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HomeMy WebLinkAbout05/20/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 20, 1991 The City Council of the City of Costa Mesa, California, met in regular session May 20, 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 Pastor Jeofrey Park, Seventh-Day Adventist Church. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Edward Glasgow Council Member Jay Humphrey Council Members Absent: Officials Present: None City Manager Allan Roeder Deputy City Manager/Develop- ment Services Donald Lamm City Attorney Thomas Kathe Public Services Director William Morris Deputy Clerk Mary Elliott Community Services Director Keith Van Holt MINUTES On motion by Council Member Buffa, seconded by Vice May 6, 1991 Mayor Genis, and carried 5-0, the minutes of the regular meeting of May 6, 1991, were approved. ORDINANCES A motion was.made.by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, to read all ordi- nances by title only. PRESENTATION The Mayor presented Certificates of Congratulations to Student Contest Michael Kuo for winning the Drawing Contest on the Awards theme, "How I Think Fairview -Park Should be Built"; and to Lynn Whitman for winning the Essay Contest on the theme, "My Favorite Costa Mesa Park". Charles Markel, Chairman of Mesa Pride, contest sponsor, expressed appreciation to the winners. PROCLAMATION Mayor Hornbuckle read a proclamation commending Paul Paul Lewis Lewis for service to his country in the Persian Gulf. The Mayor presented the document to Mr. Lewis, who introduced his wife, Maria, and in turn presented a letter of appreciation and a plaque commending the City for their support of Operation Desert Shield. ORAL Janice Davidson, 1982 Arnold Avenue, Costa Mesa, reiter- COMMUNICATIONS ated her concern regarding traffic problems at the Street and Traffic intersection of 19th Street and Meyer Place, and the Problems poor condition of Hamilton Street between Harbor Boule- vard and Placentia Avenue. The Director of Public Services stated the 19th Street situation was referred to the Transportation Commission, and the study is currently underway. Bristol Street Roy Andreen, 2769 Cibola Avenue, Costa Mesa, expressed Car Wash concern regarding the expanded car wash on Bristol Street, specifically regarding the generation of traffic and a dangerous left -hand -turn situation. 407 l3 V V sA — Traffic Signal Sid Soffer, 900 Arbor Street, Costa Mesa, commented on Coordination the lack of traffic signal coordination in Costa Mesa. Council Member Buffa noted the City was involved in a lengthy study on traffic signalization, and improvements have begun. The Director of Public Services clarified that signals on Newport Boulevard are maintained and owned by the State, and traffic control enforcement is done by the Costa Mesa Police Department. Veterans of Foreign Bud Hohl, 145 Cecil Place, Costa Mesa, representing the Wars Memorial Day Veterans of Foreign Wars, announced that on Monday, May Service 27, 1991, the Veterans 37th annual Memorial Day service will be held at Harbor Lawn Cemetery, 1625 Gisler Avenue, Costa Mesa, and will include the dedication of a memorial marker in honor of Persian Gulf casualties. Victoria Street Perry Andrus, 2158-D West San Michel Drive, Costa Mesa, Condition noted the dangerous condition of Victoria Street. The Director of Public Services stated that reconstruction is scheduled to go to bid next month, and the work should begin in the early fall. Pacific Amphi- John Dooley, 963 Springfield Street, Costa Mesa, theatre Noise complained about noise from the Pacific Amphitheatre. He also commented on the construction cones at the Coning at Baker Baker Street and Fairview Road intersection placed by Street and Macco Constructors, Incorporated, which cause hazardous Fairview Road traffic conditions. The Mayor instructed the Director of Public Services to investigate this coning problem. Victoria Street and Marc Loehren, 2009'Republic Avenue, Costa Mesa, stated Monrovia Avenue the traffic light'at Victoria Street and Monrovia Avenue Traffic Signal is dangerous because motorists eastbound from Brookhurst Street consistently run the red light. He also stated Driveway Damage a City tree has damaged his driveway and requested assistance from the City. He was referred to the Direc- tor of Public Services. County of Orange Franklin Cole,•2482 Fairview Way, Costa Mesa, presented Health Clinic a letter received from the County of Orange stating its intention to open a public health clinic at 2845 Mesa Verde Drive, Costa Mesa, with operation to begin on or about July 1, 1991. He gave copies of the letter to the Council. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 8,,Budget Adjustment for unanticipated litigation activity; Item 12, Sole source purchase of computer hardware; and Item 14, Change Order to the contract for new sidewalk construction on Wilson Street. On motion by Council Member Humphrey, seconded by Council Member Buffa, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Humphrey, seconded by Council Member Buffa, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Stephen G. Calles; Michael William Edwards; Alfonso Jimenez; Peter B. Michelmore; and John P. Pherrin. Public Notice advising. that Southern California Gas Company Utilities filed Application No. 91-04-044 with the Public Commission Utilities Commission requesting a rate increase. SET FOR PUBLIC On motion by Council Member Humphrey, seconded by HEARING Council Member Buffa, and carried 5-0, the following item was set for public hearing on June 3, 1991, at Park and Recreation 6:30 p.m., in the Council Chambers of City Hall: In -Lieu Fees An ordinance amending Sections 13-490 and 13-493 of MOTION Article 5, Chapter III, Title 13 of the Costa Mesa Hearing Set for Municipal Code relating -to Park and Recreation fees June 3, 1991 in -lieu of land dedication and credits therefor. Environmental Determination: Exempt. WARRANTS On motion by Council Member Humphrey, seconded by Council Member Buffa, Warrant Resolution 1493, including MOTION Payroll 9109, and Warrant Resolution 1494, including Warrants 1493 and Payroll 9110, were approved by the following roll call 1494 Approved vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Humphrey, seconded by Council Member Buffa, and carried 5-0, the following claims were rejected: Davis Vera Davis; and Masi Ralph Masi. _ ADMINISTRATIVE Bids for the Police Department Remodel are on file in ACTIONS the City Clerk's office. On motion by Council Member Humphrey, seconded by Council Member Buffa, the contract Police Department was awarded to Kaser Construction Company, 6082 Palisade Remodel Drive, Huntington Beach, for $19,930.00. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Awarded to Kaser Buffa, Glasgow, Humphrey Construction NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bicycle and/or On motion by Council Member Humphrey, seconded by Pedestrian Plan Council Member Buffa, Resolution 91-36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN Resolution 91-36 FUNDS AUTHORIZED UNDER SENATE BILL 821 AND APPROVING THE Adopted ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Landscaping Assess- On motion by Council Member Humphrey, seconded by ment District No. 1 Council Member Buffa, Resolution 91-37, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION INITIATING PROCEEDINGS FOR RENEV�ALAL OF CITY OF COSTA MESA Resolution 91-37 LANDSCAPING ASSESSMENT DISTRICT NO. 1, was adopted by Adopted the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None i J V Landscaping Assess- On motion by Council Member Humphrey, seconded by ment District No. 2 Council' Member Buffa, Resolution 91-38, A RESOLUTION OF Budget Adjustment Item 8 on the Consent Calendar was presented: Budget 91-109, Unantici- Adjustment 91-109 for $156,000.00, to provide an pated Litigation adequate appropriation for unanticipated litigation Activity activity for the remainder of the fiscal year. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the appropriation for anticipated litigation and was informed by the City Manager that $200,000.00 was budgeted in the present fiscal year for outside legal contract services, and a budget adjustment was previ- ously approved for $90,000.00. MOTION On motion by Council Member Buffa, seconded by Council Adjustment Approved Member Humphrey, the Budget Adjustment was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Computer Item 12 on the Consent Calendar was presented: Sole Hardware from source purchase of computer hardware for $120,112.83, International from International Business Machines Corporation, 611 Business Machines Anton Boulevard, Suite 400, Costa Mesa. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that less expensive hardware is available. The City Manager responded that the hardware being purchased is for an IBM mainframe, and -inexpensive substitutes cannot be utilized. MOTION On motion by Council Member Humphrey, seconded by Purchase Approved Council Member Buffa, the sole source purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION INITIATING PROCEEDINGS FOR RENEWAL OF CITY OF COSTA MESA Resolution 91-38 LANDSCAPING ASSESSMENT DISTRICT NO. 2, was adopted by Adopted the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL 14FIlBERS : None ABSENT: COUNCIL MEMBERS: None Notice of Completion The Fair Drive Bikeway, Orange County Fairgrounds Gillespie Construc- Entrance to Fairview Road, Project 90-10, was completed tion to the satisfaction of the Public Services Director on February 22, 1991, by Gillespie Construction, Incor- Fair Drive Bikeway porated, 3194-C2 Airport Loop Drive, Costa Mesa. On Project 90-10 motion by Council Member Humphrey, seconded by Council Member Buffa, the work was accepted; the Clerk was MOTION authorized to file a Notice of Completion; authoriza- Work Accepted tion was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carriedby the following roll call vote: AYES: COUNCIL MF24BERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment Item 8 on the Consent Calendar was presented: Budget 91-109, Unantici- Adjustment 91-109 for $156,000.00, to provide an pated Litigation adequate appropriation for unanticipated litigation Activity activity for the remainder of the fiscal year. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the appropriation for anticipated litigation and was informed by the City Manager that $200,000.00 was budgeted in the present fiscal year for outside legal contract services, and a budget adjustment was previ- ously approved for $90,000.00. MOTION On motion by Council Member Buffa, seconded by Council Adjustment Approved Member Humphrey, the Budget Adjustment was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Computer Item 12 on the Consent Calendar was presented: Sole Hardware from source purchase of computer hardware for $120,112.83, International from International Business Machines Corporation, 611 Business Machines Anton Boulevard, Suite 400, Costa Mesa. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that less expensive hardware is available. The City Manager responded that the hardware being purchased is for an IBM mainframe, and -inexpensive substitutes cannot be utilized. MOTION On motion by Council Member Humphrey, seconded by Purchase Approved Council Member Buffa, the sole source purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 2 Item 14 on the Consent Calendar was presented: Change J & B Kovac Order No. 2 for $4,811.75 to the contract with J & B Kovac Engineering, 9272 Cloudhaven Drive, Huntington 1990-91 New Side- Beach, for 1990-91 New Sidewalk Construction on Wilson walk Construction Street, Project No. 91-01. on Wilson Street Project 91-01 Vice Mayor Genis questioned the need for the additional costs, and the Director of Public Services reported that conditions at the job site required adjustments. The Vice Mayor stated that change orders such as this, amounting to approximately 20 percent of the original contract price, could be a problem during stricter budgetary times. The Mayor requested a report from the Director of Public Services on the feasibility of having the contractor estimate the volume of the supplies for a project. MOTION On motion by Vice Mayor Genis, seconded by Council Change Order Member Humphrey, the Change Order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Mayor announced there was a request to continue the Appeal of RA -90-06/ following public hearing: PA -90-128 Pope Family Trust Continued from the meeting of April 15, 1991, an appeal of the Redevelopment Agency's denial of Redevelopment Action RA -90-06, Planning Action PA -90- 128, from Armitage Realty, Incorporated, 2900 Bristol