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HomeMy WebLinkAbout01/20/1997 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA January '20, 1997 The City Council of the City of Costa Mesa, California, met in regular session January 20, 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 Cowan,, and invocation by Pastor Mark Rogers, Prince of Peace Lutheran 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 Communications Director Vince Whelan Housing and Redevelopment Manager Muriel Ullman Police Lieutenant Alan Kent Management Analyst Irma Hernandez Deputy City Clerk Mary Elliott MINUTES On -motion by Council Member Erickson, seconded by Council January 6, 1997 Member Cowan, and carried 5-0, the minutes of the regular meeting of January 6, 1997, were approved as distributed. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Cowan, and carried 5-0, to read all ordinances and resolutions by title only. ORAL COMMUNI- Greg Brown, 2501 Christopher Lane, Costa Mesa, submitted CATIONS a letter in which he indicated that the sidewalk at Harbor Request.for Side- Boulevard and Fair Drive is in need of repainting in order to Walk Painting and increase visibility for the handicapped. In a separate Street Repair communication, he reported that there is a large hole in the street by Harbor Center, and offered to accompany City officials to the site. Mayor Buffa asked the Public Services Director to investigate these matters and report to Mr. Brown. 387 ANNOUNCEMENT Mayor Buffa recognized the following persons in attendance: Fred Bockmiller and Mike Healey from the Mesa Consolidated Water District; and Jim Ferryman from the Costa Mesa . Sanitary District and Newport -Mesa Unified School District. CONSENT The following items were removed from the Consent CALENDAR Calendar: .Item No. 4, Renewal of contract with Mike Linares, to provide Community Development Block Grant/HOME Program services; Item N_o.. 7, Cooperative agreements between the cities of Costa Mesa and Santa Ana, and between the City of Costa Mesa and C. J. Segerstrom & Sons, to design and construct the Sunflower Avenue rehabili- tation and widening project; and Item No. 9, 1-405/State Route 73 confluence funding agreement with the City of Newport Beach, the Orange County Transportation Authority, and the Transportation Corridor Agencies. MOTION On motion by Mayor Pro Tem Monahan, seconded by Council Approved Except Member. Erickson, and carried 5-0, the remaining Consent Items 4, 7, and 9 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: Accurate Landscape and Maintenance Corporation; Mercury Insurance Company/Darrell Forgby; Kip Hancock; Daniel F. Lyons; Anthony G. Peca; and Claudia Whitehead. Approved Agree- An agreement was approved with David Evans and ment with Evans for Associates, 800 North Haven Avenue, Suite 300, Ontario, for Design of Tot Lot $11,260.00, to design handicap barrier removal for tot lots at Barrier Removal in Canyon, Marina View, Mesa Verde, Tanager, TeWinkle, and Parks Vista parks, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Agree- An agreement .with the County of Orange for participation in ment with County the County's Mortgage Credit Certificate (MCC) program was for MCC Participa- approved, and the Mayor and Deputy City Clerk were tion; Adopted authorized to sign on behalf of the City; and Resolution 97-3 Resolution 97-3 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE ADOPTION OF A' MORTGAGE CREDIT CERTIFICATE PROGRAM BY THE COSTA MESA REDEVELOPMENT AGENCY IN COOPERATION WITH THE COUNTY OF ORANGE, AUTHORIZING'AN APPLICATION BY THE COUNTY ON BEHALF OF THE AGENCY TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE FOR AN ALLOCATION OF AUTHORITY TO ISSUE MORTGAGE CREDIT CERTIFICATES AND THE TRANSFER OF SUCH ALLOCATION .TO THE COUNTY OF ORANGE. Approved Budget Budget Adjustment No. 97-34 for $49,080.00, to construct Adjustment 97-34, improvements -at priority bus stop locations to meet ADA Improvements accessibility requirements of the Americans with Disabilities at Bus Stops Act (ADA), was approved. Modifications to The following resolutions modifying an existing freeway CALTRAN.S Agree- agreement with the California Department of Transportation ment (CALTRANS), were adopted: 1 i Adopted Resolution Resolution 97-4, A RESOLUTION OF THE CITY COUNCIL 97-4, for Harbor/ OF THE CITY OF COSTA MESA, CALIFORNIA, AGREEING 1-405 Interchange TO AMEND THE EXISTING FREEWAY AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) IN CONNECTION WITH THE HARBOR BOULEVARD/1-405 FREEWAY INTERCHANGE. Adopted Resolution Resolution 97-5, A RESOLUTION OF THE CITY COUNCIL 97-5, for Hyland/ OF THE CITY OF COSTA MESA, CALIFORNIA, AGREEING 1-405 Freeway TO AMEND THE EXISTING FREEWAY AGREEMENT On -Ramp BETWEEN