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HomeMy WebLinkAbout11/21/1994 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 21, 1994 The City Council of the City of Costa Mesa, California, met in regular session November 21, 1994, 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 led by a representative from Troop T106, Kaiser School, and invocation by Ms. Karen Johnson, Seventh Day Adventist Church. ROLL CALL Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Joe Erickson Council Members Absent: Council Member Peter Buffa Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Personnel Services Director Steven Hayman Transportation Services Manager Peter Naghavi Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Hornbuckle, seconded by Council November 7, 1994 Member Erickson, and carried 4-0, the minutes of the regular meeting of November 7, 1994, were approved. ORDINANCES AND A motion was made by Council Member Erickson, seconded by RESOLUTIONS Vice Mayor Humphrey, and carried 4-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Robert Graham, 3252 Dakota Avenue, Costa Mesa, showed a CATIONS photograph illustrating the unattractive overhead utility lines on Fair Graham Comments Drive. He suggested that the City find a way to obtain funds to improve Fairview Park. He also recommended making 19th Street a wide, landscaped boulevard from the 55 Freeway to Huntington Beach. Arnold Avenue Janice Davidson, 1982 Arnold Avenue, Costa Mesa, complained Fire Hazard about the condition of the property at 1985 Arnold Avenue which is a fire hazard. She mentioned that she contacted the Orange County Health Department but nothing was done to get this problem resolved. The City Manager responded that staff will prepare a report on this issue and forward it to Council and Mrs. Davidson. Problem Areas in Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, representing the the City Costa Mesa Homeowners Association Alliance, reported on issues discussed at a November 16, 1994, meeting with several Costa Mesa social service agencies. Concerns voiced by the citizens and business community included the motels on Newport and Harbor Boulevards; pandering at the Lucky Store on Harbor Boulevard and A42 Victoria Street; safety at bus stops and the Senior Center; and the number of transients, not the homeless. He commended the Police Department, especially Lieutenant Alan Kent, for being receptive to citizens' concerns, and also thanked Council Member Erickson for spearheading this project. CONSENT 1 On motion by Vice Mayor Humphrey, seconded by Council Member CALENDAR Erickson, and carried 4-0, all Consent Calendar 'items were MOTION/Approved approved as recommended. READING FOLDER ' The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: John and Laura Ayres; Joel L. Lopez; Anne Mule; and Tuttle -Click Nissan. Alcoholic Beverage i Alcoholic Beverage Licenses for which parking has been approved Licenses by the Planning staff. Pain Du Monde, doing business at 1870 Harbor Boulevard, Suite A100; and Smart and Final Stores Corporation, doing business at 707 West 19th Street. WARRANTS Warrant Resolution 1585, funding City operating expenses in the Approved Warrant amount of $2,678,744.29; and Payroll 9422 for $1,208,062.42, were 1585; Payroll 9422 j approved. REJECTED CLAIMS i The following claims were rejected: Huwe Tran 20th Century/Wixted Jason G. Huwe (bicycle accident on southbound Bristol Street). Thu Huong Thi Tran (vehicle traffic collision allegedly due to malfunctioning traffic signal). 20th Century Insurance Company/Margaret Wixted (traffic collision with on -duty police vehicle). ADMINISTRATIVE Asbestos Removal and Demolition of Recreation Building and ACTIONS/Accepted j Restroom at Paularino Park was completed to the satisfaction of the Work by Mesa Pacific Community Services Director on October 25, 1994, by Mesa Pacific for Asbestos Removal Development Company, 151 Kalmus Drive, Suite B-110, Costa at Paularino Park Mesa. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Council Review of set for the public hearing to consider a request from Mayor Genis PA-94-64/ZA-94-08, for Council Review of the Planning Commission's approval of St. Joachim Catholic Planning Action PA -94-64 and denial of Zoning Action ZA-94-08, Church Reverend Kenneth Krause, authorized agent for St. Joachim Catholic Church, for a Conditional Use Permit (PA -94-64) to expand a school by allowing a day care facility (previously a single-family residence); and a temporary trailer permit (ZA-94-08) to continue to use a trailer as a library, located at 1964 Orange Avenue in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the City Clerk's office. A communication was received from Woodrow Lewis, Post Office Box 2286, Newport Beach, owner of property near the church, opposing the child care facility. The Deputy City