Agenda For January 8, 2013 Council Meeting

GET READY FOR GROUP HUGS!
Off we go, into the new "kinder, gentler" era of Costa Mesa City Council meetings, where I fully expect speakers before the council to speak softly to our elected leaders so as not to bruise their fragile egos.  I also expect the council to reciprocate by responding to questions or comments with courtesy and civility as is appropriate for those we've hired to provide direction for our city.  No more harsh comments directed at one or two members of the council specifically.  No more interruptions by the council members while a speaker is trying to present an issue in the very meager 3 minutes provided.  Yep, I'm really looking forward to this new era.

AGENDA FOR THE COUNCIL MEETING
The agenda for the first council meeting of the year, next Tuesday, January 8, 2013, is now posted on the city web site, HERE.  As has been the case in the past, the meeting begins at 6:00 p.m. and will be preceded by a closed session that commences at 5:00 p.m.  A look at the agenda indicates that we may see a relatively short meeting this time around.

NO SURPRISES!

Those of you who actually follow this stuff will find some changes that may make you smile.  For example, in the "Welcome to the City Council Meeting" section on page 2 of the agenda we find some new, clarifying verbiage.  Item #1 states, "Any written communications, photos, or other materials for distribution to the City Council must be submitted to the City Clerk PRIOR TO THE START OF THE MEETING. Any materials to be displayed on the overhead projector at the Council meeting must be submitted to the City Clerk PRIOR TO THE START OF THE MEETING."  This will certainly help things move more smoothly.  I smiled when I read this because it may have put a crimp in Chris McEvoy's game plan if this rule had been in effect when he surprised now-Mayor Jim Righeimer with his announcement of a recall effort late last year.  It makes me wonder if this change is a "cause and effect" thing because of McEvoy's surprise.

OH, HECK!
 Item #2 reminds us that no person in the audience shall, "engage in disorderly, disruptive, disturbing, delaying or boisterous conduct including but not limited to, handclapping, stomping of feet, whistling, making noise, use of profane language or obscene gestures, yelling or similar demonstrations, which may disrupt the peace and good order of the Council proceedings."  I don't see anything there about muttering epithets under your breath, so I guess I'll be OK.

TURN YOUR CELL PHONE OFF, STEVE!

Item #3 tells us, "All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation."  Might I suggest this item be circled and handed to Mayor Pro Tem Steve Mensinger, who tends to spend way, way too much time fiddling with his cell phone and Ipad instead of paying attention to items on the agenda.  That's particularly disconcerting since he apparently doesn't take the time to read the agenda items ahead of time.  San Jose recently dealt with this issue, HERE.

CLOSED SESSION - LEGAL ISSUES
The closed session report indicates four (4) items to be considered, all dealing with either existing or anticipated legal issues.  And the meter keeps on spinning...  See comments under "Warrants", below.

MORE LEGAL FEES!
Items 3, 4, 5, 6 and 7 on the Consent Calendar are Warrants, which stacked up because we've not had a council meeting for a month.  As you scroll through those and keep a pencil handy you'll find that they include nearly $300,000 more in legal fees.  We paid our contract City Attorney's firm, Jones & Mayer, $200,999.39 and the firm hired to fight the lawsuit filed by the Costa Mesa City Employees Association, Jones Day, $98,387.47.  Further analysis of the Jones & Mayer bill indicates that we continue to be charged for something identified as "Acosta Appeal", but no amount is given.  If that's the Benito Acosta case, I find myself wondering just what we could possibly still be paying on that one, since it is our understanding that it is over.


WHAT THE HECK IS THIS?
Another interesting item is on Warrant #2453 - a payment of $1,500,920 to the Orange County Auditor-Controller for some kind of a "Demand Payment".  I wonder what that's all about, since it's a pretty sizable chunk of change.  Maybe someone will ask the council on Tuesday.

"RESIDENT ONLY" PARKING ON FORD ROAD
The last item, #8, is a request for a "resident only" parking restriction on Ford Road.  You can read the staff report HERE.  You will recall the ruckus in council chambers when several residents complained about an infestation of homeless folks who were, apparently, committing crimes along that street.  Righeimer commanded Police Chief Tom Gazsi to present himself at Ford Road the next day at 3:00 p.m. to hear the residents out.  Probably unrelated was the fact that the next day was the day that Private Investigator Chris Lanzillo is alleged to have tried to entrap councilman Gary Monahan into some kind of illicit act with one of Lanzillo's "operatives" and Lanzillo then tailed Righeimer from Monahan's gin mill to his home and reported him as a probable drunk driver.  To my knowledge, neither issue was resolved, except that Righeimer was absolved by a member of the CMPD of driving while impaired.

