No preview available
HomeMy WebLinkAbout19 - UP 3626 - Buzz Appeal - 3450 Via OportoCITY OF NEWPORT BEACH p @ PLANNING DEPARTMENT 33o NEWPORT BOULEVARD 4' NEWPORT BEACH, CA 92658 C�[rFp0.P�t (949) 644-32 —: FAX (949) 644-3250 Hearing Date: Agenda Item No.: Staff Person: February 13,2001 19 Patrick J. Alford (949) 644 -3235 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Use Permit 3626 (Buzz) Revocation Appeal (Eric Rameson and Hospitality Management Group, applicant/appellant) 3450 Via Oporto SUMMARY: An appeal by the applicant of the Planning Commission's revocation of Use Permit 3626. ACTION: Hold a public hearing and uphold or reverse the decision of the Planning Commission to revoke Use Permit 3626. Introduction The applicant has filed an appeal (Attachment A) of the Planning Commission decision to revoke a use permit for a full service restaurant and entertainment facility known as Buzz. The applicant/appellant has twice requested and received continuances with the understanding that an application for a use permit for a new eating and drinking establishment on the project site would be filed by the end of January, 2001. However, as of this writing, the application for the new use permit has not been filed with the Planning Department. Background On October 5, 2000, the Planning Commission was informed of apparent violations of the terms and conditions of approval for the establishment known as Buzz (Use Permit 3626). Planning Commission determined that there are reasonable grounds for the revocation of the use permit and, at the request of the applicant's legal counsel, set the revocation hearing date for November 9, 2000. On November 9, 2000, the Planning Commission voted (6 ayes, 0 no, 1 absent) to revoke Use Permit 3626. The applicant filed the notice of appeal on November 27, 2000. On December 1, 2000, applicant/appellant submitted a letter requesting a continuance and expressing a willingness to correct the violations that led to the revocation. On December 12, 2000, the City Council continued the appeal hearing to January 23, 2001. On December 13, 2000, the applicant submitted a letter outlining the proposed changes to the operational characteristics of the establishment. On January 8, 2001, the applicant/appellant requested a second continuance to allow time to file an application for a use permit for a new eating and drinking establishment on the project site. On January 23, 2001, the City Council continued the appeal hearing to February 13, 2001. Analysis The Appeal The applicant bases the appeal on the following arguments: The Planning Commission had no authority to revoke Use Permit 3626. 2. The Planning Commission acted arbitrarily and capriciously by refusing the applicant's request for a full evidentiary hearing. This would include witnesses testifying under oath, the opportunity to cross - examine, issue subpoenas, and conduct discovery. 3. Many of the supporting materials to the Planning Commission's staff report were provided too close to the hearing, which did not give the applicant enough time to prepare an adequate rebuttal. 4. The Planning Commission's action has no rational basis, violates the First Amendment rights of the applicant, and lacks any adequate substantive factual basis. 5. The Planning Commission refused to take any testimony from the applicant and their witnesses. 6. The Planning Commission hearing violated the California and United States Constitutions and deprived the applicant of their Constitutional rights. The Planting Commission's Action The Planning Commission first addressed the applicant's request for a full evidentiary hearing. Both the Assistant City Attorney and the independent legal counsel retained for the revocation hearing (Philip D. Kohn of Rutan & Tucker) advised the Planning Commission that the judicial - type proceedings requested by the applicant were not applicable to the revocation proceeding relating to the use permit. Furthermore, the applicant is provided due process through the opportunity to be present, to be confronted with the evidence that is being presented to the Planning Commission, to be provided with the opportunity to present testimony, documentary evidence, argument and whatever other written or oral information he wishes the Commission to consider. Use Permit 3626 (Buzz) Revocation Appeal February 13, 2001 Page 2 The Planning Commission concluded that the public hearing procedure, which includes the staff's presentation, the applicant's presentation, public testimony, and the applicant's rebuttal, was the proper procedure for the revocation hearing. The Planning Commission then addressed the applicant's request for a continuance. Some Commissioners acknowledged that there was a voluminous amount of support material, most of which consisted of arrest reports and declarations from Newport Beach Police Department (NBPD) officers. However, the consensus of the Planning Commission was that the primary issue was whether or not the project was in compliance with the terms and conditions of approval. The Planning Commission questioned the value of detailed inquiries into the arrest reports and the declarations of the NBPD, noting that NBPD officers were either present at the hearing or on call should they be needed. The Planning Commission concluded that the applicant did not present a compelling justification for another postponement of the revocation hearing and chose not to grant the request for the continuance. The Planning Commission then addressed whether the findings could be made to revoke the use permit, focusing on two key points. First, the extent to which the project as it operates today deviates from that approved by the Planning Commission and the City Council in 1998. Second, whether the terms or conditions of approval of the use permit have been violated or that other laws or regulations have been violated. In their discussion, the Planning Commission placed a strong emphasis on the applicant's admission that the interactive and skill games described in the project application and depicted on the approved floor plans had been removed and that valet parking service was not being provided. The Planning Commission confirmed that the substantial number of interactive and skill games was a key factor in the Planning Commission's approval of the project. The interactive and skill games were used to establish the operational characteristics of the project and served as the basis for the increase in the project's net public area and the partial waiver of the project's off - street parking requirement. The Planning Commission concluded that the removal of the games and subsequent use of this area for food and beverage service and dancing is in direct violation of Use Permit 3626 Condition No. 1, which requires that the development be in substantial conformance with the approved floor plan. Furthermore, the Planning Commission concluded that failure to provide valet parking was in direct violation of Use Permit 3626 Condition No. 3, which requires the project to provide a valet parking service. Based on the testimony of the applicant and the information contained in the staff report, the Planning Commission voted to revoke Use Permit 3626 with the following findings: Finding No. 1: The permit was issued on the basis of erroneous or misleading information or misrepresentation. I. The Planning Commission approved Use Permit 3626 on the basis of erroneous or misleading information or the misrepresentation that the project was to permanently operate as a full service restaurant/recreation facility. The full service restaurant/recreation facility was seen as a means of establishing a use that would Use Permit 3626 (Buzz) Revocation Appeal February 13, 2001 Page 3 correct the problems with the previous bar /nightclub use of the project site and be beneficial to the surrounding area. However, the project is being operated as a bar /nightclub that is negatively impacting the project site and the surrounding area. 2. The increase of net public area and the waiver of 41 additional parking spaces was based on the erroneous information that the second floor game area was identified as a permanent feature of the project. Since electronic game centers have a significantly lower off - street parking requirement than eating and drinking establishments, this feature was used as justification for the increase in net public area and the parking waiver. However, within six months of the issuance of the certificate of occupancy, all but a few of these games were removed and the floor area was converted to food and beverage service and dance floors. This increased the net public area of the project, leading to higher parking demand. The representative of the applicant stated that the first and second floors are no longer used as game area. Finding No. 2: That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated. 1. The floor plans submitted with the application depicted a significant portion of the floor area devoted to game units. However, within six months of the issuance of the certificate of occupancy, these games were removed, which is in direct violation of Use Permit 3626 Condition No. 1, which requires that the development be in substantial conformance with the approved floor plan. 2. A representative of the applicant has stated that the project has ceased to provide valet parking services, which is in direct violation of Use Permit 3626 Condition No. 3, which requires the project to provide a valet parking service. 3. The Code Enforcement Division issued administrative citations on February 5, 2000 and February 26, 2000 for exceeding the City's exterior noise standard and Use Permit 3626 Condition No. 24, which requires compliance with the City's noise standards. 4. From January 1, 2000 to September 30, 2000, the Newport Beach Police Department has documented at least 66 calls for service and 98 officer - initiated activities at the project site. The NBPD concluded that the project was having an adverse impact on the health, safety, and welfare of the neighborhood and the general public and is a drain on police resources. 5. The State Department of Alcoholic Beverage Control has formally advised the project owners that the continued criminal acts at the project site and surrounding area constitute a disorderly house and a nuisance. Use Permit 3626 (Buzz) Revocation Appeal February 13, 2001 Page 4 Conclusion Should the City Council grant the appeal and reverse the Planning Commission's revocation of Use Permit 3626, the project will be allowed to continue to operate subject to the terms and conditions approved in 1998. Should the City Council affirm the Planning Commission's revocation of Use Permit 3626, all rights and entitlements granted by the use permit will become voided immediately. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: PATRICK J. ALFORD Senior Planner Attachments: A. Appeal Application. B. December 1, 2000 continuance request letter from the applicant/appellant. C. January 8, 2001 continuance request letter from the applicant/appellant. D. November 9, 2000 Planning Commission minutes. E. November 9, 2000 Planning Commission staff report w /attachments. Note: Due to the volume of the attachments, they will not be reproduced for wide dissemination. They are available for review in the City Clerk's office. Use Pemrit 3626 (B=) Revocation Appeal February 13, 2001 Page 5 CITY OF NEWPORT BEACH • APPLICATION 7 APPEAL DECISION OF THE PLANNING COMMISSION n,7Ci;CaCvn NC. __`em 2C = av2caticn 0= Use ?erm:" SC3J Erik Rameson and Hospitality Management Group, by and Name or A.:oeilantthrough Stephen Allen Jamieson, Solomon, Saltsman & parson rilins: Jamieson, attorney of record for ppe an s. Cat=- or Planninc Ccmcissicn tec`.sicr. No—;e—,her ^t'sCn�tlC r. Cf cCriiCatiCn 1112 ^_ .vi. ^, = 1a(r,my CCS. ^issicn; a= 31.31 VLa Oocr :, �zascr. =_ icr A.cp�al . • ease s_e _c -= -d L ===- -nc reference) Ja7.:_es07., as Attorney n behalf of Appellants CI?Y FOR OFFICE USE ONLY rated by this Cate A. -real ii!e "_ arC Adimrivraa.- -D__ reC.°f=eL. r/ I ytiCy ✓ LW Ca :a. Af apai shal s_ded : r e i earng 'he Cic/ lufc W:ir On - u na ri iq of the accaal un {ess and avicellant Cr ra,;iewinq =CC'i C:.n50. .c C.a:e (iV'EMC- Sec - 20c-5.'75C,) Note that Appellants consten to a later date of appeal. c_: CGSllar.t .. F!annlr.g jFc' -;;r -reset cf mailir�!a-:; kv -;eui 5j File - — • , . -EALS: `i ^..kipal Ccd' Sec. 2^.S7.C=Co A�ca_I Fee: R asc -.. C! iii C. _ .r aC _ cn U �a`. ?itC funds w' Caviar ;r �_ LAW OFFICES OF SOLOtNION. SALTStMAN & JA.MIESON A Partnership Including Proreiiional Corpor Lions 426 CULVER BOULEVARD PLAYA DEL REY. CA 90293 (310) 822 -9848 FAX (310) 822 -3512 November 27, 2000 VIA HAND DELIVERY" Newport Beach City Council Newport Beach City Clerk City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Appeal of November 9, 2000 Planning Commission action attempting to revoke Use Permit 3626 To the Honorable Council Members. -Mayor. and to the City Clerk: • Please be advised the undersigned represents the holder of Use Permit 3626. commonly known as The Buzz Restaurant (hereinafter referred to as "Appellants'-) in regards to the above - referenced matter. Appellants, pursuant to Chapters 20.95, 20.96 and all other applicable Chapters. Titles. and provisions of the Newport Beach Municipal Code, hereby appeals the November 9. 2000 Planning Commission action purporting to revoke Use Permit 3626. Please find attached a check in the amount of $287.00 made payable to the City of Newport Beach for the appeal fee, as well as the appeal form provided by the City. This appeal is made on the QroLmd that, pursuant to the conditions of Use Permit 3626 and pursuant to Newport Beach Municipal Code Section 20.96.040 and all other pertinent provisions. the Planning Commission had no authority to revoke Use Permit 3626. This appeal is further made on the grounds that. in attempting to revoke Use Permit 3626. the Planning Commission acted arbitrarily and capriciously. The Commission while. empowered to administer oath and to take sworn testimony, refused and/or failed to do so. In addition. the Commission's purported revocation of Use Permit 3626 was based on un -sworn, unverified, and uncorroborated, multiple hearsay testimony evidence submitted by staff of the City departments. In addition, the Commission having the power to compel the attendance of witnesses refused and failed to compel the attendance • of witnesses whose alleged testimony was used as grounds for the attempted revocation of the Permit and provided in related Planning Department staff reports. The materials upon which it based its action were provided too close to the hearing and thus did not Iq .,)_ • Newport Beach City Council Newport Beach City Clerk City of Newport Beach November 27, 2000 Page 2 give Appellant adequate time to prepare to rebut the evidence the City presented. Furthermore, the purported revocation has no rational basis, violates the First Amendment rights of Appellants, and lacks any or adequate substantive factual basis. This appeal is further made on the ground that, during the November 9, 2000 hearing the Commission refused and did not take any testimony from Appellants and their witnesses. The revocation resolution and factual findings are inadequate as a matter of law. This appeal is further made on the ground that the Planning Commission hearing was conducted in manner that violated the California and U.S. Constitutions and deprived Appellants of their Constitutional rights. Said violations include. but are not limited to. violating Appellants' Due Process rights, including but not limited to their rights of notice and opportunity to rebut the charges against them. Said violations also include; but are not limited to. violating Appellants' Equal Protection rights. and violating the • Takings Clauses of the California and U.S. Constitutions by; inter alia. wrongfully infringing upon Appellants' Constitutionally protected and vested property rights. Very truly SOLOAOI�,SIALTSNLAN & J.A_MIESON ALLEN JAMIESON SAJ /mg cc: Robin Clauson, Assistant City Attorney Randy Teffeteller, Hospitality Management Group Eric Rameson, Applicant Nlichael Cho, Esq. Barry Hammond Stephen Warren Solomon. Esq. i BOSERVERTORIVFmOp n Cu. S$lTcFetc ler. Rand— Buss Rnm rantVAppeal doe e /1-3 From'fw 919 / ?til illd In Pi[ncia Tempe • December 1, 2000 Nis. Patricia Temple Director, Planning Department City of Newport Beach PO Box 1768 Newport Beach, Ca. 92658 -8915 Subject: Use Permit No. 3626 (the Buzz" restaurant; 3450 Via Oporto Dear Ms. Temple: Thank you for taking the time to meet with Steve Jamieson and myself regarding the Buzz Restaurant. I believe that our meetings have produced a new level of understanding and commutucation. Given this positive development, we are proposing some changes in the operations of The Buzz and a continuance or table of the appeal scheduled for the December 12, 2000 Newport Beach City Council meeting. Before getting into the actual proposal, I would like to re -state that it was not the intent of • anyone associated with this project to deceive the planning commission or the City when this use permit was obtained in 1998. The plan was to develop the project as stated in the hearing where the use permit was issued. Unfortunately, the public, who are the customers of The Buzz, did not accept the concept and it was quickly evident that the concept was not going to work. Given this reality the games were removed after many months of lack of consumer acceptance and the operation changed. This in part brings us to the matter before us. It is also my understanding, that despite the fact that the Police have had some problems at the restaurant, they feel that the current operator has a reasonable security plan and has trained staff to adequately handle security. In order to comply with the conditions of Use Permit 4 3626 and to show good faith to The City of Newport Beach, we propose the following: Items to bring the restaurant into compliance with the conditions of the permit; t. Valet Parking will immediately begin, as required in the permit. 2. The approx. 2,000 sq. ft. of game area on the second fluor will not be used for aenerat operations, unless the use permit is amended. This area may be used for banquets and special events, such at the Boat Parade, Items offered as good faith to The City of Newport Beach: t_ Restaurant will expand operating hours to increasingly reflect a restaurant during the Holiday Season. • 2. "Drinks" will be sold only at the 2 permanent bars, or via a server (no "cooler tubs ") 3. Dancing will be restricted to an area consistent with the Use Permit 61 CORPORATE PARK. SUITE 210 • IRVINE. CA 92606 TELEPHONE: 949/250 -7117 - FAA: 969/250 -7116 l,AM ASLANT B COM PA fgs i M C O R P O R A T E D AA J O I N T V E N T U R E Subject: Use Permit No. 3626 (the Buzz" restaurant; 3450 Via Oporto Dear Ms. Temple: Thank you for taking the time to meet with Steve Jamieson and myself regarding the Buzz Restaurant. I believe that our meetings have produced a new level of understanding and commutucation. Given this positive development, we are proposing some changes in the operations of The Buzz and a continuance or table of the appeal scheduled for the December 12, 2000 Newport Beach City Council meeting. Before getting into the actual proposal, I would like to re -state that it was not the intent of • anyone associated with this project to deceive the planning commission or the City when this use permit was obtained in 1998. The plan was to develop the project as stated in the hearing where the use permit was issued. Unfortunately, the public, who are the customers of The Buzz, did not accept the concept and it was quickly evident that the concept was not going to work. Given this reality the games were removed after many months of lack of consumer acceptance and the operation changed. This in part brings us to the matter before us. It is also my understanding, that despite the fact that the Police have had some problems at the restaurant, they feel that the current operator has a reasonable security plan and has trained staff to adequately handle security. In order to comply with the conditions of Use Permit 4 3626 and to show good faith to The City of Newport Beach, we propose the following: Items to bring the restaurant into compliance with the conditions of the permit; t. Valet Parking will immediately begin, as required in the permit. 2. The approx. 2,000 sq. ft. of game area on the second fluor will not be used for aenerat operations, unless the use permit is amended. This area may be used for banquets and special events, such at the Boat Parade, Items offered as good faith to The City of Newport Beach: t_ Restaurant will expand operating hours to increasingly reflect a restaurant during the Holiday Season. • 2. "Drinks" will be sold only at the 2 permanent bars, or via a server (no "cooler tubs ") 3. Dancing will be restricted to an area consistent with the Use Permit 61 CORPORATE PARK. SUITE 210 • IRVINE. CA 92606 TELEPHONE: 949/250 -7117 - FAA: 969/250 -7116 l,AM Prom: Fax 94P/250 7116 To Patrwia Temple Date 12 /ai00 Time 12 46 So Pm Page 2 3, ; u • • 4. One source of live entertainment per floor. 5. Re -state our agreement with the Police that the operator will not use outside promoters, but can use HMG staff. 6. Per our conversation with Capt. Newman, we will meet the Newport Beach Police department within the next 2 weeks to review and improve the security plan then follow up on a periodic basis. 7. The operators will implement the City's Alcoholic Beverage Outlet ordinance (section 20.89.050) section 9. Responsible Beverage Service /Sales Training Requirements and have its managers and employees serving and/or selling alcoholic beverages undergo and successfully complete a training program in responsible methods and skills for serving and selling alcoholic beverages. S. Submit an application for a revised use by January 31, 2001. I believe this includes the things that we discussed and trust this is an acceptable solution for The City. Again thank you for your time, I look forward to your positive response. Cc: Robin Clausen, City Attorney Capt. Tim Newman, Newport Beach Police Steve Jamieson Randy Teffeteller /D rim prom F]e ?4 ± /2 5V 7110 F3 PI VIfQ 7a10 -1 December 1, 2000 Ms. Patricia Temple Director, PlanningDeparment City of Newport Beach PO Box 1 ^,63 Newport Beach, Ca. 92658-8915 J'] 1V -, - -, ASHkA N B COMPANIES AA J O 1 N T V E N T U R E Subject: Use Permit No. 3626 (the Buzz" restaurant; 3451) Via Oporto Dear N1s. Temple: Thank you for taking the time to meet with Steve Jamieson and myself regarding the Buzz Restaurant. I believe that our meetings have produced a new level of understanding and communication. Given this positive development, the are proposing some changes in the operations of The Buzz and a continuance or table of the appeal scheduled for the December 12, 2000 Newport Beach City Council meetL-ig. Before getting into the actual proposal, I would Lke to re -state that it was not the intent of anyone associated w$h this project to deceive the planning commission or the City when this use permit was obtained in 1998. The plan was to develop the project as stated in the hearing where the use permit was issued. Unfortunately. the pubhc, who arc the customers of The Buzz, did not accept the concept and it was quickly evident that the concept was not going to work. Given this reality the games were removed after many months of lack of consumer acceptance and the operation changed. This in part brings us to the matter before us. It is also my understanding, that despite the fact that the Police have had some problems at the restaurant, they feet that the current operator has a reasonable secunty plan and has trained staff to adequately handle security. In order to comply with the conditions of Use Permit a 3626 and to show good faith to The City of Newport Beach, we propose the following: y Items to bring the restaurant into compliance with the conditions of the permit: L, Valet Parking will inzrttediateiy'�egin, as required in the permit. 2. The approx. 2,000 sq. f . of game area on the second floor will not be used for general operations, unless the use permit is amended. T"nis area may be used for banquets and special events, such at the Boat Parade, Items offered as good faith to The City of Newport Beach: L. Restaurant will expand operating hours to increasingly reflect a restaurant during the Holiday Season. 40 2. "Drinks" will be sold only at the 2 permanent bars, or via a server (no "cooler tubs ") 3. Dancing will be restricted to an area consistent with the Use Permit 61 CORPORATE PARK, SUITE 210 • t.VI iE. CA 92606 TELEPNORC: 949/250-]11] F♦ ;; 9A9/260 -7116 (8-1) Trom =3, -1 v2g,1 -( i6 io ?xri.:u Gr -, - • 4. One source of live entertainment per floor. 5. Re -state our agreement with the Police that the operator will not use outside promoters, but can use HMG staff. 6. Per our conversation with Capt. Newman, we will meet the Newport Beach Police department within the next 2 weeks to review and improve the security plan then follow up on a periodic basis. T The operators will implement the City's Alcoholic Beverage Outlet ordinance (section 20.89.050) section 9. Responsible Beverage Service /Sales Training Requirements and have its managers and employees serving and/or selling alcoholic beverages tutdergo and successfully complete a training program in responsible methods and skills for serving and selling alcoholic beverages. 8. SubuiiL an application for a revised use by January 31, 2001. i believe this includes the things that we discussed and trust this is an acceptable solution for The City. Again thank you for your time, f look forward to your positive response. Cc: Robin Clauson, City Capt. Tim Newman, Steve Jamieson Randy Tcffeteller Attorney Newport Beach Police From: Barry To: Patrick Afford Date: 1111101 Time 1:23:00 PM Page 2 of 2 ASLOAN g COMPAN�ES A a joint venture January 9. 2001 Mayor Gary Adams Cit. of Ncxvport Bcach 3300 Newport Blvd. Newport Beach. Ca. 92658 -891 SUBJECT: Use permit Revocation Hearing- Buzz Restaurant Dear \favor Adams. 'Xe would like to fonually ask for another continuance of this item. Since the last scheduled hearins. we have made si?uificant progress in resolving the operational characteristics of the Buzz. More importantly we are in the process of applying for a new use permit, that we believe will be more appealing to The City of Newporr Beach. Our goal is to have the application submitted before the end of January and have the new operation active within 60 days of the new approval. Thank you for your cooperation at this matter. If you have any questions, please feel &ee to call nhe at (949) 250 -7117 L. S iucereh . Barn Hanuuond 0 Cc: Patrick .-Vlford, Senior Planner- 61 Coroorate Park. Suite 210. (6) Irvine. CA 92606 City of Newport Beach Planning Commission Minutes November 9, 2000 and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. 29. The area of the outdoor dining shall be delineated with a minimum 6 foot high physical barriers designed, installed and maintained around the patio area to insure compliance with the Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach Municipal Code). 30. Dancing shall be prohibited as a part of the regular operation, unless an amendment to this use permit, any previous use permits, and outdoor dining permits, and other required application is first approved in accordance with the provisions of the Municipal Code. 31. The project shall comply with State Disabled Access requirements. 32. All improvements shall be constructed as required by Newport Beach Ordinance and the Public Works Department. 33. The Off -Site parking agreement shall be reviewed and approved by the Traffic Engineer prior to issuance of the occupancy permit or implementation of the outdoor dining. 33. The project requires the approval of the Coastal Commission prior to the issuance of building permits or implementation of the outdoor dining use. 34. The Planning Commission may add to or modify conditions of approval to this Outdoor Dining Permit or recommend to the City Council the revocation of this Outdoor Dining Permit No. 68, upon a determination that the operation which is the subject of this Outdoor Dining Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 35. This Outdoor Dining Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code. SUBJECT: Revocation Hearing for Use Permit 3626 (Buss) 3450 Via Oporto Use Permit No. 3626 (continued from October 5, 2000) Consider whether to revoke Use Permit 3626 )Buzz) on grounds that the approval was based on erroneous or misleading information or misrepresentation and that there are violations of the terms or conditions of the 0 21 INDEX Item No. 3 Use Permit No. 3678 Approved -9— ' City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX 9 approval or other laws or regulations and that entitlement granted by the use permit has been discontinued for more than 180 consecutive days. Chairperson Selich stated that tonight's proceedings involved a consideration by the Planning Commission as to whether the Use Permit approved in 1998 for a full service restaurant and entertainment facility at 3450 Via Oporto should be revoked. I understand that there may be a request by the business for a continuance of this matter. Whether a continuance of these proceedings should be granted lies within the sole discretion of the Planning Commission. Given the length of time the alleged violations have been occurring and the serious nature of those alleged violations, a requested postponement of the hearing should be supported by some compelling justification. The applicant has already been given one continuance. Unless there is an objection by any member of the Commission I would propose we do the following this evening: • Open Public Hearing • Hear from staff • Hear from business operator • Hear from any other persons wishing to speak ( 3 minute testimony) • Ask any questions that we might have and see what progress can be made towards a decision. • Then consider any request (should it be requested) for a continuance and whether it is appropriate. • The business operator will be given the last opportunity for rebuttal prior to our deliberations. 1 want to be sure that everyone comes forth and presents all their evidence and testimony this evening, that they have and not be under the assumption that there is going to be a continuance in this matter. I propose the hearing go forward as described. The City Attorney's office for the purpose of these proceedings is advising and assisting the Planning Department in presenting their case as to why the Use Permit should be revoked. As a result, it has been determined that the Planning Commission will have the benefit of independent legal counsel. Mr. Philip Kohn of the law Firm of Rutan and Tucker is with us this evening. He has been retained to provide the Planning Commission with legal assistance that we might need during the course of the meeting. Does any member of the Commission have any questions or comments on the proceedings? Seeing none, I will open the Public Hearing and ask staff to present their case. Public comment was opened. Senior Planner Patrick Alford noted the following: • May 21, 1998 the Planning Commission approved Use Permit 3626 for a full service restaurant and entertainment facility. • November 1999 apparent violations of the approval were observed. • In the following months the Newport Beach Police Department experienced increased calls for service and arrests associated with the 22 / - City of Newport Beach Planning Commission Minutes November 9, 2000 project. • February 16, 2000 project management was notified of these issues in writing. • Staff met with the project management wherein they agreed to submit a revised floor plan that would be reviewed for substantial compliance with the project's Use Permit. The project management was admonished that compliance with the terms and conditions of approval of the Use Permit was still required. • In absence of any evidence that the project management was making a good faith effort to address these issues, staff presented a report to the Planning Commission outlining grounds of revocation for the Use Permit. • October 5, 2000 the Planning Commission determined that there are reasonable grounds for the revocation of Use Permit No. 3626 and set the hearing date of November 9, 2000. Continuing, Mr. Alford added that under the provisions of Section 20.96.040 of the Newport Beach Municipal Code, the Planning Commission shall revoke a use permit upon making one or more of the following findings: 1. The permit was issued on the basis of erroneous or misleading information or misrepresentation. 2. That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated. 3. That there has been a discontinuance of the exercise of the entitlement granted by the permit for 180 consecutive days. To support these findings, staff has presented the following information in the staff report: Finding 1: • The project was approved on the basis that it was to be permanently operated as a full service restaurant and entertainment facility. This is evidenced by the project's operation plan, correspondence by the applicant and statements by the applicant's representative at the Planning Commission hearing. In contrast, the project is being operated as a bar and nightclub and negatively impacting the project site and the surrounding area. I refer you to the observations of the Newport Beach Police Department in the attached declarations. • The increase in the net public area and the waiver of 41 additional parking spaces was based on erroneous information that the second floor game room was identified as a permanent feature of the project. This is a key point of discussion as reflected in the May 71h and May 21 It 1998 Planning Commission staff reports and meeting minutes. However, within six months of the certificate of occupancy all but a few of these games were removed and the floor area was converted to food and beverage service and dance floors. Refer to the declarations of the Newport Beach Police Department. • The Planning Commission reviewed the project as a means of correcting 23 INDEX -9,3 City of Newport Beach Planning Commission Minutes November 9, 2000 past problems associated with the previous bar /nightclub use of the project site and that it would be a use beneficial to the surrounding area. This is evidenced by the project's operation plan, correspondence of the applicant, and statements of the applicant's representative at the Planning Commission hearing. However, the declarations of the NBPD and the Code Enforcement Division and the findings of the State Alcoholic Beverage Control are that the project is being operated in a manner that is contrary to the public health, safety and general welfare. Finding 2: • The floor plans submitted with the application depicted a significant portion of the floor area devoted to game units. However, as stated, within six months of the issuance of the certificate of occupancy, the bulk of the games were removed and the floor area was converted to food and beverage service and dance floors. This is in direct violation of Condition 1, which requires that the development be in substantial conformance with the approved floor plan. • The Newport Beach Police Department has observed that the project had ceased to provide valet parking services shortly after opening. This is in direct violation of Condition No. 3, which requires the project to provide a valet parking service. • The Code Enforcement Division has issued administrative citations for exceeding the City's exterior noise standards. This violates Condition No. 24, which requires compliance with the City's noise regulations. • From January 1, 2000 to September 30, 2000 the Newport Beach Police Department documented at least 66 calls for service and 98 officer - initiated activities at the project site. These activities have resulted in at least 50 arrests for public intoxication, battery, and other violations of law. • State Alcoholic Beverage Control has formally advised the project owners that the continued criminal acts at the project site and surrounding area constitute a disorderly house and a nuisance. Refer to the approved floor plans and conditions of approval contained in the Planning Commission minutes and declarations of the NBPD and Code Enforcement and the letter from the Alcohol Beverage Control. Finding 3: The project has ceased to operate as a full service restaurant and entertainment facility since at least November 18, 1999, when the game areas were converted to food and beverage service, live entertainment, and dancing. Ms. Clauson added that the she has been contacted and notified by the operators' attorney that they have requested that the hearing tonight be handled in a manner consistent with the Administrative Procedures Act, which is a State Law that requires hearing officer discovery and cross examination 24 INDEX 0 0 u P _ L4 • City of Newport Beach Planning Commission Minutes November 9, 2000 under oath. It is my opinion and I have advised their attorney, that I believe that the Administrative Procedures Act does not apply to the City and that those proceedings are not necessary for an administrative hearing such as the one the Planning Commission is conducting tonight. There has been a request for a continuance based on the amount of materials provided and additional time has been requested to prepare written responses to those materials. In light of the request for the continuance, present tonight from the Police Department are Capt. Newman, Detectives Hartford and McKnight and a Records Representative. The other declarants are available on an on call basis in the event they are necessary. Their written materials are submitted. Commissioner Kronzley asked when the materials went out for the October 51h meeting? He was answered that they went out September 29, 2000. Commissioner Kiser asked Special Counsel Kohn if he had read City Attorney Clauson's memo to the Planning Commission dated November the 3rd2 Could you tell us if you agree with what is contained in that memorandum? Mr. Kohn noted that is the memo attached as Exhibit 23 to the staff report. He has reviewed the memo and it contains an accurate description and analysis of both the City's Municipal Code as well as provisions of State Law that bear on the proceedings this evening. Commissioner Kiser then asked for his comments on the Administrative Procedures Act and if it applies to the hearing tonight. Mr. Kohn answered that the Administrative Procedures Act does not apply to the proceedings. The Act, which is embodied in the Government Code of the State of California, specifies the agency attached to the proceedings to which it is expressly applicable. And in fact, no proceedings of local agencies such as City Councils or Planning Commissions are by the terms of the Act subject to its provisions. I believe what the applicant or business operator may be referring to is something beyond the Act and just some fundamental fairness or principles of due process that entitle him to the rights he described such as having witnesses testify under oath, the ability to cross examine, issue subpoenas for testimony to conduct discovery. However, all the case law that I have had the opportunity to review indicates that those full due process rights that you would expect in a judicial proceeding simply are not applicable to the revocation proceeding relating to a conditional use permit. That is not to say that the operator is not entitled to due process, because indeed he is. The type of due process however, is the opportunity to be present, to be confronted with the evidence that is being presented to the Planning Commission, to be provided with the opportunity to present testimony, documentary evidence, argument whatever other information he wishes the Commission to consider. If there are to be questions to be asked of the witnesses, there is no right of cross - examination. However, as part of the verbal presentation or perhaps in writing, he may request that the Commission put 25 INDEX D'S City of Newport Beach Planning Commission Minutes November 9, 2000 questions to the staff or other persons who may be testifying. It would be the prerogative of the Commission whether or not to ask those questions. Given my review of the record and the order and procedure read earlier on how this hearing is to be conducted, this hearing gives fair opportunity to be heard and complies with due process as recognized in California for hearings of this type. I think if is important for the staff report to precede the presentation so that there is full disclosure of the basis upon which the recommendation to the Commission is made so as to afford the operator as best possible opportunity to respond to the information presented. Recognizing that there may be other persons who may speak. I agree with the Chairs indication that the business operator should be given the opportunity to speak as the very last presenter to ensure again that there is an ability to respond and to confront and rebut evidence in testimony that may be given throughout the hearing. Chairperson Selich then invited those who wish to speak in favor of the revocation. Seeing no one, I then invite the business operator, or his representative forward to give what evidence and testimony he wants to present. Please state your name and address for the record. Stephen Allen Jamieson, attorney with the law firm of Solomon, Salfsman and Jamieson 426 Culver Boulevard, Los Angeles 90293 represented the applicant. Chairperson Selich informed Mr. Jamieson that he would have hall an hour to do his presentation. Mr. Jamieson stated that on November 61h, he received a number of documents from staff numbered 358 through 480. 1 heard Commissioner Kranzley ask when the information was provided to the operator so they could be prepared to respond tonight. This information was provided on November 6th. The other documents were provided on October 31st. The hearing that took place on October 51h was to set this hearing. The documents that we are to use for presentation and rebuttal were provided to us on the 31st of October. I did not hear any of that in the presentation of the Commission in deciding what the procedures would be or whether or not a continuance should be granted. The declarations were signed on October 30th; the documents assembled took weeks to assemble. The City has had months to get ready for this meeting. Chairperson Selich stated that this is primarily a land use matter as to whether the operation is in compliance with the conditions of approval and the operational characteristics approved in the Use Permit. Mr. Kohn, would you say that a 30- minute time limit this evening is appropriate? Mr. Kohn answered that certainly the business operator had the opportunity and I do not know if he availed himself of if, submitting documents or arguments or other information that he would wish the Commission to consider in writing in advance of the hearing. I would suggest that the Commission 26 INDEX • 0 0 .Y o tG% City of Newport Beach Planning Commission Minutes November 9, 2000 follow the Chair's suggestion to allow 30 minutes and at that time determine on the basis of the information being presented whether further time would or would not be warranted. Chairperson Selich asked Commissioners if they had any objection to this procedure? There was no objection. He then informed Mr. Jamieson that he had thirty minutes for his presentation. As I indicated to you, the primary issue is the land use and whether there is compliance or not in compliance with the Use Permit. I suggest that you concentrate on that. Mr. Jamieson stated that it is important that this Commission realizes that it is dealing with a business operation that just two years ago invested almost 7 million dollars into this operation. For the Commission to take the position that this is simply a land use matter is not looking at the full issue that is provided for this business operator. There is a case that we cited previously to the City Attorney called Mohilif v Janovici, which is a 1979 case decided by the Court of Appeals. In that case, the business at issue was not going to be shut down as the land use was not going to be prevented, there were certain aspects of a business that were going to be affected. Although the decision in that case was that a full evidentiary type hearing was necessary to be provided, the Court also pointed out that although there is no precise manner of a hearing that must be afforded, the particular interest at issue must be considered in determining what kind of hearing is appropriate. The Commission has not allowed us to provide all the information necessary to show you what kind of interests are being affected here. It is clear that the Commission is aware that this business has invested a substantial amount of money and is entitled to a hearing process. This case says that to the extent that due process protections will be available will depend on a careful and clearly articulated balancing of the interest at stake in each context. In some instances the balancing may counsel formal hearing procedures and include the rights of confrontation and cross - examination. The first issue is the private interest that will be affected by the official action. If you vote to revoke this permit, you will shut this business down, a business that has ten years or so left on its lease, a business that invested 7 million dollars, a business that so far I have not heard any information that is adequate evidence against which to permit such a revocation. This risks an erroneous deprivation of such interest through the procedures used and the probable value if any of additional or substitute procedural safe guards. What you are providing here in a 30- minute process where the evidence presented against this operator is not even provided in the form of adequate evidence. I am making an objection on the basis of inadequate foundation, the basis of hearsay, on the basis of information where we have not been provided any of the due process rights to be able to confront and cross examine the people who have provided these declarations. These declarations are replete with hearsay; none of these officers have yet spoken. Yet, it is now our job to try and rebut what they have to say. The interest in allowing us to present our side of 27 INDEX V -- . City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX the story means that the City has to present its side of the story with adequate evidence first. That has not been done here. The governmental interest in providing this process in the manner in which you have provided. We have asked for an evidentiary type hearing: the rights to subpoena: asked that the police officers testify for cross - examination purposes. An APA type hearing is necessary or at least something that provides basic due process. The information we have been provided is not due process and does not allow us to be heard. I object to the process itself as it is lacking in due process. This is a very important property interest that is being violated here. There are references throughout the declarations to 130 arrests and videotapes: we have not been provided this information or a chance to cross - examine those officers. The only evidence before you is what staff has presented. There is insufficient foundation. speculation and we are not able to adequately provide that kind of response. One of the basis for revocation is that the use itself is not consistent with the permit that was granted. The use that was approved was for a restaurant and entertainment facility in May 1998. In February 1999. a caf6 and dance permit was issued to this business and a permit to conduct live entertainment. The use says it is a restaurant. it has dining. entertainment and live entertainment and games. May 1999 the occupancy permit says it allows 292 persons on the first floor for bar. dining and waiting. On the second floor it provides room for 261 persons for bar. games and dance floor. The dance floor has not been changed: the flooring is the same as it was when it was approved. When the permit was issued May 1998 it included a number of items for arcade type machines. The machines were there for the first six months. It opened the way it was presented to the City: there was no deception or erroneous information. The operator of this premises lost about $400.000/$500.000 in removing the arcade because they weren't making money. This business. in the way it is being currently operated presently. just breaks even. The president of the management company that came into operation at this location in January/February 2000 is here tonight. Many of the items complained about throughout the police reports took place in 1999. There has been a specific intent to make extreme changes here. They presented to City through staff the options of first doing a BB King operation and then that fell through. Then what they presented to staff in the last two months to do a fish type restaurant. be open during the day. provide banquets. weddings. etc. A couple of weeks later they were notified that they needed to come before you to potentially have the CUP revoked. They had raised $250.000 to put their latest concept in to make this location a profit - making center. An application has not been made to the City because that money couldn't be spent if the CUP was going to be revoked. Violations occurring at this location: • Police contacts were not calls for service but rather officer initiated. • There are 130 police reports - not enough time to examine. • Number of incidences (20% - 30 %) where the business did what it was 28 D_� City of Newport Beach Ol Planning Commission Minutes November 9, 2000 supposed to do - need time to present. • Violations took place after 11:00 p.m. • Dinners are not served after 11:00 p.m. It is incumbent for all to look at all issues needed to make a decision. I have not heard any constituents talking against this operation. We have 20 -30 people here tonight that are available for questioning as to their involvement with the operations. I have petitions (presented to Commission) in support of this business. There is not an out - pouring of opposition by the neighborhood or surrounding business owners. He then provided a tear out of the Entertainment Book depicting a coupon for the Buzz with a picture describing food items and what Buzz does. It also talks about games. There has been an investment in the kitchen, dishes, food service and menus. He then presented copies of the menu to the Commission and emphasized that this place serves food. We are not here tonight saying that whatever problems with this operation is not our problem and we are not willing to do something about it. Rather, we are saying that a lot of it can be rebutted given time. The operator wants to change the concept of the establishment and be open for lunch. This is not something that is a danger to the area or to society in general such that it needs to be closed down immediately without providing due process rights and a full and impartial hearing. Many of the issues brought up in the staff report/exhibits need to be matched with the employees with dates /times to defend. I request further time. Chairperson Selich noted that we need to conclude the half -hour presentation to ask direct questions. Commissioner Gifford asked Mr. Jamieson that originally you indicated that you would need several hours to put on your evidentiary portion of this. 1 assume part of that was the procedural objections you wanted to make, which I also assume you submitted in writing and have stated to some degree for the record and that some of that would be argument as well. Could you give us something analogous to an offer of proof of what it is you would have been putting on in these several hours? Mr. Jamieson answered: Each one of the officers and city employees who have provided declarations would need to be questioned. Have those officers provide oral testimony to the Commission that we can ask questions of to clear up any inconsistencies. Information presented in reports and declarations, I would like to get witnesses and have opportunity to verify. Commissioner Gifford asked Mr. Jamieson what would be presented if you had 29 INDEX City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX 9 severol hours this evening. Do you hove ony prepored evidence to put on this evening it you hod more time? Mr. Jomieson sfofed ihof it he hod enough time to go out and folk to the witnesses he would hove severol hours of evidence to put on this evening but it still would not be complete. Commissioner Gifford osked, the things you presented this evening, the od from o newspoper and o collection of menus, they were not occomponied by ony kind of declorofion or onyfhing to give us on indicofion of where they come from or whof dotes or perhops on offidovif offoched to those. Is ihof the type of proof you would be intending to present, the proofs ihof you hove oireody offered? Or, would they be more in the order of whof it is you hove described, os you would like to see? Are these intended to sfond olone in terms of your rebuffoi to the evidence of foilure to serve food and so on? Mr. Jomieson onswered it would be both. If the question is, is there more of o foundofion for those documents such os o declorofion supporting dotes, there is nothing in writing now ihof is provided with ihof. However, we would like to provide ihof it the Commission wonis it. We do hove the operofor here who con folk obouf ihof. Commissioner Gifford noted ihof she undersfonds the point obouf the concern of the proceeding and the formolRy or the lock of formolify. Whof I wonted to determine with respect to evidence ihof hod been under your control to provide supporting sfofemenis, and the form in which we hove received it tonight. I have obfoined oil the informofion I wos looking for and I deter to the Choirmon. Choirperson Selich osked the speoker to refer to Exhibits 15 and 16. These ore the floor plons for Use Permit 3626, the first floor pion and the second floor pion. On eoch of those poges there ore two diogroms; the diogrom on the left reflects the opproved floor pion per the Use Permit and the diogrom on the right reflects the floor pion os observed by the NBPD. Could you respond to the chonges ihof the NBPD observed? Hove oil of those items been chonged os indicoted on those diogroms, or, is the foyout of the tocility right now in occordonce with the opproved floor pion? Mr. Jomieson onswered fhof the loyouf right now is in conformonce with on opproved floor pion to the extent fhof nothing obouf the floor pion hos chonged. The use does not require the orcode gomes, so the Shope and the wood floor itself ore the some. Chairperson Selich, referencing the NBPD diogroms represented in Exhibits 15 and 16 then osked: If o portoble bor hod been odded to the first floor of ony time - no onswer. 30 D -11D City of Newport Beach Planning Commission Minutes November 9, 2000 • Have the games been removed from the first floor as indicated on the diagram at this point in time - no answer. As the attorney indicated he, as legal counsel would not be able to answer the questions, he offered that Mr. Teffeteller, the operator of the establishment would be able to give evidence in answering the questions. Mr. Randall Teffeteller, Hospitality Management Group at 2901 West Pacific Coast Highway. Chairperson Selich asked if he had Exhibits 15 and 16. Mr. Teffeteller answered yes. Chairperson Selich then asked Mr. Teffeteller: On the First Floor diagram, handwritten page 125, Exhibit 15 - • Is there a portable serving bar there at the present time - answer: no, if is not there at this moment. • Have the games been removed - answer: there are some pool tables, but some games have been removed. • Have tables been removed from the area by the bar area and a dance floor added - answer: there are no tables there now, nor have there • been, nor a dance floor; if is a circulation area. • Were games removed, dance floor added with a DJ in comer and black lights installed - answer: there are no games there now, there are only tables; no DJ; no dance floor; no black lights On the Second Floor diagram, handwritten page 127, Exhibit 16 - • All games removed (2 pool tables and couches added); area used for drinking and dancing allowed - answer. all games have been removed except two or three pool tables; drinking and dancing is allowed throughout the restaurant. There is no contained area for food, drinking or dancing. • Tables removed, area used for drinking and dancing allowed - answer: there are two stand -up bars there now, the tables are not in that area. • Games and tables removed, dance floor expanded - answer: there are tables at certain times, depending on larger parties; there is no dance floor. There is no fixated dance floor anywhere in the establishment. People are free to dance where they choose. • Portable bar added - answer: at this time we are not using any portable bars. • Games removed and one pool table added - answer: the pool table is not there now tables are as we are getting ready for the boat parade this year. • Is there a Disc Jockey - answer: that is a sound booth and yes, a DJ is there; that is where all the sound and televisions are controlled throughout the whole restaurant. Chairperson Selich asked if a valet parking service is being operated there? 31 INDEX D 4 City of Newport Beach Planning Commission Minutes November 9, 2000 Mr. Teffeteller answered no and explained that there was a problem with the valet service and parking service. That service got disrupted because the two could not come together. Commissioner Kranzley noted that the bottom line is that there are no more video games in the restaurant. Mr. Teffeteller answered no. Commissioner Kranzley noted that he had been to the Buzz on September 21 s' at 6:00 p.m. and October 5th at 9:45 p.m. When I walked into the Buzz at 6:00 in September, there was one person eating food; there were no other diners. I walked around and at that time I counted three pool tables, no video games. The second time at 9:45 in the evening Commissioner Tucker and I went over and at that point in time, there were no diners. We walked around the Buzz and sat down on the patio on the first floor and observed one of your employees going around all the tables taking up all the food service items from all the tables. At that point in time, there were no diners. Mr. Teffeteller answered that he could have the general manager come up and we could pull past reservation sheets that show every Friday and Saturday since I have been on board, we have run an average parties of 20 - 30. We do between 60-80 dinners some nights, however, it is unpredictable. Commissioner Kranzley then asked if they did validated parking. Mr. Teffeteller answered that we do validate parking for all our guests, however, I believe the parking establishment after a certain point in time charges. I do not know how they use our stamping process. The only time we may not is if a banquet client pays up front for all his people. Commissioner Kranzley then asked Mr. Jamieson, what do you think the role of conditions in a use permit is? Mr. Jamieson answered that clearly the role that the condiiion(s) have in any use permit is to provide some control by the City to maintain a particular operation in a particular manner. Commissioner Kranzley agreed that there was a lot of information (police declarations) with this staff report. The land use issues are a little smaller. I wonder if you feel the use that is currently in operation at the Buzz has any resemblance to the conditions in the use permit that was granted two years ago? Mr. Jamieson answered, absolutely. In looking at the document that passes as the use permit for this location, it has a very amorphous concept of what the use is itself. What we know is that it provides for a use of a restaurant, which this 32 INDEX 0 E 0 D't�L City of Newport Beach Planning Commission Minutes November 9, 2000 is. We know that it provides for an entertainment center, which this is. It does not provide for an arcade center. The floor plan did show arcade games and there were a lot of those arcade games to the tune of several hundred thousand dollars that were put in place and utilized for six months. The use permit itself doesn't say it is for an arcade. it you look at the other permits issued by the City based on the use permit itself; it operates well within that. Commissioner Kranzley noted that one of the conditions is that the use is in substantial conformance with the floor plan, have you been to the establishment? He was answered yes. Continuing, Commissioner Kranzley stated it is hard for me to believe that an intelligent, bright person like you would think that the floor plan of The Buzz today is similar in any way, shape or form to the floor plan that we approved in 1998. Am I missing something? Mr. Jamieson noted that the only difference in looking at the floor plan then and the floor plan now is that there certainly are not as many video games or games other than pool tables that were indicated on the floor plan then. If is substantially the same in observing if and being as objective as I can. If is a restaurant and serves food and alcohol. If allows people to walk through the establishment and is permitted for live entertainment and dancing. The police issues are land use issues. Those police issues are part and parcel of this. Commissioner Kiser asked if any of the provided menus are in use today in the restaurant? Mr. Jamieson answered that he saw about three dozen on these and are the same ones that are used today. Mr. Tetteieller answered that when the Hospitality Management Group took over, the menu used of that time has since been relined with a wine list. He then proceeded to explain the menu iormai. Commissioner Kiser noted that he counted in the areas that have been indicated in Exhibits 15 and 16, it appears that between 80 and 100 units were in the restaurant? Is that how many were in the restaurant when ii opened? Ii is a very significani number of games, not just a iew video games in the corner. Ii is a significani number of games as well as a signiticani amount of square iooiage that those games ai one time apparently occupied and for which the restaurant was conditioned to have in place. Mr. Jamieson answered that Mr. Teifefeller took over the operation January of this year. By that time, whatever arcade machines were there had been removed. He was not present ai that time. Mr. Tetteieller noted that most floor plans we do are for hypothetical. Once we open the restaurants, they do change with diversions, walkways, pathways, . etc. Diilereni agencies come in i.e., OSHA, that tell us to move things. Never 33 INDEX D r �� City of Newport Beach Planning Commission Minutes November 9, 2000 have I resubmitted a floor plan when those changes are made. The games were a part of the concept, a fraction. When those games were not successful, they were removed. Now, there are no games in there. I don't think anybody planned on putting in 7 million dollars into an arcade at any time. Mr. Jamieson noted that if you look at the Municipal Code there is a definition for an arcade. If is defined as something more than three arcade machines. This CUP does not specifically state if is a CUP for an arcade. These games existed apparently for six months; erroneous information presented to get the CUP in 1998, no. They spent a lot of money to put those machines in there. Did the concept evolve after that, yes. Chairperson Selich referring to page b of the staff report read item 1 B. 'The increase of net public area and the waiver of 41 additional parking spaces was based on the erroneous information that the second floor game area was identified as a permanent feature of the project.' I was on the Commission when this project was approved and I am going to attest to the following statement that staff made. ' The game areas were also the basis of the Planning Commission's approval of an increase of the net public area and the waiver of a portion of the project's off - street parking requirement. The project included increasing the net public area by 1,141 square feet more than that approved for the previous project, The Warehouse (Use Permit 1711). However, since 1,952 square feet was proposed to be utilized as game areas, the project was presented as 800 square foot decrease in the net public area, since the game areas would not be used for food and beverage service. The game areas were identified as a permanent feature of the project and, at the public hearing, the applicant's representative distributed pictures of the interactive games as evidence that such equipment could not be easily moved and the floor area converted to other uses (Exhibit I).' Thai is my recollection of how we approved this project, that was a permanent area not to be removed. Commissioner Kranzley added that he was the Chairman of the Planning Commission at that point in time, and I remember that specifically as well. Chairperson Selich asked what the response would be to the fact that we approved the project, that would be a permanent area and now that those games have been removed and if has now been converted to what we planners define as floor area, net public area? Mr. Jamieson answered that the reason Item I has been identified for you is because one of the basis that allows you to revoke a CUP is that the CUP was issued based upon erroneous information. Thai information was not erroneous at the time if was provided. In good faith if was provided that way and operated that way for a few months. Mr. Teffeieller noted that we did not remove the games to increase the tables or seating; those areas are now for circulation. The games were removed 34 INDEX 0 0 E City of Newport Beach Planning Commission Minutes November 9, 2000 because they were not making money and it was costly to the owners to do that. The games did not help the appeal of the establishment. Chairperson Selich stated that maybe he misunderstood your previous testimony. You just got done saying we removed the games. I thought earlier you said that you were not aware whether the games were there or not. Mr. Teffeteller answered that he had asked why the games were taken out. I have profit and loss statements. Chairperson Selich, when you say we, you mean the organization that owns that and not happened since you were there? Mr. Teffeteller, yes, the ownership of the company Commissioner Kranzley then asked: • If the Buzz has any resemblance to Dave and Busters - answer: the Buzz was developed because of Dave and Busters and we feel its failure was because of Dave and Busters. • The Dave and Buster concept was not working and you decided to use other ways to attract clients to the operation - answer: yes • You changed your mind - answer: I don't know what the mindset was. The current investors do want to make changes now and make it into something that will make a return on their investment. Continuing, Commissioner Kranzley noted his concern as then Chairman he was part of a Commission that approved a Dave and Buster concept establishment and now you are currently operating a dance club. Mr. Teffeteller answered that one element of the Dave and Busters no long exists. We are not a dance club; we are a restaurant. Commissioner Kranzley stated that in the Orange County Weekly you have an ad that talks about the Buzz Dance Club. That is confusing to me. In your opinion, this is significantly different than a Dave and Busters? Mr. Teffeteller answered that in a particular phase we might be doing a late night segment per our permit, but that is a fraction of our food and beverage establishment. I think it was significantly different when the establishment was started. Commissioner Kiser stated that the Buzz representative was going to be limited to about 30 minutes of presentation. I want to point out for the record, the presentation now has been with questioning from the Commission about an hour and fifteen minutes. So, the Buzz representatives were not limited to thirty minutes and in fact we've allowed and been interested in the questioning for an hour and fifteen minutes in the interest of hearing what is to be said. 35 INDEX i)"t5 City of Newport Beach Planning Commission Minutes November 9, 2000 Chairperson Selich then opened the hearing for those who wish to address the Commission in opposition to the revocation. Colin Berger, 601 Bayside Drive stated he was not here to object or support to anything. He stated that he received a notification from the City. He used to have an interest in this business, no longer has an interest in the business. I want it on the record that PH Marketing has no interest in the Buzz whatsoever. Commissioner Kranzley asked the speaker when he did have an interest in the establishment? Mr. Berger answered that he sold out the assets, lease when they applied in 1998. We retained a 20% interest in Buzz, but non - operational. It was made very clear that we were not to interfere. Subsequently we didn't want to have even the 20% interest and we got rid of that. We gave it away to them and it was finalized May 2, 2000. Chairperson Selich asked if anybody in the audience wished to testify? There were no speakers. Chairperson Selich then asked staff if they had anything further to add. Ms. Temple added that there has been discussion about the original concept under which the use permit was approved and various proposals discussed with the City in regards to changing the overall concept of the facility. In both cases, the current operators were informed by myself that each of those would require the approval of a new use permit because of the nature of the parking waiver and the parking ratio used for the game area in the original approval was at a ratio of 1 parking space for every 400 square feet occupied by the gaming area. Any utilization for any other uses is considered net public area of a restaurant are typically parked in the range of 1 space for every 30 to 1 space for every 50 square feet. Therefore, potentially requiring a much higher parking waiver and so nothing that I have seen could be simply brought in under the existing use permit, but would require a new use permit. Commissioner Gifford asked if this use permit were to be revoked is there anything to prevent the applicant from coming in with a new concept for a new use permit? Ms. Temple answered no. Chairperson Selich then gave an additional ten minutes for Mr. Jamieson to speak. Mr. Jamieson, attorney representing the Buzz noted the following: 36 INDEX 0 "D-16 City of Newport Beach Planning Commission Minutes November 9, 2000 • No one has spoken before you in opposition to this business. • I have several people who can testify to several aspects to the issues in the police reports and land use report. • 1 have information about reservation inquiries made for the month of December. (Chairman Selich stated that if this was a written document it could be submitted into the record) • 1 would have liked to have the officers who are present come in and present oral testimony. The use is operating within the parameters of its conditional use permit, cafe and dance permit, live entertainment permit and certificate of occupancy. (all issued by the City) It is in conformance with the use permit that was issued in 1998. The use permit is ambiguous. • The police issues that are land use issues material is important and needs to be inquired about. • This business operator who has put in 7 million dollars into this operation and is trying to make a go of it at this location has indicated to you that he would like to be able to adjust this concept. • The idea that if this is revoked that the operator can come back and make an application for a different use permit or some type of use, as a practical matter is going to be extremely difficult and impossible to do. You will shut this business down for weeks /months whatever it would take. This business will not be able to withstand that kind of a shut down. • The revocation of this use permit should be looked at its facts and issues before you. All of the facts and issues have not been able to be provided. 1 requested that either an evidentiary hearing be provided before you or a hearing officer designated by you so that all these issues could be explored and recommendations made to you. • We request that rather than render a vote now on whether or not it is appropriate to revoke this use permit, that the matter be continued and directed to a hearing officer. • We would like to work with staff to see if the concepts the business has are workable. • It doesn't hurt to step back and reflect on what is being done here tonight both procedurally and substantively and allow for the benefit of the doubt. Think of the factors from that case. Here the property interest is so important. In conclusion, Mr. Jamieson requested a continuance to take care of this matter in an appropriate way. Assistant City Attorney Robin Clauson noted that Mr. Jamieson has made his position clear that he wants a full evidentiary hearing with a right for cross - examination. It has been my position that is unnecessary for these proceedings as the informality of the proceeding work quite well. 1 do agree that and have 37 MR fl D °1-+ City of Newport Beach Planning Commission Minutes November 9, 2000 told you that the police officers are available for questions. Mr. Jamieson would be afforded an opportunity if the proceedings were continued to present written questions to be asked of the officers, to have them come before you and respond to those types of questions or any other types you might have. Not in the manner that he might wish with full cross examination on every issue of every arrest report that occurred, but any questions that he might have about the information in the declarations, clarification questions, that type of information may be helpful to the proceedings to make sure that there has been an opportunity to pose questions through the Planning Commission. The officers were available tonight; we had them on an on -call basis. Two of the officers are here tonight as well. Commissioner Gifford asked if this information was made available to Mr. Jamieson earlier? Ms. Clauson answered that she did fell him that was available. I do agree that with the timing of receiving those reports and the time for the staff report to get out to the Planning Commission for him to prepare written materials or questions that he has there was quite a bit that he needed to go through. Public comment was closed. Chairperson Selich stated he was disinclined to grant a continuance noting this is primarily a land use issue in regard to the use permit and not a police issue. I question the value of questions to the police personnel regarding the information submitted. The thing that sways me and again I was on the Commission when we approved this project, and we allowed an increase of the project's net public area to 9,808 square feet. We then reduced if and allowed 1, 952 square feet of that to become a game area. We approved that on the basis if would be permanently reserved for games and not used for any other purposes. The removal of the games, whether tables were put in there or its circulation area, whatever, turns if back into net public area and if is a clear violation of the use permit. The property's representative has admitted that the games are not there, and has stated they will not be replaced because if is not a valid business concept any more. So that in itself to me is enough to revoke this use permit because if was in my opinion and part of my decision to approve this use permit the very heart of why I voted for the project and went along with the waiver of parking and other concessions we made in order to allow this concept to move ahead. In addition to that, the valet parking is no longer provided as the applicant has stated. Those two facts alone are grounds for revocation and I don't see where a continuation is going to provide any additional information toward the validity or non - validity of that conclusion. Commissioner Kranzley stated he agrees with the Chairman. Additionally, I have a letter dated February 16th that was sent to Mr. Tettefeller of RST Management Group. We seem to get the impression that the applicant wants 38 INDEX 0 0 D-E� City of Newport Beach Planning Commission Minutes November 9, 2000 to change the use here, but if strikes me that they need to get permission to change the use before they change the use. In this case I disagree with the operator and representative, if is dramatically different than the concept I voted on and for in 1998 inclusive of all the issues that Chairman Selich brought up. I believe this is a land use issue, they have violated and continue to violate the conditions of the use permit and I am not in favor of a continuance. Commissioner Gifford stated she has heard persuasive evidence to make findings under Items 1 and 2 of the Findings in Support of the Revocation of Use Permit 3626 in Exhibit 23. Either of which would be sufficient grounds for revocation, that is: Item 1 'The permit was issued on the basis of erroneous or misleading information or misrepresentation.' I too was on the Planning Commission when the use permit was granted and one of the reasons that the floor plan was extremely important was because of everyone's concern that since the use permit runs with the land, the character of the operation that was presented to us, might conceivably change. We wanted to ensure that if we were approving it on the basis of this being a permanent feature as was described and we were waiving the parking spaces that was integral to our basis for approving if. If the operator at that time believed they were going to try this concept and if it didn't work they would have to adjust and change as might be needed for businesses conditions, that wasn't what was represented to us. It was represented to us that this particular operation would be consistent with the presentation we were given. Our assurance was that it was a permanent feature and in return for that, the applicant was given a very great consideration, which was the waiver of the 41 parking spaces and that the floor plan additionally as a condition insured that. Item 2 'That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated.' The issues of the floor plan and valet parking go directly to that. I appreciate that the applicant has made arguments with respect to the procedure itself, and I will ask the attorney who has been provided for the Commission for his reading of the Mohilif Case. I believe that the standards set by the applicant's representation in the presentation of evidence to us by submitting an ad that was simply a cut out piece of paper and some menus with no supporting material to indicate anything about them isn't consistent with his request for a different standard of evidence coming from the City. If is my opinion that all of the evidence we have heard tonight including that which I have been specific about in my comments provides a basis for revocation under 1 and 2. The testimony from police officers or questions submitted to them isn't really relative to the factors that are sufficient for me to make findings under either 1 or 2. 1 would like to hear from Counsel if there is adequate basis in the evidence provided in the admissions by Mr. Teffefeller. I don't think we need to rely on police testimony as to the floor plans because his admissions were that things are not consistent with the floor plans. 39 INDEX City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX 0 Attorney Kohn stated that he agrees that the Mohilif case indicates that due process is somewhat a situational concept. It is a sliding scale, or balancing if you will, depending on all the surrounding circumstances and the amount of due process then should be reflective or proportionate to the proceedings at stake. I am not aware of any authority nor has the operators attorney furnished any to my knowledge, indicating that a revocation of this use permit requires any more due process than has been provided by this body this evening. I am comfortable with the procedure that was set forward has been followed this evening. The applicant has been given a full and fair opportunity to respond to all the matters that were set forth in the staff report. As to those which a detailed presentation was not made an offer approved by the end of the term limit was used was made so the Commission had the opportunity to extend time if they thought those matters were relative to the inquiry. I agree with the observation that the evidence presented is responsive to the factors set forth in the Municipal Code that would justify revocation that being items 1 and 2. If that is the direction the Commission is inclined to go, I would suggest looking at the findings set forth in Exhibit 23 as to which of those that the Commission concurs with or does not concur with so that the record is clear as to the findings made and evidence upon which the Commission is relying to support those findings. Commissioner Agajanian stated he is not in support of a continuance. Commissioner Kiser stated he is not in support of a continuance. He agreed that there was a considerable amount of material that had to be digested. Most of tonight's testimony had to do with volumes of police reports and whether arrests were made or just detentions made. I think that there is ample evidence to conclude that the use permit, which unlike what has been presented by the Buzz representative, I don't believe the use permit is unclear. I believe it is very clear that 1,952 square feet was to be occupied by video or arcade type games. There was considerable amount of discussion in the hearings when the use permit was given. The representatives of the restaurant have admitted that in fact there are no video games. Not wanting to rely on police reports and diagrams, I too visited the restaurant yesterday in the early afternoon. I walked into a wide open door; no one seemed to be nearby so walked around the entire restaurant. I observed no arcade video games whatsoever, the only thing I saw on the ground floor was one photo booth, two pool tables and possibly a foosball table. There definitely no video games and the areas that were delineated on the floor plans when the use permit was granted, did not contain any video games as well. I agree in total with Commissioner Gifford's comments. The use permit is clear; I don't think the police reports need to be analyzed and that if we ignore completely the arrests being made at the premises or nearby, still this is a clear violation of the use permit. I'm understanding that this is a break even type of operation right now and that it is only open Thursday through Saturday nights and the owners are not making any money and are looking at presenting new concepts to the 40 D —� O . City of Newport Beach Planning Commission Minutes November 9, 2000 City. Well, it seems to me that goes along very handily with revocation of the current use permit so that new concepts can be found, hopefully one that will not only be approved by the City but applied for and carried through in a manner that is in conformance with what the procedures for gaining and complying with a use permit. I am not inclined to grant a continuance. Commissioner McDaniel stated that we have adequately discussed the situation this evening. I don't think any further information would change my mind. It has been well stated and I agree that no further continuance is necessary. Commissioner Kranzley noted for the public that the way it is supposed to be done is if you have a business and you are trying to attract more clients, for instance Billy's and the Chart House, you come in and present your ideas to do that. There area lot of conditions that the operator of the business is aware of that needs to be met. That is what should happen in this case. The operator of this business was informed that the business was not operating under the terms and conditions of the use permit. They should have come in before the way the business was run and should have said they were going to change the way we are running our business, so help us out here, lets see what we can do together. They did not do that and that is why we are here tonight. They changed the way they did their business and in doing so, changed the very nature of the business that the Planning Commission approved back in 1998. Motion was made by Commissioner Gifford that the Planning Commission revoke the Use Permit No. 3626 based on the findings outlined in the staff report modified as follows: Finding No. 1 - the first and second bullet points with the addition of the text that the representative stated that the first and second floors no longer has a game area. Finding No. 2 - the first bullet, the second bullet modified to state that, a representative of the applicant has stated that the project has ceased to provide valet parking services.... Commissioner Agajanian suggested finding No. 3 be eliminated. Commissioner Kiser asked for clarification of the motion. Commissioner Gifford stated: Finding No. 1 - bullet 1, bullet 2 with the addition that the representative of the applicant stated that the first and second floors were no longer used as game areas. Finding No. 2 - bullet 1, bullet 2 modified to say a representative of the applicant stated the project has ceased to provide valet parking services and deleting the words shortly after opening and going on, which is in direct violation.... bullet 3 . eliminate the final sentence bullet 4 (after discussion it was decided to leave in 41 V&D 1 City of Newport Beach Planning Commission Minutes November 9, 2000 INDEX 0 as there has been nothing to refute the statement) and bullet 5. Finding No. 3 - delete. Commissioner Kiser suggested the first bullet point in finding 2 proposed to delete portions as there has been some testimony presented tonight by the restaurant operator that possibly the galvanized tubs and such may not be there and I don't think we need that in our motion. Ms. Clouson stated that in light of the comments by the Commission about the actual police activities, reports and arrests, I was wondering if the intent was for o deletion in the bullet point 4, Finding 2. It was requested to hove on opportunity to rebut and deal with that information, The Commission hod indicated that they did not feel it was necessary to their decision. That is why I am questioning. Commissioner Gifford noted that it was her belief that the applicant was refuting was how those calls were initiated. If the intention was to rebut the fact that the police activities had resulted in 50 arrests, then we should delete that as well. Commissioner Kiser added that if there was any question about that number being supportable it should be token out. Ayes: McDaniel, Kiser, Agojonion. Selich, Gifford, KronzJey Noes: None Absent: Tucker Findings in Support of the Revocation of USE PERMIT 3626 Findinq No. 1: The permit was issued on the basis of erroneous or misleading information or misrepresentation. • The Planning Commission approved Use Permit 3626 on the basis of erroneous or misleading information or the misrepresentation that the project was to permanently operate as o full service restaurant /recreation facility. The full service restaurant /recreation facility was seen as o means of establishing o use that would correct the problems with the previous bar /nightclub use of the project site and be beneficial to the surrounding area. However, the project is being operated as o bar /nightclub that is negatively impacting the project site and the surrounding area. * The increase of net public area and the waiver of 41 additional parking spaces was based on the erroneous information that the second floor 42 City of Newport Beach Planning Commission Minutes November 9, 2000 game area was identified as a permanent feature of the project. Since electronic game centers have a significantly lower oft- street parking requirement than eating and drinking establishments, this feature was used as justification for the increase in net public area and the parking waiver. However, within six months of the issuance of the certificate of occupancy, all but a few of these games were removed and the floor area was converted to food and beverage service and dance floors. This increased the net public area of the project, leading to higher parking demand. The representative of the applicant stated that the first and second floors are no longer used as game area. Findin9lJo. 2: That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated. The floor plans submitted with the application depicted a significant portion of the floor area devoted to game units. However, within six months of the issuance of the certificate of occupancy, the ref these games were removed w.. end be:•eFage se^v!ec eRd dace fleeFs, which is in direct violation of Use Permit 3626 Condition No. 1, which requires that the development be in substantial conformance with the approved floor plan. The lsle pe.t BeGGh PEAGo DepertmeRt has Gbse.. ed A representative of the applicant has stated that the project has ceased to provide valet parking services shGFtly Giftw epenipg, which is in direct violation of Use Permit 3626 Condition No. 3, which requires the project to provide a valet parking service. The Code Enforcement Division issued administrative citations on February 5, 2000 and February 26, 2000 for exceeding the City's exterior noise standard and Use Permit 3626 Condition No. 24, which requires compliance with the City's noise standards. Ne.. peFt 9eaGh PGliGe 9ffiEeF5 PG1#GlliR9 the 9F2G- +!Feljnd Buzz h he GI „i. emGRating {Fern the R1177 f n as fGIF GWGY id Eis From January 1, 2000 to September 30, 2000, the Newport Beach Police 43 INDEX City of Newport Beach Planning Commission Minutes November 9, 2000 Department has documented at least 66 calls for service and 98 officer - initiated activities at the project site. These peliee GGtivities have Rsaltr,d in 0.1 'PaS4 50 GFr8SA fe h-l*C --- isatien, bette ran^' G,.,er vielotieFig of the The NBPD concluded that the project was having an adverse impact on the health, safety, and welfare of the neighborhood and the general public and is a drain on police resources. The State Department of Alcoholic Beverage Control has formally advised the project owners that the continued criminal acts at the project site and surrounding area constitute a disorderly house and a nuisance. SmYFEIGY Rights GRGI G GGreFC-bGF9e is FequiFeel to e^!er the frent d Fielding No 3' Th • thprp hog hppn e din^ nfin of the e e e of the entitlement gFOntea by the . FA't fGF tun conseewfive days n The ! { to full Rt GRG T�c� .���ased�pera,�ar- a-- .o,rservise restedee.. entei,tainment fGGiWY sirace Elt leGSt Nevembe— F 18, 1999, when the gGMe- ^^verted fer fee' and beverelge service liYe 444 INDEX • 44 0 D- aH CITY OF NEWPORT BEACH Hearine Date: November 9, 2000 COMMUNITYAND ECONOMIC DEVELOPMENT Aeenda Item No.: 3 PLANNING DEPARTMENT Staff Person: Patrick J. Alford c1W :one�� 3300 NEWPORT BOULEVARD 644 -3235 NEWPORT BEACH, CA 92658 Appeal Period: 14 Days (949) 644 -3200; FAX (949) 644 -3250 REPORT TO THE PLANNING COMMISSION SUBJECT: Revocation hearing for Use Permit 3626 (Buzz) 3450 Via Oporto SUMMARY: Consider whether to revoke Use Permit 3626 (Buzz) on grounds that the approval was based on erroneous or misleading information or misrepresentation and that there are violations of the terms or conditions of the approval or other laws or regulations and that entitlement granted by the use permit has been discontinued for more than 180 consecutive days. ACTION: Revoke or take no action on: Use Permit No. 3626 LEGAL DESCRIPTION: Parcel 1 of Parcel Map 63 -11 (Resubdivision No. 477). ZONING DISTRICT: Retail and Service Commercial (RSC) District. LAND USE DESIGNATION: Retail and Service Commercial OWNER: June Johnson %Marvin Engineering Co. psi r- 0 VICINITY MAP 0- 4r c� x' Project ��— Site Use Permit 3626 Subject Property and Surrounding Land Uses Current land use: Commercial (eating and drinking establishment/commercial recreation). To the north: Newport Harbor Turning Basin. To the south: Via Oporto with commercial (parking structure /offices) opposite. To the east: Commercial (eating and drinking establishment/retail). To the west: Institutional (Elks Club). Use Permit 3626 (Bua) November 9, 2000 Pte" 7 E _. J Background On May 21, 1998, the Planning Commission approved (5 Ayes, 2 Absent) Use Permit 3626 for a "full service restaurant and entertainment facility" with a variety of interactive and skill games, on -sale alcoholic beverage service, live entertainment, dancing, and outdoor dining. The approval included a wavier for 41 parking spaces (Exhibits # 1 -4). On June 22, 1998, the City Council reviewed the Planning Commission's approval of Use Permit 3626. The City Council upheld the Planning Commission's action with modifications to conditions relating to ingress and egress on Central Avenue, requiring a comprehensive parking study, and that signage issues be clarified relative to free valet parking with validation (Exhibits #5 and #6). A temporary Certificate of Occupancy was issued on April 8, 1999 and the final Certificate of Occupancy was issued on May 14, 1999 (Exhibit #7). On November 18, 1999, the NBPD observed that the majority of the interactive game units had been removed from the project site (Exhibit #8). On January 19, 2000, the NBPD issued a memorandum on reports on increased calls for service and arrests associated with the project (Exhibit #8). On January 28, 2000, Code Enforcement observed that all of the interactive game units and all but four of the pool tables had been removed from the project site (Declaration of Code Enforcement Division). On February 5, 2000, the project's management was issued an administrative citation for exceeding the City's exterior noise standard and Use Permit 3626 Condition No. 24, which requires compliance with the City's noise standards (Declaration of Code Enforcement Division). On February 7, 2000, the Code Enforcement Division received a letter from The Towers Owners Association (3121 West Coast Highway) describing disturbances caused by music from the project (Exhibit #9). On February 16, 2000, the Planning Department notified the project's management by letter that the project was inconsistent with the terms and conditions of approval of Use Permit 3626.- The management was also informed of the NBPD reports on the calls for service and arrests. Later that month, representatives of the Planning Department, City Attorney's Office, and NBPD met with the project's management, wherein they agreed to submit a revised floor plan that would be reviewed for substantial compliance with the project's use permit. The project's management was also admonished that compliance with the use permit is required while the revised floor plan is reviewed (Exhibit #10). On February 26, 2000, the project's management was issued a second administrative citation for exceeding the City's exterior noise standard and Use Permit 3626 Condition No. 24 (Declaration of Code Enforcement Division). Use Permit 3626 (Buzz) November 9, 2000 Page 3 On March 6, 2000, State Department of Alcoholic Beverage Control (ABC) formally advised the project's owners that the continued criminal acts at the project site constitutes a nuisance and gave them 30 days to respond (Exhibit #8). On October 5, 2000, the Planning Commission determined that there are reasonable grounds for the revocation of Use Permit 3626 (Exhibits #11 and #12). Analysis Under the provisions of Section 20.96.040 of the Newport Beach Municipal Code (NBMC), the Planning Commission shall revoke a use permit upon making one or more of the following findings: 1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation; 2. That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated; 3. That there has been a discontinuance of the exercise of the entitlement granted by the permit for 180 consecutive days. Staff believes that there is evidence to support each of these findings. Should the Planning Commission revoke the use permit, all rights and entitlements granted by the use permit shall be voided 10 days after the date of the decision, unless appealed to the City Council (Section 20.96.040 (G) NBMC). Finding No. 1- The permit was issued on the basis of erroneous or misleading information or misrepresentation. Item IA. The character of the operation was represented as a full service restaurant and entertainment facility with 1,952 square feet of game areas. The project was approved as a full service restaurant and entertainment facility. The applicant's operations plan (Exhibit #13) described the project as similar to Dave & Busters, a chain of entertainment -theme restaurants with a variety of games and simulators, although "much smaller and more upscale." The applicant estimated in the operations plan that 50 percent of the project's revenues would come from food service with "the remainder split evenly between beverages, entertainment, and group /party functions ". Finally, the applicant's operations plan states the following: "The first floor will comprise the dining and bar area as well as the Activity Area. This area will feature simulation and skill games." Use Permit 3626 (B=) November 9, 2000 Page 4 I* 1 "The second floor will contain interactive games, as well as a dance floor, the second floor bar (existing) and additional dining tables." The game areas were presented as a means of giving the establishment an appeal to a wider segment of the population. In fact, the operations plan described the project as "a combined upscale restaurant and entertainment facility targeting a diverse market profile." The rapid conversion of the game areas to food and alcoholic beverage service and dance floors has fundamentally and substantially changed the operational characteristics of the project from a full service restaurant/entertainment facility to a bar /nightclub. Based on observations by the NBPD, the project operates more as a bar and nightclub than a full service restaurant. The Zoning Code clearly distinguishes bars from other types of eating and drinking establishments. Section 20.05.050 (K -7) defines a bar as follows: Bars and Cocktail Lounges. Establishments with the principal purpose to sell or serve alcoholic beverages for consumption on the premises or any establishment having any of the following characteristics: a. Is licensed as a "public premises" by the California Department of Alcoholic Beverage Control. b. Provides an area for serving alcoholic beverages that is operated during hours not corresponding to regular meal service hours. Food products sold or served incidentally to the sale or service of alcoholic beverages shall not deemed as constituting regular meal service. The project is now only open on Thursday, Friday and Saturday evenings. Observations by the NBPD indicate that regular meal service has been discontinued. The NBPD observed that on numerous occasions no food was being served or consumed in the dining areas, tables within the dining areas did not contain utensils, plates, glasses, condiments or other items typically associated with food service. Furthermore, the NBPD observed that the overwhelming majority of patrons are consuming only alcoholic beverages, dancing or both (Declaration of NPBD). In contrast, the operations plan submitted with the application stated that "the establishment will offer its full menu during all operation hours" (Exhibit # 13). The operational characteristics 'of the project are important because, at the outset, the NBPD expressed concerns about the establishment of another nightclub business in this area (Exhibit #2). The previous tenant of the site (The Warehouse) and previous nearby establishments (Bacchus and Thunderbird) had been associated with disturbances to the adjacent commercial and residential neighborhoods. In fact, the use permit for the Thunderbird was revoked in November 1995 due to problems associated with that establishment's operation as a nightclub instead of as a full service restaurant. The Planning Commission approved the project as a full service restaurant and entertainment facility because it was seen as a means of correcting past problems in this area. In fact, in a letter to the Planning Department, the applicant stated "the proposed project will turn the Warehouse restaurant and nightclub into a high -end restaurant establishment attracting an upper Use Permit 3626 (Buzz) November 9, 2000 Page 5 r end clientele" (Exhibit #14). This view of the project was reflected in the staff report (Exhibit #2) and reiterated by Planning Commission members' comments prior to the approval (Exhibit #3). The Commercial Recreation and Entertainment land use classification of the Zoning Code includes a wide range of establishments providing participant or spectator recreation or entertainment. Land uses range from cinemas to golf courses. The entertainment facility was presented to the Planning Commission as an arcade or electronic game center, which are establishments having three or more coin - operated game machines. The Zoning Code clearly distinguishes these types of facilities from cabarets and nightclubs, which are defined as follows: Cabarets and Ni tclubs. Establishments with the principal purpose of providing live entertainment and/or dancing occupying more than 20 percent of the net public area in conjunction with the serving of food and/or beverages (Section 20.05.050 (I- 3) NBMC). The approved floor plans identified only a 459 square foot dance floor, which is less than 5 percent of the 9,908 square feet of net public area. Observations by the NBPD indicate that at least 2,500 square feet, or 25 percent of the net public area is being used for live entertainment or dancing and no part is being used for dining (Declaration of NPBD). Such a facility is by definition a nightclub, which is not authorized by Use Permit 3626. In conclusion, the Planning Commission approved Use Permit 3626 on the basis of erroneous or misleading information or the misrepresentation that the project was to permanently operate as a full service restaurant/recreation facility. This was seen as a means of establishing a use that would correct the problems with the previous bar /nightclub use of the project site and be beneficial to the surrounding area. In sharp contrast, the project is being operated as a bar /nightclub that is negatively impacting the project site and the surrounding area. Item 1B. The increase of net public area and the waiver of 41 additional parking spaces was based on the erroneous information that the second floor game area was identified as a permanent feature of the project. The game areas were also the basis of the Planning Commission's approval of an increase of the net public area and the waiver of a portion of the project's off - street parking requirement. The project included increasing the net public area to 9,808 square feet or 1,141 square feet more than that approved for the previous project, The Warehouse (Use Permit 1711). However, since 1,952 square feet was proposed to be utilized as game areas, the project was presented as 811 square foot decrease in the net public area, since the game areas would not be used for food and beverage service. The game areas were identified as a permanent feature of the project and, at the public hearing, the applicant's representative distributed pictures of the interactive games as evidence that such equipment could not be easily moved and the floor area converted to other uses (Exhibit #1). Based on this information, the Planning Commission interpreted the game areas were to be used as an electronic game center. Since electronic game centers have a significantly lower off - street Use Permit 3626 (Buzz) November 9, 2000 Page 6 1—_ _. (o parking requirement than eating and drinking establishments', this feature was used as justification for the parking waiver. If the game areas were included as net public area, the project would have been required to provide 294 off - street parking spaces, thus requiring a waiver of 119 spaces. However, since the game areas were not included as net public area, the off - street parking requirement was only 216 off - street spaces, thus requiring a waiver of only 41 spaces (Exhibit #2). Within 6 months of the issuance of the certificate of occupancy, all but a few of these games were removed and the floor area was converted to food and beverage service and dance floors. This increased the net public area of the project, leading to higher parking demand. The provision of off - street parking was a key point of discussion at the Planning Commission hearings. Representatives of the adjacent commercial property owners and tenants testified that there was inadequate parking in Lido Marina Village, which impacted their properties. Item IC. The project is detrimental to the public health, safety, and general welfare. When the Planning Commission approved the use permit, a finding was made that the project "will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city." As indicated earlier, the Planning Commission made this finding in part because the project was perceived as a means of correcting past problems associated with the previous tenant of the site, The Warehouse, and previous nearby establishments, such as Bacchus and Thunderbird. The evidence compiled by the NBPD, Code Enforcement, and the ABC (Declarations of NBPD, Declarations of Code Enforcement Division, and Exhibit #8) indicates that the project is being operated in a manner that is contrary to the public heath, safety, and general welfare. Therefore, this finding was made on erroneous information and can no longer be supported. Finding No. 2: That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated. Item 2A. The terms and conditions of approval of the use permit were violated when the bulk of the games were removed. The floor plans submitted with the application depicted a significant portion of the floor area devoted to game units (Exhibits #15 and #16). The floor plans also indicated that 1,952 square feet of the 9,808 square feet of net public area would be devoted to game areas (see Attachment #3). However, within 6 months of the issuance of the certificate of occupancy, the bulk of these games were removed and the floor area was converted to food and beverage service and dance floors. Since at least January 2000, the project site has been used exclusively as a bar /nightclub with little or no food service. This is in direct violation of Use Permit 3626 Condition No. 1, ' The typical off - street parking requirement for eating and drinking establishment s is I space per 40 square feet of net public area. The off - street parking require for electronic game centers is I space per 400 square feet of gross floor area. Use Permit 3626 (13=) November 9, 2000 Page 7 rr - -I which requires that the development be in substantial conformance with the approved floor plan. Violation of this condition is extremely relevant because the floor plans were used to support the approval of the project as a full service restaurant and entertainment facility and to support the parking waiver. Item 2B. The terms and conditions of approval of the use permit were violated by failure to provide valet parking. Use Permit 3626 Condition No. 3 requires the project to provide a valet parking service. Valet service was deemed as essential in order to achieve full utilization of the Lido Marina Village parking structure, in which the project site is allocated 175 spaces on weekends, holidays, and daily after 6:00 p.m. and 200 spaces daily between 11:00 a.m. and 6:00 p.m. The NBPD has observed that the project has ceased to provide valet parking services shortly after opening. This is in direct violation of Condition No. 3. Item 2C. The Community Noise Control Ordinance and terms and conditions of approval of Use Permit 3626 were violated when noise levels exceeded exterior noise standards. Potential for music and other loud noises to impact surrounding land uses was raised by the public during the Planning Commission hearings. The Planning Commission addressed these concerns by imposing six conditions relating to noise control and compliance with the Community Noise Control Ordinance (Conditions Nos. 8, 9, 13, 22, 24, and 25 — Exhibit #3). NBPD patrol officers heard the music from outside the project and from as far as the residential area west of Newport Boulevard (Declaration of NBPD). The Code Enforcement Division issued administrative citations on February 5, 2000 and February 26, 2000 for exceeding the City's exterior noise standard and Use Permit 3626 Condition No. 24, which requires compliance with the City's noise standards (Declaration of Code Enforcement Division). On February 7, 2000, the Code Enforcement Division received a letter from The Towers Owners Association (3121 West Coast Highway) describing how loud percussion type music from the project site was disturbing residents (Exhibit #9). Item 2D. Numerous serious criminal acts have been committed on the project site and surrounding area: The Planning Department has received a report and two addenda from the NBPD concerning the adverse impact the project has had on the surrounding area (Exhibit #8). From January 1, 2000 to September 30, 2000, the NBPD has documented at least 66 calls for service and 98 officer - initiated activities at the project site. The NBPD has become a de facto security force for the project's bar /nightclub operations. At least three to four officers are deployed to the project site every night they are open to handle batteries, assaults, public intoxication, drug use, and drunk driving. These police activities have resulted in at least 50 arrests for public intoxication, battery, and other violations of the law. The NBPD concluded that the project was having an adverse Use Permit 3626 (Bum) November 9. 