HomeMy WebLinkAbout01/03/2000 - City CouncilREGULAR MEETING -OF THE CITY COUNCIL
CITY OF COSTA MESA
January 3, 2000
The City Council of the City of Costa Mesa, California, met in
regular session January 3, 2000, 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 Monahan, and invocation
by the Reverend Bill Gartner, Harbor Christian Fellowship.
ROLL CALL Council Members Present: Mayor Gary Monahan
Mayor Pro Tem Libby Cowan
Council Member Joe Erickson
Council Member Heather Somers
Council Member Linda Dixon
Council Members Absent: None
Officials Present: City Manager Allan Roeder
City Attorney Jerry Scheer
Development Services Director
Donald Lamm
Public Services Director William
Morris
Assistant to the City Manager
Ann Shultz
Management Analyst Carol
Proctor
Deputy City Clerk Mary Elliott
MINUTES On motion by Council Member Erickson, seconded by Council
December 20, 1999 Member Somers, and carried 5-0, the minutes of the regular
meeting of December 20, 1999, were approved as distributed.
ORDINANCES AND A motion was made by Council Member Erickson, seconded by
RESOLUTIONS Council Member Somers, and carried 5-0, to read all ordinances
and resolutions by title only.
ORAL COMMUNI- Mildred Nicholson, 2063 Republic Avenue, Costa Mesa,
CATIONS/Sale of objected to the sale of fireworks for the millennium celebration,
Millenium Fireworks and stated that the Costa Mesa Police and Fire Departments had
recommended against this action. She reported that the
festivities, including the fireworks, continued until early in the
morning of January 1, 2000, which violated the 12:30 a.m.
West Side Specific curfew. Ms. Nicholson felt that west side residents should be
Plan allowed sufficient input into decisions being made regarding
their neighborhood. Mayor Monahan responded that when the
draft for the West Side Specific Plan is completed by the
consultant, residents will have the opportunity to comment at
Planning Commission and City Council meetings.
Donald Nicholson, 2063 Republic Avenue, Costa Mesa,
supported the above comments on fireworks, and noted that he
had called the Police Department several times during the early
morning of January 1, 2000, regarding their illegal use.
Santa Ana Heights Russ Niewiarowski, 20102 (Cline Drive, Santa Ana Heights, read
Annexation a letterregarding the proposed Santa Ana Heights annexation to
Costa Mesa, and provided a copy for Council. He concluded
that the plans should be abandoned by Costa Mesa, and
supported annexation to the City of Newport Beach, who has
P, roved to be financially able to service the Heights area
pItoperly. He stated that continued efforts by Costa Mesa to
annex the Heights area will be protested.
Robert Hanley, 1601 Indus Street, Santa Ana -Heights, stated
that a copy of the: petition submitted 'to the Local Agency
Formation Commission (LAFCO) had been given to the City, and
asked that Costa Mesa release the Heights from its sphere of
influence.
Millard Comment Martin Millard, 2973 Harbor Boulevard, Costa Mesa, criticized
Costa Mesa for becoming a "lump of coal", reporting that there
are presently more persons of poverty level than in previous
vears.
Feeney Questions Ernie Feeney, 1154 Dorset Lane, Costa Mesa, indicated that
City staff had recently prepared an extensive report on group
homes and other facilities, identifying a satellite jail facility in
the Mesa North neighborhood. She stated that the intent was
to close this facility as it is an illegal operation, and asked if this
had occurred. The Development Services Director replied that
he would research the issue and keep her advised of new
developments regarding the facility. Mrs. Feeney requested a
copy of the staff report requested by Mayor Pro Tem Cowan on
the "Fillmore Way slum", and asked the status of the graffiti
removal machine.: - The Public Services Director reviewed
problems incurred : while attempting to obtain information from
the one company that manufactures the graffiti removal
machine, and reported that staff is currently researching
alternate methods.
"Fillmore Way John Feeney, 1154 Dorset Lane, -Costa Mesa, addressed his
Slum" comments to the "Fillmore Way slum", observing that the
majority of the residents on that street are decent, hardworking
citizens who should not be forced to exist in such dire
conditions. He showed a picture of graffiti in the Fillmore Way
alley, and commented that the number of gangs in the City has
increased.
