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HomeMy WebLinkAbout04/03/1988 - City Council1 RFDUTAR MEETING OF THE CITY COUNCIL CITY CF GDSTA MESA APRIL 4, 1988 The City Council of the City of Costa Mesa, California, net in regular session April 4, 1988, at 6:30 p.m. , in the Council Chanbers of City Hall, 77 Fair Drive, Costa Mesa. The neeting was called to order by the Mayor, follcaed by the Pledge of Allegiance to the Flag, and Invocation by the Public Services Director. ROLL CALL Council Members Present: Hall, Amburgey, Vheeler, Hornbuckle, Buffa Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion by Council Member Hornbuckle, seconded by Mardi 7 and Council Member Wheeler, and carried 5-0, minutes of the 21, 1988 regular ireetings of March 7 and March 21, 1988, were approved as distributed. ORDINANCES A motion was made by Council Member Buf fa , seconded by Council Member Wheeler, and carried 5-0, to react all ordinances by tithe only. PROCLAMATION The Mayor read a proclamation declaring the week of Week of the Young April 10 through 16, 1988, as the "Week of the Young Child Child". PROCLAMATION A proclamation declaring April 10 through 17, 1988, as Holocaust Victims "Days of Remenbrance of the Victims of the Holocaust" Held Over was continued to the meeting of April 18, 1988. PROCLkMATION Mayor Hall read a proc lancet ion dec lar i ng April 18 Register and Vote through 22, 1988, as "You've Got the Power, Register and Vote" week. PROCLAMATION The Mayor read a proclamation declaring.April, 1988, as Earthquake "California Earthquake Preparedness Month" and presented Preparedness the document to the Costa Mesa Communications Director. PROCLAMATION Mayor Hall read a proclamation declaring April 16, 1988, Health Fair Expo as "Health Fair Expo Day". (DNSENT CAIENEAR The following items were removed from the Consent Calendar: Item 5, Letter from Mesa Verde Villas Home- owners Association concerning speed limit signs on Iowa Street; Item 16(a), Change Order No. 1 for $164,500.00, in connection with Measure "C" Parkway Maintenance 1987-88; Item 17(b), Agreement with First American Title Insurance Company concerning the Victoria Street widerr- ing; and Item 24, North Costa Mesa development trip charges. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: 0XRUIL MEMBERS: Hall, Amburgey, Waeeler, Hornbuckle, Buffa NOES: (DUNCI L MEMBERS: None ABSENT : ODU1- I L MEMBERS : None VRITTEN On motion ty Council Member Hornbuckle, seconded by COMMUNICATIONS Council Member Buffa, Resolution 88-19, being A RESOLU- TION CF THE CITY COUNCIL CF THE CITY OF COSTA MESA, Records Destruction CALIFORNIA, AUTHORIZING RECORDS IESTRUCTION FOR THE FIRE for Fire Department DEPARIMENT CF THE CITY OF COSTA MESA PURSUANT TO ORDI- NANCE NO. 75-60, was adopted by the following roll call MOTION vote: Resolution 88-19 AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Adopted Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: OJUNCI L MEMBERS: None Traffic at 17th On motion try, Council Member Hornbuckle, seconded by Street and Superior Council Member Buffa, and carried 5-0, a letter from Avenyae W. A. Vermolen, 998 Modjeska Circle, Costa Mesa, concerning traffic circulation at 17th Street and MOTIOWReferred to Superior Avenue, was referred to the Traffic Traffic Camdss ion Commission. Parking Prohibition On motion by Council Manber Hornbuckle, seconded by on Sturgeon Drive Council Member Buffa, and carried 5-0, a letter from Paul and Rhonda Bozarth, 557 Sturgeon Drive, Costa MOTION/Referred to Mesa, requesting parking prohibition on Sturgeon Drive, Traf f is Com dss ion was referred to the Traffic Commission. Parking Problems on Jasmine Circle MOTIOWRefe rred to Traf f is Conmiss ion Left turn Pockets on South Coast Drive MOTION Referred to Public Services Director On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, a letter from Ann Profant, 932 Jasmine Circle, Costa Mesa, concerning parking problems on Jasmine Circle, vas referred to the Traffic Conmiss ion. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, are] carried 5-0, a letter from Dave Leighton,.3105 Loren Lane, Costa Mesa, Board Member of the North Costa Mesa Homeowners Association, request- ing installation of two left -turn pockets exiting South Coast Drive at Fairview Road, was referred to the Public Services Director for a report. READING FOLDER On motion by Council Member Hornbuckle, seconded by Council Mwber Buffa, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Lawrence and Patricia Courter; Attorney Richard M. Hawkins for Dan and Ann Ford; Attorney Gary T. Mason for Alamrosa Guido; Ursula Loveless; Pacific Bell; Marla Rauls; and Allstate Insurance fDr Karen Williams. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses The Vons Companies, Incorporated, doing business at 1170 Baker Street. Apportionment of Statement from the office of the State Controller State Revenues showing the amount estimated to be paid to each city and county as its share of revenues to be apportioned during fiscal year ending June .30, 1989, from the following sources: Highway Users Taxes, Motor Vehicle License Fees, and Off-highway Motor Vehicle License Fees. Refund of Notification from the Orange County Counsel that AT&T Property Taxes Communications of California, Incorporated, served a summns and complaint on the State Board of Equaliza- tion and various counties seeking refund of property taxes paid. 1 Proposed Letter frau Philip Bettenceurt, Preview Real Estate Litigation by. Services, 110 Newport. Center Drive, Suite 200, Newport City of Irvine Beach, concerning solicitation from City of Irvine Mayor Larry Agr.an for "legal and/or financial assist- ance" ssistance" fpr litigation contemplated against the County government, and at least tree South Orange County master -planned ccmuzities. Hone Ranch Petition signed by 11 Costa Mesa residents expressing Project their support for construction of One South Coast Place (Segerstran Hane Ranch site). Day Workers/. Letters from Costa Mesa residents concerning day Human Relations workers and human relations: Ed Hauser, 2170 Maple Street, commending Council for taking steps to avoid intergroup tension by sponsoring activities such as Human Relations Week and the Human Relations Canmittee. Gloria Escalante, 266 Princeton Drive, cammending the City's approach concerning day laborers. Reverend James Nelson, 990 Linden Place, commending the City fnr its approach regarding day laborers. Bernard lUsEb, 1789 Hummingbird Drive, asking that no action be taken against day laborers unless criminal activity is involved. Antonia Alanar, 302 Cabrillo Street, stating that day laborers should not be picked up by police to be turned over to the immigration .service as has been done in the City of Orange. BUSINESS PEFMITS Notice cf Intention to Appeal or Solicit for Charitable. Purpose was received frau Purple Heart Veterans Rehab - Purple Heart ilitation Services, Incorporated, doing business as '�bterans Purple Heart Thrift Stores, 555 East Ocean Boulevard, Long Beach, by door-to-door solicitation for useable, discarded clothing and household items during the 1988 MOTION calendar year. On motion by Council Member Hornbuckle, Permit Approved. seconded by Council Member Buffa, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). United Way Notice cf Intention to Appeal or Solicit for Charitable Purpose, was received fr an United Way of Orange County, 13252 Garden Grove Boulevard, Garden Grove, by solicit - MOTION . ing funds fran June 1 through December 31, 1988. On Pennit Approved motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j). Greenpeace, U.S.A. Notice of Intention to Appeal or Solicit for Charitable Purpose was received from ,Greenpeace, U.S.A. , Incorpor- ated,.3771 Motor Avenue, Los Angeles, by door-to-door solicitation frau April 5 through May 31, 1988. On . motion, -,by Council Member Hornbuckle, seconded by Council Member.Buffa, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234(j) .' WARRANTS On motion by Council Member Hornbuckle, seconded by Council Member Buffa, Warrant Resolution 1388, includ- MOTION ing Payroll 8805; Warrant Re solut ion 1389, including Warrants .Approved Payroll 8806; arra Warrant Resolution 1390, were approved by the . following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vhmeeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Arce Attorney William M. Vlosky for Alberto D. Arce was rejected. Barnard On motion by Council Member Hornbuckle, seconded by Council. Member Buffa, arra carried 5-0, the claim from Cheryl Barnard was rejected. Boughey On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Frances R. Boughey. %us rejected. Chitjian On motion by.Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Mike Chitj ian was rejected. Norris On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Rosemarie M. Norris vias rejected. Ward On motion .by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, the claim from Attorney Milton. C. Grimes for Roderick VikLrd was rejected. Burns On motion by Council Member Hornbuckle, seconded by Council Member Buffa, and carried 5-0, an Application for Leave to Present a Late Claim from Attorney _Myron G. Cohn for Gayle Burns vas denied. ADMINISTRATIVE ACTIONS Bids received for Bid Item No. 801, Tot Lot Equipment, are on file in. the Clerk's off ice. Staff recomm ended MOTION rejecting all bids because of an error in the bid Bids Rejected for mailing . list. On motion by Council Member Hornbuckle, Bid Item No. 801, seconded by Council Member Buffa, and carried 5-0, all Tot Lot Equipment bids were rejected. Bid Iten No. 801, Bids received for Bid Item No. 801, Revision A, are on Revi s ion A, Tot file in the Clerk's office. On motion by Council Member Lot Equipment Hornbuckle, seconded by Council Member Buffa, the contract was awarded to Ortco Builders/Iron Mountain MOTION Forge, 681 South Tustin -Avenue, Suite.306, Orange, for Awarded to Ortco $7,141.52. The motion carried by the fio1lowing roll Builders/Iron - call vote: Mountain Forge AYES: COUNCIL MEMBERS: Hall, Amburgey, TVheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT.: COUNCIL MEMBERS: None Bid Item No. 804 Bids received for Bid Item No. 804, Temporary Personnel Temporary Personnel Services, are on file in the Clerk's office. On motion Services by Council. Member Hornbuckle,.seconded by Council Member Buffa, the contract was awarded to Victor MOTION Temporary Services,.151 Kalmus Drive, Suite D101, Costa Awarded to Victor Mesa. The motion carried by the 5Dllowirg roll call Temporary Services vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Hornbuckle, Buffa NOES: . COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Measure "C" Sidewalk Bids received for Measure "C'•' Sidewalk Construction Construction 1987-88 1987-88 ( sidewalk arra driveway approach construction, curb and gutter removal and. replacement, tree removal and planting, and other improvements on various streets) 1 MOTION are on file in the Clerk's office. On motion by Council Awarded to Dann Member Hornbuckle, seconded by Council Member Buffa, the Construction. contract was awarded to Damon Construction, 500 East Gardena Boulevard, Gardena, f3or $358,715.00. The motion carried by the fiollowirg roll call vote: A)ES: COUNCIL MEMBERS: Hall, Amburgey, VVhheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:, None Change Order Nos. 1 The Public Services Director- recommended approval of and 2 Charge Order Nos. 1 and 2 for $5,041.45 and $3,900.50, Moore Electrical respectively,. to the contract with Moore Electrical Contracting Contracting, 2841-E Saturn Street, Brea. The charge, orders are required to relocate a concrete vault due Undertgrounding to an. interfering sewer main line, and to realign 19th Street underground trenching .to avoid conflict with the water Utilities main in connection with Undergrounding 19th Street Utilities . fram Maple Avenue to Anaheim Avenue. On MOTION motion.by Council Member Hornbuckle, seconded by Council Change Orders Member Buffa, the change orders were approved by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Uheeler, _Hornbuckle, Buffa NOES: COUNCIL MEMBERS:. _ None ABSENT: COUNCIL MEMBERS: None Change Order "C" Dokken Engineering Plan Preparation for Widening Fairview Road Overcressirg at I-405 MOTION Change Order Approved Agreement with City of Santa Ana Fairview Road Rehabilitation MOTION Agreement Approved The Public Services Director recommended approval of Change Order "C" for $5,586.00 to the contract with Dokken Engineering, 3221 Ramos Circle, Sacramento, to prepare. plans -fpr widening. the Fairview Road Overcross- ing at .I-40.5. - The : changa order will provide for addi- tional alignment studies and exhibits to ascertain the best design , cf the channeliaation within the widening area. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the change order was approved by the fD l lcai ng roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Meeler, NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hornbuckle, Buffa None None The- Public Services Director recommended approval . of an agreement with the City of Santa Ana to include rehabil- itation cf that portion of Fairview Road within the Costa Mesa boundary in connection with Santa Ana's project to improve Fairview Road fran Sunflower Avenue north: to -Anahurst Place. The . cost to the City of Costa Mesa would be $15,000.00. On motion by Council Member Hornbuckle, seconded by Council Member Buffa, the - agreemrnt was approved, and the Mayor and Cleric were authorized to sign on behalf of the City. The motion carried by the fiol lowi ng roll call vote: AYES: COUNCIL MEMBERS: Hall, Arburgey, Vlheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS : None ABSENT: -COUNCIL MEMBERS: None Notice of Completion Design and construction of, Mesa Linda Golf Course, Golf Plan and South- Phase III, has been canpleted to the satisfaction, west Growers of the. Leisure Services Director by Golf Plan and Southwest Growers and Landscaping Company, 21251 Mesa Linda Golf Bushard Street, Huntington Beach. On motion by Council Course Member Hornbuckle, seconded by Council Member Buffa, the work -was accepted; the Clerk was authorized to f ile MOTION a Notice of Completion; authorization was given to Work Accepted release retention funds 35 . days thereafter; the Labor . . and Material Bond was ordered exonerated 7 nonths there- after; and the Performance Bond was ordered exonerated IE 12. months thereafter. The motion carried by the follow- ing roll call vote:. . AYES: COUNCIL MEMBERS: Hall, Amburgey, Wzeeler, Hornbuckle, Buffa NOES: ODUNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Improvexents at Rea Canmtnity Center have been canpleted Zagros Canpany to the satisfaction of the Leisure Services Director by Pigneri Zagros Company, 30 Wintersweet Way, Irvine. On motion Rea Cammtnity Center by Council Member Hornbuckle,-seconded by Council Member Improvements Buffa, the work was . accepted; the Clerk was authorized Improvements to f ile a Notice of Campletion; authorization was given MOTION- to release retention funds 35 days thereafter; the Labor Work Accepted and Material Bond was ordered exonerated 7 months there- Accepted after; and the Eerformance Bond was ordered exonerated Landscaping 12.nonths thereafter. The motion carried by the follow- Assessment ing roll call vote: District No. 1 AYES: COUNCIL MEMBERS: Hall, Amburgey, T,heeler, Tract Nos. 9901 Hornbuckle, Buffa and 12011 NOES: :COUNCIL MEMBERS: -None ABSENT: CDUNCIL MEMBERS: None Notice of Campletion Replacement of the Air Conditioning System at - the Costa Pacific Southwest Mesa Golf Course Clubhouse has been canpleted to the Air Conditioning satisfaction of the Leisure Services Director by Pacific Southwest Air Conditioning Canpany, 5360 East Hunter Air Condit ion i ng Avenue,: Anahe im. , On motion by Council Member System at the Golf Hornbuckle,. seconded by Council Member Buffa, the work Course Clubhouse was accepted; the .Clerk. was autinrized to file a Notice of Canpletion; authorization was given to release reterr tion funds 35 days thereafter; the Labor and Material MOTION Bond was ordered exonerated 7 months thereafter; and the Work Accepted Performance Bond was ordered exonerated 12 months there- after. The motion carried by the following roll call vote: AYES: .ODUNCIL MEMBERS: Hall, Amburgey, Hheeler, Hornbuckle, Buffa NOES: CDUNCI L MEMBERS: None ABSENT : ODUNCI L MEMBERS: None Tract No. 12860 Improvements in Tract No. 12860, located at 2206 Canyon Pigneri Drive, have been completed to the satisfaction of the 17th Street and -Public Services Director by Charles Pigner,i, 1131 East MOTION Balboa Boulevard, Newport Beach. On motion by. Council Improvements Member Hornbuckle, seconded by Council Member Buffa, Accepted -the improvements were accepted, and the $10,000.00 cash Improvements deposit was ordered exonerated. The motion carried by Accepted the fiollcwing roll call wte: Landscaping AYES: CDUNCIL MEMBERS: Hall, Amburgey, Wzeeler, Assessment Hornbuckle, Buffa District No. 1 , NOES : O.DUNCI L . MEMBERS: None Tract Nos. 9901 ABSENT: CDUNCIL MEMBERS: None Storn Drain - Storm drain improverrents within the City right-of-way at Improvements at 17th Street and Parona Avenue, Terminal Way, and within 17th Street and the City s.torn drain easement have been canpleted to the Parona Avenue satisfaction cf the Public Services Director by First American Trust Canpany, 2161 San Joaquin Hills Road, MOTION .Newport Beach. On motion by Council Member Hornbuckle, Improvements seconded by Council Member Buffa, and carried 5-0, the Accepted improvements were accepted. Landscaping On motion ty Council Member Hornbuckle, seconded by Assessment Council Member Buffa, Resolution 88-20, being A RESOLU- District No. 1 TION CF THE CITY COUNCIL CE THE CITY OF OJSTA MESA, Tract Nos. 9901 CALIFORNIA, :INITIATING PROCEEDING FOR RENEWAL OF CITY and 12011 OF QDSTA WSA LANDSCAPING ASSESSMENT DISTRICT NO. 1, MOTION Tract Nos. 9901 and 12011, located