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HomeMy WebLinkAbout09/18/1989 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 18, 1989 The City Council of the City of Costa Mesa, California, met in regular session September 18, 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 Richard Vallan Digham, United Church of Revelations. Council Members Present: Mayor Peter Buffa Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Vice Mayor Hornbuckle (Arrived at 9:15 p.m.) Officials Present: City Manager Allan Roeder Acting City Attorney Eleanor Frey Deputy City Manager/Development Services Don Lamm Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Amburgey, seconded by Council September 5, 1989 Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle absent, the minutes of the regular meeting of September 5, 1989, were approved as distributed. ORDINANCES A motion was made by Council Member Amburgey, seconded by Council Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle absent, to read all ordinances by title only. PROCLAMATION Mayor Buffa read a proclamation declaring Tuesday, College Hospital September 19, 1989, as College Hospital Day, and pre- sented the document to Linda Campbell, representing College Hospital. ORAL John McGlinn, 2365 Notre Dame Road, Costa Mesa, was COMMUNICATIONS dissatisfied with the treatment of undocumented aliens Undocumented Aliens and felt more should be done to assist them. Skateboarders Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, reported that there was a problem with children on skateboards at the downtown gym and requested something be done before a serious accident occurs. Resident Mr. Goldstein also reported on a rifle shooting inci- Shooting dent occurring at an apartment in his neighborhood and requested assistance with this problem. Immigration Laws John Feeney, 1154 Dorset Lane, Costa Mesa, expressed concern regarding violations of the Immigration Laws. Funding for the John Feeney requested that clearer guidelines be created Arts for the funding of the Arts Committee. Huntington Beach John Feeney inquired on the outcome of the investigation Community Clinic regarding the application of the grant fund for the Huntington Beach Community Clinic. The City Manager responded that the Clinic furnishes Medical and Counseling Services and provides information on a variety of sources and programs. Those persons seeking the information make the decision as to what course they will follow. Public Nuisance Dave Cooper, 139 Walnut Street, Costa Mesa, reported on Hoagie Barmichaels incidents occurring in his neighborhood due to the patronage of Hoagie Barmichael's, 1976 Newport Boule- vard, Costa Mesa, and requested that something be done to control the disturbances. Mayor Buffa expressed concern regarding the increase of complaints at Hoagie Barmichael's and directed staff to investigate their permits and to have a report avail- able by the Council meeting of October 2, 1989. He indicated there were various avenues to take to correct the disturbances. Steven Park, 1944 Church Street, Costa Mesa, suggested having week -end parking permits for the neighborhood areas affected by the patrons of Hoagie Barmichael's. Roberta Kyle, 139 Walnut Street, No. B, Costa Mesa, 'stated that she had $700.00 worth of damage done to her car on Friday, September 14, 1989, and she does not feel safe in the neighborhood. Public Nuisance Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, was Residence Party concerned about a resident on the street where he lives, permitting parties for teenagers with no adult super- vision. He further stated that the parties are loud, alcohol is consumed, litter is strewn all over the street, and neighboring properties are damaged. Mr. ;Humphrey requested a solution for this type of problem. Mayor Buffa suggested that Mr. Humphrey pursue this problem with the City Manager and the Police Department for further legal assistance. The City Manager stated that due to prior inquiries from Council, his office and the Police Department are in the process of drafting an ordinance addressing repeated disturbances at the same location. Council Meeting James L. Wynn, 573 Victoria Street, Costa Mesa, repre- Public Speakers senting the trustees at Brother Michael's Christian Mission, requested that in future Council meetings that greater care be given to notify the public of their time to speak. Farewell to Jonathan Volzke, 227 Pomona Street, Long Beach, a news Costa Mesa reporter for the Orange County Register, gave his fare- well to Costa Mesa as he is being transferred to Santa Ana. Training Program Sid Soffer, 900 Arbor Street, Costa Mesa, reported that Tijuana Residents there was a shortage of qualified