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HomeMy WebLinkAbout04/18/1988 - City Councila 1 REGULAR MEETING CF THE CITY COUNCIL QTY OF COSTA MESA APRIL 18, 1988 I The City Council of the City of Costa Mesa, California, net in regular session April 18, 1988, at 6:30 p.m., in the Council. Chambers of City Hall, 77 Fair Drive, Costa Mesa. The neeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Conrad Nordquist, St. John the Episrepal Church. ROLL CALL Council Members Present: Hall, Amburgey, Vlheeler, 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 April 4, 1988 Council Member Wheeler, and carried 5-0, minutes of the regular neetirg of April 4, 1988, were approved as distributed. ORDINANCES A notion was made by Council Member Buffa, seconded by Council Member Vlheeler, aril carried 5-0, to react all ordinances by title only. PROCLAMATION Council Member Wine eler read a portion of the proc lamat ion Holocaust Victims declaring April 10-17, 1988, as "Days of Remembrance of the Victims of the Holocaust" and presented the document to Rabbi Rosenthal who, on behalf of the Jewish community of Costa Mesa, thanked Council. PROCLAMATION The Mayor read a proclamation declaring April, 1988, Cable Television as "Cable Television Month" and presented the document Month to Robert ,D. Ashbrock, General Manager, Copley/Colony Cablevision. CONSENT CALENEAR The folloiaing item was removed frau the Consent Calendar: Item 10(c), Construction of Southbound Fairview Road Right -Turn --Only lane to Northbound I-405 Onramp: can- mence project construction within three years and do not require financial participation fran C. J. Segerstran and Sons other than funds frau Central Orange County Circulation Study (CENTROCCS) assessments or development trip charges. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN On motion by Council Member Hornbuckle, seconded by COMMUNICATIONS Vice Mayor Amburgey, Resolution 88-26, being A RESOLU- TION CF THE CITY COUNCIL OF THE CITY CF COSTA MESA, Records CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE Destruction for FINANCE DEPARTMENT CF THE CITY OF COSTA MESA, PURSUANT Finance Department TO ORDINANCE NO." 75-60, was adopted by the following roll call vote : . MOTION AYES: ODUNCIL MEMBERS: Hall, Amburgey, Wieeler, Resolution 88-26 Hornbuckle, Buffa Adcpted NOES: ODUNCIL MEMBERS: None ABSENT: ODUNCIL MEMBERS: None Request for Funds, On motion by Council Member Hornbuckle, seconded by - Disaster Items Vice Mayor Amburgey, and carried 5-0, a letter from the faculty at C. W. TeWinkle Intermediate Middle School, MOTION/Referred to 3224 Cali fx)rnia -Street, Costa Mesa, requesting a Camnunity Service $4,000.00 contribution to purchase disaster recovery Grant. Review first aid supplies and a storage area, was referred to the next Community Service Grant Review in June, 1988. READING FOLDER On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Leslie J. Marshall; Athey Anast; and Mercury Insurance Group for Jeanette Jacobs. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Hyang Seon Lee and Sang Ho Lee, doing business as . Taco Village,.2300 Harbor Boulevard, Suite 5; and, Cucina, Incorporated, doing business as Dezigns, 580 Anton Boulevard, Suite 210. Day Workers Letters fran George A. Gutman, 3080 Tyler Way, Costa Mesa, and Margie Allard Norton, 1082 Visalia Drive,. Costa Mesa, expressing opposition to any proposed harassment of day workers. WARRPNT On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, Warrant Resolution 1391, includ-. MOTION ing Payroll 8807, xAas approved by the fiellaaing roll Warrant Approved call vote: AYES: ODUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: ODUNCIL MEMBERS: None ABSENT: OOUNCIL MEMBERS: None 1 1 REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, arra carried 5-0, the claim frau Pacific Pacific Bell Bell was rejected. Munoz On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim fran Charles Munoz vias rejected. Rauls On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim frau Marla Rauls vias rejected. Courter On notion by Council Member Hornbuckle, seconded by Vice Mayor.Amburgey, and carried 5-0, the claim fran Lawrence and Patricia Courter was rejected. Williams On motion by Council Member Hornbuckle, seconded by Vice . Mayor Amburgey, and carried 5-0, the claim fran Allstate Insurance for Karen Williams was rejected. Sanchez On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim fran Jorge -Sanchez, a minor, and Rosa Margarita Sanchez, guardian, vas rejected. ADMINISTRATIVE Bids received for Bid Item No. 805, Remodel Women's ACTIONS Locker Room at Downtown Community Center, are on file in the Clerk's office. On motion by Council Member Bid Item No. 805 Hornbuckle, seconded by Vice Mayor Amburgey, the. con - Remodel Women's tract was awarded to Frank Ricigliano Construction Locker Roan Company, 1235 East Washington Street, Lang Beach, for $11,829.00. The motion carried by the following roll MOTION call vote: Awarded to Frank AYES: COUNCIL MEMBERS: Hall, Amburgey, Wieeler, Ricigliano Hornbuckle, Buffa Cons truct ion NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase Traffic Staff requested authorization to purchase Traffic Counters arra. Counters and Miscellaneous Software from sole source Miscellaneous vendor Henbenger Incorporated, 400 Atlas Street, Brea, Software fior $17,700.00. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the purchase was MOTION approved by the fallowing roll call vote: Purchase Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Vlheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "A" The Public Services Director recommended approval of Pavement Management Charge Order "A" for $2,540.00 to the contract with Systems Pavement Management Systems, Post office Box .16774, Irvine, for additional work in connection with Design Design Level Level Dynaflect Testing and Analysis for Bristol Street Dynaflect Testing frau Anton Boulevard to Sunflower Avenue. On motion by and Analysis Council.Member Hornbuckle, seconded by Vice Mayor Amburgey, the change order was approved by the following NOTION roll call vote: Change_ Order AYES: COUNCIL MEMBERS: Hall, Amburgey, Wieeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Charge Order "B" The Public Services Director recommended approval. of Brown and Caldwell Change Order "B" for $12,100.00 to the contract with Bron and. Cald%Bll, 150 South Arroyo Parkway, Pasadena. Cherry Lake The change order is required to redesign and layout a S,tomm Drain portion of the main line which lies adjacent to a high pressure gas line in connection with the Design of the MOTION Cherry Lake Storm Drain System. On motion by Council Change Order Member Hornbuckle, seconded by Vice Mayor Amburgey, the Approved charge order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order "E" , Budget Adjustment No. 88:100/IWA Engineers I-405 Access study POTION Change Order and Budget Adjustment Apporwed The Public Services Director recommended approval of Charge Order "E" in an amount not to exceed $57,112.00, to the contract with INA Engineers, 17390 Brockhurst Street, Suite 100, Fountain Valley, and Budget Adjustment 88-100 for $46,500.00, for additional alignment studies necessary to complete the Interstate 405 Freeway Access study. On motion by Council Member Hornbuckle, seconded ,,,\\ by Vice Mayor Amburgey, the change order and budget adjustmrent were approved by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None Construction of On motion ,by Council Member Hornbuckle, seconded by Vice Southbound Fair- Mayor Amburgey, the following action was taken in corn view Road Right nection with Construction of Southbound Fairview Road Turn -Only Lane .Right Turnr-Only Lane to Northbound Interstate 405 as to Northbound recamended by the Director of Public Services: I-405 Onramp Accu easement frau C. J. Segerstrom and Sons, 3315 MMON Fairview Road, Costa Mesa. Staff Recon- mendations Allow a credit of up to $174,240.00 to the C. J. Approved Segerstrom arra Sons Developrrent Trip Charge account. Approve Budget Adjustment No. 88-99 for $471,000.00 for Fairview Road overcrossing at the Interstate 405. The motion carried by the hollowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, 'o heeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The item concerning camrencenent of project construction and financial participation was discussed later in the meeting. Conference Advances On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, a Conference Advance for $820.00, MOTION for a police officer to attend the 1988 L. E. I. U. Na - Advance Approved tional Training Seminar in Zbronto, Canada, from May 2-7, 1988, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Cnheeler, Hornbuckle, Buffa NOES: NUNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Council Member Hornbuckle, seconded by, Advance Approved Vice Mayor Amburgey, a Conference Advance for $685.00, for a police officer to attend the Advanced Financial Investigation Conference in Sacramento, May 15-20, 1988, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler, Hornbuckle, Buffa NOES: COUNCIL iME MBERS : None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the neeting of April 4, 1988, options concerning Referendum Petition regarding Resolu- Referendum Petition tion 88-1, which adopted General Plan Amendment GP -88-1 concerning the Hare for the Segerstron Hare Ranch site, as outlined in a Ranch Site . confidential memorandum from the City Attorney dated April 14, 1988, A letter has been received from Robert E. Currie, Attorney, Latham and Watkins, 650 Town Center Drive, Costa Mesa, contending that the referendum is invalid and stating opposition to its being submitted to the electorate for. vote. I- The City Attorney recommended that this item be con- tinued to the meeting of May 16, after the General Plan Arrendnent court date of April 28. _ Council Member Wheeler was in favor of placing the Referendum on the ballot at this time and if, at a later date, it was necessary to rescind it, it could be done without delaying action at this time. In reply to a question posed by Council Member Hornbuckle, Parking Structure/ The Clerk presented a report from the Development Shuttle Bus Services Department concerning a letter received fron Nuisance Robert E. Moody, 632 Shasta Lane, Costa Mesa, regarding the location of the parking structure for the Bristol Plaza complex, as shown on the original plan, the bright lights in the -parking lot, the nuisance created by large diesel powered shuttle buses used to shuttle employees from the Bristol Plaza parking structure to South Coast Plaza during the holiday season, and proposed shuttle service to the Performing Arts Center. The Development Services Director outlined staff's analysis and background information regarding the con - ceras expressed in Robert Moody's letter. Staff has had ccm mugication with the owner of the property aril is in the process of attempting to reduce the problems as contained in a merrorandum dated April 14, 1988. MOTIOWStaff A notion was made'try Council Member Hornbuckle, seconded to Investigate . by Vice Mayor Amburgey, arra carried 5-0, directing staff Contirued to to investigate the parking lot lights which were not May 2, 1988 addressed instaff's merrorandum and to report back at the meeting of May' 2, 1988: NEW BUSINESS The Clerk presented a request from the Housing and HCIA Ad Hoc Community Development Act (HCDA) Ad Hoc Canmittee to Committee/Rehabil- increase:the maximum Housing Rehabilitation Deferred itation Than Paynent Loan amount from $71,500.00 to $10,000.00. the City Attorney reported"that the City Clerk has in- fomed him that August 12 is the last day the Referendum could be subndtted to the Registrar of Voters for the November ballot. It is now'too late for the June ballot. MOTION A motion was mach by Vice Mayor Amburgey, seconded by Continued to Council.Member Buffa, to continue the Referendum May 16, 1988. Petition to the neeting of May 16, 1988. The motion carried 4-1, Council Member Wheeler voting no. Change Order No. 1 The Clerk presented from the meeting of April 4, 1988, Challenge Change Order No. 1 for $164,500.00 to the contract with Engineering Challenge Engineering, Incorporated, 4761 Lincoln Avenue, Cypress. The change order is to incorporate planting Measure "C"_Parkway new trees in connection with Measure "C" Parkway Main - Maintenance 1987-88. tenance 1987-88 (tree removal, curb and gutter and