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HomeMy WebLinkAbout08/17/1998 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 17, 1998 The City Council of the City of Costa Mesa, California, met in regular session August 17, 1998, 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 led by Council Member Cowan, and invocation by the Reverend Joseph R. Robillard, St. Joachim Catholic Church. ROLL CALL Council Members Present: Council Members Absent: Officials Present: Mayor Peter Buffa Mayor Pro Tem Gary Monahan Council Member Joe Erickson Council Member Libby Cowan Council Member Heather Somers None City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Community Services Director Keith Van Holt Acting Finance Director Marc Davis Acting Communications Director Jerry Verwolf Budget & Research Officer Carol Jacobs Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Somers, seconded by "Council August 3 and Member Cowan, and carried 4-0, Council Member Erickson August 5, 1998 abstaining, the minutes of the regular meeting of August 3, 1998, and adjourned regular meeting of August 5, 1998, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Cowan, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION "Celebration of Mayor Buffa read a proclamation declaring the month of Youth 'Month" October, 1998, as "Celebration of Youth Month". PRESENTATION Mayor Buffa presented the Mayor's award to the following Little League Costa Mesa National Little League Major Division "All Stars" "All Stars" Award in recognition of their hard work and dedication: Mike Cahill; Ryan Gleason; Chris Greeley; Kris Hartwell; Greg Hughes; Adam Jorgenson; B. J. Larsen; Alex Pisarski; Eric Scheafer; Matt Schirmer; Brett Via; and Scott Sankey; Bobby Estarda; and Cullen Crom who were not in attendance. He also recognized coaching staff members Dave Pisarski and Eric Schirmer. 1 1 27 ORAL COMMUNI- Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported on CATIONS/Newport a public forum conducted by the County of Orange, held at Banning Ranch Newport Beach City Hall, on Wednesday, August 5, 1998, Local Coastal where the Newport Banning Ranch Local Coastal Program Program Public was discussed. He expressed his concerns for the impact Forum that this project will have on the intersections of 17th Street/Superior Avenue, 17th Street/Newport Boulevard, 19th Street/Newport Boulevard, and 19th Street/Harbor Boulevard, which were not addressed in the Environmental Impact Report (EIR). Extending 19" Robert Graham, 3260 Dakota Avenue, Costa Mesa, stated Street to Hunting- that on August 5, 1998, Council approved a study for ton State Beach $189,158.00, to improve the City's westside, but have denied a study to be conducted to determine the pros and cons of extending ,19th Street to Huntington State Beach. He believed that having direct access to the beach would be a tremendous advantage in attracting new home buyers to Costa Mesa. Costa Mesa Job Tamar Goldmann, 2324 College Drive, Costa Mesa, urged Center Council to retain the Costa Mesa Job Center, 1697 Placentia Avenue, and not consider privatizing it because the City would no longer be in control of the day-to-day operations. She believed that the program serves the day laborers, contractors, residents, and helps to minimize loitering in the City. ANNOUNCEMENT Mayor Buffa recognized the following persons who were in attendance: Dave Brooks, Newport -Mesa Unified School District Board Member; former Mayor Arlene Schafer; and former Vice Mayor Jay Humphrey. CONSENT On motion by Council Member Erickson, seconded by Council CALENDAR Member Somers, and carried 5-0, all Consent Calendar items MOTION/Approved were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Nellie Graves; Gerald and Terry Ireland; Jae Lim; Herbert and Ann Rosner; and Roger and Loretta Scott. Alcoholic Beverage Alcoholic Beverage Control (ABC) License Requests: Control (ABC) Licenses Hilgren Liquor, 250 East 17th Street, for a person-to- person transfer of a Type 21 ABC license (off -sale general). Residence Inn by Marriott, 881 Baker Street, for a person- to-person transfer of a Type 41 ABC license (on -sale beer and wine). Marriott Suites, 500 Anton Boulevard, for a person-to- person transfer of a Type 47 (on -sale general for a bona - fide eating place). G� WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1705 funding City operating expenses 1705 for $1,051,891.11. Approved Warrant Warrant Resolution 1706, funding City operating expenses 1706/Payroll 816 for $673,740.21; and Payroll 816 for $1,488,340.09. REJECTED CLAIMS The following claims were rejected: Coulon Jill Coulon (alleged mistreatment by Costa Mesa Police Department). 