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HomeMy WebLinkAbout06/03/1991 - City Councilofia REGULAR MEETING OF THE CITY COUNCIL . CITY OF.COSTA MESA JUNE 3, 1991 The City Council of the City of Costa Mesa, California, met in regular session June 3, 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 Rod Randall, Harbor Trinity 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: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris Principal Planner R. Michael Robinson Assistant to the City Manager Rick Pickering City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council May 20, 1991 Member Humphrey, -and carried 5-0, the minutes of the regular meeting of May 20, 1991, were approved. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Hornbuckle read a proclamation declaring June 17, D.A.R.E. Fair Day 1991, as "D.A.R.E. Fair Day", and presented the document to D.A.R.E. Program Police Officers Darlene Bell and Paul Cappuccilli. ORAL Bert Ohlig, 487 Esther Street, Costa Mesa, spoke about COMMUNICATIONS inadequate environmental data for Mesa Consolidated Water District Water District.Reservoir No. 2.. Mr. Ohlig submitted Reservoir No. 2 a detailed report on the project. - Fairgrounds Norman Snow, 2746 San Juan Lane, Costa Mesa, urged Council to continue to monitor the activities at the Fairgrounds, and spoke about the continuing problems its lessees have caused for the neighborhood. Estancia High Kent Schisler, 2974 Ceylon Drive, Costa Mesa, announced School Garage Sale that a garage sale would be held in the Estancia High School parking lot on Saturday,.June 8, 1991, adding that any donation of items would be appreciated. Costa Mesa Civic Anne Shereshevsky, 2152 Elden Avenue, Costa Mesa, Association announced the, Costa Mesa Civic Association's meeting on Tuesday, June .4, 1991, 7:00 p.m., at the west side Police Substation, 567 West 18th Street. She reported that Finance -Director Susan Temple would be the guest speaker. Mrs. Shereshevsky also mentioned that the Manager of the Fairgrounds would speak at their meeting scheduled for July 2, 1991. Miscellaneous Anne Shereshevsky ccmmented on other miscellaneous Topics subjects: fireworks ordinance not being publicized; Los Angeles Times Newspaper making an error regarding smoking at the Senior Center; and static interference on her car radio while driving on Orange Avenue. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about the signals on Harbor Boulevard not being synchronized; former Planning Commissioner Brian Theriot's accusations regarding Mayor Hornbuckle's voting on the construction of a cul-de-sac on Raleigh Avenue; whether businesses affected by the Newport Boulevard rejuvenation had recovered their losses; Council's assisting in any way possible so that automobile dealers' businesses will thrive in Costa Mesa; and suggested that available City funds be donated to local schools instead of the arts. Rio Rehabilitation Nancy Palme, 1997 Kornat Drive, Costa Mesa, commented Institute on the excellent work being done for the handicapped at the Rio Rehabilitation Institute in Orange. CONSENT CALENDAR On motion by Council Member Buffa, seconded by Vice Mayor Genis, all 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 Buffa, seconded by Vice Mayor Genis, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Ernestine Burge; Hugo Pedro Busca; Lori Costa; Elizabeth Ederer; Henry G. Gallegos and Bersabe Gallegos; Bersabe Gallegos and Henry G. Gallegos; Brandon Kelly; Sean Aran Mallard; Meloni A. McMinimy; Thomas L. Sullivan; Robert Washer; and Jeff Zych. Public Notice that Application No. 91-05-022 was filed by Utilities Southern California Gas Company with the California Ccmmission Public Utilities'Commission, requesting an increase in its authorized rate.of return from the current 10.79 percent to 11.14 percent. Local Agency Notice from the Orange County Local Agency Formation Formation Commission that a determination will be made June 5, Commission 1991,•without notice or hearing on four proposed annexations to the Costa Mesa Sanitary District, located in the general areas listed below: Annexation No, 238, Bristol Street and Red Hill Avenue; Annexation No. 239, Smalley Road and Salinas Avenue; Annexation 240, Gisler Avenue and Bear Street; and Annexation 242, Adams Avenue and Fairview Road. - BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Jewish War Veterans of the Jewish War Veterans U.S.A., Post 595, Post office Box 5322, Huntington Beach, by soliciting funds through sale of poppies from MOTION May 25 through June 9, 1991. On motion by Council Permit Approved Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the permit was,approved with application of Municipal Code Section 9-127(d). 