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HomeMy WebLinkAbout05/21/1979 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA May 21,-1979 The City Council of the City of Costa Mesa, California, met in regular session on May 21, 1979, 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 Fl,ag, and Invocation by Charles Roberts, Planning and Development Services Director. Roll Call Council Members Present: McFarland, Schafer, Raciti, Hertzog, Hall Council Members Absent: Officials Present: None City Manager, City Attorney, Planning and Development Services Director, Director of Public Services, Assis- tant Planning Director, Deputy City Clerk Minutes On motion by Vice Mayor Schafer, seconded by Council - May 7, 1979 woman Hertzog, and carried,. the minutes of the regular meeting of May 7, 1979, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Schafer, and carried, to read all ordinances by title only. Proclamation - On motion by Councilwoman Hertzog, seconded by Vice Vietnam Veterans Mayor Schafer, and carried, the Council declared the Week week of May 28 to June 3, 1979, as "Vietnam Veterans Week". CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 10, claim of Linda A. Medved. On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Labor Code A resolution from the City of Garden Grove requesting Amendment an amendment to Section 3202 of the Labor Code relating to industrial injury and disability retirements, was presented. On motion by Vice Mayor Schafer, seconded Resolution 79-57 by Councilwoman Hertzog, Resolution 79-57, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING AN AMENDMENT TO SECTION 3202 OF THE LABOR CODE OF THE STATE OF CALIFORNIA, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 1 1 Reading Folder The following Reading Folder items were received and processed: Claims The following claims were received by the City Clerk and no action was required: Justin C. Clancy; Ruth V. Homan; Robert A. Finfrock; and Attorney Rodney E. Moss, on behalf of Marie D. Landers and Michele A. Weiss, a minor. Billboards A letter from a member of the Planning and Conservation League, urging the City Council to join 140 other cities in California which ban billboards entirely. Gasoline A resolution from the Orange County Board of Shortage Supervisors 'declaring a state of local emergency within the territorial limits of the County of Orange caused by the shortage of gasoline, and requesting:, the Governor to issue the necessary orders and regulations restricting the purchase of gasoline within the territorial limits of the County. Use of Animals A resolution from the City of Anaheim supporting for'Research the ethical use of animals in research for the cure and control of disease. The Costa Mesa City Council adopted Resolution 78-118 on Decem- ber 18, 1978, requesting the County of Orange to discontinue selling or giving away animals for research purposes. Tax Revenues A resolution from the City of Anaheim endorsing to Cities the League of California Cities' policy state - and Counties ment on revenue and taxation and the League's resolution requesting the allocation of existing tax revenue to cities and counties, and opposing the McCarthy/Priolo proposal to eliminate local sales tax and urging all cities in Orange County to oppose said proposal. Assembly Bill A resolution from the City of Anaheim supporting No. 1163 Assembly Bill 1163 which grants a five percent tax credit for qualified investments in dis- tressed areas, and urging all cities in the County of Orange to support this legislation. Sunshine Studio A letter from Alan Lukei, 185 Buoy Street, Costa Mesa, expressing appreciation to the Council Members for their stand against the unlawful entry of the Sunshine Studio into the City of Costa Mesa. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Planning Licenses Department from: Tiny Naylor's, Incorporated, doing business at 3099 South Bristol Street; and End Elizabeth M. and Nick Radogna, doing business at Reading Folder 1500 Adams Avenue, Suite 108. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from High Hopes Neurological Recovery Group, High Hopes Incorporated, 542 West 19th Street, Costa Mesa, by conducting a one -day sale of crafts in front of their premises and also in front of the adjoining business, June 16, 1979, was approved subject to conditions of the Revenue Division. Set for Public The following items were set for public hearing on June Hearing 4, 1979, at 6:30 p.m., in the Council Chambers of City Hall: Landscaping Proposed ordinance amending Title 13 of the Standards Costa Mesa Municipal Code adopting landscaping requirements and standards for all districts, except R1. Environmental Determination: Exempt. Abandonment - Proposed abandonment to adjacent property owners Victoria Street of that portion of Victoria Street and Victoria and