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HomeMy WebLinkAbout12/15/1997 - City Council259 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 15, 1997 The City Council of the City of Costa Mesa, California, met in regular session December 15, 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 the Pledge of Allegiance to the Flag led by Council Member Erickson, and invocation by Minister Andrew Wall, Church of Christ. 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 Acting Finance Director Marc Davis Associate Planner Kristen Petros Management Analyst Irma Hernandez Senior Police Officer Keith Davis Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council December 1, 1997 Member Somers, and carried 5-0, the minutes of the regular meeting of December 1, 1997, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Somers, and carried 5-0, to read all ordinances and resolutions by title only. PROCLAMATION Mayor Buffa read a proclamation recognizing December 15, Bill of Rights Day 1997, as "Bill of Rights Day". ORAL COMMUNI- Nicole Lloyd, 2287 'h Pacific Avenue, Costa Mesa, reported CATIONS/Drainage that flooding occurs outside her home after it rains because Problem there are no sewers for the water to drain. Mayor Buffa asked that Ms. Lloyd contact the Public Services Director. 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, Contract award for Parkway Concrete Repair and Tree Replacement. 260 MOTION/Approved On motion by Council Member Erickson, seconded by Council Except Items 1 and Member Cowan, and carried 5-0, the remaining Consent 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: James F. Burnett; Mark W. Carvalho; Larry Kiehl; Martin E. Millard; and Southern California Edison Company. WARRANTS Approved Warrant 1670/Payroll 9724 Approved Warrant 1671 ADMINISTRATIVE ACTIONS/Awarded Bid Item 1014, to Uniforms, Inc. The following warrants were approved: Warrant Resolution 1670, funding City operating expenses in the amount of $2,481,758.62; and Payroll 9724 for $1,411,790.59. Warrant Resolution 1671, funding City operating expenses in the amount of $1,097,528.20. i Bids received for Bid Item No. 1014, Purchase of Fire Department Uniforms, are on file in the City Clerk's office. Tle contract was awarded to Uniforms Inc., 2025 North Main Street, Santa Ana, for $36,550.00. Accepted Work by Sewer Improvements at 3100 Bear Street, in conjunction with Polygon for Sewer development of Tract No. 15211, were completed to the Improvements, satisfaction of the Public Services Director by Polygon Tract No. 15211 Communities, 15751 Rockfield Boulevard, Irvine. The work was accepted, and the Performance and Labor and Material Bonds were ordered exonerated. 1 1 Accepted Work by Harbor Boulevard Rehabilitation from Wilson Street to Dale R.J. Noble for Way; from Date Place to 1-405 Southbound Ramps; and from Harbor Boulevard South Coast Drive to MacArthur Boulevard, Project No. 96 - Rehabilitation, 12, Federal No. STPLMA-5312(015), was completed to the Project No. 96-12 satisfaction of the Public Services Director on November 17, 1997, by R.J. Noble Company, 15505 East 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 6 months thereafter. Accepted Work by The 1996-1997 Street Maintenance Slurry Seal Program, Pavement Coatings Project No. 97-08, was completed to the satisfaction of the for 1996-1997 Public Services Director on November 24, 1997, by Pavement Street Maintenance Coatings Company, Post Office Box 1491, Cypress. The Slurry Seal Pro- work was accepted; the Deputy City Clerk was authorized to gram, Project No. fife a Notice of Completion; authorization was given to release 97-08 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. 261 Awarded Storm Bids received for Storm Drain Inlet Improvements at the Costa Drain Inlet Improve- Mesa High School Farm Site, Project No. 97-18, are on file in ments at Farm Site, the City Clerk's office. The contract was awarded to B.I.K. Project No. 97-18, Inc., doing business as Civil Constructors, 9209 Lower Azusa to B.I.K.,Inc. Road, Rosemead, for $24,320.00. Accepted Work by Pavement Crack Seal, Project No. 97-15, was completed to RCSI for Pavement the satisfaction of the Public Services Director on November Crack Seal, Project 20, 1997, by RCSI, Post Office Box 3039, Santa Ana. The No. 97-15 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 Orange An agreement was approved with Orange County County Conserva- Conservation Corps, 4560 Eisenhower Circle, Anaheim, tion Corps Agree- in an amount not to exceed $8,825.00, for Christmas ment for Tree tree recycling services, and the Mayor and Deputy City Recycling Clerk were authorized to sign on behalf of the City. Rejected Bids for Bids received for Fairview Road Rehabilitation from Paularino Fairview Road Channel to End of Curb Return (ECR) on North Baker Street, Rehabilitation, Project No. 97-09, Federal No. STPLMA-5312(016), are