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HomeMy WebLinkAbout12/15/1986 - City Council312 ROLL CALL REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 15, 1986 The City Council of the City of Costa Mesa, California, met in regular session December 15, 1986, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by The Reverend Charles D. Clark, First United Methodist Church. Council Members Present: Council Members Absent: Officials Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion by Council Member Wheeler, seconded by Vice December 1, 1986 Mayor Anburgey, and carried 5-0, the minutes of the regular meeting of December 1, 1986, were approved as distributed. PRESENTATION Jim Kennedy, representative frau Southern California Edison Campany Edison Canpany, presented the Mayor with a framed docu- ment on the occasion of the Edison Company's Centennial Anniversary. The document extends appreciation to the City of Costa Mesa for being a valued and significant part of Edison's history. ORDINANCES A motion was made by Council Member Hornbuckle, seconded by Council Member Wheeler,. and carried 5-0, to read all ordinances by title only. ORAL Karen J. Holsclaw, 18970 Dakota Street, Fountain Valley, COMMUNICATIONS President of the Fountain Valley Jaycees, spoke about .the many ccomunity activities sponsored by that organi- Jaycees --zatioft. She reported that the Jaycees are interested in organizing a Costa Mesa Chapter, and asked that each Council Member submit five or six names of citizens who may be interested in starting a Jaycee Chapter. Council Member Hornbuckle suggested submitting the names of the members on the Youth Advisory Committee. ZE-83-111 Jim Navai, 1857 Parkview Circle, Costa Mesa, spoke about Barto Oil a Conditional Use Permit approved for Barto Oil in 1983. On August 8, 1983, the Planning Commission considered a Conditional Use Permit for .Barto Oil (ZE-83-111). Mr. Navai reported that the Planning staff recommended a Condition of Approval whereby Barto would provide a 25 - foot landscaped buffer along the northerly boundary of the Barto property. The Planning Commission amended that condition to read: "A 25 -foot clear area, free from weeds, shall be provided along the northerly bound- ary of subject property. Additionally, landscaping shall be provided along the southerly boundary of sub- ject property". Mr. Navai contended that the homeowners were not notified of the meeting nor that the condition of approval concerning the buffer area was amended. He requested an investigation by the Council. 1 Mayor Hall directed the Development Services Director to submit a report concerning the aforementioned proceed- ings. Council Member Wheeler asked that the Director also investigate whether or not the haneowners were notified of that meeting. Costa Mesa Mildred Kniss, resident of Costa Mesa Mobile Estates, Mobile Estates 327 West Wilson Street, referred to the Development Services Director's memorandum of December 15, 1986, which indicates that the owner- of the mobile home park must submit a corrected parking plan in specific compli- ance with Condition of Approval No. 1 for Planning Action PA -86-167. She stated that although she is pleased with that outcome, the Planning Commission did not address the issue of a plot plan for the property. Mayor Hall responded that in accordance with the afore- mentioned memorandum, the site plan submitted by the property owner for Planning Action PA -86-167 is the "approved City plan". Traffic on West Sid Soffer, 900 Arbor Street, Costa Mesa, reported on 19th Street the high volume of traffic he observed one day at 3:40 p.m. on West 19th Street between Whittier and Placentia Avenues. He asked if the traffic signal could be readjusted to alleviate that situation. Soffer Appeal Sid Soffer referred to his appeal of the land dedica- of PA -86-165 tion requirement for Planning Action PA -86-165. He agreed with the legal opinion that he was not an "affected person"; however, Mr. Soffer contended that he had the right to sue in a court of law. CONSENT CALENDAR The following items concerning parking prohibition for street sweeping were removed from the Consent Calendar: Item 12(a), Elm Avenue; Item 12(b), Ponderosa Street; Item 12(c), Hickory Place; Item 12(d), Lemon Street; Item 12(e), Ponderosa Street; Item 12(f), Elm Avenue; Item 12(g), Royal Palm Drive; Item 12(j), Maple Street; and 12(k) Monte Vista Avenue, Monaco Terrace, Riviera Drive, and Rue De Cannes. On motion by Council Member Hornbuckle, seconded -by Council Member Wheeler, the remaining Consent Calendar items were approved in one motion -by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS A letter was received from the Orange County Vector Control District, 13001 Garden Grove Boulevard, Garden Vector Control Grove, requesting Council to appoint a representative District Board to the District's Board of Trustees for a two-year tern ending December 31, 1988. On motion by Council Member MOTION Hornbuckle, seconded by Council Member Wheeler, and Bandaruk carried 5-0, William Bandaruk was reappointed for a Reappointed two-year term. READING FOLDER On motion by Council Member Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Michael F. Beam; Bernard Gonzales; Century National Insurance/Charles Grover; and Attorney Milton C. Grimes/Charles Grover. Alcoholic Beverage Alcoholic Beverage License applications for which Licenses parking has been approved by the Planning staff: Costa Mesa Golf Course Monrovia Avenue Closure REJECTED CLAIM Jensen AEMINISTRATIVE ACTIONS Agreement with Sierra Pacific Air Conditioning Design for Golf and Country Club MOTION Agreement Approved Purchase of Medical Sery ices from Bristol Park Medical Group MOTION Purchase Approved Al Dente, Incorporated, doing business as Gianni, 3333 Bear Street, Suite 118; Gilbert E. Budhu, doing business as Vista Drug, 821 West 19th Street; Cucina, Incorporated, doing business as Pinafino, 580 Anton Boulevard, Suite 201; and Circle K Convenience Stores, Incorporated, doing business at 3135 Harbor Boulevard and at 2271 Fairview Road, Suite A. Letter from Rod Sackett, 2308 La Linda Place, Newport Beach, dated December 1, 1986, concerning availability of the Costa Mesa Golf Course on weekends. Letter from Dorothy M. Clinch, 2039 President Place, Costa Mesa, suggesting that Monrovia Avenue be closed at 19th Street, giving residents two accesses to 19th Street. On motion by Council Member Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Gary F. Jensen was rejected. The Leisure Services Director recommended approval of an agreement with Sierra Pacific Technical Services, Incor- porated, 25251 Paseo de Alicia, Suite 101, Laguna Hills. The agreement stipulates payment of $10,250.00 by the City for design of a new air conditioning system at the Costa Mesa Golf and Country Club. On motion by Council Member Hornbuckle, seconded by Council Member 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: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Purchasing Agent requested authorization to purchase medical services from Bristol Park Medical Group, 722 Baker Street, Costa Mesa. The services required are 150 medical examinations at $46.50 each, for a total esti- mated cost of $6,975.00. On motion by Council Member Hornbuckle, seconded by Council Member Wheeler, the pur- chase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle, seconded by 87-49/Wall at Council Member Wheeler, Budget Adjustment 87-49 for Brentwood Park $5,000.00, to enclose the wall opening at Brentwood Park, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Adjustment Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Arterial Highway On motion by Council Member Hornbuckle, seconded by Financing Program Council Member Wheeler, Resolution 86-127, being A RESO- for 1987-88 LUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, 19th Street CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE 1987-88 ARTERIAL HIGHWAY FINANCING PROGRAM MOTION THE IMPROVEMENT OF WEST 19TH STREET, was adopted by the Resolution 86-127 following roll call vote: Adopted AYES: COUNCIL MEMBERS:, Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None -I IL Arterial Highway On motion by Council Member Hornbuckle', seconded by Financing Program Council Member Wheeler, Resolution 86-128, being A for 1987-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Del Mar Avenue MESA, CALIFORNIA', REQUESTING THE COUNTY OF ORANGE TO at 19th/Anaheim; INCLUDE WITHIN THE 1987-88 ARTERIAL HIGHWAY FINANCING MOTION PROGRAM THE IMPROVEMENT OF DEL MAR AVENUE, was adopted Resolution 86-128 by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa MOTION NOES: COUNCIL MEMBERS: None Work Accepted ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Leisure Services recanmended approval of Van Dell an agreement with Van Dell and Associates, Incorporated, 17801 Cartwright Road, Irvine, for $68,500.00, to pre - Fairview Park pare the Fairview Park Master Plan and construction Master Plan and drawings for Phase I. On motion by Council Member Drawings for Hornbuckle, seconded by Council Member Wheeler, the Phase I agreement was approved, and the Mayor and Clerk were authorized to sign -on behalf of the City. The motion MOTION carried by the following roll call vote: Agreement AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders 2 The Director of Public Services recommended approval and 3 of Change Orders 2 and 3, for $4,700.20 and $7,019.67, B-1 Enterprise respectively, to the contract with B-1 Enterprise Corporation, Post Office Box 714, Rancho Cucamonga, Wheelchair Ramps for additional work in connection with Construction of Wheelchair Ramps at Various Locations. On motion by MOTION Council Member Hornbuckle, seconded by Council Member Change Orders Wheeler, the change orders were approved by the follow - Approved ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Improvements for Tract 11762, located at Town Center Improvements for Drive, Block C, have been completed to the satisfaction Tract 11762 of the Director of Public Services by South Coast Plaza, South Coast Plaza 3315 Fairview Road, Costa Mesa. On motion by Council Member Hornbuckle, seconded by Council Member Wheeler, MOTION the work was accepted and the bonds were ordered exoner- Work Accepted ated by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Canpletion Traffic Signal Installation on West 19th Street and DBX, Incorporated Anaheim Avenue; Modifications on Adams Avenue and Albatross Drive/Shantar Drive, and on Placentia Avenue Traffic Signals at Estancia High School, South Entrance, have been at 19th/Anaheim; completed to the satisfaction of the Director of Public Modifications on Services by DBX, Incorporated, 42066 Avenida Alvarado, Adams and on Suite C, Temecula. On motion by Council Member Placentia Hornbuckle, seconded by Council Member Wheeler, the work was accepted; the Clerk was authorized to file a Notice MOTION of Canpletion; authorization was given to release reten- Work Accepted tion funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months there- after. -The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Reinstate Parking The Traffic Commission recommended reinstating parking on Pomona Avenue along the westerly curb of Pomona Avenue from Hamilton Street to Knowell Place. On motion by Council Member MOTION Hornbuckle, seconded by Council Member Wheeler, Resolu- Resolution 86-129 tion 86-129, being A RESOLUTION OF THE CITY COUNCIL OF Adopted THE CITY OF COSTA MESA, CALIFORNIA, REINSTATING PARKING ON A PORTION OF POMONA AVENUE, was adopted by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Prohibition of The Traffic Ccmnnission recommended parking prohibition Parking on Orange along the westerly curb of Orange Avenue for 245 feet Avenue north of Rochester Street to improve sight distance. On motion by Council Member Hornbuckle, seconded by MOTION Council Member Wheeler, Resolution 86-130, being A Resolution 86-130 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF ORANGE AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request to Close On motion by Council Member Hornbuckle, seconded by Anton Boulevard Council Member Wheeler, and carried 5-0, a request frcxm the Orange County Alliance for Survival to close MOTION/Denied Anton Boulevard during the WINCON Conference was denied. Prohibition of Items 12(a) through 12(g) and Items 12(j) and 12(k) on Parking for the Consent Calendar were presented: Prohibition of Street Sweeping parking for street sweeping at the following locations: Elm Avenue between Lemon Street and Harbor Boulevard; Ponderosa Street between Lemon Street and Harbor Boulevard; Hickory Place for its entire length; Lemon Street for its entire length; Ponderosa Street between Royal Palm Drive and Lemon Street; Elm Avenue between Royal Palm Drive and Lemon Street; Royal Palm Drive between Ponderosa Street and Elm Avenue; Maple Street between 19th and Hamilton Streets; and Monte Vista Avenue, Monaco Terrace, Riviera Drive, and Rue De Cannes. MOTION A motion was made by Council Member Wheeler, seconded Referred to Study by Council Member Hornbuckle, and carried 5-0, referring Session these items to the next available Study Session to dis- cuss the present policy on street sweeping, and direct- ing the Traffic Ccxmmission to delay action on future street sweeping requests until after Council has made a decision on that policy. OLD BUSINESS On motion by Council Member Wheeler, seconded by Council Limitations for Member Buffa, Ordinance 86-24, being AN ORDINANCE OF THE Redevelopment Plan CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING CERTAIN LIMITATIONS FOR THE REDEVELOPMENT 1 PLAN FOR THE COSTA MESA DOWNTOWN REDEVELOPMENT PROJECT AS REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION MOTION 33333.4, was given second reading and adopted by the Ordinance 86-24 following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Adopting 1985 On motion by Council Member Buffa, seconded by Council