Victoria Place which is no longer needed for street Place purposes, located adjacent to 1110, 1118, and 1124 Victoria Street, in an R2 zone. Environ- mental Determination: Exempt. ZE-78-117 Revocation of Zone Exception Permit ZE-78-117, Schwimmer/McVay Harry D. Schwimmer, authorized agent for C. H. McVay, 2210 Lake Park Lane, Newport Beach, for a variance from required on-site parking in con- junction with a dance studio located at 1695 Irvine Avenue, in a C2 zone. Environmental Determination: Exempt. R-79-03 Rezone Petition R-79-03, James W. Ray, autho- Ray/Catholic rized agent for the Roman Catholic Bishop of the Church Diocese of Orange, 440 South Batavia Street, Orange, for permission to rezone property from R1 to PDR -LD (Planned Development -Low Density) located at the southeast corner of Adams Avenue and Placentia Avenue. Environmental Determina- tion: Negative Declaration. Claim - Busch On motion by Vice Mayor Schafer, seconded by Council - Denied woman Hertzog, and carried, the claim of Douglas G. Busch was denied. Claim - Gerner On motion by Vice Mayor Schafer, seconded by Councilwo- Denied man Hertzog, and carried, the claim of George Gerner was denied. Bid Item 423 Bids received for Bid Item 423, Night Viewing Device, Night Viewing are on file in the Clerk's office. On motion by Vice Device Mayor Schafer, seconded by Councilwoman Hertzog, the bid was awarded to Standard Equipment Company, 9240 Awarded North 107th Street, Milwaukee, Wisconsin, in,the amount Standard of $3,550.00, being the lowest bid meeting specifica- Equipment tions, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Bid Item 424 Bids received for Bid Item 424, Four -Door Sedan, are on Four -Door Sedan file in the Clerk's office. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the bid was Awarded awarded to Theodore Robins Ford, 2060 Harbor Boulevard, Theodore Robins Costa Mesa, in the amount of $5,492.64, being the Ford lowest bid meeting specifications, by the following roll call vote AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Sewage Station On motion by Vice Mayor Schafer, seconded by Council - Repair at Police woman Hertzog, an emergency purchase for labor and Department material necessary to replace pumps, valves, and component parts for the sewage station at the Police Department, was approved in the amount of $6,300.00, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None F_� 1 1 1 1 1 Landscape A proposed resolution and City Engineer's report, con - Assessment stituting the second step in a three-step procedure District No. 1 for levying assessments against properties within Tract 9901 Landscaping Assessment District No. 1 for Fiscal Year 1979-1980, was presented. The District was formed in 1978 pursuant to a condition of approval of Tract 9901, located at the southeast corner of Sunflower Avenue and Smalley Road. The purpose of the District is to allow the City to assess property owners for the cost of City maintenance of landscaped areas located within the tract. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the report was Resolution 79-58 accepted and approved, and Resolution 79-58, being A Hearing'Set RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS DURING FISCAL YEAR 1979-1980 WITHIN CITY OF COSTA MESA LANDSCAPING ASSESSMENT DISTRICT NUMBER 1, setting a public hearing on June 4, 1979, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement - Renewal of a traffic signal maintenance contract Signal between the City and Signal Maintenance, Incorporated, Maintenance 2720 East Regal Park Drive, Anaheim, was presented. The contract has requested that in lieu of any in- crease of rates, labor, or equipment costs for the coming year, the equipment painting requirements, which amount to approximately $5,000.00, be deleted. On motion by Vice Mayor Schafer, seconded by'Council- woman Hertzog, renewal of the contract was approved as outlined above, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Prohibition The Traffic Commission has recommended that parking be of Parking on prohibited on the northerly curb of Paularino Avenue Paularino Avenue between Ludington Street and the flood control channel because of high volume of traffic and substantial Resolution 79-59 conflict of movement. On motion by Vice Mayor Scha- fer, seconded by Councilwoman Hertzog, Resolution 79- 59, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF PAULARINO AVENUE, was adopted by the fol- lowing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Prohibition The Traffic Commission has recommended that parking be of Parking on prohibited on both curbs of Paularino Avenue for a Paularino Avenue distance of 300 feet back from Bristol Street to provide a left turn lane and two through lanes. On Resolution 79-60 motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, Resolution 79-60, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF PAULARINO AVENUE, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall_ NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement between the City and Lloyd L. McCollum McCollum and Jacqueline M. McCollum, 2824 Boa Vista Drive, Costa Mesa, for acquisition of 1,305.04 square feet of land for the Paularino Avenue widening, Parcel 6, was ou. `7 Paularino Avenue presented. The agreement stipulates a payment of Widening - $11,255.00 to the McCollums and for escrow to termi- Parcel 6 nate as soon as possible. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the agree- ment was approved, and the Mayor and Deputy Clerk were authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Agreement - An agreement between the City and Mark Hasker Byer, Byer; Strobel M.A.I., 2191 Dupont Drive, Suite 216, Irvine; and Jack R. Strobel, M.A.I., 2780 East Willow Street, Long Appraisals for Beach, for real property appraisal services in con- Baker-Paularino nection with the Baker-Paularino Street Widening Street Widening project, was presented. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, the agree- ment was approved, and the Mayor was authorized to sign on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Grant of Easement A grant of easement from the City to Southern Cali - to Edison Company fornia Edison Company, was presented. The Edison in TeWinkle Park Company is planning to upgrade their electrical facil- ities in a portion of TeWinkle Park adjacent to Ar- lington Drive at no cost to the City. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, a six-foot easement was approved, and the Mayor and Deputy Clerk were authorized to execute a deed on behalf of the City, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Claim - Medved Item 10 on the Consent Calendar, a claim from Linda A. Medved, which was for damages due to a flooding condi- Denied tion, was presented. The claim was recommended for denial based on a report from the City's Engineering Department dated April 24, 1979. Mrs. Frances E. Smith, 320 - 23rd Street, Costa Mesa, representing the claimant, asked if the claim should be directed to the County of Orange or the City of Newport Beach since both entities may be involved in this matter. The City Attorney recommended that because of time limita- tions, a claim should be directed to both public agencies. In response to Mrs. Smith's inquiry as to flooding reoccurring, the Director of Public Services stated he would again contact the County of Orange in regard to this matter and advise Mrs. Smith of the End of outcome. On motion by Councilman Hall, seconded by Consent Calendar Councilman Raciti, and carried, the claim was denied. Power Plant Site The Deputy Clerk presented a proposed resolution expressing concern and conditional opposition to the Held Over selection of the Huntinton Beach site as the location for a new Southern California Edison Company power plant. Councilman Hall stated that he felt there were several additions which should be made to the resolu- tion prior to adoption; and further, that there was more information he would like to have, such as, costs of construction at various sites, and types of trans- mission facilities available. After discussion, a motion was made by Councilman Hall, seconded by Coun- cilwoman Hertzog, and carried, to continue this item to the meeting of June 4, 1979. 1 1 Warrant On motion by Mayor McFarland, seconded by Councilwoman Resolution 1070 Hertzog; Warrant Resolution 1070, including Payroll 7910, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Amici -Briefs Based on the recommendations of the City Attorney, as outlined in his memorandum to the Council dated May 15, 1979, a motion was made by Councilman Raciti, seconded by Vice Mayor Schafer, and carried, autho- rizing the City of Costa Mesa to lend its name to the following briefs: Woodland Hills Residential Asso- ciati-on versus City Council of Los Angeles, campaign contributions to Council Members by developers; Walnut Property, Incorporated, versus Long Beach, zoning regulations for adult uses; and City of Santa Barbara versus Adamson,"number of occupants allowed in a residence in an R1 zone. Mattson versus The City Attorney reported that based on the legal Poling facts involved in Mattson versus Poling and the City of Costa Mesa, the City could file action for malici- ous prosecution. On recommendation from the City Attorney, no action was taken by the Council. Fallon Hearing The City Attorney reported that a hearing was held on May 11, 1979, before the Equal Employment Opportunity Commission (EEOC) regarding the Fallon complaint. Indications were that more information may be re- quested from the City. Fenn - The City Attorney stated that in connection with the Litigation Fenn case, the court has ordered that Mrs. Fenn pay $1,000.00 