on Project No. 97-09 file in the City Clerk's office. All bids were rejected because another project, Fairview Road/Baker Street, which was to be constructed concurrently with this project, cannot proceed _ due to a funding deficiency; therefore, staff was directed to modify the scope of work and re -advertise Project No. 97-09. Rejected Bids for Bids received for Fairview Road and Baker Street Intersection Fairview Road and Improvements, Project No. 97-17, are on file in the City Baker Street Clerk's office. All bids were rejected due to a funding Improvements, deficiency, and staff was directed to defer construction until Project No. 97-17 adequate funding can be appropriated. Approved Adden- Addendum No. 1 to the agreement with the Irvine dum No. 1 to Irvine Company, Post Office Box 6370, Newport Beach, for Company Agree- Vernal Pool No. 1 restoration at Fairview Park, was ment approved. Adopted Resolution Resolution No. 97-100 was adopted: A RESOLUTION OF 97-100, Supporting THE CITY COUNCIL OF THE CITY OF COSTA MESA, Directional Sign CALIFORNIA, SUPPORTING THE SAN JOAQUIN HILLS Program TRANSPORTATION CORRIDOR AGENCY INFORMATIONAL AND DIRECTIONAL SIGN PROGRAM. Alcoholic Beverage Item No. 1 on the Consent Calendar, second item on the Licenses (ABC) Reading Folder was presented: A request from Sam Woo's Seafood restaurant, 901 South Coast Drive, Suite C180, for a person-to-person/premise-to-premise transfer of a Type 47 ABC license (on -sale general for a bona fide eating place); a request from Plums Box Lunch and Catering, 369 East 17th Street, Suites 7 and 8, for an original Type 47 ABC license (on -sale general for a bona fide eating place); a restaurant (formerly Brandons) inside the Wyndham Garden Hotel, 3350 Avenue of the Arts, for a multiple stock transfer for an original Type 47 ABC license (on -sale general for a bona fide eating place); and a request from Shell gas station, 2249 Harbor Boulevard, for a person-to-person transfer for an existing Type 20 ABC license (off -sale beer and wine). Council Member Somers wanted the residents of Costa Mesa to be made aware of the numerous ABC application requests MOTION which are being granted. On motion by Council Member Received and Pro- Somers, seconded by Council Member Erickson, and carried cessed ABC 5-0, the Alcoholic Beverage License requests were received License Requests and processed. Parkway Concrete Item No. 6 on the Consent Calendar was presented: Contract Repair and Tree award for Parkway Concrete Repair and Tree Replacement, Replacement, Project No. 97-16. Robert Graham, 3260 Dakota Avenue, Project No. 97-16 Costa Mesa, felt that the specific locations of this project should be reflected on the Agenda. On motion by Council Member Somers, seconded by Council Member Erickson, and MOTION/Awarded 'carried 5-0, the contract was awarded to S. Parker Contract to S. Engineering, Inc., 10059 Whippoorwill Avenue, Fountain Parker Engineering Valley, for $679,905.20. PUBLIC HEARING The Deputy City Clerk announced the public hearing, Appeal of Denial of continued from the meeting of December 1, 1997, to a Massage Permit consider an appeal of the Police Chief's denial of a permit for from Ellen Tiedt massage practitioner from Ellen Tiedt, 463 East Promontory Drive, Newport Beach. The Senior Police Officer reviewed his Agenda Report dated December 15, 1997, and provided the following information: the Costa Mesa Police Department sent Ms. Tiedt a letter denying her massage practitioners permit on November 3, 1997; a letter dated November 10, 1.997, was sent from the City Clerk's office notifying Ms. Tiedt that her public hearing was scheduled for the Council meeting of December 1, 1997; and on December 3, 1997, the City Clerk's office sent a notice to Ms. Tiedt advising her of the new hearing date and where she could obtain an agenda 'report prior to the public hearing. The Senior Police Officer also reported that an investigation was conducted by the Newport Beach Police Department on March 5, 1997, at "The Getaway" Massage Parlor, 2009 Quail Street, Newport Beach, where Ms. Tiedt was employed. He stated that Ms. tiedt was issued a citation because she was in violation of their City's ordinance as it pertains to the neckline of her dress being more than three inches below the collar bone. The Senior Police Officer responded to a question from Mayor Pro Tem Monahan by stating that the outcome of Ms. Tiedt's citation was a conviction and fine. Marcus McLaughlin, 1848 West 171'' Street, Santa Ana, attorney for Ms. Tiedt, stated that Ms. Tiedt should not be prevented from pursuing her livelihood based upon a minor infraction such as the citation issued by the City of Newport Beach. He pointed out that Ms. Tiedt has had no prior I of the law while she has been a massage practitioner. Responding to questions from Mayor Pro Tem Monahan, Ms. Tiedt stated that she was employed at "The Getaway" for nine months and had no knowledge of prostitution activities while she was there. 