Light Agenda Faces Planning Commission Monday Night

A THIN AGENDA AWAITS
The Costa Mesa Planning Commission meets for the first time in a month for a meeting that should get everyone home early on Monday.  You can read the agenda, HERE, for the meeting that begins in City Council Chambers at 6:00 p.m.

FORMER COMMISSIONERS TO BE RECOGNIZED
While such segments are very unusual for the Planning Commission, I'm happy to see that a presentation is scheduled early in the meeting to recognize former Planning Commissioners Rob Dickson, Jeff Mathews, Colin McCarthy and Tim Sesler, shown above with current Chairman Stephan Andranian.  While I often disagreed with those four men as a group and as individuals, one cannot deny their service to our community.  It's completely appropriate to recognize them for that contribution.

PACIFIC ARTS PLAZA DEVELOPMENT AGREEMENT REVIEW
There are three (3) public hearings on the agenda.  Item #1, HERE, is the two-year review of the Pacific Arts Plaza (formerly Two Town Center) development agreement.  This one shouldn't take long, even if the new commissioners have questions.

SMALL LOT DEVELOPMENT AT 245 KNOX PLACE
Public Hearing #2, HERE, is yet another small lot ordinance project at 245 Knox Place at the corner of Westminster Avenue, replacing an existing single story residence and a detached garage with two two-story residences.  The project appears to comply with all codes.

SMALL LOT DEVELOPMENT AT 1933 CHURCH STREET
Public Hearing #3, HERE, is one more small lot ordinance project at 1933 Church Street.  This proposal will replace a single story residence and detached garage with two two-story residences.  It appears to meet all codes and asks for no variances.

A THOUGHT...
Permit me an observation...  Since the City Council has recently opted to exclude the Planning Commission from the review of the dammed-up Sober Living Home appeals and applications, this group will find itself with much less to do than anticipated over the next few months.  That decision was a mistake, in my opinion.  This commission is the appropriate body to be the first stop in the appeal process and the City Council is going to find itself buried in those issues for the next few months.

Anger, Frustration Mark The Planning Commission Meeting...

...AND THAT WAS JUST AMONG THE COMMISSIONERS!
Yes, it was a short, tense Planning Commission meeting tonight.  Yes, there was anger, frustration and disappointment in the City Council Chambers, and probably felt most strongly on the dais, as all five commissioners clearly showed their anger and frustration at not being able to hear the four remaining items on their agenda.  Three others had been pulled last week.

LAWYER ABSENT DUE TO FAMILY MEDICAL EMERGENCY
According to information provided by staff during the short discussion of the first item, it seems the lawyer for all of the applicants tonight had some kind of a family medical emergency and so all the applicants and the lawyer requested that all the items on the agenda be continued - and they were!

ANGRY CROWD HEARS BAD NEWS
At the very beginning of the meeting, before what I've been told was a packed house, Chairman Rob Dickson mentioned that there was a possibility that each of the items on the agenda - all sober living homes - would be continued, but they wouldn't know for sure until they began hearing the items.  The members of the public who took time out of their busy lives - again, for some of them - clearly were not happy with that news.

HELPING STANDING ROCK
Thirteen (13) members of the public stepped up during Public Comments to express their views on this situation.  Only one, Mary Spadoni, spoke on another issue - the recent community outreach to gather goods for the Native Americans at Standing Rock.  She used a clever video clip of a pooch to enhance her presentation for the sales of homemade dog cookies, the sale of which will be donated 100% to the folks at Standing Rock.

QUALITY OF LIFE ISSUES
Many of my Eastside neighbors spoke tonight.  Katie Arthur spoke about the impact of the sober living homes on our neighborhoods, citing quality of life issues.  She encouraged the commission to be bold - to think outside the box and work together to get this issue resolved.

"ENOUGH IS ENOUGH"
One speaker told the commission she was appalled that they were considering continuing the items, advising them that these venues were all over the Eastside and that they were near areas earmarked for high density housing.  She told the commission that "enough is enough".

