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HomeMy WebLinkAbout09/27/1983 - Adjourned City Council Meeting126 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA September 27, 1983 The City Council of the City of Costa Mesa, California, met in adjourned regular session on September 27, 1983, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair .Drive, Costa Mesa, said meeting having been duly and regularly adjourned frau the regular meeting of September 6, 1983. Notice of Adjournment, stating that the date of the regular meeting of September 19, 1983, had been changed to September 27, 1983, was posted as required by law. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Ms. Linda McConnehea, First Church of Christ -Scientist., ROLL CALL Council Members Present:- -Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion by Vice Mayor Johnson, seconded by Council - September 6, 1983 woman Schafer, and carried 5-0, the minutes of the regular meeting of September 6, 1983, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 5-0, to read all ordinances by title only. PROCLAMATION Mayor Hall read a proclamation declaring the month of United Way Month October as "United Way Month". Mayor Hall presented the proclamation to Ms. Pat Chavez, representative of United Way. CONSENT CALENDAR On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilwanan Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the following Reading Folder items were received and processed: . Claims Claims have been received by the City Clerk from the following persons: Victoria Forsythe; William J. Caniff; Allstate Insurance on behalf of Mary and Don Williams; Dennis Brett on behalf of Terminix International; Wayne Evans Insurance Agency on behalf of J. L. and Florence McGuire; Auto Club of Southern California on behalf of Karen J. Wilson; and Attorney Betty McMullen on behalf of nine claimants regarding Harbor Lawn Mortuary. Public Utilities Notice from Southern California Gas Company and Commission Pacific Lighting Gas Supply Company that Appli- cation Nos. 83-09-23, 83-09-24, 83-09-25, and 83-09-26 have been filed with the Public Utili- ties Commission concerning certain rates. BUSINESS PERMITS A request has been received from the Orange County Farm Bureau, 1400 Myford Road, Irvine, for a permit to hold a Orange County weekly farmers' market at the Orange County Fairgrounds. Farm Bureau On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the request was MOTION approved subject to conditions contained in staff's Permit Approved memorandum dated September 2, 1983. Jewish War Notice of Intention to Appeal or Solicit for Charitable Veterans Purpose has been received.from the Jewish War Veterans of the United States, 1128 Rutland load, Suite 2, New - MOTION port Beach, by sale of artificial poppies, November 1 Request Approved through 14, 1983. On motion by Councilwoman Schafer, seconded by Vice Mayor Hertzog, and carried 5-0, the request was approved with application of Section 9-2341 of the Municipal Code. REJECTED CLAIMS On motion by Councilwoman Schafer, seconded by Vice Cathcart Mayor Johnson, and carried 5-0, the claim of William Henry Cathcart was rejected. Duhan On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Howard Duhan was rejected. Leverette-Bagley On.motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Susan Leverette-Bagley was rejected. O'Leary On motion by Councilwonan Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Ruth Ann O'Leary was rejected. Robson On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Harlan M. Robson was rejected. Speidel On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of Richard J. Speidel was rejected. Crawford On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, the claim of "G" Wray Crawford was rejected. Ely On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, Council accepted an Application for Leave to Present a Late Claim from Rebel Laura Ely; however, the claim was rejected. Brotemarkle On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, an Application for Leave to Present a Late Claim from Edwin C. and Connie L. Brotemarkle was denied. ADMINISTRATIVE ACTIONS On motion by Councilwoman Schafer, seconded by Vice Mayor Hertzog, Resolution 83-94, being A RESOLUTION OF Permit Fees for THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Off -Premise Signs ESTABLISHING PERMIT FEES FOR OFF -PREMISES ADVERTISING SIGNS, was adopted by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, Resolution 83-94 McFarland, Schafer Adopted NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bicycle/Pedestrian On motion by Councilwoman Schafer, seconded by Vice Funds - SB 821 Mayor Johnson, Resolution 83-95, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, MOTION CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE Resolution 83-95 AND/OR PEDESTRIAN FUNDS AUTHORIZED ENDER SENATE BILL Adopted 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR Agreement Tallmantz Aviation Helicopter Maintenance MOTION Agreement Approved Agreement - BCL Associates EIR for Downtown Redevelopment Project Area MOTION Agreement Approved PEDESTRIAN PLAN, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None The Police Department staff requested approval of an agreement with Tallmantz Aviation, Incorporated, 19711 South Airport Way, Santa Ana, for helicopter maintenance at the rate of $58.00 per flight hour excluding fuel and oil. The term of the agreement is for one year, effec- tive August 1, 1983. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, 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: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None An agreement between the City and BCL Associates, Incorporated, 444 West Ocean Boulevard, Suite 1400, Long Beach, was presented. The agreement provides for preparation of an Environmental Impact Report to evalu- ate alternative development proposals within the Down- town Redevelopment Project Area, in an amount not to exceed $17,900.00. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, 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: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: CODICIL MEMBERS: None Change Order No. 1 Staff has requested approval of Change Order No. 1, in Griffith Company the amount of $16,813.00, to the contract with Griffith Company, 2020 Yale Street, Santa Ana, for the East 17th 17th Street Street realignment, Newport Boulevard to Orange Avenue. Realignment Additional work is required in order, to temporarily protect the utility facilities. On motion by Council - MOTION woman Schafer, seconded by Vice Mayor Johnson, the Change Order change order was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order No. 2 Willdan Associates Assessment District No. 80-1, Harbor Gateway MOTION Change Order Approved Change Order No. 2 Impact Construction Staff has requested approval of Change Order No. 2, in the amount of $2,000.00, to the contract with Willdan Associates, 290 South Anaheim Boulevard, Suite 100, Anaheim, in connection with Assessment District No. 80-1, Harbor Gateway. The change order is neces- sary for the final cost analysis and will allow the City to disburse the remaining funds and subsequently close the district. On motion by Councilwoman Schafer, seconded by Vice Mayon- Johnson, the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: OOU\1CIL MEMBERS: None Staff has requested approval of Change Order No. 2, in the amount of $4,402.75, to the contract with Impact Construction, Incorporated, 25291 Mainsail Drive, Dana 1 Remove Handicap Point, for removal of handicap barriers in the Costa Barriers in Parks Mesa park system. Additional sidewalk, curb and gutter, and spandrel is required at various locations. on MOTION motion•by Councilwoman Schafer, seconded by Vice Mayor Change Order Johnson, the change order was approved by the following Approved roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Order A Staff has requested approval of Change Order A, in the Greer and Company amount of $2,751.00, to the contract with Greer and Company, 4095 East La Palma Avenue, Suite L, Anaheim, Victoria Street for design of the Victoria Street Storm Drain Project. Storm Drain The change order is necessary for additional street improvements, fire hydrant relocations, and redesign MOTION of intersections at four locations. On motion by Change Order Councilwoman Schafer, seconded by Vice Mayor Johnson, Approved the change order was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Parcel Map Improvements for Parcel Map S-80-378 have been completed S-80-378 to the satisfaction of the Director of Public Services Canadian by The Canadian Indemnity Company, 3350 Harbor Boule- Indemnity vard, Costa Mesa, for property located at that address. On motion by Councilwoman Schafer, seconded by Vice MOTION Mayor Johnson, the improvements were accepted and the Improvements bonds were ordered exonerated. The motion carried by Accepted the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for A Final Map was presented for Tract 12008, Elden Venture Tract 12008 - Elden Group, 1539 Monrovia Avenue, Suite 19, Newport Beach; Venture Group one lot, 0.46 -acre, located at 2649 Elden Avenue, for condominium purposes. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, the map was MOTION approved; the Council did accept on behalf of the City: Map Approved (1) the three-foot public utility easement as dedicated; (2) the ingress/egress easement over Lot 1 for emergency and security vehicle purposes as dedicated; did also approve subject map pursuant to the provisions of Sec- tion 66436 (c) (1) of the Subd ivis ion Map Act; and the Clerk was authorized to sign said map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for A Final Map was presented for Tract 11528, Alan J. Tract 11528 - Gussin, 327 Richland Avenue, Orange; one lot, 0.49 -acre, Gussin located at 789 and 791'West 18th Street, for condominium purposes. On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, the map was approved; the Council MOTION did accept on behalf of the City: (1) the ingress/ Map Approved egress easement as dedicated; (2) the vehicular access rights to Placentia Avenue as released and relinquished; did also approve subject map pursuant to Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign said map on behalf of the City. The motion carried by the following roll call vote: AYES: COTINCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Ornamental rock work at Vista Park has been completed Ornamental Rock Work to the satisfaction of the Leisure Services Director by at Vista Park - DiGiacomo, Incorporated, 612 South Duggan Avenue, Azusa. DiGiacomo On motion by Councilwoman Schafer, seconded by Vice Businesses Mayor Johnson, the work was accepted; the Clerk was authorized to file a Notice of Completion; the MOTION Performance Bond was ordered exonerated 35 days after Work Accepted the Notice of Completion has been filed; the Labor and Material Bond was ordered exonerated 7 months after the MOTION Notice of Completion has been filed; and authorization Resolution 83-96 was given to release retention funds immediately upon Adopted acceptance of the project. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Councilwoman Schafer, seconded by Vice No. 84-20 Mayor Johnson, Budget Adjustment No. 84-20, in the amount of $5,500.00, for repair of the clubhouse roof at MOTION the Costa Mesa Golf Course, was approved by the follow - Approved ing roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Fees for Adult Staff has recommended an amendment to the fee schedule Entertainment for adult entertainment businesses so that in cases Businesses where the practitioner and business owner are one and the same, and applications for the regulated adult entertainment business permit and practitioner permit are filed concurrently, the applicable fee shall be that required for -the regulated adult entertainment MOTION business only. On motion by Councilwoman Schafer, Resolution 83-96 seconded by Vice Mayor Johnson, Resolution 83-96, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFON\TIA, AMENDING FEES IN CONNECTION WITH REGULATION OF ADULT ENTERTAINMENT BUSINESSES, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Councilwoman Schafer, seconded by Vice Advances Mayor Johnson, Conference Advances, in the amount of $230.00 each, for three police officers to attend the MOTION California Narcotic Officers Association Training Advances Conference in Lake Tahoe, October 25-28, 1983, were Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, a Conference Advance, in the amount of MOTION $435.00, for a police officer to attend the Hazardous Advance Materials Conference in San Luis Obispo, October 2-7, Approved 1983, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL -MEMBERS: None ABSENT: COUNCIL MEMBERS: None 1 131 Bid Item 596 Bids received for Bid Item 596, Floor Coverings for the Floor Coverings Police Building, are on file in the Clerk's office. On for Police Building motion by Councilwoman Schafer, seconded by Vice Mayor Johnson, and carried 5-0, all bids were rejected and MOTION authorization was given to mail new bids to interested Bids Rejected vendors. Bid Item 597 One bid received for Bid Item 597, Install a Clayton Dynamometer Dynamometer, Model CT -200, is on file in the Clerk's office. On motion by Councilwoman Schafer, seconded by MOTION Vice Mayor Johnson, the contract was awarded to B & L Awarded to B & L Hydraulic Hoist Company, 16233 Minnesota Avenue, Para - Hydraulic Hoist mount, in the amount of $7,546.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 598 One bid received for Bid Item 598, Re -roof and Repair Roofing for City Roofs of City Buildings, is on file in the Clerk's Buildings office. On motion by Councilwoman Schafer,. seconded by Vice Mayor Johnson, the contract was awarded to Lee MOTION Roofing Canpany of Costa Mesa, Incorporated, 1653 Awarded to Superior Avenue., in the amount of $10,804.00. The Lee Roofing motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The Director of Leisure Services has requested approval Lard Architecture of an agreement with Land Architecture, 3151 Airway Ave- nue, Suite A-3, Costa Mesa, in the amount of $8,150.00, Design of for design of a patio shelter at Paularino Park, a step Improvements at wall at Balearic Center, an autanatic irrigation system Various Locations for Fire Station No. 4, and an overhead cover for golf carts at the Costa Mesa Municipal Golf Course. On MOTION motion by Councilwaman Schafer, seconded by Vice Mayor Agreement Johnson, the agreement was approved, and the Mayor and Approved Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with An agreement between the City and STR Properties, STR Properties Incorporated, 5 Pourtalas, Colorado Springs, Colorado, was presented, and is in connection with the conversion Vendome Apartments. of apartments to condominiums at 1845 Anaheim Avenue. Conversion to In approving the conversion of.the Vendome Apartments, Condominiums the Redevelopment Agency ordered that an agreement be entered into to insure that the owner would carry out certain conditions regarding the treatment of existing. tenants and certain rights granted to them. The City Attorney has recommended that the City Council approve MOTION the agreement and ratify its execution by the Mayor and Agreement Clerk. On motion by Councilwoman Schafer, seconded by Approved Vice Mayor Johnson; the agreement was approved, and execution by the Mayor and Clerk was ratified. The motion carried by the.following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented from the meeting of September 6, Nonconforming 1983, second reading and adoption of Ordinance 83-23 Signs concerning amortization of nonconforming signs. 