1 263 Mayor Pro Tem Monahan asked if an infraction is considered a crime. The City: Attorney replied that his interpretation is that any violation of the Municipal Code relating to massage establishments or adult businesses is considered to be a crime and _that includes an infraction. He referred to Section 1-33 of the Code which so states. The City Attorney added that more important is the City Council's interpretation of this section, and noted that the Police Chief has a long-standing administrative practice which interprets the term "crime" to include infractions. He stated that the City Council could change that interpretation as the adopting body; however, the Police Chief's position is that the crime mentioned in Section 9-333(a)(5) does include infractions, and concurred with that position. Mr. McLaughlin disagreed with the City Attorney's legal definition of an infr�: action and believed that the intent of the Municipal Code is to prevent more serious violations, such as, prostitution or untrained persons attempting to perform massage therapy. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Denied Permit by Council Member Somers, and carried 5-0, to uphold the Police Chief's decision to deny the permit. Mayor Pro Tem Monahan felt that infractions are considered crimes and that Ms. Tiedt has the opportunity to pursue her livelihood, regardless of this denial. Council Member Somers asked that a section be added to the Municipal Code to include qualification standards. She thought that the City should establish a test for applicants to become qualified practitioners. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Surplus City- place set for the public hearing to consider a resolution Owned Properties declaring certain parcels to be surplus property; and declaring the intention to dispose of said City surplus real property. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Services Director reviewed the Agenda Report dated December 8, 1997. Caroline Butler, 208 Susannah Place, Costa Mesa, representing Releaf Costa Mesa, asked that Council consider pocket parks or planned open space for many of these surplus City -owned properties. She offered the services of Releaf Costa Mesa to supply and plant trees on the parcels. There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Council Member Erickson, seconded Resolution 97-101 by Council Member Cowan, to adopt Resolution 97-101: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING CERTAIN PARCELS TO BE SURPLUS PROPERTY; AND DECLARING ITS INTENTION TO DISPOSE OF SAID CITY SURPLUS REAL PROPERTY, located at 523 Hamilton Street and parcel No. 422-091-04 on Hamilton Street (no address), 110, 282, and 286 Del Mar Avenue, 2600 Newport Boulevard, 2136 Raleigh Avenue, 2135 Sterling Avenue, 2136 Wallace Avenue, 111 East 18th Street, 135 East 17th Street (larger parcel), 2152 Puente Avenue, 540, 544, 744, and 817 Victoria Street, 2152 Raleigh Avenue, 2155 State Street, and 135 East 17th Street (smaller parcel); and authorizing staff to enter into negotiations for the sale and/or disposition of subject surplus property pursuant to Government Code Section 54227. AMENDED At the request of Mayor Pro Tem Monahan, Council Member MOTION/Added Erickson amended the motion by stipulating that where Offer to Sell to property owners have expressed an interest in purchasing the Adjacent Property adjacent parcels, the land shall be offered for sale to the Owners owners after first having been offered for sale to other public agencies. The motion was seconded by Council Member Cowan, and carried 5-0. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Master Plan for place set for the public hearing to consider the Master Plan Fairview Park for Fairview Park, located in the 2500 block of Placentia Avenue, for the City Council of the City of Costa Mesa: Mitigated Negative Declaration. Planning Application PA -97-43, Fairview Park Master Plan. General Plan Amendment GP -97-03A to amend the Biological Resources, Open Space and Parks, Recreation and Open Space Master Plan Elements of the General Plan. Resolution to commit a portion of Fairview Park to the Natural Community Conservation Plan (NCCP) Reserve System, and to approve the implementation agreement, and designate a Director of the NCCP nonprofit corporation. The Affidavit of Publication is on file in the City Clerk's office. Ten communications were received: Windell and Muriel Jones, 1877 Swan Circle, Costa Mesa, supporting the Fairview Park Master Plan, but expressing concern about the parking impact for residents of Swan Drive, and their opposition to providing a dog park or any plan for a gazebo with music in the museum/train station area; Michael Hyams, 2023 Goldeneye Place, Costa Mesa, strongly objecting to the Master Plan, and giving several reasons for his objections; Richard