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HomeMy WebLinkAbout09/08/1987 - City CouncilROLL CALL MINUTES August 17 27, 1987 ORDINANCES REGUTAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 8, 1987 The City Council of the City of Costa Mesa, California, met in regular session September 8, 1987, 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 the Reverend Douglas McKenzie, Harbor Christian Fellovaship. Council Members Present: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Council Members Absent: Nine Officials Present: City Manager, City Attorney, Assistant Development Services Director/Planning, Public Services Director, City Clerk On motion by Council Member Wheeler, seconded by Council and Member Buffa, arra carried 5-0, the minutes of the regu- lar meeting of August 17, 1987, and the adjourned meet- ing of August 27, 1987, vere approved. A motion was made by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, to react all ordinances by title only. PROCLAMATION Mayor Hall read a proclamation declaring September, Cystic Fibrosis 1987, as "Cystic Fibrosis Awareness Month". The docu- Awareness Month ment was presented to Anna Couch. PROCLAMATION Mayor Hall read a proclamation declaring September 18, P.O.W. - M.I.A. 1987, as "National P.O.W. - M.I.A. Recognition Day". Recognition Day The Mayor presented the document to Bob Hanson, Commander, American Legion Post No. 455. ANNOUNCEMENT Mayor Hall announced that the second public hearing, rehearings concerning supplemental findings for PA -87-15 (Home Ranch) ; and approval of General Plan Amendment GP -87-4 concerning maximum development intensity levels for certain properties in North Costa Mesa, will be continued to a future meeting . ORAL Karol Herbert, 729 West 16th Street, Costa Mesa, owner COMMUNICATIONS of Karol's Kids, child care service located at the Rea Community Center, reported that the City is evicting Karol's Kids her from the center although she has not received an Eviction eviction notice. Ms. Herbert stated that City officials should have discussed the situation with her before taking eviction action. Mayor Hall mentioned that he had received Ms. Herbert's postcard as well as a letter from her attorney. MOTION + After brief discussion, a motion was made by Council Scheduled for Member Wheeler, seconded by Council Member Buffa, and Septanber 21, carried 5-0, scheduling this item for September 21, 1987 1987. CONSENT CALENIIAR The following item was removed from. the Consent Calendar: Item 15, Write off of uncollectible accounts receivable. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Hornbuckle, Buffa None None READING FOLEER On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Barry Gerson for Universal Reproductions South; Sue Van Eizenga; and Law offices of Iverson, Yoakum, Papiano, and Hatch, for Ned West, Incorporated. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Federated Department Stares, Inc., doing business as Bullock's South Coast Plaza, 3333 Bristol Street; Caimelita and Robert Vitale, doing business as Round Table Pizza, 1175-A Baker Street; and Saba A. Saba, doing business as Liquor 21, 1601 Newport Blvd. Public Notice from the Public Utilities Commission advising Utilities that Southern California Gas Company has filed Commission Application No. 87-07-048, requesting authority to decrease its rates by $74,000.00 annually, effective January 1, 1988. United Notice of Intention to Appeal or Solicit for Charitable Children's Fund Purpose was received from United Children's Fund, 1747 Pennsylvania Avenue Northwest, Suite 1000, Washington, D. C., by soliciting funds for various charitable organizations from August 1, 1987, to August 1, 1988. MOTION On motion by Council Member Hornbuckle, seconded by Vice Permit Approved Mayor Amburgey, and carried 5-0, the permit was approved subject to one condition and with application of Munici- pal Code Section 9-234(j). SET FOR PUBLIC On motion by Council Member Hornbuckle, seconded by Vice HEARING Mayor Amburgey, and carried 5-0, the following item was September 21, 1987 set for public hearing September 21, 1987, at 6:30 p.m., in the Council Chambers of City Hall: Density An ordinance amending sections 13-136(A)(2), Calculations 13-148(A)(2), and 13-174(A)(2) of the Costa Mesa Municipal Code regarding rounding up residential density calculations in R2, R3, and R4 zones. REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, an Application for Davy Leave to Present a Late Claim from John Andrew Davy was denied. Notice from Valley Airport Shuttle, Van Nuys, that an application has been filed with the Public Utili- ties Commission, requesting a certificate of public convenience and necessity to expand its passenger stage service areas. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose was received from Girl Scout Council of Orange Girl Scouts County, 1620 Adams Avenue, Costa Mesa, by selling calendars from October 15 to November 15, 1987, and by selling cookies from January 21 to March 21, 1988. MOTION On motion by Council Member Hornbuckle, seconded by Vice Permit Approved Mayor Amburgey, and carried 5-0, the permit was approved with application cf Municipal Code Section 9-234(j). United Notice of Intention to Appeal or Solicit for Charitable Children's Fund Purpose was received from United Children's Fund, 1747 Pennsylvania Avenue Northwest, Suite 1000, Washington, D. C., by soliciting funds for various charitable organizations from August 1, 1987, to August 1, 1988. MOTION On motion by Council Member Hornbuckle, seconded by Vice Permit Approved Mayor Amburgey, and carried 5-0, the permit was approved subject to one condition and with application of Munici- pal Code Section 9-234(j). SET FOR PUBLIC On motion by Council Member Hornbuckle, seconded by Vice HEARING Mayor Amburgey, and carried 5-0, the following item was September 21, 1987 set for public hearing September 21, 1987, at 6:30 p.m., in the Council Chambers of City Hall: Density An ordinance amending sections 13-136(A)(2), Calculations 13-148(A)(2), and 13-174(A)(2) of the Costa Mesa Municipal Code regarding rounding up residential density calculations in R2, R3, and R4 zones. REJECTED CLAIMS On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, an Application for Davy Leave to Present a Late Claim from John Andrew Davy was denied. Ewing On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim from John K. Ewing was rejected. Torres On motion by Council Member Iiornbuckle, seconded by Vice Mayor Amburgey, and carried 5-0, the claim and amended claim from Hector Torres were rejected. Nationwide/ On motion by Council Member Hornbuckle, seconded by Vice Richardson Mayor Amburgey, and carried 5-0, the claim from Nation- wide Insurance/Kalyn R. Richardson was rejected. Porter On motion by Council Member Hornbuckle, seconded by Vice Mayor Anburgey, and carried 5-0, the claim from