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HomeMy WebLinkAbout09/02/1986 - City Council24.8 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 2, 1986 The City Council of the City of Costa Mesa, California, met in regular session September 2, 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 Carl Omaye, Orange Coast Free Methodist Church ROLL CALL Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion by. Council Member Schafer, seconded by Council August 18, 19, Member Wheeler, and carried 5-0, the minutes of the and 25, 1986 regular meeting of August 18, 1986, and the adjourned meetings of August 19 and 25, 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. PROCLAMATION Mayor Hertzog proclaimed the week of September 1 through Union Label Week 6, 1986, as AFL-CIO Union Label Week in the City of Costa Mesa. REPORT Bill Bandaruk, Costa Mesa's representative on the Orange Vector Control County Vector Control District Board, presented his District annual report concerning the District.., Mr. Bandaruk summarized the District's routine inspections of birds, mosquitos, flies, rats, -squirrels, -raccoons, etc. He suggested that the City include,in its Newsletter, information on how citizens can contact Vector Control. Mr. Bandaruk mentioned that he has been on the Vector Control Board for eight years and that he has a 100 percent attendance record. ORAL COMMUNICATIONS Lillian Seaman, Costa Mesa Mobile Estates, 337 West Wilson Street, Space 40, Costa Mesa, reported that at Costa Mesa Mobile the Planning Commission meeting of August 25, 1986, she Estates discovered that mobile home parks have been under the jurisdiction of Housing and Community Development (HCD) since 1981. She questioned the legality of the exist- ing lot lines at the subject park. The City Manager responded that in June of this year, a report from staff stated that the owner of the subject park restored the lot lines as approved in the 19501s, and approval was given by the the State HCD representa- tive. Don Hunter, representative of Golden State Mobilhome Owners League, Incorporated (GSMOL), Post Office Box 876, Garden Grove, mentioned that there is a"bill ready for the Governor's signature which would allow mobile home residents 30 days to examine a lease prior to signing, and would provide for the resident to rescind approval within three days after signing the lease. Mr. Hunter also spoke about two mobile home parks, one in Irvine and one in Anaheim, which are being purchased by the residents. He commented that he had hoped that Costa Mesa Mobile Estates residents would also have the opportunity to purchase the park with assistance from the City. Sid Soffer, 900 Arbor Street, Costa Mesa, was of the opinion that the lot lines should have been recorded, and suggested that the park residents retain an attorney or do their own legal research at the law library. Property Sid Soffer commented on a newspaper article concerning Dedications a lawsuit by Gary Moore against the City involving dedication of land for street widening. CONSENT CALENDAR The following items were removed from the Consent Calendar: Item 2, Reading Folder, Paragraph 4, Bird Problems; Item 3, Set public hearing for Sakioka Property; Item 6, Sale of surplus helicopter; and Item 10, Release remaining retention funds in connec- tion with the 19th Street Widening Project. On motion by Vice Mayor Hornbuckle, seconded by Council Rental Units/ Letter from Marc Smaniotto, 2958 Crofton Street, Owner Occupied Costa Mesa, stating that there are more rental units Units than there are owner occupied units in the City, and that this imbalance reduces the value of his property. Member Wheeler, 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 WRITTEN COMMUNICATIONS On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, Resolution 86-97, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, for Personnel AUTHORIZING RECORDS DESTRUCTION FOR THE PERSONNEL Department DEPARTMENT OF THE CITY OF.COSTA MESA, PURSUANT TO ORDI- NANCE NO. 75-60, was adopted by the following roll call MOTION vote: Resolution 86-97 AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Adopted Schafer, Hall, Wheeler NOES: ODUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Attorney Larry Summers on behalf of Ernest Quiroga; Shirley A. Ccmer; Irene Jeanson; and Shirley Hoff. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Center Club, Incorporated, doing business at 650 Town Center Drive; Royal Order of Moose Lodge No. 1457, doing business at 170 McCormick Avenue; Carrots, Incorporated, doing business as Forty Carrots Restaurant, 3333 Bristol Street, Suite 105; Hea Ri Choi and Kap Sik Choi, doing business as A Superior Sandwich, 1599 Superior Avenue, Suite A-5; Barry Hermanson, Roderick F. MacPherson, Jr., and Richard H. Sandnes, doing business as Kaplan's Deli, 3333 Bristol Street, Suite 101. Rental Units/ Letter from Marc Smaniotto, 2958 Crofton Street, Owner Occupied Costa Mesa, stating that there are more rental units Units than there are owner occupied units in the City, and that this imbalance reduces the value of his property. 