"SICK AND TIRED OF IT"
A local businessman angrily spoke to the commissioners, telling the commissioners they are not listening to what the people are saying, and that they - the people - are sick and tired of it.  He used the word "corrupt" without any details.

SHARED HORROR STORIES
Flo Martin spoke about personal issues and those of her relatives and neighbors in College Park dealing with the impact of sober living homes.

RESTRICT TO COMMERCIAL AREAS
A gent from Irvine who alleged having ties to Costa Mesa suggested closer attention be paid to the State Health and Safety Code and that sober living homes should be restricted to commercial areas.

PANDERING
Richard Russell, a frequent speaker, praised the commission - "you guys make good decisions" and refuted an earlier suggestion by a speaker that the city "invited sober living homes into the city."

CORRUPTION?
The final speaker, who didn't identify himself but proclaimed that he had previously worked for Solid Landings - a large sober living outfit in town - and painted a grim picture of those operations.  He said the operators take advantage of the families of kids in need of detox - claiming that they charged $30,000 per bed per month.  He claimed that the organization broke the rules by housing too many clients, then disbursing them when inspections were scheduled, only to return them later.

SESLER PLEADS FOR UNDERSTANDING
The Public Comment segment lasted about 25 minutes, then came Commissioner Comments and you could see the steam coming from their ears.  Stephan Andranian had nothing to say.  Tim Sesler acknowledged the passing of Jeff Arthur, Chair of the Pension Oversight Committee.  He then pleaded with the audience to understand that the commissioners were there to do the right thing, citing the fact that they all live in the city and raise their families here.

COLIN DEMANDS NUMBERS
Colin McCarthy also acknowledged Jeff Arthur.  He then asked interim Development Services Director Jay Trevino to check with the staff and come back with a number of high density projects this commission had approved in the past 4 years - again, attempting to refute claims made by earlier speakers.  He said he could only recall a couple.

MATHEWS SHOULD HAVE KEPT QUIET
Vice Chair Jeff Mathews was clearly peeved and he said he wanted one or two Code Enforcement officers assigned to doing regular, frequent checks on all the sober living homes in Costa Mesa.  He said if we don't have enough staff he wanted more to be hired.  He also complained about sober living homes being located in residential neighborhoods, defining it as "stupid" that they can be there.  I thought it was interesting, since all the guidance the city has gotten from our lawyers tell us to avoid inflammatory statements like that because it may bite us later in court - it shows an institutional bias against sober living clients - a class of people protected by the ADA and Fair Housing laws.  Usually Mathews just sits there and says nothing.  Tonight that would have been a good idea.

STAFF READY TO GO, MORE OR LESS
At 6:40 p.m. Interim Assistant Director of Development Services Sherri Vander Duessen began, with Deputy City Attorney Tarquin Preziosi, to discuss Public Hearing #1, the sober living home at 2041 Tustin Avenue - a couple blocks from my home on the Eastside.  It was this hearing that took the longest because the issue of the absence of the lawyer for the applicant was discussed at length.

SUMMERHILL KEPT THEM ON COURSE
As each commissioner expressed their anger and frustration it became clear that they REALLY wanted to move forward with the hearing, but the staff was firm in their advice against it.  Deputy City Attorney Yolanda Summerhill held a steady hand on the tiller, reminding the commissioners that it was critical that the applicant receive a fair hearing and that he not be denied due process.  And, of course, she was correct.   To do otherwise would have likely entangled us in lengthy, costly legal battles.

NO MAS!
Both Andranian and Mathews expressed the opinion that if they agreed to continue this item they wouldn't agree to subsequent continuances, even if the applicant's lawyer wasn't available.  Andranian opined that there are plenty of other lawyers out there.

VOTED TO CONTINUE
Summerhill reminded the commissioners that we need to take these issues step-by-step.  Finally, at 6:55, the commission voted, 5-0, to continue this item to a future date - undefined at this time.  The crowd was angry and many began to leave, so Dickson called for a short break - it lasted 2 minutes as the angry folks filtered out of the auditorium.

