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HomeMy WebLinkAbout05/06/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 6, 1991 The City Council of the City of Costa Mesa, California, met in regular session May 6, 1991, 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 Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Jay Humphrey Council Members Absent: Officials Present: Council Member Edward Glasgow 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 Assistant to the City Manager Rick Pickering MINUTES On motion by Vice Mayor Genis, seconded by Council April 15 and Member Buffa, and carried 4-0, the minutes of the regu- 16, 1991 lar meeting of April 15, 1991, and the regular adjourned meeting of April 16, 1991, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by m Vice Mayor Genis, and carried 4-0, to read all ordi- nances by title only. PROCLAMATION Mayor Hornbuckle read a proclamation declaring the Month Older Americans of May as "Older Americans Month". Marie Maples, Chair - Month person of the Senior Citizens Advisory Committee, intro- duced Rudy Fchliebe, who accepted the proclamation on behalf of Older Americans. Chiropractic Well- Mayor Hornbuckle read a proclamation declaring May 12 ness Week/Good through 18, 1991, as "Chiropractic Wellness Week", and Posture Month May, 1991, as "Good Posture Month". ORAL Anne Hogan-Shereshevsky, 2152 Elden Avenue, Apartment 1, COMMUNICATIONS Costa Mesa, representing the Costa Mesa Civic Associa- tion, announced their next meeting will be held May 7, Costa Mesa Civic 1991, from 7:00 p.m. to 9:00 p.m., at the Costa Mesa Association Police Substation, 567 West 18th Street, Costa Mesa. She encouraged action to ban the sale and use of "safe Fireworks and sane" fireworks, and suggested this issue be placed on the May 20, 1991, Council agenda. She noted there will be a Community Fireworks Display on July 4th on the Orange Coast College campus. CONSENT CALENDAR The following item was removed from the agenda: Item 22, Resolution authorizing donation of a surplus paramedic ambulance to Marisol Residence, Incorporated. The following items were removed from the Consent Calen- dar: Item 2, American National Veterans solicitation permit; Item 12, Claim from Potlach Corporation; Item 20, License agreement with Southern California College for parking lot use; and Item 25, Budget Adjustment for the traffic signal modification project. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey - NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow READING FOLDER On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Thomas M. Foley; Karl Jay Schuler; and William Thompson. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Hanour Corporation, doing business as The Shark Club, 841 Baker Street; and Katsuyuki Takaki, doing business as Seventeen Sushi, 369 East 17th Street, Suite 17. Public Notice from Desert Holiday Broker's Inc., doing busi- Utilities ness as U.S.A. Shuttle, that an application has been Commission filed with the California Public Utilities Commission, for authority to operate a door-to-door airport shuttle van within the community. Alternate Site Resolution from the City of Westminster urging the for League of California League of Cities Board of Directors to Cities Meeting arrange for an alternate site for the annual meeting scheduled for October 13 to 16, 1991, in the City of San Francisco. BUSINESS PERMITS On motion by Council Member Buffa, seconded by Vice Pars Oriental Rugs Mayor Genis, and carried 4-0, the request from Pars Oriental Rugs, Incorporated, 419 East 17th Street, Costa MOTION Mesa, for extension of Close -Out -Sale Permit No. 3131 Extension Approved from May 20, 1991, to September 20, 1991, was approved. National Awareness Notice of Intention to Appeal or Solicit for Charitable Foundation Purpose was received from National Awareness Foundation, 601 Pennsylvania Avenue, Washington, D.C., by soliciting MOTION funds from May 1, 1991, through May 1, 1992. On motion Permit Approved by Council Member Buffa, seconded by Vice Mayor Genis, and carried 4-0, the permit was approved with applica- tion of Municipal Code Section 9-127(d). Veterans of Foreign Notice of Intention to Appeal or Solicit for Charitable Wars Purpose was received from Veterans of Foreign Wars, Coast Line Post No. 3536, 567 West 18th Street, Costa MOTION Mesa, by soliciting funds through sale of "Buddy Permit Approved Poppies" on May 17 and 18, 1991. On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 4-0, the permit was approved with application of Munici- pal Code Section 9-127(d). SET FOR PUBLIC On