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HomeMy WebLinkAbout09/21/1981 - City Council352 Roll Call Minutes - September 8, 1981 REGULAR MEETING.OF THE CITY COUNCIL CITY OF COSTA MESA September.21, 1981 The City Council of the City of.Costa Mesa, California, met in regular .session on September 21, 1981, 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, and Invocation by Doctor Bill Steele, Mesa Verde United -Methodist Church. Council Members Present: Council Members Absent: Schafer, Hall, Hertzog, McFarland, Johnson None Officials Present: Assistant City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk On.motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, minutes of the special and regular meetings of September 8, 1981, were approved as dis- tributed and posted as there were no corrections. Ordinances A motion was made by Councilman -McFarland, seconded by Councilwoman Hertzog, and carried, to read all ordi- nances by title only. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 3, Entertainment Permit for Hoagy Barmichael's; and Item 7, Final Map for Tract No. 10928. On motion by Councilman McFarland, seconded by Council- man Johnson, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Destruction of On motion by Councilman McFarland, seconded by Council - Records for man Johnson, Resolution 81-79, being A RESOLUTION OF Police Department THE CITY COUNCIL'OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE POLICE DEPART - Resolution 81-79 MENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. 75-60, was adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Reading Folder On motion by Councilman McFarland, seconded by Council- man Johnson, and carried, the following Reading Folder items were received and processed: Claims The following claims were received.by the Clerk and no action -was required: Joseph Sessa of J and T Custom Works; Attorney Ronald B. Schwartz on'behalf of Gabriell=a Angotti; Attorney David L. B.elz on behalf of.Darl_ene Connie Lattiere; and Attorney Kevin -B. Connolly on behalf of William John Allen. 1 353 Public Application No. A-60867 and Advice Letter No. Utilities 1284 before the Public Utilities Commission, in Commission the matter of Southern California Gas Company and Pacific Lighting Gas Supply Company to increase revenues under the consolidated adjustment mech- anism to offset changed gas costs resulting from increases in the price of natural gas purchased from El Paso Natural Gas Company, Transwestern Pipeline Company, Pacific Interstate Transmission Company, Pacific Gas and Electric Company, and California sources; to adjust revenues to recover the undercollection in the CAM balancing account; Notice of to reflect in the CAM balancing account costs Completion related to franchise fees and uncollectible .Street Maintenance expense and increased carrying costs on natural 1979-80, Phase II gas stored underground; and to revise Section H and 1980-81 of the Preliminary Statement of Tariffs. Application before the Public Utilities Commis- sion from Airport Service, Incorporated, for authority to extend its airport service in End of Mission Viejo, and to create new stops along its Reading Folder presently authorized routes. Set for Public On motion by Councilman McFarland, seconded by Council - Hearing man Johnson, and carried, the following item was set for public hearing on October 5, 1981, at 6:30 p.m., in the R-81-10 Council Chambers of City Hall: Rezone Petition R-81-10, Costa Mesa City Council, for permission to rezone prop- erty located at 1769 Anaheim Avenue from R3 to R2. Environmental Determination: Exempt. Improvements Improvements have been completed to the satisfaction of for DR -79-44 the Director of Public Services by Gerard Wooters, 6106 Wooters West Ocean Front, Newport Beach, in connection with Development Review DR -79-44, for property located at 2482-84 Newport Boulevard. On motion by Councilman McFarland, seconded by Councilman Johnson, the work was accepted, and the bonds were ordered exonerated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Improvements Improvements have been completed to the satisfaction of in Tract 10275 the Director of Public Services by McLain Development McLain Company, 1470 Jamboree Road, Newport Beach, in connec- tion with Tract 10275, located at the southeast corner of Fairview Road and Sunflower Avenue. On motion by Councilman McFarland, seconded by Councilman Johnson, the work was accepted, and the bonds were ordered exon- erated, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Notice