250 REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, Application for Leave Brumfield to Present a Late Claim from Evelyn Brumfield was denied. Levens On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Charles P. and Sally S. Levens was rejected. Nelson On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Nancy Nelson was rejected. Petersen On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Peter Petersen was rejected. Smith On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, and carried 5-0, the claim from Julie Ann Smith was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item 731, Sand, Washed Plaster, are on file in the Clerk's office. On motion by Vice Bid Item 731 Mayor Hornbuckle, seconded by Council Member Wheeler, Sand, Washed the contract was awarded to E1 Toro Material Company, Plaster 2950 Airway Avenue, Unit D-3, Costa Messa, for $7,682.70 plus tax. The motion carried by the following roll call MOTION vote: Awarded to AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, El Toro Material Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 732 Bids received for Bid Item 732, Self Contained Breathing Self Contained Apparatus, are on file in the Clerk's office. On motion Breathing by Vice Mayor Hornbuckle, seconded by Council Member Apparatus Wheeler, the contract was awarded to San Diego Fire Equipment Company, Incorporated, 8541 Wellsford Place, MOTION Suite G, Santa Fe Springs, for $7,948.90. The motion Awarded to carried by the following roll call vote: San Diego Fire AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Equipment Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 733 Bids received for Bid Item 733, Drapes for City Hall, Drapes for City are on file in the.Clerk's office. On motion by Vice Hall Mayor Hornbuckle, seconded by Council Member Wheeler, the contract was awarded to Holmes Drapery, 16591 MOTION Milliken Avenue, Suite B, Irvine, for $9,364.88. The Awarded to motion carried by the following roll call vote: Holmes Drapery AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 734 Bids received for Bid Item 734, Cash Receipts Remittance Cash Receipts Control Terminal, are on file in the Clerk's office. On Remittance motion by Vice Mayor Hornbuckle, seconded by Council Control Terminal Member Wheeler, the contract was awarded to NCR Corpora- tion, 13300 Garden Grove Boulevard, Garden Grove, for MOTION $9,933.64. The motion carried by the following roll Awarded to NCR call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 735 Bids received -for Bid Item 735, New Doors for Fire Sta- New Doors for Fire tion No. 1, are on file in the Clerk's office. On Station No. 1 motion by Vice Mayor Hornbuckle, seconded by Council I�] 51 Member Wheeler, the contract was awarded to Barr MOTION Commercial Door of Orange County, Incorporated, 155 Awarded to Barr East Liberty Avenue, Unit F, Anaheim, for $6,598.00. Commercial Door 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 - Agreement/Moble, The Director of Public Services requested approval of Grover and an agreement with Mohle, Grover and Associates, 901 Associates East Imperial Highway, Suite A, La Habra, for $7,000.00, to provide a feasibility study and perform preliminary Study and Engineer- engineering services for two-way operation of the ing for Newport westerly Newport Frontage Road between Arlington Drive Frontage Road and Bristol Street. On motion by Vice Mayor Hornbuckle, seconded by Council Member Wheeler, the agreement was MOTION approved, and the Mayor and Clerk were authorized to Agreement sign on behalf of .the City. The motion carried by the Approved following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Amended Agreement Staff recommended approval of the first amendment to the with Orange County Health Services Agreement with the County of Orange, for County enforcement of City health and sanitation ordi-' Health Services nances. The amendment extends the tern of the agreement to June 30, 1991, and provides for other minor changes. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Amended Agreement Member Wheeler, the amendment to the agreement was Approved 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: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Compensation At the meeting of June 2, 1986, Council directed staff for Traffic to prepare a resolution providing for $30.00 per meet - Commissioners ing compensation for Traffic Commissioners with a maxi- mum of $60.00 per month, and no pay for missed meetings. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Resolution.86-98 Member Wheeler, Resolution 86-98, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING THE SALARIES OF THE TRAFFIC COMMISSIONERS AND PROVIDING FOR CERTAIN ALLOWANCES AND LIMITATIONS IN CONNECTION WITH THEIR COMPENSATION, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Changes to The City Manager recommended changes to the Personnel Personnel Rules Rules and Regulations which are a result of the Meet and and Regulations Confer process and a court decision. The changes, as a result of the Meet and Confer process, will add the P.O.S.T. pay specifications to Rule 13, and will delete Section 4 of Rule 5 dealing with amending and revising job classifications. The change to Rule 12, Section F, dealing with vacation, is a result of a Supreme Court decision which says that vacation credits are earned from date of hire and must be paid to an employee upon MOTION termination, regardless of length of service. On motion Resolution 86-99 by Vice Mayor Hornbuckle, seconded by Council Member Adopted Wheeler, Resolution 86-99, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CERTAIN PORTIONS OF THE RULES AND REGULATIONS FOR ADMINISTRATION OF THE PERSONNEL SYSTEM OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Notice of Completion Site Assessment at the City Corporation Yard, 2300 Site Assessment at Placentia Avenue, has been completed to the satisfaction City Corporation of the Director of Public Services by HydroSolutions of Yard California, Incorporated, Post Office Box 11531, Costa Mesa. On motion by Vice Mayor Hornbuckle, seconded by HydroSolutions of Council Member Wheeler, the work was accepted; the California Clerk was authorized to file a Notice of Completion; and authorization was given to release retention funds MOTION 35 days after the Notice of Completion has been filed. Work accepted 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 Reimbursement to The Director of Public Services requested reimbursement Coast Community of $10,992.49 to Coast Community College District, 1370 College District Adams Avenue, Costa Mesa, for out-of-pocket expenses by the District for temporary relocation and reinstallation Upper F03 Stonn of a power cable in connection with construction of the Drain Reach Nos. 1, Upper F03 Stonn Drain Reach Nos. 1, 2, and 3, Paularino 2, 3, Paularino Channel to Merrimac Way. On motion by Vice Mayor Channel to Hornbuckle, seconded by Council Member Wheeler, author - Merrimac Way ization was given to reimburse the College District as requested. The motion carried by the following roll MOTION call vote: Reimbursement AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Authorized Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements for Improvements for Zone Exception ZE-84-195A have been ZE-84-195A/Yildiz completed to the satisfaction of the Director of Public Services by Oyar Yildiz, 27 Sonrisa, Irvine, for prop - MOTION erty located at 2656 Newport Boulevard. On motion by Improvements Vice Mayor Hornbuckle, seconded by Council Member Accepted Wheeler, the work was accepted, and the cash deposit was ordered exonerated. 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 Grant of Easement The Director of Public Services recommended approval of on Del Mar Avenue a Grant of Easement across City -owned property at 108 to Edison Company and 110 Del Mar Avenue to Southern California Edison Company, Real Properties Department, Post Office Box 2217, Fullerton, in connection with Underground Utility District No. 17. The proposed easement is six feet in width and will not decrease the market value of the MOTION property. On motion by Vice Mayor Hornbuckle, seconded Easement by Council Member Wheeler, the Grant of Easement was Approved 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: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None f; X53 Conference, On motion by Vice Mayor Hornbuckle, seconded by Council Advances Member Wheeler, the following Conference Advances were approved by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Advances Schafer, Hall, Wheeler Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference Advance for $474.00, for a police officer to attend a Terrorism Awareness course in San Luis Obispo, October 6 through 10, 1986. Conference Advance for $675.00, for a police officer to attend the Latent Print Technique (Post Plan Course IV) in Sacramento, October 5 through 11, 1986. Problems with Item 2 on the Consent Calendar was presented: Paragraph Wild Birds 4 of the Reading Folder, a letter frau Esther and Paul Bennett, owners of'property at 292-296 - 16th Place, Costa Mesa, concerning Mrs. Fraser, 297-0 Ogle Street, who feeds pigeons twice daily, creating the problem of bird droppings on the Bennett's apartment building, fences, residents' and guests' cars, public sidewalks, and occasionally on residents themselves. Esther Bennett referred to her letter and reported that one of her tenants moved because of the situation. Eugene Wiedland, 287 - 16th Place, Apartment No. 7, Costa Mesa, spoke about the diseases carried by pigeons which can be fatal to humans. Council Member Hall suggested referring this complaint to the City Manager for investigation and recommenda- tion. Mayor Hertzog recommended that staff also contact the Orange County Health Department. Council Member Wheeler remarked that Council cannot legislate where birds leave their droppings. Council Member Hall stated