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Home My WebLink About07/05/1988 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 5, 1988 The. City Council of the City of Costa Mesa, California, met in regular session July 5, 1988, at 6:30 p.m., in the.Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. 'The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Council Member Hornbuckle. ROLL CALL Council Members Present: Hall, Amburgey, Wheeler, 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 June 20, 1988 Council Member Buffa, and carried 5-0, the minutes of the regular meeting of June 20, 1988, were approved as distributed. ORDINANCES .,A motion was.made by.Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, to read all ordinances by title only. PROCLAMATION The Mayor announced that June 2, 1988, was proclaimed John F.; Kennedy,; "John F..Kennedy High School Day", commending that High School.: Day- school for winning the Orange County competition for high school students to design and produce a "Safe and Sober Graduation" campaign for their campuses. Paula Hekimian, representing The Youth Response -Unit of College Hospitals, Cerritos/Costa Mesa, sponsors of the competition; accepted the proclamation on behalf of John F. Kennedy High School., La.Palma. PROCLAMATION Mayor Hall read a proclamation declaring July 6, 1988, Illawarra Tennis as "Illawarra Tennis Association.Day" in" -the City of Association Day Costa Mesa. Members of -,the Illawarra tenis team from Sydney., Australia, were present, and the proclamation was presented to their representative, Mr. Ward. CONSENT CALENDAR The following items were removed frcm'the Consent Calendar: Item 9(d), Claim fram'Randall F. Petraglia; Item 9(f), Claim from Kristy Rcmanosky; Item 14, Agree- ment with Austin -Foust Associates for a traffic model; Item 18(a) Iand 18'(b), I-405/Harbor Boulevard north- bound off -ramp widening; Item 20(a), Change Order and Notice of Completion for Measure "C" Street Mainte- nance 1987-88; and Item 20(b), Notice of Canpletion for Measure "C" Parkway Maintenance 1987-88. On motion by Council Member Buffa, seconded by Council Member Wheeler, the remaining Consent Calendar items were approved in one motion by the following roll call vote: .AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 WRITTEN On motion.by Council -Member Buffa, seconded by Council "COMMUNICATIONS Member Wheeler, Resolution -88-46, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Records Destruction AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART - for Finance MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the. following -roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Resolution 88-46 Hornbuckle, Buffa Adopted NOES: :COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING_ FOLDER On motion by -Council Member"Buffa, seconded by Council Member Wheeler, and carried 5-0, the following Reading Folder items were received and processed: Claims Claim received by the City Clerk: Geraldine Harrison. Alcoholic -Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Bullock's, Incorporated, doing business as Bullock's South Coast Plaza, 3333 Bristol Street; JoJos Restaurants, Incorporated, doing business as Coco's, 2750 Harbor Boulevard; and Patricia A. Courtney, doing business at 1560 Superior Avenue, Suite A-1. Bingo Games for Letter from the Costa Mesa Senior Citizens Committee Cash Prizes requesting Council to revise the City ordinance to ..allow.Bingo games awarding cash prizes. BUSINESS PERMIT Notice:of Intention to Appeal or Solicit for Charitable Purpose was received from Amateur Sports Training Amateur Sports Centers, 280 North Wilshire Avenue, Suite 114; Anaheim, Training.Centers by soliciting funds door-to-door from June 15., 1988, to June 15, 1989. On motion by'+Council Member-Buffa-1 MOTION seconded by Council Member Wheeler, and carried 5-0, Permit -Approved .. the permit was approved with application of Municipal Code Section 9-127(d). SET FOR PUBLIC On motion by Council Member Buffa, seconded by Council HEARING Member'Wheeler, and carried 5-0, the following items were set for public hearing on July 18-, 1988, at 6:30 p.m., in the Council. Chambers of City Hall: R-88=06Rezone Petition R-88-06, Patrick R. Kennedy, 257 Kennedy/Hollis Santa Isabel Avenue, Costa Mesa, authorized agent for HopeVieira Hollis, 9851 Lampson Avenue, Garden Grove, to rezone two CL parcels and one R2 parcel to R3 at 1856 Placentia.Avenue and 791 Center Street. Environ- mental Determination: Negative Declaration. Time Limits to Start Amendment to the Costa Mesa Municipal Code regarding Construction for time limits to commence construction authorized by a Various Applications Variance, Conditional :Use Permit, Development Review, or Final Development Plan. Environmental Determin&- tion: Exempt. Greener/Mariman For Glen Greener,,152 Monroe, Irvine, authorized agent for -Rudy Mariman Trust, 341..;Bayside.Drive, Suite No. 3, Newport Beach. Environmental Determination: Negative Declaration. SP -79-01A2 Specific Plan SP -79-01A2, amending the maximum allowable zoning to R4 in the area bordered by West 19th Street, Placentia Avenue, Hamilton Street, and Pomona Avenue. R-88-05 Rezone Petition R-88-05, to rezone properties at 1945-49, 1955, and 1965 Pomona Avenue frau R2 and R3 to R4. WARRANTS On motion by Council Member Buffa, seconded by Council Putman Member Wheeler, Warrant Resolution 1398, including Pay - MOTION roll 8813, and Warrant Resolution 1399 were approved by Warrants 1398 and the following roll call vote: 1399 Approved AYES: COUNCIL -MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Bid Item -No. 806 NOES: COUNCIL MEMBERS: None HVAC System in ABSENT: COUNCIL MEMBERS: None REJECTED CLAIMS On motion by Council Member Buffa, seconded by Council " Member Wheeler, and carried 5-0, the claim frau Anthony Daly V. Daly was rejected. Jacobs On motion by Council Member Buffa, seconded by Council Servidyne Member Wheeler,;and carried 5-0, the claim from Jeanette M. Jacobs was rejected., McKinney On motion by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, the claim from George V. McKinney was rejected. Mercury Insurance/ On motion by Council Member Buffa, seconded by Council Putman Member Wheeler, and carried 5-0, the claim fran 'Mercury Insurance/Thegn R. Putman was rejected. ADMINISTRATIVE Bids.received for Bid Item No. 806, Replace Heating, ACTIONS Ventilating, and Air Conditioning (HVAC) Equipment in City Hall, are on file in the Clerk's off ice-; and staff Bid Item -No. 806 has requested approval of Budget Adjustment No. 89-3 HVAC System in ;for $35,000.00 in connection with this project. On City Hall ; motion by Council Member Buffa, seconded by Council Member Wheeler; the contract was awarded to Servidyne, MOTION Incorporated, 649 West Colorado.Street., Glendale, for Awarded to $249,758.00. The motion carried by the following roll Servidyne call vote.: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENTsv COUNCIL MEMBERS: None Bid Item 813, Golf Bids received .for Bid Item 813, Golf Course Maintenance Course Maintenance -Equipment (One Tbro Greenmaster, Model 3000) are on file Equipment in the Clerk's office. On motion by Council