motion by Council Member Buffa, seconded by Vice HEARING Mayor Genis, Resolution 91-32, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Vacation Newport DECLARING ITS INTENTION TO ORDER THE VACATION OF A Boulevard/Old PUBLIC STREET LOCATED AT THE SOUTHEAST CORNER OF NEWPORT 17th Street BOULEVARD AND OLD 17TH STREET, setting a public hearing MOTION on June 3, 1991, at 6:30 p.m., was adopted by the Resolution 91-32 following roll call vote: Adopted; Hearing Set AYES: COUNCIL MEMBERS: Hornbuckle, Genis, for June 3, 1991 Buffa, Humphrey NOES: COUNCIL MEMBERS: None - ABSENT: COUNCIL MEMBERS: Glasgow WARRANTS On motion by Council Member Buffa, seconded by Vice Mayor Genis, Warrant Resolution 1492, including Payroll MOTION 9108, was approved by the following roll call vote: Warrant 1492 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Approved Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow REJECTED CLAIMS On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 4-0, the following claims were rejected: Blumer/Runner Jeanne Blumer and Tim Runner Brownfield Michael Brownfield Kolbinsky Jackie Kolbinsky Pacific Bell Pacific Bell ADMINISTRATIVE Bids received for Bid Item 925, One Rotary Mower, are ACTIONS on file in the Clerk's office. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the contract Bid Item 925 was awarded to Pacific Equipment & Irrigation, Incorpo- One Rotary Mower rated, 19515 East Walnut Drive North, City of Industry, for $42,056.85. The motion carried by the following MOTION roll call vote: Awarded to AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Pacific Equipment Buffa, Humphrey & Irrigation NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Bid Item 928 Bids received for Bid Item 928, One Electro -Mechanical One Electro- Hoist, are on file in the Clerk's office. On motion by Mechanical Hoist Council Member Buffa, seconded by Vice Mayor Genis, the contract was awarded to Automotive Resources, Incorpo- MOTION rated, 9990 Lee Highway, Suite 550, Fairfax, Virginia, Awarded to Auto- for $36,925.68. The motion carried by the following motive Resources roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Bid Item 932 Bids received for Bid Item 932, One Truck with Mounted One Truck with Chipper Body and Hoist are on file in the Clerk's Mounted Chipper office. On motion by Council Member Buffa, seconded by Body and Hoist Vice Mayor Genis, the contract was awarded to Fuller Ford, 760 Broadway, Chula Vista, for $28,281.08. The MOTION motion carried by the following roll call vote: Awarded to AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Fuller Ford Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Final Map for The Final Map was presented for Tract 14361, Young/ Tract 14361 'Russell Development, Incorporated, 31 Argonaut, Aliso Young/Russell Viejo; six lots, 0.389 -acre, located at 182 and 186 Development Albert Place, for condominiums. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the map was MOTION approved; the Council did accept on behalf of the City Map Approved the ingress/egress over Lot "A" for emergency and security vehicle purposes; the public utility easement as shown on said map; the vehicular access rights to Albert Place as released and relinquished; did also approve said map pursuant to the provisions of Section 66436(a) (3)(A) of the Subdivision Map Act; and the Clerk was authorizeed to sign the map on behalf of the City. The motion carried 4-0. Completion of Street improvements for Planning Action PA -89-78, for Street Improve- property at 3225 Harbor Boulevard, were completed to the ments for PA -89-78 satisfaction of the Public Services Director by Joan by Brewer Brewer, 670 West 17th Street, Suite G-1, Costa Mesa. On motion by Council Member Buffa, seconded by Vice Mayor MOTION Genis, the work was accepted, and authorization was Work Accepted given to refund the $10,000.00 cash deposit. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Completion of Construction of a block wall for Planning Action PA -87 - Block Wall for 173, for property at 1850 Whittier Avenue, the Sea Palms PA -87-173 by project, was completed satisfactorily by Newport Mesa Newport Mesa Partners, 2386 Faraday Avenue, Suite 220, Carlsbad. On Partners motion by Council Member Buffa, seconded by Vice Mayor Genis, the work was accepted, and authorization was MOTION given to exonerate the bond. The motion carried by the Work Accepted following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Agreement with The Chief of Police requested approval of an agreement Tiberon with Tiberon, Incorporated, 39350 Civic Center Drive, Suite 280, Fremont, for $1,210.00 per month through Computer Software June 30, 1991, to provide computer software support for Support the Costa Mesa Public Safety Computer System. On motion by Council Member Buffa, seconded by Vice Mayor MOTION Genis, the agreement was approved, and the Mayor and Agreement Approved Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Agreement with The Director of Public Services requested approval of an County of Orange agreement with the County of Orange, Cooperative Project No. D90-283, to provide for resurfacing of certain Resurfacing of streets with the City's share of the cost not to exceed Streets $36,000.00. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the agreement was approved, and the MOTION Mayor and Clerk were authorized to sign on behalf of the Agreement Approved City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Agreement with The Director of Public Services recommended approval of County of Orange an agreement with the County of Orange for funding through the Arterial Highway Financing Program for Victoria Street Project No. 1271, Victoria Street widening, from Canyon Widening Drive to Harbor Boulevard. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the agreement was MOTION approved, and.the Mayor and Clerk were authorized to Agreement Approved sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Surplus Radio Set On motion by Council Member Buffa, seconded by Vice Donation Mayor Genis, Resolution 91-33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHOR - MOTION IZING THE DONATION OF A SURPLUS PROPERTY RADIO SET TO Resolution 91-33 THE CITY OF GARDEN GROVE, was adopted by the following Adopted roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Towing Services On motion by Council Member Buffa, seconded by Vice Rate Schedule Mayor Genis, Resolution 91-34, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, IMPLE- MOTION MENTING THE AUTOMATIC CHANGE TO THE RATE SCHEDULE FOR Resolution 91-34 CERTAIN TOWING SERVICES PURSUANT TO SECTION 9-284(b) OF Adopted THE COSTA MESA MUNICIPAL CODE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Deferred Compensation The Personnel Director recommended approval of the revised Deferred Compensation Plan. The proposed plan MOTION cancels and supercedes the 2 plans presently in exis- Plan Approved tence. On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 4-0, the plan was approved. American National Item 2 on the Consent Calendar was presented: Solici- Veterans tation Permit No. 3040 issued to American National Veterans, 1220-24 East Washington, Suite 128, Colton, Solicitation Permit June 30, 1990, to June 30, 1991, approved by Council on July 2, 1990. Paul Sollami, 9911 West Pico Boulevard, Suite 800, Los Angeles, attorney for American National Veterans, stated that because this organization is currently being audited by the Attorney General's office, they are unable at this time to submit the financial documen- tation required by the City. He stated that the group is a California non-profit corporation, and he submitted a profit and loss statement for Council's review, which was returned to him as requested. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested this matter could have been resolved in a different manner, and the Mayor responded that this organization applied for a permit in July, 1990, the permit was issued, the City had been in contact with the them regarding complaints and had previously requested financial documentation. MOTION A motion was made by Council Member Humphrey, seconded Continued to. by Vice Mayor Genis, and carried 4-0, to continue this June 3, 1991, item to June 3, 1991, suspending solicitation of funds Solicitation in the City of Costa Mesa until that time, with the Suspended finding that the records that have been provided by the solicitor's agent indicate that there is potential Potlach Claim MOTION Claim Rejected Agreement with Southern Cali- fornia College Civic Center Parking Lot violation of the code, i.e., the charitable purpose appears to be receiving less funds than indicated in the original application. Item 12 on the Consent Calendar was presented: Claim from the Potlach Corporation. Council Member Humphrey commented that Potlach Corporation was attempting to attach the City's funding to help shoulder the enormous cost of toxic dumping. A motion was made by Council Member Humphrey, seconded by Vice Mayor Genis, and carried 4-0, to reject the claim, and to direct the City Attorney to investigate following up with other cities involved in this process. Item 20 on the Consent Calendar