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CC - 11-26-91APPROVED CITY OF ROSEMEAD MINUTES OF THE REGULAR MEETING DATE ,Zf-2a ROSEMEAD CITY COUNCIL / NOVEMBER 26, 1991 RY-"LHy~'~ The Regular Meeting of the Rosemead City Council was called to order by Mayor Imperial at 8:04 p.m. in the Council Chambers of City Hall, 8838 E. Valley Boulevard, Rosemead, California. The Pledge to the Flag was led by Mayor pro tem Clark. The Invocation was delivered by Pastor Charlie Corum of the Olive Branch Outreach. ROLL CALL OF OFFICERS: Present: Councilmen Bruesch, McDonald, Taylor, Mayor Pro Tem Clark, and Mayor Imperial Absent: None APPROVAL OF MINUTES: NOVEMBER 12, 1991 - REGULAR MEETING There being no objection, approval of these Minutes was deferred to the next Regular Meeting. Mayor pro tem Clark requested that clarification be made on Page 12, fifth paragraph from the.bottom "...that if it went counter clockwise like the...." APPROVAL OF MINUTES: NOVEMBER 19, 1991 - ADJOURNED MEETING There being no objection, approval of these Minutes was deferred to the next Regular Meeting. HONORING STUDENTS AT TEMPLE INTERMEDIATE SCHOOL FOR "OPERATION TEDDY" t_ Mayor Imperial announced that this Proclamation would be presented at the school on November 27, 1991, by Mayor pro tem Clark and Councilman Bruesch. I. ORAL COMMUNICATIONS FROM THE AUDIENCE A. Frank Delia, Temple City Boulevard, talked about the taxes being assessed by Los Angeles County. Carmen Baffo, 8443 E. Village Lane, was opposed to the dance and entertainment permit being requested by Charley Brown's Restaurant located at San Gabriel Boulevard and Walnut Grove. Mr. Baffo cited increased problems with traffic and noise. II. PUBLIC HEARINGS An explanation of the procedures for the conduct of public hearings was presented by the City Attorney. A. A PUBLIC HEARING TO CONSIDER A CITY-INITIATED REQUEST TO AMEND THE ROSEMEAD MUNICIPAL CODE CONCERNING REGULATIONS TO ESTABLISH A FLOOR AREA TO LOT AREA RATIO TO LIMIT THE SIZE OF RESIDENTIAL STRUCTURES (PC RES. 91-21) - CONTINUED FROM NOVEMBER 12, 1991 The public hearing remained open and there being no one wishing to speak, the public hearing was closed. The following ordinance was presented to the Council for introduction: ORDINANCE NO. 689 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING ARTICLE IX OF THE MUNICIPAL CODE WITH REGARD TO"THE ESTABLISHMENT OF FLOOR-AREA RATIOS IN RESIDENTIAL ZONES CC 11-26-91 Page #1 Councilman McDonald requested that the date in Section 11 be changed to November 26, 1991. MOTION BY COUNCILMAN MCDONALD, SECOND BY MAYOR PRO TEM CLARK that ordinance No. 689 be introduced on its first reading and that reading in full be waived. Before vote could result Councilman Taylor stated that he was opposed to the provision requiring a conditional use permit for homes over 2,500 square feet and requested the following remarks to be entered verbatim: "I agree that staff has worked on this. We've kicked it back a couple of times but there's one item in here that I cannot go along with and I think it's one of the most important as far as I'm concerned and I think the residents if they understood what it actually is saying. Mansionization, we've had a problem in the past as far as when homes were built they didn't have the proper. setbacks and planned developments, they could have ten and twelve foot backyards and this corrects it. It's proportionate to the size of the home, the lot would be larger and I agree with that one hundred percent. But the one item that I cannot vote on is to say to a homeowner because you may have a larger home, and I'll use myself as an example, that I have nine children and I built a six-bedroom home and it's over the 2,500 square-foot requirement. To make me or any resident in this community and there was a Hindelman family that lived on Rio Hondo there, they also had nine children, and to come to this Council or the City I think it's almost an infringement on the right of being a human being to say that for you to live in this community and to build a home that you think that you need, we will require you to.get a conditional use permit, the same thing that Charley Brown's has to do to get a dancing permit. I think that's very wrong to say to a residential homeowner, you cannot build a home in the City of Rosemead unless you get a conditional use permit. And I will vote no on it but before that I would like to make an amendment to the motion that we delete the conditional use requirement." The maker of the motion and the second did not agree to this amendment. There being no further discussion, vote resulted: Yes: Bruesch, Imperial, Clark, McDonald No: Taylor Absent. None Abstain: None The Mayor declared'said motion duly carried and so ordered. III.LEGISLATIVE A. RESOLUTION NO. 91-62 - C EIKS & DEMANDS The following resolution was presented to the Council for adoption: RESOLUTION NO. 91-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $597,940.14 NUMBERED 37774-37804 AND 34973 THROUGH 35093 MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN McDONALD that Resolution No. 91-62 be adopted. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC 11-26-91 Page #2 0 B. RESOLUTION NO. 91-63 - APPROVAL OF STATE AND LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5358 The following resolution was presented to the Council for adoption: RESOLUTION NO. 91-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING STATE-LOCAL ENTITY MASTER AGREEMENT NO. SLTPP-5358 MOTION BY COUNCILMAN McDONALD, SECOND BY COUNCILMAN BRUESCH that Resolution No. 91-63 be adopted. Vote resulted: Yes: Bruesch, Taylor, No: None Absent: None Abstain: None Imperial, Clark, McDonald The Mayor declared said motion duly carried and so ordered. C. RESOLUTION NO. 91-64 - APPROVAL OF PROGRAM SUPPLEMENT AGREEMENT NO. 001 TO STATE AND LOCAL ENTITY MASTER AG: NO. SLTPP-5358 The following resolution was presented to the Council for adoption: RESOLUTION NO. 91-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING PROGRAM SUPPLEMENT NO. 001 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE 1989-90 ASPHALT CONCRETE OVERLAY ON VARIOUS CITY STREETS MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that Resolution No. 91-64 be adopted. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. D. ORDINANCE NO. 693 - APPROVING A REQUEST FROM MICHAEL CIRRITO TO CERTIFY CONDITIONAL USE PERMIT 91-534 WHICH PROPOSES DEVELOPMENT OF A CAR WASH AT 3606 ROSEMEAD BOULEVARD, BY AMENDING THE MUNICIPAL CODE TO ALLOW THE ESTABLISHMENT OF CAR WASHES IN THE C-3 ZONE UPON ACQUISITION OF A CONDITIONAL USE PERMIT AND A MODIFICATION OF A CONDITION REQUIRING ADDITIONAL OFF-STREET PARKING - ADOPT The following ordinance was presented to the Council for adoption: ORDINANCE NO. 693 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE MUNICIPAL CODE BY ADOPTING LAND USE REGULATIONS FOR CAR WASHES MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN TAYLOR that ordinance No. 693 be adopted. Vote resulted: Yes: Bruesch, Taylor, Clark No: Imperial, McDonald Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CC 11-26-91 Page #3 0 9 E. ORDINANCE NO. 694 - AN URGENCY ORDINANCE IMPOSING A 45-DAY MORATORIUM ON THE ISSUANCE OF NEW ENTERTAINMENT LICENSES FOR KARAOKE/KTV STUDIOS - ADOPT The following urgency ordinance,was presented to the Council for adoption: ORDINANCE NO. 694 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD IMPOSING A 45-DAY MORATORIUM ON THE ISSUANCE OF NEW ENTERTAINMENT LICENSES FOR THE PURPOSE OF KARAOKE/KTV STUDIOS AND DIRECTING THE PLANNING DEPARTMENT TO INITIATE A STUDY WITH RESPECT TO DEVELOPING APPROPRIATE ZONING REGULATIONS GOVERNING SUCH USES MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that ordinance No. 694 be adopted. Vote resulted: Yes: Bruesch, Taylor, No: None Absent: None Abstain: None Imperial, Clark, McDonald The Mayor declared said motion duly carried and so ordered. IV. CONSENT CALENDAR CC-A ACCEPTANCE OF STREET EASEMENT FOR 2603 CHARLOTTE AVENUE CC-B APPROVAL OF COSTS FOR CITY OF ROSEMEAD PARADE TO BE HELD ON JULY 4, 1992 CC-C REQUEST FOR ADDITIONAL SCHOOL MARKINGS ON EGLEY STREET FOR BITELY ELEMENTARY SCHOOL MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the foregoing items on the Consent Calendar be approved. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark, McDonald No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. V. MATTERS FOR DISCUSSION & ACTION A. REQUEST FROM AMAX, KTV, 9151 VALLEY BOULEVARD, FOR MODIFICATION OF ENTERTAINMENT PERMIT HOURS OF OPERATION VERBATIM DIALOGUE FOLLOWS: FRANK G. TRIPEPI, CITY MANAGER: Mr. Mayor, members of the Council, you have a request from Mr. Feng, the owner. He is requesting that the City allow him to increase the hours of operation. I believe he's in the audience this evening to answer any questions. IMPERIAL: Does the owner of the Karaoke here wish to say anything? AUDIENCE: I'll let my attorney represent me. IMPERIAL: Fine. Would your attorney like to speak? AUDIENCE: Good evening, Mr. Mayor, members of the Council, ladies and gentlemen of the staff. My name is Joe Micelli. I already have submitted a request of authorization to speak. I hope you don't call me twice. It's going to be hard enough to go through this once. The reason why we're here today is in order to maybe explain in a little more detail what a Karaoke is, what it is that AMAX KTV has been doing CC 11-26-91 Page #4 i i MICELLI CONTINUES: and to review what took place at the time of the initial application for an entertainment permit which resulted in Council imposing a 1:00 closing time on AMAX.. We have submitted for Council's review a packet previously. I hope you've all had an opportunity to review it and I would at this time like to also submit to Council petitions from some 84 adjoining property owners ...all of whom are in support of expanding the hours of AMAX KTV. In fact, I've taken my own poll of the adjoining property owners and found that they truly believe that their environment is much more safe and much more secure as long as AMAX KTV is in operation. The reason being is that AMAX has always provided valet parking services to the facility in an effort to not only service their customers but also to reduce any noise that would be generated from the parking lot. As a result of the presence of the valet parker at the parking lot, he's in the unique position of surveying the adjoining property owners and there are in fact three residents which are immediately abutting to the parking area to which valet parker has direct access visually to their location and which otherwise are not only secluded off of Valley Boulevard but are in the dark. Furthermore the valet parker has an unobstructed view across Valley Boulevard to the businesses across the street which would also provide a benefit to those properties. We have submitted as part of our package a map of the City of Rosemead which has attempted to clearly identify 24 other businesses within the City in a surrounding area of the Karaoke which are open from 2:00 and in fact are open on a 24-hour basis. We submit to Council that the Karaoke in no way creates additional noises over and above these other business which are in operation and in support of that went through the great expense of hiring an acoustical engineering firm, DB Associates, a copy of their report has also been submitted to you for your approval and review. DB Associates came out and took acoustical. readings pursuant to the guidelines set forth in the ordinance and determined that in fact the utilization of the individual rooms that are built inside of the Karaoke in no way create any violation to the noise ordinance. The noise ordinance, I'm sure you're all aware, looks to the effect on receptor properties and between the hours of 10:00 p.m. and 7:00 a.m. the ambient noise level cannot exceed 45 DBA. It turns out the ambient noise level in this area off of Valley Boulevard is in fact 48 DBA plus or minus one so the ambient noise level itself is in violation of your noise ordinance. The acoustical engineer, however, in his evaluation stated that when the primary Karaoke room, a copy of the original floorplan which was presented to the City designated that area, unfortunately there is not one attached to this submittal. When the main Karaoke room is in operation and the front door to the Karaoke is open then noise levels that come out of that front door would in fact violate the noise ordinance. So what the acoustical engineer had done was went through and provided for us in his report a number of mitigating measures which could be implemented to insure that that would not take place. Amongst those was the installation if you will of a sound locked vestibule so that there would be two doors to the Karaoke. So someone who was entering into the Karaoke would come into a vestibule, that door would close, and then they would open a door which would lead them into the establishment so that at no time would the outside air be exposed to direct noise from inside the Karaoke. Another suggestion that he had come up with was to in fact eliminate the open area and create two other rooms in that space for private utilization, the reason being is that when those rooms were utilized because the.doors were closed again there would be no noise being let out into the atmosphere when the front door was open because. they would in fact be contained. Now, to ally some of Councilman McDonald's fears AMAX has on all of its private rooms not only glass doors but has installed glass windows to each one of those rooms to allow unobstructed view into each one of those private rooms, to insure that shall we say no hanky panky takes place and in fact AMAX has gone out of its way to provide for the benefits of the adjoining property owners as well and it has done so in so far as they are prepared to do whatever is reasonably necessary to mitigate any noise which is being generated from the Karaoke and I think that that is the essence of the problem. Number one I think that when the Council was looking at AMAX's original submittal they didn't quite know what to do with it. I don't think they even knew CC 11-26-91 Page #5 MICELLI CONTINUES: what a Karaoke was at that time. The issue should not really be let's allow them to create noise only until 1:00. The issue should be can they do something to mitigate the noise to the adjoining property owners and thereby not be subjected to a violation of the noise ordinance. The other issue is are they in fact an entertainment establishment because in reviewing the entertainment license... Section 7.36.200 which deals with hours of operation states and I quote "Generally no entertainment of any sort other than mechanical music may be conducted in an establishment for which this Chapter requires a license between the hours of 2:00 a.m. and 6:00 a.m." So, if you were to hold that the act of people going into a room, turning on what is the modern day equivalent of Mitch Miller's bouncing ball and singing to themselves and their friends, is entertainment, yes they are an entertainment establishment, yes they fall under the guidelines of the entertainment ordinance and yes you should be able to regulate them between the hours of 2:00 and 6:00. However, if you were to find that this is nothing more than Mitch Miller's bouncing ball and is the equivalent of what you and I and I think 99% of this population does every day, and that's sing in their car, then I would have to say no, they're not an entertainment establishment. They.provide mechanical music which is exempted under the entertainment ordinance and therefore as long as they are not in violation of the noise ordinance should be allowed to stay open as long as they want. IMPERIAL: Providing you don't charge yourself to sing in your car, go ahead. MICELLI: So, again I've submitted all those things to you for your consideration. The second thing is I think that there was also a misconception as to the nature of the Karaoke. Here I have the song menu book and in it, because I took the time today to count the number of titles, there are over 898 American titled songs, ranging from rock and roll to children's songs. There is nothing in the nature of a Karaoke which is endemic to any culture. I think it's endemic to all cultures and to the very essence of the human spirit and that is an opportunity to express themselves. We live in a modern society where the majority, I would like and I'm not quite of that, but I think the majority of people work a schedule which is from 9:00 to 5:00. They traditionally find their entertainment between the hours of 5:00 and maybe 10:00 and go to bed by 10:30 so that they're up to go to work at 7:00. However, our society is rapidly changing. Our freeways