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HomeMy WebLinkAbout04/03/1995 - City Councill'242. REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 3, 1995 The City Council of the City of Costa Mesa, California, met in regular session April 3, 1995, 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 Mayor Pro Tem Buffa, and invocation by the Reverend Steve Iseman, First United Methodist Church. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council Member Sandra Genis Council Member Gary Monahan Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Building Official Tony C'DeBaca Fire Marshall Tom Macduff Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council Member March 20, 1995 Genis, and carried 5-0, the minutes of the regular meeting of March 20, 1995, were approved. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Genis, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Amber Summers, 1174 Atlanta Way, Costa. Mesa, Estancia.- High Estancia High School School Associated Student Body Secretary, reported on the follow' 'P- upcoming senior activities: a field trip to Magic" A.16untain -is scheduled for May 31; and June 21, Senior Reflections willbe held. at the school, and the senior brunch will occur at_ e_!Newnoit Harbor Yacht Club. Ms. Summers recounted that the Junior/Seh:1 Prom is scheduled for May 13 at the Sequoia .Athletic ,_Club;" they annual Hawaiian Dance, which is a fundraiser for the, foetbaâ–ºl-fe-am, will take place on June 9; Teacher Appreciation.. Teek"Is in May; the Drama Department will feature the musical "Kiss Me Kate" at Newport Harbor High School' on April 27 through 29; and the Costa Mesa Police Department will present a Driving Under the Influence (DUI) enactment on May 12. Ms. Summers acknowledged the success of two previous events, Bossy Bingo and the Sadie Hawkins Day dance and barbecue. ORAL COMMUNI- Janet Remington, 1164 Boise Way, Costa Mesa, read a prepared CATIONS statement criticizing the toll road agencies, which oversee design, Toll Roads construction, and funding of three south county toll roads, for 1 243 consistently dodging public questions. She submitted a letter which outlined specific questions, such as how much tax money has and will be used, and what potential traffic problems will be created. She asked for a response from Council. County Unincorpo- Heather Somers, 313 Robin Hood Lane, Costa Mesa, President of rated Areas the East Side Homeowners Association, explained that recently the County has not been able to adequately service the unincorporated areas located on the east side of Costa Mesa. She suggested placing the annexation of these various properties on a future Council agenda. The Deputy City Manager/Development Services stated that annexation will be addressed during the next fiscal year. Mayor Erickson asked that Mrs. Somers be apprised of when Council will hear this item. Council Member Genis stated that the concept of cities exercising more authority over areas within their sphere of influence has been in the forefront in conversations about Mesa Consolidated government restructuring. Mrs. Somers suggested that a watchful Water District eye be kept on the Mesa Consolidated Water District Board, of Directors because of the deceitfulness of one of its members. She Santa Ana Avenue thanked Council for the bicycle lanes on Santa Ana Avenue. The Bike Lanes Public Services Director announced that on Thursday, April 6, 1995, the striping and signage on Santa Ana Avenue would be effected, and enforcement of no -parking will begin April 17. Mayor Erickson asked that Kaiser Elementary School be advised of this schedule. Police Department Wayne Morse, 1139 El Camino Drive, Costa Mesa, complained Problem about a recent incident involving the Costa Mesa Police Department wherein they failed to promptly respond to a call regarding a stolen vehicle belonging to his family. Mayor Erickson stated that he had conversed with Mr. Morse, followed up with the Police Department, and suggested to the City Manager that he investigate the matter with the Police Chief and Communications Department. Mr. Morse commented that procedures are definitely not adequate, and agreed to provide a list of problems to the City Manager. John Feeney, 1154 Dorset Lane, Costa Mesa, addressed this issue, stating that the thieves in this City have no fear of the police. Dorothy Adams, 220 Amherst Road, Costa Mesa, agreed that crime is increasing in the City, and relayed an incident wherein she witnessed a "drug deal" and the problems involved in reporting same. Soffer Comments Sid Soffer, 900 Arbor Street, Costa Mesa, acknowledged that there is a crime problem, but thought that the Police Department does a good job overall. He stated that he is definitely against the tax increase proposed by the County of Orange to assist with the losses incurred through bad financial investment. Handicap Access Amy Jesse, representing Vantage Foundation, 661 Hamilton Street, Costa Mesa, reported several locations where handicap access problems exist: the traffic signal at 19th Street and Anaheim Avenue