Monday, November 03, 2014

And, Finally, The Charter And Ethics...

THINGS TO CONSIDER
Tuesday many of you will go to the polls, sample ballot clutched tightly in your hands so you can remember all those decisions you made at your dining room table on the important issues to be considered by the electorate, and step up to cast your ballot.

IMPORTANT ISSUES
There are many important issues facing the voters on this one, even though it's a mid-term election.  In Costa Mesa there are two that require your careful contemplation - the election of two council members and Measure "O" - the Charter.

IGNORING THE WILL OF THE PEOPLE...
I've written many times about Measure "O", which I've described as the bastard child of Mayor Jim Righeimer's Charter, the flawed and failed Measure "V" from two years ago.  You will recall that the cardboard voting booths had barely been deconstructed and stored away before Righeimer demanded that a Charter be considered again this year.  He cobbled together a weak process - hand-picking the committee that was stacked with folks he knew would re-create his document and perpetuate his myopic vision of how our city should be governed.  Former council candidate John Stephens (he lost to Gary Monahan by 155 votes two years ago) provided an excellent reconstruction of the process in a Daily Pilot commentary HERE last August.

TOO MUCH POWER
Without beating this dead horse further, Measure "O" is a bad document, flawed in so many ways, but the worst part is the fact that sections 104 and 806 provide unfettered power to the city council.  Short of breaking state or federal law, under the Charter contained in Measure "O" it can do whatever it wishes, whenever it chooses.  That is much too low a bar for the governance of our city.  Vote NO on Measure "O".

 
TAKE BACK OUR CITY!
The other reason I'm writing this tonight is to remind you that it is critical to the future of this city that it be returned into the hands of the residents and voters.  It is currently in a stranglehold imposed by developers through a developer-friendly council majority headed by Jim Righeimer and the lock-step lemmings of the Orange County Republican Party, whose leader, Scott Baugh, has declared our city "Ground Zero" in their ongoing attempt to smash public employee organizations.

READ WHAT I'VE WRITTEN BEFORE
I've written extensively on this blog, HERE, and simultaneously in the Daily Pilot, HERE, about why you should NOT vote for Righeimer, and select Katrina Foley and Jay Humphrey instead.  I've described Righeimer as a carpetbagging political opportunist who has attempted to use the electorate of Costa Mesa to impose his warped values that have been soundly rejected elsewhere.  I've described him as a man who abhors rules - unless he makes them himself, and even then he applies them unevenly.  His attempt to layoff half the so-called "miscellaneous employees" three years ago is the perfect example of that behavior, but certainly not the only one.  Read my other essays, linked above.

UNETHICAL LEADERSHIP
Tonight, probably my final post before you cast your ballot, I want to remind you that he recently rejected an Ethics Policy - an issue that was also rejected by his hand-picked Charter Committee during their year-long deliberations.  Shortly after midnight on May 7th of this year, at the tail end of a City Council meeting that began more than six hours earlier, he rejected even the concept of an Ethics Policy.  You can read the staff report HERE, the language of the proposed Administrative Regulation that would have bound employees, HERE, and the actual language of the proposed Ethics Policy, HERE.  At the end the council, on a 4-1 vote (Wendy Leece voted NO) voted to simply "receive and file" the staff report and not be bothered with such an inconvenience.  I wrote about it HERE.  In that entry I provided you with this paragraph to sum up my thoughts on the event:

*****
IT'S "HIS WAY" OR...
The meeting ended with us knowing a lot more about Mayor Jim Righeimer.  We know that the rules don't apply to him, and that he won't approve any attempt to make rules that he has to follow - the Ethics Policy, for example.  I read the policy and the modified version handed out at the meeting.  It wasn't quite ready for prime time yet, but it would only take a little tweaking to make it work - some process issues needed to be clarified.  So, dear readers, know that your mayor - the guy with hands firmly on the steering wheel of your city - simply isn't going to be bothered by ethical issues.  He's going to do things HIS way, whether you like it or not - and he's got the votes to do exactly that.  Six months from now you have a chance to change that situation.
***** 

HE IS UNWORTHY...
Well, that "six months" mentioned above is NOW!  The fact that Jim Righeimer is unwilling to be bound by ethical conduct as a member of your City Council should make every one of you carefully consider your vote Tuesday.  He is a man unworthy of your trust and certainly not your vote.  If you wish to watch that segment of the May 6/7, 2014 meeting click HERE.
PLEASE VOTE...
Please find your way to the polls Tuesday and vote to return mature, responsible, ethical leadership to our city.  Vote to take Costa Mesa back from outside interests - developers who will defile our city with high-density vertical developments then go on their merry way and politicians with no skin in our game, willing to use Costa Mesa as a Petri Dish for their experimentation.


