Loading...
HomeMy WebLinkAbout04/01/1985 - City CouncilROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 1, 1985 The City Council of the City of Costa Mesa, California, met in regular session April 1, 1985, 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 Vice Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Ms. Linda McConnehea, First Church of Christ Scientist. Council Members Present: Council Members Absent: Officials Present: Hornbuckle, Schafer,'Hall, Wheeler Hertzog City Manager, Assistant City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Council Member Wheeler, seconded by Council March 18, 1985 Member Schafer, and carried 4-0, the minutes of the regular meeting of March 18, 1985, were approved as distributed and posted. ORDINANCES A motion was made by Council Member Wheeler, seconded by Council Member Schafer, and carried 4-0, to read all ordinances by title only. PROCLAMATION Vice Mayor Hornbuckle read a proclamation declaring "Law Day" Wednesday, May 1, 1985, as "Law Day" in the City. Judge David Carter was present to accept the document on behalf of the Orange County Bar Association. Judge David Carter thanked the Council for recognizing "Law Day" in the City of Costa Mesa and informed them of the special events that will take place to commemo- rate this day. Dispute Involving Vice Mayor Hornbuckle stated that Council Member Wheeler Council Member was involved in an altercation that has received con - Wheeler siderable media coverage and asked Council Member Wheeler if he would like to respond or make any state- ment about this issue. Council Member Wheeler made the following statement: "First of all, I would like to say that if I have in any way embarrassed the office or my fellow Council Members, for that I apologize. "I would also like to say that Judge Carter spoke very strongly about freedoms and fundamental rights that I hold very dearly. "We have the right to due process which means the right to cross-examine, and confront witnesses against us. Vb have a presumption of innocence. We are not to be tried in the newspapers. I an not sure that that presumption of innocence has been indulged in my matter. I don't think that those rights of cross-examination, confron- tation, due process, and trial by jury have been upheld. "I understand my fellow Council Members' proposed actions tonight. I do not condone them. I believe that they are precipitous. MOTION Council Member Wheeler Reprimanded ORAL COMMUNICATIONS Request from CSP for Waiver of Rental Fee MOTION Rental Fee Waived want- to --say- to< the citizens of this City that I believe that I have always canported myself in a manner that is consistent with the protection of the residents of this City in this Council Chamber, and I will continue to do that with the utmost of my ability no matter what pressures . are placed upon me." Vice Mayor Hornbuckle stated that this is a difficult situation for�all. She made it clear to all members of the community and to all members of the Council that improper behavior will not be condoned. She felt a motion was in order and made a motion to reprimand 'Council Member Whieeler's alleged behavior. The motion was seconded by Council Member Schafer, and carried 3-0, Council Member Wheeler abstaining. Alvin L. Pinkley,:1833 Fullerton Avenue, Costa Mesa, was present on -behalf of CSP, Incorporated, a delinquency prevention program for junior and high school students. He asked that the Council waive the rental fee of $6,900.00 since the City did not allocate funds this year for the program, and CSP will raise the remaining amount needed. He stated that the program has been very successful, A motion was made by Council Member Hall, seconded by Council Member Wheeler, to waive the rental fee of approximately $6,900.00. Mr. Pinkley responded to questions asked by the Council. Vice Mayor Hornbuckle asked how this waiver of funds would affect the City Budget. The City Manager responded that it would be taken frau the General Fund, 1985-86 Fiscal Year. After brief discussion, the motion carried 4-0. Council Member Sid Soffer, 900 Arbor Street, Costa Mesa, suggested Wheeler Alter- that the situation concerning Council Member Wheeler be cation turned over to the.District Attorney for investigation. Pacific John Feeney, 1154 Dorset Lane, commented that if the Amphitheatre Pacific Amphitheatre were domed, as some citizens would like, the residents in the area would have to suffer with the problems year round. Transition Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, repre- Zone senting Denise Curry, President, Mesa West Homeowners Association, stated that the Association feels that the residents who live -on 19th Street and in the proximity of 19th Street should be involved in the future of the Transition Zone. MOTION Discussion ensued regarding the feasibility of estab- Establish West lishing a,west side citizens cammittee to make Side Citizens reccmuendations on the Transition Zone. Thereafter, Committee for Council Member Hall made a motion directing the City Transition