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HomeMy WebLinkAbout03/07/1988 - City Council•414 RH3ULAR MEETING CF THE CITY ODUNCIL CITY CF ODSTA MESA MARCH 7, 1988 The City Council of the City of Costa Mesa, California, net in regular session March 7, 1988, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meting was called do order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Costa Mesa Junior Girl Scout Troop 1148, arra Invocation by Pastor Lothar V. Tornow, Christ Lutheran Church. ROLL CALL Council Members Present: Hall, Amburgey, Tpheeler, Hornbuckle, Buffa Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINLWES On motion by Council Member 6xbeeler, seconded by Council February 3, 11; Member Buffa, and carried 5-0, minutes of the special and 16, 1988 neeting of February 3, 1988, the adjourned special meet- ing of February 11, 1988, and the regular meeting of February 16, 1988, were approved as distributed. ORDIDANCES A motion was made by Council Member Buf fa, seconded by Council Member lhheeler, arra carried 5-0, to read all ordinances by title only. PRESENTATIONS Costa Mesa Police Captain Thomas Lazar presented a certificate of commendation to Costa Mesa Senior Police Police Officer Officer Philip Hartman fDr his role in identifying a Hartman Commended great cumber of burglars arra felons through the Orange County Cal -ID system ( fingerprint identification) . The certificate was a commendation fram Brad Gates, Orange County Sheriff -Coroner arra Chairman of the Local Remote Access Network (RAN) Board. Progress Report/ Marie Maples, 461 Swarthmore Lane, Costa Mesa, repre- Senior Citizens senting the Senior Citizens Cammittee, introduced Committee several members of the cammdttee who were in attendance. She then summarized a report entitled, "An Overview of the Past Year of the Costa Mesa Senior Committee". Painting Presented Carl Bureman, 447 Princeton Drive, Costa Mesa, member to City by Veterans of the Council Select Advisory Cammittee (Veterans CaYmunity Affairs) , thanked the Council for their previous assistance to the veterans community, stating that the veterans now wanted to show their appreciation by presenting the City with a painting autographed by the three living Medal of Honor recipients from this area. PROCLAMATION Mayor Hall read a proclamation declaring Mardi 6-12, Girl Scout Week 1988, as Girl Scout Week and presented the document to members of Girl Scout Trocp 1148. ODNSENT CALENDAR The following item was removed from the Consent Calerr dar: Item 10(f), Change Order "J" to the contract with Phillips Brandt Reddick, for Victoria Street Widening Environnental Impact Report No. 1033S. On motion ty Council Member Buf fa, seconded by Council Member Meeler, the remaining Consent Calendar items were approved in one motion by the following roll call vote: 1 WRITTEN COMMUNICATIONS Records Destruction for Building Safety M7TION. Resolution 88-14 Adopted READING FOLLER AYES: OOUNCIL MEMBERS: NOES: ODUNCI L MEMBERS: ABSENT: OOUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None On motion by Council Member Buffa, seconded by Council Member Wheeler, Resolution 88-14, being A RESOLUTION OF THE CITY COUNCIL CF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS LESTRUCTION FOR THE BUILDING SAFETY DIVISION, CF THE CITY OF OJSTA MESA, PURSUANT TO ORDI- NANCE NO. 75-60, was- adapted . by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None On motion by Council Member Buffa, 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: Law offices of Di Liberti & Goldsman for Alberto D. Arce; Tan Boylan; Law offices of Cohn & Pacelli for Gayle Burns; Mike Chitjian; Jose A. Covarrubias; Richard F. Ealy; Rosemarie M. Norris; Attorney Milton C. Grimes for Roderick D. Ward; and Cliff Zeppieri. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Soupor Sandwiches, doing business at 375 Bristol Street, Building A, Suite 101; Juliet Daidun, and Christine, Henry, arra Mark Garduno, doing business as Garduno's Express Cuisine, 298 East 17th Street; and Quentin J. Balkowitsrh, doing business as The Reef Bar, 820 Wast 19th Street. Public Notice from the Public Utilities Commission that Utilities Application No. 88-02-016 was filed by Southern Commission California Edison Company to increase certain rates arra billing factors; make adjustments to the energy adjustment billing factor; revise the incremental energy rate; review the reasonableness of its opera- tions fran December 1, 1986, through November 30, 1987; and review the reasonableness of its payments to qualifying facilities from December 1, 1984, through. November 30, 1987. Local Agency Notice from the Local Agency Formation Commission Formation concerning a proposed annexation to the Costa Mesa Commission Sanitary District, designated Engineer's No. 232 Annexation,.located in the general area of Bear and Baker Streets. Ordinance 88-3 Letter from a Costa Mesa resident commending Council Community for adopting Ordinance 88-3 relating to cammunity Improvement improvement. SET FOR PUBLIC On motion by Council Member Buffa, seconded by Council HEARING Member Wheeler, Resolution' 88-15, being A RESOLUTION OF THE QTY COUNCIL CF THE CITY OF QDSTA MESA, CALIFORNIA, Weed Abatement IETERMINING AND DECIARING THAT RUBBISH AND WEELH ARE A Program PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OR HIS DESIG- NEE TO REMOVE SAID RUBBISH AND IESTROY SAID WEEES AS MOTION RB)UIRED BY IAW; FIXING THE TIME FOR HEARING ALL OBJEC- Resolution 88-15 TIONS OR PROTESTS; AND DIRECTING THE ABATEMENT OF SAID Adopted; Public RUBBISH PND WEEDS, setting a public hearing on April 4, Hearing Set for 1988, at 6:30 p.m., in the Council Chambers of City April 4, 1988 Hall. The motion carried by the following roll call vote: 41-6 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wieeler, flornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Revocation of On motion by Council Member Buffa, seconded by Council Certificate - Member Wheeler, and carried 5-0, revocation of a Harry's Towing Certificate of Public Convenience and Necessity for Harry Baddon, doing business as Harry's Towing, was set for public hearing on April 4, 1988, at 6:30 p.m., in the Council Chambers of City Hall. V�,RRAN'rS On motion by Council Member Buffa, seconded by Council Member Wheeler, Vxbrrant Resolution 1386, and Warrant MOTION Resolution 1387, including Payroll 8804, viere approved Warrants Approved by the fr)liewing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, hheeler, Hornbuckle, Buffo 1987-$8 Street Bids received for 1987-88 Street Maintenance, Street Maintenance for Reconstruction on Brentwood Place, Chestnut Avenue, Brentwood Place, College Drive, El Camino Drive, Hickory Place, Mendoza Chestnut Avenue, Drive, Monte Vista Avenue, and Susannah Place, are on et al file in the Clerk's office. On motion by Council Member NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion ty Council Member Buffa, seconded by Council Godarzi Member Vheeler, and carried 5-0, the claim from the law offices of Di Liberti ars] Goldsman for Hassan Codarzi was rejected. Humiston On motion try Council Member Buffa,-seconded by Council -- Member Vheeler, and carried 5-0, the claim from Attorney Kenneth L. Knapp for Shirley Humiston was rejected. ADMINISTRATIVE ACTIONS One bid received for Bid Item No. 799, Plaster the Council Chambers Ceiling, is on file in the Clerk's