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HomeMy WebLinkAbout08/04/1986 - City Council1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 4, 1986 The City Council of the City of Costa Mesa, California, met in regular session August 4, 1986, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Conrad Nordquist, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: Acting City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion by Council Member Schafer, seconded by Vice July 21, 1986 Mayor Hornbuckle, and carried 5-0, the minutes of the regular meeting of July 21, 1986, were approved as distributed. ORDINANCES A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. AYSO Boys Soccer A plaque was presented to the Council by the AYSO, Team Presented Division 4, Region 120, Boys Soccer League, in appre- Plaque to City ciation of the donation made by the City to assist the team in raising the required funds to participate in the finals in Hawaii. NEW BUSINESS Mayor Hertzog announced that New Business Item No. 1 was Japan Karate being heard next because karate students from Balearic Federation Center were scheduled to make a presentation. Jacki Long, representing 19 karate students at Balearic Center, 1975 Balearic Drive, Costa Mesa, introduced some of the students who study karate at Balearic Center through the Japan Karate Federation and the Leisure Services Department. She introduced a request from herself and Martha Taylor for economic support from the City of Costa Mesa for students to attend the 1986 AAU Jr./Sr. National Championships which will be held in Atlanta, Georgia, on August 23 and 24, 1986. Mayor Hertzog congratulated the karate students. MOTION On motion by Council Member Hall, seconded by Council Funds Member Wheeler, authorization was given to donate Authorized $500.00 to Jacki Long for the karate team. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ORAL Raymond D. Westland, 327 West Wilson Street, Costa Mesa, COMMUNICATIONS a resident of Costa Mesa Mobile Estates (formerly called Trailertown), read a statement he prepared and distrib- Costa Mesa uted copies to the Council. The statement indicates Mobile Estates that a group of residents have established a Homeowners A�IjLcwp 220 Association. He explained that the Association does not represent the total residents but requested that the Council, by their vote, ask other residents to cooperate with the new Association. The Association includes an Executive Council, a Senior Citizens Committee, a Rules Committee, and a Social Committee. Mr. Westland also distributed a letter he previously sent to Mildred Kniss, a resident, requesting that she supply him with a list of GSMOL members. Council Member Wheeler expressed concern about the letter sent to Mrs. Kniss because GSMOL residents in other mobile home parks were allegedly subjected to harassment. He also asked Mr. Westland if a majority of residents had participated in the election for the new Association. Mr. Westland replied that there were over 40 people in attendance at its first meeting. Council Member Wheeler asked how many residents were in the park. Mr. Westland replied there were over 90. Council Member Wheeler also asked Mr. Westland if those who cooperate with park management receive any special favors. Mr. Westland replied that, to his knowledge, they do not. Mr. Westland also explained that the new Association is drawing up bylaws and a new constitution. Council Member Wheeler also asked Mr. Westland whether the Association had sought or is seeking advice from an attorney. Mr. Westland replied that it had not been necessary to do so. He stated that a new monthly news- letter for residents is planned. Council Member Wheeler asked Mr. Westland if Mr. Greener, the owner representative for the park, attended Associa- tion meetings. Mr. Westland replied that he did attend but had not participated except when called upon for questioning. Mildred Kniss, 327 West Wilson Street, Costa Mesa, Space No. 31, expressed her concern about inadequate fire protection for residents of the park particularly with regard to access to fire hydrants by fire trucks which she deemed unacceptable. Mayor Hertzog read a memorandum dated August 4, 1986, from Fire Marshal Tom Macduff of the Costa Mesa Fire Department that an on-site inspection of Costa Mesa Mobile Estates was conducted on July 25, 1986. Both Engine 1 and Truck 3 drove through the property to determine the adequacy of access for fire apparatus. Although access is extremely tight, Mr. Macduff observed that it is negotiable. Both short-term and long-term solutions have been agreed upon by the Fire Department and park management. Short-term involves installing a man -gate for quick access from Avocado Street, and long- term will require moving a mobile home. The Mayor reiterated that Mr. Macduff.will follow-up as deadlines come due. Mildred Kniss stated that because of the difficulty of fire truck access to the park, many residents are extremely upset. She said that her information differed from