TEN MINUTES FLAT FOR THE OTHER THREE
When they re-convened they made quick work of the other three sober living issues remaining on the agenda.  It took less than 10 minutes to have each read into the record and to vote to continue them on 5-0 votes.  During the first couple several commissioners continued to grumble about it.

SHORT AND NOT VERY SWEET
At 7:05 p.m. - 65 minutes after the meeting was called to order - Dickson adjourned in memory of Jeff Arthur to the meeting NEXT Monday night, December 12th.  It's my understanding that they have a full agenda at that meeting, too. 

FRUSTRATION ALL AROUND, BUT THEY DID THE RIGHT THING
Here's my view on what happened tonight.  I certainly understand the anger and frustration expressed by my friends and neighbors - and by the commissioners, too.  I believe the commissioners had no other choice but to honor the requests for continuances, even though all were frustrated because a couple had previously been continued.  McCarthy, in an earlier meeting, opined that they were being "played" - manipulated by the lawyer.  That may, in fact, be the case.  However, Summerhill gave them good advice - all five of the commissioners have legal training - and they took it, although begrudgingly.

THE NEW CITY COUNCIL WILL HAVE THESE THROWN TO THEM
It's going to be very interesting to see how this all plays out over the next few months.  The staff has consistently recommended denial of these issues.  The can will be kicked down the road under the normal course of events to a brand new city council.  These hot potatoes will be dropped squarely in their lap, most likely beginning in January.  It's going to be very interesting.

ON JEFF ARTHUR...
On a personal note, I didn't know Jeff Arthur well, but did have several conversations with him and had a chance to watch him work on city committees.  He was a hardworking, decent man who brought intelligence and decades of solid business experience to his assignments for the city.  His presence on the Pension Oversight Committee will certainly be missed.  You can read Bradly Zint's piece on his passing from the Daily Pilot HERE.  Condolences to his family and his friends on this loss.  The following is a video clip from our pal, Barry Friedland at Costa Mesa Brief of a presentation Jeff made to the local Tea Party group on the issue of pensions.

Reduced Planning Commission Agenda Got Shorter

SHORT MEETING - REDUCED AGENDA
The Costa Mesa Planning Commission held the most recent of their steady string of meetings last night, with two more planned for the next two consecutive Mondays.  This one turned out to be a short meeting.

SOBER LIVING APPEAL PUSHED OUT TO DECEMBER 12TH
The reason for the brevity is the fact that Item 4 was yanked from the agenda late last week and Public Hearing #1, an appeal of a denial for a Conditional Use Permit for sober living facilities on Victoria Street.  After a short discussion the commission decided, on a split vote, to continue this item to the meeting on December 12, 2016.  The vote to continue passed, 4-1, with Commissioner Stephan Andranian voting NO.

SMALL LOT DEVELOPMENT SENT BACK TO DRAWING BOARD
Public Hearing #2 is a Small Lot Development at 353 East 18th Street.  This is a design review for four units on a narrow - 60 feet - lot.  Although the project provides some interesting features, the commission eventually voted to deny the project without prejudice, 5-0,  so the applicant can return sooner than 6-months out with another cut at it.  The unusual solution to guest parking was the issue.  It can be appealed to the City Council.

SOBER LIVING SPECIAL USE PERMIT
Public Hearing #3 is the appeal of the denial of a Special Use Permit for a Sober Living Home at 2152 Raleigh Avenue.  This operator - 13 years in our city without a single complaint - has the misfortune to be an unlicensed facility that falls within the 650 feet of other state licensed facilities.  The operator, Greg Ohlhaver, is a native Costa Mesan who operates a successful business - Harbor Radiator -  in the city.  According to his testimony, he has helped hundreds of men with his affordable facility.  The costs seem to be about half of what it may cost at other facilities.  Of the half-dozen people who stepped up in support of the operator, a couple former residents of the facility cited their own personal successes and those of others.  According to the testimony, it would be very costly for him to get a State license, which would necessarily raise the cost to the residents. This facility seems to be exactly the kind of sober living facility the city says it wants, and yet a clear glitch in the system creates an unworkable situation.  The commission upheld the denial on a 5-0 vote.  One of the great ironies of this particular hearing was that exactly the same time, at the Neighborhood Community Center, several senior elected officials - Dana Rohrabacher, John Moorlach and Matt Harper - and a couple very high-priced lawyers were attempting to convince nearly 150 members of the public who attended their town hall that we needed to keep "the good operators" and discourage the "bad operators".  This decision by the commission just doesn't square with that goal.

