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HomeMy WebLinkAbout02/23/1981 - Adjourned City Council MeetingADJOURNED MEETING OF THE CITY COUNCIL CITY OF COSTA MESA February 23, 1981 The City Council of the City of Costa Mesa, California, met in adjourned regular session on February 23, 1981, at 4:00 p.m., in the fifth floor Conference Room of City Hall, 77 Fair Drive, Costa Mesa, said meeting having been duly and regularly ordered adjourned from the regular meeting of February 17, 1981, and a copy of the Notice of Adjournment having been posted as required by law. The meeting was called to order by the Mayor. Roll Call Council Members Present: Schafer, Hall, Hertzog, McFarland Council Members Absent: Johnson Officials Present: City Manager, City Attorney, Director of Public Services, Development Services Director, City Clerk Newport Beach Mayor Schafer introduced Don Webb, Assistant City Official Engineer, from the City of Newport Beach. Recognized Route 55 - EIS The Mayor presented alternatives recommended by the Alternatives Technical Advisory Committee (TAC) for the Environmental Impact Statement (EIS) in connection with Route 55. The alternatives approved by the Council at this meeting will be submitted to the Policy Advisory Committee (PAC) at their meeting of March 5, 1981. Mayor Schafer reported that the City's Public Services'Director is a member of TAC, and that Councilman McFarland chairs PAC. The EIS alternatives recommended by TAC follow. A. Consider in the Draft EIS: (1) No project; (2) Grade separations and widen Newport Boulevard; (3) Viaduct/retaining wall along Newport Boulevard; (4) Viaduct/retaining wall along Costa Mesa's alignment; and (5) Three levels of transit (guideway, park and ride, and no project). B. Delete from further study: (1) Widen Newport Boulevard; (2) Grade separations; (3) Freeway on adopted alignment to Pacific Coast High- way; and (4) Freeway on adopted alignment to Industrial Way. The above recommendations also include modifica- tion to A(2) through A(4) to consider either freeway - type construction or widening and grade separations for that portion of Route 55 from Bay Street to Bristol Street. TAC also recommended continuing support in this study for the need of reconstructing the "Arches" interchange. Court Burrell of CALTRANS and the City's Public Services Director explained the various alterna- tives by referencing a map which was placed on the wall for easy viewing. Both answered questions from the Council. During discussion, Vice Mayor Hall stated he preferred to retain the study for the freeway on the adopted alignment to Industrial Way. A motion was made by Vice Mayor Hall, seconded by Councilwoman Hertzog, approving the five alternatives recommended by TAC to consider in the Draft EIS and adding No. 6, Freeway on adopted alignment to Industrial Way. The motion carried unanimously, Councilman Johnson absent. Adjournment At 4:50 p.m., the Mayor adjourned the meeting to to 6:30 p.m. 6:30 p.m., in the Council Chambers of City Hall, for the continued hearing to consider revocation of the entertainment permit for the Cuckoo's Nest. The City Council of the City of Costa Mesa, California, met in adjourned regular session at 6:30 p.m., in the Council Chambers of City Hall, said meeting having been duly and regularly ordered adjourned from the meeting held at 4:00 p.m., in the fifth floor Conference Room of City Hall. A copy of the Notice of adjournment had been posted as required by law, and also was posted on the door of the Council Chambers, and at various other locations in the Civic Center. Roll Call Council Members Present: Schafer, Hall, Hertzog, McFarland 1 Council Members Absent: Johnson Officials Present: City Manager, Assistant City Manager, City Attorney, City Clerk Entertainment The Clerk announced the hearing, continued from the Permit for the meeting of February 17, 1981, to determine whether or Cuckoo's Nest not the City should revoke the entertainment permit for McDuck Corporation, doing business as the Cuckoo's Permit Revoked Nest, 1714 Placentia Avenue. A communication has been received from Fred A. Howser, Attorney at Law, 4340 Campus Drive, Newport Beach, who represents a 17 -year- old minor who'was seriously injured at the Cuckoo's Nest on October 14, 1980. The Assistant City Manager reported that the hearing was continued to this date in order to give the operators of the subject business an opportunity to present evidence on -their behalf. He further stated that what is being considered was whether or not the operators are meeting the provisions of the live entertainment permit; the City contends they are not because of damage to surrounding properties, cur- few violations, malicious mischief, alcohol-related offenses, 'drug use, and the inability of the operators to control activities of their patrons. The Assistant City Manager also advised that documentation and testi- mony from the meeting of February 17, 1981, are part of the record for tonight's continued hearing. The Council received further information from staff: a memorandum dated February 23, 1981, from Tom MacDuff, City Fire Protection Analyst, concerning a van fire at 1728 Placentia Avenue; and a memorandum dated February 23, 1981,, from Will Quinn, Revenue Supervisor, certifying that the entertainment permit attached was true and correct, and detailing the condition upon which the permit was issued. Mayor Schafer reiterated that punk rock was not the issue being considered. Peter