City Council Agenda Preview

COULD BE ANOTHER LONG NIGHT
The Costa Mesa City Council meets again at 5:45 p.m., Tuesday January 19, 2016 in City Council Chambers at City Hall for what promises to be a very interesting meeting.  The full agenda is HERE.

PRESENTATIONS
Early in the meeting there are three presentations scheduled:

• Mayor's Award - OCC Soccer: All Orange Empire Conference Team Players
• Delegates from Wyndham, Australia
• Cal Trans - I-405 Red Hill Avenue Overcrossing

COMMENTS
Then comes Public Comments - always an adventure, since folks can exercise their right to address the council for three minutes on ANY issue important to them that IS NOT on the agenda for this meeting.  That's followed by Council Member Comments and the CEO's report - if they actually let him speak, that is.

CONSENT CALENDAR
Next comes the Consent Calendar - those items deemed to be "routine" and can be considered in one vote without separate discussion.  This time there are nine (9) items listed.  I won't cover them all, but will comment on the Warrant.

THE WARRANT
Item #2,  Warrant Resolution #2549, HERE, which lists items paid.  This is always a fun exercise to scroll down through the list to see what makes up the disbursement of nearly $5 million dollars on our behalf.  Here are a few that caught my eye.

• Civil Source - $96,180.00 - Temp Support (various)
• Jones & Mayer - $116,952.24 - Legal Services (many)
• Moore Iacofano Goltsman Inc - $66,536.38 - GP Update & Environ. Report
• ASSA ABLOY Entrance Systems - $14,761.00 - Sr. Center Installation
• CSG Consultants, Inc - $13,733,73 - Bldg. Inspct Svcs
• Government Staffing Services - $6,865.00 - Temp Svcs
• Melad & Associates - $4,716.04 - Building Plan Check Svcs
• Scientia Consulting Group Inc - $6,880.00 - Prof. Svcs Agreement
• City of Huntington Beach - $21,210.00 - Helicopter Svcs - Nov 2015
• G4S Secure Solutions - $55,912.55 - Jail Facilities - Nov. 2015
• KOA Corporation - $16,952.38 - 19th Bike Fac. 11-15, School Zone ClngProj-11-15
• Kabbara Engineering - $20,585.95 - Fairview Bike Trail, 6/1-7/15/15
• Liebert Cassidy Whitmore - $35,695.02 - Legal Svcs (various)
• Graphic Solutions Ltd - $4,772.00 - CM Wayfinding Signage  Oct2015
• Orange County Humane Society - $8,250.00 - Kennel Fees, Nov. 2015 
• Sears Commercial One - $3,132.86 - Gray Paralance Reclina-Rocker

So, that's a sample.  More than $150,000 for legal services; more than $122,000 for temporary services and much, much more.

NO PUBLIC HEARINGS - 2 OLD BUSINESS ITEMS
There are no Public Hearings scheduled.  Normally those would be heard beginning at 7:00 p.m.  There are a couple Old Business items on the agenda, though.

GROWING "WEED" IN THE CITY
Old Business #1, HERE, is the second reading of the new ordinance regarding the prohibition of cultivation of marijuana in the city.  You may recall that this is required unless we want to let the State of California control that activity.  Any such ordinance must be in force before March 1.  This one won't take long - five minutes, max.

RESIDENT-ONLY PARKING
Old Business #2, HERE, is another second reading - this time the ordinance regarding parking prohibitions and resident-only parking permits.  Again, this one shouldn't take long since it was thoroughly vetted during the first hearing.  There is a revised "Guidelines for Consideration of Installation or Removal of Resident Only Permit Parking", HERE.

I-405 AESTHETICS
There are several New Business items on the agenda.  #1, HERE, which is titled "I-405 Improvement Project - Aesthetics Plan", and deals with the aesthetics of the proposed expansion of the I-405 Freeway between the 73 Toll Road and the I-605 at the Los Angeles County line.  You'll recall the turmoil over that project, which will add one mixed-flow lane and one express lane and convert the HOV lane into an express lane.  This item addresses the "look" of the project.  There are several attachments dealing with sound walls, and other design elements.

CDBG GRANT CRITERIA CHANGES
New Business #2, HERE,  deals with revisions to the Community Development Block Grant Public Service Grants rating criteria.  This is a big deal.  The ad hoc city committee responsible for the review and recommendation for receipt of such grants has recommended a modification of the requirements. Those are summarized here:
1. A maximum of ten grants may be awarded per year. (Revised from maximum of 20 grants per year.)
2. Minimum grant amount is $15,000. (Revised from $5,000.)
3. Staff will obtain copies of police incident reports for all applicants with Costa Mesa-based facilities that provide direct services to the public. (Added emphasis in review process.)
4. A maximum of five points will be awarded to applicants that are based in Costa Mesa. (Previously no points were provided for Costa Mesa-based programs.)
5. Award rating points for grant applicants that partner with other service providers. Note: partner does not need to be a grant applicant. (Previously only bonus points were awarded for collaborative applications.)

In my view, the biggie here is the halving of the number of grants to be given each year.