THE CITY OF COSTA MESA AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) IN CONNECTION WITH THE HYLAND AVENUE/1-405 FREEWAY ON-RAMP. Renewal of Contract Item 4 on the Consent Calendar was presented: Renewal of with Mike Linares a contract with Mike Linares, 2713 North Dayna Street, for CDBG/HOME Santa Ana, for an amount not to exceed $66,000.00, to Program Services provide Community Development Block Grant (CDBG)/HOME Program services. Council Member Somers asked that this MOTION item be continued to allow for further discussion. On motion Continued to by Council Member Somers, seconded by Council Member February 18, 1997 Erickson, and carried 5-0, this item was continued to the meeting of February 18, 1997. Agreements with Item'7 on the Consent Calendar was presented: Cooperative City of Santa Ana agreements between the cities of Costa Mesa and Santa Ana, and Segerstrom & and between the City of Costa Mesa and C. J. Segerstrom & Sons, for Sunflower Sons, 3315 Fairview Road, Costa Mesa, to design and Avenue Project construct the Sunflower Avenue rehabilitation and widening project from Bear Street to Harbor Boulevard. The Public Services Director asked that Page 3, Paragraph No. 7, of the agreement with C. J. Segerstrom & Sons be modified to replace the words "certificates of deposit" with "irrevocable MOTION/Approved letter of credit". On motion by Council Member Erickson, Agreements seconded by Council Member Somers, and carried 5-0, the agreements were approved with the modification as noted above, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Agreement with Item 9 on the Consent Calendar was presented: 1-405/State City of Newport Route 73 confluence funding agreement with the City of Beach, OCTA, and Newport Beach, the Orange County Transportation Authority TCA for Funding (OCTA), and the Transportation Corridor Agencies (TCA). 1-405/SR-73 Con- Council Member Somers expressed concern that approval of fluence the funding agreement would be an endorsement for the proposed 191`' Street and Gisler;Avenue bridges which are on the County's Master Plan of Arterial Highways. Mayor Buffa replied that the improvements involved in the confluence agreement will occur in a five- to seven-year time frame and are critically needed. He supported the removal of the bridges from the County's plan but felt that it is a separate issue. Council Member Erickson thought that the confluence improvements would remove traffic from residential streets MOTION/Approved and would decrease the need for the bridges. On motion by Agreement Council Member Erickson, seconded by Mayor Pro Tem Monahan, and carried 4-1, Council Member Somers voting no, the agreement was approved, and the Public Services Director was authorized to sign on behalf of the City. 39® PUBLIC HEARING The Deputy City Clerk announced that this was the time and Fairview Road ADA ;place set for the public hearing to consider a resolution Exemption finding an exemption from the Americans with Disabilities Act (ADA) accessibility guidelines, and the California Disabled Access Regulations (Title, 24) for the Fairview Road rehabilitation from, the Paularino channel to Baker Street without construction of ADA improvements and parkway repairs, as well as the following: Agreement with Hall & Foreman, Inc., 13821 Newport Avenue, Suite 200, Tustin, in an amount not to exceed $43,570.00, for design of the Fairview Road rehabilitation, Resolution approving and authorizing execution of Supplement No. 026 (Fairview Road rehabilitation) to the Local Agency -State agreement for federal aid. The Affidavit of Publication is on file in. the City Clerk's office. No communications were received. Council Member Cowan announced that she would abstain from the discussion and vote on this item as the subject area is within 2,500 feet of her residence. The Public Services Director reviewed the Agenda Report dated January 13, 1997. There being no speakers, the Mayor closed the public hearing. MOTION 'On motion by Mayor Pro Tem Monahan, seconded by Council Adopted Resolution Member Somers, and carried 4-0, Council Member Cowan 97-6; Approved abstaining, the following action was taken: Agreement; Adopted Resolution 97-6,- A RESOLUTION OF THE CITY COUNCIL Resolution 97-7 OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AN EXEMPTION FROM THE AMERICANS WITH DISABILITY ACT (ADA) ACCESSIBILITY GUIDELINES, AND CALIFORNIA ACCESS REGULATIONS FOR DISABLED PERSONS, -FOR CONSTRUCTION OF THE FAIRVIEW ROAD REHABILITATION PROJECT FROM THE PAULARINO CHANNEL TO BAKER STREET WITHOUT CONSTRUCTION OF ADA IMPROVEMENTS AND PARKWAY REPAIRS, was adopted. The agreement with Hall & Foreman, Inc. was approved, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. RESOLUTION 