Attorney Robert E. Perkins Jr. for Patrick Porter was rejected. ADMINISTRATIVE Bids received for Bid Item No. 772, Demolish Various ACTIONS Buildings within the City, are on file in the Clerk's office. On motion by Council Member Hornbuckle, sec - Bid Item No. 772 onded by Vice Mayor Amburgey, the contract was awarded Demolish Various to Pcmona Valley Equipment Rental, Incorporated, 17301 Buildings Beach Boulevard, Suite 8, Huntington Beach, for $14,450.00. The motion carried by the following roll MOTION call vote: Awarded to Pomona AYES: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Valley Equipment Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item No. 778 Bids received for Bid Item No. 778, Photographic Paper Photographic Processor, are on file in the Clerk's office. On motion Paper Processor by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the contract was awarded to Photolab Fabrica- MOTION tions and Planning Services, Incorporated, 419 Del Monte Awarded to Street, Pasadena, for $16,672.74. The motion carried by Photolab the following roll call vote: Fabrications AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1986-87 Street Bids received for 1986-87 Street Maintenance, Recon - Maintenance/ struction, Hot Rubberized Chip Seal, Slurry, and Overlay Reconstruction, are on file in the Clerk's office. On motion by Council Chip Seal, Slurry, Member Hornbuckle, seconded by Vice Mayor Amburgey, and Overlay the contract was awarded to Sully -Miller Contracting Canpany, 6145 Santiago Canyon Road, Orange, for MOTION $858,148.15. The motion carried by the following roll Awarded to call vote: Sully -Miller AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/SYCOM The Director cf Public Services recam-ended approval of an agreement with SYCCM Corporation, 1050 Thomas Energy Services Jefferson Street Northwest, Washington, D. C., for impleirentation of selected energy efficient alterna- MOTION tives, and authorizing the City Manager to approve Agreement each project. On motion by Council Member Hornbuckle, Approved seconded by Vice Mayor Anburgey, the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: OOUNCIL MEMBERS: Hall, Amburgey, [nhieeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 Agreement/R & A The Director of Public Services recommended approval of Parcel Five (Arnel) a conditional reimbursement agreement with R & A Parcel Five (Arnel Development), 950 South Coast Drive, Costa I-405/South Coast Mesa; for design of the South Coast Drive off -ramp for Drive.Off-ramp northbound traffic from the -I-405 Freeway. On motion by Council Member Hornbuckle, seconded by Vice Mayor MOTION Amburgey, the agreement was approved, and the Mayor and Agreement Clerk were authorized to sign on behalf of the City. Approved. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa Change Order No. 3 NOES: COUNCIL MEMBERS: None Hekimian and. ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle, seconded by No. 88-06/South Vice Mayor Anburgey, Budget Adjustment No. 88-06 for Coast Drive Storm $330,000.00, for the South Coast Drive Storm Drain, Drain was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, MOTION Hornbuckle, Buffa Adjustment NOES: COUNCIL MEMBERS: Ibne Approved ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle, seconded by Nos. 88-14 and Vice Mayor Amburgey, Budget Adjustments No. 88-14 for 88 15/Golf Course $11,000.00, and No. 88-15 for $24,000.00, for construc- Drive Bike Trail tion of a bike trail from Golf Course Drive to Merrimac Way, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Adjustment Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: Ibne ABSENT: OOUNCIL MEMBERS: None Budget Adjustment On motion by Council Member Hornbuckle, seconded by No. 88-18/Joint Vice Mayor Anburgey, Budget Adjustment No. 88-18 for Entrance.between $7,810.00, to construct a joint entrance between City City Hall and SCC Hall and Southern California College (SCC), was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Adjustment Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Charge Order No. 3 The Director of Leisure Services recammended approval Zagros Company of Change Order No. 3 for $4,180.00, to the contract with Zagros Company, 30 Wintersweet Way, Irvine, for Rea Center additional improvements needed for completion of the Rea Improvements Community Center project. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the change MOTION order was approved by the following roll call vote: Change Order AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Approved Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 3 The Director of Public Services recommended approval of Hekimian and. Change Order No. 3 for $5,945.00, to the contract with Associates Hekimian and Associates, 15142 Golden West Circle, Westminster, to replace pumping and dispensing equipment Bid Item No. 745-A for two fueling sites at the Baker Street Fire Station UndergroundStorage and the Police Facility, in connection with Bid Item Tanks No. 745, Revision A, Underground Storage Tanks. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the change order was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Charge Order Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Charge Orders No. 1 and No. 2 McGrew Construction 1986-87 Street and Parkway Maintenance/ Wilson. Street MOTION Change Orders Approved Cooperative Purchasing MOTION Resolution 87-91 Adopted The Director of Public Services recammended approval of Change Order No. 1 for $10,181.50, and Change Order No. 2 for $11,025.30, to the contract with McGrew Construction Company, Post Office Box 6540, Anaheim, for additional work required in connection with 1986-87 Street and Parkway Maintenance for Wilson Street between Harbor Boulevard and Placentia Avenue. On motion by Council Member HDrnbuckle, seconded by Vice Mayor Amburgey, the change orders were approved by the follow - i rg roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa None None NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: The Purchasing Agent requested adoption of a resolution for cooperative purchasing among various public agencies to obtain lower unit prices for certain items. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, Resolution 87-91, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE PURCHASE OF CERTAIN ITEMS AS A MEMBER OF A COOPERATIVE PURCHASING GROUP COMPOSED OF VARIOUS CITIES, SCHOOL DISTRICTS, AND OTHER TAX SUPPORTED ENTITIES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None Accepting Offer The Director of Public Services recommended that Council to Dedicate Lots accept an Offer to Dedicate Lots A and B, Tract 8208, A and B of Tract located at the end of Airport Loop Drive which is an 8208 (Airport access point to John Wayne Airport. Acceptance of Lots Loop Drive) A and B, and granting a permit to the County will have Maintenance/Denver no detrimental effects on the City since appropriate MOTION conditions will be added to the permit. On motion by Resolution 87-92 Council Member Hornbuckle, seconded by Vice Mayor Adopted Amburgey, Resolution 87-92, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION ACCEPTING AN OFFER TO DEDICATE LOTS A AND B OF TRACT Change Orders NO. 8208, was adopted by the following roll call vote: Approved; Work AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Accepted Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None Change Orders No. 8 The Director of Public Services recommended approval of and No. 9; Notice Change Order No. 8 for $18,304.80, and Change Order of Completion No. 9 for $5,858.20, to the contract with B-1 Enterprise B-1 Enterprise Corporation, Post Office Box 714, Rancho Cucamonga, in connection with 1986-87 Parkway Maintenance (Denver 1986-87 Parkway Drive, Ludington Street, Marquette Circle, Grand Haven Maintenance/Denver Circle, Fayette Circle, and Baker Street and Mendoza Drive etc. Drive). The change orders were for increased sidewalk quantities and increased roadway reconstruction. All work has been completed to the satisfaction of the Director of Public Services. MOTION On motion by Council Member Hornbuckle, seconded by Vice Change Orders Mayor Pmburgey, the change orders were approved; the Approved; Work work was accepted; the Clerk was authorized to file a Accepted Notice of Completion; authorization was given to release .remaining retention funds 35 days thereafter; the Labor and Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the follow- ing roll call vote: 1 x.9`7 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Ibrnbuckle, Buffa None None Notice of Canpletion Reconstruction of the Parking Lot at Fire Station No. 4 Gillespie has been canpleted to the satisfaction of the Director Construction of Public Services by Gillespie Construction, 3004 Deodar Avenue, Costa Mesa. On motion by Council Member Reconstruct Parking Hornbuckle, seconded by Vice" Mayor Amburgey, the work Lot at Fire Station was accepted; the Clerk was authorized to file a Notice No. 4 of Ccmpletion; authorization was given to release 50 percent of retention funds ($15,995.43) 35 days there - MOTION after; -the Labor and Material Bond was ordered exoner- Work Accepted ated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following "roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of.Canpletion 1986-87 Street and Parkway Maintenance for Country Club Blair Paving Drive, Oxford Lane, Greenbriar Lane, Myrtlewood Street, and Jacaranda Avenue has been canpleted to the satisfac- 1986-87 Street and tion of the Director of Public Services by Blair Paving, Parkway Maintenance/ 4226 East La Palma Avenue, Anaheim. On motion by Country Club Drive Council Member Hornbuckle, seconded by Vice Mayor etc. Amburgey, the work was accepted; the Clerk was author- ized to file a Notice of Conpletion; retention funds MOTION were ordered exonerated 35 day thereafter; the Labor Work Accepted and.Material Bond was ordered exonerated 7 months there- after; and the Performance Bond was ordered exonerated 12 months thereafter. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT : COUNCIL MEMBERS: None Final Map for The Director of Public Services recommended approval of Tract No. 13042 Final Map for Tract No. 13042, Donald and Nancy McHone, McHone 17702 Mitchell North, Irvine, developers; one lot, 0.46 -acre, located at 2370 Elden Avenue, for condominium MOTION purposes. On motion by Council Member Hornbuckle, Map Approved seconded by Vice Mayor Amburgey, the map was approved; the Council did accept on behalf of the City the three- foot public utility easement as dedicated and the easement for Emergency and security ingress/egress over Lot 1; and the Clerk was authorized to sign said map on behalf of the City. The motion carried by the followirxg roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Ebrnbuckle, Buffa NOES: COUNCIL MEMBERS: Nine ABSENT: COUNCIL MEMBERS: None Write Off of On motion by Council Member Hornbuckle, seconded by Vice Uncollectible Mayor Anburgey, authorization was given to write off Weed Abatement uncollectible accounts receivable invoices for $901.34, Charges for various weed abatement charges as detailed in staff's memroranda dated August 5 and August 31, 1987. MOTION The motion carried by the following roll call vote: Write Off AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Authorized Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Costa Mesa In a memorandum dated September 8, 1987, staff advised Family Village that several fornrer tenants of the City's Costa Mesa Deposits Family Village left their rental deposits with the City and staff has been unable to locate them. Based MOTION upon this information, staff requested that the non - Transfer of Funds refundable deposits totaling $350.00 be transferred Authorized to the Housing and Community Development (HCD) account for use by the City. On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, authori- zation was given to transfer the deposits to the HCD account. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference A motion was made by Council Member Fbrnbuckle, seconded Advances by Vice Mayor Amburgey, approving a Conference Advance for $1,033.00, for a police officer to attend the Smith/ MOTION Wesson Conference in Sunnyvale, September 20 through 26, Advance 1987. The motion carried by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, `heeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION A motion was made by Council Member Hornbuckle, seconded Advance by Vice Mayor Amburgey, approving a Conference Advance Approved for $482.00, fDr a police officer to attend the Public Information Officer Conference in San Luis Obispo, September 9 through 18, 1987. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, GVheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Write off of Item 15 on the Consent Calendar was presented: Write off Uncollectible of uncollectible damage and miscellaneous claims for a Damage and total of $29,087.48, as detailed in staff's memoranda Miscellaneous dated August 18 arra August 31, 1987., Claims Council Member Wheeler reported that one of the invoices on the list, No. 12217 for $16.61, is for a 1985 League of Cities Conference he attended. He stated that he was not aware that this bill was still due and has since tendered a check to the City for that amount. MOTION On motion by Council Member Wheeler, seconded by Council Write Off Member Hornbuckle, authorization was given to write off Authorized the uncollectible damage and miscellaneous claims excluding the $16.61 paid by Council Member Wheeler. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES:. COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of August 3, 1987, a request from J. A. King and Associates, Incorporated, Request to Rost Office Box 7992, Newport Beach, to process General Process GP -87-5A Plan Amendrrent GP -87-5A, to change the land use designa- J. A. King tion for 4.7 acres at 1850 4\hittier Avenue from Light Industry to High Density Residential. The Assistant Development Services Director/Planning reviewed staff's menorandum of September 2, 1987. Based on Council Policy 500-2, the request fails to meet any MOTION GP -87-5A Accepted for Processing one of the three criteria for acceptance; however it does not fall into either category for rejection. The Assistant Director mentioned that the applicant is submitting the request in compliance with California Government Code Section 65358(c), vh ich states that the limitation on the frequency of General Plan Amendments does not apply to those requests for a single develop- ment of residential units of which at least 25 percent will be occupied or available to persons and families of low or moderate income. Jerry A. King, Post Office Box 7992, Newport Beach, representing Abrams Development, Incorporated, spoke in support of the application, commenting that the proposed land use designation is compatible with the surrounding R3 and R4 properties. Mark Abrams, Abrams Development, Incorporated, 10861 Cherry Street, Los Alamitos, stated that the subject site is located adjacent to a day care center, and future tenants of the proposed apartment complex would be potential users cf the child care facility. Harold Jaspers, 1218 Sarni Key, Corona del Mar, owner of the site, expressed his opinion that the proposed development would enhance the surrounding residential properties. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, was under the impression that a General Plan Amendment is not .required for the subject site because of the adop- tion of Resolution 87-85 on August 3, 1987. (Resolu- tion 87-85, amended the City's General Plan to clarify intensity levels for four parcels north of the I-405 Freeway, arra discussed the building intensity arra population density levels for 107 specific study areas in the Land Use Element.) Ms. Genis commented that Resolution 87-85 provides for light industry, medium density residential, or high density residential; therefore, the applicant's request for a General Plan Amendment is not needed. Mayor Hall responded that there cannot be more than one land use designation for the same property. The Assistant Director attempted to clarify the action taken by the Council on August 3. The action was to clarify building intensity arra population density standards applicable to 107 study areas. There was no charge made to the land use designation of the properties. Ms. Genis conmented that answered adequately, and August 3, the Assistant three options were being A rut ion was made by Vic Council Member Buffa to GP -87-5A for processing. her question had not been that at the Council meeting of Director clearly stated that all adopted as alternative uses. e Mayor Amburgey, seconded by accept General Plan Amendment Council Member Wheeler mentioned that the request did not meet any of Council Policy 500-2 criteria except one; however, he would support the motion because the site is suitable for residential. He also commented that he would not support R4 zoning. Council Member Hornbuckle preferred delaying processing of the application until the entire expanded study area =047 �` Ji (shown on a map attached to staff's memorandum) could be considered. The motion to process General Plan Amendment GP -87-5A carried 4-1, Council Member Bornbuckle voting no. Floodproof ing The Clerk presented from the meeting of August 17, 1987, Standards second reading and adoption of Ordinance 87-18, concern- ing floodproofing standards. MOTION On motion by Council Member Buffa, seconded by Vice Ordinance 87-18 Mayor Amburgey, Ordinance 87-18, being AN ORDINANCE OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDIM ARTICLE 17-1/2, TITLE 13 OF THE COSTA MESA MUNICIPAL CODE, TO CLARIFY FLOODPROOFING STANrARES IN THE FLOOD HAZARD AREA, vas given second reading and adopted by the following roll call vote: AYES: OOUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None WARRANT'S On motion by Council Member Wheeler, seconded by Council Member Buffa, Warrant Resolution 1368, including Payroll MOTION 8717, and Warrant Resolution 1369 were approved by the Warrants 1368 and following roll call vote: 1369 Approved AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The Council agreed to hold a closed session at the end of regular business to discuss pending litigation per Closed Session Goverment Code Section 54956.9(a), as requested in the Authorized the City Attorney's memorandum dated September 2, 1987. Van Dusen The City Attorney requested authorization to settle the Claim claim of Eimy Lou Van Dusen as detailed in the confi- dential memorandum dated August 31, 1987. MOTION On motion by Council Member Buffa, seconded by Council Settlement Member Hornbuckle, the settlement was authorized by the Authorized following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Oh Lawsuit The City.Attorney requested authorization to settle the Mi Young Oh lawsuit as detailed in the confidential memorandum dated August 27, 1987. MOTION On motion by Council Member Buffa, seconded by Council Settlement Member Hornbuckle, the settlement was authorized by the Authorized following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Dbne ABSENT: COUNCIL MEMBERS: None CITY MANAGER The City Manager presented an agreement with the Mardan REPORT'S Center of Educational Therapy for purchase of property at 695 West 19th Street by the City, and summarized Purchase of his memorandum of September 5, 1987. Mardan Site The City agrees to pay Mardan $2 million for the prop- erty and improvements. Since it will be approximately 24 months before Mardan can relocate, the payment schedule has been adjusted as follows: $100,000.00 payment upon opening escrow, $1.4 million upon close of escrow, with the remaining $500,000.00, interest free, to be paid when the site is vacated. Ron Saienni, Board of Trustees, Mardan Center, commented that the City Manager's memorandum was a very accurate account of the purchase agreement. Mayor Hall announced that he serves on the Mardan Board of Trustees, arra although that does not constitute a conflict of interest, he will abstain fran voting so there can.be no question of propriety raised. Council Member Wheeler canmented that considering the terms of the agreement, the purchase price is actually $2.3 million; nevertheless, he favored the City's repurchasing the property. MOTION A imtion was made by Council Member Buffa, seconded by Agreement Council Member Hornbuckle, approving the agreement for Approved purchase of the Mardan site, authorizing the Mayor and Clerk to sign the document, and agreeing to consider uses for the property suggested by the City