32 The following communications have been received from Costa Mesa residents and businesses in opposition to grandfathering of legal nonconforming signs: Sandra Martin, 994 Trenton Way; Nadine Lowry, 1751 Tustin Avenue; and Luana Sharp, 268 Bucknell Road; Mr. and Mrs. Don Voyer, 3353 Alabama Circle; Steven A. Kahn, Assistant Vice President, Western Thrift & Loan, 2200 Harbor Boulevard; Frank and Emily Pierson, 1766 Bahama Place; Jack and Sally Nettel, 1709 Labrador Drive; Hank Panian, 436 Swarthmore Lane; Thomas Murray, 3042 Country Club Drive; Ann Mound and Maureen DiDomenico, Co -chairpersons of SOS (Sign Ordinance Support). Communication signed by owners or representatives of 17 businesses. Earlier in the day, a telephone call was received by the Clerk from Norma Reed, 17 Seabird Court, Newport Beach, whose property is near the Costa Mesa City limits, expressing her opposition to the Sign ordinance amendment. During the meeting, the Clerk received a communication from Helene K. Hollingsworth, 1790 Pitcairn Drive, Costa Mesa, opposing the proposed grandfather clause. Ann Mound, 3128 Country Club Drive, Costa Mesa, stated that she has worked for 12 years supporting the Sign ordinance and it should remain as it is. Mrs. Mound expressed her opposition to grandfathering in that it would be unfair to the homeowners and to the businesses who have conformed to the ordinance. Donald Smallwood, 1981 Kornat Drive, Costa Mesa, , reported that he has lived in the City for 21 years and wanted to comment on his personal views of the Sign Ordinance. He stated that the City has changed a great deal in the past 10 years and expressed his wish that businessmen would realize that large signs do not bring in business; good service and fine products increase business, not garish signs. Mr. Smallwood concluded by urging the Council to keep the Sign Ordi: nance intact and commented that 10 years is a fair amortization schedule. Maureen DiDomenico, 941 Coronado Drive, Costa Mesa, stated that she has been a resident of the'City for over 21 years. She read a letter from Barry and Ted von Hemert, von Hemert Interiors, 1595 Newport Boule- vard, Costa Mesa, in which they adamantly oppose the grandfather clause because it is unfair to the busi nesses that conformed to the current Sign ordinance and because it is detrimental to the City's environment. Mrs. DiDomenico referred to certain signs in the City and asked if the intent of the grandfather clause is to allow these signs to remain. Sid Soffer, 900 Arbor Street, Costa Mesa, favored the grandfather clause. - 133 Dom Raciti, former Mayor of the City, reported that he owns property in the City and plans to re -open his business on Newport Boulevard. Mr. Raciti commented that he intends to obey the current ordinance and urged the Council not toadopt the proposed amendment. Mr. Raciti referred to pictures which appeared in the Daily Pilot showing various City streets before and after the Sign Ordinance was adopted, pointing out that there has been a vast improvement. Walter Davenport, Chairman of the Costa Mesa Planning Commission, urged Council to consider the fact that a decision was made 10 years ago that would provide fairness for everyone, and that to change the ordinance at this time would be inappropriate. Mr. Davenport stated that many nonconforming signs can be modified at a nominal cost and became conforming. He also mentioned that there is a variance procedure for those businesses needing --additional time. Mr. Davenport commented that he has dealt with Sign ordinance appli- cations for three years and most applicants' complaints are lodged against those businesses having large non- conforming signs in their immediate area. He reported that the Planning Commission has advised these appli- cants that all will be equal in 1984. In conclusion, Mr. Davenport urged -Council to the consider the issue of fairness by keeping the Sign ordinance as it now exists and to deal with nonconforming signs on an individual basis. Robert Keenan, member of the Sign Users Council of California, 13031 San Antonio Drive, Norwalk, spoke in support of the grandfather clause and expressed his opinion that it is not fair to require removal of non- conforming signs which were legal at the time the Sign ordinance was adopted. He felt these signs should remain legal as long as they are maintained. Mr. Keenan mentioned that new businesses that have come into the City were aware of the rules and decided to accept those regulations. Councilman McFarland responded that these new businesses were also told that amortization was in effect and asked how the City will explain the proposed change. Dave Roberts, Dave's Camera Exchange, 474 East 17th Street, Costa Mesa, reported that he had spent $8,000.00 for his sign in 1968 and that it is unfair to force him to remove that sign. Mr. Roberts related that his business was near bankruptcy until he erected his sign, and thereafter, business increased immensely. He cam- mented that the Sign Ordinance should not have been adopted because it allows confiscation without campen- sation. Jim Zbledano, 3165 Gibraltar Avenue, Costa Mesa, stated that the benefits of the Sign Ordinance are evident as one drives down certain streets. He further remarked that those businesses that took out permits in 1974 agreed to amortization and he felt that the 10 -year time limitation was very fair in that the average age of a sign is between 10 and 15 years. Mr. Zbledano also commented that the large sign owners have waited until their competitors have erected smaller conforming signs and now are asking for the Sign Ordinance to be amended. . Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, expressed his opinion that government exceeded its power when the Sign Ordinance was adopted and suggested that the ordinance be repealed. Ken Fowler, President of the Costa Mesa Chamber of Commerce, advised that the Chamber has a membership of 1,000 and all members are represented, not only a small minority. Mr. Fowler also reported that Senate Bill 142, relating to sign ordinances, has passed the State Assembly and Senate and is ready for the Governor's signature. He indicated that if the grandfather clause is not adopted, SB -142 provides for payment by the City of the fair market value of signs which are to be removed, and that the taxpayers will suffer the conse- quences. Mr. Fowler mentioned the fact that the Mayor had forwarded a letter to Senator John Seymour in opposition to SB -142. Mayor Hall responded that two letters were sent in opposition to the bill because he felt sign regulation should remain with local government. Robert Keenan, of the Sign Users Council, asked to speak again to clarify the statement made by Ken Fowler regarding Senate Bill 142. Mr. Keenan reported that this bill.will not affect the City's Sign Ordinance in that it only applies. to those ordinances adopted after March, 1983; however, he asked that the Council consider the spirit of. SB -142. Clarence Clarke, Vice Chairman of the Costa Mesa Plan- ning Commission, recommended that a middle-of-the-road position be considered. He stated his opinion that "responsibility" is the key word and to approve blanket grandfathering is not responsible move. Mr. Clarke reported that some of the nonconforming signs have not been maintained.' He -asked that Council consider every- one' s rights. Nate Reade,"Executive Director of the Costa Mesa Chamber of Commerce, stated that this has not been a last minute move by the Chamber to change the Sign Ordinance in that his group has been trying to get an amendment approved for the past 10 years. Mr. Reade commented that the businessmen. should be given consideration especially in a time of recession, and asked why the illegal signs have not been removed. Sid Soffer spoke again regarding Senate Bill 142 and the grandfather clause. Since there were no others in the audience wishing to speak on this item, Mayor Hall asked for comments from the Council. Councilwoman .-Schafer commented that only amortization is being considered, not the entire Sign Ordinance. She stated that in 1974, Council voted on this in a hurry prior to the election and that Council was aware that the ordinance would have to be reconsidered. Councilwoman Schafer expressed her opinion that those business people who took out sign permits prior to the adoption of the Sign Ordinance have paid their dues and have supported the community. She stated that she felt the City failed to rid the community of illegal signs which it said it would do first but, unfortunately, there has not been sufficient staff members to accomplish this goal. Councilwoman Schafer stated it is unfair to force removal of legal noncon- forming signs when there are so many illegal signs that should be removed. She felt that, in time. all busi- ness people will comform with the law, and concluded by asking that.the City not become a second Russia, a dictator. 1 Councilman McFarland expressed his opinion that a 10 - year amortization period, to give all the opportunity to conform, is a very fair approach to the Sign Ordi- nance rdinance and emphasized that he felt the existing ordinance is -outstanding and excellent. Councilman McFarland pointed out that almost all former and present Planning Commissioners have supported the existing ordinance, and these Commissioners are the people who have worked with the ordinance these past years. He commented that he is aware that special needs must be considered and there are remedies now for those that must have that special consideration. Councilman McFarland went on to say that as a long time member of the Chamber of Com- merce, he felt that he is not being represented by the Chamber on this issue, and that there are many business people who have crane to Costa Mesa since 1974 who have conformed to the ordinance and want to see these noncon- forming signs removed. Councilman McFarland reported that all businesses that have located in the City were assured that all signs would be on an equal basis in a short period of time and that these new businesses will be hurt by unfair competition if grandfathering is approved. Councilman McFarland concluded by noting that in the past eight years, a majority of the Council favored the amortization, and urged this Council to do the same so that the community can depend on the Council to treat both established businesses and new businesses on a fair basis. Councilwoman Hertzog stated that the appearance of the City has improved since the Sign Ordinance was adopted. She mentioned that she had visited Hong Kong recently and that there are so many signs that none of them can be read. Councilwoman Hertzog expressed her wish that the business cammunity would have shown good faith by removing the huge signs and that the Chamber of Commerce would have assisted in convincing businesses to remove certain signs. She referred to the variance procedure which benefits those business people who would encounter a hardship by immediate removal of their signs. Councilwoman