Street, Suite E-101, Costa Mesa, authorized agent for the Pope Family Trust, 635 San Elijo Street, San . Diego, for variances from front setback requirements (20 feet required, 5 feet proposed), and Redevelopment Agency review; in conjunction with a proposed 10,200 - square -foot, one-story commercial building at 145 East 19th Street in a Cl zone. Environmental Determina- tion: Negative Declaration. Paul Barba, Attorney at Law, 17291 Irvine Boulevard, Suite 315, Tustin, representing Rosemary Siler, owner of the Mesa Theatre, requested the matter be continued because of ongoing discussions with prospective buyers for the Mesa Theatre. Sid Soffer, 900 Arbor Street, Costa Mesa, commented on the requirement for a 15 -foot setback on commercial property. MOTION On motion by Council Member Buffa, seconded by Vice Continued to Mayor Genis, and carried 5-0, the public hearing was July 15, 1991 continued to July 15, 1991. OLD BUSINESS The Deputy Clerk presented Ordinance 91-11 for second Public Safety reading and adoption. The ordinance concerns the Dispatchers selection and training standards of public safety dis- patchers. MOTION On motion by Vice Mayor Genis, seconded by Council Ordinance 91-11 Member Buffa, Ordinance 91-11, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, 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 DISPATCHERS, was given second reading and adopted by the following roll call vote: OLD BUSINESS Leaf Blowers AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey None None The Deputy Clerk presented Ordinance 91-12 for second reading and adoption. The ordinance concerns the use of leaf blowers within the City., Sid Soffer, 900 Arbor Street, Costa Mesa, pointed out that he believed leaf blowers to be a private nuisance and not a public nuisance, and he suggested the word "nuisance" be taken.cut of the ordinance. MOTION On motion by Council Member Humphrey, seconded by Vice Ordinance 91-12 Mayor Genis, Ordinance 91-12, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER IX TO TITLE 11 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO THE USE OF LEAF BLOWERS WITHIN THE CITY OF COSTA MESA, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The. Deputy Clerk presented Ordinance 91-13 for second Solicitation of reading and adoption. The ordinance concerns solicita- Employment, Busi- tion of employment, business, or contributions from ness, or Contri- streets. butions from Streets On motion by Vice Mayor Genis, seconded by Mayor MOTION Hornbuckle, Ordinance 91-13, AN ORDINANCE OF THE CITY Ordinance 91-13 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING Adopted SECTION 10-354(c) OF THE COSTA MESA MUNICIPAL CODE RELATING TO SOLICITATION OF EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS FROM STREETS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Deputy Clerk presented a resolution refusing to pay Jail Booking Fees jail booking fees to the County of Orange for arrests made at the Orange County Fairgrounds. The City Manager summarized the proposed resolution. Franklin Cole, 2482 Fairview Way, Costa Mesa, urged support of the resolution. MOTION A motion was made by Council Member Humphrey, seconded Resolution 91-39 by Vice Mayor Genis-, to adopt Resolution 91-39, A RESO- Adopted LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REFUSING TO PAY JAIL BOOKING FEES TO THE COUNTY OF ORANGE FOR ARRESTS RELATED TO THE STATE'S 32ND DISTRICT AGRICULTURAL ASSOCIATION -ORANGE COUNTY FAIR AND EXPOSITION CENTER, changing the wording in the fifth paragraph from "places an undue financial burden", to "places an unfair and unwarranted financial burden on local residents who, in many cases, are already adverse- ly affected by activities at the Fairgrounds". The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 413 NEW BUSINESS The Deputy Clerk presented.a referral from the Planning EP -91-01 Commission of an appeal of the Zoning Administrator's Mahaffey denial of Encroachment Permit EP -91-01, for Douglas L. Mahaffey, to legalize a six-foot high wood fence built in the public right-of-way at 1014 Presidio Drive in an R1 zone. Environmental Determination: Exempt. Also presented was a Planning Commission request for policy direction regarding