City Says Rehab Home Operator out of Compliance

An operator of substance abuse rehab homes in Newport Beach will have a month to stop what City Attorney David Hunt called “a significant pattern of ongoing and repeated violations” of its zoning agreement with the city.

City Council members on Tuesday voted unanimously to send Morningside Recovery LLC a written notice detailing how, according to city staff, it has failed to comply with the agreement, which includes conditions pertaining to occupancy levels, noise and secondhand smoke.

“It’s been a constant stream of ignoring the rules. Their time is up,” resident Tom Billings said.

Morningside, which operates seven facilities in residential areas of Newport, received 21 written warnings 17 notices of violation, nine administrative citations and two parking citations between Sept. 28 and May 27, according to a city report. If problems persist after 30 days, Hunt said, the council can find that Morningside has defaulted on the agreement.

“I am appalled by the negative impact Morningside has had on our community,” Councilman Rush Hill said, adding that he’s encountered “roving gangs of foulmouthed smokers” who are clients of Morningside.

“As a city,” he said, “we need to do everything we can.”

Morningside operates facilities on River Avenue, Ima Loa Court, Via Antibes and Via Lido Soud, according to the city report.

Several residents spoke against Morningside at the meeting. Comments ranged from complaints about littering and loitering to concerns about unsafe driving and fire hazards. One woman said she saw a Morningside client sunbathing on the sidewalk near her home.

"We all know that Morningside Recovery breaks the rules every day," said Jonathan Birer, owner of on Via Lido. "It's not fair. It's not fair to the community. It's not fair to anybody."

Morningside attorney Mary Helen Beatificato argued that the city had issued warnings and citations without proper investigation of complaints and that Morningside “has demonstrated good-faith compliance.”

Ultimately, the council disagreed.

Morningside had the opportunity to be a “model operation,” Councilman Edward Selich said. “They’ve really completely blown it.”