that he believed the City of Long Beach had a problem with wild pigeons and recom- mended that staff contact that City to find out if the problem was resolved. Sid. Soffer, 900 Arbor Street, Costa Mesa, reported that he heard that owls, or reasonable facsimiles, will scare away the pigeons. Set Public Hearing Item 3 on the Consent Calendar was presented: Set the for Sakioka public hearing for Urban Assist, Incorporated, author - Property ized agent for Roy K. Sakioka, Incorporated/Sakioka Farms, Incorporated, for property located south of Sunflower Avenue, east of Sakioka Drive, and west of Main Street and the Costa Mesa Freeway: EIR Environmental Impact Report. GP -86-1D General Plan Amendment GP -86-1D, to change the land use designation from High Density Residential to Urban Center Residential, and to increase the Commercial Center use from 391,000 to 1,438,000 square feet. R-86-02 Rezone Petition R-86-02, to rezone from PDR -HD (Planned Development Residential -High Density) to PDR -UC (Planned Development Residential -Urban Center). MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Hearing Set for Member Hall, and carried 5-0, the aforementioned items October 6, 1986 were set for public hearing on October 6, 1986, at 6:30 p.m., as recommended by staff. Surplus Sale Item 6 on the Consent Calendar was presented: Surplus No. 86-01 Sale No. 86-01, sale of one helicopter, Hughes Model One Helicopter 300C N9279F. Bids received are on file in the office of the Purchasing Agent. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the City solicited bids for the helicopter. The City Manager responded that this item was published in major trade papers. He pointed out that the helicopter is in very good condition; however, it has many hours on it, and would not draw a high price. MOTION On motion by Council Member Hall, seconded by Council Authorized Sale Member Schafer, authorization was given to sell the to Intermountain helicopter to the highest bidder, Mark Malecker, doing Air College business as Intermountain Air College, 787 Shady Lake Drive, Salt Lake City, Utah, for $29,000.00. 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 Release of Item 10 on the Consent Calendar was presented: Request Retention Funds from the Director of Public Services to release the to Nelson and remaining $70,641.41 of the retention funds to Nelson Belding and Belding Construction Ccmpany, 17626 South Broadway, Gardena, in connection with the 19th Street Widening 19th Street Project. All work has been completed per the contract Widening and a Notice of Completion will be scheduled for the meeting of September 15, 1986, attesting to that fact. Dave Slaughter, 2435 Orange Avenue, Unit C-1, Costa Mesa, mentioned that there is a one -inch lift on 19th Street near the Newport.Boulevard right-of-way. He asked if that portion of the street is included in the subject contract. The Director of Public Services responded that the area referred to by Mr. Slaughter is not part of the Nelson and Belding contract. He reported that the 19th Street/ Newport Boulevard section would be done at a later date. MOTION On motion by Vice Mayor Hornbuckle, seconded by Council Release Member Schafer, authorization was given to release the Authorized remaining retention funds. 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 OLD BUSINESS The Clerk presented from the meeting of July 21, 1986, Grading and Ordinance 86-18, being AN ORDINANCE OF THE CITY COUNCIL Drainage Permits OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING REQUIREMENTS AND CRITERIA FOR GRADING AND DRAINAGE PER- MITS. In a memorandum dated August 27, 1986, staff recommended withdrawing the ordinance. After reviewing the ordi- nance and related regulations, the Building Director determined that the City's adoption of the 1979 Uniform Building Code included the appendix which contains Chapter 70, relating to excavation and grading. 1 255 MOTION On motion by Council Member Hall, seconded by Council Ordinance Member Wheeler,.and carried 5-0, Ordinance 86-18 was Withdrawn withdrawn, and staff was directed to implement the provisions of the Uniform Building Code Chapter 70 through the use of City staff and contract consultant services for both grading plan check and inspection. VPJUTANTS On motion by Vice Mayor Hornbuckle, seconded by Council MOTION Member Wheeler, Warrant Resolution 1332, including Pay - Warrants 1332 and roll 8617, and Warrant Resolution 1333, were approved 1333.Approved - by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY ATTORNEY REPORTS The City Attorney referred to a confidential memorandum from.his office dated August 26, 1986, which details a Madurowicz proposed settlement of the Madurowicz lawsuit, concern - Lawsuit ing property at 1985 Pomona Avenue which is within Assessment District No. 82-1. MOTION On motion by Council Member Hall., seconded by Council Settlement Member Wheeler, the City Attorney was authorized to take Authorized the necessary action to settle the lawsuit as outlined in the aforementioned memorandum. 