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Home My WebLink About16 - Woody's Wharf Conditional Use Permit Located at 2318 Newport Boulevard (PA2015-158) - Correspondence Received After Agenda Printed October 13, 2015 Item No. 16 From: Kiff, Dave Sent: Friday, October 09, 2015 1:57 PM To: City Clerk's Office Subject: FW:Woody's Wharf From: K Stoddard [mailto:kstoddard112falamail.com] Sent: Friday, October 9, 2015 1:57 PM To: Dept - City Council Subject: Woody's Wharf Newport Beach City Council Members, Woody's has a long history of violating virtually every permit and license granted it but the City has been very slow to take enforcement action. In most cases, there has been no enforcement at all. In spite of Woody's record of irresponsible operation, there has been steady movement on the part of the City first to allow Woody's to operate as a nightclub and then to allow it to expand its inappropriate nightclub operation. Why? First, Woody's was allowed to use its patio (its Outdoor Dining Area) until 10 PM. Then Woody's was allowed to use its patio until 11 PM.Then Woody's was allowed to use its patio and to have dancing until 2 AM on Friday and Saturday nights. (Food service stops at approximately 10 PM and the Outdoor Dining Area becomes the Outdoor Drinking Area.) Now, the City is recommending that Woody's be allowed to further expand its nightclub operation. Why? Woody's is located in an area of the city that has the highest alcohol related crime rate (public intoxication, public urination, fights, theft, littering, noise, etc.), the highest concentration of ABC licenses and more police calls for service than any other area of the city. During the late night hours, people roam up and down Newport Blvd., going from bar to bar, often yelling and fighting and walking in the street. In spite of all the area's problems, Woody's, with its typical indifference, wants to be allowed to serve more alcohol to more people! Woody's has applied to have dancing and the use of its patio until 2 AM on 64 additional nights (52 Thursdays plus twelve additional, non-specified nights) per year. This will result in a 62%increase in Woody's usable floor space so Woody's can pack in more people and serve more alcohol...64 additional nights per year...generating more alcohol related crime. It's just that simple. Because the portion of the amendment regarding the twelve additional nights is so poorly structured, it will be unenforceable and Woody's, given a little time, will be able to operate as a nightclub any night it wants to. Is that good for the area? Is that good for the City? Of course not. It's reckless and it's irresponsible. How many additional drunk drivers will result from this amendment? Woody's has been using its patio until 2 AM on Thursdays all summer in violation of its current use permit.The City was notified twice of this violation and took no action. Why? The acoustical study conducted by Woody's in ]anuary of 2013 was flawed because all sound measurements were taken at ground level where there are many obstructions. Our residences are located on the second and third floors of our buildings where there are no obstructions and where the noise levels are higher.The City then hired an acoustical consultant simply to confirm the results Woody's arrived at, not to conduct a separate, independent study. The City's consultant duplicated Woody's study (same measurement locations, etc.), again only measuring on the ground floor, and received approximately the same results. Woody's study is not representative of the actual noise levels we experience. Further, experience has shown that Woody's is quite capable of artificially manipulating their sound levels down whenever they believe it is in their best interest to do so. Several of the emails supporting Woody's in the revised staff report are from people who enjoy Woody's for lunch or dinner. These people have missed the point. Our issue is not with Woody's operation as a restaurant, it is with Woody's operation as a nightclub. 