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HomeMy WebLinkAbout07/16/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 16, 1990 The City Council of the City of Costa Mesa, California, met in regular session July 16, 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 Robert Ewing, South Coast Christian 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 Don Lamm Public Services Director William Morris Finance Director Susan Temple Personnel Services Director Steve Hayman Assistant to the City Manager Rick Pickering City Clerk Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council July 2, 1990 Member Amburgey, and carried 5-0, the minutes of the regular meeting of July 2, 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. ORAL Harry Sergison, 3122 Barbados, Costa Mesa, spoke about COMMUNICATIONS a towing business operating in an R1 zone across the street from his residence. The Deputy City Manager/ Towing Company Development Services advised Mr. Sergison that the in an Rl Zone operator of this business has a business license to operate the business at another address and continues to drive the vehicle to his residence. The situation will continue to be monitored. Commercial Truck The Mayor requested the Deputy City Manager to investi- Gisler Avenue gate and determine whether the commercial vehicle parking ordinance is being violated by a large flat bed tow truck that is constantly parked on Gisler Avenue. Pool Safety Janice Davidson, 1982 Arnold Avenue, Costa Mesa, displayed a device called a "Kiddie Catch It," and suggested that this pool safety device be considered as a regulation within the City. Sale and Use of Sherrie Neft, 3132 Madeira Avenue, Costa Mesa, addressed Fireworks the Council on the sale and home use of fireworks in the City and referenced her letter of July 6, 1990, regard- ing the banning of fireworks in the City. She requested that her elderly mother and mother-in-law be allowed to speak at the beginning of the meeting as they would.not 1 9., be able to stay long enough to speak when the item is presented. MOTION On motion by Council Member Genis, seconded by Vice Extend Time Mayor Hornbuckle, her request for additional time was extended and carried by a vote of 5-0. Mrs. Neft elaborated further on why she would like to see fireworks banned. MOTION Darrell Neft, 3132 Madeira, Costa Mesa, spoke regarding Allow Additional the banning of fireworks. Vice Mayor Hornbuckle made Remarks a motion to allow remarks from Mr. Neft, seconded by Council Member Genis. Council Member Amburgey opposed the motion since Mr. Neft was not a senior and could address these points later. The motion carried 4-1, Council Member Amburgey voting No. Melva Neft, 3132 Madeira, Costa Mesa, advocates the banning, the sale, and the shooting of fireworks. Lillian Daniels, Bethel Towers, 666 West 19th Street, Costa Mesa, said that fireworks should be banned. Off -Track Ann Briggs, 110 25th Street, Newport Beach, spoke on Betting at behalf of local citizens and the Equestrian Center on Orange County the Fairgrounds, strongly opposing any type of off-track Fairgrounds. betting office or satellite -wagering center on the Fairgrounds and the Equestrian Center. She presented a petition and flier to the Board of Directors of the Orange County Fairgrounds to oppose a gambling site. Mayor Buffa thanked Ms. Briggs for her comments and said that the City has no control over off-track betting or the Master Plan as proposed, and advised her to pre- sent her comments to the Fair Board. Council Member Genis requested that a copy of the flier be forwarded to the Fairgrounds. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 1, letter from Shirley J. Werner; and Item 8(a), contract award to Damon Construction Company. 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 WRITTEN A letter was received from Mr. and Mrs. R. M. Elledge, COMMUNICATIONS 1722 West Iowa Street, Costa Mesa, regarding speed bumps and speed dips. On motion by Vice Mayor Hornbuckle, Speed Bumps and seconded by Council Member Amburgey, and carried 5-0, Dips the letter was referred to the Public Services Director for response. 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: Claim Claim received by the City Clerk: Jeremy Miller. Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning staff: Majid A., Nadir A., License and Samira Shounia, doing business as Quik Korner, 612 Baker Street. Automobiles A letter from Debra Haynes, 943 Dogwood, Costa Mesa, Parked in expressing concern about numerous cars parked in a Driveway driveway at Arbor Street and Monrovia Avenue. WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Warrant Resolution 1472, including Pay - MOTION roll 9014, was approved by the following roll call vote: Warrant 1472 AYES: COUNCIL MEMBERS: -Buffa, Hornbuckle, Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ADMINISTRATIVE ACTIONS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, approval was given to purchase traffic Purchase of Traffic paint from sole source vendor, Pervo Paint Company, 6624 Paint from Pervo Standard Avenue, Los Angeles for $8,398.85. The motion Paint carried 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 Notice of Completion Asbestos Removal and Demolition of Five Residential Frank Garcia, Inc. Structures on Victoria Street has been completed to the satisfaction of the Public Services Director by Frank Asbestos Removal Garcia, Incorporated, 5321 Derry Avenue, Unit A, Agoura and Demolition of Hills. On motion by Vice Mayor Hornbuckle, seconded by Five Residential Council Member Amburgey, the work was accepted; the Structures Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Newport -Costa On motion by Vice Mayor Hornbuckle, seconded by Council Mesa YMCA Funding Member Amburgey, and carried 5-0, the request for $27,000.00 from the Newport -Costa Mesa YMCA Child Care/ MOTION/Referred to Sunshine Company, 2300 University Drive, Newport Beach, Public Service was referred to the Public Service Grants Committee for Grants Committee review and recommendation. Asbestos Removal Bids received for Asbestos Removal and Demolition of 19 and Demolition of Structures on Victoria Street, Project No. V-90-05, are 19 Structures on on file in the Clerk's office. On motion by Vice Mayor Victoria Street Hornbuckle, seconded by Council Member Amburgey, the contract was awarded to William L. Olson, Incorporated, MOTION Post Office Box 3786, Granada Hills, for $169,500.00. Awarded to The motion carried by the following roll call vote: William L. Olson AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff recommended approval of the modified agreement County of Orange with the County of Orange for the Juvenile Court Work for Juvenile Court Program, with an,effective date of