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HomeMy WebLinkAbout07/07/2003 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA July 7, 2003 The City Council of the City of Costa Mesa, California, met in regular session July 7, 2003, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by Mayor Monahan, followed by the Pledge of Allegiance to the Flag led by Council Member Cowan, and invocation by Robert Krattli, First Church of Christ Scientist. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tem Chris Steel Council Member Libby Cowan Council Member Allan Mansoor Council Member Mike Scheafer Council Members Absent: Officials Present: None City Manager Allan Roeder Acting City Attorney Tom Wood Development Services Director Don Lamm Public Services Director William Morris Administrative Services Director Steve Hayman -Planning and Redevelopment Manager Mike Robinson Senior Planner Willa Bouwens- Killeen Associate Planner Claire Flynn Deputy City Clerk Julie Folcik MINUTES/May 12, On motion by Mayor Pro Tem Steel, seconded by Council Member June 2, and June 16, Scheafer, and carried 5-0, the minutes of the special meeting of 2003 Meetings May 12, 2003, and the regular meetings of June 2 and June 16, 2003, were approved as distributed. ORDINANCES AND A motion was made by Council Member Cowan, seconded by RESOLUTIONS Mayor Pro Tem Steel, and carried 5-0, to read all ordinances and resolutions by title only. PRESENTATION Mayor Monahan announced that Lou DeSandro had been selected Mayor's Award as the recipient of the Costa Mesa Mayor's Award for the month of July, and expressed the City's appreciation of his diligent commitment to the City's youth baseball leagues for the past decade. Mr. DeSandro expressed his thanks to the Mayor and Council for the recognition, the Recreation Division staff for their assistance and commented on the importance and value of volunteerism to the community. PRESENTATION Mayor Monahan congratulated Wayne Mitchell, Lead Facility Employee of the Month Maintenance Technician in the Public Services Department, who recently retired, on being named Employee of the Month for July. The Mayor complimented his work ethic and commitment to his job, where he managed dozens of facility improvement projects each year, to continually improve the condition of the City facilities, and for instilling in his staff a true sense of customer service. �ne PUBLIC COMMENTS Robert Graham, 3260 Dakota Avenue, Costa Mesa, showed a Graham Comments photograph of north Costa Mesa 40 years ago, and recounted a story of Mr. Segerstrom's bean fields and of his forth -sight of the opportunity presented with the construction of a new freeway. He stated the 19th Street bridge should be part of the Westside redevelopment, and suggested Council look at the opportunity it would create for the City. Shopping Carts Dave Salcido, 954 West 17th Street, Costa Mesa, noted that while on a recent visit to France, he observed that there were no abandoned shopping carts, and explained that when a shopping cart is returned to a collection device, a deposit is returned to the patron. Megan's Law Judy Berry, 2064 Meadowview Lane, Costa Mesa, expressed that the City should consider a booth at the Orange County Marketplace for the community to have access to Megan's Law information. Landscape Medians/ Paul Loubet, 2538 Fairway Drive, Costa Mesa, was troubled that Sidewalks landscape medians are being built in the City and felt that the many areas that need sidewalks should be a priority. The Public Services Director confirmed that $350,000.00 was allocated, by Council, through Net Revenue toward missing link sidewalks. 1925 Pomona Avenue Mike Berry, 2064 Meadowview Lane, Costa Mesa, reported that a run-down apartment building at 1925 Pomona Avenue was to be rehabilitated by Habitat for Humanity and that the City contributed $600,000.00 for the project. He stated, however, that Habitat for Humanity tore down, the buildings contending that it should be considered as new construction. He expressed concern that upon completion that the apartments would be given to individuals who do not currently reside in the City, and asked that this situation be looked into. Millard's Comments Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, agreed with Mr. Berry that the 1925 Pomona Avenue project needs further attention. Mr. Millard commented on the number of people soliciting work in front of the 7-11 stores located at Victoria Street and Placentia Avenue, as well as Baker and Bristol Streets, asking that the Police Department resolve the problem. He reported an overabundance of abandoned shopping carts on Baker Street, as well as Paularino Avenue. Residential Streets Marc DiDomenico, 381 La Perle Lane, Costa Mesa, expressed his appreciation of the street work that was completed recently in his neighborhood, and 'asked that the residential streets on the Eastside receive some attention as they are in great need of repair. Fireworks Anne Hogan-Shereshevsky, 2152 Elden Avenue, No. 1, Costa Mesa, asked that Council ban fireworks in the City before the next Fourth of July holiday, expressing that the fireworks stands are unsightly, and that there is no such thing as "safe and sane". Fourth of July Charlene Ashendorf, 3210 Montana Avenue, Costa Mesa, enjoyed the Fourth of July, and expressed her support of the sale of Gisler Avenue/19th fireworks in the City. She advised that traffic congestion and noise Street Bridges were issues that her neighbors are most concerned with. She asked that Council address the issue of traffic flows at the key entry points of the city to prevent the need for the Gisler Bridge and the 19th Street Bridge, and to work with the City of Huntington Beach to fight the increased air traffic from the Long Beach airport. 