encroachment permits. The Deputy City Manager/Development Services summarized staff's memorandum dated May 15, 1991, and presented a visual.diagram which illustrated.the project. He noted the.options: (1) abandoning the area, giving the land back to the adjoining property owner,; (2) allowing the private use through the encroachment permit process; or (3) allowing the area to be fully prohibited from use. Douglas Mahaffey, 1014 Presidio Drive, Costa Mesa, ques- tioned the City's right-of-way policy. He summarized his appeal of the denial decision. The Director of Public Services stated that there had been a_change in this area.to create a meandering side- walk.- He stated that in most instances, the City holds an easement. The Deputy City Manager/Development Services explained the purpose for the City's easement, specifically the areas reserved for public utilities. Roy Andreen, 2769 Cibola Avenue,.Costa Mesa, President of the Mesa Del Mar Homeowners Association, stated the Association enacted a resolution supporting prohibition of building fences or other structures in the easement next to the streets, and he presented a copy to the Deputy Clerk. MOTION On motion by Vice Mayor Genis, seconded by Council Permit Denied Member Glasgow, and carried 5-0, denial of Encroachment Permit EP -91-01 was upheld. The Mayor referred the policy question on encroachment permits to the Special Joint City Council/Planning Commission Study Session on June 11, 1991, at 5:00 p.m. RECESS The Mayor declared a,recess at 8:10 p.m., and the meet- ing reconvened at 8:25 p.m. NEW BUSINESS The Deputy Clerk presented an ordinance prohibiting the Sale and Discharge sale and discharge of,fireworks. There were 1,041 pre - of Fireworks printed postcards opposing the ban on fireworks; and there were 32 altered preprinted postcards in support of the ban on fireworks. Communications were received from the following Costa Mesa residents opposing the ban on fireworks: Michael and Candace Meling, 3098 Ginger Avenue; Bil Garvin, 1092 San Pablo Circle; Mary Ann Nealey, 877 Sonora Road; Sally Canning, 198 Buoy Street;,Jercme and Judy Blackman, 2379 Norse Avenue; and Revell Communications, 1121 L Street, Suite 806, Sacramento, for American West Marketing, Incorporated, and Freedom Fireworks, Incor- porated. Communications were received from the following Costa Mesa residents in support of the ban on fireworks: Robin Reffler, 3025 Samoa Place; Melva Neft, 3132 Madeira Avenue; Sherrie Neft, 3132 Madeira Avenue; Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1; Brian Slater, 2059 Federal Avenue; Mr. and Mrs. Douglas Morrow, 3023 Royce Lane; Trudy Ettelson, 3400 Avenue of the Arts, Suite D-215; and Dennis and Carol Hosszu, 1007 Concord Street. Two petitions were received from Cheryl Bach, 1890 Parkcrest Drive, Costa Mesa: (1) from the students at Estancia High School which contained 448 signatures; and (2) from the students at Costa Mesa High School which contained 250 signatures. A videotape was presented by Dennis Revell, Revell Communications. The City Attorney reported that a proposed ordinance prohibiting the sale of fireworks except for certain permitted public displays had been prepared, and he summarized his Report No. 91-28. The following Costa Mesa residents spoke in opposition to the proposed ban on fireworks: Laura Dickerson, 498 Sturgeon Drive; Janice Davidson, 1982 Arnold Avenue; Kent Schisler, 2974 Ceylon Drive; Bob Harrington, 1653 Labrador Drive, representing the Estancia High School Football Boosters Program; Marc Goodman, 1095 Sea Terrace Lane; Bil Garvin, 1092 San Pablo Circle; Patti Ferguson, 2950 Mindanao Drive; Toby Curtis, 2349 Notre Dame Road, Commissioner of American Youth Soccer Organi- zation, Region 120; Brad Brown, 3290 Georgia Place; Dennis Brown, 1581 Coriander Drive; Terry Ferguson, 2950 Mindanao Drive; Ryan Ferryman, 1095 Tulare Drive; Rudy Chavez, 2157-A Maple Street, President, Estancia Instrumental Music Boosters; Jason Lynch, 2650 Fairview Road; Jim Toledano, 3165 Gibraltar Avenue; Rebecca Dailey, 594 Traverse Drive; Bobby Kellogg, 2080 National Avenue, member of Estancia High School Marching Band; Cheryl Bach, 1890 Parkcrest Drive; Lois Pendleberry, 3045 Warren Lane; Nancy Palme, 1997 