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HomeMy WebLinkAbout05/21/1990 - City Council22 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 21, 1990 The City Council of the City of Costa Mesa, California, met in regular session May 21, 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 Pastor Cliff, Orange Coast City Methodist 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 Community Services Director Keith Van Holt Purchasing Agent Anita Bell Assistant Development Services Director/Building Antonio C' De Baca MINUTES. On motion by Vice Mayor Hornbuckle, seconded by Council April 16 and Member Amburgey, and carried 5-0, the minutes of the May 7, 1990 regular meetings of April 16 and May 7, 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 John Feeney provided Council with copies of a publica- COMMUNICATIONS tion which was distributed at South Coast Repertory (SCR) Theatre. He pointed out that the publication is SCWNEA a plea from The National Endowment for the Arts (NEA) Urging citizens to write their Congressmen in -support of extending NEA's charter. Mr. Feeney called attention to the pages containing SCR's endorsement of NEA's posi- tion, aril mentioned two items funded by NEA which he felt advocated religicus.bigotry. .He commented that because the City donates money to SCR, tax dollars are being used to foster that bigotry.- Mr. Feeney suggested that it may be illegal for SCR, a'nonprofit corporation, to take a position on political issues. Mayor Buffa responded that after investigation, he would contact Mr. Feeney within two weeks to advise him of his findings. Code Enforcement Dave McCoy, 1997 Fullerton Avenue, Costa Mesa, ccm- Program plained about the Code Enforcement Program, reporting that he had received letters of warning from the City regarding the firewood stored in his side yard and the camper top placed in the driveway. 1 23 Council Member Genis suggested limiting applicants to a 30 -minute presentation and a closing statement. Mayor Buffa stated that it has been a long-standing policy of the Council not to limit the time for appli- cants (developers or individual property owners) to make their presentations; however, .he believed it was neces- sary to place a time limit on persons speakering for or against a project in order to expedite the proceedings. The Mayor commented that his own policy is to try to limit all applicants to 20 or 30 minutes. Bicycle Race Larry Weichman, 1113 Baker Street, Costa Mesa, distrib- uted flyers announcing the United States Cycling Federa- tion race, Costa Mesa Grand Prix, to be held on June 17, 1990. He requested a grant from the City with the idea of conducting the race annually, and mentioned that all necessary City permits have been obtained. Robin Carden; 2649 Elden Avenue, Costa Mesa, provided information on the bicycle races which are advertised in several magazines. Mr. Carden reported that any grant the City may approve will be used to advertise the event. Police Public Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, expressed Relations on the appreciation of the Mesa West Hcmeowners Association the West Side for the work being done at the police substation to improve communications among west side residents. 19th Street Bridge Mr. Pizarek reported that the Mesa West Homeowners Association appreciates Council's opposing construction of the 19th Street bridge over the Santa Ana River. Palms Development Mr. Pizarek asked for information on the completion of the Palms development on Whittier Avenue. The Deputy City Manager/Development Services explained that if a project is not completed within a certain amount of time, the building is condemned and demolished. Council Member Genis asked if there were a provision requiring the developer to post a completion bond. The Assistant Development Services Director/Building responded. that at the present time, the City does not require that type of bond. ANNOUNCEMENT: The Mayor announced that since the three public hearings Public Hearings have a recommendation to continue the hearings to a future meeting, Council would take action on these. items prior to addressing the Consent Calendar. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of set for the public hearing to consider an appeal of PA -88-189A the Planning Commission's denial of Planning Action Ryder/Roxburgh PA -88-189A from Kenneth A. Ryder, Pinto & Gromet, 2201 Mayor Buffa asked the Deputy City Manager/Development Services to provide a report on the McCoy property by the next Council meeting. Time Limits Roy Andreen, 2769 Cibola Avenue, Costa Mesa, disagreed Imposed on with the practice of allowing "developers" unlimited Speakers at time to make their presentations at Council meetings, Council Meetings but limiting the time for the public to speak. Council Member Amburgey stated that all "applicants" are allowed adequate time to .present their projects, and those people representing homeowners associations or a group of people are allowed additional time to speak. Council Member Genis suggested limiting applicants to a 30 -minute presentation and a closing statement. Mayor Buffa stated that it has been a long-standing policy of the Council not to limit the time for appli- cants (developers or individual property owners) to make their presentations; however, .he believed it was neces- sary to place a time limit on persons speakering for or against a project in order to expedite the proceedings. The Mayor commented that his own policy is to try to limit all applicants to 20 or 30 minutes. Bicycle Race Larry Weichman, 1113 Baker Street, Costa Mesa, distrib- uted flyers announcing the United States Cycling Federa- tion race, Costa Mesa Grand Prix, to be held on June 17, 1990. He requested a grant from the City with the idea of conducting the race annually, and mentioned that all necessary City permits have been obtained. Robin Carden; 2649 Elden Avenue, Costa Mesa, provided information on the bicycle races which are advertised in several magazines. Mr. Carden reported that any grant the City may approve will be used to advertise the event. Police Public Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, expressed Relations on the appreciation of the Mesa West Hcmeowners Association the West Side for the work being done at the police substation to improve communications among west side residents. 