1 1 Firework Stands Doug Sutton, 2739 Canary Drive, Costa Mesa, confirmed with the City Manager that all of the City's fireworks stands were for non- profit organizations. He expressed that the community budget Budget deliberation hearings were very disappointing, and meaningful questions were not asked, therefore reasoned decisions were not made. Mr. Sutton stated that last year the Recreation budget was increased by almost $400,000.00, and asked that an independent assessment as to how well that money was spent be requested. He Full -Time Mayor proposed that the resolution to the problem was to elect a full-time Mayor, setting a minimum salary of $100,000.00, to ensure the community needs would be prioritized, as well as work with staff to dramatically improve Costa Mesa. Manufactured Homes Don Hunter, 666 West 19th Street, No. 1606, Costa Mesa, pointed out that the federal government and the State of California utilize the term manufactured housing when referencing non established dwellings (mobile homes), and urged that all future communications and correspondence include this terminology. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 8, Change Order No. 2 to the contract with Azteca Landscape. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Except Item No. 8 Tem Steel, and carried 5-0, the remaining Consent Calendar items were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: Enterprise Rent -a -Car; Judith D. Graham; and David Schneider. Alcohol Beverage Request for Alcoholic Beverage Control (ABC) License from: Control License Dadami Restaurant (formerly Takaraya), 688 Baker Street, Suite 7, for a person-to-person transfer of an existing Type 41 ABC license (on -sale beer and wine for a bona fide eating place). Public Utilities Southern California Gas Company filed Application A.03-06-021 Commission with the Public Utilities Commission to collect from customers $6.3 million for its shareholders as incentive for purchasing gas below a benchmark. WARRANTS Approved Warrant 1958 Approved Warrant 1959/Payroll No. 312A and No. 313 The following warrants were approved: Warrant Resolution 1958, funding City operating expenses for $1,123,627,59. Warrant Resolution 1959, funding Payroll No. 313 for $2,006,860.32, Payroll No. 312A for negative $924.43, and City operating expenses for $1,388,062.75, including payroll deductions. Approved Warrant Warrant Resolution 1960, funding City operating expenses for 1960 $1,436,797.46. ADMINISTRATIVE ACTIONS/Approved Amendment to Agree- ment with LSA Associates. The amendment to an agreement with LSA Associates, 20 Executive Park, Suite 200, Irvine was approved for $76,500.00, to expand the scope of services to include the preparation of an Environmental Impact Report for the 1626/1640 Newport Boulevard General Plan Amendment GP -02-06 project, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. �4 � Approved Agreement An agreement was approved with Siemens Building Technologies, with Siemens for Inc., 10775 Business Center Drive, Cypress, for the sole source Camera and purchase of a camera and recording system for the Costa Mesa jail, Recording System for for an amount not to exceed $42,833.00, for Phase I (the project will Costa Mesa Jail be completed in two phases), and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Contract for Bids received for Traffic Signal Installation at Victoria Street and Traffic Signal Installa- Maple Street, Federal; Project No. STPLH-5312(041), City Project tion, Project 03-13 to No. 03-13 are on file 'in the City Clerk's Office. The contract was Pouk and Steinle, Inc. awarded to Pouk and Steinle, Inc., Post Office Box 3039, Riverside, for $88,230.00., and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Adopted Resolution Resolution 03-43 was adopted: A RESOLUTION OF THE CITY 03-43/Additional COUNCIL OF THE, CITY OF COSTA MESA, CALIFORNIA, Temporary Partially PROVIDING FOR ADDITIONAL TEMPORARY PARTIALLY PAID Paid Military Leave MILITARY LEAVE OF ABSENCE AND CONTINUATION OF BENEFITS FOR CITY OF COSTA MESA EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES. Approved Purchase of The purchase of One New Tymco Model No. 600 Alternative -Fuel Air Street Sweeper Powered Regenerative Air Street Sweeper was approved from GCS from GCS Western Western Power and Equipment, 8271 Commonwealth Avenue, Power and Equipment Buena Park, for $173,606.80, acquired through participation in the Los Angeles County bid and contract process, as authorized by Resolution 94-11, adopted