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HomeMy WebLinkAboutF-2c - Admission of the City of Laguna Niguel to the San Joaquin Hills Transportation Corridor AgencyFebruary 12, 1990 CITY COUNCIL AGENDA ITEM NO. F -2(C) BY THE CITY COUNCIL CITY OF NEWPORT BEACH TO: City Council I FEB 1 2 EN 1 FROM: Public Works Department d4lrrj - jud �e - SUBJECT: ADMISSION OF THE CITY OF LAGUNA NIGUEL `TO--THE"`==!QTJ1N- HILLS TRANSPORTATION CORRIDOR AGENCY r -a,��y RECOMMENDATION: Adopt a resolution approving an amendment to the Joint Powers Agreement providing for the admission of the City of Laguna Niguel to the San Joaquin Hills Transportation Corridor Agency, and authorize the Mayor and the City Clerk to execute the amended agreement. DISCUSSION: Pursuant to the incorporation of the City of Laguna Niguel on December 1, 1989, it is desired to provide for admission of the new City as a party to the San Joaquin Hills Transportation Corridor Agency (SJHTCA). A copy of a letter dated January 17, 1990, describing the proposed action from William Woollett, Executive Director of the TCA, to Councilman Cox, City representative on the Board of Directors, is attached for reference. In order to provide for participation in the SJHTCA process by the City of Laguna Niguel, which is within the area of benefit for which Corridor fees must be paid, ratification of admission is recommended. Also attached for reference are copies of the proposed resolution and of the amendment to the Joint Powers Agreement. I Benjamin B. Nolan Public Works Director 11.3QLN � Attachments • • • January 17, 1990 TRANSPORTATION CORRIDOR AGENCIES The Honorable John Cox City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 Re: Admission of. the City of Laguna Niguel as a Party to the San Joaquin Hills Transportation Corridor Agency Dear Councilman Cox: The City of Laguna Niguel was incorporated on December 1, 1989. .It is anticipated that at a public hearing on February 6, 1990, the City of Laguna Niguel will comply with the requirements of Section 4.1 of the "First Amended and Restated Joint Exercise of Powers Agreement Creating.the San Joaquin Hills Transportation Corridor Agency" by enactment of an ordinance adopting the Major Thoroughfare and Bridge Fee Program of the Agency, and a Resolution establishing the Areas of Benefit, estimated costs and required fees. Section 9.1 of this Agreement requires the unanimous consent of all Parties, including the City of Laguna Niguel,.to be evidenced by execution of a written amendment to this Agreement. Such an amendment, together with'a form of resolution authorizing.execution, is enclosed. William Woollett. Jr., Executive Director Footlrcll/Eastern Corridor Agency Chairmen: Gary Hausdor7er San Juan Capistrano Members: Anaheim Irvine Mission Ouie Orange San Clemente San Juan Capistrano Santa Ana Tustin Yorba Linda San Joaquin Hills ComJdor Agency Chairman: John Cox Newport Beach Members: Costa Mesa Darya Point hvtne Mission Yrep Abwport Busch San Clemente San Juan Capistrano Santa Ana County of orange 345 Clinton Street. Cosa Mass, C4 92626 7141557.3998 FAX 7141557 ,9104 r, • • L I January 17, 1990 Page 2 We urge your City Council to adopt this Resolution on or before February.6, 1990, so that the City of Laguna Niguel may participate fully in the Board's meeting scheduled for February 8, 1990. We are anxious to welcome the City of Laguna Niguel to full membership.in the San Joaquin Hills Transportation Corridor Agency and to benefit from its full participation in the efforts to alleviate Orange.County'.s traffic problems by early completion of the