workers in Tijuana and suggested the possibility of an organized training program for the residents there which would relieve the unemployment problem in that area and enable the people to remain where they live rather than seek employment across the border. Traffic Congestion Mr. Soffer mentioned a problem with the signal lights Newport Boulevard while traveling northbound and southbound on Newport Boulevard causing traffic delays and inquired if the equipment to coordinate signals was in working order. The City Manager responded that the Transporatation Department had notified Caltrans of the traffic signals and that the signals were also timed for the people that traverse east and west on Newport Boulevard and consid- eration has to.be allowed also for the present construc- tion work being done on Newport Boulevard. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 5, Rezone Petition R-89-05; and Item 9(a), Change Order No. 4, Bayside Builders. On motion by Council Member Amburgey, seconded by Council 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 WRITTEN On motion by Council Member Amburgey, seconded by COMMUNICATIONS Council Member Glasgow, and carried 4-0, Vice Mayor Hornbuckle absent, the following Reading Folder Items Reading Folder were received and processed: Claims Claims received by the City Clerk: Eric David Rowden; and Merle Vincent McEntee. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning Division: Hanour Corpora - Licenses tion,. doing business as Giggy's, 841 Baker Street; Jean Delvert, doing business as Gemmell's, 3000 Bristol Street; Circle K Convenience Stores, Incor- porated, doing business at 2263 Fairview Road; Joseph C.I. Corporation, doing business as La Pergola, 1969 Harbor Boulevard; Christine R.,Briee, doing business as Le Biarritz Deli and Catering, 250 Ogle Street, Suite D; Helen M. Kao, doing business as China West No. 2, 2300 Harbor Boulevard; LBI Holdings, Incorpor- ated, doing business as Liquor Barn, 1726 Superior Avenue; and In Hi and Yong Seo Kim, doing business at 1888 Placentia Avenue.. Wilson Street Letter from.Karen.011ila, 927 West Wilson Street, Traffic Costa Mesa, requesting Council to consider not only Mitigation deleting Bluff Road and the Wilson Street crossing over the Santa Ana River from the General Plan, but also downgrading Wilson Street west of Placentia Avenue to a ccmmuter road. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable Knights of Purposes, was received.from Knights of Columbus, 270 Columbus Robin Hood Lane, Costa Mesa, by solicitation of dona- tions from September 29 to October 1, 1989. On motion MOTION by Council Member Amburgey, seconded by Council Member Permit Approved Glasgow, and carried 4-0, Vice Mayor Hornbuckle absent, the permit was approved with application of Municipal Code Section 9-229. BUSINESS PERMIT Notice of Intention to Appeal or Solicit for Charitable B'Nai B'rith Women Purpose was received from B'nai B'rith Women, 10358 Nightingale Avenue, Fountain Valley, by soliciting MOTION donations from July 1 to November 1, 1989. On motion Permit by Council Member Amburgey, seconded by Council Member Approved Glasgow, and carried 4-0, Vice Mayor Hornbuckle absent, the the permit was approved with application of Munici- pal Code Section 9-229. SET FOR PUBLIC On motion by Council Member Amburgey, seconded by HEARING/R-89-04 Council Member Glasgow, and carried 4-0, Vice Mayor Southern California Hornbuckle absent, a public hearing was set for October College .2, 1989, at 6:30 p.m., in the Council Chambers of City Hall, for Rezone Petition R-89-04, Diversified Project, MOTION Incorporated, 23201 Lake Center Drive, Suite 200, El Hearing Set on Toro, authorized agent for Southern California College, October 2, 1989 55 Fair Drive, Costa Mesa, to rezone two adjoining lots at 2345 and 2359 Newport Boulevard from R2 to R4. Environmental Determination: Negative Declaration. WARRANTS 'On motion by Council Member Amburgey, seconded by Council Member Glasgow, Warrant Resolution 1442, includ- MOTION ;ing Payroll 8918, was approved by the following roll Warrant 1442 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 Hornbuckle absent, the following claims were rejected: Henry Akers; and Mark John Erfurt. ADMINISTRATIVE Staffrecommended refunding a $14,000.00 deposit to ACTIONS Pacific Vistas Development, 245 Fischer Avenue, Suite B-1, Costa Mesa, since street improvements have been PA -87-157 completed in connection with Planning Action PA -87-157, Refund to Pacific for property located at 2209, 2211, 2213, and 2219 Vistas Development Pacific Avenue. On motion by Council Member Amburgey, seconded by Council Member Glasgow, the refund was MOTION approved by the following roll call