Loading...
HomeMy WebLinkAbout12/02/1985 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA DECEMBER 2, 1985 The City Council of the City of Costa Mesa, California, met in regular session December 2, 1985, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by Vice Mayor Hornbuckle, followed by the Pledge of Allegiance to the Flag, and Invocation by the Vice Mayor. ROLL CALL Council Members Present: Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: Hertzog On motion by Council Member Wheeler, seconded by Council Member Schafer, the remaining Consent Calendar items were approved in one motion,by the following roll call vote_: AYES: COUNCIL MEMBERS: Hornbuckl&, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None.- ABSENT: COUNCIL MEMBERS: `Hertzog 1 Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Council Member Wheeler, seconded by Council November 18, 1985 Member -Schafer, and carried 4-0, the minutes of the regular meeting of November 18, 1985, were approved. ORDINANCES A motion was made by Council Member Wheeler, seconded by Council Member Hall, and carried 4-0, to read all ordi- nances by title only. New Business Vice Mayor Hornbuckle made an announcement concerning Item No. 1 Item 1 under New Business, problems at Trailertown Trailertown Mobile Home Park: the Council will not be discussing a mobile home park ordinance this evening, nor will they be discussing problems concerning mobile home parks other than Trailertown. ORAL COMMUNICATIONS Don Hunter, Golden State Mobilehome Owners League, asked that the Trailertown item be moved forward on the Agenda Trailertown Item because, of the many elderly people who were present to Moved Forward on speak on this matter. Vice Mayor Hornbuckle responded Agenda that the Trailertown,issue would be discussed after the Consent Calendar items have been acted upon. DR -85-39 Sid Soffer, 900 Arbor Street, Costa Mesa, referred to Development Review DR -85-39, for property located at 221-1/2 Avocado Street. Mr. Soffer commented on state- ments made by Vice Mayor Hornbuckle at the meeting of November 18, 1985. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 5(e), claim from Larry F. Barone, et al; Item 5(f), claim from Lloyd S. Jones; Item 5(g), claim from Ann Profant; Item 5(h), claim from Daniel J. Gott; Item 5(i), claim from Allstate Insurance Canpany/Brian and Josephine Coleman; Item 5(j) claim from George Matsumoto; Item 5(k), claim from Paul H. McGinnis; Item 5(n), Application for Leave to Present a Late Claim from Gregg E. Martin; and Item 5(o), Application for Leave to Present a Late Claim from Holroyd Way Watkins. On motion by Council Member Wheeler, seconded by Council Member Schafer, the remaining Consent Calendar items were approved in one motion,by the following roll call vote_: AYES: COUNCIL MEMBERS: Hornbuckl&, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None.- ABSENT: COUNCIL MEMBERS: `Hertzog 1 WRITTEN On motion by Council Member Wheeler, seconded by Council COMMUNICATIONS Member Schafer, and carried 4-0, a letter from Kenton S. White, 2824 Shantar Drive, Costa Mesa, concerning the WIGS Cable Service addition of WTBS to the City's cable service, was refer- red to the Communications Director for a report. READING FOLDER On motion by Council Member Wheeler, seconded by Council Member Schafer, and carried 4-0, the following Reading Folder items were, received and processed: Claims Claims received by the City Clerk: Allstate Insur- ance/Raymond Lea; Attorney Paul F. Easlick on behalf of Samuel Pedro; Mr. and Mrs. Mitchell Sabbagh; Adolph S. Thorson; and Attorney Harold V. Sullivan, II, on behalf of Minh Duc Truong. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Oodles.of Noodles,:Incorporated, doing business at 1700 Newport Boulevard; and E. Hazel Sargenti and Richard L. Smith, doing business as Sargenti's, 843 West 19th Street. Speed Limit Letter from Rob and Nicky Boullon, 201 Lillian Place, Reduction on Costa Mesa, thanking the Council for lowering the Orange Avenue speed limit on Orange Avenue. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Purpose has been received.frcm the Christian Record Christian Record Braille Foundation,. Incorporated, 4444 South 52nd Braille Foundation Street, Lincoln, Nebraska, by soliciting funds at busi- ness locations from January 1 through June 30, 1986. MOTION On motion by Council Member Wheeler, seconded by Council Permit Approved Member Schafer, and carried 4-0, the permit was approved with application of Municipal Code Section 9-234(j). Purple Heart Veterans MOTION Pen -nit Approved REJECTED CLAIMS Baldridge Notice of Intention to Appeal or Solicit for Charitable Purpose has been received from Purple Heart Veterans Rehabilitation Services, Incorporated, doing business as Purple Heart Veterans. Thrift Stores, 555 East Ocean Boulevard, Suite 225, Long Beach, by door-to-door solicitation of useable,clothing and miscellaneous household items.from January 1 through December 31, 1986. . On motion by Council Member Wheeler, seconded by Council Member Schafer, and carried 4-0, the penmit was approved with application of Municipal Code Section 9-234(j). On motion by Council Member Wheeler, seconded by Council Member Schafer, and carried 4-0, the claim from John W. Baldridge was rejected. Dingman On motion by Council Member Wheeler, seconded by Council Member Schafer, and carried 4-0, the claim fron Jeffrey D. Dingman was rejected. Lea On motion by Council Member Wheeler, seconded by Council Member Schafer, and carried 4-0, the claim from Raymond A. Lea was rejected. Regehr California Standard/White Transportation On motion by Council Member Wheeler, seconded by Council Member Schafer, and carried 4-0, the claim from Sabrina D. Regehr was rejected. On motion by Council Member Wheeler, seconded by Council Member Schafer, and carried 4-0, the claim from Cali- fornia Standard Indemnity/White Transportation was rejected. 