1 C 1 United Children's Notice of Intention to Appeal or Solicit for Charitable Fund Purpose was received from United Children's Fund, 1747 Pennsylvania Avenue Northwest, Washington, D.C., by MOTION soliciting funds from June 1, 1991, to May 31, 1992. Permit Approved On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the permit was approved with application of Municipal Code Section 9-127(d). SET FOR PUBLIC A motion was made.by Council Member Buffa, seconded by HEARING Vice Mayor.Genis, adopting.Resolution 91-40, A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Landscaping.Assess- CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ment District No. 1 ASSESSMENTS DURING FISCAL YEAR 1991-1992 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER 1, MOTION for Tracts 9901 and 12011, 100 parcels, setting a public Resolution 91-40 hearing on June 17, 1991, at_6:30 p.m. The motion Adopted; Hearing Set carried by the following roll call vote: for June 17, 1991 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey - NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Landscaping. Assess- ment District No. 2 MOTION Resolution 91-41 Adopted; Hearing Set for June 17, 1991 MOTION Warrant 1495 Approved ADMINISTRATIVE ACTIONS Alley Pavement Improvements on Palace Avenue Project No. 91-03 MOTION Awarded to Clayton Engineering A motion was made by Council Member Buffa, seconded by Vice Mayor Genis, adopting Resolution 91-41, A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS DURING FISCAL YEAR 1991-1992 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER 2, for Tract 10513, 41 parcels, setting a public heariang on June 17, 1991, at 6:30 p.m. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL 14EMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Council Mayor Genis, Warrant 9111, was approved by AYES: COUNCI LMember Buffa, seconded by Vice Resolution 1495, including Payroll the following roll call vote: MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey MEMBERS: None MEMBERS: None NOES: COUNCIL ABSENT: COUNCIL Bids received for Alley Pavement Improvements on Palace Avenue from 20th:Street to Hamilton Street, Project No. 91-03, are on file in the Clerk's office. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the contract was awarded to Clayton Engineering, Incorpor- ated, 23011 Moulton Parkway, Unit J-11, Laguna Hills, for $157,645.50. 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 Notice of Completion 1990-91 New Sidewalk Construction - Wilson Street, J & B Kovac Project No. 91-01, was completed to the satisfaction of Engineering the Public Services Director by -J & B Kovac Engineering, 9272 Cloudhaven Drive, Huntington Beach, on May 8, 1991. 1990-91 New Sidewalk On motion by Council Member Buffa, seconded by Vice Construction - Mayor Genis, the work was accepted; the Clerk was Wilson Street; authorized to file a Notice of Completion; authorization Project No. 91-01 was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 MOTION months thereafter; and the Performance Bond was ordered Work Accepted exonerated 12 months thereafter. 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 Bid Item No. 852, Staff recommended renewal of annual contracts for Bid Renewal of Temporary Item No. 852, Temporary Personnel Services, with the Personnel Services following providers: Kelly Temporary Services, 5 Park Contracts Plaza, Suite 1280, Irvine; Thomas Temporaries, 3151 Airway Avenue, Suite H-2, Costa Mesa; and Apple One, 3940 South Bristol Street, Suite 208, Santa Ana. On MOTION motion by Council Member Buffa, seconded by Vice. Mayor Contracts Approved Genis, authorization was given to renew the annual contracts by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with Staff requested approval of an agreement with Southern Southern Cali- California Health Services, 2011 North Ross Street, fornia Health Santa Ana, for $18,600.00, to provide a physical fitness Services program for the Police Department personnel. On motion by Council Member Buffa, seconded by Vice Mayor Genis, Police Physical the contract was approved, and the Mayor and Clerk were Fitness Program authorized to sign on behalf of the City. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Agreement Approved Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -91-27 set for the public hearing to consider an appeal of and Tentative Parcel the Planning Commission's denial of Planning Action Map S-91-126/Beutel PA -91-27 and Tentative Parcel Map S-91-126, from Curt, Harry, and Linda Beutel, for a Conditional Use Permit to convert a two -unit, occupied apartment project to condominiums; and a tentative parcel map for a three - lot subdivision including one common lot, located at 322-A and 322-B Rochester Street in an R2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. Communications were received from Alice Bendlin Fisher, 1753 Tustin Avenue, Costa Mesa, and Nadine Sutton Rodriguez, 2221 Vista Dorado, Newport Beach, in which they presented historical facts about the house on the site (322-A Rochester Street). The Deputy City Manager/Development Services reviewed the Associate Planner's memorandum of May 29, 1991, explaining that although staff recommended approval, the Planning Commission denied the application based on the findings that the subject units are outside the scope of that which was anticipated by the condo- minium conversion ordinance, and that the units are not compatible with each other due to the extreme differ- ence in age. (Unit "A" was relocated to the present site in 1955; Unit"B" was approved in 1988.) Curt Beutel, one of the owners of the property, stated that he had met all the criteria for the conversion, and felt he was being harmed by the findings made by the Planning Commission. The following persons spoke in support of the project: Mark Rogers, 321 Rochester Street, Costa Mesa; Gary Bucher, 270 East 18th Street, Costa Mesa; and Sid Soffer, 900 Arbor Street, Costa Mesa. Ed Briggs, Briggs Development, 23046 Avenida de la Carlotta, Suite 315, Laguna Hills, commented that he has built this type of development and addressed some of the concerns of the Planning Commission. He indicated that a loan cannot be obtained for this type of condominium project unless an arbitrator is provided. He also explained the responsibility of the owners in maintaining the site. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Genis, seconded by PA -91-27 and Council Member Buffa, and carried 5-0, to reverse the S-91-126 Approved decision of the Planning Commission by approving Plan- ning Action PA -91-27 and Tentative Parcel Map S-91-126 based on staff's findings and Conditions of Approval contained in the Staff Report. Vice Mayor Genis.suggested that staff investigate regulations for two -unit condominium projects in the R2 zone. Mayor Hornbuckle mentioned that this subject will be discussed at the joint Planning Commission/Council Study Session scheduled for June ll, 1991. . Vice Mayor Genis thanked Alice Bendlin Fisher and Nadine Sutton Rodriguez for the historical data they provided. PUBLIC HEARING The Clerk announced that this was the time and place set Abandonment of for the public hearing to consider the "abandonment of a Property at Newport public street located at the southeast corner of Newport Boulevard and Old Boulevard and old 17th Street, to declare the property 17th Street; as surplus, and to declare theintention to dispose of Declaring Site to said surplus real property, The Affidavits of Publish - be Surplus Property ing and Posting are on file in the Clerk's office. No communications were received. The Public Services Director summarized his report dated May 24, 1991, which provides background information on the site, and reported on the options for disposing of the land: (1) Enter into an exclusive negotiation agreement with the adjacent property owner for purchase of the property at the appraisal price; (2) Hold a public auction inviting open voice bids with a minimum bid required; (3) Accept closed bids; and (4) Accept closed bids and open them; then accept voice bids in excess of the highest qualified closed bid. Gene Scarcello, 1706-B Newport Boulevard, Costa Mesa, owner of the adjacent property, requested Council to allow him to negotiate with the City for purchase of the land so that by combining the parcels, an appropriate project could be developed on the site. He offered to remove the billboards at 1700 Newport Boulevard at no cost to the City, and to retain as many of the large trees as possible. Jin S. Kim, 53 Bluecoat, Irvine, expressed his desire to have the opportunity to purchase the land and urged Council to sell the site through public auction. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that the City would receive more money if the property were sold through the open bid process. Nancy Palme, 1997 Kornat Drive, Costa Mesa, asked about the size of the parcel. The Public Services Director responded that the site contains approximately two- fifths of an acre, with frontages of 200 feet along Newport Boulevard and 90 to 100 feet along 17th Street. MOTION Resolution Adopted MOTION Resolution Adopted There being no other speakers, the Mayor closed the public.hearing On motion by Council Member Buffa, seconded by Council 91-42 Member Humphrey, Resolution 91-42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A PUBLIC STREET LOCATED AT THE SOUTHEAST CORNER OF NEWPORT BOULEVARD AND OLD 17TH STREET, was adopted by the following roll call vote: AYES: COUNCIL MF14BERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None A motion was made by Council Member Buffa, seconded by 91-43 Council Member Humphrey, to adopt Resolution 91-43, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING THAT PROPERTY AT THE SOUTH- EAST CORNER OF NEWPORT BOULEVARD AND OLD 17TH STREET IS SURPLUS PROPERTY AND DECLARING ITS INTENTION TO DISPOSE OF SAID REAL PROPERTY, based on a negotiated sale to Mr. Scarcello at the minimum bid set forth in the confi- dential memorandum dated May 24, 1991, specifically $695,000.00. Vice Mayor Genis and Council Member Glasgow opposed the motion because they.believed that the appropriate means for disposing of the property would be by the bid process. AMENDED MOTION Council Member Buffa amended the motion by adding that Stipulated that proceeds from the sale shall be deposited into the Parks Proceeds Shall go Fund. The amended motion was seconded by Council Member into Parks Fund Humphrey, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Buffa, Humphrey NOES: COUNCIL MEMBERS: Genis, Glasgow ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Park Dedication for the public hearing to consider an ordinance amending and In -lieu Fees Sections 13-490 and 13-493 of Article 5, Chapter III, .Title 13 of the Costa Mesa Municipal Code, relating to park and recreation fees in -lieu of land dedication and credits therefor. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. A communication was received from Orange County Building Industry Association (BIA), 2001 East Fourth Street, Santa Ana, supporting staff's amendments to the ordi- nance establishing average value of existing park land as the basis for the in -lieu fee schedule, and granting credits for units which are demolished as part of a proposed subdivision. A communication was also received from Richard Sewell, Westbay Properties; 136 Rochester Street, Costa Mesa, stating that present park fees are more than adequate to improve existing parks. Mr. Sewell also submitted a "Survey of Park Use" dated February, 1991, which contains photographs taken on Sunday, February 3, 1991, between noon and 3:00 p.m., at various City parks. The pictures indicate that the parks were empty or had very few people utilizing them. The Principal Planner summarized his memorandum dated May 29, 1991, which contains three recommendations from the Planning Commission; background data on the revised �I ordinance with specific