vote: Refund Approved AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Change Order "F" Staff requested approval of Change Order "F" for Robert Bein, William $28,000.00, to the contract with Robert Bein, William Frost and Associates Frost and Associates, 14725 Alton Parkway, Irvine, for the North Costa Mesa Improvement Study and Environmental MOTION Impact Report concerning the Fairview/Baker intersec- Change Order tion. On motion by Council Member Amburgey, seconded by Approved Council Member Glasgow, the change order was approved by -the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Parking Prohibition A motion was made by Council Member Amburgey, seconded on Paularino by Council Member Glasgow, to adopt Resolution 89-174, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, MOTION - CALIFORNIA, PROHIBITING PARKING ON A PORTION OF PAULARINO Resolution 89-174 FOR THE PURPOSE OF STREET SWEEPING. The motion carried by Adopted the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Conference Advance On motion by Council Member Amburgey, seconded by Council Member Glasgow, a Conference Advance for $930.81 MOTION ;for a police officer to attend the Officer Safety for Advance Approved K-9 Handlers Course in San Luis Obispo, December 3-9, 1989, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle New Job on motion by Council Member Amburgey, seconded by Coun- Classifications cil Member Glasgow, Resolution 89-175, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AMENDING RESOLUTIONS 89-4 AND 89-159 ADOPTING AND Resolution 89-175 ESTABLISHING RATES OF PAY -FOR NEW CITY CLASSIFICATIONS, Adopted was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MF14BERS: Hornbuckle Highway Patrol On motion by Council Member Amburgey, seconded by Coun- Agreement cil Member Glasgow, Resolution 89-176, A RESOLUTION OF THE CITY COUNCIL'OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AUTHORIZING AGREEMENTS BETWEEN THE COSTA MESA POLICE Resolution 89-176 DEPARTMENT AND THE STATE OF CALIFORNIA, DEPARTMENT OF Adopted CALIFORNIA HIGHWAY PATROL, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle R-89-05 Item 5 on the Consent Calendar was presented: Set a City of Costa Mesa public hearing for Rezone Petition R-89-05, City of Costa Mesa, to rezone properties at 2080 Charle Street and 523 Hamilton Street from R2 to C2. Environmental Determination: Negative Declaration. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, asked for an explanation of the $36,046.03 expenditure, and further stated that there were structural cracks in the concrete blocks of all three buildings. The Public Services Director responded that the expendi- ture was mainly for a drainage deficiency that required 400 feet of underground line, and was not anticipated at the onset of the project. He also stated that the cracks in the blocks are stress cracks, that the steel inside the.block takes all the pressure, and that the buildings have been inspected and certified to be sound. MOTION On motion by Council -Member Amburgey, seconded by Coun- Change-Order cil Member Glasgow, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle 71 Council Member Genis opposed the rezone stating that it created spot zoning and suggested waiting until the General Plan was -discussed. MOTION A motion was made by Council Member Genis, seconded Hearing Set on by Council Member Amburgey, and carried 4-0, Vice Mayor November 20, 1989 Hornbuckle absent, to set a public hearing on November 20, 1989, at 6:30 p.m. Change Order No. 4 Item 9(a) on the Consent Calendar was presented: Change Bayside Builders Order No. 4 for $36,046.03 to the contract with Bayside Builders and Engineering Contractors, Incorporated, 3100 West Lake Center Drive, Santa Ana, for the Corporation Yard Renovation - Phase I. Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, asked for an explanation of the $36,046.03 expenditure, and further stated that there were structural cracks in the concrete blocks of all three buildings. The Public Services Director responded that the expendi- ture was mainly for a drainage deficiency that required 400 feet of underground line, and was not anticipated at the onset of the project. He also stated that the cracks in the blocks are stress cracks, that the steel inside the.block takes all the pressure, and that the buildings have been inspected and certified to be sound. MOTION On motion by Council -Member Amburgey, seconded by Coun- Change-Order cil Member Glasgow, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle 71 PUBLIC HEARING The Clerk announced that this was the time and place Park Dedication set for the public hearing for an ordinance concerning Fees park dedications and payment of in -lieu fees. The