south of Sunflower Resolution 88-20 Avenua and east of Smalley Road, was adopted by the Adopted following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: (DUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Landscaping On motion by Council Member Hornbuckle, seconded by Assessment Council Member Buffa, Resolution 88-21, being A RESOLU- District No. 2 TION CF THE CITY COUNCIL CF THE CITY CF COSTA MESA, Tract No. 1.0513 CALIFORNIA, INITIATING PROCEEDINGS FOR RENEWAL CF CITY CF CDSTA MESA 'LANDSCAPING ASSESSMENT DISTRICT NO. 2, MOTION Tract No. 10513, located west of Bear Street and north Resolution 88-21 of Route 73, was'. adopted by the fiollowing roll call Adopted vote: AYES: (DUNCIL MEMBERS: Hall, Amburgey, Wleeler, Hornbuckle, Buffa NOES: CDUNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS: None Mastercard On motion by Council. Member Hornbuckle, seconded by Agreement with Council Member Buffa, Resolution 88-22, being A RESOLU- Security Pacific TION CF THE CITY COUNCIL CF THE CITY CF COSTA MESA, National Bank CALIFORNIA, -=AUTHORIZING THE EXECUTION CF A MASTERCARD AGREEMENT WITH SECURITY PACIFIC NATIONAL BANK AND MOTION AUTHORIZING LIMITED INDEBTEDNESS THEREOF, was adopted Re so lut i uon 88-22 by the - fioll owi ng roll . c al 1 vote: Adopted AYES: COUNCIL MEMBERS: Hall, Amburgey, Meeler, -Hornbuckle, Buffa NOES: CDUNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Representative On motion by Council Member Hornbuckle, seconded by in Small Claims Council Member Buffa, Resolution 88-23, being A RESOLU- Court TION CF THE CITY COUNCIL 0? THE CITY CP COSTA MESA, CALIFORNIA, APPOINTING DONNA J. THERIAULT, TAX AUDITING MOTION SPECIALIST, AS THE CITY'S REPRESENTATIVE IN SMALL CLAIM s Reso lut ion 88-23 COURT IN ALL INSTANCES WHERE CLAIMS ON BEHALF OF THE Adopted CITY CF CDSTA MESA ARE BEING ENFORCED, was adopted by the fio l lowi ng roll call vote : - - AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: (DUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None New Classifications . The City Manager recommended the addition of two new job of Park Ranger and classifications: Park Ranger and Senior Park Ranger. Senior Park Ranger On motion by Council Member Hornbuckle, seconded by Council Member Buffa, Resolution 88-24, being A RESOLU- M)TION TION CF THE CITY (DUNCIL CF THE CITY CF COSTA MESA, Resolution 88-24 CALIFORNIA, ESTABLISHING RAPES CF PAY FOR IWO CLASSI- Adopted FICATIONS OUTSIDE THE BASIC PAY SCHEDULE, was adopted by the fDllcwing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Work A request fDr refund of $5,000.00 was received frau at 361 Paularino Martin Westside Limited, 361 Paularino Avenue, Costa Avenue by Martin Mesa, since. sewer, water tie-in, and approach have been Westside Limited completed at the above address to the satisfaction of the Public Services Director. On motion by Council MOTION Member Hornbuckle, seconded by Council Member Buffa, the Refund Approved refund vias approved by the hollowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: (DUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference Advances MOTION. Advance Approved On motion.by Council umber Hornbuckle, seconded by Council Member. Buffa, a Conference Advance for $7.00.00, for the Police Chief to attend the CPOA Annual Training Conference in San Francisco, May 9-13, 1988, was approved by the fbllowing roll call vote: A]ES : ;CUUNCI L MEMBERS: Hall, Amburgey, TAbeeler, Hornbuckle, Buffa NOES: OOUNCI L MEMBERS: None ABSENT: OOUI_IL MEMBERS: None MOTION On not ion by Counc it Member . Hornbuckle , seconded by Advance•Approved Council Member Buffa, a Conference Advance for $579.00, for a police of f icer., do attend the CPQA Annual Training Conference. in- San .Francisco, May -9-12, 1988, was approved by the ,following roll call vote: AYES: OOUi_IL MEMBERS: Hall, Amburgey, Wieeler, Hornbuckle, Buffa NOES: OOUNCI L MEMBERS: None ABSSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place Revocation of set fDr the ptblic hearing to consider revocation of a Certificate .for Certificate of Public Convenience and Necessity for Harry' -s Towing Harry Baddon, doing business as Harry's Towing. The Affidavit of Publication is.on file in the Clerk's office. A.certified letter was sent to Mr. Baddon advising him of. the public ,haring, and all towing, companies within the City that have been issued certificates were . also notified. Mr. Baddon was not present. The City • Manager referred to a memorandum fran the Revenue Supervisor dated March 24, 1988, and stated that Mr: Baddon is in violation of the Municipal Code in that his personnel have not notified the Police _ .Department. of private property impounds in a timely manner, and.he.does not have. an established business location-- in Costa. Mesa. There being no speakers, the Mayor closed the public hearing., MOTION On motion by Council Member Buffa, seconded by Council Certificate Member Hornbuckle, and carried 5-0, the Certificate, Revoked of Public Convenience: and.Necessity issued to Harry's Towing Service was revoked effective April 20, 1988. PUBLIC HEAKLNG The Clerk announced .that ,this was the time and place Weed Abatement set ibr. the public hearing to consider authorizing the Fire:Chief or his designee_ to proceed with removal of :. weeds and rubbish. - A canmunication was received frau W. A. Vermolen, 998 Modjeska Circle. -,-.Costa Mesa, advising that weeds and debris : have been, removed frau_ the parcel at 2265-2267 Canyon Dr ive. The City Manager, reported that the lots identified fir clearing are subject to a review and report by the Fire Marshal prior to initiating any work. In those cases where weeds have. beenremoved, those lots will be deleted. from the list. Those lots that require weed abatement, which should be canpleted prior to the July 4 weekend,.. will be.,done. by an independent contractor and the aaners billed- on a lot -by -lot basis. There being no .speakers, the Mayor closed the public - .hearing . 1 MOTION On motion by Council Member Hornbuckle, seconded by Vice Resolution 88-25 Mayor Amburgey, Resolution 88-25, being A RESOLUTION OF Adopted THE CCTY COUNCIL CF THE CITY CCF CDSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE CF THE CITY CF (DSM MESA TO PROCEED WITH THE REMOVAL CF WEEES AND RUBBISH, was adopted by the follow- ing roll, call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented Ordinance 86-23 for second reading and adoption. The ordinance changes the zoning of R-86-10 property at 735 and 739 Paularino Avenue from R2 to,R3, Khastoq/Sariaslan/ in connection with Rezone Petition R-86-10, Khastoo/ Bachtiari Sariaslan/Bachtiari. The Development Services Director reported that the ordinance was given first reading on November 17, 1986, with ' second reading and adoption held until lots _ were combined. The applicants recorded a Lot Line Adjustnent October 16,. 1987, and the parcel now satisfies minimum lot area and width standard to justify a rezone toR3. MOTION On motion by Council Member Wheeler, seconded by Vice Ordinance 86-23 Mayor Amburgey, Ordinance 86-23, being AN ORDINANCE OF Adopted THE CITY COUNCIL CF THE CITY CF CDSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PORTIONS OF LOT 5, BLOCK "E", THE BERRY TRACT, FROM R2 TO R3, was given second reading and adopted by the fx)llowirg roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nine ABSENT: COUNCIL MEMBERS: None R-87-06 The Clerk presented Ordinance 87-6 for second reading Sariaslan/ and adoption. The ordinance rezones property at 745 and Bachtiari 749 Paularino Avenue fran R2 to R3, in connection with Rezone Petition R-87-06, .Sariaslan/Bachtiari. The Development Services Director stated that this item is the sane situation as Ordinance 86-23. First reacting was given on April 6, 1987, and second reading and adoption held until the - lots were combined. A Lot Line Adjustuent was recorded October 16, 1987. The Director reported that as of this date, all four lots have been combined into one. Council Member Wheeler- apposed this density because .of adverse impacts on the single-family residences to the north. MOTION On motion hy Council Member Hornbuckle, seconded by' Ordinance 87-6 Council Member Buffa, Ordinance 87-6, being AN ORDINANCE Adopted OF THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALI- FORNIA, CHANGING THE CONING OF PROPERTY LOCATED AT 745 AND 749 PAUTARINO AVENUE FROM R2 TO R3, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Meeler ABSENT : COUNCIL MEMBERS: None Concurrent Sales of The Clerk presented Ordinance 88-2 fpr second reading Alcoholic Beverages . and adoption. The ordinance regulates concurrent sales and Motor. Vehicle of alcoholic beverages ,and motor vehicle fuels, and Fuels establishes a procedure for regulation of such concur- rent sales. A package of material was received from Franklin D. Cole, 2482 Fairview Way, Costa Mesa, which contains studies arra reports relating to concurrent sales of alcoholic beverages arra motor vehicle fuels. Council Member Hornbuckle referred