amendments; and an analysis of the proposal. He explained that the proposed ordinance does not include the revised in -lieu fees; these will be provided in a resolution in conjunction with second reading and adoption of the ordinance. '-George Sakioka, Sakioka Farms, Incorporated, 14850 East Sunflower Avenue, Costa Mesa, stated that the "Quimby Act" provides that credit shall be granted for private open space to be used by the new subdivision residents. He opposed the ordinance provision allowing the public to use private park.and recreational facilities because of the liability issue and the.fact that the property would be taken off the tax rolls. Mr. Sakioka stated that he could support the ordinance if Council were to delete "and the public" shown on the first line of Page 8 in staff's report. Kerry Smith, Harbinger Homes, Incorporated, 375 Promon- tory Drive West, Newport Beach, commented that the fees should be based on the City's park land needs, and until these needs are determined, the fees should not be changed. He requested that if Council decides not to invoke the fees this evening, the 30 -day notice adopted previously should be suspended. Malcolm Ross, C. J._Segerstrom and.Sons, 3315 Fairview Road, Costa Mesa, agreed with statements made by George Sakioka, and added that his interpretation of the "Quimby Act" is that in order to guarantee that the new residents of a subdivision have adequate park space, a fee may be assessed, or private facilities may be given credit. He believed the "Quimby.Act" was intended to allow; or even foster privately owned park space for private use, with credit given for that space. Mr. Ross felt that it was necessary to determine whether new facilities are needed or more park sites. Ed Briggs, Briggs Development, 23046 Avenida de la Carlotta, Suite 315, Laguna Hills, disagreed with the proposal to provide for private recreational facilities to be open to the public, one reason being the liability factor. Richard Sewell, 136 Rochester Street, Costa Mesa, stated that based.upon his.investigation of the use of City parks, fees should be used to improve facilities rather than to acquire new park land. Sid Soffer, 900:Arbor Street, Costa Mesa, contended that any park fees collected by the City should be used in the area reasonably close to the area frau which the fees were collected. There being no other speakers, the Mayor closed the public hearing. During discussion, Council Members Hornbuckle, Genis, and Humphrey indicated that they disagreed with the Planning Commission's first recommendation to postpone adoption of the ordinance until after the updated General Plan and Master Plan of Parks and Recreation are adopted. Council Member Glasgow favored the post- ponement since the study of park needs has not been completed. As to the second Planning Commission recommendation to amend the revised ordinance by deleting park dedication and/or fee credits for private open space facilities, Vice Mayor Genis commented that some credit must be given for private open.space; however, she felt that the dollar -for -dollar credit shown in the ordinance is too generous. Council -Member Humphrey agreed that some credit must be given for private recreational areas. In regard to the Planning Commission's third recommenda- tion to reaffirm the existing policy to consider the entire City as one Park District for purposes of imple- menting the requirements of the "Quimby Act", Vice Mayor Genis agreed that one Park District should be retained for now, but should not preclude an adjustment after the Master Plan of Parks and Recreation is adopted. Motion Made to A motion was made by Vice Mayor Genis, seconded by Mayor Give First Reading Hornbuckle, to give first reading to the ordinance as to Ordinance with prepared by staff, with the following change: delete Modifications "dollar for dollar" on the 15th line, Page 8, of the report. Mayor Hornbuckle suggested deleting "and the public" on the first line of Page 8. SUBSTITUTE MOTION A substitute motion was made by Council Member Humphrey, Gave First Reading seconded by Vice Mayor Genis, to give first reading to to Ordinance 91-14 Ordinance 91-14, AN ORDINANCE OF THE CITY COUNCIL OF with Modifications THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 13-490 AND 13-493 OF ARTICLE 5, CHAPTER III, TITLE 13 OF THE -COSTA MESA MUNICIPAL,CODE RELATING TO PARK AND RECREATION FEES IN LIEU OF LAND DEDICATION, with the following changes: delete "and the public" on the first line of Page 8 of staff's report; also on Page 8, the first sentence of the paragraph starting on the 15th line shall read, "Credit shall be granted, dollar for dollar, for the value of,park and recreational areas and other improvements as approved by the Planning Commission." Council Member Buffa opposed the motion because it was his belief that this City has.more park land than any other city in the county; therefore, the need is for improved facilities, not additional park land. He stated that if Council were to enact this ordinance, park fees would double and adversely affect the develop- ment of affordable housing. Council Member Glasgow also opposed the motion, stating it was inappropriate to raise taxes at this time. The substitute motion by Council Member Humphrey, to give first reading to the ordinance as amended, carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Humphrey NOES: COUNCIL MEMBERS: Buffa, Glasgow ABSENT: COUNCIL MEMBERS: None The Principal Planner announced that the park fee resolution will be scheduled for the meeting of June 17, 1991, along