General Plan, More Development Move On

 ANOTHER INTERESTING MEETING
The Costa Mesa Planning Commission met again Monday night and things went about as anticipated, although not without some interesting twists.

TWO COMMISSIONERS MISSING
To begin with, Vice Chair Jeff Mathews and Commissioner Tim Sesler were absent, so that left only three commissioners to consider the issues before the commission.

REPORT ON EGGSTRAVAGANZA AT CAMP PENDLETON
During Public Comments four (4) residents spoke.  Beth Refakes gave a report, with slide show on the recent Easter Egg event at Camp Pendleton for the children of the 1/5 Marines.  She and her compatriots on the Military Affairs Team have been collecting plastic eggs, toys and candies for the children and last Thursday was the event.  According to Refakes, it was a rousing success, with more than 2,000 eggs collected, packaged and delivered.  The Easter Bunny was present to spread the joy.

CRITICIZING DEVELOPMENT
Former council candidate Chris McEvoy stepped to the podium to chide the commissioners for perpetuating the density/traffic problems in the city.  He asked them how they "fix a problem by adding to a problem."  He accused the commission of bending the rules to accommodate developers.

PROTECTING FAIRVIEW PARK
Kim Hendricks addressed the commission on the Fairview Park Initiative and encouraged folks to sign the petitions being circulated.

FIGHTING SOBER LIVING PROLIFERATION
Resident 47 (who prefers to remain anonymous) told the commission about an effort by a San Clemente group that is organizing to fight the impact on sober living homes in their community, much like Costa Mesa's Take Back Our Neighborhoods (TBON) has tried to do in recent years.  She announced the existence of an online petition, assessable via the TBON website at www.tboncostamesa.com by clicking on the red "alert" section at the top of the home page.  The goal is to spread this movement state-wide.  She also spoke of a March 18, 2016 meeting in Irvine at which this issue was discussed by many elected leaders, including Congressman Dana Rhorabacher, who apparently feigned ignorance of the issue until that very moment, and others.  She complained that few Costa Mesa officials were present - only Sandra Genis was present among our elected officials.

COMMISSIONER COMMENTS
During Commissioner Comments Stephan Andranian commended the volunteers for their efforts on behalf of the kids of the 1/5 Marines.

"TAKES ORDERS.."
Colin McCarthy expressed surprise that the City Council recently overturned one of the commissions decisions - on a religious/cultural center near John Wayne Airport, and stated at one point, he "takes orders from our elected leaders."

"DOESN'T TAKE ORDERS..."
Chairman Rob Dickson, responding to a critic who accused commissioners of "taking instructions via cell phone on the dais", said "I don't take orders on how to vote."  OK, so he doesn't and McCarthy does, right?

GENERAL PLAN UPDATE, AGAIN
Public Hearing #1 was the second cut at the General Plan Update and the Draft Environmental Impact Report.  There was no formal staff presentation.  The hearing was to, once again, gather public comments and observations from the commissioners.  Minoo Ashabi guided the discussion and reiterated that formal written comments are due no later than close of business on April 18, 2016.

NO LAND USE CHANGE FOR FAIRVIEW PARK
McCarthy asked about the relationship to the General Plan Update and Fairview Park and was told that there is NO land use change to the park in the General Plan Update.

NINE SPEAKERS
Nine people spoke on this issue.  Former councilwoman Wendy Leece observed that the writing was better in the update, then asked several questions about a survey that was conducted, Cultural Resources section and more - and asked for more details.

Former councilman Jay Humphrey observed that it appeared there was a cumulative effect on density bonuses, and that the prior height restriction on development south of the I-405 was being abandoned.

Christine Nolfe, Linda Ting and Kathy Esfahani each spoke representing the Costa Mesa Affordable Housing Coalition and asked for greater density zoning - 40 dwelling units per acre instead of the 20 proposed -  for the Fairview Developmental Site, which is a perfect place for much-needed low income housing.

Kim Hendricks again observed that Fairview Park should not be considered for unnecessary Sports Fields, calling the so-called need for sports fields a myth.

Rick Huffman asked several questions about specific statistics in the Land Use Element.