that of the Mayor. She also stated she is upset about the notice the Mayor distributed at the park for attendance at Council meetings. She stated there is always a large group of residents at meetings. Mayor Hertzog replied that she would like more park residents in attendance. Glen Greener, 14 Field, Irvine, owner representative for the park, stated a portion of the existing fence would be removed and an access gate installed this week to facilitate access to fire hydrants at the park. He advised that he had spoken to Fire Marshal Macduff this week and Mr. Macduff stated that -the park was safer now than a year ago. Mildred Kniss stated she would not comply with Mr. Westland's request to submit the names of GSMOL members as requested in the Association's letter. Council Member Wheeler questioned Mr. Greener regarding the delay in completion of the park improvements despite past promises which have not been kept. He requested that Mr. Greener set a definite completion date. Mr. Greener declined but stated he will contact Council Member Wheeler during the week with a definite date. Lillian Seaman, resident of Trailertown, Space No. 40, stated Mr. Greener had not kept past promises in resolving resident complaints. She also expressed concern about the escalation of rents and lack of low rent mobile home space in California. Glen Greener stated that he disagrees with the method used by some park residents whereby they bring complaints and differences with park management to the Council. He suggested that residents' problems should be negotiated in writing. William Schofield, Alternate Director of Golden State Mobilhome Owners League (GSOL) of Garden Grove, asked the Council to look into whether fire trucks have sufficient access to the park and, if they do not, determine what needs to be done. Roy Thomas, 3762 Montego Drive, Huntington Beach, lauded the work of the Fire Department and stated the report of the Fire Marshal Macduff should be accepted. Marilyn Spense, 327 West Wilson Street, Costa Mesa, Space No. 58, stated there is a lack of communication between residents and management of the park as well as between the two representative groups. She stated that the new Association is not democratic and notices for a City Council meeting were distributed by park management to a select group. Sid Soffer, 900 Arbor Street, Costa Mesa, stated he had phoned the City Manager's office requesting that a Fire Department representative come to the Council meetings in order to allay the fears of park residents, and to help resolve the fire protection problems which have been going on for over a year and a half. He also asked whether there was a City ordinance concerning building permit time limits for completion of work. Mayor Hertzog responded that permits differed because they were issued individually. Council Member Wheeler stated there may be an ingress/ egress problem at the park and suggested that the Fire Marshal attend a Council meeting. Mayor Hertzog expressed approval of this request. Mr. Greener stated that the Fire Marshall inspected the park and said it was "in compliance" and that long-term and short-term solutions are in place. Council Member Wheeler said that the park was not yet in compliance with Fire Department regulations. It was moved by Vice Mayor Hornbuckle, seconded by Council Member Hall, and carried 5-0, requesting the Fire Marshall to attend the next Council Study Session on Monday, August 11, 1986, at 2 p.m., in the fifth floor Conference Room of City Hall for the purpose of answering questions from the Council. Council Member Hall suggested that it would be a good idea for Fire Department personnel to attend Council meetings to allay fears of residents, and to review fire protection problems. Mayor Hertzog recommended that Mr. Macduff attend a Homeowners Association meeting at the park to explain fire department practices and procedures. Alicia Waterman, 327 West Wilson Street, Costa Mesa, requested that the new Homeowners Association be recog- nized. She stated that there is a lack of communication between representative groups and hoped they can work together in the future. Donald Hunter of GSMOL reported that the majority of park residents are members of his organization which has a task force to assist with residents' problems. He stated that residents should be aware of their legal rights. Financial Michael W. Szkaradek, 1555 Mesa Verde Drive East, Apart - Projections ment 54B, Costa Mesa, requested that a five-year projec- tion of revenues and expenses be provided to him. He also requested a copy of the official 1980 Environmental Impact Report. Vice Mayor Hornbuckle suggested he contact the City Manager's office. Day Workers Pat Dolan, 923 West 20th Street, Costa Mesa, expressed Task Force his desire to join the Day Workers Task Force. On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Wheeler, and carried 5-0, it was voted to extend Pat Dolan the Day Workers Task Force Committee by one member and Appointed add Pat Dolan as a new member. Gary Moore