FOR MATURE, RESPONSIBLE LEADERSHIP

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Wednesday, July 16, 2014

Sleight Of Hand, Head Fakes, Mark Council Meeting

SURPRISES
The final meeting of the Costa Mesa City Council in July last night was full of surprises, not the least of which was the early end time, but we'll get to that later.  You can read the agenda HERE and watch the video of the meeting HERE.

THE PLEDGE
Mayor Jim Righeimer led the Pledge of Allegiance.  It always amuses me when he says, "Please repeat after me" when he means "Please say with me".  If we did as he asked we'd wait until he finished his pledge, then repeat it.

NO REPORTS?
He then asked a question of contract City Attorney Tom Duarte about anything to report out of their hour-long Closed Session, which included two negotiation items and one potential litigation item.  He had none, which is disappointing, since the COIN ordinance requires there to be disclosure about offers, etc.  More on a related matter in a minute.


NATIONAL NIGHT OUT
Presentations included a reminder from Kelly Vucinic of the Costa Mesa Police Department of the National Night Out program, which is scheduled - again - the same time as a City Council meeting, on August 5th.

LITTLE LEAGUE
Then presentations were made by the mayor to both the Costa Mesa National and American Little League Teams, complementing them for their seasons.  He seems to revel in these kind of things - shiny objects to distract us from the serious issues to come later.  He jokes, mispronounces names and has a great old time, getting photographed with kids too young to know any better.

PUBLIC COMMENTS
During Public Comments - there were only 10 this time, so nobody had to wait until the end to speak - there were some predictable speakers and some provocative ones.

Al Melone, a recently-announced candidate for City Council in November, was first at bat and - as usual - he talked about the travails of the Costa Mesa Dog Park.

Next came Sue Lester, who addressed the multiple petitions being circulated to place Medical Marijuana on the ballot in November.  She also mentioned the initiative that Gary Monahan had Duarte draft.  And, she mentioned that Planning Commission Chairman Jim Fitzpatrick was addressing a local City Attorney group on Thursday on the subject, and wondered if he was doing that as a private citizen or a member of the Planning Commission.  She opined that it was unusual for this attorney group to hear from the public on issues. - I don't know how factual that is, but the very fact that he attended a prior meeting and asked to be included in Thursday's agenda to discuss Medical Marijuana is interesting.  As a sidebar, shortly after her presentation Fitzpatrick showed up at the council meeting and just sat there like a lump.  We don't know if he intended to confront Lester later, as he has done with other residents in the past.

James Bridges questioned the process by which members are selected for city committees, since he has applied to several and been rejected every time.  On the positive side, at least he got to speak this time.  Wendy Leece used him as an example of the oppressive, exclusionary commenting policy imposed by Righeimer in a Daily Pilot commentary HERE.

Cindy Brenneman spoke about the successful First Friday Roadshow series, the Kaboom playground event last weekend and the need for an Ethics policy.

Parks and Recreation Commissioner Bob Graham worried about the stability of the Fairview Park bluffs in the event of an El Nino later this year.

Tea Party Tom Pollitt, recent failed candidate for a seat on the Orange County Board of Education, whined about nasty comments about candidates on Facebook and other blogs, giving us his best Rodney King impression.  He then encouraged everyone to become familiar with the evils of the Common Core programs.

Spencer (somebody) from a new business in town - BoxFly - took his three minutes to introduce himself and his services.

Chuck Perry, long, long, long time resident and buddy of Mayor Pro Tem Mensinger, stepped up and complimented the council for the nice pavement around town, among other things.

Activist and volunteer Teresa Drain opined, with facts to back it up, that there needs to be an independent forensic audit of the 60th Anniversary fiasco, citing the involvement of Roland Barrera - accused in a Ponzi scheme.  Then she echoed her observations from the Planning Commission meeting the night before in which she correctly observed that Mensinger had violated our Municipal Code by giving direction to city staff regarding the placement of  monument signs in the approach to the College Park section of town adjacent to the controversial automobile dealership.

