Loading...
HomeMy WebLinkAbout09/05/1995 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 5, 1995 The City Council of the City of . Costa Mesa, California, met in regular session ' September 5, 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, a moment of silence in remembrance of long-time City resident and Costa Mesa Historical Society. leader Betty Beecher, and invocation by the Reverend Conrad Nordquist, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Mayor Joe Erickson F a,, Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle (arrived at 7:40 p.m.) 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 Community Services Director Keith Van Holt Personnel Services Director Steve Hayman Assistant Development Director/ Planning Manager Perry Valantine Transportation Services Manager Peter Naghavi Personnel Manager Howard Perkins Assistant to the City Manager Ann Gyben Administrative Assistant Irma Hernandez Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Monahan, seconded by Council August 21, 1995 Member Genis, and carried 4-0, Council Member Hornbuckle absent, the minutes of the regular meeting of August 21, 1995, were approved as distributed. ORDINANCES AND . A motion was made by Mayor Pro Tem Buffa, seconded by Council RESOLUTIONS Member Genis, and carried 4-0, to read all ordinances and resolutions by title only. NEIGHBORHOOD Council Member Monahan announced that the Neighborhood Watch WATCH meetings for the month of August were held by Lance and Barbara PROGRAM Jencks on Flower Street, and Charles and Norma Roberts on Magnolia Street. .'-38 38. V ORAL COMMUNI- Marie Maples, 461 Swathmore Lane, Costa Mesa, announced that CATIONS she is organizing a fund-raiser benefitting the Police Department Police Substation substation at 567 West 18th Street, to be held November 3, 1995) Fund-raiser at the Neighborhood Community Center, and asked Council to waive the room fees. The City Manager asked that Mrs. Maples provide him with details of the event, and stated that the request will be placed on' the September 18, 1995, Council agenda. School District Dick Mehren, 1824 Kinglet Court, Costa Mesa, expressed concern Properties that the Newport -Mesa Unified School District may declare the Balearic, Rea, and Harper school sites as surplus property in light of their success in disposing of the Bear Street site. He feared that if a zone change is permitted, the properties may be sold and the City's park system jeopardized. The City Manager explained that the District is required by State law to offer the City first option to acquire the properties for park and open space purposes. Council Member Genis asked that whenever a notification is received from the District of its intent to declare a site as surplus and offer it for sale, that this be addressed by Council at the next meeting. Wilson Park Dorothy Adams, 220 Amherst Road, Costa. Mesa, wanted to find another use for Wilson Park, suggesting that the City would save money in upkeep. County Charter Janet Remington, 1164 Boise Way, Costa Mesa, asked if Council Commission Member Genis, a member of the County Charter Commission, could provide regular reports on its progress. Council Member Genis felt that the ' public should be aware of the County's efforts to draft a charter, and stated that she would report under Council Member Comments. She announced that the full Commission would meet again on September 28, 1995, at a time and place to be determined. Harbor Boulevard Greg Brown, 2501 Christopher Lane, Costa Mesa, thanked the City Traffic Signal for correspondence he received relating to changes in the timing of Timing traffic signals which permits handicapped persons to more safely cross the street. The Transportation Services Manager clarified that the signals in question were located on Harbor Boulevard at Fair Drive and at Hamilton Street. Assessment District Kris Van Allen, 691 Center Street, Costa Mesa, commented that for Shalimar Drive Exhibits A and B to the resolution regarding the intention to and James Street establish an assessment district for Shalimar Drive and James Street Alley Improvements alley improvements, Old Business. No. 7, were missing from the Agenda Report. The City Attorney explained that the resolution is a "sample", and the exhibits will be prepared upon Council's direction to do so. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR 1, Reading Folder. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Approved Except Genis, and carried 4-0, the remaining Consent Calendar items were Item 1 approved as recommended. WARRANTS Warrant Resolution 1605, funding City operating expenses in the Approved Warrant amount of $1,297,950.52; and Payroll 9516 for $1,276,961.32, were 1605; Payroll 9516 approved. REJECTED CLAIMS The following claims were rejected: Chisum Charles Chisum (reimbursement of vehicle tow charges) C 1 Freeman August Oscar Freeman (alleges identification cards not returned by police). Fritz John F. Fritz (vehicle damaged by dislodged manhole cover). Hendriks Lucia Hendriks (reimbursement of vehicle tow charges). Niavarani Farhad Niavarani (reimbursement of vehicle tow charges). Sheldon -Smith EuDine Sheldon -Smith (allegedly injured by police). ADMINISTRATIVE Pavement Rehabilitation on Continental Avenue and Senate Street, ACTIONS Project No. 95-05, was completed to the satisfaction of the Public Accepted Work by Services Director on August 18, 1995, by R. J. Noble Company, R.J. Noble for 15505 East Lincoln Avenue, Orange. The work was accepted; the Continental/Senate Deputy City Clerk was authorized to file a Notice of Completion; Pavement Rehabilita- authorization was given to release retention funds 35 days thereafter; tion, Project No. the Labor and Material Bond was ordered exonerated 7 months 95-05 thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Authorized Negotia- Regarding Modification of Existing Jail Facility Heating and tion for 99 Fair Ventilation System to Provide Air Conditioning at 99 Fair Drive, Drive Air Condi- Project No. 95-12, staff was authorized to negotiate with qualified tioning, Project subcontzactors for an amount not to exceed $30,000.00; and the City No. 95-12 Manager was authorized to execute the individual agreements. READING FOLDER Item 1 on the Consent Calendar was presented: Reading Folder. Council Member Monahan addressed the Alcoholic Beverage Control (ABC) license application from Madeleines, 103 Santa Isabel, stating that they are applying for a Type 48 on -sale general license which indicates that they are changing from a restaurant to primarily a bar operation. He asked that the Mayor forward a letter to ABC, along with a letter from staff, which indicates that the proposed change is contrary to efforts to reduce criminal activity in this area. He encouraged residents who concur to forward their concerns to the City Manager, who will pass them along to ABC. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Received and Genis, and carried 4-0, the remaining Reading Folder items were Processed received and processed: Calandri Claim received by the Deputy City Clerk: Nacole Calandri. Alcoholic Beverage Alcoholic Beverage License for which parking has been approved License by the Planning staff: Hooters Restaurant, 580 Anton Boulevard, Building 1, Suite A101. Public Utilities Notice from Southern California Gas Company that Application Commission No. 95-08-001 has been filed with the California Public Utilities Commission requesting a decrease in core rates of $131.9 million. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Special Events and from the meeting of August 21, 1995, to consider ordinances Public Entertainment pertaining to special events and public entertainment. No Ordinances communications were received. The Assistant to the City Manager reviewed the Agenda Report dated August 28, 1995. There being no speakers, the Mayor closed the public hearing. 388 MOTION/Ordinances On motion by Council Member Genis, seconded by Mayor Pro Tem 95-13 and 95-14 Buffa, and carried 4-0, the following ordinances were given first Given First Reading reading and passed to 'second reading: Ordinance 95-13, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING COSTA MESA MUNICIPAL CODE SECTIONS 9-193 THROUGH 9-203 PERTAINING TO PUBLIC ENTERTAIN- MENT. Ordinance 95-14, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING ARTICLE 11.5 TO CHAPTER II.OF TITLE 9 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO SPECIAL EVENTS. PUBLIC HEARING The Deputy City Clerk announced that this was the time and place Source Reduction and set for the public hearing to consider a resolution establishing a fee Recycling Element pertaining to the implementation of the City of Costa Mesa Source Reduction and Recycling Element. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Services Director summarized the Agenda Report dated August 28, 1995. There being no speakers, the Mayor closed the public hearing. MOTION ,On motion by Mayor Pro Tem Buffa, seconded by Council Member Resolution 95-70 Genis, and carried 4-0, Resolution 95-70, A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, ;CALIFORNIA, ESTABLISHING A FEE PERTAINING TO THE ;IMPLEMENTATION OF THE CITY OF COSTA MESA SOURCE REDUCTION AND RECYCLING ELEMENT, was adopted. PUBLIC HEARING ,The Deputy City Clerk announced that this was the time and place Shopping Carts ;set for the public hearing to consider a resolution establishing and ;adopting a shopping cart abatement fee for the City of Costa Mesa; a six-month agreement with Unlimited Contract Services, 15503 Blaine Avenue, Bellflower, to collect, store, and dispose of 'abandoned_ shopping carts at a cost of $10.80 per cart; and Budget Adjustment No. 96-15 for $54,430.00, to advance the cost of ;operating the Shopping. Cart Abatement Program. The Affidavit of Publication is on file in the City Clerk's office. A communication was received from California Shopping Cart Retrieval Corporation, ,3055 West Valley Boulevard, Alhambra, protesting the recommen- dation to have Unlimited Contract Services provide shopping cart ;retrieval services for the City. The Public Services Director reviewed the Agenda Report dated August 24, 1995. Dorothy Adams, 220 Amherst Road, Costa Mesa, asked how much shopping carts cost. The City Manager responded that prices vary, but generally the cost ;runs upwards of $125.00/$150.00 apiece. ;There being'no other speakers, the Mayor closed the public hearing. ;Mayor Erickson explained that the City had worked over a period !of time with the California Grocer's Association in an attempt to resolve the abandoned shopping cart problem, but the Association chose to go to the California Legislature in an attempt to tie the City's hands. L MOTION On motion by Council Member Genis, seconded by Council Member Resolution 95-71 Monahan; and carried 4-0, the following actions were taken: Adopted; Agreement Resolution 95-71, A RESOLUTION OF THE CITY COUNCIL OF with Unlimited THE CITY OF COSTA, MESA, CALIFORNIA, ESTABLISHING Approved; Adjust- AND ADOPTING A SHOPPING CART ABATEMENT FEE FOR ment Approved THE CITY OF COSTA MESA, was adopted; the agreement with Unlimited Contract Services was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City; and Budget Adjustment No. 96-15 was approved. Council Member Genis stated for the record that the shopping cart retrieval program now used by the California Grocer's Association has proven to be ineffective, and hoped that this new effort will be an improvement. The City Manager mentioned that monthly reports will be initiated. ANNOUNCEMENT Mayor Erickson announced that discussion of Old Business No. 1, second reading and adoption of Ordinance 95-10 regarding sign regulations, would be postponed until the arrival of Council Member Hornbuckle. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 21, Metro Pointe Traffic 1995, traffic impact fee assessment for the Metro Pointe Impact Fee Development. Council Member Monahan declared that he would abstain from voting on this item. The Public Services Director reviewed the Agenda Report dated August 10, 1995. A question and answer period ensued. Leonard Hampel, Rut an'° and Tucker, 611 Anton Boulevard, Costa Mesa, confirmed that meetings had been held with City staff and agreement had been reached. He commented that the remaining issue was the "blended rate" which takes into account combined shopping trips due to the proximity of various uses. He did not believe that the annual monitoring program as recommended by staff is practical. Motion. to Approve. A motion was made by Mayor Pro Tem Buffa to assess the trip fees Blended Rate Died for on the project using the blended rate model. The motion died for Lack of a Second lack of a second. MOTION/Approve A motion was made by Council Member Genis, seconded by Mayor Blended Rate Model Erickson, to approve the blended rate model subject to the Subject to Monitor- monitoring program, to be underwritten by the developer with funds ing Program to be deposited with the City and administered by the Public Services Department. SUBSTITUTE A substitute motion was made by Mayor Pro Tem Buffa, seconded MOTION/Approved by Mayor Erickson, and carried 3-0, Council Member Monahan Blended Rate abstaining, to assess the traffic impact fees using the blended rate; Assessment and directing the City Attorney to. report in two weeks on the applicability of the monitoring program conducted at the developer's expense. The Deputy City Manager/Development Services suggested a two- year time limit for the monitoring program, to