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HomeMy WebLinkAbout07/02/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 2, 1990 The City Council of the City of Costa Mesa, California, met in regular session July 2, 1990, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Fred Bailey, St. John the Baptist Catholic Church. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Officials Present: None Deputy City Manager/Develop- ment Services Donald Lamm City Attorney Thomas Kathe Public Services Director William Morris Finance Director Susan Temple Personnel Director Steve Hayman City Clerk Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council June 13 and Member Amburgey, and carried 5-0, the minutes of the June 18, 1990 special meeting of June 13, 1990, and the regular meet- ing of June 18, 1990, were approved. 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. ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about COMMUNICATIONS the need to coordinate traffic signals in the City, and mentioned several streets where traffic is backed Traffic Signals up because signals are not properly synchronized. Lions Club Fish Michelle Baldwin, 1845 Anaheim Avenue, No. lA, Costa Fry and Carnival Mesa, representing residents living near Lions Park, submitted a letter of complaint regarding the negative impacts of the Lions Club Annual Fish Fry and Carnival on the residents in the neighborhood. She also sub- mitted a petition signed by 54 residents requesting that the event be relocated to a more suitable location. Mayor Buffa stated that staff would investigate her complaint, and suggested that she advise the Lions Club of the residents' concerns. McCoy Lawsuit Dave McCoy, 1997 Fullerton Avenue, Costa Mesa, suggested that discussion regarding McCoy vs. City of Costa Mesa be held in open session rather than closed session as shown on the Agenda. Tree Removal Policy Dave McCoy spoke about removal of trees in various parts of the City, and suggested that a policy be adopted regulating this activity. Ylz Signal at Mesa Drive/Santa Ana Avenue Victoria Street Widening John Goodman, 295 Mesa Drive, Costa Mesa, was opposed to the traffic signal being proposed for the intersec- tion of Mesa Drive and Santa Ana Avenue. The Public Services Director reported that the County of Orange is the lead agency for this project. Mayor Buffa suggested that the Public Services Director provide Mr. Goodman with the contact person at the County. Larry Richardson, 2178 Raleigh Avenue, Costa Mesa, asked about construction of the cul-de-sacs in connection with the Victoria Street Widening Project. The Public Services Director explained the recent action by Council regarding the eight cul-de-sacs and funding for same. City's General Jay Humphrey, 1620.Sandalwood Street, Costa Mesa, wanted Plan to know when the City's General Plan would be brought back to Council for final approval. The Deputy City Manager/Development Services responded that it was his estimate that the revised Environmental Impact Report and the General Plan document would be ready for Council consideration in December, 1990. CONSENT CALENDAR On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, all items on the Consent Calendar 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: Balboa Insurance; Harlene Miller; Saul Romero; and Linda Lee McDonald. Alcoholic Alcoholic Beverage Licenses for which parking has Beverage been approved by the Planning staff: Lisa Cassara, Licenses James Wedgeworth, and Kelli Wedgeworth, doing business as Balloons Unlimited, 2052 Newport Boulevard, Suite 7; Forbco Management Corporation, doing business at 2196 Harbor Boulevard, Suite 7; H & G Restaurants, Incorporated, doing business as Kaplans, 3211 Harbor Boulevard; and Olivia Fong and Monita Lee, doing business as Jade Garden No. 1, 3013 Harbor Boulevard. Police Letter from Cindy (Selene) Thanos, CFG Investments, Commended Incorporated, commending the Police Department on its excellent response and handling of service calls. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Helpline USA, 22797 Barton Helpline USA Road, Suite 172, Grand Terrace, by soliciting funds in front of stores from July 2, 1990, to April 30, 1991. MOTION On motion by Council Member Amburgey, seconded by Vice Permit Approved Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). National Aids Notice of Intention to Appeal or Solicit for Charitable Prevention Purpose was received from National Aids Prevention Institute Institute, Post Office Box 2500, Culpeper, Virginia, by soliciting funds at local businesses between July 2 and MOTION December 30, 1990. On motion by Council Member Amburgey, Permit Approved seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). 1 2 American National Notice of Intention to Appeal or Solicit for Charitable Veterans Purpose was received from American National Veterans, 1220-24 East Washington, Suite 128, Colton, by solicit - MOTION ing funds at retail stores from June 30, 1990, to Permit Approved June 30, 1991. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-224. Amateur Sports Notice of Intention to Appeal or Solicit for Charitable Training Centers Purpose was received from Amateur Sports Training Centers, 17270 Newhope Street, Fountain Valley, by MOTION door-to-door solicitation from July 2 to December 31, Permit Approved 1990. On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the permit was approved with application of Municipal Code Section 9-224. WARRANTS On motion by Council Member Amburgey, seconded by`Vice Mayor Hornbuckle, Warrant Resolution 1470, including MOTION Payroll 9013, and Warrant Resolution 1471 were approved Warrants by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, the following claims were rejected: Bloomberg Martha I. Bloomberg; Roman Herb Roman; Wood Jonathan Wood; and Zartler Corrine R. Zartler. Bid Item No. 891 One bid received for Bid Item No. 891, Remove and Power Generator(s) Replace Emergency Power Generator(s), is on file in the Clerk's office. On motion by Council Member MOTION Amburgey, seconded by Vice Mayor Hornbuckle, and Bid Rejected carried 5-0, the bid was rejected because no bid bond was submitted; and staff was authorized to readvertise for new bids. Bid Item No. 894 Bids received for Bid Item No. 894, Supply and Install Fencing Fencing, are on file in the Clerk's office. On motion by�Council Member Amburgey, seconded by Vice Mayor MOTION Hornbuckle, and carried 5-0, all bids were rejected Bids Rejected because of their being over the City's budgeted amount; and staff was authorized to revise the specifications and readvertise for new bids. AHFP Qualification On motion by Council Member Amburgey, seconded by Vice for 1990-91 Mayor Hornbuckle, Resolution 90-55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ESTABLISHING THE QUALIFICATION OF THE CITY OF COSTA Resolution 90-55 MESA FOR PARTICIPATION IN THE ORANGE COUNTY ARTERIAL Adopted HIGHWAY FINANCING PROGRAM FOR FISCAL YEAR 1990-91, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None E Calling and Giving On motion by Council Member Amburgey, seconded by Vice Notice of Election Mayor Hornbuckle, Resolution 90-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MOTION MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, Resolution 90-56 NOVEMBER 6, 1990, FOR THE ELECTION OF CERTAIN OFFICERS Adopted OF SAID CITY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Consolidating with On motion by Council Member Amburgey, seconded by Vice Statewide Election Mayor Hornbuckle, Resolution 90-57, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF Resolution 90-57 ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF Adopted SAID CITY TO BE HELD ON NOVEMBER 6, 1990, WITH THE STAT5VIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS 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 Regulations for On motion by Council Member Amburgey, seconded by Vice Candidates Mayor Hornbuckle, Resolution 90-58, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE Resolution 90-58 PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND Adopted THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION, was adopted 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 Modification on Superior Avenue at 16th Traffic Signals on Street/Industrial Way has been completed to the satis- Superior Avenue at faction of the Public Services Director by Intersection 16th Street/ Maintenance Service, 244 East Avenue, K-4, Lancaster. Industrial Way On motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, the work was accepted; the Clerk was Intersection authorized to file a Notice of Completion; authorization Maintenance was given to release retention funds 35 days thereafter; Service the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered MOTION exonerated 12 months thereafter. The motion carried by Work Accepted the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Street, storm drain, and traffic signal improvements Improvements for have been completed to the satisfaction of the Public DR -88-68 by Oviatt, Services Director by Joel Oviatt, 4812 Harmanson Circle, Huntington Beach, in connection with Development Review MOTION DR -88-68, for property at 2698 Bristol Street. On Work Accepted motion by Council Member Amburgey, seconded by Vice Mayor Hornbuckle,.the work was accepted, and Council authorized release of Savings Passbook 4/004-163417-9 for $25,000.00. .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 1 Public Works Mutual Staff recommended approval of an agreement and adoption Aid Agreement of a resolution providing for public works assistance between member counties and cities to mitigate disaster MOTION damage. On motion by Council Member Amburgey, seconded Agreement Approved by Vice Mayor Hornbuckle, the, Public Works Mutual Aid Agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Amburgey, seconded by Vice Resolution 90-59 Mayor Hornbuckle, Resolution 90-59, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE PUBLIC WORKS MUTUAL AID PROGRAM FOR EMERGENCY SERVICES, was adopted -by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Change Order "C" Staff recommended approval of Change Order "C" for Norris-Repke $14,673.00 to the contract with Norris-Repke, Incorpor- ated, 2882 Walnut Avenue, Suite A, Tustin, in connection Bristol Street with design services for the Bristol Street improvements Improvements from Baker Street to Bear Street. Additional services are required to study alternatives relative to the elimination of the super -elevation on Bristol Street, to add a right -turn lane to improve traffic circula- tion, and to widen the street at various locations to MOTION accommodate existing and projected traffic. On motion Change Order by Council Member Amburgey, seconded by Vice Mayor Approved Hornbuckle, the change order was approved by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing, continued from PA -88-189A the meeting of June 18, 1990, to consider an appeal of Ryder/Roxburgh the Planning Commission's denial of Planning Action PA -88-189A from Kenneth A. Ryder, Pinto & Gromet, 2201 Dupont Drive, Suite 750, Irvine, representing Claudia Roxburgh, 245 Fischer Avenue, Suite B-4, Costa Mesa, to amend a Conditional Use Permit to allow 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. MOTION On motion by Council Member Amburgey, seconded by Vice Referred Back Mayor Hornbuckle, and carried 5-0, this item was to Planning referred back to the Planning Commission as requested Commission by the applicant. PUBLIC HEARING The Clerk announced that this was the time and place set GP -90-02B and for the public hearing for Thomas C. O'Neil, et al, 389 R-90-05 Ralcam Place, Costa Mesa, for property at 358-399 Ralcam O'Neil, et al Place: General Plan Amendment GP -90-02B to change the Land Use Designation from Low Density Residential to Medium Density Residential. Rezone Petition R-90-05 to change the zoning from R1 to R2. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. A communication was received from the applicant requesting a two-week continuance. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Continued to Member Amburgey, and carried 5-0, the public hearing July 16, 1990 was continued to July 16, 1990. PUBLIC HEARING The Clerk announced that this was the time and place PA -88-132 set for the public hearing to consider Planning Action Zeimer PA -88-132, Robert R. "Zeb" Zeimer, for renewal of a previously approved Conditional Use Permit for expansion of an existing bar within 200 feet of residentially zoned property, with a variance from parking require- ments at 1830 Newport Boulevard, in a C2 zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. Communications opposing the application were received from Dorothy A. Koehn, Manager of West Bay Apartments, 126-131 East 18th Street, Costa Mesa; Kellie Sorenson, 122-B Magnolia Street, Costa Mesa; and Donna Shafer, 122-A Magnola Street, Costa Mesa. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Continued to Member Amburgey, and carried 5-0, the public hearing July 16, 1990 was continued to July 16, 1990, as requested by staff. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -90-61 set for the public hearing to consider an appeal of Cascio the Planning Commission's denial of Planning Action PA -90-61 from Domenic Cascio, 609 West 19th Street, Costa Mesa, for Conditional Use Permits to establish a U -Haul storage and rental facility on a commercial property, with a nonconforming residence to remain, and for shared access at 609 and 613 West 19th Street in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services reviewed the Staff Report and staff's memorandum dated June 27, 1990, and mentioned that since the Planning Commission meeting, the nonconforming house at 613 West 19th Street has been removed. He reported that staff and the Plan- ning Commission were concerned about the impacts of the use on some of the residential areas. Domenic Cascio, 2 Rue Chateau Royale, Newport Beach, stated that he intends to conduct the U -Haul business as a temporary use until he can process plans for a new commercial building, probably within the next year. Mr. Cascio contended that the impact on the neighborhood would be relatively light, and stated that a fence would be constructed along the front setback on 19th Street. Mr. Cascio agreed to all conditions if the request were approved. There being no other speakers, the Mayor closed the public hearing. Motion to Deny A motion was made by Council Member Glasgow, seconded by PA -90-61 Failed Council Member Amburgey, to uphold the Planning Commis - to Carry sion's denial of Planning Action PA -90-61 based on the M analysis and findings contained in the Staff Report, and an additional finding that the use would not be compat- ible with the residential use south of the site. The motion failed to carry 3-2, Council Members Buffa, Amburgey, and Genis voting no. MOTION A motion was made by Council Member Amburgey, seconded PA -90-61 Approved by Mayor Buffa, to approve Planning Action PA -90-61 subject to the conditions contained in the Staff Report with two additional conditions: A six-foot redwood fence, or similar type fence, shall be constructed along the southerly, easterly, and westerly property lines of the site; and the permit shall be valid for one year, expiring on or before July 1, 1991. Further discussion ensued, and Mr. Cascio explained that it was his intention to construct the six-foot fence behind the front setback line along 19th Street, with the 20 -foot wide driveway being the only opening at the front of the site. AMENDED MOTION Council Member Amburgey amended his motion by stipulat- Changed Location ing that the six-foot fence shall be constructed in the of Fence area west of the driveway. The amended motion was sec- onded by Mayor Buffa, and carried 3-2, Council Members Hornbuckle and Glasgow voting no. OLD BUSINESS The Clerk presented from the meeting of June 18, 1990, Council Policy Council Policy No. 100-4, regarding allocation of funds No. 100-4 - to nonprofit organizations who provide services to Services for illegal aliens. Illegal Aliens A communication was received from the ACLU Foundation of Southern California, 633 South Shatto Place, Los Angeles, opposing adoption of a policy which would require private and public organizations or agencies to sign an anti -immigrant loyalty oath in order to receive funds through the City. Howard Minder, 432 East 18th Street, Costa Mesa, repre- senting the FISH organization, asked if the Mayor would explain the gist of the decision by Jack Kemp, Secretary of the Department of Housing and Urban Development (HUD). Mayor Buffa reported that during HUD's investigation of Council Policy No. 100-4, a provision was discovered in the existing Immigration Reform and Control Act which prohibits documented aliens from receiving public assistance in the first five years of the legalization process. The Mayor further reported that Mr. Kemp will not support any attempt to limit the disbursement of services through social programs based on whether or not a person is in this country legally. Considerable discussion ensued on whether or not HUD made a determination that funds would be withheld from the City if original Council Policy No. 100-4 were adopted. Mayor Buffa and Vice