Short, But Not So Sweet, Council Meeting

A SHORT MEETING, BUT WITH SCHEDULE-JUGGLING ASSURED
Tuesday's Costa Mesa City Council meeting should be short - interesting, but short. In fact, I suspect their "7:00" rule for public hearings is going to bite them again. If the meeting starts promptly at 6:00 as scheduled they should be ready for the first public hearing by 6:15. Even if they slip the only public hearing scheduled - a request to extend the closure date of Garcia Recycling - there are only two items of New Business to consider and those could go quickly. It is our suggestion to the council that they abandon the requirement to begin public hearings at 7:00 and just let the agenda flow as written.

GARCIA RECYCLING - AGAIN
In any event, the first and only public hearing is from Garcia Recycling, who is supposed to close it's recycling business they've operated on West 19th Street for 20 years. Apparently they are close to acquiring a new location nearby and have asked for an extension of their closure order to finalize the deal.

MASONRY WALL PERMITS
The first item of new business is an interesting issue. You may recall that recently the council decided to require masonry walls in locations where wood fences were previously authorized. Now comes the other shoe - the requirement for a permit, which may cost at least $350, for each such wall over 3 feet in height. You can read the staff report HERE. So, first they demand that you use masonry and now they hit you with a new permit fee. Remember when I told you to watch this crew... this is how it's going to be in our fair city as long as this mob is in power.

STREET-WIDE BANNERS
The final item on the agenda deals with a new council policy for community event street-wide banners. The staff is recommending such installations be permitted in only a few spots around town. I read the staff report, HERE, and don't see the need for such signs. As a matter of fact, it seems to me that they will be visual blight in the areas identified. This is a bad idea looking for validation by the same guys who generated it while on the Planning Commission.

"COMMENTS" NOBODY WILL HEAR
Finally, you will recall that the council has moved their "comments" section to the end of the meeting. Several years ago this was where those comments were made, usually to a virtually empty auditorium. It's possible now that our council members will use this lightly-attended segment of the meetings to plant the kernels of new, bad ideas - just as Gary Monahan did when he dropped the "let's see how much it would cost to close the job center" question late one evening. You can't take your eyes off these folks for a single minute.

CLOSED SESSION ON "CITY MANAGER"
And, as it turns out, the "closed session" segment will actually have an item for discussion - dealing with the City Manager. Wonder what that's all about? I hope it's deciding where to place Allan Roeder's statue on the City Hall grounds - he sure does deserve one!

Fairgrounds Bombshells!

INCOMING!
Just when you thought it was safe to go outside again...




GET READY TO GET TICKED-OFF
Today I present for your reading angst two links dealing with the rapidly-becoming-notorious Orange County Fair and Event Center sale drama.

VOICE OF OC EXPOSE'
Late yesterday Norberto Santana, Jr., Editor of the Voice of OC, published an entry titled, "Records Call Into Question District Attorney Probe of Fairgrounds Sale", with links to documents that list billing records and contracts involving former State Senator Dick Ackerman and the Orange County Fair Board.

T-RACK WHITEWASH
Santana's report refutes the report by Orange County District Attorney Tony Rackaukas which apparently cleared Ackerman from any illegal lobbying on the proposed sale of the Fairgrounds. That report certainly appears, based on this new information, to be a whitewash of the issue. I won't attempt to quote or misquote Santana - read his excellent report at the link above. Rackaukas deputy Susan Kang Schroeder defended the report.

GERICAULT'S EXCELLENT SUMMARY
Then, this morning, dropping his own bomb, Gericault provides a lengthy piece on the Orange Juice blog titled, "The 'State of af-Fairs' - Gericault's update on the Great Fairgrounds Swindle". If Santana's report didn't get your blood boiling, Gericault's certainly will.


FAIR BOARD "PROFIT SHARING"
Gericault's excellent summary of events provides some context for Santana's piece, and has some very clever illustrations, too. One little tidbit he provides at the very end of his piece tells us that selected Fair vendors have been provided the opportunity to receive an 800% rent increase for their space during the Fair! That's right - 800%!!! As Gericault says, when the Fair Board is talking about profit sharing it's clear just whose profits they will be sharing!

