Tuesday's Council Meeting

COULD BE FUN ON TUESDAY
While I was gone on my little hiatus the City of Costa Mesa released the agenda report for the next council meeting, on Tuesday, February 5, 2013.  You can read the agenda HERE.

MAYBE SHORT - MAYBE NOT
A quick peek at it might lead you to believe the meeting might be a short one.  Well, that may not be the case, depending on how things go with Public Comments, the Consent Calendar and a couple of the business items listed.

A.B.L.E "DIVORCE" SETTLEMENT?
For example, on the Consent Calendar - theoretically those items that are of a routine nature and could be approved with one vote - there are some items that might require some further explanation and separate discussion.  Item number 5, for example.  It is Warrant # 2458, HERE, - one of three warrants on the Consent Calender for that evening.  However, buried among the payments for employee health benefits, this one contains an entry dated 1/25/13 that provokes curiosity.  That is a check in the amount of $2,554,815.14 to the City of Newport Beach for "ABLE Equity Distribution".  Without knowing more, one assumes that is the 50/50 split of the proceeds remaining from the sale of the three helicopters, plus any cash left in the bank following the ill-advised dissolution of the Airborne Law Enforcement (A.B.L.E) program.  I'd kind of like to know just what that money represents - maybe someone will ask if we are now, finally, out of the A.B.L.E program.

HANDING OUT FREEBIES NOTE:  THIS ITEM HAS BEEN REMOVED FROM THE AGENDA

Item #6 has a fascinating title - Resolution Establishing Receipt And Distribution Policy Regarding Tickets And/or Passes In Conformance With The California Code of Regulations As Recently Amended By The Fair Political Practices Commission.  You can read the staff report HERE.  This codifies the procedures for distribution of freebies in the City.  Makes for interesting reading.

"COMPENSATED COUNCIL APPOINTMENTS" REPORT

 Item #7 is also fascinating.  This deals with the "Adoption of FPPC Form 806 Listing All Compensated Council Appointments".  You can read that staff report HERE.

60TH ANNIVERSARY CELEBRATION PROPOSAL
Once we finish with the Consent Calendar we're scheduled to hear the New Business items.  Right off the bat #1 is the 60th Anniversary Celebration Concept and Proposed Budget, HERE.  The committee headed up by Chairman Mike Scheafer and guided by Public Affairs Manager Dan Joyce has been doing yeoman duty for the past couple months and will now present their ideas to the council and ask for $125,000 in budget dollars to proceed with their plans.  If you follow the link there are several other links that list participants, plans, etc.  This should be an interesting presentation.

GENIS WANTS A DO-OVER

Next is New Business #2, the "Consideration of Council Member Request For Rehearing Regarding Appointments of Planning Commissioners."  Former Mayor Sandra Genis, the newest member of THIS council, is requesting a "de novo" hearing of the recent Planning Commission appointments due to violation of appropriate procedures.  You can read her request HERE.  This one could generate a lot of heat - and hopefully some light, too.  You will recall that de-frocked Costa Mesa Sanitary District Director and former Planning Commissioner Jim Fitzpatrick and lawyer Timothy Sesler were appointed at the meeting three weeks ago.  If the re-hearing is granted it will be held at the council meeting on February 19, 2013, which might mean the Planning Commission would not have enough members to form a quorum on their meeting on February 11, 2013.  McCarthy and Sam Clark's terms have expired and Fitzpatrick and Sesler's appointments would be in limbo, leaving only commissioners Rob Dickson and Jeff Mathews on the dais. (NOTE: Spoke with the City Clerk monday morning... all incumbent commissioners will stay in place until replaced, so the City's business will continue uninterrupted while the council sorts out this situation.)

REPLACING SALCEDO - OR MAYBE NOT

New Business Item #3 is the appointment of a Planning Commissioner to replace Ed Salcedo, who resigned only a few hours before the last council meeting, HERE.  At that meeting current Planning Commission Chairman Colin McCarthy was appointed to fill out Salcedo's remaining two years.  At the time contract City Attorney Tom Duarte was asked if it was appropriate to fill that slot and he said yes.  It turned out that, following some research by the City Clerk later, it was NOT OK to fill that slot so quickly - improper noticing was the problem.  You may recall that the previous council also had a little difficulty with proper noticing and it cost them Jim Righeimer's Charter scheme getting on the June ballot.  There are 13 applicants for this slot, including some new ones added since the previous meeting.  You can read those applications HERE.  It appears to me that this item will be directly affected by the decision on the previous item.