July 1, 1990. On Work Program motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the agreement was approved, and the MOTION Mayor was authorized to sign on behalf of the City. Agreement Approved 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 Final Map for The Final Map was presented for Tract No. 14251, Jim Tract 14251 Westoff, developer, 2 Corporate Park, Suite 202, Irvine; Westoff 1 lot, 0.38-acre,.located at 165 Mesa Drive, for condo- minium purposes. On motion by Vice Mayor Hornbuckle, MOTION _ seconded by Council Member Amburgey, the map was Map Approved approved; Council did accept on behalf of the City the easement for emergency and security vehicle purposes over Lot 1; did also approve subject map pursuant to provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; and the Clerk was authorized to sign the map 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 Ice Cream Vendors Item 1 on the Consent Calendar was presented: Letter from Shirley J. Werner, regarding investigation of ice cream vendors. Council Member Amburgey said that some cities, Orange in particular, have an ordinance prohibiting vending machine -type push carts on public sidewalks or streets, and requested that an ordinance be drafted. Vice Mayor Hornbuckle suggested having this item come back with additional data from staff regarding regula- tion of push carts before proceeding with an ordinance. In reply to a question, the City Attorney stated that direction to prepare a report is within the scope of the agenda; however, to take further action would not be within the scope. MOTION On motion by Council Member Amburgey, seconded by Coun- Directed City cil Member Glasgow, and carried 5-0, this item was Attorney to Draft referred to the City Attorney for an ordinance prohibit - ordinance ing push carts on public streets or sidewalks. 1989-90 Measure Item 8(a) on the Consent Calendar was presented: "C" Sidewalks Contract for 1989-90 "Measure C" New Sidewalk Construc- tion, Project No. 90-05. Sid Soffer, 900 Arbor Street, Costa Mesa, pointed out that a sizeable amount of "Measure C" funds are being used as allocated. In answer to a question from Council Member Genis, the City Manager indicated that Measure "C" was written with a maintenance provision, and the City has complied with that for the four fiscal years that Measure "C" funds were in effect. There are some remaining funds of which this contract is a part of, along with funds for the corning budget year. Some of these funds have been incorporated with other projects, the Victoria Street MOTION Widening, being the most prominent. On motion by Vice Awarded to Damon Mayor Hornbuckle, seconded by Mayor Buffa, the contract Construction was awarded to Damon Construction Company in the amount of $599,853.27. 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 PUBLIC HEARING The Mayor announced that a request for continuance had PA -88-132 been received regarding PA -88-132, which is on the Henry 'N Harry's agenda scheduled for public hearing, and the Council Goat Hill Tavern should determine if the public hearing would be held or continued, so that people in the audience would know whether or not to stay for that hearing. The item was read by the Clerk. The City Attorney said that on Friday, the Superior Court denied the petition for writ of mandate filed by Mr. Ziemer, and up to that point, they were operating under the protection of the stay order of the Superior Court. As of that point, they do not have a conditional use permit. It has been long-standing practice for the City to stay enforcement of the zoning provisions when a conditional use permit is being processed. The City Attorney explained that the last set of condi- tions that the City imposed, which were thought to address nuisance activities, were stayed by the Court, and the operation returned to the pre -period, which was ordinary hours and ordinary business, in effect, operat- ing without the conditions imposed by Council. In answer to a question by Council Member Genis, the City Attorney replied that the City was treating this use permit as if it was not the subject of a lawsuit, and the hours of operation were as those prior to the last permit. Council Member Genis was opposed to continuance because it has gone on a long time already, and the people who live nearby need consideration. Alan Burns, attorney for the applicant, Robert Ziemer, said that if the Council were going to take the position that more restrictive hours were going to apply, he would prefer to go ahead with the hearing as scheduled rather than have the matter continued. Council Member Amburgey said that Vice Mayor Hornbuckle was going to be absent from the meeting scheduled in two weeks, and asked if Council thought it would be necessary to continue the hearing for 30 days, or for 2 weeks. Mayor Buffa.said that he would like to hear the item as scheduled, and he could only support continuance if the hour restriction that passed, were to be in operation. Vice Mayor Hornbuckle concurred with the Mayor. There being no motion, the Mayor announced that PA -88-132 would be -heard in the order scheduled on the agenda. PUBLIC HEARING The Clerk announced that this was the time and place 1989-90 Weed set for the public hearing to consider the report of Abatement Program the Fire Chief or his designee concerning the 1989-90 Weed Abatement Program. Notice of Public Hearing was posted as required by law. No communications were received. The City Manager stated that this is the resolution adopting the assessments for the yearly weed and rubbish removal, totaling $2,615.76. There being no speakers, the Mayor closed the public MOTION hearing. On motion by Vice Mayor Hornbuckle, seconded Resolution 90-61 by Council Member Amburgey, Resolution 90-61, A RESOLU- Adopted TION OF THE CITY COUNCIL OF THE.CITY OF COSTA MESA, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT OF THE FIRE CHIEF OR HIS DESIGNEE, SHOWING THE COST OF REMOVING THE RUBBISH AND WEEDS AND REFUSE OR DIRT ON OR IN FRONT 11 OF EACH SEPARATE PARCEL OF LAND IN THE CITY OF COSTA MESA, 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 Clerk announced.that this was the time and place PA -90-68 Appeal set for the public hearing for Appeal of the Planning Herrick/Lloyd Commission's denial of Planning Action PA -90-68, from Myles Development J. Paul Herrick, 2446 Elden Avenue, A-1, Costa Mesa, authorized agent for Lloyd Myles Development, 2721 East Coast Highway, Suite 206, Corona Del Mar, for a Variance from minimum lot width requirements (50 feet required; 42.50 feet proposed) for a proposed future lot -split into two lots located at 2084 and 2086 Orange Avenue in an R1 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 outlined the applicant's