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HomeMy WebLinkAbout10/01/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 1, 1990 The City Council of the City of Costa Mesa, California, met in regular session October 1, 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 Doyle Henderson, Costa Mesa Nazarene Church. ROLL CALL Council Members Present: Mayor Peter Buffa Vice Mayor Mary Hornbuckle Council Member Ory Amburgey Council Member Sandra Genis Council Member Edward Glasgow Council Members Absent: Officials Present: None Deputy City Manager/Develop- ment Services Donald Lamm City Attorney Thomas Kathe Assistant to the City Manager Rick Pickering Public Services Director William Morris City Clerk Eileen Phinney Associate Planner Gabriel Elliott MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council September 17, 1990 Member Amburgey, and carried 5-0, the minutes of the regular meeting of September 17, 1990, were approved as distributed. 1 1 ORDINANCES A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Buffa declared October 1, 1990, as "Jim Kennedy Jim Kennedy Day Day", in recognition of his 37-1/2 years' service with Southern California Edison Company including 18 years as Area Manager, and in recognition of Jim's retirement. Mr. Kennedy accepted the proclamation, and spoke about the fine relationship he has had with the City. He introduced the new Area Manager, Charlie Wilson. PROCLAMATION California Ride Mayor Buffa read a proclamation declaring October 1-5, Share Week.'90 1990, as "California Ride Share Week '90". COUNCIL DISCUSSION Council`Member Amburgey mentioned a newspaper article Brown Act about the State deleting that portion of the Brown Act Requirements which requires Agendas to be posted 72 hours prior to meetings, and prohibits Council from taking action on items not listed on the Agenda. He suggested that the City continue to abide by these regulations and estab- lish a committee to recommend guidelines for these types of regulations. Council Member Amburgey requested that this item be placed on the next Agenda. ORAL COMMUNICATIONS Michael Carr, 280 East 16th Place; Costa Mesa, spoke in opposition to the City's placing any restrictions on its Cultural Arts, cultural arts grants. He,.gave the Clerk a check for Grants $3.72, representing that portion of tax dollars paid by two Costa Mesa residents who opposed using taxpayers' money for the Costa Mesa Civic Playhouse's production of "Sister Mary Ignatius Explains It All For You". Festival of Phil Morello, 592 Hamilton.Street, Costa Mesa, contended Britain that Council violated their fudiciary responsibility by donating $400,000.00 to the Festival of Britain when it appears that the City will suffer a shortfall of approxi- mately $100,000.00. Demolition of Betty J. Beecher, 200 Magnolia Street, Costa Mesa, Historical reported that one of the City's historical buildings, Building St. Joachim's chapel which was moved from the Santa Ana Army Air Base, is in the process of being demolished. The Assistant to the City Manager advised Council that a City photographer was sent to the site, and negotia- tions are in process with St. Joachim Catholic Church to obtain memorabilia. During discussion, Mrs. Beecher reported that she believed there were historical buildings located at the Orange County Fairgrounds that will be demolished when new construction commences. Council Member Amburgey mentioned that the Orange Coast College gymnasium was originally located at the Air Base. The Mayor requested the Assistant to the City Manager to contact the Fair Board to determine whether the histori- cal buildings will be impacted by their Master Plan.. Gasoline Prices Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about the rising cost of vehicle fuel, and suggested that people purchase gasoline from the stations offering -the lowest prices so that competitors would be forced to match the lower prices. PA -90-33' Sam Butler, 1128 Sea Bluff Drive, Costa Mesa, referred Hampton/Catte to Planning Action PA -90-33, Hampton/Catte, a project being constructed at 2109-2115 Valley Road. He stated that it was his understanding that no windows were to be installed on the south elevation except for bathroom windows. He reported that windows are being installed at the second story level on the south side. Mayor Buffa asked Mr. Butler to give his phone number to the Assistant Development Services Director/Building Official and the Associate Planner so that they could contact him after they have investigated this matter. Bike Lanes on Jim Tierney, 1022 Begonia Avenue, Costa Mesa, was Bear Street unhappy about the deletion of bike lanes on Bear Street. CONSENT CALENDAR The following item was removed from the Consent Calendar: Item 6, Purchase of a used ten -wheel diesel dump truck. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Ramona F. Elias, et al; Lance M. English; Guy E. Mahan; Conrad Nordquist; Marie T. Walker; Joyce M. Weitzberg; and John M. Zieg Jr. Alcoholic Alcoholic Beverage Licenses for which parking has Beverage been approved by the Planning staff: Brooke & Mack, Licenses Inc., doing business at 1555 Adams Avenue; California Stop, doing business at 600 West 19th Street, Units A and B; Denny's, Incorporated, doing business as Denny's Restaurant No. 1247, 105 East 17th Street, and Denny's Restaurant No. 1258, 290 Bristol Street; and Ivan D. Gonzalez, doing business as Southern Cross Wines, 2925 College Avenue, Unit A-8. SET FOR PUBLIC On motion by Vice Mayor Hornbuckle, seconded by Council HEARING Member Amburgey, and carried 5-0, the following item was set for public hearing on October 15, 1990, at 6:30 p.m., in the Council Chambers of City Hall: R-90-09 Rezone Petition R-90-09, for Larry K. Hogle, 19752 Hogle/Burge MacArthur Boulevard, Suite 210, Irvine, authorized agent for Gary D. Burge, 736 