Loading...
07-25-1995 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA July 25, 1995 The City Council of the City of Orange, California convened on July 25, 1995 at 4:30 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 4:30 P.M, SESSION 1. OPENING 1,1 PLEDGE OF ALLEGIANCE TO THE FLAG Given by Mayor Joanne Coontz 1,2 ROLL CALL PRESENT - Murphy, Mayor Coontz, Spurgeon, Slater ABSENT - Barrera NOTE: Mayor pro tem Barrera arrived at 4:40 p.m.1,3 APPROVAL OF MINUTES Regular Meeting, July 11, 1995 MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Mayor Coontz, Spurgeon, Slater ABSENT - Barrera ACTION: Approved.1. 4 PRESENTA TIONS/ ANNOUNCEMENTS/ INTRODUCTIONS 1.5 PROCLAMATIONSProclamation honoring Senior Services Agencies Open House Week was presented to Keith Regan, Executive Director ofthe Senior Citizens Center.2,CONSENT CALENDAR TAPE 129 2. 1 Declaration of Deputy City Clerk, Cassandra J. Cathcart, declaring posting of City Council agenda of a regular meeting of July 25, 1995 at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Clerk.PAGE 1 CITY COUNCIL MINUTES July 25, 1995 2. CONSENT CALENDAR (Continued) 2.2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands. ACTION: Approved. 2.3 Request Council approve audit contract services with Ernst and Young for the City and Redevelopment Agency in an amount not to exceed $75,000.00. (Continued from 6- 27 and 7-11-95,) (A2100. 0.Agr.2423)FISCAL IMPACT: Funds are available in Account No. 100-1201- 426300 (Audit and Auditing Services).ACTION: Continued to August 8, 1995 in order to provide Staff time to complete information requested by Council.2.4 CLAIMS FOR DAMAGES FROM: ( C3200.0)a. Ron Johnsen FISCAL IMPACT: None.ACTION: Denied claim and referred to City Attorney and Adjuster.2.5 Request to award contract for the installation of traffic striping, pavement markings and raised pavement markers at various locations, Bid No. 945-33. (A2100.0.Agr.2436)Low Bid - $93,500.00, Paving Contractors, Inc., 1105 E. Hill St., Long Beach, CA 90806 FISCAL IMP ACT: Funds are budgeted in FY 95/ 96 through Traffic Safety/ Contractual Services Account No. 100-5032-427100.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City, and reject all other bids.2.6 Request to award contract for the modification of the traffic signal and safety lighting at the intersection of Glassell St. and LaVeta Ave., Bid No. 945-34. (A2100.0.Agr.2437)Low Bid - $11,288.00, Superior Signal Service Corp., 7224 Scout Ave., Bell Gardens,CA 90201 FISCAL IMPACT: Appropriation of$l1,OOO from special funds cash reserve will be reimbursed from the Federal Hazard Elimination Safety (lIES) Program. $288. is available in existing Traffic Safety/Contractual Services Account No. 100-5032- CITY COUNCIL MINUTES July 25, 1995 2. CONSENT CALENDAR (Continued) ACTION: Authorized Mayor and City Clerk to execute on behalf of City, and reject all other bids. 2.7 RESOLUTION NO. 8498 A Resolution of the City Council of the City of Orange finally accepting the completion ofa certain Public Work and improvement; Bid No. 945- 20; Ivanco, Inc.; Cully Drive sewer from Batavia Street to 1185' east. A2100.0.Agr.2357) Final cost: $107,659.00 ACTION: Adopted Resolution No. 8498, accepting the sewer improvements and authorizing the filing of a Notice of Completion and Acceptance. 2.8 RESOLUTION NO. 8501 A Resolution of the City Council of the City of Orange finally accepting the completion of a certain Public Work and improvement. (A2100.0.Agr.2345) Bid No. 945-13; Steve Casada Construction Co. water mains for Century Ave. from Jameson Street to Lincoln Street, Orange Street from Palmyra Avenue to La Veta Avenue and Olive Street from Culver Avenue to La Veta Avenue.Final cost: $106,886. 00 ACTION: Adopt Resolution No. 8501, accepting the water main improvements and authorizing the filing of a Notice of Completion and Acceptance.2.9 Request Council approve authorization to list for sale at auction, with LFC Marketing Services Inc., the vacant lot located on the south side of Santiago Canyon road across from Hunters Way and execute any documents for completion of the sale. (p2500.0. 1)FISCAL IMP ACT: There is a fee of one percent of the price which must be paid to the County for participation in the auction whether or not the property is sold. Staff is proposing that this amount be appropriated from Capital Improvement FundNo.'s 550-5011-483300-3014-00217 - $1,000.00 and 272-5011-483300- 3014 - $1,000.00 to Contractual Services Fund Account # 100-5011-426700-0000 and reimbursed from the proceeds of the sale of the property.