OCTA Board: It's Toll Lanes For The I-405!

COSTA MESA GETS SCREWED!
By now many of you who pay attention to this stuff may have read one of the many articles, like the one by Anthony Clark Carpio in the Daily Pilot, HERE, describing the decision by the Orange County Transportation Authority (OCTA) Board Monday to take the lead on the scheme to widen the I-405 and turn part of that taxpayer-funded roadway into a toll road.

A HOTLY-DEBATED ISSUE
As you know, this has been a hotly-debated issue for years, with many cities along the I-405 corridor between Costa Mesa and Seal Beach joining forces as the 405 Freeway Cities Coalition to attempt to see the widening of the highway to include only free lanes in addition to the one High Occupancy Vehicle (HOV) lane.

A PRE-EMPTIVE STRIKE
In the captioned article you'll find the curious deciding factor expressed by the President of the OCTA Board, Jeff Lalloway.  He is quoted as saying, "If we don't do it, Caltrans is going to do it.  And if Caltrans does it, no one's going to like it."  They apparently recognized that Caltrans has a gun to their heads, so they took what they hope will be a preemptive strike.  However,  Caltrans is still the BIG DOG, so I wonder just how the OCTA Board can feel comfortable that it may not come calling later - after all the heavy-lifting is done - and snatch excess toll revenues from the OCTA and the taxpayers who approved Measure M.

THE CHOICES
You may recall this chart, which shows all the alternatives considered.  The "preferred alternative" chosen by the coalition was Number 2.  What we're going to end up with is #3, which adds two lanes to the roadway each direction, one of which will be a toll lane, and converts the existing HOV lane into a toll lane, too.

ACCESS DENIED
One of the big sticking points is the fact that the corridor cities will be shut out of access to that traffic traveling on the toll road because there will be no off ramps to those cities.  If, for example, a person coming from San Juan Capistrano wants to shop at South Coast Plaza she will have to get off at Magnolia and come back to an off ramp from the non-toll lanes.  Remember when the 73 Toll Road was being hyped as "only 12 minutes from Capistrano to South Coast Plaza!"?  Well, that's over unless the existing off ramp at Bear Street is retained, and city traffic officials tell me that's not in the plan.  It makes me wonder where the Segerstrom family has been in this discussion?  Certainly, there have been no public utterances from them during the long years of debate on this issue.  It seems odd, since they have the potential to lose a lot of revenue from this plan.  Here's what Alternate #3 looks like.

FREE FOR THREE - REALLY?
According to the news reports, the current plan will provide free access to the toll lanes for cars with two or more passengers, but only for 3 years.  And, since it's likely that the toll collection apparatus will be automatic, reading your license plate and charging your account, how will that work, exactly?  Will the cameras across the roadway count the heads in the cars and NOT tally a toll?  Do we have the technology to recognize a sleeping child on the back seat.  Or even small children sitting in the third row of an SUV?  How's that going to work, exactly?

BOTH SIDES OF HIS MOUTH?
Mayor Pro Tem Jim Righeimer, a major opponent of this scheme, is quoted as saying "If we can have two or more [passengers in a vehicle], that solves a lot of our issues"?  Really?  That was NEVER part of his dialog against the toll lanes in the past.  His pitch was lack of access to or from them, and that he'd have to back track to almost Newport Beach to enter the toll lane heading north or south.

FAIRVIEW BRIDGE - AGAIN
So, presuming this scheme now moves forward - you can read the timeline HERE, we will now see the destruction of our virtually brand new Fairview Road bridge over the I-405 - a project that cost millions  to complete less than 5 years ago - and the chaos and inconvenience to thousands of Costa Mesa commuters daily.  And, the widening project itself is going to cause major problems for Costa Mesa neighborhoods that back up to the right-of-way in the form of pile driving at all hours of the day and night and the interminable dust and dirt falling on them during construction.

IT'S ALL ABOUT THE BUCKS - YOUR BUCKS
It certainly appears that this is really all about the money.  If Caltrans controls the project it calls the shots as to where the tolls in excess of the building costs will be spent.  OCTA thinks it can keep those bucks here in Orange County.  Sadly, this seems to be less about moving traffic efficiently than about the cash to be collected by those in what former Mayor Eric Bever - a major outspoken opponent to the chosen alternative - referred to as the "Lexus Lanes".  I always thought that was a curious statement from a guy who drives an Audi.