commence upon occupancy. Council Member Genis thought that a business should only be assessed for the traffic that they generate, and felt that monitoring is important. ME OLD BUSINESS The Deputy City Clerk presented from the meeting of August 21, Ordinance Prohibiting 1995, an ordinance establishing prohibition of camping and storage Camping in Parks of personal property in public parks, streets, and other areas. The Community Services Director summarized the Agenda Report dated August 29, 1995. Gary Lewis, 310 East 20th Street, Costa Mesa, stated that he had an experience wherein he could have been left homeless, and urged compassion for those less fortunate. Council Member Hornbuckle arrived at 7:40 p.m. Dorothy Adams, 220 Amherst Road, Costa Mesa, suggested alternatives to camping in the park. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Ordinance 95-15 Monahan, and carried -5-0, Ordinance 95-15, AN ORDINANCE OF Given First Reading THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SECTION 12-7 TO TITLE 12 OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING PROHIBI- TION OF CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC PARKS, STREETS, AND OTHER AREAS, was given first reading and passed to second reading. OLD BUSINESS Mesa Verde Villas and California School Block Wall MOTION Continued to September 18, 1995 Mayor Pro Tem Buffa felt that many persons camping in the parks do so of their own volition, and explained that the ordinance did not target persons who were temporarily, economically disadvantaged. Council Member Genis stated that shelters are equipped to accommodate only about 10 percent of the homeless in Orange County, and explained that this ordinance did not. ban sleeping in a park but prohibits establishing campgrounds. She supported working with other cities such as Santa Ana, Huntington Beach, and Anaheim, to attempt to develop a continuum of care for some of the homeless persons. Council Member Monahan pointed out that parks were created for recreational purposes, and now citizens are prevented from using the parks because they are misused. The Deputy City Clerk presented from the meeting of August 21, 1995, construction of a block wall between Mesa Verde Villas and California School: Agreement with LANBP Engineering Corporation, 21104 Windchild Lane, Huntington Beach, for $4,580.00, to prepare plans, specifications, and estimates for construction of a masonry block wall. Agreement with Mesa Verde Villas Homeowners Association, 1630 Iowa Street, No. 3, Costa Mesa, for construction administration. On motion by Council Member Member Genis, and carried 5-0, meeting of September 18, 1995. Monahan, seconded by Council this item was continued to the OLD BUSINESS The Deputy City Clerk presented from the meeting of August 21, Ordinance 95-10, 1995, second reading and adoption of Ordinance 95-10, adopting Sign Regulations amended sign regulations. The Planning Manager reviewed the Agenda Report dated August 28, 1995. A question and answer period ensued. 391 Charles Robertson, 1885 Tahiti Drive, Costa Mesa, showed photographs of various banners and window signs throughout the City.. He felt that temporary signage should be separated from Permanent, and the size of banners should be defined and limited with a 30 -foot minimum and 100 -foot maximum, subject to a limitation of .5 -square -foot per lineal foot of building frontage. John Feeney, 1154 Dorset. Lane, Costa Mesa, member of the California Electric Sign Association, preferred combining temporary and permanent signage, explaining that businesses should be able to make their own. decision regarding the type and size of signs to use. He stated that Alternative 2 as proposed in the Agenda Report for permanent, on -premise signage, in most cases is more restrictive than the sign requirements for the cities of Newport Beach, Huntington Beach, and Santa Ana. Mr. Feeney did not believe that use of this option was small-business friendly. Jeffrey Stern, owner of Love to Travel, 369 East 17th Street, Costa Mesa, president of Superior Electrical Advertising, and a member of the Sign Ordinance Review Committee, stated that most objections received concerned temporary signs. He supported Alternative 1 and the separation of temporary and permanent signs. Greg Brown, 2501 Christopher Lane, Costa Mesa, objected to the number of signs in Costa Mesa. David Crater, no .address given, wished to address the homeless issue. Motion to Approve A motion was made by Council Member Monahan, seconded