March 7, 1994; and Budget Adjustment No. 03-145 was approved for $75,000.00. Change Order No. 2 Item No. 8 on the Consent Calendar was presented: Change Order Azteca Landscape No. 2 to the contract with Azteca Landscape, to add eight additional school sites to the turf and landscape services contract (as provided for in the Joint Use Agreement with the Newport -Mesa Unified School District). Martin Millard, 2973 ' Harbor Boulevard, No. 264, Costa Mesa, reported that the original bid received by Azteca Landscape was unreasonably low in comparison to the other bids, but that the contract was awarded: He further commented that the request for a second change order to the contract is to increase the amount of the contract, stating that is unfair to the other bidders. The Public Services Director confirmed that Azteca Landscape was still the lowest bidder,, as they provided unit pricing in their original bid, which was then used for the additional sites added to the contract. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Change Order No. 2 Monahan, and carried 5-0, Change Order No. 2 to the contract with with Azteca Landscape Azteca Landscape, 1910 South Archibald Avenue, Suite N, Ontario, was approved for $3,138.93, and the Mayor was authorized to sign on behalf of the City. Irene Shannon, 1640 Newport Boulevard, No. 17, Costa Mesa, questioned the purpose of Item No. 5, the authorization of an amendment to an agreement with LSA Associates relating to the scope of services in Environmental Impact Report (EIR) for the 1626/1640 Newport Boulevard General Plan Amendment GP -02-06 project. The Development Services Director explained that when a mobile home park is closed, converted, or a new development project is built, an Environmental Review is required and provided to the Planning Commission and City Council. He advised that the expanded EIR, which is paid for by the property owner, includes a level of detail not previously provided in the negative declaration and environmental review, which would be beneficial to the tenants of the mobile home parks, as well as, the members of the public and city representatives. PUBLIC HEARING The Mayor announced staffs recommendation for a.continuance on Reconsideration of the the following item: 1901 Newport Boulevard Reconsideration of the April 14, 2003, Special Joint Meeting of the Kennedy/Rutter City Council and Redevelopment Agency decision regarding the Development Project 1901 Newport Plaza Residences Project located at 1901 Newport Boulevard, for Dave Eadie, Rutter Development, authorized agent for property owner Kennedy/Rutter Development, for a 161 -unit residential condominium project in the Planned Development Commercial (PDC) zone. Environmental Determination: Final EIR No. 1050. (a) Certification of Final EIR No. 1050 (b) General Plan Amendment GP -02-04 and Title 13 amendments for a site-specific floor area ratio (FAR) for the commercial component (0.35 FAR allowed; 0.70 FAR proposed), for a site-specific density for the residential component (20 du/ac allowed; 45 du/ac proposed), and for the proposed 5 -level parking structure [applies to General Plan] (4 -stories allowed; 5 -stories proposed). (c) Final Master Plan approval PA -02-11 for the proposed mixed-use project and variance from residential parking requirements (455 residential parking spaces required; 415 residential parking spaces proposed). (d) Inclusionary Housing Plan for the 1901 Newport Plaza Residences project. (e) Amendment to the 1999-2004 Implementation Plan for the Downtown Redevelopment Plan to include Inclusionary Housing. Provisions [Redevelopment Agency action item]. The Affidavits of Publication and Mailing are on file in the City Clerk's Office. Communications were received from: Tamar Goldmann, 2324 College Drive, Costa Mesa, outlining the problems associated with this project; Curtis Herberts, Pacific Coast Realty Group, 234 East 17th Street, No. 118, Costa Mesa, asking Council to downsize the project by at least 40%; David Stiller, 2879 Regis Lane, Costa Mesa, urging Council to reject the project; Jeane Barraclough, 1866 Pitcairn Drive, Costa Mesa, stating her opposition to the project; Sandra Genis, 1586 Myrtlewood, Costa Mesa, detailing questions and concerns regarding the project; Anne B. Hinkle, 1822 Jamaica Road, Costa Mesa, stating that the Master Plan should be followed; Robin Leffler, Costa Mesa Citizens for Responsible Growth, 3025 Samoa Place, Costa Mesa, thanking Council for granting the rehearing, and asking for a number of issues be investigated; Douglas Carstens, Chatten-Brown & Associates, 3250 Ocean Park Boulevard, Suite 300, Santa Monica, summarizing comments from Costa Mesa Citizens for Responsible Growth; Diane Dorrien and Lars Sivring, 3128 Encore Court, Costa Mesa, stating their opposition to the project; Darnell Wyrick, Mesa Verde Community, Inc., Post Office Box 4102, Costa Mesa, expressing their unanimous opposition to the project; and Dave Eadie, Rutter Development Corporation, 18012 Cowan, Suite 200, Irvine, requesting that a continuance be granted due to the lack of completion of the Final Environmental Impact Report