to a memorandum from the Assistant City Attorney dated February 23, 1988, which indicates that it would be appropriate to consider zoning changes that would allow fDr standards on the distances between alcoholic beverage sales sites. MMON A motion was made by Council Member Hornbuckle, seconded Held Over to by Mayor Hall, to continue this iter for 90 days (to July 5, 1988 July 5, 1988) so staff could investigate those zoning charges. She believed it would be more appropriate to consider alcoholic beverage sales in total. Council Member Buffa stated he would vote against the motion because he is opposed to Ordinance 88-2 because it would repeal the City's existing ordinance, and he believed Council was abdicating its local control to the State. He also disagreed with that portion of the memo dated February 23 which states that preemption by State law does not appear to be a problem in this case. Vice Mayor Amburgey was of the opinion that a continu- ance of 30 days was enough time for staff to investigate zoning changes. Council Member Wheeler stated that he would support the motion, and reberred tro a citizen's proposal to prohibit concurrent sales within 750 feet of certain types of activities in the City. It was his belief that Council could not do that. He had serious reservations about a situation arising where one person who is already in business can prevent other businesses from competing with him merely because of the distance limitation. The motion to continue this iten'to July 5, 1988, car- ried 3-2,,Council Members Amburgey and Buffa voting no. R-88-01 The Clerk presented Ordinance 88-5 for second reading Lawler and adoption. The ordinance changes the zoning at 2900 College Avenue from MG to R4, in connection with Rezone Petition R-88-01, Michael Lawler, Jr. Council Member Wheeler stated that the intensity pro- posed under the.R4 zoning is simply too much for the area. MOTION On motion by Council Member Buffa, seconded by Vice Ordinance 88-5 Mayor Amburgey, Ordinance 88-5, being AN ORDINANCE OF Adopted THE QTY COUNCIL CF THE CITY CF GJSTA MESA, CALIFORNIA, CHANGING THE ZONING OF PROPERTY AT 2900 GJLLEGE AVENUE FRCM MG TO R4, was given second reading and adopted .by the fDllowi rg roll call vote: AYES: GJOUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: COUNCIL MEMBERS: Wieeler, Hornbuckle ABSENT: CDUNCIL MEMBERS: None Committee The Clerk presented from the meeting of March 7, 1988, Appointments a request to appoint members bo the Fairview Park Citizens Committee, the Cultural Arts Committee, and the Council Select Advisory Committee (Airport Noise'). MOTION On motion by Council Member Wheeler, seconded by Council Members Appointed Member Buffa, and carried 5-0, Linda Feffer and Laura J. to Fairview Park Rakunas were appointed to the Fairview Park Citizens. Committee Commmittee. 1 f 1 MOTION On motion by Council Member Wheeler, seconded by Vice Appointed a Member Mayor'Amburgey,_ and carried 5-0, Irene M. Hajeck was to Cultural. Arts appointed as a member of the Cultural Arts Committee. Cannittee On motion by Council Member Hornbuckle, seconded by MOTION/Appointment Vice Mayor Amburgey, and carried 5-0, Peter G. Errico Made to Council was appointed to the Council Select Advisory Committee Select Canmittee (Airport Noise)., NEW BUSINESS The Clerk. presented from the m=eting of March 7, 1988, an application fran Kenneth L. Weyman, 2845 Mesa Verde Appeal of PA -88-13 Drive East, Suite 4, Ccsta Mesa, representing Mr. and Wayman/Cox Mrs. Jerane L.. Cox, appealing the Planning Cammission's determination of ineligibility , to file a Conditional Use Permit, Planning Action PA -88-13, for a hcxne occupation with an employee not residing on the premises, located at 214 Fairway Place in an R1 zone. Environmental Dete rminat ion : Exempt. A communication was received frau Samuel C. Case, 303 North Chestnut Street,Glenwood,, Iowa, owner of property in' the area, asking that Council uphold the Planning Commission's decision of ineligibility to file a Condi- tional Use Permit. The Development Services .Director referred to staff's m mrandum of March 25, 1988, and presented background information. Mr. and Mrs. Cox are owners of the home at 214 Fairway Place and have operated a business at that location for 15 years. The business deals with the sale and repair of sewing machines. Approximately four to six months ago, the City Code Enforce►nent Division received a complaint from a neighbor who reported that there were large trucks making deliveries to the prop- erty which generated a lot of noise. The Code Enforce- ment Officer sought to- stop truck deliveries to the property..and the Cox's have been.very cooperative by moving the repair, shipping, and receiving business bo another location at. 2925 College Avenue, Unit B-3. The Director reported that the applicant applied for a Home Occupation Permit; however, the ordinance allows minor type businesses where `there are no Employees or other persons other than permanent residents of the premises operating the business. The Code does not allow this provision to be waived. In the appeal to the City. Council, the Cox's representative, Mr. K. L. Wayman, arrgued that the Code does allow in the Rl zone, home occupations by Conditional Use Permit that have up to one client visit the horre at one time but no more than eight clients per day. Mr. Weyman felt that by having one employee cone to the horte is no nore detri- mental than allowing eight clients per day. Staff concurred with that .opinion; however, the Code still does .not allow a brie occupation type of business to employ personnel other than those wYD reside at the residence.. At the request cf the Mayor, the City Attorney expressed his opinion that the Code does not allow for a waiver of sioh a provision, but the Council could direct staff to process the application, with the thought that perhaps between tonight and the time the application is filed, there may be sore changes in the operation of the busi- ness which may justify the staff issuing a Hane Occupa- tion Permit. Also, if Council feels the Code is too restrictive, they could direct staff to review the Code ani report back to Council about, possible changes. 445 Mr. Vtyman, representing Mr. and Mrs. Jerane Cox, spoke in support of the request, pointing out that the busi- ness was in operation prior to the adoption of the City Code. He commented that one trip a day to the residence by the employee would have very little impact on the neigYborhood. Mr. Wayman emphasized the fact that Mr. and Mrs. Cox have been very cocperative with the City by eliminating both deliveries and repairs at the site, and mentioned that the neighbors have indi- cated that they are not concerned with one employee .being at the residence. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the request. He also mentioned that the, business was there prior to the enactment of the home occupation ordinance. MOTION A motion was made by Council Member Hornbuckle, seconded Staff Directed to by Council Member Meeler, directing staff to process Process CUP and to the Conditional Use Permit for this home occupation, and Review the Code directing staff to review and bring forward to Council and Report Back recommendations regarding the Hone Occupation Ordinance, to Council including the possibility of changing the ordinance to add the ability of an applicant to have one Employee on the premises provided there is no other traffic. The motion carried 5-0. Request to Add The Clerk presented a request from John Callanan, 333 Boarding Houses Crest Avenue, Huntington Beach, owner of prcperty at to the Rl Zone 1976 Orange Avenue, to change the Municiple Code by adding boarding houses as a conditional use in the Rl (Single-family Residential) zone. The Davelcpment Services Director reported that the applicant requested a Conditional Use Permit to allow a group home for up to 12 persons at 1976 Orange Avenue; however, the Planning Camnission withdrew the request because there is no provision in the Rl zone to allow a maximum of 12 people to live in a residence. As a result of this action, Mr. Callanan has presented this request. If Council were to amend the Code, Mr. Callanan could process a permit allewing up to 12 or any number of paying guests to rent rooms-, at this particular home. Presently, boarding houses are allowed by Conditional Use. Permit in R2, R3, and R4 zones only. Staff is. of the opinion that additional parking demands placed on the neighborhood and the overall undermining of the integrity of the Rl zone would make it inappro- priate to allow boarding houses in single-family neighborhoods. The applicant, John Callanan, stated that the hone on Orange Avenue is being used to house 12 recovering alcrholics, and expressed his disagreement with using the tern "boarding house" for this type of use. Mr. Callanan reported that this use has been.in existence since May 1, 1987, and is aware of only one complaint which was in regard to parking. He stated that St. Joachim