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HomeMy WebLinkAbout08/21/1995 - City Council70 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 21, 1995 The, City Council of the City of Costa Mesa, California, met in regular session August 21, 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 Council Member Genis, and invocation by the Reverend Diana Heath, Orange Coast Unitarian Universalist. ROLL CALL Council Members Present: Mayor Joe Erickson Council Member Mary Hornbuckle Council Member Sandra Genis Council Member Gary Monahan Council Members Absent: Mayor Pro Tem Peter Buffa Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Assistant Development Director/ Planning Manager Perry Valantine Police Captain David Brooks Redevelopment and Housing Manager Muriel Berman Senior Code Enforcement Officer Sandra Benson Assistant to the City Manager Ann Gyben rk2uty City Clerk Mary Elliott MINUTES On motion -by Council, h7emhei-'N=anahan, seconded by Council August 7, 1995 Member _Mayor Pro Tem Buffa absent, 1 - _ the minutes . of thF.- t� � = r-° m,`e n= of August 7, 1995, were approved av- cis4rib�►�r: =- = ORDINANCES AND A motion was. ni:�°je'by Ccd _ u `l►. ; amber Hornbuckle, seconded by RESOLUTIONS Council Member .^eriis;,;:1-c:+aied 4-0, to read- all ordinances and resolutions by title only:--'*: ANNOUNCEMENT Mayor Erickson announced that the following Agenda items were recommended for continuance: Public Hearing No. 1, 1995-96 User Fees and Charges; Old Business No. 7, Traffic Impact Fee assessment for the Metro Pointe Development; New Business No. 1, Annual review of the City's Source Reduction and Recycling Element (SRRE); and New Business No. 2, Resolution revising pay ranges for selected. positions in the Police Department. ORAL COMMUNI- Greg Brown, 2501 Christopher Lane, Costa Mesa, provided a CATIONS prepared statement to the City Manager which indicated that Wilson Park sidewalks for wheelchair accessibility are needed in Wilson Park; Sidewalks; Harbor _ and the walk signals at the intersections of Harbor Boulevard/Fair Boulevard Signal Drive and Harbor Boulevard/Hamilton Street (north side) should be Modifications modified to allow sufficient time for crossing. The Public Services Director responded that these problem areas would be investigated. `� 371 Lindbergh School Patty Baugh, 208 Albert Place, Costa Mesa, reported that the Site Newport -Mesa Unified - School District is preparing to lease the Lindbergh School site, 220 23rd Street, to the Orange County Department of Education, who will relocate from the Bear Street School, 3100 Bear Street. She complained that the additional traffic generated by 300 students being transported to and from Lindbergh School will endanger local children walking to Kaiser Elementary School, 2130 Santa Ana Avenue. Ms. Baugh discussed the Horizon Program, an alternative education program which will be conducted concurrently with the 300.students attending day care, and objected to the mixed use. The City Manager explained that the City has limited authority over a school site when it is used for educational purposes. Mesa Consolidated Janet Remington, 1164 Boise Way, Costa Mesa, supported the Water District City's assuming control of the Mesa Consolidated _Water District, commenting that -'she had heard disturbing complaints about the District, such as, the facility for the newest water supply was not built to the highest design specifications. She reported that she had attended a District meeting which had been a unique experience. Heather Somers, 427 East 17th Street, Costa Mesa, Coalition for Clean Water, Costa Mesa, reported that at the last Water District board meeting, .experts in the field of health, production, testing, and design, were present to allay the fears which had arisen because of letters from the State of California, Department of Health Services Inspector Franklin T. Hamamura regarding the District's 18 -million - gallon water reservoir -which is submerged under the Lindbergh School play area. She explained that the reservoir was intended to be used for storage in case of a cataclysmic earthquake; however, it is not capable of storing the 18. million gallons originally promised. Nancy Palme, 427 East 17th Street, Costa Mesa, read an article from the Orange County Register, noting its similarity to the current Water District problems. She gave Council copies of the