Hatch - Oops, My Bad On Measure P

RECALL THIS ISSUE?
You will recall that I recently wrote about the confusing language on the ballot for Measure P, the advisory measure regarding the scheme to make some lanes on the I-405 Freeway from Costa Mesa to the Los Angeles County line into High Occupancy Toll (HOT) lanes, HERE.

TWO QUESTIONS - ONE ANSWER
At the time I emphasized that the language on the ballot asked two (2) questions that were exact opposites, but you're given only one choice of an answer - YES or NO.  Here's how it looks on the ballot.

STONEWALLED...
Since my earlier blog entry I have communicated several times with city officials - specifically, CEO Tom Hatch, City Attorney Tom Duarte and Communication Director Bill Lobdell.  To date I have received NO direct reply to my requests.

...UNTIL TODAY
Today, however, Lobdell distributed the following information via email to an undisclosed number of recipients in which Hatch apparently falls on his sword on this issue:

From City CEO Tom Hatch:

In an attempt to summarize the I-405 toll lane advisory measure in a short ballot title, City of Costa Mesa staff used wording and punctuation that could cause confusion among voters. For that, we apologize.  We are reviewing the matter.  Ultimately, as the City CEO, I take responsibility for the title’s lack of clarity and hope that it does not detract from the purpose of this advisory measure.   

The I-405 advisory ballot question for voters to consider is: “Do you agree with the Costa Mesa City Council, which unanimously opposes the establishment of toll lanes on the I-405 Freeway in Orange County?”

We are taking several steps to reduce any potential confusion.  First, the city is sending three informational mailers about the ballot measure to each resident. The first mailer—which emphasizes the ballot question—has already been mailed.  For the remaining two mailers, the city will also emphasize the ballot question—and point out the difference between the ballot title and ballot question—to reduce any potential confusion.  The same material will also be featured on the city’s website and other media platforms.  

YOU MAY HAVE MADE A MISTAKE

Of course, many of you will have already mailed in your absentee ballots and a goodly number of you may have marked it incorrectly as regards Measure P.  Keep in mind that I don't care how you marked it as long as you understood what your answer meant.  

DON'T WANT TOLL LANES?  VOTE "YES" ON P

If you have not already marked your ballot, let me help you.  I, personally, don't want to see CalTrans hijack our Measure M-funded expansion lanes on the I-405 and turn them into HOT lanes.  So - follow me now - I'm voting YES on Measure P.  That means I agree with the City Council in their opposition to the toll lanes.

THE WHOLE THING IS UNNECESSARY!

Perhaps the most unfortunate part of this debacle - aside from it being a major screw-up - is that the whole thing was unnecessary in the first place.  Putting Measure P on the ballot - it cost at least $12,000 to do so and who knows how much more to distribute those "fix it" communications Hatch mentions above - is unnecessary because it's only an advisory item and has no strength of law, but it made a certain mayor who's running for re-election look firm and decisive.  If it was designed to tell Governor Jerry Brown that we don't want the HOT lanes - that's the alleged purpose - and if it was really THAT important, somebody should have paid more attention to it.  It wasn't really important, so they didn't.  Too bad, because it makes the city look like a bunch of rubes who can't get their act together.

I-405 Town Hall Summary

A CHANCE TO HEAR AND BE HEARD
Last Thursday, September 11, 2014, I attended the beginning of the Town Hall conducted by representatives of the coalition of corridor cities opposed to the current scheme by CalTrans to convert additional lanes planned for the I-405 into Toll Roads.  Costa Mesa Mayor Jim Righeimer moderated the event, never missing an opportunity to get his face before the public during this campaign season. 

100 PEOPLE, MAYBE, ATTENDED
Seating was available for 100 attendees, but only about 85 people filled those spots by the time I left about 75 minutes after the meeting began.  My best guess at the time was that at least a third of the folks in the room were politicians or staffers from CalTrans, the Orange County Transportation Authority (OCTA) and various participating cities.  I'm told by those who remained after I departed that more folks filtered in before the meeting ended around 8:00 p.m. and that there might have actually been 100 people in attendance during the two hours of the meeting.

BAIT-AND-SWITCH
It was very clear during the comments by many public officials in attendance that they ARE NOT in favor of the plan and they and several speakers - including our own Beth Refakes - which is basically a "bait-and-switch" scam to convert the widened freeway approved by the voters with Measure M2 into toll lanes - so-called "Lexus Lanes", which would be used by only the most well-to-do among us.