19th Street Bridge Mr. Pizarek reported that the Mesa West Homeowners Association appreciates Council's opposing construction of the 19th Street bridge over the Santa Ana River. Palms Development Mr. Pizarek asked for information on the completion of the Palms development on Whittier Avenue. The Deputy City Manager/Development Services explained that if a project is not completed within a certain amount of time, the building is condemned and demolished. Council Member Genis asked if there were a provision requiring the developer to post a completion bond. The Assistant Development Services Director/Building responded. that at the present time, the City does not require that type of bond. ANNOUNCEMENT: The Mayor announced that since the three public hearings Public Hearings have a recommendation to continue the hearings to a future meeting, Council would take action on these. items prior to addressing the Consent Calendar. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of set for the public hearing to consider an appeal of PA -88-189A the Planning Commission's denial of Planning Action Ryder/Roxburgh PA -88-189A from Kenneth A. Ryder, Pinto & Gromet, 2201 �- 2 Dupont Drive, Suite 750, Irvine, representing Claudia Roxburgh, 245 Fischer Avenue, Suite B-4, Costa Mesa, to amend a Conditional Use Permit allowing expansion of a previously approved advertising/public relations agency in an industrial condominium complex at 245 Fischer Avenue, Suite B-6, in an MP zone. Environmental Deter- mination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication was received from Mr. Ryder requesting a continuance to June 18. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Continued to Member Glasgow, and carried 5-0, the public hearing was June 18, 1990 continued to June 18, 1990, as requested by the appli- cant. PUBLIC HEARINGS The Clerk announced that this was the time and place R-90-03 and set for the public hearings for Donn Hall, 930 West Appeal of PA -90-25 16th Street, Suite E2, Costa Mesa, authorized agent for Hall/Hayashi Kenneth Hayashi, 1900 Sepulveda Boulevard, Los Angeles, for property at 2881 and 2891 Bear Street and the adjacent flood control channel: Rezone Petition R-90-03, to rezone from R3 (Multiple - family Residential, 2,000 -square -foot -unit) to R4 (Multiple -family Residential, 1,500 -square -foot -unit). The Affidavit of Publication is on file in the Clerk's office. MOTION Continued to June 18, 1990 PUBLIC HEARING Victoria Street Widening Addendum to EIR No. 1033-5; Project Revisions Appeal of the Planning Commission's denial of Planning Action PA -90 -25, -for a variance from maximum number of stories (2 permitted, 3'proposed with a basement garage) in conjunction with the addition of 93 units to a 39 -unit apartment project (total of 132 units, including 13 to 26 density bonus units); and a var - iance from maximum fence height requirements (6 feet permitted, 8 feet proposed). The Affidavit of Mailing is on file in the Clerk's office. Environmental Determination: Negative Declaration. A communication was received from Donn Hall requesting a continuance to June 18. The following Costa Mesa residents spoke in opposition to the project: Ed Evans, 2838 Drake Avenue; William Kessel, 1122 Mission Drive; and Kurt Gold, 809 Sonora Road. On motion by Council Member Amburgey, seconded by Coun- cil Member Glasgow, and carried 5-0, the public hearings were continued to June 18, 1990, as requested by the applicant. The Clerk announced that this was the time and place set for the public hearing to consider changes to the Victoria Street Widening Project: Addendum to Final Supplemental EIR No. 1033-S. Project revisions: (1) Changes to the bikeway on Canyon Drive to the Placentia Avenue segment; (2) Cul- de-sacs at State Avenue, Miner Street, Puente Place, Meyer Place, Wallace Avenue, Raleigh Avenue north and south, and Sterling Avenue; (3) Reduction in frontage road width and minor related design changes; (4) Addi- tional access to Victoria Street from the frontage 25 road at Continental Avenue; and (5) Relocation of a signal from Monrovia Avenue to National Avenue. Council Member Genis requested staff to ensure that the public is made aware of those properties which may be acquired by the City for the proposed changes. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Continued to Member Amburgey, and carried 5-0, the public hearing was June 4, 1990 continued to June 4, 1990, as requested by staff. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 8, Resolution concerning Roberti-Z'berg funds; Item 9, Agreements for acquisition of right-of- way along Sunflower Avenue at South Coast Plaza; and Items 11(a) and 11(b), Agreements with The Shred Company for recycling services. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, 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: Doug Bryant; Dicker Giselle; Joe Howard Grisham; Peter Blake Houghton; Kevin Kendall; Jerald and Mary Jo Newton; Otto Schneider; and Jim Suehr. Release of Ordinance from the City of Denver, Colorado, regulat- Ozone-depleting ing the release.of damaging compounds, requiring the Compounds capturing of CFC's and eventual recycling, and banning the sale of certain products; and requesting the City of Costa Mesa to adopt a similar ordinance. Increasing Resolution from the Santa Ana Unified School District Residential to increase the level of residential developer fees Developer Fees from $1.56 per square foot to $1.58 per square foot. Environmental Resolution from City of Fortuna endorsing an initia- Concerns tive entitled "Global Warming and Clear Cutting Reduction and Reforestation Act of 1990". Victims of Assembly Concurrent Resolution No. 121 from the Pornography State Assembly relative to victims of pornography. Illegal Aliens Communication from Chester King to continue prosecu- tion of illegal aliens who disrupt the community. Air Resources Notice of public hearing from the Air Resources Board Board concerning updated conformity procedures as a revision to the State Implementation Plan for the South Coast Air Basin. SET FOR PUBLIC A motion was made by Council Member Amburgey, seconded HEARING by Vice Mayor Hornbuckle, to adopt Resolution 90-41, A RESOLUTION OF THE CITY COUNCIL OF THE CITY -0F COSTA Landscaping Assess- MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND ment District No. 1 COLLECT ASSESSMENTS DURING FISCAL YEAR 1990-1991 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT MOTION Resolution 90-41 Adopted; Hearing for June 4, 1990 NUMBER 1, setting a public hearing on June 4, 1990. The motion carried by the following roll call vote: Set AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Landscaping Assess- ment District No. 2 MOTION Resolution 90-42 Adopted; Hearing Set for June 4, 1990 1990 MOTION Warrant 1466 Approved A motion was made.by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, to adopt Resolution 90-42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS DURING FISCAL YEAR 1990-1991 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER 2, setting a public hearing on June 4, 1990. 