District's 1994 budget which indicates a deficit of over $43 million. Dorothy Adams, 220 Amherst Road, Costa Mesa, stated that the previous election' held by the Water District had been in violation of the Government Code. She stated that Costa Mesa water rates compared unfavorably with those of the City of Tustin and the Valley of Enchantment in Crestline, and thought that the City should investigate the entire situation. Abandoned Ms. Adams addressed the shopping cart problem, stating that she did Shopping Carts not receive a response at the toll-free number, and. the problem seems to be escalating. The City Manager agreed that the number of stray shopping carts has increased, and informed Ms. Adams that a private firm has been selected by the City for cart retrieval. He confirmed that the contract will be" awarded at the September 5, 1995, .meeting. , Council Member:Genis complimented Thrifty Drug Store on their positive approach to the problem. Adams Avenue Road Charles Robertson, 1885 Tahiti Drive, Costa Mesa, President of the Repair Mesa Verde Homeowners Association, complimented the City for completion of sidewalk repairs on Gisler Avenue, and asked about the poor road conditions on Adams Avenue between Harbor Boulevard and Royal Palm Drive. The Public Services Director replied that the extensive widening of the Harbor Boulevard/Adams Avenue intersection will upgrade this area and complete the rejuvenation of Adams Avenue. . X72 Orange County Chris Steel, 1561 Orange Avenue, Costa Mesa, spoke about the Bankruptcy Council's position regarding the Orange County bankruptcy. Council Member Genis suggested that Mr. Steel review the Illegal Immigrants audiotape of the Study Session wherein this matter was discussed. Mr. Steel addressed the problem of illegal immigrants. East Side Recreational Mike Healey, 2144 Iris Place, Costa Mesa, encouraged Council to Facilities coordinate with the, Mesa Consolidated Water District and the Newport -Mesa Unified School District under the Joint Powers Agreement to utilize .the recreational facilities that are available for east side residents. The City Manager reported that progress had been made for restoration and some expansion at Lindbergh Park on 23rd Street, including new tot lot equipment, and discussions are proceeding regarding use of the field area. CONSENT The following items were removed from the Consent Calendar: Item CALENDAR 7, Amendment to the agreement with Kabbara Engineering for design of improvements to James Street and Shalimar Drive private alleys; Item 9, Construction of a block wall between Mesa Verde Villas and California School; and Item 11, Completion of Newport Boulevard Interconnect, Project No. 94-16. MOTION/Approved On motion by Council Member Hornbuckle, seconded by Council Except Items 7, Member Genis, and carried 4-0, the remaining Consent Calendar 9, and 11 items were approved' as recommended. READING FOLDER ' The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Edward Adams; Ted E. Andrini; and Katherine A. Botsford for Katherine E. Botsford, a minor. Rental Assistance Resolution from the City of Carson opposing the misleading Initiative "rental assistance" initiative which will appear on the March, 1996, ballot. WARRANTS Warrant Resolution 1604, funding City operating expenses in the Approved Warrant amount of $937,633.73; and Payroll 9515 for $1,329,951.94, were 1604; Payroll 9515 approved. REJECTED CLAIMS The following claims were rejected: Jackson Cecil Jackson (alleges stolen/recovered motorcycle sold due to improper notification). Johnson Gregory and Brian Johnson (unsafe roadway condition contributed to vehicle accident). Kersch Ada Kersch (alleges poor ditch design contributed to flooding of home). Pacific Bell Pacific Bell CS560136 (underground cable damaged by City's contractor) . Robertson Richard and Sterling Robertson (sewer backup due to tree roots). Victor Richard Victor (trip and fall over sidewalk defect). Wright Kevin Wright (vehicle damaged by pothole in roadway). 