97-7, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING 'AND AUTHORIZING EXECUTION OF SUPPLEMENT NO. 026 TO THE LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL AID BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF COSTA MESA; was adopted. OLD BUSINESS The Deputy City Clerk presented from the meeting of Instructional Class December .16, 1996, instruction class selection criteria. The Selection Criteria Community Services Director summarized the Agenda Report dated January 10,, 1997, requesting a continuation in order to obtain more information. MOTION On motion by Council Member Cowan, seconded by Council Continued to Member Erickson, and carried 5-0, this item was continued to February 3, 1997 the meeting of February 3, 1997. OLD BUSINESS The Deputy City Clerk presented proposed ordinances Sidewalk Vendor/ amending the Costa Mesa Municipal Code concerning Pushcart regulations --of sidewalk vendors/pushcarts and commercial Regulations vending vehicles on public streets; and City Attorney's Report No. 97-5. A communication supporting proposed changes to the City code regulating pushcarts and street vendors was received, signed by the following persons: Alan Holm, President, Center Street Property Owners Association; Gary Burch, president, Coral Bay Terrace Homeowners Association, 1872 Monrovia Avenue, Costa Mesa; Charles Ford, owner, 1884 Monrovia Avenue, Costa Mesa; Manuel R. Nava, manager, -;.820 Center Street, Costa Mesa; Don Palmquist, owner, 840 Center Street, Costa Mesa; Dennis Scheal, manager, 887, 879 Center Street, Costa Mesa; Leonard Spivak and John O'Neil, owners, 880, 874 Center Street, Costa Mesa; and Charles Wang, owner, 853 Center Street, Costa Mesa. The City Attorney reviewed his report dated January 9, 1997, reporting that the hours of operation in the ordinances may be narrowed, and the addition ' of painted curb areas for street vendors could be accomplished. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Referred to Planning by Council Member Erickson, to refer the ordinances in Commission Agenda Report Exhibits A and C to the Planning Commission. Dave Salcido, 954 West 171'' Street, Costa Mesa, indicated that street vendors and pushcarts are a problem, and believed that they need to be controlled. He asked when the Planning Commission will refer the item back to Council for a public hearing. The Deputy City Manager responded that the Planning Commission will hear the item on February 10, 1997, and Council will address the item on March 3, 1997. Council Member Cowan opposed the motion because she did not support creating a ban on all pushcarts and street vendors since they are small businesses. She supported sending direction to the Planning Commission to review all three exhibits. The motion carried 4-1, Council Member Cowan voting no, OLD BUSINESS The Deputy City Clerk presented a resolution establishing a Newport Boulevard reduced traffic impact fee for new developments in the Traffic Impact Fee Newport Boulevard Specific Plan area. A communication was received from Steve Bashe, 36 Primrose, Laguna Hills, representing the Hanson Family, owners of property at Newport Boulevard and Del Mar Avenue, stating that the traffic impact fee for development of the property would create an extreme financial burden. The Public Services Director summarized the Agenda Report dated January 10, 1997. 391 92 Mayor Pro Tem Monahan clarified that the Newport Boulevard Study Committee had determined - that many of the businesses on the boulevardwere failing or leaving town because of the reduction of traffic. He felt that incentives such as lowering the traffic fee could spur redevelopment in that area. Council Member Cowan questioned lowering the fee from $200.00 to $33.00 for nonresidential use. She felt that even a 50 percent reduction in fee would be a generous incentive. The Public Services Director replied that staff had calculated the absolute minimum figure that would still be in compliance with Measure M guidelines. He stated that Measure M requires trip fees to be reviewed yearly. Council Member Somers felt that drastically lowering the fee would be unfair to members of the community outside of the Newport Boulevard Specific Plan area. MOTION On motion by Council Member Cowan, seconded by Council Continued to Member Erickson, and carried 5-0, this item was continued to February 3, 1997 the meeting of February 3, 1997, and staff was directed to prepare additional, information regarding possible fees and incentives. Council Member Cowan elaborated by asking staff to provide information on the effect of a 50 percent reduction in trip fees on needed improvements. Additionally, she was interested to ascertain if the $33.00 trip end fee utilized by. the City of. Irvine is utilized by