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HomeMy WebLinkAbout08/07/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 7, 1989 The City Council of the City of Costa Mesa, California, met in regular session August 7, 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 Pastor Bruce Jeske, Christ Lutheran 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 Officials Present: City Manager Allan Roeder Acting City Attorney Eleanor Frey Deputy City Manager/Development Services Don Lamm Assistants to the City Manager Rick Pickering and Ann Gyben Transportation Services Manager John Lower City Clerk Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council July 17, 1989 Member Amburgey, and carried 5-0, the minutes of the regular meeting of July 17, 1989, were approved as distributed. 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 Janice Davidson, 1982 Arnold Avenue, Costa Mesa, COMMUNICATIONS reported that there has been an enormous response to the flyers which were distributed regarding "We Drugs and Gangs Tip on Drugs and Gangs". SOS Ms. Davidson commented that many of the neighbors are willing to help SOS (Share Our Selves) move from Rea Community Center when a new site has been located. Pedestrian Access Roy Andreen, 2769 Cibola Avenue, Costa Mesa, spoke about on Harbor Boule- the lack of safe pedestrian access on the east side of vard Harbor Boulevard between Baker Street and Adams Ave- nue because there are no sidewalks, and vehicles parked in front of -automobile dealerships force pedestrians to walk in the street. SOS Relocation Pat Schuda, 2895 Palau Place, Costa Mesa, asked if a new site had been found for SOS (Share Our Selves). The City Manager advised her that staff and the SOS Board of Directors have not had a meeting as yet; how- ever, the City is attempting to locate an appropriate site. Phil Morello, 592 Hamilton Street, Apartment No. C, Costa Mesa, suggested moving the financial, food, and clothing distribution division of SOS to the east side. G Council Agenda Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, Items on Cable TV commented that not all Council Agenda items are listed on Cable TV. The City Manager offered to obtain a ,report from staff on the procedure for providing this information to the cablevision people. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 3, Notice of Intention to Appeal or Solicit for Charitable Purpose from Helpline USA; Item 6(h) Claim from Patricia and Victor Passy; and Item 10, Write-off of $22,590.27 in uncollectible Accounts Receivable. On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, 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 WRITTEN On motion by Vice Mayor Hornbuckle, seconded by Mayor COMMUNICATIONS Buffa, Resolution 89-166, A RESOLUTION OF THE CITY (COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZ- Records Destruction ING RECORD DESTRUCTION FOR THE ACCOUNTING DIVISION OF for Accounting THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, Division was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, MOTION Amburgey, Genis, Glasgow Resolution 89-166 NOES: COUNCIL MEMBERS: None Adopted ABSENT: COUNCIL MEMBERS: None Records Destruction On motion by Vice Mayor Hornbuckle, seconded by Mayor for City Attorney ;Buffa, Resolution 89-167, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZ- MOTION ING RECORD DESTRUCTION FOR THE CITY ATTORNEY'S OFFICE Resolution 89-167 OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. Adopted 75-60, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Michele B. Collins; Mark J. Erfurt; Allen R. Jensen; Kevin Moser; Pacific Bell No. JF946-0265; Pacific Bell No. JF946-0385; Pacific Bell No. JF946-0386; Annette Reese; Southern California Gas Company; James Stryker; Stephen J. Toal; and Elinor J. Votaw. Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning Division: Marriott Corpora - Licenses tion, 500 Anton Boulevard. Fireworks Letter from Sean D. Culmer, 1091 Redding Avenue, Costa Prohibition Mesa, requesting that Council prohibit fireworks in the City of Costa Mesa. WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, Warrant Resolutions 1437 and 1438, including Pay - MOTION roll 8915, were approved by the following roll call vote: Warrants 1437 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, and 1438 Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None m 1 REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, and carried 5-0, the claim from Harold L. Alzate Alzate was rejected. Amador On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa,and carried 5-0, the claim from Jose Garcia Amador was rejected. Corrigan On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, and carried 5-0, the claim from Robert E. Corrigan was rejected. Metfessel On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, and carried 5-0, the claim from Brent A. Metfessel was rejected. Muhich On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, and carried 5-0, the claim from Cynthia L. Muhich was rejected. Pearman On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, and carried 5-0, the claim from Anna L. Pearman was rejected. Fontes On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, and carried 5-0, the claim from Elizabeth Fontes, a minor, by her Guardian ad Litem, Patricia Passy, was rejected. Zych ADMINISTRATIVE ACTIONS Change Order "G" and Budget Adjust- ment No. 90-8 for I-405 Access Study by IWA Engineers MOTION/Change Order and Budget Adjust- ment Approved On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, and carried 5-0, the claim from Jeffrey Zych was rejected. Staff recommended approval of Change Order "G" for $40,000.00, and Budget Adjustment No. 90-8 for $40,000.00, in connection with the contract with IWA Engineers, 17390 Brookhurst Street, Suite 100, Fountain Valley, for the I-405 Freeway Access Study Report. On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, the change order and budget adjustment were approved by the following roll call vote: AYES: COUNCIL.MEMBERS: Buffa, Hornbuckle, Amburgey; Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Vice Mayor Hornbuckle, seconded by Mayor No. 90-3 for Buffa, Budget Adjustment No. 90-3 for $3,000.00, to Fairview/Baker provide an additional appropriation for further analysis Intersection of the Fairview Road/Baker Street intersection, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Budget Adjustment Amburgey, Genis, Glasgow Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Transport of Staff -requested that Council ratify a contract with Contaminated Soil Falcon Environmental, Incorporated, 3031 East "I" by Falcon Street, Wilmington, for $10,364.00, to load and trans - Environmental port 835 cubic yards of contaminated soil to the -Santiago Canyon Landfill. On motion by Vice Mayor MOTION Hornbuckle, seconded by Mayor Buffa, the contract was Contract Ratified ratified by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 21 f�ah:J Purchase of ;Staff requested authorization to purchase a mainframe Mainframe Upgraded operating system software upgraded package for approxi - Computer Software mately $74,000.00 from sole source vendor, I.B.M. Package from