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.10 Request Council approval of Agreement D94-125 with the Van Daele Development Company and the Orange County Flood Control District for maintenance of Santiago Creek primary channel and indemnifYing the County CITY COUNCIL MINUTES July 25, 1995 2. CONSENT CALENDAR (Continued) FISCAL IMPACT: Maintenance of the open space will be financed under provisions of Landscape Maintenance District 95- 1.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.2.11 Request Council approve a contract with Frank Page to provide consultant services to the City for the Eastern Transportation Corridor in an amount not to exceed $8,000. 00.A2100.0 Agr 2325. 2)FISCAL IMP ACT: Funds are budgeted in the 95-96 fiscal year in Measure "M" Funds in Account No. 262-5001-426700.ACTION: Authorized Mayor and City Clerk to execute on behalf of the City.REMOVED AND HEARD SEP ARATEL Y)2. 12 RESOLUTION NO. 8505 A Resolution of the City Council of the City of Orange extending the effective date of Resolution No. 8362 and amendments thereto relating to the classification, compensation,and terms of employment of designated Management, Staff Management, and Labor Confidential employees to February 29, 1996, and further modifying said resolution asdescribed herein. ( C2500.J.4.1)Barbara DeNiro, 1118 E. Adams, asked if these figures include benefit packages and perks on Items 2. 12 through 2.17?The Interim Personnel Director indicated the answer was yes and reported the terms and conditions extend prior salaries terms, conditions of employment and benefits an additional eight months; other provisions are provided.MOTION - Barrera SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved.REMOVED AND HEARD SEPARATELY)2.13 RESOLUTION NO. 8506 A Resolution of the City Council of the City of Orange extending the effective date of Resolution No. 8361 and amendments thereto relating to the classification, compensation,and terms of employment for Miscellaneous Employees of the City of Orange to February 29, 1996, and further modifying said Resolution as described herein. (C2500.J.4. 7)ACTION: Approved. (See item 2.12 for vote count and discussion.)PAGE CITY COUNCIL MINUTES July 25, 1995 2. CONSENT CALENDAR (Continued) REMOVED AND HEARD SEP ARATEL Y) 2.14 Letter of Understanding between the City of Orange and the Orange Municipal Employees' Association. (C2500.J.4.1.1) ACTION: Approved. (See Item 2.12 for vote count and discussion.) REMOVED AND HEARD SEP ARATEL Y) 2.15 Letter of Understanding between the City of Orange and the Water Department Employees' Association. (C2500.J.4.4.1) ACTION: Approved. (See item 2.12 for vote count and discussion.) REMOVED AND HEARD SEPARATELY) 2.16 Letter of Understanding between the City of Orange and the Operations and Maintenance Unit represented by the Service Employees' International Union, Local 787. C2500.J.4.4) ACTION: Approved. (See Item 2.12 for vote count and discussion.) REMOVED AND HEARD SEP ARATEL Y) 2.17 Letter of Understanding between the City of Orange and the Orange Management Association. (C2500J.4.1) ACTION: Approved. (See Item 2.12 for vote count and discussion.) 2.18 RESOLUTION NO. 8499 A Resolution of the City Council of the City of Orange approving a Custodial Agreement with First Interstate Bank of California and authorizing certain City officials to execute the agreement and documents related thereto. (A2100.0.Agr.2439) MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Items 2.12 through 2.17 were removed and heard separately; all other items on the Consent Calendar were approved as recommended.URGENT ITEM ADDED TO CONSENT CALENDAR MOTION - Murphy SECOND - Spurgeon AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved that the need to address this item 2.19 arose after the posting of the Agenda.PAGE 5 I CITY COUNCIL MINUTES July 25, 1995 2. CONSENT CALENDAR (Continued) 2.19. Request Council consider a special promotion chairty fund-raiser to be held at Regal Lanes on July 29, 1995. (p1300. 9)MOTION - Spurgeon SECOND - Murphy AYES - Murphy, Barrera, Mayor Coontz, Spurgeon, Slater ACTION: Approved. END OF CONSENT CALENDAR 3, REPORTS FROM MAYOR COONTZ - None 4, REPORTS FROM COUNCILMEMBERS - None 5, REPORTS FROM BOARDS, COMMmEES, AND COMMISSIONS - None 6,ADMINISTRATIVE REPORTS TAPE 234 6,1 Report from the Director of Public Works concerning proposed changes to the Traffic Commission Review Process, (OR1800, O.19)The Director of Public Works reported certain actions such as speed zones and truck routes must be adopted by the City Council. Studies or requests that involve significant geographical areas or neighborhoods that will have a high level of interest, it is recommended that these items be referred to Council for review and discussion. An appeal process is also recommended, and that the appeal be in writing. Where