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 CITY MANAGER REPORTS The City Manager.presented Council Policy 000-7, Procedure for Placement of Items on the City Council Placing Items Agenda. The procedure is detailed in the Manager's on Agenda' memorandum of August 29, 1986. MOTION On motion by Council Member Hall, seconded by Vice Mayor Council Policy Hornbuckle, and carried'5-0, Council Policy 000-7 was 000-7 Adopted adopted. Leave of Absence The City Manager recommended approval of a request from for Police Police Lieutenant Gary Webster for a Leave of Absence Lieutenant for a period of six months. Details of the request are contained in the City Manager's memorandum of August 29, 1986. He pointed out that there are special circum- stances in this case that merit the Council's considera- tion. MOTION On motion by. Council Member Hall, seconded by Council Leave of Absence Member Schafer, and carried 5-0, the Dave of Absence Granted was granted. Special Event The City Manager referenced his memorandum of August 29, Police Services 1986, requesting budget authorization for special event police services. While the number of special events (Pacific Amphitheatre, Lions Club Fish Fry, Christmas season at South Coast Plaza, etc.) has continually increased over the years, the City has not increased the manpower to support these events. With the addition of policing for the Orange County Performing Arts Center, the City Manager was of the opinion that the City can no longer meet the demand for special event policing. The City Manager requested the addition of two Senior Police Officer positions at this time. He recommended that staff analyze the need for two additional, full- time Police Aides at a later date. 2156 Council Member Wheeler mentioned that at the Council meeting of August 18, he opposed free police services for the Performing Arts Center; however, he intended to support the addition of two Senior Police Officer posi- tions because the City needs them. Council Member Schafer stated that police services were approved for the Performing Arts Center so that the City could determine what the situation will be when the Center is in operation, and that the Council may find that additional police officers will not be required. MOTION A motion was made by Council Member Schafer, seconded Authorized Two by Council Member Hall, authorizing the addition of two Additional Police Senior Police Officer positions to the Police Department Positions and Budget for Fiscal year 1986-1987; and authorizing the Preparation of City Manager to prepare a Budget Adjustment to implement Budget Adjustment the Special Events Traffic Management Program. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: ODUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place R-86-09 set for the public hearing for Rezone Petition R-86-09, Tru -Valu Inn/Dady Tru -Valu Inn, Incorporated, 29000 South Western Avenue, San Pedro/Paddock and Flair Architects for Harry Dady, 458 North Citrus Street, Orange, for permission to rezone property at 3597 Harbor Boulevard from MP to CL. Environmental Determination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Development Services Director gave a slide presenta- tion of the proposed development, and reviewed staff's memorandum of August 27, 1986, and the Staff Report. The Planning Commission recommended approval of a rezone from MP to CL. Along with that rezone, the Planning Commission approved Planning Action PA -86-141 to allow a three-story motel with a variance from building height requirements, including a Condition of Approval stipu- lating that the Planning Action for the motel will not become final until the rezone to CL is final. ,f The Planning staff recommended denial of the rezone because the site is surrounded by industrial zones; the motel will receive reduced exposure to commercial traffic, and would not serve the surrounding industrial tenants' purposes; and the site's one -mile distance from the San Diego (405) Freeway will further restrict its visibility from a source where many customers could be attracted. Donald Flair, Paddock and Flair Architects, 17780 Fitch, Suite 280, Irvine, mentioned that the architecture blends in with the surrounding area. He pointed out that the motel is not vacation -oriented and most clients would cone from the commercial and industrial community; therefore, freeway exposure is not necessary for success of the motel. Mr. Flair reported that some rooms have kitchen facilities for extended stays, and conference facilities are available. He mentioned that because of the shape of the lot, it would be difficult to develop the site for industrial use. In response to a question from Council Member Wheeler, James Lu, Paddock and Flair Architects, 29000 South Western Avenue, San Pedro, stated that the signage permitted by City Code is adequate, and sign variances will not be requested because 80 percent of the motel's business would be generated by the surrounding community. Doug Yates, 274 Cecil