I.B.M. Corporation, 611 Anton Boulevard, Costa Mesa. On motion 'and Victor by Vice Mayor Hornbuckle, seconded by Mayor Buffa, the MOTION purchase was approved by the following roll call vote: Purchase Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, of complaint to the State Bar Associa- Amburgey, Genis, Glasgow tion to be NOES: COUNCIL MEMBERS: None by the Mayor. The motion carried 5-0. ABSENT: COUNCIL MEMBERS: None Agreement with City Staff recommended approval of an agreement with the City of Santa Ana for of Santa Ana for the City of Costa Mesa to provide heli - Helicopter Services copter patrol services for $200,000.00 per year. On motion by Vice Mayor Hornbuckle, seconded by Mayor MOTION Buffa, the agreement was approved, and the City Manager Agreement and Clerk were authorized to sign on behalf of the City. Approved '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 Conference Advance On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, a Conference Advance for $485.00, for a police MOTION officer to attend the Advanced State Humane Officers Advance Approved Academy in San Diego from August 21 to 25, 1989, was ,approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None BUSINESS PERMIT Item 3 on the Consent Calendar was presented: Notice of ;Intention to Appeal or Solicit for Charitable Purpose Helpline USA from Helpline USA, 22797 Barton Road, No. 172, Grand .Terrace, by telephone and store front solicitation of ,donations from August 21, 1989, through April 30, 1990. 'Council Member Amburgey requested that this item be continued so that -staff could confirm that 75 percent of contributions collected will go to the charitable purpose. MOTION 'On motion by Council Member Amburgey, seconded by Held Over to Council Member Glasgow, and carried 5-0, this item was August 21, 1989 ;continued to the meeting of August 21, 1989. Passy Claim 'Item 6(h) on the Consent Calendar was presented: Claim from Patricia and Victor Passy.. !Council Member Amburgey reported that the attorney who filed the Passy claim, which is based on a traffic accident occurring in the City of Irvine, also filed claims against the cities of Irvine, Santa Ana, Newport Beach, the County of Orange, State of California, and the University of California at Irvine. Council Member Amburgey felt that it was frivolous of the claimant's attorney to file claims against agencies which are obviously not involved with the incident, causing waste of staff time to process the claim. He suggested that the Acting City Attorney draft a letter of complaint to the State Bar Association concerning this matter. MOTION 'A motion was made by Council Member Amburgey, seconded Claim Rejected; 'by Council Member Genis, rejecting the claim of Patricia Letter of Complaint 'and Victor Passy, and directing the Acting City Attorney Authorized ito draft a letter of complaint to the State Bar Associa- tion to be signed by the Mayor. The motion carried 5-0. 23 Write-off of Item 10 on the Consent Calendar was presented: Write-off Uncollectible of uncollectible Accounts Receivable items in the amount Accounts-- of $22,590.27. Receivable Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, commented that the amount of uncollectible money was quite high. The City Manager responded that generally, these funds represent damage to public property by persons who have fled the area.. He mentioned that Council is considering hiring an agency to collect such funds on a percentage basis. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the write-off was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Write-off Amburgey, Genis, Glasgow Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Weed Abatement set for the public hearing to consider the report of the Fire Chief or his designee concerning the 1988-89 Weed Abatement Program. Notice of Public Hearing was posted as required by law. No communications were received. There being no speakers, the Mayor closed the public hearing. MOTION - On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 89-168 Member Glasgow, Resolution 89-168, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS.DESIGNEE, SHOWING THE COST OF REMOVING THE RUBBISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk.presented.Ordinance 89-22 for second reading Regulating Amateur and adoption. The ordinance modifies procedures for Radio Antennas regulation of amateur radio antennas. Arthur Goddard, 2901 Palau Place, Costa Mesa, stated that the organized amateur radio operators are in favor of the ordinance. Stanley Schuda, 2895 Palau Place, Costa Mesa, also spoke in support of the ordinance. MOTION On motion by Council Member Glasgow, seconded by Council Ordinance 89-22 Member Amburgey, Ordinance 89-22, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OP COSTA MESA, CALIFORNIA, AMENDING TITLE 13 OF THE COSTA MESA MUNICIPAL CODE TO MODIFY PROCEDURES REGARDING REVIEW AND REGULATIONS OF AMATEUR RADIO ANTENNAS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented Ordinance 89-24 for second reading Employment and adoption. The ordinance relates to solicitation of Solicitation employment in certain areas of the City. A communication was received from the Costa Mesa Human Relations Committee opposing the ordinance. Rebecca Jurado, Staff Attorney with The American Civil Liberties Union (ACLU) of Southern California, 633 South Bhatto Place, Los Angeles, contended that the ordinance is unconstitutional, overly broad, and unenforceable. !Mayor Buffa quoted sections of the ordinance and dis- agreed with Ms. Jurado's statement. Patricia Schuda, 2895 Palau Place, Costa Mesa, asked about the locations mentioned in the ordinance. Mayor Buffa responded that the sites are those which have had the most problems. ,Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, spoke in support of adopting the ordinance. Phil Morello, 592 Hamilton Street, Costa Mesa, spoke !in favor of the ordinance and suggested policing City parks. Council Member Glasgow advised Mr. Morello that ;the City has three Park Rangers patrolling the parks. MOTION 'A motion was made by Council Member Amburgey, seconded Ordinance 89-24 by Council Member Glasgow, to adopt Ordinance 89-24, Adopted AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA ,MESA, CALIFORNIA, AMENDING THE COSTA MESA MUNICIPAL CODE RELATING TO SOLICITATION OF EMPLOYMENT. Council Member Genis opposed the motion because she ,believed the ordinance was unconstitutional, and that enforcement would be a burden on the Police Department. Vice Mayor Hornbuckle was opposed to the motion because she felt the ordinance infringed upon people's constitu- tional rights. Mayor Buffa did not believe the ordinance was unconsti- tutional, and commented that having men stand around on street corners, in parks, and on private property is not ,an acceptable situation. The motion to adopt Ordinance 89-24 carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle, Genis ABSENT: COUNCIL MEMBERS: None OLD BUSINESS 'The Clerk presented from the meeting of July 17, 1989, Fire Department la proposed increase in established fees and institution Service Fees lof new Fire Prevention service fees. ,Assistant to the City Manager Ann Gyben