0 1 373 ADMINISTRATIVE Bids received for Bid Item 980, Annual Athletic Facility Mainte- ACTIONS/Awarded nance Service Contract, are on file in the City Clerk's office. The Bid Item 980, Field contract was awarded to Toyo Landscaping Company, 12891 Nelson Maintenance, to Toy -0 Street, Garden Grove, in an amount not to exceed $60,000.00 per year. Awarded Fire Station Bids received for Repainting and Wall Covering Installation at Fire No. 2 Repainting, Station No. 2, 800 Baker Street, Project No. 95-10, are on file in Project No. 95-10, the City Clerk's office. The contract was awarded to Alpha to Alpha Painting Painting, 15302 Maryknoll Street, Westminster, for $12,500.00. Awarded Street Bids received for Street Maintenance and Slurry Seal Program, Maintenance/Slurry Project No. 95-1.1, are on file in the City Clerk's office. The Seal, Project No. contract was awarded to R. J. Noble Company, 15505 East Lincoln 95-11, to R. J. Noble Avenue, Orange, for $817,852.04. Approved Agreement An agreement with.,, the City of Santa Ana for traffic signal with Santa Ana for maintenance cost sharing was approved, and the Mayor and Deputy Signal Cost Sharing City Clerk were authorized to sign on behalf of the City. Approved Mutual Aid An agreement transferring the mutual aid agreement from the Agreement Transfer County of Orange to the Orange County Fire Authority was to Orange County approved, and the Mayor and Deputy City Clerk were authorized to Fire Authority sign on behalf of the City. Adopted Resolution Resolution 95-69, A RESOLUTION OF THE CITY COUNCIL OF 95-69, Setting the THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE Tax Rate Under the TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL .1974 Open Space PROPERTY WITHIN THE CITY OF COSTA MESA WHICH IS Bond Issue TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1995-96, was adopted. Agreement with Item 7 on the Consent Calendar was presented: Amendment to Kabbara Engineering Consultant Services Agreement with Kabbara Engineering, 130 to be Considered South Prospect Avenue, Tustin, in an amount not to exceed with Old Business $17,900.00, for design of improvements to James Street and No. 4 Shalimar Drive private alleys. Council Member Genis asked that this item be considered in conjunction with Old Business Item No. 4 which addresses improvements in the Shalimar Drive area. Construction of Block Item 9 on the Consent Calendar was presented: Construction of a Wall Between Mesa block wall between Mesa Verde Villas and California School: Verde Villas and California School Agreement with LANBP Engineering Corporation, 21104 Windchild Lane, Huntington Beach, for $4,580.00, to prepare plans and specifications for masonry block wall construction. Agreement with Mesa Verde Villas Homeowners Association, 1630 Iowa Street, No. 3, Costa Mesa, for construction administration of a masonryblock wall. Council Member Monahan, expressed concern about the City expending funds for the wall since it separates School District property (rather than City property) and a residential area; and the new wall would replace an existing, damaged wall. The City Manager indicated that a two-week continuance of this item would allow for a meeting between the Newport -Mesa Unified School District, the Mesa Verde Villas Homeowners Association, and Council for review of the agreement. Council Member Hornbuckle supported the project because the use has been intensified due to .374 City field construction, and felt that sharing 50 percent of the cost was fair. Council Member Genis asked for information on what the City would typically pay in this type of cost sharing situation, and how much of the current costs were due to existing inadequacies in the wall. Don Schoorman, 1630 Iowa Street, Costa Mesa, President of Mesa Verde Villas Homeowners Association, explained that a major refurbishment of the California and TeWinkle school grounds had resulted in an increase in the number of persons attending athletic events which has seriously impacted the Mesa Verde Villas property. He believed that construction of the six-foot high block retaining wall would discourage trespassing and provide a noise barrier. MOTION 'On motion by Council Member Monahan, seconded by Council Continued to Member Genis, and carried 4-0, this item was continued to the September 5, 1995 meeting of September 5, 1995. Mayor Erickson clarified that the Homeowners Association, School District, and the City would meet 'during this two-week period. The City Manager asked that Council Member Monahan and Genis also attend the meetings. Completion of Item 11 on the Consent Calendar was presented: Completion of Newport Boulevard Newport Boulevard Interconnect, Project No. 94-16, by AAA Interconnect, Project Electric Services, 6312 East Santa Ana Canyon