HomeMy WebLinkAbout07/21/1997 - City Council142
REGULAR MEETING.OF THE CITY COUNCIL
CITY OF COSTA MESA
JULY 21, 1997
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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Chairperson and Secretary were authorized to sign on behalf
of the Agency.
COUNCIL MEETING
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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.
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MOTION
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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.
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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
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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
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onditions.
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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.
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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