4 0 Petrella On motion by Council Member Wheeler, seconded by Council for Bid Item 693, Paint Various City Member Schafer, and carried 4-0, the claim from Salva- Buildings, are on file in the Clerk's office. On motion tore Petrella was rejected. ADMINISTRATIVE ACTIONS A request has been received from M. D. Janes Company, MOTION 2950 Airway Avenue, Costa Mesa, for refund of a Refund to M. D. $5,000.00 deposit in connection with the San Michel Janes Company Condominium project because conditions of approval have Drimakis Painting been completed. On motion by Council Member Wheeler, MOTION seconded by Council Member Schafer, the refund was Refund Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler Hall, Wheeler NOES: NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Bid Item 691 Bids received for Bid Item 691, Upholster Chairs, are on Upholster Chairs file in the Clerk's office. On motion by Council Member Wheeler, seconded by Council Member Schafer, the con - MOTION tract was awarded to Dimond Upholstery and Drapery, Awarded to 2426 Newport Boulevard, Costa Mesa, for $9,903.57. The Diamond Upholstery motion carried by the following roll call vote: and Drapery AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Bid Item 693 Bids received for Bid Item 693, Paint Various City Paint Various Buildings, are on file in the Clerk's office. On motion City Buildings by Council Member Wheeler, seconded by Council Member Schafer, the contract was awarded to Drimakis Painting, MOTION Incorporated, Post Office Box 1166, Tehachapi, for Awarded to $16,330.00. The motion carried by the following roll Drimakis Painting call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Bid Item 695 One bid received for Bid Item 695, Dry Clean Drapes, is Dry Clean Drapes on file in the Clerk's office. On motion by Council Member Wheeler, seconded by Council Member Schafer, the MOTION contract was awarded to Kona Kleaners, 333 East 17th Awarded to Street, Costa Mesa, for $12,500.00. The motion carried Kona Kleaners by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Bid Item 696 Bids received for Bid Item 696, Various Trucks, are on Various Trucks file in the Clerk's office. On motion by Council Member Wheeler, seconded by Council Member Schafer, the con - MOTION tract was awarded to Tam Bell Chevrolet, 800 Alabama, Awarded to Tam Redlands, as follows: Bell Chevrolet Exhibit "A" - One G.V.W. Fleetside Pickup Truck, $11,521.14; Exhibit "B" - One G.V.W. Truck with Service Body, $11,014.30; Exhibit "C" - One G.V.W. Truck with Service Body and Lift Gate, $15,249.16; Exhibit "D" - One G.V.W. Utility Van, $10,481.28; Exhibit "E" -.One G.V.W. Stake Bed Dump Truck, $17,892.80. 441 The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Bid Item 697 One bid received for Bid Item 697, Modify Civic Center Modify Civic Center Heating, Ventilating, and Air Conditioning (HVAC) HVAC System System, is on file in the Clerk's office. On motion by Council Member Wheeler, seconded by Council Member MOTION Schafer, the contract was awarded to Honeywell, Incor- Awarded to porated,.3176 Pullman Street, Costa Mesa, for Honeywell $69,162.00. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler .NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Bid Item 702 Bids received for Bid Item 702, One Motorcycle for One Motorcycle Traffic Enforcement, are on file in the Clerk's office. On motion by Council Member Wheeler, seconded by Council MOTION . Member Schafer; the contract was awarded to Champion Awarded to Motorcycle, Incorporated, 1580 Newport Boulevard, Costa Champion Mesa, for $5,707.04. The motion carried by the follow - Motorcycle ing -roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT:. COUNCIL MEMBERS: Hertzog Bid Item 704 Bids received for Bid Item 704, Install New Doors at the New Doors for Police Facility, are on file in the Clerk's office. On Police Facility motion by Council Member Wheeler, seconded by Council Member Schafer, the contract was awarded to Barr Door of MOTION South Orange County, Incorporated, 10015 Muirlands, Unit Awarded -to "A", Irvine, for $4,984.00. The motion carried by the Barr Door following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Agreement - Mesa The Director of Public Services has requested approval Pacific Development of an agreement with Mesa Pacific Development Company, 1999 Maple Avenue, Costa Mesa, regarding disposition Anaheim/Maple Storm of a wood fence in the area of the proposed Anaheim/ Drain Maple Storm Drain project. Mesa Pacific staff indicated that if the City's contractor must remove the above- mentioned fence, they are agreeable to being canpensated MOTION for the replacement cost. The lowest bid received by Agreement the City is $1,350.00. On motion by Council Member Approved Wheeler, seconded by Council Member Schafer, 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: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Completion of Traffic signal, landscaping and irrigation, storm drain, Improvements in and sewer improvements have been completed to the satis- Tract 10950 by faction