all cities within Growth Management . Area No. 8. She requested additional information on the scale between the $200.00 fee and the 533.00 fee.. : . . OLD BUSINESS The Deputy . City Clerk presented the reallocation of CDBG Funds Community Development Block Grant (CDBG) funds. A communication was received from William Turpit, 1772 Kenwood Place, Costa Mesa, offering suggestions on proposed fencing and tree removal on Shalimar Drive. The Housing and Redevelopment Manager reviewed the Agenda Report dated January 17, 1997, reporting that a communication had been received from Orange Coast College indicating that they will not be using a previous grant of $25,000.00, which brings the amount of unallocated funds to $868,000.00. The Police Lieutenant addressed the proposed Shalimar Tree Removal and Replacement program, explaining that the exact location would be between Placentia and Pomona Avenues. He confirmed that 'removal would be a benefit to security efforts and public safety, noting that the new trees would allow the existing street lights to illuminate the area. He reported that the large trees are currently breaking up sidewalks and asphalt driveways. The Lieutenant stated that the intent of the proposed installation of iron fencing around the cement barricades was to discourage through traffic on Shalimar Drive. A question. and answer period ensued. Caroline Butler, 208 Susannah Place, Costa Mesa, representing Releaf Costa Mesa and several residents on Shalimar Drive, addressed the proposed tree removal, illustrating her presentation with photographs. She reviewed findings garnered during a tour of the street, and suggested rl U the following alternatives to improve the dilemma: remove the seven trees that partially block the arc of illumination of some street lights; and add street lights to the north side of the street where no lights currently exist. Sandee Gordon, Director of Orange Coast Interfaith Shelter, 1963.Wallace Avenue, Costa Mesa, reported that the $200,000.00 request for the shelter is intended to assist in an 18 to 24 -month transitional housing program. She explained that Housing and Urban Development (HUD) granted the. shelter $400,000.00 for homeless assistance and HUD requires matching funds in order to acquire and rehabilitate an apartment complex. The following Costa Mesa residents spoke in opposition to installation of fencing on Shalimar Drive, Wallace Avenue or nearby alleys and the proposed, tree removal: Maria Alvarez, 775 Shalimar Drive, No. 3, who submitted a petition containing 160 signatures; Maria Rubalcava, ' 786 Shalimar Drive, No. 6; Eva Nava, 2285 Santa Ana Avenue, Apartment A; and Robert Graham, 3260 Dakota Avenue. The Police Lieutenant stated that the security fencing on Shalimar Drive was intended to be decorative and not to restrict ingress and egress from the community. Motion to Reallocate A motion was made by Mayor Pro Tem Monahan to reallocate Funds Died the CDBG funds as follows: $153,000.00 for the Downtown Community Center site plan development and engineering for a new building; $60,000.00 to fund a full-time code enforcement officer; $65,000.00 for the 17th Street bus bays; $35,566.00 for the Bernard Street alley engineering design; $45,000.00 for engineering for 17t' Street from Superior Avenue to the westerly City limits; $55,000.00 for 18th Street from Newport Boulevard to the Westerly City limits; $8,500.00 for the Shalimar Drive security fencing with the proviso that it not impede pedestrian access; $25,000.00 as a maximum figure for Shalimar Drive tree removal and replacement, directing staff to evaluate the trees and use a selective removal process; and the remaining $413,000.00 to repair missing sidewalk links in target areas throughout the City. The motion died for lack of a second. MOTION/Continued A motion was made by Council Member Erickson, seconded Reallocation of by Council Member Cowan, and carried 5-0, to continue the Funds to February reallocation of CDBG funds to the meeting of February 3, 3,1997; Retained 1997, directing staff to initiate a formal meeting with Grant Directive; Shalimar Drive residents concerning the proposed changes; to Adopted Citizens retain: the Public Service Grants per the February, 1994, Participation Plan directive, specifically 10 grants''in the amount of $15,000.00 or greater and 10 grants under $15,000.00; and to adopt the Citizens Participation Plan which contains the following elements: Defines "substantial change" as a change in allocations greater than ten percent (10%) of the grant amount. Requires City Council action for a change in the use of CDBG funds from one activity to another. .94 Requires all projects to be reviewed by the Redevelopment and Residential. Rehabilitation (311) Committee, when