Mayor Hornbuckle were convinced that HUD would withhold Community Development Block Grant (CDBG) funds. Motion to Revise A motion was made by Council Member Amburgey, seconded Council Policy by Council Member Glasgow, directing staff to revise No. 100-4 Failed Council Policy No. 100-4 to read that CDBG funds would to Carry be allocated to social programs which, because of their very nature do not attract illegal aliens, those pro- grams being medical, dental, children's programs, etc., OLD BUSINESS TAP Funding and that the City General Funds be used for those programs which normally attract illegal aliens so that HUD interference would be eliminated. Mayor Buffa stated that he would not support the motion because in addition to HUD, indications from INS (Immigration and Naturalization Service), the Attorney General, and Department of Justice, are that they would not support this type of policy. Council Member Amburgey reported that when he and the City's Intergovernmental Relations Officer met with INS officials, there was every indication that INS would support the Council Policy. The motion failed to carry 3-2, Council Members Buffa, Hornbuckle, and Genis voting no. The Clerk presented a request from Council Member Amburgey for a rehearing on funding the Costa Mesa Tourism, Arts, and Promotion (TAP) Corporation. Council Member Amburgey stated that his reason for requesting a rehearing was to allow more time for public input inasmuch as there was a time constraint at the last meeting, and not everyone who wished to speak was able to do so. Lee Heinz,.Executive Director of the Costa Mesa.Chamber of Commerce, 1901 Newport Boulevard, Costa Mesa, read a statement from the Chamber strongly urging Council to support a reasonable level of funding for the TAP Corporation and the Festival of Britain. Alice Leggett, 1088 Salinas Avenue, Costa Mesa, member of the Cultural Arts Committee, spoke about the need for adequate funding in order for the Committee to carry out its primary function as directed by Council, whether the funding be through TAP or directly from the City. Mayor Buffa suggested that the proposal received from the Cultural Arts Committee dated June 26, 1990, be scheduled for a Study Session. David Ekmes, 3470 Wimbledon Way, Costa Mesa, member of the Cultural Arts. Committee, expressed his desire to develop a dynamic arts policy for the City, and sup- ported a direct relationship between the Council and the Committee in formulating both policies and budgets. Mike Chitjian, 1831 Hummingbird Drive, Costa Mesa, President of TAP, commented that Council should consider substantial funding for the TAP Corporation because the City will be the beneficiary of additional revenues derived from the efforts of TAP. In response to questions from Council Member Amburgey, Lori Houghton, Chairperson of the Cultural Arts Commit- tee, reported on partnerships between arts and tourism groups which have been developed in other cities to implement programs, such as the Festival of Britain, to produce additional revenues for the cities. Alice Leggett also reported on these types of partnerships, stating that the models vary in each city and the benefits are outstanding. Council Member Glasgow commented that as the Council liaison on the Cultural Arts Committee, his goal is to increase funding for the arts, and in the event funding 1 were not provided through the TAP Corporation, a full- time director would be desirable, preferably a City employee. The Finance Director answered questions from Council Member Amburgey on the information provided in her memorandum dated June 28, 1990, Reconciliation of 1989- 90 General Fund Reserves - Before and After Gann. RECESS The Mayor declared a recess at 8:25 p.m., and the meet- ing reconvened at 8:40 p.m. Council Member Amburgey summarized his memorandum dated July 2, 1990, regarding the LPGA Tournament which TAP would guarantee so that it can maintain continuity. (A sample budget showing expenses and revenues was included with the memorandum.) Motion to Fund Council Member Amburgey made a motion, seconded by Coun- TAP Failed to cil Member Glasgow, to fund the TAP Corporation in the Carry amount of $1.5 million as he recommended at the meeting of June 18, 1990; and to fund TAP in successive years by increasing the Transient Occupancy Tax (TOT) from 6 percent to 8 percent effective July 1, 1991, and to transfer 4 percent of the TOT to the TAP Corporation. Mayor Buffa stated that he was not prepared to approve a tax increase at this time to fund a tourism and promotion council, and spoke at length on the City's financial status. The Mayor announced that he would attempt to clarify some confusion which exists regarding funding for the Festival of Britain. He emphasized that the $400,000.00 allocated to the Festival at the last Council meeting is for cultural and community events only, not for the retail trade show. Council Member Amburgey commented that the increase in the Transient Occupancy Tax is paid by visitors, not residents. Vice Mayor Hornbuckle mentioned that the hotel/motel people were opposed an increase in TOT; and she opposed using the Redevelopment Agency money to fund TAP. She supported the City's maintaining an adequate reserve for emergency purposes, and finding a way to fund the new positions which were removed from the budget. Council Member Genis wanted data on the revenues gener- ated by the LPGA Tournament when it was held in the City in previous years. She contended that it is not govern- ment's job to be involved in tourism and arts. The motion by Council Member Amburgey failed to carry 3-2, Council Members Buffa, Hornbuckle, and Genis voting no. Mayor Buffa clarified his motion made at the meeting of June 18, 1990: $400,000.00 shall be allocated directly to