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HomeMy WebLinkAbout11/17/2003 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA 'NOVEMBER 17, 2003 The City Council of the City of Costa Mesa, California, met in regular session November 17, 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 the Mayor, followed by the Pledge of Allegiance to the Flag led by Council Member Scheafer, and invocation by Pastor Brill Gartner, Harbor Christian Fellowship. 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: None Officials Present: City Manager Allan Roeder Acting City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Police Lieutenant Allen Huggins Recreation Manager Jana Ransom Senior Planner Kim Brandt Deputy City Clerk Julie Folcik ORDINANCES AND A motion was made by Mayor Pro Tem Steel, seconded by Council RESOLUTIONS Member Cowan, and carried 5-0, to read all ordinances and resolutions by title only. PROCLAMATION National Bible Week ANNOUNCEMENT Consent Calendar Item No. 10, Retire- ment of Police Service Dog Nero III; and Purchase Agreement Mayor Monahan announced-, that a proclamation had been prepared to declare;.Npvembe1 23- through November 29, 2003, as National Bible -Week, to provide:.a-time to focus on spiritual paths prior to the holiday rusSi:T- There being no objection; _ Mayor Monahan announced that Consent Calendar Item No. 40 ;would be considered prior to Public Comment: Retirement of Police Service Dog Nero III and commending him for 5.5 years of outstanding service to the community; and purchase agreement for the sale of Police Service Dog Nero III to Police Officer Mitch Johnson. Police Lieutenant Huggins commended Nero for his service to the Police Department and commented on his heroic record. MOTION/Approved On motion by Council Member Scheafer, seconded by Council Retirement of Nero III; Member Mansoor, and carried 5-0, retirement of Nero III was Approved Purchase approved, the purchase agreement was approved, and the Police Agreement Chief was authorized to sign on behalf of the City. PUBLIC COMMENT Doug Sutton, 2739 Canary Drive, Costa Mesa, complimented Sutton Comments Video Production Coordinator Dane Bora, and former Mayor Mary Hornbuckle, for their interview of Henry Segerstrom which aired on Channel 74. He announced that the Wilson School after-school program "Think Together" is being discontinued, and accused the City of not becoming ,involved. Mr. Sutton addressed the recent situation involving City Attorney Jerry Scheer, observing that the 1 1 X65 matter was settled for a large amount of money. He disputed the wisdom of that agreement, and recommended that Council initiate a generous long-term pay incentive contract for the City Manager. Business License Fees Judi Berry, 2064 Meadow View Lane, Costa Mesa, encouraged Council to increase the City's business license fees, commenting that the Los Angeles Times called Costa Mesa the "cheapest City in California to do business". She reported that the Cities of Santa Ana and Newport Beach charge an additional fee to owners of businesses who do not reside within the City, and proposed using the additional funds for park improvements, the Costa Mesa Senior Center, and additional Police Department patrol officers and additional firemen. Mayor Monahan replied that a business license fee increase must be approved by the citizens of Costa Mesa, and revealed that Council is planning within the next year to consider initiating the ballot measure. Council Member Cowan believed that Council had directed the City Manager to work with the Costa Mesa Chamber of Commerce and other members of the business community relative to placing the business license fee increase on the March, 2004, ballot. Mobile Home Parks Warren LaHara, 27122 Resoto Road, Apple Valley, commented that mobile home parks have become low-income, senior citizen housing, and suggested that the City take control of the parks to ensure that they evolve into first-class housing for seniors which would capitalize on the private and public infrastructure which has been created. Orange County Grand Orange County Superior Court Judge William Evans made a plea Jury for members of the community to volunteer to become members of the Orange County Grand Jury, indicating that it is a