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HomeMy WebLinkAbout04/20/1998 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 20, 1998 The City Council of, the City of Costa Mesa, California, met in regular session April 20, 1998, 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 the Reverend Steve Iseman, First United Methodist Church. 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 Fire Marshal Tom Macduff Police Captain Tom Warnack Budget & Research Officer Carol Jacobs Management Analyst Irma Hernandez Associate. Planner. Gabriel Elliott Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council April 6, 1998 Member Cowan, and carried 5-0, the minutes of the. regular meeting of April 6, 1998, 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. PRESENTATION Paul Glaad, President of the Leukemia Society, 1744 West Leukemia Society Katella Avenue, Orange, presented an award to Police Chief Dave Snowden recognizing .his participation in the Leukemia Society's "Celebrity Waiters Dinner". ORAL COMMUNI- Michael Szkaradek, 1555 Mesa Verde Drive, East, Costa CATIONS/Tenant/ Mesa, referred to ;an article in the Orange County Register Landlord Issues dated April 11, 1998, which indicates that landlords in Orange County are starting to charge tenants for water, sewer, and trash. He asked that Council consider adopting 1 1 fl an ordinance that would require landlords to disclose the calculations on which they base these types of charges. Anaheim Avenue Horace Silva, 1917 Anaheim Avenue, Costa Mesa, and 19th Street complained about the high-speed traffic along Anaheim Traffic Avenue and 19th Street. He felt that if the City were to install speed limit signs in this area it would alleviate the problem. Mayor Buffa asked the Public Services Director to investigate the matter and contact Mr. Silva with his findings. Westar Complaint Terrance Douglass, 1149 Sea Bluff Drive, Costa Mesa, PA -97-53 reported that Westar Nutrition (PA -97-53) installed a wall adjacent to the residential properties; however, it is not as high as that required by the City. He also reported that the trash enclosures have not been demolished which was to be completed by April!�1;.1998. CONSENT The following item was removed from the Consent Calendar: CALENDAR Item. No. 12, Agreement with Tatsumi and Partners, for the TeWinkle Master Plan, and Budget Adjustment No. 98-64. MOTION/Approved On motion by Council Member Somers, seconded by Council Except Item 12 Member Erickson, and carried 5-0, the remaining Consent Calendar items were approved as recommended. WRITTEN COM- Resolution 98-29 was adopted: A RESOLUTION OF THE MUNICATIONS/ CITY COUNCIL OF THE CITY OF COSTA MESA, Adopted Resolution CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR 98-29, Records THE POLICE DEPARTMENT OF THE CITY OF COSTA MESA, Destruction/Police PURSUANT TO ORDINANCE NO. 75-60. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the City Clerk's Office: Melanie Burner; Nina Marie Draper, David Thomas Scott, a minor by and through his Guardian Ad Litem, Nina Marie Draper; Jim Dunk; Jeffrey I. Hirsch; Honda Acura Service; Anton Rosandic; Snaier Z. Varkel; and Johnny L. Watkins. Alcoholic Beverage Alcoholic Beverage Control (ABC) License Requests: Control (ABC) Licenses Mama Rose, 2346 Newport Boulevard, Suite B2, for an original Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Baycrest Spirits and Wine Shop, 333 East 17th Street, for a person-to=person transfer of a Type 21 ABC license (off - sale general). WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1688, funding City operating expenses 1688/Payroll 9807 for $406,793.78; and Payroll 9807 for $1,377,724.38. Approved Warrant Warrant Resolution 1689, funding City operating expenses 1689 for $1,221,853.54. FT DENIED CLAIM The claim from Nina Marie Draper and David Thomas Draper/Scott Scott, a minor, by and through his Guardian Ad Litem, Nina Marie Draper, was denied. ADMINISTRATIVE The following action was taken regarding the 1998 Traffic ACTIONS/Fair- Management Services Agreements between the 32" grounds Agree- District Agricultural Association and the City of Costa ments Mesa: Approved Agree- State Contract No. SA-51-98YE, in an amount not to ment SA-51-98YE exceed $2,400.00, to