Manager/Development Services reviewed the Agenda Report dated November 1, 1994, and showed transparencies of the site. Mayor Genis stated that she requested Council Review out of concern for the neighbors, to ensure they were adequately protected from noise and damage to a neighbor's fence. Sister Maria Lamprecht, 1964 Orange Avenue, Costa Mesa, Principal of St. Joachim School, stated that they had no problem with revised Condition No. 13 and would like to move forward with the landscaping which will benefit the church and the neighbors. John Leonard, 1980 Continental Avenue, Costa Mesa, architect and parishioner, representing the church, reported that he had been in contact with Nursery Land and had described the requirement of Condition No. 13 to them. They suggested a plant called a Privet which is used as a noise buffer and is a fast-growing shrub. Pastor Kenneth Krause, 1964 Orange Avenue, Costa Mesa, commented that the church is working to be proactive in this regard, and is certainly concerned not only for the children, but for the neighbors as well. Karin Ahlf, 217-B East 20th Street, Costa Mesa, reported that she resides to the rear of the playground area, and was concerned about noise and windows being broken by items thrown over the fence. Ms. Ahlf played a tape recording of children playing on the playground at night and suggested relocating the playground away from residences. Rick Gilliam, 221-B East 20th Street, Costa Mesa, whose home is adjacent to the preschool area, stated that his fence has had to be reinforced because of the children playing in that area. Mr. Gilliam encouraged the church to build a wall on the side that faces the preschool area. Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, spoke in support of the applications. Gary Monahan, 139 Albert Place, Costa Mesa, stated that construction of a block wall would be a considerable financial hardship for the church, and would not solve the noise problem since the wall would be the same height as the existing fence. He felt that planting bushes would work out just fine. David Word, 1980 Orange Avenue, Costa Mesa, who resides next to the church, behind the trailer, stated that very few balls are thrown into his yard, and the noise is minimal. Vice Mayor Humphrey wanted assurances that the shrubs being planted will eventually grow together so that there will be no spaces between them, citing the problem that occurred at Nabers Cadillac. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded by Resolution 94-108 Council Member Hornbuckle, and carried 4-0, to adopt Resolution Adopted Approving 94-108, A RESOLUTION OF THE CITY COUNCIL OF THE PA -94-64 CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -94-64 AND DENYING ZA-94-08, with Condition No. 13 modified to read, "Tall growing, hedge -type plant material shall be provided along the northerly property line between 144 the day care facility and playground and the adjacent residential properties. Landscape and irrigation plans depicting the type, quantity and size. of plants, plus an irrigation system, shall be j submitted to the Planning staff for review and approval. Installation of the landscaping and irrigation shall be completed within 60 days of final City Council action." Vice Mayor Humphrey supported the motion with the proviso that staff make sure that the planting of the shrubs will ensure a dense and high enough hedge to create the required sound barrier. Council Member Hornbuckle noted that this is a Conditional Use Permit, so if conditions are not met or problems continue, the City can certainly review this again. i PUBLIC HEARING The Deputy City Clerk announced that this was the time and place General Plan set for the public hearing to consider General Plan Amendment GP - Amendment 94-03A, to amend the City's Master Plan of Bikeways to include GP -94-03A additions, deletions, and reclassifications. Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. The Public Services Director summarized the Agenda Report dated November 14, 1994. The Transportation Services Manager reviewed the Agenda Report dated November 14, 1994, and provided transparencies showing the additions, deletions, and reclassifications of the bikeways. (Agenda Report Page 5, Exhibit "A"). Lori Hoskins, 1799 Tanager Drive, Costa Mesa, referenced Exhibit "B" of a statement submitted to the City Council at their Study Session of November 14, 1994, and a petition signed by 27 homeowners strongly opposing construction of the Tanager Drive bikeway behind their homes. She submitted a photograph showing how the proposed bikeway would obstruct their view of the Golf Course. Heather Somers, 313 Robin Hood Lane, Costa Mesa, President of the Eastside Homeowners Association, requested that Council retain the Class 2 bike lane on Santa Ana Avenue from Del Mar Avenue to Costa Mesa Street, to provide