Affidavit of Publication is on file in the Clerk's Office. No communications were received. The Deputy City Manager/Development Services summarized staff's memorandum dated September 12, 1989, and stated the ordinance would enable the City to require park dedication or payment of in -lieu fees as a condition of subdivision or residential property; and to bring the City Code into compliance with the City's General Plan and amendments to the State Subdivision Map Act. MOTION On motion by Council Member Glasgow, seconded by Council Ordinance 89-28 Member Amburgey, Ordinance 89-28, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CONCERNING PARK.DEDICATIONS AND PAYMENT OF IN -LIEU FEES, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Council Member Genis supported the ordinance but hoped that during the General Plan hearings, the dedication fee would be raised and that there would be new appraisals so fees could be updated. OLD BUSINESS The Clerk presented for second reading and adoption, R-89-01 Ordinance 89-25, in connection with Rezone Petition Satra/Gueguen R-89-01, Satra Development Corporation/Edwin P. Gueguen. The Deputy City Manager/Development Services summarized staff's memorandum dated September 13, 1989, which contains information and recommendations for the rezone. MOTION On motion by Council Member Amburgey, seconded by Coun- Ordinance 89-25 cil Member Glasgow, Ordinance 89-25, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 1932 AND 1940 MAPLE AVENUE FROM R2 TO R3, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: Hornbuckle Council Member Genis opposed the rezone, stating that it would be better to wait until the General Plan update was completed. R-89-0-2 The Clerk presented for second reading and adoption, Mariman/Avery/ Ordinance 89-26, in connection with Rezone Petition Mullen R-89-02, Rudy A. Mariman/Shirley R. Avery, Trustee of the Mullen Trust. MOTION On motion by Council Member Amburgey, seconded by Coun- Ordinance 89-26 cil Member Glasgow, Ordinance 89-26, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 1951 AND 1955 WALLACE AVENUE FROM R2 TO R3, was given second reading and adopted by the following roll call vote: AYES: COUNCIL NU24BERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: Hornbuckle Agreement With The The Clerk presented from the meeting of September 5, County of Orange 1989, helicoptermaintenance agreement between the City Helicopter of Costa Mesa and the County of Orange. Maintenance The City Manager summarized staff's memorandum dated August 30, 1989, explaining that this contract would reduce one half the.cost of the facility lease, mechanic expenses, utilities, and give somewhat more leverage when dealing with parts vendors. MOTION Following a brief discussion, a motion was made by Contract Council Member Amburgey, seconded by Council Member Approved Genis, to approve the Helicopter Maintenance Agreement with the County of Orange authorizing the Mayor and City Clerk to sign. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Measure "C" The City Clerk presented reconsideration of Measure "C" New Sidewalks New Sidewalk Construction for "Suggested Safe Routes to Tustin Avenue School" on Tustin Avenue.between 19th and 20 Streets. The Public Services Director summarized staff's memo- randum dated September 15, 1989, and presented a slide display exhibiting the two sidewalk plans and recom- mended that sidewalks be continuous from block to block. He mentioned that letters were sent to all affected owners and nearby interested property owners. Kent Edler,.1973 Tustin Avenue, Costa Mesa, stated that he was not in favor of sidewalks but if they were approved, he requested that they be straight and not meander and that they.go around his property to the driveway. Harriet Schablein, 1917 Tustin Avenue, Costa Mesa, opposed the sidewalks and presented a slide display of various homes on Tustin Avenue, commenting on the prob- lems with installing sidewalks at each location. Van Smith, 1998 Tustin Avenue, Costa Mesa, opposed the sidewalks and the meandering of sidewalks. Michael Wagner, 1982 Tustin Avenue, Costa Mesa, opposed sidewalks and presented a slide display of different views depicting the hazards the sidewalks could cause. Shelly Rosier, 1999 Tustin Avenue, Costa Mesa, favored the sidewalks and preferred they be against the curb. Esther Shaw, 1901 Tustin Avenue, Costa Mesa, opposed the sidewalks as the sidewalks take away the privacy of a residence. Marlene Matlin, 19.86 Tustin Avenue, Costa Mesa, favored the sidewalks and felt they will have to be installed in the future, if not now. David Doyle, 402 Costa Mesa Street, Costa Mesa, opposed the sidewalk, but if they were to be installed, he pre- ferred meandering sidewalks. Theo Martin, 1993 Tustin Avenue, Costa Mesa, favored the sidewalks next to the curb and stated that traffic was becoming heavy on the street, and he did not want to see women and children walking in the street. 