APPROVING THE REVISED HOTEL AT 33250 AVENUE OF THE ARTS
Public Hearing #5, is an amendment to the previously approved Master Plan at 3350 Avenue of the Arts for the former Wyndham Hotel.  This change abandons the previously-planned condominiums, replacing them with all hotel rooms to perpetuate Costa Mesa's only 4-Star hotel.  The height of the project was reduced from 23 stories down to 15 stories.  According to the testimony of the operator, it will add about $1 million in additional Transient Occupancy Tax revenue to the City annually.  After the presentation by the applicant there were no members of the public left to address this issue.  Colin McCarthy whined about the lack of apparent interest in this project by the public.  The commission approved the project amendment, 5-0.

NEXT MEETING WILL BE A SOBER LIVING MARATHON
At the end of the meeting, at 8 p.m.,  Interim Development Services Director Jay Trevino advised the commission that their next meeting, on December 5th, would have a packed agenda - all sober living issues.  He said there were 11 group homes with 7 Public Hearings.  That is going to be one looooong night.  Bring a pillow if you plan to attend.

The Case Of The Shrinking Agenda

REMAINING TWO SOBER LIVING ISSUES CONTINUED!

You will recall that I mentioned that the Planning Commission meeting Monday had an even smaller agenda than originally planned.  Well, it got shorter before the meeting actually began when the two remaining Sober Living Home appeals were snatched from the agenda, by the applicant minutes before the meeting began.  Seems he figured out that he needed legal representation at the meeting, even though he had been notified of the schedule on October 6th.  Chairman Rob Dickson announced the request for extension and asked the applicant, Richard Perlin, to explain the reasons.  The commission agreed to continue the hearing to a date certain - November 14th - and Perlin jumped up AFTER the vote was taken to opine that his attorney might not be available on that date.  Commissioner Stephan Andranian expressed what appeared to be the opinion of the other commissioners when he said the applicant had plenty of time to acquire legal representation and he was not willing to consider re-voting to extend this process further.  The November 14th date stood.

440 FAIR DRIVE CONFUSION
And, the meeting took an even weirder turn when several members of the public showed up hoping to address the proposed development at 440 Fair Drive even though that item was NEVER on the published agenda!  Seems the plan was to include it when the deadline for notification of neighbors approached, so notices were sent out, but the issue never made onto the agenda.  This resulted in several members of the public even angrier than they already were about this project.

GANAHL LUMBER EXTENSION
That left only one item on the agenda - Public Hearing #1, the request from Ganahl Lumber for a retroactive extension on the plan to move their business next door to a site next door.  That one was dealt with quickly as consultant Peter Naghavi explained the process and the delays with several layers of bureaucracy.  He said they will be ready to go before the end of the year.  The commission passed the extension, 5-0.

PUBLIC COMMENTS
Earlier, during Public Comments, a half-dozen members of the public stepped up to the podium.

Beth Refakes told the commission that the recent candy drive for the children of the 1/5 Marines was very successful and thanked the public for the support.

Steven Chan addressed the commission on the issue of the noise coming from the recently-opened night club, Holiday, near his home.  He called for the resignation of Chairman Rob Dickson for what he perceived as his unwillingness to follow state law when approving the project.

