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HomeMy WebLinkAbout09/17/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 17, 1990 The City Council of the City of Costa Mesa, California, met in regular session September 17, 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 Vice Mayor Hornbuckle. 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: Norte Officials Present: City_Manager Allan Roeder City; Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Amburgey, seconded by Vice July 27, August 20, Mayor Hornbuckle, and carried 5-0, the minutes of the and September 4, special meeting of July 27, 1990, and the regular meet - 1990 ings of August 20, 1990, and September 4, 1990, were approved as distributed. ORDINANCES PROCLAMATION Constitution Week PROCLAMATION Light a Candle for Children Day PRESENTATION Gift from Sister City A motion was made by Council Member Amburgey, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. Mayor Buffa read a proclamation declaring September 17 through 23, 1990, as "Constitution Week 1990". Vice Mayor Hornbuckle read a proclamation declaring September 23, 1990, as "Light a Candle for Children Day" Vice Mayor Hornbuckle presented the Mayor with a handcrafted boomerang from Costa Mesa's Sister City, Werribee, Australia® ORAL COMMUNICATIONS Phil Morello, 592-C Hamilton Street, Costa Mesa, again complained about the many abandoned shopping carts in Abandoned Shopping his neighborhood, and asked that something be done to Carts eliminate this blight. Mayor Buffa suggested that Mr. Morello contact the Deputy City Manager/Development Services who will then direct Code Enforcement Officers to investigate the problem. Pushcart Vendors Mr. Morello reported that while staff was gathering data on pushcarts, these vendors seemed to have disappeared from west side streets; however, they have now returned and he counted approximately 8 to 12 pushcarts over the weekend. The City Attorney reported that an ordinance regulating pushcart vendors will be presented at the Council meeting of October 1. Complaint about Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, repre- West Side Bars senting the Mesa West Homeowners Association and west ALJ 1 side residents, thanked the police officers at the west side substation who have diligently tried for several years to correct the problems at Hussongs (now called The Sporting Club), 1880 Monrovia Avenue. He reported that problems have arisen again and he counted approxi- mately 25 intoxicated customers in a 3 -1/2 -hour period. Mr. Pizarek also mentioned that The Reef at 820 West 19th Street is another problem bar which is closed at the present time but is supposed to reopen soon. Mayor Buffa asked the Deputy City Manager/Development Services to prepare a report for Council by October 1, 1990. Freedom of Esther Shaw, representing the Orange County Coalition Expression for Freedom of Expression, urged the City to continue to support the arts, and requested that Council stop the investigation of the play, "Sister Mary Ignatius Explains It All For You", being shown at the Costa Mesa Civic Playhouse. Regulating -Number Jack Stratton, 2276 Pamela Lane, Costa Mesa, asked why of Residents in there were no laws regulating the number of people who Dwelling Units can live in a dwelling unit. Mayor Buffa explained that all local laws were overridden by a Supreme Court decision, with certain exceptions. The Mayor mentioned that staff is attempting to develop new regulations which will meet Supreme Court guidelines. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about case law regarding this subject. Phil Morello, 592-0 Hamilton Street, Costa Mesa, also commented on this issue. Fairgrounds EIR John Feeney, 1154 Dorset Lane, Costa Mesa, stated that he read the City's critique of the Fairgrounds Environ- mental Impact Report (EIR), and congratulated staff on a job well done. CONSENT CALENDAR On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Lance M. English; Armand L. Hartmankok; Robin K. Martinez; Mabel Stone; and David E. Updegraff. Alcoholic' Alcoholic Beverage Licenses for which parking has Beverage been approved by the Planning staff: Friedel Adams Licenses and Dorothy Houghton, doing business as Globe Delica- tessen, 1928 Harbor Boulevard; and A. C. Global Investments, Incorporated, doing business at 2915 Red Hill Avenue. WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Warrant Resolution 1476, including Pay - MOTION roll 9018, was approved by the following roll call vote: Warrant 1476 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ADMINISTRATIVE Bids received for Bid Item 891-A, Schedule II, Remove ACTIONS and Replace Emergency Power Generator(s), are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, Bid Item 891-A, seconded by Council Member Amburgey, the contract was Schedule II awarded to Duthie Electric Service Corporation, 2811 Power Generator(s) East Anaheim Street, Wilmington, for $19,054.25. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Awarded to Amburgey, Genis, Glasgow Duthie Electric NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 894-A Bids received for Bid Item 894-A, Fencing at the Golf Fencing at Golf Course, are on file in the Clerk's office. On motion Course by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the contract was awarded to Crown Fence MOTION Company, 4130 Cherry Avenue, Long Beach, for $12,370.00. Awarded to The motion carried by the following roll call vote: Crown Fence AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sole Source Purchase Staff recommended purchase of computer hardware from of Computer Hardware sole source vendor, International Business Machines, 611 from IBM Anton Boulevard, Suite 400, Costa Mesa, for $18,661.75. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Amburgey, the purchase was approved by the Purchase following roll call vote: Approved AYES: COUNCIL 14FMERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 Staff recommended approval of Change Order No. 1 for Bid Item 875 $5,275.00 to the contract with Petroleum Contractors, Jet "A" Aviation Incorporated, 2030 West 17th Street, Lang Beach, for Bid Gas System Item 875, Convert Aviation Gas System to Jet "A" System at the Police Department Helipad. The change order is for cleaning and testing the fuel tank, and one manway. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Change Order Member Amburgey, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Dedication of City Staff recommended that the City dedicate property to the Property to the State of California for the I-405 Freeway/South Coast State for the Drive offramp which is identified as a necessary project I-405 Freeway/South in the recently completed I-405 Freeway Access Study. Coast Drive Offramp A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, adopting Resolution 90-73, A MOTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Resolution 90-73 MESA, CALIFORNIA, AUTHORIZING DEDICATION OF CITY -OWNED Adopted PROPERTY TO THE STATE OF CALIFORNIA FOR THE I-405 FREEWAY/SOUTH COAST DRIVE OFFRAMP, and authorizing the Mayor and Clerk to sign the Grant Deed. 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 Measure "C" Street The Clerk announced the public hearing, continued from Maintenance on the meeting of August 6, 1990, regarding noncompliance of Adams Avenue Excalibur Contracting, Incorporated, 2760 South Harbor Project 90-06 Boulevard, Unit F, Santa Ana, with the "Subcontractors' I - Excalibur Listing Law" for Measure "C" Street Maintenance (Heater - Contracting Remix) on Adams Avenue from Placentia Avenue to the Santa Ana River, Project No. 90-06. The Public Services Director summarized his memorandum dated September 5, 1990, reporting that Excalibur did not list any subcontractors on its bid to perform more than 1/2 of 1 percent of the required work; however, staff has learned that work is being done by a subcon- tractor in excess of the percentage allowed by law. In view of this information, the Director recommended that Council authorize staff to assess the 10 percent penalty permitted by law. He also commented that he advised the contractor of the public hearing and staff's recommenda- tion. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Penalty Authorized Member Genis, and carried 5-0, staff was authorized to assess a 10 percent penalty to any portion of work subcontracted by Excalibur Contracting, Incorporated, in excess of 1/2 of 1 percent of its total bid amount in accordance with the "Subletting and Subcontracting Fair Practice Act". PUBLIC HEARING The Clerk announced that this was the time and place set PA-86-167A/Dougher for the public hearing to consider the appeals from Brian M. Dougher, applicant, 195 Emerald Bay, Laguna Appeals Filed Beach, and from Phillip Livingstone, 327 West Wilson by Dougher and Street, Space 96, Costa Mesa, concerning the Planning Livingstone Commission's decision for Planning Action PA -86-167A, to reconsider modification or revocation of an existing Conditional Use Permit for a 113 -space mobile home park at 327 West Wilson Street in R3 and R4 zones. Environ- mental Determination: Previous Negative Declaration. The Affidavit.of Mailing is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services gave a slide presentation of the site and summarized the Plan- ning Staff Report dated September 14, 1990: Based on a survey of the subject site and other mobile home parks, staff recommended a modification of the Condi- tional Use Permit to allow a maximum of 109 units and to require parking at a ratio of 1.5 spaces per unit plus 11 guest spaces. On August 27, 1990, the Planning Commission allowed the maximum number of units to remain at 113 subject to modified conditions contained in the memorandum to the Planning Commission dated August 23, 1990, with additional modifications by the Commission. The Deputy City Manager reported that the park owner's appeal was based on clarification of the motions made at the Planning Commission meeting of August 27 regard- ing the number and qualification of parking stalls, as well as the issue of charging