Zone Manager to implement the establishment of a vest side committee for the Transition Zone. The motion was seconded by Council Member Schafer. Council Member Schafer stated that it is too soon to form a committee. She felt that it would be more appropriate.to wait until the Regional/Urban Design Assistance 'Team (R/UDAT) report was campleted. ,Council Member Hall -reiterated his previous comments in favor of forming a caYmnittee at this time. 183 181 Council Member Wheeler was not convinced that there is a need for a committee. He stated that all residents should continue to be involved. Vice Mayor Hornbuckle also felt that the establishment of a committee is premature and a more appropriate time would be when the WUDAT report is completed. Motion Failed The motion failed -bo carry 3-1, Council Members Horn - to Carry buckle, Schafer, and Wheeler voting no. Douglas Yates, 274 Cecil Place, Costa Mesa, stated that committees are sometimes self limiting and opinions could be expanded to other sources within Costa Mesa. CONSENT CALENrAR Vice Mayor Hornbuckle announced that the following items will be removed from the Agenda and continued to the meeting of April 15, 1985: Item 6(g), claim from David Melanson. Item 8(a), award of contract for Bid Item No. 655, Leased Police Units. The following items were removed from the Consent Calen- dar: Item 6, claim actions from: (a) Mattie Belcher, et al; (b) John Bovaird; (c) CAS Development; (d) Ralph Dohle; (e) Daniel C. Freiberger; (f) Susan Hughes; (h) Pacific National Insurance Company/Care Free Conditioner; (i) R. Wakins Coachworks. Item 8(d), award of contract for 1984-85 Street Maintenance, Phase II, Reconstruction of Golf Course Drive. MOTION On motion by Council Member Schafer, seconded by Council Melanson Claim Member Wheeler, Item Nos. 6(g) and 8(a) were continued and to the meeting of April 15, 1985, and the remaining Bid Item No. 655 Consent Calendar items were approved in one motion by Continued the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog READING FOLDER On motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 4-0, the following fading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney William D. Harlan on behalf of Robert Bruce Bell; Louise E. Burgess; Attorney David L. Abbott on behalf of Karen Gockley and Robert Lukas; Attorney Jon R. Mower on behalf of Vicky Grage; Attorney David J. Fuller on behalf of Ronald True Hatch; Attorney John J. Doody on behalf of Rosa Maria Reyes; Richard M. Reynolds; and Southern California Gas Company. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Maurice C. Mamo and Raymond J. Pender, doing business as Nut and Cracker, 1797 Newport Boulevard; Thrift Oil Company, doing business as Sunshine Food Store, 751 Baker Street; and John Michael Medici and Thanh Huu Nguyen, doing business as Cafe International, 3033 South Bristol Street, Suite 0. 185 Public Applications before the Public Utilities Commission: Utilities Commission Application -No'. 85-03-045, Southern California Gas Canpany and Pacific Lighting Gas Supply Canpany, will be heard at a public hearing on April 29, 1985, concerning rate adjustments. Application frau Paging Systems, Incorporated, for a Certificate of Public Convenience and Necessity to construct and operate a radio/telephone paging system in the Los Angeles area. Federal Revenue Communication frcm'the City of Stanton to the Orange Sharing Funds County Board of Supervisors opposing the Board's action of March 4, 1985, agreeing with the President of the United States that federal revenue sharing funds should be eliminated fran the federal budget for 1985-86. Resolution frau the City of Yorba Linda supporting the United Cerebral Notice of Intention to Appeal or Solicit for Charitable Palsy Purpose has been received from United Cerebral Palsy of Orange County, Incorporated, 3020 Wast Harvard Street, Santa Ana, by collecting reuseable goods for resale in MOTION its thrift store. On motion by Council Member Schafer, Permit Approved seconded by Council Member'Vxheeler, and carried 4-9, the permit was approved with application of Municipal Code Section 9-234J. VFW proposal of the President of the United States to eliminate federal revenue sharing funds on October 1, 1985, one year earlier than planned. Senate Bill 75 Resolution fran the City of Garden Grove supporting "Deep Pocket" Senate Bill 75 which provides relief to the taxpayers Lawsuits frau "Deep Pocket" lawsuits while affording protec- tion to accident victims. Orange County Oommunication fran Gerald C. Grimm, California Senior Grand Jury Assemblyman, concerning recommendations frau the 1983- 1984 Orange County Grand Jury that the election financing loopholes be closed that allowed political EIR/GP-85-WR--85-01 contributions larger than the limits in certain Butler/State of circumstances. BUSINESS PERMITS agent for the State of California, 2501 Harbor Boule- Notice of Intention to Appeal or Solicit for Charitable Newport Harbor- Purpose has been received fran the Newport Harbor -Costa Costa Mesa Board