Parks and Recreation Commissioner Bob Graham observed about some of the recent projects built on the Westside - multi-story with rooftop patios.  He said they needed 1) a dumb waiter system because hauling groceries and other objects is too difficult; 2) Each such unit should include a central vacuum system and 3) Each should include a rooftop patio.

Resident 47 observed that the Small Lot Ordinance should be eliminated, that old traffic studies were being used to make decisions, that infrastructure like sewers should be replaced before more dense development is approved and that the Banning Ranch will have a significant impact on the city.

FIELD USE INTERROGATION
The commissioners thanked all the speakers for their comments.  McCarthy asked consultant Laura Stetson about sports fields and dragged from her that the numbers include school district fields that fall under the Joint Use Agreement, and that the agreement could be changed or cancelled at any time.  The commission continued this item to the Planning Commission meeting on April 11, 2016 on a 3-0 vote.

592 HAMILTON DEVELOPMENT
Public Hearing #2 is the development of six units at 592 Hamilton Street.  The developer, Nick Louis, is a small developer - this will be his biggest project.  He asked the commission to waive the requirement for undergrounding the utilities - he said such an effort would actually involve eight (8) properties.  Following about 40 minutes of discussion the commission passed it on a 2-1 vote, with Andranian voting NO.  However, the decision left in place the requirement for undergrounding utilities, so - as McCarthy observed - it was probably a deal-killer because of the cost.  It will be interesting to see if the applicant appeals the decision, hoping that other recent projects where the undergrounding requirement might impact this decision.

10 UNITS ON BERNARD STREET
Public Hearing #3 is the project at 522 and 526 Bernard Street.  This is resurrection of a long-dormant project that had received approvals back in 2013.  This is a new developer, Patric Lynam, who changed the project from a condominium project to detached individual homes.  There was much concern about the ratio of enclosed to open parking spaces - the ratio seemed reversed to McCarthy.  In the end the project was approved on another 2-1 vote, with Andranian again voting NO because of the parking issues and the fact that the developer apparently did not comply with the City Council recommendation that he find alternate parking solutions.  This project also required undergrounding utilities, but the developer didn't bat an eye at that requirement.

33 UNITS ON HARBOR BLVD.
After a short break Public Hearing #4, the 33 unit development on 3.71 acres at the corner of Harbor Blvd. and Merrimac - 2626 Harbor - was discussed.  This project met every requirement and more.  For example, it has over 50% open space, including a dedicated private park.  It is less dense by 25%.  Former City Director of Development Services and Deputy CEO Peter Naghavi is the consultant on the project and he presented a lengthy, detailed presentation.  One of the requirements is for lighting along Harbor Blvd and Merrimac - a requirement not seen in the city before.  When the vote was taken the resolution was crafted to not REQUIRE the lighting, but for both Development Services and Public Services to work with the developer to determine IF such lighting is really necessary.  Concern was expressed by staff that because street lighting along Harbor is in the center divider it may not meet the minimun illumination standards.  Shortly afetr 9:15 the  item passed on a 3-0 vote and the meeting was adjourned.

DEVELOPMENT STAMPEDE CONTINUES
It was an interesting night for development in the city.  We saw two projects not passed unanimously and one of which, despite being passed, may be Dead On Arrival due to the requirement to underground the utilities.  A couple of the developments were resurrected projects with new developers.  And, we are seeing the beginning of the metamorphosis of Harbor Blvd. from a commercial corriedor into a mixed bag of residential and commercial and I'm wondering just how this is going to play out.  The development at Harbor and Merrimac is directly across the street from the recently rebuilt Cadillac dealership - a project that continues to give neighbors on the other side fits due to light spillage.  It's going to be interesting to see how that new housing development works out, since it's located on one of our busiest commercial streets and has commercial operations on two sides of it.  And, so, the development stampede through Costa Mesa continues.

Brief Planning Commission Meeting Yields Info

EARLY AND INTERESTING
The Costa Mesa Planning Commission meeting Monday night went about as anticipated.  It started on time and finished just before 8 p.m. - a nice change.

