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HomeMy WebLinkAbout12/17/1979 - City Council1 1 Roll Call Mayor Extends Holiday Wishes REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 17; 1979 The City Council of the City of Costa Mesa, met in regular session on December 17, 1979, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Mayor McFarland. Council Members Present: Council Members Absent: Officials Present: McFarland, Schafer, Raciti, Hertzog, Hall None City Manager, City Attorney, Assistant City Manager, Development Services Director, Director of Public Services, City Clerk Mayor McFarland stated that he would take this oppor- tunity to wish all 'a Merry'Christmas. Assemblywoman Assemblywoman Marian Bergeson, 74th District, was Bergeson present and spoke briefly on some of the issues before the Legislature. Mrs. Bergeson also stated that the relationship between herself and the City of Costa Mesa has been excellent. Up With People Mayor McFarland reported that the "Up With People" Program Program, consisting of adults 18 to 24 years of age, would be conducting their musical rehearsals at the Orange County Fairgrounds -from January 11 through 20, 1980,'i.n preparation for their performance during half- time at the Super Bowl football game. The Mayor asked for community support in offering housing for members of the group, including one or two meals per day, and transportation to and from the Fairgrounds. Minutes On motion by Councilwoman Hertzog, seconded by Vice December 3, Mayor Schafer, and carried, the minutes of the special 1979 and regular meetings of December 3, 1979, were approved as distributed and posted as there were no corrections. Ordinances A motion was made by Councilwoman Hertzog, seconded by Mayor McFarland, and carried, to read all ordinances by title only. CONSENT CALENDAR. � On mot ion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, all items in the Consent Calendar were approved in one motion, by the following roll call vote: AYES: Council Members: McFarland, Schafer. NOES: Council Members: ABSENT: Council Members: Raciti, Hertzog, Hall None None Franchise Bond On motion by Vice Mayor Schafer, seconded by Council - for Edison woman Hertzog, Franchise Bond No. 847505 from Seaboard Company Surety Company; for Southern California Edison Company, was accepted as a replacement for Commercial Union Franchise Bond No. CF7103701-89, pursuant to Sections 15-118 through 15-123 of the Costa Mesa Municipal Code, by the following roll call vote: X C ., AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Calling and On motion by Vice Mayor Schafer, seconded by Council - Giving Notice woman Hertzog, Resolution 79-138, being A RESOLUTION OF of Election THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL Resolution 79-138 MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 83, 1980, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Request for On motion by Vice Mayor Schafer, seconded by Council - County Services woman Hertzog, Resolution 79-139, being A RESOLUTION OF for Election THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF Resolution 79-139 ORANGE TO RENDER SPECIFIED SERVICES TO SAID CITY RELAT- ING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8, 1980, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog,.Hall NOES: Council Members: None ABSENT: Council Members: None Regulations for On motion by Vice Mayor Schafer, seconded by Council - Candidates for woman Hertzog, Resolution 79-1405 being A RESOLUTION OF Elective Office THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE, Resolution 79-140 PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 8, 1980, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT.: Council Members: None 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: Jane Jones; Helen Crichton; Attorney Zane D. Watson on behalf of Nancy Sturdy; and Attorney James M. Sunseri on behalf of John Frank Slade. Local Agency Memorandum from the Local Agency Formation Com - Formation mission announcing that a proposed annexation to Commission the Costa Mesa Sanitary District, designated Engineer's No. 193, has been set for hearing on January 9, 1980. Said annexation is for property located in the general area of Sunflower Avenue and Fairview Road. Public Utilities Notice of Filing of Application No. 59296 and Commission Advice Letter No. 1195 with the Public Utilities Commission by Southern California Gas Company, to increase revenues to offset changed gas costs under its purchased gas adjustment procedures, resulting from adjustments in the price of natural gas purchased from Transwestern Pipeline Company and E1 Paso Natural Gas Company. 