Mehren, 1824 Kinglet Court, Costa Mesa, member of the Fairview Park Committee and Parks, Recreational Facilities and ! Parkways Commission, supporting the Master Plan as 1 1 z prepared by Katzmeir, Newell and Kerr; Thomas R. Egan, 1103 Mesa Bluffs Drive, Costa Mesa, opposing the Master Plan and stating several reasons for his opposition; David J. Stiller, 2879 Regis Lane, Costa Mesa, member of the Parks, Recreational Facilities and Parkways Commission, supporting the inclusion of a Bark Park; a flyer prepared by the "Don't Fence Me Out" Committee, submitted by Linda Feffer, member of the Fairview Park Committee, which states that the Master Plan will restrict use of the park by visitors; Bark Park Volunteer Committee requesting that a second . Bark Park be reinstated into the Master Plan; Mathilda Dayan, 850 Congress Street, Costa Mesa, opposing the Master Plan, stating that the park would become a fenced -in nature preserve; Stephanie Sweeny, Mesa Verde Homeowners Association, supporting the Master Plan; and Greg Raven, Post Office Box 10545, Costa Mesa, expressing his opinion that what has been done to the park sofar has been a monstrous waste of tax monies. The Deputy City Manager reviewed the Agenda Report dated November 25, 1997, regarding Fairview Park entering into the NCCP Reserve Systems. The Associate Planner reviewed the Agenda Report dated December 3, 1997, regarding the Negative Declaration, and the Agenda Report dated December 3, 1997, regarding the General Plan Amendment. The Community Services Director reviewed the Agenda Report dated December 9, 1997, regarding Planning Application PA - 97 -43, Fairview Park Master Plan. Bruce Newell, of Katzmaier, Newell and Kehr, 2728 Coast Highway East, Corona del Mar, consultant preparing the Fairview Park Master Plan, reviewed the details proposed in the Master Plan. The Community Services Director responded to a question from Council Member Somers by stating that staff is working on pedestrian and bicycle access into the park from Canary Drive, and reported that on -street parking will be available on Canary Drive. Mr. Newell responded to a question from Council Member Somers by explaining that the pond has been downsized to 250 -feet in length and 75 -feet in width, and will be located in the middle of the railroad area. Gilbert Collins, 3159 Sharon Lane, Costa Mesa, member of the Fairview Park Advisory Committee, supported the Master Plan and felt that it would not be advantageous for the City to be involved with the NCCP. Tom Egan, 1103 Mesa Bluffs Drive, Costa Mesa, presented a petition to Council 1with-58_ signatures opposing the Master Plan. He felt that the plan needed more emphasis on satisfying the general public and less focus on special interests. Patt Bell, 179 East 17th Street, No. 153, Costa Mesa, member of the Bark Park Volunteer Committee, asked that the Bark Park be reinstated into the Master Plan. 266 Council Member Cowan asked Ms. Bell why it is essential that a Bark Park be located at Fairview Park as opposed to any other site. Ms. Bell stated that Fairview Park is an ideal location because it will have no impacts. The following residents spoke in support of a Bark Park: Mark Harris, 917 Tanana Place, Costa Mesa, Vice Chairperson, Parks, Recreation Facilities and Parkways Commission; Barbara Les, 1808 Hummingbird Drive, Costa Mesa; and Sandra Burtram, no address given. Nancy Corcorran, 2165 Canyon Drive, Costa Mesa, expressed her concerns because the proposed plan does not provide access for her to ride her horses in any open areas of the City or County. Responding to a question from Council Member Somers, Mr. Newell believed that a trail for horses should be separate from pedestrian and bicycle traffic because of liability issues. Mayor Buffa asked the City Attorney to determine whether it is, a legal requirement that the equestrian, pedestrian, and bicycle trails be separated. Ned Hall, 1719 Samar Drive, Costa Mesa, felt that there should be some consideration given for equestrian use in the Master Plan. Nicole Lloyd, 2287 1h Pacific Avenue, Costa Mesa, stated that Fairview Park should be left in its natural state and opposed inclusion of a Bark Park. Amy Litton, 874 Darrell Street, proposed plan for Fairview Park. Costa Mesa, supported the RECOGNITION Mayor Buffa recognized former Mayor Sandra Genis who was iri attendance. i Laila Nabulsi, 2293 Pacific Avenue, No. A, Costa Mesa, opposed the Fairview Park Master Plan. Pat Vermolen, 998 Modjeska Circle, Costa Mesa, property owner at 2265 and 2267 Canyon Drive, commented on a drainage problem that has occurred for years between Pacific Avenue and Canyon Drive which results in flooding on her two properties. Judith M. Gielow, 469 East 181h Street, Costa Mesa, member of the Fairview Park Advisory Committee, supported the Master Plan; however, she did not support a Bark Park. Kelly Walsh, 2191 Pacific Avenue, Costa