CANDY FOR THE 1/5 MARINE KIDS
During Public Comments Beth Refakes reminded us that the Candy Drive is underway for the families of the 1/5 Marines at Camp Pendleton.  There's a collection point in the City Hall lobby and every piece of candy must be individually wrapped.

SETTING THE RECORD STRAIGHT
Ann Parker asked for clarification about her appeal of the Solid Landings issue, citing the fact that Mayor Pro Tem Jim Righeimer had called her a liar in a public forum.  It was confirmed that Commissioner Stephan Andranian was the only commissioner who expressed interest in appealing the issue, but changed his mind at the last minute, forcing Parker to dash to City Hall and post the fee to get the item appealed, which was successful.  She also address other sober living venues in the city.

COMMISSIONER COMMENTS
Stephan Andranian said he was honored to participate in the Joint Study Session last week and complimented the staff.  He also responded to Ann Parker's comments, affirming he was planning to appeal the Solid Landings issue, but changed his mind at the last minute.

Tim Sesler chided Parker for her attitude at the speaker's podium, admonishing her that she'll get more accomplished with sugar than vinegar.

Colin McCarthy started off by saying he's hearing an undercurrent of criticism of the staff and he doesn't understand it.  Maybe he's hearing that on the Costa Mesa Public Square, because I don't hear it at all.  He told us he was proud of the Building Inspection group.  He praised the Joint Study session, calling it "illuminating".  He addressed the Westside Plans, saying that he was getting tired of hearing complaints about them.  He said, "I'm not interested in hearing discussions on Westside plans.  That ship has sailed."  Really, Colin?  So, one more exposition by a member of the folks in power that they don't want to hear a dissenting voice.  Well, tough!  You're still going to be hearing from folks if they don't like what you're doing.  Get used to it or get out.

Chairman Rob Dickson thanked Beth Refakes for the information on the Candy Drive and asked her to be sure another video of the event is produced this year.  He also praised the Joint Study Session and the staff for the work they put into it.  He also mentioned that, during the month of August, 11,000 building permits had been pulled - substantially more than a year ago.

Vice Chair Jeff Mathews had nothing...

NEW FIRE PLAN SUBMITTAL CHECKLIST AND GUIDELINES
The new Fire Plan Submittal Checklist and Guidelines presentation was pulled from the Consent Calendar and Fire Chief Dan Stefano and Fire Prevention Specialist Dave Hollister were ready to answer questions about this new, valuable document.  The whole presentation, including questions and observations, took about five minutes.  Kudos to Chief Stefano and Hollister for the production of this important guideline.

PUBLIC HEARINGS
As expected, the first two public hearings were continued to a future, un-named, date.

APPROVED - WITHOUT UNDERGROUNDING
#3, the design review and subdivision of  two new 2-story residences at 288 E. 15th Street, should have gone right through without much discussion but the developer was thrown a curve at, literally, the last minute.  Apparently, at 4:00 Monday afternoon, he was advised that the City wanted him to underground the utilities to his project.  Based on some quick investigation he learned it might cost $200,000 - something he had not anticipated.  At one point he said that, if forced to pay for the undergrounding, he might just have to walk away from the project.  It was anticipated that the two units might sell, based on his other projects in the City, from $1.1 - 1.175 million each.  In the end the commission moved the project forward without the burden of undergrounding the utilities.

APPROVED - WITH UNDERGROUNDING
#4, the 10 unit 2 and 3 story residential development at 527-531 Bernard Street, was a different story.  Most of the commissioners were also uncomfortable about the new undergrounding requirement, but they ended up passing the project WITH the requirement of the utilities being undergrounded with some qualifying language that went something like the utilities would be undergrounded "to the extent logistically feasible".  The Director of Development Services will determine the feasibility issue.

UNDERGROUNDING
All the commissioners, during both discussions, expressed angst about having this issue sprung on them at the last minute.  Most expressed the need for more specific direction from the City Council on this issue.  Undergrounding is VERY expensive, which is the reason the idea has stalled.  However, to do it piecemeal like this - in 50 foot segments, as was described at the meeting - makes little sense.  IF there is an intention to enforce some kind of an undergrounding edict, there needs to be more formal discussions on the issue, including input from the public.  Both items felt very loosey-goosey - not the way business is normally done.