request to allow a variance for a split or subdivision of a single parcel on Orange Avenue into two lots. The existing parcel can be subdivided two ways to create two lots with one house in the front and one in the rear, both complying with current codes; or, as the applicant has requested, to allow subdivision side-by-side. In this case, two lots would be created, neither of which would meet the minimum 50 -foot width required; each lot is 42.5 feet, but adding in the depth of the lot, still reaches the minimum square R1 zone footage required of 6,000 square feet. The proposal was considered by the Planning Commission, and they concurred with staff's recommendation for denial. Paul Herrick, 2446 Elden Avenue, Costa Mesa, said that he and Tom Burger, Bryde Burger Architectural Firm, were present to appeal the denial by the Planning Commission. Tom Burger, 17752 Mitchell, Irvine, addressed the Council. It is his opinion that the two side-by-side units design creates a favorable single family neighbor- hood image, avoiding the impression of a rental unit to the rear of a residence, and the legal complications for a long -paved driveway for the rear unit. It also would allow the preservation of a large, existing tree that benefits the neighborhood. With the elimination of the long driveway to the rear unit, 54 percent open space instead of 40 percent will be provided, resulting in a 35 percent increase over the open space, in exchange for a 15 percent decrease in lot width. The applicant agreed to all conditions if the application were approved. Steve Ready, 2080 Orange Avenue, Costa Mesa, presented a petition in favor of the application from Terry Statum, 2094 Orange Avenue, signed by William B. Anderson, Klara E. Anderson, and Greg Benoit, residents of Orange Avenue. Steve Reardon, 213 East 21 Street, Costa Mesa, opposed the redevelopment. His lot faces the southeast, and the area is too crowded now. He has spoken to several neighbors who did not want the application approved. Mayor Buffa reminded Mr. Reardon that with or without the variance two single family homes are permitted. Sid Soffer, 900 Arbor Street, Costa Mesa, mentioned that the staff report points out the special circumstances . 96. where it is a better looking project to have two side- by-side homes than one back-to-back. Paul Herrick, 2446 Elden Avenue, Costa Mesa, feels that Plan 1, side-by-side, would benefit his neighbor- hood, versus Plan 2, front and rear. MOTION The Mayor closed the public hearing. On motion by Coun- Denial of cil Member Amburgey, seconded by Council Member Glasgow, PA -90-68 Upheld and carried 4-1, Mayor Buffa voting no, the Planning Commission's decision for denial of PA -90-68 was upheld. Mayor Buffa said that he opposed the motion because the side-by-side version increased the open space and would be a better plan for the neighborhood. PUBLIC HEARING The City Clerk announced that this was the time and Appeal place set for the public hearing for an application Simmons -Singleton to appeal the decision of the City Manager's staff from Pamela Simmons -Singleton, 838 Pine Place, to allow a second driveway for an R1 structure. The Assistant to the City Manager said that the City originally approved the building permit to construct a 400 -foot garage with appropriate setbacks, both front yard and side yard.. The garage was built, and the contractor attempted to obtain a permit from the City for the curb cut. An inspector discovered an existing curb cut and driveway at the side of the property. Due to administrative policy for driveways in R1 zones, the permit for a second driveway curb cut was denied. Denial was based on (a) the site plan did not identify the existing carport structure or driveway; (b) misrepre- sented the front property line, causing the garage to encroach 8 feet into the required 20 -foot setback; and (c) failed to identify easements. The Assistant said that one option was to simply remove the existing driveway back to the ten -foot easement. Another option would be to take the garage which is now constructed and apply for a variance through the Plan- ning Commission. The third option would be to file an administrative appeal to.the City Council regarding the driveways, and file a variance to the Planning Commission in order to allow the garage to exist at substandard setbacks. Staff recommends that the use of the garage structure itself be heard by the Planning Commission level first. Council Member Glasgow questioned whether there is a regulation stipulating only one driveway and was advised by the Public Services Director that all R1 single- family lots are required to have only one driveway. In answer to a question by Mayor Buffa whether a circu- lar driveway would be considered two driveways, the Public Services Director advised that it is two drive- ways and most likely would be done on a custom home by plan, and would go to the Planning Commission and/or the City Council for approval. Further discussion ensued and Council Member Amburgey asked questions regarding the existing driveway between the two residences that were being shared. Council Member Genis asked that a memorandum be directed to staff to remind them that property lines seldom begin at the street curb. 99, Terry Singleton, 838 Pine Place, Costa Mesa, stated that his contractor, Mr. Rudy Johncola, presented a site plan and received permission from the City's Building Depart- ment to construct a garage. On the second day of construction the curb was cut. Construction proceeded and there were numerous inspections until the time that a Building Inspector observed the curb without a curb - cut permit. He submitted photos and addresses of nine houses with two driveways within�a three -block distance of his home. He also submitted a sheet of instructions to the contractor and said that nothing was mentioned about needing a permit to install the driveway. Rudy Johncola, Lawson Lane, Huntington Beach, contractor of the garage, said that he followed the instructions that were given to him by the City and was told that getting the permit was a one-stop process, and it was complete. There were numerous inspections by the City. MOTION On motion by Council Member Genis, seconded by Council Additional Time Member Glasgow, and carried 4-1, Council Member Amburgey Granted voting no, additional time was granted to Mr. Johncola. Mr. Johncola said that there was no intent to mislead or deceive anyone, and he answered questions about the plot plan. He said that he had been in the construction business since 1956, has had a general contractor's license for 3 years, and this was his first experience in taking out permits in Costa Mesa. Pamela Simmons -Singleton, 838 Pine Place, said that she and her husband hired Mr. Johncola, checked and found his contractor's license to be in order. She asked the Council to help with the problem being heard. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if a policy is enforceable as a law. The City Attorney said that a long-standing administrative practice would be enforced the same as a law. No one else desiring to speak, the Mayor closed the public hearing. Council Member Amburgey said that it appears that the general contractor has misrepresented the plot plan drawing, and that the contractor should have known about the easement, about the setback requirements, and the Public Sevices permit required for a curb -cut. In this situation, it is unique in that by allowing a second driveway, the result will be only two driveways for two residences. He said that in this area of a very short cul-de-sac street he would find it acceptable to grant the curb cut for a driveway, and encourage the property owners to delay further construction until the variance has been heard. Motion A motion was made to allow the curb cut by Council Failed Member Amburgey, seconded by Council Member Glasgow, and failed to carry, Council Members Hornbuckle, Genis, and Buffa voting no. Council Member Genis asked would we normally be re- questing a sidewalk in conjunction with a variance, and that if we had the sidewalk, it probably could have solved some problems. In answer to a question from Vice Mayor Hornbuckle, the Mayor said that the advice given to the applicant was Luu to delay further construction at the site until the Planning Commission has heard the variance. Council Member Amburgey directed whichever staff is appropriate, City Attorney, Director of Development Services, or Director of Public Services, to send a copy of the summary of the minutes and the staff reports to the Department of Consumer Affairs indicating Mr. Johncola's license number because some of his actions may have been inappropriate. The Mayor requested that'an accurate plot plan be brought back when the item is heard at Council level again, to show proper easement lines and driveway placement. MOTION On motion by Council Member Genis, seconded by Vice Appeal Mayor Hornbuckle, and carried, the application was Continued continued to the first Council meeting after the vari- ance has been heard by the Planning Commission. Recess The Mayor declared a recess at 9:05 p.m., and the meet— ing reconvened at 9:20 p.m. PUBLIC HEARING The Clerk announced that this was the time and place GP -90-02B set for the public hearing, continued from the meeting and R-90-05 of July 2, 1990, for Thomas C. O'Neil, et al, 389 Ralcam O'Neil, et al Place, Costa Mesa, for property at that address: General Plan Amendment GP -90-02B to change the Land Use Designation from Low Density Residential to Medium Density Residential, and Rezone Petition R-90-05, to change the zoning from Rl to R2. The Deputy City Manager/Development Services presented a petition from 16 property owners in favor of the rezone to R-2, and he explained Options 1 and 2: Option 1: keeping properties as is now, in low density designa- tion; and Option 2: being the Medium Density Designation. Both options can work from a physical standpoint. The lots are large enough to either maintain a single family unit on each lot, or in the R2, most of the lots would be allowed 2 units per parcel. There currently exists on the block 3 properties that already have 2 units each. Planning Commission recommended denial. Thomas C. O'Neil, 389 Ralcam Place, stated that in the surrounding area, it is all R2, R3, and commercial property. As far as Rl comparison, Ralcam is unique not only in the size of the lots being much larger, ranging from 6,800 to as much as 14,000 square feet, but also there are 3 properties that are multi -units, 2 of which have 3 units, and 1 has 2 units. Larry Melcher, 386 Ralcam Place, indicated that he bought property as R2 in approximately 1965. A couple of years later, it was rezoned as hospital accessory land and changed from R2 to R1. Mr. Melcher advised that he has been running a business out of his home and has a permit. He also noted that he inquired about a garage apartment and was advised it was not possible. He felt that by going back to R2, there would be a chance that he can do what he wanted to do several years ago with his property. Charles Harris, 399 Ralcam Place, has two buildings on his property and spoke to his tenants regarding increas- ing the houses in the area. They were in agreement with the idea of being able to buy a small house on a smaller piece of property. In answer to a question by Council Member Genis, the Deputy City Manager/Development Services advised the R2 zoning would not allow subdivision of the lot unless each new lot had at least 6,000 square feet, and that any over 12,000, possibly one or two in the cul-de-sac, could be done under the existing R1 zoning. It would allow more than one unit per.lot under an R2 zone versus the R1. John Jacobson, 396 Ralcam Place, stated that he is in favor of changing the zoning to R2 and that it will be in line with the rest of the area. Fred Guibault, 358 Ralcam Place, has lived on Ralcam for 18 years, and is in favor of R2 zoning. Betty Jameson -Richardson, 362 Ralcam Place, Costa Mesa, pointed out that this is definitely a multi -unit area, and feels that the R2 zoning should be granted. Jay Humphrey, 1620 Sandalwood, Costa Mesa, spoke in opposition to up zoning most properties in the City, and suggested that it may be more appropriate to be done along with the General Plan revision. There being no further speakers, the Mayor closed the public hearing. Vice Mayor Hornbuckle was reluctant to convert to R2 zoning and feels that this cul-de-sac location is ideal for single family homes. Mayor Buffa wondered if it would be possible to include this item in the General Plan at this point, and the Deputy City Manager/Development Services advised that the EIR process is far along and it had been considered previously when staff reviewed the different land use areas. The Planning Division did not propose it, and the Planning Commission did not consider it either. Council Member Genis questioned whether the setbacks for R2 differ significantly from Rl regarding an accessory apartment. The Deputy City Manager/Development Services advised that it would be the same requirement for an accessory, be it an R2 or R3 zone. It would probably necessitate a variance to keep a 10 -foot driveway. Motion A motion was made by Vice Mayor Hornbuckle, seconded by Failed Council Member Genis, to deny General Plan Amendment GP -90-02B, and deny Rezone Petition R-90-05. The motion failed to carry 3-2, Mayor Buffa and Council Members Amburgey and Glasgow voting no. Council Member Amburgey opposed the motion because