SPEED HUMPS ON SAINT CLAIR STREET
New Business #3, HERE, is the request for speed humps on Saint Clair Street by resident Jay Litvak.  The staff has analyzed this situation and recommends NO speed humps be installed.  For you speed hump fans, this staff report and included chart will be of interest.

BIKE COMMITTEE GOALS AND OBJECTIVES
New Business #4, HERE, is near and dear to my heart.  This is the presentation to the City Council of the Bicycle and Pedestrian Master Plan - Goals, Objectives and Policies by the Bikeways and Walkability Committee.  I've sat through almost all of the meetings of this dedicated group, who worked tirelessly to carefully craft the document they will present to the City Council Tuesday night.  The staff report provides the information you need, and you can read the entire document - the product of more than four (4) months labor by this group - HERE.

AMBULANCE TRANSPORT
New Business #5, HERE, Ambulance Transportation for the City of Costa Mesa, is the final item on the list.  I wrote about this earlier, so will not flog it further.  You can read what I wrote HERE.  I'm just disappointed this item is so late in the agenda.  History shows us that many council members lose their focus as the evening wears on and sometimes exercise poor judgment when dealing with complicated issues like this one.  We'll see.

A Few Surprises At Planning Commission

LAST MEETING OF THE YEAR
During their last meeting of this year the Costa Mesa Planning Commission threw a couple curve balls, just to keep us all on our toes.

SMART GROWTH INITIATIVE PETITIONS
One anonymous person spoke during Public Comments to remind the commissioners and the audience that proponents of the Smart Growth Initiative will be collecting signatures to place it on the November, 2016 ballot for the next three weeks.  She reminded us to go to www.costamesa1st.com for more information.  She told us that tables will be set up on the following days at each of the following venues, all from 9:45 a.m. - 3:00 pm.

Dec. 19 & 20 - Wilson Elementary School, 801 Wilson (@ Placentia)
                          & at Harper School, 425 R. 18th St. (@Tustin)
Dec. 26 & 27 - Estancia Park, 1900 Adams (@Mesa Verde Drive West)
                         & at Harper School
Jan. 2 & 3 -      Lindberg Development Center, 220 23rd St (@Orange)
                         & at Harper School

LOT SPLIT AT 410 WALNUT PLACE
Public Hearing #1 - the request for a Tentative Tract Map to carve up a nice piece of property in my neighborhood at 410 Walnut Place into five (5) individual lots for future sale and development - unexpectedly got very interesting.

SEEMED STRAIGHTFORWARD...
Following the brief staff report by planner Chelsea Crager in which she explained that all five lots met all current city standards - three (3) measured 6,000 square feet and the remaining two were 7,200 and that no code deviations were being requested and a presentation by the property owners representative, Civil Engineer Rob Hamers - who explained that he didn't think it was fair for the property owner to be required to do a soils study and a drainage plan - several nearby neighbors stepped to the speaker's podium to express their concern.

...BUT NOT TO UNHAPPY NEIGHBORS
Of the fourteen (14) speakers who addressed this issue, eleven were nearby neighbors and they all opposed five lots being created for a variety of reasons.  However, one common thread was that it would ruin the character of the neighborhood.  One family member spoke on the reason for the requested subdivision - to provide funds for the maintenance of critically ill family members.

DIFFERENCES OF OPINION
In his response to those concerns Hamers rather cavalierly dismissed most of them as "irrelevant" - and made few friends with that observation.  Some of the speakers implied the five lot proposal was just about money, ignoring expressly stated views of the now-deceased property owner, who said it would be split into four lots.  Family members disputed that presumption.

DENIED WITHOUT PREJUDICE
In the end, after ninety minutes of discussions, it all boiled down to, as Commissioner Colin McCarthy put it, a question of compatibility.  The proposed five lot split would not be compatible with the neighborhood.  A majority of the commissioners agreed with the neighbors, so when the motion was made it was to deny the tract map as presented without prejudice, which means the owners can massage the plan and re-submit it without waiting for six months and paying new fees.  The commission passed it on a 4-1 vote, with Tim Sesler voting NO.  And, of course, they can appeal the denial to the City Council in a week.

CONTROVERSIAL CABRILLO CONDOS
Public Hearing #2, the proposal to develop two condo units at 217 Cabrillo, with one of them "fronting" on the alley that separates that lot from commercial development on 17th Street near Orange Avenue, also generated some significant discussion.  Several of the commissioners struggled with this one because of the alley orientation of the rear unit.  McCarthy bemoaned the lack of guidance available within the codes regarding alleys.  In the end, following 70 minutes of discussion, the commission voted, 3-2, to approve the project.  McCarthy and Stephan Andranian voted NO.  McCarthy asked Assistant Director of Development Services Claire Flynn for a memo regarding alleys - how they are viewed differently than streets, etc.