1 Culbertson John Culbertson (alleged loss of personal property due to Police Department negligence). ADMINISTRATIVE ACTIONS/Accepted Street improvements at 2252 Fairview Road, Costa Mesa, in Work at 2252 connection with i Encroachment Permit No. 14757, were Fairview Road by completed to the satisfaction of the Public Services Hitch Crafters, Department by Hitch Crafters, Inc. The work was accepted; EP -14757 and the bonds we're ordered exonerated. Accepted Work at Street improvements at various locations within the South Various Locations Coast Plaza area,; in connection with Encroachment Permit by I. C. G. Telecom No. 13837, were completed to the satisfaction of the Public Group, EP -13837 Services Department by I. C. G. Telecom Group, Inc., 161 Inverness Drive West, Englewood, Colorado. The work was accepted; and the bonds were ordered exonerated. Awarded Proposal Item No. 1020, Proposals received for Proposal Item No. 1020, Purchase and Police Vehicle Installation of 47 Police Patrol Vehicle Video Monitoring 'Video Monitoring Systems, are on file in the City Clerk's office. The contract Systems, to Eagle- was awarded to Eagleye Technologies, Inc., 3373 eye Technologies Alabama Highway SW, Rome, Georgia, for $199,714.00. Adopted Resolution Resolution 98-74, was adopted: A RESOLUTION OF THE 98-74, Authorizing CITY COUNCIL OF THE CITY OF COSTA MESA, Police Chief to Ex- CALIFORNIA, TO AUTHORIZE OR RATIFY ACTION BY THE tend Helicopter COSTA MESA POLICE CHIEF TO EXTEND THE AGREEMENT Maintenance FOR HELICOPTER MAINTENANCE FOR THE ORANGE Agreement; Ap- COUNTY SHERIFF CORONER DEPARTMENT; and the third proved Amendment amendment to Agreement No. N1000000631, was approved. PUBLIC HEARING The Deputy City` Clerk announced the public hearing, Cable Television continued from the meeting of August 5, 1998, to identify Franchise Agree- future cable -related community needs and interests, and ment review the cable operator's past performance under the cable television franchise agreement. The City Attorney summarized his Report No. 98-44 dated July 7, 1998, and opened the hearing for public comment on community needs. The Acting Communications Director stated that the City would benefit from an institutional -type network which would connect all City facilities via fiber optics, and would ensure the highest level of local government service to the community. He reported that MediaOne has installed a video display system that interfaces with the County of Orange disaster. program, and it would be advantageous for Costa Mesa Officials to have this type of video system. r Dave Brooks, 2832 Boa Vista Drive, Costa Mesa, representing the Newport -Mesa Unified School District, stated that the district is very appreciative of the service provided by MediaOne; however, the School Board is concerned about the future needs of the students. He reported that many of the class rooms are cable -ready, but equipment is needed to utilize the system. Mr. Brooks asked that the City consider becoming a partner with the School District to ensure that the very best equipment is available for the students. Sharon Blakely, 1800 Whittier Avenue, Costa Mesa, Principal of Whittier Elementary School, stated that computer technology can provide a positive effect on a child's education; and envisions a school that can provide technical computer training and usage not only for the students, but for the community as well.. Karl Kimme, 1025 Victoria Street, Costa Mesa, fourth and fifth grade teacher at Victoria Elementary. School, reported that six years ago, Victoria Elementary was one of the first schools in the district to have the network installed; however, updated equipment is needed. Andy Hernandez, 2650 Fairview Road, Costa Mesa, Principal of Costa Mesa High School, stated that support from MediaOne provides the students the opportunity to gain hands-on experience with the equipment. He would like to continue to have a long-term relationship with MediaOne so that students can develop lifelong skills. Robert Barbot, 2985 Bear Street, Costa Mesa, Superintendent of Newport -Mesa Unified School District, commended MediaOne for providing technology throughout the district. He asked that the district be included when the cable contract is discussed so that their technology will be equal or superior to any other district in the State of California. MOTION On motion by Council Member Somers, seconded by Council Continued to : Member Cowan, and carried 5-0, the public hearing was September 8, 1998 continued to the meeting of September 8, 1998. PUBLIC HEARING - The Deputy City Clerk announced the public hearing, Hazardous continued from the meeting of August 5, 1998, to consider