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HomeMy WebLinkAbout08/05/2002 - City Council1 1 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA AUGUST 5, 2002 The City Council of the City of Costa Mesa, California, met in regular session August 5, 2002, 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 Mayor Pro Tem Monahan, and invocation by the Reverend Barbara Stewart, St. John the Divine Episcopal Church. ROLL CALL Council Members Present: Mayor Linda Dixon Mayor Pro Tem Gary Monahan Council Member Libby Cowan Council Member Karen Robinson Council Member Chris Steel Council Members Absent: Officials Present: None City Manager Allan Roeder Assistant City Attorney Tom Wood Development Services Director Donald Lamm Public Services Director William Morris Administrative Services Director Steve Hayman Police Lieutenant Karl Schuler Senior Planner Kim Brandt Deputy City Clerk Julie Folcik MINUTES On motion by Mayor Pro Tem Monahan, seconded by Council June 10, 2002 and Member Cowan, and carried 5-0, the minutes of the special Joint July 15, 2002 City Council/Redevelopment Agency meeting of June 10, 2002; and regular City Council meeting of July 15, 2002, were approved as distributed. ORDINANCES AND A motion was made by Council Member Robinson, seconded by RESOLUTIONS Mayor Dixon, and carried 5-0, to read all ordinances and resolutions by title only. ANNOUNCEMENT Mayor Dixon announced the intent to continue Public Hearing No. 3, Resolution implementing the maximum rate schedule for certain towing services, to the meeting of August 19, 2002; and the withdrawal from the agenda of New Business No. 2, 2002 Orange County Dyke March. PRESENTATION Mayor Dixon congratulated Dane Bora, Video Production Employee of the Coordinator; and Video Production Aides Cyndi Nguyen, Tom Month MacDuff, Jr., Brad Long, Marvin Belvin, Karl Morgan, and Guy Julian, on being named Employees of the Month for August, 2002, recognizing their commitment to the continued improvement of Costa Mesa Television Channel 74. She commended their collective effort which culminated in the their receipt of the "Star Award" for overall excellence of programming from the Southern California and Nevada Chapter of the National Association of Telecommunications Officers and Advisors. 365 PUBLIC COMMENTS Lori Hutson, Gay and Lesbian Center of Orange County, 12832 2002 Orange County Garden Grove Boulevard, Garden Grove, thanked the City, Council Dyke March Member Cowan, the City Manager, staff, and the Human Relations Committee, for meeting with their representatives on August 2, 2002, to discuss the route and costs of the march. She announced that a rally will be held at 1:00 p.m. on August 17, 2002, at Lions Park, and the march will commence at 5:00 p.m. Target Greatland Al Morelli, 3412 Geranium Street, Costa Mesa, thanked the City for Complaints following up on several complaints that he voiced at a recent Council meeting regarding the Target Greatland store on Harbor Boulevard. He reported that staff had concurred with his observations, and he showed photographs of the current violations. He asked that the City be more conscientious in tracking infractions. JWA Settlement Dee Storme, 182 Brandywyne Terrace, Costa Mesa, addressed Agreement the settlement agreement with John Wayne Airport (JWA), commenting that if the Federal Aviation Agency and Air Transportation Association do not sign off on the agreement, it is a worthless piece of paper. She felt that these two agencies are focusing on JWA, and observed that Costa Mesa is more vulnerable than before. Graham Comments Robert Graham, 3260 Dakota Avenue, Costa Mesa, showed photographs of Harbor Boulevard at the 1-405 Freeway, commenting that it is a major entrance to the City and trucks are being parked there on a regular basis. He addressed safety issues on a "user defined" path on Canary Street which is adjacent to a 15 -foot drop. He noted that the trees are dying on an Orange County Corps of Engineers project in Costa Mesa due to lack of water caused by a broken pipe, and asked the City's assistance to remedy the situation. City Council Bill Folsom, 2700 Peterson Place, Costa Mesa, commended Commendation Council for their dedication and the residents for their activism. 2002 Orange County The following Costa Mesa residents expressed objections to the Dyke March 2002 Orange County Dyke March: Eloise Ott, 3092 Loren Lane, provided copies to Council of patriotic information; Kim Whites, felt that by waiving fees, the City is subsidizing the event and it will lead to other requests for waivers; and Wayne Morse, 1139 EI Camino Drive, Costa Mesa, objected to spending time and money on "this type of organization", and noted that an article in the August 1, 2002, edition of the Costa Mesa Breeze reported that fees had been waived. Mayor Dixon observed that the first amendment right of the United States Constitution guarantees an organization free speech and the right to hold a parade along a City street. She responded to Ms. Whites by stating that the City did not waive the fees. Speaking in support of the Dyke March were Costa Mesa residents Sue Smith, 1913 Lanai Drive, chairman of the Costa Mesa Human Relations Committee, commended Council and staff for working with those involved in the march, and was honored that Costa Mesa was chosen as the site; Al Alvarez, 1845 Monrovia Avenue, vice chairman of the Costa Mesa Human Relations Committee, read a letter from the Committee; and Paul Flanagan, 3090 Bali Circle, commented that the right to assemble, to demonstrate, and to protest are marks of a free and democratic society which are guaranteed under the first amendment of the Constitution. 1 1 1 1 1 2002 Orange County Robin Leffler, 3025 Samoa Place, Costa Mesa, felt that the title of Dyke March the activity, "Dyke March", is intended to provoke, and expressed concern that the item had been removed from the agenda without disclosure of what has been approved and the City's reasoning. She asked what discounts, street closures, times and durations have been approved. She inquired if the same concessions will be granted, as a routine policy, to other groups with similar requests. The City Manager suggested that the actual permit for the Dyke March, including the attachments, be placed on the City's website, with hard copies available in the City Clerk's office. Gang Activity John Feeney, 1154 Dorset Lane, Costa Mesa, reported on the gang activity in his neighborhood, and indicated that it has become so prevalent that it is no longer reported in the newspaper. He felt that the Police Department did what they could but suggested that the City's "soft on gangs" attitude be changed. CHOC/School District Mike Berry, 2064 Meadow View Lane, Costa Mesa, member of the Clinic at Rea School Westside Improvement Association (WIA), commented that at the August 13, 2002, meeting of the Newport -Mesa Unified School Board of Directors, a proposed clinic to be located at the Rea School site, in conjunction with the Children's Hospital of Orange County (CHOC), will be discussed. He observed that the WIA has worked to curb the charities on the west side, and asked the City's assistance. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, opposed placing a clinic at the Rea School site, commenting that the area is residential. He raised the following concerns: why did the School District "spring" this at the last minute without involving the City Council; why were the public and the community in the immediate area not notified of the proposed site; why is an alternative location not being discussed; and why are there no traffic or impact reports on how this will affect the community. Mayor Dixon, Council liaison to the School Board, clarified for Mr. Mansoor that she had not been advised of this proposal by members of the School District. She agreed that health care for children is important, however based on the information available at this time, she felt that a medical clinic, which is a commercial use, is incompatible with a residential neighborhood. She indicated that if a medical clinic were presented, at a minimum it would require rezoning, a conditional use permit, and possibly a general plan amendment. Mayor Dixon emphasized that she had suggested to the School District that community meetings be held on the subject. Council Member Robinson, Council liaison to the School Board, confirmed that the CHOC facility at Rea School had not been an agendized item at any of the School Board meetings nor has it ever been discussed with herself or Mayor Dixon prior to it being raised at'the School Board meeting and voted upon. She reported that she had asked the Board, in the future, to agendize anything of this nature so that it may be brought to the attention of City Council for input from Council and the community. She and Mayor Dixon had urged the Board to hold community meetings prior to their next vote on this issue, and Council Member Robinson encouraged citizens to attend the School Board meeting on August 13, 2002. r v a CHOC/School District John Rule, 215 East 23rd Street, Costa Mesa, observed that the Clinic at Rea School School District is not required to utilize the City's building permit process for the CHOC clinic at Rea School. The City Manager confirmed that Mr. Rule was correct in terms of the jurisdiction over design and architectural improvements at their school sites, but noted that when the District chooses to lease a portion of its property for use other than education, it comes under the City's land use and zoning requirements. City Vehicle Adver- Campbell Davidson, 1982 Arnold Avenue, Costa Mesa, opposed tising the proposed free clinic at Rea School, which would increase foot and motor traffic, increase trash, and limit parking. He asked when City vehicles started to carry advertising for private businesses. The Public Services Director responded that the City has participated in the advertising program for several years, and monies generated are directed to arts programs. He explained the program. Costa Mesa Job Craig Stevens, 1845 Anaheim Avenue, Apt. 6D, Costa Mesa, Center objected to Costa Mesa Job Center workers not being citizens, and employers not being held responsible for them. He encouraged illegal aliens to become citizens. West Side Traffic Rich Reiser, 2070 National Avenue, Costa Mesa, reiterated his request for additional police officers to be assigned to the west side of Costa Mesa. He asked that unpainted crosswalks be marked, and reported that on Thursday, August 1, 2002, at the intersection of Pomona Avenue and 19th Street, he observed a 93 - year -old woman unsuccessfully attempt to cross the street on a green light. Mayor Dixon replied that the City has investigated, this situation recently, and asked to Public Services Director to confirm the findings. Marina View Park Mrs. Buck, who resides on West 19th Street, observed that children play on the slopes in Marina View Park which she believes is dangerous. She suggested posting notices on the slopes, as well as constructing barriers. Concerts in the Park Beth Refakes, 320 Magnolia Street, Costa Mesa, complimented the City on their Concert in the Park series which had been held at Fairview Park at 6:15 p.m. on six consecutive Tuesday evenings. Lighthouse Coastal She addressed the conditions of approval for the Lighthouse Community Coastal Community Church (PA -00-56), stating that the trash bins have not been enclosed in accordance with the conditions of approval. Mayor Dixon replied that staff will investigate. Concerts in the Park Dave Goss, 2021 Kornat Drive, Costa Mesa, complimented the City on the Concert in the Parks series. He reported that he had participated in the kite -flying event prior to the concert at Fairview Park on Tuesday, August 30, 2002. Dyke March Waiver Janice Davidson, 1982 Arnold Avenue, Costa Mesa, thought that a waiver of fees for the parks should be granted for everyone, not just participants in the 2002 Orange County Dyke March. She West Side Redevelop- reported that she had attended a meeting with the facilitators for ment the west side redevelopment, and the public was not given the opportunity to speak. Mayor Dixon replied .that the City had hired the facilitator to be instrumental in the way that the meetings are conducted. 1 1 1 O Jeffrey Childs, 1139 Aviemore Terrace, Costa Mesa, spoke about freedom and the American way of life, clarifying that he did not believe in giving special groups special rights. Motion to Allow Sandy Ward, a Costa Mesa resident, asked to speak on an item Comments on Agenda that is on the agenda. A motion was made by Council Member Item Died Steel to allow Mr. Ward to speak. The motion died for lack of a second. CONSENT The following item was removed from the Consent Calendar: Item CALENDAR No. 7, Agreement with Praedium, Inc., for engineering services to design the rehabilitation of ten streets and one unimproved alley. MOTION/Approved On motion by Council Member Cowan, seconded by Council Except Item No. 7 Member Robinson, 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: Stacia Bekemeyer; Michael Angelo Lopez; Fernando Pena; Nigel Reynolds; Sabin Stewart; and John Van Valkenburg. Public Utilities Southern California Gas Company filed Application No. 02 -07 - Commission 001 with the Public Utilities Commission seeking approval of its Low Income Energy Efficiency (LIEE) and California Alternate Rates for Energy (CARE) programs and budgets for Program Year 2003. WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1910, funding City operating expenses for 1910 $1,251,595.05. Approved