STATE FORCES THE MARIJUANA CULTIVATION ISSUE
Following a short break Public Hearing #3, which is a state-forced ordinance dealing with the prohibition of cultivation of marijuana, was discussed.  During the discussion Vice Chair Jeff Mathews asked perhaps the most cogent pair of questions.  First, is this a "now or never" situation?  If the City doesn't pass this ordinance before the state-imposed deadline of March 1, 2016 will it be abdicating all control of this issue to the state?  The answer from staff was "Yes".  Second, if this ordinance is passed may the City later modify and soften it later?  The answer was also "Yes".  The commission passed the item, 5-0.  There is brand new - two-week old - case law on this issue. And, the second chart shows the timeline to meet the state deadline.

THE HALAL GUYS OPERATING HOURS
Next up was Public Hearing #4, the request by the wildly successful new restaurant, The Halal Guys, to extend their operating hours, to midnight Sunday - Wednesday and until 1:00 a.m. Thursday -Saturday.  This item had been heard before, but was continued to this meeting so the operators could come back with a modified plan.  McCarthy had a conflict so recused himself.  After 45 minutes of discussion the commissioners voted, 3-1, with Andranian voting NO, to approve the request, but with the proviso that the issue be evaluated for three months to determine the effectiveness of the new operating hours and be reviewed at the end of that time for the possibility of revoking the minor conditional use permit.  The operator reportedly had already made many changes to satisfy nearby neighbors regarding trash and noise.  Parking is an issue, but the property owner is experimenting with complimentary (free) valet parking to resolve the issue.

FREE VALET PARKING
Which brings us to the final item on the agenda, Public Hearing #5, the request for valet parking at that center.  Manager Jason Ball outlined his plans to use free valet service - it will cost him $3,000 per month - to help mitigate the ongoing parking issues for the entire center.  Following a short discussion the remaining commissioners passed it, 4-0.  The meeting ended at 10:20 p.m. and will reconvene next on January 11, 2016.

Development, Marijuana Prohibition and The Halal Guys

COULD BE A LONG ONE
The Costa Mesa Planning Commission meets for the only time this month on Monday, December 14, 2015 beginning at 6:00 p.m. in City Council Chambers at City Hall.  You can read the agenda for that meeting HERE.  It looks like this meeting could run long due to the nature of a couple of the items on the agenda.  We'll see.

420 WALNUT PLACE
Public Hearing #1, HERE, is of particular interest to me since it involves a large lot in my Eastside neighborhood.  On our frequent walks over the decades we've lived here we've watched this lot, identified in this agenda item as 410 Walnut Place, and have fantasized about what the future of that large chunk of land might be.  A few years ago two lots fronting Tustin Avenue were carved out and developed.  Since that time we've been waiting for the other shoe to drop.  Monday it drops.  This item is for a Tentative Tract Map to prepare the site for development into five (5) individual home sites.  While no development is currently in the works, this is the first step.  As part of this process the existing structures on this huge lot will be demolished.  There are NO variations or deviations asked for since each lot meets or exceeds development standards for R-1 lots.  While a few of the nearby neighbors may attend to comment/protest the increase in traffic/congestion the development will mean to this neighborhood, it really has been inevitable.  This is a slam-dunk.

ANOTHER SMALL LOT DEVELOPMENT
Public Hearing #2, HERE,  is another small lot development at 217 Cabrillo Street.  It requests no variances or administrative adjustment.  One peculiarity is the use of the alley as the "front" of one of the units.  This is discussed in the staff report.  It's unlikely the commission will not pass this one.

PROHIBITING CULTIVATION OF MARIJUANA
Public Hearing #3 , HERE, should be VERY interesting!  This item is in response to the passage of three recent bills, signed into law by Governor Brown, AB 243, AB 266 and SB 643, which, combined, are known as the Medical Marijuana Regulation and Safety Act, are discussed in detail as part of the staff report.  This item will create a new ordinance to specifically prohibit the cultivation of Marijuana in the City.  It will amend the Municipal code as follows:

• Chapter 1, adding new definitions related to marijuana and/or medical marijuana cultivation and related enforcement.
• Chapter IV, adding cultivation of marijuana and/or medical marijuana as a prohibited use in all zoning districts
• Chapter IX, adding Article 20 with specific regulations related to medical marijuana and/ or marijuana cultivation. 

As I said, this should be a VERY interesting discussion and I won't be surprised if we have more than a few speakers - you know, farmers and the like - addressing this issue.

HALAL GUYS EXTENDED HOURS
Public Hearing #4, HERE, is the appeal of the Zoning Administrators denial of extended hours for The Halal Guys restaurant at 3033 Bristol Street.  This item was continued from the October 26th meeting and the result is a modified proposal, shown in the chart.  This restaurant has been wildly successful since opening and, as is usually the case with such success stories, there are unanticipated issues to deal with.  The primary concern expressed previously was the impact on nearby residential neighbors.

VALET PARKING CONDITIONAL USE PERMIT

Public Hearing #5, HERE, is related to the previous item because it is a request for a Conditional Use Permit by the property owner at 3033 Bristol for on-site valet parking services to accommodate peak hour demands of the restaurant uses.

NEXT MEETING NEXT YEAR

The next Planning Commission meeting will be held on January 11, 2016.