provide traffic management for for Youth Expo Youth Expo 1998 at the Orange County Fairgrounds from Traffic Manage- April 17 through April 19, 1998, was approved; and the ment Police Chief was. authorized to sign on behalf of the City. Approved Agree- State Contract No. SA -52-98F, in an amount not to ment SA -52-9817 exceed $117,000.00, to provide police officers for traffic for Orainge County management at the 1998 Orange County Fair from July Fair Traffic Man- 10 through July 26, 1998, was approved; and the Police agement Chief was authorized to sign on behalf of the City. Accepted Work by Refinishing of Acoustical Ceiling at the Police Facility, 99 Fair Ceiling Savers for Drive and City Hall, 77 Fair Drive, Project No. 97-19, was Acoustical Ceiling completed to the 'satisfaction of the Public Services Director Refinishing, Project on April 7, 1998, by Ceiling Savers International, 18837 No. 97-19 Brookhurst Street; No. 303, Fountain Valley. The work was accepted; the Deputy City Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds 3'5 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Accepted Work by Replacement of Tot Lot Equipment and Handicap Access ORTCO for Re- Improvements at Mesa Verde and Wimbledon Parks was placement of Tot completed to the satisfaction of the Community Services Lot Equipment at Director on April 6, 1998, by ORTCO, Inc., 681 Tustin Street, 'Mesa Verde and Suite 308, Orange. The work was accepted; the Deputy City Wimbledon Parks 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. Adopted Resolution Resolution 98-30 was adopted: A RESOLUTION OF THE 98-30, Sole Source CITY COUNCIL OF. THE CITY OF COSTA MESA, Purchase of CALIFORNIA, TO AWARD A SOLE SOURCE ,CONTRACT FOR Medicall Equipment PURCHASE OF MEDICAL EQUIPMENT FOR THE COSTA MESA FIRE DEPARTMENT. Accepted Work by Environmental Control Systems for Asbestos Re— moval and Demo- lition of a Structure at 782 Shalimar Drive; Project No. 97-01-V Asbestos Removal and Demolition of a Two -Story Apartment Structure and Carport at 782 Shalimar Drive, Project No. 97- 01-V, were completed to the satisfaction of the Public Services Director on January 30, 1998, by Environmental Control Systems, Inc., 29160 Goetz Road, Quail Valley. 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 1 1 1 Performance Bond was ordered exonerated 12 months thereafter. Approved Agree- An agreement was approved with AEF Systems Consulting, ment with AEF for Inc.,' 8502 East Chapman Avenue, Suite 376, Orange, for an PUBLIC HEARING Phase III of the amount not to exceed 5175,000.00, for Phase III of the place set for the public hearing to consider an application Computer Master Computer Master Plan, and the Mayor and Deputy City Clerk Villas, PA -98-08, Plan were authorized to sign on behalf of the City. Commission's approval of Planning Application PA -98-08, for Agreement with Item 12 on the Consent Calendar was presented: Agreement Tatsumi and Part- with Tatsumi and Partners'. 20250 Acacia Street, No. 230, Boulevard, Costa Mesa, for a conditional use permit for ners for TeWinkle Newport_ Beach, for 5138,640.60, for the TeWinkle Park Park Master Plan, Master Plan; and Budget -Adjustment No. 98-64 for story office within 200 feet of a residential zone; and a and Budget Ad- 5112,850.00. Council Member Erickson felt that justment 98-64 5138,640.60was too. expensive for the service that is being constructed on the side property line, located at 242 Victoria rendered. 'A motion,.{,was made by Council Member Erickson, MOTION/Rejected seconded by Council Member Cowan, and carried 5-0, to file in the City Clerk's office. Communications were received Bids and Staff reject all proposals and re -advertise the project. After further Directed to Re- discussion, the City Manager stated that prior to re - permit and the variance; Kay Stanton, 251 "B" Avocado advertise the advertising the project, staff can re-examine the elements in .Project the Request for Proposal (RFP) to reevaluate the. cost. 'No communication from Carl Yanchar, President of Wave Space, action was required for Budget Adjustment No. 98-64. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal from place set for the public hearing to consider an application Victoria Garden from Mark Fork, Manager of the Victoria Garden Villas, 260 Villas, PA -98-08, Victoria Street, No. A3, Costa Mesa, appealing the Planning Bahar/Muratyan Commission's approval of Planning Application PA -98-08, for Arthur Bahar, 704 Promontory Drive West, Newport Beach, authorized agent for Arman Muratyan, 1995 Harbor Boulevard, Costa Mesa, for a conditional use permit for construction of a five -bay, 4,880 -square -foot automotive repair shop (Herb's Garage) with an 800 -square -foot second story office within 200 feet of a residential zone; and a variance from side setback requirements (1.5 feet required, 0 feet proposed) to allow a decorative 'canopy to be constructed on the side property line, located at 242 Victoria Street in a C2 zone. Environmental Determination: Negative Declaration. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. Communications were received from the following: Y.H. Sun, owner of a 32 -unit apartment complex at 241 Avocado Street, opposing the conditional use permit and the variance; Kay Stanton, 251 "B" Avocado Street, property manager, opposing the proposed project; and a second letter from Kay Stanton forwarding a communication from Carl Yanchar, President of Wave Space, Inc., 26741 Portola Parkway, Suite 1E, Foothill Ranch, stating that based on the information ,that has been provided to him, he is of `.the opinion'. that noise levels from the proposed project will exceed that which is permitted by the Municipal Code. The Associate Planner reviewed the Agenda Report dated April 13, 1998. Mark Fork, Manager of the Victoria Garden Villas, 260 Victoria Street, No. A3, Costa Mesa, did not object to a business at this location that would provide a positive image to the community; but he did oppose an auto repair facility which would disrupt the nearby residents. 351. Kay Stanton, Property Manager, 251 "B" Avocado Street, Costa Mesa, provided Council with a copy of her letter stating that the noise from an auto repair facility, which includes pneumatic tools, impact wrenches, and air ratchets, will seriously impact the neighborhood for ten hours a day, six days a week;. She claimed that the Planning staff's assertion that the parking lot is an adequate noise buffer is not supported by scientific study and that no evidence has been offered to show that a parking lot or rear wall will contain the noise: She believed that a properly conducted acoustical analysis of the situation would be a benefit to both the residents and the business owner. Ms. Stanton asked that the following: mitigation measures be required: limit the hours of operation to 9:00, a.m. to 5:00 p.m., Monday through Friday, with no operation on Saturday; require the repair bays to be insulated with sound absorbent material; require an eight -foot block wall on three sides of the property covered with mature plant material; require the dynamometer to be located in the repair bay closest to Victoria Street; and require sound dampening devices on all pneumatic tools. Than Hyun, General Manager of the Victoria Garden Villas, 260 Victoria Street, Costa Mesa, felt that this type of business should not be located within 200 feet of a residential area. He believed that the zoning needed to be re- addressed for that particular use. Mary Hargrove, Manager, 241 Avocado Street, Costa Mesa, presented Council with a petition containing signatures of 12 tenants of the complex who are in opposition to the auto repair facility. Jim Chudzinski, 251 "B" Avocado Street, Costa Mesa, opposed the construction of Herb's Garage which would be located behind his ' residence. Arthur Bahar, 704 Promontory Drive West, Newport Beach, architect for the project, urged Council to approve this project. There being no other speakers, the Mayor closed the public hearing. Council Member ,Somers was concerned about the noise generated from the site and felt that there is not sufficient information for Council to adequately address this issue. MOTION On motion by Council Member Somers, seconded by Mayor Continued to Buffa, and carried 4-1, Mayor Pro Tem Monahan voting no, May 18, 1998 the public hearing: was continued to the meeting of May 18, 1998, in order for staff to provide Council with adequate data on noise levels. PUBLIC HEARING The Deputy City Clerk announced the public