Warrant Warrant Resolution 1911, funding Payroll 215 for 1911 /Payroll 215 $1,921,863.51, and City operating expenses for $1,533,551.03. Approved Warrant Warrant Resolution 1912, funding City operating expenses for 1912 $1,514,868.73. ADMINISTRATIVE The two-year extension of an agreement with Atlas Environmental ACTIONS/Approved Engineering, Inc., 5122 Bolsa Avenue, Suite 107, Huntington Extension of Agree- Beach, was approved for additional site monitoring and reporting ment with Atlas services regarding site cleanup of an underground fuel leak at the City's Corporation Yard on February 2, 1998, as required by the Orange County Health Care Agency, in an amount not to exceed $35,000.00 each year as needed. Approved Second The second amendment to an agreement with A.C.T., 937 South Amendment to Via Lata, Suite 500, Colton, was approved for $131,438.00, to Agreement with provide support services and enhancements to the City's A.C.T. for G.I.S. Geographic Information System (G.I.S.); and the City Manager and Support Services Deputy City Clerk were authorized to sign on behalf of the City. Adopted Resolution Resolution 02-55 was adopted: A RESOLUTION OF THE CITY 02-55,. Approving COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Agreement with APPROVING THE AFFORDABLE HOUSING AND HOME Civic Center Barrio INVESTMENT PARTNERSHIP AGREEMENT BETWEEN THE Housing Corporation CITY OF COSTA MESA AND CIVIC CENTER BARRIO HOUSING CORPORATION, INC., AND MAKING CERTAIN OTHER FINDINGS IN CONNECTION WITH THE PROJECT. ®1' 11 Accepted Work by Storm drain improvements at 475 Anton Boulevard were Experian for Storm completed to the satisfaction of the Public Services Director by Drain Improvements Experian Information Solutions, 2030 Main Street, Suite 350, at 275 Anton, Irvine, in connection with Encroachment Permit No. PS00-00463 EP PS00-00463 (PA -00-02). The work was accepted, and the bonds were ordered (PA -00-02) exonerated. Accepted Work by Replacement of Wood Support Posts at the Balearic Center, Jet Construction Project No. 02-07, was completed to the satisfaction of the Public for Replacement of Services Director on July 2, 2002, by Jet Construction, Inc., 3124 Wood Support Posts San Luis Rey Road, Oceanside. The work was accepted; the at Balearic Center, Deputy City Clerk was authorized to file a Notice of Completion; Project No. 02-07 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. Accepted Work by Canyon Park Flood Protection and Parkway Concrete Repair and S. Parker Engineering New Sidewalk, Project No. 01-07, was completed to the for Canyon Park satisfaction of the Public Services Director on July 26, 2002, by S. Flood Protection and Parker Engineering, Inc., 10059 Whippoorwill Avenue, Fountain New Sidewalk, Valley. The work was accepted; the Deputy City Clerk was Project No. 01-07 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. Accepted Work by Wilson Street Traffic Signal Installation at KMart/Home Depot, Baxter -Griffin for Project No. 02-06, was completed to the satisfaction of the Public Wilson Street Traffic Services Director on July 3, 2002, by Baxter -Griffin Co., 8210 Signal, Project No. Monroe Avenue, Stanton. The work was accepted; the Deputy 02-06 City Clerk was 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. Agreement with Item No. 7 on the Consent Calendar was presented: Agreement Praedium for Design with Praedium, Inc., for engineering services to design the of Ten Streets and rehabilitation of ten streets and one unimproved alley. The Public One Alley Services Director provided a report on the upcoming street repairs. MOTION/Approved On motion by Mayor Pro Tem Monahan, seconded by Council Agreement Member Cowan, and carried 5-0, the agreement was approved with Praedium, Inc., 2030 Main Street, Suite 1300, Irvine, in an amount not to exceed $260,560.00, and the Mayor and Deputy City Clerk were authorized to sign on behalf of the City. RECESS The Mayor declared a recess at 7:50 p.m., and reconvened the meeting at 8:05 p.m. PUBLIC HEARING The Deputy City Clerk announced the public hearing, continued Appeal of ZA-01-63, from the meeting of July 1, 2002, to consider applications from Clark Council Member Steel, and from Jerry Murray, 1133 Gleneagles Terrace, Costa Mesa, appealing the Planning Commission's decision to uphold the Zoning Administrator's approval of Planning Application ZA-01-63 for John Clark, for a second story addition to an existing single-family house, in conjunction with an expansion and remodel of the first floor, located at 1167 Aviemore Terrace in an R1 zone. Environmental Determination: Exempt. 371 Communications in opposition to the project were received from Costa Mesa residents Stephen J. Pew, 1.157 Gleneagles Terrace; Christine S. O'Connor, 1128 Gleneagles Terrace, Architectural Control Committee member; Sonia Leib and Paul Abels, 1160 Gleneagles Terrace; and Paula Litten, 1161 Gleneagles Terrace. Communications were received in support of the project from Patricia Clark, 3400 Avenue of the Arts, Suite 204, Costa Mesa; John T. and Deborah L. Clark; 1167 Aviemore Terrace, Costa Mesa; Robert Reeder, 1131 and 1127 Aviemore Terrace, Costa Mesa; and W. E. Coburn, 1180 Gleneagles Terrace, Costa Mesa, member of the Marina Highlands Association Architectural Design Committee. The Development Services Director reviewed the Agenda Report dated July 25, 2002, and responded to questions from Council. He indicated that the owners of the property had recently contacted staff requesting that the proposed height be increased by two additional feet. Council Member Steel reviewed his reasons for appealing the application, observing that the issues involve neighborhood harmony and privacy, as much as the view. He mentioned that communications he recently received from Olive Maxwell and from Steven Pew were well worth reading. James H. Casello, Attorney at Law, 1551 South Tustin Avenue, Suite 850, Santa Ana, representing the applicant, reported that the objecting property owners are assuming that they have a right to their view of the ocean and believe that they have control over the property in between. He stated that the California courts have consistently rejected this reasoning. He observed that this would only be possible if there is an agreement between the parties involved, if it were included in the homeowner association regulations, or by City ordinance. He urged Council to uphold the Planning Commission's decision that the project is compatible with the neighborhood. Joseph Davis, Attorney at Law, 1845 Mesa Verde Drive East, Suite 5, Costa Mesa, representing Paula _ Litten, 1161 Gleneagles Terrace, Costa Mesa, thanked Council for continuing this item, and asked that it be denied. He said that the decision should be based on the concept of compatible