Kornat Drive; Craig Stevens, 1636-D Iowa Street; and Dennis Revell, Presi- dent, Revell Communications, 1121 L Street, Suite 806, Sacramento, representing American West Marketing, Incor- porated,tand Freedom Fireworks, Incorporated; and Louis Hungate, 15851 Wicklow Lane, Huntington Beach, repre- senting Orange County Ski Club. The following Costa Mesa residents spoke in support of the proposed ban on fireworks: Sherrie Neft, 3132 Madeira Avenue; Perry Andrus, 2158-D West San Michel Drive; Dick Schnetzer, 3083 Roanoke Lane; Bill O'Neil, 1618 Baker Street, representing the Shriner's Hospital for Crippled Children Burn Units; and Roy Andreen, 2769 Cibola-Avenue. The following Costa Mesa residents commented on the proposed ban but were neither for nor against: John Feeney, 1154 Dorset Lane; Mike Dunn, 2755 Gannet Drive; Sid Soffer, 900 Arbor Street; and Roy Pizarek, 1923 Whittier- Avenue. The City Manager clarified that the Costa Mesa Fire Department has for many years recommended to Council that all fireworks, safe and sane and otherwise, be banned. The City Attorney stated that sparklers are currently under the safe and sane guidelines, and there are no regulations prohibiting throwing or tossing them. He stated that the legal age to buy ammunition is 18. Tom MacDuff, City Fire Marshall, stated that no one under 16 is allowed to possess fireworks. /A Dennis Revell reported that Revell Communications has recommended a ban on the sale of sparklers. In response.. to a question from Vice Mayor Genis, he said most fire- works are manufactured in both United States and foreign locations; however, over 50 percent are manufactured in foreign countries. Motion Made to A motion was made by Vice Mayor Genis, seconded by Allow Fireworks Council.Member Glasgow, to permit the discharge of fire- works only on July 4th between the hours of 4:00 p.m. and 10:00 p.m.; to ban sparklers in the City of Costa Mesa; and to enact an ordinance against the throwing, tossing, etc., of fireworks. Substitute Motion A substitute motion was made by Council Member Humphrey, Failed to Carry seconded by Vice Mayor Genis, to modify the original motion by adding: to allow safe and sane fireworks to be..sold this year; future sale of safe and sane fire- works is contingent upon the demonstration of responsi- bility by the people buying the fireworks and the people selling the fireworks; and the selling of fireworks take place on the July 1, 2, 3, and 4. The substitute motion failed to carry 3-2, Council Members Hornbuckle, Buffa, and Glasgow voting no. Second Substitute A substitute motion was made by Mayor Hornbuckle, Motion Failed to seconded by Council Member Humphrey, that the City of Carry Costa Mesa disallow the sale of fireworks starting July 6, 1991; and that the City help to convene a committee of those organizations that are currently involved in the sale of fireworks to assist them in finding other means of funding. The substitute motion failed to carry 3-2, Council Members Genis, Buffa, and Glasgow voting no. AMENDED ORIGINAL Vice Mayor Genis amended the original motion by adding: MOTION ensure that fireworks are sold only to people over the Fireworks Approved age of 18; and stipulating that an adult must be present when fireworks are discharged; therefore, the entire motion reads ,as follows: Permit the discharge of fire- works only on July 4th between the hours of 4:00 p.m. and 10:00 p.m.; ban sparklers in the City of Costa Mesa; enact an ordinance against the throwing, tossing, etc., of fireworks; ensure that fireworks are sold only to people over the age of 18; and stipulating that an adult must be present when fireworks are discharged. The amended motion was seconded by Council Member Glasgow and carried 3-2, Council Members Hornbuckle and Humphrey voting no. RECESS The Mayor declared a recess at 10:15 p.m., and the meet- ing reconvened at 10:30 p.m. NEW BUSINESS The Deputy Clerk presented City Attorney Report No. 91 - Risk Manager 25 and an agreement with Edward S. Raya for interium risk Services manager services. The City Attorney explained that the agreement would provide for Mr. Raya to perform part-time consulting services on.specific projects, for an amount not to exceed $5,000.00. MOTION On motion