Road, No. 345, No. 94-16 Anaheim. Nancy Palme, 1997 Kornat Drive, Costa Mesa, representing the Ad Hoc Transportation Study Group, asked for a definition of the Newport Boulevard Interconnect. The Public Services Director responded that the City was granted State funds for the installation of conduit connecting signal controllers on both sides of Newport Boulevard-. MOTION On motion by Council Member Hornbuckle, seconded by Council Accepted Work by Member Monahan, and carried 4-0, the work by AAA Electric AAA Electric Services was accepted; the Deputy City Clerk was authorized to file Services 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 1995-96 User Fees set for the public hearing to consider 1995-96 User Fees and and Charges Charges; and a resolution establishing and adopting schedules of rates, fees, and charges for services by the City of Costa Mesa. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. MOTION/Scheduled On motion by Council Member Hornbuckle, seconded by Council for September 11, Member Monahan, and carried 4-0, the user fees were scheduled for 1995, Study Session ' the September 11, 1995, Study Session. Council Member Genis 'requested a fee study which compares charges to costs, and information on City -subsidized activities. She opposed the City's providing private swimming lessons. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Special Events and set for the public hearing to consider an ordinance amending Costa Public Entertainment Mesa Municipal Code Sections 9-193 through 9-204 pertaining to special events and public entertainment. The Affidavit of Publi- cation is on file in the: City Clerk's office. No communications were received. The Assistant to the City Manager summarized the Agenda Report dated , August 14, 1995. 1 0 Kim Kasell, 3057 Yukon Avenue, Costa Mesa, thought that the recommended 60 -day application period, as opposed to 30 days, was extreme, and suggested 45 days as a compromise. Council Member Hornbuckle addressed ordinance Section 9-194 on Page 4 (circled Page 10), (1)(c), regarding public dancing, and stated that this regulation would affect affairs conducted at the Senior Center and the Neighborhood Community Center, and proposed the issuance of a yearly permit. Council Member Monahan felt that even though the permit process is the same, bars and restaurants. should be separated from special events. Council Member Hornbuckle suggested continuing this item in order to separate special events from public entertainment issues, and to address any other concerns. MOTION On motion by Council. Member Monahan, seconded by Council Continued to Member Hornbuckle, and carried 4-0, the public hearing was September 5, 1995. continued to the meeting of September 5, 1995. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 7, Ordinance 95-10, 1995, second reading and adoption of Ordinance 95-10, AN Sign Regulations ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING CHAPTER VI, SIGNS, FROM TITLE 5 OF THE COSTA MESA MUNICIPAL CODE, AND ADOPTING AMENDED SIGN REGULATIONS AS CHAPTER XIV. OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE. The Planning Manager reviewed the Agenda Report dated August 14, 1995. A question and answer period ensued. Kim Kasell, Diamond Sign Company, 185 Paularino Avenue, Costa Mesa, opposed charging a permit fee for banners.. She supported Alternative 2 for permanent signs, and Alternative C for temporary signs, as outlined in the Agenda Report. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, President of the Mesa Verde Homeowners Association;,, believed that the proposed ordinance would make enforcement virtually impossible. He stated that the ordinance should be reworked to incorporate recommen- dations from the Planning Commission and the Sign Ordinance Review Committee. John Feeney, 1154 Dorset Lane, Costa Mesa, stated that the allowable square footage for permanent signage per the current ordinance is more restrictive than in the cities of Irvine, Santa Ana, Fountain Valley, Huntington Beach, and Newport Beach. He supported Alternative 1 for permanent signs, and thought that a selection could -be made from the choices on Page 8 of the Agenda Report which would be workable for Jtemporary signs. He agreed with Mr. Robertson that enforcement will be a problem. Jerry Jackson, Sign Users Council of California, 29170 Heathercliff Road, Suite 6, Malibu, representing