for the project. Council Member Mansoor expressed that he was ready to move forward with the public hearing, but stated he would support a continuance due to staff's request for additional time, and the support of the continuance by the developers. The Development' Services Director confirmed staff's recommendation of a continuance of the public hearing until August 4, 2003, but advised that the necessary resolutions were drafted and available for adoption should the Council desire to move forward with the hearing. Council Member Cowan indicated her concern regarding the Inclusionary Housing; Report and expressed her desire that the report included placing the 14 low-income housing units on site. The Development Services Director advised that the option requiring the 14 units be included on the project site is currently being evaluated by the consultants. Council Member Cowan felt that she had enough questions regarding the Inclusionary Housing Element and of the placing of the housing onsite to support a continuance of the hearing. Mayor Pro Tem Steel commented he was in favor of continuing the public hearing, and stated he would like to see the 14 low-income housing units in the redevelopment area, but not necessarily on the project site. The Associate Planner confirmed for Council Member Cowan that the drawings, attached to the resolution packet, were the newly revised drawings, recently proposed by the applicant, showing the new setbacks of an additional 2 to 2 Y2 feet for building complex number 1, from Bernard Street. Robin Leffler, 3025 Samoa Place, Costa Mesa, Vice President of Costa Mesa Citizens for Responsible Growth, stated that she supported the continuance of the public hearing to August 4, 2003. Dave Eadie, Rutter Development Corporation, 18012 Cowan, Suite 200, Irvine, confirmed he concurred with the request for continuance of the public hearing to August 4, 2003. MOTION/Continued On motion by Council Member Cowan, seconded by Mayor Pro Public Hearing to Tem Steel, and carried 5-0, the public hearing was continued to a August 4, 2003 joint meeting of the City Council and the Redevelopment Agency on August 4, 2003, and- staff was directed to prepare an Inclusionary Housing Report evaluating alternatives related to providing affordable housing units on-site. Motion to Open Public A motion was made by Council Member Mansoor, seconded by Hearing Failed To Mayor Pro Tem Steel, to open the public hearing to individuals who Carry would not be able to attend the August 4, 2003 meeting. The motion failed to carry 3-2, Mayor Monahan, and Council Members Cowan and Scheafervoting no. Mayor Monahan announced that individuals unable to attend the public hearing on August 4, 2003, should send written comments to his attention at City Hall, and that they will be included in the public record. PUBLIC HEARING The Deputy City Clerk announced that this is the time and palace set Planning Application for the public hearing to consider an application from John N,lorehart PA-03-02/Huscroft appealing the Planning Commission's denial of portions of Planning House Application P,A-03-02 for Barry Walker for a relocation permit/master plan/minor design review to replace one of four existing residential dwelling units with the 2 -story "Huscroft House"; divide the property into three lots; with variances from open space requirement (40 percent required; 34 percent to 36 percent provided), parking requirements (14 spaces required; 10 spaces provided), minimum lot area (12,000 sq. ft. required; 3,001, 3,670, and 4,895 sq. ft. proposed), vehicle back -out requirements (25 feet required; 24 feet proposed), rear setback requirements (20 feet required; 7 feet proposed), and street frontage requirements, administrative adjustments from front setback requirements (20 feet required; 12.5 feet proposed), and side setback requirements (5 feet required; 3 feet proposed); and a conditional use permit to allow shared parking between the proposed lots, located at 548 Bernard Street in an R2 -HD (Multiple -Family Residential District, High Density) zone. Environmental Determination: Exempt. The Affidavits of Publication and Mailing are on file in the City Clerk's Office. The Senior Planner reviewed the Agenda Report dated June 26, 2003, and she and the Development Services Director responded to questions from Council. John Morehart, 126 Properties, LLC, 126 East 16th Street, Costa Mesa, expressed his interest in the architectural history of Costa Mesa and strongly urged Council to protect and preserve the Huscroft House due to its historic value. Mr. Morehart stated his appreciation of the Planning Division for their efforts on this project. He discussed his alternatives for the property supporting the parcel division which could provide him the opportunity to sell the property as single lots and afford him the ability to fully rehabilitate the Huscroft House. Robert Graham, 3260 Dakota Avenue, Costa Mesa, wondered why the Huscroft House, which was once valuable to the City, was no longer. He believed it would be an attractive house and should be enjoyed by all members of the community. Beth Refakes, 320 