Uniform Fire Code Member Wheeler, Ordinance 86-25, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ADOPTING THE MOTION UNIFORM FIRE CODE FOR 1985, MAKING CERTAIN AMENDMENTS Ordinance 86-25 THERETO, AND REPEALING CHAPTER II, FIRE PREVENTION, was Adopted given second reading and adopted by the following roll. call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Report from Day The Mayor presented the Day Workers Task Force report. Workers Task Force Council Member Hornbuckle reported that she served as Council representative to the committee, and as such, was not a voting member. She referred to the Task Force memorandum of October 9, 1986, which provides the back- ground of why the Task Force was created by the Council, and the recommendations of that committee.. On July 21, 1986, the Council made 12 appointments to the Day Workers Task Force. The objectives of the Task Force were to identify problems associated with day workers congregating at Lions Park and on Placentia Avenue. After those problems were identified, the Task Force discussed items the City could properly address and made their recc mnendations. Council Member Horn - buckle pointed out that there were opposing viewpoints on the,Task Force, and they attempted to separate the day workers issue from the illegal alien issue. The Task Force recommendations are as follows: Provide foot patrol officers in the area to establish communication and to institute rigorous law enforce- ment. (approved unanimously) Promote cultural awareness: Disseminate information about City ordinances via Spanish media. Utilize City newsletter to distribute information. Use churches and social organizations as tools to encourage communication between the community and the workers. Investigate use of video tapes to educate workers. .(approved unanimously) Move workers to a more desirable location. (approved unanimously) Use Orange County Human Relations Commission to inter- face with workers and area residents. (approved 8-1) Work,through nonprofit agencies to hire two or three people to organize a "hiring hall" situation as to physical boundaries and time limits pertaining to workers. (approved 7-2) Sid Soffer, 900 Arbor Street, Costa Mesa, member of the Task Force, asserted that the press continues to write about the illegal alien aspect. He contended that at no time did the camnittee consider illegals or national origin, only day workers. Patrick Dolan, 923 West 20th Street, Costa Mesa, member of the Task Force, reported that four members of the committee did not endorse the official report. One member did not endorse either the official report nor the unofficial report which he and three other members submitted. Mr. Dolan stated that in the unofficial report, the four Task Force members concluded that the source of the problem is the illegals, and felt it was their duty to honestly face the problem with the inten- tion of being good citizens. MOTION Since the five-minute time limitation had expired, a Time Extended motion was made by Council Member Wheeler, seconded by Council Member Hornbuckle, to extend Mr. Dolan's time for an additional three minutes. The motion carried 3-2, Council Members Hall and Amburgey voting no. Mr. Dolan contended that the law is being violated in three ways: the workers are here illegally; it is against the law for them to accept employment; and it is against the law to hire them. He stated that his main point is: how can the City be involved in aiding, abetting, facilitating, and promoting violation of Federal Latif? Council Member Hornbuckle commented that there were certain errors in Mr. Dolan's statements: All but two Task Force recommendations were approved unanimously, including approval by three members who signed the unofficial report; and one endorser of the unofficial report attended only one Task Force meeting. - Ava Readdy, 665 Park Drive, Apartment 42, Costa Mesa, member of the Day Workers Task Force, reported that she attended only one meeting because of complications during late pregnancy. Mrs. Readdy mentioned that she and her family now live in the west side area where the day worker problems exist; however, they soon will be moving to the southeast section of the City so they will not be affected by this situation. Mrs. Readdy was of the opinion that no matter what name the City has chosen, these people are not just day workers, they are illegals. She asked that the City address the problem for what it is and to resolve it. Mark Korando, 582 Park Drive, Costa Mesa, referred to the Task Force recommendation, "Move workers to a more desirable location". He commented that at first the workers congregated in the commercial