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HomeMy WebLinkAbout12/03/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 3, 1990 The City Council of the City of Costa Mesa, California, met in regular session December 3, 1990, 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 Mayor -,,followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Ken Dutro, Newport Mesa Christian Center. , ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Officials Present: None City Manager Allan Roeder Deputy City Manager/Develop- ment Services Donald Lamm City Attorney Thomas Kathe Public Services Director William Morris City Clerk Eileen Phinney ORDINANCES A motion was made by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Buffa read a proclamation "declaring December 13, Automobile Club Day 1990, as "Automobile Club' of Southern California Day". The Mayor presented'the-document=to Gary Acker, District Manager of the ClW s Costa Mesa_ --Off ice. PRESENTATION Police Captain David Brooks announced that members of Radar Display Board the Traffic Division would make a presentation on a new Radar Display Board. A five-minute video was shown depicting actual use of the radar board on one of the City streets. The equipment flashes the speed at which an approaching vehicle is traveling, and will be used to educate the public on traffic safety. Captain Brooks introduced Lieutenant Kent and Sergeant Winter of the Traffic Division. ANNOUNCEMENT Mayor Buffa .announced that prior to Oral Communications, the new Council would be seated and a Mayor and Vice Mayor selected. GENERAL MUNICIPAL The Clerk announced the results of the General Municipal ELECTION Election held on November 6, 1990, for which there were November 6, 1990 78 Voting Precincts'and 3 Absentee Precincts: Precinct Ballots cast - 22,278 Absentee Ballots cast - 3,768 Total Ballots - 26,046 Persons listed on the ballot to be elected as Members of the City Council were Jay Humphrey, Arlene Schafer, Orville Amburgey, Peter Buffa, and Karen L. McGlinn. Two measures voted upon at the election were Measure "V", Amending the City's Conflict of Interest Code; and Measure "W" (advisory only), regarding continued sale of safe and sane fireworks. 1 Peter Buffa, having received 10,537 votes, and Jay Humphrey, having received 9,149 votes, were elected as Members of the City Council for full terns of four years. Measure "V", to amend the Conflict of Interest Code, having received 17,038 "yes" votes and 5,638 "no" votes, was deemed adopted and ratified. Measure "W" (advisory only), continued sales and discharge of safe and sane fireworks, received 11,925 "yes" votes and 12,081 "no" votes. MOTION ' On motion by Council Member Amburgey, seconded by Resolution 90-86 Council Member Genis, Resolution 90-86, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 6, 1990, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Council Member Council Member Amburgey read a prepared statement in Amburgey's which he urged Council to consider the entire community Comments when making decisions, and commented that there is nothing wrong in supporting the business community. He thanked the citizens for allowing him to serve on the Council for the past four years, and congratulated newly elected Council Member Jay Humphrey. Oaths of Office The Clerk administered Oaths of Office to Council Administered Members Peter Buffa and Jay Humphrey and presented them with Certificates of Election. Mayor Buffa welcomed Jay Humphrey to the Council. He thanked his family for their hard work and the voters for electing him to another four-year term. Nominations for The Clerk called for nominations for office of Mayor. Mayor Council Member Genis nominated Vice Mayor Hornbuckle. Vice Mayor On a vote of 4-1, Council Member Glasgow voting no, Hornbuckle Vice Mayor Hornbuckle was elected Mayor for a two-year Elected Mayor term which will expire in November, 1992. Nominations for Mayor Hornbuckle called for nominations for office of Vice Mayor Vice Mayor. Council Member Buffa nominated Council Member Genis. Council Member On a vote of 4-1, Council Member Glasgow voting no, Genis Elected Council Member Genis was elected Vice Mayor for a two - Vice Mayor year term which will expire in November, 1992. Council Member Humphrey thanked everyone who supported him in the election. ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he COMMUNICATIONS believed the new Council would work together for the good of the entire community. West Side Problems Janice Davidson, 1982 Arnold Avenue, Costa Mesa, dis- agreed with Mr. Soffer's comment. She was concerned that the problems with transients and illegal aliens on the west side would be ignored. Police Commended Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, commended the Police Officers,involved in the search for a missing child on the west side. Performing Arts Mr. Pizarek spoke the Performing Arts Center's Director Center receiving a. salary of $400,000.00 a year, and the large amounts of money the Center spends on special events. Mr. Pizarek commented that City funds should not be given to an organization that can pay its Director such a high salary. Mayor Hornbuckle advised Mr. Pizarek that the City does not grant funds to the Performing Arts Center. Child Care Ernie Feeney, 1154 Dorset Lane, Costa Mesa, stated that Committee after attending a Child Care Committee meeting recently, she became concerned about the committee's intention to participate in legislative matters in Sacramento. Mrs. Feeney read a 1985 City statement detailing the purposes of the.Committee, and pointed out that these regulations only address child care issues within the City of Costa Mesa. Mayor Hornbuckle commented that committees in general will be discussed at a future Study Session. City Council Mark Korando, 582 Park Drive, Costa Mesa, stated that this is the most balanced Council that he has seen in the last 20 years. He urged Council to take a positive