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HomeMy WebLinkAbout08/18/1997 - City CouncilROLL CALL MINUTES August 4, 1997 ORDINANCES AND RESOLUTIONS REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 18, 1997 The City Council of the City of Costa Mesa, California, met in regular session August 18, 1997, 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 Pro Tem, followed 0y the Pledge of Allegiance 'to the Flag led by Council Member Erickson, and invocation by the Reverend Rod Randall, Harbor Trinity Baptist Church. i Council Members Present: Mayor Pro Tem Gary Monahan Council Member Joe Erickson Council Member Libby Cowan Council Member Heather Somers Council Members Absent: Mayor Peter Buffa Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Development Services Donald Lamm Public Services Director William Morris Personnel Services Director Steve Hayman Assistant Finance Director Marc Davis Budget & Research Officer Carol Jacobs Assistant to the City Manager Ann Gyben Personnel Analyst Lance Nakamoto Deputy City Clerk Mary Elliott On motion by Council Member Erickson, seconded by Council Member Cowan, and carried 4-0, Mayor Buffa absent, the minutes of the regular meeting of August 4, 1997, were approved as distributed. A motion was made by Council Member Erickson, seconded by Council Member. Somers, and carried 4-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Sebastian Valente, owner of the Car Gallerie, 2640 Harbor CATIONS/Valente Boulevard, Costa Mesa, stated that it was unfair for him to Code Violation receive a $4,800.00 citation from Code Enforcement because he did not have a conditional use permit to park 1.00 Jeeps on a vacant lot that he had purchased at 2665 Harbor Boulevard. The Deputy City Manager explained that more vehicles were added since this incident occurred in June, and the citation is currently under the jurisdiction of the Municipal Court. After further discussion, the City ,1kttorney advised Mr.. Valente that the City -'cannot interfere,' -with 'Municipal Court procedures. Mayor Pro Tem -.Monahan_ asked for a report regarding this matter. i 167 Painting Curb Cuts Greg Brown, '2501 Christopher Lane, Costa Mesa, submitted at Nutmeg/Harbor a letter to the Mayor asking if the curb cuts could be painted at Nutmeg ' Place a,nd Harbor Boulevard to increase visibility. Mayor Pro Tem Monahan stated that his letter would be given to the Public Services Director for investigation. Water Rates Dorothy Adams, 220 Amherst Road, Costa Mesa, asked if Council could intercede .for the residents in preventing Mesa Consolidated Water District from raising water rates to cover the District's lawsuit costs. CONSENT On motion by Council Member Erickson, seconded by Council CALENDAR Member Cowan, and carried 4-0, all Consent Calendar items MOTION/Approved were approved as recommended. WRITTEN COMMU- Resolution 97-72, A RESOLUTION OF THE CITY NICATIONS COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted Resolution AUTHORIZING RECORDS DESTRUCTION FOR THE CITY 97-72, Records CLERK'S OFFICE OF THE CITY OF COSTA MESA, Destruction for PURSUANT TO ORDINANCE NO. 75-60, was Clerk's Office adopted. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Joel Kanter; Kurt Michel; Eula Jo Simms; Gordon H. Smith; Debi Villa; and Agnes and Samuel Wakeley. WARRANTS Warrant Resolution 1656, funding City operating expenses in Approved Warrant the amount of $861,382.36; and Payroll 9715 for 1656 Payroll 9715 $1,433,827.79, were approved. REJECTED CLAIM The claim from Lance Messner (trip and fall accident), was Messner rejected. ADMINISTRATIVE Bids received for Pavement Overlay and Reconstruction of ACTIONS/Awarded Anaheim Avenue, 19" Street to Superior Avenue; Monvovia Pavement Overlay, Avenue, 19' Street to 18th Street; and Pomona Avenue, 18th Project 97-11, to Street to 191h Street, Project No. 97-11, are on file in the City All American Clerk's office. The contract was awarded to All American Asphalt Asphalt, 1776 All American Way, Corona, for $441,886.30. Approved Agree- An agreement was approved with Ware & Malcomb ment with Ware & Architects, Inc., 18002 Cowan, Irvine, for $20,400.00, to Malcomb for City provide architectural services for Remodel of City Hall Lobby Hall Remodeling and the Audio/Video Room, -and the City Manager and Deputy City Clerk were authorized to sign on behalf of the City. Accepted Work by Repair of Storm Damaged Streets at Various Locations, R.J. Noble for Project No. 96-19, Federal No. ER 2882 (005), was Street Repair at completed to the satisfaction of the Public Services Director Various Locations, on June 11, 1997, by R. J. Noble Company, 15505 East Project No. 96-19 Lincoln Avenue, Orange. . The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Approved Refund Street improvements at 2251 and 2259 Orange Avenue, in to Oakhill Develop- connection with Encroachment