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HomeMy WebLinkAbout06/17/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JUNE 17, 1991 The City Council of the City of Costa Mesa, California, met in regular session June 17, 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 Chaplain William Parry, Hoag Memorial Hospital -Presbyterian. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa 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 City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council June 3 and Member Humphrey, and carried 4-0, the minutes of the 11, 1991 regular meeting of June 3, 1991, and the special meet- ing of June 11, 1991, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Humphrey, and carried 4-0, to read all ordinances by title only. ANNOUNCEMENT Mayor Hornbuckle announced the following items would be Old Business removed from the agenda: Nos. 5 and 8 Removed from Old Business, Item 5, Continued from the meeting of Agenda June 3, 1991, request from Orange County Marathon, Incorporated, for official City endorsement and waiver of related police services costs; and Old Business, Item 8, Resolution to place measure pro- hibiting fireworks on the ballot. ORAL Franklin Cole, 2482 Fairview Way, Costa Mesa, presented COMMUNICATIONS a transparency and photographs illustrating the Banning Banning Channel Channel maintenance road construction currently underway Maintenance Road by the County Corps of Engineers. He stated the Corps met with residents recently, however viable solutions for potential property damage were not available. The City Manager will initiate a meeting between the project director, Corps personnel, and the residents. Estancia High Marian Roberts, 3111 Mace Avenue, Apartment A, Costa School Music Mesa, Chairman of Ways and Means for the Estancia Boosters Instrumental Music Boosters, stated the major source of funds for the band program has been the sale of fireworks, and she invited the Council to attend the Fourth Annual Estancia 5000 Dinner and Dance which is a fund raising event. Water Usage Janice Davidson, 1982 Arnold Avenue, Costa Mesa, compli- mented the Mayor on her record for prudent water usage. Resolutions for John Moorlach, 3169 Madeira Avenue, Costa Mesa, repre- Ed Glasgow and senting the Costa Mesa Republican Assembly, read two Senate Bill 945 resolutions: (1) commending Ed Glasgow for his service to the community, and (2) opposing Senate Bill 945 to permit certain improvements at fairs, including race- track enclosures, and satellite wagering facilities. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 19, Change Order to the contract for design of the Corporation Yard/Estancia High School Traffic Signal; Item 21, Resolution authorizing improvements to the Fairview Channel; Item 24 (a) through (e), Budget Adjustments; and Item 25, Sole source lease agreement for an upgraded telephone system for the City. On motion by Vice Mayor Genis, seconded by Council Member Humphrey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Genis, seconded by Council Member Humphrey, and carried 4-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Orville Amburgey; Amended Claim from John Bates; Greg Etter; and Wayne L. Johnson. Alcoholic Alcoholic Beverage License application for which Beverage parking has been approved by the Planning staff: License Barbara and Brian Becker, 88 Fair Drive (Grand Stand). SET FOR PUBLIC On motion by Vice Mayor Genis, seconded by Council HEARING Member Humphrey, and carried 4-0, the following items were set for public hearing on July 1, 1991, at 6:30 MOTION p.m. in the Council Chambers of City Hall: Hearings Set for July 1, 1991 An ordinance amending the Costa Mesa Municipal Code to clarify that the development review process shall also Granny Units and apply to granny units and accessory apartments in any Accessory Apartments zone. Environmental Determination: Exempt. CDBG Funding Reallocation of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funding for fiscal year 1990-91. WARRANTS On motion by Vice Mayor Genis, seconded by Council Member Humphrey, Warrant Resolution 1496, including Pay - MOTION roll 9112, was approved by the following roll call vote: Warrant 1496 AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Approved Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Vice Mayor Genis, seconded by Council Member Humphrey, and carried 4-0, the following claims were rejected: Busca Hugo Pedro Busca Calles Stephen Calles Costa Lori Costa Kerr Dale Ann Kerr McMinimy Meloni McMinimy Michelmore Peter B. Michelmore Pendergrass Paula Pendergrass Pherrin John Pherrin Sullivan Thomas L. Sullivan Tortoledo Ramiro Tortoledo ADMINISTRATIVE Bids received for Bid Item 913, Revision A, Rental of ACTIONS Three Copiers, are