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HomeMy WebLinkAbout08/21/1989 - City Council42 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 21, 1989 The City Council of the City of Costa Mesa, California, met in regular session August 21, 1989, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Denis Lyons, St. John the Baptist Roman Catholic Church. ROLL CALL Council Members Present: Mayor Peter Buffa Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Officials Present: Vice Mayor Hornbuckle (Arrived at 8:35 p.m.) 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 City Clerk Eileen Phinney MINUTES On motion by Council Member Amburgey, seconded by August 7, 1989 Council Member Genis, and carried 4-0, Vice Mayor and August 9, 1989 Hornbuckle absent, the minutes of the regular meeting of August 7, 1989, and the Special Joint Council/Redevelop- ment Agency meeting of August 9, 1989, were approved as distributed. ORDINANCES A motion was made by Council Member Amburgey, seconded by Council Member Genis,•,and carried 4-0, Vice Mayor Hornbuckle absent, to read all ordinances by title only. ORAL COMMUNICATIONS Jan Kausen, 3047 Royce Lane, Costa Mesa, President of the Costa Mesa Sister Cities, expressed her gratitude Sister City for the $3,000.00 grant to purchase banners. Secondly, Banners as chairperson for the Substance Abuse Committee, she addressed two of their upcoming projects concerning Substance Abuse substance abuse: one project is to promote a drug-free work place with a seminar planned for employees early in 1990; the second project is to promote a drug-free community and the committee will be working with the local businesses to promote a red ribbon week in October. Illegal Aliens Pat Schuda, 2895 Palau Place, Costa Mesa, presented 120 signatures of Costa Mesa residents that support the Council Policy regarding illegal aliens, and stated that I he had sent in another 44 signatures on August 14, 1989. She mentioned that she will continue to gather signatures. Request for Janice Davidson, 1982 Arnold Avenue, Costa Mesa, Trash Receptacle requested that a trash receptacle be placed at the bus stop on Hamilton Street and Pomona Avenue as trash is being strewn on the sidewalk and residents' properties. Mesa Consolidated Henry S. Panian, 436 Swarthmore Lane, Costa Mesa, a Water District Director of the Mesa Consolidated Water District, quoted an article written in the Independent Mesa Newspaper, 413 Thursday, August 17, 1989, regarding a statement by Council Member Genis, as contrary to the Mesa Consoli- dated Water District's 1984 Master Plan and its updates, and requested some type of mechanism to examine the differences. Council Member Genis responded that when her water bill increased, she called Mesa Water District and was told by them that higher rates were needed to build larger facilities to handle new growth that is occurring. Mayor Buffa suggested that Mr. Panian put his comments in the form of a letter to the City Manager or the Mayor and copies will be circulated to Council to see if there are any questions regarding the fees. Council Member Amburgey suggested sending a copy of the letter to the newspaper that printed the article. Soffer Sid Soffer, 900 Arbor Street, Costa Mesa, commented on Comments Council Members' conflicts of interest. On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0 vote, Vice Mayor Hornbuckle absent, Mr. Soffer's time to speak was extended by two minutes. Illegal Aliens Susan Koff, 2123 Wallace Avenue, Costa Mesa, supported the Council Policy withholding aid to illegal aliens stating she will continue to gather signatures in Someone Cares support of the policy. She commented on the temporary Soup Kitchen housing of the Someone Cares Soup Kitchen at the South Coast Christian Church located on Placentia Avenue and Victoria Street, that a recent meeting with the clergy of the church on August 6, 1989-f and the clergy's atti- tude, was very disappointing. Parking Ticket Rosalind Brussin, 911 Darrell Street, Costa Mesa, complained about a parking ticket she received at the downtown library. She stated that parking is a problem at the library and wanted to bring it to the Council's attention. Mayor Buffa requested the City Manager to work with Ms. Brussin on procedures for her to follow at this point and to investigate the parking situation at the library. Public Nuisance Sheila Ward, 122 Magnolia Street, No. D, Costa Mesa, Goat Hill Tavern stated that her residence is located behind Henry N' Harry's Goat Hill Tavern which borders on a residential area and that over the last year, their business has increased and is creating problems for the residents. She requested that something be done to control the disturbances. After further discussion, it was decided that Ms. Ward's statement would be recorded as a formal complaint; the property would be investigated for a Conditional Use Permit; and other options would be investigated for correction of the complaint. Mesa Consolidated John Feeney, 1154 Dorset Lane, Costa Mesa, mentioned Water District that he had tapes that would confirm comments made by Council Member Genis regarding Mesa Consolidated.Water Orange County District. He also addressed the credibility of the Human Relations Orange County Human Relations Commission and believes Commission they should take care of their affairs before they become involved in the affairs in Costa Mesa. 