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HomeMy WebLinkAbout12/04/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 4, 1989 The City Council of the City of Costa Mesa, California, met in regular session December 4, 1989, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Vice Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Chaplain William R. Parry, Hoag Memorial Hospital - Presbyterian. ROLL CALL Council Members Present: Vice Mayor Mary Hornbuckle Council Member Ory Amburgey (arrived at 6:45 p.m.) Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Mayor Peter Buffa Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Personnel Services Director Steven Hayman Assistant to the City Manager Rick Pickering City Clerk Eileen Phinney Associate Planners Kristen Caspers and Gabriel Elliott MINUTES On motion by Council Member Genis, seconded by Council November 8, 14, Member Glasgow, and carried 3-0, Council Members Buffa and 28, 1989 and Amburgey absent, minutes of the adjourned regular meetings of.November 8, 1989, November 14, 1989, and November 28, 1989, were approved as distributed. ORDINANCES A motion was made by Council- Member Genis, seconded by Council Member Glasgow, and carried 3-0, to read all ordinances by title only. PRESENTATION Linda Divino, Assistant Recreation Supervisor, intro- duced Judy Patte from the Orange County Volunteer Center RSVP Award and RSVP (Retired Seniors Volunteer Program) coordinator for the Costa Mesa area. Ms.'Patte announced that at the 17th Annual Volunteer Recognition luncheon, the Costa Mesa Seniors, and their sponsor, the City of Costa Mesa, received a special award for outstanding; utilization of senior volunteers. She presented the award to Bud Hohl, who accepted it on behalf of the City of Costa Mesa and the Costa Mesa Seniors. NEW CITY ATTORNEY Vice Mayor Hornbuckle introduced the new City Attorney, INTRODUCED Thomas Kathe. ORAL Janice Davidson, 1982 Arnold Avenue, Costa Mesa, thanked COMMUNICATIONS staff for providing a trash receptacle at the bus stop on Pomona Avenue and Hamilton Street. She reported that Trash Problem having the container at that location has helped to Resolved alleviate the trash problem. 1 Q11 Complaint Regard- Janice Davidson compared the property across the street ing Arnold Street from her home to a dump site because of the its neg- Property lected condition. She also complained about the behavior of the tenants who live there. Council Member Amburgey Arrived Council Member Amburgey arrived at 6:45 p.m. Bristol Street Sid Soffer, 900 Arbor Street, Costa Mesa, commented Traffic that contrary to some people's predictions, traffic on Bristol Street has not been adversely impacted by South Coast Plaza Christmas shoppers. . Traffic Signal Sid Soffer stated that if traffic signals were properly Synchronization synchronized, it would solve the gridlock problem. He recommended forming a Traffic Task Force, and offered to serve on such a committee. SOS Relocation Phil Morello, 592 Hamilton Street, Apartment "C", asked if Share Our Selves (SOS) has been given written notice to move from Rea Community Center. The City Manager responded affirmatively. Police Gang Unit John Feeney, 1154 Dorset Lane, Costa Mesa, reported that apparent gang graffiti appeared in his neighborhood two weeks ago, and requested information on whether the two- man police gang unit has been operating in the City as directed by the City Council. The City Manager responded that it takes months of training before police officers can effectively deal with gang problems, and stated that he would make his report available to Mr. Feeney. Council Member Genis requested an accounting of the funds which have been budgeted for this program. The City Manager also mentioned that he would report on whether the two positions have been filled. Council Member Glasgow stated that Captain George Lorton advised him that there are six open positions in the Police Department. Palace Avenue Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, Parking Problems complained about vehicles parking on Palace Avenue which is too narrow to allow parking. He commented that "no parking" signs are no longer posted and suggested that the City install new ones. Vice Mayor Hornbuckle requested that staff prepare a report regarding Palace Avenue. The City Manager stated that "no parking" signs would be installed as soon as possible. Lions Den Mr. Goldstein inquired about the availability of a report regarding the Lions Den bar at 719 West 19th Street. The City Manager replied that he received a report from staff earlier in the day but has not had. the opportunity to review it. Palace Avenue Richard Espinoza, 2048 Wallace Avenue, Costa Mesa, Trash Problems reported that old furniture and other garbage is being dumped on Palace Avenue, and asked if the City could have these items removed. The Public Services Director responded that staff does clean up the public right-of- way and relies on citizens' calls to let them know where the discarded furniture `and trash are located. $212 n" CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 7, Change Order No. 7 for Reconstruc- tion of Mesa Verde Drive Loop; Item 8, Completion of Bid Item No. 806, Replace Heating, Ventilating, and Air Conditioning Equipment at City Hall; Item 10, Agreement with Donahue and Company for real estate appraisal services; and Item 11, a resolution to include Victoria Street within the 1990-91 Arterial Highway Financing Program. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa READING FOLDER On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Michael E. and Gloria J. Buchtel; Pacific Bell No. CF946-0646; and Lauretta Weichman/State Farm Insurance. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning Division: Gurmeet Singh Licenses Bhathal, doing business as Alta Dena Drive In Dairy, 1085 Baker Street; and The Southland Corporation, doing business as 7 -Eleven Store No. 2172-17872, 1673 Irvine Avenue. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Mardan Foundation of Educa- Mardan tional Therapy, 695 West 19th Street, Costa Mesa, by Foundation ongoing fund-raising activities (annual award dinner, golf tournament, year-end appeal, support group, etc.) MOTION from November 27, 1989, to October 11, 1990. On motion Permit Approved by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, the permit was approved with application of Municipal Code Section 9-229. WARRANTS A motion was made by,Council Member Amburgey, seconded by Council Member Glasgow, approving Warrant Resolution MOTION 1449, including Payroll 8924, and Warrant Resolution Warrants 1449 1450. The motion carried by the following roll call and 1450 Approved vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa CLAIMS On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, the following MOTION claims were rejected: Claims Rejected Margaret F. DeVito; Steven S. Lane; Lupe, Marcial, and Edward Moreno; Quality Beer Distributors; and Shirley A. Symond. art 213 ADMINISTRATIVE Bids received for Bid Item No. 873, Truck Mounted Aerial ACTIONS Lift, are on file in the Clerk's office. On motion by Council Member Amburgey, seconded by Council Member Bid Item 873 Glasgow, the contract was awarded to Los Angeles Truck Mounted Freightliner/GMC, 1126 East Washington Avenue, Santa Aerial Lift Ana, for $66,064.50. The motion carried by the follow- ing roll call vote: MOTION AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Awarded to Genis, Glasgow Los Angeles NOES: COUNCIL MEMBERS: None Freightliner/GMC ABSENT: COUNCIL MEMBERS: Buffa Bid Item 875 Bids received for Bid Item No. 875, Convert Aviation Gas Jet "A" Gas System to Jet "A" System, are on file in the Clerk's System office. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the contract was awarded to MOTION Petroleum Contractors, Incorporated, 2030 West 17th Awarded to Street, Long Beach, for $49,594.00. The motion carried Petroleum by the following roll call vote: Constractors AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa Bid Item 876 Bids received for Bid Item No. 876, 45 Caliber Automatic Pistols and Pistols and Magazines, are on file in the Clerk's Magazines office. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the contract was awarded to MOTION Lathrop's Shooters Supply, Incorporated, 5146 East Pima, Awarded to Tucson, Arizona, for $10,084.31. The motion carried by Lathrop's the following roll call vote: Shooters Supply AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa Representative in On motion by Council Member Amburgey, seconded by Coun- Small Claims Court cil Member Glasgow, Resolution 89-184, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION APPOINTING DEBORAH ANDERSON, OFFICE SPECIALIST II, AS Resolution 89-184 THE CITY'S REPRESENTATIVE IN SMALL CLAIMS COURT IN ALL Adopted INSTANCES WHERE CLAIMS ON BEHALF OF THE CITY OF COSTA MESA ARE BEING ENFORCED, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa Change Order No. 7 Item 7 on the Consent Calendar was presented: Change Damon Construction Order No. 7 for $99,900.00 to the contract with Damon Construction Company, 500 East Gardena Boulevard, Mesa Verde Drive Gardena, in connection with Reconstruction of Mesa Loop Project Verde Drive Loop. At the request of the City Manager, this item was removed from the Agenda, and will be Removed from brought back to Council at the meeting of January 2, Agenda 1990, with additional justification for the change order. Notice of Completion Item 8 on the Consent Calendar was presented: Comple- Servidyne tion of Bid Item No. 806, Replace Heating, Ventilating, and Air Conditioning (HVAC) Equipment at City Hall, by Bid Item 806 Servidyne, Incorporated, 649 West Colorado Street, Replace HVAC Glendale. Equipment at City Hall Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, asked if the air conditioning would be working next summer. The Public Services Director replied that it is operating satisfactorily. s ; A 214 The Public Services Director recommended releasing retention money 35 days after the Notice of Completion has been recorded, rather than immediately after recordation. MOTION On motion by Council Member Amburgey, seconded by Improvements Council Member Genis, the improvements were accepted; Accepted the Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa Agreement with Item 10 on the Consent Calendar was presented: Agree - Donahue and Company ment with Donahue and Company, 2121 East Coast Highway, Suite 140, Corona del Mar, in an amount not to exceed Appraisal Services $7,500.00, to conduct real estate appraisal services required by the recently amended park dedication and Removed from in -lieu fee ordinance. At the request of the Deputy Agenda City Manager/Development Services, this item was removed from the Agenda. Include Victoria Item 11 on the Consent Calendar was presented: a Street within resolution requesting the County of Orange to include 1990-91 AHFP the improvement of Victoria Street within the 1990-91 Arterial Highway Financing Program. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, asked why the City was requesting funds for Victoria Street when construction probably would not begin for several years. The Public Services Director responded that County funds, which must be matched by the City, would be available for a minimum of two years. MOTION On motion by Council Member Amburgey, seconded by Coun- Resolution 89-185 cil Member Glasgow, Resolution 89-185, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE 1990-91 ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVE- MENT OF VICTORIA STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa PUBLIC HEARING The Clerk announced that this was the time and place Revocation of set for the public hearing to consider revoking Public Permit 89-012 Entertainment Permit 89-012, Hogue Barmichaels Bar, Hogue Barmichaels 1976 Newport Boulevard, Costa Mesa. The Affidavit of Bar Mailing is on file in the Clerk's office. A letter was received from Pastor Ruth L. Goodwin, Reorganized Church of Jesus Christ of Latter Day Saints, 1950 Church Street, Costa Mesa, supporting revocation of the entertainment permit. Letter from Jules Boryczewski and J. Daniel Baralt, co- owners of the business, including a petition signed by 60 neighbors who oppose revocation of the permit because of the efforts being made to control crowds entering and leaving the premises, and keeping the neighborhood clean. The Deputy City Manager/Development Services summarized his memorandum dated November 29, 1989, explaining that public entertainment permits are issued for up to two years and routinely renewed by staff. He reported on the many complaints received by the Council and his department about Hogue Barmichaels, and stated that the bar is creating a major problem impacting the surround- ing area. The Deputy City Manager reported that staff contacted the business in September and November, 1989, and interviewed residents in the neighborhood; however, there is no indication that the disturbances have subsided. Dave McCoy, 20th Street and Fullerton Avenue, stated that the disturbances created by the bar patrons have not been reduced, and he contended that the lack of adequate on-site parking is the major problem. He ccmmented on the litter strewn throughout the neighbor- hood and damage to private property. Scott Arthur, 1981 Church Street, reported that any problems caused by Hogue's customers have been recti- fied by the owners; therefore, the permit should not be revoked. Jules Boryczewski, co-owner of Hogue's, denied staff's contention that he has done nothing to alleviate the neighborhood disturbances. He stated that the opening in the wall has been closed; signs and flyers have been printed advising customers not to disturb the neighbors; parking has been increased by 18 spaces because he does not allow employees to park in the lot after 10 p.m.; there are now seven security people on duty on Friday and Saturday nights; his employees go through the neighborhood picking up trash and litter; and he pays for or repairs damaged property when it is reported to him. Mr. Boryczewski contended that the difficulty on weekends is that people come from other bars already inebriated, and when they are not allowed to enter Hogue's, they cause problems in the neighborhood. David Easton, 1985 Church Street, opposed revocation of the permit because of the steps being taken by the bar owners to reduce the disturbances in the neighborhood. Dave Cooper, 139 Walnut Street, stated that the problem is insufficient parking. Joe Falardi, 1968 Church Street, opposed revoking the permit, and stated that Hogue's owners have been very cooperative by paying for property damage, and closing the wall has reduced traffic on Church Street. Steven Park, 1944 Church Street, reported that he receives the brunt of the constant noise and litter. He believed the problem was too large to be resolved, and suggested getting rid of the nuisance. Ioug O'Keefe, 2044 Tustin Avenue, spoke about the improvements made at Hogue's to accommodate the handi- capped, and opposed revoking the entertainment permit. Vicky Bellamy, 1967 Church Street, stated that she has not had problems with Hogue patrons, and commented that litter can be found in any neighborhood. She contended that the patrons should be held responsible for their actions, not the bar owners. 