Received after Agenda Printed
October 11, 2022
Non -Agenda Item
October 10, 2022
Newport Beach City Council
100 Civic Center Drive
Newport Beach, CA 92660
Re: Mistreatment of Newport Beach Residents
Dear Newport Beach City Council:
Oddly, you seem to think that ignoring your constituents and failing to address their concerns is a winning strategy. I wonder why elected officials would think so.
I am surprised that none of you can see that your City Attorney, Mr. Harp, is willfully misleading you. He wants you to think that two different issues are one and the same.
STRTPs and mental health facilities are not the same thing.
In fact, they are as different as a doctor's office and a massage parlor.
In fact, they are overseen by two different departments within the California state government.
In fact, there are at least three unlicensed and illegally operating STRTPs in Newport Beach.
Here is the address of three of the unlicensed facilities operating today by the Mental Health Collective:
• 1911 Kings Rd.
• 2282 Orchard Drive
• 519 Santa Ana Ave.
These illegal facilities are operating in our midst, near the schools where our kids play, and no one can figure out why Newport Beach won't shut them down.
Does the Council believe that these facilities are operating legally? Is there any evidence of any licenses having been granted for these facilities? Does the Council believe that it's okay to operate an STRTP without a license? Does the Council think it lacks the authority to shut down these facilities? Does the Council lack the understanding of how to shut down these facilities? Does the Council lack the manpower or resources needed to shut down these facilities? Is the Council afraid that the city will be sued for shutting down these facilities? Are members of the Council or Staff involved financially, or do they derive financial or other support from the operators of these facilities?
Instead of addressing these issues, the Newport Beach City Council thinks its citizens deserve to be ignored.
• My letter to the Council on August 31 was ignored. I received zero response. • My breakfast with Will O'Neill was ignored. He told me he is unable to report on internal communications with Mr. Harp.
• My report to the Newport Beach Police was ignored. They told me they would look into the matter, but they never followed up.
• My calls to code enforcement were ignored, despite threats that folks might end up in jail. • It's not just me! This has been a scourge in our city for many years. Everyone feels ignored or placated because they just don't understand.
Given my background in the media industry, my calls to news outlets like the Orange County Register and the Los Angeles Times have not been ignored.
The simple question you have been unwilling to answer is, "What is stopping you from shutting down these illegally operating facilities?"
To date, Mr. Harp has failed to answer questions from the Council or from me about the subject.
At the Council meeting on August 23, he provided a response that ignored the NB laws and seemed to support the MHC operating illegally, rather than support the concerns of the residents.
EXISTENCE IN A STATE LICENSING PROCESS IS NOT TANTAMOUNT TO OPERATING WITH A LICENSE.
Why do any of you think Newport Beach should ignore the city law and allow the illegal operation of the Mental Health Collective to ruin our neighborhoods with unlicensed drug and alcohol rehabilitation facilities?
And, despite Mr. Harp trying to convince me about MHC's waning interest in expensive coastal cities like Newport Beach, our problem (YOUR PROBLEM) is growing. We understand that affiliates of MHC purchased another residential home on Tustin and Clay, their fifth site, in Newport Beach.
Where is your civic pride? Why are you more concerned about them than us? Now, I demand answers from the Council, and so do the citizens of Newport Beach, who will not be ignored.
Regards,
('4" .5-i k L,
Eric Spitz
cc: Supervisor Katrina Foley
District Attorney Todd Spitzer
Adam Ehlmarek - LA Times
Teri Sforza - Orange County Register
Tom Johnson - Stu News
From: City Clerk"s Office
To: Mulvey, Jennifer; Rieff, Kim
Subject: FW: Shut down illegal facilities openly operating in Newport Beach. NOW Date: October 11, 2022 9:47:21 AM
Attachments: imacie001.png
From: [email protected]
Sent: Tuesday, October 11, 2022 9:47:07 AM (UTC-08:00) Pacific Time (US & Canada) To: Harp, Aaron ; Dept - City Council
; City Clerk's Office
Cc: 'District Attorney Todd Spitzer' ; [email protected] ; 'Rounaghi, Alex' ; 'Jane Spitz'
; 'Teri Sforza' ; [email protected]
; [email protected]
Subject: RE: Shut down illegal facilities openly operating in Newport Beach. NOW [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Good Morning Mr. Harp,
Thank you for your prompt reply. The contents of your note corroborate the accusations in my letter that you are willfully misleading the Council. I have reattached all of the folks from my note here, so they can better understand my plight. I have also reattached the Council and the Clerk's office to ensure that this matter gets calendared for tonight's meeting. It seems that perhaps, your response was meant to clear things up and avoid further discussion.