are congested. More and more, cities are enacting ordinances to not only attempt to create an environment where people can carpool but where businesses are allowed to stay open at varying hours so that we can reduce the congestion on our freeways. So we do see more and more people that are at work between the hours of 4:00 in the afternoon and get off of work at 12:00 at night and for a short period of time are looking for some means of entertaining themselves and under the.terms of the ordinance which are now in effect when these people come to AMAX for their entertainment and they walk into the door at fifteen minutes after twelve and they see that there are no rooms going to be available to them they are turning around and leaving. As a result of that the gross daily revenues from AMAX have gone and dropped pursuant to a financial analysis which was conducted and has presented to you for your evaluation from $724.26 a day to $139.37 a day. The result of that drop was essentially to compel AMAX to shut down for a short. period to see if it was even financially viable for them to continue being in operation. As a result of a mixup in us not getting on the schedule for the previous Council meeting AMAX has since reopened but their sales have been dismal at the most and in fact have fallen far short of the $100 per day mark. In short, I think that what you have here is someone whose adjoining neighbors really feel provides a benefit to this community. It may be something that now is on the rise and you need to control and it's well within the province of this body to do it. The issue is though one of fairness. If the issue is noise generation then application of the ordinance, of the noise ordinance needs to be done but the noise ordinance is dealing with the generation of noises in excess of 45 DBA and AMAX is more than willing to take reasonable corrective measures to insure that they do not CC 11-26-91 Page #6 MICELLI CONTINUES: violate those noise levels and to insure that any noise that is created is contained within their lot. Also, I think that you will find that AMAX has at all times maintained an excellent rapport with all of their neighbors and in fact their neighbors are in support of allowing them to have expanded hours on a 24-hour basis. I think we have some other people here that want to speak in support of AMAX so I'll quietly and meekly sit down but again I would hope that the Council... IMPERIAL: Before you do counselor. This petition says we the undersigned declare and state as follows that AMAX KTV located at 9151 E. Valley Boulevard has proved themselves to be a valuable and considerate neighbor. We wish to voice our support for their application to be able to remain open for 24 hours a day. Now, I want you.to go on record as saying that everyone that signed this petition is aware of Karaoke and what it does and what their actual function is. MICELLI: That's correct. And as a matter of fact, Mr. Mayor, Mr. Feng had run into a number of circumstances where people were not aware of what a Karaoke was and people who did in fact refuse to sign the petition for that very reason and Mr. Feng made a standing offer to everyone who had that problem to come over to his Karaoke and to see and to experience it on a first-hand basis and many of the people that have signed that petition in fact did not sign the petition until such time as they had gone there and saw exactly what they were doing in terms of their business and in fact I would extend an open invitation to all the members of this Council to come to this particular Karaoke and see exactly the way that it's laid out, exactly the way that is open for complete observation from anyone standing in any location to look into each one of these rooms and to in fact experience what it's like to make yourself sound better because of a sound machine. TAYLOR: Mr. Mayor. Question. How were these petitions circulated? MICELLI: Mr. Feng went around himself, personally and he'll have to elaborate on it because there were some.other adjoining property owners that when he approached and explained what the problem was also offered to take them out. TAYLOR: Okay. Some of these are 1/2 a mile to 3/4 of a mile away. MICELLI: That one there was-just ...the white.one was just handed to me prior to coming into the Council meeting. The green ones which were given... TAYLOR: No. Excuse me. These are copies of all the green ones. MICELLI: Oh. Those are the copies of the green ones? Okay. Well, there was one white one that was given to me recently outside the door. I think.you're also going to find that were some 46 of them which are directly in and around that area. TAYLOR: How were they all circulated, though? MICELLI: Well, again I'll have to defer to Mr. Feng. I only know of his personally going out and visiting these people on an individual basis. TAYLOR: I'm curious why we got over here 1/2 mile to 3/4 of a mile away over to Loftus and Brookline down by the Temple City onramp to the freeway. MICELLI: Again, I'm going to have to defer to Mr. Feng on that point but you're focusing in on maybe one or two isolated addresses when the bulk of those addresses are on Steele and Bentel and Valley. TAYLOR: Well, there's a reason for why I'm asking that. We're going to get down to that. Were there any offers made to any of these people to come to the Karaoke for any free demonstration or use.of the facility? CC 11-26-91 Page #7 MICELLI: Are you talking about in terms of a quid pro quo if you will for their having signed? TAYLOR: Yes. Anything of that nature? MICELLI: No, that's not the case at all. It was more of a situation to where they had voiced the fact that they did not know what a Karaoke was and were not going to sign a petition to allow something to go on that they didn't have an experience of, that Mr. Feng would offer to allow them to come down to see what he was doing down there. TAYLOR: And the reason I ask that question is we have another issue coming before us and that particular applicant we understand had . offered a $10 gift certificate to anyone signing the petition. MICELLI: Well, I have been informed that that is not the case. BRUESCH: Mr. Mayor. MICELLI: But again I would urge you to inquire further from Mr. Feng because he was the one that had gone door-to-door and I do know for a fact that a number of his adjoining property owners also took up the cause on his behalf and took the petitions out for... TAYLOR: The reason those questions become pertinent in the sense that you did make the statement and we understand that not everyone would sign it 100% but we're presented the one side of it. We don't know those that rejected it whether there was five, ten, fifty or a hundred. We don't know that. IMPERIAL: That's why Mr. Taylor I would like this list surveyed by staff to be sure these people are all knowledgable of what they signed and they actually believe this by putting their signature on it and I'll direct staff to do that. MICELLI: I think that's an excellent idea, Mr. Mayor. BRUESCH: Mr. Mayor. Got a couple of questions on this. One comment and a couple of questions. On your report, giving a report of 20 different businesses or 24 different businesses which are open 24 hours, each type is a different type of business. MICELLI: That's correct. BRUESCH: It's like comparing apples to oranges. MICELLI: Well, not really. Because you might say the primary concern here is the generation of noise and if something is a gas station or something is a taco stand or if something is a motel, that the opening and closing of a car door at a Karaoke is no different than the opening and closing of a car door at a motel and I think that all of you have to specifically realize that the City of Rosemead is laid out in such a way that the vast majority of commercial space that's available in the City is adjoining residential property. And to say that a motel which is on San Gabriel and Garvey say or 'Graves and I'll just pick one here off the end is situated strategically differently than AMAX is when AMAX is sitting right on Valley Boulevard, your primary thoroughfare of the City, I think is making a slightly skewed decision. BRUESCH: Could you answer another question for me? AMAX KTV, is this is a franchise business? MICELLI: No, it's not. It's privately owned... BRUESCH: Do they buy the equipment or do they lease the