Robin Leffler observed the wheeling and dealing way the city is apparently now doing business, with independent "backroom" deals by council members and developers in which important items like shade encroachment on neighbors, density and other issues get ignored.

COUNCIL MEMBER COMMENTS - RIGHEIMER
As he led off this segment Righeimer talked about the Kaboom event, Westside development and Medical Marijuana.  He said he thinks Medical Marijuana should be dispensed at Rite Aid or Walgreens, but that if the initiatives make it through the process  he will "do everything I can to put it on the ballot".  I guess that means he's against dispensaries but will follow the law.  Interesting... I guess he gets to pick and choose which laws he will follow, huh?

MENSINGER
Mensinger was up next and among the things he spoke about was the need to seek funding for important projects around the city, citing what he perceives as the failure of previous councils to do so.  He specifically mentioned "the mayor's pet project, the library, and sports fields".  I almost snapped my neck doing a double take when he said that!  You will recall that at the budget meeting he stealthily snatched two-thirds of the money earmarked in the budget for the new library to be used for, among other things, replacing brand new median plantings on Mesa Verde Drive - the approach to his home!  What a hypocrite!  And an infantile one, at that!  More on that in a minute.

GENIS
Sandra Genis mentioned the Orange County Fair, and encouraged folks to NOT park in nearby neighborhoods, but to use public transportation instead.  She encouraged the staff to empty the CMPD sub station near Lions Park so the space can be used for a Veterans venue.  She also mentioned Medical Marijuana, and seemed confident that NONE of the measures being circulated had a chance of appearing on the ballot.  I thought that was curious because it's my impression that the City-sponsored measure that Duarte drafted didn't have to get signatures from residents - the council could just agree to place it on the ballot at their next meeting on August 5th.  Guess we'll see.

LEECE
Wendy Leece made a long presentation covering many issues.  Regarding Medical Marijuana, she said we shouldn't rush into it and, like the Charter, perhaps a committee should be formed to thoroughly study it and/or a study session should be held on the issue.  She spoke about the Kaboom park creation, thanking all involved, including THINK Together, CarMax and others.  She mentioned the community General Plan workshop at the Neighborhood Community Center.  She also mentioned an article in the Orange County Register in which author Joel Kotkin refuted the desirability of the box-like developments that are popping up like mushrooms in Costa Mesa.

MOSQUITO THREAT
Leece is back on the OC Vector Control Board after Mensinger asked to be removed from it and reported the appearance of Asian Tiger Mosquito.

MADE ME SMILE
She asked "City Manager Hatch" - it always cracks me up when she refuses to use the haughty "CEO" title that has been bestowed upon Hatch by the two guys running the city these days - to provide information on Fireworks from the never-ending July 4th celebrations that lasted for almost two weeks in my neighborhood.

MONAHAN DRAGGING FEET IN NEGOTIATIONS
Then she got to a very interesting subject.  She reminded all that the contract with the Costa Mesa Police Association has expired as of June 30th, and that Mensinger and Righeimer cannot participate in negotiations with that group because of their bogus (my word) lawsuit, so it's up to Leece, Genis and Gary Monahan to convene and begin a plan for the negotiations.  Apparently Monahan is dragging his feet and has not made himself available to meet with the others on this issue.  I don't know, but I suspect that his reluctance is not schedule-related - it's purely political.  And, if that's the case, in my view that is malfeasance on his part.

FOLLOWING THE RULES
Leece closed by addressing the concern of Teresa Drain about Mensinger's overstepping his authority by directing staff on the College Park Monument sign issue.  She asked Hatch to send a memo to the council reminding them of the rules about direction of staff.

JEERING, HECKLING, SMIRKING
An observation - from the cheap seats in the back of the auditorium and not visible on the video feed I watched as Leece made her presentation and observed Mensinger, Monahan and Righeimer roll their eyes, share smirks and smiles as she addressed the ethical segments of her comments.  That continued throughout the evening.  In fact, Mensinger and Righeimer frequently mocked her during the meeting.  It was like watching a group of junior high school kids, for goodness sake!