For the avoidance of doubt, your response below is disrespectful to anyone who understands the law. The status of the Mental Health's Collective's state license to operate a mental health facility is nice to hear, but totally irrelevant to their status as an illegal operator of STRTPs.
STRTPs and mental health facilities are not the same
thing. STRTPs are regulated by the CA Department of
Public Health.
Your words below continue to suggest you are trying to trick the Council. The licenses you say they are within moments of getting are admittedly NOT ISSUED YET, therefore the facilities are operating illegally. Further, the licenses you cite have zero authority over STRTPs.
Why should anyone care if an illegally operating massage parlor was within weeks of getting their restaurant license. That condition certainly doesn't allow them to continue running an illegal massage parlor. It doesn't even allow them to open a restaurant... yet.
Your continued reliance on non -facts and other -facts are so peculiar for someone in your position that they beg the question of why. Why can't you protect your citizens from these scofflaws. Why do you support them versus us?
And, most importantly, why won't you simply answer the questions I've asked over and over again.
Does the Council believe that these facilities are operating legally? Is there any evidence of any licenses having been granted for these facilities? Does the Council believe that it's okay to operate an STRTP without a license? Does the Council think it lacks the authority to shut down these facilities? Does the Council lack the understanding of how to shut down these facilities? Does the Council lack the manpower or resources needed to shut down these facilities?
Is the Council afraid that the city will be sued for shutting down these facilities? Are members of the Council or Staff involved financially, or do they derive financial or other support from the operators of these facilities?
I expect that the Council will have the courtesy, and good election sense to address this issue tonight in the regular session. I will be there, with an army of citizens who would like to get some answers.
Regards,
Eric
From: Harp, Aaron
Sent: Tuesday, October 11, 2022 9:02 AM
To: [email protected]
Subject: RE: Shut down illegal facilities openly operating in Newport Beach. NOW Good morning Mr. Spitz,
As an update, I spoke with the Department of Social Services this morning and they verified that the Mental Health Collective completed all necessary steps to be licensed, in August 2022, for the facilities at 2282 Orchard Drive and 519 Santa Ana Avenue. The representative also confirmed that issuance of the licenses has been delayed by staffing issues at the state level and not because the Mental Health Collective needs to complete any additional steps. The information from the state representative comports with what I was told by counsel for the Mental Health Collective.
Regarding the 1911 Kings Road property, counsel for the Mental Health Collective informed me in September that the Mental Health Collective had completed all steps necessary for licensure. I discussed the status of the license for this property with the representative for the Department of Social Services and she informed me that she needed to verify a couple of points with the state analyst responsible for this matter. The state representative will update me later this week regarding the status of the license for this property.
Thank you,
Aaron C. Harp
City Attorney
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA, 92660
Phone: (949) 644-3131
Fax: (949) 644-3139
Email: aharp(@newportbeachca.gov
CONFIDENTIALITY NOTICE: The information in this e-mail message is intended for the confidential use of the addressees only. The information is subject to
the attorney -client privilege and/or may be attorney work -product. Recipients should not file copies of this e-mail with publicly accessible records. If you are not an addressee or an authorized agent responsible for delivering this e-mail to a designated addressee, you have received this e-mail in error, and any further review, dissemination distribution, copying or forwarding of this e-mail is strictly prohibited. Moreover, such inadvertent disclosure shall not compromise or waive the attorney -client privilege as to this communication. If you received this e-mail in error, please notify us immediately at (949) 644- 3131. Thank you.