role in urging citizens to cooperate for the good of the entire community. Daily Pilot Phil Morello, 592 Hamilton Street, Costa Mesa, found it Allegations appalling that the Daily Pilot Newspaper made unfounded allegations against Council Member Amburgey just prior to the election. He contended that this newspaper has lost all credibility. Shereshevsky Anne Hogan-Shereshevsky, 2152 Elden Avenue, Costa Mesa, Comments wanted to know the exact route of the 55 Freeway exten- sion. She spoke about the need to hold Town Hall meetings, stating that none have been held in the past four years. Ms. Shereshevsky stated that Costa Mesa seniors are anxious to have the Senior Citizens Center which will be constructed at 19th Street and Pomona Avenue. Functions of John Feeney, 1154 Dorset Lane, Costa Mesa, asked about Citizen Committees the functions of citizen committees, and whether the Child Care Committee's involvement with legislative matters is appropriate. Mayor Hornbuckle responded that the committees' roles have not been clearly defined and will be examined at a future Study Session. CONSENT CALENDAR The following items were removed from the Consent Cal- endar: Item 8, Orange County -City Hazardous Material Emergency Response Agreement; and Item 9, Joint Powers Agreement with the Newport -Mesa Unified School District. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the following Reading Folder items were received and processed: 11 Claims Claims received by the City Clerk: Jeffrey Lawrence; and Yen Thi Bich Tran. Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning staff: James W. and Kelli L. License Wedgeworth, doing business as Balloons, Limited, 2052 Newport Boulevard, Suite No. 7. Repeal of SB 2557 Resolution from the City of Garden Grove, supporting to Protect City repeal of Senate Bill 2557 to protect City finances Finances from the State budget process. SET FOR PUBLIC On motion by Council Member Buffa, seconded by Vice HEARING Mayor Genis, and carried 5-0, the following item was set for public hearing on December 17, 1990, at . 6:30 p.m., in the Council Chambers of City Hall: Flood Insurance An ordinance amending Article 17-1/2, Title 13 of the Costa Mesa Municipal Code, to update the Flood Insur- ance Rate Map reference. Environmental Determination: Exempt. WARRANTS On motion by Council Member Buffa, seconded by Vice Mayor Genis, Warrant Resolution 1482, including Payroll 9024, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Warrant 1482 Buffa, Glasgow, Humphrey Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ADMINISTRATIVE A motion was made by Council Member Buffa, seconded by ACTIONS Vice Mayor Genis, to approve the following Budget Adjustments: Budget Adjustments Budget Adjustment No. 91-27 for $4,900.00, to transfer an adequate appropriation for an addendum to the MOTION Environmental Impact Report (EIR) on the North Costa Adjustments 91-27, Mesa Arterial Improvement Study project. 91-29, and 91-38 Approved Budget Adjustment No. 91-29 for $11,000.00, to provide an adequate appropriation to rebuild a green by golf course personnel. Budget Adjustment No. 91-38 for $1,927,245.00, which reappropriates all prior years' unexpended Community Development Block Grant Program balances available on June 30, 1990. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract 14214, Nikolai Tract 14214 Zemtsev, developer, 3854 Valleybrink Road, Los Angeles; Zemtsev two lots, 0.88 -acre, located at 317-321 Avocado Street, for condominium purposes. On motion by Council Member MOTION Buffa, seconded by Vice Mayor Genis, and carried 5-0, Map Approved the map was approved; the Council did accept on behalf of the City the ingress and egress easement for emer- gency and security vehicle purposes as dedicated; did also approve said map pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. Completion of Street'improvements and monument work for Tract 13580, Improvements for located at the southwesterly portion of the 900 block of Tract 13580 by South Coast Drive, have been completed to the satisfac- Arnel Development tion of the Public Services Director by Arnel Develop- ment, 950 South Coast Drive, Suite 200, Costa Mesa. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the improvements were accepted and the Survey Monument Bond was ordered exonerated. The motion car- ried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Public Services requested approval of an Security Land and agreement with Security Land and Right -of -Way Services, Right -of -Way Incorporated, 2894 Gundry Avenue, Suite A, Long Beach, for $31,700.00, to provide real property and right -of - Acquisition Services way acquisition services for construction of cul-de-sacs for Victoria Street and minor improvements in conjunction with the Victoria Widening Street widening. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the agreement was MOTION approved, and the Mayor and Clerk were authorized to Agreement Approved sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Hazardous Material Item 8'on the Consent Calendar was presented: Orange Emergency Response County -City Hazardous Material Emergency Response Authority, emergency response services agreement. The Clerk stated that this item was removed from the Consent Calendar in order to clarify that adoption of a resolution was necessary to approve the emergency response procedure. MOTION On motion by Council Member Buffa, seconded by Vice Resolution 90-87 Mayor Genis, Resolution 90-87, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE, CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING CERTAIN OF ITS EMPLOYEES AT THE SCENE OF A HAZARDOUS MATERIAL EMERGENCY TO EXECUTE AN EMERGENCY SERVICES CONTRACT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None School District At the request of the City Manager, the Joint Powers Agreement Removed Agreement with the Newport -Mesa Unified School District, from Agenda for use of District and City facilities