1 1 Department of Notice from the Department of Industrial Rela- Industrial tions, San Francisco, of proposed changes in the Relations regulations and intent to adopt new regulations. Alcoholic Beverage Alcoholic Beverage License application for which License parking has been approved by the Planning Depart - End - ment from: Jojo's Restaurants, Incorporated, Reading Folder doing business at 1507 South Coast Drive. Business Permit Notice of Intention to Appeal or Solicit for Charitable Purpose from United Cerebral Palsy Association of Orange Cerebral Palsy County, 3020 West Harvard Street, Santa Ana, by pick-up Association of salvageable household goods, was approved for calen- dar year 1980. Set for Public The following items were set for public hearing on the Hearing dates indicated, at 6:30 p.m., in the Council Chambers of City Hall: SP -78-02 January 7, 1980. Consideration of amendments to Specific Plan SP -78-02, to amend development standards and the street improvement provisions included in the implementation. Tow Services January 21, 1980. Certificate of Convenience and Coast Towing Necessity for tow services, for Auto Crash, Incor- porated, doing business as Coast Towing Service, 132 Industrial Way, Costa Mesa. Claims - Denied On motion by:Vice Mayor Schafer, seconded by Councilman Hall, and carried, the claim of Rosemarie Norris was Norris denied. Seehusen On motion by Vice Mayor Schafer, seconded by Councilman Hall, and carried, the claim of Michael Seehusen was denied. McKee/Lindahl On motion by Vice Mayor Schafer, seconded by Councilman Hall, and carried, the claim of Craig McKee and Steven Lindahl was denied. Easement to An easement to Southern California Edison Company for Edison Company undergrounding their facilities in Tract 10278, was presented.. The easement is a strip of land six feet in width, lying in Lot "B" in said tract. On motion by Vice Mayor Schafer, seconded by Councilwoman Hertzog, said easement was approved, and the Mayor and Clerk were authorized to execute an Easement 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 Final Map for Final Map for Tract 10821, Valley Forest Financial Tract 10821 Corporation, developer, 25972 Muirlands Boulevard, Mis- Valley Forest sion Viejo; one lot, 1.15 acres, located at 706 and 712 Financial Victoria Street, for condominium purposes, was presented. Corporation On motion by Vice Mayor Schafer, seconded by Council- woman Hertzog; the map was approved; the Council did also accept on behalf of the public the dedication of Victoria Street and Pomona Avenue for street purposes; did also approve subject map pursuant to the provisions of Section 66436(c)(1) of the Subdivision Map Act; and the Clerk 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 "«b Final Map for Final Map for,Tract 10863, Keith Hosfiel, 1000 Cliff Tract 10863 Drive, Newport Beach, developer; one lot 0.38 -acre, Hosfiel located at 334 Ogle Street, for condominium purposes, was presented. On motion by Vice Mayor Schafer, sec- onded by Councilwoman Hertzog, the map was approved; the Council did also approve subject map pursuant to the provisions of Section 66436(c)(1) of the Subdivision Map Act; and the Clerk 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 1980-81 A.H.F.P. On motion by Vice Mayor Schafer, seconded by Council - Project Submittals woman Hertzog, Resolution 79-141, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resolution 79-141 REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE Superior Avenue ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF SUPERIOR AVENUE, from West 17th Street to the southerly City limits, was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None On motion by Vice Mayor Schafer, seconded by Council - Resolution 79-142 woman Hertzog, Resolution 79-142, being A RESOLUTION OF 19th Street THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY -OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF NINETEENTH STREET, from Park Avenue to Fullerton 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 On motion by Vice Mayor Schafer, seconded by Council - Resolution 79-143 woman Hertzog, Resolution 79-143, being A RESOLUTION OF Del Mar Avenue THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING -THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF DEL MAR AVENUE;'from Newport Boulevard to Santa Ana 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 On motion by Vice Mayor Schafer, seconded by Council - Resolution 79-144 woman Hertzog, Resolution 79-144, being A RESOLUTION OF East 17th Street THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF SEVENTEENTH STREET, from Newport Boulevard to 180 feet easterly of Fullerton Avenue, was adopted by the follow- ing roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None 17th Street Bids received for Construction of the 17th Street Storm Storm Drain Drain - Phase II, Santa Ana Avenue Lateral, from 17th Phase II Street to Ogle Street, are on file in the Clerk's office. On motion by Vice Mayor Schafer, seconded by Awarded Councilwoman Hertzog, the contract was awarded to Westco Westco Construction, Post Office Box 5957, Mission Hills, in 1 1 1 1 the amount of $1573681.00, being the 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 Bid Item 436 Bids received for .Bid Item 4365 Furnishing of Labor and Paint City Material to Paint the City Hall Building at 77 Fair Hall Drive, are on file in the Clerk's office. On motion by Vice Mayor Schafer,.seconded by Councilwoman Hertzog, Awarded the contract was,awarded to -Clark and Johnson, 1634-B Clark and Ohms Way, Costa.Mesa, in the amount of $18,209.00, Johnson being the.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 Budget On motion by Vice Mayor Schafer, seconded by Council - Adjustment woman Hertzog, Budget Adjustment No. 80-24, in the No. 80-24 amount of $800..00, to construct a fence at Pinkley Park, ORDINANCE OF THE CITY was .approved by the following roll call vote: COUNCIL OF THE CITY OF COSTA MESA, ADOPTING THE COUNTY- AYES: Council. Members: McFarland, Schafer WIDE UNIFORM Raciti, Hertzog, Hall WITH REVISIONS, was NOES: Council Members: None given second ABSENT: Council Members: None SCAG-78 A request from the Southern California Association of Growth Forecast Governments (SCAG),for support of the SCAG-78 Growth Policy Forecast Policy, was presented. The City's support AYES: will be utilized,.by SCAG in working with the State McFarland, Schafer, Water Resource's Control Board in establishing a basis for.the funding of waste water facilities in Southern Hertzog, Hall California. On..mot.on by Vice Mayor Schafer, seconded Resolution 79-145 by Cou.ncilwoman..Hertzog, Resolution 79-145, being A Raciti RESOLUTION OF THE CITY_ COUNCIL OF THE CITY OF COSTA ABSENT: MESA, CALIFORNIA, CONCURRING WITH THE SCAG-78 GROWTH None FORECAST POLICY., was adopted by the following roll call vote: AYES: Council Members: McFarland, Schafer Raciti, Hertzog, Hall End- NOES: Council Members: None Consent Calendar ABSENT: Council Members: None Hypnosis. On motion by Councilman Hall, seconded by Vice Mayor Ordinance Schafer, -Ordinance 79-29,.be.ing-AN ORDINANCE OF THE Amendment CITY COUNCIL OF -THE .CITY OF COSTA MESA, CALIFORNIA, AMENDING COSTA MESA:MUNICIPAL-CODE SECTIONS CONCERNING Ordinance 79-29 HYPNOSIS,, was given second.reading and adopted by the Adopted following roll.ca.11 vote: AYES: Council Members: McFarland, Schafer Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Countywide On motion by Vice Mayor Schafer, seconded by Councilman Ambulance Hall, Ordinance 79-30, being AN ORDINANCE OF THE CITY Regulations COUNCIL OF THE CITY OF COSTA MESA, ADOPTING THE COUNTY- WIDE UNIFORM AMBULANCE ORDINANCE WITH REVISIONS, was Ordinance 79-30 given second reading and adopted by the following roll Adopted call vote: . AYES: Council Members:.. McFarland, Schafer, Hertzog, Hall NOES: Council Members: Raciti ABSENT: Council Members: None G and W Towing The Clerk presented a request from Attorney Donald E. Police Rotation Smallwood, for G and W Towing, Incorporated, to be Request placed on the police rotation list. Mr. Smallwood, 2S5 4631 Teller Avenue, Newport Beach, was present and requested that his client be placed on the rotation list pending acquisition of a Certificate of Convenience and Necessity. Pursuant to Ordinance 79-22, all towing services are now required to obtain said Certificate prior to doing business within the City of Costa Mesa. In response to questions from the Council, the City Manager stated that all towing services licensed in the City have been advised of the new ordinance; that after bid specifications have been completed, qualified towing service bidders will be considered for the