of The work has been completed to the satisfaction of the Completion Director of Public Services for Street Maintenance .Street Maintenance 1979-80 Phase II, and 1980-81 by All American Asphalt, 1979-80, Phase II 932 Town and Country Road, Orange. On motion by Coun- and 1980-81 cilman McFarland, seconded by Councilman Johnson, the work was accepted, the Clerk was authorized to file a Notice of Completion, and the bonds were ordered exon- erated 35 days after filing the Notice of Completion. The motion carried by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None 35.4 Agreement - County An agreement with the County of Orange was presented, of Orange for County Health Officer services relating to the following City ordinances: No. 76-16, farm labor; Health Services No. 74-43, food; No. 65-100, housing; No. 73-21, well construction; and also relating to mobile x-ray units. The City is not charged for the services provided under subject agreement. On motion by Councilman McFarland, seconded by Councilman Johnson, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement with Arthur Young and Company, Post Office Arthur Young Box 1962, Santa Ana, was presented. The agreement stipulates payment by the City of $8,000.00 for the Retirement annual audit of the Safety Employees' Retirement Plan. Plan Audit On motion by Councilman McFarland, seconded by Council- man Johnson, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement with Public Technology, Incorporated, 1301 Public Technology Pennsylvania Avenue Northwest, Washington, D.C., was presented. The agreement, in the amount of $6,000.00, Geo -processing is for contractor to provide geo-processing technical Technical and and 1980 census assistance. On motion by Councilman Census McFarland, seconded by Councilman Johnson, the agreement was approved, and the City Manager was authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Budget Budget Adjustment 82-15, in the amount of $50,015.00, Adjustment 82-15 was presented, and provides for the proper balance of accounts relating to Housing and Community Development Program land acquisition, rental housing, and housing upgrade. On motion by Councilman McFarland, seconded by Councilman Johnson, Budget Adjustment 82-15 was approved by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Fairview Road One bid received for Fairview Road Embankment Stabili- Embankment zation at the San Diego (405) Freeway, is on file in Stabilization the Clerk's office. On motion by Councilman McFarland, seconded by Councilman Johnson, the contract was awarded Awarded to to Hillside Repair, Incorporated, 2881 La Cresta Avenue, Hillside Repair Anaheim, in the amount of $61,665.00, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Bid Item 512 One bid received for Bid Item 512, Furnish and Install Flooring for Flooring at Balearic Community Center, is on file in Balearic Center the Clerk's office. On motion by Councilman McFarland, seconded by Councilman Johnson, the bid was awarded to [1 355 Awarded to Alden's Carpets, 1663 Placentia Avenue, Costa Mesa, in Alden's Carpets the amount of $7,418.88, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Bid Item 513 Bids received for Bid Item 513, Disc Drives for NCR Disc Drives for Century 201 Computer, are on file in the Clerk's Computer office. On motion by Councilman McFarland, seconded by Councilman Johnson, the bid was awarded to Vande- . Awarded to grift and Associates, Incorporated, 100 North Main Vandegrift Street, Goodlettsville, Tennessee, in the amount of $8,800.00 plus tax, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement - Kobata An agreement with Roger Kobata and Associates, Incor- porated, 570 West Lambert Road, Suite "L", Brea, was Services for presented. The agreement stipulates payment by the Renovation at City of $21,500.00, for engineering services, consul - Lions Park tation, and architectural services to renovate the picnic shelter facility at Lions Park. On motion by Councilman McFarland, seconded by Councilman Johnson, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote:, AYES: Council -Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Agreement - Hayes An agreement with Hayes and Associates, Incorporated, 2740-C Harbor Boulevard, Santa Ana, in an amount not to Engineering exceed $5,000.00, was presented. The agreement provides Services at for engineering services by the contractor at Vista Park Vista Park for the Victoria Street slope stabilization. On motion by Councilman McFarland, seconded by Councilman