Bid Item No. 799 office. On motion by Council Member Buffa, seconded by Plaster Council-' Council Member Meeler, the contract was awarded to Chanbers Ceiling Ultimo Construction Canpany, 24421 Barbados Drive, Dana Point, for $9,700.00. The motion carried by the follow - MOTION ' i n3 roll call vote Awarded to Ultimo AYES: COUNCIL MEMBERS: Hall, Amburgey, Hheeler, Construction Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item No. 800 Bids received for Bid Item No. 800, Tapes, Recording, Tapes, Recording, Audio, are on file in the Clerk's off ice . On mot ion Audio by Council Member Buffa, seconded by Council Member Wheeler, the contract was awarded to Bornstein Company, MOTION 22616 Victory Boulevard, Vbodland Hills, for $11,382.56. Avarded to The motion carried by the following roll call vote: Bornstein Company AYES: COUNCIL MEMBERS: Hall, Amburgey, Meeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item No. 802 Bids received for Bid Item No. 802, Epoxy Coating for Coating for the Kitchen Floor at the Golf Course Clubhouse, are on .Epoxy Kitchen Floor at file in the Clerk's office. On motion by Council Member Golf Course Buffa, seconded by Council Member Wheeler, the contract Clubhouse was awarded to Cestan Stone, Incorporated, 12851 Western Avenue, Suite F, Garden Grove, for $18,225.00. The MOTION motion carried by the following roll call vote: Awarded to AYES: COUNCIL MEMBERS: Hall, Amburgey, Meeler, Custom Stone Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1987-$8 Street Bids received for 1987-88 Street Maintenance, Street Maintenance for Reconstruction on Brentwood Place, Chestnut Avenue, Brentwood Place, College Drive, El Camino Drive, Hickory Place, Mendoza Chestnut Avenue, Drive, Monte Vista Avenue, and Susannah Place, are on et al file in the Clerk's office. On motion by Council Member Buffa; seconded by Council Member Wheeler, the contract MMON was awarded to Sully -Miller Contracting Company, Post Awarded to Office Box 432, Orange, for $441,191.55. The motion Sully -Miller carried by the iiol lowi ng roll call vote: AYES: COUNCIL MEMBERS: Hall, Arburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABS ENT : COUNCIL MEMBERS: None Del Mar Avenue Bids received fDr the Del Mar Avenue Widening from Widening Newport Boulevard to 330,Feet East of Elden Avenue are on file in the Clerk's office. On motion by Council MOTION' Member Buffa, seconded by Council Member Wheeler, the Awarded to contract was awarded to Excel Paving Company, Post Excel Paving Office Box 16405, Long Beach, for $342,886.61. 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 Traffic Signal Modification at Bristol Street/ Sunflower Avenue MOTION Awarded to Baxter -Griffin Agreement/LaBelle- Marvin Level Pavement Testing .and Analysis M)TION Agreement Approved Agreement/Pavement Management Systems Level Dynaflect Testing and Analysis for Various Streets MOTION Agreement Approved Reimbursement Agreement/First American Trust Improvements at 17th Street and Parona Avenue Bids received for Traffic Signal Modi f icat ion at Bristol Street/Sunflower Avenue are on. file in the Clerk's , office. On motion by Council Member Buffa, seconded by Council Member Wheeler, the contract was awarded to Baxter -Griffin Company, Incorporated, 8210 Monroe Ave- nue, Stanton, for $25,660.00. The motion carried by the fo l lowi rag roll call vote: AYES: COUNCI L MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Public Services Director requested approval of an agreement with LaBelle -Marvin, 2700 South Grand Avenue, Santa Ana, for $12,275.00, to design level pavement testing arra analysis for maintenance of various streets. On motion by Council Member Buffa, 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, Wieeler, .Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Public Services Director requested approval of an agreenent with Pavenent Management Systems, Post Office Box 16774, Irvine, for $17,750.00, to design level dynaflect testing and analysis for maintenance of various streets. On motion by Council Member Buffa, seconded by Council Member Wheeler, the agreement was approved, and the Mayor and Clerk were authorized to sigh 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 Public Services Director requested approval of a reimbursement agreement with First American Trust Company, 2161 San Joaquin Hills Road, Newport Beach, for $143,467.15. The reimbursement to First American Trust is fDr improvements completed at 17th Street and Pomona Avenue On motion by Council Member Buffa, seconded by Council Member Wheeler, the agreement was approved., and the Mayor arra Clerk were authorized to MOTION- sign on behalf of the City. The motion carried by the Agreement Approved following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Meeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/Oelke The Public.Services Director requested approval of an agreement with Joan Oelke, 119 Via Nice, Newport Beach, Acquisition of for $27,019.00,:.to acquire cf a portion of real property Property for 19th at 562-590 West 19th Street for the 19th Street widening Street Widening project from Park Avenue to Anaheim Avenue. On motion by Council Member Buffa, seconded by Council Member MOTION Wheeler, the agreement was approved, and the Mayor and Agreement Approved Clerk • were autYDrized -to sign on behalf of the City. The motion carried by the Bo l lowi ng roll call vote: A)ES : COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa - NOES : COUNCIL L MEMBERS : None ABSENT: CJOUNCIL MEMBERS: None Agreement/Ralph Staff recommended approval of an agreement with Ralph Andersen; and Andersen and Associates, 1446 Ethan Way, Suite 101, Budget Adjustment Sacramento, in an anount not -to exceed $31,000.00, to No. 88-94 = provide a Police .Services Impact Model Study to deter- MOTION mine the level of impact. of new develcpment on police Police Services services. Staff also requested approval of Budget Impact Model Adjustment No. 88-94 for $31,000.00. On motion by Study Council Member Buffa, seconded by Council Member Wheeler, the agreement and budget adjustment were MOTION approved, and the Mayor was authorized to sign the Agreement and agreement on behalf of the City. The motion carried Budget Adjustment by the fb1lowing roll call vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Change Order No. 1 Hornbuckle, Buffa Damon Construction ..NOES: COUNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/CALTRPNS . The Public Services Director requested approval of an �J agreement with the State of California, Department of Fairview Road Transportation (CALTRPNS), District 12, 1835 West Widening at I-405 Orangewood Avenue, Orange, for construction administra- tion in connection with widening of the Fairview Road MOTION overcrossing at I-,405. On motion by Council Member Agreement Approved Buffa, seconded by Council Member Wheeler, the agreement was approved, and the Mayor was authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Waeeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 The Public Services Director requested approval of Damon Construction Change Order No. 1,, $29,863.00, to the contract with Damon Construction, 500 East Gardena Boulevard, Gardena, 1987-88 Parkway for necessary repair of curb and gutter in connection Maintenance on with 1987-88 Parkway Maintenance (Tree Removal and Various Streets