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HomeMy WebLinkAbout11/05/1990 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 5, 1990 The City Council of the City of Costa Mesa, California, met in regular session November 5, 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 Galal Gough, First United Methodist 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: None Officials Present: City Manager Allan Roeder Deputy City Manager/Develop- ment Services Donald Lamm City Attorney Thomas Kathe Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Vice Mayor Hornbuckle, seconded by Council October 15, 1990 Member Amburgey, and carried 5-0, the minutes of the regular meeting of October 15, 1990, were approved as distributed. 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 read a proclamation declaring November 6, United States 1990, as "United States Navy Day". The Mayor presented Navy Day the document to Timothy Nunow of the Navy. ORAL Janice Davidson, 1982 Arnold Avenue, Costa Mesa, spoke COMMUNICATIONS about three issues: (1) The danger of pedestrians' wearing dark clothing at night, making it difficult for Davidson Comments motorists to see them; (2) Complaints she received from west side residents about literature scattered all over the streets; and (3) The poor condition of the parks on the west side, especially when compared with parks in the Mesa Verde area. Measure "W" Anne Shereshevsky, 2152 Elden Avenue, Costa Mesa, was Fireworks concerned about there being no ballot arguments against the continued sale of safe and sane fireworks within the City of Costa Mesa (Measure "W" on the November 6, 1990, ballot). Audrey Buck, 1890 Parkcrest Drive, Costa Mesa, repre- senting the Estancia Music Program, stated that this organization depends on the sale of fireworks as a fund- raising mechanism for its music programs. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 5, Resolution.,' -setting a public hearing to consider vacating the public`street at Newport Boulevard and 17th Street; and`-Itdm 15, Resolution and Quitclaim FJ U Deed for vacation of a sidewalk easement to the State of California in connection with construction of the I-405- Freeway/South Coast Drive offramp. Drug-free Zones On motion by Vice Mayor Hornbuckle, seconded by Council Around Schools Member Amburgey, and carried 5-0, a letter from Judith A. Franco, Board of Education, Newport -Mesa Unified MOTION/Referred to School District, Post Office Box 1368, Newport Beach, Substance Abuse supporting the concept of establishing drug-free zones Committee around schools, was referred to the Substance Abuse Committee for recommendation. 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: Michael Richards; and Bob Christie, Joe Rose, and Larry Rose. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Park Abrams Opera - Licenses tions, Incorporated, doing business at 2902 Red Hill Avenue; Jimmie and Tsuyako Hikida, doing business as Jim's Market, 743 West Baker Street, Suite E; The Southland Corporation, doing business as 7 -Eleven Store No. 2172-13795, 1097 Baker Street; and Tamico Enterprises, Incorporated, doing business as Sportpage Saloon, 1562 Newport Boulevard, Suites C and D. BUSINESS PERMITS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the following Notices MOTION of Intention to Appeal or Solicit for Charitable Purpose Permits Approved were approved with application of Municipal Code Section 9-127(d): Celebrate Freedom Celebrate Freedom Outreach, 2316 South Harbor Boule- Outreach vard, Suite 518, Anaheim, by soliciting funds Novem- ber 1, 1990, to October 31, 1991. Vantage Foundation Vantage Foundation, Incorporated, 661 Hamilton Street, No. 710, Costa Mesa, by soliciting funds from Novem- ber 1, 1990, to October 31, 1991. Jewish War Veterans Jewish War Veterans Post 595, 851 Presidio Drive, Costa Mesa, by soliciting funds from November 6 to 16, 1990. Costa Mesa Spanish Costa Mesa Spanish Seventh Day Adventists, 271 Avocado Seventh Day Street, Costa Mesa, by soliciting funds from Novem- Adventists ber 15 to December 31, 1990. 