CLICK AND READ
Take a few minutes to follow the links to these sites, read the information. Be prepared for your blood pressure to rise significantly, though. Arrrggghh!

Appellate Court Throws Out OC Lawsuit On Sheriff's Pensions

COUNTY SUIT ON SHERIFF'S PENSIONS IS TOSSED - AGAIN
Late Wednesday afternoon I received a press release from the Association of Orange County Deputy Sheriffs announcing rejection of a lawsuit filed by the County of Orange against the Association attempting to overturn the 3% at 50 pension plan.


LEGAL FEES ALSO PRESENTED
The press release also quantified the legal costs incurred by the County of Orange waging this lawsuit.

HOW WILL RIGHEIMER REACT TO THE NEWS?
I find myself wondering just how this information will affect Costa Mesa Mayor Pro Tem Jim Righeimer's assault on our municipal employees wage and pension plans. Will he harden his already granite-like position? Based on recent public comments he seems unwilling to let facts get in the way of his agenda. During a recent council meeting he refused to be impressed with the fact that our fiscal situation is not as bad as anticipated. Instead, he told the staff that he wanted them to come up with $15 million dollars for road repairs in the next budget. Of course, there is only one place to get that money - from staff costs.

The press release follows:

FOR MORE INFORMATION: FOR IMMEDIATE RELEASE:
George Urch (714) 464-9125 (Cell) January 26, 2011

APPELLATE COURT THROWS OUT

COUNTY OF ORANGE LAWSUIT REGARDING DEPUTY SHERIFF PENSION ISSUE

After An Extremely Short Deliberation, The County Of Orange’s Legal Effort

To Overturn 3% At 50 Pension Benefit For Orange County Deputies

Is Thrown Out Of Court A Third Time

LOS ANGELES – The Second District Court of Appeals unanimously affirmed in a 3 to 0

opinion today, to uphold an earlier judgment by the Los Angeles County Superior Court, to

throw out the County of Orange’s lawsuit to overturn 3% at 50 pension benefits for Orange

County Deputy Sheriffs (COUNTY OF ORANGE v. ASSOCIATION OF ORANGE COUNTY

DEPUTY SHERIFFS et al., Case #B218660). After an extremely quick 7 days of

deliberation, the court also awarded the Association of Orange County Deputy Sheriffs

(AOCDS) their costs for the appeal.


The decision marks the third time in 2 years the County of Orange has been rejected by

the courts in their legal effort to overturn 3% at 50 pension benefits for Orange County Deputy

Sheriffs. They were quickly tossed out of Los Angeles Superior Court last February 26 and

again on May 22, before even being set for a formal hearing.



The County of Orange filed the controversial lawsuit in February 2008, despite having three

different outside law firms they had hired for legal counsel, warn them they could not win

such a case. As of July 31, 2010, they have spent almost $2.3 million on their legal costs.



“After three strikes, the County is out,” said Wayne Quint, President of the Association of

Orange County Deputy Sheriffs (AOCDS). “We hope the Orange County Board of

Supervisors now come to their senses and realize what we, and their attorneys, told them

four years ago -- they are wrong on the facts and wrong on the law on this one. They

can’t win. They have been told this by three different law firms and four judges in two

different courts. If they don’t realize it at this point, they are in major denial. How much

more apparent can it be that they have no legal argument?”

#####

COUNTY OF ORANGE LEGAL COSTS FOR DEPUTY SHERIFF PENSION LITIGATION

As of July 31, 2010, the County of Orange has spent a total of $2,264,166.34 in legal costs associated

with the Board of Supervisors’ litigation effort regarding Orange County Deputy Sheriffs’ pensions.

Law Firm - Amount Paid

Orrick, Herrington & Sutcliffe LLP - $ 99,598.40

(Jan. 1, 2006 to Dec. 1, 2007)

Reish Luftman Reicher & Cohen - $125,561.04

(Jan. 1, 2007 to Dec. 1, 2007)

Snell & Wilmer LLP - $ 57,713.00

(June 30, 2007 to Dec. 1, 2007)

Kirkland & Ellis LLP - $1,981,293.90

(June 1, 2007 to July 31, 2010)

--------------------------------------------------------------------------------------
TOTAL LITIGATION COSTS BY COUNTY $2,264,166.34

Kirkland & Ellis Billings

$ 138,461.10 (October 2007)