district, now they meet in the residential area. He asked where the City intended to move them in the future. Mr. Korando then addressed the recommendation to organize a "hiring hall" situation. He opposed the idea of using City funds for a project that should be a State function. Sid Soffer commented that the City has no legal right to physically move the laborers, and can only ask them to move. Jan Luymes, 592 Park Drive, Costa Mesa, stated that the area where day laborers meet has grown and they now congregate between Park Drive and Anaheim Avenue. She reported that she lives approximately 100 yards frau L Lions Park and that her home was burglarized on Novem- ber 24, 1986. She commended police personnel who took the report and was advised by them that there is a major heroin problem at the park. Ms. Luymes com- mented that there are groups of people (including Anglos) loitering all day, and it should not be per- mitted. She contended that there is a major health problem at Lions Park, a misuse of the park bathroom facilities, and the park is not a suitable place for families to visit. She urged the -Council to face the problem and solve it. Mayor Hall responded that the Council is attempting to solve the problem and should know in a few months if they have been successful.. John Feeney, 1154 Dorset Lane, Costa Mesa, referred to a comment made at one time by Council Member Buffa indicating that thEi" legal immigrants should be helped and the illegal aliens sent hcme. He mentioned that the message from the press is that the City condones illegal immigration. Mayor Hall declared that the City does not condone illegal activities. Mr. Feeney responded that when the City officially belittles the efforts of the INS (Immigration and Naturalization Service), he gets the impression that the City does condone illegal activities. He suggested that the City go on record as being in favor of proper enforcement of our immigration laws and cooperate with Federal officials. Ron Gross, 1910 Whittier Avenue, Costa Mesa, contended the the day workers have caused more than one or two families to move from the west side residential commun- ity. He ccamented that health problems also exist in that he has seen 20 mattresses on a garage floor. Mr. Gross recommended that the City take positive action and support the INS. Doug Yates, 274 Cecil Place, Costa Mesa, reported that the day worker problem exists on the east side also. Council Member Buffa commended the Task Force for their efforts. He expressed his opinion that it is not impossible to close the Country's southern border, that it has been kept open by the agricultural lobbyists so that they can utilize cheap labor. He suggested that those people who spoke this evening contact their representatives in Washington regarding the problem. Council Member Buffa asserted that the Federal Govern- ment is not doing its job and as a result, the City is caught in the middle. Vice Mayor Anburgey stated that he does not condone illegal activities, and since his business is near Lions Park, he would be happy to work on this project. Council Member Wheeler expressed his opinion that the problem is not getting worse, but better. He based his opinion on the fact that rents are so high in Costa Mesa, low inccame people cannot afford to live here and are moving to other cities, such as Santa Ana. Council Member Wheeler stated that a recent survey indicates that 15 percent of people in the County, as opposed to 5 percent last year, believe that illegal immigration is the most important problem facing the County. It was his opinion that the higher percentage is a direct result of the hysteria that has been whipped up by the INS with its well publicized raids. He wanted to assure the people that the crime which occurs in this City is not because of so-called illegal aliens or day workers, in fact, statistics show that the same propor- tion of crimes are committed by people of Spanish origin as there are in proportion to the population, about 15 percent. Council Member Wheeler believed that people should reject the suggestion that these people are creating a crime problem, and that the Hispanics are more often victimized than other members of the ccmmun- ity because of their hesitancy to report the crimes against them. Council Member Wheeler thanked the Task Force members for their input. Mayor Hall expressed his appreciation to Council Member Hornbuckle and the Task Force. MOTION On motion by Council Member Hornbuckle, seconded by Task Force Council Member Wheeler, and carried 5-0, the Day Workers Report Accepted Task Force Report was accepted, and Council Members Amburgey and Hornbuckle