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HomeMy WebLinkAbout05/01/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 1, 1989 The City Council of the City of Costa Mesa, California, met in regular session May 1, 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 Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Robert Ewing of the South Coast Christian Church. 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: None 1 Officials Present: City Manager Allan Roeder Assistant City Attorney Eleanor Frey Assistants to the City Manager Rick Pickering And Ann Gyben City Clerk Eileen Phinney Transportation Services Manager John Lower Senior Planner Alice Angus Park Superintendent David Alkema MOTION On motion by Vice Mayor Hornbuckle, seconded by Council April 17 1989 Member Amburgey, and carried 5-0, the minutes of the regular meeting of April 17, 1989, were approved. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, to read all ordinances by title only. ORAL Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, COMMUNICATIONS expressed his opposition to the humor that is reflected occasionally by Council, stating that with the many existing problems, Council should be more serious. Council Humor Mayor Buffa stated that the humor was not meant to offend anyone, nor abuse or deride speakers; the humor ,is simply to lighten the air after a few hours into the Council meeting. Victoria Street In response to a question from Mr. Goldstein regarding Demolition Victoria Street, Assistant to the City Manager Rick Pickering stated that at the next Council meeting, a contract would be awarded for demolition of designated houses on Victoria Street. He reported that the City cannot board up the homes until they legally own them, and owners can legally stay until escrow closes. Transient Patricia Schuda, 2895 Palau Place, Costa Mesa, read an Problems item published in the Daily Pilot from the Huntington Beach Police Log regarding a transient loitering near Mervyn and that after being contacted by police, he was sent to Costa Mesa. Ms. Schuda did not want the City 'known as a haven for transients; and with the City's giveaway programs, this is what she felt the City is attracting. She asked that the Council help Costa Mesa citizens with this problem. 1 Stater Brothers/ Jim Harrell, 781 Center Street, Costa Mesa, addressed Shopping Area the subject of the Stater Brothers' closure and the possibility of a nice shopping area. Mayor Buffa responded that Stater Brothers closed on their own volition, and the Mayor explained that the businesses choose their own locations according to their preference and the City does not encourage super markets to choose any location. City Manager Allan Roeder also in response to Mr. Harrell, stated that approximately three years ago, the agency had set aside 19th Street and a portion of the west side as a part of a redevelopment proposal, it was withdrawn as it was vehemently opposed by the west side residents. Four Seasons Emil De Coster, Four Seasons Towing, referred to Plan- Towing/De Coster ning Action PA -89-09, and stated that he was not able PA -89-09 to attend his scheduled appearance at the last Council meeting, and that he had a Conditional Use Permit to store trucks in Santa Ana, and he is now using 2648 Newport Boulevard as an office. He requested he be permitted to use the Newport Boulevard address as an office only and he will keep all trucks off Newport Boulevard. He also requested an extension of time for the office use at the Newport Boulevard address. After discussion with Mayor Buffa, City Manager, Council Member Genis, and the Assistant City Attorney, it was decided that if there were no trucks parked there, a Conditional Use Permit was not needed. Council Member Amburgey stated that Mr. De Coster should contact Planning staff and be sure of status. Mayor Buffa requested that the City Manager look into the status of PA -89-09. Mesa Verde Drive William Polder, 1628 White Oak Place, Costa Mesa, Loop 'Dees expressed his displeasure with newly planted trees in conjunction with the Mesa Verde Drive Loop, as he had also done at the meeting of April 17, 1989. He stated he was advised that City staff had gone to the nurseries and found the best trees at the time. Mr. Polder also stated he had checked nurseries and found 300 trees that were better. Park Superintendent Dave Alkema verified that he had advised Mr. Polder he had instructed his staff to check various nurseries for nice trees, which they did, and purchased the trees. Mr. Alkema was out of town at the time. Former Mayor Mayor Buffa recognized Former Mayor Bob Wilson, who Bob Wilson introduced his grandson, Eric Erwin. Eric recently spent three months visiting the Freitas Family in Recifi, Brazil. Eric introduced his friend Alexandre Freitas from the City of Recifi, in. northern Brazil, who came to the Council meeting to see local government at work, The Mayor welcomed Alexandre and wished him a pleasant visit in Costa Mesa. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 12(a), Notice of Completion of 1988-89 Measure "C" Parkway Maintenance; Item 12(b), Completion of Installation of traffic signal at Baker Street/Royal Palm Dive; Item 12(c), Completion of 1988-89 Measure r READING FOLDER Claims "C" Street Maintenance; and Item 13, Policy regarding "existing lot" definition per Measure "G". On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa Hornbuckle, Amburgey, Genis Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the following Reading Folder items were received and processed: Claims received by the City Clerk: Earl Scheib Auto Painting; Southern California Gas Company (No. M-2269 69 -35 -MAP); and Karen Lee Wallin. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Charles A. Costa, Licenses doing business as Boo Boo and Charles; 1125 Victoria Street, Buildings K and L; and Kazunari and Masako Kobayashi, doing business as Gordie's Deli, 735 Baker Street. Public Utilities Notice from Southern California Gas Company that it Commission has filed Application No. 89-04-021 with the Public Utilities Commission, to reduce revenues by $22.5 million annually, beginning October 1, 1989. Notice from Airport Commuter, Incorporated, 1409 Kuehner Street, Suite 107, Simi Valley that it has filed an application with the Public Utilities Commission, to seek authority to provide on-call door-to-door service between certain points in seven Southern California counties to Los angeles Interna- tional, Long Beach, John Wayne, and Ontario airports, Union Station, and the Los Angeles and Lang Beach harbors. Revenues From Statements from Gray Davis, Controller of the State of Various State California, containing estimated amounts to be paid to Taxes And Fees each city and county as its share of revenues to be apportioned during the fiscal year ending June 30, 1990, from the following sources; Highway Users Taxes, Motor Vehicle License Fees; and Off -Highway Motor Vehicle License Fees. Orange County Communication from the County of Orange Real Estate Real Estate Division giving notice that the County proposes to use Division donated space at 792 Victoria Street for the Child Health and Immunization Clinics. Barto Oil Letter from Leonard and Honor Murphy, 1750 Whittier ZE-83-111A2 Avenue, No. 42, Costa Mesa, thanking Council for denying the Barto Oil Company project, Zone Exception ZE-83-111A2. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Jewish War Purpose, was received from Jewish War Veterans of the Veterans U.S.A., Harry Hoff Post 595, in care of Sidney Chester, 851 Presidio Drive, Costa Mesa, by selling artificial MOTION 'poppies from May 19 to 30, 1989. On motion by Vice Permit Mayor Hornbuckle, seconded by Council Member Amburgey, Approved and carried 5-0, the permit was approved with applica- tion of Municipal Code Section 9-229. SET FOR PUBLIC On motion by Vice Mayor Hornbuckle, seconded by Council HEARING/Addendum Member Amburgey, and carried 5-0, General Plan Amendment to EIR 1037 and GP -89-1B Revised, for the North Costa Mesa Arterial GP -89-1B Revised Improvement Study and an addendum to Program Environ- mental Impact Report (EIR) No. 1037, was set for public MOTION/Hearing Set hearing on May 15, 1989, at 6:30 p.m., in the Council for May 15, 1989 Chambers of City Hall. DPRRANTS On motion by Vice Mayor Hornbuckle, seconded by Council Leased Police Member Amburgey, Warrant Resolutions 1428 and 1429, MOTION including Payroll 8908, were approved by the following Warrants 1428 and roll call vote: 1429 Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Awarded to Amburgey, Genis, Glasgow Theodore Robins NOES: COUNCIL MEMBERS: None Leasing Company ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and.carried 5-0, the claim from Pauline Owyang Owyang was rejected. Rodriquez and On motion by Vice Mayor Hornbuckle, seconded by Council Corliss Member Amburgey, and carried 5-0, the claim from Eric Rodriquez, a minor, and Cindy Corliss was rejected. Southern On motion by Vice Mayor Hornbuckle, seconded by Council California Member Amburgey, and carried 5-0, the claim from Gas Company Southern California Gas Company was rejected. ADMINISTRATIVE Bids received for Bid Item 843, Utility Vehicle, are ACTIONS on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the Bid Item 843 contract was re -awarded to Theodore Robins Car Sales, Utility Vehicle 2096 Harbor Boulevard, Costa Mesa, for $13,117.50. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Re -awarded to Amburgey, Canis, Glasgow Theordore Robins NOES: COUNCIL MEMBERS: None Car Sales - ABSENT: COUNCIL MEMBERS: None Bid Item 847 Bids received for Bid Item 847, Revision "A" Computer Revision "A' Disk Drive, are on file in the Clerk's office. On Computer Disk motion by Vice Mayor Hornbuckle, seconded by Council Drive Member Amburgey, the contract was awarded to El Camino Resources, Limited, 8550 Balboa Boulevard, No. 140, MOTION Northridge, for $6,313.36. The motion was carried by Awarded to the following roll call vote: El Camino AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Resources Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: 'COUNCIL MEMBERS: None Bid Item 849 Bids received for Bid Item 849, Leased Police Units, are Leased Police on file in the Clerk's office. On motion by Vice Mayor Units Hornbuckle, seconded by Council Member Amburgey, the contract was awarded to Theodore Robins Lasing Company, MOTION 2096 Harbor Boulevard, Costa Mesa, for $847.00 per month. Awarded to The motion carried by the following roll call vote: Theodore Robins AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Leasing Company Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order 1 Staff recommended approval of Change Order No. 1 for Valley Crest $7,010.00 to the contract with Valley Crest Landscaping, Landscaping Incorporated, 1920 South Yale Street, Santa Ana, in connection with the Fairview Park Project, Phase I. The change order is needed to compensate Valley Crest v t MOTION Landscaping for an error in the Fairview Park Phase I Change Order bid proposal documents. On motion by Vice Mayor Approved Hornbuckle, seconded by Council Member Amburgey, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "C" Staff recommended approval of Change Order "C" for Robert Bein, $31,000.00 to the contract with Robert Bein, William William Frost Frost and Associates, 14725 Alton Parkway, Irvine, in connection with the North Costa Mesa Arterial Improve - North Costa Mesa ment Study and Environmental Impact Report (EIR). Arterial Study and The change order is needed to develop additional EIR alternatives and prepare addendums to the EIR. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Amburgey, the change order was approved by the Change Order following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Refund to Pakfar A request for refund of $5,000.00 was received from Hooshang Pakfar, 12939 Cranleigh Street, Cerritos, since Church Street right-of-way improvements have been completed at 1961 Improvements Church Street. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the refund was MOTION approved by the following roll call vote: Refund Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Completion of Street Improvements for Development Review Street Improve- DR -85-27 located at 2620 Newport Boulevard, have been ments for DR -85-27 completed to the satisfaction of staff by Roy Ikeda, 305 by Ikeda Monte Vista Avenue, Costa Mesa. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the MOTION improvements were accepted, and Savings Pass Book 022 - Improvements 032186-4 in the amount of $10,000.00 was ordered exoner- Accepted ated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of A motion was made by Vice Mayor Hornbuckle, seconded by Parking on 16th Council Member Amburgey, to adopt Resolution 89-134, Place A RESOLUTION OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF 16TH PLACE FOR THE MOTION PURPOSE OF STREET SWEEPING. The motion carried by the Resolution 89-134 following roll call vote: Adopted AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohition of On motion by Vice Mayor Hornbuckle, seconded by Council Parking on Wakeham Member Amburgey, Resolution 89-135, A RESOLUTION OF THE Place CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF WAKEHAM PLACE FOR MOTION/Resolution THE PURPOSE OF STREET SWEEPING, was adopted by the 89-135 Adopted following roll call vote: LSI 1 411i AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Completion of Item No. 12(a) on the Consent Calendar was presented: Measure "C" Parkway Completion of Measure "C" Parkway Maintenance 1988-89 by Maintenance 1988-89 B-1 Enterprise Corporation, Post Office Box 714, Rancho by B-1 Enterprise Cucamonga. The City Manager recommended that this item be withdrawn. On motion by Council Member Glasgow, MOTION seconded, by Council Member Amburgey, and carried 5-0, Withdrawn the item was withdrawn from the Agenda. Completion of Item No. 12(b) on the Consent Calendar was presented: Traffic Signal Completion of Traffic Signal installation at Baker Installation at Street and Royal Palm Drive by Baxter -Griffin Company, Baker/Royal Palm Incorporated, 8210 Monroe Street, Stanton. by Baxter -Griffin William Polder, 1628 White Oak Street, Costa Mesa, requested red curbing for 20 to 25 feet on the south- east corner, since there are many.right turns made at that intersection, and cars are parked too close to the corner. Mayor Buffa advised Mr. Polder to send a written request to the Transportation Commission and to track their agenda for its scheduling. Council Member Genis complimented the staff and the contractors on the project being done quickly and neatly, but had concerns about the pedestrian signal. Investigation of the signal was referred to the Transportaion Services Manager. MOTION On motion by Council Member Amburgey, seconded by Improvements Council Member Canis, the work was accepted; the Clerk Accepted was authorized to file a Notice of Completion; authori- zation was given to release remaining 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: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Item No. 12(c) on the Consent Calendar was presented: 1988-89 Measure Completion of 1988-89 Measure "C" Street Maintenance by "C" Street R J. Noble Company, 1505 East Lincoln Avenue, Orange. Maintenance by R. J. Noble Vice Mayor Hornbuckle mentioned that with the completion of this contract, a total of $2,097,234.00 has been expended on Measure "C" Street Maintenance over the last two years, representing 76.5 percent of Measure "C" funds appropriated. In addition, $1,974,450.00 of other street maintenance funds have been expended during the last two years. She stated that the street maintenance program is a remarkable accomplishment. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Improvements Member Amburgey, the work was accepted; the Clerk was Accepted authorized to file a Notice of Completion; authorization was given to release remaining 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: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Definition of Item No. 13 on the Consent Calendar was presented: "Existing Lot" Policy regarding "existing lot" definition per Measure per Measure "G" "T. Council Member Genis requested the following change for clarification: "An existing lot is any legally sub- divided lot that has right of access to a street that is fully improved to subdivision code standards or will be fully improved to subdivison code standards prior to occupancy." Responding to Council Member Amburgey, the Associate Planner stated there would be no problem with the change, and it would clarify the definition. MOTION On motion by Council Member Genis, seconded by Council Amended Definition Member Glasgow, and carried 5-0, the definition was Accepted accepted as amended. PUBLIC HEARING The Clerk announced the public hearing, continued from Certificate for the meeting of April 17, 1989, for a Certificate of West Coast Cab Public Convenience and Necessity for West Coast Trans- portation Network, Incorporated, doing business as West Coast Cab Company, 941 North Santiago Street, Santa Ana. PUBLIC HEARING The Clerk also announced the public hearing for the Suspension of Suspension of a Certificate of Public Convenience and Certificate of Necessity for West Coast Cab Company. Public Convenience for West Coast Cab The City Manager outlined the circumstances pertaining to the insurance coverage needed for the Certificate of Public Convenience and Necessity for West Coast Trans- portation. He stated that a faxed copy of a liability certificate from Golden Eagle Insurance for West Coast Cab was received by his office at 3:00 o'clock this afternoon after which he contacted their legal repre- sentative to inform him of the difficulty to advise Council of the adequacy of the certificate of insurance before Council meeting. The City Manager referred to a copy of the liability certificate distributed to Council, and recommended denial of application for failure to make due effort. In response to a question from Vice Mayor Hornbuckle, the Assistant City Attorney stated she had been advised by the City's insurance consultant, that Olden Eagle was recognized as an admitted insurance carrier in the State of California. Steven Silverstein, 2001 East First Street, Santa Ana, attorney for West Coast Cab Company, stated he had been advised by Olden Eagle that a liability certificate had been forwarded to the City dated April 17, 1989, and was not aware until this morning, that the certificate was not received by the City. Mr. Silverstein offered to have a duplicate of the original certificate hand - carried to a designated person of the City within one week. In response to Council Member Amburgey's question regarding the fleet list, Mr. Silverstein agreed to have a copy forwarded with the insurance certificate. Vice Mayor Hornbuckle inquired about the $25,000.00 self -retention clause and was assured by Mr. Slverstein that it was supplied. There being no other speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Genis, to continue the public hearing to May 15, 1989, giving staff more time to review the certificate of insurance. Council Member Amburgey opposed the motion, stating that the City could be liable if West Coast Cab were not properly covered, and they have had enough time to comply with the City's insurance requirements. Council Member Glasgow opposed the motion because he was not confident that West Coast had adequate insurance and he felt they should be compelled to prove they have ade- quate coverage. Vice Mayor Hornbuckle believed that West Coast had the required insurance since the fax copy is dated April 17, 1989. The motion to continue this item failed to carry 3-2, Council Members Buffa, Amburgey, and Glasgow voting no. MOTION A motion was made by Council Member Amburgey, seconded by Certificate Council Member Glasgow, and carried 3-2, Council Members Suspended Until Hornbuckle and Genis voting no, to suspend the Certificate Proof of Insurance of Public Convenience and Necessity until adequate proof is Submitted of insurance is supplied and found acceptable to staff. Responding to Mayor Buffa's question, the Assistant City Attorney stated that the Finance Department would verify the fleet list, and the City Manager and City Attorney would verify the insurance coverage. Mayor Buffa directed the City Attorney to determine the acceptability of the certificate. PUBLIC HEARING The Clerk announced that this was the time and place set Acquisition of for the public Hearing for Resolutions of Condemnation Properties for for the following properties in connection with the Vic - Improvements toria Street improvement project: 2158 Charle Drive (a) Giovani Di Cesare, owner; Parcel No. 62, Assessor Parcel No. 422-203-20, 2158 Charle Drive. 697 Victoria Street (b) Marion and Michelle McDonald, owner; Parcel No. 74, Assesor Parcel No. 422-211-01, 697 Victoria Street. Letters were mailed to the property owners advising them of the time and place of the meeting. The Assistant to the City Manager summarized staff's memorandum of April 21, 1989, which contains a chrono- logy of the Victoria Street project. He stated that the City has reached agreement with over 70 percent of property owners where full -take parcels were involved. The Assistant reported that City negotiators advised him that the aforementioned property owners had been contacted and they would not be attending the Council meeting, and believe the City is very close to settle- ment agreements with them. MOTION A motion was made by Vice -Mayor Hornbuckle, seconded by Resolutions 89-136 Council Member Glasgow, to adopt Resolutions 89-136 and and 89-137 Adopted Resolutions 89-137, each Resolution being entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, x CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTIES FOR PUBLIC USE AND AUTHORIZING AND DIRECTING CONDEMNATION, based on the following findings: 1. That public interest and necessity require that the project is in accordance with the Master Plan of Streets and Highways as adopted by the City of Costa Mesa City Council and most recently revised November 21, 1988, and that the City has imple- mented the project in order to create an uncon- gested and fluid flow of traffic throughout the area. 2. That the City Staff has reviewed several alternate plans for the widening of Victoria Street and by virtue of adopting the subject alignment, the project is designed in a manner that requires the least amount of property taken and at the same time affects the least amount of property owners, thereby making this alignment the alternative that will be most compatible with the greatest good and the least private injury. 3. And that, as a consequence to and in conjunction with the aforementioned facts, the attached described properties are necessary for the pro- posed project and their acquisition is only for that portion of the property actually required for the fabrication of the Victoria Street Project. 