Johnson, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of .the City, by the follow- ing roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None .ABSENT: Council Members: None Contract Amendment An amendment to a third -party agreement with the County - County of Orange of Orange, dated June 23, 1981, was presented, and relates to the Criminal Justice System Subvention Pro - Juvenile Diversion/ gram for operation of the Laguna Shelter Juvenile Laguna Shelter Diversion Program. The amendment provides for compen- sation by the County to the City for actual operating expenditures in an amount not to exceed $92,159.00. On motion by Councilman McFarland, seconded by Councilman Johnson, the contract amendment was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Contract Amendment An amendment to a third -party agreement with the County - County of Orange of Orange, dated June 23, 1981, was presented, and .relates to the Criminal Justice System Subvention Pro - Juvenile gram for operation of Y.S.P., Incorporated, Juvenile Diversion/Y.S.P. Diversion Program. The amendment provides for compen- sation by the County to the City for actual operating expenditures in an amount not to exceed $42,300.00. On motion by Councilman McFarland, seconded by Councilman Johnson, the contract amendment was approved, and the Mayor and Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Business Permit Item 3 on the Consent Calendar was presented, for an Sunset/Hoagy entertainment permit for Sunset Restaurants, Incorpor- Barmichael's ated, doing business as Hoagy Barmichael's, 1976 Newport Boulevard, to allow public dancing at the above address. The Revenue Division recommended approval to September 30, 1982, subject to one condition. Council Members Hertzog, Schafer, and Johnson reported that they had received telephone calls from residents in the subject area complaining of loud noise originating from appli- cant's establishment, especially at closing time. In response to Councilman McFarland's inquiry, the City Clerk stated that no written complaints had been received. Julian Boryczewski, one of the operators of subject business, related the steps he has taken to abate noise at this location, and answered questions from the Council. After discussion, a motion was made by Vice Mayor Hall, seconded by Councilman McFarland, to extend the permit for six months subject to one condition of the Revenue Division, after which time the Council will again review the application. The motion carried, Council Members Schafer and Hertzog voting no. Final Map for Item 7 on the Consent Calendar was presented, Final Map Tract 10928 for Tract 10928, Jimmy B. Brooks, developer, 1668 New Hampshire Drive, Costa Mesa; -one lot, 0.90 -acre, located Removed from Agenda at 920-936 West 18th Street, for condominium purposes. On motion by Councilman McFarland, seconded by Vice End of Mayor Hall, and carried, this item was removed from the Consent Calendar Agenda as recommended by the Director of Public Services. R-79-06 - Brooks The Mayor presented for second°reading and adoption, Ordinance 79-14, being AN ORDINANCE OF THE CITY COUNCIL Adoption of OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZON- Ordinance 79-14 ING OF A PORTION OF LOT 1004, NEWPORT MESA TRACT, FROM R2 TO R3, in connection with Rezone Petition R-79-06, Held Over Jimmie B. and Rebecca Brooks, for property located at 932 and 936 West 18th Street. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, this item was continued to the meeting of November 2, 1981, as recommended by the Development Services Director. R-79-16 - Brooks The Mayor presented for second reading and adoption, Ordinance 80-5, being AN ORDINANCE OF THE CITY COUNCIL Adoption of OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZON- Ordinance 80-5 ING OF A PORTION OF LOT 1004, NEWPORT MESA TRACT, FROM R2 TO R3, in connection with Rezone Petition R-79-16, Held Over Jimmie B. and Rebecca Brooks, for property located at 920 - 926 West 18th Street. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, this item was continued to the meeting of November 2, 1981, as recommended by the Development Services Director. R-81-08 On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, Ordinance 81-13, being AN ORDINANCE OF THE CITY Ordinance 81-13 COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING Adopted THE ZONING OF LOTS FOUR THROUGH TEN OF TRACT 3954, LOT ONE AND PORTIONS OF LOTS TWO AND THREE, BLOCK "F", BERRY TRACT, FROM MG TO C2, in connection with Rezone Petition R-81-08, Costa Mesa City Council, for property located at 2930 Bristol Street; 690, 691, 696, 697, 702, 703, and 709 Randolph Avenue; and the 5.78 -acre parcel at the eastern terminus of Randolph Avenue, was given second reading and adopted by the following roll call vote: AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None Rehearing - Use The Clerk.presented rehearing of Council's denial of a of TeWinkle Park request from Kathy Kale, President of the senior class by Tustin High of Tustin High School, Tustin, for permission to hold School Students a homecoming dance at TeWinkle Park on the evening of October 24, 1981. Kathy Kale, 1841 Brookshire Avenue, Denied Tustin, stated that the dance would be held on the soccer field, and that approximately 500 to 600 students were expected to attend. During discussion, the Council expressed their concern that this type of activity dur- ing evening hours would create a noise problem for neighboring residents. Vice Mayor Hall suggested that Miss Kale contact the Orange County Fairgrounds, 88 Fair Drive, because of its larger size and parking area. Councilman Johnson.stated that there were commercial buildings in Santa Ana which might be satisfactory for the subject use. On motion by Vice Mayor Hall, seconded by Councilwoman Hertzog, and carried, the request was denied. Warrant On motion by Councilman McFarland, seconded by Council - Resolution 1154 woman Hertzog, Warrant Resolution 1154, including Payroll 8119, was approved by the following roll call vote: :AYES: Council Members: Schafer, Hall, Hertzog, McFarland, Johnson NOES: Council Members: None ABSENT: Council Members: None I.B.E.W. vs City The City Attorney presented a request to add City of Gridley support in the case of I.B.E.W. versus the City of Gridley, relating to discharge of city employees who go on strike illegally. The City Attorney reported that the trial and appeal courts had upheld the position of the City of Gridley, however, the California Supreme Court has agreed to hear the case. On motion by Coun- cilman McFarland, seconded by Councilwoman Hertzog, and carried, the City Attorney was authorized to execute necessary documents to add the City of Costa Mesa as a party to the Brief on behalf of the League of California Cities, supporting the City of Gridley position. Public Hearing The Clerk announced the public hearing, continued from Appeal from Coral the meeting of August 17, 1981, to consider an appeal Reef Motel - Tax from Coral Reef Motel, 2645 Harbor Boulevard, relating Liability to the Finance Department's decision concerning collec- tion of taxes. Robert Oman, the City's Director of Held Over Finance, reviewed the information contained in a memo- randum from the Revenue Supervisor dated September 3, 1981, with attachments, relating to the Transient Occu- pancy Tax liability assessed by the Finance Department. Mr. Oman reported that the major discrepancy which exists is in regard to tax exemptions for Federal or State employees when on official business, and referred to Municipal Code Sections .16.-69 (Exemptions) and 16-76 (Records Required). Mr. Oman stated that the Coral Reef management had not produced proper certificates of exemption. Richard V. McMillan, 2742 Drake Avenue, Costa Mesa, attorney for subject motel, elaborated on his client's record keeping system, and voiced his opinion that the information supplied to the City should be acceptable. During lengthy discussion, Mr. McMillan 358 and Mr. Oman answered numerous questions from the Coun- cil. Mr. Fabian, owner of subject establishment, was in the audience and provided information requested by the Council. A motion was made by Councilman McFarland, seconded by Vice Mayor Hall, and carried, to continue the public hearing to the meeting of November 2, 1981, in order to give the appellant an opportunity to sub- mit more detailed records. Recess The Mayor declared a recess at 8:35 p.m., and the meeting reconvened at 8:45 p.m. Public Hearing The Clerk announced that this was the time and place set Amusement Center for the public hearing for discussion of the Amusement Ordinance Study Center Ordinance.Study. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Senior Planner referred to a memo- randum dated September 10, 1981, and the subject Study which includes the following: an examination of exist- ing Municipal Code provisions regulating electronic game machines and amusement centers/arcades; an inventory of community concerns regarding the establishment of such uses within the City; a survey of regulations developed to control such uses within surrounding communities; identification of alternative means to regulate these uses within the City of Costa Mesa; policy questions regarding the definition of an amusement center, proper location of amusement centers, and the application of additional design standards for operational controls for future uses; and recommendations of the Planning Commission. Mayor Schafer announced that public input would be heard Policy for Policy Question I; What constitutes an amusement Question I center? Lucien Bisson, 774 Allegheny Avenue, Costa Mesa, implied that "amusement center" was too general a term to be used to describe an establishment which contained electronic games. Dennis Ray, 11389 Goldenrod Avenue, Fountain Valley, expressed his opinion that a business .should be defined as an "amusement center" only if its primary income, or a substantial percentage, was derived from electronic games. Paul J. Riccardi, Jr., 4000-206 Park Newport, Newport Beach, stated he. was investigating the possible purchase of an ice cream store and intended to install electronic game machines to supplement his rent, and he would not consider that type of store an "amusement center". William Maglothin, 14341 Mariner Lane, Westminster, stated that young people are relaxed after playing the game machines. Mike Hilander, 9861 Kite Drive, Huntington Beach, stated that an "amusement center" should be defined by the income from the games. Sid 'Soffer, 900 Arbor Street, Costa Mesa, expressed his opinion that instead of asking the citizens for input, the City Attorney should deter- mine legality of the proposed ordinance, and Planning staff should correct any zoning problems. After discus- sion, a motion was made by Vice Mayor Hall, seconded by Councilman McFarland, and carried, recommending that a Conditional Use Permit be required for more than three game machines in any one location. Mayor Schafer announced that public discussion would be Policy held concerning Policy Question II, Where should amuse - Question II ment centers and.game machines be permitted? The following persons spoke in opposition to restricting locations of game machines: Lance Hailstone, 1102 E1 Camino Drive, Costa Mesa; Keith Romerts, 26631 Dorothea Street, Mission Viejo; Dennis Ray; Ralph Umbriaco, 17671 Bushard Street, Fountain Valley; Dan Baldwin, 25041 Ericson Way, Laguna Hills; and Thomas Montanio, 21925 Paint Brush Lane, Diamond Bar. Sid Soffer spoke regarding license fees and setting standards relative 1 to amusement.games, and again stated that the City's legal department should be addressing the policy ques- tions. Councilwoman Hertzog responded that the City Attorney would draft the ordinance, however, the Council wanted public input, and the people in the audience had expertise to offer and had their investments to consider. A motion was made by Vice Mayor Hall, seconded by Coun- cilman McFarland, and carried, recommending that game machines be permitted in all commercial zones. Policy Mayor Schafer introduced Policy Question III, Should Question III there be additional location controls? Douglas Toohey, 1149 E1 Camino Drive, Costa Mesa, voiced his opinion that game machine businesses are not properly super- vised. The following persons spoke in opposition to additional location controls: Eli Doneff, 9370 Madison Avenue, Westminster; John Kamalani, 8421 Seaport Drive, Huntington Beach; Ira Bettelman, 2891 West Pico Boule- vard, Los Angeles; Dan Baldwin; Nelson Foltz, 5772 Garden Grove Boulevard, Westminster; Diek Corbit, 1011 E1 Camino Drive, Costa Mesa; and Stephen West, 2710 East Snowfield Street, Brea. There being no other speakers, the Mayor closed the public discussion for Policy Question III,. A motion was made by Vice Mayor Hall, seconded by Councilman McFarland, and carried, recommending no additional location controls. Policy Mayor Schafer introduced Policy Question IV, What Question IV additional controls/conditions should be applied to amusement centers? -Barbara Toohey, 1149 E1 Camino Drive, Costa Mesa, stated that she preferred to have game machine establishments closed during school hours, or that minors not be permitted to be in stores with game machines during school hours. 