equipment? MICELLI: Yes. They buy the equipment and then they buy the CD discs which contain the music. CC 11-26-91 Page #8 0 BRUESCH: Another question. on the...these are not numbered ...on this page here which says about financial listing there, number four it says customers who came in at 11:00 do not want to stay because of the closing hour and the lobby. Now, why don't they want to stay because there's a lobby there? MICELLI: That I would have to ask you to address to Mr. Feng. I'm not familiar with that. , BRUESCH: That's one of the questions I want to direct to them. TRIPEPI: For Mr. Bruesch, I can probably answer that question because I have met with the owner of the business. I believe it has to do with basically people ...the rooms have been set up now where you can see into them. I think it has to do with some people who go in there to make a recording do not want everybody in the lobby basically watching them make their recording. So, it had to do with the people in the lobby. That's what it was. MICELLI: And my last point, my unsolicited point, is I would direct your attention to the certificate of occupancy that was originally issued to AMAX back on April 22, 1991, and please note that specifically on the certificate of occupancy it states Karaoke Studio, AMAX KTV, and in fact Mr. Feng had gone through great lengths to try to explain to staff at that time what a Karaoke was and it was at that point in time after making a full disclosure of exactly everything that was to be intended on doing in this building that staff had identified them as a music store because in fact one of the sources of income for AMAX is intended to be the sale of the Karaoke devices and I might add that I've seen these Karaoke devices sold on QVC TV on numerous occasions. It was at that point in time that the certificate of occupancy was granted and there were no closing time restrictions enacted. It was not until the Sheriff's department had come to visit that there was any hint that in fact AMAX should have come forward and sought an entertainment license. So they in fact had some five or six months of operation as a music store, never having had any problems with the City of Rosemead or with the police department in any way, shape or form when suddenly their hours were reduced back until 1:00 and that's the essence of this hardship because the customers had frequented AMAX KTV and who had relied on them to be open suddenly found no place to go except maybe to some other location which is allowed to be open at a later period of time and in light of the fact that AMAX is prepared to take whatever steps are reasonably necessary to mitigate.any harmful effects to the adjoining property.owners and in light of the fact that we're dealing here with a generation of mechanical music I would just hope the Council would say to themselves that they should give an opportunity for AMAX to stumble and fall on their face before they're compelled to go out of business and that just has not happened because AMAX has always been and the owners continue to want to provide a good, clean, safe form of individual entertainment and something which any of you would be happy and proud to go to or in the afternoon hours happy or proud to have your children for a birthday party or a singalong or something.along those lines and again we would respectfully request that Council amend the original entertainment license and allow them to be open on a 24-hour basis. McDONALD: Mr. Mayor. I'm sorry, I didn't catch your name. MICELLI: Joe Micelli, M-I-C=E-L-L-I. McDONALD: Okay, Joe. As a city council sitting here we have a responsibility trying to provide for the safety and welfare of this community. We also at the same time have to provide a financial base for this City's services to be provided with. Business-wise, we encourage a lot of businesses to come into this town and we look at them very close. We scrutinize them for the point that you said in this particular case it looks as though there may be something possibly that could down the road be immoral, that goes on in that type of facility that has little sections like this. I think you did CC 11-26-91 Page #9 0 McDONALD CONTINUES: a good job to go out and get the people signed around that area. I think that's probably the thing that we look at closest because we, are kind of a grass roots council here. When. people come in here to speak we kind of listen. Okay? But I'd like at this point ask the Sheriff's representatives from Temple Station if there has been a reoccurrence over and over again of any problems there. I think they can mention a couple that they did have ...was that for noise level? The incidents that there? ...What type of problems did we have there? IMPERIAL: Let me introduce Sergeant Flower from Temple Station. He's taking the Lieutenant's place tonight. Sergeant Flower? IMPERIAL: Steve, why don't you come up to the microphone? AUDIENCE: My name is Steve Wilkomm. I'm the license investigator for the Sheriff's Department assigned to do investigation and enforcement of the regulatory licenses for the City of Rosemead. McDONALD: Did we have any particular problems that you have found since KTV has gone in? WILKOMM: Two problems. Through no fault of the applicant, apparently there was a property damage regarding a fight inside one of the rooms that resulted in some'damage to rather expensive equipment inside one of the rooms.' McDONALD: Did you determine the cause of the fight? WILKOMM: This information was relayed to me by the applicant while I was in the midst of processing of their license. McDONALD: Was there a secondary problem? You said there was another problem? WILKOMM: Most recently, today being concerned of Mr. Bruesch's concern about the closest residents I went out and measured it for you from the rear wall to the closest resident who is just directly behind them is 28 feet. IMPERIAL: Is that a wall or a chain link fence? WILKOMM: A wall. There are several multi-plex residents directly behind it that I believe is owned by the same person... IMPERIAL: With chain link fence. That's what I'm told. WILKOMM: and there is a chain link fence that separates the parking lot except for one portion which is directly next to the back of the rear of the building and I went and measured it and it.was 28 feet. But while I was there I decided to make an inspection. And the only thing that I observed to be a problem was the fact that although there were no customers there at the time the requirement for a licensed manager was not complied to in that there was a person who identified herself to myself to be the manager of entertainment that is required on the license, however, she did not get a license from the City. And in response to that I issued a warning citation to her and also spoke telephonically to one of the licensed managers who they in turn did call while I was there and I did advise them of the situation. McDONALD: Okay. Thank you very much. I appreciate your input. The comment that I would like to make or the proposal that I would like to make is we've got already a moratorium coming up for 45 days right at this point to kind of look at these places because it's something that's new to us. Okay? And noise right off the bat is a problem and as we've said I think in the report on your lobby situation there that there needs to be some sort of vestibule or some kind of problem to keep the noise from going outside, if the noise is in the lobby area. CC 11-26-91 Page #10 • 0 MICELLI: Exactly. And in fact, Councilman McDonald, what AMAX has proposed to do is to eliminate that lobby altogether by the construction of two additional rooms to eliminate completely the Karaoke if you will atmosphere because Karaoke by its very definition is a group type of a singalong and by the construction of these two additional rooms again we eliminate the problem of noise being allowed to enter into the ambient atmosphere as soon as the front door of the establishment is opened and also we thereby simultaneously eliminate that entire situation where you would have if you will one stranger singing to another stranger. McDONALD: Okay. Thank you. What I wanted to propose is we give you a 60-day trial period on that, at which time, with the understanding that you're going to have to meet all the requirements of the new ordinance that comes up on Karaoke that we're going