1 We believe Woody's current use permit amendment application is a direct result of the recently completed lawsuit settlement negotiations between the City and Woody's. The City probably sees this as an easy, no cost resolution to Woody's lawsuit...but there will be costs. The costs will be in increased alcohol related crime, a greater drain on police resources and a further degradation of the area. Serving more alcohol to more people...that's what this use permit amendment is really all about. You are obligated to represent the residents and the businesses...not just the businesses. You can be part of the solution by courageously standing up against this reckless and irresponsible amendment and take a step toward improving this area...or, the City can again concede to Woody's allowing its nightclub operation to run almost uncontrolled and voluntarily allowing the area to degrade even further with the residents again paying the price. If you vote to approve this amendment, you will bear part of the responsibility for the negative consequences that will result from it. The responsibility is yours. What will you dol Kent Stoddard 28th Street Marina 2 Received After Agenda Printed October 13, 2015 Item No. 16 From: Kiff, Dave Sent: Friday, October 09, 2015 1:57 PM To: City Clerk's Office Subject: FW: objection to woody's application for addition night use and alcohol -----Original Message----- From: Michael Lam [mailto:mlammd@gmail.com] Sent: Friday, October 9, 2015 1:44 PM To: Dept-City Council Cc: K. Stoddard; Dorine Lam Subject: objection to woody's application for addition night use and alcohol Dear honorable councilperson, As resident in the Penninsula, I like to register my strongest objection to Woody's restaurant continued unabated destruction of the neighborhood. Every Weekend night around 1:30-2:30 am,the entire neighbor becomes party central, with sirens going off,drunks roaming the streets etc. Please do NOT allow this to continue! Michael Lam, MD. 26th Street Marina Resident. t Received After Agenda Printed October 13, 2015 Item No. 16 From: Kiff, Dave Sent: Friday, October 09, 2015 2:38 PM To: City Clerk's Office Subject: FW:Wood's -----Original Message----- From: Bob Sullivan [mailto:bobsullivannp@sbcelobal.net] Sent: Friday, October 9,2015 2:37 PM To: Dept-City Council Subject: Wood's Close it the music you can hear and the noise all the way to 20 th it's getting worse! Sent from my iPhone i Received After Agenda Printed October 13, 2015 Item No. 16 From: Kiff, Dave Sent: Friday, October 09, 2015 4:12 PM To: City Clerk's Office Subject: FW:COUNCILORS - Re WOODY S WHARF AGREEMENT Follow Up Flag: Follow up Flag Status: Completed Categories: Jennifer -----Original Message---- 'From: Paul Astbury [mailto:aaulastburv7@gmail.com1 Sent: Friday, October 9,2015 3:52 PM To: Dept-City Council Subject: COUNCILORS-Re WOODY'S WHARF AGREEMENT My wife and I are Canadian Citizens,frequent visitors and Seasonal Patrons of WOODY'S WHARF since 1971,Seasonal Residents in So Cal for the past nine years and full time supporters of the Folks at WOODY'S WHARF. We can only say that we are very pleased with the outcome of the negotiations and are looking forward to our first visit to WOODY'S WHARF after we arrive in Laguna Woods for the Winter Season on November 22nd, 2015. We were wondering if we could tune in to your Council Meeting on the Internet on Tuesday evening the 13th of November,as most Council Meetings in our Province of Ontario are broadcast on Public Television and the Internet? Then we could all raise a glass to the successful conclusion of your discussions. Thanks to everyone for your support. Cheers, Paul Astbury and Joanie Kirkpatrick 1 Received After Agenda Printed October 13, 2015 Item No. 16 From: Kiff, Dave Sent: Saturday, October 10, 2015 11:18 AM To: City Clerk's Office Subject: FW:Way to go! Follow Up Flag: Follow up Flag Status: Completed Categories: Jennifer From: Scorpiodynamo@aol.com [mailto:ScorpiodynamoCabaol.com] Sent: Friday, October 9, 2015 10:08 PM To: Dept - City Council Subject: Way to go! This is a good settlement. It is time for all this to end. I hope you will easily vote to support this settlement and then go over and have a Celebratory dinner at one of the best restaurants ever!!:) Sincerely, Louise Davy t Received After Agenda Printed October 13, 2015 Item No. 16 From: City Clerk's Office Sent: Monday, October 12, 2015 8:55 AM To: McDonald, Cristal; Mulvey,Jennifer; Rieff, Kim Subject: FW: Modification of Woody's CUP From: Kiff, Dave Sent: Monday, October 12, 2015 8:55:27 AM (UTC-08:00) Pacific Time (US & Canada) To:City Clerk's Office Subject: FW: Modification of Woody's CUP -----Original Message----- From: Dennis Halloran [mailto:hallorandennis@Rmail.com] Sent: Sunday, October 11, 2015 9:49 PM To: Dept-City Council Subject: Modification of Woody's CUP It is important to recognize that Newport Beach is first