for recreation programs, was removed from the Agenda. ANNOUNCEMENT Mayor Hornbuckle announced that two items would be continued to future meetings: Public Hearing No. 2, annual review of Development Agreement DA -88-02; and Old Business No. l,,ordinance concerning Council Members' attendance at Council meetings. PUBLIC HEARING DA -88-02 On motion by Council Member Buffa, seconded by Vice Arnel Development Mayor Genis, and carried 5-0, the following item was continued to the meeting of December 17, 1990: MOTION Continued to Annual review of Development Agreement DA -88-02, for December 17, 1990 Metro Pointe Development, John F. Biggs, Arnel �1 1 Development Company, 950 South Coast Drive, Suite 200, Costa Mesa, authorized agent for R & A, Parcel 5, and A & R, Parcel 4, for property located in the 900 block (odd numbers) of South Coast Drive in a PDC zone. Environmental Determination: Exempt. OLD BUSINESS On motion by Vice Mayor Genis, seconded by Mayor Buffa, Council Members' and carried 5-0, the following item was continued until Attendance at such time as the City Attorney has reviewed pertinent Council Meetings documents to formulate a new ordinance: MOTION Report and proposed ordinance concerning Council Held Over Members' attendance at Council meetings. PUBLIC HEARING The Clerk announced the public hearing, continued from PA -88-132 the meeting of November 19, 1990, to consider Planning Ziemer - Henry Action PA -88-132, Robert R. "Zeb" Ziemer, Henry N' N' Harry's Goat Harry's Goat Hill Tavern, for renewal of a previously Hill Tavern approved Conditional Use Permit for expansion of an existing bar within 200 feet of residentially zoned property with a variance from parking requirements at 1830 Newport Boulevard, in a C2 zone. Environmental Determination: Exempt. A communication supporting the application was received from American Breweriana Association, Post office Box 11157, Pueblo, Colorado. Communications opposing the request were received from Ken Oberlin, The Ticket Shack, 1820 Newport Boulevard, Costa Mesa; Donna Shafer, 122-A Magnolia Street, Costa Mesa; Dr. John P. Evers, 125 Broadway, Costa Mesa; Sheila Ward, 122-D Magnolia Street, Costa Mesa; and from tenants of the West Bay Apartments, 126 East 18th Street: Karen Thompson and Kitty Lavery, Sheila L. A. Hoffman, Kitty Lavery, and Michelle Huling. Mayor Hornbuckle announced that a request was received from the applicant to disqualify Council Members Buffa and Genis from these hearings, and asked the City Attorney to address that issue. The City Attorney reported that at the request of Vice Mayor Genis, he investigated the request for disqualification, and after reviewing the court cases that deal with bias or motives of council members concerning Conditional Use Permit decisions, it was his opinion that the request for disqualification does not have a clear basis in law. The City Attorney stated that it is well accepted that courts will not and cannot inquire into the motives of council members in reviewing zoning and land use decisions, and it is presumed that council members act in good faith. In addition, the City Attorney stated that the case cited by Mr. Ziemer does not alter this rule, nor does it apply to Conditional Use Permit decisions. Mayor Hornbuckle reported that Judge Francisco F. Firmat imposed two duties on the City Council: (1) To set aside its decision of July 16, 1990; and (2) To afford Mr. Ziemer a new hearing before City Council on the Conditional Use Permit and an opportunity to respond to the Staff Report dated July 13, 1990, and respond to the evidence presented at the City Council meeting held on July 16, 1990. The Mayor stated that after old and new evidence is heard, Council will endeavor to designate which testimony pertains to issues prior to July 16, 1990, and which testimony pertains to issues occurring after July 16. The Deputy City Manager/Development Services presented background data for this application, explaining that the Municipal Code mandates that any bar located within 200 feet of residential property must have a Conditional Use Permit prior to operation of the bar. He reported that the Goat Hill Tavern operated for many years with- out the permit, and when the applicant made a request in 1988 to expand the use, it was a requirement at that time that a Conditional Use Permit be issued for the entire bar in order to bring the bar into conformance with the Code. The Deputy City Manager stated that a permit was issued, extensions were approved, and the permit expired in June, 1990. He pointed out that the issue now is whether to renew the same permit, and to determine conditions to be imposed. He reported that on July 16, 1990, a public hearing was held and Council denied renewal of the permit; on August 6, 1990, the applicant's request for a rehearing was denied; the applicant then requested the Superior Court to make a determination, and the Court directed that the previous decision shall be set aside and a new hearing conducted. The Deputy City Manager advised that this public hearing is a two-step process: (1) Set aside or vacate the decision of July 16, 1990; and (2) Conduct a new hearing considering evidence prior to and after July 16. He referred to staff's memorandum dated November 9, 1990, which contains background information for the period prior to July 16; and staff's memorandum of November 8, 1990, which contains supplemental information for the period from August 5 through November 2, 1990. The Deputy City Manager stated that if Council should renew the permit, staff recommended that the renewal be for a maximum of six months, with the same conditions. Gerhard Ziemer, 258 East 20th Street, Costa Mesa, co-owner of Goat Hill Tavern, stated that his presenta- tion would include the periods prior to and after July 16, 1990. Mr. Ziemer gave reasons for renewing the Conditional Use Permit: (1) the use is compatible with surrounding development; (2) the use is not materially