design, financing and construction of the San Joaquin Hills Transportation Corridor. Sincerely, William Woollett, r. Executive Directo WRW /sds cc: Ms. Jean Watt Mr. Robert L. Wynn Mr. Ben Nolan 3 0 1 0 RESOLUTION OF •... THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH WHEREAS, the County of Orange and the Cities of Costa Mesa, Dana Point, Irvine, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency (the "Agreement" and the "Agency "), which Agreement became effective on October 17, 1988;. and WHEREAS, the incorporation of the City of Laguna Niguel (the "City ") became effective on December 1, 1989; and WHEREAS, it is anticipated that on February 6, 1990, • the City shall adopt an ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and r � u WHEREAS, it is also anticipated that on February 6, 1990, the City shall adopt a-resolution establishing the Areas of Benefit and fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City has requested admission as a party to the Agency; and WHEREAS, Section 9.1 of .the Agreement provides that the unanimous consent of the Parties to such Agency, evidenced by execution of a written amendment to the Agreement by all the Parties, including the City of Laguna Niguel, is required to admit the City of Laguna Niguel as a Party. Page 1 of 2 `f NOW, THEREFORE, in anticipation of the events recited • above, and . in order to enable the City of Laguna Niguel to participate fully in the Agency's Board meeting on February 8, 1990, the City of Newport Beach hereby authorizes its Mayor to sign and City Clerk to attest Amendment No. 2 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached as Exhibit "A". ATTEST: CITY OF NEWPORT BEACH Clerk of the City of Newport Beach By: • Bv: Dated: APPROVED AS TO FORM: ty Attorney Page 2 of 2 Mayor 5 AMENDMENT NO. 2 • TO THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY SECTION 1. The Board of the San Joaquin Hills Transportation Corridor Agency imposed no terms and conditions upon the participation of.the City of Laguna Niguel as a Party to the Agency pursuant to Section 9.1 of the First Amended and Restated Joint Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, in addition to enactment of the ordinance adopting the Major Thoroughfare.and Bridge Fee Program of such Agency and the resolution establishing the Areas of Benefit, estimated costs and required fees. f. SECTION 2. The first paragraph of such Agreement hereby is amended.to read as follows: THIS FIRST AMENDED AND RESTATED AGREEMENT was made and entered into, pursuant to Sections 11.1 and 11.3 by and among the following public agencies, other than the City of Dana Point and the City of Laguna Niguel, as of the 17th day of October, 1988, the first date on which.six or more of such public agencies executed this First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, and is amended by this Amendment No. 2 to such Agreement, pursuant to Section 9.1, by and among all of the following public agencies of the 6th day of February, 1990, the date on which the last of such public agencies executed this Amendment No, 2 to such Agreement: (a) County of Orange (b) City of Costa Mesa (c) City of Dana Point (d) City of Irvine (e) City of Laguna Niguel • (f) City of Mission Viejo. (g) City of Newport Beach (h) City of San Clemente. (i) City of San Juan Capistrano (j) City of Santa Ana .Page l of 5 f. • SECTION 3 follows: following: Section 3.2 hereby is amended to read as 0 The Board shall consist of the (i) One voting Board Member appointed by the legislative body of each of the following Parties, pursuant to Section 3.1 above; the