a safe route for school children. She suggested that the City annex the remaining parcels of County land in the area, so the City can construct more sidewalks and bike lanes. She read a letter from Janet S. Hadley, Co -President, Heinz - Kaiser School, Parent Faculty Organization, objecting to removal of bike lanes to and from the Kaiser Schools. Ron McGuff, 1789 Tanager Drive, Costa Mesa, supported a bike lane on Tanager but was concerned about speeding vehicles. He mentioned a dangerous situation on the bike trail at the intersection of Golf Course Drive and Tanager Drive, suggesting that the City improve its maintenance. Annie Younglove, 229 Robin Hood Place, Costa Mesa, Co - President, Heinz -Kaiser School, Parent Faculty Organization, reported that the number of students in the Newport -Mesa Unified School District is increasing and there is a possibility of opening two other school sites, such as Lindberg and Harper, within the next two years which would impact the bike lane even more. She indicated that the students that go 'to Ensign Intermediate School rely heavily on the bike lanes on Irvine and Santa Ana Avenues. [1 aa. 145 Karen Breithaupt, 1801 Tanager Drive, Costa Mesa, was concerned for the safety of not only those who use the Tanager Drive bikeway but also for the homeowners who reside there. She submitted photographs of the existing bike trail along the Joann Street side of the Golf Course showing paper, cans, broken bottles, discarded clothing, and grocery carts, as well as large cuts in the fences. She mentioned the graffiti on homes along that bikeway. Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, stated that the Joann Street bike trail needed to be cleaned up. Robert Graham, 3252 Dakota Avenue, Costa Mesa, showed a display of the Tanager Drive bikeway, stating that it has not been properly studied. He suggested finding a safe way for people to cross the golf course area to get to the park. He objected to deletion of the Santa Ana Avenue bike lanes. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that parents should accompany their children to school if they feel the bike lanes are not safe. Bill Smith, 113 Georgetown Lane, Costa Mesa, felt that bike trails are essential, especially for the safety of children. There being no other speakers, the Mayor closed the public hearing. Council Member Erickson recognized Robert Graham for all the work he has done on bikeways. MOTION A motion was made by Council Member Erickson, seconded by Resolution 94-109 Vice Mayor Humphrey, and carried 4-0, to adopt the Negative Adopted Approving Declaration of Environmental Impact, and to adopt Resolution 94 - GP -94-03A 109, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -94-03A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, amending the Master Plan of Bikeways as recommended by staff, except that the Class 2 bike lanes on Santa Ana Avenue between Del Mar Avenue and Costa Mesa Street shall be retained, with a direction to staff to come back to Council in 60 days with methods of providing a safe bike route; and stipulating that the Tanager Drive bikeway shall not be constructed behind the homes on that street. RECESS The Mayor declared a recess at 8:15 p.m., and reconvened the meeting at 8:30 p.m. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Abandoned Shopping set for the public hearing to consider an ordinance relating to Carts abandoned shopping carts, and City Attorney's Report No. 94-29B. The Affidavit of Publication is on file in the City Clerk's office. Forty-six communications were received supporting the proposed ordinance; three communications supporting any type of regulation which would solve the problem; and two communications recommending that the persons taking the carts be fined, not the store owners. The City Manager reviewed the Agenda Report dated November 17, 1994. Council Member Erickson questioned the fairness of fining stores $250.00 for an abandoned cart and he felt the ideal solution to the problem would be to prevent the carts from leaving the stores' premises. Phil Morello, 1715 Samar Drive, Costa Mesa, President of the Wallace Avenue Improvement Group, (W.A.I.G), reported that W.A.I.G. objected to the wording in City Attorney's Report No. 94- 29B, Page 2, Section 15-16(b), because an exemption would only be needed if the plan were failing, and if it did fail, another plan should be implemented. He also questioned the requirements on Page 6, Section 15-19.2(d), regarding a public auction or disposing of abandoned shopping carts. Mr. Morello outlined their plan that he felt would virtually eliminate abandoned shopping carts from view, while reducing the cost to grocery stores: (1) Approve the ordinance with the recommended modifications from W.A.I. G.; (2) Grocery stores to provide foldable "granny carts" at each supermarket at cost to the