'a'a Illegal Pat Dolan, 923 West 20th Street, Costa Mesa, supported Aliens the Council Policy regarding illegal aliens, stating that illegals have a total disregard for our way of life and make no effort to conform to our standards; schools !they attend are below standards; and the crime rate is high. Council Member Genis commented she found the statistics an eye-opener and requested a copy. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 1, Reading Folder; Item 2, Rezone Peti- tion R-89-01, Satra Development; Item 4, Rezone Petition R-89-03, Timothy J. O'Brien; Item 10 (b), Budget Adjust- ment No. 90-11 for $260,000; and Item 12, Resolution fixing the tax rate for 1974 Open Space Bond Issue. On motion by Council Member Amburgey, seconded by Coun- cil Member Glasgow, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle SET FOR PUBLIC On motion by Council Member Amburgey, seconded by HEARING/Rezone Council Member Glasgow, and carried 4-0, Vice Mayor Petition R-89-02 Hornbuckle absent, a public hearing was set for Septem- Mariman ber 5, 1989, at 6:30 p.m., for Rezone Petition R-89-02, Rudy A. Mariman, c/o Craig*S. Hampton, 341 Bayside Drive, Newport Beach, authorized agent for Shirley R. MOTION Avery, Trustee of the Mullen Trust, 2277 Elizabeth Hearing Set on Drive, Ventura, to rezone two lots at 1951 Wallace September 5, 1989 Avenue from R2 to R3. Environmental Determination: Negative Declaration. WARRANTS On motion by Council Member Amburgey, seconded by Council Member Glasgow, Warrant Resolution 1439, includ- MOTION ing Payroll 8916, was approved by the following roll Warrant 1439 call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle REJECTED CLAIMS On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, Vice Mayor Jensen Hornbuckle absent, the claim from Allen R. Jensen was rejected. Stryker On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle absent, the claim from James Stryker was rejected. Votaw On motion by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle absent, the claim from Elinor J. Votaw was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item No. 856, Claims Administra- tion Services, are on file in the Clerk's office. On Bid Item 856 motion by Council Member Amburgey, seconded by Council Claims Adminis- Member Glasgow, the contract was awarded to Carl Warren tration Services and Company, 1801 Park Court Place, Building E, Suite 208, Santa Ana, for an estimated cost of $62,000.00 per MOTION/Awarded.to year. The motion carried by the following roll call Carl Warren vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Bid Item 857 Bids received for Bid Item No. 857, Radios for Police Radios for Police Motorcycles, are on file in the Clerk's Office. On Motorcycles motion by Council Member Amburgey, seconded by Council Member Glasgow, the contract was awarded to the Radio MOTION Shop, Incorporated, 20971 Currier Road, No. C, Walnut, Awarded to for $5,184.75, plus $400.00 mounting charge. The Radio Shop motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Bid Item 858 Bids received for Bid Item No. 858, One Vany are on file One Van in the Clerk's office. On motion by Council Member Ambur- gey, seconded by Council Member Glasgow, the contract was MOTION awarded to Theodore Robins Ford, 2060 Harbor Boulevard, Awarded to Costa Mesa, in the amount of $15,947.70. The motion Theodore Robins carried by the following roll call vote: Ford AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mayor Hornbuckle Purchase of Staff requested authorization to purchase computer Computer Terminals terminals and controllers for $9,065.00 and $7,401.11, and Controllers respectively, plus tax, from sole source vendor, I.B.M. from I.B.M. Corporation, 611 Anton Boulevard, Costa Mesa. On motion by Council Member Amburgey, seconded by Council Member MOTION Glasgow, the purchase was approved by the following roll Purchase Approved call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Purchase of Staff requested authorization to purchase computer Computer Modems modems for $6,120.00, plus tax, from sole source vendor, From Racal-Milgo Racal-Milgo, Incorporated, 5701 Katella Avenue, Suite 100, Cypress. On motion by Council Member Amburgey, MOTION seconded by Council Member Glasgow, the purchase was Purchase Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Budget Adjustment