BIG JERRY GONE
The biggest news that came my way Monday was word that former consultant and, theoretical, new city employee Jerry Guarrancino is no longer with The City.  Apparently this news broke in a special staff meeting last Friday, with no more information available at this time.  It's my understanding that his Code Enforcement staff will be folded into the regular Code Enforcement organization, at least temporarily, until a decision is made about whether, and how, to fill his slot.  You might recall that he spent more than a year working in various jobs as a consultant, including acting as Interim Assistant Development Services Director during Claire Flynn's absence - and being paid a lot of money doing so - before a position was created that seemed specifically crafted for him.  We don't know what prompted his departure, but the curiously quiet circumstances only adds to the speculation.  And, it's unclear whether he actually ever did become an employee, since his consulting gig was to have shifted from one vendor to his own consulting practice.  It's all very strange.

I Was Right - And Wrong

SHORT AND SWEET
Sunday I wrote about the Costa Mesa City Council meeting, HERE, and included my thoughts on some of the agenda items.  Way, way down at the end I predicted the meeting would end at 9:32 p.m.  Well, I blew it!  I underestimated the impact of a Jim Righeimer-less meeting.  After all was said and done, the meeting closed at 8:17 p.m. when Councilwoman Sandy Genis closed it in memory of long-time City Finance Department employee Sheri Sanders - a lovely, sweet woman who passed away recently after a short illness.  I knew Sheri a little bit - she was always upbeat and helpful.  I miss her special laugh.  I borrowed this image - created by her friend, Bill Bricker, a few years ago - from her Facebook page.  It just seemed to capture the essence of Sheri.

A QUORUM AND PETE CAROLAN
The meeting began with barely a quorum.  Both Mayor Pro Tem Righeimer and Councilman Gary Monahan were absent.  Mayor Steve Mensinger began the meeting with a presentation to Pete Carolan, a local guy and an American Hero in many ways.  The staff had prepared a video presentation showing clips of his life - as a OCC water polo player, Navy Seal with a tour that included being the lead swimmer that retrieved the distressed Apollo 13 capsule.  You can read a little more about that HERE.  He returned to OCC, became part of a champion rowing crew.  He matriculated to USC - his entourage last night included several of his cronies - and has subsequently become an artist of international repute.  Recently he helped restore the airplane at Lions Park.  While he was the recipient of the Mayor's Award last night, he also bestowed an award on Fire Chief Dan Stefano to commemorate his life being saved recently by members of Fire Station #3.  The presentations were a good way to start the meeting.

PUBLIC COMMENTS
During Public Comments eight (8) people rose to address issues with the council.  Tamar Goldmann stepped up and spoke about the Meet The Mayor event, held  Sunday at City Hall.  From all reports, it was the most heavily-attended of this series of meetings.  Tamar was pleased with the conversation she had with Mensinger and soon-to-be-sworn-in Police Chief Rob Sharpnack, who gave up part of his Sunday to be at the meeting.  She expressed hope that Mensinger and his majority will be of a more open mind when it comes to public safety.

BUDGET PRIORITIES
Former councilwoman Wendy Leece expressed concern about the budget, citing as an example of unnecessary spending the plan to replace all the bus benches in the city for around $50,000 after quoting a bible verse regarding our responsibilities to care for those among us.  The replacement of the benches will be a hardship on the homeless among us.

KUDOS TO PLANNING COMMISSION ON MAISON DECISION
Steven Chan complimented the Planning Commission on its decision to keep the proposed Maison night club on West 19th Street closed and used his time to encourage the city legal staff to fully investigate the issue before the appeal - filed by Monahan - is heard.

AFFORDABLE HOUSING
Former councilman Jay Humphrey drew the council's attention to a recent news article about the California Supreme Courts decision regarding affordable housing in San Jose - and pointed out that, although Mensinger recently received an award from a builders group for the 2,000 housing units built, none were affordable.