Manager. The motion carried by the.following roll call vote: AYES: COUNCIL MEMBERS: Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Ibne ABSENT: COUNCIL MEMBERS: None ABSTAINING: COUNCIL MEMBERS: Hall PUBLIC HEARING The Clerk announced the public hearing, continued fran R-87-10 the meeting of August 17, 1987, for Rezone Petition Wagoner R-87-10, John Wagoner, 702 West 173rd Place, Gardena, to rezone property at 685 West 18th Street from R2 to R3. Environmental Determination: Negative Declaration. The Assistant Development Services Director/Planning summarized the Staff Report. The applicant was not present for this hearing, nor was he present at the previous Council meeting. Mark Norando, 582 Park Drive, Costa Mesa, opposed the request for R3 zoning. MOTION On motion by Council Member Buffa, seconded by Mayor Held Over to Hall, the public hearing was continued to September 21, September 21, 1987 1987, and staff was directed to notify the applicant by certified mail that action will be taken at that meeting whether or not he is present. The motion carried 4-1, Council Member Wheeler voting no. PUBLIC HEARINGS The Clerk announced the public hearings for rehearings Rehearings/Gerais requested by Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, on the following items: Supplemental Adoption of Resolution 87-82, approving supplemental Findings for findings for Planning Action PA -87-15, C. J. Seger - PA -87-15 strap and Sons, 3315 Fairview Road, Costa Mesa, for Segerstran property located at One South Coast Place (Home Ranch site). GP -87,4 Adoption of Resolution 87-85, approving General Plan City of Costa Amendment GP -87-4, initiated by the City of Costa Mesa Mesa, concerning maximum development intensity levels for the Segerstrom property bordered by Harbor Boule- vard, Sunflower Avenue, Fairview Road, and the I-405; the Arnel Development property bordered by Bear Street and the 1,405; the Transpacific Development property bordered by Anton Boulevard and the I-405; and the Sakioka property bordered by Sakioka Drive, Sunflower Avenue, Main Street, and the 55 Freeway; and building intensity and population density levels for 107 specific study areas discussed int he Land Use Elenent . The Affidavit of Publication is on file in the Clerk's off ice . Nb ccmun icat ions were received. Mayor Hall stated that it is the Council's intention to continue these items for two weeks. (The City is await- ing the judge's decision on Superior Court Case No. 525440, filed by Costa Mesa Residents for Responsible Growth, concerning the adequacy of the City's General Plan and the Environmental Impact Report for the Home Rand project . ) Sandra Genis reported that she cannot be present in two weeks and asked that these items be continued for four weeks. The City Manager reminded the Council that the regular r seting of October 5, 1987, has been canceled. MOTION After the City Attorney answered questions from the Held Over to Council concerning court procedures relating to the October 19, 1987 lawsuit, a motion was made by Council Member Buffa, seconded by Council Member Wheeler, and carried 5-0, to continue these items to October 19, 1987. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, commented on the aforementioned lawsuit. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of appeal of the Planning Commission's denial of an amend- ZE-81-161A2 ment to a Planned Signing Program to include wall signs Smith in connection with Zone Exception ZE-81-161A2 from Stephen and Marilyn Smith, Compact Disc Warehouse, 103 East 17th Street, Suite No. 9, Costa Mesa, for property located at that address in a C1 zone. Environmental Detennination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. N� communications have been received. The Assistant Development Services Director/Planning reviewed staff's menDrandum of September 2, 1987. The Planning Cammission approved an amendment to the Planned Signing Program for a ground sign for Compact Disc Warehouse on East 17th Street, and denied the request for two wall signs (one for the applicant and one for Michi's Floral Creations) facing Newport Boulevard. Marilyn Smith, Compact Disc Warehouse, spoke about the importance of having signage along Newport Boulevard, and stated that in lieu of the wall sign, she would be satisfied with a sign on both the 17th Street and New- port Boulevard ground signs. Ms. Smith indicated that there is ample roan on both signs for their business. The Assistant Director mentioned that Condition of Approval Nc. 2 states that multi -tenant building tenants will be permitted inclusion on one ground sign only. Stephen Smith, Compact Disc Warehouse, spoke about staff's reference to visual clutter, and was of the opinion that the signs proposed for the subject site are minimal compared to other centers. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed his dislike for the City's Sign Ordinance. There being no other speakers, the Mayor closed the public hearing. MOTION A notion was made by Council Member Buf fa, seconded by ZE-81-161A2 Vice Mayor Amburgey, upholding the Planning Commission's Approved for approval for a ground sign on East 17th Street, approv- Additional ing inclusion of the Ccmpact Disc Warehouse name in the Ground Signage empty space on the Newport Boulevard ground sign, and deleting Condition No. 2. Council Member Wheeler commented about the many requests for rare signage than the Code allows. He suggested that if Council is going to continue to grant these variances, the Sign Ordinance should be changed. Council Member Hornbuckle suggested eliminating Condi- tion Iib. 2 only, which would allow the property owner to make the decision on signage for each business. The motion as stated by Council Member Buffa carried 3-2, Council Members Wheeler and Hornbuckle voting no. RECESS The Mayor declared a recess at 8:20 p.m., and the meet- ing reconvened at 8:30 p.m. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -85-179 appeal of the Planning Canmission's denial of Planning Hernandez/Pange Action PA -85-179 fran Arturo Hernandez, authorized agent for Er. Russell Pange, 1831 Orange Avenue, Costa Mesa, for expansion cf an existing bar located at 727 West 19th Street in a Cl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk' s of f ice. . Iib courtmmun icat ions have been received. MOTION On motion by Council Member.Hornbuckle, seconded by Vice Held Over to Mayor Amburgey, and carried 4-0, Council Member Wheeler September 21, absent, the public hearing was continued to September 1987 21, 1987, as requested by the applicant. Council Member Council Member Wheeler returned to the dais at this Wheeler Returned time. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -87-124 appeal cf the Planning CaT mission's denial of Planning Kalajian Action PA -87-124 frau Jack Kalajian, Costa Mesa Gun Shop, 3165 Harbor Boulevard, Suite "B", authorized agent for Harbor Mesa Trust, lost Office Box 92937, Los Angeles, for a sign variance at the above address in a Cl zone. The Affidavit of Mailing is on file in the Clerk's off ice . Db cammun icat ions have been received. The Assistant,Development Services Director/Planning summarized staff's memorandum of September 2, 1987. The applicant requested�a fourth business name on a ground sign with three existing business manes. The Sign Ordinance allows a maximum of three business names displayed on each side of a ground sign. The appeal frau Mr. Kalajian claims economic hardship as a justifi- cation for the requested signage; however, State and City laws say that findings must indicate that special circumstances exist relating to the property. Roy June, attorney for the applicant, 2970 Harbor Boule- vard, Suite 211,, Costa Mesa, referred to the information included with the appeal he filed for Mr. Kalajian, and MOTION Conditionally Approved Sign for Gun Shop stated he would not repeat that information. Mr. June discussed the tree conditions contained in the Staff Report. Considerable discussion ensued concerning the Planning Commission's determination that the Sherwin-Williams sign is a business identification sign rather than a plaza identification sign. Vice Mayor Amburgey commented that if the trip sign contained "Sherwin- Williams Plaza", then another business name could be added to that ground sign. Carol Herrara, Harbor Mesa Trust, reported that retail businesses have moved from the site because of inade- quate signage area. Jack Kalajian, Costa Mesa Gun Shop, stated that he operates a small family business and he needs a small sign for the business to survive. Sid Soffer, 900 Arbor Street, Costa Mesa, was in favor of approving a sign for the gun shop. There being no other speakers, the Mayor closed the public hearing. The Assistant Director reported that further research is needed to determine whether changing the top sign to read "Sherwin-Williams Plaza" would make it a center identification sign, thereby allowing three business identification signs. Council Members Hornbuckle and Wheeler were of the opinion that the Sherwin-Williams sign was obviously for business identification, and to grant a special privilege at this location would open the door for others to request the same consideration. Also, they believed the property owner should make the decision regarding sign area to be allotted to each tenant. A notion was made by Vice Mayor Amburgey, seconded by Council Member Buffa, permitting a sign for the gun shop as a third legal sign if the trustee can obtain approval from Sherwin-Williams to change its sign to include "Plaza", thereby making the Sherwin-Williams sign an identification for the center. Council Member Wheeler stated he could not support the motion unless the Sherwin-Williams logo were removed. Mr. June asked for direction regarding his options if Sherwin-Williams would not agree to changing its sign. The Assistant Director responded that if Sherwin- Williams does not agree to the sign change, the appli- cant can file for a rehearing within seven calendar days, otherwise, a new or modified application would have to be processed. The motion as stated by the Vice Mayor carried 3-2, Council Members Hornbuckle arra Wheeler voting no. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -87-129 appeal of the Planning Commission's denial of Planning Law/Yomtoubian Action PA -87-129 from Peter Law, 1658 Superior Avenue, Costa Mesa, authorized agent for Rosa Ycmtoubian, 2510 Vista Baya, Newport Beach, for a Conditional Use Permit for retail sales of automobiles, as well as limited retail sales of auto parts at an existing auto repair shop at 1658 Superior Avenue in an MG zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Assistant Development.Services Director/Planning summarized staff's memorandum dated September 2, 1987. The Planning Canmi.ssion denied retail sales of automo- biles and limited retail sales of auto parts at the existing auto repair shop, and applicant was directed to cease these two activities within 30 days. Peter Law camTented that the Planning Commission's denial was based on over -utilization of the site, inade- quate internal circulation, and insufficient parking; however, the illegal parking problem has been resolved and his new parking plan should improve internal circu- lat ion . Mark Norando, 582 Park Drive, Costa Mesa, did not object to the application but was concerned about the increas- ing number of car lots on Superior Avenue. Sid Soffer, 900 Arbor Street, Costa Mesa, mentioned that Council could limit the number of cars for sale. Peter Law spoke again and pointed out that his basic business is service and parts, and sale of cars is merely a service for his customers. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Amburgey, seconded by Council Sale of Autos Member Wheeler, and carried 5-0, the request for retail Denied; Sale of sales.of automobiles was denied and the request for Auto Parts Approved retail sales. of auto parts was approved subject to conditions. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -87-141 application frau Margarette Mamishian, 16 Pebblewood Mamishian Drive, Irvine, appealing the Planning Commission's approval of PA -87-141, for a variance from rear yard setback requirements to allow expansion of an existing bedroom to 17 feet, 6 inches by 10 feet (Ms. Mamishian requested a 12 -foot width),. located at 1904 Raymond Avenue, in an Rl zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's off ice . N� cammun icat ions have been received. The Assistant Development Services Director/Planning briefly summarized staff's memorandum of September 2, 1987. The Planning Commission deleted Conditions of Approval 5, 6, 7, and 8. Marzgarette Mamishian spoke in support of her request commenting that the additional two feet would be taken from the back yard. Sid Soffer, 900 Arbor Street, Costa Mesa, was in favor of granting the variance as requested by the applicant. There being no other speakers, the Mayor closed the public hearing.. Council Member Wheeler was opposed to approving the additional two feet requested by the applicant because the existing building and addition would then exceed the maximum allowable building area. MOTION Vice Mayor Amburgey made a motion to approve the vari- Approved Twelve- ance for expansion of the bedroom to 17 feet, 6 inches foot Width for by.12 feet as requested by the applicant based on the Bedroom findings contained in the Staff Report, and subject to Condition cf Approval No. 2 and Code Prov i s ion Nos. 1 through 4. The motion was seconded by Council Member Buffa, and carried 4-1, Council Member Wheeler voting no. PUBLIC HEARINGS The Clerk announced the public hearings to consider Rehearings rehearings requested by Kirk Russell, 316 Hamilton Requested by Street, Costa Mesa, concerning