by Alternatives 1 and Mayor Pro Tem Buffa, to approve Alternative 1 for permanent signs C Died for Lack of (1.5 lot width + .5 lot depth). Council Member Monahan added to a Second the motion the approval of Alternative C (.5 square feet per linear foot of store front), with a minimum banner size of 25 square feet and a maximum of 75 square feet for each business. Mayor Pro Tem Buffa withdrew his second. Council Member Genis seconded the motion for discussion, then withdrew her second. Motion to Approve A motion was made by Council Member Hornbuckle, seconded by Alternative 2 Failed Mayor Erickson, to approve Alternative 2 for permanent signs. The to'Carry motion failed to carry 3-2, Council Members Buffa, Genis, and Monahan voting no. MOTION A motion was made by Council Member Genis, seconded by Mayor Approved Time Limit Erickson, and carried 3-2, Council Members Buffa and Monahan for Temporary Signs voting no, to institute a time limit, for temporary signs, with specifics to be determined later. MOTION A motion was made by Council Member Genis, seconded by Approved Banners Council Member Hornbuckle, and carried 3-2, Council Members Buffa and Monahan voting no, to allow the, installation of banners 12 times per year, not to exceed ten days each time, without using the permit system. MOTION On motion by Council Member Hornbuckle, seconded by Mayor Approved Alternative Erickson, and carried 3-2, Council Members Buffa and Monahan C for Temporary voting no, Alternative C for temporary signs, with a 25 square -foot Signs minimum and 75 square -foot maximum, was approved. MOTION A motion was made by Council Member Monahan, seconded by Approved Alternative Mayor Pro Tem Buffa, and carried 3-2, Council Members Erickson 1 for Permanent and Hornbuckle voting no, approving Alternative 1 for permanent Signs signs. MOTION A motion was made by Council Member Hornbuckle, seconded by Temporary Window Council Member Genis, and carried 3-2, Council Members Buffa Signage Reduced and Monahan voting no, to reduce the amount of allowed temporary window signage to 10 percent of the window area. Motion to Reduce A motion was made by Mayor Pro Tem Buffa, seconded by Council Distance of Signs Member Monahan, regarding Ordinance Section 13-957, Signs Failed to Carry Adjacent to Residential Zones, changing 200 feet to 100 feet in the two instances where ' it appears. The motion failed to carry 3-2, Council Members Erickson, Hornbuckle, and Genis voting no. Council Member Genis felt that signs should be more restricted when located near a residential area, and did not support the motion. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Approved Planned Member Monahan, and carried 4-1, Council Member Genis voting Signing Program no, to add Subsection (c) to Section, 13-957, directing staff to create Alternative the wording for a Planned Signing Program which would be the third alternative for those businesses within 200 feet of a residential zone. MOTION/Sign A motion was made by Council Member Monahan, seconded by Ordinance Review Council Member Genis, and carried 5-0, to retain the Sign Committee Retained Ordinance Review Committee in order to review the ordinance and report after one year. Charles Robertson, 1885 Tahiti Drive, Costa Mesa, suggested a 90 - or 120 -day time period in which to notify businesses of the new limitations, and to permit use of the banners already installed. MOTION/Approved A motion was made by Council Member Hornbuckle, seconded by Residential and Mayor Erickson, and'carried 4-1, Mayor Pro Tem Buffa voting no, Institutional Recom- to adopt the recommendations of the August 21, 1995, Agenda mendations Report, Pages 4 and 51 regarding Residential and Institutional Zones, with a .limit of 100 square feet per banner. MOTION/Approved A motion was made by Council Member Genis, seconded by Guidelines for Council Member Hornbuckle, and carried 3-2, Council Members Temporary Institu- Buffa and .Monahan voting no, to use the same standards for tional Signs temporary institutional signs as those applied to temporary commercial banners. Ordinance 95-10 During discussion, it was determined that because of the many Given First Reading changes, another first reading was required for Ordinance 95-10, AN 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. Second reading and adoption is scheduled for 'the meeting of September 18, 1995. Motion to Limit A motion was made by Council Member Genis, seconded by Mayor Moratorium Died Erickson, to limit the banner moratorium as discussed