detrimental to the surrounding area; and (3) the use is in accordance with the General Plan. He stated that the problems of littering and noise have been addressed; a competent security guard company has been employed; their record with the Alcoholic Beverage Control (ABC) is perfect; and the overcrowding citation was dismissed in court. Mr. Ziemer compared the police calls involv- ing Goat Hill Tavern to those of eight other establish- ments during a 90 -day period (detailed in Attorney Alan Burns's letter of November 16, 1990), commenting that this police record indicates Goat Hill Tavern is much safer than the establishments he cited. Mr. Ziemer stated that they want to be good neighbors by alleviat- ing problems; however, some noise must be expected by this type of use. He contended that some of the complaints against Goat Hill Tavern are inaccurate and irresponsible, and read from three letters of complaint which he felt contained unfounded information. Mr. Ziemer asserted that some of the complaints should be directed at The Helm, a bar in close proximity to Goat Hill Tavern, since The Helm lacks security and control of its parking lot. In conclusion, Mr. Ziemer referred to a Condition of Approval which may be imposed if the permit were renewed in regard to limiting the hours of operation of the tavern, and contended that California courts have ruled that restrictions which affect the ability of a licensed distributor to sell alcohol are solely under the jurisdiction of the State ABC Board, not local government. Mayor Hornbuckle requested that speakers opposed to granting the permit include answers to two questions: (1) When did the disturbances occur; and (2) How did they know the disturbances came from the Goat Hill Tavern. Sheila Hoffman, West Bay Apartments, 126 East 18th Street, Costa Mesa, submitted the aforementioned letters from West Bay tenants who oppose renewal of the permit. Brian Steel, 520 Alta Vista Way, Laguna Beach, repre- senting bartenders at Goat Hill, spoke about the precautions taken to prevent serving alcoholic beverages to intoxicated persons, and explained the Safe -driver Program in which the tavern participates. Richard Sewell, owner of West Bay Apartments, 136 Rochester Street, Costa Mesa, reported that he drove through the Goat Hill parking lot three times since July, 1990, and described the noise and disturbances at the site. Mr. Sewell stated that because of the late hour, he believed the people he observed were Goat Hill customers. Gary Monahan, 139 Albert Place, Costa Mesa, Manager of Goat Hill Tavern for the past three years, contended that the burden of proof should rest with the accusers, and mentioned that a citation for over -crowding was dismissed. Mr. Monahan mentioned that the lighting in the parking lot needs improvement. Sheila Ward, 122-D Magnola Street, Costa Mesa, stated that the.neighbors would not be here tonight if Mr. Ziemer and his employees had worked with them. She asserted that neither the businesses nor residents of .the area have been contacted by Goat Hill personnel in an attempt to resolve the problem. Ms. Ward reported that from her window, she has observed people leaving Goat Hill Tavern and causing disburbances in the parking lot. Responding to Vice Mayor Genis's question as to whether conditions have improved, Ms. Ward stated that because the tavern's business declines after the tourist season ends, the disturbances have diminished somewhat. J. C. Humphries, 1835 Newport Boulevard, Costa Mesa, owner of two properties on Newport Boulevard near the Goat Hill site, read the letter referenced earlier from his tenant, Kenneth J. Oberlin, The Ticket Shack, 1820 Newport Boulevard, which lists the problems caused by the tavern's patrons. Mr. Humphries was of the opinion that Goat Hill is a nightclub, not a neighborhood bar. John Ryan, 129 Broadway, Costa Mesa, reported on being awakened by bar patrons at 1:00 or 2:00 a.m., and it was difficult to tell from which bar the people came. Mr. Ryan contended that the noise has not decreased in the past few months. He urged Council to abate the nuisance. Michael Davis, 208 Shorebreaker Drive, Laguna Niguel, reported that he has been a patron of Goat Hill Tavern for five years and felt that the noise complaints have been exaggerated. He stated that the tavern's security guards cannot control all disturbances in the area. Mr. Davis commented that when the wall is built at the rear of the parkinglot, it will reduce the noise in the neighborhood. He alleged that it was up to the Council to prove that the tavern's patrons are causing problems. Dom Raciti, 1836 Newport Boulevard, Costa Mesa, former Mayor of Costa Mesa, spoke about the problems he has encountered because of Goat Hill Tavern's customers. He stated that the Council should be considering the welfare of its citizens, rather than the tavern's patrons who come from all over the County. Mr. Raciti urged Council to deny the request for a permit. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that a restaurant/bar has no business being within 200 feet of a residential zone, and contended that the City created the problem. Alan Burns, of Brown, Harper, Burns & Hentschke, 453 South Glassell Street, Orange, Attorney for Mr. Ziemer, stated that the applicant has a vested right to operate unless Council determines that the bar is being operated as a nuisance. He commented that the applicant has spent a great deal of money on improvements, and noted that bars have been operating at this site since 1955. Mr. Burns reported that his client was lead to believe that the City would extend the Conditional Use Permit because he entered into a contract with the City after the permit expired, was induced to spend money on his business to improve the facade and the landscaping; and a Deed of Trust was executed. He mentioned that if Mr. Ziemer defaults, which he will if the City shuts down the business, the City will be in the position