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HomeMy WebLinkAbout05/19/1997 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA MAY 19, 1997 The City Council of the City of Costa Mesa, California, met in regular session May 19, 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, followed by a Flag Ceremony presented by the Costa Mesa Fire Department Color Guard and the Pledge of Allegiance to the Flag was led by Council Member Somers. The invocation was given by Father Jerome Henson, St. John the Baptist Catholic Church. Color Guard Mayor Buffa introduced the Costa Mesa Fire Department Introduction Color Guard: Battalion Chief Jim,Ellis, Captain Jack Schuitt, Fire Fighter Robert Gagne, Fire Fighter Bruce Pulgencio, and volunteer trumpeter Fred McDowell. ROLL CALL Council Members Present: Mayor Peter Buffa Mayor Pro Tem Gary Monahan Council Member Joe Erickson Council Member Libby Cowan Council Member Heather Somers 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 Redevelopment and Housing Manager Muriel Ullman Assistant to the City Manager Ann Gyben Management Analyst Irma Hernandez Police Lieutenant Alan Kent Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council April 14 and Member Cowan, and carried 5-0, the minutes of the special May 5, 1997 joint Council/Redevelopment Agency meeting of April 14, 1997; special Council meeting of April 14, 1997; and regular Council meeting of May 5, 1997, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Cowan, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Robert Graham, 3252 Dakota Street, Costa Mesa, was CATIONS/Fairview concerned about giving additional public park space to the Park Space Costa Mesa Golf Course and showed a site plan of the proposed train relocation at Fairview Park. He suggested giving the citizens of Costa Mesa an opportunity to vote on a bond issue on all park property. Mayor Buffa explained that the proposal is a preliminary concept that will be discussed in two weeks. Code Enforcement Dorothy Adams, 220 Amherst Road, Costa Mesa, felt that Officers additional Code Enforcement Officers and Police Officers were needed to enforce the City's new Zoning Code ordinance. Council Member Somers stated that the City is looking into cross -training of Code Enforcement Officers in order to I rovide more coverage. CONSENT The following items were removed from the Consent CALENDAR Calendar: Item No. 1; second item on the Reading Folder, Alcoholic Beverage Licenses; and Item No. 6, Agreement with Robert Bein, William Frost & Associates, for design services for Sunflower Avenue Rehabilitation, Median Improvement, and Widening Project from Bear Street to Harbor Boulevard. MOTION On motion by Council Member Erickson,, seconded by Council Approved Except Member Cowan, and carried 5-0, the remaining Consent Items 1 and 6 Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: State Farm Insurance as subrogee for Amelia Dauber; John Susman; and Steve Van Wagoner. Public Utilities Notice from Southern California Edison Company that it Commission filed Application No. 97-05-004 with the Public. Utilities Commission for approval of demandside management shareholder incentives for 1996 program year accomplishments and the second installment of shareholder incentives. WARRANTS Approved Warrant 1650/ Payroll 9709 REJECTED CLAIM Sheehan ADMINISTRATIVE ACTIONS/Accepted Work by Bopark Enterprises for Citywide ADA Improvements, Project No. 95-15 Notice from Pacific Coast Sightseeing Tours and Charters that it has filed an application with the Public Utilities Commission to provide passenger stage service between the cities of Anaheim, Buena Park, Fullerton, Garden Grove, and Orange, and extending to San Clemente over specified highways. Warrant Resolution 1650, funding City operating expenses in the amount of $2,053,141.49; and Payroll 9709 for 01,386,452.72, were approved. The claim from Michael Sheehan (alleged violation of civil rights by Police Department) was rejected. I Citywide Americans with Disabilities Act (ADA) Improve- ments, Project No. 95-15, were completed to the satisfaction of the Public Services Director on April 18, 1997, by Bopark Enterprises, Inc:, 4571 Warner Avenue, No. 102, Huntington Beach. 