Permit No. 14319, were ment for EP -14319 completed to the satisfaction of the Public Services Director by Oakhill Development, Inc., 1048 Irvine Avenue, Suite 363, Newport Beach. The work was accepted, and the $9,000.00 cash deposit was ordered exonerated. Accepted Work by Street improvements at 154 East 171h Street, in connection Clarion Construc- with Planning Action PA -96-31, were completed to the tion for Street satisfaction of the Public Services Director by Clarion Improvements, Construction, Inc., 21067 Commerce Point Drive, Walnut. PA -96-31 The work was accepted, and the Performance Bond and Labor and Material Bond were ordered exonerated. Mayor Pro Tem Monahan announced that Public Hearing No. 2 would be taken out of order and presented next. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Community place set for the public hearing to consider Community Facilities District Facilities District No. 97-1 (Sunflower Avenue Utility No. 97-1 6ndergrounding): i Resolution forming Community Facilities District No. 97-1. Resolution determining the necessity to incur bonded indebtedness within Community Facilities District No. 97-1. Resolution calling a special election in Community Facilities District No. 97-1. — Resolution declaring the results of a special election. Ordinance levying special taxes within City of Costa Mesa Community Facilities District No. 97-1. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. I Mayor Pro Tem Monahan announced that this was the time and place for the public hearings in this Council's proceedings for Community Facilities District No. 97-1 (Sunflower Avenue Utility Undergrounding); that the hearings are to inquire into the formation of the District, the levy of special taxes in the District, and the need to incur bonded indebtedness in the District. He asked if there were any property owners or registered voters in the District who wished to file written protests with the City Clerk before formally opening the hearings. There were no protests. Mayor Pro Tem Monahan announced that the hearings were now officially open, that presentations by staff and the consultants will be heard first; comments and questions and oral protests from any interested persons will be heard second; and when all comments have been received, the hearings will be closed. The Public Services Director reviewed the Agenda Report dated August 11, 1997, and showed an overhead transparency of the affected properties. Forrest Werner, 992 Azalea Drive, Costa Mesa, commented that the owners of homes that back up to Sunflower Avenue for approximately one-half mile east of Fairview Road were not given the option of being included in the Community Facilities District. The Public Services Director advised Mr. Werner that Southern California Edison is currently doing a study to determine the cost for that area. He also suggested that staff could contact the property owners to see if there were an interest in establishing a second Community Facilities District. Paul Freeman, 3315 Fairview Road, Costa Mesa, representing C.J. Segerstrom & Sons, supported formation of the Community Facilities District. He stated for the record that once the assessment has been fully paid, the City should remove any liens on -the properties. There being no other speakers, the Mayor Pro Tem closed the public hearing. MOTION A motion was made by Council Member Somers, seconded Adopted by Council Member Cowan, and carried 4-0, to adopt Resolution 97-73 Resolution 97-73, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO FORM COMMUNITY FACILITIES DISTRICT NO. 97-1 (SUNFLOWER AVENUE UTILITY UNDERGROUNDING), AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN, AND PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT THEREFOR. MOTION A motion was made by Council Member Somers, seconded Adopted by Council Member Cowan, and carried 4-0, to adopt Resolution 97-74 Resolution 97-74, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITY DISTRICT NO. 97-1 (SUNFLOWER AVENUE UTILITY UNDERGROUNDING). MOTION A motion was made by Council Member Somers, seconded Adopted by Council Member Cowan, and carried 4-0, to adopt Resolution 97-75 Resolution 97-75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. 