'There being no other speakers, the Mayor closed the public discussion for Policy Question IV: A motion was made by Councilman McFarland, seconded by Mayor Schafer, and carried, recommending that adult supervision be required, and that Conditional Use Permits be granted for a limited time period. A motion was made by Councilman McFarland recommending that bicycle and moped parking facilities be provided, -however, the motion died for lack of a second. A motion was made by Vice Mayor Hall, seconded by Councilman McFarland, and carried, directing staff to explore alternatives regarding operation of games during school hours. On motion by Vice Mayor Hall, seconded by Councilman McFarland, and carried, recom- mendation was made that security lighting be provided when appropriate. A motion was made by Vice Mayor Hall, seconded by Councilman McFarland, and carried, directing staff to explore alternatives for the provision of trash receptacles if food service is permitted. A motion was made by Vice Mayor Hall, seconded by Councilman Johnson, and carried, reaffirming the City's ordinance regarding restroom facilities. Policy Mayor Schafer introduced Policy Question V, How should Question V existing machines/centers be treated? Lance Hailstone expressed support.for existing uses to be "grand- fathered". Sid Soffer stated his opinion that this policy question was a legal matter. There being no other speakers, the Mayor closed the public hearing. A motion was made by Vice Mayor Hall, seconded by Council- man McFarland, and carried, recommending that provisions of the proposed ordinance be retroactve'for game machines within the City. The -Assistant -_City -_Manager reported that it was appropr.i'ate for staff to,"submit an implementation plan along with .the -draft ordinance, said plan to contain approximate costs -of -enforcement Referred to and staff time. During discussion,-the'Counci'T agreed Study Session to refer this item to a Study Session on-October=26, 360 1981, at 2:00 p.m., in the fifth floor Conference Room. Since a minor change in format was made for public input on Policy Questions III, IV, and V, a motion was made by Vice Mayor Hall, seconded by Councilman McFar- land, and carried, reaffirming the Council's position for Policy Questions I and II. Councilman Councilman McFarland left the Council Chambers at this McFarland Leaves time and did not participate in the vote for the next public hearing. Public Hearing The Clerk announced that this was the time and place set Abatement of for thepublic hearing to receive the report and to hear Dangerous protests and.objections regarding the assessment of Buildings charges incurred in the abatement of dangerous buildings at 1906 Pomona Avenue; Jay R: Mullins, property owner. The Affidavits of Publishing, Mailing, and Posting are on file in the Clerk's office. No communications have been received. There being no speakers, the Mayor closed the public hearing.- A motion was made by Vice Mayor Hall, seconded by Councilman Johnson, and carried, Coun- cilman McFarland absent, accepting the report as written, and authorizing assessment of the property owner for costs incurred by the City, in the amount of $1,295.00, to abate dangerous buildings on the subject property. Councilman Returns _ Councilman McFarland returned to the Council Chambers. EP -81-06 The Clerk presented Encroachment Permit EP -81-06, South - Troy Investment west Engineering, authorized agent for Troy Investment Fund, 4321 Birch Street, Newport Beach, to allow reten- tion of improvements including landscaping and parking in the City right-of-way, located at 711 West 17th Street, in an MG zone. Environmental Determination: Exempt. On motion by Vice Mayor Hall, seconded by Coun- cilman Johnson, and carried, the request was approved, based on the findings and analysis contained in the Staff Report, and subject to conditions recommended by the Planning Commission. Oral Sid Soffer, 900 Arbor. Street, .Costa Mesa, referred to a Communications newspaper article in the Daily Pilot containing an interview with the City Attorney, and a letter to the Court Cases editor by the City Attorney. Mr. Soffer spoke regarding various court cases, especially those involving the City of Costa Mesa. Councilmanic A motion was made by Mayor Schafer, seconded by Vice Comments Mayor Hall, and carried, directing staff to prepare a Proclamation in honor of the 75th anniversary of the Newport Beach City of Newport Beach, which is to be presented this 75th Anniversary month. Costa Mesa Police Mayor Schafer read a letter from Jack Heller, Manager, Commended La Quinta Motor Inn, commending the Costa Mesa Police Department for their assistance during a recent power failure. Adjournment At 11:10 p.m., the Mayor adjourned the meeting to October 5, 1981,.at 4:30 p.m., in the fifth floor Conference Room of City Hall. (: X,� A __L_ )�� �%.4L Mayor of the Ci y of Cost Mesa ATTEST: City Clerk of the City of Costa M sa J 1 7 �J