2000 Page 8 _ �- 0 0 impact on the health, safety, and welfare of the neighborhood and the general public and is a drain on police resources. Item 2E. Violation of the ABC Regulations On March 6, 2000, State Department of Alcoholic Beverage Control (ABC) sent a certified letter to the project owners formally advising them that the continued criminal acts at the project site and surrounding area constitute a disorderly house and a nuisance (Exhibit #8). The ABC gave the owners 30 days to inform them of the steps taken to eliminate the nuisance situation and prevent similar problems in the future. Failure to take reasonable steps to correct nuisance conditions within the time period established by the ABC is grounds for the suspension or revocation of an ABC license. Finding No. 3: That there has been a discontinuance of the exercise of the entitlement granted by the permit for 180 consecutive days. Item 3A. The project ceased to operate as a full service restaurant and entertainment facility since at least November 18, 1999. Use Permit 3626 was approved for a full service restaurant and entertainment facility. On November 18, 1999, the NBPD observed that the majority of the interactive game units had been removed from the project site (Declaration of NPBD). Observations by the NBPD and Code Enforcement have shown that the game areas were converted for food and beverage service, live entertainment, and dancing. Staff contends that this change in the operational characteristics caused the project to cease operation as the full service restaurant and entertainment facility approved by Use Permit 3626. Therefore, the entitlement granted by Use Permit 3626 has been discontinued for at least 356 days. Conclusion Staff believes that the information contained in this report supports the Section 20.96.040 findings for the revocation of the use permit. Therefore, staff recommends that the Planning Commission revoke Use Permit 3626 with the findings contained in Exhibit #20. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: PATRICK J. ALFORD Senior Planner r. Use Permit 3626 (Bun) November 9, 2000 Page 9 T--" 1 Attached Exhibits: IL( 12 13 14 15 16 17 18 19 20 21 22 23 May 7, 1998 Planning Commissioner minutes. May 7, 1998 Planning Commission staff report. May 21, 1998 Planning Commission minutes. May 21, 1998 Planning Commission staff report. June 22, 1998 City Council minutes. June 22, 1998 City Council staff report. Certificate of Occupancy January 19, 2000 NBPD report on Buzz w /addenda February 5, 2000 Towers owners Association letter. February 16, 2000 letter from Planning Director Patricia Temple to Randell Teffeteller. October 5, 2000 Planning Commission minutes. October 5, 2000 Planning Commission staff report. Use Permit 3626 Operations Plan March 24, 1998 letter from Erik Rameson to Associate Planner Marc Myers. First floor plan approved /observed changes. Second floor plan approved /observed changes. Floor area comparison (taken from project floor plans). Declaration of Code Enforcement Division. Declaration of NBPH. Declaration of the Planning Director. Verbatim minutes of May 7, 1998 and May 21, 1998 and declaration of Debbie Alcaraz October 27, 2000 letter from the applicant's attorney Findings for the Revocation of Use Permit 3626. E • Page 10 November 9, 2000 PC hearing Use Permit 3626 E -lC Ll Exhibit 1 0 .10 City of Newport Beach Planning Commission Minutes May 7, 1998 0 0 That the Planning Commission may add to or modify conditions of approval to this variance upon a determination that this variance, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. Thai this variance shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. xa� SUBJECT: JP's of Newport Beach (Erik Rameson, applicant) 3450 Via Oporto • Use Permit No. 3626 Request to allow the re- establishment of the existing Warehouse Restaurant which included on -sale alcoholic beverages, dancing and live entertainment as JP's of Newport Beach, a new full service restaurant and entertainment facility. The application includes alcoholic beverage service, outdoor patio dining, both indoor and outdoor live musical entertainment and indoor dancing. The application also includes a request to permit a variety of interactive and skill games, the use of valet parking service and to waive a portion of the required parking. Ms. Temple noted that this application involves a re- configuration of an existing restaurant formerly known as the 'Warehouse' into a new operation which includes a different operational characteristic including interactive video games. Staff has taken the position, due to the moveable nature of the games involved and the amount of floor area occupied, that the analysis should be based upon a regular restaurant net public area analysis for the game area. If Commission supports the applicafionon that basis, then a waiver of 119 required parking spaces for the operation is required. The Warehouse Restaurant as if is today, under the one parking space for every 40 feet of net public area would require a waiver of 90 spaces. Staff has looked of an alternative parking analysis for this project as a result of conversations with Commission that would be based upon: • 2nd floor includes a bar /lounge /doncearea, but is dominated by the video floor area with a low seating saturation • video game area has a much lower parking requirement than conventional restaurant seating (1 / 10 of requirement) • video game area would not likely be occupied for conventional restaurant seating although some beverages and light food items con be served in that area • by using the alternative parking approach, the parking requirement INDEX Item No. 2 Use Permit No. 3626 Continued to 5/21/98 t� City of Newport Beach Planning Commission Minutes May 7, 1998 INDEX would be 216 spaces resulting in a waiver of 41 parking spaces A lower parking waiver would preclude the eventual conversion of the new arcade area to standard restaurant service if the business were to change hands. and. would require an amendment to the use permit with an additional discretionary waiver of the parking. The City would be in a stronger position were other changes to occur over time to this particular business. Continuing. she stated this is an alternative for Commission to consider. In addition. one of the conditions of approval would be to require all the customers be allowed to park or to be served by valet parking at no charge. There may be some other arrangements or agreements that the City is not a party to that may indicate that some patrons may be required to pay for the valet service. If the alternative approach is considered. then condition number 2 would need to be changed to a waiver of 41 parking spaces instead of 119 parking spaces. Additionally. the property owner does control a parking lot on 32nd Street to help support the overall parking requirement for Lido Marina Village and suggested an alteration to condition number 16 that would require that all employees park in the parking structure or on the 32nd Street lot. Commissioner Fuller asked about and was answered: • notified property owners across the channel - location relative to residential uses would not be affected in this case. therefore. they were not notified • any studies done on parking as expressed by the Via Lido- the owner of the Via Lido Plaza has provided a number of documents over the years both of complaint and documentation of 'poached' parking between the two properties Ms. Temple noted that better utilization of the on -site parking resources will assist the situation. The change of operational characteristicswith a high level of floor area occupied by non- conventionalrestaurant service should lower the overall parking demand from this particular business. Currently the property owner polices people from parking in his lot. It is the City's hope to involve all of the property owners in a study of this area for some type of a comprehensive parking study. Mr. Myers added that is part of the reason for the requirement of the use of valet parking. to get the full utilization of the parking structure. Based on staff's observations. the parking structure use during the week was minimal and on the weekends and at night. was negligible. The use permit for the Thunderbird' has been revoked and it would require any new applicants to come back to the Commission. If that site were put to some use. it would require additional parking somewhere. The parking structure that is there. includes usage of that same building since there are 395 spaces and if used to the maximum potential would provide an adequate amount of parking. City of Newport Beach Planning Commission Minutes May 7, 1998 Ms. Temple stated that the City's Zoning Code was changed from parking based on number of seats to parking based on net public area because if is much easier to enforce and the formulas were devised using a standard restaurant seating saturation in order to devise the net public area. The area on the second floor that is really for beverage service and, dancing have been left calculated at the conventional restaurant rate. If is only the gaming area that staff is suggesting using the alternate ratio. Comparisons of 1 parking space for every three seats - now 1 parking space for every fifteen square feet per seat, then the ratio would be 1 space for every 45 square feet. Commission asked: 1) under existing Code, is there a difference in the parking requirement between a bar and a restaurant 2) staff report indicates that the existing use permit is a re- establishment, is the existing use permit still operational and valid 3) whatever form this current application was either approved or denied the applicant would still be able to go back and establish their use within the parameters of the Warehouse use permit which would include a waiver, by today's standards, of 91 parking spaces 4) when the original use permit was approved under the old parking standard of 1 per every 3 seats, were there any waivers granted 5) when the 'Thunderbird' was in operation, how many parking spaces were they required to provide in the parking structure 6) with 175 spaces at night for Warehouse, the remaining 200 spaces were to be used for the Thunderbird and remaining retail uses 7) under the existing use permit of the Warehouse, how many seats are allowed 8) busing or iransportafionio the 32nd Street parking lot where the unused bank kiosk is located 9) Via Oporto private or public street 10) is there an easement that Lido Marina Village maintains 1 1) going back to the existing use permit in this application, the difference between the two applications is: • the net public area is being increased by 1 141 square feet • the applicant is putting in video arcade games • all other things the applicant is requesting are permitted under the existing use permit 12) the conditions that speakers located in the outdoor dining area shall comply with the provisions of Chapter 10.26 of the NBMC - is this the Noise Ordinance Staff answered: 1) there is not, however, the Restaurant Parking Chapter allows the Planning Commission to establish a parking requirement within the range of 1 per 30 to 1 per 50 square feet of the net public area INDEX Ii City of Newport Beach Planning Commission Minutes May 7, 1998 INDEX depending on the operotionol chorocteristic (seporote stondords could be estoblished for o bor oreo use within o restouront use) 2) yes 3) yes, thot is correct 4) no, there were not - there wos o limitotion imposed on the seoting and occuponcy 5) not known 6) recoil and restouront, compored to todoy's porking stondords, the porking structure in itself would not provide the full porking compliment for oll the uses in Lido Villoge 7) 524 8) there is o potentiol for the property owner, if he chooses, to require employees of the Worehouse site to pork of 32nd Street, he would be required to provide some sort of shuttle service and security for those employees 9) public street 10) there is o non- stondord improvement opproved through on encroochment ogreement and Lido Morino Villoge is required to mointoin the brick street 11) there ore some modest differences • there is o slight increose in hours of operotion in the morning • scoff is suggesting thot the number of entertoiners ollowed on the outdoor potio be limited to o moximum of two where there is currently no limit • other thon thot, the operotion is lorgely the some 12) yes, Chopter 10.26 of the NBMC is the Noise Ordinonce Public Comment wos opened. Mr. Jerry King„ representing the oppliconts, distributed pictures of the interoctive video gomes. He noted they ore not the kind of equipment thot is moved oround and is therefore in support of whot scoff is supporting in the porking onolysis. He hos tolked to the residents in the oreo, porticulorly in the Towers. There hove been no comploints while the previous owners hod outdoor dining, doncing or noise. In the upstoirs oreo, there is not o lot of seoting. During the prior occupotions of the other business, there wos o tendency to pork ocross the street and the operotors of thot center hove been diligent in noticing people and /or towing tors. The opplicont hos been osked to hove o security service os port of this operotion which is included in the pocket. Port of the personnel represent security who potrol the floor of the restouront and control the octivity on the floor and oround the outside including the potio. He supports the findings and conditions noted in the scoff report and with the chonges indicoted this evening. Stoff noted thot the plons show thot the number of existing seots is the some os the proposed number of seots (524) which includes the seoting in 0 1� City of Newport Beach Planning Commission Minutes May 7, 1998 the game areas. Mr. Don Gregory, 601 Lido Park Drive noted the following in opposition to this application: • to allow a uniform code of hours and noise abatement for restaurants to be established by members of the EQAC • noise consultant will be meeting with EQAC shortly • application is really for a different type of sports bar • hours are far beyond what has been allowed • this location is very calm now • people do not eat later than 11:00 p.m. and only come to drink and hear music • parking is a concern • asked to continue this item to allow time for the EQAC to offer suggestions • wants to be fair to all the businesses and residents in the area William Bissell, 1200 Quail Street representing Lido Partners owner of the via Lido Plaza Shopping Center spoke in opposition. The Lido Partners, merchants and tenants are surprised that Commission is even considering the waiver of 119 parking spaces or 41 spaces under the alternate plan. Lido Partners and the merchant tenants feet they have long born the burden of the inadequate parking at the Lido Marina village through increased maintenance costs and security costs and loss of business. This particular project does nothing to relieve that burden but instead will compound it. Staff's report on the plan appears to be based upon an analysis that the parking structure in Lido Marina village is under utilized. The report however, does not make an attempt to make a finding as to what is the cause of that. That is obvious, the cost of the parking structure parking when there are 300 free parking spaces just steps away. Under this particular plan this will continue. The merchants, tenants and Lido Partners are only concerned with the burden of the additional parking. We hope a resolution can be found but not at the expense of other tenants. Free parking and validationwould be a step in the right direction. Commissioner Adam noted that the free parking or free valet parking would be an incentive to utilize the parking structure and thereby help to eliminate the use of the center parking. Public Comment was closed. Commissioner Gifford asked about an agreement that was under consideration and altering the conditions of parking and charges. Ms. Temple noted that some of the agreements are not completed yet, although there has been some private litigation and settlement agreement relating to parking at the structure. Should the Commission 10 INDEX )6 City of Newport Beach Planning Commission Minutes May 7, 1998 elect to approve this application with the City's condition in regards to free parking for customers of this business, it could require that the owner go back and re- negotiate some of the settlement agreements. They would be required to do so before they could implement the approval. Public Comment was re- opened. Mr. Jerry.King stated that the applicant is in agreement with validating the parking for patrons but as part of the settlement agreement which is still not signed and open, the applicant was unaware that there was a clause requiring that the Warehouse pay a portion for the valet. There is a clause that the valet has to be paid. This is an issue that will need to be addressed by the applicant. Commissioner Selich clarified that the conditions in the staff report say that the valet parking will be free, and parking in the parking structure will be free with no time limit. Mr. King agreed and stated that they have actually given the patron four hours. Commissioner Adams asked under what conditions the applicant would validate the parking? He was answered that if would be validated for four hours with no minimum purchase requirement. Discussion continued on parking validation time limitations, signage, tenant responsibility, off -site parking for employees at 32nd Street lot or with no charge in the parking structure and a requirement of a valet parking plan from the applicant for city review. Public Comment was closed. Mr. Edmonton noted that there a number of places within the city that have valet stacking and drop off on a public street. If is preferred that if be done on site. Commissioner Adams noted the following: • this looks like a unique opportunity to solve a long standing parking problem • free parking required of a major tenant - should shed some of the parking demand into the parking structure • reducing net public restaurant area in the village - thereby reducing future uses of this permit in a more intense manner without a public hearing • no answer to the problem that Lido Partners is having that is better than this opportunity Continuing, he noted that there is not enough data to be confident that there is enough parking in the area to be waiving anywhere from 41 to 119 11 INDEX 0 u it City of Newport Beach Planning Commission Minutes May 7, 1998 spaces. Therefore, he recommends that a study be done encompassing the use of '/1 hour increments over Thursday, Friday, Saturday and Sunday as well as factoring summer activity. Also. Commission needs to know what the present and future demands are with all sites being occupied. This information will allow proportional parking spaces. A continuance to do a parking study will not be enough to include what the EQAC recommendations might have. The timing will be too long for that and we have to be fair to this business although it would be nice to be able to do wait for EQAC. Mr. Edmonton noted, at Commission inquiry, that at the peak of activity the parking structure was full to the point that cars were parked in aisles and the two entities had valet service. The Lido Plaza, City Hall and surrounding streets were full when the Baccus and the Warehouse were in full operation. The uses were not operating as restaurants only. Commissioner Ridgeway supported the application recognized the need for an additional study for stated reasons. He added that the conditions as proposed, number 8 should read that the Noise Ordinance shall apply to the entire project. Motion was made by Chairperson Ridgeway to continue this item to allow a parking inventory to be done in the parking structure, Lido Marina Village, the office building, the bank building and the 32nd Street parking. Commissioner Adams asked for a capacity study to be done to understand the current tenant situation. He asked staff if the applicant could do this study. Mr. King noted that three professional studies have been done on the parking structure over the years. Some of the areas that have been traditionally been Magic Island and the Thunderbird, have been converted to office uses. The second floor of the former night club is gone. Commissioner Adams stated that there is not enough data to approve this application and that the applicant needs to do whatever is necessary to make a case to assure that parking can be squared away in this area. If you can utilize old studies, that's fine. Commission just needs and wants this information. Commissioner Gifford stated that there is not enough information given to the Commission. The Commission is stating that we need to know exactly what is included in Lido Marina Village, what the parking demand would be if all the parking spaces were used to the maximum parking demand use that is authorized presently under the Code and under what conditions the 32nd Street lot can be used. Public Comment was closed. 12 INDEX �4 City of Newport Beach Planning Commission Minutes May 7, 1998 Without objection and by show of hands, Motion Passed. Ott SUBJECT: Recreation and Open Space Element (City of Newport Beach, applicant) • GPA 94 -2 (E) A comprehensive update of the Recreation and Open Space Element of the General Plan. Ms. Temple noted that in the audience there were people who contributed to this plan and will be speaking: Mr. Larry Lawrence- consultant and preparer of draft element Ms. LaDonna Kienitz- Director of Community Services Ms. Pat Beek - member of Parks, Beaches and Recreation Commission who reviewed this element prior to its being forwarded to Planning Commission for review Mr. Patrick Alford presented the staff report noting the following changes: ✓r add the provision of adequate parking to Policy 2.6 on Page 3 -6 • add references to CIOSA section (Page 1 -7) clarifying that certain sites may be used for senior housing. • revise Service Area 9 map to show Newport Dunes as a private recreational facility and additionally noting: • comprehensive update to replace 1985 version • update of future needs and existing facility • a more effective format and organization of policies and data • Bonita Canyon Area annexation will be updated Ms. Temple, at Commission inquiry, explained that the element was drafted by the consultant and was reviewed in sub - committee of the PB & R Commission. Subsequent to the preparation of the public review draft, it was considered by the PB & R Commission at a public hearing where they approved the draft. Mrs. Wood noted that at the beginning of the process there was also a survey of the community to help establish what the needs are. Commissioner Ashley asked about the open and passive space represented by Upper Newport Bay. 13 Item No. 3 GPA 94 -2 (E) INDEX 0 • 0 19 0 Exhibit 2 El 0 N, J '= CITY OF NEw.-ORT BEACH PLANNING \BUILDING DEPARTMENT 33� NEWPORT BOULEVARD NEWPORT BEACH. CA 92656 (74) 644-SZ-; FAX (74) 644-325° Hearing Date: Agenda Item No.: Staff Person: Appeal Period: REPORT TO THE PLANNING COMMISSION PROJECT: J.P.'s of Newport Beach (Erik Rameson, applicant) 3450 Via Oporto 7, 1998 2 Marc Myers (714) 644 -3210 14 days PURPOSE OF APPLICATION: Request to allow the re- establishmentof the existing Warehouse Restaurant which included on -sale alcoholic beverages, dancing and live entertainment as J.P.'s of Newport Beach, a new full service restaurant and entertainment facility. The application includes alcoholic beverage service, outdoor patio dining, both indoor and outdoor live musical entertainment and indoor dancing. The application also includes a request to permit a variety of interactive and skill games, the use of valet parking service and to waive a portion of the required parking. ACTION: Approve, modify or deny: 0 • Use Permit No. 3616 LEGAL DESCRIPTION: Parcel I of Parcel Map 63 -11 (ResubdivisionNo. 477) ZONE: RSC (Retail Service Commercial) OWNER: Lido Marina Village, Newport Beach Points and Authority The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail Service Commercial" uses. A restaurant is a permitted use within this designation. The Land Use Element allocates a maximum square footage based on 0.3 FAR for restaurant uses. Environmental Compliance (Cal ifomia Environmental Quality Act) It has been determined that the project is categorically exempt under Class I (Existing Facilities). • Use Permit and restaurant development standards, procedures and requirements are set forth in Chapters 20.91 and 20.82 of the Municipal Code. At A� A h � �n �r.rrn `S1 VICINITY MAP s.VtJT 3r i k KT/ Yy Jf ^I/T ) \Y �i E /s Use Permit No. 36261 Characteristics of the Proposed Operation Current Development: is the existing Warehouse restaurant To the north: is the Elk's Club To the cast: is Newport Bay To the south: is a small restaurant and retail shops To the west: across Via Opono is the previous Thunderbird Restaurant and the Lido Marina Village PariQR Use Permit No 3626 Page l x L 0 r1 Characteristics of the Proposed Operation ' Area devoted to waiting and dining within the facility. Based on the requirementsof the Newport Beach Municipal Code Regulations Use Permit No 3626 Pag9i3 Existing Proposed Restaurant Operation Restaurant Operation Gross Bldg Area (sq.ft.): TOTAL: 17,119 sq.ft. 17,119 sq.ft. Net Public Area (% of spacej: Interior: 8.382 sq. ft. 7,571 sq.ft. (44 %ofGBA) Outdoor Patio Dining: 2.237sq.ft. 2,237 sq.ft. (13 %ofGBA) SUBTOTAL 10,619 sq. ft 9,808sq.ft. Other area: Restroom. kitchen. storage and service areas: 6.500 sq. ft. 5.359 sq.ft. (31 %ofGBA) n/a 1,952 sq.ft. Floor area occupied by games: TOTAL AREA (net public area includingarea of games): 10,619 sq. ft. 11,760sq.ft. (area used to determine parking) Parking Provided: 200 spaces; 11:00 a.m. to 6:00 p.m., 200 spaces: 11:00 a.m. to 6:00 p.m.. daily, 175 spaces after 6 p.m. daily. 175 spaces after 6 p.m. Monday Monday through Friday: and all day through Friday; and all day Saturday, Saturday. Sunday and holidays Sunday and holidays Required Parking for restaurant 213 to 354 spaces 236 to 392 spaces (1/30 to 1/50 sq.ft. of "net public area ") Allocated to Subject Restaurant: 175 -200 spaces 175 -200 spaces Allocatedto other uses on- site:(Lido Village) 220 spaces 220 spaces TOTAL: - 395 spaces 395 spaces Staff Recommendation: 175 spaces 175 spaces 10,619 sq. ft. net public area 11,760 sq.ft net public area. (no area dedicated to games) (includingarea of games) (waiver of 90 spaces if parked at WAIVER OF 119 PARKING 1140 sq. ft. n.p.a.) SPACES (if parked at 1/40 sq. ft. n.p.a.) Live Entertainment:(indoor /outdoor) YES YES Dancing: (indooronly) YES YES Valet Parking Service: YES YES Nu mber of Employees: (15.40 daytime. 20-60 even ing shi ft) Hours of operation: 11:00 a.m. to 2:00 a.m. Monday 10:00 a.m. to 2:00 a.m., daily through Saturday, 10:00 a.m. to 2:00 a.m. Sunday ' Area devoted to waiting and dining within the facility. Based on the requirementsof the Newport Beach Municipal Code Regulations Use Permit No 3626 Pag9i3 Anatysi s The restaurant facility is located in Lido Marina Village and currently contains approximately 17,119± gross sq. ft. The project involves remodeling and reconfiguring the interior floor area of the existing facility to accommodate entertainment in the form of interactive video games, pool tables, live musicians and dancing in addition to the food service. The first floor of the restaurant facility will consist of a dining area, bar, restrooms, offices, storage area. kitchen and related restaurant service areas, and billiards tables and interactive video games. The second floor will consist of more interactive video games, dining areas, a bar, dance floor, bandstand and restrooms. As proposed, the remodel will encompass the entire interior portion of the building and some minor exterior facade changes. The alterations will result in an increase in the "net public area" of the restaurant. However, if the areas occupied by games are excluded from the calculation, then there is a decrease in the net public area of the restaurant devoted to dining. Staff discusses the impacts of these alternatives later in the report. Approximately 7,571 sq. ft. of the floor area will be utilized for indoor dining and 2,237 sq. ft. will be used for outdoor dining. The parking for the subject use is located across Via Oporto in the Lido Marina Village parking structure. In review of this application, staff has analyzed issues related to: • net public area determination; • off-street parking; • waiver of off-street parking; valetparking; • hours of operation; • outdoor dining area; • noise; • live entertainment; and • neighborhood compatibility Net Public Area Determination Section 20.72.060 (E) of the Municipal Code defines net public area as "the total area of a restaurant, bar or theater /nightclub excluding kitchen, restrooms, offices pertaining to the use only and storage areas." Section 20.72.060(A)lc of the Municipal Code further provides that the physical design characteristics of the use may include other areas which should be logically excluded from the determination of net public area. The facility will include various amusement devices including pool tables, arcade games and interactive video games. The applicant has identified these as a permanent characteristic of the restaurant use /entertainment facility. Although some games require the player /participamto get in or on the game apparatus, the actual game structure does occupy floor area which would not be occupied concurrently by a restaurant patron. Therefore, the applicant wishes to discount this area from the net public area calculations to determine the parking requirement or to receive a waiver of a portion of the parking requirement. Use Permit No 3626 1 �' Page,e The areas occupied by the games are not specifically excluded by the Municipal Code provisions, and findings can be made that would include these areas in the determination of net public area pursuant to Section 20.66. Since games will be located throughout the entire facility and may be used by restaurant patrons, persons waiting to be seated and others, game areas have typically been included in the net public area calculation. Should this business cease to exist, or if the proposed game locations are no longer utilized for interactive video arcade devices, the area would most likely be converted to additional dining area which would trigger an increase in the parking requirement. By including the areas that are occupied by games in the net public area, any future change would be accommodated by the parking approved with this use permit and would not require an amendment to the use permit (unless it became additional bar or lounge area). If the area of the games is excluded, more of the parking requirement could be met, but some difficulty may exist for Code Enforcement's monitoring the use of the facility. Therefore, staff is of the opinion that the arcade area cannot be logically excluded from the determination of net public area and should be included in determiningthe parking requirement. Off-Street Parkin The Lido Marina Village parking structure contains 395 parking spaces. An off -site parking agreement has been recorded which provides for the permanent use of the parking structure. The existing restaurant is required to provide 175 parking spaces in the Lido Marina Village parking structure after 6:00 p.m. daily and on weekends and holidays, as established in conjunction with the approval of Use Permit No. 1711. This parking requirement is based on the old restaurant standard of I space for each 3 occupants. In addition, the existing restaurant provides 200 parking spaces between 11:00 a.m. and 6:00 p.m. Monday through Friday and validates parking for persons who choose to self -park. The applicanthas recently obtained written authorization from the owners of the parking structure allowing the facility to utilize the parking structure during the peak lunch hours as well as evening hours for valet parking purposes. These parking rights are non - exclusive and shared with other Lido Marina Village tenants. Off - street parking requirements for eating and drinking establishments are governed by the provisions of Section 20.66.070 of the Municipal Code. That section requires the Planning Commission to establish the off -street parking requirement for these establishments within a range of one space for each 30 to 50 square feet of net public area based on various considerations such as physical design characteristics, operational characteristics and the location of the facility. Based on the "net public area" of the existing restaurant, the parking requirement could vary from 213 spaces to 354 spaces. Therefore, the existing restaurant as currently approved is nonconforming with regard to the current off -street parking standards. Staff is of the opinion that this type of restaurant will generate the need for one parking space for each 40 sq. ft. of "net public area." This is the parking ratio most commonly used by the Planning Commission, and staff does not find any unusual design or operating characteristics that would increase the parking demand in this case. A ratio of one space per 43 sq. ft. was used for the Speedway Restaurant, which also includes video games. Since the addition of the proposed interactive video games to this restaurant will actually result in a decrease in the area used for dining, the proposed use is not anticipated to have a higher parking demand than the previous Use Permit No 3626 Pagek s1� establishment at this location. Additionally, walk -in patrons are expected from the neighboring area including a number of multiple user patrons that utilize the parking structure when shopping the commercial uses in Lido Marina Village. If the area occupied by games is excluded from the calculations, based on a parking ratio of 1/40 sq. ft. of net public area, 245 spaces will be required. However, if the game area is included in the net public area calculation as staff suggests, the parking requirementwill be 294 spaces. Since this pool of available parking is located in close proximity to the subject restaurant, staff suggests that the area occupied by games be included in the net public area calculations and that a waiver of 119 spaces be considered. Waiver of Off - Street Parking Requirements Since 175 parking spaces in the parking structure are allocated to the restaurant in the evening, the applicant is requesting a waiver of 70 to 119 parking spaces, depending on whether the games are included in the net public area calculation. Chapter 20.66. 10 states that a use permit may be approved by the Planning Commission to modify or waive the number of off - street parking spaces required by the terms of this chapter if one or more of the followingconditions are met: A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. 0 2 The site is subject to two or more uses and the maximum parking requirementsfor such uses do not occur simultaneously. 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66 100 (B). 4. The Planning Commission makes the following findings: a) The parking demand will be less than the requirement in Section 20.66.030. b) The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. Staff is of the opinion that finding number 2 can be made in this case. The restaurant is located within the Lido Marina Village commercial area, which is served by a parking structure with 395 spaces. The commercial village contains a mix of retail, office and food uses in addition to the proposed facility. The maximum parking requirements for those uses within the commercial village do not occur simultaneously since the uses which occupy the commercial village are a mixture of retail, office and food service uses. Patrons and employees of these uses arrive and depart the site at various hours of the day, providing for efficient utilization of the parking available for the project. Use Permit No 3626 Page Although the parking structure does not provide a surplus number of parking spaces considering all the uses it serves, staff has observed a large number of vacant spaces due to the fact that the peak parking demand for many of the commercial businesses in Lido Marina Village does not occur simultaneously. Based on staffs observations, the parking structure appears under - utilized during the peak lunch time and evening periods. Consistent daytime use has been observed on the first and second floors of the parking structure only. A majority of the office and retail uses are closed in the evening, resulting in a surplus of available parking after 6:00 p.m. On Friday and Saturday nights between the hours of 8:00 and 9:00 p.m., there have been less than fifty cars in the entire parking structure. There is also a Municipal Parking lot on the comer of Central Avenue and Via Oporto and additional on- street parking along Central Avenue. Staff feels that there will be an adequate amount of spaces available during the restaurant's hours of peak demand since the proposeduse is a restaurantwhile many of the commercial village uses are retail. Additionally, finding 4(b) can be made because long -term occupancy of the commercial development, based upon it design, will not generate additional parking demand since the village consists more of conventional retail1office type structures designed for those uses. Only occupancy dominated by eating and drinking establishments would alter this circumstance, and the City has the ability to control the restaurant type uses approved for the Lido Marina Village area. Valet Parkine The applicant has indicated a desire to provide valet parking service on a limited basis in conjunction with the restaurant. The intent is to provide the parking structure for self- parkingon a regular basis, with the use of valet parking during peak periods so that the restaurant facility may obtain maximum parking potential in the parking structure. The valet/passenger drop -off area will be located along Via Lido in front of the restaurant. No significant conflicts are anticipated, due to the convenient location of the parking structure. The ingress /egress to said parking structure is provided from Via Lido Drive and Central Avenue which run parallel and perpendicular to Via Oporto. The final valet parking operational plan shall be subject to the approval of the Traffic Engineer. Staff has no objection to the voluntary use of a valet parking service and has included a condition for approval requiring that the applicant submit a valet parking plan for review and approval of the City Traffic Engineer prior to implementation. It should be noted that a condition of approval has been included to require that the valet parking servicebe complimentary. . Hours of Operation The previous business operated for lunch and dinner service with hours of operation from 11:00 a.m. to 2:00 a.m., Monday through Saturday and from 10:00 a.m. to 2:00 a.m. on Sundays. The applicant has requested a slight expansion of the hours to 10:00 a.m. to 2:00 a.m., daily. Staff has no objection to these hours of operation since the request is to open I hour earlier in the morning, and there are no residential uses in the area that would be impacted by this change. Since the applicant has indicated that the facility will operate as a full service restaurant, staff recommends that the full dinner menu be available until closing. Should the food service be closed at any time Use Permit No 3626 Pag�y during the day, the facility would stop operating as a restaurant and become a bar under current Code definitions (a place of business where the principal purpose is the sale and service of alcoholic beverages, Section 20.87.033 of the NBMC). Since this approval is for a full service restaurant, any change to allow the operation as a bar would require an amendment to this use permit. Outdoor Dinine The application includes a request to allow the continued use of outdoor patio dining on the southeast side of the restaurant facility. The area of the patio is 2,237 square feet and is included in the net public area of the restaurant. The size and location of the outdoor dining area seems suitable with the building since the primary outdoor dining area is located on the east side of the facility between the subject and adjacent buildings, with only a few tables located on the north side of the building adjacent to the bay. Since the primary location of the outdoor dining area does not orient toward the uses across Newport Bay, staff is not opposed to closing hours consistent with the indoor portion of the facility and the previously approved use permit. Additionally, noise related activities (live entertainment and outdoor speakers) are addressed by the conditions of approval so that the 2:00 a.m. daily closing hour should not impact area business owners or residents. Finally, staff has no record of complaints from the use of this area for outdoor dining by the previous restaurant. Noise 0 The proposal includes a sound system with speakers located throughout the building and the outdoor patio for background music. Staff is concerned that the amplification equipment (public address systems) and audio equipment together with the arcade games could generate noise which may impact the surrounding area. Noise associated with the facility's dining areas and speaker system could disturb adjacent businesses and commercial and residential uses located across Newport Bay. The speakers will be spaced at 15 ft. intervals throughout the outdoor patio area. The proposed speaker is a low watt speaker designed for outdoor commercial application. The frequent spacing and increased number of speakers will actually decrease the overall noise level since the sound frequency has less distance to travel between speaker locations resulting in a lower volume level. The fact that the primary dining on the outdoor patio is located on the east side of the building, and not directly facing commercial or residential uses across the bay, should also prevent noise problems related to the background music. In order to minimize noise problems associated with such use, staff has recommended conditions of approval as follows: • Require the doors and windows of the building be closed at all times to prevent noise emanating from the interactive games and general restaurant operation. • Restrict the use of outside speakers to the patio dining areas of the restaurant only, and not allowed within any other area outside of the building. G� Use Permit No 3626 0 Page • Require the sound system to be restricted to pre- recorded music only and not in conjunction with the sound system of the live entertainment or the paging of patrons. • Require that the sound system be designed and utilized to comply with the provisions of the Community Noise Ordinance. • Require the use of the outdoor live entertainment to cease at 10:00 p.m., daily. This should confine any noise generated by the facility to the site only. Staff has also included conditions of approval which require that a noise study be performed, at the Planning Director's discretion, should noise complaints arise in the future Live Entertainment The applicant has requested approval of indoor and outdoor live entertainment as previously approved. The indoor live musical entertainment will take place on the second floor near the dance floor. The number of musicians will vary, but is expected to be between 1- 4 persons. The types of instruments will vary depending on the individual musicians. The indoor live entertainment will be amplified, but the windows and doors of the structure shall remain closed at all times. The outdoor entertainers are anticipated to be small combos with a maximum of three persons with no sound amplification. Noise associated with the entertainment could disturb commercial and residential uses located adjacent to the site. In order to address these concerns, staff has included conditions of approval which require the following: • The windows and doors shall remain closed during the performance of the live entertainment. • Live entertainment on the interior of the building shall be limited to the hours of 9:00 p.m. to 1:30 a.m. only. • Amplification of the interior live entertainment shall be permitted so long as it is confined to the interior of the restaurant with the doors and windows of the building closed during performances. • The outdoor patio live entertainment shall be limited to the hours of 10:00 a.m. to 10:00 p.m. daily, and the entertainment shall be limited to non - amplified acoustical instruments only, with one or two performers maximum. No sound amplification, brass or percussion instruments shall be permitted at any time. • The indoor and outdoor live entertainment shall be conducted in such a way as to comply with the provisions of the Community Noise Ordinance requirements. Staff believes that based on the orientation of the building relative to Lido Marina Village, the location of the live entertainment on the northeast side of the interior of the building, the restrictions on the instrumentation and limited hours of the outdoor live entertainment, noise concerns have been adequately addressed by the conditions of approval as recommended. Use Permit No 3626 a PagoW Neighborhood Compatibility The subject site has historically housed facilities which have been in the business of serving food and alcoholic beverages to the public. The Police Department points to the fact that the use which currently occupies the site, on occasion has been a disturbance to the surrounding commercial and residential neighborhoods. The Police Departmenthas indicated that in 1994 and 1995 a numberof incidents occurred related directly to this and the previous neighboring establishments (Thunderbird and Bacchus). These problems were associated with the use of the subject facility as a bat /nightclub. Some of these problems already had been mitigated by the closing of the previous neighboring establishment. The proposed establishment will have more family appeal as a result of the games. In addition, conditions of approval require it to be a full service restaurant and not a bar or nightclub. Conditions in the exhibit for approval include a limitation on the hours of operation and the prohibition of outside promoters, unless an amendment to this use permit is first approved. Although there is an over - concentration of liquor licenses in Census Tract 635.00 and criminal activity in Police Reporting District 15 which is 65 % above the citywide average, this proposal is for the re- establishment of an existing restaurant and does not represent an increase in the number of liquor licenses in the area. In working with the applicant, staff of both the Police and Planning Departments have emphasized the need for the management to exercise adequate control of its patrons and employees to prevent the previous problems of noise and excess alcohol consumption. If the restaurant is operated in this manner, the project should not have a detrimental effect on the neighborhood nor result in a significant demand for police services. It should be noted that the City has received cooperation from the business owner regarding problematic issues; however, if the operator's control should not adequately prevent problems from occurring, Condition of Approval No. 26 provides for the Planning Commission to add or modify conditions of approval, or recommend that the City Council revoke the use permit. Recommendations Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particularcase, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. In this particular case, based upon the analysis contained in this report, staff is of the opinion that the findings for approval of the use permit can be made for the proposed full- service restaurant facility and parking waiver since the parking requirement for the site can be adequately served by the pool of parking available in the structure. Because of the building's location in a commercial shopping area, with no nearby residential uses, there is little potential for problems associated with hours of operation and noise generated by the proposed restaurant operation. The orientationof the Use Permit No 3626 3� Page 0 proposed restaurant with the outdoor dining patio area turned away from Newport Bay also protects against impacts on neighbors. Finally, the recommended conditions of approval, which include restrictions on the live entertainment, outdoor paging and speaker systems, should control impacts on neighboring properties in the vicinity. Should the Planning Commission wish to approve Use Permit No. 3626, the findings and conditions of approval set forth in the attached Exhibit "A" are suggested. However should the Commission desire to deny this request, the findings set forth in the attached Exhibit "B" are suggested. Submitted by: Prepared by: SHARON Z. WOOD MARC W. MYERS Assistant City Manager Associate Planner Attachments: Exhibit "A" Exhibit `B" Letter from the tenants of Lido Marina Village Map of Lido Village Plot Plan, Floor Plan and Elevations FAUSERS\PLMSHAREO \I PLANCOW 1998 \04.23 \uP3626z.doc Use Permit No 362,�6 Page EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3626 Use Permit No. 3626 Findines: I: The proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial' uses and a restaurant is a permitted use within this designation. 3. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class I (Existing Facilities). 4. The request of Use Permit No. 3620 to waive a portion of the required parking may be approved for the following reasons: • The proposed restaurant/entertainment facility is located in a multi -tenant commercial village which is comprised of uses whose parking demand does not occur simultaneously. • The long term use of the commercial village will not generate a parking demand which could not be accommodated by the parking structure unless a higher concentration of food uses were to occupy more of the buildings in Lido Village which would generate additional parking demand. • Adequate off - street parking spaces exist in the parking structure for the benefit of the proposed restaurant facility and the other uses in the Lido Marina Commercial Village to accommodate the proposed change in the restaurant facility. • A municipal parking lot is located in useful proximityof the proposed use. 5. The approval of Use Permit No. 3626 to allow the establishment of the restaurant facility will not, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The restaurant use is compatible with the surrounding commercial uses since restaurant uses are typically allowed in commercial districts and conditions of approval have been incorporated which will minimize noise impacts. Use Permit No 3626 Pag� 11 1 3 T. • The restrictions on the use of outdoor live entertainment and patio speakers should limit potential noise impacts on the neighboring commercial businesses and residential uses. Conditions: That development shall be in substantial conformance with the approved site plan, floor plan and elevations, except as noted below. 2. That 200 parking spaces shal I be provided for the daytime operation and 175 spaces shall be provided for the evening operation in the Lido Village parking structure and that a waiver of 119 parking spaces shall be granted. 3. The valet parking service and the use of the parking structure shall be provided at no charge to the patrons of the restaurant. 4. That grease interceptors shal I be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems. unless otherwise approved by the Building Department and the Public Works Department. 5. That kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 6. That the proposed restaurant facility and related parking structure shall conform to the requirementsof the Uniform Building Code. 7. That the project shall comply with State Disabled Access requirements. 8. That speakers located in the outdoor dining area of the restaurant shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Should any music emanating from the patio speakers or indoor live entertainment be heard across Via Oporto or the surrounding property lines, the patio speaker volume shall be reduced as determined by the Planning Director, to eliminate any noise impacts. Further, that the speakers shall not be utilized in conjunction with the sound system of the live entertainment or paging of patrons. The outdoor speakers will be utilized for ambient background noise and shall be limited to pre- recorded music only. 9. That the applicant shall retain a qualified engineer specializing in noise /acousticsto monitor the sound generated by the live entertainmentto insure compliance with these conditions, if required by the Planning Director. 10. That a valet operations plan shall be reviewed and approved by the City Traffic Engineer. 11. That valet vehicles will not be allowed to block the roadway. The valet parking lanes operation shall be monitored at all times by the applicant's representatives at the site. If Use Permit No 3626 Page P back -ups occur, the incoming customers shall be directed to bypass the facility. If a traffic congestion problem occurs on Via Oporto related to the restaurant facility that is not immediately corrected, the Planning Commission may recommend to the City Council revocation of this Use Permit 11 That all improvements be constructed as required by Ordinance and the Public Works Department. 13. That no outdoor television monitors shall be permitted in conjunction with the restaurant use. 14. That outside promoters of any kind shall be prohibited unless an amendment to this use permit is first approved. 15. That security shall be provided, and that the applicant shall submit a security plan for the restaurant to be approved by the Police Department prior to building occupancy. 16. That all employees shall park in the parking structure. 17. That the hours of operation shall be limited to 10:00 a.m. to 2:00 a.m. daily. 18. That all trash shall be stored within the building or within dumpsters stored in a trash enclosure, or otherwise screened from view of neighboring properties except when placed for pickup by refuse collection agencies. The trash dumpsters shall be fully enclosed and roofed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 19. That the applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 20. That the project shall be designed to eliminate light and glare spillage on adjacent uses. 21. That a covered washout area for refuse containers and kitchen equipment shall be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Director and the Public Works Director in conjunction with the approval of an alternative drainage plan. 22. That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 23. That dancing and live entertainment shall be permitted only in accordance with a Cafe Dance Permit and Entertainment Penn it issued by the Revenue Manager in accordancewith Title 5 of the Newport Beach Municipal Code. Use Permit No 3626 Pag5)4� 24. That the indoor live entertainment shall be limited to the hours of 9:00 p.m. to 1:30 a.m: only and that noise from the proposed live entertainment shall be confined to the interior of the building, and further that the doors and windows of the facility shall remain closed whenever live entertainment is performed within the restaurant facility. 25. That outdoor live entertainment shall be limited to the hours of 10:00 a.m. to 10:00 p.m. daily, and the entertainment shall be limited to non - amplified acoustical instruments only with two performers maximum. No sound amplification, brass or percussion instruments shall be permitted at any time. 26. That should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 27. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 28. That this Use Permit shall expire unless exercised within 24 months from the date of • approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 0 Use Permit No 36266 35 Pag�w J EXHIBIT "B" FINDINGS FOR DENIAL Use Permit No. 3626 Findings: The approval of Use Permit No. 3626 will, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental of injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The application provides for the service and on -site consumption of alcoholic beverages in an overconcentrated area. • Adequate parking is not available on site for the proposed use and the resulting parking demand cannot be accommodated by the available parking structure and will be detrimental to the surrounding properties. • Noise impacts of the use, including the dining, games and live entertainment will adversely affect the neighboring commercial and residential uses. • Findings for a waiver of 119 required parking spaces cannot be made. 0 0 2� Use Permit No 3626 Pagex J • L ./ April 15, 1998 City Council Members City of Newport Beach Newport Beach, CA 92663 We, the business owners in Lido Marina Village, have taken great sales losses compared to last year. The city of Newport Beach has shared those losses through the resultant reduction in sales tax revenue. We would never expect the City to be able to help deal with El Nino and with the major work on The Arches interchange, which have both kept our potential customers away. There is another major factor that you could help with, would cost you no money and would, in fact, bring more money into the City. The major tenant in Lido Marina Village, the Warehouse Restaurant, has closed to make some exciting renovations. While they are closed we lose a great number of sales, some estimating 500/a of our business, which come from their customers who wander the Village either before or after dining. The Warehouse Restaurant owners are in the process of getting the various City permits required for renovation and re- opening. We are asking that you help speed up the process of permit review for them. It is fully understandable that things like this take time, but I know other cities have a Fast Track process to help move the permits along much faster instead of, for example, requiring them to wait a month between reviews for minor alterations. It is not just the Warehouse owners who are being hurt, but all their employees, all of the other stores in the Village, all of our employees and, of course, the City. Please help us all and encourage the fastest possible permitting reviews. Thank you. _: %' _., . OrgmizAim J -4�J1 April 15, 1998 City Council Members City of Newport Beach Newport Beach, CA 92663 We, the business owners in Lido Marina Village, have taken great sales losses compared to last year. The city of Newport Beach has shared those losses through the resultant reduction in sales tax revenue. We would never expect the City to be able to help deal with El Nino and with the major work on The Arches interchange, which have both kept our potential customers away. There is another major factor that you could help with, would cost you no money and would, in fact, bring more money into the City. The major tenant in Lido Marina Village, some exciting renovations. While they estimating 50% of our business, which c o Village either before or after dining. The the Warehouse Restaurant, has closed to make ar e closed we lose a great number of sales, some me from their customers who wander the Warehouse Restaurant owners are in the process of getting the various City permits required for renovation and re- opening. We are asking that you help speed up the process of permit review for them. It is fully understandable that things like this take time, but I know other cities have a Fast Track process to help move the permits along much faster instead of, for example, requiring them to wait a month between reviews for minor alterations. It is not just the Warehouse owners who are being hurt, but all their employees, all of the other stores in the Village, all of our employees and, of course, the City. Please help us all and encourage the fastest possible permitting reviews. Thank you. i1.f� v L O%Wimion 0 0 0 r April 15, 1998 City Council Members City of Newport Beach Newport Beach, CA 92663 We, the business owners in Lido Marina Village, have taken great sales losses compared to last year. The city of Newport Beach has shared those losses through the resultant reduction in sales tax revenue. We would never expect the City to be able to help deal with El Nino and with the major work on The Arches interchange, which have both kept our potential customers away. There is another major factor that you could help with, would cost you no money and would, in fact, bring more money into the City. The major tenant in Lido Marina Village, the Warehouse Restaurant, has closed to make some exciting renovations. While they are closed we lose a great number of sales, some estimating 50% of our business, which come from their customers who wander the Village either before or after dining. The Warehouse Restaurant owners are in the process of getting the various City permits required for renovation and re- opening. We are asking that you help speed up the process of permit review for them. It is fully understandable that things like this take time, but I know other cities have a Fast Track process to help move the permits along much faster instead of, for example, requiring them to wait a month between reviews for minor alterations. It is not just the Warehouse owners who are being hurt, but all their employees, all of the other stores in the Village, all of our employees and, of course, the City. Please help us all and encourage the fastest possible permitting reviews. Thank you. Name — Name org=iutiou orpnintim Name C,4 kG o v U� Orga i=m /- NWA e Orgruizarim J� M!GW- ..................... SITE INFORMATION -t 1r• • Ell- �b L Exhibit 3 at City of Newport Beach Planning Commission Minutes May 21, 1998 SUBJECT: JP's of Newport Beach (Erik Rameson, applicant) 3450 Via Oporto • Use Permit No. 3626 Request to allow the re- estoblishment of the existing Warehouse Restaurant which included on -sole alcoholic beverages, dancing and live entertainment as JP's of Newport Beach, a new full service restaurant and entertainment facility. The application includes alcoholic beverage service, outdoor patio dining, both indoor and outdoor live musical entertainment and indoor dancing. The application also includes a request to permit a variety of interactive and skill games, the use of valet parking service and to waive a portion of the required parking. Chairman Kronzley arrived at this time. Ms. Temple presented the staff report noting additional information as requested by Commission: • parking inventory of Lida Village Area • chart reflects the parking requirement ( 189) of the prior use approval of the Magic Island which has been revoked alternative approach to parking onalysiswhich recognizes more of the area assessed as arcade space as opposed to restaurant space • second floor operation is recognized as a game area which lowers the amount of the parking waiver • a subsequent user would have to apply for a new use permit if they wish to change the nature of operationan second floor • parking information: city hall parking ]at has 121 parking spaceswhich includes 32nd Street, some of which are occupied by city vehicles; Via Lida Plaza lot has 309 parking spaces • the retail occupancy of the plaza, if assessed an existing requirements, would require 327 parking spaces, resulting in a deficit of 18, however, that deficit does not account for 13 spaces which have been granted credit by the City Council for renovation of supermarket and 11 spaces credit for land dedicated to the City for widening of Newport Boulevard, additionally, there has been a waiver of 220 parking spaces for the Edwards Theater • Thunderbird current use is office an part of the second floor and the whale of the first floor is vacant • base parking requirement for the shopping center includes the allocation of 8 spaces for 503 32nd Street change to condition 3 to add the valet parking service and the use of the parking structure shall be provided at no charge to patrons and employees of the restaurant • change to condition 16 that all employees shall park free in the parking structure or an 32nd Street parking lot INDEX Item No. 3 Use Permit No. 3626 0a City of Newport Beach Planning Commission Minutes May 21, 1998 Commissioner Gifford asked for and received clarification of the chart on page 3 of the staff report. Ms. Temple noted that there is an agreement between the Lido Marina Village and the Warehouse that gives authority to park in the structure during the day which is reflected in the new conditions. (200 during the day and 175 at night) Public Comment was opened. Chairperson Kranzley noted for the record that he listened to the tape of the previous meeting on this subject. Jerry King, representing the applicant, spoke to the Commission noting: • upper floor of Magic Island (Thunderbird) has been converted to office space (4,600 to 5,100 square feet); downstairs would be larger with the removal of the kitchen area (approximately 6,000 to 7,000 square feet) • reduction in the waiver from 91 to 41 spaces • loss of major tenant has been detrimental to surrounding businesses • signage will be a major improvement • validation will take parking off the street • interactive game business is viable • agree to findings and conditions as reported in staff report and noted this evening Chairperson Kranzley noted that the parking would be 1 space for 250 square feet on retail use. Ms. Temple noted that the requirement for parking would be reduced if the Magic Island site was developed with office /retail use. (reduction of 145 spaces using 11.000 square footage total of both floors). Commissioner Ridgeway additionally noted that even if a restaurant were to come in, the parking requirement would still be less. Marcia Dossey, representing the Via Lido Plaza merchants and management noted the following: • clients pleased that a new business is coming in • concerned with unacceptable conditions continuing - parking waivers • impractical parking at 32nd Street lot • parking structure has problems • loss of business directly related to parking problems • passive security provided by Via Lido plaza • approximately 120 boats parked in the 85 slips at Lido Marina Village • want a comprehensive parking plan to be provided by applicant with review by both public and Commission before this application is INDEX \.._J 0 L��j City of Newport Beach Planning Commission Minutes May 21, 1998 decided signage program plan should also be reviewed in conjunction with a parking plan City has opportuniiyio address long standing problems at Lido Marina Village and surrounding areas boat shows are not required to pay for security Staff noted that a boat show requires a special event permit (through the City Manager who has the authority to asses conditions) and special permits (through the Marine Department) and, if on a consistent basis, may be required to provide off -site parking and shuttle facilities in associafionwiih those permits. Ms. Britt Leahy, 4 Latitude Court, as shop owner next to the address of the applicant, spoke in favor of the application. She stated that her move of March 151^, 1996 to this address was predicated on the restaurant being in business as a major tenant. She asked for this issue to be resolved as 50% of her business is down as a result of the Warehouse being closed. Mr. Dennis Leahy, 4 Latitude Court spoke in support of the application noting the lack of business in the area due to the restaurant being closed and the lack of clientele. He noted the layoffs of existing businesses as they also are having trouble making ends meet. Any new studies that were requested would be so detrimental because of the time involved. There are ways to control a private parking lot. Jerry King, speaking for the applicant, noted that the retail sales of boats is substantial and there have been successful restaurants and retailers in the area. The boat shows are a separate venue and licensed separately from the merchants, The security is passive with the use of chalk marks on tires and timing. He concluded saying that there is a waiver of over 200 spaces for their neighbor (Edwards Theater) and the Warehouse restaurant can do all the things noted in the staff report, have a liquor license, live entertainment and dancing, and have a game permit. What Commission has is an opportunity to address the major issue of parking. The applicant is willing to do all things identified,by staff in their report, because it will help the business. Public Comment was closed. Commissioner Adams, supporting the application, noted the following: • via Lido Plaza enjoys the major anchor of the supermarket which has a waived parking • this is a well mitigated plan • a new comprehensive parking plan is not going to create new parking spaces in Newport Beach • does not agree to holding up this project which is needed for the INDEX City of Newport Beach Planning Commission Minutes May 21, 1998 INDEX economics of this area for a parking plan • it has not only free valet parking, it has parking that will be validated if patrons self park • sign program can be done by city staff- suggested perhaps the use of the garage wall on Newport Boulevard side • changes have been made to the old Magic Island building by the revocation of the old use permit - a restaurant can not go back into that site without a new use permit • this is a good plan which will help the problems of the past • and, something has to be done for the shopping center Commissioner Gifford noting support of the application sta led: • proposed new conditions will be useful in helping the parking situation • the center owners need to recognize that the residents of the immediate area know where they can park for which use and where they can't • the two centers, even with signs, aren't known by the general public as to which is which, so there needs to be some effort to help people rather than the name of a piece of property Commissioner Ridgeway agreeing with what was said, stated his support for this application noting that this plan gives the opportunity for the two major groups (Lido Marina village and via Lido Plaza) to work together. However, the payment of a parking guard should be considered in the permit process by the City Manager. Motion was made by Commissioner Ridgeway for approval of Use Permit 3626 subject to the findings and conditions in Exhibit A and with the modified conditions 2, 3 and 24 and the added conditions 29 and 30 and condition 16 amended to allow the employees to park in either locations and shall be free parking. Commissioner Fuller, supporting the application, agreed with previous comments and additionally noted the extra 150 spaces that can be picked up from the old Thunderbird (Magic Island) use. Chairperson Kranzley, agreeing, stated that this is an opportunity to clean up the situation. Without objection and by show of hands, Motion Carried. Ayes: Fuller, Ridgeway, Kranzley, Gifford, Adams Noes: None Absent: Selich, , Ashley 8 �5 City of Newport Beach Planning Commission Minutes May 21, 1998 Findings: 1. The proposed development is consistent with the General Plan and is compatible with surrounding land uses. 2. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Retail and Service Commercial' uses and a restaurant is a permitted use within this designation. 3. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class (Existing Facilities). 4. The request of Use Permit No. 3620 to waive a portion of the required parking may be approved for the following reasons: • The proposed restaurant /enterfainmentfacilityis located in a multi- tenant commercial village which is comprised of uses whose parking demand does not occur simultaneously. • The long term use of the commercial village will not generate a parking demand which could not be accommodated by the parking structure unless a higher concentration of food uses were to occupy more of the buildings in Lido village which would generate additional parking demand. • Adequate off - street parking spaces exist in the parking structure for the benefit of the proposed restaurant facility and the other uses in the Lido Marina Commercial village to accommodate the proposed change in the restaurant facility. • A municipal parking lot is located in useful proximity of the proposed use. 5. The approval of Use Permit No. 3626 to allow the establishment of the restaurant facilitywill not, under the circumstancesof the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reasons: • The restaurant use is compatible with the surrounding commercial uses since restaurant uses are typically allowed in commercial districts and conditions of approval have been incorporated which will minimize noise impacts. INDEX ��D City of Newport Beach Planning Commission Minutes May 21, 1998 The restrictions on the use of outdoor live entertoinment and polio speokers should limit poieniiol noise impocis on the neighboring commerciol businesses and resideniiol uses. Conditions: 1. Thoi development sholl be in subsioniiol conformonce with the opproved site pion, floor pion and elevoi ions. except os noted below. 2. Thoi 200 porking spoces sholl be provided for the doyfime operofion and 175 spoces sholl be provided for the evening operofion within the Lido Villoge Porking structure and ihoi o waver of 41 porking spoces sholl be gronied. 3. The volei porking service and the use of the porking structure sholl be provided of no chorge to the potrons of the restouront and the restouront sholl provide o minimum of 4 hours of porking volidotion in the structure of no chorge to the potrons. 4. Thoi greose interceptors sholl be insiolled on oll fixtures in the restouront where greose moy be introduced into the droinoge systems, unless otherwise opproved by the Building Deportment and the Public Works Deportment. 5. Thoi kitchen exhousi tons sholl be designed to control smoke and odor to the sofisfociionof the Building Deportment. 6. Thoi the proposed restouront fociliiyond reloied porking structure sholl conform to the requiremenisof the Uniform Building Code. 7. Thoi the project sholl comply with Sioie Disobled Access requirements. 8. Thoi speokers locoied in the outdoor dining oreo of the restouront sholl comply with the provisions of Chopier 10.26 of the Newport Beoch Municipol Code. Should ony music emonofing from the polio speokers or indoor live entertoinment be heord ocross Vio Oporto or the surrounding property lines, the polio speoker volume sholl be reduced os determined by the Plonning Director, to eliminoie ony noise impocis. Further, ihoi the speokers sholl. not be utilized in conjunction with the sound system of the live entertoinment or poging of potrons. The outdoor speokers will be utilized for ombieni bockground noise and sholl be limited to pre- recorded music only. 9. Thoi the oppliconi sholl reioin o quolified engineer speciolizing in noise /ocousiics to monitor the sound generoied by the live 10 INDEX 9 0 01 City of Newport Beach l Planning Commission Minutes May 21, 1998 entertoinment to insure complionce with these conditions, if required by the Plonning Director. 10. Thot o volet operotions plon sholl be reviewed and opproved by the City Troffic Engineer. 11. Thot volet vehicles will not be ollowed to block the roodwoy. The volet porking lones operotion sholl be monitored of oll times by the opplicont's representotives of the site. If bock -ups occur, the !, incoming customers sholl be directed to byposs the focility. If o troffic congestion problem occurs on Vio Oporto reloted to the restouront focility thot is not immediotely corrected, the Plonning Commission moy recommend to the City Council revocotionof this Use Permit, 12. Thot oll improvements be constructed os required by Ordinonce and the Public Works Deportment. 13. Thot no outdoor television monitors sholl be permitted in conjunction with the restouront use. 14. Thot outside promoters of ony kind sholl be prohibited unless on . omendment to this use permit is first opproved. 15. Thot security sholl be provided, and thot the opplicont sholl submit o security plon for the restouront to be opproved by the Police Deportment prior to building occuponcy. 16. Thot oll employees sholl pork free in the porking structure or, on the 32nd Street lot. 17. Thot the hours of operotion sholl be limited to 10:00 o.m. to 2:00 o.m. doily. 18. Thot oll trosh sholl be stored within the building or within dumpsters stored in o trosh enclosure, or otherwise screened from view of neighboring properties except when ploced for pickup by refuse collection ogencies. The trosh dumpsters sholl be fully enclosed and roofed and the top sholl remoin closed of oll times, except when being looded or while being collected by the refuse collection ogency. 19. Thot the opplicont sholl mointoin the trosh dumpsters or receptoclesso os to control odors which moy include the provision of fully self contoined dumpsters or moy include periodic steom cleoning of the dumpsters, if deemed necessory by the Plonning Deportment. 20. Thot the project sholl be designed to eliminote light and glore spilloge 11 INDEX 0 q City of Newport Beach ( Planning Commission Minutes May 21, 1998 on adjacent uses. 21. That a covered washout area for refuse containers and kitchen equipment shall be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Director and the Public Works Director in conjunction with the approval of an alternative drainage plan. 22. That all mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 23. That dancing and live entertainment shall be permitted only in accordance with a Cafe Dance Permit and Entertainment Permit issued by the Revenue Manager in accordance with Title 5 of the Newport Beach Municipal Code. 24. That the indoor live entertainment shall be limited to the hours of 9:00 p.m. to 1:30 a.m. only and that noise from the proposed live entertainment shall be confined to the interior of the building, and further that the doors and windows of the facility shall remain closed whenever live entertainment is performed within the restaurant facility, and further that noise generated by the restaurant facility shall comply with Chapter 10.26 of the Municipal Code. 25. That outdoor live entertainment shall be limited to the hours of 10:00 a.m. to 10:00 p.m. daily, and the entertainment shall be limited to non - amplified acoustical instruments only with two performers maximum. No sound amplification, brass or percussion instruments shall be permitted at any time. 26. That should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing company. 27. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determinafionihat the operation which is the subject of this Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 28. That this Use Permit shall expire unless exercised within 24 months from 12 INDEX 0 0 9 L` "1 City of Newport Beach Planning Commission Minutes May 21, 1998 the date of approval as specified in Section 20.80.090A of the Newport Beach Municipal Code. 29. The applicant shall develop and provide a directional signing program for the parking structure which identifies the entrance location, hours of operation, validations and rates subject to the approval of the Planningand Traffic Departments. 30. An evaluation of the striping in the parking structure shall be conducted by a professional traffic engineer at the cost of the applicant. If additional parking can be provided in a manner acceptable to the City Traffic Engineer, the revised striping plan shall be implementsprior to the issuance of a Certificate of Occupancyfor the restaurant. ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported that at the last Council Meeting, the Outdoor Dining Permit approved by staff for Mama Gina's was called up to be heard by the Planning Commission, also called up was the approval by Planning Commission for the condominium project at 738 Tustin Avenue, the Bayshores Inn General Plan zoning changes were approved, the Alcoholic Beverage Ordinance was continued and a Sign Inventory for the Balboa Peninsula was presented. b.) Oral report by the Planning Director regarding the approval of Outdoor Dining Permits, Planning Director's Use Permits, Modification Permits and Temporary Use Permits - Ms. Temple noted, and Commission agreed, that a change in procedure to produce packets of these activities every Friday to be mailed to both Commission and City Council will be initiated. This action will therefore eliminate this item from the Additional Business listing. C.) Oral report from Planning Commission's representative to the Economic Development Committee- none d.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - none 0 13 Additional Business INDEX �b Exhibit 4 61 ' cORr� CITY OF NEWk JRT BEACH 04 SEW COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 3 Staff Person: PLANNING DEPARTMENT 33p NEWPORT BOULEVARD Addendum NEWPORT BEACH, CA 92658 Appeal Period: (714) 644-3200; FAX (714) 644-3250 r` Hearing-Date: May 21, 1998 Agenda Item No.: 3 Staff Person: Marc Myers 644 -3210 Addendum Appeal Period: 14 days PROJECT: J.P.'s of Newport Beach (Erik Rameson, applicant) 3450 Via Oporto PURPOSE OF APPLICATION. Request to allow the re- establishment of the existing Warehouse Restaurant as J.P.'s of Newport Beach, a new full service restaurant and entertainment facility. The application includes alcoholic beverage service, outdoor'patio dining, both indoor and outdoor live musical entertainment and indoor dancing. The application also includes a request to permit a variety of interactive and skill games and to allow the use of valet parking service. ACTION: Approve, modify or deny: • Use Permit No. 3616 SUMMARY: At the May 7, 1998 meeting, the Planning Commission requested that staff provide more detailed information regarding parking in the Lido Marina Village area. At the Commission's request, the following chart has been compiled which identifies the inventory and demand of available parking in the Lido Village area. The chart identifies the existing and vacant restaurant uses and the number of parking spaces required for each operation based on information in the approved Use Permits. The chart also identifies the retail and office building uses in the village and surrounding area that potentially draw upon the available parking spaces in the village area. These numbers are based on a parking ratio of 1 space for every 250 square feet of gross floor area. Based on these factors, the chart distinguishes between the total day and the total night time parking spaces required of each use versus the number of total parking spaces available. It should be noted that this analysis includes the parking requirements established by Use Permit for the Magic Island tenant space. This Use Permit was revoked by the City Council on June 27, 1994. The chart shows total daytime parking demand exceeds the total parking available by 82 spaces. The night time parking demand of the uses identified exceeds the total parking available by 38 spaces. The chart also specifies the number of parking spaces, both day and night, that have been waived in conjunction with their respective use permit approvals. Taking into account the number of spaces that have been waived, the offset between the number of parking spaces required and spaces available becomes greater. It should be noted that the number of parking spaces in the parking structure has changed. Staff made a physical inspection of the subject parking structure and counted a total of approximately 373 parking spaces. The 395 spaces that the staff report identified was obtained from the previously approved use permit for the Warehouse Restaurant. Over time, the number of spaces in the parking structure has fluctuated between 359 and 425 based • various use permit approvals and striping plans. To maximize the potential of the area available for parking in the structure, an evaluation of the striping in the parking structure should be conducted by a professional traffic engineer. If additional parking spaces can be provided through re- striping in a manner acceptable to the City Traffic Engineer, it is suggested that it be required as an additional condition of approval. At the Commission's request, staff has prepared additional conditions of approval and amended those in question. Those conditions of approval that have been amended are as follows: 2. That 200 parking spaces shall be provided for the daytime operation and 175 spaces shall be provided for the evening operation within the Lido Village Parking structure and that a waiver of 41 parking spaces shall be granted. 1 The valet parking service and the use of the parking structure shall be provided at no charge to the patrons of the restaurant and the restaurant shall provide a minimum of 4 hours of parking validation in the structure at no charge to the patrons. 24. That the indoor live entertainment shall be limited to the hours of 9:00 p.m. to 1:30 a.m. only and that noise from the proposed live entertainment shall be confined to the interior of the building, and that the doors and windows of the facility shall remain closed whenever live entertainment is performed within the restaurant facility, and further that noise generated by the restaurant facility shall comply with Chapter 10.26 of the Municipal Code. The following conditions of approval have been added by the Commission's request: 29. The applicant shall develop and provide a directional signing program for the parking structure which identifies the entrance location, hours of operation, validations and rates subject to the approval of the Planning and Traffic Departments. 30. An evaluation of the striping in the parking structure shall be conducted by a professional traffic engineer at the cost of the applicant. If additional parking can be provided in a manner acceptable to the City Traffic Engineer, the revised striping plan shall be implements prior to the issuance of a Certificate of Occupancy for the restaurant. Submitted by: Prepared by: PATRICIA L. TEMPLE MARC W. MYERS Planning Director Associate Planner 1� Attachments: Lido Village Parking Inventory Chart Page r'` LIDO PARKING INVEN .ORY PARKING REQUIRED WAIVED Vacant (Magic Island) 0 0 189 0 (1/40)2 Warehouse Restaurant 0 266 175 91 (1/40) Le Bistro Restaurant 16 5 16 5 (1/40) Le Bistro Coffee Shop 5 1 5 1 (1/75) George's Camelot 28 10 28 10 (1/40) Bayfront Cafe 6 0 6 0 (1/75) Mama Mia Restaurant 3 6 3 6 (1/40) Vacant (previous Greek Restaurant) 3 1 3 1 (1/75) Vacant (Specialty Food) 5 0 5 0 (1/2501 Restaurant USes3 66 spaces 289 spaces 430 spaces 114 spaces Office Uses (1/250) 132 0 04 0 Retail Uses (1/250) 92 0 0 0 Boat Slips BS slim 1 space / 75 slips) 64 0 64 0 Lido Villages (1/250) 288 0 64 0 Lido Shops (Facins_V_ia Lido) (1250) 35 0 0 0 TOTAL 389 spaces 289 spaces 494 spaces 114 spaces Bay Lido Office Bldg. 47 0 0 0 Lido Tower (Travel Max) 79 0 0 0 Bank-of America Buildine 50 0 0 0 TOTAL PARKING REQUIRED 565 spaces 0 494 spaces 0 PARKING AVAILABLE (PUBLIC) Municipal Parking Lot 27 0 On- Street Parking (Central Ave.) 17 17 On- Street Parking (Behind Lido Shops) 10 10 On- Street Parking on Via Lido 13 13 (PRIVATE) Parking Structure? 373 373 32nd Street Parkine1ol!l 43 43 TOTAL PARKING AVAILABLE 483 spaces 456 spaces Night parking is after 6 p.m. r t cates; parked at a ratio of 1 spaces for each 40 sq. ft. of "net public area' 3 red number of parking spaces for each respective business per applicable use permit files parking assumes no retail or office parking demand s Building square footage provided per applicable City use permit files and Lido Marina Village Management Company rent roll. 6 Buildings which no longer have use of the Lido Marina Parking Structure, but still draw upon the available parking spaces in the village area. t Number of spaces in garage is based on a field count of spaces by Code Enforcement (previously noted as 395). This number includes striped tandem spaces. t 32nd Street Parking Lot has no legally binding offsite parking agreements attached to it (per the management company). Lido Marina Village owns and controls the wrswnn most portion of the parking lot only (43 parking spaces). E Exhibit 5 0 i City of Newport Beach City Council Minutes June 22, 1998 INDEX He assured everyone that public forums will be conducted to review any traffic studies and modeling that will occur with the build -out. Regarding the General Plan Amendment, he stated that it was his understanding that \an e Irvine Company's project. 11 agreed that Council needs to on the build -out of the Newpol ashion Island Center as it is the major commercial and retail center for Newport Beach. the opinion that he Irvine Company is conscientiously er a plan that will be made public and reviewed by EQAC. Council Member edges noted that the Negative Declaration and analysis conducted under th existing Traffic Phasing Ordinance shows that there is virtually no impact or hang, to enter utilization or to the parking counts that are studied hourly. clarified that this project has nothing to do with the CIOSA Agreement. Hearing no further testimony, i\la'f.Qr Edwards closed the public hearing Motion by Mavor Pro Tern O'N '1 to adopt Resolution No. 98 -48 approving General Plan Amendment 97- ); and sustain the action of the Planning Commission and approve the app ' ations related to the General Plan Amendment, subject to the FindingsX tion Measures and Conditions as modified by the Planning ComThe acceptance of a Negative Declaration, Use Permit No. 3631, ation No. 4721, and Traffic Study No. 114. Council Member Glover noted that the City has a general pl that lays out the capacity of the Newport Center. She stated that she would t like to, as a Council Member, make a determination as to the types of retail a Irvine Company determines is fitting. Without objection, the motion carried by acclamation 31. J.P.'S OF NEWPORT BEACH (ERIK RAMESON, APPLICANT) J.P.'sof REQUEST TO ALLOW THE RE- ESTABLISHMENT OF THE EXISTING Newport WAREHOUSE RESTAURANT AS J.P.'S OF NEWPORT BEACH, ANEW Beach FULL SERVICE RESTAURANT AND ENTERTAINMENT FACILITY UP 3626 AT 3450 VIA OPORTO (USE PERMIT NO. 3626). (88) Mayor Edwards recalled'that, at the June 8 meeting, there was a request that meetings be conducted to change parking operational characteristics. Assistant City Manager Wood reported that she and the Planning Director met with representatives of Via Lido Plaza on Friday and explained the conditions of approval that were added by the Planning Commission. She believed that the conditions offer an opportunity to improve the parking situation and added that a comprehensive parking study will need to be conducted for the entire area. Motion by Council Member Hedzes to modify the action of the Planning Commission to approve Use Permit No. 3626, amending the conditions to include the ingress and egress on Central, that a comprehensive parking Volume 52 - Page 91 City of Newport Beach City Council Minutes June 22, 1998 study be conducted, and that the signage issues be clarified relative to free parking with validation. Mayor Edwards opened the public hearing. Jerry Kin¢ representine Erik Rameson, welcomed the additional signage and ingress /egress on Central. He stated that discussions will continue with the community irrespective of close of escrow. He confirmed that they have read, agree with, and will abide by the modifications. Phil Martin, Phil Martin and Associates, stated that he is speaking on behalf of the Lido Partners. He noted that it is appreciated, that a clarification relative to free validated parking will be established and encouraged a parking analysis to be prepared for the Lido Marina Village as soon as possible. In response to Council Member Debay's questions, Mr. Martin stated that the Lido Partners includes the Pavilion and that they believed that the City would be preparing the traffic and parking study. He indicated that the Lido Partners will be willing to participate in the study if requested. Harriett Milerom, Jacqueline's Boutique, urged Council to approve the request since the restaurant is an anchor for the area. She stated that business has decreased, the parking structure is empty, and signs regarding free parking with validation are already present. Mayor Pro Tem O'Neil expressed the opinion that Council believes that redevelopment of the property is essential for the vitality of the area. He stated that the restaurant should reopen and go forward. Hearing no further testimony, TMayor Edwards closed the public hearing. Without objection, the motion carried by acclamation. COMPREHENSIVE UPDATE OF THE RECREATION AND OPEN ACE ELEMENT (CITY OF NEWPORT BEACH, APPLICANT) WHICH IS A STATEMENT OF POLICIES SETTING FORTH OBJECTIVES, PRINCIPLES, STANDARDS, AND PLAN PROPOSALS FOR OPEN SRkCE AND RECREATION FACILITIES IN THE CITY OF NEWPORT B H [GENERAL PLAN AMENDMENT 94- 2(E)]. Planning Director Temple st d that the Recreation and Open Space (R &OS) Element was prepared wit a assistance of a consultant, Larry Lawrence. She stated that the R &OS Elie t was developed with intensive review by the Parks and Open Space Commit of the Parks, Beaches and Recreation Commission. The updated Element refle open space additions, particularly the CIOSA parcels. Ms. Temple stated that Element shows that the City is largely built out and, therefore, focuses more on intenance and utilization of existing resources and addresses the parkland nee the new spheres of influence areas. She noted that issues addressed by b Volume 52 - Page 92 INDEX Res 98 -49 Recreation And Open Space Element GPA 94 -2(E) (45) f 9 Exhibit 6 5 1� dEw�q> CITY OF NER JRT BEACH Hearing Date: June 22, 1998 04 m COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: �I= PLANNING DEPARTMENT _35 o NEWPORT BOULEVARD Staff Person: Patricia L. Temple NEWPORT BEACH, CA 92658 (714) 644 -3200 (74) 644-32ooI FAX (74) 644-3250 REPORT TO THE MAYOR AND CITY COUNCIL PROJECT: J.P.'s of Newport Beach (Erik Rameson, applicant) 1) 12% if 3450 Via Oporto FILE coup T PURPOSE OF HEARING: Review of the Planning Commission approval of the re- establishmentof the existing Warehouse Restaurant which included on -sale alcoholic beverages, dancing and live entertainment as J.P.'s of Newport Beach, a new full service restaurant and entertainment facility. The application includes alcoholic beverage service, outdoor patio dining, both indoor and outdoor live musical entertainment and indoor dancing. The application also includes a request to permit a variety of interactive and skill games and the use of valet parking service, and to waive a portion of the required parking. ACTION: Sustain, modify or overrule the action of the Planning Commission to approve: • Use Permit No. 3626 LEGAL DESCRIPTION: Parcel I of Parcel Map 63 -11 (ResubdivisionNo.477) ZONE: RSC (Retail Service Commercial) OWNER: Lido Marina Village,Newport Beach Background At its meeting on June 8, 1998, the City Council voted to call up for review the decision of the Planning Commission to approve Use Permit No. 3626, which allowed changes to the existing operational characteristics of the Warehouse Restaurant in Lido Marina Village. Plan ninp—Com mission Action The Planning Commission considered the application on May 7 and May 21, 1998. Upon conclusion of the public hearing, the Commission voted (5 Ayes, 2 Absent) to approve the use permit subject to 30 conditions of approval. The minutes and staff reports from those two meetings are attached for the review of the City Council. In making its decision, the Planning Commission took into consideration a number of key features of the application, as follows: 9 • no increase in seating from the existing restaurant • a high number of interactive video games on the second floor, reducing the area dedicated to conventional restaurant service • addition of valet parking As for most applications in the Lido Marina Village/Via Lido Plaza area, availability and usability of parking was the primary issue of this application. In taking its action, it was the opinion of the Planning Commission that the nature of the new restaurant, when combined with the specific conditions of approval, would result in both a reduced parking demand and a better utilization of the parking supply in the area. This was due to the following factors: The second floor is occupied by a high number of interactive games. Many of these games occupy a large amount of floor area. While seating is provided in the game area, it is arranged as incidental to the game activities. Additionally, while food service will be provided in the game area, that service would be secondary to the game activity. Because of this arrangement of the second floor, it could be considered an arcade as defined by the Zoning Code, with a lower parking requirement. This aspect of the plan lower the required waiver of parking spaces from 90 for the prior Warehouse Restaurant to 41 for the new operation. The fact that this application requires waiver of fewer parking spaces than already approved in the use permit of the Warehouse Restaurant insures that subsequent reversion of the game area to conventional restaurant seating and service will require an amendment to this use permit. 