An Early Night At The Planning Commission

SHORT, BUT NOT WITHOUT A SURPRISE
The final Planning Commission meeting of this month was a short one, with all the business completed by 8:15 p.m., barely two hours in duration.  It was a nice relief to be able to get home and re-introduce myself to the sweet and very patient woman who shares my roof.

HALLOWEEN CANDY DRIVE
Beth Refakes, member of the Military Affairs Team, reminded us of the Halloween candy drive for the children of the 1/5 Marines at Camp Pendleton.  Each piece MUST be individually wrapped and placed in the box in the City Hall lobby.

BUILDING INSPECTION REPORT
Item #2 was pulled from the Consent Calendar so Building Official Khanh Nguyen could make a brief report to the commission on the status of the Building Inspection Department.  I showed you this graphic before.  It shows you, in trimesters, the volume of building inspections done by city staff and contractors since 2005 - the year Nguyen began with the city.  He explained that the staff, supplemented by one contract inspector, are working long hours and that the management team also goes out to inspect if necessary.  You can see the dramatic dip during the recession and the rise to current record numbers today, from just over 3100 to over 11,000 today.

 Nguyen went through the permitting process and showed many slides depicting various stages.

EXTENSION OF SEGERSTROM TOWN CENTER DEVELOPMENT AGREEMENT
Public Hearing #1, the request from Segerstroms and Sons for a 20 year extension of the Development Agreement for what is known as the Segerstrom Town Center property.  It took all of six minutes for staffer Minoo Ashabi to make her presentation, Segerstrom representative Justin McCusker to make his and for the vote to be taken - 5-0 - to recommend to the City Council that this request be approved.

HELISTOP REQUEST RESURRECTED
Public Hearing #2, the request for a helistop on the roof of a commercial building at 3132 Airway Avenue, adjacent to John Wayne Airport, didn't go quite so quickly.  This item is a resurrection of the same request from 2011, which was denied by the then-Planning Commission and the applicant did not appeal it to the City Council.  The applicant, Kevin Coleman, explained that this use would actually reduce the number of flights by this private owner, who currently houses his helicopter in a hangar on the John Wayne Airport grounds within 200 yards of this site.

Property owner Denis Labonge stepped up to object to the proposal and said he represented several of the other occupants of the building in question.  He spoke of the noise and dirt that his tenants would be subjected to with this use on the roof of the building - dust being forced down the air vents, etc.

Helicopter Mike Manclark addressed the issue and clarified the uses of his machine currently and the anticipated reduced use if the request is approved.  He spoke of the philanthropic uses of his helicopter throughout Costa Mesa.

MORE DATA NOW
When the original request was denied by the Planning Commission they were missing a Noise Report, which was now available.  When this issue was considered in 2011 the City of Newport Beach sent a long letter suggesting approval of the request might be interpreted as an expansion of the John Wayne Airport footprint and, therefore, was against it.  This time around former Costa Mesa senior staffer Kim Brandt, now a senior planning official in Newport Beach, wrote a letter transmitting that original document, reinforcing their opposition, which members of the commission apparently interpreted as flagging interest in this issue.

BUTT OUT, NEWPORT!
Commissioner Colin McCarthy carried much of the discussion and seemed peeved that Newport Beach would dare insert itself into Costa Mesa's business.  He indicated early in the discussion that he didn't see the problem with the request.

QUIET HELICOPTER
Other commissioners, including Chairman Rob Dickson and Commissioner Stephan Andranian,  had some concern about the current helicopter - an EC 120 - being swapped out for a noisier one in the future.  However, the proposal contains a condition restricting the noise levels to those made by this machine, so any new equipment would be held to that standard.

A THIRD ALTERNATIVE REJECTED
Assistant Development Services Director Claire Flynn told the commission they actually had three alternatives.  They could approve, deny or simply register their opinions and pass the decision on the City Council.  McCarthy balked at that one, and suggested they actually make a decision - which would be sent to the City Council for ratification in any event.  So, he moved approval of the request and Vice Chair Jeff Mathews seconded it.  The commission approved it on a 5-0 vote.

HERE IT COMES... THERE IT GOES!
Public Hearing #3, a two year extension request for a development at 522 and 526 Bernard Street took six minutes flat for the commission to approve.