costs and attorneys fees, as well as all past due business permit fees. The hearing was con- tinued until August 18, 1979. He further reported that the property has been cleared. Sunshine The City Attorney advised that an Order to Show Cause Studio re Contempt was served on the Sunshine Studio on May 21, 1979. Also, a pleading has been received from Mr. Goldberg, attorney representing the studio, to which the City will -respond. Preliminary The City Manager presented the Preliminary 1979-80 1979-80 Budget City Budget in the amount of $24,416,775.00, which is an increase of 8.5 percent over the last fiscal year. Of this total, $19,179,525.00 is for operational costs, and the balance of $5,237,250.00 for capital improvements. The City Manager also reported that.50 percent of the City's goal had been reached in regard to decrease in positions, but before more cutbacks were made, requested Council discussion regarding service levels. Also, he again recommended that a 25 percent cash reserve be retained. On motion by Coun- cilman Raciti, seconded by Mayor McFarland, and carried, this item was referred to a study session on May 29, 1979, at 5:00 p.m., in the fifth floor Con- ference Room of City Hall, and a public discussion set for the meeting of June 4, 1979. HCDA Rehabili- The City Manager presented proposed revisions to the tation Program Housing and Community Development Act (HCDA) Rehabil- Revisions itation Program. Tony Cannariato, HCD Coordinator, summarized the proposed program as detailed in his memorandum to the Council dated May 8, 1979, along with the Preliminary Draft. The staff and HCD Com- mittee are recommending two revisions to the HCDA Rehabilitation Program: (1) a loan program for investor-owned residential structures at below market interest rates; and (2) a residential rebate program. The Preliminary Draft outlines the rehabilitation program as follows: A. Intent of Program, which is, assist property owners in making needed improvements to their residential properties within Costa Mesa; B. Service Areas, in order of priority, (1) Neigh- borhood Strategy Areas, (2) Rehabilitation Improvement Area, and.(3) Citywide Service; C. Types of Assistance: (1) rehabilitation grants, (2) below market interest loans, and (3) re- bates; D. Eligible Improvements. Considerable discussion followed concerning the options available, such as: limiting the program to Neighbor- hood Strategy Areas (NSA) only; priority to NSA and secondary to surrounding area; rent limitations; and time limit for affected property owners to utilize the program. A motion was made by Vice Mayor Schafer, seconded by Councilman Hall, establishing the rehabil- itation loan program with owner -investors within the Neighborhood Strategy Area bounded by 19th Street, Wallace Avenue, Hamilton Street, and Placentia Avenue; that the requirements be that any investor -owner participating, sign an agreement with the City that he will not exceed the fair market rent limits as set forth in the Section 8 Moderate Rehab Program; the time limitation for this program will be for one year with the option of extending same; and re-evaluation by the Council as the program progresses. The motion carried unanimously. On further motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, a residential rebate program ranging from $100.00 to $3,000...00 for owner -occupants only within the Neigh- borhood Strategy Area, was approved. Business Permit The City Manager presented a request from the Greek Orthodox Church of South Orange County, Post Office Greek Orthodox Box 2796, Laguna Beach, to hold a two-day cultural and Church food festival at the Orange County Fairgrounds on June 2 and 3, 1979. On motion.by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and carried, the request was approved. Recess The Mayor declared a recess at 7:50 p.m., and the meeting reconvened at 8:00 p.m. Public Hearing The Deputy Clerk presented from the meeting of April SP -79-01 2, 1979, the public hearing for Specific Plan SP -79- 01, to include additional development standards, land use policies, and public improvement plans governing the future development of the properties in the area bounded by Placentia Avenue, Hamilton Street, Pomona Avenue, and 19th Street, as well as consideration to designate a Redevelopment Survey Area. A communica- tion has been received from Mrs. Frances Macdonald, 1768 Kenwood Place, Costa Mesa, requesting that further upgrading of the area be delayed until present renovation in her neighborhood is completed. The Assistant Planning Director gave a slide presentation of the entire area which included both blighted properties and newer construction. He also presented a Socio -Economic Chart, comparing the subject area with the other sections of the City which shows that the area involved has: lowest income, most families below poverty