Mesa, expressed her concern about portions of Fairview Park being fenced off to the public. Wendell Jones, 1877 Swan Circle, Costa Mesa, supported the Fairview Park Master Plan. i Marian Pitts, 2205 Pacific Avenue, No. 303, Costa Mesa, opposed the Fairview Park Master Plan. 1 1 1 267 Richard Mehren, 1824 Kinglet Court, Costa Mesa, member of the Parks, Recreation Facilities and Parkways Commission, commented on the archaeological site and the vernal pools which are both protected by the Federal Government. He reported that the Fairview Park vernal pool site is one of only three vernal pool sites in Southern California and is the only one in Orange County. For that reason, he felt fencing would be needed for protection. Brad Brown, 9452 Waterfront, Huntington Beach, felt that Fairview Park should be left in its existing state. Nancy Palmer, 3174 Gibraltar Avenue, Costa Mesa, member of the Fairview Park Advisory Committee, suggested that a follow-up study be conducted for the east side of the park to address the possibility of adding a small nonamplified concert facility, consolidating the museum site with the snack bar, adding rest rooms and providing appropriate support facilities for the Botanical Garden. She stated that if a Bark Park were approved, the east side of the Park would be an ideal location. Terry Tyson, 2298 Santa Ana Avenue, Costa Mesa, supported the Master Plan, but would like to have the Bark Park included. RECESS Mayor Buffa declared a recess at 8:25 p.m., and reconvened the meeting at 8:35 p.m. Jim Collura, 2293 Pacific Avenue, Costa Mesa, opposed the Fairview Park Master Plan. Janet Remington 1164 Boise Way, Costa - Mesa, expressed her concern regarding the site of the Raptor's perch. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, urged Council to increase the means of access into the park. She expressed concern about joining the NCCP Program, and suggested that the Botanic Garden be re-examined in terms of costs. Maryann Marks, 206 Mayfair Lane, Costa Mesa, supported the Master Plan, and asked that the Bark Park be reinstated into the Plan. Dana Haynes, 1105 Mesa Bluff Drive, Costa Mesa, felt that the Master Plan has been geared more towards native species than public usage. Robert Graham, 3260 Dakota Avenue, Costa Mesa, supported the Plan; however, he felt that joining the NCCP Program needed to be investigated further to determine what benefits the City would derive. Mark Willhoit, 1097 Mesa Bluff Drive, Costa Mesa, stated that the NCCP Program has proven to be unreliable for funding and protection. Jan Vandersloot, 2221 East 16th Street, Newport Beach, supported the Master Plan and stated that the State of California Coastal Conservancy would be a better source for funding than the NCCP. Tony Mickelson, 2283 Pacific Avenue, Costa Mesa, felt that Fairview Park should be left the way it is. David Prather, 1202 Las Arenas Way, Costa Mesa, opposed the Plan and expressed his concerns for the animals that live in the vernal pools. Michael Nunes, 2293 Pacific Avenue, Costa Mesa, stated that Fairview Park should be restored to its natural state. Linda Feffer, 2629 Orange Avenue, No. 3, Costa Mesa, member of the Fairview Park Advisory Committee, supported the Master Plan. Eleanor Egan, 1103 Mesa Bluff Drive, Costa Mesa, opposed the Master Plan and believed that an Environmental Impact Report (EIR) should be done. Doug Sutton, 2739 Canary Drive, Costa Mesa, believed that the economics for development of Fairview Park must be addressed immediately. Sherry Sutton, 2739 Canary Drive, Costa Mesa, stated that she is very concerned about access to the northeast corner of the park from Canary Drive. The following residents spoke in support of the Fairview Park Master Plan: Robert Braun, 2721 Canary Drive, Costa Mesa, and Larry Tuohino, 2343 Westminster Avenue, Costa Mesa. Walter Davenport, 1888 Parkview Circle, Costa Mesa, Chairperson of the Planning Commission, thought that there should be some consideration given to equestrian use in the I ark. There being no other speakers, the Mayor closed the public hearing. Responding to a question from Council Member Cowan, the Associate Planner explained that there is no significant environmental impact caused by the Master Plan which would require an Environmental Impact Report (EIR). Council Member Cowan thanked the Fairview Park Advisory Committee for all their time and effort working on the Master Plan. Council Member Erickson asked if the Negative Declaration would be adequate if a Bark Park were located on the east side of Fairview Park where there would be no impact on residences. The Associate Planner responded in the affirmative. 