of the Director of Public Services in Tract Curci-England 10950 (Assessment District No. 82-2), located between Sunflower Avenue and the San Diego Freeway and between Avenue of the Arts and Main Street. The developer is Curci-England Ccmpany, 21515 Hawthorne Boulevard, MOTION Torrance. On motion by Council Member Wheeler, seconded Work Accepted by Council Member Schafer, the work was accepted, and 442 bonds for $3,131,510.50 were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Notice of Completion Construction of the Restroom and Associated Improvements Restroom at at Smallwood Park has been completed to the satisfaction Smallwood Park/ of the Director of Leisure Services by Hondo Cempany, Hondo Company 18391 East 17th Street, Santa Ana. On motion by Council Member Wheeler, seconded by Council Member Schafer, the MOTION work was accepted; the Clerk was authorized to file a Work Accepted Notice of Completion; authorization was given to release retention funds 35 days after filing the Notice of Completion; the Labor and Material Bond was ordered exonerated 7 months after filing the Notice of Comple- tion; and the Performance Bond was ordered exonerated 12 months after filing the Notice of Completion. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Notice of Completion Improvements on the North Side of 23rd Street East of 23rd Street/Fecit Santa Ana Avenue have been completed to the satisfaction Strata of the Director of Public Services by Fecit Strata Con- struction Company, 10727 Leland Avenue, Whittier. On MOTION motion by Council Member Wheeler, seconded by Council Work Accepted Member Schafer, the work was accepted; the Clerk was authorized to file a Notice of Completion; authorization was given to release retention funds immediately; the Labor and Material Bond was ordered exonerated 7 months after filing the Notice of Completion; and the Perform- ance Bond was ordered exonerated 12 months after filing the Notice of Completion. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Budget Adjustment On motion by Council Member Wheeler, seconded by Coun- No. 86-23/Rea cil Member Schafer, Budget Adjustment No. 86-23 for Community Center $10,000.00, to install security lighting at Rea Commun- ity Center, was approved by the following roll call MOTION vote: Adjustment AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Approved Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Budget Adjustment On motion by Council Member Wheeler, seconded by Coun- No. 86-25/Golf cil Member Schafer,. Budget Adjustment No. 86-25 for Course Drive Median $70,000.00, to construct a median on Golf Course Drive, was approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Adjustment Hall, Wheeler Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Parking Prohibition The Traffic Commission has recommended that parking be on Pomona Avenue prohibited along the easterly curb of Pomona Avenue beginning at a driveway in front of 671 West 17th Street for a distance of 40 feet northerly to improve sight MOTION distance. On motion by Council Member Wheeler, seconded Resolution 85-101 by Council Member Schafer, Resolution 85-101, being A Adopted RESOLUTION OF THE CITY COiJNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF 4_113 POMONA AVENUE SOUTH OF 17TH STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Parking Prohibition The Traffic Commission has reccammended that parking be on Monrovia Avenue prohibited along the westerly curb of Monrovia Avenue beginning 105 feet north of the centerline of Arbor Street for a distance of 195 feet northerly, to improve MOTION sight distance. On motion by Council Member Wheeler, Resolution 85-102 seconded by Council Member Schafer, Resolution 85-102, Adopted being,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF MONROVIA AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Parking Prohibition The Traffic Ccmmission has recc mmended that parking be on East 19th Street prohibited along both curbs of East 19th Street east and on Fullerton of Fullerton Avenue, and along the easterly curb of Avenue Fullerton Avenue southerly for 45 feet. The Commission found this necessary for new striping in conjunction with the widening of 19th Street to the west. On motion MOTION by Council Member Wheeler, seconded by Council Member Resolution 85-103 Schafer, Resolution 85-103, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON PORTIONS OF EAST 19TH STREET AND ON FULLERTON AVENUE, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog One-way Stop on The Traffic Commission has reccmunended installation of Salinas Avenue at a one-way stop sign for westbound traffic on Salinas Wimbledon Way Avenue at Wimbledon Way. The decision was made after reviewing peak hour conditions, accident history, and MOTION traffic volumes. On motion by Council Member Wheeler, Resolution 85-104 seconded by Council Member Schafer, Resolution 85-104, Adopted being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A STOP SIGN ON SALINAS AVENUE AT WIMBLEDON WAY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog Findings for At the Council meeting of November 18, 1985, the City DR -85-39 Attorney was directed to prepare findings supporting the Council's decision for building permits at 221-1/2 Avocado Street in connection with Development Review MOTION DR -85-39. On motion by Council Member Wheeler, seconded Findings by Council Member Schafer, and carried 4-0, six findings Adopted included with the City Attorney's memorandum of