR ATTERTION ON.._,_ -AND YOU;HAVENOTc 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 CORRECTICIN($1 RE?�f11RED`: is 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 BYORMAILEDTO PRINT Nnvne Of: orrlcct ...% r .0 S ZG 'f _- _._... ._.._ . ... ............... SIGNATURE OF OFFICER VIOLATION(S) CLrARED AS OF __... (DATE IN SPEC'i'li'D} DATE OFFICER ID It 0009 213 Cosylion, Matt From: Cosyllon, Matt Sent: Tuesday, May 03, 20113:43 PM To: 'Brian Burke' Subject: Administrative Citation photos Attachments: IMG3191.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 214 Communication to /from City of Newport Beach & Morningside re: 29 Ima Loa Court 215 210 M � .: . *: PLANNING DEPARTMENT November 2, 2010 Momingside Recovery, LLC 3421 Via Oporto, Suite 200 Newport Beach, CA 92663 Dear Ms. Brace, 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 ( °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 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. 83QO Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949).644 -3200 • Fax: (949) 644. 3229.• www.clty.newport- beach.ca.us 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 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. . Sincerely¢ /%' Matt Cosylton Senior Code Enforcement Officer cc: Dave Kiff, City Manager David Hunt, City Attorney James Campbell, Acting Planning Director 212 -_ krd NOTICE OF VIOLATION rio�a i CITY OF NEWPORT BEACH H CODE &Water Quality Enforcement 3300 Newport Blvd. '--= Newport Beach, CA 92663 94944 -3215 Number: 12010.1142 Date: 1110 212 01 0 Name ofOvrneror Bus lness: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 An inspection of premises located at 29 IMA LOA CT NS in the City of Newport Beach, on 11102/2010 revealed a violation(s) of the Newport Beach Municipal.code. WARNING ONLY (�O PREVIOUSLY ADVISED ( ) FINAL WARNING) THIS VIO-LAT14N(S) WAS,ORIGINALLY.OR000HTTO YQURATTENTION ON "': ,SAND YOU MAVC0 T CORRECTED ;9RRESOCVED:THEVIOLATION(Sj -- NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORREeTIONi4 REQUIF2ED:- 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 I i / O . 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 $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and/or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER Y' //tTf r CaSYI`h SIGNATURE OF OFFICER VIOLATION($) CLEARED AS OF (DATE INSPECTED) OFFICER ID 8 0309 29 Cosylion, Matt From: Sent: To: Cc: Attachments: Good Afternoon Candace, Cosyiion, Matt Wednesday, November 10, 2010 3:32 PM 'Candace Bruce' Wolcott, Cathy; Rower, 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 PlannirlIg Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 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 Cos�lioff` Senior Code Enforcement Officer cc: David Hunt, City Attorney James Campbell, Acting Planning Director 3300 Nuwporl 1`lrnilcvard • Post. Of co l3ox 1768 • Newport Beach. California 92658:4391 Tck:phrn)i:: (00)1 f544 -3200 • Fax: !'1491 G4:I;3'229 wr: w.rii:y.nr.«'porl.brnclt.cu.i�s ��2 Cosylion, Hiatt From: Cosylion, Matt Sent: Tuesday, November 23, 2010 4:56 PM To: 'Candace Bruce' Cc: Wolcott, Cathy Subject: 29 Into 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 (candace @momingslderecovery.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@newportbeacltca.rov> wrote: Candace, The City has received complaints regarding secondhand smoke from Momingside 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 Momingside 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 Cosylion, Matt From: Cosyllon, Matt Sent: Wednesday, March 30, 20112:35 PM To: 'Candace Bruce' Subject: ima 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 Cosyllon Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 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 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 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 Gt., 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 Lode Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 3 22� t I Ii I I I 9 . 49100.- Mornhigside April 19, 2011 To: All 29 lma 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 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 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 2030- 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 djacent 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 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 # 200 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 ( "ZA") 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 Malt Cosylion Code Enforcement Supervisor 000 'Newport Boutcvard • 110sl Olhco Hox 1768 . Newport beach, Calffornln 92658 -89151 Telephone: (949) 64-1-32 15 Fax: (949) 718. 18.10 • w wv.nrwpnrtbcachra . l oe 2:q 230 Communication to /from City of Newport Beach & Morningside re: 100 -102 Via Antibes, 208 Via Lido Soud 2S I 2S2 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 N,�.vport Boulevard • Post Office Box 17(33 Nawport Beach. California 92658.891;) TvIephonc: (s)49) 644 -3200 - Fax: (919) 644 03229 . www.ci(Y.newport: boac.h.ca.its 2ss 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 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 2S4 ' NOTICE OF VIOLATION k CITY OF NEWPORT BEACH U 7��sr CODE & Water Quality Enforcement tit � rSa" ,t3' a °r,r'0 . 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 11/02/2010 An inspection of premises located at 102 VIA ANTIBES NB in the City of Newport Beach, on 11102!2010 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY �O PREVIOUSLY ADVISED FINAL WARNING NA THIS viOLATION(5} WA6 ORI8INALLY Bt20UGHT 7pyQUR ATTENTION ON AND YOU HAVE NOT - -3 CORRECTED 6RRE6pLVE0 =THE NEWPORT BEACH MUNICIPAL CODE SECTION(S)! DESCRIPTIONS OF VIOLATIONS) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRECTIpN(Sj REQUIRED -e 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 I/ /0 . 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 / r ,,i% 695>44 -f "'5`0' SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 23I5 Cosylion, Matt From: . Sent: To: Subject: Attachments: Good Afternoon Mr. Burke;. Cosylion, Matt Friday, May 13, 20114:45 PM 'Brian Burke' Quarterly Compliance Inspection and 533 Via Lido Soud (Untitiedj O513201116341500.pdf 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 I 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 $33 Via Lido Soud after 5:00 p.m., which if found to be true would be in violation of Operational Condition No. 14 of Exhibit No. 1, Zoning Agreement 2010- 001. Condition No. A reads as follows, "Staff members in their private. vehicles may deliver business products and other packages and goods to the facility during weekdays between the hours of 9:00 a.m. to 5:00 p.m." At this time, the City Is not making any determinations regarding the complaints. The City is merely bringing these complaints to your attention and seeking your cooperation in resolving them, Finally, I have attached a copy of a letter that i am sending to you regarding the complaints of secondhand smoke from 29 1ma Loa Ct. Based on the test we conducted on May 5, it appears that secondhand smoke can be detected from adjacent properties. Per our discussion today, Morningside Recovery has changed the smoking policy for 29 Ima Loa Ct. Can you forward to me a copy of the memo that addresses the change in policy so that I can add it to the City's file. Thanks for all your help in addressing these concerns. Sincerely, Matt Cosylion Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 2S.0 e��LLtuir NOTICE OF ADMINISTRATIVE CITATION a` w r_ Vin? CITY OF NEWPORT BEACH Community Development Department Code Enforcement Division 3300 Newport Blvd. Newport Beach, CA 92663 949- 644 -3215 Citation No: 12011 -0503A Date: 05/16/2011 Account No: 12011 -0503 Name of Owner or Business: MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE #200 NEWPORT BEACH, CA 92663 An inspection of preml$es located at 100 VIA ANTIBES NS in the City of Newport Beach, on 05/1312011 revealed a violation(s) of the Newport Beach Municipal code. THE : NEXT LEVEL.CIT ATION IS NOW PENDING AND YOU MAY BE. CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACT(0N AND PENALTIES ;MAY ALSO: RESULT IF COMPLIANCE IS NOT ACHIEVED OR JF;YOU CONTINUE TO' IGNORE THIS CITATION 3rd Citation -5500 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH i THI$_YIOLATION(S) WA'S ORIGINALLY BROUGHT TO.YOUR ATTENTION ON _; AND YOU HAVE NOT CORRECTED OR RESOLVED THE VI.OLATION(S)- ., t NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT 1. AS REQUIRED BY OPERATIONAL CONDITION NO. 12 OF EXHIBIT 1 OF ZONING AGREEMENT NO. 2010 -001, OPERATOR SHALL ENFORCE THE QUIET HOURS OF 9:00 P.M. TO 8:00 A.M. DAILY TO ITS PATIENTS, CLIENTS AND CUSTOMERS OCCUPYING BEDS IN ITS FACILITY. QUIET MEANS NOISE; INCLUDING MUSIC, TELEVISIONS, AND VOICES, IS NOT AUDIBLE 13EYONO THE PERIMETER OF THE FACILITY EXCEPT IN A DEMONSTRABLE EMERGENCY. 2. PLEASE REMIND ALL STAFF AND RESIDENTS OF 100 -102 VIA ANTIBES AND 208 VIA LIDO SOLID THAT ALL CONVERSATIONS AND ACTIVITIES AT THE FACILITY SHOULD NOT BE AUDIBLE BEYOND THE PERIMETER OF THE FACILITY DURING QUIET HOURS. RECEIPT ACKNOWLEDGED BY OR MAILED TO DATE PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION($) CLEARED AS OF _ (DArE. INSPECTED) OFFICER ID # 0309 2S7 Lipm., Morningside xscovaav 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 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 tine. 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 night when you heard what you 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. 2sq Re: City Letter of May 18, 2011 May 18, 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. 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 that house 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 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, BRIAN BURKE Cc: Mary Helen Beatificato, Esq. Ronald Talmo, Esq. 241 I i 242 Communication to /from City of Newport Beach & Morningside re: General Operational Condition matters 243 244 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 ( '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. 87 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 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3200 • Fax: (949) 644 -3229 • www.city.newport- beach.eams 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 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)6443200. 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 then 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 �ygtt )+okt NOTICE OF VIOLATION CITY OF NEWPORT BEACH CODE S Water Quality Enforcement �� °<.r� »•uxa`. 3300 Newport Blvd. `- "'- Newport Beach, CA 92663, 949 -644 -3215 Number: 12010 -1140 Dale: 1110212010 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 11/02/2010 revealed a violalion(s) of the Newport Beach Municipal code. WARNING ONLY [� PREVIOUSLY ADVISED [ FINAL WARNING �{] THIS VIOLAT(ONS) WAS ORIOINALLYeBI3000H7 TOY,OUR•ATTENTION ON 'LAND YOU -HAVE NOT CORRECTED OR RESOLVED THE vi ATIONiS) NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CO RRECTI ON(S)`REQUI R ED 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 (1 S / e . If the violation is not corrected by the date specified, all ADMINISTRATIVE CITATION may be issued and penalties will begin to accrue ($100.00, $200.00, AND $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE, IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF _ (DATE INSPECTED) OFFICER ID 4 0300 �e�vrok 04 ro NOTICE OF VIOLATION CITY OF NEWPORT BEACH y CODE & Water Quality Enforcement �r c''&rronN`O 3300 Newport Blvd, Newport Beach, CA 92663 949. 644.3216 Number: Dale: Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 12010.1138 11/021201 An Inspection of promises located at 3404 MA LIDO N13 in the City of Newport Beach, on 101 12010 revealed a vtotaton(s) of the Newport Beach Municipal code. WARNING ONLY PREVIOUSLY ADVISE ] FINAL WARNING [N NEWPORT BEACH MUNICIPAL CODE SECTION(S) I DESCRIPTIONS OF VIOLATION($) 1: MC 10.50.020H, VIOLATION OF USE PERMIT CORRE&TIG Sl`�2EOr1JIM64 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 LOADfUNLOAD 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 1 / Sho . 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 $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTIONS) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY Be ISSUED AND FEES WILL BEGIN TO ACCRUE, PRINT NAME OF OFFICER /iw-- SIGNATURE OF OFFICER VIOLATIONS) CLEARED AS OF (DATE INSPECTED) OFFICER ID # 0309 iq t�ti,v nr�kT`� NOTICE OF VIOLATION \• CITY OF NEWPORT BEACH lt•, ;i.; CODE & Water Quality Enforcement `�'r'•r}•ua "`= ..