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HomeMy WebLinkAbout02/16/1993 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA FEBRUARY 16, 1993 The City Council of the City of Costa Mesa, California, met in regular session February 16, 1993, at 6:30 p. in., 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 Mr. Wayne Kraiss, Southern California College. ROLL CALL Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Peter Buffa Council Member Joe Erickson Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Hornbuckle, seconded by Council February 1, 1993 Member Buffa, and carried 5-0, the minutes of the regular meeting of February 1, 1993, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, to read all ordinances by title only. PRESENTATION Mayor Genis presented Certificates of Congratulations to California Mesa Pride Contest School students Brittany Johnson, 3rd Grade, for winning the Mesa Winners Pride Drawing Contest on the theme "Artwork of your School, Play- ground, or School Bus, etc.", and Becca Silva, 5th Grade, for her winning essay on the theme, "Why a Good Education is Important to Me". Charles Markel, representing Mesa Pride, introduced Dan Worthington who presented Council with copies of the first annual Community Directory for the City of Costa Mesa, assembled by Mesa Pride, which will forthwith be available at no charge at City Hall, the Chamber of Commerce, utility companies, and selected real estate offices. ORAL COMMUNI- Lance Jencks, 443 Flower Street, Costa Mesa, 1993 Chairman of CATIONS the Costa Mesa Community Quilt, thanked Deborah Harris for her Community Quilt contribution to the quilt, and gave a brief history of American quilting. He introduced Laura Collier, 961 Joann Street, Costa Mesa, who showed quilt squares which had been assembled to date and appealed to residents for additional contributions which reflect = family life, recreation, and other facets of life in Costa Mesa. She stated that upon completion, the quilt will be on display throughout the area.. Contest for Cost Sid Soffer, 900 Arbor Street, Costa Mesa, suggested implementing Saving Ideas a contest for employees with a monetary incentive for cost saving 1 ideas. He mentioned prioritizing code enforcement instead of making cuts in Police or Fire services. Work Furlough Site Jon Tyrrell, 2845 Serang Place, Costa Mesa, stated his opposition to the proposed County of Orange work furlough site to be located on Maple Street between Wilson and Victoria Streets, and urged that a Conditional Use Permit be required before the County proceeds: He proposed investigating the ramifications of the project and that this information be made available to the public. The City Manager stated that this itemwill be on the Board of Supervisor's agenda for their meeting on Tuesday, February 23, 1993, at which time they will consider contracting to a private, nonprofit organization that would operate the facility, and the County's position is that the operator would be required to obtain a Conditional Use Permit from the City. He suggested that interested citizens express their concerns by writing to Supervisor Harriett Wieder. Christine Riley, 2833 Serang Place, Costa Mesa, expressed her opposition to this facility being located in Costa Mesa, especially in the center of a residential area. She asked if police would be monitoring the site, and Mayor Genis responded that primary responsibility for monitoring the facility would be with the County Probation Department and those under contract to the County. Ms. Riley stated she would like to be informed of future developments. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, also opposed the facility, and read a letter she directed to the Board of Supervisors expressing her concern and requesting they locate the site in another area. Tom Kelly, owner of property at 2153 Maple Street, Costa Mesa, a four-plex on the corner of Victoria and Maple Streets, explained that over the last two years, the Victoria Street Widening had caused a 50 percent vacancy in the four-plex, and voiced concern that if the work furlough site were located on Maple Street, the tenants now occupying his units will leave and property values will plunge. Rodolfo Chavez, 2157 Maple Street, Apt. A, Costa Mesa, representing his brother who owns the building complex, also opposed the proposed facility, and stated that vacancies were difficult to fill because the neighborhood has deteriorated. Phil Morello, 1715 Samar Drive, Costa Mesa, representing the Wallace Avenue Improvement Group, . in' addition to opposing the work furlough site, read a prepared statement which addressed the crime issues in Costa Mesa. Laguna Beach "Hate Ernie Feeney, 1154 Dorset Lane, Costa Mesa, co -coordinator of the Crime" Letter Citizens Anti -Crime Task