HomeMy WebLinkAbout10/30/1991 - City Council Special MeetingSPECIAL MEETING OF THE CITY COUNCIL
CITY OF COSTA MESA
OCTOBER 30, 1991
The City Council of the City of Costa Mesa, California,
met in special session October 30, 1991, at 6:30 p.m.,
in the Council Chambers of City Hall, 77 Fair Drive,
Costa Mesa, and notice of the special meeting was given
as required by law. The meeting was called to order
by the Mayor, followed by the Pledge of Allegiance to
the Flag.
ROLL CALL Council Members Present: Mayor Mary Hornbuckle
Vice Mayor Sandra Genis
Council Member Jay Humphrey
Council Member Joe Erickson
Council Members Absent:
Officials Present:
Council Member Peter Buffa
City Manager Allan Roeder
Deputy City Attorney Sally May
Deputy City Manager/Develop-
. ment Services Donald Lamm
Director of Public Services
William Morris
City Clerk Eileen Phinney
Principal Planner Mike
Robinson
ORAL COMMUNICATIONS Dick Sherrick, 3146 Country Club Drive, Costa Mesa, was
concerned about not having copies of all minutes from
Planning Commission the Planning Commission meetings concerning the EIR and
Minutes Regarding General Plan because without them, he could not respond
EIR No. 1044 and to actions taken by the Commission. The Principal
General Plan Planner reported that the minutes of the Planning
Commission meeting of October 28, 1991, were not avail-
able at this time. (The Planning Commission motions
from the meetings of October 17, 22, and 24, 1991, as
well as Planning Commission Resolutions PC -91-43 and
PC -91-44 were included with the Development Services
Agenda Report dated October 30, 1991.) Mayor Hornbuckle
announced that no action will be taken on the EIR at
this meeting.
Copies of Agenda Brahn Walker, 479 East 19th Street, Costa Mesa, stated
Report that the aforementioned report should be available to
the public. The Mayor informed Mr. Walker that copies
of Agenda Report dated October 30, 1991 could be found
in the vestibule of the Chambers.
Request to Hold Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, referred
Some General Plan to a letter he submitted to the City Manager in which
Meetings at NCC he requested that General Plan meetings on the Trans-
portation Subelement of the General Plan be held at the
Neighborhood Community Center. The City Manager stated
that he has been investigating the possibility of
providing television coverage from that facility.
PUBLIC HEARING The City Clerk announced that this was the time and
1990 General Plan place set for the public hearing to consider 1990
EIR No. 1044 General Plan Environmental Impact Report (EIR) No.
1044. The Affidavit of Publication is on file in the
City Clerk's office. All communications concerning
the General Plan were forwarded to the City Council.
ANNOUNCEMENT The Mayor announced that she intended to conclude this
meeting by 11:00 p.m., and adjourn to November 13, 1991.
The Principal Planner provided background data on the
City's General Plan: The Council's prior hearings
occurred between October, 1989, and April, 1990, at
which time Council recommended significant changes to
the format and content. As a result of these changes,
the General Plan was revised and the EIR recirculated,
and the latest General Plan differs in scope and format
from the 1989 General Plan. In the 1990 General Plan,
some elements were combined and some deleted based on
comments from Council, the Technical Appendixes were
deleted, and where appropriate, that technical data was
incorporated directly into the General Plan. During
preparation of the Response to Comments for the EIR, an
error was found in Table 18, Page 184 of the EIR, and a
corrected page was attached as an errata to the Agenda
Report dated October 30, 1991, which indicates that only
two, not four, intersections exceed State and Federal
eight-hour carbon monoxide standards; a second attach-
ment to the Agenda Report is a letter from Terrell Watt,
Planning Consultant, 1757 Union Street, San Francisco,
representing Costa Mesa Residents for Responsible
Growth; the third attachment is a new Appendix F to the
EIR which was recommended for incorporation by the
Planning Commission, and it is simply a list of resumes
and statements of qualifications from key staff who have
worked on the General Plan and consultants who assisted
with technical information.