tenants for assigned parking spaces. He stated that Mr. Livingstone's appeal was based on potential loss of life and/or health; substantial loss of homeowner equity; no provisions for handicapped tenants; and violation of City standards regarding drive aisle width, paved parking, and stall dimensions. Phillip Livingstone elaborated on the reasons for his appeal: the City's discrimination against the elderly, handicapped, and low-income qualified families residing in Costa Mesa. He contended that the City has not complied with Federal regulations regarding block grants, especially for this project, and demanded an audit prior to any approvals being made for the site. He reported that a lawsuit has been filed against the park owner and manager, and Does 1 to 25, which would include any government regulatory agency. He believed that there may be potential fraud and misuse of City funds in regard to the subject property and wanted an audit done in accordance with Federal requirements. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Granted Additional Council Member Genis, to grant Mr. Livingstone an addi- Time to Speak tional three minutes to complete his presentation. The motion carried 4-1, Council Member Amburgey voting no. Mr. Livingstone concluded his statements by commenting that the 0 -lot line is nonconforming; there are fire hazards at the site; and he again demanded an audit. The City Manager reported that the appropriate audits are available for inspection by the appellant, and the City has a program to assist mobile home owners to correct Code violations. Brian Dougher, owner of the mobile home park, read a prepared statement dated September 17, 1990, which provides background information on the Conditional Use Permit dating back to April 15, 1988. Mr. Dougher stated that he intends to expand the number of parking stalls to 141, and when the remaining four homes are installed, he will provide tandem parking for each of these homes for a total of 149 stalls. He explained that he cannot control the number of vehicles in the park unless he is permitted to charge for trucks, commercial vans, "stored" vehicles, recreational vehicles, or vehicles not used as passenger vehicles on a daily basis. Mr. Dougher concluded his presenta- tion by assuring Council that parking problems will not re -occur when the newly permitted parking stalls are completed and Condition No. 2 is modified to read, "Homeowners who do not have parking space available on their home sites will not be charged for parking passenger -type vehicles in the assigned parking area". Sandy Amstutz, 327 West Wilson Street, Space 88, spoke about the lack of parking spaces in the park, and the possibility of losing additional spaces if Wilson Street were widened. Daniel Cusack, 327 West Wilson Street, Space 37, recom- mended that the park owner provide 1.5 spaces per unit and to eliminate parking fees. Bruce Amstutz, 327 West Wilson Street, Space 88, stated that without notifying the tenants, Mr. Dougher removed the structure housing a meeting room and laundry facili- ties in order to construct 11 more parking spaces. Glen Greener, representing the park owner, mentioned that those owners whose parking spaces are adjacent to their mobile homes are not permitted to use any other spaces in the park. Maggie Bates, 327 West Wilson Street, Space 72, spoke about the driveways being too narrow to handle large vehicles, especially fire and garbage trucks, and inade- quate sight distance at intersections within the park. 1 Joan Colburn, 327 West Wilson Street, Space 2, suggested having one-way streets within the park, and requested installation of a push-button traffic signal on Wilson Street as a safety measure for children going to Wilson Park. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Amburgey, seconded Appeal Denied by Mayor Buffa, to deny the appeal for Planning Action PA -86-167A. Substitute Motion Vice Mayor Hornbuckle made a motion, seconded by Council to Uphold Staff's Member Genis, to uphold the Planning staff's recommenda- Recommendation tion, that is, modification of the Conditional Use Failed to Carry Permit to allow a maximum of 109 units, and to provide parking at a ratio of 1.5 spaces per unit, plus 11 guest spaces, subject to findings and conditions contained in staff's memorandum of August 23, 1990. The substitute motion failed to carry 3-2, Council Members Buffa, Amburgey, and Glasgow voting no. Mayor Buffa asked for a vote on the original motion to deny the appeal and uphold the Planning Commission's decision. Responding to Vice Mayor Hornbuckle's question regard- ing Condition No. 2 recommended by Brian Dougher in his letter of September 17, 1990, Council Member Amburgey confirmed that his motion includes Condition No. 2 as shown in the subject letter. The original motion carried 3-2, Council Members Hornbuckle and Genis voting no. MOTION The City Attorney advised Council that they must take Livingstone's action on the appeal from Mr. Livingstone, and there - Appeal Denied after, a motion was made by Council Member Amburgey, seconded by Council Member Glasgow, to deny the appeal from Phillip Livingstone. The motion carried 3-2, Council Members Hornbuckle and Genis voting no. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -90-81 set for the public hearing to consider an appeal of the by Ziesman Planning staff's recommendation for Planning Action PA -90-81 from Terry Ziesman, 666 Baker Street, Suite 104, Costa Mesa, authorized.agent for DFB Associates/ Donald Buhler, same address, for a Planned Signing Program for a commercial office complex at 666 Baker Street, in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A letter was received from Terry Ziesman, requesting a two-week continuance. MOTION A motion was made by Council Member Glasgow, seconded by Continued to Vice Mayor Hornbuckle, and carried 5-0, to continue the October 1, 1990 public hearing to October 1, 1990. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -90-90 set for the public hearing to consider an appeal of the Cooling Planning Commission's denial of Planning Action PA -90-90 from Richard L. Cooling, 2503 Eastbluff Drive, Suite . 205, Newport Beach, authorized agent for Ronald B. Coulombe, 1022 Cannonade Circle, Costa Mesa, for a variance to allow stucco columns and a covered entry to encroach into the front setback (20 feet required; 12.5 feet proposed), located at 1022 Cannonade Circle, in an Rl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file -in the Clerk's office. Supplemental information supporting the appeal was received from authorized agent, Richard L. Cooling. The Deputy City Manager/Development Services gave a slide presentation of the site, and summarized staff's memorandum of September 12, 1990, as well as the Staff Report. Staff's memorandum states that the appeal is based on the applicant's contention that special circum- stances exist to justify granting the variance because the property's rear yard, adjacent to Sunflower Avenue, is unusable due to traffic noise and fumes from that street. The Deputy City Manager agreed that the entry is a very attractive addition to the house; however, building permits were not obtained for this structure. In answer to Council Member Glasgow's question, the Deputy City Manager reported that it is permissible to construct a fence 10 feet from the property line.. Ronald Coulombe prefaced his presentation by advising Council that the "construction experts" he hired to do the remodeling were not very well informed; there- fore, he hired Mr. Cooling to help in obtaining all the proper permits and variances necessary to comply with City standards. Mr. Coulombe stated that the columns and covered entry are a very appealing addi- tion to his home and to the neighborhood, and can only enhance the surrounding property values. He pointed out that none of the neighbors have complained about the structure. Sid Soffer, 900 Arbor Street, Costa Mesa, asserted that it should not be necessary for Mr. Coulombe to obtain a variance. He suggested changing the Code to address these types of projects, and referenced a procedure used in the City of Newport Beach. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Glasgow, seconded by Variance Approved Council Member Amburgey, to grant the variance allowing an encroachment into the front setback, based on the findings that there is no negative effect on the subject or surrounding properties, that the variance is not a grant of special privilege since an opaque fence could be built 10 feet from the property line, the building does not obstruct required distance for driveway access to neighboring residents, and the construction is consistent with the neighborhood and will be an enhance- ment to the area. Council Member Genis stated that even though the addi- tion is attractive, and she felt that this type of project should be addressed as a Conditional Use Permit, she could not findthat unusual circumstances existed which would not apply to other properties in the neigh- borhood. Vice Mayor Hornbuckle agreed that the addition is very attractive and noted that the findings for variances are rather narrow and do not seem to be present for this project; however, it was her opinion that this addition is less obtrusive than any fence that would be allowed. The motion to grant the variance carried 4-1, Council Member Genis voting no. A letter was received from Corey and Rob Armstrong, 671 Governor Street, Costa Mesa, in opposition to individual homeowners bearing any expense resulting from the under - grounding of utilities. A petition containing 46 signatures was received from residents affected by the project requesting that the City pay for connection costs from funds budgeted for the Victoria Street widening project. The Public Services Director gave a brief presentation of the data contained in his memorandum dated Septem- ber 11, 1990. He mentioned that formation of the District was approved by Council on December 4, 1989, and at the meeting of August 6, 1990, Council directed staff to provide financing alternatives for the service