Then up stepped defrocked Planning Commission Jim Fitzpatrick, to thank the commission for all their hard work.  He told them he took time out of his busy day (twice) to express his gratitude for their efforts.  He also expressed disappointment in the residents who dared to criticize the commissions actions, which he described as having lack of emotional control.  Funny, he should re-read some of his recent Facebook posts if he's looking for lack of emotional control.  Fitzpatrick is one pathetic individual - a chronic underachiever.

Tamar Goldmann told the commission she and her neighbors were very disappointed and angry about the way the 440 Fair Drive project is being handled, particularly in the confusion about the noticing.

Richard Russell, a supporter of the current council majority, praised the commission and told them to stick to their guns in the sober living appeals.

An unidentified person also addressed the sober living issue, observing that there seems to be a concerted effort to make life difficult for the small practitioners - like the ones originally scheduled for this meeting.  She referred to what appeared to be preferential treatment given to a local realtor and campaign contributor in a similar situation not long ago.

COMMISSIONER COMMENTS
During Commissioner Comments Andranian inquired about the noticing procedures with 440 Fair Drive.

Tim Sesler, who apparently removed the marbles from his mouth for this meeting, whined about the criticism leveled at the commission by speakers.  He said it was unethical and immoral.  He said it showed a lack of stability and professionalism.  Yes, sir... little Timmy, making friends whenever he opens his mouth.

Colin McCarthy also addressed the noticing issue.  He said, "We've come a long way."  Maybe, but there's clearly much room for improvement.  He then praised Sesler for his recent commentary in the Daily Pilot on the pension issue.  Of course, Sesler was wrong in so many ways that it's almost not worth the time to comment.

Dickson addressed Chan's concerns and said he's not going to resign.  He also addressed the overwhelming workload in the Planning Department and thanked the staff for their efforts.  He encouraged folks to call the Planning Department front desk at the number shown on this image.

Interim Development Services Director Jay Trevino addressed the noticing issue, indicating that the staff is working hard on improving the situation.

The meeting lasted exactly 54 minutes, finishing before 7:00 p.m.  Easy to do when 75% of your agenda gets tossed out!

Planning Commission Meeting Wrap...

LATE, BUT MOST FOLKS DON'T CARE...
Yeah, I know... I'm tardy with this report, but I seriously doubt if too many people are worried much about it.  There were fewer than a dozen folks in the auditorium Monday night for the 90 minute meeting, and nearly all of those were involved in one of the two items on the agenda.  But, let's get with it.

PUBLIC COMMENTS
All the commissioners were present at the meeting and they started right on time.  During the Public Comments segment three people spoke on issues important to them.

LICENSING CONFLICT
Steve Chan, who has been up to his ears in hassles with the new night club, Holiday, near his Center Street home, stepped up to remind the commission and Deputy City Attorney Yolanda Summerhill of the complications of issuing an entertainment permit to an establishment that is already encumbered with a beverage permit from the State that includes language affecting noice issues.  He's hoping for a clarification of the issue soon.

SUCCESSFUL GOWN DRIVE
Beth Refakes, representing the Military Affairs Team, told the commission about the successful gown collection/distribution event for the wives of the 1/5 Marines at Camp Pendleton.  She and her cohorts did a great job again of gathering gently-used gowns, prepping them and delivering them to Camp Pendleton for distribution.  Kudos to all involved again.  She also reminded us of the collection of individually wrapped candies for the "Trunk or Treat" event.  Residents are encouraged to deliver candies to City Hall for that distribution in a week or so.

SOBER LIVING HOMES
An unidentified person spoke to the commissioners on the Sober Living Home issue.  She's a member of TBON, a grass-roots organization created a few years ago to help get a handle on the proliferating Sober Living Home issues.  For more information on the group click on their name.

INTRODUCING NEW CONSULTANTS
Before turning to Commissioner Comments Chairman Rob Dickson introduced Jay Trevino, Interim Development Services Director, replacing the departed Gary Armstrong.  Trevino has a long and illustrious career in planning, both in Los Angeles and Orange County.  He held the top Development position in Santa Ana most recently.  He, in turn, introduced another consultant, Peggy Schneble, who is the Interim Assistant Director of Development Services - the position Claire Flynn held until she left for a private sector position earlier this year.  Both these individuals bring decades of relevant public and private sector experience to our city and should be helpful at a time when the workload is up and staffing is down.