earlier to a '90- or 120 -day time period. SUBSTITUTE A substitute motion was made by Council Member Monahan, MOTION/Current seconded by Council Member Genis, and carried 5-0, to retain the Moratorium Retained current moratorium on enforcement of any banner regulations, which will conclude at the end of the year. RECESS The Mayor declared at recess at 9:00 p.m., and the meeting reconvened at 9:10 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of August 21, Revised Salaries 1995, a resolution revising pay ranges to reflect recommendations of a classification and compensation study of selected positions in the Police Department pursuant to the 1994-1997 MOU (Memorandum of Understanding). The Personnel Manager summarized the Agenda Report dated August 28, 1995. Council Member Genis commented that she would like to read the comprehensive classification and compensation study prior to voting. MOTION A motion was made by Council Member Genis, seconded by Continued to Council Member Hornbuckle, and carried 5-0, to continue this item September 18, 1995 to the meeting of September 18, 1995, with copies of the Personnel Concepts studies, as well as the comparison with other agencies, to be provided for consideration prior to that time. OLD BUSINESS The Deputy City Clerk presented the following committee actions: Committee appoint one member to the Child Care Youth Services Committee; Appointments appoint one member to the Fairview Park Committee; appoint one member to the .. Parks, Recreation Facilities and Parkways Commission; authorize formation of the Investment Oversight Committee; appoint three members to the Investment Oversight Committee; and designate the Mayor and City Manager as members of the Investment Oversight Committee. The Administrative Assistant summarized the Agenda Report dated August 29, 1995. MOTION On motion by Mayor Erickson, seconded by Council Member Appointed Millinger Monahan, and carried 5-0, Barbara Millinger was appointed a member of the Child Care Youth Services Committee for a two-year term expiring September, 1997. MOTION On motion by Mayor Erickson, seconded by Council Member Appointed Palmer Hornbuckle, and carried 5-0, Nancy Palmer was appointed a member of the Fairview Park Committee for a four-year term expiring September, 1999. MOTION On motion by Council Member .Monahan, seconded by Mayor Pro Appointed Sams Tem Buffa, and carried 5-0, Chris Sarris was appointed a member of the Parks, Recreation Facilities, and Parkways Commission, to fill the unexpired term of Michael Dunn, which terminates in March, 1999. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Appointed Gorman, Genis, and carried 5-0, Kevin Gorman, Gary Pulford, and William Pulford, and Loyko Loyko, Jr., were appointed members of the Investment Oversight Committee for four-year terms expiring September, 1999. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Member Designated Mayor, Genis, and carried 5-0, the Mayor and City Manager were City Manager, and designated as members of the Investment Oversite Committee, and Monahan Council Member Monahan was designated the Mayor's alternate. 3 94 MOTION On motion by Council Member Hornbuckle, seconded by Council Authorized Com- Member Monahan, and carried 5-0, formation of the Investment mittee Formation Oversight Committee was authorized. OLD BUSINESS The Deputy City Clerk presented City Attorney's Report No. 95-88, Shalimar/James regarding a resolution of intention to establish an assessment district Assessment District for Shalimar Drive and James Street alley improvements. The City Attorney reviewed his report dated August 30, 1995, and reported that the assessment district may authorize the issuance of bonds. MOTION A motion was made by Council Member Genis, seconded by Directions Given for Council Member Monahan, and carried 5-0, directing staff to Assessment Report prepare an assessment report, and set a hearing to consider the and Hearing report and the resolution of intention. NEW BUSINESS The Deputy City Clerk presented the determination of public ABC License/Thai convenience or necessity for an Alcoholic Beverage License (ABC) application from Jennifer Thai, New Cost Market, 2228 Newport Boulevard. The Deputy City Manager/Development Services summarized the Agenda Report dated August 28, 1995. . MOTION A motion was made by Council Member Hornbuckle, seconded by Denial Upheld Council Member Genis, and carried 5-0, to allow the ABC denial, to not make the finding of public convenience or necessity for