Associate Planner Kimberly Brandt summarized the intent
and findings of EIR No. 1044 prepared for the 1990
General Plan, emphasizing that the EIR analyzes build-
out conditions of the City which are not expected to
occur until after the year 2010; in addition, specific
future projects anticipated by the 1990 General Plan
will be subject to additional environmental review and
analysis at the time they are proposed. She reported
that the EIR has identified potential impacts of the
General Plan's implementation and provides mitigation
measures designed to eliminate or minimize the antici-
pated impacts; however, there are several areas for
which the EIR identifies significant impacts even after
mitigation. The Associate Planner explained that CEQA
(California Environmental Quality Act) requires that all
Environmental Impact Reports analyze alternatives to the
proposed project, and four project alternatives have
been included in the EIR: "No Project", two reduced
density alternatives, and an alternative that does not
permit any additional development in the City. She
stated that the EIR concluded that only the reduced
density alternatives (Alternatives 2 and 3) were reason-
able alternatives to the proposed project, and that
these two alternatives were environmentally superior.
Vice Mayor Genis was concerned that the information
relating to commercial areas containing a standard mix
of uses, indicates that even though the square footage
in some areas has increased significantly, the projec-
tion for traffic increase is only 20 or 30 percent.
Senior Planner Alice Angus stated that since the Vice
Mayor had provided staff with some of her questions
beforehand,. a Trip Rate Summary dated October 30, 1991,
was prepared and submitted to Council.
Vice Mayor Genis asked how much right-of-way would be
required to widen 17th Street, an alternative to be
considered if the 19th Street Bridge were deleted. The
Public Services Director responded that there are no
detailed studies; however, the major issue is that there
would be no impact on residential properties if 17th
Street were widened. The Vice Mayor asked staff to
provide information on the right-of-way required for the
alternative of connecting the 19th Street bridge to 17th
Street and the associated widening of 17th Street.
Vice Mayor Genis asked about the process of providing
environmental reviews on future projects which meet all
requirements of the Municipal Code and would not require
Planning Commission or Council review. The Associate
Planner stated that in compliance with CEQA, an environ-
mental review and determination is made on all applica-
tions processed by the Planning Division and Public
Services Department. The Principal Planner explained
that the Municipal Code requires a Development Review
for any project in multiple -family, commercial, and
industrial zones, and the only applications exempt from
the development review process are single-family homes
and additions to homes in the R1 zone.
Vice Mayor Genis questioned the accuracy of the state-
ment on Page 275 of the EIR indicating that adoption
of Alternative 3 could have a significant impact on
the City's ability to meet its Regional Housing Needs
Assessment (RHNA) goals. The Vice Mayor felt the entire
plan was based on traffic impacts, regardless of impacts
on air quality, water, etc.
Council Member Erickson referred to the City Attorney's
memorandum dated October 25, 1991, Page 3, which
addresses the 19th Street bridge, and the fact that the
EIR does not consider deletion of the bridge or realign-
ment with reductions in land use density to improve
levels of service. He asked staff about the length of
time it would take to provide either of the two alterna-
tives recommended by the City Attorney. The Principal
Planner responded that it would take at least two months
to prepare technical information. (The issue regarding
amendments to and recirculation of the EIR would take
longer.) Responding to a question from Vice Mayor
Genis, the Principal Planner confirmed that the EIR will
not be adequate if Council deletes the 19th Street
bridge because additional analysis will be required.
The City Manager reported that the County of Orange is
planning on preparing an environmental analysis on the
19th Street bridge. The Public Services Director
advised Council that it would be approximately six to
eight months before the County's EIR on the 19th Street
bridge would be ready for circulation.
Vice Mayor Genis requested information on the City's
requiring the same right-of-way acquisitions if traffic
generation and the ICU (Intersection Capacity Utilitiza-
tion) were reduced. She expressed her concern about the
possibility of having to take the homes on Baker Street.
The Principal Planner responded that after reviewing the
alternatives, staff felt that no matter what land use
options were adopted, there were certain areas where
significant improvements would be required.
Terry Austin, of Austin -Foust Associates, Incorporated,
2020 North Tustin Avenue, Santa Ana, the City's traffic
consultant, stated that the level of land use contained
in the General Plan does affect the traffic improve-
ments; however, he found that when looking at the year
2010 and beyond, many of the significant improvements
are required because of the large amount of regional
traffic. He did point out that there are many improve-
ments contained in the General Plan which would not be
needed if intensities were reduced.