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 hereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Awarded Mesa Bids received for Mesa Verde Storm Drain Repair, Verde Storm Drain Project No. 97-04, are on file in the City Clerk's office. The Repair, Project No. contract was awarded to Seven C's Construction, Inc., 97-04, to Seven 34101 Violet Lantern Street, Dana Point, for C's Construction $52,023.00. Approved Agree- An agreement was approved with Black & Veatch, 800 ment with Black & Wilshire Boulevard, Suite 600, Los Angeles, for $269,518.00, Veatch for Seismic for design services to seismically retrofit three City facilities; Retrofit Design and the Mayor and Deputy City Clerk were authorized to sign Services on behalf of the City. Approved Agree- An agreement :was approved with Kimley-Horn and ment with Kimley- Associates, Inc., 2100 West Orangewood Avenue, Suite 140, Horn for Engineer- Orange, for $200,090.00, to provide engineering services for ing Services; and 17th Street Transportation Systems Management Projects, Budget Adjustment from Superior Avenue to Irvine Avenue, and the Mayor and No. 97-60 Deputy City Clerk were authorized to sign on behalf of the City; and Budget Adjustment No. 97-60 for $144,320.00 was approved. Alcoholic Beverage Item No. 1 on the Consent Calendar, second item on the Licenses (ABC) Reading Folder was presented: A request from Nanban Express for a person-to-person transfer of a Type 41 Alcoholic Beverage License (on -sale beer and wine) at 270 South Bristol Street, Suite 108; a request from Owik Korner for an amended (dropping partner) Type 21 Alcoholic Beverage License (off -sale general) at 612 Baker Street; a request from Shore House Cafe for an original Type 41 Alcoholic Beverage License (on -sale beer and wine) at 263 East 17th Street; a request from Thrifty Oil Company for a person-to-person transfer of a Type 21 Alcoholic Beverage License (off -sale general) at 751 Baker Street; a request from Vons Companies, Inc., for an original Type 21 Alcoholic Beverage License (off -sale general) at 183 East 17th Street; and a request from Vons Companies, Inc., for an original Type 21 Alcoholic Beverage License (off -sale general) at 2975 Harbor Boulevard. Council Member Somers wanted the residents of Costa Mesa to be made aware of the numerous ABC application requests that are being applied for and MOTION granted in the City. On motion by Mayor Pro Tem Monahan, Received and Pro- seconded by Council Member Erickson, and carried 5-0, the cessed ABC Alcoholic Beverage License (ABC) requests were received and License Requests processed. Agreement with Item No. 6 on the Consent .,Calendar was presented: An Bein & Frost to agreement with Robert Bein, William Frost & Associates, Design Sunflower 14725 Alton Parkway, Irvine, for $133,115.00; to design Avenue Improve- Sunflower Avenue rehabilitation, median improvements, and ments widening project from Bear Street to Harbor Boulevard. Mayor Buffa stated that he would be abstaining from this item. On motion by Council Member Cowan, seconded by MOTION Council Member Somers, and carried 4-0, Mayor Buffa Approved Agree- abstaining, the agreement was approved, and the Mayor and ment Deputy City Clerk were authorized to sign on behalf of the City. •Dt PUBLIC HEARING The Deputy City Clerk announced the public hearing, Council Review of continued from the Meeting of April 21, 1997, to consider a Bounce Underage request from Mayor Pro Tem Monahan for Council Review of Nightclub Using the Parks, Recreation Facilities and Parkways Commission Neighborhood action on March 26, 1997, regarding use of the Community Center Neighborhood Community Center by Bounce Underage Nightclub. The Community Services Director summarized the Agenda Report dated May 7, 1997. The Police Lieutenant stated that Page 3 of the Agenda Report contained a letter from Costa Mesa Police Officer Tim Starn outling his conversations with Irvine Police Department officers Lieutenant Tom Hume and Sergeant Jeff Noble regarding service calls for Club Bounce when they operated in Irvine. He noted that the incidents included minors drinking alcohol in the parking lot, gang members loitering in the area, and excessive littering, including trash and broken bottles. The Police Lieutenant indicated that he received a signed statement from Patrick Weston who was employed by Club Bounce as a security officer and was injured in a fight at the Neighborhood Community Center on February 19, 1997. He reported that a signed statement from Sean Hypock, an outside security guard for Club Bounce, was received indicating that a shooting incident had occurred at the "Players Club" in Irvine on February 12, 1993, and security personnel