police rota- tion list. Councilman Hall pointed out that those towing companies, now providing emergency service for the City may be in.violation of the new Ordinance, but sug- gested that the City continue to use these services until a new contract has been awarded. On motion by Councilman Hall, seconded by Vice Mayor Schafer, and carried, the request was, denied, recognizing that some of the present towing operators providing emergency services for the City have not applied for the required Certificate, and may be in violation of Ordinance 79-22. Creative The Clerk presented a request from the Center for Alternatives Creative Alternatives,.132 East 18th Street, Costa Mesa, for revenue sharing funds for their social service youth outreach program. As requested by the Council at their meeting of November 19, 1979, the applicant submitted a report on December 14, 1979, entitled, "Preliminary Evaluation of Youth Outreach Program". Council Members Hertzog and Schafer explained the method used in deter- mining which programs would be funded, looking at the overall needs of the community, and avoiding duplication of services. Councilwoman Hertzog pointed out that 60 percent of the revenue sharing funds were allocated to youth services. Dr. Michael J. Scher, Executive Direc- tor of Creative Alternatives, was present and stated that there were several persons present who wished to speak concerning this item. The following persons con- nected with the Center.spoke in favor of the request: Linda Whipple, Nevah Gregory, Steven Rhodes, and Liz Fisher. Several Costa Mesa students who have partici- pated in'the program were also present and spoke in support of the program. Dr. Scher then summarized the previously mentioned evaluation report, and answered questions from the Council in regard to the Center's budget, personnel, and possible funding from other agencies or service organizations. Vice Mayor Schafer pointed out that the applicant is asking for $17,127.00 and the revenue sharing fund has only a $14,700.00 emergency reserve. A motion was made by Councilman Hall, seconded by Mayor McFarland, to grant $6,000.00 of revenue sharing funds to the Center. Discussion followed in regard to how the funds would be allocated. Thereafter, Councilman Hall amended his motion as fol- lows: direct staff to analyze the monthly requirements of the Center and allocate funds as needed until a maxi- mum of $6,000.00 is exhausted or until such time as the school year ends, or until such time as staff advises the City Council that the funds are ill-used and possi- bly then the offer will be withdrawn. Mayor McFarland seconded the amended motion and further discussion ensued. In response to an.inquiry from Vice Mayor Schafer, the Assistant City Manager and City Manager reported that regular financial and program reports are required by those agencies.receiving Federal revenue sharing funds, and also, that all requirements set by the Federal government must be met, including an audit if requested. The amended motion carried by the follow- ing roll call vote: AYES: Council Members: McFarland, Schafer Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Extension of The Clerk presented'from the meeting of November 19, ZE-76-208A 1979, a request from Leonard Hampel, Rutan and Tucker, Arnel 401 Civic -Center Drive West, Santa Ana, authorized agent for Arnel Development Company, for extension of Zone Exception ZE-76-208A to September 1, 1980. On motion'by Councilman Hall, seconded by Vice Mayor Schafer, and carried, Councilman Raciti voting no, the extension was granted as recommended by the Planning Commission. Warrant On motion by Councilman Hall, seconded by Councilwoman Resolution 1091 Hertzog,'Warrant Resolution 1-091, including Payroll 7925, was approved by the following roll call vote: AYES: Council Members: McFarland, Schafer Raciti, Hertzog, Hall NOES:, Council Members: None ABSENT: Council Members: None Public Nuisance The City Attorney presented a proposed ordinance amending Section 13-387 of the Costa Mesa Municipal Code relating to any public nuisance. On motion by Council- man Hall, seconded by Councilwoman Hertzog, Ordinance Ordinance 79-31 79-31, being AN ORDINANCE OF THE CITY COUNCIL OF THE First Reading CITY OF COSTA MESA, AMENDING PROVISIONS OF COSTA MESA MUNICIPAL CODE SECTION 13=387 RELATING TO PROCEDURES FOR DETERMINING EXISTENCE OF A NUISANCE AND IMPOSING LIENS FOR COSTS OF ABATING SAME, 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 