requires a longer green light for crossing the street, as do the intersections of Meyer Place and 19th Street, and Newport Boulevard and 19th Street; the sidewalks at the K -Mart Shopping Center, Harbor Boulevard and Wilson Street, need to be widened; the sidewalk near the bus stop at the same shopping center should be wider; more street lights are needed; and the signal buttons on traffic signals are too high for persons in wheelchairs to reach. Mayor Erickson asked the Public Services Director to investigate these situations and to respond within 10 working days from this date to the Vantage Foundation regarding the City's analysis of the situation, with copies to Council. Council Member Buffa suggested that in his report, the Public Services Director include the name of 244 Greg Winterbottom, an alternate member of the Orange County Transit Authority, who spearheaded the survey on handicap access to County buses. Vantage Foundation Greg Brown, 2501 Christopher Lane, Costa Mesa, provided a prepared statement to Mayor Erickson which stated that he works at the Vantage Foundation, a program to learn job and community skills, which is comprised of 27 persons in wheelchairs. He indicated that they go into the community every day, and problems such as no sidewalks and the lack of curb cuts on some street corners make travelling difficult. Mayor Erickson announced that the Vantage Foundation is open Monday through Friday, between 9:00 a.m. and 10:00 a.m., and 1:30 p.m. and 2:00 p.m. Laurie (no last name given), from the Vantage Foundation, stated she is the person who wrote about the traffic signals and the side- walks being too narrow. She reported that the In -N -Out Burger at 19th Street and Anaheim Avenue needs improved wheelchair access. ADA Compliance Nancy Palme, 1997 Kornat Drive, Costa Mesa, Chairman of the City of Costa Mesa Access Appeals Board, reported that some items mentioned previously have been discussed by the Board, but to date have not been resolved, particularly the problem at K -Mart and signal light timing. She stated that the City has made improvements on handicap access, American With Disabilities (ADA) compliance has been scheduled over several years, and the first items to be addressed and corrected will be those that are brought to the attention of the City. Mrs. Palme relayed several incidents wherein Golf Tournament business promoters from the City of Newport Beach were actively soliciting tourism trade at the Toshiba Senior Classic Golf Mesa Consolidated Tournament held in Costa Mesa. She suggested that Council consid- Water District er absorbing the Mesa Consolidated Water District into the City. Noise and Unpaved Clifford Zeppieri, 1962-B Maple Avenue, Costa Mesa, who resides Alley Complaints near 19th Street and Harbor Boulevard, voiced annoyance at the produce -type trucks in his neighborhood which loudly honk their horns. The City Manager replied that Code Enforcement will inquire into this potential violation of the noise ordinance. Council Member Genis noted that the noise ordinance may have to be reviewed since the outside speakers at automobile agencies are sometimes very loud. Mr. Zeppieri also reported that the alley next to his house is only half paved. He asked that the alley be fixed since it causes serious problems, especially when it floods. Mayor Erickson asked the City Manager to have this complaint investigated. Harbor Boulevard Will King, homeless, contended that there are many drug dealers in Drug Dealers the hotels on Harbor Boulevard. Council Member Hornbuckle requested that since Mr. King has raised serious charges regarding drug dealers, the Police Department should talk to Mr. King to obtain names, addresses, telephone numbers, and times when these activities have been observed. CONSENT On motion by Mayor Pro Tem Buffa, seconded by Council Member CALENDAR Hornbuckle, and carried 5-0, 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: Ron Salter; Judy Salter; and Allen Ward. 11 1 Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning staff. Fernando Navarre tta, doing business at 1576 Newport Boulevard. WARRANTS Approved Warrant 1594; Payroll 9505 ADMINISTRATIVE ACTIONS Harbor/South Coast/ I-405 Improvements Adopted Resolution 95-25 Approving Supplement No. 019 to Master Agreement Warrant Resolution 1594, funding City operating expenses in the amount of $924,789.13; and Payroll 9505 for $1,266,218.75, were approved. The following action was taken regarding the Harbor Boulevard/ South Coast Drive/I-405 Improvement Project: Resolution 95-25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF STATE PROGRAM SUPPLEMENT NO. 019 TO THE MASTER AGREEMENT BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF COSTA MESA, was adopted. Approved Supplement Program Supplement No. 019 to Local Agency -State Agreement No. 019 to Local for Federal -Aid Projects, No. 12-5312, Project No. STPLN- Agency-State 5312(013), was approved, and the Public Services Director was Agreement authorized to sign on behalf of the City. Approved Right -of- Right-of-way Agreement No. 12-001 [STPLN-5312(013)] with the Way Agreement No. State of California for Harbor Boulevard/South Coast Drive 12-001 Improvements, was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Nuisance. Abatement set to consider confirming the costs of nuisance abatement for 2167-21671/2 ($4,255.25) and ordering that said costs be made a personal Miner, Nouri obligation of the property owner, Navid Ahmed Nouri, Post Office Box 1273, Costa Mesa, or assessed against the property at 2167- 21671/2Miner Street. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager/Development Services summarized the Agenda Report dated March 30, 1995. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the property was posted as unfit or unlawful to occupy. The City Attorney explained that a "Notice of Intent" to barricade was mailed and posted on the property on April 18, 1994. The Building Official confirmed that each notice had been posted on the property. Mr. Soffer retorted that these answers were nonresponsive to his question. Questions arose as to how the property owner was notified of this public hearing, and were answered by the Deputy City Clerk who reported that notification was mailed on March 21, 1995, by first-class mail. Mr. Soffer reiterated his original question, , and the Deputy City Manager responded in the affirmative. Council Member Genis noted that the Agenda Report had indicated that the initial complaint was received from the Orange County Health Department. The Fire Marshall related his experience with abandoned houses, stating that once the windows and doors are gone, the homeless move in, make campfires, and inevitably set the house on fire. He reported that this problem is addressed by a section in the Uniform Fire Code which states that if a person abandons a house, he must immediately remove all combustibles, board up all doors and windows, and make the area impenetrable. There being no other speakers, the Mayor closed the public hearing. MOTION/Ordered A motion was made by Council Member Hornbuckle, seconded by Costs Assessed Mayor Pro Tem Buffa, and carried 5-0, confirming the costs that Against Property have been assessed for the nuisance abatement; ordering the assessment to be made against the property at 2167-21671/2Miner Street; rejecting, after consideration, the property owner's written objection, which does not contain findings or arguments; and based upon the record considered, find that the property is a public nuisance. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Weed Abatement set for the public hearing to consider a resolution instructing and authorizing the Fire Chief or his designee to proceed with removal of weeds and rubbish. Notices were sent by the Fire Prevention Division to all affected property owners as required by law. No communications were received. The Fire Marshall reviewed the Agenda Report dated March 24, 1995, stating that this is an annual problem which involves approximately 35 lots, and that all City costs are placed as liens on the properties. Dorothy Adams, 220 Amherst Road, Costa Mesa, recalled an incident wherein weeds in her neighborhood were a potential fire hazard, and urged adoption of the resolution. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, representing the Homeowners Association Coalition, thanked the City for their proactive weed abatement program. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Genis, seconded by Mayor Pro Tem Resolution 95-26 Buffa, and carried 5-0, Resolution 95-26, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE TO PROCEED WITH THE REMOVAL OF WEEDS AND RUBBISH, was adopted. NEW BUSINESS The Deputy City Clerk presented Annual Review No. 3 of the 1990 1990 General Plan General Plan. The Deputy City Manager summarized the Agenda Annual Review Report dated March 20, 1995. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Received and Filed Genis, and carried 5-0, Annual Review No. 3 was received and filed. NEW BUSINESS The Deputy City Clerk presented a security lighting ordinance, Security Lighting which would require adequate lighting levels in parking lots on Ordinance commercial and industrial sites, as well as in residential developments. The Deputy City Manager/Development Services reviewed the Agenda Report dated March 23, 1995. Sid Soffer, 900 Arbor Street, Costa Mesa, asked what the penalty would be for insufficient lighting. Dorothy Adams, 220 Amherst Road, Costa Mesa, described motion - activated floodlights that she had installed on both sides of her rental property. Motion to Prepare A motion was made by Mayor Pro Tem Buffa, seconded by Council Addendum Withdrawn Member Hornbuckle, directing staff to prepare an addendum to the 247 Uniform Building Code for Council review on May 1, 1995. After discussion, Mayor Pro Tem Buffa withdrew the motion. MOTION/Rejected A motion was made by Mayor Pro Tem Buffa, seconded by Council Any Further Action Member Genis, and carried 5-0, to take no further action. NEW BUSINESS The Deputy, City Clerk presented the Interstate 405 and State Route Interstate 405/ 73 Project including: State Route 73 Project Memorandum of