UNDERGROUNDING AN ISSUE ON ELDEN STREET PROJECT
Public Hearing #4, the development at 2333 Elden Street, took a little longer to flesh out.  Two minor deviations were being requested for this 5-unit Small Lot Development on a long, skinny lot.  The only clinker in the discussion was the requirement for the project to have undergrounded utilities.  The owner balked at this suggestion because a consultant he hired to assess the situation told him that it would be quite costly, even if Southern California Edison approved it - and that was no slam dunk.  For this to happen at least 3 nearby neighbors would have to agree to the undergrounding for their properties and that was complicated by the understanding that Edison would forbid any infrastructure to be built over their undergrounded lines.  Unfortunately, the applicant had no letter from Edison to that effect.  Nor did he have communication from the neighbors involved registering their opposition.  If he had, the staff could have handled it without commission intervention.  Even though they knew that, the commission approved the plan WITH the requirement that the undergrounding move forward, presuming the applicant would get the necessary objections from Edison and/or neighbors which would negate the requirement.  They simply could have NOT required the undergrounding.  Strange.  Now this means more work on the part of the applicant and more staff time taken up on this issue.  The project was approved, 5-0.

MEDIAN AND MONUMENT ON DEL MAR
During staff comments City Engineer Fariba Faseli told the commission that the median and monument work was beginning near the Starbucks at DelMar and Newport Boulevard, near the community garden.

COSTA MESA MOTOR INN PROJECT MOVING FORWARD
Flynn told the commission that the information about the project at the Costa Mesa Motor Inn is now online and the project will be appearing before them at their next meeting on October 12th and will go before the City Council on November 3rd.

(Image courtesy of the Daily Pilot)

Barrera's Maison Red Tagged By City

OFFICIALS CLAMP DOWN ON BARRERA
Friday afternoon I received a call from friends telling me that there was a "significant" official presence at the location of Roland Barrera's new night club, Maison, at 719 West 19th Street.  You may recall that this venue was the subject of a complaint by neighboring resident Steven Chan at the city council meeting last Tuesday, when he told the council that this site was being renovated into a LiveNation entertainment venue.

RESIDENT COMPLAINT LAUNCHES INVESTIGATION
Chan's comments and subsequent conversations with city officials generated a beehive of activity at City Hall this week, which culminated in the visits to the site today.  According to reports from readers, Barrera was selling tickets to shows at the sight tonight, Friday, and Saturday even though construction was still underway.

(Code Enforcement Officer Apolinar Ramos, Khanh Nguyen and Brad Zint)

OFFICIALS ON SITE AND UNHAPPY
So, I grabbed my trusty camera and drove across town to find Costa Mesa's Building Official, Khanh Nguyen, Code Enforcement Officer Apolinar Ramos and representatives from the Costa Mesa Fire Department on site, inspecting the place.  They were not happy.  Several residents and Daily Pilot Ace Reporter, Bradley Zint, were also there.  The official presence was later augmented by the arrival of Fire Battalion Chief Kevin Diamond, Hazardous Materials Specialist Michelle Rudaitis and Fire Chief Dan Stefano.  New Planning Commissioner Stephan Andranian also showed up later and toured the facility.

(Rudaitis and Diamond with unhappy resident)

MEMBERS OF THE PUBLIC UNHAPPY, TOO
Members of the community heard about this situation and stopped to tell officials how they felt about it, and to express concern about the frequency of this kind of situation on the Westside.

THE CULMINATION OF ACTIVITY
After spending a couple hours on the site Friday afternoon investigating the venue - which had been preceded earlier in the week with conversations with Barrera in which he was directed to retain the services of an architect, and directing Barrera to make specific changes - Nguyen found the venue was nowhere close to being ready for occupancy earlier in the afternoon.

ARROGANT DISREGARD FOR THE RULES
It turns out that Barrera had completely ignored the rules.  He had neither sought nor received ANY permits of any kind for this operation, including business license, use permit and more than a half dozen building permits for things like plumbing and electrical work being done.

GIVING HIM THE WORD
At 5:00 p.m. Khanh and Stefano finally gave the word to Barrera that, despite all the changes they were making, the building would be Red Tagged, and any occupancy except for workers required to correct deficiencies would be prohibited.

 (Andranian, Stefano, Nguyen, Rudaitis, Barrera and Architect)

RED TAGGED
As Khanh affixed the Red Tag to the wall adjacent to the new entry door being hurriedly installed by workers, members of the band scheduled to play that night arrived to begin their set up.

FINES TO BE ASSESSED NEXT WEEK
It is my understanding that Barrera will be prohibited from any use except the aforementioned construction until next Thursday, when a subsequent inspection will be made.  As mentioned before, he was required to retain the services of an architect to assure the necessary changes were proper and met code.  In addition, Barrera will be assessed fines next week for his failure to acquire the necessary permits.

A PATTERN...
Many of the residents who attended this event expressed concern for the arrogant disregard for the rules in this case.  Mention was made about public safety and references were made to tragic nightclub fires around the country in similar circumstances.  Based on comments from city staff, the fines that will be levied next week - likely less than $2,000 -  really don't seem to be a sufficient disincentive for the gravity of the offense and the flouting of the law.  Barrera has a well-documented history of problems with the legal system.  That's a discussion for another time.

