No clarity on West Side conflict of interest

Elise Gee

COSTA MESA -- The Planning Commission on Monday delayed a vote on

whether to put a temporary halt to West Side development. The delay will

give three commissioners more time to decide whether they have conflicts

of interest because they own homes there.

Also, Commissioner Katie Wilson was absent and the commissioners wanted

to make the decision with everyone present.

The commission had been working for a month on a plan to stop certain

types of development on the West Side until the City Council approved a

revitalization plan for the area west of Harbor Boulevard and south of

Wilson Street. But at the last commission meeting, commissioners realized

that three of them had potential conflicts of interest.

A consultant has been studying the West Side for more than a year and

gathering public input to come up with a plan that would clarify awkward

zoning codes and improve housing and services such as shopping.

A moratorium would enable the city to avoid having businesses or other

structures built that would contradict codes ultimately approved under

the revitalization plan.

A report submitted to the commission by Assistant City Atty. Tom Wood

said the three commissioners would have conflicts of interest if their

votes had a foreseeable benefit of $1,000 or more on any property in

which they had a direct or indirect interest.

Wilson, Chairman Walt Davenport and Commissioner Chris Fewel own homes on

the West Side. Davenport said Wood’s information was not absolutely

definitive and that commissioners should probably have time to consider

their positions.

Also, Wood added in his report that his advice does not protect the

commissioners from being prosecuted under the Political Reform Act of

1974.In other matters, the commission discussed revising remodeling

guidelines for second-story construction to homes. The discussion was

prompted after a home on Samoa Drive caused controversy in the Mesa Verde

neighborhood for its height and size.

City staff plans to draft an ordinance that would more clearly define

what constitutes an attic and a story. Commissioner Katrina Foley also

asked that dormers in attics be given specific size limits.

Both items are expected to go before the City Council on Nov. 8.