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 On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1466, including Payroll 9010, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIM On motion by Council Member Amburgey, seconded by Vice Cardioscope/ Mayor Hornbuckle, and carried 5-0, the claim from Pamela Owen Owen was rejected. ADMINISTRATIVE Bids received for Bid Item No. 888, Replace Two Under - ACTIONS ground Petroleum Storage Tanks, are on file in the MOTION Clerk's office. On motion by Council Member Amburgey, Bid Item No. 888 seconded by Vice Mayor Hornbuckle, the contract was Underground awarded to Long and Company, Limited, 15120 Keswick Storage Tanks Street, Van Nuys, for $79,289.00. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Awarded to Long Amburgey, Genis, Glasgow and Company NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Flygt Staff recommended purchase of a Flygt Pump, Model Pump from Chemwest C-3152/432, for $5,984.19, from sole source vendor, Chemwest, Incorporated, 23274 Del Lago Drive, Laguna MOTION Hills. This is a budgeted item for the Public Services Purchase Approved Department. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Staff recommended purchase of a cardioscope/recorder Cardioscope/ with DC defibrillator for $10,515.63 from sole source Recorder from vendor, Physio Control, 23275 South Pointe Drive, Suite Physio Control 150, Laguna Hills. This is a budgeted item for the Fire Department, Mobile Intensive Care Division. On motion MOTION by Council Member Amburgey, seconded by Vice Mayor Purchase Approved Hornbuckle, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 27 Purchase of a Staff recommended purchase of a coronary observation Coronary Observa- radio system for $8,006.25 from sole source vendor, tion Radio System Motorola Communications Electronics, Incorporated, 790 The City Drive, Nexus Square, Suite 150, Orange. This is a budgeted item for the Fire Department, Mobile MOTION Intensive Care Division. On motion by Council Member Purchase Approved Amburgey, seconded by Vice Mayor Hornbuckle, the pur- chase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Traffic Signal Interconnects on Harbor Boulevard, from for Traffic Signal Baker Street to Adams Avenue, and on Adams Avenue, from Interconnects on Mesa Verde Drive East to Albatross Drive, were completed Harbor Boulevard to the satisfaction of the Public Services Director on and on Adams Avenue; April 27, 1990, by Raymor Electric Company, Incorpor- Raymor Electric ated, 14930 East Ramona Boulevard, Baldwin Park. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the work was accepted; the Clerk was MOTION .. authorized to file a Notice of Completion; authorization Work Accepted was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. 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 Notice of Completion The Tanager Park Tot Lot Renovation was completed to the for Tanager Park Tht satisfaction of the Community Services Director on May Lot; Wakeham -Baker 10, 1990, by Wakeham Baker, Incorporated, 11225 Slater Avenue, Fountain Valley. On motion by Council Member MOTION Amburgey, seconded by Vice Mayor Hornbuckle, the work Work Accepted was accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release 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 Roberti-Z'berg Item 8 on the Consent Calendar was presented: a resolu- Urban Open Space tion approving an application for open space and recrea- and Recreation tion funds in the amount of $33,415.00, to be used for Program the second phase of the Fairview Park improvements. Vice Mayor Hornbuckle recommended amending the applica- tion by changing "sports complex" to "recreational facility". MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Resolution 90-43 Council Member Amburgey, to adopt Resolution 90-43, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM; and directing staff to change the application to read "recreational facility" instead of "sports complex". The motion carried by the following roll call vote: 2.8 Acquisitions of Right -of -Way along Sunflower Avenue at South Coast Plaza AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Item 9 on the Consent Calendar was presented: Three agreements for acquisition of right-of-way along Sunflower Avenue at South Coast Plaza: Agreement with Sears, Roebuck and Company, Sears Tower, Chicago, for $151,700.00, to acquire the necessary right-of-way to widen the south side of Sunflower Avenue west of Bristol Street to provide an eastbound right -turn lane; Agreement with South Coast Plaza, 3315 Fairview Road, Costa Mesa, for $131,200.00, to acquire the necessary right-of-way to widen the south side of Sunflower Avenue east of Bear Street to provide a northbound to eastbound free right -turn lane; and Agreement with South Coast Plaza for $171,065.00, to acquire right-of-way to widen the east side of Bristol Street south of Sunflower Avenue to provide a north- bound right -turn lane, and to widen the south side of Sunflower Avenue west of Park Center Drive to provide a bus turnout area. Council Member Amburgey commended the Public Services Director and staff for their work on this project. MOTION On motion by Council Member Amburgey, seconded by Vice Agreements Mayor Hornbuckle, the agreements were approved, and the Approved Mayor was 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 City Recycling Items 11(a) and 11(b) on the Consent Calendar were Program presented: Two agreements with The Shred Company and Recycling Services, Post Office Box 10531, Costa Mesa, to provide recycling services for six months as a pilot program at City Hall and the Police Facility. Cost to the City for the City Hall program is $5,000.00; there is no cost for the Police Facility Program because of a minimal amount of handling required by the consultant. At the request of Council Member Glasgow, the Public Services Director explained the pilot program which is detailed in his memorandum dated May 11, 1990. Malcolm Dunn, President of The Shred Company, gave a brief description of the recycling services provided by his company. During discussion, the Public Services Director reported that if the pilot program were successful, the City would solicit bids for a permanent program. MOTION A motion was made by Council Member Glasgow, seconded Agreements Approved by Vice Mayor Hornbuckle, approving the agreements and authorizing the City Manager to sign on behalf of the