$ 82,753.25 (November 2007)

$ 60,004.56 (December 2007)

$ 106,538.09 (January 2008)

$ 38,202.72 (February 2008)

$ 133,317.84 (March & April 2008)

$ 65,123.57 (May 2008)

$ 95,405.18 (June 2008)

$ 61,424.67 (July 2008)

$ 21,231.07 (August 2008)

$ 52,559.88 (September 2008)

$ 51,877.56 (October 2008)

$ 72,609.49 (November 2008)

$ 80,938.84 (December 2008)

$ 228,109.14 (January 2009)

$ 155,873.17 (February 2009)

$ 104,559.92 (March 2009)

$ 76,968.04 (April 2009)

$ 67,903.31 (May 2009)

$ 12,057.65 (June 2009)

$ 37,561.93 (July 2009)

$ 19,462.68 (August 2009)

$ 25,910.49 (September 2009)

$ 5,762.87 (October 2009)

$ 5,063.05 (November 2009)

$ 110,448.35 (Dec. 2009 & Jan. and Feb. 2010)

$ 4,640.30 (March 2010)

$ 1,920.45 (April 2010)

$ 20,469.75 (May 2010)

$ 24,322.13 (June 2010)

$ 19,812.85 (July 2010)

$1,981,293.90 (October 2007 – July 2010)

* As per records provided by the County of Orange County Counsel’s office

Brumbaugh, Shaw & Galitski Depart

COMMISSION MAJORITY BOOTED
Tonight is the final Parks and Recreation Commission for three of it's members, Chairman Mike Brumbaugh, Vice-Chair Terry Shaw and former Chair Kurt Galitski. Despite each of them requesting to be returned to the commission, the new City Council decided to push them aside and appoint new players.

SCHAFER TO RECEIVE AWARD
At the meeting tonight beginning at 6:00 p.m. in City Council chambers the commission will address some fairly important issues. They'll begin, however, by bestowing the Chairperson's Award on long-time community activist Arlene Schafer. We only hope they corrected the spelling of her surname on the award because it's misspelled on the agenda report.

INCREASED FEES
The commission will then tackle fee increase issues - the Aquatics Program and Instructional Class Fees. None of these will be popular, but they are a direct result of our dismal budget dilemma and are apparently necessary in order to save many of the programs.

MORE MEATY ISSUES
Following a couple tree removal requests they will address Rest and Renovation Periods for Utility Fields at Costa Mesa High School and Estancia High School; the Athletic Field Use and Allocation Policy and the Recreation on Campus for Kids (ROCKS) After School Program Fee.

COULD BE CONTROVERSIAL
It seems to me this outgoing majority on the commission will have some pretty tough decisions for their last meeting - some of which might evoke heated comments by residents. We'll see.

THANKS
We here at A Bubbling Cauldron want to join the community in thanking Brumbaugh, Shaw and Galitski for their service to the city. The new members will be sworn-in next week so they can begin receiving materials for the next meeting, which is not until March.

Hubbard Goes To Trial, Placed On Leave

HUBBARD AND CHRISTIANSEN TO GO TO TRIAL
According to reports in the Orange County Register and the Daily Pilot, late this afternoon Los Angeles Superior Court Judge Kathryn Solorzano has concluded that there is enough evidence to warrant a criminal trial for Newport Mesa Unified School District Superintendent Dr. Jeffrey Hubbard and his former employee at the Beverly Hills School District, Karen Anne Christiansen.

TWO FELONY COUNTS
Hubbard is accused of providing a $20,000 stipend for Christiansen and raising her car allowance from $150 per month to $500, both without school board knowledge or approval. He pleaded not guilty on January 3rd to the two felony counts.

NMUSD BOARD AGREES TO HUBBARD LEAVE
At it's meeting tonight the Trustees of the NMUSD placed Hubbard on paid administrative leave effective today. According to Britney Barnes in the Daily Pilot this evening, the board voted 6-1 to approve Hubbard's request for leave. Katrina Foley voted no.

MOVING FORWARD
This case is far from over, but at least the actions taken today will permit the school district to move forward - and permit Hubbard to focus on his case.