2. The conditions of approval imposed by the Planning Commission include a requirement that both patrons and employees be provided with valet or self parking in the structure at all times at no charge. This condition was designed to address the concern regarding the accessibility and utilization of the parking structure in Lido Marina Village. It was felt that this condition would greatly reduce the potential for patrons of the restaurant to park either on the street or in neighboring commercial areas' surface parking. 3. The conditions of approval also require employees to park either in the parking structure or in the 32 °d Street parking lot. 4. An additional condition requires further study of the striping of the parking structure, with a requirement that a new striping plan be implemented if an increase in the number of parking spaces can be achieved. 5. Recognition of the fact that a portion of the former Magic IslandBacchus/Thunderbirdtenant space has been converted to office occupancy, and the City Council has revoked the use permit which allowed restaurant occupancy in the remained of that space. The Planning Commission was aware, based both upon testimony from the public and individual experience with parking in the area, that there is a parking supply and management problem in the area. They felt that through approval of this application a measurable improvement could be made, Use Permit No 3626/ Paget �� 0 0 • while recognizing that a more comprehensive study of the parking in the area should be conducted at some time. Submitted by: SHARON Z. WOOD Assistant City Manager Attachments: Prepared by: PATRICIA L. TEMPLE Planning Director 1. Excerpt of the Planning Commission minutes of May 2V and May 7 h 2. Planning Commission staff reports of May 21" and May T". 3. Plans and Elevations Use Permit No 3626 Pa 3 Exhibit 7 • M / � � e « �"�\ , * o / 2 j � :\ \ C� < zLj . C L g �e ; \/o uJ: ... / »/ �\� <_- . > . ±e. \\\ \� �e2 \ \o 6/: «< e�c Z: &0 /< 0 °� ©«. \/ \ ±] If .LLJ <�. ° °U-1 zz� � 9 �7g \a :.. /\) . Gj/ / ƒZ\ .2 of <z} 0ue 9\; eey jUJ: (&go /\ � ƒ�. \u: / \j &d} <zy ® \G CL CL / 0 +_. Lu. ƒ ee\ © : <Q 2�® »a% §� ~�/ . ». \0� /� . ?<a� b}»\' « =)2 © ® < Kwa:.L zg» ~ :.\ /g«(/: t� \ /u /0 ca \%® < UJI W; 01 \ @\/ : \ /\/ d -e z�u ey, uLuZ \f��� �±\ . ] /\/ \u0 / \/% / � � e « �"�\ , * o / 2 j � :\ \ C� Exhibit 8 1] 0 0 1] 0 City of Newport Beach Police Department Memorandum October 5, 2000 TO: Capt. Tim Newman, Detective Division FROM: Kim Reilly, Vice and Intelligence Unit SUBJECT: Addendum to August 4, 2000 Report Concerning the Buzz Restaurant Introduction: On August 4, 2000 an addendum to the original staff report dated January 4, 2000 was forwarded to the Planning Department. These reports demonstrated the adverse impact the Buzz Restaurant continues to have on the Cannery Village area. The Planning Department has requested updated information on police activities at the location. Since the previous addendum, which included statistics from January 1, 2000 to June 30, 2000, the location has continued to be a drain on police resources. Between June 30, 2000 and September 30, 2000 there have been 48 police activities at the Buzz requiring police services (see Police Activities chart). Included in this figure were 25 calls for police service initiated by citizens, the business, etc. (see Calls for Police Services chart). Patrol officers initiated 23 of those activities (see Officer Initiated Activities chart). Finally, there were 21 arrests at the location (see Arrests chart). Reported activities occurred inside, at or immediately adjacent to the Buzz, and can be directly attributed to patrons of the business. Police Activities (June 30 — September 30, 2000) Calls for Service 25 Officer Initiated 23 Total 48 Calls for Police Services (June 30 — September 30, 2000) Fights 6 Disturbances 8 Narcotics 0 Bar Violations 0 General Reports 4 Alarm Calls 2 Miscellaneous 5 Total 25 ' Source: Newport Beach Police Department Crime Analysis Unit, CAD system data L, 5 B= Restaurant October 5, 2000 Page 2 of 3 Officer Initiated Activities (June 30 - September.30, 2000) Fights 1 Disturbances 2 Public Intoxication 7 Bar Checks 2 Stops 6 Miscellaneous 5 Total 23 Arrests (June 30 — September 30, 2000) Type Officer Initiated Calls for Service Total Public Intoxication 11 4 15 Battery 3 1 4 Narcotics 0 0 0 Miscellaneous 2 0 2 Total 16 5 21 Note: the following charts provide totals for ALL activities, services, and arrests related to the location (data from all three of our staff reports). Police Activities (April 1, 1999- September 30, 2000) Calls for Service 128 Officer Initiated 251 Total 379 Calls for Police Services (April 1, 1999- September 30, 2000) Fights 18 Disturbances 46 Narcotics 2 Bar Violations 3 General Reports 25 Alarm Calls 14 Miscellaneous 20 Total 128 0 • U(A� B= Restaurant October 5, 2000 Page 3 of 3 Officer Initiated Activities (April 1, 1999- September 30, 2000) Fights 9 Disturbances 21 Public Intoxication 21 Bar Checks 110 Stops 42 Miscellaneous 48 Total 251 Arrests (April 1, 1999- September 30, 2000) Type Officer Initiated Calls for Service Total Public Intoxication 67 16 83 Battery 5 3 8 Narcotics 3 9 12 Miscellaneous 17 4 21 Total 92 32 124 �J Submitted By: Kim Reilly Vice/ Intelligence Unit � CITY OF NEWPORT BEACH POLICE DEPARTMENT 0 Date: 8 -19 -00 TO: Patty Temple, Planning Director FROM: Bob McDonell, Chief of Police SUBJECT: The Buzz Restaurant Attached is an updated report on our activity at or related to the Buzz Restaurant from January 151 through June 30th of this year. As you'll recall, we forwarded an earlier report to you dated January 19th requesting appropriate action be taken to bring their operation into compliance. Based upon the information contained in this latest update, it is apparent things are continuing as they have been. Please consider this a renewed request to address the establishment's operation in an appropriate manner. Cc: Sharon Wood, Assistant City Manager Bob Burnham, City Attorney Homer Bludau, City Manager . E City of Newport Beach Police Department Memorandum August 9, 2000 TO: Capt. Tim Newman, Detective Division FROM: Det. Scott McKnight and Bill Hartford, Vice and Intelligence Unit SUBJECT: Addendum to February report concerning the Buzz Restaurant Introduction: On January 4, 2000 a staff report was forwarded to the Planning Department concerning the adverse impact the Buzz Restaurant is having on the Cannery Village. Since the first of the year, alcohol - related problems at the Buzz Restaurant continue to be a drain on police services. Between January 1, 2000 and June 30, 2000 there have been 41 calls for service and 75 officer initiated activities at the Buzz Restaurant. As a result, 29 arrests have occurred inside, at or immediately adjacent to the Buzz Restaurant. Other significant events include: • February 13, 2000 — A patron is struck with a beer bottle during a fight, two subjects are arrested for assault with a deadly weapon. • May 17, 2000 - A crime report is filed by a patron alleging she wad drugged at the Buzz by a bartender who took her to his residence and raped her. The case was reviewed and refused by the Orange County District Attorney's Office. • June 3, 2000 — A patron is arrested two blocks from the Buzz for being in possession of opium. The patron stated to the arresting officer, he purchased the opium from a band promoter operating inside the Buzz. The investigating officer subsequently interviewed the band promoter who denied any knowledge of the transaction and no further action occurred. • June 4, 2000 - A patron is arrested by patrol officers for masturbating on the dance floor inside the Buzz. • June 9, 2000 - A patron is struck with a beer bottle during an altercation and one subject is arrested for assault with a deadly weapon. kA Buzz Restaurant August 9, 2000 Page 2 of 3 Police Activities[ (January 1- June 30. 2000) Calls for Service 41 Officer Initiated 75 Total 116 Calls for Police Services (January 1- June 30. 2000) Fights 8 Disturbances 13 Narcotics 0 Bar Violations 1 General Reports 10 Alarm Calls 5 Miscellaneous 4 Total 41 Officer Initiated Activities (January 1- June 30, 2000) Fights 6 Disturbances 7 Public Intoxication 9 Bar Checks 33 Stops 18 Miscellaneous 2 Total 75 Arrests (January I — June 30. 2000) Type Officer Initiated Calls for Service Total Public Intoxication 7 3 10 Battery 2 2 4 Narcotics 0 0 0 Miscellaneous 11 4 15 Total 20 9 29 In February of this year, a meeting occurred between NBPD and Randy Tefeteller, a partner with PH Marketing International Inc. CUP violations and alcohol - related problems attributed to the Buzz Restaurant were identified to Mr. Tefeteller. Mr. Tefeteller indicated PH Marketing planned on changing the character of the operation to either a seafood restaurant or a franchise of "BB King House of Blues." Tables conceming police activities, arrests, and significant events are based on the most current data available. 0 0 0 n� 0 L Buzz Restaurant Augusl9, 2000 Page 2 of 3 In March of this year, the Department of Alcoholic Beverage Control sent a certified letter to the owners of the Buzz Restaurant (PH Marketing International Inc.) formally advising that the continued criminal acts at the Buzz Restaurant constitutes a nuisance (refer to attachment #1). Further, if the objectionable conditions were not corrected, disciplinary action would be taken against their ABC license. The letter gave PH Marketing thirty days to respond to the letter. As of the date of this report, PH Marketing has not responded to the ABC. Based on our continued monitoring of the activities and calls for service to the location, the problems identified in the original report have not been addressed by the owners of the Buzz Restaurant. Their alcohol - related problems continue to have an adverse impact on the Cannery Village area. Submitted By: �� ;��,,,(`— Sco ,\c(l\\JKniight, DetA�ctive Vice/ Intelligence Unit Bill Hartford, Detective Vice/ Intelligence Unit �t STATE OF CALIFORNIA— BUSINESS. TRANSPORTAUON AND HOUSING AGENCY GRAY DAVIS Goremor DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Santa Ana District Office i_ Civic Center Plaza, Room 369 Santa Ana, CA 92701 (714) 558 -4101 PH MARKETING INTERNATIONAL INC. 18300 Von Karman Ave Ste 900 Irvine, CA 92663 Dear Licensee(s): CERTIFIED MAIL RETURN RECEIPT REQUESTED March 6, 2000 Buzz Restaurant 3450 Via Oporto Newport Beach, CA 92663 File: 47-349415 From April 16, 1999, through November 20, 1999, officers of the Newport Beach Police Department responded to your premises approximately fifty three (53) times due to various violations of the California Penal Code. Violations occurring in and around your premises nclude fighting in public, battery, public intoxication, possession of false identification, possession of marijuana, minor in possession of an alcoholic beverage and obstruction of justice. You are formally advised that the above activity constitutes a nuisance. As a licensee, you are charged with the responsibility of taking reasonable steps to correct these objectionable conditions or face disciplinary action against your alcoholic beverage license for violation of Section 24200(e) of the Business and Professions Code. I would like you to respond in writing within thirty (30) days of the date of this letter to inform us of the steps you have taken to eliminate the current nuisance situation and prevent similar problems in the future. If you have any questions or wish to discuss the matter, please feel free to contact Supervising Investigator E. Harris at (714) 558 -4101 . In the meantime, our agency, the local policing agency and nearby residents will continue to monitor the activities about your Premises. Sincerely, 9/q /',in C M.C. Alvarez -Spenc r District Administrator QCAS:rr 0 q City of Newport Beach Police Department Memorandum January 19, 2000 TO: Capt. Tim Newman, Detective Division FROM: Det. Scott McKnight and Bill Hartford, Vice and Intelligence Unit SUBJECT: Buzz Restaurant Recommendation: Request the Planning Director take appropriate action to consider modifying, amending or revoking the Conditional Use Permit (CUP) of the Buzz in order to reduce or eliminate the aspects of the business operation that are having an adverse impact on the health, safety or welfare of the neighborhood or the general public, and to correct specific violations of CUP conditions. Background: Since the Buzz opened in April 1999, police - related activities in the area have increased. A similar increase in alcohol- related arrests has occurred contemporaneously with the opening of 10 the Buzz and statistics maintained by our Crime Analyst indicate a disproportionate number of alcohol - related arrests are associated with the Buzz as compared to other similar establishments. Alcohol - related arrests or crimes are defined as incidents in which the suspect had been drinking prior to committing the offense for which they are responsible. The investigating officer records this information on the arrest or crime reports and our Crime Analyst later tallies it. Since the first of the year, our officers have made more alcohol- related arrests attributed to the Buzz than any other licensed alcohol beverage premise in the City. This statistic is especially telling since records are maintained from January 1, 1999 and this business did not begin operation until April 1999. Officers made 46 arrests for alcohol- related crimes where the Buzz was identified by the arrested person as the most recent location of alcohol consumption (as reported to the investigating officer), nearly double of those attributed to the number two establishment.i Discussion: Based on our analysis of police activity and arrest data, it appears the Buzz is in violation of the following sections of the Newport Beach Municipal Code. Violation #1 - 20.89.060 NBMC subsection (C)(5). The business or establishment for which the permit was issued has had or is having an adverse impact on the health, safety or welfare of the neighborhood or the general public. t Source: Newport Beach Police Department Crime Analysis Unit, arrest report data for 1999 involving drunk in public and driving under the influence arrests. The investigating officer asks the arrested person where they had last been drinking and the officer enters the reported location on the arrest report. This number reflects those who reported they were last drinking at the Buzz, regardless of where the physical arrest occurred. Only 53% of those arrested for drunk in public or DUI provided the officer with a location that they had last been drinking. i Buzz Restaurant January 17. 2000 Page 2 of 4 Since the Buzz opened in April 1999 and through the end of the year, there have been 215 incidents at the Buzz requiring police services (see Police Activities chart). Sixty -two were calls for service initiated by citizens, the business, etc. (see Calls for Police Services chart). Patrol officers initiated 153 of those activities (see Officer Initiated Activities chart). Finally, there were 74 arrested at the location (see Arrests chart). Reported activities occurred inside, at or immediately adjacent to the Buzz, and can be directly attributed to patrons there. Police Activities (April 1- Decemher 31. 1999) Calls for Service 62 Officer Initiated 153 Total 215 Calls for Police Services (April 1- December 31, 1999) Fights 4 Disturbances 25 Narcotics 2 Bar Violations 2 General Reports 11 Alarm Calls 7 Miscellaneous 11 Total 62 Officer Initiated Activities (April l - December 31. 1999) Fights 2 Disturbances 12 Public Intoxication 5 Bar Checks 75 Stops 18 Miscellaneous 41 Total 153 Source: Newport Beach Police Department Crime Analysis Unit, CAD system data J Three incidents required an emergency response (lights and siren); four were loud music complaints 11 0 0 Buzz RuIauranl January 17, 2000 Page 3 of 4 Arrests I 19991 Type Officer Initiated Calls for Service Total Public Intoxication 49 9 58 Battery 0 0 0 Narcotics 3 9 12 Miscellaneous 4 0 4 Total 56 IS 74 The Buzz is located in police Reporting District (RD) 15. RD 15 includes the area of 20'h Street to 32nd Street and the Ocean Front to Newport Bay (see attached map). We compared alcohol - related arrests in the RD 15 area from April to September 1999 against alcohol - related arrests for the same area and time frame in 1998. There has been a 45% increase in alcohol - related arrests this year (refer to attachment depicting RD 15 crime data). Alcohol - Related Arrests, RD 15 (April — Sentember_ 1999) Year Number of arrests 1999 367 1998 252 An undercover investigation conducted at the Buzz on Thursday, November 18, 1999 by ABC and NBPD Vice Investigators resulted in three arrests and five citations. The involved subjects were customers from the Buzz. Our observations again corroborated the experiences of the area patrol officers (refer to attachment #3 for a log of the events from this operation and to the 11/18/99 Employees Report of the observations made inside the business by undercover investigators). This business appears to be having an adverse impact on the surrounding Cannery Village area. Patrons of the Buzz consume alcoholic beverages in the business then leave. In many instances these patrons appear to be intoxicated. Fights have occurred in the immediate area involving people who reported they had been patrons at Buzz before the incident. In most of these cases alcohol consumption appears to have been a contributing factor. Drunken driving arrests in other areas of the City have involved people who reported they had been drinking at the Buzz before their arrest. At closing time, it is not uncommon for large and unruly crowds to exit the business and commit disturbance and nuisance violations (i.e. loud noise, urinating in public, littering). The next morning surrounding parking lots are often littered with discarded beer bottles and cans. These chronic and recurrent incidents have diverted beat officers away from normal patrol duties. On busy Thursday, Friday, and Saturday nights numerous officers must routinely deploy in the area from 11:00 PM to 2:00 AM to maintain order. These officers are prevented from conducting other police functions, like routine patrols in residential neighborhoods in other parts of the City. J� Buzz Restaurant January 17. 2000 Page 4 of 4 Violation #2- 20.96.020 NBMC. Buzz customers are charged parking fees for the valet parking service and the use of the parking structure. Officer Lewis, assigned to the area as a bike patrol officer, has made several observations concerning parking in the Cannery Village area (refer to Officer Lewis's 11/24/99 Employees Report). Officer Lewis maintains that there are no designated areas for free parking. Lewis spoke to parking attendants at the Lido parking structure who told him that patrons must enter the structure prior to 8:30 PM to avoid a $3.00 parking fee. The practice of charging patrons to park appears to violate a condition of the CUP that requires "valet parking service and use of the parking structure be provided at no charge to the patrons." These conditions remained present during the November 19, 1999 investigation by Vice Investigators. Violation #3- 20.96.020 NBMC; the CUP requires an amendment to the CUP if the interactive video games are removed from the second floor. The CUP specifies that the second floor of the Buzz would be used as an "arcade" area (interactive video games) and would have a corresponding reduced parking requirement. A few months ago, the interactive video games were removed from the second floor. These conditions were present during the November 19, 1999 investigation by Vice Investigators. Conclusions: 1.) There has been a noticeable increase in police - related activities and alcohol- related arrests that can be attributed to the Buzz. As a result, the business is having an adverse impact on the health, safety, and welfare of the neighborhood and the general public. 2.) The Buzz has violated conditions of the CUP concerning parking requirements. The business has removed the interactive video games from the second floor and is required to amend the CUP accordingly. Submitted By: Scott McKnig t, Detec ive Bill Hartford, Detective Vice / Intelligence Unit Vice/ Intelligence Unit 0 q Ar gn MAY ����i� PAW T T > D w m -• m o � 0 2. N o o N�. m 33a �^ o ° a 0 D r N H Q N t 7 m_ N O a.. o O to A +rn OD (3) to y D O cn m A co to CO CD y OD W m N d0 7 ccn co O c11 O a �wtoco a n cp tJ w w to G to N to V m 0 tJ O V y A N O O tJ tJ co to tD N+ ? A tG A Cn V Cn ch tD in N+ m V N Cn V tb W N D < ZZZZ to D D D D to D D m 0 D D m m 0 > o y ° -';DHnn92 �Hnn�' m'^ .i 3 3 d O O O O O N N R N N w N M a D ' D 61 61 N N 41 N OD N A co tJ V _m N cn �m N tb pp1N to w co A (cn w O 0 N 0 f to N N r%) co (011 co co N •_. •_. tJ to A N A to V A to co O N N N 1+ OD co tJ N '+ � A tJ to A N to (b CO (b V m V tv O V A m m v OD N N tJ co CO cD c co r%) O tb co N N V co co to N 00 -+ m co N ol N tD A N A? N co w -+ A V •+ A V A W D � N (b tJ m m CO CO N OD m? V O A to to N A N to tJ N A •N' V1 tJ (b w m m :A w N N �ao co Ll �o o o U � to m to to to 1 m O PD tJ O p1 fT Oo o W •� e o o 0 0 ..+ .N e 0 0 0 ° o tE t11 D ca 0 m tNDmA to N CU in V CO ao e 0 oI d J k� P' 0 ATTACHMENT ABC EVENTSLOG Date: _11/18/99 Total Arrests: 3 Cites: 5 TIME EVENTS 2100 Enroute Buzz — Inside group will consist of McKnight and two ABC Investigators Outside will be Freeman, Hartford and Wymer 2110 10 -97 with Bike Unit — Psaros, Lewis and Vlad Scott McKnight and ABC Investigators Brad and Chau Tran enter BUZZ 2155 Bike Unit does drive-by 2205 Sgt. Freeman, Bill Hartford and Wymer drive by location — Medium line — approximately 75 -100 persons outside location No valet on gremise 2230 Approximately 150 persons outside in line very few patrons coming out appears to be two lines — very little or no crowd control other than cord stanchions 2300 Still crowded — few people exiting 2302 Freeman/Hartford and Wymer observe 3 males exit location and return to their vehicle. Male driver is observed urinating outside vehicle in parking lot area. 2310 Bike Unit — PsarosNIad/Lewis 97 location with two male subj ects- 1 cite issued — unknown reason still very crowded — lots of vehicle traffic Music / loud bass sound audible outside location 2330 Still crowded Appears BPOE may be charging BUZZ patrons for parking aces 2340 Scott McKnight calls, says he has a possible candidate for Over -intox Service 2345 Crowd lessening — but still line outside 2400 Crowd again 2410 Freeman/Hartford receive call from dispatch — Bike Unit has vehicle stopped first level request 10 -97 inside structure Lewis has Male/female stopped who he observed with open containers in their laps while driving out of the structure Male had a chapstick container w /possible Ecstasy tablets inside / Cocaine as well - Male 10 -15'd /Female released 0030 Stayed out on foot 0045 Scott calls — Subject he's been watching is exiting Hartford contacts the subject who is definitely 647F Male can barely stand on his own — Subject starts crying and begging to go home, states he was on his way to his car. He says he's been arrested outside a nightclub for drunk before Bike unit responds Subject blows a 1.7 on PAZ Patrons are beginning to exit in small numbers — Patrons are loud and linger outside location in roadway and around fountain area 0130 Mass exodus - Patrons exiting — very loud Yellin to each other and lingering in larger numbers outside club 0145 Mass exodus continues - HUGE crowd outside location VERY loud, Buzz bouncers have very little cooperation in getting them to leave A lot of patrons in street and lingering around fountain and in parking structure. Bike Patrol arrives to assist in clearing roadway — Two units drive through / assist — Crowd resistant to leaving Very loud, tires screeching in parking structure, lots of yelling and screaming Bouncers from BUZZ attempt to keep crowd moving- crowd leaves very slowly. Bike unit makes 1 additional arrest and 5 cites total 0200 Return to station 0 0 C/ it NE% IRT BEACH POLICE DEPARTMEN' EMPLOYEES REPORT Subject DR Number TAwk Buzz 3IMnd Time Occurred Location of Occurrence IRD 11/18/99 2330 3450 via Oporto 1 15 ro:(Rank, Name,Assignme nt, Division) Date and Time Reported Capt. Newman, Detective Division Commander 12/1/99 1000 Due to the number of alcohol related arrests made at the Buzz, Investigators Brad Hauk and Chao Tran of Alcohol Beverage Control accompanied by Investigator McKnight entered the Buzz on Thursday, November 18,1999 to conduct an undercover investigation. Investigators, cognizant of the previous 81 alcohol related arrests at this location, entered the business at 2200 hours in an attempt to specifically identify incidents of over consumption of alcohol by restaurant patrons. Prior to entering the establishment, Investigator McKnight reviewed the security and the door host responsibility plans prepared by the Buzz staff. Once inside the business, Inv. McKnight found that many practices employed by the staff were contrary to these policies. The security plan indicated that bartenders and or servers would be responsible for checking patron identification once they enter the building. At no time during Investigator McKnight's investigation inside e see any personnel inside verify identification. The security plan also called for Door Host onnel to check the adjacent parking structure. During my four hour investigation outside the 0 business, I did not observe Buzz personnel check the structure at any time. In the following incident detailed below, Investigator McKnight identified an extremely intoxicated subject (referred hereafter as "Fernandez") in the bar. This subject was served alcoholic beverages on numerous occasions after he was clearly intoxicated. During McKnight's surveillance of Fernandez he noted this subject to display rude and offensive behavior. His behavior, committed in front of door hosts, went unchecked in direct violation of door host policy and procedure. McKnight's attention was initially drawn to Fernandez at approximately 2300 hours because of his loud, overbearing, and unruly behavior. McKnight watched him exclusively for ninety minutes and saw him approach females, unknown to him, and rub his body against theirs. This type of up close dancing routine occurred both on and away from designated dance areas. In some instances, females pushed away the subject's unsolicited advances. Moreover, guest hosts were exposed to this behavior and failed to caution the subject even though their policy mandates them to. In their Door Host Policy and Procedure Guide personnel are directed to be "aware of overbearing male patrons ". ermore, the are encouraged to "read body Ian ua a and quell a situation before it occurs ". supervisor Approving . ID No. Reporting Officer(s) ID No_ Date and Time Reproduced and Distributed Clerk W. Hartford #702 i9PD Form 15.] (Rev. 39B) NE' ORT BEACH POLICE DEPARTMENT Continuation, Sheet 2 1 Employees Report Fernandez was observed making three different alcohol purchases in an hour period even though he 41 was already obviously intoxicated. Fernandez was loud, disoriented, and unsteady on his feet. McKnight observed him make a purchase of two, ten ounce vodka drinks at 2330 hours from an upstairs bar. Fernandez consumed both drinks in less than twenty minutes. At 2355 hours, Fernandez stumbled up to a beer bar located near an upstairs dance floor and ordered a twenty ounce Corona beer. McKnight noted that Fernandez's speech was slurred to the point of being incoherent as he ordered the beer. In fact, the server asked him to repeat his order two different times. Fernandez also had difficulty paying for the beer. McKnight watched him fumble with his money which was wadded up in a ball in his pocket. Fernandez initially tried to pay for the beer with a dollar bill but was directed by the server to pay additional money. As McKnight watched this purchase, it was clear to him that Fernandez was overly intoxicated. McKnight followed Fernandez to the dance floor where he consumed most of this twenty ounce beer as he was dancing. However, while in front of Buzz door host, Fernandez proceeded to spray surrounding patrons with the balance of beer left in his bottle as a particularly popular song concluded. Again, staff at the Buzz ignored the obviously unruly behavior. Fernandez made his final alcohol purchase at 0030 hours from a waitress serving the upstairs dance crowd. After he finished his drink, he stumbled over to an upstairs lounge area where he nearly passed out. Prior to leaving the club, McKnight followed him to a hallway outside of the bathroom where he proceeded to get into an argument with another patron. This argument started because Fernandez cut in line in front of the other patron. This other patron, intimidated by Fernandez' loud aggressive behavior, simply backed away. After Fernandez left the business, McKnight followed Fernandez and notified me of his observations. I detained Fernandez at the bottom of the parking structure after I teamed that the subject was walking to his car. Officer Anderson arrived and placed Fernandez under arrest for drunk and disorderly conduct. Prior to Fernandez' transportation to NBPD jail, Officer Lektorich responded and obtained a preliminary alcohol screening test from him. The results revealed .Fernandez blood alcohol to be .176, nearly twice the legal limit for driving under the influence cases: W. Hartford #702 F. 3.15 (Rev. 398) NF' -ORT BEACH POLICE DEPARTME' EMPLOYEES REPORT Subject DR Number jlk=" Nightclub D'Wand Time Occurred Location of Occurrence RD 11 -24 -99 1 3450 Via Oporto 15 To:(Rank, Name,Assignment,Division) Date and Time Reported Detective Hartford, Vice and Intelligence 11 -24 -99 0130 Bill. - Due to limited patrol coverage, there were no bike units. deployed tonight. The following is a summary.of activity during this.nightclub promotion. 1_ s poke. with ..the. parking - attendants- at. the - Lido- Parking-Structure,.34.34 Via-Lid o....As.you_know.the .._ majority. of. parkjnglor_ihe"B_UZL' .%.accommodated_ here —Ihe_ attendants _advised_meth e_y-charge. a._ flat. fee of $3.00. per.car.after_2030- hours.- They_wilL.validatesestaurant customers_aslong- asthey- enter. prior to-203.0 hours._1 vtas.told that acts_ of. vandafism.. commonl ".ccur.in.the_structuce.by - drunken._. _ ._. patrons..of.the_club..- The- gates_to- the.lotand. the_ lights -near- th.e_entrance_ ace-co mmonly- broken__ Lhave_ seen discarded. alcohol. containers.littered abo.utthe _structure -orLa.regularb.asis_ The- company_that. _ .. handles the. tQt _is...manag.ed -by_Rick-Shilleh -of ".C.alifomia_P-arking S. ervices- (213.)-8.9Ml4Z_(.714).__._ -_ _._. 1027-90—_ The large- crowds - drawn -hy_ the_ club -also_impactfhe_pad nglQts -of �area_businesses—The -Elks- Lodge-at- Central and. Via_OportQ.Qmploy-sanight. security- g.uardthat -primady_. deals- vith.theto- wing- .oinightclut>_ patrons vehicles parked.inthe. Lodge's- private- spaces—The_Pavifions -packing lotals.o-e.mploys_anjght-_- secu 'ty.guacd..f.Qr the same_purpose__V-ehicles_ are tQw. edirnrrLthes- eJotsregulady-onbusy _cl.ub-nights__.- Recard.s.hasalog-QfPdvate Partylmpo.unds_if an_exacLnumheLls-cequired Thereis_not-a-dasignated area-for patrons-to-park for free only- available-street_parkin"ava_seeh _empty -aIcoh.oLcQntainers_and. sash- 1ittered-om adjacent-stre.ets , primadly Via I idoMa_Oporto_and_/Ja_lalaga- ischen and. Ldid.a walk_ through_ at. 23- 00.hQurs_tonig.ht_The doormeritoldme_theyhad-arount -of -about 250.people, sign ificandyJess.. than.normal- weekend.nights-Ins ide- the- bar_was_relatively- .sjovr,_1_did. not.._ cote any congestion. in. the_ aisles..and.- walkw.ay.s—Lonly-noted..one tab. le ._thathad-food_s-erved._The -.back ioors..to.the..patio- areaHrecestanding... open .and_themusic.and.noise_was. audib.le_.outside_ -Tbe patio..... appears- to.beused_to- accommo date_. smo.kers..- L.havenever- seen- amplified _music-or_outdoor- .__.....__._ _.._ upervisor Approving ID No. Reporting Officer(s) ID No. n 4� ate and Time Reproduced and Distributed Clerk J. Lewis 1032 'D Faun 151 (Rev. I i %I NF--'PORT BEACH POLICE DEPARTMEr" Continuation) Sheet Page No. 2 Type of Report Employees Report Booking No. DR Number speakers on the patio. There is normally a VIP line at the entrance.to the. club, however.due to the small crowd, a line never. formed .outside. It should be noted the.vid.eo games. on the. second level of the club have been removed. AD.J..booth was set up there tonight... _. _.. - _........ _ . _ _. My_. p. roactivapatrol .activly-waslimitedionight due_to_my assignmen.L as. a-b. eaLunit.(324)_.Ldid.noLoote._ any radia. calls_ cr- obs-activity_b_-yother-unitsselated-to-the °B11Z-L tonight ,(my -shd- cQncl.uded_aLQ130—._ hours).. Tonights_ activWt -the_clul- was.definitely nQtcharacteristic_oithe_a-verage_weekend.nighL An.y.. related. arrests .thatlamnot_aware_.of- by.others units_tonightJm. sure_ wilLmake _fheirw -ay -acrossyouuL__. desk. -- - - - - This. - weekend we wjl► lesume-nnrmaLbike slepluyment.letAnderson, 2saro -Qr -myself- snow- ifthere-js_. anythi g- we_can_doio assisty-ou upervisor Approving ID No. lReporting officer(s) ID Now t J. Lewis 1032 WO Fw 115 MP .'D-6) 0 Exhibit 9 0 .l RECEIVED BY PLANNING D_PARTMENT NF��� ^ ^OT THE TOWERS OWNERS ASSOCIATION CITY OP. , EACH 3121 West Coast Highway FEB 0 7 2GG-3 Newport Beach, California 92663 AM PM 71819110111112111213141516 Feb. 5 2000 City of Newport Beach, Calif. Mr. Jim Sinasek P.O. Box 1768 Newport Beach, Calif. 92658 Dear Mr. Sinasek: I met you in the office on Feb. 4 and you sugested that I write to you and explain a complaint we have against The Buzz entertainment area. I wrote to Buzz June 24 complaing about the sound that was keeping us awake. I called twice on the telephone and the, girl promiwed she would give the message to the operators. The Towers is accross the bay from Buzz and the sound seems to be amplified by the water. Our complaint is the loud percussion type of music that keeps us awake. They were operating to 1;30AM and just this last week they shut down there operation at 12.30 AM Please do what you can abouttalking to the owners and if possible take away their liscence. You would make the operators of the Towers very happy if you could do something. L� • Sinc ely Yours My Telephon number is 949 642 - 654 -.�f 0 Vo 0 Exhibit 10 �l 9 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 PLANNING DEPARTMENT 949 - 644 -3200 February 16, 2000 Via Federal Express Randall S. Teffeteller, Director of Operations R.S.T. Management Group 41 Porte Rivera Lake Elsinore, CA 92532 SUBJECT: The Buzz Restaurant Use Permit Compliance Mr. Teffeteller: It has come to my attention that the operation of The Buzz Restaurant has been changed in a way which is not consistent the Use Permit approved by the City in June of 1998. A key aspect of the approval was the designation on the floor plan that the second floor would be occupied by a high number of interactive games, with food service secondary to the game area. This aspect of the project allowed the City to consider that area an arcade, as defined in the Municipal Code, and thus lowered the parking required for the project. It has been verified by field inspection that most of the games have been removed, and the area reinstated to food service area. This is a serious violation of the conditions of the Use Permit, and should have only been done in association with an amendment to the Use Permit. Additionally, the Newport Beach Police Department has provided information about increasing calls for service at this facility, resulting in numerous arrests. This is also a serious concern, as it is the purpose of the Use Permit to govern the operation of this restaurant in a manner which is not detrimental to the neighborhood. It is our current intent to bring the Use Permit to the Planning Commission for review pursuant to Condition 27 (see attached minutes). We have set a meeting, to be held in the Office of the City Attorney, at 10:00 AM on Tuesday, February 22 "d to discuss how you propose to correct the violations of the Use Permit conditions. Because of the serious nature of the situation, it is important for you or a representative of the restaurant operator to attend. If you are unable to attend please call my office immediately so that an acceptable time can be arranged. If you have any questions or need additional information, please call me at the above number. Patricia L. Temple Planning Director xc: Donna Larsen Hand delivered to on -site manager at 3450 Via Oporto 3300 Newport Boulevard, Newport Beach C/ U Exhibit 1 1 q� 0 City of Newport Beach Planning Commission Minutes October 5, 2000 SUBJECT: Buzz Restaurant) 3450 Via Oporto • Use Permit No. 3626 The Planning Director has determined that there are reasonable grounds for the revocation of Use Permit 3626 (Buzz) and the Planning Commission is requested to set a hearing to consider revocation of the use permit. Ms. Temple noted that tonight's consideration on this item is not a revocation hearing. The report was prepared by staff based on determinations related to substantial compliance with the Use Permit and information provided to the Planning Department by the Newport Beach Police Department. We believe that there are grounds for consideration of revocation and request the Commission to review the information provided in order to determine whether a revocation hearing is warranted. If you find that those grounds exist, the staff recommends a hearing date of October 19th to be set. Public comment was opened. Michael Cho, attorney for Buzz Restaurant, 3991 MacArthur Blvd., Suite 350, noted that the general manager had met with the City and members of the Police Department and was under the impression that some of the changes that had been made by the ownership had alleviated some of the law enforcement related problems. His understanding in talking with the Planning staff is that there are continuing problems and he is hopeful they can be dealt with. Continuing, he stated that he has not had an opportunity to review the staff report nor look into the ABC notification dated March 6, 2000. He has a meeting set up with the ABC Enforcement Supervisor for next week. That letter had been sent to PH Marketing at the Von Korman address. The Buzz Restaurant is a joint venture owned by two entities, PH Marking International and Star Works Arena. The letter does state that it was sent signature required, return receipt requested. If there are issues that need to be discussed, my client and I will be holding those discussions with the ABC. City staff has informed me tonight that if I were going to prepare any responsorial material, I would have to have that in the Friday before, which I believe is the 13th of October. I would prefer to have this matter heard on November 9 +h. This will allow us an opportunity to discuss matters with the ABC, as this is a significant element and also prepare our own documents to present to the Planning Commission. Public comment was closed. Motion was made by Commissioner Kranzley to set a hearing on November 9, 2000 to consider of a revocation of Use Permit No. 3626. 1[7 INDEX Item No. 4 UP No. 3626 Hearing Set for 11/09/2000 �b City of Newport Beach Planning Commission Minutes October 5, 2000 INDEX Ayes: McDaniel, Kiser, Agajanian, Selich, Kranzley, Tucker Noes: None Absent: Gifford SUBJECT: Calculation of residential maximum floor area limits item No. 5 The Planning Commission is requested to provide direction to staff on the Recommended for interpretation of regulations on the calculation of residential maximum floor Approval area limits for a proposed single family dwelling unit at 929 Via Lido Saud. Ms. Temple commented that the architect and property owner were in attendance. We have had discussions in the past regarding residential development requirements and the interest in maximizing development. This is one more indication of that and shows that the strict application of the wording of the Code does lead us to some challenges when people want to do some creative things. We are asking for your interpretation on whether this subterranean space created by virtue of a mechanical lift within a two story element would qualify for the exclusion pursuant to the Code for basement areas . below seven feet in height from being counted as floor area. There are no modifications or other discretionary applications in this project. Public comment was opened. Doug Mansfield, 1100 South Coast Highway, Suite 301 A Laguna Beach, architect for the project noted that his interpretation of the Code was that internal shafts are counted as floor area only once. A car lift is similar to the ones noted in the Code. The staff report notes that the garage is over 14 feet 6 inches in height but the floors are solid metal and are structural members. In no position that this lift could be in is there space that is over 14 feet 6 inches high. The other point is that if the owner were to eliminate the lift for some reason, they would not have any garage. The other point is that if that floor were to be solid, this particular design would conform fully because the space below is under 7 feet. Chairperson Selich noting the diagrams it looks as if there is 9 feet from the bottom of the unusable shaft area to the bottom of the plate. You just said it was 7 feet or less and this diagram is showing it at 9 feet. Mr. Mansfield answered that if we did not have this lift and came in with a standard garage with a floor and put in a floor below that provided 7 feet like the lift in the down position. You can't really put anything in there, as it would get smashed. At Commission inquiry, he noted that there is a 10 -foot plate on the first floor, the auto lift is approximately 1 -foot thick and then seven feet for the lower space. A typical garage door is about 8 foot high so you need a minimum of a 9- 19 11 0 Exhibit 12 0 V- 0 y� CITY OF NEWPORT BEACH Hearing Date: October 5, 2000 COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 4 PLANNING DEPARTMENT Staff Person: Patrick J. Alford 33� NEWPORT BOULEVARD 644 -3235 NEWPORT BEACH, CA 91658 (949) 644-3100; FAX (949) 644-3150 REPORT TO THE PLANNING COMMISSION SUBJECT: Consideration of a revocation hearing for Use Permit 3626 (Buzz) 3450 Via Oporto SUMMARY: The Planning Director has determined that there are reasonable grounds for the revocation of Use Permit 3626 (Buzz) and the Planning Commission is requested to set a hearing to consider revocation of the use permit. ACTION: If desired, set October 19, 2000 hearing to consider revocation of. Use Permit No. 3626 LEGAL DESCRIPTION: Parcel 1 of Parcel Map 63 -11 (ResubdivisionNo. 477). ZONING DISTRICT: Retail and Service Commercial (RSC) District. LAND USE DESIGNATION: Retail and Service Commercial OWNER: June Johnson. i VICINITY MAP 1J- Project Site )a �1 n�k2 Use Permit 3626 0 Subject Property and Surrounding Land Uses Current land use: Commercial (eating and drinking establishment/commercial recreation). To the north: Newport Harbor Turning Basin. To the south: Via Oporto with commercial (parking structure /offices) opposite. To the east: Commercial (eating and drinking establishment/retail). To the west: Institutional (Elks Club). Use Permit 3626 (B=) October 3. 2000 1 PM312, � J Introduction Under the provisions of Section 20.96.040 of the Newport Beach Municipal Code, the Planning Commission is required to set a revocation hearing if it is determined that reasonable grounds for revocation of a use permit exist. Grounds for revocation include approvals that are based on erroneous or misleading information or misrepresentation or if there are violations of the terms or conditions of the approval or other laws or regulations. The use permit for Buzz (originally submitted as J.P.'s of Newport Beach) was approved in 1998 with an off - street parking waiver. The waiver was approved on the basis that the project would reduce the net public (customer- serving) area of the restaurant. The proposed floor plans and statements by the applicant specified that the second floor of the restaurant would be occupied by a large number of interactive, video, and sports games. The applicant contended that this game area would be a permanent feature of the restaurant and would function more as an arcade than a restaurant. Since arcades have a significantly lower off - street parking requirement than restaurants, this feature was used as justification for the parking waiver. Earlier this year, the Planning Department became aware that most of the games had been removed and the floor area was being used for food and beverage service and dancing. This is in direct violation of Use Permit 3626 Condition No. 1, which requires the project to be in substantial compliance with the approved floor plan. Newport Beach Police Department (NBPD) has also reported an increasing number of calls for service and arrests relating to the protect. Backaround On May 21, 1998, the Planning Commission approved (5 Ayes, 2 Absent) Use Permit 3626 for a full service restaurant and entertainment facility with live entertainment, dancing, and outdoor dining. The approval included a wavier for 41 parking spaces. On June 22, 1998, the City Council reviewed the Planning Commission's approval of Use Permit 3626. The City Council modified the Planning Commission's action by amending conditions relating to ingress and egress on Central Avenue, requiring a comprehensive parking study, and that signage issues be clarified relative to free valet parking with validation. On May 14, 1999, the Certificate of Occupancy was issued. On January 19, 2000, the NBPD issued a memorandum on reports on the calls for service and arrests associated with the project. On February 5, 2000, the project's management was issued an administrative citation for exceeding the City's exterior noise standard and Use Permit 3626 Condition No. 24, which requires compliance with the City's noise standards. Use Permit 3626 (B=) October 5, 2000 Pa --�3 i On February 7, 2000, the Code Enforcement Division received a letter from The Towers Owners Association (3121 West Coast Highway) describing disturbances caused by music from the project. On February 16, 2000, the Planning Department notified the project's management of the inconsistency with the terms and conditions of approval of Use Permit 3626. The management was also informed of the NBPD reports on the calls for service and arrests. Later that month, representatives of the Planning Department, City Attorney's Office, and NBPD met with the project's management, wherein they agreed to submit a revised floor plan that would be reviewed for substantial compliance with the project's use permit. The project's management was also admonished that compliance with the use permit is required while the revised floor plan is reviewed. On February 26, 2000, the project's management was issued a second administrative citation for exceeding the City's exterior noise standard and Use Permit 3626 Condition No. 24. On March 6, 2000, State Department of Alcoholic Beverage Control (ABC) formally advised the project's owners that the continued criminal acts at the project site constitutes a nuisance and gave them 30 days to respond. As of this writing, the owners have not responded to the ABC. As of this writing, the City has not received the revised floor plan or any other evidence of compliance with the project's use permit. Analysis There are reasonable grounds for the revocation of Use Permit 3626 for the restaurant/recreation and entertainment facility known as Buzz. The approval of the use permit was based on erroneous and misleading information. Staff believes that the character of the operation was misrepresented when the second floor game area was identified as a permanent feature of the project. The terms and conditions of approval of the use permit were violated when the bulk of the games were removed and the floor area was converted to food and beverage service and dance floors within 6 months of the issuance of the certificate of occupancy. There have also been violations of a condition that requires compliance with the City's Community Noise Control Ordinance. The NBPD has reported that numerous serious criminal acts have been committed on the project site and surrounding area. Given these circumstances, staff believes the use is detrimental to the public health, safety, peace, morals, comfort, and general welfare. There is ample evidence in the public record that the project would be operated as a restaurant and entertainment facility. The operations plan submitted with the application states the following: "The first floor will comprise the dining and bar area as well as the Activity Area. This area will feature simulation and skill games." "The second floor will contain interactive games, as well as a dance floor, the second floor bar (existing) and additional dining tables." Use Permit 3626 (13=) October 3, 2000 �! „ Page V These characteristics were also reflected on the floor plans submitted with the application, which depicted a significant portion of the floor area devoted to game units (see Attachment I and Attachment 2). The floor plans also indicated that 1,952 square feet of the 9,808 square feet of net public area would be devoted to game areas (see Attachment #3). The operational characteristics of the project are important because, at the outset, the NBPD expressed concerns about the establishment of another nightclub business in this area. The previous tenant of the site (The Warehouse) and previous nearby establishments (Thunderbird and Bacchus) had been associated with disturbances to the adjacent commercial and residential neighborhoods. The game areas were presented as a means of giving the establishment appeal to a wider segment of the population. In fact, the operations plan described the project as "a combined upscale restaurant and entertainment facility targeting a diverse market profile." The conversion of the game areas to food and beverage service and dance floors has fundamentally changed the operational characteristics of the project from a restaurant/entertainment facility to a nightclub. Violations of the Terms /Conditions The game areas were also the basis of the Planning Commission's approval of a waiver of a portion of the project's off - street parking requirement. The game areas depicted on the approved floor plans reduced the net public area of the restaurant. Since arcades have a significantly lower off - street parking requirement than restaurants, this feature was used as justification for the parking waiver. Use Permit 3626 Condition No. I requires that the development be in substantial conformance with the approved floor plan to insure that these areas are not used for uses with higher parking demand characteristics. The removal of the bulk of the games and the conversion of this floor area to food service and dance floor uses is a direct violation of Condition No. 1. As stated earlier, the project has been cited on two occasions for exceeding the City's exterior noise standard. The City's Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach Municipal Code) establishes a 60 dBA Equivalent Noise Level (Leq.) allowable noise level for commercial areas between the hours of 10:00 p.m. and 7:00 a.m. The City's.Code Enforcement Division recorded noise levels that exceeded this standard. This is in violation of Use Permit 3626 Condition No. 24, which requires compliance with the City's noise standards. Violations of Other Laws The Planning Department has received two reports from the NBPD concerning the adverse impact the project has had on the surrounding area (see Attachment #4). From January 1, 2000 to June 30, 2000, the NBPD has documented 41 calls for service and 75 officer - initiated activities at the project site. These police activities have resulted in 29 arrests for public intoxication, battery, and other violations of the law. The NBPD concluded that the project was having an adverse impact on the health, safety, and welfare of the neighborhood and the general Use Permit 3626 (Buu) October 5. 2000 Page public and requested the Planning Director to take action to modify or revoke the project's use permit. On March 6, 2000, State Department of Alcoholic Beverage Control (ABC) sent a certified letter to the project owners formally advising them that the continued criminal acts at the project site constitute a nuisance. The ABC gave the owners 30 days to inform them of the steps taken to eliminate the nuisance situation and prevent similar problems in the future. As of this writing, the owners have not responded to the ABC. Failure to take reasonable steps to correct nuisance conditions is grounds for the suspension or revocation of an ABC license. Revocation of the use permit could help the ABC to expedite this process. Public and Health Safety When the Planning Commission approved the use permit, a finding was made that the project "will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city." The evidence compiled by the NBPD, Code Enforcement, and the ABC indicates the project is being operated in a manner that is contrary to the public heath, safety, and general welfare. Therefore, this finding was made on erroneous information and can no longer be supported. ABO Ordinance The use permit for the project was approved prior to the adoption of the Alcoholic Beverage Outlet Ordinance (ABO). However, the ABO (Chapter 20.89 of the Municipal Code) authorizes the Planning Commission to impose new regulations on an existing alcoholic beverage outlet if it is operated or maintained under objectionable conditions that constitute a public nuisance. The owner and/or operator must first be notified of the objectionable conditions and allowed a minimum of 30 days to correct these conditions. The owners and operators of the project have been notified of the objectionable conditions by both the City and the ABC and have had 7 months to correct them. Therefore, staff sees no benefit in imposing more regulations through the ABO. However, the ABO authorizes the Planning Commission to revoke a use permit for an alcoholic beverage outlet upon making one or more of the following findings: 1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation. 2. That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated. 3. The establishment for which the permit was issued is being operated in an illegal or disorderly manner. 0 Use Permit 3626 (Buu) October 5, 2000 Page/ �J 4. Noise from the establishment for which the permit was issued violates the Community Noise Control Ordinance (Chapter 10.26 of the Municipal Code). 5. The business or establishment for which the permit was issued has had or is having an adverse impact on the health, safety or welfare of the neighborhood or the general public. 6. There is a violation of or failure to maintain a valid ABC license. 7. The business or establishment fails to fully comply with all the rules, regulations and orders of the California State Department of Alcoholic Beverage Control. Each of the required findings for revocation under the ABO has been addressed in this report. Since the procedures for revocation are the same as for any other use permit, no additional action is necessary. Conclusion Staff believes that the information contained in this report constitutes reasonable grounds for revocation of the use permit. Therefore, under the provisions of Section 20.96.040 of the Newport Beach Municipal Code, the Planning Commission is requested to set a hearing date of October 19, 2000 to consider revocation of Use Pen-nit 3626. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: PATRICK J. ALFORD Senior Planner L A/ Attachments: I. First Floor Plan. 2. Second Floor Plan. 3. Floor area comparison (taken from project floor plans). 4. NBPD reports on the Buzz Restaurant. CJ Use Pemlii 3626 (Buzz) October 5, 2000 C� Cl Page ATTACHMENT #3 EXISTIN6 ors. PROPOSED NL7 PUBLIC AREA COWAPJ50N &RC" PLOOK AREA OGGUPIED SY 6At'F;S 450 50. FT. UPPER FLOOR AREA OGGUPIE) SY 6AME'5 1014 5Q. FT_ TOTAL FLOOR AREA OGGI}PIED BY GAMES r -/ Z Rag 50. FT. 1I do El� L I i ®� nuo�.uu nIUNN��� �:�i�iiiii�wi I I ♦ - &RC" PLOOK AREA OGGUPIED SY 6At'F;S 450 50. FT. UPPER FLOOR AREA OGGUPIE) SY 6AME'5 1014 5Q. FT_ TOTAL FLOOR AREA OGGI}PIED BY GAMES 052 50. FT. From Page A -0.1 of Use Permit 3626 Site Plan, Floor Plans, and Elevations. 0 Igo Use Permit 3626 Buzz - 3450 Via Oporto Floor Plan Comparison d 0 Exhibit 13 • \0 Feb -09 -98 09:11A Enti tainment Group Int. 8C 965 5446 P.02 0 0 0 OPERATIONS PLAN PROJECT DESCRIPTION The establishment is a combined upscale restaurant and entertainment facility targeting a diverse market profile. The facility not only provides quality food and beverages, but also presents a variety of Interactive and skill games. SERVICES The establishment caters to its customers by providing three main categories of products and services: food, beverages and entertainment. Segment revenues as a percentage of total revenues are projected at My percent for food service with the remainder split evenly between beverages, entertainment and group/party functions. Food The establishment will offer its full menu during all operating hours. The menu will Include appetizers, entree's, specialty items and desserts. The price range of food items will be moderate. Beverages The facility will provide a full range of beverage items including soft drinks, coffee drinks, beer and wine, and all brands of liquor and specialty drinks. Entertainment Golf and motion simulators, billiards, shuffleboard, skill games and interactive computer games will make up the game mix. We will also offer Irve entertainment and dancing. Group Functions The establishment will offer private party, group and business functions along with receptions to various group sizes. PEP 9 '99 20: °_I bpi 905 965 5446 PRGE.002 nnCCH WnNa 92:CZ 86, bZ 83J Fab -09 -98 09:11A Ent( ;ainment Group!Int. ac 965 5446 P_03 0 OPERATIONAL EXPERIENCE The establishment will be professionally managed by a team of experts with over 25 years of experience in their Field. At the head of this team are Selwyn Joffe and William Rameson. Mr. Joffe was responsible for the rapid growth and success of the Wolfgang Puck Food Company. Mr. Joffe was instrumental in creating and developing the popular upscale dining establishments known as the Wolfgang Puck CaWs. William Rameson has successfully developed and operated many entertainment - related venues throughout the United States for the past 25 years. Together with a skilled management and construction team, Mr.Joffe and Mr. Rameson bring an extensive level of skill and expertise to the company. OPERATIONAL CONSIDERATIONS General The first floor will comprise the dining and bar area as well as the Activity Area. This area will feature simulation and skill games. The second floor will contain interactive games, as well as the dance floor, the I& second floor bar (existing) and additional dining tables. Arab /ent Noise Levels will be monitored on a regular basis with digital noise meters and maintained at safe levels. These levels will be monitored and logged regularly to ensure our guests have an enjoyable experience. All windows and doors will be closed during live entertainment and the operation of any loudspeakers and paging systems shall conform to the existing approved conditions currently in place for the location. Par*IngvTraAlc The concept will appeal to various groups during the course of the day and week. Due to the diverse customer range and age of the clientele, the establishment should not have any one -peak period. The varied attractions should appeal to different age groups and therefore will encourage different times of use. Zoning ordinances related to specific parking requirements will be met at all times. The establishment intends to apply for a valet parking permit from the city and the use of professional valet porkers will make parking more efficient. The average length of stay for a customer should be longer than an average restaurant. Our goal is not the traditional "table turn" that most restaurants have. We want our customers to stay longer to encourage use of the various 16� FEB 8 '98 20:22 805 965 5446 PRGE.003 E00'390d '705511 qNIY *o *r WOLi3 Lz:EZ 86, b2. E33 Feb -09 -98 O9:11A Enta! a;nment Group int. 801 165 5446 P. O4 0 0 entertainment attractions_ The longer average length of stay should reduce the traffic flow to the area. Danclha ve EnferWnment We shall offer outdoor and indoor live entertainment and dancing that will conform to the existing approved conditions relating to sound amplification, and confinement of sound. Review of Similar Facillties The closest restaurant concept similar to ours is known as Dave & Buster's. Dave and Buster's is a chain of restaurants that also includes interactive attractions. While the concept is similar, our facility is much smaller and more upscale. We have performed a preliminary review of some of Dave and Buster's existing facilities by calling the local police department in each area. As you will note on the review, no security problems were found in any of the areas. 1 p�O FEB 8 '98 20:22 805 965 6446 PAGE -004 F37 =ASR Errt:, to i i7rir BTtt... GroUp I rat a0_, 96b 5446 SECURITY PLAN Our goal is to provide a fin atmosphere that is both safe and secure for ail of our guests at all times. We welcome the opportunity to work closely with the local Police and Fire Departments to ensure the fulfillment of this philosophy. Through working together as a team we can effectively create a wholesome and pleasant environment for everyone. I. SECURED PERIMETER The perimeter of the building will be secured from all sides in order to ensure only one location where guests will enter and exit. All other existing entry points will act as emergency exits only. II. ENTRANCE There will be one entrance into the building that will also serve as the exit. This will act as the main security control point. Security personnel serve as doormen responsible for the enforcement of the establishment's rules. The entrance is the most effective security control point and by having only one entry point, we are able to effectively maintain a secure environment III. HOURS OF OPERATION The facility will operate within the existing allowed operating hours. The doors to the establishment will be locked at the exact posted closing time. IV. AGE RESTRICTION POLICY (Confirm ABC Policies) With the average age of our clientele approximately 33 years old, we will be a primarily adult establishment with strict age policies that are designed to increase enjoyment for all of our guests. We will display these policies at the main entrance for all patrons to road, understand and adhere to_ Our policies are as follows: -No one under 21 years of age will be permitted in the building unless they are accompanied by a parent, guardian or adult over 25 years old. -A maximum ratio of 3 children to I adult will be strictly enforced at all times. -All minors will be required to stay with adults at all times_ No unattended minors will be allowed. -All minors will be required to leave the premises before 10:00 pm, unless seated in the dining area. These policies will serve to ensure a strict control is kept over minors in this establishment. 0 `t1 •'�� ��� • -�ncc�a nu r v .1 . 1 MnN a Q7 0 r;l Pr b7 Aa r Feb- 09 -98 07:49A Ente. ainment Group Int. 80v 365 5446 SUMLAR FACILITY REVIEW r� �J 0 DAVE & BUSTER'S has restaurants in some of the country's most sophisticated cities including Dallas, Houston, Philadelphia, Chicago, Atlanta, Bethesda and in Ontario Mills, California. Below are some of the comments received from their respective police departments. Contacted on February 4, 1998. Dallas/Houston -No security or gang activity to speak of. No problems. Philadelphia- a District, Captain's Office. No problems that he has ever heard of. In a good area of town. Atlanta- Officer Sullivan in Community Relations states that he has never heard of anything about Dave & Buster's one way or the other. No. Bethesda- No problems. It is a good restaurant, no "riff -raff would be around there. Ontario - The crime analysis Dept. says that there are no problems_ It is in the Ontario Mills shopping center, which is a showplace for the city. FEB a '98 19:01 g0n*PnHA ,ox 305 965 544E PRGE.006 E Exhibit 14 0 t -A Mar -24 -98 06 :06P Ente,- 1 %ainment Group Znt- 80F -1965 5446 P -02 0 March 24, 1998 VIA FAX: 714/644 -3250 Mr. Marc Myers Associate Planner City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 -8915 Dear Mr. Myers: The following information is provided in response to the questions in your letter dated March 17, 1998: Please refer to the architect's comments, which will be submitted separately. 2. Please refer to the architect's comments, which will be submitted separately. 3. Please refer to the architect's comments, which will be submitted separately 4. Indoor and outdoor live entertainment shall conform to the existing approved conditions for the facility. The outdoor live entertainment will take place between I Oam to l Opm, there will be no brass instruments or sound amplification of live entertainment in the outdoor dining areas. The number of musicians in the outdoor dining area will vary, but is expected to average between 1 -3. The indoor live entertainment will take place on the second floor, near the dance floor. The number of musicians will vary, but is expected to average between 1-4. The type of instruments will vary, depending upon the individual musicians. The indoor entertainment will be amplified with speakers and amplifiers, but all windows and doors within the structure shall be closed when this activity is conducted. The indoor live entertainment and dancing shall conform to the existing approved conditions. 5. No speakers will be used for paging systems or live music in the outdoor dining areas. Speakers will be used for background music in the outdoor dining areas - please refer to the architects comments regarding speaker specifications and plan. We are aware of the sensitivity to sound levels in the area, and do not plan to produce any significant noise from the facility. 6. The hours of operation of the facility shall conform to the approved existing hours of operation. 7. There are currently 175 parking spaces allotted for the facility. However, we intend to apply to the City for a valet parking permit. 8. We are projecting that we will have between 125 — 150 employees total working for the establishment. The daily total should be between 35 -100. The afternoon shift will consist of between 15 -40 people and the evening shift will consist of between 20 -60 people. 0 Corporate CNr &e: 104 West Anopomu Sheet, Suite G • Sonto Borboro, CA 93101 • ph: 805.965.8577 • fx: 805.965.5446 los Angeles Office. 8619 11Jest Sunset Boulevord • los Angeles. CA 90069 • oh: 310.855.9577 • Fx: 310 855.9131 i Mar -24 -98 O6:O7P Ente.— ainment Group Int. 8Od'965 5446 Mr. Marc Myers March 24, 1998 Page 2 9. Please refer to the architect's comments, which will be submitted separately. 10. Please refer to the architect's comments, which will be submitted separately. 11. We believe that this project will be a good addition to the community of Newport Beach and that it should be approved. The proposed project will turn the Warehouse restaurant and nightclub into a high -end restaurant establishment attracting an upper end clientele. The following outlines the reasons for approving the use: A) There are no negative impacts projected from any of the proposed changes. B) The proposed use substantially conforms to the existing approved conditions for the facility. Q The renovation of the run -down facility will improve it's image in the community, as well as bringing more patrons to the area that will frequent the other shops at Lido Isle as well. Please let me know if you need any additional information. Sincerel , Erik Rameson P. 03 11.1 0 E E Mar 24, 1998 4218 GLENCOE AVENUE Mr. Marc Myers s T U 0 1 0 T w o Planning Department M A R I N A O E L R E V City Of Newport Beach CALIFORNIA 90292 P.O.Box 1768, TEL +PAGER 310.822.3822 Newport Beach, CA. 92658 FAX +MOOEM 310.306.6661 Dear Marc: We have made revisions to our drawings in response to your request for further information for the permit submittal for JP's of Newport Beach. I have compiled a package of information including: 2 sets of revised plans, a written list of the major plan changes, and sketches and charts responding to the individual questions from your letter of March 17". From our phone conversation of earlier today I had just 2 sets of updated plans printed. Please let me know if you have any questions or need any more information in order to continue the application process. ■ Changes on Revised Floor Plans A -1.0 Pond, Bridge and extended Canopy structure eliminated. Existing pump house and entry retained. A -2.1 Existing Mens and Womens Restrooms retained. Three circular booths eliminated. Redemption Game area eliminated from Ground Floor and replaced with Pool Table area. Exterior Wet Bar Service Area eliminated. A -2.2 DJ Booth build -out into double height space eliminated. Redemption Game Area relocated to Upper Floor. Existing 400 sq.ft. Dance Floor and Stage removed. Dance Floor now located as shown. ELs-p-onse to Review Questions (Numbers correspond to original question numbers) 1.& 2. Please see accompanying key plans showing Existing vs. Proposed Floor areas. Also see corresponding charts denoting gross floor areas and net public areas. 0 3. Refer to chart on page 8 for total area occupied by games. 10- 5. We will be using exterior speakers for background music on the patio and along the waterfront deck. Please see the accompanying sketch on page 10 for proposed speaker locations. We will be mounting the speakers at 10' -0" above the finished floor height. Page 11 and 12 show the Bose speaker technical specifications. 9. Please refer to chart on page 9 showing existing and proposed seating capabilities.. .. 10. Sheet A -1.0 has been revised to show further site information and adjacencies. We have also included handicap accessible path of travel for the site. The above list represents the answers to your questions pertaining to the architectural elements and information within the project. The remaining information requested has been completed by the owners and is enclosed here in the following sheets. Please don't hesitate to call me if you have any questions at (310) 822 -3822. Best Regards, Lisa T. Davis SFJones- Architects Stephen Jones, AIA Page �J 0 IN • Ww nruorur +rn �= nmoruY :u� urn0000n urr0000n ururoorori p ' nrmrouuri nrn000un p �rrYrrrrrrrrrl� Irrrllrrrrrrrrrl wonr0000i ArOOrYrrrr rroarrrr��- �ouorrr �ooruo uouuuruuuuouorr oouoorrruuoururr rrurvuuuuurrrorrr EXISTING UPPER FLOOR NET PUBLIC, AREAS 1/16" = 1' -0" ?. 5! 1p 0 0 0 z O O Q W Q O O J LL U1 U1 LL O w O O r Q LLI � w LLI w r Q Q Q Q N � O O O Q LL w N L O z D z QQ �z z � W o LLI W W < Q Q < w D ° O W O O O N W> w W O O p W W Z �< W O � Q o � o o p Q W Q QQ W �o �Q LL Z p� U pQ� �� ;o � � O o O 100 O D �� W �� � O� W zUP LLI Of J �- U- U- QI ~ LL r Q LLI � w LLI Q � Q Q N � O O O Q LL O N L O z D z �z �z z W w W W nn� D �l7 Z t IQ le l! EXISTING vs. PROPOSED NET PUBLIC AREA COMPARISON LEGEND GROUND FLOOR AREA DE56RIPTION: EXISTING PROP05ED 50. FT. 50. FT. ® GROUND FLOOR INT. DINING 8 BAR AREA 2773 3690 ® GROUND FLOOR BANQUET AREA 1322 - ® OUTDOOR DINING AREA 2237 2162 GROUND FLOOR NET PUBLIC SPACE: 6332 5852 UPPER FLOOR AREA DESCRIPTION: EXI5TING PROPOSED 50. FT. 50. FT. UPPER FLOOR BAR d ENTERTAINMENT AREA 33'11 2925 11- 111'11 X11111111111111 SMALL MEETING ROOM 516 - DANCE FLOOR 400 459 MISC. _ _ UPPER FLOOR NET PUBLIC SPACE: 428'1 3384 PROJECT TOTAL NET PUBLIC AREA: 10619 9236 GROUND FLOOR AREA OCCUPIED BY GAMES 950 5Q. FT. UPPER FLOOR AREA OCCUPIED BY GAMES 1501 5Q. FT TOTAL FLOOR AREA OCCUPIED BY GAMES 245-7 Sa. FT 6949 -r f6o/Y SHArEf' A -0.1) T. yr. 0 E 9 L EXI5TING $ PROP05ED 5EATING GAPABILITIE5 SEATING EXISTING PROPOSED CAPABILITIES # SEATS # SEATS 1ST FLOOR AREA DESCRIPTION MAIN DINING /BAR 105 10l BANQUET DINING 18 - GAMES AREA 54 PATIO DINING 124 158 TOTAL SEATING 50-7 2cici CAPABILITY 2ND FLOOR AREA DESCRIPTION BAR/DANCE AREA 1-7q 128 GAMES AREA - ail TOTAL SEATING MCI 225 CAPABILITY TOTALS 524 524 (cNnE' FuorX SNR-5r A 0•l) �a� 2" 10' PAW "• . s t?5T. &U a.A T 3•Ltl'• �$. W kTvg.,f 2-op . 45' -5" (E) MOD T�LLIS REMAIN d B PAIN WHITE. 0NTt REMOVE ALL (E) WN C, (SHO HATCHED, AND REPLACE W/ "CO PANELS OVER (E) COI- ALL OTHER ROOFING I REMAIN, U.N.O. TO 0 Yp3 NOTE: (E) NOT SHOW FOR LOC. d . CANVAS SUN SHF TRELLIS MEMBER' :ERs SPACED co tNfp(!lifMjtt fMONf V.Cr1,tl� s � fCtE SPAGC ItODEL Z S SrUkER. �- rvqcAc. "bv"jjrx, NEWPORT BAY P. 3 -14 -1998 1 :02PM FROM —413 TECH 8053769802 P.1 / I/ Frequency Range 80Hz to 16kHz (with active equalization) Model 25 Versions ctive Equalization 70V, 25 Watt • 100V, 25 Watt • U2. 25 Watt, no transformer Passive Equalization • 4f2, 25 Watt, no transformer Sensitivity' Active Equalization 91d8 -SPL 1W, 1m (speech) 86dB -SPL, 1W, 1m (music) Passive Equalization 86.9dB -SPL, 1W, 1m Maximum Acoustic Output 104dB -SPL average (speech) 99d6 -SPL average (music) Beamwidth (-6d6 point} 132'conical(average,1-4kHz) Long -Tenn Power Handlings 25W continuous Dimensions 9.12' (W) x 6' (D) x 5.6' (H) (2$ cm (W) x 15 cm (D) x 14 cm (H)) enclosure Weight 5 lb (2.3 kg) Mounting Hardware "Quick Install" "U" bracket and hardware are included with each loudspeaker 'full bandwidth pink noise is applied to the FresSpace system controller and amplified to a lovel at the loudspeaker ter m:n3is corresponding to 1 Watt as referenced to the nominal impedance. The average Sound pressure level (d5- ,5PU is measured at 1 meter from the Speaker in an anechoic environment. 'Full bandwidth pink noise is applied to the FreeSpaee system controller and amplified to a level at the loudspeaker terminals corresponding to the tang -term rated Power handling of the speaker. The average sound pressure level (dB -SPU is measurW at 1 meter from the speaker in an anechoic environment. 'Full bandwidth noise, meeting the International Electrotechnical Commission Standard x268-5 is applied to the FreeSPace system controller and amplified to a level at the loudspeaker terminals nrree�nnrl:nn In fh- nr•mnr -11- i­d.,,.­ T6n I­ nnnee 4nr A11V/ FreeSpacell Model 25 Loudspeaker General Description i I i The Bose' FreeSpace' Model 25 loudspeaker is a 25 Watt loudspeaker designed for surface -mount installations in commercial spaces where flush -mount ceiling installation is not feasible. It offers the following features: • A 4 -5' Bose HVC (Helical Voice Coil) driver with active equalization, providing reliable high quality sound in a compact enclosure • A multi -tap line transformer that provides easy to change tap settings for 2W, 4W, 8W, 16W, and 25W (available on 70V and 100V versions) • Mounting hardware that permits I ast and easy installation • Simple design available in black or white will blend with any decor and can be painted to match any interior Installation All hardware and installation instructions are included with the loudspeakers - The loudspeakers may be mounted horizontally or vertically using the "U" mounting ixackets, which attach to the internal threaded inserts. The loudspeaker slips easily into the mounting bracket and can be tilted. FrcoCr+aro• r 3 -14 -1998 1 :02PM FROM -413 TECH SOS3769802 Horizontal and vertical mounting positions Either the 70 Volt,100 Volt, or 8Q versions can be part of a distributed sound system when used in conjunction with the FreeSpace' BMA -125 business music amplIfier or when used with the FreeSpace system controller and a comparable amplifier. The 40 version is passively equalized and therefore does not require the FreeSpace system controller, This version also includes a 1/4" (6 mm) phone Jack. All versions meet all regulatory standards for surface - mount loudspeakers and are U.L. listed as vandal resistant. The Model 25 loudspeaker is. electrically and acous :ically compatible with Model 32 loudspeakers. This permits :he use of a mix of FreeSpace Model 25 and Model 32 loudspeakers using the FreeSpace system controller where desirable. The mix of the Model 25 and Model 32 loudspeakers can be connected to the Model 32 equalized amplifier output of the FreeSpace system controller. The Model 25 is packaged two units per carton to allow for greater system configuration flexibility. a06a CU,Fa,mtiwt P,of�,;aiwttl Prxvct5 0,, y . Tne ti.m :n. Fremingn8m. MA 01 7 01 -8168 1 TEL 15 61 979-7330 F: (5081911 4Vl 6o'.9 proovoY Are diatriNted woft mde. Product Nutoxe: and :pecificatiorc :upjoct to caanga wrnoui n96c4. ao: to a ragletwe tradamad of 6oee CarOOntion, P. 2 The loudspeaker is a 25 Watt ported loudspeaker system utilizing one 4.5" full -range driver mounted on the frontal - facet baffle assembly. The driver Shall have a rated impedance of 212 (except the 412 and 812 versions) and be Wired in parallel with a line voltage- matching (stepdown) transformer with level selector appropriate for various output taps. The 40 and 8f2 versions are in- tended for direct connection to unequal - ized low impedance amplifier sources. The loudspeaker shall have a twin - ported vent system, with a maximum acoustic output of 104dB•SPL from 60kHz 10 16kHz, with measurements referenced to a full - bandwidth pink noise input at 1 meter at the loud- speaker's rated power. The input connection shall consist of a barrier strip "screw" type terminal. Its power han- dling capability shall be 2, 4. 8, 16, or 25 Watts continuous power when refer- enced to EC noise for 100 hours. The nominal coverage shall be 137 conical. The loudspeaker shall be the Bose' FreeSpace Model 25 loudspeaker. All versions of the Bose FreeSpace Model 25 loudspeaker are covered by a 5 -year, transferable limited warranty. 0 E 9 a3 DOSE �r� 0 Exhibit 15 11 )aA Exhibit 16 ��(o Exhibit 17 0 0 Use Permit 3626 Buzz - 3450 Via Oporto Floor Plan Comparison F.Xl5TENb vs. PROPOSW NET PUBLIC AREA COWAM50N &ROIIRID 114OR AREA OGGUPIED BY 6AI 950 90. FT. UPPER FLOOR AREA OCCUPIED SY 6A141M 1014 50. FT- TOTAL FLOOR AREA OGGUPIED BY &AME5 IjI 50. FT. IN lffw�jZZ* lie, -- � .,� ® ♦-♦'fir nu�uuwu uuuyuu ii��iiiiw� . ♦ r - r. &ROIIRID 114OR AREA OGGUPIED BY 6AI 950 90. FT. UPPER FLOOR AREA OCCUPIED SY 6A141M 1014 50. FT- TOTAL FLOOR AREA OGGUPIED BY &AME5 IjI 50. FT. From Page A -0.1 of Use Permit 3626 Site Plan, Floor Plans, and Elevations. �a� Exhibit 18 01, 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT H. BURNHAM, CITY ATTORNEY, #44926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, CONTRACT ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92659 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH In Re: Public Hearing on Revocation of Use Permit No. 3626 DECLARATION OF JAMES SINASEK DATE: November 9. 2000 I, JAMES SINASEK, DECLARE as follows: 1. I have personal knowledge of all of the statements contained in this Declaration, except as to those matters alleged to_be true on information and belief. If sworn as a witness, I could competently testify to the contents of this Declaration insofar as those facts, acts, events, and occurrences of which I have personal knowledge. 2. 1 am currently employed as a Code Enforcement Supervisor within the Planning Department of the City of Newport Beach. I have been an employee of the City of Newport Beach for approximately 30 1/2 years, all in the area of Code Enforcement for the City. I am familiar with the operations of the Buzz, which is authorized to operate at 3450 Via Oporto pursuant to Use Permit No. 3626. 1 am familiar with the authorization of operation, and conditions for operation under Use Permit No. 3626. 3. On February 5, 2000 1 visited the Buzz pursuant to a complaint about noise emanating from live entertainment within the building. The exterior noise emanating from the facility was exceeding 60db after 10:00 p.m. 7. Attached hereto as Exhibit A is an Administrative Citation dated February 5, - 1 - �j� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2000 for violation of the exterior noise standard as condition number 24 of Use Permit No. 3626. I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed this 26th day of OctoberP000, at Newport Beach, California. M1 f:\ users\ cat\ shared\pteading\buu\decisinasek .doc Sinasek -2- u �3� F U F' 14r H a Gr 0 z Iw C G v Z 0 .m 0 Z � m � T � D V r C O°dL. C. 0 Wp.,ozmVa_ . O�b�gm vv e L `D V Q o F V o a o'er. mE Pi o ; r q F < q q <" a maoaa Z Z a o�_aa �ZO��oI U < O ZO Z z�ozz. E� Imo z z V o 0 C �myN Vf H V y�j�KH z ozz F z� <UQ V F °VZZ �1 N Pi (S K u u 0 K � y rp o� =o om ms„ mo �m ZO U� O °C O < O 3 F V C li \ c c J e o fi o C � e L o F V o a o'er. mE Pi o ; r q F < q q <" a maoaa Z Z a o�_aa �ZO��oI U < O ZO Z z�ozz. E� Imo z z V o 0 C �myN Vf H V y�j�KH z ozz F z� <UQ V F °VZZ �1 N Pi (S K u u 0 K � y rp o� =o om ms„ mo �m ZO U� O °C O < O 3 F V 6 A�CS 139 El IL EL Ef ELI 6 6 pp B E '� ` ` v 9gg v L C — L% L •E m w '- g ' 3 0 8 y= 6= C = m 3 8 8 "a „s— °�$�yy� O. c R 8 g e• E `D E .E H E E •sE�= 03_0 �� ��_ is .5 rd D g em i3 T' S E g b a pp n 9 '5 s xr E 31,E g 5 g o E � r AMT N x$ 8 s- a m Z9 Y 71 G � 0 a i . 3 °s c� ct o � 5 0 m =. �q P o30 e 6V 3 s .g 5 `o aIL <s � � a �A J J � aV �G Sz m D V 3 N Z 6 A�CS 139 El IL EL Ef ELI 6 6 pp B E '� ` ` v 9gg v L C — L% L •E m w '- g ' 3 0 8 y= 6= C = m 3 8 8 "a „s— °�$�yy� O. c R 8 g e• E `D E .E H E E •sE�= 03_0 �� ��_ is .5 rd D g em i3 T' S E g b a pp n 9 '5 s xr E 31,E g 5 g o E � r AMT N x$ 8 s- a m Z9 Y 71 G � 0 a i . 3 °s c� ct o � 5 0 m =. �q P o30 e 6V 3 s .g 5 `o aIL <s � � a �A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT H. BURNHAM, CITY ATTORNEY, #44926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, CONTRACT ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300. NEWPORT BOULEVARD NEWPORT BEACH, CA 92659 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH In Re: Public Hearing on Revocation of DECLARATION OF CHARLES A. Use Permit No. 3626 1 SPENCE DATE: November 9, 2000 I, CHARLES A. SPENCE, DECLARE as follows: 1. 1 have personal knowledge of all of the statements contained in th Declaration, except as to those matters alleged to- be true on information and belief. If swom as a witness, I could competently testify to the contents of this Declaration insofar as those facts, acts, events, and occurrences of which I have personal knowledge. 2. 1 am currently employed as a Code Enforcement Officer within the Planning Department of the City of Newport Beach. I have been an employee of the City of Newport Beach for approximately 3 years, all in my current assignment. I am familiar with the operations of the Buzz, which is authorized to ebperate at 3450 Via Oporto pursuant to Use Permit No. 3626. 1 am familiar with the authorization of operation, and conditions for operation under Use Permit No. 3626. 3. Approximately May of 1999 1 visited the Buzz on my own personal time shortly after it had opened for business. At that time I observed on the first floor that the Buzz had installed interactive and skilled games and simulators. 4. On January 28, 2000 when I returned to the Buzz I observed that all of ME E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 interactive and skilled games and simulators had been removed and all that remained were two pool tables on the first floor and two pool tables on the second floor. The attached floor plan is a true and correct copy of the floor plan that I prepared on or about January 28, 2000 to reflect in yellow those areas where interactive and skilled games and simulators had been removed. 5. Attached as Exhibit A is a true and correct copy of the floor plan I prepared following my January 28, 2000 visit to the Buzz showing the removal of the games and simulators. 6. On February 26, 2000 1 again visited the Buzz pursuant to a complaint about noise emanating from live entertainment within the building. The exterior noise emanating from the facility was at 66 — 68dp. 7. Attached hereto as Exhibit B is an Administrative Citation dated February 26, 2000 for violation of the exterior noise standard as condition number 24 of Use Permit No. 3626. 8. On January 28 and February 26, 2000 1 observed that the area where the interactive and skilled games and simulators where previously located had been replaced with small cocktail type bar tables or the area was left open, and in some areas I observed couches. At no time during those visits to the Buzz did I observe any food being served. I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed this 26th day of Octob r 00, at Nel ort Beach, California. i arles A. Speri MI r:\ users\ cat\ shared tpleadinglbuzz\deccspence.doc -2- �JW xll e o 0 0 0 . "oao� HY39 vm oN s/ c ao I S,'d'P J R d _ H H � V L Zt;e. c�f� J r F >U :z A d .o U 0 z u a z 0 O Q E 2 F s N N a f>il 0 U O m r <r� C� U � Z Z �5 ° ° Z 0 m9_ Z s Ea �=x -m u 8 e o. 0 0 n 3 Q � o e 2 6 i 9 O Z < -' i _ � S rl IT 1q E 3 aa C 3 E c E p 65 `�" 8•E ; -7E' g�1r c S g 8 pg 5 S S< S 5 s5 � c L b °r 9 Z ^8' •8 4 e c O � Z o� �o o; aU> as a mfoaa aa m 3 � <zz33 z °°=rozzzz 4 -<W,4 14 _u - zzPio 0 W W a f 9 K Z � W o O O � o CA F F z <U U9 fFA ~OZZ LL �I N Pi 0 0 y ..c i0. O Qo �> o�a mo 0 <O z U � O °C 0 <WoW y� o� 50 O � Z a � N VON �� mu. -3 e°e� m � °3 •5 5� ° 5 -- e . 5 S a rs S b •� d E �� e5 � @@° 5 -po 79 5r gm g i u ZL 5 T6�`° yb 9D C.S g $ 5 _ $ w g -19 •� 5 � G [�. 0 5 E -9 E oS Z• 5 E 6 �$ 8 .5 ` o� 8" o E F34ip ,c •` �2 B .5 6 � 5 0 � : � fey > � � L'S T 9. � E� FS k. '� b 6ny 1�I T ° 5 fi y $ s _ 9.3 d i V o�c ?-W ec TV TTT TI TT NJ IQ V V � e 4 km N 2 21913 ° o� E a � N VON �� mu. -3 e°e� m � °3 •5 5� ° 5 -- e . 5 S a rs S b •� d E �� e5 � @@° 5 -po 79 5r gm g i u ZL 5 T6�`° yb 9D C.S g $ 5 _ $ w g -19 •� 5 � G [�. 0 5 E -9 E oS Z• 5 E 6 �$ 8 .5 ` o� 8" o E F34ip ,c •` �2 B .5 6 � 5 0 � : � fey > � � L'S T 9. � E� FS k. '� b 6ny 1�I T ° 5 fi y $ s _ 9.3 d i V o�c ?-W ec TV TTT TI TT n u Exhibit 19 9 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT H. BURNHAM, CITY ATTORNEY, #44926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, CONTRACT ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92659 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH In Re: Public Hearing on Revocation of Use Permit No. 3626 DECLARATION OF VLADIMIR ANDERSON DATE: November 9, 2000 I, VLADIMIR ANDERSON, DECLARE as follows: 1. I have personal knowledge of all of the statements contained in this Declaration, except as to those matters alleged to be true on information and belief. If swom as a witness, I could competently testify to the contents of this Declaration insofar as those facts, acts, events, and occurrences of which I have personal knowledge. 2. As to those matters alleged to be true on information and belief, I believe the matters to be true and have received information from Newport Beach Police Officers, or in some cases, civilians which support my belief. 3. 1 am currently employed as a Police Officer with the Police Department of the City of Newport Beach. I have been an employee of the Newport Beach Police Department for 3.7 years and have spent approximately 1 year in my current assignment, which is bike patrol with specific detail at Buzz's on Thursday, Friday and Saturday nights. I have received training in the recognition of symptoms of alcohol intoxication or alcohol use, training in the recognition of violations of State and local law and training in the investigation of violations of State and local law. I am familiar with the Buzz which is 1 DECLARATION OF VLADIMIR ANDERSON `4� i 1 located at 3450 Via Oporto and is authorized to operate pursuant to Use Permit 3626. 2 4. During the last 14 months I have been working a shift that begins at 16301 3 and ends at 0230 and I am regularly assigned to work Wednesday, Thursday, Friday and 4 Saturday nights because those are the busiest nights of the week. The Buzz opened in 5 April of 1999 and since the club opened a large percentage of my time on patrol has been 6 spent in the vicinity of the Buzz. I am generally on patrol in the area adjacent to the Buzz 7 between 2200 and 0230. Since the Buzz opened for business I have observed a dramatic 8 increase in the amount of criminal activity in the Lido Village area. 9 5. While on patrol I have walked through the Buzz approximately 20 times. 10 The majority of my walk throughs of the business have occurred between 2130 and 0130. 11 6. 1 have never seen people eating, dining or food being served. On 12 approximately every Thursday, Friday and Saturday night for the past 14 months I have 13 observed that Buzz was operating exclusively as a nightclub/bar. Over 90% of the patrons 14 inside the Buzz were consuming alcoholic beverages (other than incidental to dining) in 15 areas other than the bar areas as designated on the approved plans and specifications, 16 and the license bars, service bars, or beer tables permitted by the A.B.C. 17 7. On approximately Thursday, Friday and Saturday nights I have 18 observed/heard that noise generated by live entertainment or pre- recorded music could be 19 heard a significant distance from the exterior of the Buzz and as far away as the 20 residential area west of Newport Boulevard. 21 8. On numerous occasions, I have observed that there was insufficient 22 personnel inside the Buzz to control the conduci of all patrons inside the premises, as 23 evidenced by fights, altercations, overcrowding, blocked stairways and aisles. 24 9. On numerous occasions, I have observed that permittee failed to control the 25 conduct of patrons entering and exiting the Buzz. Lack of control was evidenced by the 26 many altercations and disturbances in the parking lot upon closing, and repeated 27 disorderly conduct by Buzz patrons in front of the Buzz on Via Oporto and in the parking 28 structure adjacent to the Buzz in the late evening and early morning hours. f 2 DECLARATION OF VLADIMIR ANDERSON 1 �2 E L� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 1 have personal knowledge of numerous violations of State and local laws committed by permittee's patrons which, in my opinion, were attributable to the business practices of permittee or the failure of the permittee to control its patrons in that: A. I have issued many alcohol related citations to individuals who have advised me they were drinking inside the Buzz or who have just left the Buzz. I have observed many Buzz patrons urinating in public in areas immediately adjacent to the business. These individuals have become intoxicated or nearly intoxicated due to excessive alcohol consumption in the Buzz. I have also observed numerous intoxicated Buzz patrons in the parking structure near closing time and have issued citations to these individuals. I have observed Buzz patrons leave the bar to go to their car's to consume illegal drugs and have made numerous drug related arrests of Buzz patrons in the parking garage. These people have also apparently been served excessive quantities of alcohol while in the Buzz. B. I have responded to approximately 20 complaints of Buzz patrons fighting inside and outside of the club. On numerous occasions, Buzz bouncers have ejected drunk and disorderly patrons and individuals involved in mutual conflict inside the club. Once these patrons are ejected Police Department personnel are typically required to arrest, detain or cite the individuals and frequently we are required to prevent a recurrence of fighting. Individuals engaged in mutual combat each are violating Section 240 and 242 of the Penal Code, ; I 1 C. I have discussed my observations and concerns with Rich Calhoun, 2 and the current manager Dwayne Bora, the Buzz manager, during many oA 3 my walk throughs of the Buzz. Calhoun has been cooperative in a sense, 4 typically corrects the violations at the time requested, but the violations 5 reoccur week after week indicating business practices that do lead to fights, 6 drunkenness, disorderly conduct and disturbances. The Buzz appears to be 7 generating substantial revenue through the sale of alcohol without regard to 8 the continued sale of alcohol to obviously intoxicated patrons or nearly 9 intoxicated patrons. For example on Saturday night October 14, 2000 1 10 observed Buzz bouncers physically carry out of the Buzz 3 females who 11 were either passed out or too . intoxicated to walk. 12 D. I am also familiar with; and have conducted numerous walk throughs 13 of, the other restaurants in the area. Other restaurants serve food as the 14 primary purpose of the business generates far fewer problems than the 15 Buzz. Those restaurants that serve alcohol within a bar area of thel 16 restaurant control the conduct of -patrons, keeps certain areas from 17 becoming overcrowded, and generally intervenes to prevent physical 18 altercations rather than trying to intervene after fights break out. I have 19 observed far fewer intoxicated or nearly intoxicated patrons in other 20 restaurants with bars than intoxicated or nearly intoxicated Buzz patrons. A 21 restaurant that operates a ,controlled business is very cooperative and 22 implements long -term solutions to p&lems we ask management to correct. 23 In my opinion, there would be far fewer violations of State and local law by 24 Buzz patrons if the Buzz management operated the restaurant in 25 compliance with the approved floor plan. 26 11. In the past 14 months I have prepared, or participated in the preparation of, 27 numerous reports of violations of State and local laws by Buzz patrons that are attributable 28 to Buzz business practices or the failure of Buzz management to control patrons. Copies DECLARATION OF VLADIMIR ANDERSON l 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of some, but not all of the reports that I have taken, or participated in taking, are attached to this declaration as Exhibits A through Z and 1 - 2. Several of the attached reports are for service of alcohol to minors who have been allowed in the club with false identification. The report attached as Exhibit E involves an obviously intoxicated patron who consumed too much alcohol in the Buzz and knocked another patron to the ground then kicked him in the head. These reports are very typical of incidents which routinely occur which involve Buzz patrons and Buzz employees. 12. Based upon my observations the Buzz is being operated exclusively as a nightclub rather than a restaurant. A. I have observed the following nightclub operations at the Buzz: (i) Charging a cover fee at the front door. (ii) No food service and tables are not set for dining. (iii) Consumption of alcoholic beverages are allowed at all locations inside, including the dance floor. (iv) Portable bars set up on each floor to serve beer only and beer tubs are located through out the premises. (v) Disc jockeys located on. each floor. (vi) Separate dance floor area with black light/strobe features. (vii) Dancing allowed anywhere. (viii) The attached floor plan accurately depicts the physical lay out and uses of the Buzz as I have observed them. Specifically, since January 2000 1 have not observed interactive games and simulators anywhere on the premises. B. Based upon my observations there is inadequate security within the premises, security typically fails to call the Police Department to respond to criminal violations occurring within the establishment until the problem gets out of hand or there are serious injuries. There will continue to be excessive criminal activity at that location so long as 5 DECLARATION OF VLADIMIR ANDERSON 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Buzz is operated as a nightclub rather than a restaurant as required by Use Permit No. 3626. 4 1 declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed this oZG day Zmz=a , l ifornia. Vladimir nderson M1 f:\ users\cat\ shared\pleading\buu\decofficerva .doc r% 6 DECLARATION OF VLADIMIR ANDERSON I`(� NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT 2RD Location of Arrest 0 VIA OF O12T9 g . ►S OateTme Arrested q V.00 0140 OR Number Ob - 10789 g Reports by Type and R Numher er Videotape of Arrest [:]Yes 4%No Videotape # rl IA- Arrestee's Name -#1 Last First Middle IVArPWi DANICI- APPIAd OC# , q 5(' Charge (Section, Code & Definition) 415 .:1... p FtGHnNC iJ ruBc.rc- . 1 Arrestee's Name 42 Last First Middle a V tJ ?DL OC# 9 *955 55 ChgS on, Code finition) 5. I P.C. -rlGhTlNtb IJ PLJSL.JC_ Arrestee's Name -93 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 TAVA G L.roPk< 0- . 1150 Age — Res. Phone Bus. Phone 3e V Address Y70 ShAj -r4 BJILdAl 4 City State dA Zip Witness #2 pow-- f/elv�zY 2 x //57 Age '" Res. Phone Bus. Phone 6441 36,5r2 ddress City 870 $7t'si rl 13446/tZA N6 State Zip Witness #3 HA,e2 /g -T �Y3Z Age -� Res. Phone Bus. Phone la'f�f 3730 Address S7o SAIVr 6- tfz64f -#t City N3 State 04. I Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe circumstances Leading to Arrest; Inautie Eiements of Offenses; Note Nature of Evidence and Location Deposited: N RRRA-nV£ ' !' _ hN 9 2y_pOt_9i%CS�I£NQY TAVIFGLroN 8 / riles !!7-4 . w T O /#0 y ¢5 •f y� DTi) /!O STAGfO B 0rSID£ _7/ BUZZ ('4ANC� CLU� ��0 VIA O,0i7YL7b, AA PIZ£S.EI"7 WAS SGT ?. ffAR2 /S. A �R0lc1p_O� OVg/L O Sri- T/Za�/� FHfO CotJG2�6,�1TGb prJ ?S /D£ T � $'rJSr*r£SS SIT GLOSiN6, yj_;E P@�C51NT IN 0azinC?- -M E�%SU2£ A0 . -- OR? Dw—YZL4 J lnvoly gYes p No Location: —rse P uLZ Supervi r App ing 10 No. Arresting Officer ID No. V. ANUEQ5a7�/ /�� Vacation Period DaterFime0bProducea Clerk 9'29•oo D4,5o 1171 s. ,o_ . 'd OCT-23 -00 O4:34PM FROM -NBPD COP ++949- 644 -3700 1v 'svn. AGn�a a ..tea c u. • .....•..... Continuation Sheet T -399 P -02102 F =193 nrr_�z_�ggq 1F;:s4 +949 644 3700 P.02 t., 6 Al r r I 1 r % i L r► � Ad: � 1"e-joOpLi r ._� i• I _ I • r i r .• �,' .ter. '• •— 7 (� Supe IV 10 No. Reporting Otticer(s) ID No. I = nrr_�z_�ggq 1F;:s4 +949 644 3700 P.02 NEWPORT BEACH POLICE DEPARTM -NT ARREST REPORT Location of Arrest R RD D Date/Time Arrested N Number cling Reports by Type and DR Number V ;OtDR eotape I Arrestee's Name -#1 Last First 101TONLY IMBRIANI Ra6�R-r L6 tj DEEMEDNCITARRE.5P. 59.5 P Charge (Section, Code & Definition) C PC Ii t{7 fziJ0 8: D D zoR)�r'2t. n DUC, -( Pu(dl_I@. i N7cr,,7 • Arrestee's Name -#Y Last F First Middle O OC# Charge (Section, Code & Definition) Arrestee's Name -#3 Last F First Middle O OC# Charge (Section, Code & Definition) Witness #1 A Age R Res. Phone B Bus. Phone Address C City S State I I Zip Witness #2 A Age R Res.Phone B Bus.Phone 1dress C City S State Z Zip Witness #3 A Age R Res.Phone B Bus. Phone Address C City S State I Z Zip Arrested By (Private Person) A Age R Res. Phone B Bus. Phone Address C City S State I Zip �esaibe Circumstances Leading to Arrest Include Elements of Offenses: Note Nature of Evidence and Location Deposited: oN Of) I wAS r2rfAt!�D 7b ijN1f012N 8fc C-L;;C TEL —AT __j(� &i C n I 15L-I p-S I W A IQ -r--NtE e-O– A Ois s u aL _ a 1. v�� 37,l-S0 V/ A n Pn 2 2 ro 1 83S:D :�EvA M A ) <!Lj Ila�G?,5 r INL= > t2D9 T-! _� -- Involved? -p Yes p No Location: - -rAj�- a U Supervi p ving ID No. A Arresting Officer ID No. V Vacation Period DateJrime produced Clerk q (.w- f %) 51 Page No. Type of Report 2 1 Arrest Report NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet No. X - /07g8 Ab�R [SENT Gk�i? STAND ! 515 ;%'r'_EI: YO ),VAS •Ar96WC -(NG PA iii itA nF -Tr- A," POM'rATto N I', 1 "TOBL- NO T Aranv-r 7130 AyLS) I o5<0 D+�GT IM6t21A"i A'f 'R(� t~RoN t NTRANC oi= �sN� g��zZ Hf£ WAS }1-f- WMDT)NG To � IT�2 -1+s FSA PL IfJAS fuf-"EV P4W-A/j BY 7Ff O�p(Lf�1hN _ RUT W Rt�MAWFO IN -r149� At2zft- 1 e-WJTAe.'TEI-Pr) INIARIANI alus7 1MNrrD/+1-7%--eLY 'T2DN6 aDQ2 OF A!J A1- �D14l1L'fe- Ps.;~v -*a AC, .5AAI-rr-lNG FeOM �,rs Pa er= k7N 1415 :—OLYt s IA9--e; t3 L.00c5 r•1-0T" AAJD rte/ AOPIEAAANCC }}IS 1Nh6 450 nyC C_40L-DNi Rf uN,D4�7 ' 1=D. Rae- SwAHgD vi 1 L sTkND /NC;, ANA 1fAD TO "N5,rAA17Ly 011 fIZ-T }11S F:�P-rT 7n 0.. Aj" -rA lld H6 B�LJI NC.� Bhs�t> 60 -n1 a ��.7I�l -5`tMpTOWt5 of I4 7 1Chlf0 'b 15 ?C+�ti''�D R`•1 Im5P -1nrj1 t\ND - }"14£ irJA81l (: -e '!PO qAi,,c* k- tl1S S•n =E'r I 122 5 -/sib l(tN ✓Uaui 'N ?V)k 1 �e )N'� & C1:6YLB�Et`{ �hNDJGr"r• rf-9 wAS TA k£50 INTO CUSTO DY u71 ovT I Ne i (GENT g -MA"6Pf9t2TE[> 'PD N8OJD SAIL 5 OtG CG.N�t iFfJt:G. ..cfr ch9• �( Supervisor Approving _ ID No. Reporting Officer(s) ID No. V• AND°JZ& -f-% N8PO Fmm ].15 (Rev, IGA) I w- ❑ FEL COMPLAINT FILED ❑ UNRELATEDFEL. WARR. SERVED ❑ D.A. REJECT ❑ 949BI (DETENTIONONLY) I ❑ MIS. COMPLAINT FILED ❑ UNRELATED MIS. WARR. SERVED ❑ C.A. REJECT ❑ OTHER WHnM(I)- ORIGINAL CASE FILE RECORD YELLOW(2)- DETECiIVED[VISION MK(3)- PRISONER'S RECEIPT GOLD(4) -JAIL RECISTTA I� --17e-w—port Men once Department El ADULT n JUVENILE CUSTODY AND IDENTIFICATION REPORT A # 95953 Name (Last First Middle) AKA/NICKNAME AM, ROBERT ALLAN OCN # .E (SECTION, CODE, DEFINITION) DR # 7(F) WORD COND. INTOX ALCO ❑ 00 -10798 LOCATION OF ARREST R D. MULTIPLE ARREST•REFER 3450 VIA OPORTO NB 15 NAME DATEMME ARRESTED A TED/RECEIVED BY DATEMME BOOKED BOOKED BY T 092900 0130 ANDERSON 1114 I 092900 0225 SATIN A# �T I ADDRESS RES. PHONE 1009 ASPEN RD WEST PALM BEACH FL 33409 DATE OF BIRTH BIRTHPLACE SEX RACE AG HEIGHT WEIGHT HAIR EYES COMPLEXION 040177 FL M W 23 600 160 BLK BRO LGT DISTINCTIVE MARKS CLOTHING WORN (INCLUDING SHOES) NV WHI COLLAR SHIRT,WHI PANTS MARITAL STATUS CITI ENS IP LEFT (RAND) RIGHT DRIVERS LICENSE # /STATE SOCIAL SECURITY# S US I R I51676177Jo410 FL 595-66 -3147 LOCATION OF ARRESTEE'S VEHICLE YEAR MAKE MODEL COLOR(S) LICENSE NO. STATE PED EMPLOYERS NAME (1 ESCHOOL) ADD S (IUVE -CITY SCHOOL LOCATED IN) BUS. PHONE OCCUP. (3UVE • GRADE) USCG CORONA DEL MAR CA NON PO. PARENT /GUARDIAN (UVE.ONLY) ADDRESS RELATIONSHIP PHON BUS. PHONE PARENT /GUARDIAN (JUVE.ONLY) ADDRESS RELATIONSHIP PHONE BUS. PHONE LIVES WITH (JUVE.ONLY) ADDRESS RELATIONSHIP PHONE BUS .PHONE 5. U ARRESTEE'S PERSONAL PROPERTY PROPERTY LOCKER # 9 TL AKA's IAIBRIANI, ROBERT ALIAN DETENTION ONLY IMBRIANI, ROBERT ALLEN DEMEDNOSARRESTED PER 849 8(A' ) / 849.5 P.C. 100.00 MARCHED BY FINGER PRINTED B TAKEN BY HANDWRI G BY JUDGE MODIF ING SAIL AMOUNT CHOMBURC JPHOTOS NT LONG HOLD FOR: BY ORDER OF: CUSTODY NOTIFICATION BY DATE/ TIME NOTIFIED ., Pl EN Y N TIFY: ADDRESS IONSHIP PHONE B S. PHONE TATED NO ONE SPECIAL MEDICAL INFORMATIO STATED NO ONE ;.B.I. NUMBER C.I.I. NUMBER ATTACHED N GA E )86 o A22074611 ARRESTEE RECORD INFORMATION: ER A PAO ING� CODED BY DATE17IM OD CED AND DISTRIBUTED CLERK ` ❑ o - INVESTIGATOR 1 # AIMPLETEDBY DETECTIVE DIVISION ❑ FEL COMPLAINT FILED ❑ UNRELATEDFEL. WARR. SERVED ❑ D.A. REJECT ❑ 949BI (DETENTIONONLY) I ❑ MIS. COMPLAINT FILED ❑ UNRELATED MIS. WARR. SERVED ❑ C.A. REJECT ❑ OTHER WHnM(I)- ORIGINAL CASE FILE RECORD YELLOW(2)- DETECiIVED[VISION MK(3)- PRISONER'S RECEIPT GOLD(4) -JAIL RECISTTA I� NP—PORT BEACH P.OLICEIDEPARTME "° ARREST REPORT Location of Arrest 3 . 