KABOOM - THE SOUND OF HIS CAREER IF HE PUSHES BACK
Hatch addressed the Kaboom event, stating that it cost the City around $20,000 plus staff time.  He then, in an attempt to address Leece's concern about Mensinger's direction of staff, he made the most mealy-mouthed response I can recall.  This is a very black and white issue.  The Municipal Code is unambiguous on this issue.  Here's the section of that document which addresses the issue:
Sec. 2-106. Interference by council in administrative affairs.permanent link to this piece of content
The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager; provided, however, that the manager and the council may vary the provisions of this section by the establishment of contrary policies.
Seems pretty straightforward to me, yet Hatch waltzed around it like he was walking on eggshells.  I was very disappointed.  Then, again, it's not my job on the line...

SENIORS AND OCC EXPANSION
Hatch also talked about the success of the July 3rd Senior Center event - the first event conducted by the City staff after the hostile takeover of the Senior Center from the Costa Mesa Senior Corporation Board.  That transition is not yet complete.  He did say that more than 600 people have signed up as members - yours truly included.  He also addressed the meeting that was being held simultaneously at OCC on their Master Plan, "Vision 2020", and how it might impact the City.  It apparently involves more than 1 million square feet of new space, including a boutique hotel and student housing.

CONSENT CALENDAR
Only one item was pulled from the Consent Calendar - #6.  James Bridges pulled it, but left before the council considered it around 9:40 p.m., so it passed on a 5-0 vote at the very end of the meeting.

RIGHEIMER'S SHELL GAME
Then Righeimer pulled a little shell game - that sleight-of-hand I referred to in the title of this entry.  He pulled Public Hearing #4, the annexation of the Santa Ana/Colleen area, forward for the purpose of postponing it.  Seems he and Mensinger spent "a couple hours" meeting with residents who are concerned about the planned development in the middle of this area.  He also met with the developers - some of the same folks who tried to buy the Fairgrounds - and he wants the City staff to broker a meeting between the two elements - the residents and developer - to see if they can find common ground.  He asked that the issue be postponed to a date uncertain, then said "we've gotta get this done soon".  Strange, since there's only one more meeting until after Labor Day because the council canceled the August 19th meeting.   So, this issue will either be rushed and heard by the council on August 5th or not until September.

COLLECTING MONEY AND ANOTHER SURPRISE
Then they addressed Public Hearing #1, the collection process for fines due the city for municipal code violations.  The staff report, HERE, showed over $36,000 due, but that's been reduced to just over $27,000.  Several people spoke to the issue, including one resident - Dave Balough - who appears on the list and told the council that a judge just threw the case out.  The staff seemed surprised at that.  The council passed the recommended action, 4-1, with Genis voting NO.

STREET VACATION TO DEVELOPER
They made short work of Public Hearing #2, the vacation of part of Superior Avenue for the pending development at the corner of Superior and 17th Street, HERE, on a 5-0 vote.


LOT LINE ADJUSTMENT
Around 8:10 they began considering Public Hearing #3, HERE, the lot line adjustment involving church property on East 18th Street - not too far from my home.  Neighbors have spent a lot of time on this issue, with lengthy reports provided by two of them for the council's consideration.  It took about twenty minutes of conversation before they passed it on a 5-0 vote.  The neighbors seemed happy.

MOTELS
This took us to Public Hearing #5, HERE,  the change in the Municipal Code that governs Motels.  As anticipated, this one took awhile, with nine speakers - many of whom represented the Costa Mesa Affordable Housing Coalition - stepping up to decry the proposed changes because they will be exacerbating an already alarming shortage of affordable housing in the city.  Speaker after speaker, some, like Jean Forbath, with decades of experience in this city on this issue, pleaded with the council to NOT make this change until some form of affordable housing was available to folks that will be impacted.  Several suggested a moratorium on ANY changes until that housing could be identified.  The final speaker, Robin Leffler, described this as yet another example of "Ready-Fire-Aim" by this council majority and added her plea for a moratorium to the chorus.  As was the case with the rest, it was ignored.  Righeimer denied that ANY person will be displaced - they all will be grandfathered in.  He didn't mention those who now become homeless and would seek shelter in a motel...

IMPATIENT
Gary Monahan, impatient with the process, moved the staff recommendation.  Leece tried to offer a substitute motion involving a moratorium but it was quashed by the City Attorney.  Leece, describing the plan as "mean-spirited" moved denial of the staff recommendation.  It was rejected by the male majority, who then passed the staff recommendation on a 3-2 vote and motels throughout the city will feel even more pressure by Code Enforcement.