of fore- closing on the property. He contended that the City would not be acting in good faith if it terminated the business after inducing Mr. Ziemer to enter into a contract for site improvements. Mr. Burns commented on the money and effort expended by the applicant to solve any problems, including those caused by other establish- ments. He claimed that Newport Boulevard is becoming more commercial and more intense. Mr. Burns commented that a petition in favor of the bar's continued opera- tion contains 1,035 signatures of which 248 are those of Costa Mesa residents, and .the petition represents many more people than those testifying against the request. He believed the applicant's right to operate can only be taken away if the Council can prove there is a compelling public necessity to close the tavern. Mr. Burns felt the evidence was overwhelmingly in favor or Mr. Ziemer, and therefore the Council should approve the permit. RECESS The Mayordeclared a recess at 8:50 p.m., and the meet- ing reconvened at 9:05 p.m. At the request of Council Member Buffa, Police Captain Richard Johnson explained the procedure for responding to police calls. He reported that the goal is to respond in 15 minutes or less. He commented that many times the police arrive at the scene and there are no, signs of a disturbance or accident; in that case, the officer cannot determine whether or not the incident occurred. Gerhard Ziemer commented that security guards remain at the site until all patrons have left. There being no other speakers, the Mayor closed the public hearing. Mayor Hornbuckle asked the City Attorney to address certain statements made by Attorney Burns regarding Mr. Ziemer's vested right to operate. The City Attorney stated that Mr. Burns has attempted to indicate that the City has the burden in this case. He reported that the O'Hagen case which was cited in Mr. Burns's letter dated November 16, 1990, is in error in that the O'Hagen case applied to an existing, effective Conditional Use Permit, and there was a need to show a compelling cause or necessity to revoke that existing permit; however, in the subject matter, Mr. Burns and the applicant are seeking renewal of a permit for which the standards are much different, and the burden is on the applicant. The City Attorney addressed two additional legal issues: hours of operation mentioned by Mr. Ziemer, and the contract to which Mr. Burns referred. In regard to hours of operation, the City Attorney reported that his research indicates that based on a zoning authority, a land use decision, or a land use -oriented finding, the Council is not preempted from limiting the hours of operation of a business. Regarding the contract which concerns a redevelopment loan, the City Attorney stated that the City cannot contract away its police powers; therefore, any indication that the City has in some way created a vested right by loaning funds to Mr. Ziemer to rehabilitate the subject property is without merit. MOTION Decision of On motion by Council Member Buffa, seconded by Council July 16, 1990, Member Humphrey, and carried 5-0, the decision made by was Set Aside Council on July 16, 1990, was set aside. MOTION A motion was made by Council Member Buffa, seconded by PA -88-132 Denied Vice Mayor Genis, to deny renewal of the Conditional Use Permit (PA -88-132) in consideration of the evidence presented this evening and to those events occurring before and after July 16, 1990, and based on the find- ings and data contained in staff's memorandums dated November 8 and 9, 1990. Council Member Buffa explained that his motion is based on his not having seen any extraordinary effort to correct the problems which this operation has caused. He felt this was the wrong type of business for this locat- ion and pointed out that the petition submitted by the applicant contained signatures of people from many other cities, which substantiates his contention that Goat Hill is no longer a neighborhood bar. Vice Mayor Genis stated that the evidence shows that problems still exist, and Mr. Ziemer admitted there is a certain amount of noise that is an unavoidable fact with this type of business. Council Member Humphrey stated that he would support the motion, commenting that the security guards should have known whose customers were causing the problems. Mayor Hornbuckle was of the opinion that Mr. Ziemer was attempting to be a good neighbor; however, the increased clientele attracted to the business makes it more of a nightclub, rather than a neighborhood bar. The motion to deny renewal of the permit carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place set Park Dedication and for the public hearing to consider Park Dedication and In -lieu Fee Study In -lieu Fees: Review of the City's park dedication and in -lieu fee study which documents the impact of certain new resi- dential developments on the City's park and recreation system, and identifies an appropriate impact fee to levy against new developments creating the impacts. Resolution finding and determining the population density standard for single- and multiple -family dwelling units, and amending the current in -lieu impact fee for acquisition of park land within the City. The Affidavit of Publication is on file in the Clerk's office. A communication was received from Christine D. Reed, Executive Director, Orange County Region of the Building Industry Association of Southern California, Incorpor- ated, 2001 East Fourth Street, Suite 224, Santa Ana, requesting a continuance of this item because there has not been sufficient time for public discussion of the proposal. A communication was received from Colm Macken, Vice President of Development, Curci-England, by Transpacific Development Company,, 2377 Crenshaw Boulevard, Suite 300, Torrance, requesting additional time to study the fee and backup calculations. Mayor Hornbuckle stated that in view of the requests for additional time to study the fees, the