Amended Council Agenda Assures A Short Meeting

SMALL AGENDA PROMISES SHORT MEETING
The Costa Mesa City Council will meet again tomorrow, Tuesday, June 2, 2015 beginning at 5:45 p.m. for what will likely be a relatively short meeting.  Then, again, with this council, one never knows.  Two items were yanked from the agenda shortly after noon today, so you can read what remains of the full agenda HERE.  My fingers will be crossed for a ten o'clock departure.

PARK FEES PULLED
The first of the two items removed was Public Hearing #3, the "proposed 2015 update to the park in lieu impact fees".  No indication was given about why this time was pulled and, as of press time here at the old Cauldron, nobody was available for comment.

FORENSIC AUDIT PULLED, TOO
The second one, New Business #2, "Information regarding a forensic audit for the 60th Anniversary Event", was also removed without comment, although considering the fact that the Orange County District Attorney chose to not move forward with his investigation last week, one can read between the lines.  Katrina Foley said for the record that she would NOT support such an audit.  I don't disagree with her on much, but do on this one.  Besides, it's VERY unlikely that there were three votes for it, anyhow.

Moving forward to what's left of the agenda, taking it from the top...

CLOSED SESSION
There is a Closed Session beginning at 5:00 p.m. at which three items will be discussed:
1 - Existing litigation, City of Costa Mesa v. Civic Center Barrio Housing
2 - Labor negotiations with the Costa Mesa City Employee Association (CMCEA)
3 - Existing litigation, CMCEA v. City of Costa Mesa

PRESENTATIONS
There are three presentations:

1 - Signature Academy Program
2 - Mesa Water District's Water Conservation Measures
3 - City of Costa Mesa's Water Conservation Mandate Implementation
On those last two, we're hoping to hear something from the city about slackening up code enforcement on brown lawns, since it doesn't make any sense to fine residents for brown lawns when Mesa Water will ding them for using too much water.

CONSENT CALENDAR
Following Public Comments and Council Member Comments they will move on to the Consent Calendar, which has eleven (11) items this time.  These will be voted upon as one vote unless someone wants to pull one for separate discussion, in which case it will be moved to the end of the agenda for discussion.  If you're interested in any of the items on the agenda, please go down through the list.  Most are pretty straightforward.

HOW WE SPENT OUR MONEY
However, as has been my practice, I'm going to give you a little tease about Warrant #2536, HERE, by listing a few of the entries to pique your interest.  I'm taking my entries from the top, in case you want more info.
City of Huntington Beach - $23,590.00 - helicopter svc, Mar. 2015
Civil Source - $28,000.00 - Constr. Mgt. Svcs, Mar. 2015
Complete Landscape Care, Inc - $59,213.18  - Bear/Yukon Bldg Mod. Proj
G4S Secure Solutions, Inc. - $120,193.59 - Jail Facilities Svcs, Feb and Mar. 2015
Jones & Mayer - $154,376.34 - Legal Svcs (a long list of them)
Lilley Planning Group - $23,655.00 - Planning Consultant Svcs (doesn't say for when)
US Bank - $33,937.86 - Retreat/Luncheon, Sales Tax/Misc Proc.Card Purchase.  WHAT?
Accountemps - $5,418.30 - Temp. Svcs, various
Allied Nationwide Security, Inc. - $1,345.56 - Security Guard Svcs, 3/16-3/31 - Assume for Sr. Center.
CBI Noor, Inc - $11,350.00 - Harbor/McArthur Sign Solar Lt/Bear/Yukon Proj
Government Staffing Services - $11,047.75 - Temp svcs, April, various
Hyatt Legal Plans, Inc. - $1,872.00 - Prepaid legal svcs, 4/15
Jones Day - $11,068.25 - Legal svcs. CMCEA, Jan. 15
Keyser Marston Assoc. - $6,690.00 - HOME policies, Nghbrhd Imp, Mar. 15
Liebert Cassidy Whitmore - $10,650.50 - Labor Neg. various
Meyers Nave - $5,202.50 - Legal - Fairview Park
Randstad Technologies, LP - $12,610.00 - Temp IT Support Staff 3/2-4/5
Stradling Yocca Carlson & Rauth - $4,352.00 - Legal, various
Hilton Costa Mesa - $10,322.09 - 2014 Employee Svcs Awards Bal.
CSG Consultants, Inc - $2,446.40 - Bldg Pln Chk/Insp + Fire Plan Review
Government Staffing Svcs - $13,120.00 - Temp Staffing, various (again)
Pacific Municipal Consultants - $4,500.00 - Consulting Svcs for Group Home
Quickstart Intelligence - $1,900.00 - IT Prof. Dev.
Safe Moves - $3,860.00 - Bicycle Education Services
Civil Source - $22,250.00 -  Staff Support, various Engr.
Costa Mesa Conference & Visitor Bureau - $227,300.11 - BIA receipts for March, 2015
Scientia Consulting Group, Inc. - $32,938.00 - On-site Tech Support, 2/22 - 5/2
Commercial Cleaning Systems, Inc. - $8,481.72 - Addl Fee - WAGE INCREASE
Interwest Consulting Group - $10,783.50 - Bldg Inspt. Svcs.Mar. 15
Traveltech Enterprises - $7,920.00 - Sr. Center Travel, various
All City Management Services, Inc. - $18,803.60 - Schl Crsng Guard, 3/1-4/11
Merchants Building Maintenance, LLC - $25,960.98 - Janitorial Svcs
Accountemps - $7,605.38 - Fin. Temps, various

