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HomeMy WebLinkAbout06/04/1990 - City Council1 REGULAR MEETING OF THE.CITY COUNCIL CITY OF COSTA MESA JUNE 4, 1990 The City Council of the City of Costa Mesa, California, met in regular session June.4, 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 Lothar Tornow, Christ Lutheran Church. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Officials Present: None City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Assistant to the City Manager Rick Pickering Assistant City Engineer Robert Brock Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Amburgey, seconded by Vice May 21, 1990 Mayor Hornbuckle, and carried 5-0, the minutes of the regular meeting of May 21, 1990, were approved as distributed. ORDINANCES A motion was made by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. Cultural Arts Irene Hajak, Vice Chairman of the Cultural Arts Commit - Education Awards tee, presented the committee's Cultural Arts Education Awards to teachers and students of Estancia and Costa Mesa high schools: Estancia High School - Connie Cassady, teacher; Irene Liu, student; Dan Carr, student; and Geoff Winnie,. student. Costa Mesa High School - Jim Stoia, teacher; Bridgit Drenser, student; Wanda St. Juste, student; and Alexandra Lopez, student. Veterans of Foreign Bob Kakuk, founder of Vietnam Veterans Reunited (VVR), Wars/Vietnam gave a brief presentation on the activities of the Veterans Reunited organization and introduced members and/or supporters of WR: Preston Hatch; Mr. and Mrs. Bill Schuster; Chuck Randazzo; Bud Hohl; former Mayor Alvin Pinkley; and Ted Marinos, commander of VFW Post No. 3536. Mr. Kakuk referred to the prisoners-of-war/missing-in- action exhibit, a bamboo "tiger cage", believed to be the type in which prisoners in Vietnam are still kept. Along with the "tiger cage", memorabilia of the Vietnam War were displayed. Mr. Kakuk mentioned that the exhibit would be on display in the lobby of City Hall. 42 ORAL Anne Hogan-Shereshevsky, 2152 Elden Avenue, Costa Mesa, COMMUNICATIONS expressed her concern that a proclamation was not issued by the City declaring an "Older Americans Month" Senior Citizens or a "Seniors Day" during the month of May. Senior Citizens Ms. Hogan-Shereshevsky heard that the Automobile Club Housing of Southern California (AAA) will be moving from its site on West 19th Street, and suggested that the City should have considered acquiring that property for senior housing, instead of having the housing at the Mardan site along with the Multipurpose Center. Police Commended Ms. Shereshevsky thanked the Police Department for allowing Officer Jim Daum to start the SNAP program, an aid for seniors. She also thanked the Police Department for initiating the CAT program, a system for preventing auto thefts. Stray Shopping Phil Morello, 592 Hamilton Street, Costa Mesa, commented Carts that there were five shopping carts in front of his property, and expressed his desire to have the City correct this nuisance. The City Manager responded that the Code Enforcement staff has initiated an effort to contact the local supermarket chains, and reported that there is an "800" telephone number that can be called to have the carts removed. Proposed Park: Mr. Morello asked about the status of a proposed park in Hamilton and the Hamilton and Charle Streets area. The City Manager Charle Streets responded that a proposed park for the subject site will not be considered until the updates for the General Plan and Master Plan of Parks have been completed. Recreational Mr. Morello reported that there is a recreational Vehicle Parked vehicle parked on an empty lot across the street from on Vacant Lot the proposed park site. It was his understanding that the City requires a fence to be installed so that the vehicle cannot be seen from the street. Mayor Buffa asked the Deputy City Manager/Development Services to have Code Enforcement staff investigate this matter. Trespassing Mr. Morello complained about ice cream vendors and others trespassing on his property. Illegal Aliens Darrell Cass, 310 Victoria Street, Costa Mesa, advised Council that he represents a large group of homeowners, landowners, property management firms, and investors, who want the estimated 10,000 illegal aliens ejected from the City. He announced that he would be filing a $2-1/2 billion lawsuit for mental duress, infringement on homeowners' rights, and damage to streets because of the excessive traffic. CONSENT CALENDAR The following item was removed from the Consent Calen- dar: Item 4(b), claim from Michael Patrick Guerin. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, 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 Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the following Reading Folder items were received and processed: 1 ADMINISTRATIVE Staff recommended purchase of modular office furniture ACTIONS for $6,584.87 from sole source vendor, Pleion Corpora- tion, 1402 East Chestnut Avenue, Santa Ana; Orange Purchase of Modular County Contract No. F-69321,: On motion by Vice Mayor Furniture from Hornbuckle, seconded by Council Member Amburgey, the Pleion Corporation purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, MOTION Amburgey, Genis, Glasgow Purchase Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Planning Division A motion was made by Vice Mayor Hornbuckle, seconded by Processing Fees Council Member Amburgey, to adopt Resolution 90-46, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MOTION MESA, CALIFORNIA, AMENDING THE PLANNING DIVISION Resolution 90-46 PROCESSING FEE SCHEDULE REGARDING MINOR SIGN VARIANCES, Adopted changing "Minor Sign Variance" to "Administrative Adjustment". 