Mesa Board of Realtors, 401 North Newport Boulevard, of Realtors Newport Beach, by soliciting supplies and labor fran April 2 to May 1, 1985, in order to provide for rehabil- MOTION itatioh, etc., of the Orange Coast Interfaith Shelter. Pen -nit Approved On motion by Council Member Schafer, seconded by Council Member Wheeler,'and carried 4-0, the permit was approved with application'of Municipal Code Section 9-234J. United Cerebral Notice of Intention to Appeal or Solicit for Charitable Palsy Purpose has been received from United Cerebral Palsy of Orange County, Incorporated, 3020 Wast Harvard Street, Santa Ana, by collecting reuseable goods for resale in MOTION its thrift store. On motion by Council Member Schafer, Permit Approved seconded by Council Member'Vxheeler, and carried 4-9, the permit was approved with application of Municipal Code Section 9-234J. VFW Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Veterans of Foreign Wars, Coast Line Post No. 3536, 565 West 18th Street, Costa Mesa, by selling "Buddy Poppies" on May 10 and 11, 1985. MOTION On motion by Council Member Schafer, seconded by Council Pennit Approved Member Meeler, and carried 4-0, the permit was approved with application of Municipal Code Section 9-234J. SET FOR PUBLIC On motion by -Council Member Schafer, seconded by Council HEARING Member Wheeler, and carried 4-0, the following item was set for public hearing on April 15, 1985, at 6:30 p.m., in the Council Chambers of City Hall: EIR/GP-85-WR--85-01 General Plan Amendment GP -85-1A and Rezone Petition Butler/State of R-85-01, Merrill Butler, Incorporated, authorized California agent for the State of California, 2501 Harbor Boule- yard, Costa Mesa, for approximately 54 acres of land located at the above address: Environmental Impact Report; a General Plan Amendment to change the land use designation from Public and Semi-public to High Density Residential; and a Razone Petition to change the zoning from I and R (Institutional and Recrea- tional) to PDR -HD (Planned Development Residential - High Density). ADMINISTRATIVE The Director of Leisure Services has requested approval ACTIONS of Change Order No. 1 to the contract with Chris R. Stephens, Incorporated, 18226 West McDurmott, Suite D, Change Order No. 1 Irvine, in the amount of $4,290.00, for installation Chris R. Stephens of a block wall on _Fair Drive between Harbor Boulevard and Fairview Road. On motion by Council Member Schafer, Block Wall on seconded by Council Member Wheeler, the change order was Fair Drive approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, MOTION Hall, Wheeler Change Order NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: Hertzog Contract Addendum The Director of Leisure Services has requested approval Robert Clark Graves of an addendum to the contract with Robert Clark Graves, Incorporated, 2192 Dupont Drive, Suite 216, Irvine, in Lions Park Tot Lot an amount not to exceed $4,750.00, to upgrade the design of the Lions Park tot lot area. On motion by Council MOTION Member Schafer, seconded by Council Member Wheeler, the Addendum Approved addendum was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Bid Item 656 One Off-road Vehicle MOTION Awarded to Orange Coast AMC/Jeep Bid Item 657 Computer Terminals MOTION Awarded to "M.P.S." Microtech 19th Street Widening MOTION Awarded to Nelson and Belding Bids received for Bid Item 656, One Off-road Vehicle, are on file in the Clerk's office. On motion by Council Member Schafer, seconded by Council Member Wheeler, the contract was awarded to Orange Coast AMC/Jeep, Incorpor- ated, in the amount of $9,858.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Bids received for Bid Terminals, are on fil by Council Member Sc Wheeler, the contract Professional Systems, Hills, in the amount by the following roll AYES: COUNCIL Item 657, Six Units of Computer e in the Clerk's office. On motion hafer, seconded by Council Member was awarded to "M.P.S." Microtech 23016-D Del Lago Drive, Laguna of $11,925.00. The motion carried call vote: MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler None Hertzog Bids received for Widening of 19th Street from Park Avenue to Fullerton Avenue are on file in the Clerk's office. On motion by Council Member Schafer, seconded by Council Member Wheeler, the contract was awarded to Nelson and Belding Contracting Corporation, 17626 South Broadway, Gardena, in the amount of $1,371,553.80. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog i 187 Agreement/Golfplan, The Director,of Leisure Services has requested approval Ronald Fream Design of an agreement' with Golfplan, Ronald Fream Design Group, Limited, 3820 Sebastopol Road, Santa Rosa, in the amount of $12,400.00 plus expenses, for design of MOTION the'Costa Mesa Golf Course remodeling. On motion by Agreement Council Member Schafer, seconded by Council Member Approved Wheeler, 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, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Bristol Park The Purchasing'Agent has requested authority to purchase Medical Group professional medical services fran Bristol Park Medical Services Group, 722 Baker Street, Costa Mesa, in an amount not to exceed $6,400.00. On motion by Council Member Schafer, MOTION seconded by Council Member Wheeler, the request was Purchase approved by the following roll call vote: Authorized AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Final Map for The Final Map was presented for Tract 12294, Mar -Elden Tract 12294 Development, 18226 West McDurmott, Suite D, Irvine; one Mar -Elden lot, 0.82 -acre, located at 2603-2607 Elden Avenue, for condominium purposes. On motion by Council Member MOTION Schafer,, seconded by Council Member Wheeler, the map Map Approved was approved;.the Council did accept on behalf of the City of Costa Mesa the ingress/egress easement for emergency and security vehicle purposes as dedicated, and the three-foot wide easement for public utility purposes as dedicated; did also approve said map pursu- ant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Improvements in Improvements in Tract 11680 have been completed to the Tract 11680 satisfaction of the Director of Public Services by Spiller Charles R. Spiller, Jr., 234 East 17th Street, Suite 117, Costa Mesa, for property located at 180 Cabrillo MOTION Street. On motion by Council.Member Schafer, seconded hbrk Accepted by Council Member Wheeler, the work was accepted and the bonds were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT:. COUNCIL MEMBERS: Hertzog Notice of Completion Demolition of the Water Slide at TL -Winkle Park has been Demolition of Water canpleted to the satisfaction of the Director of Leisure Slide at TeWinkle Services by Parrott and Wright Construction Company, Park Incorporated, Post Office Box 280, Corona. On motion by Council Member Schafer, seconded by Council Member MOTION Wheeler, the work was accepted; the Clerk was authorized Tnbrk'Accepted to file a Notice of Canple tion; authorization was given to release the 10 percent retention funds and to exon- erate the Performance Bond 35 days after the Notice of Canpletion has been filed; and the Labor and Material Bond was ordered exonerated,7 months after the Notice of Ccanpletion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Notice of Conpletion Renovation of Mesa Verde Park has been completed to renovation of the satisfaction of the Director of Leisure Services Mesa Verde Park by Hondo Company, Incorporated, 18392 East 17th Street, Santa Ana. On motion by Council Member Schafer, sec - MOTION onded by Council Member Wheeler, the work was accepted; Vbrk Accepted the Clerk was authorized to file a Notice of Completion; authorization was given to release the 10 percent reten- tion funds and to exonerate the Perfonnance Bond 35 days after the Notice of Completion has been filed; and the Labor and Material Bond was ordered exonerated 7 months after the Notice of Completion has been filed. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Meeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Conference Advance On motion by Council Member Schafer, seconded by Council r� Member Wheeler, a Conference Advance for $987.78, for a MOTION police officer to attend the Management Course in Advance Approved La Jolla fron June 17 through 28, 1985, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Prohibition of The Traffic Commission has recommended that parking be Parking on Iowa prohibited on the southerly curb of Iowa Street, begin - Street ning at Michigan Avenue easterly for 100 feet, for sight distance improvement. On motion by Council Member MOTION Schafer, seconded by Council Member Wheeler, Resolution Resolution 85-21 85-21, being A RESOLUTION OF THE CITY COUNCIL OF THE Adopted OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARK- ING ON A PORTION OF IOWA STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Prohibition of The Traffic Commission has recommended that parking be Parking on Orange prohibited along the westerly curb of Orange Avenue for Avenue for Bus 80 feet southerly of Santa Isabel Avenue for installa- Stop tion of a bus stop. Bus patrons using the existing southbound bus stop to the far side of Santa Isabel MOTION Avenue have caused problems for the residents. The resolution 85-22 Commission has also recommended that staff be directed Adopted; Staff to clear brush fron the City parkway at the new bus Directed to Clear strop. On motion by Council Member Schafer, seconded by Brush in Parkway Council Member Wheeler, Resolution 85-22, being A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RELOCATING A BUS STOP ON SOUTHBOUND ORANGE AVENUE WITHIN THE CITY OF COSTA MESA, was adopted; and staff was directed to clear the brush from the City parkway at the new bus stop. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Prohibition of The Traffic Commission has recommended that parking be Parking on College prohibited along the easterly curb of College Avenue, Avenue beginning at Baker Street southerly for 100 feet, for installation of a right -turn lane. On motion by Council r� 1 MOTION Member -Schafer, seconded by Council Member Wheeler, Resolution 85-23 Fe solution 85-23, being A RESOLUTION OF THE CITY COUNCIL Adopted OF THE CITY OF: COSTA MESA, CALIFORNIA, PROHIBITING PARK- ING ON A PORTION OF COLLEGE AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS:, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:, Hertzog Prohibition of The Traffic Ccamnission,has-recommended that parking be Parking on Wbst prohibited on Tuesdays,. between 7:00 a.m. and 9:00 a.m., 19th Street along both curbs of West 19th Street for its length between Monrovia and Whittier Avenues, for the purpose MOTION of street sweeping. On motion.by Council Member Resolution 85-24 Schafer, seconded by Council Member Wheeler, Resolution Adopted 85-24, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON TUESDAYS BETWEEN 7:00 A.M. AND 9:00 A.M. ON A PORTION OF WEST 197H .STREET, FOR THE PURPOSE OF STREET SWEEP- ING, was adopted,by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Installation of Stop Signs at 18th/Whittier MOTION Resolution 85-25 Adopted Landscaping Assessment District No. 1/ Tracts 9901 and 12011 MOTION Resolution 85-26 Adopted Landscaping. Assessment District No. 2/ Tract 10513 MOTION Resolution 85-27 Adopted REJECTED CLAIMS The Traffic Ccxmnission has recemmended that four-way stop signs be installed on Toast 18th Street at Whittier Avenue to provide added protection for school-age pedestrians attending Whittier School. On motion by Council Member Schafer, seconded by Council Member Wheeler, Resolution 85-25, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF STOP SIGNS ON 18TH STREET AT WHITTIER AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog On motion by Council Member Schafer, seconded by Council Member Wheeler, Resolution 85-26, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE RENEWAL OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT N0.1, Tracts 9901 and 12011, located south of Sunflower Avenue and east of Smalley Road, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog On motion by Council Member Schafer, seconded .by Council Member Wheeler, Resolution 85-27, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE RENEWAL OF CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NO.2, Tract 10513, located west. of Bear Street and north of Mute 73, was was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT:.. COUNCIL MEMBERS: Hertzog Item 6 on the Consent Calendar was presented: Claims frcan: (a) Mattie Belcher, et al; (b) John Bovaird; (c) CAS Development; (d) Ralph Dohle; 190 (e) Daniel C. Freiberger; (f) Susan Hughes; (h) Pacific National Insurance Company/Care Free Conditioner; (i)'R. Watkins Coachworks. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with the manner in which the City handles claims. Vice Mayor Hornbuckle responded that the Council receives reports regarding the claims. Council Member Wheeler stated that the claim itself is not always unjustified, but the amount requested might be excessive. He also commented that there should be sone feedback to the Council and Department Heads regarding the outcome of court cases concerning the City. He felt that this would point out problem areas, in policy or personnel. The Assistant City Attorney stated that claims are reviewed by a committee consisting of three Department Heads, appointed by the Council, who consider smaller claims and most of those claims are settled. Council Member Wheeler stated that, at the present time, Council receives a litigation update twice a year on the status of cases. MOTION Council Member Wheeler made a motion requesting the Report Fequested City Attorney's staff to report on all matters that from City canplete trial or an appellate litigation phase. The Attorney motion was seconded by Council Member Hall, and carried 4-0. On motion by Council Member Hall, seconded by Council Belcher Member Wheeler, and carried 4-0, the claim from Mattie Belcher, et al, was rejected. Bovaird On motion by Council Member Hall, seconded by Council Member Wheeler, and carried 4-0, the claim from John Bovaird was rejected. CAS Development On motion by Council Member Hall, seconded by Council Member Wheeler, and carried 4-0, the claim frau CAS Development was rejected. Dohle On motion by Council Member Hall, seconded by Council Member Wheeler, and carried 4-0, the claim from Ralph Dohle was rejected. Freiberger On motion by Council Member Hall, seconded by Council Member Wheeler, and carried 4-0, the claim from Daniel C. Freiberger was rejected. Hughes On motion by Council Member Hall, seconded by Council Member Wheeler, and carried 4-0, the claim from Susan Hughes was rejected. Pacific Insurance/ On motion by Council Member Hall, seconded by Council Care Free Member Wheeler, and carried 4-0, the claim from Pacific Conditioner National Insurance Company/Care Free Conditioner was rejected. R. Watkins. On motion by Council Member Hall, seconded by Council Coachworks Member Wheeler., and carried 4-0, the claim from R. Watkins Coachworks was rejected. 