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HomeMy WebLinkAbout11/18/1996 - City Council342 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA NOVEMBER 18, 1996 The City Council of the City of Costa Mesa, California, met in regular session November 18, 1996, 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 Hornbuckle, and invocation by the Reverend Conrad Nordquist, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Mayor Joe Erickson Mayor Pro Tem Peter Buffa Council Member Mary Hornbuckle Council Member Sandra Genis Council Member Gary Monahan 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 Police Captain Dave Brooks Police Sergeant Clay Epperson Assistant to the City Manager Ann Gyben Deputy City Clerk Mary Elliott MINUTES On motion by Mayor Pro Tem Buffa, seconded by Council November 4, 1996 Member Hornbuckle, and carried 5-0, the minutes of the regular meeting of November 4, 1996, were approved as distributed. ORDINANCES AND A motion was made by Mayor Pro Tem Buffa, seconded by RESOLUTIONS Council Member Genis, and carried 5-0, to read all ordinances and resolutions by title only. ANNOUNCEMENT Mayor Erickson recognized former Costa Mesa Mayor Arlene Schafer and former Vice Mayor Jay Humphrey who were in attendance. ORAL COMMUNI- Larry Weichman, Mesa Pride and Mesa North Community CATIONS Association, read a prepared speech which addressed the Coolidge and disrepair of City -owned alleys behind Coolidge Avenue and Fillmore Alley Fillmore Way. He stated that he had originally advised Conditions Council of his concerns in November, 1995, and reported that many code violations had been observed along these alleys which are similar to those on Shalimar Drive. Mr. Weichman .complained about the lack of code enforcement officers in the Building Department and suggested hiring two additional persons. Council Members Jay Humphrey, 1620 Sandalwood Street, Costa Mesa, Recognition thanked outgoing Council Members Hornbuckle and Genis for their outstanding work, and congratulated the Mayor on his reelection.. Mayor Erickson announced that the newly elected Council Members will assume office at the Council meeting of December 2, 1996. Meeting Notices Charlene Kess, 188 The Masters Circle, Costa Mesa, expressed an interest in Public Hearing No. 2 in relation to mini -storage warehouses, and stated that she had not received meeting notices in the mail. The City Manager responded that property owner notification occurs when a specific project is being considered. The Deputy City Manager offered to meet with Ms. Kess to review the situation. CONSENT On motion by Mayor Pro Tem Buffa, seconded by Council CALENDAR Member Hornbuckle, and carried 5-0, all Consent Calendar MOTION/Approved items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Victor M. Bonilla; James M. Hernandez; Keith Menne; Daniel Gene Nelson; and John M. Tornow. Public Utilities Notice from Southern California Gas Company that it has Commission filed Application No. 95-06-002 with the Public Utilities Commission requesting adoption of a Performance Based Regulation which would significantly change the current cost of service regulation. Notice from the Public Utilities Commission that an application has been filed by Pacific Enterprises, Enova Corporation, Mineral Energy Company, B Mineral Energy Sub and G Mineral Energy Sub for approval of a plan of merger of Pacific Enterprises and Enova Corporation with and into B Mineral Energy Sub ("Newco Pacific Sub") and G Mineral Energy Sub ("Newco Enova Sub"), the wholly- owned subsidiaries of a newly created holding company, Mineral Energy Company. WARRANTS Warrant Resolution 1637, funding City operating expenses in Approved Warrant the amount of $902,617.48; and Payroll 9622 for 1637; Payroll 9622 $1,388,370.77, were approved. ADMINISTRATIVE Bids received for Bid Item No. 1,000 (Item 1), Annual Median ACTIONS/Awarded and Parkway Turf Maintenance: Service, are on file in the City Bid 1000 (Item 1), Clerk's office. The contract was awarded to Azteca Turf Maintenance, Landscape, 10964 Roswell Avenue, Pomona, in an amount to Azteca not to exceed $41,801.00 per year. Awarded Bid Item Bids received for Bid Item No. 1000 (Item 2), Annual Athletic 1000 (Item 2), Facility Maintenance Service, are on file in the City Clerk's Athletic Facility office. The contract was awarded to Toyo Landscaping Maintenance, to Company, 12891 Nelson Street, Garden Grove, in an amount Toyo not to exceed $50,000.00 per year. 343 . 344 Accepted Work by :Red Hill Avenue Interconnect, Project No. 96-05, was Signal Maintenance completed to 'the satisfaction of the Public Services Director for Red Hill Avenue 'on August 22, 1996, by Signal Maintenance, Inc:, 2283 Via Interconnect, 'Burton Street, Anaheim. The work was accepted; the Deputy Project 'City Clerk was authorized to file a Notice of Completion; No. 96-05 authorization was given to release retention monies 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 6 months thereafter. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Council Policy No. place set for the public hearing to consider Council Policy No. 500-8, Liquor 500-8, creating a review process for new and transfer License Review applications of liquor licenses, and for filing protest and Process accusation letters regarding existing liquor licenses. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Deputy City Manager ,summarized the Agenda Report dated September 18, 1996, noting the addition of Section 10 which allows the Planning Commission to make a finding of public convenience or necessity when both a conditional use permit and an Alcoholic Beverage. Control (ABC) license are required. There 'being no speakers, the Mayor closed the public hearing. MOTION :On motion by Council Member Hornbuckle, seconded by Adopted Policy Council Member Monahan, and carried 5-0, Policy No. 500-8 was adopted, including the addition of Section 10. PUBLIC HEARING The Deputy City Clerk announced that this was the time and GP -96-02A, Perry/ place set forthe public hearing to consider General Plan Sibling Associates I Amendment GP -96-02A, City of Costa Mesa and authorized agent John C. Petry, Sibling Associates I, 2699 White Road, Suite 150, Irvine, to amend the Land Use Element to establish a development intensity standard (floor area ratio = .75 FAR proposed), for very low traffic -generating land uses (for example: mini -storage warehouses) within nonresidential land use designations. Environmental Determination: Negative Declaration. 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 November 5, .1996. Mayor Erickson stated for the record that a proposed substitute text to the General Plan Amendment had been distributed to Council, said text clarifying the provision which allows other uses to be considered under the overall 0.75.FAR. Charlene Kess, 188 The Masters Circle, Costa Mesa, asked if the City had approved "the mini -storage" in her neighborhood, and was informed by the Mayor that they had ,not. He reiterated that a General Plan Amendment was under consideration, not a specific project. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Adopted Resolution Council Member: Monahan, and carried 5-0, adopting 96-98 Resolution 96-98, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -96-02A, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, including adoption of the Negative Declaration of Environmental Impact, and an amendment to Exhibit "A" of the resolution, changing the last sentence of the last paragraph on Page 381: "Projects, which include very low traffic -generating land uses in addition to other commercial uses, may be developed at the maximum 0.75 FAR standard as long as the other uses on the site do not exceed the intensity which could be developed if 20 percent of the total lot area was devoted to such uses at the FAR which would otherwise apply to such uses." OLD BUSINESS The Deputy City. Clerk presented from the meeting of R-96-03 November 4, 1996, second reading and adoption of Fink/Ibrahim Ordinance 96-12, adopting Rezone Petition R-96-03, Mark Fink/George Ibrahim, changing the zoning at 2490 Fairview Road. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Adopted Ordinance Member Monahan, and carried 5-0, Ordinance 96-12, AN 96-12 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-96-03, CHANGING THE ZONING AT 2490 FAIRVIEW ROAD FROM R3 TO C1, was given second reading and adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of Regulation of Dogs November 4, 1996, second reading and adoption of Ordinance 96-13, pertaining to regulation of dogs, and City Attorney's Report No. 96-78B. The City Attorney reviewed his report dated November 7, 1996. MOTION On motion by Council Member Hornbuckle, seconded by Adopted Ordinance Council Member Monahan, and carried 5-0, Ordinance 96-13, 96-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 12-42 OF TITLE .12 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO REGULATION OF DOGS, GENERALLY, was given second reading and adopted. Council Member Genis requested that these rules be posted in the Bark Park. OLD BUSINESS The Deputy City Clerk presented City Attorney's Report No. Financial and 96-41C on Financial and Purchasing Powers of the City: Purchasing Powers An ordinance pertaining to General Finances of the City of Costa Mesa and of the Finance Director. An ordinance pertaining to the purchasing system of the City of Costa Mesa. Resolution approving the City of Costa Mesa Purchasing Policies and Procedures Manual. The City Attorney reviewed his report dated September 25, 1996. Council Member Genis suggested amending Page 23, Item (i), to read, "When in the best interest of the City and when necessary to adhere to time lines established by other agencies....". 