to have in 45 days which we as you know we just voted for that but that would give us you an opportunity to prove to us.during that period of time that there is really no problem there in the.community. There may some people that are adjacent to you that have not signed that petition that will come in-during that period, 45 days, and says no we don't want that and then that's all it's going to take is one individual just about from that area there to voice a serious concern on something that's going there. I like the concept of the 24-hour because that does give security and that's adjacent to a residences and we are having an unbelievable amount of robberies throughout this City where people just go in and stiff arm the people in the homes and take what they have here and it's ...I don't know how we can solve that problem. MICELLI: I think that you would find that AMAX would be more than amiable to accepting your offer of going on a 60-day, 24-hour contingency basis. McDONALD: Realizing that we may take it back to 1:00, okay? I would propose the 24-hour operation. This is the first time this type of business is working like that. The problem that we have with bars and things like that is there an activity going on there that somebody comes out of there and they're not the same as when they went in. MICELLI: And that's not the case here because and I did not say this but alcoholic beverages are not served here. McDONALD: Right. It says that in our informational packet here. So, it would be my proposal and I move that we give them a 45-day trial period, or let's say 60-day trial period. That gives us 15 days to get this ordinance started to pass on a Karaoke with the understanding that we're going to look at the whole thing all over again to see what you have, if there's been any complaints, any problems plus you're going to have to meet what we see as the standards that we're setting for Karaoke in the community. MICELLI: Well again, I think you'll find that the owners of AMAX have always been willing to bend over backwards to comply with any requirements of the City and to their neighbors as well, even in an unenforced manner. TAYLOR: Mr. Mayor. At this time I could be in favor changing it to the 2:00 a.m. to put it on a par or treating them fairly in the sense that the majority of them, we try to close entertainment facilities or the bars and such and not comparing the two together but just saying the 2:00 a.m. closing and I think at this time we could be opening a Pandora's box in the sense that the question comes up you did it for them you should do it for me and once we start the 24-hour procedure, everyone of them and it looks to be like there's a possibility that this could become a very popular type facility where once they start staying open 24 hours a day you can possibly create a situation where if it does begin to get out of hand then we could have a potential police problem and I'm not opposed to the type of entertainment as far as the music and the equipment that they have but I think we'd better be very careful about starting 24-hour because once we do it it's like the video stores that cropped up all over the state, if these are as popular as they're implying we could have these coming out I couldn't guess the number of them. CC 11-26-91 Page ill 0 0 McDONALD: Mr. Mayor. MICELLI: May I address Mr. Taylor's concern? And that is this, Mr. Taylor. The very essence of a variance is hardship and the concern that you have I think it's a legitimate concern and one I think that all the Council should be concerned with but what you're dealing with here is someone who had come to the City in April, told them what they were going to be doing, was classified as a music store, was allowed to stay open as long as they wanted, and then were compelled to come before the City to seek an entertainment license. TAYLOR: Well, maybe there was as you said a misunderstanding of a music store and staying open, it's more it becomes an entertainment facility rather than a true music store that what we know as a music store. MICELLI: Well, except that the ordinance specifically says that the entertainment ordinance does not apply to mechanical music and I just want...I don't want to get off my point which is this and that is that what we're seeking here is a variance and when you're looking at a variance what you're supposed to do is look to the individual property. TAYLOR: Why should it be a variance? MICELLI: Because essentially what we're here is under 4041.2. TAYLOR: But why should it be a variance? MICELLI: Because the way that I understand the scenario they had been in operation on an elongated hourly basis. That was brought back to the 1:00. That 1:00 is what created the hardship. TAYLOR: Elongated to what, 2:00? MICELLI: They were open ...they accepted their last customer at 3:00 and then the customer that had been accepted would be allowed to stay and to sing until he left. They didn't allow any new customers to come in after 3:00. ROBERT L. KRESS, CITY ATTORNEY: Is that your representation that from April through October 22nd those were the hours? MICELLI: Yes. They accepted their last customer at 3:00, anybody that was in the building after 3:00 was allowed to stay but no new customers were allowed to enter and again looking at your concern, what we're dealing with here is someone who has been suffering severe financial difficulty whereas someone who's coming into the City to establish a Karaoke who knows what the game rules are going to be before they step up to the plate is not going to have that now that you're going to undertake... TAYLOR: Well, this is why this was enacted at this... for this ...when it came before us. It was the current one. And that was the intent to try to start to put some regulations on them. MICELLI: But I would submit to you that when you go into establishing a regulation on someone that it's necessary to look at the entire picture and in this particular picture it was someone who had already been doing exactly what they were continuing to do at the time that it was determined that they should be an entertainment facility and for that reason I think it's necessary to look at this as a variance issue and to identify this particular piece of property, identify these particular businessmen, and say what can we do in light of their willingness to work with us and their willingness to work with their adjoining property owners to allow them an opportunity to be successful and stand or fall on their own merit. TAYLOR: Well, part of my reasoning was that to make it 2:00 a.m. to. what most of the other entertainment facilities are. That creates a parity in the sense that we're not leaning in favor of any particular business having the option you might say of monopolizing the market. CC 11-26-91 Page #12 • MICELLI: Okay. But then it comes back to what is your definition of entertainment? Is going to the lounge at a hotel, entertainment? If that's the case then you're not going to be able to allow hotels to have lounges. TAYLOR: No. This is still a different... we're mixing motels or hotels... MICELLI: Is having a jukebox at a donut shop, entertainment? If that's the case then you're going to have to regulate donut shops. TAYLOR: No. We get down to semantics of it and such. That's not the issue. As far as if it's an eating establishment, you put in the restaurants, as far as being open 24 hours, there's not the tendency of the donut shop or the restaurants to have the potential of the hanky panky where the client doesn't like the window where people can look in whereas in a restaurant or a donut shop they could care less who looks at them. MICELLI: But in this particular instance, the windows are there. And if the person doesn't like the fact that the windows are there they only have one alternative and that is to leave. And one of the things that makes this particular location so unique is that valet parking is provided and in fact AMAX is willing to alter their procedures in any way necessary to insure that as their clientele exit the facility that their car is waiting for them and what we have specifically have in mind is when the waitress comes with their bill, at that particular point in time they will request the valet parking ticket from the customer. TAYLOR: Again, I'm not that familiar with it but you're mentioning where people go in and