rezoning to R2 would not impact the surrounding areas and would be compatible with the existing areas. Council Member Genis expressed concern for the residents at the corners of Ralcam Place and Thurin Street since they are not a part of the rezone, and they would not retain their integrity as a single-family area. .02 Vice Mayor Hornbuckle stated that due to the fact that this is predominantly single family residences and owner occupied, it does not make sense to rezone. Council Member Amburgey pointed out that the Council's responsibility is to accommodate the community as long as it doesn't create an impact on the surrounding area; and, therefore, he supported the R2 zoning. Council Member Glasgow commented that owners should be able to do what they want to their property, as long as it does not have a'negative impact on other areas. He feels that it has been established that the majority of these owners want to have their property rezoned to R2. MOTION A motion was made by Council Member Glasgow, seconded Adopted Negative by Council Member Amburgey, to approve the Negative Declaration and Declaration; and Resolution 90-62, A RESOLUTION -OF THE Resolution 90-62; CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 90-10 ADOPTING GENERAL PLAN AMENDMENT GP -90-02B, AMENDING Given First THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted; Reading and Ordinance 90-10, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 358 THROUGH 399 RALCAM PLACE FROM Rl to R2, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle, Genis ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place PA -88-132 set for the public hearing continued from July 2, 1990, Ziemer - Henry 'N for Planning Action PA -88-132, Robert R. "Zeb" Ziemer, Harry's Goat Hill for renewal of a previously. approved Conditional Use Tavern Permit for expansion of an existing bar within 200 feet of residentially zoned property, with a variance from parking requirements at 1832 Newport Boulevard, in a C2 zone. Environmental Determination: Exempt. The affidavit of mailing is on file in the Clerk's office. Earlier in the meeting, the letter was dis- cussed from the applicant's attorney, Alan R. Burns, which asked for continuance. It was decided at that time to proceed as scheduled on the agenda. The Deputy City Manager/Development Services explained that PA -88-132 was originally approved in 1988, valid for six months, and expired in March, 1989. Subsequent renewals were approved, and on June 5, 1990, the use permit expired. Violation of the occupancy load was discovered upon inspection by the Fire Marshal, and the hours of operation imposed by the City were not enforced due to a court order. The Mayor opened the public hearing, and Captain Johnson of the Costa Mesa Police Department spoke regarding the log record of calls made to the Police Department for service. Fire Marshal Tom McDuff told the Council that he had visited the tavern because of complaints by citizens about the occupancy load and problems with the exits. Citations were issued for over -occupancy loads. There were violations of both local fire codes and the State Fire Marshal regulations. Citations were issued for two exit doors that had been made inoperable. Sergeant Jerry Holloway of the Costa Mesa Police Depart- ment was questioned by members of the City Council regarding the number of incidents requiring assistance of the Police Department. L� 3 Attorney Alan R. Burns addressed the Council saying that substantial steps had been taken by his client, Mr. Ziemer, to control litter in the area and also noise and problems with the residents. Richard Sewell, 136 Rochester Street, Costa Mesa, said that problems caused by the Goat Hill Tavern were affect- ing him financially, as he has and is losing tenants over the noise generated by the tavern patrons. He is planning to soundproof and install air conditioning to make living conditions better for the tenants living in his units. MOTION On motion by Council Member Glasgow, seconded by Vice Time Extended Mayor Hornbuckle, and carried, 4-1, Council Member Amburgey voting no, a two -minute extension of time to ,speak was granted to Mr. Sewell. Mr. Sewell concluded his remarks by saying that the problems caused by the tavern had gotten totally out of control, and asked the Council to help. Sheila Ward, 122 Magnolia Street, Apartment D, Costa Mesa, spoke about the noise and fights in the parking lot with no security there, and uncontrolled problems. Mark Waks, occupant of building at 1822 Newport Boule- vard, said that his business was not open at night, so he was not affected by the noise, but was affected in other detrimental ways in the operation of his business and the well-being of his employees and customers. He does not operate at night because of insuff icent parking spaces, people wandering in to use his restroom, intoxi- cated people intimidating people in his business place, vomit in the entranceway to his business, urine and feces in the parking lot. He expressed concern at the lack of consideration of Mr. Ziemer. J. C. Humphries, 1835 Newport Boulevard, owner of 1822 and 1804 Newport Boulevard, said that he was the land- lord of the tavern and he and his tenant had discussed whether this address was the proper location for this business before the last lease was signed. He said that the area. was being upgraded and to allow this problem to continue was unacceptable. Peter Maxson, Omar's Gallery, 1812 Newport Boulevard, cited reasons that the tavern was not compatible with the nearby businesses. Dominic Raciti, 290 Victoria Street, Costa Mesa, said that he had an interest in the block being discussed by the Council and said that it was a bad situation there, and he would like it cleaned up or moved to another area, possibly industrial. Gary Monihan, employee of Henry 'N Harry's Goat Hill Tavern, said that they have hired another security company that is an improvement over the previous secur- ity. They also have daily clean-up janitors. He answered questions of the Council. Sid Soffer, 940 Arbor Street, Costa Mesa, suggested that panic hardware be installed on the tavern door so that an alarm will ring if the door were opened for other than an emergency. a Jill Bennett, 122 Magnolia Street, Costa Mesa, said that she was going to move her residence, because she needs sleep uninterrupted by noise, and the disturbances are loud and violent. Robert Ziemer, 258 East 20th Street, Costa Mesa, was questioned by the Council on the missing security from the parking lot during the month of June. He also said that one of the building exits had a crash bar and battery alarm. Mr. Ziemer submitted photographs of medical personnel removing a nearby resident for medical atten- tion taken on December 20 or 