were not allowed to contact the Police Department. He concluded by stating that he received a letter from James Nowlin, owner of Casitas Security, on May 17, 1997, stating that Club Bounce attracts violent crowds, usually gang members from Los Angeles. Council Member Cowan asked if the Police Lieutenant had documentation proving that Club Bounce was under contract with "Players Club" when the shooting incident occurred in 1993. The Police Lieutenant responded that he did not have anything in writing. Responding to a question from Council Member Somers, Sean Hypock, 14362 Bushard Street, Space No. 5, Westminister, stated that he has spoken to police officers in the cities of Westminster and Irvine who stated that Club Bounce is not allowed to hold their events in those cities. James Nowlin, owner of Casitas Security, Post Office Box 5397, Huntington Beach, contended that Club Bounce was under contract with "Players Club" on the evening of February 12, 1993, when the shooting incident occurred. He noted that customers from 12 years to 30 years old attend Club Bounce events and black and Mexican gang members from Los Angeles also attend. Tamina Coleman, 955 Paularino Avenue, Costa Mesa, 15 - year -old student from Costa Mesa High School, presented Council with a petition containing 123 signatures from students who would like Club Bounce events to continue at the Neighborhood Community Center. She said that she is a regular at Club Bounce events, the dress code is very restricted and the security guards are capable of handling any situation that may arise. Dorothy Adams, 220 Amherst Road, Costa Mesa, felt that Club Bounce should not be allowed to continue holding their events in Costa Mesa due to their reputation in other cities. Chris Curto, Post Office Box 51613, Irvine, co-owner of Bounce Underage Nightclub, explained that they have been good tenants at all the locations. He commented on a letter from Marc Mushkin, Director of Catering, EI Torito Restaurant, Inc., stating that he had an opportunity to work with Club Bounce at the "Players Club" in Irvine, and reported that the dances were well organized and problem free. Mr. Curto advised that they started using the "Players" facility in 1995. He denied allegations made by Mr. Nowlin that Club Bounce events were over crowded. Kris Plourde, Post,,. _.Office Box 51613, Irvine, co-owner of Bounce Underage Nightclub, explained that they stopped using Casitas Security due to numerous complaints received from patrons and their parents on the Security guards use of racial remarks. In response to Council Member Cowan's questions, Mr. Curto reported that high school students are the usual attendees at their events, and the Club does not require high school identification. Mr. Plourde stated that it would be an inconvenience for staff to check for a. high school identification. There being no other speakers, the Mayor closed the public hearing. MOTION/Denied A motion was made by Mayor Pro Tem Monahan, seconded Any Future Events by Council Member Somers, and carried 5-0, to deny Club By Bounce Under- Bounce any further activities at the Neighborhood Community age Nightclub at Center, with the finding that the use of the Neighborhood Neighborhood Community Center by Bounce Underage Nightclub is a threat Community Center to the public health, safety, and welfare of the community. Mayor Pro Tem Monahan felt that the additional information that has been given confirms his opinion that Club Bounce brings problems into Costa Mesa. Council Member Cowan stated that she would support the motion because she felt that the response regarding high school identification was inadequate. Council Member Erickson supported the motion and reported that La Cueva, a local group in the City, provides well - organized and safe dances for teenagers at the Downtown Community Center. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Rezone Petition place set for the public hearing to consider Rezone Petition R-97-03 R-97-03, to prezone areas proposed to be annexed into the City of Costa Mesa as follows: 20382 Newport Boulevard (Santa Ana Country Club) from Orange County A-1 and C-2 zoning to Costa Mesa I & R (Institutional and Recreational), and FP -2 Overlay zoning; property located between 1072 and 1206 Bristol Street from Orange County C-1 and C-2 zoning to Costa Mesa C2 and C1 zoning; and property located at r_%T_%1 •% 1512 Bristol Street and 20032 Santa Ana Avenue from Orange County Specific Plan General Commercial to Costa Mesa C2 zoning. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager reviewed the Agenda Report dated May 2, 1997, and showed an overhead transparency of the proposed areas being annexed. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Somers, seconded Ordinance 97-14 by Mayor Pro Tem Monahan, and carried 5-0, to give first Given First Reading reading to Ordinance 97-14, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PREZONING THE SANTA ANA COUNTRY CLUB AND SEVERAL COMMERCIAL COUNTY AREAS ON BRISTOL STREET BY ADOPTION OF REZONE PETITION R-97-03. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Rezone Petition place set for the public hearing to consider Rezone Petition R-97-04, Olympic 11-97-04, to prezone Annexation Area No. 97-02 (Olympic Avenue and Avenue and portions of the 1-405 Freeway right-of-way) Portions of the proposed for annexation into the City of Costa Mesa: 1-405 Freeway proposed rezoning includes replacing Orange County R-1 Right -of -Way zoning with Costa Mesa R1 zoning for property at 13651, 13661, 13671, 13681, 13691, 13701, 13711, 13721, 1.3731, 13741, 13751, 13771, 13781, 13791, and 13801. Olympic Avenue and also includes elimination of Orange County A-1 and M-1 zoning on property located within the 17405 Freeway right-of-way and an adjacent easement. Environmental Determination: Exempt. The Affidavit of Publication is on file in the City Clerk's office. No communi- cations were received. The Deputy City Manager reviewed the Agenda Report dated May 2, 1997, and showed an overhead transparency of the proposed areas being annexed. There being no speakers, the Mayor closed the public Hearing. MOTION A motion was made by Council Member Somers, seconded Ordinance 97-15 by Mayor Pro Tem Monahan, and carried 5-0, to give first Given First Reading reading to Ordinance 97-15, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PREZONING THE NORTH SIDE OF OLYMPIC AVENUE AND PORTIONS OF THE 1-405 FREEWAY RIGHT-OF-WAY BY ADOPTION OF REZONE PETITION R-97-04. PUBLIC HEARING The Deputy City Clerk announced that his was the time and Tattoo Establish- place set for the public hearing to consider an ordinance add- ment Regulations ing Chapter VI to Title 8 of the Costa Mesa Municipal Code establishing regulations for tattoo establishments. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager reviewed the Agenda Report dated May 1, 1997. Council Member Somers asked the Deputy City Manager if there were any pertinent zoning regulations that could be applied to tattoo establishments in order to keep them in a specifically designated area of the City. He replied that staff could conduct a study on development standards for locations of tattoo businesses and bring it before the Planning Commission and Council. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Ordinance 97-16 by Council Member Erickson, and carried 5-0, to give first Given First Reading reading to Ordinance 97-16, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER VI TO TITLE 8 OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR TATTOO ESTABLISHMENTS. Mayor Pro Tem Monahan supported the motion because the new ordinance addresses the safety and health standards for tattoo establishments. PUBLIC HEARING The Deputy City Clerk announced that this was the time and 1994-95 and place set for the public hearing to consider reallocation of 1995-96 HOME Fiscal Year 1994-95 HOME funds and commitment of 1995 - Funds 96 HOME funds. The Affidavit of Publication is on file in the City Clerks office. No communications were received. The Redevelopment and Housing Manager reviewed the Agenda Report dated May 19, 1997. In response to a question from Mayor Pro Tem Monahan, the Redevelopment and Housing Manager confirmed that under Option B, $414,000.00 of CDBG funds (which are a part of single-family housing rehabilitation money totaling $1,535,466.00) could be reallocated for Downtown Comm- unity Center rehabilitation. Mark Korando, 582 Park Drive, Costa Mesa, representing Habitat for Humanity of Orange County, reported that Habitat for Humanity International is the fifth largest home builder in the Country and the Orange County organization has built 62 homes in the County since 1988. He explained that after the homes are built, they are sold to very low-income families with 20 -year, no -interest, no -profit mortgages, and that Habitat believes that Costa Mesa is an ideal location for these projects. Mr. Korando stated that Habitat wants to enter into a partnership with the City to provide low-income housing, and asked Council to direct staff to enter into exclusive negotiations to acquire three lots from the Victoria Street Widening project for the purpose of constructing single-family homes. He also requested ..use of CDBG funds and/or Redevelopment funds for the purchase price of the land, administration costs, off-site improvements, and to offset any fees. Mayor Pro Tem Monahan supported the Habitat program and the City's entering into negotiations; however, he expressed concern about entering into "exclusive" negotiations to acquire properties. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Business Improve- place set for the public hearing to consider an ordinance to ment Area for City levy an annual assessment for a Business Improvement Area Hotels and Motels for hotels and motels within the City. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Management Analyst summarized the Agenda Report dated May 12, 1997. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded Ordinance 97-17 by Council Member Somers, and carried 5-0, to give first Given First Reading reading to Ordinance 97-17, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 1997- 9'8 FOR A BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Bristol Street place set for the public hearing to consider three resolutions Widening Project finding and determining that the public interest and necessity require the acquisition of the following real properties in fee, for the Bristol Street/Red Hill Avenue street widening, a public purpose: 1122 Bristol Street, 1192 Bristol Street, and 1202 Bristol Street. The property owners were notified of the public hearing fifteen days prior to the meeting as required by law. No communications were received. The Public Services Director reviewed the Agenda Report dated May 13, 1997. Dave Plisco, Vice President of the Board of Directors, Santa Ana Heights Water Company, 1122 Bristol Street, Costa Mesa, stated that they are willing to go along with Council's Mr. Korando responded to a question from Mayor Pro Tem Monahan by stating that Habitat would agree to nonexclusive negotiations with the City. I Mary Hornbuckle, 2221 Raleigh Avenue, Costa Mesa, encouraged Council to enter into negotiations with Habitat and to select Option B. She mentioned that she and her daughter have participated in building homes for Habitat in other communities and thought it would be a good opportunity to participate in the program in Costa Mesa. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Approved Option by Council Member Somers, and carried 5-0, approving B; Gave Directions Option B; directing the City Manager to execute agreements to Staff for 1995-96, 1996-97, and 1997-98 HOME funds to be used to implement housing rehabilitation activities for up to five years, and to free up CDBG housing funds; to reallocate those CDBG housing funds to pay for reconstruction or development of a new Downtown Community Center; and to enter into negotiations with Habitat for Humanity of Orange County to fund their projects with the Home Ownership New Construction Program. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Business Improve- place set for the public hearing to consider an ordinance to ment Area for City levy an annual assessment for a Business Improvement Area Hotels and Motels for hotels and motels within the City. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Management Analyst summarized the Agenda Report dated May 12, 1997. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded Ordinance 97-17 by Council Member Somers, and carried 5-0, to give first Given First Reading reading to Ordinance 97-17, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 1997- 9'8 FOR A BUSINESS IMPROVEMENT AREA FOR CITY OF COSTA MESA HOTELS AND MOTELS. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Bristol Street place set for the public hearing to consider three resolutions Widening Project finding and determining that the public interest and necessity require the acquisition of the following real properties in fee, for the Bristol Street/Red Hill Avenue street widening, a public purpose: 1122 Bristol Street, 1192 Bristol Street, and 1202 Bristol Street. The property owners were notified of the public hearing fifteen days prior to the meeting as required by law. No communications were received. The Public Services Director reviewed the Agenda Report dated May 13, 1997. Dave Plisco, Vice President of the Board of Directors, Santa Ana Heights Water Company, 1122 Bristol Street, Costa Mesa, stated that they are willing to go along with Council's OJ 1 decision and asked that the Water Company be fairly compensated for their property. There being no other speakers, the Mayor closed the public hearing. A motion was made by Council Member Erickson, seconded by Council Member Cowan, and carried 5-0, adopting the following Resolutions: MOTION/Adopted Resolution 97-42, A RESOLUTION OF THE CITY COUNCIL Resolutions 97-42, OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING 97-43 and 97-44 AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE, FOR STREET WIDENING OF BRISTOL STREET,, A PUBLIC PURPOSE, for property at 1122 Bristol Street (Santa Ana Heights Water Company). Resolution 97-43, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE, FOR STREET WIDENING OF BRISTOL STREET, A PUBLIC PURPOSE, for property at 1192 Bristol Street (Robert Nevin). Resolution 97-44, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE, FOR STREET WIDENING OF BRISTOL STREET, A PUBLIC PURPOSE, for property at 1202 Bristol Street (Docnev, Inc.). OLD BUSINESS The Deputy City Clerk presented from the meeting of May 5, Rezone Petition 1997, second reading and adoption of Ordinance 97-13, R-97-01 changing the zoning of 120 Virginia Place and 2060 Newport Boulevard in connection with Rezone Petition R-97-01. The Deputy City Manager stated that he had no further information to report. MOTION On motion by Council Member Erickson, seconded by Council Adopted Ordinance Member Somers, and carried 5-0, Ordinance 97-13, AN 97-13 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF. COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-97-01, CHANGING THE ZONING OF 120 VIRGINIA PLACE AND 2060 NEWPORT BOULEVARD IN THE NEWPORT BOULE- VARD SPECIFIC PLAN AREA, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of May 5, Access Appeals 1997, a request to appoint a regular member to the Access Board Appointment Appeals Board. The Management Analyst summarized the Agenda Report dated May 12, 1997. Motion to Appoint A motion was made by Mayor Pro Tem Monahan to appoint Fleener and Meyer alternate member Mel Fleener as a regular member and James Died Meyer as an alternate member to the Board. The motion died for lack of a second. MOTION/Appointed A !motion was made by Council Member Somers, seconded Getz and Meyer by Council Member Cowan, and carried 4-1, Mayor Pro Tem Monahan voting no, to appoint alternate member Tom Getz as a regular .member to the Board for a four-year term expiring May 19, 2001, and James Meyer as the alternate. Mayor Pro Tem Monahan opposed the motion because he felt that it was unfair not to appoint alternate member Mel Fleener as, a regular member due to the length of time he has served on the. Board. Council Member Somers supported the motion because she based her decision on the attendance record of Mel Fleener. OLD BUSINESS The Deputy City Clerk presented a request on the planning Planning and and development of TeWinkle Park/Costa Mesa High School Development of farm site, and adjacent recreational facilities. The Community TeWinkle Park/ Services Director reviewed the Agenda Report dated May 9, Farm Site 1997. Mayor Pro Tem Monahan wanted a portion of the $100;000.00 intended for a Master Plan Study to go towards the actual improvements. MOTION A motion was,made by Mayor Pro Tem Monahan, seconded Approved Option by, Council Member Somers, to approve Option 2, to revise 2 the current Request for Proposals for the Master Plan Study by deleting the farm site and the existing softball complex at TeWinkle Park from the study. Council Member Somers asked the maker of the motion to include equestrian trails as part of the study. The maker of the motion concurred. Roy Andreen, 2769 Cibola Avenue, Costa Mesa, stated that the Mesa Del Mar Homeowners Association would like to be involved in any planning that the City does on these sites. Robert Graham, 3252 Dakota Street, Costa Mesa, suggested that a comprehensive, trail study be conducted and in- corporated into the planning. Mayor Pro Tem Monahan pointed out to Mr.' Graham that Option 2 includes pedestrian, bicycle, and vehicular linkages. Council Member Cowan opposed Option 2; supported development of six soccer fields based on the current design; and opposed proceeding with the Sports Park because of its