HEAD FAKE, THEN PASSAGE
Then, in maybe the best head-fake I've ever seen by a council, as the next item was being read into the record - Old Business #1, HERE, the change to the Municipal Code regarding fines for vandalism on private property - and the crowd from the previous issue was still filing out of the auditorium, Mensinger asked for a short break.  What happened was that his break request was quietly denied and the process continued, although those of us left in the auditorium didn't know it because of the noise of departing residents.  In less than 20 seconds they passed that item, 5-0!

RAPID-FIRE!
Then, equally as quickly, they moved rapidly to the final item on the agenda, Old Business #2, HERE, what I referred to as the "Shut your mouth-go away" ordinance and with less than two minutes consideration voted to codify the further infringement of your freedom of speech before the council, 4-1.  Leece voted NO.

IN MEMORY OF BEN CARLSON
They gave short shrift to the only Consent Calendar item and at 9:40 the mayor adjourned the meeting in memory of Ben Carlson, the Newport Beach Lifeguard who died trying to rescue a man two weeks earlier, HERE.



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Wednesday, May 07, 2014

The Good And The Mayor

FUN STUFF FIRST
OK, before we talk about the long, long evening let's get the fun stuff out of the way first....

NEW LIFE-SAVING EQUIPMENT
As a preamble to the Tuesday night Costa Mesa City Council meeting the Costa Mesa Fire Department unveiled two of their new Paramedic vans in the parking lot of City Hall.  Fire Chief Dan Stefano and several members of the design and build team that coordinated the acquisition of six of those beautiful pieces of equipment - worth $200,000 each - were on hand to give tours and explain to the members of the public and media present just what these trucks mean to the residents of the city.  The City must now fill the four firefighter vacancies so all of the vans can be deployed.

EQUIPMENT ON DISPLAY
The unit were on display for an hour - from 5-6 p.m. - and dozens of employees and residents on their way to the council meeting took a look at the rigs.  You'll be seeing them around town once the department is fully staffed and all of them can be deployed.  Kudos to former Interim Fire Chief Tom Arnold for selling the city council on this proposal, and to Chief Stefano for carrying it out.

RABBI SPITZ
Once the meeting began there were several presentations.  First, Mayor Jim Righeimer found the highest-profile Rabbi in the area - Rabbi Elie Spitz - to lead the moment of solemn expression and then to receive a plaque recognizing Holocaust Day last week.  A cynic might think this was intentional - an attempt to continue to peel off the scab on the wound Righeimer created at the last council meeting when he called me and four others out for a comment I made on Facebook.  For his part, Rabbi Spitz delivered quite a nice little speech in which he spoke of "Words have power" and to "use them wisely".

FIREFIGHTERS
The mayor then acknowledged the firefighters in the audience and mentioned the vans.  Captain Brent Turner spoke about the process of getting the vans and acknowledged the other members of his team present last night.

PROVIDE A RIDE
Then the women responsible for the "Provide a Ride" program - that gives motorcycle rides to blind and other impaired individuals.  Started in 2004 as a class project, hundreds of impaired folks have had a chance to ride since then.  It was a very nice feel-good story.

CLOVER CHOIR
Then came Righeimer's favorite part of the evening - the recognition of St. John The Baptist School Clover Choir - recently judged the very best in the country at a national competition.  The young people sang a couple songs for us and Righeimer presented plaques and flowers to the director.  Did I mention that his children attend the school and one of them is on the choir?  No?  Sorry...


PUBLIC COMMENTS
Which brings us to the Public Comments segment.  Righeimer decided, unilaterally, that since there were only 11 speaker cards submitted, we would hear them all instead of having one be trailed to the end of the meeting.  Good decision - perhaps his only one last night.

RIGHEIMER - SWING AND MISS
Right off the bat Righeimer got into trouble.  Speaker Cindy Brenneman, who has been described here as a uber-activist - she's involved in everything, or so it seems - stepped up.  At the end of her time she asked the mayor when we could expect to see our new paramedic vans begin transporting accident victims in lieu of the current contract vans.  Her point was that part of the savings we expected to get from the purchase and deployment of these vans was the elimination of a private company doing medical transport.  As she stepped away - her time had expired - Righeimer tossed this comment at her: "Don't hold your breath."  Nice, huh?  The very first speaker and he sends her back to her seat with a snide remark!  Oh, yes - did I mention that our current contract ambulance service, CARE Ambulance, has been a big contributor to the mayor's campaigns in the past.  No?  Sorry...  It gets worse - wait until the end...