From: ejspitz(@gmail.com
Sent: October 10, 2022 4:53 PM
To: Dept - City Council ; City Clerk's Office
Cc: 'District Attorney Todd Spitzer' ; katrina.foley(@ocgov.com; 'Rounaghi, Alex' ; 'Jane Spitz' ; 'Teri Sforza'
; Adam.Elmahrek(@Iatimes.com; tom(@stunewsnewport.com
Subject: RE: Shut down illegal facilities openly operating in Newport Beach. NOW [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear Newport Beach City Counselors,
Please see the attached "second formal letter", after receiving zero formal response to my first letter dated below.
I added the city clerk here, so that you can consider whether this item deserves a hearing at tomorrow's Council meeting. There may be a few people there who's like to hear your thoughts on the subject of my letter.
Regards,
Eric
From: eisoitzPgmail.com
Sent: Wednesday, August 31, 2022 1:18 PM
To: citycouncil(@newportbeachca.gov
Cc: 'District Attorney Todd Spitzer' ; katrina.foley(@ocgov.com; 'Rounaghi, Alex' ; 'Jane Spitz'
Subject: Shut down illegal facilities openly operating in Newport Beach. NOW
Dear Newport Beach City Counselors,
I moved to Newport Beach in 2012 and spent the next four years as one of the owners of the OC Register. Our three daughters are products of the Newport -Mesa public school system, and we have come to appreciate and enjoy the city's features and charms.
Recently, I was made aware of the broken nature of the city's enforcement policy related to short term residential therapeutic facilities.
After researching the situation, and participating in the communal discussion, I submit the attached formal letter.
In addition to the letter, late last week, I reported the presence of these illegally operating facilities to the Newport Beach Police Department and to Newport Beach Code Enforcement. As of this writing, I have not received word of any action taken, despite unfulfilled promises of return calls.
Regards,
Eric
Eric Spitz
[email protected]
Received after Agenda Printed
October 11, 2022
Non -Agenda Item
From: Rieff, Kim
To: Mulvey, Jennifer
Subject: FW: STRONGLY oppose TTC use reconsideration tonight Date: October 11, 2022 4:47:38 PM
From: Brian Schuler
Sent: October 11, 2022 4:46 PM
To: Dept - City Council
Subject: STRONGLY oppose TTC use reconsideration tonight [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hello Honorable NB City Council,
I'm aware this is late in coming, but my voice must be heard...
Tonight you are going to be asked to "reconsider" the decision that was made to reject the project that was proposed by The Tennis and Pickleball Club.
Frankly, why? What has changed to even suggest reconsidering? These two owners have been challenged by logical arguments over and over again. The council correctly identified that something was not right with how this was being handled. We as NB residents and members of this club (dominated now by pickleball) have been led down this path by lie after lie. This project is Robert O'Hill's pet project and he could care less about the club and it's members. His ties to neighboring properties and clear focus on development are his right as a property owner. His using Sean and creating bigger lies is a whole other issue. His demonization of the other owners has always been suspect. If you vote to reconsider, the previously shown "plan B" will likely come back to you for another ruckus meeting, is that what you all want? Perhaps your terms are up, then your basically punting this down to the next council.
Either way, please stand for citizens and not greedy self-serving developers. If you allow this to happen, you displace trust in many well to do, influential Newport Beach residents.
Please make the right choice for the people, not a right choice for one ambitious person.
Brian
Received after Agenda Printed
October 11, 2022
Non -Agenda Item
From: City Clerk"s Office
To: Mulvey, Jennifer; Rieff, Kim
Subject: FW: CAD Confined Aquatic Disposal Facility (CAD) letter of Opposition from Brooke Rogers Coldren Date: October 11, 2022 4:44:54 PM
From: Brooke Coldren
Sent: Tuesday, October 11, 2022 4:44:43 PM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office
Subject: Fwd: CAD Confined Aquatic Disposal Facility (CAD) letter of Opposition from Brooke Rogers Coldren
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear City of Newport Beach,
I had hope to attend the council meeting today, October 1 Ith, 2022.
Unfortunately I have a nasty case of the flu prohibiting me from attending today.
I have attached a letter of what I had planned to present today at the meeting regarding the the collection of aquatic disposal facility in our turning basin CAD.
I am very hopeful that you will read it and take it into consideration prior to voting on the CAD proposal. I have very grave concerns about CAD which I have outlined below.