general public; (3) Implement a yearly fund raised to buy "granny carts" through the Human Relations Committee for those that cannot afford them; (4) Implement a quarterly education program for the general public through the Human Relations Committee about the wrongful act of taking shopping carts; (5) If needed, grocery stores should have a person shag carts or install physical barriers/alarms to the removal of carts from parking lots; (6) Signs if not already evident should be posted stating that it is wrong to remove carts from the grocery store grounds. Mayor Genis thanked Mr. Morello for all the work he has done regarding this issue. Beth Beeman, Director of City/County Governmental Relations, California Grocers Association, One World Trade Center, Suite 480, Long Beach, reported that $14 million was spent last year in Southern California retrieving grocery carts and if this ordinance were adopted, it would place the City in the cart retrieval business. She referred to the California Grocers Association's Grocery Cart Removal Action Plan that has been reviewed by over 30 cities. Ms. Beeman stated that the Association would like to see the exemption remain for those stores that have a cart retrieval service; and disagreed with the section which places a punitive damage assessment for repeat violations. Ms. Beeman responded to questions from Council. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, supported the proposal offered by W.A.I.G. Shawn Thompson, Loss Prevention Director of Lucky stores, 6565 Knott Avenue, Buena Park, reported that their stores spend $2 million a year for cart recovery and purchase of new carts, noting that Lucky stores lose 3,000 carts a year. He stated that the Lucky store at Harbor Boulevard and Victoria Street has a cart retrieval service which does 11 pickups every week, and $12,000.00 is spent on cart retrieval annually in this store alone. He was concerned about the proposed $250.00 penalty which would be placed upon a store that fails to pick up a cart. 1 Council Member Hornbuckle suggested the possibility of having store employees take the customers' groceries to their cars and returning the carts back to the store. Sid Soffer, 900 Arbor Street, Costa Mesa, recommended that the City Manager, a Council Member, and a representative from the grocery industry get together and find a solution to the problem; or offer a reward to anyone who can come up with a workable idea. David Ramirez, Security Supervisor of Stater Bros. Markets, 21700 Barton Road, Colton, stated that both Stater Bros. Markets in Costa Mesa utilize a cart retrieval service. He noted that Stater Bros. offers granny carts for purchase at company cost and Stater Bros. will replace them at no extra charge when they wear out. Dan Carpenter, Representing Vons Markets, 185 East 17th Street, Costa Mesa, statedthat Vons opposes the punitive assessment fee for . repeat offenders. 4e also supported the regulation in the San Juan Capistrano ordinance which exempts stores who have cart retrieval services. Ed Fawcett, Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Costa Mesa, encouraged Council to consider the suggestions from the California Grocers Association and incorporate them into the ordinance. He recommended that Council delete any punitive fines for those stores who have a cart retrieval service. Anne Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, suggested a City van service for senior citizens needing transportation to and from the grocery store. Jim Oliver, Oliver Cart Recovery Service, 310 North Palm Street, Unit B, Brea, reported that his company has provided services for most of the major retailers in Costa Mesa for the past 10 to 12 years; and that he retrieves between 500 to 750 carts per. week in the City of Costa Mesa. Mr. Oliver encouraged people to call his cart recovery service phone number 1-800-OLIVERL He also felt that fines should apply to stores who do not have a cart retrieval service. Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, believed that the grocery stores were doing a good job in recovering carts. Dave Salcido, 954 West 17th Street, Costa Mesa, suggested that the ordinance not emphasize shopping cart retrieval but provide a means of preventing the carts from being removed from store sites. He recommended installing bumps in store parking lots to prevent carts from being removed. Mr. Salcido felt that cart recovery services have not been effective. Paul Magana, 368 Santa Isabel Avenue, Costa Mesa, Manager of the Lucky store at 2180 Harbor Boulevard, reported that his store pays a lot of money for cart recovery services, and asked if the City could do a better job than the stores have. He opposed fining the stores for abandoned shopping carts. Matthew Ross, Director of Fedco Stores, 9300 Santa Fe Springs Road, Santa Fe Springs, stated that the Fedco