WHAT ABOUT THE NEWPORT INDY?
As an aside, I find it extremely curious that the Newport Beach Independent, a relatively new publication that focuses on all issues involving Newport Beach and published by former Daily Pilot publisher, Tom Johnson, has not printed a single word about this situation - not one! Certainly, this is a newsworthy issue in Newport Beach, right? How do we explain that absence of coverage? I don't expect any news source to cover every single story in it's reporting area, but this one is BIG. But, there is only a void - not even a link to other media outlets. Very curious, indeed.

I'm Baaaack!

TOOK MY OWN ADVICE
"Where have you been, Potstirrer?" you ask. Well, you will recall, on December 26, 2010 (HERE) I gave you a heads-up for a wonderful experience viewing Northern Elephant Seals on our glorious Central California Coast. Last weekend I took my own advice, convinced my lovely and patient wife to join me and visited that rookery, which is in Prime Time again. And, as an added bonus, it's a wonderful way to flush local politics out of your mind for a few days - reason enough to make the trip!
A GREAT EXPERIENCE!
As you can see from the photos included, there are thousands of seals on the beach, including hundreds of pups (at least) born within the past few days.

A GREAT TIME GUARANTEED
If you take a weekend and make a run up to this site - about 4 miles above Hearst Castle and approximately 280 miles from Costa Mesa - I guarantee you'll have the experience of a lifetime!

You'll see females nursing their new pups or just snoozing in the sun...
You'll see males fighting for dominance of his harem - anywhere from 10 to 50 females...
You'll see seagulls cleaning up the beach - they go after the placenta...
You'll see pups in jeopardy of being crushed by amorous males...
You'll see "amore'" on the beach...
And you'll see the dominant males staying ever-alert for interlopers.
INEXPENSIVE FUN
All this costs you is a couple tankfuls of gas and a weekend. If you combine it with a trip to Hearst Castle, it will be an even more memorable weekend. Any time between the middle of December through the first couple weeks of March is great for viewing these magnificent critters, but I always tell folks that Valentine's weekend is a good time because it's so inspirational - there's a whole lot of lovin' going on down on the beach then.

ACCOMMODATIONS ABOUND
There are plenty of rooms available in Cambria and San Simeon and lots of great restaurants and shops, too. Beach-side rooms, romantic walks on the beach, great food....

PICK A DATE AND DRIVE!
So, target a weekend between now and the end of February because that's when the "action" is at it's best, with birthing, fighting and mating going on simultaneously. This colony of elephant seals is the fasted growing such group in the world and, by far, the most accessible... you can step out of your car and take 10 steps to view them.

FOR MORE INFORMATION...
For more in-depth information visit the web site for this location at www.elephantseal.org.

Have fun!

Coast College District Chancellor To Retire

DR. CURRIE ANNOUNCES RETIREMENT
In a very poignant letter to the Board of Trustees, Faculty and Staff Chancellor Ding-Jo H. Currie announced that she will retire as of the end of this current academic year, June 30, 2011.

Dr. Currie will end a three-decade career in education and devote more time to family issues. Her announcement contains this very moving comment:

"I am debt ridden with all the blessings that have been given to me freely by friends, colleagues, and a community of giants upon whose shoulders I stand. I have longed for the time when I can double the speed in which I pay it forward. I would like to start this payment plan before my own time runs out."

You can read her impressive Biographical Summary HERE.

Foley On City Talk & Homeless Task Force

FOLEY ON CITY TALK
As mentioned in an earlier post, new Newport Mesa Unified School District Trustee Katrina Foley is featured in a new edition of City Talk on Costa Mesa TV. Foley, who wrapped up twelve years service to the City of Costa Mesa - six on the Planning Commission and six on the City Council - was elected to the School Board in November, 2010 and subsequently resigned her seat on the City Council in December.

TIME WELL SPENT
I think you'll find the half-hour it takes to watch this presentation will be time well-spent. Foley is still engaged in city issues, particularly as they relate to the schools and children. I think some of you will find, as I did as I watched it, that her energy and intellect will be sorely missed on the dais in the months to come.