Wil- liams, owner/operator of the Cuckoo's Nest, voiced his opinion that some element of punk rock was on trial; that problems were occurring outside of the subject establishment and were not all caused by patrons of the Cuckoo's Nest; and referring to graffiti painted on walls of local businesses, he suggested that this was done by Hispanic groups living nearby. Mr. Williams further stated that'his establishment was an asset to the City, a meeting place for a cultural group, and that it serves a community .need. Mr. Williams advised that his employees have cleaned up surrounding proper- ties, and donated funds for construction of a fence which a neighboring .businessman was erecting in order to protect his property. The following employees and/or patrons of the Cuckoo's Nest spoke in opposition to revocation of the live entertainment permit: Mark Soden, 165 Magnolia`Street, Costa Mesa; Stephen Hogie, 1780 Placentia Avenue, Costa Mesa; James Caron, 12671 Abbott Street, Garden Grove; Timothy Hawkins,.2649- Norse Avenue, Costa Mesa; Kevin Haskin, 13561 Partridge Street, Garden Grove; Sara Parker, 5901 Midway Drive, 1 Huntington Beach; Gay Parks, 2045 Haster Street, Apart- ment F-3, Anaheim; Andrew Swensen, 1267 DeSoto Street, Placentia; John Basshar, 491 - 62nd Street, Newport Beach; Greg. Earle, 3312 Seashore Drive, Newport Beach; Tom Amaler, 2135 Falmouth Avenue, Anaheim; David Wheeler, 319 Esther'Street, Costa Mesa; Rickey Davis, 20122 Clark Street, Orange; Daniel Kazman, 46 Willow Run, Irvine; Michael Roscio, 7772 - 16th Street, West- minster; Steve Jenkins, 10641 Greta Avenue, Buena Park; and Hesiod M. Zunk, 11751 Eudora Lane, Garden Grove. John Zubieta, owner of the Cuckoo's Nest property, stated that since the entertainment permit had been suspended on February 17, 1981, no problems have occur- red in the neighborhood. Mr. Zubieta stated that patrons of the Cuckoo's Nest have stolen food from his restaurant and also pulled out plumbing in the lavatory. He further advised that as a result of these problems, his business has.suffered losses because citizens are afraid to come to the area. Bill Modic, 1728 Placentia Avenue, stated that trash was not the the major problem, but damage to his property, such as broken windows, automobiles being driven onto his property, and is allegedly caused by'Cuckoo's Nest patrons. Mr. Modic also advised that he received $200.00 from Peter.Wil- liams.towards construction of a $2,000.00 fence. He further commented that a van and the Cuckoo's Nest had been victims of fires intentionally set. Mr. Modic offered photographs, slides, and a poster which was placed on his property, as evidence. He gave his opinion that there was insufficient parking for the subject business, that when he allowed Cuckoo's Nest patrons to use his restrooms, it was devastating; also that he was in fear of working at night, and that some neighbors were afraid to testify. Sharon Spearing, 295 Del Mar Avenue, Costa Mesa, owner of a business at 776 Newton Way, stated that she cleans litter herself, that one of her windows was broken from a beer bottle thrown from the subject property, and also mentioned that even though the Cuckoo's Nest serves beverages in paper cups, she observed their patrons drinking beer in their cars prior to entering subject establishment. Peter Wil- liams, owner/operator of the Cuckoo's Nest, again spoke stating that he was willing to clean up and police the neighboring properties; that even though the graffiti mentioned earlier was not done by his patrons, he would have it removed; and in connection with the fires that were referenced previously, he alleged that they did not involve Cuckoo's Nest patrons and stated that he knew the identification of the person, a Zubie's cus- tomer, who set fire to his building. Costa Mesa Reserve Police Officer John Olds, related several incidences which occurred at the Cuckoo's Nest while he was assigned to that area which included citing an employee of subject business, a minor, in possession of an open container of alcoholic beverage; patrons using the parking lot as a restroom, patrons walking on top of: o- automobile hoods; and having beer bottles thrown at him by said patrons. Police Officer Alan Kent referred to the evidence he submitted and his testimony at the hearing on February 17, 1981, and stated that a special force consisting of 10 to 12 police officers was as- signed to the'area because of the numerous complaints received, including many received from parents of patrons of the Cuckoo's Nest. Officer Kent reported that he observed these patrons running in front of moving vehicles and;one was seriously injured. Police Lieutenant Richard Johnson related four incidents oc- curring inside the Cuckoo's Nest which included minors in possession of alcohol and drinking of alcoholic beverages after 2:00 a.m. He further stated that the complaints received against the Cuckoo's Nest were more Recess than at any other bar in the City. Peter Williams responded with his opinion that the numerous complaints to the police were for the entire area, and not only for the Cuckoo's.Nest. There being no other speakers, the Mayor closed the public hearing. Councilman McFarland complimented the large audience on their good behavior and went on to state that he felt the permit should be revoked. because of the testimony he has heard and read. Councilwoman Hertzog gave her opinion that the building was too small for the subject operation and'that the freedom of the neighbors was being