7/1 Stephanie Wagner, 1982 Tustin Avenue, Costa Mesa, opposed the sidewalks but,will compromise. Mark Womble, 403 Costa Mesa Street, Costa Mesa, wanted sidewalks on the east side and not the west side and would like to see the sidewalks wrap around and be against the curb. Mike Shaw, 1901 Tustin Avenue, Costa Mesa, has sidewalks but stated their sidewalk was like a playground and felt their privacy is invaded. Steven Ewald, 1951 Tustin Avenue, Costa Mesa, preferred sidewalks against the curb and when installed, to extend them to the end of the property on Costa Mesa Street. Sid Soffer, 900 Arbor Street, Costa Mesa, received acknowledgement for his question that the land where the sidewalks are to be installed belongs to the City. MOTION A motion was made by Council Member Glasgow, seconded by Sidewalks Council Member Genis, and carried 3-1, Council Member Approved Amburgey voting no, to have sidewalks installed on both sides of the street adjacent to the existing curb and to have them meandering around palm trees as depicted in Exhibit 2. Council Member Amburgey opposed the motion because the evidence seemed to be split and the funds could be spent in another area. Vice Mayor Buffa supported the motion and felt more discussion was unnecessary after the survey results. RECESS The Mayor declared a recess at 8:15 p.m., and the meet- ing reconvened at 8:30 p.m. NEW BUSINESS The City Clerk presented a petition from 116 residents Regal Club Mobile of The Regal Club Mobile Home Park, 1845 Monrovia Ave - Home Park nue, Costa Mesa, requesting a rezone from R3 to Mobile Home Park designation. The Deputy City Manager/Development Services presented a memorandum dated September 12, 1989, explaining that the City does not currently have a zone specifically for mobile home parks and that according to code require- ments, rezones can only be initiated by the record property owner or by the City Council. Mayor Buffa repeated information given in memorandum for clarification: that such a zone does not exist in the City; this type of item would be discussed over the next thirty days in the General Plan hearings; and the property owner would be the only person able to request the rezone. Gerald Gibbs, 110 East Avenida Palizados, Suite 201, San Clemente, representing the Homeowners Association, stated the request for the rezoning was for the protec- tion of the homeowners due to many of the owners being senior citizens and asked that the issue be addressed to create a mobile home zoning feature. Susan Rosier, 939 West 19th Street, Costa Mesa, favored the rezone to the Mobile Home Park designation. Eleanor Humphrey, 1684 Whittier, Costa Mesa, stated that the Orange Coast Mobile Home Lodge has been in existence �7_ since 1949 and that mobile home zoning should be avail- able. She mentioned that the homeowners should have some rights as.their input to the community outweighs the input of the property owner. Vickie Talley, Post Office Box 17666, Anaheim, repre- senting the.park owner, Wells Fargo Trust, and the lessee of the park, Mr. Bice, stated that the owners were adamant in opposing the mobile home rezoning and commented that the present zoning covers the park since it conforms to the use in terms of a high density zone. She commented that the lease was just extended another five years and that the owners were not contemplating selling the property. Mayor Buffa directed Miss Talley to secure a letter from Wells Fargo indicating that they are aware of the pro- ceedings and to state their concerns. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, speaking on behalf of the Mesa West Homeowner's Association, favored the mobile home zoning and believes the people have a positive outlook and present a positive impact in the community. Ion Hunter, an officer with the Golden State Mobile Home Owners League, Incorporated, stated that the residents shop in the area, contribute to the community, and should be protected. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, was in favor of the mobile home rezoning and urged Council to include the rezone in the General Plan. MOTION A motion was made by Council Member Glasgow, seconded by Petition accepted Council Member Genis, and carried 4-0, to accept the petition from the mobile home owners. CITY ATTORNEY The Acting City Attorney referred to her report concern - Ryan Lawsuit ing Ryan vs. City of Costa Mesa, OCSC Case No. 39-28-35, explaining that the funds requested are to authorize the insurance company to expend the City's $15,000.00 plus whatever they want to contribute to try to settle the case. She also stated that this proposal gives the insurance representative settlement authority, and with- out that, the City would be in court violation. Vice Mayor Vice Mayor Hornbuckle took her seat at the Council table Hornbuckle Arrived at 9:15 p.m. MOTION Following discussion, a motion was made by Council Mem- Authorized Tender ber Glasgow, seconded by Council Member Genis, authori- of Remaining Self ing tender of the remainder of self insured retention Insured Retention to the insurance company for settlement purposes. The Funds motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented his confidential memorandum REPORT dated September 14, 1989, and requested Council to Team Building select dates for City Council/City Management team Sessions- building sessions. Mayor Buffa requested a proposal with sessions being done internally and a proposal from an outside concern. The Acting City Attorney commented that she felt the team building sessions were covered by the Brown Act, but mentioned that the sessions fall into a gray area making it difficult to decide. Vice Mayor Hornbuckle favored the program and suggested hiring an outside party to direct the program. Council Member Amburgey was in favor of the program. Council Member Genis commented that she has reservations on this type of program and preferred having discussions with diversity. The City Manager stated that he will proceed with the arrangements of the program. COUNCIL MEMBER Council Member Genis asked if forwarding complaints that COMMENTS were received on "dive" bars to the Alcoholic Beverage Reporting Taverns Commission (ABC) would be effective in deterring some of to ABC the problems that are occurring in these establishments. Parks Council Member Genis suggested the creation of a Parks Commission Commission that would be responsible for parks planning, parkway trees, parkway maintenance, and other recreation. Mayor Buffa stated he would be in favor of a Citizens Commission. Vice Mayor Hornbuckle was in favor of a commission and suggested that Council Member Genis fill out a Committee application form and submit to Council for approval. Fairgrounds Council Member Genis commented for public information Master Plan that the Fairgrounds Master Plan was upcoming, and to remind everyone to have proper lighting on their bicy- cles for night time riding. Arts on the Vice Mayor Hornbuckle congratulated the Chamber of Green Commerce for their success with the Arts on the Green program. She also mentioned that the Intra -Cultural Arts Festival is Saturday, September 23, 1989, at Lions Park from 11:00 a.m. to 5:00 p.m. Beechers' 50th Vice Mayor Hornbuckle offered congratulations and best Anniversary wishes to Betty Jean and Charlie Beecher on their 50th Wedding Anniversary. Communications Mayor Buffa asked the City Manager about the feasibility with ABC of spending some time with the Alcoholic Beverage Commission (ABC) for better guidance on the complaints initiated from alcohol dispensing establishments. Council Member Glasgow mentioned that the Police Depart- ment in the past did furnish this information to the Alcoholic Beverage Commission. The City Manager stated that the Police Department and Development Services have met and are establishing a regular monitoring process as licenses come through for review, and that information is forwarded to ABC. The City Manager mentioned that he was chairing a com- mittee for the County of City and County representatives for the creation of detox facilities around the County. He also stated that they had analytical information that could be helpful to Council. L, Vice Mayor Hornbuckle requested that this item be placed on a study session agenda. The Acting City Attorney stated that staff has worked very well with the Alcoholic Beverage Commission in the past and indicated they were very eager to deter any problems. ADJOURNMENT TO At 9:40 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss the following item: CITY ATTORNEY REPORT Pacific Amphitheatre Orange County Superior Court Case No. 42-07-28, Litigation Concerned Citizens of Costa Mesa vs. Ned West. MEETING Mayor Buffa reconvened the meeting at 10:05 p.m., and RECONVENED announced that during the closed session the City Manager was authorized to disburse funds in the amounts billed to date, plus further amounts to be billed for the remainder of the concert season, up to a maximum of $10,000.00 for noise monitoring in connection with the Pacific Amphitheatre Litigation. ADJOURNMENT The Mayor declared the meeting adjourned at 10:10 p.m. Ma or of t e Ci y sta Mesa ATTEST: i y Clerk of the City of Co a Mesa 77