summarized her 'memorandum of July 13, 1989, which contains recommended fees for water evacuation; fire prevention, fire permit, and fire clearance inspections; high-rise inspections; and standby fees. Council Member Amburgey suggested a standard fee for water evacuation plus an hourly fee after two hours. Vice Mayor Hornbuckle agreed with the suggestion made by Council Member Amburgey, and supported staff's recommendations except that she was concerned about 1 fire clearance fees being imposed on family day care facilities because they operate on a narrow margin of profit. Mayor Buffa was comfortable with staff's recommendations as presented. Council Member Glasgow supported the recommendations but had some reservations about charging standby fees. Council Member Amburgey felt that increasing the fire permit inspection fee for fireworks displays (including fireworks stands) would be a hardship on nonprofit organizations. Council Member Genis agreed with the recommendations of staff and added that she would support an additional hourly fee for water evacuation as suggested by Council Member Amburgey. The City Manager summarized the comments by Council to ensure that their concerns would be addressed in the draft resolution. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Staff Directed to Member Amburgey, and carried 5-0, staff was directed to Prepare Resolution prepare a resolution for Fire Department services fees which will -address the suggestions from Council. OLD BUSINESS The Clerk presented from the meeting of July 3, 1989, Speed Humps guidelines for speed hump installation or removal; a pilot program for Country Club Drive; and a request for speed humps on streets west of Placentia Avenue and north of Victoria Street. A communication was received from Jan D. Vandersloot, 2221 East 16th Street, Newport Beach, containing sugges- tions for speed hump guidelines. Twenty-nine communications were received requesting installation of speed humps on west side streets. Assistant to the City Manager Rick Pickering reported that staff is prepared to present information requested by Council at the meeting of July 3, 1989, and referred to his memoranda dated July 28 and August 3, 1989. The latter memorandum contains recommendations from the Transportation Commission. The Transportation Services Manager referenced Council's request of July 3 directing staff to prepare a summary of speed hump experiences in the cities of Thousand Oaks, Redondo Beach, and Pasadena, with special attention to be given to any available accident information. The Transportation Services Manager gave a slide presentation -of the City of Thousand Oaks speed hump program which is very similar to that being proposed by staff. A video tape presentation showed the movement of traffic along a street with speed humps in the City of Brea. While answering questions from Council, the Transporta- tion Services Manager reported that each speed hump would cost approximately $700.00. He mentioned that there was no information on traffic accident impacts for California jurisdictions; and the City of Omaha, Nebraska, determined that there were no impacts on accident rates resulting from speed hump installation. 4-1T! 7 y Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, ,asked if the speed humps were intended to reduce speed. Mayor Buffa responded that this was one objective. Karen 011ila, 927 West Wilson Street, Costa Mesa, requested speed humps on Wilson Street and reported that a petition is now being circulated for presentation to ,the City. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, stated that residents had requested speed humps on Monrovia Avenue and staff made a recommendation against it. He preferred speed humps rather than street closures, and suggested that the barriers on west side streets be removed and speed humps installed if the pilot program proves to be successful on Country Club Drive. Jim Kociuba, 2215 East 16th Street, Newport Beach, reported that newly erected stop signs on East 16th Street have reduced vehicle speeds by 10 miles per hour. ,He suggested installing smaller speed humps so that ;speeds are reduced to 25 miles per hour rather than 15 miles per hour. ,Dick Sherrick, 3146 Country Club Drive, Costa Mesa, spoke at length about the need to reduce traffic speeds 'on Country Club Drive and supported the pilot speed hump !program for that street. MOTION/Authorized ;A motion was made by Council Member Hornbuckle, seconded Additional Time !by Council Member Genis, to allow Mr. Sherrick an addi- to Speak !tional two minutes to complete his presentation. The motion carried 4-1, Council Member Amburgey voting no. Mr. Sherrick recommended that the City of Costa Mesa follow the guidelines of the City of Thousand Oaks ,because of that city's expertise in this field of speed 'regulation. 'Phillip Byrnes, 3099 Country Club Drive, Costa Mesa, ,urged the Council to proceed with the pilot program, 'or any other program they feel would reduce the speed of vehicles on Country Club Drive. Jan Vandersloot, 2221 East 16th Street, Newport Beach, requested that Council adopt speed hump guidelines and asked that they consider the suggested guidelines ,contained in his letter dated August 6, 1989. Mr. Vandersloot was of the opinion that 16th Street, Wilson Street, and Country Club Drive should be included in the ,pilot program for speed humps. ,Julia House, 271 East 16th Street, Costa Mesa, thanked Council for approving the stop signs on East 16th Street ,and requested installation of speed humps on East 16th 'Street between Santa Ana and Tustin Avenues. Rosemary Pheasant, 924 Congress Street, Costa Mesa, requested that consideration be given to installing speed humps on Wilson Street, East 16th Street, and ;Country Club Drive. Lew Himmelrich, 3001 Country Club Drive, Costa Mesa, suggested that speed humps be located closer to the intersections so that vehicles would have to slow down before making their turns. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Guidelines by Council Member Amburgey, adopting the guidelines Adopted; Pilot for speed humps per staff's supplemental memorandum Program on dated August 3, 1989, and authorizing a six-month Country Club pilot program on Country Club Drive after a qualifying Drive Authorized petition is received. Vice Mayor Hornbuckle explained that since this is a pilot program, she believed it should be conducted on one street only. Substitute Motion Council Member Glasgow felt that more than one area Failed to Carry should be tested and made a substitute motion, seconded by Council Member Genis, adding Wilson Street to the pilot program. The substitute motion failed to carry 3-2, Council Members Buffa, Hornbuckle, and Amburgey voting no. The original motion by Vice Mayor Hornbuckle carried 5-0. RECESS The Mayor declared a recess at 9:10 p.m., and the meet- ing reconvened at 9:25 p.m. OLD BUSINESS The Clerk presented a report on the closure of Orange OCC Handball Courts Coast College handball/racquetball courts. The City Manager summarized a memorandum dated July 18, 1989, from the Director of Leisure Services. Staff recommended closure of the City program because of continued decrease in attendance as a result of private clubs offering a variety of athletic programs including racquetball; Orange Coast College initiating a parking sticker requirement; and parking meters being moved so that players must park farther away from the courts. The City Manager stated that if Council were interested in keeping the program, staff has recommended that fees be increased from $4.00 to $6.50 per hour per court. Chris Link, 3226 Idaho Place, Costa Mesa, suggested that instead of reducing court hours when attendance drops, the City should advertise the existence of the courts. Mr. Link ccmmented that the free courts at Lions Park do not have ceilings. Mayor Buffa stated that if the program were continued, the increased fee should ensure that maintenance of the courts is upgraded. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Program Retained Council Member Genis, to re -open the racquetball/ at OCC handball courts at Orange Coast College at an increased fee of $6.50 per hour per court, and to re-evaluate the program after completion of the upcoming season. The motion carried 4-1, Council Member Amburgey voting no. Former Mayor Recognized New Public Services Director Introduced OLD BUSINESS Promotion and Advertising Grants Mayor Buffa recognized former Costa Mesa Mayor Arlene Schafer. Mayor Buffa introduced Bill Morris, the new Public Services Director for the City. The Clerk presented pending Promotion and Advertising grant applications: Continued from the meeting of July 3, 1989, funding for Fairview Community Preschool and Fairview Employees' Child Care Center, and information on a possible move by the Community Development Center. K Continued from the meeting of July 17, 1989, request for rehearing from Costa Mesa Sister Cities concern- ing Council's decision to deny funding. Continued from the meeting of July 17, 1989, request for rehearing from Orange County Cop Bowl, Incorpor- ated, regarding Council's decision to deny funding. Community Assistant to the City Manager Ann Gyben reported that Development the Community Development Center staff denied the rumor Center that the organization will be changing its location. Child Care Centers The Assistant to the City Manager referred to her memor- andum dated August 2, 1989, which provides information requested by Council at the July 3 meeting: Fairview Employees' Child Care Center currently has 100 children registered, 93 of which are residents of Costa Mesa; Fairview Community Preschool, a nonprofit organization, has an average enrollment of 61 children, 40 of which are Costa Mesa residents. Motion Failed A motion was made by Council Member Amburgey, seconded to Carry by Council Member Glasgow, approving a $3,000.00 grant ;to the Fairview Employees' Child Care Center, and denying funds for the Fairview Community Preschool. Mayor Buffa was opposed to the City's donating funds to public sector child care facilities. Council Member Genis was of the opinion that it was the State's responsibility to support the Fairview Employees' Child Care Center. Vice Mayor Hornbuckle opposed the motion because she believed that both centers should be treated equally. The motion failed to carry 3-2, Council Members Buffa, Hornbuckle, and Genis voting no. Sister Cities/ Jan Kausen, 3047 Royce Lane, Costa Mesa, representing Summer Festival 189 Costa Mesa Sister Cities, asked that Council rehear her Request for request for funding for Summer Festival '89 which is Rehearing scheduled for August 26 and 27, 1989. MOTION Vice Mayor Hornbuckle suggested rehearing the item this Immediate 'evening because of time limitations. After discussion, Rehearing 'the Acting City Attorney determined that it would be Authorized appropriate to hold the rehearing this evening if the Council so desired. A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Glasgow, and carried 5-0, to hold the rehearing at this time. Jan Kausen reported that the funds ($3,000.00) will be used to purchase banners to advertise the festival. She also mentioned that this would be the last year that Sister Cities would be requesting funds for this program. Anne Hinkle, Sister Cities Treasurer, reported that the festival is a revenue source for the Sister Cities Program, and it also provides a source for fund raising by local nonprofit organizations. Joslyn James, 2573 Fordham Drive, Costa Mesa, represent- ing Costa Mesa Grad Nite '90, stated that the summer festival presents an opportunity for her oganization to raise funds, and urged Council to approve the grant for the Sister Cities festival. M Todd Kausen, 3047 Royce Lane, Costa Mesa, described the activities which will be available at the festival. Motion Made A motion was made by Council Member Glasgow, seconded by Authorizing a Council Member Amburgey, to grant $3,000.00 to Costa $3,000.00 Grant Mesa Sister Cities. Amended Motion Vice Mayor Hornbuckle suggested increasing the grant to Failed to Carry $5,000.00, and Council Member Glasgow so amended his motion. Council Member Amburgey withdrew his second. Vice Mayor Hornbuckle seconded the amended motion; how- ever, it failed to carry 3-2, Council Members Buffa, Amburgey, and Genis voting no. MOTION A motion was made by Mayor Buffa, seconded by Vice Mayor Authorized Hornbuckle, authorizing a grant of $3,000.00 to Costa $3,000.00 Grant Mesa Sister Cities. 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 Request for Richard Goldstein, 1971 Wallace Avenue, Costa Mesa, was Rehearing from in favor of Council granting funds to Orange County Cop Cop Bowl Bowl, Incorporated, stating that the money was needed to pay for the cost of insurance. There was no one present representing the applicant. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Rehearing Set for Council Member Genis, to schedule the rehearing for August 21, 1989 August 21, 1989. The motion carried 3-2, Council Members Amburgey and Glasgow voting no. OLD BUSINESS The Clerk presented from the meeting of July 3, 1989, Allocation of recommendations from the Cultural Arts Committee con - Cultural Arts cerning allocation of cultural arts funds in the amount Funds of $175,000.00. The City Manager reported that members of the Cultural Arts Committee were present as well as representatives frcm the cultural organizations requesting funds. Assistant to the City Manager Ann Gyben summarized the memorandum from the Cultural Arts Committee of June 29, 1989, pointing out that there are three recommendations: (1) Based on the fiscal budgeted $175,000.00; (2) Based on the Committee's final numbers after tabulating all Committee members' individual recommendations for a total of $175,900.00; and (3) Based on the number of applications and amounts requested for a total of $183,750.00. Martin Weil, 3187 Red Hill Avenue, No. 230, Costa Mesa, representing Opera Pacific, thanked Council for its support of the arts, and reported that the cultural arts funds have provided programs which have benefitted shut-in seniors, Costa Mesa school children, and most recently, mentally disabled children. Doug Bennett, representing Orange Coast College, stated that he prepared the request for a $16,000.00 grant to be used for sound and lighting improvements in the Moore