neighborhoods, commenting that there is only one two-story home in the entire terraced area. Mr. Davis did not believe the City needed a view ordinance, and reported that the homeowners had received a letter from an attorney, prior to purchase, advising them that a second story is not,compatible with the neighborhood. The following persons spoke in support of Planning Application ZA- 01-63: Judith Clark, 20952 Beachwood Lane, Huntington Beach, read a letter from Dan Hakala, 1159 Aviemore Terrace, a member of the Architectural Control Committee for the Marina Highlands Association, which stated that the project will be in harmony with the neighborhood as planned; Patrick Clark, 3400 Avenue of the Arts, Suite C204, Costa Mesa, observed that the addition conformed to the laws of the City and was approved by the Zoning Administrator and Planning Commission, the homeowners association has not been active for over 13 years, and denying the request will affect the property's value; Jim Beres, 21082 Greenboro Lane, Huntington Beach, showed photographs which illustrated that there is a tree which blocks neighborhood views more than the proposed addition; Jennifer Awad, 2674 Orange Avenue, No. C2, Costa Mesa; Linda Herold, 2674 Orange Avenue, No. C2, Costa Mesa; Keith Awad, 2674 Orange Avenue, No. C2, "i Costa Mesa; Jeffrey Childs, 1139 Aviemore Terrace, Costa Mesa, felt that residents have the right to add to their homes, and felt that a "view" is a privilege; and Robert Reeder, 1131 Aviemore Terrace, Costa Mesa, felt that although some of the views would be restricted, they would not be completely eliminated. Marcia Livingston, 16871 Sims Street, Huntington Beach, read a letter from Mike Morris, a broker with Star Real Estate, reminding Mr. Clark of the "due diligence" he, Mr. Morris, performed during the purchase of the home to determine whether or not there was an active association governing the subdivision and found none with authority over changes made to the home. Sonia Leib Abels, 1160 Gleneagles Terrace, Costa Mesa, stated that the project was incompatible with the topography of the Marina Highlands housing development, and felt -that it violates the Costa Mesa ordinance disallowing the construction of "monster homes" which are out of scale and character with the surrounding neighborhood. Motion to Extend A motion was made, by Council Member Steel to extend the Time Died speaking time of Mrs. Abels. The motion died for lack of a second. The following persons opposed the Aviemore Terrace second -story addition: Terry Douglass, 1149 Sea Bluff Drive, Costa Mesa, disputed information received by the Planning Commission which revealed that there were six homes in the area with two-story additions, and felt that approval of the application will affect property values; Geraldine Colson, 1143 Gleneagles Terrace, Costa Mesa, observed that approval of this application would set a "terrible precedent"; Paula Litten, 1161 Gleneagles Terrace, Costa Mesa, showed photographs illustrating the views from several homes on Gleneagles Terrace; Pauline Weaver, 2066 Valley Road, Costa Mesa; Evelyn Winter, 1140 Gleneagles Terrace, Costa Mesa, stated that she had purchased two-story home on the north side of the street for the view, and commented on the congenial and friendly atmosphere in the neighborhood; Olive Maxwell, 1144 Gleneagles Terrace, Costa Mesa, observed that the addition would diminish property values of neighboring properties, and asked that any addition to this property be limited to one story; Paul Abels, 1160 Gleneagles Terrace, Costa Mesa, maintained that the intended changes will jeopardize the 40 -year long stability in the community, and believed that the statements regarding compatibility and harmony provide a basis for making the right decision; Marilyn Douglass, 2249 Sea Bluff Drive, Costa Mesa, quoted the last sentence of Costa Mesa Municipal Code Section 13-29 relating to approval of additions, "and would not be materially detrimental to other properties within the area.", and Section 13-29.5(a) which dealt with the protection of the integrity of neighboring developments; Scott Douglass, 1149 Sea Bluff Drive, Costa Mesa, felt that the proposed 'addition would negatively impact most of the neighborhood, obstructing the ocean views of many of the homes and thus affecting property values, and asked Council to consider the good of the neighborhood; Ryan Litten, 3527 Lees Avenue, Long Beach; Stephen Pew, 1157 Gleneagles Terrace, Costa Mesa, commented that his view and property value will be significantly impacted by approval of the proposed development, and asked Council to protect the character of the neighborhood; the resident at 1147 Aviemore Terrace, Costa Mesa; Nancy Dunton, 1136 Gleneagles Terrace, Costa Mesa, suggested that the second story be built down into the bluff; and Jay Litten, 1161 Gleneagles Terrace, Costa Mesa. 77, 1 fl LJ Christine O'Connor, 1128 Gleneagles Terrace, Costa Mesa, indicated that Dan Hakala, in his support of the project, is not speaking for the Architectural Control Committee but as an individual, noting that the Comm'ittee's majority vote was against the proposed second story. She stressed that the height of the chimney would affect views, and commented that Mr. Clark did not submit his plans to the Committee. Robin Leffler, 3025 Samoa Place, Costa Mesa, did not feel that a view ordinance was necessary to arbitrate this issue, believing that the current zoning codes address compatibility, neighborhood character, harmony; and scale. She felt that allowing a two-story addition to block the planned views of nearby properties creates a finding that the proposal is not compatible to scale and character. Gail Hall, 1147 Gleneagles Terrace, Costa Mesa, suggested that this be turned around into "something good for everyone." There being no other speakers, the Mayor closed the public hearing. MOTION/Adopted A motion was made by Mayor Pro Tem Monahan, seconded by Resolution 02-56 Council Member Cowan, and carried 5-0, to adopt Resolution 02- 56: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DENYING MINOR DESIGN REVIEW ZA-01-63, with the findings that the project is not harmonious and compatible under Costa Mesa Municipal Code Sections 13-29(e), 13-29(g)(14), and 13-34(c). Mayor Pro Tem Monahan commented that it is difficult to deny PUBLIC HEARING The Deputy City Clerk announced the public hearing, from the Storage of Inoperative meeting of July 1, 2002, to consider an ordinance amending the Vehicles on Private regulations contained in Title 20 of the Costa Mesa Municipal Code Property relating to the storage of inoperative vehicles on private property. Environmental Determination: Exempt. The Senior Planner reviewed the Agenda Report dated July 29, 2002, and responded to questions from Council. what