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HomeMy WebLinkAbout08/19/1985 - City Council'3 R ROLL CALL MINUTES August 5, 1985 Speed Limit on Orange Avenue/ Scheduled for October 21, 1985 ORDINANCES ORAL COMMUNICATIONS Application for General Plan Amendment/Nabers Cadillac REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 19, 1985 The City Council of the City of Costa Mesa, California, met in regular session August 19, 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 the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Pastor Jim Johnston, Harbor Fellowship. Council Members Present: Hertzog, Hornbuckle, Schafer, Hall, Wheeler Council Members Absent: None Officials Present: City Manager, City Attorney, Development Services Director, Director of Public Services, City Clerk Mayor Hertzog asked that a change be made in the minutes for August 5, 1985, under Oral Communications. The item concerning reduction of the speed limit on Orange Avenue was scheduled for October 7, 1985; however, that meeting will be canceled and the Mayor asked that the minutes be amended to indicate that this item will be considered at the meeting of October 21, 1985. On motion by Vice Mayor Hornbuckle, seconded by Council Member!Wheeler, and carried 5-0, the minutes of the regular meeting of August 5, 1985, were approved as amended. A motion was made by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, and carried 5-0, to read all ordinances by title only. Carl Burman, 447 Princeton Drive, Costa Mesa, President of CARE (Citizens After Residential Expansion), alleged that too many commercial uses are intruding into the residential areas. Mr. Bureman referred to a proposed General Plan Anendment,request frcm=Nabers Cadillac, for four properties on Princeton -Drive. That request will be discussed under City Manager Reports. Mr. Bureman asked that this application be scheduled as soon as possible, and that the request be denied. Sidewalk Hazel Chalal, 2775 Mesa Verde Drive East, Apartment Maintenance Ind -106, Costa Mesa, 'reported that sidewalks in her area are in need of repair. Roots from the parkway trees have caused the sidewalks to crack and some of the walk- ways are raised several inches. Mayor Hertzog replied that staff would contact her regarding the problem. Sign Permit for Jane McLaughlin, Morningrise Printing, 1525 West Morningrise MacArthur Boulevard, Suite No. 1, Costa Mesa, stated Printing that the City would'not issue a sign permit for her business. Ms. McLaughlin referred to her letter of July 25, 1985, and summarized her values as detailed in that letter and attachments. Her letter indicates that she refuses to voluntarily support any institution that pursues Soviet goals and which operates according to Soviet statutes. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, expressed his opinion that the City should carefully 1 1.9 consider its policies regarding excessive rules and regulations. David Schmaltzer, 33232 Ocean Bright, Dana Point, contended that it is wrong for the City to tell Ms. McLaughlin what to do with her personal property. Council Member Wheeler explained that staff did not refuse to issue a sign permit but that Ms. McLaughlin refused to obtain the permit until certain staff members posted a Performance Bond. Mike Erickson, Costa Mesa, and Dwight Keyes, 15500 Williams Street, Tustin, spoke in support of Ms. McLaughlin's position regarding the permit. CONSENT CALENDAR On motion by Vice Mayor Hornbuckle, seconded by Council Member Schafer, all 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 A request has been received from Coast Yellow Cab Coop- erative, Incorporated, doing business as Orange Coast Taxicab Rates Yellow Cab, 17300 Mt. Herrmann Street, Fountain Valley, for a change in certain taxicab rates. On motion by MOTION Vice Mayor Hornbuckle, seconded by Council Member Referred to the Schafer, and carried 5-0, the request was referred Finance Department to the Finance Department with a report due in 30 days. Records Destruction On motion by Vice Mayor Hornbuckle, seconded by Council for the Fire Member Schafer, Resolution 85-75, being A RESOLUTION OF Department THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE FIRE DEPARTMENT MOTION OF THE CITY OF COSTA MESA, PURSUANT TO ORDINANCE NO. Resolution 85-75 75-60, was adopted by the following roll call vote: Adopted AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Records Destruction On motion by Vice Mayor Hornbuckle, seconded by Council for the City Member Schafer, Resolution 85-76, being A RESOLUTION OF Clerk's Department THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S MOTION DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- Resolution 85-76 NANCE NO. 75-60, was adopted by the following roll call Adopted vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Vice Mayor Hornbuckle, seconded by Council Member Schafer, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Farmers Insurance Group/Heenan Caron; Attorney Murray Palitz on behalf of Michael Johnson, a minor; Ardie L. Beck; William B. Ellwood; and George M. Phelps. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses Domenic Cacio doing business as The Pizza House, 562 West 19th Street; Pacific Orient, Incorporated, doing business as Big Ben's Deli/Cafe, 575 Anton Boulevard; Harbor C. M. Restaurant Corporation, doing business 320 at 2300 Harbor Boulevard, Suite 2; Harry S. Green, Incorporated, doing business at 1701 Golf Course Drive; and William J. B. Roberts, doing business at 2340 Harbor Boulevard. 405 Freeway/ Letter fron Robert C. Olson, 21146 Chesterbrook Lane, Bristol Off -ramp Huntington Beach,,concerning a hazardous traffic intersection at Highway 405 and the Bristol Street off -ramp. Public Notice from the Public Utilities Commission concerning Utilities the application of Paging Network, Incorporated, a Commission Delaware corporation, for a Certificate to construct radio -telephone utility facilities serving the Los Angeles area. REJECTED CLAIMS On motion by Vice Mayor Hornbuckle, seconded by Council Davis Member Schafer, and carried 5-0, the claim from Kirk and Julie Davis was rejected. Doezie On motion by Vice Mayor Hornbuckle, seconded by Council Member Schafer, and 'carried 5-0, the claim from Janine Doezie.was rejected. Brody On motion by Vice Mayor Hornbuckle, seconded by Council Member Schafer, and carried 5-0, the claim from Lillian Brody was rejected. Harris On motion by Vice Mayor Hornbuckle, seconded by Council Member Schafer, and carried 5-0, the claim from Edna and Les Harris was rejected. Bielby On motion by Vice Mayor Hornbuckle, seconded by Council Member Schafer, and carried 5-0, the claim from Mike Bielby was rejected. Koll-Irvine On motion by Vice Mayor Hornbuckle, seconded by Council Member Schafer, and carried 5-0, the claim from Koll- Irvine Community Association, Incorporated, was rejected. ADMINISTRATIVE ACTIONS Bids received for Bid Item 672, Furnishing of Reinforced Concrete Pipe, are on file in the Clerk's office. On Bid Item 672 motion by Vice Mayor,Hornbuckle, seconded by Council Concrete'Pipe Member Schafer, the contract was awarded to American Pacific Concrete Pipe Company, Incorporated, Post Office MOTION Box 1409, Upland, in the amount of $126,194.54. The Awarded to motion carried by the following roll call vote: American Pacific AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Bid Item 673 Bids received for Bid Item 673, Furnishing of Computer Computer Terminals Terminals, are on file in the Clerk's office. On motion by Vice Mayor Hornbuckle, seconded by Council Member MOTION Schafer, the contract was awarded to Microtech Profes- Awarded to sional Systems, 23016-D Del'Lago Drive, Laguna Hills, Microtech in the amount of $16,160.76. 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 Bid Item 674 Bids received for Bid Item 674, Removal of Parkway Trees Parkway Trees and and Removal and Replacement of Adjacent Curb and Gutter Curb, Gutter, and and Sidewalk, are on;file in the Clerk's office. On Sidewalk motion by Vice Mayor Hornbuckle, seconded by Council Member Schafer, the contract was awarded to DeArmond 321 MOTION Construction, 10491 Calabash, Fontana, in an amount not Awarded to to exceed $125,000.00. The motion carried by the fol- DeArmond lowing roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Santa Ana -Delhi Bids received for Construction of the Santa Ana -Delhi Stone Drain Storm Drain from Orange County Facility F01 to Trinity Drive are on file in the Clerk's office. On motion by MOTION Vice Mayor Hornbuckle, seconded by Council Member Awarded to Schafer, the contract was awarded to Mladen Buntich Mladen Buntich Construction Company, 9946 Rancho Caballo Drive, Sunland, in the amount of $388.,118.00. 