level, high unemployment, lowest median rent rates, lowest -median value of owner -occupied units, above average in residency less than one year, above average in overcrowded units, second highest lacking some or all plumbing, third highest in resi- dents over 61 years of age, and highest in female heads of households. A second chart which was pre- pared by the Planning staff was presented, entitled: Specific Plan - Public Improvements - Redevelopment - Family Housing Decisions. This chart contains options for the Council to consider in implementing the vari- ous incentives, improvements, and funding for same, as well as the recommendations of the staff and Planning Commission. Tony Cannariato, Housing and Community Development Coordinator, stated that staff took a survey of the subject area with encouraging responses. Forty percent of the 126 surveys mailed were returned, with 66 percent indicating approval of neighborhood improvement, 55 percent interested in taking advantage of loans available, and 75 percent in favor of public improvements. The Housing and Community Development Committtee has recommended that Federal funds be used for public improvements. Discussion followed concern- ing R1 zoning, nonconforming structures, the develop- ment of Palace and Sterling Avenues as 30 -foot alleys, and funding for public improvements. Jerre Vande- walle, 2810 San Juan Lane, Costa Mesa, former Chairman of the HCD Committee, spoke in support of the Specific Plan, stating that he felt this was an opportunity for the City to take the lead in adopting a model program. Carlos Young, 918 Center Street, Costa Mesa, Vice President of the Mesa West Homeowners Association, spoke in opposition of the entire 75 -acre site being zoned high density and his concern for lack of parks in the area. Mayor McFarland responded that 45 acres of the subject property is already zoned residential. Joan Margol, 1796 Kinglet Court, Costa Mesa, stated that the goal should be for adequate housing for all segments of the community. Pat Skillman, 546 Hamilton Street, Costa Mesa, spoke in opposition to R4 zoning, and discussed the difficulty of obtaining financing for property fronting on a 30 -foot street. Jackson Voorhies, 2052 Pomona Street, Costa Mesa, owner of a lot at 1926 Wallace Avenue, in the Specific Plan area, presented a copy of a letter to,each of the Council Members and read it in its entirety. In his letter, Mr. Voorhies requested that SP -79-01 be revised to allow the owner -developer to obtain City construction approvals at the same time the City is making the public improvements. Jean Forbath, 2880 Clubhouse Road, Costa Mesa, expressed concern in using HCDA funds for public improvements if there was no guaran- tee that there would be sufficient funding for housing. Pat Skillman spoke again supporting joint ventures and limited partnerships. There being no other speakers, the Mayor closed the public hearing. Council discus- sion followed regarding the options available as outlined in the Decision Chart presented earlier. On R3 Zoning motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, and carried, Council approved the recommenda- tion to accept a rezone petition for R3 zoning after lots have been combined for minimum of 34,000 square feet and a frontage of 120 feet. On motion by Coun- Development cilman Hall, seconded by Councilman Raciti, and car - Standards ried, Development Standards as outlined on Pages 8 and 9 of the Specific Plan, were approved. On motion by Plan Amended Mayor McFarland, seconded by Vice Mayor Schafer, and carried, Paragraph 8, Page 10, of the Specific Plan was amended to show that lots may be combined and .rezone petitions filed prior to the water improvements being made, but building permits would not be issued until after the improvements were completed. On Water motion by Councilman Hall, seconded by Vice Mayor Improvements Schafer, and carried, full upgrade of water facilities Alley Improvements Resolution 79-61 as recommended by the Fire Department, was approved. On motion by Vice Mayor Schafer, seconded by Coun- cilman Hall, and carried, approval was given for the development of Palace and Sterling Avenues as 30 -foot alleys. On motion by Councilman Hall, seconded by Vice Mayor Schafer, the Negative Declaration of Environ- mental Impact was adopted, and Resolution 79-61, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING SPECIFIC PLAN SP -79-01 FOR PROPERTY LOCATED IN THE GENERAL AREA BOUND BY PLACENTIA AVENUE, HAMILTON STREET, POMONA AVENUE, AND NINETEENTH STREET, as amended by the Council, was adopted by the following roll call vote: AYES: Council Members:. McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None HCDA Funding for On motion by Councilman Hall, seconded by Mayor Water Improvements McFarland-, approval was given to utilize $250,000.00 of HCDA funds