346 MOTION On motion by Council Member Monahan, seconded by Mayor First Reading Given Pro Tem Buffa, and carried 5-0, the following action was to Ordinances 96-14 taken: and 96-15; Adopted Resolution 96-99 Ordinance 96-14, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 1 OF CHAPTER V OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO GENERAL FINANCES OF THE CITY OF COSTA MESA AND OF THE FINANCE DIRECTOR, was given first reading and passed to second reading. Ordinance 96-15, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING ARTICLE 2 OF CHAPTER V OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO THE PURCHASING SYSTEM OF THE CITY OF COSTA MESA, incorporating the change to Section (i), Page 23, as suggested above, was given first reading and passed to second reading. Resolution 96-99,, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE CITY OF COSTA MESA PUCHASING POLICIES AND PROCEDURE MANUAL, was adopted. OLD BUSINESS The Deputy City Clerk presented a resolution approving Addendum No. 3 Addendum No. 3 to the Memorandum of Understanding to the ABLE MOU (MOU) for the Airborne Law Enforcement (ABLE) Services Agency. The Police Captain reviewed the Agenda Report dated November 18, 1996. MOTION On motion by Mayor Pro Tem Buffa, seconded by Council Adopted Resolution Member Monahan, and carried 5-0, Resolution 96-100, A 96-100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING ADDENDUM NO. 3 FOR AIRBORNE LAW ENFORCEMENT SERVICES, was adopted, incorporating the following changes to Addendum No. 3: adding Paragraph 4.11, authorizing the City Manager to sign a Letter of Intent to purchase a new helicopter; adding Paragraph 4.12, authorizing ABLE to continue as the prime contractor for services for LoJack Corporation; amending Paragraph 6.02, Subparagraph B, to give each agency 120 days prior to the end of the fiscal year to give notice for 'withdrawal; and adding Paragraph 7.04, establishing a procedure for ABLE to sell equipment in the event the MOU is terminated. OLD BUSINESS The Deputy City Clerk presented from the meeting of Library Services November 4, 1996, the Library Services Committee Committee recommendation regarding hours of operation for the libraries Recommendations under Option 2. The Assistant to the City Manager reviewed the Agenda Report dated November 12, 1996. John Adams, County Librarian, reported that the City's $68,547.00 allocation under the revised formula was actually only $60,494.00, with the difference representing the cost for a full-time children's librarian for the Donald Dungan branch. He noted that the allocation will be spent on augmenting the collections beyond the base book and 7 materials budget or expanding hours in order to make the libraries more accessible. He suggested consideration of a compromise such as expanding hours at one of the branches and utilizing the balance for more materials. He stated that this subject may be readdressed at a later date but did not endorse changing the library hours once they are in place. He supported adding Sunday hours. Eleanore Humphrey, 1684 Whittier Avenue, Costa Mesa, Chair of the Library Services _Committee, reported that the committee recommends revising the hours of the Donald Dungan branch to include Sundays from 12:00 p.m. to 5:00 p.m. and revise the Mesa Verde branch hours to include Thursdays from 6:00 p.m. to 9:00 p.m. She proposed spending the balance of the money on purchasing hard cover and electronic adult reference materials.' Mrs. Humphrey commented that ` the committee is concerned about the difference in cost between the two libraries to add Sunday hours, specifically $36,902.00 per year for the Mesa Verde branch as opposed to $23,592.00 per year for the Donald Dungan branch. The Assistant to the City Manager indicated that the five hours proposed for Sundays at the Donald Dungan branch would only be marginally more expensive than opening for four hours. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, wanted to see the Donald Dungan branch continue to have Sunday hours, as opposed to initiating evening hours. Overall, he thought that both libraries should maintain the same hours. MOTION A motion was made by Council Member Genis, seconded by Approved Extended Council Member Hornbuckle, to approve extending the Mesa Library Hours Verde branch hours on Thursday nights from 6:00 p.m. to 9:00 p.m. through reallocation of existing hours, to initiate Sunday hours of 1:00 p.m. to 5:00 p.m. at both branches, assuming the minimal staffing rate at the Donald Dungan branch, and to use any additional funding for materials, including periodicals. Council Member Genis clarified that the cost to open both branches for four hours on Sundays will be approximately $39,000.00. Council Member Hornbuckle suggested modifying the motion to extend the Donald Dungan branch hours on Thursday evening to 9:00 p.m., also by reallocating existing hours. The maker of the motion agreed. Ken White, 2824 Shantar Drive, Costa Mesa, member of the Library Services Committee, stated that Monday night is reportedly the busiest night of the week. Paul Belous, 1810 Pitcairn Avenue, Costa Mesa, proposed obtaining statistics by counting the number of patrons who utilize the libraries. He thought that both libraries should be open on Sundays. AMENDED