Church officials support the type of service offered at the residence arra are not opposed to the number of residents. Mr. Callahan pointed cit that Orange Avenue is a heavily traveled artery with a bus route, the subject site is next to and north of three church properties, and is surrounded by the school and playground. Mr. Callanan mentioned that if there were a problem with his leasing the property to an agency, South Coast Counseling, and if it were to disqualify the site as a residential use, he would change the agreement. Attilio -Gentosi, 198.6 Orange Avenue, Costa Mesa, was opposed to allowing -this. use to operate in an Rl neighborhood. He mentioned that remodeling at the site has been done without the. proper permits. Kevin Handley, 1992 OrangeAvenue, Costa Mesa, stated that he was never told that there would be an alcoholic .rehabilitation center two houses away. Mr. Handley reported on a problem he had with one of the residents at the Callanan house. William Halloran, 1965 Orange Avenue, Costa Mesa, stated.that .he is not opposed to the rehabilitation program; however, he did ;object to the location of the facility, especially since it is so close to a grammar school. Sid Soffer, 900 Arbor Street, Costa Mesa, did not believe .the City' could regulate the number of people who could live at a -residence. Council Members lbrnbuckle, 10 heeler, and Buffa were of the opinion that the R1 area was not the proper zone for this type of use. MOTION On motion by Council Member Hornbuckle., seconded by Request Denied Council Member_Wieeler, and carried 5-0, the request to add boarding. houses as a conditional use in the R1 zone was denied. Requests to Process The -Clerk presented two requests to process General Plan General Plan Amend- Auendnents for properties located at 121 Albert Place ments and at 2101 Newport Boulevard. The Development Services Director summarized his memor- andum of March 28, 1988, which addresses both requests. The Planning The first request was from Hardy Strozier, The Planning Associates/Newport Associates, 3151 Airway Avenue, Suite R-1, Costa Mesa, Beach Budget Motel authorized agent for Newport Beach Budget Motel, 710 Wilshire Boulevard, Suite 615, Santa Monica, to change 121 Albert Place the land use designation at 121 Albert Place fran Medium Density Residential to Neighborhood Commercial. In- - conjunction with the General Plan Amendment, the appli- cant will also. request a zone change from R2 to Cl for the purpose of .adding 43 motel rooms to the adjacent 41 -roam Sea Lark Motel, 2274 Newport Boulevard. The requested amendment would provide a uniform land use designation on a single development site, but would result in an increase of potential traffic. Should Council approve the application for processing, staff requests that the study area be expanded to include the western half of the parcel to the rear. AB(3J Realty/ The second request was fran Abdul Mozayeni, ABOJ Realty Newport Mesa Land arra Investment, 18552 MacArthur Boulevard, Suite 445, Canpany Irvine, authorized agent ibr Newport Mesa Land Canpany, 301 Victoria Street, Costa Mesa, to change the land use 2101 Newport designation at 2101 Newport Boulevard frau General Boulevard Cammercial to High Density Residential. In conjunction with the General Plan Amendment, the applicant will be requesting a zone change. fran C2 .to R4. The request would allay :a: use with less traffic, but would create a pocket of High Density Residential land in the commer- cial strip that extends fran Wilson Street south along the west side of Newport Boulevard. Hardy Strozier speke in support -of the request for 121 Albert Place, stating that the expanded motel use is consistent with the str rcundi ng uses. The applicant for property at 2101 Newport Boulevard was not i present. MOTION A not ion .was made:. by Council Member Wheeler, seconded by Request for 121 Vice Mayor Amburgey, to deny the request to process a Albert Place Denied General Plan Amendment for property at 121 Albert Place. Council Menber-Wheeler stated that the line of demarca- tion between Canmercial and Residential should remain forever, because -once that line is breached, the City will receive_ more and irore requests to change land uses to camnercial. He stated that the City has plenty of camiercial property but it is running out of sufficient residential land -.to serve people who are drawn here by new jobs created. in the conmarcial areas. Council Member Hornbuckle agreed with the above cammments and stated that there is already a considerable number of hDtel/motel space along Newport Boulevard. The motion to deny the request carried 4-1, Mayor Hall voting no. MOTION A motion was made by Council Member Hornbuckle, seconded Request. for 2101 by Vice Mayor Amburgey, arra carried 5-0, to deny the Newport Boulevard request to process a General Plan Amendment for property Denied at 2101 Newport Boulevard based on the fact that zoning -along that section is all C2 and ,there would be a con- flict if residential were approved for that location. RECESS The Mayor declared a .recess at 8:20 p.m., and the meet- ing eeting reconvened at 8:35 p.m. - Referendum Petition The City Clerk reported on a Referendum Petition con - concerning the Home. cerning Resolution 88-1, . which adopted General Plan Ranch Site Amendment.GP-88-1 for the Segerstren Hare Ranch site. The petition contains 5,966 valid signatures of regis- tered . voters within the City which qualified it to be presented to the City Council. Based on the City Attorney's opinion that there is a potential for litigation, Mayor Hall suggested referring this item. to the. City Attorney. , MOTION- A motion was made by Council Member Hornbuckle, seconded Held Over- to by Vice Mayor Amburgey, to.continue this item to April April 18,. 1988 18, 1988, to allow tine for the City Attorney to prepare a report on the aspects of the referendum relative to any litigation, s:) that Council could make a lore informed decision. Council Member Wheeler was not canfortable with the motion because. there is a- possibility of litigation on almost arry action by Council, and that there may be more cf a potential .for litigation in this case if the item were not placed on the ballot, or Council's previous action. repealed;. nevertheless, he stated he would vote in favor. cE the notion. Mayor Hall suggested that Council Member Wheeler abstain fran voting because he mailed the letter to residents in the canmunity requesting that they sign the petition. Council Member Wheeler responded that since there is no financial interest on his part, nor a conflict of interest, he need not abstain. The motion to continua the item for two weeks carried 4-1,, Council Member Wheeler voting no. 11 1 Scott Williams, 3465 Santa Clara Circle, Costa Mesa, asked -%hat the indications were that lead to the belief that there may be possible litigation. The Mayor responded that 'such information is a confidential matter between the City Attorney and Council. Council Member Wheeler stated that to his knowledge, there has been no indication of possible litigation. He believed Council was hiding behind an exception to the Brown Act, and that this matter should be discussed in public. .MOTION On motion by Council Member Hornbuckle, seconded by Referendum Results Vice Mayor Amburgey, and carried 5-0, the results of Certified the Referendum Petition were certified. Liability Insurance The Cleric presented a recanmendation from the Assistant for Lions Club Fish City Attorney .to approve $3 million liability insurance Fry coverage for the Lions Club Fish Fry and Carnival to be held in Lions Paris on June 3, 4, and 5, 1988. MJTION On motion by Council Member Hornbuckle, seconded by.Vice Cenmittee Mayor Amburgey, and carried 5-0, the fb1lowing Human Appointments Relations Canmittee substitutions were approved: Cosme Approved Noriega for Eba Noriega, and Gretchen Vandewalle for Jere Vandewalle. Child Care Brochure The Clerk presented a request from the Child Care Canmittee for a brochure to be printed and mailed which would assist parents in obtaining information on local child care providers. Council Member Hornbuckle referred to a memorandum frau the Child Care Committee dated Mardi 23, 1988, which contains detailed information concerning the brochure. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, asked how many brochures would be mailed, to whom the brochures would be sent, and the cost of the project. Paul Lamas, President, Costa MesarNewport Harbor Lions Club, Incorporated, Post Office Box 10628, Costa Mesa, asked that Council accept the $3 million coverage based on the club's past record, and the fact that monies raised at the event go directly into the camunity. MOTION A motion was made by Vice Mayor Amburgey, seconded by Proposed Insurance Council Member Hornbuckle, and carried 5-0, approving Coverage Approved the $3 million liability insurance coverage. Hunan Relations The Clerk presented a report from Council Member Week and Canmittee Hornbuckle concerning a Human Relations Week event on Appointments April 24, 1988, and appointment of substitutes for two members on the Human Relations Canmittee. Council Member Hornbuckle referred to her memorandum dated March 22, 1988, announcing that as a finale to Hunan Relations Week, an "Afternoon Dessert" is being held at Rea Community Center fran 3:00 p.m. to 5:00,p.m. on Sunday, April 24. The Human Relations Canmittee will be Yionoring Monsignor Thomas Nevin with an award for his outstanding work in this field. Council Member Hornbuckle requested that Council appoint two persons to the Human Relations Canmittee as recar& mended in her memorandum. MJTION On motion by Council Member Hornbuckle, seconded by.Vice Cenmittee Mayor Amburgey, and carried 5-0, the fb1lowing Human Appointments Relations Canmittee substitutions were approved: Cosme Approved Noriega for Eba Noriega, and Gretchen Vandewalle for Jere Vandewalle. Child Care Brochure The Clerk presented a request from the Child Care Canmittee for a brochure to be printed and mailed which would assist parents in obtaining information on local child care providers. Council Member Hornbuckle referred to a memorandum frau the Child Care Committee dated Mardi 23, 1988, which contains detailed information concerning the brochure. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, asked how many brochures would be mailed, to whom the brochures would be sent, and the cost of the project. Mayor Hall responded that the ccst to print the brochures would be $2,000.00 for 44,000 copies, with the possibility that an additional 3,000 copies may be needed for mailing. The memorandum states that the cption of mailing these brochures with the Leisure Services Fall Catalog is being explored. Mr. Williams asked if this would be a form of advertis- ing for child care providers. Council Member Hornbuckle responded that the brochure is an attempt to assemble information for parents on what services are available in the conmunity for child care services, including nonprofit and church programs. MOTION On motion ty Council Member Hornbuckle, seconded by Vice Printing and Mayor Amburgey, approval was given to print and mail the Mailing Brochures brochures. The motion carried by the following roll Approved call vote: AYES: . COUNCIL MEMBERS: Hall, Amburgey, TAheeler, Hornbuckle, hbeeler NOES: COUNCIL MEMBERS: None ABSENT: OOUWIL MEMBERS: None Appointments to The Clerk presented a request fron Council Member Senior Citizens Hornbuckle to appoint additional members to the Senior Ccmmi.ttee Citizens Canmittee. Ceuncil Member Hornbuckle referred to her memorandum dated March 30, 1988, and asked that Council approve the reconmandations contained therein. MJTION On motion by Council Member Hornbuckle, seconded by Vice Appointments Mayor Amburgey, and carried 5-0, the following action Approved vas taken concerning the Senior Citizens Cammittee: The resignations of Bill Bandaruk and Bob Hanson were accepted. Alternates Louise Lenton and Mary Bennett were appointed as regular canmittee members with their temns ending in 1989. Alternate Bob Ford was appointed as a regular cammi ttee member with his terns ending in 1990. Marie Maples and Anne Shereshevsky ware reappointed to the canrdttee for two years with their terms ending in 1990. Michael Vivian arra Clifford Endsley were appointed as alternate cc mtittee members. Fairview Park The Clerk presented a request for Council to select a Name Contest name fx:)r Fairview Park as a result of a recent competition. The City Manager, referred to the list of names selected by the Fairview Park Citizens Committee for renaming Fairview Park, as wall as a list of all names submitted for the contest. He requested that Council make a selection from the names submitted, or recommend a name not shown on the list, or table the item for further discussion at a later date. MOTION Vice Mayor Amburgey stated that after reviewing the Retained Nacre of names submitted for the park, and taking into consider - Fairview Park ation the history of Costa Mesa which indicates that the I- I I. town was originally called Fairview, he would prove to retain the nacre of Fairview Park. The motion was seconded by Council Member Hornbuckle. Council Member Hornbuckle commented that she reviewed the many names sLbmitted, and none of the those names impressed her as being a nacre that would stick. She stated that the park has been known as Fairview Park for marry years and she believed most people would continue to use the nave of Fairview Park. Council Member Buffa vehemently opposed the motion. He preferred the name, The Bluffs, because that is what the park has been called in the past. Council Member Wheeler stated that it really does not natter what people call it now because when a park is renamed then eventually, maybe 10 years down the line when half the population is new, people will call it by the name chosen. He preferred The Bluffs over Fairview Park, and mentioned several other names he liked. Council Member Hornbuckle mentioned that four people submitted.Fairview Park as a name, and if that name were chosen, she assumed one of those four people would be chosen winner of the contest. Mayor Hall caEnmented that Costa Mesa was once known as Fairview, and indicated that he preferred the name of Fairview Park also. The motion to retain the nave of Fairview Park carried 3-2, Council Members Wheeler and Buffa voting no. Closure of The Clerk presented a request to reconsider closure of Princeton Drive Princeton Drive between Harbor Boulevard and Fairview Road. The original request for closure of the street was submitted by Carl Bureman, 447 Princeton Drive. Staff found that Princeton Drive does not meet the Traffic Commission Guidelines for street closures, and recommended denial. Mayor Hall announced that Carl Busman was in attendance earlier in the evening and indicated that he wanted the residents in the area to have the opportunity to discuss this item in more detail. Mr. Bureman would like to have the item continued for 90 days, or referred back to the Traffic Commission for recons iderat ion in 60 or 90 days, with direction from Council that although the street did not neet the criteria for closure as far as traffic is concerned, the Commission should rehear the request. MOTION A notion was made by Council Member Hornbuckle, seconded Referred Back to by Mayor Hall, to refer this item back to the Traffic Traffic Commission Commission, with the understanding that Council realizes the street does not meet the criteria for daily vehicle trips, but that the community has expressed considerable interest'in having the street closed and there is some value in locking into it further, aryl recamnending that the item be scheduled for the first Traffic Commission meeting in June. Council Member Wheeler commented that if Council ignores the criteria which were set for street closures, Council should give the Traffic Canmission some direction as to when Council would ignore their own rules, which is being done in this case. He did agree that there are 2 special factors present and offered an amendment to the mot ion : add a direction to the .Traf f is Cammiss ion to consider any other special factors such as the testing of autormbiles on Princeton Drive as an overriding cons ideration. AMENDED MOTION Council Member Hornbuckle amended her motion by adding Gave Further the above recammndation frau Council Member Wheeler, Direction to the deleting that portion of the motion which states that Traffic Canmiss ion; the request shall be heard. at the Traffic Canmiss ion' s Changed Date When first meeting in June, and instead, referring the item Traffic Cammission to the first available Commission meting after a peti- Should Hear Request tion has been submitted by the residents. The amended motion was seconded by Mayor Hall. Vice Mayor Amburgey mentioned that some time ago, the City was inundated with requests.for street closures, and thereafter, guidelines were established to assist the Traffic CamAss ion in this .regard. It was his opinion that if Council deviates frau those guidelines, it is the responsibility of Council to hear the request, not the Traffic Canmission's. Council Member Wheeler stated that the Vice Mayor's comments convinced him to change his mini about refer- ring the item back tD the Traffic Canrni_ssion and he decided that Council should hear the request. Council Member Buffa supported the motion, stating that the guidelines :are not set in concrete, and new informa- tion concerning test driving on the street may override traffic criteria. The anended notion carried 3-2, Council Members Amburgey and Wheeler voting no. Speed Limit Signs Item 5 on the Consent Calendar was presented: A letter on Iowa Street fran Liz Meyer, Vice President, Mesa Verde Villas Home- owners Association, 1633 Iowa Street, Costa Mesa, concerning speed limit signs on Iowa Street between Gisler Avenue and New Hampshire Drive. Responding to a question fran Council Member Buffa, the Public Services Director reported that he sent a letter to Liz Meyer dated March 10, 1988, informing her that on March. 