City. Council Member Genis opposed the motion because she preferred investigating whether other recycling firms would provide these services at no cost. 1 • ,3ro3a 29 The motion to approve the agreements carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of April 16, 1990, Sign Code second reading and adoption of Ordinance 90-3. The Amendments ordinance amends Titles 5 and 13 of the Municipal Code regarding signs and administrative adjustments. The Deputy City Manager/Development Services referred to staff's memorandum dated May 16, 1990, pointing out that the changes requested by Council in Section 2.C.,. Special Event Signing, are reflected in the ordinance. MOTION On motion by Council Member Amburgey, seconded by Coun- Ordinance 90-3 cil Member Glasgow, Ordinance 90-3, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 5 OF THE COSTA MESA MUNICIPAL CODE REGARDING SIGN REGULATIONS PERTAINING TO SPECIAL EVENT SIGNING, PLANNED SIGNING PROGRAMS, AND MINOR VARIANCE PROCEDURES; AND AMENDING TITLE 13 REGARDING ADMINISTRA- TIVE ADJUSTMENTS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented Ordinance 90-5 for second reading Restricting Display and adoption. The ordinance more strictly regulates of Harmful Matter the sale of material which is harmful to minors by in Newsracks requiring "blinder racks" to obscure the matter from the general public. The City Manager reported that the ordinance addresses the concerns expressed by Council. John Moorlach, 3169 Madeira Avenue, Costa Mesa, was in agreement with the ordinance and suggested extending the restriction to convenience stores. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council ordinance 90-5 Member Amburgey, Ordinance -90-5, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE ll,'XHAPTER VI OF THE COSTA MESA MUNICI- PAL CODE TO REQUIRE "BLINDER RACKS" ON VENDING MACHINES CONTAINING MATERIAL HARMFUL TO MINORS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL.MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented Ordinance 90-6 for second reading Reserve Police and adoption. The ordinance allows the Police Chief to Officers elevate certain police reserve officers to full peace officer status provided that certain required training has been completed. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 90-6 Member Amburgey, Ordinance 90 -6, -AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER III OF TITLE 14 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO RESERVE POLICE OFFICERS, was given second reading and adopted by the following roll call vote: 30 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None NEW BUSINESS The Clerk presented from the meeting of May 7, 1990, Allocation of CDBG recommendations for allocation of Community Development and Revenue Sharing Block Grant (CDBG) and General Revenue Sharing funds. Funds; Council Policy 100-4 She also presented City Attorney Legal Opinion No. 90-14 dated.May 17, 1990, regarding Council Policy 100-4. The policy addresses the issue of withholding funds to service organizations, excluding medical and dental care providers, who assist illegal aliens. While responding to questions from Council, the City Attorney reported that it was his opinion that Federal law does not require Council to adopt a resolution making Council Policy No. 100-4 mandatory; however, Federal law does not expressly prohibit Council from making that policy, provided that the policy mirrors Federal objectives and furthers important State inter- ests. The City Attorney reported that there does not appear to be Federal standards relating to illegal aliens who may benefit from local programs receiving CDBG monies from cities. As to HUD (Department of Housing and Urban Development) regulations, the City Attorney stated that HUD proposed a regulation to imple- ment the housing assistance eligibility requirements; however, these regulations are not in force because of an injunction now in effect. MOTION A motion was made by Mayor Buffa, seconded by Vice Mayor Amended Council Hornbuckle, to revise Council Policy 100-4 to read as Policy 100-4_ follows: "It is the policy of the City of Costa Mesa to support all applicable Federal laws and to cooperate in every way with the Federal Government in their enforce- ment. All contracts and grants of City funds shall comply with all applicable Federal immigration laws"; and he stipulated that this statement shall be included in any grant contracts between the City and social organizations. Council Members Amburgey and Glasgow opposed the motion because they felt the proposed amendment does not ade- quately regulate withholding of funds from organizations that assist illegal aliens. The motion carried 3-2, Council Members Amburgey and Glasgow voting no. RECESS The Mayor declared a recess at 8:40 p.m., and the meet- ing reconvened at 8:50 p.m. Discussion on Mayor Buffa referred to a memorandum dated May 17, 1990, Allocation of 1990, which contains recommendations that he and Vice Funds Mayor Hornbuckle made on disbursing CDBG ($114,900.00) and General Revenue Sharing (165,000.00) funds. (Infor- mation on the amounts to be allocated from each fund is contained on Pages 3, 4, 5, and 6 of the attachments.) The City Manager stressed the fact that this is the last year the City will have General Revenue Sharing funds to disburse. Vice Mayor Hornbuckle announced that she would not vote on the two grants recommended for the Newport Mesa Girls Club because she is an officer with that organization. 31. Jean Forbath, Director of Share Our Selves (SOS), asked for guidance on how she would know if there were a change in Federal law which affected SOS's receiving grants -from the City. The City Attorney responded that it is the responsibility of the service organizations to keep informed on any changes in Federal laws. Debbie O'Connor, representing FISH of the Harbor Area, 408 Irvine Avenue, Newport Beach, thanked Council for the funds which are beim recommended for FISH. Shirley Cozen, Executive Director of Feedback Founda- tion, expressed her concern for the low-income arra minority residents in Costa Mesa. In answer to Ms. Cohen's question about revised Council Policy 100-4, the City Attorney suggested that she obtain.a copy of his Report No. 90-14 which was discussed earlier. Linda Feffer, representing Someone Cares Soup Kitchen, thanked Council for arry funds which they may approve for this organization. Mayor Buffa anncunced that he has been investigating the possibility of forming a nonprofit corporation, Costa Mesa Cares, to assume the responsibility of disbursing CDBG funds, and to organize fund-raising events with proceeds to be given to service organizations. MOTION On motion by Mayor Buffa, seconded by Council Member Funds for Girls Genis, two allocations for the Newport Mesa Girls Club Club Approved were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Hornbuckle NEW BUSINESS The Clerk presented recommendations from Mayor Buffa Advertising and and Council Member Genis for allocation of Advertising Promotion Funds and Promotion funds. The recommendations are contained in a memorandum dated May 18, 1990. Jim Porter and Norman Manz, representing AYSO Costa Mesa Region, were available to answer questions; however, Council did not require any information. Council Member Genis suggested that Council reevaluate its priorties, recommending that funds now proposed for hotel advertisement, the North Costa Mesa Redevelop- ment Study, golf tournaments, festivals, etc., be set aside to assist abused and hungry children. Mayor Buffa pointed out that approximately $20,000.00 was set aside for emergency purposes. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by All Allocations, Council Member Genis, to approve the allocations reccm- Except for the mended in the aforementioned memorandum of May 17, Girls Club, were except for two grants recommended for the Newport Mesa Approved Girls Club. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Mayor Buffa, seconded by Council Member Funds for Girls Genis, two allocations for the Newport Mesa Girls Club Club Approved were approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: Hornbuckle NEW BUSINESS The Clerk presented recommendations from Mayor Buffa Advertising and and Council Member Genis for allocation of Advertising Promotion Funds and Promotion funds. The recommendations are contained in a memorandum dated May 18, 1990. Jim Porter and Norman Manz, representing AYSO Costa Mesa Region, were available to answer questions; however, Council did not require any information. 32 MOTION On motion by Council Member Amburgey, seconded by Vice Approved Mayor Hornbuckle, the grants were approved as recom- Allocations as nended in the May 18 memorandum. The motion carried Reccmmended 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 a reccmmndation for allocation of Allocation of the Yaohan Corporation gift of $20,000.00. Yaohan Corpora- tion Gift The City Manager referred to his memorandum dated May 17, 1990, reporting that in conjunction with the opening of its retail center at 665 Paularino Avenue, the Yaohan Corporation presented the City with a gift of $20,000.00 to be allocated as Council deems appro- priate. He stated that Mayor Buffa and Council Member Amburgey suggested that the funds be allocated to Share Our Selves (SOS) for its building fund, and to the Orange County Model Engineers Association for develop- ment of its facilities at Fairview Park. The City Manager suggested that a formal presentation be arranged at an upcoming Council meeting to recog- nize the Yaohan Corporation for its contribution. MOTION A motion was made by Council Member Amburgey, seconded Approved Alloca- by Vice Mayor Hornbuckle, to disburse the $20,000.00 tion of Yaohan as follows: $10,000.00 to SOS for its building fund; Funds $8,500.00 to the Orange County Model Engineers for its facilities at Fairview Park; and $1,500.00 to the Costa Mesa Historical Society to purchase historical data and materials. 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 NEW BUSINES3 The Clerk presented a request from the Costa Mesa Civic Hours of Operation Playhouse to extend the hours of operation to conduct for Bingo Games Bingo games. The City Manager summarized his memorandum dated May 16, 1990, concerning a request from Hugo Hunziker, Vice President of the Costa Mess Civic Playhouse, asking that the time for Bingo games be extended from 9:00 p.m. to 11:00 P.M. Council Member Amburgey suggested amending the ordinance by stipulating that no Bingo game shall start after 11:00 P.M. Mile answering questions frcxn Council, Mr. Hunziker reported that the games will be held at the Neighbor- hood Community Center, except for the month of December when space will not be available at NCC. Council Member Genis stated that it was her understand- ing that the nonprofit corporations must operate the Bingo games at the site at which they are located; in the case of the Playhouse, the Rea Community Center. She believed that at the tim the Bingo ordinance was discussed, Council decided that the charitable organiza- tions were to use the same sites for Bingo as they do for their other activities. 33, MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Ordinance 90-7 Council Member Amburgey, to give first reading to Ordi- Given First Reading nance 90-7, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 9-314 OF THE COSTA MESA MUNICIPAL CODE TO EXTEND THE TIME FOR OPERATING BINGO GAMES, stipulating that no game shall start after 11:00 p.m.; and requesting the City Attorney to clarify the issue regarding the location where games may be held. Council Member Genis would not support the motion because she felt 11:00 p.m. was too late for weeknights, and wanted the games ended at an earlier hour in resi- dential areas. AMENDED MOTION At the request of Mayor Buffa, Vice Mayor Hornbuckle Stipulated that amended her motion by changing Ordinance 90-7 to stipu- Bingo Games Shall late that Bingo games shall end at 11:00 p.m. Council End at 11:00 p.m. Member Amburgey withdrew his second, and Mayor Buffa seconded the amended motion. 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 NEW BUSINESS The Clerk presented a resolution implementing the Towing Rate automatic change in towing rates. Increases The City Manager referred to a memorandum from the Director of Finance dated May 10, 1990, stating that Council enacted a policy several years ago which requires staff to annually review rates for towing services, the measure of rate increases or decreases being based on the Consumer Price Index (CPI) for the Los Angeles, Lang Beach, Anaheim, and Riverside areas. The aforementioned memo indicates that the CPI increased by 6-1/2 percent; therefore., staff recommended that the towing rates be increased accordingly. Wayne Miller, G & W Towing Service, 955 West 18th Street, Costa Mesa, was present to answer questions; however, no information was requested by Council. MOTION On motion by Council Member Amburgey, seconded by Vice Resolution 90-44 Mayor Hornbuckle, Resolution 90-44, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, IMPLEMENTING THE AUTC14ATIC CHANGE TO THE RATE SCHEDULE FOR CERTAIN TOWING SERVICES PURSUANT TO SECTION 9-284(b) OF THE COSTA MESA MUNICIPAL CODE, was adopted 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 a proposed ordinance adding Section Bicyclists Riding 4-26(e) and amending Section 10-134 of the Municipal on Sidewalks Code requiring bicyclists riding on sidewalks to yield the right-of-way at driveways and alleyways. The City Attorney summarized his Report No. 90-12 dated May 14, 1990, which states that the ordinance was pro- posed by the Transportation Commission. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council ordinance 90-8 Member Genis, Ordinance 90-8, AN ORDINANCE OF THE CITY Given First Reading COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING . � a 3.4 CHAPTER'II OF TITLE 4 AND CHAPTER VII OF TITLE 10 OF THE COSTA MESA MUNICIPAL CODE REQUIRING BICYCLISTS TO YIELD THE RIGHT--OF-WAY AT ANY DRIVEWAY OR ALLEY, 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 NEW BUSINESS The Clerk presented a resolution welcoming "The Festival "Festival of of Britain - Orange County" to Costa Mesa. Britain" Vice Mayor Hornbuckle referred to the City Manager's memorandum dated May 18, 1990, and reported that the intent of the resolution is to show support for the event, and to extend a welcome to the participants from Great Britain. Bruce Joseph, Executive Director of "Festival of Britain" expressed his appreciation for Council's support. Council Member Genis suggested that the resolution refer to "Great Britain". MOTION On motion by Mayor Buffa, seconded by Council Member Resolution 90-45 Amburgey, Resolutiuon 90-45, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, WELCOM- ING "THE FESTIVAL OF GREAT BRITAIN - ORANGE COUNTY" TO COSTA MESA ON OCTOBER 12 THROUGH 28, 1990, was adopted 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 a request to appoint three new Child Care members and reappoint six acting members to the Child Committee Care Committee. Appointments The City Manager referred to a letter dated May 7, 1990, from MaryAnn Somerville, Chairperson, Child Care Commit- tee, requesting that Council appoint and reappoint those persons recommended by the Committee. The City Manager reported that during discussion with some of the Council Members, there was some concern expressed about the advisory committees interviewing prospective new members. He stated that for the future, he will be directing that all applications be submitted to staff and then to Council, until Council has had the opportunity to review its existing practice. After discussion, Council agreed to have the City Manager prepare a report by the next Council meeting with his recommendations on implementing a policy. MOTION On motion by Vice Mayor Hornbuckle, seconded by Mayor Appointed Members Buffa, and carried 5-0, the following action was taken: to Child Care Canmittee Gay Geiser -Sandoval, John LeVere, and Diana Villalpando were appointed to the Committee for two-year terms; and Rosemarie Bodrogi, Jo Hunt, Patti Smith, Jill Meer, Elisabeth Burt Rizo, and MaryAnn Somerville were re -appointed for two-year terms. Vice Mayor Hornbuckle referred to Exhibit 1, Comparison of Recent Contracts, which is an attachment to the supplemental memorandum from the Public Services Director dated May 18, 1990. She asked for confirmation that Item 6 is the unit price being offered by Damon Construction. The Director responded affirmatively. In answer to Council Member Glasgow's question regard- ing the legality of the change.order, the City Attorney reported that any project over $5,000.00 is subject to the formal bidding requirements of Municipal Code Sec- tion 2-173 unless the Purchasing Agent, with Council approval, finds that the services are unique in nature or not subject to competition. The City Attorney stated that the Purchasing Agent could make a deter- mination based on review of the information provided by the Public Services Department, or by taking an independent survey. He commented that the Purchasing Agent would have to determine that the existing prices are so low that advertising -for bids would be undesir- able because new bids would be noncompetitive. Council Member Glasgow asked the Purchasing Agent to explain why this situation was unique or noncompetitive in nature. The Purchasing Agent responded that after. reviewing the information provided by the Public Services Director, she found that the contractor's offer to perform the additional work without increasing the unit rate was a unique situation, and in her opinion did not warrant a new bidding process. Council Member Glasgow was not satisfied with that finding. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, was of the opinion that this is.not a unique situation and the City should invite new bids instead of process- ing the change order. MOTION A motion was made by Council Member Amburgey, seconded Change Order by Council Member Genis, to approve Change Order No. 2 Approved for $288,481.00, based on the findings contained in staff memorandums dated May 16 and 18, 1990, including Exhibit 1. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: -COUNCIL MEMBERS: Glasgow . ABSENT: COUNCIL MEMBERS: None 35 Vice Mayor Hornbuckle suggested forwarding the names of the two remaining applicants to the Senior Citizens Committee. NEW BUSINESS The Clerk presented Change Order No. 2 for $288,481.00 Change Order No. 2 to thecontract with Damon Construction Company, 455 Damn Construction Carson Plaza Drive, Unit F, Carson, in connection with the 1989-1990 Citywide Measure "C" Parkway Maintenance 1989-1990 Citywide Project, Specification No. 90-01. Measure "C" Parkway Maintenance Project The Public Services Director reviewed his memorandum of May 16, 1990, and reported that there is approximately $288,481.00 to be expended for Measure "C" Parkway Maintenance. He explained that the advantages of amend- ing the existing contract, rather than advertising for bids, was to take advantage of the very reasonable _ current unit prices being charged by the contractor; and to eliminate a considerable amount of staff time to prepare a new bid. Vice Mayor Hornbuckle referred to Exhibit 1, Comparison of Recent Contracts, which is an attachment to the supplemental memorandum from the Public Services Director dated May 18, 1990. She asked for confirmation that Item 6 is the unit price being offered by Damon Construction. The Director responded affirmatively. In answer to Council Member Glasgow's question regard- ing the legality of the change.order, the City Attorney reported that any project over $5,000.00 is subject to the formal bidding requirements of Municipal Code Sec- tion 2-173 unless the Purchasing Agent, with Council approval, finds that the services are unique in nature or not subject to competition. The City Attorney stated that the Purchasing Agent could make a deter- mination based on review of the information provided by the Public Services Department, or by taking an independent survey. He commented that the Purchasing Agent would have to determine that the existing prices are so low that advertising -for bids would be undesir- able because new bids would be noncompetitive. Council Member Glasgow asked the Purchasing Agent to explain why this situation was unique or noncompetitive in nature. The Purchasing Agent responded that after. reviewing the information provided by the Public Services Director, she found that the contractor's offer to perform the additional work without increasing the unit rate was a unique situation, and in her opinion did not warrant a new bidding process. Council Member Glasgow was not satisfied with that finding. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, was of the opinion that this is.not a unique situation and the City should invite new bids instead of process- ing the change order. MOTION A motion was made by Council Member Amburgey, seconded Change Order by Council Member Genis, to approve Change Order No. 2 Approved for $288,481.00, based on the findings contained in staff memorandums dated May 16 and 18, 1990, including Exhibit 1. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: -COUNCIL MEMBERS: Glasgow . ABSENT: COUNCIL MEMBERS: None f a 4 i V 1. 'v RECESS NEW BUSINESS Contract with H. S. Green Costa Mesa Golf Course Council Member Glasgow stated that as far as he was concerned, this work should be awarded as a new contract based on the City's ordinance. He contended that the findings provided by staff do not prove this matter to be unique or noncompetitive. In addition, he asked the City Attorney to investigate the City's purchasing methods, and if he found anything illegal, that it be referred to the Grand Jury for its consideration. Vice Mayor Hornbuckle was appalled at Council Member Glasgow's suggestion, and stated that in the years she has been on the Council, there has never been any indication that staff members were conducting business in an illegal manner. The Mayor declared a recess at 11:05 p.m., and the meet- ing reconvened at 11:20 p.m. The Clerk presented the contract with H. S. Green, Incorporated, for concessionaire services at the Costa Mesa Golf Course. She also presented a request for closed session to determine whether a closed session is authorized to discuss the agreement. The City Manager reported that this item was agendized at the request of Council Member Amburgey, and Council expressed their interest in having Mr. Green talk to Council directly regarding his contract with the City. The Community Services Director explained that the contract with H. S. Green, Incorporated, was extended in 1985 with a provision that Mr. Green take over the maintenance costs of approximately $14,600.00 per year. He reported that Mr. Green agreed to reimburse the City $15,000.00 per year for maintenance costs with the first payment due in March, 1986. The Director stated that in June, 1986, Harry Green suggested that he be allowed to substitute capital improvements in lieu of the $15,000.00 annual payment; since that time, there has been a misunderstanding on the part of both the, City's and Mr. Green's staff by confusing maintenance items with capital improvements. The Director reported that an agreement was reached providing that if Mr. Green would submit proof of expenditures for permanent, attached improvements to the building (not maintenance items), the Director would recommend that Council accept those capital improvements in lieu of the $15,000.00. The Director stated that he has received a list of expenditures for the years 1987 and 1988, and Mr. Green is researching his records for the 1986 expenditures. The Director reported that in 1988, Harry Green started to pay for all maintenance items, and the Director suggested to Mr. Green that he would make a recommenda- tion to Council to accept Mr. Green's paying the mainte- nance costs in lieu of capital improvements or cash. The Director mentioned that his original recommendation was for Harry Green to pay for maintenance of the air conditioning units, ice machines, refrigerators, garbage disposals, and dish washers as a business expense, and in addition, Harry Green would provide capital improve- ments in lieu of a $15,000.00 annual payment. The Director advised -that Harry Green submitted receipts in the amounts of $10,130.00 for 1987 and $14,814.00 for 1988; however, the Director had questions regarding some of those receipts. Responding to questions from Council Member Genis, the City Attorney explained that the key issue is the 1 37 maintenance costs identified in the contract; the con- tract calls for Mr. Green to pay maintenance costs for specific items, such as the ice machines, air condi- tioning unit, etc. He stated that in the opinion of the Community Services Director, many of the receipts from Mr. Green were for maintenance items not specifically identified in the agreement. William Charvet, Executive Vice President and General Manager for Harry Green; and Steven Stern, Law Offices of Corbett and Steelman, 18200 Von Karman, Irvine, attorney for Harry S. Green, were present to answer questions from Council and to clarify Mr. Green's posi- tion regarding the contract. Mr. Charvet reported that in April and June, 1987, $14,900.00 in maintenance costs were paid by Harry S. Green for air conditioning, etc.; therefore, there was no reason for Mr. Green not to be reimbursed for capital improvements. Mr. Charvet referred to a memorandum to the Community Services Director from the Golf Course Superintendent dated October 13, 1988, which indicates that in 1987 and 1988, Harry S. Green had expended amounts over and above the contract requirements. He suggested having the City's and Harry Green's repre- sentatives meet to discuss and clarify the issues which are causing the confusion. William Charvet and Attorney Stern answered numerous questions from Council Member Amburgey regarding the City Manager's letter to Mr. Green dated January 24, 1990, Mr. Charvet's response dated January 30, 1990, and other issues mentioned earlier. MOTION/Staff A motion was made by Council Member Genis, seconded by Directed to Meet Vice Mayor Hornbuckle, directing staff to meet with with Green and Harry S. Green to discuss the issues of the contract, Report on June 4 and to report back to Council at the meeting of June 4, (See Substitute 1990, regarding the status of the agreement and a Motion) concensus on the money