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HomeMy WebLinkAboutExhibit 17Exhibit No. 17 Ail NEWPORT BEACH POLICE DEPARTMENT, FOLLOW -UP REPORT` ) Type of Original Report Date of Original Report Date of This Report Master Case No. Employees Report 11/9/07 11/27/080 1/27/08 ❑ Multiple 07 -11978 Reclassify Master Case To Victim Follow -Up No. 1 Master Property Value Rec This Report Total RPTD Loss ❑ Total Recovery ❑ Partial Recovery $ ❑ Change of Total Value $ Master Case Status Property Disposition ❑ Release ❑ Dispose ❑ Hold Until (1) List Related Reports by Case Number, Type, Crime, Victim's Name, and Case Status Using Case Status Numbers. (2) Describe any Change in Property or Value. (3)-Describe any Additional Property Loss. (4) Identify Partial - Recoveries. (5) Briefly Summarize the Original Incident. (6) Explain Investigation Progress and Case Status. (7) Reclassify Related Cases. This is a follow -up report into the ongoing investigation of Conditional Use Permit (CUP) violations by the business known as "Fury," located at 4221 Dolphin Striker, in the City of Newport Beach. As part of our documentation efforts into the activity in the surrounding area by patrons of the FuryJ � J and I responded to the business in order to become better acquainted with potential surveillance locations. I observed a four story parking structure located directiv west of the business and the adjacent parking lot. t— 01 (it should be noted that on previous occasions, ury patrons voml ing, urinating and in some cases defecating in the parking lot and surrounding areas. Patrons have also been observed drinking alcohol and smoking marijuana - refer to previous reports, this DR number). I contacted the on -duty parking lot attendant,— He advised that it was okay with him if we utilized the parking structure, however, he advised that it closed at 1800 hours. When questioned, he related that apparently patrons from the Fury have been using it and his cleaning crew deals with the trash and debris left in the building. He added that he used to leave the gates to the structure down, however, he has had to replace several of them as they have been damaged. It should be noted that there are gates on the east side near the Fury and on the west, just off of Dove Street. He also advised me to contact the Property Manager, his supervisor,/ for further information. I telephoned and advised her the reason for my call, advising that I had just been at the Su ID No. Reporting Officer(s) ID No. Datemme Reproduced Clerk Jai NEWPORT BEACH POLICE DEPARTMEII- .?Continuation Sheet Page No. Type of Report Booking No. DR Number 2 1 Follow Up Report 1 1 07 -11978 location. She asked, "This wouldn't be about the Fury Nightclub, would it ?" I advised her that it was, and she went on to say that they have had nothing but trouble with that business in regard to "trash, broken bottles, urine, even poop" left in their structure and the surrounding areas. I asked if I could meet with her and she gave me directions to her office. ;works for the ;)� I located at ( �f While there, I also met with the General Manager of` 1(same number). Their business is the property management company responsible for "AMPCO Parking (the parking structure)" at 4106 Newport Place, "The Bank of America" at 4101 MacArthur, "Glidewell Laboratories" at 4141 MacArthur, and the "US Bank Building" located at 4100 Newport Place. All four of these businesses are located in the immediate vicinity of the Fury. Both(..,.,.i andl` further added that the pvWaw, with patrons from the Fury havw9otteft tor the point of whom they were needing an extra all night secuflty guard for their building* The one currently assigned to that area can't spend all his time in the parking structure itself, dealing with those responsible for the listed problems. They have also installed several "No Parking" signs in the vicinity in order to keep patrons from parking on their properties. I added that they have had three or four cars towed from their properties which have resulted in angry phones calls from the owners. She and I kdvtsed that their parking structure and surrounding properties have in no way allowed• Fury, personnel, patrons, or any other open for business restaurants/bars, permission to use their parkingo 'areas facilities. . { went on to advise that approximately five months ago, she had received a "fax" from an individual she remembered as "1 " who described himself as the new owner of Fury (possibly . the part owner and GM of Fury). The fax was a request for authorization to allow employees of the Fury to park in the parking structure per the terms of their agreement with: the City of Newport Beach. According tot_ =----31 " " needed this document in order to "close escrow.t checked with her supervisor,f --1 and it was determined that they would not authorize that to occur. She told "! " they would not agree to that arrangement, and she never heard from him again. They also referred me to the manager of the "AMPCO" Parking Company,(-- r` Approving '� (Rev. 348) ID No. ID No. NFWPORT BEACH POLICE DEPARTMEV ?Continuation Sheet Page No. Type of Report Booking No. DR Number 3 1 Follow Up Report 1 07 -11978 I spoke with ! who advised that neither he, his company, nor the actual property owner where the parking structure is located gave authorization for the Fury to park in their structure. He likewise advised that he had been asked to sign an authorization on a company letterhead, agreeing to allow Fury employees to utilize the parking structure. He advised that a representative from the Fury (nfd) advised him that before the Fury opened, this was the arrangement and_ that permission had been granted. .,...Jcould locate no one in his office, nor the property owner, who had consented to such an arrangement. Oftentimes in his business, local restaurants and bars do agree to a contract which, for a fee, employees are authorized to use the parking facilities, however; after his researching this location, no such agreement was located. He reiterated that not only did his company not want the Fury patrons to use the parking structure, they do not want Fury employees using it either. I checked with City of Newport Beach Code Enforcement who provided me with a copy of a "Covenant and Agreement' from 1986 which allowed, for a fee, employees of the "El Torito" restaurant (now the Fury) to utilize 16 parking spaces. This agreement lists parking for El Torito employees to be located at 1500 Dove Street and 4141 MacArthur Blvd (Parcel # 83 -705). Also contained in that covenant was the language that this agreement is to "run with the land," meaning that it is transferable to any new similar business on the El Torito site (where the Fury now stands). The parking structure which is being used by Fury patrons (and apparently the Fury staff) is located at 4106 Newport Place. In researching the building at that location, the address referenced in the covenant is 1500 Dove, however; that parcel apparently changed the address to 4106 Newport Place when the new parking structure was constructed (unknown date at this time). The parcel number itself has remained the same according to CNB Planning Department. This language is not agreeable to the owners of the parking structure in particular when given the consideration that by using the property, the parking company is to be compensated for this allowance. 'Sot only are the stakeholders in the parking structure unaware of this agreement, they have also never been compensated for the use of the structure. In Section 2.1 of the Covenant and Agreement, the language states that, "This covenant and easement shall continue in effect until such time as the El Torito Property is no longer used as a restaurant." During the course of this investigation, it has become our opinion that The Fury no longer operates as a restaurant but rather as a nightclub. Refer to attached reports for further. Approving { ID No. (Reporting Ofrioer(s) _ ID No. t- NBPD Form 3.15 (Rev. 3&8) A� 01