four-year commitment. He provided applications, and stated that the recruitment, will continue until January 16, 2004, and provided a telephone number of (714) 834-6747 and website address www.occourts.org. Council Member Cowan asked that this information be announced on Channel 74. River Park; 55 Free- Robert Graham, 3260 Dakota Avenue, Costa Mesa, provided a way Concerns photograph of a proposed river park which encompasses an area from Fairview Park to Huntington Beach. He encouraged utilizing a portion of Fairview Park near Placentia Avenue for playgrounds, and soccer and baseball fields. He addressed problems concerning the 55 Freeway where it ends at 19th Street, specifically the merging of the frontage road traffic. Millard Comments Martin Millard, 2973 Harbor Boulevard, No. 264, Costa Mesa, complained that the wall in front of the "Fillmore Slum" in the 3000 block of Coolidge Avenue is "falling under the sidewalk" and is hazardous. He reported that Stater Bros. shopping carts litter the City, and asked the City to enforce the recent ordinance by at least issuing citations. Mr. Millard objected to Habitat for Humanity Homes being inhabited by persons other than Costa Mesa residents. He accused Council of a discussion at a recent Council meeting relating to avoidance of the Brown Act in relation to the two new school foundations, and asked the City to be more upfront with the public. Mayor Pro Tem Steel responded that no Council member, past or present, had made such a comment regarding the Brown Act. Council Member Mansoor asked that staff investigate the above-mentioned wall at Coolidge Avenue and Baker Street. Karl Alf, 181 Merrill Place, Apt. A, Costa Mesa, commented on a fundraiser sponsored by the Human Relations Committee. EM Tony Morello Janice Davidson, 1982 Arnold Avenue, Costa Mesa, repeated her concerns regarding Tony Morello, a young boy who is dying of brain cancer, mentioning her previous request for cards to be sent to him. She chastised Council for not responding, and referred to toxic waste on the west side of Costa Mesa as a potential source of the illness. She encouraged Council to take action. Mayor Pro Tem Steel indicated that he plans to meet with Tony Morello, and asked the City Manager about the toxic waste situation. The City Manager replied that the Costa Mesa Fire Department will prepare a comprehensive analysis of all public health records which will encompass the Center for Disease Control in Atlanta, Georgia, the Orange County Health Department, and local hospitals. Historical Society Terry Shaw, 420 Bernard Street, Costa Mesa, announced that the Meeting Costa Mesa Historical Society will hold their monthly meeting on Wednesday, November 19, 2003, at 7:30 p.m., 1870 Anaheim Avenue, and the speaker will be a Costa Mesa fireman. Berry Comments Mike Berry, 2064 Meadow View Lane, Costa Mesa, commented that for the last several months he has been meeting with the City Manager, Police Chief John Hensley, and City staff, to address problems on the west side. Regarding Mr. Millard's previous comment about Habitat for Humanity homes, he observed that charities on the west side also are not limited to Costa Mesa residents, and suggested that this encourages surrounding cities to not offer programs for the needy. He encouraged Council to restrict usage to City's residents. Refakes Comments Beth Refakes, 320 Magnolia Street, Costa Mesa, asked if there are statistics regarding the effectiveness of the red light cameras on Newport Boulevard. - Regarding the business license fees, she supported an increase to compensate for the budget shortfall, and agreed that Habitat for Humanity homes should be built only for Costa Mesa residents. Regarding Consent Calendar Item No. 10, retirement of Police dog Nero III, she asked if he will be replaced. Mayor Monahan replied that Nero III will be replaced, and the red light camera statistics will be an agenda item in the near future. The City Manager reported that the City is considering contingencies should the State not honor its legal obligation backfill the funds due the City. Jerry Scheer Settle- Brian Evans, Post Office Box 15070, Newport Beach, asked if the ment Agreement; Sid City had responded to the complaint filed by former City Attorney Soffer Jerry Scheer, and asked about Mr. Scheer's settlement with the City. Mayor Monahan replied that a copy of the Settlement Agreement is available in the City Clerk's office. Mr. Evans addressed the legal problems of former Costa Mesa resident Sid Soffer. The Acting City Attorney responded to Mr. Evans by stating that Mr. Scheer's lawsuit had been filed with the Orange County Superior Court and is,,a matter of public record. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 9, Agreement with CH2M Hill for environmental and design services for improvements on Harbor Boulevard, and Budget Adjustment No. 04-038. MOTION/Approved On motion by Mayor Pro Tem Steel, seconded by Council Member Except Item No. 9 Cowan, and carried .5-0, the remaining Consent Calendar items were approved as recommended: READING FOLDER The following Reading Folder items were received and processed: 1 1 Claim Claim received by the Deputy City Clerk: Olga Cox. Alcoholic Beverage Request for Alcoholic Beverage Control Licenses from: Licenses EI Rincon Restaurant, 2263 Fairview Road, Suite G, for an original Type 47 ABC license (off -sale beer and wine). Circle K/76, 1900 Newport Boulevard, for a person-to-person transfer of an existing Type 20 ABC license (off -sale beer and wine). Follow -Up Reports The following concerns received follow-up reports from staff: Staff responded to comments made at the meeting of November 3, 2003, regarding the level of programming for the Del Mar Community Garden. Tracy Dorame, 2016 Arnold Avenue, Costa Mesa, asked staff to investigate an incident that occurred at the Orange County Humane Society regarding the theft of a dog. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1978, funding City operating expenses for 1978 $1,326,679.33. Approved Warrant Warrant Resolution 1979 funding Payroll No. 323 for 1979/Payroll 323 $2,002,144.14, Payroll No. 322A for $2,823.99, and City operating expenses for $841,728.84, including payroll deductions. Adopted Resolution RESOLUTION 03-74 was adopted: A RESOLUTION OF THE 03-74, Authorizing CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Application for Federal AUTHORIZING THE FIRE CHIEF TO EXECUTE ANY Assistance through DOCUMENTS NECESSARY FOR THE PURPOSE OF CERT OBTAINING FEDERAL FINANCIAL ASSISTANCE THROUGH THE COMMUNITY EMERGENCY RESPONSE TEAM (CERT) AND CITIZEN CORPS GRANTS ADMINISTRATION BY THE GOVERNOR'S OFFICE ON SERVICE AND VOLUNTEERISM. Accepted Work for Furnishing and Installation of Sun Screens at the Police Facility, 99 Furnishing and Instal- Fair Drive, Project No. 03-14, was completed to the satisfaction of lation of Sun Screens the Public Services Director on October 22, 2003, by Crystal at the Police Facility, Glass, Inc./Crystal Glass and Mirror, 505 South Harbor Boulevard, Project No. 03-14, by Santa Ana. The work was accepted; the Deputy City Clerk was Crystal Glass authorized to file a Notice of Completion; authorization was given to release retention monies 35 days thereafter; the Labor and Material bond was ordered exonerated 7 months thereafter; and the Performance Bond was ordered exonerated 12 months thereafter. Awarded Parkway Bids received for Parkway Concrete Repair, Canyon Park Slope Concrete Repair and Repair, and National Storm Drain Construction, Project No. 03-22, National Storm Drain are on file in the City Clerk's office. The contract was awarded to Construction, Project Ranco Corporation, Post Office Box 9007, Brea, for $769,050.00 No. 03-22, to Ranco (base bid plus both additive bid items), and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Awarded Rehabilitation Bids received for Roadway Rehabilitation of Red Hill Avenue from of Red Hill, Project No. Paularino. Avenue to. McCormick Avenue (Project A) and from 03-23, Federal Project McCormick Avenue to Pullman Street (Project B), Federal Project No. STPL-5312(046) Nos. STPL-5312(046)�and (042), City Project No. 03-23, are on file and (042), to All in the City Clerk's office. The contract was awarded to All American Asphalt American Asphalt, Post Office Box 2229, Corona, for $768,454.70, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. Approved Amendment An amendment was approved to the agreement with Merit Civil to Agreement with Engineering, Inc., 2100 West Orangewood Avenue, Suite 