Cities.of Costa Mesa, Dana Point, Irvine, Laguna Niguel, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana. SECTION 4. This Amendment No. 2 can be executed in any number .of counterparts. ATTEST: Clerk of the Board of Supervisors • By: Dated: APPROVED AS TO FORM: By: County Counsel ATTEST: Clerk of the City of Costa Mesa • By. Dated: APPROVED AS TO FORM: By: City Attorney COUNTY OF ORANGE By: . Chairman .Board of Supervisors CITY OF COSTA MESA By: Mayor Page 2,of,.5 7 ATTEST: Clerk of the City.of Dana Point By: Dated: APPROVED AS TO FORM: CITY OF DANA POINT By: Mayor By: City Attorney ATTEST: CITY OF IRVINE Clerk of the City of Irvine • By. Mayor By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of Laguna Niguel • By. Dated: APPROVED AS TO FORM: By: City Attorney CITY OF LAGUNA NIGUEL By: Mayor Page 3 of 5 J ATTEST: Clerk of the City of Mission Viejo By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of Newport Beach By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of San Clemente • By. i Dated: APPROVED AS TO FORM: By: City Attorney pq CITY OF MISSION VIEJO By: .Mayor CITY OF NEWPORT BEACH By: Mayor CITY OF SAN CLEMENTE By: Mayor Page 4 of 5 q ATTEST: • Clerk of the City of San Juan Capistrano By: Dated: APPROVED AS TO FORM: By: City Attorney ATTEST: Clerk of the City of Santa Ana. • By: Dated: APPROVED AS TO FORM: By: City Attorney • pq CITY OF SAN JUAN CAPISTRANO By: Mayor CITY OF SANTA ANA By: Mayor Page 5 of..5 iD *RESOLUTION NO. 90 -16 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE JOINT POWERS AGREEMENT FOR THE ADMISSION OF THE CITY OF LAGUNA NIGUEL TO THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY WHEREAS, the County of Orange and the Cities of Costa Mesa, Dana Point, Irvine, Mission Viejo, Newport Beach, San Clemente, San Juan Capistrano and Santa Ana have executed the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency (the "Agreement" and the "Agency ") , which Agreement became effective on October 17, 1988; and WHEREAS, the incorporation of the City of Laguna Niguel (the "City ") became effective on December 1, 1989; and WHEREAS, it is anticipated that on February 6, 1990, the City shall adopt an ordinance adopting the Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, it is also anticipated that on February 6, 1990, the City shall adopt a resolution establishing the Areas of Benefit and fees for such Major Thoroughfare and Bridge Fee Program in accordance with Section 4.1 of the Agreement; and WHEREAS, the City has requested admission as a party to the Agency; and WHEREAS, Section 9.1 of the Agreement provides that the unanimous consent of the Parties to such Agency, evidenced by execution of a written amendment to the Agreement by all the Parties, including the City of Laguna Niguel, is required to admit the City of Laguna Niguel as a Party. NOW, THEREFORE, in anticipation of the events recited above, and in order to enable the City of Laguna Niguel to participate fully in the Agency's Board meeting on February 8, 1990, the City of Newport Beach hereby authorizes its Mayor to sign and City Clerk to attest Amendment No. 2 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency, attached as Exhibit "A ". Adopted this 12th day of February ,1990 AFFIDAVIT OF KATHY BE NARD FOR ADOPTION OF INTERIM INCREASES IN DEVELOPMENT FEES I, Kathy Besnard, declare as follows: 1. I am the Assistant Secretary for the respective Boards of Directors (the "Boards ") of the San Joaquin Hills Transportation Corridor Agency and the Foothill /Eastern Transportation Corridor Agency (herein collectively "TCAs "). 