0 EGA .dno2zo N RD 15... Date/Time Arrested q• /7. -AO .0130 DR Number �D1603q Connecting Reports by Type and DR Number W Videotape of Arrest Yes ❑ No Videotape # Arrestee's Name 41 Last First _ . Middle Sf6V x;oNhLD 6Lf. Ft012 OC# GSFi�O Charge (Section, Code & Definition) 13fG !0�} 7( -D uN6C D 5b(ZMIZ `( Pi113U0. IN -jt7A Arrestee's Name 4#2 Last First Middle Moop� e C£Llo� (c�NuBr OC# 9S�3C1. harge (S on, Code 8 Definition) �tnC. ¢ - oRL)NK $, DISoI?XP- `( •PiSSUG Ih17DiU Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 YMDN £lL )A -17- t Age Res. Phone ?iCq 85476453 Bus. Phone Address 5541. St�� Ci IRV tK� State Zlp �i27//> Witness #2 Age Res. Phone Bus. Phone Address City State Zip Witness #3 Age Res. Phone Bus. Phone Address City State I Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Desaibe Clrcwmstances Leading to Arrest InchWe Elements of Offenses: Note lure of Evidence and Location Deposited: tNARRAT1y;n46 e � q • r Z I oFC P +tom NIZY I LL1$e£ L;Ej::> -M O (IFO W- i£D AINel ph-MaL AT MpQj: alao+WS Nth ry i?g MAU1Toierwc- t( -rg£�Dic S't1`fAft M &nrle It' IrL =00—r of -TFW Su4L BJ4K 34Sfl VIA OPa2TD U16 ReAP -0 YFr -It4G AP-o0OD 701 g FR•oWT D015L2 of ? _ S'r�8frt5 f+M�N 7 f�e,5rD A- MA _L,/ D A S rH a.T olJ �(LOUtW G VJ� S+�V�12AL SUgJ�°LTS LU14.O 1N��- +CG�EiN IZ�_D \ Alcohol Involved?. l! Yes p No Location: e U ZL Supervisor Approving ID NWo f'(` Arresting Officer ` ID No. J ANDg1ZS0N ggi11/q- Vacation Period ►5` DatelT•tmeReproduced Clerk NF...WPORT BEACH POLICE DEPARTMENT Continuation Sheet BPO F.3.15 (Her, 1P96) Report ,Type of I Arrest Report . - Number /031� _g wig /. ON - -- AP- 16 !>. , I . awn _�: �►• •' di iWto op • _•1t��� i - iA ► _ RIE •b P2544P • - r • G. • • -rAA u.' . _ O / .c . p;IE / . m u.f • •. a r .Y r • :•- Approving , Reporting Officer(s) ID No. BPO F.3.15 (Her, 1P96) Y WPORT BEACH POLICE DEPARTMr T ARREST REPORT Location of Arrest v?A OPORTO RD Dateliime Arrested DR Number Connecting Reports by Type and DR Number N R Videotape of Arrest C]Yes -SNo Videotape # rd o Ne Arrestee's Name -#1 Last First Middle Ary Ea! cc -fzipj r' Ii- OC# Charge (Section, Code & Definition) Ve, G41 - Ii1:VNiG 4c.,9tSo2C�r2_Y pLlS�IC, t1t^ax �y+r!�n1. Arrestee's Name 42 Last Hrst Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 ANCk �y< MAQ 7 le -7 Age Res. one Y- /q ,1 <r�= Bus. Phone y �9 4, 77 10 Address 1¢3`j 5. /3Al2 `(• City Opt -t-J66 o State c�A ZIP '? Witness #2 d��IVpA, ;eNfl3!a 5,t 7C- Age Zy Res. Phone 7; jc 97 a ?� Bus. Phone .J? _- Address X01/-0 W. � c � � : � ���4 5o City SA," ; ,A State �ip I Zip _ Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. one Address City State Zip Describe Circumstances Leading to Arrest Include Elements of Offenses; Note Naturejof Evidence and Location posited: J%I •�!•1 .I y I$ IZ - aLa_(•[ -I /C - r�_:..yy j1.�. ;0 uAj i— pnt -/.25D SIC �Z1L. AT u' c _,., - `i c� - 12C A 4 '4 z; tJ /✓._) Al/ u,���2p�✓ r� r,•� �,; -_�. ✓� �= Tag Alcohol Involved? gYes ONO Location: Supervisor Approving ID No. Arresting Officer ! , ID No. Vacation Pendd DateMme//R��e��p{{ duced/` 'UlJ o% NWO Farm 5.1 (Rev. 12.96( F X H T R T T A I' 0 0 io C, N -WPORT BEACH POLICE DEPARTMFNT Continuation Sheet ` Page No. Type of Report Arrest Report Booking No. DR Number no . r:ls 33 �y.VrIESJ ./3 taJ-O iL� /�/G. I b3SrJ �' /T °AN 2: L-aA5 Fi£If-i6 m5 5C-ar -re JQ nS t WIr. ,D£AnJDA • :: hN: + Z P: A n/T ,6)C /L,g7£D Aj 1;oicV' ,c 2 iEsNd,4 ael D SDi3 e T Sdr��s;T.S m/,4, k,<-6 gT ! £N /S /%�CN,2I! rl /r Ai njj.r A .Ll .O/2D - n/5SD T AJ ^GL. � '/,-14^ 17' SAN / A;:E Z X. -t IfA) L A E%K'r` / nr D /L � T£ !7 _gam flAJ pUNCN�t� vy�!�3ANUJ�Z .Siv Tub iD �v�- ,St4 -uJ �>`'YJ /Sr H£N2�I � 2 ,` ✓�fi2 T'rg .fSsF/L'S £N72Rrc.t, A.f£ : 7A7Eb Hs Wm-7tM Si}Y✓C/¢� /f7�7:C5TyA YJ?' Pn- Ccw--£L m 7'0 %tilvFS.: /�yf s Tip /S inGLEG.47 /p .D£Tif (,V � �5' Ar�G Ns Z/ .D£A N •:> A $, A 2,2 0 L .++-f ed P/1-15G llN/N/Yxy //y/ /SST /G T' .4-, =GCL �s'N6 SS,�Cv1fL� ASS,g�JLT£'r /iy sF' ✓ ,6pt-= t l# 'AO M / TTY U/yC h' /. G e. N -, `% /W; 7W JZ esoehAp-lc.D ACe ZV-770cGKS A; 6Q,—w-,Ma - AS S /rC SAhr IN rr£ ? N�ni Md? <. MAL£ Su SGi cONr G rV otC N,,y ANZ MAO 4/MJLAE ^ /1A/ivfs - A-6 L. � 2y s!�S.sh 70 /) •�:��5 T )1 U Ad � r. pr_ ; �4 Uif;� ftsS6ftl L ?'. YUN /L£ NT:'@ Y izl WIVe v L / .low : SYMPTGw /S -4 ?:r A-L 4 ,qVe- lyf 71 X/ r,/l-/ Pis -+=V£5 11JSp-c �3LDoD5/?�T T£.Z ;xjb -5 .4 A'LG.Og-e)L K---LzEV-P A _r =A l/'t'/ /N6 �r�iN ft /� Fi °�'Sfi7r N/ S GRG.� J. -iJA,s �? L +Si >'; D . H� co vLD NoT �'e h %"J a L.+► %� Gp�pL�"Tr .S�NTt' % ✓G¢S Sc f,t /6 SA�s�Ch` WAS S: uR.c'.�� >t7 T /KfS I AS 149b >;u.AA L V /ZZ � r> U r/,O v—,- 'V,;4/'0 :.E Z 9P61 .r3 ,+7rVr cY s/E �>5 /' P��^" r .. l+T H c-- W AMSE b hls' 7d ff�YL 2 A� +.fit .4/11J/ H� Z / %LT i T/ //t i iJ /S >bt»vi /d/L i /-Ijiilvy/' xigc e4,4y b //JTD%! •cAr>£D 17.2t7% AN ?i +/+7 triz- '405 fly 4 pAljr -S.z / ?7 ZA-Lyf Z / h- n2-=-5T� jrorL n9alix Tifs/L�.. VAS C414,,'Y -r s• ✓s s:-� � CG /N�a l"��D /C.it� '7'.��'>�Tte�i Supervisor Approving ID No. d--, Reporting Officer(s) ID No. 1 v , AN n1 --csr 1 "� /� /�4 NOPO FOM 3.15 (Ray. 1b95) 151 N- `VPORT BEACH POLICE DEPARTMY - -T ARREST REPORT RD I Date/Time I.5o VIA 0 Do12T� N �• Witness #3 A (,96035O) 8£2G 12 1 MAQK J)cNALD Age LjrJK lS �f 06 0/�1S 00 -59 L acting Reports by Type and DR Number Address ,2e D15.-Se- City 19-V1N$ Videotape of Arrest Videotape # Arr Tt*�By-(P""ate_Pers°n)- ( A 1 1 0 3 3 9 14UMT A A E. 24- -7 Age 24 1 KYes p No 1 -7,363 rrestee's Name 41 Last First Middle OC# State CA Zip C13/17 Describe Circumstances Leading to Arrest; include Elements of Offenses: Note Nature of Evidence and Location Deposited: ;harge Section, Code 8 Definition) ..- ._(d.U.ZZ -- - -- CPC a._*Jg ld7(f)- Ass ,&ULT wI-rµ A MADi-y LU itPOtj rrestee's Name 42 Last First Middle OC# ;harge (Section, Code & Definition) Supervisor Approving ID No Arresting Officer ID No. AN D£ QS OO rrestee's Name 43 Last First Middle OC# harge (Section, Code & Definition) fitness #1 (A 17'g 7 /�L � r _� y. cg Age 1,3 Res. Phone Bus. Phone pVom07 -1N6KI :je 5CA7 -rr 7 D£CLIP�WD 'joA d r� I City State Zip 14101 WPFttz L•ANT£KN 4# 15 I VANS} PowT CA .a2.6?q I ltness #2 A ro Ibb 7720, Age Res. Phone -/.y-- Bus. Phone POPS �ANDrrf2 I N 3 -t- Z6o 84 `•33 Tress City State zip 1 a R I12 457' S T I N£ lU pD 2T 8£PrGIF CA, Witness #3 A (,96035O) 8£2G 12 1 MAQK J)cNALD Age LjrJK Res.Phone -y4.9 ,5517 (1ZZ.S Bus.Phone 74 54 3aa Address ,2e D15.-Se- City 19-V1N$ Stale cjs- jZip �qZ.O+ Arr Tt*�By-(P""ate_Pers°n)- ( A 1 1 0 3 3 9 14UMT A A E. 24- -7 Age 24 1 Res. Phone 6- 6-a5 S& I y223 Bus. Phone Address to531 5A5XDO TARD,� City 1 & ,0 ,_170 State CA Zip C13/17 Describe Circumstances Leading to Arrest; include Elements of Offenses: Note Nature of Evidence and Location Deposited: Lutr-i- T2/�TTQt1 L2JGL 5 A 7L-7 7 443 -- - la 17(i --- ..- ._(d.U.ZZ -- - -- - - - - -- tulrl- GU_Y_!�PNF. "�IC�_1/��L k�v1N__ 9 -17 -94 q�4q_ �_ 5�- G�'SL_.._.- �[3v2Z.S�L�•� - - - - -- Alcohol Involved? (Yes ❑ No Location: 34,50 VIA G po 2 T-p N Supervisor Approving ID No Arresting Officer ID No. AN D£ QS OO Vacation Period atefi me Reprod uced Clerk Co(Icb INS NePOF 5.11 .12 - %) - 'TTire NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Arrest Report 1 Booking No. DR Number 00 :5 5 1T6- ILL -711 3 4r•o7? u 2M CVkITY G L M I L *TN'SGli aF�IP�2S PR£S�NTe t cJTL�NAN? R T L04& t\'r� D• PSA�oS Orr,�' ti NRY b $. ARNAt -D e7 B HAAS T V DIN p4 gcNrA� l IJARRRT(VE° tAI7,4 uj,�k4q PSAR -S hn 1 LJ1sf;r- ad-MUSO -M II* NEOR -OV D - QICY(��(S L. P T A�OIIr otl7� ta.x£ U1�YL� STA_NbING Ott -f5tn� Y' t$t;Z7 iq'T�1J16kT GLUf3> 3450 VIA IOPOIP_ -rO »SrD - s:'� �dltllc� 1 �'AVtNG THE LISTED 'Rj51N$55 IN A 'FUL-- c RINT Tt=AI[.ING lffM W£ R� W tT St2Mre &0 C) ,ANOIHS L MALE (VN IDF-D) S (-- U2.1 -r? GUk2D W-V A'rf£M` -rrDTO rN-fLti UP TV i4}K5!r SuF�1je C.TS SIN nf�1 rOe;I416 MIC9T'VE' Cs,)mMi -rTEn AW Qr-P rHL57,; 1N t` AS ws (' wp A n P.00 1=£ L"SE u ua flpF2wtg D N3j� s+,k o h or- AM40 Awt>T��rL IN -r w- g1�2 0>�1`i GDOK tllAS EV�tSTUkL(,� D B4' 6R, P; N ILO 5 krJ b F� r-1 R'{ •'IN scoNT 434 4 A• O Po R.Tfl I _ t2sfLltzF+£D o T RJLL 'Co �t�vgSTIC °a°sT r iTA1L5 or- TFt1S INr -IMNT Mwt£Dr+rrtL4 AyTa7z SINly pasT/k)N =p TI•I•r- D£;MT p��� -N rcrlF/cll.,k, TNT �a I.LoWI NG S ?k ?.�S�faFNTS r''N•t`{ 'fk"I S buK 5w>JNG AT y1y � IN TI•W 6AA. AND I "Oc,"D A xA OVt I L'NOV• -� I K/JOGIL Ii 1 Fl OVT �,O (�Q 'r 1. lip Supervisor Approving ID No. */ e-- Reporting Officer(s) I ,1 • AWDD:5aso(J ID No. # in NBPD FO m 3.15 (A., 1P%) Nr`vPORT BEACH POLICEIDEPARTME "'T CONTINUATION SHEE'i Page No. Type of Report Booking No. DR Number 3 ARR£5-r lzrFb2T 600-5 `5z 13��Z £cu�tTY �f1L'fIM WIA-�. —SLUT GOt-O" AtJD -Tt+y1T m-soiCS 1-p _-ruz� s rar2y a 1= Tl>ac AAA- JZOVP• O T4k£ V(crim CK2oG£)Q� orb TIC r An C)j&JG —sr' i�B -Y wITA6uYMoN- nvYwt0N 14 �yt)J21T� tOFG. a4T TF+f BUZZ STh?� f7 TA-kT TF4� V LL'T L.11i15 0.0 0 0 'r14A'r 4t£ 44A0 FouIJD i& Mg!r H I M (Oki TNjcr2�.l1J_� �4.T Tf� fJltNC2J= �'L.vOfZ� 6P*v0_r cl'j�ar.l <_`r'Morir'fxp P�-l{ TWAy GLAS44Lf .{+7 -ML.-30T7 -rr , t!UWlt-rc, OVT of At --5, N•too -rA PuLLfr "I •-H%1 - �FYoti1ED Ntf- 1 kA S- v--F- A^ -l> Tff - - - -- - �c9�ln ---Tr Dny on N C�r 'fL-moe- 6+ 1�1tF1— (J- 'L11 -sNJ I D 1 bf'L-,S=O hNK Ip F4 q 5 (cA L �Fv I.D;F�Nc% - -- =S L-DsA-U�b w('f_ tg¢rgEIL .:Po( -dc __57LL?_�?L? �G1M.p11NJG_N S�Eit�f�N /NG . _— Ltft1 sS� RC,£iZ —S r nTxD�t — 1d�h5_ I N T He '5 0"N D 5 ro P f O r- TIS£ R M2 AND f/J A5 4Tri N.D I N fi k T To -TVI_r V l c.? r M 4+e otsnlQ A>- MALE su6S sTn OtfJ G t4e7 ' T9 V) k- k-o &C a. Tub St1[L l Wits eAI'M 44MPr5 5AYIIJ4 "OILI o1C ;£y4Z-VLAL. TIMt:� :M2_ = L4i1:- _lLCeiIML- Ff -rM �/ -U uNCN TPf- Jr^ T cli ce bIJ -ri+•F WN1P VG GU/ A P.LOSZD KANO 11=1ST 51EM&.t - SA-fD f}!a< UfAS IJ27 D2oyDCAt IC 8`1 TWr _ �icfIM Awn -rt+A-r -Me A55AULT uAS cLrhaLy 19NWik22hN-rj-cD . TNIC V It,% rM 4A+� {T l ?- COLLAI05e rk6 P- f1atC7V LT O(= T(+,g 51 OVA) ADD MLL oN 14rs •uhcl_. 3 .zRGl2 hDDr, b oc:- 1 Ac. TL l T. •A-5 orb L7ND .-; S)-Z, Pf r'r k1GtL�ED TtlE \41r-,r-oI -rt#£ Rjt&D 4 -n+0 305ftGT --- fLg,) -�k£ CAN - Obt, 44£ I Wan .T):£f�? (-cord X2oGgILS .ASSAIL-AMT C ONT� Supervisor Approving ID No. Reporting Officer(s) ID No. 791 f�N D� vr1 I I l »BPO Fa 1.15 (Rev ID -%) NEWPORT BEACH POLICE DEPARTMENT t-JNTINUATION SHEET ITVDe of Report AjjL (aE p012T Booking No. DR Numbed O 4 -5 95Z -,Nun/ T _ poPt 1 - `5�3NGG (-Q - $T/1N3�(tJ6 "m T Ty Tl V�C7 /ril h/e' b83�D ?r$ V /?T -A (uH 1 72C/ M,fjg %�iI L�CJLJG To $ y1 C N a yK�,f2 ?L/� �!� rN TNT B if f� W &5 V £ 2Y GDVD fiA/D ffAA e'-11"O WE OACII-t.�w IWr i,u" -r ?H£ eoN✓ezzsA-7,o,0 AIA6 A&.ovr- 7f-s ?i% ?Wa SPoK r!� bL3S(n IP(15 vN/O -,<D A4x-Z./> 1�, -IV$ ffr5 1GN.£& G -Z ?N.S)U __eA��L.�__�Laotclt:0�$'� PuNGIjLN� ?HE WGT /M O/J 7H� y(G_ ?iM_��LL "a/f Tf/� �a- 120UNL7 W/f'S rt /CxD $S�— sus�T av - -T- �t1 _1L1�' S1 •� Po .1P'� D �/ cmoK+£ A-5 Ttl £ SJS P4iGT tlf +'-a2LOW1NG Zb �i� c' o�c� I�gf15. V <R&7cS,9A4 5H� A,-D - f'nN7MDom" /bN ,S (- s.J—.71—&J ° _rt,2.j-_ 'S c�rzvC, z �' &-A A SIRE STATeD DroN r A TA g!c P L 1C r .- xjl,rNx-5j N-41NT W-A-S_L.LU7f2�rL 42ea S', f11tNGLD, SA_I6)!AS 100 _A- S(1ktrr.6 6 ltd -r9C BA-2.. A'T 71W -1)L4E _ �GoNr7 S'ro12'-f ,RYst�IC� �t -00�. 'TN£ a•c,ra�.£� -TS ui£r4� £N(mG£D 10 R-Pc S¢ 4A'-/ A,N1O Nf+oVgf2-►)}N ?Ly BVMP�9 AP AI t3 ST �kCQ , Ui�� 5S4C 59-00u $ r I)f fki J2 _ pi.G5hPQP-.Dy.A'L -m -- -'�,e QILo��kNrT�i. 11x1 f4 Gk N6 6 TGt! 1�N �� oT IN H 142 PlLG - SH-je WAS VNABfr -rte Fa 6pr)00 o V K�G3'fZ /S JktGt2�S5fyf; 8E VMQ (0e- LIIITIL A tM A t�g wa&rtL IV AL I &tg n /4.5 GaotG£ 5 tP1D /N SHC AoDt.D TH�'C -THO 5u5Aez --r AtIp V tc -TIM LAXCik14WG£7� y,QOW4 4NJU TRe t/ ICT/M A-r]! MP-T'E fZ("0 PdNGN f oorP, V Y- L? ,rg MISgg D STRI PING Lb0 r4 • C�OOK,-r IMMt Dl�1T�LLY e S poN O£U W� A pv N Crk f0 Kf2II f< hYt D TeJS 10 UN C, ft r� � �'f)o�)Z St's 'fXhG Shy cAOK t_ Av1NC� TII 1�4-A low �rhJ'rf7 Supervisor Approving (D No. Reporting Officer(s) 10 No. NvWPORT BEACH POLICE DEPARTMF-'T CONTINUATION SHEE. Page No. Jr Type -of Repo rt ARM6-r Booking No. D�' Number _;ber co -sn? sz� SZ� ITIALL14 P..jgr 'W P t*j e4r— 1/LL —M_ AJ iL, 7i sNt ?eO -r"&&i Arif i:i-r^-mmgw-r MA 4JI2 iNG -01D c--co/4� A /Vl'> _ry A T CDC) x� 1Zr5P01lJ9z-rz) zy %Icjqlt✓c aer-VS£� '70 A?J Ll A-01)) -rIOA44L. r4Y Px:rwA41"A�l&- o t r o *,Pj s-r/4 Vtj 1-141--s r-og- &Ss"L'r W,� u-cr-A k5,AJ rhz- 12o:')0c2-r,5 F�;pai v..ur Approving 10 No. Reporting Officer(s)ID No. WO Form 3 15 (Rev, 10.%1 i newport Beaca o uar men ADULT ❑ JUVENILE CUSTODY AND IDENTIFICATION REPORT A# 95955 Name ( 4 Firs4 Middle) AKA / NICKNAME UT, OZGUR EVREN OCN # iE(SEC ON, CODE, DEFINITION) - DR# WR'15.1 FIGHTING IN PUBLIC 1100 -10799 LOCATION OF ARREST R. D. MULTIPLE ARREST - REFER 3460 VIA OPORTO NB 15 NAME CORUT DATErrIME ARRESTED ARRESTED/RECEIVED BY DATEMME BOOKED BOOKED BY TOTAL 092900 0140 TAVAGLIONE 1150 092900 0318 SATIN JA # 95955 12 ADDRESS RES. PHONE J OF JDIJ 668 CORONADO AV LONG BEACH CA 90814 562-433 -7005 DATEOFBIRTH BIRTHPLACE SEX RACE AGE HEIGHT WEIGHT HAIR EYES XI COMPLEON 102278 Ty I M W 21 I 603 190 BRO BRO LGT DISTINCTIVE MARKS CLOTHING WORN (INCLUDING SHOES) NV BLU SWEATER BLU JEANS,BLK SHOES MARITAL STATUS CITIZENSHIP LEFT (HAND) RIGHT DRIV ER'S LICENSE # STATE SOCIAL SECURITY # S Ty I R B7729631 CA 625- 924458 LOCATION OF ARRESTEE'S VEHICLE YEAR MAKE MODEL COLOR(S) LICENSE NO. STATE PFD I EMPLOYER'S NAME( E- SCHOOL) ADDRESS (RIVE - CITY SCHOOL LOCATED IN) BUS. PHONE 1 OCCUP. (JUVE -GRADE) LNG BCH CTI1' CLL LONG BEACH i CLERK PARENT /GUARDIAN (RNE.ONLY) i ADDRESS RELATIONSHIP PHONE BUS. PHONE PARENT /GUARDIAN (JUVEONLY) ADDRESS RELATIONSHIP PHONE BUS. PHONE LIVES WITH (RUVE.ONLY) ADDRESS RELATIONSHIP PHONE BUSYHONE ten: T ARRESTEE'S PERSONAL PROPERTY PROPERTY LOCKER # 13 500.00 SEARCHED BY FINGER PRINTED BY PHOTOS TAKEN BY HANDWRITING BY MODIFYING BAIL AMOUNT GHES LONG LONG IJUDGF HOLD FOR: BY ORDER OF: CUSTODY NOTIFICJ7, ON DATE TIME NOTIFIED u IN EMERGENCY NOTIFY: ADDRESS LATIONSHIP PHONE BUS. PHONE STATED NO ONE , SPECIAL MEDICAL INFORMATION STATED NONE C.I.I. NUMBER ATTACHED NEGATIVE ARRESTEE RECORD INFORMATION: SUP PP VIN DED B DAT P D AND DI TRIG T D LERK - 4- 29.00 01,30 /i7/ ❑ INVUSTRiArOR I # OJMPLETED'BY DETECTIVE DIVISION ❑ FEL. COMPLAINT FILED ❑ UNRELATED FEL. WARR. SERVED ❑ D.A. REJECT ❑ 849BI (DETENTION ONLY) 3 11 MIS. COMPLAINT FILED ❑ UNRELATED MIS. WARR. SERVED ❑ C.A. REJECT ❑ OTHER I WHPIE(I)-ORIGINAL CASE FILE RECORD YELLOW(2)- DETECTIVEDIVISION PINK(3)- PRISONER'SRECEnrr J } I � AILREGISTEF T, T r WHITE(I) -ORIGINAL CASE FILE RECORD YELLOW(2) - DETECTIVE DIVISION PINK(3)- PRISONER'S RECEIPT GOLD(4)•JAIL REGISTER Newport Beat rouceD epar men ® ADULT [] JUVENILE CUSTODY AND IDENTIFICATION REPORT A # 95956 e (LuL Firs4 Middle) - AKA /NICKNAME fW7AN, DANIEL ADRIAN [CP OCN # k..,E (SECTION. CODE, DEFINITION) - DR # 415.1 FIGHTING IN PUBLIC 10100 -10799 LOCATION OF ARREST R. D. MULTIPLE ARREST -REFER 3450 VIA OPORTO NB 15 NAME CORUT DATEMMEARRESTED ARRESTED/RECEIVED BY DATE/TIMEBOOKED BOOKEDBY TO 092900 0140 ANDERSON 1114 092900 0331 SATIN A# 95955 I 2 ADDRS ES RES. PHONE 1 1610 S CABRILLO SAN FEDRO CA 90731 310 - 8324547 DATE OF BIRTH BIRTHPLACE SEX RACE AGE HEIGHT WEIGHT HAIR EYES COMPLEXION 061879 CA I M W 21 602 I 180 BLK BRO MED DISTINCTIVE MARKS CLOTHING WORN (INCLUDING SHOES) TTS:CHST - "SICK BOY" BLU SHIRT,BLU JEANS,BLK SHOES MARITAL STATUS ITIZENSHIP LEFT (HAND) RIGHT D R'S LICENSE #/STATE SOCIAL SECURITY # S US R B6458271 CA 559-62 -8872 LOCATION OF ARRFSTEE'S VEHICLE YEAR MAKE MODEL COLOR(S) LICENSE NO. STATE PED I EMPLOYERS NAME(JUVESCHOOL) ADD (JOVE - CITY SCHOOL LOCATED IN) BUS. PHONE OCCUP.(JUVE-GRADE) LONG SHOREI SAN PEDRO LONGSHORMAN PARENT UARDIAN (1WE.ONLY) ADDRESS RELATIONSHIP PHONE S. PHONE PARENT' /GUARDIAN (JUVE.ONLY) ADDRESS RELATIONSHIP PHONE BUS. PHONE LIVES WITH (JUVE. NLY) ADDRESS RELATIONSHIP PHONE BUS.PHONE 1J b.a ms ARRESTEE'S PERSONAL PROPERTY PROPERTY LOCKER # 28 5!�JIEIMLED HAIL AMOUNT 5500.00 SEARCHED BY FIN ER PRINTED BY PHOT S TAKEN BY HANDWRITING BY JUDGE MODIFYING BAIL AM .1UGHES LONG LONG HOLD FOR: BY ORDER F: CUSTODY NO IIFIC,hFION BY DA ME NOTIFIED ti IN EMERGENCY NOTIFY: ADDRESS LATIONSHIP PHONE BUS. PHONE STATED NO ONE SPELLAL MURLAL INFUKMA RON STATED NONE F.B.I. NUMBER C.I.I. NUMBER ATTACHED NEGATIVE ARRESTEE RECORD INFORMATION: SUPERVIS0 APPROVING CODEDBY DATFfI7ME PR DUCED AN DISTRIBUTED CLERK 9 M Olo3o _ II -7/ (NV WA ID �..3MPLETED BY DETECTIVE DIVISION ❑ FEL. COMPLAINT FILED ❑ UNRELATED FEL WARR. ❑ ❑ ONLY) SERVED D.A. REJECT 8498I (DETENTION ❑ MIS. COMPLAINT FILED ❑ UNRELATED ❑ ❑ l MIS. WARR. SERVED C.A. REJECT OTHER WHITE(I) -ORIGINAL CASE FILE RECORD YELLOW(2) - DETECTIVE DIVISION PINK(3)- PRISONER'S RECEIPT GOLD(4)•JAIL REGISTER N°WPORT BEACH POLICE DEPARTMF ^IT '0 TELEF..':DNIC O BRIEFING Preliminary Investigation of: DR No. 00su. pvNl A55AV�T µ1 Or ADL.I UJOAPOfJ �' p0- 0 sg3. 2 Location of Occurrence RD Date & Time R ported to PD Connected Reports -Type & DR O IJfA OP02T10 N•B 15 6.9-00 0117 1 APAr-Sr., SL)OPa PI'ON—M-17Y ONWed On Mo /dy/yr Day Time Mo /dy/yr Day Time Stolen lost Recovered Est.Dam. ArsonNdism Or Between: 6.9.00 PArJ0110 I & $ $ $ Last Name (Firm name 'If business) First Name Middle Dob Age Sex Desc Hgt Wgt Hair JEyes raoG:F_q_ C44R5T0PFig2 ZiRUCT: A70Og898 5 -17-7¢ 1 26 I AA I W I X3ww Residence Address Ciry State Zip Res. Phone (7 /`f) �o �4fJ/4R9 A I IN TON lc 2/$ 374 505 1 Business Address City State Zip Bus. Phone C. UNKNa7W T I Victim's Occupation (r�'� CgftcNon 9U Veh. Lic. No. State Year Make Model Color(s) M. v N K N O W SES Pkvf Qio^t_ P;£D Notifications-Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes &No NIA Victim Desires Confidentiality? O Yes O No Domestic Violence Related? O Yes O No Gang Related? O Yes PP No Hate Crime? O Yes A No Alcohol Related? Weapon Involved? O Yes Q No Weapon Involved? O Yes �'NO Weapon Involved? O Yes R No O Yes O No Name If Known- Booking No. & Charge If Arrested (List Additional suspects in Na a) Dob Age Sex Desc Hgt. Wgt. Hair (Eyes oo�a: N .54,6, 120z 8 uJ G-3 15 6ftl!5 U -s Address City State Zip Res. Phone Rye Bus. Phone 4 �� r a im-rf I 101 vim CH P& 5 � 10 tj U.. `S Personal Oddities (Unusual Features, Scars, Tattoos, Etc) T e of Wea on Tamats,FDrce.Simultd Gun. Etc) If Knife or Gun, oesa De: �ootl 'rT aN SAC4 Plcrij,2 OF /`C2oy," y iPoRcE . P )5 T j FS!T othing - Additional Descriptors Additional Suspects? O Yes '.-T UlitT T-TOP SLY- $HD9LS, (ListonPage2) pt No .*AN5 Veh. Lic. No. State Year Make Model Type Color(s) PE b ­ Inside Color(s) Modifications Damage - Additional Desc. IweNeEP micwes: vwi m R.Re Person w.wilness 0 -001. a gPersan P. 3D Code Name Residence Address City State Zip Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone Code Name Residence Address City State Zip Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone M.O. . SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND To IDENTIFY THIS SUSP. (Use nvene siee far aatlilianN namtive.l Burg: ❑ Force ❑ No Force M_O e DE�T CDO__PVC Hs� �/�_tZO{_.� POINT _P ----. T N_ �S— •��.a�.)_r_`��- ��11_D���.I.IZ <.20 %� ���` t`/t (� �%iJ %i�^.(h) ` Q �) r_._LlD1 .1. 1H:�....G.1?�UNO K'CtLcp �P aG�� o�C� aN TNT H��b• . Sup ' or Ap rovi g o. Investigating Officer(s) ID No. Signature of Reporting Person d N G£ 1z 5 a Da e/ U N9PD Fpel ].1 I�w. SD]) v a�v7vvrwv® ,,., NFWPORT BEACH POLICE! DEPARTMENT ' Page No. 2 Type of Investigation A5SAU�r .. w OfEA01 -1 I Lu£APO1J DR No. i Oo -5g52 (1) List additional suspects, victims, involved persons. (2) List stolen/recovered property. (3) Reconstruct the occurrence: Include all elements of the crime. (4) Describe any evidence, including prints, state locations found and by whom. Give disposition. Item No. Quan. Ankle Brand SMOdeI Misc. description (Color, Size. Serial No. Inscriptions, Caliber, Etc.) Dollar Value °e _�IgRRRT1VE 7z j5 �: "T G OOY-g \11(w .-T K'QO G'f- 2 LUCC 9* 10 51 D£ THE e3l1ZZ— Z4. -Srn VIA noe-ro -rm3::i -ff4e6,AN 'TO Ai-GV$ nll ,,LkNCs- 'THIS l LTE'RGitTltlfJ -p£FT CAoIG£ j1hfyn ti'111J PICT 00 'TH£ !t£AD. Vtc,-rI _HwrD 1C1tOC R SELL To THE R[jv N D lu A5 {CI C(c� OfJ T'R�F- H-r-h1) M -4 TeF-r cooKs KFO&IOR, LUA-5 R-r-NDC2IELP A,0.0 w AS V:5 Cm 2 -W-D OUT Cr- -rr 06 0 SI N £SS W-9 w-" 1 ♦-T R, -per t[ tO Q : 4L E+nrs1ATAL F012 IACLAV N9 To I(1s J,9_Wgrt _� LIP Tb 'f7kIMi1G£ -rn Ht5 tro�)fi'L Yt£E3T IP �T t. LS _ C.00 IG£ LU >~ 0,4C Th K =1J 1 C . K;°' !-FINS IN('LUt)/N6 1415 St4-0t--:, 411 -rM£ 11," As £VIbeNCt l� Supervisor Approving ID No Reporting Officer(s) ID No. NSPO Fq 3.151R". 10451 1 0 r -WPORT BEACH POLICE DEPARTM- -T ARREST REPORT Location of Arrest RD Date[Time Arrested DR Number dk�SO VIA 0000,T0 (0 100 7- 315 00 -5655 ecting Reports by Type and DR Number Videotape of Arrest Videotape # VZ 0 N bH 1 ❑ Yes KNo Arrestee's Name -#1 Last First Middle OC# 25- r4RAIF-L6, ArZP-A+l fmB;£)? 9 Charge (Section, Code & Definition) cgc4tj o b62) •L• o o-rogle Pep-mIT usE. Arrestee's Name -42 Last First Middle OC# T } Charge (Section, Code & Definition) Arrestee's Name -#3 Last First Middle OC# F' Charge (Section, Code & Definition) Witness #1 b 5 9 9107- GA Age Res. Phone Bus. Phone s m.,ric 019- M A a ig 29 - 8 0 z0 Address City State Zip 2000 PACIFIC CohS Zofi Nil GiOI� B46AUF r,4 q ZOZ2'- Witness #2 ge Res. Phone Bus. Phone d d' e city State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe CircumStanceS Leading to Arrest Indude Elements or offenses; Note Nature of Evidence and Location Deposited: -- _'f�- 11NJEARL�p�i(?o� ��__13� - .--- - - - - -- a.N.— pI!�rovs — D_ecAS ioNS TAT h N.. /fi1l�_ �7'T�H�._�s /%__To _.CvAL�t/ � �/Z./FNC>£ — /N_-- ?.•fJ-- - ?/E£ _ s"`STIfd.G/5f/. - - -- of Involved? Cl Yes 0 No Location: Supervisor Approving ID No. Arresting Officer ID No. Vacation Period )Q a ). /}N D.-P-GO c1 Dated a epr dttced r.�vT4Yfl'ir�fP � NEWPORT BEACH POLIO£ DEPARTMENT Continuation'l Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number 00-5G -5 mv�AJ7 al 'E/GT /l!DUS n2 qO21LOu/ &1D IS. ,,Ue- .L9QG9.D TO ItI&/ )I TOP- PfrTr OP5 AS 7Ng'/ A77rMArg0 TD LN-� 7Me- Slkk.. orG R>S,4AOS ! oes:D Sil(QT syw2L/NG Y-R42 AfFM� —WG72P c 7-0 E NTir/L Twe- BA-2 S/419- &eAgt►✓2 -D -ro -ro ems' Yd!DuN (a !nJ A-L /e /A- /P- SAS map P)?g5— E U , o y/F 2A# {OCAICVS •Z /•7c J�7£YLL /Nr 4-.Q1vf177KD /fit 92d'f/ll;F-ij /C/L I-D 1N dQDg',2 70 Ace-;e,5 S 7! 49 04 /NiE55. -9RZ5 Q.7MvlwL •5TA-7r-D -rWA-r _sW� A4Ab A/Q /N-r257--? 1011/ oG An ZiVZiAV1 ?Ng Bus //vim S a7 u T� A AMV WA-6 OaA; -Q 2- �Ee Aig /.D !;-L1+r 7?y /L /i 25 V � TD CJJSf_ 7N� LXJ /70uSL r.tj' sycoz:15 ?o WA-5 67X-A-014 Cr A ?ffg- AOP2o,¢GfF!5�d7 US t T wNC-1* T//Nj5- A5g=Vlyl ?1/s PlGTV 2Z� ONI /LI ✓W/L;s L /c.�S$ . D ✓� f� 0111.2- N ✓ T/6 if 7/D p AWVAJG `3 A,PM /SS /O/N . r /AOA) Talmo a-?a9*;Vtr To P2Z5C?J7- Nt2 4-u2/LEN'7 /D . <wIr /L .4rverL %rV/AUb 57115e1-IAI6 MM /(), rpy;5�D_ SFl� DotJ/aD A W EA) / QCJfiST /Oit/® / 7L Pf/KT L �t vD i SK D /;�r 5 > &2cl.v6 7042E7-J D yf_S7"iON 211/2/Z�NT /' 41- /,4:EO4PIA DA1V$/2.S L/G &NSA' /A.) c L% 5'fFOULA e£ A,10 -r z T17- -r /NT03��GIf73�77 a..'s/WA! sAOW AF7 7,APIW P7�D -rktg BUZZ • S Pow sYD/tl -TO /a< NO Supervisor Approving ID No. a`' X:3 Reporting Officer(s) d. AtJDf-R50N ID No. r/ NBPD Fa1m 3.15 (R�. 10.%) N /PORT BEACH POLICE DEPARTM, ARREST REPORT L on of Arrest RD Date/ Time Arrested i90 vl A nPOlz io IS 4--00 / 233 o Connecting Reports by Type and DR Number Videotape of Arrest ENumber /A ❑Yes �No Arrestee's Name TI Last First Middle OC# FITCF4 MtC.(�+� �E SOS Charge (Sefton, Code & Definifion) GPG 415.1 - I]13LAtj lr-1614TING Arrestee's Name -#2 Last First Middle OC/##j tlo Oo L t56 £Rr1£ STo M N ` Charge (Secti n, Code & Definition) Arrestee's Name 43 Last First Middle OC# quo +�u RCS "A - N N e tCharge (Section, Code c . 41.... 1 =- 1>\ G"C_ �i6e r trs cs Witness #1 Age Res. Phone -71+ Bus. Phone r rcJ MAT Nr--uJ OS It-1 (5-11-73J36 474 588S 578 coaty 319—Address City State Zip Su N. t_q RE - ANINOVM Cf1 I gzs'E tness #2 a Res. Phone Bus. Phone dress City State Zip tness #3 I Age Res. Phone Bus. Phone dress City State Zip rested By (Private Person) Age Res. Phone Bus. Phone ddress City State I Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses: Note Nature of Evidence and Location Deposited: — �IO�GR_ATIYE4 ,� nN 5-4-00 ❑FC PSARIDS AN D t £ ]7.Ir TAIL-eD TO utAlFarzM£D gl c'i e t_E 11-.-f'9 O1- . Ai ABOUT 23-7--O 1 C-S , \1Le APB tygy g r �J1.2 'a y TF4£ 9fA - 3 +50 N1 /A nPO2.'fo •A 81D-f-r 'FROM SftLG A nlwrfr, -rNls £5Th9USttM£NT Sf-t2J-TS ASA •N16wrCL&3 -8 JULO n77rrZ A LAZ(M AwAllI� 70 *ZNTIEY Ao- Ask of Involved? 3tYes ONO Location: Supervis Approving ID No. Arresting Officer ID No. Vacation Period 6I O , `I pi D£RS Z71�1 1(1 l Datefrime Reproduced Clerk I N 'YPORT BEACH POLICE DEPARTM- T Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number V 0 - 4-49 3 - rL1n'T r-�F- MAN�f 0 A 17- Or-Jg pg,_R -AOY I INStD£. Ttd£ 3tJSih1�.5S ir1 dRD"tz ?(� pR�.xE1.IT ny�2 CR.bWDl.1f� tilP D£C.U7FD —In rl) N DJCT A- ' I RA Q CFM-r s<, ` I PRa f6kED 1N 7•D THV- 13UtL1> /NG AND CDhITIN tJib -r� 13 P:E0 (PL PA-r(•0 APeA. T ABA A NLIM134 -9- r,r� � h? Ip C-tAAULS AND I ZE PITS A T -r4 (5 LOC'ET t 0 I qhl 7n4 fS' t>cr As rotJ I NnTeD nV:F-2 se-4 -SNN ZwSnPU SI-r'TING ANb SrAN,DINC� .I IMHEDI?ATt -7 UPdN gNTzEING -rH£ APeA I Bt35`D S�y�IZAL CPAIRS l5e-Wr TF4enilJO AROU'P kt_nNG u1:Z44� 125 I hac-1n AL- Cnf+PL- $oTTL-sS AI`I� L -LrkSS ��NTf> INfJ2�5 F- L-tIN6 b.AC>< A-NO 260 -74+ aNSE: Tf+(QD or- C2oW4$ VieRe =t4GIArGEb 1N PFF (SICA L At}T�2G &T(CtJS . t 4 Y-1cwS Yi�IN6 y4 cOWt� e;r-tNC+ STRUCK 11 Gi+A \RS AND Q, ?n4£!tLS LRAQ(a�NG�TAC.'LUNG iNDIVIDt1141C- IN PA2T1�I \I qQ 1 DW,S`1� GFFT >=1TCH TH2nLUING PUNG44�S AF7 111JID£NtlGttl� VICTIM n?1zT goR( -L-5 tuAS Sgr—i-r43 (;2APPL.ING- _At! -I,I/ hmn-r 1jr2 UN tD-,rzNTrClun ytL.'C fFt4D I ne5In D4-g'G'r eIc- U£20A- ;rIc ✓lNG AT A VAA Subl Did -174 GROUND LA-r¢R sau Herz E! Lip A MrrLA 00 TIk;F WCAID iu,-O Al.?;2FP-C*- r101tl RsT(, I,f o it Y Ham^ D£FT S {\N D T Ld>£ 7L�5T O 1= �1'I+z Lt?.o t.J'p 4L1 RS SO i$shT�� -"HAT kN`1 lh1T£12y£N7(6rd 8 I ot-L PSAe -bS b2 1 u lnO Lb "k JJ£ Selz e- c-y' PtJ'C-*-D ita I t, I4Ae. M 6 IN4iH I LLIE f;ALLAD lziM A4StST•ANCC:F- AN D k-r"r1-�MP-P -wD TO 2scr.! Atnl Ayl A^ A9p6p.1 ?4f� f4F�R\JltL Og f3u�Z1 �srU721TY nND Nt,�(�D nit= lC�125 rIGI Da=NT 4u o fi V LT• �ARC-,,-r NuMec2 O:F PAMT(C PANTS J(CTIMS UL-0 NOT t3C Lr> NTlsz1;EF.D COwtrbh &NT Ss A £.v£r- .. t.uEMg AS P,TRtlCIPhNTS ANO TFF9"Z ;S:E6R T111CS e IM-M COSTDDY :fzO2 j2U49L111 Dup -,N& t4Y 1?gyf5tIG -A"flal•% y(se- DyeLeo - Dicj=7 16ULRad LlJA S A Ml/-/O/Z- 07= 2>o Y,�Azs CsP 46e I.j H;5tJ QU£ST/z)Ne-l> hrCV SPiC '.-1442 enAINI --wD A-0 -6965 70 -r415 5qo S7hT:F -9 rH,4T S��vYLI ty / 2aoNNE(r (1J�2g le- aIILIAQ- Wl ffgIL hN� — A_�1�WgU N�2 //j —Wl tiu'� l rtP1c- 47'1oN. N FALT D FT Y 1G ugn•o k a lZ) A/n ! 1 N7 /Fl/!�4TlOIJ IAJ HVEO- 1001596810AI Supervisor Approving ('M 1F ID No. �/ W A 3K Reporting Officer(s) . ID No. i 1 J. AMC =26964 �lk4 NBPO FO. ].15 (Rev. M%) N PORT BEACH POLICE DEPARTMF CONTINUATION SHEET Page No. Type of Report ARa �ST Booking No. DR Number 00- *449 _A.Y. P dg )$�� syw+Y�7owls d7= zt2c�L4q _ 1�� —��lGr N/5 f5/I iFTN��j YI2 /2 0 SY C.414 oiJ H-r 7L FF di A[ " /aoy H.0 te-le P1JL D66j1 c� z Z rlf /< yjEtjz,0 -r 5Te tkitS6 Af-JY dNE BvT, AOml 7&-D i vG- TD -THE Ato aF a FA/*Nj >, ME -57A 7!6 D T/I-T —GOwI THIS j-0-1N Mi(.HT tkAV`t 5ZEn1 MERC.£7V*D PrS AGGrSSSIOINI ��L3a 15-LD_._K£ (-r [-J[T r-tra{ )A.4E: SZRT£!D TitkT TFHS �R- LGLtjArE.A- 1SJJi£IJ us (, Lit 61 GE D A T LEFT �1 GV$(2�A. ArtAIJ 6EQ h7 HgR Ay-l'T -C2-PLY _rA-TToO 3F:t c. vA- Toa te- og.?=tIJS$ A A Ar $ J W H O 84k -- 1i%�I.D.�� T ►}£--- .5�}lb.?._CVN.I�J�TIF[�Q� F�£L -mow To Y� t,L — q�_�— _�?�-[' •�irn,t}�l+' .W]'� TO �1rS ASSIS7�INC,�'. T14.� )NGiD;P-NT !lam 5Tl47£.D j Loc^7-ED esi� 4t5 My-; -fb {?F2 ItT frFfwt JNGID�_!J>" FYf_NTVAI -Ly -A D01,J0Y6ZMk. FS4 W:PYL -T 'rl%K&SW IN-M )NGIDVE:NT. I Supervisor Appr4��gi�g� ID No. V'd Reporting Officer(s) ID No. V. A rrU PK&* -D A.i 46 % 1 I N6: J Fpm 3 15 1Rev 10. %j N- 'PORT BEACH POLICEID A I 'v ❑ TELEPHONIC ❑ BRIEFING Preliminary Invesli ^ I V DR No. 0GSU ❑VNI GRAND -Qr=FT qq- Location of Occurrence RD Dale 8 Time eported to PD Connected Reports -Type 8 DR "ArsonN 50 YIA OPo2TO 15 / =41.gy O /a0 N/A Occurred On Mo /dy/yr Day Time Mo /dy/yr Day Time StoleMosl Recovered Esl.Da Or Between: �q tl1D g3 4_6 & lZ�.% SA Oo /b $a /Od0— $ $ Last Name (Firm name if business) First Name Middle Dob Age Sex Desc Hgl Wgl Hair (Eyes R,44144P A/1/F02 8¢89129 � -3- 132 fl Residence Address City Stale Zip Res. Phone Bz , sr 2fl3 A p P-k M, 9a1- i4 ,7 951 v ue I Business Address City State Zip Bus. Phone C 4S6 OLUArzD PASAJD4NAr CA 11103 624, -'94 59 61 T Victim's Occupation Victim's Condition Veh. Lic. No. State Year Make Model COlor(s) I 1 M T -A L Notifications- Persons 8 Division Victim Advised of Confidentiality Provisions Per 293 PC? OYes ®'No A, Victim Desires Confidentiality? O Yes ONO Domestic Violence Related? O Yes JP No Gang Related? O Yes &NO Hale Crime? O Yes OPNO Alcohol Related? - Weapon Involved? O Yes d No Weapon Involved? O Yes 9 No Weapon Involved? O Yes Fd" No O Yes ®No Name If Known- Booking No. b Charge If Arrested lust AddlioRal suspects In Namative) Dob Age Sex Desc Hgl. Wgl. Hair iEyes Nap r" f �I Address City Slate Zip Res. Phone Bus. Phone S U Personal Oddities (Unusual Features, Scars, Ta os, Etc) Type of Weapon (Thmats.Fonx.Simultd Gun. Etc) If knife m Gun. Describe: S P: E Clothing - Additional Descriptors Additional Suspects? O Yes C T. (list on Page 2) ONO Veh. Lic. No. Slate Year Make Model Type Color(s) Inside Color(s) Modifications Damage- Additional Desc. Iro Persona Caaes' V-V M R -Re Person W -wlte D P.. P -Pe Code Name Residence Address City Slate Zip Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone Code Name Residence Address City Slate Zip „ Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone M.O. - SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY T IS SUSP.(U »rmers. siae far aea Wn.rt.Ere.) Burg: [3 Force [3 No Force z -_.._. ..._ ...__.__..... —._ —._ .._ __. _..._— _...._ —__ iSupervis� roving� ID No. Investigating Officer(s) ID No. Signature of Reporting Person v A"0*_5og #///� l�� o t a e U k ,8P0 Farm 3 .t (Rev. 97) F X H T ^ 4 pia Nr °ORT BEACH POLICE DEPARTME' Page No. 2 Type of Investigation - G2ANb -rft DR No. - /.oa/ additional suspeds, victims. involved persons. (2) list stolen /recovered property. (3) Reconstruct the occurrence: Include all elements of the . (4) Describe any evidence, including prints. state locations found and by whom. Give disposition. Item No Juan. Article Brand Misc. description (Color, Size, SMOdeI Serial No. Inscriptions. Caliber, Etc.) Dollar Value is PIE: IL. I - 2t665(AAT- 'MA1&D MOGUICZt" Darr sLJv>i, 51+-K � 5-1- gvr7aNS �Zoop -- _J TvsTt 3Z1�oo - 8N /2, # -9 -s 3oif25� V) 'eAllMhJJ pnrTieOgD -7 lrg gdzZ'-Q bill aoolL70, !# Acy-loyf5lJ ti /5 D40-oSS .0`04r U -IAILe ZV,51 DLC 7710 B f' AN.D SgT /T GN A B/Y2 ::�nLL, Vr ,Q,9 e -r-UM AJ E-D �Z0 OSSD Tr14!5 ': Y6 �JJA S A9 iS S/ Ala X- ,¢o,.l —rhw 8 — 57aOC- !-'Ie- `zpj�55 A6A:;gD P4- 7- ;ZVH'6 iP 7-1-� Y R-A.D ty5 / &PAT by4W4 /Z &5 11rH Iv€GAf -71y*' ,YES c1G. ?S. _ K _ v r- 7 fry taw n uJ _�D77�uc7g� 3y 3 A-n- 'r_- M hCA Y-,gt!"S UN u .JC- . s� ✓ic-7 vGbM(T 5t/P12Z—/ AOV Su5pgG' -7 //Vy-drzw1AT/d/J f /uv Ars. supervisor Approving (�l 7-2� ; ID No. Reporting Officer(s) ID No.. V , AND!E- "i r// 11 ,,.�, i NJ- -,Pn P•T• RV A ry Pnr Trc' nAb�Cr_�Fe�ti�t ,➢l, tf unpml _!' Page No. p1 "umber PROs -ERTY REPORT & RECE .:1 aL' 9' 11667 DateiTime of eport Location Received/Found RD Roegorts Property Booked at 11.20 99 .23451 3450 v/A apo2To jCopyn (0+ 01 EVIDENCE ❑ FOUND EVIDENCE ❑ FOUND PROPERTY ❑ SAFEKEEPING BOOK ESTE BOOK TO. 1)VICRM 2)EMPLOYEE BOOK TO. DOWNER 2)FINOER BOOK TO DOWNER 2)POSSESSOR ❑ FIREARMMEAPON ❑ FIREARMMEAPON ❑ PROPERTY WITH ❑ STOLEN PROPERTY DOMESTIC VIOLENCE 5150 & 8102 WIC SER NO. REMOVED BOOKTOOWNER SOOKTOOWN BOOKT(k 11ARRESTEE 21VICT1M BOOKTO. WRESTEE 2)vCnM ❑ MONEY BOOKED Amount: roperry Officer Money Disposition Booked into Prop/Evidence Acct SEE ATTACKED COPY OF MONEY ENVELOPE y: Date: Booked into Property Safe Property Booked To Type Additional Person InvOly ----7 ype (2) DAUB, S AQA H MARK gAd i�`G - : ":� PROPERTY E ° ..:... __ Address Res Phone Address---. =:.� L:`?::` Res Phone 855 5£A Gr uLL LN #A 1010 - City I State I Zip Bus Phone City State Zip Bus Phone NSWPORT NEAGH I IC "3 1) Describe Circumstances Resulting in the Booking of This Property or Evidence. 2) itemize and Describe all Property. List Only Cne Artide Per Line. Separate Reports are required for each Type of Property. If Additional Form is Required. use Another Property Report b Receipt. Item No. Oty Article Brand Model Mist: Serial No. i i 1 1 7r-1G71•TIJUS NS£ 13�'A0.1r�� sUt�s� bi4Jt3�s Q1 C.TLS TZ;s Ala jj_�;IAM'1< i NARRrtTIV-15° naoff' ass T (AsI� T,�tf sayzA ���_s�,� Av8E A rz�F D 7a P,� A 14 I04 AR- A N P Si %_: 1& '2_L',E/JTi�L�_�D f J��2 YL Td tf£ 21 ri�•� 1.}Cri1 1D. 8Nc PRDDUC't5D Am akt Gail Pk\v4r,L t_T-Co S i , Jfl*:Q ( ns(cr-D ICy NTl'FIaTIoN . tJ PoN wmi& TH;jC�N�� t NaT30 TtM>- _pna _I,lJ1i1L: -ruf- t�1f�I2.5� 91c.- fUl2e5 AN •So +t -5 Wer, -[Hp St[11irTJ aN TNT D6 W& NT -D !0 NOT, l !SuSp-f-L7 *D 'rffis _fE)KpTIt:ICIt•TiL,0 u�rS FjpAVOL) iLY payooG—wo (JUFF o hsl5f'o itF i TtF$ poC• i wAfh P-4hkL-- £ '� TNT: Dr --F :T 5TA?zD SF1 1.4AO (lUtaG+>aA-5£D -171113 P0 C IN n p-PI- . —PO #AC -t-ss -A>t 2s `sl 4-'C,�M -s 4e 1AJA6 d,0 J7 Iq �l'RS �� hG� u- iFr�'�.J CDNTkGZf�+ stt�' L�.fkS� 1iJ PosS�sSlorl Or � 129:;5r PLASTIC. CUP OF PINCAPPLa A.r+C ^a-tCm�oL IS S UED A L11ikTlOF) Fog rN�i �111D VIDLA'f/Ot,. Supervisor Approving ID No. Reporting Officer(s) ID No. Reproduced/Distributed by Clerk ll II 0. APOMtZ501J AF D O FINDER PROPERTY REPORT I declare under penalty of perjury that This form constitutes notification of your rights according to 1). The listed items were found, Law. Your signature indicates that you have received a copy of 2). the owner of the property is unknown to me, and this receipt. Please review the information on the back of this 3). 1 have not secreted. withheld or disposed of any part of the property. form for an explanation of your rights with regard to this property. I I `I (Signature) X (Signature) X 48M F" 115 (R«. 10-97) E X H i is l a A NVWPORT BEACH POLICE DEPARTMEvT ARREST REPORT Location of Arrest �o v to fl�n�-ro N.g RD �5 Date/Time Arrested ��.1a-99100510 DR Number 99 -u533 cling Reports by Type and DR umber Videotape of Arrest ❑ Yes +LNo Videotape # Arrestee's Name -#11 Last First Middle = ^.•: ,, i .0N ONLY . RN P, S-Z APIM L -1�. T „ RFSTrD OC# BIZ Z� Charge (Section, Code & Definition) ; e( T ) / 849.5 P.C. CPC. �1- K ISOR I: �P LI B LI C 1W70A M I Arrestee's Name First Middle Last OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 I G c? Age _ Res. Phone 1 Bus. Phone �f4 7/ Address Na:W PORT $£ACH P. D. 570 SANIA SARf3A 9: A City POZ: C-►- State Zip Cap. 1 q 24.40 Witness #2 Age Res. Phone AU-TIF-DILD Lr_r A tA Bus. Phone </9 644 - 3731 dress N:EU_� Po 0.T 13r4 P. D $7,0 SANTA Dik"jkrzA City PVU- 3P01e -'f' $f -ACH State " I Zip '?Z, (po Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Grcumstances Leading to Arrest; Include Elements of Offenses: Note Nature of Evidence and Location Deposited: -p W ?1� } I ST.�D Ag2��2L✓��O �C. NLCK_ �G N t �{5 /.c�T Fp3D_JJI.�.L£ —cnf a�s�s iJ leLt�I_,f- oZ�_su�?1�rt�? t.� qtr _Vt_at�D_Di2 -Zo � N.R. wH Ili rNSiD� —rfi� �- ST+iBLJ�.fjN.�NT — MCKNJS�f+T o�S�L f �E �N. 1�N1 ��£IL�Cr �1LCtyffoL- - -_ICY �MPLO t£g5�.� N TNoUGH �}� CI��LhY�� o8V�U5 gar jJ_�N�_ d? ■Yes No Location: Si r Ap vin ID No. 17 Arresting Officer ID No. V, AN,D1525otJ 111 Vacation Period epmduced q -I -a� I /a. NBPo Form S.f fnw. n.x, VvuTRTT b Ir NEWPORT BEACH POLICE! DEPARTMENT Conti nuation,Sheet nevo FUM 3AS(R�. 10-96) v 0 ` _ L ' - G ► L MAU 1.W _ AND • 0 ar> ,. n.. s L L0 o E• i ..J ►• r • -+ _i - ,z:!. , �.� _. u L • Lb QP—_M is 9 u ►- i A- ► • • G I • 1 i J RUM _ LANE I i I ►� ca► • • :' 7► . vf 0 ♦ ► . . md Z� UETENTION ONLY sor Approvi . ng ID No. —:Reporting Officer(s) ID No. r nevo FUM 3AS(R�. 10-96) v 0 NEWP ^9T BEACH POLICE DEPARTMENT CONTINUATION SHEET ITvoe of Report Booking No. DR Numb 98 t, -� p,e2�5T R�Po,eT � 1s M". law AS IV Serial no: 033142 Version no: 5310 TEST RECORD - REPRINT TEST RECORD 00166 Temp Date Time 'AEAC Air Blank: 11/19/99 00:59 .000 Subject Test: Auto ,` 32 11/19/99 00:59 :17&, Sub jeect ' Name Subject I.D. Operator Name, I.D. Location r,cT�NT'�R1.�LY CE_ivtED NOT ARRESTED PER 849 8(. ) / 849.5 P.C. Supervisor Approving fD No. Reporting Officers) ID No. 1 V• ANPE12so� 111 l 1s M". law Nr`VPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest I I RD D Daterrime Arrested D DR Number Reports by ype and DR Number V 97Videotape % # Arrestee's Name -#1 Last First Middle O OC# Charge (Section, Code & Definition) CPC b4 l CsN -0UCT PU&L -1C' IP -rOX. Arrestee's Name -#Z Last First Middle O OC# Charge (Section, Code & Definition) rttTENTIM ONLY E:..3 Y ARRESTaC. Arrestee's Name -#3 Last First I 'a °.C. O OC# Charge (Section, Code & Definition) Witness #1 A Age R Res. Phone B Bus. Phone Address City S State Z Zip Witness #2 A Age R Res. Phone B Bus. Phone Address City S State Z Zip Witness #3 A Age R Res. Phone B Bus. Phone Address C City S State Z Zip Arrested By (Private Person) A Age R Res. Phone B Bus. Phone Address C City S State I I Zip Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: - -N AK F A-f 1V_iF- t' -- I uJAs QN UU_iF?6It �l] ?�"rl�_i uJ� N I CA�uG D -_l4 6A A--C, tA- • NT TLl1; F.SULZ• '56 —3A-5d7 V A 0PyP-TO NLi t]Pl��CO_FtC1uSSD� �hJ (LNG nt1T 7t1� fS- _ 1 0735�ij —lam E LJo�Sr Lo d f 1t N G_ —L� L Lo 1� Tx 5� t C1y�, 1 N Ft 15 ti t b H T BOTr_Lj5 uJ (T N— W_N/�r -T-0 C,Qtj-rtt:! t) .D 1 N A ?) Alcohol Involved? 0 Yes ❑ No Location: Suu'P'gyrv_iis ving ID No. p A Arresting Officer ID No. V Vacation Period DatefTl q a ptnduced clerk / am .l , NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Arrest Report Booking No. OR Number 99 - // 3,7- lqw GI%yr- uIN,�QN CONSALO 5AUJ M5 Hi5 AT7- t-�ritPTt-v D To C nkir i>41_ TN'£ A. LA55 c' UP 39 Sti I N 0 w(5 BACK 1 6S k?£� MjE I)ELT wPAT WAS IN TNT rUlo &MD as 2v-rPLeF)�, t` I :01f)14 -r <LjLul# -j nu Aa S J- IL-0 V EC- -rn n, f0 C la Ars.yADA. I RSI4-4ED 'FOIQ MN5C:NT -M 1N6PSL.T 74 E GVP:_ A4 I f4kM IN £D IT ' =Pv DCV-T SAI . ITS (,hPTAIIJ M o26 AN ,D11t21A�t; M`� GDN7AGT lam/ TI1� ���. I NDT�fJ +(� 121-SRL-A-YZ12 rAyIDUS S4 MPTNm 0i= ALCa+ tor_ IIJ- rnx(C)IT13N, TNF-�Rs CI-JAS A ST2fl0(2-1 &,DOLL &F AN g�VrE2AC� —rm -rri s; FaoM/ HIS g ,AT E4 An)fD Parle--in h% HIS !►GIBS at�c ..__f3 Loo Q SNaZ UJk?-Prr4�4 4 IlJ AaPPEAZANCc . AS HE sPowg IHF- SWf2RsD It I6 Lumos ?FND SIU7TFiZ1 =D. H>; VJAS IINS'i�ARY WHILE STANDING kND HAD -rQ t z AN esN A l.)V--AP -R4 P,05T 'f'O H IM SrLF. :g2A50w.D (jN H(5 tNT"OX(C 710IJ I 19AS HPARLS Q-*5 91 a-CY T+t AT u t^ o7fl4eQS . 77LAC FD rN� nE>•:T uND£R aI�REST rjor� .D2ut -�u �' btsol2��2+ -7 ens/ PuP�uC II.ITOKICATIDO THE' D,—oz t=T cps -rAKC -.t-� ai.1To (11 JSfoD!� ;4 /nuT INGIDTNT. H� wAs I,AT'E2 ' i'SSUED �Ca�N'(�,J.I Pot JI/�LitTIDYJ 9F N✓�wt _ I��O(- �.OIO� "a�_fJ la-LC!o���Dt.IT{11tiIE12. I1J ?L]BuG. +ENTiGN Q—A" —v rccac^1 yn7 rFRFCT7 PER n »9 Bi P.C. e Supervisor A�g ID No. Reporting Officer(s) ID No. 1. 4!114 NWD Fmm 3.15 (ReJA1 99) N"WPORT BEACH POLICE. DEPARTMF -T ARREST REPORT Location of Arrest C�NT2A -L WA DPDP —T 6 RD S Date/Time Arres ed 11 -5 W 0/a-0 R Number �J //Q Q% Connecting Reports by Type and OR Number A p qAuest Vi eotapideotape pYe s # Arrestee's Name -#1 Last First Middle e--\Iv, R.* -TT , GRAD! sY GAMY # ggZ1 Charge (Section, Code & Definition) CPr,4 - uNK-4 DIS4R2DC L Pd un F17oxrGt7fDhlr Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition Witness #1 CA / 0 4 70° -1 2-1-7/ FKAZIeP- 90151 -5 I4*WjV-'T44 Age 1 2- 9' Res. Phone G2 9�9 3 93 Bus. Phone Address Z512- 65 LvN 57 City /-A lms UJVQ-D State (U4 Zip 110-712—' Witness #2 Age Res. Phone Bus. Phone Address City State Zip Witness #3 Age: Res. Ptione Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest Include Elements of Offenses; Note Nature of Evidence and Location Deposited: — LJRR.ATtV °.- J - - - -_- -- Alcohol Involved? BYes ❑ No Location: V y� TH8 x3£71 GH upervis� ID No. Arresting Officer ID No. v - AN Cr€t?50� Vacation Period Daterri Re roduced Ierk 5 NF`vPORT BEACH POLICE DEPARTMENT ' Continuation Sheet Pa a No. Type of Report Arrest Report Booking No. OR Number r2A2/eJZ AA. ?5 /f-TT- CZNPT /NG �Q /L�ST2rf /N Dgi-7 ;i/= 2S 77- ✓ ntJfiu /N6 f/ /M A- WA-5�. > Cn[J4f� <Fa SV�QS77!S —' �efiGe W4-5 FLuS / D Ati3O HS_ sP /T AS 14,e- -r hW Or- F'7 /r AAJ- 7 IfyU [JS LY -5 LAPPt'p FK7�y /S L/S /h4Nn � ALlJ{}ji pe Aw /1772gi1/A7' ",V -rAC -190 ✓idf/-1 15-da rA /Aj 4&C)fi 2, 7"d, [NV�EST /6A-TE / U-- At AI 2 Z 72.)Lb " =- 7 T A-72�i i /i to N- /S '�/ 'ND /t/y.0 7It/4 7 N /1-/iD s /NVDLV O //✓ AZj,�-1Z1lA7 1QAV uJAT%1 A anuNC.�2 /NS/� Tiff ?3VZZ i-4r- 4AZ /xtFA-> WAS A-:212D+MZ'11V6 :r ,I7/ -V L9! rTlf� TUAt-7 / /IAl i6Y SEOr ?AA✓G p-VZ'!707T AW AV IUJiEN [ SPdK� 7e rJ�T fVg2�7T / ,c /rrrsn A S7T�N6 ODOFL grxj /T%�U -7112t)x4 N!5 7'Y Nf DlL�OA = D A5 H£ SPOk4V ANE k+IS QgDS LU£2E IFrrnr-1£12;EuT. WAS A(.i- rAT-P-D A&,D �2OcJLD NcrT s'fuG AS F19-9 SPOtZ£ I -rH;tcr--S 06S'D Ffr- O 'r T tLj Pz-s ViOSTC Ab YlkNalN& AN-17 N'RO TO S�I(r T HI-s_ r =� 'LOh%TIN ✓ ?l/__`Y mAskrrAw HIS ZAF LAN PF 7y-£LT TN£ t)-t =T U IAA INTO)( � t*-TiD NN D 0OK55 w �AS2£ FD2- F?!S SAFSTY- 1 ARrLS ?E� Q�T �y y2� ?T In(TVI, r NC1r-,-r--IJ"j I L-A -rcrL 1714>tzy£r'*F) 1� D•U,l uiAR2hN'j'- f=op- 'THIS SVFIO 4-Of2-- -'A'' 6,000, i ISuperviso ID No. Reporting Officer(s) ID No. V 5 • Q. AND�fe -6t-J +k(11 N— 'VPORT BEACH POLICE DEPARTMF "T ARREST REPORT Location of Arrest 3 �0 9I A lop 0'4--T0 RD 1.15 Date/Time Arrested 1� G 9g Z330 DR Number 917-11/31 Connecting Reports by Type and DR Number Videotape of Arrest pYes BNo Videotape # Arrestee's Name 41 Last First Middle C -tlNZ A L AQC AO CETENTiON ONLY OC# r Charge (Section, Code Definition) C� =:t� u n PcK 845 B( ) / 849.5 P.C. CPC 6*1 )- VRUN!� 01562i¢ SLY. PU L!G IN-ToC. Arrestee's Name -#2 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 AL DIJ Age Res. Phone Bus. Phone Address 3�sv lIC �F ^� City 'Ll Jr— T ' ter' State ( ��\ Zip �(Z6 C3 Witness #2 Age Res. Phone Bus. Phone Address City State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zlp Arrested By (Private Person ) Age Res. Phone Bus. Phone Address City State IZIp Describe Circumstances Leading to Arrest: Inciude Elements of Offenses: Note Nature' of Evidence and Location Deposited: _NARE?A1lV�: TNf_y_�A-L M,t 5ff0 y A R�P02 T r .1 t`I z;i L`L N IA 155: _E— 3sIN6 �j�olaE ¢5_T U K DIED_ _T? __TH£ (3 V $ Ltij - - -�. 'A h Ts.Q L Cot- jST -A fJT 2� ©VS5T5 `O! t�y1* Alcohol Involved? ffYes C3 No Location: -rN 3�ZL Supervisor Approving VNo. Arresting Officer f ID No. v • AN V E fZ50 I Vacation Period 60 Dlt im Reproduced rk i 99 ')1a � DIME: I I 1 J UI NFWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Repoli Arrest Report Booking No. DR Number MW r b M '*T( rsD oe7FT G8NZAL4�:= 1W nF T)-iE r.3 Z. 1 IVAfASMA'r�L.4 Iic'ro O Stiz •- D)59I.kV _ -ED A NUIMi3�� 6-� O -r.scmvt SuM'p -M"5 11F Nt_ry)U0 t.J- nx1C�4itf1N• I nr&o A. 12 -ro -OM r- 0 Inc P- hs Ah1 PLCo!loL1C ��J$�IiL� ¢ -m i-r- riP(T .<r�oim N =K- NkQ ;YcS tlls_R� z�D 13LDf7DSH D ( UwA-T =YLI • trFfF cN ttil`S TILCK- 44 S1_UK12$i� 1 1 Li' mot'•= JwS 1,11-1 AX +C-AT=rD -r'•1 1 ;t` Pow-r !-Q llR, e�ld> roU f:i f.J ^ '.iVl L +i"'-'�� sir•i' 7}�.Y'T''� A. 1.1 ii { p, V-LkR;F: 5.-.1 2AL F,gMAL�F-S -,,J/ -rHr fZ� F U.5 n TO L$-PV G 1 11 T H -"I -TA I-T , WAS :vip?NT -roA. -f :tJ- 'r', t!O)Z ;1,1? ti' }�T,511 sHg WAS UI.JABL5 T9 P,sA50N• I 'Fuels -ro[5 C0UDl71pr,3 Lt-300ll, CoMrINtJ =. ANt> lf0125", 1 A2r- t'ST:s n !:�f;=T' ('- UAJZ4_55Z. --5H;: LL1As T,4 -S+N IN'ro cy6TODY UJ/ OUT Mc, ODE N-T i.r-1D g.P,D. --jN L t r V f , s�. c Y?J .K n Supervisor Approving /l!�/7 ID No. 1T% Reporting Officer(s) ID No. kNpv—RSOI�1!f! NBPO Form 3.15 (ew. 10. %) N -WPORT BEACH POLICE DEPARTMT- 'T ARREST REPORT Location of Arrest : RD Oatelrime Arrested *5� V/4 t7pa2zfl ;/S // 5 9 t booConnecting Reports by Type and DR Number Videotape p Yes 'Arrestee'sName-#1 Last First Middle t�Tr Charge (Sectio , Code & Definition) NOT Ar:Rc ' K— PC. DE =,hED GP�G47 ) -��UNK DI�ZD � r1JL3U'VPP A' a ) / Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition) aArrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip Witness #2 Age Res. Phone Bus. Phone Address City State I Zip Witness #3 Age Res. Phone Bus. Phone Address City State I Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State I Zip Describe Circumstances es� Lreading to Arrest: Include Elements of Offenses; Note Nature of Evidence and Location Deposi ted: R Ti; -1 1 0 6-51D —1 T 'J -� OrL � -t:.: -r7! IJ:S -- -- - -A: rte' Y.-c--t4 •1 r4r' r-- :�:} . 1 ": �' ti• :I i+�_..,r, }-r sAc� - 35o a r �r -r_1 wul_5ut�G�t�- -mss 3N_ — >�U-1A `'� - - -- ._L -7NS —D1 jl??- _ f^ r.TAOL - - -- SA -_... - .... .... _.. - -- Alcohol Inv d? g.Yes C] No Location: -T-/JS FUZZ gA/L- Supe o royFla ID No. Arresting Officer ID No. Vacation Period 3 V. AN 1)�-25aN T r /ll�j OateMme Reproduced Clerk NBPOFr 5.1( .12A) A I go Nr'VPORT BEACH POLICE DEPARTME -v Continuation Sheet Page No. Type of Report Arrest Report Booking No. lDR Number -1 1 OG % (1,0finiTrOt -I- l)'POt-1 CANTf+-TIT1G TF- 1�.�FT� 1 h.10"(�D L 57r- ONr, QCO2 a1' AN nLCAK) I l� v �AG� r1I iT +eUM FlIS '(4 Sla-oT AN t7 1LJhT -e12`i PS l S�OIGS )'O T S7 F�1 I r.1 .f.aJ^S 1eff� {�iLj 5'P£ 5c,-4 WA:s T�iIGK �t vP- 24EI0 -r HIE [;?-Pr -= irr h NuNr'S;-�2 nl�r nGGA�.4�loNS 1AF30M -j-C7 -r-) izM9,.F' '7 S r.-1T-!FN( -trS I ASILlE:D ihlf— T7o1=7 ^rn �TAOt�) AND I ;:UMTHtSP, jJ07fT7 N€ >71S1PWN' -E' -rwe (f- lK6)L.T� RsAtMAr0 S- f AND rN C W31174 6 U T ASSisTf.NCe. A Sch OR I .54 M PTOM 4, 01F- k110 Ik01- I N10X ICS T�fJ I s P I h,-?e �). uT'L£D tt1 .5 (N INsI L I Y T? '142 �Drz Nrs !A = —i OoP -S , 1 PTCZ�51 r� THE T >E�'T ttil� (1- 1Ci19stJ'r, IUAS S Ca�TIN� µ1M TO A i_O(IAT10W AGCLos -r Hg� S-repe7 �N H-'r I N'Fa R:M P 17 Hf= HAr> ?n. "-7�P- o r o -VF P r �l -� A vr5r2s�T 1.4�AT +n n! I!fl+ C- / OBSrD NIM JD r-1 -5-AVI -IP-1 MEAL v-e;=r STN £n Rac H-AD -roc U, T D a(, A -1D +IAA= r T AW INe$ rS� X"?" / fJ�' T.�y r ,rjci ?'.Y.6} T /i� � ✓f� /L c7 JC"= _('.� %= [! =T!=t%; T In-M ON't Y DEEMED NOT ARRESTED par, E✓49 B( j / 349.5 P.C. ;upervis r A nng/g�� ID No. Reporting Officer(s) ID No. 'J . AwDy MIS 4tj 111 SM Pam 3.15 (R., lo-%) NrWPORT BEACH FOLICEIDEPARTMF "T ARREST REPORT Location of Arrest 345o J!A oPcrL 70 RD % Date/Time Arrested io.29•�91o/ZS � Connecting Reports by Type and DR Number Videotape of Arre❑ Yes 1&No FVideotape# Arrestee's Name -#1 Last First Middle -DM ON pS0/✓ r20E)2'j' Charge (Section, Code & Definition) C-rG 647 ;- -Dp.uNK 8G2,✓ IN ?bX• Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition) DETENTION ONLY DEENIED NOT ARREST, ED Arrestee's Name 43 Last First OC# Charge (Section, Code & Definition) Witness #1 g ¢r z 6q'? :sT;zA-r-rvN f DOU Gt-.A s ALL A N Age; 03 Res. Phone Bus. Phone q 673 4:1,70 a Address 0590 '71 6PflS£.c, vvr-D- City ! SN JUA't-i ch PC) State CA- Zip q X75 Witness #2 ge' i Res. Phone Bus. Phone Address City State Zip Witness #3 Age'. Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Des vibe Circumstances Leading to AnesC Include Elements of Offenses; Note Natilre;Of Evidence and Location Deposited; N A IZ RkSI V fie° !; - t ng5`i2 Buzz' ssc.ua iry oFr- 5 -rrZ^T To tJ �£nco2 r(P6 _ 2r7=1 .- 17nfVPDs01J DUT nF= S0ZZ _ ;4 5c Jf t. 0A -, _ _T—k WA5 A(ZGUWG - -)� T-jzA7(Oh1 tkS He JUAS XfTiNb tN.70K. Alcohol Involved? is Yes p No Location: -rH4 -- e uZZ. Q rHg 6aAr li. Supervisor Approving + ID�No. Arresting Officer ID No. Vacation Period I IDateTme Reproduced Clerk KXh1DlIl NF`vPORT BEACH POtICE DEPARTME14T Continuation Sheet Page No. Type of Report Arrest Report Booking No. OR Number ?�, -,103.;Z-5 7k:; D;F-t=T Pr--r-r� Lwk. TN'I AFiD 5 L ii`W- 5TV1"[1ffp- Li t+;-rN 6PIC A14 tN6, hfJc� t'AD *ea W- MVLiIlfN45 c N7yk�-5. I r7'3 D t+ 15 -F=A cf io-As bkjh5 6L1(�- PsTIPG HfS :g-MS ur--g2£ PAD 4 e wo-0 s HOT 5TewrT0 -,5SGot¢Tf.2 -rwp o:r-r-FT crof rVE IFf%T' 20 0 P4 $Ur -rr= r A7r Mwr$v Ta op rTr i t�� �S!<(IG (N f 1 M Mt � A7 W (2PP A O Tir=f"� ? H;r A, STKOW� o v o tZ � � N �lLC.oFFO Ll L �y;=K� �(�(! ifING �YLOw HIS B�tT'A, IN c4bDlTlbr� "f0 fiil£ P�VrvUSr -`f �(�Vfroa.Y�j .�P'�iPTD�L 4-F Ih17L3�. 1 f<D \)'D M>=T *bMOMOSOM 41:- WAS NOT ALL.9U-3SL) 3USINt55• :�=-o"PADS60 coNFyst-wo , TJtso¢I�M�T D .Arun -rc zf- e- M7g ? 'f}� =h-AT i1 / �— t59LAQ10 12-- Ala e A( �F�Ot_ (iJt3U� D - '-ND -r4AT tfSS /^lAeIr IT}/ 771 FDLLOIJ 5 /MPL� T�12�G7 /DNS PLAGg' --b 41RM IN kArrMS IL AN 1 AOA� TN =' 9EF7 HE WAS yNCkLe- r4 ,Cl2¢S� TN'£ pz P-T = I eD ro CaA P-, ?D OU2. GaMMANDS io tJ,SM /T ''o ' A2ZAST- /I; tN" —fl&T Pg55TV�Ly n� prr/ o/J Y�� s v t3S� ca c l�n�T 4RZ-sr frG C r� v -ry h1 A r Tti A55 1,57 GNC /N "ilk D*�fi7. / r LT r e��J NT Oar• /CjrS y}%1D ✓bT ,F�tlrD/`G�71i/ W!E H"DG.UFPE�D THE S�Er-T ��! OUT ��1,_JSrNC fNSU(Z{ Tn L41 M, H'!r_- 4at\5 -C=ygNTUAL -L-r - rQnr4sl� Q-r£D TO N319D �o(z P�G�ssfNG low Supervisor Approving ID No ec- C tr I 4h41 Reporting Officer(s) ID No. V , AtJ D*; R.Sot -1 NBP0 Foee ].15 (Rev, 10� %) N °WPORT BEACH POLICE; DEPARTMFNT ARREST REPORT Location of Arrest 9 A RD Date/Time Arrested M-1-0-T 0 5 DR Number X1'i Connecting Reports by Type and DR Number Videotape of Arrest lvideotape ❑ Yes gNo # Arrestee's Name -#1 Last First rNSLDitJ -S iDW . Midrltet_ ��Tt� ` �(rLy ENT 0E_ §EDNOTAAP.-cZT2D OC# Charge (Section, ode &Definition) C-PG GA - ZyJp pth5d a U45.5 IJU 1G (NTH i- Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition i Witness #1 A GJa -15 1AJAYN� Age Res. Phone 1- "45I Bus. Phone / 73 tf 7zYJ Address City VIA L)/0O12 -no .�J+f.(//.�IZ� $e-H State C%f? Ziip 7 76C-1 Witness #2 1 Age, Res. Phone Bus. Phone Address City State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age. Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Indude Elements of Offenses: Note Nature,of Evidence and Location sited: 19•G9 -'a o- y6�oSB - -- - A-79-0 L. AT D16S41R54�i� tAjr-A;� - tLfoN! -P (L,3 tom._---- - __TR�¢�1C flUT OF T +'1'� � -LZ,. - ?mil -SO J rA ooc?r�7o -- ----- - - - - -- _ Gt+-wV�, -- - - - - -- _- - _. - -- - . Alcohol Involved? gaDYes p No Location: $t)7 L/ T+a� $ pCt) - 3q-5 J V f� Of=': r,=-T= Supervisor Approving I No. �erk Arresting Officer ID No. Q' Al`j N --,4 Vacation Period DateTme Reprod d �q1) NUFU Fa 5.1'(Rev. 12 -%) PY 1! R 1' T P 10 4. NVWPORT BEACH POLICE DEPARTMENT �t ohpontinuation Sheet Page No. Type of Report Q N'OS FR(;E 5 pG Arrest Report IDEE,yIED / gq9. Booking No. DR Number q - /Q 2 q5 pEk SUJ'5 P 'rot A S�C.U2rry x gc- AT 1Z4- $OLZ � A,T) JiIJTA(!,-P-P�' D 0&-P7' UJ /NSLOZeJ A Mt) f9£: 60T5/OC 729W Bel /NESS E5gAV7 XJ40- '77� DBFT- ALAS j£ff'7 /N Fr AVALNAirAX -7t 117- l5 .671 4-Z- //) , 7fy' aif/L�S P4," Ar 4 Zy AL/.0 /7'S A-S4Zl7- ,SD a;t-G z7TZo0 cbs'D mil? / AAI=y allzerr 7i/�5 . -rl- 73��T PC.eN�tilL��� e gctl T/mi5' /a-F To H/M SuT, HIr D /UN i No 7N /�C TzccauZ-5? Tk,4 141,4 Gru��+Y ADD �£ �'v�' Tf1£' O�f7 H /i f/T r vim• f?��'n/ c1NG�2 Tf� /r- lA�sSiD THAT /ijs1S .V07 ! "RlV tT4- p2vP�2t✓ PRoUTY ST�//De-D //V fROCCT aP T/-� L£r=T I= J14lL25 �ILaNl3 54b6-- Tif? Z>r-r-T• 9.4o[J7y /TGTD 7Flc DrGT 1:rAV9E 77-f- 4-0Gg -71d/✓ _ T //£ Dr F7 f/Gff /y (f E, Ff =/F /Lb P)ZOUTY Ofo -PI.D N67H /NC TO C'L'/N/lGY• AS I TCO.D 8 X 176-p O D15 PLA lAt pTdAn of hl-c4 /MPA(R -Me NT. T -FT IJJIN5LCUJ uAD E ST ?oNG o-r;,OP- oP_ Afj TLGAL%%ot -1L " VS 1ZA(x �- FM(T7-1"& VG-OM ArS 'F3%lAT'f -Ifc �-yS-S 54�-E �_00�,stfOT / A,- ',n-r:r 2ti 0: APPEU5-b SLE£P!_ -rA£ V*Lrl ktAS le)�rSPJf�StV -�• U-N •�N SPO W-�rN -rte �l AP ?S {\ k�vgr ✓ ^r n 8£ 1 N A, N f. • LI lam"✓= ST)F'(£ • I AkL52> Npr-ED HIS H W-7 80BCeQ V? v� Dov1h�, t ('L A,LcD N4 i tAl ID dJJ Tfl� D�t=TS 3 f�GK }AND itl-50 b1P -;_3=GT��D JA IM C4'F -rl4c Pf1e- M Ises,OUTf TH£ (��T D Q PST "SPaNp I froze rs -rk.15 { I N! aPJ 'T*k -r 'fl 45 pe -FT,'5 R�r+�y tD1✓ W A<5 AtC,61 0 r . fNDVCtD nNA ilia iPX61LITY :-rO r- o! -/,orJ 5tKWI-e AI VL-^C.Cl> NtwA A-T TVLI To HIS l/VA61LlTY To Colin kff6 �AW t A,W 5-7r -D HMA 4'02 t)QDNIk ctN rx) cz f kTT•3MPTi;t7 -To HANDWFF TNT pea F? is u-r, r- FA5SrVg44 iZE5t5Tt^1n' 164 19SOMF1lN6 F2.1(:�,ID ♦ TN£ t,�toT /S r1iLMS tii�R� Sd -MNS45 -r *?,AT PPm0'r4 AND 1 W0, ,p iJrT �t-k� EiIS K2Ms B�HINSD �CS &ACK• Wyi(L£ 'TH£ M:FT .iOtT7- f16ftT, µ a�sr5Ts_ D i1'2R.�ST 51 alts RO J ND AOJD v l L•W r, AUjfff -r-P-oM U V 2I NG TliL5 &L Pc y-5 t. T-A pe.=T w�: ize-t-i- -r' TH£ d"09b, w AllElUE -n, IA A fJYJC WP f4 1 M u u 1 U?= vVQIN 5 s A 2 TAIMEO AO -_- = --Approving ID No. Reporting Officer(s) ID No. 4 Job ("". To-ftj N -VPORT BEACH POLICE DEPARTMF- T ARREST REPORT Location of Arrest RD Daterrime Arrested DR Number 50 ! OPO�TO 15- 9'101 ''11./c' /zo �1 -09517 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # �%A pYes Sallo Arrestee's Name #1 Last First Middle OC# q �>:E F r efi Charge ( ecUon, Code 8 Dnition) DETENTION ONLY '4C Me, —D I DI54Rf62LI CU)1DuC-T, T„ Arrestee's Name 42 Last First Middle PER B( 849 .5 P Charge (Section, Code & Definition) i Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone cool-ID 1 -S• d¢ 325 i.n(u -- Address City State Zip { Witness #2 Age Res. Phone Bus. Phone (2.-ZA I vjiNDY x L -7- 73 9 7,9v Address City State Zip /l5.4L1 'PARi< (1ff GA2Dv'j S"V45 UI Witness #3 Age Res. Phone Bus. Phone i Address City State Zip "'''1 - e A )Li% tO 1 ^ Ait JI1- 11 i /;� a.GFF U} Arrested By Private Person) Age Res. Phone 1 Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: if- 12-- vATI/!t1N$ w S lrSStb1 D 4u,�S_r�n.N Y � A-r -THr- -s1A4 ArT 1oNs -rAr - - - - -- _Tf -QZz ��.f1�_ Gf� �- "'r46 ✓ I A rPP_LL7o . 7 J4 /7n1J_��I_�El- 9lfL�.S — N A-7 ; b%r 30 ^o rL l aA35 �O —�- '�� = - • d1!'1 -7 l .i: 5 ?/41c '✓r- --� -�-' -- Alcohol Involved? p Yes D No Location: 3�j0 UI f1 tlI %g n- It) Supervisors ID No. �losu Arresting Officer ID No. Vacation Period V • 1\ 0 mr- e't- 1 :0) if Date/rime Reproduced Clerk 9 do -�9 0 9c� NBPD Fq 5.1 (Rev. 13 - %) EX IBIT J tq NFWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Arrest Report Booking No. DR Number -TVj \1K11rr'lhRM-,w-t :5 c -UIZ iTV e5411 wfsrYL, 617t`MklTING Zo 9FSGO/i7r rte- oFF 71, � g¢xwrl SE5 AND S Nt ru X S /L�51 S ?rNG vs/ A-��VipTlNl� ?o �rJ�;+ N�/2.. UJA� j"ttnodGA � r�€ SGT a ,1.5 Also yaELL/AIG P=4;:WN 'y 1- �VTUl4/3L_`4 08145 rys_ v��Ff DU /G L' L� 1TY AT 7lf _ SfC�J1ZlT� OTC /C 2S. Tyan/, ) TO S5C92T HEL 6EF 7/1 P"Pg'2'TY Bu% rL i-S//� d Tiff LYJ02. /,v /i�7✓ /Za- /Ewes . / STELA J f= O2Ld1a?I� , P °r-O 004 160r OP�GL. TO THE Di'F, T ANC DI2FGT£D Hlorrl or-.F THE Pao1<£YLT -( /LS i t 6Pc14d;-9 TJ TAB Per? 7f 572oNG Opo2 cF AN Rt-co4o4 /G_ i -rr,KG -Farm H5:2 ag-,P-rATN J QK nrJ 3LOODS 14,07' AA//J <IAQItpy IA/ Iiy7G= 'rA- �J4NGZ� VUPE�J TNT Qe-FT e/-)AS PND S Ji� A.F> tji-pA/T sF -Vj ja 'PAL 5rDgg dF t-<iz rL%Dr/7H cAV5m A IroA -m T(+-AT SHic Spzhy]15�o yjp,;EA/ SACAK1N6• ?H4E s+£F T Q A-M 13 4 &- 0 An 5 H.f SAG aC- . SJ4$ !/JAYS / ru PLa 7 /OA/ L O L/ L- p " / / a £R50AI. /T LUifs fit/ /D�IvT �rf-a -� �� Gte>LD7lC.7 :UiFS lrL�o /+OL MECA"16 CANcExA/c/J Foje I�FJL Si}�ETY', m4ie !]SGT S N /b /✓ GDOL 94ffX'V O Oita r lJ� HZ-n- l t'J:Z Z: f'T /6/✓OK iIE7Z_ 4A/ ,D ,IjC'r=A ✓ -2J.1I6 )6gu,lNG A7 /' � . i545F -D d Fr /#72- o6v/D L/S 4t�g /NToA IGt710AI rOVO d;E/2 /NAB /LlT(f To Cd)ft PyOL A�X, T11£ .-7/b orl J715DRi7$2Ly Go/✓b[/L7 S 1! /ice T hA/ Ti1r D.4Nt'45 FL_4012 OF 714% Mr-T1 DETENTION ONLY DEEMED NOT ARRESTED PER 84 � . Supervisor A iasu ID No. 7�01111:49 Officer(s) JDafz,50KJ it Ill ID No. , VBPO Fpm 3.15 (Rw. 1O96) N -WPORT BEACH POLICEI DEPARTMENT ARREST REPORT Location of Arrest RD Daterrime A70110 sted OR Number 3-1-5-0 \/I,& o POZTO { 5 0910q 9zn5 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # N ❑Yes IbNo N / Arrestee's Name 41 Last First Middle OC# TAsg£LLI PATRICK A ,.,,41 Charge (Section, Code 8, Definition) _ " -' "`= C'+ ;'se -: DE5N1ED NOT aP.,--, cPG (c47 - t;U K p+ DlzmpL PL1ISUC IuTnCrcATfON -P✓:R &458 /:149F ?r Arrestee's Name 42 ' Last First Middle OC# Charge (Section, Code 8& Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Agee Res. Phone Bus. Phone JU PAK a'26- -/5 — 6-734700 Address City State Zip 3450 UiA O Pof' -� ) t�wP�L7 -3�Acu Witness #2 Agei Res. Phone Bus. Phone Address City State Zip Witness #3 Age, Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age' Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest Indude Elements of Offenses; Note Naturesof Evidence and Location Deposited.- - - - - -� AST =� ° �, -- --- - - - - - -- -- - -- -- 1 oFG _S —L WtS ��! +X1= 1£_D£1"Ar I_yD� SrCj_CL —_ 4��T QI. —.AT- — — W 1-1g 14 t o $S D *T£ T �EL?S =LL I. - a -- _. Isµr`tENT ,,Q AN ,pP�tJ ---- ��`-- '�°.A1'z -... -- - - - - -- ---- - -- Alcohol Involved? aYes Ci No Location. Supervi o roving ID No. Arresting Officer ID No. Vacation Period ` A N D 'z iZ Daatt fine eproduced Clerk ` (1 2 S N8POFmn5.1 (ikv.1Z - %) FX RT T R T r NVWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No' . , .�. •' n L r' • • ♦ 1 ✓ . - . ► .r ► 0011SOM -T'9!97 i' . 4ts r4 _ i a ♦ / • L r . 7 c • ' 1 rl • mr--r UjAS VN.Ati LC if 11-f -�� .c - - y ._ _ •. +/ ' • .VtlYU hOIT ].IS (HN. 1p95) N °WPORT BEACH POLICEI DEPARTNIF"T ARREST REPORT Location of Arrest 3434 W A OY'02 ?D RD Irj Date/Time Arrested 25• a9 /OZt b DR Number aq- nnecting Reports by Type and DR Number Videotape of Arrest p Yes ANo Videotape # Arrestee's Name #1 Last First BV TION ONLY AROYAN t M ASE LEcliED NOT ARRESTED Charge (Section, Code & Definition) C.PC (V47 - i�RuNk DF50A- M r-L q Puajc. {N4fl%- Arrestee's Name -#2 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) i Witness #1 DFFtC9:P— PSA-k-bS DA 00 Age Res. Phone Bus. Phone -!-E1 (.441 3117 Address 877 SANrA -,5A.Z 6A ?-A City N3. State CA I Zip CtSV(Vt Witness #2 1 Age Res. Phone Bus. Phone Address City State I Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By Private Person) Age Res. Phone Bus. Phone SO Address City State Zip Describe Grcrrmstances Leading to Arrest Inca-de Elements of offenses: Note Nature of Evidence and Location Deposited: — - wz'P,riJ'51 r — ON -rHf. Gn.o u N D A D T -r o A. -ptw z g Aa W N L—_j erg _A_ -.E —_ _F � T 1 =rtetM Ri —f-A— U I S A P LI Dt71 $ flab t _rc A -5 Took —OV .Y? T1 -- t2b_GsaN I ov$ Courn SN1 -F-F- Ar .5-r" N& C :iC2 r? — h!J $L -.CQ1 aLt'C— - _ Alcohol Involved9;9r\Yes ❑ No Location: vZZ Supervisor Appro ing ID No. `/ 3.4, Arresting Officer ID No. V AtJ f ����„j (j(�.' Vacation Period I ,L� DaterTlmeReproduced Clerk nom.'. t�.,2..) lu 0 N°WPORT BEACH POLICE DEPARTMENT Continuation Sheet zage No. Type of Report Arrest Report Booking No. DR Number �_ 7 wlhR n) -TN D£F--f IuoKB up 4Is 50Cy-10H WAS - 74416 141e s V -Z S RLOnt) 5,40T PcH h HV- u]iAS i i U s-ryEAopj iIjAJ,e 6'?ANDIN6- THE D£>=9 flip q-TAT$ He- H-A> OX&jaaD 79 SLEr£ iW -rN(5 A2:EA 9;CmCA05€ !+-r- IvAS ?do pszut1t, j XRRSS"P£ -D CX"T AgoyAr1 Dt1E' To HIS itJ'Lt�xLC D S'f+�"FE ulc I0h6tLITj -re() GRF- fop ft(S 5AFgTY� TRANSPorz't�D TD WT>P D Sk(L• 14H)l--= 10 ►2DVTa' TA TNIS LACR'(ION '(Nc D - r - r - T Vomll" PV LF. G rCri t I x'rrgRESTED t1EcW`u ;30 pLF b4, 0 f� supervisor Approving �0— ID No. 11-3d-- A Reporting Officer(s) V, A N CC— IZSa N ID No. I C I Fame 345 N °WPORT BEACH POLICE DEPARTMF*'T ARREST REPORT Location of Arrest 450 NIA OPORTO RD IG Datefrime Arrested 725 9 p)99 R Number -7328 Connecting Reports by Type and DR Number Videotape jideotape 0 Yes # Arrestee's Name -#1 Last First Middle G414RK STmU -O�tS� � TENTtON ONLY I s Charge (Sectio+�n, Code 8, Definition) PER 849 8( � ) % 849.5 P.C. C�pd- too I W — kylo RL. u;st'(C w=x' 3 Arrestee's Name Last First Middle OC# Charge (Section, Code 8, Definition) y Arrestee's Name -#3 Last First Middle OC# Charge ( ection, Code 8, Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip Witness #2 Age Res. Phone Bus. Phone Address City State Zip Witness #3 Age Res. Phone Bus. Phone ;. Address city State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses; Note Nature of Evidence and Location Deposited: DN TN�J_IS ?�D_ �PrS£�r�f_� P_ 5A( _?ezS_�— l-- lll:�p�_.k_�?1_b.N�D T_4--.-.------•-- - ��L�DD-- Fj.L�`Ltifr7kfL ----- �Z— iiSD.lJT 01 00 - 4m- t3,F-_—lVq - T_R16_jh eor _ 5.[ t�t. 3._._ QGLas _S_ReWI--- '(S±.15-- .-- ._...._. - .!- AGA7l�►f ._._� ?---- �H'E.- -B?tS� 4' F--- �=— �fi'f�12._'i�OVN ?�klls.. - -- ------------ - - - - -- - -- Alcohol Involved? 4prYes p No Location: $(JZZ Supervisor Approving ID No. Arresting Officer ID No. V , AN DO—= 12SZ)t'J ' t, 1 Vacation Period DateTme Reproduced Clerk 2- as- -s?, L)6 NEWD F. 5.1 iR . 12. %1 K Ix H -1 H I 1 0 NFWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Arrest Report Booking No. OR Number TH£ M)l-L£ PuP+5 tWLWWC� 6N TO THIE 1��MXL�F tJ440 NAD N AAhm n yam F41 S s1�-O U LDr t- , -TNT. I O £D As pe-FT Ll -A'RIL APfp- rmagc) =-�Mf- CON 4.o VS I7l~r PS M1 -ZS !E% ! cC7N'me -r-a -D 'i1VASESUt31 X75 -ro CMC V,. -Ms r4m-,F- s7AIlEb -ro-lc - :F�xuF- R-Ap loo MUCH 0 VIZ INK --S7 W S cooffic> TO Th L' £ rate , F {.0• tip P.,org cA R4 I N G ^r-N-C p nil Ytt�< -ro -TRI5 N4---A P &k j TAX( c-r,1 tip. kS 14ZD ^rH-.Zr- M ALA I-F }GNAMu1 -T ?k- VynAA LZ c� (+C Yt�PLty:o w-e o(DN "T. / Took Df-�r%i GLA121E i4wA-i .zl"m TF+:f— M N-L-M 5Uk-5.{ UNTIL 1- COVL.D tNV£5T( bA-mg 7tfis M h- T912 V::tJ W--T Ffs t2 -1 k- t>>eVI GIE C,Ikwt•E 60 t yr o rL O US AND IT 1Z£bUlrLeb PlFG P6 r-, -0S ASSIS- 1AWC:C• IN 0QD-0-L�. -ro (DES- rp,A,h1 ti t 014ILE -rl+(S Toofr; PL.kIo- T(1i HNL'a 6Ue,.4 L-Cr-1 TfF£ SCJCNE W / 13E (N ro } D x D . (D��T GL42C )i-AD A- S-TRoN6 nDOr2 h� N-! �LC.8�1-t'Ol.tG- 11£121k C A!�-M ITTIN& P718 0M hNE:12_ Bee -rot 714 (a'£YL 4:'-MS W, 4M-ri r A"61z" 6 Fttf h S Q N A$ V eP n- q rz(6 H:l 0+70---N c N Aoo swtTan 6H-%a SW rE`{r' -.)D Vk�eQ LJ INWr LY. Q(4 S2Vf L2 OCC *SSI L7/N S 4r1G I nS j ",EL- 8a irN C;E 1=yl,, vM A- S$ •hTr,0 E05 r (otN. fJ£�r CLx2vL aiih5 A212gs-r£c� D(rs Td ham !N-rod(ckAr-y-D D 3 e )N IL(T!j To (Aog 'Fo2)4F2 Shrq--'r`, tuHjLg SEW& rR SPaRT¢D -pip N$ Pb -1-AIL- Drz,=T r-L*P -Y, Vas TTY IN61DS T(i£ TRANSPORT�tTroat V�ffiC.t . rl ( Y FFI^hl I RESTED PFR qr sz49 8l Supervisor Apprg ID No. 13J_ Reporting Officer(s) ID No. 1 Q. AN0VE26a0-J 4t f l /' NSPD Form 1.I5 )Rev. IPW) NrWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number __3q-50 VIA 0P02T0 r N.B. 15 -7-23-4111250 99 -7278 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # AYes No ((ooaLO Arrestee's Name -#1 Last First Middle OC# PIAN'1-C`Up LISA ArNo DETENTION 0&u,,, v Charge (Section, Code & Definition) DEEMED NOT ARREST D o-Pa 647 - DILuNK 4 D ISokoir -LY /v.,5, re wisi4c f e4a-S P.C. Arrestee's Name 42 Last First Middle OC# u6 �.weN , 1 SA M N _I: DETENTION! . .. Charge (Section, Code & Definition) DEErv0; 1 t;) PER &49 B(2- L fo4i N'� A1502 pL�r3[ -1C Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) Elm Witness #1 Age Res. Phone Bus. Phone Address City State Zip Witness #2 Age Res. Phone Bus. Phone Address City State I Zip : Witness #3 Age Res. Phone ll Bus. Phone Address City State Zip Arrested By Private Person) Age. Res. Phone Bus. Phone Address City State Zip Describe circumstances Leading to Arrest Include Elements of Offenses: Note Nature of Evidence and Location Deposited: PARR VTW S : rr -.y, AL.DEIJ S;�R ""yam QfJ � G lrOUN�O ?VS.t 6UT51(� - - ?E(� _g u ZZ. (B1�I? _Y �_D �TS_)sl fL`6 S `it T' � DlJ Tit£ 'BRAS+} jjV4^PST ,P— I=kMP. — — �.�?— w- R���►`� w�_ c -?�1N� / 1�— � ±�_P1A.N�L!- L— �_P_P.t`i�R�a_- -tU __ 6- LSD----- - - - - -- T `j_D�TA � Rr UNSTR�� rte tR V_Vill J.0'D.. - - -- _.TO125.o5_SWPf Alcohol Involved? Yes ❑ No Location: PJ U Zz Sup ervi ar ro g ID No. Arresting Officer ID No. Vacation Period ANy��.rLSD/� -) # -iliy- r/ IrgX I00 DatelfimeReproduce Cle.5k 7 -:211-99 c5555 Al J NB Q Fans 5.1 (Rev. 12 -96) L x 11 1 L 9 ■ oV NFWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Arrest Report Booking No. DR Number 99 --72 7 8 . -zom slog -ro sitg w it z -mg P15 -PTS 611-r-e£ A +.-LDr I AL.St7 o85D C%Iri Pr+ANSLU PL ACS A CIGAK5 -f T£ iN +faEYZ rAt�tYttt. 9F•I� LtT A LL�eNT�r /ENO UUl�S l!P•rI!-Q�f� Tu LINO —nl0 ND bF -t 14X2�TT IN O__)�£t2 7n 1-16147 IT. UP&O CtnOAIe.TING Tiff po—,�r-TS, I j`gaa 01S'PLA`t D Simi1 t412. sy? *A-rOMS bf ALC440L IN Can , DV.r-T I,e fA \L.t>y—:ls PFAD k 5'Tt*ioN` oDoti OF -At4 ALC.Ok•kOtlC, 29:`,FOIzA`4,31 MiTTlN� -F�R.oWt I-,9k $Q£•ATM' k;W £1'�5 IjiflC£ F3tocDSF1Cf[� I-f-F—R- r-ACZ _ s:Si+S PLOStV�D ,4Mfl SNP rFVNI� H�t� I.49EPcD (?s�P:�J'�"C$�L`i, 'DU121N�+ h t3721.�F cmN��S14TiOrlf�t Nt7f�D }t�.YL 5 "^C.{'f U,7N.S ?y1GsC yJ.lp RT TIM>£S C:OJLDN'T B£ uNL�)ZSTOOD, :rgn ner-T 4Th'C;rD 71}yC slims iuAS Float oJT OP sTh ; E., WAS S- M'? INA AT N ""OLI1D64 iNJW' 8U -r Rik-ID No MA_ -FANS i N rf1141rFi -ro 64T r Ttf�RT• Df �PN£LLIS B1t�hTfiWIR"iED F4 STRONG o0o12 ol= fh:fJ fYLi.O Wour= ew.%A:chG , gg :CL ff,':J r5 LLfgax- iz£D & U-JAI A . LSo STAYTW-o 6k+ uJa4S Fr"M OL1T yT= -zcwP) f+A,) NO KitaNey -P'Z7 to T $ AGtt TO I-w:L PPM L • . �t FT warLDiriJ UJitS g�(T 1�eW iNT01,IC.14 7SD SD I ADD2,SSED DJPt2T' P!htJSLLI MOD !.NOUltLlD t-�= ?#-,15AM5 WAS AN`!ONEF Tff-PcT C.OuLD ()htt,£ X02 ?Ffztr1- skPyTY. wAFLr,%VS SrMAD AMT -11+1K7L* Wj5 i2:s-; 3�u 4c� P* iyrN PS tNSIDg Y>+*. SAR_ 7T,N -r cnt)j p 1�-LSLOa.T =AinA4 4nMjir. ue -f wK(.RErt was :r-scoa-rV-p Bkekc INSIVE T+f£ IRAQ ZOO R�7U►2N�D SN01?7LY 6tFT4-rK- Wzp T}i<£. — i=zfsNDS i Ri�1T�t?a1TCiJ -fl+g CmNC NS l 4*o ,Fm 5Ayiff'TY wp 10 R.r='C%t2rt Q I A't N'V-LL( R.iS fyN p£ D -rt- s-T 4M CD V GV) Gik2i5 S/rs£O Q9 TRJ6 663 =LTIr a t4 Wi GTOI�f �. OF kLL1b lioL tWZZ)7C D16PLh+[ -A<ID ftiY awat ngEF-rS/ Am Thorp- w6etIUTj -ro Q9 p- roe- tf-L 112 &GrTy 1 AtR2obffgD cio-rw Dm`T5 FoR- na0p%C�OY2 FjzLy G2ND(ArT PUIBLtC. INZOX -rH&7 l rc -12 -rYZANShoI2Tg0 — -•ro N''3PD JAIL feoti pI C,,� -SSlNC L, Supervisor r pg ID No. Reporting Officer(s), ID No. I �� NWD Fa 115 (Rw. 1F95) N -WPORT ]BEACH POLICE DEPARTME *'T ARREST REPORT Location of Arrest 450 V 1A OPORTO N•9 - RD f5 Date/Time Arrested "5 °Iq ,AbA0 OR Number 99-5 ;2,2 Connecting Reports by Type and DR Number Videotape of Arrest C] Yes gN o Videotape # Arrestee's Name -#1 Last. First W ILSUN M p i >s!1_ �ktZL- Middle DETENTION ONLY. OC o ? / [7� J s f - Charge (Section, Code & Definition) �f�C• X41 1 j arc r�r.� ISO 2!- PER 849 8(Z )/ 849.5 P.C. au$u� rN-rbx. t Arrestee's Name -#2 Last First Charge (Section, Code & Definition) Middle OC# Arrestee's Name -#3 Last First Middle OC# Charge (Section. Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip Witness #2 a 11 Res. Phone Bus. Phone Address City . State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Eiements of offenses: Note Nature of Evidence and Location Deposited: t: __1�P_�lf?oR -'TO __ �SY�!t"J¢ 5L'01�.1 rl_Qt'iS�O � 'I7y15 ?_gL�h��£Q_T_Ng Lt 57£D 'S�CLrGIP_T O Mj___b_F _P C.CONJL _�urzs FL��+_�_ S_Ng s'forLrl —SAD t3nCx�9)gTfl _T O' Alcohol Involved? AYes Q No Location: Supervisor Approving ID No. 2 Arresting Officer ID No. Vacation Period Oateffime Reproduced ClerkA►�� NBPO F= 6./ (Rr. 12- %) FXRTRTT 1. NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number 9 — ✓�22 Lo6� FFIS.3ALRtJC� .¢iL(- A,=,A(NtT Mme, I ALSO A s7RAN6 Oi)O2 OF TN A4 N!S fi AV+ — TW-£ C£1 T TO _D Mg u� ww5 !JPST Zn2 Cif /NG i1/crG +<s0 U J r e36= r42 Ji uLZ • LJ-O' SYhTfD µ,E wkS TO (�9 '70 kCAV$ E"orz Ag$INC- _ ?-j p /N'roA .DSCT- U 11 L6 0 IJ .5+1h T2*6= 430V1-'C-4M-5 H,I D BLor,J!✓ �kUEXV7141fJCS OUT fiF P ck0o21(6tJ Ac _ r,-,Z Air t^1 7-0 p6iOTU,t+2 1,,rkYrt4N . _ (,c)?6 w-roX1ChTe-p HE BI'GA -rtir£ UGSr='r � 59n7j!�D TµAT ( WH5 7h,jNy T4;Lsr 13 ^ /z!S 5 1 r3jLr • 1 aI =FtrxZ -p TO <, r H I M A C,ILG 12 ! O `G F� (' 1 t y Hl QV4 :U619n. I TQt_o WM 1 WNS CD1QC..x2N-Pv-D CvrM 1`r5 SAFuETY TWkT DUB 7q E((5 STA Y;r CDJLD No r Ws� 4_£ r-T 3 Y MM 52g�LF- _ W2a teg?L-V£P ?vrk"r !,�£ UMS k, onlV- A T(4em; LAJl -; Z- No 0YF!!K2 FEal,0N15 -r-o Asst sT H N , Dtj�l TO Nrtu !N'COXtCj4tlON ifrS +NA('3(,(r� -ry J.E� �1? �sr5 S7if'7'! �ps<Y$O 7�sT jsj(L�Or) �dR DUSUC, (t-jZ0XIrA`rrlc) 1D.2UNK_ r�+ <OaD:9ZL -4 9rNDOcr r� Supervisor Approving ID No. ' PIQ Reporting Officer(s) ID No. V A-Nozp�5ct-) ll� Hero Form 3.+s (R «. 10-%) N''•WPORT BEACH POLICE DEPARTMF -T ARREST REPORT Location of Arrest RD Daterrime Arrested DR Number 34CO q to pPORTo N•r3 . 1S 5 - 11e•11 0230 q t- 44L Connecting Reports by Type and DR Number Videotape of Arrest Videotape If C] Yes '? o 1•3g 73 Arrestee's Name -#1 Last First Middt OC# `bETENTIt3N ah�L� M U Lb' 2 FtA TT H%W b V (D • DEEMED NOT ARRESTE e Charge (Section, Code & DefiniUon) PER 849 B( ) / 849.5 P.C. CPG t'o�'j - btl:JrJ'+< Dt5ot2n?'fZL Ugt.lC t'� ?aX, Arrestee's Name Last First Middle OC# 00 vg rLT0N DETENTION A O U' F0 /$ �.� 641 L A7TH�W LAKE' .,�_... � r, Charge (Section, Code & Definition) PER R49 B(1 )/ 849.5 P.C. f CPC b47�P)— rt- t7b7C- Artestee's Name #3 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus.Phone cHE Q, Z -9NT 6-gf-Sg 4,? (p Z(, 63 2718 6ZO 94-5 533 Address k ity State Zip °I3 NDoCA C11740 Witness #2 Age Res. Phone q pt/ Bus. Phone G OOW1 Ah) rz 21 e J . 'Z7 -70 g 1 7& 5 -44 5Le ( Address City . State I Zip .4ZAe+O5 Qut,)k"D R.C) . RaAil E I CA C1 [.54 3 Witness 43 Age Res. Phone -7 r 1e Bus. Phone ,•iAMM:r2 J05.JCP4 g. 12 3.ro1 30 q &L 95Z-�' 71 S/ G2v55r3 Address City State Zip aa32 ��lFt =sraE ��- ItUNii14010 gCt4 Ch qZ6?-P Arrested By (Private Person) Age Res. Phone Bus. Phone U a Address City State Zip Describe Circumstances Leading to Arrest; Inciude Elements of Offenses; Note Nature of Evidence and Location Deposited: NAR2RTfu£$ l� _ _- _t`- _�- L£fGE7sY'� `l- _t_Y'Dli•'f•EG YWO MlfCr SUFS.i_5 _.S- b_ARP_E_D _H!S_.___�. -_-�.— - gok_S�Sg9_�a^.Ati� �° r Tgn OK Y>Fg doGYU Fyi�N �(I D 3!f G O V t A OP6(Z -T0, =1.sY ±+gRSThZ €b 1F A5—PL u�� CN$i� 6.�Sw �:uC S._A S_ 21iP•'_-(.._ 80!i+L ?�2_gor�- T•__- �— Q.V�tt H�l1RD_T���r -� - tik11�!NG2- - -'pND .o�33'D__T_!t'tM_.�?��lu►.�G AgoJ ?�1-t� �j.£LL -fD k.= T�.�'! ��Qt`^ 'Cug e•ResJ?_ R..±n__('.;,n!¢,�.__!�s Tr►�y - - -- 1.E -D__.. CF+ A 2 gA . Alcohol Inv d? *Yes ❑ No Location: g t)Z Z Sup�®rAp ov ing ID No.) Arresting Officer 10 No. Vacation Period U , ate/TimtAeproduced g- s`rClierk I �j N GPI S otJ 1 (t'�-' '9% %%oo NBP0 Farts 5.1(R .12 -M) FX ' �'j NEWPORT BEACH POLICE DEPARTMENT DETENTION ACcintinuation Sheet llr -Acn "m nPRFSTFn Page No. 2 Type of Rep;rt E. S49 B(1 ) / 849.5 P.C. Arrest Report Booking No. DR Number Ij;oors AIZAIV AL., I CON OV4 rCD AN AC.-P-A C44�GK Af.ln CA14TNC-Tj—� b Lu l T i4-4L m M grz (SBeu'2 rr{ CyyormAI w gx H-AD t c- rA*4VD �,y% eT Wd Cos- V *%L-roA1 ON Tlt£ GaCxS% w- I I_j,>RLy-4D VP TO SOS•C.T WCOL�)V:-tofJ I or,:;% HIM DISPOSE ON'E G"b -!tA ACNE AOTtLr AR f - 7N2.0WrNP IT- 10 T-0 T4�g 130,Y• 1 wAS P1%L£ Yo C00;f54*1, A '86TTs$ of lVSICVT" ^ rarMPAGr d rL,v ! >i ?SSA 1 F72� Trf�( CrfutD ALSO BE Dr5GA.2mg FiY_ TFt£ SuSVEG-r. 505-f tuooL YZ [on1 K7 -12.00 r4(S Ift-rd.Jes FORT UAAS 160C-7e'1--0 ON 7Hcl VO4f-Ka 44� UlAS tjN +sr>L£ To Ls:ou -3 MIS ITS L't'tti?- AL`VrD Mtp 1.{$ Ikit15 g'g r.1 /tf40otQD N'- 4:!2 kENdS 6o,4TI_'r/k 7Ff£AJA," F4£ 5711Tr-0 ^ ivgN NS To RET21"v� 1 5pom To W 00LVi�9.TC7 I 2Fz , "!_Y.&rJ2lr6 GmN ?ikC i =� Sl rvty Lzw- AT 'rom DOCJLS. MULo_r'li 15'Twi -en i-IA_ WN4G. ou-r ,o/ 14(s r-C + ,0Nt: 'N rJ I S �: V :r"IN6, coovwthlJ ,TNZ yWIJ$2 of -TLif -' Al iagSpoN6BD -so -MAlr, sectx L� �ts� .� IU'INCr N� 7',[N��C G:IJSEl3� �r.0 2Df1dLJ F41L �0(�C ��41L riv,I PcODea•TY. D ICNT Itr+OsnJ �GbVV ►=TOtS dS� My LCE 1 w V or AS J 3oAitj) JAILS 5OA-r. MV Lr-rL Ph 1.D rg oo wi ltnl 1^v R-- 7ofl-;r T3Uir4,cS o " v0Ar KA*- AV�CtJ Jx&zM A PRO u-r10 PJ . -r- 14 pT e- A r C9.Oo1�A.4 +Cso /�Z'�t.v /zo5 a &A try./ � �� l rsj.Pn //✓b C,� NIS AG 5/ 1,aooLVC-O -[00 9159LN -MD TF s.74,T£D sVIMPTOOdS cx *LCort)t- 10-ris, r1(.14T!oN• "4�, ST2et16 oocpa- o'=Ft-) Its- 1flµQI_ UtW-VP -MA,- i,WPAttl1b lmpn A V46 $e£ft214• V415 JYatS t1w -p-E 1ZrDr4:3 rc2D-,tl4rr y H SRC$ W Y,- 'H I_U S&-r -0 5-/ WooLV �jz-zg n� IMP P. M? sD CA W'FU D p.tib e i s o a?0-puz D �/ N1uLCt2 ALSO 1+Ar, A- cTaON& ODor- p�c AN A- C0440L csP-%Mr2 t6E ^M rrnm6p FP-�M tk is g w-e:A -ro HIS r -fC5 s£ILO r �rG:G D 0Ssx. -.P j 10.1 Ytop -p-N -A N cc , %41 � S i$G1k w RS S 7'!f i LQX -%L&4 o . Tim V-.VSiCCe4 IN ['hLi, 1,c j CA aut F=JsC N a N"OE A N S t N s ^7 N IC K -ro �y'T -Ig. 1Q 11 rvl F TO T,.is 12 1NT4KIC*-T -ci3 IN9l05#wrf TO Cl.R£ Pos= Tf4lllli -SCI' I �Fj VS(NG Gc)c-A j006�NT. ! ^e-dg T�� -N-S rfS I)YJOCR, �„j%f`.D�rS1oNS eF LOG /r 47i''� Supervisor Ap in ID No. Reporting Officer(s) ID No. NBFO Fo. a.,s .jo-") WPORT BEACH POLICE DEPARTIV 'T ARREST REPORT Location of Arrest RD DaterTime Arre led OR Number Cw,NTP -4L VI OPMTD tS 5 •l6•gR70015 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # P 1A ❑Yes pNo 13973 Arrestee's Name -#1 Last First Middle OC# -T•0 UJLE A M ode 1£ Marge (Section, Definifan) DEEMED NOT ARRESTED ,PC G47 � — �P -UNIc D1507���! Y 'Li UC W -Tck', PER 3498( 21 /E49.5PC, Arrestee's Name -#2 Last First Middle OC# CHANG IfL I /1 -46/9 Large (Section, Cade & Definition) (�L c +JN,c Ofcp�� y y+V3LIC L)G[ G4 ( — t" 3 l "t r N TOX. P=r AAa D NOTARRESTC'D Arrestee's Name -#3 Last First Middle OC# Charge (Section, ode 8 Definition) Witness #1 Age Res. Phone Bus. Phone gAL`JIN TAMAR0. L`{Nd — 4(-,? -7 70 0 Address City State Zip 345 0 V (A 017OY2-70 N C3 CA °7 T—' 63 I Witness #2 Age Res. Phone Bus. Phone Address City State I Zip Witness #3 Age Res. Phone Bus. Phone Address City State I Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State I Zip Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: Y p jALvlh) MANAG £R_�F_I�ZL.�.F3rt`Z -45b_ VIA - -R` _opO2ta_l- _rg-- - - - - -- __(L -1D � Gat't�•D�w_ o N.k2_Su �3J�[ -TS w�r��N 70x ��A?£_D � - -..�� Fu�-Q - - - - - -- - - - - -- �0 I,t Auk' Kt`3 bt12 . ?+±� R-L _)�r•r? I Fr1=D. - D�F_"C _TO w Lam- .�_...._...- - - - �..��� -? i - -- 4-t-0 t I T -2� - - - -- - - ... -- - .._._.._._..... ____. - ._ .... ............. .... Alcohol Involved? Yes ❑ No Location: Cj' UZZ supewisokAmbving ID No. Arresting Officer ID No. Vacation Period V . A N Da>''s0 0 Dar im produced clerk I I 9a-o- NS90 Fam s.i jsr. Ua l Ail Y" i " 9 no I,- J N-- -VPORT BEACH: POLICE DEPARTMF -7 ARREST REPORT Location of Arrest RD Date/Time A ested ,-5o \jt/t- or-o)? -76, l I 5a'R9 �o►2s eating Reports by Type and DR Number Videotape of Arrest ENumber ves C)No Arrestee's Name 41 Last First Middle O RA, PAQA NA GINo -ja H Charge (Section, Code & Definition) C PG (a A7 _ D P-0 K D150iLy:; --TL /PD 19 r.IC, 1N-70s, Arrestee's Name -42 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section. Code & Definition) Witness #1 Age Res. Phone cty0 us. Phone X1"9 I L1- VI NCE' II-ZZ (�S 33 673 1,4 Z`e /� 73 4Z00 Address City State Zip 2.'066, 30 :Y7 51 N'9 ` iA Witness #2 Age Res. Phone Bus. Phone % 19 R A-T ON 0aL 7-7--7-7 o�—I 2- -1 ='" 5? l 9r* G 3 2�a dress City State Zip �r JU A N ^t✓ji s i.�l Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe circumstances Leading to Arrest; include E errrenis of offenses; Note Nature of Evidence and Location posited: - NARxhTiy —. - - -QN ��g9.�o /zOt}2S /_S5�G2°uTt! i �V_r?ND2sor.1 Ltifz— f° —"T -- .2tjT5IDi "6UZZ,.• �So —' v A, OParz -tor - _scll�.) S__y�L�RR ING g U ZZ� UI�e _SLS>3�_5.— uL"�.� Iz�STrt>Eif� 1iJG .b�.�' i RA'C1ti6t�Q rs,5 z 'tr�`f.__Nirr�� _ttJA_`�_.__�R11Nt_7'�_ —BAYL 3.I2J�G_Lm1G_ -- °S�L1 -I+�G -- -- - - - --- p2JFAN(T ------- P's_..ws_.. WAS_ SLOB '^('�......._- �`7Lc__..._._._.. I Involved? Pes ONO Location. $ Li Zz-- Supervisor Approving ID No Arresting Officer ID No. Vacation Period 11 ( Date/Time Reproduced Clerk J AN MA500 -�L 1 S'd'�1C/ IODS Nr•--'PORT BEACH POLIC.E'DEPARTME�'T Continuation Sheet 'age No. 2 Type of Report Arrest Report Booking No. OR Number q - 39 3 i7-95PT F_APAGNA UjAS NANDL.uFFgD i3 i oFG • tlOOtiT ( Z� Vs -ro ti(S oRVt0()S AColTitT:rED !S-FA-T4 y+1UD P */JD(N(o ror-- aitLit OF "THIS imA7 cR Uj1T ,+( nnILI--gg2 Ibt-D fltMSELF AS A 5SGUt2l'TY OPG V.OPL StIZZ. p.- A1) V•D t +-x coN'TAc,7Mb -rH:t DEFT tit -try Ti- ?BAR C�,N ,1 v 6;F- P•ArZ* -, -- OCCASStoNS hND lPr- 0ErAlrD 8lt✓t NOT "NSUr"jE AhL.C^-04AOLle ON TP �±DANG(s :LOOV- LATgtt, -rµt5 gy-eNtNc ,rW4( DgFT Wits Of�D LJW a, GLiESS r'hjATAf025R. ON 'rfig DANCS "V-V -D IRAPAIQNA -r L£AV;s -r47 DANG'E p'LOOA- , W to l L I.. p.'rTMMPTIED -ro 4�5C0a�' rHg P��T =:t>. M THIS Al2;A TNt= Pe-1=T Z -9SIST;r:tf) ad a '` SUaU IN G MkTeef" rNS Ur- D LUIT #Z S- [I;k'r(7tJ (D'ED JAJN -I LD' AS 0, SEGUP.(Ty OFC./ For $VZ.Z t-LF_ STA7SID l +g o85b -r4%;5 .p:5z =T PUSP(NG MIL LAP- AtVD tzgSPorU> =.t To 1-([5= AID • rs �r' MILL,$O-Z tUziZ6 ABC -ro MV-ST2A1N -rN E' r rN ORDy-rL -ro s•SCOP -7 4(M Omer T {ts P20i' -M'rj. GTE �ApAGNA f�'OOC�tNT -rj- ri UNTtt_ -rum - ri,,At cm=c. Pa -00TY d t o356 TAM• lttLL�ri 5T2f'fOh� GLth1�f� Pt2-0SecUT10 bF b t'T A ?AGNA From TQl55PNS51NG E 5'kTm -LLY. I' kTT�MPT�D r-� tNTi:{ZVll--t1! CEr--r FAnAr,WA L�BOt)T TtFfS M 4TT£✓Z • V UP, ING fAq FN Ug$T(GA -T(oN OR MAPACNAr t D£T£GT =D T+-� FpLIrOJ1tNG �YYd(PTOh�°- U� A.LCZNOL \WroX• 1:F7 ,N Pi5r- i t3l.0 ODSHOT sy�S (+rs -EV.C• LibS u.»rz:—rr "aPTopy 'Ira hpf>- MANC &r I,tiFS S4UAfF? D FOND V4.ZQ:;� uJAS .A S- TaOr,1G Ot>nj OF AN A L & a{!o1.Ic r VLYtAG� - �r�ItTTsTD Ft7.a�tvF H-tS Rtz�1cT(1, ns HE� ST,00,D 64 M� POWC.-Ir UNIT I+;V- 1 -05T HtS $itLfNC� =.r.:U- A- GA(NST 7,4S CAA ti- MOT r--Ok r44 U•SFE lid IUOtJL>7�/Z a�vzrwrNtY F fkl Lt: N T (+sr P_;-r A-] ,w ' f^ A F A c (2 u A 1 N rAN C;F- S 6r- mi a tit =F"T rrr T41E Ft2t =W Bu 7, -rr fr ALL. Lu rzZ 1N�L,;)( , I r--e- LT T(4(!S� 5U8J5 COW-0 N`i ADP-G2UA-7eL`! "P-ia zoe- Tt1 = DEFFT• I)gF-T 2+APAGNA etc I>QUfJK- o - .,jSoF -P:L z-L aNPJC -T puBLIG t N TOX 1 3YcSf h !A � n r<12 _T ON+ -rH;r O Ft S O6VL0 S-TATa of ItZoKICA-T(DN, (4-(5 (NAi5lz(7y -ro CMZ41:* F=OR 1+0 Sari TY 4 ( +(s C0MAkr(v-F- 87,,rj+AV(orL, -; -- - _- Approving ID No. `fti Reporting Officer(s) ID No. / v - A-NOZZSoJam% #11i 0 N- 'VPORT BEACH POLICE DEPARTME* "r ARREST REPORT Location of Arrest RD DateFrime Arrested DR Number D rPr OPDRT�c f5 ! -!1'9 p /�5 99 '9z4s cling Reports by Type and DR Number Videotape of Arrest Videotape # C]Yes VNo N Arrestee's Name -#1 Last First Middle - ! 3 T ' = '- -• Charge Section, Code & efinition) `E= ED N C.7 C. G4. — Dt=UNK Dlso?zc tzL p�+�t.t� lN1,b>c- PER eass(�)isa9,: -RC. Arrestee's Name -#2 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 p:r-fr IC,£2- Age Res. Phone Bus. Phone qA7 L wfs =I I- - 37-30 Address City State Zip S5� SANTA $Aiz6A9 -A ti-a rr 72G3� Witness #2 Age Res. Phone Bus. Phone ddress City State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest; Induce Elements of Offenses; Note Nature of Evidence and Location Deposited: 1.�1tiS —E1L- %lid__ ,3g�o AS�a__P7 C.r`4P -r.J— ?c�— UJw.yk9 ---- -N_bT 'e.I�.. - -- -try -- - - S7 Y -TIF L_' A r ...... -: Nt I u V (Involved? 0Yes 0 N Location: .BO2y Supervisor 2; ID No. Arresting Officer ID No. Vacation Period V. Dateme eproduce T Clerk 770 1 nnru ram a.gnnev. iz -cur 11 V IT 11--n -T VF ©W NEWPORT BEACH POLICE DEPARTMENT - Continuation: Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number 9 9 - 9Z *-5 f� L" 'r0 R -eAL4 TN•E 1 ATf jr2tlNTA1N AyLg# (pi HIC4 WARS I�SS --raA r� 100 " AWP Y I A 00 TAUT -TD oD t2!FR- -rV CVr-Z( t- 4-f t S I r r;E &;E I N G 1)9?%W MOTA /7iJDR a)):' Ikh1 TING, HIH I IW1MgDIHT Ll/ "TIC -Ta A ST/1oN{� OnL:j:otlC FS¢vsrLAG< E-- Mt r rim( 'r -61 1 11rS 'al.0ot%:5 WOT �(i 5., fN r►r A- P PC 41, le A-N Ce DU12 -Nfz, A 4ONV *r-g 'riblJ 'THICa^ rt"n 5L-uR j T) -j-PC T)V-PT AL4p /, 1 AS oN57£AD`( rt)NIL$ STANDING pF-NT7 <iA/Ay.t-']D SA2rY, E FOA14 t1N Q9-7P -o (,A' Is L-y, -rHa 'DST - ?TN -.cb iNnT 148 Why LAC11 z1VING 'T'nr.11(NT Ar..1n TFift', { S(- Mtli[)N /r —mss coo cre dr-D r•orz I-(i M. --r'1h£ tmwFT 111Ar, -1314 HI MS -* Li= r tuA,,, "foWNom, ft QIJrA -cu) (-tArL W rM -iH41E A pri A !ic 5 ?+F D WE (tisty A-W A 17lIN6 T74S jkpg tv A OF A an Tn TJ4 K� H m -ro A 40-reL 4'r a HTU L 9 Pc N DT -eD -rte A'r T' H r2* u r= td9 --rAA L C-Aa�5 I'J rrmt7j-r nF -ac Bft1Z AH "T4 PcF % A.d4o IJO 14TTrCMP7t TO Zi {£/2 4;e-,2y16€S A0SIS0 oN TH£ 118 T��GTttM� 3NwiyT6[ti1S /�� IN 105�1C..17iaN Q15PLA!JE0 L"D t-i Ito"14,I -rt/ ?D of R-V- A;n ff15 S -Are I hw iear-5T� 0 Trtg D£ fm- -r I�d ) - I)20NGC. r; ter- 1,�UG" /IDUQ /lc, /N�O?C /CfF� /ON nrT=�1T'C-N ONLY u UEEMED NOT ARRESTED Ptft 8' 02. .t e- M oving/ �� =��rl/ ID No. Reporting Officer(s) ID No. J • Ai-' �£fzSoN 11 I cf60 NRPO Fw 3.15 (R.. 10-96) E E i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT H. BURNHAM, CITY ATTORNEY, #44926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, DEPUTY CITY ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH In Re: Public Hearing on Revocation of Use Permit No. 3626 DECLARATION OF RICHARD HENRY DATE: November 9, 2000 I, RICHARD HENRY, DECLARE as follows: 1. 1 have personal knowledge of all of the statements contained in this Declaration, except as to those matters alleged to_be true on information and belief. If sworn as a witness, I could competently testify to the contents of this Declaration insofar as those facts, acts, events, and occurrences of which I have personal knowledge. 2. As to those matters alleged to be true on information and belief, I believe the matters to be true and have received information from Newport Beach Police Officers, or in some cases, civilians which support my belief. 3. 1 am currently employed as a Police Officer with the Police Department of the City of Newport Beach. I have been an employee of the Newport Beach Police Department for 2 years and have spent approximately 5 months in my current assignment, which is bike patrol with specific detail at Buzz's on Thursday, Friday and Saturday nights. I have received training in the recognition of symptoms of alcohol intoxication or alcohol use, training in the recognition of violations of State and local law and training in the investigation of violations of State and local law. I am familiar with the Buzz which is 1 DECLARATION OF RICHARD HENRY �6C� I i 1 located at 3450 Via Oporto and is authorized to operate pursuant to Use Permit 3626. 2 4. During the last 5 months, for the most part, I have been working a shift that 3 begins at 4:30 p.m., and ends at 2:30 a.m. and I am regularly assigned to work Thursday, 4 Friday and Saturday nights because those. are the busiest nights of the week. Since the 5 beginning of my current assignment a large percentage of my time on patrol has been 6 spent in the vicinity of the Buzz. I am generally on patrol in the area adjacent to the Buzz 7 between 10:00 p.m. and 2:00 a.m. Since the Buzz opened for business there has been a 8 dramatic increase in the amount of criminal activity in the Lido Village area. 9 5. While on patrol I have walked through the Buzz approximately 15 times. 10 The majority of my walk throughs of the business have occurred between 11:00 p.m. and 11 1:00 a.m., although I have also been in the Buzz on numerous occasions for calls for 12 service (i.e. narcotic overdose, fights and back up). 13 6. 1 have never seen anyone eating, dining or serving food. On all occasions 1 14 observed that Buzz was operating exclusively as a night club/bar. Over 90% of the 15 patrons inside the Buzz were consuming alcoholic beverages in areas other than the barl 16 areas as designated on the approved plans and - specifications, and the license bars, 17 service bars, or beer tables permitted by the A.B.C. I have observed the Buzz to be open 18 only on Thursday, Friday and Saturday nights. 19 7. On one occasion I have observed/heard violations of a reggae band 20 bothering other local restaurants, in that noise generated by live entertainment or pre - 21 recorded music could be heard a significant distance from the exterior of the Buzz and as 22 far away as the residential area west of Newport 66ulevard. 23 8. On numerous occasions, I have observed that there were insufficient 24 personnel inside the Buzz to control the conduct of all patrons inside the premises, as 25 evidenced by fights, altercations, overcrowding, blocked stairways and aisles. 26 9. On numerous occasions, I have observed that permittee failed to control the 27 conduct of patrons entering and exiting the Buzz. Lack of control was evidenced by many 28 altercations and disturbances in the parking lot upon closing, and repeated disorderly 2 DECLARATION OF RICHARD HENRY h 1� E 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conduct by Buzz patrons in front of the Buzz on Via Oporto and in the parking structure adjacent to the Buzz in the late evening and early morning hours. 10. 1 have personal knowledge of numerous violations of State and local laws committed by permittee's patrons which, in my opinion, were attributable to the business practices of permittee or the failure of the permittee to control its patrons in that: A. I have issued many alcohol related citations to individuals who have advised me they were drinking inside the Buzz or who have just left the Buzz. I have observed many Buzz patrons urinating in public in areas immediately adjacent to the business. These individuals have become intoxicated or nearly intoxicated due to excessive alcohol consumption in the Buzz. 1 have also observed numerous intoxicated Buzz patrons in the parking structure near closing time and have issued citations to these individuals. I have observed Buzz patrons leave the bar to go to their car's to ingest illegal drugs and have made numerous drug related arrests of Buzz patrons in the parking garage. These people have also apparently been served excessive quantities of alcohol -while in the Buzz. B. I have responded to numerous complaints of Buzz patrons fighting inside and outside of the club. On numerous occasions, Buzz bouncers have ejected drunk and disorderly patrons and individuals involved in mutual conflict inside the club. Once these patrons are ejected Police Department personnel are typically required to arrest, detain or cite the individuals and frequently we are required to prevent a recurrence of fighting. Individuals engaged in mutual combat are violating Section 240 and 242 of the Penal Code, Section 415 of the Penal Code, and provisions of the Newport Beach Municipal Code. The fights that have occurred inside the club are, to a considerable extent, caused by excessive alcohol consumption, the lack of internal security which leads to overcrowding, pushing and shoving, and the lack of sufficient internal security to intervene in verbal disputes before there 3 DECLARATION OF RICHARD HENRY �'1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is physical conflict. C. The Buzz appears to be generating substantial revenue through the sale of alcohol without regard to the continued sale of alcohol to obviously intoxicated patrons or nearly intoxicated patrons. For example on Saturday night October 14, 2000 1 observed Buzz bouncers physically carry out of the Buzz 3 females who were either passed out or too intoxicated to walk. D. I am also familiar with, and have conducted numerous walk throughs of, the other restaurants in the area. Other restaurants serve food as the primary purpose of the business and generate far fewer problems than the Buzz. Those restaurants that serve alcohol within a bar area of the restaurant control the conduct of patrons, keeps certain areas from becoming overcrowded and not enforcing the occupancy limits, and generally intervenes to prevent physical altercations rather than trying to intervene after fights break out. I have observed far fewer intoxicated or nearly intoxicated patrons in other restaurants with bars than intoxicated orl nearly intoxicated Buzz patrons. A - restaurant that operates a controlled business is very cooperative and implements long -term solutions to problems we ask management to correct. In my opinion, there would be far fewer violations of State and local law by Buzz patrons if the Buzz management operated the restaurant in compliance with the approved floor plan. 11. In the past 14 months I have prepared, or participated in the preparation of, numerous reports of violations of State and local laws by Buzz patrons that are attributable to Buzz business practices or the failure of Buzz management to control patrons. Copies of some but not all of the reports that I have taken, or participated in taking, are attached to this declaration as Exhibits A through E. These report are representative of the criminal activity that takes place at the Buzz. 12. 1 am informed and believe that permittee has violated Conditions to the 4 DECLARATION OF RICHARD HENRY 1� I approval of Use Permit No. 3626, imposed by the City Council on June 22, 1998, in that: 2 A. Based upon my observations the Buzz is being operated exclusively 3 as a nightclub rather than a restaurant. I have observed the following 4 nightclub operations at the Buzz: 5 (i) Charging a cover fee at the front door. 6 (ii) No food service and tables are not set for dining. 7 (iii) Consumption of alcoholic beverages are allowed at all 8 locations inside, including the dance floor. 9 (iv) Portable bars set up on each floor to serve beer only and beer 10 tubs are located throughout the premises. 11 (v) Disc jockeys located on each floor. 12 (vi) Separate dance floor area with black light/strobe features. 13 (vii) Dancing allowed anywhere. 14 (viii) The attached floor plan accurately depicts the physical lay out 15 and uses of the Buzz as I have observed them. Specifically, 16 since January 2000 1 have not observed interactive games 17 and simulators anywhere on the premises. 18 B. Based upon my observations there is inadequate security within the 19 premises, security typically fails to call the Police Department to respond to 20 criminal violations occurring within the establishment until the problem gets 21 out of hand or there are serious injuries. 22 C. There will continue to be excessive criminal activity at that location so 23 long as the Buzz is operated as a nightclub rather than a restaurant as 24 required by Use Permit No. 3626. 25 26 27 jp 28 5 DECLARATION OF RICHARD HENRY �j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed this day of Octo er 2000 t New ort Beach, California. �oc =L'E 00irFYL NaP xt RICH D KEIWF& f:\users\cat\shared\pleading tbuzz\deaofficerrhenry.doc ml i� 6 DECLARATION OF RICHARD HENRY 2 N): —POIDT T?V. . PnT T, TiFDAOTMFNT r TED Z t'. C P reliminary Investigation of DR No. �111UIIEFMTNG � aq El C GSU LEWD ACT .:. 00 -05951 Location of Occurrence RD Date & Time Reported to PD Connected Reports -Type & DR 3450 VIA OPORTO 15 06/09/00 0050 I I ARREST, SUPPLEMENTAL (SAME DR #) On Mo /dy/yr Day Time Mo /dy /yr Day Time StileMost Recovered Est.Dam.ArsonNdism een_ 06/09/00 Fri 0040 $ 0.00 $ 0.00 $ 0.00 Last Name (Firm name if business) First Name Middle Dob Age Sex Desc Hgt Wgt Hair GUYMON MICHAEL KEVIN 9/17/74 25 M I W I 510 I 180 I Bro rEyes u Residence Address City State Zip Res. Phone 3842 SALEM IRVINE CA 92716 (949) 856 -6453 V I Business Address City State Zip Bus. Phone C 3450 VIA OPORTO NEWPORT BEACH CA 92663 LINK Victim's Occupation Victim's Condition Veh. Lic, No. State Year Make Model Color(s) M DOORMAN NORMAL PED Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? 0 Yes O No Victim Desires Confidentiality? O Yes O 140 Domestic Violence Related? O Yes O No Gang Related? O Yes O No Hale Crime? O Yes O No Alcohol Related? Weapon Involved? O Yes O No Weapon Involved? O Yes O No Weapon Involved? O Yes O No O Yes ONO I Name If Known - Booking No. & Charge If Arrested (List Additional Suspects in Nana ve> Dob Age Sex Desc Hgt Wgt. Hair Eyes SALAZAR, FERNANDO J. 647(A)P.C. LEWD ACT 91711966 33 1 M I H 508 145 I Blk Bro Address City Stale i Zip Res. Phone Bus. Phone S 3504 AVE DEL PRESIDENTE #17 SAN CLEMETE CA 92672 (949)498 -8749 NONE U Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon (Thmats,FOU.Simultd Gun. Etc) If Knife or Gun. Describe: S P NN NONE thing - Additional Descriptors Additional Suspects? O Yes LUE SHIRT, BLACK PANTS, BLACK SHOES (List on Page 2) OO No T Veh. Lic. No. State Year Make Model Type Color(s) PED Inside Color(s) Modifications Damage - Additional Desc. Involved Persmd Cafes: V -Vr im R.Re min Person w•Wlness D-Oiscovmn Person P•Parml Code Name Residence Address City State Zip W Coyaso, Rosendo Tko 6011 LENORE AVE. GARDEN GROVE CA Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone 12/17/197 23 M NONE (714)894 -7992 Code Name Residence Address City State Zip Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone M.O.- SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IOFMIFY THIS SUSP.(US reverse vde for adauional nanauve.) Burg: ❑FORK No Force ON THE ABOVE LISTED DATE AND TIME, SUSP BEGAN TO MASTURBATE ON THE DANCE FLOOR OF LISTED LOCATION. i 0 Supervi pprovir ID No. Investigating Officer(s) ID No. Signature of Reporting Person a R. HENRY 1157 t T e r d r' 10PO Form 3A tRw. 3-M) E X H T B T T I ,i1 Ni 'ORT BEACH POLICE DEPARTMEN Page No. Type of Investigation DR No. 2 LEWD ACT 00 -05951 (1) List additional suspects, victims, involved persons. (2) List stolenlrecovered property. (3) Reconstruct the occurrence: Include all elements of the f crime. 4 Describe an evidence, including prints, state locations found and b whom. Give disposition. Item puan.. Article. Brand No. - SMOdeI Serial No. Misc_descript[on (Color;.Size, , Dollar Value Inscriptions, Caliber:Etc7. SEE ATTACHED PRIVATE PERSONS ARREST REPORT, AND SUPPLEMENTAL REPORT FOR DETAILS. II Supervisor Appro ID No. Reporting Officer(s) ID No. 1157 R. HENRY NSPO Fa 3.15 (Rev. ] -98) J 0 N- "PORT BEACH POLICE DEPARTMEI"T ARREST REPORT Location of Arrest RD Datelrr''me Arrested OR Number �1 cling Reports by Type and DR Number -61) Videotape of Arrest Yes Videot pe # ;DL 1� p X No /f%�j� Arrestee's Name -#1 Last First Middle OC# Sf1t,Z�?f? I F JA\//1e72 C41491 Charge (S on, & Definition) }Code Arrestee's Name -#2 Last first Middle OC# Charge (Section, Code & Definition) Arrestee's Name -#3 Last First Middle QC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Syr Bus. Phone Coy A,5o ) w �xo a3 fie- a ti Address city State Zip boll �,� 6&v 641 — Witness #2 Age Res. Phone Bus. Phone ddress City State I Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone ' (.J �1 IiSJ7lc L f � cK Address I City State Zip 3,R a 54C;iFVL2 -.Z � 64 5d7/& Describe Circumstances Leading to Arrest Inaude Elements of Offenses; Note Nature of Evidence and Location Deposited: _ '17 1t1A \C.._1 =�c:� i V J �'"v- S_�— �41.��'`'�`.s_ -�-`_ _._.— ( �- F[•e - .L F.:� -A - - -fit o- Ito (� -,.�. >~K- ;, ,�- stow w 'j=tt ,^— n1-;�. `; '; � ;.r,.c_c.ew.�..-- L;- �•-- r'�:;:' �`— r-- - -- - N A- sty{ . I_r' FLA; t. N A .. I Involved? AY Yes ❑ No Location: " �7WLs:- BZ/ rvis Approving ID No Arresting O.,fficc ID No. Vacationt CF -erg Period Date/rime Reproduced 5.1 (Rev. 12•%) N- ,PORT BEACH POLICE DEPARTMEwT Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number cs';i3l 7,Ll" 47 j r- A t, t r k%,C r=R C I c ip I!, cL f—L Prc P :L 4! Supervisor Approving ID No. Reporting Officer(s) )D No NBPDFom3.15JAw.10-%) F 11 11 NFWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest 3450 VIA OPORTO RD 15 Date/Time Arrested 6/9/2000 0010 DR Number 00 -05948 ing Reports by Type and DR Number Videotape of Arrest ❑Yes ®No Videotape # N/A Arrestee's Name 41 Last ALLEN, WILLIAM DAVID First Middle OC# A R Charge (Section, Code & Definition) 647 (F) P.C. DISORDERLY CONDUCT (PUBLIC INTOXICATION - ALCOHOL EArrestee's S Name 42 Last First Middle DEEMED NOT ARRE4f& PER 849 8( 5 P.c. T E Charge (Section, Code & Definition) E S Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip W I T Witness #2 Age Res. Phone Bus. Phone E ress City State Zip S S Witness #3 Age Res. Phone Bus. Phone E S Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Include Elements of Offenses; Note Nature of Evidence and Location Deposited: ON,1) INF 9TH 9nnn AT APPROX 0010 HOURS OF('RR PRARnS 91179, ANDFRRON 1$1114 AND I nFCR HFNRY i 57 WFRF�RI<IN(: 11NIFORM RICYCI F PATROI WF WFRF IN THE ARFA OF 7450 VIA OPORTO,j�AONITnRING )HE PE<7FSTRIgN ACTIVITY AT "THF RI 17" (7450 VIA OPORTO) WHII F WF WFRF RTANnINC ON THE RIDFWAI K v_v_� OBS'D AN FMPI nYFF OF THE Ri177 ESCORTING A PATRON (DEFT Al 1 FN) OI IT OF THE BAR ' I I FN WA.R RTAC'CFRINC' FROM RInP Tn CInF AS HF WAI KFn AND YFI 1 IN(` nR4 FNITIFC AT THE - niiirrnrioni VERY LOI IDLY IN THICK AND SI t IRRED 4P FCH I WAI K D nVFR Tn WHFRF I ORS'D Al I THE ZOiviM OTiON TO TALK WITH nFFT Al I FN ®YLs ❑ No Location: "THE BUZZ' 3450 VIA OPORTO AP roving ID No, Arresting Officer ID No, R. HENRY 1157 Vacation Period N/A {' Cie fQ�1— "It? 7T 111' T%YM Rr NF`VPORT BEACH POLICE DEPARTMENT Continuation Sheet oyu PSG. Type of Report Booking No. OR Number 2 Arrest Report 1 1 00 -05948 I CONTACTED DEFT ALLEN, AND IMMEDIATELY SMELLED A STRONG ODOR OF AN ALCOHOLIC BEVERAGE EMANATING FROM THE DEFTS BREATH AND PERSON. THE DEFTS EYES WERE EXTREMELY BLOODSHOT AND WATERY. HE ADV'D ME THAT HE HAD BEEN DRINKING ALL NIGHT, BUT ONLY HAD TWO DRINKS AT THE BAR. HE WAS PLANNING ON DRIVING BACK TO COSTA MESA, AND HE WAS BY HIMSELF. I FORMED THE OPINION THAT THE DEFT WAS EXTREMELY INTOXICATED, UNABLE TO CARE FOR HIS SAFETY OR THE SAFETY OF OTHERS. 1 ARRESTED THE DEFT FOR 647 (F) P.C., DISORDERLY CONDUCT (PUBLIC INTOXICATION - ALCOHOL). OFCR ARNOLD TRANSPORTED THE DEFT TO N.B.P.D. JAIL FOR BOOKING ON THE AFOREMENTIONED CHARGE. Supervisor Approving ID No. I.r * 3: a Reporting Officer(s) R. HENRY ptr tEl���aRIECT =v. I)EEMEO NOT FEB 1849 c . PER 849 St 'U ID No. 1157 NF`VPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest 3 0 VIA OPORTO (THE BUZZ) RD 15 DateTme Arrested 5/6/2000 0120 DR Number 00 -04547 sting Reports by Type and DR Number N/A Videotape of Arrest ® Yes [:]No Videotape # 6193 Arrestee's Name -#1 Last First MARRANZINO, JAMES EDWA21:> Middle OC# 9C/j)7 , V A R Charge (Section, Code 8 Definition) 647 (F) P.C. DISORDERLY CONDUCT (PUBLIC INTOXICATION - ALCOHOL) E S Arrestee's Name -#2 Last First Middle OC# T E Charge (Section, Code 8 Definition) E S Arrestee's Name -#3 Last First Middle OC# DETENTION ONL Charge (Section, Code 8 Definition) PER 849 B( 9�j / 849.5 P.C. Witness #1 Age Res. Phone Bus. Phone Address City State Zip Witness #2 Age Res. Phone Bus. Phone W E dress City State Zip S S Witness #3 Age Res. Phone Bus. Phone E S Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses; Note Nature of Evidence and Location Deposited: ON MAY RTH 2000 AT APPROX 0120 HOURS I WAS WORKING I INIFORM PATR01 IN A MARKFD Pol Irp VPHIrI F I WAS IN THF AREA OF 3450 VIA OPORTO (THF R1177) rnNDl1f TING R01 ITINE PATRCI I ORS'D THE nFFT WAI KING EIR VIA OPORTO TOWARDS (-FNTRAL AVE THF DEFT WAS STAGGERIN(, FROM I EFT TO RIGHT AND HAD DROOPY FYFi IDS I BEGAN TAI KING TO THF DFFT IN A G•ONSFNSI IAI FNGOI INTFR I 1qMF1 I FD A STRONG ODOR THE DEFTS RRFATH AND PERSON HIS SPEECH WAS THK`K AND OF AN Al rQHQl Ir R /FRArF EMANATING• FROM Si I IRRFD, AND HIS FYFS WPRF RI OODSHOT AND WATERY I Involved? ® Yes ❑ No Location: 3450 VIA OPORTO (THE BUZZ) Su ervisor Approvi g ID No. Arresting Officer R. HENRY ID No. 1157 Vacation Period N/A DateTme Reproduced Clerk p s,� F V"T R T T NEWPORT BEACH POLICE.DEPARTMENT Continuation 'Sheet NF`VPORT BEACH POLICE DEPARTMENT ARREST REPORT :st OPORTO (THE BUZZ) RD 15 Datefrime Arrested 5/5/2000 0045 DR Number 00 -04495 4ting Reports by Type and DR Number ,q /A Videotape of Arrest ® Yes ❑ No Videotape # 5403 Arrestee's Name -#1 Last GODBOUT, BRANDON MICHAEL First Middle OC# L7gOS4 A R Charge (Section, Code & Definition) 647 (F) P.C. DISORDERLY CONDUCT (PUBLIC INTOXICATION - ALCOHOL) E S Arrestee's Name -#2 Last First Middle OC# T E Charge (Section, Code & Definition) E S Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip W I Witness #2 Age Res. Phone Bus. Phone E dress City State Zip S S Witness #3 Age Res. Phone Bus. Phone E S Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Indude Elements of Offenses: Note Nature of Evidence and Location Deposited: ON MAY 5TH 9000 AT APPROX n045 HOURS 1 WAS WORKING UNIFORM PATROL ON FOOT IN THE AREA OF 3451 VIA OPORTO(-THF Rt 177") I OBS'D THE DOOR MAN OF THE RAR ASK DEFT QODBOI IT TO I FAVF THE FSTARI ISHMFNT SFVFRAI TIMFS RFFORF HF DID DEFT G'ODBOl1T WAI KFD IN MY DIRECTION STAGGERING; IN DOING; SO AND REG;AN TO ASK MF SFVFRAI QUESTIONS I ngsn THE nFFT'S SPFF(-'H TO BF THICK AND RI l)RRFD I SMFI I FDA STRONf ODOR OF AN AI COHOI IC BEVERAGE EMANATING; FROM THE DFFT'S BREATH AND PFRSQN AND HIS FYFS WERE FXTREMFI Y RI_OODSHOT AND W TFRY HF_SWAYF_D ASH RAI AN .FD AND AT ONE POINT HE TOI D MP HE WAS DRl1NK Awl involved? S Yes []NO Location: 3450 VIA OPORTO ("THE BUZZ") �� - =rr = °n• ^ ^h ID No. Arresting Officer ID No. R. HENRY 1157 Vacation Period N/A _ Clerk j�c5(n�aS� ..... .= :.3.98) x//85' PVUTDTM �, NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet DR Number le No. Type of Report Booking No. 2 Arrest Report 00 -04495 I ADVISED THE DEFT THAT THERE WAS A TAXI CAB DOWN THE STREET, AND HE NEEDED TO TAKE IT HOME. AFTER A LITTLE PERSUASION, THE DEFT AGREED AND BEGAN TO WALK TOWARDS THE CAB. APPROX FIVE MINUTES LATER, I OBS'D THE DEFT WALKING BACK TOWARDS THE BAR WITH HIS COLLARED SHIRT OFF (LEAVING ONLY HIS T -SHIRT ON), AND HIS HAIR MESSED UP. I FOLLOWED THE DEFT OVER TO THE BAR, WHERE I HEARD THE DOOR MAN TELL HIM TO LEAVE AGAIN. I THEN FORMED THE OPINION THAT THE DEFT WAS EXTREMELY INTOXICATED, UNABLE TO CARE FOR HIS SAFETY OR THE SAFETY OF OTHERS. I PLACED DEFT GODBOUT UNDER ARREST FOR 647 (F) P.C., DISORDERLY CONDUCT (PUBLIC INTOXICATION - ALCOHOL). I TRANSPORTED THE DEFT TO N.B.P.D. JAIL FOR BOOKING ON THE ABOVE MENTIONED CHARGE. SupervisorAppr ,ng ID No. (Reporting Officer(s) ID No. I I Q� l i;7- � R. HENRY 1157 -II NBPO Fon I Y -WPORT BEACH POLICE DEPARTMT ARREST REPORT Location of Arrest 3W �� oW(ro RD l5 Date(rim Arrested �� olss DR Number a� I7I, acting Reports by Type and OR Number Videotape of Arrest Videotape # N Yes p No 7�/3 Arrestee's Name -#1 Last First Middle O # w� a Charge (Section, Code & Definition) y ►5 o I tom - s i�� -51 Tua2�-4 Arrestee's Name -42 Last First Middle OC# i C arge (Section, Code & Definition) Arrestee s Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 1 Age Res. Phone Bus. Phone b. K&'z5r� 4 lot-6 I - I --- � 6W 371 Address NGD_,.Poe7– 3e -ARd-1�%�� •Z. -Mwts�4 Gty Al�� State (2A Zi' �( S70 5rQ3r4 / Oill Witness #2 ge Res. Phone Bus. Phone dress Ci State Zip Witness #3 Age Res. Phone Bus. Phone Address City State I Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address I City State Zip Desoibe Circumstances Leading to Arrest; Include Elements of Offenses: Note Nature of Evidence and Location Deposited: ,�_r_._�!3s�•n��r�_v,��� _.u/�-- l.r'+�t� __ CC.?L.