sing and there's waitresses there and there's valet parking and such, I guess I'm going to have to get educated on the cost of this operation. I mean it's the cost of the operation when you're providing these services I could see where you couldn't make it on a $170 a day., MICELLI: It is by all means a first class operation. BRUESCH: Mr. Mayor. We need time to study these type of operations because you've got to understand that we're in a position of looking at the greater picture and the greater picture is is the more businesses that are open at 2, 3, 4 o'clock in the morning, the more traffic generated, the more police surveillance we need and if we allow one to do something like that then we have to allow all of them and if we have a great increase in the number of these type of establishments that are open,up at 2, 3, 4 o'clock in the morning perhaps there'll be a necessity to have another Sheriff's patrol on. Well, a Sheriff's patrol costs the City $250,000 to $300,000 a year. We're not just looking at one particular business, we're looking at a policy of establishing a policy when these places are going to close. We've got to know the information. We have got to know what the other cities are doing. What they're experiencing. Okay? Perhaps nine other cities in this area are saying well gee we don't have any problem, there's no increased police patrols that we see a need for but we don't know this yet and this is why we have this moratorium. MICELLI: And Councilman, I agree with you a hundred percent. And I think it's necessary for the City Council to address those issues in a very thorough manner and I applaud you for undertaking the opportunity to do that but I...and that's the reason why I think that Councilman McDonald's suggestion is really the reasonable way to go and that is let's let out all the rope we need to let out for 60 days and let these guys hang themselves or let them survive on their own merits with the understanding that when the new ordinance is implemented they're going to have to come into compliance with that. BRUESCH: But is it,not true that there are Karaoke establishments in Alhambra and Monterey Park that are operating just like that, a 24-hour type period. CC 11-26-91 Page #13 0 0 MICELLI: Yes, there are. BRUESCH: Okay. See, we have that information out there. We have to gather it in. MICELLI: Okay. And again I think that going outside of the City of Rosemead is going to be valuable information for you but I think that you have a very unique opportunity here within your City with an establishment which has demonstrated that it's not approaching it in a shabby way, that it is providing full-time hostesses, that it does have windows in each one of its Karaoke rooms, that it does have valet parking on site and if you look to what can only be considered the Rolls Royce of Karaokes and from the standpoint of service and they can't succeed on their merit and they're given an opportunity on a 24-hour basis and they just can't carry the ball then I think your antenna really has to go up but if you're looking into the City of Alhambra at maybe many established Karaokes in that area that are shabbily put together, that do not conform to what ultimately are going to be the guidelines that are implemented by this body, then you're not really getting a true test of this particular establishment and all of the attenuate circumstances that surrounded their being brought from essentially being open until 3:00 and allowing the last customer to stay on board to coming back and kicking everyone out at 1:00 and that's what I'm hoping that you'll do. Not only from the standpoint of the hardship.that was created on my clients but also from an educational standpoint for yourselves so that you can test the waters and see if this is something that the City of Rosemead can live with. BRUESCH: I just wanted to end my comments with the fact that I have seen the expansion of this type of entertainment facility into many different what we would consider mainstream type of establishments. Shakey's. is doing it now. Mr. Entertainment up at the mall.is selling these things and it's becoming quite popular with everybody and if that is the case we again I'll go back to my original statement we need the information to allow us to come to a decision on what type of hours, what type of clientele, how do we police the situation and so forth and so on. MICELLI: And again I would submit to you that you have a prime opportunity here on Valley Boulevard to do that pursuant to Councilman McDonald's suggestion. TAYLOR: Mr. Mayor. Do we have a second to Mr. McDonald? IMPERIAL: No we don't. Mr. McDonald. McDONALD: I'd just like to say gentlemen that we say we're setting precedent here, we're setting precedent there. This community changes dramatically every six months and we are no longer a white middle class community. We've got things are changing here fast. This gives us an opportunity for a trial period for a new type of thing that is really Asian oriented type of clientele for these things. MICELLI: Except I would have to take exception to that statement only from the standpoint as I pointed out they have over 898 if you will, Anglo titles, ranging from... McDONALD: We're not talking about the songs. We're talking about the clientele and it's something new... IMPERIAL: It originated in Japan. McDONALD: I would make the motion that we give him his 60-day trial period with the understanding that it gives him no assurance that it's going to go on after we talk about the ordinance and look at your establishment just individually beyond this point but it does you give us an opportunity here to exclusively look at a specific thing going on here in Rosemead. It going on in Alhambra or it going on in Monterey Park is completely different than it going on in Rosemead so CC 11-26-91 Page #14 McDONALD CONTINUES: I think like you do you offer us a unique opportunity to do that and I don't think we're setting any precedent. So, I would make the motion that we authorize a 60-day trial period with the understanding that KTV is going to have meet all the. requirements of the up and coming ordinances and also that you may be back to 10:00 or 9:00 depending on what we decide. TAYLOR: Is there a second to that motion? BRUESCH: Mr. Mayor. I would second that motion due to the fact that they have been operating in the City with that time frame and there hasn't been major problems. TAYLOR: Call for the question. IMPERIAL: There is a motion and a second. Before we call for the question I would like to give these people an opportunity that have something to say to say. They've sat here, they requested it, I think they have a right to do that and then we can take our vote. At this time I would call Mr. George Treantafelles. AUDIENCE: My name George Treantafelles. My address is 9142 Bentel. It used to be a bar before and it used to be up to 3, 4 o'clock in the morning and it was worse. It was problems and now I'm pretty happy. These people got it and try their best. About late hours, I don't even know it myself that they were going to ask for 24 hours. I was going to develop that piece of property but-it's too much money. So I gave them a short lease. IMPERIAL: Dolly Leong. AUDIENCE: My name is Dolly Leong. I reside at 9554 Ralph Street for the past 20 years and we all noticed that this property after AMAX KTV took over there was a vast improvement including the exterior, it was clean at all times. In the recent Planning Commission hearing we were really impressed with Commissioner Young's concerns regarding when the owner of the Hart Plaza, 9200 Valley Boulevard, requested a restaurant. Commissioner Young indicated concerns about the vacancy factors of all commercial property within one block east and west and south of this subject property. Like the Rosemead Plaza, all the upper levels like six units were vacant and also one level on the ground floor. I believe it was almost like 60% vacancy factors on that Rosemead Plaza and on the south of this subject property, the Hart Plaza, four unit out of ten was vacant. Also, on 9238-40 Valley Boulevard was also vacant, 9143 was vacant for almost two years and 9308 I believe is also vacant. So, we believe that these commercial properties are in prime locations and these according to the occupants there they are vacant between one to three years. IMPERIAL: Dolly, you've already told us about the vacancies. How far are you from this property? LEONG: Okay. The businesses in our neighboring cities are booming, like in... IMPERIAL: No. How far are you from KMAX? Where do you live in reference to KMAX? LEONG: I'm just two blocks away. IMPERIAL: Two blocks away? Okay. So, if there was noise you couldn't hear it, am I correct? LEONG: No, I don't. I'd also like to input to the Council the business in the neighboring cities are booming like San Gabriel Square, the five acres new commercial development on Valley and Del Mar and also another 44 commercial condo was already under construction on Valley west of Walnut Grove. We'd like to request the City Council to render a favorable decision to these property owners. CC 11-26-91 Page #15 0 IMPERIAL: Delia Maravilla. Did I pronounce your name right? AUDIENCE: My name is Delia Maravilla and I'm here to tell you I live in the back of KTV. I live at 9155 and I never have any problems with them or customers or anything. So, I don't have no problems. IMPERIAL: I have one here, I've got one for Mr. Angles and I've got one with no name on it. Is there somebody that requested to speak and didn't put their name on it? AUDIENCE: Name is Maria Perez, 9153 E. Valley Boulevard. Everything is okay. IMPERIAL: Robert Angles. AUDIENCE: My name is Robert Angles. I live at 9147 Valley Boulevard in Rosemead. There's been a great deal of discussion about the KTV building. First of all, I'd like to clarify something and that is that there has been no complaint about noise from the interior of the building. However., we do have a complaint from me and a problem with the Karaoke next door in the amount of noise that is generated outside it in the parking lot, on the sidewalk, from.people from customers that are awfully happy at 2, 3, 4, 4:30 in the morning. I understand that the KTV, the Karaoke, place does not have a permit to serve liquor. I am not saying that do serve liquor. I am saying by the very nature of their business in the later hours they want to be open be available to customers who in my opinion come from bars. If a bar closes at 2:00 and got a few bucks and feel pretty good, where you going to go? You're going to go someplace where you can have fun. This is where a great amount of the problem develops. I'm not going to give you I wrote a few notes but I'm not going to go into the history of the bar. Suffice it to say that I have lived where I do for 35 years. I am well aware of McHenry's bar which was a fine bar that was sold and then eventually the latest owners closed up that business as a bar. I have had nothing but problems from the bar that was there before. I do not want more of the same problems. I can give you chapter and verse about the drunks, the people, there are police reports. I've had to chase people off the property at the point of 'a gun. There is a man arrested for rape. This is all in the past now. I do not mean nor do I imply that it is happening now. I am saying to you the history that I have had before and that I do not want to allow to happen again. I have observed that means I have seen and heard threats made from cars and pickups, now I'm going to be a racist, made by Latinos. These were answered now I don't understand Spanish but I know the cuss words. I do not understand Chinese. I've heard a few of the cuss words. There have been people driving by when there was quite a bit of business and insults were hurled at the customers and or the parking lot attendants at the Karaoke bar. In turn, the patrons, the customers, or the employees outside, that is in the parking lot, answered with appropriate answers, raised fingers, fists, this type of thing. I am very much afraid of a gang-related problem. I am talking primarily Latin gangs. I am also talking about Chinese gangs. We have heard of arrest, excuse me, of holdups and so on. Late hours can lead to problems. I live next door. I do not want to be subjected nor do I think that any other resident in the area or the neighborhood should put in a position where they may have to duck for cover because of the potential of the AMAX KTV. I think that it's a now listen to what I say a good business but it does it not belong on Valley Boulevard where it is now. I understand a man going into business but sometimes he can't go into business where he wants. Originally, when this started out where the KMAX started out it started out as a car alarm repair business. I understand that after he moved from across the street that the owner had to go into bankruptcy. I do not know this firsthand. This is what I was told. When he rented the building there he remodeled and he put in what is called Karaoke equipment and to quote him I quote Mr. Feng and an employee that he had that I only know as Bing, I'm not familiar with his last name. I don't know if he's a partner or merely an employee but they were going to sell the Karaoke equipment. I was given prices. It would run anywhere from $8,000 to $12,000 and some would CC 11-26-91 Page #16 ANGLES CONTINUES: cost more money. This was going to be a store where people would come in, listen to the Karaoke music, drink some tea, I am quoting the owner and he would attempt to sell his equipment. Now, this evolved since you Iwant to use the figure of April, I'll go along with that but then it evolved into where he's not selling equipment he's going to strictly into entertainment. There would have been a complaint from me before this time if Mr. Feng and I hope I pronounce his name correctly had if he had told me what he was going to have I would have registered a complaint or I would have disputed it before now. Mr. Feng has through the I'll say approximately year that I have known him has told me what he has wanted me to hear. I believe Mr. Feng in the time has grossly distorted to me or could not convey to me what he wanted to do. I have never tried to fight the man. McDONALD: Mr. Angles, why don't you get down to the point and tell us what you really want to do. ANGLES: Okay. Fine. I think it's going to cost to get that's about it. is no pleasing Mr. Feng could... . IMPERIAL: Mr. Angles. ANGLES: Yes, sir. don't want to see an extension in time. I us more police problems. Since you want me I am upset about this and it seems that there and I am against any extension of time that IMPERIAL: I believe that the people that are pro had enough to explain their side, if you have some more to say, go ahead and say it. ANGLES: Well, thank you but that's it basically. I'm not familiar with your legal ramifications and I wish Mr. Feng nothing but good luck. I feel he is in the wrong building, in the wrong area. If Mr. Feng is successful I want or I would like to know what kind of pd and pl insurance the man has or will carry for the protection of people. McDONALD: Mr. Angles, how long did you live next to McHenry's bar? ANGLES: I bought the property I think it was in 153. McDONALD: How long was McHenry's bar next to you? ANGLES: He was there before I bought and he closed at 2:00. McDONALD: Was it about three or four years that he closed? ANGLES: No. Mr. McHenry died ...the bar was owned by somebody else. I would say it closed I'll say the best of my recollection I would say about three years,.about three years it's been not a bar. McDONALD: I was just saying that the connotation of having a living next to a bar for that long in comparison to what type of business this is that doesn't sell alcoholic beverages and is going to have to meet the decibel sounds and is going to be valet parking where you don't have things I would think it would be more disrupting to live next to a bar for that long than to have these people at least have the opportunity to have a business there. ANGLES: I don't dispute his decibel sound. I have said before I don't once in a while I hear things when the door opens. I'm not trying to be picky about that. But he does have a problem with the parking. Automobile the alarms go off and it seems.that when one goes off, other go off, 2:00, 3:00 in the morning I don't like that. I can't sleep. I have heard arguments. I have to jump out of bed and there's somebody has a bad argument with a female friend or some other person. There is just all types of noise that I don't need. That is he's going if that is part of the business I say he should be in some area such as Flair Park, such away