Theatre. He mentioned that the theatre needs significant remodeling, and he has a tentative commit- ment in the six -figure range from a private benefactor. ,Carol Haywood, 655 West Baker Street, Apartment Q-102, Costa Mesa, Chairman of Arts on the Green, summarized the events planned for this year's program. John Larry Granger, Music Director for South Coast Symphony, mentioned that the acoustics at Orange Coast College are such that the symphony was not reaching a large enough audience. He stated that the symphony needs a sound shell so that the audience can hear the full sound of the orchestra. Mary Lyons, 9 Harbor Island, Newport Beach, representing Pacific Chorale, reported that the chorale is requesting 'funds this year for a choral festival which essentially allows youths to perform at the Performing Arts Center, and selected students are chosen to perform in the regular Pacific Chorale evening concert. Motion Void A motion was made by Council Member Glasgow, seconded by Council Member Amburgey, to approve the Committee's first recommendation for allocation of $175,000.00, including $16,000.00 to Orange Coast College (OCC). OLD BUSINESS The Clerk presented from the meeting of July 3, 1989, Allocation of HCDA recommendations from the Housing and Community Develop - and Revenue Sharing ment (HCDA) Ad Hoc Committee for allocation of 1989-90 Funds Block Grant and General Revenue Sharing public service grants. The following communications were received: Assessment and Treatment Services Center, 1981 Orchard Drive, Santa Ana, requesting that Council increase the amount recommended by the Ad Hoc Committee. Project TLC, Feedback Foundation, Incorporated, 1200 North Knollwood Circle, Anaheim, requesting more money than recommended. Five letters requesting additional funding for FISH/ Harbor Area: Sandra J. Waite, 328 East 19th Street, Costa Mesa; Nora M. Lusk, 3022 Donnybrook Lane, Costa Mesa; Phyllis Jones, President, Board of Directors of FISH; Robert R. Weber, 420 Heliotrope Avenue, Corona del Mar; and FISH/Harbor Area, 177-F Riverside Avenue, Newport Beach. Vice Mayor Hornbuckle stated that if OCC has a major donor, then the funds it has requested from the City should go elsewhere. Mayor Buffa felt that the cultural arts funds were not 'intended to be used for the purpose proposed by OCC. SUBSTITUTE MOTION A substitute motion was made by Council Member Genis, Approved $175,000.00 seconded by Council Member Amburgey, to approve the Except OCC's Request first recommendation of the committee in the amount of was Tabled $175,000.00, with the exception of the grant to Orange Coast College which will be tabled until further information is received regarding the major donation offered to the college. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: Buffa, Glasgow ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of July 3, 1989, Allocation of HCDA recommendations from the Housing and Community Develop - and Revenue Sharing ment (HCDA) Ad Hoc Committee for allocation of 1989-90 Funds Block Grant and General Revenue Sharing public service grants. The following communications were received: Assessment and Treatment Services Center, 1981 Orchard Drive, Santa Ana, requesting that Council increase the amount recommended by the Ad Hoc Committee. Project TLC, Feedback Foundation, Incorporated, 1200 North Knollwood Circle, Anaheim, requesting more money than recommended. Five letters requesting additional funding for FISH/ Harbor Area: Sandra J. Waite, 328 East 19th Street, Costa Mesa; Nora M. Lusk, 3022 Donnybrook Lane, Costa Mesa; Phyllis Jones, President, Board of Directors of FISH; Robert R. Weber, 420 Heliotrope Avenue, Corona del Mar; and FISH/Harbor Area, 177-F Riverside Avenue, Newport Beach. sAf; The City Manager referenced the recommendations made by the Ad Hoc Committee, and mentioned that this year's allocation of combined HCDA Block Grant and General Revenue Sharing funds is far below that which is being requested by the various organizations. He reported that funds for next year will be -reduced considerably and this matter will require thorough discussion. Vice Mayor Hornbuckle announced that she is currently on the Board of Directors of the Newport -Mesa Girls Club; therefore, she would abstain from any discussion on its grant. Vice Mayor Hornbuckle asked for clarification of the latest figures submitted by the City Manager. The City Manager reported that at the request of Council Member Amburgey, he adjusted some allocations to enable organi- zations who have been previously funded to maintain their levels of service, and to make as much funding available to the balance of the organizations. The City Manager stated that it was Council Member Amburgey's suggestion that the City not fund new programs, knowing that more than 50 percent of this year's amount will not be available in the future. Howard Minder, 432 East 18th Street, Costa Mesa, requested that Council allocate the amount requested by FISH/Harbor Area rather than that recommended by the Committee. Mr. Minder gave a summary of the services provided by FISH. The Financial Officer of FISH/Harbor Area also requested more money than was recommended by the Ad Hoc Committee. Mayor Buffa reminded all applicants that there will be a drastic reduction in available funds next year. Linda Feffer, 882 Bear Creek, Costa Mesa, representing the Someone Cares Soup Kitchen, reported that their request is for $18,000.00 to relocate to an industrial area. Debbie O'Connor, Executive Director of FISH, commented that requests for assistance from Costa Mesa residents have more than tripled in the past two years. Judy Patty, Retired Senior Volunteer Program (RSVP) Coordinator, Rea Center, spoke about the organization's volunteer services and requested that Council approve the $12,600.00 which they requested. Shirley Cohen, Executive Director of Feedback Founda- tion, sponsors of Project TLC, reported that the foundation has a special concern for the elderly, and the demand for home meals is growing rapidly in the City of Costa,Mesa. Sharon Phelps, Manager of Home Services for Feedback Foundation, elaborated on the services provided to homebound seniors. Kent Schisler, 2974 Ceylon Drive, Costa Mesa, repre- senting the Costa Mesa Kiwanis Club (Youth Basketball) spoke in support of his request for funds. Michael Dwaileebe, also known as Brother Michael, 573 Victoria Street, Costa Mesa, reported that his organiza- tion distributes food from a church parking lot and there are 150 to 300 people per day seeking help. Bill Deets, Newport Beach, Brother Michael volunteer, .explained the objectives of the mission. ,Carol Stone, Executive Director of the Volunteer Center of Orange County, 1000 East Santa Ana Boulevard, Santa Ana, commented on the Ad Hoc Committee's interviewing of the applicants, and indicated that she preferred hav- ing City Council Members conduct the interviews as they have in past years. ,Stan Schuda, 2895 Palau Place, Costa Mesa, was of the opinion that the funds should be given to those organi- zations serving Costa Mesa residents. Council Member Genis asked for an explanation of the affiliation between the Huntington Beach Community Clinic and Share Our Selves (SOS). 