Council's approval. of Russell: the following items for Robert G. Chapman, 2037 South Capella Court, Costa Mesa, authorized agent for Aubrey GP-87-2B/R-87-09 L. Oliger, 2121 Doctors Circle, Costa Mesa: Chapman/Oliger General Plan Amendment GP -87-2B, changing the land use designation frau Medium Density Residential to High Density Residential for property located at 2111 Doctors Circle, 2110 - 2144 Thurin Street, and -325 Victoria Street Rezone Petition R-87-09, changing the zoning of 2111 Doctors Circle and 2110, 2120, and 2124 Thurin Street from R2 to R3. The Affidavit of Mailing is on file in the Clerk's office. A petition containing 35 signatures in opposition to both applications has been received. Kirk Russell asked that his request for the rehearings be continued for two weeks because he had a commitment at 10:00 p.m., and some of the people who were to speak on these items had already left the meting. Council Member Hornbuckle suggested allowing Mr. Russell five minutes to state his reasons why the rehearings should be granted. Mr. Russell contended that proper notification was not given for the Council public hearings. He stated that postcards were sent out prior to the Planning Commission hearings and he and his neighbors expected the same type of notification for the Council hearings. Mr. Russell also mentioned some of the other reasons contained in his appeal as a basis for allowing the rehearings: possible misrepresentation in a petition submitted August 3 vhich contained eight signatures of persons in favor of the applications; and lack of opposition at the Council meeting was not representative. Discussion followed concerning the manner of notifica- tion for hearings caning forward fran the Planning Commission to the City Council. Mr. Russell claimed that the Planning Canmission Chairman only announced that these items would be forwarded to the City Council for final action, but did not announce a date. Staff's menorandum of September 2, 1987, states that notifica- tion was given in accordance with the California Govern- ment Code, Public Resources Code, and the City Municipal Code. Notice was published in the Daily Pilot and sent to all property owners within a 300 -foot radius of the area for the Planning Commission hearing. Following that hearing, the items were set for public hearing at the next .Council meeting, after which the hearings were again published in the Doily Pilot specifying that the public hearings would be heard on August 3, 1987. 2017 Council Member Buffa asked Planning Cammissioner Walter Davenport (Chairman at the time these items were heard by the Caumission) if he remembered if the audience was told about the items going forward to the Council. Mr. Davenport responded that he could not specifically recall that evening but it is a normal procedure to do so. Robert Chapman, authorized agent for the applicant, reported that he sent out over 96 letters to homeowners concerning two meetings we set up at their request. One person attended the first meeting and three people came to the second meeting. :'Council Member Hornbuckle asked if there were any point in having a rehearing if no one on the Council intends to charge his vote. Sid Soffer, 900 Arbor Street, Costa Mesa, suggested amending the noticing procedures so that the same method is used for both the Planning Cammission and the City Council meetings. Paul Pullman, 2119 Thurin Street, Costa Mesa, reported that he lives across the street from the project and he was not ware of the Council hearings. Council Member Wheeler asked if the Planning Commission Chairman told the audience that these items would go to Council on a date certain. Mr. Pullman responded that he was not sure if or when the items would be going to the Council. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, cam-ented that the affected property owners should have been notified of the date of the Council hearings. Sandra C3anis, 1586 Myrtlewood Street, Costa Mesa, asked how this project relates to the Brown Act. MOTION A motion was made by Council Member Buffa, seconded by Held Over to Council Member Hornbuckle, to continue these items to September 21, 1987 September 21, . and directing staff to listen to the tape of the .Canmission meeting of July 13, 1987, to determine whether or not proper notice was given. Vice Mayor Amburgey was of the epinion that continuing these hearings would not be fair to the property owner and therefore he would vote against the motion. The motion to continua the public hearings carried 4-1, Vice Mayor Amburgey voting no. RECESS The Mayor declared a recess at 10:40 p.m., and the met- ing -reconvened at 10:55 p.m. PUBLIC HEARING The Clerk announced the public hearing to consider a Rehearing of rehearing requested by George Kobor, 519 North Foothill R-82-02/Kobor Road, Beverly Hills, concerning Council's denial of Rezone Petition R-82-02, to rezone property at 2881 and 2891 Bear Street from R3 to R4. Environmental Deter- minrion: Previous Negative Daclaration. The Affidavit of Mailing is on file in the Clerk's office A canmunication fran Janeen Bodenhoefer, 2858 Drake Avenue, Costa Mesa, opposed construction of any Imre apartments in the area unless the back exit on St. Clair Street could be closed. A canmunication was received frau Jeffrey M. Oderman, Rutan & Tucker, 611 Anton Boulevard, Costa Mesa, attorney representing the applicant, stating reasons why the rezone should be granted. Mr. Oderman summarized the statements contained in his written communication as to why the rehearing should be'granted. Council Members Wheeler and AThurgey agreed that the arguments presented by Mr. Oderman were not new evidence and therefore they could not vote in support of granting a rehearing. Council Member Wheeler further stated that second read- ing of an ordinance is not a mere formality, and an applicant is not given a vested right when an ordinance is given first reading. Mayor Hall mentioned that the applicant was led to believe that second reading and adoption of the ordi- nance would take place after the lot lines hal been adjusted, and the applicant has met all conditions. Council Member Buffa commented that -the first reading of the ordinance took place over five years ago arra the applicant put himself into an extremely dangerous situation by delaying combination of the lots for such a long period of time. He agreed with Council Member Wheeler's comments that second reading of an ordinance is not given automatically. MOTION A motion was made by Vice Mayor Amburgey, seconded by Rehearing Denied Council Member Buffa, to deny the request for a rehear- ing. The motion carried 4-1, Mayor Hall voting no. NEW BUSINESS The Clerk presented a request fran American Youth Friendship Tour, Russia 188, member of American Youth Request for Waiver Soccer Organization (AYSO), 3108 Roanoke Lane, Costa of Fees from Mesa, to waive the rental