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HomeMy WebLinkAbout05/07/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 7, 1990 The City Council of the City of Costa Mesa, California, met in regular session May 7, 1990, 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 Gerry Panilong, St. Joachim . Catholic 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 City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris City Clerk.Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council April 2 and 18, Member Amburgey, and carried 5-0, the minutes of the 1990 regular meeting of April 2, 1990, and the adjourned meeting of April 18, 1990, 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 Carl Bureman, 447 Princeton Drive, Costa Mesa, spoke COMMUNICATIONS about the Nabers Cadillac expansion program at 2600 Harbor Boulevard, reporting that the car dealer has not Nabers Cadillac lived up to his prcmises to the residents in that noise Expansion from the compressors has not been abated; the landscap- ing is in a state of extreme neglect; vehicles are being stored in an area which is not supposed be used for that purpose; the agency's lights are on all night; and the loud speakers are still being used. Mayor Buffa requested the Deputy City Manager/Develop- ment Services to have staff investigate these complaints and to report their findings to.Mr. Bureman. Relocation of Dr. Gerald McClellan, whose dental practice is being Dental Offices relocated to 601 West 19th Street, Costa Mesa, by L A by L A County County Land Company in connection with the Triangle Land Company Square development, spoke at length about the problems he and Dr. Flores have been encountering during the relocation process. MOTION A motion was made by Council Member Genis, seconded by Authorized Council Member Glasgow, to allow Dr. McClellan to speak Additional for.an additional two minutes. The motion carried 4-1, Time to Speak Council Member Amburgey voting no. Dr. McClellan reported that the electrical wiring and telephone connections have not been completed, and he felt that the delays could have been avoided by good planning. The City Manager offered to provide any assistance needed to expedite the relocation. Mayor Buffa encouraged Dr. McClellan to contact the City Manager if the situation is not resolved shortly. Tree Removal Gerry Zimmerman, 420 Costa Mesa Street, Costa Mesa, expressed his opinion that some of the trees being removed by the City, especially in the area of 18th Street and Orange Avenue, could have been saved by pruning the roots. Mr. Zimmerman stated that the City should have.a policy regarding tree removals. Mayor Buffa advised Mr. Zimmerman that the City has a very detailed tree policy and suggested that staff provide a copy to Mr. Zimmerman. The Public Services Director explained that only those trees causing damage to sidewalks, curbs, and gutters are being removed; however, trees which can be saved by root pruning are retained. SOS Relocation Janice Davidson, 1982 Arnold Street, Costa Mesa, asked about the status of Share Our Selves' (SOS) move from the Rea CommunityCenter. The City Attorney responded that the SOS move depends upon the court's decision dur- ing the eviction proceedings, and he anticipated that the case will be heard some time in June. Ms. Davidson was unhappy with the length of time it is taking to evict SOS. Phil Morello, 592-C Hamilton Street, Costa Mesa, urged Council to go forward with the eviction of SOS, and commented on the allegations concerning SOS's liabil- ity insurance. Pat Dolan, 923 West 20th Street, Costa Mesa, address- ing the SOS move from Rea Community Center, contended that eviction proceedings, even when contested, should not betaking this long. Mr. Dolan asserted that both the Director and Board President of SOS knew that the organization had no liability insurance when they appeared before the Council. Abandoned Phil Morello complained about the grocery store shopping Shopping Carts carts being abandoned throughout his neighborhood, and asked if the City could enforce Penal Code Section 488 which prohibits the removal of shopping carts from the owners' premises. Newspaper Phil Morello suggested that an efficient means of Recycling recycling newspapers would be to have the publishers offer discounts to those subscribers who return the newspapers to the delivery person. Street Sweeping James R. White, 493 Broadway, Costa Mesa, reported that Petition eight months ago, he submitted a petition containing signatures of 51 percent of the residents on Broadway, requesting "no -parking".. signs for street sweeping purposes. Mr. White stated that he has not been able to obtain any information from staff on the status of the request. The Public Services Director stated that as soon as he determines the status of the petition, he will contact Mr. White to advise him of his findings. Council Policy Debra Marsteller,:163 Albert Place, Costa Mesa, who is 100-4 affiliated with the Vantage Foundation, Rea Community Center, asked if discussion would be held this evening 1 1 regarding Council Policy 100-4, withholding funds from those nonprofit organizations who provide assistance to illegal aliens. Mayor Buffa responded that this issue would not be discussed at this meeting, but it might be addressed at the May 21 meeting. Ice Cream Vendors Richard Goldstein, 1981 Wallace Avenue, Costa Mesa, . stated there has been an influx of ice cream vendors in his neighborhood and wanted to know if they are required to have a City business license and a permit from the County Health Department. Mr. Goldstein reported that one vendor has been short-changing the children, there have been cases of the ice cream being rancid, and moreover, some of the ice cream trucks do not have company names on them. Sandra Benson, Senior Code Enforcement Officer, advised Mr. Goldstein that these vendors are required to have both a business license and a permit from the Health Department. She suggested that Mr. Goldstein contact the Code Enforcement Division in the morning and provide staff with more detailed information. CONSENT CALENDAR On motion by Council Member Amburgey, seconded by Vice. Mayor Hornbuckle, all 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 READING FOLDER On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following Reading Folder items were received and processed:. Claims Claims received by the City Clerk: Maria Angelica Belmonte; Martha I. Bloomberg; Sheri Lynn Hockmeyer; Frank Johnston; Mary N. Lilly; and Margo Morris. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning Division: Lou Bacca, doing Licenses business as Plaza Chevron, 3048 Bristol Street; To Ventures, Incorporated, doing business as 7 Day Liquor, 891 Baker Street, Suite 6; Joel E. Olry, doing business as The Reef Bar, 820 West 19th Street; Ana M. Alvarez, Evelia C. Rcman, Leonel D. Roman and Miguel Vilchis, doing business as Costa Mesa Meat Market, 1031 El Camino Drive; Harout Adessian, doing business as Harry's Shell, 2249 Harbor Boulevard; Young N. Kim, Young S. Kim, Nam Hee Oh, and [nbn Kyung Oh, doing business as Copper Tree Deli, 151 Kalmus Drive, Suite F-6; Fargo Hotels Corporation, 3350 Avenue of the Arts; Jorge S. Amezcua, Racquel A. Amezcua, Jesus Serrato, and Racquel Serrato, doing business as Don Chucho, 2300 Harbor Boulevard, Suite 5; and Lisa A. Cassara and Jim W. Wedgeworth, doing business as Balloons Unlimited, 2052 Newport Boulevard, Suite 7. Proposition 117 Communication from Kenneth and Patricia Hotz, 385 Preservation of Princeton Drive, Costa Mesa, requesting adoption of a California Habitat resolution in .support of Proposition 117, to preserve and Wildlife California habitat and to protect the State's wild- life. Long Beach Resolution from the City of Long Beach relating to Naval Shipyard possible closure of the Long Beach Naval Shipyards. 