'Jean Forbath responded that SOS does not have family ,planning services and clients in need of that program are referred to the Huntington Beach clinic. Motion Withdrawn ,Council Member Amburgey made a motion to approve grants .listed in the "City Council Allocation" column in the document entitled, "1989-90 Public Service Grant Funding Analysis", with the exception of Item No. 36, Newport Mesa Girls Club. After discussion, Council Member Amburgey withdrew his motion and suggested taking a vote after a brief recess. MOTION Further discussion ensued, and thereafter, a motion was Amounts Listed made by Council Member Glasgow, seconded by Council under "City Council Member Amburgey, to approve grants listed in the "City Allocations" Council Allocation" column in the document entitled, Approved except for "1989-90 Public Service Grant Funding Analysis", with the Girls Club the exception of Item No. 36, Newport -Mesa Girls Club. 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 MOTION A motion was made by Council Member Amburgey, seconded $2,500.00 Approved by Council Member Glasgow, authorizing an allocation for Girls Club of $2,500.00 to the Newport Mesa Girls Club (Item No. 36). The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINING: COUNCIL MEMBERS: Hornbuckle Decision on the Mayor Buffa requested Council's opinion on ending the Time the Meeting meeting at midnight or continuing on until all Agenda Will be Adjourned items were completed. After brief discussion, a motion was made by Mayor Buffa, seconded by Council Member MOTION Genis, to proceed with the meeting until the entire Approved Completing ;Agenda had been completed. The motion carried 3-2, the Entire Agenda Council Members Amburgey and Glasgow voting no. RECESS The Mayor declared a recess at 11:30 p.m., and the meet- ing reconvened at 11:40 p.m. NEW BUSINESS The Clerk presented Measure "C" new sidewalk construc- Measure "C" Sidewalk tion for "suggested safe routes to school" and removal Construction and of palm trees on Tustin Avenue between 19th and 20th Palm Tree Removal Streets. ki The Clerk received 169 communications and a petition containing 11 signatures, all opposed to removal of the trees. Assistant to the City Manager Rick Pickering summarized his memorandum dated August 4, 1989, and explained that during preliminary work for sidewalk installation, several property owners approached staff and requested that the palm trees directly in front of their proper- ties be removed and that the sidewalk be placed adjacent to the back of the curb. He stated that when the neigh- bors found out that some palm trees may be removed, they began calling the City expressing their opposition. Council Members Amburgey and Glasgow felt that property owners have the right to decide whether or not they want the trees, and mentioned that the City usually will remove a tree when requested by a property owner. Mayor Buffa was of the opinion that the sidewalks should not be constructed nor the trees removed if that is the desire of the majority of residents on Tustin Avenue. Vice Mayor Hornbuckle commented that if palm trees are more important to the residents than sidewalks, so be it. Council Member Genis was in favor of having sidewalks on both sides of the street; however, she opposed removal of trees unless they were causing property damage. The following persons spoke in opposition to tree removal and/or sidewalk installation: Alton Kelly, Garden Grove, consulting arborist;_ Kelly Christensen, 416 Costa Mesa Street, Costa Mesa; David McCoy, 1997 Fullerton Avenue, Costa Mesa; Gerald Zimmerman, 420 Costa Mesa Street, Costa Mesa; Michael and Stephanie Wagner, 1982 Tustin Avenue, Costa Mesa; Steven Ewald, 1951 Tustin Avenue, Costa Mesa; Mike and Esther Shaw, 1901 Tustin Avenue, Costa Mesa; Harriet Schablein, 1917 Tustin Avenue, Costa Mesa; Don Poff, 2411 Via Marina, Newport Beach; Doug Stuckey, 2501 Via Marina, Newport Beach; Phil Morello, 592 Hamilton Street, Costa Mesa, stated that if Tustin Avenue residents do not want the side- walks, he would like to have them in his neighborhood. Sara Laflamme, 1979 Tustin Avenue, Costa Mesa, reported that even though she likes the two palm trees on her property, she is having many problems with tree rats. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Trees to Remain; by Mayor Buffa, directing that no palm trees shall be Sidewalks Cancelled removed and cancelling installation of sidewalks. 3�3 'Council Member Genis felt that there should be a side- walk on one side of the street in order to provide a 'safe route to school. ,The motion carried 4-1, Council Member Genis voting no. Tree Removal Vice Mayor Hornbuckle suggested establishing a tree Policy removal policy for Council review. The City Manager :responded that guidelines are already in draft form. NEW BUSINESS The Clerk presented a report from Council Member Genis Campaign Financing recommending adoption of an ordinance regulating cam- paign financing. i Council Member Amburgey ccmmented that the present laws 'regulating campaign funds are adequate. Mayor Buffa reported that he and Vice Mayor Hornbuckle ;had investigated the possibility of a local ordinance, and he came to the conclusion that the Fair Political Practices Commission (FPPC) regulations adequately ;limit campaign financing. 'Council Member Genis stated that current State law ;limits contributions to a candidate frcm an individual to $1,000.00 per year, and while a few communities also have limits on annual contributions, many regulate ;contributions per election period. She felt that the State law allowing a $4,000.00 contribution from an individual per election period was too high. Mayor Buffa was of the opinion that if the dollar amount were reduced, a candidate merely must obtain a smaller donation from more people. He believed the most effici- ent document is the full disclosure ordinance. Motion Failed to A motion was made by Council Member Genis, seconded by Carry ;Vice Mayor Hornbuckle, to limit campaign contributions to $1,000.00 per candidate per source for each election ;period, and that Council follow Statewide laws which apply to Commissioners.that no one shall vote on any matter affecting anyone contributing over $250.00 in ;the previous year, and that campaign loans in excess of $1,000.00 shall not be permitted. Vice Mayor Hornbuckle believed that a clearer Conflict of Interest Statement was needed because she felt the same laws that apply to appointed Commissioners should also apply to elected officials. The Vice Mayor agreed that $1,000.00 per candidate per contributor in an election period would be appropriate and would discour- age ongoing fund raising. She also agreed with the limitation on loans. The motion failed to carry 3-2, Council Members Buffa, Amburgey, and Glasgow voting no. NEW BUSINESS The Clerk presented a report from Council Member Genis Employee Selection regarding employee selection procedures. Procedures Council Member Genis was concerned about the selection of Malcolm Ross, C. J. Segerstrom and Sons, as a member on the panel that interviewed applicants for the posi- tion of Public Services Director. She was not opposed to the private sector being represented on the panel, but she was concerned about the potential for a conflict of interest. She suggested that there were many well qualified professionals within the County from which to chose who would not have a.conflict. 