Member Buffa,'seconded'by Council Member Wheeler, the contract MOTION was awarded to Pacific Equipment and Irrigation, Post Awarded to Pacific Office'Box 8000, City of Industry, for $17,162.00. The Equipment, motion carried bylthe following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT:' COUNCIL MEMBERS: None Purchase of Fire Staff requested approval to purchase fire apparatus from Apparatus frau San sole source vendor, San Diego Fire Equipment Company, Diego Fire Incorporated, 8541 Wellsford Place, Suite "G", Santa Fe Equipment, Springs, for $1,458,030.00. The apparatus consists of your pumpers and one aerialplatform truck. On motion MOTION by Council Member Buffa, seconded by Council Member Purchase -Approved Wheeler, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey., Wheeler; Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase of Used Staff requested approval to purchase used radio equip- Radio_.Equipment ment from Mission Viejo Company, 24800 Chrisanta Drive, from Mission Viejo Mission Viejo, for $11,200.00. Purchase of used equip - Company ment versus purchase of new equipment results in saving approximately $50,000.00. On motion by Council Member MOrTION Buffa, seconded by Council Member Wheeler, the purchase Purchase Approved was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL ME4BERS: None Change Order No. 2 Staff recommended approval of Change Order No. 2 for PRC Public Manage- $263,954.00 plus tax, to the contract with PRC Public ment Services Management Services, 1028 Town and Country Road, Orange, to upgrade the public safety computer. On Public Safety motion by Council Member Buffa, seconded by Council Computer Upgrade Member Wheeler,.the change order was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Change Order Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1987-88 Parkway Staff recocunended releasing 50 percent of the retention Maintenance/Damon funds ($46,047.00)_to. Damon Construction Company, 500 Construction East Gardena Boulevard, Gardena, in connection with 1987-88 Parkway Maintenance (Tree Removal and Planting, Curb and Gutter and Sidewalk Removal and Replacement, and Other Improvements on Various Streets). The project has been completed except for minor touch-up work. No MOTION "Stop Notices" have been received. On motion by Council Authorized Release. Member Buffa, seconded by Council Member Wheeler, of 50 Percent of authorization was given to release 50 percent of the Retention Funds retention funds immediately. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: -Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1987-88 Street Staffrecommended releasing 50 percent of the retention Maintenance/ funds ($18,956.85) to Sully -Miller Contracting Company, Sully -Miller Post Office Box 432, Orange, in connection with 1987-88 Street Maintenance (Reconstruction of Brentwood Place, Chestnut Avenue, College Drive, E1 Canino Drive, Hickory Place, Mendoza Drive, Monte Vista Avenue, and Susannah Place). The work has been completed and the contractor is awaiting acceptance of the project. No "Stop MOTION Notices" have been received. On motion by Council Authorized Release Member. Buffa, seconded by Council Member Wheeler, of 50 Percent,of authorization was given to release 50 percent of the Retention.Funds retention funds immediately. The motion carried by the following roll call vote: AYES: 'COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES:. COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Completion of Street Street improvements for Development Review DR -86-64 have Improvements for been completed to the satisfaction of the Director of DR -86-64 by Newport Public Services by Newport Harbor Builders, 891 Produc- Harbor Builders tion Place, Newport Beach, for property located at 308 Santa Isabel Avenue. On motion by Council Member MOTION Buffa, seconded by Council Member Wheeler, the improve - Improvements ments were accepted, and the -bonds were ordered exoner-- Accepted ated..,The motion carried by the following roll call vote: ,; 047 AYES: COUNCIL MEMBERS:_ Hall, Amburgey, Wheeler, Hornbuckle, Buffa .NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None North Costa Mesa In a.memorandum. dated June 27, 1988, staff presented Intersection. .:recommendations for preparation of plans, specifica- Improvements tions, and estimates for certain intersection improve- ments in North Costa Mesa: Priority intersections: .Fairview Road/Baker Street; Bear Street/Paularino Avenue; Bristol Street/Sunflower Avenue; Harbor Boulevard/South Coast Drive; Harbor Boulevard/MacArthur Boulevard; Fairview Road/Sunflower Avenue;. Fairview Road/South Coast Drive; and Harbor Boulevard/Gisler Avenue. Use City funds temporarily.for professional services with repayment through future traffic impact fees. Staff to negotiate a contract with a consultant in an amount not to exceed $500,000.00. MOTION On motion by Council Member Buffa, seconded by Council Staff Reccmmenda- .Member Wheeler, staff's recomendations were approved by tions Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Rates of Pay for New Classifications MOTION Resolution 88.-47 Adopted Staff recommended establishing rates of pay for the following new job classifications: Pesticide Applica- tor; Lead Equipment Mechanic; Benefits Coordinator; Police Records Technician; Senior Police Records Tech- nician; Police Records Supervisor; and Project Admin- istration Manager. On motion by Council Member Buffa, seconded by Council Member Wheeler, Resolution'88-47, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 87-60 AND ADOPTING AND ESTABLISHING RATES OF PAY FOR NEW CITY CLASSIFICATIONS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Addendum to A communication was received fran the Transportation Agreement with Corridor Agencies, 3346 Michelson Drive, Suite 450, San Joaquin Hills Irvine, requesting Council to approve an addendum to the Corridor Agency Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency which would Hornbuckle, Buffa NOES:: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Council Policy The City Manager recommended updating Council Policy No. 100-1/Refunds No. 100-1 to reflect expenditure authorizations for the City Manager and Finance Director to $5,000.00 and MOTION $2,500.00, respectively. 'These amounts were authorized Authorized several years ago; however, the Council policy was never Policy. Update updated accordingly. On motion by Council Member Buffa, seconded by Council Member Wheeler, authorization was given to update Council Policy No. 100-1 as reccomended by the City Manager. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Addendum to A communication was received fran the Transportation Agreement with Corridor Agencies, 3346 Michelson Drive, Suite 450, San Joaquin Hills Irvine, requesting Council to approve an addendum to the Corridor Agency Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency which would permit the City of Mission Viejo to become a member of MOTION the Agency. On motion by Council Member Buffa, seconded Addendum Approved by Council Member TAbeeler,.the addendum was approved, for Mission Viejo and the Mayor and Clerk were authorized to sign on Membership behalf of the .City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MIIKBERS: None ABSENT: COUNCIL MEMBERS: None Transfer of Deposit The Public Services Director requested approval to to the General Rand transfer a deposit of $100.00 to the General Fund since all attempts to locate the depositor, Thomas Trumbo, MOTION have been unsuccessful. On motion by Council Member Transfer Approved Buffa, seconded by Council Member Wheeler, the request was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Leisure Services Director requested approval of an W. R. G. Company agreement with W. R. G. Company, Incorporated, Post Office Box 892, La Habra, in an amount not to -exceed Inspection Services $50,000.00, to provide inspection services for the .for Mesa Verde Loop Mesa Verde Loop construction project. On motion by Construction Council Member Buffa, seconded by Council Member Wheeler, the agreement was approved, and the Mayor and MOTION Clerk were authorized to sign on behalf of the City. Agreement Approved The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES_: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: .None PUBLIC HEARING The Clerk announced that this was the time and place GP -88-2B set for the public hearing to consider General Plan Interim Housing Amendment GP -88-2B, an Interim Housing Element for the Element City's General Plan. Environmental Determination: Negative,Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The Development Services Director briefly reported on his memorandum dated June 24, 1988, and the Housing Element. document. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hornbuckle, seconded Resolution 88-48 by Vice Mayor Amburgey, to adopt the Negative Declara- tion of Environmental Impact; and to adopt Resolution 88-48, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,_ADOPTING GENERAL PLAN AMENDMENT GP -88-2B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA BY ADOPTION OF AN INTERIM HOUSING ELEMENT. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None -PUBLIC HEARINGS The Clerk announced that this was the time and place. set for the following public hearings: Limitation for Amendment to the General Plan Administration and Resbumitting General Implementation Policies and Procedures to include a Plan Amendments,. _provision limiting resubmittal of General Plan Amend- ments. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. Nocommunications were received. Limitation for Amendment to the Costa Mesa Municipal Code,, Title 13, Resubmitting Articles 23 and 24, to include provisions limiting Planning Actions resubmittal of applications for Planning Actions"and and Zoning Changes aomendments to the official Zoning Land.:Use Map. -The Affidavit of'Publication is on file in the Clerk's office. No communications were received. The Development Services Director reviewed his memoran- dun dated June 29, 1988. The benefits of limiting resubmittal of previously denied Planning Actions, Zone Changes, and General Plan Amendments are twofold: it avoids the necessity for the public to repeatedly attend numerous public hearings for the purpose of restating testimony on projects that are unchanged; and it avoids the needless expenditure of City staff time and resources. As drafted, the proposed amendments do not preclude an applicant from withdrawing an application and resubmitting it at a later date, and if denied, an applicant need only wait -one year to resubmit a project. The Director mentioned that if Council felt one year was too long, the waiting period to resubmit a project could be reduced to six months. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in opposition to an applicant's having to wait six months or one year to resubmit an application. There being no other speakers, the Mayor closed the public hearings. Council Member Buffa preferred allowing applications to be resubmitted after six months rather than one year. MOTION A motion was made by Council Member Hornbuckle, seconded Resolution 88-49 by Council Member Wheeler, to adopt Resolution 88-49, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE GENERAL PIAN ADMIN- ISTRATION AND IMPLEMENTATION POLICIES AND PROCEDURES TO INCLUDE A PROVISION LIMITING RESUBMITTAL OF GENERAL PLAN AMENDMENTS; stipulating_a waiting period of six months for reZu mittal of applications. The motion carried by the following roll call vote: AYES! COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Vice Mayor Amburgey, seconded by Ordinance'88-6 Council Member Hornbuckle, to give first reading to Given -First Ordinance 88-6, being AN ORDINANCE OF THE CITY COUNCIL Reading OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 1.3, ARTICLES 23_AND 24, OF THE COSTA MESA MUNICIPAL CODE TO INCLUDE PROVISIONS LIMITING RESUBMITTAL OF APPLICATIONS FOR PLANNING ACTIONS AND AMENDMENTS TO THE OFFICIAL ZONING MAP, stipulating a waiting period of six months for resubmittal of applications. The motion carried by -the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES:- COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of April 4, 1988, second.reading and adoption of Ordinance 88-2, being AN Ordinance 88-2 ORDINANCE OF THE:CITY COUNCIL OF THE CITY OF COSTA MESA, Concurrent -Sales of. CALIFORNIA, REPEALING THE LEGISLATIVE PROHIBITION OF Alcoholic Beverages CONCURRENT SALES OF ALCOHOLIC BEVERAGES AND MOTOR and .Motor Fuels VEHICLE FUELS AND ESTABLISHING A PROCEDURE FOR REGULA- TION OF SUCH CONCURRENT SALES. MOTION A motion was made'by Council Member Hornbuckle, seconded Held Over to by Vice Mayor`Amburgey., to continue this item'to July 18, 1988 July 18, 1988, as requested by staff. The motion car- ried 4-1, Council Member Buffa voting no. West Side Clean-up The Clerk presented a status report concerning the west Status Report side clean-up campaign. The Development Services Director summarized his memor- andum dated June 30, 1988,'which is an update of the progress of the ,::Code Enforcement program being conducted on the west side:'' The community improvement ordinance prohibits"maintenance of trash, debris, etc. on private property if it is 'open to view at street level fron a .street or adjoining property". Two police aides are conducting initial observations and -documenting viola- tions. At the end of a 30 -day period, a Code Enforce- ment Officer reinspects the properties to determine whether violations remain. At that point a citation can be issued or other appropriate action taken. Pat Dolan, 923 West 20th Street, Costa Mesa, President of the Mesa west Homeowners.Association, commended Council for promoting a clean-up campaign. He suggested that -the clean-up campaign terminate six months from the date it actually started (approximately 30 days ago), and not from the date the ordinance became effective (March 16, 1988). -The -Development Development Services Director reported that the six-month clean-up period is from June 1 to December 1, 1988. Since this item was for information only, no Council action was.required. Victoria Street The Clerk presented staff recommendations concerning the Widening Victoria Street widening project: Finance the project via asset transfer; Award a contract for financial consulting