Garden again throws off Town Center

Jennifer Kho

COSTA MESA -- Concern about the future of the Isamu Noguchi California

Scenario garden has led to another delay for part of the Town Center

project.

“We’re disappointed, but we’re very confident we can find a way to put

all the words together and make this nice project happen,” said Phil

Schwartze, planning consultant for Commonwealth Partners LLC, which is

trying to develop the part of the Town Center project surrounding the

garden. “I’m sure we’ll find some happy medium that will work. We thought

we had it, but I guess not.”

The Town Center project, a collaboration between South Coast Plaza

Partners, the Orange County Performing Arts Center and Commonwealth,

seeks to transform South Coast Metro into a pedestrian-oriented cultural

arts district bordered by Bristol Street, Sunflower Avenue, Avenue of the

Arts and the San Diego Freeway. The area would have a new symphony hall,

expanded South Coast Repertory Theater and an art museum or academy, as

well as restaurants, office space and improved parking.

The council gave its final approval March 5 to the other parts of the

Town Center project but postponed a decision on the Commonwealth portion

of the complex.

A dispute about the length of time Commonwealth would be required to

maintain the garden for public use has kept the firm from getting final

approval for the project.

At the meeting, the council instructed city staff to require

Commonwealth to maintain the garden for 25 years and to force the

developer to carry out extensive public notification for any changes to

the garden after that period expires.

Commonwealth representatives agreed with the 25-year term, but the

council contradicted itself Monday, deciding instead to require the

developer to maintain the garden and public parking for the garden “in

perpetuity.”

A string of speakers encouraged the council to require the developer

to maintain the garden forever.

The garden is already protected by law from intentional destruction or

damage but is not being maintained under any specific agreement.

Commonwealth representatives emphasized that they have no intention of

damaging the garden and that their project has been focused on improving

the garden, including plans to replace the buildings that are part of the

garden to prolong the garden’s life and plans to redesign buildings that

now block the garden from being seen from the street.

“A lot of people were misinformed and thought that somehow, at the end

of 25 years, we had plans to take the sculpture garden out,” Schwartze

said. “Nothing could be further from the truth. Doing nothing is what’s

going to hurt it because those buildings will continue in a state of

decline.”

Mayor Libby Cowan said the entitlement the council is giving is worthy

of protection of the garden in perpetuity.

“I’ve always felt that the garden is a very valuable asset to the

community,” Cowan said. “I understand that a future council could change

the [development agreement] at any time, but I think it sends an

incredibly strong message -- not only to Costa Mesa and the developer,

but also to the world -- that we care about art and that we care about

maintaining those things that are quality.”

Jim Anderson, a partner with Commonwealth, has said the developer

could not proceed with the project if it is forced to commit to

maintaining the garden in perpetuity.

The problem with the term “in perpetuity” is that it does not have a

defined, legal meaning, and it is an open-ended term that Commonwealth

cannot agree to because it is backed by public money, said Mary Urashima,

spokeswoman for the developer.

Commonwealth mostly relies on California Public Employees Retirement

System money, public funds that carry restrictions.

Cowan said she believes the developer can find a way to make “in

perpetuity” work.

“I think there is incredible value in the project, and I think that

the language on the part of the developer saying, ‘We can’t do it,’ is

their negotiating stance,” she said. “I really believe they can. They

will find a way to make it work if they believe in their project.”