NO SIGN OF ACTIVITY TONIGHT
Later tonight I drove back to the site to see what, if anything, was happening.  The only pedestrian traffic in the parking lot seemed to be coming from the laundromat two doors down.  The temporarily-constructed new door was closed and, on another nearby door there was a notice of the cancellation of the performance.

THE PLACE IS A MESS!
This site is really in disrepair.  There was no evidence of ANY kind of cosmetic maintenance on the exterior of the building.  Graffiti was evident on two sides of the building and the planter area in the front was a shambles.  It is unclear whether Barrera will be required to make improvements on the exterior in addition to the safety measures on the interior.

KUDOS TO CHAN AND OTHERS

So, we learned this week that alert residents willing to speak up can be an effective force within the community.  Thanks to Steven Chan and his vocal neighbors and others who continued to push this item with city officials to be sure the safety of the public was considered and the rules followed.  Kudos to all.

Costa Mesa Elections Committee Formed

CEO ANNOUNCES THE COMMITTEE
Costa Mesa Chief Executive Officer Tom Hatch announced today, HERE, that he has formed a committee to promptly address election-related issues between now and the General Election in November.

CITY STAFF FORM THE COMMITTEE
While the specific players have not yet been announced, according to Hatch today it's very likely that City Clerk Brenda Green, Chief of Code Enforcement Willa Bowens-Killeen, Building Official Khanh Nguyen and representatives from Human Resources and the CEO's office will be involved.  While he will certainly be paying close attention, it is unlikely that Hatch will personally oversee this committee.  I would anticipate him delegating that responsibility to either Assistant CEO Rick Francis or Assistant CEO Tammy Letourneau.

A "COMPLAINT-DRIVEN" PROCESS
This committee will be complaint-driven, responding to any issue brought to their attention by candidates or members of the public involving campaign issues.  In the past, most of this activity revolved around campaign sign issues - placement, size, etc.  I suspect the new "Costa Mesa Connect" app for smart phones will be used a lot...

MORE OUTSIDE LEGAL FEES
According to the announcement the taxpayers will be paying for yet another outside law firm - in this case in the person of Matthew Richardson, a partner with Best Best & Krieger in Irvine - to help the committee navigate these issues legally.  He will be paid $224 per hour with no cap mentioned in the press release.  We presume these costs will be taken from Hatch's $1,000,000 contingency fund.

EXPECTING STRIFE
It is anticipated by many in town that this may be the most contentious campaign season ever!  Because of that perception, Hatch felt it was best to get out in front of this situation quickly.

WONDERING WHAT IT WILL DO...
Quite honestly, I don't know exactly what this committee will do except notify candidates if their signs violate the law.  Our sign ordinances are pretty vague when it comes to campaign signage and there seemed to be no interest in tightening them after the elections two years ago.  Are we going to see Mayor Pro Tem Steve Mensinger on a stake-out with a private investigator and a movie camera again?  Will city employees be put under surveillance?  Hatch already communicated with the city staff on their responsibilities during the campaign - the things they can and cannot do.

HANG ON!
So, neighbors, fasten your seat belts... it's going to be a long six months.

Things We Learned From The Planning Commission Meeting

NEVER TOO OLD TO LEARN
Last night the Costa Mesa Planning Commission met to do the city's business for their only scheduled meeting this month.  Watching the meeting I learned a few things I didn't know before.

MESA GREEN DESIGN AWARD
For example, apparently it is possible to present award - the Mesa Green Design Award, specifically - intended to recognize a PROJECT for its green impact on our city, to a person.  Tonight Chairman Jim Fitzpatrick presented the award to employee Khanh Nguyen, the city Building Official.  (photo show him receiving another award five years ago) As I've said before, this seems like a corruption of the award - certainly the intent of the award.  Yes, the contribution Nguyen and his team has made in facilitating plan checking and inspection is quite significant and, yes, recognition is certainly appropriate - just not this particular award.

FITZPATRICK WANTS "ACTIVIST" COMMISSIONERS
We also learned that Chairman Fitzpatrick is taking on the mantle of "activist".  He said, "I have always believed that commissioners should be active and not just read the staff report and vote yes or no, but they should have projects and things that are important to them in the community and things that are important to residents and businesses."  He went on to say, "My intention is to roll up my sleeves and work on motels within our community.  I think there are a lot of opportunities to improve the quality of life here by focusing on motels."  He went on to encourage his fellow commissioners to find issues and roll up their sleeves, too.