by Vice Mayor.Genis, seconded by Council Agreement Approved Member Buffa, the agreement was approved, and the City Manager was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Deputy Clerk presented City Attorney Report No. D.A.R.E. Fair 91-27 and a mutual indemnity agreement for the D.A.R.E. 1991 .Fair 1991. The City Attorney reviewed Report No. 91-27 and the indemnity agreement. MOTION On motion by Council Member Humphrey, seconded by Vice Agreement Approved Mayor Genis, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MF24BERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Deputy Clerk presented a request to appoint a member Senior Citizens to the Senior Citizens Committee. Committee On motion by Council'Member Glasgow, seconded by Council MOTION/Marie Member Buffa, and.carried 5-0, Marie Maples was re - Maples Re -appointed appointed.to.the Senior Citizens Committee. NEW BUSINESS The Deputy Clerk presented the Memorandum of Understand - Costa Mesa ing with the Costa Mesa Civic Playhouse. Civic Playhouse The Director of Community Services summarized staff's memorandum dated May 8, 1991. The City Attorney stated the City will provide facili- ties as provided through a lease agreement, and that agreement will require proof of insurance. The Mayor requested the Director of Community Services to research the City's assistance with operating costs as reported in Item 7, Page 32, of the Memorandum of Understanding. A discussion ensued regarding the City's financial arrangements with the Civic Playhouse. John Moorlach, 3169 Madeira Avenue, Costa Mesa, stated the City should not be using public funds to subsidize the community theater, and he suggested several changes in the Memorandum of.Understanding. Jane Sharp, 640 Whitney Way, Costa Mesa, member of the Board of Directors .of the Costa Mesa Civic Playhouse, speaking for herself and not the Board, stated that she would refuse to sign the proposed statement the Board was requested to sign stating that as a Board they would do everything possible to ensure that the Costa Mesa Civic Playhouse would not present any play that attacks the religious beliefs of the citizens of Costa Mesa, and she asked that the Memorandum of Understanding be viewed on its own merit. Alice Leggett, 1088 Salinas Avenue, Costa Mesa, Cultural Arts Committee liaison to the Costa Mesa Civic Play- house, requested clarification regarding review of theater productions by the Committee, and the City Attorney said that -nothing in this agreement would make funding contingent upon the content of the theater productions. John Feeney, 1154 Dorset Lane, Costa Mesa, clarified that he had requested the Civic Playhouse Board to sign the proposed statement regarding religious beliefs. Diana Taylor, Vice President, Board of Directors, Costa Mesa Civic Playhouse, stated that it was not the intent of the Playhouse to produce a play that would offend. The City Manager clarified that the Memorandum of Under- standing under consideration was prepared by the City Attorney's office, and the program budget details the cost for the Civic Playhouse within the Community Services activity area. Jim Meehan, 3147 Country Club Drive, Costa Mesa, questioned the appropriateness of providing funds for the arts. MOTION On motion by Council Member Buffa, seconded by, Council Continued to Member Glasgow, and carried 5-0, this item was continued June 17, 1991 to the meeting of June 17, 1991; the City Manager was directed to have staff investigate the origin of the 1988 Memorandum of Understanding and whether or not it is binding; and to provide as complete a breakdown as possible of all.City-incurred expenses for sustaining the Costa Mesa Civic Playhouse. NEW BUSINESS The Deputy City Clerk presented a Request for Proposal Cultural Arts for a comprehensive Cultural Arts Assessment. Assessment The City Manager explained that this item is actually a proposal from the Cultural Arts Committee. Alice Leggett, 1088 Salinas Avenue, Costa Mesa, Cultural Arts Committee, stated the Cultural Arts Assessment would address community interests in order to properly direct programs. She stated a study could be done to compare and contrast cultural arts interests in Costa Mesa with other cities of