a Materials Dis- resolution establishing fees for services provided by the City closure Fees of Costa Mesa, specifically hazardous materials disclosure fees. The Budget and Research Officer reviewed the Agenda Report dated July 16, 1998. There being no speakers, the Mayor closed the public hearing. Council Member Erickson thanked.staff for their efforts in reducing the fees. MOTION/Adopted A motion was made by Council Member Erickson, seconded Resolution 98-75 by Council Member Cowan, and carried 5-0, adopting Resolution 98-75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING AND ADOPTING SCHEDULES OF RATES, FEES, AND CHARGES, FOR SERVICES BY THE CITY OF COSTA MESA. 29 30 PUBLIC HEARING The Deputy City Clerk announced that this was the time and Fee for the Source place set for the public hearing to consider a resolution Reduction and establishing a fee; to implement the City's Source Reduction Recycling Element and Recycling Element (SRRE), to reauthorize the current fee of $1.00 per ton. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Services Director reviewed the Agenda Report dated August' 10, 1998. There being no speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 98-76 Council Member Erickson, and carried 5-0, to adopt Resolution 98-76,' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A FEE PERTAINING TO THE IMPLEMENTATION OF THE CITY OF COSTA MESA SOURCE REDUCTION AND RECYCLING ELEMENT. OLD BUSINESS The Deputy City Clerk presented the Santa Ana River Santa Ana River Crossings (SARX) Study: Crossings (SARX) Study Cooperative Agreement No. C-7-0558 between the City and the Orange County Transportation Authority. Cooperative Agreements with the cities of Newport Beach, Huntington Beach, and Fountain Valley, for the SARX Study. Agreement with Kimley-Horn and Associates, Inc., 2100 West Orangewood Avenue, Suite 140, Orange, for an amount not to,exceed $200,000.00, to prepare necessary studies for a program level Environmental Impact Report for SARX, contingent upon approval of the cooperative agreements by the other participating agencies. The Public Services Director reviewed the Agenda Report dated August 7, 1998. Robert Graham, 3260 Dakota Avenue, Costa Mesa, disagreed with the decision ; that City Council made five years ago to attempt to have the 19th Street bridge deleted from the Orange County Master Plan of Arterial Highways without conducting a study to determine the pros and cons. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, believed that once the SARX Study has been completed, it can then be determined if the 19th Street/Gisler Avenue bridges will be needed. He felt that it was unfair that the cities of Newport Beach, Huntington Beach, and Fountain Valley were not contributing their fair share towards the SARX Study. Jay Humphrey, 1'620 Sandalwood Street, Costa Mesa, felt that it is important for this study to be completed in order to determine if the, bridges are needed for Costa Mesa's proper, future growth. 1 1 1 Herman Basmaeijan, Vice President of Kimley-Horn and Associates, Inc., 2100 West Orangewood Avenue, Suite 140, Orange, reported that when they _ conduct the study it will include an extensive community participation program, and assured Council that they will do a good job for the City. MOTION On motion by Council Member Somers, and taken: Rescinded Coop- erative Agreement C-7-0558; Approved New Agreement Approved Coop- erative Agree- ments with three Cities Approved Agree- ment with Kimley- Horn Member Cowan, seconded by Council carried 5-0, the following action was Cooperative Agreement No. C-7-0558 was rescinded; the new agreement was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Cooperative A,grgements with the cities of Newport Beach, Huntington Beach, and Fountain Valley, were approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Agreement with Kimley-Horn and Associates, Inc., was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. OLD BUSINESS The Deputy City Clerk presented the conceptual design and New Downtown location for the new Downtown Center Recreation Facility, Center Recreation including replacement of the swimming pool; and a direction Facility Design to the contractor, Martinez Amador Architects, Inc., 8405 Pershing Drive, Suite 201, Playa del Rey, to prepare plans and specifications. The Community Services Director reviewed the Agenda Report dated August 7, 1998. Bill Amador, architect for the project, reported that the floor plan has been revised to add a permanent gymnastics room as opposed to having that activity take place in the gymnasium. He stated that the master plan for the site was established after addressing input from Childs -Pace, Save Our Youth, Action Committee of Teens (ACT), Costa Mesa Historical Society, and the library. He mentioned that after further investigation of the site, a utility easement was found that runs through the existing site; therefore, in order to avoid extensive utility relocation, it is important to bypass this area. He also noted that since Anaheim Avenue has had some history of flooding, the building had to have the appropriate floor elevation to avoid any potential flooding hazards. In conclusion, Mr. Amador stated that the swimming pool has been placed in an area which provides a visual connection between the park and the existing plaza. Council Member Somers disagreed with the design elements of the proposal because the center will not have a more consolidated and unified appearance.- She added that the floor plan does not illustrate a visual point of access from Park Avenue to the entrance of the gymnasium; and she objected to the location of the swimming pool. She asked if it would be possible to redesign ' the project to unify the facility into one cohesive unit. Mr. Amador replied that he could examine other alternatives; however, to tie the current buildings in with the gymnasium and swimming pool facility to create one image would be a scope far beyond that which 31 is currently proposed. Regarding the proposed location of the swimming pool, Mr. Amador stated that the pool will activate the entire area and become a very pleasing visual feature. Council Member Cowan was in favor of the layout of the facility because she thought the plan worked very well on the site. She suggested addressing the size and scope of the library expansion and the space available for the Costa Mesa Historical Society., Council Member Erickson liked the design of the facility, agreed with having buffers to reduce noise from the swimming pool area, and thought the parking would be adequate. John LeVere, 2184 Miner Street, No. C, Costa Mesa, stated that other organizations could utilize the Childs -Pace and kitchen areas whenever these facilities are not being used. Sharon Clarke, 1860 Anaheim Avenue, Costa Mesa, President of the Board of Directors for Childs -Pace Foundation, asked if Housing and Urban Development (HUD) funds were being used to construct this building. The City Manager responded in the affirmative.' She suggested moving the doorway to the kitchen so it would be more accessible for other users. Barbara Beck -Jencks, 443 Flower Street, Costa Mesa, felt that the swimming pool should be the same size or larger than the existing pool, the same depth, but constructed with steps, rather than ;ladders. MOTION A motion was made by Council Member Cowan, seconded by Conceptual Design Mayor Pro Tem Monahan, and carried 4-1, Council Member Approved Somers voting no, approving the conceptual design and location for the new Downtown Center, including replacement of the swimming pool; directing the contractor to prepare the plans and specifications; authorizing continuation of the agreement with the Childs -Pace program; and directing that the design be examined further in terms of the Childs -Pace facility and the most recent design for gymnastics space. Council Member Somers opposed the motion because she felt that the entire center should be more consolidated and, therefore, the conceptual design should be reexamined. RECESS The Mayor declared a recess at 8:20 p.m., and reconvened the meeting at 8:30 p.m. OLD BUSINESS The Deputy City Clerk presented a request to enter into Joint Use Athletic negotiations with the Newport -Mesa Unified School District to Facilities at establish the necessary site specific agreements for Estancia and Costa cooperative development and financing of joint use athletic Mesa High Schools facilities at Estancia and Costa Mesa High Schools. The Community Services Director reviewed the Agenda Report dated July 28, 1998. William Scott, Sr., 1901 Lanai Drive, Costa Mesa, thanked Council for approving construction of the soccer fields for the Costa Mesa Farm Sports Complex. 