services to Evensen Dodge, Incorporated, 650 Town Center Dive, Suite 860, Costa Mesa; Award -a contract for bond counsel to Stradling, Yocca, Carlson, and Rauth, 660 Newport Center Dive, Newport Beach; and Authorize an emergency appropriation in an amount not to exceed $2.5 million, to purchase properties along Victoria Street from property owners who are experi- encing financial.difficulties caused by the project or other factors. `Ilse City Manager referred to a memorandum fron the Assistant to the City Manager dated June 30, 1988. The report contains information regarding appraisals, project costs, and financing options. At the request of Mayor Hall, the City Manager asked Wally Kreutzen of Evensen Dodge to summarize the financial -analysis for the project. Wally Kreutzen reported that since he last spoke before the Council, he has reviewed the City's assets which consisted of three major groups: Victoria Street and the surrounding,right-of-way;,the Costa Mesa Golf Course; and the City Hall complex and related facilities"on Fair Drive.. The market sources and rating services indicated that from a pure,financing standpoint, they liked the use of City Hall best as an asset. The City's security would be somewhat less if the street right-of-way were .used.as,the asset; however,_the rating agencies felt that the street,would be an acceptable security. The Assistant to the City Manager summarized the appraisal conducted on Victoria Street for the purpose of identifying costs associated with acquisition of right-of-way. Sid Soffer, 900 Arbor Street, Costa Mesa, asked how the City would be ascertaining the hardship factors. � He commented that it was his hope that the City would treat hardship cases in a more equitable manner than the County of Orange. The City 'Manager reported.that postcards were sent to all those property owners on Victoria Street who prob- ably would be affected by the widening. 'Those postcards requested replies as to whether the property owners were interested in selling, and staff then proceeded to schedule interviews. He stated that staff interviewed all property owners on that street who were affected by the project and attempted to determine the hardship situations. He mentioned that staff is not only recom- mending that they deal with those circumstances which may be.classified as true hardships, but are prepared to proceed with negotiations with any property owner who has contacted the City and expressed an interest in selling. MOTION Council, Member Buffa moved to accept the recommendation Authorized Asset mto finance the project via an asset transfer of Victoria Transfer of Street. During later discussion, Council Member Buffa Victoria Street. confirmed that the motion included using Series A Bonds for acquisition of right-of-way, and Series B Bonds for .construction costs. The motion was seconded by Vice Mayor Amburgey. Council Member Wheeler reported that he will be opposing any motion which approves the recommendations for this project. He stated that the benefits do not outweigh the tremendous cost, pointing out that this is the largest and most expensive project of its type in the City's history. In addition, he mentioned that the costs include demolition of nearly 100 homes and die - placement of 200.-300 residents. Council Member Wheeler contended that the only benefit is to the commuters in Huntington Beach who will be able to get to and from the Irvine Industrial,Complex faster. Council. Member Buffa stated that the traffic on the west side is extremely heavy, and.at this time, Victoria street has such a high volume of traffic that it is negatively impacting the entire west side. He catmented that the widening is long overdue and if the project is executed correctly, it will,be one of the most positive impacts on the west side in quite a few years. Council Member Hornbuckle stated that traffic is pro- jected to increase to approximately 28,000 cars per day on Victoria'Stree't, and'if the 'street were not widened,. it would'b6 condemning the"residents to either not being able to get out of"their driveways safely, or at least condemning them to the noise of`28,000 cars a day. She mentioned that the'_projeet will allow the City to pro- videsound walls to protect the residents from sane of that traffic noise. The motion to finance the project via an asset transfer carried by the following roll call vote: 'AYES: COUNCIL'MEMBERS -Hall, Amburgey, Hornbuckle, Buffa NOES:' COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL'MEMBERS: None MOTION A.motion was made by Council Member Buffa, seconded by Contract for Vice Mayor Amburgey, to award the contract for financial Financial Services consulting services to Evensen Dodge, Incorporated. Awarded to Evensen The motion carried by the following roll call vote: Dodge AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS:- Wheeler ABSENT: COUNCIL MEMBERS: None MOTION A motion was'made'by"Council'Member Buffa, seconded by Contract for Bond Vice Mayor-Amburgey, to award a contract for bond coun- Counsel Services sel services'to Stradling; Yocca; Carlson, and Rauth. Awarded to The motion carried by the following roll call vote: Stradling et al AYES:' COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL'MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None MOTION A motiom'was made by`Council'Member Buffa, seconded by Emergency Funds Vice Mayor Ainburgey, authorizing an emergency appro- Authorized priation of City funds in an amount not to exceed $2.5 million, to purchase properties along Victoria Street from property owners who are experiencing financial difficulties caused by the project or other factors, and providing for guaranteed reimbursement from Lease Revenue Bond proceeds. The motion carried by the following roll'call vote: -AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Day Laborers The'Clerk presented'fron the meeting of June 20, 1988, a request fron Vice Mayor Amburgey for additional enforcement efforts'at Lions Park. Vice Mayor Amburgey stated that his request is to have the'City Manager pursue -whatever action necessary to eliminate'the illegal aliens on _the west side of the City. He reported that he has been receiving calls fran citizens concerning problems"on'-the west side relating to the day workers who congregate in and near Lions Park. The Vice Mayor commented that the day workers that are here legally should be assisted; but illegal aliens should not be'tolerated. He recommended that the City Manager do'whatever possible to resolve the problem, including the'use of the INS (Immigration and Naturalization Service), if necessary. Council Members Wheeler and Horhbuckle believed that the direction to the City Manager should be more specific and asked if the Vice Mayor was proposing that the police round up illegal aliens. Council Member Wheeler was of the opinion that the problem is not as.serious as.it has been made out to be; and that the day workers are not violating any laws by -,being in the park. He was concerned that the day workers,.would become fearful of the police and withhold important.,infozmation if the police were to round up illegals. Council Member Buffa commented that the park should not be