CLOSURE REPORT ON ANCHOR TRAILER PARK

There is one Public Hearing Tuesday - the "Closure Impact Report For Anchor Trailer Port/Mobilehome Park, 1527 Newport Boulevard."  You can read that staff report HERE.  Public Hearings are supposed to be heard beginning at 7:00 p.m.  I suspect this one will be pretty close to that time, depending on the number of speakers during Public Comments.

FAIRVIEW WETLANDS BOARDWALKS

There is no Old Business on the agenda Tuesday, but there are three (3) items on the New Business schedule.  Item #1 is the Fairview Park Wetlands Boardwalk Project, HERE.  The staff report indicates that creating a boardwalk to "afford public a view of the functioning wetlands and its flora and fauna." would cost around $1 million.  They are looking for direction from the council.

SR-55 IMPROVEMENT STUDY, AGAIN

Item #2 is a re-hash of the "SR-55 (Newport Boulevard) Improvement Study", HERE.  This item is a "receive and file" item, but does inform the council of the so-called "Next Steps" in this process.  Apparently the Orange County Transportation Authority will submit the findings for Caltrans review and their ultimate approval later this year.  Once that is done state and federal funding will be sought to perform a detailed environmental analysis and a "preferred alternative" selected.  Remember that term, "preferred alternative" in connection with the now-infamous I-405 expansion project?  Me, too.  Makes me nervous.  But, we're a long, long way before any decision is made on the SR-55 Improvement "preferred alternative".

BIG BROTHER?

The last item on the agenda, New Business #3, is provocative.  It is titled, "Council Authorization For The Implementation of Security Camera System Upgrade And Expansion For City Hall and Lion's Park."  You can read the staff report HERE.  I agree that expanded deployment of security cameras can enhance security at City Hall and at Lion's Park.  I just wonder who's going to be among those "city personnel" authorized to use this system?  One phrase  made me smile.  When addressing the use of security cameras to "return Lion's Park back to a more family friendly venue", there is this phrase, "This will afford both key police and city personnel the opportunity to track and monitor specific hot spots within the park from an offsite location at anytime of the day in real time."  If you've driven by Lion's Park lately you know that there are "hot spots" to be observed, if you get my drift.  The roughly $80,000 for this enhancement will apparently be paid from CEO Tom Hatch's slush, er, contingency fund - that million bucks stashed away to be used for whatever whim strikes the council.

CREDIT TO MENSINGER
An observation:  Much as I cringe whenever I agree with Steve Mensinger, I give him credit for the much-improved staff reports that now include exhibits in color, not just blurred, smeared black and white images.  They are MUCH easier to read.  Of course, now he has to actually read them..

A NEW ERA...
So, off we go, into the new era of cooperation and conciliation.  Everyone cross your fingers.  And, yes, I am going through Facebook withdrawal, shakes and all.

First Council Meeting For New Group Tuesday

HERE WE GO WITH A NEW COUNCIL
The agenda for the first City Council meeting of the new era has been published and has some very interesting items on it.

CLOSED SESSION MOVED TO THE END
This meeting will apparently have the closed session at the tail end of the regular meeting to allow new council member Sandra Genis to fully participate in the deliberations.  I'm led to believe this is a one-time change.

THE SWEARING-IN

The meeting is scheduled to begin at 6:00 in council chambers at City Hall.  You can read the entire agenda HERE.  It will begin with Public Comments, Council Members Reports, Comments and Suggestions then will address the resolution validating the recent General Election.  You can read that staff report HERE.  The council members elected - Sandra Genis, Steve Mensinger and Gary Monahan - will be sworn in and seated.  Somewhere along the line the new mayor and mayor pro tem will be elected and a break will be taken to juggle the chairs on the dais and have a short reception for the winners in the election.  I don't expect the scheduled items on the agenda to begin until around 7:00, and then it will likely be the Public Hearing item, below.