sidewalk removal and replacenent, and other improvements. on various street's). As a result cf additional information received since his merrorandum of April 13, 1988, the Director cf Public Services reconmanded that the amount of the change order be reduced to $64,500.00. William Polder, 1628 Vhite Oak Street, Costa Mesa, requested that the work be performed by a licensed landscape architect. MMON A motion was made by Vice Mayor Amburgey, seconded by Charge Order Council Member Buffa, to approve the charge order in Approved the amouzit of $64,500.00. The motion carried by the fD l lcwi rg roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, !Wheeler, Hornbuckle, Buffa NOES: 03UNCIL MEMBERS: None ABSENT: NUNCIL MEMBERS: None Parking Structure/ The Clerk presented a report from the Development Shuttle Bus Services Department concerning a letter received fron Nuisance Robert E. Moody, 632 Shasta Lane, Costa Mesa, regarding the location of the parking structure for the Bristol Plaza complex, as shown on the original plan, the bright lights in the -parking lot, the nuisance created by large diesel powered shuttle buses used to shuttle employees from the Bristol Plaza parking structure to South Coast Plaza during the holiday season, and proposed shuttle service to the Performing Arts Center. The Development Services Director outlined staff's analysis and background information regarding the con - ceras expressed in Robert Moody's letter. Staff has had ccm mugication with the owner of the property aril is in the process of attempting to reduce the problems as contained in a merrorandum dated April 14, 1988. MOTIOWStaff A notion was made'try Council Member Hornbuckle, seconded to Investigate . by Vice Mayor Amburgey, arra carried 5-0, directing staff Contirued to to investigate the parking lot lights which were not May 2, 1988 addressed instaff's merrorandum and to report back at the meeting of May' 2, 1988: NEW BUSINESS The Clerk presented a request from the Housing and HCIA Ad Hoc Community Development Act (HCDA) Ad Hoc Canmittee to Committee/Rehabil- increase:the maximum Housing Rehabilitation Deferred itation Than Paynent Loan amount from $71,500.00 to $10,000.00. The City Manager reported that the most recent Housing arra Urban Developimnt nonitoring determined that the present $7,500.00 is not always sufficient to correct substandard conditions when homes are rehabilitated, as presented in staff's memorandum of April 18, 1988. MJTION On motion by Council Member Buf fa, seconded by Vice Increase Approved Mayor Amburgey, the increase from $7,500.00 to $10,000.00 was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, 6heeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Council Members Buffa and Hornbuckle cammended Alex Skarbek fbr his Excellent work in connection with this ongoing program. Harbor/Maple The Clerk presented a reccmrendation from the Director Storm Drain of Public Services to delay Phase II of the Harbor/Maple Project Storm Drain Project for nine months; carbine Harbor/ Maple Stran Drain Phases II and III as one project; and schedule construction for March 6, 1989, to November 20, 1989, on Harbor Boulevard, and from January 8, 1990, to Mardi 23, 1990, on Wilson Street. A letter was received from Winni fred Deane, Basket Bazaar Imports, Incorporated, 2159 Harbor Boulevard, stating that the mrchants between Victoria and Wilson Streets are requesting the project be delayed until such titre that the entire project can be completed at one time on Harbor Boulevard. The Director of Public Services presented background information, analysis, findings and staff's summary of several alternatives investigated, as outlined in his merrorandum of April 8, 1988. The fDlloaing merchants with businesses in the affected area on Harbor Boulevard spoke in favor cf staff's recommendation: Larry Hall, 300 East Coast Highway, Newport Beach. Jerry Janner, 2200 Harbor Boulevard, Costa Mesa. Dave Sauerheber, 2196 Harbor Boulevard, Costa Mesa. MOTION A motion was made by Council Member Hornbuckle, seconded Phases I.I'and III by Council Member Wheeler, and carried 5-0, to delay Combined and Phase II of the Harbor/Maple Storm Drain Project for Construction nine months; carbine Harbor/Maple Storm Drain Phases II Schedule Set and III as one project, and schedule construction dates as recommended in staff's memorandum. Green Fees at The Clerk presented a recommendation from the Director Golf Course of Leisure Services to increase green fees at the Costa Mesa Golf and Country Club, effective June 1, 1988. After carpleting a survey of 13 public golf courses in Orange County, the Leisure Services Director is recan- mending that the City's golf course green fees be raised to $15.00 for weekends and six holidays as outlined in staff's menorandum of March 31, 1988. The City Manager reported on the refurbishment of the golf courses and recommended approval of this follow-up action to Council's previous decision to withhold irr- crease of green fees until improvements were made. f MOTION A notion was made by Council Member Wheeler, seconded by Increase Approved Vice Mayor Amburgey, to approve the increase as outlined in staff's memorandum. The motion carried by the fol- lowing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Inheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None HCIA Block -Gant The Cleric presented a memorandum -from the City Manager Funds/Johnson requesting Housing and Community Development Act Block Gant matching funds under the Commercial Rehabilitation Financing Program for property owned by Diana Johnson, 320 Ashton Drive, Laguna Beach. The property is located at 1822-1/2 through 1826 Newport Boulevard. The City Manager reported that if the request is granted, it would canplete'the two remaining parcels of land in the original redevelopment area's demonstration block which. -were not part of the original proposal. Jan Luymes, 592 Park Drive, spoke in favor of granting this request. MOTION On motion .by Council Member Hornbuckle, seconded by Vice Funds Approved Mayor Amburgey, the request was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler, Hornbuckle, Buffa NOES: OOUNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS.: None