were appointed to work with staff to implement some of the Task Force reccmenda- t ions . Senior Citizens The Mayor presented the proposed incorporation documents Nonprofit for the Senior Citizens Nonprofit Corporation. Corporation The City Manager referred to the City Attorney's memorandum dated December 10, 1986, which included the proposed incorporation documents. The City Attorney stated that he had no further comments and asked for suggestions from the Council. Council Member Hornbuckle made the following recommenda- tions concerning the Bylaws: Page 1, Section 1.02, fifth line, delete, "construct- ing, owning", and in its stead insert, "designing". Page 2, Section 3.02: Council Member Hornbuckle asked for further discussion concerning Council appointing and removing Directors of the Board. She questioned the need for Council to be permanently charged with this function. She suggested that after the original Board is appointed by Council, those members should form a nominating committee for appointing and remov- ing members. She also expressed the desire to have at least one, and possibly two Council Members serve on the Board of Directors. Page 3, Section 3.05: Instead of a Secretary/ Treasurer, separate these functions into two offices. Council Member Wheeler agreed with Council Member Hornbuckle's suggestions and added that he would prefer having two Council Members serve on the Board of Directors. Gordon Dean, Chairman of the Senior Citizens Committee, was under the impression that the Senior Citizens Committee would select the Board of Directors and Council would then confirm those selections. Council Member Hornbuckle clarified her recommendation: The Senior Citizens Committee would recommend persons to serve on the Board, and final selection would be made by the Council. Alvin Pinkley, 1823 Fullerton Avenue, Costa Mesa, member of the Senior Citizens Committee, recoam ended that Gordon Dean, former Mayor Norma Hertzog, and Council Member Hornbuckle be appointed to the Board of Directors, subject to Council approval. Council Member Hornbuckle agreed with the suggestion contained in Gordon Dean's letter dated November 26, 1986, that is, that the name be changed to "Senior Citizens Multi-purpose Center" because in order to be eligible for certain grants, that designation is required. Michael Nutter, 3469 Plumeria Place, Costa Mesa, recommended that Section 3.05 of the Bylaws be changed to state that the Board shall hold regular meetings at least quarterly. Council Members Hornbuckle and Wheeler were in agreement with this suggestion. Mayor Hall requested that the decision as to whether one or two Council Members will sit on the Board be delayed for the present time. MOTION A motion was made by Council Member Hornbuckle, seconded Revisions to be by Council Member Wheeler, directing the City Attorney Submitted to submit revised documents at the Council meeting of January 5, 1987 January 5, 1987. The motion carried 5-0. WARRANTS On motion by Council Member Wheeler; seconded by Council Member Buffa, Warrant Resolution 1343, including Payroll MOTION 8624, was approved by the following roll call vote: Warrant 1343 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Brody Lawsuit The City Attorney referred to his confidential memoran- dum of December 15, 1986, in which he requested settle- ment authority in the case of Brody vs. City of Costa Mesa. MOTION On motion by Council Member Wheeler, seconded by Council Authorized Member Hornbuckle, the City Attorney was granted authority Settlement to enter into settlement negotiations as outlined in his Negotiations memorandum. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented a proposal from Thcanas Birch, REPORT 533 Sturgeon Drive, Costa Mesa, to construct a sports ccmplex at TeWinkle Park. The City Manager summarized Sports Complex a memorandum from the Leisure Services Director dated at TeWinkle Park December 11, 1986. The Birch proposal is to add 14 tennis courts, including a center court with bleachers, a new gymnasium, banquet facilities, racquetball courts, and lighted basketball courts at TeWinkle Park. The Leisure Services Director recaTmended denial of the proposal for the following reasons: (1) The majority of the proposed facilities are now available in the City"and not used to capacity. (2) TeWinkle Park, located in a residential neighbor- hood, is not the proper location for a project of this magnitude. (3) If the City were to sell municipal bonds to develop facilities, it should finance the devel- opment of Fairview Park which would be available to the total citizenry. (4) Traffic, a major City concern, would be concen- trated in a small