269 Responding to questions from Council Member Somers, Mr. Newell reported that his firm recommended a mechanical method of stabilizing .the existing erosion which is occurring at the north and south ends of the bluffs; and bike trails will be constructed with asphalt, but decomposed granite could also be considered. In regard to the NCCP, Council Member Somers stated that there are many other organizations that cities utilize to fund the development of parks. In response to Mayor Buffa's inquiry, the City Manager stated that the City cannot receive grant funds for Fairview Park until the Master Plan has been adopted. He indicated that the Plan may then be divided into phases; however, not all elements will qualify for grant funds. Mr. Newell responded to a question from Mayor Pro Tem Monahan by stating that it is necessary to install fencing for the archeological sites and vernal pools, as well as the bluffs because of the steep slopes. A question and answer period ensued regarding fencing and the Bark Park. Regarding the drainage problem on Canary Drive, the Public Services Director believed that a minor drainage system should be installed to correct the ongoing problem. MOTION/Adopted A motion was made by Council Member Somers, seconded Mitigated Negative by Council Member Erickson, and carried 5-0, to adopt the Declaration with Mitigated Negative Declaration of Environmental Impact with Revisions revisions. MOTION/Adopted A motion was made by Council Member Somers, seconded Resolution 97-102 by Council Member Erickson, to adopt Resolution 97-102, A Approving RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PA -97-43, Fairview COSTA MESA, CALIFORNIA, APPROVING PLANNING Park Master Plan APPLICATION PA -97-43, Fairview Park Master Plan, adding the following recommendations from the Planning Commission and the Fairview Park Advisory Committee: form an organizational structure to include City staff and a citizen advisory committee to be responsible for obtaining the funding, establishing the restoration priorities, and the implementation of the plan elements; vigorously pursue a -method to "lock in" the plan for a reasonable and lengthy period of time to protect the restored habitat areas from future alteration; modify the Master Plan to incorporate a facility for nonamplified acoustic music in an area near the train station; consider bus parking in the railroad area; the bridge over Placentia Avenue should be dependent on outside funding sources or be a low priority in the phasing of the plan; consider adding a trail at a portion of the west facing bluff (adjacent to the Talbert Nature Preserve) and a trail in the north facing canyon; provide asphalt or concrete access for the disabled on the trail from Pacific Avenue to the overlook on the southern end of the bluff; and directing staff to come back in 30 days with a report on possible equestrian use, and proper wording of a condition which would allow periodic review of the fencing during development of the park to determine its necessity in various areas. At the request of Council Member Erickson, Council Member Somers made an 43301 ' 4W 1 I addition to the motion providing for a review of the sites designated for fencing; . and the inclusion of a Bark Park on the east side of Fairview Park of approximately two to four I cres in size, away from homes, and to be specified by staff. The motion carried 3-2, Council Members Buffa and Monahan voting no. Council Member Cowan asked if the motion was intended to direct the equestrian access to the lower Santa Ana River equestrian trails. The maker of the motion and the seconder concurred. After further discussion, Mayor Buffa suggested that fencing be installed at the archeological sites and vernal pools, and that no other fencing be installed until it has been determined that it is necessary. Council Member Erickson stated that the I lants will not have a chance to grow without the protection of fences. Council Member Somers thought that the fencing issue should be reviewed by Council on a yearly basis to determine whether it is needed. Robert Donnelly, 2788 Waxwing Circle, Costa Mesa, Orange County Model Engineers, stated that the existing parking spaces allow for bus parking. Council Member Cowan suggested retaining the current number of parking spaces without designating parking for buses. Ken Matussa, 1691 Mesa Bluff Drive, Costa Mesa, Orange County Model Engineers, reported that most buses utilizing the parking lot are transporting students to the site on weekdays. The City Manager asked the maker of the motion if it was his intent to bring back to Council in 30 days, a report on equestrian use; areas where fences are to be installed, with a Periodic review on whether some fences can be removed; and possible installation of a Bark Park on the east side of Fairview Park. Council Member Somers responded by stating that it was her intent to have a report on equestrian use and the Bark Park brought back to Council in 30 days. Council Member Erickson stated that he would like to have the fencing issue come back to Council for review either Periodically or annually. MOTION/Adopted A motion was made by Council Member Erickson, seconded Resolution 97-103, by Council Member Somers, and carried 5-0, adopting Approving GP- Resolution 97-103, A RESOLUTION OF THE CITY COUNCIL 97-03A OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -97-03A AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA. 1 -.