Place, Costa Mesa, supported the location of the project. Sid Soffer, 900 Arbor Street, Costa Mesa, disagreed with staff's reasons for recommending denial. Mike Korando, 582 Park Drive, Costa Mesa, spoke in support of the rezone. There being no other speakers, the Mayor closed .the public hearing. Council Wheeler opposed the application because he felt that rezoning this one property to CL constituted "spot zoning". Vice Mayor Hornbuckle noted that the parcel is of an unusual shape and the developer indicated that an an industrial project would not be successful at this site. Mayor Hertzog was in favor of the request because the the motel would be an asset for the surrounding tenants and because it would not generate excessive traffic. MOTION On motion by Council Hall, seconded by Council Member Ordinance 86-21 Schafer, the Negative Declaration of Environmental Given First Impact was adopted, and Ordinance 86-21, being AN ORDI- Reading NANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF LOT 1, TRACT 1083, PARCEL 1, FROM MP TO CL, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced the public hearing to consider Appeal of an appeal of the Planning Commission's denial of Zone ZE-81-29A Exception ZE-81-29A from James E. Ballinger, 290 Ballinger/Hi-Dap Princeton Drive, Costa Mesa, authorized agent for Hi -Dap Company, for"an amendment to a Planned Signing Program at 2300 Harbor Boulevard in a C1S zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director summarized the Staff Report, stating that the amendment being requested is to allow two additional wall signs for the existing Lotus Mandarin Cuisine restaurant. The approved signage consists of two wall signs and a ground sign. The tenant now has 91 square feet of legal sign area. The proposed amendment would permit approximately 38 square feet of additional signage for a total of 129 square feet. Staff is of the opinion that approval of the signs .would be a grant of special privilege since the tenant would be permitted to have four wall signs visible from Harbor Boulevard and the adjoining parking lot, versus one wall sign per frontage allowed for the other tenants of the shopping center. Also, approval would promote sign clutter since 8 items of information for the wall signs alone would then exist. Code usually allows no more than seven items of information per busi- ness, per street frontage. Based on this information, staff recommended denial because approval would appear to be a grant of special privilege. When the Planning Commission denied the request, they directed the appli- cant to remove the illegal signs within 30 days. James Ballinger, representing the owners of Harbor Shopping Center and the tenant, submitted photographs of the site and compared the Lotus Restaurant signage to several other signs in the vicinity which he believed were quite large. Mr. Ballinger stated that his inter- pretation of the Sign Ordinance differs from that of staff. Nate Reade, 2285 Cornell Drive, Costa Mesa, reported that the owner of the Lotus Restaurant spent $300,000.00 to start the business and he is losing $15,000.00 per month because the words "The Lotus" do not indicate that the business is a restaurant. Mr. Reade suggested that the City allow the illegal signs to remain for two years. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke twice in support of allowing the illegal signs to remain. James Ballinger spoke again, stating that until the non- conforming signs at the theatre and at the savings and loan sites are removed, they place a contraint on future signs. Council Member Hall asked for clarification of comments made by Mr. Reade and Mr. Ballinger because it was his impression that Mr. Reade's request was for the illegal signs to be removed in two years instead of 30 days, while Mr. Ballinger was requesting something else. Mr. Ballinger responded that he is requesting approval of the additional signage per his interpretation of the Sign Ordinance. George Goka, 1873 Rhodes Drive, Costa Mesa, spoke in support of permitting the illegal signs to remain. There being no other speakers, the Mayor closed the public hearing. In response to a question from Council Member Hall, the Development Services Director stated that from staff's point of view, if the illegal signs are allowed to remain for two years, staff would monitor the situation and have the signs removed when the two years has expired. As to amending the Planned Signing Program, the Director asked what staff is to do when others request changes to their signs. The Director mentioned that the applicant has been given two amendments in the past, and the Planning Commission and staff are of the opinion that no more amendments should be permitted. MOTION A motion was made by Council Member Hall, seconded by ZE-81-29A6 Council Member Schafer, to approve Zone Exception Approved ZE-81-29A6, an amendment to the Planned Signing Program to accommodate the existing signs at the Lotus Restaur- ant, subject to conditions contained in the Staff Report, and