Of course, there's much more on the Warrant list itself.  This time we spent more than $185,000.00 on legal services; $40,250.00 to Civil Source; more than $25,000.00 to Government Staffing Services; more than $45,000 on IT support.

BIA REAUTHORIZATION
Public Hearing #1, HERE, is the Business Improvement Area (BIA) reauthorization and resolution to levy annual assessment.  Don't blink... this one won't take long.

GIVING AWAY LAND
Likewise, Public Hearing #2, HERE.  This is the hearing for the vacation of a portion of Fullerton Avenue at 155 Flower Street.  This one also seems like a no-brainer, although there may be a few people unhappy with the City giving away land to a developer on general principles.

VICTORIA STREET DEVELOPMENT - AGAIN
Old Business #1, HERE, is the second reading of the rezone for the planned development at 1239 Victoria Street.  This one passed on a 3-2 vote last time and there's no reason to assume otherwise this time around.  The last time few neighbors showed up.. I wonder if more will make it to this meeting?

APPOINTMENTS
The final item left on the agenda is New Business #1, HERE, the appointments to the Traffic Impact Fee Ad Hoc Committee, Bikeway and Walkability Committee and the Pension Oversight Committee.  This one could get interesting, particularly if the council chooses to appoint Santa Monica resident Brent Stoll, who professes a "passion for bikes and commercial real estate interests in Costa Mesa" to the Bikeways committee again instead of one of the other eighteen (18) applicants.  If they do that they must waive Council Policy 000-2, HERE, which REQUIRES members of such committees to be a resident of Costa Mesa.  Every other applicant is either a current resident, about-to-become a resident or has been educated in Costa Mesa.  Plenty of other choices area available to the council - you can read their backgrounds HERE - without violating yet another city policy to place an outsider on the committee.  The Traffic Impact Fee Ad Hoc Committee is a slam dunk for Mayor Steve Mensinger and Mayor Pro Tem Jim Righeimer.  The choices for the Pension Oversight Committee are sparse, but it looks like there are a couple qualified individuals in the hopper.

Triple-Header Scheduled For Costa Mesa Council Tomorrow

FIRST, PLANNING COMMISSION GOALS
Tuesday, June 10, 2014, the Costa Mesa City Council has a series of three meetings scheduled back-to-back-to-back beginning at 4:30, when the council and Planning Commission will hold a joint study session to discuss the 2014/2015 Planning Commission Goals.  That meeting takes place in Conference Room 1A on the first floor of City Hall.  You can read that agenda item and the list of goals HERE.

THEN POSSIBLE LITIGATION UPDATE
Then, theoretically at 5:45, the council will adjourn to the 5th Floor bunker conference room for a Closed Session to be updated on anticipated litigation.  That agenda report is HERE.  Personally, I'm getting mighty tired of our council having to deal with all this litigation.  We didn't used to do business this way.

FUTURE OF THE SENIOR CENTER
Then, theoretically, at 6:00 the council will hold a Special City Council meeting in Council Chambers to discuss the future of the Costa Mesa Senior Center.  THIS is a very big deal.  You can read the staff report HERE.  If you are at all interested in the Costa Mesa Senior Center please take a few minutes to read the staff report.

