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action was preceded by a motion made by Councilman Brandt, seconded by Councilman Ward to grant the appeal subject to a review of the driving record of appellant in one year; that if upon review there were traffic violations, the matter would be returned to the Council for disposition; the motion failed to carry on a vote or 3-4 with Councilmen Evans, Garthe, Yama~ moto and Bricken dissenting. CA 26.3 RECESS 9:32 p.m. with the At 9:25 p.m. the meeting was recessed and reconvened by Mayor Garthe at same Councilmen present. PUBLIC HEARING - APPEAL NO. 356 - Mayor Garthe announced MINOR EXCEPTION 75-26 - APPEAL that this was the time OF PROTEST OF ABC APPLICATION and place for the public hearing of Appeal No. 356 from the Zoning Administrator's denial of Minor Exception 75-26 and an appeal of the City's protest based on the recom- mendation of the Police Chief, of an alcoholic beverage ap- plication filed by Aristeo and Maria Velazquez, to allow on sale beer and wine in a restaurant at 900-904 East Fourth Street (M2 zone) which is within 300' of residences. Charles Zimmerman, Planning Director, presented the findings of the Zoning Administrator and stated that three residents appeared at the hearing; and that there were 16 declarations of complaint filed at the Alcoholic Beverage Control Board as well as the adverse finding of the Police Department. Captain Charles Thayer of the Police Department presented the findings of the Police Department and stated that there are 19 liquor licenses within a one-half square mile radius in the downtown area which is an area of major concern; that there has been enough crime in the downtown area to initiate a foot beat; and that additional liquor licenses in the area would be detrimental to crime prevention. Mr. Frederick Aguirre, attorney for applicants Aristeo and Maria Velazquez, stated that his clients had purchased the property with $7,000 down for a total purchase price of $34,000; that they understand the concern of the residents and the Police Department, but that they have no association with the previous owners or the management of the premises and they intend to establish a family-operated Mexican-American restaurant with the selling of beer and wine incidental to that purpose; that they plan to open at 6:00 a.m. and close at 12:00 midnight; that there will be no gaming devices or motion pictures; that the interior lighting will be in accor- dance with the ABC regulations; and that it is his clients' intention to stay within the law and respect the rights of the residents. Those speaking in opposition to the minor exception and ABC application were: Olivia Berber, 822 East Fourth Street B. W. Dowander, 304 East 16th Street Leland Lowe, 416 Lacy, operates market at 719 East Fourth Street CITY COUNCIL MINUTES 407 SEPTEMBER 15, 1975