connections for 89 properties affected by the project. The Director read the three alternatives proposed in his memorandum: Alternative 1: Proceed with the provisions of the existing Code which requires the property owner to construct and provide installation of the underground service connection between the utility connection and the property. Alternative 2: Each property owner enter into an agreement with the City whereby the City would pay the initial cost of the service connections, with a pay back of the costs with interest to the City within three years. Those qualifying for low and moderate income would reimburse the City only upon selling or refinancing their homes. Alternative 3: City pay the entire cost of under - grounding all 89 service connections from bond monies. The Public Services Director reported that the approxi- mate cost would be $133,500.00, based on 89 connections at $1,500.00 each. He mentioned that if Alternative Nos. 2 or 3 were chosen, implementation would be con- tingent upon the property owner granting the City a right -of -entry to perform the work; and if a right -of - entry is not granted, the property owner would be directed to install the service connections as outlined in Alternative No. 1. Discussion ensued regarding construction of sound walls along Sunflower Avenue via an Assessment District, and Mayor Buffa commented that this issue is still being investigated by the Community Services Director. Vice Mayor Hornbuckle asked staff to provide information on the procedures used by the City of Newport Beach for these types of projects. RECESS Mayor Buffa declared.a recess at 8:35 p.m., and the meeting reconvened at 8:50 p.m. OLD BUSINESS The Clerk presented from the meeting of August 6, 1990, Underground Utility alternatives for funding service connections for Under - District No. 19, ground Utility District No. 19, Victoria Street from Victoria Street Canyon Drive to Harbor Boulevard. A letter was received from Corey and Rob Armstrong, 671 Governor Street, Costa Mesa, in opposition to individual homeowners bearing any expense resulting from the under - grounding of utilities. A petition containing 46 signatures was received from residents affected by the project requesting that the City pay for connection costs from funds budgeted for the Victoria Street widening project. The Public Services Director gave a brief presentation of the data contained in his memorandum dated Septem- ber 11, 1990. He mentioned that formation of the District was approved by Council on December 4, 1989, and at the meeting of August 6, 1990, Council directed staff to provide financing alternatives for the service connections for 89 properties affected by the project. The Director read the three alternatives proposed in his memorandum: Alternative 1: Proceed with the provisions of the existing Code which requires the property owner to construct and provide installation of the underground service connection between the utility connection and the property. Alternative 2: Each property owner enter into an agreement with the City whereby the City would pay the initial cost of the service connections, with a pay back of the costs with interest to the City within three years. Those qualifying for low and moderate income would reimburse the City only upon selling or refinancing their homes. Alternative 3: City pay the entire cost of under - grounding all 89 service connections from bond monies. The Public Services Director reported that the approxi- mate cost would be $133,500.00, based on 89 connections at $1,500.00 each. He mentioned that if Alternative Nos. 2 or 3 were chosen, implementation would be con- tingent upon the property owner granting the City a right -of -entry to perform the work; and if a right -of - entry is not granted, the property owner would be directed to install the service connections as outlined in Alternative No. 1. 9 Prior to public comments, all Council Members expressed their preference for Alternative No. 3. Marvin Fisher, 2163 Puente Avenue, Costa Mesa, commented that Council Members had indicated at past meetings that they supported having the City pay the entire cost. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Resolution 90-74 Council Member Glasgow, to adopt Resolution 90-74, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING FINANCING OPTIONS FOR UNDERGROUND UTILITY DISTRICT NO. 19 SERVICE CONNECTORS, approving Alternative No. 3 based on the findings that the use of public funds to pay these costs is appropriate because the street widening and undergrounding of utilities will benefit the public at large and the costs are prohibi- tive for property owners to bear, and widening of Victoria Street has caused a unique hardship to the homeowners affected by this undergrounding. 