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HomeMy WebLinkAbout09/16/1991 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA SEPTEMBER 16, 1991 The City Council of the City of Costa Mesa, California, met in regular session September 16, 1991, 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 the Reverend Denis Lyons, St. John the Baptist Catholic Church. ROLL CALL Council Members Present: Mayor Mary Hornbuckle Vice Mayor Sandra Genis Council Member Peter Buffa Council Member Jay Humphrey Council Member Joe Erickson Council Members Absent: Officials Present: None City Manager Allan Roeder City Attorney Thomas Kathe Deputy City Manager/Develop- ment Services Donald Lamm Public Services Director William Morris City Clerk Eileen Phinney MINUTES On motion by Council Member Buffa, seconded by Council September 3, 1991 Member Humphrey, and carried 5-0, the minutes of the regular meeting of September 3, 1991, were approved'as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Erickson, and carried 5-0, to read all ordinances by title only. ORAL Ernie Feeney, 1154 Dorset Lane, Costa Mesa, stated she COMMUNICATIONS was in receipt of a notice from the City advising that as of September 1, 1991, in addition to providing self- Agenda/Minute addressed stamped envelopes for City Council Agendas and Service Charge Minutes, a fee of $75.00 per year would be initiated. The City Clerk explained the fee is a new service charge initiated to cover a large mailing list. Vice Mayor Genis requested verification of the number of people on the mailing list. Mayor Hornbuckle asked the City Manager to investigate and report to the Council at the October 7, 1991, meeting or earlier, and she requested the charge not be implemented at this time. SOS; West Side Patricia Shuda, 2895 Palau Place, Costa Mesa, reported Problems on the Share Our Selves (SOS) organization's success in their new location. She noted violence problems on the west side and the intention of residents to reinstitute the "Save Our Neighborhood" program. Mayor Hornbuckle asked the City Manager to prepare a memorandum update on gang activity. Gang Activity Janice Davidson, 1982 Arnold Street, Costa Mesa, spoke on gang -related incidents on the west side, stating that this activity should have media coverage. The Mayor requested the City Manager to include in his memorandum on gangs a response to Ms. Davidson's comments. Source Reduction Neal Davison, 225 Costa Mesa Street, Costa Mesa, and Recycling commented on the preliminary draft of the Costa Mesa Element Source Reduction and Recycling Element, stating that the document will limit the number of waste haulers. Baker Street The City Manager responded the document in its final Bicycle Lane form will be brought back to Council in approximately December, 1991, at which time the language will have been revised; and he stated that there is no organized program multi -family dwellings. Mr. Davison, referring -to the elimination of parking on the south side of Baker Street, suggested Logan Avenue as being a suitable alternative for a bicycle lane. The Public Services Director stated this item would be agendized for the October 16, 1991, Transportation Commission meeting, and the October 21, 1991, City Council meeting. City Streets; John Feeney, 1154 Dorset Lane, Costa Mesa, stated that Police Protection the City should concentrate on basic needs such as police protection and fixing potholes on City streets instead of giving money to special interest groups. Soffer Properties Sid Soffer, 900 Arbor Street, Costa Mesa, presented to the City Clerk additional signatures on a petition in support of Mr. Soffer's collection of cars. He stated that he received paperwork today on the July 22, 1991, inspection of the 540 Bernard Street property. Council Member Buffa requested a brief report from the City Attorney regarding the ordinance referred to by Mr. Soffer as enabling the Building Department to vacate buildings before a hearing. CONSENT The following items were removed from the Consent Calen- CALENDAR dar: Item 10, Assignment of Agreement for the Costa Mesa Senior Center; and Item 12, Resolution to appoint representatives to the Independent Cities Risk Management Authority. On motion by Council Member Buffa, seconded by Vice Mayor Genis, the remaining Consent Calendar items were approved in one motion by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None READING FOLDER On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Karen Broomfield; Farrah Sargenti, a minor, by William Sargenti, her Guardian Ad Litem; and Moises Rivera. Alcoholic Alcoholic Beverage License for which parking has been Beverage approved by the Planning staff: Luis A. and Myriam License Martinez, doing business as Picante, 1835 Newport Boulevard, Suite D-155; and Helene Marie T. Briggs, doing business as The Wrapper, 3333 Bristol Street, Suite 3016. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable Carpenter and Purpose was received from Carpenter and Company, Company/Open to Limited, doing business as Open to Recovery, 234 East Recovery 17th Street, No. 200, Costa Mesa, by soliciting funds from September 23, 1991, to September 23, 1992. On MOTION motion by Council Member Buffa, seconded by Vice Permit Approved Mayor Genis, and carried 5-0, the permit was approved with application of Municipal Code Section 9-226. Costa Mesa Senior Notice of Intention to Appeal or Solicit for Charitable Citizens Corporation Purpose was received from Costa Mesa Senior Citizen Corporation, 661 Hamilton Street, Costa Mesa, by 1 39 MOTION soliciting funds from September 16, 1991, to September Permit Approved 16, 1992. On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the permit was approved with application of Municipal Code Section 9-127(d). WARRANTS On motion by Council Member Buffa, seconded by Vice Mayor Genis, Warrant Resolution 1502, including Payroll MOTION 9118, was approved by the following roll call vote: Warrant 1502 AYES: Hornbuckle, Genis, Buffa, Approved Humphrey, Erickson NOES: None ABSENT: None REJECTED CLAIMS On motion by Council Member Buffa, seconded by Vice Mayor Genis, and carried 5-0, the following claims were rejected: Sano Sano Medical Clinic, concerning business interruption loss caused by electrical power outage. Stewart Karen M. Stewart, regarding damage to vehicle caused by construction sign. ADMINISTRATIVE The Final Map was presented for Tract 14431, Vicki Gaon ACTIONS and Bernard Gaon, developers, 2227 South Bristol Street, Santa Ana; three lots, 0.172 -acre, located at 233 Santa Final Map for Isabel Avenue, for condominiums. On motion by Council Tract 14431 Member Buffa, seconded by Vice Mayor Genis, and carried Gaon 5-0, the map was approved pursuant to provisions of Section 66436(a)(3)(A) of the Subdivision Map Act; the MOTION Council did accept on behalf of the City: (1) an ease - Map Approved ment for emergency and security vehicle ingress and egress over Lot "A" as shown on the map; and (2) a 3.00 - foot public utility easements as shown on the map; and the Clerk was authorized to sign on behalf of the City. Budget Adjustment On motion by Council Member Buffa, seconded by Vice 92-07, County Mayor Genis, Budget Adjustment 92-07 for $231,000.00, Jail Booking Fees to provide an adequate appropriation in the Narcotics Asset Forfeiture Fund for County of Orange Jail Booking MOTION Fees, was approved by the following roll call vote: Adjustment Approved AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None Youth Sports The Community Services Director recommended approval of Facilities the recommendation from the Parks, Recreation Facilities and Parkways Commission concerning youth sports facili- MOTION ties. On motion by Council Member Buffa, seconded by Approved Vice Mayor Genis, and carried 5-0, a request to address Recommendation youth recreation facility needs as part of the Parks, Recreation and Open Space Master Plan, was approved. Surplus Property The Public Services Director recommended approval of the Old 17th Street and Escrow Instructions and Purchase Agreement with Eugene Newport Blvd. S. Scarcello, 1706B Newport Boulevard, Costa Mesa, for surplus property located at old 17th Street and Newport MOTION Boulevard, for $695,000.00. On motion by Council Member Instructions/Agree- Buffa, seconded by Vice Mayor Genis, the agreement was ment Approved approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None ti : a_ 4 Agreement with The Redevelopment Project Manager recommended approval Paul Miller of an agreement with Paul Miller, 20916 Sailmaker with Wolff, Lang, Circle, Huntington Beach, in an amount not to exceed Consulting Services $53,000.00, for consulting services in connection with for Housing the Housing Rehabilitation Program. On motion by Rehabilitation Council Member Buffa, seconded by Vice Mayor Genis, Program the agreement was approved, and the City Manager was Resolution 91-78 authorized to sign on behalf of the City. The motion MOTION carried by the following roll call vote: Agreement Approved AYES: Hornbuckle, Genis, Buffa, MOTION Humphrey, Erickson Assignment of NOES: None Agreement Approved ABSENT: None Wall and Fence On motion by Council Member Buffa, seconded by Vice Standards Mayor Genis, and carried 5-0, the following item was set for public hearing on October 7, 1991, at 6:30 p.m., in MOTION the Council Chambers of City Hall: Hearing Set for October 7, 1991 An amendment to Title 13 of the Costa Mesa Municipal Code regarding