Hertzog remarked that many of the businesses who own nonconforming signs are large corporations who would not suffer a hardship by replacing their present signs. Councilman Johnson commented that all citizens are very concerned; however, he felt that the businesses with nonconforming signs which were legal prior to adoption of the Sign Ordinance should not now be forced to remove those signs. He expressed his opinion that there are enough laws and goverment should not interfere with the free enterprise system. In closing, Councilman Johnson stated that he could not turn against those people who had faith in the City when they opened their businesses here. Mayor Hall referred to the comments made earlier con- cerning the appearances of signs and stated that in his mind appearance is not the issue. He expressed his opinion that the Council cannot justifiably legislate aesthetics and if grandfathering is not approved, the consumer will pay the cost of removing those signs. The Mayor remarked that he agreed with Sid Soffer's comments that the end result is confiscation of property without just compensation. Mayor Hall mentioned that the 30 - year amortization of nonconforming buildings has now passed and that he doubted if the City will abate those buildings, same of which are people's hones; yet, in the case of signs, the City can say your sign is now amortized; it has no value. Mayor Hall emphasized again that if property is taken without compensation, MOTION Ordinance Adopted RECESS .it is confiscation. The Mayor expressed agreement with another comment made by Mr. Soffer, "Where does it lead from here?". He stated his opinion that signs are personal property, that they have value. Mayor Hall reported that he was a Planning Commissioner from 1976 through 1978 and was well aware of the problems with the Sign Ordinance. He commented that one of his first actions when he became a Council Member was to work for the grandfathering of signs because of the ethics of the situation. Mayor Hall referenced letters he had read at a previous meeting written by three former Mayors who were on the Council when the Sign Ordinance was adopted, and in their letters they all admitted that they had made a mistake and that the grandfather clause should be adopted. The Mayor concluded his comments by stating that it is not a matter of whether signs are pretty or ugly but a matter of ethics. On motion by Councilwoman Schafer, seconded by Vice 83-23 Mayor Johnson, Ordinance 83-23, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING THE AMORTIZATION OF NONCONFORMING SICNS, was given second reading and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Schafer NOES: COUNCIL MEMBERS: Hertzog, McFarland ABSENT: CODICIL MEMBERS: None McFarland Absent MOTION Warrant 1226 Approved CITY ATTORNEY REPORTS USAA/McKellar Claim MOTION Settlement Authorized McFarland Returns The Mayor declared a recess at 8:20 p.m., and the meeting reconvened at 8:30 p.m.; however, Councilman McFarland had not yet returned to the chambers. On motion by Councilwoman Hertzog, seconded by Vice Mayor Johnson, Warrant Resolution 1226, including Payroll 8318, was approved by the following roll call vote: AYES: CODICIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: CODICIL MEMBERS: Hall, Johnson, Hertzog, Schafer None McFarland The City Attorney presented a proposed settlement of a claim from United Services Automobile Association (USAA), insurance carrier for Edward McKellar. Details of the claim and proposed settlement are contained in the City Attorney's confidential memorandum of Septem- ber 12, 1983. On motion by Councilwoman Hertzog, seconded by Vice Mayor Johnson, authorization was given to settle the claim as recommended by the City Attorney. The motion carried by the following roll call vote: AYES: CODICIL MEMBERS: Hall, Johnson, Hertzog, Schafer NOES: COUNCIL 14EMERS : None ABSENT: CODICIL MEMBERS: McFarland Councilman McFarland returned to the chambers at this time. CITY MANAGER The City Manager presented a resolution concerning REPORTS the Executive Compensation Plan and salary increases for certain part-time employees classified outside of Executive the basic pay schedule. The City Manager summarized Compensation his memorandum of September 15, 1983, which explains Plan that the resolution maintains the broad salary range program established in the fall of 1981 for department heads and merely extends the range by 11.25 percent. The City Manager has also proposed a similar broad range for division head classifications, and revised hourly rates of compensation for part-time classifications which have not been adjusted since December, 1981. 