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 OLD BUSINESS The Clerk presented from the meeting of August 20, 1990, Harry S. Green the contract with Harry S. Green, Incorporated, relat- Contract/Costa ing to the Costa Mesa Golf and Country Club. Mesa Golf and Country Club The City Attorney reviewed his memorandum of September 12, 1990, with which he included the back-up invoices and the proposed Addendum Agreement. He explained that the invoices establish that Mr. Green is entitled to a $36,619.19 credit to offset $35,000.00 owed to the City for maintenance costs for the period of March, 1985, to March, 1987, required under the previous Addendum Agree- ment of 1985. The City Attorney reported that after April, 1987, staff found that Mr. Green had commenced paying the maintenance costs as required by the 1985 Addendum Agreement. By letter dated September 10, 1990, Mr. Green's attorney, Steven Sterns, confirmed that the terms of the proposed Agreement were acceptable. Council Member Amburgey requested a closed session, and recommended trailing this item because neither Mr. Green nor his attorney were present. The City Manager stated that Mr. Green and his representatives were notified of this meeting approximately 2-1/2 weeks ago, and when he called them earlier in the day, they indicated that they probably would not be present. Considerable discussion ensued regarding the need for a closed session and whether Mr. Green complied with the City Manager's letter dated January 24, 1990. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the Agenda is clear enough for Council to take a vote. The City Attorney responded affirmatively. MOTION Vice Mayor Hornbuckle made a motion, seconded by Council Addendum Agree- Member Genis, accepting the terms of the proposed Adden- ment Approved dum Agreement which will settle the default by Green for the maintenance costs at the clubhouse, and authorizing the Mayor and Clerk 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 Regarding the golf course concession contract, Vice Accepted Stern's Mayor Hornbuckle made,a motion that the letter from Letter as Satis- Steven Stern, Corbett & Steelman, attorney for Mr. Green, factorily Addressing satisfactorily addresses concerns raised in the City Concession-Contract Manager's aforementioned letter. The motion carried Concerns 3-2, Council Members Amburgey and Glasgow voting no. NEW BUSINESS The Clerk presented a request from the Cultural Arts Request for Funds Committee for increased funding for a Community Cultural from Cultural Assessment, Cultural Arts Coordinator position, and Arts Committee Cultural Arts grants. The City Manager referred to a memorandum from the Cultural Arts Committee dated September 6, 1990, which was discussed thoroughly at the Council Study Session of September 11, 1990. He stated that the most important issue as far as the committee is concerned is the Cultural Arts Assessment, a concept that arose from meetings with the National Endowment of the Arts (NEA), Washington, D.C., which he attended with Council Member Glasgow. The City Manager recommended that if Council were interested in such a study, that they allow RFP's (Request for Proposal) to be sent out to various firms. He felt that the amount requested by the commit- tee for the assessment ($15,000.00) probably is not enough for an appropriate study. As to the request for an Arts Coordinator, the City Manager reported that the committee preferred addressing this request after the assessment has been completed. Regarding the third request for an additional $75,000.00 in grant funds, the City Manager reported that the committee would submit specific recommendations for allocation of those funds-at a later date if Council were to approve the request. Lastly, the City Manager commented on the three funding sources outlined in his memorandum dated September 14, 1990. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, was opposed to using tax dollars for these programs, and suggested that the funds come from private donations. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, agreed with Mr. Sherrick's comments. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for the purpose in providing City funds for the arts. Vice Mayor Hornbuckle replied that in the case of South Coast Repertory Theatre, City funds support their traveling group which visits schools and presents a program designed especially for students. John Feeney, 1154 Dorset Lane, Costa Mesa, suggested placing the arts funding issue on the ballot for the citizens to decide. Lori Houghton, Chairperson, Cultural Arts Committee, stated that the programs the committee is interested in funding are the outreach programs such as those described by Vice Mayor Hornbuckle. David Palmer, 1622 Corsica Place, Costa Mesa, ques- tioned Costa Mesa's being called "City of the Arts" if it cannot fund the projects being discussed. Mr. Palmer commented that some forms of art cannot be funded by those who use them, such as outreach programs for students. Motion Made A motion was made by Council Member Amburgey, seconded to Allocate by Mayor Buffa to allocate $125,000.00 to the committee, $125,000.00 $50,000.00 for a Community Cultural Assessment, and $75,000.00 in grant funds for fiscal year 1990-91. Substitute Motion Council Member Genis made a substitute