During discussion regarding the 19th Street bridge, the
City Manager asked how the City would be affected if the
County's EIR failed to adequately support construction
of the bridge, and/or if the EIR failed to be approved
by the appropriate agencies. The Public Services
Director responded that the County would have the
responsibility of amending its Master Plan of Highways,
and it would be the obligation of affected cities to
conform to that change.
Vice Mayor Genis requested staff to provide Council
with the dollar loss if the City did not conform with
the County's Master Plan of Highways, and the amount of
money the City would save by not having to acquire prop-
erties to widen 19th Street. The City Manager stated
that a report would be available prior to discussion of
the Transportation Subelement.
Martin South, 20332 Riverside Drive, Santa Ana Heights,
representing the Riverside Drive Kennel Owners Group,
thanked.staff, particularly Associate Planner Kimberly
Brandt, for rewriting those sentences which will now
properly depict the commercial kennel businesses in
conjunction with the single-family residences, and also
be consistent with the Santa Ana Heights Specific Plan
as set forth by the County of Orange Environmental
Management Agency.
Janet Remington, 1164 Boise Way, Costa Mesa, disagreed
with information given about the 19th Street bridge,
specifically, she contended that the County's EIR would
not be ready for approximately 12 to 18 months. Ms.
Remington referred,to Page 29 of the EIR regarding fire
services, and commented that 75 percent of calls to the
Fire Department are not for fires. She asked if that
fact had any influence on the statements in the docu-
ment. The Associate Planner responded that it did. Ms.
Remington referred to Page 28 of the EIR and commented
on Mitigation Measure 253, to develop standards to
minimize vulnerability to criminal activity. She felt
that Mitigation Measure 158 on Page 29, to develop a fee
or financing tool to fund additional fire and police
personnel, facilities, and equipment, should have been
more detailed. The Associate Planner stated that since
this is a General Plan, the focus is more on a policy
level as opposed to precise implementation. She added
that at this time there is an impact fee in place for
fire protection services in North Costa Mesa and has
been a condition of approval for many of the large
projects in that area. Ms. Remington was concerned
about deterioration of air quality in North Costa Mesa,
and was not satisfied with the response she received
(shown on Page E-92 of Appendix E, Response to Comments).
Vicki Endo, of Endo Engineering, the City's air quality
consultant, stated that based on pollutant measurements
taken in Costa Mesa, it appears that the City benefits
from being close to the ocean and the sea breezes tend
to lower the concentration of pollutants; however, on
the inland side of the freeway, concentrations can build
up to a more significant degree because that area does
not benefit as much from ocean breezes; nevertheless,
standards are not being exceeded.
David Palmer, 1622 Corsica Place, Costa Mesa, commented
that according to Alternative 2, the projection is for
a 13 percent traffic increase and he was unwilling to
accept that. Mr. Palmer strongly opposed both the 19th
Street bridge and Gisler bridge.
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Brahm Walker, 379 East 19th Street, Costa Mesa, objected
to the proposed General Plan and asked about funding for
the project. The City Manager responded that the
General Plan and text were prepared by the Planning
staff, except for certain technical data which was done
by outside consultants. He suggested that staff prepare
a report for Council on the cost of this process. As to
the cost of implementing the plan, the City Manager
reported that this data will be brought back to Council
in the Implementation Phase, and Council may find that
some desirable improvements may be cost prohibitive.
RECESS The Mayor declared a recess at 8:40 p.m., and the meet-
ing
eeting reconvened at 8:55 p.m.
Richard Mehren, 1824 Kinglet Court, Costa Mesa, urged
Council not to allow Orange County to hold the City
captive by withholding funds if the City were to delete
the 19th Street bridge from its Master Plan of Highways.
Mr. Mehren felt that the EIR rejects much of that which
the citizens proposed. He quoted from Pages 6 and 7 of
the Agenda Report dated October 30, 1991, which contains
a letter from Terrell Watt, and mirrored Mr. Mehren's
thoughts: "The clear and consistent message to the City
from these various sources is that residents want less
intense development and an end to traffic problems"; and
"As a practical matter, the General Plan will be an
effective guide for future development only if it has
been prepared with the active involvement of the public
and adopted with the support of broad public consensus".
Mr. Mehren asked the Council if they would give the same
weight to the General Plan which staff prepared as to
the recommendations contained in Alternatives 2 and 3.