Force, reported receiving numerous telephone calls in opposition to the proposed work furlough site. She referred to a letter from -the Human Relations Committee regarding the Laguna Beach "Hate Crime" which was presented to Council on January 18, 1993, stating that after investigation, it appears the letter was not actually brought before the Committee. The City Manager reported that information Ms. Feeney had previously requested on this subject would be forthcoming, and suggested a meeting between the Chair of the committee, staff liaison to the committee, and the Mayor to discuss the issue. Costa Mesa Village Jean Forbath, 2880 Club House Road, Costa Mesa, related that the Costa Mesa Village. was in the final.. stages of completion, and 106 requested that Council not overlook the option of opening the units to single parents with a child. She stated that this hotel was used as a family shelter for many years and could present a great improvement in living conditions at a lesser cost. Senior Center Anne Hogan-Shereshevsky, 2152 Elden Avenue, Apt. 1, Costa Mesa, reported that the great majority of senior citizens in Costa Mesa and surrounding cities who utilize the new Senior Center are pleased with the activities and programs offered. Gisler Avenue Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing Mesa Repair Verde Homeowners Association, requested information on the state of repair of the north side of Gisler Avenue, from the Santa Ana River to TeWinkle School, where the Ficus trees are overgrown, making it difficult for children traveling to school. The Public Services Director stated he would investigate this matter and contact Ms. Palme. "The other thing that came up, and I think it echos Work Furlough Site what's been going on here tonight, was the question of the furlough site, as to whether it's appropriate to locate it anywhere in the City of Costa Mesa. I have had three full tapes, since last Thursday night, over 31 phone calls opposing the location of any work furlough site in the City of Costa Mesa. We have a lot of programs in this City to help people who need a leg up. Personally speaking, my favorite is 'the Interfaith Shelter, we have the Heritage House, which is fairly new and is proving to be a very good neighbor, and we have S.O.S. A 50 -bed furlough site does not seem to be appropriate in a residential area. To summarize what has been said over the phone to me, and I don't know if it can be answered by Mr. Roeder or, if not, I would hope that you would include it in your communications with the County Board of Supervisors. There are a lot of questions as to what procedure the County used to determine that this was an acceptable site for them. Did they put out requests for proposal, or what method did they use to select Costa Mesa. The question is raised how many similar facilities currently exist in the City of Costa Mesa, how many similar facilities currently exist in neighboring cities. These are really important questions when you get an attitude and feeling in the City that Costa Mesa is being dumped on. The other main question regarding the appropriateness of the site, Maple Street is a family neighborhood, it is on the west side of Costa Mesa which has been demonstrated tonight people are concerned about the gang activity, crime and other issues that have tended to kind of degrade that area for a long time. People on the west side of Costa Mesa are working very, very hard to improve their neighborhood, and we have to question whether a 50 -client furlough work place belongs in a single ... in a residential area. Another big question was, how do you define "low risk". Most people do not state or feel that people coming out of prison or doing hard time as having been serving time for drunk driving, are low risk. And I don't think it takes a rocket scientist to realize in this type of judicial climate, in order to serve hard time, you've had numerous drunk driving offenses beforehand to earn you that hard time. With a liquor store approximately 1,000 feet away, we have to question the definition of low risk. I hope the Council will take and act on these questions, react to them, and give us the information we need to, you know, go forward with the Board of Supervisors, and encourage them to (a) look at another community; and (b) reduce the size of the facility. " Earthquake Prediction Anthony Starnes, a homeless man, predicted there would be an earthquake on the second Friday of August, 1993, during rush hour, which would be a major catastrophe. Mr. Starnes stated his 1 r 407 V7 occupation was that of a beggar, and has begged from Huntington Beach to Tustin to Mission Viejo; however, the Costa Mesa Police Department have prohibited his begging on the corner of Bristol Street and Town Center Drive: CONSENT On motion