motion, seconded Made to Proceed by Vice Mayor Hornbuckle, directing staff to move for - with Assessment; ward with an arts assessment and to report back to and to Deny Council with an appropriate funding proposal; and deny" Remainder of ing funds for an Arts Coordinator and additional grants Request for fiscal year 1990-91. Vice Mayor Hornbuckle requested that these issues be addressed in separate motions. AMENDED SUBSTITUTE An amended substitute motion was made by Council Member MOTION Genis, seconded by Vice Mayor Hornbuckle, directing RFP's Authorized staff to proceed with preparing Requests for Proposal for a Cultural Arts Assessment, and to bring back an appropriate proposal for Council review, including an estimated cost. The motion carried 4-1, Council Member Amburgey voting no. MOTION Council Member Amburgey made a motion, seconded by $75,000.00 in Council Member Glasgow, to approve additional grant Grant Funds funding in the amount of $75,000.00. Approved Council Member Genis was opposed to spending more money than has already been allocated for the arts. Vice Mayor Hornbuckle commented that it was poor prac- tice to allocate additional funds after a budget has been adopted, especially when two positions were cut from the budget because of a lack of funds. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Amburgey, Glasgow NOES: COUNCIL MEMBERS: Hornbuckle, Genis ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a Notice of Intention to Appeal or Solicit for Charitable Purpose from Christian Record Solicitation Permit Services, Incorporated, 4444 South 52nd Street, Lincoln, for Christian Nebraska, by soliciting businesses from October 31, Record Services 1990, to October 31, 1991; and a request for waiver of the $15.00 permit fee. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Permit Approved; Member Genis, and carried 5-0, the permit was approved Waiver of Fee with application of Municipal Code Section 9-234(j), and Denied the request for waiver of the fee was denied. NEW BUSINESS The Clerk presented a proposed ordinance establishing Process for Ballot a process for ballot arguments and rebuttal to argu- Arguments and ments. Rebuttals The City Attorney summarized.his Report No. 90-35 and the proposed ordinance. He reported that the draft ordinance adds Section 2-13 to the Costa Mesa Municipal Code, adopting State requirements for arguments and rebuttals for and against a City measure which qualifies for an election ballot. Council Member Genis explained that she requested that an ordinance be drafted in order to eliminate some of the confusion which occurred on the measures appearing on this year's ballot. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Directed City Council Member Amburgey, directing the City Attorney to Attorney to Provide provide an ordinance as outlined in his report. The an Ordinance motion carried 5-0. Report Requested Vice Mayor Hornbuckle requested a report from the City Attorney explaining the State requirements for argu- ments and rebuttals. The City Attorney responded that a report and the ordinance will be on the Agenda for the next Council meeting. CITY MANAGER The City Manager reported that staff from his office REPORTS and the Police and Fire Departments have been working with the Fireworks Advisory Committee on a report for .Fire Works Report Council; the initial draft is complete and is being reviewed by committee members; and he expects to have the report ready for the meeting of October 1. Candidate The City Manager announced that a Candidate Orientation Orientation is scheduled for later this week to clarify the elec- tion rules for Council candidates and their support personnel. Candidates Forum The City Manager invited all interested persons to host a Candidates Forum for this year's election. COUNCIL MEMBERS COMMENTS Council Member Genis commented on her surprise upon learning of the proposal to extend the 57 Freeway to 57 Freeway Adams Avenue. She requested staff to investigate this proposal and report back to Council. Mayor Buffa reported that he met with the Design Manager for the project who was aware of Council's resolution supporting that project as long as it did not extend south of the 405 Freeway. Appeals Procedure Council Member Genis requested clarification of the appeals procedure, citing an example of an appellant withdrawing his appeal after the time limit has past, prohibiting anyone else from filing an appeal. Vice Mayor Hornbuckle commented that a clarification of the procedure is needed. Victoria Street Vice Mayor Hornbuckle suggested installing sound walls Sound Walls on Victoria Street prior to starting the widening construction. Staff Commended Mayor Buffa congratulated the Finance Director, staff, and the City's bond counsel for the excellent bond rating received for the Victoria Street widening and the overall City rating on general obligation bonds. 'ADJOURNMENT The Mayor declared the meeting adjourned at 10:30 p.m. (:Z:�, . QRz/. I , - Mayor of e ity o sta Mesa ATTEST: ity Clerk of the City of Cos Mesa