Planting, Curb and Gutter and Sidewalk Removal and Replacement, and Other Improvements on Various Streets). MOTION On motion by Council Member Buffa, seconded by.Council Change Order Member Wheeler, the change order was approved by the Approved fiollowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None �J Change Order No. 2 The Public .Services Director requested approval of Sully -Miller Change Order No. 2, $22,718.67, to the contract with Sully -Miller -Contracting Canpany, 6145 Santiago Canyon 1986-87 Street Road, Orange, to include cold plane operations for Maintenance streets to be overlayed, in connection with 1986-87 Street Maintenance (Reconstruction, Hot Rubberized Chip MOTION Seal, Slurry, and Overlay) . On motion by Council Member Change Order Buffa, seconded by Council Member Meeler, the change Approved order was approved by the following roll call vote: AYES:. COUNCIL MEMBERS: •Hall, Amburgey, heeler, -Hornbuckle, Buffa - NOES v CUUNCI L MEMBERS : None -ABSENT: COUNCIL MEMBERS: None Change Order "A" The Public Services .Director requested approval of P arra D Technologies Change Order "A", $10,000.00, to the contract with P arra D Technologies (formerly PRC Engineers), -972 Town 19th Street Strom► _, and Country Road, Orange, for additional work required Drain Design Study to perform certain calculations, in connection with the 19th Street Stoma Drain Design Study frau Anaheim MOTION Avenue- to the Greenville -Banning Channel. On motion Charge Order by Council Member Buffa, seconded by Council Member Approved Vheeler, the change order -was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vlheeler, ° Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "B" The Public Services Director requested approval of LSA (Larry Seeman Change Order "B", $9,000.00, to the contract with LSA and Associates) (Larry Seeman and Associates), 1 Park Plaza, Suite 500, Irvine, for additional work to include the southbound Fairview Road approach and right -turn lane to the I-,405 northbound Widening at 1-4.05 on-ramp, - in connection with widening the Fairview Road overcressing at I-405. On motion by Council Member MOTION Buffa, seconded by Council Member Wheeler, the change Change Order order was approved by the following roll call .vote: Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, 4heeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: . None ARS ENT : COUNCIL MEMBERS: None Change',,Order "D" Barrett Consulting Group Harbor -Maple Storm Drain Design MOTION Change Order Approved The Public Services Director requested approval of Charge Order "D", $21,000.00, to the contract with Barrett Consulting Group (formerly Born, Barrett and Associates), 3174-K Airway Avenue, Costa Mesa, for additional labor costs -incurred over the extended time frane past the original canpletion date, in connection with -design of the Harbor -Maple Storm Drain. On motion by Council Member Buffa, seconded by Council Member Meeler, the dhanga: order,was approved by the fbllowing roll call vote:. • AYES: COUNCIL MEMBERS: NOES.: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Hornbuckle, Buffa None None Notice of Canpletion The improvements have been canpleted for 1987-88 Parkway Darvon Construction Maintenance (Tree Removal and Planting, Curb and Gutter and Sidewalk Removal and Replacement, and Other Improve - 1987 -88 Parkway ments on Varicus:Streets) by Dacron Construction, 500 Maintenance on East Gardena Boulevard, Gardena. On motion by Council Various Streets Member Buffa, seconded .by Council Member Wheeler, the work Tas accepted; the Clerk vias authorized to file a MOTION Notice of Completion; authorization was given to release Improvements retention finds ,35 days. thereafter; the Labor and Accepted Material Bond was ordered.exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow - i ng roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, W, eeler, Hornbuckle, Buffa NOES: -COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Monurrentation- for Monumentation for Tract No. 12860, 2206 Canyon Drive, Tract No. 12860/ has been completed by Charles Pigneri, 1131 East Balboa Pigieri Boulevard, Newport Beach. On motion by Council Member Buffa, seconded by Council Member Wheeler, the improve - MOTION ments were accepted, and the $500.00 cash deposit was Improvements ordered exonerated. The motion carried by the follow- Acc ept ed i ng roll call vote: AYES:- COUNCIL MEMBERS: Hall, Amburgey, Wheeler, .. Hornbuckle, Buffa NOES: OOUNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS: None ANNOUNCEMENT Mayor Hall announced that Old Business Item No. 1, Ordinance 88-2 concerning concurrent sale of alcoholic beverages and motor fuels; and New Business Item No. 1, appeal fr-am. Kenneth L. Wyman, will be contirnied to April 4, 1988. PUBLIC HEARING The Clerk announced that this was the time and place set GP -88-1A and for the public hearing. for Jim Ferryman, 1095 Tulare R-88-02 Drive, Costa Mesa, authorized agent for Oriental Realty, Ferzyman/Oriental USA, Incorporated, 2625 East First Street, Los Angeles, Realty, LEA to consider the following items: General Plan Amendment GP -88-1A, to amend the land use designation of properties at 514, 518, 522, and 526 Bernard Street fran General Commercial to High,Density Residential. Environmental Determination: Negative Declaration. Rezone Petition R-88-02, to rezone properties at 514 arra 518 Bernard Street from R2 to R3. The Affidavit of .Publication is on file in the Clerk's office. No c o mun icat ions were received. The Development Services Director summarized staff's memorandum of February 25, 1988, and the Staff Report. The applicant's request was for properties at 514 and 518 Bernard Street; however, after application to the City Council, the Study Area was expanded to include all four parcels, 514 through 526 Bernard Street, because of the canmon General Plan/Zoning inconsistency. The Planning Commission recammended amending the General Plan designation to Hugh. Density Residential (Option II) for all properties between 514 and 526 Bernard Street. The Cammission also recommended rezoning.properties at 514 -and 518 Bernard Street to R3 with second reading of the rezone ordinance being held until the lots have been legally combined. Jim Ferryman reported that the properties at 514 and 518 are vacant and it is the intention of the applicant to construct 12 condominiums. Sid Soffer, 900.Arbor Street, Costa Mesa, spoke in support _of the requests. There being no other speakers, the Mayor closed the public ' hearing. Council Member Wheeler preferred the Medium Density Residential land use des igiat ion. General Plan Amendment GP -88-1B, to dzange the land use designation from Light Industry to High Density Residential. Environmental_ Determination: Negative Declaration. Rezone Petition R-88-01, to rezone from MG (General Industrial) to R4 (Multi -family Residential). The Affidavit of Publication -is on file in the Clerk's office. Letters in favor of the applications were received from Arthur G. Kidman, 611 Anton Boulevard, Suite 1400, Costa Mesa; John Rice, Rice's Television Service, 1375-F Logan Avenue, Costa Mesa; Harry Thomsen, Boat Transit, 1343 Logan Avenue, Costa Mesa; Robert L. Wray, Industrial Sheet Metal, 1375-C Logan Avenue, Costa Mesa; Robert Green, Administrator, Newport Harbor Hospital, 1501 East 16th Street, Nevport Beach; and Ron Schoenmhl, 3201 Iowa Street, Costa Mesa. A letter was received fron Fred Harshbarzger, Franklin Clay Films, tenant at 1375 Logan Avenue, Costa Mesa, expressing concern about noise from the proposed project. Council -Member Hornbuckle.was not opposed to the General Plan Amendment to High Density Residential; however, she preferred R2 zoning rather than R3. MOTION Negative A motion was made by Vice Mayor Amburgey, seconded by Declaration Council Member Hornbuckle, and carried 5-0, to adopt the Adopted Negative Declaration of Environmental Impact. MOTION A motion was made by Vice Mayor Amburgey, seconded by Resolution 88-16 Council Member Buffa, to,adept Resolution 88-16, being Adopted A RESOLUTION CF THE CITY COUNCIL CF THE CITY OF COSTA MESA, .CALIFORNIA, ADOPTING GENERAL PIAN AMENDMENT GP -88-1A, AMENDING THE GENERAL PLAN CF THE CITY OF COSTA MESA, approving Option II, High Density Residen- tial.: The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey,. Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None MOTION' A motion was. made by Vice Mayor Amburgey, seconded by Ordinance 88-4 Council Member Buffa, to give first reading to Ordinance Given.First 88-4, being AN ORDINANCE CF THE CITY COUNCIL OF THE CITY Reading OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 514 AND 518 BERNARD STREET FROM R2 TO R3, stipulating that, second reading and adoption of the ordinance shall be delayed for a maximum of one year so that the lots can be legally c cmbi ned . The motion carried by the fb1lowing roll call vote: - AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the titre and place set GP -88-1B and for the public hearing for Michael Lawler, Jr., 1611 R-88-01 Aliso Avenue, Costa Mesa, authorized agent for C. J. Lawler/Segerstron Segerstran and Sons, 3315. Fairview Road, Costa Mesa, for property located at 2900 College Avenue: General Plan Amendment GP -88-1B, to dzange the land use designation from Light Industry to High Density Residential. Environmental_ Determination: Negative Declaration. Rezone Petition R-88-01, to rezone from MG (General Industrial) to R4 (Multi -family Residential). The Affidavit of Publication -is on file in the Clerk's office. Letters in favor of the applications were received from Arthur G. Kidman, 611 Anton Boulevard, Suite 1400, Costa Mesa; John Rice, Rice's Television Service, 1375-F Logan Avenue, Costa Mesa; Harry Thomsen, Boat Transit, 1343 Logan Avenue, Costa Mesa; Robert L. Wray, Industrial Sheet Metal, 1375-C Logan Avenue, Costa Mesa; Robert Green, Administrator, Newport Harbor Hospital, 1501 East 16th Street, Nevport Beach; and Ron Schoenmhl, 3201 Iowa Street, Costa Mesa. A letter was received fron Fred Harshbarzger, Franklin Clay Films, tenant at 1375 Logan Avenue, Costa Mesa, expressing concern about noise from the proposed project. _122 A letter was received frau John L. Cashion, Pinecreek Investment Campany,_18952,MacArthur Boulevard, Suite 310,' Irvine, strongly opposing the proposed use. The Development Services Director referenced staff's memorandum of February 25; 1988, and the Staff Report. The site is the 'abandoned College Lumber Yard at the northeast corner of College Avenue and Village Way. Developrrent tri the south is" residential: Villa Martinique' Apartments west of 'Pinecreek Drive, and Pinecre'ek Village" Apartments' east ' of Pinecreek Drive. Development- on the remaining sides is Light Industrial. The Direcinr reported that based "on the location and surrounding ]and use, there appear to be two options fDr the site:' industrial'or residential. Considering the proximity of industrial and multi -family residential uses, staff has concluded that the land use options are Option I, Light Industry (existing), or Option II, High Density Residential (requested). The Director mentioned that although the ''viability of future industrial use at -the site is questionable, the Planning Camnission recom- mended denial because they felt the residential use would be incanpatible with the existing industrial uses. Michael Lawler; Vice President of' Hoelscher/Guggenheim Partners, 4665 MacArthur Court, Suite 275, Newport Beach, stated that"it was'the intention of his firm to retain the project -'as a long-term investment. Mr.' Lawler commented that, the neighborhood has transformed from ,an industrial ara bo ares ident i al ne ighborYnod . He sYnwed slides -of _ the area as it exists now, as well as site plans df' the proposed 72 -unit project. Mr. Lawler pointed ' cut a 'dzarge which has been made since the Planniri3 Caami ssiori meeting, and that is a proposal for a',"15 -foot wall with 'landscaping. He believed .that increasing the height of the wall to 15 Beet would be adequate buffering between the residential and indus- trial .uses. Responding to a question frau Council Member Wheeler, the Development Services Director stated that a 15 -foot wall would be a positive effect and relieve a majority of his concerns -about noise. Also, since the wall would be' located, to the rear of ` the property, there would be little negative impact camtnunitywide. Council Member Hornbuckle'expressed her concern about future traffic_ impacts_ when the Villa Martinique apart - merits are conpletly-occupied. Mayor Hall askedMr. Lawler if he would agree to the 15 -foot wall being added 'as` -a mitigating measure for General Plan Amendment GP -88-1B. Mr. Lawler responded affirmatively. John .Feeney,, 1154` Dorset :Lane, Costa Mesa, suggested that Council delay a decision 'fbr these applications until the full traffic _impacts of the Villa Martinique project have been determined:, Mr. Feeney contended that there, are already too many high 'density developments in this area. Catherine Schuler,' 2338" Minutemen Way., Costa Mesa, spoke in support cf the project. Lee Dean, 1199 E1 Camino Drive, Costa Mesa, expressed concern' ` about excessive traffic in the area and asked that no action be `taken until frost of the apartments at Villa Martinique Have been occupied. Paul Bredlt, Costa Mesa businessman and Irvine resident, and member cf the Costa Mesa Chamber of Canmarce Beauti- fication Committee, -stated that the proposed project would be an asset bo the -neighborhood. Sid Soffer, 900 Arbor Street, Costa Mesa, commented that the property as it exists has little value, and single- family development would not be viable at this site because cf its prokiini.ty to the industrial uses. Richard Hauer, property manager, stated that he has been associated with"the Hoelscher/Guggenheim organization for marry pars and this developer produces quality hous- ing and retains its pr.cperties as long-term investments. Lan Guggenheim, 4 Beacon Bay, Newport Beach, was confident that the buffers being provided between the residential and industrial areas would adequately miti- gate not se and visual impacts. There being no other speakers, the Mayor closed the public hearing. MOTION Negative On motion.by Council Member Buffa, seconded by Council Dec larat ion Member Wheeler, and' carried 5-0, the Negative Dec lara- Adcpted tion of Environmental Impact was adopted. MOTION A motion was made by Council Member Buffa, seconded by Resolution 88-17 Council Member Wheeler, to adopt Resolution 88-17, being Adopted A RESOLUTION CF THE CITY COUNCIL CF THE CITY (F COSTA MESA, CALIFORNII ADOPTING GENERAL PLAN AMENDMENT GP -88-1B, AMENDINGTHE GENERAL PLAN CF THE CITY OF COSTA MESA, (approving