users of the on -premise business sign, including hotels/motels, restaurants, auto dealerships, and small businesses throughout the City, supported Alternative 1 because it adheres to safety requirements for the motoring public by allowing for enhanced visibility, improves business which provides jobs for citizens, and increases tax revenues. Ernie Feeney, 1154 Dorset Lane, Costa Mesa, felt that citizens' complaints referred.to temporary signs, rather than permanent signs. e a ` X37 6. Ed Fawcett, Costa Mesa Chamber of Commerce; 1835 Newport Boulevard, Suite E-270, Costa Mesa, member of the Sign Ordinance Review Committee, encouraged Council to consider the following compromise to satisfy both businesses and residents, as well as being an enforceable option: Alternative 2 for permanent signs; Alternative C for temporary signs; maximum free standing sign area, with perhaps 50 percent of the total permanent sign area allowed. He suggested retaining the Sign Ordinance Review Committee in order to monitor complaints and recommend future changes. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, endorsed Mr. Fawcett's proposal as a reasonable alternative. MOTION/Separated A motion was made by Council Member Monahan, seconded by Permanent and Council Member Hornbuckle,, and carried 3-1, Council Member Temporary Sign Genis voting no, to separate the permanent and temporary sign Formulas formulas. Council Member Genis opposed the motion, stating that Alternative 2 for permanent signs and Alternative B for temporary signs equates to the same total signage approved at the July 17, 1995, Council meeting. She explained that banners would be encouraged if the signage regulations were separated, and they are the cause of most citizen complaints. The Planning Manager responded that banner complaints relate to the fact that they are up too long, are hanging between sagging polls, or are torn, dirty, or faded. Council Member Genis asserted that enforcement has always been a problem. Motion to Select A motion was made by Council Member Monahan to retain Alterna- Alternates Died for tive 1 (1.5 lot width + .5 lot depth) for permanent signs, and Lack of a Second Alternative C (.5 square feet per linear foot of store front) for temporary signs, with a 100 square -foot maximum. The motion died for lack of a second. Motion to Select A motion was made by Council Member Hornbuckle, seconded by Alternates Failed Mayor Erickson, to select Alternative 2 (lot width + .5 lot depth) to Carry for permanent signs, and Alternative C for temporary signs, with a 100 square -foot maximum per store front. The motion failed to carry 2-2, Council Members Genis and Monahan voting no. Motion to Select A motion was made by Council Member Monahan to select Alterna- Alternates Died for tive 2 for permanent signs, and Alternative C for temporary signs, Lack of a Second amended to one square -foot per linear -foot of store front, not to exceed 100 square feet. The motion died for lack of a second. MOTION/Alternative A motion was made by Council Member Monahan, seconded by Selection Continued Council Member Hornbuckle, and carried 4-0, to continue to September 5, 1995 alternatives for temporary and permanent signage to September 5, , 1995. Council Member Hornbuckle asked that staff provide examples for Alternative C, including Council Member Monahan's revised version. MOTION On motion by Council Member Monahan, seconded by Council Amendments Member Genis, and carried 4-0, the amendments to Alteration/ Approved Replacement of Nonconforming Signs as outlined in the Agenda Report, were approved. Council Member Genis asked staff to provide information on the oversized banner on the 55 Freeway which advertises South Point Apartments, specifically if it will conform to the new, proposed regulations. ' I t 77 are to be privately maintained, or maintained through an assessment district, asphalt could be used as long as a modest amount of funds are contributed for regular upkeep. Barbara Gullo, 17220 Newhope Street, No. 224, Fountain Valley, asked if there is an established plan to maintain the alleys. The City Manager confirmed that a comprehensive funding and maintenance program for alleys does not exist, explaining that the gas tax funds and Measure M funds cannot be used for alleys. Heather Somers, 427 East 17th Street, Costa Mesa, President of the East Side Homeowners Association, commented