Speaker 1: This item requires an oath. Item one report from Financial Management. Recommendation to receive supporting documentation into the record. Conclude the hearing and grant an entertainment permit with conditions on the application of Naples Restaurant located at 190 North Marina Drive for entertainment with dancing by patrons.
Speaker 0: District three can return this over to Mr. Modica.
Speaker 5: Thank you. And, Madam Clerk, if you would administer the oath.
Speaker 1: Please hold up your right hand. You and each of you do solemnly state that the testimony you may give on the cause now and pending before this body shall be the truth, the whole truth, and nothing but the truth, so help you God.
Speaker 4: Thank you, Mr. Mayor, members of the City Council.
Speaker 5: The staff presentation will be handled by Jason.
Speaker 4: MacDonald, our purchasing and business services manager. Mr. Mayor, Council Members.
Speaker 2: Jason McDonald Purchasing Business Services Bureau Manager for the Financial Management Department. Tonight you have in front of you the application for Entertainment with Dancing for Naples Restaurant Group, LLC, DBA, The Boathouse on the Bay 190 Marina Drive in District three. All of the necessary departments have reviewed the application. The application and proposed conditions are contained in the packet that was provided. We are prepared to address any questions or concerns along with the police department regarding the application or those conditions. Our office was made aware of at least one complaint regarding this application. That concludes my presentation where available for questions. Thank you.
Speaker 0: Thank you. And now, as part of the hearing, we open it up for public comment before we take it behind to the council. See? No public comment. Councilwoman Price. Sorry, sir. I didn't see you back there. Please come forward.
Speaker 5: Good evening. My name is Mike Leshner. My address is 203 North Marina Drive, Long Beach. I am a yacht owner in the row of boats that are directly opposite the open patio for the Boathouse restaurant. Dating back to the middle of 2014. We've had some serious noise issues. We addressed those through the proper channels, through noise. The noise department. Noise department sent a letter to the restaurant asking them to perhaps make some revisions to their noise policies and nothing happened. So then we received another letter from the noise department saying, Well, you have to send a petition with six names. So we did. And I can tell you that it's not easy gathering names from six millionaire boat owners on the same petition. But we sent it in and of course, we heard nothing else again. We started to try to figure out why it was happening, that the city was not clamping down and what we thought was an egregious noise problem. And I began to investigate that the ownership of the restaurant and I won't make any broad based conclusions, but certainly one of the owners of the restaurant is the son of a. Congressman, one of the owners of the restaurant is the son of a county supervisor. I grew up in the south side of Chicago. I'm not an idiot. I will say this. You are my landlord. I live there because I have a limited work permit. The gentleman who's going to speak after me. Paul is another major yacht owner in the marina. Between the two of us, in the years we have been there, we have spent $1 million. We tallied it. We have spent $1 million to have this space. All we ask is the peaceful enjoyment of our area. We are directly across from an open patio with no walls, no roof until 10 p.m. every night. We hear some of the worst music we've ever heard. It is an opportunity for anybody with a saxophone, a Coca-Cola band or everything else to make a racket. And we expect more from the city. We expect more from the marina. And I have given you each a packet which shows the the sign petition, the correspondence with the city. We've made every attempt to deal through all of the channels. And it's just been the strangest, strangest process we've ever seen trying to figure out how to get some peace and quiet, what we ask for. And I'll I'll make this sweet. We're not expecting to see anybody tonight in the entertainment license, and we'd like to see the boathouse do well. I'm a past board member at Pepperdine. I called one of our alums, Matt Carnaby, who's one of the owners, and we had a very nice chat and have tried to amicably make some suggestions of how we can get serve.
Speaker 0: Time is up. Thank you very much, sir. Next speaker.
Speaker 4: Hello. My name is Paul Franks and I also reside at 203 Marina Drive. We have a liveaboard permit. That is our home. We are less than a thousand feet from this particular patio that they're playing the music on. I don't again, I don't have an issue with them having a permit for entertainment, but I do have an issue with is the amplification this patio. I'm not even sure you could park five cars on it. It's very tiny. There's no reason to have amplification. And from inside my boat most nights. This stuff you can hear, it's booming through. Whether it's good or bad music, I don't really care. It's the volume of it. There's no need for amplification. You can't be more than 30 feet from the person playing the music on that patio and it's really annoying. I can't do. It's the equivalent of you having a rock band on your front lawn. And before you decide on this, I want you to decide. Would you have a rock band on your front lawn every night? You are my landlords. I pay a very large sum of money every year to house my boat there. And I live aboard that boat along with my wife. And it is an amazing volume. So what I'm asking for is just no amplification. I like the restaurant ether all the time. I think it's a great restaurant, but they don't need to be making that kind of volume. You cannot sleep with it. And many times I go to bed at eight or 9:00 at night. And you can't it's that it's that loud. So, you know, I think you need to ask yourself, would you have a rock band on your front lawn? And if not, you know, you need to think about it. Well, they can play it without amplification. And everybody on that patio can hear every note played. There's absolutely no reason. So what I'm asking for is just a restriction to basically say no amplification of the music. Anyway. That's about all I have to say. Again, you are my landlord and you are responsible for this. And like I said, we pay for that peace and quiet. We live there for a reason because we like living there. And that marina, it's been very quiet and we've lived there for years. And now suddenly every night until 10:00, we have an amazing amount of racket. Anyway, thank you for your attention.
