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HomeMy WebLinkAboutExhibit 25Exhibit No. 25 4A BERNARD & ASSOCIATES A PROFESSIONAL ASSOCIATION OF INDEPENDENT ATTORNEYS ATTORNEYS AT LAw 3991 MAcARTHUR BOULEVARD. MITE 340 NEWPORT BEACH. CALIFORNIA 92660 TELEPHONE (949)263 -1511 FACSB41LE (949) 263 -0229 January 4, 2008 By Hand Delivery Aaron Harp, Assistant City Attorney City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Fury Rok & Roll Sushi 4221 Dolphin Striker Way, Newport Beach Revocation of Conditional Use Permit No. 3162 Dear Mr. Harp: I have been advised by my client that the City has scheduled a hearing before the Planning Commission for January 17, 2008 for failure to comply with conditions of approval. Since our meeting on October 18, 2007 I have never received any correspondence from you or any of the other departments involved with the exception of your summary letter dated October 23. I have had several conversations with the Police Department over the last several months asking if there have been any incidents or continuing areas of concern In my conversations with the Police Department there was never any comment that concerns continued to persist other than the premise will continue to under scrutiny. As such I am extremely concerned with the draconian and conspiratorial nature of having this matter go before the Planning Commission without the courtesy of a call or letter expressing any continuing concerns. That being said, it is my understanding, without copy of the notice or letter from you or the City, that there are five (5) basic issues: 1. Completion of the LEAD Training program; 2. Approval of a Security Plan; 3. Off -Site parking of employees; 4. Food Service; and 5. Food/Alcohol sales ratio. LEAD Trainine As discussed in our meeting of October 18, the Department of Alcoholic Beverage Control ( "ABC') was not able to schedule LEAD Training until December 20, 2007. On that date, the ABC came to the site and provided LEAD Training for approximately 36 employees and the owners. Attached is a copy of the Attendance Roster obtained from the ABC. It is my understanding that Inv. Daniel Shaver of the ABC sent a copy of the Attendance Roster to the Abp Letter to Aaron Harp, Esq. January 4, 2008 Page 2 of 3 City yesterday, January 3. Inv. Shaver was the person from the ABC that conducted the LEAD Training. Security Plan Dominic Menaldi of the MPP Security & Body Guards, the security company, has been working with the Police Department since our October 18th meeting. Several revisions have been made at the suggestion of the Police Department. It is my understanding the plan was provided to the Police Department in early to mid- November 2007 in a 30 minute meeting with Officer Doug Jones. Neither my client nor the security company has received any contact related to security plan previously submitted to the City. A copy of the previously submitted plan is attached. Off -Site Emnlovee Parkin Employees for the dinner service have been advised and have been parking in the parking structure. The parking structure is open to the public after 5:00 pm every day. To date, there have been no complaints received from the City nor any other person regarding parking. I am not aware of what type of proof the City requires to show compliance since the parking structure is open to the general public. Food Service Pursuant to our meeting of October 18th meeting, food service has been available to close. I received a call from my client that the Police Department conducted a walk- through close to closing time on December 23 at which time one of the officers commented that they were happy to see food being served in compliance with the use permit. My client is not aware of any issues by the City, Police or customers related to inability to order food. Food/Alcoholic Beveraee Ratio As discussed in our October 18th meeting, sales reports would be provided to the City and the first quarter's results would show higher alcoholic beverage sales than food. Also, the restaurant had just started lunch service and marketing and public relations efforts to promote the high end nature of the food. Based on their efforts, food sales have continuously increased. Attached are the sales report for the first quarter of operations as well as the sales report for December 2008 showing the continuing trend of increased food sales and a food to alcohol sales ratio to 47/53. As you can see, all the "known" concerns have been address as discussed in the October 011 Letter to Aaron Harp, Esq. January 4, 2008 Page 3 of 3 180i meeting. My clients will continue to strive to operate within the parameters of the approved conditional use permit no. 3162 and attempt to keep open lines of communication with the City. If there are concerns with the items provided please let me know. My client hereby requests that the matter be taken off calendar for revocation of the conditional use permit and also requests that prior to any actions being taken that the City's various departments contact my client or me to discuss any concerns. I would suggest another meeting similar to our October 180i meeting but also include the City Manager. The lack of communication by the City and move to revoke an approved land use entitlement without discussions with the tenant or property owner is an incredible misuse of the due process rights of the parties involved. I would hope that a telephone call, email or letter expressing concerns or status request to any particular matters be first employed rather than posting a notice of hearing on the door of the establishment and sending a letter notifying the property owner, and not the tenant operator, of a pending revocation proceeding. The action by the City will have a devastating affect on the continued operations of the business. Rumors have already been circulating that the City has "closed Fury ". If this does in fact become the case, the City should be prepared to take responsibility for its egregious actions. Should you have any questions or comments, please do not hesitate to contact me at your earliest convenience. Thank you for your consideration and attention to this matter. Respectfully, CHAEL C. CHO Enclosure(s) cc: David Gonzales (by facsimile w/o attachments) Brian Schillizzi (by facsimile w/o attachments) Jason Baker, Esq. (by facsimile w/o attachments) A�\