walls and fences; a resolution adopting revised wall and fence standards. Environmental Determination: Exempt. Costa Mesa Senior Item 10 on the Consent Calendar was presented: Assign- Center/Agreement ment of Agreement with the Costa Mesa Senior Citizen with Wolff, Lang, Corporation authorizing the City of Costa Mesa to Christopher administer and enforce the agreement with Wolff, Lang, Christopher Architects, Incorporated, Virginia Dare Tower, 10470 Foothill Boulevard, Rancho Cucamonga, MOTION architect for the Costa Mesa Senior Center. Mayor Resolution 91-78 Hornbuckle cited the City Attorney's Report No. 91-11 Adopted which states that Council Members acting as directors of the Senior Citizen Corporation do not have a conflict of MOTION interest. On motion by Council Member Buffa, seconded Assignment of by Vice Mayor Genis, and carried 5-0, the Assignment of Agreement Approved Agreement was approved, and the Mayor and City Clerk were authorized to sign on behalf of the City. Independent Cities Item 12 on the Consent Calendar was presented: City Risk Management Attorney Report No. 91-57 and resolution to appoint Authority specific representatives to the Independent Cities Risk Management Authority (ICRMA). The City Attorney intro- duced the new Risk Manager, Karen Adams, who by the proposed resolution will be appointed as an alternate tc MOTION serve on the ICRMA's Governing Board. On motion by Resolution 91-78 Council Member Buffa, seconded by Vice Mayor Genis, Adopted Resolution 91-78, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO APPOINT SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGE- MENT AUTHORITY AND AMENDING RESOLUTION 90-90, SECTION 6. CITY REPRESENTATIVES, was adopted by the following roll call vote: AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None PUBLIC HEARING The City Clerk announced the public hearing, continued Appeal of RA -90-06/ from the meeting of August 19, 1991, to consider an PA -90-128 appeal of the Redevelopment Agency's denial of Redevel- Pope Family Trust opment Action RA -90-06, Planning Action PA -90-128, from Armitage Realty, Incorporated, 2900 Bristol Street, Suite E-101, Costa Mesa, authorized agent for the Pope Family Trust, 635 San Elijo Street, San Diego, for variances from front setback requirements (20 feet required, 10 feet proposed), and from side setback requirements (15 feet required, 5 feet proposed), and Redevelopment Agency review, in conjunction with a proposed 10,200-squarefoot, one-story commercial build- ing at 145 East 19th Street in a Cl zone. Environmental Determination: Negative Declaration. The Deputy City Manager stated that the applicant does not wish to pursue his appeal at this time. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council RA-90-06/PA-90-128 Member Humphrey, and carried 5-0, Redevelopment Action Denied RA-90-06 and Planning Action PA-90-128 were denied. ANNOUNCEMENT Mayor Hornbuckle announced Old Business No. 1 would be taken out of order and addressed before the second Public Hearing. OLD BUSINESS The City Clerk presented Ordinance 91-24 for second Density Bonus for reading and adoption. The ordinance relates to density Senior and Afford- bonus for senior and affordable housing. Senior Planner able Housing Alice Angus addressed the specific changes to the proposed ordinance and the questions asked by Council at their September 3, 1991, meeting. A discussion ensued regarding the rezone of property relative to density bonus. Ed Briggs, Briggs Development Corporation, 23046 Avenida De La Carlota, Laguna Hills, suggested there should be incentives to developers to encourage affordable housing. Sid Soffer, 900 Arbor Street, Costa Mesa, noted that on Page 4, Section 13-400, Paragraph (a), line 4, the wording "in consistent" should be changed to read "is consistent". He spoke on benefits provided for senior citizens. MOTION On motion by Council Member Erickson, seconded by Ordinance 91-24 Council Member Humphrey, Ordinance 91-24, AN ORDINANCE Adopted OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFOR- NIA, AMENDING TITLE 13, CHAPTER II, ARTICLE 26 OF THE COSTA MESA MUNICIPAL CODE TO ADD REGULATIONS AND PRO- CEDURES PERTAINING TO DENSITY BONUS AND OTHER INCENTIVES FOR THE PRODUCTION OF AFFORDABLE AND SENIOR HOUSING, was given second reading and adopted; amending Page 5, line 2, "within twenty-four (24) months prior..." to "within sixty (60) months prior..."; amending Page 5, line 4, "was intended to be an incentive..." to "will be consid- ered to be equivalent in value to State mandated incen- tives..."; changing Section 3 on Page 10 to Section 4, and adding a new Section 3 to read, "Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of a competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons. The City Council hereby declares that it would have adopted this ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the appli- cation thereof to any person be declared invalid or unconstitutional. No portion of this ordinance shall supersede any local, State, Federal law or regulation or codes dealing with life safety factors." The motion carried by the following roll call vote: - 44 AYES: Hornbuckle, Genis, Buffa, Humphrey, Erickson NOES: None ABSENT: None The City Attorney stated that the addition of the sever- ability clause did not change the substance of the ordinance. PUBLIC HEARING The City Clerk announced the public hearing, continued - R-91-04 from the meeting of September 3, 1991, to consider Briggs/Reed Rezone Petition R-91-04, Briggs Development Corporation, 23046 Avenida De La Carlota, Suite 315, Laguna Hills, authorized agent for Phillip D. Reed, 2166 College Avenue, Costa Mesa, to rezone four lots at 2160-2172 College Avenue and 396 Victoria Street from R2 to R3. Environmental Determination: Negative Declaration. The City Clerk also presented the City Attorney's report regarding rezone petition. The Deputy City Manager summarized staff's Agenda Report dated September 11, 1991. Fd Briggs, Briggs Development Corporation, stated the objective of this project is to create nice homes selling for approximately $180,000.00. John Gunn, 404 Brighton Springs, Costa Mesa, Secretary of the Brighton Springs Homeowners Association, a 55 - unit condominium complex across the street from the subject project, stated they oppose this project on two grounds: density of the project and the parking situation. Sid Soffer, 900 Arbor Street, Costa Mesa, stated he objects to someone representing an association who does not state the number of members, if there was a vote, how many voted, and the outcome. Mr. Gunn responded there are 55 units, arra the Board of Directors vote was 5-0 delegating Mr. Gunn to represent the Homeowners Association. OLD BUSINESS The City Clerk presented from the meeting of September Appeal from 3, 1991, an appeal of "Notice and Order" issued to Helen Crampton Crampton for repair or demolition of a hazardous masonry wall at 308 Flower Street. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Council Member Buffa, seconded by Council Negative Declaration Member Erickson, and carried 5-0, the Negative Declara- and De Minimis tion of Environmental Impact and De Minimis finding were Finding Adopted adopted. MOTION On motion by Council Member Buffa, seconded by Council Ordinance 91-25 Member Erickson, Ordinance 91-25, AN ORDINANCE OF THE Given First CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CHANGING THE ZONING OF PROPERTY AT 2160-2172 COLLEGE ROAD AND 396 VICTORIA STREET FROM R2 TO R3, was given first reading and passed to second reading; with the finding that the rezone to the higher density is intended to be an incentive for and in -lieu of any density bonus/incentive requests that may be requested in the subsequent 60 months. The motion carried by the following roll call vote: AYES: Hornbuckle, Buffa, Erickson NOES: Genis, Humphrey ABSENT: None OLD BUSINESS The City Clerk presented from the meeting of September Appeal from 3, 1991, an appeal of "Notice and Order" issued to Helen Crampton Crampton for repair or demolition of a hazardous masonry wall at 308 Flower Street. 43 The Deputy City Manager summarized the Agenda Report of August 12, 1991, and presented slides which pictured the wall in question. He stated there was a dispute between neighbors over ownership of the wall, the area was surveyed by a California licensed surveyor, and the results show the wall is located at 308 Flower Street. Michele Johnson, Esq., Law Offices of Herman Thordsen, 6 Hutton Centre Drive, Suite 1040, Santa Ana, represent- ing Helen Crampton, was given a copy of the survey report, and she stated the surveyor's stakes had been used in the City's investigation. She stated Mrs. Crampton is willing to demolish the bowed portion of the wall and requested that the two homeowners share the expense. The City Attorney stated that if the City did not take action and an injury were to occur because of the wall, the City would not be liable. He stated that the purpose of this hearing was for the property owner to present evidence to refute the opinion of the building official. Sid Soffer, 900 Arbor Street, Costa Mesa, asked where the the burden of proof would lie if the wall had to be demolished and the property owner filed a lawsuit. Tony C'De Baca, Assistant Development Services Director/ Building, reported that the wall at 308 Flower Street is a mortarless, stacked wall, meaning there is no mortar to hold the wall together, and there is no