by Vice Mayor Humphrey, seconded by Council Member CALENDAR Buffa, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None READING FOLDER On motion by Vice Mayor 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: Beth Delgado; Pablo E. Reyes; and Tracy & Ryder Landscape, Incorporated. Alcoholic Alcoholic Beverage Licenses for which parking has been approved Beverage by the Planning staff. California Style BBQ, Incorporated, doing Licenses business at 1870-A Harbor Boulevard, Suite 204; and Kiem Huu and Tanya Nguyen Vu, doing business as Imperial Dragon Restaurant, 3033 South Bristol Street, Suite O. John Wayne Airport Letter from Edwin C. Hall, 1572 Indus Street, Santa Ana, Runway Extension representing: Concerned Home Owners of Sherwood Estates (CHOSE) expressing opposition to the study conducted by the County of Orange regarding a proposed runway extension at John Wayne Airport. SET FOR PUBLIC On motion by Vice Mayor Humphrey, seconded by Council Member HEARING Buffa, and carried 5-0, establishment of a permit application fee and AB 939 Fees user fees for the Source Reduction and Recycling Program (AB MOTION/Hearing Set 939), was set for public hearing on March 1, 1993, at 6:30 p.m., in for March 1, 1993 the:Council Chambers of City Hall...;.: . WARRANTS On motion by Vice Mayor Humphrey, seconded by Council Member MOTION/Warrant Buffa, Warrant Resolution 1539, funding City operating expenses in 1539 and Payroll the amount of $1,027,476.02; and Payroll 9302 for $1,140,453.77, 9302 Approved were approved by the following roll call vote: AYES: Genis, Humphrey, Hombuckle, Buffa, Erickson NOES: None ABSENT: None ADMINISTRATIVE Bids received for Painting of Fire Station No. 1 and Mesa Verde ACTIONS Library, Project No. 92-19, are on file in the City Clerk's office. On motion by Vice Mayor Humphrey, seconded by Council Member Painting of Fire Buffa, the contract was awarded to Evangelos Bitsakis dba E. Station No. 1 and Bitsakis Painting Company, 1096 Via Cordova, San Pedro, for Mesa Verde Library $14,480.00. The motion carried by the following roll call vote: Project No. 92-19 AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson MOTION/Awarded to NOES: None E. Bitsakis Painting ABSENT: None Woman of the Year On motion by Vice Mayor Humphrey, seconded by Council Member Buffa, Resolution 93-7, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, occupation was that of a beggar, and has begged from Huntington Beach to Tustin to Mission Viejo; however, the Costa Mesa Police Department have prohibited his begging on the corner of Bristol Street and Town Center Drive. CONSENT On motion by Vice Mayor Humphrey, seconded by Council Member CALENDAR Buffa, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None READING FOLDER On motion by Vice Mayor 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: Beth Delgado; Pablo E. Reyes; and Tracy & Ryder. Landscape, Incorporated. Alcoholic Alcoholic Beverage Licenses.for which parking has been approved Beverage by the Planning staff: California Style BBQ, Incorporated, doing Licenses business at 1870-A Harbor Boulevard, Suite 204; and Kiem Huu and Tanya Nguyen Vu, doing business as Imperial Dragon Restaurant, 3033 South Bristol Street, Suite O. John Wayne Airport Letter from Edwin C. Hall, 1572 Indus Street, Santa Ana, Runway Extension representing Concerned Home Owners of Sherwood Estates (CHOSE) expressing opposition to the study conducted by the County of Orange regarding a proposed runway extension at John Wayne Airport. SET FOR PUBLIC On motion by Vice Mayor Humphrey, seconded by Council Member HEARING Buffa, and carried 5-0, establishment of a permit application fee and AB 939 Fees user fees for the Source Reduction and Recycling Program (AB MOTION/HearingSet 939), was set for public hearing on March 1, 1993, at 6:30 p.m., in for March 1, 1993 the Council Chambers of City Hall. WARRANTS On motion by Vice Mayor Humphrey, seconded by Council Member MOTION/Warrant Buffa, Warrant Resolution 1539, funding City operating expenses in 1539 and Payroll the amount of $1,027,476.02; and Payroll 9302 for $1,140,453.77, 9302 Approved were approved by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None ADMINISTRATIVE Bids received for Painting of Fire Station No. 1 and Mesa Verde ACTIONS 'Library, Project No. 92-19, are on file in the City Clerk's office. On motion by Vice Mayor Humphrey, seconded by Council Member Painting of Fire Buffa, the contract was awarded to Evangelos Bitsakis dba E. Station No. 1 and Bitsakis Painting Company, 1096 Via Cordova, San Pedro, for Mesa Verde Library $14,480.00. The motion carried by the following roll call vote: Project No. 92-19 AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson MOTION/Awarded to NOES: None E. Bitsakis Painting ABSENT: None Woman of the