3 Urban Creek Notice from the Department of Water Resources concern - Restoration ing the proposed adoption of regulations to implement Program the Urban Creek Restoration Program. Police Officers Communication from Robert C. Francy, Director, Student Commended for Services, Newport -Mesa Unified School District, D.A.R.E. Program commending the Costa Mesa police officers who are presenting the D.A.R.E. Program to children in the school district. City's Share of Ccmmunication from State Controller Gray Davis which State Revenues provides the approximate revenues to be paid to the City during the fiscal year ending June 30, 1991. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Teen Challenge of Southern Teen Challenge California, 5445 Chicago Avenue, Riverside, by selling tickets from August 9, 1990, to August 8, 1991, for the MOTION annual pancake breakfast. On motion by Council Member Permit Approved Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Munci- pal Code Section 9-234(j). Veterans of Notice of Intention to Appeal or Solicit for Charitable Foreign Wars Purpose was received from Veterans of Foreign Wars, Coast Line Post No. 3536, 567 West 18th Street, Costa MOTION Mesa, by selling "Buddy Poppies" on May 18 and 19, 1990. Permit Approved On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j) Greenpeace Action Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Greenpeace Action, 8599 Venice MOTION Boulevard, Suite A, Lyes Angeles, by soliciting funds Permit Approved door-to-door from April 16 to June 30, 1990,'to promote the protection and preservation of the environment. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Jewish War Notice of Intention to Appeal or Solicit for Charitable Veterans Purpose was received from Jewish War Veterans of the U.S.A., Harry Hoff Post 595, c/o Sidney Chester, 851 MOTION Presidio Drive, Costa Mesa, by selling "Buddy Poppies" Permit Approved from May 14 to May 28, 1990. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Celebrate Freedcm Notice of Intention to Appeal or Solicit for Charitable Outreach Purpose was received from Celebrate Freedom Outreach, 2316 South Harbor Boulevard, Suite 518, Anaheim, MOTION by selling Barbecue Chicken Dinner tickets from May 1 Permit Approved through.June 15, 1990. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and car- ried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). SET FOR PUBLIC On motion by Council Member Amburgey, seconded by Vice HEARING Mayor Hornbuckle, and carried 5-0, the following item was set for public hearing on May 21, 1990, at 6:30 p.m., in the Council Chambers of City Hall: R-90-03 Rezone Petition R-90-03, Donn Hall, 930 West 16th Hall/Hatashi Street, Suite E2, Costa Mesa, authorized agent for Kenneth Hayashi, 1900 Sepulveda Boulevard, Los 1 P MOTION Angeles, to rezone property at 2881.and 2891 Bear Hearing Set for Street and the adjacent flood control channel from R3 May 21, 1990 (Multiple -family Residential 2,000 -square -foot -unit) to R4 (Multiple -family Residential 1,500 -square -foot unit) in conjunction with the addition of 93 apart- ments to an existing 39 -unit apartment complex. Environmental Determination: Negative Declaration. WARRANTS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Warrant Resolutions 1464 and 1465, MOTION including Payrolls 9008 and 9009, were approved by the Warrants 1464 following roll call vote: and 1465 Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following claims were rejected: Adamson Steven C. Adamson; Canada Elizabeth, Rex, and John Canada; Carpenter Mary Carpenter; Hajisafari Hassan Hajisafari; James Christopher H. Janes; Mohamed Kassim Saeed Mohamed; Olson/Hernandez Alicia Romero Olson, for Christopher Hernandez, a minor; Quintero Rafael Ramirez Quintero; and Rosales Lynette M. Rosales. AEMINISTRATIVE Bids received for Bid Item 881, Lightbars, are on file ACTIONS in the Clerk's office. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the Bid Item 881 contract was awarded to Hi Standard Automotive, 521 Lightbars East First Street, Santa Ana, for $7,446.00. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Awarded to Amburgey, Genis, Glasgow Hi Standard NOES: COUNCIL MEMBERS: None Automotive ABSENT: COUNCIL MEMBERS: None Bid Item 882 Bids received for Bid Item 882,, Upgrade the City's Video Upgrade the City's System, are on file in the'Clerk's office. On motion Video System by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the contract was awarded to Essential MOTION Technologies, Incorporated, 6582 Lennox -Drive, Hunting - Awarded to ton Beach, for $136,520.63. The motion carried by the Essential following roll call vote: Technologies AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 887 Bids received for Bid Item 887, Microcomputer Systems Microcomputers and Software, are on file in the Clerk's office. On and Software motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the contract was awarded to MOTION Awarded to Ccxnputerland Info Systems Ccmputerland Info Systems,.for $8,521.25. 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 Demolition of Five Bids received for Removal and Demolition of Five Struc- Structures on tures on Victoria Street are on file in the Clerk's Victoria Street office. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the contract was awarded to MOTION Frank Garcia, Incorporated, 5321 Derry Avenue, Unit A, Awarded to Agoura Hills, for $39,900.00. The motion carried by the Frank Garcia following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Traffic Signal on Bids received for Traffic Signal Installation on Paularino Avenue Paularino Avenue at the Red Lion Inn are on file in the at the Red Lion Inn Clerk's office. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the contract was MOTION awarded to Intersection Maintenance Service, 244 East Awarded to Avenue, Suite K-4, Lancaster, for $59,500.00. The Intersection motion carried by the following roll call vote: Maintenance AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Service Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Staff requested authorization to purchase one flexible Flexible Fuel fuel Ford Crown Victoria LX automobile through the State Automobile of California, Department of General Services, at a cost of $18,341.44. This purchase reflects Council's desire to participate in a methanol fleet vehicle pro- gram as indicated in Resolution 88-94, adopted on November 21, 1988. MOTION On motion by Council Member Amburgey, seconded by Vice Resolution 90-33 Mayor Hornbuckle, Resolution 90-33, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Amburgey, seconded by Vice Resolution 90-34 Mayor Hornbuckle, Resolution 90-34, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES, STATE OF CALIFORNIA, AND THE CALIFORNIA ENERGY COMMISSION TO ACT