110, Merit Civil Engineering Orange, for $8,000.00, for engineering design services for multi - for Fairview Park purpose trails in Fairview Regional Park, and the Mayor and Design Deputy City Clerk were authorized to sign on behalf of the City. Agreement with CH2M Item No. 9 on the Consent Calendar was presented: Agreement Hill, for Harbor Design with CH2M Hill for, environmental and design services for Services improvements on Harbor Boulevard. Council Member Mansoor understood that $300,000.00 of the agreement amount would be appropriated from Measure M funds, and asked from which account the balance of $289,000.00 would be taken. The Public Services Director replied that the balance would be funded from Home Ranch trip development fees. MOTION/Approved On motion by Council Member Mansoor, seconded by Council Agreement; Approved Member Cowan, and carried 5-0, the agreement was approved Budget Adjustment No. with CH2M Hill, 3 Hutton Center Drive, Suite 200, Santa Ana, in an 04-038 amount not to exceed $589,000.00, for environmental and design services for improvements on Harbor Boulevard between Gisler Avenue and Sunflower Avenue, the Mayor and Deputy City Clerk were authorized to sign on behalf of the City, and Budget Adjustment No. 04=038 was approved for $300,000.00 to appropriate Measure M funds. PUBLIC HEARING The Deputy City Clerk announced that this is -the time and place PA-03-37/SP-03-02, set for the public hearing to consider Master Plan Amendment PA - IKEA 03-37 and Specific Plan Amendment SP -03-02 for Pat Merwin, authorized agent for IKEA Property Incorporated, to amend Final Master Plan and they North Costa Mesa Specific Plan to allow construction of a new parking lot with a minor conditional use permit to allow compact parking (10% maximum allowed; 3% proposed), located at 1475 South Coast Drive in a PDC (Planned Development Commercial) zone. Environmental Determination: Previous final EIR 1048. The Affidavits of Publishing and Mailing are on file in the City Clerk's office. No communications were received. The Development Services Director summarized the Agenda Report dated November 3, 2003. MOTION/Adopted On motion by Council Member Cowan, seconded by Council Resolutions 03-75 and Member Scheafer, and carried 5-0, the following resolutions were 03-76 adopted, subject to conditions: Resolution 03-75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MASTER PLAN AMENDMENT/MINOR CONDITIONAL USE PERMIT PA -03-37: Resolution 03-76, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING NORTH COSTA MESA SPECIFIC PLAN AMENDMENT SP -03- 02 REGARDING SEGERSTROM HOME RANCH, SUBAREA 1. 369 OLD BUSINESS The Deputy City Clerk presented from the meeting of November 3, Downtown Redevelop- 2003, second reading and t adoption of Ordinance 03-12, ment Project Area eliminating the time limit on establishment of loans, advances and Loans indebtedness with respect to the Redevelopment Plan for the Downtown Redevelopment Project area. MOTION/Adopted On motion by Council Member Mansoor, seconded by Mayor Pro Ordinance 03-12 Tem Steel, and carried 5-0, Ordinance 03-12 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH. OLD BUSINESS The Deputy City Clerk presented from the meeting of November 3, Downtown Redevelop- 2003, second reading and adoption of Ordinance 03-13, extending ment Project Area the time limit of the effectiveness of and the redevelopment plan Property Taxes for the Downtown Redevelopment Project area, and extending the time for payment of indebtedness and receipt of property taxes under the Redevelopment Plan. MOTION/Adopted On motion by Mayor Pro Tem Steel, seconded by Council Member Ordinance 03-13 Mansoor, and carried 5-0, Ordinance 03-13 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, EXTENDING THE TIME LIMIT OF THE EFFECTIVENESS OF AND THE REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT AREA; EXTENDING THE TIME LIMIT FOR PAYMENT OF INDEBTEDNESS AND RECEIPT OF PROPERTY TAXES UNDER THE REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT AREA; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 20, Status of ACT 2003, determine the status of the Advisory Committee of Teens (ACT). Council Member Cowan reviewed the Agenda Report dated November 3, 2003, suggesting that ACT could