4. The acquisition of said real properties are neces- sary for the project; and 5. The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record. Council Member Genis announced that she would not be supporting the motion because she was not convinced that this was the only alternative. The motion to adopt the Resolutions of Necessity carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The City Clerk announced that this was the time and FoliccDepartment place set for the public hearing to consider an ordi- User Fees nance amending Title 6 of the Costa Mesa Municipal Code, and a resolution setting forth Police Department user fees. The City Manager stated that because of the input of information requested at the Council meeting of April 17, 1989, staff has formulated an Ordinance and Resolution that would implement some of the fees within 30 days. In response to a question by Council Member Genis, Assistant to the City Manager Ann Gyben stated she could obtain information on a breakdown of fees for dog - related incidents versus other types of nondomestic animals or pets. 1 MOTION On motion by Council Member Amburgey, seconded by Vice Ordinance 89-12 Mayor Hornbuckle, Ordinance 89-12, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING TITLE 6 OF THE MUNICIPAL CODE TO INCLUDE A PROVISION FOR ESTABLISHING FEES FOR DOG LICENSES BY CITY COUNCIL RESOLUTION, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Council Member Amburgey, seconded Resolution 89-138 by Council Member Glasgow, to adopt Resolution 89-138, Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INCREASING POLICE SERVICES USER FEES. Council Member Genis stated that she would be opposing the motion because she believed it would be perpetuating an inequity and creating a problem. She commented that fees should apply to all.animals, that no pets should be exempt, because it is discrimination against people who prefer one type of animal over another type. Responding to Council Member Amburgey, Assistant to the City Manager Ann Gyben stated that the resolution would go into effect the same time as the ordinance, and the ordinance becomes effective 30 days after adoption. Council Member Amburgey requested that the term "photocopy" be changed since there is more work involved than copying, and the word should describe the activity. The City Manager suggested that staff amend the descrip- tion contained in the resolution and provide a copy to the Council for their approval. The motion to adopt Resolution 89-138 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None Fees Not Listed Responding to Vice Mayor Hornbuckle's inquiry, the in Municipal or City Manager recommended an enabling ordinance that State Codes would allow adoption of a resolution for fees that are not currently listed in the Municipal or State Codes. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Staff Directed to Council Member Glasgow, instructing staff to formulate Draft Ordinance an ordinance to "cover new fees that were discussed at the last meeting which are not currently contained in Municipal Code or State Codes. The motion carried 5-0. OLD BUSINESS The City Manager referred to resolutions previously Corrected Legal adopted by Council for acquisition of certain properties Descriptions for for the Victoria Street improvement project. He stated Victoria Street that several legal descriptions had to be corrected. Resolutions A motion was made by Vice Mayor Hornbuckle, seconded by MOTION Council Member Amburgey, to adopt Resolutions 89-68-A, Amended 89-71-A, 89-76-A through 89-96-A, and 89-124-A, for each Resolutions Resolution entitled, A RESOLUTION OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA, CALIFORNIA CORRECTING THE LEGAL DESCRIPTION SET FORTH IN RESOLUTION ". The motion carried by the following roll call vote: NEW BUSINESS Center Street Closure AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Cenis, Glasgow None None The City Clerk presented recommendations for the closure of Center Street: (a) Vacate the southern half of Center Street from Placentia Avenue to 175 feet east, subject to the following conditions: 1. Developer of the parcel at the southeast corner of Placentia Avenue and Center Street shall enter into an agreement with the City wherein the developer agrees to construct a cul-de-sac on Center Street, a bus turnout on Placentia Avenue, all related and necessary street improvements, public utility relocations as necessary, replacement of public facilities associated with the abandonment of a portion of Center Street, and that an irrevocable offer to dedicate be obtained from the developer to provide for the bus turnout to be a public right-of-way. 2. Obtain irrevocable Offers to Dedicate from the four homeowners on Center Street to permit construction of the 30 -foot radius cul-de-sac or, if offers are not obtained, to construct the cul-de-sac within the existing right-of- way- 3. ightof- way. 3. The Center Street public right-of-way shall remain open for pedestrian access for use of the bus stop on Placentia Avenue. 4. Study pedestrian routes along 19th Street to implement improvements that encourage pedes- trian traffic along 19th Street rather than Center street. The Transportation Services Manager reported that a a petition from the citizens of Center was submitted to the Council and Planning Commission in conjunction with a request to rezone three parcels at the southeast corner which were consolidated and rezoned for resi- dential development. He stated that both Transportation Services and Development Services were directed to undertake a study to identify any potential benefit in the construction of a block wall across Center Street. The study revealed an existing off -set intersection of about 30 feet difference on Center Street east and west of Placentia Avenue; also, a bus stop that serves 170 bus riders per day and has a significant amount of bus dwell time to serve them, blocks the northbound curb lane on Placentia Avenue. He reported that a meeting was held with the property owners to discuss five alternatives; however, none of the alternatives were supported by the property owners. As a result of this meeting, another alternative was developed that provides 'for the bus bay construction with a part of the rezone parcel and a vacation of the southern half of Center Street along that segment, and the operation of a 2 -way driveway servicing a restaurant at 1862 Placentia Avenue and a hair salon at 792 Center Street. The advantage of the vacation is the bus bay would be extended to serve 7 X17 as a right -turn lane and the developer has indicated willingness to participate for replacing public improve- ments needed with the closure of Center Street. Responding to Vice Mayor Hornbuckle, the Transportation Services Manager stated that it would be feasible to construct the cul-de-sac without the 30 -foot width and there would be no safety problems incurred. Jim Harrell, 781 Center Street, Costa Mesa, expressed concerns with the higher density at the end of the street with vehicular and non-resident traffic flow, and with Center Street becoming a commercial route because of other changes in the west side, and the change in the apartment entrance and exit from Placentia to Center Street. He also requested that pedestrian access be closed off. - Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, felt the cul-de-sac is a safety hazard, that the public has the right to use public streets, and the street should not be blocked off. Tom Margitan, 780 Center Street, Costa Mesa, identified himself as one of the four owners at the end of the street. He stated if the City would close the street off to pedestrian and auto traffic, he would be in favor of Rezone Petition R-88-06. H. W. Holly, 763 Center Street, Costa Mesa, stated the City has done something innovative and constructive; it is a good plan with reasonable solutions to problems. Sid Soffer, 900 Arbor Street, Costa Mesa, felt the Center Street is for the people who live on it; if they want a cul-de-sac, give it to them. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked if the cul-de-sac was because of development on Center Street and Placentia Avenue. Mayor Buffa responded that residents requested closure and a cul-de-sac if the rezone were approved, and the Council did approve the zone change. Mr. Pizarek stated that the cul-de-sac was worth being able to see your children walk down the street safely, and asked the Council to consider restricting high- density growth. Tom Margitan stated that he would be willing to dedicate that portion of property needed for the project if the street were closed and pedestrian access blocked. The Transportation Services Manager responded that 15 percent of the population using bus transportation needed the pedestrian access and the plan for the access is a maze -type, wrap-around wall, and that because of its construction, would eliminate motorcycles and bicycles from using the access. Responding to Mayor Buffa's question, the Senior Planner reported that although the rezone has been approved, a project has not been approved for the site because the developer is waiting for a decision on the Center Street closure. MOTION Council Member Amburgey made a motion, seconded by Vice Approved Center Mayor Hornbuckle, to vacate the southern half of Center Street Closure Street from Placentia Avenue to 175 east. Council Member Genis supported the motion and stated that the Center Street residents should be aware that the street is City property and is for everyone's use. AMENDED MOTION An amended motion was made by Council Member Amburgey, Added Conditions seconded by Vice Mayor Hornbuckle, to approve the Center Street Closure subject to the conditions as referenced in the memorandum dated April 20, 1989, from the Trans- portation Services Manager. Council Member Glasgow stated he would support the motion since it is an equitable compromise considering the citizens on Center Street and the traffic on Placentia Avenue. Mayor Buffa opposed the motion because he felt leaving the pedestrian access open may possibly lead to future problems, and it should be closed. Council Member Amburgey stated that staff should be commended for the configuration they worked out to prohibit motorcycles and bicycles from speeding across the necessary pedestrian access. Council Member Genis stated that the cul-de-sac is a problem for emergency vehicles, and a block wall would inhibit evacuation. Council Member Amburgey asked if there was any other new information. Ms. Walshe responded this was all the information she had and felt it important data. Mayor Buffa explained to Ms. Walshe that new information had to be substantive. MOTION A motion was made by Council Member Amburgey, seconded Rehearing by Council Member Genis, to deny the request for a Denied rehearing since there was not enough new information. Council Member Amburgey suggested a trial period with a reasonable amount of time with signs posted; at the end I f trial period, he would not be opposed to looking at new information. The motion to deny a rehearing carried 5-0. The motion to approve the closure carried 4-1, Mayor Buffa voting no. RECESS The Mayor declared a recess at 8:50 p.m., and the meet- eeting ingreconvened at 9:05 p.m. NEW BUSINESS The City Clerk presented a request from Margaret E. Rehearing/20th Walshe, 178 East 20th Street, Costa Mesa, for a rehear - Street Parking ing of Council's decision on April 17, 1989, approving Prohibition the parking prohibition along both curbs of East 20th Street, between Orange Avenue and Newport Boulevard, on Wednesdays from 8:00 a.m. to 10:00 a.m. for street sweep- ing (Resolution 89-130).. Margaret Walshe stated the residents on Bay Street, which is directly behind 20th Street, have presented a petition to have the street sweeping signs removed, but it has been delayed at the Transportation Commission level. Council Member Amburgey asked if there was any other new information. Ms. Walshe responded this was all the information she had and felt it important data. Mayor Buffa explained to Ms. Walshe that new information had to be substantive. MOTION A motion was made by Council Member Amburgey, seconded Rehearing by Council Member Genis, to deny the request for a Denied rehearing since there was not enough new information. Council Member Amburgey suggested a trial period with a reasonable amount of time with signs posted; at the end I f trial period, he would not be opposed to looking at new information. The motion to deny a rehearing carried 5-0. 4145 Request for Funds The Clerk presented a request for $7,125.00 from Jim for Costa Mesa Ferryman, Fish Fry Parade Director, Costa Mesa -Newport Float Harbor Lions Club, to enter the City of Costa Mesa float in nine parades; and Request for $3 A request from Robert Chapman, President of the Lions Million Liability Club for Council approval of $3 million liability Insurance Limit insurance for the Annual fish Fry and Carnival on June 2, 3, and 4, 1989. Bob Chapman, 2037 South Capella, Costa Mesa, requested funding for the City of Costa Mesa float since neighbor- ing cities enter floats in each others parades, similar to a co-op. He submitted a drawing of the float. Council Member Glasgow stated the City would want to be co-insured on the $3 million liability insurance. Mr. Chapman stated this would not be a problem; the only problem to be settled is the amount, $3 million or $5 million. The City Manager responded to a question from Nabil Hajar, stating that the City is looking for separate arrangements of insurance coverage for the parade for the protection of the contractor and the Lions Club. Tim Lewis, 2975 Harbor Boulevard, Costa Mesa, felt $3 million insurance was not adequate, and asked if perhaps the other people involved, such as carnival people, have a larger share of insurance to pay. The City Manager responded that the carnival people have their own insurance, are licensed, and are inspected by the State of California. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Requests Member Glasgow, the requests for $7,125.00 and $3 Approved million liability insurance were approved, with the City listed as co-insured. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Cable The Clerk presented a request to appoint two members Television to the Cable Television Committee. Committee On motion by Council Member Genis, and seconded by MOTION Council Member Glasgow, and carried 5-0, Annea Massimino Appointed and Anthony S. Mollicone were appointed to the Cable Members Television Committee. Substance Abuse The City Clerk presented the request to appoint members Committee to the Substance Abuse Committee. The City Manager outlined staff's memorandum of April 27, 1989, which contains background information and staff's recommendations. Responding to a question by Council Member Genis, the City Manager stated that appointrnents for the Citizen and Council Committees are done by Council approving a committee formation application and authorizing staff to advertise through the various media sources requesting the public to submit applications for that committee. I5_ He reported that applications are then reviewed and selections made at a Council meeting; however, this committee was selected on the basis of initial action by Council that indicated specific representation from specific sectors of the community. Council Member Genis wanted to know the means for selecting the subject committee. The City Manager responded that because of the time lapse from the date action was taken, and in an effort to start the task force, Vice Mayor Hornbuckle, Council Member Glasgow, and Jan Kausen, a concerned citizen, proceeded on their own. Following