the applicant believes is the right of someone to add onto their home, and observed that he has seen more compatible projects denied due to the fact that they are "incompatible". He did not "buy" the view argument, believing the issue is whether the addition is harmonious with other buildings in the neighborhood. Council Member Robinson supported the motion, stating that one of her reasons for running for City Council had been a second - story addition in the Mesa Verde area where the home was out of scale, out of character, not compatible, and violated Section 13- 29(g), yet had been approved by Council. She did not feel that the proposed addition was neither compatible nor harmonious with the surrounding properties, and agreed with Mayor Pro Tem Monahan that the issue is compatibility, not view. Council Member Steel supported the motion, commenting that he looked forward to the study session where a "view ordinance" will be discussed. Mayor Dixon supported the motion, noting that at a previous meeting, it had been determined that the residents in a community would participate in discussions and their opinions would be respected by Council. She felt that the project is not appropriate for this area, being out of scale and out of character with the surrounding community. RECESS The Mayor declared a recess at 9:50 p.m., and reconvened the meeting at 10:00 p.m. PUBLIC HEARING The Deputy City Clerk announced the public hearing, from the Storage of Inoperative meeting of July 1, 2002, to consider an ordinance amending the Vehicles on Private regulations contained in Title 20 of the Costa Mesa Municipal Code Property relating to the storage of inoperative vehicles on private property. Environmental Determination: Exempt. The Senior Planner reviewed the Agenda Report dated July 29, 2002, and responded to questions from Council. 00',4 Mayor Pro Tem Monahan referred to Table 20-6(c), Page 18 of the Agenda Report, noting the recommendation to separate inoperative vehicles from wrecked or dismantled vehicles. The Senior Planner stated that this was originally a Planning Commission recommendation and both associations agreed to the change. Council Member Cowan thought there should be alternative, ways other than prohibiting the storage of cars, which would protect the rights of residents to work on cars or store "special" vehicles. Mitch Barrie, 227 Magnolia Street, Costa Mesa, supported the "Alternative Inoperative Vehicle Storage Locations", Attachment 3 to the Agenda Report, stating that the current law is not intrusive to car hobbyists. He addressed the alternative proposal which, even with the proposed relaxation of the law, would still protect the City from neighborhood deterioration and blight, stating that even if the wrecked vehicles were removed, the property would remain filthy, neglected, weed filled, and subject to citation. He supported relaxation of the current law. Tauward Lee, 904 West 19th Street, Costa Mesa, supported the changes to the ordinance, commenting that unreasonable restrictions can be revisited and changed. William Perkins, 1300 Adams Avenue, No. 11 P, Costa Mesa, stated his concern for the conditions as shown in the photographs but supported the alternatives since the ordinance should not prevent residents from' pursuing their hobbies. Robin Leffler, 3025 Samoa Place, Costa Mesa, stated that she is not concerned about backyard conditions unless there is a health hazard or it is visible and a blight on the neighborhood. She thanked Council for the actions regarding the new RV ordinance, and mentioned a 'condition in her neighborhood which is not covered by the new codes. John Feeney, 1154 Dorset Lane, Costa Mesa, reiterated his complaints about the "Fillmore slum" and neighborhood gangs. He asked Council to deal, with the "real" problems in the City and to leave the car owners alone. Bonnie Copeland, 904 West 19th Street, Costa Mesa, supported the alternative options. Beth Refakes, 320 Magnolia Street, Costa Mesa, supported retaining the current ordinance which requires inoperative vehicles to be stored in a closed building. She indicated that storing the vehicles outdoors creates a health and safety hazard, and residents of two-story homes should not be required to overlook a junkyard. Dave Goss, 2021 Kornat Drive, Costa Mesa, supported the alternative proposal, noting that it is a more reasoned and balanced option which provides the needed protections against blight and health and safety issues. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, agreed with the alternatives and the prior comments made by Mr. Feeney. IL Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, suggested that if the condition of the next-door neighbors yard is objectionable, planting an Italian Cypress or other type of tree could block the view. She felt that the City is "getting carried away", commenting that the state of the yard is the owner's business. Wayne Morse, 1139 EI Camino Drive, Costa Mesa, cautioned care in declaring a vehicle inoperative, and questioned why the vehicle must be parked on a paved area. He proposed a better definition of terms so as not to "step in areas where you don't belong." Paul Wilbur, 312 Magnolia Street, Costa Mesa, felt that the ordinance addresses private yards and not inoperative vehicles. There being no other speakers, the Mayor closed the public hearing. MOTION/Gave A motion was made by Mayor Pro Tem Monahan, seconded by First Reading to Council Member Cowan, and carried 5-0, to approve the Ordinance 02-16 alternative in Table 20-6(c) with the addition of "permitted" on Parts (a) and (b) for wrecked or dismantled vehicles, and to give first reading to Ordinance 02-16, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 20 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE STORAGE OF INOPERATIVE VEHICLES. Second reading and adoption are scheduled for the meeting of August 19, 2002. Mayor Pro Tem Monahan commented that he liked the alternative, and opposed sending Code Enforcement into private backyards. Council Member Robinson asked the maker of the motion if staff would add a definition of wrecked or dismantled vehicles to aid Code Enforcement officials. Mayor Pro Tem Monahan replied that he would expect them to do that. PUBLIC HEARING The Deputy City Clerk announced that this is the time and place Towing Services :.. _ set for the public hearing to consider -a resolution implementing the maximum rate schedule for certain towing services pursuant to Section 9-284(a) of the Costa Mesa Municipal Code: an agreement with G & W Towing, 965 West 18th Street, Costa Mesa, for Police towing services; and an agreement with MetroPro Road Services (formerly Harbor Towing), 1022 East Chestnut Avenue, Santa Ana, for Police towing services. Mayor Pro Tem Monahan announced his