Understanding (MOU) with the California Department of Transportation (CALTRANS), the Orange County Transportation Authority (OCTA), Transportation Corridor Agencies (TCA), National Transportation Authority (NTA), and the City of Newport Beach, for needed improvements to Interstate 405 and State Route 73 (Confluence) project; and Agreement with the OTransportation Corridor Agencies (TCA) providing for continued implementation of the Interstate 405 and State Route 73 confluence improvements. The Public Services Director summarized the Agenda Reports dated March 16 and 23, 1995. He responded to a question from Council Member Genis by stating that a specific preliminary traffic study to identify how surface streets would be impacted has not been done. He reported that if an agreement could not be reached on a plan of action, the City would demand an environmental document which would identify the amount of traffic that would descend upon the local streets. Janet Remington, 1164 Boise Way, Costa Mesa, believed that the City has been misinformed by its representative to the San Joaquin Hills Corridor Agency. She stated that the Agency may find relief for traffic congestion but it will be at the expense of north Costa Mesa and will be very costly. Heather Somers, 313 Robin Hood Lane, Costa Mesa, reported that published figures indicate that traffic in the north end of Costa Mesa could become backed up to Birch Street on the SR -73 freeway from the I-405 confluence. She suggested that development companies were dictating these changes, pointing out that Disney is constructing a $450 million resort at the end of Newport Coast Road. She illustrated several examples of probable impacts upon Costa Mesa. She asked that more information be garnered before the MOU is signed. Roy Pizarek, . 1923 Whittier Avenue, Costa Mesa, was distressed that he had not been notified that the MOU would be on the agenda. He suggested that persons may use surface streets as an alternative because of congestion on the freeways. Nancy Palme, 1997 Kornat Drive,Costa Mesa, representing Mesa Verde Homeowners Association, asked Council not to take action but to continue this item to the meeting of April 17, 1995. She expressed concern regarding the National Transportation Authority being involved. She objected to MOU Items 7, 8, 9, and 10, stating that the "improvements" would have a disastrous effect on the north end of the City. Ms. Palme asserted that the MOU does not protect the City's or the citizen's interests. She suggested that the City notify the community that this matter is being considered in order to obtain their input. ^4 Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, asked if Measure M funds could be used by the County's Board of Supervisors to offset the budget crisis. Council Member Genis explained that because these funds were approved by the voters, Measure M would have to be resubmitted to the voters in order to reallocate them. Mayor Pro Tem Buffa added that the monies being discussed were targeted for an urban rail system, specifically the first stages of planning, not for "studies" or "surveys" for a high speed rail system as often reported in the newspapers. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that the public would choose automobiles over an urban rail system, so the government must subsidize the venture. He maintained that the developer was not the "bad guy" in this situation. Council Member Buffa responded to points that had previously been addressed. He stated that the Environmental Impact Report (EIR) for the San Joaquin Hills Corridor is the most challenged, and most upheld, EIR in California history. He reported that the toll road will improve traffic on the I-405 freeway, and commended City staff for their efforts in this matter. The Mayor Pro Tem emphasized that this item had been discussed at two previous Council meetings, a study session, and had been covered by the press over approximately the last 10 years, so citizens should not be unaware. Nancy Palme, 1997 Kornat Drive, Costa Mesa, pointed out some differences between, a map she received at the study session and the one attached to the Agenda Report. Mayor Pro Tem Buffa responded to her questions regarding the Route 57 alignment, reporting that the City Council has consistently opposed extension of Route 57 south of the I-405. The Public Services Director responded to a question from Council Member Genis by reporting that the County will prepare an EIR, and the first in a series of public hearings will be conducted by California Department of Transportation (CALTRANS) in the Costa Mesa City Hall, first floor Conference Room 1A, on May 3, 1995, at 6:30 p.m., to discuss the investigation of major structures which may be constructed in connection with this project. He commented that he would provide information from the Steering Committee to Council and interested members of the public. Mayor Erickson asked that the Public Services Director advise the homeowner association presidents, interested parties, and the Chamber of Commerce, of upcoming meetings. Council Member Genis suggested including members of the Ad Hoc Transportation Study Group. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council MOU Approved Member Monahan, and carried 5-0, approving the MOU with CALTRANS, OCTA, TCA, NTA, and the City of Newport Beach, for needed improvements to the Interstate 405 and State Route 73 (Confluence) project; and authorizing the Public Services Director to sign on behalf of the City. Mayor Pro Tem Buffa clarified that this motion allows the environmental processing to begin. Council Member Hornbuckle supported the motion because she felt it was important to obtain commitments from these agencies, including the City of Newport Beach, and to reach agreement on these matters. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Agreement Approved Member Monahan, and carried 5-0, approving the agreement with TCA, providing for continued implementation of the Interstate 405 and State Route 73 confluence improvements; and authorizing the City Manager to sign on behalf of the City. RECESS The Mayor declared a recess at 8:55 p.m., and reconvened the meeting' at 9:05 p.m. CITY ATTORNEY'S The City Attorney presented his Report No. 95-34 regarding the REPORT proposed plan of adjustment in Orange County Investment Pool Orange County Bankruptcy, United States Bankruptcy Court Case No. SA -94-22272 Bankruptcy JR. He stated that after reviewing the documents submitted by the County, it has been determined that the "proposed plan of adjustment" is in actuality a comprehensive settlement agreement. He announced that a copy of the County's report is available for public viewing in the -"City Clerk's office, presented a brief overview of same, and reported that the Finance Department will provide a thorough report on the various options as they relate to the financial interests of the City. He stated that the deadline for selecting an option, as offered by the County in their report, is April 17, 1995, 5:00 p.m., noting for the record that this is the date of the next Council meeting. Mayor Erickson said that it had been suggested that this item be continued to April 12, 1995, immediately following the Redevelopment Agency meeting. Discussion ensued regarding specifics of the bankruptcy. Council Member Genis asked that information prepared for the Creditors Committee by Price Waterhouse be obtained before action is taken. She proposed that Council encourage other cities to forego action until they have received full and complete accounting of all information available. Mayor Pro Tem Buffa reported that the bankruptcy court was involved in determining the April 17 deadline, and did not believe that there is additional information available. Council Member Hornbuckle expressed concern that two items in the settlement, Attorney and Professional Fees and Withheld Proceeds for Amounts with Brokers, are items that will be charged to the cities, not the County. The City Manager stated that even though the 800 Megahertz Trust Fund for the Countywide police radio system was to be placed in a separate trust account, the County invested the funds and they are tied up in the bankruptcy. Sid Soffer, 900 Arbor Street, Costa Mesa, asked how much was invested in the pool. Mayor Erickson responded that between the City and the Redevelopment Agency the amount was approximately $3.1 dollars. The City Manager summarized the City's investment history in the pool. Mayor Pro Tem Buffa clarified for Mr. Soffer that the City had asked to retrieve its money from the pool approximately 20 days prior to of the bankruptcy but the request was ignored. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Continued to Hornbuckle, and carried 5-0, this item was continued to Wednesday, April 12, 1995 April 12, 1995, following the 6:30 p.m. Redevelopment Agency meeting, and staff was requested to obtain all available information from the Creditor's Committee, and encourage other cities to request this data. Mayor Pro Tem Buffa mentioned that Redevelopment Agency meetings are not televised, and anyone who wishes to participate must attend the meeting. 9150 CITY CITY ATTORNEY'S The City Attorney requested a closed session pursuant to Govern- REPORT/Request for ment Code Sections 54956.9(a) and 54956.9(c) to discuss the Closed Session: 725 following items: Consider whether to initiate litigation regarding a and 762 Shalimar; public nuisance at 725 Shalimar Drive; Consider whether to initiate 1003 Mission; Barker, litigation regarding a public nuisance at 762 Shalimar Drive; et al. v. City Consider whether to initiate litigation regarding a public nuisance at 1003 Mission Drive; and Cleopatra Barker, Gloria Jenkins, and Roszalin Evans v. City of Costa Mesa, et al., United States District Court Case No. SACV-95-130 GLT. Mayor Erickson announced that closed session would be held at the completion of regular business. CITY MANAGER'S The City Manager thanked the Homeowners Association Coalition REPORT for the opportunity to address them last week regarding the Speak Up Newport upcoming City budget, and thanked the Mayor for his participation. He announced