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HomeMy WebLinkAbout07/27/1990 - City Council Special MeetingSPECIAL MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 27, 1990 The City Council of the City of Costa Mesa, California, met in special session on July 27, 1990, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. Notice of the special hearing was given as required by law. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag. ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Peter Buffa Vice Mayor Mayor Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow COUNCIL MEMBERS PRESENT: None OFFICIALS PRESENT: City Manager Allan Roeder City Attorney Thomas Kathe City Clerk Eileen Phinney ORAL Henry S. Panian, 436 Swarthmore Lane, Costa Mesa, repre- COMMUNICATIONS senting the Mesa Consolidated Water District, announced that a public hearing will be held on August 7, 1990, at Water Supply 7:00 p.m., at the University of California, Irvine, for Southern Beckman Auditorium, by the State Water Resources Control California Board, to discuss its three-year program on determining the amount of water which will be shipped to Southern . California. Mr. Panian also announced that on August 2, 1990, the Mesa Consolidated Water District will conduct a special work shop at its headquarters, 1965 Placentia Avenue, to acquaint all interested persons with this particular matter. He invited the Council and all interested citizens to attend the workshop. Notices for Anne Hogan-Shereshevsky, 2152 Elden Avenue, Costa Mesa, Special Meetings asked whether proper notice had been given for this special meeting. The Clerk responded that all notices were provided as required by law. Council Member Amburgey asked whether a Notice of Special Meeting is published in the newspaper's legal section. The Clerk replied that when a special meeting is scheduled, notices are mailed to all newspapers who have requested such notification. The City Attorney reported that when a special meeting is called, the Brown Act does not require publication; however, the Act does stipulate certain posting and notification procedures. Public Input for Scott Hart asked if the public would have an opportunity Agenda Items to speak on the items listed on the Agenda. Mayor Buffa responded affirmatively, and advised Mr. Hart that it would be especially helpful to staff if all speakers would write their names and addresses on the yellow "Sign In Sheet". CITY ATTORNEY The City Attorney presented his Report No. 90-25, which REPORT includes a ballot title and summary for an initiative to Conflict of be placed on the ballot for the election on November 6, Interest Ballot 1990, amending the City's Conflict of Interest Code. He Measure explained that Resolution 90-63, adopted on July 16, 1990, did not become effective due to requirements C contained in Government Code Section 36934; therefore, an amended resolution was drafted for Council's -consid- eration. The City Attorney reported that amended Resolution 90-63-A is essentially the same as the original document except that the language of Govern- ment Code Section 84308(b) was utilized to clarify the prohibitions on contributions made within three months after a decision involving the contributor is made. Council Member Amburgey commented -that it was his under- standing that the Conflict of Interest measure is advisory only. The City Attorney responded that this measure calls for a direct amendment to the Municipal Code, so that if the voters were to approve the Conflict of Interest proposal, the Code must be amended accord- ingly; on the other hand, if the voters were to approve an advisory measure, Council would have the option of adopting or not adopting an ordinance. Council Member Amburgey asked if contributions received prior to the effective date of the new ordinance would be affected. The City Attorney replied that the 12 - month time period would begin to run on the date the ordinance becomes effective. He stated that Council Members and campaign contributors would be notified of the requirements. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, was of the opinion that the ordinance needed refining. Responding to Vice Mayor Hornbuckle's question, the City Attorney stated that if the voters approve this measure, and the Council wanted to make changes in the future, those changes could be adopted by the Council without a vote by the electorate. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution 90-63-A Member Genis, Resolution 90-63-A, A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA 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, Genis NOES: COUNCIL MEMBERS: Amburgey, Glasgow ABSENT: COUNCIL MEMBERS: None Advisory Measure The City Attorney presented his Report No. 90-26A which Firewworks Ballot addresses an advisory measure for the election of Novem- Measure ber 6, 1990, prohibiting the sale and discharge of safe and sane fireworks. A communication was received from Scott A. Hart, Ellis/ Hart Associates, Incorporated, 2865 East Coast Highway, Corona del Mar, suggesting an alternative to immediately placing the advisory measure on the November ballot. Costa Mesa residents who spoke in favor of placing the advisory measure on the ballot were: Anne Hogan- Shereshevsky, 2152 Elden Avenue; Sherrie Neft, Melva Neft, Daryl Neft, and and Lillian Daniels, 3132 Madeira Avenue; and Donn Hall, 930 West 16th Street. The following Costa Mesa residents spoke in opposi- tion to placing the measure on the ballot: Joseph Busi, 3133 Dublin Street; Katharine Bequette, 2349 College Drive, member of Youth Services Association; Rex Tompkins, 1068 Salvador Street; Norman Manz, 2745 Sand- piper Drive, representing AYSO Soccer; Audrey Buck, 1890 Parkcrest Drive, representing the Estancia High School music program; Nancy Palme, 1997 Kornat Drive; Tomi Scofield, 3123 Cork Lane, representing Marian Parsons School; Clarke Draheim, 3001 Warren Lane; and Darrell Pheasant, 924 Congress Street. Other persons who opposed placing the measure on the ballot were: Louis Hungate, 15851 Wicklow Lane, Huntington Beach, fireworks stand operator for Orange County Ski Club; and Dennis Revell, 1121 "L" Street, Suite 806, Sacramento, representing American West Marketing and Freedom Fireworks. Scott Hart, Ellis/Hart Associates, 2865 East Coast Highway, Corona del Mar, stated that he is working with American West Marketing and Freedom Fireworks, and he felt calling for the advisory measure was premature because of the many unanswered questions which should be discussed. Mr. Hart suggested organizing a citizens committee so that all questions could be addressed, such as, the difference between legal and illegal fireworks; and the fiscal impact on the charities who sell safe and sane fireworks. MOTION A motion was made by Council Member Genis, seconded by Approved Additional Council Member Glasgow, to allow additional time for Mr. Time to Speak Hart to complete his presentation. The motion carried 4-1, Council Member Amburgey voting no. Mr. Hart suggested that if Council were to proceed with placing an advisory measure on the ballot, the wording in the resolution should be changed to ensure fairness for all parties involved. Mr. Hart submitted a copy of his letter dated July 24, 1990, which contains reccm- mended language for the resolution. MOTION/Adopt A motion was made by Vice Mayor Hornbuckle, seconded by Resolution 90-65-A Council Member Genis,.to adopt Resolution 90-65-A, A (See Substitute RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Motion) 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. SUBSTITUTE MOTION After discussion, Council Member Genis made a substitue Amended Resolution motion to amend Resolution 90-65-A by changing the word - 90 -65-A Adopted ing for the Advisory-Measure;to read: "Should the City of Costa Mesa continue -to permit the sale and discharge of State Safety Approved fireworks by nonprofit organi- zations within the City of Costa Mesa?". The substitute motion was seconded by Mayor Buffa, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Genis, Glasgow NOES: COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None Council Member Amburgey agreed with the suggestion of establishing a committee to study the real issues regarding fireworks and to report back to the Council. He requested that a task force be established to study the arguments both for and against the sale of fireworks. Mayor Buffa spoke in support of forming a committee, and requested the City Manager to provide suggestions on the structure of the committee at the next Council meeting. The Mayor recommended that the committee's membership include representatives from the nonprofit organizations that have been selling fireworks, those charitable organizations who no longer sell fireworks, and citizens for and against continued sale of fireworks. Council Member Glasgow felt that placing the measure on the ballot would enable the Council to be responsive to the citizens. Council Member Genis requested background information on organizations, such as the Boy Scouts of America, who have banned the sale of fireworks as a fund-raising activity. RECESS The Mayor declared at recess at 8:25 p.m., and the meet- ing reconvened at 8:35 p.m. COUNCIL MEMBERS Council Member Amburgey stated that because of an COMMENTS inaccurate article on the front page of the Daily Pilot, he probably would no longer release any comments to this Daily Pilot newspaper unless it is the reporter who usually covers Reporting Costa Mesa. Ballot Arguments Council Member Genis expressed her desire to either author or co-author the ballot argument for the Conflict of Interest Ordinance. Vice Mayor Hornbuckle suggested that it would appropri- ate for the three Council Members who voted for the measure to co-author the ballot argument in favor of it. ADJOURNMENT The Mayor declared the meeting adjourned at 8:40 p.m. Mayor of the City o sta Mesa ATTEST: 6 41 C ty Clerk of the City of Costa sa 1