Claim - Gladd The City Attorney presented a claim from Harmon B. J. Construction Gladd Construction Company in'connection with the development of TeWinkle Park, and requested that this item be discussed in Executive Session. The Mayor - responded that'an Executive Session would be held in the first floor Conference Room after the regular business was completed. Termination The City Attorney'presented a Termination Agreement Agreement - between the City of Costa Mesa and IP Farms, Incorpor- IP Farms ated, in connection with Parcel Map No. S-79-380 S-79-380 (formerly Parcel'Map'No.'S-77-08) for property located at 1765 Whittier Avenue. The agreement stipulates can- cellation of a prior agreement between the City and General Crude Oil under Parcel Map No. S-77-08 which is no longer needed under Parcel Map No. S-79-380. The City Attorney further advised that an agreement has been executed between General Crude Oil and IP Farms, Incor- porated,' establishing the'latter's right to enter into the subject Termination Agreement with the City. On motion,by Councilman Raciti, seconded by Mayor McFarland, the 'agreement was approved, and the Mayor and Clerk were authorized to execute said document 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 Totdenbier At the request of -the City Attorney, discussion of the Law Suit. Totdenbier law suit was referred to the Executive Ses- sion which is to be held later in the evening. Purchase of The City Manager presented an agreement between the Costa Mesa City of Costa Mesa and the State of California whereby Golf Course the City will acquire approximately 235 acres of land, known as the Costa Mesa Golf and Country Club, located immediately adjacent to Fairview State Hospital, for open space purposes. The agreement stipulates the following: a payment,by the City of $2,500,000.00, payable at the time of close of escrow, said purchase price representing 50 percent of the fair market value of the property; State will convey said property for open space purposes as defined.in Section 1101.1 of the Government Code of the State of California; an escrow account will be opened by the State and City with Lawyers Title Insurance Corporation, Santa Ana; State will convey said property subject to such title excep- tions as may be acceptable to the City, and in the event the condition of title is not acceptable to.the City, subject, Agreement shall terminate without liabil- ity to either party; normal escrow fees shall be paid equally by the State and City, and title insurance, if requested by,the City,'shall be paid by the City; and as of close of escrow, that certain lease between the parties recorded in Book 7924, Page 340 of the Official Records of the County of Orange, as amended June 12, 1967, and November 17, 1970, shall terminate. On motion by Councilman Hall, seconded by Vice Mayor Schafer, the agreement was approved, the Mayor and Clerk were autho- rized to execute said document on behalf of the City, and the Director of Finance was authorized to draw a warrant in the amount of $2,500,000.00, 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 8:10 p.m., and the meet- ing reconvened at 8:15 p.m. Public Hearing The Clerk announced that this was the time and place set R-79-15 for the public hearing which was continued from the meet- Nordquist/ ing of December,3,,1979, for.Rezone Petition R-79-15, the Episcopal Reverend Conrad'A. Nordquist, 2043 Orange Avenue, Costa Church Mesa, authorized agent for the Bishop of the Protestant Episcopal Church, for permission to rezone property located at the southwest corner of Orange Avenue and Bay Street from R1 to PDR-HD (Planned Development Residen- tial - High Density). Environmental Determination: Negative Declaration.of Environmental Impact for General Plan Amendment GP=79-3A adopted on November 5, 1979. No further communications have been received. At the request of the Mayor, the Development Services Director summarized the request stating that the property is 2.01 acres in size, and.the rezone has been requested in order to construct a new church and permit a 36-unit project for low income senior citizens. He further stated that the property i.s now zoned R1 which is not consistent with the General Plan designation, and the uses now on the property are a church, parking lot, single -family residence, and vacant land. The Planning Commission recommended approval of the rezone for the following reasons: (1) It