4. •2I5 Peter Wadsworth, owner of a business at 1955 Church Street, reported on the damage to his property caused by Hogue's patrons. He asserted that the problem is with the type of people the bar attracts. Roberta Kyle, 139 Walnut Street, believed that the disturbances would be reduced if adequate parking were provided. She commented that it is unfair for her to have to contend with bar patrons defecating on her property and damaging her car. Robert Worthing, 1933 Church Street, told about a Hogue patron defecating in his children's pool, and finding a man passed out on his lawn. Mr. Worthing was not happy with police response time, and was in favor of the City's revoking the permit. Carlos Ruiz, 22951 Happy Hollow Road, Diamond Bar, owner of the maintenance company which services Hogue's, reported that his employees clean and police the area around 20th Street, Church Street, Walnut Street, and Newport Boulevard. He mentioned that they pick up all trash in the area, not only that which comes from Hogue's. Mr. Ruiz stated that the bar's owners are very concerned about the neighborhood and are willing to repair any damages. Brent Stiner, 4800 Clair Del Avenue, Long Beach, who has the owners of Hogue's for over 15 years, stated that he has never met more responsible business people. He commented that more bars should be run as well as Hogue's. Martin Jaronczyk, 857 Willow Drive, Brea, five-year member of the security staff at Hogue Barmichaels, stated that if the neighbors would call when a problem occurs, Jules Boryczewski would take care of it. Cindy Davis, 509 West Balboa Boulevard, Newport Beach, stated that the same problems occur in the beach area, and it was her opinion that Hogue's is not the only bar in the area responsible for the parking problems. She believed it was the City's responsibility to provide more patrols in areas where problems exist. Richard Goldstein, 1981 Wallace Avenue, stated that it appeared to him that the disturbances are occurring outside the bar, not inside; therefore, the entertain- ment permit is not the issue. Debbie MCCullen, 23441 Via Bayona, Mission Viejo, claimed that the neighborhood problems are not caused by Hogue patrons only, but other bars are equally responsi- ble. It was her opinion that the police should have more control over the situation. Robert Krogh, 1982 Church Street, contended that Hogue's is a giant nuisance and its management cannot control patrons outside the bar. He admitted that closing the wall has helped. Mr. Krogh read a letter from his neighbor, Steve Boster, 1984 Church Street, which listed problems caused by bar patrons: loud noise; foul, obscene language; trash and beer bottles thrown in the yard; sitting on vehicles; racing vehicles; couples engaging in sex in his yard; vehicles blocking his driveway; no on -street parking available; and fights and arguments in the middle of the night. Mr. Krogh read a letter from another neighbor, Diana Garvey, 1986 Church Street which described the problems she has had with patrons of Hogue's: loud noises and arguments in the middle of the night; trash being thrown in her yard; obscene language; eggs thrown on her house; urinating in her mail box and in her yard; mail being removed from the mail box and thrown around the yard; and no parking available after 9:00 p.m. on Fridays and Saturdays. Michael Vietor, 13691 Olympus Drive, Westminster, patron of Hogue Barmichaels for five years, was of the opinion that the owners of the bar are doing a fine job of keeping the neighborhood clean, and that the owners are not responsible for the patrons' actions after they leave the establishment. Russ Climpson, Discount Tire Store, 1950 Newport Boule- vard, reported that he has had no problems with patrons from Hogue Barmichaels, and mentioned that he observed Jules Boryczewski picking up trash early one Sunday morning. Jules Boryczewski made a brief statement about his caring about the neighborhood, and asked that if anyone had suggestions on how to resolve these problems, he would be happy to implement them. While answering questions from the Council, Jules Boryczewski reported that maximum occupancy for the building is 279, that there are over 100 people waiting to be admitted between 9:00 p.m. and midnight on Fridays and Saturdays, and that there are 77 spaces in the park- ing lot. Vice Mayor Hornbuckle commented that based on that information, insufficient parking is obviously the problem. May Devlin, 19099 Beach Boulevard, Huntington Beach, employee of Hogue Barmichaels for 8-1/2 years, stated that the owners are very responsible, and the music is not loud. She reported that if the police are needed, they usually respond within 10 minutes. Steven Park, 1944 Church Street, spoke again, stating that the residents deserved a peaceful neighborhood, and mentioned the numerous mail boxes he has had to replace. Greg Arko, 19 Palmento Way, Irvine, commented that the owners do care about the neighborhood, and spoke of the designated driver program which the owners have been promoting. Steve Lenz referred to the petition submitted by Jules Boryczewski containing 60 signatures of area residents who were not opposed to the present operation, stating that there were many more neighbors supporting the efforts of the owners in comparison to those who spoke in favor of revoking the permit. Lou Taylor, 20th and Church Streets, submitted photos of that corner on Saturday and Sunday mornings. Mike Perez, eight-year employee of Hogue Barmichaels, reported that he has repaired Ms. Taylor's mail box on a couple of occasions and she has been one of the few neighbors who has called to report any property damage. a,. 218 There being no other speakers, the Vice Mayor closed the public hearing. RECESS The Vice Mayor declared a recess at 8:35 p.m., and the meeting reconvened at 8:45 p.m. ANNOUNCEMENT Vice Mayor Hornbuckle announced that the public hearing Transportation for the Major Thoroughfare and Bridge Fee Program will Corridor Fees be continued to December 11, 1989; however, anyone wishing to speak on the item this evening may do so when the item is announced. Discussion on The Deputy City Manager/Development Services read the Hogue Barmichaels conditions for the Entertainment Permit as requested by Permit Council Member Genis: (1) Bartenders and security personnel must provide the Police Department with their names, copies of drivers licenses, etc. so the City knows exactly who is employed at the bar. (2) Doors of the bar must be closed at all times. (3) All permits and licenses must be posted in public view. (4) The opening to Church Street must be blocked off. (5) Crowd control in front of the building must be provided for customers waiting to enter the building. The Deputy City Manager/Development Services pointed out that Hogue's permit is valid until March, 1990. Vice Mayor Hornbuckle commented that it is obvious that while management has good intentions and has done a good job, problems still continue. The Vice Mayor indicated that she would prefer adding more conditions, such as requiring more off-street parking and restrict- ing the hours for dancing. Council Member Genis wanted additional off-street park- ing provided, with copies of any contracts with other businesses to be provided to the City. She believed the same number of parking spaces should be provided as required by the current Code. Council Member Genis suggested limiting the number of people standing in line outside the building. Council Member Amburgey believed that the establishment was doing everything possible to resolve the problems, but he wanted additional parking provided. He reported that he and Council Member Glasgow visited Hogue's the previous Saturday, and after witnessing the activities in the neighborhood, was prepared to revoke the permit for Thursdays, Fridays, and Saturdays. Council Member Glasgow related that screaming customers were on Newport Boulevard Boulevard during his Saturday night visit, and he believed the complaints by the neighbors are justified. He expressed admiration for the owners' attempts to alleviate the problem, but felt the actions of the patrons were beyond their control. Motion to Revoke A motion was made by Council Member Amburgey, seconded Permit Failed to by Council Member Glasgow, to revoke Entertainment Carry Permit 89-012 for Thursdays, Fridays, and Saturdays. 