The Mayor explained that the point of the public hearings
is to receive additional information from the community
to be considered with the existing document, and all
those things are of equal importance. She commented
that the document is based on a series of straw votes
that Council took -previously. Council Member Humphrey
stated that the straw votes were taken by the previous
Council, and he does not support the proposed General
Plan for a variety of reasons.
Vice Mayor Genis stated that it was apparent that EIR
No. 1044 is not adequate for a General Plan which
excludes the 19th Street bridge; and she asked staff
whether the document is adequate for the alternatives
recommended by the Steering Committee, and the alterna-
tives addressed in the Alternative Section. The
Principal Planner responded that in terms of land use
issues, it was his opinion that the document adequately
addresses those alternatives, but not the bridge.
Responding to Mr. Mehren's question, Council Member
Erickson stated that it is very important for Council
to listen to all comments with an open mind or it would
be a waste of time to hold the public hearings; however,
one issue of concern was that although Alternatives 2
and 3 are environmentally superior, they would not allow
for any more housing units to be constructed. He found
that to be a problem.
Dick Sherrick, 3146 Country Club Drive, Costa Mesa,
commented that this EIR does not address any impacts of
the Gisler bridge over the Santa Ana River between
Gisler and Garfield Avenues. He read from Page 155 of
the EIR, "In terms of individual intersections, Harbor
Boulevard and Gisler Avenue are most affected with ICU
values of 1.05 and 1.07 . . .". He felt this should
convince anyone that a bridge should not be constructed
over the river at Gisler Avenue, and the EIR should
address this issue. He stated that if the General Plan
includes the 19th Street bridge, he wanted Council to
take particular notice of the impacts it will have on
200 homeowners and 50 businesses because they will not
be able to sell their properties until this issue has
been resolved.
Jack Douglas, 2605 Westminster Place, Costa Mesa, asked
when discussion will be held on the Transportation Sub -
element of the General Plan. The Mayor responded that
the date for that discussion has not been set; however,
she hoped that by the next meeting on the EIR, November
13, 1991, future meetings will be scheduled. Mr.
Douglas felt hat the proposed Transportation Subelement
will negatively impact the quality of life for residents
who will pay for improvements they do not want.
Heather Somers, 313 Robin Hood Lane, Costa Mesa, asked
if Council planned on allowing 100 percent of the City
to be developed. She mentioned that approximately 270
acres on the Sakioka and/or Segerstrom properties are
to be developed north of the 405 Freeway which would
overburden traffic, noise, and pollution levels. Ms.
Somers commented that the AQMD (Air Quality Management
District) already determined that the most severe pollu-
tion levels are along the 405 Freeway in Costa Mesa.
She requested an explanation of AQMD Tier 1 Control
Measure. The Principal Planner explained that there are
three tiers: Tier 1 includes all those control measures
that seem to be technically feasible at this time; Tier
2 includes measures which are not technically feasible
at this time, but have some potential for implementation
at some future date; and Tier 3 includes those measures
which are in very early stages of research and develop-
ment but no practical, feasible technology is available
at this time. Ms. Somers asserted that the proposed 600
apartments and 1.45 million square feet of office and
retail space to be constructed on the Sakioka property
would further congest the 405 Freeway, and she could not
understand how the City or developers could warrant this
level of density. Ms. Somers was appalled at an esti-
mated traffic increase of 45 percent by the year 2010.
She urged Council to consider those alternatives which
seem to be more reasonable and environmentally superior.
Dick Sherrick, 3146 Country Club Drive, Costa Mesa,
spoke about the possibility of the County withholding
funds if the City's Master Plan of Highways did not
conform with the County's. He believed that the County
would agree to remove the Gisler bridge from its Master
Plan after making a study of existing conditions.
At the request of the Mayor, the City Manager gave a
brief history of proposals for a river crossing on
Gisler Avenue: Every Council for at least 10 years
went on record in opposition of the Gisler/Garfield
overcrossing. County staff indicated that the bridge
is not a priority project; however, the project is very
much supported by the cities of Huntington Beach and
Fountain Valley.
Don Osterlund, 329 East 19th Street, Costa Mesa, stated
that he is a new resident of the City and has heard that
residents' input has been disregarded by Council and
staff. He urged Council to respond to concerns of the
citizens, especially in regard to increased traffic.