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 Replacement Bond On motion by Vice Mayor Hornbuckle, seconded by Council for Gas Company Member Amburgey, and carried 5-0, Southern California Gas Company Bond No. 7851378 was accepted as a replace - MOTION ment for Bond No. 5590857, in conjunction with the Gas Bond Accepted Company's Franchise No. 49. Conference 43 Advances Member Amburgey, Conference Advances for $1,410.00 and Claims Claims received by the City Clerk: Kathleen P. MOTION Landers; and David Moss. WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council Approved Member Amburgey, Warrant Resolution 1467, including Pay - MOTION roll 9011, and Warrant Resolution 1468 were approved by Warrants Approved the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Traffic Signal at Amburgey, Genis, Glasgow Santa Ana Avenue NOES: COUNCIL MEMBERS: None and Mesa Drive ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the following claims were rejected: Aman Brothers Aman Brothers, Incorporated; Rice Richard and Marilyn Rice; and Schneider Otto and Beth Schneider. ADMINISTRATIVE Staff recommended purchase of modular office furniture ACTIONS for $6,584.87 from sole source vendor, Pleion Corpora- tion, 1402 East Chestnut Avenue, Santa Ana; Orange Purchase of Modular County Contract No. F-69321,: On motion by Vice Mayor Furniture from Hornbuckle, seconded by Council Member Amburgey, the Pleion Corporation purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, MOTION Amburgey, Genis, Glasgow Purchase Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Planning Division A motion was made by Vice Mayor Hornbuckle, seconded by Processing Fees Council Member Amburgey, to adopt Resolution 90-46, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MOTION MESA, CALIFORNIA, AMENDING THE PLANNING DIVISION Resolution 90-46 PROCESSING FEE SCHEDULE REGARDING MINOR SIGN VARIANCES, Adopted changing "Minor Sign Variance" to "Administrative Adjustment". 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 Replacement Bond On motion by Vice Mayor Hornbuckle, seconded by Council for Gas Company Member Amburgey, and carried 5-0, Southern California Gas Company Bond No. 7851378 was accepted as a replace - MOTION ment for Bond No. 5590857, in conjunction with the Gas Bond Accepted Company's Franchise No. 49. Conference On motion by Vice Mayor Hornbuckle, seconded by Council Advances Member Amburgey, Conference Advances for $1,410.00 and $1,409.44, for two police officers to attend DEA Basic MOTION Narcotics Investigator courses in San Diego, June 17 to Advances. 29, 1990, were approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Traffic Signal at Staff requested that Council approve installation of a Santa Ana Avenue traffic signal at Santa Ana Avenue and Mesa Drive by and Mesa Drive the County of Orange; and Agreement No. D90-133 between the City and the County for joint maintenance of the signal. On motion by Vice Mayor Hornbuckle, seconded by 44 MOTION Council Member Amburgey, the request was approved, and Traffic Signal the Mayor and Clerk were authorized to sign the agree - and Agreement ment on behalf of the City. The motion carried by the Approved following roll.call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Signatures for On motion by Vice Mayor Hornbuckle, seconded by Council Security Pacific Member Amburgey, Resolution 90-47, A RESOLUTION OF THE National Bank CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Accounts AUTHORIZING SECURITY PACIFIC NATIONAL BANK AS A DESIG- NATED DEPOSITARY TO HONOR ALL CHECKS, DRAFTS OR OTHER MOTION ORDERS FOR PAYMENT OF MONEY DRAWN IN THE CITY'S NAME ON Resolution 90-47 ALL ITS ACCOUNTS WHEN BEARING OR PURPORTING TO BEAR THE Adopted FACSIMILE SIGNATURE(S) OF THOSE INDIVIDUALS NAMED, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Investments with On motion by Vice Mayor Hornbuckle, seconded by Council County of Orange Member Amburgey, Resolution 90-48, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION AUTHORIZING THE CITY TREASURER TO INVEST MONIES WITH THE Resolution 90-48 COUNTY OF ORANGE'S TREASURER, was adopted by the follow - Adopted ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Guerin Claim Item 4(b) on the Consent Calendar was presented: Claim from Michael Patrick Guerin. Council Member Amburgey was concerned about claims filed against the City for losses which have occurred in jurisdictions far removed from Costa Mesa, in this case, Spyglass Hill. He believed that the City should recover its processing cost from the attorney who filed the claim. He suggested that the City Attorney send a letter to the State Bar Association pointing out the blanket coverage the filing attorney has utilized, causing unnecessary expense to the City when it is apparent that the loss occurred at some distance from the City limits. Mayor Buffa mentioned that the last time the City filed a ccmplaint, the State Bar Association showed no inter- est in pursuing the matter. He asked the City Attorney if there were anything prohibiting the City from demand- ing payment for costs from attorneys filing such claims. The City Attorney responded that he could send a demand letter; however, the only grounds on which the City could base a lawsuit would be for a "bad faith" claim or lawsuit. MOTION A motion was made by Council Member Amburgey, seconded Staff Directed to by Vice Mayor Hornbuckle, and carried 5-0, directing the Investigate Methods City Attorney to investigate methods or alternatives to or Alternatives deal with frivolous claims filed against the City and to prepare a report for Council. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Claim Rejected Member Glasgow, and carried 5-0, the claim from Michael Patrick Guerin was rejected. 