Novem- ber 27, 1985, were adopted. Claims Concerning The following Consent Calendar items were presented: Damaged Properties Items 5(e) through 5(k), claims from Larry F. Barone, in North Costa et al; Lloyd S. Jones-; Ann Profant; Daniel J. Gott; Mesa Allstate Insurance Ccampany/Brian and Josephine Coleman; George Matsumoto; and Paul H. McGinnis, respectively. The claims relate to damaged properties in North Costa Mesa. , 4/1.4 Council Member Wheeler suggested that no action be taken on these claims until the City -funded geological study has been completed. The City Attorney recommended that the claims be rejected because he was of the opinion that the study will not indicate liability on the part of the City. The Development Services Director reported that the completed study is expected by December 9, 1985. A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, to continue these items to the meeting of December 16. The motion failed to carry 2-2, Council Members Schafer and Hall voting no. A motion was made by Council Member Schafer, seconded by Council Member Hall, to reject the claims listed under Items 5(e) through 5(k). The motion failed to carry 2-2, Council Members Hornbuckle and Wheeler voting no. Claims Referred The City Attorney suggested bringing back these claims to December 16 at the,Council meeting of December 16, 1985. All Council Meeting Council Members agreed with that recommendation. Applications to Items 5(n) and 5(o) on the Consent Calendar were pre - Present Late Claims sented: Applications for Leave to Present Late Claims from Martin and from Gregg E. Martin and Holroyd Way Watkins, respec- Watkins tively. A motion was made by Council Member Wheeler to accept the Late claims. The motion died for lack of a second. MOTION A motion was made by Council Member Hall, seconded by Applications Council Member Schafer, to deny the Applications for Denied Leave to Present late Claims. The motion carried 3-1, Council Member Wheeler voting no. NEW BUSINESS The City Clerk presented a letter from Gordon H. Dye, Trailertown representing Concerned Residents of Trailertown, 327 West Wilson Street, Space No. 81, Costa Mesa, concerning residents' problems with the mobile hone park owner. The City Manager summarized the previous discussions concerning Trailertown. At the meeting of June 17, 1985, the majority of the Council agreed that it would be best if the residents and owner of Trailertown set up meetings to resolve their problems. The Manager referred to his memorandum of November 27, 1985, stat- ing that the residents of Trailertown are requesting further consideration by the Council because they have been unsuccessful in resolving outstanding problems at the park. Don Hunter, 39 Channel Road, Newport Beach, member of Golden State Mobilehone Owners League (GSMOL), commented that many of the problems occurring at Trailertown are also occurring at other mobile home parks throughout the area. Dawn Wippenman, Trailertown resident, Space No. 81, stated that rentals have increased 26 percent; she has been served with an eviction notice by the park owner, Mr. Dougher; and that Mr. Dougher will not meet with the park residents as he stated he would at the June, 1985, Council meeting. Duane Wippetman submitted photographs of Trailertown and reported that renovation of the park has been in 445 progress for five months and is a hazard to the resi- dents. He also mentioned that the water had been turned off four times without prior notice. Lillian.Seaman, Space No. 40, spoke of the problems she is encountering with the electrical service at her mobile home, resulting in damage to her television set. Ms. Seaman also commented on the removal of the streets alongside her space; destruction of her garden; locking of the rest roans; and water accumulating in front of her mobile home area. Joanna J. Economakos, 3258 New York Aveue, Costa Mesa, representing.her mother who is.a resident of Trailer - town, asked if the .City allows 20 units per acre. The Development Services Director.responded that since the park is zoned R3, 20 units per acre is permitted. Ms. Economakos was of the opinion that the spaces at the park were being altered since the space number for her mother's mobile home has been changed. Earl Lane, member of.GSMOL, stated that he attended the June 17,.1985, Council meeting when the Council asked Mr. Dougher to meet with :the tenants, and Mr. Dougher has not done so. Mr. Lane.mentioned that intermingling travel trailers and mobile homes is not permissible. He asserted that the Council has the authority to remedy the problems at Trailertown. Marie Malone, 1600-44 East Vista Way, Vista, Senior Vice President of GSMOL, submitted a four-page report concerning the League's activities in resolving problems such as those now existing at Trailertown. She sug- gested that a task force be formed consisting of two owner representatives, twotenant representatives, and two representatives from the City. She pointed out that attorneys are excluded. Ms. Malone reported that the tasl force has been very successful in other cities. Vickie Talley, 17845 Skypark Circle, Suite "J", Irvine, representing Trailertown owner, Gerry Dougher, and other park owners who are members of the Manufactured Housing Educational Trust, Orange County, stated that Mr. Dougher has met with all Trailertown residents on a one-to-one basis. She reported that individual water meters are being installed.and this requires that lot lines be defined. Ms. Talley explained