on file in the Clerk's office. On motion by Vice Mayor Genis, seconded by Council Member Bid Item 913 Humphrey, the contract was awarded to A. B. Dick Com - Rental of Three pany, 3598 Cadillac Avenue, Costa Mesa, for $79,263.60. Copiers The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, MOTION Buffa, Humphrey Awarded to NOES: COUNCIL MEMBERS: None A. B. Dick ABSENT: COUNCIL MEMBERS: None Notice of Completion Modification to the 84 -Inch Outlet Structure at the R. C. Foster Santa Ana -Delhi Channel, Upstream of Paularino Avenue, Project No. 91-02, was completed to the satisfaction of Modification to 84- the Public Services Director by R. C. Foster Corpora - Inch Outlet Struc- tion, 17861 Bishop -Circle, Villa Park, on June 4, 1991. ture, Project No. On motion by Vice Mayor Genis, seconded by Council 91-02 Member Humphrey, the work was accepted; the Clerk was authorized to file a Notice of Completion; authorization MOTION was given to release retention funds 35 days thereafter; Work Accepted the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Public Services Director recommended approval of an Southern California agreement with Southern California Edison Company, Post Edison Office Box 410, Long Beach, to relocate Edison facili- ties for the Fairview Road and Baker Street intersection Relocate Edison widening project. On motion by Vice Mayor Genis, Facilities seconded by Council Member Humphrey, the agreement was approved; and the Mayor and Clerk were authorized to MOTION sign on behalf of the City. The motion carried by the Agreement Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, 11 Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Deputy City Manager/Development Services recommended County of Orange renewing an agreement with the County of Orange, Health Care Agency/Environmentall Health Division, 2009 East Health Services Edinger Avenue, Santa Ana, to provide health services from July 1, 1991, to June 30, 1996. On motion by Vice MOTION Mayor Genis, seconded by Council Member Humphrey, Agreement Approved renewal of the agreement was .approved; and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: . AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None I-405 Freeway/ On motion by Vice Mayor Genis, seconded by Council Fairview Road Member Humphrey, Resolution 91-44, A RESOLUTION OF THE Offramp CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING DEDICATION OF CITY -OWNED PROPERTY TO THE MOTION STATE OF CALIFORNIA FOR THE I-405 FREEWAY/FAIRVIEW ROAD Resolution 91-44 OFFRAMP, was adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Genis, seconded by Council Grant Deed Approved Member Humphrey, the Grant Deed authorizing dedication of property to the State of California for the I-405 Freeway/Fairview Road offramp, was approved; and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Arterial Highway On motion by Vice Mayor Genis, seconded by Council Financing Program Member Humphrey, Resolution 91-45, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ESTABLISHING THE QUALIFICATION OF THE CITY OF COSTA MESA Resolution 91-45 FOR PARTICIPATION IN THE .ORANGE COUNTY ARTERIAL HIGHLY Adopted FINANCING PROGRAM FOR FISCAL YEAR 1991-92, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Treasurer On motion by Vice Mayor Genis, seconded by Council Authorization to Member Humphrey, Resolution 91-46, A RESOLUTION OF THE Invest Monies CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE CITY TREASURER TO INVEST AND REINVEST MOTION IDLE MONIES OF THE CITY OF COSTA MESA IN ELIGIBLE SECU- Resolution 91-46 RITIES AND TO SELL OR EXCHANGE SECURITIES PURCHASED, AND Adopted AUTHORIZING SAID TREASURER TO DEPOSIT SUCH SECURITIES FOR SAFEKEEPING IN DESIGNATED BANKS AND SAVINGS AND LOANS AND AUTHORIZING THE SAID TREASURER TO DELEGATE TO THE DEPUTY TREASURER THE CARRYING OUT OF ANY SUCH TASKS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A" Item 19 on the Consent Calendar was presented: Change BSI Consultants Order "A" for $5,500.00 to the contract with BSI Consul- tants, Incorporated, 2000 East First Street, Santa Ana, Corporation Yard/ for the design of the Corporation Yard/Estancia High Estancia High School School Traffic Signal. The Change Order is for addi- Traffic Signal tional engineering services to incorporate plans, speci- fications, and estimates for landscaping, irrigation, and a three-foot concrete block wall as required at Estancia High School,. Council Member Humphrey announced that he would abstain from voting on this item. MOTION On motion by Council Member Buffa, seconded by Vice Change Order Mayor Genis, the change order was approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINING: COUNCIL MEMBERS: Humphrey Fairview Channel Item 21 on the Consent Calendar was presented: A Improvement resolution authorizing the Orange County Flood Control District to improve the Fairview Channel. Vice Mayor Genis clarified that the portion of Fairview Channel being improved is located under Placentia Avenue. The Public Services Director stated work will begin in approximately two months and will be completed in approximately four months. MOTION On motion by Council Member Humphrey, seconded by Vice Resolution 91-47 Mayor Genis, Resolution 91-47,, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZ- ING THE ORANGE COUNTY FLOOD CONTROL DISTRICT TO IMPROVE THE FAIRVIEW CHANNEL, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustments Item 24 on the Consent Calendar was presented: Budget Adjustment 91-116 for $1,103.00, to provide an appropriation to pay the City's share of the cost of a fence with Fairview Village Homeowners Association; Budget Adjustment 91-117 for $12,000.00, to provide an adequate appropriation to pay for construction of handicap access requirements for the elevator at the Costa Mesa Golf and Country Club; Budget Adjustment 91-119 for $30,650.00, to provide an appropriation for design and renovation of the Police facility pistol range ventilation system to meet appro- priate standards; Budget Adjustment 91-121 for $18,000.00, to provide funds for appraisals in right-of-way negotiations for intersection improvements at Harbor Boulevard and Gisler Avenue; and Budget Adjustment 91-122 for $50,000.00, to provide funds for construction of traffic signal modification and improvements at the intersection of Newport Boulevard and 18th Street; ninety percent of the total project costs are eligible for reimbursement from CALTRANS. Council Member Humphrey requested clarification of the five Budget Adjustments, and the City Manager reviewed these items with a brief explanation of each. MOTION On motion by Council Member Humphrey, seconded by Vice Adjustments Mayor Genis, the Budget Adjustments were approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Lease with Item 25 on the Consent Calendar was presented: Sole AT&T source lease agreement with AT&T, 8001 Irvine Center Drive, Suite 600, Irvine, to provide an upgraded tele - City Telephone phone system for City facilities. System Council Member Humphrey questioned the sole source pur- chase. Communications Director Vince Whelan responded that the City is now leasing AT&T equipment which will be integrated into the new system, effecting a savings. MOTION On motion by Council Member Humphrey, seconded by Vice Lease Agreement Mayor Genis, the lease agreement was approved; and the Approved Communications Director was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of PA -91-33 for the public hearing to consider an appeal of the Burke/Herberts Planning Commission's denial of Planning Action PA -91-33, from Brian Tesch Burke, 1907 Harbor Boulevard, Costa Mesa, authorized agent for Curtis Herberts, 2290 Channel Road, Newport Beach, for a Conditional Use Permit to allow entertainment in conjunction with the existing use that will include poetry reading, theatrical skits, and live acoustical music within 200 feet of residentially zoned property, located at 1907 Harbor Boulevard in a C2 zone. Environmental Determination: Exempt. The Affi- davit of Mailing is on file in the Clerk's office. No communications were received. The Deputy City Manager/Development Services summarized staff's memorandum dated June 10, 1991, which contains three options: (1) to deny the request, (2) to overturn the Planning Commission's denial and approve the request, or (3) to resubmit the request to the Planning Ccmmis- sion as a request for a use permit for offsite parking. Brian Tesch Burke stated that he was in favor of refer- ring this item back to the Planning Commission. Lee Heinz, Executive Director of the Costa Mesa Chamber of Commerce, read a prepared statement from Jim Henwood, Chamber of Commerce President, supporting the Blue Marble Coffee House. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, spoke in favor of the coffee house. John Moorlach, 3169 Madeira Avenue, Costa Mesa, supported PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing to consider the following: Landscaping Assess- Resolution levying an assessment for fiscal year 1991- ment District No. 1 1992 within Landscaping Assessment District No. 1; Tracts 9901 and 12011, 100 parcels; and this small business, stating it provides avante-guarde art, poetry and music for the City. John Feeney, 1154 Dorset Lane, Costa Mesa, stated that the Blue Marble Coffee House represents free enterprise in action, and he supported approval of the parking use permit. - There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Humphrey, seconded by Vice PA -91-33 Referred Mayor Genis, Planning Action PA -91-33 was referred to to Planning the Planning Commission to formalize parking agreements Commission with neighbors of the Blue Marble Coffee House. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing to consider the following: Landscaping Assess- Resolution levying an assessment for fiscal year 1991- ment District No. 1 1992 within Landscaping Assessment District No. 1; Tracts 9901 and 12011, 100 parcels; and f 43. Landscaping Assess- Resolution levying an assessment for fiscal year 1991- ment District No. 2 1992 within Landscaping Assessment District No. 1; Tract 10513, 41 parcels. The Affidavits of Posting and Publishing are on file in the Clerk's office. No communications were received. The City Manager summarized staff's memorandum dated May 27, 1991. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Resolutions 91-48 Vice Mayor Genis, to adopt the following resolutions: and 91-49 Adopted Resolution 91-48, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESS- MENT FOR FISCAL YEAR 1991-92 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER ONE; and Resolution 91-49, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING AN ASSESS- MENT FOR FISCAL YEAR 1991-92 WITHIN THE CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER TWO. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set Federal Revenue for the public hearing to consider allocation of Federal Sharing Funds Revenue Sharing Funds for fiscal years 1990-91 and 1991- 92. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The City Manager referred to staff's memorandum dated June 10, 1991, stating that the monies being allocated are the interest on funds that were set aside for Canyon Park. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Humphrey, seconded by Vice Allocation Mayor Genis, the allocation of Federal Revenue Sharing Approved Funds was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set for the public hearing to consider the following: City's Appropriation Recalculation of the City's appropriation limit for Limit 1990-91 fiscal year 1990-91: $65,275,489.00; and City's Appropriation City's appropriation limit for fiscal year 1991-92: Limit 1991-92 $69,541,386.00. The Affidavits of Publication are on file in the Clerk's office. No communications were received. Finance Director Susan Temple summarized staff's memorandum dated June 10, 1991. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Humphrey, seconded Resolutions 91-50 by Vice Mayor Genis, to adopt the following resolutions: and 91-51 Adopted Resolution 91-50, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 44 ti OF 1990-91, IN ACCORDANCE WITH ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AS AMENDED BY PROPOSITION 111 AND SB 88; and Resolution 91-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR OF 1991-92, IN ACCORDANCE WITH ARTICLE XIII -B OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AS AMENDED BY PROPOSITION 111 AND SB 88. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented the proposed City Budget for fiscal City Budget 1991-92 year 1991-92 for public discussion. The City Manager expressed appreciation to those who attended and assisted with the budget meeting on June 10, 1991. The Finance Director summarized staff's memorandum dated June 10, 1991, stating that total estimated resources available for the fiscal year 1991-92, as amended at the budget meeting, will be $69,100,000.00. She stated this was a completely balanced general fund budget at $58,100,000.00. Discussion ensued regarding individual items in the budget. John Moorlach, 3169 Madeira Avenue, Costa Mesa, asked several policy questions, and he was informed these would be addressed at the July 15, 1991, Council meet- ing. He presented to the Clerk a resolution from the Costa Mesa Republican Assembly opposing: (1) funding of a Cultural Arts Assessment; and (2) hiring a full- time staff member for Arts Director with City funds. Orville Amburgey, 945 Coronado Drive, Costa Mesa, stated that regarding Page 148 of the Program Budget, he under- stood from Al Nelson, General Council for the Employment Development Department (EDD), that they would not be taking over the Job Center as previously planned. The City Manager stated it was not the City's understanding that EDD had withdrawn the proposal which they had agreed to in concept. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, spoke about the monthly lunches provided to the Cultural Arts Committee and the Golf Course Committee, stating that meals should be available to all eight City committees. John Feeney, 1154 Dorset Lane, Costa Mesa, questioned the amount of money being spent on the arts. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, stated it would be beneficial to obtain feedback on the budget from homeowner's associations. The Mayor noted that a plan to meet with various homeowner's association repre- sentatives is in progress. The City Manager responded that the City will be presenting a series of neighbor- hood targeted programs based on responses from various associations. MOTION On motion by Council Member Humphrey, seconded by Vice Resolution 91-52 Mayor Genis, Resolution 91-52, A RESOLUTION OF THE CITY Adopted COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A BUDGET FOR THE FISCAL YEAR 1991-92, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:15 p.m., and the meet- ing reconvened at 8:30 p.m. OLD BUSINESS The Clerk presented Ordinance 91-14 for second reading Park Fees in Lieu and adoption. The ordinance relates to park fees in of Land Dedication lieu of land dedication. She also presented a resolu- tion finding and determining the population density standard. The Principal Planner reviewed staff's memorandum dated June 7, 1991, stating that if a lower fee than the maximum is preferable, it would be suggested that a finding be added to the resolution indicating that the fee is reduced based upon the Council's desire to balance the need for additional park and recreational fees with the housing cost implications of the fee. MOTION On motion by Vice Mayor Genis, seconded by Council Ordinance,91-14 Member Humphrey, Ordinance 91-14, AN ORDINANCE OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 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, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Humphrey NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Vice Mayor Genis, seconded by Resolution 91-53 Council Member Humphrey, to adopt the fee schedule based Adopted on the appraisal of park land as presented in staff's memorandum dated June 7, 1991; and to adopt Resolution 91-53, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THE POPULATION DENSITY STANDARD FOR SINGLE- AND MULTIPLE - FAMILY DWELLING UNITS, AND AMENDING THE CURRENT IN -LIEU IMPACT FEE FOR NEW RESIDENTIAL SUBDIVISIONS WITHIN THE CITY OF COSTA MESA. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Humphrey NOES: COUNCIL MEMBERS: Buffa ABSENT: COUNCIL MEMBERS: None Council Member Buffa opposed the motion because he felt that there are other options for funding park improve- ments which should be explored before imposing a new tax which will ultimately increase housing costs. OLD BUSINESS The Clerk presented Ordinance 91-16, relating to smoking Smoking in Public in public facilities, for second reading and adoption; Facilities and a resolution regarding designated smoking areas. A communication was received from Dorothy M. Clinch, 2039 President Place, Costa Mesa, regarding smokers' rights. The City Attorney corrected the first page of Ordinance 91-16, Section 8-132(b) to read, "Smoke" or "Smoking" means and includes..." MOTION On motion by Vice Mayor Genis, seconded by Mayor Ordinance 91-16 Hornbuckle, Ordinance 91-16, AN ORDINANCE OF THE CITY Adopted COUNCIL OF THE CITY OF 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, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Mayor Hornbuckle stated a letter had been received from Harry Green, Costa Mesa Golf Club, requesting that the - first floor bar and lobby area, the second floor outside balconies and all private offices be designated smoking areas. The City Manager stated a communication was received from Mary Elliott elaborating on comments previously made by City employees. He stated that the Costa Mesa Police Association, Fire Association, and Employees Association supported the proposal, providing other accommodations, specifically designated smoking areas, are assigned; and a stop smoking program is to be imple- mented. MOTION A motion was made by Mayor Hornbuckle, seconded by Resolution 91-54 Council Member Humphrey, to adopt Resolution 91-54, A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO DESIGNATE SMOKING AREAS WITHIN PUBLIC FACILITIES, designating the following as smoking areas: (1) The first floor bar area at the Costa Mesa Municipal Golf Course, 1701 Golf Course Drive; (2) The second floor outside balconies and private offices at the Costa Mesa Municipal Golf Course; (3) The veterans area at the downtown Police substation, 567 West 18th Street, known as the Costa Mesa Veterans Memorial Hall; and (4) Facilities at City Hall, 77 Fair Drive, that would be sheltered, but outside the building itself, as developed by the City Manager. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Buffa, Humphrey NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of May 20, 1991, Costa Mesa Civic Memorandum of Understanding with the Costa Mesa Civic Playhouse Playhouse. Communications from.Costa Mesa residents in support of the Civic Playhouse were received from: Katherine Brown, 2976 Royal Palm Drive, Apartment C; Jeanne Burker, 1585 San Bernardino Place; Annabelle Quigley, 990 Oak Street; Margaret B. Soden, 335 Woodland Place, Apartment B; Bill O'Neil, 1618 Baker Street; Mr. & Mrs. Maurice Levy, 2217 Harbor Boulevard, Apartment F-2; A. Stephens Lowrie, 2046 Meyer Place; Harriett C. Durway, 421 Circle; Stephen Goldberger, M.D., 3036 Java Road; Pamela and David Hengsteler, 912 Van Ness Court; Terri Blake, 1750 Whittier Avenue; and from Helen A. Anderson, 3320 Ocean Boulevard, Corona del Mar. Rick Pickering, Assistant to the City Manager, presented staff's report dated June 12, 1991, which addressed concerns raised by Council at the May 6, 1991, meeting. The following persons spoke on the Memorandum of Under- standing and the Costa Mesa Civic Playhouse: Dwayne Dickerson, 498 Sturgeon Drive, Costa Mesa; Alice Leggett, 1088 Salinas Avenue, Costa Mesa, member of the Cultural Arts Committee; Maria Hall -Brown, 2221 Saybrook Lane, Costa Mesa; Gordon Marhoefer, 342 Sydney Lane, Costa Mesa; Anita Grossman, 1959 Flamingo Drive, Costa Mesa; `445 Ted Knorr, 293 Bowling Green Drive, Costa Mesa; Brian Johnston, 2700 Peterson Place, Apartment 39, Costa Mesa; John Feeney, 1154 Dorset Lane, Costa Mesa; Diana Lyerla, 2031 National Avenue, Costa Mesa, member of the Board of Directors of the Costa Mesa Civic Playhouse; David Palmer, 1622 Corsica Place, Costa Mesa; Ross Phillips, 2389-A Carlton Place, Costa Mesa; Beverly Allen, 2326 Cornell Drive, Costa Mesa; Jim Bell, resident of Mission Viejo; Jim Ryan, 23995 Raleigh Street, E1 Toro, member of the Laguna Playhouse; Ken Perkins, 400 Merrimac Way, Costa Mesa; Richard Cavin, resident of Corona del Mar; Jeanine Marold, 306 Princeton Drive, Costa Mesa; Joann Von Fitt, 316 Robin Hood Lane, Costa Mesa; Merna Ryan, 23995 Raleigh Street, El Toro; and Keith Lewis, 205 Mayfair Lane, Costa Mesa. John Moorlach, 3169 Madeira Avenue, Costa Mesa, read a resolution of the Costa Mesa Republican Assembly which opposed continued funding of the Costa Mesa Civic Play- house, but supported the Memorandum of Understanding with the modification that the Playhouse will be self- sustaining by the fiscal year 1992-93. The Community Services Director spoke on the.fees paid by participants in sporting events. Vice Mayor Genis asked if members of the Civic Playhouse, as in sports, pay to participate, and she was informed they do not. Motion Made to A motion was made by Mayor Hornbuckle, seconded by Approve Memorandum Council Member Buffa, to approve the Memorandum of of Understanding Understanding; specifying Option 1 of Exhibit A, Annual Rent Schedule; and Option 1 of Exhibit B, Annual Oper- ating Subsidy; on Page 2 of the MOU, Paragraph H, last sentence, strike the word "grants" which changes the sentence to read, "All subsidies made to CMCP by the CITY shall cease on June 30, 1998;" strike the word "grant" from the the balance of the document and, if necessary, replace it with "budget subsidies". Substitute Motion A substitute motion was made by Vice Mayor Genis to Died for Lack of approve the Memorandum of Understanding, adding the a Second clause that the Costa Mesa Civic Playhouse will not, "denegrate nor harass nor permit its agents to denegrate nor harass individuals on the basis of their race, religion, color, natural origin, ancestry, physical handicap, medical condition, marital status, or sex." The motion died for lack of a second. AMENDED ORIGINAL A motion was made by Council Member Humphrey, seconded MOTION by Mayor Hornbuckle, to amend the original motion to Memorandum of change Exhibit A, Annual Rent Schedule, to Option 2; Understanding and change Exhibit B, Annual Operating Subsidy, to Approved Option 2; with the inclusion of special ticket rates for senior citizens. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Buffa, Humphrey NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 10:25 p.m., and the meet- ing reconvened at 10:40 p.m. OLD BUSINESS The Clerk presented traffic speed evaluation on East East 19th Street 19th Street. The Public Services Director presented staff's memorandum dated June 7, 1991, stating that if Council concurs,'the report should be received and filed. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, related her experience driving on 19th Street. The City Manager stated that he will provide Council with a statistical analysis of police action on East 19th Street. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, supported lowering the speed limit on East 19th for safety reasons. Evaluation Received Mayor Hornbuckle received the traffic speed evaluation for and Filed filing. OLD BUSINESS The Clerk presented from the meeting of June 3, 1991, Enforcement of enforcement of the fireworks ordinance. Fireworks Ordinance Communications were received from Roger Blanchard, 1144 Sea Bluff Drive, Costa Mesa, regarding enforcement; and Lois Pinsky, 3078 Ceylon Road, Costa Mesa, opposing any sale of fireworks. The City Manager presented staff's report dated June 12, 1991, noting that formal acceptance of this report is not required nor is a separate authorization of overtime. Fire Marshal Tom Macduff explained the enforcement planned for the 4th of July; and he explained that to fully enforce the ordinance, it would be necessary to double or triple the police force on the streets. Anne Hogan-Shereshevsky, 2152 Eldon Avenue, Costa Mesa, expressed her desire to have an ordinance passed pro- hibiting fireworks. Dwayne Dickerson, 498 Sturgeon Drive, Costa Mesa, spoke about prohibiting smaller fireworks that are dangerous. He complained about flyers left on the windshield of his car advertising the fireworks display at Orange Coast College. Jeffrey Childs, 1139 Aviemore Terrace, Costa Mesa, spoke regarding the history of fireworks. John Moorlach, 3169 Madeira Avenue, Costa Mesa, respond- ing to a statement regarding the Rotary Club, reported that the club is very active with local schools, which includes providing scholarships. Sherrie Neft, 3132 Madeira Avenue, Costa Mesa, stated enforcement is the key issue to the new fireworks ordi- nance,'and she requested a plan be made to enforce prohibition of fireworks being ignited from public domain, such as roadways and sidewalks. She stated she is still in favor of a total ban. Nancy Palme, 1997 Kornat Drive, Costa Mesa, stated that everyone is responsible for educating their children regarding fireworks safety. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, related her positive experience with fireworks. Captain David Brooks, Costa Mesa Police Department, responded to a question from the Mayor about enforcement of the ordinance where fireworks are ignited in the public right-of-way, and stated that the Police Officers will cite people for this violation. Information Accepted The Mayor announced formal acceptance of all information. Council Member Council Member Buffa left at 11:20 p.m., stating he Buffa Left would abstain from.voting on the next item and would return upon its completion. OLD BUSINESS The Clerk presented Orange County Fairgrounds Traffic Fairgrounds Traffic Control Plan. The City Manager introduced the Traffic Control Plan Control Plan, stating the purpose for the presentation was to obtain feedback from the Council regarding the basic plan as proposed. Police Captain Brooks explained the objective of the plan was to best accommodate the traffic into and out of the Orange County Fairgrounds when there are several events scheduled. Police Lieutenant Alan Kent, in charge of the Traffic Bureau, reviewed in detail all proposed traffic control procedures for Plan A of the Traffic Control Plan, and he was assisted by Officer Steven Rautus, who helped design the plan and contributed to the artwork on the diagrams. Lieutenant Kent stated that the plan is to address those events which utilize the entire Fairground and Pacific Amphitheatre facilities, single and multiple events. He responded to questions regarding pedestrian traffic, and noted the dilemma of the parking situation. Tony Petros, LSA Associates, One Park Plaza, Suite 500, Irvine, traffic consultant for Tel Phil Enterprises, Incorporated, operator of the Orange County Market Place, spoke regarding the successful management plan which has been in operation at the Fairgrounds since 1989, and which he felt should be considered. John Feeney, 1154 Dorset Lane, Costa Mesa, asked if the personnel and equipment would be paid for by the Fair- grounds, and he was informed that they would be split between the Fairgrounds and its tenants. Plan Reviewed The Mayor acknowledged receipt and review of the Traffic Control Plan. Council Member Buffa Returned Council Member Buffa returned at 12:20 a.m. MOTION On motion by Vice Mayor Genis, seconded by Council Meeting Continued Member Humphrey, and carried 4-0, it was decided to finish the agenda items rather than adjourn to Tuesday. NEW BUSINESS The Clerk presented Enhancement Plan for the County of Talbert and Orange's Talbert and Fairview Parks. Fairview Parks Bob Fisher, Director of Harbor, Beaches and Parks for the County of Orange, presented a visual diagram and spoke on the enhancement plan for the park land. He stated the proposal is consistent with the City's plans, and compatible with the plans for the adjacent Fairview Park, and the County will abide by the conditions as set forth in staff's memorandum dated June 6, 1991. The City Manager stated that his staff would contact individuals tomorrow that had expressed interest in this item but left the