97-1 (SUNFLOWER AVENUE UTILITY UNDERGROUNDING). The Mayor Pro Tem announced that this was the time for the Deputy City Clerk to open the ballots and announce the results of the election. The Deputy City Clerk opened the ballot from Robert Magnuson, President, Times Mirror, Inc., 1375 Sunflower Avenue, Costa Mesa, which contained ten votes, all affirmative. The Deputy City Clerk opened the ballot from Paul Freeman, C.J. Segerstrom & Sons, 3315 Fairview Road, Costa Mesa, which contained forty-eight votes, all affirmative. JL6V 170. j The Deputy City Clerk opened the ballot from Larry Adamson, Vice .President of Administrative and Auto Services, .Interinsurance Exchange of the Automobile Club, 2601 South Figueroa Street, Los Angeles, which. contained 30 votes, all affirmative. A letter was also .submitted recommending some language changes in the "Election Waivers" that confirms the issue of the Automobile Exchange prepaying its obligations and being exempt from any maximum special tax and administrative fees. The City Attorney mentioned that the City's Bond Council indicated that the changes would not be necessary because the legal effect of the prepayment would be as indicated by the voting members; however, the City did indicate to the Automobile Exchange that they would read into the record their intent, that is, if they prepay the costs, there will be no Iiens placed on their property. Mayor Pro Tem Monahan announced that the results of the election were unanimously in favor of the levy of the special taxes, the establishment of the appropriations limit, and the incurring of bonded indebtedness, and now final actions for the District may proceed. MOTION A motion was made by Council Member Somers, seconded Adopted by Council Member Cowan, and carried 4-0, to adopt Resolution 97776 Resolution 97-76, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. COSTA MESA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION AND DIRECTING THE RECORDING- OF NOTICE OF SPECIAL TAX LIEN IN COMMUNITY. FACILITIES DISTRICT NO. 97-1 (SUNFLOWER AVENUE UTILITY UNDERGROUNDING). MOTION A motion was made by Council Member Cowan, seconded by Gave Ordinance Council Member Somers, and carried 4-0, to give first reading 97-26 First to Ordinance 97-26, AN ORDINANCE OF THE CITY COUNCIL Reading OF THE CITY OF COSTA MESA, CALIFORNIA, LEVYING SPECIAL TAXES WITHIN THE CITY OF COSTA MESA COMMUNITY FACILITIES DISTRICT NO. 97-1 (SUNFLOWER AVENUE UTILITIES UNDERGROUNDING). Second reading and adoption _: is scheduled for the Council meeting of September 2, 1997. Council Member Erickson thought it would be a good idea for staff to meet informally with property owners in the tract that Was mentioned earlier; to determine 'if there were an interest for a Community Facilities District. He mentioned that the City Manager's office is also investigating other methods of funding. i PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of Planning place set for the public hearing to consider an application Commission from Terry and Marilyn Douglass, Roger and Jennifer Decision Upholding Blanchard, and Larry and Pam Marshburn, et al., 1149 Sea Zoning Admin- Bluff Drive, Costa Mesa, appealing the Planning Commission's istrator's decision to uphold the Zoning Administrator's decision making Determination, a determination of a permitted use for Viva America/Westar Westar Nutrition Corporation, 1239 Victoria Street, in an MG zone. Environmental Determination: Exempt. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. 1 171L No communications were received. The Deputy City Manager reviewed the Agenda Report dated August 5, 1997. The following residents spoke in support of reversing the decisions of the Planning Commission and Zoning Administrator for Westar to manufacture dietary food supplements,_ vitamins, and gel caps, made from food products: Roger Blanchard, 1144 Sea Bluff Drive, Costa Mesa; Paul Abels, 1160 Gleneagles Terrace, Costa Mesa; David Noller, 1187 Gleneagles Terrace, Costa Mesa; Kim Dittmar, 1115 Valley Circle, Costa Mesa, speaking on behalf of her mother, Pam Marshburn, 2107 Valley Road, Costa Mesa; Antoinette Winders, 2087 Balmoral Place, Costa Mesa; Kerri Marshburn, 2107 Valley Road, Costa Mesa; Scott Douglass, 1149 Sea Bluff Drive, Costa Mesa; Sid Thomson, 1174 Gleneagles Terrace, Costa Mesa; Sonia Abels, 1160 Gleneagles Terrace, Costa Mesa; Marilyn Douglass, 1149 Sea Bluff Drive, Costa Mesa; Olive Maxwell, 1144 Gleneagles Terrace, Costa Mesa; Jeffrey Childs, 1139 Aviemore Terrace, Costa Mesa, representing the Marina Highlands Homeowners Association; and Terrance Douglass, 1149 Sea Bluff Drive, Costa .Mesa. Jack Rubens, 650 Town- Center Drive, Costa Mesa, Attorney representing Westar, stated that Westar is in compliance with the City's Fire Code, Building & Safety Code, and the Zoning Code, and, that when Westar began its operation at this site in 1991, the same manufacturing was being done. He stated that Westar's products do not have medicinal or therapeutic value and are not advertised as such. Mr. Rubens reported that Westar produces dietary 1 food supplements, not pharmaceuticals, and this opinion was expressed by the California Attorney General. Council Member Somers commented that Westar's scope of manufacturing has increased since 1995 as noted in their Capital Expenditures Report on page 59 of the Agenda Report. She asserted that Westar had three major Fire Code violations, as outlined on page 17 of the Agenda Report: the containment area being too small for the hazardous materials, the warehouse storage sprinkler system being below the height of the storage area; and Westar's Hazardous Materials Disclosure documents being outdated.