that the rest rooms were closed since all mobile homes on the site are self-contained, and if anyone wanted to use those facilities, they were given a key. She reported that Mr. Dougher has complied with all required codes and permits; Mr. Dougher provides a monthly newsletter for the tenants; and the park meeting room is available to Trailertown residents 24 hours a day. Ms. Talley was of the opinion that a task force was not needed at Trailertown and that she has observed that the major goal of a task force is rent control. Council Member Wheeler remarked that rent control has not been mentioned by anyone this evening. Marie Malone, GSMOL, stated that rent control has never followed a task force. Gerry Dougher explained the pending litigation involving the Wippermans; reported that the density at the park is not in excess of the present zoning, and the plot plan is identical to the original plot plan except for four lots backing up to the farm area. Roy Thomas, 3762 Montego Drive, Huntington Beach, repre- senting the owner of Snug Harbor Travel Trailer Park, Costa Mesa,'commented that it takes time to upgrade a park, install new utilities, and to have the work inspected. He stated that park improvements increase the selling price of mobile homes. Council Member Schafer stated that the photographs of Trailertown indicate to her that the tenants have been subjected to extraordinary inconveniences. MOrTION A motion was made by Council Member Schafer, seconded City Manager by Council Member Hall, directing the City Manager to Directed to investigate the situation at Trailertown, meet with Investigate those people involved, define the specific problems, Complaints and report back to the Council. The motion carried 4-0. RECESS Vice Mayor Hornbuckle declared a recess at 9:00 p.m., and the meeting reconvened at 9:15 p.m. OLD BUSINESS The City Clerk presented a memorandum from the Planning Transition Zone/ staff dated November 25, 1985, concerning the Transition RUDAT Zone RUDAT (Regional Urban Development Assistance Team). The Transition Zone incorporates 854 through 1014 West 19th Street, and 1903 Federal Avenue. The Development Services Director referred to the above mentioned staff memorandum which provides the following alternatives for the Transition Zone: 1. Invite the Orange County Chapter/The American Institute of Architects (OCCAIA) to organize a RUDAT in April, 1986. 2. Direct City staff to organize a RUDAT. 3. Hire a consultant to organize a RUDAT. 4. Complete a Staff Report without a RUDAT. Staff has recommended approval of the first alternative. The memorandum mentions that the Transition Zone has been an area of concern for over 20 years, and a wait of three or four additional months seems insignificant. Doug Yates, 274 Cecil Place, there are creative people in the design. Costa Mesa, stated that the City eager to help with Jim Harris, President of OCCAIA, explained the difference between the RUDAT project in Newport Beach and the mini- RUDAT (charette) project in Santa Ana. The Development Services Director mentioned that a RUDAT would be more appropriate for the City of Costa Mesa because it involves land use. Sid Soffer, 900 Arbor Street, Costa Mesa, could not understand the necessity to call upon the American Institute of Architects to assist with the design of such a small area of the City. Doug Yates spoke again and commented favorably on the City of Santa Ana Design Charette. Patrick Dolan, 923 West 20th Street, Costa Mesa, did not agree with the alternatives presented for the Newport Beach RUDAT, and was of the opinion that with a RUDAT, increased density is usually the result. Mr. Dolan stated that he felt this project is part of a larger scheme to redevelop the west side. 4`17 Council Member Schafer mentioned that the Transition Zone has not been addressed for many years and that it was time to provide 'a definite solution for the people in that area. Council Member Hall preferred leaving the Transition Zone as is, Rl'zoning with'transitional overlay, and stated that as soon as the market pressures indicate what the proper use of the property will be, then the City should do something about it. Joy Laho, 914 West 19th Street, Costa Mesa, stated she wanted Residential/Commercial for the Transition Zone, and did not want a RUDAT or any other studies done. Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, reported that at an open forum held last spring, the majority favored light commercial or retaining residential with light -commercial. Mr. Pizarek reported that the resi- dents on Arbor Street want to be included in the discussions for the Transition Zone. Bob Laho, 914 West 19th Street, Costa Mesa, commented that he did not want the City to purchase his property because if a marina is finally constructed, the value of his property will increase. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke against the Newport Beach RUDAT. MOTION A motion was made by Council Member Schafer to approve Alternate 1 Alternative 1, request OCCAIA to organize a RUDAT in Approved the spring of 1986. Council Member Wheeler commented that this alternative would provide for the maximum community input. The motion was seconded by Council Member Wheeler, and carried 4-0. WARRANTS On motion by Council Member Schafer, seconded by Council Member Hall, and carried 4-0, Warrant Resolution 1305, MOTION including Payroll 8523, was approved by the following Warrant 1305 roll call vote: Approved AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog MOTION On motion by Council Member Schafer, seconded by Council Warrant 1306 Member Hall, and carried 4-0, Warrant Resolution 1306 Approved was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog CITY ATTORNEY REPORTS The City Attorney referred to his confidential memoran- dum dated November 21, 1985, concerning settlement of Williams Lawsuit the Mary Jane Williams lawsuit. MOTION/Settlement On motion by Council Member Hall, seconded by Council Authorized Member Wheeler, authorization was given to tender the mount indicated in the memorandum for purposes of a settlement. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hertzog PUBLIC HEARING The City Clerk announced that this was the time and Appeal of PA -85-188 place set for the public bearing to consider an appeal Sparrow of the Planning Commission's denial of Planning Action PA -85-188 from Patrick H. Sparrow, authorized agent for Marguerite A. Sparrow, for a Conditional Use Permit for an accessory apartment, and a variance from either park- ing or front landscaped setback requirements, located at 259 East Bay Street in an R1 zone. Environmental Deter- mination: Exempt. The Aff idavit.of Mailing is on file in the Clerk's office. A communication has been received from Albert L. Hoy 274 East Bay Street,,opposing the application.f. A petition in opposition to the project has been received, and it contains the signatures of 13 home- owners in the area. The Development Services Director summarized staff's memoranda of November 22 and December 2, 1985. The front yard of the site is not large enough to allow the parking requirement to,be met without removing an excessive amount of landscaping. Street frontage adjacent to the residence would allow for two on -street parking spaces; however, the Transportation Services Manager and the Police Department recommend against a parking variance.' The Director pointed out that there is some question by staff as to the exact meaning of accessory unit size. It has been staff's understanding that the accessory apartment shall not exceed the lesser of 640 square feet or 40 percent of the primary (larger) unit. The proposed accessory apartment is 51 percent of the primary unit. Patrick Sparrow, 787 Church Street, San Luis Obispo, representing his mother, the applicant, stated that the accessory unit would provide rental income for his mother when she retires in two years. Mr. Sparrow gave a slide presentation of the neighborhood and mentioned that two of the houses on East Bay Street are rental units. He disagreed with Findings A and B contained on Page 3 of the Staff Report.' Finding A indicates that evidence presented does not sufficiently meet the condi- tions set forth in Section 13-347 of the Municipal Code since the proposed,modifications are not compatible with the intent of State Law nor the surrounding single- family residential neighborhood. Finding B states that evidence presented does not sufficiently meet conditions of Section 13-346 of the Municipal Code in that no site hardship or special circumstances exist in terms of shape, size, location, or topography to justify the variance from either parking or front landscaped set- back etback requirements. Mr. Sparrow read from a copy of Senate Bill 1534 which created the granny flat concept. He also read a legal interpretation of Senate Bill 1160 concerning the meaning of a variance. Mr. Sparrow stated that the neighbors circulated a petition without viewing the plans for the project. He also reported that he met with six homeowners, and after showing them the plans and the State Code, they supported the pro- posed accessory unit. The following neighbors spoke in opposition to the application mainly because they felt allowing a rental unit on an R1 parcel would set a precedent for the neighborhood, and that it would devaluate their proper- ties: Albert Hoy, 274 East Bay Street; John.and Ramona Steinman, 258 East Bay Street; Gene Rounds, 250 East Bay Street; c Rob and Anchi Tan Miller, 265 East Bay Street; Barry Wood, 269'East Bay Street; Jack Crawford, 297 East Bay Street; and Richard Moore, 276 Robin Hood Lane; Doug Yates, 274 Cecil Place, Costa Mesa, stated that there has been an erosion of Rl properties on the east side and opposed the Sparrow project. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of the request. Patrick Sparrow spoke again stating that if 30 percent of the property owners added accessory units, there would be very little change in the neighborhood. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, was opposed to the project. He stated that the Rl integrity in that area should be maintained. There being no other speakers, the Vice Mayor closed the public hearing. MOTION On motion by Council Member Wheeler, seconded by Council PA -85-188 Member Schafer, and carried 4-0, Planning Action Denied PA=85-188 was denied. Vice Mayor Hornbuckle requested that the question of the accessory apartment size be scheduled for a Study Session as soon as possible. RECESS The Vice Mayor declared a -recess at 11:55 p.m., and the meeting reconvened at 12:05 p.m. PUBLIC HEARING The City Clerk announced that this was the time and Rehearing of place set for the public hearing for the rehearing of GP -85-3A and General Plan Amendment GP -85-3A and Rezone Petition R-85-10 R-85-10, frcam Bob Burtner, authorized agent for Robert Burtner/Fodor Fodor; to change the land use designation from Medium Density Residential to High Density Residential, and to rezone