Council meeting thinking it would be presented on Tuesday, and would advise them of Council's action and of their right to request reconsideration. MOTION On motion by Council Member Buffa, seconded by Council Plan Approved Member Humphrey, and carried 4-0, the plan was approved, including the conditions specified in staff's memorandum of June 6, 1991. NEW BUSINESS The Clerk presented an ordinance supporting the South Vehicle Registration Coast Air Quality Management District's imposition of Fee the vehicle registration fee and bringing the City into compliance with the requirements set forth in Section ".4 4-9 44243 of the Health and Safety Code in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles. The City Attorney summarized staff's memorandum dated June 12, 1991, and his Report No. 91-38 dated June 11, 1991. MOTION On motion by Vice Mayor Genis, seconded by Council Ordinance 91-17 Member Humphrey, Ordinance 91-17, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADD - Reading ING CHAPTER XX TO ARTICLE 10 OF THE COSTA MESA MUNICIPAL - CODE PERTAINING TO THE EXPENDITURE OF MOTOR VEHICLE REGISTRATION FEES PURSUANT TO THE CALIFORNIA CLEAN AIR ACT OF 1988, was given first reading and passed to second reading by the following roll call vote: AYES: ODUNCIL MEMBERS: Hornbuckle, Genis, Humphrey NOES: COUNCIL MEMBERS: Buffa ABSENT: ODUNCIL MEMBERS: None NEW BUSINESS The Clerk presented the request for City Council direc- Vacated Council tion in filling the vacated Council seat. Communica- tions were received from Roger Blanchard, 1144 Sea Bluff Drive, Costa Mesa; and Shirley Werner, 2124 Republic Avenue, Costa Mesa. The City Manager presented his memorandum of June 14, 1991, which outlines the general direction from the Special Council Meeting of June 11, 1991. Phil Morello, 592 Hamilton Street, Unit C, Costa Mesa, expressed his opinion that the new Council Member should be elected, not appointed. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, also supported an election, but suggested two candidates if the decision was to appoint: (1) Arlene Schaefer; and (2) Ernie Feeney, and she listed their credits. John McGlinn, 1785 Hummingbird Drive, Costa Mesa, put forth Karen McGlinn as the successor to Ed Glasgow, noting that she drew over 9,000 votes in the last Council election. Council Member Buffa made note of the fact that the procedures and costs of an election were prohibitive, and even piggy -backing an election, the cost would be in the low $30,000.00 range. MOTION A motion was made. by Council Member Buffa, seconded by Continued the Item Mayor Hornbuckle, and carried 3-1, Vice Mayor Genis to July 1, 1991 voting no, to appoint a new Council Member at the meet- ing of July 1, 1991, to fill the vacated Council seat. The City Manager stated a resolution for a special election will be prepared for the meeting of July 1, 1991, in case there is not a majority consensus to appoint. NEW BUSINESS The Council then discussed a request from the Costa Downtown Merchants Mesa Downtown Merchants Association. Reconsideration of enforcement of promotional banner regulations. Modification of previously approved funding request regarding matching funds. Motion to Continue A motion was made by Council Member Humphrey to continue Failed for Lack of these items to July 1, 1991, because no one from the a Second Downtown Merchants Association was present. The motion died for lack of a second. MOTION A motion was made by Council Member Buffa, seconded by Banner Regulations Mayor Hornbuckle, that, for the duration of construction Suspended; Modifi- on Newport Boulevard, the City suspend the prcenotional cation of Funding banner regulations on streets as reflected in Exhibit B, Approved of staff's memorandum of June 12, 1991, under the direction of the Zoning Administrator, who will use the same criteria as applied to all banners in the City but suspend the time limitation; and approve the modifica- tion of funding as requested. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Buffa, Humphrey NOES: COUNCIL MEMBERS: Genis ABSENT: COUNCIL MEMBERS: None The City Manager stated he will convey this decision to the Downtown Merchants Association. COUNCIL MEMBER Vice Mayor Genis expressed good wishes for Council COMMENTS Member Glasgow in his future endeavors. Council Minutes Vice Mayor Genis requested that audio tapes of Council meetings be kept on file for a longer period of time; and she identified a need to know the minute production process. July 4 Fireworks Mayor Hornbuckle announced the Costa Mesa Rotary Club's fireworks spectacular on the 4th of July at Orange Coast College at 7:00 p.m. ADJOURNMENT The Mayor declared the meeting adjourned at 1:00 a.m. Mayor ofi the City of Costa Mesa ATTEST: C ty Clerk of the City of Costaesa