public hearing will be continued; however, anyone wishing to speak at this meeting was welcome to do so. Kerry Smith, Harbinger Homes, 375 Promontory Drive West, Newport Beach, reported that he will be constructing a six -home project on a site containing ten units which will be demolished; ,therefore, he should be given a credit allowance. Mayor Hornbuckle suggested that Mr. Smith discuss this issue with the Deputy City Manager/ Development Services. Ed Briggs, Briggs Development, 23046 Avenida De La Carlota, Laguna Hills, was shocked at the proposed increase in fees, stating that these additional costs would be devastating to small builders. Mr. Briggs contended that there were plenty of parks in Costa Mesa; therefore, park fees should not be raised unless a ,shortage exists and the City intends to buy additional park land. He also addressed the issue of credits not being included in the proposed resolution. Mayor Hornbuckle recommended that Mr. Briggs discuss his concerns.with the Deputy City Manager. Jan Luymes, 592 Park Drive, Costa Mesa, stated that there has been a substantial increase in the City's population since 1980 and increased density requires adequate park land. She requested a copy of the Policies, Goals, and Objectives in the preliminary General Plan Update relating to open space. Pete Chavez, 3033 Garfield Avenue, complained about the owner of property at 3029 Garfield Avenue who, after adding a second story to his house, now has nine bed- rooms of which seven are occupied by nonfamily members. Mr. Chavez reported that another addition is being made to that house, and felt these additions were not appro- priate in a residential zone. Mayor Hornbuckle advised Mr. Chavez to contact the Deputy City Manager. 7 1 1 Sid Soffer, 900 Arbor Street, Costa Mesa, asserted that park fees must be -spent in the area from which they were collected. He stated that park fees will be paid by home buyers, not developers. Vice Mayor Genis requested that staff address several issues when this item comes back to Council: credit for existing units; update on census data; and amending the City's ordinance to provide exemptions for low -income - housing; however, she did not want to delay adjusting park fees until an ordinance is adopted. The Vice Mayor also requested staff to contact the appraiser to deter- mine whether appraisals are still current; to provide data on funds available for payments on Fairview Park; and to provide information on purchase of available school sites. Lastly, Vice Mayor Genis requested the City Attorney to provide data on whether Council has any choice in raising park fees since the in -lieu fee is supposed to reflect average market value. Council Member Buffa suggested that staff interact with property owners and developers, even to the extent of scheduling a half-day workshop, in order to obtain as much input as possible. Mayor Hornbuckle suggested the possibility of giving relief from park fees for low- and moderate -income housing. She also suggested adding park fees for apartments. MOTION On motion by Council Member Buffa, seconded by Vice Continued to Mayor Genis, and carried 5-0, the public hearing was January 21, 1991 continued to January 21, 1991. PUBLIC HEARING The Clerk announced that this was the time and place set Vacation of Surplus for the public hearing to consider vacation of a public Right -of -Way at street at the southeast corner of Newport Boulevard and Newport and 17th old 17th Street, and to declare the City's intention to dispose of said surplus real property. The Affidavits of Posting and Publishing are on file in the Clerk's off ice . A communication was received from Mike Isaacs, agent for Realonomics Corporation, 3500 East Coast Highway, Corona del Mar, representing the owner of the Taco Bell prop- erty at the southeast corner of Newport Boulevard and East 17th Street, supporting staff's recommendation to enter into negotiations for sale of the subject property. The Public Services Director summarized his memorandum of November 21, 1990, which recommends vacating the public street, declaring the property surplus, direct- ing staff to obtain an appraisal, and directing staff to enter into negotiations with the adjacent property owner for exclusive sale of the property based on the fair market value. The Director reported that all property owners within 300 feet of the site were noti- fied of the public hearing. Jin S. Kim, representing the Wienerschnitzel, 1696 Newport Boulevard, Costa Mesa, felt that the adjacent property owner should not be given a priority to purchase the land, and that the property should be auctioned. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that if more than one person is interested in purchasing the property, the City must go through the bid process. Frank Cole, 2482 Fairview Way, Costa Mesa, wanted to know why the City was selling the property. He recom- mended keeping the land and planting trees to beautify that area. Mr. Cole suggested continuing this item until the park fee issue is resolved. Gene Scarcello, owner of properties at 1696 Newport Boulevard (southeast corner of Newport Boulevard and old 17th Street) and at the northeast corner of Newport Boulevard and 17th Street, spoke in support of staff's recommendations which would allow him to purchase the property based on fair market value. 1 LJ Betty Jean Beecher, 200 Magnolia Street, Costa Mesa, Treasurer of Costa Mesa Tomorrow, advised Council that many years ago, the subject property was known as Tear- drop Park. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Genis, seconded by Resolutions 90-88 Council Member Humphrey, adopting Resolution 90-88, and 90-89 Adopted; A RESOLUTION OF THE,CITY COUNCIL OF THE CITY OF COSTA Staff Directed to MESA, CALIFORNIA, ORDERING THE VACATION OF A PUBLIC Obtain an Appraisal STREET IN THE AREA LOCATED AT THE SOUTHEAST CORNER OF and Proceed with NEWPORT BOULEVARD AND OLD 17TH STREET; adopting Resolu- the Bidding Process tion 90-89, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING THAT PROPERTY AT THE SOUTHEAST CORNER OF NEWPORT BOULEVARD AND OLD 17TH STREET IS SURPLUS PROPERTY AND DECLARING ITS INTENTION TO DISPOSE OF SAID SURPLUS REAL PROPERTY; directing staff to obtain an appraisal and to proceed with the bidding process for sale of the surplus land. The motion'carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of October 1, 1990, Pushcart a report and proposed ordinance regulating pushcart Regulations vendors operating within the City. The City Attorney reviewed his Report No. 90-28C dated November 29, 1990, and pointed out that pursuant to Council's direction at the meeting of October 1, 1990, the revised ordinance requires evidence of an Orange County health permit; requires a picture identification card to be worn by the vendor; includes an exemption for charitable fund-raising purposes; and a provision for impounding vending vehicles operating without a valid permit and disposing of the food and beverages. Vice Mayor Genis stated that Section 9-191.2 appears to ban sales of any product on any street, parkway, side- walk, or unenclosed area open to the public in any manner except from a pushcart, which would ban ice cream trucks, food trucks', and flower stands; in other words, the ordinance would ban anything except a regular store or pushcart. She felt this wording should be clarified. In addition, Vice Mayor Genis suggested amending the section relating to health permits to indicate that a current health permit would be required of all vendors of food or similar products. The City Attorney stated that deleting the words, "portable box, stand, bag or similar container" in Section 9-191.2 would obtain the result requested by Vice Mayor Genis. 1 LJ Council Member Buffa commented that this ordinance was brought forward to address food vendors selling from pushcarts, and his main concern was the issue of food products being safe to consume. The City Attorney answered questions from the Council and stated that Section 9-191.2 would be amended as suggested by the Vice Mayor. Vice Mayor Genis asked about the need for vendors to wear uniforms as shown in Section 9-191-13(e). The City Attorney responded that the uniform requirement was simply to put in some identification procedures so the public would know the person was a pushcart vendor. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, commented that the main concern of the residents is the health issue, and mentioned that since there are plenty of stores, pushcart vendors are not needed. Jean Ensign, 3037 Garfield Avenue, Costa Mesa, stated that uniforms have been used to gain entrance into homes, and it may not be a good idea to require them. During discussion, Council agreed that the requirement for uniforms should be deleted. The City Attorney mentioned that Section 9-191.4(9)(v) of the ordinance requires a current health permit from Orange County for operation of pushcarts, and addresses three issues: (1) the pushcart must meet certain sanitary require- ments; (2) preparation of the food must meet certain standards; and (3) the vendor cannot have been prose- cuted in the past for spoilage. Mayor Hornbuckle commented that Vice Mayor Genis's concern was that the ordinance specify health permits for food -vending pushcarts as opposed to any other products. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, wanted assurance that having a County health permit would prevent sale of spoiled food. At the request of the Mayor, the City Attorney stated that he would contact the County Health Department to obtain data on safety of food sold from pushcarts. MOTION On motion by Vice Mayor Genis, seconded by Council Directed City Member Buffa, and carried 5-0, the City Attorney was Attorney to Amend directed to amend the ordinance by incorporating the the Proposed changes discussed, including deletion of the uniform Ordinance requirement and clarification of the health permit, and to bring it back for first reading. NEW BUSINESS The Clerk presented a request to appoint four members to Appointments to the Cable Television Committee as referenced in the City Cable TV Committee Manager's memorandum dated November 27, 1990. MOTION A motion was made by Vice Mayor Genis, seconded by Members Appointed Council Member Humphrey, appointing Charles Beck, Robert Lengtat, John Nicholas, and Cecil Whitcomb to the committee. The motion carried 4-1, Council Member Glasgow voting no. NEW BUSINESS The Clerk presented a recommendation from the Cable Allocation of Cable Television Committee concerning allocation of cable TV Grant Funds television grant funds. The City Manager referred to the committee's memorandum dated November 19, 1990, which contains recommendations for allocation of grants for the application period of September 1 through October 1, 1990, for a total of $26,285.37. MOTION On motion by Council Member Buffa, seconded by Council Allocations Member Humphrey, the allocations recommended by the Approved Cable Television Committee were approved by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a request to temporarily modify Military Leave existing military leave provisions in the Personnel Rules and Regulations. The City Manager referenced the memorandum from the Personnel Services Director dated November 28, 1990, which stipulates that the modification is proposed as a temporary exception solely for the current Persian Gulf crisis, and the City's coverage in all cases is considered "secondary" to the military's medical program. MOTION A motion was made by Council Member Buffa, seconded by Approved Vice Mayor Genis, and carried 5-0, approving continued Continuation of health benefits for employees involuntarily called to Health Benefits active duty in the military, which would become effec- tive on the 31st calendar day of an employee's military leave and continue until the employee returns to his/her employment with