4 PUBLIC HEARING The Deputy Clerk announced the public hearing, continued Victoria Street from the meeting of May 21, 1990, for revisions to the Widening Project Victoria Street Widening Project: Addendum to Final Supplemental Environmental Impact Report (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 road at Continental Avenue; and (5) Relocation of a traffic signal from Monrovia Avenue to National Avenue. The Public Services Director explained the above changes as detailed in his memorandums dated May 23, May 31, and June 1, 1990. The Director pointed out that at its special meeting held on May 30, 1990, the Transportation Ccmmission recommended deleting the phrase, "the Harbor Boulevard/Victoria Street intersection is projected to operate at Level of Service E" from Paragraph (b), Page 5, of the "Statement of Facts" document. He reported that the deletion would bring the Addendum into conform- ance with the General Plan EIR which indicates a Level of Service (LOS) "D" for this intersection with buildout in the year 2010. Council Member Genis referred to the Traffic Analysis which states that traffic on Victoria Street would be reduced. by 872 trips; however, she could not find any data addressing the impact of additional trips on affected side streets. Sid Lindmark, PBR, 18012 Sky Park Circle, Irvine, preparer of the EIR Addendum, responded that the primary focus in the addendum was to address the ADT (Average Idly Trips) reduction on the streets which will have cul-de-sacs. He noted that there are some changes on the streets parallel to Victoria Street, but they are not expected to be substantial. Mr. Lindmark commented that the Addendum focuses only on those changes which occurred after the Supplemental EIR. Vice Mayor Hornbuckle announced that she will abstain from discussing and voting on the cul-de-sacs since her home is on Raleigh Avenue north. She stated that because a proposed cul-de-sac on that street may have an impact on the value of her property, it would not appear to be appropriate for her to address that item. Harvey Corbell, 2094 Continental Avenue, Costa Mesa, stated that having Continental Avenue as an access to Victoria Street would not be helpful to the residents of the tract, especially since Victoria Street can be accessed via Monrovia Avenue. He suggested having a cul-de-sac on Continental Avenue. Larry Richardson, 2178 Raleigh Avenue, Costa Mesa, spoke about traffic from Raleigh Avenue being diverted onto Wilson Street. The Mayor closed the public hearing for the Addendum to Final Supplemental EIR No. 1033-5. �1 MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Addendum Certified Council Member Amburgey, to adopt Resolution 90-49, A by Adoption of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Resolution 90-49 MESA, CALIFORNIA, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 1033 AS REVISED BY FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 1033-S AND ADDENDUM TO FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 1033-S, AND ADOPTING AMENDED FINDINGS FOR THE VICTORIA STREET WIDENING PROJECT. Council Member Genis opposed the motion inasmuch as she did not believe that the original EIR was adequate, and because of her concern about traffic impacts on surrounding streets. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None The Mayor announced that the next issue to be discussed are the project revisions. Mary McDonald, 2152 Raleigh Avenue, Costa Mesa, spoke in favor of a cul-de-sac for Raleigh Avenue north because it would eliminate the hazardous condition of having to back out of driveways onto Victoria Street. Larry Richardson, 2178 Raleigh Avenue, spoke about funding for the project and expressed his support for Design Alternative No. 2. The Director of Public Services and the Assistant City Engineer explained some of the funding issues which Mr. Richardson mentioned. Peggy Ohlhaver, 2152 Raleigh Avenue, Costa Mesa, spoke about the intense traffic on her street, and commented that she expected the City to construct a wall or cul- de-sac on Raleigh Avenue. Patricia Taft, 2094 Continental Avenue, Costa Mesa, reported on the dangerous traffic conditions which presently exist at the intersection of Continental Avenue and Oak Street, and stated that the proposal for Continental to be an access street would make matters much worse. D. W. McDonald, 2152 Raleigh Avenue, Costa Mesa, was opposed to temporary, instead of permanent, cul-de-sacs on Raleigh Avenue, Wallace Avenue, and Miner Street. Dan Beavor, 2179 Raleigh Avenue, Costa Mesa, stated that he made a decision to add onto his house based on information that the street would have a cul-de-sac. Mayor Buff requested.a motion on all items except the one relating to cul-de-sacs since Vice Mayor Hornbuckle would be obstaining from voting on that issue. Council Member Amburgey commented that he would not support any other alternative except Design Alternative No. 1 because he preferred standard cul-de-sac radii. Motion to Approve Council Member Glasgow made a motion, seconded by Council Alternative No. 3 Member Genis, to approve Alternative No. 3 as described Failed to Carry on Page 2 of the Public Services Director's memorandum dated May 23, 1990. 