Option II, High Density Residential. Counci`1• Member lnflieeler believed that residential was a better use for the area; however, he was opposed to the zoning change being requested by the applicant. The motion to adopt Resolution 88-17 carried by the fiol l owi ng roll call vote: - AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Council Member Buffa, seconded by Ordinance 88-5 Vice Mayor Alrburgey, to give first reading to Ordinance Given First .88-5, being AN ORDINANCE CF THE CITY COUNCIL CF THE CITY Reading CF COSTA MESA, CALIFORNIA, QiANGING THE ZONING CF PROP- ERTY AT 2900 COLLEGE AVENUE FRCM MG TO R4. Council Member Wheeler stated that he preferred R3 zoning. Vice Mayor Amburgey and Council Member Buffa expressed their support for R4 zoning because of the applicant's intention cf developing the site at 24 units per acre instead 6f the.maximum allowed in the R4 zone. Council Member Hornbuckle was concerned with traffic circulation ' because the true impact of the Villa Martinique apartmnts is not yet known. The motion to'give first reading to Ordinance 88-5 carried by the following roll call vote: AYES: CC)UNCIL MEMBERS: Hall, Azburgey, Buffa NOES: CDUNCIL MEMBERS: Wheeler, Hornbuckle ABSENT: 00UW_IL MEMBERS: None Mayor Hall asked . about adding a requirement fbr a wall 15 feet in height. The Development Services Director 1 repo t r'' 6d that the,Negative'.1i6claraition would have to be anended IV adding the 15 -foot wall as a mitigation measure.. AMENDED. MOTION A * motion ' was made by Council Member Wheeler, seconded by Negative*Dec laration Vice mayor Amburgey, . &xendi na the ` Negat ive Dec larat ion Amended to Add to include a mitigation measure for construction of a 15 -foot Wall 15-foot.high wall continuously along the property line adjac6.nt, to, the. industrial area. Council''Member Buffa stated he would vote against the amended irotion because he felt a -'15 -foot wall was- too high. Further discussion ensued,, and Mr. Lawler was asked to clarify. some issues .such a.s landscaping. Mr. Lawler referenced Council Member Buffa's concern about the height of the wall and indicated that 15 feet was probably higher than necessary and visual relief could be attained with heights between 12 and 15 beet. Mayor Hall stated "that th6'!Develcpment Services Director suggested that 'the, height of the wall be referred to staff for noise mitigation purposes with permission to go higher than 6.f3aet.-, S EODND, ANEkED Council Member Wheeler again'anended the motion by modi- MMON, f ying the Negative Declaration to include a mitigation Negative Declaration measure, re . asure, for construct ion'cf a Wall in excess of 6 feet Amended for Wall. in, in height, with a maximum height of 15 feet, stipulating Excess of 6. Feet and -that a major portion'cf the wall shall remain at 15 feet Maximum of .15 Feet as datermined.ty- staff., The. second amended motion was I seconded 'by Vice!May6r Anb,urgey, and carried 4-1, Council Member Bafta voting no. RECESS The, Mayor declared a recess at 8:30 p.m., and the meet- ing reconvened at .8:45 p.m., PUBLIC HEARING The Cleric announced thatthis was the time and place GP ­88 -1C set for the public hearing for General Plan Amendment Master Plan of GP -88-1C, to c-m6nd the Master Plan of Bikeways to pro - Bikeways v ida t . . an off-street trail fran South Coast Drive east of Harbor Boulevard to. the corner of Harbor Boule- vard and Gisler Avenue, and' to provide an on -street bicycle 'lane along Gisler Avenue fran California Street to the Santa, Ana River trail, Environmental Determina- tion": Exempt. The AffidaVit'of'Publication is on file in the Cler'k's office. No ccmmunications were received. The Dave 1 1 . cpment Services Director st-owed slides indicab- ing the location of .the two additional bikeways. Staff e and the Planning Caumission recamiLnded approval of the -request. John DeWitt, 2000'E' earic'Drive Costa Mesa, spoke in favor cf the additional bicycle trails. Rita Fieditmann,, C. 'J. Segerstrdn and Sons, 3315 Fair- view Road, Costa Mesa, stated that the Segerstrams were very pleased to work on such a- terrific project which will benefit the entire cQmnmity. L' 1 Property acquisition survey. - Walter Kreutzen, Evensen Dodge, Incozporated, summarized some of the available financing alternatives fir the Victoria Street project." Mayor Hall announced that the financing alternatives will be "discussed" in cbtail•- at, the Study Session of April 11, 1988.. _ The City Manager referred to his memorandum of March 3, 1988, in which he" "requested authorization for staff to survey affected residents to ascertain current, willing sellers. Sid Soffer, 900ArborStreet, Costa Mesa, stated that he hoped the City will off3ar the fair market values of the properties without the impact of the proposed widening. Roy Pizarek,- 270 Del Mar Avenue, Costa Mesa, suggested that the City convert the purchased properties to rentals until the project begins so that there will not be rows of boarded Houses, or empty lots used for storage. MOTION '- A motion was made by Council Member Hornbuckle, seconded Agreement Approved byF Vice- Mayor Amburgey "' to approve the agreement with Boyle Engineering Corporation to provide a Precise Plan. There •being "nog other speakers,- the Mayor closed the public hearing, MOTION On motion by Council Member Buffa, seconded by Vice Resolution 88-18 Mayor Amburgey, Resolution 88-18, being A RESOLUTION OF Adopted THE CITY COUNCIL -CF THE CITY OF ODSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -88-1C, AMENDING THE GENERAL PLAN CF THE CITY CF ODSTA MESA, approving Alternative I,' was adopted by the fiollowing roll call -vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hieeler, Hornbuckle, Buffa NOES:, � WUNCL L MEMBERS: None ABSENT: ' OOUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of February 16, Ordinance 88-2 1988, second reading aid adoption of Ordinance 88-2, Concurrent Sales being AN CRDIMNCE CF THE CITY COUNCIL CF THE CITY OF of Alcoholic COSTA MESA, CALIFORNIA, REPEALING THE LMISIATIVE Beverages and PROHIBITION CF CONCURRENT SALES CF ALCOHOLIC BEVERAGES Motor Vehicle AND MOTOR VEHICLE FUELS AND ESTABLISHING A PROCEDURE Fuels FOR REGULATION CF SUCH ODNCURRENT SALES. MOTION � On motion by Council Member" Buf fa , seconded by Council - Held Over to Member Wheeler, and carried 5-0, this item was continued April 4, 1988 to the neeting of April 4, 1988'. " Victoria Street The Clerk presented four items in connection with the Alignment alignment of Victoria Street from Canyon Drive to Harbor Boulevard: Agreement with Boyle Engineering Corporation, 1501 Quail Street, Newport Beach, for $108,706.00, to establish a Precise' Plan; Budget'Adjustment No. 88 -90 -for $200,000.00; Report from Evensen Dodge, Incorporated, 650 Town Center Drive, Suite 860, Costa Mesa, concerning financing alternatives; and Property acquisition survey. - Walter Kreutzen, Evensen Dodge, Incozporated, summarized some of the available financing alternatives fir the Victoria Street project." Mayor Hall announced that the financing alternatives will be "discussed" in cbtail•- at, the Study Session of April 11, 1988.. _ The City Manager referred to his memorandum of March 3, 1988, in which he" "requested authorization for staff to survey affected residents to ascertain current, willing sellers. Sid Soffer, 900ArborStreet, Costa Mesa, stated that