Traffic Commission recommendations would involve the commitment of city funds not budgeted at the present time, items would go before Council for review and approval of financial consideration. Council would also have the ability to call up any item they wish from the Traffic Commission level whether it would normally go before Council or not.Mayor Coontz recognized the following people who spoke in favor:Bob Bennyhoff, 10642 Morada Dr. Barbara De Niro, 1118 E. Adams, asked how would a person find out what action is taken at the Traffic Commission meetings.The Director of Public Works indicated a summary of the Traffic Commission actions could be transmitted to Council and other interested citizens.MOTION SECOND AYES Slater Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater PAGE 6 1---- CITY COUNCIL MINUTES July 25, 1995 6. ADMINISTRATIVE REPORTS (Continued) Moved to approve modification of the City Traffic commission procedures and direct the City Attorney to revise the Orange Municipal Code, Title 10, Vehicles in Traffic accordingly, and set the Municipal Code Amendment for first reading. Also, to include the Traffic Commission summary of action report. 6.2 Report on Orange County Investment Pool,TAPE 445 The City Manager reported $292,000 of interest monies was received from the Orange County Pool. However, the investment pool is still a moving target and no one has any idea where the 20% stands nor does anyone else. Mayor Coontz commented she had attended a meeting ten days ago at the City of Tustin sponsored by the League of California Cities regarding reorganization of the County. However, many people wanted to discuss the pool and how the cities could renig on what the County owed them. Mayor Coontz commented an agreement was signed that the monies owed would be returned and this should be expected and not give up. Over the past years the State has taken away money from the City every year since 1991 at a yearly average of $5,000,000. The question is how much will the State or County take away. It is estimated to be $8,000,000. The cities have downsized over the past years which the County could emulate and Orange continues to look for efficiency and at the same time provide good services. 6,3 Treasurer's Report for June, 1995, (C2500,F)TAPE 556 MOTION SECOND AYES Slater Mayor Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to receive and file the Treasurer's report. Council recommended that the issue of the Joint Powers Authority be referred to the Investment Advisory Committee for further advice and recommendation.7. REPORTS FROM CITY MANAGER - None 8, LEGAL AFFAIRS - None 9, RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY 10, ORAL PRESENTATIONS Carole Walters, 534 N. Shaffer St., commented No Parking on Street Sweeping Days, between 7:00 a.m. and 11:00 p.m. signs were posted on Shaffer Street. Where will people park that have business with Orange High School during these hours. Mrs. Walters suggested the hours be changed to an earlier time. Chapman University has this arrangement.The Director of Public Works commented he would investigate the situation.PAGE 7 CITY COUNCIL MINUTES July 25, 1995 10, ORAL PRESENTATIONS (Continued) Mrs. Walters further commented that on August 7th Chapman University was to go before the Planning Cormnission regarding a parking lot located on Orange Street on the west side. Chapman University cancelled. Jim Beam was called but he was out of town. Mrs. Walters indicated Chapman University has not had a community meeting since May. The Director of Community Development reported the application was filed by Chapman University to convert the area to a parking facility. It was originally scheduled for a Planning Cormnission hearing on August 7th however they are on hold with no future date. There is no finalized plan. The Director of Community Development felt confident Chapman University would have a community meeting to further discuss their plans before the Planning Cormnission occurs. Mayor Coontz suggested Mrs. Walters put her questions in writing to Chapman University. Larry Rhinehart, 21865 E. Copley Dr., Diamond Bar, spoke on the Air Quality Management District's expanded local government outreach effort and distributed an informational packet. 