Jeff McConville, 466 East 19th Street, Costa Mesa, was
concerned because the General Plan Steering Committee
spent so much time on obtaining citizens' input, yet it
seemed to have been ignored. Mr. McConville was in
favor of lower density.
Roy Pizarek, 1923 Whittier Avenue, Costa Mesa, requested
Council to implement the RUDAT (Regional Urban Design
Assistance Team) Study and delete the Transition Zone on
the west side. He expressed disappointment that the
19th Street bridge had not been deleted frcm the City's
Master Plan of Highways. Mayor Hornbuckle clarified
that the direction of the previous Council was to keep
the 19th Street bridge in the General Plan in order to
move the plan forward; however, she has not found much
Council support for the bridge. She stated that to
avoid losing County and State funds, it may be necessary
to retain the bridge in the plan for the present time
until the County completes its EIR. She felt that the
bridge would be found to be infeasible, that it would be
removed from the County's Master Plan of Highways, and
the City could do the same without being penalized.
Bob Bradley, 2030 Goldeneye Place, Costa Mesa, referred
to the Agenda Report of October 30, 1991, the letter
from Terrell Watt, representing Costa Mesa Residents
for Responsible Growth (Pages 6 through 12), and the
response which starts on Page 13. He noted that the
letter mentioned a lack of recognition of public input,
and on Page 13, the response is that the Urban Center
Residential designation (50 du/acre) was eliminated.
Mr. Bradley contended that this is meaningless because
Urban Center Mixed Use allows 50 dwelling units per
acre. He also opposed an FAR (Floor Area Ratio) of
0.47 including Medium Density Residential for the Home
Ranch site, because it would allow approximately 2
million square feet of commerical space, and according
to the vote on Measure "I", the public was opposed to
that intensity. In regard to "employment generation",
he felt the employment reducing alternatives were not
adequate. Mr. Bradley asked about the affect on the
City if it failed to meet the Regional Housing Needs
Assessment (RHNA) goals. The Senior Planner responded
that a requirement in the Housing Element is that it be
sent to the State Department of Housing and Community
Development (HCD). She reported that the Housing Ele-
ment of the proposed General Plan was sent to HCD and
was found to be adequate; however, staff's concern is
that if the Housing Elements of the two alternatives
are found to be inadequate, the General Plan could be
attacked by various groups as to its adequacy if it
does not comply with State law.. Mr. Bradley asked if
intersections must be mitigated individually or in
groups. The Public Services Director responded that the
EIR addresses mitigation measures to be utilized at
individual intersections in order to bring the Inter-
section Capacity Utilization into conformance. Mr.
Bradley commented that Page 18 of the October 30 Agenda
Report gives the impression that Alternatives 2 and 3
include the 19th Street bridge, which is not true. The
Principal Planner stated that Alternatives 2 and 3 are
strictly land use alternatives, and they all assume the
same basic circulation system which includes the 19th
Street bridge.
Gene Hutchins, 1808 Kinglet Court, Costa Mesa, stated
that the EIR assumes that the 19th Street bridge would
be included in Steering Committee Alternative 2; how-
ever, since the Steering Committee recommended deletion
Y 84
of .the bridge, a comparison of impacts with and without
the bridge should have been made. In comparing the
proposed EIR with the one prepared approximately two
years ago, Mr. Hutchins commented that there is a
significant difference in impacts on single-family
homes, apartments, and improvements required under
Alternative 2. He asked what caused these changes since
they seem to be negative toward the Steering Committee
plan. In regard to the housing question, the Senior
Planner reported that in looking back at the 1989 EIR
and its evaluation of reduced density Alternative 2, the
numbers for single-family are comparable. She believed
the number that Mr. Hutchins referenced was shown in a
Community Report published in 1989 and it did indicate
a higher number for single-family residences; however,
she was not able to determine the origin of that number
since it was not from the EIR. She suggested that the
brochure may have contained a typographical error. Mr.
Hutchins addressed the Executive Summary contained in
the EIR and felt that it should have contained much more
data, especially key elements of the proposed plan and
the alternatives. He submitted a four-page, condensed
report on the proposed plan and the Steering Committee
plan, and requested feedback from staff. In regard to
the Community Report, Mr. Hutchins suggested mailing a
report to the community summarizing the General Plan.