feasible, followed by a public notice and public hearing. Allows the City to conduct a variety of community outreach activities including distribution of information and attendance at neighborhood meetings. Mayor Pro Tem Monahan asked for clarification prior to the meeting of February 3, 1997, on how far the $153,000.00 allocation to the Downtown Community Center would go towards a new building. Council Member Cowan commented that she has major concerns regarding the Shalimar Drive tree removal. Council Member Somers felt that the trees should be evaluated on an individual and selected basis. NEW BUSINESS The Deputy City Clerk presented a request from the Federal FAA Request for Aviation Administration (FAA) to waive fees for use of the Fee Waiver Neighborhood Community Center. The Community Services Director summarized the Agenda Report dated January 8, 1997. MOTION A motion was made by Council Member Somers, seconded Approved Request by Council Member Erickson, and carried 5-0, to approve the request based on Council Policy 100-7, directing staff to prepare a policy change for Council approval which modifies Policy 100-7 to eliminate the need for a public hearing if policy requirementsare met. NEW BUSINESS The Deputy City Clerk presented a request for committee Committee Appoint- appointments to the East Side Traffic Management Study Ad ments Hoc Committee, the Access Appeals Board, and the Building, Housing and Fire Codes Board of Appeals. The City Manager summarized the Agenda Report dated January 9, 1997. MOTION On motion by Mayor Pro Tem Monahan, seconded by Council Appointed Gillis Member Erickson, and carried 5-0, Jackie Gillis was appointed a regular member of the East side Traffic Management Study Ad Hoc Committee. MOTION On motion by Council Member Cowan, seconded by Council Appointed Getz Member Erickson, and carried 5-0, Thomas Getz was appointed an alternate member of the Access Appeals Board for a four-year term expiring January 17, 2000. MOTION/Appointed On motion by4Council Member Erickson, seconded by Council Beauchamp, Member Somers, and - carried 5-0, Paul Beauchamp was Weichman, and reappointed, and Larry Weichman and Thomas Steinfeld were Steinfeld appointed members of the Building,, Housing and Fire Codes Board of Appeals for a four-year. term expiring January 17; 2000. 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 [Napa Valley Pizza for a bona fide eating place) from Napa Valley Pizza, 474 East 171h Street, Suite .101. The Deputy City Manager summarized the Agenda Report dated January 6, 1997, reporting that there is an overconcentration of licenses in this area and staff is recommending that conditions be imposed by the Alcoholic Beverage Control. 1 r. £ s S 1 i` Because of the overconcentration of Alcoholic Beverage Licenses in the area, Council Member Somers commented that she could not support a motion to approve this request. She felt that since there is an overabundance of licenses in the City, she could not support any new licenses until the situation is addressed. Mayor Buffa announced that ABC representatives will be present at the Study Session of February 10, 1997, to discuss concerns and to offer alternative procedures. MOTION A motion was made by Council Member Cowan, seconded by Requested ABC to Council Member Erickson, and carried 4-1, Council Member Impose Conditions Somers voting no, to request the ABC to impose the following conditions of approval if they decide to issue the license: Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. The restaurant shall remain a "bona fide eating place" as defined by Section 23038 of the California Business and Professions Code. No off -sale privilege. The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The licensee and/or business owner shall institute whatever security and operational measures are necessary to comply with this requirement. NEW BUSINESS The Deputy City Clerk presented a request for a person -to - ABC License for person and premise -to -premise transfer of a Type 47 Cafe Indigo Alcoholic Beverage License (on -sale general for a bona fide eating place) from Cafe Indigo, 901-C South Coast Drive, Suite 120. The Deputy City Manager summarized the Agenda Report dated January 6, 1997, reporting that the license is a transfer from outside of the City. He stated that the restaurant will be located in Metro Pointe which has a conditional use permit allowing control of the hours of operation, security, etc., thereby negating the need for the ABC to impose conditions. Dorothy Adams, 220 Amherst Road, Costa Mesa, opposed new Alcoholic Beverage Licenses being issued, in the City because of the numerous licenses already in existence. MOTION On motion by Mayor Pro Tem Monahan, seconded by Council Received and Filed Member Erickson, and carried 4-1, Council Member Somers voting no, the request was received and filed. NEW BUSINESS The Deputy City Clerk presented a resolution protesting the Area Code Partition partition of the City's borders by assigning two separate telephone area code numbers by the California Public Utilities Commission. A communication was received from Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, urging Council not to adopt the proposed resolution nor contact the Public Utilities Commission. The Communications Director summarized the Agenda Report dated January 10, 1997. 