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HomeMy Public PortalAboutCity Council_Minutes_1963-12-19_Special 1963PUBLIC HEARING CITY COUNCIL TEMPLE CITY CALIFORNIA DECEMBER 19, 1963 Mayor Nunamaker called the meeting to order at 7:35 P. M. and led the Pledge of Allegiance to the Flag. Roll Call: Present: Councilmen - Dickason, Fitzjohn, Merritt, Tyrell, Nunamaker Absent: Councilmen -None Also Present: City Attorney Shatford, City Manager Woollett The Mayor stated the purpose of this Hearing was to deter- mine whether to grant or deny the application for a dancing and a entertainment license at the Jolly Coachman, 9151 E. Las Tunas Dr. Councilman Fitzjohn moved to open the public hearing, Coun- cilman Merritt seconded, and carried. City Manager Woollett read the application for both licenses applicant Raymond Demarais the new owner of the business of 233 E. Willow, Long Beach, and Francis Zielke the Manager of 16418 Gridley Rd., Norwalk. He also read in full the report from the Sheriff's Dept. regarding these applications which is the same for each one. The location is good, there are 9 parking spaces at the rear, well lighted and paved. The dance floor is in the middle of the building with raised band stand and seating is 20 stools and approximately 80 at tables, serving hot sandwiches only. He plans a jazz combo on Thursday, Friday and Saturday nights playing from 9 :00 to 1:30 and at other times a coin operated phonograph. Premises open daily from 10 :00 A. M. to 2 :00 A. M. Owner holds valid A.B.0 License # AB 1631 -B, on sale beer and wine. Sheriff records indicate no record on Mr. Demarais, owner, and Mr. Zielke, manager of location. T. C. station does not indicate location to be inordinate police problem. They also recommend imposing existing conditions imposed on dance license of former owner regarding use of rear door, which is to be used only for emergency purposes. City Attorney Shatford instructed the Council regarding Ordinance No. 53 -60 that the license could be denied only upon the basis that there be a finding based on facts pursuant to Section 33 which provides the entertainment use would be a public nuisance, or would be in any way detrimental to the public interest. Also the parking situation which under present regulations would require 31 parking spaces and all of which should be within a 500 ft. radius. The Mayor asked if anyone wished to speak in favor of this application. Raymond Demarais, 233 E. Willow, Long Beach, and the appli- cant, came forward and stated he wanted to have nice mature entertain- ment, a piano player, vocalist, small combo, just to dance to, or just enjoyable entertainment. He advised he had contacted a real estate office across the street regarding 13 parking spaces and also Tony's Shoe Shine Shop for available area. Francis "Zielke, 16413 Gridley Rd., Norwalk, Mgr., stated they were under the impression the place was certified as it has been operating there for some time, as to the use of the building, zoning etc. No one else came forward at this time to speak in favor. The Mayor asked if anyone wished to speak against these applications. W. ':'. Morrell, 6012 Loma, spoke in opposition. He stated he was far enough away so the noise did not bother him(.but he opposed the this type of operation adjoining the R -1 properties to the north. .551 Public Hearing; City Council, December 19, 1963, page 2 Mrs. Jos. W. Lang., 9133 Hermosa Dr:, asked if any, corres- pondence had been received regarding this business. She was advised by the City Attorney that his ruling, is that correspondence cannot be deemed as evidence because the applicant has no opportunity to cross examine and writer is not under oath, that he has ruled. the CityCoun• cil shall not read or consider any letters in their finding: The Court has ruled out use of such correspondence. Mrs. Lang advised she . is opposing this license because she feels it would only duplucate the nuisance that previously existed. She stated the owner could not control his patrons when leaving etc. and that under no conditions should the license be granted. Mrs. Viola Turner, 9141 Hermosa, stated she was directly in back of the Jolly Coachman and numerous times their fence had been broken and fence posts split, and requested denial of the licenses on the nuisance basis. Mrs. Marjorie Walters, 9145 E. Hermosa, stated since revoca- tion of the dance and entertainment licenses of the previous owner the they had been able to sleep. Previously the noise was something ter- rible and she was opposed to granting these licenses. Rev. Hamby, 5956 Golden West, ;advised some of his parishion- ers lived in the area, and had discussed this with him and he recom- mended these be denied .. as a nuisance. The City Attorney advised that the Council could not constder this in their deliberations as this was told to Rev. Hamby and relayed to the Council and would be only hearsay and so instructed the Council. Mr: 7ielke spoke again and stated that they intend to run a clean new. business. He understood problem was from type of nter- tainment that eisted and clientele it drew: Also he felt people dancing and havinc entertainment would cause a,nuisance: They desire to cooperate and anything that would come up in the future they could act upon to eliminate. Mr. Brooks, 916 Las Tunas Dr: stated he operated the res- taurant at this, address since early fall and he made applicatton and was granted a.license. He did not feel these applications should be judged on what has happened in the past and pre-suppose that it will develop_ the same conditions, and that Mr: Demarais should be grant- ed a license subject to requirements. Councilman Merritt moved to close. the Public Hearing as no one came forward to speak further, Councilman Fitzjohn seconded and carried, The City Attorney suggested a couple of matters for consider ation. First, the Council can impose any conditions they wished. The license could be issued for short periods of time and renewed if no problem and nobody objects. Also the testimony of Mr. Morrell, Mrs. Lang, Mrs. Turner and Mrs. Walters, was opposition testimony they could consider. Councilman Merritt stated he did not feel the