HomeMy WebLinkAbout02/27/1978 - Adjourned City Council Meeting41 3
ADJOURNED MEETING OF..THE CITY COUNCIL
CITY OF COSTA MESA
February 27, 1978
The City Council.of the City of Costa Mesa met in
adjourned regular session at-5:30.p.m., February 27,
1978, in the Council Chambers of City Hall, 77 Fair
Drive, Costa Mesa, California, said meeting having
been duly and regularly ordered adjourned from the
meeting of February 21, 1978, and a copy of the
Notice of Adjournment having been posted as required
by law.
Roll Call Council Members Present: Hertzog, Hammett, Raciti,
McFarland
Council Members Absent: Smallwood
Officials Present: Assistant City Manager,
City Attorney, Director of
_ Planning, City Clerk
Initiative This' -meeting was called at the -request of the pro -
Measure ponents and opponents of the Initiative Measure to
allow ;them an opportunity to make a report on their
discussions with respect to the development and use
of the property involved. Henry Segerstrom, 3315
Fairview Road, Costa Mesa, was present as a spokesman
for the property owners. Mr. Segerstrom stated that
one item given.high priority in the deliberations
with the homeowners, was development of a plan that
would preserve the integrity of the existing single-
family residences. With this in mind, and because the
homeowners had expressed considerable objection to the
previously planned apartment portion of the develop-
ment, the idea of an office/professional complex was
conceived and agreed upon, rather than straight resi-
dential. It was further agreed that this could
include financial institutions on.a limited basis, as
well as restaurants of the residential/garden type
appearance. Slides were shown depicting the type of
architecture envisioned. Jon Paradis, representing
the homeowners, addressed himself to the conditions
of development which had been agreed upon and had now
been made a part of the Covenants, Conditions, and
Restrictions benefiting the present North Costa Mesa
developments adjacent to the subject property, and
which would extend to the proposed development. A
copy of this document was handed to the City Attorney.
The City Attorney asked Mr. Paradis if he thought the
CC and R's could legally extend to a property not yet
developed. Mr. Paradis responded in the affirmative,
also stating that enforcement of same would be
through the Homeowners Association, not the individual
property owners. In conclusion; Mr. Paradis stated
that the -homeowners had been willing -to consider this
compromise because the result of any litigation which
may be brought after the election was uncertain, and
the very plan they are.now opposing may materialize.
Mr. Paradis hoped the Council would give their
opinions on the presentation made at:.this meeting.
Mike McLaughlin, a.resident of the Greenbrook Tract,
expressed opposition to the new proposals with the
opinion that not all considerations had been ad-
dressed. He particularly referred to the intensity
of the project, as well as the traffic generation.
Attorney Bob Curry, representing Henry Segerstrom,
spoke briefly with regard to the enforceability of
the CC and R's. There being no other speakers, the
City Attorney made his closing remarks. He con-
cluded that the Council could take no action at this
time. Further, that the enforcement of the condi-
tions by the Homeowners Association could be construed
by.a court as an unlawful delegation of authority. In
the earlier stages of this matter,.he.felt the Council
could have acted when their efforts were directed
toward resolving the law suits-being.pursued at that
time. At this point, he felt that any statement of
opinion as to the new -proposals was not advised, and
the Council would be taking a risk in speculating the
vote of a future Council.
Adjournment At 6:15 p.m., there being no furthercomments, the
Mayor thanked those in attendance -for their presenta-
tions; and declared the meeting adjourned.
a r of -the City of s sa
ATTEST:
City Clerk of the City of Cos Mesa.
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