residential area. Thomas Birch reported that he had spent 1-1/2 years developing his sports complex proposal and felt that the City may have some erroneous information. He com- mented that the City does not have adequate facilities to hold tennis or basketball tournaments. Mr. Birch contended that Costa Mesa does not have the necessary facilities for a city of 88,000 residents. Mayor Hall responded that the City is not opposed to improving the types of facilities mentioned in Mr. Birch's proposal; however, TeWinkle Park is not an appropriate location. Ken Barmeister, 2530 Fordham Drive, Costa Mesa, stated that there is not enough for young people to do in the City, and supported the proposal submitted by Thomas Birch. Council Member Buffa commended Mr. Birch for his efforts. MOTION A motion was made by Vice Mayor Amburgey, seconded by Proposal Council Member Wheeler, and carried 5-0, rejecting the Rejected proposal for a sports complex at TeWinkle Park. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of PA -86-213 set for the public hearing to consider an appeal of Gellman/Gaynor the Planning Commission's denial of Planning Action PA -86-213 from Mitchell F. Gellman, 711 West 17th Street, Costa Mesa, authorized agent for Diane Gaynor, 20 Whitewater Drive, Corona del Mar, for a Conditional Use Permit for an executive search firm in an existing industrial building located at 711 West 17th Street in an MG zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication was received from the authorized agent requesting that this item be continued to the next regularly scheduled Council meeting. MOTION On motion by Council Member Buffa, seconded by Council Held Over Member Hornbuckle, and carried 5-0, the public hearing was continued to January 5, 1987. PUBLIC HEARING The Clerk announced that this was the time and place Amended 1986-87 set for the public hearing to consider the amended Community 1986-87 Conmunity.Development Block Grant Proposed Development Final Statement. The Affidavit of Publication is on Block Grant file in the Clerk's office. No communications have Statement been received. The City Manager referred to a report from staff dated December 15, 1986, which states that because of Congres- sional action, the Federal government has awarded an additional $139,000.00 in Community Development Block Grant funds to the City for fiscal year 1986-87. Funds for land acquisition for economic development could be set aside for the purchase of land for a senior citizen center or senior citizen housing; however, dispersal of the funds must be approved by the City Council. 1 Jan Luymes, 592 Park Drive, Costa Mesa, asked for clari- fication of "displacement of persons", referenced on Page 3 of the Public Notice. She feared that it may be a veiled threat of condemnation. Council Member Wheeler responded that displacement could occur during rehabilitation of homes, but these would be temporary displacements. Mayor Hall assured Ms. Luymes that there is no veiled threat of condemnation. Sid Soffer, 900 Arbor Street, Costa Mesa, objected to $123,085.00 being allocated for administration of the program. Anne Shereshevsky, 2152 Elden Avenue, Apartment.No. 1, Costa Messa, asked for the total amount of block grant funds for 1986-87. The City Manager replied that the previous total was $678,000.00, plus the additional $139,000.00. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Buffa, seconded by Additional Council Member Hornbuckle, approving the additional Funds Approved $139,000.00 in Community Development Block Grant funds for land acquisition for economic development, and authorizing the City Manager to execute all necessary documents.The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS The Clerk presented Planning Action PA -86-223, Cardinal Development Company, One Civic Plaza, Suite 290, Newport PA -86-223 Beach, authorized agent for Bristol Partners, 2699 White Bristol Partners Road, Suite 150, Irvine, for a parking variance and a Planned Development Review, for an auto and retail center containing 38,600 square feet, including a 2,200 - square -foot restaurant, located at 375 Bristol Street in a PDC zone. Environmental Determination: Negative Declaration adopted November 3, 1986, for Planning Action PA -86-166. Staff recommended continuing this item to the next regu- larly scheduled Council meeting. MOTION On motion by Council Member Hornbuckle, seconded by Held Over Council Member Wheeler, and carried 5-0, Planning Action PA -86-223 was continued to January 5, 1987. ADJOURNMENT The Mayor declared the ting adjou ed at 8 30 p.m cam, or of the Cit f Costa Mesa -ATTEST --City Clerk of_the City of Costa sa