Another speaker - I didn't get his name - warned us of the potential danger from the radioactive plume heading our way from the Fukajima disaster.

Sue Lester thanked Righeimer for permitting all speakers to talk now rather than later.  She commented on the terrific job the CMPD did during the OC Marathon last weekend.  She also addressed the heroic efforts of CMPD officer Matt Olin in saving the life of a drowned child and praised the city employees as very professional and included Management Analyst Dan Baker specifically.

Former City Council candidate Al Melone complained about the shabby condition of the Dog Park and, specifically, the lack of shade trees.  He got angrier and angrier as spoke, then told the council, "My days as a volunteer in this city are over!"

Beth Refakes reminded us of the drive to collect goods to be shipped to our adopted Marine unit, the 1/5.  There is a box in the City Hall lobby.  She acknowledged the return of the Budget Question and Answer program next week and also observed that concerns about density and traffic seemed to have been ignored during the General Plan update process.

Charlie Mooney suggested that, instead of shifting the library to the Neighborhood Community Center, the existing library be remodeled to add space and update it from a technological standpoint.  Righeimer just brushed that idea aside.

Laurene Keane expressed concern about questions remaining unanswered about the 60th Anniversary fiasco.  Righeimer abruptly challenged her, which startled her - a newcomer to council meetings.  She regained her composure and finished her questions - which included questions about the mayor's job description and that of the CEO, but Righeimer's tactic seemed to have worked.  Once a bully...

Greg Tunnell suggested that all too frequently council members have complained to the press that they were victims when adversity befell them in the form of criticism.  He observed that CEO Hatch is just a scapegoat, and that all the real decisions are made at the top - by Righeimer.

Tamar Goldmann observed that, while Righeimer's crew holds the majority on the dais, they don't have a mandate by any definition of the word, and pointed out the narrow margin Gary Monahan had held to be re-elected and that Sandra Genis was the highest vote-getter in the last election.

Cindy Black presented a hastily-contrived discussion attempting to link Righeimer campaign contributors to developers doing business in town.

Harold Weitzberg addressed the recognition of the holocaust, then spoke briefly about how the kind of dictatorship that led to that terrible time started as something much smaller and wondered how we, in local venues, could be aware of such situations that might be starting locally.

COUNCIL MEMBER COMMENTS
At 7:00 Righeimer began Council Member Comments by addressing the new fire equipment, the new traffic light coordination plan that will permit smoother flow of emergency equipment around the city, saying it would save $1 million each year and not require laying off a single person.  He said the citizens are paying the bill.  This man is deluded!  He conveniently forgot to mention that the firefighters have been working backbreaking shifts for almost three years while he and his majority refused to let them hire more staff.  Right now there are four vacancies in the CMFD which are keeping us from fully deploying the new equipment.

Mayor Pro Tem Steve Mensinger launched his comments by telling Righeimer, "you are a guy, a father and a leader..." I thought I was going to puke!  He praised the fact that the upcoming Mayor's Celebration was sold out and would raise $10,000 for high school arts programs in the city.

He touted the new Costa Mesa Connect app for smartphones, stating that he's used it nine times with great success.  He said, "It's a lot better than the phone calls council members used to make to get things done."  Uh-huh... that would be like the decomposed granite path, for example, Steve?

He addressed the Dog Park - referring to it as the Dirt Park and suggested that we should clean it up and make it for residents first.  Then he launched into a mini-rant defending "developers" and cited South Coast Plaza, Metro Point, IKEA and the Auto Club as examples of good developments.  He said "it's in vogue to disparage change"... whatever that means.

He then praised COIN, citing that it was conceived here - his baby - and mentioned that lame duck supervisor John Moorlach is pushing to implement a similar program in the county government.  The thought of Mensinger being the sperm donor for a program that still has not demonstrated it's actual value made me smile.

Sandra Genis mentioned a recent meeting of the Southern California Association of Governments (SCAG) which included a discussion presuming that toll roads were all but a done deal for most interstate roadways.  She also corrected the record Mensinger had misrepresented about the developments he cited.

Wendy Leece covered a wide array of issues, including the radioactivity concerns by the earlier resident; more trees at the dog park; wondered about the report from the 60th Anniversary Committee wrapup; indicated that an RFP will be issued for the new library expansion.  She commented on the inclusion of the rabbi last night and suggested that we needed more diversity in the presentation of the moment of solemn expression and cited a very recent Supreme Court decision.