Whalers Way, Suite F-250, MOTION Fort Collins, Colorado, to rezone property at 125 Mesa Hearing Set for Drive (Newport -Harbor Animal Hospital) from R2 to PDC. October 15, 1990 Environmental Determination: Negative Declaration adopted for General Plan Amendment GP -90-01. WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Warrant Resolution 1477, including Pay - MOTION roll 9019, was approved by the following roll call vote: Warrant 1477 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the following claims were rejected: Bortone Luciano Bortone; Hartmankok Armand Hartmankok; Moquin John and Pat Moquin; and Schwarz Robin Otto Schwarz. ADMINISTRATIVE Bids received for Bid Item 898, One Reader/Printer, are ACTIONS on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the Bid Item 898 contract was awarded to Astro Office Products, Incor- One Reader/Printer porated, 110 West Walnut Street, Gardena, for $5,651.54. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Awarded to Astro Amburgey, Genis, Glasgow Office Products NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 899 Bids received for Bid Item 899, Trim Golf Course Trees, Trim Golf Course are on file in the Clerk's office. On motion by Vice Trees Mayor Hornbuckle, seconded by Council Member Amburgey, the contract was awarded to Leonard Chaidez Tree MOTION Service, Post Office Box 254, Anaheim, for $26,754.00. Awarded to The motion carried by the following roll call vote: Leonard Chaidez AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Tree Service Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 902, One bid received for Bid Item 902, Repair and Retest 35 Repair and Retest Backflow Devices, is on file in the Clerk's office. On 35 Backflow Devices motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the contract was awarded to The Earl's MOTION Plumbing, Incorporated, 1533 West Lincoln Avenue, Awarded to The Anaheim, for $7,037.57. The motion carried by the Earl's Plumbing following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 903 Bids received for Bid Item 903, 18 Portable Radios, are 18 Portable Radios on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the MOTION contract was awarded to A & A Communications, 23011 Awarded to A & A Moulton Parkway, Suite G-6, Laguna Beach, for $9,872.33. Communications 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 Bid Item 905 Bids received for Bid Item 905, Custom Pruning of Custom Pruning Approximately 400 Trees at Various Locations, are on of 400 Trees file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the MOTION contract was awarded to West Coast Arborists, Incorpor- Awarded to West ated, 7072 Thomas Street, Buena Park, for $15,120.00. Coast Arborists 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 Budget Adjustment A motion was made by Vice Mayor Hornbuckle, seconded by 91-13/I-405 Access Council Member Amburgey, to approve Budget Adjustment Improvements 91-13 for $293,930.00, to provide an adequate appropria- tion to prepare a project report on environmental MOTION documentation for access and mainline improvements to Adjustment the I-405 Freeway. The motion carried by the following Approved roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Modifications to The Public Services Director recommended modifications Agreement with to the existing freeway agreement between the City and CALTRANS for I-405 the California Department of Transportation (CALTRANS) Freeway Access by adding the I-405 Fairview Road northbound and south- bound offramp improvements, and constructing the South MOTION Coast Drive offramp. On motion by Vice Mayor Hornbuckle, Resolutions 90-75 seconded by Council Member Amburgey, Resolutions 90-75 and 90-76 Adopted and 90-76, both entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AGREEING TO AMEND THE EXISTING FREEWAY AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE CALIFORNIA DEPARTMENT OF TRANSPOR- TATION (CALTRANS), were adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreements 12-055 The Public Services Director recommended approval of and 12-056 with Construction Agreement 12-055 and Design Agreement CALTRANS for I-405 12-056 between the City and the California Department Access Improvements of Transportation (CALTRANS) for the I-405 northbound Fairview Road/South Coast Drive and the southbound MOTION Fairview Road offramps. A motion was made by Vice Mayor Resolution 90-77 Hornbuckle, seconded by Council Member Amburgey, adopt - Adopted ing Resolution 90-77, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AGREEING TO ENTER INTO DESIGN AND CONSTRUCTION CONTRACTS BETWEEN THE CITY OF COSTA MESA AND THE CALIFORNIA DEPARTMENT OF TRANSPOR- TATION (CALTRANS), and authorizing the Mayor and Clerk to sign the agreements 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 National Pollutant The Public Services Director recommended approval of a Discharge Elimina- joint agreement between the Orange County Flood Control tion System (NPDES) District and certain Orange County cities for partici- Joint Agreement pation in the National Pollutant Discharge Elimination System (NPDES) at a maximum cost of $30,200.00. Since Budget Adjustment this program is a Federal mandate, the cost of not 91-17 participating in the joint program and proceeding alone would be prohibitive. The Director also requested MOTION approval of Budget Adjustment 91-17 for $25,000.00 in Agreement and connection with this program. On motion by Vice Mayor Adjustment Hornbuckle, seconded by Council Member Amburgey, the Approved agreement and budget adjustment were approved, and the Mayor and Clerk were authorized to sign the agreement 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 Executive Rates On motion by Vice Mayor Hornbuckle, seconded by Council of Pay Member Amburgey, Resolution 90-78, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ESTABLISHING RATES OF PAY FOR EXECUTIVE JOB CLASSIFICA- Resolution 90-78 TIONS, was adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Used Item 6 on the Consent Calendar was presented: Request Ten -Wheel Diesel from staff to purchase a used ten -wheel diesel dump Dump Truck truck from Carmenita Truck Center, 13443 East Freeway Drive, Santa Fe Springs, for $48,289.56. Staff recom- mended waiving the bid requirements and purchasing the used truck because a new vehicle would cost approxi- mately $80,000.00 Council Member Glasgow preferred having staff go out to bid for a used truck. The Deputy City Manager/Develop- ment Services explained the difficulty in attempting to obtain bids on this type of equipment. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Purchase Approved Council Member Amburgey, waiving the bidding requirements and authorizing the purchase as recommended by staff. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: None 1 PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of.PA-90-81 the meeting of September 17, 1990, to consider an appeal Ziesman of the 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 Deputy City Manager/Development Services referred to the Staff Report and staff's memorandum dated Septem- ber 24, 1990, and explained that the appeal was made because of a decision that the existing address sign is a monument sign; therefore, it is taken into considera- tion when determining minimum separations when install- ing new ground (monument) signs. He reported that the City Code only allows a monument sign for every 150 feet of frontage; however, the property owner feels that the address sign,is not a monument sign and should not be counted in the total number. Terry Ziesman stated that the address marker is part of the landscaping and centrally located adjacent to the main driveway. He asserted that by calling the address marker a sign, and having him install one of the multi - tenant signs 155 feet away, would place that sign in a very awkward location on the property. Mr. Ziesman requested Council to consider the address marker a land- scaping feature and allow him to place the two Baker Street tenant signs close to the driveways. There being no other speakers, the Mayor closed the public hearing. Vice Mayor Hornbuckle commented that after visiting the site, she felt a unique problem existed because of the difficulty she had in locating the address. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Waived 150 -Foot Council Member Amburgey, to waive the 150 -foot distance Requirement requirement from the address monument sign. During discussion, the Vice Mayor clarified that only two ground signs shall be permitted on Baker Street. AMENDED MOTION At the recommendation of the Deputy City Manager, Vice Condition Added Mayor Hornbuckle amended her motion by adding that the signs shall not endanger pedestrians at the driveway entrances and exits. The amended motion was seconded by Council Member Amburgey, and carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place set Council Review of for the public hearing for Council review of decisions PA-90-94/RA-90-04 by the Planning Commission and Redevelopment Agency for Tostberg/Massen Planning Action PA -90-94, Redevelopment Action RA -90-04, Paul Tostberg, 464 Newport Boulevard, Newport Beach, authorized agent for Richard C. Massen, 770 Hillcrest Drive, Unit 13, Laguna Beach, for a Conditional Use Pennit for a car wash; variances from street setback requirements (20 feet required along Cabrillo Street/15 feet required along Fullerton Avenue; 10 feet proposed); a variance from wall height requirements (6 feet maximum allowed; 8 feet proposed); and Redevelopment Agency review, for property at 1731 Fullerton Avenue in a CL zone. Environmental Determination: Negative Declara- tion. The Affidavit of Mailing is on file in the Clerk's office. A communication was received from Carrington Garrett Executive Search, 18662 MacArthur Boulevard, Suite 400, Irvine, supporting the project. The Associate Planner summarized his memorandum dated September 25, 1990, reporting that both the Planning Commission and Redevelopment Agency approved the project. In his memorandum, he noted that Council Member Genis questioned the appropriateness of a car wash on a site zoned CL but designated High Density Residential in the General Plan, and the adequacy of the number of on-site parking spaces provided for this use. Paul Tostberg described the type of car wash he has been operating for six years on East 17th Street with a Conditional Use Permit, and stated that there have never been any complaints. Mr. Tostberg reaffirmed his statement at the previous hearings that he would comply with all City requirements, including noise standards. Council Member Genis was concerned that if there were not enough parking on-site, employees and customers would be parking in the neighborhood. Mr. Tostberg explained the parking available on-site, and mentioned that if customers were having lunch at Ma Barker's, his employees would park those vehicles in the restaurant's parking lot. Residents and property owners who spoke in opposition to the project were Lorraine Lambeth, 170 Wells Place, who recommended installation.of an eight -foot high wall on Fullerton Avenue if the project were approved; Helen Boyd, 152 Cabrillo Street; Bev Haid, 170 Cabrillo Street; Kathy Young, 1773 Newport Boulevard; Conrad Tona, owner of property at 160 Wells Place; and Roy Pizarek, 1923 Whittier Avenue. Persons who spoke in support of the project were Albert Odenath, representing Ma Barker's Restaurant, 154 East 17th Street, who commented that he and Mr. Tostberg can work together on the parking situation; and Jim Moore, owner of ABC Lumber, 140 East 17th Street. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on problems which occur when commercial zones are located adjacent to residential zones. There being no other speakers, the Mayor closed the public hearing. Mr. Tostberg and Gorden Bricken, Acoustical Engineer, 1621 East 17th Street, Santa Ana, answered questions from Council Member Genis on mitigating noise from the air conditioning and car wash equipment. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, spoke about the visual impact of an 8 -foot high block wall, and the need of some transition between the commercial and residential areas, and asked if there were any plans for landscaping outside the wall. The Associate Planner replied that there has been a provision for landscaping on Cabrillo Street including vines which will be planted against the wall. Sid Soffer wanted to know how much noise is generated by an electric motor that drives the compressor of an air conditioner. Gordon Bricken responded that the air conditioner for this project is packaged, and air conditioner noise is made by the fans, not the motor. MOTION A motion was made by Council Member Amburgey, seconded Upheld Planning by Council Member Glasgow, to uphold the decisions of Commission and the Planning Commission and Redevelopment Agency to Redevelopment approve Planning Action PA -90-94. Agency Decisions A substitute motion was made by Council Member Genis to Substitute uphold the decision of the Planning Commission with the Motion Died added condition that no employee or customer vehicles shall be parked on the public street, but shall be parked on-site at all times. The motion died for lack of a second. Council Member Genis stated that she would oppose the original motion because she felt provisions for on-site parking were inadequate. Vice Mayor Hornbuckle suggested that it may be appro- priate to construct a six-foot wall on Fullerton Avenue to a point near the driveway. During discussion, the Vice Mayor commented that a wall less than six feet high would be acceptable, and suggested that staff work with the applicant. Mr. Tostberg indicated his willingness to work with staff on providing a suitable wall for that area. AMENDED MOTION Council Member Amburgey amended the motion by adding Added a Wall on that the applicant shall work with staff in construct - Fullerton Avenue ing a wall on Fullerton Avenue. The amended motion was seconded by Council Member Glasgow, and carried 4-1, Council Member Genis voting no. OLD BUSINESS The Clerk presented a proposed ordinance and the City Ballot Arguments Attorney's report on establishing a process for ballot and Rebuttals arguments and rebuttals. The City Attorney summarized his Report No. 90-35A dated September 25, 1990, stating that the ordinance will add Section 2-13 to the Costa Mesa Municipal Code incorpor- ating the ballot argument and rebuttal provisions of California Elections Code Sections 4000 through 5025, inclusive. MOTION On motion by Council Member Genis, seconded by Council Ordinance 90-14 Member Amburgey, Ordinance 90-14, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading ADDING SECTION 2-13 TO THE COSTA MESA MUNICIPAL CODE TO PROVIDE FOR BALLOT ARGUMENTS AND REBUTTALS TO A CITY MEASURE THAT QUALIFIES TO BE PLACED ON THE BALLOT FOR A CITY ELECTION, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:30 p.m., and the meet- ing reconvened at 8:45 p.m. OLD BUSINESS The Clerk presented City Attorney's Report No. 90-37 Cultural Arts Grant regarding City of Costa Mesa Cultural Arts Grant to the to Costa Mesa Civic Costa Mesa Civic Playhouse. Playhouse Communications received in opposition to tax dollars being used to support the Civic Playhouse's production of "Sister Mary Ignatius Explains It All For You": Bill and Dorie Mayes, 8252 Le Conte Drive, Huntington Beach; Mr. and Mrs. Duane Wipperman, 874 Congress Street, Costa Mesa; and D. J. McCardle, 2977 Ceylon Drive, Costa Mesa. ` . i Communications received in favor of the City's continu- ing to provide cultural arts grants to the Civic Playhouse without restricting its productions: Barbara J. Delgado, 33852 Diana Drive, Dana Point; Mr. and Mrs. I. Benjamin Merles, 852 Santiago Road, Costa Mesa; and Alysia Batchelder, 586 Fayette Circle, Costa Mesa. A letter was received from Ruthanne Salido, 762 West Naomi Avenue, Unit E, Arcadia, opposed to banning the play ("Sister Mary"). A letter was received from Eleanor Rey, President, Executive Board of Directors of the Costa Mesa Civic Playhouse, 661 Hamilton Street, explaining that it was not the intent of the Board to offend anyone. She also wrote about the variety of services offered by the Playhouse. The City Attorney gave a brief review of his Report No. 90-37, a legal opinion on the issue of whether the Costa Mesa Civic Playhouse violated the terms of the agreement for cultural arts grants by presenting the play, "Sister Mary Ignatius Explains It All For You". The City Attorney determined that the Playhouse has not violated the terms of that agreement. Mayor Buffa announced that only comments regarding the the City Attorney's report will be accepted. Jane Sharp, 640 Whitney Way, Costa Mesa, Member of the Board of Directors for the Costa Mesa Civic Playhouse, stated it was not the intent of the Board to offend any- one by producing the "Sister Mary" play. The following people spoke against using tax dollars to support productions such as "Sister Mary": Eloise Ott, 3093 Loren Lane, Costa Mesa; Wendy Leece, 1107 Valley Circle, Costa Mesa; John Moorlach, 3169 Madeira Avenue, Costa Mesa; John and Ernie Feeney, 1154 Dorset Lane, Costa Mesa; Jo Ellen Allen, President of Eagle Forum of California, Post Office Box 8212, Newport Beach; Eloise Votteri, 3210 Oregon Avenue, Costa Mesa; Jim Meehan, 3147 Country Club Drive, Costa Mesa; Andrew Reardon, 207 Susannah Place, Costa Mesa; Jeff Burns, Post Office Box 2027-167 Huntington