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HomeMy WebLinkAbout04/16/1991 - Adjourned City Council MeetingADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 16, 1991 The City Council of the City of Costa Mesa met in adjourned regular session April 16, 1991, at 6:00 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa: The meeting was duly and regularly ordered adjourned from the regular meeting of April 15, 1991, for the purpose of completing the items on the April 15 Agenda. Copies of the Notice of Adjournment were posted as required by law. The meeting was called to order by the Mayor. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Ed Glasgow Council Members Absent: Officials Present: Council Member Jay Humphrey City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Deputy Clerk Mary Elliott NEW BUSINESS The Deputy Clerk presented the Revised Residential Community Develop- Guidelines for the Community Development Block Grant ment Block Grant Program. Program/Residential Guidelines The City Manager summarized recommendations from the Housing and Community Development staff for revisions to the guidelines for residential rehabilitation loans as reported in his memorandum dated April 5, 1991. Sid Soffer, 900 Arbor Street, Costa Mesa, asked if the monies also went into redevelopment, and he was informed these funds are essentially the sole remaining Federal program with local cities for improving residential and commercial properties of low and moderate income parties. Phil Morello, 592-C Hamilton Street, Costa Mesa, ques- tioned the guidelines for the program, specifically if citizenship was required to receive funds. The Mayor suggested Mr. Morello contact the City Manager for review of HUD guidelines. In response to an inquiry from Mr. Morello, the City Manager stated he would produce a brief report identifying all the homes in the Freedom Homes tract and elsewhere that have been rehabilitated. MOTION On motion by Council Member Buffa, seconded by Vice Guidelines Approved Mayor Genis, and carried 4-0, the revised Residential Guidelines were approved. NEW BUSINESS The Deputy Clerk presented proposed Council Policy No. Council Policy 000-2, 000-2 concerning Commissions and Committees. Commissions and Committees The City Manager summarized the proposed policy which represents a compilation of the refinements that have been periodically adopted, as reported in staff's memorandum of April 9, 1991. Vice Mayor Genis suggested that every year or two, each committee should meet with Council in a Study Session. MOTION Policy Adopted NEW BUSINESS Council Policy 000-8, Legislative Positions On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 4-0, Council Policy No. 000-2 was adopted. The Deputy Clerk presented proposed Council Policy No. 000-8 concerning Legislative Positions. The City Manager summarized staff's report dated April 9, 1991, regarding legislative tracking, analysis, and formulation. Vice Mayor Genis stated that in Item 7, regarding quar- terly activity reports, any correspondence relating to the City's position should be circulated to the Council as soon as possible and also should be a matter of public record. Mayor Hornbuckle suggested an addition to Item 6, stating that Committees and Commissions are encouraged to make recommendations to the Legislative Review Team and the City Council. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the intent and restrictions of the policy. He objected to a Legislative Review Team formulating the City's position. A discussion ensued regarding the authority of Council Members to speak on behalf of the City. MOTION A motion was made by Council Member Buffa, seconded by Policy Adopted Vice Mayor Genis, to adopt Council Policy No. 000-8, with the following amendments: Item 7, all Council Members shall be copied on all position letters; Item 6, Commissions and Committees are prohibited from executing legislative position letters but may make recommenda- tions to the Legislative Review Team or City Council; and add Item 8, The preceding in no way infringes upon the right of Council Members to take individual positions on legislative issues. The motion carried 3-1, Council Member Glasgow voting no. CITY ATTORNEY The City Attorney presented his Report No. 91-16 on the REPORT Application for Leave to Present a Late Claim from Leave to Present Patrick E. Olson, 1132 Victoria Street, Costa Mesa, in a Late Claim, connection with Development Review DR -88-26, for proper - Patrick E. Olson ty at 426 Victoria Street. The City Attorney amended the memorandum from the Risk Manager dated April 9, 1991, paragraph 1 under Discus- sion, to read as follows: On review of the application, I have determined that Mr. Olson's claim does not fall under the excluded categories. Patrick E. Olson, 1132 Victoria Place, Costa Mesa, dis- puted the City Attorney's report and presented his version of the sequence of events and the merits of his claim. He summarized the reasons for the late submittal of the claim. The City Attorney pointed out that there is no claim frcm Mr. Olson on file with the City at this point. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the purpose of the Application for Leave to Present a Late Claim, and spoke on the process of obtaining building MOTION permits. On motion by Vice Mayor Genis, seconded by Granted Additional Council Member Glasgow, and carried 4-0, Mr. Soffer was Time to Speak granted an additional minute to speak. Mr. Soffer suggested there could possibly be a constructive solu- tion to Mr. Olson's dilema other than filing a lawsuit. 