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HomeMy WebLinkAbout07/03/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 3, 1989 The City Council of the City of Costa Mesa, California, met in regular session July 3, 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 Vice Mayor Hornbuckle. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Members Absent: Officials Present: Council Member Edward Glasgow City Manager Allan Roeder Assistant City Attorney Eleanor Frey Assistants to the City Manager Rick Pickering and Ann Gyben City Clerk Eileen Phinney Associate Planner Kimberly Brandt MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council June 19, 1989 Member Amburgey, and carried 4-0, Council Member Glasgow absent, the minutes of the regular meeting of June 19, 1989, were approved as distributed. ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 4-0, Council Member Glasgow absent, to read all ordinances by title only. ORAL Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, COMMUNICATIONS referenced an article in the Costa Mesa Independent Newspaper in which the Newport -Mesa Unified School Gang Problems District admitted that it is encountering gang -related in Schools problems in the schools. Hogan-Shereshevsky Anne Hogan-Shereshevsky, 2152 Elden Avenue, Apartment Comments No. 1, Costa Mesa, commented on the following subjects: People purchasing houses on Victoria Street, which have been acquired by the City for the street widening project, having to pay to move the structures to another location. Excessive use of eminent domain, especially in the Downtown Redevelopment Area. The possible impact of a proposed shopping center adjacent to a care facility for seniors on Fairview Road near Wilson Street. Fairgrounds Use of Jean Brown, 1951 Presidio Drive, Costa Mesa, spoke about Parking at Maude the Orange County Fairgrounds leasing space at Maude Davis School Davis School for parking purposes, and was concerned with large trucks exiting the site via the Mesa del Mar Tract. The City Manager responded that the City has no jurisdiction over School District property. Mayor Buffa requested that the City Manager investigate the matter. CONSENT CALENDAR The following item was removed from the Consent Calendar: Item 10, Resolution committing local funds for seven traffic projects on I-405. C 1 On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow WRITTEN COMMUNICATIONS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 4-0, Council Member Reading Folder Glasgow absent, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Robert E. Corrigan; Earlene S. Freeman; and Brent A. Metfessel. Public Utilities Notice that Application No. 89-06-020 has been filed Commission by Southern California Gas Company with the Public Utilities Commission. The application documents gas purchasing and storage operations for the period April 1, 1988, through March 31, 1989. SET FOR PUBLIC HEARING On motion by Council Member Amburgey, seconded by Vice Vertical Antennas Mayor Hornbuckle, and carried 4-0, Council Member Glasgow absent, a public hearing was set for July 17, MOTION 1989, at 6:30 p.m., to consider an ordinance amending Hearing Set for Title 13 of the Costa Mesa Municipal Code modifying July 17, 1989 regulations and permit procedures for vertical antennas. Environmental Determination: Exempt. Tn�NTS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1434, including MOTION Payroll 8913, and Warrant Resolution 1435 were approved Warrants 1434 by the following roll call vote: and 1435 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow REJECTED CLAIMS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 4-0, Council Member Minor Glasgow absent, the claim from Alis J. Minor was rejected. Powell On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 4-0, Council Member Glasgow absent, the claim from Francesca Powell was rejected. Mercury Casualty/ On motion by Council Member Amburgey, seconded by Vice Seabaugh Mayor Hornbuckle, and carried 4-0, Council Member Glasgow absent, the claim from Mercury Casualty Insur- ance Company/Scott Seabaugh was rejected. Stout On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 4-0, Council Member Glasgow absent, the claim from John C. Stout was rejected. ADMINISTRATIVE Bids received for Bid Item No. 853, Revision "A", Window ACTIONS Frames for the Downtown Community Center, are on file in the Clerk's office. On motion by Council Member Bid Item No. 853 "A" Amburgey, seconded by Vice Mayor Hornbuckle, the Window Frames contract was awarded to American Balboa Glass Company, 1671 Placentia Avenue, Costa Mesa, for $11,598.00. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Awarded to American Amburgey, Genis Balboa Glass NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Bid Item No. 854 Bids received for Bid Item No. 854, Maintenance Contract Maintenance of for Traffic Signals and Controllers, are on file in the Signals and Clerk's office. On motion by Council Member Amburgey, Controllers seconded by Vice Mayor Hornbuckle, the contract was awarded to Traffic Systems, Incorporated, 5760 Lamar, MOTION Arvada, Colorado, for an annual cost of $146,475.05._ Awarded to Traffic The motion carried by the following roll call vote: Systems AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Bid Item No. 855 Bids received for Bid Item No. 855, One Used Vehicle, One Used Vehicle are on file in the Clerk's office. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the MOTION contract was awarded to National Car Rental, 9419 Awarded to National Airport Boulevard, Los Angeles, for $10,441.00. The Car Rental motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Sole Source Staff recommended purchase of software and computer Purchase of programming for the public safety computer system in Computer Software the Police Departtnent from sole source vendor, Tiburon, from Tiburon Incorporated, 39125 Liberty Plaza, Suite 223, Fremont, for $15,700.00. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the purchase was MOTION approved by the following roll call vote: Purchase Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Agreement with PRC Staff recommended approval of an agreement with PRC Public Management Services, 185 Berry Street, Suite Computer Hardware 3808, San Francisco, to maintain the hardware of the new Maintenance public safety computer system for five years. On motion by Council Member Amburgey, seconded by Vice Mayor MOTION Hornbuckle, the agreement was approved, and the Mayor Agreement Approved and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Notice of Completion The Measure "C" Parkway Maintenance 1988-89 project has Measure "C" Parkway been completed to the satisfaction of staff by B-1 Maintenance 1988-89 Enterprise Corporation, Post office Box 714, Rancho, Cucamonga. On motion by Council Member Amburgey, B-1 Enterprise seconded by Vice Mayor Hornbuckle, the improvements were accepted; the Clerk was authorized to file a Notice MOTION of Completion; authorization was given to release Improvements $31,577.14 of retention funds immediately thereafter; Accepted the Labor and Material Bond was ordered exonerated 7 months thereafter; the Performance Bond was ordered exonerated 12 months thereafter; and staff was directed to withhold $49,746.69 of retention funds per stop notices on file. The motion carried by the following roll call vote: �1 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow MOTION/Russell A motion was made by Council Member Amburgey, seconded Appointed to Senior by Vice Mayor Hornbuckle, to appoint Sallie C. Russell Citizens Committee as an alternate member on the'Senior Citizens Committee. The motion carried 4-0, Council Member Glasgow absent. Traffic Item 10 on the Consent Calendar was presented: Resolu- Improvements tion committing local funds for seven traffic circula- on I-405 tion improvement projects on Interstate 405. Council Member Genis believed that some of these improvements were to be constructed by Arnel Develop- ment as conditions of approval of its project; however, the Assistant City Manager explained that the improve- ments to which she was referring are contained in the item under City Manager Reports: State -Local Trans- portation Demonstration Program. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 89-160 Member Amburgey, Resolution 89=160, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, COMMITTING TO PROVIDE LOCAL FUNDING FOR SEVEN (7) TRAF- FIC CIRCULATION IMPROVEMENT PROJECTS ON INTERSTATE 405, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow ANNOUNCEMENT Mayor Buffa announced that the following items will be Items to be heard out of order because they will be continued to Continued future Council meetings: Old Business Nos. 1 and 1(a), Ordinance 89-18 and a resolution concerning police services user fees; New Business No. 2, Recommendations for through traffic volume and speed reduction measures; New Business No. 3(a) HCDA Ad Hoc Committee recommenda- tions for 1989-90 block grant and general revenue shar- ing funds; and New Business No. 