PARKING AT "THE CAMP"
As anticipated, the commission pulled the item from the Consent Calendar dealing with the parking issue at The Camp and approved without comment the balance.  The discussion focused on the on-going parking difficulties at that retail center, the extensive use of valet parking and off-site employee parking.  Commissioner Colin McCarthy emphasized the broader issue of under-parked retail centers throughout the city during the discussion.

PITFIRE ARTISAN PIZZA 
The commission went round and round discussing the request for extended hours and valet parking for this facility.  The request was to permit the restaurant to remain open until 2:00 a.m. and would including valet parking.  When the item was passed, 5-0,  it included a proviso that the staff bring back an analysis of the operations as approved at the September meeting.

 BEACH HUT DELI
The next item was the Beach Hut Deli, located just down the street at the corner of17th Street and Irvine Avenue.  Once again, the applicant wants to serve alcohol on the patio fronting on 17th Street and extend the hours.  This center, which has many food establishments, has an on-going parking issue during peak hours despite a recent renovation of the parking lot that added approximately 8 spaces.  McCarthy expressed concern about "intensity of use" due to the alcohol sales, but it was satisfied by an explanation by the applicant who told them that another business in the center no longer sells alcohol.
The commission resolved any concerns about parking and outdoor service of alcohol and approved the request, 5-0.

CONDO CONVERSION APPROVED
The final item on the agenda, the conversion of new construction condos on Pacific Avenue to ownership units.  It breezed through the process and was approved, 5-0.  McCarthy was euphoric about this opportunity for more ownership units in Costa Mesa, which - according to McCarthy - has the worst ratio of rentals vs. ownership units in the entire county.

HONORING MIKE DELGADILLO
Vice Chair Rob Dickson closed the meeting in honor of recently-deceased Costa Mesa Detective Mike Delgadillo for his service and dedication to the community... a nice touch.  The City recently advised us that donations may be made to Mike's family - his four children, ages 14 to 20.  Those donations may be made out to the Costa Mesa Police Officers Association Survivors Fund on behalf of Mike Degaldillo and either forwarded to the Costa Mesa Police Department or mailed to the CMPOA at P.O. Box 1742, Costa Mesa, CA 92628.  We are reminded that they have no one actively soliciting donations from the public.  Donations should only be made through the CMPOA Survivors Fund.

Closing The "Abstaining" Loop

REMEMBER?
Last month I reported about the Planning Commission meeting at which contentious, de-frocked Costa Mesa Sanitary District Director Jim Fitzpatrick was elected Chairman of the Costa Mesa Planning Commission, HERE.

FITZY'S ABSTENTION
In that entry I criticized Fitzpatrick for choosing to abstain from voting on the only substantive issue on the agenda - a proposed development on the far west end of Victoria Street.  When it came time for him to cast his ballot he asked the City Attorney, Christian Bettenhausen, if he could abstain and was told he could abstain any time he wanted.  I took exception to that advice and quoted the city Municipal code section to support my contention that he was required to vote unless he had a conflict of interest.  Here's that section, 2-69, of the code:
Every councilman should vote unless disqualified by reason of a conflict of interest.  A councilman who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon.  A councilman who is silent or inattentive and fails to vote without stating his abstention or without being disqualified shall be deemed to have cast a "yes" vote.

LOOKING FOR CLARIFICATION
Following the meeting I wrote to CEO Tom Hatch and City Attorney Tom Duarte, asking for clarification.  I cited an event a couple years ago when then-mayor Allan Mansoor refused to vote on an issue that degenerated into a shouting match between him and then-councilwoman Katrina Foley which prompted then-City Attorney Kimberly Hall Barlow to call for an immediate closed session to sort the issue out.  At that event, when the council walked out of the chambers to that closed session Mansoor just kept on walking and didn't return to the meeting and the issue of him being required to vote was never resolved.  The remaining council members voted 3-1 on the issue.  So, I wanted a clarification.

SHOULD VS. SHALL
This week Duarte called me and explained that the operative word in the code is "should" - I highlighted it in red above.  It is interpreted that a member may abstain for any or no reason at all on any issue.  Had the code used "shall", the member would be required to vote on every issue unless there was a conflict.  So, there we have it.  Words count.  I'm grateful to Duarte for his quick, clear reply.

MORE INFORMATION
 Later in the Municipal Code it is stated that once a member abstains from a vote he cannot later choose to vote on it - what's done is done.

THE PROJECT IS APPEALED
The issue that created this question in the first place - the project on Victoria - has been appealed to the City Council.

MESA GREEN DESIGN AWARD
The question of whether Fitzpatrick can nominate a person - City Building Official Khanh Nguyen - as the recipient of the Mesa Green Design Award is under review and may be clarified at the next Planning Commission meeting.