issuance of a new off -sale beer and wine license, and to forward a letter to ABC thanking them for their denial. NEW BUSINESS The Deputy City Clerk presented a request from Todos Hermanos Request for Fee to waive fees -for use of Lions Park (noon to 5:00 p.m) and Davis Waiver From Todos Field (noon to 3:00 p.m.) on September 17, 1995. The Community Hermanos Services Director reviewed the Agenda Report dated August 28, 1995. Roy Alvarado, 2619 Santa Ana Avenue, Costa Mesa, explained that this event gave residents from all over the City the opportunity to interact with other families. MOTION On motion by Council Member Hornbuckle, seconded by Council Waived Fee : Member Genis, and carried 5-0, the fee was waived. NEW BUSINESS The Deputy City Clerk presented the following West 19th Street 19th Street Residents' Recommendations: Improvements Install a center two-way, left -turn lane between Placentia and Monrovia Avenues. Continue the on -street parking removal policy only when directly requested by affected residents oras determined by staff for traffic safety purposes. nue the study in progress for traffic signal warrants at the ection of West 19th Street and Monrovia Avenue for future deration. Provide study results to the City Council in 30 :ruct and upgrade public improvements for approximately 000 .00, including design and inspection costs. blic Services Director reviewed the Agenda Report dated 19, 1995. Mayor Erickson announced that a communication I. 1 had been received from Mary Fewel, Editor of the Canyon Park News, recommending a phased approach to sidewalk construction. John Linnert, architect, 1980 Continental Avenue, Costa Mesa, representing. residents of the Canyon Park neighborhood, suggested that sidewalk improvements, especially on the north side of West 19th Street between Federal and Monrovia Avenues, receive the highest priority. MOTION A motion was made by Council Member Hornbuckle, seconded by Recommendations Council Member Genis, and carried 5-0, to approve the Approved recommendations as outlined in the Agenda Report dated August 29, 1995, stipulating that reports be generated on Item No. 4, Construction and upgrade of public improvements at an estimated cost of $250,000.00, including design and inspection costs; the feasibility of a phasing program; and any necessary budget adjustments. NEW BUSINESS The Deputy City Clerk presented City Attorney's Report No. 95-81 Code Enforcement regarding code enforcement by nonsworn City of Costa Mesa employees. The City Attorney reviewed his report dated August 29, 1995. Council Member Monahan reported that there are not enough code enforcement officers to administer the number of ordinances, and suggested that City employees who are in the field may be able to assist. The City Attorney .gave a report on the efforts of his office regarding prosecution of code enforcement violations. John Feeney, .1154 Dorset Lane, Costa Mesa, supported the enhanced code enforcement, and thought it would save the City money. Council Member Hornbuckle voiced concern regarding Council Members being included in the enforcement process, stating that their role was to set the policy. MOTION A motion was made by Council Member Monahan, seconded by Directions Given Council Member Genis, and carried 5-0, directing the City for Program Imple- Attorney's office to prepare a resolution, directing the City mentation Manager, with input from the various department heads and the Police Department, to coordinate applicable employees and ordinances to be enforced, and directing the City Manager, City Attorney, and Police Department to prepare training and implementation of this program. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request for Government Code Sections 54956.9(a) and 54957.6 to discuss the Closed Session: following items: City of Costa Mesa v. Sheth (Coastal Inn), Orange City v. Sheth; and County Superior Court Case No. 75-20-41; and negotiations with the Police Association Costa Mesa Police Association. Mayor Erickson asked that the Negotiations Coastal Inn be discussed during open session, and announced that closed session would be held at the conclusion of regular business. CITY ATTORNEY'S The City Attorney presented City of Costa Mesa v. Sheth (Coastal REPORT Inn), Orange County Superior Court Case No. 75-20-41, and City v. Sheth summarized his report dated August 19, 1995. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Council Ratified Legal Member Genis, and carried 5-0, ratifying commencement of legal Action action to recover the delinquent transient occupancy taxes of approximately $46,000.00, and to recover the cost of securing the Coastal Inn property, approximately $6,000.00. CITY MANAGER'S The City Manager presented a resolution revising the pay ranges for REPORT job classifications represented by the Costa Mesa City Employees Revised Pay Ranges Association to reflect the established labor marketplace pursuant to the 1994-1997 Memorandum of Understanding (MOU). The Personnel Director reviewed the Agenda Report dated August 28, 1995. John Feeney, 1154 Dorset Lane, Costa Mesa, asked if the fact that the private sector does not pay overtime was factored into this report. The Personnel Director replied that the Fair Labor Standards Act defines who may work without overtime compensa- tion, and that would include all nonexempt employees. The City Manager added that City nonmanagement employees have been shifted away from situations that require overtime, with exceptions being the Police and Fire Departments. MOTION On motion by Council Member Hornbuckle, seconded by Council Resolution 95-72 Member Monahan, and carried 4-1, Council Member Genis voting Adopted no, Resolution 95-72, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE PAY RANGES FOR JOB CLASSIFICATIONS REPRESENTED BY THE COSTA MESA CITY EMPLOYEES ASSOCIATION TO REFLECT THE ESTABLISHED LABOR MARKETPLACE PURSUANT TO THE 1994-1997 MOU, was adopted. Council Member Genis asked for additional follow-up on the Private/Public Compensation Comparison Survey, particularly if the private sector computes the employer's contribution to Social Security into the total compensation figure, and if this is the case, how the total is affected. CITY MANAGER'S The Deputy City Clerk presented a resolution revising the pay REPORT ranges for executive job classifications to reflect the established Revised Pay Ranges labor marketplace. The Personnel Director summarized the Agenda for Executive Jobs Report dated August 28, 1995. MOTION On motion by Council Member Hornbuckle, seconded by Council Resolution 95-73 Member Monahan, and carried 4-1, Council Member Genis voting Adopted no, Resolution 95-73, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REVISING THE PAY RANGES FOR EXECUTIVE JOB CLASSIFICATIONS TO REFLECT THE ESTABLISHED LABOR MARKETPLACE, was adopted. CITY MANAGER'S The City Manager presented a status report on the Orange County REPORT/County Bankruptcy Recovery Plan. He explained that there had not been a Bankruptcy change in status since the previous Monday; however, he will provide an update when new information is received. COUNCIL Council Member Monahan asked for an update on two Council COMMENTS goals: to make the second floor of City Hall more "user friendly"; Second Floor and to work towards one-stop permit processing. The City Manager Status replied that he would provide a written report within two weeks. World War II Council Member Genis reported that the final commemoration in Celebration celebration of the ending of World War II was held Saturday, September 2, 1995, and thanked the citizens who staged the event, and the veterans who participated. She thought that it was important County Charter to remember that the war was fought to enable persons to participate in government and to maintain freedom. She encouraged citizens to r 1 � p 3.97 write to their supervisors or council persons expressing their views on what should be contained in the County Charter. Beginning of School Council. Member Hornbuckle announced that school begins this week, and encouraged motorists to watch for small children crossing the street. Betty Beecher Mayor Erickson remembered Betty Beecher and other persons who have cared for Costa Mesa over the years. ADJOURNMENT TO At 10:35 p.m, the Mayor adjourned the meeting to a closed session CLOSED SESSION in the first floor Conference Room to discuss the item .previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 10:40 p.m., and the action RECONVENED taken during closed session was announced. MOTION/City Regarding negotiations with the Costa Mesa Police Association, by Manager Given a vote of 4-1, Mayor Pro Tem Buffa voting no. Council directed Directions in Police the City Manager to treat the Police Association on the same terms Negotiations as the Costa Mesa City Employees Association concerning affordability and marketplace. ADJOURNMENT The Mayor declared the meeting adjourned at 10:45 p.m. M r of the City of Costa Mesa ATTEST: I Deputy City 9erk of the City of Costa Mesa