(— .._.1T_LC --'_ ��iN /_— �,:,43..��.r_.3��..._-�tT` I��•.. _... //7�.r .._GL��. . jjjjj( XYes p No Location: V- Sup sor Approving ID No. Arresting Officer ID No. Vacation Period AY / /s`� N/ e e Dat m Clerk a- - f N9PU Fa 5.1 (Rm 12 -96) Y1.4 Ir " T " T M 1b. NEWPORT BEACH POLICE: DEPARTMFNT Continuation 'Sheet ® .- Number o• .:� -- /AWZ7F e - _�.. I � _ . > �� �I Ate• ,� _ .ate • ' 9rlt kpproving . - • NSPOFomllgR.v.10(a§0/ ' ' J J 0 0 0 f, J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT H. BURNHAM, CITY ATTORNEY, #44926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, DEPUTY CITY ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH In Re: Public Hearing on Revocation of Use Permit No. 3626 I, JON LEWIS, DECLARE as follows: DECLARATION OF JON LEWIS DATE: November 9, 2000 1. I have personal knowledge of all of the statements contained in this Declaration, except as to those matters alleged to'.be true on information and belief. If sworn as a witness, I could competently testify to the contents of this Declaration insofar as those facts, acts, events, and occurrences of which I have personal knowledge. 2. As to those matters alleged to be true on information and belief, I believe the matters to be true and have received information from Newport Beach Police Officers, or in some cases, civilians which support my belief. 3. 1 am currently employed as a Police Officer with the Police Department of the City of Newport Beach. I have been an employee of the Newport Beach Police Department for 9 years and have spent approximately 5 years in my current assignment, which patrol with specific detail at Buzz's on Thursday, Friday and Saturday nights. I have received training in the recognition of symptoms of alcohol intoxication or alcohol use, training in the recognition of violations of State and local law and training in the 1 DECLARATION OF JON LEWIS � a� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 investigation of violations of State and local law. I am familiar with the Buzz which is located at 3450 Via Oporto and is operating pursuant to Use Permit 3626. 4. During the last 14 months I have been working a shift that begins at 1630, ends at 0230 and I am regularly assigned to work Wednesday, Thursday, Friday and Saturday nights because those are the busiest nights of the week. The Buzz opened in April of 1999 and since the club opened a large percentage of my time on patrol has been spent in the vicinity of the Buzz. I am generally on patrol in the area adjacent to the Buzz between 2100 and 0230. Since the Buzz opened for business I have observed a dramatic increase in the amount of criminal activity in the Lido Village area. 5. While on patrol I have walked through the Buzz approximately 20 times. The majority of my walk throughs of the business have occurred between 2100 and 0130, although I have also been in the Buzz on one occasion between 2130 and 0130 to determine, among other things, if there was any significant sale or service of food. 6. 1 have never seen more than 5 people dining. On most occasions no one is, eating and no food is being served. A. Every Thursday, Friday and Saturday for 14 months I observed that the Buzz was operating exclusively as a nightclub/bar. Over 90% of the patrons inside the Buzz were consuming alcoholic beverages (other than incidental to dining) in areas other than the bar areas as designated on the approved plans and specifications, and the license bars, service bars, or beer tables permitted by the A.B.C. Since January 2000 the Buzz is only open for Thursday, Friday and Saturday nights. B. On Thursday, Friday and Saturdays for 14 months I have observed/heard violations that noise generated by live entertainment or pre- recorded music could be heard a significant distance from the exterior of the Buzz and as far away as the residential area west of Newport Boulevard. C. On numerous occasions, I have observed that there were insuffic . 2 DECLARATION OF JON LEWIS E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 personnel inside the Buzz to control the conduct of all patrons inside the premises, as evidenced by fights, altercations, overcrowding, blocked stairways and aisles. D. On numerous occasions, I have observed that permittee failed to control the conduct of patrons entering and exiting the Buzz. Lack of control was evidenced by many altercations and disturbances in the parking lot upon closing, and repeated disorderly conduct by Buzz patrons in front of the Buzz on Via Oporto and in the parking structure adjacent to the Buzz in the late evening and early morning hours. 7. 1 have personal knowledge of numerous violations of State and local laws committed by permittee's patrons which, in my opinion, were attributable to the business practices of permittee or the failure of the permittee to control its patrons in that: A. I have issued many alcohol related citations to individuals who have advised me they were drinking inside the Buzz or who have just left the Buzz. I have observed many Buzz patrons urinating in public in areas immediately adjacent to the business. These individuals have become intoxicated or nearly intoxicated due to excessive alcohol consumption in the Buzz. I have also observed numerous intoxicated Buzz patrons in the parking structure near closing time and have issued citations to these individuals. I have observed Buzz patrons leave the bar to go to their car's to consume illegal drugs and have made numerous drug related arrests of r% Buzz patrons in the parking garage. These people have also apparently been served excessive quantities of alcohol while in the Buzz. B. I have responded to 20 complaints of Buzz patrons fighting inside and outside of the club. On numerous occasions, Buzz bouncers have ejected drunk and disorderly patrons and individuals involved in mutual conflict inside the club. Once these patrons are ejected Police Department 3 DECLARATION OF JON LEWIS v� � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 personnel are typically required to arrest, detain or cite the individuals and frequently we are required to prevent a recurrence of fighting. Individuals engaged in mutual combat each are violating Section 240 and 242 of the Penal Code, Section 415 of the Penal Code, and provisions of the Newport Beach Municipal Code. The fights that have occurred inside the club are, to a considerable extent, caused by excessive alcohol consumption, the lack of internal security which leads to overcrowding and not enforcing the occupancy limit, pushing and shoving, and the lack of sufficient internal security to intervene in verbal disputes before there is physical conflict. Internal security personnel have advised me they are routinely unable to handle the patrons due to the large number of individuals and the large number of intoxicated individuals. C. I have discussed my observations and concerns with Rick Cahoun, the Buzz manager, during many of my walk throughs of the Buzz. Cahoun/ has been cooperative in a sense, typically corrects the violations at the time requested, but the violations reoccur :week after week indicating business practices that do lead to fights, drunkenness, disorderly conduct and disturbances. The Buzz appears to be generating substantial revenue through the sale of alcohol without regard to the continued sale of alcohol to obviously intoxicated patrons or nearly intoxicated patrons. D. I am also familiar with, and have conducted numerous walk throughs of, the other restaurants in the area. Other restaurants serve food as the primary purpose of the business generates far fewer problems than the Buzz. Those restaurants that serve alcohol within a bar area of the restaurant control the conduct of patrons, keeps certain areas from becoming overcrowded, and generally intervenes to prevent physical altercations rather than trying to intervene after fights break out. I have 4 DECLARATION OF JON LEWIS n J 11 11 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 observed far fewer intoxicated or nearly intoxicated patrons in other restaurants with bars than intoxicated or nearly intoxicated Buzz patrons. A restaurant that operates a controlled business is very cooperative and implements long -term solutions to problems we ask management to correct. In my opinion, there would be far fewer violations of State and local law by Buzz patrons if the Buzz management operated the restaurant in compliance with the approved floor plan. 8. In the past 14 months I have prepared, or participated in the preparation of, numerous reports of violations of State and local laws by Buzz patrons that are attributable to Buzz business practices or the failure of Buzz management to control patrons. Copies of some of the reports that I have taken, or participated in taking, are attached to this declaration as Exhibits A through G. These reports are very typical of incidents which routinely occur which involve Buzz patrons and Buzz employees. 9. 1 am informed and believe that permittee has violated Conditions to the approval of Use Permit No. 3626, imposed by the City Council on June 22, 1998, in that: A. Based upon my observations the Buzz is being operated exclusively as a nightclub rather than a restaurant. I have observed the following nightclub operations at the Buzz: (i) Charging a cover fee at the front door. (ii) No food service and tables are not set for dining. (iii) Consumption of alcoholic beverages are allowed at all locations inside and outside on the patio, including the dance floor. (iv) Portable bars set up on each floor to serve beer only and beer tubs are located throughout the premises. (v) Disc jockeys located on each floor. NO Separate dance floor area with black light/strobe features. 5 DECLARATION OF JON LEWIS h J 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (vii) Dancing allowed anywhere. (viii) The attached floor plan accurately depicts the physical lay out and uses of the Buzz as I have observed them. Specifically, since January 2000 1 have not observed interactive games and simulators anywhere on the premises. B. Based upon my observations there is inadequate security within the premises, security typically fails to call the Police Department to respond to criminal violations occurring within the establishment until the problem gets out of hand or there are serious injuries. C. No valet parking service is offered. D. There will continue to be excessive criminal activity at that location so long as the Buzz is operated as a nightclub rather than a restaurant as required by Use Permit No. 3626. I declare under penalty of perjury, under the laws of the State of California that foregoing is true and correct. Executed this 26 day of October 2000, at Newport Beach, California. JON LE )MS M1 f:\users\catlshared\pleading\buzz\decofficedlewis.doc r% 6 DECLARATION OF JON LEWIS a NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest 3450 VIA OPORTO "BUZZ" RD 15 Date/Time Arrested 11 -14 -99 0135 DR Number 99 -11375 ilMicting Reports by Type and DR Number E Videotape of Arrest ❑ Yes ®No Videotape # Arrestee's Name -#1 Last RAMIREZ, CAMILO ERNESTO First Middle OC# q -a a A R Charge (Section, Code & Definition) 647(F) PC DISORDERLY CONDUCT PUBLIC INTOXICATION (ALCOHOL) E S Arrestee's Name -#2 Last First ", I ! MIdd ' I - L D- ;--VIED NgOT ARRESTED 'It OC# T E Charge (Section, Code & Definition) E S Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone W E Address Witness #2 City Age Res. Phone State Zip Bus. Phone E dress City State Zip S S Witness #3 Age Res. Phone Bus. Phone E Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses; Note Nature of Evidence and Location Deposited: ON 11 -14 -99 OECR ANDERSON #1114 OF :R PSAROS #1144 AND I WF=RF WORKING I INIFORM RICYCLIF PATROI AT APPROX 0195 HOURS I SAW DEFT RAMIRF7 CTACCFRINr A ROSS /IA OPORTO FROM THE FNTRANCF ARFA OF THE "RI I77" NI(:HTCI I IR nFFT EAMIRF7 WAI (; curer IINr T T F "RI 177" SF(`I IRITY STAFF I SAW D FT RAMIRF7 THROW A PIFCF OF PAPER DOWN IN THE STRFFT AND TH N SHOAT AT THE S IRITY STAFF TO PICK IT IIP AS HE WAI KED AWAY DEFT RAMIREZ BEGAN TO STACCER AWAY THFN Rt IMP FD INTO A rFZMFNT Pil I AR ON THE SOI ITH SIDE OF VIA OPORTO AND AI MOST FELL OVER_( OC NTD) I Involved? ® Yes ❑ No Location: 'BUZZ' rvisor Approving ID No. Arresting Officer J. LEWIS ID No. 1032 Vacation Period Date/Time Rep duced Clerk I NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet ge No. Type of Report Booking No. DR Number 2 Arrest Report 1 1 99 -11375 I MADE CONTACT WITH DEFT. RAMIREZ AND AS I SPOKE WITH HIM, I NOTED THE STRONG ODOR OF AN ALCOHOLIC BEVERAGE ON HIS BREATH. DEFT. RAMIREZ HAD RED, WATERY EYES AND VERY SLURRED SPEECH. I DETERMINED DEFT. RAMIREZ WAS OBVIOUSLY INTOXICATED TO THE POINT HE WAS UNABLE TO CARE FOR HIS SAFETY OR THE SAFETY OF OTHERS. I PLACED DEFT. RAMIREZ UNDER ARREST FOR 647(F) PC DISORDERLY CONDUCT PUBLIC INTOXICATION (ALCOHOL). OFCR OLSON RESPONDED TO MY LOCATION AND TRANSPORTED DEFT. RAMIREZ TO NBPD CITY JAIL FOR BOOKING. Approving NBPD Pmm 3.15 (Rev. 3-9M (}ET E:NTICN ONLY ,.jzE; EDNOTARRESTED P -;A 849 B( 2-) / 548.5 PC- In ID No. (Reporting Officer(s) i /, , J. LEWIS ID No. 1032 NEWPORT BEACH POLICE DEPARTNIENT ARREST REPORT Location of Arrest VIA OPORTO I CENTRAL RD 15 DateTme Arrested 11 -13 -99 2250 DR Number 99 -11367 'ng Reports by Type and DR Number Videotape of Arrest ❑Yes ®No Videotape # Arrestee's Name -#1 Last DOLSKI , ARTHUR First Middle OC# o1 a 37 E A R Charge (Section, Code & Definition) 647(F) PC DISORDERLY CONDUCT PUBLIC INTOXICATION (ALCOHOL) R E Arrestee's Name 42 Last First Middle DETENTION ONLY OC# T E Charge (Section, Code & Definition) PER 845 81 9,j / 849,5 P.C. E S Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 STRATTON, DOUGLAS ALLAN Age 22 Res. Phone Bus. Phone (949) 673 -4700 Address 3450 VIA OPORTO City NEWPORT BEACH State CA Zip 92660 W I Witness #2 DTOI, BRIAN Age Res. Phone 39 (949) 857 -4900 Bus. Phone T dress GOLDENROD City IRVINE State CA Zip S S Witness #3 Age Res. Phone Bus. Phone E S Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses; Note Nature of Evidence and Location Deposited: ON 11 -13 -C9 OFCR ANDFRSON #1114 OFCR PSAROS #1139 AND I WFRF WORKING UNIFORM RI .YCI F PATROL AT APPROX 9240 HOURS WF WFRF HAII FD RY WIT STRATTON ( "RU 7" NIGHTCI I IR SFCl1RITY) WIT STRATTON WAS SPEAKING WITH DEFT DOLSKI ON VIA OPORTO IN FRONT OF THE -R I 7" DFFT Doi SKI WAS SHOT )TING INCOHERENTLY AT WIT STRATTON AND WAS SWAYING FROM SIDE TO SID —I MADE CONTACT WITH OFFT D LSKI ANDLAS I SPOKE WIM HIM I NOT D THE STRONG .ODOR OF AN Al COHOI IC RFVERAGF ON HIS RRFATH DFFT DOI SKI HAD RFD WATERY FYFS AND VFRY SLIIRRFD SPFFCH WHII F SPEAKING WITH DEFT DOI S I HF CONTINUED-TO SHO IT IN OHFRFNTI Y ATM (rONTD) Ift Involved? ® Yes ❑ No Location: "BUZZ' Approving ID No. Arresting Officer ID No. J. LEWIS 1032 Vacation Period :____ea Clerk PYRTRT°P N. NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet oyt� No. Type of Report 2 1 Arrest Report No. DR Number 99 -11367 WIT STRATTON ADVISED THAT DEFT. DOLSKI HAD BEEN REMOVED FROM THE NIGHTCLUB DUE TO HIS HIGH LEVEL OF INTOXICATION AND DISORDERLY BEHAVIOR INSIDE. DEFT. DOLSKI WAS IN THE COMPANY OF WIT. DTOI. WIT. DTOI TOLD OFCR ANDERSON THAT HE HAD BEEN IN THE "BUZZ" WITH DEFT. DOLSKI DRINKING AND HAD BEEN UNSUCCESSFULLY TRYING TO CALM DEFT. DOLSKI'S BEHAVIOR. WIT DTOI RELATED THAT HE (DEFT. DOLSKI) WAS "OUT OF CONTROL." I DETERMINED THAT DEFT. DOLSKI WAS INTOXICATED TO THE POINT HE WAS UNABLE TO CARE FOR HIS SAFETY OR THE SAFETY OF OTHERS. I PLACED HIM UNDER ARREST FOR 647(F) PC DISORDERLY CONDUCT PUBLIC INTOXICATION (ALCOHOL). OFCR RIVERS AND OFCR SCHIAVI ARRIVED AT OUR LOCATION AND TRANSPORTED DEFT. DOLSKI TO NBPD CITY JAIL FOR BOOKING. Approving NBPO F. 3.15 C?ETENTiON ONLY DEEMED NOT ARRESTED P.C. PER 849 St a- } ID No. Reporting Officer(s) '2 J. LEWIS ID No. 1032 IP NEWPORT BEACH POLICE DEPARTMRNT ARREST REPORT Location of Arrest X50 y 1A e O'iM F RD (5 Date/Time Arcest d °t- 26-riQ ot35 DR Number 1q —L9748 cling Reports by Type and DR Number NUS Vi eotape of Arrest ❑ Yes 8 No Videotape # Airestee's Name 41 Last 1541 vALSNTltJ First Mi le T. OC# GG�/ 000 Charge (Section, Code & Definition) " CPC (o'fi - UN DETENTION ONLY .fit I Sb Rn1 L4 J13J �, f OX . Arrestee's Name -#2 Last First Middle PER � Charge Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 GiNMo0, Mfr- 0A, -L• Ie, 17 74 Age 2.5 Res. Phone 7�& 0271, Bus. Phone r 7 4-7-00 Address 304-2 sht_:M 57 City 1'2V tN€ State G4 Zip Witness #2 Age Res. Phone Bus. Phone dress City State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone ` Bus. Phone I1State Address City Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses: Note Nature of Evidence and Location Deposited: - -- � 9= Z6 =�-, �i _L!�c1i�Ol_ 3lcGc� Gr=clL ,�✓�t -Scty �/ /.� ,' ANA / _ �J�?�._ �.t✓rc�r.J�_. �7t1t_. �T - -- uLc ZZ-- 7 - - -- rco✓T - I Involved? es ❑ No Location: "30LZ YY JJ Cr Approv' ID No. V�LGa_� Arresting Officer ID No. Vacation Period NEWPORT BEACH POLIC£:DEPARTMENT Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number c, SciC- �/Ri S'A/ =Fl� A)66(_ 77Z--- �N YZQ v 007 ,J r Gcnl/`,aJ L"VgS 0 FC12 /iA 7Cr /`1/4'�S- Co^/- �/ / �� i�c'r /Oka AS c..ti 37x,.I4f- U /OcfL. c ,u 1 ci-j A-,113 /-�A/ / -00 A62, � l A/ — /�/�� U✓N i /tiJUiJ iCJ St /Uy'- 7-7— (/ S ILN<r Ut/L C4VLT/ Ft: ,ZWA T/F cd - >V c,,J_ /S#/ C ✓IOS / yTVY) c�J Tc� iz) T7.r /�y�n %" hC c ,vfs5 c�iu'3 r v C4,,ZE a2- r 54R�i. CZ 12C - /�cl/?,�� _ rN�"Ox lCAa7 <1ti C� =AIL_ Sc,�- /vim � •/ S�ct,Ul�, t' T1Rn/.�o,�✓y /Ste/ 70 nl311 U �! �.4r� �o� r�cFi.✓� . /T. G rrnv icic tJJ = /.�/li7 /Z6P CS; / / 6,c774(,C- 774f---' / —R 'L / c'L �cw_ r f1 i �)uc.c- 77:T iZ5i2 /4 ;=,S'xXZZ Syl "cCTS ZJ Cl )14 InJS /f.� J S e r Approving ID No. ReportlD icerr(s) ID No. S L BPD F,= 115 (Rw. lFW) J IN NrWPORT BEACH POLICE DEPARTMF'4T ARREST REPORT Location of Arrest c RD l 5 Date/Time Arrested DR Number ng Reports by Type and DR Number Videotape of Arrest 0 Yes &allo Videotape # Arrestee's Name -#1 Last D z First Middle OC# R I Charge (Section. Code & Definition) — E ` 22�� DEEytEDNOT AP.R c0 L,. / iLCa. i lCCJ�C�/ /n%%` C%7'� P C2� .8"t`. PC Arrestee's Name 2 Last First Middle OC# Charge (Section, Cade & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section. Code & Definition) Witness 91 Age Res. Phone Bus. Phone4yS 3 Address 14j-i !/3 City State I Zip Witness #2 Age Res. Phone Bus. Phone dress City . State Zip Witness #3 Age Res..Phpne I Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Des mbe Qicumstances leading to Arrest: Induce Elements of Offenses: Note Nature of Evidence and Location Deposited: 0 /ZQw;vLi!- �e I lnvoWea7 _TrYEs ❑ No Location: ID No. Arresting Officer y,... ..0 •c ncp�wuw� ID No. I Vacation Period TIX7 TT T"TM k1J in NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number -2 0(/ZfZ ZDS 140- Z /LlZqacz C&,Lj-771C,:27: L,,�e 1-4 1-) Z 721 A A22Z2 7&,*— , nzkv, 77� zHoZ R.) Z4 supe S I P, ing K; 11) No. Re por jg Officer(s) ID No. --,/ 7 N9P0 Fo 3.15JR*l I 6961 N —WPORT BEACH POLICE DEPARTM*-'T ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number - cting Reports by Type and DR Number Videotape of Arrest Videotape # ❑ Yes ❑ No Arrestee's Name -9 1 Last First Middle OC# Charge (Section, Code & Definition) DEEMED NOT ARRESTED PER 849 B( oZ) / 849.5 RC, Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name-#3 Last First Middle O Charge (Section, Code 8 Definition) Witness #1 Age Res. Phone Bus. Phone ddress City State Zip l , itness #2 Age Res. Phone Bus. Phone ddress City State Zip itness #3 [Address Age Res: Phone Bus. Phone ddress City State Zip rrested By (Private Person) Age Res. Phone Bus. Phone City State Zip Desmbe Circumstances Leading to Arrest: include Elements of Offenses; Note Nature of Evidence and Location Deposited: /_'- [/_� ---- -- -' I volvev games C) No Location: S rvi o'r�Ap('y��olvin�9 ID No. Arresting Officer ID No. Vacation Period Da�rrlme Reproduced Cletk 9�3-9p o�ac� r - �CcC,tJ� 103L nwU'. e., (nn. u-w) —L- V -" G 1 T ti�+� i NEWPORT BEACH POLICE! DEPARTMENT Continuation Sheet Page 10. IType of Report Arrest Report Booking No. OR Number (::,v /- 4L 411ULIYVG Lei- cj-/,e c/ - 7-.� a+�L. &I � At^"n;I/L. /t EE /--I -S PU4,627 Z�- Z-2S 2/7N.-z- . c';l' "'o 1A ?/,Z-: UJ c6e'--(1-120e-E= /)A/ 71ZUL-e-� /-DZN-�-2 2 CIA ZAI-70Y129 jai -4 e-'A 774V-7 /JA� '-Q5- 1 S." 14% "d4J Z 7- 23a� r 7? cl (.-/./ 6411e /--it - Alro AFS�•l hr_"� 7-5 alt LC)771-7QA,) AVP rZ2 A IAR'�W,7' Mct-e/nher-' AIIO(L4.22Q CLI.� XE A.) r<� 16F:10 7-/ 7/ (,*7-7 eA /A) Supervisor Aovrov ancl 10 No, Reportin,QOfficer(s) )D No. NWvF.3'15c5v9' 10-%> 0 NEWPORT BEACH POLICE DEPARTMENT ,ONTINUATION SHEE' Page 3 Type.of Report u Booking No. DR Number ,7-- Ely 7— /U3i�J .ii4 /L CyS✓ �� C) - ^��t'�t�� /- ;��. /�•f t;' � CLJlriJ 24=� i� =.�.� /L-fU,),4AJ /Y—C_� / fc;r2 U/E4 —/ 5 724lG .. NAA/`'5.. -t 2/27Z—:: Zc--63� //U c Cc.J /,A(� /trUt/ /G /�;iG caves //Q �'r - 4At0U -, of S Z6, UaU aU. 4c -70 47 i 14C -,4� - �3i3Si i?ftG� S. yJ i� r�r9cc 'Y!f7G, c = -/4z Supervisor Ap 1ng ID No. Repoortigg Officer(s) ,/La /S !viz ID No. NBPD Fo 3.15 (Ref 7%) � \ Z VPORT BEACH POLICE DEPARTM' ARREST REPORT Location of Arrest RD Datef rime Arrested DR Number Vi O U l C� ,lac_ i5` 4"Z -5�i WS0 `t'- -7 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # — ❑Yes IgNo Arrestee's Name -#1 Last First Middle OC# CODIZ DETENTION ONLY g-.� 0 Charge (Section, Code & Definition) PER 849 B(`L, ) /849.5 P.0 - c... euu vc,T Lre i Attu ee Arrestee's Name -#2 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) tness #1 Age. Res. Phone /9zj' Bus. Phone r-1,4f S i Z`9- a + 171 - 4-1/7-6 67 - Oo City State Zip a VIA 6P6X; cQ 1113 C41 SL663 tness iR2 ge Res. Phone r9v� Bus. Phone�vtJ SNcNor� Gc c v z 7--S 7ti , s-5-ZZ G7 _e-17do dress City State Zip V a/� z-, -d ,4JJ Ca SZ663 jAddress tness #3 Age Res: Phone Bus. Phoner5vs 37 i 7 dress City State Zip N �J N 3 U1 4266 d Arrested By (Private Person) Age Res. Phone Bus. Phone ddress City State Zip Describe Circumstances Leading to Arrest; Include Elements of 0 nses; Note Nature of Evidence and Location Deposited: ANA / GiiE�Z� Wo�HN� urvircr .4i �Rzx Cz >)e % Aj cep[ c= ice '�3uz2` C3�►1L ___/_�UI.W �1? i9,Q.� _��,7� 5 ZJ_ / /ZT�_ . G.` ��•SJ �i� Ti�� �7 Alcohol Involved? Ayes p No Location: i Supervisor Approving ID No. Arresting Officer ID No. Vacation e n' �W 1037- d, yi e 1 D/ Reproduced Clerk 4.7-5 -99 aok,-X, "R— NBPD Fvm S.tMr_13.93. YDate>rme Y�fP> T n it �E III A "Iisa.I " a NrWPORT BEACH POLICE DEPARTMFNT Continuation Sheet Page No. Type of Report Arrest Report Booking No. DR Number 6 Z34U/ G4 e U,4-S STf x- // _ - MJ 77�C= =1jZZ =6 T AAJ9 /crr 5,4CI% /PN C- ,14X. A-) MAC c i/zi 3vN �SCt� -+" .rte 2AU�A 7Txc ef}st.� .a Ar-jji-,e;A1 Sri Xo 7� ^r' 2Av�I14" 4pa ARC � � �S /S7tl� / Ci.ZCXr���J� �46A1A)S S Scl d3 `c-T. l M�9 /� U✓rcl�At�T Lrl/ /Z� 1 2�'UAC.4 iC.S f/� .t�i7'E� -���.� ;z'� �iZ �� /Z��giL C..� -�'-� Ti�•+ri CfI8_ /�= F:. Z4UA(A S77Z4 uG C»t L GT- Arm /� CCl/ C /L i !/C�lfiSz _ 6Aj 1741 S 33A54=7"�,4 114U<ICA A/VD Vest/ 5LU 3A5N� Uf�N irL- 3'i�,dCF /n1e= c.V2Mf- TIc1tJ. � rv7rf�� i7-� CJ� /N /CJ/`� 4.✓,5 i�cTC3CA M 7;L PJ- /1/T 7Z7 - - y/5 S� -c Gc i-,C � CU C)i -Xtrz PyCu> HiM U/UxiL �5 ' 12 _ /':CY3uc /nJTCJX /G4i7dN. —15 14SNcr4jFr AAJO S7TiZ477Z) / , "/3tJZZ" S,*L .ScCCJ.2.. /7�,/. TrG�/ iZly� M� /SET, .. Z.Qt��4(.f% L✓1YS C/-ry S /.✓� <l iM ST c//Z 3Rd[ = at/b l /,L -/7-c- 3342. A/UO Z /4Z 1-7414+D Z<b AA!t?-1 34C r or�=lL ShC��— Ac 5RQ,013E-2 7b /may LLC4 -i7aV 3oN /7 QZ-7777- - Z40At,4 7-n N622 cJ z/ 04/4. , aZ Approving ID No. RepaRin�q_Ofticer(s) ID No. ,/ Lcu/1-s 163z NSPD Form 0.15 (NW. 10.95) 1� 1 )� NEWPORT BEACH POLICE DEPARTMENT EMPLOYEES REPORT Subject DR Number "BUZZ" Nightclub Date and Time Occurred Location of Occurrence RD 11 -24 -99 1 3450 Via Oporto 15 To:(Rank, Name,Assignment,Division) Date and Time Reported Detective Hartford, Vice and Intelligence 11 -24 -99 0130 Bill, ... .... . ..... :._... _... _....._....._..._... .. Due to limited patrol coverage, there were no bike units. deployed tonight. The following is a summary.of activity during this. nightclub promotion. 1. spoke. with ..the. parking -attend ants- at. the _Lido_PaddrIg- ;tructure,_343.4 Via- Lido- As. . you..know..the..._. . majority. of.parkingior.fhe "B.U=js..accommodated_here -The_ attendants- advisedm.e_the_y-charge.a._ flat.fee of. $3.00. per.car.after_20.3.0_.hours._ They_will.validate-restaurant customers -as_lo.ng _ a.s -they enter.. . prior to 2030. hours._.1 was told-that acts_of.vandalism..commonly.- occur. in.the_structure.by.drunken..... ._. patrons. of .the_club- The.gates._to_ the. lot and the_ lights-near the - n. seen. discarded alcohol. containers. littered about the- strut..ture -ona. regular -b.asis__The- company.that. _ -_ handles the.tot.is...managed-by- Rick_ Shilieh_ of_ "Califomia.P_arking..B_ervices" (21.3j_8.90t1147_.(7- 4).__.__._ 67,527.9.0.__ The large- crowds- .drawn_by_the club -alsoimpactihe_parkiaglots -of - area -businesw,; - The J= lks.Lodge_.at_ Central.and.Via Oporto.employs_a_night.secur ty_ guards hat. primarily_ deals- w.kh..theSowing -of nightclub — patrons vehicles. parked hibe. Lodge's_ private .spaces -.The_P_aviflo.ns -parking 1ot-als.O.employ- &.a_nigbt - -_. security.guard -for_ -the .same_purpose._ .Vehicles- are. towe- diro.m_th.eseJots.regularly -on _busy- club.nigbts_._ Rec.Otds.has.alog-of-P.rivate PaU Impo.undsJf an-exact_n.umberis required__ThereJs_not-a-designated -. area..for patrons to- padtforfiee�-only_ available -stmet_p.acking_Lhav -seen -empty -aIcoholcantaine.mand. i trash.. littered- madjacent_stm.ets.primarilyYi LLido..-ViaJ ? podo- andMa- Malaga_ Eischen and. Ldid. a walk.through_at .23Q0.hours tonight' he-doormen- totdme _theyh ad-ar ount_of.about 250.people, significantiyJess.. than .normal.weekendnights".Jnside. the- bar- was- relatively.slow,_I.did.not..._ note any congestion.in. the_ aisles ..and..walkw.ays.- Lonlysloted. one _.table..thatbad_food- senred- The..back. doors to .the..patio_area.were_standing_. open. and_ the. music- and noise _was.audible_.outside._Ihe patio...., - appears.. to.be..used_to_accommodate_ smokers....Lhave_ never _seen_amplified_music-or_outdoor ._ _....__.. ..... Supervisor Approving ID No. Reporting Officer(s) ID No. Date and Time Reproduced and Distributed Clerk J. Lewis 1032 yaPDFp 15.1)R.V. NA6) H, X H I K A 'A 11T NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. IType of Report Employees Report Booking No. OR Number speakers on the patio. There is normally a VIP line at the entrance to the club, however due to the small crowd, a line never. formed .outside. It should be noted the video games on the second level of the club have been removed. A D.J..bootb was set up there tonight.. ... _......_..... -. My_ proactive- patrol ..activity -was - imited-tonight.. due. to _my!_a.ssignment.as- abeat-unit .(324).- .1_did.not_note- any. radio. call. s.. or - -obs.. activity- by -other_unitsselatedlo- the °BUZZtonight,(my-shiRconcluded-aiQt30_.- hours.). - Tonighfaactivityat- the_club.was.definitely not. characteristic -of_ the . .average -we.ekend..night_Any. related - arrests. that l_am.not.aware..of..by_others units _tonight.1,m sure -will _make- their-way_acros.syouur - -. -_ desk. - - - - ... - -- - - - - -....- - -- - - - - -- - - - This- - weekend -we.- wills esume_ normaLbikes leplayment .-Le-tAnderson,Psaros -or- myselfkno- wjf_there -.is_. anything we .Lan- doAo- assist�!ou.__- _ -- _... Approving ID No. Reporting Officer(s) ID No. � J. Lewis 1032 7 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT H. BURNHAM, CITY ATTORNEY; #44926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, CONTRACT ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92659 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH a In Re: Public Hearing on Revocation of I DECLARATION OF DONALD PROUTY Use Permit No. 3626 DATE: November 9, 2000 I, DONALD PROUTY, DECLARE as follows: 1. I have personal knowledge of all of the statements contained in this Declaration, except as to those matters alleged to. be true on information and belief. If sworn as a witness, I could competently testify to the contents of this Declaration insofar as those facts, acts, events, and occurrences of which I have personal knowledge. 2. As to those matters alleged to be true on information' and belief, I believe the matters to be true and have received information from Newport Beach Police Officers, or in some cases, civilians which support my belief. 3. 1 am currently employed as a Police Officer with the Police Department of the City of Newport Beach. I have been an employee of the Newport Beach Police Department for 12 years and have spent approximately 1 1/2 years in bike patrol with specific detail at Buzz's on Thursday, Friday and Saturday nights and 7 months in my current assignment which is mid watch with also covers the Buzz. I have received training in the recognition of symptoms of alcohol intoxication or alcohol use, training in the recognition of violations of State and local' law and training in the investigation of violations DECLARATION OF DONALD PROUTY v �J � J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of State and local law. l am familiar with the Buzz which is located at 3450 Via Oporto and is authorized to operate pursuant to Use Permit 3626. 4. During the last 24 months I have been working a shift that begins at 1530 and ends at 0330 and I am regularly assigned to work Thursday, Friday and Saturday nights because those are the busiest nights of the week. The Buzz opened in April of 1999 and since the club opened a large percentage of my time on patrol has been spent in the vicinity of the Buzz. I am generally on patrol in the area adjacent to the Buzz between 2200 and 0230. Since the Buzz opened for business I have observed a dramatic increase in the amount of criminal activity in the Lido Village area. 5. While on patrol I have walked through the Buzz approximately 15 times. The majority of my walk throughs of the business have occurred between 2200 and 0130. 6. 1 have never seen anyone eating, dining or serving food between 2100 and 0230. On all occasions I observed that Buzz was operating exclusively as a nightclub/bar. Over 90% of the patrons inside the Buzz were consuming alcoholic beverages in areas other than the bar areas as designated on the approved plans and specifications, and the license bars, service bars, or beer tables permitted by the A.B.C. I have observed the Buzz to be open only on Thursday, Friday and Saturday nights. A. During the past 12 months I observed that Buzz was operating exclusively as a nightclub/bar. Over 90% of the patrons inside the Buzz were consuming alcoholic beverages (other than incidental to dining) in areas other than the bar areas as designated on the approved plans and specifications, and the license bars, service bars, or beer tables permitted by the A.B.C. The Buzz is only open for Thursday, Friday and Saturday nights. B. Every weekend I have observed/heard noise generated by live entertainment or pre - recorded music could be heard a significant distance from the exterior of the Buzz and as far away as the residential area west of Newport Boulevard. C. On numerous occasions, I have observed that there were personnel 2 DECLARATION OF DONALD PROUTY �� 1 inside the Buzz to control the 'conduct of all patrons inside the premises, as 2 evidenced by fights, altercations, overcrowding, blocked stairways and 3 aisles. 4 D. On numerous occasions, I have observed that permittee failed to 5 control the conduct of patrons entering and exiting the Buzz. Lack of control 6 was evidenced by many altercations and disturbances in the parking lot 7 upon closing, and repeated disorderly conduct by Buzz patrons in front of 8 the Buzz on Via Oporto and in the parking structure adjacent to the Buzz in 9 the late evening and early morning hours. 10 7. 1 have personal knowledge of numerous violations of State and local laws 11 committed by permittee's patrons which, in my opinion, were attributable to the business 12 practices of permittee or the failure of the permittee to control its patrons in that: 13 A. I have issued many alcohol related citations to individuals who have 14 advised me they were drinking inside the Buzz or who have just left the 15 Buzz. I have observed many Buzz patrons urinating in public in areas 16 immediately adjacent to the business. These individuals have become 17 intoxicated or nearly intoxicated due to excessive alcohol consumption in the 18 Buzz. I have also observed numerous intoxicated Buzz patrons in the 19 parking structure near closing time and have issued citations to these 20 individuals. I have observedl Buzz patrons leave the bar to go to their car's 21 to consume illegal drugs and have made numerous drug related arrests of 22 Buzz patrons in the parking; garagq': These people have also apparently 23 been served excessive quantities of alcohol while in the Buzz. 24 B. I have responded to in excess of 20 of complaints of Buzz patrons 25 fighting inside and outside :of the club. On numerous occasions, Buzz 26 bouncers have ejected drunk and disorderly patrons and individuals involved 27 in mutual conflict inside the. club. Once these patrons are ejected Policel 28 Department personnel are typically required to arrest, detain or cite the 3 DECLARATION OF DONALD PROUTY , �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 individuals and frequently we are required to prevent a recurrence of fighting. Individuals engaged in mutual combat each are violating Section 240 and 242 of the Penal Code, Section 415 of the Penal Code, and provisions of the Newport Beach Municipal Code. The fights that have occurred inside the club are, to a considerable extent, caused by excessive alcohol consumption, the lack of internal security which leads to overcrowding and not enforcing the occupancy limits, pushing and shoving, and the lack of sufficient internal security to intervene in verbal disputes before there is physical conflict. Internal security personnel have advised me they are routinely unable to handle the patrons due to the large number of individuals and the large number of intoxicated individuals. C. I have discussed my observations and concerns with Rick Calhoun and the current manager Dwayne Bora, the Buzz manager, during many of my walk throughs of the Buzz. Dwayne has been cooperative in a sense, typically corrects the violations at the time requested, but the violations reoccur week after week indicating business practices that lead to fights, drunkenness, disorderly conduct and disturbances. The Buzz appears to be generating substantial revenue through the sale of alcohol without regard to the continued sale of alcohol to obviously intoxicated patrons or nearly intoxicated patrons. In one of our conversations Dwayne told me the games were removed as the lease was up. A new company was to bring in new games but a decision was made by,:bwnership not to do so as they did not bring in sufficient revenue. D. I am also familiar with, and have conducted numerous walk throughs of, the other restaurants in the area. Other restaurants serve food as the primary purpose of the business generate far fewer problems than the Buzz. Those restaurants that serve alcohol within a bar area of the restaurant control the conduct of patrons, keeps certain areas from becoming 4 DECLARATION OF DONALD PROUTY 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C overcrowded, and generally intervenes to prevent physical altercations rather than trying to intervene after fights break out. I have observed far' fewer intoxicated or nearly intoxicated patrons in other restaurants with bars than intoxicated or nearly intoxicated Buzz patrons. A restaurant that operates a controlled business is very cooperative and implements long- term solutions to problems we ask management to correct. In my opinion, there would be far fewer violations of State and local law by Buzz patrons if the Buzz management operated the restaurant in compliance with the approved floor plan. 8. In the past 24 months I have prepared, or participated in the preparation of, numerous reports of violations of State and local laws by Buzz patrons that are attributable to Buzz business practices or the failure of Buzz management to control patrons. Copies of some but not all of the reports that I have taken, or participated in taking, are attached to this declaration as Exhibits A through I. These reports are representative of the criminal activity that takes place at the Buiz. The report attached as Exhibit D involves an obviously intoxicated patron who consumed too much alcohol in the Buzz and got into an altercation with another patron and the security staff of the Buzz. The report attached as Exhibit F involves a Buzz patron who became extremely intoxicated and was asked to leave the club. He later returned and tried'to enter the club again using the patio. Due to his level of intoxication I took him into custody and discovered he had a small baggy of marijuana in his possession. These reports are very typical of incidents which routinely occur which involve Buzz patrons and Buzz emplo#ees. 9. I am informed and believe that permittee has violated Conditions to the approval of Use Permit No. 3626, imposed by the City Council on June 22, 1998, in that: A. Based upon my observations the Buzz is being operated exclusively as a nightclub rather than a restaurant. I have observed the following nightclub operations at the Buzz: (i) Charging a cover fee at the front door. 5 DECLARATION OF DONALD PROUTY 1 2 3 4 5 6 7 8 9 10 11 12 13 • 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (ii) No food service and tables are not set for dining. (iii) Consumption of alcoholic beverages are allowed at all locations inside and outside on the patio, including the dance floor. (iv) Portable bars set up on each floor to serve beer only and beer tubs are located through out the premises. (v) Disc jockeys located on each floor. (vi) Separate dance floor area with black light/strobe features. (vii) Dancing allowed anywhere. (viii) The attached floor plan accurately depicts the physical lay out and uses of the Buzz as I have observed them. Specifically, since November 1999 1 have not observed interactive games and simulators anywhere on the premises. B. Based upon my observations there is inadequate security within the premises, security typically fails to call the Police Department to respond to criminal violations occurring within the establishment until the problem gets out of hand or there are serious injuries. C. There will continue to be excessive criminal activity at that location so long as the Buzz is operated as a nightclub rather than a restaurant as required by Use Permit No. 3626. I declare under penalty of perjury, under the laws of the State of California that the i� foregoing is true and correct. Executed this �2 i H day of October 2000, at Newport Beach, California. PROUTY MI f. l users\ cat\ shared 1pleading\busstdecofficerdp. doc DECLARATION OF DONALD PROUTY N.OWPADT TIE A1 w Anr VCIr nrVA -J2 Uric= oaene Page No. - - - - - -- i -- - PRI.�ERTY REPORT & RE„EIPT OR Numbericm �� . , DateTme of Report 9 -nom �3sti Location ReceivedlFound i aFsa vt� oo.� RD �s Connected Reports moo _ �z-C Property Booked at �� EVIDENCE K TO: 1)ARRESTEE 2)WCT1M ❑ FOUND EVIDENCE a00KTG 1)VICTIM 2)EMPLOYEE Q FOUND PROPERTY BOOK TO: 110WNER 2)FINOER ❑ SAFEKEEPING BOOK TO: ipWNER 2)POSSESSOR ❑ FIREARM/WEAPON DOMESTIC VIOLENCE BOOKT "ER ❑ FIREARM/WEAPON 5150 & 8102 WIC 1300KT00WNER ❑ PROPERTY WITH SER NO. REMOVED e00KT0: 1)MAESTEE 2)WCnM ❑ STOLEN PROPERTY BOOK TO: IyWRESTEE ZVICnM roperty Officer Money Disposition ❑ MONEY BOOKED Amount: ❑ Booked Into Prop/Evidence Acct SEEATTACNEO COPY OF MONEY ENVELOPE y. Date: ❑ Booked into Property Safe Property Booked To geye S C5 i5 L4-c- iF Type A- arcs ; Additional Person Involved Type (2) Address act .�- r2Jt rc� �3� ✓� Res Phone Address *41TERNAL PROPERTY ENTEREE r•t Res Phone City s State Zip Sywf Bus Phone City State Ztp Bus Phone 1) Describe circumstances Resulting in the Booking of This Property or Evidence. 2) Itemize and Describe all Property. List Only One Article Per Line. Separate Reports are required for each Type of Property. If Additional Form Is Required, Use Another Property Report & Receipt. Item No. Qty Article Brand Model MISC Serial No. i on) 19 - 30 -oa A •; A13 --3 Z CL 1-7 I0 1-r� cAa L4 2-2- • - -T 344,0 r l'yr a A� .:rte --e-rt C� A- ...f> �./ ye.t9t s r -A -re -Wz, ,< s x¢•YL c:•..i,J to n s.wN suC 1...A. at Y . x •`� 1 h R L- (�: h"� 3, R,c-Y c"73 wqZ d IL ey q19��c- ! -o cTi �F -t-e i T ea --Z r ;Pei 1-6 . 4 --C-/es n,. ,-r e: -C -cam -7-0 A i21c.^� Aj,::, SK` wAS C ly aT0 Y�Y2J O ti'7• iLC'�/CS w.'!S C: T7'-'] t�-vZ fi Y -o l!i-T J� �'� 3Y f �.r(%l •-� i -Y 3 a O C Q--> 43 - '; i I Ntt''`f Y 2 i= S T-+a r O i- i 1 7 L -- ! 1 `/"' C- A S T o f I I i i Supervisor Approving ID No. Reporting Officer(s) ID No. G''� an 3 Re rod ced/Distributed by Clerk I D 71/0 0 11 0 �' AFFIDAVIT OF FINDER I declare under penalty of perjury that: 1 ",a listed items were found, 2 owner of the property is unknown to me, and 3).1 have not secreted, withheld or disposed of any part of the property. (Signature) X PROPERTY REPORT This form constitutes notification of your rights according to Law. Your signature indicates that you have received a copy of this receipt. Please review the information on the back of this form for an explanation of your rights with regard to this property. (Signature) X _ _ II T neyq rpm a.�a (�. 1497) EXHIBIT U�k. :......... .................. ......... ail �- / NEWPORT BEACH POLICE DEPARTMENT : COURT CC NOTICE TO. APPEAR ❑ I DATE TWE PAIV DAYOFw 1-3u -oJ �33i 7 XPM I Sn . NAME (F+YN. Y . TAW D O NNEI S RESPON: :'_; -._: .;: >'':''::i' :'`'::'( +-'c'::5..• -_:: �. 5�: ?�'f; % C5TEZ.L,.6' mA-.AG 2LY t1'_ -'I RESIDENCE ADDRESS Ws «srAre Zm-ce NBK 34352 - OPoVF�'S OCENSE NO. STATE BBLR•DATE AGE f 'i 2- APPROX BPI�EtEwD P.FAMX SPEED VEX. SPEED LIMIT SAFE SPEED �g NE, t` wE�a mss•( DR NOMBERO A. NUMBER M F 3rr-J �:l O VIOLATION(S) NOT COMMITTED IN MY PRESENCE. DECLARED ON INFORMATION AND BELIEF. I DECLARE UNDER PENALTY OF PERAIRY UNDER THE 1 wW OF THE STATE OF CALIFORNY THAT THE V91. LICENSE NO. FOREDOIND Is YRIJJ AND CORRECT. EXECDTED ON THE DATE S406NN ABOVE. t D. NO. STATE PASSENGM ERS s / /ll NAME of AAAESRNG OFFER rc FROM ABOVE I.D. NO. VACATION DATES F YEM OF VFN. NANE BODY S1nE COLOR(S) OC.v. N.c. 6mm1 REGISTERED OvmER OR SEE' D SAYE As ABOVE] D N. N.C. w1 igiSc__ _:43:i. ADDRESS OF REGISTERED DINNER 011 LESSEE D SAYE As ABOVE s, ,::�.._;, .•. -:: :'y.::: EVIDENCE OF FINANCIAL RESPONSIBRIIV CalNamr vii N.C.A 101 VIOLATION(S) pEpOIRED Y. No (SEE REVERSE) ITT❑ ❑ 2cSr DFCn` I 3c ��' )). L mzESCwvrJN ' I APPROX BPI�EtEwD P.FAMX SPEED VEX. SPEED LIMIT SAFE SPEED ROADCONORTONS TRAFFlC wEAINER VACATION DATES VIET DRY H . •MED. LT. CLEAR FOD RANI TO '1 DR NOMBERO A. NUMBER O VIOLATION(S) NOT COMMITTED IN MY PRESENCE. DECLARED ON INFORMATION AND BELIEF. I DECLARE UNDER PENALTY OF PERAIRY UNDER THE 1 wW OF THE STATE OF CALIFORNY THAT THE . . .. ...: .... .. .: FOREDOIND Is YRIJJ AND CORRECT. EXECDTED ON THE DATE S406NN ABOVE. t D. NO. cstANG OFFl ' /ic.o S-7 - s / /ll NAME of AAAESRNG OFFER rc FROM ABOVE I.D. NO. VACATION DATES TO NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest 3450 Via Oporto RD 15 DateMme Arrested 9 -3 -2000 0100 DR Number 00 -09886 sting Reports by Type and DR Number PTrvate Person Arrest Form Videotape of Arrest ® Yes (-]No Videotape # Arrestee's Name -#1 Last Nguyen, Kenneth Ouy First Middle OC#� /� ,,z S A R Charge (Section, Code & Definition) CPC 242, Battery (Private Person) E Arrestee's Name -#2 Last Nguyen , Lesli Thuy First Middle DETENTION ONLY OC# S T E Charge (Section, Code & Definition) CPC 647(F) - Public Intoxication —n PER �� �8495p� E S Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Guymon, Michael Age 26 Res. Phone Bus. Phone 949 - 673 -4700 Address 3450 Via Oporto City Newport Beach State CA Zip 92663 W Witness #2 Age Res. Phone Bus. Phone !dress City State Zip S S Witness #3 Age Res. Phone Bus. Phone E S Address City State Zip Arrested By (Private Person) Stratton, Douglas Age 24 Res. Phone 949 - 388 -4176' Bus. Phone ' 949 - 673 -4700 Address 3450 Via Oporto City Newport Beach State CA I Zip. 92663 Describe circumstances Leading to Arrest Include Elements of Offenses; Note Nature of Evidence and Location Deposited: On 9-3-00 t bout 0'100 hrs - I Was dispatched to the Lido Pa Irking Stn Intl ra for a battery susnect heina detained b eiri cers Upon y n offi arrival_ I saw Kenneth Nquypn heina held down on the around by Rtnz security officers Kenneth Was tt m tp inq to gpt un and was stni8glina with the two.security officers - I walked up to Kenneth and told him to qtt tit fighting and do what ho Was told Kenneth acknowlegdme and said ha ilnderstood l attemntPd to handcuff KPnneth as Stratton was holding his arms He again became enraged a startEld to yell "yntt hate Asian-," at Rtratton Kpnnpfh triers to raise tip off ,t Involved? ® Y8s ❑ No Location: Buzz Bar r pproving D No. J so G5/ Arresting Officer ID No. D. Prouty 863 Vacation Period T� Datefrlme Reproduced Clerk 00 ci lZL )(11 46PO Fpm 5 -1 (Rev. 3-98) R Y H T P T T H 3 NEWPORT BEACH POLICES DEPARTMENT Continuation; Sheet e No. Type of Report Booking No. DR Number 2 1 Arrest Report 1 1 00 -09886 nd but was restrained and handcuffed without incident. I placed him in a police unit without incident. Upon arrival, Kenneth's girlfriend, Leslie Nguyen, came toward me in an agressive manner at me as I exited my unit. Leslie was restrained by another security officer while I dealt with Kenneth. As Kenneth was handcuffed, Leslie again became irate. Ofcs. Varela and O'Donnell arrived and detained Leslie pending further investigation. Leslie was placed in the back of a police unit without incident. Victim Stratton, (Buzz assistant manager), explained his attention was drawn to both subjects as one of the security officers was attempting to cut Leslie off from being able to obtain any more alcohol. Both subjects were arguing with Stratton and he asked them to step outside to discuss the matter further. Both Kenneth and Leslie walked outside to the front of the bar. Stratton explained once again that they could not get any more alcoholas Leslie was intoxicated. Kenneth argued and told Stratton he was going back inside and he could not stop him. Stratton told both subjects to leave as they were not going to be allowed back inside. Kenneth and Leslie refused to leave the property and Stratton once again told them to leave as they were trespassing. Stratton said he placed his hand on Kenneth's shoulder in empt to walk him down the walkway. Kenneth turned quickly toward the bouncers and Stratton felt hd' -as going to hit him. Stratton, accompanied by Guymon, (Security Director), took Kenneth to the ground without incident. Several other bouncers assisted Stratton and walked both Kenneth and Leslie across the street. Guymon attempted to calm Kenneth down and instructed him he needed to leave the area. Guymon accompanied Kenneth and Leslie towards the parking structure. Stratton said he saw Kenneth start to run towards some parked cars yelling "I'll get it" to Leslie. Stratton was concerned he was going to get a weapon out of a parked car. Guymon said Leslie started screaming for an unknown reason and Kenneth turned and started running toward Stratton. Stratton said tie stopped Kenneth from running towards the cars and as he did so Kenneth hit him in the face with;an open right hand, two or three times. Stratton and Guymon took Kenneth to the ground without incident and held him until I arrived. I asked Kenneth what had happened. He gave me a similar version of the incident insisting he should not have been cut off in the bar. He said he saw the bouncers talking to his girlfriend about cutting her off and intervened. He said he did argue with them but didlnot do anything to be kicked out for. He walked out with\Leslie to the front along with the bouncers. Kenneth said he was thrown to the Superviso pproving ID No. Reporting Officer(s) ID No. / JW VS j D. Prouty 863 NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet e No. Type of Repoli Booking No. DR Number 3 1 Arrest Report 00 -09886 Wnd for no reason. He got up and talked to Guymon, who was very reasonable and "nice ". Kenneth and Leslie left Guymon and were walking to his car to get a cell phone to call his lawyer to ask advice on how to handle getting thrown out. He walked away from Leslie and was going to the car. All of a sudden he heard Leslie yelling at the top of her lungs. He started to run back to her and was tackled by Stratton and taken to the ground. Kenneth said he never took a swing or tried to hit Stratton. He did not know how Stratton received any injuries during the fight. Kenneth said 6 -7 bouncers held him down on the ground until I arrived. I asked Kenneth if it was possible he may have hit Stratton by accident. He said he did not and was very angry as he thought they were hurting Leslie. He also maintained he would know if he had hit anyone. Kenneth said he has been through this before and explained he has been in fights before. He said he respected the security officers for doing their jobs but did not feel he did anything wrong. Stratton desired a private perspn's arrest for a violation of CPC 242, Battery. He signed the Order Of Arrest and informed Kenneth of his actions. Upon hearing of the arrest, Kenneth demanded a private person arrest against Stratton for the same violation. I explained to him the liability in doing so if the arrest was determined to be unlawful. Kenneth said he would be willing to drop charges if Stratton 6 d forget about the incident Kenneth signed the Order Of Arrest, advised Stratton of his actions a citation was issued to Stratton for a violation of CPC 242. ( see cite - NBK40625). I contacted Leslie who had been detained in a police unit. As I spoke to her I could smell a strong odor of an alcoholic beverage on and about her person. Her eyes were reddened and watery and her speech was thick and slurred. Prior to being placed in the police unit, I noted she had difficulty maintaining her balance as she stood in the parking lot. I asked Leslie if she saw the fight involving Kenneth and Stratton in the parking lot. Leslie said she did not see what precipitated the fight but saw Kenneth taken to the ground by Stratton for no apparent reason. She did not see Kenneth hit Stratton. 1 determined due to her obvious level of intoxication she was unable to take care of herself and took her into custody for a violation of CPC 647(F) Public Intoxication. Leslie was transported to NBPD Jail by Ofc. Cuthbert. Kenneth was transported to NBPD Jail. Sgt. Fox took 3 color digital photos of the injuries to Stratton. He sustained a laceration to his right hand with minor bleeding. He also had fingernail marks to the right side of his eye and right forearm. Stratton did not request medial attention. No injuries were located on Kenneth. Kenneth had been drinking alcohol but was not in violation of CPC 647F. Supervisor A proving / ID No. Reporting Officer(s) ID No. EllL Gs D. Prouty 863 r NBPD Fam 3.15 tRev. "0 Pq ADULT [] JUVENILE 'newport Iseacli o tce eparunen CUSTODY AND IDENTIFICATION REPORT A# 95703 Name (Last. First. Middle) AKA/NICKNAME SI,'QATTON, DOUGLAS ALLAN OCN # CH. .iE (SECTION, CODE7DEFINITION) PC242 BATTERY DR # ❑ 00 -09886 LOCATION OF ARREST 3450 VIA LIDO NB R D. 15 MULTIPLE ARREST -REFER NAME NGUYEN, K. DATEITIME ARRESTED 0903000 ARRESTED/RECEIVED BY VARELA 1166 DATE/I'IME BOOKED 090400 0300 BOOKED BY KANBARA A # 95682 (TOTAL 3 ADDRESS 28091 PASEO VERDE SAN JUAN CAPO CA 92675 RES. PHONE JUVE. OFCADISPO. DATEOFBIRTH I BIRTHPLACE 070777 CA SEX M RACE W AGE I 23 HEIGHT 602 WEIGHT 185 HAIR BRO EYES BLU COMPLEXION HIED DISTINCTIVE MARKS CLOTHING WORN (INCLUDING SHOES) MARITALSTATUS S CITIZENSHIP US LEFT (HAND) RIGHT R DRIVER'S LICENSE #1/ STATE B4124699 I CA SOCIAL SECURITY# _ LOCATION OF A TEE'S VEHICLE PED YEAR I MAKE MODEL i COLOR(S) LICENSE NO. STATE EMPLOYER'S NAME (JUVESCHOOL) ADDRESS (JUVE -CITY SCHOOL LOCATED IN) BUS. PHONE OCCUP. (JUVE- GRADE) PARENT /GUARDIAN (JUVE.ONLY) ADDRESS RELATIONSHIP IPHONE BUS. PHONE PARENT /GUARDIAN (JWE.ONLY) ADDRESS RELATIONSHIP PHONE BUS. PHONE LIVES WITH (J .ON Y) ADDRESS RELATION HIP 1PHUNt BUS.PHONE PERSONAL PROPERTY PROPERTY LOCKER # ARRESTEE'S i 5500.00 SEARCHED BY FrINGER PRINTED BY N/1' PHOTO TAKEN BY HANDWRITING BY N!F N/1' J DGE MODIFYING BAIL AM UNT HOD OR: BY ORD RO SOD Y NOT( I T! NBY DATE/ TIM NOTIFIED IN EMERGENCY NOTIFY: ADDRESS LAIIUN5HIP PHONE BUS. PHONE SPECIAL MEDICAL INFORMATION F.B.I. NUMBER I C.I.I. NUMBER ATTACH D NEGATIVE ARRESTEE RECORD INFORMATION: SUPEF>VOR APPROvtNu S I CODED BY D TEMME REPRODUCED AND DISTRIBUTED •S•00 JI LERK Ali[ p ff `ter: PLETED BY DETECTIVE DIVISION INV 'TIGAI R lD# FEL. COMPLAINT FILED ❑ UNRELATED FEL. WARR. SERVED ❑ D.A. REJECT ❑ 849BI (DETENTION ONLY) ❑ MIS. COMPLAINT FILED ❑ UNRELATED MIS. WARR. SERVED ❑ C.A. REJECT ❑ OTHER WHITE(I) - ORIGINAL CASE FILE RECORD YELLOW(2)- DETECTIVE DIVISION PINK(3)- PRISONER'S RECEIPT GOLD(4) -JAIL REGISTER I^� a WHITE(I)- ORIGINAL CASE FILE RECORD YELLOW(2)- DETECTIVEDIVISION PINK(3)- PRISONER'S RECEIPT GOLD(4) -JAIL REGISTER �pI m Newport neacn Police vepartment ADULT rl JUVENILE CUSTODY AND IDENTIFICATION REPORT A # 95682 Name (Last, First, Middle) AKA/NICKNAME N, KENNETH QUY OCN # .M 'SECTION ' CODE, DEFINITION) DR -# PC242 BATTERY ❑00 -09886 LOCATION OF ARREST - R D. MULTIPLE ARREST -REFER 3450 VIA OPORTO NB 15 NAME NGUYEN, K DATEITIME ARRESTED ARRESTED/RECEIVED BY DATEITIME BOOKED goorLD BY (TOTAL 090300 0110 PROUTY 863 090300 0230 STEWART A # 95682 i &1 3 ADDRESS .PHONE JUVE, FCl IS 1929 S GREEN VILLE SANTA ANA CA 92704 DATE OF BIRTH BIRTHPLACE SEX RACE AGE HEIGHT WEIGHT HAIR EYES COMPLEXION 032071 VM I M V 0 I I 510 163 BLK BLK LIT DISTINCTIVE MARKS CLOTHING WORN (INCLUDING SHOES) NIV BLK PANTS,BLK SHIRT MARITALSTATUS CITIZENSHIP LEFT (HAND) RIGHT DRIVER'S LICENSE# /STATE SOCIAL SECURITY# S US R A1338242 CA 586 -36 -4674 LOCATION OFARRFSTEE'S VEHICLE YEAR MAKE MODEL COLOR(S) LI ENSENO. STATE LAS 95 HOND 2D WHI 3VNW598 CA EMPLOYER'S NAME(JUVE- SCHOOL) ADDRESS(JUVE - CITY SCHOOL LOCATED( ) BUS. PHONE OCCUP.(JUVE- GRADE) SELF -EM 1 COMPUTER PARENT /GUARDIAN (JUVE.ONLY) ADDRESS RELATIONSHIP PHONE BUS.PHONE PARENT/GUARDIAN (JUVE.ONLY) ADDRESS RELATIONSHIP PHON BUS. PHONE LIVES WITH (JUVE.ONLY) ADDRESS RELATIONSHIP PHONE B S.PHON aK [ARRESTEE'S PERSONAL PROPERTY PROPERTY LOCKER # 09 AKA's QUY, NGUYEN NGUYENTUCPRAN, QUY VEN NGUYEN, QUY TUC ULEDBAILAMOUNY $500.00 R HED B R PRINTED BY PH T TAKEN BY HANDWRITING BY JUDGE MODIFYING BAIL AMOUNT ROUTY I HARRIS J HARRIS N!f HOLD FOR: BY ORDER CUSTODY NOTIFIG' TION BY DATE / TIME NOTIFIED IN EMERGENCY NOTIFY: ADDRESS LATIUNSHIP PHONE B S. PHONE NONESTATED -SPECIAL MEDICAL INFORMATION NONE F.B.I. NUMB .1.1. NUMBER ATTACHED N ATIVE 334283NA9 A09556 3 ARRESTEE RECORD INFORMATION: SUPERVISORAP ROV CODED BY IDAT JME REPROD D AND DISTRIBUTED C DU { •5-00 otI q i`s I /'-7/ ❑ INVES'i1GAT R IU# OMPLETED BY DETECTIVE DIVISION ❑ FEL. COMPLAINT FILED ❑ UNRELATED FEL. WARR SERVED ❑ D.A. REJECT ❑ 849BI (DETENTION ONLY) 0 MIS. COMPLAINT FILED ❑ UNRELATED MIS. WARR. SERVED ❑ C.A. REJECT ❑ OTHER WHITE(I)- ORIGINAL CASE FILE RECORD YELLOW(2)- DETECTIVEDIVISION PINK(3)- PRISONER'S RECEIPT GOLD(4) -JAIL REGISTER �pI m NEWPORT BEACH POLICE DEPARTMENT ,.,ONTINUATION SHEET No. Type of Report AKA'S: NGUYEN, KENNETH QUY AKA'S QUY, NGUYEN NGUYENTUCTRAN, QUY VEN NGUYENTUCTRAN, QUY VAN NGUYEN, QUY TUC NGUYEN, QUY TCU GUYEN, QUY TUC TUCTRAN, QUY 0 No. DR Number 00 -9886 Supervisor Approving ID No. lReporting Officer(s) ID No. J�� WHITE(()- ORIGINAL CASE FILE RECORD YELLOW(2) - DETECTIVE DIVISION PINK(3)- PRISONER'S RECEIPT GOLD(4) -JAIL REGISTER�V1 Newport erc once Depariment ® ADULT El JUVENILE CUSTODY AND IDENTIFICATION REPORT A # 95683 Name (Last, First, Middle) AKA/NICKNAME "'EN, LESLIE T OCN # .uE (SECTION, CODE, DEFINITION) DR # PC647(F) DISORD COND. INTOXALCO 000 -09886 LOCATION OF ARREST R D, MULTIPLE ARREST -REFER 3440 VIA LIDO NB 15 NAME NGUYEN, K DATE/TIME ARRESTED ARRESTED/RECEIVED BY DATEITIMOOKED BOOKED B 090300 0110 PROUTY 867 090300 0245 STEWART (TOTAL A # 95682 2 ADDRESS RES. PHONE J F JDISP . 1750 W ROMNEYA DR ANAHEIM CA92801 714- 772 -2844 DATEOFBIRTH BIRTHPLACE SEX RACE AGE HEIGHT WEIGHT HAIR EYES COMPLEXION 083176 CA I 1 A 24 505 125 BRO BRO MED DISTINCTIVE MARKS CLOTHING WORN (INCLUDING SHOES) NIV BILK DRESS,BLK SANDALS MARITAL STATUS CITIZENSHIP LE (HAND) RIGHT DRIVER'S LICENSE # / STATE SOCIAL SECURITY # S US R B3752596 CA 56343 -9607 LOCATION OF ARRESTEE'S VEHICLE YEAR MAKE MODEL COLOR(5) LICENSENO.STATE LAS 95 HOND 2D WHI 3VNW598 CA EMPLOYER'S NAME (J E- SCHOOL) ADDRESS (JUVE -CITY SCHOOL LOCATED IN) BUS. PHONE OCCUP. (JUVE - GRADE) GIANT MER 5655 UNION PACIFIC AV COMMERCE 323 -887 -3300 ASST MERCH PARENT /GUARDIAN (JUVE.ONLY) ADDRESS RELATIONSHIP PHONE BUS. PHONE PARENT/ GUARDIAN (JUVE.ONLY) ADDRESS RELATIONSHIP . PHONE BUS. PHONE LIVES WITH (JUVE.ONLY) ADDRESS RELATIONSHIP PHONE BUSTHONE CAbn: DK ARRESTEE'S PERSONAL PROPERTY PROPERTY LOCKER 28 qw AKA's NGUYEN, LESLIE THUY w, c. OED�OO ;jgg9`'PG• P� SCHEDULED BAIL AMOUN1 5100.00 SEARCHED BY PRINTED B PHOTOS TAKEN B HANDWRITING BY JUDGE MODIFYING BAIL AMO T BERT rINGhR HARRIS I HARRIS MIT HOLD FOR; BY ORDER F: CUSTODY N FI ATI N BY DATE / TIME NOTIFIED IN EMERGENCY NOTIFY: ADDRESS LA IONSHIP PHONE BUS. PHONE NONESTATED SPECIAL MEDICAL INFORMATION NONE .B.1. NUMBER C.I.I. NUMBER ATTACHED NEGATIVE ARRESTEE RECORD INFORMATION: S EUZ R ?,PP RDV G CODED BY D T&TIM REPROD CED AND DISTRIBUTED CLERK �• I 5.0 ofzz R ri ?1 ❑ INVFSTIUATOK ID# COMPLETED BY DETECTIVE DIVISION ❑ FEL. COMPLAINT FILED ❑ UNRELATED FEL. WARR. SERVED ❑ D.A. REJECT ❑ 849BI (DETENTION ONLY) ❑ MIS' FILED ❑ UNRELATED MIS. WARR. SERVED ❑ C.A. REJECT ❑ OTHER WHITE(()- ORIGINAL CASE FILE RECORD YELLOW(2) - DETECTIVE DIVISION PINK(3)- PRISONER'S RECEIPT GOLD(4) -JAIL REGISTER�V1 NEWPORT BEACH POLICEI DEPARTMENT ❑ TELEPHONIC ❑ BRIEFING Preliminary Investigation of: DR No. ❑`P' ❑VN" Battery ; 00 -09886 ❑ Gsu Location of Occurrence RD Date & Time Reported to'PD Connected Reports -Type & DR 3450 Via Oporto 15 9 -3 -2000 0100 Arrest, Private Person, Cite On Moldylyr Day Time Moldylyr Day Time StoleMost Recovered ESLDam. ArsonNdlsm en: 9 -3 -2000 Sun 0045 & 9 -3 -2000 Sun 0100 $'N /A $ N/A $ N/A tj Name (Firm name if business) First Name Middle Dob Age Sex Desc Hgt Wgt Hair Eyes tton Douglas Allan 7/7/77 23 M C 6'2 185 8ro 81u Residence Address City State Zip Res. Phone 28091 Paseo Verde San Juan Capistrano CA 92675 949 - 388 -4176 V .1 Business Address City State Zip Bus. Phone C 3450 Via Oporto Newport Beach CA 92663 949 - 673 -4700 T Victim's Occupation Victim's Condition Veh. Uc. No. State Year Make Model Color(s) I Security Officer Injured N/A M. Notifications-Persons 8 Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes O No None Victim Desires Confidentiality? O Yes O No Domestic Violence Related? O Yes O No Gang Related? O Yes O No Hate Crime? O Yes O No Alcohol Related? Weapon Involved? O Yes O No Weapon Involved? O Yes O No Weapon Involved? O Yes O No O Yes O No Name If Known- Booking No. & Charge If Arrested (List Additional Suspects In Na at ve) Dob Age Sex Desc HgL Wgt Hair Eyes Nguyen, Kenneth Quy 3 -2 -1971 29 M C 5110 163 Blk I Blk Address City State Zip Res. Phone Bus.Phone ,:S 1929 S. Greenville Santa Ana CA 92704 None None %S Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon (rhreats.Force.Sintultd Gun. Etc) It Knife crGun. Describe: 'P None Hands E :othing - Additional Descriptors Additional Suspects? O Ye C Black Shirt, Black Pants (List on Page 2) O No T_ Veh. Lic. No. State Year Make Model Type COIOOS) N/A Inside Color(s) Modifications Damage Additional Desc. Inw Persond Cades: V•Vicurn R-R nin Person W WMM D4Xurarenn Person P-Parent Code Name Residence Address City State Zip W Guymon, Michael Dob Age Sex Business Address Qndude Zip Code) Bus. Phone Res. Phone 26 M 3450 Via Oporto, Newport Beach, CA 949- 673 -4700 Code Name Residence Address City State Zip W Nguyen, Leslie T 1750 W. Romneya Dr. ,Anaheim CA 92801 Dob jAge ISex Business Address (include Zip Code) Bus. Phone Res. Phone 8 -31 -1976 24 F 5655 Union PacificAv Commerce, Ca 323 -887 -3300 714-772 -2844 M.O. • SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY THIS SUSP. (Use rev side for additicrul nanadwJ Burg: ❑ Force ❑ NO Force Suspect, a patron, and Victim, assistant manager of the business, get into physical altercation at the Buzz Bar. They cross arrest each other. See Arrest Report for details. Supelvisor Ppprovi ID No. Investigating '1 Officer(s) ID No. Signature of Reporting Person s D. Prouty 863 ro! aC, ryir dZ Oei1SI'7/ JePO Farm 3.1 (Rev, 3.98) NFWPART RRACH Pny.rCF DF.PARTMF.NT • TELEPHONIC ❑ BRIEFING Preliminary Investigation Of: OR No. • CPI ❑ VNI Battery 00 -09886 r Location of Occurrence RD Date & Time Reported to PD Connected Reports -Type & DR 3ACZ0 Via Oporto 15 9 -3 -2000 0100 Arrest, Private Person, Cite n Mo /dy /yr Day Time Mo /dy/yr Day Time Stolentlost Recovered Est.Dam. ArsonNdism e: 9.3 -2000 Sun 0045 & 9 -3 -2000 Sun 0100 $ N/A $ N/A $ N/A Last Name (Firm name if business) First Name Middle Dob Age Sex Desc Hgt Wgt Hair Eyes Nguyen Kenneth Quy 3/2111 29 M O 5'10 163 Blk Blk Residence Address City State Zip Res. Phone 1929 S. Greenville Santa Ana CA 92704 None V.. 1 Business Address City State Zip Bus. Phone C Unemployed T Victim's Occupation Victim's Condition Veh. Lic. No. State Year Make Model Colors) Computer analyst N/A M Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes O No None Victim Desires Confidentiality? O Yes O No Domestic Violence Related? O Yes O No Gang Related? O Yes O No Hate Crime? O Yes O No Alcohol Related? Weapon Involved? O Yes O No Weapon Involved? O Yes O No Weapon Involved? O Yes O No O Yes O No Name If Known - Booking No. & Charge If Arrested (LlstAdditional suspects In Narrative) Dob - Age Sex Desc HgL WgL Hair Eyes Stratton, Douglas Allan 7 -7 -1977 23 M C 6'2 185 1 Bro Blu Address City State Zip Res. Phone Bus. Phone S 28091 Paseo Verde San Juan Capistrano CA 92675 949 - 388 -4176 949 - 673 -4700 3 Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type Of Weapon (Threats.Forrs.simultd Gun. Etc) If Knife or Gun. Desc be: one Hands .:3thing - Additional Descriptors Additional Suspects? O Yes Tan pants, green shirt (List on Page 2) O No T Veh. Lic. No. State Year Make Model Type Color(s) N/A Inside Color(s) Modifications Damage - Additional Desc. !InMved Pe Codes: V- Vicfim R-ReponinqPerson W.Vftm D-Diswwnng Person P rem 'Code Name Residence Address City State Zip W Guymon, Michael Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone 26 M 3450 Via Oporto, Newport Beach, CA 949- 673 -4700 Code Name Residence Address City State I Zip W Nguyen, Leslie T 1750 W. Romneya Dr. 'Anaheim I CA 92801 Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone 8 -31 -1976 24 F 5655 Union Pacific Av Commerce, Ca 323 -887 -3300 714 - 772 -2844 M.O. - SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY THIS SUSP. (Usa reverse side for addluonal Nrt3dw-) Burg: ❑ Force ❑ NO Force Suspect, the assistant manager of the business, and Victim, a patron, get into physical altercation at the Buzz Bar. They cross arrest each other. See Arrest Report for details. Sup' 4r ppro y� D No. Investigating i Officer(s) ID No. D. Prouty 863 Signature of Reporting Person Qi�e�T p epr?31QV,? N ( ?BPD Farm 3.1 (Rev. 3-98) VFWPnRT RFACH POLICF.IDFPARTJIENT TELEFFIONIC ❑ BRIEFING - Preliminary Investigati � of: DR No. CPI o VNI I OGSU Ba TI ell y Location of Occurrence RD Date &Time Reported to PD Connected Reports -Type & DR 3Y�;0 ',! A fi" I S-1,X-0a o,os A/L2CC l f�2a ATG r; <, Occurred On Mo /dy /yr Day Time MO /dy/yr Day Time Stolen/lost Recovered Est.Dam. Arson/Vdlsm Or Between: 8 -ti -VO SA e0 SO & a -11-uJ LA OIaL, $ . Last Name (Firm name if business) First Name - Middle Dob Age I Sex I Desc Hgt Wgt Hair Eyes S LO i1 ,v!CH d�V .�%••� ^� 7 -J6 -7C > C j •% /Vp HiL Residence Address City State Zip Res. Phone 5-75 •K 131!0 I1T1% ST Cpl T-r' ..-•; _n CA qJ. q. s /S -•K+ra V i Business Address City State Zip Bus. Phone C 4;tgo y ^AL -TI J6ALG I Victim's Occupation Victim's Condition Veh. Lic. No. State Year Make Model Colors) M .a 1I 'x, 51 v'f r r J} .2 c.� ../),4 Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes 0 No . Victim Desires Confidentiality? O Yes O No Domestic Violence Related? O Yes ® No Gang Related? O Yes ® No Hate Crime? O Yes tD No Alcohol Related? Weapon Involved? O Yes ® No Weapon Involved? O Yes ®No 'tleapon Involved? O Yes ® No ® Yes O No Name If Known- Booking No. B Charge If Arrested (List Additional Suspects In Namativel Dob Age Sex Desc Hgt. Wgt. Hair. Eyes mays Sit A. ,A 0o...•0 n- :�o-9I as m c c1. 1 a 0 13A -II2Lti I Address City State Zip Res.Phone Bus. Phone S 1990 tj/LaoK ra-T U' il'7'1 LI Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon (Threats,Fwce,Simu1W Gun. Etc) It Knife w cur, oescnbr. S P to E 16 ET I LC E Clothing - Additional Descriptors Additional Suspects? O Yes C T • -.•• Te , 1 «.2f r . ( List on Page 2) �jNo Veh. Lic. No. State Year Make Model Type Color(s) Inside Color(s) Modifications Damage - Additional Desc. ImaNeEPenmdc Ces: V -Vctm1 R.Re m Pe M w.wmess O -0i Penton P.PN I Code Name Residence Address City State Zip �) 13A <L. A-J CII2,' -I- C- S q9� I Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone s -a� Ia d% F I-)aso /MAa.,,_c, •,Lc .1 Code Name Residence Address City State Zip V, �1. (-- �lr. -;a��f ��.,� )ed) -R01O +. , AcA�I.,.,� 1; `:.A ---TA A -.a (_4 Dob Age Sex Business Address (include Zip Code) 7 Bus. Phone Res. Phone - �• }h'te'7131 n' 19'731 't 9o1 ).r.�. -e esL../D T..; :,.J I- I:�•ry iI.I too f1 y- dl� -'1-f: M.J. SPECIFIC OR UNUSUAL ACTIONS THWMAYTENOToPOENTIFY THIS SUSP. (Use Nm side (or"Otion21n Im.) Burg: ❑Force []No Force $.AS (t'Li C! CovT2- ^T! .�F r%t.' -.G. (3a 5tiZC f.T {e.ye•G,.... (r• �,::. i.• .,• r:C. F+-+ ^i MIS VtrT .n !J TueS11 'WET -1 R.. TI'lc C4 r Vtt',�w ru'1Y! Slfl' �?�twlT I isor Approvi ID No. Investigating Officer(s) ID No.. . Signature of Reporting Person I� . �2 e... i % d 63 oat a 6e u :BPO F01% 3.1 (Rev. 697) EXHIBIT C I v P YPORT BEACH POLICE DEPARTM- ARREST REPORT Location of Arrest 50 v,A 0 Po2•,1 RD 15 Date!l-ime Arrested 13-I.x -0 0 oraS DR Number 00 -015> acting Reports by Type and DR Number Vide tape of Arrest ®Yes C]Na Videotape # Arrestee's Name -#1 Last First ' Middle OC# Charge (Section, Code & Definition) C C'C 6A Arrestee's Name -#2 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) lazrA Witness #1 nnl.L .Ri /.t.J r�, .• _T' -C _�..rt ..i Age sZg Res. Phone '1 �`I' ``C•3_f3,50 Bus. Phone 4ti'I - ''..t- 5'••i� dress S9o1 vtt-t_A QA Cl C— ivr. City ,. ..t. :�,,., scnc:.I State LA Zip fiess #2 9e Res. Phone Bus. Phone dress jAd "Ar �::L ". _ City ytness State Zip #3 ./A LNe t., .t T[Y ... ,, e! Ae.L AJ Age ar `) Res. Phone -t :. •) -- :•'� Bus. Phone l•`(""1 !I - 9,7"1 dress City State Zip Arrested By (Private Person) SColl rr1 C_kt olC A,Jr C Age Res. Phone Bus. Phone ar. / -ir'S ri Me Address City State Zip Describe Grcurn> tances Leading to Arrest; include FJements of Offenses; Note Nature '2 vJ Ar A•. � •.T eo5'e Evidence and Location Deposited: v. n_e- vL. 2c''S ^_ -�-- '1 •.,� -r `�-c .. ux r!.aa Ar ti.A n(•.r t :, :? _r3A i�c• -, _ r^ dGGu/L2 L'� ,wS:�, 1 --•'rE l+ati2, y ,...R1 �u /2-1•L-C /?•JV•Sls� _j1Si "= C J -.+ T ^q c T`C9 i� E v, t T�• 1 S t O t l I,v' -, a w rY: y• S .+ ? a •_! y• S •.. — A—'7 C.Cy ..."�.. St.e� tRC' \•'fir --L` '-,.� vii__.a ,+t,K. L"f 6A« -... sJ :..�R; 't-a 1'K� n.� - -r /.�•: S- r SC��,r LA 'R2 t•>c_.•.: i•+.-��A` v'r R�1S C.a ./� e.'I.L .. ..tJ cLo„7 rir : ^._E I Involved? M Yes ❑ No Location: g, z Z, n A e, isor Appro a ID No. Arresting Officer ID No. Vacation Period ' ate '� ep d Clerk HtlYU FpRI i.f 1�• 12-9ti) N' "PORT BEACH POLICE DEPARTMF' CONTINUATION SHEET Page No. 3 Type of Report I}.r.t c s f 2� !, ,z.! Booking No. DR Number cu — 1; C P, A L lz.0 -, .k -- i 4, <. Z V , c , ..r1 . n" IV-(j A ... ri e"> r-o O/z I .,l r , ..i V 7 " `6 3 v Cz N '; • , glut . i7i A^/ ., w�1 T•[. =...1 : ("u rz y.i. Tb ..I e'<:; jr-r..'t_ e C Y FE Su is rApprovin ID No. Reporting Officer(s) �2.er(s) PPO F. 3.15 (R.. 109 0 �J J n1� WPORT BEACH POLICE DEPARTY T ARREST REPORT Location of Arrest 3`i' d1A uPo2TO RD IS DateTme Arrested 7 -5-00 DR Number 1 00-0- IV-V -$ 7 necting Reports by Type and DR Number 1.10�•� Videotape of Arrest ®Yes pNo Videotape # 7'7Lf(( Arrestee's Name -#1 Last First Middle ,- - Z.t. tC yAJ OC# Charge (Section, Code &Definition) s ` -Ir - /mug , c� / ✓TaXr C A l .-j Arrestee s Name 42 Last First Middle OC# Charge (Section, Code & Definition Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) liR Witness #1 I�t-AS C:YCIL Age �� Res. Phone 7 "�- 3- r�F-f.o7�b Bus. Phone Adqdress I 15 ALA ISFl-.. -A ST. City li V..vT,- v Lr Tt>•J (3 t_''1'1CH State Zip Witness #2 („/Ar,( -At-e OSNuA, STEP +t�.J ge --3 Res. Phone 71V-533-7,711 Bus. Phone 4 Tess O S 3 �• t -HNZ- /�/� ity ANAHIsIM State Csr Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. one Address city State Zip Describe Circumstances Leading to Arrest: include Elements of Offenses: Note Nature of Evidence and Location Deposited: O>J 7- q - oO AT FGS At- o(-7 t -f.4Ac A-I� w en C_0 1 3 i °a i "C .+ C-1 -10 'T IS T' 1. Z" C•t- 01= Th C- 4- Pr }2r. (r Src LY "li CE rNVZ A ft(,VT I ✓.a i. fr sit 2A C, J 3S�c7S_ lti�o_� ,q,2/L. ✓crL. y 5A J C. `C.. ST'Z. r- CrL(/Gt -- cC...2. Y1 GU14 r@ri1 F2..M T"rE 5�1 ZL g-a-z. 'P•s L'� wGn�• -.- kat-�I �L _ —._ N , L.'f 0.J 7--1 E G 2a .., ,..a A.,I 7>r'i -C.1 J Cr N i m TO Q k T _ T-r _(r'+T I7~ h . _- rr+ A7 I*r Cog CA I- 1 . �. L. n�-..� 'Ro u.? -=- I•= - -- L�_ --P -------- - - - - - -- C A 4, LI, C. --n ...... d - -*-0 S T+'[ -..� tr 1... E fF-_� �/ trt...�'� - -lr-t. C- � -� J K •_ _ Auk of Involved? ® Yes ❑ No Location: 13 u 2- 2- Supervis Ap roving ID No. / Arresting Officer ID No. Vacation Period UatelTi eprodu d Clerk NSPO Fq 5.1 (Rev. 12.95) pj 1 X h 1. n 1 ■ ly I `WPOR'T BEACH POLICE DEPARTY "T Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number -/p 1Ht c- S %cz-z, -,-,y or^Y -, c-rJ2S A-0 /ny; T A-J C-a H. �. L•i c�S Cr (%+2., rn A- .f..,/, ,..t S L.tA -c� -r-� Tn C 1-- -A L Lr st'...o ,,., Al - /...ffcr E TL I "/ c.n✓tG� r.✓ P "''Z3 A-T o-./- M-�.0 -c /} -10171-/7 T r Tb (r L�� N ' ..,-t -b (�A'L. M /JO ....-J 1 / C/-1 L e;-> N /L.) Cu r -� L-l- TO 1 -�, c -G , J TL. r -/ '!•b K , -.-, .t �'L r o o Tl-re?2J. N(F, L„4-j -r-, e,✓ IOLAt c' rJ A i m/a��. Cam.,/r -Ac-T w,-7>t CA- Srl,LAS wk wacJ -7H% J�l X.S-r $ (?Z,w 2 ,Ty G u A-R To .S CLc C/A-. , L -t..- )mil G K T r •., Cr w i'T v1 w A L-L A L � . i� �S LA AS }A 1 7 /.1-S C� �C '--7 T � iIA�C tC Ta-• 7t. 2 k '//-T o7'K oyC -• NE Tti, c-j $A.J C�..,t -L. Y( l� w!+Lt q c v t ice-, /•1`- 2. �.'. T 1'1 S i GA- J, LL.A S CA S , i ce/ Lc� /�... A -Trt� SC O L -'TA, J C A ,, t C- Cy[ Ad $7r %-TZ"7 r—, L T. Cc CI A i r A S T+. <+1 7-,0 o K v, r �+, ti �. i G /c-... -., ... A- SJ r im,.. C- E T" c,2- S ,C L /- Il a.. CAL I. C-A ,... C.c- WA S H C2 O l.t .✓77 L'l7 • C A ,•t , L4.- s u 1 l Yi , - C"--> [.,a T y rr iS r-.� c, l.:- 0.., 2, G- T•�� S tea. /�-,_ C O ..J X2,.0 Cr-, 2 �S TL, 'r W CLT -F wi T,., .wA t.LA C C A T '�-t 'c' /S /•i/C . H/ •• if /L 0��� I � A l.•. AN ,- C S/a 1 /J C 4 N r 1..•L- S ti7/J <"�/ Ly N r'% H r r1-7 r-b2 ..,o /a PN A/L c./T /Z- .-^A-:. w/-t l-. r H /-1v c C Tb S T✓e- , 1C-ty /�/.1-C_ 1L /-j 2,: C.eY S , �.L /a 1 V p�--, 0 i -J NO r . -T' T-0 ( 2.JS bZa TL r -0 -L --SA "-IL^ Y. -- 6-.17A Cir-Cj ' CA r< . t-(-- E-C: - C l A- L''iw '1+2•c'1+, Lam/ S -jr C- A j AL - Cu,. L.,e OJ A.- Apia� i A, %�c"T Ja•�/. C('bt`C -H WAS 6X-r'z ^l I-/ .f L.w 2,Lt'3 R.•r'J R� 71- CS N , i C-i CS W .£'-L Ic v,l 14- H I H A7 C � T- o r r t w TY M /1, 7"9 1 ,J C, H .> 6/}L4- LC. N cr Z,- v C7>r /a-Cr t -T-A 'fZ^7 'M',-.... t (r- t^ E t In .S G-o, .... C>- -T o >L. mot_ w 4 v..L L c. �. •e- . (,A A.0- 0 3 - r.17- -+-, 0-y 71,15 o jO, -/ r a.✓ C- /4, t— ,,..A --S o L ,ve -, u J Oi C./'c.. L 4- -7 f- - / -. S � .-t_- 1 ../ ;ro W, C A 'r o -J A-s E w A-] LC --- /a 1 L.-,E ;-o C4-t. r"2 Yt , J Oy.✓ I.vt mo t- es 7+2 .1 ('. -L -r to . 3 PO -J-YI -, t_ r 2 3 e o�.., LA ieJ A- 2/L,V, --(s A-T -r'" 4E 1 L. L, 0 C?-, lQ S wig A A-S H c A' c J / c • / 1 , .,J' -T • ,£ r-, G - T . l T'/C./SJ S H G ,,A S 4?, 3 Y O/L. Stn o... !Y _ HE 'M A+ A-% ,. --o FIF-, Ld A- 13A L- JA . /$ L . h C wcd� CL t4--t C� r <.c_. (3 D etc.-.h A•...i 'T+•,1a--5 r -c.-e° -ro ...340 �, C'a --HrLL ,6(b No--r 414Vo� A CdA/C< CSS /Q✓ Supervisor Appro ' g ID No. Reporting Officer(s) ID No. NBPDForm115(R.v. ll YW) 0 I 1 A _WPORT BEACH POLICE DEPARTM' 'T ARREST REPORT Location of Arrest "0 VIA" oPu 2_-, O RD /S Date/Time Arrested S -moo -oo JiS�S DR Number 00-Q5 + /°J netting Reports by Type and DR Number NOn'G Videotape of Arrest j) Yes C3 No Videotape # Laos Arrestee's Name 41 Last MOU First A Middle OC# Charge (Section, Code & Definition) C.Pi. C. q -1 j e�u •5L i C- 'f f../'1 J x , r�'I 1 .�.•./ Arrestee's Name -#2 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 5T2A- iTu+J, l?ou.:, -LAS j-}, Age d3 Res. Phone 4�9- 3b3 -J/'L Bus. Phone Address a309i /-;A Se V(nZ -off City s .J J,.,.J tAPis,- v...N- State to Zip Witness #2 G L "y -1 O.J »•: � C. > + A C L f! 9e � S Res. Phone g .: y _ 7 ,oi Bus. Phone = S e - C- `t r 3 Address 3 ct .J d, _. .., 5T. City 1 Z_ ..i is State _,4- Zip Witness #3 Age Res. Phone Bus. Phone Address city State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Desaibe Circumstances Leading to Arrest Include Elements of Offenses; Note Nature of Evidence and Loaadon Deposited: _ Oi.I S -10 - °J AT A o),�S C, R- LA'�u-G N ..1 •,-i :jLL OF 1 "LLU /': •.i j�l L, .<.. •.'. C.C.yT ..f :..•:....� U^ � -••� 2v1L ..//j (•\ /Z� —� SAS. -) iS7rt4 �f.i -1 i..t �. �.. .: �__..__� rJ� • ^ ^_. _�_.__��_— __.!ate.— _ -_ -�- ..T C o -.2 Y,q .z :� oG �•.� f3... S, ../G -w_, �e, nt o,.. .'t c..l ___�T�i7 .+t o.J (d,E A S 1.- •Zai C G.. C'_� r \6 -J r, JI S 1\ .JJ A 7L Llrc. 1•1 -_`_ l /�"z $.. V 1 "y 2- 1.,` '---- " -' ---- -- Lm A o c co, l-•' c — ... -,,..i -- ` 1' : i ... L• "� T+•, ALL., i'4, a _ -- - -m_.. - - - -- - -- - - hof Involved? ® Yes ❑ No Location: /3 u z Z_ 3t-wL Supervisor Approving ID No. U *26D Arresting Officer P2' ID No. Vacation Period ), DateTme Reproduced Clerk 5 W d (S S an (Km, 11a? M'vUTDTM V i . NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT 7 q Location of Arrest 3450 via Oporto RD 15 Daterrime Arrested 5 -12 -2000 0145 DR Number Connecting Reports by Type and DR Number Property Videotape of Arrest ®Yes ❑No Videotape # 6628 Arrestee's Name -#1 Last Gamnig, Michael Kurt First Middle OC# A R Charge (Section, Code & Definition) CPC 647F - Public Intoxication E S Arrestee's Name -#2 last First Middle OC# T E Charge (Section, Code & Definition) E S Arrestee's Name 43 Last First Middle ' OC# Charge (Section. Code & Definition) Witness #1 Stratton, Douglas Age ' 22 Res. Phone Bus. Phone Address 3450 Via Lido City Newport Beach State CA I Zip 92663 W I Witness #2 Randell, Shawn (Cadet ride -a -long) Age 21 I Res. Phone Bus. Phone 644 -3682 T N E Address 870 Santa Barbara City Newport Beach State CA Zip 92663 S S Witness #3 Age Res. Phone Bus. Phone E S Address City State Zip Arrested By (Private Person) Age ' Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses: Note Nature of Evidence and Location Deposited: On .9-19-00 at ahnut 0120 hrs I was on routine patrol in a marked gnlire unit in the area of Via O on rto and Via I On I ohsprvpd Stratton�whn I recn�anized as a serutirvTdaurd for the Buzz Bar was talking_tD- two males Stratton was trvTng to cnnvinr.P the two nne of which was latpr identified as Gamninq to ae into n taxi and leave the area as they were very intoxicated As I watrhpd Stratton talk with Damning I . ;,gw he h ^d4nrp ^t difficulty maintaining his hsisncp t; ^mniriq W S 2gtiina with Stratton rlaiminn he w;;g. not dnink I made rnntart with the two cuhie is and told them to hppd Strattnn's request or they would hp nrrpstpri The other ilnidpntified male agreed and tank ramninn hythe arm and walked toward a waiting taxi Alcohol Involved? ® Yes ❑ No Location: Buzz Bar Supervisor ApMing ID No Arresting Officer D. Prouty ID No. 863 Vacation Period DateTme Reproduced Q-- -Clerk l�p� //t5 C Napo Fa 5.1 (Rev. 3.98) EXHIBIT r il NFWPORT BEACH POLICE DEPARTNIENT Continuation Sheet �(7cl} Page No. Type of Report Booking No. DR Number 2 Arrest Report AlWout 0145 hrs., Stratton requested my assistance in dealing with Gamning who had been located trying to gain entrance to the patio area of the Buzz. Stratton said Gamning did not get into a taxi and was causing a disturbance as he tried to gain entrance. I recontacted Gamning and smelled a very strong odor of an alcoholic beverage on and about his person. He eyes were reddened and watery and his speech was slow thick and slurred. He still had great difficulty maintaining his balance as he swayed in a circular motion as he stood in one place. Due to his obvious level of intoxication I formed the opinion he was unable to care for his own welfare and took him into custody for a violation of CPC 647 F - Public Intoxication. He was transported to NBPD Jail by Ofc. Stewart. Once at the jail Stewart located a small baggy of Marijuana in his right cargo pocket of his pants. Gamning was issued a citation #NBK06726 for a violation of H @S 11357(b), Possession of Less Than One Ounce Of Marijuana. d Supervisor Approving ID No. Reporting Officer(s) ID No. P D. Prouty 863 ' NBPD FO 3.15 Mft. 3.98) 0'1 Nrwun D•r Rr A!U PnTTrc T1ruAD pTE All p BRIEFING P Preliminary Investigation of: D DR No. p CPI p VNI pcsu g gA7revz-Y Location of Occurrence R RD D Date & Time Reported to!PD Connected R Reports -Type & DR 34so VIA• oeoA- -r-o 1 1.5- 5 57-S -oo I A AruLc-z -r . Occurred On M Moldylyr D Day T Time M Moldylyr D Day T Time S Stolen/lost R Recovered E EsLDam.ArsoNVdlsm Or Between: $ S-S- vo F Fe-1 0 01 ro p $I $ $ $ $ $ $ Last Name (Firm name if business) First Name Middle Dob A Age S Sex D Desc I I Hgt W Wgt H Hair E Eyes CTuyrrro,11 MrGNALl_ W- S' / /4 -7F i ifs M M C C, S S'18 I 1 180 4 43L)C e e,W Residence Address C City S State Zip R Res. Phone V + +G C CA 9 9417 --791- - oa-7c7 Business Address C City S State Zip B Bus. Phone C 3 345_0 VIA oe"tro 1 1/EN /o a. 3grAc -s.; G G 5 5L16c3 q qYt)- 84-6- G` .Cl T V Victim's Occupation V Victim's Condition V Veh. Lic. No. State Y Year M Make' Model C Cotor(s) M 5 5e e. v s. Y N N0 L .n A n n/ A Notifications- Persons & Division V Victim Advised of Confidentiality Provisions Per 293 PC? 0 Yes 9 No Victim Desires Confidentiality? 0 Yes *No Domestic Violence Related? 0 Yes 0 No G Gang Related? 0 Yes ,9 No H Hate Crime? 0 Yes ® No A Alcohol Related? Weapon Involved? 0 Yes 0 No W Weapon Involved? O Yes ®No " "Weapon Involved? 0 Yes 0 No 0 0 Yes O No Name If Known- Booking No. & Charge If Arrested (List Additional suspects In Nam ve) D Dob A Age S Sex, D Desc H HgL W Wgt. H Hair E Eyes HeKNAN0L'2 M16- L G-A-z .C_A $ $-a) 7Y � �, . .h H H S SF7 1 165r 3 3Uz3 - -z Address C City S State Zip I IRes.Phone Bus. P Phone S / /4 .1(0 S. 'LCJM C-,Z S SA. " 4-v Ar r r-A 9.) 7 707 94q - 7T-y- 44 S0o - - 757 - -77oo U P Personal Oddities (Unusual Features. Scars. Tattoos. Etc) T Type of Weapon (Threats.Fo=.SImuIW Gurk Fu a ) If We Dafbc S 2 P O ONE HOTr; -Q . 2 E C Clothing - AdditionalDescrptors A Additional Suspects? 0Ye C T TA Swoer SL.e�� sN.e: 3�Ae- TkrVk .S 7-,+j S"ae& ( (List on Page 2) 8No Veh. Lic. No. S State Y Year Make M Model T Type C Color(s) ,J IA- Inside C Colon(s) M Modifications D Damage - Additional Desc. Mrd.ed POeand Codes: KKC:iM RAe � Person WN.hMess DOiscov Person P -0irenl Code N Name R Residence Address C City S State Z Zip V -A C CAS IL-LAS,' CW -1C- A 1 119 & &C-V%CK u ut 5 52,630 Dob A Age S Sex B Business Address (include Zip Code) B Bus. Phone R Res. Phone 3 7$ 3 3� ^ ^t 3 3�FSo VrA beo2m i1, S. F Fy- L73-'%7ao 7 7/� -3 7 F -6o 78 Code N Name R Residence Address C City S State Z Zip W , ,JAKA•So.JL- C�IIA0 -S 5 530 W. W-174 '-I j j ce,T­p• Merl Ar C CA Dob Age S Sex B Business Address (include Zip Code) Bus. Phone R Res. Phone' 10-12 -7 at It s s•F% 5 5-0 VtA orot:v 1 3A. 9 f5- f.73 -'f7oo 5 5!9 7�3-oS9rs WQ - SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IOENTIFY THIS SUSP.Cuss ravass side W add0wis!rwr+WeJ Burg: [3 Force [3 No Force V I C.T r M(5) A 26 se-L. 2 . :�/ PIG ZS a. �a -` A-T uA 12.- J I " �I.3 VI CT I —.S STY9 n TI. 'i'Q e l f-. zT� _7 S l'� t -: o T c P ,SMZ A r S'k'i. NG- Tti e tc-J H IS 0 C-I Nr_ o,.l OT P ^.7a S 1}-., o nC­f- i o -tl. - S.isi'EYT Srh2.SZ7 cif. -i r.... A-� S /a's+'7 /Ldn•+. v tt-.� F-2.o, -1e 3A�! . S fL/ P2 . Iq 7C- &�—G S . -S .4.iri ,C=,r, AbL SupervisorA ro ing ID No. I Investigating Officer(s) ID No. .. S Signature of Reporting Person �. I "2o4t 9C 3 Date a � EXHIBIT NF `'OBT*$E.CCH PbU E DEPARTDTE' Page No. 2 Type of Investigation pp, rsti� y DR No. ° - f 4 S- ( ddl'ona' suspects, victims, involved persons. (2) List stolen/recovered property. (3) Reconstruct the occurrence: (4 Describe any evidence, including prints, state locations found and by whom. Give disposition. W Include all elements of the Item No. Duan. Article Brand SModel Misc. description (Color, Size, Dollar Value Serial No. Inscriptions, CaMier, Eta) 4- A— w,; 42r -15 k S W - S'r>t A r i u.J riu ,. Cry A- J A . '7 - -7 - -7 7 aZ 9o5 r Pn �t'a .i .•,c Si++s T..A-j C. -Pt arcn., 3 C^- 9`k - 3Sa "At 74 34 s-t� VIA o S. 9f9- r- 7'a-'/7o0 W— Co`//h5a 205. ca jko 11- 17 -71. dooms '� FiuC. sf4 rru 714 C- 'S 14- 1rm VIA 145'GiI- N7,2o tupervisor Approving ID No. Reporting Officer(s) ID No. 3PD Fafn ;)5 (RC,. 1P96) NF`vPORT BEACH POLICE'DEPARTAtENT ARREST REPORT Location of Arrest 3450 Via Oporto RD ;15 Datelrime Arrested 10 -29 -99 0120 DR Number 99 -10826 Connecting Reports by Type and DR Number Property Report Videotape of Arrest ❑Yes ®No Videotape # Arrestee's Name - #1 Last First Evans, Jesse Dominique Middle OC# A R Charge (Section, Code & Definition) CPC 647(F) - Public Intoxication i E S Arrestee's Name -#2 Last First Middle OC# T E Charge (Section, Code & Definition) E S Arrestee's Name :3 Last First Middle OC# Charge (Section. Code & Definition) i ' Witness #1 Dabalack, Darrin M. Age 26: Res. Phone 714- 638 -2571 Bus. Phone 949 - 673 -4700 Address 9422 Imperial Ave. City Garden Grove State CA Zip W I Witness #2 Age Res. Phone Bus. Phone NAddress E City State I Zip S Witness #3 it Age . Res. Phone Bus. Phone E S Address _D, p? AF,nt ° `� 849 8,19.5 P. ^L� 549 5r City . , State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses: Note Nature of Evidence and location Deposited: nn 10 -7q -qq at ahnut 0190 hrs I ohspnrpd Ri= sprijrity offiCer nahalark physically escorting Fvans rnrt the front door of the har. Fvanc was ctntggling with nahalark and was attpmptjng to pull away from him I made contact with Evans and identified myself as a nolice officer I told Evans to quit struaalina with th n;b ^lark and calm down Fv^ns rontinued to null ^ter ^y and try to strikp D ^h ^lark with his arms As I ctnod npvt to Fvanc I could small a strnngsdnr of an alrnhnlin hpvpranp on and about his person His eyes were reddened and watpWqnd his Speech was very Slurred Fvanc rontintipd'td stniggle with nahalark and I formpd th -onininn he was unnhlp to rare for his own— 11cohol Involved? ® Yes ❑ No Location: Buzz iupervjspr Approvinq ID No. Arresting Officer D. Prouty ID No. 863 Vacation Period leFfime Reproduced C1e �/. , UCH Z� rPOFa S.r(Rev.3 -se) 1� V I' L1 NF "!PORT BEACH POLICE DEPARTMENT Continuation Sheet �a 2 No.1 Ar rest Report (Booking No. DR Number 10826 I placed him under arrest for a violation of CPC 647(F) - Public Intoxication. Evans was then placed in a police unit. Dabalack told me he observed Evans reach behind the bar and steal a beer. He made contact with Evans and told him to leave the bar. Evans did not immediately leave and Dabalack escorted him by holding on to his arm and walking him to the front door. Dabalack said the management wanted no prosecution aganst Evans for the attempted theft. Upon searching Evans wallet I located to California Driver's Licenses . The first one was in the name of Robert Walter Korte, (CDL# 66127293). This CDL was in Evans wallet in plain view upon opening the wallet. His real CDL ( #B6528328) was buried in the back of his wallet. Evans was only 20 years old and admitted he had used his friends license, ( Korte), to gain access to the Buzz. Evans said Korte did not know he had his CDL. Both licenses were booked as evidence. Evans was transported to NBPD for booking purposes. 0 Supervisor Approving .. J LV N ^i r,r. Y. Ifi1 d !D No. Reporting Officer(s) 4-�L/ 1 D. Prouty !D No. 2 863 J"1 J NrkvDnom Dr. ru Pnr r�r Ill rD. %DT1rrm, ] T.ELEPh _ C dR)EFiNG .• In .. Preliminary Investigation of: DR No. ]GPI G INI ] csu " Possession Of Fraudulent Identification 99 -10826 Location of Occurrence RD Date & Time Reported to PD Connected Reports -Type & DR 3450 Via Oporto 15 10 -29 -99 0120 1 Arrest Occurred On Moldylyr Day Time Moldylyr Day Time Recovered Est.Dam. Arson/Vdlsm Or Between: 10 -29 -99 Fri 0120 1,, IStolen/lost $ N!A $ N!A $ N/A Last Name (Firm name if business) First Name Middle Dob Age Sex Desc Hgt W9t Hair Eyes State Of California Residence Address City State Zip Res. Phone V ( Business Address City State Zip Bus. Phone C I T I Victim's Occupation Victim's Condition Veh. Lic. No. State I Year Make Model Colors) M Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes ONO None Victim Desires Confidentiality? O Yes O No Domestic Violence Related? O Yes O No Gang Related? O Yes O No Hate Crime? O Yes O No Alcohol Related? Weapon Involved? O Yes O NO Weapon Involved? O Yes O NO Weapon Involved? O Yes O NO O Yes ONO Name If Known- Booking No. & Charge If Arrested (List Additional suspects In Narrative). Dob Age Sex Desc Hgt. Wgt. Hair Eyes Evans, Jesse Dominique 7 -18 -79 20 M C 5'8 135 Bin Blu Address City State Zip Res. Phone Bus. Phone S 8522 Milne Dr. Huntington Beach CA 92646 714 - 374 -9514 U Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type Of Weapon (rhreats.Force.simultd Gun, Etc) If Knife or Gun. Describe: S None N/A P E Clothing - Additional Descriptors P tyt_; t' rAtiil i nalSuspects? 0Yes C Blue pants, Green Shirt __ -`V � yi7j 1 % 'o test on Page 2) O No T Veh. Lic. No. State Year Make Model Type Color(s) Inside Color(s) Modifications Damage- Additional Desc. +volvM Pe Codes'vviatm R.Reoonin Person W- Wlness D-Otscovennq Person P.Parenl .ode Name Residence Address City State Zip )ob Age Ser ness Address (include Zip Code) Bus. Phone Res. Phone ;ode Name Residence Address City State Zip )ob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone a.0.- SPECIFIC OR UNUSUAL ACTIONS THAT MAY TENO TO IDENTIFY THIS SUSP.(Use reverse side ra additional narrative.) Burg: ❑FDfde ONO Force Suspect gains entry to bar with someone else's CDL. Suspect is later arrested for Drunk In Public. Refer to arrest report for details. I ;upecvisor Ap vin9 ;, ID N_ o. Investigating }' Y 4/ Officer(s) ' ID No. D. Prouty 863 Signature of Reporting Person ' & I roduced Cie PO Form 3.1 tRev. 3-M) 0 to NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest 3450 Via Oporto RD 15 DatelTime Arrested 4 -25 -99 0145 DR Number 99 -03689 ling Reports by Type and DR Number N Videotape of Arrest I []Yes E No Videotape # _ Arrestee's Name -#1 Last Dimitrijevic , Alexander First Middle OC# p Q A R Charge (Section, Code & Definition) CPC 148, Resisting Arrest R E' S Arrestee's Name 42 Last First Middle OC# T E Charge (Section, Code & Definition) ;E Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Lowry, Billy Eugene II Age 42 Res. Phone 714 - 335 -5984 Bus. Phone 714 -535 -2211 Address 9862 Blue Reef Dr. City Huntington Beach State CA Zip 92649 W I Witness #2 Age Res. Phone Bus. Phone T E dress City State Zip S S Witness #3 Age Res. Phone Bus. Phone E S Address City State Zip Arrested By (Private Person) Age Res.Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest Include Elements of Offenses; Note Nature of Evidence and Location Deposited: On 4-25-99 at about 0145 hrs Ofc I Pwis and I were On routine hir,yr-1p patrol in th . area of the Buzz Rar 3450 Via nnorto As we rode towards the front of th bar frt)en G ntral St we saw a large number of people in-the -stream as the barhad iustclosed , I saw the maiority of the oeaole were looking at two males in the middle Via Oporto directly in front of the har. One malP was restraining the other later identifiPd ns nirrihmmovir by ho__ Ids him in a sort of bear hua_ nimitrirevic was srreamina at the ton of his lungs and struggling with the unidentifiPil male Ofc I Pwis and 1, mach contact with both s thiprtc I heard the unidentified male tall nimitriieyir to calm 101 Involved? N Yes ❑ No Location: Buzz Bar STMTrrvisor Approving ID No. Arresting Officer D. Prouty ID No. 863 Vacation Period Datemme Reproduced Clerk T� 48PO Fpm S.I /Rm 198) NF• "PORT BEACH POLICEIDEPARTi1IENT Continuation ;Sheet 'age No. Type of Report Booking No. DR Number 2 Arrest Report 99 -03689 down. Dimitrijevic continued to fight, kick and scream at the other people around him. I told Dimitrijevic to cal down and relax. He saw Ofc. Lewis and I and became even more irate yelling "what are you going to do about it ". I again instructed Dimitrijevic to calm'down at which point he started to kick at me. He again yelled at us, "what are you going to do ", and "come on ". I formed the opinion he was in violation of CPC 415.1, challenging to fight. I decided that Dimitrijevic was not going to calm down and Was going to fight with anyone he came in contact with. During our entire contact he had been restrained by another unknown male and was continuing to fight. I reached out and grabbed his right wrist and attempted to handcuff Dimitrijevic. As I attempted-to place the cuff on his wrist, he broke free of the restraint by the male. Dimitrijevic began kicking and pulling away from my grasp. Ofc. Lewis had grabbed his right wrist as he continued to resist. Dimitrijevic tried to break free of our hold by writhing back and forth. Ofc. Lewis grabbed hold onto Dimitrijevic's upper body and took him to the ground. Dimitrijevic continued to resist to the point we were concerned for our own safety and requested emergency assistance from other units. As we waited for help to arrive, five unidentified males attempted to come to the aid Dimitrijevic. I ordered them to stay back which they eventually complied. As responding officers arrived, Ofc. Lewis and I were able to complete handcuffing of Dimitrijevic. He was then placed in the back of a police unit without incident. Ofc. Lewis was contacted by witness Lowry. He explained he was seated in his taxi in front of the bar and witnessed the entire incident. Lowry described the suspect as "out of control ". He observed another male hanging on to him trying to calm him down. He heard us tell him to calm down and relax. Lowry also saw Dimitrijevic try to kick us as he fought with us. After being placed in the police unit for several minutes, I contacted Dimitrijevic and asked him what he was so angry about. He told me he was upset about some,guy trying to pick up on his girlfriend. He said he is from Sweden and did not think he did anything wrong. He admitted to knowing we were police but did not know he could not fight in public. As I talked with Dimitrijevic, I noted the strong odor of an alcoholic beverage on and about his person. His eyes were reddened and watery and his speech was thick and at times slurred. Dimitrijevic was taken into custody for a violation of CPC 148, resisting arrest. He was transported to NBPD Jail by Ofc. Tavaglione. Supervisor Approving ID No. Reporting Officer(s) ID No. (� D. Prouty 863 `�b NBPO Fpm 3.15 (Rev. }98) 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT H. BURNHAM, CITY ATTORNEY, #44926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, DEPUTY CITY ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH In Re: Public Hearing on Revocation of I DECLARATION OF DAMON PSAROS Use Permit No. 3626 DATE: November 9, 2000 I, DAMON PSAROS, DECLARE as follows: 1. I have personal knowledge of all of the statements contained in this Declaration, except as to those matters alleged to_ be true on information and belief. If swom as a witness, I could competently testify to the contents of this Declaration insofar as those facts, acts, events, and occurrences of which I have personal knowledge. 2. As to those matters alleged to be true on information and belief, I believe the matters to be true and have received information from Newport Beach Police Officers, or in some cases, civilians which support my belief. 3. 1 am currently employed as a Policd Officer with the Police Department of the City of Newport Beach. I have been an employee of the Newport Beach Police Department for 3.5 years and have spent approximately 1.5 years in my current assignment, which is bike patrol with specific detail at Buzz's on Thursday, Friday and Saturday nights. 1 have received training in the recognition of symptoms of alcohol intoxication or alcohol use, training in the recognition of violations of State and local law and training in the investigation of violations of State and local law. I am familiar with the 1 DECLARATION OF DAMON PSAROS rG, A.. , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Buzz which is located at 3450 Via Oporto and is authorized to operate pursuant to Use Permit 3626. 4. During the last 14 months I have been working a shift that begins at 1630 and ends at 0230 and I am regularly assigned to work Wednesday, Thursday, Friday and Saturday nights because those are the busiest nights of the week. The Buzz opened in April of 1999 and since the club opened a large percentage of my time on patrol has been spent in the vicinity of the Buzz. I am generally on patrol in the area adjacent to the Buzz between 2100 and 0230. Since the Buzz opened for business I have observed a dramatic increase in the amount of criminal activity in the Lido Village area. 5. While on patrol I have walked through the Buzz approximately 20 times. The majority of my walk throughs of the business have occurred between 2100 and 0130. 6. 1 have never seen people eating, dining or food being served. On approximately every Thursday, Friday and Saturday night for the past 14 months I have observed that Buzz was operating exclusively as a nightclub/bar. Over 90% of the patrons inside the Buzz were consuming alcoholic beverages (other than incidental to dining) in1 / areas other than the bar areas as designated on the approved plans and specifications, and the license bars, service bars, or beer tables permitted by the A.B.C. 7. On approximately Thursday, Friday and Saturday nights I have observedtheard that noise generated by live entertainment or pre- recorded music could be heard a significant distance from the exterior of the Buzz and as far away as the residential area west of Newport Boulevard. 8. On numerous occasions, I have ;'observed that there was insufficient personnel inside the Buzz to control the conduct of all patrons inside the premises, as evidenced by fights, altercations, overcrowding, blocked stairways and aisles. 9. On numerous occasions, I have observed that permittee failed to control the conduct of patrons entering and exiting the Buzz. Lack of control was evidenced by the many altercations and disturbances in the parking lot upon closing, and repeated, disorderly conduct by Buzz patrons in front of the Buzz on Via Oporto and in the 2 DECLARATION OF DAMON PSAROS 4� 11 0 C� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 structure adjacent to the Buzz in the late evening and early morning hours. 10. 1 have personal knowledge of numerous violations of State and local laws committed by permittee's patrons which, in my opinion, were attributable to the business practices of permittee or the failure of the permittee to control its patrons in that: A. I have issued many alcohol related citations to individuals who have advised me they were drinking inside the Buzz or who have just left the Buzz. I have observed many Buzz patrons urinating in public in areas immediately adjacent to the business. These individuals have become intoxicated or nearly intoxicated due to excessive alcohol consumption in the Buzz. I have also observed numerous intoxicated Buzz patrons in the parking structure near closing time and have issued citations to these individuals. I have observed Buzz patrons leave the bar to go to their cars to consume illegal drugs and have made numerous drug related arrests of Buzz patrons in the parking garage. These people have also apparently been served excessive quantities of alcohol while in the Buzz. B. I have responded to approximately 20 complaints of Buzz patrons fighting inside and outside of the club. On numerous occasions, Buzz bouncers have ejected drunk and disorderly patrons and individuals involved in mutual conflict inside the club. Once these patrons are ejected Police Department personnel are typically required to arrest, detain or cite the individuals and frequently we are required to prevent a recurrence of fighting. Individuals engaged in mutual combat each are violating Section 240 and 242 of the Penal Code, Section 415 of the Penal Code, and provisions of the Newport Beach Municipal Code. The fights that have occurred inside the club are, to a considerable extent, caused by excessive alcohol consumption, the lack of internal security which leads to overcrowding and not enforcing the occupancy limits, pushing and shoving, and the lack of sufficient internal security to intervene in verbal disputes 3 DECLARATION OF DAMON PSAROS �� 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 before there is physical conflict. Internal security personnel have advised me they are routinely unable to handle the patrons due to the large number l of individuals and the large number of intoxicated individuals. C. I have discussed my observations and concerns with Rich Calhoun, the Buzz manager, and "Fish" a bouncer, during many of my walk throughs of the Buzz. They has been cooperative in a sense, typically corrects the violations at the time requested, but the violations reoccur week after week indicating business practices that do lead to fights, drunkenness, disorderly conduct and disturbances. The Buzz appears to be generating substantial revenue through the sale of alcohol without regard to the continued sale of alcohol to obviously intoxicated patrons or nearly intoxicated patrons. For example on Saturday night October 14, 2000 1 observed Buzz bouncers physically carry out of the Buzz 3 females who were either passed out or too intoxicated to walk. D. I am also familiar with, and have conducted numerous walk throughsi of, the other restaurants in the area.- Other restaurants serve food as the primary purpose of the business generate far fewer problems than the Buzz. Those restaurants that serve alcohol within a bar area of the restaurant control the conduct of patrons, keeps certain areas from becoming overcrowded, and generally intervenes to prevent physical altercations rather than trying to intervene after fights break out. I have observed far fewer intoxicated or nearly intoxicated patrons in other restaurants with bars than intoxicated or nearly intoxicated Buzz patrons. A restaurant that operates a controlled business is very cooperative and implements long- term solutions to problems we ask management to correct. In my opinion, there would be far fewer violations of State and local law by Buzz patrons if the Buzz management operated the restaurant in compliance with the approved floor plan. 4 DECLARATION OF DAMON PSAROS l 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. In the past 14 months I have prepared, or participated in the preparation of, numerous reports of violations of State and local laws by Buzz patrons that are attributable to Buzz business practices or the failure of Buzz management to control patrons. Copies of some but not all of the reports that I have taken, or participated in taking, are attached to this declaration as Exhibits A through J. Several of the attached reports are for service of alcohol to minors who have been allowed in the club with false identification. The report attached as Exhibit F involves an obviously intoxicated patron who consumed too much alcohol in the Buzz and was verbally assaulting the bouncers of the club who had repeatedly asked him to leave. These reports are very typical of incidents which routinely occur which involve Buzz patrons and Buzz employees. 12. Based upon my observations the Buzz is being operated exclusively as a nightclub rather than a restaurant. A. I have observed the following nightclub operations at the Buzz: (i) Charging a cover fee at the front door. (ii) No food service and tables are not set for dining. (iii) Consumption of alcoholic beverages are allowed at all locations inside, including the dance floor. (iv) Portable bars set up on each floor to serve beer only and beer tubs are located throughout the premises. (v) Disc jockeys located on each floor. (vi) Separate dance floor area with black light/strobe features. (vii) Dancing allowed anywhere. (viii) The attached floor plan accurately depicts the physical lay out and uses of the Buzz as I have observed them. Specifically, since January 2000 1 have not observed interactive games and simulators anywhere on the premises. B. Based upon my observations there is inadequate security within the premises, security typically fails to call the Police Department to respond to DECLARATION OF DAM-ON PSAROS r1� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 criminal violations occurring within the establishment until the problem gets out of hand or there are serious injuries. There will continue to be excessive criminal activity at that location so long as the Buzz is operated as a nightclub rather than a restaurant as required by Use Permit No. 3626. 