- :::..; 3300 Newport Blvd, -' . • Newport Beach, CA 02663 949.644.3215 Number: Date: Name of Owner or Business: MORNINGSIDE RECOVERY,.LLC 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 12010 -1139 11/02/2010 An inspection of premises located at 3404 VIA LIDO NB in the City of Newport Beach, on 10/21/2010 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY bCt PREVIOUSLY ADVISED j FINAL WARNING PCj THIS VIOLAT16Rjd), WAS ORIGINALLY BROUGHT TO:YOUR'A 7' ELATION 9N ' AND Y0UHAVE NOT CORRECTED tiR- RESOLVED TNE.VIOCATlONtS) ';.. ": .. `.. NEWPORT BEACH MUNICIPAL CODE SECTION($) J DESCRIPTIONS OF VIOLATION(S) 1: MC 10.50.020H, VIOLATION OF USE PERMIT G OR RE CT 10 NSS� � t2E QU I R �-= 1. CONDITION N0,13 OF ZONING AGREEMENT NO. DA2010 -001 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 THAT ALL MORNINGSIDE RECOVERY VAN DRIVERS ADHERE TO THE ROUTE PLANS IN EXHIBITS. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE ills /8 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 $500.00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may be utilized to correct this violation(s). A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE. IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION MAY BE ISSUED AND FEES WILL BEGIN TO ACCRUE. PRINT NAME OF OFFICER SIGNATURE OF OFFICER VIOLATION(S) CLEARED AS OF (DATE INSPECTED). OFFICER ID 1$ 0309 Number. 12010.1161 Date: 1110612010 Name of Owner or Business: MORNINGSiDE RECOVERY 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 An inspection of premises located at 3404 VIA LIDO NS in (lie City of Newport Beach, on 1110812010 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY j•�) PREVIOUSLY ADVISED ) FINAL WARNING [ j) THIS VIOLATION(6) WAS ORIGINALLY;BRQUGHTTO -YdUit X#EfaTIONON ,.AND YOU NAVE NOT `. CORRECTED OR RESOLVED THEVIOLATION(9) NEWPORT BEACH MUNICIPAL CODE SECTION(S) /DESCRIPTIONS OF VIOLATION(S) 1: MC 1.016.050, USE OF THE OFFICIAL SEAL CORRECTIOWSIiREQUIRED . 1. NEWPORT BEACH. MUNICIPAL CODE SECTION 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 ENFORCEMENT DIVISION WHEN THE CITY SEAL HAS BEEN REMOVED. THANKS. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE Z !ZlY 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 2150 NOTICE OF VIOLATION CITY OF NEWPORT BEACH �: " ��wwaamm,,••p� � CODE &Water Quality Enforcement 3300 Newport. Blvd. -• Newport Beach, CA 92663 949.6443215 Number. 12010.1161 Date: 1110612010 Name of Owner or Business: MORNINGSiDE RECOVERY 3421 VIA OPORTO, SUITE 200 NEWPORT BEACH,CA,92663 An inspection of premises located at 3404 VIA LIDO NS in (lie City of Newport Beach, on 1110812010 revealed a violation(s) of the Newport Beach Municipal code. WARNING ONLY j•�) PREVIOUSLY ADVISED ) FINAL WARNING [ j) THIS VIOLATION(6) WAS ORIGINALLY;BRQUGHTTO -YdUit X#EfaTIONON ,.AND YOU NAVE NOT `. CORRECTED OR RESOLVED THEVIOLATION(9) NEWPORT BEACH MUNICIPAL CODE SECTION(S) /DESCRIPTIONS OF VIOLATION(S) 1: MC 1.016.050, USE OF THE OFFICIAL SEAL CORRECTIOWSIiREQUIRED . 1. NEWPORT BEACH. MUNICIPAL CODE SECTION 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 ENFORCEMENT DIVISION WHEN THE CITY SEAL HAS BEEN REMOVED. THANKS. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE Z !ZlY 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 2150 Cosylion, Matt From: Candace Bruce [candace @momingsiderecovery.comj Sent: Monday, November 08, 201012:08 PM To: Cosylion, Matt Cc: Kiff, Dave Subject: NPB Seal on MSR Website That seal is off of our website. If you go to view and have in the past you may need to refresh the page. 2,51 Cosylion, Matt 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 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 taikingon 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 t` 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 2�3 Cosylion, Matt From: Candace Bruce (candace@morningsiderecovery.com] 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 :MCbsylionCalnewoortbeachca.covl 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 Cif y��tYN9kr� NOTICE OF VIOLATION CITY OF NEWPORT BEACH Community Development Dopartmont Code Enforcemont Division 3300 Newport Blvd. Newpdrt Boach, CA 92663 949644.3215 Numbou 12611 -0350 Dale, 0411472011 Name of Owner or Business : MORNINGSIDE RECOVERY, LLC 3421 VIA OPORTO, SUITE 1!200 NEWPORT BEACH,CA,92663 An inspection of premise.^, located at 3421 VIA OPORTO NB in the City of Newport Beach, on 0 411 312 011 revealed a violation(s) of the Newport Beach Municipal code. '----------------•— ..............._....--........................_.............-._----_._-.-- --- _.............- --- -------------- ...... WARNING ONLY PREVIOUSLY ADVISED FINAL WARNING NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S) is MC 10.50.020H, VIOLATION OF USE PERMIT C0RRECTION(SyREQUIREfJ -; 1. AS REQUIRED BY DEVELOPMENT AGREEMENT 2010.001 (EXHIBIT A, SECTION MINI), 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 31,20`11 HAS NOT BEEN SUBMITTED TO THE CITY. 3.PLEASE SUBMIT A COMPLIANCE REVIEW REPORT TO THE CITY BY APRIL 19. 2011. THIS VIOLATION MUST BE CORRECTED ON OR BEFORE q>'9 I If (lie 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 $500,00) each day. Additional enforcement actions such as administrative abatement, civil penalties, prosecution and /or civil injunction may he 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 /Os SKINIATURE OF OFFICER..-----------.._.__..._-- VIOLATION(S) CLEARED AS OF (DATE INSPECTED) OFFICER ID d 0309 �J�S Cosylion, Matt From: Cosyllon, 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: Cosyllon, Matt Sent: Thursday, April 14, 201112:12 PM To: 'david @morningsiderecovery.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. 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 falling 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 Cosyllon Code Enforcement Supervisor Community Development Department 3300 Newport Blvd. Newport Beach, Ca 92663 ph.(949) 644 -3217 fax.(949) 718 -1840 2150 City Council Attachment I Morningside Compliance Review Report (9 -28 -10 to 12- 31 -10) 25 252 Exhibit 3 Morningside Recovery Quarterly Compliance Review Report Date Report Submitted: December 31, 201 This form covers the 3 -month period of September 2g, 2010 through December 31.2010. During the above period, Morningside 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 Saud 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: kylena,morninesiderecovm'y.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, Momingside Recovery no longer has access to this property; 'Q09- 0011)- Zoning.9greement— Morningside — &A 3— .Quarterly Compliance Report- 10 -08 -04 2�9 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- 0011) - 7oning Agreement— Momingside —Bxk 3— Olmrlerly Compliance Report- 10 -08 -04 200 City Council Attachment J Morningside Compliance Review Report (1 -1 -11 to 3- 31 -11) 201 202 Morningside Recovery Quarterly Compliance Review Report Date Report Submitted: App -1121, 2011 This form covers the 3 -month period of January 1, 2011 through March 31, 2011. During the above period, Morningside Recovery managed or controlled the following facilities in Newport Beach: Location Peninsula Zone? Peninsula Clients & Client Beds Cff- 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 Ima Loa Court N X 6 N 5. Via Antibes 100 Y 4 X N 102 Y 5 X N 208 Lido Soud Y 2 X N Total: 1 26 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 (a)morningsiderecovery.com, phone #: (949) 307 -2366) 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: April 11, 2011 MORNINGSIDE RECOVERY, LLC Brian Burke, Compliance Officer (109- 0011J- Zoning Agreement — Aforntngslde —W. 3— QunrlerlyComplinnce Report -04111111 203 204 City Council Attachment K Code Enforcement Inspection Reports 205 200 February 15, 2010 CODE AND WATER QUALITY ENFORCEMENT DIVISION MEMORANDUM TO: File FROM- Matt Cosylion, Senior Code &_WQ Enforcement Officer SUBJECT: Morningside Recovery Facilities — Zoning Agreement Compliance Inspection & Parolee Check Compliance Inspection On January 27,.2011, Code Enforcement Officer (CEO) CaW. Palmer and I inspected the Momingside Recovery:( "MSR "). facilities located at 533 Via Lido Soud and 29 Ima Loa Court: 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. DA20,10 -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 3151, June 30th, September W, and December 31St 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 IiPnge 207 Bed Counts: Downstairs 0.: . ..0 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.move 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 lo line of the property, in violation of Condition No. 7 of the ZA. In response to 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 2hage 202 parking to the greatest extent possible. ,it shoul&be noted that certain MSR, vehicles do not fit in the garage and must be parked on the street. Client Transportf 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 a 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 and /or stopping. Quiet Hours: Condition No. 12 of the ZA requires.that the MSR enforce the.Quiet Hours.of 9:00 p.m. to &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:foilowing 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 )ma Loa Court This location is an unlicensed, male only sober living home. House Manager: Gene Miller 31P<iec 26°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 welkmaintained. 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:Mil.ler, 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(6). 41 Page 270 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 271 Exhibit 3 Morningside Recovery Quarterly Compliance Review Report. Data 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 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:Rlver Avenue - Y 5 n/a N 3. 4823 -6 River Avenue Y 6 n/a N 4. 29Ima 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.Momingside 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 Momingside Staff.Member to join the City in any inspection.of the above facilities shall be: Kyle Marcotte (e- mail ::kyleAmorningsiderecoverv.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 Morningside.Recovery no longer has access to this property; ...__- ...._. -_.Y- [109- 00]1J- Zoning Agreement— Momfngaide —Fsh. 3— Qwlerly Compltomx Repml -10 -08.04 2:�L2 • The property at 112B 39" Street was surrendered on November 30, 2010 Momingsid . 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 Califomia, in my personal capacity and on behalf of Morningside Recovery, LLC that Moraingside Recovery has met all Operational Conditions as described m Exhibit #1 to the Zoning Agreement during the above Compliance Review Period. Dated: December 3l, 2010 MORNINOSIDE RECOVERY, LLC By: od E e, f xeeuti ve Officer i I [109- 001/J-' LaningAgreemeN— Mommgside- Gd,.B— Oyar(eriy Comp/lnnee Report- lO -OB-DO ' i 27S Morningsde i s sier L January 27, 2011 To: Ali'Lldo Soud Residents From, Kyle Marcotte Please note that the use of the balconies and the Docks at 533 Lido Soud Plewport Beach, CA 82663 will be unavailable from the hours of 9pm through $am. At no time are residents permitted on the balconies between these tires. Thank you in advance for your cooperation and understanding. Cordially, Kyle, Marcotte Operations Director Morningside Recovery 2:�L4 CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT CODE ENFORCEMENT DIVISION NEWPORT BEACH, CA 92658 -8915 (949) 644 -3217 Memorandum To: File From: Matt Cosylion, Code Enforcement Supervisor -MC_ Date: May 1.3, 2011 Re: Morningside Recovery Facilities = Zoning Agreement Compliance Inspection Compliance Inspection On May 5, 2011, 1 inspected. the Morririgside 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 ;of =the 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 31st, June 301', September 30", and December 3151 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. 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. I11'ng; 27s House Manager. Gene Miller Bed Count., Downstairs Bedroom i; 2 beds U stairs Bedroom 1: staff Bedroom 2: 1 bed 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 6.04A50(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. 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- Ima-L -oa Ct:-and-requested their `permission to "stand or-i Fhe lowef, rear balcony to monitor for secondhand smoke. After approximately 5 minutes, 1 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(6). 21Pugc 270 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. 106 -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 6.04.090 and 6.04.150. Secondhand smokelCigarettes: 31 P -3 , 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(B).: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 Downstairs No Bedrooms Upstairs Bedroom 1: staff Bedroom 2: 1 bed Bedroom 3: 2 beds Bedroom 4: 1 bed 41P-., 272 ........ Masfer Bedroom: 2 Beds Facility Totals: 6 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 contair%rs for the facility were stored in compliance with. the requirements of NBMC sections 6.04.090 and 6:04..150. Secondhand smoke /Cigarettes 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 for this 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. 