LOTS OF VOCAL POLITICANS
Termed-out Supervisor John Moorlach was among the first of more than a dozen politicians to address this issue, then he left for a prior commitment.  Lame duck Assemblyman Allan Mansoor - who likely will have no place to sit when Michele Steele defeats him for Moorlach's seat in November - also expressed consternation about this scheme.

MOVING TRAFFIC - AND COLLECTING CASH
We also heard from the top PR executive from CalTrans, who told us everything was wonderful with this scheme, and implied that we would see region-wide freeway gridlock if this plan wasn't implemented.  Later, after I left, another CalTrans represented attempted to deflect the allegations that this was all about the cash that would be generated by the toll lanes - not very successfully, I'm told.

MORE COVERAGE...
Voice of OC reporter Nick Gerda was in attendance and wrote two excellent article, HERE and HERE, discussing the meeting and the potential results.  There will be a meeting of the OCTA Regional Planning and Highways Committee on Monday at 10:30 at the OCTA headquarters in Orange.  The following Monday, the 22nd, the full OCTA Board will meet to discuss this plan.

I-405 Toll Road Scheme Townhall Tonight

FIGHTING THE I-405 TOLL ROAD!

Tonight, September 11, 2014, representatives six Orange County cities which form a coalition against the current scheme to create Toll Lanes on the I-405 Freeway from Costa Mesa to the Los Angeles County line will hold a town hall to gather input from the public on this plan.  The Orange County Transportation Authority (OCTA) Board of Directors will consider this proposal at their meeting on September 22nd.

6:00 P.M. AT THE NCC
This meeting will be held at the Costa Mesa Neighborhood Community Center, 1845 Park Avenue (Lions Park) and will commence at 6:00 p.m.  I suggest an early arrival if you plan to attend and make your views known because parking will be at a premium.  Perhaps one of the homeless folks that infest that area will offer valet parking.  Sorry - couldn't resist.

OFFICIALS WILL SPEAK
According to the press release on this meeting, which is reproduced below, in addition to elected officials from Costa Mesa, Fountain Valley, Huntington Beach, Los Alamitos, Seal Beach, Westminster and one from the Rossmoor community, it is anticipated that many other current and former elected officials will attend and offer their comments.  As I looked down that list I see several who are in the midst of campaigning for new jobs or to keep their current one, and some of them who will soon be out of a job.

ANOTHER CONVENIENT CAMPAIGN EVENT FOR THE MAYOR
Since this meeting is happening in Costa Mesa I fully expect Mayor Jim Righeimer to use this as yet another stop on his campaign for re-election.  If you attend, look around the room.  I'm sure you'll see many of his sycophants and hangers-on, ready to offer cheers as their guy speaks.

BAIT-AND-SWITCH
I make light of this issue, but it IS serious.  The folks at CalTRANS pulled the old bait-and-switch on us with this scheme and every city in the coalition will be negatively impacted by the change.  It's just unfortunate that this situation happens in the middle of campaign season, during what is certainly going to be one of the most contentious, nasty city council campaigns in recent memory.  It might be hard to sort the facts from campaign rhetoric tonight.

I AGREE WITH THE NEED FOR THIS MEETING
I agree with the need to speak out on this issue and to NOT turn that stretch of freeway, with High Occupancy Vehicle (HOV) lanes, into toll lanes that will, 1) severely hamper drivers from exiting the freeway to reach shopping venues in the corridor cities and, 2)  generate cash for CalTRANS to use elsewhere.  I hope you'll plan on attending and make your views known.  I'll be very interested in your take on the meeting if you attend.  Hope to see you there.

(click on image to enlarge)

Of Design, Problem Motels and I-405 Extortion

INTERESTING STUFF AT THE PLANNING COMMISSION MEETING
The Costa Mesa Planning Commission, led by their "dynamic" chairman, Jim Fitzpatrick, will again tackle some interesting issues during their final meeting of the month on Monday, October 28th beginning at 6:00 p.m. in City Council Chambers.  By the way, help me out... I'm going to try to keep track of the number of times Fitzpatrick utters the words "Cool!" and "Excellent!" during the meeting.  Thanks for your help.