During Commissioner Comments Colin McCarthy noted the departure of Fire Protection Analyst, Dave Hollister, who retired last week after decades of service to the City.  He suggested a proclamation be prepared to acknowledge his contributions.

Tim Sesler, once again, refuted comments made by that unidentified person, above.  He does that each time she speaks.

Neither Vice Chair Jeff Mathews nor Commissioner Stephan Andranian had any comments.

Dickson also addressed Hollister's contribution and spoke to Chan's concerns about the ABC license and asked the staff for a brief presentation on the process.

CLARIFICATION ON THE MINUTES OF 9/12/16
Chan asked for one of the items on the Consent Calendar - the minutes of 9/12/16 - be pulled for separate discussion.  He reminded the commission that they were being considered this time is because he challenged them at the last meeting as being inaccurate.  He is concerned that they may not meet the legal test because they are "action minutes".  When he finished it was explained by Dickson that if there were to be any legal challenge parties could refer to the video for a precise record of the event.

OLD LOS ANGELES TIMES SITE
At 6:25 Principal Planner Minoo Ashabi began hearing Public Hearing #1, the Re-zone of the old Los Angeles Times property and an adjacent chunk that currently contains a ball field - a total of just over 23 acres.  One speaker addressed this issue, reminding the commission that the "evil twin mayors" - Steve Mensinger and Jim Righeimer - had long ago commanded that there would be no residential uses north of the 405 Freeway and questioned their authority to unilaterally make such judgments.  She also told the commission that the Pat Moore Foundation - a 78 bed sober living facility - had recently moved out of their facility and, apparently, nobody at the City knew about it.  She wondered what was moving in there.  After almost no discussion the commissioners voted, 5-0, to approve the staff recommendation for the re-zoning of the property.  The entire discussion took less than 10 minutes.

SELF-STORAGE AT 375 BRISTOL STREET
Next came Public Hearing #2, the second pass at a modification of the property at 375 Bristol Street presented by Senior Planner Mel Lee.  The commission denied an earlier plan for this property in June.  This time around consultant Paul Freeman presented a different plan which abandoned the earlier proposed food court, retained some of the existing businesses and reduced the number of self-storage units to 719.

 A half dozen people spoke to this issue.  The previous time many more spoke - mostly business owners that would be forced to move with the old plan.  This time it was equally split between supporters and opponents, including existing business owners on both sides of the issue.

Following the speakers and other discussion Freeman reminded the commission that the current use is very constricted by the location and the airport and that the existing business model is not sustainable. 

Dickson told us he asked for a report from the Costa Mesa Police Department on typical calls for service to public storage places verses calls at the existing auto repair mall.  The self storage facilities had fewer calls for service.

McCarthy recalled the earlier presentation and described it as a "potato only half-baked".  He supported the new plan.

Sesler seemed on the fence about it and interrogated Freeman on some issues.  An amusing sidebar - Freeman had to ask Sesler to speak into the microphone because he couldn't make out what he was asking.  Welcome to my world, Paul!  Sesler is nearly impossible to understand when you're in the auditorium - he usually sounds like he's talking with a mouth full of marbles.

Andranian acknowledged that it is a difficult piece of property to work with, but felt he could support the current plan. 

The commission voted to approve the plan, 5-0, at 7:24 p.m.

ADDITIONAL MEETINGS... MAYBE
Trevino told the commission that they were working on a plan for possibly having extra meetings this month and, maybe, again in December.  He mentioned that they might have back-to-back meetings on October 24th and 25th to accommodate the avalanche of Sober Living Home appeals, and said the staff was working with the commissioners to coordinate their schedules.  As it turns out, as of this afternoon, there will only be one meeting - at the regularly-scheduled time and date - Monday, October 24, 2016.