1 Council Members Hornbuckle and Genis were hesitant to revoke the permit at this time, but wanted to find ways of stopping the nuisance. The motion to revoke the permit failed to carry 2-2, Council Members Hornbuckle and Genis voting no. MOTION A motion was made by Council Member Genis to allow Conditions Added Entertainment Permit 89-012 to remain in effect for to Entertainment three months with the following conditions added: Permit 89-012 Lancing and entertainment shall cease at 11:00 p.m. nightly. There shall be no more than 20 people permitted to stand in line outside the building at any given time. Contracts shall be obtained for an additional 50 off-site parking spaces, and such contracts shall be submitted to the City for its examination. Doors and windows shall be closed at all times except when people are entering or exiting the building, and no interior noise shall be audible outside the building. After further discussion, Council Member Genis added to her motion: If additional parking is not available, free valet parking and a valet lot shall be provided. The additional 50 off-site parking spaces shall be provided within 15 days, and after 15 days, the enter- tainment.permit shall not be exercised until such time as parking contracts are provided to the City. Council Member Amburgey asked the owners if they would be able to comply with the new conditions. Jules Boryczewski responded that he would do his best. The motion was seconded by Vice Mayor Hornbuckle, and carried 3-1, Council Member Glasgow voting no. PUBLIC HEARING The Clerk announced that this was the time and place Request to Reduce set for the public hearing for Council review of the Speed Limit on Transportation Commission's denial of a request from Tustin Avenue Michael Wagner, 1982 Tustin Avenue, Costa Mesa, to reduce the posted speed limit to 25 miles per hour on Tustin Avenue north of East 17th Street. No communi- cations were received. The Public Services Director summarized his memorandums dated November 30 and December 4, 1989. He reported that California Vehicle Code provides that once a speed limit has been raised above 25 miles per hour, it cannot be reduced unless it is substantiated by certain engineering and traffic surveys. The Director advised that studies were performed by staff and one of the findings was that the existing 85th percentile speed on Tustin Avenue north of 17th Street is 34 miles per hour which conforms with the existing posted speed limit of 35 miles per hour. He reported that the traffic accidents were reviewed for the past year, and there were four accidents between October 1, 1988, and October 31, 1989. He added that each accident occurred at a different location. Council Member Genis commented that normally the speed limit is 25 miles per hour in a residential area, and asked for an explanation. The Public Services Director responded that 25 miles per hour is the prima facie speed limit established by the California Vehicle Code and takes into account narrower streets and frequency of driveways. Vice Mayor Hornbuckle suggested reducing the speed limit to 25 miles per hour and then doing a traffic survey. Her question to staff was that if 85 percent of the drivers were obeying the new speed limit, could it then be enforced. The City Attorney responded that the situation described is not precluded by Code. Michael Wagner, 1982 Tustin Avenue, who submitted the request for speed reduction, commented that the City decided to install sidewalks for safe pedestrian access; therefore, Council should be consistent by reducing the speed limit. Harriet Shablein, 1917 Tustin Avenue, was of the opinion that all residential areas should have a speed limit of 25 miles per hour. Dick Sherrick, 3146 Country Club Drive, was in favor of reducing the speed limit. There being no other speakers, the Vice Mayor closed the public hearing. Motion to Deny A motion was made by Council Member Amburgey, seconded the Request for by Council Member Glasgow, to deny the request to reduce Reduced Speed the posted speed limit on Tustin Avenue to 25 miles per Limit Failed to hour. The motion failed to carry 2-2, Council Members Carry Hornbuckle and Genis voting no. Motion to Direct A motion was made by Council Member Genis, seconded by Staff to do Vice Mayor Hornbuckle, directing staff to take addi- Another Survey tional traffic surveys north of 19th Street and also in Failed to Carry the area of the Boys Club, and submit it at the meeting of January 2, 1990. The motion failed to carry 2-2, Council Members Amburgey and Glasgow voting no. Dick Sherrick was reluctant to accept the decision with- out a full Council voting on the matter. Vice Mayor Hornbuckle asked if a Council Member could request a rehearing, and the City Manager responded affirmatively. PUBLIC HEARING The Clerk announced that this was the time and place PA-88-132/Ziemer set for the public hearing for Council review of the Henry and Harry's Planning Commission's decision for Planning Action Goat Hill Tavern PA -88-132, Robert R. "Zeb" Ziemer, Henry and Harry's Goat Hill Tavern, 1830 Newport Boulevard, Costa Mesa, for renewal of a previously approved Conditional Use Permit for expansion of an existing bar within 200 feet of residential property, with a variance from parking requirements, located at the above address, in a C2 zone. Environmental Determination: Exempt. The Affi- davit of Mailing is on file in the Clerk's office. A letter was received from John P. Evers, 125 Broadway, Costa Mesa, opposing expansion of the business. The Deputy City Manager/Development Services reviewed staff's memorandum dated November 30, 1989, reporting that because of residents' complaints about the noise 221 and other disturbances originating from the site, staff began an investigation and found that the Conditional Use Permit had expired. He stated that upon discovery of the expired permit, staff forwarded this item to the Planning Commission for public hearing. The Deputy City Manager reported that the Planning Commission approved a three-month renewal of Planning Action PA -88-132, to expire February 13, 1990; amended Conditions of Approval Nos. 2, 5, and 7, concerning occupancy limitation, hours of operation, and security guards; and added Condition No. 9 prohibiting sale of alcoholic beverages for off- site consumption. Council Member Amburgey reported that he requested that Council review this application only to address the hours of operation; he agreed with all other conditions imposed by the Planning Commission. It was his opinion that if the hours of operation were less than those of the adjacent bar, "The Helm", it would be impossible to monitor the effect of the other conditions. Council Member Genis announced that she had considered calling up this item for Council review because she felt the midnight closing recommended by staff was more appropriate, rather than 1:00 a.m. recommended by the Commission. She also suggested the possibility of closing the open beer garden earlier than the rest of the facility. Alan Burns, Attorney for the applicant, 453 South Glassell Street, Orange, stated that his client wanted to be a good neighbor and will make specific proposals in that regard. Mr. Burns reported that there have been two modifications to this tavern in the past 35 years: the addition of a beer garden in 1974; and recently, the addition of a game room. He was concerned about staff's contention that his client has no right to oper- ate except pursuant to the last Conditional Use Permit which Mr. Ziemer obtained for the game room. His other concern was staff's position that the permit which was issued for the property applies to the entire site and not merely to the open beer garden and adjacent game room. Mr. Burns claimed that since the conditions are not