was presented: License Agreement with Southern California College, 55 Fair Drive, for partial use of the Civic Center parking lot during the commencement ceremony on Saturday, May 25, 1991. Council Member Humphrey stated that this agreement and like items should be handled at the City Manager level, and he requested the City Manager to initiate a proposal for this action. MOTION On motion by Council Member Humphrey, seconded by Vice Agreement Approved Mayor Genis, the License Agreement was approved; and the Mayor and Clerk were authorized to sign on behalf of the City by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow Budget Adjustment Item 25 on the Consent Calendar was presented: Budget 91-92, Traffic Adjustment 91-92 for $20,000.00, to provide sufficient Signal Modification funds for the traffic signal modification project from unspent appropriations for the completed Bike Trail Extension project. The City Manager corrected the Budget Adjustment number from 91-22 to 91-92. MOTION On motion by Council Member Buffa, seconded by Vice Adjustment Approved Mayor Genis, the Budget Adjustment was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow PUBLIC HEARING The Clerk announced that this was the time and place set Council Review of for the public hearing for Council Review of the Plan - PA -91-21 ning Commission's approval of Planning Action PA -91-21, Bristol Car Wash for John Golder, 20101 Southwest Birch Street, Suite 120, Santa Ana Heights, authorized agent for Bristol Car Wash Partners, Post Office Box 10539, Newport Beach, for Conditional Use Permits to allow auto repair, a lube and tune, mini market, and gas station, in conjunction with construction of 3 buildings totaling 8,992 square feet, to be built on a site with an existing car wash contain- ing 9,494 square feet; and Parcel Map S-91-116, for a 4 -lot subdivision with a Conditional Use Permit for shared access and parking at 2750-2800 Bristol Street in a Cl zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's office. MOTION On motion by Council Member Humphrey, seconded by Vice Request Withdrawn Mayor Genis, and carried 4-0, the request for Council Review was withdrawn. 1 PUBLIC HEARING The Clerk announced that this was the time and place set Community Develop- for the public hearing to review and invite public com- ment Block Grant ments on Costa Mesa's 1991-92 Community Development Block Grant (CDBG) application. The Affidavits of Publishing are on file. Resolution authorizing the City Manager to act as the City's official representative to submit the Final Statement and all understandings and assurances contained therein, and directing and authorizing the City Manager to act in connection with submission of the Final Statement, and to provide such additional information as may be required. The City Manager summarized his memorandum of April 30, 1991, which outlined the major components of the pro- posed program. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council Allocations Appro- Member Humphrey, the allocations as recommended in the ved; Resolution Costa Mesa Redevelopment Agency memorandum dated April 91-35 Adopted 30, 1991, were approved; and Resolution 91-35, A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING FISCAL YEAR 1991-92 COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT FUNDS APPLICATION SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow OLD BUSINESS The Clerk presented Ordinance 91-10 for second reading Transportation and adoption. The ordinance concerns Transportation Demand Management Demand Management. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that this ordinance was directed at developers, and suggested looking at traffic signal coordination to help alleviate pollution. The Mayor pointed out that the City is mandated by State law to development a congestion management program. MOTION A motion was made by Council Member Buffa, seconded by Ordinance 91-10 Mayor Hornbuckle, to give second reading and adopt Adopted Ordinance 91-10, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING TRANSPOR- TATION DEMAND MANAGEMENT (TDM) REQUIREMENTS FOR SPECI- FIED NEW DEVELOPMENT PROJECTS. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow OLD BUSINESS The Clerk presented the following items: East 19th Street Continued from the meeting of April 15, 1991, request from Jim Miller, 245 East 19th Street, Costa Mesa, for installation of rumble strips and sidewalks on East 19th Street; and Enforceability of speed limit reduction to 25 m.p.h. on East 19th Street. The Director of Public Services addressed the issue of speed limit reduction on East 19th Street and summarized staff's report of April 23, 1991. Jim Miller, 245 East 19th Street, Costa Mesa, suggested that the City support and fund the installation of side- walks on East 19th Street. He submitted 2 letters in support of the sidewalks from: Scott Queathem, 253 East 19th Street, Costa Mesa; and Bonnie Swann, Assis- tant Principal, Mariners Elementary School, 2100 Mariners Drive, Newport Beach. A discussion ensued regarding the noise effect of rumble strips. The following people spoke in support of the installa- tion of sidewalks on East 19th Street: Bob Hoffman, 360 East 19th Street, Costa Mesa; Jeff McConville, 466 East 19th Street, Costa Mesa; Melanie Fogg, 365 East 19th Street, Costa Mesa; and Roy Pizarek, 1923 Whittier Avenue, Costa Mesa. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that rumble strips were found to be noisy in Newport Beach, and he suggested staff contact the City of Newport Beach to substantiate this information. MOTION A motion was made by Council Member Buffa, seconded by Rumble Strips Council Member Humphrey, and carried 4-0, directing Approved staff to install the rumble strips on East 19th Street; to refine a cost figure for the sidewalk installation on East 19th Street; to make an onsite inspection to deter- mine what is involved in the installation; and to investigate potential funding sources other than the General Fund. MOTION A motion was made by Council Member Buffa, seconded by 25 m.p.h. Speed Council Member Humphrey, and carried 4-0, to permanently Limit Approved reduce the speed limit to 25 m.p.h. on East 19th Street based on the findings in staff's memorandum dated April 23, 1991; and to perform a traffic speed evaluation in one month. OLD BUSINESS The Clerk presented, continued from the meeting of City Water Use April 15, 1991, City of Costa Mesa Water Use Management Management Plan Plan for City -owned property and facilities. The City Manager presented staff's memorandum dated April 25, 1991, noting that the ten percent reduction program is recommended. He stated that at the present time, reclaimed water is not available for irrigation purposes. The Mayor noted a correction to the staff report, Page 2, the second sentence should read, "The City uses approximately 326 million gallons annually, or approxi- mately 1,000 acre feet." Sid Soffer, 900 Arbor Street, Costa Mesa, asked if there were means to test the moisture of the ground before watering, stating he believed the best time to conserve water is in the winter. MOTION On motion by Council Member Buffa, seconded by Council Plan Approved Member Humphrey, and carried 4-0, the City Water Manage- ment Plan as presented in staff's memorandum of April 25, 1991, implementing the ten percent reduction measures immediately, was approved. RECESS The Mayor declared a recess at 8:25 p.m., and the meet- ing reconvened at 8:35 p.m. Y r� OLD BUSINESS The Clerk presented the request for rehearing from Request for. Patrick E. Olson, 1132 Victoria Place, Costa Mesa, Rehearing, concerning the Council's denial of his Application for Patrick E. Olson Leave to Present a Late Claim in connection with Devel- opment Review DR -88-26, for property at 426 Victoria Street. The City Attorney reviewed his Opinion No. 91-7 dated April 26, 1991, which indicated that Council does not have the authority to act on Mr. Olson's request for rehearing and recommended the request be denied. Emily Quinlan, Geiler & Borchard, 18201 Von Karman Avenue, Irvine, attorney for Mr. Olson, reviewed (1) the time constraints of the late claim, and (2) the conduct of City personnel. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the statute of limitations. The City Attorney clarified the options available as being: (1) decline to set matter for rehearing, or (2) take no action, which would result in the same con- clusion. MOTION On motion by Vice Mayor Genis, seconded by Council Mem- Request Denied ber Humphrey, and carried 3-1, Council Member Buffa voting no, the request for rehearing was denied as new information was not made available at or prior to the previous hearing. MOTION On motion by Vice Mayor Genis, seconded by Council Mem- City Attorney ber Humphrey, and carried 4-0, the City Attorney was Report Requested requested to provide a written report regarding options Re Extending available for extending deadlines such as this one when Deadlines a request for rehearing or an appeal has been filed prior to the deadline. NEW BUSINESS The Clerk presented recommendations from Mayor Public Service Hornbuckle and Council Member Humphrey concerning Grant Funds allocation