1 i 1 33 William Scott, Jr., 1300 Adams Avenue, No. 126, Costa Mesa, reported that the architect will be presenting modified estimates of each and all components for the multi -use facilities by late September, 1998; and that the Costa Mesa Community Foundation and Newport -Mesa Unified School District will be the sources for fund-raising. .Leo Johnson, PJHM, 647 Camino de Los Mares, Suite 201, San Clemente, architect for the project, stated that he has worked on other projects for Newport -Mesa Unified School District, and was available to answer any questions. Robert Graham, 3260 Dakota Avenue, Costa Mesa, thought that this type of project will encourage young families to reside in Costa Mesa. MOTION/Staff On motion by Council Member Cowan, seconded by Council Directed to Enter Member Erickson, and carried 5-0, staff was directed to enter into Negotiations into negotiations with the Newport -Mesa Unified School with School Dis- District to establish the necessary site specific agreements for trict joint use athletic facilities at Estancia and Costa Mesa High schools. The Mayor thanked William Scott, Sr., and William Scott, Jr., for all their efforts in making this project a reality. Council Member Erickson hoped that in the near future, a joint meeting would be scheduled with the Newport -Mesa Unified School District to discuss issues such as this one. OLD BUSINESS The Deputy City Clerk presented an agreement with New Energy Services/ West Energy, Post Office Box 61868, Phoenix, Arizona, to Electric Power provide energy services at a discount of 2.25 percent from Supply the cost of the baseline rate. The Public Services Director reviewed the Agenda Report dated August 3, 1998. The City Manager announced that he would be abstaining from any discussion regarding this item and left the Chambers at 8:40 p.m. The Public Services Director recommended that if Council decides to enter into a contract with an energy service provider, that it be for a short term, such as two years. In response to questions from Council Member Somers, the Public Services Director reported that the savings to the City for the first year would be modest, approximately $18,000.00; and as to the issue of hydroelectricity, which is less costly, one hydroelectric supplier sent a letter of interest but did not submit a proposal. Kim Barone, Regional Affairs Manager, Southern California Edison Company, 1325 South Grand Avenue, Santa Ana, appreciated the City staff's conducting the Request for Proposal process in a fair manner. She stated that no matter what decision Council makes for an energy provider, Southern California Edison will continue to offer the City top quality, reliable transmission and distribution services. 34 Mayor Buffa believed that the there would not be a tremendous savings to the City as the deregulation scenario is structured; and thanked staff for analyzing a very complex issue. MOTION/Remained A motion was made by Mayor Buffa, seconded by Council with Southern Member Cowan, and carried 5-0, to remain with Southern California Edison California Edison as the electric power supplier for the City. Mayor Buffa commended Southern California Edison for being available to staff as well as Council as a source of information during this long process and also for being a good partner with the City over the years. NEW BUSINESS The Deputy City Clerk presented a resolution setting the 1998-99 Tax Rate 1998-99 tax rate for the 1974 Open Space Bond Issue. The for 1974 Open Acting Finance Director summarized the Agenda Report dated Space Bond Issue August 10, 1998. MOTION/Adopted On motion by Council Member Erickson, seconded by Council Resolution 98-77 Member Somers, 'and carried 5-0, Resolution 98-77 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL PROPERTY WITHIN THE CITY OF COSTA MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1998-99. NEW BUSINESS The Deputy City Clerk presented an ordinance adding Section Prohibiting Self- 11-17 to Chapter 1 of Title 11 of the Costa Mesa Municipal Service Tobacco Code prohibiting self-service tobacco products. Letters from Products 27 teenagers were received supporting the ordinance. The Community Services Director reviewed the Agenda Report dated August 12, 1998. Mayor Pro Tem Monahan asked what the cost would be for the City to notify businesses of the proposed ordinance. The City Manager replied that it would cost approximately $600.00 to notify, an estimated 2,300 businesses Citywide who display and sell tobacco products. Responding to a question from Mayor Pro Tem Monahan, the City Attorney stated that the ordinance could not be rewritten for a particular area of regulation, but must be made across- the-board for specific types of businesses. Council Member Cowan believed that the issue deals with easy access of tobacco products to minors, not the issue of tobacco products being stolen. Responding to Council Member Somers, the City Attorney stated that a restriction could be placed in specific stores by posting a sign that states "no one allowed under the age of 18"; however, possession of tobacco products by minors is already illegal. He noted that the ordinance focuses on unlawful access to; tobacco products for minors. 