1 declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed this 10-26-;-W day of O r ®0, at Newport Beach, California. DAMON PSAROS M1 f.kusers\jcatl shared\pleading\buu \decofficerdpsaros.doc 0 6 DECLARATION OF DAMON PSAROS Nr"IPORT BEACH POLICE. DEPARTMENT ❑ TELEPHONIC ❑ BRIEFING Preliminary Investigation of: DR No. ❑CPI ❑VNI ❑GSU -(3 &��L � 00-692Y Location of Occurrence RD Date & Time Report d to PO Connected Reports -Type & DR -JJL r 6'.30 d ais 2p; dOn Moldylyr Day Time Moldylyr Day Time Stolenllost Recovered Est.Dam.ArsonNdlsm en: $ c0.0a $ 00.C6 $ Last Name (Firm name if business) First Name Middle Dob Age Sex Desc Hgl Wgl Hair Eyes GUL)2GU TCItA NM>J s.z /.73 27 M 13 S// Zap l Residence Address City State Zip Res. Phone V S239 F -zaLeR k,- 1.4lkeW0 0 a GA qD7 /7- n9z 7-5' Business Address City State Zip Bus. Phone C 3C/5Z) UrA o,Oom-ro QFw cnT {3CL; C4 47-663 T I Victim's Occupation Victim's Condition Veh. Lic. No. State Year Make Model Color(s) M (3OUlJC R A L Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes O No r. Victim Desires Confidentiality? O Yes ®No Domestic Violence Related? O Yes O No Gang Related? O Yes O No Hate Crime? O Yes ®No I Weapon Involved? O Yes A9 No Weapon Involved? O Yes O No ':Neapon Involved? O Yes ® No �Alcoho!Roelaled? Name If Known - Booking No. &Charge If Arrested (UStAdditional Suspects in Narrative) 10ob Age Sex Desc Hgt. Wgt. Hair !Eyes --lz N R C A CZ 42 * - , Oars ^r 5' ZZ-78' 2z le') w sb7 /SS I O bi i3 b Address City State Zip Res. Phone Bus. Phone U0 f3 i2 G c) 5TLU E6 5 /''S C zpgo( I -' '- U Personal Oddities (Unusual Features, Scars. Tattoos, Etc) Type of Weapon (rhmatS.Fome.Simultd Gun. Etc) If Kate or Gun. Desmbe: P A I_30.0r4y FORCE lolhing - Additional Descriptors Additional Suspects? O Yes T, rLE1) SEAL ^T iscvc SF_/�N5 13LlC 5'-tOES. (List on Page 2) 0 N Veh. Lic. No. State Year Make Model Type Color(s) Inside Color(S) Modifications i Damage - Additional Desc. InwN" Pemdnd Codes: KNCI" R -Re om Pemon w- Witness 0- D¢cwen Person P- Parent Code Name Residence Address City State Zip W U ALpQ, ,VyrC.NAEl- 3 42 5A -LCnn LA 9z 71( Dob Age Sex Business Address ( incude Zip Code) Bus. Phone Res. Phone(cai) 5-17-75(1 ' M s4 s -o kl=F, npavro - g 5G (, v.S3 Code Name Residence Address City Stale Zip (j✓ PgpAGp i r-) _S S4rvlSS 1177-0 R� 0 51- (�uF-vx. 5 a21Ax-5 CA i Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone ("3o( 20.11 Z/ /►'t I 0 2z37- M.J. -SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY THIS SUSP. (Use .e O sole ror addilgnil nse .) Burg: ❑ FOrce ❑ NO FOrw 5U5Q ieJSiflC OF 3JZZ" N%GitT- LU13 (;j1'- COMICS IJ Tp.CTCAm —t €D A+aa -,TniK CS u'rCT 4.' —7 LA A_ cr_es iz4 = =ST Oy TrtE LT– P. ScE ( >1%2[.5T a- v�prFMFNiRL 2pT �2 GJMAr –< L r7z�� =LS � IL. Supervisor Approving N7o._ Investigating Officer(s) ID No. Signature of Reporting Person RS 4 zo5 % 137 Date T o u e l, NRPD Forml.t (Rev. 547) PYATRTT I JJ(1 N PORT BEACH POLICE DEPARTMF ARREST REPORT Location of Arrest RD Date rime Arrested DR Number 3y6-6 VrA ohof2 -ro IS- 6.30.00 0 /0S d0. 6 ?Zy Connecting Reports by Type and DR Number Videotape of Arrest Videotape # SUPtDtLMk'4 TAL Ipr- SANC CIZ� ❑YesaWo rJCNr °'• Arrestee's Name -#1 Last First Middle OC# Charge (Section, & /Code /Definition) ZL(2 P.L C tom.4 -r -rF- { Arrestee's Name -#2 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# ia7 Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone C.4a�L '< Q-C Z� f SG-0iC /S3 Address City State Zip LI'Z 54 t-E: Nn •rf2OT- r3 I- CA I Cr 91L Witness #2 Age Res. Phone C *sel Bus. Phone PA- PALO=Z05. I 'Z Z. 3'2B ZZ3L Address City State Zip 11720 i1F Ln1 SiLUSIL S P 11706 s C. 4 — Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone (ulp' &ufs fc 560- gas- �1G9,3 Address 5�3 4 /DQ�� _ 1-1 1 C)tyK��D State C4 Z p 9oTf Desai Cira tances ea g to nd de Elements of en es; Note a r vi noe and Location Deposited: _ uL- �- ,�vccLC� ifs- ,Et.�%/L�`��� L /�',�✓..C�.t�lue2�/G�/ . zx/ GR- iil��'9..4_...I_u- _!�5. -__ -. QG(�3c �fE- L+7.f.�S _/�'/�- rC�yj- .Rbs� /.N— ��- Go- ouTs�ld n>.A_ Goysr�lG�}r° s871U- //fE.�' - - -. Alcohol Involved? ,j-Yes p No Location: �• f,�, v7 Z" NSC. NrC V V (3 Supervjspr Appyoving ID No. l/, y�� lUr Arresti Officer ID No. Vacation Period Dat ime eproduced e NBPD Fa 5.1 JB .1Z-%) 10 WHITE(I) -ORIGINAL CASE FILE RECORD YELLOW(2)- DETECTIVE DIVISION PINW) - PRISON ER'S RECE IPT GOLD(4) -JAIL REGLMR, F.YnTRTT aul FORCE epar men ADULT [] JUVENILE CUSTOD IDENTIFICATION REPORT A # 94743 Name (Last. First, Middle) AKA/NICKNAME THOMPSON, BRIAN PHILLIP OCN # CHARGE (SECTION, CODE, DEFINITION VC14601.1(A) POMONA MUNI WRT #POM6PM0625501 DRIVE: LIC SUSPENDED / ETC ❑ 00 -06822 LOCATION OF ARREST R. D. MULTIPLE ARREST -REFER 3450 VIA OPORTO NB 15 NAME DATEMMEARRESTED ARRESTED /RECEIVEDBY DATEMME BOOKED BOOKED BY TOTAL 063000 0005 PSAROS 1139 I 063000 0149 HEIM A # I ADDRESS RES. PHONE JUV Ll ISPO. 400 FERRERA CT 205 PHILLIPS RANCH CA 91766 909 - 8654740 DATEOFBIRTH BIRTHPLACE SEX RACE AGE HEIGHT WEIGHT HAIR EYES COMPLEXION 110673 IL I M B 26 I I I 601 I 215 BLK BRO , DRK DISTINCTIVE MARKS CLOTHING WORN (INCLUDING SHOES) NV BLK SHIRT, BLU JEANS, BLK SHOES MARITALSTATUS CITIZENSHIP LEFT (HAND) RIGHT DRIVER'S LICENSE# /STATE SOCIALSECURITY# S US I R A5336466 CA 567 -53 -2094 LOCATION OF ARRESTEE'S VEHICLE YEAR MAKE MODEL COLOR(S) LICENSE NO. STATE PED EMPLOYER'S NAME(JUVESCHOOL) ADDRESS (JOVE - CITY SCHOOL LOCATED IN) OCCUP.(JUV - GRADE) ORANGE COUNTY DA 300 N TUSTIN TUSTIN 3 -1114 CLERK PARENT /GUARDIAN (JUVE.ONLY) ADDRESS RELATIONSH N BUS. PHONE PARENT /GUARDIAN (JUVE.ON Y) ADDRESS RELATIONSHIP PHON BUS. PHONE LIVES WITH (JUVE.ONLY) ADDRESS RELATIONSHIP FHUNt BUSTHONE 544. INITIALS: I JH jARRESTEE'S PERSONAL PROPERTY PROPERTY LOCKER # 11 AKA's THOMPSON, BRIAN PHILIP BAIL AIVIO T I 525,000.00 SEARCHED BY FINGER PRINTED BY PH T TAKEN BY FIANDWRITIN BY JUDG MODIFYING BAIL AMOUNT TEWART LONG (LONG NT HOLD FOR: BY ORDER OF: CUSTODY NOTIFICATION BY DATE/ TIM N TI IED IN EMERGENCY NOTIFY: ' ADDRES LAIIUNamir PHONEiBUS. PHONE i SPECIAL MEDICAL INFORMATION NONE F.B.I. NUMBER C.1.1. NUMBER ATTACHED NEGATIVE 674060JBO A12253332 I ARRESTEE RECORD INFORNIATION: SUPERVIS RAPPROVI U, A CODEDBY ID TE/ RODUCED AND DISTRIBUTED CLERK INVE511UA UK ID F; COMPLETED BY DETECTIVE DIVISIO ❑ FEL. COMPLAINT FILED ❑ UNRELATED FEL. WARR SERVED ❑ ❑ ONLY) D.A. REJECT 849BI (DETENTION ❑ MIS. COMPLAINT FILED ❑ UNRELATED MIS. WARR. SERVED ❑ C.A. REJECT ❑ OTHER WHITE(I) -ORIGINAL CASE FILE RECORD YELLOW(2)- DETECTIVE DIVISION PINW) - PRISON ER'S RECE IPT GOLD(4) -JAIL REGLMR, F.YnTRTT 0 :!5:20/00 00:07:12 NI'B0 3297 ZAP 0ww N�'B0 M23: .' 1•. z 1 ���+ t�a���K��xk���� •���•�jc+t�r�CWS WAP. RANT— aE�STRaCT+ t����a�#* s��a,�}: Rrr:x�r���:..x..:��+�- .�.��K :'JCK 4 TIGENLVY: fI J0ai'0e � \'i.'� Y4y! J•L IYJ 'K BOOKING DATE: 06/201'00 BOOKING NUMBE°: 1!34 it x LASD REF'QSITORY OR THE COURT HOLDS: :e SURNAME THOMPSON FIRST BRIAN MIDDLE GHILLIE' SUFFIX k * RES. ADDR: 2965 CHAN DIAMOND BA CA * DESCR_IPTICN M B D.O.B. 11/0G/73 511 19Z BRO DLL' * MISDEMEANOR BENCH WARRANT +t * t4AR.F.Rr-.1,T NUMBER POMGPM062550.1 x.SAIL $25000.00 x * VIOLATION 14601.1(A)/VC x DATE ISSUED 02!'17/00 �!7ILG AGY LASD WALNUT STATION PHONE i 313 ) 913;715 +� COURT POMONA MUNICIPAL CT 002 JUDGE DUNN= JCI;'. W +� STRICTED 840 PC FICE^ HAZARDS * SC DESCRIPTORS * OLN A52.-t6466 CA CII 0.0000000 SSN VL_N. MAIN 00000000 * CRIGINATING AGENC`! RE ^CRT.. NO: 36-12993— 'AIL STATUS THI2 ABSTRACT IS SUrFICIENT FOR LOOKING PURPOSES � * ac• 'F ASSISTANCE NEEDED CALL LASD WARR /REPOSITORY 21Z- 465 -7SZS. NOTIFY LASD: lk +� TR.ANSPOR.TATION BY CLETS MSG C11`0 WHEN SUSPECT READY FOR PICK UP' 0 6 ! 4 ti _ _ NEWPORT BEACH POLICE DEPARTMENT, ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number 3450 VIA OPORTO 15 6 -8 -2000 2350 00 -5947 Connecting Reports by Type and DR Number Videotape of Arrest Videotape ;# PROPERTY REPORT SAME DR#. ❑Yes ®No NONE Arrestee's Name -#1 Last First Middle OC# SEUSS , ADAM WESLEY q Li L j p Charge (Section, Code 8 Definition) R 148.9 P.0 (FALSE IDENTIFICATION TO A PEACE OFCR). EArrestee's Name 42 Last First Middle OC# C�"l FARMER, JASON ROBERT 1UW S T Charge.,(Section, Code & Definition) E 14610(A)(2) C.V.0 (LEND C.D.L TO OTHER AND PERMIT USE). E Arrestee's Name 43 Last First Middle OC# S Charge (Section, Code 8 Definition) Witness #1 Age Res. Phone Bus. Phone OFCR ANDERSON #1114 949 - 644 -3731 Address City State Zip 870 SANTA BARBARA DR. NEWPORT BEACH CA 92663 W Witness #2 Age Res. Phone Bus. Phone I OFCR HENRY #1157 i 949- 644 -3731 NAddress City State Zip E 870 SANTA BARBARA DR. NEWPORT BEACH CA 92663 S Witness #3 Age Res. Phone Bus. Phone S E Address Ciry, State Zip S Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest,' Include Elements of Offenses; Note Nature of Evidence and Location Deposited: ON 06- 082000AT_ APP_ IR OX23 .4A_HES,_LWAS_W -0RKINCLBIQY CL EP- Al -FULL UNIFOR"TI HMY_P- WMERS. -__ OECRANDERSQN_# - 114..A_ ND..OEC $HENRY #11571WAS_SIANDINGIAI1-HEJ NIRAMCF- TD -IHE "S.UZ7" _ RESIAURANIAN D-N I .GHT_CLUB-NHEALI_OB.SJ9.EFS -SEUS S_WALK9UI.OET11E -. CLUB SHROS1G1iIHEF$ONT- DQQR...__ DEFT _SEUSSIOOKED.-tiERY -YOl)THEULJN APPFa RAN CE- AND-S SA_BTED TO STARE-ALM --I ISIOQD -A-EE FEETAWAILERQMJjIM-1- WALKEal2 -TO T_HF LEFT ZOyERIEYHIS.AGE.J ASKED IHEDEEIJEJ CQULDS.EEHIS__. CA-DELVERS IICENSE -HE-HANDEDMEACA- DRLVERSIICENSF WITH NAME-O .EJASONBOflERLEARMER91\L(I___ #B82a5066 -MB-L 5-0819_JHEP_JCIURE_ON- THE_ C. D- LLOOY,ED_DIF-FERENI-THAN DEEr-S.EUSS—___ Alcohol Involved? ® Yes ❑ No Location: 'BUZZ' Superviso pproving ID No. Arresting Officer ID No, Vacation Period DateTmeReproduced Cle PSAROS 1139 nor�ram >.�tnn. i[• »I \ ( 1 EXHIBIT J b NFWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Arrest Report Booking No. 1 DR Number 1 00 -5947 TMIKED-THE-DE E-HE- KNEW..THE.ADDRESS_ON. THE_ C. Q. L- HEIOLD_ ME _HEDIQNTT1SN.OW_THEADDRESS_ON- THE- C,D.L -IA_ SKED_ HIM_ SF-V ERALTIMES. IF_ THEDRI. V. ERS .II.CENSE- WAS.HIS- HECONTIN.UED TO TELL_METHE_ -_ LI CENSEWAS._ HJS -AFT.ER.A.FE.W_MINUTESTHE_DEFT-TOLD- MEI .T- WAS..HIS- FRIENDS_LJ.CENS.E, HIS.ERIEND- LOANED _IT_.T_O_HIM..EOR_T-HENIGH.T_SO THEY COULD_GQ.HAVEA_GO.OD TIME .ATTHE_CLUB.J_CHECKEQTHE____ DEEIS- WALLEtANQ_LOCATED- ANOTHER.I.D- .WITH - THE- DEFTS_NAMEON- IT_THEDEET-TOLD-ME HIS_ERIEND_WAS_ IN_THEC LU B- WJTH_OTHERF RIEN D S AFEW -MIN UTES_IAT- ERl_OB S...DEET_FARMER.. STAN DJNG_A.FEWFEETEROM_MY-MCAII ON- WITH- DEFTSEUSS-I WALKED 0-VER. AND- ASKED..DEFT_F.ARMER-IF THE_LD- DEFT -SEUS.S- HAD_IN. _ HIS .P_OSSESSION- WAS_HIS.JiET_OLD- MET. HELD- WAS_HIS,_HELOANEQ_ITT_Q_DEF_T_. SEUSS _S- O_HEC.OULD- GETINTO THECLUBA_ NQ -i9VEA GOOQTIME_ OECR. ANDERSON .ALS.O..SPOKET_Q_DEF_T -FA_ RMER.- HET.OLQ OECRA_ NDERSOR .HELOANED- HIS_D.RIVERS__ -_ LICENSEIQDEIZSEUSS_SOIiEC.OULD GET- 1NT_O...THECLUB-HESAID._HE- USED - NO- THER.ERIENDS -CA._ _ LICENSESO_HECO_ULD- GET_ INIOTHECLUB .__O.FCRANDERSON_RECOV.ERED THE- UCENSEIHATDEFTEARMER_ USEDT9_ GETINTO- THE..CLUB _THAT_LIC ENS E_HALLTHEN MEOF_ JEEEREYRU .SSELL-WRIGFU- 0N1T-D0B; 08= 05= 74_#A7435365._._ DEEC. SEUSS_ WASARRESTED- EOR- t48.9p_C_(EALSEIDENTJFICATION TO..A.POLICEO.FCR)._. DEETFARMER_WAS. ESTED.E.OR_1.4610(A)(2)_C V.C_(LEND- -C.D.L TO- OTHEP,AND- PERMIT .USE) - -- .----- _.- .__ - -__. _ .. L_ HOULD BE_NOTED BOTH_ DEF _TS.HAD..SLURRED._SP._EECH_J_ LS0-NO. TICED - 30TH- O.F-THE_DEFTS._SK1N- TO-BE- A-FLUSH_ RED. COLOR WITH.WHITE_SROTS.AROUND THEIR_ EYES. -BOTH DEFT-S-HAD_RED.-B LO-ODSHOTEYES-- AND_A_ STRONG- ALC.OHO.LIC_ BEVERAGE-OD-0 R- EMANATING _FROM- THEIR.MOUTHS _ OECR- HU. GHES.. T. RANSLO .RTEQ_BOTH_DEFTS..TO_N.B_P_.D JAIL_ WHERE _HE_WAS..BO.OKED_ON_THEAB.OVE - CHARGES_BOTN_C. D.L:S _W ERE_B.00KED.AS -EV IDENC EAT-N.B. P_D_S EE_P_ROP_ ERT_Y- RELOBTF- ORQETAILS. __S EE__ ATTACHED..COP- Y_.OE..BOTN C. D. LS.--.---..._. _..- .--- _.---- ---- ------- ------ -------- - - - --- Supervisor Approving ID No. Reporting Officer(s) ID No. PSAROS 1139 NSP0 Fa 3.15(R". 10 -96) 5�\ NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number 3450 VIA OPORTO 15 1 -21 -2000 0120 00 -00653 Connecting Reports by Type and DR Number Videotape of Arrest Videotape# PROPERTY REPORT, MINOR AFFIDAVIT ❑Yes ®No NONE Arrestee's Name -#1 Last First Middle OC# ENGLISH, JUSTIN W ` / /'!!AA 00 5 A Charge (Section, Code & Definition) R 25661 B &P (POSSESSION OF FALSE LD SHOWING AGE TO BE 21). r Arrestee's Name -#2 Last First Middle OC# E S T Charge (Section, Code & Definition) E E Arrestee's Name 43 Last First Middle OC# S Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone OFCR LEWIS #1032 949 - 644 -3731 Address City State Zip 870 SANTA BARBARA DR. NEWPORT BEACH CA 92663 I W Witness #2 Age Res. Phone Bus. Phone OFCR PROUTY #863 949 -644 -3731 N Address City State Zip E 870 SANTA BARBARA DR. NEWPORT BEACH CA 92663 S Witness #3 Age Res. Phone Bus. Phone S OFCR TAVAGLIONE #1150 949-644 -3731 E Address City State Zip S 870 SANTA BARBARA DR. NEWPORT BEACH CA 92663 Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest Include Elements of Offenses; Note Nature of Evidence and Location Deposited: OTL 013120(10AT- AP_ P_ ROXGO- 4. 5- i@ S,JMAS- W- QRKINGBICY- CLEFAIROLJN FU RLEwls TAVAGLLONE,—A ND_ P_ RO- UIl' ---NEWEREAT ,3A5(LVJAOE08TA_CQNQIJCSINr, A RAR CKAT THE 81177" RESTAURANT. AND- IIGHZCLUB— MYSELEAND -OFORLEWIS -HAV- — W9BKEDIN-IhIS AREA FOR THE PAST FEW MID NTHS.AND HAVEMAD. ENUME EQUS— ARRESTSAND-ENEORCEMENT- QNIACISIN- VQLVILIG.T}jE-!BU 7 RESTAURANT-AND- MGHICLUB— MYSELEAND _QECRIEVVIS_WEREON- THEPATlO OESHE:BUZZ"_mElcwS LO.CAIED -ON_ THE- E/-S -OF THEB LUB. JOBSO EET -ENGLISH-STANDING_DIRECILYJNJ RONLOFEv1E- DEFT -E GI ISH WAS _YOUTHF.ULJN.AP- P._EARANCEAND_ WAS- HOLDWGACLEAR- PLABII.C_C.UP -TALE- ULLJ ff- H- BEER_JASKFD HIM IF- BEHAD.ANY- FORMOF_I DENT -IEICAILON- QN- HIMJjJ<T_OLDME, - N.- 0_HE-LEET- BISJDEN.TJEICATJO.NAT -TOME" Alcohol Involved? M Yes []NO Location: "BUZZ" Superviso Rp rovin ID No. Arresting Officer ID No. Vacation Period fl X Date/Time Reproducled Clerk PSAROS 1139 0 10 NSPO Fa 5.1 (Rev. 12,M) y N T R T °fi D ✓� NEWPORT BEACH POLICE DEPARTb1ENT Continuation Sheet Page No. Type of Repoli Booking No. DR Number Arrest Report 00 -00653 EDTHEDEF r -HOW _OLD- HEWAS.JHETO.LD_ME_HE_WAS_ TWENTY- ONEYEARS ._O.LD._I- ASKED.JHIM- AGAIN.AND TOLD H M-lOBE- VERYHO. NEST( VITH- ME __HETHEN.T_OL.D_MEHE.WASREALLY- TWENTY YEARS OLD- _HE-SAIDHE- KNEWABO- UNCERTHAT_ WAS.- W-- ORKING_THEP_ATIO. ENTRANCE__ HET _OLD- ME,THE_BO UNCER.LET- HIM.1N WITHOUT -CH ECKINGJHIS.IDENTIF�CATION. �-___-- ,.- ^._.-- _- _....._- .... - -..__ LHADTHE D.EELF_ OLLO- 1N_ ME_TO.THEENTBANCE_OFTHE.BAR. -I. ASKED- IF_ 1_COULD_SEARCHHS_P_O.CKETS_AND- WALLETEO -R A_ N. Y_ F_ ORM _O.F_IDENTIF�CATION_.HEAGREED AND.. LETME- SE9RCH..HIS_WALJ_ET ANDP_O.CKEES -L-_ RECOVERED-_ WO- 1.D'S_FROMTHEDEET.SWALJ_ETONELQ WAS -A- UNIT. ED _STATES_ARMED -EQRCES_LD_WITHTHE NAMEQF_ DAMLTERWILLIAMTAYLORO .N- .ITTHEDATE_OF_BIRTH.ON THIS.. 1.D_WAS..DECEMBER24,199.ZJTHEN_ RECOVEREDA CA_IDENTIFHCATION_CARD FROM-THE-WALLET-THE-DEFT-TOLD-ME THE-INFORM ATION_ON THAT_ I. D- WAS_-T RUEAND- CORREC.T_- THALI.D_SHOWED THEDEFTS..AGETO- BETWENTY_YEARS OLD_BO.RN-04--09 =7-9- ----- - - - -- - - -- -- I ASKED- THE_DEFTWHY.HE HAD. THEFALSE_ MILITARY... IDENT. IF.. ICATION.. 1N- HIS.POSSESSIO- N--HET-OLD -MEiT BELONGEDTO_HIS_FRIEND -WHO- WAS -NO -W LLVING... IN- ALASKA.__ HESAID_ HISERIEND _LEFT_ITATJHIS- 10(1S1-W- HEN_ HEWAS_ VISITING. _H1S_FR.IEND_RETUJRNEDTO. ALASKA -AND- _OBTAINEDANOTH. ER-MILITARYJ_D._HETOLDSHE- DEEr- HECOULD -KEEP HIS_ OLD._ MILITARY _LD_- THE.DEF_T__SAID- HE_JU.S_T_ CARRIES- THE_I.D_AND_HAS- NEILERIJSEDIT_. TO .BUYALC- OHOL.OR_ENTER_BARS__IS SHOULD- BENO.TEDTHE.DEFT_HAD_ BEEN _CITED- EOR2566_1-B &2(EALSELD SHO .WING.AGETO.BE21)_ON.00T,18,- 999_ BY_. OF. CR. PALLA _S- #1084.THECLTATION_NUMBER WAS_NBKS.5509_.SEE_ OCHED_COPY- OFTHE_CITATION AND.PROP.ERTY REPORT- DR.#99,1. 0485__. ._- .__-- .....- ___-..__- __.. - -. I_ASKED THEDEFT_HOW_.HEO.BTAINED THEBEER_HE WAS -IN_ POSSESSION _O.F_.HETOLD- ME- HEORDERED IT FROMTHEBAR_HE_ WAS_NOTASKED_F_OR- ANY. FORM -OF.. IDENTIFICATION _WHEN.HEP_- URCHASED THEBEER.THE BEER WAS_B.O.OKED_ INTO_. EVIDENCEAT_ N. B. P_. DJ 3YOFCR .T.AVAGLIONE,_SEE_PROP_ERTY REPORT_F_OR- DETAILS. -. I. P-LACED-THEDEET_ UNDERARRES. T_. FOR2566. LB& P_( 20SSESSLQNOF .EALSE_I.D_SHOWING_AGETO_BE21) O.FOR. STEWARTTRANSP._ ORT. ED_ THEDEFTTO.. N_ B .P..D..JAIL_WHERE}iEWAS_BO -OKED ON TIHE-ABOVE_CHARG.E.JM REQUESTING -AN. ADDITIONAL_ CHARGEOF25662 (A)B &P_(MIN.ORJN-POSSESSION OEALC.O-HOL).- 1. ALSO.. HADTHE. DEF _TOOMPLETE.A- MINORAFFIDAVIT- FORM_ SEEATTACHED- C.OP_YTHE- .FALSE_GOVERNMENT _. 1.0 WASALS. O _BOOKED INTO.EVIDENCEATN.B.P -_D- SEEP_. ROP_ ERT. Y_- REPORLFORDETAILS--- __-_- ._- -.____ - - - -- -- - ----- . -_ - - - - ----- NO.AUDIO.O R_V.I DEO - OF..- T.HEARREST- WAS._TAKEN_SINC EW E_W EREWO RKINGON BICYCLES`- _ - -- -- - - - - -- -- -- -__ - -- - --------------- -- Supervisor Approv' g ID No. lJ �$ Reporting Officer(s) ID No. PSAROS 1139 NBPO Fw 3.15 (Rev. I0.% 3rd NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest m RD DateTme Arrested 1 OR Number 3434 VIA OPORTO 15 12 -19 -99 002 1 99 -12523 Connecting Reports by Type and OR Number Videotape of Arrest Videotape # PROPERTY, MINOR AFFIDAVIT ❑ Yes ®No NONE Arrestee's Name -#1 Last First MiddBa.,; .j r ( 1 ,, = !c ?Y..L,t tltir_1 OC# �n ��/Cj KESIC, TAMARA NMN A Charge (Section, Code & Definition) ~ R 272 P.0 (CONTRIBUTING TO THE DELINQUENCY OF A MINOR). R Arrestee's Name -#2 Last First Middle OC# CHRONISTER, KIMBERLEE ANN S T Charge (Section, Code & Definition) E 602 W.I.0 148.9 P.0 (FALSE INFORMATION TO A POLICE OFCR). E Arrestee's Name -#3 Last First Middle OC# S Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone OFCR LEWIS #1032 949 - 644 -3731 — Address City State Zip 870 SANTA BARBARA DR. NEWPORT BEACH CA 92663 I I Witness #2 Age Res. Phone Bus. Phone N Address City State Zip E S Witness #3 Age Res. Phone Bus. Phone S E Address City State Zip S Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses; Note Nature of Evidence and Location Deposited: 0N1218_ 99AT-A PQROX. 23 _40ERS,..I- IAS-ONBI.CYCLE_2AMOI- FULL - UNIFORM. I WAS- WQRKING WIIHMY PARTNERCF_CR.LEMS1A10.32 WF WEBEAI�4B�L\tIA-OP- R CONDUC7�NGABAR CHECKALTHE= BUZ7_�_ RESTAURANT AND . NIGHICLUB .Jv1YSELF_MD- QECR-LEWJS -HA-\LE O- RKED1NStBIS _AREA- F_QR_TH- EP_AST_EEW_ - -- MONIHS. AND - HAVE - MAD. EAUMERQUSARRESISANDB NEORCEMENLCDNTAC __T.S_IN-VDLVJNGJHE "BUZZ" RES_TAURANT-AND- NIGHIC Ie MYSELF�ND O_ Fl R I_F_WI�WERE ON THEPATIO�.F�kiE BU=VyEICHJS LQCA_ SED.- ON- THE-E(SOFTHECLUBJ-OBS.,S -UBJ CHRONIST R A__� NQ DE KESI - SITTING AT A TABLE- WITJiTWQ- MEN.J.ALSO_NOTED_DRINKS_.QN_ THE -TA_BLE-IN- ERONLOF-TJJE-ORQUP__BD -I LSUBJ,S_WERE- VERY - U_TNEULM—. AP_ P_ EARANCE- S.UBJ_CHRQNISTERLOCKED_ VERY `f_OUN.G-TQ-MEAP_PROKSEVENIEEN C- R-= IGHT.EEN.YEARS_OLD_.. Ll; QNTA- CTED_ SUBJ_ CHRQNISTER __W1HILE- OF_CR_LEWISCQNTACTED DEFT- KESIC. —. —._— .___..__CONTINUED ON -_ P Alcohol Involved? ® Yes ❑ NO Location: "BUZZ BAR" Supervisor Approv.ng ID No. Arresting Officer ID No. Vacation Period L-Q PSAROS 172 Date/t produced �) b,� 1139 NSPO Forrh 5.1 (REv. 12.96) VVPTATT b il„r �Ca NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Arrest Report 99 -12523 AP_ PROACHED_ Tt1ES.UBJ,LIMMEDIAT.ELY_SMELLED THE_S_T.RONG_ODOR-OEANALCOHOLIC- BEVERAGE EMANAIWG_FTiOM THES. UBJ 'S_MOUTH_AND- BREAIH.THE�SUBJ_ ALSO _HAD_RED.- BLQO.Q.SHO.T.EYESAND SLURRED- SEEEG.. H.- I_ ASKEDJd ER1FJ- CQ.ULD- SEE_HER_I.D-SHE_T_OLD ME- HERI.DWAS- 1N_HER_V.EHICLEIN THE_ PA_ RKINGI0_T_- SHETHENP_RO_VIDED MEWJIH.HER-1NFORMATION VERBALLY- SHEIOLD- ME- HER..NAMEWAS_ MAND_Y.- LYNNO.EAN_D.Q.B;-01_1.3 7 8- SHEAPP- EAREDVE RY- NERV_O.U.SAS_ITALKEDTO -BERA_ NQ_AT_ONEPOINT- F_ ORGOT- WHAT-CITY-S .HELLV.EDIN-LCONDU.CTEDA_ D.MV_AND- NARRALLT-CHECK -WIIH THE_INEORMATIO.N_SHE- PRO. VIDED- ME. THECHECKRETURNED- CLEARWLT.H- THEINFORMATION_SHE GAVEME-IASKED._HERHQWGHE- G.OTINIOTEEO.LUBWITtLNO1.D-SH1< TOLD- ME-SHE HAD_HER- I.D_WHEU.SHEENIERED THECLUB,BUTIHEN- BR000HT-THEICD_ BACK _TO_HERVEHIC.LEBECAUSESHE_HAD NO WHERETO- HOLD1LSHE_SAID THEBQUNCER- AT-THE- 00.ORGTAMP_ED- BER.HANQ_SO_S H ECO_ULD_RETURKTO__T.HEBARW ITHO.U'L H ER-I.Q-..I.ASKED_HER_IF -WE_ COULD. GO TO_HERVEHICLE.T.O- GET- HERI.D-SHE AGREED_AND- WALKED- ME_T,O_HER VEHICLE, 1.993GE0 4 -DR_ WHITELIC -(3EEV_1.80) WHICH WAS.LOCAT.EQ ON THE_SECONDLEVEL.O. FTHE .PARKING_STRUCTURE.AT_3434_VI9 - LIDO- SHEOPENED THEB9SSENGERSIDED .00ROF_THE_V.EHICLEAND_HANDED ME.A_CALIF-ORNIA.DRIV_ERS- LICENSE -WITH THEGAMEINF- ORMAIION.SHEHAD._ GIVEN. MEBEEORE .THEP_.ICTURE_ONTHELICENSE_D1D -NOT LOOKLIKE- THESUBJ- ATALL_LEXPLAINED THAT_HONEST_Y -WAS THEBESTP _OLICY_AND_I_KNEW_.SHE.WAS.N.OT TIiE-SAMEPERSQN_ LISTED_ ONTHEDRIV. ERS.. LICEN.SESHE-PRO_V.IDED- ME-LASKED HER.IFJ_CO.ULD- LOOKIN.HER NURSE FORAMLFURIHERI.D -SHEAGREED. AND._ HANDED- MEBER.P_U.RSEJ_NO.TIC.ED -A MED.ICALOARDWIIHA_ DIFFERENT- NAME-ONILSHESTARTED_T_O -CRY ATTHIS..P_OINT -AND -S AID-MET -HE TRUTH -SHE PULLED HER-REAL-DRIV.ERS-- LICENSEOU..T OF-HER WALLET AND.. HANDED- LT- T-O_ME-SHEIOLD_MESHEWAS, ONLY_SEVENTEEN.AND_HAD_C.OME TO_THE°BUZZ'_CLUB WITH..DEF7 KESIC.- SHE..SAID -HER.AND THED.EFZHAD -A- SCREWDRIVER. "_ MIXED_ DRINKS. -BEF_0REJHEY_ENTF-RED_THE. °BUZZ"_.- SHEIOLD- ME-SHE-TOQKJHF _ERS IJCENSE_ WITH- MANDY- LYNN. DEANS_ NAMEON. IT _FROMA_SECRETARY -ATt1ER_W...ORK WITHOUTHER- P_ERMISSI.ON.-SHE_SAID_SHEUSED THIS...LIC.ENSET_O -EN. TER_ THE = BUZZ" JNIGH.T_CLUB -SHETOLD_MEDEF_T-KES C- KNEW- A- CO.UPLE_O F TH E_BO.UNC ERS AND THAT'SPROBABLYWH.Y- THEY.DI DNS HAS SLEHERv IHESUBJ-TOLD- MEAN_UNKNO_WN.MALE.P.URCHASED_ HER.. ONE_ DRINK .WHILE_SHEWAS_INSIDE- THE_BUZZ -. _ - -- - WHILELWAS.- SP _EAKING_T.OTHE_SUBJ,- OFCRIEWIS_ CONS AC_ T. ED- DEFT.IKESIC_DEFCJKESICTOLD O.FC.RIEWIS -. THATSHE- DID.. NO_ T_ HA .V.E.AN.Y_ID.ENTIEICAIIONWLTH_ HER- HOWEVERSHE-WAS2 ]- 'EARS._OLD..- OECR-LEWIS -- ESCORTED..DEFT_KESIC-.TO TNE_SUBJ.'.S VEHICLE_ WHERESHEP -RO_V. IDED _HIM_W1TN_HER_ID.ENTIFICAIION - - V.ERIFYJNGTHAI- SHEWAS 21_YEARS -OF -AGE. WHEN.ASKED.,_DEFf.._KESI.0 TOLD OFC.R.LEWIS_THATGHE.LiAD-- BEEN-ERIENDS WITH THE. SUBJ .FORABOU..T.6_MO.NTHS..ANDTHAT_ HER. .NAMEWAS_MANDY_ -DEFTJKESLCTOLD- OFCRLEWIS_THAT- SHE.DID.NOT KNOWTHE_S. UBJ' S..LAST.NAME_.DEFT- KESIC.ALS.O TOLD_.OF_CR_LEWISTHATSHE SUBJ .WAS2I- :EARS..OLD-1_AD.V-ISED OFCRLEWISTHAITHE_ SUBJ - HAD,:BEEN_UNTRUTHFULWITHMEABOUT_HER NAME.AND HAD_.PROVIDED..ME WITH. AN- ID- T. HATOI D.. NOLBELON. G _TO- HER._OFCRLEWIS_CONF..RONTED DEFT_ -. KESIC_WITI-LTHIS. INFORMATION.- DEFC. _KESIC.ADMITTED_T.O- OFCR.LEWIS- THAT- SHE_KNEWT.HESUBJ_WAS 1.Z - -- YEARS OLD - DEFT.._ KESICTOLD_ OFCRLEW IS- T.HAT_.SHEAND- THESUBJ- HAD - DRANK - "SCREWDRIVERS = -_ T. QGETHER. P_RIORTO_ENTERIN.GTHENIGHICLUB. AND- INATSHEHADO .BIAINED.THEALCOHOL_FROM.A - FRIENDS HOUSE._.I.SHOULD..BE NOTED THAT_.DEFf_- .KESIC- ..__ -. -. -_ Supervisor Approvin 10 No. Reporting Officers) ID No. PSAROS 1139 MWD Form 3.15 /Rev. 1096) p NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. 3 Type of Report Arrest Report Booking No. 1 DR Number 1 99 -12523 WAS-. EXHIBTJNG- QBJ. ECTIVESYNIMMSCF_ ALCQHQLINIOXICATION- (RED.WAIERY EYES- SLURRED 6PEECH AND_ THESTRONG_- OD- OR_ OEAN .ALCQHO.LI.C_BEVERAGE_ON_HERB REAIli) BASED- UP- ONTHEABOVEINF_ ORMATION. JJ?LACEDTHESUBJ _INIO_T.EMP_ORARY_CUSIODY-F-OR 602 WIC.J-4&9 -EC_ FALSEINF_ORMATT ONTO- EEACEOF_F1C ER 0F_CRLEW]&ADMISED THES- UBJ_OF- HER..RIGHTS_P-ER- NBPD_FQRM— 51L- I -RE.. UESTAN.ADDITIONALCHARGEQF25661_B&EPO.SSESSIONQF_IDENTIFJCAIION_SHOWINGA_GE21— DUET- THE -FACT DEET_- KESI.C_ H ADI (NOWLEDGE_OF_TJiE- S.UBJSAGE(.17 YEARSOLD )- .WILLINGL.Y_.PROVIDED, HERALC QHOLANDWASIN_THESUBJSC.OMPANY_ WHILE .DRINKING- IN- ANIGHICLUB-PROHIB IIIN..G-MNORS AFIERCUREEW,J- PLACED- HERUNDERARRESI _EOR2Z2_P_C_CONIRIBUIING..T.0 -T HED.ELINQUENCY_OFAMINOR OFCRLEWI SANDJTRANSP_ QRIED- BOIH_SUBJ.AND_DEF_T-.KESIC TQ- NBP_ D_ CI T- UAIL..EO.RBO.OKING.- _WHILE.AT NBPD_THES.UBJ C- OMP _LETEDAJMINOR.AEFIDAVII_F_ORM, REFER_ T. O.- ALCACHED._T.HE_SUBJ- WAS_LAIER_ RELEASEDTO_ HERFATHER .THECDLBELONGIN.GTOJMAND_Y-DEAN WAS_HELDAS_EVID.ENCE- REFER -TO PROPERTY - REPORT, SAMED.R# — ITCHO.ULD_BENOIEDJ_ CHECKED- WITL- URVINE _P_DZO- SEEIF_T_HEDRIVERSII.0 ENS ES UBJ_CHRONISIERIIS ECL WASCIOLEN _SHESAIDCHEOBIAINEDTHEI_DJ =ROM -- 6ECRETARYA. TEER WORKINIRVINECA- _LALS.O AIIEMPTED-IO -QB_ TAWS HEPHONES IUMBEROFTHEPJ =RSON_LIS-T-ED_ONTHE-LD. THE.P_H.ONENUMBER_OFTIIE_ INOLVID -UAL WAS - UNLISTED —I WILLCHECK— WITHC- UBJ_CHRON ISIER'S_WORKAT_AJ.AIERDAIES_O -S EEIF_I_CAN_ CONTACTTHEPERS.ON- LISTED-- ON__T.HEI_D. -kNY-EURIHER- INF_ORMATJON WILL.BEJNCLUD.ED._ON A SUP_P_LEMEN.T.AL_REP.ORT AT- 41AT.E -DAIE- Supervisor Approving ID No. Reporting Officer(s) ID No. PSAROS 1139 N6PO Form 3.15(R". 10 -96) 0 n�� NEW_ PORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest RD Datelrime Arrested DR Number 3434 VIA OPORTO 15 12 -4 -99 0105 99 -12000 ling Reports by Type and DR Number Videotape of Arrest Videotape # N E ❑ Yes N No NONE i Arrestee's Name 47 Last First Middle C# RODRIGUEZ, MIGUEL ANGEL DETENTION ONLY 79c=51 A Charge (Section, Code & Definition) DEEMED NOT ARRESTED R 647(F) P.0 DISORDERLY CONDUCTIPUBLIC INTOX PER 849 B(;� ) 849,5 ?C Arrestee's Name -#2 Last First Middle OC# E S T Charge (Section, Code & Definition) E. E Arrestee's Name 43 Last First Middle OC# S Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone OFCR LEWIS 91032 949- 644 -3731 -- - -- Address City State Zip 870 SANTA BARBARA DR. NEWPORT BEACH CA 92663 W Witness #2 Age Res. Phone Bus. Phone ) OFCR ANDERSON 91114 949 -644 -3731 T ress City State Zip 0 SANTA BARBARA DR. NEWPORT BEACH CA 92663 I E S Witness #3 Age Res. Phone Bus. Phone S E Address City State Zip S Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip )esaibe Circumstances Leading to Arrest. Include Elements of Offenses: Note Nature of Evidence and Location Deposited: ON.12Q4 -99 ATJ_1PPBOX9105- HRS._LWAS QLLB1CYCt F PATRQL.IN-FW.LUNIFORM I WAS AT 343_4_VJA_OPORTO MONITORIN.G_THECLOS- IRE.QE IHEM. UZZ"_ BES-TAURAUT- ANRBAR_LOBSSHE-DEETI` EWNaALTdLGB.OI KCERi NTHEMIDDLEOF. THE. S. T, REET- THEHOU, NCERS .TQLDTHEDEEISEZERALT_IMESSO FAL_VFTHE-LOLAILOLLAND 3ETJNTQHIS _V.EH.LCLE-THE-DFELCONJ3N.U.ED YFI I �N_G AT ZHEBOIINCERS IINIILAERIEND- GRAaaEQHIM NO 3=,EQTO_WALK -HIM AWAY. THE DFFT BROKE AWAY FROM HIS_ERIEND A D AGAIN STARIED YFI LING AT THE 3OUNDERS`LCD -ULD SEE THE DEFT WAS OFF RAI AN . AS HE WAS WALKING-ONLY A FEW FEET AWAY FROM ME- , WALKED- UP- TOSHE-DEEEI IANDJMMEDIATELILSMELI_Fn THESTRONG -QDOR OF AN ALclQHQ' tr SE11ERA , MANABN .G-EROM- THE- DE=S_MOUIHAND-BR_ETH- THE DEET _ALS.O- iADBELL8LO0IISIiOT -YF. -, AND Si URRED_ 3P_EECH. CONTINUED_QNEAGE #2 kl nvolved? ® Yes .. ❑ No Location: 'BUZZ BAR" supervisor Approving ID No. Arresting Officer ID No. Vacation Period e7 2 5 latelrim�Reproduced Clerk PSAROS 7739 FO Fa 5.1 (Rw. 12•96) LTV Q'R' D'TRP 61 NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Booking No. DR Number 2 Arrest Report 99-12000 I.ASKED.THE-E)EET-HOW.-MAKY-DRINKS-HE-HAD-INS.IDE-TLiE.BAR.--HE-SAiD�LHAD-A-B.UNCH-TC)-DIR�iNr. I-DE,TERMINED-T.HE-DEEt-WASJN-T=CAIED AND-UNABLE-TO-CARE-EOR-HIMSELF-OR-THE-W.ELFAREDF-QIHEIRS- LPLACED-HIM-UNDER.ARREST F-OR-647(E)P-.C-D-ISORD.ERLY-C.ONaU.C-T].PUBLIC-JUTOX- I TRANISRO -PT.ED-THE-DEF-T-TO-N.B.P--D-dA]LAND-BOOKED-H]M-EOR-6-47-(ESP.C—(PUBLIC,.INTOXIDISORDERLY DUE-TO-THE-EAC-T-WE-WERE-Y.VORKIbLG-BI.CYCLE-PATROL-NO-VIDEO-OF-THEARREST-WASJAKEN- 0 N V DEEMED t4-U-jARI;E3TED supervisor Approving ID No. Reporting Officer(s) IPSAROS ID No. 1139 Ll NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest 3450 VIA OPORTO RD 15 DateMme Arrested 11 -14 -99 0005 DR Number 99 -11370 71 cling Reports by Type and DR Number E Videotape of Arrest ❑ Yes ® No Videotape # NONE Arrestee's Name 41 Last DJARIRI, SASAN NMN First Middle OC# Cl 'a 4 R Charge (Section, Code &Definition) 647(F) P.0 DISORDERLY CONDUCT /PUBLIC INTOX ETENTION QP)L h "RREST�ED ncci•J1ED _ EArrestee's S Name -#2 Last First PEP 849 B1M d y OC# T E Charge (Section, Code & Definition) E S Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 OFCR LEWIS #1032 Age Res. Phone Bus. Phone 949 - 644 -3731 Address 870 SANTA BARBARA DR. City NEWPORT BEACH State CA I Zip 92663 W I T Witness #2 Age Res. Phone Bus. Phone dress City State Zip Witness #3 Age Res. Phone Bus. Phone E S Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest Include Elements of Offenses: Note Nature of Evidence and Location Deposited: ON 11 -14 -49 AT APPROX 0006 HRS I WAS ON RlrYrI F PATRni IN FI 11 1 1 INIFORM I WAS AT 1450 VIA OPORTO MONITORING THE CLOSURF OF THE "RUZZ" RFSTAI IRANT AND BAR PRIOR TO THE BAR CLOSING, OF •R_� LEWIS ANDlCONIDUS:7FDABAR -CHECK AS WF WAL KFD THROUd=H THEBAR ON FOOT OFrR I EWIC AND I OBC THE_ DFET Y I 1 ING,AND SHOUTING OF .R 1 FWIC T URN D AND OOKFD AT THE D FT AND DI.SCOVFRFD TH DFFT WAS Y I I IN . IN .OHERFNTI Y AT HIM. THE DFFT WAC OFF RAI ANCE AS HE WAIKED A FEW FEET AWAY FROM TjiE-CROWD HF WAS STANDING NFXT TO I WAI KFD f (PTO THE D ET AND IMMEDIATELY SM I LED THE STRONCt ODOR OF AN ALCOHOLIC BEVERAGE FMANATINr FROM THE DFFTS MOUTH AND BREATH THE DEFT AI CO HAD RFD R1 OOQSHr)T EYES ALgD SLURRFQ SPEECH CQNTINLIFD ON PAG_ F # 2 I Involved? ® Yes ❑ No Location: `BUZZ BAR" S rvisorApproving ID No. Arresting Officer PSAROS ID No. 1139 Vacation Period DateTme Rep r duced Clerk Q Sw N5FQ F= 5.1 )NEV. 1296) - iii i NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Ie No. Type of Report 2 1 Arrest Report No, DR Number 99 -11370 IBSKED_T13E DEET_ .H.QW— MANY -D$INKSJHE- HADJNS112E THEBAP HES OLD -ME-HE -HAD -_ JD- O_MIXED_DRINKS, IBEIERMINED- THEnEET- WAS_INTOXLCAIED- AND_UNABLF Tja_gEEOR fi1MSELEQR ]7HE -WELEAREOE-MERS- LPJ ACED- HLM- UNDERARRESIfORB47( F�CBLSQRDERLY- CDNaUCl/PUSUCJNIOX [ Ji RANSPORTED-THE _DEETTO- M.B.P_DIIAILAND _BOOKED- HIMFORfi47_(F-) P_CP- UBLLC_INTOXIDIS_ORDERLY CONDUCT). DUE TO_THE FACT WF- NERE- WORKINOJ3ICYCLE.PAIROL NO-GDEO OF—THEARREST-WAS_TAKEN .,. ,_T =1JY'f- t't -fi 7'1 "LT- � ^4' '.f.P � NIilI11? T CCTEI! PZIR 249 81 Supervisor Approving NSPO ID No. Reporting Officer(s) i2_1 PSAROS ID No. J� jb 1139 NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest VIA OPORTO & CENTRAL RD 15 Date/Time Arrested 11 -12 -99 0125 I DR Number 99- 11303 W sting Reports by Type and DR Number E Videotape of Arrest ❑Yes ®No Videotape # NONE Arrestee's Name -#1 Last PYSZ, DENYN REID First Middle OCp# lZZ A R Charge (Section, Code & Definition) DETENTION ONLY 647(F) P.0 DISORDERLY CONDUCTIPUBLIC INTOX DEEMED NOTARRESTED E S Arrestee's Name -#2 Last First le .5 C; OC# T E Charge (Section, Code & Definition) E S Arrestee's Name 43 Last First Middle . OC# Charge (Section, Code & Definition) Witness #1 OFCR LEWIS #1032 Age Res. Phone Bus. Phone 949 -644 -3731 Address 870 SANTA BARBARA DR. City NEWPORT BEACH State CA I Zip 92663 W I Witness #2 Age Res. Phone Bus. Phone City State Zip 1EAdddress tness #3 Age Res. Phone Bus. Phone ress City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: ON 11 -12 -99 AT APPROX 0125 HRq I WAS ON RI= E PATROUN -E LLLJNIFORM I WAS AT 3461 VIA OPORTO MQNIIQBIUG—THECLOSLIRF OF THE -R I " RESTAURANT AND PAP J_ORS ONE OF THE BQUNC RSE FSrORT THE DEELQU=HFFRQNTENTRANCE TQ THE (I l IB THEDEFT WAS OFF 8A AL NC_:F AND AI MAST EEL DOWN 9S-hE WALKED AWAY THE DEFT THEN WAI K D OVER TO THE WALL _THAT OVER I O IKS THEBAY NF LEANED OVER THE WAI L FOR A FEW SECONDS AND APPFARFn TO RF THROWING LP- I WA( KED I JP TO THE D FT AND IMMEDIATELY SMELLED THE STRONG ODOR OF AN Al COHOLIC REV RACE_ �E EMANATING FROM THE D FTS MOUTH AND -BREATH THE nEEI.ALSO HAD RED RI OODBHOT EYES AND I SI IRRED- SPEECH CON_TINUED_ON-PAG.E # 2 volved? IIK Yes ❑ No Location: "BUZZ" BAR ervi r Ap roving ID No. Arresting Officer ID No. PSAROS 1139 Vacation Period F I i DafeAlime Reproduc erk NBPD Fa 5.1 I(iev. 1296) ( X- 1 ' F X H T R T T 0, NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet (Page .IType of Report Booking No. IDR Number 2 Arrest Report 99 -11303 LASKED THE.DEET HOYLMU -CH- HE- HAD_T_O.DBINK_ THE -DEFT _TOLD- MEJT-WAS_HIS -BACHELOR PARTV MD-HF HAD-BEEN-DRINKING TJjE_WHQLE NIGHT. LDETERMINED .THEDEELWASJNIQXLCATED ANDIINABLE.To] CAREEORT HIMSELF_OR-THE-YVELFAREDF-OSHERS_ LPLACEDI- U-UNDERA_ RREST FOR 67(F)E C. DISORDERLYLCDNDUDS /PUB.LIC-INIOX OECR. RIVERSS RANSP _QR.TEDSHEDE=O- NJ3- P_J)-JAIL SP-P_C—(P_UBLIC INIOXLD.ISORDERLYLCQNDUCT). DUET. OSHEFACTVLE -WERE-ONBICYCLES.N.O VIDEO_OF_THE.ARRESLWAS_TAKEN — p 5 DEFMIZD -N24 C , PEft849-B(� Supervi'ssorrA9 ID No. Reporting Officer(s) ID No. X7 PSAROS 1139 3.15 R RQ. 10.96) NEWPORT BEACH POLICE DEPARTNIENT ARREST REPORT Location of Arrest 3450 VIA OPORTO RD 15 DateTme Arrested 11 -5 -71 0020 DR Number 99 -11068 ling Reports by Type and DR Number N E Videotape of Arrest []Yes ENO Videotape # NONE Arrestee's Name -#1 Last First WHITE, CHARLES MARK Middle - r14Tr,•' 1 OC A R R, E" S Charge (Section, Code & Definition) 647(F) P.0 DISORDERLY CONDUCTIPUBLIC INTOX Arrestee's Name 42 Last First =D NC-! �`aC 3 »y 13( ' Middle OC# T E Charge (Section, Code & Definition) E S Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 OFCR ANDERSON #1114 Age Res. Phone Bus. Phone 949- 644 -3731 — — Address 870 SANTA BARBARA DR. City NEWPORT BEACH State CA I Zip 92663 W ) 17ress Witness #2 City Age iRes.Phone Bus. Phone State Zip S S es s #3 Age Res. Phone Bus. Phone E S Ad ress City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses: Note Nature of Evidence and Location Deposited: ON 11 -05 -71 AT APPROX 0020 HR$_LWAS ON BICYCLE PATRQLI ELJI L I INIEDEW LWAS AT 3450 VIA- OPORTD M.O.N1TML4G THE CLO$URF OF THE "RLI77" RESTALIRANT AND-BAR I ORR ONF OF THEROumFRR FS(`ORT THE DEELQUT_IHE3lDE_ENIRANt^E TO THE RESTAURANT THE 2EET WAS DEE RALANC,E,AfAD.ALMQSS_F_EI I DOWN AS1:111lYALKEDLAWAY— IBE -DEF1 THEN WA1 KED RA .KD-VEB TO THE ENTRAt4CE To THEBARAUD COT RACK IN LINE I WAI KED I IP TO THEDE)NAND IMMED ATEI Y SMEI I ED THE STRONG ODOR OF AN Al rnHQLM-5EVEEA!]-F- EMANAjING.E&0MJ±jE DEETS MOLITH AND BREATH TH DEFT AI SO fJAD RFD B O� DHOT FY S ND S Ll RFD SPEECH C9.NS.1bIUED.9N PAGE # 2 Involve ? ® Yes ❑ No Location: 'BUZZ" BAR Supery isor A r i ID No. Arresting Officer PSAROS ID No. 1139 Vacation Period JatelTme Reproduced Clerk 3PO Fpm 5.I IRn. 12.96) P Y T f T R I T I NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. IType of Report Booking No. OR Number 2 Arrest Report 1 1 99-11068 I-ASKED-THE-DEF-T-HO-W-MU-Cl--LHE-LIAD-TO-DRINK--THE-D.E=DLD-ME-HF--C-O.ULD..N-OJ--fREMEMBEfR-S.IN-CE-HE_ LDETEMINEDJHE-D.EEI-WAS-IN-TOXLCAIED-AND-UNABLE-TO-CARE-EQIR-HLMSELE-OP-T,LiE-WEL FARE -OF OTHERS_ LP-LACEaELM-UNDER.ARfRESIEDR-647(E)P G niSORDERLY-C-OND-UC-TLP-UBUCJNT-OX OF-C.R-TAVAGILONE-TRANSPORTED-THE..D-EF-T-TD- N-B.P-D-JAIL.A -NDJB-QO.KED-.HlNtEORBA.7-(F-)-ILC.--(PU.BLI.C- lNlQM.S-QfRQERLY-C.0ND-UC-T� DUE-DO-THE-EACT-WE-WERE-0 -N-B[aYCLES-NO-VIDEO-0,F-THE-ARRES-T-WAS-TAKEN ..... ......... 3up ID No. Reporting Officer(s) ID No. 8714mlv IPSAROS 1139 -, ��j %SPD Form 3.75 (Rev. 10-95) NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest 34 LO VIA OPORTO RD 15 DateMme Arrested 8 -15 -99 0150 DR Number 99 -8190 l ng Reports by Type and DR Number N NE rotape of Arrest Yes ENO Videotape # Arrestee's Name -#1 Last First COLEMAN, MATTHEW SCOTT Middle DETENTION ONUf OC# /9 %1.372 A R Charge (Section, Code & Definition) 647(F) P.0 DISORDERLY CONDUCTIPUBLIC INTOX 0=716L) , E PER 849 8( / 849.5 P.C. E Arrestee's Name 42 Last First WILSON, TIMOTHY NMN Middle DE — Tent OC , T E Charge (Section, Code & Definition) 647(Fj P.0 DISORDERLY CONDUCT /PUBLIC INTOX DEEMED N RFES•TED PER M49 6( " ) / 849.5 P.C. E S Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 OFCR ANDERSON Age Res. Phone Bus. Phone 949 - 6443731 Address 870 SANTA BARBARA DR City NEWPORT BEACH State Zip CA 92663. W i' Witness #2 Age Res. Phone Bus. Phone E dress City State Zip S S Witness #3 Age Res. Phone Bus. Phone E S Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses; Note Nature of Evidence and Location Deposited: ON 08 -15 -94 AT APPROX 0130 HRS,LQ(AS_0RaCY_CI F PATROL IN FULL UNIFORM WITH MY PARTNER OFCR ANDERSON I WA N WAKI_ING OUT ONTO THE STREET ERDM_THF PNSRAUC.LQINE °BU=ESTEF.ALINT ANIZBAR SEVERN l_BOSI1SKERS WHO WORKED IN TbEB.Aa-KEPT TELLING THE OEETS TO LEAVEAND C Q Wn E_ ROTH OFETS WERE YELLING AT EACH OTHER AND INTO T_ _FAIR I DISMOUNTED MY R1=I E AND APPROACHED ROTH DEFTS BOTH DEFT AND A ,I_C TATFn THAT i HAD STOPPED TO TALK TO THEM_ ROTH DEFTS WERE STACGERIN[: AND APPEARED OFF SAI ANCE C O NTINUED- .NP -AGE1E 2 I Involy d? ® Yes ❑ No Location: `BUZZ" BAR Su Ap rovi ID No. Ii Arresting Officer PSAROS ID No. 1139 Vacation Period (5 DatefTlime eproduced Clerk 161717 0�� 16� NaFD FW 5.1 t,u,.. 1I.01 P X T T R T IP I NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number 99 -8190 AS_LSTARIED TC) TALK To1HE-DEECS-AGAIN- WOTJCED- HEIR-SPEECH ±IAS�[ERY_SLO- W-AND -DEUBERAIE_ I ALSO_NQT.ICED_B.O2H_OE_THEDEEIS SKIN10-BE_AELt1SHBED- COLOPiMTH WH)IE-SLOIS A- ROUND_THEIR, EYES —BO HDFFTB HAD RED_ BLQQDSHOT-EY. ESAND_ A_ S-TRONGALG.OHOLIC.BEYERAG.EDD.Of? EMANATING - EROM_THEIR.MO.UIIiS.— LASKED IHE.QEELS W- HERE-THEYIIAD-BEEN4RINKNG --THEY -SAID THEY -HAD RF DRINKING.AT-THE- MUZZ"_BAR. IDETERMINFD THAT BOIb QF-IHEDEEIS_WEREINIQXICAIEDA_ ND- UNABLE_TQ- CARE -EOR- THEMSELVES ORSEIE WELEARE-OE 01HERS. _I PLACED-IHEM_INDFR ARRFSTEOR 64Z(E)P-C-DISORD.EBLYDONDU.CILP-UBLIC-INIOX- QEC RAND. ERS. ON- OBSACLEARP9RTfOND EPLASIICBAG _S_-TICKING- OUTEROM -DEF-T WILSONS_RLERCUT- PANTB_ POCKST- OECRANDERSON _CONDLOIEDABEARCH -QE_ THE- DEEr-BEF_OREP_LACING_HIMJNZO THE BACK - OE THEPOLI.CE- VEHICLE - HE-CLEAR PI ASTI BAGJNSHE. QEETS BIFBQNIp�1NTS- ROCKEIDO.NIANED MARIJUANA.THEIIMARIJUANA -WAS. WEIGHED AT-N. B. P_.D-THEBACiCONIANED2.0 -GRAMS_OF_ MARIJUANA_ GE QECRMO. NTEROS RANSP_ QATED-THEDEF_- S-IDS I. B. P_ D-JAIL, A _NDBOOKEDTHEM_ON-THEAB AR E THEDEE_ T-. WASISS UEDACIIAII -ONBY_OECRANDERSONYOR_ 11357-( B)- H &S-(P0..SSES.SI.ONI).EMARIJ -UANA LFSS THAN.1_- OIZ)_C ITAILONJA-NBK_ 2549. 4- SEEPRO P- ERnLEOREURIH-ERDETAILS -..— i'''• irC µ0 — — — SupervisorAp ing ID No. Reporting Officer(s) iD No. f IPSAROS 1139 N6PD Fy 115 (Rt;�96) J 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 ROBERT H. BURNHAM, CITY ATTORNEY, #44926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, DEPUTY CITY ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH In Re: Public Hearing on Revocation of Use Permit No. 3626 DECLARATION OF ROBERT RIVERS DATE: November 9, 2000 I, ROBERT RIVERS, DECLARE as follows: 1. I have personal knowledge of all of the statements contained in this Declaration, except as to those matters alleged to_ be true on information and belief. If sworn as a witness, I could competently testify to the contents of this Declaration insofar as those facts, acts, events, and occurrences of which I have personal knowledge. 2. As to those matters alleged to be true on information and belief, I believe the matters to be true and have received information from Newport Beach Police Officers, or in some cases, civilians which support my belief. 3. 1 am currently employed as a Police Officer with the Police Department of the City of Newport Beach. I have been an employee of the Newport Beach Police Department for 16 years and have spent approximately 2 years in my current assignment. I have received training in the recognition of symptoms of alcohol intoxication or alcohol use, training in the recognition of violations of State and local law and training in the investigation of violations of State and local law. I am familiar with the Buzz which is located at 3450 Via Oporto and is authorized to operate pursuant to Use Permit 3626. 1 DECLARATION OF ROBERT RIVERS 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. During the last 22 months I have been working a shift that begins at 1830, ends at 0630 and I am regularly assigned to work Friday and Saturday nights because those are the busiest nights of the week. The Buzz opened in April of 1999 and since the club opened a large percentage of my time on patrol has been spent in the vicinity of the Buzz. I am generally on patrol in the area adjacent to the Buzz between 1830 and 0630. Since the Buzz opened for business I have observed a dramatic increase in the amount of criminal activity in the Lido Village area. 5. While on patrol I have walked through the Buzz approximately 10 times. The majority of my walk throughs of the business have occurred between 2300 and 0100, although I have also been in the Buzz on numerous occasions between 2100 and 2300 to determine, among other things, if there was any significant sale or service of food. 6. 1 have never seen anyone eating, dining or serving food. On approximately 10 occasions I observed that the Buzz was operating exclusively as a night club/bar. Over 95% of the patrons inside the Buzz were consuming alcoholic beverages (other than incidental to dining) in areas other than the bar areas as designated on the approved plans and specifications, and the license bars, service bars, or beer tables permitted by the A.B.C. I have only observed the Buzz to be open for Thursday, Friday and Saturday nights. 7. 1 have personal knowledge of numerous violations of State and local laws committed by permittee's patrons which, in my opinion, were attributable to the business practices of permittee or the failure of the permittee to control its patrons in that: A. I have issued many alcohol related citations to individuals who have advised me they were drinking inside the Buzz or who have just left the Buzz. I have observed many Buzz patrons urinating in public in areas immediately adjacent to the business. These individuals have become intoxicated or nearly intoxicated due to excessive alcohol consumption in the Buzz. 'I have also observed numerous intoxicated Buzz patrons in the parking structure near closing time and have arrested these individuals. 2 DECLARATION OF ROBERT RIVERS ✓ I� 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 These people have also apparently been served excessive quantities of alcohol while in the Buzz. On 2 or 3 occasions I observed drug use in the parking garage. B. I have responded to 20 complaints of Buzz patrons fighting inside and outside of the club. On numerous occasions, Buzz bouncers have ejected drunk and disorderly patrons and individuals involved in mutual conflict inside the club. Once these patrons are ejected Police Department personnel are typically required to arrest, detain or cite the individuals and frequently we are required to prevent a recurrence of fighting. Individuals engaged in mutual combat are violating Section 240 and 242 of the Penal Code, Section 415 of the Penal Code, and provisions of the Newport Beach Municipal Code. The fights that have occurred inside the club are, to a considerable extent, caused by excessive alcohol consumption, the lack of internal security which leads to overcrowding and not enforcing the occupancy limits, pushing and shoving, and the lack of sufficient internal security to intervene in verbal disputes before there is physical conflict. Internal security personnel have advised me they are routinely unable to handle the patrons due to the large number of individuals and the large number of intoxicated individuals. C. I have discussed my observations and concerns with Rick Calhoun, the Buzz manager, during many of my walk throughs of the Buzz. Rick Calhoun, Douglas Stratton and Darin Dabalack has been cooperative in a sense, typically corrects the violations at the time requested, but the violations reoccur week after week indicating that the business practices lead to fights, drunkenness, disorderly conduct and disturbances. The Buzz appears to be generating substantial revenue through the sale of alcohol without regard to the continued sale of alcohol to obviously intoxicated patrons or nearly intoxicated patrons. 3 DECLARATION OF ROBERT RIVERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. I am also familiar with, and have conducted numerous walk throughs of, the other restaurants in the area. Other restaurants serve food as thel primary purpose of the business and generate far fewer problems than the Buzz. Those restaurants that serve alcohol within a bar area of the restaurant control the conduct of patrons, keeps certain areas from becoming overcrowded, and generally intervenes to prevent physical altercations rather than trying to intervene after fights break out. I have observed far fewer intoxicated or nearly intoxicated patrons in other restaurants with bars than intoxicated or nearly intoxicated Buzz patrons. A restaurant that operates a controlled business is very cooperative and implements long -term solutions to problems we ask management to correct. In my opinion, there would be far fewer violations of State and local law by Buzz patrons if the Buzz management operated the restaurant in compliance with the approved floor plan. 8. In the past 18 months I have prepared, or participated in the preparation of, numerous reports of violations of State and local laws by Buzz patrons that are attributable to Buzz business practices or the failure of Buzz management to control patrons. Copies of some of the reports that I have taken, or participated in taking, are attached to this declaration as Exhibits A through M. The reports attached as Exhibits D and E involves an obviously intoxicated group of patron who consumed too much alcohol in the Buzz and became irate when the bouncers /doormen kicked them out of the club. The report attached as Exhibit F involves a Buzz patronsAo became extremely intoxicated, and when questioned believed he was in Los Angeles. Five of the reports describe a battery, 6 involve disorderly conduct due to intoxication, one is a minor presenting a false ID and another involves possession of cocaine. These reports are very typical of incidents which routinely occur which involve Buzz patrons and Buzz employees. /// 4 DECLARATION OF ROBERT RIVERS 3aD Ll 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 1 am informed and believe that permittee has violated Conditions to the approval of Use Permit No. 3626, imposed by the City Council on June 22, 1998, in that: A. Based upon my observations the Buzz is being operated exclusively as a nightclub rather than a restaurant. I have observed the following nightclub operations at the Buzz: (i) Charging a cover fee at the front door. (ii) No food service. Tables not set for dining. (iii) Consumption of alcoholic beverages are allowed at all locations inside and outside patio, including the dance floor. (iv) Portable bars set up on each floor to serve beer only and beer tubs are located through out the premises. (v) Disc jockeys located on each floor. (vi) Separate dance floor area with black light/strobe features. (vii) Dancing allowed anywhere. (viii) The attached floor plan accurately depicts the physical lay out and uses of the Buzz as I have observed them. Specifically, since January 2000 1 have not observed interactive games and simulators anywhere on the premises. B. Based upon my observations there is inadequate security within the premises, security typically fails to call the Police Department to respond to criminal violations occurring within the establishment until the problem gets out of hand or there are serious injures. C. There has been no valet service offered in the parking structure. D. There will continue to be excessive criminal activity at that location so long as the Buzz is operated as a nightclub rather than a restaurant as required by Use Permit No. 3626. 5 DECLARATION OF ROBERT RIVERS � ?'\ 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. 1 ml Muse rs \catlsh ared \oleadinglbuzz\decofficerrrivers. doe F�,iTWEA80"u"11,14 1 6 DECLARATION OF ROBERT RIVERS N-WPORT BEACH POLICE DEPARTNIF-T ARREST REPORT. Location of Arrest OMPM0 -4-, Awso VIA AV RD IS rr a ime es 31 OR Number qWacting Reports by Type and UK Number I rideotape of Arrest [3 Yes z No Videotape # Arrestee!s Name 41 Last First Middle OC# FUCMN, tH f)PHiliz, 11;`UILL/AIk Charge (Section Co - Definition P17 (-0i ) Pco L-rlr�c 6p.' Lr-eqk1,,wCT- mj—ox Arre Te's —Name #2 Last Hmt Middle OC# Charge (Section, Code & Definition) ArrestLe's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address city State I Zip Witness #2 Age Res. Phone Bus. Phone dress city State jZip Witness #3 Age Res. Phone Bus. Phone Address city State I Zip Arrested By (Private Person) Age Res. P hone Bus. Phone Address city State Zip Desaibe QrwmStanceS Leading to Arrest; Include Elements of Offenses; Nola Nature of Evidence and Location Deposited: ed) "I Involved? 'V�( s ❑ No Location: ,qu7jsor pro ring ID No. L Arresting Officer ID No. , Vacation Period Reproduced Clerk Date(Time law )Z-31-c�q N� P. b.1 (�. lz.�) F-V TT T PT IF A NF -WPORT BEACH POLICE DEPARTMENT Continuation' Sheet Page No. 2 Type of Report .;;'; >_ 'ElWrl IN OIL V Arrest Report - EEbt.D NOTARRESTEED Booking No. D mbe o �/ �v p3? a "ate. i7 /11!5 i �.'7 • + ./.-" ImFowycno 7— 7ME T•�� G:i `q�+ � s' ?- �VVr •�•� ..cam., ' l�• /I `'r. l} ,/ % .' !;',r 70 / -- ,� := -�. dE I eS lE d� lAt7 -0 X 1<7-A' 701 7h�e 3 '47-- - 7n J</ o 4S MIS 11-14;F E/.r VLIUJAI G i /(-7 r+ K 0 1111W I �d j 11314A24f H6-7 e-0 -#9AJ A 1-A 0 F-(/ lg4A4� v G '" U . Gi 77/x" 3A c -9; ciZ � S r i h' & x F 4-- Gam' C60R f^ �/VtY !a � � .• i E AO 77 r� C r. Supervisor Approving. ^'�.� ID No. f• Reporting Officer _ / ID No. NOM Form 7.15 (R.I. IP%) .. NF - -PORT BEACH POLICE DEPARTME' ARREST REPORT Location of Arrest �5o Vf A OfT MG - 6022.BAS RD S at Rim Arrested ► ao - 35s D V e _ ' -� OL cling Reports by Type and DR Number {�� I , 7 ( •.i {l tri *'Ri1`; ?"'fO1 1i Videotape of Arrest ❑Yes No Videotape # Arrestee's Name 41 Last First Middle ICJ 4E-A AVl A OC# " 9��53 Charge (Section, Code & Definittionn ^)•• I �/ [Y� / / /� /r %/� // /•J� j� //� 1pt . , O 1V aR f/r Y V Arrestee's Name 4#2 Last First Middle OC# f= Charge Section, Code & Definition) Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) sm Witness #1 Age Res. Phone Bus. Phone Address _ t,-C' E3P�� City }}�� li State Z p L.J Witness #2 Age Res. Phone Bus. Phone dress �34'�0 VIA OPOPTO City State Zip ,ljt''s Witness #3 Age Res. Phone Bus. Phone e Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone xlllftl i Address City State Zip Desrnbe Circumstances Leading to Arrest Include Elements of Offenses: Note Nature of Evidence and Location Deposited: HPM OF BEd z_ VR iJf�t'f� 6 r x A�t. ALA -AILS l `l 6WArraE� 7-0 J o Involved? ®Yes 0 N Location: ,i�:••� 4. a •rn Supervisor Approving ID No. Arresting Officer ID No. Vacation Period IL cz--) � atefl"i \e Reproduced Clerk y awrw .w„. 5J ,.w.. IiA�i��G1�1 t� f i NE "'PORT BEACH POLICE IDEPARTMEN- Continuation Sheet 'age Yo. j Type of Report Arrest Report Booking No. OR Number r f I! n E A S' Al y- :�-. a ;yam y(/y��.�.� 7� /�/.j�� y.: -� M!. � O ✓� -y.� /mil r r1 f n F 141 v 6M -114f j ii �7D / Z f .., l l=- _ 561T--I-- DIM I �lb H T OqW 1 --r s. r- 3 — A7-/b'77 Gtr AJ14tt,5= A"6 OAJ 7-1 1// 45A) Ii CEl� T 5 'r P. -r jC'/ p t 7YE' ,7VC?=� A e 51fic Gc>t. Q Lf X1:1 G r p;ry 4L4"1- L ; ' 51YE A b rp TY-1? � L FlFr� 4 L _ l 1� ,'lC a �lF/E i 'G J t V 174-6 P ( - Wff4R) ' GbM / r G ATTH(S R171�1 y =�OJ N SLl �C ALI At h 0U(—' &-VEA � ok I e .9E-A- ` r 1 F w�y� / %L P/17- A c A4 f ! ' )' =ll f� r f '00 ;upervisor Approving ID No. Reporting 0 r(s� ID No. evDC- 3.15iR.. 1a 1 r NEWPORT BEACH POLICE DEPARTMENT ,�- ONTINUATION SHEET Page No Type of Report Booking No. DIR Numb er - - C - f t. t-)aj .. SLIP- L _4 '7Zf42 /%' < 0 •1 CULA^ raw l 7 be LL— f -- -Z� &5E r ar r... rT j r f VIL MIA 1 VITH N77 lay. ?Y4�z l//Z Q e- -/ E - N J !,7 47- TY zz ! f IR : a'�'� 1V 'C. //* 77) / AIE 5 L ,lq E .� /, , n .L , - ?45: <J _ S ,. i a l3L BY I rill -- �LC1>I F LCfY� �C l�L�c ASE e�lq lqWw 0 Supervisor Approving ID No. Reporting Offi ID Na. :BPD Fd 3 u(R.r is > A I N -WPORT BEACH POLICE DEPARTMrvv Q TELEPP:MSC a $RIEFrNG Prellmina Investigation of: DR No. ❑ CPI ❑ VNI ❑GSU /YIifD " �!/7TEe ,�iV</rr r�X::.. J / Location of Occurrence �I�UZZ RD jDate,& Ti a Reported to PD Connected p �%%C Re rts -Type & DR O2sy -//,37 �SGC ,'�5/ V14 5,40/1710 /� �/ /// v 27 �f A tFs s(v/�iaLc/YIE✓T Occurred On Mot yNr Day Time Mold lyr Day Time StolenA 't Recove�re/d EsLDam. ArsonNdlsm Or Between: // G/?'� A�- 23"b 8` S23 is fo $ f� Last Name (Firm name if business) First Name Middle Dob j Age Sex Desc Hgt Wgt Hair Eyes ST/1A7T0 ✓ DOGGLAr ALLc 7/7 7 22 r� 3 230 ff'o"'154z, Residence Address IA City / State Zip / Res. Phone �14 V Al A/ n!� N .✓ Business Address City State Zip Bus. Phone C. JeIS.) V1,4 oAo.,? 7-0 5u;7 " ^lc-c x,404 r e,4 C/Z LG 3 �i ' % ' 17o0 T ) Victim's Occupation Victim's Condition Veh. Lic. State Year Make Model Color(s) Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? OYes 8 No A/ / Victim Desires Confidentiality? O Yes 9 No Domestic Violence Related? O Yes 10 No Gang Related? O Yes, V No Hate Crime? O Yes 0 No Alcohol Related? Weapon Involved? O Yes ® No Weapon Involved? O Yes ®No I Weapon Involved? O Yes is No ® Yes O No Name If Known - Booking No. & Charge If Arrested (List Additional suspects In Narrative) Dob Age Sex Desc I Hgt. Wgt. Hair iEyes �/A2Q /S �AI/iEc C�A�rES 8 V, 7J/ I 26, I Address City State Zip Res. Phone ?V7 Bus. Phone%` S: !S 5AK tin /OLL 6"-0 Dc' �� 2A L1% 9',96,79 Yff ' /(� 2:7- W 4 'S Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon (Thmats,Fonx,Simund Gun, Etc) h Knire or Gun. Describe: P /1/0 h /c FST E Clothing - Additional Descriptors ! Additional Suspects? O Ye Ty6Z // Sff!/17- assn/ IoQY ST02IA r 4414)e ! "04"I rS gGC ��ES" (Ust on Page 2) ® No Veh. Uc. No� Stated Year. Make Model / Type Color(s) Inside Color(s) Modifications Damage- Additional Desc. ! ImPIreOPMSane Cmes' V -VICM RR Person W -wM ss Dziscov Person P- Perenl Code Name Residence Address City State Zip 0,4,L /Z,✓ae_L_ 6:7:1 DE Gh'ZA ' a 926,'79 Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone /gl9j G 7VI3 F „/14 I W A Sib — /� 1 Code NameResidence Address /A City N 14 State Zip /✓� r// Al Dob/ Age, Sex Business Addres/� (include Zip Code) Bus. Phone / Res. Phone: 1 ,A/ A 1/14 ..4 Al /_ /A N.C.•SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY TNIS SUSP.(U. iavmse v6, rar aemtionel nem^'^.) Burg: []Force []No Force An/O f2� "Arc Supervisor Approving ID No. Investigating Officer(s) ID No. Signature of Reporting Person � �lVc7ts- /:/.J ( ,9i///W ): ) ) Date f odu d C /J .avyl NSPD Fmn 3.1 (Rev. Sa]) PVRTPTT N NPORT BEACH POLICE DEPARTMF- -- ARREST REPORT Location of Arrest RD Date i e Arrested Number jilo viA Gpo ero "7t/E 6ry z2 /S I /r G & 23 SS- ecting Reports by ype and DR Number Qtr . ; ' '' 45_ �f.' : ° Videotape of Arrest 9SS- cc1A� -�D 0eyes ❑No N-! Arrestee'sName -#1 Last First Middle Charge Section, Code &Definition 2IZ �dL. /J��SDc/s/�A�c.r aA7���c y ��iL� ✓arE �c�iso /S 4�eEST Arrestee's Name 42 Last First Middle OC# i . ' Charge (Section, Code & Definition ) DETEN iV DEE',VIED NOT ARRESTED 0 Arrestee's Name 43 Last First MViddle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State I Zip Witness #2 1 Age Res. Phone Bus. Phone ddress City State Zip Witness #3 Age Res. Phone Bus. Phone Address city State I Zip Arrested By (Private Person) Age Res. Phone Bus. Phone -u-'Y' vy" mss-, 7; 2t 700 Address oZg44� fig Fo I/ /4,0'F city I .^..gam' 7tJ11.r/ c�P� Si �!/li �''v late C% ip 9dG 7-5 Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: �1L�!7� L✓9s A htGr/f drri Fk rT c'TVGCit/ ifr CUS%C?!r1�- �1_f%Al _(?%t!c Or- Z %f;--- eCV'V1f&!11_ f%7YU.�f1r?I{.._Cf/SUo w�¢F�LzF!!O._.pF rta_0_r>ti4( ... GAY__. we,�T_-- iif_r= c./�'...--- - - -. -- L��>�� r� �B�}�6, =� h��._��'Q_6Y�%�G� � �['�i�t . �U_. LL1 -�t/G_./1!l'i!'!__/til✓i9_Y__.l �'t .G ✓•sari err! !1 f%_ 1/}Ck_,SHT4i_1�TN G _ �._�0_.ti _r f/t G.%/_�..f�l- t./_✓/I ✓�l%%OE/�- i%f.�_ -- e¢(�0 ✓� Lu.�J�rrrdr rl vt fl✓ f! ��%' �0— �11% ti�i__�O���!Qy_- %la��/_!`Y�G�60 -- �'1`- rft_c. Gilsro✓2�_QS_t��°_��iQ_ f %L7��F r�°IJxl�if! �✓ Ff�7�%!..._�t/F��{ _...S9c'.CC.ry_6ciyG_ _- Unro a �_. �r�a. p �_ s_ otiL ,✓s�aRn�vc tIf DE of Involved? o Yes p No Location: Supervisor Approving ID No. Arresting Officer ID No. Vacation Period ; Datelrim Reproduced Clerk nay neru �wm a.t tnw. u�l n• / ,.T '- LFPHC.VIC BRIEFrNG 1. ..T Vlll "EACH L VLICL "zr1 1.1Y Preliminary Investigation ( s R No. jCPI vNt GSU ors _ /ty/ Location of Occurrence RD Date&TimeReporrdtoPD Connected Reports -Type & DR ESE �u�rl rr, Occurred On M1)o /dy/yr Days Timrel Mo /dytyr DayA T e Stolen/lost Recovered E .Dam. Arson/Vdlsm Or Between: r t� o & jj_�6_gj rr�l $ $ `_ $ 1' ' .3-1 Last Name name if business) First Name Middle Dob Age Sex Desc Hgt HHaairi (E�yyes -(Firm %( l 1 4 , �:r ` �_ S 1 C tWgt Residence Address - a( S tU a3 City - State Zip g0Sa Res. Phone.�tQ 3 V . I. Business Address City State Zip Bus. Phone C— Victim's Occupation Vctim's Condition Veh. Lic. No. State Year Make Model COlor(s) M fa�,��` �.� _, Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes O No L 'J " COL Victim Desires Confidentiality? O Yes ONO Domestic Violence Related? O Yes O No Gang Related? O Yesl ® No Hate Crime? O Yes O No Alcohol Related? Weapon Involved? O Yes O No Weapon Involved? O Yes ®No Weapon Involved? O Yes ® No 0 Yes O No Name If Known - Booking No. & Charge If Arrested (UstAddmanal Suspects In Narrative) Dob Age Sex Desc Hgt. Wgt I Hair! Eyes °?0 u& L A Z I Address City e Zp Sttattei Res. Phone 'i ? Buss%. Phone�Q1tt(�� •:S 3 ''1* 112 / SPersonal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon (Threats,Fon e.Simultd Gun. Etc) If Knife «Gun. Dese;be: P, sllWeb Hif-Ab _ E Clothing - Additional Descriptors Additional Suspects? O Y �= TM i=t (List on Page 2) • No Veh. Lic. No. State Year Make Model Type Color(s) Inside Color(s) Modifications Damage- Additional Desc. ImVred Pp COdea: V -V RR Penwn WWdnesa D-0 Pp PAa,ant Code Name C. ole Art- ( P, Residence Address 42006 C �Z �N City pAso Ro3GLs State 0q Zip Dob Age Sex Business Address (include Zip Code) Bus. PhoneAJ IRes. Phone r arF r► M ao � S( _ 7 /Oo�Z Code Name Residence Address City State ZIP I�- 6/:) JKS &M " Dob I Age fSex Business Address (include ZIP Code) Bus. Phone g ` Res. Phone F r���a nnvsc�tt r�Yt , �3� -oaa MO. - SPECIFIC OR UNUSUAL ACTIONS TI T MAY TEND TO IDENTIFY THIS SUSP. Nsa m side W ad*ddnw wea j Burg: ❑Force ❑NOFOrce (: ... •i?i 6V/�L(� ��t \v. i ?i��`,j �= (,it C� , 1t'` -Do ice;C� ii ,1 — 1"\l..lLr�... a_... .. �(7 1 ; Su ervisor g oG ID No. Investigating Officer(s) ID No. Signature of Reporting Person c �J -`KI � & .- Date & TiD e p rodu er�r_ NSPO Fpm 3.1 (Ray. 5-97) Py TPTT L 0 J NF '+PORT BEACH POLICE DEPARTMENT • " • , 1 Page o. Z% Type of Investigation . BA DR No. � � t additional suspects, victims, involved persons. (2) List stolen/recovered property. (3) Reconstruct the occurrence: Include all elements of the 4 Describe any evidence, including tints. state locations found and by who Give disposition. Item Misc. description (Color, Size, No. nuan. Brand SModel Serial No. Inscriptions, Ca @er, Etc.) Dollar Value �Arti�cle Moe) / E VIDEO �A44j!rzj) 77Y AT 7HC-(Z)()Y HIT ME AN KMUCKC4) A1- 4--Zx dw K i 1J , fii' S 2!!7 =3 Th E /v` A� 777 L 77-2 CZIEC& P':a JY 41 L ZP� ;WO . WIT; 1 /i Y]ti �70 HqVE RO T Me cT- AM 75*--- r ru,5 1 rivG11E1J u Axe Q . - PC- / 45 X Z JQ/ rrf ' f - 1Z 15<D ali0.� MCI- 1eq H+c Pz�G --.D f1,6AvT a), ' G tF is elAelFL Q7'O oP - Y� :V AGZ50 E CT 629> E 5uSn ti E!J Da k) . , (/ Cr '5AIIJ IYE dl ME 774 , Ae WU Svt�ib aq—a+V 7-#E I 'S/ 1 S t fi'c / �1E_ LtJ Lam'! c ey�.Td ;zP a o*� ..�/4!0 Su 'sor v ID No. ID No. Reporting Officer(s) XtlYU �AT.1.1'J IXM. IY'SE) Jt� i NEWPORT BEACH POLICE DEPARTMENT ONTINUATION SHEE i Page o, IType of Report Booking No. DR -ber cif 1 2j j Al-- E- 45: ti E rf�1�A r�r/Ezj l s Aar AXF E .r / "—. SHiD 7-1r7U� -/�Vcef lT �f/OVrJ� 74E: 7Ffl 7W,47- f>! -77 f SSs Ste / .t�%T "^ hE - �sf/ilr/�Q a� ff� THE —Td 7 ,e�i5v1� Gam. `v`" (VN b r- . KO _ c� 6�Gzs- T7/E S( •° /k, M z- r , RJE!EFT fj U /79 /CT /4) A o7 a PC . 2 /(.61!/77Fg e Y 1 site P � ID No. -�. /Oi.. Reporing Off_ _ ./''// ID NoQ . lV.r.`.� �1.) NRPO Frnm 3.16 (Rev. 10.%) 0 J J35 Y- WPnDT RRA ru Pnr. TrF 111F.PARTM*' -'T ❑TELEPHONIC O BRIEFING []CPI 0 VNI Preliminary Investigation Of: � ' DR No. RN?1Ii n 7 GSU Location Of Occurrence RD 'A Date & Time Repqrted to PD I Connected Reports -Type & DR spuzz d On Ma /dy /yr Day Time MO /dy/yr Day Time StolenAOst Recovered Est.Dam. ArsonNdlsm Or Between: /1-!� q9 A3a& & < <�� a�D $ $ $ Last Name (Firm name if business) First Name Middle Dab Age Sex De Hgt Wgt Hair Eyes 0060 _A� 7V 7'7 a M C -3 59 8e_NISIU Residence Address City State Zip Res. �Ph�onne9 /4/J�7/ 6 V .,,41 Business Address City S��} tate Zip ;�a Bus. Phone ?1/1? C 34.0 VIA OMA70 Ail S. 'Jr 3 67 – L/ %O T Victim's Ocncunpqation� Vicim's Condition Veh. Lic. No. State Year Make Model Colot(s) / r Z 45XCTE-� M V ►' N Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes O No Victim Desires Confidentiality? O Yes O No - Domestic Violence Related? O Yes ONO Gang Related? O Yes O No Hate Crime? O Yes O No Alcohol Related? Weapon Involved? O Yes O No Weapon Involved? O Yes O No Weapon Involved? O Yes O No O Yes O No Name If Known- Booking No. & Charge If Arrested (tistAddi)ional suspect3 In Narrative) Dob Age Sex Desc Hgt. C Wgt. 51 Hair Eyes :' Sl ov A lf.< 2X, d92 PC . ,3 M -7 l: �,� �trJ Address City State Zi Res. Phone 3(p Bus. Phone S -2I&G G� � 37 -� i WZ4 E �+ �v50l 3257� Sap Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type Of Weapon O'hreatss.Fo=,Sinnupttd Etc) If Knife or Gun, Describe: `Gun. IOthing - Additional Descriptors C, Off- -7y/ p _ Additional 140.6-0 `7S ��'f jcS d!j/�N /�7/(� ` IVJJ Suspects? O Yes (List On Page 2) ® NO T Veh. Lic. NO. State Year Make Model Type Color(s) Inside Color(s) Modifications Damage- Additional Desc. InvWed PersavICWvs: V -V R -Re RPersW W."tness O -0ismv"M Pm P.P.ffl Code Name Residence Address City State Zip Dab Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone Code Name Residence Address City State Zip Dab Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone M.O. - SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY THIS SUSP. (Use rn se We W addtimW nanzWe.) Burg: ❑ Force ❑ NO Force ,_ . - A p� C 6m �Y1 - ir( LTc�( _ CA'( Djii /U I . —._ i - Ytb �j r zz Supervisor Approving ID NO. Investigating Officer(s) ID NO. Signature Of Reporting Person Date T b)du L CI NBPO Fcirrhl f IR v. 97) FIX H 113 1V' -VPORT BEACH POLICE DEPARTMP" - ARREST REPORT Location of Arrest RD Date rime Arrested DENumber �xE 15�;Z2 � , — ms s© vt !r- L- � a 3`7 Connecting Reports by Type and DR Number Videotape of Arrest Vi®Yes pNo Arrestee's Name -#1 Last First Middle OC# 5{Lil:-_ "it A'k- i r f Charge (Section, Code & Definition) Arrestee's Name -92 Last First Middle OC# S1bC-= Nl�t `:� LY�IN� �C-QaAA Charge (Section, Code & Definjtio Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone ty O NU ��{�AV! � -- Address I City State Zip NBP D — – Witness #2 EEi0 � iON, 9e Res. Phone — Bus. Phone �� -f T. —. Address City State Zip Witness #3 yfe:. - leRi�O avv Lf1 Age a Res. Phone q3 -38 -y1 Bus. Phone Address State Zip 3�a VIA 1City I Arrested By (Private Person) Age Res.Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest; Indude Elements of Offenses; Note Nature'of Evidence and Location Deposited: ^T TML AamC z:47 _�__ 1-1- {r���` > >{y i fr�'•-ba�. i/:t i f,l_ —/L USz�f l�]1A Ak,tD 11�'ir'i�y1_ _! �rcr -' Alcohol Involved? ■ Yes ❑ No Location: '(iz Z ,f ] Supervisor Approving ID No. Arresting Officer ID No. Vacation Period D to ime Reproduced Clerk �J i V Ne v ram >.l (Ke . wear M 0 0 N-,vpoRT BEACH POLICE DEPARTME%'T Continuation Sheet Page N y. .Type Report of Repo Arrest Report Booking No. DR Number 1113 7 PZ-! —4 3 W; E e K VIC-� 7 019F 7VcIll1q 7- 1A A r 14 A -�-D lk10 6EEC -Z 7 /p 9 /170 1t C M/ 14Lr 6�471V�40 77/ 2& 72al,41,2n 71YE 4/trO/VV/cQL/q -Z1111-1114 A6;-Frle. X,0�91mlvl /1 -7 T -5110 E F-9:71--f A,- LF Le -7-0 Cq h45 AAM r-044. ff1to 7$! :7 6RA886�=�Q MY �Q-, AAM, AAX) P-M�L:SO OAJ c5;q1"1/Xa 27-77S 7-be-6 115e -7�0 Z-47-1-�SQ IgAAp E ;!�g,5V Air= ACO l ASO )V-4F MA = ? � 9 / " FZ A Z - S-MIA Y/ - JP-e�7 -7P AW U�-5 AAAQ C--Y'eIAA CzzoQ Mr ZI A-Ge' 15!11anoo 7- OA)Eb IIEZ Al Pt�l -d MR. tGZ��. IV 04:116. - lEi WE ­772 -r)L 9056 OOZASWA)n 7V S7-9P SMdT- 70 Pz4(cE Meip- IAI 6•4 - 07 MJe-K lki �6�— /YZC- fiA,(LN OIU451 AlID&C Supervisor Approving ID No. lReporting Officer( ID No' 57 N`-OPORT BEACH POLICE DEPARTME -" toONTINUATION SHEEI Page No. IType of Report Booking No. DR Number K&- 1 T am OR Gc =4 rCC_c !> E' N -y r �--- E - tit lIqlu N-DU rV CL 72-772 f)9UHR !/N �A ccc1. `j SEA J n. r^ 7-D Mr 41k17- D ^ f ih hr5 aN Y//F'O -/ L {G2tJr� -z;e 70 - 1 Supervisor Approving ID No. Reporting Officer(sj),,�7 7 ID No. r, 1 TI; NBPO FP 3 15 1Re . 10961 0 go N ^WPORT BEACH POLICE DEPARTMFNT ARREST REPORT Location of Arrest Sp V /.4 G�p�r 3�Z2 �� RD /S Dat ime Arrested // S 99 Ga lj /Za OR Number �%- //O 7c cling Reports by Type and DR Number Videotape of Arrest A"Yes C) No Videotape # 7/p 511F Arrestee's Name 41 Last a,0 1 First Middle 197A- M mltNL`t OC# , �o aCQ Ff Charge (Section, Code & Definition) �r �DgEERi4:iED NOT ARRESTED L,o.✓DuCT it�J i g C PG'71.��— r/�C/r77'�n�' Arrestee's Name -92 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State I Zip Witness #2 9e Res. Phone Bus. Phone Pdress City - State Zip Witness #3 Age Res. Phone Bus. Phone Address City State I Zip Arrested By (Private Person) Age Res. P one Bus. Phone Address City State I Zip Describe Circumstances Leading to Afresk Include Elements of Offenses: Note Nature of Evidence and Location Deposited: 4 iJ /mac; cc v /, T ✓c-nl 42,.f aSSc-n ✓c9 _7! DcT�✓Oa✓r 'daw��S /vAGic;✓G tiCP�ilr t/ /A D%a/1� �a/n 7�/c` "p'yZZ _ �v�. /�%%E DC�.✓DSf.✓T i/A/J D /%i% /Crrc.� �i��•✓L .�il /3i'G!!.✓t�.c �/,✓D G,.Af S�z/`/f�G.�/G <fC,�olS TiYc Si .�cc / Gvi1Fi,/ Tf/E Dtfc� /DA,. /T _ _�- S��C�..°LC f�E �Gi/ /i✓TO .D F /i7R: -c �YSiA.✓Oc7t Fz.✓/� _cAGi/c/J_Ti-fc Tt1E�4/ wAL� /> ?a A n � �1/t3� i yGC A:✓4 �.F1r✓�4 l�/J f9G,� /.t /fT /r _�__ "ei ✓ch t l/D✓ifcD //1 = -fir GvN�/T I lnvol d? ,(Yes p No Location: Sup ery r ro ID No. Arresting Officer ID No. n Vacation Period Dateri-imeReproduced Clerk FXATDT'W V -Ll U NEWPORT BEACH POLIO DEPARTMENT Continuations Sheet i Page No. 2 Type of Report Arrest Report P�fic ,C /.✓TaX /w �o l o. DR Number �- //G7,�, �±F`Q/dcn /CD ,Gi✓Q G /.�Tcd �c .DG�G',� /Qgt„�T �jc.?' 7z /Y/c , S G/o /TAG c O Tic Dc�' n/DA��T Ai✓O Ll f CG /J //i/J� TJ (.,AC .G "4,a-o,(I•• Ti/E G, /,-7/ /y/c' TD /!Iy /?oc .cc (i.✓ /T So T �P xt.e cam+ -��i �i.N, ,gf T G..,�r �a�.�..✓c T.-iE Dc"�✓DA.✓T /'t'P�'rf Ti>� ST.�c�'"T1 :✓GTlCc4 ASl�•°a,✓GGDo.� ai �..� (/n /.��•'v'a :.,/ .�:G�:- loL�i; [�cV�hAtc' &I�V,4-1477,�G F/-10"W I-PlyI I"jl= e.11 .9n //J T7 /47 hk 4144 D /iyiG�c �7 SEED /n /(, // /f ALA VGc' . AFh�h TtfE T . -r irT TtfE dSZCFo {i /M J,C- //7� /T e- i,?T .Qh /Q /� /-/c` .�n� -.... Gv/%>'L� f�c CHAT. _ Ti/c .C7c�•- :'.. /.^A.✓� u c .:: /y; ' c /T e--srr 4i2c0 /- ll /-'.✓a TtFE r7,1774c' ..T .✓G i7 c� :./�7; T.�= Dc �',t•' ?� •"j �1/c/ ✓ e�� 'fir Of.t� mil. /� wA,c7Cy f>n /� 7714.7 //E; %��?� /I Cs ?i✓i V,/ 7�%' ot3av_e G/SrEr> G3Scr✓477a.IJ cIW4 r:=cL ✓G 771,_- G%Fe,✓DA,✓T 4--,af 7-31 :�rt...;y,2� =�� .s /'71�_'reT T' . ,;;�,r�I /i,✓D�x A,�L'cST /�L Gc'7C; =� PC'• .fJ /.S`GtiQ =ic.;. �„eQo-c -- ��r�4,HL%�"7k�•t� - =c../ An/ a2, —cal' ` 9 T.Q,a,✓I� /,im TT. ^r/c` n,lc���. .TAi�(�G�; \,�'c� /.✓!. U. /� /� <T �.✓G' /.Gcn�i, _ -- o ID No. Reporting Officer(s) ID No. isn Faun 3:15 (R .10.96) N'- -SPORT BEACH POLICE DEPARTMP- ARREST REPORT Location of Arrest 5O VIA oR)JQ v aYE -Z5V22 B4e RD /5 Date/Time Arrest d 69 -10-`� a i DR Number 9q- `CPU acting Reports by Type and DR Number y 11660 Tr Videotape of Arrest Yes No ideotape # aiAj' -Pruett Middle Arrestee's Nam9 -#'I Last Middle OC# —Firstt per- �) F&�1Crt O U Charge (Section, Code & Definition II3. A) /a f cS�Z- ��' L WALE . Arrestee's Name -42 Last First Middle 0 # Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #'I %elms Now C . Age 'A Res. Phone /4{ 0 -5 0 Bus. Phone ?pf 5o0- aceX.aa7 Address 3/7 IG� / City �1JTIX/�Td ��' State Zlp 9R6Z Witness #2 Age Res. Phone Bus. Phone 0- owl Z,6p Ulz — — 9� 4W4(- 3%l % ddress City tir � - State 4:9 �?q660 Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State I Zip Descibe Orcumstances Leading to Arrest Inoude Elements of Offenses; Note Nature of Evidence and Location Deposited: __ ON THc_ L�7 _�L��- �%'��BN17_%7�f�1. —<(/�S D/S�'US�,U�.._ •9 �'f�'�'�'.�l� � GE W_L1�111�c "�cz�F/YI�A/ M3 z �}3iVQl�I�— �/E�9c° /YIA�tLI�/fIS_ ---- - - - - - -- ��PMys4L. I involved? ® Yes ❑ No Location: .;7,�v, Supervis r ving ID No. Arresting Officer ID No. Vacation Period DateJTime Reproduc lel - IS.14:2r:a N Sri NPWPORT BEACH POLICE DEPARTMENT ' Continuation: Sheet Page No. 2 Type of Report Arrest Report Booking No. OR NumbL�/c^�C_� ,/ f' LEfa�C LabTl� z P- L_UC 3fr F� v7' d.� QeE r 3H, 7 -Z t - -f 8,4 /9 Q —fit- /fir =�T�;4 Q�U^g• / n `' 7/-/A7- -I iJ 4:SYt ,r /L� Li'� / // / %6' C �V Co�9l�LtE/� z �I C/ �s� tTfic� /I.: t;? of !yam r GuD /v / E' 1-771cxl .�.�- ' &A.5 /• / - OH6� 1 `I s /7- Ur° L6 qly . ME i ESS� /U24: d /C'al. 41J 6- , O PL /1- c34'iNG !'v^ 7� L to ills o id i z- /I:- �: _'1(!r . ".'�.;;� l'l' �i/`�5 /�• <%rt"�9Tiz/J iliAir % 1'= /_?� T s�'�% • �.GiZY %G'�T�L� /c..' =�f�G `/.�'UCz/s•� t��t3f+'8LY �a''tl!f ✓L'= , ET/ErV /�� AA A-5 F-Ve - �ow/ SIxln- ' LAS /.= A:5- L 0(z-4 I = C'A�l7/Ey�/O1nA/"s 51�2/- Ak4lp/,>!/r7=Q TIC: lle /iAd- // // ['OCAIX� /'lrf`L.UX , 1X2 17AS CJ7.C_C_�rC� /.{/ %tfc�L'_f/��.'J�//if'��iJ• QO 7?/CCJJf,Tf�iiSS TfrC'C� A.C�'/tlo i� f1�..✓�7dE C2"Ai LfikiNGR P,frSUHPfrI�•7^ rAjz!�,6 % 1,� Sri tA.; 171E F /�"`% fit_(.( Ad L / /SAO /! � E�.lfi'.C( AT �✓.f3�1] �i�FF�° °b df�� ,P CAJ49Z 7W47 dZ 101t5> - /�i CLC -Koe /'l 57e is am Arru �f gy? X /�,C� /G, � mfr 7a Tye 7rE � =� L% /�5 i�eEp Supervisors IO No. Reporting Office-r(s�s!7; /10 No. npXU �OIT J.ly IX�V, IPYGI 0 10 1 N °WPORT BEACH POLICE DEPARTMF "T ARREST REPORT Location of Arrest RD f 5 Date/Time Arrested �o�� umber "�� I-1-7 dlozC Yf obi iO C) - 09' t�b'y�Type and DR Number Videotape of Arrest Videotape # n,� sting Reports t c•� Fic- +�r��%i(�Y �`����'tff.�i(i Yes ❑No iias3 Arrestee's Name -#1 Last First Middle OC# MQ. _v UONK QIal° --s T Ala ( on Code & Definition Charge co Arrestee's Name -#2 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 y 4r 1DA �W Af3A L C-<- �: � �j Age a� Res. Phone Bus. Phone qq 0 � -000 Address ,,,U 450 Y IN t 0 EM4 City State Zi CA lac Witness #2 A31 K45%c) f Age Res. Phone Bus. Phone -R 1 C — az, t H 9�4 -r qc dress l0 ( f��hi F,�' jT City �_ ����,e;�P�r'� I ���t State z—,4 Zip ► -� #3 Age Res. Phone Bus. Phone City State Zip By (Private Person) Age Res. Phone Bus. Phone City State Tip Describe Circumstances Leading to Arrest; Include Elements Of Offenses; Note Nature of Evidence and Location Deposited: ^C�iry -?i_ �V / �f ✓7�I �� ,�� %�4. i � � �+-S� C��i•�t�•'Z. /! _c'_^_ = . /^'rl.^..."^::.Ff� .__!�_i Z r f y�_ ham. a ° _�� f t..y�'l�` /^t?��M j�.:'�� )�%/�•� ,j�� �„ f.. o• �. °_7ar�- a'�I ! . f/ID �lY:' = • "� I,��sInvolved? fl Yes ❑ No Location: I r Approvin ID No. Arresting Officer ID No. Vacation Period d at —.,P, Rep used Clerk 9' -'4q /63o NBF IM, 5.1 (Rev. 12 -N) " V " 7 n Y • . • 0 NEWPORT BEACH POLICE, DEPARTMENT Continuation Sheet '..; - a pe of 'Type of Arrest �.. ,. • �- 1_ _+�'� i•.lfi�:��lit���• i '1. ai .E ���- ..'q�pal%tri, . � � � .. �� W tr j� I UNWIMPFAUSi URFAM .1 Ilts • l.0 A t� • it .� _ , ' L .1 :.i � �. � ♦ � �.�� � ��� � ��171'� _�,•r� -ter � � - I iiiii iinurg am. ���i� .�.1 5111111,; . 1j1 - �� / �,��, ' � ►'min... +� r :.. i YEW, O =A N8P0 Fpm ].15 {Pw. i6 %{V N ^WPORT BEACH POLICE DEPARTMF "T ARREST REPORT Location of Arrest O2Z 15A�, - 35415) TA OFIORTO RD 5 Datemme Arrest o -ag -Q ola's DR Number Ti $`1`J ecting Reports by Type and DR Number Videotape of Arrest pYes ffNo Videotape # Arrestee's Name -#'I Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Wriytnpfer^sys� #t S j (j Age Res. Phone C�(jc7 Bus. Phon 'Aft i Address CIDLIF lCity State Zip Witness #2 —77. Phone Bus. Phone Wress a City . State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest Include Elements of Offenses; Note Nature of Evidence and Location Deposited: of Invotved7 l as p No Location: Superv, or Approving ID No. Arresting Officer ID No. �J -w, -; IUc � Vacation Period Dateffime ep duced Clerk �1�q9 ©0 5.1 (Rev. ,2• %) t NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR re'i - (J -'J-eC. ✓fit: Z ., ""°.5M r O y ' r, /� / / F 66 HAE5 �SCl tT E P7V Cyr '"" OAJ 1V 41d A/l� fED 8 /(J /�(1l -� � � �c �fT� lei X7 1-72 .y 5 7-0y rr 'bf MIgAl Supervisor Approving ID No. Reporting Officer(s)),, ID Nom. 115 (Ra. IP%) N —WPORT BEACH POLICE DEPARTMF- T ARREST REPORT Location of Arrest 4t5D VIA OP(�� RD Da Ime sled -o��fs DR N tuber 9� -�� acting Reports by Type and OR Number 1 Vik�aae o f Videotape #c{ ® Yes tlJJO No Arrestee's Name -#1 Last First Middle OC# TPM L- N ,5 4sl Charge (S Cle & Defini on) li✓11 ctio / PC . Arrestee's Name -#2 Last First Middle OC# Charge (Section, Code & Definition) M 7= I ,, TON 0,.;• y Arrestee's Name -#3 Last First Middle a>8 i / °•::.- Charge (Section, Code & Definition) Witness #1 NtibbL.EPj-ON Age la3 Res. Phone �t 4( Bus. Phone — Address 400119 Los c- OYOpis CT. City F-6l1N—MN VLY State I Zip Witness #2 Age Res. Phone Bus. Phone ddress City State Zip p #3 Age Res. Phone Bus. Phone ddress j City State Zip rrested By (Private Person) Age Res. Phone Bus. Phone ddress City State Zip DeSVibe GrcurnstanceS Leading to Arrest: Include Elements of OffenSeS; Note Nature of Evidence and Location Deposited: _� ► �> t fi 1246 mes .r_ _ C38 .r _ -o ?J d�A� � � ;�..JE IZE Of 45G'Z oil V(A aL32'- -M I Involved? ! Yes ONO Location: 8U . J3AP, Supervisor Approving ID No. Arresting Officer ID No. Vacation Period R DaptteTme Reproduced Clerk � //� O/ of 5.I j '. "- ) , NRWPORT BEACH POLICE DEPARTMFNT < Continuation' Sheet 1 I � MW 111111111 11 HE: W,A&AE1 Ord i a i la �1� L✓ r..r� III L�''� i � r 11. L a ■�r� •IL���i • i� u r �z� % . 1 /Z�� "� 'lit '� � �i • � a// i i 1� J► d _ A _ �n11 .< . L � ♦ li �g Z��� i�V�'�� mot+: WJ .PROi.� iiL��/7 >, � • ° fir! r ��, . -� Supervisor Approving IDNo. 1 NFWPORT BEACH POLICE DEPARTMEwT ARREST REPORT Location of Arrest JA o Pack RD Dat i Arrested -D o D�2 umber �`l ��0 cting Reports by Type and OR Number Videotape of Arrest Yes Videotaape # 14/ 0 �. 41 ❑No I Arrestee's Name -#1 Last First Middle O 11��� M J4 1AE � Charge Section, Code & efinition) i Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip Witness #2 1 Age Res. Phone Bus. Phone dress City State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By ( rivate Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Indude Elements of offenses; Note Nature of Evidence and Location Deposited: - `_ or BUZZ ter '' 6ti 2-7 -? 01 W? T7 � r P�ATIV�MALZI ,- ,� c am'` �r,fl _ � t't / 4t ?'7 �- - -� -TC I ln!,oNedq fa Yes p No Location: ^L . S rvi r App ving ID No. Arresting Officer ID No. Vacation Period I7 � \; 6ps DatS em � me produ d Clerk l le M crier. 12 -1n Y-n v LY T U T 9V ft NEWPORT BEACH POLICE, DEPARTMENT Continuation Sheet Page 7,lType 2 of Report Arrest Report Booking No. D wnber 6-r4?t: tip :-'U F A I I -VIDII rMC� A<�=AW ri L?SF� IYAVI 1,10"D 7V6: Z 6;� &QQCoWr.-., A fiE : tS !LfOG AM Le-Fc=lo OF f-10 IHE DLi=7 TOE A/ 7Z A Y, NI i` V SSICAf Au---�o HEUD MTV) ;T-, -T-_ 4-�S 7YE PG�'rMmC2r**) AL.T�E AU6 4=EAM60 HY�MR OV:T 2�E Sll O 40OArs- HS'l,tIAK GOIAA6 M -VCO&TAe7EA IYeF 29EF-AAA�-> VZ- Q11 L'97- ;S &7r4Wb AUE - /M rE He�! OJ4S4- oltPAE I mr-jwnc�y-ro _r W/Vg�7n 7- 7Y�E 7-24��Y� 9 / q 77kF- d ' -• - A-6 �, - IN 0774e 4- tom. ChW-C,%Ft E-Q A G/AL C-L41.4t1k)L-770 tj& &� A ZSW C' OU7,,D ?V 1. A-IEXJ 4y'-777-'— 6ov LnC� 6_ —I 77IG 2Z.47 70 F� TO UL G Foie TYC 111 . E rASZ--r A1251145 AT- HV,4e. gg5�M I 7?R cW:zK-4- 16 1--RIIJFVl, nUMUV - <U6- m J-->mjcME C-E4SQ=-1Q IM `::it A SIrF Z2 IV-Q)f AA k OfOJ WS 257ZEyi;-, _ ITY&S.- L26-i--77 fW7,l- JA C17A)SCIOL25 77,W 777;5 'Supervisor ID No. Reporting Offlm(s)—. IDN 7y 6 1 —F,7<Zl�i Z 9 0 KRM F 345 (R., 1 tw N"VPORT BEACH POLICE DEPARTMF -'T CONTINUATION SHEE'i NBPO Funs 3 15 (R9'�10.961 P s t �►�Jl'� .1 � • A,%J� 1�., r r►�1 / /aP�J / AW All OAF Supervisor A / . No.. ` NBPO Funs 3 15 (R9'�10.961 NEWPORT. BEACH 1sOLICE.DF3Ai6vhFv�4rwv% i ?HONIC a BN HEFING -- Preliminary _ Inveslirgalip f: " r° W DR Nq lu ,cation of Occurrence RD` Date & Tirpe Reported to PD Connected Reports -Type & DR 34150 VIA OPOIZ77D AVM $ I3 9 q — 006q 11 Occurred On Mo /dy Time Mo y/y D y Time Stolen/lost Recovered EsLDam. ArsorVVdlsm Or Seen: brjDay F j 0 I3 0J N11 $ $ Last Nam (Firfn name if business) First Ilarrid Middle Dob jAge I Sex I Desc I Hgt Wgt Hair (Eyes TPUf5So T n►N I F n a�7 a& c UP78> Residence Address City State Zip Res. Phone 7 j E. rANQ��k' ORAW -� G� r -3 Business Address City State Zip Bus. Phone C -- 7as - 7 T Victim's Occupation Victim's Condition Veh. Lic. No. State Year Make Model Color(s) M A�t&Y E i Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? 0 Yes 0 No Victim Desires Confidentiality? 0 Yes 0 No Domestic Violence Related? 0 Yes 0 No Gang Related? 0 Yes 0 No Hate Crime? 0 Yes 0 No Alcohol Related? Weapon Involved? 0 Yes C No Weapon Involved? 0 Yes 0 No Weapon Involved? 0 Yes 0 No 0 Yes 0 No Name if Known- Booking o. & Charge It Arrested (List Additional suspects In Narrative) Dob I Age a Desc Hgt. Wgt. I Hair Eyes t��,lKAJU U/N AFi�1 0 a�3 Address City State Zip lRes.Phone Bus. Phone S SPersonal Oddities (Unusual Features. Scars. Tattoos. Etc) Type of Weapon (riveats,Force.sinnultd Gun. Etc) If Knife or Gun. Dese3e: P ads _':,W0A:r kl(j E Clothing - Additional Descriptors Additional Suspects? 0 Yes C T (List on Page 2) 0 N o Veh. Lic. No. 5V State CA Year Make Model Type Llgo 1 ;iq Color(s) Gv /vi Inside Color(s) Modifications ` Damage - Additional Desc. sn p Persona Cme® v -vgu R -Re onin Person w.w1mess 0 -0ecov Person P -Parent Code Na a Residence Address City State Zi A4 V-a r LAND f c" df- _K :lip -� �rr it � ? Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phoonne p aYVO(� 3� °� "_ Q —P 3:5d Code W Name D�Y18J .t 'I �;SLJ!tl/1 Residence Address City _ t53{:�1 . �'�Ar Cam' State Zip Dob Age Sex I Business Address (include Zip Code) Bus. Phone Res. Phone - M.u.- SPECIFIC OR UNUSUAL ACTIONS THAT MAY TENO TO IOENTIFY THIS SUSP.(use inverse spa far eedorme nenelrve.l Burg: [I Force [3 No Force —/W//:s Vlalr g h k_ G �r E U�N/y2a �1ye- O / t3!/ Lf 7 v`" 7�°1 7-a AUMW OE THE HzEAfl Err 771E LIS7 A Szz- " E, r 3upervl�oa �A Yin�q ID No. Investigating �. Officer(s) ID No. Signature of Reporting Person h G 71 ]at I e ucep�l CJ ° IPO Fpm 3.1 (Rev. &91) J NE' -"ORT SEACH POLICE DEPARTMEIV—' . .e • rM1 Page No. Type of Investigation DR No. gq —SS bq� ( ddiffonal suspects, victims, involved persons. (2) List stolen/recovered property. (3) Reconstruct the occurrence: cn . (4) Describe any evidence, including prints. state locations found and by whom. Give disposition. Include all elements of the Item Quan. No. Anide Brand SModel Serial No. Misc. description (Color, Size, Inscriptions. Caliber, Etc.) Dollar Value OUT - of ! 8 ME 5U 4- M -Y"`Vc �" i11 GG dLc11 3Y �� TcACH NkFSOR. 04K AO ' . 74E U U� '' IJ�.�� ` Ga44VE lS A C —_ v \ 1J1 „J • l ■ i i l lr. �_ in r�QP \a s� / .I , � i . �L���— �r_�i�ilDu�l.� �i �° �-• IfPIF�f, •7��� «�:.'L�C�'kT+•I�145�/L[�/A � II lffr� AV • OWL .� f' R7i.FJ1Ti!IrT/�Giid1�11A� � _ 0 5,950 11M 221 ID /4P-'r -I 1 Reporting Office r. NFWPORT REACH PoucE.DEPARTNIENT %OWLJtL) ('TFLEPHONIC• 0 BRIEFING ❑G� SLP Preliminary : �..I. nvesti atio of: I0> RAh -Sl 3 Location of Occurrence z5'o VIA � RD Date & Ti a Reported to PD Connected tR -a3-io Reports -Type & DR Sot'P -FIC -L l:�> A-azg- Occurred On Or Between: Mo /dytyr Day Iq Time a� & Mo dy/ r G qq D Time Stolen/lost - Recovered Est. is $ Dam. Arson/Vdtsm Last Name Irm name if business) First Nam Middle Dob ;UYWMJ NiIC4AC -t'1 A `1 e L SGx D sc U Hot -b t 1 5 Hair Eyes Residence Address City State Zip Res. Phone V I C Business Address 31456 1r► is QP�o City P r y, State Zip, 1n 4 3 �� Bus. Phone 7 S_ -sco T M Victims Occupation [ Qn�M P� Victim's Condition Wn)":k Veh. Lic. No. State Year Make Model Colors) Notifications- Persons & Division �- Victim Advised of Confidentiality Provisions Per 293 PC? O Yes ONO Victim Desires Confidentiality? O Yes ONO Domestic Violence Related? O Yes O No I Gang Related? O Yes O No Weapon Involved? O Yes O No Weapon Involved? O Yes O No Hate Crime? O Yes O V-,capon Involved? O Yes O No Alcohol Related? No • Yes O No Name If Known- Booking No. & Charge If Arrested (List Additional suspects In Nana6Ye) Dob C -7 F—WAN F � . a—T Age Sex DesC Hgt. Wgt. Hair 1�v Eyes Address City State Zip Res. Phona't Bus. Phone U S--- P Personal Oddities (Unusual Features. Scars. Tattoos. Etc) Type of Weapon (Threats.Force.Simulid Gun. Etc) tr xnireorcun. Describe: E C Clothing - Additional Descriptors Additional Suspects? O Yes (List on Page 2) O No T Veh. Lic. No. State Year Make Model Type Colors) Inside Color(s) Modifications Damage - Additional Desc. UWpNle PersW Codes' V'Vnsm R-Rewmim Person w- witness D-Dism,enno Pemo. P.Par"t Code Name Residence Address City Dob Age Sex Business Address (include Zip Code) Bus. Phone Code Name Residence Address City gPhoneZ"P Dob Age Sex Business Address (include Zip Code) Bus. Phone M.ti. - SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY THIS SUSP.(Use reverse sMe W adotiorad narta0ve.) Burg: 13 Force 13 No Force a&] -1-441 A3oj(H DAq e uUE C ' I N U Supervis pp vi g ID No. Investigating Officer(s) ID No. -c-l\ iv`/— a� 7 , / U Signature of Reporting Person ) Date &Time Reproduced Clerk ;SP Ftmn 3.1 (Rer. Spf) EXHIBIT 4).. u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT H. BURNHAM, CITY ATTORNEY, #44926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, DEPUTY CITY ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH In Re: Public Hearing on Revocation of Use Permit No. 3626 DECLARATION OF SCOTT MCKNIGHT DATE: November 9, 2000 I, SCOTT MCKNIGHT, DECLARE as follows: 1. 1 have personal knowledge of all of the statements contained in this Declaration, except as to those matters alleged to be true on information and belief. If sworn as a witness, I could competently testify to the contents of this Declaration insofar as those facts, acts, events, and occurrences of which I have personal knowledge. 2. As to those matters alleged to be true on information and belief, I believe the matters to be true, and have received information from Newport Beach Police Officers, or in some cases, civilians that support my belief. 3. 1 am currently employed as a Detective with the Police Department of the City of Newport Beach. I have been an employee of the Newport Beach Police Department for approximately 17 years and have spent approximately 1 years in my current assignment. I am familiar with the Buzz, which is authorized to operate at 3450 Via Oporto pursuant to Use Permit No. 3626. 1 DECLARATION OF SCOTT MCKNIGHT x 5`� 4. One of my duties in my current assignment is to monitor the activities at 1 establishments licensed by the Alcohol Beverage Commission (ABC), within the City of 2 Newport Beach. In that regard, I have been active in monitoring such activities at the 3 Buzz. I have reviewed police reports for activities at the Buzz. I have received training in 4 5 the recognition of symptoms of alcohol intoxication or alcohol use, and training in the recognition of violations of State and local laws. 6 5. Since October of 1999 1 have inspected the club at least four times. I have 7 8 personal knowledge of the operational characteristics of the Buzz and the conditions of approval for Use Permit No. 3626 as approved by the Planning Commission and upheld 9 10 with modifications by the City Council on June 22, 1998. Use Permit 3626 authorizes the 11 Buzz to operate as a restaurant with entertainment consisting of 1952 square feet of area 12 devoted to interactive computer games and arcades, a 459 square foot dance floor and live or recorded music. I observed that since at least November 18, 1999, all the 13 14 approved interactive and skilled games and simulators have been removed from both the 15 first and second floors and replaced with open area for a bar, chairs and 3 pool tables, or used for dancing. The attached floor plans accurately depict the areas of the Buzz where 1 16 observed the games were removed and replaced. with chairs and left open for standing 17 18 bar area, or used for dancing. 19 6. On each occasion I inspected the Buzz, I observed that the Buzz did not 20 operate as a restaurant emphasizing the sale of food as required by its type 47 license, 21 bona fide public rating place. On numerous occasions food was not being served or consumed in the dining areas and tables within the dining areas did not contain utensils, 22 23 plates, glasses, condiments or other items typically associated with food service. I have 24 seldom observed anyone consuming food within the dining areas or other areas, and the 25 overwhelming majority of patrons are consuming only alcoholic beverages, dancing or 26 listening to music. 27 28 2 DECLARATION OF SCOTT MCKNIGHT J� 7. 1 have personal knowledge of the following violations of the conditions for 1 2 Use Permit No. 3626. A. I have observed that the Buzz is only open on Thursday, Friday and 3 Saturday nights, closed Monday through Wednesday; the facility does not 4 operate as a restaurant emphasizing the sale of food and does not have any 5 of the authorized interactive games approved by the Use Permit, in that: 6 7 (i) Food service such as fast food items and appetizers are 8 available during the early evening but I have never observed 9 more than five patrons dining at any time. On most occasions 10 no one is eating and no waitresses or menus are available to 11 serve food. 12 (ii) Food service appears to be a very small part of the business with the primary emphasis on the sale of alcoholic beverages 13 14 in conjunction with dancing to recorded music played by Disc 15 Jockeys. Tables within the dining area are typically cocktail 16 size tables devoid of utensils, plates, glasses or condiments normally associated with the sale and service of food. 17 18 B. Patrons of the permittee consume alcoholic beverages, other than 19 incidental to dining, in all areas of both levels including on the dance floors. C. Soon after the Buzz opened, it discontinued valet parking. I have not 20 observed any valet service since the opening. 21 22 D. I observed that there were, insufficient personnel to control the t. 23 conduct of all patrons inside the premises, as evidenced by altercations, 24 overcrowding, blocked stairways, etc. 25 E. On numerous occasions, I observed that permittee failed to provide 26 security personnel for the exterior of the premises sufficient to control the 27 conduct_ of patrons entering and exiting as evidenced by altercations in the 28 parking lot upon closing, loud and unruly crowds in the parking lot upon 3 DECLARATION OF SCOTT MCKNIGHT ✓��I 1 closing, absence of security guards in the parking lot upon closing, etc. 2 8. 1 have reviewed over 130 reports prepared by Patrol Officers of violations + 3 of State and local laws by Buzz patrons that are attributable to Buzz business practices 4 or the failure of Buzz management to control patrons. These reports are very typical of 5 incidents which routinely occur which involve Buzz patrons and Buzz employees. The Police Reports describe a substantial number of violations of State and local law, rules 6 7 and regulations by permittee or permittee's patrons due to the business practices of permittee or the failure of permittee to control patrons in that: 8 9 A. During 1999, there were approximately 56 reports of police related 10 incidents and during 2000, 74 reports that are attributable to the Buzz. 11 During this period approximately 130 arrests have been made for assault, 12 battery, public drunkenness and alcohol related offenses. Three of the 13 arrests involved assaults with a deadly weapon or with great bodily harm 14 occurring within the Buzz. In my opinion, the arrests for criminal conduct 15 during this period are not a complete representation of the actual crimes committed by Buzz patrons because of the failure of Buzz employees to 16 report crimes occurring within the establishment and the problems attendant 17 to arresting intoxicated patrons after they have left the premises. 18 19 B. The violations of State and local law committed by patrons are 20 frequently the result of the Buzz's business practices or the failure of security 21 personnel to control patrons. The primary reason for the criminal conduct of patrons is the emphasis placed by Buzz on the sale and consumption of 22 ir 23 alcoholic beverages. The Buzz functions exclusively as a night club during 24 late evening and early morning hours with little or no food service available 25 after 10:00 p.m. Buzz patrons are drawn to the club to drink, dance, listen to 26 music and socialize and the consumption of alcohol combined with relatively 27 large crowds inevitably leads to physical altercations, drunkenness, 28 disorderly conduct and drunk driving violations. Physical altercations arel 4 DECLARATION OF SCOTT MCKNIGHT �� 1 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 also caused by Buzz's failure to control patrons near the parking structure that exit from the club at or near closing. (violation of license) C. Almost all patrons inside the Buzz were consuming alcoholic beverages (other than incidental to dining) in areas other than the bar areas as designated on the approved plans and specifications, and the license bars, service bars, or beer tables permitted by the A.B.C. In addition to the two authorized bars on the premises, two portable bars and at least two galvanized tubs have been added to serve twenty ounce (20 oz.) bottles of beer. D. On at least one occasion, I have observed that permittee failed to control the conduct of patrons entering and exiting the Buzz. Lack of control was evidenced by many altercations and disturbances in the parking lot upon closing, and repeated disorderly conduct by Buzz patrons in front of the Buzz on Via Oporto and in the parking structure adjacent to the Buzz in the late evening and early morning hours. 9. A. Based upon my observations, the Buzz is being operated exclusively as a nightclub rather than a restaurant and all the games have been removed. B. There will continue to be excessive criminal activity at that location so long as the Buzz is operated as a nightclub rather than a restaurant as required by the Conditions to Use Permit No. 3626. 10. A true and correct copy of a report.relative to my activities at the Buzz on November 18.1999 is attached to this Declaration as Exhibit "A ". This report was prepared by Detective Bill Hartford and accurately describes events and observations I made to Detective Hartford relative to activity and events occurring inside the Buzz and involving Buzz patrons and Buzz business practices. 11. 1 have discussed my observations and concerns with Rick Calhoun, and Randy Tefteller, Buzz managers, during many of my walk throughs of the Buzz. 5 DECLARATION OF SCOTT MCKNIGHT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Management has been cooperative in a sense, typically corrects the violations at the time requested, but the violations reoccur week after week indicating business practices that lead to fights, public drunkenness, disorderly conduct and disturbances. The Buzz appears to be generating substantial revenue through the sale of alcohol without regard to the continued sale of alcohol to obviously intoxicated patrons or nearly intoxicated patrons. 12. 1 am familiar with, and have conducted numerous walk throughs of, the other restaurants in the area. Restaurants that serve food as the primary purpose of the business generate far fewer problems than the Buzz. Those restaurants that serve alcohol within a bar area of the restaurant control the conduct of patrons, keeps certain areas from becoming overcrowded, and generally intervenes to prevent physical altercations rather than trying to intervene after fights break out. I have observed far fewer intoxicated or nearly intoxicated patrons in other restaurants with bars than intoxicated or nearly intoxicated Buzz patrons. A restaurant that operates a controlled business is very cooperative and implements long -term solutions to problems we ask management to correct. In my opinion, there would be far fewer violations of State and local law by Buzzl patrons if the Buzz management operated the restaurant in compliance with the approved floor plan. 13. Based upon my observations the Buzz is being operated exclusively as a nightclub rather than a restaurant. I have consistently observed the following nightclub operations at the Buzz: (i) Charging a cover fee at the front door. (ii) No food service and tables are not set for dining. (iii) Consumption of alcoholic beverages are allowed at all locations inside and outside on the patio, including the dance floor. (iv) Portable bars set up on each floor to serve beer only and beer tubs are located throughout the premises. (v) Disc jockeys located on each floor. j 6 DECLARATION OF SCOTT MCKNIGHT ��3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (vi) Separate dance floor area with black light/strobe features. (vii) Dancing allowed anywhere. (viii) The attached floor plan accurately depicts the physical lay out and uses of the Buzz as I have observed them. Specifically, since November 18, 1999, 1 have not observed interactive games and simulators anywhere on the premises. I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed this 5 C day of October 2000, at Newport Beach, California. Scott McKnight mVda f \users \cat\sha red\plead ing\bu=\de cse rg ea ntabcsmcknig ht. doc 7 DECLARATION OF SCOTT MCKNIGHT ��7 T uzz Date and Time Uccurrec 11/18/99 . 2330 i INEB' 7RT BEACH POLICE DEPARTMENT EMPLOYEES REPORT 3450 via Oporto 15 0 Capt. Newman, Detective Division Commander 12/1/99 1000 Due to the number of alcohol related arrests made at the Buzz, Investigators Brad Hauk and Chao Tran of Alcohol Beverage Control accompanied by Investigator McKnight entered the Buzz on Thursday, November 18,1999 to conduct an undercover investigation. Investigators, cognizant of the previous 81 alcohol related arrests at this location, entered the business at 2200 hours in an attempt to specifically identify incidents of over consumption of alcohol by restaurant patrons. Prior to entering the establishment, Investigator McKnight reviewed the security and the door host responsibility plans prepared by the Buzz staff. Once inside the business, Inv. McKnight found that many practices employed by the staff were contrary to these policies. The security plan indicated that bartenders and or servers would be responsible for checking patron identification once they enter the building. At no time during Investigator McKnight's investigation inside d. -a see any personnel inside verify identification. The security plan also called for Door Host personnel to check the adjacent parking structure. During my four hour investigation outside the business, I did not observe Buzz personnel check the structure at any time. In the following incident detailed below, Investigator McKnight identified an extremely intoxicated subject (referred hereafter as "Fernandez ") in the bar. This subject was served alcoholic beverages on numerous occasions after he was clearly intoxicated. During McKnight's surveillance of Femandez he noted this subject to display rude and offensive behavior. His behavior, committed in front of door hosts, went unchecked in direct violation of door host policy and procedure. McKnight's attention was initially drawn to Femandez at approximately 2300 hours because of his loud, overbearing, and unruly behavior. McKnight watched him exclusively for ninety minutes and saw him approach females, unknown to him, and rub his body against theirs. This type of up close dancing routine occurred both on and away from designated dance areas. In some instances, females pushed away the subject's unsolicited advances. Moreover, guest hosts were exposed to this behavior and failed to caution the subject even though their policy mandates them to. In their Door Host Policy and F -idure Guide personnel are directed to be "aware of overbearing male patrons ". Furthermore, they are encouraged to "read body language and quell a situation before it occurs". Supervisor Approving . ID No. Reporting Officer(s) 10 NI Date and Time Reproduced and Distributed Clerk W. Hartford #702 .ia1 Glmm � S 7 1P- 3. M1 ' NE.• ORT BEACH POLICE DEPARTMEZ; Continuation Sheet Report Fernandez was observed making three different alcohol purchases in an hour period even though he was already obviously intoxicated. Fernandez was loud, disoriented, and unsteady on his feet. McKnight observed him make a purchase of two, ten ounce vodka drinks at 2330 hours from an upstairs bar. Fernandez consumed both drinks in less than twenty minutes. At 2355 hours, Fernandez stumbled up to a beer bar located near an upstairs dance floor and ordered a twenty ounce Corona beer. McKnight noted that Femandez's speech was slurred to the point of being incoherent as he ordered the beer. In fact, the server asked him to repeat his order two different times. Fernandez also had difficulty paying for the beer. McKnight watched him fumble with his money which was wadded up in a ball in his pocket. Fernandez initially tried to pay for the beer with a dollar bill but was directed by the server to pay additional money. As McKnight watched this purchase, it was clear to him that Fernandez was overly intoxicated. McKnight followed Fernandez to the dance floor where he consumed most of this twenty ounce beer as he was dancing. However, while in front of Buzz door host, Fernandez proceeded to spray surrounding patrons with the balance of beer left in his bottle as a particularly popular song concluded. Again, staff at *zz ignored the obviously unruly behavior. Fernandez made his final alcohol purchase at 0030 hours from a waitress serving the upstairs dance crowd. After he finished his drink, he stumbled over to an upstairs lounge area where he nearly passed out. Prior to leaving the club, McKnight followed him to a hallway outside of the bathroom where he proceeded to get into an argument with another patron. This argument started because Fernandez cut in line in front of the other patron. This other patron, intimidated by Femandez' loud aggressive behavior, simply backed away. After Fernandez left the business, McKnight followed Fernandez and notified me of his observations. I detained Fernandez at the bottom of the parking structure after I leamed that the subject was walking to his car. Officer Anderson arrived and placed Fernandez under arrest for drunk and disorderly conduct. Prior to Fernandez' transportation to NBPD jail, Officer Lektorich responded and obtained a preliminary alcohol screening test from him. The results revealed .Fernandez blood alcohol to be .176, nearly twice the legal limit for driving under the influence cases. teporting Officer(s) ID No. \n W. Hartford #702 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i ROBERT H. BURNHAM, CITY ATTORNEY, #44926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, DEPUTY CITY ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH In Re: Public Hearing on Revocation of Use Permit No. 3626 DECLARATION OF WILLIAM HARTFORD DATE: November 9, 2000 I, WILLIAM HARTFORD, DECLARE as follows: 1. I have personal knowledge of all of the statements contained in this Declaration, except as to those matters alleged to be true on information and belief. If sworn as a witness, I could competently testify to the contents of this Declaration insofar as those facts, acts, events, and occurrences of which I have personal knowledge. 2. As to those matters alleged to be true on information and belief, I believe the matters to be true, and have received informationfrom Newport Beach Police Officers, or in some cases, civilians that support my belief. 3. 1 am currently employed as a Detective with the Police Department of the City of Newport Beach. I have been an employee of the Newport Beach Police Department for approximately 15 years and have spent approximately 2 years in my current assignment. =1 am familiar with the Buzz, which is authorized to operate at 3450 Via Oporto pursuant to Use Permit No. 3626. 1 DECLARATION OF WILLIAM HARTFORD �.J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. One of my duties in my current assignment is to monitor the activities at establishments licensed by the Alcohol Beverage Commission (ABC) within the City of Newport Beach. In that regard, I have been active in monitoring such activities at the Buzz. I have reviewed police reports for activities at the Buzz. I have received training in the recognition of symptoms of alcohol intoxication or alcohol use, and training in the recognition of violations of State and local laws. 5. Since its opening in April of 1999 1 have inspected the club at least seven times. I have personal knowledge of the operational characteristics of the Buzz and the conditions of approval for Use Permit No. 3626 as approved by the Planning Commission and upheld with modifications by the City Council on June 22, 1998. Use Permit 3626 authorizes the Buzz to operate as a restaurant with entertainment consisting of 1952 square feet of area devoted to interactive computer games and arcades, a 459 square foot dance floor and live or recorded music. I observed that since at least November 18, 1999, all the approved interactive and skilled games and simulators have been removed from both the first and second floors and replaced with open area for a bar, chairs and 3 pool tables, or used for dancing. The attached floor plans accurately depict the areas of the Buzz where I observed the games were removed and replaced with chairs and left open for standing bar area, or used for dancing. 6. On each occasion I inspected the Buzz, I observed that the Buzz did not operate as a restaurant emphasizing the sale of food as required by its type 47 license, bona fide public rating place. On numerous occasions food was not being served or consumed in the dining areas and tables within the dining areas did not contain utensils, plates, glasses, condiments or other items typically associated with food service. I have seldom observed anyone consuming food within the dining areas or other areas, and the overwhelming majority of patrons are consuming only alcoholic beverages, dancing or listening to music. /// /// 2 DECLARATION OF WILLIAM HARTFORD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 7. 