with second reading and adoption of Ordi- nance 91-14. RECESS The Mayor declared a recess at 9:05 p.m., and the meet- ing reconvened at 9:20 p.m. OLD BUSINESS The Clerk presented from,the meeting of May 6, 1991, Solicitation Permit Solicitation Pennit.No. 3040 issued to American National No. 3040 for Veterans, 1220-24 East Washington, Suite 128, Colton, American National for the period -June 30, 1990, to June 30, 1991, which Veterans was approved by Council July 2, 1990. The Clerk also presented City Attorney's Report No. 91-31. The Deputy City Manager/Development Services reported that staff had contacted the applicant's attorney earlier in the day, and he cannot submit the required financial statements because the documents have been seized by the State Attorney General's Office. The Deputy City Manager stated that the applicant's attorney concurred with staff's recommendation to continue to prohibit solicitation for the balance of this month, after which time the permit will have expired. The City Attorney summarized his Report No. 91-31, reporting that pursuant to Council's request at the meeting of May 6, 1991, he has determined that financial statements of the applicant, such as profit and loss information, are subject to disclosure. MOTION On motion by Council Member Humphrey, seconded by Vice Permit Revoked Mayor Genis, and carried 5-0, the permit was revoked, effective immediately, based on the finding that the organization failed•to provide financial statements. OLD BUSINESS The Clerk presented a proposed ordinance regulating the Regulating the sale and discharge of safe and sane fireworks. Sale and Discharge of Safe and Sane A communication was received from Norman Manz, 2970 Fireworks Harbor Boulevard; Suite.210; Costa Mesa, -representing Estancia Girls Soccer Boosters, thanking Council for their favorable decision allowing charitable organiza- tions to sell State -approved fireworks. A communication was received from Sherrie Neft, 3132 Madeira Avenue, Costa Mesa, expressing appreciation to Council for doing their best to enact a fireworks ordinance under the existing circumstances. The City Attorney read his Report No. 91-28A, which states that the revised ordinance provides that fireworks may be sold only to persons over the age of 18 years; discharge of fireworks may only occur with an adult present on July 4th between 4:00 p.m. and 10:00 p.m.; and prohibits tossing or positioning of fireworks in such a manner as to come in contact with another person, private property, or real property without their consent. The City Attorney explained that two ordinances have been drafted: Draft "A" requires a majority vote by Council and would become effective 30 days after adoption; Draft "B" requires a four-fifths vote and would become effective immediately. He mentioned that Council's request at the last meeting to also ban spark- lers was inadvertently omitted and should be added to Subsection (a) after "dangerous fireworks", and the language should read, "and wood core or metal core sparklers, as those terms are . . . ". Vice Mayor Genis suggested adding a phrase indicating a ban on the "use" of dangerous fireworks and sparklers. The City Attorney recommended adding that language to Subsection (a), first line, "No fireworks shall be used, sold, or . Dennis Revell, Revell Communications, 1121 "L" Street, Suite,806, Sacramento, representing American West Marketing, Incorporated, and Freedom Fireworks, Incor- porated, spoke in support of Draft "B" incorporating the.above-mentioned modifications. He also reported that his clients will.limit the sale of fireworks to July 1, 2, 3, and 4 even though the ordinance does not address it. Anne Shereshevsky, 2152 Elden Avenue, Costa Mesa, commented that a.majority of the electorate voted for a ban on fireworks, and she felt the ordinance would be unenforceable. MOTION A motion was made by Vice Mayor Genis, seconded by Urgency Ordinance Council Member Glasgow, to adopt Ordinance 91-15, AN 91-15 Adopted URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 9-190 OF THE COSTA MESA MUNICIPAL CODE RELATING TO THE SALE AND USE OF FIREWORKS, which shall include the two aforementioned amendments, as well as the following changes: Subsec- tion (b), last sentence, delete "a" and add the words "an ignited" firework of any kind . . . "; delete the following words from the end of Subsection (b), "without the consent of such person"; after the first sentence in Subsection (b), add the sentence, "No fireworks shall be sold or offered for sale within the City unless such sale occurs between July 1 and July 4, inclusive." 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 Council Member Buffa requested that an item be placed on the agenda for the June 17, 1991, meeting: a report from the Police.Department on enforcing the fireworks ordinance. Mayor Hornbuckle stated that she would vote for the ordinance because she felt it was best to have some regulation rather than none. She requested staff to also place on the agenda for June 17, 1991, an item regarding a binding fireworks measure to be placed on the ballot for the election in November, 1991. F� Vice Mayor Genis recommended that if Council were to place a fireworks measure on the ballot, those people whosupport a ban should contact the City Clerk very early to obtain information on ballot arguments. OLD BUSINESS The Clerk presented a request from Costa Mesa Teen Ice Costa Mesa Teen Ice Skating Precision Team, 2701 Harbor Boulevard, to modify Skating Precision the Advertising and Promotional grant of $3,500.00 