Staff recommended approval of Budget Adjustment No. 90-9 No. 90-9, Narcotic for $213,350.00, to appropriate narcotics forfeiture Forfeiture Fund funds received for use in several Police Department pro- grams. On motion by Council Member Amburgey, seconded MOTION/Budget by Council Member Glasgow, the budget adjustment was Adjustment approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mayor Hornbuckle Final Map for The Final Map was presented for Tract No. 13945, Richard Tract 13945 Fiock, developer, 2479 Orange Avenue, Costa Mesa; one Fiock lot, 0.91 -acre, located at 2627-2629 Santa Ana Avenue, for condominium purposes. On motion by Council Member MOTION Amburgey, seconded by Council Member Glasgow, the map Map Approved was approved, the Council did accept on behalf of the public the dedication of Santa Ana Avenue for street &C purposes; did also accept the Easement for emergency and Claims Claims received by the City Clerk: Henry Akers; Suzanne Bannan; Helen Barbara Phillips; Clark E. Schneekluth; Lisa Ann Secrest; and Thomas N. Tallon. Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning Division: Teunis Enterprises, License Incorporated, doing business as Marie Callender's, 353 East 17th Street. Public Notice from L.A. Top Shuttle, Incorporated, 9100 South Utilities Sepulveda Boulevard, Suite No. 128, Los Angeles, that Commission it has filed an application with the Public Utilities Commission, to expand its existing passenger stage services in Los Angeles, Orange, Ventura and River- side Counties. 1 security vehicle purposes as shown on the map, and the Clerk was authorized to sign the map on behalf of the .City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Safety Emloyees On motion by Council Member Amburgey, seconded by Retirement Plan Council Member Glasgow, Resolution 89-170, A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, MOTION CALIFORNIA, AMENDING THE RETIREMENT PLAN FOR SAFETY Adopt Resolution EMPLOYEES OF THE CITY OF COSTA MESA, was adopted by the 89-170 following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Cable Television Staff recommended funding for the Public Access Awards Committee Funding/ Ceremony in the amount of $1,880.00 to the Cable Tele - Public Access vision Committee. On motion by Council Member Amburgey, Awards seconded by Council Member Glasgow, the funding was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Amburgey, Funding Approved Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle READING FOLDER Item 1 on the Consent Calendar was presented: The Reading Folder. Alcoholic Beverage License for Council Member Amburgey requested that the Alcoholic Absolute Visuals/ Beverage License for Absolute Visuals, doing business Popeye's Galley as Popeye's Galley, 1700 Placentia Avenue, be continued because of numerous complaints. He asked that staff be directed to prepare a report on the police activity with the intent of forwarding the report to the Alcoholic Beverage Commmission. MOTION On motion by Council Member Amburgey, seconded by Council Item was Continued Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle Pending a Report absent, this item was continued pending a police activity report. READING FOLDER On motion by Council Member Amburgey, seconded by Council Member Genis, and carried 4-0, Vice Mayor Hornbuckle absent, the remaining Reading Folder items were received and processed: Claims Claims received by the City Clerk: Henry Akers; Suzanne Bannan; Helen Barbara Phillips; Clark E. Schneekluth; Lisa Ann Secrest; and Thomas N. Tallon. Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning Division: Teunis Enterprises, License Incorporated, doing business as Marie Callender's, 353 East 17th Street. Public Notice from L.A. Top Shuttle, Incorporated, 9100 South Utilities Sepulveda Boulevard, Suite No. 128, Los Angeles, that Commission it has filed an application with the Public Utilities Commission, to expand its existing passenger stage services in Los Angeles, Orange, Ventura and River- side Counties. 1 Notice from the Public Utilities Commission that an application has been filed by AALERT Paging Company of San Diego (U -2086-C), for a Certificate of Public Convenience and Necessity to construct additional radio -telephone facilities pursuant to Section 1001 of the Public Utilities Code. Rezone Petition Item 2 on the Consent Calendar was presented: Rezone R-89-01 Petition R-89-01, Satra Development Corporation, 180 Satra Development Newport Center Drive, Suite 180, Newport Beach, author- ized agent for Edwin P. Gueguen, 1940 Maple Avenue, Costa Mesa, to rezone property at 1932 and 1940 Maple Avenue (recently combined from two to one lot) from R2 to R3. Environmental Determination: Negative Declara- tion. Council Member Genis opposed the rezone stating that it is a small R3 property in a large block of R2 properties. A motion by Council Member