Beach; and Ed King, 2777 Lorenzo Avenue, Costa Mesa. The following persons were opposed to placing any restrictions on cultural arts funds: Stan Wlasick, 2273 Rutgers Drive, Costa Mesa; Eric Pehrsen, 445 Fair Drive, Costa Mesa; Esther Shaw, 1901 Tustin Avenue, Costa Mesa; Bruce Gillings, 3403 Geranium Street, Costa Mesa; and John Bender, 21142 Shepherd Lane, Huntington Beach. Joe Sepulveda, 2273 Rutgers Drive, Costa Mesa, stated that when he has reached voting age next year, he will do all in his power to remove those from office who violate his constitutional rights. Olive Meehan, 3147 Country Club Drive, Costa Mesa, found the script of the "Sister Mary" play to be viciously critical, not only of Catholic education but of the beliefs that support this education. She quoted a letter sent to the Los Angeles Times Newspaper by the Most Reverend Norman McFarland, Catholic Bishop of Orange County, which stated that ever since this play opened in 1980, decent and fair-minded people from all sectors of society found the play to be a cruel carica- ture of Catholic nuns; moreover, injustice is added to 1 1 insult when the bigotry is supported by tax dollars. MOTION A motion was made by Council Member Genis, seconded by Authorized Council Member Glasgow, to allow Mrs. Meehan one more Additional minute to finish her presentation. The motion carried Time to Speak 4-1, Council Member Amburgey voting no. Mrs. Meehan finished her presentation by stating that when a community theater attacks a part of a community, and the Catholic Church is an integral part of our community, it ceases to represent the entire all the people. She felt it was time to reevaluate public funding of the arts. Sherry Neft, 3132 Madeira Avenue, Costa Mesa, commented that if one form of expression is censored because it has attacked someone's religion or race, then government should also look at banning and abolishing groups such as the KKK, Nazis and Neo -Nazis, and the Historical Revisionists. Phil Morello, 592 Hamilton Street, Costa Mesa, felt it was improper for Michael Carr to intimidate the Feeneys by presenting a tax refund check. David Scaglione, 12561 Dale Street, No. 4, Garden Grove, commented that there are many times money he has given is used for activities he does not support; and it is difficult to determine where one's money is being spent. Council Member Genis stated that as an outgrowth of this issue, she has become concerned that the grant contracts do not specify how the money is being spent, and recom- mended that the City require more detailed data from grant recipients, including information on the use of City facilities. Council Member Genis was offended by the script of "Sister Mary" even though she is not Catholic. For the record, Council Member Genis stated that there is very little difference between Council's new policy and the one which has been in effect since May 7, 1984; which states that the City will not provide support to a private organization for the conduct of any religious or political activity. Council Member Amburgey stated that the comment made by one speaker that he would remove from office anyone who violated his constitutional rights was uncalled for and an attempt to intimidate the Council. He remarked that as a Council Member he has the right to vote as he feels he should vote in order to represent the entire commun- ity, and he will do that when the time arrives to vote on funding for the arts. He commented on the necessity of the community to work together, and there being plenty of plays available which will not be offensive to anyone. Council Member Glasgow referred to a speaker's comment- ing that "Sister Mary" is a religious satire, and read the definition of the word "satire": "A literary work in which vices, follies, stupidities, abuses, etc. are held up to ridicule and contempt". Based on this definition, he asserted that satires are vicious and intended to hurt, and he also was offended by the play. Vice Mayor Hornbuckle reported that input she received from citizens was mixed. She suggested basing arts grants on the history of the applicant, that is, if an OLD BUSINESS Pushcart Vendors organization continually presents offensive material, it may be good cause to deny tax dollars. The Vice Mayor commented that this controversy may have been beneficial in that it brought to light the fact that there is a need for a better method of monitoring tax dollars. No action was required on this item. The Clerk presented an ordinance regulating pushcart vendors. The City Attorney summarized his Report No. 90-28B dated September 25, 1990, which explains proposed changes to Municipal Code Sections 9-131, 9-132, 9-133, and 9-191, to regulate pushcart vendors operating within the City. He stated that the ordinance provides for violations and impounding of vending vehicles operating without a valid permit. The City Attorney mentioned that the proposed ordinance is modeled after an ordinance adopted in the City of Santa Ana to regulate pedestrian food vendors. Vice Mayor Hornbuckle recommended some changes: Section 9-191.5 of the ordinance (Page 14 of the Report), add that the permit shall include a picture of the vendor; Section 9-191.16 (Page 22 of the Report), in addition to impounding vehicles, add a provision for disposal of the food at the time of impounding. Council Member Genis stated that since health problems were a,concern, she would like to see the ordinance address health clearances. Council Member Genis wanted to know if the Girl Scouts selling boxes of cookies, the Fuller Brushman, or similar types of vendors would be affected by the ordinance because of the wording in Section 9-191.2(a) on Page 7 of the Report; and also if the ordinance referred only to public property. The City Attorney offered to prepare alternative wording for the above-mentioned section