1984-85 Street Item 8(d) on the Consent Calendar was presented: Maintenance Phase II/Golf 1984-85 Street Maintenance Phase II, Reconstruction Course Drive of Golf Course Drive. Bids received for this project are on file in the Clerk's office. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that it was his hope that this was a necessary project. MOTION Awarded to On motion by Council Member Hall, seconded by Council Fecit Strata Member Schafer, the contract was awarded to Fecit Strata Construction Company, 10727 Leland Avenue, Whittier, in the amount of $175,954.50. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog P OLD BUSINESS A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, and carried 3-1, Council Member Hall voting no, to hear Item No. 4 under Old Business prior to Item Nos. 1, 2, and 3. Crossing Guard The Clerk presented an appeal of the Traffic Can- 18th/Monrovia mission's denial for a crossing guard at 18th Street and Monrovia Avenue, from Connie Margitan, 780 Center Street, Costa Mesa. The Public Services Director stated that there is no warrant for a crossing guard at the above location since it is controlled by a four-way stop. This form of traffic control normally provides the necessary slowing and right-of-way for pedestrians. The Public Services Director also responded to questions from the Council.. Jon Schiesel, 1898 Parkcrest Drive, Costa Mesa, Co -president of Whittier School PTA, staged that the PTA was not appealing the Traffic Camnission's decision, but asking for what was approved at the City Council meeting of November 5, 1984. He disagreed with wording of the motion made at that Council meeting which reads as follows: "Councilwanan Schafer made a motion that the decision of the Ccomission be final so that staff can iumediately implement that decision, and that the decision of the Co nission be ratified by Council at a future Council mee ting." Mr. Schiesel canmented that the word "anmission" should have been "Council", and it was improperly quoted. Council Member Hall responded that the wording "the decision of the Comanission would be final" was the correct wording. He stated that the reason this was done is because normally after the Traffic Cmnission takes action, the item must cane back to Council to be finalized. The above motion was made to expedite the matter in that when the Ccmmission made their decision it would be final. Council Member Hall canmented that the word "Camnission" was properly used in the motion. Mr. Schiesel did not agree with Council Member Hall's explanation of the motion. Council Member Wheeler asked if the PTA would be willing to meet the City halfway with expenses and/or manpower. Mr. Schiesel again voiced disagreement. The Public Services Director recalled that at the Council meeting of November 5, 1984, the Council authorized the crossing guard program, the placement of temporary crossing guards, and also authorized the Traffic Camnission, subject to warrants, to place cross- ing guards. He stated that when the warrants were worked up, Placentia Avenue and 18th Street warranted the guard, and one was placed. The intersection of Monrovia Avenue and 18th Street did not warrant a guard. 192 Vice Mayor Hornbuckle asked the City Clerk if the - approved minutes of the November 5, 1984, Council met- ing were available. The City Clerk responded, yes. RECESS The Vice Mayor declared a recess at 8:00 p.m. to review the minutes, and.the meeting reconvened at 8:15 p.m. Vice Mayor Hornbuckle read frau the Council meeting minutes of the November 5, 1984 meeting: "A motion was made by Vice Mayor Johnson, seconded by Councilwoman Schafer, and carried 5-0, directing staff to work with the Whittier PTA in establishing a guard progran for the aforementioned intersections, with training and uniforms to be provided by the City. "During discussion, the City Manager pointed out that staff has emphasized the volunteer program; however, the PTA has problems with recruitment. He also mentioned that when persons are trained by the City for crossing guard duties, liability rests with the city, not the guards. "Since this matter is scheduled to be discussed and acted upon at the Traffic Commission meeting of November 7, 1984, Councilwoman Schafer made a motion that the decision of the Commission be final so that staff can.immediately implement that decision, and that the decision of the Commission be ratified by Council at a future Council meeting. The motion was seconded by Vice Mayor Johnson, and carried 5-0." The Vice Mayor also read from the Council meeting minutes of December 3, 1984: "The Traffic ComLnission has recommended the place- ment of crossing guards at 18th Street and Placentia Avenue. The Commission found that special conditions exist and concluded that a crossing guard would sub- stantially enhance traffic safety. on motion by Council Member Schafer, seconded by Council Member Wheeler, and carried 5-0, the placement of crossing guards was approved." Vice Mayor Hornbuckle stated that at the above meeting nothing was mentioned regarding the 