PARKS AND RECREATION COMMISSION VACANCIES

The final item on the agenda is New Business #4, appointments to the Parks and Recreation Commission, HERE.  This was put off from the previous meeting because some council members said they didn't have sufficient time to interview all the candidates.  Well, there's a whole lot more on this roster, so I hope they took time to do their due diligence this time.  There are 16 candidates for four slots open, including one guy who applied late.  You can read those applications HERE.  Late application didn't seem to bother Mayor Jim Righeimer last time - probably because he was a late applicant when Allan Mansoor appointed him to the Planning Commission only a few months after he dragged his carpet bag to town in 2006.  We'll see how this goes, and whether they will follow the solid advice presented by Daily Pilot columnist Jeff Harlan in his piece today, HERE.

Salcedo Resigns From Planning Commission!

I SHOULD HAVE KNOWN BETTER...
So, I figured I'd stay home tonight and not travel over to City Hall to watch the Planning Commission meeting.  I figured most of what they were going to deal with would be pretty mundane and I could always watch it on my tape.  Silly me!

SALCEDO BAILS OUT
Planning Commissioner Edward Salcedo announced at the beginning of the meeting that he was resigning for personal reasons and that the meeting tonight would be his last.  He leaves his position on the commission after serving only half of his term, which expires in February, 2015.

SEVEN SLOTS TO FILL TOMORROW
This now means that the City Council will have seven (7) positions to fill Tuesday night instead of six - three (3) on the Planning Commission and four (4) on the Parks and Recreation Commission.

ALL BUT A DONE DEAL
If there was any doubt that Jim Fitzpatrick was going to have a warm seat waiting for him tomorrow night, that is gone now.

CLARK - IN OR OUT?
In an interesting sidebar, Vice Chair Sam Clark ran the meeting instead of Chairman Colin McCarthy.  I'm trying to decide whether that was an audition or a swan song.  I guess we'll find out tomorrow.

Fitzpatrick Resigns From the Sanitary District Board

HE FINALLY DOES THE RIGHT THING

To the surprise of very few, Costa Mesa Sanitary District Director Jim Fitzpatrick resigned his seat from that board today, clearing the way for him to be re-appointed to the Costa Mesa Planning Commission by the Costa Mesa City Council tomorrow evening.

BITTER DEPARTURE
In a bitter letter to Costa Mesa Sanitary District General Manager, Scott Carroll, Fitzpatrick expressed his continuing disappointment in the CMSD Board for its attempt to remove him.  His letter   - which misstates the legal opinion recently provided by State Attorney General Kamala Harris - says that the receipt of his letter by the Board is "ending further legal processes on the Quo Warrento action".  I'm not so sure that's actually the case.  He expressed disappointment that the Board would not wait for his pal, Assemblyman Allan Mansoor, to "amend the language" that apparently prohibits Fitzpatrick - or anyone else - to hold seats on the Sanitary District Board and the Planning Commission simultaneously.  Since Mansoor has ZERO clout in the Assembly, that could be a long, long, long wait.  His closing sentence is a confusing one.  He says, "My actions are designed to end further efforts by my fellow CMSD Board Members thereby eliminating any additional cost to both the District rate payers and myself."  Say, what?  End their efforts to do what?  Get a legal decision that finally resolves this issue?

BOARD LOOKING FORWARD TO GETTING BACK TO BUSINESS

The CMSD Board held a previously-scheduled closed session meeting today.  In light of Fitzpatrick's resignation they have dropped the Quo Warrento action and, according to one director, are looking forward to getting back to the sewer and trash business.  Any thoughts about how to replace Fitzpatrick on the Board will be agendized for their next regular meeting on January 24, 2013.

THUMBED HIS NOSE AT LEGAL ADVICE
Fitzpatrick, who ignored solid legal advice when he held seats on the Planning Commission and the Sanitary District simultaneously, faced the specter of very significant legal costs as his four peers on the Sanitary District board decided to pursue legal action to remove him.  It is unclear at this time whether he will be responsible for legal fees accumulated by the Board in this matter.