1 MOTION Since other personnel matters were to be discussed, a Referred to motion was made by Councilman McFarland, seconded by Closed Session Councilwoman Schafer, and carried 5-0, to refer this item to a closed session after regular business has been concluded. PUBLIC HEARING The Clerk announced that this was the time and place Appeal of ZE-83-84 set for the public hearing to consider an appeal of Burchett Zone Exception ZE-83-84, from Paul J. Burchett, 2156 Newport Boulevard, Costa Mesa, for Conditional Use Permits to operate a recreational vehicle rental service with outdoor storage and limited outdoor work in conjunction with an existing travel agency, and a Conditional Use Permit for a limousine rental business, located at the above address in a C2 zone. Environ- mental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director reported that the applicant is appealing conditions of approval for Zone Exception ZE-83-84. Those conditions being appealed are: No. 1. Requires that, with the exception of the handicapped parking stall, a 20 -foot landscaped front setback shall be provided and landscaping is to be installed within six months of Planning Commission approval. No. 2. Requires relocation of two existing parking spaces from the front setback to the rear parking area, and striping of the rear parking area for five spaces. No, 5. Requires the approved Conditional Use Permits be renewed after the first year and thereafter renewed every two years. The Director further reported that the applicant is requesting deletion of Conditions_ 1 and 5, and modifi- cation odification of Condition 2 to require striping of only three spaces in the rear parking area. Applicant has stated that relocation of two parking spaces from the front setback to the rear parking area will interfere with the space needed for recreational vehicle and limousine parking, and that the required renewal of the Conditional Use Permits would give City employees an opportunity to retaliate against the applicant for his having filed an appeal of the permit. Councilwaman Hertzog reported that she had visited the property and that she would agree to the three parking spaces in the front if these spaces were used only by employees. Councilman Johnson stated he had also visited the site and asked for more information regarding the depth of the parking space and the possibility of installing a planter in the front area. Councilman McFarland voiced his concern with having three parking spaces in the front and suggested that only two parking spaces be permitted in that area. The applicant, Paul Burchett, expressed his appreciation to the Council.for taking the time to view the property. He reported that he has spent $40,000.00 to improve the site and that his business will bring many foreign tour- ists to this area. He asked that Council approve the three parking spaces at the front of the property. .... as Doreen Burchett suggested that if one vehicle is backed into a front parking space, then no hazard will exist in that the vehicle would not have to back out onto Newport Boulevard. She also thanked the Council for visiting the property. Councilwoman Schafer complimented the applicants for the outstanding improvements on their property and then explained that Condition No. 5 is a standard condition applied to Conditional Use Permits providing for periodic review so that staff .can monitor the condi- tional use. Sid Soffer expressed opposition to City review after a one-year period, and also opposed the need for a Condi- tional onditional Use Permit. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilwoman Schafer, seconded by ZE-83-84 Vice Mayor Johnson, to approve Zone Exception ZE-83-84 Approved subject to Condition Nos. 3 through 8 (Condition Nos. 1 and 2 deleted). Considerable discussion ensued concern- ing landscaping, and thereafter, Councilwoman Schafer amended her motion to retain Condition No. 1, modified to read that after restoration of parking space three, landscaping is to be maintained as it presently exists. The amended motion was seconded by Vice Mayor Johnson, and carried 5-0. NEW BUSINESS The Clerk presented Zone Exception ZE-83-119, Gary Flanzer, authorized agent for Arnold and Shari Flanzer, ZE-83-119 19 Cherry Hills Lane, Newport Beach, for a variance Flanzer from Sign Ordinance requirements for property located at 3105 Harbor Boulevard in a Cl zone. Environmental Determination: Exempt.. The Development Services Director reported that the Planning Commission did not reach a decision because of a 2-2 tie vote and therefore this item was forwarded to the City Council for resolution. The Director reviewed staff's memorandum of September 22, 1983, which details the background of this property and pointed out that applicant is requesting a sign variance to allow a ground sign containing three square feet in excess of the maximum allowable ground sign area of 15 square feet. Mark Sticht, 424 ,Vista Suerte, Newport Beach, partner of the applicant, answered questions from the, Council and stated that he felt the sign met the intentof the Sign Ordinance, that it is attractive, and that. it improves identity. The Development Services Director reported that the Fire Prevention personnel advised him that fire safety requirements have been met. Sid Soffer expressed opposition to various conditions required by the City. Gary Flanzer, authorized agent, informed the Council of his confusion' over opinions that were voiced by staff and the Planning Commission. MOTION A motion was made by Councilwoman Schafer, seconded by ZE-83-119 Vice Mayor Johnson, approving Zone Exception ZE-83-119 Approved subject to conditions contained in the Staff Report, and based on the findings that the sign does not affect the health, safety, or general welfare of the surrounding business area, arra that the sign helps identify the location of the business. The motion carried 5-0. McFarland Councilman McFarland left the Council Chambers at this Leaves time and did not participate in the decision for the next two items. EP -83-06 The Clerk