Sid Soffer questioned the status of the Gary Moore vs. Lawsuit City of Costa Mesa lawsuit. The City Attorney responded that there are aspects of this lawsuit that are confi- dential and privileged. When additional information is available, the City Attorney stated he will report it to the Council. - Sid Soffer questioned the Council about,a dedication of land in the last staff report of the Planning Commission meeting. He did not believe there was enough informa- tion on the report to permit a dedication. He asked Council Member Hall whether the $2,000.00 amount for remodeling, as contained in a City ordinance for dedica- tion of land, was realistic. Council Member Hall replied that he did not believe it was a proper figure and the Council should pursue that. Television Mr. Soffer asked if the Federal and City regulations Satellite regarding television satellite dishes had been resolved. Dishes The Director of Public Services responded that there may have been some denials of applications and that the City Attorney should redefine the present law. Council Member Wheeler suggested that with this uncertainty, 1 On motion by Council Member Schafer, seconded by Council Member Hall, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Schafer, seconded by Council Member Hall, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Evelyn Brumfield; William R. Glover; Attorney Jeffrey Held on behalf of Nelson & Belding Contracting Corporation; Florence Hiber on behalf of John Hiber (minor); Attorney Michael J. Bazyler on behalf of William David Buten- beck; Attorney Larry H. Parker on behalf of Shirley H. Selim; Geri Thomson; and Attorney Richard L. Riemer on behalf of Fashion One Hour Cleaners. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff; Licenses Kum Yea Kim, doing business as Pronto Kim's Delivery Market, 3186 "D" Airway Avenue, and Planning staff recommends that total customer seating or standing does not exceed -12; Choon Hak You and Jung Hui You, doing business as Bargain Food Market, 817 West 19th Street; and Nisbet, Inc., doing business as Hickory Farms of Ohio, 3333 Bristol Street, Suite 1001. Tentative Tracts Communications from City of Santa Ana regarding copies Santa Ana of Tentative Tract Nos. 12847 and 11308. Police Communication from Angier R. Angier, Signpac Pacific, 1131 Baker Street, Costa Mesa, commending the Costa Mesa Police Department and suggesting pay scales be comparative with neighboring cities. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Council Kamuran Member Hall, and carried 5-0, the claim from Dogan Kamuran was rejected. Fuller On motion by Council Member Schafer, seconded by Council Member Hall, and carried 5-0, the claim from Louise B. Fuller was rejected. Notice of Completion Installation of Traffic Signals on Victoria Street at Steiny and Company Valley Road, and Replacement of Signal Controllers on Victoria Street and on Red Hill Avenue has been applicants should be issued a Conditional Use Permit. Vice Mayor Hornbuckle stated that this issue is sched- uled for a study session. Time Limit for Mark A. Korando, 582 Park Drive, Costa Mesa, mentioned Speakers at the that at the Council meeting of July 7, 1986, during a Council Meeting public hearing for the Mola Corporation, speakers were given only five minutes, but Section 2.62 of the Costa Mesa Municipal Code provides that there can be a vote by Council to extend a speaker's time. Mayor Hertzog explained that speakers can speak a second time if necessary. CONSENT CALENDAR The following items were removed from the Consent Calen- dar: Item 5, Resolution conveying a portion of Plumer Street to the Redevelopment Agency; and Item 6, request to rescind ingress/egress agreements with owners of property within the Commercial Rehabilitation block. On motion by Council Member Schafer, seconded by Council Member Hall, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Schafer, seconded by Council Member Hall, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Evelyn Brumfield; William R. Glover; Attorney Jeffrey Held on behalf of Nelson & Belding Contracting Corporation; Florence Hiber on behalf of John Hiber (minor); Attorney Michael J. Bazyler on behalf of William David Buten- beck; Attorney Larry H. Parker on behalf of Shirley H. Selim; Geri Thomson; and Attorney Richard L. Riemer on behalf of Fashion One Hour Cleaners. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff; Licenses Kum Yea Kim, doing business as Pronto Kim's Delivery Market, 3186 "D" Airway Avenue, and Planning staff recommends that total customer seating or standing does not exceed -12; Choon Hak You and Jung Hui You, doing business as Bargain Food Market, 817 West 19th Street; and Nisbet, Inc., doing business as Hickory Farms of Ohio, 3333 Bristol Street, Suite 1001. Tentative Tracts Communications from City of Santa Ana regarding copies Santa Ana of Tentative Tract Nos. 12847 and 11308. Police Communication from Angier R. Angier, Signpac Pacific, 1131 Baker Street, Costa Mesa, commending the Costa Mesa Police Department and suggesting pay scales be comparative with neighboring cities. REJECTED CLAIMS On motion by Council Member Schafer, seconded by Council Kamuran Member Hall, and carried 5-0, the claim from Dogan Kamuran was rejected. Fuller On motion by Council Member Schafer, seconded by Council Member Hall, and carried 5-0, the claim from Louise B. Fuller was rejected. Notice of Completion Installation of Traffic Signals on Victoria Street at Steiny and Company Valley Road, and Replacement of Signal Controllers on Victoria Street and on Red Hill Avenue has been Signal Installation completed to the satisfaction of the Director of Public at Victoria/Valley; Services by.Steiny and Company, 2230 East Orangethorpe Replace Controllers Avenue, Fullerton. On motion by Council Member Schafer, on Victoria and on seconded by Council Member Hall, the work was accepted; Red Hill the Clerk was authorized to file a Notice of Completion; authorization was given to release the retention funds MOTION 35 days after filing the Notice of Completion; the Labor Work Accepted and Material Bond was ordered exonerated 7 months after filing the Notice of Completion; and the Performance Bond was ordered exonerated 12 months after filing the Notice of Completion. The motion carried by the follow- ing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The City Manager recommended approval of an agreement Ralph Anderson with Ralph Anderson & Associates, 1446 Ethan Way, Suite 101, Sacramento, for $9,000.00, for recruitment of a Recruitment for Police Chief. On motion by Council Member Schafer, Police Chief seconded by Council Member Hall, the agreement was approved, and the Mayor and Clerk were authorized to MOTION sign on behalf of the City. The motion carried by the Agreement following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement with The City Manager recommended approval of an agreement Redevelopment with the Costa Mesa Redevelopment Agency for reimburse - Agency ment by the City of $5,000.00, which is a portion of the cost for the downtown parking study. On motion by Downtown Parking Council Member Schafer, seconded by Council Member Hall, Study the agreement was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion MOTION carried by the following roll call vote: Agreement AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Approved Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Council Member Schafer, seconded by Council Advance Member Hall, a Conference Advance for $615.00, for a a police officer to attend a Fingerprint Recognition MOTION Course (Post Plan Course IV) in Sacramento, September 2 Advance 2 to 6, 1986, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Herzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conveyance of Item 5 on the Consent Calendar was presented: Resolution Plusner Street authorizing the conveyance of a portion of Plumer Street to the Costa Mesa Redevelopment Agency. Council Member Wheeler advised that he could not support this resolution because he objects to the incorrect use of the power of eminent domain and because of too much density in an already impacted area. MOTION On motion by Council Member Schafer, seconded by Council Resolution 86-85 Member Hall, Resolution No. 86-85, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST REQUIRES CONVEYANCE OF CERTAIN REAL PROPERTY TO THE 22.�,Q :+ COSTA MESA REDEVELOPMENT AGENCY, AND AUTHORIZING THE CONVEYANCE OF SAID PROPERTY BY THE CITY TO THE AGENCY, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None Ingress/Egress Item 6 on the Consent Calendar was presented: Request Agreements for to rescind the ingress/egrees agreements with Hughes, Commercial et al, 1808 Newport Boiulevard; Robert Ziemer, 1832-1/2 Rehabilitation Newport Boulevard; and Mario Trombellion, 1834 Newport Block Boulevard, owners of property within the Commercial Rehabilitation Block, because of budgetary constraints. MOTION On motion by Council Member Schafer, seconded by Council Agreements Member Wheeler,,approval was given to rescind the agree - Rescinded ments by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:25 p.m., and the meet- ing reconvened at 8:35 p.m. OLD BUSINESS On motion by Council Member Schafer, seconded by Council Regulation of Parks Member Wheeler, Ordinance 86-19, being AN ORDINANCE OF and Athletic Fields THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING THE REGULATION OF PARKS AND ATHLETIC FIELDS MOTION IN THE CITY OF COSTA MESA, was given second reading and Ordinance 86-19 adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WARRANTS On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Wheeler, Warrant Resolution 1329, including Pay - Warrant 1329 roll 8615, was approved by the following roll call vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle,- Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Warrant 1330 Member Schafer, Warrant Resolution 1330 was approved by Approved the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER The Acting City Manager presented a resolution