intent to abstain from the vote on this item. MOTION/Continued On motion by Council Member Cowan, seconded by Council to August 19, 2002 Member Robinson, and carried 4-0, Mayor Pro Tem Monahan abstaining, the public hearing was continued to the meeting of August 19, 2002. OLD BUSINESS The Deputy City Clerk presented, from the meeting of July 15, Residential Chain 2002, second reading and adoption of Ordinance 02-14, relating to Link Fencing the amortization of residential chain link fencing visible from a public street or alley. MOTION/Adopted On motion by Council Member Robinson, seconded by Mayor Ordinance 02-14 Dixon, and carried 4-1, Mayor Pro Tem Monahan voting no, Ordinance 02-14 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLES 13 AND 20 OF THE COSTA MESA MUNICIPAL CODE RELATED TO THE AMORTIZATION OF RESIDENTIAL CHAIN LINK FENCING VISIBLE FROM A PUBLIC STREET OR ALLEY. OLD BUSINESS The Deputy City Clerk presented from the meeting of July 15, RV Ordinance 2002, second reading and adoption of Ordinance 02-15, regarding the parking of commercial, oversized, and non -motorized vehicles on City streets. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, congratulated Council on the RV ordinance but doubted that it would make a difference. She provided an example by using a vehicle which has been parked in her neighborhood. Vickie Moore, a Mesa Verde resident, addressed the restriction against unattached vehicles parked on a residential street, commenting that these vehicles are utilized the same as an RV or motorhome and a problem is created when the towing vehicle is also used for work .and general transportation. She suggested the following modification to Section 1(d)(1): "In residential districts, large motor vehicles, recreational house trailer non -motorized vehicles or, non -motorized vehicles attached to a motor vehicle...". Gina Goldwag, 2021 Balearic Drive, Costa Mesa, thanked Council and staff for their work on the ordinance. Robin Leffler, 3025 Samoa Place, Costa Mesa, asked about a trailer, with or without a car, hooked up to a pickup truck. The Police Lieutenant replied that it would depend on the length, width, and height of the vehicle. Beth Refakes, 320 Magnolia Street, Costa Mesa, stated her preference for a 24-hour time limit but felt that the new restrictions will provide major relief. She approved of the ordinance being Citywide, requiring the vehicle to be parked adjacent to the owner's residence, and forcing the owner to move the RV onto private property or outside the City limits for at least 48 hours at the end of the permitted time. She felt that this should greatly improve the overall appearance of the City. Dennis Patterson, Darrell Street, Costa Mesa, thought that the ordinance provides the best compromise between regulators and RV owners but notified Council that the ordinance is against the law. He quoted excerpts from the State of California constitution and the United States constitution, and stated that the California Vehicle Code currently allows for the 72 -hour parking limit. Frank Leingang, 3368 California Street, Costa Mesa, secretary/treasurer 'of the Costa Mesa Recreational Vehicle Owners Association, thanked the Police Lieutenant for meeting with the RV owners, and supported the ordinance. Dave Goss, 2021 Kornat Drive, Costa Mesa, president of the Costa Mesa Recreational Vehicle Owners Association, asked that the previously referred'to travel trailer issue be investigated. MOTION/Adopted On motion by Council Member Cowan, seconded by Mayor Dixon, Ordinance 02-15 and carried 5-0, Ordinance 02-15 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING AND REPLACING SECTION 10-185 OF THE COSTA MESA MUNICIPAL CODE REGARDING THE PARKING OF COMMERCIAL, OVERSIZED AND NON -MOTORIZED VEHICLES 1 1 ON CITY STREETS AND REPEAL AND REPLACEMENT OF OTHER AFFECTED SECTIONS OF THE COSTA MESA MUNICIPAL CODE, in accordance with the memorandum from the City Attorney's office dated August 5, 2002, directing staff to verify if the State of California Vehicle Code calls "house trailers out separately", and "look into being able to better define and add it." OLD BUSINESS The Deputy City Clerk presented from the meeting of March 18, AT&T Broadband 2002, AT&T Broadband customer service issues. The Administrative Services Director reviewed the Agenda Report. Council Member Steel, referring to the statistics prepared by AT&T, asked why the breakdown is not specific to Costa Mesa, listing the number of complaints filed by Costa Mesa residents. The Administrative Services Director responded that AT&T's system is regional based, and staff has received a reduced number of complaints as compared to previous years. MOTION/Received A motion was made by Council Member Cowan, seconded by and Filed Council Member Robinson, and carried 5-0, to receive and file the report. RECESS The Mayor declared a recess at 11:05 p.m., and reconvened the meeting at 11:10 p.m. NEW BUSINESS The Deputy City Clerk presented a request from Sav-On, 1835 Sav-On ABC License Newport Boulevard, Suite C (Courtyard Shopping Center), for a public convenience or necessity finding for the pre -approval of a Type 21 ABC license (off -sale general) to replace an existing Type 20 ABC license (off -sale beer and wine). The Development Services Director reviewed the Agenda Report dated July 24, 2002. Roger Watson, Post Office Box 659, Tustin, owner of WCDS, Inc., representing Sav-On, explained that the store will be expanding from an "express" to a full-size Sav-On and will carry a full line of alcoholic beverages. He defined the security features of the new operation. Mayor Dixon asked if Mr. Watson had attempted to purchase the existing license from Whole Foods Market who is leaving Costa Mesa. Mr. Watson responded in the negative, stating that the ABC has asked that they exchange their Type 20 for a Type 21. Janice Davidson, 1982 Arnold Avenue, Costa Mesa, opposed the change in license and challenged Council to cease granting additional ABC licenses in the City. Motion to Approve A motion was made by Mayor Pro Tem Monahan, seconded by Failed to Carry Council Member Cowan, to make a finding of public convenience or necessity allowing Sav-On to exchange their Type 20 ABC license for a Type 21 ABC license. Mayor Pro Tem Monahan explained that if this request were for an upgrade of a liquor store on 19th Street, the scenario would be different. He observed that Sav-On is a responsible company who wishes to double the size of their operation in the Courtyards. Mayor Dixon opposed the motion, stating that Sav-On should attempt to purchase the ABC license from Whole Foods Market. The motion failed to carry 3-2, Mayor Dixon, Council Member Robinson, and Council Member Steel, voting no. Mayor Dixon suggested that Mr. Watson contact Whole