the Festival of Britain, not through the TAP Corpora- tion, and $25,000.00 shall be allocated to TAP for administrative expenses, the latter being in addition to the previous $20,000.00 loan to TAP. OLD BUSINESS The Clerk presented a report on the establishing a Parks Parks and Parkways and Parkways Commission as recommended by Council Member Commission Genis several months ago. The Deputy City Manager referred to a memorandum from the City Manager dated June 27, 1990, which contains details on forming the proposed commission. He reported that the annual cost would be approximately $5,000.00. Discussion ensued on the number of members that should be appointed to the commission, and whether or not the Fairview Park Committee should remain, since there may be a duplication of effort by both bodies. Vice Mayor Hornbuckle suggested the name of Parks and Recreation Commission. Mayor Buffa commented that he would prefer that "recreation" not be used so that the commission would not become involved in the duties of the Community Services Department. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, was in favor of forming the commission and recommended that all areas of the City be represented. MOTION A motion was made by Council Member Genis, seconded by City Attorney Mayor Buffa, directing the City Attorney to prepare the Directed to necessary ordinance to form a nine -member Parks, Recrea- Prepare Ordinance tion Facilities, and Parkways Commission, and to main - for Nine -Member tain the Fairview Park Committee as a subcommittee to Commission that commission. Vice Mayor Hornbuckle was concerned about having nine members on the commission instead of the usual five; however, she did agree to support the motion since no stipend would be given to the members. Council Member Amburgey opposed the motion because he felt that five members was adequate. The motion carried 3-2, Council Members Amburgey and Glasgow voting no. NEW BUSINESS The Clerk presented from the meeting of June 18, 1990, Arts Funding recommendations from the Cultural Arts Committee for allocation of 1990-91 arts grants. A communication was received from John Feeney, 1154 Dorset Lane, Costa Mesa, requesting that the following clause be included in all of the City's arts grants: "By accepting this grant, the recipient agrees to neither visually nor verbally, deliberately denigrate anyone's race, religion, color, national origin, ances- try, physical handicap, marital status, sex or age". Mayor Buffa announced that this item was continued from the last Council meeting because an issue was raised about a flyer enclosed with South Coast Repertory (SCR) programs which was political in nature, and there was concern that City funds may have been used for political activities. The Mayor reported that David Emmes of SCR assured him that City funds were not used for the flyer. Mayor Buffa stated that a suggestion was made to estab- lish a procedure whereby recipients of cultural arts grants report on how the money was spent, using the same reporting method required by the Cable Television Committee. The Mayor directed the City Attorney to include in the cultural arts contract that there are limitations on how the money can be used, and to add similar language shown in John Feeney's communication. Council Member Genis was uncomfortable with allocating funds to organizations who deal in political activities. She suggested utilizing the Fair Political Practices Commission (FPPC) regulations, and mentioned that engaging in political activities can jeopardize an organization's, nonprofit status. Council Member Genis asked the City Attorney to investi- gate the FPPC rules, and requested that any letters by City committees which support or oppose legislation be reviewed by Council before they are sent out. The City Attorney responded that aside from the issues raised by Council Member Genis, he felt that it would be possible to draft an agreement which specifies exactly the items on which City,money can be spent. Lori Houghton, 236 Costa Mesa Street, Costa Mesa, Chair- person of the Cultural Arts Committee, explained that grant recipients must sign a form specifying how the money is being used, and if there are any changes in the use, the form must be amended. Ms. Houghton answered questions from Council Member Amburgey regarding the committee's budget. John Feeney, 1154 Dorset Lane, Costa Mesa, read a pre- pared statement on reasons why the City should refuse a request for $30,000.00 from SCR. He felt that an organization that endorses religious bigotry should not be producing "community outreach" programs. Alice Leggett, Cultural Arts Committee, commented that the committee has been very careful to specify to grant applicants that the money cannot be used for any religious or political activity. David ErTimes, representing SCR, spoke about the right of SCR to express its opinion, and emphasized that City money was used exclusively for community outreach programs. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, contended that the letter dated June 26, 1990, from Lori Houghton, Chairperson of the Cultural Arts Committee, did not contain enough information on how the money would be spent. He was opposed to hiring a full-time Arts Director at a cost of $35,000.00 per year. Vice Mayor Hornbuckle mentioned that Council is considering the recommendations from the committee only, not the aforementioned letter. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, spoke in opposition to giving SCR $30,000.00. He was of the opinion that SCR should cut back its activities if it cannot work within its own budget. Irene Hajek, 2058 Madison Avenue, Costa Mesa, Vice Chairperson of the Cultural Arts Committee, commented on the need for the arts in the community, and stated that the committee requires an accounting from all recipients on how the grants are spent. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, pointed out that the information provided to Council on how each grant recipient intends to spend the money indicates that SCR is using the funds for "operating costs", not outreach programs. Mayor Buffa strongly opposed SCR's position regarding NEA (National Endowment for the Arts); however, he did not believe he could impose his opinion on SCR. The Mayor insisted that City money not be,used to advance SCR's opinions. MOTION A motion was made by Mayor Buffa, seconded by Vice Mayor Approved Committee Hornbuckle, approving the recommendations from the Recommendations; Cultural Arts Committee to allocate grants totaling Directed Staff to $175,000.00 for fiscal year 1990-91, and directing the Prepare Agreement City Manager and City Attorney to prepare the necessary and Reporting agreement containing language that specifies the limits Procedure the City wants placed on the use of the money, said agreements to accompany disbursement of the grants; and to establish a recipient reporting procedure to account for the manner in which the money was spent. The Mayor also requested that the agreement include language similar to that contained in John Feeney's letter dated July 2, 1990. Council Member Genis clarified that she objected to using tax dollars to promote political opinions; she did not object to an organization having an opinion on an issue. Substitute Motion A substitute motion was made by Council Member Amburgey, to Allocate seconded by Council Member Glasgow, to provide for a $700,000.00 for two-year program: for 1990-91, allocate $258,000.00 Two Years Failed to the Cultural Arts Committee for cultural arts grants, to Carry $35,000.00 for a full-time Arts Director, $1,500.00 for monthly meeting expenses, $1,000.00 for educational awards, $1,000.00 for "State of the Arts" updated brochure, $2,500.00 for meetings and seminars, and $1,000.00 for miscellaneous expense, for a total of $300,000.00; for 1990-92, allocate $358,000.00 for cultural arts grants, and the same additional items as outlined for 1990-91, for a total of $400,000.00. Vice Mayor Hornbuckle stated that she certainly could not support the substitute motion because the items are almost identical to those submitted with the Committee's letter of June 26, 1990, and it was determined earlier that the proposal would be discussed at a Study Session. The Vice Mayor felt that to approve the allocations proposed in the substitute motion would be fiscally irresponsible. The substitute motion failed to carry 3-2, Council Members Buffa, Hornbuckle, and Genis voting no. The original motion by Mayor Buffa carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Motion to Allocate Mayor Buffa made a motion to increase the arts grants by $300,000.00 Per $250,000.00, with $125,000.00 to be distributed in each Year Died for Lack fiscal year of 1990-91 and 1991-92, and funding for of a Second subsequent years to be sustained at $300,000.00. The motion died for lack of a second. Vice Mayor Hornbuckle requested that further considera- tion of cultural arts funding be scheduled for the first available Study Session, preferably not in August since she would not be present at that session. Mayor Buffa agreed that the information submitted with the letter from the Cultural Arts Committee dated June 26, 1990, should be referred to a Study Session. RECESS The Mayor declared a recess at 10:45 p.m., and the meet- ing reconvened at 10:55 p.m. i� 87 NEW BUSINESS The Clerk presented from the meeting of June 18, 1990, Conflict of an ordinance amending the City's Conflict of Interest Interest Code Code, and reports from the City Attorney. The City Attorney summarized Report No. 90-16B dated June 27, 1990, stating that the draft ordinance has substantially the same effect as the proposed measure entitled, "Initiative to Amend the Conflict of Interest Code of the City of Costa Mesa"; however, the ordinance does not contain those portions of the measure which are in conflict with the provisions of the California Political Reform Act of 1974, as amended, and the California and United States Constitutions. The City Attorney reviewed the changes: redefines the defini- tion of "financial interest" of a Council Member and members of commissions and boards appointed by the City Council by law; adds a requirement for a City Attorney opinion on disqualification questions as well as language allowing for participation by a disqualified Council Member in a decision where the law requires it; adds findings of fact to establish the rationale for including family members in the class of persons related to a public official, the key finding being that such family relationship creates an appearance of bias or a conflict of interest. The City Attorney also summarized Report No. 90-16B, Constitutionality of the Proposed Ordinance. During discussion, the City Attorney answered numerous questions from Council on the aforementioned changes. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, spoke in support of the draft ordinance, and suggested that the City adopt regulations limiting campaign contributions. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, was in favor of the proposed ordinance, and agreed with Mr. Sherrick's suggestion of placing limitations on campaign contributions. Roger Blanchard, 1144 Sea Bluff Drive, Costa Mesa, commended Council for placing this matter on the Agenda. Arthur Goddard, 2901 Palau Place, Costa Mesa, suggested changing subparagraph (c) on Page 3 to reflect a one percent financial interest, rather than ten percent. MOTION A motion was made by Council Member Genis, seconded by Ordinance 90-9 Vice Mayor Hornbuckle, to give first reading to Ordi- Given First nance 90-9, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Reading OF COSTA MESA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE, with the following addition: Add a paragraph between the last two paragraphs on Page 1 of the proposed ordinance, "WHEREAS, as further evidence of public apprehension regarding freedom from bias, citizens have publicly deplored the existence of poten- tial conflicts both at City Council meetings and in the press". Council Member Amburgey read a prepared statement on his reasons for supporting the motion. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a Memorandum of Understanding (MOU) MOU with Police between the City and the Costa Mesa Police Association, Association and and a resolution establishing the basic pay schedule for Salary Increase Police Officer, Senior Police Officer, Police Sergeant, Police Lieutenant, Police Helicopter Pilot, and Heli- copter Sergeant. The Personnel Director reviewed his memorandum dated June 27, 1990, pointing out that the MOU is for a two- year period. Council Member Amburgey commended staff and the nego- tiating teams on developing the proposed agreement. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by MOU Approved; Council Member Genis, approving the Memorandum of Under - Resolution 90-60 standing, and adopting Resolution 90-60, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE RATES OF PAY FOR SWORN POLICE CLASSI- FICATIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE. Council Member Amburgey announced that he would oppose the motion only because of the method of applying the 2.5 percent over assigned rate for "Uniform Assignment". He explained his reason for disagreeing with that compensation, and emphasized that he supported the MOU and all other sections of the resolution. Motion to Approve Council discussed some of the other options which were Request Died for addressed in the aforementioned memorandum, and there - Lack of a Second after, a motion was made by Vice Mayor Hornbuckle approving a grant of $4,440.00 to mail the Directory to Costa Mesa residents, and directing the City Manager to find an appropriate source for funding. The motion died for lack of a second. Further discussion ensued regarding other methods of distributing the Directory. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, suggested placing an article in the City's Newsletter announcing that the Directory would be available in libraries and community centers. She also suggested making arrange- ments with the Newport -Mesa Unified School District to place the Directory in the local schools. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Continued to Council Member Genis, and carried 5-0, to continue this July 16, 1990 item to July 16, 1990, in order to obtain additional information on other options and mailing costs. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a request for $4,440.00 from the Request for Funds Child Care Committee to mail the Costa Mesa Child Care from Child Care and Youth Services Directory to residents. Committee The Deputy City Manager referred to the memorandum from the Child Care Committee dated June 25, 1990, in which the recommendation is to mail the Directory to all residents of Costa Mesa. Motion to Approve Council discussed some of the other options which were Request Died for addressed in the aforementioned memorandum, and there - Lack of a Second after, a motion was made by Vice Mayor Hornbuckle approving a grant of $4,440.00 to mail the Directory to Costa Mesa residents, and directing the City Manager to find an appropriate source for funding. The motion died for lack of a second. Further discussion ensued regarding other methods of distributing the Directory. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, suggested placing an article in the City's Newsletter announcing that the Directory would be available in libraries and community centers. She also suggested making arrange- ments with the Newport -Mesa Unified School District to place the Directory in the local schools. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Continued to Council Member Genis, and carried 5-0, to continue this July 16, 1990 item to July 16, 1990, in order to obtain additional information on other options and mailing costs. 6 NEW.BUSINESS The Clerk presented a request from Bruce Joseph of the Request from Festival of Britain, to use the City Seal on promotional Festival of Britain literature and banners being used to promote the non - to Use City Seal profit activities. Mayor Buffa reported that his understanding was that the Festival of Britain wanted to use the Seal along with a "welcome" from the City on the inside cover of promo- tional materials, and on the outdoor banners. Vice Mayor Hornbuckle suggested that there may be a more appropriate way to designate the City than to use the City Seal. Mayor Buffa was of the opinion that the use of the "CM" logo is being requested, not the City Seal. Vice Mayor Hornbuckle suggested having the Festival use something similar to the City's entry sign. MOTION On motion by Mayor Buffa, seconded by Vice Mayor Continued to Hornbuckle, and carried 5-0, this item was continued July 16, 1990 to July 16, 1990, in order to obtain clarification from the Festival of Britain. Council Member Glasgow Left Council Member Glasgow left the meeting at 12:02 a.m. CITY ATTORNEY The City Attorney presented a memorandum from the Risk REPORT Manager dated June 26, 1990, and reported that quota- tions have been received for renewal of the City's Excess Workers' excess Workers' Compensation Insurance coverage for Compensation fiscal year 1990-91. He recommended that Council select Insurance, the quotation from Employers Reinsurance at a cost of $65,000.00 per year which reflects a savings of approxi- mately $30,000.00. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Selected Employers Council Member Amburgey, selecting Employers Reinsurance Reinsurance to provide the City's excess Workers' Compensation insurance for fiscal year 1990-91. The motion carried 4-0, Council Member Glasgow absent. Request for Closed Mayor Buffa announced that a closed session will be held Session at the end of regular business to discuss the McCoy lawsuit, the Harry S. Green contract, and the public nuisance at 900 Arbor Street. CITY ATTORNEY The City Attorney presented the contract with Harry S. REPORT. Green, Incorporated, regarding the Costa Mesa Golf Green Contract/ Course and Country Club. Costa Mesa Golf Course The City Attorney announced that documents distributed to the public for the open session contained confiden- tial memorandums that were to be distributed to Council only. The City Attorney did not believe this incident would harm the City's interests; however, it changed the nature of the closed session in that it would be limited to making a decision -on whether or not to proceed with litigation. Vice Mayor Hornbuckle recalled that the last time this contract was on the Agenda, Council directed staff to meet with the contractor and resolve some of the issues. She was not interested in taking action until a report has been submitted by staff. The City Attorney confirmed that Council directed the City Manager and City Attorney to work out a compromise on the $15,000.00 per year maintenance issue. He reported that documents were received June 28, 1990, and he has not had the opportunity to review them. -83 Council Member Amburgey agreed that this item should be continued until all data is available. He directed staff to send all correspondence to Harry Green via certified -mail to ensure compliance with Council's request. Steven L. Stern, 18200 Von Karman, Suite 200, Irvine, attorney for Harry S. Green, objected to the contract being discussed in closed session and believed that any changes, termination, or performance of the contract should be discussed in open session. Mr. Stern reported on the steps which have been taken to resolve the issue as directed by Council at the meeting of May 21, 1990. He stated that William Charvet, General Manager for Harry S. Green, met with the Community Services Director in an attempt to resolve the "in-kind" maintenance commitment, and he believed that they arrived at a tentative resolution. Mr. Stern reported that this information was hand -carried to the City Attorney on June 28, 1990. William Charvet presented a history of the events which have occurred leading up to Council's direction to staff to negotiate a contract amendment to clarify or elimi- nate the "in-kind" issue. Mr. Charvet mentioned his meeting with the Community Services Director, and reported that he had not been notified that this item would be on the Agenda for public discussion. After considerable discussion to determine a date for further consideration of the contract, a motion was made by Council Member Amburgey to continue this item to July 16, 1990. The motion died for lack of a second. MOTION A motion was made by Council Member Genis, seconded by Continued to Vice Mayor Hornbuckle, continuing this item to August August 20, 1990 20, 1990, and requesting that a representative for Harry Green meet with staff to resolve all issues as soon as possible. The motion carried 4-0, Council Member Glasgow absent. COUNCILMANIC Council Member Genis reiterated Vice Mayor Hornbuckle's COMMENTS earlier request to discuss the matter of reinstating the positions for the Police DUI Unit and Risk Management Staff Increase office Specialist as early as possible. Cable TV Discount Council Member Genis mentioned that senior citizens who are 62 years old or more and are heads of households are eligible for a discount from Copley/Colony Cablevision. Employee Commended Council Member Amburgey related that John Feeney had called him last Friday about graffiti on the walls along Fairview Road between Augusta Street and the 405 Free- way. He stated that he made several calls in an attempt to have the graffiti removed; however, he was advised by the Deputy City Manager that the graffiti had already been removed by a vacationing employee, Gordon Cawthon, who saw the graffiti over the weekend, and at 6:30 this morning, checked out the equipment and removed it. Vice Mayor Hornbuckle suggested that Mr. Cawthon be recommended for Employee of the Month. Neighborhood Pride Vice Mayor Hornbuckle mentioned the Neighborhood Pride Awards Contest Awards Contest that is being sponsored by Mesa Pride, with nominations being accepted between June 1 and July 20, 1990, and winners to be announced in August. She reported that a requirement is to describe in writing a home or neighborhood block to be nominated for an award, and the contact person is Ron Amburgey, 548-7001. Iran Earthquake Mayor Buffa announced that he has received inquiries from people who want to help victims of the recent earthquake in Iran. He stated that the best way to help is to contact the local Red Cross office and contribute through that organization. ADJOURNMENT TO At 12:40 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room, pursuant to Government Code Sections 54956.9(a) and (c), to discuss the following items: Orange County Superior Court Case No. 602309, McCoy vs. City of Costa Mesa; and Abatement of a public nuisance at 900 Arbor Street, Costa Mesa. No action was taken in closed session. ADJOURNMENT The Mayor reconvened the regular meeting at 1:23 a.m., and declared the meeting adjourned at 1:25 a.m. Mayor of the -City ofC Mesa ATTEST: 6 City Clerk of the City of Co to Mesa