47 Council Member Glasgow stated that he selected Alterna- tive No. 3 because it would not require acquisition of additional property. Council Member Genis commented that even though she seconded the motion, she may not support it because of the costs involved. Substitute Motion After discussion concerning the additional acquisitions to Continue this required to construct Alternative No. 1, Council Member Item Failed to Amburgey made a substitute motion, seconded by Council Carry Member Genis, to continue the project revisions for two weeks so that staff can determine the number of entire properties which would have to be acquired for Alterna- tives No. 1 and No. 2, and to determine which of these property owners would be willing sellers. Council Members Buffa and Glasgow were not interested in taking additional properties. Discussion ensued on whether Vice Mayor Hornbuckle could vote on the substi- tute motion, and it was the City Attorney's opinion that since the motion was merely to continue the item, it would be appropriate for her to vote. The substitute motion failed to carry 3-2, Council Members Buffa, Hornbuckle, and Glasgow voting no. The original motion to approve Alternative No. 3 failed to carry 2-2, Council Members Amburgey and Genis voting no, Vice Mayor Hornbuckle abstaining. MOTION/Approve A motion was made by Vice Mayor Hornbuckle, seconded by Alternative No. 3 Council Member Glasgow, directing staff to proceed with Except for Raleigh Design Alternative No. 3 except for the cul-de-sac on Avenue North (Voided Raleigh Avenue north. (This motion was vacated by a by Subsequent Motion) subsequent motion.) During discussion regarding the bid process for this project, the City Attorney reported that he has not yet determined that the Vice Mayor is disqualified from voting on- the Raleigh Avenue north cul-de-sac. He stated that she presented information to him indicating that she may have a financial interest in the sense that her property may improve in value because of the cul-de- sac. The City Attorney offered to review the issues of the bid process and the Vice Mayor's possible financial interest and report back to Council. The motion carried 3-2, Council Members Amburgey and Genis voting no. Council Member Genis made a motion to continue the Raleigh Avenue north cul-de-sac for two weeks to allow the City Attorney to submit a report. The motion died for lack of a second. SUBSTITUTE MOTION Mayor Buffa made a substitute motion to vacate the Previous Motion previous motion approving Alternate No. 3 except for Vacated; Continued Raleigh Avenue north, and directed the City Attorney to June 18, 1990 to prepare an opinion for the meeting of June 18, 1990, Council Member Amburgey commented that he would not support any other alternative except Design Alternative No. 1 because he preferred standard cul-de-sac radii. Motion to Approve Council Member Glasgow made a motion, seconded by Council Alternative No. 3 Member Genis, to approve Alternative No. 3 as described Failed to Carry on Page 2 of the Public Services Director's memorandum dated May 23, 1990. 48 Council Member Glasgow stated that he selected Alterna- tive No. 3 because it would not require acquisition of additional property. Council Member Genis commented that even though she seconded the motion, she may not support it because of the costs involved. Substitute Motion After discussion concerning the additional acquisitions to Continue this required to construct Alternative No. 1, Council Member Item Failed to Amburgey made a substitute motion, seconded by Council Carry Member Genis, to continue the project revisions for two weeks so that staff can determine the number of entire properties which would have to be acquired for Alterna- tives No. 1 and No. 2, and to determine which of these property owners would be willing sellers. Council Members Buffa and Glasgow were not interested in taking additional properties. Discussion ensued on whether Vice Mayor Hornbuckle could vote on the substi- tute motion, and it was the City Attorney's opinion that since the motion was merely to continue the item, it would be appropriate for her to vote. The substitute motion failed to carry 3-2, Council Members Buffa, Hornbuckle, and Glasgow voting no. The original motion to approve Alternative No. 3 failed to carry 2-2, Council Members Amburgey and Genis voting no, Vice Mayor Hornbuckle abstaining. MOTION/Approve A motion was made by Vice Mayor Hornbuckle, seconded by Alternative No. 3 Council Member Glasgow, directing staff to proceed with Except for Raleigh Design Alternative No. 3 except for the cul-de-sac on Avenue North (Voided Raleigh Avenue.north. (This motion was vacated by a by Subsequent Motion) subsequent motion.) During discussion regarding the bid process for this project, the City Attorney reported that he has not yet determined that the Vice Mayor is disqualified from voting on the Raleigh Avenue north cul-de-sac. He stated that she presented information to him indicating that she may have a financial interest in the sense that her property may improve in value because of the cul-de- sac. The City Attorney offered to review the issues of the bid process and the Vice Mayor's possible financial .interest and report back to Council. The motion carried 3-2, Council Members Amburgey and Genis voting no. Council Member Genis made a motion to continue the Raleigh Avenue north cul-de-sac for two weeks to allow the City Attorney to submit a report. The motion died for lack of a second. SUBSTITUTE MOTION Mayor Buffa made a substitute motion to vacate the Previous Motion previous motion approving Alternate No. 3 except for Vacated; Continued Raleigh Avenue north, and directed the City Attorney to June 18, 1990 to prepare an opinion for the meeting of June 18, 1990, on the issue of the Vice Mayor's participating in the vote for construction of the cul-de-sacs. The motion was seconded by Council Member Genis. Council Member Amburgey requested the Mayor to add a direction to the City Attorney to include information that he had suggested in his earlier substitute motion. AMENDED SUBSTITUTE Mayor Buffa amended his substitute motion by adding a MOTION/Added a direction to staff to provide an updated staff memoran- Request for an dum. The amended substitute motion was seconded by Updated Staff Council Member Genis. Report In order to confirm Council's actions, the City Manager gave his interpretation of the information being requested: potential conflict of interest; properties to be fully acquired; and interest of property owners to sell. Mayor Buffa confirmed that interpretation. The amended substitute motion carried 3-1, Council Mem- ber Glasgow voting no, Vice Mayor Hornbuckle abstaining. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Remaining Project Council Member Amburgey, to approve changes to the bike - Revisions Approved way on Canyon Drive to the Placentia Avenue segment, reduction in frontage road width and minor related design changes, additional access to Victoria Street frau the frontage road at Continental Avenue, and relo- cation of a traffic signal from Monrovia Avenue to National Avenue. The motion carried 4-1, Council Member Genis voting no. PUBLIC HEARING The Deputy Clerk announced that this was the time and Landscaping Assess- place set for the public hearing to consider levying ment District No. 1 an assessment for fiscal year 1990-91 for Landscaping Assessment District No. 1, Tracts 9901 and 12011, located south of Sunflower Avenue and east of Smalley Road. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The City Manager stated that this is the annual estab- lishment of a levy for Landscaping Assessment District No. 1, and the proposed assessment is $99.63 per parcel. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 90-50 Member Amburgey, Resolution 90-50, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1990-1991 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER ONE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Deputy Clerk announced that this was the time and Landscaping Assess- place set for the public hearing to consider levying ment District No. 2 an assessment for fiscal year 1990-91 for Landscaping Assessment District No. 2, located in the general area of Bear Street and the Corona del Mar Freeway. The Affidavit of publication is on f ile in the Clerk's office. No communications were received. The City Manager reported that this is similar to the previous public hearing, stating that each parcel within Landscaping Assessment District No. 2 will be assessed $87.68. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Amburgey, seconded by Vice Resolution 90-51 Mayor Hornbuckle, Resolution 90-51, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESSMENT FOR FISCAL YEAR 1990-1991 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER TWO, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Deputy Clerk presented Ordinance 90-7, extending the Bingo Games time for Bingo games to 11:00 p.m. The City Manager referred to the City Attorney's opinion regarding locations where Bingo games may be held. Motion was Made A motion was made by Council Member Amburgey, seconded to Adopt by Vice Mayor Hornbuckle, to give second reading and Ordinance 90-7 adopt Ordinance 90-7. Council Member Genis opposed the motion because she felt 11:00 p.m. was too late for Bingo games to operate when they are held in a residential area. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None The City Attorney reported that at the last meeting, the proposed ordinance was placed on the Agenda with the intent to have first reading at this meeting. He explained that the document was not available at the May 21, 1990, meeting; therefore, first reading should not have been given to the ordinance at that time. Motion was Made Council Member Amburgey made a motion to give first to Give First reading to Ordinance 90-7. The motion was seconded by Reading to Vice Mayor Hornbuckle, and further discussion ensued. Ordinance 90-7 Council Member Amburgey mentioned that at the May 21 meeting, Mr. Hunziker of the Costa Mesa Civic Playhouse, spoke about the necessity of having the time extended for the games already scheduled by the Playhouse. Council Member Amburgey suggested that the ordinance be adopted as an urgency measure. SUBSTITUTE MOTION On motion by Council Member Amburgey, seconded by Urgency Ordinance Council Member Glasgow, Ordinance 90-7, AN URGENCY 90-7 Adopted 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 OPERATION OF BINGO GAMES, was adopted 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 8:40 p.m., and the meet- ing reconvened at 8:50 p.m. Vice Mayor Absent Vice Mayor Hornbuckle was absent when the next item was introduced. OLD BUSINESS The Deputy Clerk presented Ordinance 90-8 for second Bicyclists reading and adoption. The ordinance requires bicyclists riding on sidewalks to yield the right-of-way at drive- ways and alleyways. MOTION On motion by Council Member Amburgey, seconded by Council Ordinance 90-8 Member Glasgow, Ordinance 90-8, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING 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 second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buf fa, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hornbuckle Vice Mayor Returned Vice Mayor Hornbuckle returned to the Council Chambers at 8:55 p.m. OLD BUSINESS The Deputy Clerk presented a request from Council Member Request to Rehear Genis for a rehearing of Council's approval of two Contract Award to agreements with The Shred Company, Post Office Box The Shred Company 10531, Costa Mesa: (1) To provide recycling services for six months as a pilot program at City Hall at a cost Recycling Pilot not to exceed $5,000.00; and (2) To provide recycling Program services for six months