he hoped the City will off3ar the fair market values of the properties without the impact of the proposed widening. Roy Pizarek,- 270 Del Mar Avenue, Costa Mesa, suggested that the City convert the purchased properties to rentals until the project begins so that there will not be rows of boarded Houses, or empty lots used for storage. MOTION '- A motion was made by Council Member Hornbuckle, seconded Agreement Approved byF Vice- Mayor Amburgey "' to approve the agreement with Boyle Engineering Corporation to provide a Precise Plan. r Council Member Wheeler stated that he would appose the agreement and budget adjustment because he could not support the taking of home s . The motion to approve the agreement carried by the following roll call vote: AYES: CDUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL L MEMBERS : Meeler ABSENT: CJOUNCIL MEMBERS: None M)TION On notion by Council Member Hornbuckle, seconded by Vice Budget Adjustment Mayor.Amburgey, Budget Adjustment No. 88-90 was approved No. 88-90 Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL I L MEMBERS: Wheeler ABSENT: GOUI_IL MEMBERS: None No action was taken on the. financing alternatives since they will be discussed at the Study Session of April 11, 1988. MOTION On motion by Council Member Hornbuckle, seconded by Vice Survey Authorized Mayor Amburgey, and carried 5-0, staff was authorized to conduct a survey as outlined in the City Manager's memorandum of March 3, 1988. DR -86 -58 -Status The Clerk presented a status report concerning Develop - Report ment Review DR -86-58, Ingardia Brothers Produce, Incor- porated, 2120 Placentia Avenue. Ingardia Brothers Tan Schafer,- 2127 Wallace Avenue, who addressed Council on February 16, 1988, with' concerns regarding the new conmercial building under construction at 2120 Placentia Avenue, suggested that a 15-fDot wall would be appropri- ate at this site to mitigate the noise and visual impacts. The Development Services Director reported that the wall is now six feet high and a higher wall would require a variance. Staff is now investigating the .feasibility of raising the wall to eight f3aet and discussing the casts with the property owner. 1 Tam Schafer stated that an eight -foot wall will not alleviate the problems. Frank Schafer, 2131 Wallace Avenue, agreed that an eight -foot wall would not. be high enough because the loading docks at Ingardia Brothers are four feet high. Mayor Hall directed the City Manager and Development Services Director to pursue resolving the problem which now exists. NEW BUSINESS The Clerk presented .an .application from Kenneth L. Request to File Wayman, 2845 Mesa Verde Drive East, Suite 4, Costa Mesa, Conditional Use representing Mr. and Mrs. Jerome L. Cox, appealing the Permit Planning Commission' s determination of ineligibility to Wayman/Cox file a Conditional Use Permit for a home occupation with an employee not residing on the premises, located at 214 .Fairway Place in an Rl zone. Envirormental Determine- tion: Exempt. MOTION On motion by Council Member Hornbuckle, seconded by Held Over to. Council Member Buffa, and carried 5-0, this item was April 4, 1988 continued to April 4, 1988. 1 Initiative The Clerk presented a,report concerning the Initiative Petition Petition, Citizens %r Sensible Growth arra Traffic Control. The. Clerk reported that the- Clerk's office received an initiative petition fram representatives of Citizens for Sensible Growth -and Traffic Control. The petition was examined and contains 5,615 valid signatures of Costa Mesa registered voters which qualifies it to be presented to the voters. The Clerk stated that in order to qualify fDr the ballot, signatures of registered voters had to be collected from at least 10 percent of the number of registered voters last certified by the Secretary of State and which was in effect at the time the Notice of Intention to Circulate an Initiative Petition was published in the newspaper. The certified number of voters in effect at the time the notice was published was 42,801. The City Attorney referred to his memorandum of March 3, 1988, and summarized the options contained therein: (1) Give first reading to an ordinance adapting the initiative ordinance: (2)- Submit the initiative to the voters by placing it on the' ballot for the next regular municipal election which -will be held on November 8, 1988. (3) Refuse to place the initiative on any ballot on the ground that a procedural requirement has not been'met or that the initiative measure is beyond the authority of the . City to adopt it. (4') Refer the initiative measure to the City staff for a report on the impact of the initiative. If this option were selected, no decision must be made this evening on either Options 1 or 2. If Council requests a report from staff, it must be completed and presented to Council within 45 days after -the the Clerk has certified the ,initiative petiton. (5) Direct the City Attorney to prepare an impartial analysis of the initiative showing its effect on existing law and ,the operation of the measure. (6) Determine if Council intends to file a written - argument fior or against the initiative. The City Attorney also mentioned that he was going to include another option, concerning a special election; however, he was, unable to find authorization for this alternative. He stated that if Council were to seri- ously eriously consider such an option, he would request that he meet with Council in closed session to give his opinion as to the lawsuit ramifications of such a selection. Mayor Hall asked the' City Manager if staff could prepare a report within 45 days if Council were to select Option 4. The City Manager responded that it could be done within that tine frame. MOTION Council Member Hornbuckle stated that she could not Staff Directed to vote to adopt an ordinance without an analysis of the Prepare a Report impacts of the initiative, and thereafter made a motion requesting staff -to prepare a report on the impact of the initiative on any and all matters, going through the initiative iter, ,by item, and to present the report to Council .within 45. days. The motion was seconded by Vice Mayor Amburgey. Council Member_ Wheeler cpposed the motion because he believed.if a decision were delayed, there would be a rush of developers and property owners filing .tents- tive maps to give them rights to build no matter what happens.. He preferred, to give .first reading to an -ordinance adopting. the initiative, or placing it on a ballot as. soon as, possible.. The motion . directing staff, to prepare a report carried 4-1, Council Member Wheeler voting no. NOTION. A motion was made by Council Member Hornbuckle, seconded Decision Delayed by Vice Mayor Amburgey, to d✓lay the decision on how to Until Study treat the initiative until ,staff's study has been Completed completed. Council. Member Wheeler , apposed thie motion,,,stating that this would invite the onslaught of developer agreements. He then made a substitute motion to place the initiative on the.,ballot fpr the June, 1988, election. The substi- tute motion died for lack of a second. Council Member. Hornbuckle,:asked if .the matter ..of placing the initiative on a special election ballot could be discussed in closed session scheduled for later this evening. The City Attorney replied that it could. Jennifer Weber, Orange Coast Daily Pilot, challenged