Illegally Parked Cars Edward Carmona, 752 Center Street, Costa Mesa, reported that
his neighbor at 757 Center Street parks two sports utility
vehicles, a car, acid 'a flatbed trailer on the cemented -over area
in front of the house. In addition; he stated that a 30 -foot
recreational vehicle is parked at the curb. Mr. Carmona
observed that residents in the neighborhood were striving to
improve their properties, and the neighbor with the vehicles is a
detriment to the newly refurbished area.
Low -Cost Financing Rory Hughes, 2013 Republic Avenue, Costa Mesa, owner of
for Homes two houses in the Freedom Home tract on the west side of
Costa Mesa, reported that he is the owner of a mortgage
banking firm in the City which provides low-cost financing for
the acquisition of homes and home improvement loans. He
indicated that his firm employs over 60 percent Hispanic, 10
percent Vietnamese, and 7 percent black.
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Upgrading Costa Robert Graham, 3260 Dakota Avenue, Costa Mesa, suggested
Mesa making Costa Mesa an upscale coastal community like Laguna
Beach, Dana Point, and Huntington Beach.
CONSENT The following item was removed from the Consent Calendar:
CALENDAR Item No. 13, Agreement with Arroyo Associates, Inc., to
provide a needs assessment of library services for the City.
MOTION/Approved On motion by Council Member Erickson, seconded by Council
Except Item No. 13 Member Dixon, and carried 5-0, the remaining Consent Calendar
items were approved as recommended.
WRITTEN COMMU-
NICATIONS/ Resolution 00-1 was adopted: A RESOLUTION OF THE CITY
Adopted Resolution COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
00-1, Records AUTHORIZING RECORDS DESTRUCTION FOR THE CITY
Destruction for City CLERK'S OFFICE OF THE CITY OF COSTA MESA, PURSUANT
Clerk TO ORDINANCE 75-60.
READING FOLDER The following Reading Folder items were received and
processed:
Claim Claim received by the Deputy City Clerk: Theodore Walter
Reynolds.
Public Utilities Communication from M & A International Group, LLC, 9800
Commission South Sepulveda Boulevard, Suite 208, Los Angeles,
advising that it has filed an application with the Public
Utilities Commission for authority to operate an on-call, door-
to-door passenger stage between various airports, Amtrak
train stations, and other points of interest in Southern
California.
WARRANTS The following warrants were approved:
Approved Warrant Warrant Resolution 1777, funding City operating expenses
1777 for $369,105.80.
Approved Warrant Warrant Resolution 1778, funding Payroll 926 for
1778/Payroll 926 $1,648,302.26, and City operating expenses for
$750,987.43, including payroll deductions.
ADMINISTRATIVE Street improvements at the intersection of 17th Street and Irvine
ACTIONS/Accepted Avenue were completed to the satisfaction of the Public
Work at 17th and Services Director by Delta Environmental Consultants, 27141
Irvine by Delta En- Aliso Creek Road, Suite 270, Aliso Viejo, in connection with
vironmental, EP No. Encroachment Permit No. PS99-0607. The work was accepted,
PS99-00607 and authorization was given to refund the $6,690.00 cash
deposit.
Accepted Work on Street ''improvements on Anton Boulevard, Bristol Street,
Anton, Bristol, Sun- Sunflower Avenue, and Main Street were completed to the
flower, and Main by satisfaction of the Public Services Director by Nielsen Dillingham
Nielsen Dillingham, Builders, Inc., 5101 East La Palma Avenue, Anaheim, in
EP No. 14969 connection with Encroachment Permit No. 14969. The work
was accepted, and the bonds were ordered exonerated.
Accepted Work at
Street improvements at 1901 and 1903 Raymond Avenue were
1901/1903
completed to the satisfaction of the Public Services Director by
Raymond by JMS
JMS Raymond Street, LLC, Post Office Box 10757, Costa
Raymond Street, EP
Mesa, in connection with Encroachment Permit Nos. -PS99-
Nos. PS99-00319
60319 and PS99-00356 (S-98-225). The work was accepted,
and PS99-00356
nd the bonds were ordered exonerated.