21, and said that it was concerning discrepencies in Sheila Ward's diary. He said that he had talked to several of his neighbors and they had signed a.petition, not knowing what it was about. Mr. Ziemer said that he owns the building and is the landlord of the adjoining bar, the Helm, but has no power over the management of the business. The Council found the photographs submitted by Mr. Ziemer offensive, as it was a resident's personal busi- ness, and there was no correlation of the time taken. Sheila Ward, said that when her diary was submitted, there were some printing errors, which were verbally corrected in December, and she found that being watched by other people a gross invasion of privacy. Gabriel Elliott of the Costa Mesa Planning Division, answered questions regarding his extensive staff report dated July 11, 1990. No one else desiring to speak, the Mayor closed the CITY ATTORNEY The City Attorney reported that pursuant to action taken REPORT by City Council in closed session, the results in the McCoy vs. City of Costa Mesa case, by a vote of 3-2, the MOTIONS City Attorney was authorized to effect an appeal; as to McCoy Lawsuit and the closed session concerning 900 Arbor Street, the City 900 Arbor Street Attorney was authorized to initiate litigation, by a vote of 4-1. 1 public hearing. Recess The Mayor declared a recess at 11:10 p.m., and the meeting reconvened at 11:25 p.m. The Deputy City Manager answered questions of the Council regarding the Vehicle Parking District in connection with the tavern under discussion. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council PA -88-132 Member Genis, and carried, 4-1, Council Member Amburgey Denied voting no, renewal of the conditional use permit for Planning Action PA -88-132 was denied based on the find- ings and the analysis of the staff reports and the written and oral testimony. CLOSED SESSION The City Attorney announced the closed session at Pending Litigation 11:50 p.m. to follow pursuant to Government Code McCoy Section 54956.9, regarding the pending litigation of McCoy vs. City of Costa Mesa, and also the issue of an 900 Arbor Street abatement of a public nuisance at 900 Arbor Street. Council Member Council Member Glasgow left the meeting after the closed Glasgow Leaves session at 12:18 a.m. Reconvene The meeting reconvened from the closed session at 12:20 a.m. CITY ATTORNEY The City Attorney reported that pursuant to action taken REPORT by City Council in closed session, the results in the McCoy vs. City of Costa Mesa case, by a vote of 3-2, the MOTIONS City Attorney was authorized to effect an appeal; as to McCoy Lawsuit and the closed session concerning 900 Arbor Street, the City 900 Arbor Street Attorney was authorized to initiate litigation, by a vote of 4-1. 1 Former Mayors Mayor Buffa acknowledged the presence of two former Present Mayors, Arlene Schafer and Dom Raciti. Meritless Claims The City Attorney, at the request of Council Member Amburgey at the meeting of June 16, 1990, outlined his memorandum of July 9, 1990, regarding Meritless Claims. Cultural Arts The City Attorney presented an addendum to the agreement Grants for cultural arts grants, pursuant to the July 2, 1990, Addendum meeting. City Council had directed that the agreement prohibit use of grant monies for political purposes, and the Mayor also requested that this office address lan- guage proposed by Mr. John Feeney. The addendum expressly prohibits the use of grants for religious and political purposes, as well as obscene matters as defined in the California Penal Code, Sec- tions 311-312.5. The City Attorney indicated that the addendum is quite simple; any determination as to whether a matter is considered obscene, is a matter for the courts to decide. The addendum to the agreement provides for termination and restitution of grant monies. Failure to comply with terms of the agreement is grounds for denying a future application for cultural grants. The language in the Feeney letter used the word "denigrate." That language was found to be vague under the case of the American Booksellers, and based on those distinctions, it was decided the language in the Feeney letter was inappro- priate for the agreement. In correlation with the right to condition the grant of monies is the right to prohibit or to deny the grant of monies, and the supple- mental report so stated. Irene Hajak, 3058 Madison Avenue, Costa Mesa, Vice Chairman, Cultural Arts Advisory Committee, addressed Council Member Genis' comments in that the Cultural Arts Committee carefully reviews use of grant monies and it has never been used for anything other than what was requested. She commented that denigration is a matter of interpretation. Randy Pesqueira, 280-B 16th Place, Costa Mesa, represent- ing the Orange County Committee of the Long Beach/Orange County Coalition for the Freedom of Expression, was mostly concerned with censorship, and feels there is no one public mind, and no such thing as obscene art. He urged reconsideration of this legislation. Council Member Genis clarified that the City is not placing restrictions on anyone who does not use City funding and is not considering any restrictions except for those that relate to what use is made of City funds. Rebecca Jurado, Staff Attorney, ACLU Foundation, 633 South Shatto Place, Los Angeles, expressed concern over the proposal to place restriction on arts funding. Her organization was very pleased with the report issued by the City Attorney. She commented that the Addendum is the most conservative and her organization has concerns as to whether the language is necessary, and feels we all have a responsibility as to where the funding comes from, not to violate the penal code section, and ques- tioned whether it is necessary to have artists make that pledge. She expressed concern that a violation of the grant terms shall constitute just cause for the City to deny a future application for the grant of monies, and MOTION Addendum Approved has concerns because past conduct, and not future possi- bilities and future expression, would be the basis for denial of artistic expression. Martin Benson, South Coast Repertory, feels that the arts are a very humanistic enterprise, and is sure that the City would not purposely set out to denigrate anyone based on race, color, etc., and that Council in no way intends actual censorship. He encouraged the Council to reconsider this particular document and if it does apply entirely to the legal code, he has very little problem with it. John Feeney, 1154 Dorset Lane, Costa Mesa, commented that he has never attended South Coast Repertory, and raised the issue because of SCR's flier giving their whole -hearted endorsement to continue unrestricted, unchanged funding for the National