Foods Market. NEW BUSINESS The Deputy City Clerk presented a request to reject the proposal Janitorial Services from Bell Building Maintenance Company for janitorial services, and select one of the following options: Award contract to United Maintenance Systems, 2140 West Olympic Blvd., Suite 401, Los Angeles, in an annual amount of $205,372.08, without any City -specified minimum salary and benefit levels, other than those required by law. Award contract to United Maintenance Systems, for $241,169.52, including a City -specified alternative level of salary and benefits to meet the intent of providing a "living wage". The Public Services Director reviewed the Agenda Report. Mayor Pro Tem Monahan requested that the two top bidders, United Maintenance Systems and Janico, provide written proposals and make a presentation to Council. He declared his interest in Janico because their qualifications are better and they are local to Costa Mesa. The Public Services Director cautioned that if Janico were awarded the contract this evening, as suggest by Council Member Cowan, sufficient funds are not budgeted for this fiscal year. Council Member Cowan observed that by providing a "living wage", the City is indicating that they believe in the value of their employees. Traci Hibbs, representing U.S. Metro Group, 3700 Wilshire Boulevard, Suite 1070, Los Angeles, a privately owned minority business and the present contract holder, pointed out that the bid is $40,000.00 higher than the U.S. Metro bid. She asked that their contract be renewed. Katrina Foley, 2778 Lorenzo Avenue, Costa Mesa, asked why a copy of all the bids were not attached to the Agenda Report, and suggested that "vacation days" in the contract be changed to "personal time off'. She asked if "sick pay" had been considered, and asked about the health care plan. Council Member Cowan replied that the plan is an HMO. Paul Wilbur, 312 Magnolia Street, Costa Mesa, hoped that this recommended company would not subcontract the work. He appreciated Council's concern for the industry. Allan Mansoor, 2973 Harbor Boulevard, No. 406, Costa Mesa, thought it was commendable to investigate the "living wage" but thought the wage should be determined between the employer and employee, not by the City. He felt that Council's obligation is to their constituents. Motion to Award to A motion was made by Council Member Steel to reject the Bell United Maintenance Building Maintenance Company proposal as non-responsive, and Systems Died to award the 3 -year contract to United Maintenance Systems. The motion died to lack of a second. MOTION/Rejected A motion was made by Mayor Pro Tem Monahan, seconded by Bell Building Mainte- Council Member Cowan, and carried 4-1, Council Member Steel nance Bid; Approved voting no, to reject the proposal from Bell Building Maintenance Alternative (b) Company for janitorial services, and to approve Alternative (b), a City -specified alternative level of salary and benefits to meet the intent of providing a "living wage". 1 1 I� C5 4 MOTION/Awarded A motion was made by Mayor Pro Tem Monahan, seconded by Contract to Janico Council Member Cowan, and carried 4-1, Council Member Steel voting no, to awarded the contract to Janico Building Maintenance, Inc., 3001 Red Hill Avenue, Building 4, Suite 120, Costa Mesa. Mayor Dixon asked if the "personal days" in lieu of "vacation days" could be negotiated. The Public Services Director answered in the affirmative. NEW BUSINESS The Deputy City Clerk presented a resolution for summary Vacation of Ease- vacation of excess right-of-way easement in conjunction with the ment, Avenue of the construction of Avenue of the Arts offramp. The Public Services Arts Director reviewed the Agenda Report. MOTION/Adopted On motion by Mayor Pro Tem Monahan, seconded by Council Resolution 02-57 Member Robinson, and carried 5-0, Resolution 02-57 was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,- CALIFORNIA, FOR SUMMARY VACATION OF EXCESS RIGHT-OF-WAY EASEMENT IN CONJUNCTION WITH THE CONSTRUCTION OF AVENUE OF THE ARTS OFFRAMP. NEW BUSINESS The Deputy City Clerk presented appointments to the Cultural Arts Cultural Arts Commit- Committee. The Administrative Services Director summarized the tee Appointments Agenda Report. MOTION/Appointed On motion by Council Member Cowan, seconded by Council Sakioka and Kastner Member Steel, and carried 5-0, Phyllis Sakioka and Diane Kastner were appointed regular members of the Cultural Arts Committee for two years terms expiring in August, 2004. NEW BUSINESS The Deputy City Clerk presented a request from Council Member Request for Commun Cowan in support of a Community Memorial for September 11th. ity Memorial Council Member Cowan outlined the reasons for her request as contained in the Agenda Report dated August 2, 2002. Doug Sutton, 2739 Canary Drive, Costa Mesa, encouraged Council to utilize this program to forward education. He read an excerpt from a Los Angeles Times editorial regarding the influence of civic leaders on education. MOTION/Gave A motion was made by Council Member Cowan, seconded by Directions to Staff Council Member Steel, and carried 5-0, to direct staff to prepare a simple community event for September 11, 2002, involve school- age children, consider holding the event at the Orange County Fairgrounds, invite a few interfaith speakers, perhaps invite a high school band to play, and utilize as many of the Costa Mesa Fire Department and Police Department color guards as possible, setting aside a nominal amount of funding for advertising. Mayor Pro Tem Monahan asked Council Member Cowan if she would consider working with staff on the event, and she agreed. He asked staff to ensure that security is "real tight". NEW BUSINESS The Assistant City Attorney introduced a request for direction Home Ranch Educa- regarding the Home Ranch Development Agreement - Educational tional Advancement Advancement Contribution, and reviewed the Agenda Report dated Contribution August 2, 2002. Council Member Cowan suggested forming an ad hoc committee with two Council Members, City staff, representatives from both of the proposed foundation boards, and representatives from C. J. Segerstrom and Sons. David Wilson, C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, confirmed that they would be pleased to participate in an ad hoc committee. Chuck Cassity, 2866 Boa Vista Drive, Costa Mesa, representing the Board of Directors of the Estancia and TeWinkle Schools Foundation to be formed for the purpose of receiving and managing the contribution made available through the Home Ranch project informed Council that they are flexible regarding issues raised and will attempt to reach a consensus. He indicated that they will welcome working with the Council subcommittee, and will attempt to ensure that the