5, Recommendations from the Cultural Arts Committee concerning allocation of cultural arts funds in the amount of $175,000.00 OLD BUSINESS The Clerk presented Ordinance 89-18 for second reading Police Services and adoption: AN ORDINANCE OF THE CITY COUNCIL OF THE User Fees CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 2 OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH REGULATORY FEES NOT COVERED BY THE CALIFORNIA STATUTES OR OTHER PRO- VISIONS OF THE COSTA MESA MUNICIPAL CODE. The Clerk also presented a resolution instituting new police services user fees. Motion Made to A motion was made by Vice Mayor Hornbuckle, seconded by Continue for Two Mayor Buffa, to continue these items to the meeting of Weeks July 17, 1989. SUBSTITUTE MOTION After discussion, a substitute motion was made by Mayor Continued to Buffa, seconded by Vice Mayor Amburgey, to continue July 17, 1989; these items to July 17, 1989, and staff was directed to Ordered Removal of remove the Emergency Aid Fee from Ordinance 89-18. The Emergency Aid Fee motion carried 4-0, Council Member Glasgow absent. Council Member Genis made a motion directing staff to provide information on what the fees would have to be for cats or other types of pets so that a percentage of cost recovery commensurate to that recovered for dog L3 f ; related activities is recovered for other types of animals. The motion died for lack of a second. MOTION A motion was made by Mayor Buffa, seconded by Council Staff Directed to Member Genis, directing staff to provide an analysis Provide Animal of the percentage of cost recovery for dogs versus Fee Analysis other animals, and information on fee adjustments to make recoveries equitable. The motion carried 3-1, Council Member Amburgey voting no, Council Member Glasgow absent. NEW BUSINESS The Clerk presented staff's recommendation for through. Through Traffic traffic and speed reduction measures: Volume and Speed Reduction Measures Guidelines for installation of speed humps, and direc- tion to staff to work through the Transportation Commission to recommend location(s) for trial imple- mentation. Review alternative measures to reduce through traffic volumes and speeds in residential neighborhoods, and provide policy direction. MOTION Mayor Buffa made a motion to continue this item to the Continued to meeting of August 7, 1989, and directed staff to provide August 7, 1989; a summary of the experience of other cities, namely, the Staff Directed to cities of Thousand Oaks, Redondo Beach, and Pasadena, Provide a Summary regarding the use of speed humps, especially in the area of reduction or increases in accident rates, including bicycle accidents; and to provide information on the speed monitoring radar message signs. The motion car- ried 4-0, Council Member Glasgow absent. NEW BUSINESS The Clerk presented recommendations from the Housing HCDA 1989-90 Block and Community Development (HCH) Ad Hoc Committee for Grant and Revenue allocation of 1989-90 Block Grant and General Revenue Sharing Funds Sharing public service grants. MOTION A motion was made by Council Member Genis, seconded by Continued to Mayor Buffa, to continue this item to the meeting of August 7, 1989 August 7, 1989. The motion carried 4-0, Council Member Glasgow absent. NEW BUSINESS The Clerk presented recommendations from the Cultural Cultural Arts Arts Committee concerning allocation of cultural arts Funds funds in the amount of $175,000.00. MOTION A motion was made by Mayor Buffa, seconded by Council Continued to Member Amburgey, to continue this item to the meeting July 17, 1989 of July 17, 1989, and directing staff to provide the entire application, or a summary of the application, from those organizations requesting funds. The motion carried 4-0, Council Member Glasgow absent. PUBLIC HEARING The Clerk announced that this was the time and place set Orange County Solid for the public hearing to consider a resolution approv- Waste Management ing the final draft of the County of Orange Solid Waste Plan Management Plan. The Affidavit of Publication is on file with the Clerk's office. No communications were received. The Associate Planner summarized her memorandum dated June 26, 1989, reporting that State law requires an updated plan every three years. Vice Mayor Hornbuckle asked if there were any data on the Costa Mesa Sanitary District's recycling plan. The Assistant to the City Manager responded that the Sani- tary District proposal should be available in approxi- mately one month. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 89-161 Member Cenis, Resolution 89-161, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE FINAL DRAFT OF THE ORANGE COUNTY SOLID TASTE MANAGEMENT PLAN, PREPARED BY THE COUNTY OF ORANGE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Conis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow OLD BUSINESS The Clerk presented Ordinance 89-19 for second reading Drinking in Public and adoption. The ordinance prohibits drinking alco- holic beverages in public places except in any area of a public park where drinking has been expressly approved by the City Council or its designee, and is so posted. MOTION On motion by Council Member Amburgey, seconded by Vice Ordinance 89-19 Mayor Hornbuckle, Ordinance 89-19, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 11 OF THE COSTA MESA MUNICIPAL CODE RELATING TO DRINKING IN PUBLIC, was given second read- ing and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, C-enis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow OLD BUSINESS The Clerk presented Ordinance 89-20 for second reading In-house Settlement and adoption. The ordinance concerns settlement of of Certain Claims certain claims by in-house personnel. The Assistant City Attorney reported that the ordinance would provide for the City's Risk Manager, with the approval of the City Attorney, to allow, compromise, or settle any tort claim for a sum not to exceed $1,000.00. MOTION On motion by Council Member Amburgey, seconded by Vice Ordinance 89-20 Mayor Hornbuckle, Ordinance 89-20, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING COSTA MESA MUNICIPAL CODE SECTION 2-189 CON- CERNING SETTLEMENT OF CERTAIN CLAIMS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow NEW BUSINESS The Clerk presented a request for rehearing from Ken Request for Hutchins, 340 Costa Mesa Street, Costa Mesa, concerning Rehearing of Council's decision to require paving of a portion of the ZA-88-06A from alley (Condition No. 9) for Zoning Action ZA-88-06A. Hutchins A letter was received from Frank McDonald, 318 Costa Mesa Street, requesting that Council delete the require- ment to pave the alley. Ken Hutchins stated that he was not disputing Council's decision; however, he has been advised by the Engineer- ing staff that the alley has not been engineered as yet. At the request of Vice Mayor Hornbuckle, the Assistant to the City Manager explained that the 110 feet of alleyway which Mr. Hutchins is required to pave must be constructed in accordance with City standards, and the cost of the project will be approximately $8,800.00, not $14,000.00 as Mr. Hutchins had calculated. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Rehearing Denied Council Member Amburgey, to deny the request for a rehearing of Zoning Action ZA-88-06A. The motion car- ried 4-0, Council Member Glasgow absent. Mr. Hutchins commented that he will proceed with the project as soon as staff has completed the engineering work. NEW BUSINESS The Clerk presented two items concerning recommendations Public Hearing to for 1989-90 Housing and Community Development (HCDA) Receive Comments Block Grant funds and General Revenue Sharing funds: regarding HCDA Block Grant Funds; Public hearing to invite comments regarding the and Community Development Block Grant fund application and Scope of HCDA Ad proposed final statement for 1989-90; and submittal of Hoc Conunittee's the Community Development Block Grant application to Function the United States Department of Housing and Urban Development. Determine whether the scope of the Ad Hoc Community Development Committee's function should include periodic review of public service grant recipients' use of grant funds. The City Manager referred to his memorandum of June 27, 1989, reporting that the fiscal year 1989-90 Community Development Block Grant application totals $809,000.00. Howard Minder, 432 East 18th Street, Costa Mesa, was present to speak in support of the application for funds from FISH/Harbor Area, Incorporated (emergency assist- ance ssistance and meals). Mayor Buffa advised Mr. Minder that the item concerning public service grants had been continued to the meeting of August 7, 1989, suggesting that it would be more beneficial for him to speak at that time. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Approved Submittal by Council Member Amburgey, approving the Community of Block Grant Development Block Grant application, and authorizing Application to HUD its submittal to the United States Department of Housing and Urban Development (HUD). The motion carried 470, Council Member Glasgow absent. During discussion regarding the scope of the HCDA Ad Hoc Committee function, Vice Mayor Hornbuckle stated that it would be a good idea to have the Committee conduct a periodic review of public service grant recipients' use of funds; however, she believed that the City Manager and City Attorney should investigate whether this action would be in conflict with other HUD regulations (such as HUD regulations pertaining to confidentiality of records), as pointed out in the City Manager's aforementioned memorandum. Vice Mayor Hornbuckle suggested that it would be helpful if the Committee were to review the programs at the sites where services are being offered. No action was required on the scope of the Ad Hoc Committee function. NEW BUSINESS The Clerk presented a request from staff to appoint a Appointment to member to the Child Care Committee to fill a vacancy Child Care Committee created by the resignation of Thomas Bell. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Hauck Appointed Council Member.Amburgey, to appoint Richard S. Hauck to the committee. The motion carried 4-0, Council Member Glasgow absent. NEW BUSINESS The Clerk presented information regarding pending Promo - Promotion and tional and Advertising grants. Advertising Grants The Assistant to the City Manager referred to her memor- andum dated June 29, 1989, reporting that in April, 1989, Council approved funding for 8 of 19 applicants recommended by Mayor Buffa and Council Member Glasgow. She requested that Council determine which, if any, of the remaining applications are to be funded. Council Member Amburgey suggested that the Costa Mesa Sister Cities 1989 Festival (Item 2 in the memorandum) should be funded through cultural arts grants. In reference to Item 7, Orange County Community Develop- ment Council, Council Member Amburgey reported that he received information that this organization may be mov- ing to another location, and if this were the case, the sign, for which funds were requested, may not be needed. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Chamber of Council Member Amburgey, withdrawing the request for Commerce Request funds from the Costa Mesa Chamber of Commerce because Withdrawn the funds are no longer required. The motion carried 4-0, Council Member Glasgow absent. Motion to Approve A motion was made by Vice Mayor Hornbuckle to approve Sister Cities' $3,000.00 for the Sister Cities 1989 Festival. The Request Died for motion died for lack of a second. Lack of a Second Council Member Amburgey made a motion to deny a grant MOTION from the,Promotion and Advertising funds for the Sister Funds for Sister Cities 1989 Festival, and suggested that the festival Cities Festival be conducted under the auspices of Arts on the Green Denied along with the Chamber of Commerce. The motion was seconded by Mayor Buffa, and carried 3-1, Vice Mayor Hornbuckle voting no, Council Member Glasgow absent. Motion Made to Deny A motion was made by Council Member Amburgey, seconded Funds for Fairview by Mayor Buffa, to deny the request for $3,000.00 from Community Preschool Fairview Community Preschool. Council Member Genis asked why the recommendation from Mayor Buffa and Council Member Glasgow was to deny this request, but recommended approval of $3,000.00 for the Fairview Employees' Child. Care Center. Mayor Buffa responded that Fairview Community Preschool is affiliated with a church, while Fairview Employees' Child Care Center is at a public facility, and they were hesitant to fund a church -affiliated preschool. SUBSTITUTE MOTION After brief discussion, a substitute motion was made by Fairview Community Mayor Buffa, to continue this item to the meeting of Preschool Request July 17, 1989. The motion was seconded by Council Continued to Member Amburgey, and carried 4-0, Council Member Glasgow July 17, 1989 absent. Council Member Cenis requested information on the number of children attending Fairview Community Preschool, as well as the number attending the Fairview Employees' Child Care Center. T The City Manager suggested that it may be appropriate to make grants to the child care centers from public services grant funds. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Fairview Employees' Council Member Amburgey, to continue the request from Child Care Request the Fairview Employees' Child Care Center to the meeting Continued to of July 17, 1989. The motion carried 4-0, Council July 17, 1989 Member Glasgow absent. MOTION A motion was made by Mayor Buffa, seconded by Vice Mayor Funds Approved Hornbuckle, to approve a grant of $5,000.00 to Imagina- for Imagination tion Celebration. Celebration Vice Mayor Hornbuckle suggested that in the future, this program should be supported by cultural arts funds. The motion to approve the funds carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Motion to Approve A motion was made by Vice Mayor Hornbuckle, seconded by Funds for Cop Council Member Genis, to approve $3,000.00 for the Bowl Withdrawn Orange County Cop Bowl. Council Member Amburgey mentioned that it was his under- standing that grants for this program were to be used to offset the cost of insurance. He was discouraged by the fact that more than 50 percent of the net income gener- ated by the Cop Bowl is funneled to the private enter- prise that provides advertising for the event. Vice Mayor Hornbuckle mentioned that she failed to refer to her notes before making the motion to approve the funds, and commented that she did not find insurance listed on the Cop Bowl Revenue/Expense Statement. The City Manager commented that he also noticed that insur- ance costs were absent from the statement. Vice Mayor Hornbuckle withdrew her motion, and requested that in the future, when another request for funds is received from the Cop Bowl, that Council be provided the oppor- tunity to ask additional questions because, as in this case, the information is not adequate. Mayor Buffa stated that in the Cop Bowl Budget, an item listed under "Expenses" shows contributions in the amount of $18,466.56; however, it does not specify the nature of those disbursements. The Mayor felt there were many questions that needed to be answered. MOTION A motion was made by Council Member Amburgey, seconded Cop Bowl Request by Vice Mayor Hornbuckle, to deny the request for funds Denied from the Orange County Cop Bowl. The motion carried 4-0, Council Member Glasgow absent. Motion to Deny Funds A motion was made by Vice Mayor Hornbuckle to deny the for OC Community the request for $3,000.00 from the Orange County Commun- Development Died ity Development Council for purchase of a sign. The for Lack of a Second motion died for lack of a second. MOTION A motion was made by Council Member Amburgey, seconded Funds Approved by Mayor Buffa to approve a grant of $3,000.00 for an with Stipulation Orange County Community Development Council sign pro- vided that the organization remains in Costa Mesa. The motion carried 3-1, Vice Mayor Hornbuckle voting no, Council Member Glasgow absent. NEW BUSINESS The Clerk presented an ordinance amending Title 11 of Removal of the Costa Mesa Municipal Code to include a provision Graffiti defining graffiti and allowing for its removal. .The Assistant to the City Manager reviewed her memoran- dum dated June 29, 1989, and requested feedback from Council on any desired modifications. Council Member Genis questioned the use of the word "obnoxious" as a description for "graffiti", contending that it may be arbitrary and capricious. The Assistant City Attorney commented that "obnoxious" is used in the State statute that authorizes ordinances of this nature, and is contained in the statute's operative language which specifically authorizes removal of obnoxious graffiti. Responding to Council Member Genis's concern about the City's removing graffiti with the approval of a tenant only, the Assistant City Attorney stated that in almost every case, it would be proper to proceed with only the tenant's signature since the tenant is the only one who has the right to immediate possession of the property. Council Member Amburgey stated that the purpose of the ordinance is not necessarily to restrict or regulate the property owner or tenant who is willing to allow the City to remove the graffiti, but the substance of the ordinance is contained in Article 3, Maintenance of Graffiti Prohibited. Council Member Amburgey felt 30 days was too long to wait before the City could take steps to remove the graffiti. Referring to Article 4 of the Ordinance, Council Member Amburgey suggested removing "Leisure Services Director" wherever mentioned, and to retain "City Manager designee". Council Member Genis recommended that a determination be made on the difference between murals and graffiti. Vice Mayor Hornbuckle suggested amending the ordinance to include the words "except legitimate murals". She also commented that the letter proposed to be sent to property owners and tenants was not forceful enough, and that the 30 -day waiting period was too long. Motion to Continue A motion was made by Council Member Amburgey to continue for Two Weeks Died this item for two weeks, to direct the Assistant City for Lack of a Attorney to concentrate on Article 3 to determine if the Second 30 -day waiting period can be reduced, and to provide some remedy for removal of graffiti without relying on court action. The motion died for lack of a second. Further discussion ensued regarding the issues which were raised previously, and the extent to which the ordinance could be amended after its first reading, without having to repeat the entire process. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by. Ordinance 89-21 Mayor Buffa, to give first reading to Ordinance 89-21, Given First AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA Reading MESA, CALIFORNIA, AMENDING TITLE 11 OF THE COSTA MESA MUNICIPAL CODE TO INCLUDE A PROVISION DEFINING GRAFFITI AND ALLOWING FOR ITS REMOVAL, stipulating the following changes: Add "excepting legitimate murals" in the paragraph on Page 1 which defines the meaning of graffiti, insert- ing nserting that phrase after the words "private ownership"; and do likewise in Article 2, Page 2. Shorten the waiting period for removal of graffiti from 30 days to 15 days (Article 3). Remove "Leisure Services Director" in Article 4. Council Member Genis agreed that it was necessary to remove graffiti; however, she felt that the ordinance may be unconstitutional. The motion to give first reading to Ordinance 89-21 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: Glasgow CITY MANAGER At the request of the City Manager, the Mayor announced REPORT/Request for that a closed session will be held at the end of regu- Closed Session lar business to discuss personnel matters. CITY MANAGER The City Manager requested authorization to enter into REPORT/Removal of agreements to survey and remove asbestos materials from Asbestos from houses on Victoria Street which were acquired by the Houses on Victoria City for the Victoria Street widening project. Street The City Manager summarized his memorandum of June 30, 1989, explaining that Federal regulations require that structures be surveyed to determine whether asbestos - materials exist, and if these materials are found, they must be removed by a licensed asbestos contractor prior to demolition. The City Manager stated that in order to expedite demolition or relocation of the structures, he was requesting authority to obtain a contractor to survey the units and to remove any asbestos materials. MOTION Vice Mayor Hornbuckle made a motion authorizing the City Authorized City Manager to enter into agreements for survey and removal Manager to Enter of asbestos materials related to the Victoria Street into Survey and widening project. The motion was seconded by Council Removal Agreements Member Amburgey, and carried 4-0, Council Member Glasgow absent. CITY MANAGER The City Manager presented a resolution relating to REPORT/State-Local State -Local Transportation Demonstration Program appli- Transportation cations and authorizing the Transportation Services Program Manager to file applications. The Assistant to the City Manager summarized the City Manager's memorandum dated June 30, 1989, reporting that under.Senate Bill 140, the State is required to set aside approximately $300 million for transportation enhancements throughout the State. He stated that staff has complied with the State process and submitted appli- cations prior to the deadline of June 30, 1989, and requested that Council retroactively adopt a resolution which allows staff to sign those applications. The Assistant to the City Manager referenced 10 projects listed in the aforementioned memorandum for which appli- cations were submitted: Victoria Street; South Coast Drive northbound offramp; Fairview Road offramps; south- bound I-405 to I-73 connector; South Coast Drive north- bound onramp; Bear Street overcrossing; Bristol Street southbound offramp widening; Harbor Boulevard southbound onramp; Harbor Boulevard/South Coast Drive; and Harbor Boulevard/Gisler Avenue. Council Member Genis asked to what extent any of this grant money might be replacing money which was required as a condition of approval on a particular project. r c� The Assistant to the City Manager responded that there are two projects which were included in the Development Agreement for the Arnel Metro Pointe project: South Coast Drive northbound offramp and Fairview offramps. He reported that Arnel must pay approximately $12.5 million in trip fees; however, the need for these projects were identified