as a pilot program at the Police Department. The Public Services Director summarized his memorandum dated June 1, 1990. He reported that six other sources were contacted (Page 2 of the memorandum) as well as other companies, and a number of companies were not interested in the trial six-month program. He also mentioned that some companies were not interested in providing the type of service the City requested. The Director stated that staff believes The Shred Company can provide the type of pilot program the City requires in order to develop specifications for a permanent recycling program. Council Member Genis reported that she contacted four recycling companies, three of which stated that they would pay the City for the paper without the City's paying the company any money up -front. MOTION After staff answered numerous questions from Council, Rehearing Council Member Genis made a motion to rehear this item Approved since there is new information which was not available previously, specifically: the present cost to the City to recycle; the fact that the City is currently recycl- ing computer paper; and the fact that there are three ccmpanies that have indicated they would not charge for this type of service, and one company expressed an interest in providing a pilot program. The motion was seconded by Vice Mayor Hornbuckle, and carried 3-2, Council Members Amburgey and Glasgow voting no. MOTION Based on the new information, Council Member Genis made Staff Directed to a motion, seconded by Vice Mayor Hornbuckle, directing Send RFPs to staff to send Requests for Proposals (RFP) to interested Interested Firms companies, using the scope of service detailed in the staff reports. The motion carried 3-2, Council Members Amburgey and Glasgow voting no. NEW BUSINESS The Deputy Clerk presented a recommendation from the Green Fee Increases Golf Course Advisory Committee to increase the green at Los Lagos Course fees at the Los Lagos course, Costa Mesa Golf Course, beginning July 1, 1990: 51 k_' = 52 From $12.00 to $14.00 on weekdays; from $15.00 to $18.00 on weekends and holidays; from $8.00 to $10.00 on weekdays for nine holes; from $10.00 to $12.00 on weekends and holidays for nine holes; from $8.00 to $10.00 for late rate on weekdays; and from $10.00 to $12.00 for late rate on weekends and holidays. The City Manager summarized the recommendations shown in the committee's memorandum dated May 23, 1990, and commended the committee members on their interviewing techniques and preparation of a comprehensive report. He reported that the $22,412.00 being disbursed will be taken from the Copley/Colony franchise fees. MOTION On motion by Council Member Amburgey, seconded by Coun- Allocations cil Member Genis, allocation of funds as recommended by Approved the committee were 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 Deputy Clerk presented a request to cancel the group Transfer of Funds picnic project at TeWinkle Park; to transfer $78,850.00 from Park Develop- to the "Seniors Center" project account for demolition ment Fund to of facilites and design services for the new parking lot Seniors Center and related site work; and to transfer the remaining Account appropriation of $250,000.00 to the Park Development fund and $464,150.00 to the General Operating fund for future allocation. The City Manager summarized his memorandum of May 31, 1990, which details the aforementioned funding changes. MOTION/TeWinkle Picnic Facilities On motion by Vice Mayor Hornbuckle, seconded by Council Cancelled; Budget Member Amburgey, the following action was taken: Adjustment Nos. 90-98 and 90-99 The proposed group picnic facilities at TeWinkle Park Approved were cancelled. Budget Adjustment No. 90-98, to transfer $78,850.00 to the "Seniors Center" project account, was approved. Budget Adjustment No. 90-99, to transfer $250,000.00 to the Park Development fund and $464,150.00 to the General Operating fund, was approved. The City Manager referred to a memorandum from the Community Services Director dated May 24, 1990, which contains the above increases, and pointed out that no increase is being proposed for either the Mesa Linda course or the senior citizens rate. MOTION After the City Manager answered questions from Council, Fee Increases Council Member Glasgow made a motion to approve the Approved increased fees recommended by the Golf Course Advisory Committee. The motion was seconded by Council Member Amburgey, and carried 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 Deputy Clerk presented a recommendation from the Cable TV Grant Cable Television Committee on the allocation of cable Funds television grant funds. The City Manager summarized the recommendations shown in the committee's memorandum dated May 23, 1990, and commended the committee members on their interviewing techniques and preparation of a comprehensive report. He reported that the $22,412.00 being disbursed will be taken from the Copley/Colony franchise fees. MOTION On motion by Council Member Amburgey, seconded by Coun- Allocations cil Member Genis, allocation of funds as recommended by Approved the committee were 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 Deputy Clerk presented a request to cancel the group Transfer of Funds picnic project at TeWinkle Park; to transfer $78,850.00 from Park Develop- to the "Seniors Center" project account for demolition ment Fund to of facilites and design services for the new parking lot Seniors Center and related site work; and to transfer the remaining Account appropriation of $250,000.00 to the Park Development fund and $464,150.00 to the General Operating fund for future allocation. The City Manager summarized his memorandum of May 31, 1990, which details the aforementioned funding changes. MOTION/TeWinkle Picnic Facilities On motion by Vice Mayor Hornbuckle, seconded by Council Cancelled; Budget Member Amburgey, the following action was taken: Adjustment Nos. 90-98 and 90-99 The proposed group picnic facilities at TeWinkle Park Approved were cancelled. Budget Adjustment No. 90-98, to transfer $78,850.00 to the "Seniors Center" project account, was approved. Budget Adjustment No. 90-99, to transfer $250,000.00 to the Park Development fund and $464,150.00 to the General Operating fund, was approved. 