Accepted Work on
Street improvements on Wilson Street, between Orange and
Wilson by Emil
Elden Avenues, were completed to the satisfaction of the Public
Vossilev, Encroach-
Services Director by Emil Vossilev, in care of Bobby E.
ment Permit No.
Alexander, 3126 Evelyn Street, La Cresenta, in connection with
PS99-00481 (PA-
Encroachment Permit No. PS99-00481 (PA -97-01A). The work
97-01 A)
was accepted, and authorization was given to release the
ments and Fifth
527,000.00 Certificate of Deposit.
Awarded Bid Item
Bids received for Bid Item No. 1039, three-year contract for
No. 1039, Annual
Annual Pest Control (Herbicides) Maintenance, are on file in the
Pest Control, to Dr.
City Clerk's office. The contract was awarded to Dr. Grow
Grow Landscape
Landscape Pest Control, 3310 Yorba Linda Boulevard, Suite
11851 Fullerton, for an annual amount not to exceed
$33,639.60.
Approved Renewal
Renewal was approved of the agreement with PeopleSoft USA,
of PeopleSoft
Inc., Department CH10699, Palatine, Illinois, for an annual
Agreement for
amount of $109,128.53, effective March 19, 2000, through
Technical Support
March 18, 2001, for continued technical support.
Adopted Resolution
Resolution 00-2 was adopted: A RESOLUTION OF THE CITY
00-2, Groundwater
COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
Replenishment
SUPPORTING THE GROUNDWATER REPLENISHMENT SYSTEM
System for County
FOR THE COUNTY OF ORANGE, and supporting the efforts of
of Orange
the Orange County Water District and the Orange County
Sanitation District to identify and develop alternative sources for
safe, reliable water supplies for Orange County.
Approved Increase
An increase of $10,000.00 was approved to the contract with
to Thomas Staffing
Thomas Staffing, Post Office Box 19578, Irvine, to provide
Contract; Approved
temporary personnel services; and Budget Adjustment No. 00-
Adjustment 00-52
52 was approved for $10,000.00.
Approved Contract
A three-year contract was approved -with Evercom, Inc., 10101
With Evercom to
Linn Station Road, Suite 900, Louisville, Kentucky, to continue
Provide Inmate Tele-
to provide inmate telephone services in the jail facility, and the
phone Services
Mayor and Deputy City Clerk were. authorized to sign on behalf
of the City.
Approved Right -of-
Right-of-way agreements were approved with AGL Investments,
Way Agreements
No. 5 Limited Partnership, 1050 171h Street, Suite 1200,
With AGL Invest-
Denver, Colorado, the lease holder of 555 Anton Boulevard, and
ments and Fifth
with Fifth Street' Properties, LLC, in care of Commonwealth
Street Properties for
Partnership Capital Management LLC, 633 West Fifth Street,
555 Anton/Two
72"d Floor, Los Angeles, owners of Two Town Center; and the
Town Center
Mayor and Deputy City Clerk were authorized to sign on behalf
of the City.
Agreement with Item 13 on the 'Consent Calendar was presented: Agreement
Arroyo Associates with Arroyo Associates, Inc., 3871 East Colorado Boulevard,
for Library Needs Suite 101, Pasadena, in the amount of $29,470.00, to provide
Assessment a needs assessment of library services for the City of Costa
Mesa. A communication was received from Tom Egan, member
of the Library Needs Assessment Committee. Tom Egan, 1893
Parkview Circle, Costa Mesa, supported the selection of Arroyo
Associates, Inc., to provide a needs assessment of library
MOTION/Approved services.. On motion by Council Member Erickson, seconded by
Agreement Mayor Pro Tem Cowan, and carried 5-0, the agreement was
approved, and the Mayor and Deputy City Clerk were
authorized to sign on behalf of the City.
PUBLIC HEARING
The Deputy City Clerk announced that this was the time and
BIA Assessment
place set for the public hearing to consider an ordinance
Increase
increasing the annual Business Improvement Area (BIA)
assessment levied on the City's seven largest hotels from one
percent to two percent. The Affidavit of Publication is on file in
the City Clerk's office. The members of the BIA were notified
of the public hearing. No communications were received. The
Assistant to the City Manager summarized the Agenda Report
dated December 14;=. 1999.