1 have personal knowledge of the following violations of the conditions for Use Permit No. 3626. A. I have observed and 'have been told by Buzz employees that the ` C -JAA-f Buzz is only open on Thursday, Friday and Saturday nights, closed Monday through Wednesday; the facility does not operate as a restaurant emphasizing the sale of food and does not have any of the authorized interactive games approved by the Use Permit, in that: (i) Food service such as fast food items and appetizers are available during the early evening but I have never observed more than five patrons dining at any time. On most occasions no one is eating and no waitresses or menus are available to serve food. (ii) Food service appears to be a very small part of the business with the primary emphasis on the sale of alcoholic beverages in conjunction with dancing to recorded music played by Disc' Jockeys. Tables within the dining area are typically cocktail size tables devoid of utensils, plates, glasses or condiments normally associated with the sale and service of food. B. Patrons of the permittee consume alcoholic beverages, other than incidental to dining, in all areas of both levels including on the dance floors. C. Soon after the Buzz opened, it discontinued valet parking. I have not observed any valet service since the opening. D. I observed that there were' insufficient personnel to control the conduct of all patrons inside the premises, as evidenced by altercations, overcrowding, blocked stairways, etc. E. On numerous occasions, I observed that permittee failed to provide security personnel for the exterior of the premises sufficient to control the conduct of patrons entering and exiting as evidenced by altercations in the DECLARATION OF WILLIAM HARTFORD '1 parking lot upon closing, loud and unruly crowds in the parking lot upon 1 2 closing, absence of security guards in the parking lot upon closing, etc. 8. 1 have reviewed over 130 reports prepared by Patrol Officers of violations of 3 State and local laws by Buzz patrons that are attributable to Buzz business practices or 4 the failure of Buzz management to control patrons. These reports are very typical of 5 incidents which routinely occur which involve Buzz patrons and Buzz employees. The 6 police reports describe a substantial number of violations of State and local law, rules and 7 regulations by permittee or permittee's patrons due to the business practices of permittee 8 or the failure of permittee to control patrons in that: 9 A. During 1999, there were approximately 56 reports of police related 10 incidents and during 2000, 74 reports that are attributable to the Buzz. 11 During this period approximately 130 arrests have been made for assault, 12 battery, public drunkenness and alcohol related offenses. Three of the 13 arrests involved assault with a deadly weapon and with great bodily harm 14 occurring within the Buzz. In my opinion, the arrests for criminal conduct 15 during this period are not a complete representation of the actual crimes 16 . committed by Buzz patrons because. of the failure of Buzz employees to 17 report crimes occurring within the establishment and the problems attendant 18 to arresting intoxicated patrons after they have left the premises. 19 B. The violations of State and local law committed by patrons are 20 frequently the result of the Buzz's business practices or the failure of security 21 personnel to control patrons. The primary reason for the criminal conduct of 22 patrons is the emphasis placed by` Buzz on the sale and consumption of 23 alcoholic beverages. The Buzz functions exclusively as a night club during 24 late evening and early morning hours with little or no food service available 25 after 10:00 p.m. Buzz patrons are drawn to the club to drink, dance, listen to 26 music and socialize and the consumption of alcohol combined with relatively 27 large crowds inevitably leads to physical altercations, drunkenness, 28 4 DECLARATION OF WILLIAM HARTFORD ^•�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 disorderly conduct and drunk driving violations. Physical altercations are also caused by Buzz's failure to control patrons near the parking structure' that exit from the club at or near closing. C. Over ninety percent (90 %) of the patrons inside the Buzz were consuming alcoholic beverages (other than incidental to dining) in areas other than the bar areas as designated on the approved plans and specifications, and the license bars, service bars, or beer tables permitted by the A.B.C. In addition to the two authorized bars on the premises, two portable bars and at least two galvanized tubs have been added to serve twenty ounce (20 oz.) bottles of beer. D. On numerous occasions, I have observed that permittee failed to control the conduct of patrons entering and exiting the Buzz. Lack of control was evidenced by many altercations and disturbances in the parking lot upon closing, and repeated disorderly conduct by Buzz patrons in front of the Buzz on Via Oporto and in the parking structure adjacent to the Buzz in the late evening and early morning hours. 9. A. Based upon my observations,. the Buzz is being operated exclusively as a nightclub rather than a restaurant and all the games have been removed. B. There will continue to be excessive criminal activity at that location so long as the Buzz is operated as a nightclub rather than a restaurant as required by the Conditions to Use Permit No. 3626. 10. A true and correct copy of a report' relative to my activities at the Buzz on November 18.1999 is attached to this Declaration as Exhibit "A." This report was prepared by me accurately describes events and observations relayed to me by Detective McKnight relative to activity and events occurring inside the Buzz and involving Buzz 'patrons and Buzz business practices. Also attached as Exhibit "B" is a true and correct copy of the police report I prepared relative to an arrest for disorderly 5 DECLARATION OF WILLIAM HARTFORD =! i intoxication. 1 2 11. 1 am familiar with, and have conducted numerous walk throughs of, the other 3 restaurants in the area. Restaurants that serve food as the primary purpose of the business generate far fewer problems than the Buzz. Those restaurants that serve 4 alcohol within a bar area of the restaurant control the conduct of patrons, keeps certain 5 6 areas from becoming overcrowded, and generally intervenes to prevent physical altercations rather than trying to intervene after fights break out. I have observed far fewer 7 intoxicated or nearly intoxicated patrons in other restaurants with bars than intoxicated or 8 nearly intoxicated Buzz patrons. A restaurant that operates a controlled business is very 9 10 cooperative and implements long -term solutions to problems we ask management to correct. In my opinion, there would be far fewer violations of State and local law by Buzz 11 patrons if the Buzz management operated the restaurant in compliance with the approved 12 floor plan. 13 14 12. Based upon my observations the Buzz is being operated exclusively as a 15 nightclub rather than a restaurant. I have consistently observed the following nightclub operations at the Buzz: 16 (i) Charging a cover fee at the front door. 17 (ii) No food service and tables are not set for dining. 18 19 (iii) Consumption of alcoholic beverages are allowed at all 20 locations inside and outside on the patio, including the dance 21 floor. 22 (iv) Portable bars set up on each floor to serve beer only and beer tubs are located throughout the premises. 23 24 (v) Disc jockeys located on each floor. 25 (vi) Separate dance floor area with black Iighttstrobe features. 26 (vii) Dancing allowed anywhere. 27 (viii) The attached floor plan accurately depicts the physical lay out 28 and uses of the Buzz as I have observed them. Specifically, 6 DECLARATION OF WILLIAM HARTFORD ''1 i since November 18, 1999, 1 have not observed interactive 1 2 games and simulators anywhere on the premises. 3 I declare under penalty of perjury, under the laws of the State of California that the 4 foregoing is true and correct. 5 6 Executed this `� day of October 2000, at Newport Beach, California. 7 8 9 William Hartford 10 11 12 13 14 15 16 17 mt1da 18 f:\ users\ cat\ shared\ pleading\ buzz \decaergeantabcwhartford.doc 19 20 21 22 23 24 25 26 27 28 7 DECLARATION OF WILLIAM HARTFORD 3 11/18/99 2330 Capt. Newman, NFV-")RT BEACH POLICE DEPARTMENT EMPLOYEES REPORT 3450 via Oporto Division Commander 12/1199 1000 15 Due to the number of alcohol related arrests made at the Buzz Investigators Brad Hauk and Chao Tran of Alcohol Beverage Control accompanied by Investigator McKnight entered the Buzz on Thursday, November 18,1999 to conduct an undercover investigation. Investigators, cognizant of the previous 81 alcohol related arrests at this location, entered the business at 2200 hours in an attempt to specifically identify incidents of over consumption of alcohol by restaurant patrons. Prior to entering the establishment, Investigator McKnight reviewed the security and the door host responsibility plans prepared by the Buzz staff. Once inside the business, Inv. McKnight found that many practices employed by the staff were contrary to these policies. The security plan indicated that bartenders and or servers would be responsible for checking patron identification once they enter the building. At no time during Investigator McKnight's investigation inside see any personnel inside verify identification. The security plan also called for Door Host personnel to check the adjacent parking structure. During my four hour investigation outside the business, I did not observe Buzz personnel check the structure at any, time. , In the following incident detailed below, Investigator McKnight identified an extremely intoxicated subject (referred hereafter as "Fernandez") in the bar. This subject was served alcoholic beverages on numerous occasions after he was dearly intoxicated. During McKnight's surveillance of Fernandez he noted this subject to display rude and offensive behavior. His behavior, committed in front of door hosts, went unchecked in direct violation of door host policy and procedure. ` McKnight's attention was initially drawn to Fernandez at approximately 2300 hours because of his loud, overbearing, and unruly behavior. McKnight watched him exclusively for ninety minutes and saw him approach females, unknown to him, and rub his body against theirs. This type of up close dancing routine occurred both on and away from designated dance areas. In some instances, females pushed away the subject's unsolicited advances. Moreover, guest hosts were exposed to this behavior and failed to caution the subject even though their policy mandates them to. In their Door Host Policy and F,M:-dure Guide personnel are directed to be "aware of overbearing male patrons ". are encouraqed to "read bodv lanouaae and cuell a situation before it W. Hartford #702 .A— NE ORT BEACH POLICE DEPARTMEN Continuation Sheet 2 1 Employees Report Fernandez was observed making three different alcohol purchases in an hour period even though he was already obviously intoxicated. Fernandez was loud, disoriented, and unsteady on his feet. McKnight observed him make a purchase of two, ten ounce vodka drinks at 2330 hours from an upstairs bar. Fernandez consumed both drinks in less than twenty minutes. At 2355 hours, Fernandez stumbled up to a beer bar located near an upstairs dance floor and ordered a twenty ounce Corona beer. McKnight noted that Femandez's speech was slurred to the point of being incoherent as he ordered the beer. In fact, the server asked him to repeat his order two different times. Fernandez also had difficulty paying fcr the beer. McKnight watched him fumble with his money which was wadded up in a ball in his pocket. Fernandez initially tried to pay for the beer with a dollar bill but was directed by the server to pay additional money. As McKnight watched this purchase, it was clear to him that Fernandez was overly intoxicated. McKnight followed Fernandez to the dance floor where he consumed most of this twenty ounce beer as he was dancing. However, while in front of Buzz door host, Fernandez proceeded to spray surrounding patrons with the balance of beer left in his bottle as a particularly popular song concluded. Again, staff at the Buzz ignored the obviously unruly behavior. Fernandez made his final alcohol purchase at 0030 hours from a wakress serving the upstairs dance crowd. After he finished his drink, he stumbled over to an upstairs lounge area where he nearly passed out Prior to leaving the club, McKnight followed him to a hallway outside of the bathroom where he proceeded to get into an argument with another patron. This argument started because Fernandez cut in line in front of the other patron. This other patron, intimidated by Femandez' loud aggressive behavicr, simply backed away. After Fernandez left the business, McKnight followed Fernandez and notified me of his observations. I »° detained Fernandez at the bottom of the parking structure after I teamed that the subject was walking to his car. Officer Anderson arrived and placed Fernandez under arrest for drunk and disorderly conduct. tPrior to Femandez' transportation to NBPD jail, Officer Lektcdch responded and obtained a preliminary alcohol screening test from him. The results revealed -Fernandez blood alcohol to be .176, nearly twice the legal limit for driving under the influence cases: '1 W. Hartford #702 E 7� N,F,WPORT BEACH POLICE DEPARTrIPT ARREST REPORT Location of Arrest RD D`a'tr�meQArrested ORR/ /NNumber / cting Reports by Type and DR Number Videotape of Arrest Videotape # C] Yes 8 No Arrestee's Name -#1 Last First Middle OC# Charge (Section, Code & Defin lion) 6�'l% �� LTG t�:':sbr?./�1= m'�C.. / OnJ/�C/C�%�— �//r'tv C •_7„l�p+( Arres e's Name 42 Last First Middle OC# NFu- �0 C_+2° U �j0$IS Charge (Section, Code 8 efinition) Arrestee's Name -#3 Last First Middle OC# ETENTiON G' Charge (Section, Code & Definition) DEEMED NOT PER 649 6( %i) / w Witness #1 Age Res. Phone Bus. Phone 01 'i, C_rz(z/::—i• r �� &m)64- "f /- i:r 1 Address City State Zip "V12 (r'� I Witness #2 I Age Res. Phone Bus. Phone dress City State Zip Witness #3 Age Res. Phone Bus_ Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address ity State Zip Describe Circumstances Leading to Arrest Induce Elements of Offenses: Note Nature of Evidence and Location Deposited: to �-v - ,� _., r _ - 2 _ rX__�?.��C•�_ =!'��_ t3_U�.�- .._.iZ! z S �%�? C/�_/L�l '__ _ __L! NI _?�r_� _ Cpl. - _ _rz ..- -- . - Involved? 0 Yes p No Location: Supervisor Approvinm • IO Ne.� Arresting Officer ID No. Vacation Period plV,tnl =151�L J Da7ime.Reproduc Carrk H /se- / d / zl +/ _... _. _. : ; 18 . 1299) �6 ✓ 1YkWPORT BEACH POLICE!DEPARTMX:LT Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. 1 DR Number 1 4-- - b6LlS6 C /a tt - 3'e-J7171 i4 7'2 Fr" lJ7 l (74 1 z � F�C..Anl rI=' AN/:) Cori 'O S',AG rY� �rz to --T µ r i r L.-- '7 -t2 J 70 717�tF i[ i gz j r4N tO IF' c 71 1 C /? LL,-7 r4�/0 N L/J, rho ;-1-r Sr�� ;F.�C?'�' NA/J 777-1)' cei -~ , C^"i /3LU/7/� X41 -JD^" IQN4) L✓�- "Fr"/Li; 7 /�/�L2 SI�T�GI-1 l ✓rnS TI) 2 Gh- Aly(J SL ✓/'Fd rZ.; i✓I-2 C✓ZLL7 M g ry0(Z- n//r'Z - 7r2nLj0 Ce564LO Cr e- �T'�'''la�JGz''', rJurz 7� �! /-f!a "'/L �L� /�J•rr"L_ ?.� /3/rL)A %2/ -)C —/7 �N' �7�( 'u.' "C. .d ''�C7r %, �OJI -! L✓zL.LzM1S rsnl 0 n/ , i C..✓ /Got- /J ,a (f /\)o LJL�'O �_� ✓� `='� y l� q /� 13 r'A-" J rr7. 7r• -1- "- a (r - 'Yc /3 TN r' ra u -7-? I.i�l!i "'�� /1141 � ��2 (�-- i"'t-r:�.�.:, � ��(✓� C..J Z !.. G :.'? F1 r`� t C r✓7c,� t �.7 N , � Gr><l r1 � r: r ?,-� .....� 1 r.- ..�,Z�. rJ r112., e S i,-; r7 L..J .:._L 1 °'.ar'>✓! � An//' /✓�L�J �CGC_ � r"(�/� /�.7 Y? L.`/ r ^r /4) U i` 4 �,' L_(...�1 N1. i /Jn 'r'J r ^,i . �';_.,J r� C(_i� !.., � rY�„.rZ'. % " %iJ/'✓ 1'�.`= `r.:°��/.� '7a N/3 �� .v�0 /''�C7C:%ytrr� dr✓ --'i•r r i Lam' �' _'/s -/� v Supervisor Ap oYing ID No. Reporting Officer(s) ID No. 3Yj' 1-t levz r0 E. "IIIBIT - E 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT H. BURNHAM, CITY ATTORNEY, #44926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, DEPUTY CITY ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH In Re: Public Hearing on Revocation of I DECLARATION OF RICHARD LONG Use Permit No. 3626 DATE: November 9, 2000 I, RICHARD LONG, DECLARE as follows: 1. I have personal knowledge of all of the statements contained in this Declaration, except as to those matters alleged to be true on information and belief. If sworn as a witness, I could competently testify to the contents of this Declaration insofar as those facts, acts, events, and occurrences of which I have personal knowledge. 2. As to those matters alleged to be true on information and belief, I believe the matters to be true and have received information from Newport Beach Police Sergeants and Officers, or in some cases, civilians which support my belief. 3. 1 am currently employed as a Lieutenant with the Police Department of the City of Newport Beach. I have been an employee of the Newport Beach Police Department for 24 years and have spent approximately 3 in my current assignment Area 1 Commander, night watch, or Patrol Division. I have received training in the recognition of symptoms of alcohol intoxication or alcohol use, training in the recognition of violations of State and local law and training in the investigation of violations of State and local law. I am familiar with the Buzz which is located at 3450 Via Oporto and is authorized to operate 1 DECLARATION OF RICHARD LONG aka 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pursuant to Use Permit 3626. 4. During the last 2 years, for the most part, I have been working a shift that begins at 1530, and ends at 0630 and I am regularly assigned to work Thursday, Friday and Saturday nights because those are the busiest nights of the week. Since the beginning of my current assignment a large percentage of my time has been spent overseeing patrol efforts in the vicinity of the Buzz, because since the Buzz opened for business there has been a dramatic increase in the amount of criminal activity in the Lido Village area. 5. As Area 1 Commander, I have routinely determined to dedicate field patrol resources to the area in around and including the Buzz because of the increased problems of violent crimes, disturbance of the peace, fights and public intoxication. 6. As the Area 1 Commander, I have walked through the Buzz approximately 10 times. The majority of my walk throughs of the business have occurred between 2300 and 0200 hours. 7. 1 have never seen anyone eating, dining or serving food. On all occasions observed that Buzz was operating exclusively as a night club/bar. Over 90% of the patrons inside the Buzz were consuming alcoholic beverages in areas other than the bar areas as designated on the approved plans and specifications, and the license bars, service bars, or beer tables permitted by the A.B.C. Field personnel have reported the Buzz to be open only on Thursday, Friday and Saturday nights. 8. On each occasion, I participated in patrol of the Buzz, I have observed that there were insufficient personnel inside the Buzz to control the conduct of all patrons inside the premises, as evidenced by fights, altercations, overcrowding, blocked stairways and aisles. 9. On numerous occasions, I have observed that permittee failed to control the conduct of patrons entering and exiting the Buzz. Lack of control was evidenced by many altercations and disturbances in the parking lot upon closing, and repeated disorderly, conduct by Buzz patrons in front of the Buzz on Via Oporto and in the parking 2 DECLARATION OF RICHARD LONG 3 S3 r] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 adjacent to the Buzz in the late evening and early morning hours. 10. As Area 1 Commander, I am responsible for reviewing all reports prepared by officers and sergeants under my watch. I have reviewed reports that describe, and witnessed numerous violations of State and local laws committed by patrons from the Buzz which, in my opinion, were attributable to the business practices of permittee or the failure of the permittee to control its patrons in that: A. When contact is made with an individual that appears intoxicated, officers regularly inquire where the person was last drinking. Many alcohol related citations have been issued to individuals who have advised patrol officers they were drinking inside the Buzz. Individuals who have become intoxicated or nearly intoxicated due to excessive alcohol consumption in the Buzz have been observed urinating in public areas, and to leave the Buzz bar to go to their car's to ingest illegal drugs. Officers have made numerous drug related arrests of Buzz patrons in the parking garage. B. Patrol officers have responded to numerous complaints of Buzz patrons fighting inside and outside of the club. On numerous occasions, Buzz bouncers have ejected drunk and disorderly patrons and individuals involved in mutual conflict inside the club. Once these patrons are ejected Police Department personnel are typically required to arrest, detain or cite the individuals and frequently we are required to prevent a recurrence of fighting. Individuals engaged in mutual combat are violating Section 240 and 242 of the Penal Code, Section 415 of the Penal Code, and provisions of the Newport Beach Municipal Code. The fights that have occurred inside the club are, to a considerable extent, caused by excessive alcohol consumption, the lack of internal security which leads to overcrowding, pushing and shoving, and the lack of sufficient internal security to intervene in verbal disputes before there is physical conflict. C. I am also familiar with, and have conducted numerous walk 3 DECLARATION OF RICHARD LONG 38 `( 1 throughs of, the other restaurants in the area. Restaurants that serve food 2 as the primary purpose of the business and generate far fewer problems 3 than the Buzz. Those restaurants that serve alcohol within a bar area of 4 the restaurant control the conduct of patrons, keep certain areas from 5 becoming overcrowded and not enforcing the occupancy limits, and 6 generally intervenes to prevent physical altercations rather than trying to 7 intervene after fights break out. I have observed far fewer intoxicated or 8 nearly intoxicated patrons in other restaurants with bars than intoxicated or 9 nearly intoxicated Buzz patrons. A restaurant that operates a controlled 10 business is very cooperative and implements long -term solutions to 11 problems we ask management to correct. In my opinion, there would be far 12 fewer violations of State and local law by Buzz patrons if the Buzz 13 management operated the restaurant in compliance with the approved 14 floor plan. 15 11. In the past 12 months I have reviewed over a hundred reports prepared bA 16 officers under my command, which report violations of State and local laws by Buzz 17 patrons that are attributable to Buzz business practices or the failure of Buzz management 18 to control patrons. Copies of some but riot all of the reports that I have reviewed, are 19 attached to this declaration as Exhibits A through Z and 1 through 5. These reports are 20 true and correct copies of reports prepared by police officers and maintained by the police 21 department. 22 12. 1 am informed and believe that Buzz is not operating pursuant to 23 authorization and approval of Use Permit No. 3626: 24 A. Based upon my personal observations and my review of reports of 25 patrol officers, the Buzz is being operated exclusively as a nightclub rather 26 than a restaurant. I have observed the following nightclub operations at the 27 Buzz: 28 (i) Charging a cover fee at the front door. 4 DECLARATION OF RICHARD LONG Jei 0 I] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (ii) No food service and tables are not set for dining. (iii) Consumption of alcoholic beverages are allowed at all locations inside, including the dance floor. (iv) Portable bars set up on each floor to serve beer only and beer tubs are located throughout the premises. (v) Disc jockeys located on each floor. (vi) Separate dance floor area with black lighttstrobe features. (vii) Dancing allowed anywhere. (viii) The attached floor plan accurately depicts the physical lay out and uses of the Buzz as I have observed them. Specifically, since I have not observed interactive games and simulators anywhere on the premises. B. There will continue to be excessive criminal activity at that location so long as the Buzz is operated as a nightclub rather than a restaurant as required by Use Permit No. 3626. 1 declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed this day of Geteber2000, at Newport Beach, California. RICHARD LONG f:W Sers\catl shared\pleadingtuu\deco fficeniong.doc mVda 5 DECLARATION OF RICHARD LONG �y� *TFWPORT BEACH POLICE DEPARTV NT ARREST REPORT Location of Arrest RD Date rime Arrested DR Number t-`VIA OPO2� 0 GE L /.F ?Zl/ -DIJ O //S 0O - /G /. :necbng Reports by Type and DR Number Videotape of Arrest Videotape # /(/0A/E Ayes ❑No /00t7 Arrestee's Name -#1 Last First Middle OC# G'/LEws�i2 ESL /E .T� cE �.j %3 Charge (Section, Code & Definition) DI-- I LNTION ONLY &;q7 (P ) e. c. D z:Z0A 41C7- 7 -/n Lc -PvBUc DEEMEDNOTARRE5TED Arrestee's Name 42 Last First Middle QLEV /NS � y jHA .A14ELI)AII Charge (Section, Code & Definition) 65/7 A -. rp/5Ai24 CvA)Zwer ��✓TDx /�e - .�'�,�t /t DETENTION ONLY Arrestee's Name 43 Last First Middle PER Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone - VOU61•9S S77ZA7'1-D,J Address City State Zip ,v. s . q, 934So Witness #2 Age Res. Phone Bus. Phone `ddress City State Zip itness #3 Age Res. Phone ,/y Bus. Phone Z yD /A o.v7/ V61ZO S 5el I - 176-s ddress City State Zip [Arrested q 74ev L�lf"6X /�/ y B.' c�.A . 9, 6 else By (Private Person) Age Res. Phone Bus. Phone ddress City State Zip Describe Circumstances Leading to Arrest: intlude Elements of Offenses: Note Nature of Evidence and Location Deposited: Oti 77,/E r16dUE j>R f T /�lE/ cJAS D2ili��uG? ��6._a•/ !! A Ur_�_2T�1 �i /�ca/ _' AM :FLAG &Eb 04 /.A ev 4u,, 7' 5/7Z.477Dn1 -_ SFelwz y -T 7i/6_ T -- ���N �S d'7�%v1/ /.✓G GU //7� tcl /T. 0.�7/ 7/EYLc;S � iirsp _ D/I �YEYl _�_ -�,!F �•fi io -- �1/ 4L, -- /� /CKE7 --- �.< /7 -- {! nili p vT /!/F%IO j 9il %D �? /E r7FXTs /_jj .Vn7 U,4 Uf /�EJlie!!JfioH 7D -u5_ /n/G 7b_ _ ET_ obi /_?_.S _ /_ "IIiC/tL?9 i "� .. %_ c E; = - AIV Involved? XYes p No Location: Supervisor Approving ID No. Arresting Officer ID No. Vacation Period ateMme Reprofl6ced Clerk N Fmn 54 . 12%) I 1 NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report AINZ I Arrest Report No. JDR Number 3 00 -1062.2 Y/di }� JE 'iS SC-6 A V -M S7 �C �" j) T Ct/JT ✓`7nri17� / �S ��L�C/ ^f iL /C z�,e /t7VSLr/ G'vxGCD NOT OF M NIS& �j PP9 ID No. Reporting Officer(s) ID No. -5Sr c, FOX 57/ oim n. is (aev. �o-es� /iG K T 'WPnRT RFef H Pni.TCE' DEPARTM —T ❑ TELEPHONIC ❑ BRIEFING Preliminary Investigation of: DR No. ❑CPI SVNI ❑GSU �fti fE2 I oo � /oro3 Location of Occurrence RD Date & Time Reported to PD Connected Reports -Type & DR xj:rA 0P092T0 l G eAt- nv LS q-1 -23 -00 /T'CO 011E Occurred On Moldy Day Time Moldy/yr Day lime StoleMost Recovered Est.Dam.ArsortNdlsm Or Between: °/� 00 �� 5 & $ $ $ Last Name (Firm name if business) First Name Middle Dob Age Sex Desc Hgt Wgt Hair Eyes t �a )z -w- rr Iv - ! PRa L Residence Address City State Zip Res. Phone y. 3900 v ue or- EH& ARTS 0_5'Tocftcs CA 921,7- 6 C l4 24l- 033 Business Address City State Zip Bus. Phone 'C WVK VMOE/t . JD STA -sA �iZG2� Occupation Victim's Condition Veh. Lic. No. State Year Make rMVictim's odel Color(s) .. Notifications- Persons & Division V ctim Advised of Confidentiality Provisions Per 293 PC? 0Yes 0 No Victim Desires Confidentiality? O Yes *No Domestic Violence Related? O Yes O No Gang Related? O Yes O No Hate Crime? O Yes O No Alcohol Related? - Weapon Involved? O Yes O No Weapon Involved? O Yes ONO Weapon Involved? O Yes *No O Yes *No -' Name If Known- Booking No. & Charge If Arrested (IistgdditionW suspects In Narnuive) Dob Age Sex Desc Hgt. WgL Hair'Eyes Address City State Zip Res.Phone Bus.Phone Personal Oddities (Un ual Features, Scars, Tattoos, Etc) Type of Weapon (Thmats,Force,5imuhd Gun. Etc) It Knife or Gun. Describe: iE. Clothing - Additional Des ' tors Additional Suspects? I Ye (List on Page 2) • No :.T- Veh. Lia No. State Year Make Model Type' Color(s) - /V Inside Color(s) Modifications Damage Additional Desc. InvaNeEPenonCCa :V-VG R-R P. W -WM s -0i Penh P -0P m Code Name Residence Address City State Zip I GARCON 1TGJE V.1 VvIL Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone r /-i/`4E2rcA l A - 4sS- Y8z -9u�6 (�li 3TS1- -astzb Code Name Residence Address City State Zip Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone M.O. - SPECIFIC OR UNUSUAL ACTIONS TNAT MAY TENDToIOENTIFY THIS SUSP .(UeemrseFitlelaraddliwol,urri j Burg: ❑Force ❑No Force ..._ ... .... _ TY /G v:z r 'S G /-1'GK A,/)7- 0 "GC J A-tvm X j M LINO fGG- Ala && C.4 U.t2N4 LAM 7a_r/i Sup ' or ov' g /r �ID No. Investigating Officer(s) ID No. Signature of Reporting Person �l00� L) D 8 I re 1 G2 A. J NBPO Farm 3.1 (Rev. 5 91) •� •� F. X H T R 11 11 H 0 P VPORT BEACH POLICE DEPARTM `'T Page No. 3 Type of Investigation �AT'�EtQ DR No. 3( t ariadionat suspects. victims. involved persons. (2) List stolenirecovered property. (3) Reconstruct the occurrence: Include all elements of the crime. 4) Describe an evidence. including prints. state locations found and whom. Give disposition. Item Quan. Article Brand SModel Serial No. Misc. description (Color. Size, No. Inscriptions. Caliber. Etc.) Dollar Value O�j h -22-00 r1-i— /goo Hourts V'zG7TM )l08EY RCESIOO^v6ED %o %H iv31P 6 FyaOA) tDGSK 7-0 R.600YL7- " O'Q AzoyE rr ✓o T-r-^�fa V2G7TM yoacY r'c, •,-r-jo AA1 W-S7W 14,J 1/A/kA/OWAi B0U /VC610L WPIO WoWXs q i Tp /G t3 V--&27 NLCrl /T G(,U3 1) uvzv --/& %L/E AQGUGh E Ji^ ILoiaEY Pus. -IEn i H ZoV..1CG12 x9,40 t4../ Vivk../Ow.J SVCP rutlpc -b 0,..5 IGaaEY's •BACtC Aa O HZ'M Tvj 7/ Y} cHOfLC L101 -0 GAUSS ✓G HZ/`+ /J P44x- On! 'L /E GROV ✓b. L1zc7:xm )COaF—Y °t- 2.2 -00 Pl�i 4PPRoA, oOYS / -(auRS . f•!E wrh5 HT%E/NIOI SA1G. %� GEr T.J i b i iiE �V �� NT 4iiT c-GN3. KoBEY STi4 +ED aN U/VKVOI,/U 8ow,cE.c WAS rtErvSrA,G iD CEi /a7y ,sso G % </E Cerra . uose K snre� S'H6 730v r---2 C.UU3 w/iS tGOSEil r0$ 11fE rVT r- I- IT 908EY SSif7Et7 L!E 2�EGAJ '/ A2G VE �Niii( i •%fie $o✓wCr�e A Jlz) WAS 7bi-O 7,25 GEAye % �/F .10RO loeej Y. V ST -- H e-a;r '- rAla Apejor . o/= r;,-/E ce-c 3 g� e-ILEA iD fr<C V,7M ovaowZ70 Aj L) GE,.,Ta.gL ,4 VG wr1E,e.6 %f/2EE l�lov.lGGvt3 Li A/) FattawE9 fjE/`t. lro�3E7 SASU HE t ecxlt t Tat 09 126 u�S w2`H 7-He SAr*E 80wCLri C KadGT Cw ,) .'a7- [.L wH4T 7HE Sow./c.-L "ol[CV &rye) ��+ it /C /'eSJt�GE o /=• TL /E S %iLEEI. ��EY 6 ?�Eti f�rE4 wE2G- �A! EIdC/�/ OTV/E25 P-aGC- x:..O o% Sor+E Por-...T i3UHPEO EAC-°/ oii /E r2, KoBEY Sr-fV45D </C- Pu S1 /ED THE AovA/CG ✓L tg wA-Y r 20 M NZM+ W�[LCx AT- THA 7- A-J u vY. Uw SUSPCCf J UMPE13 O .t LAS F?RG lL A 1� �EGAJ ci /OlG? �G f� /2 /y , L�oBC Y SRZ') GPoV^-A-'� A,JJ THG- SySPEoi GGi Go O/= ii1J'r. koaeY s:/•��I� cos /��, T7•/E s�s,o��, G6,' G0 or �,9,ti <,� G.oi V A'O I�EC.AA/ WFlLfG1 ^✓G +70 1 GE �i,2.R� ,9 ✓G. wAaJS n/EwPa/++ aG ✓O, kG3E Y 5 9Ta L/G LEi"i T< /E A2619 A.�� wHI.rLGil iv /t} Yp.�E -.t' S l�rO.rSE' iLrt�CY STgiE:A HT$ /�/ZTEN1i C/VFn, W/-i5 R�PPa6ACHGD '[3 r'/ ✓'� c�r3 c�n��c�, �< /F cssr il w =;,,,mss koa��c s9sv Ft�s 'Fas N� ovA=•JE� %HE Cu3 L72T VC- 2 'S 3usxNE s5 CAA ICa3 ,e SA171) T'i /E CAP. LD2T /C2 Oz$Ip 1--X-/ C- -V ✓ciJ CST i EC�PHO..,EV= irrE LLSTE,) w1•iA/ES'S hoR Ra��^�Ta� -�.?C� ��2M.953w +Z"ui k'NOw C+-JE ✓- 3d11�✓E2ED iH/ iEGF P/' /oJ Supery Approvi ID No. Reporting Officer(s) ID No. GRA'%rE 1005 rs'Ra.. Io-Mr IV WPORT BEACH POLICE DEPARTM'--T CONTINUATION SHEE i Pag�Jg No. 3l3 Type of Report 3Ai -rE✓L Booking No. DR Number 0, _ IC Y GoF�iPLAS JED or P/}J ! To VlTS .�EGK . f <owEvE�2 7 AIC&E wErze_ ,vo v�sa3scE s��,�s of SNJVi22CS o-+ <-irs ,� uc 2 D2, oZ3 SEev _SMALL Y°IaRi}S.L�..i S__g.J I4013E`C ,S GcFi .S/' /OVCD6✓Ly C,�N j �LL3GW A% t) onJ f -!s^ -S LEr%i kNGG FP v-,--- DXCTIAL tOl -lo?oS ni rL!'S t„J.1uILyE q�D % ✓¢r6il THE PHOTO i71SG, :u vRpD'S PFIOTbG2nP<lEQ Ko3E'f siniG —� /��6 TS yvaBLC io T,L� %�C z2ov�cE2 02 il1E SvsPEcT wytu TbrvPEp o�.+ <�LS B�ctL. ;i Supervisor Approving ID No. — f:�:2AZf.= j /'V' Reporting Officer(s) �, c►za je ID No. svo F.3 N 'PORT BEACH POLICE DEPARTMF ❑ TELEPHONIC ❑ BRIEFING Preliminary Investigation of: DR No. ❑ CPI ❑ VNI 0GSU trr�c_AID",.AAlr LA $C— aF r,0-317— CAMV Location of Occurrence RD Date & Time R €ported to PD Connected Reports -Type & DR VIA oPoXrca /Va S q t3 o�,2t� -►� /I/o,�/E O On Mo /dy/yr Day Time Mo /dy/yr Day, .1 Time Stolen/lost App Recovered Est.Dam. ArsorWdlsm Or Between: �j.(a.ca SLd A/ o1�1f & Q.(o.� S,..) X230 $ 9y, Oo $ a $ Last Name (Firm name if business) First Name Middle Dob Age Sex Desc Hgt Wgt Hair Eyes. L!n/GoL/✓ �Gi4i./ lAitif= sLb? 2 T` L4J SIL /2° Rflrc Residence Address City State Zip Res. Phone y Z3 -3 r �'' i►/Ec.>� f3 F_ Ae- r G4 251 Business Address City State Zip Bus. Phone 94 t t a-Au_ - 7 551 Vtr'3J CA `1"91 Victim's Occupation Victim's Condition Veh. Lim No. State Year Make Model Colors) ` Notifications- Persons & DivisiorT Victim Advised of Confidentiality Provisions Per 293 PC? CrYes *No Victim Desires Confidentiality? O Yes 0 No Domestic Violence Related? O Yes 0 No Gang Related? O Yes 0 No Hate Crime? O Yes 0 No Alcohol Related Weapon Involved? O Yes ® No Weapon Involved? O Yes 0 No Weapon Involved? O Yes 0 No O Yes 0 No a; Name If Known- Booking No. & Charge If Arrested (UstAdditicnal suspects In Narrative) Dob Age Sex Desc HgL Wgt. Hair Eyes a =. �- UA/K vw..� I I < Address City State Zip Res. Phone Bus. Phone Yw: Personal Oddities Features, Scars, Tattoos, Weapon (Unusual Etc) Type of (Thmats,Force.slmultd Gun. Etc) If Knife w Gun, Describe: othing - Additional Descriptors Additional Suspects? O Yes ;. �, (Liston Page 2) O No ; Veh. Lk. No. State Year Make Model Type Color(s) Inside Color(s) . +ik. Mod figtions Damage Add tional Desc. 1mm 1`1. COO.: V -Vi RA Penm W.wM P. P -0a Code Name Residence Address Ci State Zip Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone Code Name. Residence Ad s. City State Zip Dob Age Sex Business Address line] ip Code) Bus. Phone Res. Phone M,O. - SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY THIS SUSP. (U»revese w* ror addil" non'Otie) Burg; []Force ONo Force - - -- 14,�a)z.t- t= .�EaZ� �s,= `•ZR.�:v' l��'r� ' �' -73 tT �.q Q. t� �'�.� S�.arE t�� C�^� -{ ,�r,SE . (; ylei tM l�S��vEfl ED l�itr' /% -{i9►� _ G� (_e$ v_�T QF ASI r�tT- Supervis provin IDC Investigating Officer(s) ID No. Signa=Reporting 1` AA S _71z i 7 to b Ime Reo[2d / /'70(k uS .va ,.,tie.. > „t 1L' Z 94 1 K 1 0 - la NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet 'age No. Type of Repoli w. Booking No. DR Number Lo SS i 11 l� ITC<+RD LaL'Z -L-5 rA¢trd .AGcoun-?t- +� ? "3 bi'' (,titi4C.yL^� -�^� R1fLV` 1'1 c�a `2 1'.n! VtCr'S ea 7�>stts -L. F- 177A-4c =P tei_'P�r i - l !�f��" +r. -'t.� Lr r'✓C c. L •'1%� (�/a10 �'¢(iGnS r1� ��?" � s� s�.�s: G.a f- �,Jrj. zwgx, yic -nei, 1 z�,4 S .4 - ` i ems} g `(-;�i a-: (35",:-2 4.91,4 �.v 9.10 . =X=� 4 > 0!tte,, i=:, t -4's,- -r-A? m:' tncr-1.w T-C� Cc.QJ Cam, F tZ 120 7-V15 t4C*n R-1 F,z_ T'.- -CF 11Pf- y Tt� lirc r�.c -r 7- Pr,z t -44 3' itGnn� .�,>��O stloT 4f7 tit"lr^"c Y= �C,� TL. n, I Z.7. 02 9ivII c�Z3y l- focaJLST li7Cf �ti1 (Nt�1L'ri^D 7P'r°� +� f ,Fir or- Loc / ff a.vs . CmP--v (!::�F":' -774 ' S4 (-F 1 Ee �, e' �" '!-ira r- Z✓.a ; c! U �F to .,�- T' ''� := 'T 37- �z`�.." Tttf= l�l er r �-1 � N�� �n -�L..� t.,� i-� r- �vu..t.� r� -,2 r,.� s c�,� -rl•+r- �'�-� t �-- 'ra�f? f��t7 S'>raT'G�? 5��� L.Jc�.<.P tc�w ca...� �. t4 • o� J� O i T/41 tiCD Zcam _.J ' "�1�• ^ice. t.f� ✓!+`j..0 °�e.,.''.A t3 Pt .. ,�..s� Lk% writ'�h.% r�'�7 �l""{:. i""r' .l !°7. )r :pervisor Approving ID No. .4,�e74/ I Reporting Officer(s) ID No. k : 73. ?�5 '0 Form 3.15 tRw. tP %) NFWPORT BEACH POLICE DEPARTME *'T ARREST REPORT Location of Arrest 0 Via Oporto RD 15 DateTme Arrested 9/3/2000 0005 DR Number 00 -9879 ecting Reports by Type and DR Number None Videotape of Arrest ® Yes ❑ No Videotape # 8129 Arrestee's Name 41 Last First Webb, Micheline Merle Middle OC# *r A R Charge (Section, Code & Definition) 647(f) CPC - (Public Intox/Disord Conduct) T EArrestee's S Name 42 Last First Middle OC# T E Charge (Section, Code & Definition) E S Arrestee's Name 43 Last First Middle OC# Charge (Section, Code 8 Definition) Witness #1 Douglas Allan Stratton Age 23 Res. Phone 949 - 3884176 Bus. Phone 949 - 673 -4700 W Address 3450 Via Oporto Witness #2 City Newport Beach Age Res. Phone State I Zip CA 92663 Bus. Phone E 0. !dress City State Zip S S Witness #3 Age I Res. Phone . Bus. Phone E S Address City State I Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest Include Elements of Offenses: Note Nature of Evidence and location Deposited: On the listed date /tin I was assigned to uniform natral in a marker! police Canine unit Whilp in the area of a fora) night rluh The R i�zz (1450 Via Oporto) I w ac rantact d by a sPriirit t staff member (witness Stratton) of The Bu» reference a drunk female (later identified ac daft hr hh) they ki ked out of the club- The female w ^, sitting on the sidewalk next to The Ru» Stratton advised me that daft Arehh w ac inside The Rurr and arrnrdinnq toto santrity she was extremely dnnk Serurity described the deft',.; hah vior s hell(gerent nd uncooperative. Security cnntacted the deft innklp The R vz and said hp nppdpd to I ^ e her ^use of her Mtoxi at rf rnrid4finn Apparently the deft told --;Prnjrijy to "fork nff" and Was uncrinpprative At one point the deft fall through a set of swinaingdoors that lead to the kitchen cur n Ser trit4 subseauentiv ki ked the deft out of The Bun Thpy tried to o t her in a taxi rah but she refused and heann walking down the street_ Security Contacted me At this noint. Involved? ® Yes ❑ No Lo 'on: 3450 Via Oporto (The Buzz) Supervisor Approving ID N AL Arresting Officer Petsche ID No. 1004 Vacation Period None ' l 1 DateTipie produced Clerk NFWPORT BEACH POLICE DEPARTMF -T Continuation Sheet le No. Type of Report 2 1 Arrest Report No. OR Number 00 -9879 <�ontinued- Upon contacting deft. Webb I immediately detected a strong odor of an alcoholic beverage coming from her person. Webb was sitting on the sidewalk crying and trying to dial her cellular phone. When I asked her if she was ok she told me to get the hell away from her. At this time Webb was looking down at her cellular phone and did not notice that I was a police officer. When I identified myself to her I went on to explain my reasons for contacting her. Webb looked up at me and became verbally belligerent, with her speech being very slurred. I also noticed that Webb's eyes were very bloodshot/watery. Webb was very agitated and was saying she was trying to get a hold of her friends that were inside The Bua I told her that I could have security try and find her friends so that she could go home because it was apparent that she was too drunk to be out in public. Webb agreed that she was very drunk but said that I should just leave her alone. I explained to Webb that I could not just leave her on the sidewalk in her condition. At this point Webb stood up and began to walk away, saying that she was going home. Concerned for her safety and the fact that Webb may attempt to drive a motor vehicle in her condition, I grabbed her left wrist with my left hand and stopped her from walking away. Webb became very angry and told me to get my hands off of her. While yelling at me, Webb physically tried to escape my hold of her wrist by twisting her body around and swinging her arms. At this point it was my opinion that Webb was too drunk to care for her own safety or that of others. With the intentions of placing Webb under arrest for 647(f) CPC (Public Intox/Disord Conduct), I immediately attempted to place handcuffs on her but she continued to resist by flailing around. Witness Stratton was with me and helped me get W b handcuffed without further incident. Webb was subsequently arrested for 647(f) CPC (Public Intox/Disord Conduct) and transported to NBPD jail for booking. Supervisor Approving ID No. Repo g O ce s) ID No. P dI sche 1004 N8PD Fa 3d5(Rev.}98I NEWPORT BEACH POLICE DEPARTMENT ❑ TELEPAONIC ❑ BRUTMG Preliminary Investigation of: DR No. PI 0mI A�W WITH GREAT BODILY INJUN e s 00 -9301 O . Location of Occurrence RD Date & Time Reported to PD Connected Reports -Type & DR 3 0 VIA OPORTO 16 8 -20 -00 0006 I ARREST On Mo/dy /yr Day Time Mo /dy/yr Day Time StoleMost Recovered EstDam. ArsonNdlsm twee": 8 -19 -00 Sat 2350 & $ NA $ NA $ NA Last Name (Firm name if business) First Name Middle Dob Age Sex Desc Hgt Wgt Flair 'Eyes MIRANDA MICHAEL A 4124/74 26 M C 6 -3 240 Bro I Blu Residence Address City State Zip Res. Phone 5682 CYNTHIA CYPRESS CA 90630 714 - 995 -5710 Business Address City State Zip Bus. Phone LINK 909 -468 -2229 Victim's Occupation Victim's Condition Veh. Lic. No. State Year Make Model Color(s) DRIVER UPSET NA Notifications-Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? O Yes O No NONE Victim Desires Confidentiality? O Yes O No Domestic Violence Related? O Yes O No Gang Related? O Yes O No Hate Crime? O Yes O No Alcohol Related? Weapon Involved? O Yes O No Weapon Involved? O Yes O No Weapon Involved? O Yes O No O Yes O No Name If Known- Booking No. & Charge If Arrested (Ust Addiaonai suspects in Namauve) Dob Age Sex Desc Hgt Wgt Hair iEyes CARMEN WILLIAM IACULLO 12 -20 -1977 22 M C 6 -1 175 Bro Bro Address City State Zip Res. Phone Bus. Phone COSTA MESA CA 949 - 546 -0674 Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type Of Weapon (Threats.Fo=.Simultd Gun. Etc) H Knife or Gun. Des=be: GOATEE, SHAVED HEAD BEER BOTTLE lothing - Additional Descriptors Additional Suspects? O Yes HT TANK TOP AND JEANS (Liston Page 2) O No Veh. Uc. No. State Year Make Model Type Color(s) NA Inside Color(s) Modifications Damage - Additional Desc. ImialrMPasonOCo ":V -VK RR Pesos W -W 00Sewertq.1? rs P. aWt Code Name Residence Address City State Zip W Omar Muhammad 20300 HAINES ST PERRIS CA I 92570 Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone 1 -19 -1937 62 M 909 -657 -7763 Code Name Residence Address City State I Zip W Stephen Mckee 50 TAROCCO #409 IRVINE CA 92618 Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone 3 -20 -1977 22 M I 949 - 725 -9125 949 -387 -6308 M.O.- SPECIFIC OR UNUSUALACnONS THAT MAY TEND TO IDENnFY THIS SUSP.Nse tevvse si0e loraeti4aultm2tlw.) Burg: ❑ Force ❑ NO Force SUSP AND VICT HAVE VERBAL ALTERCATION WITH RACIAL SLURS. SUSP HITS VICT IN HEAD WITH BEER BOTTLE. SUSPS SUFFERS LACERATION TO BACK OF HEAD. • Sup rLA proving ID No. Investigating Officer(s) ID No. Signature of Reporting Person GARRITY 919 qq .1 t e educed a NBPOFa 1YI(PR 199) H I F-0 T K Y P R. N °WPORT BEACH POLICE DEPARTMF "T NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest RD DateTme Arrested DR Number 3 0 VIA OPORTO 16 8 -20 -2000 0006 00 -9301 ng Reports by Type and DR Number Videotape of Arrest Videotape # C IME [:]Yes ®No "" Arrestee'sName -#1 Last First Middle OC# F.. iw- 'fi IACULLO , CARMEN WILLIAM f 0I SSdJ •' Charge (Section, Code & Definition) JR` 245(A)(1)PC ADW WITH GBI <R' .E; Arrestee's Name 42 Last First Middle OC# F. Charge (Section, Code & Definition) :E= E:. Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone OMAR MUHAMMAD 62 909 - 657 -7763 - Address ' City --[ State Zip 20300 HAINES ST PERRIS CA 92570 W Witness #2 Age Res. Phone Bus. Phone •(' STEPHEN MC KEE 22 949 - 387 -6308 Ti ress City State Zip E. 0 TAROCCO #409 IRVINE CA 92618 ` S: Witness #3 Age Res. Phone. Bus. Phone y� EDWARD OJEDA 25 714 - 935 -6192 E Address City State Zip $ 1442 E NORMAN AVE ANAHEIM CA 92804 =. Arrested By (Private Person) Age Res. Phone Bus. Phone ANTHONY CIANI 26 714- 826 -7643 ! -` Address City State Zip ` 6231 ROSEMARY CYPRESS CA 90630 ! Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: WIT 5 JASON GRFFNI FAF 5 -5_78 14416 SAND FSTFRAN I A MIRADA CA 70648 714-591-4990 1 WAS DISPATCHED TO THE Rl 177'NnHiri I ig FOR A St IR I WITH A HF9I' INJURY UPON ARRI \ /AI RI J77 SECURITY ADVISED ME THEY HAD A VICT ON THE REAR PATIO B WC TRFATEn FOR A I ACFRATION TO THE HFAn FROM A REFR ROTTI E THE Sl1SP NrAS nETAINFn RY SFC IRITY INSIDF THE CI l IR ON TH SECOND FI OOR I RFSPONDFn TO THE VICTIMS AREA NRFD NrAS ADMINIST RING FIRST AID TO THE VICT THE VI T NrAS TRANSPORTFn TO HOAr THE VICT WAS TR AT n RY nR MFI VII I F FOR A SCAT P I ACFRATION (SIX STIT H S) AIM Involved? ® Yes ONO Location: BUZZ SulWisor Approving ID No. Arresting Officer ID No. Vacation Period Datef ime eproduced Clerk (j cam_ ARRITY 919 1 i NFWPORT BEACH POLICE DEPARTMENT Continuation Sheet le No. Type of Report Booking No. DR Numb 2 1 Arrest Report 1 00 -9301 L OFC VARELA RESPONDED TO THE SUSPECTS LOCATION. I INTERVIEWED GREENLEAF AND HE RELATED THE FOLLOWING. HE WAS WITH CIANI AND THE VICT ATTHE CLUB. HE JUST WASHED HIS FACE IN THE BATHROOM AND EXITED.. HE OBS THE SUSP WAS BEING HELD BACK FROM ENTERING THE BATHROOM BY HIS FRIENDS. THE SUSP ENTERED THE BATHROOM AND EXITED. THE VICT WALKED OUT OF THE BATHROOM AND DIRECTLY TOWARD THE SUSP. HE WAS GRUNTING AND ANGRY LIKE HE WAS GOING TO HURT THE SUSP. A FIGHT BROKE OUT BETWEEN THE SUSP, VICT AND OTHERS. HE THOUGHT HE SAW AND HEARD THE SOUND OF THE BOTTLE HIT A HEAD AND HE FELT THE SPRAY OF BEER HIT HIM IN THE FACE. I INTERVIEWED CIANI AND HE RELATED THE FOLLOWING. HE WAS IN THE BATHROOM WITH THE VICT. THE SUSP STARTED CALLING THE VICT (HIS FRIEND) "WHITE BOY" FOR NO APPARENT REASON (VICT IS CAUCASIAN AND THE SUSP IS HISPANIC). THE VICT AND SUSP HAD WORDS AND PUSHED EACH OTHER INSIDE THE BATHROOM. THE BATHROOM ATTENDENT ( MUHAMMAD) WAS IN BETWEEN THEM TRYING TO STOP THE FIGHTING. THE ALTERCATION MOVED OUT INTO THE HALLWAY.. THE SUSP SWUNG A ROUNDHOUSE PUNCH WITH THE BOTTLE IN HIS HAND AND STRUCK THE VICT. HE JUMPED IN THE FIGHT TO HELP HIS FRIEND AND SECURITY BROKE UP THE FIGHT. I ADVISED BOTH GREENLEAF AND CIANI TO STAND BY WHILE I CONTACTED THE SUSP. I PROCEEDED TO AN OUTSIDE STAIRCASE AND OBS THE SUSP SEATED AT THE TOP OF THE STAIRS HANDCUFFED WITH OFC VARELA WHILE THERE, SECURITY ADVISED ME THAT MUHAMMAD WAS A WITNESS IN THE RESTROOM. I INTERVIEWED MUHAMMAD AND HE RELATED THE FOLLOWING. HE WAS WORKING IN THE RESTROOM AS AN ATTENDANT. THE SUSP ENTERED THE RESTROOM AND INSTIGATED THE FIGHT BY VERBALLY ATTACKING THE VICT. HE TRIED TO SEPARATE THE TWO AND CALM THE SITUATION. THE TWO MOVED OUT INTO THE HALLWAY AND A PHYSICAL ALTERCATION STARTED. HE TRIED TO HOLD ONTO THE VICT BUT RELEASED HIM TO FIND SECURITY. HE DID NOT SEE THE SUSP.HAVE A BOTTLE OR HIT THE VICT W .THE HEAD WITH A BOTTLE. I RETURNED TO THE STAIRCASE WHERE 5 OTHER SUBJS WERE WAITING BY THE SUSP. MCKEE WAS ON THE STAIRCASE AND STATED HE SAW THE INCIDENT. MCKEE STATED HE DID NOT KNOW THE SUSP OR VICT. MCKEE RELATED THE FOLLOWING. HE WAS IN THE BATHROOM AND HEARD THE VICT STATE "FUCKING MEXICAN CALLED ME A WHITE BOY!" THE VICT'S FRIEND IN A BLUE SHIRT (CIANI) STATED "POINT HIM OUT]" THE VICT EXITED THE BATHROOM AND RUSHED THE SUSP WITH CIANI. THE VICT AND SUSP HIT EACH OTHER. HE DID NOT SEE THE SUSP HIT THE VICT WITH A BOTTLE. SECURITY CAME AND BROKE UP THE FIGHT. I CONTACTED THE SUSP AND READ HIM HIS MIRANDA RIGHTS. THE SUSP STATED HE UNDERSTOOD HIS RIGHTS AND AGREED TO TALK TO ME. THE SUSP RELATED THE FOLLOWING. HE WAS IN THE BATHROOM URINATING IN A URINAL. HE PUT HIS BEER BOTTLE ON TOP OF THE URINAL. HE STEPPED AWAY FROM THE URINAL AND THE VICT STEPPED IN FRONT OF THE URINAL. HE TOLD THE VICT HE WANTED HIS BEER BOTTLE AND THE VICT TOLD HIM "FUCK YOU!" HE REACHED AROUND THE VICT AND GRABBED HIS BOTTLE. HE AND THE VICT HAD WORDS BUT NOTHING HE THOUGHT THEY WOULD FIGHT OVER. HE LEFT THE BATHROOM AND STARTED TALKING IN THE HALLWAY. HE HEARD SOMEONE SAY "THEIR COMING TO FUCK YOU UP!" THE VICT EXITED THE BATHROOM AND RUSHED HIM. THE VICT GRABBED HIM AND HE FOUGHT BACK WITH BODY PUNCHES. HE DROPPED HIS BOTTLE ON THE FLOOR AND NEVER HIT THE VICT WITH A BOTTLE. Supervisor Approving ID No. Reporting Officer(s) ID No. GARRITY 919 NSPO Fa 3.15 (Rev. 198) I NFWPORT BEACH POLICE DEPARTMEr'T Continuation Sheet Page No. Type of Report Booking No. DR Number Arrest Report 00 -9301 DOUG STRATTON, HEAD OF BUZZ SECURITY, STATED THAT AFTER THE FIGHT WAS BROKEN UP, THE SUSP MADE THE STATEMENT THAT HE HIT THE VICT WITH A BOTTLE. (STRATTON WORK # 949 -673 -4700) 1 RETURNED TO GREENLEAF AND CIANI AND ADMONISHED THEM FOR A FIELD SHOW UP. I TOOK GREENLEAF AND CIANI OVER TO THE SUSP INDIVIDUALLY AND THEY IDENTIFIED IACULLO AS THE SUSP WHO STRUCK THE VICT WITH THE BOTTLE. I PLACED THE SUSP INTO CUSTODY FOR THE ABOVE CHARGE. I TRANSPORTED THE SUSP TO NBPD JAIL FOR BOOKING. I REQUESTED AN OFC GO TO HOAG HOSPITAL AND CONTACT THE VICT FOR ME. OFC PETSCHE WENT TO THE HOSPITAL AND STATED THE VICT WAS DISCHARGED. OFC PETSCHE RETAINED THE VICTIMS PERSONAL INFORMATION FROM THE HOSPITAL SO I COULD CONTACT HIM. ON 8 -20 AT 1600 HRS I CALLED THE VICT AT HIS RES. THE VICTIM RELATED THE FOLLOWING. HE WAS IN THE BATHROOM URINATING IN A URINAL. THERE WAS A BEER ON THE URINAL. THE SUSP STATED TO HIM "CAN I GET MY FUCKING BEER, HOLMES?""PINCHY WHITE BOY!" HE TOLD THE SUSP TO GET HIS OWN BEER. THE SUSP AND A MALE BLACK STARTED "TALKING SHIT" TO HIM. HE TOLD THEM "I'LL COME OUT AND TALK SHIT TOO, WHEN I'M FINISHED PISSING!" HE EXITED THE BATHROOM AND WAS "WHACKED IN THE HEAD" WITH A BOTTLE FROM BEHIND. HE SAW THE SUSP IN FRONT OF HIM AND GRABBED HIM IN A HEADLOCK. HE COULD FEEL THE SUSP HIT HIM IN THE HEAD WITH WHAT FELT LIKE A BOTTLE. A SECURITY OFC PUT HIM IN A CHOKE HOLD AND HE ALMOST PASSED OUT. CHECKED THE HALLWAY AND OBS NO BOTTLE OR BROKEN GLASS IN THE HALLWAY. NO OTHER WITS 1 FPED FORWARD ABOUT SEEING THE ALTERCATION. C VARELA INTERVIEWED WIT OJEDA. PER OFC VARELA OJEDA RELATED THE FOLLOWING. HE WAS IN THE BATHROOM AND OBS THE VERBAL ALTERCATION BETWEEN THE VICT AND SUSP (NUMEROUS RACIAL SLURS). THE VICT INITIATED THE PHYSICAL ALTERCATION. HE DID NOT SEE ANY BOTTLE USED AS A WEAPON IN THE FIGHT. 0 Supervisor Approving (!,?T7/ NBPO Pam 3.15 (Rev. 199) n ID No. Reporting Officer(s) GARRITY D No. s1s � 6 NETa'DORT BEACH POLICE DEPARTMENT -0 Farb 3.1(Rly. 7}9e) rY Fi Y K T 11V [a I J I Preliminary Investigation of: DR No. BATTERY 00 -9014 ,nce RD Date & Time Reported to PD I Connected Reports -Type & DR ORTO (THE BUZZ) 15 8 -13 -2000 0150 ARREST/ SUPPLEMENTAL / PROPERTY .n Mo /dy /yr Day Time Mo /dy/yr Day Time Stolen/lost Recovered Est.Dam. Arson/Vdlsm xre 8 -13 -200 Sun 0150 $ N/A $ N/A $ N/A Last Name (Finn name if business) First Name Middle Dob Age ex Desc Hgt Wgt Hair Eyes DICKENS, JUSTIN JAMES 11 -11 -1976 23 M W. 6-0 I I 210 Bro Blu Residence Address City State Zip Res. Phone 512 JOLIET AVENUE HUNTINGTON BEACH CA 92648 (714) 960 -1423 V 1: Business Address City State Zip Bus. Phone C 1111 S. FIGUEROA LOS ANGELES CA 90025 (213) 742 -7345 T Victim's Occupation Victim's Condition Veh. Lic. No. State Year Make Model Color(s) I DISTRIBUTOR INJURED Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? 0 Yes O No Victim Desires Confidentiality? 0 Yes O No Domestic Violence Related? 0 Yes O NO Gang Related? 0 Yes ONO Hate Crime? 0 Yes O No Alcohol Related? Weapon Involved? 0 Yes O NO Weapon Involved? 0 Yes O NO Weapon Involved? O Yes O No O Yes 0 No Name If Known - Booking No. & Charge If Arrested (List Additional Suspects to Narrative) Dob Age Sex Desc Hgt. WgL Hair Eyes ASHLEY, ALVIN MATTHEW 242_ PC (BATTERY) 3 -11 -1973 27 M I W I 6 -0 175 Bro Gm Address City State Zip Res. Phone Bus. Phone S 1406 W. OCEAN FRONT #A NEWPORT BEACH CA 92663 (949) 723 -9048 (949) 760 -0991 U Personal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon (rhreats.F0rce.Sfmu1td Gan. Etc) If Knife oT Gan. oescdbe S P NONE FIST E Clothing - Additional Descriptors Additional Suspects? O Yes T(List on Page 2)O No Veh. L c. No. State Year Make Model Type ' Color(s) Inside Color(s) Modifications Damage - Additional Desc. tvgved Persand Codes: V•Vicim R-RMAIng Person WWtnesa D- Discover Person P•Parent ,ode Name Residence Address City State Zip W Aschoff, Jerry 137 WEATHERLY #204 LOS ANGELES CA 90048 )ob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone 5 -11 -1970 30 M I SAME SAME (310) 858 -7378 :ode Name Residence Address City State Zip 1!.. It )ob Age SeTusine ss Address (include Zip Code) Bus. Phone Res. Phone 1.0. • SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY THIS SUSP. (Use reverse side for additional nanalive.) Burg: ❑ Force ❑ NO Force SUSPECT PUNCHES VICTIM IN THE FACE WHILE THE VICTIM WAS HANDING OUT ADVERTISING FLYERS. 3EE ARREST AND SUPPLEMENTAL REPORTS FOR DETAILS. upe i pprovn g ID No. Investigating Officer(s) go ID No. Signature of Reporting Person '0 1,0- ' D. MOO 540 -0 Farb 3.1(Rly. 7}9e) rY Fi Y K T 11V [a I J I N%'V1;0kT BEACH POLICE DEPARTME *'- ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number Alkl S-0 1'/ O'Vap o ate ` r� 8 -t3 -00 02.r5— Do- gdl� cling Reports+ by Type and OR Number Videotape of Arrest Videotape # C (L - "-e / PP�S S�.-s '1]2 ` (Yes No �9�2 Arrestee's Name -f1 Last First Middle 00# ff S A?z L 4; y l9/- V .) lt7e?• T T/fEGJ �jv Charge (Section, Code & Definition) 3., aYL /0 c- 8/t -AY' Arrestee's Name 42 Last First Middle 00# Charge (Section, Code & Definition) Arrestee's Name -f3 Last First Middle OC# Charge (Section, Code & Definition) . Witness #1 Age Res. Phone Bus. Phone Address City State Zip Witness #2 Age Res. Phone Bus. Phone dress City State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe.gircumstances Leading to Arrest; In ude meets of Offenses; Note a�u of Evid d LQrat�rt Deposited: / _(✓GS _ �_ _ �' €�d� (r'•(. —�`f_� an +l� f1^ �(Q / �'� µ_ --- /�jj� !CY� r�'j'•'-� ,�f./'��t�tL��' �! / , ,� I ,��1,{�,,V_, -i� C/\ __ /�r'V�'�� _ / p "�7J(�- V A"'e�� �/� l:l Y�'TG ���• x.71 � ' M e OYU or54.� rIA�X lla^5 -, AM Involved? kYes p No Location: I �ZZ 0 PC)o --kz Supervisor Approving ID No. Arresting Officer ID No. Vacation Period s7% 0 a t e fl-irne eproducgd� Clerk �, J � o -- �' ' / ��•,, IBDFv sd1 .1 -.9 L)d le No. Type of Report 2 1 Arrest Report NF'YPORT BEACH POLICE DEPART"E" Continuation Sheet ii u No. DPi Number 8 �oro 3upervisorApproving ID No. Reporting OM r(s) ID No. BPD Fpm 3,15 (Rev. iP %) Y —WPORT BEACH POLICE DEPARTMF "T ARREST REPORT Location of Arrest RD i DatelTime Arrested i•9'a°f oz % S- ❑R Number ecting Reports by Type and R Number /✓oNE Videotape of Arrest ®Yes E] No Videotape # Arrestee'sName-#1 Last First MENTION ONLY !C� $ $ != L. L /� li R+= ft/ DEEMED NOT ARRESTED OC# Charge (Section, Code & Definition) t�`-1 ?��1C1%t. �fjolZC�t�L`T Cv�vl -�cr tN'�o,+r�iC..C1 =MoL Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip WMess #2 Age Res. Phone Bus. Phone dress City State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest Indude Elements of Offenses; Note Nature of Evidence and Location Deposited: P0,v�;r= .:t-{;Y /?ft r�F�t2T'o L,l� �r{it:7+�iL�rnK 5 ri�<c�-t.+r�e� �"t`• .�A�S�S? _ E2 / % -- fk�c.7 t Gvl7Rd::,:A'• *r 1�•r^YCESI- �r17�c�J ''."�jR7' �t���" 'C..:�^ C " . . 2-.r� E f^ CA L L �?' i..*�S •� 15+-`T :� rf,'„'". ;'z; . �• �'"T1- 'tt(4�f% .. -tT'S+ 'tr,''-!�� 1.- i.K:.��.'a• -t...+ �{- il.Jl� r_..''�- '�/"1G E~ 4�. f'I�Je• ^'T' /7..Ctr�1.'' of Involved? ® Yes ❑ No Location:' q re> Suppe�ervnni App ving ID No. Arresting Officer a ime eproduced Clerk q 0 b zrrAS ID No. Natation Period LI 1l�f NePO Farm 5.1 (Rev. 12-98) F. X P T R T `'Y" VI 6� r" wPoRT BEACH POLICE DEPARTM -T Continuatioil Sheet Page No. 2 Type of Report Arrest Report.. Booking No. I DR Number Lse—e --t pi�"c Ir 14jr Aq o fats X* f, L-2tk^ AS -7-14C kCi= P,49 /0 e4 PPF4!2j—:-j2 NOTq 848.5 P-C, Supervisor Appr ving ID No. Reporling Officer(s) ID No. N Form 3.JS(A.vb%) 0 N 'PORT BEACH POLICE DEPARTMT , ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number � � / ..� '� • 9• D / CEO - �' °i� cting Reports by Type and DR Number Videotape of Arrest Videotape # i Yes No Arrestee's Name 41 Last First Middle OC# '' I Charge (Section, Code &r Definition rs Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First \ Middle OC# Charge Section, Code & Definition) Witness #1 Age Res. Phone s e/ Bus. Phone Address City State Zip Witness #2 Age iRes.Phone tr Bus. Phone dress City - State Zip Witness #3 Age Res. Phone 13us.Phone Address sty State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: -- L.�__�— - .�"�..,C)d_cE• .4vo T:,, ��= �' C ,<Arft�S- f_Jc�Sl6•�E_�.T__C� -__ �_/ - ,/�GL_. —/ t.1 sS� c'' Z�. G.C...i/T / i�it� G- f�- /�.G� y.E'�'' ��= "�� 7�. �• 19 r�/ i 1 Involved? le Yes ❑ No Locafion: SuTervisor Approving ID No. CU , Arresting Officer ID No. Vacation Period (f SD if L)ate4 yme eproduced Clerk VVU PTT N by N 'VPORT BEACH PoucE DEPARTMr "T Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number -5.- ,.� /�'/ -i ill �E�!- "aiG•'Ji //�., ..+�- /�r'�J6rG,t l�.:l /7'Li ���I/z' ` <J'"f� I�./C 1Y�rc�'."/ �.f . F.r'�. +I � � w.r ICJ u� //`7�' i!':�J�� ...�Ci%!�_aI ✓� /I�.,da.''� �6_S ? " ✓ /J.t Co 4,,-6 At �C]LIi�.LJ� //�"F' /��r7G.� ��!��i�isll /n tail/ r.�.�GY•!9� %, `�.'i�>f =l c f� /f.Vi�'�I AC' / -! .'-/ %- ..!. .i � �% �--!�, Fs .f � 1� C ..✓� y� �1fii ��'� i-� .,••'//� � /fi'[!t_.'G.T'2'� /�iQ ?//`�/4'.3'ib'.9J�'q ./. � r�Yy�./��h�cC:. lelok CI�yL� / ✓ f % iii 4+-..:r' /T r C� / J f Supervisor Approyy�' s ID No. 0 3s a Rep m Officer ) ID No. ;,.' N6PD FOnn 715 (Fw. 1P%) 0 0 4 VWPORT BEACH POLICE DEPART?" "'NT ARREST REPORT Location of Arrest -� RD 1� Date/Time Arrested -7 C Z3Z2� acc'aZ� i CGNTU� L EN�o netting Reports by Type and DR Number Videotape E- NIA p Yes Arrestee's Name -#1 Last First Middle O# Charge (Section, Code & Definition) Cny'�(P�Pc_ I�tS^iZil.coN1�;C� �lc i�i�xic�a��� y� ¢A Arrestee's Name 42 Last First Middle OC# Er Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle 0* ICY OC# DMN'nori Charge (Section, Code & Definition) ^) S49 5 P.C. MS 0( v Witness #1 Age Res. Phone Bus. Phone 0- C= C. D . (Y) — ►v 6 P )%�, Address City State Zip Witness #2 Age Res. Phone Bus. Phone ,address a City State Zip Witness #3 Age Res. hone Bus.Phone .Ss Address City State Zip a Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest inaude Ejements of Offenses; Note Nature of Evidence and Location Deposited: ni,r�l-zrm 1=�=.f�: ;i_12:�.1_I_11__IIyL .�.1�- .- -- -- -- htaRl <�.N.G S.!1��CSli$t tn;L iiL(i�Z "I] ltit- Ii9T_ �GV, y_ I�CrI�._ l_ 1KC _._r %_cTL.,i_SS..1'SG_I..ILt -_. _. F!<<I_ —.__.— TH G a o �' �I c._ . � � � � wit ° r3 Z Z^ H i_I C_I� fht _1�( i_l..M t y:-Jr 0.i= Tt�L_.ZE�_T_f3�1 ^.9!v -' -- -131 iL Z. 4 t to jfs —`' - --� --1� - /� p CJ.n CLi_li C1�_Q V .I�IS__C.C��_QCf_�l.l_IC_ GT.1�LY_13.2r1�t.- .._�_1 =_�_t .. HL= 12�' o.Pr'C0 .... c R.1�Rtvv Rtlr»_t.'_S—in l�i 91- ra_._PI,v i 3 , L_E__ o.� ..t.�� _ ,� t i)L'r -- t .of Involved? Yes p No Location: " "TiA L 3 U Z ' upervfspr. pp oving ID No. i Arresting Officer ID No. Vacation Period Datei rime Repro duced CI rk 11 "EWPORT BEACH POLICE DEPART *'ENT Continuation Sheet Page No. 2 Type of Report 4 1 Arrest Report - Co`i-I (F� f C Booking No. DR Number C� (2Tz I SPt�Cti Lii!a� Si_VZ1Zf =Ll /jN'1, 2l.QL' T1il�/t;y I-IC WAS V�J IL:�I�; 4N HIS FF-ET ArvA ) ES G,I_,2t CL:gsS l EFC���1'�` �tE�DE1J Cry('. <t;j. T11E AE�T, INb)(ZATt HE 1tAD f3m�J PAP>�EL� NERZa -', U,;HC -N i ASKEQ 1-HE 1J-' 7. IF Ht `IJ DG -C.—t AQIZ ElTCD 1`�tC.CNTL�' I HC Ht'D a l -J CI I to C,Y NP,P) -a I IL Q br1rj�-A \j C= I-1 ?lJ/lwC OVTYIJJE OF °fO3tAZKt;''s', HE KA11, I-E"A tSl.tr4 Al A Wt4�Ir+G fiLL AA! k li(aD CQrYLI!'ntA SNE!2AL VODKA 'SHOf t\,�' T4G TOTAIiT'� Ctr TIE CI�C�J,'VI]TA�4CeT LEO me TO CQr1 CL-' ilc THc ' OG\cT, ujA INIV- XIC,ATtO POST TI-7E QF A(�,LE TO C,/i,7& FQ2 I -j IS cwrJ S,;tt i`, c2 JHE 19FEi -0 r Ci1-1 E,2 HE (,, � PC,aCE1�, i.N , -- Cy�TO� �---: T)-IC LIT TGi) CH)2r:E ArJO Tf-)Kc'rl T c N: 1 =02 DEicxirlCalo,J,` f �i Supervisor Approving ID No. Reporting Officer( ) ID No. N5PO Fa= 0.15 (Rev. IPMj N ' /PORT BEACH POLICE DEPART n n' ie" ❑ TELEPHONIC ❑ 7RIEFING Preliminary Investigation of: 416111P i..i ❑ CPI ❑ VNl �A b o - 1v3Z5 ❑ GSU rE Location of Occurrence RD Date & Time Reported to PD Connected Reports -Type & DR Aft,5� 11m oPovzry IS &/ -00 Z34 I ARreI_S� $LOP RG9azr ¢oo'E3 O rred On Mo /dytyr Day Time Moldy /yr Day Time Stolen/lost Recovered Est..Daam. ArsonNdlsm Or Between: _ /S-�o SG'.V So & — — .� is o 1 $ 0 $'0 Last Name (Firm name if business) Name Middle Dob Age Sex Desc Hgl Wgl Hair (Eyes FiFirsstt STYd /iTi'� 00LCLq 4LAn 0 -7•5'7.77 Z2 /y 6✓ '1 Z3.7 13nv I17L0 Residence Address City State Zip Res. Phone V Z60-9/ �A5�o !/ O/� SAV71,4.v �iiA /ST(�A;7 ej 92675 i Business Address City Slate Zip Bus. Phone C > /50 I//-- 0PV ,27- Gq yzIsz 6-75- V6,3V T Victim's Occupation Victim's Condition Veh. Lic. No. State Year Make Model Color(s) M Sr1GiZ,rll o .- — — — _ Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? CYes 0 No _ Victim Desires Confidentiality? O Yes 0 No Domestic Violence Related? O Yes 0 No Gang Related? O Yes 0 No Hale Crime? O Yes 0 No Alcohol Related? Weapon Involved? O Yes 0 No Weapon involved? O Yes 0 No Weapon Involved? O Yes 0 No 0 Yes O No Name If Known - Booking No. & Charge If Arrested (ListAdoieonal suspects In Na" ve) Dob Age Sex Desc Hgl. Wgl. Hair (Eyes Address City Slate Zip Res. Phone Bus.Phone .S Z'`!.7/ C /v /c ��...r� -.'2 y`/3 /%/ i�3l. CA oZ65 3/�- 3/7 - %ZGS' NGa� /6 SPersonal Oddities (Unusual Features, Scars, Tattoos, Etc) Type of Weapon (rnreats.Fwce.simund Gun. Etc) If Knife or Gun, Desc;he: C7� r, - owl c/� oalL�r F cF — RT. cc osEn r-IS lothing - Additional Descriptors Additional Suspects? O Yes C aGC rr Tip✓ G✓yT T !J (List on Page 2) 0 No T Veh. Lic. No. State Year Make Model Type Color(s) Inside Colors) Modifications Damage - Additional Desc. InvolvNPersend Cwes: v -Vctim R-R Person 'N- Wdness D- Disoeve Person P-P.e Code Name Residence Address City State Zip G✓ 62 i 17- 4117 ew teez'I Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone � a4 c/ / -7 5- / Code Name Residence Address City State Zip n Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone M.O. - SPECIFIC OR VNVSVAL ACTIONS THAT AIRY TEND TO IDENTIFY THIS SUSP. (VSO reverse We IW adddionW namalive.) Burg: O Force O No Force r )..- -. • /v.... ,.;. -=ter I e /.- 7mCMr =0 .TO Sn ra.+t__...._.— _...... _. .._...__ ;..T� "'rti� T3C•ZZ -. 61JHEJ as r�-0 T> Lit✓ 'T3`t SEcu2rr�r � L;� r2�FG5>r� s7' SUDer4 ving - ID No. Investigating Officer(s) ID No. Signature of Reporting Person —rr .,,a�rr:( 7t! IT7 N. F 1061 Dat rgduce / I NBPD Fpm 3 , 1 (Rev. S.97) D, Y '!PORT BEACH POLICE DEPARTIN17 Page No. 2 Type of Investigation gyp DR No. 0.7_6_ S (1) List additional suspects, victims, involved persons. (2) List stolenlrecovered property. (3) Reconstruct the occurrence: crime. 4) Describe any evidence, including prints. state locations found and by whom. Give disposition. Include all elements of the Item Quan. Article Brand No. SModel Serial No. Misc. description (Color, Size, Inscriptions, Caliber, Etc.) Dollar Value Q��¢ `'Q 'S PP• 21TPMT' AAM A22f7r,T rfa?� MDR FL'Zrtf —>^"G !t Supervisor Approvin .� ID No. Reporting Officer(s) /Stiorzr ID No. 1061 (i 0 I 13 N. —VPORT BEACH POLICE DEPARTMF ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number 3 S l/ /.9 OPoRro — %.vE 'U7�• /-S ro -/7-00 '/ Z3 SS ct7 - eG,3Zf necting Reports by Type and DR Number Videotape of Arrest Videotape # ,KYes 0 N g$j$ (y Arrestee's Name 41 Last First Middle OC# Charge (Section, 'Code L& befinition) First Middle xRS Arrestee's Name 42 Last OC# S` �r Charge (Section, Code &Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) i Witness #t Age Res. Phone Bus. Phone gym- /z 17- %-m - 45 o G -73 -4-70� Address City State Zip Witness #2 Age Res. Phone Bus. Phone ddress City State I Zip Witness #3 Age Res. Phone Bus. Phone ` Address City State Zip ;S Arrested By (Private Person) Age Res. Phone qy,T) Bus. Phone 174t STPA-rfb VOU&I -AS AUAoLj 2Z 7gg- y176 673- yNod Address City State Zip 3 y5) v1A 0P072riD /UEw/00X I? ACA 6A. 4Lf.6 I DeS�It Circumstances Leadi . nq to t; mcJUde Elements of offen s: Note Nature of Evidence ano Location De ositeo: 11 _f- �J1j-/- +`/= �l-- L!2= __.. tea/ = - v^� U ._--- of Involved? is Yes ONO Location: 3435 V11% S e�iOC rovin ID No. Arresting Officer ID No. Vacation Period Q�Lr -�r Dat ime Reproduced Clerk S y -.1.— '�. "..) I VPORT BEACH POLICE DEPARTM T ARREST REPORT lion of Arrest RD Date/Time Arrested DR Number VIA- oelo•e-ra /S S.s -oo oflo 1 oo - `,Y- Connecting Reports by Type and DR Number Videotape of Arrest Videotape # Ci2,ir1�. Su�r4t.i+rc?sTAt.. QR a!°�-->,c.'r ❑Yes ®No Arrestee's Name -41 Last First Middle OC# 9LI O SS hI EK - A-+ � 1 Z />I I "E C G- Aec A/' 0 Charge (Section, Code & Definition) \\ C at o2 4,2 - e5 A -,Ty-,W- c/f21 VAT E ltre i ,4,-J J Arrestee's Name 4FZ Last First Middle OC# t'A 0 H S a ^r L A2 0 A,/ A4 A 12- Charge (Section, Code & D/�efinition) Arrestee s Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State I Zip Witness #2 Ldress 1 Age Res. Phone Bus. Phone City State I Zip Witness #3 Age Res. Phone Bus. Phone Address City I tats I Zip Arrested By (Private Person) Age Res. Phone Bus.Phone GUY +^. -j mlcW.�% %Z L- I ae 944 - ?8L- oa75 545-9it -6`fi1 Address City State Zip Describe Grcamstances Leading to Arrest; Indude Elements of Offenses: Note Nature of Evidence and Location Deposited: �r.ir>� Ti4FCf�(PJ� Flis PflF-1 .EYGYI'T�14 Q�.fl�r .,�rd -n QUIZ ^-1,�- WElli'LLI� ff�'k�.Id11G 't�1 :Aeojzr TWC4'T 7dFrf <brl C>-7r WFt,r fawE AF -rz3] TfCpJL.uzDl� PUt tGFI ew* rns M IS-er ^_61�� ISFE wt ox6 Wt Trl R.�S ifE� -G T1t{�1uW - tla.+'tT �a�l2eil_Ltc1T 4LO&(re L-,A,,tP4_ 47 Lw7AJ r N 7 ulmrtlA Ora TNAr ;f kr.V etA t K —��Q1 �-- rOrc►r Tiles— M-' ��b�t� (�L�j�t�G�o�t/�tg °/r�K�- T�-O�� of Involved? wYes p No Location: ray Z Z 'LT-n*tL ?i trl Lvwu Supery isor Approving ID No. Arresting Officer ID No. Vacation Period k- DatetTjjme duced Clerk pRe 5(O W ! 15FU Fa 5.1 (R.*. 12.95) LF 1.►1 NFWPORT BEACH POLIC£ DEPARTMENT Continuation Sheet rage No. 2 i ype of Report Arrest Report Booking No. DR Number r cAu t vn+Ar )+(SL ifa�+0 o >J 3 CF+EST L.1N p e� r gt,tr� M A T ptora X02 RQ-rrr% -Qy kNif T"Ar tJ B PU t$ `M A Ce Tt �32('tIJ —,6�_ ! Sc Su(�l���J'+ -1 C�'3 i Y1L / p�_ rno H Sew T. 0,t .,,,� tr ZLFYe .LT �vt o -TA-• of .-/ K'rC .c S ST Approving ID No. Reporting Officer(s) ID No. ,11 NFr''PORT BEACH POLICE DEPARTNIENT• ARREST REPORT Location of Arrest Via Oporto RD 15 DateTme Arrested 4 -1 -2000 0030 DR Number 00 -3155 sting Reports by Type and DR Number Property Report (same DR) Videotape of Arrest ® Yes [:]No Videotape # 4516 Arrestee's Name 41 Last Houseknecht, Raymond Howard First Middle OC# A R Charge (Section, Code & Definition) 647f PC Disorderly Conduct/Public Intoxication E S Arrestee's Name -#2 Last First Middle OC# T E Charge (Section, Code & Definition) E S Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Stratton, Douglas Age 22 Res. Phone Unk, Bus. Phone (949) 673 -4700 W Address 3450 Via Oporto Witness #2 Ofcr. Tavaglione City Newport Beach Age Res. Phone State Zip CA 92662 Bus. Phone (949) 644 -3681 E dress NBPD City State Zip S S Witness #3 Ofcr. Garrity Age Res. Phone Bus. Phone (9.49) 6451 -3681 E S Address NBPD City W.;; . Sfafe : ' zip Arrested By (Private Person) Age Res. Phone Bus, Phone Address City State Zip Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: On 3 -41 -00 1 was working uniformed patrol in a_market unit for the Newport Beach Police I)Ppartmant At ahol It 9954 hours Offlcpr Garrit T3nd t were diCpafrh Pd to 3450 Via nportn (fhP 81177) nn a t`afl of an intoxicated m51Ie 81177 CPc(r[itY (WiInegs Strattnn)[Q,parted that an intnYlcated subject had been refused U entrannP into the, club and was refusing to lPaye the area Officer Garrity contacted the male Deft HnllceknP, in front of the husiness and determined that he was drunk and nnahlP to nare. for his own safety Officer Gsrrit was ahiP to to ate a snher friend to take nontrol of the Deft and did not to arrest him for Puhiir Intoxication Officer Garrity advised r)Pft HnrleP4nPrht to an home. for the night and told him he would he arrested if he was found in 11hplir again that PvPning The Deft then left the araa in a limn with a friend I involved? ® Yes [I No Location: Unk. Security barred entrance to the Buzz due to 390 state Sup is gAppr ving ID No. /Y GSf Arresting Officer Green ID No. 1001 Vacation Period 1C� Datei7imeRe rgduced Clerk // > NBPO Form 5.1 (R"!3.98) V v TT x TT ,r lip NFWPORT BEACH POLICE DEPARTMENT Continuation Sheet le No. type of Report 2 I Arrest Report No. DR Number 00 -3155 On 4 -1 -00 at about 0030 hours, I was traveling W/B on Via Oporto. As I passed the Buzz, Witness Stratton (Buzz security) waved to me and requested that I stop. He advised me that Deft. Houseknecht had returned to the Club and attempted to enter the business several times. I contacted Deft. Houseknecht as he stood on the S. side of Via Oporto. As I talked with him I noticed that his eyes were red /watery, his speech was thick/slurred and he had the strong odor of an alcoholic beverage on his breath. The Deft. swayed as he stood and seemed to be having difficulty remaining upright without assistance. The "friend" who had taken custody of the Deft. during the previous contact was not with him. I asked the Deft where that friend was and he stated, "inside the club." After considering the Deft's statements, symptoms and lack of any friend to assist him, I determined that he was drunk and unable to care for his own safety. I then arrested the Deft. for 647f PC Disorderly Conduct/Public Intoxication. Officer Tavaglione responded to the scene to transport the Deft. to NBPD for booking. During a prebooking search of the Deft at the scene, a glass marijuana pipe was found by Ofcr. Tavaglione in the Deft's left pants pocket. In the Deft's right pants pocket Ofcr. Tavaglione found a plastic film canister containing marijuana. The Deft. stated that "nothing" was in the film canister and claimed no knowledge of the drug. The Deft. was then transported to NBPD for booking. He was subsequently cited for 11357b H&S Possession of less than one ounce marijuana and released 849 B2 on the 647f charge. Supervisor AA rovi7g ID No. Reporting Officer(s) ID No. (/�f��/- Vrj� Green 1001 f��G NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest 3 Via Oporto RD 15 Date/Time Arrested 3/19/2000 0200 DR Number 00 -2694 dlWng Reports by Type and DR Number Videotape of Arrest ® Yes ❑ No Videotape # 5850 Arrestee's Name -#1 Last Kelly, Michael Robert First Middle r,}ON O-Y OC# q3 5:0 ca A R Charge (Section, Code & Definition) O'FS"AED NO y ag9.S Y.C. 647f PC Disord Conduct/Intox Alcohol PEg S49 Bl ear E S Arrestee's Name 42 Last First Middle OC# T•' E Charge (Section, Code & Definition) E S Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Jennifer Kelly Age 26 Res. Phone 949 - 278 -5433 Bus. Phone 949 -574 -9642 Address 305 112 Coral Ave City Newport Beach State CA Zip 92660 W I Witness #2 Age Res. Phone Bus. Phone E dress City State Zip S S Witness #3 Age Res. Phone Bus. Phone E S. Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses; Note Nature of Evidence and Location Deposited: At the time of this arrest I was wnrkinq as the natrnl divicinn watch rnmmander I was mnniforing the Hosing activities of the 81177 har when I saw the daft rreate a dish lrhan a with the har's hoamrPrs TherWltneiC is the ri ff's Sister and She was ttQ inp to calm him down HP was aratlina nth the I? staff and heromingquitP loud and disnyntivP As ha was escorted awavjrom the bar the deft hen_an physically ❑ullina away na d it arnPared a fight v ^s ^bout to anent As I approached closer I could see the deft was drink HP had n strong prior of alrnhal anon his breath and person he %wnyed only slightly ns he moved he had slightly SIIIRPri speech b t he a was very Ind arglrmentatiye—ancl gene a2v nhnnxious in his behavior I could here the deft's sister le(2 .arling with him to calm down and I saw him push away from her in a fit of anger At this nnint I rnuM s P t� he deft was out of control and ahnut to fight with either his sister or IlnvoNed7 ®Yes p No Loca The Buzz Bar Su rvisor Approving ID Arresting Officer ID No. Lieutenant R.T. Long 320 Vacation Period Datefrime Reproduced Clerk O ���(� 1t� NBPD Fam 5.1 (Rev. 7.98) ' FXATRTT 0• NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet le No. Type of Report 2 1 Arrest Report No. DR Number 00 -2694 or the bar's staff. 1 contacted the deft and tried to calm him down to control the situation. The deft initially submitted but then began to argue and started to jerk away. I hadn't yet checked the deft for weapons and it was clear to me this situation was quickly moving into an unsafe circumstane for myself and the bystanders in the area. I was of the opinion the deft was drunk in public and his drunkeness had contributed to his agitated state. I was also of the opinion the deft was unable to care for himself or the safety of others, such as his sister. I arrested the deft on the above charge and handcuffed him. He briefely argued the situation, but soon submitted and was reasonably cooperative with the transporting officers. Upon arresting the deft he said he knew he drank too much, but he was upset because the bar staff told him he had to leave. Evidently he didn't understand the bar was closing to the public and the bar's staff wasn't ejecting him for other reasons. The deft was also upset because he had a morning flight back to his home in Plymouth MA. From that point on, the deft was polite and cooperative with the officers who processed him at city jail. n� -, ZEE; _ i I�D,y1L��RP ?Sk 849 8(c� ) .: 49.5 NC. k :r Supervisor Approving 1 Reporting Officers) ID No. qI Lieutenant R.T. Long 320 3.15 (Rev. 3.98) N -VPORT BEACH POLICE DEPARTNIF -"T ARREST REPORT cation of Arrest RD Daterrime Arrested DR Number VSA 2f0S o 15 Woo 30 00 - ecting Reports by Type and DR Number Videotape of Arrest Videotape # CS-Yes p No , NO JE Arrestee's Name -#1 last First Middle OC# 7`� �rf- -��,��i� ncce� Charge (Se o/nf, Code &Definition) P,C, DYSORD q_Ly CO.vOVG! /PURL-CC S..vF LC 'o0t_ Arrestee's Name -92 Last First Middle Y OC# Charge (Section, Code & Definition) c=^ Arrestee's Name 43 Last First Middle OC# i Charge ( ection, Code &Definition) Witness #1 Age Res. Phone Bus. Phone ,vEY 'VL AIIA u<t47 (0775' 1/77_;o ddress City State Zip e / c ar.r� '-JewPov'T' �iGr*1Gi/ G itness #2 Age Res. Phone Bus. Phone ddress City State Zip itness #3 JA Age Res. Phone Bus. Phone ddress city State Zip rrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe circumstances Leading to Arrest: Include Elements of Offenses: Note Nature of Evidence and Location Deposited: o-j o3— os._oo Ar A1P oures, oFFrc.ez THtCrlSttE .,.( "5ay) .._._ - -- -- _ rANQ_swj E WQRV_:r^16- v,v�I_or-r'SPt?.i._ao_e- z,Q _A , At >Afkt�cs?__.Ctii raL. L oCS.i e__— InJE_PEC�sv o M_ RttD2o CaLL 1=�0 v, R 1�._j U'rAe ALCf L..- ►:;'GA _p ?^'G Sd*_r_AMl'JG 2N THG_LrOo v2 Cc n. 4G_— A!?Efi, -- .. .. -. _. _ --"— - -- --...--- - -.. .._W�_RGS�eN_OCi =nr'O ME "i W;LN wx_i�!cS..-S--- r'!✓wF.io�✓E_Y W�ro. RE.�oz�_Gt,_ -.. -- - C of , t_ro CG L.Ar %G._?�= %SGaPLE �Y1c_wCRE r�6 }.IC.tiCY_ SN�titJr1PtaE12Ei�_ ♦o_LD� _T.zzv K, of Involved? gYes ❑ No Location: U..J (LnJGw/V Supe�rvf�°r A roving ID No. Arresting Officer ID No. Vacation Period U� 651 1} Z7 . C R r\ /V C-, /00-9 Daternme Reproduced Clerk N 7 ,ti N6Pn Fq 5, (Rev. 12. 8) IYI�. 1 z N -WPORT BEACH POLICE DEPARTMP -T Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. — DR Number co 2037 2 OTa S6-YLV c, D £�Ef-i SM= —1tt STAG GEx•+• -✓G fALONc %f /F BhYFn.,ri �yJ3 vvr'L+C T T </E,l GOB aGTE1S 5e'�T v! q n TMM<iN=,q ELy SMC 1 THE Sflz .vG 0002 oF' AN AGCOHOL.Z'G i36V6,1nGE O� < /Z'S f3 p.ERiH 2oA ,Q�p PANTS WC2E v.J'�SPp6.D, = Y9SfLCV SM2T14 Th KE f /a4 DBEN 1�2T..ilL2. 9GFuSEO Tc 7ALle is = a&afD SM27 H_'S F1fle5 WE'4-c MLoOUx ,d 7- tA�0 WA-rr- -r A�b 1�bOxfTiNALY .!- THAI- F ITS SPGGG// WAS EX ?2ENiEL'( c3sGaVEa S /v 2E�� 3 ir9 -��s HF .JEEDG9 ASSZSigr/GH tN �9LtL2NG SI�ISiI! �UnS "N Rv -iy- T J PU3L1-G e1�Iv WAS t/ ^!f1eec ie, clilzE F- ,,a ,117'5 SrlrGrY ejz r/IE sAFG7Y or e7 iHc--,S T j';•. /�..v /3C AcG/" S N12iFf Unr0 Cr A tl -E.5% I rr2 %LIE L ?S %C0 OF/-"S-CE2 _ ,f 0,0y 3G2l- P -4aOd. 06D TO M Y G vc a A -0 7- 2gNS Po.t'ED Dom. SA7�H % /y.A .P.D. T,'lT.L. /`ov2 130C14s, -)`., =—J S <io r. LiD 6 F_ -voTED SMT -F/ P/1SSEil C•vi 3',J i r/� L�.z[1G SCa 7 of MY MgRtLEU ?Ai ROL U�Xr wrrcLr we WC-f& wW-Cj S.✓4 r?oR Teq NS Po�2 T`ATTO.J 7?I r}rZ.Y�-ZVIC. AOt�S'f'EC.JALL` smrl-" I-Ir>S flE6�o noyzczr -f=a NVN f',ecol n 6Y N.9 P,0 i gn< 7I- (r- Supervisor Appr %ving ID No. Reporting Officer(s) ID No I caA^jF �icos NWO N ­'PORT BEACH POLICE DEPARTMF ARREST REPORT Location of Arrest R RD D Dateirime E DR Number Jta O eTO I IS ' EArrested D 'a j e ecting Reports by Type and DR Number p pe of Arrest V Videotape # s s C3 No 3 3 �3 Arrestee's Name 41 Last First Middle O OC# aCod�o ect a C 2 q-2, y va _ \' bl <_0R I.2 "I Cov",zUC -T Arrestee's Name -#2 Last First Middle O OC# -1 C Charge (Section, Code & Definition) ' Arrestee's Name 43 Last First Middle O OC# Charge (Section, Code & Definition) mal Witness #1 A Age R Res.Phone S Sus. hone Address C City S State Z Zip Witness #2 A Age Res. Phone S Sus. Phone ddress C City S State Z Zip Witness #3 A Age R Res. Phone B Bus. one Address C CityDETENTION 0�jsLt� Z Zip r r r� ARRE T TED Arrested By (Private Person) A Age R Res. PI10V849 8('/ Y 84 . .84a.(�Fhone Address C City S State Z Zip Describe Ci cumstances Leading to Arrest; include Elements of Offenses: Note Nature of Evidence and Location Deposited: QN?�i3J «� AT 4;oc, n^Uc 2r� r1Si"`y1�3 -�1�'� L11Y D21��L�?i3 P0I.IC�— VE.`cU4L�G. -.2. wti5._B.sstsS.ft�1 .4_FC._ `��.- _'.a.z.iti'- r5 -`.o ryt`V.CT. r. -L ! ?dll�_ I__ Sra41. SL_ Z%4al \�clftl(�1�a1tSipL`c_5u3S� lvrGi+T:J:�6_r S F'- P..tY.� x =. -..-- �fFD...ZQ_ Q act __ -nice .OcE_L-- O. _i.....f AdftL 1 Involvedl U Yes E3 No Location: Supervis v' , ID No. A Arresting Officer ID No. V Vacation Period `I D ime p prod e 1'_ aP"M 1084 VA " I H I'll N'- "PORT BEACH POUcE DEPARTMF Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number !'1E Wt >.� (aOteJ(_ TD �V4iH 11�iT(� 112. TK4 11PF"T l,\PLKC` ftG.f�\1A]t` �-1'- V�:�C, Tk�r1 Tn 7t•1P <.AYIF i7-EQ7 TFII(j Tln° (=2O hl N °FT A &- „jf-2c,(?< PMaV PTI NC+ FQnN Ht ^. N,(^.�1T\ -Y A. \ \C'; F” %G•: (�C•',. 'i A °.'•C �'i:. T'.-, �. t%aCT V'F•K` \•+.al. ';L- [,Q.tray:n:C., 71+.4 T'-Ihi yG H:a CnNCtl -I K „LYnYT 't GcFC i -i'. H \M WHC(Z °_ HS. f�4fC (,(71 tJla R,]T Tw, -_ 11 '��T WF" C. ^Nt•V "C _ Th DEFT `u14^ I„'TnV,�_� -T_q FF-1 ^f�4+hl,} F`1J 1`�� � "1171 Il Q )7 11 N1•l �'2- 1- 52_QCCT G..�_ IDU� ��1Y G {�i�., ,�: t.,; -,(l t_•i 1'^1SZ =n1.`i T Rw]7 I i i - -_- ' (/ ID No. Reporting fficer(s) I' ID No. 1 J i 3 e 1•' is •_r N vPORT REACH POLICE.&EPARTMr r ! J TELEiHON1C ❑ BR1EflNG Preliminary Investigat(n �� DR No. ❑ Gel ❑ vNl OA VU 2 V V 00 -_73 3 ❑ Gsu Location Of Occurrence RD Date $ Time Reported to PD Connected Rep s -Type & DR v50 vj{ OPP&TO (QvLz) is' 1 -ZS-ca /00X I proPtitry - 540,tC Ct;*: NFred On Moldylyr Day Time Mo /dy/yr Day Time Stolerdlost Recovered Est. Dam. AEHair dism Or Between: 1 00 :W ar:b & !•LS -00 SuA+ 0105 $ — $ -- $ Last Name (Firm name if business) First Name Middle Dob Age Sex Desc Hgt Wgt Eyes C : rn A L TsaAj A ubACA 9-24.7) 2� F w S 9 lic g�v Residence Address City State Z1 p Res. Phone 113o2 Svmm6v trnt; PL Cut_v6& crry I GA CLCP?.Ia 310 7 S3 - 9403 1 Business Address City State Zip Bus. Phone C Rt;FUSEO — — — ^ T Victim's Occupation V ctim'S Condition Veh. Lic. No. State Year Make Model Color(s) 1. M MOOEL uP$(;f Nib — Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? 0Yes G No ^ Victim Desires Confidentiality? O Yes O No Domestic Violence Related? O Yes 0 No Gang Related? O Yes O No Hate Crime? O Yes 0 No Alcohol Related? Weapon Involved? O Yes a No Weapon Involved? O Yes ®No Weapon Involved? O Yes E No O Yes O No Name If Known- Booking No. &Charge If Arrested (List AddiSonal suspects n Nana ve) Dob Age Sex 'Desc Hgt. Wgt Hair (Eyes vSGr ar Z C AIT1 l: r ,.AS %UAr A.uXAIVaL'2 s 3 %a tl M H S -g i�lU ffRN I ?tv =- Address City State I Zip Res. Phone Bus. Phone S. 1,781 E0AWr6 OL 66AO41 CA, 92647 6 /y) $47- ZI&* (114) $1Z- 674? U Personal Oddities (Unusual Features, Scars, Tattoos. Etc) Type of Weapon (rhmts.Fo=.Simuttd Gun. Etc) If Knife aGum Desailbe: 3 T'1-: L[Ff SHovcUErt RODILy FORCC lothing - Additional Descriptors Additional Suspects? • Yes wNr r. c NrRi/ 8 tvt: Ujv; (List on Page 2) O NO T Veh. Lic. No. State Year Make Model Type Color(s) JIA Inside Color(s) Modfications Damage - Additional Desc. In ee Perrone C,ees: V.VK R -Re n Person W_Wl e s O-Dlacevervq Person P.Par Code Name Residence Address City State Zp W -1 64t)e%6L-/ PAISLO :AVre2 $072 Cowr fjrrA;e «+ �Z NVAlfING*bv 3EAGN Cq 926YG Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone Iozv73 26 M "01,rV6 Gatoely -Qexcu SLv,3 H.9, J#Qt /7fli 9 1 -01q Code Name Residence Address City State Zip Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone M.O. - SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IOENTIFY THIS SUSP. (Use reve,m eke I& a dtw tl narrative,) Burg: ❑ Force ❑ NO Force _'_.... LSStfo <vgSeGti C-fT 1'Lt To k PNYSSGAI„ Itt -TI: R- CA rTOw, SNS�Q e-' T}7t ntf ULL,r __. .._ pr ing No. Investigating Officer(s) ID No. Signature of Reporting Person (/' L M= D. >(RCS�C� It Ucet O CI N8PO F J.I (R v. S97) R-9 11 T R T T 3 IN N' ''PORT BenCH POLICE' DEPARTNIF ' w. 5 . Page No. 2 Type of Investigation DR No. 733 (1) List additional suspects, victims, involved persons. (2) List stolentrecovered property.: (3) Reconstruct the occurrence: Include all elements of the crime. 4) Describe an evidence, including prints. state locations found and b whom. Give disposition. Item Ouan. Article Brand SModel Serial No. Misc. description (Color, Size. No. Inscriptions, Caliber, Etc.) Dollar Value SuSP')2 VSGr*3 MA Pie, ASAr, EMt2SON MArrAS 01 /A QRw BRA+ SJO )9O (/-18'72 (TRY SNrtrr, (r R7 PAA,rs , st�Y. -r, HOf.S COLe Dz3S00Sj TIES -- IS 7,00 VoAi 1(Altm&Aj x100 ZriVIro6 c.A. q?,4M (9vq) 62'3 -ST%, wf�t - SAw.i Al R25 4E7ruC.CAJ LTSTCD OA-rESI r1r+t55 clSreA - ',V8SGGTS C4+TbR TivTO A PMySrt�IL ALTUOVrLOA+ ra+5rud THE nT3 trLZ p. u Pm. A82rJAL L C1RST GOA7rAS.TCG S -2 IV'j MA"&A13Ar' OVIS.FAC TNG BAR. ria AJAS Aw4rcV Awe 1466 A 8L000 SmC44 ACAys, TNC GROA,r OF YSS xmror MAANG•A SAT _ SfAfCO W6 wAi Srt"brAJG. APPRO% V -4' GROG. )AM GIA!LFt,rY,JV4 ( vS'Gr 6grrs) AGAPuzr THE l SECpA+O FLOOR KASLrN4' AOtACC —r TO rNC OAP.VC FLOOK. A4AN&Ag4r Of?Si0 QCTTS r'rrR.Y 3AGt(wAL05 SVCOEAJLYI ^'HCA+ NOTTGC:O S- 41v-7. GASTHtS. ,ueAr TO HER, JN4N4.a8Ar C,Owx4oy m S.ATTNG AA+b AS'A611 i+fA " w;N r SSAPPCUW! '. GATTNE THVJ THROWS A OE.rAa1L ova Ar4w(rA6A7' f0 IN4IVIAJS4r 4uiaG NGS 44r TNd OuC., Su rNe AJOS6 wlro A CLOSED efSr, MAN(.Ag4r rweA fEALSLEO -roar Pem Fla add." SrRvrr rN r4e FAGQ &_6 86LSa.J6e rNAr Ss woy SHCi NAG "Tekj(t:0" QACXwA.M 6AirH6 wA3 iwa" asengmh AWAY FRO•- Td6 sre"e Gy Or$ p*T.eivDS. T TRF_A SPOKe re y -1 ei rn. sue srAraa Sad w4S. SrAA,e;SA:4 Ow 7we p.wtxfLeet wotw SHG WAS STiu GI( daNGC rN -r#C RrbHr GHEBK. ' QNrrs Z9. 6ASr4C Al rNG PL`RSmv woO STRVGK sect Bvf SN6 QroAa - -NO4 wuy. INC SfAr&b SNC lAo MEVE.t HAO 1M+y COaarALr wtrll 64rTHe PjUmL rb 7H6 jw4Me'vT; UrTf. wt ruTOXTCATLA AANS LOUL4 wo-r Ptov,Cde A4Y oer4ri S OR- wHXJ (� r CONTACTED S -1/ IV-'L GASrHLr W00 TOLA 14WV� ' 'run G.y Y" (RCrEAtzAe. TO MA&V+ ABAS, 4JALK&6 OdEt_ AAa(1 PVM4.4E0 tit„. fp,t Aw uwKAJOW. RPJSSOw. PtR OiG WuSSr3wAAaT (r,{STWC wAt SNTOKSLl.TGh Awd CvuLa A+OT PEOVTOO Awy Askr#6& 067ArLS. O:C, worSF.NAA.T TW_4N G4A+r*4rE'tl W -t 4bMfil woo 1S A ff%CVF O OF GAX'NCS, 60A 61; rAw G417ge 'AALKIArr_ ALYOSC rNa DAwLt LLOOM LAAR.ySA+b Two Q&SNKS r.4sT14C WOOS rb NAVd WOAdi r rrw A MACC Su4.T, (EOMCZ rO MAA16A44r AS r)ld Suds GAZING Lei 1*ALKrA?- 10 �OM62 TNY,v SEdt G -Af THE 'rWA'o of A DRI�+K- OA. rot tu6T M+a '111 Su4f PyAW_" GAT7NP rA T116 iA.CC Owd rSME. C -A1THC TACA+ pTSAPPE:AjL- SA+ro rldi GRauO. ,rug rA.VO(.VS13 SuBSCLTS DESCE90 PROSCCV7S0Aa 8V r' !%Oeee WJWZLL.T�b 7'0 AKE A PAS JArE PEIt SnNS Ak1CSr ' '� S-)/ of Z 6-Azraer REFLSan MecxcAL rRUrme r P'OQ rNE rA+ ,Arej MC SVIrA.17 64 Tp W.TS L01M62 (_t P. V-1 WY3 w4S 'rRGATCO AY AJ6Ge� P*UMtLSCr rat A LACa0,grZ0^o ANO _(wdLLrwb ro H9$_ KZ[ T GHECK. Wrt At rXAASPbdtM* Tb HOA& PeR AOQCTZan ^L AA .7_. Ofe- WW:171'NAti* T,OK POCA,COTb PXOrOs OF %VSTA> 6iN 2Y G`ALTHE ANe ReT7S FL- 11V P_ ro RRagewxry RCooxr - SAme DR's i I Supervisor Approvin ID No. Reportirig Officer(s) ID No. NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest Vi a Oporto E/ Central RD 15 DateMme Arrested 1 -14 -2000 0200 72000-421 R Number cting Reports by Type and OR Number Videotape of Arrest ® Yes ❑ No Videotape # 2987 Arrestee's Name -#1 Last Crawford , Kenneth James First Middle OC #�a 2T 93 J A `R, Charge (Section, Code & Definition) 10852 CVC (Veh. Tampering) R E Arrestee's Name 42 Last First Middle OC# S T Charge (Section, Code & Definition) E S Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip W Witness #2 Age Res. Phone Bus. Phone ddress City State Zip .S . S Witness #3 Age Res. Phone Bus. Phone E S Address City State I Zip Arrested By (Private Person) Age. Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest Indude Elements of Offenses; Note Nature of Evidence and Location Deposited: On 1-1 447)Q at aapproximstpl. 0145 ~r^ ww in uniform monitoring the oaront of the "Rn77" har exit from_tho bar As I ,.I watched d,n tmos le ving, I nhed the Deft and hit girlfriend walk R/R nrrnss Via Ppnrtn I nhth n limn length taxi driving F/B nn Via Oporto At the Deft walked past the taxi nhtrt the Deft reach with his wiiand and grab the taxi's radin antenna The n nem ' - - antpnnn down 'I The Deft rontini ied to walk behind the taxi as the taxi r - a h th hn r.e t ' ri ' inaware that thp rjnmage had h„ n ann., to hig i-hi .1p ;;,.a ,.nnti., ea ar. iming_rL of the aroa I contacted the naff and arrested him for vphirle tampering I smelled the odor of an alcoholic bey_Praaa no hit hrenth but he wpq not intoxicntprl The Deft was bnnked at NRPr) I reylPWed the ylrien and it dearly shows birn clannaping the antenna Allillftiol Involved? ® Yes ❑ No Location: The Buzz rvisorgpproving� ID No. 1lll//bb���� x Arresting Officer T. Harris,. Sgt. ID No. 432 Vacation Period i '+ Date rime Reproduced Clerk NSPe F0. 5.1 (Rev. 3.99) EXHIBIT Q NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT - - -a -rs -f Crmst RD Data/Ti a Arrest d DR Number /C v 35/S-o VZ A Pon_ r l � 1 / -! -99 ozov 99 -113ay . by Type and DR Number ^sv Videotape of Arrest Videotape # FZ�[l� PLt °���•.�� C ?c/'%•cr �.ct rt vw� it Yes ❑No �� �S� Arrestee's Name - #1 Last First Middle OC# vS(J S' SA 7 A Charge (Section, Code & Definition) R R Arrestee's Name 42 Last First Middle OC# E S KA A.ILC )e1Z - ry ?J -1'7 T Charge (Section, Code & Definition) E 1 /zesrsr Sr? ' '4 -�<<? E Arrestee's Name - #3 Last First Middle OC# S Charge (Section. Code & Definition) Witness #1 Age Res. Phone Bus. Phone (AFC- 0j/717 Address City State Zip n/• 13• P W Witness #2 Age Res. Phone Bus. Phone Ore- 'S- GiL'z Ad CD Z I�/H - Yy'1/ % ,/ 37 NAddress City State zip E A/• .Rn- S Witness #3 Age Izz Res. Phone Bus. Phone / S3U Z 9(/.7- E Address City State Zip S /�Z 2o/SLNSO,J 1Y2• i VSi�•� CA y77 Z Arrested By (Private Person) Age Res. Phone Bus. Phone /%-///"7 Address City State Zip ,Describe Circumstances Leading to Arrest: Include Elements of Offenses: Note Nature of Evidence and Location Deposited: Qnl 7i-I5 AfiovL- / z S TEl, inn r e4..i,r--% ire l_, 4+9 S C.��2KLi./G •t/nJ� F.�Y'�n PRr/roL Ati /l] l„ .a ( I /1,.//� •'� ti./ �/LJ...r Tl-iL"' � %3v7Z rr A r -KVC O VZA Pr�r>•�rl %� <G`yLCL t7FrCGt' ?'� _- R�- SAr[DS r_( S'C i r S Arin r l �rrr� A.cd,./�- TL7!¢'n/� A GA ?GJf rrzj;.✓n L Ganvr.l( 7'iJC /Z ail A r Gco '�./� T�r+�Lt• (.�iJrC Lt 4�,vr �lc�l T G ?o' orc.GLc 7%,,o Sv rcT L,o r-Cn Cwt', rtrc n � ( /� � /�. T A Y= I'l�J Agin 11 i _�_./ (✓ s1 Gyc o v • rr "u i9 r/ A ?T v r:ti r - ! (r • T �G A . 1 Alcohol Involved? •5iYes ONO Locati 9A 7W,9' v z 7 Supervisor Approving ID N Arresting Officer ID No. Vacation Period t DateTme a roduced Cl c i- Pozs�..i J �t tavo ions 5.1 (Re, IZO) l (( j �l 1 TlT) TT T Tl T RC 1i NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number J�P2�)lrAAArGG7 7 /=rz�n T/JL= Tr/ie�L: SvI�SfGrS A./J� c�JSSEJ7vLn -T SraG✓Sa.J 6,; r VP G LvSL- Tcy G�•Z Trrtc/t Aw//1 5 r.a>z r yL"��4znLC' .g r' /�rAn /ZFJ= 'r-AcY c � � — /1G..J t x , —L• ,./n �� >.ltS RrGilr�rA.� TUt..�Arrn S' L Z i r/ZL.4i ��cL< .g,..!/. Sr�lrr�i� PJ '^/G i4r /JLAnY Tl-/Ar /a u1..,r' 2i A1]�_TU Sr�rcr y L (r AGYG`�/1 A /J] r?A/3R len /*.P 67/• r.49L 1z3 c.; /•3 7 % / /LT S/1 Z- "Z r A �n 4LE/S i•'rAA l3AGrr At,...la-f /!!7 5AActtC A S Trro.vG a /�: 01= AAJ A C 11Ar T'/J/? /JJ/ 544 A�% frAS. AS h�l' 'c/4 GKSp^/ S/--J hr!G' Z I G"c/n Aw//1 SL,/7/t L`n /-/C 4rr4CAAj-7%e^ 7*0 J °ui.G iqt_ ✓/1 `f r� °nn n.+c.� iq,J/� trAGK /a L✓ AY Ar T /JL S l:PJ : ^/T —r r /A S OlSVLQV % ,ti AA L< ThrAr !�[i F• G ✓S :a -�.. Ar 146 L,-.4 AR!✓� T�7 GAnL / ^uZ /J 'An <<=LF OrL /-!rS Ut... i./ C�rG'r'Y. A S /a rr6tnprfn To PGACLC to rz4- -j Furt 6N7 (f J-c e" J-;GrG r•.+ —o xt�Js riv Jl J>EF. 1tA../ �.✓AG ✓L -A tJ /� A,.//� Arr�A�/�T�/1 TV /�vGC .��F TAG✓�r�J AALS Ar —lJ —k rrr c-c z rL -/f V�+d L�J� /� c`F• KA�.I� tAAAAL� h rn rL �f G A riAr-ri[_' A/J/� /3�! 4N i J ST/tVC�C3Gc� (✓:.1' /% _/31`GAAA't rt••TJ% OI! /`rG'L�/I S /�CF• /F i'I�.1L� L✓A S �yG�ivTvACC y T/i Kl..t!� CZ/SSrrrvcr� �Glgy a�Fce��S 2E!'Cir T� oFG• !'SAIZ S • — T rt ri✓Cr2 tti /�Ann.arr�r! /1 �/A hLr/ALLS OA/ /�[zr l�A,JL' S' ArrY1 t`.lr i1�r• TAG KIC,�/ LS rGrI� �JJ/1 ?�� /�F L A S T2 A,JJ/�u.rrLr/� /3Y UJ'C SC /l...ahni3 VlTC � SI ��• %./JJ1JGGr A T/i 6 SCt�.,./�/ L /..• -r�,� rr.. r. ..Z �rrJ /Q i�•i TLrLG /.J Zr I:�44::,. l•I� f-I/in A nrt�.3GL -.r.. r,.. �ri� J3�ri/ •�r rJJIAn t..lS��'II : � /!'� l;Art. i��' �ALI� /./[� /- ►GGrALtw/TA Lc: Y- /3'v n+�/7t� ",�.ry vi.+lf oI'e T /:trnn A,.//1 r /lL7 cnrJSC�i T7J46 A vr,,JAS l3tGV{z t /�2./�//'C A< //•ACC" LJ•i rs/7c11 liter 13(37-,'J J •An - ot[,r,� Jrn� rrcfv7. cG// Supervisor Approving ID No. Reporting Officer(s) ID No. NSPO F01m 0.15 (Rev. 10• %) NEWPORT BEACH POLICE DEPARTMENT. ARREST REPORT Location of Arrest Central & Via Oporto RD 15 Daterrime Arrested 11 -12 -99 0045 DR Number 99 -11301 Connecting Reports by Type and DR Number Property Report Videotape of Arrest ❑ Yes ❑ No Videotape # Arrestee's Name -#1 Last McClurkin , Stephen Kenneth First Middle OC# q Z 3 5 A R Charge (Section, Code & Definition) . 11377 (a) H &S : Possession of GHB. EArrestee's Name -#2 last First Middle OC# T E' Charge (Section, Code & Definition) E S Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Grijalva Edward Martin Age 23 Res. Phone (714) 556 -1922 Bus. Phone (949) 416 -9400 pager Address 724 S.Nakoma Dr. City Santa Ana State CA Zip 92704 W I Witness #2 Age Res. Phone Bus. Phone N E' Address City State Zip S Witness #3 77es- Phone Bus. Phone E S Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State I Zip Describe Circumstances Leading to Arrest Include Elements of Offenses; Note Nature of Evidence and Location Deposited: I wac driving west brn and on Via nporto when I caw witnesc rr iefv2 standing next to defendant M ..Iurkin who was spatprt on the fountain wall dirprtly anrncs from the " Btv7 " har HP was Pxhihi(ina signs of intnxirntion indiulinng swaying nnrl dropping his head forward I rontarted the witness who told me he was trvinn_ to net Mr.C.lurkin info n rah He said the stlhj prt would not r wand to auPCtions_relatina to his identification or his address 1 attpmptpd the camp type Of questions and wac unship to gpt rp snorts c H�gnly ask " what's that " I noticed his evps were hinodshot R wafery and his pirpifs were dffafpd f did not cmeff anv afrohn- heveragp on his n rsnn HP wonid drnnJ]IS head andhP- shaking He did_this several times in iust a few min des Cant Alcohol Involved? ❑ Yes ® No Location: Supervj�or rov g ID No. Arresting Officer Schomburg TH. ID No. 808 Vacation Period 1. Date /e/TimeeJR oduced Cle _ �. NHPD Form 5.7 iRm }991 >cvnTDrm `.J J 2IJ NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet 4Pago. of Report Booking No. DR Number st Report 99 -11301 I began to suspect he was under the the influence of a substance other than alcohol. For officer safety I had him stand and conducted a pat down search of his outer clothing for weapons. None were found. However, while patting the right front pocket of his pants I felt a small hard object. I asked him what it was and he said " G ". I asked again and he said " GHB ". I removed the object from his pocket and found it to be a 2 oz. " Schilling " vanilla extract bottle 1/4 full of a liquid. I showed the bottle to McClurkin and again asked him what was in it and he responded " GHB ". At that point I summoned Officer Spencer Arnold # 1008 who is a Drug Recognition Expert. He asked McClurkin if he had ingested GHB and the defendant stated he had. He said he had mixed it in Coke. Officer Arnold concluded by McClurkin's statements and symptoms that he was under the influence of GHB. I then placed him under arrest for possession of GHB. I was concerned for the health of McClure so I asked him exactly how much of the substance he had consumed. He told me he had shared it with others in the bar but it had been full prior. He estimated he had drank half of the 2 oz. bottle. I kept a close watch on the defendant until the transportation officer arrived. He was oriented enough to answer questions for the booking sheet and never lost consciousness. Officer Bruce Tice arrived and transported McClurkin to NBPD. Jail. I booked the vanilla bottle and its contents into evidence locker # 64. n Supervisor Appro ' ID No. Reporting Officer(s) ID No. Schomburg TH. 808 NBPD Fq 7.15 (Rev. I N °WPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest l�lA- VPVX --Ca RD Dater rime Arrested 10(141-911 2-32-C DR Number qq- Ii74f?i Connecting Reports by Type and DR Number hj O N�c- Videotape of Arrest Yes No Eg Videotape # — Arrestee's Name 41 Last First Middle —�— Ct (L( STOiti1Fr�/L 7 (SFr -r 1 rQA-rj OC# Charge (Section Code & Definition) /( �f-1 -F� [-d�L CPv(3UL �NTo>t /L Arrestee's Name 42 Last First Middle Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section. Code & Definition) Witness #1 L�>✓t a D,�aI z2� Age - Res. Phone - Bus. Phone q Uq (,Z 'E,-L1 Zo•U Address 3�-i so City TJFC, .Pefut- .3tS;P� State 44- Zip 1�ztato3 Witness #2 1 Age Res. Phone Bus. Phone Address City State I Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res.Pnone Bus. Phone Address City State I Zip Describe Grcumstances Leading to Arrest Indude Elements of Offenses: Note Nature of Evidence and Location Deposited: -- d� Ti.�t�t USTi�r -.G DA- T�ITii�+r� I u-F'S fGSblbNrcG i% yNr�_✓Z!" -r flATi�c?L_ I/J174 AA4 Pa4L!'c ,you, aTu a r� c�ir� /u�Te.4L_ I O&e'r_2 -��I L f� �T• (.wG�� �uZ"iI'1� �I�ZZ L�C�I.. Nllx.tTLLvf3 �SLofZJi � r� S�L'�1Pr�T ��PT�r -i? 1G Ti �i L: ?-S r- rcicT, 44X`1. F' r^'t TS-`a£ N i lz W T GW(3 . �- i%+-s• L 1-4� Pali L�tSoP -tr Tr'rL -�%ti= r�G A-60yT L-t! M. t -(� Ctz> —(U1 f JLvI�i� 144- I-la,, + (,�.�y -r C-.v4-rT A4ou-r � rr _1 �.4 _— �rffS....._..- J Alcoholinvolvej WYes ONO Location: -rye LZZV7 rjILyT (�,W(3 Supervi A ro in ID No. Arresting Officer ID No. c, r�roy Vacation Period Datelf'me eprpro uce Clerk LO 1 0 0 0 �er� rwm i.l ItIN. lL `Ar H J `) H T R p T J�{, Page No. Type of Report AML I Arrest Report I low ,7— Im Z Nr,vpoRT BEACH POLICE DEPARTMENT , Continuation Sheet No. JDR Number �l�l- to�la�1 n. T, e n A G r_ !\4/1.rrJ -MI-0 m6l -M,6-T T13L% a) ZZ �rcL.�SF� sr4 -,cam psc,T GIB L./-S _"rDa LSC7 Tpcx� wry Trio -T AAU, -Lod-fz al ecA L�lw(T' ZPc. 644- -f 1>A FLtlr�f�� "ri�✓(�G TL T "As flAI:frNC� ST<Z� >LTVQJc bFi7� Tt7 AtL I � r-� � i yT �I�TTr -(lr�d P- STt�oN tT «/=o e• r� Grl pt-Co �lol -t L 6r�! �£ N (r Fvz awe r k IS T. >?U PZzs• o N . 4� t.:.-S a o UI U, 4� • P!9-- J :1k l fl, 14 '6 t ,Ug-,f % , 4U. -LA1D u� JA.4 5 Af�NU�t�s //IbID� ?Z�lg 6u ZZ fLnlm -rY D vF TI x.4& A7tic N:� dA o -7 r 1 Z oz. i D K� vI-d Y%LL T irk Z F 7J r�- L a L r3v7 ?r1A-7 cr-� t�lL )�,PP A:,R�I LJ (J\IeL, lrj C T,-C, Aries F.VTLL f�D r„oT -TSUr V � w u e : -T' 1-I4e, rin c Gh7'(, -c,T L- L l- UDC G LS V&Oe4 IJN L: +7-_ Fr1/ I ru T = T p,.j ! Lr'y -L, —, ??uc r sv Cr Ate,, P a V ItJtiIGATVri: �I.SO�'1 7� . — r I-I -,'t> �,rv�.rzr7l s ay Pb- -U , I f' L+fi�s M cPrn�lo, 1 -rL).d,T f,-.4.-� -rbr nj/ ejNIL ID LIHI LIL -4 DI old IoNOVGT, "rIZp,J6Fc �tO TDrJZFD !bI upervisaq �r�/ _ ID No. R orting Officer(s) ID No. �I G/ ref %Jfl�(/nscu �, -r. voy 3 `l N- -WPORT BEACH POLICE DEPARTMT ARREST REPORT Location of Arrest RD Datelrime Arrested DR Number U Connecting Reports by Type and DR Number Videotape of Arrest Videotape # gl Yes p No �Y Arrestee's Name 41 Last First Middle OC# t Charge (Section, Code & Definition) (J 1(F—� mac.- ��:SL Ly Arrestee's Name 42 Last First Middle GETE DEEi QTI# ONLY N —r Charge (Section, Code & Definition) PIER 849 8( / 849.5 PC e' Arrestee's Name 43 Last First Middle OC# F Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip Witness #2 Age Res. Phone Bus. Phone Address City State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest; Include Elements of Offenses: Note Nature of Evidence and Location Deposited: • W r,1` --- t✓�)� '�_lN�r � 1i_�...�- . —l�:ii ��•'('�2 -C7L ..._-�. �-- -- �----- !-- ?��-C� J�� ��- [�zZe - - - -- ��L .__.._. i -D ....... _.._wA5 _.__..._. nin Alcohol Involv. d? ® Yes ONO Location: upervi or pr ing ID No. Arresting Officer ID No Vacation Period �I DateTme Reproduced Clerk /o 88 NUPU 1. 5.1 (Rev. 13 - %) INIVERAPAIJ 0 0 &1 N -WPORT BEACH POLICE DEPARTMP "T Continuation Sheet Page No. Type of Report Arrest Report Booking No. OR Number I m S 0 g5 r) dL1 1 fib- �2 �.wC rte' AQC�� aJn A%A—sg w��J 1^oS�� ICL -�n�r MN C SD +._; 1 ti Th�� I c�35 �/t• wA5 i"^�'�2c',�- ''\. =L�i 5t_.. =�� �•.. = -1 SLVRlZr�i I LL�.t�fl Srne:� 1Z�C 'c�>'T c�-�r C�1�'s^�"7... O'er • ,�-� Q' 4U� -1i� -I G � /C�i�� L � S = � S�lrn'�s �x�15 O� ='4-�� I�+(��-n�X�cA'� �� . ���1-'C2, ♦�����E � 1 YC � , �•��� L� J �L% %��J � � -\ `'lam^ T� \ 1J�.� � i��S r) c1Zt3S T L ,u5- J ..V r rr7��;r.1."c -a c.,r ' b.l�,)�.•G� N �` CC�^�`�Z�"'�• 4'�1p n .� _ NVr' o�= cam• o�i�� -S 1 '��Dc� a� � „-��z pe�� �c.,r� 7=1 �TctJ � '_�{ TLL�R•,i5�(�- :i'�'9 �� � T17 ?�l�'�� � �� _SIJ���� Ulzl TION ONLY ttl ARRESTED PER 949 , o�-n�a y 5P db Superviso ID No. Reporting Officer(s) ID No. N6AD Fom, ].,SIMV, ,496) � r NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest 3505 VIA OPORTO RD 15 Date/Time Arrested 8 -7 -99 0100 DR Number 99 -7870 Connecting Reports by Type and OR Number Videotape of Arrest [-]Yes ® No Videotape # Arrestee's Name -#1 Last First CHRISTIAN, JONATHAN JAMES Middle OC# Q R Charge (Section, Code & Definition) 647 (F) P.C. DISORD CONDUCT- INTOX ALCOHOL .E.' S Arrestee's Name 42 Last First Middle OC# T E Charge (Section, Code & Definition) DETENTION ONLY E S Arrestee's Name -#3 Last DEEWJ%tNOT ARRESTED PER 849 B(L' ) / 849.5 RC. Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip W `.,r Witness #2 Age Res. Phone Bus. Phone T E. Address City State Zip S S Witness #3 Age Res. Phone. Bus. Phone E S Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Desaibe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: WHII F WORKING I INIFORMFD TRAFFIC I OBS D FT I HYING ON HIS BACK ON THE I FDCF OF THE BRICK Fnt INTAIN IN FRC)NT rlF THE AROVF t o(I nFFT wAC RAQCFn r)l IT 1A/ITH,', r i ASR OF Rtjm & .OKF N XT TO HIC Rtr_HT CAR IT TOOK MC CFVFRAI ATTEMPTS TC) WAKF nFFT nFFT gTXTFn HE HAD PFFN nRINKINr IN "THE RI I77" RIIT HF rnT RFAI DRUNK SO HF CAME OIITSIDF DEFT'¢ SPFFrH WAS SO CI I IRRFn IT WAS DIFFIG`IILT TO I INnFRSTANn WHAT HE WAS SAYING DFFT HAD A VFRY STRONG` ODOR OF AN AI rOH01 it RFV ON HIS BRFATHI PERSON AND HIS EYES WFRF RFD AND WATERY nFFT NFFnFn AecICTANOF To SIT lip ANn WAS UNABLE TO CTAAID IA /ITHr�I IT SI ID DrIDT nCCT 1A /AC Crl IAITrIYIr`ATFn HF 1A /AC t IAInR1 C Tn rADF F R HIS rNA /N SAFETY OR THE CAFFTY OF nTHFRC SO I ARRFSTFn HIM FOR 647 (F) P C DISORD rr)Nnt IrT= INTOX Al r`01-101 nFF T WAS RnOKFn AT N R P O ON THP I IST n r.HARCP Alcohol Involved? ® Yes ❑ No Location: THE BUZZ Supervisor Approving ID No. Arresting Officer G. WHITE ID No. 573 Vacation Period L' DateTme produced Clerk l �.J �J NSPOF 5.1(R .MS) I EXHIBIT I( NEWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest 34 VIAOPORTO RD 15 Date/Time Arrested 7 -31 -99 0030 DR Number 99 -7573 ng Reports by Type and DR Number Videotape of Arrest ®Yes ❑No Videotape 15954 Arrestee's Name -#1 Last BRUMMER, , MELISSA DAWN First Middle DETENTIO OC# Cl `1 A R Charge (Section, Code & Definition) DEEMED NOT ARRESTED 647(f) PC (DISORDERLY CONDUCT /PUBLICINTOX/ALCO f ER 849 B(�L )/ 849.5 P.C. R E S Arrestee's Name 42 Last First Middle OC# T E Charge (Section, Code & Definition) E S Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip W I' Witness #2 Age Res. Phone Bus. Phone E dress City State Zip S S Witness #3 Age Res. Phone Bus. Phone E S Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses: Note Nature of Evidence and Location Deposited: ON 7 -31.49 AT APPROX 0015 HES , I MONITORED ITORED A RADIO BROADCASTOF A FIGHT BTWN 2 WOMEN AT THE BUZZ NLGHICLLIB 34;20 yIA OPOR'[O. UJ?ON My ARR(VAt OFCRS WATTS ANn C.ARRITY WFRF SPFaKING_WITH SEVFR__ALMM N AND THE Nf( -,HT • t tB BQUNOERS MY ATTENTION WAS DRAWN TO THE DEFT WHO WAS LOUDLY ASKING "WHAT'S HAPPENING TO MY EEIEN02" SHF Al SO KEPT ASKING OFCR WATTS 01 I STIONC WHII F HF WAS TRYING TO INTERVIEW OTHERS_T2 DETEEMJNEJE- ANY —CBIME HAD RBI f'OMMITTEIh HE ASKED THE DFFT TO STEP AWAY A CO [ JPI F OF TIMFS BUT SNF KEPT INIEREUP—TJLLG _AND_tdl_O.IJLRNQI-SIEI? BAC1S_ 1 Involved? Z Yes []NO Location: THE BUZZ 3450 VIA OPORTO S rvisorAppro ing ID No. Arresting Officer ID No. � 1 D. MOO 540 Vacation Period t♦ l Dat 1me Repr duc Clerl( ED � 38' NBPD Fw 5.1 (Rev. 12-ky T V U T n T i A NF -WPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No_ 2 Type of Report 1 Arrest Report 1 Booking No. OR Number 99 -7573 LTHENASKEDJjE1 - 0-SlEP kWAY-S9SHE_OEFJCERS- 9ULD -D.O THEIP-J.OBS,_BU_LSHE- EF- USED,_SAYJNG n- HUGS _LIKES -ULTHAT'SMY- BEST -MEND= AND= SHE.DIDN-'r-DO ANYTHING "JJ= SCORTEDJJERAWAY -EROM -UiE_ GROUP AND IT BECAME-OBVJOUS — MME-IHEDEET- WASJ= XICATED-H ER -SPJ= ECI-LW,ASJ_OUD- MD..SLURRED` HER EYES WERE WATERY ANDJ3LOOlaSHOM- SHE- WASSIN_._DADY ONJJERFJ =ETJ - WAS-ALS- 0-A2PARENTZO -tE_ THAT SHF MAY HAVE RF_FN INVOLVEDJNTHEORIGINALALTEBCATJOLy- SOJ_STARTEDSO -FJLL OUTA -MFI D INIERMEWJ"ARD SHEGAVEMEHER NAME RIIT�S ED. HERADI) RESS- OE- OSHER _INEORMATJON_SHECONSTANTLY- ANSWERED MY-QUESIlONSM IM- O.UESILONS- OEHER-O- WM- ;HEALS.OJSEET -IR WG TO- RETURNAND-F-tNQO-UT_WHALWAS_ HAPPENING -WM HER FRIEND IT WAS9BVLOUSTQME c HE-W AS_ DRUNKJNAJ?UBLICJ?LACF- AND_UNABI F TO CARE. EORHER- SAEETY_O.R TI:AT -OE9SkiERS._SHEA_ LSO- D. ISAGREEQTHAT _SHEWAS- DRUNK._SbEJNSISIED -SHE WAS -!J T LCATED " NOT DRUNK-LPLACEDJJEBIJNDER ARREST-= ORfi47, .Pr- F_ URIHERJNVESnGAIL ONJREVEALEDTHALONEOI =T.HF DEFT 'S -EEMALEFRIENDSSiO-TJNT- O- AMINOR ALIE RCA- ION- IIIHABOUNCER ,.B.UT_NQO.NEWISHEDTO— RO. SEC- USE-OEFICEBS- KEET-THEP_EACE.AND CLEAREDTHESCENE OFCI- D-CgANF TRANSP-ORTEDTHED .EFTTO_NBPDJ= ORB.O-OK1NG 'TED pE ME,- cOS r: Supervisor Approving ID No. Reporting Office qO ID No D. MOO 540 ��l NBPO Fpm 7.15 (Rev. 10.%( J b J 3`! N *'*/PORT BEACH POLICE DEPARTME ^?T ARREST REPORT Location of Arrest RD DatefTime Arrested DR Number �,4 Ot�2r� /CL r< r/ //+ 7 -25 -99 0 000r F3 z/ 1IMiecting Reports by Type and DR Number Videotape of Arrest Videotape # &Yes ❑ No /(, 233 a Arrestee's Name -#1 Last First Middle OC# ~ Ti Si47 M e 1 C.L�'rLM O Charge (Section, Code &Definition) Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition) DETENTION ONLY ricc Arrestee's Name 43 Last First MiddlePER 849 B( - 849 BC# Charge (Section, Code & Definition) tness #1 Age Res. Phone /Y Bus. Phone Mln& � } fll2a, ri, 23 $N2— / &G — City, 32 �1t,7-0N 5i ZaI -DST7a Me514, State Zip 9262 �- tness #2 ge Res. Phone Bus. Phone 3 7/� dress ity St�ajte� +` Zip �Z4/0(wo [Address tness #3 Age Res. Phone Bus. Phone dress City State Zip rested By (Private Person) Age Res. Phone Bus. Phone ddress City State Zip Describe Circumstances Lead in to Arrest; Include Elemen�s.o� O�fe s; Note tune of Evidence and Location a osited: Z l�rLs�. �i a OPa2�a - -- -?f¢ -- v �� 4ZOA- 6— k�i7'?7-1 Or�j ?