Magnolia Street, Costa Mesa, was concerned about the number of variances requested for this project. She stated the long-term impacts on the neighborhood may outweigh the benefits of moving the Huscroft House to this location, and further commented that it did not possess any historic significance to the City of Costa Mesa, as it was moved from another city. Kevin Shannon, 2120 Colina Vista, Costa Mesa, shared in Mr. Morehart's interest in history, but was hesitant of placing a two-story house three feet from a wall, and disagreed that the variances requested were minor. There being no further speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Mayor Monahan, seconded by Mayor Pro Resolution 03-44 Tem Steel, and carried 5-0, to adopt Resolution 03-44: A Approving PA -03-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA - 03 -02. Mayor Pro Tem Steel commented that he felt that this was a good project, that it would improve the area, and preserve the Huscroft House. PUBLIC HEARING The Deputy City Clerk' announced that this is the time and place for Conditional Use Permit the public hearing to consider an application from Ken Woods and PA-03-14/Beeler an application from Carl and Carolee Stevens appealing the 1629 Superior Avenue Planning Commission's approval of Conditional Use Permit PA -03- 14 for Diane Cuniff, authorized agent for Glenn and Leone Beeler, for a dog day care, both inside and outside of an existing industrial building, located at 1629 Superior Avenue in an MG (General Industrial) zone. Environmental Determination: Exempt. The Affidavits of Publication and Mailing are on file in the City Clerk's Office. Communications were received from: Carl and Carolee Stevens, 244 Magnolia Street, Costa Mesa, requesting the hearing be postponed until the July 21, 2003 meeting; and Diane Cuniff, The Bone Adventure, Inc., 1629 Superior Avenue, Costa Mesa, asking that the hearing not be continued, and of her attempts to resolve the neighbors concerns. The Senior Planner reviewed the Agenda Report dated June 23, 2003. Ken Woods, 301 North Lake Avenue, No. 320, Pasadena, complimented Ms. Cuniff on her business plan, and agreed that there is a demand for this use in the City, but expressed this property is neither suitable or adequate for the intended use. He discussed traffic flow, showing photographs of the property to illustrate the difficulties of customer ingress, egress and lack of adequate parking; quiet enjoyment, stating that the noise created by the various businesses in the area would aggravate the dogs and cause them to bark; and building size, wondering what percentage would be utilized for the day care activities stating that there was furniture storage located in the front portion of the property. Mr. Woods responded to questions from Council. Carl Stevens, 1619 Superior Avenue, Costa Mesa, on behalf of 2000 Stevens Family Trust, presented a drawing representing their adjoining property, and stated that currently the fence is located on their property at least'four inches over the property line, noting that plan did not include 'a new fence, on Ms. Cuniff's property, that would keep the dogs ,on her property. He requested that a seven - foot high block wall be extended to their side of the property to cut down on the sound, as well as pollution and odor issues. Mr. Stevens responded to questions from Council. Carolee Stevens, 244 Magnolia Street, Costa Mesa, articulated her opposition of the project, summarized her appeal stating there were issues and inconsistencies that have not been addressed by Ms. Cuniff, including the safety of individuals who could be bitten through the existing chain link fence, creating a liability issue, and the issue of inadequate parking. Diane Cuniff, 1629 Superior Avenue, Costa Mesa, addressed the issues presented in the appeal regarding parking, indicating that the south side of the property would be used for parking, reporting that there would not be any dogs running freely in that area causing a liability issue, and therefore would not require replacement of that fence; and that barking was to be continuously monitored and the noise mitigated by the handlers. Expressing the importance of the conditions imposed by the Conditional Use Permit she stated that measures have been taken to ensure compliance. She summarized the letters she presented to Council that recounted her experiences when attempting to address these and other issues with the neighboring properties. She responded to questions from Council. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, stated the business was a good idea, in concept, but felt that there were a number of problems with the location. She commented on the wall height of 54 inches was not adequate noting that her dog could easily jump over it; that the barking could be a issue commenting that dogs respond to sounds as well as sight but with proper handling could be deterred; and that the dog to handler ratio was acceptable with experienced handlers. Sharon Sutton, 891 Joann Street, Costa Mesa, declared her opposition to the project, and expressed her concern about the parking being adequate for the amount of dogs planned at the facility, as well as the traffic flow of the patrons entering and exiting the facility. Steve Barry, 1635 Superior Avenue, Costa Mesa, showed photographs of the parking available at the location to illustrate the lack of adequate parking on site, and stated that there are continuous parking problems in the area that need to be addressed. There being no further speakers, the Mayor closed the public hearing. Council Member Mansoor stated he had concerns in regards to parking at the location, but noted they were fully addressed in the Conditions of Approval. Mayor Monahan expressed his support for the business emphasizing that it was a permitted use in the industrial area, and noting that the business and parking is highly conditioned. Council Member Cowan felt it was a good use of the location but had concerns of the maximum allowed dogs on the premises. MOTION/Adopted On motion by Mayor Monahan, seconded by Mayor Pro Tem Steel, Resolution 03-45 and carried 4-1, Council Member Cowan voting no, to uphold the Approving PA -03-14 Planning Commission's decision by adoption of Resolution 03-45: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -03-14. RECESS The Mayor declared at recess at 9:30 p.m., and reconvened the meeting at 9:45 p.m. OLD BUSINESS The Deputy City Clerk presented disposition of City -owned property Hamilton Street/Charle at Hamilton Street and Charle Street. The Public Services Director Street Property reviewed the Agenda Report dated June 26, 2003, and he and the Administrative Services Director responded to questions from Council. Kris Gold, 2559 Elden Avenue, No. E, Costa Mesa, asked Council to approve a Community Garden at the Hamilton/Charle Street property and stated she did not believe it would require $80,000.00 to fund the Community Garden. She reported that the Boy Scouts are willing to install the irrigation, and that there are others in the community who would be willing to volunteer. 71/1 G Tim Lewis, 2050 Charle Street, Costa Mesa, recalled for the Council that the original owner of the property sold the property to the City for use as a park and suggested that, it should be named in her memory. He also suggested that a community garden association could be , formed to manage the property, as well as working with volunteers would decrease the cost to the City. Terry Shaw, 420 Bernard Street, Costa Mesa, agreed that a community garden would be a "vast" improvement, and the property would be put to good use. Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, stated his opposition to a community garden and asked Council to build senior housing on the property. Kimberly Claytor, 2184 Miner Street, No. C, Costa Mesa, supported a Community Garden. Beth Refakes, 320 Magnolia Street, Costa Mesa, concurred that a Community Garden should not be funded by the taxpayers of the City, but by the community members who are utilizing the garden. The Public Services Director responded to a question from Ms. Refakes that Costa Mesa residents pay $10.00 per year for a plot in the Del Mar Community Garden. She thought the best use of the property would be to, lease it to the car dealers for storage of the cars. Brianna Rhoades, 128 Monte Vista Avenue, Costa Mesa, expressed her excitement over the possibility of a community garden at this location, as she has been on the Del Mar Community Garden waiting list for four years. Dorothy Harmer, 1640 Newport Boulevard, No. 61, Costa Mesa, loved the idea of possibly gardening at the community garden, and expressed that since she lives in a mobile home park she does not have the space for gardening at her home. Sandy Johnson, 344, Cabrillo Street, Costa Mesa, stated that the Del Mar Community Garden is a beautiful place, and enjoyed by many in the community. She felt that the garden would be a positive asset to the City. Robin Leffler, 3025 Samoa Place, Costa Mesa, expressed her enjoyment of gardens, and that a community garden is a "very special place" for recreation, and is used and enjoyed by many in the community. Sandra Genis, 1,586 Myrtlewood Street, Costa Mesa, communicated that anyone in the community should have access to and be able to enjoy the community garden, and that the fee paid by each person for a plot should cover the water that is needed to maintain their plot. Ms. Genis did not believe non -Costa Mesa residents should be invited to participate in the community garden. MOTION/Approved A motion was made by Council Member Cowan, seconded by Development of a Council Member Scheafer, to allocate $80,000.00 for the Community Garden development of the Hamilton Street and Charle Street Community Garden; staff was directed to work with the Community Garden Association to recruit volunteers to assist where possible, within the context of the design; to update the fee schedule, to be brought back to Council during the annual fee study; to establish a lottery or �A�. f rotation for the community garden plots; and that the Del Mar Community Garden and the Hamilton Street and Charle Street Community Gardens be available to Costa Mesa residents only. Council Member Mansoor expressed his