used.as a.hiring site. He suggested that a hiring hall be found and financed by the City so that legal day workers could find work in an organized fashion. He stated -that having large numbers of men in the park formany hours at a time generates a concern by the residents. Frances Reed, 555.Paularino Avenue, Costa Mesa, did not believe .that the City could.legally enforce the immigra- tion laws. She agreed with the suggestion to provide a hiring hall. Pat Dolan, 923 West 20th Street, Costa Mesa, stated that his comments will relate to illegal aliens only, not race. Mr. Dolan asserted that the problem of illegal aliens is very.serious, stating.that women will -.not shop in certain west.side areas nor go to the park because of the abuse by the,'day workers. He commented that the park -As not.serv-ing the citizens of Costa Mesa, that property values will depreciate, and schools are being negatively affected. Mr. Dolan spoke about illegal alien crime: statistics. Heriberto Cervantes, 555 Paularino Avenue, Costa Mesa, spoke. in Spanish.and Frances Reed translated. Mr. Cervantes stated .that the men in the park are looking for work to feed their.fanilies. He mentioned that ;.many want to return to .Mexico but -need a few days' work so.they will not,return.empty handed. Mr. Cervantes stated -that it is better that these men attempt to find !jobs rather than obtaining -money by illegal means. Bennie Davis, 1845 Anaheim Avenue, Costa Mesa, reported that her residence is across the street from Lions Park and she has counted between 40 and 80 day workers in the park each morning. She stated that many people from her• complex will not go to the park, nor the library, because they are verbally abused by the day workers. She agreed with the idea-of,establishing a hiring hall. RECESS The Mayor declared a recess.at 8:30 p.m., and the meet- ing reconvened at 8:45 p.m.- Scott,Mather.,-1115.Corona,Lane,.Costa Mesa, representing the City's Human Relations Committee, stated that in April, Council requested the committee to look into the concerns related to day workers.in Lions Park, and to make recommendations to the,Council to ease the existing neighborhood tensions. - Mr. Mather reported that the committee has-been monitoring the situation at the park; conducting,living roam dialogues; evaluating sugges- tions; -and will be submitting recommendations to Councs as soon_as possible.- Mr. Mather stated that the number -of day workers is decreasing, and the police have ad- vised the camnittee that .there has -not been an increase in,, crime because of the day. workers. 'Ihe cammittee is recamnending.that there beano increase in law enforce- ment on the west side dealing with day workers, because to do. so would actually increase rather than ease the tension which now.exists. Mr. -Mather read recanmen- dations frau the carcanittee : ' bring camnunity activities back to the park; investigate the hiring hall concept; support past and present police policies; have a Spanish-- speaking anbudsperson working on -the west side; and determine whether the Lrisure:Services Department can provide sports events for the day workers. Sid Soffer, 900 Arbor Street, Costa Mesa, contended that property values in Costa Mesa are not declining. He commented that people in Mexico are starving, forcing them to came to the United States to seek employment. Jan Luymes, 592 Park Drive, Costa Mesa, stated that the area has deteriorated since 1983 when she first moved into her ham. She contended that the Day Workers Task Force Report has not solved the problem, and use of the park as a hiring site is inappropriate. Ms. Luymes reported that herhome has been broken into twice, and because of the day workers lingering in Lions Park, she is fearful of going there. She supported the hiring hall suggestion. The Reverend James A. Nelson, 99.0 Linden Place, Costa Mesa,'urged the'Council to continue supporting the _living roan dialogues and to encourage cammunication between various ethnic groups._, Tan Margitan, 780 Center Street, Costa Mesa, who has resided at that address since 1976, maintained that -' residents have rights too._ He reported that.his 10 - year -old daughter had been molested by a Hispanic man approximately two weeks ago, and that his home has been burglarized three times. He asked Council to address the concerns of the property owners on the west side. David Garcia, 2053 President Place, Costa Mesa, a four- year -resident, cam-nented that he would go to Lions Park too if he were desperately in need of employment. He was In favor of the living roam dialogues, and did not object to the day workers using the park to find employment Juan Chavez, 105 Georgetown Lane, Costa Mesa, camnented that the police cannot determine which day workers are citizens, and that it is unconstitutional for the police to ask for identification without reasonable cause. Anthony.Sweet, 126.Monte Vista Avenue, Costa Mesa, stated.that if sweeps of illegals were started, it would increase human relation problems. He camnented that since the -police cannot tell if a person is a citizen or an illegal alien, they could very well be violating the rights of individuals. Ava Goodwin -Noriega, 2412 Lesparre Way,_ Costa Mesa, member,of the Human Relations Camnittee, expressed her appreciation�to the Council on how they have addressed thisproblen, and comented that the same problems concerning undocumented.workers exist everywhere. Jean Forbath, 2880 Club House Road, Costa Mesa, 27 -year resident of the -City, commended Council for atempting to resolve the day workers problem. She sympathized with the west side property owners and explained that the men frequent the park -because they are lonely. She reported that many of the illegals do not apply for amnesty because they cannot afford the fees. U3, Diane Goldstein,•1981 Wallace Avenue, Costa Mesa, stated that she will' -not allow her children to go to Winchell',s Donuts because'she fears for their safety. She reported that she had been.accosted by.Hispanics at Stater Brothers Market (19th street and Placentia Avenue) and .will no.longer shop.there,;and:neither will she go to Lions'Park. Ms. Goldstein was in favor of providing a hiring hall. John Burns, 2161'Miner-Street, spoke in favor of ridding the City of all''illegal aliens, commenting that these people have violated the law by having entered the country illegally. Steven McNash, 2292 Canyon Drive, Costa Mesa, reported that he has'hired Hispanics many times and has been very satisfied with their work. He did not believe the park was the proper place.,for'the workers to congregate and was in favor of obtaining -a -hiring hall. Jerry Field, 1845,Anaheim Avenue, Costa Mesa, reported ;that his unit is on the corner -of Anaheim Avenue and Center Street (across the street from Lions Park) and he has not noticed any problems caused by the day workers. Mr: Field 'was in,favor of the hiring hall idea. Ann Shereshevsky, 2152 Elden Avenue, Costa Mesa, stated that the majority of senior citizens who reside at Casa Bella are'not fearful of the Hispanics at the park. She caianended Council for their efforts in attempting to resolve the day workers problem and favored finding a site for a hiring