11, RECESS MOTION SECOND AYES Murphy Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council recessed at 5:50 p.m. to a Closed Session for the following purposes:a, Conference with Legal Counsel - existing litigation pursuant to Government Code Section 54956.9(a): City of Orange vs, James Daum, et aI., Orange County Superior Court Case No. 73-86-30 b. Conference with Labor Negotiator pursuant to Government Code Section 54957.6:City Negotiator: Acting Personnel Director.Employee Organization: Ail Employee Organizations (List Available in Personnel Office).c, To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session.The City Council recessed at 6:30 p.m. to the 7:00 p.m. Session.PAGE 8 CITY COUNCIL MINUTES July 25, 1995 7:00 P.M, SESSION 12, INVOCATION Dr. Carol Orcutt, First Church of Christ Scientist 12,1 PLEDGE OF ALLEGIANCE TO THE FLAG Given by Mayor Joanne Coontz 12,2 ANNOUNCEMENTS - None 12. 3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS - None 13.REPORTS FROM CITY MANAGER TAPE 2568 13.1 PROPOSED SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM:Report from the City Manager on the proposed Seven Year Capital Improvement Program and adoption of appropriations for the CIP Fiscal Year 1995/96 projects (continued from June 27,1995 Fiscal Year Budget Public Hearing). (C2500.J. I.l)The Revenue Managerreported included in this report are the first year projects which are recommended to be included in the 1995/96 Budget. The Planning Commission has reviewed the document and found all the projects to be in conformity with the General Plan except for one out-year project which was recommended to not expend funds until that project comes into complete conformity with the General Plan. There are no Redevelopment funded projects in this project list.Mayor Coontz recognized the following speaker:Barbara DeNiro, 11 18 E. Adams, who asked the following questions:Does this document include TSIP and other funds?The City Manager indicated yes it does.Page I I, Traffic Signal, Tustin! Adams/Quincy Streets, ProjectDescription - this project provides for installation of pedestrian signals at Tustin! Adams/Quincy - what does this mean?The Director of Public Works responded this project is for the installation ofa traffic signal at the Post Office entrance at Quincy and Tustin involving the removal of the existing pedestrian flashers. The second part of this subject involving funding for modifications that might be necessary for the Post Office parking lot is located in another section of the document.PAGE 9 1- CITY COUNCIL MINUTES 13. REPORTS FROM CITY MANAGER (Continued) July 25, 1995 Mayor Coontz indicated the wording was confusing; people thought the signal would be at Adams Street, but this is incorrect with no proposed signal at Adams Street. Page 15, parking lot wordage - "This project will construct a parking lot at the Main Post Office at Tustin in conjunction with adjacent signal" - does this mean reconstruct?The Director of Public Works reported this project would involve significant changes to the parking lot in grading and layout to accommodate the signal and improve the traffic circulation.However, it is hopeful the amount of reconstruction can be reduced and still achieve the improved circulation and traffic signal installation. These changes are for the front area parking lot only.Mayor Coontz indicated the rear area of the Post Office cannot be used for parking because of security reasons. This may not involve a signal, but will there be diverters?The director of Public Works indicated diverters were not part of this project proposal. It was proposed, once the signal was constructed and in place with traffic patterns established, to revisit the area with a study to find out what changes have taken place.MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to approve the Seven Year Capital Improvement Program.MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to accept the finding of the Planning Commission that the Seven Year Capital Improvement Program is consistent with the General Plan, except as specifically noted.MOTION SECOND AYES Spurgeon Barrera Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to direct that no funds be expended on inconsistent projects prior to amending the General Plan to ensure consistency.MOTION SECOND AYES Spurgeon Mayor Coontz Murphy, Barrera, Mayor Coontz, Spurgeon, Slater Moved to appropriate funds for 1995/96 Capital Improvement Projects.PAGE 10 CITY COUNCIL MINUTES 14. PUBLIC HEARINGS July 25, 1995 TAPE 2820 14,1 APPEAL NO. 425, CONDITIONAL USE PERMIT 2103-95, SUEDE BILLIARD/RESTAURANT, MEHDI RAFATY: (A4000. 