51p-aoe 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 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:ih the street, alley, sidewalks or gutters near the facilities. Attachments: Compliance Review Report, dated April 21, 2011 533 Via Lino Soud- Good Neighbor Policy 29 Ima Loa Court- Smoking Policy 61 Pa go 220 I I Morningside Recovery Quarterly Compliance Review Report Date Report Submitted: Anrll 21.2011 'Phis form covers the 3 -month period of,larurary 1, 2011 through Alareh 31, 2011, During the above period, Morningside Recovery managed or controlled the following facilities in Morn.lnp11 Recover Facilities Location Peninsula Zone ?_ Periinsula 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. 13' UP) Y 6 X N 4. 28 Imo Loa:CourI N X 6 N 5. Via.Antibes - ;i 100 _ Y 4 X N 102 Y 6 208 Lido Soud 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. Jn 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 Burlie (e -mail: phono #.: (949) 307 -23G,� By my signature below I certify and declare under tlhe 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 Hxhibit { {.( to the Zoning Agreement during the above Compliance Review Period. Dated: April 11, 2011 MORNINCrSIDE RRCOVERl', U C By: C si R Brian Burkc, Compliance Of$ccx jl(t9DCT(J- 7nnhig Abret?+unt - .,4forningsi. ?e :ix[•.3- jlnnnertr Cart+ylinne¢R.7�ort- RS /(lai 221- I r Jfi - l Mornin�scte April 19, 2011 i 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. I MORN INGSIDE 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. Brian Burke Compliance Officer Morningside Recovery (949)'307 -2366 222 4 Aliah WPO- Mornings de April 25, 2011 To: All 533 Lido Soud Staff& Residents From., Brian Burke i PLEASE NOTE: 1. At NO TIME may a vehicle park illegally on the street. 2. No flicking of cigarette buffs. 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. t 1 Cordially, i Brian Burke Compliance Officer Morningside Recovery (949) 307 -2366 22S I 224 Harris, Lillian Subject: FW: Agenda for June 14th - Morningside Recovery "RECEIVED AFTER AGBOA PRI"aTED:" ' From: Louise Fundenberg Lailto:pier2pier@)Yahoo.com1 Sent: Monday, June 13, 201110:45 PM To: Mike Henn; Curry, Keith; Daigle, Leslie; Selich, Edward; Gardner, Nancy; Hill, Rush; Rosansky, Steven; Kiff, Dave; Brown, Janet; Wolcott, Cathy; Campbell, James Cc: Laura Keane; Grace Dove; Bill Martin; Bill Dildine; Win Fuller; Bruce Brandenburg; Craig M; Craig; Louise Fundenberg Subject: Agenda for June 14th - Morningside Recovery 20 sp; Members of the City Council: The Board of Directors of the Central Newport Beach Community Association supports the staff position on enforcement of the agreement with Morningside Recovery, LLC, with the addition of termination of the agreement if appropriate. Previous correspondence to your Council states that CNBCA supports enforcement to the legal maximum in the effort to regulate group homes. Sincerely, Louise Fundenberg, President Brown, Lei From: cynthia koller (gracenbl @yahoo.com] Sent: Tuesday, June 14, 2011 10:54 AM l° To: Kiff, Dave; Hunt, David; Gardner, Nancy; Daigle, Leslie; Hill, Rush; Rosansky, Steven; Curry, Keith; Selich, Edward; Mike Henn; Brown, Leilani; Susan /Barry Eaton; ameri @rbf.com; Michael Toerge; Robert Hawkins; bhillgren @highrhodes.com Cc: 'Amber Baur'; Dr. Gloria Alkire; Delores otting; Bettina Deininger; bob rush; Ed Van den Bossche; Sharon Boles; cindymcneish @gmail.com; Craig Batley; Edward Cook; G. Schroeder; Jack Wu; Ken Darleen Kuhlmann; linda orozco; d .oberman @obermanassociates.com; marlyne @diamondfamily.com; richard nichols; David Obbage; Imfabian @att.net; wdlongyear @gmail.com; Drew; joverley @ocregister.com Subject: MORNINSIDE RECOVERY COMPLIANCE REVIEW June 14, 2011 June 13, 2011 FOR THE RECORD City of Newport Beach 3300 Newport Boulevard Newport Beach Ca 92663 Attention: City Manager, Dave Kiff City Attorney, Dave Hunt Council Members City Staff Reference: PERIODIC REVIEW OF COMPLIANCE OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR MORNINGSIDE RECOVERY, LLC (PA2011 -107). I and many others have been coming before you at City Council Meetings since 2006 pleading for your help to stop the negative impacts our neighborhoods were experiencing due to the large influx of rehab homes. One of which was Morningside Recovery's facility at 112 39Th st., my street. As the negative impacts from these homes exploded and crime escalated I became more involved, not by choice. I documented and submitted all negative impacts as requested by then Assistant City Manager, Dave Kiff and Council Member Mike Henn. When I came forward with more detailed information, especially concerning Morningside Recovery and their blatant disrespect for the city, myself and our neighbors I started experiencing intimidation tactics. As the record shows I would start every pubic comment with "I will not be intimidated by Morningside Recovery ". So here I am again pleading with you, the City to take this opportunity to do the right thing and rescind the Development Agreement with Morningside. From the beginning of this process Morningside Recovery has shown complete disrespect for the residents, City Staff and Law Enforcement concerning the following well documented impacts: Never applied for an FEP Never followed protocol for permits Vans speeding up and down our streets ( not on their route) , hundreds of times, sometimes 3 or 4 times daily, coming close to hitting me , coming close to hitting my husband, and two of my neighbors. Vans constantly doubled parked on 39Th St. blocking vehicles from passing. Vans constantly doubled parked on Via Lido so customers can't park or get by while large amounts of "clients" mill around smoking in the parking garage and waterfront, tossing cigarette butts in the bay. Clients using their bikes to either block myself /neighbors when trying to walk or drive our streets. Clients speeding on their bikes towards us while walking and sliding almost into us with their bikes. Constant foul language being yelled at us or at each other at all times of the day and night. Fighting Clients breaking in to other residents homes while either intoxicated or high. Some taking their clothes off in the middle of the street. Clients littering our streets, patios, planters and street ends with thousands of cigarette butts. The constant advertising on Morningside's website that they do " ALTERNATIVE SENTENCING, WORK WITH THE DRUGS COURTS, OTHER OFFENSES EXPUNGED IF YOU DO REHAB TIME ", and when brought forward to the City Staff at a City Council Meeting the next day the website was completely sanitized. And on this past 4Th of July (2010) at Morningside Recovery's facility at 112 39Th St. as witnessed by Mike Henn and Dave Kiff, a huge beer keg party took place which Newport PD had to break up and which made the Orange County Register with pictures. Witnessing this party myself was the last straw so to speak and I filed a formal complaint with ADP. Every month I would call to inquire were the State was in the investigative process and every month I was told: "The state has a budget crisis, we have no travel money allocated, we aren't going to spend our own personal money to come down and investigate this complaint right now ". When a neighbor recently pulled a public records act request regarding complaints against Morningside Recovery I was told there was no record of my complaint. Two weeks ago I called the state again and spoke with two representatives. The first representative told me the complaint was not added to his request for all complaints against Morningside Recovery because my complaint was not yet done being investigated. The second representative told me, AFTER I TOLD HER MORNINGSIDE HAD ABANDONED THE PROPERTY AND HAD NOT REAPPLIED FOR THEIR LICENSE AT 112 39TH ST.: "well I guess your complaint will be closed then, if Morningside left the property and did not apply again it's over, wait a couple of weeks and pull a public records act request ". How long would the State have sat on this investigation if I had not called and pressed the issue? How many more complaints might have been filed against Morningside that we are not aware of because the State had no money to investigate? They sit open. The State is handing out licensing WITH ABSOLUTELY NO OVERSIGHT AND THESE OPERATORS KNOW THIS. Get caught, move your operation. Why do you think these operators rent? Morningside knew they had been outed in the press with this last offense in July and made a business decision to let their only licensed facility in Newport expire, left my street and moved more "clients" to Lido who now have to contend with this operator all the while advertising on their website they were licensed in Newport Beach. In reading the staff report there was not one former complaint listed against Morningside, which were many and made by numerous residents over many years. I assume the city is only listing complaints documented during the DA by the city but by no means should this excuse the hundreds of former complaints of bad business practices and negative impacts this one operator has thrust upon this city and it's residents. This issue is not about the "disabled clients Morningside supposedly serves. This is about Morningside Recovery, THE BUSINESS, who consistently practices bad faith operations all the while exploiting the City of Newport and the residents for the selling, expansion and branding of a product FOR PROFIT. How many of us have spent thousands of hours dealing with the impacts, attending meetings, documenting incidents, giving up family time? How many more hundreds of thousands of dollars are we as residents going to have to spend to hire outside Counsel to deal with the impacts of these operators? How many more millions of dollars are we as a city /taxpayer going to have to spend to hold these operators accountable? I know I have questioned, if Morningside Recovery's record consistantly shows they treat the City and Residents in a flippant arrogant abusive manner and can't manage their own business /employees properly how does one believe for one minute they are responsible enough to handle someone,in the desperate throws of addiction? The courts have ruled in the City's favor, Newport Beach residents are not against legitimate recovery, we never have been, just unethical operators. Morningside's record speaks for itself. When is enough enough? I and thousands of residents say now. Respectfully, Cindy Koller West Newport Beach sharpmarine @earthlink.net From: sharpmarine@earthlink.net Sent: Saturday, November 06, 2010 11:59 AM To: 'Cosylion, Matt' Subject: 533 Via Lido Soud Violations- Sharp 10/27/10 Cosylion, Matt [MCosylion @newportbeachca.gov] We had the following problem at the Morningside facility at 533 Via Lido Soud: Not ®n Log Date Time Problem called outcome called outcome CNS Morningside 27 -Oct 22:35 4 door 10/28/10 message matt 10/28/10 message no reply white or 12:05 for Matt called and 14:18 for kyle silver SUV emailed arived, driver and 1 or 2 got out talking loudly 27 -Oct 22:55 same SUV 10/28/10 message matt 10/28/10 message no reply driver and 12:05 for Matt called and 14:18 for kyle 2 or 3 got emailed back in, J talking loudly, woke me up-looked like Candace driving vehicle Please let me know if any further information is required. Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmarine@earthlink.net 6/14/9.011 sharpmarine @earthlink.net From: sharpmarine@earthlink.net Sent: Saturday, November 06, 2010 12:05 PM To: 'Cosylion, Matt' Subject: 533 Via Lido Soud Violations- Sharp 10/29/10 Attachments: Offloading in front of neighbor 102910.tiff Cosylion, Matt [MCosylion @newportbeachca.gov] We had the following problem at the Morningside facility at 533 Via Lido Soud: Date Problem unable to verify violation Delivery van offloading deck furniture in front of Brant Zawads 29 -Oct residence. Supervised by heavyset man with mustache - driver silver OK plate pickup parked in front of 536? Via Lido Soud- appears to be staff at house Photo attached Please let me know if any further information is required. Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmarine@earthlink.net i ol-ol( 0 sharpmarine @earthlink.net From: sharpmarine@earthlink.net Sent: Saturday, November 06. 2010 12:09 PM To: 'Cosylion, Matr Cc: ' candace@morningsiderecovery.com' Subject: 533 Via Lido Soud Violations- Sharp 10/29, 10/30/10 Attachments: garage blocked with furniture 102910.pdf Cosylion, Matt [MCosylion @newportbeachca.gov] unable to verify violation We had the following problem at the Morningside facility at 533 Via Lido Soud: Date Time Problem 29 -Oct all day Garage half full of furniture (photo attached) 30 -Oct Garage half full of furniture Please let me know if any further information is required. Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmari ne@earthlink.net 40%% L-1-1 i sharpmarine @earthlink.net From: sharpmarine @earthIink.net Sent: Saturday, November 06, 2010 12:09 PM To: 'Cosylion, Matt' Cc: 'candace @morningsiderecovery.com' Subject: 533 Via Lido Soud Violations- Sharp 10/29, 10130/10 Attachments: garage blocked with furniture 102910.pdf Cosylion, Matt [MCosylion @newportbeachca.gov) We had the following problem at the Morningside facility at 533 Via Lido Soud: Date Time Problem 29 -Oct all day Garage half full of furniture (photo attached) 30 -Oct Garage half full of furniture Please let me know if any further information is required. A' ~~ ��' I V Qt on log Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmarine@earthlink.net sharpmarine @earthiink.net From: sharpmarine@earthlink.net Sent: Saturday, November 06, 2010 12:10 PM To: 'Cosylion, Matt' Cc: 'candace @morningsiderecovery.com' Subject: 533 Via Lido Soud Violations- Sharp 10/30/10 Cosylion, Matt [MCosylion @newportbeachca.gov] Unable to verify violation We had the following problem at the Morningside facility at 533 Via Lido Soud: Date Time Problem 30 -Oct mid morning Silver Toyota Tundra double parked in front of garage and Oklahoma plated truck, two guys got out and went into the house Please let me know if any further information is required. Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmarine @earthlink.net sharpmarine @earthIink.net From: sharpmarine @earthlink.net Sent: Tuesday, November 09, 2010 9:12 AM To: 'Cosylion, Matt' Subject: 533 Via Lido Soud Violations- Sharp 11/8/10 Attachments: Dropping off 1.JPG; dropping off 2.JPG; Dropping off 3.JPG; Navigator on Via Nice.JPG; Navigator at Nice and Nord.JPG Cosylion, Matt [MCosylion @newportbeachca.gov] N®° app on log- We had the following problem at the Morningside � ®a ®� facility at 533 Via Lido Soud: photos provided Date Time Problem 8 -Nov 14:15 Silver Navigator driven by a woman (appeared to be Candace but I couldn't see her full face) parked in front of the property. She pulled around the corner with at least one other person in the car, then sat with the engine running in front of the garage of 105 Via Orvieto. A young hispanic looking man with very short hair and jeans belted below his backside ran out of 533 and jumped in the car. She proceeded down Via Nice. I attach a photo of the car at Via Nice and Via Lido Nord. When I was driving off the island I saw her drive up Via Barcelona and pick up more people, then proceed to drop everyone off at the offices on Via Lido. Photos attached of the people exiting the vehicle at the offices. This is a violation of items 9 and 13 of Exhibit 1 of the zoning agreement Please let me know if any further information is required. Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmarine@earthlink.net sharpmarine @earthiink.net From: sharpmarine @earthlink.net Sent: Saturday, November 13, 2010 3:36 PM To: 'Cosylion, Matt' Subject: 533 Via Lido Soud Violations- Sharp Attachments: Van on Via Barcelona 111410.JPG Cosylion, Matt [MCosylion @newportbeachca.gov] We had the following problem at the Morningside facility at 533 Via Lido Soud: No violation 13 -Nov 10:44 Client transport van license plate 8V36879 idling in driveway of 208 Via Antibes (having driven on Via Barcelona to get to the driveway). Violation of item 13 of Exhibit 1 and Exhibit 5 of the zoning agreement . Photo attached Please let me know if any further information is required. Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmarine @earthlink.net r ,��,'� �: a `. sharpmarine @earthiink.net From: sharpmarine @earthlink.net Sent: Saturday, November 13, 2010 11:26 AM To: 'Cosylion, Matt' Subject: 533 Via Lido Soud Violations- Sharp Cosylion, Matt [MCosylion @newportbeachca.gov] We had the following problem at the Morningside facility at 533 Via Lido Soud: no violati on- they advised me she could drive on Barcelona althought not allowed on route map 13 -Nov 10 :44 Silver Navigator license plate 5EWT080 pulled out of Via Barcelona with passengers, turned left onto Via Lido Soud. Candace was driving. Violation of item 13 of Exhibit 1 and Exhibit 5 of the zoning agreement . Please let me know if any further information is required. Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmarine @earth lin k.net sharpmarine @earthIink.net From: sharpmarine @earthlink.net Sent: Monday, November 15, 2010 9:35 AM To: 'Cosylion, Matt' Subject: 533 Via Lido Soud Violations- Sharp 11/15/10 incident 2 Attachments: Navigator in front of neighbor.JPG Cosylion, Matt [MCosylion @newportbeachca.gov] We had the following problem at the Morningside facility at 533 Via Lido Soud: 15 -Nov 8:28 Silver Navigator license plate 5EWT080 returned after prior photo and was again sitting in front of the Brant Zawadski garage with the engine running, a female at the wheel. Photo attached (violation of Item 9 of Exhibit 1) Please let me know if any further information is required. Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmarine @earthlink.net iy y '_a 7 , 7, sharpmarine @earthlink.net From: sharpmarine @earthlink.net Sent: Monday, November 15, 2010 9:34 AM To: 'Cosylion, Matt' Subject: 533 Via Lido Soud Violations- Sharp 11/15/10 first incident Attachments: navigator in front of neighbor 1.JPG Cosylion, Matt (MCosylion @newportbeachca.gov) We had the following problem at the Morningside facility at 533 Via Lido Soud: unable to verify independently 15 -Nov 8:22 Silver Navigator license plate 5EWT080 was sitting in front of the Brant Zawadski garage with the engine running, a female at the wheel. The man who drives the Oklahoma plated truck was standing outside on his cell phone. When they saw me take a picture she moved down the street to a legal parking space. Phot attached (violation of Item 9 of Exhibit 1) Please let me know if any further information is required. Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmarine@earthlink.net �jfi� /�� sharpmarine @earthIink.net From: sharpmarine @earthlink.net Sent: Wednesday, November 17, 2010 8:47 AM unable to To: 'Cosylion, Matt' Subject: 533 Via Lido Soud Violations- Sharp 11/16/10 independently verify Cosylion, Matt (MCosylion @newportbeachca.gov] We had the following problem at the Morningside facility at 533 Via Lido Soud: 16 -Nov 18:27 Silver Navigator license plate 5EWT080 double parked on Via Lido Soud westbound in front on our house. Oklahoma truck guy was standing outside the vehicle, a young man wearing a baseball hat got out of the passenger side and went into the house. (violation of Item 9 of Exhibit 1) Please let me know if any further information is required. Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmarine @earthlink.net sharpmarine @earthiink.net From: sharpmarine @earthlink.net Sent: Friday, November 19, 2010 2:30 PM To: 'Cosylion, Matt' Subject: 533 Via Lido Soud Violations- Sharp 11/19/10 12010 -1208 Cosylion, Matt [MCosylion @newportbeachca.govj We had the following problem at the Morningside facility at 533 Via Lido Soud: unable to verify independently 19 -Nov 14:24 Silver Navigator double parked on Via Lido Soud westbound in front on our house (blocking traffic). One man got out and went into the house. (violation of Item 9 of Exhibit 1) I2010 -1208 Please let me know if any further information is required. Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmarine@earthlink.net Subject: RE: Morningside violation Date: Monday, May 23, 201111:45:41 AM PT From: Cosylion, Matt To: info @macgregorexport.com Good Morning Mrs. Sharp, Thank you for reporting this incident. To clarify, was the U -turn made in front of the MSR offices on Via Lido or further down the street, near the signal (Newport Blvd light? Thanks. Matt 644 -3217 - - - -- Original Message---- - From: nfo(amacereeorexoort.com ( mailto :info(a)macereeorexoort.coml Sent: Monday, May 23, 201110:42 AM To: Cosylion, Matt Subject: Morningside violation On May 19 at 6:54 AM I saw one of the large white Morningside vans parked facing west on Via Lido in front of their offices pull out and make an illegal U -turn onto Eastbound Via Lido. Best regards, Laura Sharp Re: 652 Ig white van On 5/19/116:54 AM, "InfoPmacgreeorexoort.com" < nroPmac¢reeorexoort.com> wrote: Sent from my Whone 1 uesoay, June 14, Lull s:D1:bb VM Y I Not on log sharpmarine @earthlink.net From: sharpmarine @earthlink.net Sent: Friday, November 19, 2010 2:29 PM To: 'Cosylion, Matt' Subject: 533 Via Lido Soud Violations- Sharp 11/19//10 12010 -1208 Cosylion, Matt [MCosylion @newportbeachca.gov] We had the following problem at the Morningside facility at 533 Via Lido Soud: 19- 14:22 black Nov suburban double parked on Via Lido Soud westbound in front on our house (blocking traffic) . One man got out and went into the house. (violation of Item 9 of Exhibit 1) I2010- 1208 Please let me know if any further information is required. Best regards, Laura Sharp 534 Via Lido Soud Newport Beach 949 903 2933 sharpmarine@earthlink.net N ®t ®n 9®� Tuesday, June 14, 20114:53:38 PM PT Subject: Morningside violations Date: Sunday, May 29, 20118:39:49 PM PT From: info @macgregorexport.com To: MCosylion @newportbeachca.gov I have video of the following incidents at the Morningside facility at 533 Via Lido Soud. I have attached a still from the video from each of the following events but if the video would be more useful I can supply it. file name start time end time tape position 5 22 18 28 00 19:11:07 19:11:22 43:19:00 Clent pick up while parked in illegal space- re Delivery after hours- woman in car pulled ini 5 22 19 2800 20:04 20:17 41:10:00 and other stuff 5 24 21 33 00 21:00 21:41 8:42 Delivery after hours- man in scrubs left with 5 25 5 33 00 6:09 36:00:00 Loud conversation two men in garage before 5 26 22 3700 23:10:41 23:11:18 36:26:00 Delivery after hours- man in scrubs arrived m 5 27 17 39 00 17:51 17:54 16:02 Delivery after hours- woman in scrubs came SUV picked up clents from middle of street, < 5 27 17 39 00 18:20 40:45:00 oncoming lane to get around One car picking up in front of Brant Zawadsk pulled in to pick up in front of garage, almos second car stopped to pick up clients with th 5 28 15 42 01 16:07 16:09 27:35:00 traffic Best regards, Laura Sharp (949)903 -2933 lnfo@macgregorexport.com v 05/22/11 19: 11: 19 . r r i Af� -io . A - 1 t AW s J ©/25; 11 06:09: 12� t J i ©1a7 /11 1 ik' V° ao 300 127111 i C ®�2E , -W. I 4im 7 ©�:8 I11 16:09:37 C tCof'Newp-ort' Baa�e- L Cit�y(C'.ou -lilt Mee= elf9i inel� v4 2 °o`1Li . r MO arn�onrgr -sh ej R�en- comwe�ry� LLC Pe,r od'iie,Cc' mO' arm o. R`eu,' ew :oniienrg rAq gir� mr vent o rd nane zoio�i83andoptedlSepatemberFA zolo cii Prrov dtie MoArunli fngside wit�h� entitle'rri nt�for dbel off reaide ins all n the, C tSy o ENNOlishresdte ;rmsia]n�d]Qjpema�tti'onlal (CUo'n:dAi,gns �P°- rovdes�tiforrperodlic�ccomfiplli�a�n� :c'e�- re- ,�ie1w 06/14/2011 06/14/2011 Key 0,, p;e- ,rat�itor C ©m °dit ryonYs C�ond'ition.:Nlo 1 ,,Occup La - n:c9y�Lreue 3J6 Cl;entes/ Cl g-rit 'Bod&0-im —p-0 de„ n,o m,o,relthLwf 3ofi7 -n- eninsu,la Zone (Crond:ition No.,�7-,mwg .kings &iTob'acco,Prod.u:cts2 S' ce o�nd aodlgm kke may no oodete .edl offsite Condit onJNo,_ 8Parkmg; Garages; nd ot=b;er park <ng spaYces'musti Wa, %dilableratlalltimes ;gm tiop)N;oLgliCli`emtfTrans- writ--.; Ufaardrivoms req'u!ir :dlto rtiespec Sfa�III;C'ity�rul.es �Con. dt" i; o .n�N:o��i�zt�Quiet;�H:ou;rs:, Beit�we'en9oo,pam.. randi8 oo fahm. Vial,at ronrs of Canditho,n's ji$t; N(W is== suedlCOc�toberr _s5; �zo �o f ©�faiilu,re to prouide�access�iibl ,ga gar gar e;pafr�-kAwgpspaee 4, N''OVF�-§;i"ssuced'N:ove.mber >�.,, �z ©iorf ©r faiJ,ure �,. to comply?w thL • COLAd_it osn�' _N'9J. jOcctjpamcgp,) Cond�ti"on� N'�o�: f8)(�a7rk <inrg?) Cmdlitio No,�gJ�(Trtansporta) �� C}ond;itioe o „r ,3f3 ((6RovAte Plan " -s�) 24 -hour Hotline Complaints regarding a Morningside facility may be registered at: brian@morningsiderecovery.com Complaints may also be registered with City's Code Enforcement Division at: 949-644-3215 Morningside Administrative & Client Treatment Facilities Ii RBcOm :mGA#tiOn t p' m n)e #o gma 'i's n k > #A s A no i $nd I of,n sd� a a Fn o Cd 5 i goo fa t com pI n e�th Zoning Agre me ent f Ur<@ #s #tlolss� u mAt Ri Ac yo Ao n g id 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, June 14, 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 of the City of Newport Beach will conduct a periodic compliance review of the Development Agreement entered into on September 28, 2010, between the City and Morningside Recovery, LLC. Pursuant to Newport Beach Municipal Code Section 15.45.080, the City Council shall periodically review the Development Agreement, and the activity conducted pursuant to the agreement to determine if the applicant has complied with the terms of the agreement. The City Council will review the Development Agreement, activity conducted pursuant to the agreement, and Morningside Recovery's demonstration of good faith compliance with the terms of the agreement. The review of this Development Agreement and any potential actions related thereto is not defined as a "project" pursuant to the California Environmental Quality Act,'and therefore such actions are not subject to environmental review. 