ON THE CITY'S BEHALF IN OBTAINING METHANOL FUEL FLEXIBLE VEHICLES FOR THE CITY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with JDK The City Manager requested authorization to enter into Consulting Service an agreement with JDK Consulting Service, 1608 Riverview Circle, Huntington Beach, to provide services for the City's Housing and Rental Rehabilitation Programs. On I HCDA Housing and motion by Council Member Amburgey, seconded by Vice Rental Rehabili- Mayor Hornbuckle, the City Manager was authorized to tation Programs negotiate and execute an agreement with JDK Consulting Services. The motion carried by the following roll MOTION call vote: Authorized City AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Manager to Negoti- Amburgey, Genis, Glasgow ate and Execute an NOES: COUNCIL MEMBERS: None Agreement ABSENT: COUNCIL MEMBERS: None Agreement with The City Manager requested authorization to enter into Ralph Andersen a professional services agreement with Ralph Andersen and Associates, 4931 Birch -Street, Newport Beach, to Recruitment for recruit a Transportation Services Manager. On motion Transportation by Council Member Amburgey, seconded by Vice Mayor Services Manager Hornbuckle, the request was approved by the following roll call vote MOTION/Authorized AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, City Manager to Amburgey, Genis, Glasgow Enter into an NOES: COUNCIL MEMBERS: None Agreement ABSENT: COUNCIL MEMBERS: None Agreement with The City Attorney recommended approval of an agreement County of. Orange with the County of Orange for prosecution services by the Orange County District Attorney's office. These Prosecution services will cost $59.00 for each case filed with the Services District Attorney, $52.00 per hour for attorney time, and $26.00 for clerical time. On motion by Council MOTION Member Amburgey, seconded by Vice Mayor Hornbuckle, the Agreement Approved agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff requested approval of an agreement with Dale Dale Christian Christian, Structural Engineer, Incorporated, 1748 West Katella Avenue, Suite 208, Orange, for.$5,500.00, to Structural Design provide the structural design and specifications to of Elevator at the install an elevator at the Costa -Mesa Golf Course Club - Costa Mesa Golf house. On motion by Council Member Amburgey, seconded Course Clubhouse by Vice Mayor Hornbuckle, the agreement was approved, and the Mayor and Clerk were authorized to sign on MOTION behalf of the City. The motion carried by the follow - Agreement Approved ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Amburgey, seconded by Vice 90-95 - Acquisition Mayor Hornbuckle, Budget Adjustment No. 90-95 for of Right -of -Way at $613,615.00, to provide an adequate appropriation to Baker Street and acquire right-of-way on Baker Street and Fairview Road, Fairview Road with funding to be provided by Arnel Development as required in the Metro Pointe Development agreement. The MOTION motion carried by the following roll call vote: Adjustment Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Amburgey, seconded by Vice 90-96 - Improvements Mayor Hornbuckle, Budget Adjustment No. 90-96 for on Sunflower Avenue $65,395.00, to provide an adequate appropriation to at Plaza Drive construct improvements on Sunflower Avenue at Plaza MOTION Drive, with funding to be provided by C. J. Segerstrom Adjustment Approved and Sons. 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 Rates of Pay for The City Manager recommended adoption of a resolution Executive Classifi- establishing rates of pay for executive job classi- cations, including fications, including new classifications of Deputy New Classifications Treasurer, Fire Division Chief, and Fire Division Chief/ Fire Marshal. On motion by Council Member Amburgey, MOTION seconded by Vice Mayor Hornbuckle, Resolution 90-35, Resolution 90-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, ESTABLISHING RATES OF PAY FOR EXECU- TIVE JOB CLASSIFICATIONS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Initiating Proceed- ings for Landscaping Assessment District No. 1 MOTION - Resolution 90-36 Adopted On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Resolution 90-36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF_COSTA MESA, CALIFORNIA, INITIATING PROCEEDINGS FOR RENEWAL OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 1, located in Tracts 9901 and 12011, south of Sunflower Avenue and east of Smalley Road, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Initiating Proceed- On motion by Council Member Amburgey, seconded by Vice ings for Landscaping Mayor Hornbuckle, Resolution 90-37, A RESOLUTION OF THE Assessment District CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, No. 2 INITIATING PROCEEDINGS FOR RENEWAL OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO. 2, located in the MOTION area of Bear Street and the Corona del Mar Freeway, was Resolution 90-37 adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sale of Surplus The Public Services Director recommended that the City Land behind 1970 sell surplus land located behind 1970 Church Street to Church Street the abutting property owners for $6,700.00. A motion was made by Council Member Amburgey, seconded by Vice MOTION Mayor- Hornbuckle, approving the Grant Dred and Agree - Resolution 90-38 ment for Transfer of Real Property, and authorizing the Adopted Mayor and Clerk to sign said documents on behalf of the City; and adopting Resolution 90-38, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING SALE OF SURPLUS PROPERTY BEHIND 1970 CHURCH STREET. 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 Change Order "B" The Public Services Director recommended approval of Norris-Repke Change Order "B" for $23,340.25, to the contract with Norris-Repke, Incorporated, 2882 Walnut Avenue, Suite Design of the A, Tustin, for additional design work related to the Victoria Street Victoria Street widening. On motion by Council Member Widening Amburgey, seconded by Vice Mayor Hornbuckle, the change order was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Change Order Amburgey, Genis, Glasgow Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order 1 Damon Construction 1989-90 Citywide Measure."C" Parkway Maintenance MOTION Change Order Approved The Public Services Director recommended approval of Change Order No. 1 for $42,844.10, to the contract with Damon Construction Company, 500 East Gardena Boulevard, Gardena, for additional work required for the 1989-90 Citywide Measure "C" Maintenance project. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the change order was approved by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Amburgey, Genis, Glasgow None None Change Order 13 and The Community Services Director recommended approval of Notice of Completion Change Order No. 13 for $11,812.91, to the contract Damon Construction with Damon Construction Company, 500 East Gardena Boule- OLD BUSINESS The Clerk presented from the meeting of April 16, 1990, Request for Funds a request for $5,000.00 from the Human Relations Commit - from the Human tee for its fourth multi -cultural arts festival. Relations Committee Vice Mayor Hornbuckle stated that the committee has provided answers to questions raised by the Council at the last meeting. She reported that although refresh- ments were not free to the public, the providers lost approximately $250.00 at last year's festival; the amount of the request for this year's festival was increased because the committee was hoping to expand the scope of the festival; and approximately $300.00 will be paid to each entertainment group as an honorarium to cover the cost of the group's expenses. Pat Dolan, 923 West 20th Street, Costa Mesa, asked about the cultures which will be represented at the festival. Vice Mayor Hornbuckle responded that some of the groups performing at the festival are Irish folk singers, belly dancers, Japanese Buddhist drummers, banjo and guitar players, a ballet troupe, and Aztec dancers. Motion Made to A motion was made by Vice Mayor Hornbuckle, seconded by Approve $5,000.00 Council Member Genis, approving a grant of $5,000.00, with the stipulation that money paid to the performers shall be for traveling and incidental expenses only. a vard, Gardena, for additional work required in connec- Mesa Verde Drive tion with the Mesa Verde Drive Loop renovations. He Loop Renovation also recommended acceptance of the improvements since work was completed satisfactorily on March 30, 1990. MOTION On motion by Council Member Amburgey, seconded by Vice Change Order Mayor Hornbuckle, the change order was approved; the Approved; Wbrk work was accepted; the Clerk was authorized to file a Accepted Notice of Completion; authorization was given to release the retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the'follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of April 16, 1990, Request for Funds a request for $5,000.00 from the Human Relations Commit - from the Human tee for its fourth multi -cultural arts festival. Relations Committee Vice Mayor Hornbuckle stated that the committee has provided answers to questions raised by the Council at the last meeting. She reported that although refresh- ments were not free to the public, the providers lost approximately $250.00 at last year's festival; the amount of the request for this year's festival was increased because the committee was hoping to expand the scope of the festival; and approximately $300.00 will be paid to each entertainment group as an honorarium to cover the cost of the group's expenses. Pat Dolan, 923 West 20th Street, Costa Mesa, asked about the cultures which will be represented at the festival. Vice Mayor Hornbuckle responded that some of the groups performing at the festival are Irish folk singers, belly dancers, Japanese Buddhist drummers, banjo and guitar players, a ballet troupe, and Aztec dancers. Motion Made to A motion was made by Vice Mayor Hornbuckle, seconded by Approve $5,000.00 Council Member Genis, approving a grant of $5,000.00, with the stipulation that money paid to the performers shall be for traveling and incidental expenses only. a 14, Council Members Buffa, Amburgey, and Genis felt the amount requested was too high. SUBSTITUTE MOTION A substitute motion was made by Mayor Buffa, seconded by Approved $2,500.00 Vice Mayor Hornbuckle, to approve a grant of $2,500.00 for the festival. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis NOES: COUNCIL MEMBERS: Amburgey, Glasgow ABSENT: COUNCIL MEMBERS: None Council Member Genis commented that the Living Rocm Dialogues seemed to have been the most successful in human relation activities. Responding to Council Member Amburgey's question, the City Manager stated that the $2,500.00 would be taken from the Advertising and Promotion fund; however, the money could be taken from Cultural Arts funds. Council Member Amburgey commented that in the future, it may be appropriate for the committee to request a public service grant. NEW BUSINESS The Clerk presented an appeal of the City Manager's Appeal of Staff's denial of Public Entertainment Permit No. 90-004, for Denial to Issue a Hogue Barmichaels Bar, c/o Sunset Restaurants, Incor- Permit for Hogue porated, 1976 Newport Boulevard, said permit being a Barmichael's Bar renewal of expired Permit No. 89-012. A letter was received from the law offices of Marc J. Lebovitz, 1851 East First Street, Suite 1450, Santa Ana, representative for the applicant, Jules Boryczweski, stating that since the applicant is in the process of filing a Conditional Use Permit, Council should defer any negative action on the appeal until a ruling has been made on the Conditional Use Permit. The Deputy City Manager/Development-Services summarized a memorandum frau the Senior Code Enforcement Officer dated May 2, 1990. He emphasized the fact that since Hogue Barmichael's shares parking with three other businesses on neighboring properties, a Conditional Use Permit for off-site parking is required pursuant to Costa Mesa Municipal Code Section 13-558. The Deputy City Manager reported that while researching the history of the subject site in relation to the litiga- tion that has been in process between the City and Hogue's, staff discovered that at the time the Pier 11 bar operated at that site, the City revoked an off-site parking Conditional Use Permit; however, a judgment issued in 1976 allowed Pier 11 to continue operating. He reported that staff found that a succession of bars operated at the site under that same 1976 judgment, although the records show that the judgment only pertained to Pier 11. The Deputy City Manager stated that until the applicant has a Conditional Use Permit, the City should not re -issue the Public Entertainment, Permit. Ron Talmo, attorney for the applicant, requested that Council delay its decision on the Public Entertainment Permit until the Conditional Use Permit has been considered. Mr. Talmo also wanted time to investigate the prior judgment made in 1976. Jules Boryczewski, owner of'Hogue Barmichael's, and the Senior Code Enforcement Officer clarified some issues regarding the off-site parking locations. Mr. Boryczewski commented that the bar has been in business for nine years and no one from the City ever mentioned that a Conditional Use Permit was required. He also spoke about the steps he has taken to allevi- ate neighborhood problems. Motion to Uphold A motion was made by Council Member Amburgey to deny the Staff's Denial request for a continuance, and to uphold staff's denial - Died for Lack of of Public Entertainment Permit 90-004. The motion died a Second for lack of a second. Council Member Genis asked the City Attorney to explain the effect on the existing court order staying the conditions imposed,by Council in December, 1989, if Council did not renew the permit. The City Attorney responded that these are separate issues, and stated that the court's stay applies only to the permit for which a renewal is being requested. MOTION A motion was made by Council Member Genis, seconded by Temporary Permit Vice Mayor Hornbuckle, to approve a new Public Enter - Approved tainment Permit for 60 days or until such time as the Conditional Use Permit comes before Council, subject to the same conditions imposed on December 4, 1989, for Entertainment Permit No. 89-012, emphasizing that 130 parking places must be provided for the facility. The motion carried 3-2, Council Members Amburgey and Glasgow voting no. NEW BUSINESS The Clerk presented a request for $5,750.00 from the City of -Costa Mesa Costa Mesa - Newport Harbor Lions Club, Incorporated, Psrade Float Post Office Box 10628, Costa Mesa, to build and operate the City of Costa Mesa float for this year's Fish Fry Parade and six other parades. The City Manager stated that if Council approves the request, the grant would be taken from the Advertising and Promotion account. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, Parade Director for the Lions Club, submitted pictures of the float which will be constructed by Green Float Company of Garden Grove. Mr. Ferryman explained that the money being requested this year is less than that requested in 1989 because the float will be entered in seven instead of nine parades because two parades were cancelled. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Approved an Member Genis, an allocation of $5,750.00 was approved Allocation of by the following roll call vote: $5,750.00 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a resolution from the Costa Mesa Propositions 108 Chamber of Commerce supporting Propositions 108 and 111 and 111 on June 5, which are on the June 5, 1990, ballot. 1990, Ballot The City Manager summarized his memorandum dated May 2, 1990-, which explains the two propositions: Proposition 108: Implements "The Passenger Rail and Clean Air Bond Act of 1990 and 1994", each of which would authorize an $18.5 billion transportation improvement package utilizing State general obliga- tion bonds. Proposition 111: Revises the spending limit calcu- lations for local and State governments; increases vehicle fuel taxes and truck weight fees in order to fund transportation improvements; and revises the school funding initiative passed in 1988. The City Manager referred to a proposed City resolution supporting these issues, and mentioned that the Chamber of Commerce has provided a nine -minute video regarding the two propositions. Council decided to have the video shown during recess. Mayor Buffa asked if Proposition 111 stipulated that the gas tax increase would be spent solely on trans- portation improvements. The City Manager reported that the League of California Cities has advised that the increase must be used for transportation; however, that stipulation does not apply to existing gas taxes. MOTION A motion was made by Council Member Amburgey, seconded Resolution 90-39 by Vice Mayor Hornbuckle, to adopt Resolution 90-39, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SUPPORTING PROPOSITIONS 108 AND 111 IN THE JUNE 5, 1990, ELECTION, directing staff to forward a copy of the Resolution to the California League of Cities, Orange County Division, and to encourage other cities to adopt a similar Resolution. AMENDED MOTION At the request of Mayor Buffa, Council Member Amburgey Modified amended his motion by modifying Resolution 90-39 to Resolution 90-39 include wording in the fifth paragraph which would stipulate that the gas tax increase shall be used exclusively for local transportation improvements, and shall not be deposited in the General Fund. The amended motion was seconded by Vice Mayor Hornbuckle. Council Member Genis opposed the motion because at this time, she had questions which prevented her from whole- heartedly endorsing the propositions. The amended motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:25 p.m., and the meet- ing resumed at 8:45 p.m. During recess, the video tape concerning -Propositions 108 and 111 was shown. Ccmments on Phil Morello, 592-C Hamilton Street, Costa Mesa, stated Propositions 108 that these propositions were incorrect in their approach and 111 to solving transportation problems for Costa Mesa and the State. Mr. Morello labeled the film "propaganda", and felt that it should not have been shown at a Council meeting. Council Member Amburgey contended that the film neither supports nor opposes the propositions. Council Member Genis commented that in the future, it may be well for Council to screen presentations made at the meetings. NEW BUSINESS The Clerk presented a request for a grant of $500.00 Educational from the Cultural Arts Committee for Educational Achievement Achievement Awards. Awards The City Manager referred to his memorandum dated May 1, 1990, which explains the award program. M MOTION On motion by Council Member Amburgey, seconded by Approved $500.00 Council Member Glasgow, an allocation of $500.00 was Allocation approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None _ NEW BUSINESS The Clerk presented amendments to the Citywide Signal Citywide Signal Coordination Study which reflect concerns expressed Coordination Study by Joan Morrow, 3023 Royce Lane, Costa Mesa, regarding signalization at the intersections of Harbor Boulevard at Gisler Avenue, Harbor Boulevard at Baker. Street, and Fairview Road at Baker Street. The Public Services Director summarized his memorandum dated April 25, 1990, which discusses Mrs. Morrow's complaint that the "green time" for westbound Gisler Avenue is so short that drivers must wait three cycles to proceed through the intersection; the same type of complaint was expressed for the Fairview Road/Baker Street and Harbor Boulevard/Baker Street intersections, in that only three vehicles can make a turn on any given light. The Director recommended incorporating these concerns into the Citywide Signal Coordination Study being done by Herman Kimmel and Associates. Council Member Genis requested adding another location to the Study: the traffic lane on Baker Street used to enter the shopping center where Von's Market is located (Baker Street/Harbor Boulevard intersection). Report Received; Vice Mayor Hornbuckle asked if the cost of the study No Action Required would increase because of the addition of these loca- tions. The Public Services Director stated that the cost would not be affected. The report was received and no action was required. NEW BUSINESS The Clerk presented a request from the City Manager Appointments to concerning appointment of seven residents and two the HCD Ad Hoc Council Members to the Housing.and Community Development Committee (HCD) Ad Hoc Committee. The City Manager reported that an Ad Hoc Committee is appointed annually as required by the Department of Housing and Urban Development. Referring to his memor- andum of April 30, 1990, the City Manager pointed out that the committee's responsibilities include making recommendations to Council for allocation of the City's 1990-91 Community Development Block Grant (CDBG) grant; and approval of a final statement for the 1990-91 CDBG application. The City Manager mentioned that Janice Davidson had submitted a resume but it was inadvertently omitted from the information provided to Council. Council Member Amburgey stated that even though Council is aware of Ms. Davidson's community activities, he would suggest continuing this item for two weeks so that Council could review her application. The City Manager stated that time is of the essence since there is a deadline of July 1, 1990, to file the CDBG application. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Appointed Cole, Member Genis, and carried 5-0, Jean Cole, Elizabeth Meyer, and Wiley Meyer, and Matthew Wiley were appointed to the HCD Ad Hoc Committee. 13- Motion to Delay A motion was made by Council Member Glasgow to delay Making Remaining the other appointments for two weeks because of the Appointments Died missing application from Ms. Davidson. The motion for Lack of a Second died for lack of a second. Council Member Genis asked Ms. Davidson why she wanted to be on the HCD Committee. Ms. Davidson replied that it was her intention to expand her community involvement beyond her activities on the west side. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Davidson, Member Amburgey, and carried 5-0, four additional resi- Scharnhorst, dents were appointed to the HCD Ad Hoc Committee: _Riker, and Davies Janice Davidson, Jack Van Scharnhorst, Helen Riker, and Appointed. Connie Davies. Council Members Mayor Buffa appointed Vice Mayor Hornbuckle and Council Appointed Member Genis to serve on the committee. NEW BUSINESS The Clerk presented a report from the City Manager 'Senior Citizens concerning exterior building elevations and cost esti- Multipurpose mates for the proposed Senior Citizens Multipurpose Center Center. The City Manager gave a brief outline of his memorandum dated May 3, 1990, reporting that in accordance with the Memorandum of Understanding between the City of Costa Mesa and the Senior Citizens Corporation, Council approval is required for the elevations and cost esti- mates. He recommended that Council reaffirm its commit- ment to grant a maximum of $2.5 million for construction of the project; and advised that related site work and demolition of existing facilities are the financial responsibility of the City. Michael Nutter, 3469 Plumeria Place, Costa Mesa, Presi- dent, Costa Mesa Senior Citizens Corporation, was present to answer questions; however, Council did not require additional information. The City Manager reported that the City's funding commitment and related site work costs for the Center will be part of the proposed 1990-91 Budget which he will be submitting to Council next month. He also stated that the building will be owned by the City and leased to the Seniors Corporation. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, supported the project and suggested that the site be cleaned up and a sign posted indicating that the property is the site of the future Senior Citizens Center. MOTION A motion was made by Council Member Glasgow, seconded by Elevations and Council Member Amburgey, to approve the exterior eleva- Costs Approved tions as presented, and to reaffirm Council's previous commitment to provide a maximum of $2.5 million for construction of the building. 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 Appointments to The Clerk presented a request from Marie Maples, Chair - Senior Citizens person of the Senior Citizens Committee, to appoint two Committee residents to the committee. Responding to a question from Council Member Genis, Marie Maples advised that two applications were received as a 15 result of the City's advertisement. She requested that staff continue to advertise for applicants since she expected another vacancy shortly, and alternate members are needed. Vice Mayor Hornbuckle mentioned that applicants need not be senior citizens to serve on this panel. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Appointed Beiza Member Glasgow, and carried 5-0, Stanley M. Beiza and and Morimoto Amy T. Morimoto were appointed as members of the Senior Citizens Committee. NEW BUSINESS The Clerk presented a report from the City Manager dated 1990-91 Public May 4, 1990, which contains reccmmendations for alloca- Service Grants; tion of Federal General Revenue Sharing and Community Urgency Request Development Block Grant funds to local service organi- from Feedback zations. Foundation .The Clerk also presented a request from Feedback Founda- tion, Incorporated, for an emergency grant of $12,000.00 for fiscal year 1989-90. The City Manager recommended that allocation of public service funds be continued to the meeting of May 21, 1990, because after the interviews and recommendations were completed, staff found that there are General Revenue Sharing funds available for fiscal year 1990-91 in the amount of $165,000.00. The City Manager referred to the letter from Feedback Foundation, Incorporated, 1200 North Knollwood Circle, Anaheim, which explains the need for an immediate grant of $12,000.00 to avoid closing the nutrition sites during the month of June. He stated that a representa- tive from the Foundation was present to answer questions frcm Council. In regard to an earlier discussion under Oral Communi- cations concerning the status of Council Policy 100-4, the City Manager recommended scheduling this item for May 21, 1990. Shirley Cohen, Executive Director of Feedback Founda- tion, -gave a brief presentation on the services provided to elderly Costa Mesa residents, and answered questions from Council. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, spoke in support of granting the emergency funds. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Approved a Grant Member Genis, a grant for $12,000.00 from the Federal of $12,000.00 Revenue Sharing account was approved as part of Feedback to Feedback Foundation's 1990-91 grant allocation. Substitute Motion Council Member Amburgey made a substitute motion to Died for Lack of approve the grant as stated in the original motion a Second provided that the Foundation will screen applicants to make sure they are in this Country legally. The motion died for lack of a second. The original motion by Vice Mayor Hornbuckle carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None MOTION/Allocation Mayor Buffa made a motion, seconded by Vice Mayor of Funds Continued Hornbuckle, to continue to May 21, 1990, allocation of to May 21, 1990 the remaining public service funds. SUBSTITUTE MOTION A substitute motion was made by Council Member Amburgey, Added the Issue of seconded by Council Member Glasgow, to add to the motion HUD Funding to the that Council will discuss the issue of HUD (Department May 21, 1990, of Housing and Urban Development) funding at the May 21 Agenda meeting when the public service funds are allocated. Mayor Buffa questioned whether Council would have any information to discuss regarding HUD funding (Council Policy 100-4). Council Member Amburgey commented that it was his understanding that the City Attorney would have his legal opinion prepared for the next meeting. The City Attorney confirmed that he expected to have the opinion ready for the May 21 meeting, and if he did not, he would advise Council. The substitute motion carried 3-2, Council Members Hornbuckle and Genis voting no. NEW BUSINESS The Clerk presented an amendment to the Costa Mesa Prohibiting Display Municipal Code to restrict display of harmful matter in of Harmful Matter newsracks. in Newsracks The City Attorney referred to his report dated April 20, 1990, stating that the proposed amendment to Section 11-1 would require placement of blinder racks to restrict the display of harmful matter to the general public. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 90-5 Member Glasgow,.Ordinance 90-5, AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RESTRICT - Reading ING THE DISPLAY OF MATTER WHICH IS HARMFUL TO MINORS, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL ME14BERS: None NEW BUSINESS The Clerk presented an amendment to the Costa Mesa Designating Reserve Municipal Code concerning designation of certain reserve Police Officers as police officers as having full peace officer status. having Full Peace Officer Status The City Attorney summarized his report dated April 20, 1990, explaining that the amendment to Municipal Code Section 14-50.1(a) would permit certain reserve officers who have qualified by certification or completion of required course work and training, to be elevated to full peace officer status on recommendation by the Police Chief. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 90-6 Member Genis, Ordinance 90-6, AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING Reading CHAPTER III OF TITLE 14 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO RESERVE POLICE OFFICERS, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The Mayor announced that a closed session would be -held REPORT at the close of regular business to discuss pending Request for Closed litigation: Harry Green vs. Kathy Hall, and the claim Session from Tim Green. CITY ATTORNEY The City Attorney presented alternatives for funding - REPORT the Tourism, Arts, and Promotion (TAP) Corporation; and Funding for Tourism, a TAP contract for professional services with Daman Arts, and Promotion Associates, in an amount not to exceed $21,500.,00, in Corporation conjunction with establishing a Benefit Assessment District. (These issues are detailed in his reports dated May 1, 1990, and April 12, 1990, respectively.) Responding to questions from Council, the City Attorney reported that if Council approves his recommendation to execute the service contract in connection with forming an Assessment District, the City could proceed with the necessary studies and title reports for the special assessment; however, that would not preclude the City from adopting a user fee for the same services at a later date. The City Attorney stated that if Council were to establish a user fee, the legal descriptions for the assessment district may not be needed, depending upon the method by which the TAP fee is established. He commented that each alternative has its advantages and disadvantages: the assessment district is much more structured and would impose a lien against real prop- erty; the user fee is less structured in the sense that as long as the City can identify the services and who will be utilizing them, it is a.pay-as-you-go method. He also explained that the assessment district can be protested by the people being assessed, while there is no provision for protests in the user fee concept. Ed Fawcett, Countryside Inn, 325 Bristol Street, Costa Mesa,'reported that 11 of 17 representatives from the hotel/motel industry preferred the assessment district while 6 had no opinion at this time. Council Members Amburgey and Glasgow expressed their preference for'the user fees concept rather than the assessment district. Council Member Genis stated that she would not commit to repealing the Transient Occupancy Tax (TOT); however, she would consider reducing it. She felt that she may have broken faith with the electorate since she did go along with the concept now under consideration, but after considerable deliberation, she decided that it was not appropriate to be spending this money on athletic festivals, golf tournaments, and advertising. Council Member Genis believed that this project is subverting the Gann Limitation, and that it is not consistent with the provisions in the State Constitution for citizen participation. She asserted that government should not be involved in the type of activities for which the TAP funds will be used. Mayor Buffa was of the opinion -that the Gann Limitation was not being -circumvented, and commented that Council has not yet made a decision on how these funds will be spent. Council Member Amburgey contended that these fees are similar to those which the City charges for existing programs; and the TOT should have been a fee all along, not a tax subject to the Gann Limitation. Vice Mayor Hornbuckle was in favor of TAP, but she wanted more information on the assessment district and user fee. The City Manager stated that the assessment district and user fee concepts can proceed without impacting the Transient Occupancy Tax (TOT). He reported that within the next 30 days, there will be discussion on the issues raised by Council Member Genis, that is, the impact on City services and the City's budget for the next fiscal year; however, that should not preclude Council from taking action to proceed with the user fee or assessment district. Motion to Proceed A motion was made by Council Member Amburgey, seconded with User Fee by Council Member Glasgow, accepting the user fee Failed to Carry concept and directing the City Attorney to prepare the necessary documents; and the City Attorney was directed to provide the necessary options for the assessment district and user fee concepts, and a combination thereof, stipulating that after reviewing these options, Council determines that the user fee is not the best concept, the method could be altered; however, if Coun- cil were to find the user fee to be the acceptable method, it could be implemented by the July, 1990, deadline. In replying to questions from Council Member Genis, the City Attorney stated that in the case of the assessment district, Council would adopt a resolution declaring that an assessment district was being considered, and those entities which are affected by the assessment will then have the opportunity to protest. He explained that this is not the case with the user fee concept; a report is prepared to justify the amount and method of the user fee, followed by adoption of an ordinance. As to whether or not these concepts are subject to a referen- dum or initiative, the City Attorney stated that he would research that question and report his findings to Council. Vice Mayor Hornbuckle repeated that she wanted more information before making a decision. Substitute Motion A motion was made by Vice Mayor Hornbuckle, seconded by to Reject the Council Member Genis, rejecting the contract with Daman Contract and to Associates as outlined in the City Attorney's report, Continue this Item and directing staff to provide more detailed information Failed to Carry on both concepts. Mayor Buffa was concerned about rejecting the contract because it was his understanding that the legal descrip- tions which Daman Associates would be providing are required to make a decision on the assessment district. Council Member Genis suggested placing this item on the ballot for the voters to decide. The substitute motion failed to carry 3-2, Council Members Buffa, Amburgey, and Glasgow voting no. The original motion by Council Member Amburgey failed to carry 3-2, Council Members Buffa, Hornbuckle, and Genis voting no. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Daman Contract Council Member Glasgow, to deny the request to execute Rejected the Daman Associates contract. The motion carried 4-1, Mayor Buffa voting no. 1 19 MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Directed Staff to Council Member Amburgey, directing staff to place this Reply to Concerns item on the agenda for May 21, 1990, with a report from Raised by Council staff addressing the concerns which have been raised (See Substitute this evening. Motion) Mayor Buffa suggested having staff provide any addi- tional information available on the pros and cons of the user fee versus the benefit assessment district, in particular, how it might fit into the scenario for the 1990-91 budget. The City Manager commented that staff certainly could do that; however, he was very concerned with presenting only parts of the budget instead of the entire document. Council. Member Amburgey recommended that the City Attorney report on the advantages and disadvantages of the two concepts. The City Attorney stated that he would be happy to report on that; however, staff is at a point which requires Council direction. Vice Mayor Hornbuckle stated that the intent of her motion was to have the City Manager report back to Council, answering as many questions as possible at the next meeting, anticipating that all questions raised this evening will be addressed as soon as possible. The City Manager suggested that in addition to the City Attorney's report on the fee concepts, setting aside the Gann issue for now, it would be appropriate for Council to invite a representative from the TAP Corporation to report on proposals for expenditure of these funds, since this is the entity to which Council assigned the responsibility for this project. SUBSTITUTE MOTION A substitute motion was made by Council Member Amburgey, Directed City seconded by Mayor Buffa, directing the City Attorney to Attorney to Prepare report on the three available options: a Report on Three Options (1) Retaining the TOT; (2) Provide pros and cons in establishing an assess ment district; and (3) Provide pros and cons in establishing a user fee. The substitute motion carried 3-2, Council Members Hornbuckle and Genis voting no. CITY MANAGER REPORT The City Manager referred to his memorandum dated May 3, Harassment Policy 1990, regarding the policy on harassment in employment. MOTION On motion by Vice.Mayor Hornbuckle, seconded by Council Resolution 90-40 Member Genis, Resolution 90-40, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBIT- ING DISCRIMINATORY CONDUCT IN THE WORK PLACE AND AFFIRM- ING THE APPLICATION OF AEMINISTRATIVE REGULATION 2.21 TO THE CITY COUNCIL APPOINTED COMMISSIONS AND COMMITTEES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORT The City Manager presented his memorandum dated May 3, North Costa Mesa 1990, concerning a Feasibility Study to establish a Feasibility Study Redevelopment Project Area in North Costa Mesa. '. 20 The City Manager referred to previous Council discus- sions and a presentation by Marilyn Whisenand, PMW Associates relating to establishing a redevelopment project area for infrastructure financing in North Costa Mesa. In response to a suggestion that the four major developers in the project area commit a 50 percent funding match, the City Manager reported that he has not received any responses in writing; however, during discussions with the four property owners, three responded positively, and a definite verbal approval was received from Malcolm Ross, C. J. Segerstrcm and Sons. The City Manager stated that he recommended FMW Associ- ates to provide the needed services because of their knowledge of the City. He requested that if Council wished to proceed with the study, he would appreciate Council reaffirming that such a study specifically exclude eminent domain, and that it focus on the use of tax increment financing. The City Manager also men- tioned that if Council approves the agreement, the City's portion of the cost would be taken from the Trip Fee fund. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Authorized City Council Member Amburgey, the City Manager was authorized Manager to Enter to enter into a contract with PMW Associates, 232 West into a Contract Avenida Gaviota, San Clemente, in an amount not to with PMW Associates exceed $19,500.00, contingent upon 50 percent of the cost being assumed by the major development interests in North Costa Mesa, and reaffirming that such a study specifically exclude the use of eminent domain, and that the study focus only on tax increment financing for infrastructure improvements. Council Member Glasgow opposed the motion because he felt the City should go out to bid for these services. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buf fa, Hornbuckle , Amburgey, Genis NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: None ANNOUNCEMENT The City Manager announced that he received word that Fire Chief Fire Chief John Petruzziello had suffered a heart attack but details of his condition were not available at this time. COUNCIL MEMBERS Council Member Genis reported that notices were placed COMMENTS in residents' mail boxes last Saturday which stated that "some students" would be in the neighborhood to paint Painting Addresses house numbers on the curb, and requesting a donation of on Curbs $3.00 to $5.00. She asked that staff find out if a permit was obtained. Mayor Buffa commented that this type of solicitation is illegal and the public should contact the City when these notices are received. Portable Barriers Council Member Genis referred to an article about the use of portable barriers on neighborhood streets, and suggested that this may be a solution for some of the problem areas during peak hours. She also mentioned using these barriers for the reversible -lane concept. General Plan Council Member Genis noticed that the Circulation Ele- ment of the General Plan shows Baker Street as having a right-of-way between Fairview Road and Harbor Boule- CIO vard of 106 feet, while the right-of-way between College Avenue and Laren Lane is 80 feet, and in some places 90 feet. She wanted to know where the City planned on acquiring the extra 26 feet. Staff Attendance Council.Member Genis expressed her disappointment because at Fair Board there were no staff members present at the last Fair Meetings board meeting, and hoped it was a one-time oversignt. She suggested that a staff member be present at the Building and Grounds Committee meeting being held at the Fairgrounds May 8, 1990, at 8:30 a.m. Legality of FW Council Member Glasgow requested a report from the City Contract Attorney on the legality of awarding the PMW contract without going through the bid process. "Just Say No Club" Vice Mayor Hornbuckle reported that she was made an honorary member of the "Just Say No Club" at Kaiser School. Committees' Requests Vice Mayor Hornbuckle noted that there were several for Funds requests for funds from the advisory committees, and asked if there were a way by which the committees could be included in the budget process. The City Manager reported that he will be addressing that idea for the 1990-91 budget. Monorail Mayor Buffa announced that the City of Irvine approved the first monorail link in Southern California, with the exception of Disneyland, and congratulated that City for its action. ADJOURNMENT TO At 11:25 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session to discuss the following items pursuant to Government Code Section 54956.9: Green v. Hall Orange County Superior Court Case No. X607304, Harry S. Green,. Inc. v. Catherine Hall; and Tim Green Claim Claim from Tim Green. MEETING RECONVENED The Mayor reconvened the meeting at 11:45 p.m., and the following action was taken: A motion was made by Mayor MOTION/Green Buffa, seconded by Vice Mayor Hornbuckle, and carried Claim Rejected 5-0, rejecting the claim from Tim Green. ADJOURNMENT The Mayor declared the meeting adjourned at 11:50 p.m. Mayor of the City VY Costa Mesa ATTEST: ---,City Clerk of the City of Costa esa 21