discussion on expected requirements for the applicants, Council Member Amburgey stated the make-up of the committee had been well thought out, and Jan Kausen should be commended. Mayor Buffa stated this could be under further investi- gation, but felt Council should decide on what the role of this committee should be since substance abuse is a serious problem. Responding to Mayor Buffa's comments, Council Member Glasgow referenced the task objectives as outlined in the memorandum from Vice Mayor Hornbuckle, dated April 11, 1988, and thought the goals listed were clear. Mayor Buffa stated he was looking for a greater degree of definition of what Council is trying to accomplish. MOTION A motion was made by Council Member Amburgey, seconded Appointed by Council Member Glasgow, to appoint the following Substance Abuse persons to the Substance Abuse Committee: Council Committee Member Genis; Council Member Glasgow; Police Captain Gorge Lorton, staff; Paramedic Jeff Peters, staff; Jan Kausen, Dr. Gorge Tucker, Karen Ursini, Ron Schoenmehl, Fred Carter, Malcolm Ross, and Dave Ball. Sid Soffer, 900 Arbor Street, Costa Mesa, stated he ,could not believe so much time was spent on appointing a couple of people. Mayor Buffa stated that whether accidentally or coinci- dentally, Mr. Soffer had just mentioned the second of two issues that have become the Gordian knot of this society, and there is no easy way into or out of these .issues. Jay Humphrey, 1620 Sandalwood, Costa Mesa, felt highly motivated regarding this committee because most of the people are appropriate choices, but he would have liked to had students on the committee to represent that age group. 'Scott King, 766 West Wilson, Costa Mesa, stated that nothing can help our young friends more than hearing it from someone their own age, and they're the people they will go to for help. He felt they should be on committee and do not have to reside in Costa Mesa. ,Diane Goldberger, 3036 Java Road, Costa Mesa, agreed with ,Council Member Genis in that the City should have more specialists in this field, such as a social worker, and the committee members need to be evaluated.- Council Member Genis asked that the motion be amended to include student representatives and advertise to the community at large for people who may have an interest or expertise in this area. Referring to Council Member Cenis's comments, Vice Mayor Hornbuckle stated that this committee was to be more of a coordinating committee, overseeing activities of other groups who do the work. She felt the student issue is important, but believed that even though students mean well, their interests change. The Vice Mayor commented that Karen Orsini, one of the nominees, works with the Pride organization in schools and has contact for this particular input. Council Member Amburgey stated he did not believe an amendment was necessary at this point in time as this is not a closed committee, if more members are needed, it can be brought before Council. He mentioned that if present members were not participating as they should, the other members would ask them to resign. Council Member Genis stated the one reason she was making the request to advertise, was because there may be people in the community who are qualified and are not aware of the committee being formed; therefore, the City might be missing a good opportunity. Mayor Buffa announced that he would not be supporting the motion only because he believed the greater concern is that the Council should spend more time on defining the purpose of this committee. Council Member Genis stated although she would like to be on committee, and has no objection to the committee, she would also be voting against the motion since with the present make-up of the committee, it will not be as effective as it should be. Vice Mayor Hornbuckle stated she would be delighted to have Council Member Genis replace her on committee and that possibly through the newspapers, advertise to the community about the committee, and if someone is inter- ested, they could.contact the City Manager's office. The motion carried 3-2, Mayor Buffa and Council Member Genis voting no. Harbor Boule- The City Clerk presented a request to construct a raised vard Raised Median median island on Harbor Boulevard from north of Wilson Island Construction Street to West 19th Street in conformance with the Alternative No. 2 Concept Plan as unanimously recommended by the Transportation Commission. Assistant to the City Manager Rick Pickering outlined staff's memorandum dated April 21, 1989, which contains background information and staff's recommendations. He stated that Council's actions this evening are very important since under the current agreement, the contractor is preparing to start construction on the medians on May 22, 1989. However, due to the sensitiv- ity and complexity of the issue, a presentation has been prepared by the Transportation Services Manager, with questions being answered by the Parks Superintendent and the Assistant Civil Engineer. The Transportation Services Manager gave a presentation regarding the various alternates for Harbor Boulevard: Alternate 1, 18 Harbor Boulevard medians between Wilson MOTION Alternative 3 Adopted and 19th Streets to serve 22 business centers; Alter- nate 2, highly recommended by the City Transportation Commission, provides 21 median openings on Harbor Boule- vard to serve 25 business centers, and Alternate 3, near unrestricted left turn access beyond the double -double yellow lines for the length of the left -turn pockets plus the transition and would serve 50 business centers. The Transportation Services Manager, in response to a question from Council Member Genis, stated that the reports were available dating back to the early 1970's, and there would be no problem for emergency vehicles for the one side of Harbor Boulevard. He stated that vehicles larger than 19 feet would have to use a truck route. Assistant to the City Manager Rick Pickering, responding to Council Member Genis, stated that the study was done by the Finance Director and although it is confidential, it did indicate that after medians, business continued to grow. Further discussion ensued on the damage being done by watering the medians, and that perhaps there should be more investigation. The Transportation Services Manager, responding to a I uestion from Council Member Glasgow, indicated that driver adjustment seemed to be the reason for traffic accident reductions in reference to the median report. Sid Soffer, 900 Arbor Street, Costa Mesa, thought this was supposed to be a hearing before Council people who have not yet made up their mind, but feels one member has already decided. He also feels the report is one sided and that the feelings of the individual business man is not reported. Ted Lewis, 2075 Harbor Boulevard, Costa Mesa, stated Alternate 2 is the best solution for his business, but 'in fairness to other merchants, he would have to support Alternate 3. Richard Goldstein, 1981 Wallace, Costa Mesa, felt that medians are a waste of money because they are dug up every year. Robert Miller, 1906 Harbor Boulevard, Costa Mesa, stated that many of the merchants support Alternate 3. Dave Russell, owner of property on both sides of the 1900 block of Harbor Boulevard, was in favor of Alternate 3 because it provides for better and safer traffic flow. Navid Hashad, 2059 Harbor Boulevard, Costa Mesa, stated that on the south side of Victoria Street, they have felt a downside of business due to the storm drain project. On the north side of Victoria Street, there are shopping centers which attract more customers than the area where he,is located. Shoppers only go there for a specific purpose, and should Alternate 2 be approved, it would harm them greatly. A motion was made by Council Member Amburgey, seconded by Council Member Genis, to adopt Alternate 3. Vice Mayor Hornbuckle stated that Alternate 2 had a better safety issue. 