18th Street and Monrovia Avenue location. Mr. Schiesel stated that the PTA agreed to work with the City to recruit people because the City had a diffi- cult time recruiting employees for the guard program. He also commented that the program was supposed to be implemented immediately. . Council Member Hall commented that the crossing did not meet warrants and that the City would work with the PTA to establish a volunteer crossing guard program. He also suggested that, if necessary, Council could request a verbatim transcript of the November 5, 1984, City Council meeting and continue this item for two weeks. Council Member Schafer stated that the motion clearly states "intersections", and Council should abide by the minutes. Mr. Schiesel asked,who would be immediately liable during the interim period for any accident that would occur.at the intersection. The Assistant City Attorney responded that liability would depend upon the circum- stances. 1,8 Carl Vb ster, 869 Towne Street, Costa Mesa, stated that very few cars stop at the location in question, some do not even slow down. The Public Services Director read the traffic counts frein the Traffic Cmuission minutes of March 6, 1985. .,In response to a question frau Council Member Wheeler, the City Manager reported that the money for the cross- ing guard would be made available fran the General Fund. Arlene Waster, 869 Towne Street, Costa Mesa, camnented that the video of the 18th Street and Monrovia Avenue location shown at the Traffic Commission meeting was inaccurate because it was taken after the children were in school. The motion to authorize the crossing guard carried 4-0. Satellite Antennas On motion by Council Member Hall, seconded by Council Member Schafer, Ordinance 85-6, being AN ORDINANCE OF MOTION THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 85-6 CONCERNING THE LOCATION AND TREATMENT OF SATELLITE EARTH Adopted STATION ANTENNAS,.was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: Hertzog Building Height On motion by Council Member Hall, seconded by Council Limits in R1 and Member Schafer, Ordinance 85-7, being AN ORDINANCE OF CL Zones THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING BUILDING HEIGHT LIMITS IN THE R1 (SINGLE - MOTION FAMILY RESIDENTIAL) AND CL (COMMERCIAL LIMITED) ZONES, Ordinance 85-7 AND AN EXCEPTION FROM BUILDING HEIGHT LIMITS FOR CERTAIN Adopted . ANTENNAS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MF114BERS: None ABSENT: COUNCIL MEMBERS: Hertzog Business.Tax On motion by Council Member Hall, seconded by Council Regulations Member Schafer, Ordinance 85-8, beim AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ADOPTING REVISED BUSINESS TAX REGULATIONS, was given Ordinance 85-8 second reading and adopted by the following roll call Adopted vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Connie Margitan, 780 Center Street, Costa Mesa, Chairman of the Whittier School Traffic Commission, requested that the Council approve the crossing guard at the 18th Street and Monrovia Avenue location because she felt that the guard was necessary for the safety of the children. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the City should provide the crossing guard. MOTION Council Member Hall made a motion to implement a school Crossing Guard crossing guard -at 18th Street and Monrovia Avenue. The Approved for motion was seconded by Council Member Schafer. 18th/Monrovia Council Member Wheeler asked for the pedestrian and vehicle counts for the locations of 18th Street and Placentia Avenue and 18th Street and Monrovia Avenue. The Public Services Director read the traffic counts frein the Traffic Cmuission minutes of March 6, 1985. .,In response to a question frau Council Member Wheeler, the City Manager reported that the money for the cross- ing guard would be made available fran the General Fund. Arlene Waster, 869 Towne Street, Costa Mesa, camnented that the video of the 18th Street and Monrovia Avenue location shown at the Traffic Commission meeting was inaccurate because it was taken after the children were in school. The motion to authorize the crossing guard carried 4-0. Satellite Antennas On motion by Council Member Hall, seconded by Council Member Schafer, Ordinance 85-6, being AN ORDINANCE OF MOTION THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 85-6 CONCERNING THE LOCATION AND TREATMENT OF SATELLITE EARTH Adopted STATION ANTENNAS,.was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: Hertzog Building Height On motion by Council Member Hall, seconded by Council Limits in R1 and Member Schafer, Ordinance 85-7, being AN ORDINANCE OF CL Zones THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING BUILDING HEIGHT LIMITS IN THE R1 (SINGLE - MOTION FAMILY RESIDENTIAL) AND CL (COMMERCIAL LIMITED) ZONES, Ordinance 85-7 AND AN EXCEPTION FROM BUILDING HEIGHT LIMITS FOR CERTAIN Adopted . ANTENNAS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MF114BERS: None ABSENT: COUNCIL MEMBERS: Hertzog Business.Tax On motion by Council Member Hall, seconded by Council