fee of $450.00 for use of a American Youth roan at the Neighborhood Camnunity Center to hold a fund Friendship Tour raiser fDr a tour to the Soviet Union in 1988. There was no one present representing the applicant. Mayor Hall announced that a local developer, Arnel Development, has offered to pay the fee for AYSO. MOTION In view of the above, Council Member Buffa made a motion Waiver of Fee to deny the request for waiver of fees. The motion was Denied seconded by Council Member wheeler, and carried 5-0. Request fDr Waiver The Clerk presented a request from Roy Pizarek, 270 of Fees frau Costa Del Mar Avenue, Costa Mesa, representing Costa Mesa Mesa Residents for Residents for Responsible Growth, to waive the rental Responsible Growth fee of $360.00 for use of a room at the Neighborhood Community Center to hold a public meeting. The City Manager referred to his menorandum of Septem- ber 4, 1987, concerning the fee and deposit schedule for the Neighborhood Community Center. He pointed out that the when the center opened, the City Council adopted policies, procedures, and fees for the use of the facility, the purpose being to ensure that groups wishing to use the facility would pay for that privi- lege as opposed to being taxpayer supported. The Manager also mentioned that the fees are consistent or below others in Orange County. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, reported that the applicant has moved the meeting to another location which is less expensive. 7 -- P.09 Roy Pizarek canmented that he was surprised when he found out the rental fee for the roam was $360.00 and was of the cpinion that taxpayers should pay for upkeep of the facility. The City Manager mentioned that the City has two other camnunity centers, Rea arra Balearic, where rooms are available at a much lower fee. Scott Williams, on behalf of the applicant, withdrew the request for waiver of the rental fee because other arrangements have been made. MOTION On motion by Vice Mayor Arburgey, seconded by Council Withdrawal Member Buffa, and carried 5-0, withdrawal of the Accepted request was accepted. PERS Contract The Clerk presented an ordinance amending the contract Amendment between the City and the Board of Administration of the California Public Employees' Retirement System (PERS). The amendment provides for the 1959 survivors' benefit. MOTION On motion by Council Member Fbrnbuckle, seconded by Ordinance 87-19 Council Member Buffa, Ordinance 87-19, being AN ORDI- Given First NANCE CF THE CITY COUNCIL OF THE CITY OF COSTA MESA, Reding CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CDNTRACr BETW,EN THE CITY OF COSH MESA AND THE BOARD OF ADMINIS- TRATION CF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Nene ABSENT: COUNCIL MEMBERS: None Cable. Grant Funds The Clerk presented reccmmendations from the Cable Tele- vision Canmi.ttee concerning allocation of cable grant funds for $30,244.45, and formation of a subcommittee to review the grant request from Orange Coast College. The City Manager referred to his meirorandum of Septem- ber 1, 1987, vhich details the canmittee's recanmenda- tions, and catmended the group for an outstanding job. Carl Bureman, member of the Cable Committee, thanked the City for its support and thanked Council Member Buf fa for his guidance. Council Member Hornbuckle asked that the request from Newport -Mesa Unified School District be reviewed in the same manner that the Orange Coast College request will be reviewed. John Feeney, 1154 Dorset Lane, Costa Mesa, commended the Cable Committee on the recommendations submitted. MOTION On motion by Council Member Buffa, seconded by Council Recommended Member Meeler, allocation of cable grant funds recom- Allocations mended by the Cable Television Cammittee were accepted Accepted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vieeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: Dbne ABSENT: COUNCIL MEMBERS: None COUNCILMANIC COMMENTS Council Member Hornbuckle suggested giving up on Council Policy 500-2, concerning processing of General Plan ,Policy. 500-2 Anendments, because the Council has not used it once. Marina Rezone Vice Mayor Arburgey presented a clipping from the Senate Register newspaper dated March 20, 1962, concerning the marina rezoning to R1W and R4W. Marina Committee Mayor Hall commented that he did not receive an over- whelming response for formulation of a Marina Committee. He stated that after talking with several citizens, he is suggesting five people to serve on the committee: Dee Ramirez, Tom Testa, Bill Ficker, Grant Velie, and Pat Dolan. Council Member Wheeler commented that he had a problem with the recommendation because to his knowledge, the public was not asked if they were interested in serving on this committee. He stated that Marina Committee members sbould be selected in the same manner as other committees. Mayor Hall responded that the burden of forming the committee was put on him so he proceeded to find five people who were interested. MOTION A motion was made by Mayor Hall, seconded by Vice Mayor Recammendations Amburgey, accepting the five persons recommended by for the Committee the Mayor to serve on the Marina Committee. Accepted Council Member Wheeler strenuously objected to the motion, stating that this was a grant of special privi- lege to friends of the Mayor, and it seemed to him these people were being treated in a different manner than other citizens in the City who had applied for committee assignments. Mayor Hall commented that only one person he recommended is a friend of his. The motion to accept the aforementioned persons to serve on the Marina Committee carried 4-1, Council Member Wheeler voting no. ADJOURNMENT At 11:55 p.m., the Mayor adjourned the meeting to a TO CLOSED closed session in the first floor Conference Room to SESSION discuss pending litigation. Concerned, Citizens The Mayor reconvened the meeting at 12:20 a.m., and of Costa Mesa vs. action was taken concerning Concerned Citizens of Costa Fairgrounds Mesa vs. 32nd District Agricultural Association (Fair- grounds). MOTION A motion was made by Council Member Buffa to allocate Funds Authorized $10,000.00 to Concerned Citizens of Costa Mesa for attorney's fees, said funds to be allocated as a reim- bursement upon verification of expenditures, to be used specifically in the near future for the contempt action; to direct Council Members Hall and Amburgey in their meeting with the Fair Board on Septonber 16, 1987, to approach them regarding the passibility of assistance on the nuisance portion of the lawsuit, and specifying that none cf the funds shall be used for the EIR portion of the lawsuit. The motion was seconded by Council Member Hornbuckle, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 ADJOURNMENT The Mayor declared the meeti ourn at 12:25 a. May e C tY of Costa esa ATTEST: City Clerk of the City of Costa Mes