1 Council Member Buffa pointed out that according to the Risk Manager's memorandum of April 9, 1991, "Mr. Olson is statutorily barred from pursuing his late claim". The City Attorney stated the recommendation was that the Application to Present a Last Claim is statutorily barred; and if he does not fall within the exemptions, Council would have no authority to grant the Application. Victor Giarratano, 17932 Fernpoint Circle, Huntington Beach, spoke in support of Mr. Olson's application, and stated that the integrity of the City was at risk. Phil Morello, 592-C Hamilton Street, Costa Mesa, stated there was a possibility that Mr. Olson was misinformed by City personnel. The City Attorney reiterated that his office is of the opinion the Application for a Leave to Present a Late Claim is barred by Government Code Section 911.4(b). Motion Failed to A motion was made by Council Member Buffa, seconded by Carry Council Member Glasgow, to accept the Application for Leave to Present a Late Claim from Patrick E. Olson. The motion failed to carry 2-2, Council Members Hornbuckle and Genis voting no. The City Attorney stated that because of the tie vote, the application would be deemed denied. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke on how easy it was to unintentionally mislead people. Council Member Buffa Left Council Member Buffa left the meeting at 7:30 p.m. NEW BUSINESS The Deputy Clerk presented the request from Costa Mesa Downtown Merchants Downtown Merchants Association for financial assistance, Association and temporary relief from banner regulations. The City Manager reviewed his memorandum dated April 12, 1991, and the attached memorandum from the Downtown Merchants Association dated March 28, 1991. He reported that the only organized fund-raising to date is the $50.00 per month contribution from 25 businesses, and an informal effort by each.business to gain the support of four additional businesses, for 125 total businesses. MOTION A motion was made by Council Member Glasgow, seconded Financial Assistance by Mayor Hornbuckle, to contribute a maximum of Approved $12,000.00 to the advertising campaign for the Downtown Merchants on a matching fund basis, for a 12 -month period; based on the finding that it would be a public benefit because road improvements have severely impacted the businesses and the advertising grant will help to mitigate that impact. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hornbuckle, Genis, Glasgow -NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa, Humphrey Vice Mayor Genis stated her support of the motion is based on,unique circumstances caused by governmental entities, and;should.not be considered a precedent for other financing of private„advertising campaigns, and she does not want the taxpayers of - the City.of Costa Mesa to become an adjunct of the private business community, specifically, to not, subsidize.unnecessarily at the expense of the taxpayers and at the expense of City services. The City Manager stated that the temporary relief from banner regulations was for those businesses directly fronting on Newport Boulevard north of 19th Street to the end of the construction, being promotional signs to advise motorists that the businesses are still open. MOTION A motion was made by Vice Mayor Genis, seconded by Banner Relief Council Member Glasgow, to apply the same rules Approved regarding banners to the section of the road which is affected by construction during the time construction is underway, with the banners to be removed as soon as the roadway, Newport Boulevard, is restored. The motion carried 3-0. CITY ATTORNEY The City Attorney presented Orange County Superior Court REPORT Case No. 56-24-88, City of Costa Mesa, et al. vs. County County of Orange of Orange, et al. He recommended the City accept the Lawsuit offer by the Orange County County Counsel office regarding settlement. MOTION On motion by Vice Mayor Genis, seconded by Council Settlement Approved Member Glasgow, and carried 3-0, the settlement was approved as recommended in the City Attorney's confiden- tial memorandum dated April 9, 1991. Request for The City Attorney requested a closed session pursuant Closed Session to Government Code Section 54956.9(a) to discuss Orange County Superior Court Case No. 42-07-28, Ned West vs. City of Costa Mesa, et al. Mayor Hornbuckle announced that closed session will be held following close of regular business. COUNCIL MEMBER Vice Mayor Genis commended residents on the West side, COMMENTS specifically those in the Freedom Homes, on the improved West Side Homes maintenance of their homes and overall improvements in the area. Living Roan Dialogue Mayor Hornbuckle announced that the Living Room Dialogue Program will be held Wednesday, April 17, 1991, and registration is being handled through the City Manager's office. ADJOURNMENT TO At 7:55 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss the Ned West Lawsuit. MEETING RECONVENED Ned West Lawsuit At 8:23 p.m., the Mayor reconvened the adjourned meeting and the City Attorney announced that a motion was made, MOTION/Authorized seconded, and carried 3-0, authorizing the continued Continued Defense defense of former Council Member Dave Wheeler, as of Former Council outlined in the City Attorney's confidential memorandum Member dated April 19, 1991. ADJOURNMENT The Mayor declared the meeting adjourned at 8:25 p.m. 7" d �Jw� Mayor og the City of Costa Mesa ATTEST: ity Clerk of the City of Cost esa 1