MOTION Council Member Genis amended her motion to open one hour Specified Realloca- later each morning on Tuesday, Wednesday, and Thursday tion Hours (open.ing at 11:00 a.m.) to cover the extended Thursday evening hours (open until 9:00 p.m.). The seconder concurred. Substitute Motion to :A substitute motion was made by Council Member Monahan Direct Library ;to use the ' additional funds for the book collection and to Services Committee direct the Library Services `Committee to investigate how to Died reallocate hours, how the janitorial comes into "play", and to determine how the Sunday afternoon and Thursday evening opening will work, in time for the July reallocation. The substitute motion died for lack of a second. Council Member Hornbuckle commented that it would be ;preferable to have the Sunday hours in place and see whether or not they actually work. Council Member Monahan opposed the original motion because he thought the goals could not be accomplished with the given dollar figures. 'He stated his priority had been to add to the collection with 'the library hours given second consideration. The motion carried 4-1, Council Member Monahan voting no. NEW BUSINESS The Deputy City Clerk presented an agreement with the Agreement with 'Costa Mesa Senior Corporation to maintain and operate a Costa Mesa Senior multipurpose senior citizens facility, including all programming Corporation and services conducted at the facility. The Community Services Director reviewed the Agenda Report dated November 13, 1996. He clarified that the City is encouraging -the Senior Center Board to increase their fund-raising efforts, ,but he felt that they would not become self -funding. Council Member Monahan opposed exceeding the City's .contribution level during a fiscal year. The City Manager explained that even though the Community Services Department processes payments to the Senior Center, the Finance Department controls the expenditures. He reported that each year a separate appropriation is established, and ,the department may not spend over that which is contained ,in the budget and the agreement. ,Council Member Hornbuckle, Council representative to the Senior Corporation Board of Directors, referenced the first page of the agreement, Paragraph 4, Use, "TENANT shall use the PREMISES only for providing senior citizen services and programs and for- no other purpose without CITY'S prior written consent.", and asked Council, on behalf of the Board, to prepare. a letter granting consent to rent out rooms for fund-raising purposes. She clarified that she did not vote on the agreement at the Board level. Sandy Pinkerton, 852 Sonora Road, Costa Mesa, President of the Board of Directors, thanked the City for their contributions to the Senior Center. Laura Smith, Executive Director of the Senior Corporation, in reference to a prior question asked by Council Member Monahan, stated that there had previously been an additional $14,000.00 grant for transportation which may have been added into the City's figures. She reviewed new funding sources such as private grants and.the rental program. She reported that the membership fee is $12.00 per year, and the current membership stands at 1352 which will generate $17,000.00 this year. Ms. Smith responded to questions from Council. 1 i 349 Mary Stockton, 1210 Londonderry Street, Costa Mesa, stated that it was the not City's duty to entertain senior citizens. Ann Shereshevsky, 2152 Elden Avenue, Apartment 1, Costa Mesa, complained about a newspaper article addressing Senior Center funding which she felt was negative. She reported on activities at the Center such as a daily hot lunch, health screening, income tax assistance, and more. Jay Humphrey, 1629 Sandalwood Street, Costa Mesa, observed that this program was instituted during the depth of the recession when monies were. not forthcoming. He felt that.it was important to keep in mind the positive influence of the Center and the services offered. MOTION A motion was :_,,made by Council Member Hornbuckle, Approved Agree- seconded by Council Member Monahan, and carried 5-0, to ment approve the agreement, to authorize the Mayor and Deputy City Clerk to sign, and to approve forwarding a letter to the Senior Corporation granting consent to rent out the rooms in the building when it does not conflict with senior citizen services and programs. Council Member Monahan wished to retain dialogue between the Senior Corporation and the Council, and encouraged working towards an increase in fund-raising and endowments. Laura Smith, Executive Director, addressing classes held at the Senior Center, reported that there are seven emeritus classes at no charge through Coastline College, plus 50 educational and recreational programs, including three Spanish classes, French, computers, etc., for which there is a charge. NEW BUSINESS The Deputy City Clerk presented a request for an original ABC License for Type 41 Alcoholic Beverage License (on -sale beer and wine Arriba Baja Grill for a bona fide public