steel rein- forcement. He stated that it is unlikely the wall can be repaired. Helen Crampton, 308 Flower Street, Costa Mesa, requested Council's permission to demolish the wall as she did not wish to incur further expenses related to the wall. Motion to Grant A motion made by Council Member Erickson, seconded by Permission to Vice Mayor Genis, to grant permission to remove the Demolish Withdrawn masonry wall based on the findings of the Agenda Report dated August 12, 1991, was withdrawn. MOTION On motion by Council Member Erickson, seconded by Vice Appeal Withdrawn Mayor Genis, and carried 3-2, Council Members Buffa and Humphrey voting no, the appeal for 308 Flower Street was withdrawn. A discussion ensued regarding the portion of the wall that was to be demolished. RECESS The Mayor declared a recess at 8:35 p.m., and the meet- ing reconvened at 8:45 p.m. Discussion continued after the recess. Mrs. Crampton was informed by the City Attorney that under the order she would have 30 days to obtain a permit to demolish a portion of the wall per her discussion with the Assistant Development Services Director/Building, and 120 days to finish the demolition. OLD BUSINESS The City Clerk presented from the meeting of September Cable Television 3, 1991, a recommendation from the Cable Television Committee Committee concerning allocation of cable grant funds. The City Clerk also presented City Attorney Opinion No. 91-11 regarding Council Members as Directors for the Senior Citizens Corporation. t 44 Council Member Council Member Humphrey announced he would abstain from Humphrey Left voting on this item, and he left the Council Chambers. The City Attorney commented on his Opinion No. 91-11, stating that Mayor Hornbuckle and Council Member Humphrey are not required to abstain from a decision to grant or deny cable grant funds to the Costa Mesa Senior Citizens Corporation. The City Manager stated clarification on grant funding had been provided by the Costa Mesa Senior Citizen Corporation. Council Member Erickson stated the Cable Television Committee recommended $2,000.00 be allocated to produce "Seniors for the 21st Century". He noted that it was not proper to editorialize as was done in the synopsis. Jeffrey Hovsepian, Development -Director of the Senior Citizens Center, supplied a brief history of the project. He said that Susan Schollenberger, Executive Director of the Corporation, would have the final word on the content. Carl Bureman, 447 Princeton Drive, Costa Mesa, Vice Chairman of the Cable Television Committee, reiterated that the Committee recommendation was for $2,000.00 for one program. In response to a question from Vice Mayor Genis, he stated that there was concern regarding the personnel costs involved, and a large commitment would not be recommended until capabilities were proven. Eleanor Humphrey, 1684 Whittier Avenue, No. 35, Costa Mesa, shared the fact that she is a qualified advisor on the Senior's video as she has a Masters Degree in Cinema, and she stated that the contents of the video are deve- loped the same way as they are in producing a film. She also addressed advertising costs. Bob Lengtat, 432 Princeton Drive, Costa Mesa, member of the Cable Television Committee, stated that the commit- tee did object to the $50.00 per hour listed for Copley Colony personnel. He also stated that new applications for grants would be considered in October, 1991. Motion to Approve A motion was made by Vice Mayor Genis, seconded by $2,000.00 Failed Council Member Erickson, to approve the recommendation to Carry of the Cable Television Committee for $2,000.00 for one show, and suggested that if they wish to reapply for the October grants that they are welcome to do so for addi- tional shows. The motion failed to carry 2-2, Council Members Hornbuckle and Buffa voting no, Council Member Humphrey abstaining. MOTION/Referred to On motion by Council Member Erickson, seconded by Vice Cable TV Committee Mayor Genis, and carried 4-0, Council Member Humphrey i and Continued to abstaining, the original application, the Committee's October 7, 1991 recommendation, and the new application were referred to the Cable Television Committee for their September 17, 1991, meeting, directed that a new agenda be printed for the Cable Television Committee, and referred back to the Council meeting of October 7, 1991, for final action. Council Member Humphrey Returned Council Member Humphrey returned to the Council Chambers. OLD BUSINESS The City Clerk presented a proposed ordinance adding Police Services Chapter IX to Title 11 of the Costa Mesa Municipal Code at Large Parties pertaining to Police services at large parties, gatherings, or events on private property. ' 45 The City Attorney summarized his