Endowment for the Arts. He is in favor of censorship in certain cases and of withholding government money. Michael Carr, 280 East 16th Place, Costa Mesa, spoke about a problem regarding the restrictions on the fund- ing. As a resident, he wants to have a say as to how his tax dollars are spent. He believes that art is a reflection of society; and if one particular expression is stifled, viewpoints are being cut off that others should be exposed to. Sid Soffer, 900 Arbor Street, said that we have the right to free speech as set out by the Constitution but would limit that in certain areas, such as the burning of the flag. Vice Mayor Hornbuckle said that the California Political Reform Act prohibits the use of public funds for politi- cal campaigns, and the California Constitution prohibits the use of government funds promoting religious activity, and if the prohibition of obscene matters is consistant with California law, it should not be a problem includ- ing this to the addendum for the grants. On motion by Vice Mayor Hornbuckle, seconded by Mayor Buffa, and carried 4-0, Council Member Glasgow absent, the Cultural Arts Grants addendum was approved. Vice Mayor asked that it be absolutely clear that paragraph D2 refers to obscene matters as referred to in the California Penal Code and as defined by the courts. City Motto and In answer to a question posed by Council Member Genis Slogan discussion was held regarding the City's motto, "Hub of the Harbor Area", and how the City adopted the slogan, "City of the Arts", which was approved by Council on August 20, 1984. . Council Member Genis mentioned that there were guide - Guidelines for lines on what basis. the arts funds were to be granted, Arts Funds Grants and she would like the Council to review them at a future study session because there is the possibility that they could be incorporated in the administrative regulations pertaining to employee harassment. OLD BUSINESS The Clerk presented the business item for financing Fire Station No. 6; alternative for new Fire Station No. 6, Senior Citizen Senior Citizen Recreation Center, and Victoria Street Construction. Center; Victoria Street The City Manager mentioned the staff report dated July 12, 1990, regarding the proposed financing. The Finance Director stated that the Deputy Treasurer was present 1 together with Rod Gunn, who is the City's financial consultant for this issue. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, commented about the low rate of interest on the $14 million bond issue, and asked where the revenue is going to come from to repay this money. The Finance Director said that it would come from the City's General Fund, and that the debt charges appeared to be right. MOTION Upon motion by Council Member Amburgey, seconded by Vice Proceed with Lease Mayor Hornbuckle, staff was directed to proceed with the Revenue Bonds Lease Revenue Bonds with the Council acting as the financing authority; approved the preliminary use of the Golf Courses as the pledged asset, and use only one course provided value is substantiated by appraisal; and the City Manager was directed to enter into appraisal agreements, not to exceed $15,000.00, to verify value of pledged asset. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow OLD BUSINESS The Clerk announced Old Business item No. 2, Ordinance Ordinance 90-9 No. 90-9, Conflict of Interest, and New Business item Conflict of Interest No. 3, Campaign Contribution/Disclosure Report, at the request of the Mayor in order to combine the discussion NEW BUSINESS to save time. After explanation by the City Attorney, Campaign regarding the campaign contribution report, he said that Contributions the Council had the choice to amend Ordinance 90-9, or adopt a Resolution to place the matter on the ballot for the November 6, 1990, election. Sid Soffer, 900 Arbor Street, Costa Mesa, would like to see no conflict of interest or no bias contained in the ordinance. Jay Humphrey, 1620 Sandalwood, Costa Mesa, suggested to the Council that second reading of the ordinance be accomplished and then adopt another ordinance to amend the first. He recommended that the second ordinance limit the ability to vote relative to the size of the campaign contribution so that any appearance of impro- priety is avoided. MOTION After discussion, upon motion by Council Member Genis, Ordinance 90-9 seconded by Council Member Amburgey, Ordinance 90-9, AN Adopted ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Council Member Genis made a motion to put into effect now and also put it on the ballot for confirmation by the voters, Mr. Blanchard's language about financial interest and also include in campaign contributions of $500.00 or more in the 12 -month interval prior to the Motion decision involving the contributor; and add the language Died that we have or add a similar provision that we have in the section of the State law that no contributions shall be accepted in the three months following the date of the decision. The motion died for lack of a second. On motion by Mayor Buffa, seconded by Council Member Genis, the City Attorney was directed to prepare the language for a ballot initiative based upon the language in Mr. Blanchard's letter, which cites the institution of a conflict of interest ordinance dealing with con- tributors of $500.00 or more in a 12 -month period not to solicit or accept contributions for 3 months after a MOTION particular vote is taken, and Resolution 90-63, A Resolution 90-63 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, SUBMITTING A PROPOSED MEASURE TO THE SUPERVISORS OF THE COUNTY OF ORANGE FOR THE BALLOT OF THE GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 6, 1990, WITH THE STATEWIDE 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, NOES: COUNCIL MEMBERS: Amburgey, Genis ABSENT: COUNCIL MEMBERS: Glasgow OLD BUSINESS The Clerk presented a request, continued from the meet - Festival of ing of July 2, 1990, from Festival of Britain for use of Britain Request the City Seal on publicity material. The Mayor said to Use City Seal that there was a misunderstanding, and the Festival of Britain was not making a request to use the City Seal. They will be preparing a large amount of printed materials and they used the City logo, which does not require Council approval. They will be preparing promo- tional banners that will be distributed throughout the city. Sid Soffer, 900 Arbor Street, Costa Mesa, said that he would be against anyone using the City Seal for anything other than the City. MOTION On motion by Mayor Buffa, seconded by Vice Mayor Costa Mesa Welcome Hornbuckle, and carried 3-1, Council Member Amburgey Sign Use Approved voting no and Council Member Glasgow absent, the request to use the City Seal was not