proximity to the entire TeWinkle site. She believed the Sport Park and soft ball fields should be considered in conjunction with the Master Plan. The motion carried 4-1, Council Member Cowan voting no. NEW BUSINESS The Deputy City Clerk presented a request from C.J. Request from C.J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for a Segerstrom and variance of Section 4.0 of the' Streetscape and Median Sons for a Variance Development Guidelines requiring the planting of drought on Sunflower tolerant ground cover and shrubbery on Sunflower Avenue Avenue Medians medians. The Community Services Director reviewed the Agenda Report dated May 9, 1997. The City Attorney and the Community Services Director responded to questions from Council Member Cowan regarding the variance. 1 Council Member Somers asked if there would be a savings in the cost of water and maintenance by adding more hardscape (bricks or pressed cement) in the medians since there is a significant amount of the turf/hardscape combination through- out the City. The Community Services Director responded that staff is currently doing a study on comparing drought tolerant versus turf and explained that more hardscape could be used; however, the cost of installation would be higher and it would not be as appealing as the turf. The City Manager reported that when combining hardscape and landscape in the medians, there is a greater liability than the cost of maintenance and water, and that is the deterioration of streets and the median concrete caused by the watering required for the landscaped areas. He added that if Council were interested in looking at options and combinations with turf, the specific designs could be delegated to the Parks, Recreation Facilities and Parkways Commission. MOTION On motion by Mayor Pro Tem Monahan, seconded by. Council Approved Member Somers, to approve the variance and to attempt to Variance reduce watering costs. Council Member Cowan did not support the motion because the Streetscape and Median Development Guidelines established by Council do exactly, what they were intended to do in terms of creating a drought tolerant, or less water intensive use, which enhances the appearance of the medians. Council Member Somers agreed that the City should continue to look into using more drought tolerant types of shrubbery and ground covers; and suggested that the Parks Commission and staff, contact the University of California at Davis, to determine if there are better ground covers. The motion carried 4-1, Council Member Cowan voting no. NEW BUSINESS The Deputy City Clerk presented an ordinance amending Sale of Agricultural Sections 9-163.2 and 9-163.3 of Article 5-1/2, Chapter II, Products Title 9 of the Costa Mesa Municipal Code relating to the sale of single -season agricultural products. The City Attorney re- quested a continuance on this item in order to compile additional code sections. MOTION On motion by Council Member Erickson, seconded by Council Continued to Member Somers, and carried 5-0, this item was continued to June 2, 1997 the meeting of June 2, 1997. NEW BUSINESS The Deputy City Clerk presented an ordinance establishing Film Permits regulations and permits for filming activities within the City. The Assistant to the City Manager reviewed the Agenda Report dated May 13, 1997, and responded to questions from Council Member Somers regarding the fee schedule. Kristi Silverberg, Director of Operations, Orange County Film Commission, 2 Park Plaza, Suite 10.0, Irvine, reported .that the cities of Newport Beach and Orange have adopted this ordinance and have had an increased amount of film prod- uction. She also reported that there are no fees associated with filming within the City of San Diego. Responding to a i question from Mayor Pro Tem Monahan, Ms. Silverberg stated that the City of Newport Beach charges $125.00 for an application fee, and $200.00 a day for the location fee (city property); and the City of Orange charges $50.00 for an application fee and $200.00 a day for the location fee. Paul Hike, Fountain Valley, a film industry employee,' wanted to see more film productions done in Orange County. Mayor Buffa suggested changes to the wording on Page 1, Section 9-472(c), of the ordinance: "Documentary, charitable or student films, as used in this Chapter, means any filming f y a nonprofit organization which qualifies under the Internal Revenue Code Section 501(c)(3) as a charitable organization or is an accredited educational institution, or a public television outlet,...". He also felt that it would be useful for the City to- charge a permit fee so that production could be tracked if necessary. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Ordinance 97-18 by Mayor Buffa, and carried 4-1, Council Member Erickson Given First Reading voting no, to give first reading to Ordinance 97-18,' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING CHAPTER V TO TITLE 9 OF THE COSTA MESA MUNICIPAL CODE ESTABLISHING REGULATIONS AND PERMITS FOR FILMING ACTIVITIES WITHIN THE CITY OF COSTA MESA, including the recommended changes to Section 9-472(c); directing that there shall not be an application fee; and authorizing a location right-of-way fee of $40.00 per hour, with a maximum of $200.00 a day. Council Member Erickson opposed the motion because he did not believe that taxpayers should be subsidizing the ad- ministrative costs. Council Member Cowan asked if the maker of the motion Would consider adding that a study be done for six months to track the actual cost of an application to establish a foundation on which to base an application fee. Mayor Pro Tem Monahan replied that he would not be adding that request to the motion because he thought that the City would benefit from having movies filmed in Costa Mesa through public relations, hotel business, sales tax, etc. Zika Lawsuit The City Attorney requested that the Agenda be amended to allow for a closed session to consider a request for defense from Officers Clay Epperson and Mike Delgadillo, et al., in the case of Caroline Zika v. Epperson and Delgadillo, Orange County Superior Court Case No. 775275. He referred to a memorandum dated May 19, 1997,. which was filed with the City Clerk's office and City Council prior to the meeting which justifies the request; and a four-fifths vote by Council would allow the Agenda to be amended. He explained that a closed session was needed because the response to the request for defense of the officers must be made no later than May 26, 1;997. 1 MOTION/Approved On motion by Council Member Somers, seconded by Mayor Amended Request Pro Tem Monahan, and carried 5-0, the Agenda was amended to include the closed session request. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54956.9(b) to discuss the request for Closed Session: for defense by Clay Epperson and Mike Delgadillo in civil Request for De- litigation by Caroline Zika v. Clay Epperson and Mike fense by Officers Delgadillo, et al., Orange County Superior Court Case No. Epperson and 775275. Mayor Buffa announced that closed session would Delgadillo be held at the conclusion of regular business. CITY MANAGER'S The City Manager acknowledged Marguerit De La Torre of the REPORT/Employee Police Department who had recently retired after 38 years of Retirement service with the City. COUNCIL Council Member Somers reported- that the East Side Traffic COMMENTS Management Study Ad Hoc Committee is still reviewing East Side Traffic proposals from the consultant on the eastside traffic Management Study circulation, and encouraged residents to attend a meeting on Ad Hoc Committee; June 4, 1997, to give input on the proposals. She thanked and Color Guard the Costa Mesa Fire Department Color Guard for their Presentation presentation. Lions Club Council Member Erickson thanked those individuals involved Soccer Tournament with putting on the annual Lions Club Soccer Tournament DARE Program Council Member Cowan requested that the Community Funding Services Department and the Public Services Department explore alternative programming for use of funds from the DARE Program, and to bring the report to the Council Budget Study Session. ADJOURNMENT At 8:55 p.m., the Mayor adjourned the meeting to a closed TO CLOSED session in first floor Conference Room A to discuss the item SESSION previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 9:10 p.m., and the RECONVENED action taken during closed session was announced. MOTION Regarding Caroline Zika v. Clay Epperson and Mike Delgadillo, Denied Request et al., Orange County Superior Court Case No. 775275, by a for Defense vote of 4-0, Council Member Somers abstaining, Council refused the request for defense by Officers Epperson and Delgadillo based on findings pursuant to Government Code Section 995.2(a)(1). ADJOURNMENT The Mayor declared the meeting adjourned at 9:15 p.m. i Mayor of the City of Tty Mesa ATTEST: Deputy Cit lerk of the City of Costa Mesa lu