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 jbrown(a)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 0� VV - X I "/ "' Leilani Brown, City Clerk City of Newport Beach Tmplt: 11/23/09 Easy Peel® Labels Use Avery® Template 51600 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: i i d Mary Helen Beatificato Beatificato & Associates, APC 28562 Oso Parkway, Ste. D -424 Rancho Santa Mrgarita, CA 92688 12 th reef — N Contacts D no_ee o post site), WEST NEWPORT BEACH ASSN. 2901 NEWPORT BLVD NEWPORT BEACH, CA 92663 LIDO ISLE COMMUNITY ASSOC. 701 VIA LIDO SOLID NEWPORT BEACH, CA 92663 A ® Bend along line to Feed Paper - expose Pop -Up EdgeTM 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 .......... I i 1 1 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 ttiquettesfatiles a peler I A Repliez 91 la hachure afin de I www.wvar ^^ Utilisez le gabarit AVERYD 51600 _ Sens de .. MJMV-09-009-L wicin -d0d pJOga1 a! 1919na1 luawa61eg1 { ap sues ®09L5 ®Ai13AV 3!1ege6 a! zas WOYIVaAe9NMM ap ulp amgley e! @za!IdaB 0 ' ja!ad q sapper sanon 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 13 AARON WING 8 ESCAPADE CT #313 NEWPORT BEACH, CA 92663 932 583 15 RICHARD A SIMPSON 6 ESCAPADE CT 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 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 13 RESIDENT 8 ESCAPADE CT NEWPORT BEACH, CA 92663 932 583 11 FRANK CASCO JR. 30 SYLVAN IRVINE, CA 92603 932 583 12 RESIDENT 1 TRIBUTE CT NEWPORT BEACH, CA 92663 932 583 14 GREGORY MARCHMAN 7 ESCAPADE CT NEWPORT BEACH, CA 92663 932 583 16 932 583 16 DANIEL LEEDY RESIDENT 9788 ARGYLE DR 5 ESCAPADE CT HUNTINGTON BEACH, CA 92646 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 #1C COSTA MESA, CA 92626 932 583 20 RESIDENT 1 ESCAPADE CT NEWPORT BEACH, CA 92663 PA2011 -107 MORNINGSIDE DA 29 IMA LOA COURT � w10965 p�$J�� a 7 w.a6p3 dn-dod asodxa jaded paad Y �ng�c aleidwai _x. >• __- 1 01 Bull 6uoie ouaa AU3AV- 09-008-L w03•djane-nnenm 114 17043 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 #300 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 #11 NEWPORT BEACH, CA 92663 932 580 13 MARK GONZALEZ 2BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 15 CHRISTINE ANN MCKEEN 6271 E TRAIL DR ANAHEIM, CA 92807 9-3258016 .STAN MOORE 1 VICTORIA CIR ROWLETT. TX 75088 932 580 18 ALEX I HOROWITZ 933 FORBES DR BREA, CA 92821 4 wid0 -dod pjogaj a! ial ,)Aaj luawa6jey3 Q ap uge wnyjey e! 9 aalldaa ap suas 009LS ®A83AV y!jege6 al zas p ja!ad a sapae; sa3lan 932 580 01 932 580 01 RESIDENT SOUFI SIADAT 15 BARLOVENTO CT NA PO BOX 2483 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92659 932 580 03 932 580 04 GARY B SEATON KIMBERLY A RADEN 17 BARLOVENTO CT 100 COLUMBIA ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 58005 93259006 RESIDENT JAMES M PETTIT 102 COLUMBIA ST 18 BARLOVENTO CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 580 08 CHARLES F PLHAK JR. 6786 TURF DR HUNTINGTON BEACH, CA 9264E 932 580 08 RESIDENT 20 BARLOVENTO CT 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 IBARLOVENTO CT 2BARLOVENTO CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 580 13 932 580 14 RESIDENT HENRY CHRISTOPHER COMEA 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 #17 204 COLUMBIA ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 580 18 RESIDENT 6 BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 19 WILLIAM EUGENE CARDWELL 7 BARLOVENTO CT NEWPORT BEACH, CA 92663 7wi0965 a 9 w043 do -dod asodxa jaded paad Q in09 LS aleldwai 1 0AU21AW S 1 of Gull 6uole uuaa T A83AV-09-008-L Q w do -dod pjogaj a! j019naJ luawo6jey� Q op SUBS ®09 LS A3AV I!jege6 a! za wo3•Nane mnnnn , op u! ;e ajnyaey e! @ ze!!dB8 0 ' p8 e aa!ad a sa!!�e; soUan, 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 1 I 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 932 580 33 RESIDENT 1 SERENA CT NEWPORT BEACH, CA 92663 932 580 35 MICHAEL ALTI 3 SERENA CT NEWPORT BEACH, CA 92663 932 580 37 RESIDENT 300 COLUMBIA ST NEWPORT BEACH, CA 92663 932 58040 GLENN ,& C DONAHUE 39 BRIDGEPORT RD NEWPORT BEACH, CA 92657 9.3258020 RESIDENT 8BARLOVENTO CT NEWPORT BEACH, CA 92663 932 580 22 JANE F HOFFNER 10 BARLOVENTO CT 922 NEWPORT BEACH, CA 92663 932 580 24 DAVID M SQUIRE 12 BARLOVENTO CT NEWPORT BEACH, CA 92663 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 27 932 580 27 ALEC RICHARD PARKER RESIDENT 21 MIRADOR 10 SERENA CT IRVINE, CA 92612 NEWPORT BEACH, CA 92663 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 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 wa0965 7 m06p3 dn-dod asodxa jaded paa; 9 ®09Ls ale!dwal ®Many as0 GAN- � � 1 01 Bull 6uole CUBA — A83AV-09-008-L ' wor/Lane•Jwmm 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 58G 61 WILLIAM N VILLARD 18 BARUNA CT #61 NEWPORT BEACH, CA 92663 wJdn -dod pJogaJ a! Jajgn,?J luawa6JeyP Q ap ui ;e wnyoey el g za!!daa ap sues @09L5 pA83Av 3!jege6 al zosi p Ja!ed a sa!pe; saUen 932 580 43 MATTHEW C QUIRIN 2 BARUNA CT NEWPORT BEACH, CA 92663 932 580 45 HECTOR GODINEZ 4 BARUNA CT #45 NEWPORT BEACH, CA 92663 932 580 47 JUNE A PALOMINO 6 BARUNA CT NEWPORT BEACH, CA 92663 932 580 50 DEVON 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 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 PTNSH 19305 BROOKTRAIL LN HUNTINGTON BEACH, CA 926 932 580 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 YWL096S Q wia6p3 do -dod asodxa Jaded paa; Q , nQLC aieidumai _R�.. -. -•- Y AWAV-09-008-L ' ww-Nane'AkM n 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 1 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 93.2 580 80 RESIDENT I 1 ARIES CT NEWPORT REACH, CA 92663 932 580 83 THOMAS .H FISHER JR. 8 ARIES CT NEWPORT BEACH, CA 92663 wid0 -d0d pJOgw a! JajZ)naJ lusp suesy� V 009LS ®A213AV l!jege6 al zas!!! op ui ;e anyaey e! G za!!day v ' ja!ad @ sa!pe; sauenbi 932 580 64 932 580 64 GARRETT DRISCOLL RESIDENT 21 BARUNA CT #54 21 BARUNA CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 580 66 CARMEN C DOOBENEN 505 COLUMBIA ST 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 ARLES 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 0 vu0965 9 wae6p3 d0 -dod asodxa Jaded paai Y ®0gLS ale!dwal ®FJanV asr ®A&B�V a olau116uoiepuan AHAV-OD-008-L f wadn -dod pjagai a! jalgAaj ;uawa6ietp P i ap suas i ®09L5 ®A233AV 3!jege6 al zaspi wor,4ane•nnnnnn ep u! ;e amy)ey el g za0day T ' la!ad g sa!pe; sayyanb 932 580 86 PATRICKD GROSSO 5 ARIES CT NEWPORT BEACH, CA 92663 932 580 88 RESIDENT 3 ARIES CT NEWPORT BEACH, CA 92663 932 580 90 JOHN TOWNSEND 1 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 SUMMERWINTD CT #106 NEWPORT BEACH, CA 92663 7 1 w,0965 GA MAW a 932 580 87 MICHAEL .J LOGAN PO BOX 2534 NEWPORT BEACH, CA 92659 932 580 88 SALLY LOUISE PFISTER PO BOX 242 NEWPORT BEACH, CA 92662 932 580 91 JOHN LANDRE .18 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 580 94 RESIDENT 15 SUM[v1ERWIND CT NEWPORT BEACH, CA 92663 932 580 95 RESIDENT 14 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 580 98 G J & M DEMOS PO BOX 15773 NEWPORT BEACH, CA 92659 932 581 00 RESIDENT 8 SUMMERWIND CT 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 932 580 87 RESIDENT 4 ARIES CT NEWPORT BEACH, CA 92663 932 580 89 RESIDENT 2 ARIES CT NEWPORT BEACH; CA 92663 932 580 92 HENRIK FRANK 17 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 580 94 STEVEN S SASAKI PO BOX 29 LAGUNA BEACH, CA 92652 932 580 96 DAVID W SUTHERLAND 12 SUMMERWrND CT NEWPORT BEACH, CA 92663 932 580 98 RESIDENT 10 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 581 01 MARY L LEE 7 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 581 04 MARK A MOMOT 4 SUMMERWIND CT 4104 NEWPORT BEACH, CA 92663 932 581 06 RESIDENT 2 SUMMERWIND CT NEWPORT BEACH, CA 92663 932 581 07 932 581 07 ANIL & B PATEL RESIDENT 228 11TH ST 1 SUMMERWIND CT HUNTINGTON BEACH, CA 9264f NEWPORT BEACH, CA 92663 Q wia6p3 dn-dod asodxa _ jaded PON Q g09 Ls ale!dwal ®f4aw ash i olauii6uoieouaa A83AV- 09.008-L wJdn-dod pJogw.a! Ja!anaJ luawa6Jey3 09L5 A83AV 3!Je e6 a zes! ! ap sues ® ®ia ad sa ue sauanb wor6Jane•nnnnm , ap u! ;e wnyJey el g zapda8 v i ! g ! ; 932 581 08 BRIAN D JACOBS 26 ODYSSEY CT #108 NEWPORT BEACH, CA 92663 932 581 09 RESIDENT 25 ODYSSEY CT NEWPORT BEACH, CA 92663 932 581 12 EDWARD CROSS 22 ODYSSEY CT #112 NEWPORT BEACH, CA 92663 932 581 13 RESIDENT 21 ODYSSEY CT NEWPORT BEACH, CA 92663 932 581 15 RESIDENT 19 ODYSSEY CT NEWPORT BEACH, CA 92663 932 581 17 LINDA VAS 17 ODYSSEY CT NEWPORT BEACH, CA 92663 932 581 08 RESIDENT 26 ODYSSEY CT. NEWPORT BEACH, CA 92663 932 581 09 JOHN TOWNSEND 25 ODYSSEY CT 4109 NEWPORT BEACH, CA 92663 932 581 10 932 581 11 WILEY BLAIR III LEO D LYNNE JR. 24 ODYSSEY CT 23 ODYSSEY CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 12 932 581 13 RESIDENT ANITA CODORI 22 ODYSSEY CT 1966 PORT WEYBRIDGE PL NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92660 932 581 14 932 581 15 RESIDENT JOAN MARY PENNINGTON 20 ODYSSEY CT 28 ENCORE CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 16 932 581 16 RESIDENT TYLER NGUYEN 18 ODYSSEY CT 18 ODYSSEY CT #116 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 18 932 581 19 MONIQUE N EGAN CHRISTOPHER JAMES BLASCC 16 ODYSSEY CT 15 ODYSSEY CT 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 I 1 ODYSSEY CT 4122 10 ODYSSEY CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 581 24 JANE C WARDEN 9 ODYSSEY CT NEWPORT BEACH, CA 92663 932 581 27 PATRICIA CRANE 6 ODYSSEY CT NEWPORT BEACH, CA 92663 Y � w10965 ®AjoaAw l J 932 581 25 932 581 26 MATTHEW ANDERSON SELBY C SPELL 8 ODYSSEY CT 7 ODYSSEY CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 932 58128 932 581 29 ANNE SILAVS WILLIAM R & LINDSAY PRIDD 5 ODYSSEY CT 4 ODYSSEY CT NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 Q ' mD43 dn-dod esodxa Jaded paai Q @09L5 91e!dwal ®RJanV asr o1 auu 6uo,e ouaa i AMAV-09-008-L ' wo3'Ajane•AvAm i 932 581 30 MARCY E CROUCH 1 ODYSSEY CT #130 NEWPORT BEACH, CA 92663 932 58132 RICHARD N BERGSTROM 3 ODYSSEY CT NEWPORT BEACH, CA 92663 932 581 35 ERIC NELSON 8817 TARRYTON AVE WHITTIER, CA 90605 932 581 36 RUSSELL KOJIMA 6275 CALLE FUEGO PLEASANTON, CA 94566 932 58139 JAMES C HILBERT III 1433 SUPERIOR AVE 4305 NEWPORT BEACH, CA 92663 932 581 40 RESIDENT 31 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 42 RAYMOND JEFFREY YATES 29 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 44 RESIDENT 27.IMA LOA CT NEWPORT BEACH, CA 92663 932 58'I 46 DONALD G SKREDE 25 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 48 JAMES CASSIDY 23 IMA LOA CT NEWPORT BEACH, CA 92663 / w,d0 -dod pjogw a! j019Aaj ;uawa6je43 ap sua5 @09L5 ®A83AV 1!jege6 al zas!!i ap up wnypey e! @ zagda8 v �a!ad g sane; sauenb 932 581 30 RESIDENT I ODYSSEY CT NEWPORT BEACH, CA 92663 932 581 33 RESIDENT 33 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 35 RESIDENT 1 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 37 JOSEPH MUNDAY 3 EV A LOA CT NEWPORT BEACH, CA 92663 932 581 39 RESIDENT 5 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 41 DNE ASSOCIATES 2020 E ORANGETHORPE AVE #210 FULLERTON, CA 92831 932 581 43 ANNA MARIE THAMES 28 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 45 RESIDENT 26 IMA LOA CT NEWPORT BEACH, CA 92663 93-2 581 47 RESIDENT 24 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 49 DONALD E ANDERSON 22 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 31 LAURENCE P MOLLENTINE 2 ODYSSEY CT NEWPORT BEACH, CA 92663 932 581 34 MELINDA A NISH 32 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 36 RESIDENT 2 IMA LOA CT NEWPORT BEACH; CA 92663 932 581 38 PETER ALAN BORRAS 4 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 40 JOSEPH F MCDONALD 31 IMA LOA CT #140 NEWPORT BEACH, CA 92663 932 581 41 RESIDENT 30 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 44 GARRY J GARVEY 3440 OREGON RD VERSAILLES, KY 40383 932 581 45 STANLEY ROSENTHAL 7 VISTA MIRAGE WAY RANCHO MIRAGE, CA 92270 932 581 47 ROBERT SNYDER 18 ENCORE CT NEWPORT BEACH, CA 92663 932 581 50 ROMAN SUGDEN 21 IMA LOA CT NEWPORT BEACH, CA 92663 7 wa0965 P wja6p3 d�-dod asodxa jaded paai P ®0915 a�e!dwal ®,Siang as0 ®A�1� 9 o1 awn 6uoie ouaa T A313AH-09-008-1 wOrAjane NmAm 932 581 51 WALDEMAR RUPERT MOOSMANN 20 DMA LOA CT NEWPORT BEACH, CA 92663 932 581 53 RESIDENT 18 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 56 PAUL IPEK 15 IMA LOA CT NEWPORT BEACH, CA 92663 932 58159 RESIDENT 6 IMA LOA CT NEWPORT BEACH,.CA 92663 932 581 60 RESIDENT 7 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 63 CAMERON J ESTEY 1500 HIGHLAND AVE MANHATTAN BEACH, CA 9026E 932 581 65 RESIDENT 307 COLUMBIA ST 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 BROV✓N 21 LAND FALL CT NEWPORT BEACH, CA 92663 � w,d0 -d0d pjogaj a! JalgAYJ luawa6je4) ap sues 009L5 ®Aa3AV 1!jege6 al zas!!! i ap u! ;e amyley el a za!!day 0 ' ja!ad a sa!!ae; sananbl 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 M COLANDREA 14 IMA LOA CT NEWPORT BEACH, CA 92663 93259153 MITCHELL E GARFIELD 18 IMA LOA CT #153 NEWPORT BEACH, CA 92663 932 581 55 DENNIS & STEPHANIE CONWj 16 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 58 RESIDENT 12 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 59 932 581 60 SARNO HUGUETTE WILSON 2720 BAYCLIFF CT #2 4809 RIVER AVE LAS VEGAS, NV 89117 NEWPORT BEACH, CA 92663 932 581 61 SHERRY HOFFMAN 8 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 63 RESIDENT 10 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 62 NANCY E SIMONIAN 9 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 64 RESIDENT 11 IMA LOA CT NEWPORT BEACH, CA 92663 932 581 65 932 581 66 ROBERT NORQUIST RESIDENT 9042 RHODESIA DR 305 COLUMBIA ST HUNTINGTON BEACH, CA 9264( NEWPORT BEACH, CA 92663 932 581 67 932 581 67 MICHAEL D THOMAS RESIDENT 16382 ARDSLEY CIR 303 COLUMBIA ST HUNTINGTON BEACH, CA 92645 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 '7 wa0965 P w.a6p3 d0 -dod asodxa jaded pael V ®093s ale!dwal ®Ajany as! i ®A�1�V a ! of aup 6uole pua8 v -.