MOTION
A motion was made by Mayor Pro Tem Cowan, seconded by
Ordinance 00-1
Council Member Somers, and carried 5-0, to give Ordinance 00 -
Given First Reading
1 first reading: AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, INCREASING THE
ANNUAL BUSINESS IMPROVEMENT AREA ASSESSMENT
LEVIED ON THE CITY'S SEVEN LARGEST HOTELS. Second
reading and adoption are scheduled for the meeting of January
17, 2000.
NEW BUSINESS The Deputy City Clerk presented the Committee Formation
Cultural Arts and Application for a Cultural Arts and Historical Resources
Historical Resources Committee. The Management Analyst reviewed the Agenda
Committee Report dated December 20, 1999.
Motion to Approve A motion was made by Council Member Somers, seconded by
Committee Died Council Member Dixon, to approve the committee formation,
directing staff to recruit for committee members, and appointing
Council Members Somers and Dixon as committee liaisons.
Council Member Dixon stated that the Agenda Report suggested
that the committee be comprised of 15 members from specific
areas of the community. She suggested that the membership
be open to all residents and persons working in the City.
Council Member Somers opposed the open membership
concept, and Council Member Dixon withdrew her second.
MOTION/Gave A motion was made by Council Member Dixon, seconded by
Directions to Staff Mayor Pro Tem Cowan, to appoint Council Members Dixon and
Somers as liaisons to the Cultural Arts and Historical Resources
Committee, and directing staff to recruit 15 interested persons
from the community as committee members.
AMENDED MOTION Mayor Pro Tem Cowan suggested appointing the Recreation
Appointed Staff Manager as staff liaison to the committee. The maker of the
Liaison motion concurred, and the above was added to the motion.
Council Member Erickson commented that the previous arts
committee at times lacked the proper discretion in distributing
funds, in one instance funding an offensive play at the Costa
Mesa Civic Playhouse. He asked, that the new committee
display more sensitivity to persons in the community.
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Mayor Monahan concurred with Council Member Erickson in
wishing the committee success, but opposed a 15 -member
committee. He commented that the staff presentation and
comments by Council Member Somers indicated that three
Council Members had agreed upon the structure of the
committee as presented in the staff report, and questioned a
possible Brown Act violation.
Mayor Pro Tem Cowan denied a Brown Act violation, stating
that she had been given, as an individual, an opportunity to
review some recommendations from the Management Analyst
and did not discuss them with either Council Member Dixon nor
Council Member Somers at any time. Council Member Somers
concurred that the Brown Act was not violated, as each Council
Member was acting individually. Council Member Dixon
assured Council Member Erickson that his previous comments
would be taken into consideration, and the committee will
present an opportunity to offer art to the residents of Costa
Mesa.
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The City Attorney was of the opinion that there was no
apparent violation of the Brown Act.
The motion carried -4-1, Mayor Monahan voting no.
NEW BUSINESS The Deputy City 'Clerk presented issues relating to Council
Council Appointed appointed committees (Council Policy 000-2). The Assistant to
Committees the City Manager summarized the Agenda Report dated
(Council Policy December 15, 1999.
000-2)
Robert Graham, 3260 Dakota Avenue, Costa Mesa, observed
that one of the City committees has not had a rotation of its
members in some time, and suggested that a term limit or
requirement for rotation be instituted to afford others an
opportunity to serve.
MOTION/Approved A motion was made by Mayor Pro Tem Cowan, seconded. by
Staff Recommen- Ciouncil Member Erickson, and carried 5-0, to approve the seven
dations staff recommendations regarding Council appointed committees
as contained in the Agenda Report dated December 15, 1999.
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NEW BUSINESS The Deputy City Clerk presented the Santa Ana River Crossings
SARX Study Update (SARX) Study update, Community Objective 98-134; West Side
West Side Specific Specific Plan Status Report No. 13, Community Objective 98 -
Plan Report No. 13 0i1:
Report from the Latino Community Advisors Group
Report from the University of California at Irvine (UCI) School
of Social Ecology graduate class case study regarding west
side demographics.
The Public Services Director reviewed the Agenda Report dated
December 15, 1999, reporting that the new traffic model based
on the socioeconomic figures has been completed, and the data
has been forward to the cities for review.