hall., Frank Forbath,'2880 Club House Road, Costa Mesa, appealed to Council to consider the seriousness of the proposal made by Vice Mayor Amburgey. Barb'Burns; 2161�-Miner Street, Costa Mesa, ca merited that -the issue -is illegal aliens, not race or national- ity. She stated that the illegals send their earnings to Mexico while obtaining free food frau charitable organizations. She suggested providing a building for the homeless. Pat Dolan spoke again and expressed his support of the sweeps of`illegals' which.have occurred in the cities of Orange and Santa Ana. Motion Made to A motion was made by Council Member Hornbuckle, seconded Refer Matter to by Council Member Wheeler, to refer this matter to the Human Relations Human Relations Cam ittee and to wait for their recon - Committee mendations before further action is taken. Council Member Hornbuckle referenced the Mayor's request to the Human Relations Committee asking them to look into.the'day•workers issue,- and to cone back to Council with''tecainnendations. ' She reported that the -committee talked to'approximately"450.people during the living ' rocn dialogues, and about"200 want to continue to stay ..involved. She was of the opinion that this is somewhat a matter of race.- Council Member Hornbuckle stated that the number of day workers in the park has declined dramatically. since mid-March when the the number of men seemed to be at a peak. She camnented that there has been'no documentation 'that there is an increase in crime in the Lions Park area, and that the City's high- est crime ratd`i", not on the west side. She stated that she is not taking lightly the concerns of the citizens 05 who live near the park;.there is a problem, and there is no Immedia'te solution.. Council Member Hornbuckle asked that the Human Relations Ccmittee be permitted to continue.is.wor, t k :and sutmit recommendations to Council as they were originally requested to do. Vice'Mayor" Am . buigey wanted; to make . ke it clear that he is not opposed to the Human Relations Camittee, and he participated in.thelliving roan dialogues when he served on the, mmittee with Council Member Hornbuckle. In reference to an earlier comment regarding the cost of filing kor,amnesity being the',reason many illegal's do not .start the amnesty process, -the Vice Mayor camented that it was,very strange that the 'Illegals could not afford to file -for amnesty,. yet they pay $300.00 to $500.00 to cross ss the border., Substitute Motion' Vice May,ort- inbuidey,made'' a substitute motion to direct Made to Direct City. the City Manager to address the illegal alien problem Manager to Address in th4'City:'and°to do whatever necessary to eliminate Illegal Alien this problem, and calling the 'INS as a last resort. Problem The substitute motion was seconded by Mayor Hall, and further discussion ensued. Council 'Meanber-buffa''a9ked'for clarification as to what was being,referred to the Human Relations Committee for recommendation. Council,Membe.r Hornbuckle responded that her motion was to pemit the camnittee to canplete the work requested by Council in April, and she loped that Council''will give ,the m -until early September to sl"#a report.-. At the request I ; of . Council uncil _ Member . Buffa, the Police Chief offered his.camnents about -the day workers issue. The Police Chief stated that there is a perception prob- 164n rather than -a real problem; the west side does not have the highest crime rat I e'jn,the City and it does not warrant the present level 'of police activity. He com- mented that the day workers'are not a crime problem except for possible, littering., occasional urinating i' and catcalling to''women. The Chief was of the opinion that to insinuate that the day workers are committing burglaries'in the area is totally erroneous. Council Member Whe'e'ler-saw'a second facet to the prob- lem in that this is not necessarily a race problem, it is also a class conflict . problem; there are people' trying to findjobs and that is upsetting the people in the community.- H6stated that there should be a place for the I poor, . and if the poor want to congregate in the park, he could.see no problem ' with that. Council Member Meeler had a pr6blem� with the Vice Mayor's motion because it'does_not.specifically state what steps staff should take. He stated that he would support a resolu- tion ofnoncooperation with the INS because it creates so 1. many . I woblems for the,6cm'munity when people are deported and -the-rbst, of . Eheir-families.are left behind. He also believed that sweeps -by the INS are an invasion of� c iv il liberties., Vice . Mayor Amburgey stated that the day worke rs issue is a real problem to the residents living in the vicinity of the park e noted that'mostof the people who oppose id '-'is motion t'1lon'Ao not live. in the area where the pkoblem�'exi_sts. Th, 6 Vice. Mayor repeated that his corr- cern-, k wa problem'ex. not with, those people who have gained their amnesty but rather 'With'the illegals who have crossed the .1 'border in violation . ofthelaw. Mayor Hall stated that`the'probiem not only affects the day. workers but also the citizens. He did not believe it was. appropriate to use the'park as a hiring site. The Mayor reported that after talking with several contractors, lie was of the opinion that the hiring hall concept may -.be difficult to implement. SDCOND SUBSTITUTE Mayor_Hall made a substitute motion (combining the pre - MOTION ceding motions)' directing the Hdman Relations Ca�aLittee Directed .Committee and the City Manager to-submit''i ommendations concern - and Staff to Sub-_ ing the day workers problem for the meeting of July 18. mit'Recarnnendations by July,18, 1988 Vice Mayor Amburgey opposed the motion stating that this issue has been a problem since November, 1986,, and after, all this.time,'nothing has been resolved. He did not believe a solution could be obtained in two weeks when nothing has been resolved in the, past two years. Council:Member Buffa blamed'the Federal government for the problems because it,has done -nothing to close the borders. - The substitute motion by'Mayor Hall carried 3-2, Council Members Amburgey and Wheeler voting no. Council Member Hornbuckle suggested that Council submit a request to the League. of, California Cities to be ..considered at its conference in October, dealing with . the day workers situation which is a problem for all cities iri California, and.to encourage the Federal government to take a more active roll in helping to eliminate the problem.. RDCESS The'Mayor declared a recess at 10:50 p.m. and the meet- ;ing.reconvened at 11.:05 p.m. NEW BUSINESS The -Clerk presented a recommendation from the Cultural Arts Committee concerning allocation of cultural arts Cultural Arts ;funds. Funds Council Member Wheeler referred to a memorandum frau the Cultural Arts Committee dated June 30, 1988, which contains recommendations for allocation of cultural arts funds. He'pointed'out that the total recommendation is for $179,028.00;,however, the approved budget only appropriated $175,000.00., Council Member Wheeler expressed concern about lobbying done by one of the applicants and the person doing'the lobbying was a member of the committee. He