and to clarify that the ordinance only refers to distribution of food products in the public right-of-way or on sidewalks. Phil Morello, 592 Hamilton Street, Costa Mesa, did not approve of the City's using a City of Santa Ana ordi- nance as a model because it was his opinion that Santa Ana is not a premier City. Mr. Morello suggested that Council limit the number of permits, and complained about the abandoned shopping carts in his neighborhood. Nancy Palmer 1997 Kornat Drive, Costa Mesa, asked if the Girl Scouts would need permits. The Attorney replied that this ordinance did not apply to them. Miss Palme spoke in support of the proposed ordinance, and sug- gested adopting regulations for other vendors. She reported that produce, etc. is regularly sold from a white van at the northwest corner of Wilson Street and Placentia Avenue; and a vendor is selling items from an old white truck approximately 500 feet from Estancia High School, on Joann Street. Audrey Buck, 1890 Parkcrest Drive, Costa Mesa, reported that she observed.an ice cream vendor relieving himself in the public street, and then continuing on his way. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, commented that the proposed ordinance is very confusing. Ll MOTION/Directed A motion was made.by Vice Mayor Hornbuckle, seconded by City Attorney to Council Member Genis, directing the City Attorney to Amend the Proposed return an ordinance for first reading patterned along Ordinance the lines of the discussion this evening and as out- lined in his report. The motion carried 5-0. NEW BUSINESS The Clerk presented Planning Action PA -90-80, Malcolm PA -90-80 - Ross, authorized agent for 600 Anton Boulevard Associ- 600 Anton Boule- ates, 3315 Fairview Road, Costa Mesa, for a Final vard Associates Development Plan for a commercial/retail/service build- ing containing 8,400 square feet, to be constructed adjacent to the parking structure for the Plaza Tower (IBM) building and the Westin South Coast Plaza Hotel, located at 600 Anton Boulevard in a TC zone. Environ- mental Determination: Negative Declaration. The Deputy City Manager/Development Services summarized staff's memorandum dated September 25, 1990, and the Staff Report. He reported that this building was not part of the original IBM Development Plan, but was proposed by the Segerstrcm organization as a means of improving the architectural treatment along Anton Boule- vard by partially screening the parking structure. The Deputy Manager stated that at its meeting of September 24, the Planning Commission approved a variance from street setback requirements (20 feet required, six feet proposed), and recommended approval of the Final Devel- opment Plan. Malcolm Ross was present to answer questions from the Council and explained that the building is truly a buffer to screen the parking structure. During later discussion, Mr. Ross agreed to all conditions contained in the Staff Report. Council Member Amburgey would have preferred a larger setback; however, he felt the building was an outstand- ing improvement of the area's appearance. Mayor Buffa also expressed his support for the project. MOTION On motion by Council Member Amburgey, seconded by Mayor Negative Declara- Buffa, and carried 5-0, the Negative Declaration of tion Adopted Environmental Impact was adopted. Council Member Glasgow opposed the plan because he felt the setback was not adequate. MOTION A motion was made by Council Member Amburgey, seconded PA -90-80 Approved by Mayor Buffa, approving the Final Development Plan, subject to all conditions contained in the Staff Report. The motion carried 4-1, Council Member Glasgow voting no. no. RECESS The Mayor declared a recess at 10:40 p.m., and the meet- ing reconvened at 10:50 p.m. NEW BUSINESS The Clerk presented a request from the Harbor Boulevard Auto Dealerships of Cars Association for staff assistance in identifying Signage on Harbor and securing locations for signage to promote the auto - Boulevard mobile dealerships on Harbor Boulevard. The Deputy City Manager/Development Services referred to the City Manager's memorandum dated September 25, 1990, which analyzes the request and provides a recom- mendation. Responding to a.question from Vice Mayor Hornbuckle, Gary Gray, Orange Coast Jeep Eagle, 2524 Harbor Boule- vard, representing the "Harbor Boulevard of Cars" Association, stated that the project will be funded by the automobile dealerships and there will be no cost to the City. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Staff Directed to Council Member Amburgey, and carried 5-0, directing Initiate Signage staff to initiate work on a Comprehensive Signage Program Program for the "Harbor Boulevard of Cars" Association. NEW BUSINESS The Clerk presented a report from the Blue Ribbon Fire - Fireworks works Advisory Committee dated October 1, 1990. Committee Report Sherry Neft, 3132 Madeira Avenue, Costa Mesa, member of the committee, stated that she did not intend to have her comments reflect on the other committee members; however, she felt the committee's report did not address the major goal and objective, "To collect and review data regarding the experience of Costa Mesa and other communities regarding fireworks incidences". Ms. Neft reported that as a result, three members and one alternate member wrote the Minority Committee Members' opinion, "Minority Report to the Costa Mesa City Council Regarding the Findings of the Blue Ribbon Fireworks Advisory Committee" dated September 24, 1990. Committee Member Audrey Buck, 1890 Parkcrest Drive, Costa Mesa, representing the Estancia Music Program, reported that her assignment was to determine the impact on fund-raising for nonprofit organizations. She commented that the report reflects many diverse view- points and she felt the document adequately addresses the issues requested by