Council's auth-ority to discuss possible litigation in closed session. It was her understanding of the Brown Act that. only pending litigation can be discussed in closed session; therefore,, probable litigation should be done in public session., The City Attorney reported that Council does have the authority .to discuss in closed session the likelihood of a lawsuit being. filed. He commented that pending litigation does not refer only to the existence of a lawsuit. The motion to..defer, action until staff's report has been received .carried; 3-2, Council Members Wheeler and Buffa voting no. Pranotion and: The Clerk. presented recommendations fran Vice Mayor Advertising Funds Amburgey and Council Member Buffa concerning requests for..Pranotion and_. Advertising Funds. Vice Mayor Amburgey referred to a memorandum dated Mardi ,1, 1988, ;which contains 116 requests fDr funding and. recanmendations, mace by him and Council Member, Buffa. Item No. 7 was discussed: request for $5,000.00 frau Costa Mesa Little ;League (1988 playing season). Vice Mayor Amburgey.and .Council Member Buffa reconmended that ,this money should be funded on an annual basis throuji the Leisure Services Department, Recreation Division budget, not through Pronotion and Advertising funds. Mike .Scheafer, 3327 'California Street, Costa Mesa, President of the Costa Mesa,.Little League, was of the opinion, that the.teisure"Seryices Department would not 1 11 fund the program. Vice Mayor Amburgey responded that Leisure Services has already been advised that staff -shall include in their budget, funds for the Little Ieagua program. Council Member Hornbuckle was concerned with Item No. 10, a request fDr.$250.00 from College Park Elementary School (Reading Incentive program) . She reported that all elementary schools have reading incentive programs of one kind or another, and there is a funding mechanism set up for these programs, the Newport -Mesa Schools Foundation. .She explained that this foundation does an excellent job of evaluating programs and making grants to the schools from funds solicited from the community. She recammenled referring this request to the Newport - Mesa Schools Foundation. Council Member Wheeler suggested organizing a literacy program through the. libraries in Costa Mesa. M7rION Remove Reading A notion was made by Council Member Hornbuckle, seconded Program frau by Council Member Wheeler, to remove Item No. 10 from Grant List the grant request list.. SUBSTITUTE MJTION A substitute motion was made by Vice Mayor Amburgey, Funds Authorized seconded by Council Member Buffa, authorizing an award for Reading of $250.00 to the Reading Incentive Program at College Program Park Elementary School. Council Member Hornbuckle commented that she supports the concept of the program; however, she feels the schools foundation has standards for these types of grants, and it would be more appropriate to place the request with the foundation. The substitute motion carried by the following roll call vote: AYES: OOUNCIL MEMBERS: . Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wbeeler, Hornbuckle ABSENT: OOUNCIL MEMBERS: None Scott King, 766 Wilson Street, Costa Mesa, thanked Vice Mayor Amburgey and Council Member Buffa for their .support in recamnending a $2,000.00 grant to the .Costa Mesa High School Tall Flag Team, Winter Guard International, U.S.A. in.Daytona (Item No. 8). Vice Mayor Amburgey referred to Item 14, a request for equiprcent to take movies of a trip already funded, AYSO American Youth Friendship Tour (Soccer 'Tournament in the Soviet Un ion).. He stated that this would be an appropriate request through the Cable Grant Committee and recommended that the request be referred tb that committee. Referencing Item 15, request for $10,000.00 from AYSO, Region 97, 1988-89 Season, the. Vice Mayor pointed out that the request is not for a specific program and appears to . be nerely for the normal operating budget. The recommendation was to deny the request. Council Member Buffa recommended that in the future, one grant should be given to AYSO to dole out to each of its teams. MOTION A notion was made by Vice Mayor Amburgey, seconded by Recommendations Council Member Buffa, to approve funds as recommended Approved in the March 1 memorandLun with the following exceptions: Item No. 7, refer to Leisure Services Departnent for r- funding through its budget; Item No. 14, refer to the Cable Gant Committee; and Item 10 which was already approved for a $250.00 donation. The motion carried by the fbllowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES COUNCIL MEMBERS: Nine ABSENT: COUNCIL MEMBERS: None Appointments. to The Cleric presented a request to appoint members to Various Committees vacant positions on the Child Care Committee, Cultural Arts Cannd.ttee, Fairview Park Citizens Committee, and the Council Select Advisory Committee (Airport Noise). MDTION Child Care Appoint A notion was made by Council Member Hornbuckle, seconded ments Approved by Council Member Buffa, to appoint Thomas E. Bell arra Susan Fenton to the Child Care Committee.. The motion carried 5-0. M7TIONS Remaining Appoint On motion by Council Member Wheeler, seconded by Council mints Held Over to Member Buffa, appointments to the Fairview Park Citizens April 4, 1988 Cammittee and the Cultural•Arts Committee were continued to April 4, 1988. Council Member Buffa asked staff to contact both appli- cants for the vacancy on the Council Select Advisory Committee (Airport Noise) to detemine whether or not they have any civilian or military aviation experience., and if they do not, he will suggest leaving the adver- tisement open fir that position. On motion by Council Member Buffa, seconded by Mayor Hall; arra carried 5-0, appointment to the Council Select AdvisDry -Committee (Airport Noise) was continued to April 4, 1988. HCDA Ad Hoc The Clerk presented a request to appoint members to the Committee Housing arra Community Development Act (HCDA) Ad Hoc Committee.. MOTION A notion was made by Council Member Hornbuckle, seconded Appointments by.Council Member Buffa, appointing the following Costa Approved Mesa residents to the HCDA Ad Hoc Committee: Jeffrey A. Carlson, Scott C. Crone, Ibnald A. Knipp, Elizabeth S. Meyer, -John L. Peterka, Carolee B. Stevens, and Matthew F. Wiley. Council Member Hornbuckle stated that she attempted to balance the cammittee by selecting appli- cants from various parts of the City. The motion carried 5-0. Mayor Hall appointed Council Members Hornbuckle and Buffa to the Ad Hoc Committee. Chane Order "J" Item 10(f) on the Consent Calendar was presented: Phillips Brandt Change Order "J", $1,540.00, to the contract with - Reddick Phillips Brandt Reddick, 18012 Sky Park Circle, Irvine, �fbr additional work authorized by Council in connection EIR No. 1033S for with Victoria Street Widening Environmental Impact Victoria Street Report (EIR) No. 1033S. Widening Council'Member Wheeler stated that he thought there were substantial problems with EIR No. 1033S and he would not approve additional funds for a document he felt was inadequate. MOTION On motion by Council Member Hornbuckle, seconded by Change Order Vice Mayor Amburgey, the change order was approved by Approved the fDllaaing roll call vote: 431 AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: 03UNCI L MEMBERS: The ele r ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The