become a viable part of the Recreation Division by moving it from the auspices of the City Council. She indicated that members of the committee could then participate in service projects for the City yet would retain the ability to advise Council, through the Recreation Division, regarding recreation issues pertaining to young people. Mayor Pro Tem Steel complimented Council Member Cowan on her involvement with ACT, and was reassured by the Council Member that placing ACT under the Recreation Division would not incur additional costs to the City. He suggested that Recreation personnel encourage members of ACT to actively participate in City Council meetings. Council Member Mansoor felt that if ACT is viewed as a committee, it should be treated the same as other committees. Specifically, he felt that if ACT is under the Recreation Division, the Brown Act should apply, especially if the committee is permitted to use the City website and allowed staff time. MOTION/Gave A motion was made by to Council Member Cowan, seconded by Direction to Staff Council Member Scheafer, and carried 4-1, Council Member Mansoor voting no, to disband ACT as a formal committee of the City Council, directing staff to reinvigorate ACT as a program of the Recreation Division, Administrative Services Department. OLD BUSINESS The Deputy City Clerk presented from the meeting of October 20, TeWinkle Park 2003, funding in the amount of $1,252,760.00, for additional Projects approved improvements and upgrades to TeWinkle Park Lake, Athletic Complex, and Skateboard Park Projects. The Public Services Director summarized the Agenda Report dated October 30, 2003. Council Member Cowan was concerned about diverting $300,000.00 from the Fairview Park Development Fund, and $70,000.00 from the fund for Wakeham Park Picnic Shelters, and asked if the monies could be taken from Net Revenue. The City Manager responded in the affirmative but cautioned that a Request for Proposal had been prepared, in compliance with Council direction, for consultant services regarding a possible general plan amendment for the west side bluffs, and the project would need to be funded from Net Revenue. MOTION/Approved A motion was made by Mayor Monahan, seconded by Council Funding Member Scheafer, to approve funding in the amount of $1,252,760.00 for approved improvements/upgrades to the TeWinkle Park Projects, from the following sources, and direct staff to effectuate theinecessary budget adjustments: $299,760.00 in year 2002 Roberti'-Zeberg-Harris funds $200,000.00 from Net Revenue/Special Projects $100,000.00 reallocation from FY 03-04 Capital Improvement Project (CIP); for participation in Parking Lot at TeWinkle School $300,000.00 reallocated from Fairview Park Development Fund $133,000.00 reallocated from 03-04 CIP for undesignated Traffic Signal.,. location $150,000.00 reallocated from Net Revenue for Missing Sidewalks $70,000.00 reallocated from 03-04 CIP for Wakeham Park Picnic Shelters Council Member Cowan asked that the motion be modified to include a stipulation that unspent funds shall be returned to the Net Revenue account, and that staff shall be directed to maintain and attach a list of the accounts from which the monies are taken. The maker of the motion agreed to the addition. Mayor Pro Tem Steel opposed the motion, stating that he agreed that the City should construct a skateboard park but not at TeWinkle Park. Council Member Mansoor voiced similar concerns with the recommended allocations, suggesting that the Charle/Hamilton Street Community Garden would have been an appropriate location for a skateboard park. SUBSTITUTE A substitute motion was made by Council Member Mansoor to use MOTION/To Use the funding from the; Community Garden, subtracting $35,000.00 Alternate Funding from Net Revenue/Special Projects and $35,000.00 from Net Died Revenue for Missing Sidewalks. The substitute motion died for lack of a second. The original motion carried 3-2, Mayor Pro Tem Steel and Council Member Mansoor voting no. RECESS The Mayor declared a recess at 7:55 p.m., and reconvened the meeting at 8:05 p.m. NEW BUSINESS The Deputy City Clerk presented a request for waiver of fees for Request for Fee use of athletic fields by the Boys and Girls Club of the Harbor Area, Waiver, Boys