stated that a conflict occurs when a member of the committee is also a member. ,of an organization requesting funds. He commented that another.problem that exists-is."vote swapping. Council Member Wheeler"recommended that a Conflict of.Interest statement be drafted -for the Cultural Arts Committee members. In addition; Council.Member Meeler believed the committee. should.be I. can citizens and not representatives of the groups who are seeking funding. MOTION, A motion was made by"Counci1-Member Buffa, seconded by Cultural Arts. Council Member Hornbuckle, to`allocate cultural arts Funds Allocated funds -.as recommended in the.memorandum of June 30, with the exception thatthe total allocation is to be reduced by $4,028.00 in order to stay within the amount appro- priated for this fiscal year.: reduce the Orange County Philharmonic allocation `frau $9,888.00 to $9,388.00; ;reduce ,the Pacific Chorale allocation from $5,777.00 to $5,249:00; reduce the South`Coast Repertory allocation from -$34,000.00 to'$32,'500.00 and reduce the South Coast Symphony allocation from $37,872.00 to $36,372.00; and stipulating that the,funds, which were advanced to South Coast'Symphony several weeks ago shall be deducted from the allocated $36,372.0.0. Vice Mayor Anburgey was opposed to making reductions in the allocations, recanmended -by the camnittee. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Wheeler, Hornbuckle, Buffa NOES:- COUNCIL MEMBERS: Amburgey ABSENT: COUNCIL MEMBERS: None Alice Liggett,1088 Salinas Avenue, Costa Mesa, Chair person of the Cultural Arts Committee, stated that she appreciated the -effort to keep allocations within the budget; however, she would have preferred the item going back to the camnittee for -their recamendations on allocation reductions. Ms. Liggett was of the opinion that it would be difficult for those not involved with the cultural arts to,decide,how the funds should be allocated. She ca mented that she is not aware of any conflicts or lobbying. .Marina=Cartnittee The Clerk presented requests from the Marina CaY¢nittee to present a status report and authorization to hire a consultant. Mayor Hall -explained -that the request is merely asking for pemission to. obtain quotations frau consultants, not a request to hire a consultant at this time. Tom Testa, 1218 Las.Arenas, Costa Mesa, Chairman of the Marina Camittee,.reported that the camnittee was formed in 1987 to present facts regarding the prospects of a marina along the Santa Ana River. He stated that representatives from the United States Army Corps of Engineers, County of Orange, resource agencies, property owners, and other local jurisdictions have attended camnittee meetings to discuss the possibility of a marina being canpatible with the expansion of the Santa Ana River project. Mr.'Testa_reported that the Corps indicated that the 1988-89 Federal budget does not provide for funds to start construction of the river project..within the next 12,to 18 months. Mr. Testa asked for:Council authority to obtain proposals fran independent consultants who are experienced in working with the Arany Corps of Engineers, the Coastal Camnis- sion,.and other:agencies involved. Council Member Hornbuckle asked if the catmittee had reviewed the Marina Econanic Impact Report by Keyser Marston Association, Incorporated, canpleted in 1985, or any reports,done by Ken.Sampson, a consultant for the City frau 1979 -to 1985. Mr. Testa responded that the committee did see=the Marina Econanic Impact Report but did not see any reports by Mr. Sampson. Mayor: Hall pointed out that Mr. Sampson's contribution to the effort was to keep the marina on the recacQnenda- tion,:list of.the California Marine Affairs and Navig& tion Conference, and to make -the Corps of Engineers aware of the project. Council Member Buffa, who serves on the Santa Ana River Flood Protection Agency, reported that construction funding has been deleted for now, and the earliest opportunity for funding would be in the 1989-90 Federal budget. 10601 MOTION On motion., by Vice Mayor Amburgey, seconded by Council Authorized Claim. :Member. Wheeler, authorization was giventto pay.the to be Payed'claim. The motion carried by the following roll call vote: AYES: - ',COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None Agreement with Item 14 on the -Consent Calendar -was presented: Agree - Austin -Foust 'iment with Austin -Foust Associates, Incorporated, 450 North Tustin Avenue, Suite No: 108, Santa Ana, in an Citywide Traffic amount not to exceed $46,400.00, to prepare a Citywide Model traffic -model.. Sid Soffer; 900 Arbor Street, Costa Mesa, stated that these types -of agreements should be explained -'to the public. 1 Council Member Hornbuckle was opposed to spending any more ,money on ahe-marina because intense development resulting in'additional traffic would be unacceptable to Costa Mesa citizens. Council`Member-Wheeler.was.of the opinion that the marina will never be constructed and was opposed to the City spending any more money on:the project. Sid Soffer, 900 Arbor.Street, Costa Mesa, spoke in support of -pursuing the marina project. Pat Dolan, 923 West 20th Street, Costa Mesa, member of the' -Marina -Committee, .and President of the Mesa West Haneowners Association, reported that the homeowners officially support themarina concept. MOTION A motion was -made by - Mayor Hall, seconded by Council Authorized Member •Buffa,:authorizing-=the Marina Committee to obtain Committee to 'consultants' proposals to pursue the marina program. Obtain Proposals The motion carried 3-2, Council Members Wheeler and Hornbuckle-voting M. Assessment District., -Ihe City Clerk presented a request for authorization for College Park- .to -send A .letter- to residents in the College Park area Block Walls concerning,the formation of an assessment district for construction of block walls around the area. 'The City Manager.referred.to-a memorandum from the Leisure Services Director dated June 24, 1988, which addresses the -above request... . MOTIF. On motion by Council, Member-..Hornbuckle, seconded. by Vice Authorized.Staff Mayor-Amburgey,--and carried:5-0-,, staff was authorized to to Proceed with proceed with a survey of College Park property.owners Survey concerning formation of an assessment district for construction of block walls. Petraglia Claim Item 9(d) -on -:the Consent Calendar was presented: Claim frau Randall F...Petraglia. _A motion was made by Council Member Wheeler to pay the claim:, The motion died for -lack of a second. MOTION 'A motion was made"by Council. Member Hornbuckle, seconded Claim Rejected by Vice Mayor Amburgey, to reject the claim. The..motion carried 4-1, Council Member:Wheeler voting no. Ramanosky Claim ;Item 9(f)-on_the-Consent,Calendar was presented: Claim from Kristy Rananosky. MOTION On motion., by Vice Mayor Amburgey, seconded by Council Authorized Claim. :Member. Wheeler, authorization was giventto pay.the to be Payed'claim. The motion carried by the following roll call vote: AYES: - ',COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None Agreement with Item 14 on the -Consent Calendar -was presented: Agree - Austin -Foust 'iment with Austin -Foust Associates, Incorporated, 450 North Tustin Avenue, Suite No: 108, Santa Ana, in an Citywide Traffic amount not to exceed $46,400.00, to prepare a Citywide Model traffic -model.. Sid Soffer; 900 Arbor Street, Costa Mesa, stated that these types -of agreements should be explained -'to the public. 