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 Purchase of Radio Staff has requested authorizationto purchase radio Equipment for equipment for the Police Department's Hughes 500E Police Helicopter Helicopter from sole source vendor, Air Can Systems, Incorporated, 1450 North Fitzgerald Avenue, Rialto, MOTION at a cost of $15,796.82 including tax. On motion by Purchase Approved Vice Mayor Hornbuckle, seconded by Council Member Schafer, the purchase was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Budget Adjustment On motion by Vice Mayor Hornbuckle, seconded by Council 86-04/Design Member Schafer, Budget Adjustment No. 86-04, in the Improvements for amount of $12,000.00, for design improvements at Adams Adams and Placentia and Placentia Avenues, was approved by the following Intersection roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, MOTION Schafer, Hall, Wheeler Adjustment NOES: COUNCIL MEMBERS: None Approved ABSENT: COUNCIL MEMBERS: None Improvements for Improvements for Zone Exception ZE-83-123 have been ZE-83-123/ABOO canpleted to the satisfaction of the Director of Public Construction Services by ABCO Construction Company, 2635 Maricopa Street, Torrance, for property located at 2544 Newport MOTION Boulevard. On motion by Vice Mayor Hornbuckle, seconded Work Accepted by Council Member Schafer, the work was accepted and the bonds were 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 Change Orders 2 The Director of Public Services has requested approval and.6/Psoras of Change Orders No. 2 and No. 6 to the contract with Associates. Psoras and Associates, 150-A Paularino Avenue, Costa Mesa, in connection with construction of Assessment Assessment District District No. 82-2, South Coast Metro Center. The 82-2/South Coast change orders, in the amounts of $3,946.00 and Metro Center $15,666.92, respectively, are required for additional testing and soil observation. On motion by Vice Mayor MOTION Hornbuckle, seconded by Council Member Schafer, the Change Orders change orders were approved by the following roll call Approved vote: I AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Change Orders 23, The Director of Public Services has requested approval 25, and 27/Clarke of Change Orders No. 23, No. 25, and No. 27 to the Contracting contract with Clarke Contracting Corporation, 1218 South Alameda Street, Compton, in connection with construction Assessment District of Assessment District No. 82-2, South Coast Metro 82-2/South Coast Center. The change orders, in the amounts of $4,238.94, Metro Center $2,108,00, and $7,272.74, respectively, are required for additional traffic safety and relocation of sewer later - MOTION als. On motion by Vice Mayor Hornbuckle, seconded by Change Orders Council Member Schafer, the change orders were approved Approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Fixing Tax Rate On motion by Vice Mayor Hornbuckle, seconded by Council for Open Space Member Schafer, Resolution 85-77, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, MOTION FIXING -THE TAX RATE PER CENTUM AND LEVYING A TAX UPON Resolution 85-77 ALL OF THE TAXABLE PROPERTY WITHIN THE CITY OF COSTA Adopted MESA WHICH IS TAXABLE TO MEET THE CITY'S OBLIGATION UNDER THE 1974 OPEN,SPACE BOND ISSUE FOR FISCAL YEAR 1985-86, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS On motion by Council Member Hall, seconded by Council Bluff Top Criteria Member Wheeler, Ordinance 85-23, being AN ORDINANCE OF THE CITY COUNCIL OF'THE CITY OF COSTA MESA, CALIFORNIA, MOTION CONCERNING SETBACKS�FROM BLUFF CRESTS FOR ALL RESIDEN- Ordinance 85-23 TIAL STRUCTURES, was given second reading and adopted Adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler -NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Golf Course Drive The Clerk presented from the meeting of July 15, 1985, Median the following items concerning the Golf Course Drive median: Petition signed by 215 residents in the Golf Course Drive area requesting Council to rescind its previous approval to replace the median; and Agreement with C.D.C. Engineering, Incorporated, to provide plans and specifications to construct a new median on Golf Course Drive. On August 6, 1985, a meeting was held at the Neighbor- hood Community Center to receive further input from residents impacted by Golf Course Drive traffic. Mr. J. L. Fredrick, 2775 Mesa Verde Drive East, Apart- ment S-104, circulator of the petition, gave a lengthy presentation on why the median should not be recon- structed. John Lyons, 1854 Kinglet Court, Costa Mesa, reminded the Council that 10 years ago the City promised to install the median for traffic control and safety. 32.3 Peg Howard, 2721 Starbird Drive, stated that traffic speed has increased since the median has been removed. She requested that the divider be re -installed. Hazel Chalal, 2775 Mesa Verde Drive East, Apartment W-106, opposed construction of a median and suggested that either a traffic signal be installed or a cul de sac constructed at Tanager and Golf Course Drives. Loren Wall, 2706 Starbird Drive, reported that most of the homeowners and apartment residents with whom he spoke preferred having the median re -installed. Mr. Wall also mentioned the promise the Council made 10 years ago that there would be a median on Golf Course Drive. Jean Mowery, 1845 Kinglet Court, spoke in support of the median being constructed and also supported the installation of landscaping in the median. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that staff should be making the decision regarding the median, not the citizens. MOTION A motion was made by Council Member Hall, seconded by Construction of Council Member Schafer, and carried 5-0, authorizing Median Authorized construction of a fully landscaped six-foot median adequately designed to accomodate the widest emergency vehicle. Council.Member Wheeler expressed his support of the motion since it is similar to one he made several months ago. MOTION On motion by Council Member Hall, seconded by Council Agreement with Member Wheeler, the agreement with C.D.C. Engineering, C.D.C. Engineering Incorporated, for plans and specifications to construct Approved the new median, 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: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES:, COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 8:00 p.m., and the meet- ing reconvened at 8:10 p.m. Claim from The Clerk presented from the meeting of August 5, 1985, Shelley Hickok the claim from Shelley Hickok. MOTION On motion by Council Member Wheeler, seconded by Council Held Over Member Schafer, and carried 4-0, Council Member Hall absent, the claim from Shelley Hickok was continued to the meeting of September 3, 1985. Council Member Council Member Hall returned to the Council Chambers at Hall Returns this time. City Newsletter The Clerk presented a report concerning a City News- letter. A memorandum dated August 8, 1985, from the Assistant City Manager was discussed at the Council Study Session of August 12, 1985. Enclosed with the memorandum is a proposed Council Policy relating to City Newsletter Guidelines. Vice Mayor Hornbuckle commented that she had initiated the request for a City newsletter because she believes the residents need more information on what is happen- ing in the City. The Vice Mayor also stated that the newsletter should be regulated by the City Manager's office, not by the City Council. 3211 MOTION A motion was made by Vice Mayor Hornbuckle, seconded by Proceed.with Mayor Hertzog, to proceed with a newsletter to contain Newsletter one or two pages. The estimated cost is $5,700.00 for 36,000 copies, plus cost of writing the newsletter. During discussion, Vice Mayor Hornbuckle stated that she preferred a monthly newsletter, but indicated willing- ness to have the letter published no less than four times a year. Council Member Hall suggested that the City Manager initiate the program and recommend.the number of times the newsletter should be published each year. Council Member Wheeler expressed his opposition to the newsletter, preferring town meetings instead. He was also concerned with the cost of publishing the news- letter. Mayor Hertzog recommended that the newsletter program be reviewed in one year in order to determine if the publication is being well received by the public. The City Manager requested that the motion include the stipulation that the funds for the newsletter are to be taken from Council Contingency funds. AMENDED MOTION Vice Mayor Hornbuckle amended her motion by including Newsletter the stipulations that the newsletter shall be published Authorized not less than quarterly, that the program shall be Including Certain reviewed after one year, and that payment for the news - Stipulations letter shall be made fran Council Contingency funds. The amended motion was seconded by Mayor Hertzog, and carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall NOES: COUNCIL MEMBERS: Wheeler ABSENT: COUNCIL MEMBERS: None MOTION Vice Mayor Hornbuckle made a motion, seconded by Mayor Newsletter Hertzog, to implement the Newsletter Guidelines prepared Guidelines by the,City Manager' -s staff. Council Member Wheeler Adopted was of the opinion that the guidelines were not strict enough -and suggested that they be discussed at a Study Session. The motion carried 4-1, Council Member Wheeler voting,no. John Gardner, 2806 Loreto Avenue, Costa Mesa, spoke in favor of the newsletter and suggested that the Council Agenda,be included,,especially items concerning large projects. MOTION On motion by Council Member Wheeler, seconded by Vice Portions of Agenda Mayor Hornbuckle, and carried 5-0, authorization was to be Included in given to include portions of the Agenda in the news - Newsletter letter when feasible. Sid Soffer, 900 Arbor Street,, Costa Mesa, recommended that a news release be distributed to the newspapers since there would be no cost to the City. General Plan Update The Clerk presented from the meeting of July 1, 1985, and Consistency request for a General Plan Update, including a General Study Plan Consistency Study for property bordered by Baker Street, the Corona del Mar Freeway, Fairview