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HomeMy WebLinkAbout07/21/1997 - City Council142 REGULAR MEETING.OF THE CITY COUNCIL CITY OF COSTA MESA JULY 21, 1997 i I The City Council of the City of Costa Mesa, California, met in regular session July 21, 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 Mayor Pro Tem Monahan, and invocation by the Reverend Conrad Nordquist, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Mayor Peter Buffa M r Pr Tem Gar Monahan Council Members Absent: i Officials Present: Uyo y Council Member Joe Erickson Council Member Libby Cowan Council Member Heather Somers None 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 Assistant to the City Manager Ann Gyben Management Analyst .Paula Schaefer Deputy City Clerk. Mary -Elliott MINUTES On motion by Council Member Erickson, seconded -by Council July 7, 1997 Member Cowan, and carried. 5-0, the -minutes of the regular meeting of July 7, 1997, were approved as distributed. ORDINANCES AND Ai 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. ORAL COMMUNI- Greg Brown, 2501 Christopher Lane, Costa Mesa, submitted CATIONS/Harbor a letter to the Mayor regarding a curb at the Harbor Boulevard/Fair Boulevard/Fair Drive intersection which is too high to get onto Drive Curb Problem the sidewalk. Mayor Buffa asked the Public Services Director to investigate and contact Mr. Brown with his findings. Hazardous The following persons spoke in opposition to Viva Conditions at America/Westar Nutrition Corporation, 1239 Victoria Street, a Westar Nutrition manufacturing business which they assert is not compatible Corporation with the surrounding neighborhood because of noise, noxious odors, storage of hazardous chemicals, debris, and inadequate parking: Larry Marshburn, 2107 Valley Road, Costa Mesa; David Noller, 1187 Gleneagles Terrace, Costa Mesa; and Paul Abels, 1160 Gleneagles Terrace, Costa Mesa. 1 1 r a3 Noise Problems Neal Gass, 1368 Garlingford Street, Costa Mesa, submitted �a letter to Council indicating that the maximum noise levels have been exceeded at his residence by 100 percent when construction of a water treatment plant behind his property is done by Mesa Consolidated Water District. He also mentioned that California Department of Transportation (CALTRANS) will be constructing additional lanes on the 405 - Freeway, which will create more noise. He asked --that the City enforce its noise and decibel level policy. The City Manager suggested that the Public Services Director obtain more. information from Mr. Gass and contact CALTRANS to discuss the possibility of constructing a sound wall to minimize the noise impact. Soffer Complaint Shima Soffer, 540 Bernard Street, Costa Mesa, read two letters from her father, Sid Soffer, 3890 Cambridge Street, .,.: No. 305; Las Vegas; regarding a complaint against City staff in connection with his property at 540 Bernard Street. She submitted the letters to the Deputy City Clerk. CONSENT On motion by Council Member Erickson, seconded by Council CALENDAR Member Somers, and carried 5-0, all Consent Calendar items MOTION/Approved were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claim received by the Deputy City Clerk: Edward T. Garcia. Alcoholic Beverage A request from Prestige Stations for Arco AM PM, 300 Control (ABC) Bristol Street, for a person-to-person transfer of a Type Licenses a 20 Alcoholic Beverage Control (ABC) license (off -sale beer and wine). SET FOR PUBLIC HEARING/Adopted Resolution 97-64 Setting a Hearing on September 2, 1997, for Vacation of an Easement A request from Domenica Corbo for Airport Express Gourmet Sandwich and Catering Shop, 3198 Airport Loop Drive, No. H2A, for a per transfer of a Type 41 Alcoholic Beverage Control (ABC) license (on -sale beer and wine for a bona fide eating place). Resolution 97-64 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE VACATION OF A RESERVATION EASEMENT FOR PUBLIC UTILITIES IN THE AREA OF NEWPORT BOULEVARD AND 18." STREET, in connection with Parcel A, setting a public hearing on September 2, 1997, at 6:30 p.m. WARRANTS Warrant Resolution 1654, funding City operating expenses in Approved Warrant the amount of $1,912,625..49; and Payroll 9713 for 1654/ Payroll 9713 $1,374,610.94, were approved. 