providing REPORTS for salary increases for those Police Department job classifications represented by the Costa Mesa Police Police MOU Association, based on a proposed Memorandum of Under- standing (MOU) between the City and the Police Associa- tion dated July 31, 1986. This resolution provides for an 8.75 percent salary increase; the City paying all of the employees 9 percent cost for the retirement program; an increase in the current medical and dental coverage; and a POST Certification Program in exchange for its current Longevity and Scholastic Program. MOTION Council Member Hall made a motion, seconded by Council Resolution 86-86 Member Schafer, to adopt Resolution 86-86, being A Adopted RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING THE RATES OF PAY FOR CLASSIFICATIONS AND EMPLOYEES PLACED UNDER THE BASIC PAY SCHEDULE. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Sid Soffer stated that the Costa Mesa Police Department should be praised for their conduct in securing passage of Resolution 86-86 without resorting to "blue flu" or other such methods. Sergeant Bechtel, Acting President of the Costa Mesa Police Association, expressed appreciation to the Council for adopting Resolution 86-86. Evaluation of Council Member Hall suggested that the City Manager's City's Salaries office be directed to work out a program with an inde- pendent auditing firm to evaluate all city salaries relative to other comparative cities as well as the balance of Orange County to aid in future salary negotiations. Council Member Wheeler questioned the cost of such an audit and concurred with the idea. Vice Mayor Hornbuckle suggested obtaining the cost for such an audit. MOTION On motion by Council Member Hall, seconded by Council Secure Costs for Member Schafer, and carried 5-0, the Council resolved to Salary Study investigate methods and costs of securing comparative wage studies to aid in future salary negotiations. PUBLIC HEARING The Clerk announced that this was the time and place set Appeal of PA -86-106 for the public hearing for the Appeal of the modifi- Mithoff Builders/ cation set forth by the Planning Commission concerning Conley Planning Action PA -86-106 from Richard Mithoff Builders, 3086 Ceylon Road, Costa Mesa, authorized agent for John Conley, for a variance from rear and side setback requirements, to allow construction of a covered patio at the rear of an existing residence at 117 The Masters circle, in an R1 zone. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications were received. The Public Services Director reviewed the variance and the revised Planning Department memorandum of July 29, 1986. The Director was in favor of approving the vari- ance as detailed in the revised memorandum, and suggested that Mr. Conley work out the details with the Building Department as to the requirements of the Uniform Building Code (UBC). Council Member Hall asked if it were feasible to build the patio cover. The Director responded that it was. John Conley, 117 The Masters Circle, Costa Mesa, explained the need for a patio cover on his property which is on a site adjacent to a golf course. Mayor Hertzog asked if he agreed to abide by the Uniform Building Code restrictions. Mr. Conley stated that the patio cover, which was partially built, would be well - constructed by the builder and affirmed that he would follow the UBC regulations. Council Member Wheeler pointed out that it is not within the Council's juris- diction'to change the UBC restrictions. Mayor Hertzog requested that the Public Services Director contact Mr. Conley and make further clarifications concerning ways in which Mr. Conley can make the improvement and remain within the Code. The Public Services Director stated that it was not within his Department's power to dilute sections of the UBC. MOTION Council Member Hall made a motion, seconded by Council PA -86-106 Member Schafer, and carried 5-0, approving Planning Approved Action PA -86-106, based on the analysis and findings of staff, and subject to all conditions and recommendations of the Planning Commission, with the changes in the findings and conditions so delineated in the corrected memorandum of July 29, 1986. Council Member Wheeler explained for the record that this was only the third Variance he had approved and believed that special circumstances exist due to the proximity of the subject property to the golf course and because of flying golf balls. PUBLIC HEARING The City Clerk announced the public hearing to consider Appeal of PA -86-116 an appeal of the Planning Commission's denial of Plan- Wiese/Selya/ ning Action PA -86-116, from Grant K. Wiese, 2591 Greiwe Bayshore Drive, Newport Beach, authorized agent for Manuel L. Selya, and Mervin and Betty Greiwe, 649 Beach Street, Costa Mesa, for a Conditional Use Permit to construct a 16 -unit motel at 111 and 119 Cecil Place, in a C2 zone. Environmental Determination: Negative Declaration. The Affidavit of Mailing is on file in the Clerk's Office. No communications were received. The Public services