Council. Alternate Committee Member Melva Neft, 3132 Madeira Avenue, Costa Mesa, was of the opinion that the members did not follow through with the goals of the committee. Committee Member Darrell Pheasant, 924 Congress Street, Costa Mesa, reported that facts regarding injuries in Costa Mesa were not included because there were none on record; and the National facts were not included because almost all fireworks in other states are not legal in California. Committee Member Lillian Daniels, 666 West 19th Street, Costa Mesa, spoke about the destruction and injuries caused by both legal and illegal fireworks. Nancy Palme, 1997 Kornat Drive, Costa Mesa, thought the report was fairly well-balanced; however, she noted that the report did not address problems which arise from communal celebrations, such as, traffic, drunkenness, gang fights, etc. Committee Member John Kelly, 2002 East McFadden Avenue, Santa Ana, General Manager of American West Marketing, commended Council on their selection of committee members who represented both sides of the issue. Mr. Kelly pointed out that since 1988, the number of fireworks -related fires and property damage has decreased in the City of Costa Mesa. Mayor Buffa commended the committee on an excellent report, and directed staff to make the report available to the public through the libraries and the Clerk's office. He also recommended that the minority report be made available to the public. No action was required on this item. NEW BUSINESS The Clerk presented a request from Mayor Buffa to form "Costa Mesa Cares" the "Costa Mesa Cares" nonprofit corporation for funding Nonprofit Corpora- social programs, and to adopt a resolution creating a tion special account. Mayor Buffa referred to his memorandum of September 26, MOTION 1990, which explains the function of the organization: Corporation Approved "The corporation would serve as a conduit for distribut- in Concept; Resolu- ing City funding in support of local social service tion 90-79 Adopted prograns . . . 'Costa Mesa Cares' would have the ability to solicit both public and private funds, review and screen applicants, award grants, and monitor expenditure performance". Vice Mayor Hornbuckle suggested obtaining information from the Brea Foundation, a similar organization estab- lished by the Brea City Council. Mayor Buffa requested the Assistant to the City Manager to obtain that data. Council Member Amburgey commented that it may be neces- sary to obtain a ruling from the Department of Housing and Urban Development (HUD) if the intent is to have the nonprofit corporation disperse Housing and Community Development Block Grant (CDBG) funds. Mayor Buffa asked the City Attorney to contact HUD to obtain an opinion. As outlined in his memorandum, Mayor Buffa stated that proceeds from the Festival of Britain Costa Mesa Civic Council Member Genis stated that even though she will support the motion, it does not mean she will endorse public tax money being deposited with this corporation. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented City Attorney Report No. 90-39 and Council Members a proposed ordinance concerning Council Members attend - Attendance, at ance at Council meetings. Council Meetings The City Attorney requested a 30 -day continuance so that he could do further research on constitutional issues. A motion was made by Council Member Amburgey, seconded by Council Member Buffa, to continue this item for 30 days; however, Council Member Amburgey withdrew his motion because he believed the ordinance to be unconsti- tutional, unenforceable, and unnecessary. Dinner event would serve as "start up" money for the nonprofit organization. Council Member Genis was uncomfortable with having the nonprofit corporation disperse Federal tax dollars because the Council is accountable for tax money. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Corporation Approved by Mayor Buffa, approving establishment of a nonprofit in Concept; Resolu- corporation, directing the City Manager and City tion 90-79 Adopted Attorney to return with an appropriate staff report and enabling documents; and adopting Resolution 90-79, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ESTABLISH A SPECIAL ACCOUNT ENTITLED, "COSTA MESA CARES". Council Member Genis stated that even though she will support the motion, it does not mean she will endorse public tax money being deposited with this corporation. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented City Attorney Report No. 90-39 and Council Members a proposed ordinance concerning Council Members attend - Attendance, at ance at Council meetings. Council Meetings The City Attorney requested a 30 -day continuance so that he could do further research on constitutional issues. A motion was made by Council Member Amburgey, seconded by Council Member Buffa, to continue this item for 30 days; however, Council Member Amburgey withdrew his motion because he believed the ordinance to be unconsti- tutional, unenforceable, and unnecessary. MOTION A motion was made by Mayor Buffa, seconded by Vice Mayor Continued to Hornbuckle, to continue the item to November 5, 1990. November 5, 1990 Council Member Genis recommended that the ordinance stipulate that a Council Member would be allowed to leave because of illness. She also was concerned that a Council Member may not attend the meeting at all if he/she had to leave early. Vice Mayor Hornbuckle requested that staff obtain data from other cities. The motion to continue the item carried 4-1, Council Member Amburgey voting no. NEW BUSINESS The Clerk presented two agreements concerning Metro Fire Metro Fire Station No. 6: Station No. 6 Draft exchange agreement with Sakioka Farms, Incorpor- ated, 14850 Sunflower Avenue, Santa Ana, regarding a more preferred location for the station. Agreement with S.G.P.A. Architecture