that on Wednesday, April 5, 1995, he would make a presentation, along with the City Manager of the City of Newport Beach, Kevin Murphy, to the Speak Up Newport group regarding the County's bankruptcy and the settlement offer. COUNCIL Council Member Monahan responded to comments made about the COMMENTS Police Department during Oral Communications, stating that they Police Department are addressing problems within the City and should be commended Commendation for their progress, as should the Building and Planning Departments for closing down two problem hotels. He mentioned that he will be Newport Boulevard working on the Newport Boulevard Specific Plan, and being aware Specific Plan of these problems is a high priority. The City Manager reported that there has been a very good response to the request for applicants for this committee, it will be scheduled for the Council Study Session on Monday, April 10, 1995, and a decision on how to proceed will be made at that time. Homeless Letters Council Member Genis reported on a letter she received regarding the homeless and asked where the statistics were obtained. She thought that information being sent should be clarified in order to avoid misleading recipients of the letter. She also received a letter from the Los Angeles Homeless Services Authority about working with other agencies on Housing and Urban Development (HUD) programs, and suggested that the City take a- more active role concerning efforts put forth by the City of Santa Ana to develop a Budget Adjustments comprehensive Countywide approach to homelessness. She proposed that the City adopt either a Council Policy or an ordinance wherein a super majority would be required for any budget adjust- ments to ensure that the budget is adhered to as closely as possible. Comprehensive Care Council Member Hornbuckle addressed the previously mentioned comprehensive care, noting that through public service grants, agencies are trying to provide what the cities have directed, to Sign Ordinance furnish a continuum of care. In relation to the sign ordinance which will be discussed at the April 17 meeting, she requested information on how surrounding cities handle banners and special event signage, particularly Newport Beach, Huntington Beach, Irvine, and Fountain Senior Center Valley. She reported that the grade of the newly poured sidewalk Sidewalk at the Senior Center (the slope from the flag pole down to the curb) does not appear to be adequate to meet the American With Disabilities Act (ADA) standards, and asked that staff investigate. Homeless Statistics Mayor Pro Tem Buffa reported that he had participated in a forum sponsored by the Human Relations Committee, and the statistics on the homeless were a part of that discussion. He objected to the term homeless as being undefinable and meaningless. Council Member Hornbuckle stated that a Day of Letter Writing, which -is supported by several. organizations in the community, was held at the University of California at Irvine, and suggested that this may be the origin of the letters regarding the homeless. Kaiser Athletic Mayor Erickson reported that he and the City Manager enjoyed Facility attending the ,opening of the Kaiser Elementary School athletic facility. He commented that the facility was a worthwhile use of taxpayers funds and a good effort by volunteers. ADJOURNMENT TO At 9:50 p.m., the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 10:10 p.m., and the action RECONVENED taken during closed session was announced. MOTION/Authorized Regarding a public nuisance at 725 Shalimar Drive, by a vote of Litigation for 725 5-0, Council authorized the City Attorney to initiate litigation in Shalimar accordance with the .Deputy City Attorney's confidential memoran- dum dated March 21, 1995. MOTION/Authorized Regarding a public nuisance at 762 Shalimar Drive, by a vote of Litigation for 762 5-0, Council authorized the City Attorney to initiate litigation in Shalimar accordance with the Deputy City Attorney's confidential memoran- dum dated March 21, 1995. MOTION/Authorized Regarding a public nuisance at 1003 Mission Drive, by a vote of Litigation for 1003 5-0, Council authorized the City Attorney to initiate litigation in Mission accordance with the Deputy City Attorney's confidential memoran- dum dated March 27, 1995. Barker, et al. v. In Cleopatra Barker, Gloria Jenkins, and Roszalin Evans v. City of City Costa Mesa, et al., United States District Court Case No. SACV-95- 130 GLT, the following action was taken: MOTION By a vote of 5-0, Council waived possible conflict of interest Waived Conflict of during the preliminary stage of the case for Chief of Police David Interest L. Snowden, Sergeant Loren P. Wyrick, Police Officer R. Stock, Senior Police Officer Devin Lovelady, and Senior Police Officer Rene Meng. MOTION/Granted Request to Defend ADJOURNMENT By a vote of 5-0, Council granted the request to defend Snowden, Wyrick, Stock, Lovelady, and Meng. The Mayor declared the meeting adjourned at 10:15 p.m. Joe_ I Ma or of the City of Costa Mesa ATTEST: Deputy C t Clerk of the City of Costa Mesa