eating place) from Arriba Baja Grill Restaurant, 901-C South Coast Drive, Suite 160. The Deputy City Manager summarized -the Agenda Report dated November 5, 1996. MOTION A motion was made by Council Member Hornbuckle, Received and Filed seconded by Mayor Pro Tem Buffa, and carried 5-0, to receive and file the request. NEW BUSINESS The Deputy City Clerk presented a request for a person -to - ABC License for person transfer of a Type 20 Alcoholic Beverage License (off - Bristol Plaza sale beer and wine) from Bristol Plaza Chevron, 300 Bristol Chevron Street. The Deputy City Manager reviewed the Agenda Report dated November 6, 1996. MOTION A motion was made by Mayor Pro Tem Buffa, seconded by Received and Filed Council Member Monahan, and carried 5-0,. to receive and file the request. NEW BUSINESS The Deputy City Clerk presented a request for a person -to - ABC License for person transfer of a Type 47 Alcoholic Beverage License (on - Red Lion Inn sale general for a bona fide public eating place) and a Type 66 (controlled access license) from Red Lion Inn, 3050 Bristol 35® Street. The Deputy City Manager summarized the Agenda Report dated November 5, 1996. MOTION A motion was made by Council Member Monahan, seconded Received and Piled by Mayor Pro Tem Buffa,' and carried 5-0, to receive and file the request. NEW BUSINESS The Deputy City dei rk presented a request for preapproval of ABC License for a premise -to -premise transfer of a Type 20 Alcoholic New Cost Market Beverage License (off -sale beer and wine) from New Cost Market, 2228 Newport Boulevard, Suite A. The Deputy City Manager summarized the Agenda Report dated November 8, 1996, stating that the transfer is within the City in an area with an overconcentration of liquor licenses and statistically high crime. Jennifer Thai, owner of New Cost Market, asked Council to support her application to obtain an ABC license. She agreed that she is willing to modify the closing time for the sale of alcoholic beverages to 10:00 p.m. She assured Council that the sale of adult movies and periodicals will cease immediately upon their procuring -an ABC license. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, opposed the City's supporting the New Cost Market in their attempt to procure an ABC license. He asked if the City imposed the same time restrictions on other businesses. Heather Somers, 427 East 17th Street, Costa Mesa, objected to this request as the establishment is located within 50 yards of a residential area, and thought that the conditions would be difficult to enforce. John Beyers, 2560 Newport Boulevard, No. 11, Costa Mesa, spoke in opposition to the City's support because of the heavy concentration of businesses that serve alcohol in this area. The Police Sergeant stated that the Police Department is taking a neutral position, and reported that there has been a lack of significant crime at this location and relatively few calls for service. He indicated that the majority of alcohol- related problems occur within a time -frame of early evening until early morning on weekends. Roy Pizarek," 1923 'Whittier Avenue, Costa Mesa, asked if restrictions on the sale of alcohol had been placed on other businesses. Mayor Erickson responded that this had occurred a number of times. MOTION A motion was made by Council Member Monahan, seconded Supported Request by Mayor Pro Tem Buffa, and carried 4-1, Mayor Erickson voting no, to reconsider the request and allow the subject business to have an ABC license based on new information, to make a finding of public convenience or necessity, and to strongly recommend to -the ABC to condition the license as follows: No alcoholic beverages shall be consumed on any property under the control of the licensee. Sales and service of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 10:00 p.m. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. _ The applicant shall police the area under their control every half-hour from 4:00 p.m. to close, in an effort to prevent the loitering of persons about the premises. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not -,.disturb the normal privacy and use of any neighboring residences. The applicant shall notify and cooperate with their local law enforcement agency regarding nuisance complaints such as loitering, drunks, trespassing incidents, and any observed suspicious behavior. The applicant shall post signage precluding loitering and consumption of alcoholic beverages on site. Applicant shall post signs in compliance with any and all municipal codes in both English and any predominant -- second language in regard to open containers. Employees on duty after 7:00 p.m. who sell beer and wine shall be at least 21 years of age. The business will be equipped with a security camera that is capable of recording an image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras will be maintained in proper working order at all times and shall be subject to periodic inspection by the local police department. There will be no new ABC license