establishes consistency with the General Plan designation; (2) The property is of sufficient size to be developed as a Planned Develop- ment; (3) Approval of the rezone would enable the development of units for persons with specialized hous- ing housing requirements that would be consistent with Goal No. 2 of the Housing Element of the General Plan; and (4) The initial study conducted and the Negative Declaration for General Plan Amendment GP-79-3A ade- quately considered the various environmental concerns of the rezone. Further, there were two conditions in connection with the Commission's recommendation for approval which were: (1) Second reading and adoption of the ordinance be held until approval of project funding from Housing and Urban Development (HUD), and project is filed with the City; and (2) If funding is not approved nor application made within six months, initiate a rezone to I and R, Institutional and Recrea- tional. The Development Services Director recommended that since HUD funding had not been received by the applicant for this year because of a technicality, that Condition No. 2 be changed to "If funding is not ap- proved nor application made within 18 months, initiate a rezone to I and R, Institutional and Recreational". The Reverend Conrad Nordquist was present to answer questions from the Council and spoke concerning the need for this type of housing in the community. Robert Yoder, 155 Buoy Street, Costa Mesa, spoke in opposition to the rezone stating that although he was not against housing for senior citizens, but that the subject property is in a single-family neighborhood and not an appropriate area for this type of project. He further stated his opinion that the 17.9 -unit per acre density of the proposed units was not accurate because it is based on the entire acreage of the property. Mr. Yoder requested that the rezone request be tabled until the Master Plan is completed. In response to an inquiry from Mr. Yoder, the City's Housing and Community Devel- opment Coordinator reported that funding from HUD is approved for a five-year period with three options to renew for additional five-year periods, thereby"guaran- teeing funding for a total of 20 years. Mr. Yoder also asked about parking requirements, and the Development Services Director reported that requirements vary but this type of project would call for 1.8 spaces per unit. He further stated that.a variance could be ob- tained.to lower the required parking; that variances had been obtained for two other senior citizen housing projects and no problems have been encountered. The Reverend Nordquist added that the church parking lot would also be available for visitors. The following persons spoke in support of the rezone: Gene Adams, Junior Warden of St. John the Divine Church; Ronald Regehr, 20.822 Catamaran Lane, Huntington Beach, Secre- tary of St. John the Divine Development Corporation; and GiGi Nordquist, 974,Modjeska-Circle, Costa Mesa. By a show of hands, it was indicated that the majority of the large group in attendance were in favor of the rezone. In response to another question from Mr. Yoder, the Development Services Director reported that the parking ratio for churches is one space for three seats. There being no other speakers, the Mayor closed the public hearing. During discussion, it was brought out that a Planned Development requires a Conditional Use Permit and will be considered at a public hearing, and therefore, residents in the area will be notified. A motion was made by Councilman Hall, seconded by Vice Ordinance 79-32 Mayor Schafer,. -to give first reading to Ordinance 79-32, First Reading being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 901, NEWPORT MESA TRACT, FROM Rl TO PDR -HD; to holdsecond reading and adoption of the ordinance until approval of project funding.from Housing and Develop- ment (HUD), and project is filed -with the City; and stipulating that if funding is not approved nor appli- cation made within .18 months, the City will initiate a rezone to I and R, Institutional and Recreational. The motion carried by the following,roll call vote: AYES: Council Members: McFarland, Schafer, Raciti, Hertzog, Hall NOES: Council Members: None ABSENT: Council Members: None Historical The Clerk presented a request from the Costa Mesa His- Society torical Society, Post Office Box 1764, Costa Mesa, to waive the $20.00 fee in connection with their use of the Downtown Community Center. Mrs. Joyce