dollars are put to the best use for the education of Costa Mesa students. Chris Ludlow 1915 Sumba Circle, Costa Mesa, reported that she works with the schools, and expressed her appreciation of the City negotiating the Home Ranch agreement to provide this benefit. A representative of Costa Mesa High School parents group who have been working towards the formation of the foundation, assured that they are willing to work with Council, and are very appreciative of the efforts put forth. She reported that they intend to follow the State of California rules for non-profit organizations. Doug Sutton, 2739; Canary Drive, Costa Mesa, observed that the endowment is not a gift, it is a payment to the greater community of Costa Mesa; the development agreement clearly assigns to the City the principal responsibility to ensure the best use of the funds; and the City cannot delegate this fiduciary responsibility. Council Member Steel cited the schools as being one of the City's largest problems, commenting that enrollment in elementary schools is high, dropout rates are high, test scores are low, and there is an exodus of the electorate and their children out of the system. Motion to Approve A motion was made by Council Member Steel to authorize the Foundations Died formation of two foundations, to approve the appointment of the people who have .already been "slated" for the foundations; to appoint Council Member Cowan to the Costa Mesa High School foundation; and to appoint Council Member Robinson to the Estancia High School foundation. The motion died for lack of a second. MOTION/To Approve A motion was made by Council Member Cowan, seconded by Formation of Founda- Mayor Pro Tem Monahan, to appoint two City Council members to tions work with the Home Ranch Development Agreement and the two foundations, include a City staff member and a C. J. Segerstrom representative to "sit down and hammer out" Council Member questions and discussion which would be available from the July 8, 2002, study session transcript, and to address the Assistant City Attorney's questions. Council Member Cowan confirmed that any questions should be submitted to the ad hoc committee. SUBSTITUTE A substitute motion was made by Council Member Robinson, MOTION/Approved seconded by Council Member Steel, and carried 4-1, Council Appointing Members Member Cowan voting no, to appoint two Council Members as to Ad Hoc Committee members of the ad hoc committee, and those two members shall meet with staff and persons who express an interest in commenting on the formation of the foundations and how they will be administered; and staff shall return to Council at the meeting of October 7, 2002, to provide the recommendations and the answers to questions raised at the study session of July 8, 2002. The Assistant City Attorney approved of the substitute motion which he maintained was a good vehicle with which to address the issues and to provide a report or recommendations to Council for managing the $2 million. Council Member Cowan opposed the substitute motion because of the groundwork, which has already been completed, and the community input which has already been received. Motion to Appoint A motion was made by Mayor Pro Tem Monahan, seconded by Cowan and Robinson Mayor Dixon, to appoint Council Member Cowan and Council Withdrawn Member Robinson to the ad hoc committee. After discussion Mayor Pro Tem Monahan withdrew the motion. MOTION/Appointed A motion was made by Mayor Dixon, and carried 5-0, to appoint Dixon and Monahan Mayor Pro Tem Monahan and Council Member Robinson to the ad hoc committee. . CITY MANAGER'S The City Manager presented an_ ordinance amending Sections 2- REPORT/Deadlines 40, 2-42, and 2-44. of ..Chame€, III of Title 2 of the Costa Mesa for e -Agenda System Municipal Code relating -to. -City _Council meetings and procedures, to reflect current pro,cess= and ~changes to deadlines in order to implement the e -Agenda - system-MOTION/Gave On motion by Mayor Pro: Tem Monahan, seconded by Mayor Ordinance 02-17 Dixon, and carried `5-01. Ordinance 02-17 was given first reading First Reading and passed to second reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF , COSTA MESA, CALIFORNIA, AMENDING SECTIONS 2-40, 2-42, AND 2-44 OF CHAPTER III OF TITLE 2 OF THE COSTA MESA MUNICIPAL CODE RELATING TO CITY COUNCIL MEETINGS AND PROCEDURES. Second reading and adoption are scheduled for the meeting of August 19, 2002. _r COUNCIL Council Member Steel addressed the upcoming 2002 Orange COMMENTS County Dyke March, suggesting that items such as this perhaps 2002 Orange County should be addressed at a Council study session prior to being Dyke March placed on an agenda. He did not understand the purpose of the march and wondered if it is necessary. He did not believe that this action will build tolerance, thinking rather that it will offend many persons. Public Services CIP Council Member Cowan advised that she had asked the City Process Manager to provide an assessment of the Public Services Capital Improvement Program (CIP) process. She reported that several major projects such as the Seismic Retrofit of City Hall and the Downtown Community Center have not been completed satisfactorily, as well as the shelter and bathroom at Fairview Park, and several landscaping projects. Council Member Cowan asked that it be determined if the problem is the scope of work, the City's expectations, or design of the project, and asked for an initial report in six or seven months. Mayor's Cup Mayor Dixon announced her attendance at the Mayor's Cup, which consists of the all stars from the National and American Leagues. She announced that the National League won in two games. She Balearic School reported her and Council Member Robinson's attendance at the Agreement Newport -Mesa Unified School District meeting the previous week, and noted that they expect to see an agreement regarding the Balearic School site within the next six to eight weeks. She said Costa Mesa and that the Costa Mesa Community Foundation has completed the Estancia High School Environmental Impact Report (EIR) for Estancia High School, and EIR's will shortly arrange for a public hearing, and the Costa Mesa High School EIR is due in about eight weeks, and a hearing will also be held on that issue. Mayor Dixon- further reported that the Banning ranch property is not suitable for a school so the District is considering other options. Rea School was discussed and she encouraged members to attend the School District board meeting on Tuesday, August 13, 2002, and Keep Costa Mesa Beautiful and the School District will implement a litter curriculum this fall. ADJOURNMENT The Mayor declared the meeting adj rued art 12:35 a.m. t Mayor of the City of Costa Mesa ATTEST: Deput _ -ity Clerk of tK`e_City, of Costa Mesa cr 19 1 1