Year On motion by Vice Mayor Humphrey, seconded by Council Member Buffa, Resolution 93-7, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, E MOTION COMMENDING IRENE HAJEK ON BEING CHOSEN WOMAN Resolution 93-7 OF THE YEAR IN RECOGNITION OF OUTSTANDING Adopted COMMUNITY SERVICE, was adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Man of the Year On motion by Vice Mayor Humphrey, seconded by Council Member Buffa, Resolution 93-8, A RESOLUTION OF THE CITY MOTION COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 93-8 COMMENDING JACK HAMMETT ON BEING CHOSEN MAN Adopted OF THE YEAR IN RECOGNITION OF OUTSTANDING COMMUNITY SERVICE, was adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced that this was the time and place set for Appeal of Encroach- the public hearing to consider an appeal of the Transportation ment Permit for Commission's denial of an Encroachment Permit to allow for Therapy Pool and construction of a therapy pool and new wall at 3265 Idaho Lane, New Wall from Josephine Black -Jacob, same address. The Public Services Director reviewed the Agenda Report dated February 5, 1993, noting that the request includes increased decking for the proposed therapy pool, and illustrated the request with an overhead visual diagram. He presented a second overhead depicting the profiles of the subject area, including the existing 8 -foot high block wall, and a snapshot of the area. Josephine Black -Jacob, the applicant, reported that the existing spa in her home, installed in 1976, is now inoperable because of broken pipes, and deck space for the proposed therapy pool would require placing the new wall three feet into the..existing 4.8 -foot parkway. She read her responses to the Transportation Commission's reasons for denial at their January 20, 1993, meeting, as listed in the Application for Appeal or Rehearing dated January 25, 1993. Council Member Erickson inquired if' Ms. Black -Jacob had considered the Transportation Commission's suggestion to reverse the side where the spa is located and taper the pool so decking would still be feasible without requiring use of the public right-of- way, and she responded that this option is a consideration. MOTION On motion by Council Member Erickson, seconded by Vice Mayor Encroachment Permit Humphrey, and carried 5-0, the Transportation Commission's denial Denied of the Encroachment Permit was upheld. Ms. Black_ -Jacob :stated, there is a hazardous broken sidewalk on City property which was caused by overgrown tree roots, located on Idaho Street near her property. Mayor Genis replied that the Public Services Director would investigate this situation. OLD BUSINESS The City Clerk presented for second reading and adoption Ordinance R-92-08, 1607 and 93-6, Rezone Petition R-92-08, rezoning properties at 1607 and 1.609 1609 Orange Avenue, Orange Avenue, located in Site O, General Plan Planning Area No. Planning Area No. 3 3; to zoning consistent with the 1990 General Plan. .11.0 MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Ordinance 93-6 Erickson, Ordinance ,93-6, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF SITE O, LOCATED IN GENERAL PLAN PLANNING AREA NUMBER THREE TO ZONING CONSISTENT WITH THE 1990 GENERAL PLAN, BY ADOPTION OF REZONE PETITION R-92-08, was given second reading and adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented for second reading and adoption Ordinance Solid Waste Program 93-7, amending Costa Mesa Municipal Code Section 8-77, pertaining to permits for solid waste haulers. The City Attorney reported that this ordinance reflected corrections to the solid waste ordinance with reference to certified weighing facilities and a change concerning financial reporting. MOTION On motion by Council Member Hornbuckle, seconded by Council Ordinance 93-7 Member Erickson, Ordinance 93-7, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- -FORNIA, AMENDING SUBSECTION (b) AND PARAGRAPH (6) OF SUBSECTION (e) OF SECTION 8-77 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO PERMITS FOR SOLID WASTE HAULERS, was given second reading and adopted by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None OLD BUSINESS The City Clerk presented, from the meeting of February 1, 1993, a "Run for the Green" request from Costa Mesa High School for partial street closures for the "Run for the Green" on May 1, 1993. The City Manager explained that this item was continued in order to clarify certain specifics, and briefly summarized the Agenda Report dated February 11, 1993. MOTION/Street ;On motion by Council Member Buffa, seconded by Council Member Closures Approved ;Erickson, and carried'5-0, the street closures were approved. NEW BUSINESS The City Clerk presented the 1992-93 Mid -Year Budget Review: 1992-93 Mid -Year Budget Review Budget Adjustment No. 93-21 for $210,000.00 to reinstate the Helicopter Patrol Day Watch in the Police Department. Expenditure for carpeting of Civic Center offices (floors 2 through 5). Funds from the 1990-91 Fiscal Year in the amount of $135,000.00 are currently encumbered and on hold. Provide Grad Night funding for three high schools for the 1992- 93 Fiscal Year in the following amounts from Advertising and Promotional Grants account: Costa Mesa High School $3,500.00; Estancia High School $3,500.00; Newport Harbor High School $1,750.00; Total Funding 1992-93 Grad Night $8,750.00. Eliminate $5,000.00 funding for the City's Fish Fry Float from 1992-93 Adopted Advertising and Promotional Grants Budget. Eliminate $87,500.00 funding for Cultural Arts Grants from 1992-93 Adopted Budget. Review 1992-93 Mid -Year Revenue and Expenditure Projections anticipated to result in a $185,585.00 net revenue shortfall for the 1992-93 Fiscal Year. Eliminate nonessential departmental spending. Continue the current hiring freeze through June 30, 1993. A communication was received from the Costa Mesa City Employees' Association, Post Office Box 11768, Costa Mesa, opposing funding for Grad Night. The City Manager summarized the Agenda Report dated February 8, 1993, reviewing in detail the items being considered. He indicated that an offset against capital improvement projects may be used for emergency ,situations such as the storm drain damage on Superior Avenue. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, addressed the proposed Grad Night funding, stating she had contacted Carolyn Todd, a committee member for the Corona del Mar High School Grad Night for over three years, and Ms. Todd disclosed that the City of Newport Beach does not contribute to their Grad Nights. She suggested that funds could be raised by students since Costa Mesa has ordinances that permit bingo games and the sale of strawberries and fireworks, which are good fund raising projects. She then addressed the car allowances for City employees including the City Clerk's office, two persons in the City Manager's office, Finance Department, Personnel Department, Development Services Department, and Community Services Department, stating that the allowance amount is $3,600.00 per year, for a total of $25,200.00. Ms. Feeney questioned three items in the Line Item Budget: Page 80, General Administration Costs, Dues, Memberships, and Subscriptions, $31,500.00; Page 97, Police Department, Dues, Memberships, and Subscriptions, $13,990.00; and Page 125, Fire Department, Dues, Memberships, and_. Subscriptions, $27,740.00, for a total of $73,230.00. She requested a description of the dues and memberships involved. Nancy Palme, 1997 Kornat Drive, Costa Mesa, asked for an explanation of the Helicopter Patrol Day Watch request, and the City Manager responded that the Police Department, for cost savings purposes, had proposed cutting back helicopter service during the late morning, early afternoon period; however, Council had indicated that they preferred to keep the service, which has remained in place, and the Budget Adjustment will enable full funding. Ms. Palrne asked for the number of students from each school participating in the Grad Night event, and the City Manager stated that the City's participation has been in providing a grant as opposed to actual administration or. documentation. June McCartin, 2861 Europa Drive, Costa Mesa, co-chairman of the Estancia High School Grad Night Committee, asked that the City's Grad Night funding be approved, and enumerated the benefits derived from this event. She stated that approximately 70 percent of the graduating students attend the event, the budget runs around $15,000.00, and the projected income for this year is approximately $19,000.00. °1-12 Cathy Pieper, 3065 Country Club Drive, Costa Mesa, member of the Costa Mesa Child Care Committee, spoke in support of Grad Night funding, and read a letter from the Commissioner of the California Highway Patrol praising the results of working for a "safe and sane" graduation night. Also speaking in support of Grad Night funding were Costa Mesa residents Norma Yockel, 2340 Notre Dame Road; Margaret Mooney, 1730 Samar Drive; and Chuck Pieper, 3065 Country Club Drive. MOTION On motion by Council Member Buffa, seconded by Vice Mayor Budget Adjustment Humphrey, Budget Adjustment No. 93-21, for $210,000.00, to No. 93-21 Approved reinstate the Helicopter Patrol Day Watch was approved by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None MOTION A motion was made by Council Member Buffa, seconded by Council Carpeting Approved Member Erickson, directing staff to continue to encumber the $135,000.00 and begin the bid process to replace carpeting of the Civic Center offices. The motion carried by the following roll call vote: AYES: Genis, Humphrey, Hornbuckle, Buffa, Erickson NOES: None ABSENT: None Motion to Approve A motion was made by Vice Mayor Humphrey, seconded by Grad Night Funding Council Member Buffa, to approve Grad Night funding as follows: Costa Mesa High School $3,500.00; Estancia High School $3,500.00; and Newport Harbor High School $1,750.00; for a total funding of $8,750.00. Amended Motion Vice Mayor Humphrey amended his motion to approve the funding Failed to Carry as follows: Costa Mesa High School $3,000.00; Estancia High School $3,000.00; and Newport Harbor High School $1,000.00; for a total funding of $7,000.00. Council Member Buffa seconded the amended motion. The amended motion failed to carry 3-2, Council Members Genis, Hornbuckle, and Erickson voting no. Council Member Erickson supported the concept of Grad Night funding but questioned the practicality with the current budget constraints. Mayor Genis stated she could not support the motion noting that Grad Nights had previously been self-supporting and the statistics presented were isolated facts and were not conclusive. Substitute Motion A substitute motion was made by Council Member Hornbuckle, Failed to Carry seconded by Mayor Genis, to grant the following Grad Night funding: Costa Mesa High School $2,000.00; and Estancia High School $2,000.00. The substitute motion failed to carry 3-2, Council Members Genis, Humphrey, and Buffa voting no. Council Member Hornbuckle stated she suggested this funding because Costa Mesa and Estancia High Schools had been anticipating some money from the City this year, but cuts are required to keep the City budget balanced. MOTION On motion by Vice Mayor Humphrey, seconded by Council Member Funding Approved Buffa, Grad Night funding was approved for the following amounts: Costa Mesa High School $2,000.00; Estancia High School $2,000.00; and Newport Harbor High School $500.00; for a total funding of $4,500.00. The motion carried by the following roll call vote: AYES: Humphrey, Hornbuckle, Buffa, Erickson NOES: Genis ABSENT: None MOTION On motion by Council Member Buffa, seconded by Council Member Fish Fry Funds Erickson, and carried 5-0, the $5,000.00 funding for the City's Fish Eliminated Fry Float was eliminated. MOTION On motion by Council Member Buffa, seconded by Council Member Cultural Arts Grants Erickson, and carried 5-0, the $87,500.00 funding for Cultural Arts Eliminated Grants was eliminated. MOTION/Mid-Year On motion by Council Member Hornbuckle, seconded by Vice Budget Review Mayor Humphrey, and carried 5-0, the 1992-93 Mid -Year Budget Received and Filed Review was received and filed. RECESS The Mayor declared a recess at 8:50 p.m., and the meeting reconvened at 9:05 p.m. NEW BUSINESS The City Clerk presented an agreement with The Gardner Agreement with The Communications Group, 3333 Brea Canyon Road, Suite 226, Gardner Communica- Diamond Bar, for $4,200.00; to assist with Phase I of the tions Group Community Clean -Up Event for Community Development Block Grant (CDBG) Rental Rehabilitation Target Area I. The City Community Clean -Up Manager summarized the Agenda Report dated February 9, 1993, Event explaining that normally an agreement of this amount would not be brought to Council, but he felt the concept of consolidated service delivery involving various departments asking The Gardner Communications Group to coordinate the activities should be reviewed by Council. Council Member Buffa clarified that these funds are part of the Community Development Block Grant monies received from the Federal government for use in programs such as this. MOTION On motion by Council Member Buffa, seconded by Council Member Agreement Approved Hornbuckle, 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: Genis, Humphrey, Hornbuckle, Buffa NOES: Erickson ABSENT: None Council Member Erickson stated he did not support the motion because he preferred developing expertise within the City in lieu of another consulting contract. NEW BUSINESS The City Clerk presented a resolution of the Cable Television Copley/Colony Committee condemning the rate increase by Copley/Colony Cablevision of Costa Mesa. A communication was received from Rate Increase Stephen McMahon, General Manager, Copley/Colony Cablevision of Costa Mesa, Incorporated, 200 Paularino Avenue, Costa Mesa, expressing concern regarding the proposed resolution. The City Manager explained that this item was, referred from the Committee per the City's procedure of seeking Council approval for policy level direction and action. Wendy Leece, 1107 Valley Circle, Costa Mesa, Chairperson, Cable Television Committee, reported that when the cable rate was increased last year, a letter was forwarded to Copley/Colony, through Council, stating that the increase was unjustified in light of the current economic situation, and the new proposed