store at Harbor Boulevard and Baker Street has 1,000 carts and have their own cart recovery program. Mr. Ross recommended a regulation requiring store identification placed on the carts. WE There being no other speakers, the Mayor closed the public hearing. The City Attorney and the City Manager responded to questions from Council Member Hornbuckle on enforcement of certain sections of the ordinance. MOTION A motion was made by Council Member Hornbuckle, seconded by Ordinance 94-16 Vice Mayor Humphrey, to give first reading to Ordinance 94-16 as Given First Reading written, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING ARTICLE 1 OF CHAPTER 1 OF TITLE 15 OF THE COSTA MESA MUNICIPAL CODE RELATING TO ABANDONMENT OF SHOPPING CARTS. Substitute Motion A substitute motion was made by Council Member Erickson, to Died for Lack of a delete the provision in Section 15-19.2(8) regarding the $250.00 Second penalty and replace it with wording to be determined by the City Attorney or the City Manager's office to more accurately reflect that which was done in San Juan Capistrano. The substitute motion died for lack of a second. The City Manager made a point of clarification regarding administration of the ordinance, suggesting that Council proceed with first reading, and when the ordinance comes back for second reading and adoption, staff will provide an administrative program for implementation. In addition, Council could decide at that time if the $250.00 fine shall remain or be deleted. Council Member Hornbuckle stated that she would like to obtain more information from staff pertaining to enforcement. Vice Mayor Humphrey asked how Mr. Oliver would be able to determine. if he was picking up a cart for the City or for a grocery store. In response to a question from Shawn Thompson of Lucky stores, ! the City Attorney explained that the $250.00 penalty is for each cart, i not each incident. The motion to give the ordinance first reading carried 3-1, Council Member Erickson voting no. At the request of Vice Mayor i Humphrey, second reading and adoption was scheduled for December 19, 1994. Mayor Genis suggested that a meeting be coordinated between Mr. Morello and the California Grocers Association. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Adult Businesses, set for the public hearing to consider an ordinance regarding Massage Establish- location, licensing, and regulation of adult, sexually oriented ments, and Massage businesses, and providing for licensing and regulation of massage Practitioners establishments and massage practitioners. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The City Attorney read the changes in his memorandum of November 18, 1994, which ' were requested by Mayor Genis. Mayor Genis noticed that trailer parks had not been included in the ordinance where residential zoning is addressed and asked if the j document could be amended to include the parks. The City Attorney responded that this issue could be addressed in Section 13- 860.4, Subsection (c), Subparagraph (1), and in any other section which relates to residential uses. The Deputy City Manager/Development Services suggested the following: "within five hundred feet of any area zoned for residential use or legally established residential uses". Charles Patterson, 2191 Harbor Boulevard, Space No. 26, Costa Mesa, asked if the ordinance addresses magazine racks, and reported that he has seen bus ads with graphic pictures of lingerie. The City Attorney replied that this particular ordinance does not deal with magazine racks, and suggested that Mr. Patterson contact Code Enforcement to report the bus ads. Mayor Genis explained that there is a City ordinance providing for placement of blinders on magazine racks. Will B. King, 2277. Harbor Boulevard, No. 1301, Costa Mesa, felt - the City is generating too many laws. Heather Somers, 313 Robin Hood Lane, Costa Mesa, stated that studies show that cities having sexually oriented businesses are linked to increased crime rates; and those businesses downgrade the quality of life of the citizens. Ms. Somers commented that she would be appalled if the City adopts this ordinance. The City Attorney responded that the National Law Center for Children and Families has reviewed the document and felt that it is the most restrictive ordinance in Orange County. He also reported that by law, the City cannot ban adult entertainment businesses. John Black, 4001 Birch Street, Suite D, Newport Beach, Chairman of the California Federation of Massage, and a Certified Licensed Massage Practitioner, supported the proposed ordinance and asked Council to consider adding the words "or similar certifying agency" as shown in the Agenda Report dated November 10, 1994, to Article 22, Section 9-323, Subsection(d), Subparagraphs (1)-(5). He also recommended another addition to that section: "or