2. I have personal knowledge of the facts set forth herein and, if called upon to do so, I could and would competently testify thereto. 3. The Boards proposed to adopt interim increases of the development fees ( "fees ") imposed by the TCAS' member agencies for new development within the areas of benefit for the San Joaquin Hills Transportation Corridor and the Foothill /Eastern Transportation Corridor (collectively the "Corridors "). Each member agency took action to modify its original resolution imposing the fees pursuant to the procedure set forth in Government Code §66484.3. 4. Notices of public hearings regarding the fee increase were mailed to property owners within the Corridors' areas of benefit of each member agency as follows: ` 4.1. In August 1989, property owners within the Corridors' areas of benefit were identified by obtaining tax assessor parcel numbers for all property within the Corridors' areas of benefit. The TCAs, in cooperation with the Orange RED % IM pU6 Z«� �'n °fetter next 0 0 County Environmental Management Agency ( "EMA "), prepared a computer list of mailing labels for each parcel number identified within the Corridors' areas of benefit. The computer list of mailing labels, incorporated herein by reference as Exhibit A, is in the possession, custody and control of the TCAS. The computer list is available for review upon written request to the affiant. 4.2. Datamail, a mailing service, attached the mailing labels to the Notices of public hearings to be held by the member agencies. The Notices were sent to property owners within the Corridors' areas of benefit, via first class mail. Notice to property owners in the unincorporated area of the County was sent on November 13, 1989, and to property owners in each city on November 11, 1989. Notices were provided at the same time to Homeowners' Associations within the Corridors' areas of benefit. A Mailing Statement /Weighing & Dispatch Certificate executed by Datamail is attached hereto as Exhibit B, evidencing mailing of the Notices. 5. The Notices were published in newspapers of general circulation at least fifteen (15) days prior to the • 0 public hearings, on dates evidenced in the certification of publication attached hereto as Exhibit "C" I declare under penalty of perjury that the foregoing is true and correct. Executed this 24th day of August, 1990 at Costa Mesa, California. Kathy Besna Assistant SLYcretary Board of Directors - Foothill /Eastern and San Joaquin Hills Transportation Corridor Agencies Exhibit B 0 ! P06 AL. SBdtICE PERMIT 31im !18R17206MM 1 i 360213607 MILL S STATMENT i6ISHIl6 & DISPI M COMFICATE f it 9 I STATIN its LWTi SWA At1A CI! 42A*gm T Tm cow I i MW POET VW. M I I FIMAICE MD PW NMM i t : :,06-WA MTg142L f i MtIt6lP PCT 3001 RED UL 4 -196 ! I soms MAILII6 O.00Y COSTA MESA, CA 42626-1111 t - I 1 �---- ---- '- ----------- --- ------- – _-- ..– -------------- i RELIT s(i— ATMEUT3ATEW?r -- M'1vr47-ZE------- T-- --- - -- t DATE TIRE I i . 1 11!13/89 ; MOM PMI CUffi CO# 121 - EST CL LETTER 5-016IT LE2 I ��..� I ---- — ------------- - ---- ---- ---- --t I M19W OF i AIC I •7 OF A I PIECES IMi .TOTAL I TDTAL i 160S TTai'i5 OTHER I CODE 151W PC i A GOM i PIECES t POU" t 1 0 24 0 i 121 1 0.1644 i y4.451 i 3n,4831 412.7M 1------ ---- -' ---- -------------- --------°---------------------- -- ------ — ----- 1 iFOR TOTAL iWALIFti16 i PIECE PIECES WE POSTAGE i XILI16 imT DIEM i RATE 381483 0.250 $41745.761 i1 i----------------------- ------- ---- ----- ----- - --------I ITDTAL 9 IMT OF KS I PREW TYPE PIcCES RATE POSTAGE 1 I 412.7001 0.000 1S DIGIT 38,983 0.210 $80186.431 ILESG TARE I LM TAE$ I I I O.Wol 0.000 1 1 1*7 IR I MET ht . 