Robert Graham, 3260 Dakota Avenue, Costa Mesa, stated that
the SARX Study addresses the issue of whether it is less
expensive to construct the 19th Street bridge or to widen
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Victoria Street, Adams Avenue, and Pacific Coast Highway.
Mayor Pro Tem Cowan responded that the SARX Study
addresses the alternatives of a build/no-build option for the 19th
Street bridge and the Gisler Street bridge, and Victoria Street is
not covered in this study.
Rory Hughes, 2013 Republic Avenue, Costa Mesa, reported
that the traffic on Victoria Street backs up from Hamilton and
Brookhurst Streets in Huntington Beach to Newport Boulevard
in Costa Mesa from 7:30 a.m. to 9:00 a.m., and the reverse in
the evening. He supported construction of the 19th Street
bridge to assist in the movement of traffic.
Michael Vorhees, owner of a building at 866 West 16' Street,
Costa Mesa, commented that the commute from Newport
Beach, via Superior Avenue, is deadlocked during the summer
months and rush -'-:hours.. He asked why the City opposed
construction of the 19th Street bridge. Council Member Somers
replied that the original reasons for opposing the bridge was
because it would bisect several residential communities. She
stated that Mr. Graham touted the 19th Street bridge as the
solution to traffic problems but neglected to mention that a
bridge at Gisler Street, which is near Mr. Graham's residence, is
also an option.
The Development Services Director reviewed the Agenda Report
dated December 28, 1999, regarding the West Side Specific
Plan. He reported that release of the draft report has been
delayed 30 days pending the presentation by the Latino
community advisors and the UCI students. He added that the
document is scheduled for presentation at the Council study
session of February 14, 2000. Mayor Monahan stated that
there will be several opportunities for public input.
Mayor Pro Tem Cowan reported on her work with the Latino
Community Advisors Group and their involvement in the west
side study.
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Kristen Day, professor in the Department of Urban and Regional
Planning, UCI, reported that several. master students in urban
planning spent the fall examining two questions posed by the
City and the west side community: create a social profile of the
west side which would provide more information to the .City on
the nature of the current resident, business, and, community
organization population who make up the west side, and how
the specific plan addresses their needs now and in the future;
and analyze some successful, local, multi -cultural commercial
centers for guidance in planning west side commercial districts.
She summarized the findings by stating that the west side is
undergoing a dramatic transformation into a strong, Latino
community, with Latinos soon to be in the majority. Ms. Day
indicated that the students analyzed -Fourth Street in Santa Ana
and Pacific Boulevard in Huntington Park, with the objective of
using these sites as models for the west side. She reported
that both areas are extremely successful in harnessing the
economic potential of the Latino community, noting that time .is
the key element for success. She provided a copy of the report
for Council.
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Maria Elena Avila, representing the Latino Community Advisors
Group, stated that she is proud of their community and thanked
Council for allowing them to be a part of the governmental
process.
Mirna Burciaga, 1778 New Hampshire Drive, Costa Mesa,
President of Madres Costa Mesa and member of the Latino
Community Advisors Group, reported that more than 500
families and business people participated in living room
dialogues to discuss the West Side Specific Plan, several
community meetings were held in locations such as St. Joachim
Catholic Church, Rea Community Center, and the Senior Center,
and the Specific Plan emerged from these activities. She stated
that the focus of the plan should be on the people who live,
work, and own businesses on the west side.
Manfredo Respier, 1127 Charleston Street, Costa Mesa,
President of the Latino Business Council, and Chairman of the
Latino Community Advisors Group, stated that the West Side
Specific Plan should make a commitment to affordable, quality
housing, addressing the needs of all neighborhoods and
in persons who reside in apartments and in multi -tenant
housing. He suggested that the City relax density restrictions
to encourage landlords to improve their rental properties, and
recommended that the City form a task force, which includes
Latino representatives, to study the affordable housing issue.
Mr. Respier addressed employment by stating that the draft
version of the Plan incorporates changes that would displace or
negatively impact existing west side businesses. He
recommended maintaining existing businesses and the
employment center on the west side.
Laura Avella, 1995 Pomona Avenue, No. M, Costa Mesa,
member of the ;Orange County Congregation Community
Organization, mentioned potential offensive behavior and
criminal activity on 19th Street near Pomona Avenue. She
recommended restricting the sale of liquor in stores and bars;
and improving street lighting to assure safety and security on
the west side.