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: ODUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, a letter from Gay Letter Concerning Geiser -Sandoval, 3408 Geranium Street, Costa Mesa, Landscaping Assess- regarding the tax for maintaining Costa Mesa Landscaping ment District No. 1 Assessment District No. 1, located south of Sunflower Avenue and east of Smalley Road (Tracts 9901 and 12011), MOTION/Referred to was referred to the Community Services Director for a Community Services response. Drug-free Zones On motion by Vice Mayor Hornbuckle, seconded by Council Around Schools Member Amburgey, and carried 5-0, a letter from Judith A. Franco, Board of Education, Newport -Mesa Unified MOTION/Referred to School District, Post Office Box 1368, Newport Beach, Substance Abuse supporting the concept of establishing drug-free zones Committee around schools, was referred to the Substance Abuse Committee for recommendation. 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: Michael Richards; and Bob Christie, Joe Rose, and Larry Rose. Alcoholic Alcoholic Beverage Licenses for which parking has been Beverage approved by the Planning staff: Park Abrams Opera - Licenses tions, Incorporated, doing business at 2902 Red Hill Avenue; Jimmie and Tsuyako Hikida, doing business as Jim's Market, 743 West Baker Street, Suite E; The Southland Corporation, doing business as 7 -Eleven Store No. 2172-13795, 1097 Baker Street; and Tamico Enterprises, Incorporated, doing business as Sportpage Saloon, 1562 Newport Boulevard, Suites C and D. BUSINESS PERMITS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the following Notices MOTION of Intention to Appeal or Solicit for Charitable Purpose Permits Approved were approved with application of Municipal Code Section 9-127(d): Celebrate Freedom Celebrate Freedom Outreach, 2316 South Harbor Boule- Outreach vard, Suite 518, Anaheim, by soliciting funds Novem- ber 1, 1990, to October 31, 1991. Vantage Foundation Vantage Foundation, Incorporated, 661 Hamilton Street, No. 710, Costa Mesa, by soliciting funds from Novem- ber 1, 1990, to October 31, 1991. Jewish War Veterans Jewish War Veterans Post 595, 851 Presidio Drive, Costa Mesa, by soliciting funds from November 6 to 16, 1990. Costa Mesa Spanish Costa Mesa Spanish Seventh Day Adventists, 271 Avocado Seventh Day Street, Costa Mesa, by soliciting funds from Novem- Adventists ber 15 to December 31, 1990. Mardan Foundation Mardan Foundation for Educational Therapy, 1 Osborn, Irvine, by soliciting funds from November 6, 1990, to November 5, 1991. California Public California Public Interest Research Group, 3345 Nem Interest Research port Boulevard, No. 211, Newport Beach, by soliciting Group funds for a 45 -day period. National National Organization on Smoking, Alcohol and Drugs, Organization on 419 Main Street, Suite 47, Huntington Beach, by Smoking, Alcohol soliciting funds from November 6, 1990, to November 5, and Drugs 1991. WN1UZMTS On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, Warrant Resolution 1479, including Pay - MOTION roll 9021, was approved by the following roll call vote: Warrant 1479 AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Approved Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIM On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, and carried 5-0, the claim from Janet Brooks E. Brooks was rejected. ADMINISTRATIVE ACTIONS Bid Item 904 Fiberglass Community Pool MOTION Awarded to Glass -Coat Systems Bid Item 908 Photo Direct Platemaker MOTION Awarded to A. B. Dick Company Purchase of Standard Tiller Enclosure from Middleboro Fire Apparatus MOTION Purchase Approved Bids received for Bid Item 904, Fiberglass the Community Swimming Pool, are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, the contract was awarded to Glass -Coat Systems, Incorporated, 11497 Folsom Boulevard, Rancho Cordova, for $7,950.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Bids received for Bid Item 908 are on file in the Clerk's off Mayor Hornbuckle, seconded by the contract was awarded to A. Cadillac Avenue, Costa Mesa, f carried by the following roll AYES: COUNCIL MEMBERS: None None , Photo Direct Platemaker, ice. On motion by Vice Council Member Amburgey, B. Dick Company,'3598 or $11,395.31. The motion call vote: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, authorization was given to purchase a standard tiller enclosure for the Fire Department from sole source vendor, Middleboro Fire Apparatus, Incor- porated, 15 Wareham Street, Middleboro, Massachusetts, for $9,796.88. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Purchase of Radios On motion by Vice Mayor Hornbuckle, seconded by Council and Equipment from Member Amburgey, authorization was given to purchase Motorola five radios and ancillary equipment for the Police Department from sole source vendor, Motorola Communica- MOTION tions and Electronics, Incorporated, 790 The City Drive, Purchase Approved Nexus Square, Suite 150, Orange, for $17,274.88. The motion carried by the following roll call vote: 1 1 Budget Adjustment 91-20/Fairgrounds Bike Trail MOTION Adjustment Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None A motion was made by Vice Mayor Hornbuckle, seconded by Council Member Amburgey, approving Budget Adjustment No. 91-20, to provide for additional funding for construction of the Orange County Fairgrounds bike trail. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT:- COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow None None Notice of Completion Site Preparation of 24 Lots Along Victoria Street, Pomona Valley Equip- Project V-90-04, was completed to the satisfaction of ment Rentals the Public Services Director on October 9, 1990, by Pomona Valley Equipment Rentals, Incorporated, 11532 Site Preparation of East End Avenue, Chino. On motion by Vice Mayor 24 Lots on Victoria Hornbuckle, seconded by Council Member Amburgey, the Street; Project work was accepted; the Clerk was authorized to file a V-90-04 Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor MOTION and Material Bond was ordered exonerated 7 months Work Accepted thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion 1989-90 Measure "C" New Sidewalk Contruction, Project Damon Construction 90-05, was completed to the satisfaction of the Public Services Director on'October 4, 1990, by Damon Construc- 1989-90 Measure "C" tion Company, 455 Carson Plaza Drive, Unit F, Carson. New Sidewalk On motion by Vice Mayor Hornbuckle, seconded by Council Construction; Member Amburgey, the work was accepted; the Clerk was Project 90-05 authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; MOTION the Labor and Material Bond was ordered exonerated 7 Work Accepted months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:. None Completion of Street and storm drain improvements for Planning Action Improvements for PA -88-81, for property at 401 East 17th Street, were PA -88-81 by McVay completed to the satisfaction of the Public Services Director by Cecil and Gladys McVay, 2710 Lake Park Lane, MOTION Newport Beach. On motion by Vice Mayor Hornbuckle, Work Accepted seconded by Council Member Amburgey, the work was accepted, and authorization was given to release Time Certificate of Deposit No. 10207-55 for $15,000.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Public Services Director recommended approval of an MacMillin and agreement with MacMillin and Associates, 3631 South Associates Harbor Boulevard, Suite 125, Santa Ana, for $8,500.00, to appraise properties for construction of cul-de-sacs 6 A.V Appraisal Services and minor improvements for the Victoria Street widening. for Victoria Street On motion by Vice Mayor Hornbuckle, seconded by Council Widening Project Member Amburgey, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the MOTION City. The motion carried by the following roll call Agreement Approved vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Amendments to Fire- The Personnel Services Director recommended approval of fighters Benefit amendments to the Costa Mesa Firefighters Post Retire - Plan ment Medical Benefit Plan as outlined in his memorandum dated October 17, 1990. On motion by Vice Mayor MOTION Hornbuckle, seconded by Council Member Amburgey, and Amendments Approved carried 5-0, the amendments were approved. Refund to Hartford A motion was made by Vice Mayor Hornbuckle, seconded Life Insurance/ by Council Member Amburgey, approving a refund of Firefighters Fees $10,716.42 to Hartford Life Insurance Companies, Benefit Unit/Asset Management Services, Post Office Box 2999, MOTION Hartford, Connecticut, for overpayment in connection Refund Approved with the Firefighters Association fees. 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 Agreement with The Assistant to the City Manager recommended approval Gary L. Vogt and of an agreement with Gary L. Vogt and Associates, 27665 Associates Forbes Road, Suite 206, Laguna Niguel, for $5,500.00, to appraise property on existing and proposed sites for Property Appraisal Fire Station No. 6. On motion by Vice Mayor Hornbuckle, for Fire Station seconded by Council Member Amburgey, the agreement was No. 6 approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the MOTION following roll call vote: Agreement Approved AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None SET FOR PUBLIC Item 5 on the Consent Calendar was presented: Resolu- HEARING tion setting a public hearing to consider the vacation Vacation of Public of a public