SAVING THE SENIOR CENTER OR...?
In a nutshell, the staff is asking for the City Council to invoke the 90-day termination clause in the existing agreement between the City and the Costa Mesa Senior Corporation, HERE.  They are also asking them to adopt a couple resolutions - one, HERE, to authorize an exception to the rules to permit hiring a retired employee (already identified) to run the place and another, HERE, to establish the new position - Senior Center Program Administrator.  Interestingly, the resolution the council will be asked to authorize this new person has her starting to work tomorrow, June 10, 2014 - before the council will have considered this issue!  And, the resolution refers to the position she will hold with two different titles - the one mentioned above AND as "Senior Center Director".  It's not clear that the City Council has the authority to take over operations at the Senior Center tomorrow - or any date, for that matter.  Yes, the City owns the building, but the Costa Mesa Senior Corporation runs the programs.

A SECURITY FIRM AND FREE MEMBERSHIP
They are also asking that the council authorize a three-year contract with a security firm to provide security for the Senior Center, HERE, AND to approve one (1) year of free membership for all seniors who sign up during the next fiscal year.  Obviously, the staff must feel they have the authority to waive those fees - likely worth tens of thousands of dollars - but I don't know where it comes from.

A NEW AGREEMENT
Additionally, they've provided a draft agreement between the City and the Costa Mesa Senior Corporation, HERE, and a Senior Center Organizational Chart, HERE.  However, that Draft Agreement HAS NOT been approved by the Costa Mesa Senior Corporation Board, but some of the things the council is being asked to approve clearly hinges on that agreement being approved.

OR...

If the council invokes the 90-day termination clause in the existing agreement, that means the Costa Mesa Senior Corporation will be ousted from the facility around the middle of September!  If no new  agreement has been signed, all the terms outlined in the draft are moot.  In fact, the City could use the building for anything it chooses - homeless transitional housing, for example.  In the meantime, what about the Senior programs?  Presently the City has NO authority to take over the operations being provided by the Costa Mesa Senior Corporation.  Even with the issuance of the 90-day notice it appears that they have no such authority.

CLEARLY, THE SENIOR CORP. BOARD IS OUT

As I read all those documents one thing became clear - the Costa Mesa Senior Corporation Board is being forced out.  The new organization chart doesn't have any reference to that organization.

WHAT ABOUT THE ALBERT DIXON FOUNDATION?
Also, among the things NOT mentioned is the Albert Dixon Foundation, a separate organization that controls the distribution of hundreds of thousands of dollars earmarked by a former Senior Center member to be used for senior programs.  It is unclear what happens to that money if the Costa Mesa Senior Corporation is dissolved - which is clearly anticipated in the Draft Agreement included in the staff report.  According to Assistant CEO Tammy Letourneau, the City is not entitled to the Albert Dixon Funds and does not need them to operate the Senior Center.  According to Mike Scheafer, Chairman of the Albert Dixon Foundation Board, his organization has consistently provided funding to the Senior Center in the tens of thousands of dollars over the past five years or so.  One can presume they will continue to try to find ways to fund programs for seniors in Costa Mesa in the future.

OUT OF MONEY?
The staff report tells us that these changes are necessary to save the Senior Center, which would run out of funds by the end of this month if something is not done.  I could not get that assertion verified by members of the Senior Corporation Board I contacted.  I have no reason to doubt that assertion, but there are those Albert Dixon Funds sitting there....

HEAVY-HANDED
It seems to me that this has been a very heavy-handed process by the City staff.  Yes, we want senior services to be provided at a high level.  Yes, donations have dried up ever since Wendy Leece - responding to a couple complaints by members of the Senior Center a few years ago - cast a huge cloud on the management of the Center.  Claims of mismanagement created fundraising difficulties from which the Center has not recovered.  Without sufficient funds, programs have suffered and complaints have continued, which apparently leads us to the situation today.

QUESTIONS
Should there be changes made in the way affairs are managed at the Senior Center?  Probably.
Should the City take over the operations of the Senior Center?  Probably.
Is it critical that this change happen now - like tomorrow?  Probably not.
Has the city staff rushed this process?  Maybe.  It looks like it.
Can the Senior Center be operated into the new fiscal year so the new agreement can be further refined?  Probably.
Could the Albert Dixon Foundation Funds be used to help with that bridge?  Maybe.
Should the negotiations continue between the City and the Senior Corporation continue?  Certainly!

WHO WILL SHOW UP?
It will be VERY interesting to see how this shakes out tomorrow evening.  In fact, since senior members of the Costa Mesa Senior Corporation Board seem flat-out exhausted by this process so far, I wonder if any of them will show up to speak to this issue?  According to Letourneau, the objective of the City is to protect the seniors - to provide a safe, well-run facility and to provide necessary and important services to them.  Speaking as one of "them" - I'm grateful for that concern.  I just wish this transition could proceed without the chaos that presently exists.