Roberto Torres, 675 Beach Street, Costa Mesa, member of the
Latino Community, Advisory Group, reported that residents of
the west side showed an interest in having more parks with
playground areas and after-school activity centers, especially in
the neighborhoods with multiple apartment complexes.
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Maria Elena Avila stressed the need for a vision of the long-term
potential of the west side in terms of harnessing the economic
spendable income: She asked that the Latino community be
included in the process as the commercial plan is being
developed. She, encouraged developing creative ways to
implement improvements, such as facade upgrades, and
suggested that Council affirm the process which has begun
including the hiring of a community liaison.
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Maria Elena Garcia, 809 Congress Street, Costa Mesa, a former
Immigration and Naturalization Service agent and a real estate
agent, stated that west side Costa Mesa residents are loyal to
the City.
Rory Hughes, 2013 Republic Avenue, Costa Mesa, suggested
assisting Latinos to become bilingual. He observed that the
Latinos working in his company are bilingual, have a good
education, are trained in the field, and the average income is
over $36,000.00 per year.
Robert Graham, 3260 Dakota Avenue, Costa Mesa, stated that
the 19th Street bridge had not been. mentioned in the meetings
held to discuss the West Side Specific Plan. He provided a
photograph of 19th Street, and mentioned that the street will
continue to be isolated unless the bridge is built.
John Feeney, 1154 Dorset Lane, Costa Mesa, commented that
housing is currently affordable if a person earns enough money,
and observed that some employers in the City choose to exploit
their employees by, paying poverty -level wages. He suggested
that the Council consider a family living -wage ordinance.
Patty Madueno, 1981 Wallace Avenue, No. C101, Costa Mesa,
a member of the Orange County Congregation Community
Organization, and apartment manager for Costa Mesa Family
Village, an affordable housing complex for 72 families, thanked
Council for their support.
Martin Millard, 2973 Harbor Boulevard, Costa Mesa, a
commercial real estate agent, commented that Costa Mesa is
basically an ocean -oriented community, and opposed artificially
keeping property values down by building affordable housing.
He objected to subsidizing persons to live in Costa Mesa.
Frank Gutierrez, business owner of property on 19th Street and
Placentia Avenue, a Santa Ana resident, supported the study
stating that it would be a positive influence on the Latino
community and a viable commercial project employing the best
of two cultures.
Mayor Pro Tem Cowan thanked the graduate students at UCI
for their efforts and the Latino Community Advisors Group for
their hard work. She explained the criteria for affordable
housing, and asked those in attendance to return durirmg the
public hearing process.
MOTION/Received A motion was made by Mayor Pro Tem Cowan, seconded by
And Filed Council Member Dixon, and carried 5-0, to receive and file the
reports.
CITY MANAGER'S The City Manager reported that the agreement approved at the
REPORT meeting of December 20, 1999, relative to future controls on
Pacific Amphitheatre the Pacific Amphitheatre, has been agreed upon by all parties,
Agreement but not yet fully executed.
New Year's The City Manager commended staff for the hard work and
Celebration preparation for the New Year 2000 celebrations.
COUNCIL Council Member Somers thanked staff for the aforementioned
COMMENTS preparation for the New Year, and thanked community members
New Year for making the holiday safe and sane.
West Side Specific
Plan/General Plan
Council Objectives
Graffiti Removal
ADJOURNMENT
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Council Member Erickson recommended using some
suggestions in a booklet, the "Core City in the New Economy",
and thought it could be applicable to the West Side Specific
Plan, as well as the City's General Plan. He asked when
Council objectives would be discussed, and the City Manager
responded that the objectives are on the agenda for the study
session of January 10, 2000, along with the mid -year budget
review and net revenue.
Mayor Pro Tem Cowan stated that other cities have outside
contracts for graffiti removal, and asked for comments on that
option. She stated that outside contractors should have the
ability to match paint which would negate the need for a graffiti
removal machine.
The Mayor declared the meeting adjourned at 8:25 p.m.
Mayor oft a City of Costa Mesa
ATTEST:
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Deputy ty.Clerk of the City of Costa Mesa
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