Genis to deny setting the public hearing died for lack of a second. MOTION A motion was made by Council Member Amburgey, seconded Hearing Set on by Council Member Glasgow, and carried 3-1, Council September 5, 1989 Member Genis voting no, Vice Mayor Hornbuckle absent, setting a public hearing on September 5, 1989, at 6:30 p.m. Rezone Petition Item 4 on the Consent Calendar was presented: Rezone R-89-03 Petition R-89-03, Timothy J. O'Brien, 2151 Michelson O'Brien Drive, Suite 100, Irvine, authorized agent for O'Brien Family Trust, c/o John S. O'Brien, 1920 Lanai Drive, Costa Mesa, to rezone three lots at 2043, 2047, and 2053 Charle Street from R2 to R3. Environmental Deter- mination: Negative Declaration. Council Member Genis opposed the Rezone Petition since she preferred following the General Plan. MOTION On motion by Council Member Amburgey, seconded by Hearing Set on Council Member Glasgow, and carried 3-1, Council Member September 5, 1989 Genis voting no, Vice Mayor Hornbuckle absent, a public hearing was set.on September 5, 1989, at 6:30 p.m. Budget Ad4ustment Item 10 (b) on the Consent Calendar was presented: No. 90-11 Budget Adjustment No. 90-11 for $260,000.00, to provide Trash Pick-up an additional appropriation to improve the level of trash pick-up service. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, asked for an explanation for the need for additional funds. The City Manager responded that the funds were for addi- tional vehicles to transport trash to the new landfill located in North Irvine. He stated that the trash will be taken to Stanton to separate recyclable matter and the balance will go to the North Irvine landfill. MOTION On motion by Council Member Amburgey, seconded by Coun- Adjustment cil Member Genis, the budget adjustment was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle 1974 Open Space ,Item 12 of the Consent Calendar was presented: Resolu- Bond Issue :tion fixing the tax rate for the 1974 Open Space Bond Issue. Council Member Genis commented that when subdivisions are approved, a provision is included to pay park dedi- ,cation fees if no land is dedicated and these fees are based on the fair market value of the land that would be purchased. She further stated that rates have not been changed since 1979-80, and suggeste(� that this be done. MOTION On motion by Council Member Genis, seconded by Council Resolution 89-171 ;Member Amburgey, Resolution 89-171, A RESOLUTION OF THE Adopted 'CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FIXING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON 'ALL OF THE TAXABLE PROPERTY WITHIN THE CITY OF COSTA MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1989-90, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle 'Mayor Buffa directed the City Manager to have a report available for Council Member Genis for the meeting of September 5, 1989, regarding the park dedication fees. Item Trailed 'At the request of Vice Mayor Hornbuckle, Mayor Buffa 'trailed Public Hearing Item No. 1, Zone Exception ZE-79-96A3 for Mark Davidson. PUBLIC HEARING The Clerk announced that this was the -time and place PA -89-22 set for the public hearing for an appeal of the Plan - Thrifty Oil ning Commission's denial of Planning Action PA -89-22 ;from Thrifty Oil Company, 10000 Lakewood Boulevard, Downey, for a variance to allow more than three tenant names on a ground sign at 751 Baker Street in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communica- tions were received. The Deputy City Manager/Development Services outlined staff's memorandum dated August 16, 1989. The Planning Commission denied the sign variance because a ground sign is permitted three activities only. Al Johnson, Construction Coordinator of Thrifty Oil, stated that the sign is 40 square feet, displays good advertising, and is neat and not obtrusive. After discussion, a motion was made by Council Member Amburgey to approve Planning Action PA -89-22. The motion died for lack of a second. MOTION On motion by Council Member Glasgow, seconded by Council PA -89-22 ,Member Genis, Planning Action PA -89-22 was denied based Denied ;on the analysis and findings contained in the Staff 'report. The motion carried 3-1, Council Member Amburgey ;voting no, Vice Mayor Hornbuckle absent. PUBLIC HEARING ;The Clerk announced that this was the time and place set Orange County for the public hearing to rehear a request for Promotion Cop Bowl ,and Advertising funds from Orange County Cop Bowl, In- corporated. William H. Bechtel, Costa Mesa Police Department, stated the funds were required to pay for medical insurance for 'the City of Costa Mesa officers who participate in the games. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, com- mented that this was a worthwhile event, it should be supported, and the police officers participate on their own time. . There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded Approve Funding by Council Member Genis, to approve the request for $3,000.