-271 MOTION/Approved A motion was made by Council Member Erickson, seconded Alternate Methods by Council Member Somers, and carried 5-0, not to commit a of Funding portion of Fairview Park to the Natural Community Conservation Plan (NCCP) Reserve System; to pursue alternate methods of funding; and directing staff to obtain detailed information on the NCCP Program. RECESS Mayor Buffa declared a recess at 10:15 p.m., and reconvened the meeting at 10:25 p.m. OLD BUSINESS The Deputy City Clerk presented from the meeting of Costa Mesa Tennis December 1, 1997, Costa Mesa Tennis Club contract for Club Contract for concessionaire operations. One communication was received Concessionaire from Mr. and Mrs. William J. Bradley, 3177 Country Club Operations Drive, Costa Mesa, suggesting that Council direct interim custodial coverage of the tennis courts to protect its clientele and the future operators of the facility. The Community Services Director summarized the Agenda Report dated December 9, 1997. MOTION/Approved A motion was made by Council Member Cowan, seconded by Contract to Hank Mayor Pro Tem Monahan, and carried 5-0, selecting Hank Lloyd Lloyd to operate the Costa Mesa Tennis Club and the City's tennis programs, and directing staff to prepare a contract for the Mayor's signature. Council Member Cowan indicated that Hank Lloyd's proposal was more comprehensive in addressing the needs of the community. Mayor Buffa supported the motion because he believed that Hank Lloyd's tennis operation better suits the City's needs. OLD BUSINESS The Deputy City Clerk presented a policy on permit and Permit and Code Municipal Code enforcement. The Deputy City Manager Enforcement reviewed the Agenda Report dated December 8, 1997. Council Member Somers stated that she had requested that this policy on entertainment and special events be brought forward. She suggested discussing the policy during the budget process when fees and permit violations are addressed. Council Member Somers believed it is Council's desire to streamline permit processing to a point where all permits would not have to be brought before the Council to be approved, thereby allowing staff to make some decisions. MOTION A motion was made by Council Member Somers, seconded Referred to Budget by Mayor Buffa, and carried 4-1, Council Member Cowan Process voting no, to bring back the permit fees and penalties as a resolution under the Budget process and prioritization. NEW BUSINESS The Deputy City Clerk presented a request to make Child Care appointments to the Child Care and Youth Services Committee Committee. The Management Analyst summarized the Appointments Agenda Report dated December 8, 1997. Z72 MOTION A ;motion was made by Council Member Somers, seconded Members by! Mayor Buffa, . and carried 5-0, to appoint Betsy Arns, Appointed Rachel Stickles, Steve Smith, Virginia Edwards, and. Charlene Metoyer as regular members; and Nancy Clark and Deborah Shulman as alternate members to the committee for two-year terms expiring in December, 1999. NEW BUSINESS The Deputy City Clerk presented an ordinance amending Storage of Vehicles Section 13-86(b) of the Costa Mesa Municipal Code on Residentially concerning vehicle storage on residentially zoned property. Zoned Property The City Attorney reviewed his Report No. 97-69 dated November 24, 1997. i After discussion, the City Attorney advised Council that if the ordinance is not adopted as cleanup legislation, the remaining provisions of Title 11 will be unenforceable. Mayor Buffa was concerned about the fencing which has been recommended to screen vehicles in the driveways. The City Attorney explained that the term "fencing" has been defined in the Zoning Code and in Title 11 of the Municipal Code. Th'e City Attorney reported that the definition that the City is now using for inoperable vehicles is contained in Municipal Code Section 11-66, which states that a vehicle is inoperable if it is mechanically incapable of being driven or prohibited from being operated on a public street or highway, pursuant to the Vehicle Code concerning license plates, registration, equipment, safety, and related matters. Motion to Give A ;motion was made by Council Member Somers, seconded Ordinance First by; Council Member Erickson, to give the ordinance first Reading Failed to reading. The motion failed to carry 3-2, Council Members Carry Buffa, Monahan, and Cowan voting no. Mayor Pro Tem Monahan opposed the motion because he felt there were some problems with the ordinance as written. i The City Attorney requested clarification from Council in that the ordinance failed to pass first