approved, and the City Manager was instructed to communicate to the Festival of Britain that they are welcome to use the graphics on the Costa Mesa Welcome Sign with shield and the seagulls. Recess The Mayor declared a recess at 2:15 a.m., and the meet- ing reconvened at 2:25 a.m. OLD BUSINESS The Clerk presented, continued from the meeting of July Child Care 2, 1990, request for $4,400.00 from the Child Care Committee Committee to mail Costa Mesa Child Care and Youth Services Directory to residents. On motion by Vice MOTION Mayor Hornbuckle, seconded by Council Member Genis, Option 2 Option 2 was approved, to include the Directory with the Approved mailing of the Community Services Recreation Brochure at a cost of approximately $1,320.00 by the following roll call vote: - . AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Jay Humphrey, 1620 Sandalwood, Costa Mesa, asked a ques- tion regarding the brochure. NEW BUSINESS The Clerk presented the request for use of 1898 Newport Triangle Square Boulevard, southeast corner of Newport Boulevard and Joint Venture 19th Street, as a material and equipment storage loca- Storage tion during construction of the Triangle Square project. Agreement Environmental Determination: Exempt. The City Manager i0 Dick Sherrick, 3146 Country Club Drive, Costa Mesa, and Jay Humphrey, 1620 Sandalwood, Costa Mesa, spoke in opposition to approving the request. Council Member Genis said that this was not what arts grants were for, it's not to provide something for an elite group, it is to benefit society at large. She read a proclamation in opposition and passed out sponge cake Twinkies to Council. . Council Member Amburgey left the meeting at 2:38 a.m. MOTION On motion by Council Member Genis, seconded by Vice Request Denied Mayor Hornbuckle, and carried,3-0, Council Members Glasgow and Amburgey absent, the Council voted to deny the request. NEW BUSINESS The Clerk presented the request by Council Member Genis Advisory Ballot to place on the November ballot an advisory measure Measure, Fireworks concerning the sale and discharge of fireworks within the City of Costa Mesa. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, supported the advisory ballot measure as requested. stated that the matter was as outlined in the memorandum to the City Council. On motion by Council Member MOTION Amburgey, seconded by Mayor Buffa, the City Manager was Agreement Approved authorized to execute a month-to-month rental agreement with Triangle Square Joint Venture. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow NEW BUSINESS The Clerk presented the Memorandum of Understanding with MOU with Fire- the Costa Mesa Fire Fire Fighters Association together fighters and with a resolution establishing the basic pay schedule Rates of Pay for the classifications of Fire Fighter, Fire Fighter Specialist, and Fire Captain. Director of Personnel Steve Hayman was present, and Council Member Amburgey said that the outcome was commendable for the City and MOTION the employees. On motion by Council Member Amburgey, MOU Approved; seconded by Vice Mayor Hornbuckle, the Memorandum of Resolution 90-64 Understanding was approved, and Resolution 90-64, being Adopted A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE RATES OF PAY FOR FIRE SAFETY CLASSIFICATIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow NEW BUSINESS The Clerk presented a request for a financial contribu- Financial Contri- tion to underwrite the Pacific Symphony's performance bution Request for for the John Wayne Airport Dedication. Council Member John Wayne Airport Amburgey explained the plans for the dedication of the Dedication newly expanded and renovated airport. The cost for Pacific Symphony to perform at the dedication is $20,000.00, and it is hoped that surrounding cities would share the cost. If the cities elected not to share the cost, Costa Mesa would have paid the entire amount. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, and Jay Humphrey, 1620 Sandalwood, Costa Mesa, spoke in opposition to approving the request. Council Member Genis said that this was not what arts grants were for, it's not to provide something for an elite group, it is to benefit society at large. She read a proclamation in opposition and passed out sponge cake Twinkies to Council. . Council Member Amburgey left the meeting at 2:38 a.m. MOTION On motion by Council Member Genis, seconded by Vice Request Denied Mayor Hornbuckle, and carried,3-0, Council Members Glasgow and Amburgey absent, the Council voted to deny the request. NEW BUSINESS The Clerk presented the request by Council Member Genis Advisory Ballot to place on the November ballot an advisory measure Measure, Fireworks concerning the sale and discharge of fireworks within the City of Costa Mesa. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, supported the advisory ballot measure as requested. ADJOURNMENT The Mayor adjourned the meeting at 2:55 a.m. Mayor of the City 6qtosta Mesa ATTEST: ty Clerk of�the City of Cost Mesa After discussion, upon motion by Council Member Genis, MOTION seconded by Vice Mayor Hornbuckle, Resolution 90-65, Resolution 90-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, SUBMITTING A PROPOSED ADVISORY MEASURE TO THE SUPERVISORS OF THE COUNTY OF ORANGE FOR THE BALLOT OF THE GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 6, 1990, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE, was adopted by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Amburgey, Glasgow CITY MANAGER The City Manager presented a request for extension of REPORT long-term disability leave for Police Officer Robert Long -Term Disa- Baumgardner. Upon motion by Vice Mayor Hornbuckle, bility Leave for seconded by Council Member Genis, and carried 3-0, Baumgardner Council Members Amburgey and Glasgow absent, the exten- sion was approved as requested. COUNCIL MEMBER Council Member Genis mentioned the sidewalk at the COMMENTS Triangle Square construction between Harbor Boulevard Triangle Square and 19th Street. She suggested that some pedestrian Construction access be permitted there for safety purposes. Council Member Genis said that she would like to see Procedures for the Council address relations and general procedures Citizen Committees with Citizen Committees at a Study Session: Are Council voting members? To what extent should they participate? Should they rotate occasionally? Vice Mayor Hornbuckle announced that the Human Relations Multicultural Committee was making progress on plans for the Multicul- Festival tural Festival to be held on October 13, and a great variety of cultures will be represented. ADJOURNMENT The Mayor adjourned the meeting at 2:55 a.m. Mayor of the City 6qtosta Mesa ATTEST: ty Clerk of�the City of Cost Mesa