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Council Member Amburgey stated that further requests for funding should have sufficient back-up information to justify the allocation requested. OLD BUSINESS The Clerk presented from the meeting of August 7, 1989, Business Permit a Notice of Intention to Appeal or Solicit for Charitable Helpline USA Purpose from Helpline USA, 22797 Barton Road, Suite No. 172, Grand Terrace, by telephone and store front solici- tation of donations from August 21, 1989, to April 30, 1990. The Deputy City Manager/Development Services summarized findings that 75 percent of donations go to charities, solicitation is done by telephone, store front, and door- to-door canvassing. MOTION On motion by Council Member Amburgey, seconded by Permit Approved Council Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle absent, the permit was approved with applica- tion of Municipal Code Section 9-229. OLD BUSINESS The Clerk presented a Resolution increasing established New Fire Preven- fees and instituting new Fire Prevention service fees. tion Service Fees Assistant to the City Manager Ann Gyben summarized her memorandum of August 18, 1989, which contains background information and recommendations for the User Fees. MOTION A motion was made by Council Member Amburgey, seconded Resolution 89-172 by Council Member Glasgow, to adopt Resolution 89-172, Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INCREASING FIRE PREVENTION USER FEES, with the addition that fees for nonprofit organizations would be waived. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle OLD BUSINESS The Clerk presented Articles of Incorporation and By - Costa Mesa Tourism, laws for the Costa Mesa Tourism, Arts, and Promotion Arts and Promotion Corporation, a nonprofit board. Corporation The City Manager summarized his memorandum of August 17, 1989, which contains background information and recom- mendations regarding the Corporation. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, wanted to know that if the Council elects the Board of Directors, and the Board serves at the will of the 'Council, and the Council has the right to review the :Board's decisions,,does this not make the Council, in fact, the Directors falling under the interested persons guideline; and, therefore, no City Council Member could benefit from the guidelines. Mayor Buffa responded that regardless of the structure, ;no Council Member should benefit from the guidelines. Martin Weil, 2090 Glenneyre, Laguna Beach, asked if any- thing in.the bylaws would prevent the Corporation from ;soliciting funds. The City Manager responded that it is possible to solicit for private funding. !John Burkhart, 997 Dahlia Avenue, Costa Mesa, stated ,that any excess funds approved by the voters to be used !for streets and City improvements would be lost if the name were changed. Council Member Amburgey, responded that Measure "C" fund- ing ends this year and any Gann limit overages would (require another election. MOTION 'A motion was made by Council Member Amburgey, seconded Adopted Articles of by Council Member Glasgow, to adopt the Articles of Incor- Incorporation and :poration and Bylaws for the Costa Mesa Tourism, Arts and Bylaws Promotion Corporation. Council Member Genis supported the motion, and stated ,that if the hotel tax were eliminated, she would volun- teer to write the argument against whatever comes up that is the equivalent to Measure "C". Mayor Buffa stated he would be withholding support of the motion because of the voting structure in the ;Bylaws. He preferred a vote by simple majority. Amended Motion Council Member Amburgey amended his motion to stipulate Died for Lack of to require a majority to call the item to the Council a Second and a 4/5 vote to approve an item. The motion died for 'lack of a second. 'Council Member Genis questioned the procedure should someone be absent. Mayor Buffa suggested that the wording show a majority vote in each case to call up an item and a majority to :.reverse the decision of the corporation. AMENDED MOTION 'On motion by Council Member Amburgey, seconded by Coun- Added an Amend- !cil Member Glasgow, with the wording of the Bylaws ment to Bylaws changed in Section 16, Limitation, to read, "Any decision or action taken by the board where an expense of City !funds is contemplated shall be subject to review by the Coulil at its discretion by a majority affirmative vote ,and may be overruled by a majority vote of that body", ;the Articles of Incorporation and Bylaws for the Costa Mesa Tourism, Arts and Promotion Corporation were adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle MOTION A motion by Council Member Amburgey, seconded by Council Authorized Seven Member Glasgow, to appoint seven Directors to the Directors !Corporation, two of which will represent the hotel/motel industry with no residency requirements, and directing 5-1 staff to solicit interested residents of the community to apply for Director positions. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Former Mayor Mayor Buffa recognized former Costa Mesa Mayor Arlene Recognized Schafer. NEW BUSINESS The Clerk presented a request to close Park Avenue to Park Avenue through traffic from the most southerly entrance of the Closure for Neighborhood Community Center south to West 18th Street, Summer Festival on August 26 and 27, 1989, because of the many activi- ties at the Center and at Lions Park. The City Manager summarized Staff's memorandum dated August 10, 1989, explaining the need for the street closure as a result of the Summer Festival, a wedding, and a softball game. MOTION A motion by Council Member Amburgey, seconded by Council Closure Approved Member Glasgow, to approve Park Avenue closure, carried 4-0, Vice Mayor Hornbuckle absent. NEW BUSINESS The Clerk presented the Cable Grant Agreement with Coast Coast Community Community College District, 1370 Adams Avenue, Costa College District Mesa, for $174,934.00. Grant Agreement Assistant to the City Manager Ann Gyben summarized her memorandum dated August 17, 1989, and explained that the cable grant would provide a cablecasting link between Coastline Community College and Copley/Colony, and would permit the purchase and installation of equipment to video production facilities at Orange Coast College. As a result,. the facilities are to be used to produce educa- tional access programming to be shown on the cable sys- tem. Jim Garmon, Coastline College, stated the video and filming department were very popular at Orange Coast College, and that individual citizens can come in and receive training and use equipment with the advantage of being under the direction of the college. He stated that the individual must register as a student which is required by the State. Bud Lengtat, Princeton Drive, Costa Mesa, referred to the proposed agreement concerning the 100% profit to be returned -to the City and asked how it would be derived. He stated that the proposal is almost a duplicate of Channel 50. He suggested including a statement in the proposal that if conditions were not met, the college district would refund all monies. to the City or the cable company. The Assistant City Manager stated that the chances for a profit are small, but the clause is there for the City's protection. Marie Maples, 461 Swarthmore Lane, Costa Mesa, opposed the agreement because Copley/Colony offers the same pro- gram that is being discussed. Vice Mayor Vice Mayor Hornbuckle took her seat at the Council table Hornbuckle Arrives at 8:35 p.m. The Assistant City Manager responded that the proposal 'would augment Copley/Colony. She stated that there are enough funds available at this time from the cable 'access fee and that the money is used for municipal access efforts and individual grants including a future plan for augmenting the AV system in the Council Cham- bers. Vice Mayor Hornbuckle commented that this would be money that would be well spent as most of the constituency of the Coastline Community College District are from Costa Mesa and if this program were put into effect, there may be more public access shows with better quality and more ;variety being produced. Council Member Genis opposed the motion because the cost was too high. Mayor Buffa opposed the motion because much of the pro- gramming is already available and the money is needed elsewhere. MOTION On motion by Council Member Amburgey, seconded by Vice Agreement Mayor Hornbuckle, the agreement was approved by the Approved following roll call vote: AYES: COUNCIL MENBERS: Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Buffa, Genis ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:50 p.m., and the meet- ing reconvened at 9:00 p.m. PUBLIC HEARING The Clerk presented the Public Hearing that was trailed; ZE-79-96A3 Council review of the Planning Commission's approval of Davidson Zone Exception ZE-7996A3, Mark Davidson, 171-A East 17th ;Street, Costa Mesa, authorized agent for Hernan R. Barros, La Caranda Enterprises, 431 North Brand Boule- vard, Suite 306, Glendale, amending a Planned Signing Program at a commercial retail center at 171-A East 17th Street in a Cl zone. Environmental Determination: Exempt. The Deputy City Manager summarized his memorandum dated August 16, 1989, that this Planned Signing Program would allow an existing ground sign to be altered in such a way as to appear to be inconsistent with the other ground sign but provides an equitable trade-off by not Allowing an additional ground sign. Vice Mayor Hornbuckle stated her concern with regard to the sign ordinance and would not be in favor of approv- ing an additional tenant on this sign. Mark Davidson, 266 Cecil Place, Costa Mesa, stated that the request was being made on behalf of Balloons for Hire, and that he wanted to share a sign can with them. He further stated that to install another pole sign would cost between $10,000 to $20,000, but ownership would be to the owner. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Hornbuckle asked if it were possible to impose a condition that if a third pole sign is erected At the center, or a second pole on the frontage, would this request then revert to three tenants instead of four. 53 The Deputy City Manager responded that the program was designed to restrict any additional ground signs on the East 17th Street frontage, and any change to this plan signing program would require the approval of the Plan- ning Commission. Motion to Deny A motion was made by Vice Mayor Hornbuckle, seconded ZE-79-96A3 Failed by Council Member Glasgow, to deny Zone Exception to Carry ZE-79-96A3. The motion failed to carry 2-3, Council Members Buffa, Amburgey, and Genis voting no. Council Member Amburgey stated the request was very appropriate and that having fewer poles and smaller signs should be encouraged. He requested that staff bring the proposed signage back to a study session for further review and suggestions. Council Member Genis was in favor of the request. Mayor Buffa opposed the motion, stating that this is basically an amendment to a Planned Signing Program and the intent of the Sign Ordinance has been met. MOTION A motion was made by Council Member Amburgey, seconded ZE-79-96A3 by Council Member Genis, to approve Zone Exception Approved ZE-79-96A3. The motion carried 3-2, Council Members Hornbuckle and Glasgow voting no. Cultural Arts The Clerk presented a request from the Cultural Arts Committee Awards Committee for approval of recipients to receive recog- nition awards, and presentation of those awards at the first Council meeting in September. The Assistant to the City Manager summarized staff's memorandum dated August 16, 1989, explaining that the recipients included students and teachers, as well as a resident and business from the community that have contributed significantly to the arts over the last year. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Request Approved Member Amburgey, and carried 5-0, the request from the Cultural Arts Committee was approved. Vice Mayor Hornbuckle commented that the Cultural Arts Committee should give more notice of their intentions. Mayor Buffa requested that Council Member Glasgow instruct the Cultural Arts Committee to provide appro- priate advance notice. Request for Re- Council Member Genis presented the next agenda item, her hearing of Measure request for a rehearing of Measure "C" New Sidewalk "C" New Sidewalk Construction for "suggested safe routes to school" and Construction removal of palm trees on Tustin Avenue, which was denied by Council on August 7, 1989. Council Member Genis stated that her request for the rehearing was due to input from residents in that area who believed the sidewalks were to be installed and that the only issue was whether to save the palm trees or have them removed. Shelly Rosier, 1999 Tustin, Costa Mesa, stated that she was of the opinion that sidewalks were going to be installed and she had put off doing landscaping. She requested that sidewalks be installed so that the chil- dren would have a safe route to school. 5. Michael Wagner, 1982 Tustin Avenue, Costa Mesa, stated that the area was not designed for sidewalks because houses are not set back far enough, and he felt the palm trees should be saved. Karen Ewald, 1951 Tustin Avenue, Costa Mesa, presented a petition containing signatures of Tustin Avenue resi- dents in favor of sidewalks. She stated that there was a safety hazard with vehicles, bicyclists, and pedes- trians being on the street at the same time. Harriet Chabline stated that she did not want sidewalks. Jim Rosier, 1999 Tustin Avenue, Costa Mesa, stated that the main consideration should be safety. Motion to Deny the A motion was made by Council Member Glasgow, seconded by Rehearing Failed Council Member Amburgey, to deny the rehearing. The to Carry motion failed to carry 1-3, Council Members Buffa, Horn - buckle, and Genis voting no, Council Member Glasgow 'abstaining. Vice Mayor Hornbuckle stated her concern that the Coun- cil did not obtain enough information from all parties and that more time should be allowed to hear from the residents. 'Council Member Genis mentioned that the residents were not aware that the sidewalks were at risk. Motion to Grant A motion was made by Council Member Genis, seconded by a Rehearing Failed Vice Mayor Hornbuckle, to grant the rehearing. to Carry Mayor Buffa stated that before he would consider a rehearing, he would like to see an impartial survey by !the City of all affected properties, and a drawn plan to ,keep the trees and sidewalks. The City Manager stated that the contractor is underway on other projects in the City and mentioned that this was not the only contract this year, and that this project could be programmed for a future contract. The motion to grant a rehearing failed to carry 2-3, Council Members Buffa, Amburgey, and Glasgow voting no. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Rehearing Mayor Buffa, granting the rehearing, directing Staff to Granted 'provide sketches with sidewalk and palm trees in place, taking a survey of affected Tustin Avenue residents as quickly as possible, and set the public hearing after .all the information has been received. Vice Mayor Hornbuckle stated that this should not delay the present contract, but the information should be used for a future Measure "C" contract. The City Manager responded that the sidewalks were being installed at a cost based on lineal feet and any changes in installation of sidewalks would not affect the cost. The motion carried 3-2 vote, Council Members Amburgey and Glasgow voting no. NEW BUSINESS The Clerk presented a Council Policy concerning retired Retired Employees employees' golf privileges. Golf Privileges ,A motion was made by Vice Mayor Hornbuckle, seconded by MOTION/Held Over to Council Member Genis, to continue this item to the September 5, 1989 meeting of September 5, 1989. The motion carried 5-0. 55 NEW BUSINESS The Clerk presented a request from the Costa Mesa Civic " Funds Requested by Playhouse for funds to attend a drama competition in Civic Playhouse Barcelona, Spain. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Funding Approved Council Member Amburgey, to allocate $5,000.00 from the Advertising and Promotional Fund. 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 CITY ATTORNEY The Acting City Attorney referred to her report concern - REPORT ing pending litigation: Costa Mesa Residents for Res - Request for ponsible Growth vs. City of Costa Mesa, Orange County Outside Counsel Superior Court Case No. 52-54-40. The Acting City Attorney requested authorization to retain outside counsel to advise on the best defense of criticism by the Costa Mesa Residents for Responsible Growth and the General Plan update. MOTION A motion was made by Council Member Amburgey, seconded Request Approved by Council Member Genis, to authorize retention of out- side counsel. 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 Genis commented that recently when making COMMENTS a complaint call to the police department, she met with some difficulty as there was no response to the numbers Complaint Calls she dialed and since it was not an emergency, she did not want to dial the 911 number. She went on to say that she had contacted the police department the next day and they advised her to call the Business Office number, 754-5255. Council Member Genis suggested that this be made clearer in future phone books. Council Member Amburgey stated that the same officer answers the 911 call that answers the Business Office number, and the advantage of dialing 911 is that the caller must only dial three digits. He commented that the advantage to the officer that answers the call is that the caller's address and telephone number appear on the computer display, eliminating the officer asking for the information. Cable Television Council Member Genis stated that under current rules, there is no overseeing of the cable television company, no one sets rates, such as the PUC does for utilities, and with the number of complaints, the City should con- sider allowing another cable company to operate in the City. The City Manager stated that if Council were interested, there is the option to investigate a new company. Mayor Buffa expressed interest in obtaining information from a new cable company. Length of Council Council Member Glasgow mentioned the Council Policy of Meetings not taking up new business after midnight and stated he would be following that policy in the future as it is counterproductive for the meetings to continue past midnight. Council Policy Council Member Glasgow commented on Council Policy 100-4/Funding For ;100-4 in regard to withholding funds to agencies assist - Agencies Who Serve !,ing illegal aliens. He stated that the Policy has Illegal Aliens ;created quite a controversy and suggested that the issue be placed on a ballot as an advisory measure to deter- mine what the community prefers. The City Manager responded that it was too late for the November, 1989, ballot, but it could be placed on the 'June, 1990, ballot at a cost of approximately $15,000.00. iHe stated that a special election would cost approxi- mately $46,000.00. Mayor Buffa directed the City Manager to provide a report for a future agenda. ADJOURNMENT ;The Mayor declared'the meeting adjourned at 10:20 p.m. Mayor of the City Costa Mesa ATTEST: I , 1 ity Clerk of the City of Cost esa 1