increase requires justification. Stephen McMahon stated that the Copley/Colony position is contained in the letter addressed to Mayor Genis dated February 16, 1993. He gave a brief overview of Copley/Colony's history in Costa Mesa, starting with their selection in 1984 as the nonexclusive cable operator in . the City, and summarized notable accomplishments. He reviewed costs charged to Copley/Colony which are in part responsible for the proposed increase, and made note of several large capital expenses. He suggested holding the public hearing after- the administrative guidelines of the new Federal regulation affecting cable rates is available, which will be approxi- mately, the first part of April. Nancy Palme, 1997 Kornat Drive, Costa Mesa, encouraged adoption of the resolution in its current form, and endorsed holding a public hearing which could address the negative feelings in the community concerning the cable service. Carl Bureman, 447 Princeton Drive, Costa Mesa, member of the Cable Television Committee, agreed with Ms. Leece's comments, and suggested that the Council Chambers of City Hall be the location for the public hearings. He commented on the continual increase in rates. Barron Blackman, 175-B Rochester Street, Costa Mesa, .secretary, Cable Television Committee, thanked Council Member Erickson, Council liaison to the committee, for his assistance, urged adoption of the resolution as written, and recommended conducting more than one public hearing. Tony Mollicone, 1608 White Oak Street, Costa Mesa, member of the Cable Television Committee, stated that he felt that Copley/Colony has not lived up to the spirit of the agreement as originally negotiated in 1984, and this is a problem that is bothering many Costa Mesa subscribers. . Kevin Shannon, 2541 Greenbriar Lade, Costa Mesa, stated he enjoyed the cable service but felt that the rat --s were increasing at too fast, a rate, making note of the fact that the groups most likely affected by the increase were senior citizens and college students paying their own expenses. Armando Vasquez, 1874 Wren Circle, Costa Mesa, supported the resolution -and its adoption, and felt that the rate increases were unjustified. MOTION A motion was made by Council Member Hornbuckle, seconded by Resolution Tabled; Council Member Buffa, and carried 5-0, to table the resolution, and Public Hearings to the City Manager was directed to set a minimum of two public be Set hearings, to be conducted by the Cable Television Committee to review the cable issues. CITY ATTORNEY REPORTS Request for Closed Session: Green v. Amburgey, et al; Rose/Christie v. City COUNCIL COMMENTS Explorer Scout Open House Restaurant and Bar Directory Council Member Erickson suggested conducting the first hearing on the March 2, 1993, in order to allow the citizens who are unhappy with the rate increase to investigate other options. The City Attorney requested a closed session pursuant to Government Code Section 54956.9(a) to discuss the following: cross-complaint filed by Orville Amburgey in the case of Tim Green v. Orville Amburgey, et al., 'Orange County Superior Court Case No. 63-93-04; and Rose/Christie v. City of Costa Mesa, et al., United States District Court Case No. CV 91-2584 WHR (Tx). Mayor Genis announced that closed session would be held at the close of regular business. Council Member Erickson stated he had attended a meeting of the Explorer Scouts held at the Police Department facility, and reported an open house will be held on Tuesday evening, February 23, 1993, at 7:00 p.m. w2 Mayor Genis commended Planning staff on the completion of the directory on restaurants and bars. ADJOURNMENT TO At 9:50 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor conference room to discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 10:25 p.m., and announced RECONVENED the action taken during closed session. MOTION/Settlement Negotiation Authori- By a vote of 5-0, regarding the Amburgey v. City cross-complaint zed in Cross- in Tim Green v. Orville Amburgey, et al., Orange County Superior Complaint Re Tim Court Case No. 63-93-04, the City Attorney was authorized to Green Lawsuit, negotiate settlement of attorney fees claim as recommended in the OCSC No. 63-93-04 City Attorney's Confidential memorandum dated February 11, 1993, with funds to be taken from the Golf Course Fund. MOTION/Settlement Authorized in Rose/ By a vote of 5-0, settlement was authorized per the City Attorney's Christie v. City, Confidential memorandum dated February 10, 1993, regarding USDC No. CV 91- Rose/Christie v. City of Costa Mesa, et al., United States District 2584 WHR (Tx) Court Case No. CV 91-2584 WHR (Tx). ADJOURNMENT The Mayor declared the meeting adjourned at 10:30 p.m. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of -Costa M :g 115