for water improvements, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Funding for Alley Lengthy discussion followed concerning funding for the Improvements Sterling Avenue and Palace Avenue alley improvements, after which a motion was made by Councilman Hall, Held Over seconded by Vice Mayor Schafer, and carried, referring this item to the Study Session of July 9, 1979, and continuing this portion of the public hearing to the meeting of August 20, 1979. On motion by Councilman Funding for Hall, seconded by Vice Mayor Schafer, and carried, a Parkways Council decision was made that parkway landscaping is to be funded by the developer -property owner at the time the property is developed, and that no City funds are to be expended for this purpose. On motion by Funding for Councilman Hall, seconded by Vice Mayor Schafer, and Sidewalks carried, funding for installation of sidewalks in the subject area was also referred to the Study Session of Held Over July 9, 1979, and this portion of the public hearing continued to the meeting of August 20, 1979. On motion by Vice Mayor Schafer, seconded by Councilman Utilities Deleted Hall, and carried, underground utilities or relocation from Plan of poles on Sterling and Palace Avenues was deleted from the Specific Plan. Based on the finding that the subject area requires study to determine if a redevel- opment project is feasible, a motion was made by Vice Mayor Schafer, seconded by Councilman Hall, adopting Resolution 79-62 Resolution 79-62, which is A RESOLUTION OF THE CITY Survey Area COUNCIL OF THE CITY OF COSTA MESA, DESIGNATING A Designated SURVEY AREA PURSUANT TO SECTIONS 33310 THROUGH 33312 OF THE CALIFORNIA HEALTH AND SAFETY CODE, by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Recess The Mayor declared a recess at 10:35 p.m., and the meeting reconvened at 10:45 p.m. Public Hearing The Deputy Clerk announced that this was the time and ZE-79-65 place set for the public hearing for Final Development Segerstrom Plan, designated ZE-79-65, Jot Lloyd, authorized agent for C. J. Segerstrom and Sons, 3315 Fairview Road, Held Over Costa Mesa, for 715,000 square feet of office and commercial development in Blocks "E" and "F" of the Town Center, including two 15 -story office towers, with 11 1 1 a variance from parking standards, located at 655 Anton Boulevard, in a Town Center zone. Environmental Determination: Environmental Impact Report adopted on February 10, 1978. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Planning commission recommended approval based on Sections II and III and subject to Section VII of the Staff Report dated April 23, 1979. The Planning and Development�Services Director sum- marized the application as outlined in the above mentioned Staff Report, and stated that Conditions 4 and 6 had been modified by the Planning Commission at their April 23, 1979, meeting. Greg Butcher, repre- senting C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, spoke in support of the request and answered.questions from the Council concerning com- pletion of the applicant's Traffic Systems Management Program, whether or not an agreement had been made with the adjacent"property owner for a shared private street, and applicant's scheduled meetings with CAL - TRANS, Orange County Transit District, and Federal Aviation Administration.- Vice Mayor Schafer stated that she preferred not voting on this item until after the five -city (Laguna Beach, Newport Beach, Santa Ana, Irvine, and Costa Mesa) Inter -City Liaison Committee meeting on May 22, 1979, which is making a study of the traffic problems in this area, and also would like to delay voting on the project until an agreement was consummated between the applicant and the adjacent property owner. The Director of Public Services advised that the CENTROCCS Study concerning overall South Coast area development plan and intensities in relation to present and proposed transportation systems and transportation/land use issues, should be completed by June 15, 1979. Councilman Hall stated that since the cities of Santa Ana and Irvine are delaying similar projects until after the Inter -City Liaison Committee has completed their study, he felt the City of Costa Mesa should do likewise. Joe Jaconi, Palos Verdes, owner of the property adjacent to the subject property, spoke in support of the request being approved as soon as possible. A motion, was made by Vice Mayor Schafer; seconded by Council- woman Hertzog, to continue this item to the meeting of July 2, 1979. Further discussion followed, after which time a substitute motion was made by Councilman Hall, seconded by Councilwoman Hertzog, and carried, continuing this item to an adjourned meeting to be held on June 28, 1979, at 7:30 p.m., in the Council Chambers of City Hall. Because of the late hour, the following item was heard out of order. Housing