hearing, Fees for Massage continued from the meeting of April 6, 1998, to consider a Establishments resolution establishing and adopting schedules of rates, fees, and Practitioners and charges, for services by the City of Costa Mesa pertaining to massage establishments and practitioners. Communications 'were received from four institutions requesting acceptance by the Police Chief as qualified schools of massage: Roberta Dodie Baker, Director of Touching for Health Center,' School of. Professional Bodywork, 628 Lincoln Center, Stockton; Yiding Wang, Acupuncture and Massage Institute of America,: 6513 Whittier Boulevard, Los Angeles; Brita Ostrom, Director, of the Esalen Institute, Highway One, Big Sur; and Suzanne Shonbrun, Co -Director of California Institute of Massage & Spa Services, 730 Broadway, Sonoma. The Budget and Research Officer reviewed the Agenda Report dated April 9, 1998.. Council Member- Cowan asked for an explanation of the $165.00 massage establishment permit fee. The Budget and Research Officer responded that the Police Department will be conducting a background check on the owners of the establishment to determine if any criminal history exists, with an estimated 3Y2 hours of staff time required to research this information. Council. Member Cowan questioned the need for an annual review of massage practitioners and establishments at a cost of $115.00. Responding to a question from Mayor Buffa regarding the massage practitioner test, the Budget and Research Officer stated that the $190.00 fee is for the cost of having a clerical person from the. Police Department administer, monitor, and grade the test, which can take up to four hours to complete. There being no, speakers, the Mayor closed_ the public hearing. MOTION/To Adopt A motion was made by Council Member Erickson, seconded a Resolution by Council Member Somers, to adopt a resolution establishing Establishing' schedules of rates, fees, and charges, for massage Massage Fees establishments and practitioners.' Mayor Buffa opposed the motion because he was concerned about the annual renewal fee and felt the proposed fees were too high. Council Member _ Cowan opposed the motion because she disagreed with the annual renewal fee, believed the fees were very high, and the test was too lengthy. SUBSTITUTE A substitute motion was made by Mayor Pro Tem Monahan, MOTION/Continued seconded by Mayor Buffa, and carried 4-1, Council Member to May 4, 1998 Erickson voting no, to continue the public hearing to the meeting of May 4, 1998, to re-examine the fees. Mayor Buffa asked staff to prepare a breakdown on how they determined the .$190.00 cost for the practitioners test, and requested staff to contact the American Massage Therapeutic Association (AMTA) to obtain their input on the length of the test.. Mayor Pro Tem Monahan suggested starting with lower fees and readjusting the fees, if necessary, in January, 1999. Council Member Somers stated that she would like to review the annual renewal rates in other cities. The Budget & Research Officer stated that she. would provide Council with that information. PUBLIC HEARING The Deputy City Clerk announced that this was, the time and Weed Abatement place set for the public hearing to consider 9 resolution .instructing and authorizing the Fire Chief or his designee to proceed with removal of weeds and rubbish. Notices were sent by the Fire Prevention Division to all affected property owners as required by law. No communications were received. The Fire Marshal summarized the Agenda Report dated April 9, 1998. Dave Salcido, 954 West 17'h Street, Costa Mesa, asked if property owners '.would be cited by the City if they were unable to clean up their properties due to the heavy rains. The Fire Marshal stated that if any property owner plans on removing weeds before they become a fire hazard, he would delay the abatement process. There being no other speakers, the Mayor closed the public hearing. MOTIOIN/Adopted On motion by Council Member Cowan, seconded by Council Resolution 98-31 Member Erickson; and carried 5-0, Resolution 98-31 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, INSTRUCTING AND AUTHORIZING THE FIRE CHIEF OR HIS DESIGNEE TO PROCEED WITH REMOVAL OF WEEDS AND RUBBISH. ADJOURNED TO SPECIAL