concern regarding a community garden that would be used by relatively few residents and funded with taxpayer money. He instead suggested that a park, that is to be utilized by everyone in the community, would be a positive use of the property. Substitute Motion Died A substitute motion made by Council Member Mansoor, to direct staff to proceed with a pocket park at this location, died due to lack of a second. Mayor Pro Tem Steel expressed his support of the motion by Council Member Cowan, but was concerned about the $80,000.00 cost for the community garden. The original motion carried 3-2, Mayor Monahan and Council Member Mansoor voting no. NEW BUSINESS The Deputy City Clerk presented a review of mobile home park Mobile Home Park conversion permit requirements. A communication was received Conversion Permit from Kevin Shannon, 2120 Colina Vista, Costa Mesa, asking Requirements Council to consider mobile home conversion regulations similar to those used in neighboring cities. The Planning and Redevelopment Manager reviewed the Agenda Report dated June 26, 2003, and responded to questions from Council. Kevin Shannon, 2120 Colina Vista, Costa Mesa, asked Council to provide help to the residents of the City's Mobile Home Parks. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, agreed that the City needs to do something to help provide compensation for the individuals living in the City's mobile home parks, and are facing the closing of those parks. Fred Williams, 1626 Newport Boulevard, No. 19, Costa Mesa, commented on the new owner of Snug Harbor Village, and of the negative changes he has made to the Village, as well as its current state of "disrepair". He encouraged Council to look at the ordinance used by the City of Huntington Beach. Irene Shannon, 1640 Newport Boulevard, No. 17, Costa Mesa, provided Council with a copy of the Mobile Home Residency Log, asking that they read the definition of "homeowner," and noted the difference between "change of use" and of "closure." Robin Leffler, 3025 Samoa Place, Costa Mesa, commented that the residents of mobile home parks are typically senior citizens who have been responsible all their lives, have built up a nest egg, and invested in owning a home, but are now being "kicked out" of their homes, asking why the City does not already have a policy in place to protect these long term residents. Warren LaHara, 27122 Resoto Road, Apple Valley, stated that he previously lived in EI Nido Mobile Home Park, and still has many friends who live there. He remarked of the 140 people in the park that will lose their homes and the loss of the Mobile Home Park that has been in existence since 1938. Terry Shaw, 420 Bernard Street, Costa Mesa, commented that he related to the individuals living in mobile home parks, having lived in one himself for 17 years. He explained the problem with a mobile home is the owner does not have the benefits of being a property owner, although they have the liabilities, and must maintain their residence, but do not share in the increasing land value that lies underneath the home.. Dorothy Harmer, 1640 Newport Boulevard, No. 61, Costa Mesa, reiterated that an ordinance would affect many people, and that they will not receive fair market value for their homes. Adrian Watkins, 1626 Newport Boulevard, Costa Mesa, agreed with the previous speakers; and felt is was very, unfair that her home can be taken away from her. She advised that she will have to go to a one bedroom HUD apartment„ which is not adequate space for her to live in. Jane Sterling -Stevens, Region Five (Orange County) Manager for the Golden State Manufactured Home Owners League, emphasized that Mobile/Manufactured Homes are owned, that they are not leased, nor are the owners transients, and felt that the treatment of these people was "sub -humane" and should not be tolerated. She reiterated the need for the ordinance. Brenda Magee, 1626 ;Newport Boulevard, Costa Mesa, expressed the stress over this situation has been extreme, and her children are worried that they are going to be out on the street. She asked Council for their help. Don Hunter, 666 West 19th Street, No. 1606, Costa Mesa, spoke regarding the devastation of the residents of the mobile home parks in losing their homes. Norah O'Malley, 1640 Newport Boulevard, No. 14, Costa Mesa, discussed the living conditions prior to the present owner taking over the mobile home- parks. She asked Council to prepare an ordinance to protect the residents of the mobile home parks. Sandy Johnson, 344 ;Cabrillo Street, Costa Mesa, expressed her support of an ordinance, and asked that the residents be protected from abuse, and threats. She expressed there has been no protection for manufactured home owners previously, and there needs to be. Flo Johnson, 344 Cabrillo Street, Costa Mesa, inquired as to the timeframe for the ordinance to be in effect, as it might be too late to help the residents. The Acting City Attorney responded to a question from Council Member Cowan regarding the difference between a closure and a conversion of use of'a mobile home park by explaining the state laws pertaining to this issue. He continued