Gary Monahan - he actually showed up and actually spoke at this meeting - suggested that we go back to having an actual invocation instead of the moment of solemn expression; that we just go plant more trees at the dog park; that Industrial Way curbs and gutters need attention and that there are two fund raisers this coming week at St. Joachim Catholic Church (his church) and another for Kaiser and Woodland schools.

HATCH
CEO Hatch began his presentation at 7:45 and told us the draft of the final report on the 60th had been circulated to the members and he hoped to have the final version on the city web site by week's end.  He addressed the two meetings on the budget next week - and mentioned a $109 million General Fund  amount.  He mentioned the re-formation of the internal Elections committee to oversee and manage that process again this year.  He also mentioned that the city crews had been dealing with fallen trees due to the wind - 22 in all, that there is a memo about the closure of the Hamilton Garden (see my previous post) and that the Orange County Board of Supervisors and Ganahl Lumber have signed a deal to expand that store into space below the 55/73 freeway interchange.

CONSENT CALENDAR
Only two items, #4 and #5 were pulled from the Consent Calendar so the remainder were passed on a single vote.

CDBG FUNDING
At around 8:00 Righeimer recused himself because he's involved with Mercy House and the council dealt with Public Hearing #2, the granting of CDBG funding.  Several speakers addressed their organizations and the vote was taken for Mercy House and passed 4-0.  Righeimer returned and the council voted, 5-0, to follow the staff recommendations on the remainder.

QUICKIE
Then they addressed Public Hearing #1, the actual resolution of the agreement for the CDBG and HOME funds.   After a short, fifteen minute, discussion it was passed on a 5-0 vote.  They then took a 10 minute break.

FINALLY...
Public Hearing #3, the proposal for the development of 240 apartment units at 125 Baker Street began at 8:30 - and it ran on and on and on, finally ending at 11:40, followed by another break.  This project discussion had some interesting twists and turns.  For one thing, based on our current formula, it is underparked by roughly 20%, although Righeimer said it's not.  Several developers or friends of developers - commercial real estate agents, etc. - stepped up to praise the project.  A total of fourteen people spoke on this project, six of which supported it.  The remainder didn't support it outright or had some misgivings about it.

"WE NEED SOMETHING ELSE"
You'll note in this image, which shows the presumed costs of amenities for this project a number called "Contribution" for $250,000.  Leece wondered where that number came from and was told by staff that it was a result of a suggestion by the mayor.  It seems that Righeimer took it upon himself to contact the developer directly and suggest that we needed "something else" on this project, so the developer agreed to pony up a quarter million dollars.  Righeimer acknowledged his involvement during the meeting!  My jaw dropped when I heard that, as did those of several audience members around me.  Then, again, nothing should really surprise me - more to come on that at the end.

DICTIONARY, STEVE
During one series of comments he made Mensinger was addressing the developers of this project and the way profits were going to be calculated.  He said, "this is what they decided to do as an avocation."  Well, my dictionary says "avocation" is "something a person does in addition to principal occupation.  I suspect this is not an "avocation" for the developers - it IS their day job!

WHAT IS HE SMOKING?
Righeimer went off on another of his long rants, saying at one time, "People want to live in Costa Mesa.  They don't want to live in Irvine.  They don't want to live in Newport Beach.  They want to live in Costa Mesa because it's cool!"

WHAT EVER THE DEVELOPERS WANT
Then he complained about having too much "C office space" - as in a scale of A, B, C, D, E...  He indicated that owners are selling out and the best return on the investment is housing.  When asked how many such projects he expected to see, he said "probably not more than 1,500 or 2,000 units."  Is that all?  He also said, "We have to do whatever we can to to get jobs."

PASSED
Finally, just after 11:00 p.m., they began to consider each of the half-dozen motions.  The first passed, 5-0, but then Leece balked and the remainder passed on 4-1 votes and they took another break at 11:40.  It took us just under three and a half hours to get through that process.

HEADING PAST MIDNIGHT
At 11:50 Righiemer had a quorum so took a vote to extend the meeting past midnight, 3-0.  The first was New Business #1, the re-authorization of the Business Improvement Association and the funding of the Conference and Visitors Bureau, which passed on a 5-0 vote at midnight.  There are some who think Righeimer and his majority use this funding as a piggy bank for special projects.  All he's got to do is pick up the telephone...