of public service grant funds. The Mayor announced the grant for the Feedback Founda- tion will be considered at another time after more information is provided. She stated she would abstain from discussion regarding the Girls, Incorporated, grant as she is a member of the Board of Directors. She also stated organizations that had not been previously funded by the City had been interviewed. Tim Shaw, 690 Hamilton Street, Apartment B-2, Costa Mesa, program director.of SPIN, spoke on the guarantee apartment payment program, which was allocated funding, and the substance abuse program, which was not. Sterling Wolfe, 6204 West Ocean Front, Newport Beach, Chairman of the Board of Managers of the Newport Beach/ Costa Mesa YMCA, requested funds to repair the roof of the YMCA building. June Russell, 281-1/2 Costa Mesa Street, Costa Mesa, Assistant Director for Fish -Harbor, spoke about their request for funds. Larry Haynes, 1610 Iowa Street, Costa Mesa, Executive Director of Mercy House, and a Director of the Orange County Homeless Issues Task Force, expressed apprecia- tion for the favorable recommendations. 04 Richard Mele, Program Manager of Dayle McIntosh Center for the Disabled, thanked Council for the positive recommendation for funding. MOTION A motion was made by Council Member Buffa,seconded by Grants Approved Vice Mayor Genis, to approve the public service grants as recommended by the Public Service Grant Committee's memorandum dated April 23, 1991, excepting Girls, Incor- porated, Feedback Foundation, and Marisol Residence; stipulating that the pool rental fee for High Hopes be waived. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow MOTION A motion was made by Council Member Buffa, seconded by Girls, Inc. Vice Mayor Genis, to approve the public service grant Grant Approved for Girls, Incorporated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow ABSTAIN: COUNCIL MEMBERS: Hornbuckle NEW BUSINESS The Clerk presented the request from Team Orange County Street Closure, Cycling, 2701 Harbor Boulevard, Suite E-8, Costa Mesa, Grand Prix Bicycle for street closure and waiver of police fees for the Race Second Annual Costa Mesa Grand Prix Bicycle Race on Sunday, June 16, 1991. The Assistant to the City Manager sunmiarized his memor- andum of April 30, 1991. Larry Weichman, 1113 Baker Street, Costa Mesa, represen- ting Team Orange County Cycling, stated that without the street closure, the race would not take place, and he noted the waiver of police fees would benefit the two charitable causes that are recipients of funds generated by the race. A discussion ensued regarding available parking during the bicycle race and adjacent business that will be impacted. MOTION A motion was made by Council Member Buffa, seconded by Street Closure Vice Mayor Genis, to approve street closure and waive Approved; Police police fees per staff's memorandum dated April 30, 1991. Fees Waived The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow NEW BUSINESS The Clerk presented City Attorney Report No. 91-23 Prosecutorial and an agreement with the Orange County District Services Attorney for prosecutorial services. The City Attorney reported on the subject agreement and noted Report No. 91-23 specifies changes in the agree- ment. He stated this arrangement would save the City Money. MOTION A motion was made by Council Member Humphrey, seconded Agreement Approved by Vice Mayor Genis, to renew the agreement with the Orange County District Attorney's office in accordance with the City Attorney's Report No. 91-23. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow NEW BUSINESS The Clerk presented City Attorney Report No. 91-20 and Training Standards proposed ordinance amending Title 14 of the Costa Mesa of Public Safety Municipal Code to adopt the Penal Code requirements Dispatchers relating to selection and training standards of public safety dispatchers. The City Attorney summarized Report No. 91-20 dated April 17, 1991. MOTION On motion by Council Member Buffa, seconded by Council Ordinance 91-11 Member Humphrey, Ordinance 91-11, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF -COSTA MESA, CALIFORNIA, Reading AMENDING TITLE 14 OF THE COSTA MESA MUNICIPAL CODE TO ADOPT THE PENAL CODE REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DIS- PATCHERS, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow NEW BUSINESS The Clerk presented nonresident participant fee of $5.00 Nonresident Parti- for certain programs offered by the Recreation Division cipant Fee of the Community Services Department. The City Manager summarized staff's report of April 26, 1991, stating that the non-resident fee programs are those that require registration. He reviewed the City's recreational programs. MOTION A motion was made by Vice Mayor Genis, seconded by Coun- Fee Approved cil Member Humphrey, to approve the nonresident $5.00 participation fee for the programs outlined in staff's memorandum of April 26, 1991; to explore all possibili- ties where the fees would be relevant elsewhere; and to request Community Services to develop a process for priority registration for residents of Costa Mesa. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow NEW BUSINESS The Clerk presented the request for $6,275.00 from the Fish Fry Float Costa Mesa -Newport Harbor Lions Club for the Fish Fry float. The City Manager stated the request for $6,275.00 was summarized in his memorandum of May 2, 1991, with the attachment from the Green Float Company. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, repre- senting the Costa Mesa/Newport Harbor Lions Club, summarized the request for float funds. Vice Mayor Genis emphasized that all requests for funds that are received during the year should be submitted on the standard application form. MOTION A motion was made by Council Member Humphrey, seconded Float Funds by Council Member Buffa, to approve the $6,275.00 for Approved the 1991 Lions Club Float; with the.findings that the Lions Club is active in supporting the growth and health of the community, and there is a decades -long tradition of thousands of Costa Mesa residents that will avail ,0 themselves of the Fish Fry and the parade. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Glasgow NEW BUSINESS The Clerk presented a proposed ordinance adding Chapter Leaf Blowers IX to Title 11 of the Costa Mesa Municipal Code pertain- ing to the use of leaf blowers within the City. The Deputy City Manager/Development Services gave back- ground information on the proposed ordinance and summar- ized staff's report dated April 26, 1991. He noted that by 1994, leaf blowers will probably be eliminated per the Air Quality Management Plan Measure M -I-7. Sid Soffer, 900 Arbor Street, Costa Mesa, supported the ordinance because of the noise level of the leaf blowers in his neighborhood. MOTION On motion by Vice Mayor Genis, seconded by Council Ordinance 91-12 Member Humphrey, Ordinance 91-12, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading ADDING CHAPTER IX TO TITLE 11 OF THE COSTA MESA MUNICI- PAL CODE PERTAINING TO THE USE OF LEAF BLOWERS WITHIN THE CITY OF COSTA MESA, was given first reading and passed to second reading, adding to Section 11-165, Limited Use, (a), "In residential areas or within 50 feet thereof." The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Humphrey NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: Glasgow The Mayor directed the Deputy City Manager to provide the gardener's organization that had expressed an interest in this topic with a copy of the ordinance. Vice Mayor Genis suggested also providing a copy of the ordinance to residents who had filed written complaints. NEW BUSINESS The Clerk presented a request from Assemblyman Tom Assembly Bill 1819 Umberg for support of Assembly Bill 1819 regarding Jail Sites condemnation authority for jail sites. Mayor Hornbuckle stated the letter from Assemblyman Umberg requests the City's formal consideration of Assembly Bill 1819. A discussion ensued in regard to supporting the County's authority to condemn property through eminent domain. Sid Soffer, 900 Arbor Street, Costa Mesa, related his theory that there would not be a need for jails if morals were taught to the young. MOTION On motion by Council Member Buffa, seconded by Vice Support Denied Mayor Genis, and carried 4-0, the request for expression of support for Assembly Bill 1819 was denied; and Assemblyman Umberg and the Assembly will be informed that the City is opposed to Assembly Bill 1819. The Mayor requested the City Manager to prepare the letter to Assemblyman Umberg reflecting the comments of Council Members regarding their opposition to Assembly Bill 1819. CITY ATTORNEY The Clerk presented City Attorney Report No. 91-22, and REPORT an ordinance to repeal Section 10-354(c) of the Costa Mesa Municipal Code relating to solicitation of employ - Report No. 91-22 ment, business, or contributions from streets. Street Solicitation A petition containing 57 signatures requesting that the City ordinance prohibiting groups or individuals from congregating on Park Avenue, Lions Park or any street corner in Costa Mesa, be continued, was filed with the Clerk's office. A communication was received from Craig