street at the southeast corner of Newport Street at Newport Boulevard and old 17th Street. Boulevard and Old 17th Street Jin S. Kim, representing Wienerschnitzel, 1696 Newport Boulevard, Costa Mesa, was concerned about the entrance to the business being blocked by posting notices of public hearing. The Public Services -Director reported that affected property owners will be notified of the public hearing on December 3, 1990; at which time Council will receive public testimony. Mayor Buffa advised Mr. Kim that posting notices at the subject site will not affect entry into the business, and he suggested that Mr. Kim contact the Public Services Director for clarification of the procedures to vacate a public street. MOTION Resolution 90-81 A motion was made by Vice Mayor Hornbuckle, seconded by Adopted; Hearing Council Member Amburgey, to adopt Resolution 90-81, A Set for December 3, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA 1990 MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE 11 A16 Ab, VACATION OF A PUBLIC STREET LOCATED AT THE SOUTHEAST CORNER OF NEWPORT BOULEVARD AND OLD 17TH STREET, setting a public hearing on December 3, 1990, at 6:30 p.m., in the Council Chambers of City Hall. 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 Vacation of Side- Item 15 on the Consent Calendar was presented: Resolu- walk Easement for tion and Quitclaim Deed for vacation of a sidewalk I-405/South Coast easement to the State of California in connection with Drive Offramp construction of the I-405 Freeway/South Coast Drive of framp. The Public Services Director requested the Mayor to allow public input since 600 notifications were mailed to affected property owners. There were no public comments. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Quit Claim Deed Council Member Amburgey, to approve the Quit Claim Deed Approved; and authorize the Mayor and Clerk to sign; and to adopt Resolution 90-82 Resolution 90-82, A RESOLUTION OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA, CALIFORNIA, VACATING AN EASEMENT FOR SIDEWALK PURPOSES TO THE STATE OF CALIFORNIA. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing, continued from Appeal of PA -90-104 the meeting of October 15, 1990, to consider an appeal Fiock of the Planning Commission's decision for Planning Action PA -90-104 from Richard Fiock, 2479 Orange Avenue, Costa Mesa, for a variance from side setback require- ments (36 feet required, 7 feet proposed); from guest parking requirements (23 spaces required, 22 spaces proposed); and from garage door width requirements (18 feet required, 16 feet proposed) for construction of nine residential condominiums at 2253 Canyon Drive in an R2 zone. Environmental Determination: Negative Declar- ation. (The Planning Commission denied the variance from side setback requirements.) While summarizing the Staff Report and staff's memoran- dum dated October 31, 1990, the Deputy City Manager/ Development Services pointed out that the Planning Commission and staff felt it inappropriate to approve the side setback variance until final disposition of the General Plan is known, that is, whether or not Wilson Street will remain a commuter street (60 feet wide) as indicated by Council during its General Plan Update hearings, or developed as a primary street with an ultimate width of 106 feet as shown in the current General Plan. The Deputy City Manager reported that a variance would not be required if Wilson Street were to remain a commuter street. Council Member Genis was concerned about the project's having three driveways on Canyon Drive because it reduces the amount of curbside parking. Craig Hampton, architect for the project, 18102 Sky Park South, Suite A-1, Irvine, reported that this project was approved by the Planning Commission, except for the set- back on Wilson Street (PA -89-83), and he expected the ") _! !'l 61 !; General Plan Update to be adopted prior to expiration of Planning Action PA -89-83. He commented that if the General Plan Update were in force, the variance from side setback requirements would not be required and the project could proceed. During discussion, the City Attorney explained that Council must find that the project is consistent with the General Plan; however, the current General Plan indicates that a portion of the site along Wilson Street will be used for public right-of-way. Richard Fiock asked if it would be appropriate to file a General Plan Amendment at this time, and the Mayor responded that it would be premature to do so. Dick Sherrick, 3146 Country Club Drive, Costa Mesa, commented that it would be premature to grant the variance without knowing the affect it would have on both 19th and Victoria Streets. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Approved Variances Council Member Ambutgey, and carried 5-0, upholding the from Guest Parking Planning Commission's approval of the variances from and Garage Door guest parking and garage door width requirements subject Width Requirements to conditions contained in the Staff Report. MOTION A motion was made by Mayor Buffa, seconded by Council Variance for Side Member Amburgey, and carried 5-0, directing the Deputy Setback Continued City Manager/Development Services and the City Attorney to November 19, to confer and come back to Council at the meeting of 1990 November 19, 1990, with clarification of the avenues available for the variance from side setback require- ments, particularly in view of the General Plan issue. PUBLIC HEARINGS The Clerk announced that this was the time and place for Robert Cirac/Doug GP -90-04A and set for the public hearings R-90-07 Young, 8931 Bosun Circle, Huntington Beach, authorized Cirac/Young/Ryan agents for Ed Ryan, same address, for property at 116 and 120 - 21st Street: General Plan Amendment GP -90-04A, to change the land use designation from Neighborhood Commercial to High Density Residential; and Rezone Petition R-90-07, to change the zoning from C2 to R4. Environmental Determination: Negative Declaration. The requested change will affect the required setback on adjacent commercial property. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services referred to staff's memorandum dated October 22, 1990, reporting that the Planning Commission recommended a land use designation of Medium Density Residential and a rezone to R2. He explained the Code requirements for noncon- forming uses when extensive damage has been done to the building(s) amounting to 50 percent of the value. Doug Young answered questions from Council, and mentioned that it is difficult to obtain financing and insurance for a nonconforming use. There being no other speakers, the Mayor closed the public hearing. ' MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Adopted Negative Member Genis, and carried 5-0, the Negative Declaration Declaration of Environmental Impact was adopted. MOTION A motion was made by Vice Mayor Hornbuckle, seconded Resolution 90-83 by Council Member Genis, adopting Resolution 90-83, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -90-04A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, stipulating a land use designation of Medium.Density Residential. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis, Glasgow NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Ordinance 90-16 Member Genis, Ordinance 90-16, AN ORDINANCE OF THE CITY Given First COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Reading THE ZONING OF PROPERTY AT 116 AND 120 - 21ST STREET FROM C2 TO R2, 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 ANNOUNCEMENT The next item was taken out of order because of the applicant's request for a continuance. NEW BUSINESS The Clerk presented a request from Oriental Rug Inter - Extension of Permit national, 111 East 19th Street, Costa Mesa, for a 90 -day for Close-out Sale extension of a permit for a close-out sale. for Oriental Rug International A letter was received from Nadir Pirniakan, owner of the business, requesting a two-week`continuance. As requested by Vice Mayor Hornbuckle, the Deputy City Manager/Development Service stated that staff will investigate the legality of the signage at the subject business. MOTION A motion was made by Mayor Buffa, seconded by Vice Mayor Continued to Hornbuckle, and carried 5-0, to continue this item to November 19, 1990 November 19, 1990, and directing staff to advise the applicant that final action will be taken at that time. OLD BUSINESS A motion was made by Vice Mayor Hornbuckle, seconded by R-90-09 Council Member Amburgey, to give second reading and Hogle/Burge adopt Ordinance 90-15, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE MOTION ZONING AT 125 MESA DRIVE FROM R2 TO PDC, in connection Ordinance 90-15 with Rezone Petition R-90-09, Hogle/Burge (Newport Adopted Harbor Animal Hospital). The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Buffa, Hornbuckle, Amburgey, Genis NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented frcm the meeting of October 15, 1990, Allocation of requests for Advertising and Promotional funds