Director showed slides of the proposed 16 -unit motel with kitchens. He reported that staff recommended approval of the project; however, the Planning Commission denied the application by a 4-1 vote. The request is to construct a 16 -unit motel -with a manager's office and laundry/recreation room on two adjacent lots which would be combined for the project. The Public Services Director stated that the Council may either concur with staff and approve the project, or uphold the Planning Commission's denial. Attorney Wesley Beverlin, representing Grant Wiese, authorized agent for the builders, showed 13 slides of the site and explained that the motel would be utilized for corporate units so that street exposure would not be necessary to bring in business. He alleged that there was no neighborhood opposition to the motel; the project would benefit the neighborhood; there was a market need for this type of property; and his client had worked closely with the Planning Department to revise the initial objections. Vice Mayor Hornbuckle questioned the placement of a full bath off the recreation room and the possible use of the motel units as substandard apartments. Grant Wiese, authorized agent, discussed the plans and stated that the bath could be eliminated from the recre- ation room. He pointed out that the motel was on two lots, there was attractive landscaping that would bene- fit the neighborhood, that he was known for "putting out a good product", and had won a Golden Nugget award for building similar projects. He stated that the proposed motel would be well-built and tastefully constructed. Wesley Beverlin, attorney for Mr. Wiese, reiterated that the proposed motel would be compatible with the neigh- borhood and aesthetically pleasing. He stated that the motel is compatible with other neighborhood structures. Douglas Yates, 274 Cecil Place, Costa Mesa, stated that he did not believe the proposed motel was an appropriate addition to the neighborhood and he strongly objected to it. He reported that he is a resident of the street where the project is proposed. He said he previously lived for seven years near a motel and called the police many times for disturbances. Jim Aynes, 2811 Loreto Avenue, Costa Mesa, stated that he would support the denial by the Planning Commission. -He commented that the motel would have an adverse affect on the surrounding residential area. Mr. Wiese repeated that he was flexible regarding making any changes to the proposed motel. Dr. Manuel L. Selya, 434 Goldenrod Drive, Costa Mesa, one of the owners of the proposed motel, stated his desire to construct an attractive property and expressed his belief that the project would benefit the surround ing area. Sid Soffer commented on the Environmental Impact Staff Report and the Conditional Use Permit and questioned Mr. Wiese regarding his use of the market study. Mr. Wiese explained his use of the market study. Sid Soffer stated his concern about the motel possibly turning into an apartment unit rented by transients and aliens. Approval of A motion was made by Council Member Hall, seconded PA -86-116 Failed by Council Member Schafer, to approve Planning Action to Carrt PA -86-116, based on the analysis and findings of staff and the additional findings as delineated in the appli- cant's filed form, and the additional comments and find - Ings contained in the records of the Planning Commission meeting of July 14, 1986, and subject to all conditions. Council Member Wheeler stated his vote would be "no" due to the fact that he does not believe the motel is compatible with the surrounding area. Council Member Hall stated that he does not believe the adjacency problem is sufficient to turn down this project. He also pointed out that there is a block wall planned and very attractive landscaping which would eliminate the problem. Vice Mayor Hornbuckle stated that she was voting against the project because she did not believe that this type of motel was appropriate to this area. She also stated there was a danger of conversion to substandard apart- ment units. The motion to approve PA -86-116 failed to carry, 3-2, Council Members Hertzog, Hornbuckle, and Wheeler voting no. MOTION On motion by Council Member Wheeler, seconded by Vice PA -86-116 Mayor Hornbuckle, and carried 3-2, Schafer and Hall Denied voting no, Planning Action PA -86-116 was denied. COUNCILMANIC Council Member Wheeler congratulated Nate Reade on his COMMENTS dedication to community service and his successful tenure before retiring as Executive Director of the Nate Reade Chamber of Commerce. He stated that he had confidence Commended in his successor and anticipated a new era in Chamber governmental relations after the next election. L, 1 Park Facilities Council Member Hall reported that he had the honor of passing to the.Mayor two requests from citizens of the cc mnunity regarding increased park facilities. ADJOURNMENT The Mayor declared the meeting adjourned at 10:35 p.m. Ma or of the City s a Mesa ATTEST: I IJ City Clerk of the City of Costa esa