53 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 BUSINESS The Deputy Clerk presented staff's request to award a Asbestos Removal contract to Pomona Valley Equipment Rentals, Incorpor- and Demolition of ated, 11532 East End Avenue, Chino, to Remove Asbestos 30 Structures on and Demolish 30 Structures on Victoria Street and Victoria Street Structures at 695 West 19th Street (Mardan Site), and Structures on Specification No. V-90-03. the Mardan Site The City Manager reported that since this work is an integral part of the Seniors Center project, it is anticipated that the $78,850.00 for the asbestos removal and demolition work may be recovered in the proposed bond issue. MOTION On motion by Council Member Glasgow, seconded by Council Contract Awarded Member Amburgey, the contract was awarded to Pomona to Pomona Valley Valley Equipment Rentals, Incorporated, for $395,000.00. Equipment.Rentals 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 BUSINESS The Deputy Clerk presented a request from staff to award Site Preparation a contract to Pomona Valley Equipment Rentals, Incorpor- of 24 Lots on ated, 11532 East End Avenue, Chino, for Site Preparation Victoria Street of 24 Lots on Victoria Street, Specification No. V-90-04. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Contract Awarded Member Amburgey, the contract was awarded to Pomona to Pomona Valley Valley Equipment Rentals, Incorporated, for $39,500.00. Equipment Rentals 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 BUSINESS The Deputy Clerk presented a policy which provides for Transportation the Transportation Commission's decision on parking Commission Policy: prohibition for street sweeping to become final unless No Parking/Street appealed. Sweeping On motion by Council Member Amburgey, seconded by Vice MOTION Mayor Hornbuckle, and carried 5-0, the policy was Policy Approved approved. NEW BUSINESS The Deputy Clerk presented a subordination agreement Subordination with Robert Ziemer, et al, 1830-1832 Newport Boulevard, Agreement with Costa Mesa, in conjunction with the Community Develop - Ziemer, et al ment Block Grant (CDBG) Commercial Rehabilitation Loan Program. CDBG Commercial The City Manager summarized his memorandum of May 31, Rehabilitation 1990, and answered questions from Council regarding the Loan Program loan program. MOTION A motion was made by Council- Member Amburgey, seconded Agreement by Council Member Glasgow, to approve the subordination Approved agreement between the City and Robert R. Ziemer, et al, for property at 1830-1832 Newport Boulevard, finding that this is a unique situation and furthers Redevelop- ment Agency and City goals, and does so at a lesser cost than would be achieved under the regular Commercial Rehabilitation Program. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Deputy Clerk presented agreements with Rod Gunn and Financing Fire Associates, 3010 Old Ranch Parkway, Suite 330, Seal Station No. 6 and Beach, as financial advisor; and Jones Hall Hill and the Seniors Center White, 4 Embarcadero Center, Suite 1950, San Francisco, as bond counsel, for financing Fire Station No. 6 and the Costa Mesa Seniors Center. The Assistant to the City Manager summarized staff's memorandum dated May 31, 1990, which provides informa- tion on the proposed financing. The Assistant pointed out that fees for the bond counsel are reimbursable expenses from the bond issue. Responding to Council Member Glasgow's inquiry, the City Attorney. confirmed that the contracts are exempt from advertising and bidding requirements pursuant to the California Public Contracts Code. At the request of Council Member Genis, the City Manager stated that he would provide a bond indebtedness compar- ison between Costa Mesa and other cities similar in size and characteristics. The City Attorney stated that he would prepare a memorandum concerning this item as it relates to the Gann Initiative. MOTION A motion was made by Council Member Amburgey, seconded City Manager by Vice Mayor Hornbuckle, authorizing the City Manager Authorized to to negotiate agreements with Rod Gunn and Associates, Negotiate Incorporated, and Jones Hall Hill and White, for Agreements financing Fire Station No. 6 and the Costa Mesa Seniors Center. Council Member Genis opposed the principal of financing projects through the bonding method. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, NOES: COUNCIL MEMBERS: Genis, Glasgow ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Deputy Clerk presented a request from staff to Property Insurance authorize the Risk Manager to bind the June 1, 1990, Renewal property insurance renewal at a.cost of $106,172.00. The City Attorney made a brief presentation on the information contained in two memorandums from the Risk Manager dated May 29, 1990. He noted that this year's premium is $64,008.00 lower than last year's, reflecting a savings of 37 percent. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Insurance Renewal Council Member Amburgey, approving the proposal as out - Approved lined in the aforementioned memorandums. 