` She conceded that the hazardous material containment area and the Hazardous Material Disclosure documents have been rectified. Frank Haselton, LSA Associates, Inc., One Park Plaza, Suite 500, Irvine, Land Use Planner retained by Westar, stated that he" conducted a general review of Westar's land use issues and a comprehensive audit of their operations, and attempted to work with City staff and the neighbors to help resolve some of the problems. He agreed with the findings of the Planning Commission and Zoning Administrator that Westar's manufacturing of dietary food supplements is a permitted use in the MG zone. He reported that after completing his audit of Westar's operations, he found that they are in complete compliance with all applicable regulations attached to the variance approved in 1992. Mr. Haselton stated that his firm conducted noise readings at Westar from 6:30 a.m. to 10:00 p.m., and the results were consistent with the findings of the 172 1 7 City's Code Enforcement officers, that is, there were no Violations of the City's noise ordinance. He also mentioned that on August 7, 1997, South . Coast Air Quality Management District (AQMD) came to inspect the site, and gave a verbal opinion that permits were not required. Council Member Cowan thought. -there was a conflict in the language on page 2, paragraph :3, line 7, and page 38, paragraph 4, of the Agenda Report. The Deputy City Manager explained that there is a fine line separating the definitions of vitamins; natural and synthetic, chemical -based, and not food_supplement based. There being no other speakers, the Mayor Pro Tem closed the public hearing. Council Member Cowan believed that a conditional use permit would be a fair process for both the residents and Westar, so that both parties could negotiate the conditions to be placed on the use of the facility. MOTION A motion was made by Council Member Cowan, seconded by Planning Council Member Erickson, reversing the decision of the Commission's Planning Commission, and directing Westar to obtain a Decision Reversed conditional use permit; and based on a recommendation from the City Attorney, added a finding that the intent of the City Council in adopting the zoning: ordinance, was that the term "manufacturing of pharmaceuticals" includes the manufacture of vitamins. Council Member Erickson stated for the record that Westar's business license from 1991 was for vitamin repackaging and whole sale distribution. He hoped that the conditions of approval .in the conditional use permit would allow Westar to stay in business at that location; however, problems, such as odors, must be addressed. Council Member Somers supported the motion because she felt that the finding will help to address the needs of the neighborhood as well as the business. The City Attorney noted that Westar is required to obtain a conditional use permit for the; new use; however, the original business being conducted can continue without a conditional use permit. The Deputy City Manager -suggested that staff work with Westar to fully define if there is any other manufacturing being conducted at the site, and if so, the City needs to make a determination that those could no longer continue without a conditional use permit. Council Member Erickson recommended that the representatives of Westar meet with the neighbors again to determine what iso required to make this successful for both the business and the residents. 1 7 s 1'73 Mayor Pro Tem Monahan opposed the motion because he did not want to place the City in a position which could not be defended. The motion carried 3-1, Mayor Pro Tem Monahan voting no. RECESS The Mayor Pro Tem declared a recess at 9:05 p.m., and reconvened the meeting at 9:15 p.m. PUBLIC HEARING The Deputy City Clerk announced' that this was the time and Source Reduction place set for' _the ''public hearing to consider a resolution and Recycling establishing a fee' pertaining to the implementation of the City Element of Costa Mesa Source Reduction and Recycling Element; and a review of fees previously established to cover administrative costs. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Service's= Director reviewed the Agenda Report dated August 11, 1997. Jim Ferryman, 1095 Tulare Drive, Costa Mesa, President of the Costa Mesa Sanitary District, reported that there are 30 cities in Orange County that franchise their commercial trash hauling. He suggested having a joint meeting between the Council and the Sanitary District Board to discuss the possibility of Costa Mesa franchising its commercial hauling. The City Manager responded that a joint meeting will be scheduled as soon as possible. There being no other speakers, the Mayor Pro Tem closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded Adopted Resolution by Council Member Somers, and carried 4-0, to adopt 97-77 Resolution 97-77, A RESOLUTION OF 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. OLD BUSINESS The Deputy City Clerk presented from the meeting of July 21, Request from Mesa 1997, a request from Mesa Verde Partners for amendments Verde Partners to to the contract for the operation of the Costa Mesa Public Amend Their Golf Course and Country Club', and information on preferred Contract starting times for residents. A communication was received from; Mesa Verde Partners asking for a two-week continuance. The Assistant to the City Manager summarized the Agenda Report dated August 11, 1997. . MOTION A motion was made by Council Member Erickson, seconded Continued to by Council Member Somers, and carried 4-0, to continue this September 2, 1997 item to the meeting of September 2, 1997. Council Member Somers felt that the information provided by Mesa Verde Partners was inadequate, and asked that they supply more background on their rental cart and driver cart surveys. She also requested that the City obtain more details on the management of the facility. 7 JL74 a OLD BUSINESS The Deputy City Clerk presented from the meeting of August 1997-98 Com- 4 1997, 1997-98 'Community Objectives. The Budget & munity Objectives Research Officer reviewed the Agenda Report dated August 7 1997. Relative to the Economic Task Force and Strategic Business Plan, Council Member Cowan asked if she would have the opportunity in the future to recommend changes which would reflect a more strategic plan than that which is now being proposed. The Budget & Research Officer responded that changes could be made at any time. MOTION/Approved On motion by Council Member Cowan, seconded by Council Revision of Three Member Somers, and carried 4-0, revision of the three Objectives objectives were approved. OLD BUSINESS The Deputy City Clerk presented from the meeting of June Status Report on 16, 1997; a status report on the Drug Awareness Resistance the DARE Education (DARE) program. The City Manager summarized Program the Agenda Report dated August 13, 1997, and requested a 30 -day continuance. i MOTION/Continued A' motion was made by Council Member .Somers, seconded to September 15, by Council Member Erickson, and carried 4-0, to continue this 1997 item to .the meeting of September 15, 1997. Council Member Cowan mentioned that the newly named Advisory Committee for Teens (ACT) is looking forward to staff presentation and discussion on the DARE program before it returns to Council in September NEW BUSINESS The Deputy City Clerk presented a resolution setting the tax Tax Rate for 1974 rate and levying a tax upon all property within the City to Open Space Bond meet the City's obligation under the 1974 Open Space Bond Issue for Fiscal Issue. The Assistant Finance Director summarized . the Year 1997-98 Agenda Report dated August 11, 1997. MOTION i O,n motion by Council Member Somers, seconded by Council Adopted Resolution Member Erickson, and carried 4-0, Resolution 97-78, was 97-78 adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE TAX RATE PER CENTUM AND LEVYING A TAX UPON ALL PROPERTY WITHIN THE CITY OF COSTA MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1.974 OPEN SPACE BOND ISSUE FOR FISCAL YEAR 1997-98. NEW BUSINESS i The Deputy City Clerk presented an ordinance adding Civil Citations and Chapters I and II to Title 1 of the Costa Mesa Municipal Code Civil Fines establishing administrative procedures for civil citations and civil fines for violations of the Costa Mesa Municipal Code, effective November 1., 1997. The City Attorney summarized his Report No. 97=46, dated July 25, 1997. MOTION A motion was made by Council Member Somers, seconded Ordinance 97-27 by Council Member Cowan, and carried 4-0, to give first Given First Reading reading to Ordinance 97-27, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTAMESA, MESA, CALIFORNIA, ADDING CHAPTERS I AND II TO TITLE 1 OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING ADMINISTRATIVE i PROCEDURES FOR CIVIL CITATIONS AND CIVIL FINES FOR VIOLATIONS OF THE COSTA MESA MUNICIPAL CODE. Council Member Cowan explained that by establishing these administrative procedures, residents are being provided with an opportunity to work with the City in resolving code violations prior to issuance of criminal citations. NEW BUSINESS The Deputy City Clerk presented a request to consider Redevelopment changing the time of the Redevelopment Agency meetings. Agency Meeting The City Manager summarized the Agenda Report dated Time Change August 13, 1997. MOTION A motion was made by Council Member Erickson, seconded Redevelopment by Council Member Somers, and carried 4-0, to keep Agency Meeting Redevelopment Agency and Council Study Session meetings Time Changed on the same day,* but have the Redevelopment Agency meet to 4:00 p.m., and at 4:00 p.m. and have the Study Session at 4:30 p.m. After Study Session at discussion, it was decided that whenever possible, Special 4:30 p.m. Joint City Council/Redevelopment Agency meetings shall be held in conjunction with the regular City Council meetings. NEW BUSINESS The Deputy City Clerk presented a request to designate a Designation of voting delegate for the annual League of California Cities Voting Delegate conference to be held in San Francisco, October. 