City Attorney requested a closed session to discuss REPORT two lawsuits: Concerned Citizens of Costa Mesa vs. Ned West, Superior Court Case No. _42 07 28, and Fbllard vs. Request for City of Costa Mesa, Superior Court Case No. 54 24 95. Closed Session Referencing the issue of a special election which was Ned West arra discussed earlier in the neeting, the City Attorney Pollard Lawsuits asked'if there were three or more Council Members who wished to discuss it in closed session. None of the Council Members wished to discuss the iter in closed session. Council Member Wheeler announced that he would not be participating in the closed session regarding Concerned Citizens of Costa Mesa vs. Ned West due to a conflict of interest because of his representation of the attorney who represents the citizens group. Mayor Hall stated that closed session will be held at the end of regular business. CITY MANAGER, The City Manager presented Bid Item No. 803, Personal REPORT Canputers. Bids received on Mare 4, 1988, are on file ,in the Clerk's office. The Manager referred to a Bid Item No. 803 memorandum dated March 4 which contains staff's recan- Personal Computers mendation for contract awards. MOTION On motion by Vice Mayor Amburgey, seconded by Council Awarded to Data Member Tnlieeler, 'coritracts were awarded as follows: West and Racal- Milgo Exhibit "A", Six Personal Canputer AST Promium 286 Model 120 - Data West, 2461 =, 205th Street, Suite B105, Torrance; for $20,956.20;- and Exhibit "Y', Eight Modems R14 9629, 9600 BPS - Racal- Milgo. Information Systens, 1601 North Harrison Parkway, Sunrise, Florida, f6r $13,293.00. The motion carried by the fb1lowing roll call vote: ASES : COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ORAL COMMUNICATIONS Mildred Kniss, resident of Costa Mesa Mobile Estates, 327 West Wilson Street, wanted to know why residents of Camplaint Regarding this mobile hone, park were not advised that two parking Costa Mesa Mobile spaces were being removed, one of which now contains a Estates trash. receptacle:. She also reported that a wall has been constructed.on the west side of the driveway, which blocks the view of drivers exiting the site. Ms. Kniss mentioned that construction has been in progress at the park fb r ' almost two ye ars . She wanted to know how much longer the residents would have to endure the dust and noise caused by construction. In addition, Nis. Kniss stated that it was her understanding that the City directed the irobile park owner to construct a sidewalk on Avocado Street and fix the fence,, but this has not been done. Mayor Hall directed the Development Services Director to investigate these canplaints, report back to Council, and forward a copy of the report to Ms,. Kniss. 43,E Oriole Drive Jim Gaube, 1812 Oriole Drive, Costa Mesa, presented a Traffic Problems petition signed ty 60 Oriole Drive residents. The peti- tion states that ager the -,past several years, residents on Oriole Drive have requested the City .tb take action relative to the chronic problem of automobiles traveling at excessive speeds on that street, yet the problem has not been resolved. Mr. Gaube stated that the residents are now demanding an immediate lasting solution. He recommended a build up of police patrol on a short-term basis, and investigating the possibility of making the area a gated conmun ity by' 'c lcs ing of f streets. He sub - emitted photographs of a recent accident in which three vehicles were damaged beyond repair. Councii Member'Hornbuckle asked that Oriole Drive acci- dent reports from the past few `years be made available to Council . Mayor Hall -directed the City Manager to increase police surveillance in, that area. Hugh Cawkins,' 1806 Oriole Drive, suggested moving sane of the police officers from the Swan Drive/Placentia Avenue intersection to Oriole Drive/Placentia, Avenue area. Jack Fullerton, 1796 Oriole 'Drive, recamnended install- ing medians on Oriole I?tive to slow the traffic. He also .suggested installing gates at one end of the street which could only be 'opened' by residents inserting a card so they could make their exits frau the street. Jay Humphrey, 1620-Sandal400d Street, Costa Mesa, spoke about the Oriole Drive traffic problems, and other areas in the City where traffic is a concern. He suggested investigating a new automatic radar system that takes a picture cf the speeding vehicle. AYSO Play-offs Jim Townsend, 950 Cheyenne Street, Costa Mesa, Assistant Commissioner, AYSO Costa Mesa Region No. 120, invited the Council to attend soccer play-offs in La Mirada, at Imperial.Middle School, 9:00 a.m. and 3:00 p.m., on Saturday, Martz 13. Soffer Canments Sid Soffer, 900 Arbor Street, Costa -Mesa, suggested .that Costa Mesa residents donate $1.00 to the prize money for the contest which is being planned concerning traffic so lut ions . Mr. Soffer spoke. about questionnaires and the accuracy 'of findi.ngs when the questions are misleading. He referenced questionnaires he received. fram former U.S. Senator Hayakawa and State Senator John Seymour. -Mr. Soffer reported that four vehicles parked in front cf his hone _have been hit by speeding automobiles, three of those occasions .being hit and run incidents. He suggested placing a step sigi at the intersection near his home. ODUNCIIMANIC Council Member Buffa reported that after Council adopted COMMENTS a nuisance ordinance relating t o camnunity improvements, The Orange County Register took offense with both the Newspaper ordinance and his involvement with it. He commented Editorial that he had no objection to the viewpoint contained in the ed tprial because that is ndrely the cast of being in public office. He found the cartoon to be very 1 amusing. Council Member Buffa- stated that he did not object ' to thea editorial itself even though some of the statements attributed to him were inaccurate; however, he did object 10 the headline for the editorial, "Costa Nostra". Council Member Buffa considered the headline a racial slur, a personal attack, and a libelous attack. He also believed that the headline was an attack against the. City. He stated that this type of attack is old news to an Italian -American and indicated that he would send a letter of protest to The Orange County Register. Council Member Buffa believed this incident was particu- larly, unfortunate given that'a newspaper of this stature has cane down to this level. Sam Quinones, The Orange County Register, stated that he has never met anyone who writes for the editorial board. Paramedics Council Member Hornbuckle expressed her appreciation to Canmended Costa Mesa Paramedics Keith Fujimoto and Ron Cloe for saving the life of her very good friend on the Turning they vere preparing to leave for Hawaii. Traf•f ic',Camdss ion -Mayor Hall requested that the Traff is Ccmmiss ion's Decisiori Concerning action concerning Princeton Drive be brought forward Princeton Drive to .Coinncil for a decision. ADJOURNMENT TO At 11:15 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed .session in .the first fl.00r.Conference Room to discuss pending litigation concerning the lawsuits of Concerned Citizens of Costa Mesa vs. Ned West and Pollard.- vs. City of Costa Mesa. No action was taken. ADJOURNMENT The Mayor declared the meeti -ned` at 12100 midnight. - - Mayor of the - City of Costa Mesa ATTEST: _Zkt, Clerk of the City of Costa sa FM