the City. NEW BUSINESS The Clerk presented a report on the Employee Rideshare Rideshare Incentive Program. Program The Public Services Director summarized his memorandum dated November 21, 1990, which recommends approval of the South Coast Air Quality Management District (AQMD) Rideshare Plan. MOTION A motion was made by Council Member Humphrey, seconded Approved AQMD by Vice Mayor Genis, and carried 5-0, approving the Plan; Authorized AQMD Plan as submitted by staff, and authorizing incen- Incentive Payments tive payments to employees who participate in the program._ NEW BUSINESS The Clerk presented a policy providing for free adver- Free Advertising tising space in the Community Services Department's in the Community quarterly Recreation Brochure for nonprofit organiza- Services Brochure tions based in Costa Mesa. The City Manager referred to a report from the Community Services Director dated November 26, 1990, recommending establishment of a policy for local nonprofit organiza- tions to use surplus space in the Recreation Brochure. Council Member Buffa suggested continuing this item for 30 days in order to obtain more defined details for this policy, such as the types of organizations which have advertised in the past, the number of requests received in a one-year period, etc. He felt obtaining a history of this policy from Community Services would be helpful. MOTION On motion by Council Member Buffa, seconded by Vice Continued to Mayor Genis, and carried 4-1, Council Member Glasgow January 7, 1991 voting no, this item was continued to the meeting of January 7, 1991, and staff was directed to provide additional data at that time. L s NEW BUSINESS The Clerk presented the Independent Cities Risk Manage - Risk Management ment Association (ICRMA) final agreements. Agreements The City Attorney recommended adopting the resolution authorizing execution of the ICRMA agreements as out- lined in the Risk Manager's memorandum of November 28, 1990. He noted that Council must appoint a representa- tive and alternate to the Governing Board and to the Provider's Liability Risk Management Committee. MOTION On motion by Council Member Buffa, seconded by Vice Resolution 90-90 Mayor Genis, Resolution 90-90, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZ- ING AND APPROVING THE CITY'S ADMITTANCE TO MEMBERSHIP WITH CERTAIN OTHER CITIES IN THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY, AUTHORIZING EXECUTION AND DELIVERY OF AN AMENDED LIABILITY RISK COVERAGE AGREEMENT AND TRUST AGREEMENT, APPOINTING REPRESENTATIVES TO THE ICRMA GOVERNING BOARD AND TO THE LIABILITY RISK MANAGEMENT COMMITTEE, DELEGATING CERTAIN FUNCTIONS UNDER SUCH AGREEMENTS TO THE CITY'S REPRESENTATIVES ON THE ICRMA GOVERNING BOARD, AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis Buffa, Glasgow, Humphrey NOES: COUNCIL. MEMBERS: None ABSENT: COUNCIL MEMBERS: None Mayor Volunteered to be City's Mayor Hornbuckle volunteered -to be the City's represen- Representative tative on the previously -,mentioned Board and Committee. MOTION On motion by Council Member Buffa, seconded by Vice Risk Manager Mayor Genis, and carried 5-0, the City's Risk Manager, Appointed as Edward Raya, was appointed_as"the City's alternate Alternate representative on the Board and Committee. CITY ATTORNEY Mayor Hornbuckle announced that the two items under City REPORTS Attorney Reports would be discussed in closed session Referred to after completion of Council Members Comments: Orange Closed Session County Superior Court Case No. 60-23-09, David McCoy vs. City of Costa Mesa; and discussion on personnel matters concerning release of public records by the District Attorney's office. COUNCIL MEMBERS COMMENTS Council Member Humphrey stated that it was a pleasure to have participated in his first Council meeting, and he Council Member thanked his family for their support during the elec- Humphrey's Comment tion. North Costa Mesa Vice Mayor Genis referred to the Budget Adjustment on Arterial Study the Consent Calendar concerning the North Costa Mesa Arterial Improvement Study, and asked staff to provide a report on the status of this project as far as the amount of studying which has been done, and the amount of money being spent for this Study. Purchase of Vice Mayor Genis reported that the Newport -Mesa Unified Harper School School District is contemplating disposal of the Harper Site School site, and suggested that this may be an oppor- tunity for the City to lease or purchase the site. The City Manager commented that staff has been assigned to attend the District's public hearings on disposition of school sites. Council Member Council Member Glasgow read a prepared statement about Glasgow's Statement the removal of computer messages from the Police Depart - Regarding Computer ment. He stated that Retired Police Lieutenant Regan Messages was legally entitled to monitor the police computer `14a system,,and it was not wrong for him to bring these messages to the attention of a Council Member. He announced that if any citizen or group of citizens, except the news media, wanted more information, he would be happy to meet with them to discuss the matter in more detail. ADJOURNMENT TO At 11:10 p.m., Mayor Hornbuckle adjourned the meeting to CLOSED SESSION a closed session in the first floor Conference Room to discuss the following items: McCoy Lawsuit Orange County Superior Court Case No. 60-23-09, David McCoy vs. City of -Costa Mesa; and Personnel Matters Personnel matters regarding release of public records by the District Attorney's office. REGULAR MEETING At 11:50 p.m., Mayor Hornbuckle reconvened the regular RECONVENED meeting Directed that The City Attorney announced that Council directed him McCoy Appeal to withdraw the appeal filed by the City regarding the be Withdrawn David McCoy lawsuit. ADJOURNMENT The Mayor declared the meeting adjourned at 11:55 p.m. Mayor co the City of Costa Mesa ATTEST: -- G1 City Clerk' of the .City of CostVlesa