and 2131 Tustin Avenue, Costa Mesa. Council Member Scheafer Girls Club announced that he would abstain from voting on this item as he is a member of Board of Directors for the organization. The Council Member exited the chamber at 8:07 p.m. The Recreation Manager reviewed the Agenda Report dated November 5, 2003. MOTION/Approved On motion by Council Member Cowan, seconded by Mayor Pro Request Tem Steel, and carried 4-0, Council Member Scheafer abstaining, the request was approved under the provision of the Field/Facility Use and Allocation Policy, and as recommended by the Parks and Recreation Commission. Council Member Scheafer returned to the Council Chambers at 8:10 p.m. NEW BUSINESS The Deputy City Clerk presented a request for City Council review Mobile Home Park of processing Interim Ordinance and Mobile Home Park conversion Conversion Ordinance ordinance. Communications were received from Dick Matherly, 1640 Newport Boulevard, Space 22, Costa Mesa, a resident of EI Nido Trailer Park, submitting EI Nido/Snug Harbor GSMOL, Chapter 18, homeowner recommendations regarding the proposed ordinance; Beverly Walter, 1626 Newport Boulevard, Space 19, Costa Mesa, a Snug Harbor resident, requesting that Council adopt a conversion ordinance to protect senior citizens; Jean Stirling -Stevens, GSMOL Zone C, Region 5 Manager, explaining the misconception of the terms used; Carol Hoffman and Coralee Newman, Government Solutions, supporting Alternative 1(b) of the agenda report; Jeffrey A. Goldfarb, Rutan and Tucker, 611 Anton Boulevard, Fourteenth Floor, Costa Mesa, representing Brown and Associates, owners of EI Nido and Snug Harbor Mobile Home Parks, supporting a binding relocation agreement between themselves and the residents which would obviate the need for the interim ordinance; Mark Hurd, supporting the GSMOL recommendations; and Brenda McGee, 1626 Newport Boulevard, Space 20, Costa Mesa, Snug Harbor resident. Mayor Monahan indicated that he had placed this item on the agenda to encourage Council discussion. The Development Services Director reviewed the Agenda Report dated November 12, 2003. He, the Acting City Attorney, and the Senior Planner responded to questions from Council. Mayor Pro Tem Steel expressed his desire to ensure that the residents of the two mobile home parks receive a "fair deal'. Council Member Cowan felt that the issue does not pertain to EI Nido and Snug Harbor, indicating that any action taken will not be in time to affect the closure of those parks. She believed that in terms of a mobile home park ordinance, Council should proceed as with any ordinance, taking into account the areas in which the City has jurisdiction, including some type of community standards for judging a relocation plan. She observed that Council, as well as staff, are interested in helping to protect the dignity and integrity of those who live in the two subject parks. Council Member Cowan suggested that Council deal with the Snug Harbor/EI Nido closures within the context of the current law. The following persons spoke regarding the proposed mobile home park ordinances: Dick Matherly, 1640 Newport Boulevard, Space 22, EI Nido resident; Dorothy Harmer, 1640 Newport Boulevard, Space 61, Costa Mesa, EI Nido resident, and secretary of GSMOL, Chapter 18; Adrienne Walkins, 1626 Newport Boulevard, Space :. 372 43, Costa Mesa, Snug Harbor resident; Terry Shaw, 420 Bernard Street, Costa Mesa, encouraged the City to have a town hall meeting which included the mobile home park residents; Brenda McGee, 1626 Newport Boulevard, Space 20, Costa Mesa, Snug Harbor resident; Sandy Johnson, Costa Mesa resident; Fred Williams, 1626 Newport Boulevard, Space 19, Costa Mesa, Snug Harbor resident; Jean Stirling -Stevens, Golden State Manufactured Home Owners League (GSMOL) Zone C, Region 5 Manager, Post Office Box 7265, Newport Beach, asked that the recommendations from the GSMOL bei carefully considered; Norah O'Mally, 1640 Newport Beach, Space 14, Costa Mesa, EI Nido resident; Irene Shannon, 1640 Newport boulevard, Space 17, Costa Mesa, EI Nido resident; Carol Hoffman, Government Solutions, representing Brown and Associates, owners of the EI Nido and Snug Harbor Mobile Home Parks, assured Council that Brown and Associates has followed all of the