1 ^_�3 While responding to questions from Mayor Buffa, the City Manager reported that recruitment was done by a profes- sional recruitment firm, and the panel consisted of four professionals in the public services field: three from the public sector, and one from the private sector. He contended that it was not possible for one panel member to influence the outcome of the selection. Motion Failed A motion was made by Council Member Genis, seconded by to Carry Vice Mayor Hornbuckle, directing staff that in future job recruitments, they make every effort to compose interview panels of individuals who could not possibly have either a perceived or a real conflict of interest. Vice Mayor Hornbuckle commented that Council must avoid appearances of conflicts. The motion failed to carry 3-2, Council Members Buffa, Amburgey, and Glasgow voting no. NEW BUSINESS The Clerk presented a request for Council to appoint a Airport Noise representative to the Orange County Noise Abatement Abatement Committee Committee for John Wayne Airport. MOTION On motion by Council Member Amburgey, seconded by Coun- Mandell Appointed cil Member Genis, and carried 5-0, Marty Mandell was appointed to the committee as the City's representative. NEW BUSINESS The Clerk presented a Council Policy on financial Council Policy assistance to illegal aliens. on Financial Assistance to Council Member Amburgey reported that he requested staff Illegal Aliens to draft a policy which would prohibit funding to agencies who provide assistance to illegal aliens. He believed that tax dollar should go to legal residents. Brief discussion was held by Council Member Amburgey and Vice Mayor Hornbuckle regarding the means by which agencies would screen their clients for legal status. Jean Forbath, Director of Share Our Selves (SOS), was adamantly opposed to such a regulation and stated that SOS would not accept City funds under these conditions. Pat Schuda, 2895 Palau Place, Costa Mesa, asked if agencies would be required to prove that they have screened their clients. Council Member Amburgey replied that his intent was to have the agencies sign documents promising to abide by the City's policy. Howard Minder, representing FISH/Harbor Area, stated that this policy would be very difficult to enforce. Father Jaime Soto, Diocese of Orange, 541 East Central Avenue, Santa Ana, stated that this is an ill-conceived, imprudent, and capricious policy; that it completely disregards public health; and it shows undo government interference into the affairs of voluntary agencies. Stan Schuda, 2895 Palau Place, Costa Mesa, spoke in support of the policy. Phil Morello, 592 Hamilton Street, Costa Mesa, commended Council Member Amburgey on initiating the policy. MOTION A motion was made by Council Member Amburgey, seconded Amended Council by Council Member Glasgow, to adopt Council Policy No. Policy No. 100-4 100-4, deleting Item 3 on Page 3: "As a condition of Adopted receiving funds in accordance with the preceding, the AMENDED MOTION Policy Modified to Exclude Medical Care Agencies NEW BUSINESS Elimination of Transient Occupancy Taxes; Institution of Visitor Service Fees iCity of Costa Mesa shall have reasonable access to those ;records maintained by the party accepting funding in order to verify compliance with this policy". Council Members Hornbuckle and Genis expressed their opposition to the policy and announced that they would 'be voting against the motion. iMayor Buffa expressed his concern with the health issue because of the danger to the rest of the community. The Mayor asked if the maker of the motion would be willing to add a sentence to Item 2 on Page 3: "Organizations which provide medical or dental care to individuals shall be exempted from the provisions herein". Council Member Amburgey responded that he would not be opposed to changing the policy as recommended by the ,Mayor; however, Council Member Glasgow withdrew his second. ;Council Member Amburgey amended his motion by adding a sentence to Item 2 on Page 3: "Organizations which jprovide medical or dental care to individuals shall be 'exempted from the provisions herein". The amended emotion was seconded by Mayor Buffa, and carried 3-2, ,Council Members Hornbuckle and Genis voting no. 'The Clerk presented an ordinance eliminating Transient Occupancy Taxes and instituting Visitor Service Fees, and Articles of Incorporation and Bylaws for the Costa Mesa Tourism, Arts, and Promotion Council, a nonprofit (board to be appointed by the City Council to administer the Visitor Service Fees. 'A communication was received from Ed Fawcett, General 'Manager, Country Side Inn, 325 Bristol Street, Costa Mesa, submitting his suggestions on guidelines for the ,nonprofit board. 'Communications were received from Russell C. Cox, General Manager, Red Lion Hotel, 3050 Bristol Street, Costa Mesa, and Rod Henderson, Chairman, Industrial 'Committee, Costa Mesa Chamber of Commerce, supporting the conversion of the transient occupancy tax to a 'visitor service fee. 'The City Manager referenced his memorandum dated August 4, 1989, in which he made the following recommendations: Review and adopt Articles of Incorporation and Bylaws for the Costa Mesa Tourism; Arts, and Promotion Council. Appoint five Costa Mesa residents to serve as the Board of Directors of the aforementioned Council. Continue consideration of the ordinance eliminating the Transient Occupancy Tax and instituting the Visitor Service Fee to the meeting of August 21, 1989. Mayor Buffa commented that appointing members to the Board of Directors will not be a simple task and 'suggested referring this matter to a Study Session. Michael Deighton, General Manager, Westin South Coast Plaza Hotel, suggested participation by the hospitality 'industry and the Cultural Arts Committee in relation- ship to the Board of Directors. Debra Stuckel, Annual Fund Director for South Coast Repertory, expressed her concern about funding for the arts not being addressed in the documents. Ms. Stuckel suggested an amendment to the Articles and -Bylaws to remedy that situation, and to consider representation from the arts community on the Board of Directors. Martin Weil, representing a group of arts organizations in Costa Mesa and throughout the County who are attempt- ing to form a new arts service organization, also was concerned about the omission of funding for the arts in the Articles of Incorporation and the Bylaws. Russell Cox, General Manager, Red Lion Hotel, 3050 Bristol Street, Costa Mesa, supported the proposed concept; however, he felt the wording in the documents needed clarification. Mary Lyons, representing Pacific Chorale, stated that funding for the arts has.not been specifically addressed in the documents and she felt it was necessary to do so. Council Member Amburgey suggested increasing the number of Board members to seven, five of which would be Costa Mesa residents, and two representatives from the hotel/ motel industry who do not necessarily have to be resi- dents of the City. Motion Withdrawn A motion was made by Council Member Amburgey, seconded by Council Member Glasgow, adopting the Articles of Incorporation and the Bylaws, and expanding the Board of Directors of the Costa Mesa Tourism, Arts, and Promotion Council to seven members. Mayor Buffa opposed the motion because he was not comfortable with each Council Member appointing one Board Member; he preferred stronger representation from the hotel/motel sector. He commented that it was his intention to increase funding for the arts, but it is not spelled out in the documents. Vice Mayor Hornbuckle stated that she was not prepared to vote at this late hour, and since the issue is a very important one, she preferred having staff re -write the purposes of the corporation. Council Member Amburgey withdrew his motion. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Approved Concept; by Council Member Amburgey, to approve the Costa Mesa Referred to Study Tourism, Arts and Promotion Council in concept, and to Session of defer for further discussion at the Study Session of August 14, 1989 August 14, 1989, the precise wording for the Articles of Incorporation and Bylaws, and further discussion on the makeup of the Board of Directors. The motion carried 5-0. NEW BUSINESS The Clerk presented a report dated August 3, 1989, Rental Housing at concerning rental housing on the Fairview State Fairview Hospital Hospital property. The City Manager referred to his memorandum of August 3, 1989. In the report, the City Manager reviewed the background of the legislation enacted in 1978 whereby the State permitted construction of affordable housing units within the grounds of Fairview State Hospital with the stipulation that the units were to be allocated in the following manner: (1) Employees of Fairview State Hospital; (2) Transitional developmentally disabled 38 patients of the hospital; (3) Employees working in the City of Costa Mesa whose earnings do not exceed 80 per- cent of the County median ($36,000.00 per year for a family of four). Since demand for the rental units from the aforementioned categories has not been sufficient to fill all the units, the developer has approached State legislators to revise the priority scheme by deleting the requirement that Priority 3 applicants must be employed in the City of Costa Mesa. If enacted, the revision would open up Fairview housing to retirees, students, and persons not employed in the City of Costa Mesa. Merrill Butler, 919 Bayside Drive, Newport Beach, developer of the project, spoke in support of his request and answered questions from Council. MOTION A motion was made by Council Member Amburgey, seconded Staff Directed to by Mayor Buffa, directing staff to forward a letter to Send Letter to State Senator Marian Bergeson, or the appropriate legis - Legislators in lators, supporting the removal of "employed within the Support of the City of Costa Mesa" in the two places mentioned in Revised Priorities Government Code Section 14670.35. During later discus- sion, it was decided to add a statement suggested by Vice Mayor Hornbuckle indicating that Council is inter- ested in providing affordable housing to Costa Mesa's retirees and students. Vice Mayor Hornbuckle commented that when these units were approved, it was with the understanding that they would not be competing with the private sector. She also commented that the idea of limiting Priority 3 to persons employed in Costa Mesa was to alleviate traffic. Merrill Butler explained that preference would be given to seniors and students, and the remaining units (for persons not employed in the City of Costa Mesa) would be rented at current market rates. The motion carried 5-0. Former Mayor Mayor Buffa recognized former Costa Mesa Mayor Donn Recognized Hall. NEW BUSINESS The Clerk presented a report dated August 4, 1989, and Council Policy 'proposed Council Policy No. 100-5 concerning a drug-free on a Drug-free work place. The policy was drafted at the request of Work Place Council Member Genis. MOTION On motion by Council Member Genis, seconded by Council Council Policy Member Amburgey, and carried 5-0, Council Policy No. No. 100-5 Adopted 100-5 was adopted. CITY ATTORNEY The Acting City Attorney referred to her report concern - REPORT ing the lawsuit of Nord, et al. versus City of Costa Nord Lawsuit Mesa and Costa Mesa Redevelopment Agency, Orange County ,Superior Court Case No. 59-43-49. Since there were no No Action Required questions from Council concerning this matter, a closed session was not required. CITY MANAGER The City Manager presented agreements with the United REPORT States Conference of Mayors, Deferred Compensation Executive Deferred Program, 1620 "I" Street Northwest, Washington, D.C., Compensation Plan and J. W. Cookson Company, Post Office Box 27367, Escondido, for investment management of the Executive ;Deferred Compensation Plan. L .1 MOTION A motion was made by Council Member Amburgey, seconded Agreements by Council Member Glasgow, approving the agreements Approved and authorizing the City Manager to sign. 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 COUNCIL MEMBERS Council Member Glasgow suggested a re-evaluation of COMMENTS procedures concerning the length of Council meetings. He felt it was counterproductive for meetings to Length of Council continue past midnight, and announced that in the Meetings future, he will leave the meetings at midnight. Graffiti Council Member Genis spoke about a report she heard on the radio about the City of Anaheim offering rewards leading to the arrest and conviction of individuals who put graffiti on walls. Mayor Buffa requested that the City Manager obtain more information on this activity. Lions Park Vice Mayor Hornbuckle requested a report from staff Handball Courts on the future use of the handball courts at Lions Park. National Night Vice Mayor Hornbuckle reported that August 8, 1989, is Out National Night Out, a program encouraging people in the community to take a stroll through their areas with the intent to reclaim the neighborhoods from criminals. Conflicting Vice Mayor Hornbuckle announced that she has a conflict Schedule: with her school and Council meeting schedules in that School/Council she is required by State law to take a class which is Meeting only offered at Orange Coast College on Monday nights between 6:30 and 9:30 p.m. She mentioned that she will probably be late on those Council meeting Mondays when she is at class. ADJOURNMENT TO At 3:05 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss the following items: CITY ATTORNEY REPORT Eminent domain lawsuit, City of Costa Mesa vs. John Walker Lawsuit Thomas Walker Jr., Orange County Superior Court Case No. 58-71-97. CITY MANAGER REPORT Acquisition of property at 628 Victoria Street from Walker Property/ John and Constance Walker for the Victoria Street Victora Widening Widening. MEETING Mayor Buffa reconvened the meeting at 3:35 a.m. and RECONVENED announced that no action was taken during closed session. ADJOURNMENT The Mayor declared the meeting adjourned at 3:35 a.m. mayor of the it Costa Mesa ATTEST': ; `ty Clerk of the City of Cost esa 39