and Planning, 2603 Main Street, Suite 810, Irvine, for $121,655.00, to design the station. The Deputy City Manager/Development Services referred to the City Attorney's report dated September 25, 1990, concerning the exchange agreement; and a report from the Administrative Fire Chief dated September 27, 1990, regarding the professional services agreement. He reported that staff recommended approval of the exchange agreement in concept only, and approval of the design . agreement. Responding to a question from Council Member Amburgey fire and the name of regarding the name of the station the street on which it will be located, George Sakioka stated that the Sakioka Family did not feel it necessary to name the fire station after them since there already is a street named Sakioka Drive. As to the name of the street (now called "A" Street), Mr. Sakioka commented that a decision has not yet been made as to whether the street will be public or private. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Draft Exchange Council Member Amburgey, and carried 5-0, to approve Agreement Approved the draft exchange agreement in concept, subject to the in Concept final appraisal of Parcels A and B, certification of title documents, approval of the lot line adjustment, and approval of the final agreement by the City Manager and City Attorney. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Approved Agreement Council. Member Amburgey, approving the agreement with with S.G.P.A. S.G.P.A., 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 CITY ATTORNEY The City Attorney reported that he has received a copy REPORT of the judgment that involved Proposition 73, and after Proposition 73 he has reviewed it, an advisory will be sent to the Council. CITY MANAGER The Deputy City Manager/Development Services presented REPORT a Status Report dated September 20, 1990, concerning Photographs Council's request to investigate an incident regarding Taken at Goat photographs taken of Sheila Ward by Mr. Ziemer, Henry N' Hill Tavern Harry's Goat Hill Tavern. He reported that based on the report, no violations occurred. Mayor Buffa commended Police Investigator Wilson for the thoroughness of his report. No action was required. CITY MANAGER The Deputy City Manager/Development Services presented REPORT the following item to be placed on the Agenda provided Economic Impact a four-fifths vote of the Council approves it: proposal Analysis of the from CIC Research, Incorporated, 1215 Cushman Avenue, 1990 Festival of San Diego, to prepare an Economic Impact Analysis of the Britain 1990 Festival of Britain at a cost of $12,500.00. He reported that CIC will be able to meet the time frame required by the City. Motion to Add the A motion was made by Vice Mayor Hornbuckle, seconded Item to the Agenda by Council Member Genis, to consider this item as an Failed to Carry urgency measure and add it to the Agenda since the Festival starts on October 12, 1990, and there are no Council meetings scheduled before that date. Council Member Amburgey commented that it would be premature to do an analysis"now because representatives from the Festival of Britain stated that the City's return would be realized over a two-year period. The Deputy City Manager mentioned that it may be helpful to have this data available when making decisions on future festivals. The Assistant to the City Manager remarked that the analysis would be an asset for future Councils. The motion to place this item on the Agenda failed to carry 3-2, Council Members Amburgey and Glasgow voting no. (Four votes in favor were required.) Special Meeting Vice Mayor Hornbuckle requested that this item be placed on October 8, 1990 on the Agenda for October 15, 1990. During discussion concerning the possibility of calling a special meeting to consider the CIC Research proposal, the Deputy City Manager reported that the City Manager had suggested a special meeting following the regular Study Session on October 8, 1990, so that Council could review the performances of the City Manager and the City Attorney. Mayor Buffa directed the City Attorney to proceed with the necessary steps to hold a special meeting on October 8. Council Member Glasgow announced that he would be absent the next two Mondays because of a conference in Fresno. COUNCIL MEMBERS Council Member Genis suggested that when consideration COMMENTS is being given to naming City buildings, streets, parks, etc., the list of names should include Fanny Bixby Naming City Spencer, who donated the first park to the City. Facilities Vice Mayor Hornbuckle stated that Council Member Genis's comment reminded her of another founding mother, Norma Hertzog, the first woman to be elected to the City Council. She suggested adding Norma's name to the list for naming City facilities. Festival of Britain Council Member Glasgow made a comment about the banners Banners which have been placed all over the City with the words, "Festival of Britain, Orange County". 4 186 Reserving Community- Council Member Glasgow requested a report from staff on Services Van the feasibility of changing the policy of the Community Services Department on making reservations for the use of the van. He stated that the present policy requires that reservations only can be made on the day the van is needed. He felt that staff should allow reservations to be made the day before. Wells Place Vice Mayor Hornbuckle expressed her concern about a Project project on Wells Place which was approved by Council several months ago and is now under construction. She requested a brief report frau the Deputy City Manager. Death of Mayor Buffa mentioned that General Curtis Le May passed General Le May away earlier in the day. ADJOURNMENT The Mayor declared the meeting adjourned at 12:15 a.m. Mayor of the City o sta Mesa ATTEST: City CTerk-,of the City of Costa sa 1