that the east side of Costa Mesa also has problem alleys, and suggested establishing a format to create a consistency for alley treatments and coverings. The Police Captain presented an overview of the Shalimar Drive and James Street area since the streets have been blocked and the parking restrictions were instituted. Mayor Erickson asked the City Manager and the City Attorney to investigate possible options available to enforce the use of garages for vehicle parking. MOTION On motion by Council Member Genis, seconded by Council Member Approved Formation Hornbuckle, and carried 4-0, staff was directed to take the necessary of Alley Assessment steps to initiate formation of an assessment district for alley District , . construction and maintenance. MOTION A motion was -made by Council Member Hornbuckle, seconded by Approved 3R Com Council Member Genis, and carried 4-0, to expand the 3R mittee Expansion Committee, currently reviewing the Shalimar Drive options, to include landlords and tenants who are interested in solutions. MOTION A motion was made by Council Member Monahan, seconded by Approved Alley Council Member Hornbuckle, and carried 4-0, to proceed with the Components ' following components: street trees, alley lights, and alley plans. Council Member Monahan did not support the housing rehabilitation loan option. MOTION On motion by Council Member Hornbuckle, seconded by Council Approved Agreement Member Monahan, and carried 4-0, the agreement with Kabbara with Kabbara Engineering was approved, stipulating that alley plan costs shall be incorporated into the assessment district when it is formed; and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. OLD BUSINESS The Deputy City Clerk presented City Attorney's Report No. 95 - Parks and Recreation 46C regarding the following ordinances: Ordinances An ordinance amending Chapters I and III of Title 12 of the Costa Mesa Municipal Code pertaining to Parks and Recreation and the Parks, Recreation Facilities and Parkways Commission. An ordinance amending Chapter II of Title 12 of the Costa Mesa Municipal Code pertaining to parks and use regulations. The City Attorney summarized the Agenda Report Dated August 14, 1995, and his report dated August 9, 1995. MOTION/Directed A motion was made by Council Member Monahan, seconded by City Attorney to Council Member Hornbuckle, and carried 4-0, directing City Prepare a Camping Attorney to prepare a separate ordinance for the camping provisions Ordinance to be presented for first reading at the September 5, 1995, meeting. ,A S78 MOTION -A motion was made by Council Member Genis, seconded by Ordinances Referred Council Member Monahan, and carried 4-0, referring the remaining to Study Session sections of this ordinance (Chapter II), and the ordinance amending Chapters I and III, to the next available study session for. review. OLD BUSINESS The Deputy City Clerk presented an enforcement plan for garage Garage Sales sales. The Deputy City Manager/Development Services reviewed the Agenda Report dated August 10, 1995. He explained to Council Member Genis that Code Enforcement has a 95 to 98 percent compliance rate without a citation being issued, and addressed the issue of additional officers. Council Member Hornbuckle had reservations regarding the volunteer program; however, she thought that volunteers could be useful in some areas. William Smith, 113 Georgetown Lane, Costa Mesa, commented on the garage sale signs. Heather Somers, 427 East 17th Street, Costa Mesa, reiterated her previous recommendation to hold four garage sales per year on set dates, for either the entire City or quadrants of the City. She believed that this plan would allow Code Enforcement personnel to pursue more relevant activities. Phil Morello, 1715 Samar Drive; Costa Mesa, supported the concept of two garage sales per year, limited to specific dates or specific quadrants of the City. He agreed that additional code enforcement is necessary, and asked if they would be utilized to enforce infringements such as trash without receptacles. The Senior Code Enforcement Office responded that the officers look at the entire site in order to address all infractions at the same time. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, disagreed with the concept of limiting garage sales to specific dates. He felt, that the matter was becoming overly complicated, and suggested issuing permits for garage sales with an attendant fine if one is not obtained. OLD BUSINESS The Deputy City Clerk presented the Traffic Impact Fee assessment Metro Pointe Traffic for the Metro Pointe Development. Fee On motion by Council Member Hornbuckle, seconded by Council MOTION/Continued Member Genis, and 'carried 4-0, this item was continued to the to September 5, 1995 meeting of September 5, 1995. NEW BUSINESS The Deputy City Clerk presented the annual review of ,the City's SRRE Annual Review Source Reduction and Recycling Element (SRRE) of the General Plan and a review of fees previously established to cover administrative costs for fiscal year 1995-1996. MOTION On motion by Council Member Hornbuckle, seconded by Council Continued to Member Genis, and carried 4-0, this item was scheduled for public September 5, 1995 hearing on September 5, 1995, at 6:30 p.m., in the Council Chambers of City Hall. NEW BUSINESS On motion by Council Member Monahan, seconded by Council Revised Salaries Member Genis, and carried 4-0, a resolution revising pay ranges to reflect recommendations of a classification and compensation study MOTION of selected positions in the Police Department pursuant to the 1994 - Continued to 1997 MOU (Memorandum of Understanding) was continued to the September 5, 1995 meeting of September 5, 1995. 1 NEW BUSINESS The Deputy City Clerk presented Alcoholic Beverage Control (ABC) ABC Licenses Licenses undue concentration requests. The Deputy City Undue Concentration Manager/Development Services summarized the Agenda Report Requests dated August 10, 1995. Heather Somers, 427 East 17th Street, Costa Mesa, asked that the Agenda Report conclusion :be amended to reflect that prior to forwarding the Zoning Administrator's decision to the ABC, the City Attorney will draft language that would allow a 30 -day review period similar to that allowed for City ordinances. She suggested that, Council and the Planning Commission should be apprised of these requests. The Planning Manager/Zoning Administrator responded to questions from Council. MOTION A motion was made by Council Member Hornbuckle, seconded by Requests to be Council Member Genis, and carried 4-0, to process the requests Processed Through through the City Council, and in one year, review the possibility of Council delegating this responsibility to the Zoning Administrator. NEW BUSINESS The Deputy City Clerk presented Single -Family Housing Housing Rehabilita- Rehabilitation Procedures/Policies and Procedures for the Single - tion Procedures/ Family Housing Rehabilitation Program: Policies Single -Family Loan and Neighborhood Improvement Grant Program policies and procedures. Budget Adjustment No. 96-09, for $10,000.00, to provide funding for program revisions. Moratorium on approval of new rehabilitation loans and grants pending review and revision of the Single -Family Loan and Neighborhood Improvement Grant Program's policies, procedures, and documents. The Redevelopment and Housing Manager summarized the Agenda Report dated August 14, 1995. MOTION On motion by Council Member Hornbuckle, seconded by Council Adjustment 96-09 and Member Genis, and carried 4-0, staff was authorized to amend the MoratoriumApproved Grant Program policies and procedures, Budget Adjustment No. 96- 09 was approved, and the moratorium as outlined above was approved. NEW BUSINESS The Deputy City Clerk presented a request for limited long - Housing Rehab and term employment agreements for housing rehabilitation and Code Enforcement code enforcement: Agreements Hire one limited -term Management Analyst to run both the Single - Family Housing Rehabilitation Loan and the Neighborhood Improvement Grant Programs; and one limited -term Senior Code Enforcement Officer to run the Special Housing Code Enforcement Program. Budget Adjustment No. 96-08 for $198,398.00, to provide salaries, benefits, vehicle rental for two limited -term positions, and interim contract code enforcement services. The Redevelopment and Housing Manager summarized the Agenda Report dated August 14, 1995. MOTION/Approved On motion by Council Member Hornbuckle, seconded by Council Hiring of Limited- Member Monahan, and carried 4-0, the hiring of two limited -term Term Employees, and employees and Budget Adjustment No. 96-08 were approved. Adjustment 96-08 William Smith, 113 Georgetown Lane, Costa Mesa, stated that the trees along the roadways were not