Legislative The•Clerk presented a request for a $9,000.00 appropria- Update Videos tion fran Cable TV Public Franchise Fees for purchasing Legislative update videos. Council Member Buffa recanmended approval of this request fpr a six-month trial basis. The program would provide for six one-half hour monthly. programs concerning infor- nation on Legislative activities of specific interest to Costa Mesa. Council Member Wheeler Expressed concern that the pro- gramming might take politicalpositions instead of being informational only as allowed when utilizing public funds. MOTION On motion ty Council Member Buffa, seconded by Vice Funds Approved Mayor Amburgey, the request for funds was approved by the fD l lcwi ng roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Hornbuckle, Buffa NOES: OOUNCI L MEMI2ERS : None ABSENT: COUNCIL MEMBERS: None ANNOUNCEMENT Mayor -Hall introduced former .Mayor Arlene Schafer, who was in the audience. Council Member Council Member Buffa announced that he would be abstain- Buffa Left Chambers ing from the next iter and left the Council Chambers. Constitutional The Cleric presented a request for $10,000.00 from Cable Bicentennial TV Public Franchise Fees to transfer the Constitutional Presentation Bicentennial Presentation to videotape. The City Manager outlined the request which would provide videotapes cf the Constitutional Bicentennial Presenta- tion for use in Costa Mesa schools, in addition to cam-atnity outreach activities of the Costa Mesa Consti- tutional Commission. Council Member Wheeler asked who the anticipated pro-. dueer.for. the video would be, and.the City Manager replied prcposals would be solicited at a later date. The present request is for a budget adjustment. At the request.of Council Member Wheeler, Mayor Hall explained that Council Member Buffa is abstaining frcan voting on this item because he personally knows some of the people .who. might be bidding on the project. . MOTION A trot ion was made by Vice Mayor Amburgey, seconded by Funds Approved Council.Member Hornbuckle, to approve the allocation of $10,000.00 from Cable TV Franchise Fees to produce the video version of the Bicentennial Celebrat ion . Council Member Wheeler said he originally opposed the appropriation of funds to hold the presentation arid, in his _cpinion, it was not well=attended and the quality was at a grade -school level. He will be cpposing the motion as an unwise use of .money, and expressed concern about a pessible conflict.in interest. Ccuncil Member Hornbuckle was of the opinion that it was a good show, the people enjoyed it, arra it would be of value to the schools. Vice Mayor Amburgey felt that the presentation was a good one. It was his understanding that when the Bicentennial Celebration.was approved, it was with the understanding that it would be prepared for use in schools at a later date. The motion carried by the following roll call vote: A)ES : COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle NOES: ODUNCI L MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: Buffa Council Member Council Member Buffa returned to the dais to participate Buffa Returned in the remainder of the agenda. Senior Center, The Clerk presented a recanmendation from the Senior Lions Park Area Citizens Advisory Cammittee, a non-profit corporation, regarding the Lions Park area as the proposed site for a Multi-purpose Senior Center. Council.Member Hornbuckle presented background infor- mation leading to the recommendation. The Downtown Land Use Study prepared by the Redevelopment Agency was used as a guide, and the Betty Davis Needs Assessment Study as additional reference material in considering pcssible locations. Council Member Buffa reported that the Board of Directors for the .Senior Citizens Advisory Cammi.ttee, their Site Selection Committee, and Executive Search Committee, responsible ibr the. selection of an Executive Director for the new Senior. Center, are working very rapidly. He urged Council approval of the recommendation. At -the request of Council Member Wheeler, Council Member Hornbuckle outlined the area which the canmittee is considering as the Lions Park area. It includes the property at 18th Street and Newport Boulevard, referred to as Parcel "A", and. Parcel "D" which includes the County property where the Veterans of Foreign Wars and Probation cffices are currently.located, and the park area itself.. It does not include the Mardan Center. 1 -467 Michael Nutter, 3469 Plumeria Place, Costa Mesa, Pres- ident of the Board of Directors fbr the Senior Citizens Advisory Committee, reported on the work accomplished by the canAttee regarding their site investigation and funding sources. He re- quested Council approval of the request. Mayor Hall canmended Mr. Nutter for the work he has done on the project. Jan Luymes, 592 Park Drive, Costa Mesa, spoke in favor of a Senior Center and in opposition to it beim located in Lions Park. She understood that the Mardan Center was specifically purchased for use as a Senior Center. Roy Pizarek, 270 Del Mar Avenue, Costa Mesa, concurred with the ca rents made by Jan Luymes and questioned why the Mardan Center was not being considered. Council Member Hornbuckle responded that the Site Selection Committee has investigated the Mardan Center and found it inappropriate as a site ii)r the Senior Center for several reasons. The City Manager reported that when the Mardan Center was purchased, it was with the condition that it be used either as a Senior Center or for senior Ynusing. It is anticipated that the site will be used fDr low to mod- erate inane senior housing. Mark Korando, 582 Park Drive, spoke in favor of locating a Senior Center on either Parcel "A" or Parcel "D", described earlier, but not within Lions Park itself. Council Member Wheeler felt that the Mardan Center would be a. nnre . appropriate location for a Senior Center because of its proximity to senior housing. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, spoke in favor of the Lions Park area as a site for a Senior Center, not necessarily Lions Park itself. Charles. Markel, 2851 Clubhouse Road, Costa Mesa, spoke in favor of locating the ` Senior Center in the Lions Park area. Marie Maples, 461 Saarthmore Lane, Costa Mesa, a member of the Site. Selection CcnLmittee, reported that the cammittee has never considered using open green area within Lions Park. Anne Hogan-Shereshevsky, 2152 Elden Avenue, Costa Mesa, felt ample reasons have not been given as to why the Mardan Center is not being considered. She spoke in opposition tD, locating the center in Lions Park. MOTION A motion was made by Council Member Hornbuckle, seconded Site Area Desig- by Council Member Buffa, to designate the Lions Park nated/Staff to area as the site fnr the Senior Center, and directing Assist Committee the. City Manager to appoint members of staff to assist the Board of Directors of the Senior Citizens Advisory Committee in locating a specific site. Council Member Wheeler opposed consideration of Parcel "A" iicr reasons of traffic and pollution, and Parcel "D" because of the historical buildings located on it. He also opposed a center within Lions Park, and said written dowmentation as to why the Mardan Center site isnot being considered should be made available. AMENDED MOTION At the request of Vice Mayor Amburgey, Council Member Appoint Lions Hornbuckle amended the motion to add a recanmendation Club Member to that the Board of Directors appoint a member of the Site Ca dttee Newport Mesa Lions Club to the Site Selection Canmittee. Council Member Buffa, FAho seconded the motion, agreed to this amendment. The motion carried 4-1, Council Member Wheeler voting no. Industrial Uses The Clerk presented a request frer review of industrial at 1835 'shittier uses at 1835 WAttier Avenue. Avenue Mayor Hall reported that this property has been a nui- sance for marry years and has continuously been monitored by .Code Enforcement. He recamTended that Council direct him to write a letter tD the owner of the property specifying that uses in Building "D" be such that they do not haze an adverse effect on the residences in the area. Sidney Mueller, 1017 Parkhill Drive, Costa Mesa, re- ported noise generated by punch presses operated by the occupants of Building "D" shake her house, delivery trucks go in and out at all hours of the day and night, and paint spray, fumes, grinders and wood saw cutters prevent them from keeping their windows open. She spoke in favor. of converting the units to storage units. Margaret Martinez, 1009 Parkhill Drive, Costa Mesa, referenced an incident a few years ago whereby a piece of wood flew through a window in her home and onto a bed in which her baby Has sleeping just a few minutes ear- lier. She is constantly speaking to the manager of the property regarding the noise generated. Mark Korando, 582 Park Drive, spoke in favor of the Mayor's request and reconmended that the current review of the General Plan include investigation of a different use for this property. MOTION A motion was made by Mayor Hall, seconded by Council Mayor to Write Member Buffa, directing the Mayor to write a letter to Letter the property owner asking that they take action to alleviate the problems and consider a less intense use for the property. AMENDED MOTION At the request of Council.Member Wheeler, Mayor Hall Staff to Ines- amended his motion bo include directing staff to inves- tigate tigate and present recommendations for alternative uses on the property. The second was in agreement, and the motion carried 5-0. RECESS The Mayor declared recess at 8:15 p.m., and the meet- ing reconvened at 8:30 p.m. Referendum Petition The Clerk presented a Referendum Petition concerning Arnel Metro.Pointe, Resolution 88-13, which adopted findings regarding the Phase 2 environn ental analysis and approval of the final devel- opment plan for Metro Pointe, Phase 2 (Planning Action PA -88-03). The petition contains 4;247 valid signatures of registered voters within the City which qualifes it to be presented to the City Council. At the request of Mayor Hall, the City Attorney reported that after review, he hound that the Referendum does not contain the type of subject matter for it to be presented as a Referendum. Council approval of Resolution 88-13 46 was administrative in nature, not legislative, Ahich sets policy arid'is required to qualify as subject matter for a Referendum. He recQnmended that Council direct him to tale the imtter to Superior Court fDr a formal ruling. Council Member Wheeler asked why no written documenta- tion has been provided by the City Attorney. The City Attorney responded that he has not provided any members of Council with written camnunications and that he has only -responded to questions posed by members of Council regarding his opinion on the subject. Michael Nutter, 3469 Plumeria Place, Costa Mesa, said that he was distressed to hear the City Attorney has given his cpinion to certain members of Council. Mayor Hall responded that it is staff's policy to respond to questions posed by Council. Mr. Nutter felt that before the City Attorney made this legal conclusion, the com- ments should be.supported by written background analysis. He said public input should be solicited and it would be a disservice to the canmunity if the issues were not placed on the ballot. Mayor Hall consented that presenting the matter before the court for a Declaratory Relief Action would be a benefit to everyone. Whatever action is taken by the court would not preclude the matter from the ballot as an advisory issue. Council Member Hornbuckle was in favor of putting this natter to the court for a determination as to whether it is proper for the ballot. At the request of Council Member Hornbuckle, the City Attorney outlined what constitutes a legislative deci- sion arra an administrative decision and what the differences are. A legislative decision is one whereby the Council is setting policy and setting Neans for implementing the policy, i.e., General Plan Amandment, zoning of property. Electing to put houses on a certain piece of property which is already zoned would be an example of an administrative decision. The City Attorney said he would be pleased to prepare a paper on the subject of his decision should Council desire that this be done. Council Member Wheeler did not believe the best irr terests of the people are being taken into consideration. In his opinion, delay tactics are being used and will probably continue until it is too late. He said if this issue is put on the ballot the developers will probably sue. He does not believe there is a clear-cut line, as described by the City Attorney, as to whether an issue is legislative or administrative in nature. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, supported the canments of Mr. Nutter and spoke in favor of this matter 'being put on the ballot. If it is de- cided to ­take this natter before the court, he felt it appropriate to fund the citizens so that they can hire counsel to be a proponent as to reasons why their votes should coant. Sid Soffer, 900 Arbor Street, Costa Mesa, supported the City Attorney in the nanner in which he has handled this matter. He then addressed differences between legis- lative arra administrative actions and policies versus laws. -uC015 Council Member Wheeler said he would like to see docu- nented reasons why the City Attorney has cone to the conclusion that this matter is administrative in nature. Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, was in favor of Council supporting the citizens. Mayor Hall spoke in favor of having the court determine the legality of the referendum. Bob Cole, 3064 Java Road, Costa Mesa, said the way in which this item is being presented is a deliberate attempt to thwart the public. Jan Luymes, 592 Park Drive, Costa Mesa, addressed concerns about the City becoming the moving party in this issue. Council Member Wheeler said if the matter is placed on the ballot the developer will sue the City, arra at that point the City would be obligated to defend the Re- barendum. The people have worked very hard in putting this together and he felt the recannendation from the City Attorney. -is nothing lore than delay tactics. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, said Council has another option, recending its original de- cision, i.e., approval of the final development plan. Government Code Section 65302 indicates that the land - use element of the General Plan is to include a statement of the population density and building intensity recur mended for the various districts and other territory covered. The final staff report also indicates that the Planned Development Commercial zone also requires a submission of developrrent plans for height and intensity questions. She felt the requirements are clear that this be considered as a legislative action. She ques- tioned the legality of the proceedings at this time as not neeting requirerrents set forth in the Brown Act. R. C. Sherrick, 3146 Country Club Drive, Costa Mesa, spoke in opposition to this matter going before the courts and in favor of it being put on the ballot. Sid Soffer felt ,the citizens have had ample opportunity to express their opinion regarding growth or no growth within the City. Jay Humphrey, in .responding to Mr. Soffer's camnents, said the .City did not have the problem of high-rise, dense construction a few years ago, and now that it is confronting the City, the problem should be put to the voters. MOTION A motion was made by Council Member Hornbuckle, seconded Place Referendum. by Council Member Wheeler, to put the Referendum Peti- on Ballot tion on the November 8, 1988, ballot. Council Member Buffa said he will be voting against the motion and expressed confidence in the City Attorney and his reconmendation. SUBSTITUTE MJTION A substitute motion was made by Council Member Buffa, Submit Referendum seconded by Vice Mayor Amburgey, to approve the City to Court for Attorney's recanmendation for declaratory relief within Decision the court on this issue. Vice Mayor Amburgey said the right thing to do for the entire community is to uphold the regulations and to act upon the advice of the City Attorney. Vice Mayor Amburgey said that Council Member Wheeler has said the petitioners worked very hard to gather signa- tures fear this Referendum and he does not believe it is a surprise to Council Member Wheeler that there is a question as to whether this petition is referendable. He believes if Council Member Meeler allowed the peti- tioners to -work very hard to gather signatures, it is his fault fDr not advising them that there might be some fault with., it. Council Member Wheeler claimed a point of personal privilege. Mayor Hall ruled to have Vice Mayor Amburgey continue. Il)INT OF PERSONAL Council Member Wheeler appealed the ruling -to Council to PRIVILEGE grant him a personal privilege to respond to Vice Mayor Failed to Carry Amburgey's.remark.."that Mr. Wheeler should have advised these people that there was something illegal going on" with the implication being bad faith on his part. Council voted on whether or not to allow Council Member T,heeler's request. The point of personal privilege failed to carry 4-1, Ccuncil Member Wheeler voting yes. Vice Mayor Amburgey said he.has knowledge that some citizens were asked to sign the petition for a referen- dum without being ,given all the facts covering the ' petition. He felt that ibrwarding the Referendum to the judicial system should satisfy both those for and against -the Referendum since a ruling would be made prior to the requirement for it to be placed on the November ballot. Council Member Wheeler commented that the rules have not been enfDrced equally for Council and never have been. He said he did not advise the people circulating the Referendum Petition that it was illegal because it was not illegal until clandestine meetings were held last week between members cf this City Council and the City Attorney. In his opinion, that is when this decision was made, long be fDre tonight. He asked for those interested citizens to write him at Post Office Box 1200, Ccsta Mesa 92628-1200, and let hisn know if there is support within the community both financially and in terms of volunteers to perhaps recall two or tree members of this Council. Council Member Buffa commented that he has sat by for two years on the Council while Council Member Wheeler smirks, giggles, throws pencils down, and now he is making a personal attack on him. Council Member Wheeler responded that this is better than lying. Vice Mayor Amburgey felt if Council Member Wheeler has any evidence, he should present it, otherwise not say anything. Council