1 1 1 412.7901 0.000 iWIC I I- °---- --- ------ -------1-----1 i II CERTIFY TiAT ThE MATTER I I IMAILED WS BEEN IMSPECTED, 1CIe /ATTCM 1 ITHE STATEMENT OF MAILIM6 18PEC GERU I IATTAM W46 BEEN VERIFIED, i ----------------------------------------------- i fl 199 THE AMNJAL FEE MRS I TOTAL POSUNEE $8,160.431 IBEEk ;AID. i AWITI kid. AMWE I TOTAL COST TO MAILER 48,186.43i f i i 8� UaATURE OF MEIGHER RECEIVED Fun DISPATCH BY t © I---------------------------------------------------------------=°- iMAILL% iDEMTliiCkTIOM CODE 4 CLMENT iki*U: $7244 i ti1luELtS FRAI4 n I 30St/4i SN 900'39tld W3/3A9N 01 AogU 80al8d07 'dSN6ml W08J 91:21 06, L2 atlW ate 0 !1 T H E O R A N G E C 0i T Y This space is fooe County Clerk's filing Stamps iegzsfer 925 M Gale Aw Sala •ti CA 9270+ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, SS. b r e~.P11�41C, NOTTICE County of Orange, Juanita Folkerts Q ( 41 /ae'R✓ [gtirrr I am a citizen of the United States and ° [ �s_ e t + the County aforesaid; I am over the a years, and not a party to or interested entitled matter. I am the principal de of The Orange County Register, a new general circulation, published in the C County of Orange, and which newSpoP (tom f. Fi` odiudged a newspoper of general cirC J ✓� i` +� e i ~ Superior Court of the County of Orang California under the dote of NDVembe }t k Number A21046 that the notice of whit J a printed caDY, has been published in i entire issue of said newspaper and not w t �� : Re �a y Supplement thereof on the following d November 13, 1 i 0 y% `rl <�t�wnM .••• ••� MOM ux Gtr 9arma[9 ;; a a ✓�x OFPUtX1aFEARgtG 7,,N0110EGEHEBYGN3MM an tbqnW27. 1988, ar73Ddeloct PAL the GT/.- 9t, etepareead�Ane'rt�/,wicaw, Gap. Afichrakl pm9ooskiaanr la9asanmamoec+lmddi6is ve*;x0M*FMS'pis6irlia M ofrmoviWalawBrwp Fee ftgrambrtnesar TarapaatlmQa[I *P*k fee IRd raA%� 0EVMDKeNTFM0WYAFFLYT0NM EIBSfPIG�ENOALANQ�lIF818 PAE tiaT81RJECrT07F� ' °'E' = 1111:i1FJL9E ,''a,�{ `� �.cr ° Tp� ,`•d1Q"� t:;:: -. � J ':.;,t � � -- � :: �- Y�Yttie�edaeuelapewaryea w�gambead wiWntlr aaeal balsa one •areas _ Bte -.: mepmrtf9kr0Yttkhna> Lti.; ThsestknimCaia rthatmp�weewtetp69aatskumed F�.�RDram ,_ '. bribe �9bapi[t�T[aapotletbn .�asddlgtktatdtg was me0aa90xiN SUA[ton tee 1 certify (or declare) under venality o jM6VW WTheFea le offi"Mall 8r a foregoing is true and correct. pmdenbe*ends "r6wd@wWp 1 AeF+ePtcptdasr�lrchatmltRs t4 aebased9pxld* umoer b`r Executed at Santo Ana, California. tl° iBA1�° m° am° g °°squffi°wa�edine�a�e`re1°p„e'nQ°` `F 01ge9kktgldnt 79 ,a M 7f Date . ..... Kay— _14..... anita Folkerts . ellWtondeledh • dvrtt6ae eI880UtJewp9rt BHii, - •, . k"eswd too ass -.. "l;_*0 nma*.orW kyo9[bmetdre Signoture i,.�;to `art!a_•.p!!Qatnetkswauts irakgF maoms,�uygtg • THE RORANGE fCowTi. eg�ser 625 N G+ano A.m Sava ANS CA 9270+ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, I SS. County of Orange, This space is She County Clerk's filing Stamps Juanita Folkerts°` u 1 1 am a citizen of the United States Dnd r.✓ .. O• �� (? � +mrrY.nt<rar � y� � ;. 