Road, and the Orange County Flood Control Channel. The Planning Commission and Planning staff have recom- mended approval of Option No. 2, detailed in staff's 1 125 memorandum of June 26, 1985, initiating the study for property described in the above paragraph. MOTION A motion was made by Council Member Hall, seconded by Consistency Study Council Member Wheeler, and carried 5-0, authorizing Authorized a General Plan Consistency Study in accordance with Option No. 2. Moratorium for A motion was made by Vice Mayor Hornbuckle, seconded by General Plan Council Member Wheeler, to place a one-year moratorium Amendments for General Plan Amendments effective September 1, 1985. The Vice Mayor commented that the moratorium is neces- sary so that staff can devote their time to the General Plan update which Council has requested. During discussion, it was detemined that the moratorium would not apply to any General Plan Amendments for which The filing deadline for October, 1985, General Plan Amendments which do not require an Environmental Impact Report (EIR) was August 14, 1985; however, the author- ized agent for Nabers Cadillac indicated that a staff member had advised him the deadline was August 15, the date on which the application was filed. Staff's memorandum contains three issues for Council consideration: (1) Council must decide whether or not an EIR shall be prepared; (2) decide if staff shall accept the application for the October, 1985, General Plan Amendment schedule since the error may have been due to inaccurate staff information; and (3) decide if this application shall be considered for the fourth unassigned General Plan Amendment date in 1985 if an EIR is required. MOTION A motion was made by Council Member Schafer, seconded by Authorized Vice Mayor Hornbuckle, to require a Negative Declaration Negative of Environmental Impact rather than an EIR. Council Declaration Member Wheeler expressed his opinion that an EIR should applications are now in progress. Council Member Hall expressed his opposition to the moratorium. Council Member Schafer suggested an effective date of October 1, .1985, so that potential applicants would have sufficient notice of the proposed moratorium. The Vice Mayor offered a compromise date of September 13, 1985, and so amended her motion. The amended motion was seconded by MOTION Council Member Wheeler, and Ordinance No. 85-24, being Urgency Ordinance AN URGENCY ORDINANCE OF THE CITY.COUNCIL OF THE CITY OF 85-24 Adopted COSTA MESA, CALIFORNIA, ENACTING A MORATORIUM ON APPLI- CATIONS FOR GENERAL PLAN AMENDMENTS EFFECTIVE SEPTEMBER - 13, 1985, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Wheeler NOES: COUNCIL MEMBERS: Hall ABSENT: COUNCIL MEMBERS: None VuatRANTS On motion by Council Member Wheeler, seconded by Vice Mayor Hornbuckle, Warrant Resolution 1295, including MOTION Payroll 8516, was approved.by the following roll call Warrant 1295 vote: Approved AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Hall, Wheeler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None CITY MANAGER REPORTS The City Manager presented a memorandum from the Devel- ognent Services Director dated August 16, 1985, concern - General Plan ing an application for a General Plan Amendment from Amendment for Nabers Cadillac, 2600 Harbor Boulevard, for four proper- Nabers Cadillac ties located on Princeton Drive at Harbor Boulevard. The filing deadline for October, 1985, General Plan Amendments which do not require an Environmental Impact Report (EIR) was August 14, 1985; however, the author- ized agent for Nabers Cadillac indicated that a staff member had advised him the deadline was August 15, the date on which the application was filed. Staff's memorandum contains three issues for Council consideration: (1) Council must decide whether or not an EIR shall be prepared; (2) decide if staff shall accept the application for the October, 1985, General Plan Amendment schedule since the error may have been due to inaccurate staff information; and (3) decide if this application shall be considered for the fourth unassigned General Plan Amendment date in 1985 if an EIR is required. MOTION A motion was made by Council Member Schafer, seconded by Authorized Vice Mayor Hornbuckle, to require a Negative Declaration Negative of Environmental Impact rather than an EIR. Council Declaration Member Wheeler expressed his opinion that an EIR should 326 be prepared. The motion carried 4-1, Council Member Wheeler voting no. MOTION On motion by Council Member Hall, seconded by Council Application Member Schafer, and carried 4-1, Council Member Wheeler Accepted voting no, the General Plan Amendment application was accepted. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -85-125 appeal of the Planning Commission's Conditions of Navai/Frey Approval for Planning Action PA -85-125 from Mike Navai, 400 East 17th Street, Costa Mesa, authorized agent for Flora Frey, 129 Capital Hill Drive, Paso Robles, for a Conditional Use Pen -nit for outdoor work for installation of car telephones in conjunction with car telephone sales, located at the above address in a Cl 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 referred to staff's memorandum of August 5, 1985, reporting that Mr. Navai is appealing Conditions of Approval requiring that he provide landscaping in the front setback on 17th Street, and landscaped screening of the outdoor work which would include,extending the landscaping on 17th Street around to the first driveway approach on Tustin Avenue. Mr. Navai has indicated that it would be financially difficult for him to fulfill the landscap- ing requirements. , Council Member Hall suggested that Mr.,Navai be allowed to provide potted plants at this time, and after his business has been established, possibly in a year or two, he could provide the required landscaping. Mike Navai was present and spoke in support of his request that Condition No. 6 and Condition No. 12 through No. 17 be deleted because of financial hardship. In response to a question from Council Member Hall, Mr. Navai reported that cost for the landscaping would be from $2,000.00 to $6,000.00, and the cost to install the curb and gutter -would be approximately $8,000.00. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that he did not understand the Staff Report. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Council Member Hall, seconded by PA -85-125 Mayor Hertzog, to approve Planning Action PA -85-125 Approved with modifications: Anend Condition No. 6 to read, "Parking spaces 1, 2, and 3 shall be deleted within 30 days of Council action, and landscaping shall be of a limited and temporary nature to be reviewed in one year for the -potential installation of full landscaping as pro- posed; and Condition No. 12 through No. 17 are to be held in abeyance for one year. Council Member Wheeler opposed the motion stating that shortage of funds is not a good enough reason to exempt Mr. Navai from complying with the Conditions of Approval recommended by the Planning Commission. The applicant requested permission to speak again and the Mayor re -opened the public hearing. 1 327 Mr. Navai ccomented that money is not the issue; it is whether or not the conditions are within the law. Sid Soffer, 900 Arbor Street, Costa Mesa, expressed opposition to the conditions. Mayor Hertzog again closed the public hearing. Council Member Hall's motion to approve the applica- tion carried 4-1, Council Member Wheeler voting no. PUBLIC HEARING The Clerk announced the public hearing to consider an Appeal of PA -85.-129 application from Harwood, Adkinson, and Bernauer, Post Architects Orange/ Office.Box 1907, Newport Beach, authorized agent for Dietze/Hamilton Copper Tree Business Park and Sower Business Plaza, One Brookhollow Drive, Santa Ana, co-owners of property at 151 Kalmus Drive, appealing the Planning Commission's approval of a Conditional Use Pennit for off-site park- ing for Planning Action PA -85=129, Architects Orange/ Jim Dietze, authorized agent for the Hamilton Canpany, 5 Upper Newport Plaza, Newport Beach, for property located at 101 Kalmus Drive in an MP zone. Environ- mental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No camnunications have been received. The Development Services Director reviewed staff's memorandum of August 14, 1985, reporting that the appeal was filed by the adjacent property owner due to concern that the applicant is providing inadequate parking and because of the amount of building coverage proposed for the site. The appellant has quoted the Parking Code as requiring 4 spaces per 1,000 square feet of -gross building area for commercial elements in the PDI zone; however, the property is zoned MP and has a parking requirement of only 3 spaces per 1,000 square feet. Also, the appli- cant has stated that the use is a developer/contractor's office which is a permitted use in the MP zone and does not require any additional parking above the normal industrial parking ratio. In view of this information, the 32 parking spaces proposed by the applicant substan- tially satisfies the 27 -space requirement for this building. John Meindl, representing the appellants, Copper Tree Business Park and Sower Business Plaza, stated that there is no objection to the parking; however, the density of the building is the issue. Mr. Meindl also expressed concerns with the architectural aspect of the building and the possibility of overflow parking caning onto the Copper Tree property. John Fellows, 660 Newport Center Drive, Suite 1400, Newport Beach, representing the applicant, answered questions frau the Council concerning the use of the building. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Hall, seconded by Council PA -85-129 Member Wheeler, and carried 5-0, the Planning Commis - Approved sion's approval of Planning Action PA -85-129 was upheld, subject to conditions contained in the Staff Report. NEW BUSINESS The Clerk presented the Environmental Impact Report and Planning Action PA -85-111, Architects Pacifica, Limited, EIR and.PA--85-111 180 Newport Center Drive,.Newport Beach, authorized Architects agent for South Coast Plaza, 3315 Fairview Road, Costa Pacifica/South Mesa, and Bullock's.Department Store, 800 South Hope Coast Plaza/ Street, Ips Angeles; for an amendment to the South Coast Bullock's Plaza Master Plan and a Conditional Use Permit to exceed allowable building height for a Bullock's Department Store addition containing approximately 90,300 square feet and a two-level parking structure, located at 3333 Bristol Street in a C1S zone. The Development Services Director pointed out that if the Environmental Impact Report (EIR) is acceptable, the Council must certify the report. This information is contained in staff's memorandum of August 12, 1985. The Director summarized staff's memorandum of August 14, 1985. The Planning,Commission reccmended certification of the EIR and approval of Planning Action PA -85-111. The Planning CaTmission deleted Condition No. 36 which required construction of a pedestrian bridge between South Coast Plaza and the new mall. Staff had recom- mended ecdmended against the inclusion of the pedestrian bridge as a part of the Bullock's expansion since future pedes- trian circulation patterns cannot be determined at this time due to the amount of construction that still is to be canpleted in the area. Staff determined that it would be unfortunate to require the bridge at this time and find that its location will not best serve future pedestrian patterns. While responding to questions from the Council, the Director pointed out that one of the key mitigation measures in the EIR for the Bear Street annex for South Coast Plaza required the provision of a pedes- trian bridge between the new mall, South Coast Plaza, and Town Center. Details of this requirement are shown on Page 3, Paragraph 4 of the Staff Report. Council Member Schafer suggested that a Condition of Approval be added, directing staff to review the pedes- trian and traffic circulation at Bear Street one year after the opening of the Bullock's addition. Jack McCarley, Public Affairs Officer for Bullock's, agreed with Council Member Schafer's reccgmnendation and commented that when the Bullock's store is opened and the new mall developed, it would be in the best inter- ests of all concerned.to resolve any traffic problems which may exist. Mr. McCarley mentioned that it may be necessary .to review -traffic circulation prior to one year. Jim LeNeve, architect for the project, explained the possible locations for the pedestrian bridge for South Coast Plaza No. 2. Responding to Mayor-Hertzog's inquiry, Jack McCarley confirmed that if the City found a necessity for a pedestrian bridge, he would support that decision. Vice Mayor Hornbuckle referred to the EIR, bottom of Page 4, and asked how the traffic volume demand on the San Diego and Corona del Mar Freeways can be mitigated since that traffic is expected to be in excess of available capacity. Herman Basmaciyan, Basmaciyan-Darnell, 4262 Campus Drive, Suite B-1, Newport Beach, traffic consultants for the EIR, responded that the statement refers to the overall traffic in the area, that the project will 1. 329 add a minimal amount of traffic, and that the excess capacity is a regional area problem. Mr. Basmaciyan also mentioned that the traffic figures are contained in the Traffic Study. MOTION On motion by Council Member Hall, seconded by Council EIR Certified Member Wheeler, and carried 5-0, the Environmental Impact Report (EIR) was certified as having been can- pleted in compliance with the California Environmental Quality Act (CEQA); and that the EIR was presented to the City Council, and the Council reviewed the informa- tion therein prior to consideration of the associated project. MOTION A motion was made by Council Member Hall, seconded by PA -85-111 Council Member Schafer, approving Planning Action Approved PA -85-111 based on the analysis and findings contained in the Staff Report, subject to all conditions except with Condition No. 36 deleted as reccnmended by the Planning Commission at their meeting of August 12, 1985, and adding a new Condition No. 36, directing staff to review