395 Ward Zimmerman, 109 Clearbrook Lane, Apartment C; Costa Mesa, asked why the area codes for cellular telephones, beepers, and fax machines could not be changed, allowingi the telephone area codes to remain intact. MOTION/Adopted On motion by Council Member Somers, seconded by Council Resolution 97-8 ,Member Cowan, and carried 4-1, Mayor Pro Tem Monahan voting no, Resolution 97-8, A RESOLUTION OF THE CITY COUNCIL OF THE CITY, OF COSTA MESA, CALIFORNIA, PROTESTING THE PARTITION OF THE CITY'S BORDERS BY ASSIGNING- TWO SEPARATE TELEPHONE AREA CODE NUMBERS BY THE CALIFORNIA PUBLIC UTILITIES COMMISSION, was adopted. ;Mayor Pro Tem Monahan opposed the motion, stating that he agreed with the communication, received from Sandra Genis. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Sections 54956.9(a) and 54956.9(c) to for Closed Session: discuss the following items: City v. Garabaldi de Noche, City v. Garabaldi; accusation before Department of Alcoholic Beverage Control; Water District EIR and Mesa Consolidated Water District, Environmental Impact Report (EIR) for Gisler Avenue colored water treatment plant. Mayor Buffa announced that closed session would be held at the conclusion of regular business. CITY MANAGER'S The City Manager presented a resolution ratifying the City REPORT Manager's expenditure of funds to abate an emergency at the Corporation Yard Costa Mesa Corporation Yard; and Budget Adjustment No. Emergency 97-35 for $100,000.00, to provide an appropriation for the required work. He reviewed the Agenda Report dated January 15, 1997. MOTION/Adopted A motion was made by Council Member Somers, seconded Resolution 97-9 by Council Member Erickson,. and carried 5-0, to adopt Resolution 97-9, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, RATIFYING THE CITY MANAGER'S EXPENDITURE OF FUNDS TO ABATE AN EMERGENCY AT THE COSTA MESA CORPORATION YARD, .ratifying the City Manager's emergency action to appropriate .$100,000.00 to uncover and repair a fuel leak and begin soils remediation. MOTION/Approved On motion by Council Member Cowan, seconded by Council Adjustment Member Erickson, and carried 5-0, the budget adjustment was approved. COUNCIL Council. Member Somers commended Fire Fighters Kirk COMMENTS Dominic and Paul Moody on their promotion to Engineer. Drought Tolerant ;Council Member Cowan stated that it was her understanding Plantings for that the long-term view for the City was to replace turf with Medians drought tolerant plants in the street medians. Since this issue seems to be considered on a case-by-case basis, she asked that the policy be revisited. The City Manager advised that he would provide detailed information on the cost differential between drought tolerant plantings and turf. 1 ,-397 Alcoholic Beverage Mayor Pro Tem Monahan asked that the Alcoholic Beverage Licenses License policy be placed on a future agenda to .investigate whether each license requires Council action or only those for which the Planning staff or. the Police Department recommend conditions. He also recommended initiating a policy to notify ABC license applicants of possible Council action. Mayor Buffa suggested discussing this subject at a meeting subsequent to the Study Session of February 10, 1997. ADJOURNMENT TO At 8:30 p.m. , the Mayor adjourned the meeting to a closed CLOSED SESSION session in first floor Conference Room C to discuss the items previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 9:10 p.m., and the RECONVENED action taken during closed session was announced. MOTION/Authorized Regarding City v. Garabaldi de Noche, accusation before the Negotiations in Department of Alcoholic Beverage Control, by a vote of 5-0, Garabaldi de Noche, Council gave authority to the City Manager and the Police . Chief to negotiate a settlement on the accusation filed. No Action Taken Regarding the Mesa Consolidated Water District, on Water District Environmental Impact Report (EIR) for Gisler Avenue colored EIR water treatment plant, no action was taken. ADJOURNMENT The Mayor declared the meeting adjourned at 9:15 p.m. Mayor of the Cityo to Mesa ATTEST: Deputy City 11.rk of the City of Costa Mesa