prior to the Development Agree- ment, and the trip fees being paid by Arnel will be used for other transportation improvements. Council Member Genis asked if the Arnel trip fees were restricted to certain improvements, and the Assistant to the City Manager responded that the funds are not neces- sarily restricted. Council Member Genis was of the opinion that the Development Agreement specifies that the trip fees were to be used for specific improvements and if funding were found elsewhere, the developer would not have to pay that amount received from other sources. MOTION A motion was made by Council Member Amburgey, seconded Resolution 89-162 by Vice Mayor Hornbuckle, to adopt Resolution 89-162, Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RECOGNIZING STATE -LOCAL TRANSPORTATION DEMONSTRATION PROGRAM APPLICATIONS AND AUTHORIZING THE TRANSPORTATION SERVICES MANAGER TO FILE APPLICATIONS. Council Member Genis stated that she realized the importance of filing these applications for funds; how- ever, she felt that by including certain projects which really should be funded elsewhere, the City may be diminishing the chances of other projects obtaining the needed funding. The motion to adopt Resolution 89-162 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: Glasgow COUNCIL MEMBERS Council Member Genis referred to a memorandum from the COMMENTS City Attorney on keeping pornography from minors, and although the report states that the City has limited Pornographic authority due to certain Constitutional issues, as well Materials in as State and Federal laws, it does have the authority to Newsracks install blinders on newsracks which contain material considered to be obscene. She stated that she would like to see staff's draft ordinance introduced and pursued as quickly as possible. Vice Mayor Hornbuckle concurred with comments made by Council Member Canis regarding regulation of pornography in newsracks. The City Manager advised that a report on the enforce- ment of such an ordinance would be submitted to Council shortly. Public's Comments Council Member Genis reported.that over the past months, about Council she has heard uncomplimentary remarks about other Members Council Members, and she wanted to point out to those people that they are not aware of the types of pressures to which Council Members are exposed. Pacific Council Member Amburgey spoke about a suggestion from Amphitheatre a staff member concerning abatement of noise from the Noise Pacific Amphitheatre. He stated that should the court not rule in favor of the citizens of Costa Mesa, staff should conduct a study to determine the legality of the r City's erecting noise amplification systems at TeWinkle Park, directed toward the Amphitheatre, which would emit noise equal to that coming from the Amphitheatre. He felt this would go a long way towards obtaining the cooperation of the Amphitheatre people. Fireworks Council Member Amburgey referred to an incident in Costa Accident Mesa in which a boy was burned by fire works, contending that the injury was not caused by "safe and sane" fire- works, but resulted from the boy's altering the legal fireworks he had purchased. Fairview Hospital Council Member Amburgey requested that staff investigate Housing information he received concerning the developer of the housing at Fairview Hospital making a request to the State Legislature to remove the requirement that only people employed in Costa Mesa are eligible to rent units after employees of the hospital had been accommodated. He reported that the developer's reason for requesting the change is because of the number of retirees who have been attempting to rent the units. Center Tower Vice Mayor Hornbuckle reported on a news release about Office Building the 21 -story Center Tower Office Building in South Award Coast Plaza Town Center being honored by the Building Owners and Managers Association as one of the six best office projects in the United States, and one of the eight best in the world. ADJOURNMENT TO At 8:45 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss personnel matters. MEETING RECONVENED Mayor Buffa reconvened the meeting at 9:45 p.m. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Acting City by Council Member Amburgey, appointing Assistant City Attorney Appointed Attorney Eleanor Frey as Acting City Attorney. The motion carried 4-0, Council Member Glasgow absent. ADJOURNMENT 'The Mayor declared the meeting adjourned at 9:50 p.m. Mayor of the Ci f Costa Mesa ATTEST: City Clerk of the City of Costa Me