0)Time set for a public hearing to consider Conditional Use Permit 2103-95 which was denied by the Planning Commission on April 3, 1995 and appealed to the City Council. Conditional Use Permit 2103-95 is a request to modifY a previously approved Conditional Use Permit (CUP 2012-93) to allow dancing and live music entertainment as an accessory use toan existing billiard/restaurant facility upon property located at 1988 North Tustin Street.NOTE: This project is categorically exempt from California Environmental Quality Act (CEQA)per State CEQA Guidelines Section 15301.APPELLANT STATES THE FOLLOWING REASONS FOR THE APPEAL:It is our belief that the Planning Commission was not completely informed of all the facts."MAYOR COONTZ OPENED THE PUBLIC HEARING.The Director of Community Development reviewed the past history. Conditional Use Permit 2108-95 will allow live entertainment and dancing within the business, and the adding of the stage and dance floor area. The number of billiard tables within the business is proposed to be reduced from 10 to 8 to allow for the additional uses to occur. The hours proposed are 5:00 p. m. to 2:00 a.m. on Monday through Wednesday, 12 Noon to 2:00 a.m. on Thursday through Saturday. The applicant is also proposing to provide valet parking for scheduled events having over 150 patrons.The Planning Commission, at their hearing, considered a six month approval after that time it be brought back to the Planning Commission for a second hearing to make sure there no problems.The Planning Commission's motion to approve the application, however it received a 2-2 vote and without a majority approval it was denied.The 8:00 p.m. to I :00 a.m. reference is a condition suggested by the Police Department limiting the hours oflive entertainment and dancing and is included in the recommended conditions.Mayor Coontz asked if entertainment begins at 8:00 p.m. will there be enough parking.The Director of Community Development indicated there could be an overlap in the demand on parking lots if the entertainment began at 8:00 p.m. and Raffaellos Restaurant does not close until 10:00 p.m.Mayor pro tem Barrera expressed concern regarding security of the rear area of the complex being used for parking Medhi Rafety, 1010 La Mirada, Laguna Beach, gave the following presentation and responses CITY COUNCIL MINUTES July 25, 1995 14, PUBLIC HEARINGS (Continued) Talked to every business owner in the center who signed a document that live entertainment will not effect their business in a negative manner. Also the owner has concurred, as well as Raffaellos Restaurant. The business does not begin until 10-10:30 p.m. If there are bands or dancing, this starts after 10:00 p.m. Raffaellos Restaurant closes at 9:30 p.m. most nights and 10:30 p.m. weekends. The front parking lot is mostly vacant which provides 185 parking spaces. Suede's capacity is 300. If the average is two people per car, there are approximately 150 cars to fill the front parking lot.Valet parking is provided and the company will provide service on event nights (Fridays and Saturdays). This is proposed to be on the side and back of the parking lot which will eliminate the security problems. Suede's is centrally located in the complex so noise is not a problem and has a good record with the Police Department. Events means a DJ, Karoke, jazz band or any band or anything that would constitute a largernumberofpeoplethanisnormal. The approximate age of the crowd is between 25- 35.A CUP was issued in 1994 to allow live entertainment on the weekend. Suede appealed to allow for seven days of live entertainment. Council denied the appeal and the original license. After the appeal Suede began collecting signatures from the public and businesses at the centerbeginningAugust1994throughJanuary 1995.Andrew Lewis, 21622 Margaret Parkway, Mission Viejo, commented on a letter from Kojak Securities who evaluated the area and will supply security guards; two in the back and two in the front of the parking lot for any event with more than 50 people. Also they will supply valet parking handling up to 200 cars. The letter indicates the requirement for free valet parking for customers will be $250 per month. If the application is approved, it would becomplimentaryvalet. The only times this would be used is an occasional Friday/Saturday night, not to exceed more than one or two per month from the hours most of the businesses in the area are closed.The Police Chief commented several meetings have been held with the owner to mitigate the Police Department's concerns. This area is considered high crime. Suede has been monitored very closely and has not been a police problem. It is believed that conditions could be put forth to support a temporary license and evaluate this for six months, but only predicated on live entertainment for the weekend only in order to revisit it to see if it is negatively impacting the neighborhood or center ifit does it would be revoked.There is a caveat here the applicant or his brother is to be at Suede all the time to ensure that things are going well. This has been the case. Recently, the Police Department has been notified of a person-to-person transfer which means the Alcoholic Beverage Control License is