JOINT At 7:35 p.m., Mayor Buffa adjourned the regular City Council MEETING WITH meeting to a special joint meeting of the City Council and the PFA Costa Mesa Public Financing Authority (PFA). ROLL CALL Board Members Present: Chairperson Peter Buffa Vice Chairperson Gary Monahan Board Member Joe Erickson Board Member Libby Cowan Board Member Heather Somers NEW BUSINESS The Deputy City Clerk presented PFA Resolution 98-1 Authorizing authorizing the issuance of revenue bonds, 1998 Series A, in Issuance of Bonds an amount not to exceed $14,000,000.00. The Acting Finance Director summarized the Agenda Report dated April 13, 1998. MOTION/Adopted On motion by Board Member Somers, seconded by Board PFA Resolution Member Erickson,; and carried 5-0, PFA Resolution 98-1 was 98-1 adopted: A RESOLUTION OF THE -COSTA MESA PUBLIC FINANCING AUTHORITY (PFA) AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $14,000,000.00 PRINCIPAL AMOUNT OF REVENUE BONDS, 1998 SERIES A (PUBLIC FACILITIES PROJECT), DIRECTING EXECUTION OF INDENTURE OF; TRUST AND LEASE AGREEMENT, AUTHORIZING SALE OF BONDS AT PUBLIC SALE, APPROVING AN OFFICIAL STATEMENT, AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. 1 1 355 -NEW BUSINESS The Deputy City Clerk presented a resolution of the City Lease Agreement Council providing for approval of 'a lease agreement in with PFA connection with the issuance of certain bonds by the Costa Mesa Public Financing Authority (PFA). The Acting Finance Director summarized the Agenda Report dated April 13, 1998. MOTION/Adopted On motion by`FCouncil Member Erickson, seconded by Council Council Resolution Member Somers, and carried 5-0, Resolution 98-32 was 98-32 adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA, MESA, CALIFORNIA, PROVIDING FOR APPROVAL OF A LEASE AGREEMENT IN CONNECTION WITH THE ISSUANCE OF CERTAIN BONDS BY THE COSTA MESA PUBLIC FINANCING AUTHORITY (PFA), APPROVING ISSUANCE AND SALE OF SUCH BONDS, APPROVING AN OFFICIAL STATEMENT, AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO. COUNCIL MEETING At 7:40 p.m., Mayor/Chairperson Buffa adjourned the special RECONVENED joint meeting of the City Council and the Costa Mesa Public Financing Authority, and reconvened the regular City Council meeting. Next Item Taken Mayor Buffa announced that New Business No. 7 would be Out of Order taken out of order and presented at this time. NEW BUSINESS The Deputy City Clerk presented a recommendation from the :-Skateboard Park Parks, Recreation . Facilities, and Parkways Commission, to develop two unsupervised skate board parks. The Community Services Director reviewed the Agenda Report dated April 8, 1998. Council Member Erickson noted that Balearic Center is not being considered for the second skateboard park site because it is property leased from the Newport -Mesa Unified School District. Paul Schmitt, owner of Giant Skateboard Distribution, 1099 Baker Street, Costa Mesa, urged Council to proceed with the skateboard parks, and presented Council with a $10,000.00 donation towards the project. Stephen Harrigan, 3002 Donnybrook Lane, Costa Mesa, supported the skateboard park development. Jim Gray, ABC Board Supply (Acme Skateboard Products), 1012 Brioso Drive, No. 106, Costa Mesa, thanked Council for recognizing a need for skateboard parks in the. City. MOTION/Approved A motion was -made by Mayor Buffa, seconded by Council Park in Concept; Member Somers, and carried 5-0, approving in concept one Public Hearing Set skateboard park at Lions Park and a second site to be for May 18, 1998 determined later; .setting a public hearing for May 18, 1998, at 6:30 p.m., to add Section 12-21 to the Municipal Code; and directing that the Advisory Committee of Teens (ACT) shall be involved -in the public hearing process, and the location and design of both sites. OLD BUSINESS The Deputy City Clerk presented from the meeting of April 6, Land Use and 1998, second reading and adoption of Ordinance 98-11, Licensing of regarding special', land use regulations for adult businesses, Adult Businesses and to provide for licensing and regulation of adult business. MOTION/Adopted On motion by Council Member Somers, seconded by Council Ordinance 98-11 Member Cowan, and carried 5-0, Ordinance 98-11 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TABLE 