at The Deputy Clerk presented a request from Jess F. Fairview State Perez, architect, 850 East Chapman Avenue, Suite A, Hospital Orange, for determination that the proposed employee housing at Fairview State Hospital is an accessory use within the Institutional and Recreational zone; and an incidental use to the existing hospital. A communica- tion has been received from Mrs. Jean Robins, repre- sentative of the Mesa Verde Homeowners' Association, stating her concern with State legislation allowing public housing for the general public at this site unless a General Plan Amendment and rezone are proc- essed. A communication from the Developmental Dis- abilities Board, State of California, was presented during the meeting supporting the request with certain reservations. The Assistant Planning Director stated that the staff recommended that the Planning Commis- sion and City Council declare the concept of employee IM and transitional patient -client housing to be an accessory use in the I and R zone for Fairview State Hospital, however, staff expressed serious reserva- tions about utilizing the I and R Zone/Master Plan approach if there is any possibility of the housing being made available to the general public in the future. Mr. Perez, architect for the project, was present and spoke in support of his request. He also answered questions from the Council stating that the first phase would contain approximately 150 units, that there would be 8.4 units per acre which is well within the PDR -MD zone requirements, and finally, that if it is determined that more phases are not advis- able, the project will be aborted, but indications are that all units will be occupied by employees and clients. Considerable discussion followed during which time Mr. Perez gave a description of the pro- posed housing, including square footage; discussed placement of units on the property, and lapse of time between completion of the first phase and start of Phase 2. Doctor Francis Crinella, Executive Director of Fairview State Hospital, stated that an advisory committee will be formed to report on how needs are being met. Mrs. Ann Woodruff, 1198 Irvine Avenue, Newport Beach, member of the Developmental Disabil- ities Board, spoke in'support of the request with amendments to Assembly Bill 3502 that housing be restricted to specified employees serving clients, and to the clients themselves. Bob Wilson, 3435 Plumeria Place, Costa Mesa, stated that an accessory use is not a main structure; and also spoke in opposition to the portion of Assembly Bill 3502 which permits the housing units to be made available to the general public (individuals employed in Costa Mesa whose incomes -do not exceed 80 percent of the median income for Orange County) if vacancies occur in units which cannot be filled by either employees or transitional patient -clients of the hospital. After further dis- cussion, a motion was made by Mayor McFarland, seconded by Councilman Hall, to approve the request. Councilman Hall asked if the motion will include PDR - MD standards. Further Council discussion followed during which Councilman Hall stated that he would like to see the motion amended to: recognize the project as an accessory use; require the development standards of the PDR -MD zone as far as phasing is concerned; and that a General Plan Amendment to Medium Density Resi- dential be filed by the hospital as soon as possible. The motion was amended by the Mayor as suggested, seconded by Councilman Hall, and carried, Councilman Raciti voting no. Appeal from CHAD The Deputy Clerk presented an appeal from the Orange County Combined Health Agencies Drive (CHAD) of an administrative decision not to allow City employee payroll deductions in connection with a charity drive by this organization. On motion by Councilman Hall, seconded by Mayor McFarland, and carried, Councilwoman Hertzog abstaining, the administrative decision was upheld. Public Hearing The Deputy Clerk announced that this was the time and Amending Vending place set for the public hearing to consider a proposed Machine Ordinance ordinance amending the regulations for vending machines in the public right-of-way. The Affidavit of Publica- tion is on file in the Clerk's office. No communica- tions have been received. There being no speakers, the Mayor closed the public hearing. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, Ordi- Ordinance 79-7 nance 79-7, being AN ORDINANCE OF THE CITY COUNCIL OF First Reading THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER VI OF TITLE 11 OF THE COSTA MESA MUNICIPAL CODE CONCERNING THE REGULATION OF VENDING MACHINES ON THE PUBLIC RIGHT OF WAY, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Adjournment The Mayor adjourned the meeting at 1:40 a.m. Mayor Vf the City of Ofta, iiesa ATTEST: C ty Clerk of t e City of Costa sa 1 .J Jam`