based on the findings that there are extenuating circumstances such as distance from the street, the inappropriate advice given to the tenant, and extensive 1 1 modifications made to the building make it impossible for the tenant to improve his signing at the present time . AMENDED MOTION After brief discussion, Council Member Hall amended his Condition Added motion by adding the following Condition of Approval: This modification to the Planned Signing Program for the subject site shall apply only to the Lotus Restaurant under the present ownership; and at such time as the ownership changes, or the use of this particular suite changes, allowed signing will revert back to the previ- ously allowed signage under the Planned Signing Program. The amended motion was seconded by Council Member Schafer, and further discussion ensued. SECOND AMENDED Council Member Hall moved to modify the above condition: MOTION This modification to the Planned Signing Program for the Condition subject site shall apply only as long as the use and the Modified name of the restaurant remains the same; and at such time as the use and the name of the restaurant changes, allowable signing will revert back to the previously allowed signage under the Planned Signing Program. The second amended motion was seconded by Council Member Schafer. Council Member Wheeler stated that the reason the motion is so convoluted is because it is an attempt to circum- vent the Sign Ordinance. He pointed out that the tenant had been given approval for two sign amendments previ- ously, and then he proceeded to add illegal signage. Council Member Wheeler commented that it is not the City's problem to keep someone in business. Vice Mayor Hornbuckle was of the opinion that to approve the request would be a grant of special privilege. Mayor Hertzog commented that the Sign Ordinance was not written in concrete, and that the Council had an obli- gation to support new businesses. The motion by Council Member Hall carried 3-2, Council Members Hornbuckle and Wheeler voting no. RECESS The Mayor declared a recess at 8:55 p.m., and the meet- ing reconvened at 9:05 p.m. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of appeal of the Planning Commission's denial of Planning PA -86-131 Action PA -86-131 from Michael F. Hagen, for a Condi- Hagen tional Use Permit for a granny flat to be constructed over a proposed four -car garage at 337 Costa Mesa Street, in an R1 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. A communication was received from Ruth M. Smith, 335-E Walnut Street, Costa Mesa, in opposition to the request. A communication from William L. St. Clair, 351 Walnut Street, Costa Mesa, supported the application. The Development Services Director reviewed the informa- tion contained in the Staff Report and staff's memoran- dum of August 27, 1986. The Planning Commission and staff reccmmnended that Council uphold the Commission's denial based on the findings in Section VI of the Staff Report. According to information provided by the applicant at the Planning Commission meeting, there are no qualifying tenants (minimum 60 years of age) in mind for which the granny unit would be constructed. Also, the applicant proposes to use much of the garage area for auto related hobbies. A maximum of 700 square feet of garage area may be provided on a single-family lot if the applicant wishes to pursue this option without adding the second unit. Michael Hagen, reported that he researched the law concerning granny flats and it was his interpretation that these units are for R1 zones only and that the City must approve the unit. Mr. Hagen was of the opinion that State law does not require elderly persons to occupy the granny flat; however, he agreed to ccxnply with all 34 Conditions of Approval, one of which man- dates that any tenant of the granny flat must be at least 60 years of age, and that at least one of the two units is owner -occupied. Responding to Council Member Wheeler's inquiries, Mr. Hagen stated that he was referencing Government Code Section 65852.1, and that he needed the large garage for cars and tools. Howard Shelton, 346 East 19th Street, Costa Mesa, whose property is on the opposite side of the alley from the subject site, spoke in opposition to the project. Sid Soffer, 900 Arbor Street, Costa Mesa, interpreted the State law as stating that the City shall permit a second unit that conforms to State statute unless the City adopts an ordinance regulating these additions. Mark Korando, 582 Park Drive, Costa Mesa, was opposed to permitting additional units in the R1 zone. Council Member Wheeler pointed out that the Government Code states that the Council may approve a granny flat; therefore, approval is left to the discretion of the Council. George MacKelvey, 333 Walnut Street, Costa Mesa, men- tioned that many houses in the area received approval for additional units over the garages, then the prop- erty was'sold and the garage was converted to a third unit. Thelma Scooley, 325 Costa Mesa Street, Costa Mesa, asked that the Council -preserve the R1 zoning and expressed her opposition to the proposed project. Michael Hagen spoke again to point out that of the 19 properties in the neighborhood, there are 9 containing two or three units. Referencing State law, Mr. Hagen voiced his opinion that the City could not adopt an ordinance which would totally preclude this type of project. Council Member Hall commented that in many R1 zones, including his own neighborhood, there are several families living in one house, and the problem exists regardless of whether there are one, two, or three units. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke again concerning the Government Code, stating that the law indicates that the City may adopt an ordinance regu- lating the additional unit; however, if an ordinance has not been adopted, the City must follow State law. Council Member Wheeler responded that the City has adopted an ordinance. The City Attorney reported that the City has adopted an ordinance addressing Goverment Code Sections 65852.1 and 65852.2, that it takes precedent over State law, and no further policy decisions by Council are needed. George Goka, 1873 Rhodes Drive, Costa Mesa, spoke in support of the application. There being no other speakers, the Mayor closed the public hearing. Council Member Hall commended .the applicant for his honesty by admitting that his mother would not be occupying the proposed unit. Council Member Wheeler opposed the project because the additional apartment probably would not be used as a granny unit. MOTION A motion was made by Council Member Wheeler, seconded PA -86-131 by Vice Mayor Hornbuckle, upholding the Planning Conn Denied mission's denial of Planning Action PA -86-131 based on the findings contained in the Staff Report. The motion carried 4-1, Council Member Hall voting no. NEW BUSINESS The Clerk presented the Community Park Special Event Policy. The purpose of the policy is to regulate the Community Park use of the City's parks for large, special events which Special Event would limit the use of the park to the the general Policy public and may cause physical damage to the site. The policy provides consistent guidelines to all organi- zations interested in utilizing the City's park facilities. Ron Amburgey, representing the Lions Club, asked if the new policy would have any affect on the Club's use of Lions Park for the annual fish fry. The City Manager responded that it would not. MOTION On motion by Council Member Hall, seconded by -Council Policy Adopted Member Wheeler, and carried 5-0, the Coimnunity.Park Special Event Policy was adopted. COUNCILMANIC A motion was made by Council Member Hall, seconded by COMMENTS Council Member Wheeler, and carried 5-0, directing the Mayor to send a letter to the Costa Mesa Police Depart - MOTION ment personnel, commending them for their restraint and Police Personnel professionalism while assisting the Huntington Beach Cesmnended Police during the Labor Day weekend riot in Huntington Beach. Pay Phones at Council Member Schafer referred to a memorandum concern - Lions Park ing pay telephones at Lions Park. She was advised that Council has already approved installation of the phones. Day Workers On motion by Vice Mayor Hornbuckle, seconded by Council Task Force Member Hall, and carried 5-0, Lydia Rodriguez was Appointment appointed to the Day Workers Task Force. Proposition No. 64 The Mayor announced that the League Of California Cities AIDS Quarantines will be voting on a resolution at its next meeting which opposes Proposition 64 on the November 4, 1986, ballot. MOTION Proposition 64 would declare acquired immune deficiency Proposition syndrome (AIDS) a contagious disease, and allow quaran- No. 64 Opposed tines to be imposed. Vice Mayor Hornbuckle moved to 2 adopt a position opposing Proposition No. 64. The motion was seconded by Council Member Wheeler, and car- ried 5-0. Proposition No. 65 Council Member Hall suggested that the Council go on Toxic Waste and record as opposing Proposition No. 65, requiring the Clean Drinking State to warn people when any chemicals are in drinking Water Act water and allow injunctions and civil penalties against anyone putting chemicals in drinking water. Council Member Hall commented that it was the worst piece of legislation ever written in that it would identify almost -every item in a grocery store as being toxic. A motion was made by Council Member Hall, seconded by Mayor Hertzog, to go on record in opposition to Proposi- tion No. 65. Council Member Wheeler stated that he could not support the motion because he has not had the opportunity to study Proposition No. 65. Vice Mayor Hornbuckle announced that she would abstain from voting because she has not read enough about Proposition No. 65. The motion to oppose Proposition No. 65 failed to carry, Council Members Schafer and Wheeler voting no, and Vice Mayor Hornbuckle abstaining. ADJOURNMENT The Mayor declared the meeting adjourned at 10:25 p.m. Mayor the City of esa ATTEST: 1.4 az y Clerk of the City of Cost Mesa 1