1413 144 ADMINISTRATIVE Bids received for Bid Item No. 1008, Purchase of Gasoline ACTIONS/Awarded and Diesel Fuel, are on file in the City Clerk's office. The Contracts for Bid three-year contracts were awarded as follows: Item 1008, Gas- East 14th Street, Long Beach, for $62,169.00. oline and Diesel Southern Counties Oil Company, 1825 West Collins Fuel Avenue,, Orange, in an amount not to exceed Fence for Fairview $215,000.00 per year, for gasoline fuel. Park Trail Improve- General Petroleum, 10122 Freeman Avenue, Santa Fe ments Springs, in an amount not to exceed $55,000.00 per year, for diesel fuel. Rejected Bids for Bids received for Bristol Street Widening south of Bear Street, Bristol Street Project No. 97-05; Federal (HES) No. STPLH-5312 (018) are Widening South of on file in the City Clerk's office. Since the apparent low Bear Street, Project bidder's price exceeds the project funding allocation, and the No.. 97-05 three additional bids are nonresponsive, all bids were 15468/La Quinta rejected, and staff was authorized to modify the scope of Homes Work and readvertise the project. I Awarded Street Bids received for the 1996-1997 Street Maintenance Slurry Slurry Seal Pro- Seal Program, Project No. 97-08, are on file in the City gram, Project No. Clerk's office. The contract was awarded to Pavement 97-08, to Pave- Coatings Company, Post Office Box 1491, Cypress, for ment Coatings 5672,572.43. Awarded Roofing Bids received for Roofing Renovations at various locations, Renovations, Pro- Project No. 97-10, are on file in the City Clerk's office. The ject 97-10, to Long contract was awarded to Long Beach Roofing, Inc., 2827 Beach Roofing East 14th Street, Long Beach, for $62,169.00. Accepted Work by Fairview Park Trail Improvements were completed to the Dunn Brothers satisfaction of the Community Services Director by Dunn Fence for Fairview Brothers Fence Company, 4237 North Elton Street, Baldwin Park Trail Improve- Park. The work was accepted; the Deputy City Clerk was ments 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 tihereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Approved Final The Final Map was approved for Tract No. 15468, located at Map for Tract 379 East 21" Street; 7 lots for construction of 6 detached 15468/La Quinta single-family homes, including all required easements, Homes totaling 0.79 -acre; La Quinta Homes, LLC, developer, 1.501 Westcliff Drive, Suite 260, Newport Beach; and the Deputy City Clerk was authorized to sign on behalf of the City. Approved Expend- In connection with the Underground Fuel Leak at the iture for Under- Corporation Yard, an expenditure of an additional ground Fuel Leak $58,265.00, to continue fuel leak remediation. work, was at Corporation Yard approved; and adjustments within the City's approved Maintenance and Repair Account (0146901546), to provide for funding of the work, was approved and the City Manager Was authorized to make adjustments to the account. i 1 r Approved Agree- An agreement was approved with AEI - CASC Engineering, ment with AEI - 937 South Via Lata, Suite 500, Colton, in an amount not to CASC Engineering exceed $44,937.00, for design of Missing Link Sidewalks in for Design of Miss- Community Development Block Grant (CDBG) eligible areas, ing Link Sidewalks and the Mayor and Deputy City Clerk were authorized to sign in CDBG Areas on behalf of the City. Adopted Resolution Resolution 97-65 was adopted: A RESOLUTION OF THE CITY 97-65 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS AND DIRECTING CERTAIN ACTIONS, for the purpose of reimbursing Oasis Residential, Inc., for costs associated with the acquisition and rehabilitation of the Sea Palms Apartments at 19th Street and Whittier Avenue. Approved Budget Budget Adjustment No. 98-05 for $36,430.00, in connection Adjustment No. with the City's Fifth Cycle Used Oil Block Grant Program, was 98-05 approved. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Appeal of PA -97- place set for the public hearing to consider an appeal of the 27, Himes et al/ Planning Commission's denial of Planning Action PA -97-27, Lewis from Himes Peters Jepson Architects, Inc., 3505 - L5 Cadillac Avenue, Costa Mesa, authorized agent for James Lewis/Jim's Towing, 935 West 18th Street, Costa Mesa, for a conditional use permit for an auto towing service outdoor storage yard located at 1785 - 1791 Monrovia Avenue in an MG zone. Environmental Determination: Negative Declaration. The Affidavits of publishing and mailing are on file in the City Clerk's office. No communications were received. The Deputy City Manager reviewed the Agenda Report dated July 7, 1997, and showed an overhead transparency of the site in question. Gary Dorsey, Himes Peters Jepson Architects, Inc., 3505 - L5 Cadillac Avenue, Costa Mesa, authorized agent for Jim's Towing, stated that the, Planning Department granted approval in 1992 for a building and towing storage on the Monrovia site without restrictions; however, Mr. Lewis never went forward with the project. James Lewis, 531 Elmodena, Newport Beach, stated that his primary storage location at 935 West 19' Street is short of space, and the proposed storage site would provide adequate storage for big rigs. William Charles Hadden, 1781 Monrovia Avenue, who resides next to' the proposed storage site, was concerned about noise from the tow trucks and the smell of diesel fuel. Motion to Deny A motion was made by Council Member Erickson, seconded PA -97-27 Failed by Council Member Cowan, to adopt a resolution denying the to Carry conditional use permit. Mayor Pro Tem Monahan opposed the motion because most night towing would be to the primary location on 19th Street and would not impact the Monrovia Avenue neighborhood. Mayor Buffa stated that he would have supported a restriction on the hours of operation but opposed denying the entire use since it was approved at an earlier date. _ 146 The motion failed to carry 3-2, Council Members Buffa, Monahan, and Somers voting no. Motion to Approve A motion was made by Mayor Pro Tem Monahan to approve PA -97-27 and Planning Action PA -97-27 and to delete Condition of Approval Delete Condition No. 8 regulating hours of operation. The motion died for lack No. 8 Died of a second. MOTION A motion was made by Council Member Somers, seconded Adopted Resolution by Mayor Buffa, and carried 3-2, Council Members Erickson 97-66 and Cowan voting no, to adopt Resolution 97-66, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -97-27, amending Condition of Approval No. 8 to read: "Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m., Monday through. Friday; and 8:00 a.m. to 9:00 p.m., Saturday and Sunday." PUBLIC HEARING. The Deputy City Clerk announced that this was the time and Rezone Petition place set for the public hearing to consider Rezone Petition R-97-01 B, City of R-97-01 B, City of Costa Mesa, to rezone the following Costa Mesa properties.: 2274, 2080, and 2250 Newport Boulevard from C1 to R2 -HD; 2070, 2072, 2278, and 2280 Newport Boulevard, 118 Albert Place, and 109 and 1091/2 East 23rd Street from AP to R2 -MD. Environmental Determination: previous Negative Declaration. The Affidavit of Publication is on file in the City Clerk's office. One communication was received from Karen and Robert Kuchinski, owners of property at 113 - 23d Street, supporting the proposed rezone. The Deputy City Manager reviewed the Agenda Report dated July 11, 1.997. Stuart Shay, speaking on behalf of the owner of property at 2274 Newport Boulevard, supported the Planning Commission's recommendation to deny the rezone, due to the financial burden that the property owner would incur in regard to refinancing. Clyde Hermanski, 15592 Garland Circle, Westminster, owner of properties at 118 Albert Place and 2278 Newport Boulevard, also supported denial of the rezone. He stated that he acquired the properties with commercial zoning, and rezoning them to 'residential would impact the value of the properties. Larry Somers, 471 Old Newport Boulevard, No. 301, Newport Beach, representing the owner of property at 2052 Newport Boulevard, objected to the City's initiating a rezone contrary tl the desires of the property owners. I There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Mayor Pro Tem Monahan, seconded Ordinance 9.7-22 by Council Member Somers, and carried 5-0, to give first Given First Reading reading to Ordinance 97-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF CERTAIN PROPERTIES IN THE NEWPORT BOULEVARD SPECIFIC PLAN AREA, BY ADOPTION OF REZONE PETITION R-97-01 B. 1 i y i Mayor Pro Tem Monahan explained that if these properties were to be redeveloped in the future, they would be redeveloped as residential, allowing the current owners to redevelop as a. nonconforming use. Council Member Somers supported the motion because she believed that the rezone would greatly enchance the Newport Boulevard Specific Plan area, and would not negatively affect the present property owners when trying to obtain a loan. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Civic Center place set for the public hearing to consider a resolution Lighting Retrofit approving certain energy conservation measures, authorizing the execution of an agreement with Lighting Technology Services, Inc., 1715 East Wilshire Avenue, Suite 724, Santa Ana, for $119,114.00, and authorizing the City Manager to sign the agreement.` The Affidavit of Publication is on file in the City Clerk's office. No communications were received. The Public Services Director reviewed the Agenda Report dated July 7, 1997. There being no speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Erickson, seconded Adopted Resolution by Council Member Somers, and carried 5-0, adopting 97-67 Resolution 97-67, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING CERTAIN ENERGY CONSERVATION MEASURES, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LIGHTING TECHNOLOGY SERVICES, INC., AND MAKING OTHER DETERMINATIONS FOR RETROFITTING OF LIGHTING AT THE CIVIC CENTER. ADJOURNED TO At 7:40 p.m., Mayor Buffa adjourned the regular City Council SPECIAL JOINT meeting to a special joint City Council/Redevelopment Agency MEETING meeting. ROLL CALL Agency Members Present: Chairperson Gary Monahan Vice Chairperson Libby Cowan Agency Member Peter Buffa Agency Member Joe Erickson Agency Member Heather Somers Officials Present: Executive Director Allan Roeder OLD BUSINESS The Deputy City Clerk presented the first- amended HOME HOME Implementa- implementation agreement between the City of Costa Mesa tion Agreement and the 'Costa Mesa: Redevelopment Agency. The Between the City Management Analyst summarized the Agenda Report dated and Agency July 14, 1997, which indicates that the agreement will preserve the use of HOME funds to carry out the Council's goal of improving the housing stock in the community. MOTION On motion by Council .Member/Agency Member Somers, Agreement seconded by Council Member/Agency Member Erickson, and Approved by carried 5-0, the following action was taken: the agreement Council and was approved, and the Mayor and Deputy City Clerk were Agency authorized to sign on behalf of the City; and the Agency 14'x' MOTION A motion was made by Council Member Cowan, seconded by Ordinance 97-23 Council Member Somers, and carried 5-0, to give first reading Given First Reading to Ordinance 97-23, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SUBSECTION (a) OF SECTION 2-189 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO LIABILITY CLAIMS. NEW BUSINESS The Deputy City Clerk presented a request from Mesa Verde Request from Mesa Partners for amendments to the contract for the operation of Verde Partners for the Costa Mesa Public Golf Course and Country Club. The Amendments to Assistant to the City Manager reviewed the Agenda Report the Contract dated July 14, 1997. Danny Lane, 1701 Golf Course Drive, Costa Mesa, representing Mesa. Verde Partners, responded to a question from Mayor Pro Tem Monahan by stating that they have checked into the possibility of a preferred starting times for Costa Mesa residents; however,. further research will be needed for a decision on the issue. Mayor Pro Tem Monahan asked Mr. Lane if the amendments to the contract could be continued until Council received a report regarding the preferred starting times. Mr. Lane responded in the affirmative. In response to Council Member Cowan's question, Mr. Lane replied that they will conduct a more thorough survey for Council to review as it pertains to the rental of the manual pull -carts. Council Member Somers asked for additional information that identifies the dollar amounts generated by other municipal courses for rental of manual pull -carts. 1 Chairperson and Secretary were authorized to sign on behalf of the Agency. COUNCIL MEETING i At 7:45 p.m., Mayor/Agency Member Buffa adjourned the RECONVENED special joint City Council/Redevelopment Agency meeting, and reconvened the regular City Council meeting. OLD BUSINESS The Deputy ,City Clerk presented from the meeting of July 7.