and foremost a residential community. Nancy Gardener said it very clearly, in previous discussions,the General Plan was carefully crafted to assure that the residents came first, before Businesses and tourists. These modifications to CUP are approving a nightclub use in an inappropriate Mixed Use Area. Simple enough! Please recognize the long term implications of such a decision. Woody's is a fine restaurant and Bar, but a terrible nightclub. Their track record of being non compliant with rules sets off alarms everywhere. Kindly consider returning this to the Planning Commission or agreeing to the many recommendations of the Police Department that expansion outside is not a good idea. I trust in your ability to see what is the big picture here 1 Received After Agenda Printed October 13, 2015 Item No. 16 From: Denys Oberman <dho@obermanassociates.com> Sent: Monday, October 12, 2015 3:32 PM To: Dept - City Council; Kiff, Dave; Brown, Leilani Cc: Denys H. Oberman Subject: COMMENTS FOR THE PUBLIC RECORD- RE. WOODY'S WHARF CUP Application PLEASE DISTRIBUTE TO THE CITY COUNCIL AND ENTER INTO THE PUBLIC RECORD— Mayor, Mayor Pro-tem and Council Members: I am writing this letter to provide comment on the proposed Conditional Use Permit for the business establishment, Woody's Wharf, to be considered by the Council at tomorrow night's City Council session. The effort to review the application is appreciated. There has already been considerable public testimony and evidence related to Applicant's demonstrated operation, community impacts thereof,in addition to the ongoing issue of the Overconcentration of Alcohol establishments in the Balboa Penninsula area and related impacts. We are concerned with the proposed extended hours of operation proposed to be granted to an operator where there is clear evidence concerning that such operator does not control the impacts of the business on the surrounding neighborhood. Of particular concern is the notion that Operational hours and conditions should be of a Discretionary nature. It is completely irregular business practice to suggest that an operation subject to certain licensures can open, extend hours of operations at its sole will. As to the notion that the operation "may need to be open until 2:00 am on such days as sports playoffs", this is specious. Such games are played and telecast in the afternoons or early evenings, and do not have to be viewed or celebrated with late after-hours establishments creating impacts in a dense, residential area. Why should such exceptional priveleges be extended at the expense of the surrounding community? Furthermore, we implore the City to cease a Pattern of Practice that continues to exist on granting permits to businesses on a management/regulation by exception basis. In addition to being inappropriate relative to the facts and circumstances associated with this particular operator's performance, this creates a slippery slope relative to the regulation of all similar establishments. We respectfully request that this Operator be denied a CUP which includes permission for 2:00 am hours, and specifically 12 or any number of additional unspecified dates at its discretion. Thank you for your consideration. Denys Oberman t Resident and Community Stakeholder .................................................................... Regards, Denys H. Oberman, CEO ggI tBER�11lAN sg.,. Sftcfegy and nra mid AdviserN OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949)476-0790 Cell (949) 230-5868 Fax(949) 752-8935 Email: dho(a)obermanassociates.com CONFIDENTIALITY NOTICE:The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient,you are hereby notified that any disclosure, copying,distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476.0790 or the electronic address above,to arrange for the return of the document(s)to us. 2 Received After Agenda Printed October 13, 2015 Item No. 16 From: Linda Klein <Ikleinl4@me.com> Sent: Monday, October 12, 2015 5:11 PM To: Dept - City Council; Brown, Leilani; Kiff, Dave Subject: Just Say NO - to Woody's press to expand H Please do not grant Woody's ANY of the business expansion it is requesting. Woody's is well documented to be a bad operator and has been hugely problematic to our community.This business has degraded our priceless beach area and is destroying our long sought efforts to redevelop and clean up this troubled area of our Peninsula. Respectfully, Linda Klein To be placed in the public record. 1