1 Mayor Hall reported that this traffic model will include `the area southiof Baker'Street in order 'to obtain an indication of the impact of.projects on the entire City. MOTION On motion by Council Member Hornbuckle, seconded by Vice Agreement Approved Mayor Amburgey, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES': COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None I-405/Harbor Items18(a) and 18(b) on the Consent Calendar were Boulevard North- presented: Budget Adjustment No. 89-4 for $400,000.00 bound Off -ramp frau unappropriated General Funds to a new account for Widening the I-405/Harbor Boulevard northbound off -ramp widening project; and a request to reimburse the General Fund with traffic impact fees which will be generated during fiscal year 1988-89. MOTION On motion by Council Member Buffa, seconded by Council Budget Adjustment 'Member Wheeler, the budget adjustment was approved with No. 89-4 Approved thestipulation that the .General Fund will be reimbursed with traffic -impact fees. The motion carried -by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: • COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 1 Item 20(a) on the Consent Calendar was presented: and Noticeof Change Order No. 1 for $106,761.14 to the contract with Completion.' Manhole Adjusting Contractors, Incorporated, 2300 Green - Manhole Adjusting wood Avenue, Monterey Park, in connection with Measure Contractors "C". Street Maintenance 1987 -88 -(Partial Reconstruction, Application of Hot Rubberized -Asphalt Seal Coat with Measure "C" Street Chip Cover and Slurry Seal...on Various Streets); and a Maintenance 1987-88 request to accept the work which has been completed to the satisfaction of the Public Services Director. Sid Soffer,'900 Arbor Street, Costa Mesa, asked for an explanation of these items. Mayor Hall responded that when the voters approved - Measure -"C"., permitting the City -to retain the excess - funds and to spend them for improvements within the City, staff promised to make those improvements between November, 1987, and July 1, 1988,.and this has been accomplished. MOTION` On motion by Council Member Wheeler, seconded by Vice' Change.Order Mayor Amburgey, the change.order was approved; the work Approved,; Work was accpeted;-authorization was given to release 50 Accepted percent of the retention funds ($44,986.59) immediately; the Clerk was authorized to t ile a Notice of Completion; authorization was given to release the remaining reten- tion funds 35 days thereafter;;.the Labor and Material Bond was ordered exonerated -7 -months thereafter; and the Performance Bond was ordered exonerated 12 months there- after. The motion carried by the following roll call vote. AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS:- None ABSENT: COUNCIL MEMBERS: None 402 Measure "C" Parkway..: .Item 20.(b) on the Consent Calendar was presented: A Maintenance 1987788'. request, to accept the'work by Challenge Engineering, Challenge Incorporated, 4761 Lincoln.Avenue, Cypress, and to Engineering file a,Notice of Campletion in connection with Measure "C" Parkway Maintenance 1987-88 (Tree Removal., Curb and Gutter .and Sidewalk Removal and Replacement, and Other Improvements on Various Streets). The Public Services Director requested that Council only authorize release of 50 percent of retention funds ($41,071.68) immediately because inspection of the work has not yet been completed. MOTION On motion by Vice Mayor Amburgey, seconded by Council Authorized -Release, Member Wheeler, authorization was given to release of 50 Percent of . 50 percent of the retention funds immediately. The Retention Funds motion carried by,the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY The Assistant City Attorney requested authorization to REPORTS proceed with settlement of a lawsuit, Andelin v. City,of Costa Mesa, as outlined in her confidential memorandum Andelin Lawsuit: dated June 23, 1988. MOTION A motion was made by Council Member Hornbuckle, seconded Authorized Staff by Council Member Wheeler, authorizing staff to proceed to Proceed with with the.settlement. The motion carried by the follow - Settlement ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Van Dusen Claim The Assistant City Attorney requested authorization to settle the Dny Lou Van Dusen claim as outlined in her confidential memorandum dated June 21, 1988. Council Member Wheeler stated that the recommended amount of the settlement was too high. MOTION On motion by Council Member Hornbuckle, seconded by Settlement Council Member Buffa, settlement of the claim as Authorized recommended by staff was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Nichols Lawsuit The Assistant City Attorney referred to her confidential memorandum of June 28, 1988, and requested approval of the Comprcmise,.Settlement, and Release Agreement in connection with the lawsuit, Sheryn Nichols v. City of Costa Mesa. MOTION On motion by Council Member Hornbuckle, seconded by Agreement Council. Member Wheeler, the agreement was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa_ NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Request for Closed The Assistant City Attorney requested a closed session Session/Pacific to discuss pending litigation regarding the Pacific Amphitheatre Amphitheatre. The Mayor announced that closed session will be held after the close of regular business. Council Member Wheeler announced that he would not be participating in the closed session concerning the amphitheatre-due.to a conflict of interest which has arisen because of his -representation of the attorney for the citizens group. COUNCILMANIC COMMENTS Council'Member Hornbuckle announced that the Grad Nights that,the City helped sponsor were tremendously success - Grad Nights ful. Soccer Team's Council Member.Hornbuckle reported that the soccer team Departure for visiting .Russia will depart 'Thursday at 1:00 p.m. frau Russia Balearic Center and everyone is welcome to attend. Medal of Honor Mayor Hall reported that he received a suggestion frau Recipients., Carl Bureman, member of the.Council Select Advisory Camittee (Veterans Affairs), to have tree plaques male for Orange County Medal of Honor recipients and to have them ready for Veterans Day. The total cost for six plaques is $600.00. Council expressed their agreement with the suggestion. ADJOURNMENT TO At 12:10 a.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Roan to discuss pending litigation concerning the Concerned Pacific Citizens of Costa-Mesa/Pacific Amphitheatre lawsuit. Amphitheatre Lawsuit The Mayor reconvened the meeting at 12:.30 a.m. and announced that Council authorized.a payment of $3,500.00 MOTION to Concerned Citizens of Costa Mesa for court costs only Funds Authorized in conjunction with the public nuisance action pending with the Pacific Amphitheatre. ADJOURNMENT The Mayor declared the me ing adjou ed t 12. 5 a.m. Mayor of the City of Costa Mesa