City's requirements, are making every attempt to be fair in this relocation matter, and opposed an interim ordinance; Katrina Foley, 2778 Lorenzo Avenue, Costa Mesa, Costa Mesa Planning Commissioner, asked for clarification on several issues; Bruce iGarlich, 3401 Wimbledon Way, Costa Mesa, Costa Mesa Planning Commissioner, addressed the reasons for establishing an interim ordinance; Vickie Talley, Executive Director of the Manufactured Housing Education Trust, addressed a "replacement ordinance", encouraged deliberate evaluation, and pledged her organization's participation; Lorraine Olander, 1626 Newport Boulevard, Space 22, Costa Mesa, Snug Harbor resident; and Coralee Newman; Government Solutions. Mayor Pro Tem Steel; asked that Council be informed as to which of the remaining residents in the mobile home parks are or are not satisfied. He believed that the City should protect the residents and ensure that they receive a "good deal" from the park owners. The Acting City Attorney reported that the relocation plan review, currently underway, will be available to Council and should be in sufficient detail to address the relocation of each resident. MOTION/Gave A motion was made, by Council Member Cowan, seconded by Directions to Staff Mayor Pro Tem Steel, and carried 5-0, directing staff and the Planning Commission not to pursue an interim ordinance, directing that third party review of the submitted relocation plan for the EI Nido/Snug Harbor Mobile Home Parks be completed, with the City retaining all rights ,,to, challenge or adjust it as necessary, and directing that staff move forward with a comprehensive mobile home park ordinance to address all areas where the City has jurisdiction in order to'avoid this type of confusion in the future. Council Member Cowan did not believe that Brown and Associates have been fair and equitable in this situation, and encouraged them to work fairly and directly with the residents. She stated that the residences are homes which hold memories, history, and values, and challenged Mr. Brown to respond accordingly. CITY MANAGER'S The City Manager announced that discussion of revenue and REPORT revenue enhancement, as well as mid -year budget review, has Study Session Items been scheduled for the study sessions of December 8, 2003, and January 12,2004, COUNCIL Council Member Scheafer asked the Public Services Director to COMMENTS advise him if there will be a sponsor wall for the skateboard park. He wished his wife a happy birthday. 1 L_J 1 1�j h , TeWinkle Park Council Member Cowan believed that the TeWinkle Park Improvements Improvements provided an opportunity to work on improvements associated with the Santa Ana River dredging project, and asked that it be aggressively pursued, possibly to allow the mitigation for the full lower portion of the park. Special Education Mayor Monahan announced that on Wednesday, November 19, Committee Event; 2003, 7:00 p.m., at the Newport -Mesa Unified School District "State of the City" Headquarters, the Special Education Committee for all parents of Address special education children will host a meeting concerning services available to children with special needs. At 7:00 a.m., Thursday, November 20, 2003, he announced a "State of the City' address to be delivered to the Costa Mesa Chamber of Commerce. ADJOURNMENT TO At 9:35 p.m., Mayor Monahan adjourned the City Council meeting CLOSED SESSION to a closed session in first floor Conference Room B pursuant to Rutter Development Section 54956.9(a) of the California Government Code for the City Council to confer with legal counsel, Tom Wood, Acting City Attorney, regarding existing litigation in the case of Rutter Development Corporation v. the City of Costa Mesa, Orange County Superior Court Case No. 03CC09792. MEETING Mayor Monahan reconvened the meeting at 10:55 p.m., and the RECONVENED action taken during closed session was announced. No Action Taken Regarding Rutter Development Corporation v. the City of Costa Mesa, OCSC Case No. 03CC09792, no reportable action was taken pursuant to Section 54957.1 of the California Government Code. ADJOURNMENT The Mayor declared the meeting adjourned at 11:00 p.m. Mayor of the ity of Costa Mesa - ATTEST: (::I �- � 7 - Deputy gify Clerk -of t"0 City of Costa Mesa