issue. SUBSTITUTE MOTION Mayor Buffa made a substitute motion, seconded by Vice Directed Staff to Mayor Hornbuckle, directing the City Manager and City Clarify the Green Attorney to negotiate an amendment that would clarify, Contract and if necessary, eliminate the provision which requires some kind of cash or in-kind contribution of $15,000.00 annually from Harry S. Green. Second Substitute Council Member Amburgey made a substitute motion, Motion Failed to seconded by Council Member Glasgow, to continue this Carry item to June 4, 1990, so Council would have an oppor- tunity to properly notice a closed session. Council Member Genis asked for clarification of the last substitute motion. Mayor Buffa stated that the motion was to continue this item with the intent of discussing it in closed session. Council Member Amburgey added that after conclusion of the closed session, subsequent action could be taken in open session. The second substitute motion failed to carry 4-1, Council Members Buffa, Hornbuckle, Genis, and Glasgow voting no. The substitute motion by Mayor Buffa carried 4-1, Council Member Glasgow voting no. CITY ATTORNEY The City Attorney presented a memorandum from his office REPORT dated May 11, 1990, concerning a settlement offer 38 Baumgardner Settlement MOTION Settlement Offer Accepted Council Member Glasgow Left CITY ATTORNEY REPORT Alternatives for Funding TAP regarding injuries to Senior Police Officer Robert Baumgardner resulting from an on -duty traffic accident. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the settlement offer detailed in the aforementioned memorandum was accepted. Council Member Glasgow left the chambers and was absent for the remainder of the meeting. The City Attorney presented from the meeting of May 7, 1990, a report concerning alternatives for funding the Tourism, Arts, and Promotion (TAP) Corporation. Mayor Buffa stated that if Council intends to transfer the Transient Occupancy Tax (TOT) to the TAP Corpora- tion, a decision must be made on whether to fund the Corporation through an Assessment District or a User Fee. The City Manager stated that for purposes of clarity, he was not recommending that Council take any action at this time to convert the TOT to a User Fee; the issue to be decided is the method of collection if Council decided to fund the TAP Corporation with the TOT or some other source. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, opposed this project, and it was his opinion that it avoids the Gann Initiative. MOTION A motion was made by Council Member Amburgey, seconded Staff Directed to by Mayor Buffa, directing staff to proceed with the TAP Proceed with TAP; nonprofit Corporation, and to proceed with the User Fee Approved User method of financing. Fee Method of Financing Responding to Vice Mayor Hornbuckle's question regard- ing the motion, the City Manager stated that the TAP Corporation has certain specific responsibilities which it must accomplish before Council can begin to address any fiscal issues of exact dollars. The motion carried 3-1, Council Member Genis voting no, Council Member Glasgow absent. REQUEST FOR Mayor Buffa announced that the following City Attorney CLOSED SESSION Reports would be discussed in closed session at the end of regular business: lawsuits concerning Share Our Selves, Bergeron, and Boyer. CITY MANAGER The City Manager presented his report of May 18, 1990, REPORT concerning an Interim Job Share Agreement which will Interim Job Share equally divide the hours, salary, and benefits of one Agreement full-time position between two current staff members in the Development Services Department. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Agreement Approved Member Amburgey, and carried 4-0, Council Member Glasgow absent, the agreement was approved. COUNCIL MEMBERS Council Member Genis mentioned that some of the organi- COMMENTS zations to which the City donates money, and some organ- izations to which some Council Members belong, engage Political in overt political activities. She suggested that the Involvement of City review this matter because she did not believe that Organizations tax dollars should be used for political purposes. 1 39 Hearing Notices Council Member Genis mentioned that during the Green contract hearing, it was mentioned that notice of the hearing was not received 10 days in advance. Council Member Genis commented that several additions were made to this Agenda between distribution of the preliminary and final Agendas, and she was concerned about notifica- tions being sent to affected parties in a timely manner. The City Manager reported that the Preliminary Agenda was provided with the emphasis on "preliminary" and changes do occur before the final Agenda is printed. Council Members' Council Member Genis asked for clarification on the Mail distribution of Council mail. The Clerk responded that any communication directed to the City Council is copied and distributed to each Council Member; any letter addressed to an individual Council Member is sent to the City Manager's Office to be delivered to that Council Member only. Commercial Vice Mayor Hornbuckle suggested that the City Manager Recycling meet with the Costa Mesa Sanitary District to discuss formation of a Task Force consisting of staff from both agencies, to investigate commercial recycling. First-time Home Vice Mayor Hornbuckle stated that she has been investi- Buyer Programs gating first-time home buyer programs which are operat- ing in some cities along the lines of this City's rental rehabilitation grants. She mentioned that the Community Development Ad Hoc Committee will be addressing this program. at their next meeting. ADJOURNMENT TO At 1:00 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first -floor Conference Room to discuss the following lawsuits: Share Our Selves City of Costa Mesa v. Share Our Selves (SOS), Orange Lawsuit County Municipal Court Case No. 103812. Bergeron Lawsuit Bergeron v. City of Costa Mesa, Orange County Superior Court Case No. 59-39-20. Boyer Lawsuit Boyer v. City of Costa Mesa, Orange County Superior Court Case No. 55-56-27. MEETING RECONVENED The Mayor reconvened the meeting at 1:17 a.m. and the following action was taken: Authorized Settlement of Council accepted and approved the City Attorney's SOS Lawsuit recommendation to settle the Share Our Selves lawsuit. ADJOURNMENT At 1:20 a.m., the Mayor adjourned the meeting to a special Study Session on May 29, 1990, at 3:00 p.m., in the Police Auditorium, 99 Fair Drive, Costa Mesa, to discuss the Strategic Plan and Meet and Confer. Mayor of the Cit Costa Mesa ATTEST z ity Clerk of the City of Costa esa