1 wrl alRW� , the County aforesaid; I am over the o years, and not a party to or interested entitled matter. I am the principal cle 'x , of The Orange County Register, a new: general circulation, published in the Ci a * - ; J 1. County of Orange, and which newspopl."n odiudged a new$Poper of general circa Superior Court of the County of Orong der, California under the tlate of November ✓ �✓ > >� . �rr� ' +� mr Number A2104 that the notice of whit r '' a printed copy, has been published in entire issue of Said neAspoper and not supplement thereof on the following d ✓� ;'�+� November 13, 1 lac N0 MU K UW4 t� tax uu mx CTT IOtrprKS w,rw, 1144 JUMP FeeTNLL/1.t ttIb"T.TI N i ,NOTICE OF PUBLIC HEARING — NOTICE IS HEREBY GIVEN that on November 27, 1969, at 7:30 dclocln P.M. Me City Council INBas City of Newport Beach{Ihe'Cify )will conduct a public tearing to oorteicler an increase in the collection of fees (Me 'Development Faso pursuant to the Major Tharouliftimand EFkIP Fee Program for the San Joaquin Hills Transportation Corridor (Me'FeeProgram'). DEVELOPMENT FEES ONLY APPLY TO NEW DEVELOPMENT.' 8=NG RESIDEN71ALAND NON. RESIDENTIAL UNITS ARE NOT SUBJECrTO THE PROPOSED FEE .INCREASE The increased Development Fees wile be collected within the area of benefit (the 'Areas of SeneM sham on the mapoontetnediriftrwtics. The estimated cast 01 ft Improvements to be surstru;cted purswritto the Fee Progam larthe San Joaquin HasTrmispo station Corridor. M Wing financing casts assadatedwith such construction Is SSW I certify (or lectors) under penolity 01 rmllbn doom W-So,000A00): The Fee Pmgmm is designed to apportion the Development Fees within the Areal Denefft foregoing is true and correct. won Ite hip ends generated by new develapmem'as determined! d -by Weep gem tables Included it !. the Fee Program, witch shall be assessed upon nowdevebpmera based upon the number of dweitg udts included in Executed of Santa Ana, California. the develepmen t.0 0 residential proleds) Or the gross square Wage Offtdevelopaem (fernormw0rawprelacm. The proposed new fee amounts ae as 150RUs: - � i 9 Zane B. Single Family Dwelling Unit Multiple Dwell1i Urdu Date .......... N.o v....14............ Nom Restaemter a n i t a F o l k e r t s Forinl0rmation regarding Me fwegi Said hearing will be condue �. ,e� Interested persons wWng to erpre Signature . Put" to the increase of the Devil Raggio, City cleric City of Newpod ,✓ pdak hearing, and must ider* at THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CITYCLERKOFTHE CITY OF NEWPOFr�, BEACH ,.1 P $202;i(un3 $IfiWunk . $11781unh $9t0/adt $271 /d 5201 /sf . 557.9072 . dews will be given an oppdenity to do so at the public heating. Any Fees must prior to the tine of the hearing, be submitted in writing to wands 500 Newport Bind, NMW Beach, California 92663, prior to the close olthe 0 0 TRANSPORTATION CORRIDOR AGENCIES March 26, 1990 Ms. Wanda E. Raggio City Clerk City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 02663 Dear Ms. Raggio: RECEIVED MAR 28 191 .•i Gf1'QERIf On January 17, 1990, the TCAs sent a letter regarding the admission of the City of Laguna Niguel as a member of the San Joaquin Hills Transportation Corridor. At that time, we requested that your City Council approve a Resolution and an �Imlig'111'111 `111110 To date, we have not received a signed copy of Amendment No. 2 from your office. Please expedite copies of these agreements to and we will in turn send you a certified copy we have received all documents from the member cities. Thank you for your assistance in this matter. Sincerely, Kathy shard Secretary to the Board of Directors KB:kh William Woollatt, Jr., Executive Director Foothill /Eastern Corridor Agency Chairman: Gary Hausdorfer San Juan Capistrano Members: Anaheim i vine Mission Viejo Orange San Clemente San Juan Capistrano Santa Ana Tustin Yorbs Linda County of Orange San Joaquin Hills Corridor Agency Chairman: John Cox Newport Beach us, Members: once Costa Mesa Dana Point Irvine Mission Viejo Newport Beach San Clemente San Juan Capistrano Santa Ana County of Orange 345 Clinton Street. Costa Mesa, CA 92626 7141557 -3296 FAX 7141557-9704