from R2 to R4, for property located at 543 Victoria Street. Environmental Determination: Negative Declaration. These applications were denied by Council on November 4, 1985. The Affidavit of Publication is on file in the Clerk's office. A letter has been received from Mr. and Mrs. Jess Hyder, 2156 Myran Drive, Costa Mesa, opposing the project because of the high density being proposed. The Development Services Director reported that the applicant has requested a two-week continuance. Gary Briggs, 552 Hamilton Street, Unit E-1, Costa Mesa, stated that he lives adjacent to the subject site and opposes the high density being requested. Council Member Wheeler opposed delaying the hearing. MOTION A motion was made by Council Member Hall, seconded by Held Over Council Member Schafer, to continue the public hearing to December 16, 1985. The motion carried 3-1, Council Member Wheeler voting no. PUBLIC HEARINGS The City Clerk announced that this was the time and GP-85-3B/R-85-12 place set for the public hearings for David Lorenzini, Lorenzini/Nabers authorized agent for Richard Nabers, for property at 454, 458, 463, and 464 Princeton Drive: 5 General Plan P mendment GP -85-3B, to change the land use designation from Low Density Residential to General Commercial. Rezone Petition R-85-12, to rezone from Rl (Single - Family Residential) to Cl (Local.Business District). Environmental Determination: Negative Declaration: The Affidavit of Publication is on file in the Clerk's office., , Letters in opposition to the request have been received from Richard and Patricia MacGregor, 222 Princeton Drive, Costa Mesa; and..from Mr. and Mrs. Edward Fredricks, Jr., 458_ Swarthmore Lane, Costa Mesa. A letter in support of the expansion has been received from Paul and Margaret Engard, 448 Princeton Drive, Costa Mesa. A letter has also been received from the applicant, Richard Nabers, requesting withdrawal of General Plan Amendment GP -85-3B, and asking that the land use desig- nation for the parcel at 464 Princeton Drive remain General Commercial, recognizing that this parcel is presently a substandard residential lot. The Development Services Director reported that the Planning Commission recommended denial of the request to redesignate properties at.the intersection of Princeton Drive and Harbor Boulevard for General Commercial use and to rezonethen to Cl. The Commis- sion recommended that 464 Princeton Drive be changed from General Commercial to Low Density Residential; that 454.,,458, and 463 Princeton Drive retain the existing Low Density Residential designation; and that all four lots retain the existing Rl zoning. The Director stated that Council has the option of proceeding with the hearing for;the General Plan Amendment.and Rezone Petition, or returning the rezone to the Planning Commission since the Commission did not consider.Rezone Petition R;85-12 at their meeting of November 12, 1985. The rezone must be changed or withdrawn... The Director -referred to Mr. Naber's letter which states that the parcel at 464 Princeton Drive is a substandard residential lot. The Director reported that the lot is not substandard for residential use. Vice Mayor Hornbuckle asked Richard Nabers to clarify his letter since it did not mention Rezone Petition R-85-12. Richard Nabers stated that the.intent of his letter was to respect the wishes of the College Park residents. At the same time, he wanted to proceed with development of the parcel at 464 Princeton Drive. Mr. Nabers com- mented that he has been.under.the impression that this lot is a substandard residential lot because of the dedication,he made parallel to Harbor Boulevard. The Development Services Director responded that according to the Assessor Parcel Maps, the dedication was never made. The Director of Public Services suggested that the City may have required.the dedication, Mr. Nabers agreed to it-, but the deed may never have been submitted to him; therefore, there would have been no dedication. 5i Council-Menber Wheeler expressed his desire for Council to proceed with the hearing. Council' Member Hall preferred returning the matter to the Planning Commission to consider the zoning at 464 Princeton Drive because of the possibility of an agree- ment being reached between Mr. Nabe'rs and the residents. Carl Burman, 447 Princeton Drive, submitted a petition containing 1,455 signatures of Costa Mesa residents opposing any cammercial intrusion into the College Park area. Other Costa Mesa residents who spoke in oppostion to the Nabers expansion were Marie Maples, 461 Swarthmore Lane; Hank Panian, 436 Swarthmore Lane; Russell Millar, 223 Wellesley Lane; Bud Lengtat, 432 Princeton Drive; Jean Robins, -1807 Tahiti Drive; David Arthur, 280 Bowling Green Drive; Peter Hamborg, 21661 Brookhurst Street, Huntington Beach, representing his parents who own property at 457 Princeton Drive; and Jim Aynes, 2811 Loreto Avenue; Doug Meeter, 2299 Harbor Boulevard, Costa Mesa, realtor, stated that the owner occupancy in College Park is 85 percent and he opposed a rezone to commercial use. David Ellis, representing Nabers Cadillac, stated if the property at 464 Princeton Drive is changed to R1, there is no guarantee that Mr. Nabers will build a house on that lot. Mr. Ellis reported that the expansion will be for the display of new cars; however, the landscaping being planned will enhance the entrance to the neighbor- hood. Richard Nabers spoke again and reported that he would provide a wall, planters, and a 15 -foot