being watered properly. CITY ATTORNEY'S The City 'Attorney requested a closed session pursuant to REPORTS/Request Government Code Sections 54956.9(a) and 54956.9(c) to discuss the for Closed Session: following: City of Costa Mesa v. Sid Soffer and Michiko Soffer City v. Soffer (People v. Soffer, Harbor Municipal Court Case No. M96181, 540 (Bernard Street); City Bernard Street); City of Costa Mesa v. Sid Soffer, Orange County v. Soffer (Arbor Superior Court Case No. 63-18-08, 900 Arbor Street; consider Street); 720 Shalimar whether to initiate litigation regarding drug abatement and nuisance Nuisance; City v. at 720 Shalimar Street; City of Costa Mesa v. Max Baskin, 245 Baskin; City v. Sheth Broadway; and status report on City of Costa Mesa v. Sheth (Coastal Inn, Orange County Superior Court Case No. 71-14-66). The Mayor announced that closed session would be held at the completion of regular business. CITY MANAGER'S The City Manager gave a brief overview of the Orange County REPORT/Bankruptcy bankruptcy recovery plan options. Council Member Genis Recovery Options complimented Assemblywoman Marilyn Brewer for her awareness of the problems that the cities have encountered. COUNCIL Council Member Monahan complained about a Newport Beach COMMENTS nightclub, the Thunderbird, whose advertising signs have been Thunderbird Signs posted on Costa Mesa telephone poles. He wanted Code Enforcement to be aware of these signs, and requested that the Thunderbird and the City of Newport Beach be advised of Costa Mesa's disapproval of this action. Women's Suffrage Council Member Genis reported that the week of August 21, 1995, marked the 75th anniversary of women's suffrage, and various Assaults on Women celebrations would occur. She felt that newspaper, television, etc., who reported assaults on women should contain the maximum information in order, to protect members of the public. Council Harbor Boulevard Member Genis appreciated the Police Department's efforts to control Prostitution the prostitution problem on Harbor Boulevard, and thought that the local press should publish the names and photographs of the people who are arrested by the "John" detail. She reported on an incident wherein a motorist made rude remarks to a woman. League of California Council Member Hornbuckle stated that she had submitted her name Cities Resolutions for consideration as chairperson of the League of California Cities, Committee Appoint- Orange County Division, Resolutions Committee, on which she has ment served for approximately five years. She asked for the Mayor's endorsement, and he agreed to forward a letter of support. Hornbuckle and Genis Mayor Erickson thanked Council Members Hornbuckle and Genis Commended for the time and effort expended in representing the City during the bankruptcy negotiations. ADJOURNMENT TO At 10:45 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 11:35 p.m.. and the action RECONVENED taken during closed session was announced. p`4A MOTION In City of Costa Mesa v. Sid Soffer and Michiko Soffer (People v. Authorized Public Soffer, Harbor Municipal Court Case No. M96181, 540 Bernard Nuisance Action for Street), by a vote of 4-0, the City Attorney was authorized to Soffer/540 Bernard commence public nuisance abatement actions. MOTION/Authorized In City of Costa Mesa v. Sid Soffer, Orange County Superior Court Proceedings to Case No. 63-18-08, 900 Arbor Street, by a vote of 4-0, the City Remove Vehicles, Attorney was authorized to commence proceedings to enforce Soffer/900 Arbor judgement to remove inoperable vehicles. MOTION/Authorized Regarding drug abatement and nuisance at 720 Shalimar Street, by Litigation Re a vote of 4-0, the City was authorized to commence notice and 720 Shalimar/Grant/ drug/public nuisance abatement actions against Gene Grant and Ciment Gloria Ciment. MOTION/Authorized In City of Costa Mesa v. Max Baskin, 245 Broadway, by a vote of Abatement Action Re 4-0, the City Attorney was authorized to commence public nuisance 245 Broadway/Baskin abatement action. Status Report Given In City of Costa Mesa v. Sheth (Coastal Inn, Orange County on City V. Sheth Superior Court Case No. 71-14-66), the City Attorney gave a status (Coastal Inn) report in criminal and civil actions. No action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 11:40 p.m. tow May of the City of Costa Mesa ATTEST: Deputy City' lerk of the City of Costa Mesa