Extended hours approved for Mozambique

Outnumbered opponents of a proposal to extend food and beverage service at Mozambique Steakhouse by one hour failed to sway the City Council on Tuesday night to their cause.

The council overturned the unanimous Planning Commission recommendation to deny the proposal, based on neighbors’ complaints of noisy disturbing behavior by restaurant patrons, off-site drinking and parking, alleged violations of the conditional use permit and the failure to resolve neighborhood concerns at a series of meeting.

The commission recommendation also included a six-month probation period, after which the application to extend the hours were to be reviewed and changes to the original conditional use permit, both of which were modified by the council.

“I did some checking in the area,” said Councilman Kelly Boyd, asked by Mayor Elizabeth Pearson to speak first due to his experience as a tavern owner. “Rumari has no hourly restrictions on food and alcohol service. French 75 has no restrictions on the bar or the restaurant [except for state law mandating a 2 a.m. closure of bar service]. Sapphire is open outside until midnight.

“With the economy the way it has been this past year — restaurant business is down anywhere from 12% to 20%, I think we need to look at helping people stay open.”

Eight spoke against the extension, some of whom had a signed a petition with 50 signatures opposing the application. The petition was included in documents submitted to the council.

“I live three houses up on Agate Street, and in the last two years on an average of two or three times a week there has been some disruptive occurrence,” Ed Todeschini said. “Don’t think this is about [extended] dining, please.”

Todeschini was among the residents of Woods Cove who attended three meetings held by Mozambique representatives to try to resolve concerns of neighbors, to no avail.

“Self interest, mistrust and history have conspired to keep us short of reaching an agreement with all the neighbors,” said former Design Review Board member and businessman Steve Kawaratani, whose signature was on the Mozambique invitations to neighborhood meetings.

However, Mozambique attorney Marc Hines said many of the neighbors’ suggestions have been instituted and other steps have been taken to mend fences.

Patrons are stamped to verify they have parked in the restaurant’s 151-space lot and another 20 spaces have been added, recently made free of charge. Employees have been assigned stickers for their vehicles that are parked in neighborhood streets — as suggested by neighbors.

Hines also offered to hold monthly progress meetings with city staff and neighbors.

As for neighborhood disruption, Hines said police received 17 disturbance calls in a one-year period, 15 of which came from two neighbors.

He added that the restaurant was never cited for noise.

The appeal filed by Hines also contested two of the several changes made by the commission at the Oct. 14 meeting to the conditional use permit.

Boyd supported Mozambique’s request to reverse the prohibition on cover charges the commission had added to the original conditional use permit.

“Most bars have music,” Boyd said. “The Sandpiper and the Ocean Avenue Brewery all have cover charges. It is not inexpensive to bring in a band.”

Cover charges also tend to keep undesirable patrons away, Boyd said, to allay Councilwoman Jane Egly’s concern that ticked events would draw larger, less controllable crowds.

Boyd also said the commission’s addition of a prohibition on restricting anyone younger than 21 from the establishment flies in the face of state law, which precludes anyone younger than 21 to be allowed in a bar.

Support for the extended hours was voiced at the meeting by 25 speakers who included business people, neighbors, beneficiaries of Mozambique-hosted fundraisers and restaurant representatives.

“I live near Mozambique, and I am here to rebut some of my neighbors,” said Woods Cove resident Patrick Sandys. “People are not parking in my carport. They are not screaming on my street.

“As a dog walker between 10 and 11 p.m., I have yet to experience incidents of rowdy, drunken patrons from Mozambique.”

Sandys also mentioned that Mozambique had hosted a fundraiser to help his family’s efforts to free his cousin, who has been detained in Iran on charges of spying.

In contrast, Bill Parks said he has videos of socially unacceptable behavior and property damage at his former home in Woods Cove.

“Mozambique does what they want to do. Hold them to the commitment that it is a fine restaurant, not a nightclub,” Parks said.

Kawaratani said the appeal for an extra hour of food service was an economic necessity for the restaurant to survive.

“We don’t want to put anyone out of business; we just want to live in a quiet, relaxing environment,” said Aline Blumette. “I have a 14-month-old baby, who is up at 11 p.m., startled by a concert.

“We are not talking about dining. Our problem is people drinking in front of our house before and after concerts.”

The hours permitted by the former conditional use permit for musical entertainment were not challenged by Mozambique and were not altered by the commission.

Downtown business owner Mark Christie told the council he had had a really rough day, but came to the meeting to support Mozambique’s appeal because of the restaurant’s importance to Laguna.

“Ivan [owner Spiers] is an integral part of town,” Christie said. “You never have to ask him to participate in community events — he’s the one who makes the phone call to offer to help.”

Arts Commissioner and Pacific Marine Mammal Center board member Mary Ferguson said fundraisers for the center have been at Mozambique.

Chamber of Commerce President Chris Keller said local hotels have benefited by the shuttle bus provided to customers.

“I appreciate what Mozambique has to offer the community,” said Councilwoman Verna Rollinger, the lone vote against the extended hours for bar and food service. “I have been to fundraising events there, but you have a real problem with neighbors. It is important to take care of that.

“I came here tonight thinking that I wouldn’t consider extending the hours, but after hearing the testimony, my position has shifted.”

Her change of heart didn’t rise to the level of approval.

“I hope in six months you can come back here with the people [opponents] in the back of the room in support of the extended hours,” Rollinger said.

The six-month probation period set by the commission was revised from September to May by the council, at which time Mozambique’s efforts to appease the opponents in the neighborhood and the effects of the extended hours will be reviewed.