contained in one document, it is difficult to interpret them, or determine to which portions of the property they apply. John Ryan, 129-0 Broadway, Costa Mesa, reported that he keeps his windows closed in the summer because of the noise from The Goat Hill Tavern, and commented that Mr. Ziemer should not have expanded the business until he realized the impact it would have on the neighbors. Mr. Ryan recommended contacting Alcoholic Beverage Control to have the ages of the patrons investigated. Robert Ziemer, 258 East 20th Street, Costa Mesa, owner of the tavern, reported that he has cancelled all tele- vision advertising. He addressed the issue of landscap- ing, and explained that the Redevelopment Agency was involved with some of the improvements that took place on the property. Les McCracken, employee of the security company hired by Mr. Ziemer seven weeks ago, believed the company has done an adequate job by reducing noise by approximately 90 percent. He stated that drunks are not bothering the neighbors anymore, and explained the routine he follows to ensure that patrons have left the premises and the surrounding area by approximately 2:00 a.m. .t 222 Sheila Ward, 122-D Magnolia Street, stated that the loudest disturbances from the bar are between 10:00 p.m. and 2:00 a.m., and has documentation of the problems which have been occurring. Ms. Ward reported that there has been very little change in the past four months, in fact, it seems to have gotten worse since the Planning Commission meeting. Everett Alsenz, 112 East 18th Street, owner of three businesses at the south end of the tavern's parking lot, found it very distasteful that the owner of Goat Hill was not meeting his responsibilities. He also blamed the City for allowing the nuisance to continue. Mr. Alsenz asserted that the tavern has been given special privileges not enjoyed by other businesses. Leslie Alsenz, 112 East 18th Street, spoke about the problems created by Goat Hill patrons, such as three broken windows at her business; urinating on her prop- erty; and people sleeping in mobile homes in the City's parking lot. Jody Niemeyer, 140 Magnolia Street, stated that noise and vandalism have increased since the Planning Commis- sion meeting. Richard Sewell, 136 Rochester Street, owner of the West Bay Apartments which abut the subject parking lot, reported that in the past two or three years, he has had constant complaints from his tenants about the noise problems. Mr. Sewell agreed with the 90 -day renewal period, stating that he hoped that a solution to the problem would be found during that time. Gary Monahan, 139 Albert Place, Manager of Goat Hill Tavern, mentioned that the security guards employed by Mr. Ziemer caught the vandals who were breaking windows - and they were not patrons of the tavern. He asserted that there is much less noise now, and reported that he advised the neighbors at the Planning Commission meeting to call him if there were any problems; however, he has not received any complaints. J. C. Humphries, 1835 Newport Boulevard, mentioned all the improvements that have been made to upgrade the downtown area, but the problems caused by the bar patrons are hindering any attempt to improve the area. Mr. Humphries supported a 2:00 a.m. closing time during the 90 -day period because he believed staff could more accurately assess the effects of the other conditions imposed by the Planning Commission. Dick Sherrick, 3146 Country Club Road, supported staff's recommendations, and was in favor of revoking the bar's business license if the situation did not improve. Susan Switzer, owner of Costa Mesa Florist, 117 Broadway, expressed her concern about the alley near her business, contending that it is unsafe for pedestrians and drivers. She recommended installing speed bumps and a one-way sign. Gerhart Ziemer spoke about the changes they have been making at the site in order to alleviate the problems. He reported that in the five years they have been in business, there have been no problems with Alcoholic Beverage Control, and the police recently checked the identifications of their clients and none were found to be underage. Mr. Ziemer stated that it was unfair to blame Goat Hill Tavern for all the problems in the neighborhood. Les McCracken, Goat Hill Tavern security guard, spoke again to commend the police on their excellent response time. Betty Angola, 155 East 20th Street, stated that she has been a patron of Goat Hill Tavern ever since it opened and has never been afraid to go there alone. She praised Zeb Ziemer for his efforts to alleviate prob- lems for the neighbors, and felt the patrons should be responsible for their own actions. Donna Shafer, 122-A Magnolia Street, commented that last weekend was quiet, and if it continued, she would be happy. Mss. Shafer was not pleased with police response time. She contended that the bartender encourages some of the customer rowdiness. Alan Burns, Attorney for the applicant, contended that the only hard evidence presented this evening was that a drunk from another bar was found on a resident's sofa, vandals were caught by Goat Hill Tavern's security guards, and there are people sleeping in the City's parking lot. Mr. Burns submitted photographs of the signs installed since the Planning Commission hearing. There being no other speakers, the Vice Mayor closed the public hearing. Associate Planner Gabriel Elliott answered questions from Council Member Amburgey regarding police incident reports for Goat Hill Tavern and the adjacent bar, The Helm, for the period September 25, 1988, through Septem- ber 25, 1989. The Associate Planner reported that the Police Department would not release any arrest informa- tion. MOTION A motion was made by Council Member Amburgey, seconded Upheld Planning by Council Member Glasgow, to uphold the Planning Commission's Commission's approval of a three-month renewal (to Decision Except expire March 4, 1990) for Planning Action PA -88-132, Hours of Operation including Conditions of Approval recommended by the Extended Ccxmission, with the exception that Condition of Approval No. 5 was amended to state that hours of opera- tion shall be from 11:00 a.m. to 2:00 a.m., seven days a week, for the three-month period. Council Member Glasgow commented on the dangerous condi- tion of the parking lot, and suggested that the access from 18th Street be changed to a one-way entrance only as it was in the past. He requested a report from staff recommending parking lot modifications to improve traffic circulation. Council Member Glasgow suggested installing fences to separate the parking area from the residences. He mentioned that after visiting the site last Saturday night, he did not believe Mr. Ziemer was aware of the poor behavior"of his employees. Council Member Genis agreed with all conditions imposed by the Planning Commission except that she preferred having the business close earlier. She also agreed with the suggestion to improve the parking lot as well as the visibility in the alley. She suggested that staff investigate the allegation that people are living in campers in the parking lot. The City Manager suggested immediate corrective action to ensure that signage is reinstalled, along with the necessary one-way access points on both ends of the parking lot; and a survey of the site to clear it of any vehicles or anything else that may be in violation of the regulations. He also recommended an analysis of the Vehicle Parking District, the last one having been done approximately four or five years ago when the commercial rehabilitation project on the demonstration block was done. He mentioned that the last analysis did include an upgrade of the Vehicle Parking District; however, since the expenses for the store front remodel- ings escalated considerably, the Redevelopment Agency and the property owners agreed to delay the Vehicle Parking District