national certification tests as provided by national organizations or associations", or "as approved by the City". Mark Dixon, 21612 Bahama Lane, Huntington Beach, acknowledged Perry Valantine for all his efforts in creating this ordinance. He believed that Costa Mesa would have the most restrictive massage regulations in California if the ordinance were adopted, making it more difficult to obtain a massage permit. Sid Soffer, 900 Arbor Street, Costa Mesa, was pleased to see the ordinance had separated massage parlors from massage practitioners. Sherry Lynch, 17172 Bolsa Chica Road, Huntington Beach, President of the International Myomassethics Federation, and State Chapter President of the California Federation of Massage, supported the ordinance and agreed with John Black's suggested wording. She also spoke about the requirements which must be met in order to obtain a license through the International Myomassethics Federation. Sharron Norton, 303 Broadway, Suite 208, Laguna Beach, President of the Orange County Chapter, American Massage Therapy Association, (AMTA) supported the ordinance and thanked staff for all their research. She stated that AMTA believes the tax exemption x.1.15 0 Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, stated that it was wrong to take property from the owner. Mayor Genis clarified that the City is quitclaiming the property back to the owner. There being no other speakers, the Mayor closed the public hearing. MOTION ; A motion was made by Council Member Erickson, seconded by Resolution 94-110 1 Vice Mayor Humphrey, and carried 4-0, adopting Resolution 94 - Adopted Approving 110, A RESOLUTION OF THE CITY COUNCIL OF THE CITY Quitclaim Deed OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A ONE -FOOT SIDEWALK EASEMENT AT 2750 GANNET DRIVE; approving the Quitclaim Deed, and authorizing the Mayor and Deputy City Clerk to sign on behalf of the City. OLD BUSINESS Conflict of Interest Code MOTION Ordinance 94-18 Given First Reading The Deputy City Clerk presented City Attorney's Report No. 94-70, Review of the Conflict of Interest Code; and an ordinance amending Exhibit "A" of Costa Mesa Municipal Code Section 2-402 relating to conflict of interest. The City Attorney summarized his report dated November 10, 1994. A motion was made by Vice Mayor Humphrey, seconded by Council Member Erickson, and carried 4-0, to give first reading to Ordinance 94-18, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING 1 j and the required 500 hours of education in Section 9-323, Subsection(d), Subparagraphs(1)(2) are very important. There being no other speakers, the Mayor closed the public hearing. i MOTION A motion was made by Council Member Hornbuckle, seconded by Ordinance 94-17 Council Member Erickson, and carried 4-0, to give first reading to Given First Reading Ordinance 94-17, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 2 OF CHAPTER XIII OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING ADULT, SEXUALLY ORIENTED BUSINESSES, AND LIMITING THEM TO SPECIFIED ZONING DISTRICTS; AMENDING CHAPTER IV OF TITLE 9, PROVIDING FOR LICENSING AND REGULATION OF ADULT, SEXUALLY ORIENTED BUSINESSES; AND ADDING ARTICLE 22 TO CHAPTER II OF TITLE 9, PROVIDING FOR LICENSING AND REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE j PRACTITIONERS, including the changes recommended in- the City Attorney's memorandum dated November 18, 1994; amending j Section 9-338(c)(1)b, by adding at the end of the paragraph "... (NCCA), or similar certifying agencies meeting the criteria in Section 9-323(d), subsections (1) through (5)"; and amending Section 13-860.4, Subsection (c), Subparagraph (1), and any other section relating to residential uses, by adding "or legally established residential uses", in order to include mobile home parks. i PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Vacation of Sidewalk set for the public hearing to consider a resolution ordering the Easement at 2750 vacation of a one -foot sidewalk easement at 2750 Gannet Drive; and Gannet Drive a Quitclaim Deed. The Affidavits of Publishing and Posting are on i file in the . City Clerk's office. No communications were received. The Public Services Director summarized the Agenda Report dated November 14, 1994. Will B. King, 2277 Harbor Boulevard, No. 1301, Costa Mesa, stated that it was wrong to take property from the owner. Mayor Genis clarified that the City is quitclaiming the property back to the owner. There being no other speakers, the Mayor closed the public hearing. MOTION ; A motion was made by Council Member Erickson, seconded by Resolution 94-110 1 Vice Mayor Humphrey, and carried 4-0, adopting Resolution 94 - Adopted Approving 110, A RESOLUTION OF THE CITY COUNCIL OF THE CITY Quitclaim Deed OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF A ONE -FOOT SIDEWALK EASEMENT AT 2750 GANNET