Respectfully,
Brooke R Coldren
From: Brooke Coldren
Date: October 11, 2022 at 2:56:03 PM PDT
To: [email protected]
Subject: Fwd: CAD letter of Opposition from Brooke Rogers Coldren
Subject: CAD letter of Opposition from Brooke Rogers Coldren My husband & I have been residents of Newport Beach
for 45 years. We both grew up in west Los Angeles,
spending many happy summers here in Newport, mostly
on Lido & the peninsula. My husband and I loved
Newport so much that we decided to move here as a
young married couple in the 70's where we have been
fortunate enough to raise our family. Our lifelong dream to live on the bay came true 8 years ago and we couldn't be happier. We are truly blessed and do not take our bay, beaches or waterways for granted. We love and respect
our bay and are absolutely stunned by the city's CAD
proposal and the dangers that it presents to this
beautiful area, not only to the residents but visitors as well for generations to come. Here are some of the issues at hand:
(Good evening city council members and neighbors,
thank you for the opportunity to address you tonight )
Given reliable information that has recently been brought to my attention, the CAD proposal gives me even greater cause for concern than ever.
1. It is a temporary solution that has numerous holes,
dangers and conflicts of interest attached to it including those imposed on us by Anchor, the Company hired by
our city to be their consultants for CAD , as well as
to (potentially) build it and manage it for decades! It will take several years at a minimum to install it with no real control data to contain the toxins or their levels. It will bring more toxins and pollution to the bay by just the repositioning of the current moorings and cans
existing on the sight already to name one of many.
Additional moorings and cans will be added around it
when the CAD is in place. Anchors will stir up the ocean & bay floor compromising the sea life, our bay's health and those that use it. A big red flag environmentally!
These are just a few points of concern. * * * CAD clearly disallows any dredging again in the future in our MAIN
turning basin defying the need to dredge this bay
properly every 10 - 15 years. An extremely short sited
and negligent plan.
Apparently the City & / or Anchor missed the US Army
Corps Manual and CAD construction & placement rules
& restrictions! How is this even possible? In addition, it seems that environmental agencies have not been
properly made aware of the gravity of the pending
dangers that the current CAD proposal will bring.
2. CAD success is Not guaranteed! In fact the city (we)
won't even know until post CAD & toxins are in place
(by Anchor) and mandatory monitoring (by Anchor)
begins!!!!
3. There are alternatives, which, unlike CAD, are not
half bait. At least two
have been researched thoroughly and appear to qualify as alternatives.
Apparently our city council has passed a motion to
disallow alternatives to be submitted or considered -
which seems to be undemocratic, negligent
& irresponsible - another big red flag!!!
Apparently the city council and Anchor have reported to the US Army Corp of engineers that there is no other
alternative to CAD. This is not true! There are
alternatives.
Although the Corp is in charge of the dredging of our
federal water ways, channels & coastlines, it is not their job to look into other alternatives. The undisclosed CAD issues &
alternatives clearly need to be brought to their as well as the coastal commission's attention by us NOW.
I am a big supporter of Friends of Newprt Harbor and
have joined their team in opposition of CAD. We would
truly like to work with the city.
We have tried but to no avail.
Our letters and attendance are vital in stopping CAD
while we thoroughly investigate further alternatives.
Continued Dredging is vital
to this bay. I strongly agree with the team that CAD is not the answer and other viable alternatives as suggested and proven are available. We believe in SUSTAINABLE
dredging.
Thank you for inquiring as the CAD proposal has the
more than likely potential to destroy our bay & sea life long term as well as short term. There have been
additional measurements of various areas around our bay and the toxin levels are 5X - 9X higher than what the city and Anchor are reporting. These recent measurements
only cover a small amount of the bay so there are
probably even higher toxin levels involved than those
disclosed by the city & Anchor.
CAD is not the answer- not enough data control /
research established by the city and quite short sited to future safety & ability to dredge our bay per health &
environmental standards alone! Again, this applies to not only residents of NB/Orange County, but visitors from
all over as well.
I feel very strongly about the short and long term dangers of CAD. They ARE there, far & long reaching.
Sincerely,
Brooke
Brooke Rogers Coldren
815 Via Lido Soud
Newport Beach, CA 92663
714-606-8449 [email protected]
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