pedestrian and traffic circulation in the area one year after the opening of the Bullock's expansion. Further discussion ensued concerning the area to be reviewed after one year. Council Member Hall amended the last portion of his motion by directing staff to review the pedestrian and traffic circulation, focusing primarily upon those areas between South Coast Plaza No. 1 and No. 2. The amended motion was seconded by Council Member Schafer, and carried 5-0. The Chief Executive Officer of Bullock's stated that he intends to do only that which will enhance the plaza and accommodate the custaners. Outer Continental The Clerk presented a resolution opposing reduction of Shelf the Outer Continental Shelf moratorium and inclusion of tracts off Newport Beach in the Outer Continental Shelf oil and gas leasing program. Council Member Wheeler suggested that the resolution include the entire California coast. Council Member Hall was of the opinion that the coastal cities should pursue this matter. MOTION On motion by Council Member Wheeler, seconded by Council Resolution 85-78 Member Schafer, Resolution 85-78, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, OPPOSING REDUCTION OF THE OUTER CONTINENTAL SHELF MORA- TORIUM AND INCLUSION OF .TRACTS OFF THE CALIFORNIA COAST IN THE OUTER CONTINENTAL SHELF OIL AND GAS LEASING PROGRAM, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hertzog, Hornbuckle, Schafer, Wheeler NOES: COUNCIL MEMBERS: Hall ABSENT: COUNCIL MEMBERS: None Bilingual Council Member Wheeler presented his proposal for addi- Gcnpensation tional canpensation for bilingual Police Department and Fire Department personnel. _ MOTION Staff Directed to Council' Member Wheeler made a motion, seconded by Coun- Investigate Pay cil Member Hall, requesting staff to obtain: --the cost of Increase for maintaining an adequate level of police and fire per - Bilingual sonnel that are bilingual, and to obtain figures that Personnel would reflect the cost to the City for a five,percent increase in pay for bilingual -police officers'-'' fficers and fire- fighters, taking into consideration various levels of police and fire personnel, so that the financial impact 330 can be -determined; and also requesting staff to make a recommendation as to what would be an adequate number of police,officers and firefighters to ensure that one Spanish speaking person is available at all times. Council Member Schafer announced that she will be voting against the motion because she feels strongly that this matter should ccme from the Police Chief and Fire Chief. Council Member Schafer also commented that this matter should be referred to the City Manager so that he can discuss it with the chiefs, and then refer it to the Council. She commented that it is a matter of protocol and that this item should not be considered by the Council at this time. The motion carried 3-2, Council Members Hertzog and Schafer voting no. COUNCILMANIC COMMENTS Council Member Wheeler made a motion requesting the City Attorney to obtain certain information regarding hazard - Hazardous ous materials: Materials (1) Can we expect State legislation that would pre - MOTION empt the City's rights concerning hazardous City Attorney materials; and Directed to Obtain. Certain (2) Investigate the power of the City to require Information people who store hazardous materials to report the storage of those materials to the Fire Departnent so that the information can be entered into_the City's computer system, then, when firefighters respond to the scene of a fire or an emergency, they would immediately know if there were hazardous materials stored there. The motion was seconded by Vice Mayor Hornbuckle, and carried 5-0. Placing Items on Mayor Hertzog made a motion directing that a policy be Council Agenda established stipulating that before an item can be placed on the Agenda by any Council Member, including the Mayor, three members of the Council must agree to its being placed on the Agenda. The motion was seconded by Council Member Hall. Council Member Wheeler strongly opposed the motion, stating that it would set a very dangerous precedent. The motion failed to carry 3-2, Council Members Hornbuckle, Hall, and Wheeler voting no. ADJOURNMENT At 10:55 p.m., the Mayor adjourned the meeting to August 28, 1985, at.7:00 p.m., at Whittier Elementary School, 1800 Whittier Avenue, Costa Mesa, to discuss the Barto/Tarnutzer project at the western terminus of West 18th Street, and she further stated that the August,28 meeting will be adjourned to a closed session on September 3, 1985, at 4:00 p.m., in the fifth floor Conference Roan of City Hall, to discuss personnel matters. 7 Ma or of the Cfty a Mesa ATTEST:-_ AiltyyClerk of the City of Costa sa