a.similar size. John Moorlach, 3169 Madeira Avenue, Costa Mesa, submit- ted a letter to Council stating his opposition to the proposed Request for Proposal, and suggesting a ballot measure to indicate the citizens preference for funding the arts. John Feeney, 1154 Dorset Lane, Costa Mesa, asked if the survey offered the choice of arts funding or general municipal services.. He questioned the objectivity of the consultants which are basically arts -oriented survey organizations. A discussion ensued regarding the wording of the arts questionnaire and the funding options. During discussion Council requested: (1) if polling is to be done by telephone.or mail, that Council review the list of questions prior to use; (2) target the survey to determine to what extent the citizens of Costa Mesa desire the City to financially support artists and/or arts organizations in relationship to other municipal services; and (3) determine the value the citizens of Costa Mesa place on having access to cultural programs and activities. In addition, the City Manager was requested to work with the Cultural Arts Committee to refine the Request for Proposal, specifi- cally to assess the value the citizens of Costa Mesa place on having access to cultural events and oppor- tunities. Motion Made to A motion was made by Council Member Buffa, seconded by Approve RFP Council Member Glasgow, to approve the Request for Proposal as drafted,' ted, providing that a comparison be made with the 10 cities in Orange County closest to this City's population;'and that the funds be taken from the 1991-92 budget. AMENDED MOTION On motion by Council Member Buf fa, seconded by Council RFP Approved in Member Glasgow, and carried 4-1, Vice Mayor Genis voting Concept no, the Request for Proposal was approved in concept, the specifics to be brought back at a future meeting with a greater emphasis on the same points mentioned previously. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORT Government Code Section 54956.9(b)(1) to discuss People Request for vs. Orville Amburgey. Closed Session Lawrence K. Harvey, Attorney at Law, 1500 Quail Street, Suite 440, Newport Beach, representing Orville Amburgey, requested to present information at the closed session, and he was informed by the Mayor that his attending the closed,session was not appropriate. He made a presen- tation to support Mr. Amburgey's request for defense costs . , Mayor Hornbuckle announced that closed session will be held following close of regular business. COUNCIL MEMBER Council Member Buffa suggested the sound system be COMMENTS checked out prior to the next meeting. He also Sound System suggested that regarding fireworks, every police cadet be placed on the streets on the evening of July 4th Fireworks Enforcement to cite those who are tossing fireworks. Ban on Smoking Vice Mayor Genis noted that there had been smoking in the City's ladies room, and suggested exploring either Grants Acknowledged a ban on smoking in public buildings or at least a ban on smoking in restrooms in public buildings. She also Exploitation of stated that when organizations receive grants from the Children City, it should be acknowledged by listing the City as a sponsor on the program or flyer as a courtesy to the taxpayers of the City of Costa Mesa. She commented on the fact that she is offended by the exploitation of children by bringing them to hearings to sway a cause. Costa Mesa Mayor Hornbuckle congratulated the Costa Mesa Civic Civic Playhouse Playhouse on their -,entry "Graceland" which won the Western Regional Division Competition of the American Association of Community Theatres. ADJOURNMENT TO CLOSED SESSION MEETING RECONVENED People vs. Amburgey MOTION Continued to June 3, 1991 um•r"ia At 12:40 a.m., the Mayor adjourned the meeting to a closed session in the first floor Conference Room to discuss People vs. Orville Amburgey. At 1:25 a.m., the Mayor reconvened the meeting, and the City Attorney announced that a motion was made, seconded, and carried 5-0, to continue this item for two weeks pending Orville Amburgey's meeting with the District Attorney. The Mayor declared the meeting adjourned at 1:30 a.m. Mayor co the City of Costa Mesa ATTEST: ity Clerk of the City of Cost Mesa