reading, resulting in Municipal Code Sections 11-65 through 11-67 . being unenforceable. Council Members Buffa, Monahan, and Cowan expressed their concerns with the requirement to screen the inoperable vehicles from public view, and whether fencing constructed by the owners would result in greater impacts. The Deputy City Manager/Development Services stated that over the years, the provision for fencing has worked very well, and reported that since May, 1997, 476 violations for inoperable vehicles have been cured. Mayor Buffa suggested the possibility of bringing back a report for the first meeting in January delineating development standards, additional details on the Deputy City Manager's comments, and administrative remedies for those situations involving feuding neighbors. 1 L 1 273 NEW BUSINESS The Deputy City Clerk presented a report on allocation of General Fund Net Fiscal Year 1996-97 General Fund Net Revenue. A Revenue communication was received from Ed Fawcett, President of the Costa Mesa Chamber of Commerce, 1835 Newport Boulevard, Suite E-270, Costa Mesa, supporting the improvement of the vacant lot east of the Westside Police Substation for parking purposes. The Acting Finance Director summarized the Agenda Report dated December 8, 1997, which states that staff will prepare a budget adjustment based on Council's direction. MOTION/Approved A motion was made by Council Member Erickson, seconded Recommendations by Council Member Cowan, and carried 5-0, approving the for Allocation of following recommendations: 98-A1 Anti -Crime Efforts; 98-A5 General Fund Net Residential Neighborhood Traffic Enforcement; 98-139 Street Revenue Maintenance; Farm Site Development; Narcotics Forfeiture Fund Deficit; 565 West 18th Street Parking Lot Improvement; Trauma Intervention Program (TIP); and Flood Prevention and Response, with total allocated funds being $1,551,600.00. NEW BUSINESS The Deputy City Clerk presented a request to renew the lease Lease Agreement agreement with Childs -Pace, Inc., at the Downtown with Childs -Pace Community Center. The Community Services Director summarized the Agenda Report dated December 8, 1997. MOTION/Approved A motion was made by Council Member Cowan, seconded by Renewal of Lease Council Member Erickson, and carried 5-0, to approve the Agreement extension through December 30, 1998, and authorizing the Mayor to sign the addendum with a 90 -day termination clause. CITY ATTORNEY'S The City Attorney .presented his Report No. 97-68 dated REPORT/Resolution November 24, 1997, and a resolution adopting a policy Concerning Friend- concerning the City of Costa Mesa's participation in Friend -of - of -the -Court Briefs the -Court Briefs. MOTION/Adopted A motion was made by Council Member Cowan, seconded by Resolution 97-104 Mayor Pro Tem Monahan, and carried 5-0, adopting Resolution 97-104, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A POLICY CONCERNING THE CITY'S PARTICIPATION IN FRIEND -OF -THE -COURT BRIEFS, with direction to the City Attorney that notice be given to the City Council when a decision has been made to participate, giving City Council an opportunity to bring it forward if there are any questions. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54956.9(a) to discuss for Closed Session: Sothard/McAllister/Romine v. City of Costa Mesa and Police Sothard/McAllister/ Chief Snowden, et al., Orange County Superior Court Case Romine v. City of No. 78-72-53. Mayor Buffa announced that closed session Costa Mesa, et al would be held at the conclusion of regular business. COUNCIL Council Member Somers referred to a flyer which was COMMENTS circulated by unknown persons stating incorrectly that a Bridge Study study was being done for a 17th Street bridge. At the request of Council Member Somers, the City Manager explained that an agreement was approved involving the cities of Costa Mesa, Fountain Valley, Huntington Beach, Newport Beach, and the Orange County Transportation Authority to proceed 2'74 ;with a study on the 19th Street/Banning and Gisler ;Avenue/Garfield bridges. Good Luck to Council Member Erickson extended best wishes to Mac Mac Bernd Bernd, Newport -Mesa Unified School District Superintendent, in his new position as School District Superintendent in ;Arlington, Texas. ADJOURNMENT ;At 11:15 p.m., Mayor Buffa adjourned the meeting to a TO CLOSED closed session in first floor Conference Room A to discuss the SESSION item previously announced by the City Attorney. MEETING Mayor Buffa reconvened the meeting at 11:40 p.m., and the RECONVENED action taken during.closed session was announced. i MOTION/Granted By a vote of 5-0, Council granted a request for defense and Request for indemnification for Police Chief Snowden and to waive Defense ,potential conflict. ADJOURNMENT The Mayor declared the meeting adjourned at 11:45 p.m. i Mayor of the City of s a esa ATTEST: Deputy City C rk of the City of Costa Mesa 1 11 1