McCracken, 869 Arbor Street, Costa Mesa, stating opposition to revoking the law that prohibits soliciting work on street corners or gathering areas. The City Attorney summarized his Report No. 91-22 dated April 23, 1991, with the recommendation that Subsection (c) of Section 10-354 be repealed as the Orange County Superior Court held that it was unconstitutional and unenforceable. He clarified that Subsection (c) is the "intent" provision and reads as follows: "It shall be unlawful for any person to be in Lions Park or within three hundred (300) feet thereof, or on Newport Avenue between 18th and Harbor Boulevard, or within two hundred (200) feet of the intersection of Santa Ana Avenue and East 20th Street, with the intent to solicit employment from an occupant of any motor vehicle." Sid Soffer, 900 Arbor Street, Costa Mesa, demonstrated the difficulty of proving "intent". He noted that the vagrancy law is now deemed unconstitutional. RECESS The Mayor declared a recess.at--11:10 p.m., and the meet- ing reconvened at 11:20 p.m. Council Member Council Member Buffa left during the recess, and Mayor Buffa Left Hornbuckle noted that he left due to a conflict of interest on the next item. Janice Davidson, 1982 Arnold Street, Costa Mesa, asked for clarification of Subsection (c), and Council Member Buffa stated this section has not been enforced recently. Lieutenant James Watson, Costa Mesa Police Department, stated that the police have not been successful in cit- ing contractors who hire day workers. He related problems generated by the congregation day workers. A lengthy discussion ensued regarding commercial activity on public property. MOTION On motion by Vice Mayor Genis, seconded by Council Ordinance 91-13 Member Humphrey, Ordinance 91-13, AN ORDINANCE OF THE Given First CITY COUNCIL- OF THE CITY OF COSTA MESA, CALIFORNIA, Reading REPEALING SECTION 10-354(c) OF THE COSTA MESA MUNICIPAL CODE RELATING TO SOLICITATION OF EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS FROM STREETS, was given first reading and passed to second reading; with the following recom- mendations: (1) focus enforcement on employers, and (2) refer this issue to the Human Relations Committee to develop a plan whereby the workers are encouraged to obtain work from the Job Center. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS:_ None ABSENT: COUNCIL MEMBERS:_ Glasgow RECESS The Mayor declared a recess.at--11:10 p.m., and the meet- ing reconvened at 11:20 p.m. Council Member Council Member Buffa left during the recess, and Mayor Buffa Left Hornbuckle noted that he left due to a conflict of interest on the next item. 4U0 CITY MANAGER The Clerk presented the City service contracts with the REPORT Orange County Fairgrounds. The City Manager presented Fairgrounds Service the series of recommendations for the Orange County Contracts Fairgrounds as reported in his memorandum dated May 2, 1991. Captain David Brooks, Costa Mesa Police Department, reported on the number of police officers required for special events at the Fairgrounds, noting that in 1990 a total of 5,517 hours were worked. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned if the police officers working at the Fairgrounds were on overtime, and the City Manager responded usually the duty is overtime but occasionally officers are pulled off other assignments for the Fairground duty. Norb Bartosik, General Manager, Orange County Fair and Exposition Center, received clarification from the City Manager on salient points of the City's letter dated April 5, 1991. MOTION A motion was made by Council Member Humphrey, seconded Recommendations by Vice Mayor Genis, and carried 3-0, to approve the Approved City Manager's recommendations per his memorandum of May 2, 1991, with the additional recommendation to develop a traffic control program for large conflicting events. COUNCIL MEMBER Council Member Humphrey wished all mothers a Happy COMMENTS Mother's Day. He also pointed out that he has noticed Mother's Day many people go through red lights, and he cautioned everyone to preserve the safety of our intersections. Fairview Park Vice Mayor Genis thanked those who assisted with Fair - Cleanup view Park Cleanup Day. She also announced the Friends of the Costa Mesa Library Book Sale which is to take Book Sale place on Saturday, May 18, 1991. Mayor Hornbuckle reported that dedication of the E1 Camino Real Bell at the Estancia Adobe was held the previous Saturday, May 4, 1991. ADJOURNMENT The Mayor declared the meeting adjourned at 11:50 p.m. Mayor oV the City of Costa Mesa ATTEST: -� dL� 9 C ty Clerk of the City of Costa M sa