improvements. The City Manager reported that a complete rehabilitation plan for the District is on file and can be updated. During brief discussion, it was determined that when the three-month period has expired, the Conditional Use Permit shall be brought back to Council for a decision. The motion carried 3-1, Council Member Genis voting no. RECESS The Vice Mayor declared a recess at 11:10 p.m., and the meeting reconvened at 11:20 p.m. PUBLIC HEARING The Clerk announced that this was the time and place PA -89-111 set for the public hearing for Council review of the Fancher/L & M Planning Commission's decision for Planning Action Ventures PA -89-111, William D. Fancher, Post Office Box 4429, Orange, authorized agent for L & M Ventures, 1901 Avenue of the Stars, Suite 1060, Los Angeles, for Conditional Use Permits to allow a drive-thru restaurant with out- door seating for a maximum of 12 customers, and to allow off-site access with variances from street setback requirements (0 to 13 feet proposed; 20 feet required), located at 801 West 19th Street in a Cl zone. Environ- mental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. A letter from Robert J. Krup, 730 E1 Camino Way, Suite 100, Tustin, Attorney for Trautwein Family Trust, owner of property at 803-817 West 19th Street, was opposed to the project. A letter from L & M Property Management, 1617 Westcliff Drive, Suite 112,Newport Beach, management firm for Vista Center which surrounds the subject site, requested denial of Planning Action PA -89-111. A letter from Raymond Trautwein, 33531 Avenue Calita, San Juan Capistrano, owner of property at 803-817 and 837, 839, and 853 West 19th Street, stated that the project as approved by the Planning Commission is totally unacceptable. The Deputy City Manager/Development Services briefly discussed the Staff Report and staff's memorandum dated November 30, 1989. Council Member Genis was concerned with the variance from street setback requirements (20 feet required; 0 to 13 feet proposed). She commented that drive-thru restaurants are known to cause much of the air pollu- tion, yet air quality was not adequately addressed in the Negative Declaration. 225 Associate Planner Kristen Caspers reported that the Air Quality Management District (AQMD) Guidelines contain a threshhold for drive-thru restaurants over which one can determine there is a significant impact. She stated that the threshhold is a minimum of 4,000 square feet of restaurant, or any facility generating 2,000 average daily trips; however, this project contains less than 1,000 square feet, and would generate only 630 average daily trips. Council Member Genis commented that once 19th Street is widened, there will be very little landscaping on the site, and cars will be entering only two feet from the right-of-way line. Council Members Hornbuckle and Genis expressed their concerns about easement problems. The Deputy City Manager/Development Services reported that it is his understanding that there is documentation of reciprocal access agreements between Vista Center and the subject parcel. Bill Francher, Rally's Hamburgers, addressed the issue of air quality, stating that he was not aware of any city banning drive-thru businesses because of the impact on air quality. Mr. Francher reported that traffic is being mitigated by the dedication of 30 percent of the site to the City for street widening, and construction of a right -turn pocket. He stated that there are no easement problems, and he would provide adequate proof to the City during the plan check process. Mr. Francher commented on the adequacy of the circulation plan, and the fast service they provide. John Kelly, representing Rally's Hamburgers, 8525 Gibbs Drive, San Diego, addressed air quality impacts caused by drive-thru businesses, including banks, and measures taken to mitigate the impacts. He reported that hours of operation during the week would be 10:00 a.m. to 11:00 p.m., closing at midnight on weekends. He expected business to be evenly distributed throughout the day. There being no other speakers, the Vice Mayor closed the public hearing. Council Member Genis indicated that she could approve the drive-thru until such time as 19th Street is widened to its full right-of-way width; and it was her opinion that the Negative Declaration of Environmental Impact was incomplete. A motion was made by Council Member Genis, seconded by Council Member Amburgey to approve PA -89-111 until 19th Street is widened, and at that time, the drive-thru function shall cease. After brief discussion, Council Member Genis withdrew her motion. A motion was made by Council Member Genis to continue this item until staff obtains reports from other cities which have mitigation measures for drive-thru businesses. The motion died for lack of a second. A motion was made by Council Member Amburgey to adopt the Negative Declaration of Environmental Impact, and to uphold the Planning Commission's decision. The motion died for lack of a second. MOTION Adopted Negative Declaration; Approved CUPs for PA -89-111; Denied Variances A motion was made by Council Member Genis to uphold the Planning Commission's decision, and at such time as the City widens 19th Street, the drive-thru function shall be eliminated. The motion died for lack of a second. A motion was made by Council Member Glasgow, seconded by Vice Mayor Hornbuckle, to adopt the Negative Declara- tion of Environmental Impact, approve the Conditional Use Permits for Planning Action PA -89-111 subject to modifications and conditions, and deny the variances from street setback requirements. AMENDED MOTION After discussion, Council Member Glasgow amended his Modified the Nega- motion by adding that the Negative Declaration shall tive Declaration contain a brief paragraph discussing the impacts of drive-thru restaurants on the AQMD regulations for air quality, hydrology, and geology. The amended motion carried 4-0. PUBLIC HEARING The Clerk announced that this was the time and place Annual Review of set for the public hearing for the annual review of DA -88-02 Metro Pointe Development Agreement DA -88-02 for A & R Metro Pointe and R & A (Arnel Development Company), Parcel 5, Phases II and III, located at the southwesterly portion (odd numbers) of the 900 block of South Coast Drive, in a PDC zone. Environmental Determination: Environmental Impact Report No. 1020 certified in 1984. The Affi- davits of Mailing and Publishing are on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services gave a brief report on staff's memorandum dated November 27, 1989, pointing out that Development Agreements must be reviewed annually to determine that the developer is complying with the terms and provisions of the agree- ment. Leonard Hampel, Rutan and Tucker, 611 Anton Boulevard, Suite 1400, Costa Mesa, representing Arnel Development Company, was present to answer any questions from the Council. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, wanted clarification of the fees required from Arnel for construction of a fire station. The Deputy City Manager/Development Services explained the fee schedule for Mr. Sherrick. Mr. Sherrick expressed concern that three streets impacted by the Arnel project do not meet the LOS (Level of Service) "D" standard. There being no other speakers, the Vice Mayor closed the public hearing. Council Member Council Member Glasgow left the chambers, and did not Glasgow Left participate in the remainder of the meeting. MOTION A motion was made by Council Member Amburgey, seconded Determined that by Vice Mayor Hornbuckle, finding and determining that Terms and Condi- based on the evidence presented in the record, Arnel tions have been Development Company has demonstrated good faith ccmpli- Met ance with the terms and provisions of Metro Pointe Development Agreement DA -88-02. Council Member Genis stated that she would abstain from voting. Even though she believed Arnel Development Company has been complying with the agreement, she was of the opinion that in order to make a good faith effort, there must be a good faith agreement et the 1 [J k.4:227 outset, and she has never considered this to be a good faith agreement. She commented that in order for a development agreement to be valid, it must be in conformance with a valid General Plan. The motion determining good faith compliance carried 2-0, Council Member Genis abstaining, Council Member Glasgow absent. PUBLIC HEARING The Clerk announced that this was the time and place Formation of set for the public hearing to consider formation of Underground Utility Underground Utility District No. 19 on Victoria District No. 19 Street, from 75 feet west of Canyon Drive to Harbor Victoria Street Boulevard. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Public Services Director summarized his memorandum dated November 27, 1989. He reported that design and construction will be at no cost to the City since Southern California Edison Company will be allocating $1,800,000.00 to underground its equipment; it is the policy of Pacific Bell to match the Edison Company on a footby-foot basis for conversion of overhead telephone facilities to underground; and Copley/Colony Cable- vision of Costa Mesa is required by Code to pay for undergrounding its facilities when such undergrounding is constructed. The Director stated that 89 properties will be affected by this project, and owners must pay for connections to their properties. Vice Mayor Hornbuckle expressed concern about the cost to property owners. The Public Services Director suggested that staff investigate alternative funding for connections to the affected properties. Jim Kennedy, Southern California Edison Company, stated that formulating the underground utility district in conjunction with the Victoria Street improvement project will save the City the cost of relocating the utilities. There being no other speakers, the Vice Mayor closed the public hearing. MOTION A motion was made by Council Member Genis, seconded by Resolution 89-186 Council Member Amburgey, to adopt Resolution 89-186, A Adopted; Staff RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Directed to MESA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY Provide Financing DISTRICT NUMBER 19 ON VICTORIA STREET FROM 75 FEET WEST Alternatives OF CANYON DRIVE TO HARBOR BOULEVARD, and directing staff within 30 days to provide within 30 days, recommendations for alterna- tive means of financing connections to affected proper- ties. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa, Glasgow PUBLIC HEARING The Clerk announced that this was the time and place Major Thoroughfare set for the public hearing to consider an increase in and Bridge Fee collection of fees (the "Development Fees") pursuant to Program the Major Thoroughfare and Bridge Fee Program for the San Joaquin Hills Transportation Corridor and Foothill/ Eastern Transportation Corridor (the "Fee Program"). Development fees only apply to new development; existing residential and nonresidential units are not subject to the proposed fee increase. The Affidavits of Posting and Publishing are on file in the Clerk's office. No communications were received. The City Attorney recommended continuing the public hearing until his office has had the opportunity to review documents supporting the increased fee. MOTION On motion by Council Member Genis, seconded by Council Continued to Member Amburgey, and carried 3-0, the public hearing December 11, 1989 was continued to December 11, 1989, at 6:30 p.m. OLD BUSINESS The Clerk presented Ordinance 89-30 for second reading Permit Parking for and adoption. The ordinance amends the Municipal Code City Employees to allow establishment of City employee permit parking areas at designated City -owned facilities. MOTION On motion by Council Member Amburgey, seconded by Ordinance 89-30 Council Member Genis, Ordinance 89-30, AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER XI OF TITLE 10 OF THE COSTA MESA MUNICIPAL CODE RELATING TO PERMIT PARKING, was given second reading and adopted by the following roll call vote: AYES: COUNCIL ME24BERS: Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa, Glasgow OLD BUSINESS The Clerk presented amended Ordinance 89-31 for second Bingo Ordinance reading and adoption. The ordinance allows certain and Resolution City -based nonprofit, charitable organizations to Establishing Fees conduct Bingo games for charity. The Clerk also pre - for Bingo Licenses sented a resolution establishing permit fees for issuance of Bingo licenses. The Assistant to the City Manager reported that minor changes in language relating to drugs and alcohol, and the requirement that the nonprofit corporation provide the City with a list of all officers and their dates of birth, have been incorporated in the ordinance as requested by Council at its last meeting. MOTION On motion by Council Member Amburgey, seconded by Ordinance 89-31 Council Member Genis, Ordinance 89-31, AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE MUNICIPAL CODE TO ALLOW CERTAIN COSTA MESA - BASED, NONPROFIT, CHARITABLE ORGANIZATIONS TO CONDUCT BINGO GAMES FOR CHARITY, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa, Glasgow Dick Sherrick, 3146 Country Club Drive, Costa Mesa, asked if a nonprofit organization which is not a charitable organization can operate a Bingo game. The Assistant to the City Manager responded that State Penal Code Section 326.5(a) allows Bingo games for charitable purposes only. MOTION On motion by Council Member Amburgey, seconded by Resolution 89-187 Council Member Genis, Resolution 89-187, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AN ANNUAL BINGO LICENSE FEE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa, Glasgow I� ( $ r 229 OLD BUSINESS The Clerk presented a report frcm the Public Services Completion of the Director concerning Stop Notices filed against Fecit 19th Street Strata Construction Company, 10727 Leland Drive, Widening by Whittier, in connection with construction of the 19th Fecit Strata Street Widening from Park Avenue to Anaheim Avenue. The Public Services Director reported that on November 6, 1989, Council authorized a Notice of Completion to be filed. He summarized his memorandum of November 22, 1989, which contains recommendations concerning release of any remaining retention funds and exoneration of the bonds. MOTION On motion by Council Member Amburgey, seconded by Stipulated Council Member Genis, the following action was taken: Conditions for Release of Funds Staff was authorized to release any remaining funds to and Exoneration the contractor upon resolution of the Stop Notices in of Bonds compliance with the requirements by law and upon approval by the City Attorney, but not before the time specified in the contract. Staff was authorized to exonerate the Labor and Material Bond and the Performance Bond upon complete release of the City from any financial obligations under the contract, but not before the time specified in the contract. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa, Glasgow OLD BUSINESS The Clerk presented from the meeting of November 20, Initial Study/ 1989, a resolution supporting the adequacy of the Environmental Initial Study/Environmental Document for the I-405 Document for Access and Widening. I-405 Access and Widening The Public Services Director summarized his memorandum dated November 28, 1989, reporting that Council raised questions concerning the adequacy of an existing noise barrier along the 405 Freeway, and another concerning a search of historical and archaeological resources. The Director stated that the historical and archaeologi- cal resources survey was conducted in accordance with required guidelines. In regard to the sound wall, additional noise studies were taken along Garlingford Street between Fairview Road and Harbor Boulevard, and CALTRANS staff found that with projections to the year 2010, future noise levels would be below 67 dba, which is within acceptable Federal limits. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, could not accept the results of the CALTRANS evaluation, and was of the opinion that freeway noise is higher than that reported by CALTRANS. Council Member Genis asked if the surveys were taken from behind block walls or shrubbery. The Public Services Director responded that he believed block walls were in place at the homes where testing was being conducted. Council Member Genis commented that the information provided does not specify whether the readings were instantaneous or done over a period of time, nor does it clarify whether or not the readings were taken from behind block walls. Vice Mayor Hornbuckle suggested that staff obtain more detailed information. MOTION A motion was made by Council Member Genis, seconded by Held Over to Vice Mayor Hornbuckle, to continue this item to the December 11, 1989 meeting of December 11, 1989, so that additional noise level infonnation could be obtained. The motion carried 2-1, Council Member Amburgey voting no. NEW BUSINESS The Clerk presented a resolution adopting amended guide - Amended CEQA lines for implementation of the California Environmental Guidelines Quality Act (CEQA). The Deputy City Manager/Development Services reported that the resolution adopts the CEQA guidelines as the City's guidelines, keeping the City up-to-date with State law. He pointed out that the resolution has been modified slightly by the City Attorney by an addition to the 10th paragraph. Associate Planner Kristen Caspers read the amended paragraph (the addition is underlined): "BE IT FURTHER RESOLVED that the following procedures are added to supplement, but in no way conflict with, CEQA or the Guidelines; provided, however, that failure to comply with any of these supplemental Guidelines shall not invalidate any project approval_:" MOTION A motion was made by Council Member Genis, seconded by Resolution 89-188 Council Member Amburgey, to adopt Resolution 89-188 as Adopted amended, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REVISED IMPLEMENTA- TION PROCEDURES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: .Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa, Glasgow NEW BUSINESS The Clerk presented a report on consideration of form - Palace Avenue ing an assessment district for the purpose of improving Assessment the alley at Palace Avenue. District The Public Services Director summarized his memorandum dated November 14, 1989, which states that results of a petition count obtained by the City Engineering staff showed only a 25 percent favorable response by property owners to form an assessment district for improving the alley between 20th and Hamilton Streets. He stated that based on this data, staff is recommending that Council table consideration of forming an assessment district. Charles Markel, 2851 Clubhouse Road, Costa Mesa, reported that he has been conducting surveys and found that 28 property owners are in favor of the improvements being constructed, but they want the City to pay for them. Mr. Markel suggested investigating other means to fund the improvements, and asked that the project not be tabled. The City Manager recommended having staff bring back a report on alternative means of financing. Council Member Genis suggested that staff investigate ways of disposing of furniture, vehicles, etc. that have been abandoned in alleys. MOTION/Tabled A motion was made by Vice Mayor Hornbuckle, seconded by Assessment District; Council Member Genis, and carried 3-0, to table further Directed Staff to consideration of forming an assessment district for the Notify Owners and alley at Palace Avenue, directing staff to notify prop - to Provide a Report erty owners in writing of the present level of interest, on Alley and requesting a report from staff on how the City can Improvements proceed with alley improvements Citywide. NEW BUSINESS The City Manager presented Revised Council Policy 300-1 Council Policy concerning the Retired Employees Major Medical Program. No. 300-1 He announced that the Personnel Director was present to Retired Employees review the key points. Medical Program lige Personnel Services Director referred to his memoran- dum of November 29, 1989, stating that based on discus- sion at the Council Study Session of October 9, 1989, the revised policy was being presented for review and comments. He reported on changes in five specific areas detailed on Page 2 of the memorandum: (1) Minimum Service Requirements; (2) "Contractual Elnployees"; (3) Council Member Participation; (4) City Contribution; and (5) Date of Implementation. Vice Mayor Hornbuckle asked the City Attorney if he saw any problem in Council Members affected by the outcome of the final decision discussing this policy. The City Attorney responded that after reviewing the issue, it was his opinion that none of the Council Members are disqualified at this time to discuss, comment, or vote on the policy. Council Member Amburgey referred to Page 5 of Revised Policy 300-1, Section 1(c), which addresses years of service and percentage of the medical insurance premium which will be paid by the City. He stated that the contribution for 10 years of service is 50 percent, 20 years is 75 percent, and 30 years is 100 percent; as a result, an employee with 21 years of service receives the same percentage as an employee who has had 29-1/2 years of service. He suggested prorating those percentages if it were not too costly to do so. The Personnel Services Director responded that this adjustment could be made and he would bring back that change at the next Council meeting. Council Member Genis suggested that employees with five years of service should have the option of remaining in the program at their own expense so they can be assured of the availability of insurance coverage. Continued to No action was required for this item. The Personnel December 11, 1989 Services Director stated that data on the revisions recommended by Council will be presented at the adjourned meeting of December 11, 1989. CITY ATTORNEY The City Attorney requested settlement authority for REPORTS the claim from Glenn M. and Merlyn G. Vaught. Vaught Claim A motion was made by Council Member Amburgey, seconded by Council Member Genis, authorizing the City Attorney MOTION to negotiate a settlement of the claim as detailed in Settlement staff's memorandum dated November 28, 1989. The motion Negotiations carried by the following roll call vote: Authorized AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa, Glasgow ADJOURNMENT TO At 1:25 a.m., the Vice Mayor adjourned the meeting to CLOSED SESSION a closed session, pursuant to Government Code Sections 54956.9(b)(1) and 54956.9(c), to discuss significant Costa Mesa Golf exposure to litigation concerning a claim for damages and Country Club accompanied by a letter advising that the Costa Mesa Country Club will be added as a defendant in a pending Federal lawsuit; and to consider whether to initiate litigation concerning possible breach of contract by the concessionaire of the Costa Mesa Golf and Country Club in regard to reporting of revenues. MEETING RECONVENED At 1:53 a.m., the Vice Mayor reconvened the meeting. On motion by Council Member Pmburgey, seconded by Council MOTION Member Genis, the City Attorney was directed to prepare Directed City a report for Council consideration regarding possible Attorney to Prepare breach of contract and claim for damages by H. S. Green, a Report Incorporated. The motion carried 3-0. ADJOLUN,IENT Vice Mayor Hornbuckle declared the meeting adjourned at 1:55 a.m. Mayor of the CityPV Costa Mesa ATTEST: .- -g City---'Cl'erk of the- City -of Cos Mesa