Martin, President of the Historical Society, was present and spoke in support of the request. Councilwoman Hertzog expressed her opinion that the waiver of fee should be granted for this group whose work is connected with the history of the City, and suggested that a policy deci- sion be made as to which organizations should or should not be charged for use of City facilities. After brief discussion, a motion was made by Councilman Hall, sec- onded by Mayor McFarland, to deny waiver of the fee. However, Councilman Hall added that the Council Members would pay the $20.00 for the Society, and the donation was given to the,City Clerk to process. The motion to deny.carried, Council Members Hertzog and Raciti voting no. Mayor Leaves Mayor McFarland,left the Council Chambers at this time and was not present.to vote on the next item. Council Review The Clerk presented for Council review, Zone Exception ZE-79-188 ZE-79-188, Marshall A. Mancillas, authorized agent for Tarnutzer Byron M. Tarnutzer, 2915 Red Hill Avenue, Suite F-200, Costa Mesa, for a Conditional Use Permit to amend a Planned Industrial Development to allow the construction of garages over existing open parking spaces, located at the above address, in a PDI zone. Environmental Deter- mination: Exempt., The Development Services Direction advised that the request was compatible with the area and would have no affect on the parking available. The Planning Commission recommended approval subject to the following conditions: (1) Garage doors shall maintain a minimum width of 18 feet and, interior dimension shall be increased to maintain a clear interior dimension of 20 feet by 20 feet for each two-car garage; and (2) Ap- O icant shall record a Notice and'Declaration of Land Use Restri.ction under the direction of the Planning_ Division, limiting the use of the proposed structure to a garage for the.purpose of parking private automobiles and preventing the conversion of said structure to any commercial .or industrial use, and said document shall be filed with the Planning Division prior to the issuance of building permits. On motion by Councilman Hall, seconded by Councilman Raciti, and carried, Mayor McFar- absent, the Zone Exception was approved subject to the conditions recommended by.the Planning Commission. Mayor Returns Mayor McFarland returned to the Council table at this time. HCDA Grant The Clerk presented the annual application for the sixth year Housing and Community Development Act (HCDA) grant, 1980-81. The HCDA coordinator referred to the document entitled, "City of Costa Mesa Proposed Application for HCDA Grant (1980-81)% which was submitted to the'Coun- cil previously and discussed in detail at a Study Session. A motion was made by Councilman Hall, seconded by Councilman Raciti, approving the following programs to be funded under the Federal HCDA for 1980-81: I - Administration, $503000.00; II - Indirect Costs, $10,000.00_; III - Contingency Fund, $10,000.00; IV - Land Acquisition Fund for.Housing, $300,000.00; V (a)-- Neighborhood Recreation Center, Phase IV, $200,000.00; VI,- Neighborhood Strategy Area (NSA) Development, $261,500.00; VII (a) Shelter for Battered Women, $10,000.00; VII (b) Fair Housing Council of Orange County, $3,500.00; and VII (c) Housing Services Program, $5,000.00. The motion carried by the following roll call vote: 1 1 1 2LU, AYES: Council Members: McFarland, Schafer Raciti, Hertzog, Hall NOES:. Council Members: None ABSENT: Council Members: None On motion by Councilman Hall, seconded by Vice Mayor Schafer, Item V (b) - Child Care Center, in the amount of $60,000.00, was approved by the following roll call vote: AYES: Council.Members: McFarland, Schafer Raciti, Hall NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hertzog Oral Mrs. Joyce Martin commended the Mayor on his beautiful Communications invocation which he gave at the opening of the meeting, and wished all a Merry Christmas. Councilmanic The Council Members extended to all their wishes for a Comments.- Merry Christmas and happy holiday season. Adjournment At 9:50 p.m., the Mayor adjourned the meeting to an to Executive Executive Session in the first floor Conference Room Session to discuss pending litigation. No action was taken. Adjournment At 11:00 p.m., the Mayor adjourned the meeting to December 27, 1979, at 3:00 p.m., in the fifth floor Conference Room of City Hall. 'Mzryor of t e City of Costa Mesa ATTEST: City -Clerk of.the City of Costa Me 1