13-30 OF SECTION 13-30 OF CHAPTER IV OF TITLE 13 OF THE COSTA MESA MUNICIPAL CODE; REPEALING SECTION 13-135 OF ARTICLE 1 OF CHAPTER IX OF TITLE 13; AMENDING ARTICLE 1 OF CHAPTER IX OF TITLE 13 REGARDING SPECIAL LAND USE REGULATIONS, SEXUALLY -ORIENTED BUSINESSES; AMENDING CHAPTER IV OF TITLE 9, PROVIDING FOR LICENSING AND REGULATION OF SEXUALLY -ORIENTED BUSINESSES; AND REPEALING SECTIONS INCONSISTENT THEREWITH. i OLD BUSINESS The Deputy City Clerk presented a request regarding repeal of Repeal of Municipal Municipal Code Section 12-53 which requires any lodge, Code Section society, social organization, group, sports league, or team, 12-53, Permits for social club, or other organization having 10 or more members Use of Parks to obtain a permit for park use. The Community Services Director reviewed !the Agenda Report dated April 2, 1998. Mayor Pro Tem Monahan clarified that it was not his intent to change the reservation process, but to make sure that the City would not require a permit for having barbecues in the parks. Council agreed not to repeal Section 12-53; therefore, the ordinance will remain in force. OLD BUSINESS The Deputy City'. Clerk presented the 1997-98 Community 1997-98 Com- Objectives, Third Quarter Report. The Budget and Research munity Objectives Officer reviewed 'the Agenda Report dated April 9, 1998, noting that Objective 98-E11, review use of overtime throughout the City, as listed on page 2 of the Agenda Report, needs to 'stay on the Community Objective reporting list so that staff can determine how overtime costs may be reduced. MOTIOIN/Reviewed A motion was made by Council Member Cowan, seconded by and Approved the Council Member 'Somers, and carried 5-0, accepting the Report report. NEW BUSINESS The Deputy City Clerk presented a request to make Local Law Enforce- appointments to the Local Law Enforcement Block Grant Ad ment Committee Hoc Committee. iThe Management Analyst summarized the Appointments Agenda Report dated April 13, 1998. MOTIOIN/Members A motion was made by Council Member Somers, seconded Appointed by Council Member Erickson, and carried 5-0, to appoint local law enforcement agency representative, Michael T. Hyams; Prosecutor's office representative, Bryan R. Kazarian; court system representative, Jim Peterson; school system representative, Lynne Bloomberg; a non-profit group active in crime prevention or drug use prevention or treatment representative, Anthony Petros; and other interested 1 1 individuals, Dave', Salcido; , Lowell. J. Leyrer; and Regina McMillian Culbertson to the committee; and Council Member Somers was appointed as Council.liaison for the committee. NEW BUSINESS The Deputy City ' Clerk presented a request to make Fairview Park appointments to the. Fairview Park , Committee. The Committee Management Analyst summarized the Agenda Report dated Appointments April 14, 1998. MOTION/Members A motion was made by. Council Member Somers, seconded Appointed by Council Member Cowan, and carried 5-0, to appoint a Bark Park representative, Peggy Toledano; Releaf Costa Mesa representative,, Liz Meyer; Orange County Model Engineer Association 'representative, Robert Platfoot; and the General Director from the Harbor. Soaring Society for four-year terms; and Linda Dixon. was appointed to represent the Planning Commission. NEW BUSINESS The Deputy City Clerk presented an ordinance amending Curfew for Minors Chapter III of Title 11 of the Costa Mesa Municipal Code pertaining to curfew on minors. The Police Captain reviewed the Agenda Report dated March 28, 1998. The City Attorney explained that curfew on minors ordinance needed to be updated to recognize certain constitutional defenses for minors. MOTION On motion by Council Member Somers, seconded by Council Ordinance 98-12 Member Erickson, and, carried 5-0, Ordinance 98-12 was Given First Reading given first reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER III OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO CURFEW ON MINORS. NEW BUSINESS The Deputy City Clerk presented the sixth annual review of Annual Review of the 1990 General Plan. The Deputy , City Manager 1990 General Plan summarized the'Agenda Report dated April 10, 1998. MOTION On motion by Council Member Erickson, seconded