HATCH, THEN CONSENT CALENDAR
Following the report from Tom Hatch, City Chief Executive Officer, the council will consider the Consent Calendar - a long one this time around.  There are seventeen (17) individual items on the agenda, several of which will likely be pulled for separate discussion.

JONES DAY CHARGES
For example, Warrant #2449, HERE,  might get pulled for a discussion of the charge from Jones Day - the expensive law firm handling the OCEA lawsuit - for over $69,000.  So far they've been paid well over $1 million on that bogus lawsuit, and that doesn't include charges from our contract law firm, Jones and Mayer, for their part in the suit.

19TH STREET BRIDGE DELETION

Item #6, the deletion of the 19th Street Bridge, may generate some discussion.  The staff recommendation is to receive and file - no action is required.  The staff report is HERE.

DONATED SENIOR TRANSPORTATION BUS
Item #8 is the proposed acceptance of a donated bus to be used for Senior transportation, HERE.

REHABING RED HILL
Item #11 deals with the acquisition of $922,000 in funding to rehabilitate Red Hill Avenue, widely considered the arterial roadway in the worst condition within the city.  The staff report is HERE.

SPIFFING UP HARBOR BLVD. AND 17TH STREET
Item #13 deals with $1 million in grant funding to beautify Harbor Blvd. and enhance the streetscape on 17th Street.  That staff report is HERE.

STORM DRAINS
Item #14 is for engineering services of $69,745 for work on Industrial Way and Storm Drain Improvements, HERE.

DESIGNING FAIRVIEW PARK TRAILS
Item #15 is an engineering contract for #160,387 for design of Fairview Park Multipurpose Trails, HERE.

BRENTWOOD PARK
Item #16 is design services for Brentwood Park in the amount of $95,605, HERE.

DEPUTY CITY CLERK
Item #17, the final item on the Consent Calendar, is a request for the authorization of a new position, Deputy City Clerk, HERE, to formalize the position that Christine Cordon had been doing before her recent promotion to a position in Public Affairs.

SUCCESSOR AGENCY
The council will then change dresses and become the Successor Agency to the Redevelopment Agency and consider one item, the independent accounts report, HERE.

CLOSURE OF ANCHOR TRAILER PARK REPORT

Next on the agenda is one Public Hearing, which I suspect might be moved to the head of the line since council policy calls for public hearings to begin at 7:00 or as close to that hour as is possible.  This item, if approved, will require the owner of  Anchor Trailer Port Mobilehome Park to implement a "Closure Impact Report".  You can read most of the staff report HERE, but several pages are missing.  Hopefully, that will be remedied on Monday so we can actually read and understand the report.

JANUARY 1, 2013 COUNCIL MEETING

There is no Old Business scheduled, but there are a couple VERY interesting items under New Business.  The first is a discussion of rescheduling or canceling the City Council meeting that would normally fall on Tuesday, January1, 2013.  Options presented are to move it to January 8th or cancel it altogether.


RESCINDING LAYOFF NOTICES
The second New Business item is the recision of layoff notices and rejection of all remaining bids for services.  You can read that staff report HERE.  The recommendation to the council by staff at the beginning of the staff report reads as follows:

1. Authorize the CEO to rescind the remaining lay off notices; 

2. In lieu of outsourcing not providing extensive relief on City pension challenges, direct
the CEO to prepare and present a plan to address the underfunded pension and
retiree medical liabilities at the mid year budget review in February 2013. 

3. Authorize the CEO to enter into negotiations with representatives of the Costa Mesa City Employees’ Association (CMCEA) to discuss innovative methods and techniques that will both ensure continued quality services to the public and produce long term financial savings to the City;

4. Authorize the CEO to initially focus the discussions with CMCEA on Jail Services, Street Sweeping Services, Parks and Landscape Maintenance Services, Graphic Design Services and Payroll Services with the CEO administratively implementing the changes without any layoffs to full-time personnel; and

5. Reject all bids for the remaining outsourcing services where the City Council has yet to provide direction.

Personally, I'm going to be VERY interested to see how the discussion of this particular item goes.  It will come at the end of the meeting and we all know that most councils don't do their best work late in the evening.

CITY ATTORNEY AND CLOSED SESSION
At that point we will hear a report from the City Attorney, then the council will adjourn to Closed Session to consider two items involving anticipated or present litigation.