Member Wheeler said he is accusing Council M-­ber Buffa of lying and Council Member Buffa said the only liar on Council is Council Member Wheeler. The substitute motion carried 4-1, Council Member Wheeler voting no. RECESS The Mayor declared recess at 10:10 p.m., and the meet- i.ng reconvened at 10:20 p.m. Southbound Fair- Item 10(c-) on the Consent Calendar was presented con - view Road Right cerning cgmencement of project construction and Turn -Only Lane to financial participation regarding Construction of Soutir Northbound I-405 bound Fairview Road Right TurrrOnly Lane to Northbound Onranp Interstate 405 Onramp. NOTION A motion was made by Council Member Buffa, seconded by Commencement of Council Member Wheeler, to commence project construction Project arra within one year, and not require C. J. Segerstrom and Financial Sons' financial participation other than funds ffron Participation Central Orange County Circulation Study (CENTROCCS) asssessnents or development trip chances. CITY ATTORNEY The City AttDrney requested a closed session to discuss REPORT a lawsuit: Concerned Citizens of Costa Mesa vs. Ned West, Superior Court Case No. 42-07-28. Request for Closed Session Council Member Wheeler announced that he would not be participating in the closed session regarding Concerned Ned West Lawsuit 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 a proposed buy-back option REPORTS for Public Safety Employees as outlined in his memoran- dum of April 15, 1988, and recommendation by the Public Safety Retirement Committee as follows: Employees Buy -Back Option 1. Buy-back of Employee contributions only at five percent. 2. Buy-back time frane fDr decision, selection of method and implementation (July -December). 3. Repayment methods - lump sum or payroll deduction method at five percent interest on unpaid balance plus four dollars ($4.00) per pay period to administer deduction. 4. Payback completion by age 60, eight years prior to drawing a monthly benefit; whichever comes first ( can be repaid sooner without "prepayment" charge) . 5. Upon death or disability prior to payback comple- tion, benefit calculated on service including buy- back purchased to date of cbath or disability. 6. Tennination of Employment prior to payback will result in refund of buy-back amounts paid and forfeiture of buy-back time unless remaining buy- back amount is paid upon termination. 7. No partial buy -backs. 8. $100.00 fee per individual to be paid to actuary for calculation of buy-back. MOTION A ration was made by Vice Mayor Amburgey, seconded by Recanmendations Council Mamber Hornbuckle, to accept the recommendations Accepted with made by the Retirement Committee with the following ex - Modification ception: No. 2, after the words ..."and implemention"... delete the present wording "(July-DecEmber)" and add the wording, "offered on a continuous basis". The motion carried by the hollowing roll call vote: A)ES : QDUNCI L MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 MOTION The City Manager-presented,a report on staff's review Sensible. Growth and analysis of the Citizens' Sensible Growth and Ballot Initiative Traffic Control Amendment and Ordinance Initiative. This is a .draft document only; staff has provided analysis and cptions and is recommending approval of Option. No. 7 in their memorandum dated April 15, 1988: Accept in draft fore and circulate the staff review to all affected parties (i.e.,•initiative proponents, homeowners' associations, Chamber of Commerce, area developers, etc.) requesting written comments on the review prior to City Council action setting the election date. Mayor Hall canmended the City Manager and staf f for the work they have done on the analysis of this Initiative. Council Member Wheeler -said that he has not had an opportunity tDTread the report presented to Council this evening with the ,exception of- the first page. In his opinion, tit is biased and an expression of opinion against the Initiative.. He is concerned about the recommendation to circulate the document which has been prepared at City -expense, and which would be at the tax- payers' expense if circulated to citizens of the City. In addition, he said that it is illegal for Council to take a position on a pending Initiative. In response to a convent made by Council Member Buffa, Council Member Wheeler replied that he was not one of the authors of the City Initiative. He was one of three authors cE the Orange County Slow Growth Initiative which will be on the Jame, 1988, ballot. Iona Goldstein, 1981 Wallace Avenue, Ccsta Mesa, asked who wrote the Initiative, and the City Manager responded that it was a collaborative effort based primarily on .the County -,wide Initiative and was submitted to the City by James P._Aynes. For the benefit of the audience, the Mayor explained that the report document prepared by staff contains approximately 140 pages, and is a compilation of statis- tics aryl responses by staff presenting their interpre- tation of the. Initiative Petition which has been submitted. He spoke in favor of having the document made available to all those interested within the cam- munity. If it is decided to circulate the document to the conmunity, as outlined in Option No. 7 of staff's menorandun, he recommended a closing date sor etirre in mid-June ,for returning written conments regarding it. The City Council has until their meeting of August 1, 1988, -at which :time it must. adopt a resolution calling an election. In response toa question posed by Mayor Hall, the City Attorney said that he would, by the neeting of May 2, be able to research -the document and present a legal opinion as to whether or not it is legally proper for submission to the voters. Council Member Wheeler said it is Council's -responsi- bility to either adopt the • Initiative without change, or to place it on ballot fDr citizens' vote. He does ..not believe staff's report to be of relevance to those functions of Council. -Council Member Buffa referred to Page 4 of staff's report which.refers,too the signalized intersections and reconmended- staff take intoconsideration analyzing ;all of' the -City's 113 signalized intersections in detail, .and.to, include, both a.m. and p.m hours in the