from "We Advertising and Tip", Orange County Model Engineers, and Newport Harbor Promotional Funds High Aquatics Booster Club/Pool Restoration Committee. The City Manager referred to the memorandum from his office dated October 30, 1990, which contains additional data requested by Council on requests for $4,593.75 from "We Tip", and $10,000.00 from the Model Engineers; as well as a new request for $152,000.00 from the Newport Harbor High Aquatics group. MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Allocation for Council Member Amburgey, and carried 5-0, the request "We Tip" Denied from "We Tip" was denied based on information received from the Police Department. Hank Hornsveld, President of the Orange County Model Engineers, 270 Princeton Drive, Costa Mesa, answered questions from Council on the use of funds and "in kind" contributions provided by the City to date. Mayor Buffa advised Mr. Hornsveld of Council's concern that neither a Master Plan nor a budget for the project have been submitted to the City. Mr. Hornsveld replied that a Master Plan and budget are available and will be submitted as soon as possible. Council Member Amburgey suggested that Mr. Hornsveld work with staff to determine the number of Costa Mesa residences using the services. Anne Shereshevsky, 2152 Elden Avenue, Costa Mesa, asked for confirmation that the model railroad is located at Fairview Park, and commented that many people are not aware that the railroad exists. Mayor Buffa replied that since the project has not been completed as yet, very little advertising has been done; however, children are given train rides on certain weekends. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Decision on Model Member Genis, and carried 5-0, a decision on the grant Railroad Funds was deferred until the Master Plan and budget are Deferred submitted to the Fairview Park Committee. Robert Lunde, Chairman, Newport Harbor High Olympic Pool Restoration Committee, 1938 Westminster Avenue, Costa Mesa, described the poor condition of the pool building and facilities which were built in 1972. Mr. Lunde commented that participation in the aquatics programs will continue to decline if the facility is allowed to deteriorate any further. Mark Desmond, Head Coach and President, Pacific Coast Aquatics, reported that this organization has used the Newport Harbor facility for a number of years, and half of the participants are Costa Mesa residents. Mr. Desmond mentioned that the facility is the only long course pool in the community. During discussion, Council Member Amburgey commented that there are not enough programs for Costa Mesa children at Harbor High to warrant this type of expendi- ture. He suggested that it would be more appropriate to upgrade the pool at the Downtown Community Center. Motion to Deny A motion was made by Council Member Amburgey, seconded Failed to Carry by Council Member Glasgow, to deny the request for $152,000.00. Mayor Buffa commented that even though the amount being requested is too high, he could support a lesser amount. Council Member Genis agreed with the Mayor's comments. The City Manager stated that if Council is interested in considering a lesser amount, this request could be resubmitted in January, 1991, during the second phase for allocating Advertising and Promotional funds. 1 The motion to deny the request failed to carry 3-2, Council Members Buffa, Hornbuckle, and Genis voting no. MOTION Vice Mayor Hornbuckle agreed that the amount of the Newport Harbor request is too high, and made a motion to reexamine the Aquatics Request proposal, which shall include costs for specific items Continued to of improvement, and to consider the request during the Second Phase second phase of allocating Advertising and Promotional Funding Period funds. The motion was seconded by Council Member Glasgow, and carried 5-0. NEW BUSINESS The Clerk presented a request from the Substance Abuse Additional Members Committee to increase its membership by including an for Substance attorney and representatives from the business community. Abuse Committee Discussion ensued regarding the number of members to be MOTION added to the committee, and thereafter, a motion was Approved Two made by Vice Mayor Hornbuckle to expand the committee Additional Members by two members. The motion was seconded by Council on the Committee Member Genis, and carried 5-0. NEW BUSINESS Child Care Commit- tee Appointment The Clerk presented a request to appoint a member to the Child Care Committee to fill a vacancy. Clark