--- .-- - ' -.- i AMAV-09-008-1 widn -dod pjogai al ialgAQJ luawa6je43 i nn ap A83AV luege6 al zas!!! w oriCiane•nnnn ap u! ;e a�ny�ey e! sues ®0915 ® za!!da8 0 ia!ad q sane; souan; 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 58175 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 79 932 581 80 . RESIDENT CONOR O'DONOGHUE 12 LAND FALL CT 3419 VIA LIDO #445 NEWPORT BEACH, CA 92663 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 82 CHRISTY FLESVIG 9 LAND FALL CT NEWPORT BEACH, CA 92663 932 581 85 BRUCE HAAS 11041 GOLD STAR LN SANTA ANA, CA 92705 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 932 58190 RESIDENT 1 LAND FALL CT NEWPORT BEACH, CA 92663 932-58191 932 581 92 ROSS L WHEELER JASON C NORBECK 7023 N 59TH PL 345 GULF STREAM WAY PARADISE VALLEY, AZ 85253 COSTA MESA, CA 92627 932 581 93 COLEEN METHOT 205 COLUMBIA ST #193 NEWPORT BEACH, CA 92663 932 581 93 RESIDENT 205 COLUMBIA ST 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 58180 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 RESIDENT 6 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 CLINES CT TUSTIN, CA 92782 932 581 91 RESIDENT 209 COLUMBIA ST NEWPORT BEACH, CA 92663 932 581 92 RESIDENT 207 COLUMBIA ST NEWPORT BEACH, CA 92663 932 581 94 RESIDENT 203 COLUMBIA ST NEWPORT BEACH, CA 92663 Y wa0965 P w,043 d0 -dod asodxa jaded peal P 00915 aleldway ®tiany asr ®d1�11� ! 04 aup 6uo!e pua8 0 _._ ___ T A83"-09-008 -L i w0»O8neffiAW 932 581 95 RESIDENT 201 COLUMBIA ST NEWPORT BEACH, CA 92663 932 581 97 ELIZABETH H ANDRICH 21 SWIFT CT NEWPORT BEACH, CA 92663 932 581 99 PATRICIA A SULLIVAN 19 SWIFT CT NEWPORT BEACH, CA 92663 932 582 02 GREELEY 16 SWIFT CT NEWPORT BEACH, CA 92663 932 582 04 WHITE 14 SWIFT CT NEWPORT BEACH, CA 92663 932 582 07 JEANETTE MCDANIEL 353 MILL HOLLOW RD LAS VEGAS, NV 89107 932 582 08 RESIDENT 9 SWIFT CT NEWPORT BEACH, CA 92663 932 582 11 JANE MYERS DREW 6 SWIFT CT NEWPORT BEACH, CA 92663 932 582 I3 RESIDENT 4 SWIFT CT NEWPORT BEACH, CA 92663 932 582 15 P K PHILLIPS 2 SWIFT CT NEWPORT BEACH, CA 92663 wide -d0d piogai a! ia!anai , luawa6je43 ap sua5 @09LS ®AH3AV l!jege6 al zasi!p ap u0e wny�ey e! g za!!da8 0 ja!ad a sane; saaanb! 932 581 95 ROBERT C DONOVAN 2178 BARRETT AVE SAN JOSE, CA 95124 932 581 98 CATHERINE E CHARLES 20 SWIFT CT #198 NEWPORT BEACH, CA 92663 932 582 00 STEPHEN RODRIGUEZ 18 SWIFT CT NEWPORT BEACH, CA 92663 932 582 03 NGUYEN 56 VALLEY TER IRVINE, CA 92603 932 582 05 RESIDENT 12 SWIFT CT NEWPORT BEACH, CA 92663 932 582 07 RESIDENT 10 SWIFT CT NEWPORT BEACH, CA 92663 932 582 09 GREGORY D GIBB 8 SWIFT CT NEWPORT BEACH, CA 92663 932 582 12 H KEITH EWING 5 SWIFT CT NEWPORT BEACH, CA 92663 932 582 14 DAVIS 5 CAPE DANBURY NEWPORT BEACH, CA 92660 932 582 16 MINA POURSHOEIL 1 SWIFT CT #216 NEWPORT BEACH, CA 92663 932 581 96 JONATHAN CRAWFORD 22 SWIFT CT NEWPORT BEACH, CA 92663 932 581 98 RESIDENT 20 SWIFT CT NEWPORT BEACH, CA 92663 932 582 01 RICHARD F CRUCE 17 SWIFT CT NEWPORT BEACH, CA 92663 932 582 03 RESIDENT 15 SWIFT CT NEWPORT BEACH, CA 92663 932 582 06 RESIDENT 11 SWIFT CT NEWPORT BEACH, CA 92663 932 582 08 LYDIA KUZNETSOV 237 SANTA ANA AVE NEWPORT BEACH, CA 92663 932 582 10 GARY C KOCH 7 SWIFT CT NEWPORT BEACH, CA 92663 932 582 13 EQUITY ENTERPRISES LTD 1419 SUPERIOR AVE #2 NEWPORT BEACH, CA 92663 932 582 14 RESIDENT 3 SWIFT CT NEWPORT BEACH, CA 92663 932 582 16 RESIDENT 1 SWIFT CT NEWPORT BEACH, CA 92663 gwi0965 ®�$���� P w,a6p3 dn•dod asodxa jaded Pal P @09 Ls a;e!dway ®MaAV asl i of aui! 6u0!e pua8 v i - • -- v AN3Ay-0E)-008-L wadn-dod Pjogai BI iajamaJl lu8w86Je4) i , ap suas 009LS ®AH3AV 1!jege6 al zasip: worAame-imrmrm i ap up aingleg el @ za0day p jalad . g salpe; sousnbl 932 582 17 ERNESTO A BERN ANDEZ 34 ENCORE CT 9217 NEWPORT BEACH, CA 92663 932 582 18 RESIDENT 33 ENCORE CT NEWPORT BEACH, CA 92663 932 582 21 RICHARD C PAYNE 30 ENCORE CT NEWPORT BEACH, CA 92663 932 582 23 LESLEY A PENNINGTON 28 ENCORE CT #223 NEWPORT BEACH, CA 92663 932 582 24 RESIDENT 27 ENCORE CT NEWPORT BEACH, CA 92663 932 582 26 CARL CHEADLE 204 ASHDALE PL LOS ANGELES, CA 90049 932 582 28 JEROME A REYNOLDS 1208 SAINT BRENDANS CT LEMONT, IL 60439 932 582 29 SUSAN M DAWSON 22 ENCORE CT #229 NEWPORT BEACH, CA 92663 932 582 31 RESIDENT 20 ENCORE CT NEWPORT BEACH, CA 92663 932 582 33 ROBERT SNYDER 18 ENCORE CT #233 NEWPORT BEACH, CA 92663 932 582 17 RESIDENT 34 ENCORE CT NEWPORT BEACH, CA 92663 932 582 19 STACEY SUZANNE ROBBINS 32 ENCORE CT - NEWPORT BEACH, CA 92663 932 582 22 JAMES H GABRIEL 251 NOROTON AVE DARIEN, CT 6820 932 582 23 RESIDENT 28 ENCORE CT NEWPORT BEACH, CA. 92663 932 582 25 JEFF SMART 26 ENCORE CT #225 NEWPORT BEACH, CA 92663 932 582 26 RESIDENT 25 ENCORE CT NEWPORT BEACH, CA 92663 .93258228 RESIDENT 23 ENCORE CT NEWPORT BEACH, CA 92663 932 582 30 JEAN MANN 21 ENCORE CT NEWPORT BEACH, CA 92663 932 582 32 V RUSSELL BENEDIKT 19 ENCORE CT NEWPORT BEACH, CA 92663 932 582 34 STEPHEN D PORTER 17 ENCORE CT NEWPORT BEACH, CA 92663 932 582 18 GLORIA A MILLER 1354 LORING ST SAN DIEGO, CA 92109 932 582 20 CHRIS GOVORKO 31 ENCORE CT NEWPORT BEACH, CA 92663 932 582 22 RESIDENT 29 ENCORE CT NEWPORT BEACH, CA 92663 932 582 24 JAMES F WALIN 27 ENCORE CT #224 NEWPORT BEACH, CA 92663 932 582 25 RESIDENT 26 ENCORE CT NEWPORT BEACH, CA 92663 932 582 27 JOAN BABINEAU COATS 24 ENCORE CT NEWPORT BEACH, CA 92663 932 582 29 RESIDENT 22 ENCORE CT NEWPORT BEACH, CA 92663 932 582 31 GEORGE SMCCAN PO BOX 2794 NEWPORT BEACH, CA 92659 932 582 33 RESIDENT 18 ENCORE CT NEWPORT BEACH, CA 9266' 582 35 LINDA M PORTER 16 ENCORE CT NEWPORT BEACH, CA 92663 Y' wa0965 ®6bkJJ ���% P mB43 do -dod asodxa Jaded paa3 ( 009LS alejdwal ®Many as0 i of au0 6uole pugs _.. Y AHAV-09-008-L ' w0rti8ne•NU" 932 582 36 MARTIN YARNALL 15 ENCORE CT #236 NEWPORT BEACH, CA 92663 932 582 38 RESIDENT 12 ENCORE CT NEWPORT BEACH, CA 92663 932 582 39 RESIDENT 11 ENCORE CT NEWPORT BEACH, CA 92663 932 582 41 RESIDENT 9 ENCORE CT NEWPORT BEACH, CA 92663 932 582 42 WATHIQ BILBEISI 1848 GALAXY DR NEWPORT BEACH, CA 92660 932 582 44 MICHAEL C MOLSEED 6 ENCORE CT NEWPORT BEACH, CA 92663 932 582 46 JAMES E & K S ASHTON 745 N HEWES ORANGE, CA 92867 932 582 47 RESIDENT 3 ENCORE CT NEWPORT BEACH, CA 92663 932 582 49 RESIDENT 1 ENCORE CT NEWPORT BEACH, CA 92663 932 582 51 RESIDENT 109 COLUMBIA ST NEWPORT BEACH, CA 92663 widn-dod piogw a! ialanai luawa6jey) P i ap SUBS @09LS @,kH3AV l!jege6 al zas!!i ap u! ;e wny�ey e! a za6daa v ' ua!ad a sane; soUernb 932 582 36 RESIDENT 15 ENCORE CT NEWPORT BEACH, CA 92663 932 582 38 ROBERT ALLAN FOX PO BOX 50862 IRVINE, CA 92619 932 582 40 RESIDENT 10 ENCORE CT NEWPORT BEACH, CA 92663 932 582 41 SCOTT W KLIMCZAK 9 ENCORE CT 4241 NEWPORT BEACH, CA 92663 932 582 43 RESIDENT 7 ENCORE CT NEWPORT BEACH, CA 92663 932 582 45 DIANE WEINSHEIMER 5 ENCORE CT #245 NEWPORT BEACH, CA 92663 932 582 46 RESIDENT 4 ENCORE CT NEWPORT BEACH, CA 92663 932 582 48 RYAN ZUGICH 2 ENCORE CT NEWPORT BEACH, CA 92663 932 582 50 DICK HOLSINGER 11268 MAINSAIL LN ANACORTES, WA 98221 932 582 51 SEAN FALLWOFIELD 3953 BLEDSOE AVE LOS ANGELES, CA 90066 932 582 37 ANNE M ALEXANDER 14 ENCORE CT NEWPORT BEACH, CA 92663 932 582 39 GEORGE SALAPSKI 18111 BENETA WAY TUSTIN, CA 92780 932 582 40 SJT LLC 22 DEER CREEK LN MOUNT KISCO, NY 10549 932 582 42 RESIDENT 8 ENCORE CT NEWPORT BEACH, CA 92663 932 582 43 STEFANI TAJIK 2111 PASEO DEL ORO SAN JOSE, CA 95124 932 582 45 RESIDENT 5 ENCORE CT NEWPORT BEACH, CA 92663 932 582 47 PATRICK M MCLAUGHLIN 54 VIA CARTAMA SAN CLEMENTE, CA 92673 932 582 49 CO PUTNAM 1 WALL ST 95TH NEW YORK, NY 10005 932 582 50 RESIDENT 111 COLUMBIA ST NEWPORT BEACH, CA 92663 932 582 52 KATHRYN C STJAMES 107 COLUMBIA ST NEWPORT BEACH, CA 92663 7 wa0965 7 w,e6N d0 -dod asodxa jaded Pal F p09LS ale!dwel ®Many asL ®db�A�� i of ou0 6uoie 0uaa Y AN3/1tl-09-OOB-I ' worAjane'NU" 932 582 53 RESIDENT 105 COLUMBIA ST NEWPORT BEACH, CA 92663 91258255 RESIDENT 101 COLUMBIA ST NEWPORT BEACH, CA 92663 932 582 56 RESIDENT 18 KAMALII CT NEWPORT BEACH, CA 92663 932 582 58 ERIC B FINLEY 20 KAMALII CT 4258 NEWPORT BEACH, CA 92663 932 582 59 RESIDENT 21 KAMALII CT NEWPORT BEACH, CA 92663 932 582 61 WILLIAM H REVEAL 33692 BLUE LANTERN ST DANA POINT, CA 92629 932 582 63 D J HERZOG 17 KAMALII CT NEWPORT BEACH, CA 92663 932 582 65 RESIDENT 15 KAMALD CT NEWPORT BEACH, CA 92663 932 582 66 RESIDENT 14 KAMALII CT NEWPORT BEACH, CA 92663 932 582 68 RESIDENT 11 KAMALII CT NEWPORT BEACH, CA 92663 wjdfl-dod pjogw al ja!i)naj luwsue 43 a ®09L5 ®AN3Atll!jege6 al zas!!!; ap uge.wng3ey el a za!!dem p 5 ' ja!ad a seine; sonanb! 932 582 53 STEPHEN P BERGEN 501 PROMONTORY DR E NEWPORT BEACH, CA 92660 932 582 55 SUSANA E TAMAYO 2425 MISSION ST #1 SAN MARINO, CA 91108 932 582 57 JIM CARLSON PO BOX 367 CORONA DEL MAR, CA 92625 932 582 58 RESIDENT 20 KAMALE CT NEWPORT BEACH, CA 92663 932 582 60 C M LERNER 22 KAMALII CT NEWPORT BEACH, CA 92663 932 582 62 KENT BRITTAIN PO BOX 2504 NEWPORT BEACH, CA 92659 932 582 64 BRIAN SCOTT WEISS 2227 HOLLY LN NEWPORT BEACH, CA 92663 93258265 STEVEN S K LIN 15 KAMALII CT #265 NEWPORT BEACH, CA 92663 932 582 67 RESIDENT 12 KAMALII CT NEWPORT BEACH, CA 92663 932 582 69 LOUIS T DULIEN II 2906 SE LOOP 820 #G FORT WORTH, TX 76140 932 582 54 C HDEVRIES 103 COLUMBIA ST NEWPORT BEACH, CA 92663 932 582 56 MARIA HELENA STANLEY 18 KAMALII CT #256 NEWPORT BEACH, CA 92663 932 582 57 RESIDENT 19 KAMALII CT NEWPORT BEACH, CA 92663 932 582 59 JOHN B & KAELIN C CURRIE 21 KAMALII CT #259 NEWPORT BEACH; CA 92663 932 582 61 RESIDENT 23 KAMALII CT NEWPORT BEACH, CA 92663 932 582 62 RESIDENT 24 KAMALII CT NEWPORT BEACH, CA 92663 932 582 64 RESIDENT 16 KAMALII CT NEWPORT BEACH, CA 92663 932 582 66 BRYAN UECKER 12 KAMALII CT NEWPORT BEACH, CA 92663 932 582 68 JEFFREY M LOBOSKY 20335 PORTSIDE DR WALNUT, CA 91789 932 582 69 RESIDENT 10 KAMALII CT NEWPORT BEACH, CA 92663 7 wj0965 e 7 wja6N dn-dod asodxa jaded paaj P 00915 aleldwal @AiaAV as, Easy Peel® Labels Use Avery® Template 51600 932 582 70 NISSA G MYER 9 KAMAL.II CT #270 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 A ® Bend along line to Feed Paper expose Pop -Up EdgeT^ 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 A VERY® 5960* 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 9275 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 93258293 932 582 83 DENNIS L DILLEY RESIDENT 819 FRANKFORT AVE 24 ESCAPADE CT HUNTINGTON BEACH, CA 9264, NEWPORT BEACH, CA 92663 932 582 84 RESIDENT 25 ESCAPADE CT NEWPORT BEACH, CA 92663 932 582 87 MICHAEL P GUBBINS 18 ESCAPADE CT #287 NEWPORT BEACH, CA 92663 93259289 ' 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 #107 ANAHEIM, CA 92806 Etiquettes faciles a peter I A Repliez 6 la hachure afin de ; www -avery rnn, I Itilisoo In nnl+e.ia nvcov& c -+cn6e Sens de Easy Peel® Labels i A ® Bend along line to i Q (� /��® 5960*" Use Avery® Template 5160® Feed Paper © expose Pop -Up Edger" 932 582 90 932 58291 93258292 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 4295 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 #538 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 Ctiquettes faciles a peler ; 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Easy Peel® Labels A ® Bend along line to i AVER Y@ 5960w Use Avery® Template 51606 Feed Paper � expose Pop-Up Edgerm 933 94103 933 941 03 933 941 04 MARTIN V & MELINDA M RESIDENT PASCAL & AGNES L TRAM MARTEN 115 40TH ST 7 HIBISCUS PO BOX 287 NEWPORT BEACH, CA 92663 IRVINE, CA 92620 SPIRIT LAKE, IA 51360 933 941 04 933 94107 933 941 07 RESIDENT LOUIS LOPEZ RESIDENT 115 40TH ST 1/2 129 39TH ST #A 129 39TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 933 94108 933 94108 ZAKI RESIDENT 8 N SLOPE LN 129 39TH ST 1/2 POMONA, CA 91766 NEWPORT BEACH, CA 92663 PA2011 -107 MORNINGSIDE DA CREATED