which Team Council awarded to them on March 4, 1991. The City Manager referred to staff's memorandum dated May 29, 1991, which explains the organization's request to use only $800.00 for team purposes, and decline the remaining $2,700.00 which was to be used for the West Coast competition that they cannot attend. MOTION On motion by Council Member Buffa, seconded by Council Grant Reduced to Member -Humphrey, and carried 5-0, the reduced grant $800.00 of $800.00 was approved. OLD BUSINES The Clerk presented staff's proposal for aesthetic Aesthetic Upgrade upgrades for the Victoria Street widening project. for Victoria Street ' The Public Services Director summarized his memorandum dated May 29, 1991, which provides background data and a detailed description of the aesthetic improvements: sound walls -patterned block - $170,000.00; ornamental lighting - $44,000.00; colored concrete bike trail - $25,000.00; colored concrete sidewalk - $44,000; 10 additional concrete pads - $46,000.00; 20 added benches - $10,000.00; and 4 added tables - $4,000.00; for a total of $343,800.00.. The Director stated that the cost can be funded from the project's bond account. F� c During discussion, the Public Services Director answered questions about the upgrades, and advised that climbing vines would be planted along the walls; in time, the walls should be completely covered with greenery. Council Member Buffa was in favor of approving all the aesthetic improvements presented by staff. Motion to Approve Council Member Buffa made a motion to approve the All Upgrades Died upgrades detailed in staff's memorandum for an amount not to exceed $343,800.00 which shall be taken from the Victoria Street bond funds. The motion died for lack of a second. Motion was Made to A motion was made by Council Member Buffa, seconded by Approve Upgrades Council Member Humphrey, to approve all upgrades except Except for for the patterned, block sound walls. Council Member Patterned Wall Buffa commented that if the walls will be covered by vines, the more expensive materials would not be needed. (During later discussion, Council Member Buffa withdrew the motion.) Substitute Motion Council Member Humphrey mentioned that without the to Allocate patterned, block sound walls, the amount would be $200,000.00 Failed reduced to $173,800.00, and made a substitute motion to Carry 'to allocate an amount not to exceed $200,000.00 of bond money for aesthetic improvements, excluding upgraded walls. Vice Mayor Gerais was opposed to that motion and recommended that Council vote -on each item. (During later discussion, a vote was taken on this substitute motion, and it failed to carry 3-2, Council Members Hornbuckle, Genis, and Glasgow voting no.) SECOND SUBSTITUTE A second substitute motion was made by Vice Mayor Genis, MOTION seconded by Mayor Hornbuckle, to approve $14,000.00 of Allocated $14,000.00 bond money for benches and tables. Council Member Buffa for Benches and would not support the motion, and expressed his desire Tables to have the project aesthetically upgraded. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None MOTION `A motion was made by Vice Mayor Genis, seconded by Mayor Approved Additional Hornbuckle, to'approve 10 additional concrete pads at a Concrete Pads cost of $46,000.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None Motion to Approve A motion was made by Council Member Humphrey, seconded Colored Concrete for by Mayor Hornbuckle, to approve colored concrete for Bike Trails Failed bike trails at a cost of $25,800.00. The motion failed to Carry to carry, Council Members Genis, Buffa, and Glasgow voting no. MOTION A motion was made by Council Member Humphrey, seconded Approved Stub -outs by Vice Mayor Genis, to stub out electrical availability for Electrical to potential lighted monument markers at various inter - Availability sections, containing the name of the subdivisions as selected by homeowner or neighborhood associations, with the stipulation that the City provide the stub - outs and the associations provide the monuments. During discussion, Council Member Humphrey clarified that the monuments shall be at major intersections within the project. Based on that information, the. M .113 E Public Services Director advised Council that eight stub -outs would be required at a cost of approximately $15,000.00. The motion to provide eight electrical stub -outs at the above estimated cost carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: Glasgow ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented a request from Orange County Orange County Marathon, Incorporated, 567 San Nicholas Drive, Suite Marathon 201, Newport Beach, for official City endorsement and waiver of related police services costs. Staff recom- mended a two-week continuance. Vice Mayor Genis requested that staff provide an esti- mate of police services costs when this item comes back on the agenda. MOTION On motion by Council Member Buffa, seconded by Council Continued to Member Humphrey, and carried 5-0, this request was June 17, 1991 continued to the meeting of June 17, 1991. NEW BUSINESS The Clerk presented a recommendation to establish a Golf Course Capital Golf Course Capital Improvement Fund. Improvement Fund The City Manager summarized staff's memorandum dated May 28, 1991, reporting that the Golf Course Committee recommended a $2.00 per round fee, effective July 1, 1991, specifically designated for golf course capital improvements. Mayor Hornbuckle questioned the practice of allowing such a large number of complimentary rounds of