DRIVE; approving the Quitclaim Deed, and authorizing the Mayor and Deputy City Clerk to sign on behalf of the City. OLD BUSINESS Conflict of Interest Code MOTION Ordinance 94-18 Given First Reading The Deputy City Clerk presented City Attorney's Report No. 94-70, Review of the Conflict of Interest Code; and an ordinance amending Exhibit "A" of Costa Mesa Municipal Code Section 2-402 relating to conflict of interest. The City Attorney summarized his report dated November 10, 1994. A motion was made by Vice Mayor Humphrey, seconded by Council Member Erickson, and carried 4-0, to give first reading to Ordinance 94-18, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING 1 151 EXHIBIT "A" TO COSTA MESA MUNICIPAL CODE SECTION 2-402 RELATING TO CONFLICT OF INTEREST CODE. CITY A'TTORNEY'S The City Attorney requested a closed session pursuant to REPORTS/Request Government Code Section 54956.9(a) and 54956.9(b)(1) to discuss for Closed Session: the following items: Claim from Taeko Tina Chesley; and Jeanette Chesley Claim; and Fisher v. City of Costa Mesa, Orange County Superior Court Case Fisher v. City No. 718581. Mayor Genis announced that closed session would be ADJOURNMENT TO At 12:00 midnight, the Mayor adjourned the meeting to a closed CLOSED SESSION session in the first floor Conference Room to discuss the items announced by the City Attorney. MEETING The Mayor reconvened the meeting at 12:10 a.m. , and the action RECONVENED taken during closed session was announced. Status Report Regarding the claim from Taeko Tina Chesley, a status report was on Chesley presented by the City Attorney. No action was taken. MOTION/Authorized Regarding Jeanette Fisher v. City of Costa Mesa, Orange County Binding Arbitration Superior Court Case No. 718581, by a vote of 4-0, Council in Fisher Lawsuit authorized the City Attorney to proceed with binding arbitration in lieu of a jury trial. held after completion of regular business. CITY MANAGER'S The Personnel Services Director presented a resolution revising the REPORT/Pay Ranges pay ranges for executive job classifications to reflect the established for Executive Job labor marketplace, and summarized the Agenda Report dated Classifications November 14, 1994. Will B. King, 2277 Harbor Boulevard, No.. 1301, Costa,, Mesa, utio opposed the resoln because it increases the pay of executives. MOTION On motion by Council Member Erickson,- seconded b_y Slice Mayr Resolution 94-111 Humphrey, and carried 4-0, Resolution 94-111---'- REYQLUUJON Adopted OF THE CITY COUNCIL OF THE :CITY OF -COSTA W— SA, CALIFORNIA, REVISING THE --_PAY RANGES. ---FOR EXECUTIVE JOB CLASSIFICATIONS•., TO ;REFLECT .'THE ESTABLISHED LABOR MARKETPLACE,`was.adogted.` Mayor Genis stated that the employees affected by the resolution have not received any increases in compensation for several years; and that the resolution does not automatically result in an increase for everyone listed, since they still must meet certain criteria. COUNCIL COMMENTS/Best The City Manager and Council Members extended their best wishes Wishes to Vice to Vice Mayor Humphrey who will be leaving his position on the Mayor Humphrey Council effective December 5, 1994. Garage Sale Council Member Hornbuckle requested that after the new year, staff Ordinance review the City of Santa Ana's current garage sale ordinance. Mayor's Mayor Genis commended Police Officer Darell Freeman for his Announcements receiving the 1994 Distinguished Community Police Award. She announced that the Orange County Transportation Authority (OCTA) will hold meetings on Wednesday, December 7, 1994, at 6:00 p.m., at OCTA, on 550 South Main Street, Room 103, Orange; and on Thursday, December 8, 1994, at 6:00 p.m., at the City of Irvine Council Chambers, 1 Civic Center Drive, regarding a new plan for landscaping along Newport Boulevard. Mayor Genis announced that this week is "National Family Week"; and that December 1, 1994, is being observed as "World AIDS Day" and "A Day Without Art". ADJOURNMENT TO At 12:00 midnight, the Mayor adjourned the meeting to a closed CLOSED SESSION session in the first floor Conference Room to discuss the items announced by the City Attorney. MEETING The Mayor reconvened the meeting at 12:10 a.m. , and the action RECONVENED taken during closed session was announced. Status Report Regarding the claim from Taeko Tina Chesley, a status report was on Chesley presented by the City Attorney. No action was taken. MOTION/Authorized Regarding Jeanette Fisher v. City of Costa Mesa, Orange County Binding Arbitration Superior Court Case No. 718581, by a vote of 4-0, Council in Fisher Lawsuit authorized the City Attorney to proceed with binding arbitration in lieu of a jury trial. 41 -j ADJOURNMENT ;The Mayor declared the meeting adjourned at 12:15 a.m. I a ' Mayor of the City of Costa Mesa ATTEST: Deputy Ci Clerk of the City of Costa Mesa rz