- ;Water WaterQuality 1997, second reading and adoption of Ordinance 97-20, regarding water quality. The Public Services Director summarized the Agenda Report dated July 9, 1997. i MOTION I On motion by Council Member Somers, seconded by Council Adopted Ordinance Member Erickson,, and carried 5-0, Ordinance 97-20, AN 97-20 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER IV OF TITLE 8 AND ADDING ARTICLE 13 TO CHAPTER IX OF TITLE 13 OF THE COSTA MESA' MUNICIPAL CODE CONCERNING WATER QUALITY AND COMPLIANCE WITH NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT FOR THE CITY OF COSTA MESA, was given second reading and adopted. NEW BUSINESS The Deputy City Clerk presented an ordinance amending Liability Claims Subsection (a) of Section 2-189 of the Costa Mesa Municipal Code to streamline the liability claims procedures. The City Attorney summarized his Report No. 97-39A, dated June 25, 1997. MOTION A motion was made by Council Member Cowan, seconded by Ordinance 97-23 Council Member Somers, and carried 5-0, to give first reading Given First Reading to Ordinance 97-23, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SUBSECTION (a) OF SECTION 2-189 OF THE COSTA MESA MUNICIPAL CODE PERTAINING TO LIABILITY CLAIMS. NEW BUSINESS The Deputy City Clerk presented a request from Mesa Verde Request from Mesa Partners for amendments to the contract for the operation of Verde Partners for the Costa Mesa Public Golf Course and Country Club. The Amendments to Assistant to the City Manager reviewed the Agenda Report the Contract dated July 14, 1997. Danny Lane, 1701 Golf Course Drive, Costa Mesa, representing Mesa. Verde Partners, responded to a question from Mayor Pro Tem Monahan by stating that they have checked into the possibility of a preferred starting times for Costa Mesa residents; however,. further research will be needed for a decision on the issue. Mayor Pro Tem Monahan asked Mr. Lane if the amendments to the contract could be continued until Council received a report regarding the preferred starting times. Mr. Lane responded in the affirmative. In response to Council Member Cowan's question, Mr. Lane replied that they will conduct a more thorough survey for Council to review as it pertains to the rental of the manual pull -carts. Council Member Somers asked for additional information that identifies the dollar amounts generated by other municipal courses for rental of manual pull -carts. 1 1 MOTION On motion by Mayor Pro Tem Monahan, seconded Council Continued to Member Somers, and carried 5-0, this item was continued to August 18, 1997 the meeting of August 18, 1997, in order for Mesa Verde Partners to supply Council with the requested information. NEW BUSINESS The Deputy City Clerk presented an ordinance amending Prohibit the Dump- Section 3-12. and Subsection (a) of Section 8-83 of the Costa ing of..Animal Ex- Mesa Municipal Code. to prohibit the dumping of animal crement in Public excrement in public gutters. The Community Services Gutters Director summarized the Agenda Report dated June 27, 1997. Greg Brown, 2501 Christopher Lane, Costa Mesa, felt that the public needs to be aware of this ordinance. MOTION A motion was made by Council Member Somers, seconded Ordinance 97-24 by Council Member'"- Erickson, and carried 5-0, to give first Given First Reading reading to Ordinance 97-24, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 3-12 AND SUBSECTION (a) OF SECTION 8-83 OF THE COSTA MESA MUNICIPAL CODE TO PROHIBIT THE DUMPING OF ANIMAL EXCREMENT IN PUBLIC GUTTERS. NEW BUSINESS The Deputy City Clerk presented. Council Policy 100-7 - Council Policy Waiver of Fees: 100-7 Waiver of Fees An ordinance adding Subsection (5) to Section 2-303 of the Costa Mesa Municipal Code to limit appeals from a decision on application for a waiver of fees established by resolution of City Council. Changes to Council Policy 100-7 which would allow for a waiver of fees to nonprofit Costa Mesa youth organizations for use of the City's Show Wagon. Changes to Council Policy 100-7 which would add a $25.00 setup and takedown fee to.governmental agencies receiving a waiver of fees for use of Community Center facilities. The Community Services Director reviewed the Agenda Report dated July 8, 1997. MOTION On motion by Council Member Cowan, seconded by Council Ordinance 97-25 Member Somers, and carried 5-0, the following action was Given First Read- taken: ing; Amended Council Policy First reading was given to Ordinance 97-25, AN 100-7 ORDINANCE OF THE CITY ` COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING SUBSECTION (5) TO SECTION 2-303 OF THE COSTA MESA MUNICIPAL CODE TO LIMIT APPEALS FROM A DECISION ON APPLICATION FOR A WAIVER OF FEES ESTABLISHED BY RESOLUTION OF CITY COUNCIL; Council Policy 100-7 was amended to allow for a waiver of fees for use of the Show Wagon for all Costa Mesa nonprofit organizations; and 1.49 " ISO Council Policy 100-7 was amended by providing for a $25.00 setup and take-down fee for government agencies using the City's community centers; and staff was directed to return to Council in one-year with an estimate of the City's actual costs for setup and take-down. NEW BUSINESS The Deputy City Clerk presented the draft development and Standards for operational standards for liquor stores, convenience stores Liquor Stores, et al and mini -markets. The Deputy City Manager summarized the Agenda Report dated July 11, 1997. MOTION/Approved A motion was made by Council Member Somers, seconded Standards with by Council Member Erickson, to adopt the development and Modifications operational standards for Liquor Stores under Alternative 3. Mayor Pro Tem Monahan opposed the motion because he disagreed with several of the restrictions. Council Member Cowan was concerned about on-site security, on-site maintenance, signage, and advertising. She CITY ATTORNEY'S felt that the word "standards" should be used by the REPORT/Request department rather than by policy or ordinance. She added for Closed Session: that she would support these conditions as "standards" if the Stull v. Bank of maker of the motion would consider deleting Item Nos. 10, America; and 11, and 12. AMENDED In regard to Item No. 10, Council Member Somers thought MOTION that every half-hour was probably more than necessary for Standards Modified on-site patrol and modified the patrol for every two -hours between 4:00 p.m. and closing. She did not delete Item No. 11 because she felt that having appropriate security lighting at a liquor store was important. She agreed to delete Item No. 12, security cameras. Council Member Erickson concurred with the modifications. Mayor Pro Tem Monahan disagreed with Item Nos. 4, 5, and 6, under sale 1 restrictions, as outlined on page 4 of the Agenda Report, but did agree with the modification of Item No. 10 and the deletion of Item No. 12. Council Member Somers objected to the standards under which liquor stores have been operating in the past as it pertains to selling single cans or bottles of liquor. She believed that Item Nos. 4, 5, and 6, were appropriate I onditions. I The amended motion carried 3-2, Council Members Monahan and Buffa voting no. CITY ATTORNEY'S The City Attorney requested a closed session pursuant to REPORT/Request Government Code Sections 54956.9(c) and 54957.6 to for Closed Session: discuss the following items: Intervention by July 30, 1997, Stull v. Bank of in Stull v. Bank of America, San Francisco Superior Court America; and Case No. 968-484; Negotiations with Costa Mesa City Employee Employees . Association and Costa Mesa Firefighters Negotiations A, ssociation. Mayor Buffa announced that closed session would be held at the conclusion of regular business. I I MOTION Council agreed that a closed session regarding Stull v. Bank No Action was of America was not necessary. Council Member Erickson Taken in Stull v. made a motion to take no action in Stull v. Bank of America, Bank of America San Francisco Superior Court Case No. 968-484 The motion was seconded -by Council Member Somers, and carried 5-0. COUNCIL Council Member Cowan announced that the Youth Advisory COMMENTS/Youth Committee will be holding their first meeting on Friday, Advisory Meeting August 1, 1997. ADJOURNMENT At 8:20 p.m., the Mayor adjourned the meeting to a closed TO CLOSED session in first floor Conference Room A, to discuss the item SESSION previously announced by the City Attorney. MEETING The Mayor reconvened the meeting at 9:30 p.m., and the RECONVENED action taken during closed session was announced. MOTION Regarding the Costa Mesa Employees Association and Costa Instructions Given Mesa Firefighters Association, by a vote of 5-0, instructions for Employees were given to the City Manager and the Personnel Services Negotiations Director. ADJOURNMENT The Mayor declared the meeting adjourned at 9:35 p.m. ATTEST: Deputy City CI k of the City of Costa Mesa