for the sale of beer and wine for off-site consumption.. The .license shall be transferred from within the City of Costa Mesa. The applicant will immediately terminate their sale of adult videos and magazines. Council Member Genis stated that she would normally oppose the motion; however, the applicant has represented that they will be transferring the license from another problem area. Council Member Hornbuckle hoped that the crime statistic maps would be updated. Mayor Erickson opposed the motion because there are a number of problems currently being addressed by the Newport Boulevard Specific Plan and thought that there is an overconcentration of ABC selling establishments in this area. ,351 352 CITY ATTORNEY'S 'The City Attorney presented from the meeting of October 21, REPORT 1996, consideration of sending an accusation letter to ABC License for 'Alcoholic Beverage Control(ABC) in connection with a Garibaldi Edi Noche person-to=person .transfer of a Type 48 license (on -sale general for public premises) for Garibaldi di Noche, 810 West 191h Street. The City Attorney reviewed his report dated November 12,. 1996. He noted for the record that a 'communication was received from Steven C. Burtnett, Post Office Box 3306, Running Springs, attorney for Juan Carlos Valdez, indicating that if Council approves an "accusation", Mr. Valdez will not pursue purchase of the property and requested that the protest against his purchase' be withdrawn. A communication was also received from Paul E. Luna, Supervising Investigator, Department of Alcoholic 'Beverage Control, 3810 Rosin Court, Suite 150, Sacramento, acknowledging receipt of the City's protest. Alan Gandall, 110 Newport Center Drive, Suite 200, Newport Beach, acknowledged that he was the broker handling the sale of this establishment, and reported on the sequence of ,events. He defended the current owner, and stated that she is looking forward to working with the City in the future. Juan Carlos Valdez, Laguna Niguel, asked Council to reconsider the protest because of the negative impact on his record should he attempt to purchase another bar: He stated that he would not proceed with the purchase should the "accusation" letter be filed with the ABC. ;Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, supported sending the "accusation" letter, and alleged that the bar has had a negative impact on the community. Mr. Gandall clarified for Mr. Pizarek that Ms. Gonzales, owner of Garibaldi de Noche, also has used the name Helguero because it was her married name but she has since divorced. MOTION :A motion was made by Council Member Monahan, seconded Gave Directions to by Mayor Pro Tem . Buffa, and carried 5-0, to authorize the Staff City Attorney to issue a notice of objectionable conditions to Ms. Gonzales, to direct the Police Chief to file the accusation letter with the ABC, to authorize the City Attorney's office to prosecute the accusations with the ABC, and request that the ABC stay the hearing 'on the protest letter pending the prosecution of the accusations. The City Attorney acknowledged that the entire package of 'Agenda Report materials will be forwarded to the ABC, including any additional information received prior to their being sent. Mayor Erickson asked the City Attorney to keep ,interested parties apprised of the progress with the ABC. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Section 54956.9(a) to discuss Robert W. for Closed Session: Foster and Steven D. Campbell v. City of Costa Mesa, Foster/Campbell v. 'Orange County Superior Court Case No. 760655. Mayor City Erickson announced that closed, session would be held at the conclusion of regular business. f CITY MANAGER'S The City Manager announced that notification had been REPORT received from the Registrar of Voters that certification of the Seating of Council election should be complete by November 26, 1996, so that Members new Council Members may take office on December 2, 1996. COUNCIL Council Member Hornbuckle thanked staff for their quick COMMENTS response to a, problem with striping the street. The Public Street Striping Services Director replied that repairs had been made to the steering of the striper which had originally caused the problem. ADJOURNMENT At 9:00 p.m., the Mayor adjourned the meeting to a closed TO CLOSED session in first floor Conference Room C to discuss the item SESSION previously announced by the City Attorney. MEETING The Mayor recon,v.ened the meeting at 9:15 p.m., and the RECONVENED action taken during closed session was announced. MOTION/Approved Regarding Robert W. Foster and Steven D. Campbell v. City Settlement in of Costa Mesa, Orange County Superior Court Case No. Foster/Campbell v. 760655, by a vote of 5-0, Council approved the settlement City recommendation as outlined in the Assistant City Attorney's confidential memorandum dated November 14, 1996. ADJOURNMENT The Mayor declared the meeting adjourned at 9:20 p.m. Mao of the City of Costa Mesa ATTEST: Deputy Ci Clerk of the City of Costa Mesa 353