The City Manager recommended dedicating an entire page
or an entire edition of the Community Report to the
General Plan. Council Member Humphrey recommended
mailing the report in early December so the public will
have ample time to review it.
Richard Vinson, 1857 Parkview Circle, Costa Mesa,
commented that the City apparently does not have
detailed information in the EIR on the impact of the
19th Street bridge on the environment because of the
pending County EIR. The Principal Planner stated that
analysis in the EIR is very general and some of the more
specific impacts cannot be determined until the design
is developed by the County. Mr. Vinson was concerned
about the County's land use plan which shows a six -lane,
major street coming from Coast Highway and joining the
19th Street extension and bridge. He reported that the
County indicated to him that even if the bridge were not
constructed, the six -lane street would be built. He
'felt that this information should be addressed in the
City's EIR. The Public Services Director stated that he
has seen the document prepared for the development of
the Newport Oil site, and staff has -made specific
comments on it. He offered to share those comments with
Mr. Vinson. Mr. Vinson expressed concern about the
Newport Oil project not being included in the EIR, and
the Principal Planner stated that the Traffic Model did
address that development of approximately 2,642 units.
Associate Engineer Dave Sorge stated that Page 145 of
the EIR contains the data on the Bluff Road extension,
the six -lane road referenced by Mr. Vinson.
Brahm Walker, 479 East 19th Street, Costa Mesa, asked
if the EIR would be inadequate if widening of East 19th
Street were deleted, and the Principal Planner answered
that it would. In response to a question from Mr.
Walker, the Senior Planner reported that the new Hous-
ing Element would supersede the interim, existing 1988
version. Mayor Hornbuckle advised Mr. Walker that she
believed the widening of East 19th Street was also
contained in the 1981 General Plan.'
M
There being no other speakers, the Mayor concluded this
meeting, and announced that the public hearing would be
continued on November 13, 1991.
COUNCIL MEMBERS Council Member Erickson called attention to the memoran-
COMMENTS dum dated October 25, 1991, and asked staff to determine
the length of time it would take to revise the EIR with
Council Member deletion of the 19th Street bridge and reduced intensi-
Erickson ties. He suggested that Council approach the Board of
Supervisors in a personal letter stating the concerns of
the citizens and Council regarding the river crossing.
It was his understanding that if it were deleted from
the Master Plan of Highways, an appeal process could be
utilized by the City if funds were withheld. Council
Member Erickson supported the idea of having separate
hearings on the bridges. He referred to comments about
people not being able to sell their homes until some
important issues are resolved, and he was more concerned
about people not being able to improve their homes.
Mayor Hornbuckle stated that prior to contacting the
Board of Supervisors by letter as recommended by Council
Member Erickson, it may be advisable to have the City
Manager prepare a report on contacts staff has made with
the County on any concerns expressed in the past so that
Council will have some background information. The City
Manager suggested providing Council with a summary of
previous contacts with the County, as well as a draft
letter for Council review. He commented that it may be
premature to assume that the Council majority is opposed
to the bridge, although that has been clearly indicated.
In addition to sending a letter to the Board of Super-
visors, the City Manager felt it would be appropriate to
send letters to neighboring communities.
Council Member Erickson mentioned that on Page 5 of the
EIR Executive Summary, it speaks of the reduced need for
bridges when the flood hazard has been removed.
Council Member Council Member Humphrey expressed his support of mail -
Humphrey ing information on the General Plan to residents in a
timely manner, and use of the Neighborhood Community
Center for these types of meetings to allow more people
to attend. He encouraged residents to participate in
the General Plan process.
Vice Mayor Genis Vice Mayor Genis asked if it would be possible to
address downgrading of East 19th Street during the
General Plan meetings. The Vice Mayor had some ques-
tions for staff which did not require a reply at this
meeting: (1) In regard to total residential units, do
the totals reflect residences provided in mixed-use
areas? (2) Is it proposed to incorporate the EIR miti-
gation measures into the General Plan as policies?
ADJOURNMENT At 10:25 p.m., the Mayor adjourned the meeting to Novem-
ber 13, 1991, at 6:30 p.m., in the Council Chanbers of
City Hall.
Mayor op the City of Costa Mesa
ATTEST
_ _ __ City Clerk of the City of Cos a Mesa