Speaker 0: Thank you, sir. Mr. Good here.
Speaker 2: Do I need to be sworn in? This? I do. Larry. Good clerk has the address. I support the concept of having the music, but without the amplification. No good musician needs amplification. Particularly in an area that is essentially almost the same, identical to what is between this podium and you. And I'm going to suggest if there's if there's any. Single and musician or group. They cannot make pleasing music without that amplification. The club should not hire them, period. Thank you.
Speaker 0: Okay. Thank you. Any other public comment on this hearing? Yes, sir.
Speaker 5: Good evening. My name is Eric Johnson. I lived for for for for all of Avenue in Long Beach. I'm one of the partners at the Boathouse. And I just like to say, I appreciate everyone's comments over the last several months. We've tried to work with some of the locals on some of their concerns. I appreciate Councilman Price's recommendations and suggestions on ways that we can work with some of the local residents. We want to be responsible business owners. We think we are. We're certainly open to suggestions and ways to make it better. The entertainment is important to our business. Al Ms.. Bay Landing is a dining and entertainment destination, so we want to work within that, but also be good neighbors. So I appreciate everyone's time and I do appreciate their comments. The entertainment license is important to us. I just want to say that. Thank you.
Speaker 0: Thank you very much, Casey. No other speakers for the hearing. I will now be closing the hearing and taking this back for council deliberation, starting with Councilwoman Pryce.
Speaker 6: Thank you, Mr. Mayor. I'm going to be recommending recommending that we approve this item. I have a few conditions that I've modified that I'd like to address right now and request that staff prepare a modified copy that has the following changes. In terms of the indoor music, I'd like to change the proposed condition that we have currently listed and allow. The actual clause will read entertainment activities indicated on page nine of your entertainment application shall be restricted through to Sunday through Wednesday until 9 p.m. and Thursday through Saturday until 1 a.m. and Sundays preceding a holiday Monday till 1 a.m.. So, Mr. MacDonald, is that a change that you can make?
Speaker 2: Yes, Councilmember, we can make those changes.
Speaker 6: And the second change and and I'm making a motion that we approve this item as I'm modifying it right now.
Speaker 0: There's a second bike comes from Boston.
Speaker 6: Thank you. The second modification that I'd like to make is directly in response to the residents who spoke tonight. You know, I do want to just. Say at the outset that I believe that this is a a business that benefits the city and the third district in great ways, that this particular business has been a good partner to the residents and to the community, and I believe they're going to continue to be. And I think that they are going to be very responsive to the concerns that that are raised. But in regards to outdoor entertainment, I want them to have the options that they need in terms of musical entertainment. But I do believe it's reasonable to limit the hours of operation. So I modified the outdoor entertainment clause to read. Outdoor entertainment shall be restricted to no more than three live performing performers and must cease by 9 p.m. Sunday through Thursday and will be allowed until 10 p.m. on Fridays and Saturdays. This actually limits the time that they'll be allowed to have outdoor entertainment by requiring them to attend the outdoor entertainment by 9 p.m. Sunday through Thursday. There are going to be some exceptions to that and the exceptions will be on the following holidays. We'll have an exception. Music Outdoor Can can continue until 10 p.m. and that'll be on the following holidays. New Year's Eve. New Year's Day. St Patrick's Day. Cinco de Mayo. Memorial Day. 4th of July. Labor Day and Halloween or the Associated Sunday night when the holiday falls on a monday. So on those exceptions, Music Outdoor will be permitted until 10 p.m.. Otherwise, from Sunday through Thursday, music will have to end at 9 p.m.. Mr. McDonald Do you think those are modifications that can be made to the proposed up?
Speaker 2: Yes. Council member that we would be making modifications to the entertainment permit as applied for.
Speaker 6: Oh, I apologize for the entertainment permit. And those are modifications that can be made in some sense as they restrict the operating hours I'm sorry, the entertainment hours for outdoor music. Is that.
Speaker 2: Correct? Yes, that's that's acceptable for the original conditions.
Speaker 6: Okay. I want to encourage the business owners to continue to be good partners to the Liveaboard residents and to the members of the community and to continue to work with them. This entertainment permit is premised upon the expectation and the understanding that we're not going to have any major problems associated with these conditions. And should the conditions create a problem in any way, we're obviously going to revisit the conditions and take another look at further restrictions if necessary. So with that, I thank you, Mr. Mayor, of nothing further.
Speaker 0: Thank you. See no other council comment. There is a motion on the floor. Members, please go out and cast your votes on the motion as submitted by Councilwoman Price.
Speaker 1: Motion carries seven zero.
Speaker 0: Thank you. Hearing number two.
Recommendation to receive supporting documentation into the record, conclude the hearing and grant an Entertainment Permit with conditions on the application of Naples Restaurant Group, LLC, dba The Boathouse on the Bay, 190 North Marina Drive, for Entertainment With Dancing by Patrons.  (District 3)