from an occupied area. CC 11-26-91 Page #17 • • McDONALD: Is your property zoned C, commercial property? ANGLES: Yes, it is. McDONALD: So, that's what are supposed to be in there, that type of property, is businesses and you have a resident unfortunately it happens to be in a place where businesses are going in. I think if we give them a trial period and we can document problems after 2:00, we'll put it back down to 2:00 but I think we ought Mr. Angles, don't you agree that we ought to give them an opportunity to give this Council some information over a period of time because this is really something new, business-wise. I think any type of business that's next to you open 24 hours may cause problems because you have a residence that is right next to it but we've also had two residents that said they've had no problem at all. So, what we're trying to do we're not saying that one is saying something wrong or you're saying something what we want to do is have a situation here where they actually are in operation, they are working this period of time, that'll give us some input to tighten up the ordinance that we're going to come up with. ANGLES: Mr. McDonald, may I point out that two of the people that have testified here for it are tenants. McDONALD: I don't think you need to talk down any witnesses. ANGLES: Thank you. I'm not trying to talk to anybody down. McDONALD: I meant put them down at all because everybody comes out here of their own volition, we understand. ANGLES: I see. Well, thank you very much, Mr. McDonald. IMPERIAL: Bob, Mr'. Taylor wanted to ask you some... TAYLOR: No, Mr. Mayor, I think Mr. Angles' points are well taken and we've had a good discussion on it and I would like to call for the question on this item as to 24-hours or some alternative. McDONALD: Mr. Mayor. I'd like to amend that motion with some information that the attorney has given me and Mr. Feng and his attorney can listen to this. What we want is a documentation of all those people that attend between that period of time on an hourly basis so we know you've come in and asked us that you're having a financial hardship and that opening this period of time is going to bring you back onto a financial stability and you can do that without causing problems in the community so what we need to do if we're going to allow this to happen, research-wise, we'll say for this 60 days we need documentation on an hourly basis of how many people come in and use that and you can show us the financial books that it's a...Joe, would you agree to that? MICELLI: Yes. We are currently doing that. McDONALD: Okay. That's all I needed. IMPERIAL: Counselor, may I ask a question? Is it a fact that this is not the only installation your clients have but they own two more Karaokes and one warehouse in Covina or something like that? MICELLI: No, that's not true. This is the only Karaoke they own. Mr. Feng is also in the equipment repair business in the City of Commerce but this is the only Karaoke that they own. IMPERIAL: So, they only own this one business. They don't have two more? MICELLI: No, they don't. IMPERIAL: Well, that's not what I'm hearing. That's the reason I wanted to clarify this. CC 11-26-91 Page #18 0 0 MICELLI: Yes. There's no question about that. IMPERIAL: Okay. Thank you. BRUESCH: I call for the question. CLARK: Mr. Mayor. I wanted to ask Mr. Angles one question. When you were talking about the drive-by threats and you said the Karaoke bar now were you talking about the bar that was there or are you talking about AMAX? ANGLES: No. I'm talking about the building where the Karaoke is there. If I said bar it was a slip. I don't mean a bar that is where you drink. It is the Karaoke building there where the... CLARK: So, during the period since April you have heard cars driving by threatening and.....? ANGLES: Yes. I have heard it on two occasions. Now, I didn't write it down or I'm saying on two separate occasions when their parking lot was full I would say around 11:00 in the evening, around that time, I'd be standing outside and I observed I saw and I heard and I both parties and this is two different times. The one time it happened and maybe three weeks later. Now, I didn't count the days and I'm guessing when I say three weeks but I would say a few weeks later I saw the same thing. Not from the same people or not anyone I could identify but I heard the hollering go back and forth. Now, this is outside the building, not inside. I have no complaint about inside the building, the noise level. CLARK: What about the valet parking? Since they've had valet parking have you had the same problems? ANGLES: Yes. IMPERIAL: How long have they had valet parking? ANGLES: They started after they opened probably the owner could tell you better than I could but just off of my head I would say if they started their Karaoke in April I would say probably a couple of weeks after they opened. Of course, Mr. Feng would have his bills or know when he started the... IMPERIAL: Because that night I was there I seen no valet. TAYLOR: Well, let's try again, Mr. Mayor. I'd like to call for the question and vote on it. IMPERIAL: Thank you. The question's been called for. State your pleasure. Vote taken from voting slip: Yes: Bruesch, McDonald No: Taylor, Imperial, Clark TAYLOR: Mr. Mayor. I'd like to make the motion that we amend the hour to 2:00 a.m. to keep the business on a par with the existing businesses rather than single him out for a 1:00 a.m. closing and we'll keep the moratorium to review all the businesses. BRUESCH: I'll second that. CLARK: Mr. Mayor. I had intended to make a counter motion that since the City allowed him to have a 3:00 a.m....isn't that what you said, Don?...I thought originally you said that they were closing at 3 or at least their customer was coming in. If we made it so that everyone had to be out of there by 3 I don't see how the financial hardship argument could stand if the City in fact did allow certain things. CC 11-26-91 Page #19 • • IMPERIAL: I think we're dealing with the point they might be in there by 3 but do they have to be out by 3? Do they close their doors? That's the question. CLARK: Well, if we made them close their doors at 3 IMPERIAL: If they get the after bar trade in there then they're not going to leave there by 3:00 because you have to take into consideration... CLARK: Yeah but if we stipulated that they had to then we would get input from Mr. Angles as the next door neighbor. It would give him the opportunity to write down and document every adverse thing that happens. There's two sides to this thing. BRUESCH: In other words, no new customers after 2:00 a.m. TAYLOR: Mr. Mayor. My motion was that it close at 2:00 a.m. because you could tell 50 of your best customers to be in the door by 2:00 a.m. and stay until 7:00 a.m. My motion is simply that it close at 2:00 a.m. IMPERIAL: Is there a second? I'll second it. TAYLOR: And I'd call for the question. IMPERIAL: The question's been called for. Please vote. Vote taken from voting slip: Yes: Taylor, Imperial No: Bruesch, Clark, McDonald TAYLOR: Then it appears that he simply closes at 1:00 a.m. at this time and it stays that way. McDONALD: Unless there's another motion. TAYLOR: 'All right. Let's go ahead. CLARK: I'll move that we make a 3:00 a.m. closing with not just not last customer but doors everyone out at 3:00 a.m. BRUESCH: I'll second that motion. IMPERIAL: It's been readily moved and seconded. Would you vote please? Vote taken from voting slip: Yes: Bruesch, Clark, McDonald No: Taylor, Imperial McDONALD: Mr. Mayor. Joe and Mr. Feng this also requires the documentation of those hours because we'll be looking again at that after the moratorium. END VERBATIM DIALOGUE VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. COUNCILMAN BRUESCH 1. Requested a report showing the procedures used to insure that all Dance and Entertainment permits are issued with minimum impact to the surrounding residential areas. CC 11-26-91 Page #20 6 Mayor Imperial asked that a list of all Dance and Entertainment permits, both existing and applied for during the last six months but not yet granted, by included in that report. There being no further action to be taken at this time, the meeting was adjourned at 10:05 p.m. The next regular meeting is scheduled for December 10, 1991, at 8:00 p.m. Respectfully submitted: C' Clerk CC 11-26-91 Page #21