12 through for League 14, 1997. The Assistant to the City Manager summarized Conference the Agenda Report dated August 12, 1997. MOTION A motion was made by Council Member Erickson, seconded Somers Designated by Mayor Pro Tem Monahan, and carried 4-0, designating at Voting Delegate Council Member Somers as the voting delegate at the conference. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Sections 54957 and 54957.6 to discuss for Closed Session: the following items: Request for leave of absence from Parisa Leave of Absence Roshanzamir; Negotiations with Costa Mesa Employees Request; and Association and Costa Mesa Firefighters Association. Mayor Employee Pro Tem Monahan announced that closed session would be Negotations held at the conclusion of regular business. CITY MANAGER'S The City Manager presented a resolution to place the REPORT/Deputy classification of Deputy City Attorney on the Basic Pay City Attorney Schedule. The Personnel Analyst and the Personnel Services Classification Director reviewed the Agenda Report dated August 5, 1997. Responding to a question from Council Member Cowan, the Personnel Analyst explained that the requirements for the management . position would be reduced so that this classification would be considered an entry-level position with two years of Municipal law experience, instead of four years. MOTION A motion was made by Council Member Erickson, seconded Adopted Resolution by Council Member Somers, and carried 3-1, Council Member 97-79 Cowan voting no, to adopt Resolution 97-79, A RESOLUTION OF THE 'CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING RESOLUTION NO. 96-85 BY ESTABLISHING THE CLASSIFICATION' OF DEPUTY CITY IL 75 i ATTORNEY ON THE BASIC PAY SCHEDULE, and approving the revised nonmanagement classification of Deputy City Clerk. i Council Member Cowan opposed the motion because she had s some concerns regarding overtime costs which are not budgeted. Council Member Erickson supported the motion because he liked the idea of a competitive labor market with the private ;sector and other governmental agencies. The City Attorney responded to a question .from 'Mayor Pro Tem Monahan by stating that he would like to have the proposed changes approved tonight in order to move forward with recruitment. COUNCIL Council Member Somers reported that she attended the COMMENTS League of California Cities meeting, and abandoned shopping Shopping Carts and carts are being readdressed through legislation, so that they Group Homes can be controlled at the City level. She stated that Group Homes were also discussed. Advisory Council Member Cowan announced that the newly named Committee for Advisory Committee for Teens (ACT) has already had two Teens (ACT) meetings in the month of August and are a very enthusiastic group. Softball Game Council Member Erickson reported that City officials will be in Lions Park playing against the City's youth in the Roy Alvarado Memorial softball game which is scheduled for Sunday, September 14, Recovery Center 1997, at 12:00 p.m., in Lions Park. He stated that he would at 1110 Victoria not be appealing the decision for the Recovery Center, 1110 Street Victoria Street (PA -97-36), because he agreed with the Planning Commission's decision. He noted that a condition clearly states that the Recovery Center shall not be a Work Furlough facility; however, he hoped that there will be an I way for the City to monitor the Center. ADJOURNMENT At 9:50 p.m., Mayor Pro Tem Monahan adjourned the TO CLOSED meeting to a closed session in first floor Conference Room A SESSION to discuss the items previously announced by' the City Attorney. MEETING Mayor Pro Tem Monahan reconvened the meeting at 10:00 RECONVENED p.m., and the action taken during closed session was announced. MOTION/Denied i By a vote of 4-0, the City Council denied a request for Leave Request for an eight-week leave of absence from Parisa Roshanzamir Roshanzamir. I Status Report Regarding the Costa Mesa Employees Association and Costa Given for Employee Mesa Firefighters Association, the Personnel Services Director Negotiations gave a status report and no action was taken. i i 1 ADJOURNMENT Mayor Pro Tem Monahan declared the meeting adjourned at 10:05 p.m. Mayor of the City of Cot sa ATTEST: Deputy City lerk of the City of Costa Mesa