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 LJ NEW BUSINESS The Deputy Clerk presented a Notice of Intention to Conflict of circulate a petition for an initiative to enact an ordi- Interest nance regarding conflict of interest. Ordinance The City Attorney reported that after receiving the Notice of Intention to circulate a petition, he prepared the title ("Initiative to amend the Conflict of Interest Code of the City of Costa Mesa") and summary. He stated that this issue redefines the definition of "financial interest", and was placed on the Agenda at the request of Council Member Genis. Council Member Genis commented that it appears citizens support this type of regulation, and felt it would save time and money by enacting an ordinance. MOTION A motion was made by Council Member Genis, seconded by City Attorney Mayor Buffa, directing the City Attorney to prepare an Directed to ordinance incorporating the provisions of the initia- Prepare Ordinance tive. Council Member Amburgey asked the City Attorney to provide the approximate cost of defending the constitu- tionality of the proposed ordinance. The motion carried 3-2, Council Members Amburgey and Glasgow voting no. NEW BUSINESS The Deputy Clerk presented a proposal from Council Regulating Member Genis to regulate campaign contributions. Campaign Contributions Council Member Genis referred to a memorandum she sub- mitted to Council in early 1989, regulating a Council Member's right to vote on an item if the applicant had donated over a certain amount of money to a Council Member's election campaign. She mentioned that there is an existing State law which regulates contributions and voting on the commission level. Discussion ensued, regarding the County of Orange "Tin Cup" ordinance which regulates campaign contributions for County Supervisors, and the State Code relating to commission members. MORTON A motion was made by Vice Mayor Hornbuckle, seconded by Referred to Council Member Genis, referring this item to the first Study Session available Study Session, and directing staff to provide a copy of the Orange County "Tin Cup" ordinance, the State Code regulating commissioners' contributions, and any other information gathered the last time this item was discussed. The motion carried 3-2, Council Members Amburgey and Glasgow voting no. RECESS The Mayor declared a recess at 10:45 p.m., and the meet- ing reconvened at 11:00 p.m. CITY MANAGER The City Manager presented the Council with the proposed REPORT Municipal Budget for fiscal year 1990-1991. He reported 1990-1991 City that the appropriation for operations and capital Budget improvements is $62,266,740.00. Scheduled for The City Manager announced that the budget will be June 11 Study reviewed at the Study Session of June 11, 1990, at Session and 1:00 p.m., in the fifth floor Conference Room of City June 18 Council Hall, and public discussion will be held at the regular Meeting Council meeting of June 18, 1990. 55 COUNCIL MEMBERS Council Member Genis spoke in support of a suggestion COMMENTS made by Vice Mayor Hornbuckle at the May 21 meeting concerning the formation of a Task Force consisting of Commercial City and Sanitary District staff, as well as repre- Recycling sentatives from the business community. Committees Council Member Genis asked for clarification as to when a Council Member is considered a voting or nonvoting member of a committee. The City Manager stated that a definite policy has not been established; however, he did send a memorandum to the Council Members recently which is a comprehensive report on all committees. Vice Mayor Hornbuckle requested clarification on the role of staff on the various committees. Fish Fry and Council Member Genis commended the Lions Club for the Parade outstanding Fish Fry and Parade which was held during the past weekend. Proclamation for Council Member Glasgow was concerned about the City's Senior Citizens not issuing a proclamation during the month of May to recognize senior citizens. Mayor Buffa requested staff to determine whether or not a proclamation was done. Legal Opinion on Council Member Glasgow requested the City Attorney to Contracts clarify his legal opinions concerning City contracts. Review of City Vice Mayor Hornbuckle referred to a memorandum addressed Contracts to the City Manager from the City Attorney dated May 31, 1990, regarding Council Member Glasgow's request for a review of all City contracts for fiscal years 1987-88 through 1989-90. She expressed her concern over the considerable amount of work this request would entail. The Vice Mayor asked that this be placed on the June 18, 1990, Council Agenda. Council Member Amburgey was of the opinion that any Council Member may request information from staff with- out approval by the majority of the Council Members. Mayor Buffa stated that it was his understanding that if a Council Member raises an objection to a request made to staff, a vote of the entire Council is required. Council Member Glasgow reported that he had intended to ask for a Grand Jury investigation, and if the Grand Jury would have denied his request, he intended to contact the State Attorney General. Council Member Glasgow stated that the City Attorney offered to review the contracts as a compromise. Vice Mayor Hornbuckle again requested that this matter be placed on the next Agenda, and Mayor Buffa responded that the Vice Mayor's request would be honored. Lions Club Mayor Buffa commended the Lions Club for its very Commended successful Fish Fry. Primary Election Mayor Buffa urged citizens to vote in the June 5, 1990, election. 1 57 ADJOURNMENT The Mayor declared the meeting adjourned at 11:30 p.m. —( ; 4-,� �,: 2 " /� Mayor of the City Costa Mesa ATTEST: City Clerk_. of the City -of Costa esa