THE MARINES
Beth Refakes reminded us that there is a ball gown collection drive going on for the 1/5 Marine Battalion from Camp Pendleton, which is scheduled for deployment later this year.  Gowns and gear  may be deposited in the foot locker in the lobby of City Hall.  She and Teresa Drain then presented a short slide show of the recent 1st Marine Division awards luncheon at Camp Pendleton, which they and Drain's husband, Jim, attended to represent Costa Mesa as members of our Military Affairs Team.  She presented a plaque to Mensinger.

BIKE RACKS
Karl Ahlf spoke of the need for bike racks throughout the city.

BUDGET MEETING AND RENT CONTROL
Other comments were made by members of the public addressing the recent Budget meeting with CEO Tom Hatch and other staffers that didn't include input from council members.  Other issues included the need for rent control by one long-term renter who has seen his rent triple in 8 years.

GENIS
During Council member Comments, Sandra Genis reported on the recent Southern California Association of Governments (SCAG) conference, which included discussions of Mass Transit and forming cooperatives to buy electricity.  She also discussed a meeting that was held with several senior staff members and state officials about the future of Fairview Developmental Center, which is rumored to be closing.  She cited the need to get out ahead of this issue with our own plan.  She also mentioned the 800th anniversary of the Magna Carta, and referred to several byproducts of that document that exist today, including the concept that nobody is above the law.  She also mentioned Sheri Sanders (above)

MENSINGER
Mensinger thanked Beth Refakes, Teresa and Jim Drain for their work on the Military Affairs Team.  he then mentioned that Costa Mesan Jake Knapp will be playing in the U.S. Open Golf Tournament this weekend at Chambers Bay - a truly challenging course if there ever was one.

A QUICK-PITCH
He then tried to pull a fast one... he told us that he wasn't going to pull Item #12  - the rehabilitation of the Greenville-Banning Channel - from the consent calendar, but wanted to talk about it. He then turned it over to Public Services Director Ernesto Munoz for a slide presentation.  At that point Councilwoman Katrina Foley interrupted and, correctly, pointed out that his tactic would block members of the public from addressing this issue if they wished to do so.  She said this should be handled as part of the Consent Calendar.  Mensinger proceeded, but agreed - after a vote - to permit public comments.  There were none, but the point had been made.  It was amusing, in part, as he discussed how the channel had become "degredaded".  Of course, he meant "degraded"...

FOLEY
Foley also addressed the need to get out ahead of the Fairview Developmental Center issue and asked the CEO for a report.  She then thanked outgoing Interim Police Chief Ron Lowenberg for his service to the community and "helping to stay the ship".  She thanked Sharpnack and officers Dimel and Johnson for their service at a recent Costa Mesa Spring Football game.  She also mentioned, as part of her comments about it being Graduation Week in the Newport-Mesa Schools, that Costa Mesa High School will have five (5) valedictorians and that all are young women and all are heading off to outstanding schools in the state.

HATCH
During his time Hatch also discussed the Fairview Developmental Center and the meetings that have been held and will be held.  It is planned to include that venue as part of the General Plan update that's underway, citing some kind of an overlay zone for the development of that site.  He also thanked Lowenberg, mentioned we have two new firefighters - and fumbled around finding their names - Austin Krie and Corey Brean, HERE.  He also mentioned that the Budget will be the only subject on a Special City Council Meeting Agenda for next Tuesday, June 23, 2015, and that the meeting will start at a special time - 7:00 p.m.

CONSENT CALENDAR - 3 PULLED, ALL PASSED
The Consent saw only 3 items pulled for later consideration - numbers 7, 14 and 16.  As it turned out, there was still time before the magic witching hour of 7:00 p.m. when Public Hearings can commence, so they just finished the Consent Calendar.  Genis asked that 14, the renewal of a contract for Keyser Marston be continued because she has a conflict and her removal would lose the quorum.  She also asked that consideration be given on #16, the request to cancel the August 18th council meeting, to be adjusted so the City could participate in the National Night Out.  Hatch will look into a way to do that, but the cancellation stands.  Item #7, dealing with a completed alley job, was pulled in error by a resident.  All except 14 passed, 3-0.