analysis. MOTION A ' mot ion was made' by Vice! Mayor Amburgey, seconded by Accept Option Council. Member• Buffa, to -accept staff's analysis and No. 7 Option No., 7.' in staff' s .memorandum. SUBSTITUTE MOTION A substitute motion was made by Council Member Buffa, Held, Over' to seconded by Council Member Hornbuckle, to accept staff's May 2, 1988. analysis in draft form, and direct the .City Attorney to investigate the document as to whether or not it is biased; .and the'City Manager to- investigate costs of circulating. the document, by. the reetirg of May 2, 1988.. Council Member Wheeler felt !the document was biased and that the -law states a document- which takes sides cannot be circulated. tIt is his opinion that the document is a criticism cf the _Initiative, and. therefpre takes the side that.the Initiative should not be passed as written: The motion carried -3-2, Council Members Amburgey and _Wheeler, voting. no. Council.Member Hornbuckle said that she will be out=of- town when the first Council meeting in August takes place and, if,possible, would appreciate voting on this. issue -at the last meeting in�July. Mayor Hall responded that the date will be decided ata later time. Vice Mayor Amburgey said the reason for his no vote is that he does not agree with the directive to the City Manager since it would delay the distribution of the document .to the canmunity The City Manager responded that this could -be accomplished in approximately one- ..week!s time. ORAL Jan Luymes, 592, Park Drive, Costa Mesa, requested that COMMUNICATIONS a. survey, prepared by, the; General Plan Steering Committee regarding the General,Plan being .distributed to the General Plan same citizens anrd 'organizations as staff's analysis Survey report fDr the Citizens -for -Sensible Growth Ballot Initiative if that docu r ent is found acceptable for circulation.. The -Steering Committee wishes to obtain input fromthe community and they have been investiga- ting means in which .this can be .accomplished. Council Member Hornbuckle commented that it is her understanding the General'Plan Steering Committee -has requested,a joint study session with the City Council and this matter will be discussed in detail at that' meet i ng . Senior Center Jan Lymes asked who will be making the decision regar- ding a location for the multi-purpose Senior Center, and if noticing will be done. Mayor Hall responded that Council will be making the final decision, and notice will, be given. Council Conduct` Richard Goldstein, 1981 Wallace Avenue, Costa Mesa,` addressed the.conduct of Council, and their personal attacks�on•one another. Council Member Hornbuckle res- ponded that, she has not made an attack on anyone and does not plan to do so., and concurred that she is embarrassed by the behavior this evening. 475, Referendum Jay Humphrey, 1920 Sandalwood Street, Costa Mesa, ad- Petition/Hane dressed the concerns expressed regarding the legality of Ranch the vehicle of the Referendum. He would like to see the Referendum placed on the ballot -for the people to decide upon. DR -86-58 Tam Scheafer,.2127 Wallace Avenue, Costa Mesa, addressed Ingardia Brothers Council regarding an item brought before them at the meeting of February 16, 1988, regarding the problems created.by the Ingardia Brothers produce market, 2120 Placentia Avenue (DR -86-58). He presented a pYotograph showing what has been accomplished since that time and requested that consideration be given to removing, the present wall and replacing it with a new higher wall. Staff Directed Council Member Wheeler requested.that staff investigate to Prepare a and prepare a report on this item to be brought back Report to Council at a later date. Mayor Hall concurred with this recommendation. Traffic Sid Soffer, 900 Arbor Street, Costa Mesa, said he does not believe high density is an indication of more traffic. He then addressed the term gridlock. Professional Sid Soffbr spoke on professional conduct relating to Conduct Council and manbers of the audience. COUNCILMANIC Council Member Weeler presented a request tD have the COMMENTS City Attorney draft a model ordinance prohibiting urinating in public. Vice Mayor Amburgey said that it Urinating in is his uiderstanding the City had such an ordinance at Public one titre but that it was found to be illegal. City Attorney Council directed the City Attorney to investigate the to Investigate legalities of such an ordinance. November Council Council Member Wheeler said he had previously announced Election his decision to not seek re-election and felt he owed the people who helped elect him an explanation of what he has tried to accomplish while in office. He then addressed this and also spoke about people in politics and his opinions of them; the large economic factor of running for office; and various means of funding campaigns. Traffic Commission On recanmendation made by Mayor Hall, the City Manager Name Change/Staff was directed to investigate changing the name of the to Investigate Traffic Canmission to Transportation Commission and to report back to Council at a later date. ADJOURNMENT TO At 12:00 midnight, the Mayor adjourned the rreeting to CLOSED SESSION a closed session in the first floor Conference Roan to discuss pending litigation concerning the lawsuit of Concerned Citizens of Costa Mesa vs. Ned West. Council Member Vheeler announced he will not be partici- pating in the closed session for reasons stated earlier. Ned West Lawsuit The meeting reconvened at 12:35 a.m. , and Mayor Hall announced that fDr the last several nDnths staff from the Orange County Fairgrounds, Pacific Amphitheatre, and the City, have been working toward a negotiated settlement relative to the cperation of the Pacific Amphitheatre. MOTION On motion by Council Member Hornbuckle, seconded by Circulate Draft Council Member Buffa, and carried 4-0, Council Member Settlement Wheeler absent, a draft settlement proposal for con - Proposal ditions of operation fDr the Pacific Amphitheatre, in U as outlined in the City Manager's confidential memoran- dum dated April 15, 1988, will be circulated to all affected parties. The. Mayor declared the nor ourned at 12:40 a.m. kz:� Mayor of the City of Costa Mesa ATTEST: ity Clerk of —the Ci*ofta a