transferable to another person. It is unsure if the same commitment will exist of the onsite management. The concern is this may be a condition of sale, that Council's approval is a condition of the sale ofthis establishment, and that the name is going to be changed to Comer Pocket. Once an establishment is licensed, the owner can at any time transfer the license and the City cannot protest unless the establishment has been closed for 90 CITY COUNCIL MINUTES July 25, 1995 14. PUBLIC HEARINGS (Continued) Council expressed concern regarding the matching of requirements of valet and security with the hours that most people would be there for events. Mr. Lewis responded the hours will start earlier for valet parking and security. The contracts indicate it is the same price to start them earlier than to start on time. Security will be there part time from 9:00 p.m. to 2:30 a.m. from Thursday through Sunday and at peak business hours. Suede does not have exclusive rights to the parking lot in the rear of the complex. The City Attorney was asked to explained transfers of licenses. He explained a conditional use permit runs with the land. Any permitee could transfer it. Council expressed concern regarding the management and there may be certain conditions that could be imposed to mitigate the impact of this type of use. Staff could recommend conditions that would ensure management issues be included in the CUP. Mr. Lewis was asked if he was 100% owner of Suede. Mr. Lewis indicated he is the owner, but it is in escrow pending the Alcoholic Beverage Control license approval. He responded he would cover the business around the clock. Regarding insurance and liability to the City, he has a 1,000,000 plus policy which names the City and owner of the plaza. The valet and security companies have their own insurance. The following people spoke in opposition: Barbara DeNiro, 1118 E. Adams Reverend Ron Martin, 1895 N. Shattuck Their concerns were as follows: How many other similar businesses are there in the City? Too many changes in owners. Citizens should be looked after first. Violates the Orange Municipal Code, says CUP shall not be granted if it causes deterioration of bordering land use or creates special problems for the area. Mr. Martin distributed material which included several neighbors signatures in opposition. Biggest concern was noise that generated from the live bands. Backdoor does not always stay closed. Rebuttal: Mr. Lewis commented he is moving into the community. The back door of the establishment will have a security guard posted there. THERE BEING NO FURTHER SPEAKERS, MAYOR COONTZ CLOSED THE PUBLIC HEARING. PAGE 13 CITY COUNCIL MINUTES July 25, 1995 14. PUBLIC HEARINGS (Continued) Council gave the following comments: Would like to hear if the escrow is closed. The petition signed by the business owners is not accurate, it is to reinstate Suede's live entertainment license. Valet parking issue needs to be clarified.Who will manage the business?Inconsistencies oftime which need to be addressed.Question of insurance.Has the owner of the property approved the use of a valet?Mr. Rafety indicated the owner is aware of this. (Needs to be in writing for Council.)Officially, who would the City be dealing with?Is the transfer of this business contingent on the granting of live entertainment?Mr. Lewis indicated it was not.Councilman Slater gave the following concerns: "My personal feeling is that considering the length oftime this transfer might take, 4-5 months, I would suggest we deny it at this point and ask the applicant to come back at the time the transfer has been made. I have some personal concerns also. I have a problem with live entertainment being in this shopping center. It is a nice shopping center and has been nicely rehabilitated through our Redevelopment Agency. Unfortunately it is adjacent to homes and there is no way to avoid that type of impact. I appreciate the enthusiasm in investing in a business. I visited Suede and was quite impressed, but I cannot picture there being live entertainment. I would rather see us move in the direction of a denial at this time. " MOTION SECOND AYES NOES Barrera Spurgeon Murphy, Barrera, Mayor Coontz, Spurgeon Slater Moved to continue this issue to October 24, 1995 Council meeting with staff assistance regarding additional conditions.15. PLANNINGANDENVIRONMENT - None 16, ORAL PRESENTATIONS - None PAGE 14 CITY COUNCIL MINUTES July 25, 1995 17, ADJOURNMENT MOTION SECOND AYES Barrera Murphy Murphy, Barrera, Mayor Coontz, Spurgeon, Slater The City Council adjourned at 8: 11 p.m.MARILYN J, JENSEN MARILYN 1. JENSEN, CMC CITY CLERK l~/ .J/ a~- Jj / L. /J. /?1' JOANNE C. COONTZ I MAYOR i./ THCART,CMC LERK I I, PAGE15