Report No. 91-55 pertaining to the proposed ordinance. Council Member Humphrey explained the objectives; and Mayor Hornbuckle suggested bars, as well.as private parties, should be included. Carl Bureman, 447 Princeton Drive, Costa Mesa, supported the ordinance and agreed that high school, as well as college students, had "problem" parties. Sid Soffer, 900 Arbor Street, Costa Mesa, stated the ordinance was similar to the one in Newport Beach which is more of a party town than Costa Mesa. He noted that the tern "large parties" was vague. In response to a question from Mayor Hornbuckle, the City Attorney stated that the proposed ordinance should be set for first reading, and it could be sent back to the Planning Commission as well. MOTION A motion was made by Council Member Humphrey, seconded Ordinance Set for by Vice Mayor Genis, and carried 3-2, Council Members First Reading Hornbuckle and Buffa voting no, to set first reading of the proposed ordinance. The Mayor noted that first reading of the ordinance would be scheduled for the October 7, 1991, Council meeting. NEW BUSINESS The City Clerk presented City Attorney Report No. 91-35 Advertising on regarding advertising on City bus shelters and benches. Bus Shelters The City Attorney summarized his Report No. 91-35 which included a proposed ordinance, and recommended a procedure for providing the City with bus shelters and benches without cost through the use of advertising displays. Sid Soffer, 900 Arbor Street, Costa Mesa, briefly commented on the proposed advertising. MOTION On motion by Council Member Buffa, seconded by Council Referred to Planning Member Erickson, and carried 4-1, Mayor Hornbuckle and Transportation voting no, this item was referred to the Planning and Commissions Transportation Commissions; and in conjunction with the two Commissions, staff was directed to report back to Council on proposed routes and a plan on how this would be circulated to the major providers of bus shelters. NEW BUSINESS The City Clerk presented a request for street closure on Town Center Drive Town Center Drive for the Arts on the Green festival. Street Closure The City Manager reported on the request for a two-day closure of Town Center Drive, stating it had been reviewed with the Police and Fire Departments. MOTION On motion by Council Member Buffa, seconded by Vice Closure Approved Mayor Genis, and carried 5-0, the street closure was approved. Council Member At this point, Council Member Buffa left the Council Buffa Left Chambers. NEW BUSINESS The Clerk presented the report from the Human Relations Living Room Committee on "Living Room Dialogues". Dialogues Report Laura Collier, 675 Congress Street, Costa Mesa, repre- senting the Human Relations Committee, introduced Mrs. Humphrey who summarized the Living Room Dialogues Interim Report. Eleanor Humphrey, 1684 Whittier Avenue, No. 35, Costa Mesa, announced that October 6, 1991, the 5th Annual Intercultural Arts Festival will be held from 1:00 p.m. to 5:00 p.m., in Lions Park. She gave copies of the Interim Report to the City Clerk, and then proceeded to state that the consensus of opinion of the Committee and of the people who participated was that the Spring, 1991, Living Room Dialogues were a success. The next series will be in the Spring of 1992. NEW BUSINESS The City Clerk presented the review of Senate Bill 1093 Senate Bill 1093 limiting nuisance actions against District Agricultural Associations. The City Manager stated that Senate Bill 1093 has passed through the State Senate and State Assembly and is pending the Governor's signature. He summarized the Agenda Report dated.September 12, 1991, noting specific recommendations. Sid Soffer, 900 Arbor Street, Costa Mesa, asked for a definition of "public nuisance", and commented on the ongoing problems with the Orange County Fairgrounds. The City Attorney reported that the citizens with the support of the City did sue the Pacific Amphitheatre as a public nuisance which resulted in a judgement which is presently on appeal. MOTION On motion by Council Member Humphrey, seconded by Vice Letter Authorized; Mayor Genis, and carried 4-0, Council Member Buffa Appeal Process absent, the Mayor was authorized to send a letter to Requested Govenor Wilson, noting that the Mayor has the support of the full Council in urging him not to sign Senate Bill 1093 limiting nuisance actions against District Agricultural Associations, and requesting the establish- ment of a formal administrative appeal process if the bill is signed. CITY ATTORNEY The City Attorney presented his Report No. 91-59 REPORTS . regarding Senate Bill S-1557 and House Bill HR -3026, Senate Bill S-1557; Toxic Cleanup Equity and Acceleration Act. House Bill HR -3026 Toxic Cleanup Mayor