JUNE 1, 2011 39TH Street ttiquettes faciles i peler I Repliez a la hachure afin de i www.avery.com ...... _ Sens de .. . _ .. _.. _. Easy Peel® Labels i A NOW Bend along line to o A /�Ch2Y@ 5966*"' Use Avery® Template 51600 A Feed Paper expose Pop -Up EdgeTM b 423 307 12 423 30805 423 308 05 RAYMOND R & DEBORAH A MICHAEL K O'MALLEY RESIDENT SCHARFE 206 39TH ST 206 39TH ST 1/2 273 GOLDENROD ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 BREA, CA 92821 423 30806 423 308 07 423 308 09 ANDREW L GREEN GARY R & C D KOLLER NICHOLA C GURMIN 3810 BALBOA BLVD W 3811 RIVER AVE 214 JACARANDA PL NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 FULLERTON, CA 92832 423 308 09 423 308 10 423 308 10 RESIDENT SCOTT C RICHARDSON RESIDENT 205 38TH ST 15978 VIRGINIA POINT RD NE 207 38TH ST NEWPORT BEACH, CA 92663 POULSBO, WA 98370 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 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 TOL.MAN 3214 OCEAN FRONT W 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 423 313 08 RESIDENT 4001 SEASHORE DR B NEWPORT BEACH, CA 92663 Etiquettes faciles a peler ; A Repliez a la hachure afin de ; www.avery.com I_ i Sensde , . —... . - .. _.. Easy Peel® Labels i A ® Bend along line to V 5960^° Use Avery® Template 51600 Feed Paper expose Pop-Up Edgelm lJ 423 31308 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 32103 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 32106 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 423 321 07 423 321 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 32109 423 32109 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 32111 423 321 12 423 321 12 DAVID F DIAMOND T MUTHU KUMAR RESIDENT Ill 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 32115 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 ttiquettes faciles a peler A Repliez A la hachure afin de ; vvww.averycom ._... Sens de Easy Peel® Labels i © ® Bend along line to i A /ERVO 5960M Use Avery® Template 51600 b Feed Paper expose Pop -Up EdgeTM h - 423 321 16 RICHARD B SWINNEY 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 32203 EDWARD JOSEPH VERGARA RESIDENT 5 83 1 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 32205 RESIDENT 122 39TH ST NEWPORT BEACH, CA 92663 423 322 08 JUNE PARTNERSHIP 3419 VIA LIDO #617 NEWPORT BEACH, CA 92663 423 32209 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 32205 WILLIAM P WEIR 125 EMERALD BAY LAGUNA BEACH, CA 92651 423 322 07 U8 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 Etiquettes faciles a peler I A Repliez 6 la hachure afin de i www.avery.com ...... I . .. - ..__..n ____n Sens de Easy Peel® labels i A ® Bend along line to ❑ AVERV@ 5960w i Use Avery® Template 51600 Feed Paper expose Pop -Up EdgeTM ® 1 423 322 13 JOAN MONICA WAKEN 115 38TH ST NEWPORT BEACH, CA 92663 423 322 14 RESIDENT 117 38TH ST. NEWPORT BEACH, CA 92663 423 32216 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 423 323 01 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 32306 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 32220 RESIDENT 129 38TH ST B NEWPORT BEACH, CA 92663 423 32301 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 32305 TORY SIRKIN RESIDENT 612 11 TH 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 45 GLENDALE, CA 91203 423 323 06 RESIDENT 3705 BALBOA BLVD B NEWPORT BEACH, CA 92663 423 32309 RESIDENT 120 38TH ST NEWPORT BEACH, CA 92663 kicjuettes faciles i peler^ i senAs de Repliez 6 la hachure afin de www.avery.conn Easy Peel® Labels i A ® Bend along line to I Use Avery® Template 51600 b Feed Paper expose Pop -Up Edge^ 423 32309 423 323 10 RESIDENT II8 -38TH ST LLC 120 38TH ST 1/2 118 38TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 323 12 423 323 12 ANNETTE O'KEEFE MARTIN RESIDENT 6910 FERNCROFT AVE 114 38TH ST SAN GABRIEL, CA 91775 NEWPORT BEACH, CA 92663 423 323 13 423 323 14 RESIDENT RANGER 112 38TH ST 3710 SEASHORE DR NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 323 15 423 323 15 DAVID J PRICKETT RESIDENT PO BOX 9884 3704 SEASHORE DR NEWPORT BEACH, CA 92658 NEWPORT BEACH, CA 92663 423 323 16 423 323 16 KENNETH L RAWSON RESIDENT PO BOX 1221 111 37TH ST B NEWPORT BEACH, CA 92659 NEWPORT BEACH, CA 92663 423 323 17 423 323 17 ANNA M COOK RESIDENT 11119 EL ARCO DR 115 37TH ST WHITTIER, CA 90604 NEWPORT BEACH, CA 92663 423 323 18 423 323 19 RESIDENT EDWARD JOHNSON 117 37TH ST 120 39TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 323 20 423 32320 DAVID B HAKEWESSELL RESIDENT 1252 W PARK WESTERN DR 994 121 37TH ST A SAN PEDRO, CA 90732 NEWPORT BEACH, CA 92663 423 324 01 JOFFREY LUPUL 0 36TH ST NEWPORT BEACH, CA 92663 423 32402 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 A VERY® 596010 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 11 1 37TH ST A NEWPORT BEACH, CA 92663 423 323 18 THOMAS W SUMNIERFIELD PO BOX 2767 SANTA FE SPRINGS, CA 90670 423 323 19 RESIDENT 119 37TH ST NEWPORT BEACH, CA 92663 423 32320 RESIDENT 121 37TH ST B NEWPORT BEACH, CA 92663 423 32402 KHALDOUN S SROUJIEH 1733 MELWOOD DR GLENDALE, CA 91207 423 324 03 RESIDENT 3711 SEASHORE DR NEWPORT BEACH, CA 92663 ttiquettes faciles A peler ; A Repliez 5 la hachure afin de ; www.averycom Sens de .. . _ .. _.. Easy Peel© Labels _ I & ® Bend along line to Use Avery® Template 51600 Feed Paper - expose Pop -Up EdgeTM 423 324 04 423 324 04 WARREN FULMER RESIDENT 16 VIA DIAMANTE 3709 SEASHORE DR NEWPORT COAST, CA 92657 NEWPORT BEACH, CA 92663 423 324 06 423 324 06 WILLIAM C Y LEE RESIDENT 4435 DEER RIDGE RD 3705 SEASHORE DR DANVILLE, CA 94506 NEWPORT BEACH, CA 92663 423 324 07 423 32408 RESIDENT ARCH ROCK LLC 3703 SEASHORE DR 2101 E COAST HWY #300 NEWPORT BEACH, CA 92663 CORONA DEL MAR, CA 92625 423 325 01 423 32501 NASIR MUSA Y RESIDENT 335 SHARON RD 3815 SEASHORE DR ARCADIA, CA 91007 NEWPORT BEACH, CA 92663 423 32502 423 32503 RESIDENT SERGIO AVILA 3811 SEASHORE DR 1/2 3809 SEASHORE DR NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 32505 423 325 05 MONICA S MOY RESIDENT 53 VERNAL SPG 3805 SEASHORE DR IRVINE, CA 92603 NEWPORT BEACH, CA 92663 423 32506 423 325 07 RESIDENT SCOTT B SHERMAN 3803 SEASHORE DR PO BOX 77337 NEWPORT BEACH, CA 92663 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 Etiquettes faciles 6 peler 423 32603 BARRY J FIELDMAN 2061 TROON DR HENDERSON. NV 89074 423 32605 3907 SEASHORE PROPERTIES LLC 1698 ROSEMIST LN CHINO HILLS, CA 91709 Sens de Repliez a la hachure afin de IGp fl, ERVq� 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 3.701 SEASHORE DR NEWPORT BEACH, CA 92663 423 325 02 TORIN W PAVIA 3811 SEASHORE DR NEWPORT BEACH, CA 92663 423 325 04 ANITA M DORNEY 3807 SEASHORE DR NEWPORT BEACH, CA 92663 423 325 06 PLATT- 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 423 326 05 RESIDENT 3907 SEASHORE DR NEWPORT BEACH, CA 92663 www.avery.com Easy Peel® Labels Use Avery® Template 51600 423 3260 6 JOHN K OBRIEN 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 I I A 933 94046 RIMMER 278 MORNING CANYON RD CORONA DEL MAR, CA 92625 933 94057 CHRIS SCHROEDER 21184 DEERPATH LAKE FOREST, CA 92630 933 940 61 MICHAEL P THIELEN 2610 VANDERBILT IN #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 94094 RESIDENT 120 40TH ST NEWPORT BEACH, CA 92663 A ® Bend along line to Feed Paper expose Pop -Up EdgeTM 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 SAVER Y05g6oraj 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 94092 PAULAJLEYTON 18402 W TERRACE LN YORBA LINDA, CA 92886 933 94094 JEFFREY B CUNNINGHAM 129 KAREN WAY ATHERTON, CA 94027 933 94095 RESIDENT 120 40TH ST 1/2 NEWPORT BEACH, CA 92663 @tiquettes faciles A peler I A Repliez,) la hachure afin de ; www.avery.com 1-11(l I. 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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 1142 11 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 9260`• 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 114 211 30 RESIDENT 5000 RIVER AVE NEWPORT BEACH, CA 92663 114 211 32 DL &QAROGERS 11020 MUIRFIELD 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 5004 RIVER AVE NEWPORT BEACH, CA 92663 114211 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 Etiquettes faciles a peler I A Repliez a la hachure afin de i www.averycom , Sens de _�..<----- __I__�.,__ "_" i .onn 1�nvcov Easy Peel® labels Use Avery® Template 51600 114 211 36 D & K JOHNSON 4832 RIVER AVE NEWPORT BEACH, CA 92663 114 211 39 JUDY ANNE WHITE 4820 RIVER AVE NEWPORT BEACH, CA 92663 i e 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 114 211 46 SANDS COMMUNITY ASSN LIDC: 0 PO BOX 1373 NEWPORT BEACH, CA 92659 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 ® Bend along line to Feed Paper expose Pop -Up EdgeTm a 114 21137 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 114 211 44 RESIDENT 4800 RIVER AVE NEWPORT BEACH, CA 92663 424 411 01 VINCENT HUGH ZEAMERER 224 48TH ST NEWPORT BEACH, CA 92663 114 211 38 GREGORY M ENRIQUEZ 4824 RIVER AVE NEWPORT BEACH, CA 92663 114 211 41 RESIDENT 4812 RIVER AVE NEWPORT BEACH, CA 92663 114 211 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 04 424 411 04 BERNARD SUBKOSKI RESIDENT 2968 PASSMORE DR 4709 RIVER AVE LOS ANGELES, CA 90068 NEWPORT BEACH, CA 92663 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 JOIN B WALDRON 1848 PORT TAGGART PL NEWPORT BEACH, CA 92660 424 411 11 GILES F ALLISON 2112 FELIPE NEWPORT BEACH, CA 92660 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 Etiquettes faciles a peler m Repliez a la hachure afin de www.averycom ...__..rs ____m Sensde Easy Peel® Labels i 0 ® Bend along line to I Use Avery® Template 51600. A, Feed Paper expose Pop-Up EdgeTm 424 411 12 424 414 01 JAMES A ANDERSON RESIDENT 4708 NEPTUNE AVE 4718 SEASHORE DR NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 424 414 02 42441401 RESIDENT A & W LLC 4714 SEASHORE DR 6720 N SCOTTSDALE RD #130 NEWPORT BEACH, CA 92663 PARADISE VALLEY, AZ 85253 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 fflr1vt -17Y� •.i 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 HDELZEL 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 MCCAFFRE'. CAROL WIOR PO BOX 267 7533 GAPFIELD AVE WASCO, CA 93280 BELL GARDENS, CA 90201 424 454 02 BEVERLY A EVANS 4709 SEASHORE DR NEWPORT BEACH, CA 92663 424 454 03 RESIDENT 4707 SEASHORE DR NEWPORT BEACH, CA 92663 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 #9501 MESA, AZ 85210 Etiquettes faciles a peter ; A Repliez a la hachure afin de www.aveiycom ...... .....__..�, -'--B' Sens de . .. . . - ...,,,, Easy Peel® Labels i A ® Bend along line to AVERY @ 5960w Use Avery® Template 51600 Feed Paper m expose Pop -Up EdgeTM 1 424 454 04 LEE JAY GITTLEMAN 4705 SEASHORE DR 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 424 454 05 ELEANOR TODD 4703 SEASHORE DR NEWPORT BEACH, CA 92663 424 461 06 RESIDENT 5001 RIVER AVE NEWPORT BEACH, CA 92663 424 462 01 RUPERTJOSEPH 4923 RIVER AVE NEWPORT BEACH, CA 92663 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 04 424 462 04 CHARLES S MANNING RESIDENT . 29214 OLD WRANGLER RD 4911 RIVER AVE CANYON LAKE, CA 92587 NEWPORT BEACH, CA 92663 424 462 05 RESIDENT 4907 RIVER AVE NEWPORT BEACH, CA 92663 424 462 06 RESIDENT 275 49TH ST 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 07 424 462 07 CHARLES A DARQUEA RESIDENT 3733 MACBETH DR 4900 NEPTUNE AVE SAN JOSE, CA 95127 NEWPORT BEACH, CA 92663 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 MARK POUND PO BOX 1712 NEWPORT BEACH, CA 92659 424 462 09 RESIDENT 4904 NEPTUNE AVE NEWPORT BEACH, CA 92663 424 462 11 DAVID CHARLES SEYLLER PO BOX 18020 IRVINE, CA 92623 424 462 12 RESIDENT 4910 NEPTUNE AVE NEWPORT BEACH, CA 92663 @tiquettes faciles A peler ; A Repliez 5 la hachure afin de www.avery.com I. . .. -..__..rn .... a Sens de. _....----- -- `- .._,,. . onn 1., ,...tee.. Easy Peel® labels i ® Bend along line to i a A� (RY@ Sg6ow Use Avery® Template 51600 Feed Paper expose Pop -Up Edgew b 11 42,446301 RSIDENT 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 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 15 FRANK CHEE 16922 NEW PINE DR HACIENDA HEIGHTS, CA 91745 42446302 NEWPORT RIVER RE HOLDINC 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 42446306 RESIDENT 4815 RIVER AVE 1/2 NEWPORT BEACH, CA 92663 424 463 08 RESIDENT 4805 RIVER AVE NEWPORT BEACH, CA 92663 42446309 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 RESIDENT 4812 NEPTUNE AVE NEWPORT BEACH, CA 92663 Etiquettes faciles i peler i A ftepliez A la hachure afin de i www.avery.com . .. .. .__..r, ----`°' Sens de . ......