that the City has not yet expanded the ordinance to cover a conversion, as well as a closure, expressing that he would have a report available for the July 21, 2003, Council Meeting;. MOTION/Gave On motion by Council Member Cowan, seconded by Council Direction to Staff Member Scheafer, and carried 5-0, staff was directed to prepare an ordinance to include the following: park closures, cessation of use and conversions, compensation provision for mobile homes and trailers that cannot be relocated due to age or condition, the ;>,7 increase of state mandated minimum of six months or more written notice of termination of tenancy, that the City will be responsible for directly contacting the relocation specialist for preparation of the .relocation plan; to provide additional options regarding the relocation of park residents within a specified radius and whether residents should be given the first right -to -refusal to purchase units in the new development, should the proposed conversion be to residential use; and to continue the exploration of an interim amendment or of the relocation plan that is to be submitted for Council's review. Mayor Pro Tem Steel empathized with the residents, and expressed his hope that Council could provide some assistance to them. NEW BUSINESS The Deputy City Clerk presented TeWinkle Park softball field TeWinkle Softball Field dimension options. The Public Services Director reviewed the Dimension Options Agenda Report dated June 26, 2003, and responded to questions from Council. MOTION/Approved A motion was made by Mayor Monahan, seconded by Council Dimensions with Member Cowan, and carried 5-0, to approve the recommended Modifications outfield dimensions for the softball fields with the following modifications: Southwest Field — 250 -foot outfield foul pole fence dimension from home plate that would deepen in centerfield to a depth recommended by staff, with a higher fence line around the field, and the new maintenance yard to remain in center field. Northwest Field — 275 -foot outfield fence dimension; the left field fence to start at 275 feet to a depth as far past the building as possible and with a higher fence line that would slope down towards center and right fields; the fence in center and right field would be from no more than 310 feet to no less than 300 feet for the right field foul pole; and the light. standard in left field would be relocated into foul territory-, and the light. standard in right field would be located beyond the- outfield fence. Northeast Field-- 30.0,foot outfield fence dimension, starting the foul poles at 300 feet ;that would. _deepen into center field to the staff recommended depth -of no;more than 330 feet. Funding options would be brought to Council at a future date. NEW BUSINESS The Deputy City Clerk presented a request from the Orange County OCRAA Resolution Regional Airport Authority (OCRAA) for adoption of a resolution in support of efforts by the City of Los Angeles to operate a commercial airport at EI Toro. Mayor Pro Tem Steel reviewed the Agenda Report dated July 2, 2003, and he and the Acting City Attorney responded to questions from Council. Council Member Mansoor supported an airport at EI Toro, but was concerned that there was no specific analysis or plan as to what the City of Los Angeles was planning for a commercial airport at EI Toro. Cathy Margolin, 1701 Irvine Avenue, Newport Beach, urged Council to adopt the resolution, as currently John Wayne Airport is planning to expand by the addition of six gates in the next two years. She noted there was a 37 -page letter released by the City of Los Angeles and can be read at www. AWGPAC.COM. George Margolin, 1701 Irvine Avenue, Newport Beach, asked Council to support the resolution for he did not wish for Costa Mesa and Newport Beach to become like the communities surrounding the Los Angeles Airport (LAX), should the John Wayne Airport be allowed to expand. MOTION/Adopted A motion was made by Mayor Monahan, seconded Council Member Resolution 03-46 Cowan, and carried 5-0, to adopt Resolution 03-46, with the modifications: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, JOINING THE ORANGE COUNTY REGIONAL AIRPORT AUTHORITY IN SUPPORT OF EFFORTS BY THE CITY OF LOS ANGELES TO OPERATE A COMMERCIAL AIRPORT AT EL TORO. COUNCIL Council Member Scheafer asked the Public Services Director to COMMENTS/Signals investigate the costs associated with pedestrian signals for the for the Blind blind, and to identify intersections in the City that would benefit from it. He commented on the safe use of fireworks, the increase in the Fireworks number of stands selling fireworks in the City, and advised of an accident involving his neighbor who was hospitalized due to the use of a sparkler, a "safe and sane" firework. "CostaMazing" Mayor Monahan invited the community to attend the "CostaMazing" Celebration celebration on Thursday evening, July 10, 2003, beginning at 7:00 P.M., at the Pacific Amphitheater, at the Orange County Fair Grounds. ADJOURNMENT The Mayor declared the meeting adjourned at 12:05 a.m. M th City osta Mesa ATTEST: Depu v City C{?rkbf tie City of Costa Mesa 1