1 1 Mayor Buffa stated that he will be supporting Alternate 3 since the center lane now works, and it allows access to individual businesses. Council Member Amburgey stated that he thought staff had done an excellent job and should be commended for the alternatives presented, and Council should take into consideration, the importance of the livelihoods of those involved. Council Member Glasgow expressed his support for Alternate 3 but felt there should be raised medians at the intersections so that the left -turn lane is delin- eated. He requested that staff be directed to stub in utilities in those areas should a future decision be made in favor of the medians. Council Member Amburgey stated he would consider under- ground stubbing, but did not feel medians were necessary. The Transportation Services Manager suggested stubbing in the utilities out to the center of the street so that if and when this Council or future Councils decide on medians, the streets would not have to be dug up again to install utilities. AMENDED MOTION Council Member Amburgey amended his motion by adding: Added that Utility Utilities shall be stubbed into the center of the street Stubbing Shall Be so that the street will not have to be dug up again if Provided medians are installed in the future. The amended motion was seconded by Council Member Genis and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 11:10 p.m., and the meet- ing reconvened at 11:20 p.m. Promotion/ The Clerk presented a request for funding for Promo - Advertising tional and Advertising Grants enumerated below: Grants 1. AYSO Costa Mesa Region 1989 Season: Scholarships, Cultural Exchange Teams, Coaches/Referee Training 2. College Park Elementary School Reading Incentive Program 3. Costa Mesa Chamber of Commerce Child Care Study 4. Costa Mesa Little League Uniforms, Equipment, and Storage Container 5. Costa Mesa High School Tall Flags National Championshps for Tall Flags 6. Costa Mesa Sister Cities Summer Festival 189 7. Estancia High School PISA Grad Night 1989 8. Fairview Community Preschool Operating costs for Child Care Center f 2 - 9. Fairview Employees' Child Care Center Refurbishment of Child Care Center 10. Imagination Celebration Educational and Cultural Celebration for Child Care 11. Newport Mesa Schools Foundation 1989 Teacher Grant Awards Program 12. Orange County Cop Bowl, Incorporated 11th Annual Cop Bowl 13. Orange County Development Council Purchase of Illuminated Sign 14. Parents Without Partners Ongoing Educational, Cultural and Social Programs for Single Parents 15. We Tip, Incorporated Crime Prevention Program APPLICATIONS FOR ADVERTISING FUNDING 1. Building Owners and Managers Association Orange County Real Estate Journal 2. Costa Mesa Chamber of Commerce Business and Industrial Directory 3. Creative Network Costa Mesa Community Magazine 4. We Tip, Incorporated We Tip 16th Annual Conference Program The total recommended funding is $46,125. Vice Mayor Hornbuckle stated that on Item 3, the Child Care Committee that acts as advisory to the City Council has conducted such a study and at considerably less cost than the Chamber is requesting. The City Child Care Committee has contacted the Industrial Committee at the Chamber and has offered to assist them; she requested to pull the item from the agenda until the two commit- tees have met. Mayor Buffa responded that the Orange County Development Council is not a County agency, although the County does support it, and he felt the request is justified because a considerable number of its clients are Costa Mesa res idents . Council Member Amburgey stated he had received informa- tion that the Community Development Building has been placed for sale and the Orange County Development Coun- cil has made an offer to purchase the building. He suggested the possibility of assisting them in acquiring 'the building, and should the funding for the sign be approved, it should be held pending their permanent location. Vice Mayor Hornbuckle stated that the request should not be approved until the status of the location is stabil- ized. Council Member Amburgey mentioned that there are four items regarding child care and suggested that these items be directed to the Child Care Committee. Mayor Buffa agreed with having future grant requests directed to the Child Care Committee for a recommenda- tion to Council. Vice Mayor Hornbuckle felt Item 10, Imagination Celebra- tion, should be referred to the Cultural Arts Committee. Council Member Amburgey recommended that Item 6, Costa Mesa Sister Cities, be continued until the City receives an accounting of last year's profits from its fair. As to Item 11, Newport -Mesa Schools Foundation, he did not feel this was a City responsibility since it appears to be a school district grant; and Item 12, Orange County Cop Bowl, information was not received regarding insurance. Referring to Council Member Amburgey's statements, Mayor Buffa disagreed with his comments regarding Item 11 as it is not a school district fund; it is directed and administered by community members who serve as board members for the foundation whose specific goal is to raise funds by which educational projects for grades K through 12 are funded. He stated that these projects are unique and are not funded by the school district. He further stated that the Newport -Mesa Unified School District does provide office space but does not offer them any other support. .MOTION On motion by Council Member Amburgey, seconded by Funds Approved for Council Member Glasgow, funds were approved for Item 2, College Park College Park Elementary School, $250.00; Item 4, Costa Elementary School/ Mesa Little League, $3,500.00; Item 5, Costa Mesa High Costa Mesa Little School Tall Flags, $3,000.00; Item 15, We Tip, Incorpor- League/Costa Mesa ated, $3,675.00; and Item 2, Advertising Account, Costa High School Tall Mesa Chamber of Commerce, $1,700.00. The motion carried Flags/We Tip/ by the following roll call vote: Chamber of Commerce AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None A motion by Council Member Amburgey to approve funding for Item 1, AYSO Costa Mesa Region, in the amount of $5,000.00. The motion died for lack of a second. MOTION On motion.by Mayor Buffa, seconded by Council Member Funds Approved Glasgow, funds were approved for Item 1, AYSO Costa Mesa for AYSO Costa Region, in the amount of $7,000.00. The motion carried Mesa Region by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle Genis, Glasgow NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None MOTION Request from Costa On motion by Vice Mayor Hornbuckle, seconded by Council Mesa Chamber Child Member Glasgow, Item 3, request from the Costa Mesa Care referred to Chamber Child Care Study was referred to the Child Care Child Care Committee Committee. The motion carried 5-0. MOTION On motion by Mayor Buffa, seconded by Council Member Costa Mesa Sister Amburgey, Item 6, request from Costa Mesa Sister Cities Cities Request was continued to May 15, 1989, until information is Continued to received on last year's event. The motion carried May 15, 1989 5-0. A motion by Council Member Amburgey, to approve Item 7, a request for $2,000.00 for the Estancia High School PTSA Grad Night, died for lack of a second. MOTION On motion by Mayor Buffa, seconded by Council Member Funds for Estancia Glasgow, $3,000.00 each was approved for Estancia High and Costa Mesa School and Costa Mesa High School Grad Nights. The Grad Nights motion carried by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION/Fairview Preschool and Fair- On motion