SIGN ORDINANCE TO PLANNING COMMISSION
Next up was Mensinger's plan to revisit the sign ordinance.  After a 10 minute discussion and one speaker addressing it - John Feeney - who has spent decades in a business that supports the sign business, the council directed that the issue be sent down to the Planning Commission for a study and assessment.  Mensinger doesn't like the big monument signs, so we'll be spending thousands of dollars of staff time on this issue without clear direction.

UH-OH...
At 12:10 we began the discussion of the Ethics Policy.  I've mentioned many times before that seldom does anything good happen after midnight after these meetings.  This was no exception - except we got a very clear look into the mind of the mayor.

HOW DID WE GET HERE?
Wendy Leece inquired of Assistant CEO Tammy Letourneau how we got here?  What brought this item to us?  She said that an audit recommended gathering up all the fragments of an ethics policy and putting them all in one place.  She cited pieces of this in the Municipal Code and other places.

QUESTIONS...
Four people spoke on the issue.  Sue Lester wondered specifically how it would be applied, especially to council members.  Beth Refakes wondered about volunteers and consultants.  What about the actual penalties?  What about the MOUs?  What about consultants?  Robin Leffler wondered about the process - hearings, appeals, wrongly accused?  Cindy Brenneman suggested that it will be good to finally have a clear policy that's easy to understand and follow.  She wondered about penalties for council members who toss flippant comments at residents as they leave the speaker's podium - as happened to her earlier.

"NOT INTERESTED IN IT"
During the subsequent discussion Righeimer's true self finally showed through.  He said it "seems like a lot of work." and that "I'm not interested in it." Monahan suggested they just receive and file the report.  Genis suggested it would add transparency to their processes.  Leece was perplexed because the auditor suggested it, that we should all work more closely together and with higher ethical standards.  Mensinger aggressively asked her if she wanted them to be guidelines and enforceable?  Who knows what he meant by that?

OOPS!
Eventually, before they voted to receive and file it on a 4-1 vote - Leece voted no - Righeimer speculated that it would just be used as a "crudgel" - I guess he meant "cudgel" - for people to make false accusations and that the council would be flooded with paper.  Whenever the discussion swung around to how council members would be handled he deflected it away.

CHILLING!
After watching that discussion - I encourage you all to watch that segment of the meeting for yourselves when it becomes available - it is very clear to me that our mayor simply cannot be bothered with worrying about ethics.  THAT is chilling!  Not unexpected, but chilling, nonetheless.

MOBILE HOMES
It was now 12:35 this morning.  Jay Humphrey had pulled Consent Calendar items #4 and #5.  Number 4 dealt with the General Plan review and he used it to complain that we had no Mobile Home Park ordinance and were losing open space.  Robin Leffler also commented - that residents comments about density were not being considered.  It was passed, 5-0.

OUTSOURCING
Number 5, the extension of a contract with West Coast Arborists, gave Humphrey the opportunity to point out that this is an example of something being "outsourced" when the mayor has proclaimed that was why we needed a charter.  Unfortunately, the late hour and heads apparently turning to mush, allowed Righeimer to launch into his "Charter" rant again.

VRSKA FIGHTS OFF THE BULLY AGAIN
Anna Vrska was a "trailed" public commenter, so she talked about ethics - Righeimer didn't like that too much and tried to shut her off, unsuccessfully.  She also criticized him for referring to speakers as the "crazy crew", suggesting that was specifically the kind of thing the ethics policy would address.

ROBIN ANGRY
Robin Leffler also spoke, criticizing Righeimer for his "Don't hold your breath" comment to Brenneman earlier in the evening.



IT'S "HIS WAY" OR...
The meeting ended with us knowing a lot more about Mayor Jim Righeimer.  We know that the rules don't apply to him, and that he won't approve any attempt to make rules that he has to follow - the Ethics Policy, for example.  I read the policy and the modified version handed out at the meeting.  It wasn't quite ready for prime time yet, but it would only take a little tweaking to make it work - some process issues needed to be clarified.  So, dear readers, know that your mayor - the guy with hands firmly on the steering wheel of your city - simply isn't going to be bothered by ethical issues.  He's going to do things HIS way, whether you like it or not - and he's got the votes to do exactly that.  Six months from now you have a chance to change that situation.



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