1 11 35 Aivan Nguyen, 879 Congress Street, Costa Mesa, member of the Camp Fire Boys and Girls of Orange County's "Speak Out", an anti-smoking advocacy group, emphasized that the proposed ordinance is not intended to prevent merchants from selling tobacco products but to help enforce the current law, State of California Penal Code 308. She reported that "Speak Out" conducted a survey of 70 retail establishments in the City and out of 70 attempted buys, 20 stores sold tobacco products to minors. Eva Varma, 879 Oak Street, Costa Mesa, member of the "Speak Out" group, commented on tobacco displays being placed in an area that is at eye level for children. She read a letter from a merchant in Costa Mesa who supports the proposed ordinance, and who has not experienced a reduction in tobacco sales due to placing these products behind the counter. Becca Silva, 3338 Maryland Circle, Costa Mesa, showed graphs illustrating that 78 percent of stores remained the same in overall sales after the City of Carpinteria banned self- service tobacco products. She noted that the positive effects of adopting this ordinance far outweighs the disadvantages and is not anti -business. Linda Dixon, 260 Princeton Drive, Costa Mesa, stated that she is proud of the youth in Costa Mesa for initiating an ordinance that would prohibit self-service displays of tobacco products. She thought that tobacco products should be behind locked enclosures, in the same manner in which spray paint cans are displayed. Judy Valenzuela, 377 Freeman Avenue, Costa Mesa, representing Camp Fire Boys and Girls of Orange County, reported that she has been working with "Speak Out" on this project for nine months and believes that they have done a very thorough and comprehensive job in researching, evaluating, and developing solutions to this problem. Charlene Metoyer, 759 Allegheny Avenue, Costa Mesa, Chairman, Child Care and Youth Services Committee, expressed her support for the proposed ordinance. She stated that even though there is an existing law that prohibits minors from purchasing tobacco products, there needs to be a regulation of self-service tobacco displays. Diana Morelli, 3412 Geranium Street, Costa Mesa, representing the Advisory Committee of Teens (ACT), urged Council 'to adopt the proposed ordinance. She stated that this_ ordinance could help reduce tobacco sales to minors by at least 50 percent and eliminate shoplifting of tobacco products. Council Member Somers commended the youth of the community for their hard work in compiling statistics, researching, and preparing the reports. Motion to Give A motion was made by Council Member Somers, seconded Ordinance First by Council Member Cowan, to give the ordinance first Reading reading. 36 The Mayor opposed the motion because it is already illegal to sell cigarettes to minors. He explained that since the youth now have the attention of the press, they can do much more to obtain their objective than the proposed ordinance can do. Council Member Erickson opposed the motion because he disagreed with those who believe that the only way to prevent their peers; from smoking is to penalize the merchants who lawfully sell -the tobacco products. He believed that emphasis should be placed on enforcement and education. Mayor Pro Tem Monahan opposed the motion because he believed the logistics of the proposed ordinance will not be effective. He suggested that the group continue to focus their efforts on enforcement and education. Council Member Somers commented that this ordinance would not penalize the merchants who sell tobacco products, and noted that no 'merchants attended the Council meeting to state their opposition. She believed that Council was missing out on an opportunity to make a statement to the community which states that Council is willing to take tobacco products out of the reach of minors. Council Member Erickson emphasized that current law already prohibit minors from purchasing tobacco products. He pointed out that ' the number of teenagers killed in car accidents, by alcohol use, and in sport activities, far outweigh the number of teenagers killed by cigarettes. Barbara Beck -Jencks, 443 Flower Street, Costa Mesa, asked that the ordinance be rewritten. Council Member Cowan supported the ordinance noting that the purpose of the ordinance is to prevent easy access to tobacco products for minors. First Substitute A substitute motion was made by Council Member Cowan, Motion to Direct seconded by Council Member Somers, to direct the City City Attorney to Attorney to refine the ordinance and look at ways to address Refine the limiting the availability of tobacco products in convenience Ordinance stores, and excluding establishments such as the "Tinder Box" which has a particular purpose as a tobacco shop. Council Member Cowan believed that