by Council Member Amburgey, seconded by view Employees' Council Member Genis, Item 8, Fairview Community Pre - Child Care Center school, and Item 9, Fairview Employees' Child Care Referred to Child Center, were referred to the Child Care Commitee for Care Committee recommendation. The motion carried 5-0. MOTION/Imagination On motion by Council Member Amburgey, seconded by Celebration Refer- Council Member Genis, Item 10, Imagination Celebration, red to Cultural was referred to the Cultural Arts Committee for recom- Arts Committee mendation. The motion carried 3-2, Council Members Buffa and Glasgow voting no. A motion by Council Member Amburgey to deny Item 11, Newport -Mesa Schools Foundation. The motion died for lack of a second. MOTION On motion by Mayor Buffa, seconded by Council Member Funds Approved Glasgow, $5,000.00 was approved for the Newport -Mesa for Newport -Mesa Schools Foundation. The motion carried by the following Schools Foundation roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Canis, Glasgow NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None A motion by Council Member Amburgey to continue Item 12, Orange County Cop Bowl, for further information, died for lack of a second. Council Member Glasgow stated the Cop Bowl had raised $200,000.00 this year and does not know why more funds were requested. The City Manager stated that the process started a few years ago as a result of extensive injuries on officers involved in games, with the City paying out large sums for injuries. He mentioned that even though the City had insurance, the organization was advised to have special events coverage so it whould not be subsidized by taxpayers. Mayor Buffa felt more clarification was needed on how this money is used. Council Member Amburgey stated that although the Cop Bowl is worthwhile since a great deal of the proceeds are used for youth activites and scholarships at local high schools; however, because of the Gann limit and operating costs, it is necessary to address the expendi- tures of the City. MOTION A motion was made by Council Member Amburgey, seconded by Request from Orange Council Member Glasgow, and carried 3-2, Councll Members County Cop Bowl Buffa and Hornbuckle voting no, denying the request for Denied funds from Orange County Cop Bowl (Item 12). Vice Mayor Hornbuckle stated that the Cop Bowl is a very worthwhile program and she was glad the City is involved. She stated that she would be comfortable approving the grant and felt confident that Cop Bowl could provide the necessary information. Mayor Buffa stated that Cop Bowl did not provide informa- tion last year when it was requested, and Council must know where the money will be spent. Council Member Genis expressed her desire to have more information. MOTION/Orange On motion by Mayor Buffa, seconded by Council Member County Development Amburgey, and carried 5-0, Item 13, Orange County Devel- Council Held Over opment Council, was continued for 30 days or until Orange County Development Council forwards some resolution of their building situation. MOTION/Funds for On motion by Mayor Buffa, seconded by Council Member Parents Without Glasgow, and carried 5-0, the request for funding for Partners Denied Item 14, Parents Without Partners, was denied. MOTION/Funds for On motion by Mayor Buffa, seconded by Council Member Building Owners Genis, and carried 5-0, funds from the Advertising and Managers/ Account for Item 1, Building Owners and Managers Asso- Creative Network and ciation; Item 3, Creative Network; and Item 4, We Tip, We Tip Denied were denied. Carolyn King, 766 Wilson Street, Cosa Mesa, a Tall Flag Instructor at Costa Mesa High School, thanked Mayor Buffa and the City for their financial support. She reported that Costa Mesa's Tall Flag Team took 7th place in the nation and first place in Southern California. Mayor Buffa expressed his appreciation for their fine efforts, and also apologized for her having to wait for six hours to speak. CITY ATTORNEY The Assistant City Attorney recommended settlement of REPORTS the claim of Charles Grover as outlined in her memoran- dum of April 28, 1989. She suggested that if additional Grover Claim information is required, discussion take place in a closed session. MOTION On motion by Council Member Amburgey, seconded by Settlement Council Member Glasgow, authorization was given to Authorized settle the claim as as outlined in the memorandum dated April 28, 1989. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Ordinance 88-21 The Assistant City Attorney requested that an amendment Solicitation Fran to the Ordinance 88-21, regarding solicitation from Public Streets public streets be continued. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Continued to Council Member Genis, and carried 5-0, to continue this May 15, 1989 item to the meeting of May 15, 1989. Time for Presen- The Assistant City Attorney presented an amendment to tation of Claims Section 2-185.2 of the Costa Mesa Municipal Code regard- ing the time for.presentation of claims. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 89-13 Member Amburgey, Ordinance 89-13, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING SECTION 2-185.2 OF THE COSTA MESA MUNICIPAL CODE REGARDING TIME FOR PRESENTATION OF CLAIMS, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sid Soffer, 900 Arbor Street, Costa Mesa, stated that ordinances pertaining to claims are somewhat misleading and that they should have a notation included that civil right actions do not require filing a claim. Narcotic The Assistant City Attorney presented an ordinance Forfeiture amending Title 14 of the Costa Mesa Municipal Code Fund relating to the narcotic forfeiture fund. MOTION On motion by Coucil Member Amburgey, seconded by Vice Ordinance 89-14 Mayor Hornbuckle, Ordinance 89-14, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading AMENDING TITLE 14 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE NARCOTIC FORFEITURE FUND, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: None Council Member Glasgow stated expenditures should be in relation to narcotic enforcement and should be specified in the Ordinance. The Assistant City Attorney stated she was instructed by the City Attorney to advise the Council that should they want to restrict funds, to give instructions to staff rather than stating it in an ordinance, so that if Council wanted to make any changes, they would not have to go through the formalities of an ordinance amendment. She mentioned that Council also has control through the budget process. Responding to Vice Mayor Hornbuckle's question, the City Manager stated that the money from narcotic forfeitures can be used for any law enforcement purpose, and it is not restricted to narcotics. The expenditures at this time are not under any specific department; in this Ordinance it is listed under the City's normal budget and expenditure process and anything over $5,000 would be approved by Council, anything under $5,000 to be approved by the City Manager. Vice Mayor Hornbuckle stated she would be amenable to developing a policy where the funds should be used for narcotic related issues. She requested that this be considered on a future study session agenda. Mayor Buffa stated that it was a good idea, but he would prefer letting some time pass because there are other areas where the funding is needed. CITY MANAGER REPORTS There were no reports from the City Manager. COUNCIL MEMBERS Council Member Amburgey commented on the SOS newsletter COMMENTS he received and was disappointed in the half truths that SOS Newsletter were printed. Adjourrm►ent The Mayor declared the meeting adjourned at 12:30 a.m. Mayor of the City tfUosta Mesa ATTEST: •e4&A4JV City Clerk of the City of Costa M a