9, 1988, new signs .were installed on Iowa Street east and west of New Hampshire Drive, east of California Street, and north of Gisler Avenue. No Action Taken In view of the above information, no action was taken. Change Order No. 1 Item 16(a) on the Consent Calendar was presented: Challenge Change Order No. 1 for $164,500.00 do the contract with Engineering Challenge Engineering, Incorporated, 4761 Lincoln Ave- nue, Cypress. The change order is to incorporate plant - Measure "C" Parkway ing of new trees in connection with Measure "C" Parkway Maintenance 1987-88 Maintenance 1987-88.(tree removal, curb and gutter and sidewalk removal and replacement, and other improvements on various streets). Council Member Wheeler conmented that this item is phrased as a change order; however, it is an attempt to add additional work to an existing contract. He noted that the reason given for adding,the tree work to the present contract was that it would reduce inconveniences to property owners. Council Member Wheeler reported that he .received a phone call from his landlady on March 8, 1988, about work being done by Challenge 1 Engineering in front of the apartment building in which he res ides. He vas told that the workmen had torn out the sidewalk and the only means of ingress and egress from the apartent camplex would be closed. Council Member Wheeler stated that when he confronted the work- rren about the problem, they were very rude, and the supervisor did not notify the landlady v&ren the work would be completed as he asserted he had. He contended that this charge order is a backdoor attempt to award a large contract, and was of the opinion that the work for installation of trees should go cut to bid. At the request of Mayor Hall, the City Manager reported that Council Member Wheeler brought the aforementioned problem to his attention on the day the incident occurred, then staff followed up, and the problem at the apartrrent complex was corrected. The Manager stated that he believed Council Member Wheeler received an apology from Challenge Engineering. He canmented that staff attempts to notify property owners well in advance of start of construction but the notification system is not a .perfect program and mistakes are made. The City Manager expressed his opinion that to delete the change order from this contract, and go cut to bid for tree planting, will cause a significant delay in parkway construction because the trees should be planted at _the tine curb, gutter, and sidewalk work is done. Vice Mayor Amburgey asked if any other formal camplaints about this contractor have been received. The Public Services Director responded that to his knowledge, there had not been any others received. Council Member Wheeler reported that a gentleman in his building also had sone problems with the laborers. Discussion ensued as to whether or not the grange order could cause legal problems. Council Member Buffa stated that Council Member Wheeler raised some valid points, and he was interested in knowing about the contractor's track record. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, stated that a change order for such a substantial amount should not be permitted unless it is an exception to the rule. After further discussion, Mr. Williams spoke again about there being a Covernrrent Code Section which regulates competitive bidding. William Folder, 1628 WAte Oak Street, Costa Mesa, was of the opinion that the additional work should go cut to bid. Council Member Hornbuckle asked what affect it would have on the project if the grange order were deleted and the additional work went out to bid. The City Manager responded that it would disrupt present construction and irrigation work. He also mentioned that staff canpared the price quoted by Challenge Engineering with other contractors and the prices were comparable. Council Member Wheeler made a motion to reject the change order and to go out to bid for the additional work. The motion died for lack of a second. Motion Made to A motion was made by Vice Mayor Amburgey, seconded by Approve Change Council Member Hornbuckle, to approve the change order. Order Further discussion followed. SUBSTI'IUTE .MDTION A motion was made by Council Member Hornbuckle, seconded Held Over to by Council Menber Buffa, to continue this item to April 18, 1988 April 18, 1988, in order to resolve some of the issues that have been raised, and to obtain staff's estimates, so Council could make a more informed decision. Vice Mayor Amburgey objected to delaying the project. The motion to continue the item for two weeks carried 3-2, Mayor Hall and Vice Mayor Amburgey voting no. Agreement with Item 17(b) on the Consent Calendar was presented: An First American agreement with First American Title Insurance Company, Title Insurance 114 East Fifth Street, Santa Ana, for $77,500.00, to provide professional services in connection with the Victoria Street Victoria Street widening from Canyon Drive to Harbor Widening Boulevard. Council Member Wheeler stated that he is opposing the contract because widaning of Victoria Street will require taking nearly 100 homes, and he is against the project fDr.that reason. He cemented that the project will benefit residents of Huntington Beach to the detriment of Costa Mesa residents. MOTION On motion by Council Member Buffa, seconded by Council Agreement Member Hornbuckle, the professional services agreement Approved was approved by the following roll call vote: AYES: OJUNCI L MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: CDUNCIL MEMBERS: None North Costa Mesa Item 24 on the Consent Calendar was presented: Resolu- Development Trip tion which would document North Costa Mesa development Charges trip charges in terms of standard units of development. Removed from At the request of the City Manager, this item was Agenda removed from the Agenda and will be brought back to Council at a later date. CITY ATTORNEY The City Attorney stated that it was no longer necessary REPORTS to hold a closed session. CITY MANAGER The City Manager presented a Memorandum of Understanding REPORTS (MOU) with the South Coast Metro Alliance concerning formation of the South Coast Metro Transportation MOU/South Coast Management Association. Metro Transporta- tion Management The City Manager summarized his memorandum of March 30, As sociat ion 1988, explaining that the MOU will create a private sector/public sector program for reducing vehicle trips in the North Costa Mesa/South Santa Ana area. The area is bordered by MacArthur Boulevard to the north, State Route 55 to the east, Interstate 405 to the south, and the Santa Ana River to the west. The Association consists of the Orange County Transit District (OCTD); South Coast Metro Alliance, composed of area developers; South.Coast Metro Executive Task Force, composed of area employers, and the cities of.Ccsta Mesa and Santa Ana. Separate agreements will follow after the MOU is approved to establish a financing mechanism for the newly created Association. Neither the City of Costa Mesa nor the City of Santa Ana will be expected to participate in the financing arrangements. The City Manager gave credit to the private sector for this effort, and reported that the program will be jointly funded by the business camnunity and OCTD. 1 1 Vic Boyd, President of the South Coast Metro Alliance, reported that this organization was formed approximately 4-1/2 years ago in.an effort to establish a separate identity for this ganeraL area only. He explained that the Alliance is a group of developers from various industries: hotel, office, retail, and residential. The purpose of the Association is to solve and mitigate transportation problems by promoting ride -sharing, flexible work schedules, and other traffic reduction treasures by businesses. Responding to a question from Council Member Wheeler, Mr. Boyd reported that he believed the proposed program would qualify ander the Air .Quality Management District (AQMD) requireirents.: The City Manager reported that the County of Orange, and the cities of Fullerton, Cypress, and Costa Mesa, ' are the only cities in the Southern California basin that are being considered as a special case program with the AQMD, not because they are asking for relief, but because they are proposing to do much lore than other areas in the basin. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, contended that the South Coast Metro area should exclude the area west of Bear Street and east of Fairview Road. He also nentioned that the Council should not approve a Memorandum of . Understandinig that says traffic congestion is nore important than the quality of schools and crine. Mayor Hall suggested that Mr. Williams mention the latter issue to the no -growth people in the County who say traffic congestion is more important than schools and crime. MOTION A notion was made by Council Member Buffa, seconded by MDU Approved Council Member Hornbuckle , to approve the Memorandumof Understanding for fonnation of the South Coast Metro Transportation Managencent Association and assign a staff "liaison. Council Member Buffa canmended the businesses involved in this of fort, and thanked the representatives fran OCTD who worked long and hard on the programa Council Member Buffa also nentioned that recent polls throughout the County show that the great majority of people say the traffic issue is their first concern, and crima is very low on the list. Council Member Wheeler com wn ded the South Coast Metro Alliance, and pointed out that no tax dollars will be used for this program. Council Member Hornbuckle expressed her pleasure with the group of business people in the community who have chosen to be part cf. the traffic solution. before they are ordered to be.a part of it. She congratulated the South Coast Metro Alliance for producing this innovative- program. The motion to approve the MOU carried by the following roll AYES: CUUNCIL MEMBERS: NOES: ODUNCI L MEMBERS: ABSENT: ODUNCIL MEMBERS and assign a staff liaison call vote: Hall, Amburgey, 10heeler, Hornbuckle, Buffa None None 5 ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, spoke about CCMMUN ICATIONS people driving, during peak traffic hours; asked for donations towards . X ize money for the contest to resolve Soffer Canments traffic problems; the boarding house item which was heard earlier in the evening; Council Members talking among themselves while people are speaking; allowing the ,public to speak before a motion is made; and the slow -growth initiative being defeated in the City of Seal Beach. Mr. Soffer then proceeded to ask for one dollar from each Council Member for the aforementioned .contest. Sid Sof fer spoke fran the audience making remarks about Council Member Wheeler's not supporting the contest. Council Member Wheeler asked for permission to respond to Mr. Sof fer's remarks. MDnON Pennitted Council A notion was made by Council Member Buffa, seconded by Member Wheeler to Council Member Wheeler, to allow Council Member Wheeler Respond to Sof fer's one minute to respond 'to Mr. Sof fer's canaents. The Cannrents motion carried 3-2,'May6r Hall and Vice Mayor Amburgey voting no. Council Member Wheeler addressed Mr. Soffer, stating that it is often easy to make blanket canments that simply ignore the facts and realities of what has happened.., He cann anted that he would not deny Mr. Soffer the pleasure of making these comments, but he believed that most people who watch the meetings on television or attend the meetings give his statements all the credibility and validity that they are worth. Council Member Wheeler stated that he had no problem with Mr. Soffiar speaking as long as he wanted, but he objected to Mr._ Sof fer's shouting at him from the audience area. General Plan Scott Williams,3465 Santa Clara Avenue, Costa Mesa, Steering stated that he serves on the General Plan Steering Committee Ca mi.ttee, and the canmittee members would like to have a Joint Study Session with Council to discuss committee reconmendations, mailing a survey to the citizens of the community, and having an additional meeting to obtain more input fior the General Plan. Hogan-Shereshevsky Anne Hogan-Shereshevsky, 2152 Elden Avenue, Costa Mesa, Comments member of the Senior Citizens Committee, canmented on several subjects. She expressed her disappointment that the Agenda for tonight's Meting did not include an item concerning the location of the new Senior Citizens Center. She stated that this issue has been delayed too long. .Ms. Hogan-Shereshevsky stated that there is only one driver for the, seniors van, and when that person is ill or on vacation, the seniors have no means of transportation. She suggested Hiring more drivers. She reported that a senior asked her why there are so many motels on Newport Boulevard arra nore being approved for construction. She suggested that some of the older motels could be used for senior housing: Ms. Hogan-Shereshevsky canplained about the large billboard located above a store at 18th Street and Newport Boulevard. She asked if this type of bill- board is allowed under the City Code. I- I 457 She mentioned that the sidewalk on Tulip Lane near Orange Avenue is raised approximately 8 to 10 inches and could ' cause serious injury. She also mentioned that Orange Avenue is in need of new sidewalks. Ms. Hogan-Shereshevsky mentioned that signs along the 405 and 55 freeways, show the City's population as 71,.500 and. 72,400. She stated that it was her under- standing that the population is now at 89,909, and asked what the cost would be to correct those signs. Mayor Hall indicated that staff will investigate all the items she mentioned. Birthday Luncheon Carl Burerran, 447 Princeton Drive, Costa Mesa, camianded for General staff, especially Ann Gyben of the City Manager's Westmoreland office, for the birthday luncheon held for General Westmoreland., COUNCILMANIC Council Member Wheeler reported on the recent trip to COMMENTS Washington, D.C. by four members. of the Council. He specifically addressed the meeting he, Vice Mayor Meeting with Amburgey; and Council Member Buffa had with representa- INS Officials tives of the Border Patrol Division of the INS (Immi- gration and Naturalization Service). The Border Patrol .officials indicated that they are no longer interested in conducting sweeps of illegals and deporting them. Their present priorities are two -fold: enforcement against employers, or employer sanctions fior hiring undocumented workers; arra an emphasis on public rela- .tions regarding the amnesty program, and encouraging eligible people to register. Council Member Buffa also commented on the meeting with INS officials. He was of the opinion that a great part of the - Country's problem is that the border, is allowed to remain open deliberately because of_,Xessure from .powerful lobbyists. He reported. that during the meeting in Washington, D.C. , they. were _told that the total national budget f3Dr the Border Patrol. is $209 million, with a total of 3,000 officers; fbr the entire border of the .. United States. Council Member Buffa also mentioned that the starting salary. frr Border Patrol personnel is $14,000.00 per year, and it is almost impossible for INS to recruit people at that salary. Department of Referring to the meeting with the Department of Trans - Transportation portation, Council Member Buffa stated that those Meeting officials would rather have cities take their problems elsewhere. He noted that when a problem is addressed, those officials usually suggest that the issue be referred to the State. He did admit that the officials were cooperative when soma problems were Trent ioned , such as the I-405 Access Study. Request for Funds Council Member Buffa reported that he has received'an from South Coast emergency request from the South Coast Symphony on a Symphony matching grant whidn they must exercise this month or they will lose the grant. The' emergency request is for $12,000.00 to finance certain concerts. Council Member Buffa stated that he will present the request in a memorandum for the next Council meeting. Council Member Hornbuckle commented that she might be inclined to consider that request provided there is a reduction in the anount that organization receives from the Cultural Arts grants. Department of Vice Mayor Amburgey reported that the meeting with Transportation personnel of the Department of Transportation was very Meeting enlightening in that they assured the Council Members of the Department's desire to cooperate. He stated that he was locking forward to meeting with local representa- tives in the hope of having a very productive year in 1988 as far as transportation is concerned. INS Meeting Vice_ Mayor Amburgey stated that in regard to the meting With INS representatives; he understood that just prior to their rreetinng, the INS officials met with the County of Los Angeles representatives concerning a County Deputy Program to assist the Border Patrol to perform some of the INS duties. He concurred with Council Member feeler's cammnts that INS is not interested in making sweeps of illegals, but were interested in cooperating with municipalities wherever they are needed.' The Vice Mayor mentioned that INS has been allotted additional overtirce pay in order to have officers spend more time with municipal governments. April Study Vice Mayor Amburgey reported that he, Council Member Session Buf fa, and the City Manager will not be able to attend the Study Session scheduled for April 11, 1988, and asked that the Study Session be rescheduled for another date. Since the Council Members could not agree on a date, the City Manager was directed to set a new date for the Study Session which will be acceptable to all Council Members, arra make such notifications as required by law. ADJOURNMENT The Mayor declared the me ing adjou ned 10 5 �.m. Mayor of the City of Costa Mesa ATTEST:- .. - C kty Clerk of the City of C Mesa f