violated. Vice Mayor Hall complimented both the audience for their good behavior and Mr. Williams on his presentation, and stated that it appeared to him that the management of the Cuckoo's Nest was unable to control the situation. Vice Mayor Hall made a motion to revoke theI ive entertainment permit for the Cuckoo's Nest (McDuck Corporation) based on several findings. At this time, 8:25 p.m., Mayor Schafer announced that a short recess would be taken because many in the audience were leaving and it_was difficult to hear the speaker. The meeting reconvened at 8:35 p.m. Vice Mayor Hall repeated his earlier motion based on the following findings: The permittee has violated the terms and provisions of the permit as`follows: (a) The operation of live entertainment at the Cuckoo's Nest is detrimental to the general welfare of the City in that: (1) On nights when live entertainment is present, the Cuckoo's Nest parking lot is a hangout for the use of drugs and alcohol including use by minors. The management of Cuckoo's Nest has not dealt effectively with these problems. (2) The manager of the Cuckoo's Nest has been convicted of knowingly permitting a minor to consume alcohol where alcohol is sold .(inside the Cuckoo's Nest). (3) The inability of the permittee to curb the vandalism, rowdiness, and pervasive use of alcohol and drugs at the Cuckoo's Nest imposes an unfair burden on taxpayers to expend the resources to police the permit - tee's grounds. (4) Live entertainment at the Cuckoo's Nest results in large numbers of people, mostly unsupervised juveniles, congregating at the Cuckoo -'s Nest and causing such problems as alcohol-related offenses, disturbances and fights, littering, malicious mischief, drug use, and curfew violations. These factors are also damaging to the peace and general welfare of persons residing or working in the neighborhood of the Cuckoo's Nest. (b) Th'e operation of live entertainment at the Cuckoo's Nest is detrimental to the public safety in that: (1) Uncontrolled juveniles and other individ- uals attracted by live entertainment at the Cuckoo's Nest have committed such acts 1 M Ar -7,y as throwing rocks at businesses, and throw- ing bottles. (2) The pervasive presence of broken beer bottles endangers persons residing or working in the neighborhood. (c) The operation of live entertainment at the Cuckoo's Nest is detrimental to property in the neighborhood in that: (1) The continued failure of the management of the Cuckoo's Nest to provide effective crowd control has encouraged acts of van- dalism, such as graffiti -painting, breaking of windows, and large amounts of littering (including broken beer bottles) in areas near. the Cuckoo's Nest. (2) The Cuckoo's Nest has a reputation in the community as 'a hangout for uncontrolled, unsupervised youth, a site where there is access to drugs and alcohol. These factors are damaging to other nearby business prop- erties in that patronage is discouraged. (3) The inability or refusal of the permittee to control acts by the crowds attracted to the offered live entertainment has resulted in repeated acts damaging property of nearby businesses and residents, and has necessitated expenditures for security measures by neighbors including installa- tion of a barbed wire fence and other security devices. II The permittee has violated a provision of law, Costa Mesa Municipal Code Section 9-119(b): the permittee's manager has been convicted of knowingly permitting a minor to consume an alcoholic beverage where alcohol was being sold, a violation of Busi- ness and Professions Code Section 25658, which occurred on March 8, 1980, inside the Cuckoo's Nest. III Despite numerous warnings to permittee of the problems being caused by the manner it operates live entertainment in its business, operations under the live entertainment permit still cause serious detrimental effects in the neighborhood even though permittee has taken some steps to cope with some of the problems. Overall, the problems seem to.be worsening. IV The operation of live entertainment by permittee without adequately controlling and supervising its patrons and premises has created and perpetuates a powder keg that could explode into violence at any moment, seriously injuring many people. Vice Mayor Hall also requested that all documents, evi- dence, staff reports, photographs, and testimony submit- ted during the February 17 and 23, 1981, hearings be made a part of the record. He further commented that he did observe personally many of the activities dis- cussed this evening, was aware on a personal basis of the problems that exist, and was also aware of the location where the juveniles arrested came from by their own admission. Councilman McFarland seconded the motion, and it carried unanimously, Councilman Johnson absent. Bid Item 498 The City Manager presented Bid Item 498, Labor and Building Moving Material. to Move and Reconstruct a Designated Building and within the City of Costa Mesa. One bid received is on Reconstruction file in the Clerk's office. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, the bid was Awarded to awarded to Band Y House Movers, 3630 Westminster Ave - B and Y nue, Santa Ana, in the amount of $19,900.00, by the House Movers following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland NOES: Council Members: None ABSENT: Council Members: Johnson Adjournment The Mayor declared the meeting adjourned at 8:45 p.m. Mayor of the City of Cost Mesa ATTEST: C ty Clerk of t e City of Costa esa i i