Hornbuckle suggested that in addition to forward- ing letters of support proposed by the City Attorney, that copies be forwarded to Representative Cox and all of the Orange County delegation, with a copy to the Board of Supervisors and the League of California Cities. MOTION A motion was made by Council Member Humphrey, seconded by Letters of Vice Mayor Genis, and carried 4-0, Council Member Buffa Support Approved absent, to approve.sending the letters. CITY ATTORNEY The City Attorney requested a closed session pursuant to REPORTS Government Code Sections 54956.9(a) to discuss the Request for Closed following items: Sessions Tim Green v. Orville Amburgey, United States District Green v. Amburgey Court Case No. CV 90 -6169 -FW; CCMC v. Ned West Concerned Citizens of Costa Mesa (CCMC) v. Ned West, Orange County Superior Court Case No. 42-07-28; and Vinsel Claim Request for settlement authority regarding claim of Josephine Vinsel. Dave Wheeler, Post Office Box 1398, Sugarloaf, spoke on behalf of his client, Tim Green, urging settlement of the Tim Green v. Orville Amburgey litigation. w.s4J1 Sid Soffer, 900 Arbor Street, Costa Mesa, stated the law Tim Green Lawsuit By a 4-0 vote, Council Member Buffa absent, Council rejected the offer of settlement in the Tim Green v. MOTION Orville Amburgey, United States District Court Case Settlement Offer No. CV 90 -6169 -FW, as detailed in the City Attorney's Rejected Confidential memorandum dated September 3, 1991. CCCM Lawsuit By a vote of 4-0, Council Member Buffa absent, the Council approved the request for the City to petition MOTION the Court of Appeal for permission to file an amicus Approved Amicus brief in Concerned Citizens of Costa Mesa (CCCM) v. Ned Brief West, Orange County Superior Court Case No. 42-07-28. MEETING RECONVENED Mayor Hornbuckle reconvened the regular meeting at 11:15 p.m., and announced the action that had taken place in closed session. ADJOURNMENT The Mayor declared the meeting adjourned at 11:20 p.m. yor the City of Costa Mesa ATTEST: --City Clerk of the City of Costa Mes states a municipality cannot be sued for punitive damages but if a City chooses, it may pay these damages. MOTION On motion by Council Member Humphrey, seconded by Vice Vinsel Settlement Mayor Genis, and carried 4-0, Council Member Buffa Approved absent, settlement of the claim of Josephine Vinsel was approved in accordance with the recommendations of the Risk Manager's confidential memorandum dated September 10, 1991. COUNCIL MEMBER Council Member Erickson referred to a letter directed COMMENTS to Mayor Hornbuckle from Planning Commission Chairman Planning Commission Clarence Clarke, regarding small lot subdivisions, not - Letter ing that the letter referred to several items, including usable open space, that deserved attention. Buffa Departure Mayor Hornbuckle said that Council Member Buffa had apologized for having left the Council meeting early. Lot Combination Vice Mayor Genis suggested that in connection with Policy Council Member Erickson's comment, the policy on lot combinations should be reexamined. She stated that neighborhood disputes were not a concern of the Council. Bear Terrace Mayor Hornbuckle requested that the Bear Terrace Apart - Apartments (R-90-03) ments (R-90-03) be agendized for the October 7, 1991, meeting for Council review of the status. She announced two upcoming meetings: (1) Friday, October 25, 1991, at Meeting the Doubletree Hotel in Orange, the Orange County Envi- Announcements ronment Regional Perspective; and (2) Wednesday, October 30, 1991, in Buena Park, Tobacco Use Prevention Program presented by the Orange County Health Care Agency. ADJOURNED TO At 10:30 p.m., the Mayor adjourned the meeting to a CLOSED SESSION closed session in the first floor Conference Room to discuss the two items announced by the City Attorney, Tim Green Lawsuit By a 4-0 vote, Council Member Buffa absent, Council rejected the offer of settlement in the Tim Green v. MOTION Orville Amburgey, United States District Court Case Settlement Offer No. CV 90 -6169 -FW, as detailed in the City Attorney's Rejected Confidential memorandum dated September 3, 1991. CCCM Lawsuit By a vote of 4-0, Council Member Buffa absent, the Council approved the request for the City to petition MOTION the Court of Appeal for permission to file an amicus Approved Amicus brief in Concerned Citizens of Costa Mesa (CCCM) v. Ned Brief West, Orange County Superior Court Case No. 42-07-28. MEETING RECONVENED Mayor Hornbuckle reconvened the regular meeting at 11:15 p.m., and announced the action that had taken place in closed session. ADJOURNMENT The Mayor declared the meeting adjourned at 11:20 p.m. yor the City of Costa Mesa ATTEST: --City Clerk of the City of Costa Mes