VIEWING SCHEDULE
You can watch this edition of City Talk via streaming video on the city web site HERE or view it on CMTV, Channel 24 on Time Warner Cable and Channel 99 on ATT UVerse on the following schedule:


***

HOMELESS TASK FORCE SOLICITING MEMBERS
Today the City issued a press release announcing the formation of the Homeless Task Force and soliciting interested folks who may wish to serve as a member of that Task Force to apply soon. Application forms can be found at the city web site HERE or contact Muriel Ullman, Neighborhood Improvement Manager at 714-754-5167 or by email, mullman@ci.costa-mesa.ca.us. The deadline for submission is 5:00 p.m., Friday, February 18. 2011.

According to the Press Release, the proposed Task Force scope of work is as follows:

Evaluation of current actions;

Legal review of park policies and procedures, review of new ordinances designed to address long term municipal code violators, proposed legal/law enforcement strategies, and a review of current state and local laws which deal with problem individuals;

Review of best practices of other cities with the goal of developing data driven solutions;

Examination of homeless population characteristics and development of appropriate short term and long term strategies to best serve these individuals.

It is estimated that the work of the Task Force will be between 6-9 months.

A WORTHY EFFORT
This effort on the part of our city leaders, headed up by soon-to-be City Manager Tom Hatch, to address and resolve the problem of the proliferation of homeless people in our town - primarily in and around Lions Park and the municipal buildings contiguous to the park - is commendable. It will not be an easy job. If it was it would have been resolved a long time ago. I only hope our new, impatient council members will give this task force a chance to do it's job.

A NEW FAN...
I don't feel, as was alluded to specifically by one misguided speaker before the council last Tuesday evening, that the "four men on the council are cavemen" when it comes to this issue. It was a curious comment, apparently based on a very cursory peek at this blog sometime in the past. I knew he was serious when he turned, twice, and looked directly at me while addressing the council with his "caveman" remark. It's always fun to meet a fan... :-) I reserve the right to characterize the council in ways I feel appropriate under the circumstances - even though I've never referred to any of them as "cavemen" - Neanderthal, perhaps, but not "cavemen". We'll see how this goes for the next few months.

Ch-Ch-Ch-Changes

Enough about me... back to business.

HATCH IN THE BIG CHAIR
At Tuesday's Costa Mesa City Council meeting we got a little taste of what's in store for the residents and the staff in the near future. More on that later. Assistant City Manager (and City Manager-in-waiting) Tom Hatch sat on he dais. City Manager Allan Roeder has apparently removed the training wheels and will help Hatch with the transition to his new job by turning more and more of the day-to-day operations over to him. Sounds good to me... Hatch did a fine job last night.

NEW SEATING CHART
Also, the seating was rearranged to place Steve Mensinger on the far end of the dais, next to Hatch and beside Wendy Leece. Leece previously had been shoved to the far side. Now she sits between Mensinger and Mayor Gary Monahan. To Monahan's right - left as you face the council - is Mayor Pro Tem Jim Righeimer, with Eric Bever on his right side, next to City Attorney Kim Barlow. The boys on the dais may exclude Leece from participation with their votes, but at least she won't be physically shoved off to the side.

NEW AGENDA FORMAT
This was the first meeting that followed Monahan's new agenda and it seemed to run smoothly. Monahan read the new "Announcements" segment in which he listed events coming up in our city. I'm still wrestling with the need for this new segment, but it seems harmless enough.

COUNCIL COMMENTS AT THE END
They pushed the Closed Session to the end. Tonight there was no closed session, so we still don't know how that change is actually going to work. They also pushed the Council Member Comments segment to the end and I think we got a glimpse into the future. By the end of the meeting most members of the audience had long-since departed so they missed some pretty interesting stuff.

RIGHEIMER'S HEAVY HAND
For example, Righeimer told his peers that he didn't want to wait for more up-to-date budget numbers before making some changes. He told them that he wanted the city to finish the year as though revenues were going to be flat, wanted an explanation of where the current budget shortfall of around $1.5 million is going to come from and that he also wanted the staff to find $15 million in this fiscal year's budget. He said "No department is sacred". He didn't explain why he wanted to do that, and no vote was taken on it, but this move sure doesn't surprise me at all. Both he and Steve Mensinger gave us a clear indication of how they want to run this city - like it's a private company, where they can call the shots and folks will jump without questioning their directives.

MENSINGER WANTS A "CEO"
Mensinger, for example, told City Attorney Barlow that he wanted to change the title of the City Manager to CEO - Chief Executive Officer. She'll investigate and report back.