presented Encroachment Permit EP -83-06, Sherry Bennett/Gannett Bennett, Gannett Outdoor Company, 1731 Workman Street, Outdoor Company LAS Angeles, authorized agent for Jay Lennon, Warlen Company, Post office Box 328, Los Olivos, to allow encroachment of an existing billboard into the public right-of-way at 179 East 17th Street in a Cl -0P zone. Environmental Determination: Exempt. Sherry Bennett telephoned the Clerk earlier in the day to report that she would not be able to attend the meeting; however, she expressed her acceptance of all conditions recommended by the Planning Commission. MOTICN On motion by Councilwoman Hertzog, seconded by Vice EP -83-06 Mayor Johnson, and carried 4-0, Councilman McFarland Approved absent, EP -83-06 was.approved subject to conditions recommended by the Planning Commission. EP -83-07 The Clerk presented Encroachment Permit EP -83-07, J. E. Teegard in/Sparling Teegardin, Jr., authorized agent for Jean-Marie Sparling, Harbor Villas, 2129 DuPont Drive, Irvine, to allow encroachment of a proposed ground sign into the public right-of-way at 2621 Harbor Boulevard in a Cl zone. Environmental Determination: Exempt. The Clerk received revised drawings which were dis- tributed to the Council. The Development Services Director reported that the revised drawing of the sign is not the one approved by the Planning Commission. He further stated that if the name is added to the sign, then the sign must be moved back onto applicant's property. Authorized Agent Jim Teegardin, 2940 Grace Lane, Costa Mesa, reported that on August 4, a 74 -year-old woman had a seizure and paramedics could not find the complex. He commented that for this reason, the owners have asked for permission to have a sign containing both identifi- cation dentification and address and located where it is easily seen. Mr. Teegard in also agreed to all conditions. MOTION After brief discussion, a motion was made by Council - EP -83-07 woman Schafer, seconded by Councilwoman Hertzog, to Approved approve the revised sign for Encroachment Permit EP -83-07 subject to conditions recommended by the Planning Commission, and based on the findings that it would serve the purpose of identity, and that it would not affect the health, safety, and welfare of the sur -- rounding area. The motion carried 4-0, Councilman McFarland absent. McFarland Returns Councilman McFarland returned to the Council Chambers at this time. ORAL Dr. Richard Greengold, 510 Sturgeon Drive, Costa Mesa, COMMLNICATIONS representing Citizens Revolt Against Airspur Helicopter, advised the Council that residents in North Costkmesa Airspur feel that the Airspur Helicopter Service, now operating Helicopter out of John Wayne/Orange County Airport, is detrimental- Service etrimentalSeryice to their neighborhood because of helicopter noise) and the hazardous conditions it has created. Dr. Greengold asked that Council adopt a resolution requesting the Board of Supervisors not to allow Airspur flights. I:0. The City Manager responded that the City had forwarded a letter to the Board asking it delay a decision for the helicopter service, but the request was denied. Airspur was given a one-year approval and Supervisor Riley advised that the Board will not re -open the hearing. The City Manager suggested that the citizens voice their concerns directly to the Board of Supervisors. Mayor Hall agreed to forward another letter to the Board to express the concerns of the citizens. Soffer Sid Soffer spoke at length about his dissatisfaction with the Planning Commission and City Council, and read passages from the publication, "California zoning Practices". Odegaard Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, spoke on the following: his opposition to the Sign Ordinance; problems concerning aircraft utilizing John Wayne/Orange County Airport; and the time required for notification of public hearings. ADJOURNMENT TO At 10:35 p.m., the Mayor adjourned the meeting to a CUED SESSION closed session in the first floor Conference Roan to discuss personnel matters. Executive The meeting reconvened at 11:45 p.m. The Mayor Compensation Plan announced that discussion was held on the Executive and Salary Compensation Plan, and the following action was taken: Increases On motion by Mayor Hall, seconded by Councilwoman MOTION Hertzog, Resolution 83-97, being A RESOLUTION OF THE Resolution 83-97 CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING Adopted RATES OF PAY FOR EXECUTIVE PERSONNEL, AND FOR JOB CLASSIFICATIONS PLACED OUTSIDE THE BASIC PAY SCHEDULE, was adopted by the following roll call vote: AYES: COLNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL 1vff�MBERS: None ABSENT: COUNCIL MEMBERS: None Salary Increases The Mayor further announced that the following employees for City Manager, had been granted a 6.25 percent increase in salary: City Attorney, City Manager, City Attorney, and City Clerk; and that and City Clerk the City Council salaries are increased 5 percent effec- tive when the new term of office begins after the Municipal Election on November 6, 1984. The Mayor reported that the regular City Council meeting of October 3, 1983, has been canceled, and that the next meeting will be held on October 17, 1983. ADJOURNMENT The Mayor declared the eting adjo�jned at 11:0 ENp QI Mayor of the City of Costa Mesa ATTEST: C ty Clerk of the City of Costa esa 11