Regulations Member Schafer, Ordinance 85-8, beim AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ADOPTING REVISED BUSINESS TAX REGULATIONS, was given Ordinance 85-8 second reading and adopted by the following roll call Adopted vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog 1911 Sign Ordinance The Clerk presented a request from the Planning Ccxn- Revision mission to reconsider Council's decision on the Sign Ordinance revision. The Planning Commission recoxunended that staff be directed to evaluate the addition of a Sign Code provision that would limit logo height. Staff was not in support of this reccaaumendation, as they encourage use of logos as a means of reducing sign clutter. MOTION Council Member Hall made a motion to retain the current Retain Current Sign Ordinance. The motion was seconded by Council Sign Ordinance Member Schafer, and carried 4-0. On motion by Council Member Hall, seconded by Council The Planning Commission recommended approval of either "Greenbrook Avenue" or "Riverville Road". The Development Services Director commented that the controversy was where the name "Riverville Road" would be used, and after recent discussion with Mr. Kawamura it was decided that the entrance road to the project, which is a private road, would be named "Riverville road". Council Member Hall stated that the residents of the area preferred the name change of Pansy Lane to "Green - brook Drive" rather than "Greenbrook Avenue", and suggested that the name "Greenbrook Drive" be adopted. MOTION On motion by Council Member Hall, seconded by Council Resolution 85-28 Member Schafer, resolution 85-28, beim A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE NAME OF PANSY LANE TO GREENBROOK DRIVE, was adopted by the following roll call vote: Member Wheeler, Warrant Resolution 1281, including MOTION Payroll 8506, was approved by the following roll call Warrant 1281 vote: Approved AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog MOTION On motion by Council Member Hall, seconded by Council Warrant 1282 Member Wheeler, Warrant Resolution 1282 was approved Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog NEW BUSINESS The Clerk presented the street name change requested by David L. Ball,Arnel Development Company, 505 North Street Name Tustin Avenue, Santa Ana, for pennission to change the Change - Pansy name of Pansy Lane, between South Coast Drive and Lane to Green- Dahlia Avenue, to Greenbrook Avenue. brook Drive The Development Services Director stated that the initial request to rename the street to "Riverville Road" was revised after discussions with homeowners in the adjacent Greenbrook single-family tract. The reason for the request is to provide a name which is more compatible with the office -oriented development which will border the street. He stated that Mr. Kawamura, owner of property being leased to Arnel, indicated that "rivery ille" is a generalized English translation of his family name and requested recon- sideration of the name. The Planning Commission recommended approval of either "Greenbrook Avenue" or "Riverville Road". The Development Services Director commented that the controversy was where the name "Riverville Road" would be used, and after recent discussion with Mr. Kawamura it was decided that the entrance road to the project, which is a private road, would be named "Riverville road". Council Member Hall stated that the residents of the area preferred the name change of Pansy Lane to "Green - brook Drive" rather than "Greenbrook Avenue", and suggested that the name "Greenbrook Drive" be adopted. MOTION On motion by Council Member Hall, seconded by Council Resolution 85-28 Member Schafer, resolution 85-28, beim A RESOLUTION Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, CHANGING THE NAME OF PANSY LANE TO GREENBROOK DRIVE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, feeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog COUNCILMANIC COMMENTS Council Member Tnhieeler expressed his appreciation to the members of the Traffic Ccamission, and stated that Traffic the fact that Council has overturned their decision is Commissioners not a refutation of the fine job they have done. Marina Council Member Hall reported on the California Marine Affairs and Navigation Conference, a California organi- zation that represents waterway projects, which he attended in Washington D.C. He cammented that he, as a member of the group, testified before the House Sub-ccammittee on Energy and Water. He also stated that the City offered to fund the study and the marina project was received extremely well. Washington, D.C. Vice Mayor Hornbuckle suggested sending a smaller Conference delegation to the Vbshing ton, D.C. Conference every year instead of every two years. AaJOURNMENT At 9:10 p.m., the Vice Mayor adjourned the meeting to a closed session at 4:00 p.m., on April 15, 1985, in the fifth floor Conference Than of City Hall for the purpose of discussing personnel matters. - = _ ATTEST: NO N�-< . the Ci ty.�.� Clerk of the City of Costa sa 195