Back to the agenda items...

CALPERS CHANGE APPROVED - BEVER VOTED NO
The council did approve New Business #1, which dealt with the authorization of a change in our agreement with CalPERS for the "cost sharing" issue previously negotiated with certain employee groups. This item will save the city slightly over $1 million in this fiscal year and more than $6 million over the next three. This was part of the give and take of the recent negotiations. During the discussion it seemed clear that some members of the council were inclined to NOT approve this based on political dogma. When it came time to vote only Eric Bever voted NO - the other members realized to turn this item down would be simply cutting off our municipal nose to spite our face. Bever's explanation for his vote was that he didn't vote for the agreements in the first place so he wouldn't vote in favor of this item either. What a schmuck!

EMERGENCY ALERT APPROVED - BEVER VOTED NO
After some discussion the council voted to sign the Memorandum of Understanding with the County of Orange for the use of AlertOC, a countywide public mass notification system. Again, bonehead Bever voted NO.

HOMELESS TASK FORCE AUTHORIZED
Perhaps the most interesting discussion of the evening was that about the formation of a Homeless Task Force to address what is a serious and growing problem in our city, primarily around Lions Park. Hatch led the discussion, quantifying the depth of the problem via his staff report.

HOMELESS GUY MOVED TO CM FOR THE GREAT SERVICES!
One of the most interesting moments for me came when a "Mr. Brown" - I didn't catch his first nane - addressed the council and identified himself as being from Elsinore. He apparently moved to Costa Mesa as a self-imposed homeless person because he wanted to see what it was like and our city has such great resources for the homeless! I glanced down the aisle to see the reaction to this statement by a guy I've referred to from time to time who has been a very, very vocal opponent of the social service entities on the Westside of our city, describing them in his blog as magnets for undesirables. When he heard Mr. Brown's statement he rolled his eyes back in his head and I could just see the lede for his next blog entry! This, of course, is an example of the stumbling blocks the Homeless Task Force is going to face as it moves forward.

TASK FORCE MAY BE UNWIELDY
In the end the council agreed to form the Homeless Task Force as defined in the staff report, with representatives from the council, Planning and Parks Commissions, the 3R Committee, social service agencies, members of the community, etc., for a total of 18 members who will form, select leaders and begin assessing the homeless situation in our city and report back to the council in nine months or less. It's a start.

WORKING GROUPS AUTHORIZED
The council then discussed and agreed to form "Working Groups" - two-member sub-committees of council members charged with doing the initial review and solution-finding on several important issues. The Working Groups and their council member assignments are:

WORKING GROUP MEMBERS
Economic Development & Development: Righeimer and Mensinger
Sports & Recreation: Leece and Mensinger
Policies/Procedures & General Plan/Circulation: Bever and Monahan
Budget & Capital Improvements: Monahan and Righeimer
Public Safety & Motel Issues: Bever and Righeimer*

*On this issue it was originally proposed that Bever and Leece be the representatives. The council had agreed to split the Homeless issue from this one due to the formation of the Homeless Task Force. Bever balked at being teamed with Leece and proposed a substitute motion replacing her with Righeimer. Monahan agreed to go along with it, then voted NO, along with Leece. It carried, 3-2.

WATCH THEM LIKE A HAWK!
As I said earlier, it became clear to me during the Council Member Comments segment at the end of the meeting that the new guys on the dais, Righeimer and Mensinger, seem determined to re-invent city government to look more like a corporation - like the ones they've headed up in the past. The problem with that idea is municipal governments have specific rules of conduct that MUST be followed. Those two are going to take a heap of watching in the months ahead. It looks to me as though their tack will be to act first, then apologize later if the have to. It's certainly time to be vigilant.

RIGHEIMER APOLOGIZES, KIND OF
I did enjoy Righeimer being criticized by speakers last night. Both Sandra Genis and Robin Leffler rose to chew him out for mis-quoting Genis during his mini-tirade at the last meeting. To his credit, he kind of apologized to them both later, although it was unclear that he really thought he'd made a mistake. This is going to be fun...

The next council meeting will be on Tuesday, February 1, 2011, followed by a Study Session on February 8, 2011.