Appointed Specialist at Costa Mesa Branch, Library. Hornbuckle, seconded by Wally Clark, Children's Orange County Public A motion was made by Vice Mayor MOTION Council Member Genis, to appoint Council Member Amburgey pointed out that Mr. Clark is not a Costa Mesa resident, and was concerned about his being transferred to another branch. Council Member Glasgow opposed the motion because he felt Patricia Bradley was a more qualified applicant. The motion to appoint Mr. Clark carried 3-2, Council Members Amburgey and Glasgow voting no. Former Mayor Mayor Buffa recognized former Costa Mesa Mayor Donn Recognized Hall. CITY ATTORNEY The; City Attorney summarized his Report No. 90-48 dated REPORTS October 26, 1990, concerning a request from Council Review of City Member Glasgow fora review of all City contracts for Contracts fiscal years 1987-88, 1988-89, and 1989-90, to deter- mine whether they comply with applicable State and City requirements. The City Attorney reported that he reviewed over 405 agreements, 17 of which are listed in Exhibit "A" as being inconsistent with applicable regulations. No action was required. ANNOUNCEMENT Mayor Buffa announced that the remaining items under Closed Session City Attorney Reports will be discussed in Closed Items Session after regular business has been completed. CITY MANAGER The City Manager presented his request for Council REPORT direction regarding placement of promotional banners Banners in Public within the public right-of-way. He referred to his Right -of -Way memorandum dated November 1, 1990, which discusses the increasing number of inquiries being received, especi- ally since the extensive placement of banners for the "Festival of Britain" this past October. He recommended prohibiting banners in the public right-of-way until a policy and/or a Municipal Code revision is adopted. Discussion ensued on the definition of "City -supported", and whether to allow banners advertising City -supported activities placed in the public right -of, -way. it 4 MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Staff Directed Council Member Amburgey, and carried 5-0, directing to Draft Policy; staff to bring back a policy that would address ques- Moratorium tions raised in the City Manager's memorandum, and in Authorized the interim, place a moratorium on all banner permits. Council Member Genis asked that staff also investigate the possibility of regulating the banners' contents. COUNCIL MEMBERS Council Member Genis encouraged all eligible citizens to COMMENTS vote on November 6, and spoke about adding "none of the Statewide Election above" to the ballots to encourage a larger turnout. City's Financial Council Member Genis mentioned recent talk about a Status possible recession, she was interested in knowing the mid -year status of the City's revenues in comparison to the projection contained in the 1990-91 Budget so that appropriate budget adjustments can be made. Council Member Amburgey commented that in regard to a possible recession, a newspaper article indicated that any recession will be minor and short-lived. Council Districts Based on the expenses involved with running for Council, Council Member Glasgow suggested that it would be appro- priate to consider voting by districts. Misleading Campaign Vice Mayor Hornbuckle displayed two pieces of campaign Literature literature printed by supporters of Measure "W" (fire- works issue) which she felt were deliberate attempts to mislead the electorate. Traffic Volume Mayor Buffa reported that he received a petition from and Speed on residents on 19th Street, between Irvine Avenue and New - 19th Street port Boulevard, expressing their concern about traffic volume and speed. It was the Mayor's understanding that this issue will be heard by the Transportation Commis- sion; however, he requested that staff proceed with a traffic count now. Election Mayor Buffa urged citizens to vote on November 6. ADJOURNMENT TO At -8:30 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss pending and potential litigation pursuant to Government Code Sections 54956.9(a), 54956.9(b)(1), and 54956.9(c): Fair Board City of Costa Mesa vs. Orange County Fair Board; Tim Green Lawsuit Tim Green vs. Orville Amburgey, et al, Orange County Superior Court Case No. 63-93-04; and Ned West Lawsuit Ned West vs. City of Costa Mesa, et al, Orange County Superior Court Case No. 42-07-28. ADJOURNMENT The Mayor declared the meetin adjourned at 9:25 p.m. Mayor of the City o to Mesa ATTEST: ity Clerk of the City of Costa w1bsa