new owner should, be . judged by the previous owner and that if complying with al l requirements in the ordinances he did not think the application should be held up. Councilman Dickason stated the four, property owners oppos- ing the licenses all stated conditions had improved since the revoca- tion of the dance and entertainment licenses at this location. We have. the R -1 zoning which abuts the commercial zoning which causes the problem and the rights or the people who have lived there some time have to be . protected and they have rights as well as people who open- ate businesses. He felt sure if in any other locations there would be no problem at all but that it has been demonstrated tonight this is a public nuisance still. There followed considerable discussion concerninc the parkin 552 Public Hearing, City Council, December 19, 1963, page 3 Councilman Tyrell asked the City attorney if parking is re- quired to be private or public and was advised parking should be withi. 500 ft. thereof, with one parking space for each 5 fixed seats, and if public parking space was there that would be adequate under the wording of the statute. Also, if parking district went through, that would be available parking. Mayor Nunamaker advised the private parking was furnished with building leases so free parking was for their building. Also, they have signed up to go into the parking district with some of the lots going to the City rather than the Parking District. Councilman Tyrell asked when the City takes over these lots if they would qualify for parking For businesses in 500 ft. area and the City Attorney stated he would say they would, but felt this should be clarified and made absolutely c'ear. Councilman Tyrell Felt we should reexamine parking requirements. Also, the ad.oining area is now R -1 and proposed R -3 on the new proposed zoning map and will be R -3 unless something unforseen shows up. As to traffic, it is nowhere near the magnitude of the problem Rev. Hamby has at his church on Sundays. He felt we are setting a policy and we have not required parking of any business in town. It has not been required across the street or at any of the little bars up and down the street. This migh be a good thing to consider. He stated it seemed to him it has been raised for the sole purpose of this particular application. He felt the issue was Far bigger than just the Jolly Coachman. ` :`e have not considered parking on other bar license renewals. Until such time as the City is in a position to undertake to provide a parkin strip be- hind all businesses, we are not in a position to deny on that basis. As for the residents in the area, they are concerned particularly with the noise factor. After the conditions were imposed, 1 never heard noise from the Jolly Coachman, particularly on busy nights. Before conditions were imposed, they had a legitimate gripe. With these conditions, 1 do not see how they can create a nuisance." He also felt that Mrs. Lang's allegations should be referred to the Sheriff's Dept. He thought the Council should make a real determina- tion on this issue tonight and, iF denied, on what basis: parking, nuisance, or detrimental to public welfare. Also, if denying on park- ing, we would be, in effect, bound to deny all other businesses up and down the street who do not have this parking. Helfelt this man should have an opportunity to prove or disprove himself and doubted there was as much traffic going down Loma as any streets in the town. Councilman Dickason stated Councilman Tyrell rightfully Pointe: out that on the new zoning map this R -1 area will become R -3, but even if adopted, he would not look for the nature of the neighborhood to change greatly within severai years until such time as the single family residences are replaced by apartments, and we will still have the nuisance factor. They would no longer have a valid argument on basis on which this application should be denied. There followed further discussion regarding business parking requirements. Councilman Fitzjohn stated by denying these twc licenses they were not putting the man out of business, that there are 8 or 10 bars and taverns in town and this is only one with beer and wine license asking for entertainment and dance licenses. He feels this is the wrong location for these type of licenses and no question in his mind that if granted, we would go through the same problem all over again. -He thought it would be a disgrace to the community and the people in the area if these two licenses were granted. Councilman Fitzjohn called for the question. Councilman Dickason made a motion to deny the applications for both dancing and entertainment, based on the public nuisance factor. Councilman Fitzjohn seconded. 553 1 1 Public Hearing, City Council, December 19, 1963, Page 4 Mayor Nunamaker wanted to discuss the motion and felt both the parking and business nuisance that might be created are factors that should be added to the motion. Councilman Dickason felt this was not germane as these laws are on the books and are automatically enforced through the City Manager. The City Attorney agreed with Councilman Dickason and ad- vised you could not enforce the parking requirements section on license renewals as you would have to tear down half the City. New building conditions would not apply as it was an existing, going business, sold as a continuing business. He advised leaving the park- ing requirements out. Councilman Dickason restated his motion that the applica- tions for dancing and entertainment licenses be denied on the basis that it will create a public nuisance, and is detrimental to public interest. Councilman Fitzjohn affirmed his second. Roll call vote to carry as follows: AYES: Councilmen - Dickason, Fitzjohn, Nunamaker NOES: Councilmen- Merritt ABSTAINING: Councilman - Tyrell Councilman Tyrell is legal advisor for the owner of the building occupied by the Jolly Coachman and for this reason, abstained from voting. Councilman Fitzjohn moved to adjourn and carried. Council adjourned at 9:25 P.M. to the next regular meeting on December 23, 1963, at 7:30 P.M. at the Cith Hall, 9664 E. Las Tunas Dr., Temple Cit, ATTEST: City Clerk Mayor 554