there is merit to the ordinance, and felt that requiring merchants to have an employee assist customers to obtain tobacco products would deter minors from buying cigarettes. The Mayor stated that he understood the seriousness of this issue; however, he was not convinced that the last two motions were capable of eliminating the problem. First Substitute The first substitute motion, to refine the ordinance, failed to Motion Failed to carry 3-2, Council Members Buffa, Monahan, and Erickson Carry voting no. 3.7 Second Substitute A second substitute motion was made by Council Member Motion to Continue Somers, seconded by Council Member Cowan, to continue to the September this item to the Council Study Session of September 14, 14, 1998, Study 1998. Session The Mayor opposed the second substitute motion because he believed that efforts should be -focused on the issue of enforcement of existing laws. Council Member Erickson stated that this issue should be handled by educating minors that it is illegal to steal and to smoke, and to focus on enforcement. Council Member Somers did not approve of spending City funds for police to enforce the existing law prohibiting minors from purchasing tobacco products. Second Substitute The second substitute motion, to continue the item to the Motion Failed to September 14, 1998, Council Study Session, failed to carry Carry 3-2, Council Members Buffa, Monahan, and Erickson voting no. Original Motion The original motion, to give first reading to the ordinance, Failed to Carry failed to carry 3-2, Council Members Buffa, Monahan, and - Erickson voting no. CITY ATTORNEY'S The City. Attorney presented an ordinance to repeal Section REPORT/Prohibiting 11-10 of Chapter 1 of Title 11 of the Costa Mesa Municipal the Sale of Horror Code concerning the sale of horror comic books. He Comic Books summarized his Report No. 98-49, dated July 23, 1998. MOTION/Ordinance On motion by Council Member Erickson, seconded by Mayor 98-21 Given First Pro Tem Monahan, and carried 5-0, Ordinance 98-21, AN Reading ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO REPEAL SECTION 11-10 OF CHAPTER I OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE PROHIBITING THE SALE OF HORROR COMIC BOOKS, was given first reading and passed to second reading. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54956.8, to discuss real property for Closed Session: negotiations with Habitat for Humanity for 212 Del Mar Habitat for Avenue, 570 and 574 Victoria Street, and 2159 Maple Humanity Street. Council agreed that closed session would be trailed to Negotiations the end of regular Council business. CITY MANAGER'S The City Manager presented a request to appoint Acting City REPORT/Acting Treasurer. He summarized the Agenda Report dated August Treasurer Appoint- 13, 1998. ment MOTION/Appointed A motion was made by Council Member Cowan, seconded by Jason Simpson as Council Member Somers, and carried 570, to appoint .Jason P. Acting Treasurer Simpson as Acting City Treasurer. ANNOUNCEMENT The Mayor thanked Marc Davis for his outstanding service to the City as Acting Finance Director and Acting Treasurer and wished him well in his new endeavors. COUNCIL Mayor Pro Tem Monahan announced that there is a new COMMENTS/O.C. minor league Pro 'Football team in Costa Mesa, the Orange Steelers, Minor County ,Steelers, and their first scrimmage game will be held Football League on Saturday, August 29, 1998, at Orange Coast College. ADJOURNED TO SPECIAL JOINT MEETING ROLL CALL OLD BUSINESS At 10:10 p.m., 'Mayor Buffa adjourned the regular City Council ,meeting to a special joint City Council/Redevelopment Agency meeting: Agency Members Present: Officials' Present: Chairperson Gary Monahan Vice Chairperson Libby Cowan Agency Member Peter Buffa Agency Member Joe Erickson Agency Member Heather Somers Executive Director Allan Roeder Habitat for The Mayor adjourned the meeting to a closed session in Humanity Conference Room- 1B to discuss real property negotiations Negotiations with Habitat for Humanity. COUNCIL MEETING At 10:30 p.m., Mayor/Agency Member Buffa reconvened the RECONVENED special joint City Council/Redevelopment Agency meeting and the action taken during closed session was announced. MOTION/Directed By a vote of 3-2, Council/Agency Members Buffa and Somers City Manager on voting no, directions were given to the City Manager on Negotiations negotiations and ;terms of an agreement with Habitat for Humanity, for properties at 212 Del Mar Avenue, 570 and 574 Victoria Street, and 2159 Maple Street. ADJOURNMENT The Mayor declared the meeting adjourned at 10:35 p.m. Mayor of the City o a Mesa ATTEST: Deputy City C e k of the City of Costa Mesa 1 1 1