COIN HEARING
Public Hearing #1, the Civic Openness In Negotiations (COIN) hearing on the Costa Mesa City Employee Association (CMCEA) contract and side letter went quickly.  Tamar Goldmann used the opportunity to discuss the need for a similar process to manage "expensive outsourcing", using one particular vendor, Lilley, who provides Temporary Management Services, as an example.  Foley asked Hatch if ALL employees were included in this contract.  He responded that all non-sworn employees were included except 20 "confidential" employees, but that their arrangement would follow this contract.  Human Resources Director Lance Nakamoto acknowledged that the numbers for those employees were included in the presentation.  The item passed, 3-0, and the second hearing will be on July 7th.

EXPEDITED SOLAR PERMITS
Public Hearing #2, the discussion led by Building Official Khanh Nguyen of the state requirement for Expedited Permitting Procedures for Small Residential Rooftop Solar Systems as required by AB 2188.  He presented a short slide show and told us, among other things, that the new law allows only ONE inspection of solar installations!  We've been doing two, so he and his staff are working on procedures with installers to meet this diminished requirement.  Very strange, indeed.  The slides show the requirements of the law and some additional language that has been added to our new Ordinance.

APPROPRIATIONS LIMIT
Public Hearing #3 was the very short discussion of the Appropriations Limit for this year's budget led by Interim Finance Director Steve Dunivent.  This usually is done with the budget approval process, but that's not going to happen until next week.  This is a state requirement.  Based on the formula we are required to use, the Appropriation Limit for the 2015-2016 budget year is $201,264,174.  Our budget will be around $147 million, so we're in good shape.  This passed, 3-0.

GROUP HOMES CLEAN-UP MEASURE
Public Hearing #4, the so-called Clean-up measure regarding the Land Use Matrix which is part of the Municipal Code dealing with Group Homes.  Consultant Jerry Guarrancino led this discussion.  One public speaker, Ann Parker, expressed concern about the progress being made with group homes despite this ordinance - which wasn't the subject of the issue.  Guarrancino gave some current statistics indicating that, contrary to Parker's assertion, there have been 28-29 citations given for violations; that 24 operations did not meet the filing deadline for permits, but many are expected to be submitted by the end of this week.  He also indicated that the much-anticipated ordinance for multi-family areas is pending soon - within a couple weeks.  This passed, 3-0.

FIREWORKS PLANS
New Business #1 was the Fireworks Letter and Flyer, presented by Fire Chief Dan Stefano and new Police Chief Rob Sharpnack.  They discussed their "Zero Tolerance" plans for the three days of chaos this year, July 2nd, 3rd and 4th, and spent time on the flyer shown below.  Council members expressed ideas for some changes - like showing the hours permitted for the discharge of safe and sane fireworks.  Foley expressed a concern about whether this activity is really worth the time and trouble.  She asked Hatch for a report this year listing how much each booster group made in net profit from the sale of Fireworks, and how much the vendor made.  The clear implication was that the vendor - a major campaign contributor - may be the big winner in this whole thing.  Foley is NOT a supporter of fireworks.  Sharpnack told us he will have an enhanced force available for those three days, including several undercover officers out in the neighborhoods to catch folks using illegal fireworks in the act.  He and Stefano are working closely together to keep the city safe on those evenings.  Foley expressed disappointment that NOTHING had been done earlier this year to spread the word before school was out.

HERO'S HALL CONTRIBUTION
The final item on the agenda was the request for the City to match a $25,000 grant to assist with the creation of the so-called "Hero's Hall", a Veteran's Museum at the Orange County Fairgrounds.  Outgoing official of the Orange County Employee Association, Nick Berardino, asked for this support recently.    Bobby McDonald, Chairman of an Orange County Veteran's organization, told us that Orange County has 133,000 veterans - the second highest number of any county in the state and 6th nationwide.  He spoke about the remembrance next week of the 50th anniversary of the tragic crash at El Toro Marine Airbase that took the lives of 84 soldiers headed for Vietnam.  Beth Refakes asked for their support and said this was a no-brainer.  Teresa Drain and Karl Ahlf also asked for the support.  The council voted, 3-0 to support it and Hatch said the money would come from his contingency fund for this budget year.

The meeting was closed in honor of Sheri Sanders at 8:17 p.m.