FIXING A COUPLE OF DESIGN PROBLEMS
The first item of special interest is Public Hearing #1, HERE, which, if approved, will make significant changes to the Residential Design Guidelines dealing with second floor side yard setbacks and the second floor to first floor ratio from 80% to 100%.  In my view, both of these changes are long overdue and will make building or remodeling homes less costly and more practical.  It's about time!

SQUEEZING "PROBLEM MOTELS"
The other VERY interesting item is New Business #2, HERE, which deals with so-called Extended Occupancy Motels.  This staff report requires no action by the Planning Commission, but will "provide a basis for forthcoming matters the Planning Commission will be considering regarding extended occupancy motels."

READ THE STAFF REPORT
As you scroll down through the fairly short staff report you'll see some pretty graphic images of rooms at some of our motels around town.  Recently Code Enforcement has been clamping down on so-called "problem motels" in the city, nailing them with fines in the thousands of dollars to encourage them to clean up their businesses.  You may recall that Mayor Jim Righeimer has stated repeatedly in the recent past that he wants to force some of those businesses out of business by making life so difficult for them from an enforcement standpoint that they will re-consider their valuations of their properties.  His goal is to have them sold on the cheap to developers who would replace them with apartments.  In fact, at one time Righeimer said the city might have to buy up some of those properties at market rates, then sell them at a loss to developers!  I don't know about you, but I sure don't want MY tax dollars used to line the pockets of his developer buddies.

ONE MORE STEP TO EXPULSION
In any event, this report is one more step to lay the groundwork for the expulsion of those businesses from our city. 


I-405 TOWN HALL MEETING TUESDAY
On Tuesday, October 29th, at 6:30 p.m. the seven so-called corridor cities who oppose the latest scheme by the Orange County Transportation Authority to widen the I-405 Freeway and impose High Occupancy Toll (HOT) lanes on us will hold a Town Hall meeting in Westminster.  As I wrote HERE, the meeting will be in the Westminster Community Services Building, 8200 Westminster Blvd. in that city.  I've provided you with a copy of the announcement and two maps to help you find your way.

LARGE TURNOUT REQUIRED

It's important that we have a large turnout to this meeting to show our displeasure for the OCTA's move to disregard our clearly-stated wishes on this very sensitive subject.  As we understand the issue, if the OCTA does NOT build this expansion of the I-405 to include HOT lanes, then CalTrans will take over and impose them on us and use the toll fees throughout the state.  Please attend and speak out on this issue.

A Short Meeting Gone Long

FOUR HOURS!
Last nights Costa Mesa Planning Commission meeting, which probably could have, and should have, been completed in a couple hours managed to stretch to double that length.  Upon reflection, at least 30 minutes of that time could have been saved if Chairman Jim Fitzpatrick didn't like to hear himself talk - and say not much of anything.  Then, again, maybe the commissioners were feeling guilty about being overpaid based on their peers around the county, so wanted to "earn their keep"by yammering on and on.  You can read the agenda HERE and watch the streaming video HERE.

I-405 MONSTER STILL ALIVE
Perhaps the most important issue discussed last night was Transportation Services Manager Raja Sethuraman's report to the commission on the status of the I-405 Improvement Project.  You remember that one from last year, when the city and adjoining neighboring cities apparently successfully fought off the scheme to widen the I-405 as it passes through Costa Mesa and add High Occupancy Toll (HOT) lanes, replacing the High Occupancy Vehicle (HOV) lanes - the "carpool lanes" we know and love.

JUST WONT DIE
Well, the Orange County Transportation Authority (OCTA) and the California Department of Transportation (CalTrans) have just not let this thing go and are back with a newer scheme - one just as onerous as the previous one - that would likely again include the destruction and replacement of the relatively new - 4 years? - Fairview Bridge over the I-405 to accommodate additional lanes.

WHY?
You can read about the project status HERE and a long, comprehensive OCTA staff report HERE.  However, all you really need to know is this sentence, contained at the bottom of page 4 of that second report.  It reads thus: If an ascending debt structure is used, the toll revenue stream could generate up to $186.6 million in toll financing capacity.

IT'S ALL ABOUT THE MONEY
Yep, folks, it's all about the money.  Apparently CalTrans has put the old squeeze on the OCTA and threatened to convert whichever choice they make into the HOT model - and take the resultant revenue for use elsewhere in the state.  So, the OCTA folks are now scrambling to produce a revenue-generator that will keep the toll fees in Orange County - and not necessarily to be used in the area in which they have been collected.  Several other toll roads are in dire financial straits, so funds from "our" segment of the I-405 may be used to help pay the debt on those roads.