- -_ , e.... __ ,...tee.. Easy PeelO Labels Use AveryO Template 51600 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 D ® Bend along line to Feed Paper expose Pop -Up EdgeTM d 424 464 05 JERRY MORTER 433 W BROOKDALE PL FULLERTON, CA 92832 424 464 06 VELMAN WELTMER 2900 REDWOOD CIR FULLERTON, CA 92835 M =1� 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 RESIDENT 4904 SEASHORE DR NEWPORT BEACH, CA 92663 424 464 13 RESIDENT 4812 SEASHORE DR NEWPORT BEACH, CA 92663 424 464 14 RESIDENT 4808 SEASHORE DR NEWPORT BEACH, CA 92663 424 464 16 RESIDENT 4800 SEASHORE DR NEWPORT BEACH, CA 92663 930 614 01 STARLENE LICUDINE 1633 ARCH BAY DR NEWPORT BEACH, CA 92660 930 614 39 MICHAEL J DOMINGUEZ 4900 SEASHORE DR #A NEWPORT BEACH, CA 92663 930 614 40 SONNY GOODMAN 4900 SEASHORE DR #B NEWPORT BEACH, CA 92663 424 464 12 AMEN WARDY 3535 E COAST HWY #363 CORONA DEL MAR, CA 92625 424 464 13 SCIPIO M CARNECCHIA 2484 RAMONA ST PALO ALTO, CA 94301 424 464 15 HOFFNAGLE 2906 CANTO DE LOS CIERVOS SAN CLEMENTE, CA 92673 424 464 16 RONALD 280 GARNET AVE NEWPORTBEACH, CA 92662 930 614 02 DAVID M THOMAS 10786 N EAGLE CREST IN FRESNO, CA 93730 930 614 39 RESIDENT 4900 SEASHORE DR NEWPORT BEACH, CA 92663 930 614 44 RESIDENT 4820 SEASHORE DR 1/2 NEWPORT BEACH, CA 92663 Etiquettes faciles a peter ; & Repliez a la hachure afin de i www.averycom . .. ...___.n ---- n Sens de - __l. AC.....J I.TM i i_unn- rn_evcav Easy Peel@ Labels i A ® Bend along line to I Use Avery@ Template 51600 b Feed Paper expose Pop -Up Edgelm 423 14323 423 14324 SHARRON L HETZEL RAYMOND HOLDSWORTH 109 VIA DIJON 2116 VIA RIVERA NEWPORT BEACH, CA 92663 PALOS VERDES ESTATES, CA 90274 423 14325 PETER BERG 101 VIA DIJON NEWPORT BEACH, CA 92663 423 14402 RESIDENT 206 VIA LIDO NORD NEWPORT BEACH, CA 92663 42" ) 144 04 RESIDENT 210 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 14407 BRYN .THAN VAN HIEL 216 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 144 10 RICHARD A BREWER 222 VIA LIDO NORD NEWPORT BEACH, CA 92663 935 88002 RESIDENTT 104 VIA ANTIBES NEWPORT BEACH, CA 92663 935 880 03 VIRGINIA DEY 1225 BAYSIDE DR 4205 CORONA DEL MAR, CA 92625 938 89002 MENGES 8650 SOLERA DR SAN JOSE, CA 95135 938 89004 RESIDENT 125 VIA ANTIBES NEWPORT BEACH, CA 92663 aAVERV@ 5960^x'' 423 143 24 RESIDENT 107 VIA DIJON NEWPORT BEACH, CA 92663 423 14401 423 14402 EVELYN L TARZIAN JOYCE BIRNKRANT 204 VIA LIDO NORD 12620 NICKLAUS LN NEWPORT BEACH, CA 92663 TUSTIN, CA 92782 423 14403 JANET K SHAW 208 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 14405 SC.HOCK 212 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 14408 RESIDENT 218 VIA LIDO NORD NEWPORT BEACH, CA 92663 935 880 01 MAXINE MORRISON 177 RIVERSIDE AVE 91084 NEWPORT BEACH, CA 92663 935 880 02 VIRGINIA DEY 1225 BAYSIDE DR CORONA DEL MAR, CA 92625 938 89001 JEAN E ALLAN 860 MORNINGSIDE DR #C320 FULLERTON, CA 92835 938 89002 RESIDENT 119 VIA ANTIBES NEWPORT BEACH, CA 92663 938 89005 RESIDENT 127 VIA ANTIBES NEWPORT BEACH, CA 92663 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 89003 RESIDENT 121 VIA ANTIBES NEWPORT BEACH, CA 92663 938 89006 D M ALLAN 123 VIA ANTIBES NEWPORT BEACH, CA 92663 PA2011 -107 - MORNINGSIDE DA 10C 1:102 XIA ANTIBES, 208 VIA LIDO SOUR CREATED: JUNE 1, 2011' ttiquettes faciles a peler I Replfez A la hachure afin de ; 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www.avery.com _ .....__ „n _.....ra Sens de Easy Peel® Labels i A ® Bend along line to I Q �Q1J[��fB 5960^" Use Avery® Template 51600 A Feed Paper expose Pop -Up EdgeTM h 423 13201 423 13202 423 13202 RESIDENT RESIDENT RESIDENT 104 VIA LIDO SOUR 101 VIA LIDO NORD 100 VIA LIDO SOUD NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 13202 423 13202 423 13203 RESIDENT SWANCUTT LLC JAMES L & MARGARET BEREN; 102 VIA LIDO SOUD 9099 BLACKBIRD AVE 25242 SPINDLEWOOD NEWPORT BEACH, CA 92663 FOUNTAIN VALLEY, CA 92708 LAGUNA NIGUEL, CA 92677 423 13203 423 13205 423 13205 RESIDENT HOUSE L P COUNTRY RESIDENT 111 VIA LIDO NORD 4601 ROXBURY RD 105 VIA ANTIBES NEWPORT BEACH, CA 92663 CORONA DEL MAR, CA 92625 NEWPORT BEACH, CA 92663 423 13206 423 13206 423 13206 MARY J ROGERS RESIDENT RESIDENT 2183 SILVERADO ST 101 VIA ANTIBES 1/2 101 VIA ANTIBES SAN MARCOS, CA 92078 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 132 06 423 13301 423 133 01 RESIDENT BARBARA B SOROS RESIDENT 103 VIA ANTIBES 9662 VILLA WOODS DR 112 VIA ANTIBES NEWPORT BEACH, CA 92663 VILLA PARK, CA 92861 NEWPORT BEACH, CA 92663 423 133 02 423 13302 423 133 04 RESIDENT ROSALYN L BINNING DANIEL D MURPHY 108 VIA ANTIBES 108 VIA ANTIBES #C 121 36TH ST NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 133 04 423 13304 423 133 04 RESIDENT RESIDENT RESIDENT 102 VIA ANTIBES 208 VIA LIDO SOLID 100 VIA ANTIBES NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 13401 423 13402 423 13403 ROGER K DUERR EDWARD B ROBINSON TWIST 203 VIA LIDO SOUD 205 VIA LIDO SOUD 209 VIA LIDO SOUD NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 13404 423 13405 423 134 06 ROBERT E DODDS HENRI V CHOMEAU DONALD SPITZ 213 VIA LIDO SOUD 215 VIA LIDO SOUD 219 VIA LIDO SOUD NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 423 135 01 423 136 01 423 13601 RESIDENT JOYCE REAUME RESIDENT 200 VIA LIDO NORD 1140 REXFORD AVE 204 VIA ANTIBES 1/2 NEWPORT BEACH, CA 92663 PASADENA, CA 91107 NEWPORT BEACH, CA 92663 Etiquettes faciles a peler ; Repliez a la hachure afin de 1 www.avery.com 1.:1 :­ i......"...:. n"cov ®..CA@ i .Sens de ,A.Al -1e. kw Ao,ai I..TM i i_unn_Gn_A \ /Cov Easy Peel® Labels i A ® Bend along line to I Qj�}�® 5960*"' Use Avery® Template 51600 d Feed Paper © expose Pop -Up Edge" b 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 423 141 01 423 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 423 141 04 423 14105 423 141 06 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 423 141 07 423 14107 423 141 09 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 423 141 09 423 141 11 423 14111 RESIDENT MORRIS GORDON BAGNE JR. RESIDENT 305 VIA LIDO SOUD 801 S ACACIA AVE 231 VIA LIDO SOUD 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 111 VIA CORDOVA NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92663 Etiquettes faciles h peler A Repliez a la hachure afin de ; www.averycom ...�.......�...,nx �. �..nw Sens de _<:.<i_'``._�„__i�_.M i 4_onnrn_AVOOV Easy Peel® Labels L44r vg z T�mplate 5160® CLASEN 107 VIA CORDOVA NEWPORT BEACH, CA 92663 423 14302 JAMES PRENTISS ARNOLD 104 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 05 METZGER 100 OAK FOREST CIR GLENDORA, CA 91741 423 143 06 RESIDENT 114 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 08 HARTLEY J LANCASTER 234 E 17TH ST #118 COSTA MESA, CA 92627 423 143 10 JEFFREY STOLROW 5491 MONTECITO DR SIERRA VISTA, AZ 85635 s 423 143 12 REAGAN PAUL CONNALLY JR. 210 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 16 RESIDENT 217 VIA DIJON NEWPORT BEACH, CA 92663 423 143 18 DANIEL HOLLANDER 16787 BEACH BLVD HUNTINGTON BEACH, CA 92647 423 143 20 GRAY 203 VIA DIJON NEWPORT BEACH, CA 92663 A Send along line to - Feed Paper, expose Pop -Up EdgeTM b .423 142 13 WESTERING 222 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 143 03 DELONE GREEN 106 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 05 RESIDENT 110 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 07 DANIEL D MURPHY 121 36TH ST NEWPORT BEACH, CA 92663 423 143 08 RESIDENT 202 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 10 RESIDENT 206 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 13 MAHMOUD I ELGUINDY 225 VIA LIDO NORD NEWPORT BEACH, CA 92663 423 143 17 JACK FROST 4102W KLING ST BURBANK, CA 91505 423 143 18 RESIDENT 213 VIA DIJON NEWPORT BEACH, CA 92663 423 14321 CARL W GRODACH JR. 117 VIA DIJON NEWPORT BEACH, CA 92663 SAVERVO5960M' 423 14301 BARBARA J TURNER 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 423 143 07 RESIDENT 200 VIA CORDOVA NEWPORT BEACH, CA 92663 423 143 09 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 @tiquettes faciles ) peler ; A Repliez a la hachure afin de i www.averycom i Sens de ._..�i_ i..._....a o...._n.am i T_nnn_rn_A\ /CGV Easy Peel® Labels Use Avery® Template 51600 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 24104 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 i b 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 ® Bend along lineto Feed Paper expose Pop -Up Edger b 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 aAVERY@ 5960w 423 216 15 HENRY ROSS ESCALETTE 515 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 24103 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 HII LCREST AVE LA CANADA, CA 91011 PA2011 -107 — MORNINGSIIDE I 533 Via Lido Soud Created: June 1, 2011 Etiquettes fa[iles peter I Repliez a la hachure An de www.avery.com ...... .. _..__.,n _. __n Sens de _... -'__ �__ i_nnn_rn_AVCnv Easy Peel® Labels A ® Bend along line to i A /CRY@ 5960w Use AveryO Template 51600 Feed Paper ® expose Pop -Up Edgelm b 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 423 205 01 RESIDENT 511 VIA LIDO SOUD NEWPORT BEACH, CA 92663 423 21104 LINDA J A RICHLEY 451 VIA LIDO SOUD 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 423211-02 JOHANNA GUINEVERE STAPL 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 423 213 08 ALEXANDRA CHEBIL - DILLON 106 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 09 ARTHUR C VIGIL 104 VIA MENTONE NEWPORT BEACH, CA 92663 ttiquettes faciles a peler a ; 0 Repliez 5 la hachure afin de www.averycom C.C.G i Sensde Easy Peel® labels Use Avery® Template 51600 423 213 10 FRANK C CHILDS 520 VIA LIDO SOLID 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 1- NEWPORT BEACH, CA 92663 42121609 EDWARD W COOK III 503 REDLANDS AVE NEWPORT BEACH, CA 92663 42121610 SHERIE A CHRISTENSEN 116 VIA LORCA NEWPORT BEACH, CA 92663 A ® Bend along line to Feed Paper ® expose Pop -Up Edge7m 423 213 11 JOHN RALLIS 124 VIA MENTONE NEWPORT BEACH, CA 92663 423 214 06 RESIDENT 1 I 1 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 SIiOCKLEY 523 VIA LIDO SOUD NEWPORT BEACH, CA 92663 G� �a.Vl l2Yo •.� 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 ttiquettes faciles a peler 0 Repliez a la hachure afin de i www.avery.com Sens de City Clerk's Office AFFIDAVIT OF POSTING On T y1.lL 0?3 , 2011, I posted the Notice of Public Hearing regarding: NOTICE OF PERIODIC COMPLIANCE REVIEW OF MORNINGSIDE RECOVERY, LLC DEVELOPMENT AGREEMENT NO. 2010 -001 (PA2011 -107) Locations: 4823 A & B River Avenue 29 Ima Loa Court 100 -102 Via Antibes and 208 Via Lido Soud 533 Via Lido Soud Date of City Council Public Hearing: June 14, 2011 _,m!, /t - -�= City Clerk's Office AFFIDAVIT OF POSTING On �i , 2011, I posted the Notice of Public Hearing regarding: Notice of Periodic Compliance Review of Morningside Recovery, LLC Development Agreement No. 2010 -001 (PA2011 -107) Date of City Council Public Hearing: June 14, 2011 � I / City Clerk's Office AFFIDAVIT OF POSTING On E5104�- 1 , 2011, I posted the Notice of Public Hearing regarding: Via Lido Amendments (PA2011 -024) Date of City Council Public Hearing: June 14, 2011 City of Newport Beach City Council Meeting of June 14, 2011 Morningside Recovery, LLC Periodic Compliance Review of Zoning Agreement Zoning Agreement Ordinance 2010 -18 adopted September 28, 2010 Provides Morningside with entitlement for the operation of residential care facilities in the City Establishes terms and Operational Conditions Provides for periodic compliance review PO ry �c r O .APB b . { try° top Al . lb SE CT f i!!il moo" 1�7 , Y 801/0 t • h Key Operational Conditions Condition No. i - Occupancy Level: 36 Clients/ Client Beds Citywide, no more than 30 in Peninsula Zone Condition No. 7 - Smoking & Tobacco Products: Secondhand smoke may not be detected off -site Condition No. 8 - Parking: Garages and other parking spaces must be available at all times Condition No. 9 - Client Transport: Van drivers required to respect all City rules Condition No. 3.2- Quiet Hours: Between 9:00 p.m. and 8:0o a.m. Violations of Conditions 1St NOV issued October 15, 2010 for failure to provide accessible garage parking space 4 NOV's issued November 2, 2010 for failure to comply with: • Condition No. j. (Occupancy) • Condition No. 8 (Parking) • Condition No. g (Transport) • Condition No. 13 (Route Plans) NOV's &Administrative Citations Condition No. 1- Occupancy Condition No. 6 —Trash Condition No. 7 - Smoking Condition No. 8 — Parking Condition No. 9— Client Transport Condition No. 12— Quiet Hours Condition No. 13 — Route Plans Condition No. 14 — Deliveries Condition No. 22— Local Laws Section N of ZA —Compliance 1 NOV 2 NOV's 2N OV's, 1 AC 4 NOV's 4 NOV's, 5 AC's 2 NOV's, 2 AC's 1 NOV 1 NOV, 2AC's 1 NOV, 4 AC's 1 NOV Total Notices Issued for Failure to Comply Between September 28, 2o10 and June 1o, 2011: 19 Notices of Violation 14 Administrative Citations 24 -hour Hotline Complaints regarding a Morningside facility may be registered at: brian@morningsiderecovery.com Complaints may also be registered with City's Code Enforcement Division at: 949-644-3215 r2� ill i 9 ��11[ _ y ' %1 r �• L. Numb �M- L _ �, l Recommendation 1. Determine Morningside is unable or unwilling to comply with Zoning Agreement z. Adopt Resolution, finding that Morningside has not demonstrated good faith compliance with Zoning Agreement 3. Direct staff to issue written notice to Morningside