� s !N__ /2t- j_ .. — — > _._vPa- !%/t?_ %/'�t�//l T_ 75�?�1i Gt/ra'vlli' 6 r'YY -- - _ SMv cam,- - �T Sol Involved? Yes ❑ No Location: //77-/'C- -1-3 t✓ Z ; 2 '� 3 Sa Supervisor Approving ID No. Arresting Officer ID No. Vacation Period c � r51� 74717S — tl DateTme Reproduced Cierk 5.1(Rev II -%) IWAIMSMIMI qD NF_%VPORT BEACH POLICE DEPARTMENT ..ONTINUATION SHEET Page No. Type of Report Booking No. DR Number Al p �rtti r _ UE ENTIni ! /! . NGT'l F-R &S _ c r. is it Supervisor Approving ID No. W01-1 Reporrting/Officer(s)) ID No. I NBPO Form 3.16 (Rer 1696) I 0 if N- 'VPORT BEACH POLICE DEPARTME ARREST REPORT Arrest RD Date/Time Arrested DR Number jPORTO @ CENTRAL 15 7 -25 -99 0100 99 -7323 ecting Reports by Type and DR Number Videotape of Arrest Videotape # NONE ❑Yes ®No Arrestee's Name 41 Last First Middle OC# ' LISOTTO , BRADLEY JON G A Charge (Section, Code & Definition) R: 647(f) P.C. (DISORD /CONDUCT, INTOX/ALC IN PUBLIC) R` Arrestee's Name 42 Last First Middle OC# !E S T Charge (Section, Code & Definition) ;E= S Arrestee's Name 43 Last First Middle OC# S Charge (Section, Code & Definition) 0STENTI0P4 ONLY Witness #1 Age Res. Phon4EF 349 1 '^u e 4y. P.C. "[ Address city State Zip W yl Witness #2 Age Res. Phone Bus. Phone dress city State Zip E; "S Witness #3 Age Res. Phone Bus. Phone S. E Address City State Zip S Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest Include Elements of Offenses; Note Nature of Evidence and Location Deposited: ON.THE.ABOVE -DATE AND TIME,.I OBS'D DEFT LISOTTO.INVOLVED.IN AN ARGUMENT -WITH A SECURITY GUARD FROM THE "BUZZ" NIGHT CLUB IN THE MIDDLE OF VIA_OPORTO_DIRECT4�]N FRONT OFTHE.BAR._WHEN I AP_ P- ROACHED-TO_ INVESTIGAiEF _URTHER,_I..O.BSDTHAT_THE_DEFT WASBEFSISINGTO OBEY_THE- SEC.URLC OF_EICER'G RMUEST_TO-LEAVE -THE. AREA- LC. ONTACT. ED_ THED. EETJ ANDIMMEDIATELY _OBS'D.HIS_EYESWERE- BLOODSHO.T_AND_.WATERY,..HIS. SP_EECH..WAS_VERY_SLURRED,_HE HAD..P._OOR .BALANCE- (SWAYING).AND_HE.HAD__ THE-STRONG-ODOR OF AN ALCOHOLIC BEVERAGE.ON HIS.BREATH.._HE_ SAID... HE_HAD.BEEN.DRINKING.ATA ..... . ... P}31VATERESIDENCE.AND..NOT_THE "BUZZ. iHEDEFT_ WAS_ INTOXICATED-A ND- HE_OBVIOUSLYC.O.U.L.RNOT_CARE_ FORHISBAFETY_O.RT}1ESAFETY OF-OTHERS..IP LACED_ HIM- UND. ERARREST- 9ND1jEWASTRANSPORTEDBY OFFICER T. LONG. jftl Involved? ® Yes ❑ No Location: PRIVATE RESIDENCE 99PIrrvisOLApproving ID No. Arresting Officer ID No. Vacation Period �! r l) DateTme Re duced Clerk SGT. C. FOX 571 -- l NBPD Fam 51 (Rn' 12 - 96) P X u T n T T I�- NVWPORT BEACH POLICE DEPARTMENT ARREST REPORT Location of Arrest RD Date/Time Arrested DI;mber,,/,,_ Vs n- o C2- 0 � "=;-) ' t'2AL � � -7 1 -i19er Connecting Reports by Type and DR Number Videotape of Arrest Votape # n p Yes a No Arrestee's Name -#1 Last First Middle OC# Charge (- S•�eccttion, Code & Definition) CSI / l!� G / "� � ✓.' J(,��!.lJi''FrLL. � Cl�l�ii` / f���1' =-C '_ %/\l��'\ Arrestee's Name 42 Last First Middle OC# NFU i? L C 00 I S Charge (Section, Code & efinition) r. 61 "S ...') r%? Arrestee's Name -it3 Last First Middle OC# DETENTION C` Charge (Section, Code & Definition) DEEMED NOT ; PER 849 8( 7i) / W' Witness #1 Age Res. Phone Bus. Phone Address City State Zip Witness #2 Age Res. Phone Bus. Phone Address City - State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Des be Ctrwmstances Leading to Arrest Include Elements of Offenses: Note Nature of Evidence and Location Deposited: Cl- r � -, .._,1 C � i "'"' _ri � �'� /,jrT. Cr/Zrz �z�i Aiv� __C�sl �2L� - •-------- - - - - -- - -- _ Ely =" 14�� GU -4- z ,Z 77 s _._JI�S -/ �- _LL.�..c.bl!v•S_! =t_�'J /'�%hi �� % %J /J�l�_ J C' 3-. �.`- .l1_�.�_ /c�•_� /_�`'___.__. —... Alcohol Involved? ® Yes p No Location: P Supervisor Approvinm ID N Arresting Officer ID No. Vacation Period Dat !me Reproduced •/ /�y�Clerk EX H I B I T L ,-13 NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Arrest Report Booking No. DR Number ` /� ^ b6;` l S� (74/7:7-K2- e2 a-c,A ,-J C,^ A,Jl:) co,-j z,J .v ,!:;: /0: 7-0 e- j,)/qa -/.-) , /4(- F- 70 : / -ZF YJ )'rte' r-,/2, i ,zn) r4N %0 Z S1067K t LJ"' 7� 1 L✓ - L L .�A/`� ra ., n rj L /0 , r3a- _ 1-4 s 6,/ � : �C-'� I-J,4 n S^rn r.rJ!.- 000.2 (77.C' C^J AJ - e.CHOL"G <7 Ca ^1 L_/ ^_r L_G.'�.. /�� c r�.U� /t. //�'[..I �?•G�C..� •S ;7 %�•;� C-� /�2�' L✓f1 S -7! l � G!-t. ,a�/O �L,/2,2 r'"/.�. /✓� 7 /- ,rrs2. L,i'>[.L7/~}�+3 / &7/*L n/!r/ JrnnL%, COULQ S " "!7�`/��/CJT /Jurz' /7 /iCJt•'Y"/2A L',^7 =^17 4� ? ( "'' d `r'�?GD r D : l.! L✓2 L L L. l i ea^J 0 n.l ,t L./ /Sot :y C t- �NOL✓L�i /-0 .�Y� �A4 7-'7' l aAIO ? (. c? rn NA S /V C.r 1 r2:� J"i�/ �. " '.LI, r'JfZ12,z STl�r7 c_.JZL!�.AM� An /!> ��c. ✓�UC_/7 r"r7.2 Y�'% �' r^ r'r �,'•�3'� C Y r' ^r.J�3 /JCi' �Lr r / ""' C_. �'n✓"` i• : � ��r7 ;'"�_'r:?:til. , Jr, L �- '...41 rVl. S /�Ir�J� r ^.• �(. -J �� Gi_%� �..:' �i.�.,!Z l:ii'•✓',J._ Y"✓- /`� -��� l� !y!� r —rJ �:I�.rJ fZ G'JC''Kr ✓J C%nJ '�l�Jt j. / �' `'.1/�"%� 1-11Kr"l A7 :S:r •.s•�T P.G: ��� Supervisor Ap iroving / ID No. Reporting Officer(s) ID No. `fin. 2 NWO F. 3.15 (A*, 16 %) ° 0 YwWPORT BEACH POLICE DEPARTMIT -T ARREST REPORT Location of Arrest RD Datelrime Arrested DR Number VTA OPORTO /G�.v72P,L S t,-27 -4`j. OZ� 9Q —Z4 F4 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # /vOA.;(5 (g Yes ❑ No 114; Arrestee's Name 41 Last First Middle OCL#/71 =n7t LAM Y', OANw j W X L L:rA ^I (O S/(-7 Charge (Section, Code & Definition) &4) 7 (9) P. - p'ZSOROCRCY GOwr ��' PVvLSG 1NTOX - ALLONbL Arrestee's Name 42 Last First fiddle O N OC# 11 0N . Charge (Section. Code & Definition) G 8O %01 Orr 817/ Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip Witness #2 1 Age Res. Phone Bus. Phone Address City State Zip Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest; Inaude Elements of Offenses: Note Nature of Evidence and Location Deposited: ----- ON a_L /. I-/ A! f,j••:�.7k— :•1 ;i_ �'�'- ' :NAi lGNr uGiS�':r L �' S.t� =6 P mp. =!lpT LA if 'r, at ftP luwl i0j t !L N;rl = 7RELL. WN.1:.j_A�A1� A/'PR9A�_I�p_LgMPZNL• DSO.vi Md " Ns� E.tr ^oeq - -- �"J_.ELOA,i O� T!=L L�.P2 P1J�_'x?_Al<yl) %;�'J.�iA:ii.__- v2l:L.gT= 'C%�•! '?IaSSQ =A� Lt/C. YA ZA R O i/J r(OA. _-wA Vnj ±t- =' --- - jrJti Alcohol Involved? B Yes ❑ No Location: Supervisgr� ID No. Arresting Officer ID No. Vacation Period • �, i! f� N /-�' 1� I Daterrime Reproduced Clerk •. NBPD Fam 5.l lRev. 12• %) Y l l Jl B R 1 J 15 NEWPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Arrest Report Booking No. DR Number 0 d „ S4 Sr.) IMW eOa Two M *" 'r'S tA* rc r. elP _,dr1P7.V�l Tu- j6:cr, Ay w :• •.0 0 T r.:: r. tl r. V, .. G... ., t,i Cf_y!w w/ R oti V_A hP ^2 RaA 14 L1 ,�.�<<!_u Cr "IS c?) /_Aw pJ'Ay. ?J K24 •-Irf AA/,, O h.+TO THL" S7'R ✓_LT i. /T!: /_ATXOA/ ,1717, ."A1 R.PA.fNG.� S Mi1DC CON3AGT^ >�TTP^ /A:- .i'Sn±� RAF R£N:^! /��" ;•_'f"6J DURING- 'TLlr r!0/J7 A t. 7' ? T N'rOKSGATJ'fiN' RE ��WAT.1',Q OL+S I] "YA, rOLLew JA.(r t211L:71✓C: SYLP10�1 • /M. y,!$: _(vr, r. EO S /'e: !'L.ti' '�!F:rS'_VLT/ Vz A/ OL4� MA IN f.�7.e:.f..; (� VLJINCC, AAvu d or- AN A %L3NOLiG c:VE /Z1•GG Gr+<.z -r. ftA:L- Fcc F19S Rev A'�la DUE 70 CAPS P-:Cr1 lPIVrn s LEVEL of 7/070:SJC.A 710n Z F ✓lf NE wtI ii"AOLV Te rokcc sOR I)fS rw,c: .;APE 1y AA/0 �02 9Ht cAFETy OF -,nn4d'ea, • WLE OCALEO AS/� vA/Dt f Aei?W, roe ?ue. GJST EJJ Ch/ALfrE A'n.❑ fiQAn/s �o2;Ea NA:r ` 10 /J$PD TA1C fOle gooKSA b. p Supervisor //proving w'7 7 ID No. Reporting Officer(s) I D. K2ESGE ID No. ,1 /OLl6 1 NBPO Farts 115 (Rrv. qY r' -WPORT BEACH POLICE DEPARTMT P ARREST REPORT i of Arrest ,'344GQ VIA Qa` �� <0 AUK ,RD I� DateTme Arrest D &— 4- ARSO N ConnecU'ng Rerports by Typna� VI�Yese o❑f est `DRtNuL -tuber G 'T L l—P-i Ov ti,: �� i0 O�� N Arrestee's Name 1 - Last First Middle F-e O 9osa2 e Chha�rg,// e (Sectionn, —Code & D nition) � Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone DA GA SAC ��1>�1�c a�; 3 -4300 Address 345-0 VIA 0-FG1ZTo City 0a0;-W T i State :'fi Zip Witness #2 Age Res. Phone Bus. PhonelLJ14, aG — X35 -gSQ'I Address I City State N Zip 6'1`� VON 4KAW IzvWL Witness 03 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) /p Age Res. Phone Address 3 6 J t t Pp �To City N 13 State cA- Zi Descnbe Circumstances Leading to Arrest: Intlude Elements of Offenses; Note Nature of Evidence and Location Deposited: ••1��tZ ell- 17J7`7rfw: _A^u�.,s_. _jL_$_'�ir,�„ 7Y C,L"ii ! $rr3 i.T _�`y1J� (�f��'•yf'— `Vu`Lr./_.� '%Fi��— Lli`-0!SrS._�(� -p���r �Ri {} K��� t,9urcF- rnLdJ [%ZZcr ,yjr r*zr_ c!j!Zt! - -;� N 1•F�?'4�t�.f�. �w �� Rr€z�tr S�4 —ore h��.Cit�o(� —P��r; _ �E��?4cYL— ��•2 —�4r- /0 '.sue r'F .�_3_#?2_c� � CEZS7Pt-f-4 10 RiRrE Alcohol Involved? 3S as p No Location: $ . .. Supervisor AgNpW 10 No. Arresting Officer IUD No. Vacation Period Dat ime Reproduced Clerk l b NBPD Fam 5.1 (Rm 12•%) 11, q • T' ''PORT BEACH POLICE DEPARTMF ARREST REPORT Location of Arrest $to VLY�* opOrzT�7 �.� RD lS Date/Time Arrested (,-II -Rq 'ZlUr DR QQ ecting Reports by ype and DR Number Videotape of Arrest �No Eumbe VidepYes O Arrestee's Name 411 Last First Middle V.1�L- zT��RSz 2oi3nA� t2ratitw.oal� OC# `�0`f27 Charge (Section, Code & Definition) Q iztxAJ Arrestee's Name 42 Last First Middle OC# Charge (Section, Code & Definition) Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 (t- S- r Age ya Res. Phone — Bus. Phone Ulf -1,1 Address 3�ib �t,rs OP��tO tELtcS� City p�,3. State LYE Zip Witness #2 Age Res. Phone Bus. Phone Fkddress City State Zip Witness #3 Age Res. Ptfone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest: Include Elements of Offenses: Note Nature of Evidence and Location Deposited: \ j 4 T 4=1 L4-JC. era �L -A-t¢- LA IInvolved? OYes 0 N Location: 47c' Supervisor pp rvin g 10 No. Arresting Officer ID No. Z Y Vacation Period Date/Time "produced Clerk H. X H 1 K 1- 1- ly> F `WPORT BEACH POLICE DEPARTM- "T Continuation Sheet Page No. 2 Type of Repoli Arrest Report I-tC Booking No. DR Number r� . ;L. T 5 I�Lvj i'tia �-t 11,;— y �t�tr t�..JtL , l Ste. a �• •{ Z. s "S f,&L ZZ6 Z w r0-A-i tf 14 a AfLct l d.2_ Ru( \� lk i LA tL tAA P,.;— IA r-+'J wui+ rJ 7%AroJ 1 A* t�r1 t31 �+„JCe (�fJCe 5rr-wi-br U IJ,E. A-M'oe;-r�� x4z+:uj rJ rLk . S �.� 'n Rw��•J i� rla it 6 rc T �n�� S y.nl /� 3 LC. To e yuR- �V rf -74.%c- WET y.1J1L�G> p- T\ t�L1c'a� W-E UZIa F z. a o '71� K, T A-C.xzrL, a.01) ;U4 4Z Id "ZL,� �wv-•T �,.J fa S '�1f =--rJ t � 0 R.Ti:.t1 Tip n1 g P 0 �- �Ja1Li�� w1D Supervisor Approving ID No. M Rep rting Officer(s) ID No. l� �� p v. 2.zyc S -L K NBPD Farts 3.15 (Rw. rQA) 0 J 1 J N9 P VPORT BEACH POLICE DEPARTM ARREST REPORT Location of Arrest RD Date/Time Arrested DR Number S0 VI "51 vvo�7 -0 (UUz z 1S s /6 9� DOis 59 -yvvy ecting Reports by Type and DR Number Videotape of Arrest Videotape # 0X I/K jZc`P0/L7 p Yes r$No — Arrestee's Name -#1 Last First Middle OC# D I P1 G %)AM0N10 NNTI9N ONLY A ?C [53 Charge (Section, Code & Definition) u NOT ARRESTED PER 849 8( ) / 849.5 P.C. k Z � C . ?3A iT'E �'1- Arrestee's Name -#2 Last First Middle OC# C arge (Section, Code & Definition i Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip Witness #2 1 Age Res. Phone Bus. Phone ddress City State Zip Witness #3 Age Res. Phone Bus. Phone Address ity State Zip Arrested By (Private Person) Age R�e/s..�Phone Bus. Phone //� (`// 2 /a. %;n Address City State Zip Descibe Oircums s Leadipg,to Arrest; in dude Elem nts of Off ns Note Nature of 7E dence,and Location Deposited" - __t c t P'i (C ✓— �LZ� ..'�rr„s_c - —f_/� �!y4a, . .r sf4 - - - -� .. — c G S is C'- -Fr n r w � C d ear^ �{ �— c ` { !,- /- /� G Fn'1Cc�n /' � -- _ c ------ �}- � �!_ CC Q I Involved? Fd Yes ❑ No Location: Y5-0 t/ /A Ood/� Supelvjsor ovin ID No. Arresting Officer ID No. Vacation Period �5 (I Date/Time produced Clerk T, N - ')'PORT BEACH POLICE DEPARTM- T Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number 4'7_ yyy tiny' e-cc 1. _7 Ltie- q..1 ec: t r M, IN r� r ri/) U %ti �.hif ri :D- /lc mil/ -� . C �n �, —)cc G Sic- f r r r- nn d q b�i -. ? *1 L a %v f L 1 (`� rte. G :... � �' C.�� - -r•- e C.� �! � .t. ? -d Oy C)E _., raOZ ARR.n 5 PC. DE .09 n Supervisor App r ving ID No. Reporting Officer(s) J, I?) r'r)�rV } ID No. �[ Nt u POflll 3.151 10 0 I r/ ,l Y YPORT BEACH POLICE DEPARTMI ARREST REPORT Location of Arrest RD DatetTime Arrested OR Number o VtA opo&—o (Tv -1x) /S 51161f gwa 99- yysy Connecting Reports by Type and OR Number Videotape of Arrest Videotape # 0-/t�l 0ee)60x7 - _ Pitrhl'T- //arro v JAAtr..jr -oFC Iu oio ❑ Yes �zNo Arrestee's Name -#I Last First Middle OC# S,s+ro.vt aev�o Ow /6NT DETENTION ONLY /¢- `jp /�8 z ' Charge (Section, Code & Definition) R PER 849 8(� ) / 549.5 P.C. r Z y z P, c. �'��rrn `i= Arrestee's Name 42 Last First Middle OC# — F,?4.ve DETENTION ONLY PE;e 14 to ti e Charge (Section, Code & Definition) UCCIVICU NUI ARRESTED PERMS( ) /849.5 P.0 Z Y 2 P�. C. / =4 T%.t%�y 4 Arrestee's Name 43 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone Address City State Zip Witness #2 Age Res. Phone Bus. Phone ddress City State Zip e Witness #3 Age Res. Phone Bus. Phone Address City State Zip Arrested By (Private Person) Age Res. Phone - Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence s and Location D posited: - ..__—__— ----- �ri�.�<iv�t��' �t���..�tc r 7'�- L2<ifF.l mr!_�aJ -��✓ .±zE C�._�.i.�- -- ---- - - - - ----- ).<o,Z -___ �iY__/! c_�_�kEN %'l C , i,y� %L Cf FC�./M! �i ♦ +l�s . - t ���t(�..:.�._4�. 1'- �M� - _ ..___ of Involved? UYes p No Location: JYTV VIA upon T4 'OU-2 :B- Sup ery rA provi ID No. Arresting Officer ID No. Vacation Period Uate/ I jmqRe produced Clerk 5 9C �5�( All- noru N °WPORT BEACH POLICE DEPARTMT"'T Continuation Sheet Page No. 2 Type of Report Arrest Report Booking No. DR Number ?I _yyyy %• 5/[ 1w7e, .NG /1,',r %� G.a.•F, /Tr -Qi .r•wil OT.JLN I ION ONLY �STED i Supervisor Approvin t ; 0 No. Reporting Officer(s) a / P /Ere9A/ To.O-/�o ID No. 0 0 0 53 T VPORT REACH POLICE DEPAIMI •J%Ar ❑ TELEPHONIC ❑ BRIEFING Preliminary Investigation of: #art: R No. ❑ CPI ❑ VNI �i4T%E2 ❑ GSU Location of Occurrence RD Date & Time Reported to PD Connected Reports -Type & DR errs sv^aeevf­i, $O VIA OPOA -rte C-FUTZ S S11 Y T 5 Z J cl e lail /✓.1TF ACXS_8 •s IW, -.$r — sr ,,yFi•exrFc ccurred On Mo /dy/yr Day Time Mo /dy/yr Day Time Stolen /lost Recovered Est.Dam. ArsonNdlsm oreetween: S 1S f4 S/tr 23els & — — I = $ — $ $ —' Last Name (Finn name if business) First Name Middle Dob Age Sex Desc Hgt Wgt Hair 'Eyes '0I PIF7RANT01V1 L7 S7T-v1 '1V i01z,16s 3 0 /H C 5-:-yo /ltS ,v Dn Residence Address City State Zip Res. Phone 10 S 9 INAVv,�T AVt 011AA166 N 17-667 711y gol 6 Y59 V 1 Business Address City State Zip Bus. Phone C .T. Victim's Occupation Victim's Condition Veh. Uc. No. State Year Make Model Color(s) M 57V0EU7' -VCr LACt`tirT?4 E AFIA Notifications- Persons & Division Victim Advised of Confidentiality Provisions Per 293 PC? Cr Yes O No Victim Desires Confidentiality? O Yes 0 No Domestic Violence Related? O Yes O No Gang Related? O Yes O No Hate Crime? O Yes • No Alcohol Related? _ Weapon Involved? O Yes O No Weapon Involved? O Yes O No Weapon Involved? O Yes O No 0 Yes O No Name If Known - Booking No. & Charge If Arrested (Ust Addibonal suspects In Nana va) Dob Age Sex Desc Hgt. Wgt. Hair iEyes f //h t1,VVj LtRo O4V16tr'r Zyz PC, A 901 '49 3 6 AY 31 /I'I a S -"/ 193- I nor 8/Zv Address City State Zip Res. Phone S /"1700 f, PR�fl.VYCO � /yaz GA Avnv>Z• ca I'Ovy 3uO,Phone 1 7,74W 966'y Z77- 6700XZ197 S' Personal Oddities (Unusual Features. Sears, Tattoos, Etc) . scribe: Type of Weapon (Threats,Fonx,simuitd Gun. Etc) It Knife crGun De Ik Po/vy7nic %IOO /L �o2cr lothing - Additional Descriptors Additional Suspects? O Yes (List on Page 2) O No T Veh. Lic. No. State Year Make Model Type Color(s) Inside Color(s) Modifications Damage - Additional Desc. In P<tlan0 CMes: V -V R.Repc,nM Pmon W -Ymn«< POismvmrg Pmw P-0a 1Code Name Residence Address City State Zip W-1 WAAD T6MI A. I -- — — Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone 10/77 Z.s F 7Y S-0 VIA OPv/LTM ('17 tjz. z 90 671 "1700 9Y1 Sly -2,97 Code I Name Residence Address ,City State Zip W -2 C R0WA 11t CtfixK Onl d St{ i Lv, S rtyLILA N,-,4i e 4wd Sri+ r..drti CA G/02y Dob Age Sex Business Address (include Zip Code) Bus. Phone Res. Phone I1�09 6i 3I 1 16006k13,26 67,6 357 EyZI MO. - SPECIFIC OR UNUSUAL ACTIONS THAT MAY TEND TO IDENTIFY THIS SUSP. (Use n e<WS lac aaaNOnm n<mtN<.) Burg: [3 Force [3 No Force GisrEa Sa5'AE�s Ft„vcFr " "-' O'vc ^- vurtrt- - �- lNrigr- 17,�Z Z - ./lcsr,+vn�Ar_ .X2 — Su ry r pprO 'ng ID No. Investigating Officer(s) ID No. Signature of Reporting Person �D(. �KY<�../. /03V epro u S Nuvo roam 5 . 1 (R". 5.e7) (I N 'PO'RT BEACH POLICE DEPARTNIF Page No. z Type of Investigation F11176-4Y DR No. y (1) List additional suspects. victims, involved persons. (2) List stolentrecovered property. (3) Reconstruct the occurrence: Include all elements of the crime. 4) Describe any evidence, including prints. state locations found and by whom. Give disposition. Item Quan. Article Brand SModel Serial No. Misc. description (Color. Size. No. Inscriptions. Caliber. Etc.) Dollar Value A44 /r7O--V--f1 Su f/-7ECr PGYboAV �X,4,V14 OA-, rA~d y�9 6/ We- 39 s/o tfo 4-roeN 47,oP y /�iKa % 3// iJL�14i1MA Sr Afr 9 y-Ww7o*cIV-� Wt.4CH cr 974f Y6' Nang #1 : %7/Y)S*J4 AS 'r 7iv51- ,tJ'S4F = 71Y BSO- Z /S7 TD 06c/ffrs X ilNa �d t viYSY Pr>~se ^-s ihnre. e JT t2< row r �e,� 2 r^ S , Supervisor proving ID No. _ Reporting Officers) / OXlyen ✓- ID No. 1036, 0 3.Tw ..10-%) L15S r YPORT BEACIf POUcE DEPARTM Page No. Type of Investigation 71117 DR No. 19 -ef t additional suspects, victims, involved persons. (2) List stolentrecovered property. (3) Reconstruct the occurrence: Include 30 elements of the e. 4 Describe any evidence, including prints, state locations found and by whom. Give disposition. Item Quart Amide Brand SModei Serial No. Miser description (Color, Size, { No. Inscriptions, Caliber, Etc) Donar value AO.o /no�.rc SUS.�tGi i P.CY%- n1C ¢.4 AO'9 . Dn� ~6 y f 4 6/ M G ;e S / o - /f o zee ^Kd / ?// itt/FQilrrrA ST AAT 9 // r.'�1�� iTt'r+thr c,+ 9Z6YC 114M 4r S 1 T/y, BSc -Z/S7 let -FaLR Td 06rle ns yA/d Pe rv�rsc /rrin^ r �.scr� �2cYu -cr �c�2, s- a „ I Supervisor roving ID No. Reporting Officer(s) ID No. �{ jt4 N- WPORT BEACH POLICE DEPARTMF -'T ARREST REPORT Location of Arrest RD Date rime Arrested DR Number RIO VIA 95; - yv040 Connecting Reports by Type and DR Number Videotape of Arrest Videotape # C] Yes ANo Arrestee's Name -#1 Last First Middle OC# r` toPE�nitk !L! -1�e2, �'ola3 Charge (Section, Code & Definition) DEEIAED NOT ARRESTED /ti/ AGCG/1 Arrestee's Name 42 Last First Middle t.. Charge (Section, Code & Definition) Arrestee's Name -#3 Last First Middle OC# Charge (Section, Code & Definition) Witness #1 Age Res. Phone Bus. Phone -Ukv�� ASonl /� 514 L2 2 / oq 3i3 -23jy u4K Address City State Zip /_.V/ SAA1 &OZ0^44 G/`) I g /7Z0 Witness #2 Age iRes.p hone Bus. Phone /= 1LF#✓lZ C Q /10�cx /ZO -7�. u�/ /< Address ? City State Zip /o0D SD�Tr/ G�i)S'i G / °S !' /--r f/ ✓��Sft C/ �1 %2GZC� Witness #3 Age Res. Phone Bus. Phone 0/cc- I. I I I ?17)69Y-3-71-7 Address - City State Zip G Arrested By (Private Person) Age Res. Phone Bus. Phone Address City State Zip Describe Circumstances Leading to Arrest; Include Elements of Offenses; Note Nature of Evidence and Location Deposited: _.-- ._�/� /5� =.%SST OZGOf_f� /���1LE .O.✓ Fmo'-- ��</ loG __.,2�✓_Ti- /c= :- ..�`(oo_r�Go�.e — = i c.F 111a o %�'— .Z-- �.�fL-'x�vc�___,��C OvSL�E !aF T�fc �[JZL = ii)v�r�.rrT. ---------- - - - - -- - ._ /a.�i �nI,DCTrF - Sv;�T AJ'9i?��c�l�._L�� -A•✓J� srij%�_T.yi4 %_.....�7t� - - -- T!t— !rG' 4- N --A 525 -) r k��t7htZ)' i Js�xi c � f L✓rrS __..._G cv ✓G. - - -t b - - -.D i vE _ -- f.1e�l U�frQc�fr /Fig ': SV�jfrw/ nT /n/ s4 7nx Alcohol Involved? Wes ❑ No Location: --17-1&1 zIUz Z Supervisor Approving ID No. Arresting Officer ID No. Vacation Period � C //r Z 1 Datefrime Reproduced. C erk SS cvi/2ic-- NBPD Fa Z.1 (Re:. 12.%) F x aj 0 i NF-VPORT BEACH POLICE DEPARTMENT Continuation Sheet Page No. Type of Report Arrest Report Booking No. DR Number 99- 41e10 Z El+l c��<A 'T' - /EFT ./o ,Ps s. /v/ <l wl7"t / 7.r d �Z Z /iS /!G -� �src -' 1� % GJ�/�T r NS G oiWC, ,5j4 /y f�L .T(iS% D/ � /�Jk -/.IG OT THE 2L)ZZ c.:)ry N/S 1*91EH/ri5, 7f 6- liL-7=T A 5Z2eQ J,-) a120 Cf A W 4LCa uvUc i�fVEi�f� <- /= /r- yq�/iFi /n!() .4,4VJT ,/ /S Af-�SOnf e DDOS/f^ TEZY cYES. �SLU��G =7) 5A&7 -0am. Rn /_li ,/�QO'OPY YC Ll�s 1 �GSO A <oT /fL-� 77YRT 'r //F wAS 4,-^&1eADY f�SG1i C' < NC" /I�ovE G /S7E� Y�Q %DK75 of /7�cr�.arion/ <T F�rC� TfFr n /�<�o..< �+'�°T 7HE f�FT L.J.45 GrT�GMEG>' /,.rrox /c.arc�� An/li LACE7� i/ /ri ✓nJ� .a..Q.QeST � CD`f71�) i�C• �S Cc.✓/�UCT/pUBLIC /.✓7�x ',g/1•,/,/�L C Sc/ /o6t eS %ti /ODD g.✓� ?rPA��•oi17E7) '72YC: DEFT TD .✓d�D /1M1U DETENTIGN DFFUFD r NQT ARRFSTFD " PER 849 8( Q ) / 849.5 PC-! Supervisor Approving ID No. Reporting Officer(s) ID No. NBPOFw 1f5(A.. IM6) 5� E Exhibit 20 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT H. BURNHAM, CITY ATTORNEY, #44926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, DEPUTY CITY ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH In Re: Public Hearing on Revocation of Use Permit No. 3626 DECLARATION OF PATRICIATEMPLE DATE: November 9, 2000 I, PATRICIA TEMPLE, DECLARE as follows: 1. 1 have personal knowledge of all of the statements contained in this Declaration, except as to those matters alleged to be true on information and belief. If sworn as a witness, I could competently testify to the contents of this Declaration as those facts, acts, events, and occurrences of which I have personal knowledge. 2. As to those matters alleged to be true on information and belief, I believe the matters to be true and have received information from others that support my belief. 3. 1 am currently employed as the Planning Director for the City of Newport Beach. I have been an employee of the Newport Beach Planning Department for approximately 25 years and have spent approximately 5 years in my current assignment. I am familiar with the Buzz, which is authorized to operate at 3450 Via Oporto pursuant to Use Permit No. 3626. 4. 1 have participated in proceedings before both the Planning Commission and the City Council relevant to the approval of Use Permit No. 3626. Prior to approval of Use Permit 3626, 1 reviewed staff reports and other documentation submitted by the applicant DECLARATION OF PATRICIA TEMPLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for the concept a JP's of Newport Beach restaurant and entertainment facility. 5. At all times during the review and public hearing process it was understanding, based upon representation made to me by Jerry King, applicant's representative, and floor plans submitted by the applicant, that 1952 square feet of the premises would be occupied by an area for interactive and skilled games and action simulators. The remainder of the 9808 square feet of public area was to provide a full service restaurant with a small area dedicated to live musical entertainment or recorded music and a 459 square foot dance floor. 6. As the Planning Director for the City of Newport Beach I was concerned that the net public area of a full service restaurant would require parking beyond that which is provided because the Newport Beach Zoning Code requires less parking for arcades than for restaurant uses. 7. The 1952 square feet of interactive and skilled games and action simulators was significant to the recommendation for findings to support approval of the and conditions which were placed on the application. 8. At all times during the application and public hearing process I was lead to believe that JPs of Newport Beach, later known as Buzz, would operate as a full service restaurant with games, similar to an operation I am familiar with, known as "Dave and Busters ". 9. Use Permit No. 3626 was approved in 1998. 10. Planning Department approval is required before a Certificate of Occupancy can be issued. The Planning Department staff inspects the premises to confirm the improvements substantially comply with the site plan as approved under the Use Permit and comply with all relevant conditions of the Use Permit. Once staff confirms compliance with the Use Permit conditions, a Certificate of Occupancy can be issued. 11. 1 was first made aware that the interactive games had been removed upon review of a January 19, 2000 Newport Beach Police Department issued memorandunA that reported an increase in calls for police services and increased number of a 2 DECLARATION OF PATRICIA TEMPLE °��b 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 associated with the operation of the Buzz. 12. The January 19, 2000 memorandum included a November 18, 1999 report by Police Officer Jon Lewis, which indicated that the majority of the games had been removed. 13. In response to the January 19'" memorandum, I directed Code Enforcement staff of the Planning Departmentto do a site visit to the Buzz to verify compliance with the approved floor plan and conditions. On January 28, 2000, Code Enforcement Officer Charles Spencer observed that all the interactive game units had been removed and that only four pool tables remained within the Buzz. 14. In response to the reported removal of the games I prepared a letter which notified management of the Buzz that the Buzz was operating inconsistent of the terms and conditions of approval of Use Permit 3626. 15. A true and correct copy of my letter, dated February 16, 2000, is attached as Exhibit A. 16. Along with representatives from the City Attorney's Office, Newport Beach Police Department and Planning Department, I attended a meeting with Buzz representatives on February 22, 2000 at City Hall. In that meeting Buzz management was notified that the operations were no longer in accordance with the approved Use Permit or the approved floor plan. Specifically, the operators of the Buzz were informed that since the games were removed theproject was not in substantial compliance with the floor plans that were approved. Also Buzz management was informed that the Newport Beach Police Department had reported an increase number of calls for service and arrests from the Buzz facility. I made it clear that the Buzz was required to operate in compliance with the approved Use Permit and told them to either submit a revised floor plan which would comply with the Use Permit or apply for an amendment to the Use Permit to reflect the ongoing operation. Management for the Buzz was admonished that compliance with the Use Permit is required pending submittal of a revised floor plan or amended Use Permit. This direction was confirmed in a letter prepared by me and sent to Buzz management on 3 DECLARATION OF PATRICIA TEMPLE a�'� i 1 February 22, 2000. 2 17. Attached, as Exhibit B is a true and correct copy of my February 22, 2004 3 letter. 4 18. On March 9, 2000, 1 received a letter from attorney Michael Cho confirming 5 receipt of the February 22, 2000 letter and indicating an interest in obtaining operational 6 compliance with the Use Permit. 7 19. On April 14, 2000, 1 met with Randy Teffeteller and Michael Cho, attorney for 8 the Buzz, to look at anew concept for the Buzz. Randy Teffeteller presented a concept to 9 change the use to a B.B. King Blues Club. My response to the concept was guarded due 10 to the nightclub aspects of the proposal. I was aware of previous proceedings to revoke 11 Use Permit No. 1956 (Amended) for a nightclub known as the Thunderbird. I suggested 12 that Randy Teffeteller work with Jim Campbell, Senior Planner, to apply for a new Use 13 Permit if they so desired. At the time of the conversation, I reiterated the need to operate 14 pursuant to the approved floor plan and conditions of Use Permit 3626 pending any new 15 Use Permit applications. 4 16 20. Subsequent to the April 14, 2000 meeting I received another memorandum 17 from the Newport Beach Police Chief, dated August 19, 2000. This memorandum 18 requested the Planning Department to take action to gain compliance with Use Permit 19 3626 from the Buzz. The memorandum included updated information on police activities 20 and arrests at the Buzz. 21 21. 1 thereafter determined that grounds for revocation existed and assigned a 22 staff Senior Planner to prepare a report to the Planning Commission recommending 23 scheduling a hearing for revocation of the Use Permit. The report was prepared and 24 submitted to the Planning Commission on October 5, 2000. 25 22. Despite repeated discussions with and requests of the Buzz management 26 staff, I have seen no evidence that an effort has been made to take any steps to comply 27 with the approved floor plan and conditions of Use Permit No.'9626. 28 23. 1 have been informed via police reports and Code Enforcement staff visits A 4 DECLARATION OF PATRICIA TEMPLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Buzz that, since at least November 1999, the Buzz has not operated as a restaurant and entertainment facility, but instead has operated as a nightclub with an emphasis on the sale of alcohol, dancing and music entertainment. To date, despite representation of Randy Teffeteller and Michael Cho, the Planning Department has not received an application for an amendment to the Use Permit or a revised floor plan showing the premises in substantial compliance with the approved floor plan. I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed this,�day ofp,S�2000, at Newport Beach, California. Patricia Temple Ml \Mis_1 �sys\usere\cafthared \p lead ing \buzz\decptemp le. doc 5 DECLARATION OF PATRICIA TEMPLE CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 PLANNING DEPARTMENT 949 - 644 -3200 February 16, 2000 Via Federal Express Randall S. Teffeteller, Director of Operations R.S.T. Management Group 41 Porte Rivera Lake Elsinore, CA 92532 SUBJECT: The Buzz Restaurant Use Permit Compliance Mr. Teffeteller: It has come to my attention that the operation of The Buzz Restaurant has been changed in a way which is not consistent the Use Permit approved by the City in June of 1998. A key aspect of the approval was the designation on the floor plan that the second floor would be occupied by a high number of interactive games, with food service secondary to the game area. This aspect of the project allowed the City to consider that area an arcade, as defined in the Municipal Code, and thus lowered the parking required for the project. It has been verified by field inspection that most of the games have been removed, and the area reinstated to food service area. This is a serious violation of the conditions of the Use Permit, and should have only been done in association with an amendment to the Use Permit. Additionally, the Newport Beach Police Department has provided information about increasing calls for service at this facility, resulting in numerous arrests. This is also a serious concern, as it is the purpose of the Use Permit to govern the operation of this restaurant in a manner which is not detrimental to the neighborhood. It is our current intent to bring the Use Permit to the Planning Commission for review pursuant to Condition 27 (see attached minutes). We have set a meeting, to be held in the Office of the City Attorney, at 10:00 AM on Tuesday, February 22nd to discuss how you propose to correct the violations of the Use Permit conditions. Because of the serious nature of the situation, it is important for you or a representative of the restaurant operator to attend. If you are unable to attend please call my office immediately so that an acceptable time can be arranged. If you have any questions or need additional information, please call me at the above number. i A r—�+/ Patricia L. Temple " KJ1 Planning Director xc: Donna Larsen Hand delivered to on -site manager at 3450 Via Oporto 3300 Newport Boulevard, Newport Beach rYUTRTT 0 9 0 0 El 0 0 CITY OF NEWPORT BEACH February 22, 2000 P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT 949 - 644 -3228 Mr. Randall S. Teffeteller FILE COPY R.S.T. Management Group 29453 Longhorn Drive Canyon Lake, CA 92587 SUBJECT: Compliance with Use Permit Requirements -340 Via Oporto Dear Mr. Teffeteller, Thank you for meeting with City staff from the City Attorney's Office, Police Department and Planning Department to review Use Permit compliance issues related to the The Buzz Restaurant at 3450 Via Oporto, Newport Beach. We appreciate your willingness to frankly discuss the situation and identify ways to resolve both Use Permit compliance issues as well as the on -going operations problems, which have resulted in a high police service activity in the area. You represented that you are authorized to act in behalf of the property owner and leasehold interest. By this letter we would like to affirm the following commitments you made on behalf of these interests. A revised floor plan of the existing operation will be provided to the Planning Department. It will be reviewed for compliance with the plans approved by the Planning Commission and City Council. We expect this plan to be delivered within two weeks, and we will commit to promptly review the plan and give you specific guidance on how to remain compliant with the Use Permit. You indicated that it is the current intent to file for an amendment to the Use Permit, to reinstate the facility as solely a restaurant establishment. I would encourage you to proceed with this application in as timely a manner as possible. I would suggest that your architect and attorney work closely with James Campbell, Senior Planner, as you refine your design and application. You may contact Mr. Campbell at 949 - 644 -3200. It is our expectation that work on preparing the Use Permit application will also commence with two weeks. As you bring your revised project forward, I cannot emphasize enough the need to keep your business in compliance with the existing Use Permit, and that you continue working to resolve the police issues associated with your establishment. Should your continued operation of the restaurant result in on -going Code Enforcement or Police activities, they may a factor considered in the review process. Additionally, continued problems will require the staff to bring the Use Permit to the Planning Commission for review to add conditions, or revoke the permit. 3300 Newport Boulevard, Newport Beach B �:XHIBIT Mr. Randall S. Teffeteller : Page 2. It is my hope that we can work together cooperatively to bring to the City a quality establishment of which we all can be proud. Sincerely, Patricia L. Temple Planning Director xc: Chief Bob McDonell, NBPD Captain Tim Newman, NBPD Robin Clauson, Assistant City Attorney Michael C. Cho, Bernard & Associates Donna Larsen, Lido Marina Village 0 0 y��� 0 Exhibit 21 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT H. BURNHAM, CITY ATTORNEY, 944926 ROBIN LYNN CLAUSON, ASSISTANT CITY ATTORNEY, #123326 DANIEL K. OHL, DEPUTY CITY ATTORNEY, #109372 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 -1768 (949) 644 -3131 Attorneys for CITY OF NEWPORT BEACH In Re: Public Hearing on Revocation of Use Permit No. 3626 DECLARATION OF DEBBIE ALCARAZ DATE: November 9, 2000 I, DEBBIE ALCARAZ, declare as follows: 1. I have personal knowledge of all of the statements contained in this Declaration, except as to those matters alleged to be true on information and belief. If sworn as a witness, I could competently testify to the contents of this Declaration insofar as those facts, acts, events, and occurrences of which I have personal knowledge. 2. 1 am currently employed as an Administrative Assistant within the City Attorney's Office of the City of Newport Beach. I have been an employee of the City of Newport Beach for approximately 5 years, all in my current assignment. 3. On October 27, 2000, 1 was provided two cassette tapes from the Planning Department to review and transcribe the Planning Commission minutes regarding the Buzz Restaurant item. The tapes were Planning Commission minutes of May 7, 1998 and May 21, 1998, 4. The first cassette tape was the May 07, 1998 Planning Commission minutes which I reviewed and transcribed to the best of my ability 5. The second cassette tape was the May 21, 1998 Planning Commission 1 DECLARATION OF DEBBIE ALCARAZ qJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 minutes which I reviewed and transcribed to the best of my ability. I declare under penalty of perjury, under the laws of the State of California that foregoing is true and correct. Executed this L day of Nov ber:ZOOrl at Newport B ch, California. Debbie Alcaraz da f:\users\cat\sharedWeading\buzzXDeeDA.doc 2 DECLARATION OF DEBBIE ALCARAZ q- CNB vs. The Buzz May 07, 1998 Planning Commission Minutes Re: JPs of Newport CM: Chairman JK: Jerry King GA: Gary Adams PT: Patty Temple MF: Mr. Fuller CM: I open the public hearing, is the applicant or is the applicant's representative present? JK: Yes, good evening Mr. Chairman, Commissioners, my name is Jerry King and I am here this evening representing JPs the Warehouse operators. The - existing operators to the Warehouse as well as the developers of the family entertainment center are here this evening and can answer questions if you have them - um as well as the architect. Uh - passing along some pictures of the games, just to reaffirm your mind, one of the reasons uh - of comes to mind to validate what the staff is proposing to change, these are interactive games, there are not the small little video games that you see against the wall, these are pretty sizable games which involves the real activity involvement for the individuals with these games, so there not the kind of things you move around uh - with any kind of frequency, so we are supportive of what staff is proposing and are grateful that they took another look at it for us. Uh - I want to answer a couple 'of questions raised by the Commission this evening if I could please. Regarding the notices of work on Lido Marina Village for probably 17 years, I've, probably worked on every restaurant there but one, that I know of or may be two. Uh - habitually, I've - I've gone across and contacted people in the towers and I've talked to other residents and if you look at the record and you look at the police reports on this particular project, when we went to the review committee, there - there are not complaints. They've had the outdoor music and background music on the patio for as long as I can remember, they've always had an entertainment dancing permit and for the exception of a couple of years when the Thunderbird was there and there was problems with these restaurants, uh - they're better described as nightclubs then - then restaurants, there were in fact problems and those - those are part of the reasons those issues that occurred - and those problems that occurred are one of the reasons are why the owners and operators of the restaurants have decided to move it more into the family entertainment and full food service venue that is being proposed to you tonight. Even in the upstairs area which is referenced uh - where most of the games are located uh, throughout the restaurant up there, adjacent to the bar there are built -in service areas we will be • serving the full menu service to people who are involved in the games and as your planning director indicated to you there are not many seats up there it is because of the nature of these games, you're - you're either standing next those swinging a golf club, or you're shooting basketball if you're doing a variety of any other activity, they require your personal involvement in the game itself - so - if - �b� May 07, 1998 Planning Commission Minutes Page 2 if you're not just sitting there dumping coins into a machine and pulling the levers, there is real activity involved. Again, referring back to the prior operations of the Warehouse and the uh — Thunderbird and even the old Magic Island, uh — there was a tendency to park across the street, and uh — the operators at that center have been quite diligent in — in patrolling cars and noticing people or even alerting them. One of the things we were asked to do is to have a security service as part of this operation which is included in the packet. Part of the personnel that are on the staff uh — for the number of employees represent security personnel who patrol the floor of the restaurant, control the activity on the floor and the activities that occur around the outside of restaurant including the patio. So uh — we've been quite responsive to these concerns to the police department as well as planning staff and addressing those issues, we do support the staff report as it's proposed with the changes referenced to you this evening and uh — we hope that you could support it. Theme wise, this is something that is happening across the country right now, the Disney is involved in developing several restaurants of this type of interactive games, Dave & Busters is throwing it up in the triangle up in Irvine. They already have Sega City out there and there is a variety of different restaurants and restaurants themes or game activities which are being proposed for centers and uh — uh like this one, so uh - it's — it's becoming better refined, it's a real opportunity to engage families in the early hours and more adult activities in the evening hours while at the same time providing a full service menu I would be happy to answer any questions that you may have. CM: Thank you Mr. King, any questions? GA: Do you know how many seats are proposed? There are seats shown in the plan, do you know how many there are? JK: I — I do not, no Mr. Adams and Mr. Chairman and in response to that question, the architect is here he could probably better tell you and I'd be happy to have him come up and address that issue and I don't know what the seats are, didn't count them because the — we're going by the — what the City used for the square footage but — but we try to do in terms of the seating throughout the restaurant is to provide seating with table food service or with standing tables so that someone can play the game and have food available to them throughout the entire area of the restaurant. A lot of those standing tables do not have chairs or seats with them, some do. CM: Uh —any other questions? JK: twill get the answer to your question. GA: If you're going to get the answer to that question, can you get the answer to the question of how many seats were in the old Warehouse Restaurant? OD May 07, 1998 Planning Commission Minutes Page 3 JK: Sure. GA: We were told that's why I asked the question. JK: (inaudible) please joint the architect to the property (inaudible). PT: Mr. Chairman, the plans indicate that the number of existing seats on — will be the same as proposed of seats, 525. GA: But that doesn't include the stool... PT: ... it does... GA: ...it does? PT: It includes the seating in the game areas. So the stool seats around the — the walls and the seating near the game is counted. CM: Okay. 40 GA: So you're saying the number of seats sits the same. JK: So basically what they're doing although they're creating more open area where the games are, they're intensifying the use the seating in the restaurant portion. PT: Through that and also through the increase JK: Okay. Mr. Chair if I could for just a minute - purposes. One of the real concerns when this was proposed that — that second floor become all games and drinking. There was a lot of encouragement by the staff and both the police department that we do include opportunities to be. served food throughout this restaurant. So the architect went back and did rearrange the floor plan and the — and the activity isle to get to these games so that we could in fact provide food service opportunities throughout the restaurant and there would be menus throughout the restaurant and staff to go from table -to -table to game -to -game taking orders so that you don't have to necessarily leave your game, you can order and have your food go off to the area where you're involved in the game and it can be on the table next to you, anywhere from snacks to anything off the menu. So, they do not , they do not all have seats, so we kept the seats exactly what we have today. CM: Thank you. Anyone wishing to testify, please step forward, state your name and address for the record please. DG: Commissioner Don Gregory, 601 Lido Park Drive. I want to begin by saying that I would like to ask that this matter to be continued and I'll tell you why. I am a XN May 07, 1998 Planning Commission Minutes Page 4 member of EQAC as some of you may know and there was a subcommittee formed on trying to get a uniform code of uh — hours and noise abatement for restaurants with or without entertainment but obviously largely it seems to be a movement the great trend toward getting patios whether they exist or not _ don't exist and on Tuesday, this coming Tuesday the 12th, there is a meeting with a noise consultant that we have asked to be brought in so that we can find out more about how to standardize these things at the fair to the business community as well as to the residents and to vote on this now uh — would uh — be putting things to in terms of EQAC and that subcommittee is charged to do which is to get a uniformity. The application itself here I'm afraid is to my point of view, very, very transparent, to me it's a great excuse for a different then a creative kind of sports bar. Um — under the umbrella of keeping the kitchen open and the hours are far beyond what anyone has been allowed to do here to fore since the Cannery Village operation. And to think that families will be attracted to pool tables and uh — video games is about as valid as the Cannery Restaurant saying that their patrons have will go up and which happened last Fall and as you know was found to be too transparent to be _. This location has been a nuisance before it's very clogged, I live right there so I know I live up the street. The limousines and the clogs of people who gather outside to talk and to fight and to shove can't only be blamed on the presence of the Thunderbird or something across the street. When you drink and you drink a lot and I have to take exception that people, many people eat after 10 or 11 o'clock at night, they are there to dance, they're there to listen to the entertainment and they — it becomes a clear and present danger of what happened before. Uh — I think that outside entertainment is just inviting that kind of noise which is going to be different than any other kind of noise if you vote on it now and I suggest and hope that you will continue this until the EQAC can get a resolution and a noise guidance from experts as well as from those of us who are voting on it, so that we can all vote into the same kind of plan with it's uniformity with there's no buyers where windows have to close at 11:00 and this place can stay open till 2:00. It doesn't make for fairness to anyone who has to close at 11 and some place is open till 2. 1 could go on and on with this but I can't. But of all the proposals that I've read, this is drought with so many things aside from the parking element which of course is what is very important here and what happens when it's all clogged up, whose directing who to go where and then to those people not get the matriculated to the village which the business people think will be such a boom to them, because they will be told to go away and park someplace else, will they come back or but if we can till EQAC to give some kind of uniformity, perhaps we'd all be better off and then they would be quick pass. Thank you very much. JK: Thank you Mr. Gregory. CM: Any questions. Mr. Fuller. 0 X13 May 07, 1998 Planning Commission Minutes Page 5 MF: Just a comment. Mr. Gregory do you understand the existing restaurant can stay open till 2 as well? DG: Yes, I know, it and the Cannery could also have stayed open under its existing permit even though there wasn't a permit, but they had certain rights uh — but the introduction of pool tables and video games and 1 to 4 musicians is live uh — it — even though I know the staff recommended that there is no I say that it exacerbates a problem that exists all over the bay front and therefore impacts all the residents as well as some of the businesses and is — is going to very tough to explain to the next applicant who we say will have to close at 10 o'clock or 11 o'clock and I understand what you're saying counselor, I mean Commissioner, but there has to be a beginning. CM: Thank you Mr. Gregory, anyone else wishing to testify? F:\users\cat\sharecftda\pleadings\Buzz\fnemo\PCmtg05O798.doc �Alq CNB vs. The Buzz May 21, 1998 Planning Commission Minutes Re: JPs of Newport CM: Chairman JK: Jerry King TR: Tod Ridgeway PT: Patty Temple MF: Mr. Fuller CM: The next item on the agenda is JPs of Newport Beach, Item No. 3. Our Chairman has asked us to wait for him to arrive and I see he has just arrived, so, um — all — this is uh- so we won't take a break. This is request to allow the establishment of the existing Warehouse Restaurant as JPs of Newport Beach. A new full service restaurant and entertainment facility. The application includes alcoholic beverage service, outdoor patio dining both indoor and outdoor live musical entertainment and indoor dancing. The application also includes a request to permit a variety of interactive and skill games and allow the use of valet parking service. Um — we are going to approve, modify or deny Use Permit NO. 3626 and now I'll turn it over to Chairman. Inaudible CM: Is there any additional report from staff? PT: Mr. Chairman in response to the questions asked by the Planning Commission at the last meeting, staff has prepared an additional analysis of Lido Village area parking inventory. Just by way of clarification, 1 would like to note on the chart that the line for the Magic Island Restaurant with a night time parking requirement established by Use Permit of 189, does reflect that prior use permit approval, however, staff would like to point out that use permit has been revoked and cannot be reinstated without application and approval by the Planning Commission and /or City Council. We included that number just uh — by way of information for the Commission. there was an alternative chart passed out at the last Planning Commission meeting and at least one of the Planning Commissioner's presence was not at the last meeting so I would like to provide a few extra copies of that chart and in summary, it does provide an alternative approach to the parking analysis which would recognize of the area — actually assessed as arcade spaces as opposed to restaurant space and to give the audience an extra — a further explanation of that approach, it would then recognize the operation of the second floor as large gaming area would lower the parking requirement and would reduce the amount of the waiver. The reason why staff wishes to offer this as an alternative for the Commission to consider in addition to the original one in the original staff report is that should this particular business go out of operation and a subsequent user comes in and wish to reinstate the full restaurant service on the second floor, the waiver would not be sufficient to sustain that use and would necessity require the May 21, 1998 Planning Commission Minutes Page 2 application for a new use permit and since uh — this area has been at -issue for some time, particularly as it relates to parking, we felt that was a superior approach and would assure that the Planning Commission would see this project before should it change hands and should its character and nature of operation once again change. I have a couple of additional pieces of information related to parking generally in the area um — Commission Ridgeway did ask staff for a — for a number on the City Hall parking lot which was not included in the chart. The City Hall parking lot has 121 parking spaces in it and this includes parking along 32nd Street as well as behind the main City Hall and in the front grass area. It should be noted however that uh — every night there are a certain number of spaces which remain occupied with City vehicles and that does not account for those spaces which remain occupied at night. Additionally, there are night meetings from time -to -time such as your own which do take up some spaces in the lot on a regular basis. Additionally, on Sunday our lot is available for church uses as well. We also have additional information regarding the Via Lido Plaza based on our most recent parking stripping plan. There are 309 parking spaces in that lot. Should we access the existing retail and office occupancy based on today's code requirements, the project would require 327 parking spaces and that would result in a deficit of 18. However, it should be noted that that deficit does not account for 13 spaces which have been granted credit by the City Council as part of the renovation of the supermarket into the current Pavilions Market as well as an 11 space credit granted when the property owner dedicated land to the City for the widening of Newport Boulevard. Additionally, the City has waived through the approval of a variance, 228 parking spaces for the Edwards Cinema in that area and that waiver was granted 'on the basis of off setting of peak hours of operation. That would conclude staffs comments if you have any questions, I would be happy to... TR: Mr. Chairman. CM: Commissioner Ridgeway. TR: Um Patty lets take the minor issues — Thunderbird, Magic Island, aka, whatever. What is currently in that location — as it is my understanding it's been used for office PT: 1 believe the second floor has been partially occupied with offices, I don't have an exact number on that. The coal of the ground floor is still vacant. TR: Then how many square feet is that? PT: I;— I don't know. TR: Um — second question, are perhaps comments um — they use the office building adjacent to — or — it is between the church property and the market property and you don't reflect and didn't state in your statement that they do get credit for ,0 May 21, 1998 Planning Commission Minutes Page 3 parking in the lot? I just want to repeat that for the record uh — they — I think its 4 or 5 spaces allocated. PT: Actually the base parking requirement for the shopping center include the 8 spaces allocated to 503 32nd Street. TR: Okay. I — so the — so that uh — 309 to Via Lido Plaza does include that — that office space? PT: Eight spaces. TR: Thank you. Uh I (inaudible) RC: Patty, could you just clarify that um — the chart that's on page 3 of the staff report for me in terms of where the under Warehouse where it says 266 waived in the day and 91 at night. Is that as things stand at the moment? PT: Correct. RC: Okay and then — so in total would we have currently waived 403 uh — a total of 403 parking spaces, the 289 for the day and the 114 at night, are they kind of over... PT: ...they overlap. RC: Okay. So the maximum is 289. PT: The City's original use permit for the Warehouse didn't establish a requirement for daytime parking. However, it has been noted in the analysis in both staff reports there is an agreement between Via Lido, excuse me, Lido Marina Village and the Warehouse which does gives them authority to park in the structure during the day and our new conditions reflect those agreements of 200 spaces during the day and 175 at night. RC: Thank you. Inaudible. CM: As seen none, I will open up the public hearing, is the applicant present? Mr. King is stepping up, for the record I did listen to the tape, so. JK: Good evening Mr. Chairman, Commissioners, my name is Jerry King, I am representing the applicant and happy to come back with the information staff has provided to us. Um — clarification just on the Magic Island that the upper floor has been converted to office space and the approach that Lido Marina Village took following the problems that occurred there with the nightclubs was to x-01 May 21, 1998 Planning Commission Minutes Page 4 change the whole venue — the whole operation so, there was a movement to change that upper area to office space and to look for a different type of operation of the ground floor. The Warehouse Restaurant took the same approach and that they didn't want — they would never have had problems if they got an police reports as you have seen in these records, that they wanted to change the whole operation and characteristic of their restaurant also. What you have before you tonight uh — and what the staff has helped developed is basically a reduction and a number waivers. Currently, the current restaurant has a waiver of 90 spaces uh — 91 spaces and what is being proposed is a reduction of that number to 41 spaces and we agree whole - hardly with the proposal to try and make that structure work. If you had been over there on Mother's Day, of course with the Warehouse shut down, there were hardly any cars in the whole structure, I mean the whole village suffered very badly because of the lawsuit — their major anchor tenant and we are anxious to try and the operators of restaurant — anxious to try and get a plan underway that will sign the thing properly, get people directed into the structure — um — the restaurant Warehouse is always validated its customers parking but now we're adding the valet service as well as new signage and directional that we hope will get people in there and this restaurant by frankly that once people utilize the structure their in it — they see how it operates — that they will come back and continue to use it. Right now if you miss the turn, then you've Via Oporto. You are basically are lost, you don't know where to go and how to get back and so you just go around the block and look for whatever space you can find. We think the signage will be a major improvement in'that regards and uh — we think the validation for — for customers once .they've experienced the operation — their tickets are validated, they've found a good safe place to park, they'll come back and continue to utilize that and it will also take people off the street. We are 100% in an agreement with the proposed additional conditions that are here as well as those that were in the original staff report and we look forward to working with the City Traffic Engineer to uh — work out some of the other problems that are there. This whole concept is — is one's emerging — Dave & Busters use this, Disney uses this, so it's not something that's brand new. Disney is proposing several new restaurants and — and those that they control including the House of Blues which they own the majority percentage of — so they're going to be changing some of these kind of operations. So we think we'll see more of this uh — it has been tested — it does work and uh — we learned from that — we have professionals who put the program together who have a great deal of experience in the interactive game business and uh — have work very closely with the staff to put together a program that uh — we hope you'll find uh — that's going to make the change in the characteristics of Lido Marina Village and .add some life to it and bring back the sales that uh — that it once enjoyed. I'd would be happy to answer any questions that you may have. CM: Mr. Fuller. May 21, 1998 Planning Commission Minutes Page 5 MF: Uh — Mr. King on the Thunderbird or Magic Island you said that the top floor is an office? JK: That's correct. MF: At which — do you have any idea how big that is? JK: Um — it's —it's somewhere between 46 and I'd say about 4,600 square feet, may be — may be as high as 5,100 square feet. MF: Okay. And then the downstairs is vacant is that correct? JK: It's completely vacant, yes. MF: And what — do you have any idea what the intent is for that space? JK: Uh — I don't at this time, they — they've shown the space to numerous people Mr. Commission, they — they've talked to a gallery that wanted to come in and cut windows and a couple of retail people that want to reopen the window space that once was there as you know it's all solid block wall currently and they'd have structural engineer took at it and they do know that they come back and cut windows into the walls and open that up so that they could have retail type operations, Red Robin looked at it at one time, uh - they just — their corporate office — their chain of operation moved back to Colorado so they abandoned the site but they were going to do the same thing is open up all the front end with as many windows as they could get in structurally um: almost everybody that has looked at it wants to do that. They are looking very.much for the retail, there are some people looking at the project to try and buy it and I know uh — I've talked with them and worked with them and they're looking for new types of retail to come in. MF: So all these uses are uh — non - restaurant uses? JK: That's correct. They — they — they've had about four restaurants look at it, um — but — you know it's a very large kitchen that was part of the old Magic Island and all the subsequent operators and uh — they would have to — for the most part redo it or they — they would be buying too much kitchen for the type — type of operations that they want and uh — some of the stuff is dated equipment — so there hasn't been anyone looking at it that is seriously consider a restaurant use and the operators are quite attracted and would like to bring some more retail in .and balance it out uh — they have talked about moving the Gallery into part of the space and using that 13,000 square feet for a small boutique little restaurant. Someone in town here currently that has a restaurant would like to move in there. MF: Is the — is the downstairs similar in size to the upstairs? L�10 • May 21, 1998 Planning Commission Minutes Page 6 JK: No it's — it's larger, quite a bit larger. If you — if you took out the whole kitchen area uh — you could — you could create quite a sizable space I — I want to say it's next — it's probably 7,000 square feet may be. TR: On the downstairs? JK: Yes. MF: What was that? How many? JK: It has to be somewhere between 6,000 to 7,000 square feet, may be on the higher side if you gutted everything and took the kitchen equipment out — and at one time it was all retail and that — there was a fall down the middle of it and retail ? MF: Okay. CM: I — I too would like to continue that, if I — if I remember correctly it's one space for 250 on retail. • PT: Correct. CM: So that would be a requirement if the entire space was used for retail — I — I — calculated it to be 28 spaces. MF: Can I — one more question for staff. CM: Mr. Fuller. MF: Patty, is the 189 show in the inventory of the Magic Island or the Thunderbird, does that include office use on the second floor? PT: No that was the total parking requirement imposed by use permit for the restaurant when it occupied both floors. MF: So if that site were developed with retail uses that are — retail now offices, it would probably be fair to say this requirement would be less? PT: Substantially. MF: Any idea how much? PT: If we use 7,000 and 4,000 that's 11,000. MF: You got part of its office and part of its retail. May 21, 1998 Planning Commission Minutes Page 7 PT: They park the same ratio. That's 44. MF: 44 from 189 so that's a reduction of uh — 145. Thank. CM: Mr. Ridgeway. TR: Yeah I'll just make a comment to that — if there is 7,000 square feet were restaurant even, with 50% net which probably would be higher then the 89 spaces. So you have 89 uh — plus the office users still is substantially less than the 189 (inaudible) use for that space, I would make a comment that is highly conceivable that could be a restaurant and I — I — I Mr. King says that the restaurants have abandoned it but 1 think, having come back from my from Las Vegas the restaurants are clearly back out . I don't think it's unconceivable that could be some type of theme restaurant. Nonetheless, it — it's still at this point because of the office space has a net credit. CM: Any other questions Mr. King? Thank you Mr. King. Anyone else wishes to testify, please step forward. PT: Mr. Chairman if I may, 1 apologize uh — there were two additional alterations to conditions I wanted to suggest. On the original list of conditions in the first staff report there were two changes discussed by the Commission at the last meeting which seemed minor and that would noted to be a change to Condition No. 3 to add the valet parking service and use the parking .structure be provided at no charge to the patrons and employees of the restaurant and Condition No. 16 that all employees shall park in the parking structure or'at the 32nd Street parking lot and those were minor ones re — requested by the Commission which I neglected to include in the comments. CM: Mr. Ridgeway. TR: Patty, I just have a question, this is to satisfy my memory more than anything. The 32nd Street parking lot, I _ 61 spaces, I'm going to still stand by that but the Via Lido Marina only owns 48 in there, is that what it is? Because I know there's more spaces. PT: Yes, there's more than one ownership in that lot. TR: Yeah. My memory serves me with 61, thank you. JK: Mr. Chairman we have no objection to that. F:\users\cat\shared\pleadings\Buzz\memo\PLCmtgO52198.doc tL_ J Lt�t n u Exhibit 22 F- I Gct- 2:7 -00 10_58A SOLOMON,SALTSMAN &JAMIESON 3108223512 P -01 0 0 E LAW OFFICES OF SOLOMON, SALTSMAN & .JAMIESON A Pmanership Including Proloviwml Corporsinns 426 CULVER BOULEVARD PLAYA DEL REY, CA 90293 (310) 922 -9648 FAX(310)622 -3512 FAX COVER ro: PATRICK ALFORD Fax: 949 -644 -3250 Froth: STLPHL:N JAMIESON Date: October 27, 2000 Re: ICANDY TEFFETELLLR - BUZZ.. RESTAURANT Gct -<7 -00 10:58A SOLOMON,SALTSMAN &JAMItSON 3108223512 LAW OFFICES OF SOLOMON. SALTSMAN A JAMIESON A Pap ¢whip Inaludiag Prnl"ommetal Cam'p,rnliam 426 CULVER BOULEVARD PLAYA DEL REY, CA 90293 (310) 822.9a4a . FAX (310) 8223512 Ocwher 27, 2000 VIA FACSIMILE: 949 -644 -3250 Ilouorablc Chairpersou of the Planning Commission c/o Patricia Tempfc, Planning Director Planning Department City of Newport Reach 3300 Newpon Blvd_ Newport Beach CA 92658 Re: Conditional Use Permii #3626 (Burt. 3450 Via Oporto. Newport Beach CA 92663) Request for Continuance of Hearing from November 9 to Ncxi Available Daie To The l lonorable C:bairperson ofthc Planning Commission: Please be advised that the undersigned has been retained to represent the applicant in the abovc- referenced matter. All funher correspondence and notice should be directed to me via fax and mail if possible. As I indicated in my phone conversation with Planner Pairick .Alford today, I was just recently retained and have had only a few hours in become familiar with the extensive history on this site. As you are aware, the City has been looking into This use and compiling data for quite sonic time. As a result, it will rake me a substantial amount of time to become adequately prepared to appropriately represent my client at the planning Commission hearing char is presently set for November 9. 2000. 1 do riot believe that everything that needs to be accomplished can be done between now and November 9. 2000. 1 would like in be able to review All of the information char the City has compiled, as well as potentially meet with the surrounding mcreltants and residents. I would also like the opportunity to meet with City stall. both Planning and the City Auorney. before the hearing and atier I have had a suffrciem chance um become educated on the issues for this matter. 'thus. in order ro provide the applicant the best representation, and a lair and equitable hearing. 1 respectfully request than the hearing presently scheduled for November 9, 2000 he moved to the next available hearing date. 1 understand from Mr. Alford that this would be either December 7. P -02 • 40 Get -27 -00 10:59A SOLOMON,SALTSMAN &JAMIESON 3108223512 0 0 Newport Beach Planning Commission October 27, 2000 Page 2 of 2 2000 or January 4 or 18, 2001. Any of those dates would be sufficient as far as I can tell at this point. Although I understand from Mr. Allord that December 7 is quite a full calendar at this point in time. In my conversation with Deputy City Attorney Robin Clauson, she indicated concert about a continuance in that the activity complained about would continue during the delay. I would suggest that to address that concern the applicant may be able to increase security or make some other change to their operation pending the continued hearing. Your continuance of this matter would be greatly appreciated. Thank you for yoyr prompt consideration of this request. Very SOI.ONSOM.5AU PS MAN & JAMTESON ALLEN JAMIESON SAJ /eb cc: Randy Tellitteller (VIA FAX: 949 -631 -2956 Michael Cho (VIA FAX: 949 -852 -8487) Robin Clauson, City Attorney (VIA FAX: 949- 644 -3139) Patrick Alford (VIA FAX: 949 -644 -3250) Stephen Solomon Ralph Saltsman P_03 Lk�i • EXHIBIT 23 CITY OF NEWPORT BEACH CITY ATTORNEY'S OFFICE 0 TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBIN CLAUSON, ASSISTANT CITY ATTORNEY RE: LEGAL ISSUES SURROUNDING REVOCATION OF A USE PERMIT DATE: November 3, 2000 A Conditional Use Permit is an administrative permit for uses not allowed as a matter of right in a zone. The issuance of a Conditional Use Permit may be subject to conditions that regulate use of land, but does not regulate individuals. Conditions of approval must relate to the property and not to the particular applicant. To obtain a Use Permit the applicant must generally show that the contemplated use is compatible with the policies and terms of the zoning ordinances, and that such use would be essential or desirable to the public convenience or welfare and will not impair the integrity or character of the zoned district or be detrimental to the public health, safety, morals or welfare. Once a Conditional Use Permit has been obtained and the permit has incurred material expense and reliance on the permit, the courts consider that the permittee has a fundamental vested right in the permit. When a fundamental vested right has been acquired it may be revoked if the permittee fails to comply with reasonable terms or conditions expressed in the permit or if there is a compelling public necessity warranting the revocation of the permit. Therefore, once a Conditional Use Permit has been acquired the City's power to revoke the permit is subject to the permittee's right to due process. In revoking a permit, lawfully granted due process requires that the City can act only upon notice to the permittee, upon a hearing and right to be heard, and upon evidence substantially supporting a finding of revocation. In order to justify the interference with the constitutional right to carry on a lawfully permitted business it must be clear that the public interest requires such inference and that the means employed are necessary to accomplish the purpose and are not unduly oppressive on individuals. If it is clear that revocation of a Use Permit could have the effect of putting a permittee completely out of business it is consequently a very harsh remedy which requires the strictest adherence to principals of due process. Whenever alternate remedies can achieve the same goal, such as the imposition of additional conditions or controls, these avenues ought to be pursued if feasible. The above information provides a general review of the legal principals regarding use permits and the ability of the City to revoke a use permit. The City's zoning code has y �5 Revocation of Use Permit November 2, 2000 Page: 2 • specific provisions, which require revocation of a Use Permit upon certain findings. Those findings are: 1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation; 2. That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated; 3. That there has been a discontinuance of the exercise of the entitlement granted by the Use Permit for 180 consecutive days. It is staffs position that based upon the information provided by City Code Enforcement Officers, Police Officers and Planning Department staff that all three of these findings may reasonably be made. If the Buzz were currently operating pursuant to the approved floor plan and conditions of approval of Use Permit No. 3626 then the Planning Commission would be advised to look at all alternative steps towards adding additional conditions or modifying conditions of operation to control the public nuisance activities. However, in this case there is substantial evidence to support the conclusion that the Buzz has not operated pursuant to the approved Use Permit authority since November 1999, or conservatively since January of 2000. The problem is not that the existing conditions of approval are inadequate to control the approved use, the problem is that the violation of the approved conditions of the permit has resulted in a use operating contrary to the public health, safety and welfare. The Buzz has refused or failed to operate in compliance with the permit, despite the repeated attempts to gain compliance. There is substantial evidence to support that the Buzz has removed the approved games and converted the 1952 square feet of game area to an area for drinking, listening to music and dancing. The approved second floor area for dancing (459 square feet) has been increased and a disc jockey and dance floor has been added to the downstairs dining area. A portable bar has been added to each floor along with galvanized buckets filled with ice and beer bottles for sale. The Buzz has discontinued operations Sunday through Wednesday and now is only open Thursday through Saturday nights. Valet parking has been discontinued and food service is incidental to non -existent. Payment of a cover charge is required for entrance at the front door. These facts support the finding that the terms and conditions of approval have been violated. We assert that the operation has been changed to a nightclub. The City Zoning Code defines a nightclub to be "establishments with the principal purpose of providing live entertainment and /or dancing occupying more than twenty percent (20 %) of the net public area in conjunction with the serving of food and /or beverages." Planning staff has calculated the Buzz operations to have over 20% devoted to live entertainment by disc jockeys and or dancing. If the Planning Commission finds that substantial evidence supports that the Buzz has operated as a nightclub since at least January 2000 then it is clear that 180 days have q S; �- Revocation of Use Permit November 2, 2000 Page: 3 passed and that the permittee's have abandoned the approved operations, under Use Permit No. 3626. Proposed findings of fact and conclusions are attached to this memorandum as an exhibit for consideration by the Planning Commission and for final action based upon the totality of the information and evidence provided and the testimony offered at the public hearing. RLC:ml f: \users\cat\sha red\pleading\b uzz\memo\perevocation.doc 0 LI �� FINDINGS IN SUPPORT OF THE REVOCATION OF USE PERMIT 3626 Finding No. 1: The permit was issued on the basis of erroneous or misleading information or misrepresentation. ■ The Planning Commission approved Use Permit 3626 on the basis of erroneous or misleading information or the misrepresentation that the project was to permanently operate as a full service restaurant/recreation facility. The full service restaurant/recreation facility was seen as a means of establishing a use that would correct the problems with the previous bar /nightclub use next to the project site and be beneficial to the surrounding area. However, the project is being operated as a nightclub that is negatively impacting the project site and the surrounding area. ■ The increase of net public area and the waiver of 41 additional parking spaces was based on the erroneous information that the second floor game area was identified as a permanent feature of the project. Since electronic game centers have a significantly lower off -street parking requirement than eating and drinking establishments, this feature was used as justification for the increase in net public area and the parking waiver. However, within six months of the issuance of the certificate of occupancy, all but a few of these games were removed and the floor area was converted to food and beverage service and dance floors. This increased the net public area of the project, leading to higher parking demand. ■ The applicant represented and the Planning Commission found the project as a means of correcting past problems associated with the previous bar /nightclub use next to the project site and be beneficial to the surrounding area. Substantial evidence compiled by the Newport Beach Police Department and Code Enforcement indicates that the project is being operated in a manner that is contrary to the public heath, safety, and general welfare. Finding No. 2: That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated. ■ The floor plans submitted with the application depicted a significant portion of the floor area devoted to game units. However, within six months of the issuance of the certificate of occupancy, the bulk of these games were removed and the floor area was converted to beverage service by added portable bars and galvanized tubs for the sale of alcoholic beverages, dance . floors and additional disc jockeys, which is in direct violation of Use Permit 3626 Condition No. 1, which requires that the development be in substantial conformance with the approved floor plan. • The Newport Beach Police Department has observed that the project has ceased to provide valet parking services shortly after opening, which is in direct violation of Use Permit 3626 ;Condition No. 3, which requires the project to provide a valet parking service. • The Code Enforcement Division issued administrative citations on February 5, 2000 and February 26, 2000 for exceeding the City's exterior noise standard and Use Permit 3626 Condition No. 24, which requires compliance with the City's noise standards. Newport Beach Police Officers patrolling the area surround the Buzz have heard noise/music emanating from the Buzz from as far away as residences across Newport Boulevard. ■ From January 1, 2000 to September 30, 2000, the Newport Beach Police Department has documented at least 66 calls for service and 98 officer - initiated activities at the project site. These police activities have resulted in at least 50 arrests for public intoxication, battery, and other violations of the law. The NBPD concluded that the project was having an adverse impact on the health, safety, and welfare of the neighborhood and the general public and is a drain on police resources. ■ The State Department of Alcoholic Beverage Control has formally advised the project owners that the continued criminal acts at the project site and surrounding area constitute a disorderly house and a nuisance. ■ The project ceased to operate as permitted for a restaurant with primary purpose to provide food service. Only incidental food service has been observed. The project is only open on Thursday, Friday and Saturday nights and a cover charge is required to enter the front door. Finding No. 3: That there has been a discontinuance of the exercise of the entitlement granted by the permit for 180 consecutive days. ■ The project ceased to operate as a full service restaurant and entertainment facility since at least November 18, 1999, when the game areas were converted for food and beverage service, live entertainment, and dancing. f: userMeaAshareftleading\buu\pafindings .doe 0 , �C' �dE��Rr u r �ciFOP�'�f CITY OF NEWPORT BEACH PLANNING DEPARTMENT 33 O NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644'3200: FAX (949) 644"3250 Hearins Date: Agenda Item No.: Staff Person: January 23, 2001 15 Patrick J. Alford (949) 644 -3235 REPORT TO THE MAYOR AND CITY COUNCIL l o� a • 1 - 1 SUBJECT: Use Permit 3626 (Buzz) Revocation Appeal (Eric Rameson and Hospitality Management Group, applicantlappellant) 3450 Via Oporto SUMMARY: An appeal by the applicant of the Planning Commission's revocation of Use Permit 3626. SUGGESTED ACTION: Continue to February 13, 2001. Backeround On November 9, 2000, the Planning Commission voted (6 ayes, 0 no, I absent) to revoke Use Permit 3626. The Planning Commission made this decision upon finding that the use permit was issued on the basis of erroneous or misleading information or misrepresentation and that the terms or conditions of approval of the use permit had been violated and that other laws or regulations had been violated. 0 The applicant filed the notice of appeal on November 27, 2000. On December 1, 2000, applicant/appellant submitted a letter requesting a continuance and expressing a willingness to correct the violations that led to the revocation. On December 12, 2000, the City Council continued the appeal hearing to January 23, 2001. Discussion The applicant/appellant is requesting a second continuance to allow time to file an application for a use permit for a new eating and drinking establishment on the project site. The applicant's stated intent is to have this new establishment correct the conditions that led to the revocation of the current use permit. No continuance date was specified. However, the applicant/appellant indicated that the application for the use permit would be filed by the end of January. Therefore, staff recommends continuing the appeal hearing until February 13, 2001. Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: PATRICK J. ALFORD Senior Planner Attachment: January 8, 2001 letter from the applicant/appellant requesting the continuance. From: Barry To: Patrick Alford Date: 1111/01 Time: 1:23:00 PM Page 2 of 2 i ASIA N B COMPANIES A a joint venture January 8, 2001 \Mayor Gary Adams City of Ncwport Beach 3300 Newport Blvd. Newport Beach, Ca. 92658-8915 SUBJECT: Use permit Revocation Hearing- Buzz Restaurant Dear Nlavor Adams. 'We would like to fomlalh- ask for another continuance of this item. Since the last scheduled hearing. we have made significant progress in resolving the operational characteristics of the Buzz. More importantly we are in the process of applying for a new use penuit, that we believe will be more appealing to The City of Newport Beach. Our goal is to have the application submitted before the end of January and have the new operation active; within 60 days of the new approval. Thank- you for your cooperation in this matter. If you have any questions, please feel free to call tile at (949) 250-7117 x2. Sincerely. Bam Hammond Cc: Patrick Alford, Senior Plattner -- 41 Corporate Park, Suite 210, Irvine, CA 92606 Telephone: 949 /250 -7117 Fax: 9491250 -7116 0 ' r 0 r� LJ CITY OF NEWPORT BEACH PLANNING DEPARTMENT 330 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644-3; FAX (949) 644-3250 Hearing Date: Agenda Item No.: Staff Person: December 12, 2000 28 Patrick J. Alford (949) 644 -3235 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Use Permit 3626 (Buzz) Revocation Appeal (Eric Rameson and Hospitality Management Group, applicant/appellant) 3450 Via Oporto SUMMARY: An appeal by the applicant of the Planning Commission's revocation of Use Permit 3626. ACTION: Continue to January 23, 2001. Introduction The applicant has filed an appeal (Attachment # 1) of the Planning Commission decision to revoke a use permit for a full service restaurant and entertainment facility known as Buzz. Section 20.95.050 (A) of the Newport Beach Municipal Code (NBMC) requires that the appeal be scheduled for hearing within 30 days of the filing, unless the applicant/appellant consents to a later date. A representative of the applicant/appellant has submitted a letter (Attachment #2) requesting a continuance and expressing a willingness to correct the violations that lead to the revocation. Due to the large volume of support material necessary for the City Council to prepare for the hearing and the anticipated time required to conduct the hearing, staff is recommending that this item be continued to the meeting of January 23, 2001. Staff also requests that the City Council direct the applicant/appellant to submit any additional materials in support of the appeal to staff no later than January 5, 2001 so that it can be reviewed and included in the staff report, which will be delivered to the City Council on January 12, 2001. Background On October 5, 2000, the Planning Commission was informed of apparent violations of the terms and conditions of approval for the establishment known as Buzz (Use Permit 3626). Planning Commission determined that there are reasonable grounds for the revocation of the use permit and, at the request of the applicant's legal counsel, set the revocation hearing date for November 9, 2000. Section 20.96.040 of the NBMC authorizes the Planning Commission to revoke a use permit upon making one or more of the following findings: is 1. That the permit was issued on the 'basis of erroneous or misleading information or misrepresentation; 2. That the terms or conditions of approval of the permit have been violated or that other laws or regulations have been violated; 3. That there has been a discontinuance' of the exercise of the entitlement granted by the permit for 180 consecutive days. On November 9, 2000, the Planning Commission voted (6 ayes, 0 no, 1 absent) to revoke Use Permit 3626. The applicant filed the notice of appeal on November 27, 2000. Analysis The Anneal The applicant bases the appeal on the following arguments: 1. The Planning Commission had no authority to revoke Use Permit 3626. 0 2. The Planning Commission acted arbitrarily and capriciously by refusing the applicant's request for a full evidentiary hearing. This would include witnesses testifying under oath, the opportunity to cross - examine, issue subpoenas, and conduct discovery. 3. Many of the supporting materials to the Planning Commission's staff report were provided too close to the hearing, which did not give the applicant enough time to prepare an adequate rebuttal. 4. The Planning Commission's action has no rational basis, violates the First Amendment rights of the applicant, and lacks any adequate substantive factual basis. 5. The Planning Commission refused to take any testimony from the applicant and their witnesses. 6. The Planning Commission hearing violated the California and United States Constitutions and deprived the applicant of their Constitutional rights. 2 Use Permit 3626 (Burr) Revocation Appeal December 12, 2000 Page 2 • The Planning Commission's Action The Planning Commission first addressed the applicant's request for a full evidentiary hearing. Both the Assistant City Attorney and the independent legal counsel retained for the revocation hearing (Philip D. Kohn of Rutan & Tucker) advised the Planning Commission that the judicial - type proceedings requested by the applicant were not applicable to the revocation proceeding relating to the use permit. Furthermore, the applicant is provided due process through the opportunity to be present, to be confronted with the evidence that is being presented to the Planning Commission, to be provided with the opportunity to present testimony, documentary evidence, argument and whatever other written or oral information he wishes the Commission to consider. The Planning Commission concluded that the public hearing procedure, which includes the staffs presentation, the applicant's presentation, public testimony, and the applicant's rebuttal, was the proper procedure for the revocation hearing. The Planning Commission then addressed the applicant's request for a continuance. Some Commissioners acknowledged that there was a voluminous amount of support material, most of which consisted of arrest reports and declarations from Newport Beach Police Department (NBPD) officers. However, the consensus of the Planning Commission was that the primary issue was whether or not the project was in compliance with the terms and conditions of approval. The Planning Commission questioned the value of detailed inquiries into the arrest reports and the declarations of the NBPD, noting that NBPD officers were either present at the hearing or on call should they be needed. The Planning Commission concluded that the applicant did not present a compelling justification for another postponement of the revocation hearing and chose not to grant the request for the continuance. The Planning Commission then addressed whether the findings could be made to revoke the use permit, focusing on two key points. First, the extent to which the project as it operates today deviates from that approved by the Planning Commission and the City Council in 1998. Second, whether the terms or conditions of approval of the use permit have been violated or that other laws or regulations have been violated. In their discussion, the Planning Commission placed a strong emphasis on the applicant's admission that the interactive and skill games described in the project application and depicted on the approved floor plans had been removed and that valet parking service was not being provided. The Planning Commission confirmed that the substantial number of interactive and skill games was a key factor in the Planning Commission's approval of the project. The interactive and skill games were used to establish the operational characteristics of the project and served as the basis for the increase in the project's net public area and the partial waiver of the project's off -street parking requirement. The Planning Commission concluded that the removal of the games and subsequent use of this area for food and beverage service and dancing is in direct violation of Use Permit 3626 Condition No. I, which requires that the development be in substantial conformance with the approved floor plan. Furthermore, the Planning Commission concluded that failure to provide valet parking was in direct violation of Use Permit 3626 Condition No. 3, which requires the project to . provide a valet parking service. 3 Use Pemtit 3626 (Buzz) Revocation Appeal December 12,2000 Page 3 Based on the testimony of the applicant and the information contained in the staff report, the Planning Commission voted to revoke Use Permit 3626 with the following findings: • Finding No. 1: The permit was issued on the basis of erroneous or misleading information or misrepresentation. 1. The Planning Commission approved Use Permit 3626 on the basis of erroneous or misleading information or the misrepresentation that the project was to permanently operate as a full service restaurant/recreation facility. The full service restaurant/recreation facility was seen as a means of establishing a use that would correct the problems with the previous bar /nightclub use of the project site and be beneficial to the surrounding area. However; the project is being operated as a bar /nightclub that is negatively impacting the project site and the surrounding area. 2. The increase of net public area and the waiver of 41 additional parking spaces was based on the erroneous information that the second floor game area was identified as a permanent feature of the project. Since electronic game centers have a significantly lower off - street parking requirement than eating and drinking establishments, this feature was used as justification for the increase in net public area and the parking waiver. However, within six months of the issuance of the certificate of occupancy, all but a few of these games were removed and the floor area was converted to food and beverage service and dance floors. This increased the net public area of the project, leading to higher parking demand. The . representative of the applicant stated that the first and second floors are no longer used as game area. Finding No. 2: That the terms or condition's of approval of the permit have been violated or that other laws or regulations have been violated. 1. The floor plans submitted with the application depicted a significant portion of the floor area devoted to game units. However, within six months of the issuance of the certificate of occupancy, these games were removed, which is in direct violation of Use Permit 3626 Condition No. 1, which requires that the development be in substantial conformance with the approved floor plan. 2. A representative of the applicant has stated that the project has ceased to provide valet parking services, which is in direct violation of Use Permit 3626 Condition No. 3, which requires the project to provide a valet parking service. 3. The Code Enforcement Division issued administrative citations on February 5, 2000 and February 26, 2000 for exceeding the City's exterior noise standard and Use Permit 3626 Condition No. 24, which requires compliance with the City's noise standards. 0 y Use Permit 3626 (Boa) Revocation Appeal December 12, 2000 Page 4 4. From January 1, 2000 to September 30, 2000, the Newport Beach Police • Department has documented at least 66 calls for service and 98 officer - initiated activities at the project site. The NBPD concluded that the project was having an adverse impact on the health, safety, and welfare of the neighborhood and the general public and is a drain on police resources. 5. The State Department of Alcoholic Beverage Control has formally advised the project owners that the continued criminal acts at the project site and surrounding area constitute a disorderly house and a nuisance. Conclusion Should the City Council grant the appeal and reverse the Planning Commission's revocation of Use Permit 3626, the project will be allowed to continue to operate subject to the terms and conditions approved in 1998. Should the City Council affirm the Planning Commission's revocation of Use Permit 3626, all rights and entitlements granted by the use permit will become voided immediately. Submitted by: PATRICIA L. TEMPLE Planning Director • PdA, r ci �1v % Attachments: 6_1 Prepared by: PATRICK J. ALFORD Senior Planner 1. Appeal Application. 2. December 1, 2000 letter from the applicanttappellant. S Use Permit 3626 (Buzz) Revocation Appeal December 12, 2000 Page 5 CITY OF NEWPORT -BEACH APPLICATION 70 APPEAL DECISION OF THE PLANNING COMMISSION ApcicationNc. ttemsted relocation of Use Permit 3626 Erik Rameson and Hospitality Management Group, by and Name of Appe!lantthrough Stephen Allen Jamieson, Solomon, Saltsman & cr parson ;!ling: Jamieson, attorney of record for Phone: (310) 822 -9848 ppe an s. Address: 426 Culver 31•rd., r ava del Rev, Clalifornia, 90293 Cate of Planning Commisson decision: Nover„ber 9 , 2000 Regarding application of: AttemLt: =_d relocation o' Use Permit 36226 for (Description of application filed with Planning Commission) the Buzz resta'.;rant, located at 3450 Via Oporto, Newport Beach, Ca-lifornia Appeal :lease see the attached'lett =_r (incorporated b this Raascn_ for Ap,._al : Y reference) k1len Jamieson., 'as Attorney alf of Appellants CLERK FOR OFFICE USE ONLY CG :e Nov. 27, 2000 Date Appeal fled and Administrative Pee received. %�(y C• ✓ 97 2000 . Hexing Cat=_. An appeal shall be s &-edded for a hearing before the City Council wt:hin thirty (30) days of the thing of the appeal unless both applicant and appellant or reviewing body consent . tc a !ater date (NBMC Sec. 20.95.050) Note that Appellants consten to CZ: Appellant a. later date of appeal. P!anrting (Fumisrl one sat c` mail) -, labe's for mairmg) File '" ... APPEALS: M_r.icipal Code Sec. 2C SS.C-06 Appeal Fee: C257 pur;uart to Rescl;:tien llo. 2C ^G -SS adccied on E -27 CC0 (eff. VVCC) (Gecosi, funds vy"h it Account "27700 - _5000) t —1 u 1] u LAW OFFICES OF • SOLOMON, SALTSMAN & JAMIESON A Partnership Including Professional Corporations 426 CULVER BOULEVARD PLAYA DEL REY. CA 90293 (310) 822 -9848 FAX (310) 822 -3512 November 27, 2000 VIA HAND DELIVERY Newport Beach City Council Newport Beach City Clerk City of Newport Beach .3.300 Newport Blvd. Newport Beach, CA 92663 Re: Appeal of November 9, 2000 Planning Commission action attempting to revoke Use Permit 3626 To the Honorable Council Members, Mayor, and to the City Clerk: Please be advised the undersigned represents the holder of Use Permit 3626, commonly known as The Buzz Restaurant (hereinafter referred to as "Appellants ") in regards to the above - referenced matter. Appellants, pursuant to Chapters 20.95, 20.96 and all other applicable Chapters, Titles, and provisions of the Newport Beach Municipal Code, hereby appeals the November 9, 2000 Planning Commission action purporting to revoke Use Permit 3626. Please find attached a check in the amount of $287.00 made payable to the City of Newport Beach for the appeal fee, as well as the appeal form provided by the City. This appeal is made on the ground that, pursuant to the conditions of Use Permit 3626 and pursuant to Newport Beach Municipal Code Section 20.96.040 and all other pertinent provisions, the Planning Commission had no authority to revoke Use Permit 3626. This appeal is further made on the grounds that, in attempting to revoke Use Permit 3626, the Planning Commission acted arbitrarily and capriciously. The Commission while, empowered to administer oath and to take sworn testimony, refused and/or failed to do so. In addition, the Commission's purported revocation of Use Permit 3626 was based on un -sworn, unverified, and uncorroborated, multiple hearsay testimony evidence submitted by staff of the City departments. In addition, the Commission having the power to compel the attendance of witnesses refused and failed to compel the attendance of witnesses whose alleged testimony was used as grounds for the attempted revocation of the Permit and provided in related Planning Department staff reports. The materials upon which it based its action were provided too close to the hearing and thus did not I Newport Beach City Council Newport Beach City Clerk City of Newport Beach November 27, 2000 Page 2 give Appellant adequate time to prepare to rebut the evidence the City presented. Furthermore, the purported revocation has no rational basis, violates the First Amendment rights of Appellants, and lacks any or adequate substantive factual basis. This appeal is further made on the ground that, during the November 9, 2000 hearing the Commission refused and did not take any testimony from Appellants and their witnesses. The revocation resolution and factual findings are inadequate as a matter of law. This appeal is further made on the ground that the Planning Commission hearing was conducted in manner that violated the California and U.S. Constitutions and deprived Appellants of their Constitutional rights. Said violations include, but are not limited to, violating Appellants' Due Process rights, including but not limited to their rights of notice and opportunity to rebut the charges against them. Said violations also include, but are not limited to, violating Appellants' Equal Protection rights, and violating the Takings Clauses of the California and U.S. Constitutions by, inter alia. wrongfully infringing upon Appellants' Constitutionally protected and vested property rights. Very truly yours,- j TSMAN & JAMIESON ALLEN JAMIESON SAJ /mg cc: Robin Clauson, Assistant City Attorney Randy Teffeteller, Hospitality Management Group Eric Rameson, Applicant Michael Cho, Esq. Barry Hammond Stephen Warren Solomon, Esq. \SOSERVERTDRMV OM Cues S•Z\Telfarller, Ro y- Buss Resuu.tXLUPMl,d. 11 1] From4Faq S49L,2567116 To: Patricia Temple 0 December 1, 2000 Ms. Patricia Temple Director, Planning Department City of Newport Beach PO Box 1768 Newport Beach, Ca. 92658-8915 Date: 1214100 Time: 12:46:56 PM Page 2 of 3 1 ASLAN B COMPANIrES R ES A A J O S NY V E N T U IRE Subject: Use Permit No. 3626 (the Buzz" restaurant; 3450 Via Oporto Dear Ms. Temple: Thank you for taking the time to meet with Steve Jamieson and myself regarding the Buzz Restaurant. I believe that our meetings have produced a new level of understanding and communication. Given this positive development, we are proposing some changes in the operations of The Buzz and a continuance or table of the appeal scheduled for the December 12, 2000 Newport Beach City Council meeting. Before getting into the actual proposal, I would like to re -state that it was not the intent of anyone associated with this project to deceive the planning commission or the City when this use permit was obtained in 1998. The plan was to develop the project as stated in the hearing where the use permit was issued. Unfortunately, the public, who arc the customers of The Buzz, did not accept the concept and it was quickly evident that the concept was not going to work. Given this reality the games were removed alter many months of lack of consumer acceptance and the operation changed. This in part brings us to the matter before us. It is also my understanding, that despite the fact that the Police have had some problems at the restaurant, they feel that the current operator has a reasonable security plan and has trained staff to adequately handle security. In order to comply with the conditions of Use Permit # 3626 and to show good faith to The City of Newport Beach, we propose the following: Items to bring the restaurant into compliance with the conditions of the permit: 1. Valet Parking will immediately begin, as required in the permit. 2. The approx. 2,000 sq. ft. of game area on the second floor will not be used for general operations, unless the use permit is amended. This area may be used for banquets and special events, such at the Boat Parade, Items offered as good faith to The City of Newport Beach: 1. Restaurant will expand operating hours to increasingly reflect a restaurant during the Holiday Season. 2. "Drinks" will be sold only at the 2 permanent bars, or via a server (no 'cooler tubs ") 3. Dancing will be restricted to an area consistent with the Use Permit 41 CORPORATE PARK. SUITE 210 • IRVINE, CA 92606 TELEPHONE: 949/260-7117 • FAX: 049/250.7116 From: Fax 949/250 -7116 To'. Patricia Temple Date: 12/4/00 Time: 12:46:56 PM Page 3 of 3 4. One source of live entertainment per floor. 5. Re -state our agreement with the Police that the operator will not use outside promoters, but can use HMG staff. 6. Per our conversation with Capt. Newman, we will meet the Newport Beach Police department within the next 2 weeks to review and improve the security plan then follow up on a periodic basis. 7. The operators will implement the City's Alcoholic Beverage Outlet ordinance (section 20.89.050) section 9. Responsible Beverage Service /Sales Training Requirements and have its managers and employees serving and/or selling alcoholic beverages undergo and successfully complete a training program in responsible methods and skills for serving and selling alcoholic beverages. 8. Submit an application for a revised use by January 31, 2001. I believe this includes the things that we discussed and trust this is an acceptable solution for The City. Again thank you for your time, I look forward to your positive response. Cc: Robin Clauson, City Attorney Capt. Tim Newman, Newport Beach Police Steve Jamieson Randy Teffeteller /D 11