landscaped buffer between his property and the residential area. David Lorenzini, authorized agent for Mr. Nabers, stated that if the subject parcel remains R1, the lot will never be developed, and suggested that both sides get together. Sid Soffer,'900 Arbor Street; Costa Mesa, asked for clarification of the Gann Limitation Initiative. Vice Mayor Hornbuckle responded that the Gann Limitation is not the subject of'this hearing. There being no other speakers, the Vice Mayor closed the public hearing. Council Member Wheeler commented that the Council is aware of car dealers' problems. As to the property in question, Council Member Wheeler expressed his concern because the General Plan and zoning designations are in conflict. MOTION A motion was made by Council Member Wheeler, seconded by Resolution.85-105 Vice Mayor Hornbuckle, to adopt the Negative Declaration Adopted (Approving of Environmental Impact; and to adopt Resolution 85-105, Option I) being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -85-3B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, approving Option I which changes the land use designation for 464 Princeton Drive from General Commer- cial to'lbw Density Residential. Council Member Hall commented that this property has become an emotional issue rather than a planning issue. 452 He believed that if Mr. Nabers would have been able to develop the lot as he had proposed, the present adverse impacts could have been diminished considerably. Council Member Schafer stated that the College Park residents have overwhelmingly voiced their desire for the subject property to be residential. The motion to change the land use designation to Low Density Residential carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Schafer, Wheeler NOES: COUNCIL MEMBERS: Hall ABSENT: COUNCIL MEMBERS Hertzog MOTION On motion by Council Member Schafer, seconded by Council R-85-12 Member Wheeler, and carried 3-1, Council Member Hall Denied voting no, Rezone Petition R-85-12 was denied. Automobile Dealer Council Member Schafer referred to the memorandum dated Task Force November 22, 1985, which she and Vice Mayor Hornbuckle directed to the Council, recommending that an Automobile Dealer Task Force be considered. To date, the City has received requests for expansion from two dealerships, and it seems likely that more requests will be forth- ceming . MOTION On motion by Council Member Schafer, seconded by Vice Referred to Mayor Hornbuckle, and carried 4-0, this item was Study Session referred to the Study Session of January 13, 1986. NEW BUSINESS The City Clerk presented Zone Exception ZE-80-26A5, ZE-80-26A5 Toren Segerstrcam, authorized agent for C. J. Segerstrom Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for an amend- ment to the Harbor Gateway Planned Development, to Harbor Gateway replace three. proposed buildings totaling 60,000 square Business Center feet with one building containing 50,000 square feet at 3500 Hyland Avenue, in a PDI zone. Environmental Determination: Environmental Impact Report accepted previously. MOTION 'A motion was made by Council Member Hall, seconded by ZE-80-26A5 Council Member Schafer, to approve Zone Exception Approved ZE-80-26A5 based on the findings and analysis of staff, and subject to all conditions contained in the Staff Report. Council Member Wheeler commented that the applicant's proposal will leave quite a bit of vacant land at the site and he is not sure if future City Councils will protect the interests of the people in that area. He stated that he would vote against the request because he was afraid that as soon as the present Council changes, the applicant will be back requesting the addition of two or three more buildings. Council Member Wheeler suggested that if the applicant is truly serious about not adding more buildings in the future, perhaps he would dedicate the vacant land for permanent open space purposes. Responding to a question from Vice Mayor Hornbuckle, the Development Services Director stated that construc- tion will begin as soon as possible, that the building will be used primarily for a warehouse with some office space included. Toren Segerstran responded to Council Member Wheeler's cc ments stating that the market has shifted since 1980 and he is attempting to respond to that change. Mr. Segerstrom stated that the building will be no higher than two stories, and that he is attempting to comply with the direction in which the City is going, and it is not his intention to maximize the use of the site. Mr. Segerstran mentioned that the tenant for the building is Mary Kay Cosmetics, Incorporated. Jerry Tasch, representing Mary Kay Cosmetics, reported that the the firm is moving to Costa Mesa frau Fountain Valley and that there will be 40 employees at the site. The motion to approve the.project carried 3-1, Council Member Wheeler voting no. COUNCILMANIC COMMENTS Vice Mayor Hornbuckle made a motion to appoint the following persons to the Senior Citizens Cmmittee: Senior Citizen L. W. (Lew) Pribble, 1134 Charleston Street, to fill the Committee unexpired term of Leonard Harrison; and Hazel Redican, Appointments 2619-B Santa Ana Avenue, as second alternate. The motion was seconded by Council Member Hall, and carried 4-0. ADJOURNMENT At 2:05 a.m., the Vice Mayor adjourned the meeting to a closed personnel session on Monday, December 9, 1985, at 11:30 a.m., in the fifth floor Conference Roan of City Hall. Ma or of the Cit sta Mesa ATTEST: ty Clerk of the City of Costa esa