play (Page 4 of the report). Motion to Delay A motion was made by Council Member Buffa to approve the Fee Increase establishment of a Golf Course Capital Improvement Died Fund in concept, but suspend any consideration of an increase in green fees until an evaluation is received on the entire golf course operation. The motion died for lack of a second. MOTION A motion was made by Council Member Humphrey, seconded Approved Fee by Council Member Glasgow, to approve a fee increase of Increase $2.00 per round effective July 1, 1991, and specifying that the additional fee shall be earmarked for the Capital Improvement Fund. Vice Mayor Genis stated that she would support the motion; however, she requested that Council review this item after some of the capital improvements have been completed to determine whether the additional fee is still appropriate. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow, Humphrey NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None NEW BUSINESS Agreement with The Clerk presented an agreement with Willdan Associ- Willdan Associates ates, 888 South West Street, Anaheim, for $12,000.00, to provide special tax consulting services in conjunc- Community Facili- tion with considering the merits of initiating a ties District Mello -Roos Special Tax District (Community Facilities 91-1 (Plaza Tower) District No. 91-1, Plaza Tower Project). A communication was received from Richard G. Nelson, 600 Anton Boulevard Associates, 3315 Fairview Road, Costa Mesa, offering to pay for the Willdan services. MOTION On motion by Council Member Buffa, 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: CITY ATTORNEY REPORT Late Claim from Wellington MOTION Claim Accepted CITY ATTORNEY REPORT Renewal of City's Insurance CITY ATTORNEY REPORT Smoking Ordinance AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The City Attorney presented a recommendation from the Deputy City Attorney to accept the Application for Leave to Present a Late Claim from Mary 0. Wellington. He referred to the Deputy Attorney's confidential memoran- dum dated May 28, 1991, which explains the reasons for accepting the claim. On motion by Council Member Humphrey, seconded by Vice Mayor Genis, and carried 5-0, the claim was accepted. The City Attorney presented his request for authoriza- tion to renew the City's insurance coverages as outlined in his memorandum dated May 28, 1991. On motion by Council Member Buffa, seconded by Council Member Humphrey, the City Manager was authorized to bind for insurance coverage and to enter into an agreement with Robert F. Driver Company, the City's broker of record. The motion carried by the following roll call vote: AYES: COUNCIL ME24BERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey None None The City Attorney presented his Report No. 91-33 and a proposed ordinance relating to smoking in public facilities. A petition was received,..signed by 43 City employees, expressing their concern about a total ban on smoking inside City facilities. The City Attorney reported that the ordinance prohibits smoking in public facilities owned, leased, or operated by the City of Costa Mesa, exclusive of multi -family residential buildings; the residential buildings are excluded in anticipation of senior housing which may be funded by the City in the future. He explained that the ordinance would prohibit smoking except for desig- nated areas, and suggested that Section 8-133 of the ordinance be amended by indicating that smoking areas shall be designated by resolution of the City Council. While answering questions from the Council, the City Manager briefly explained the existing Administrative Regulation regarding smoking areas. He stated that he has -worked out -.an accommodation with the Employees Association which would -permit smoking in the outdoor, partially enclosed areas adjacent -to the smoke tower in City Hall. The City Manager reported that the resolu- tion designating smoking areas would be presented at the same time second reading and adoption of the ordi- nance is placed on the agenda (June 17, 1991), and recommended designating the bar facility at the Costa Mesa Golf and Country Club as a smoking area. Vice Mayor Genis was concerned about the morale of the employees who signed the petition. The City Manager offered to meet with those employees to obtain their suggestions. The Vice Mayor stated that she hoped that City employees know that they have the right to petition the City Council directly at any time. Anne Shereshevsky, 2152 Elden Avenue, Costa Mesa, stated that the Los Angeles Times Newspaper indicated that the ordinance would allow smoking in City -owned residential buildings, such as the new Senior Center. Mayor Hornbuckle commented that she believed the news- paper meant allowing smoking in "senior housing", and the reference to the Senior Center was incorrect. David McCoy, 1997 Fullerton Avenue, Costa Mesa, stated that he is the first person in the State to sue an employer for a smoke-free work place, and the case has gone as far as the State Supreme Court. He reported that as a result of his efforts, California State University at Fullerton is a smoke-free campus at the present time. Mr. McCoy spoke at length about the health hazards related to smoking and second-hand smoke. MOTION On motion by Vice Mayor Genis, seconded by Council Approved Additional Member Humphrey, and carried 5-0, Mr. McCoy was granted Time to Speak additional time to -complete his presentation. Mr. McCoy was appalled at the number of teenagers who smoke, and felt that cigarette