LARGE TURNOUT REQUIRED

All of which is saying that we need to have a very significant presence at a Town Hall being held by the OCTA seven corridor cities most dramatically impacted by this plan at 6:30 p.m. in the City of Westminster Community Services Building, 8200 Westminster Blvd.  We need to let our voices be heard and try to keep the Fairview Bridge from being replaced and the toll portion of this scheme from reaching its tentacles into the heart of Costa Mesa.  The bottleneck begins beyond the border of Costa Mesa, north of the Santa Ana River, and that's where the "fix" should begin.  Here's the flyer on the meeting.

And a couple maps to help you find the venue on the 29th.

FITZY SHUFFLES THE DECK

There were other items on the agenda last night, too.  Fitzpatrick, apparently trying to save a few bucks by not keeping our contract attorneys sitting around, scrambled the agenda and heard the last item, New Business #1, first, then Public Hearing #3, then went back to the published order.

MORE FOCUSED ENFORCEMENT
New Business #1 is the discussion of what is known as "Residential Neighborhood Enhancement Program Number Four", a focused attempt to "clean up" a specific part of town by applying code enforcement muscle to force property owners to shape up.  The area covered is shown in this image.

After a 10 minute discussion the Commission authorized the staff to move ahead with this program.

"TIGHTENING UP" SINGLE HOUSEKEEPING UNITS

Public Hearing #3 is a change in the Municipal Code "tightening up" the language that defines a "single housekeeping unit".  Apparently the City lost some money in a lawsuit recently because the judge didn't like our language, so was an attempt to amend the code to fix that problem.  More than forty (40) people attended to hear this issue, including one fellow named Paul Dumont, who described himself as a Los Angeles Housing Rights Activist.

THREATENED LEGAL ACTION
He attempted to put the fear of God - and the legal system - into the  commissioners, implying that HUD funding was in jeopardy if they proceeded with this plan, and that lawyers from all over the country were flying in to sue the pants off the city.  Gee, what's new?  Apparently he, and most of those in the audience who came to hear this issue, thought this was aimed directly at the growing number of group homes - drug and alcohol rehabilitation sites - that have begun infesting residential neighborhoods in our city with noise, migrating smoke in the neighborhoods and parking problems.  Dumont was among the half-dozen speakers on this issue - most of them were new faces in council chambers - and most were in favor of making the proposed change to the code.

COUNCIL TO CONSIDER ON NOVEMBER 5TH
After nearly an hour of discussion - and vacillation by Fitzpatrick, who wanted the staff to prepare a more "robust" staff report, whatever that means, the commission voted, 3-2 to approve the current staff recommendation and send it to the City Council on the November 5th meeting.

VALET PARKING APPROVED

Public Hearing #1, authorizing the valet parking that's been done at a medical office building on Nutmeg Place, was given a short discussion, then approved by the commission.


TOWNHOMES ON BERNARD APPROVED
At 7:45 the commission began the discussion on Public Hearing #2, the proposed 10-unit condominium development on Bernard Street.  This project generated a lot of public comments - a half dozen folks rose to criticize the project, including one man who will be displaced from his home of many years.  There was conversation of the units being "affordable", but the developer says their target price is in the $600,000 range.  We live in the land of curious definitions.  The commission approved the project with its numerous conditions of approval on a 5-0 vote.

HOOKAH PARLORS

Finally, shortly after 9:00 p.m., the commission tackled the remaining item on the agenda - the change in the Municipal Code to dramatically impact the so-called "Hookah Parlors" in our city.  Apparently there are three operating legally and one not-so-legally.  Of those, one on 19th Street apparently has been a significant problem from a law enforcement calls-for-service standpoint.  Representatives of two "parlors" extolled their virtues, described how they are cultural activities in certain communities - the Armenian community, for example.  Representatives from the American Cancer Society and the American Lung Association spoke against the concept of a place where the concentration of smoke and cancer-causing contaminants us found.

RECOMMENDING A MORATORIUM

Eventually, after nearly an hour of conversation about whether to out-right ban hookah parlors or to place a moratorium on any future such establishments while the staff and commission studies the impact on them and similar places - cigar lounges and the new electronic cigarette venues - they voted, 4-1, with Colin McCarthy voting NO, to reject the staff recommendation and recommend to the City Council to establish a moritorium.  We left at 10:00 p.m.!