by Council Received and Filed Member Cowan, .and carried 5-0, the report was received and filed. NEW BUSINESS The Deputy City Clerk 'presented a request for a premise -to - Alcoholic Beverage premise transfer of a Type 47 Alcoholic Beverage License (on - Request from sale general for a bona fide eating place) from Marrakesh Marrakesh Restaurant, 1976 Newport Boulevard. The Deputy City Restaurant Manager summarized the Agenda Report dated April 8, 1998. In response to `a question from Council Member Cowan, the Deputy' City Manager stated that as a policy, Alcoholic Beverage Control does not issue ABC licenses until a conditional use permit has been approved by the City, yet it could be issued in error; therefore, if Council files a protest, it will ensure that a license will not be issued. Motion to Protest A motion was made by Council Member Somers to protest the Premise -to- the premise -to -premise transfer until a conditional use permit Premise Transfer has been approved by the Planning Commission. The motion ABC License Died died for lack of a second. 35'7 MOTION/Directed A motion was made by Council Member Erickson, seconded Staff to Send a by Mayor Pro Tem Monahan, and carried 4-1, Council Letter to ABC Member Somers voting no, directing staff to send a letter to ABC stating that 'the applicant has a conditional use permit request scheduled for the Planning Commission meeting of May 11, 1998, and that the ABC license should be granted only if the conditional use permit is approved. RECOGNITION Mayor Buffa recognized Arlene Schafer, former Mayor of Costa Mesa, who was in attendance. NEW BUSINESS The Deputy City Clerk presented a request from the Orange Request from County Model Engineers' (OCME) to build a rest room and OCME to Build a snack bar at "Goat Hill Station" in Fairview Park; and to Rest Room and appropriate $20;000.00 to assist OCME with the Snack Bar at Fair- construction. The Community Services Director reviewed the view Park Agenda Report dated April 10, 1998. Richard Mehren,, 1824 Kinglet Court, Costa Mesa, encouraged Council to support this project. MOTION Approved A motion was made by Council Member Cowan, seconded by Request Council Member Somers, and carried 5-0, to approve the request ,from OCME; and to appropriate up to $20,000.00 in the 1998-99 Capital Improvement Budget. NEW BUSINESS The Deputy City Clerk presented a recommendation from the Naming the Farm Parks, Recreation'; Facilities, and Parkways Commission to Property Soccer name the Farm Site: property at 2750 Fairview Road, "Costa - Complex Mesa Farm Sports Complex". The Community Services Director reviewed the Agenda Report dated April 8, 1998. Council Member Cowan thought that the name was too long; nevertheless, ,she wanted the word "farm" retained because it provides an historical concept. Mayor Buffa stated that the site was used for an agricultural program for the high school but there is not much history behind it. Council Member 'Somers believed that the site has local historical significance. MOTION/Approved A motion was made by Council Member Somers, seconded Name "Costa Mesa by Council Member Erickson, and carried 5-0, to consider Farm Sports "Costa 'Mesa Farm Sports Complex" as the complete Complex" name. CITY ATTORNEY'S The City Attorney summarized his Report No. 98-27 dated REPORT/Cable April 14; 1998, and an ordinance amending Chapter 1 of Title Communications 19 of the Costa 'Mesa Municipal Code to provide updated System minimum regulations for granting a nonexclusive franchise, and construction and operations of a cable communications system within the City of Costa Mesa. MOTION/Reviewed On motion by Council Member Erickson, seconded by Council Report; Continued Member Cowan, and carried 5-0, the City Attorney's to May 18, 1998 comments were received, and this item was continued to the meeting of May 18, 1998. COUNCIL COMMENTS Neighbors -for Neighbors Event ADJOURNMENT Council Member Erickson announced that the Neighbors -for - Neighbors event will be held on Saturday, April 25, 1998, from 9:00 a.m. to 12:00 p.m. at Canyon Park and in the JoAnn Street neighborhood. The Mayor declared the meeting adjourned at 8:35 p.m. Mayor of the City of C esa ATTEST: T' Deputy City C rk of the City of Costa Mesa 1