vending machines should be removed. He suggested that the proposed ordinance include the private sector. John Feeney, 1154 Dorset Lane, Costa Mesa, commented that the smoking debate has been going on for years. he believed that having designated smoking areas in City buildings was appropriate. Mr. Feeney stated that the Veterans Hall is a concern, and there should be designated areas in other City facilities. MOTION A motion was made by Council Member Humphrey, seconded Ordinance 91-16 by Vice Mayor Genis, to give first reading to Ordinance Given First 91-16, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Reading COSTA MESA, CALIFORNIA, ADDING CHAPTER V TO TITLE 8 OF THE COSTA MESA MUNICIPAL CODE AND AMENDING SECTIONS 2-86 AND 2-87 RELATING.TO SMOKING IN PUBLIC FACILITIES, including an addition to Section 8-133 indicating that designated smoking areas will be adopted by City Council resolution. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Glasgow, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MF24BERS: None CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Government Code Sections 54956.9(a) and 54956.9(b)(1) to discuss the following matters: Request for Closed Session/People v. People v. Orville Amburgey; and Amburgey; and City v. Fairgrounds City of Costa Mesa v. 0. C. Fairgrounds, Orange County Superior Court Case No. 65-06-79. A communication was received from Roger Blanchard, 1144 Sea Bluff Drive, Costa Mesa, opposing the City's paying for former Council Member Orville Amburgey's legal fees. A communication was received from Lawrence Harvey, 1500 Quail, Suite 440, Newport Beach, attorney for Orville �I ADJOURNMENT TO At 11:05 p.m., the Mayor adjourned the meeting to the CLOSED SESSION. first floor Conference Room to discuss People v. Orville Amburgey., and City of Costa Mesa v. the Fairgrounds. MEETING RECONVENED At 11:45 p.m., the Mayor reconvened the meeting and the City Attorney announced the action taken during closed session. People v. Amburgey A motion was made, seconded, and carried 4-1, Council Member Glasgow voting no, to deny a request from Orville MOTION/Denied Request Amburgey for the City.to pay his defense costs in the for Defense Costs matter of People v. Orville Amburgey. Council Member Buffa left the closed session after the Amburgey issue was decided. City v. Fairgrounds By a vote of 4-0, Council Member Buffa absent, the City OCSC Case 65-06-79 Attorney was directed to proceed with the lawsuit per his confidential memorandum dated May 28, 1991, relating to City of Costa Mesa v. Orange County Fairgrounds, Orange County Superior Court Case No. 65-06-79. ADJOURNMENT The Mayor declared the meeting adjourned at 11:50 p.m. -�� CZ/ - Mayor Yf the City of Costa Mesa ATTEST: City Clerk of the City of Cost Mesa 4 S with which he submitted a transcript of the .Amburgey, audio tape of the Council meeting held on June 1, 1987. Mr. Harvey was present and requested permission to attend the closed session. The Mayor responded that Council will make that decision based on advice from the City Attorney. (Closed session was held upon completion of regular business.) CITY MANAGER The City Manager presented the City's proposed budget REPORT for 1991-92, indicating that Council received copies of Presentation of the Program and Line Item Budgets -for review. 1991-92 City Budget The City Manager stated that the document reflects the Council's priorities, and provides for a total appro- priation of $64,042,450.00 for operations and capital improvements. He reported that copies would be avail- able the next day, June 5, at the public libraries and in the Clerk's office; and the budget would be discussed at a special Council Study Session on June 10, 1991, at 12:30 p.m., in the fifth floor Conference Room. (On Tuesday, June 5, the time for the special session was changed to 6:30 p.m.) CITY MANAGER REPORT The City Manager introduced the new standardized format Standard Format which will be used for all Council Agenda reports except for Agenda Reports for legal opinions. COUNCIL MEMBER Council Member Humphrey congratulated the City employees COMMENTS responsible for quickly removing graffiti from the sound Graffiti Removal walls along the freeway. Variety Show Mayor Hornbuckle announced that Council Member Humphrey will be.performing at the Costa Mesa Senior Citizens Corporation Variety Show on June 6, 1991, at 7:00 p.m., at the Neighborhood Community Center. ADJOURNMENT TO At 11:05 p.m., the Mayor adjourned the meeting to the CLOSED SESSION. first floor Conference Room to discuss People v. Orville Amburgey., and City of Costa Mesa v. the Fairgrounds. MEETING RECONVENED At 11:45 p.m., the Mayor reconvened the meeting and the City Attorney announced the action taken during closed session. People v. Amburgey A motion was made, seconded, and carried 4-1, Council Member Glasgow voting no, to deny a request from Orville MOTION/Denied Request Amburgey for the City.to pay his defense costs in the for Defense Costs matter of People v. Orville Amburgey. Council Member Buffa left the closed session after the Amburgey issue was decided. City v. Fairgrounds By a vote of 4-0, Council Member Buffa absent, the City OCSC Case 65-06-79 Attorney was directed to proceed with the lawsuit per his confidential memorandum dated May 28, 1991, relating to City of Costa Mesa v. Orange County Fairgrounds, Orange County Superior Court Case No. 65-06-79. ADJOURNMENT The Mayor declared the meeting adjourned at 11:50 p.m. -�� CZ/ - Mayor Yf the City of Costa Mesa ATTEST: City Clerk of the City of Cost Mesa 4 S