WILL DON QUIXOTE RE-APPOINT SANCHO PANZA?

Now we will see if cronyism is still alive and well in Costa Mesa.  We'll know it is if the city council majority appoints Fitzpatrick - whom I've previously described as "Sancho Panza" to Steve Mensinger's "Don Quixote" -  to one of the two open seats on the Planning Commission and thereby ousting one of his former peers, either Chairman Colin McCarthy or Vice Chair Sam Clark.  Regardless, it will certainly perpetuate the drama that Costa Mesa municipal governance has become over the past couple years.  It's certainly worth the price of admission.

A Fun Time Ahead On Tuesday

HERE WE GO AGAIN...
Next Tuesday, January 15, 2013, the Costa Mesa City Council will meet at its regularly scheduled meeting - the final one of the month - at 6:00 p.m. in council chambers.  A closed session will precede it at 5:00.

AGENDA PENDING
This meeting promises to be short, but potentially very entertaining.  As I prepare to post this at 2:00 p.m. Friday the agenda has not yet been posted, but I got a sneak peek at it, so will whet your appetite for what's ahead. Agenda now available HERE.

COMMISSION APPOINTMENTS

The big item on the agenda, HERE,  is the appointment of new Planning and Parks and Recreation commissioners.  Originally there were to be five (5) appointments, but now there are six (6) because Parks and Recreation Commissioner Dan Vozenilek resigned suddenly Thursday, creating four (4) slots open on the Parks and Recreation Commission.

PLANNING COMMISSION ROSTERS
The Planning Commission presently consists of the following individuals (the termination of their appointments is shown in parenthesis):

• Colin McCarthy, Chair (Feb. 2013)
• Sam Clark, Vice Chair (Feb. 2013)
• Rob Dickson (Feb. 2015)
• Ed Salcedo (Feb. 2015)
• Jeff Mathews (Feb. 2015)  He's filling out the unexpired term of Jim  Fitzpatrick, who resigned last year.

This produces two (2) positions for the council to fill.
*APPLICANT RESUMES AVAILABLE HERE.


PARKS AND RECREATION COMMISSION ROSTER
The Parks and Recreation Commission presently consists of the following individuals.

• Kim Pederson (Feb. 2013)
• Dean Abernathy (Feb. 2015)
• Vacant (Feb. 2015) - Ethan Temianka's position, who resigned following his election to the Mesa Consolidated Water District Board in November.
• Vacant (Feb. 2013) - Jeff Mathews position, who was appointed to the Planning Commission
• Vacant (Feb. 2015) - Dan Vozenilek position.  He resigned Thursday.

This produces four (4) positions for the council to fill.

*APPLICANT RESUMES AVAILABLE HERE.

ROSTER OF APPLICANTS
Here's the roster of applicants for the positions on both the Planning and Parks and Recreation Commissions.  Three people, Byron de Arakal, Devin Lucas and Tim Sesler,  have applied for a seat on both commissions and are noted by the asterisk (*) beside their names. (click on the image to enlarge)

FITZPATRICK GIVES THE AG "THE FINGER"

There are so many potentially interesting stories in this roster of folks, but the only place to begin is with the re-emergence of Jim Fitzpatrick as a candidate for a Planning Commission seat.  Anyone following Costa Mesa politics lately know most of the story of Fitzpatrick thumbing his nose at solid legal opinion and holding seats on both the Planning Commission and the Costa Mesa Sanitary District Board of Directors.  It has been reported that he was advised by lawyers that he was forbidden to hold both seats simultaneously.  Eventually, the middle of last year and following legal action initiated by the remaining four members of the Sanitary District Board, he resigned from the Planning Commission.  The legal action remains and the State Attorney General, Kamala Harris, recently advised the Sanitary District that the lawsuit could continue.

ARROGANCE AND/OR STUPIDITY

And yet, here we are, with Fitzpatrick effectively giving the Attorney General the finger by re-applying for the Planning Commission seat!  One can only assume that he intends to resign from the Sanitary District Board - or else he's willing to go through with the legal action and potentially lose all he owns to legal fees.  I'm trying to figure out whether he's getting bad legal advice or is just plain stupid.  Could be a little of both.

WILL THE COUNCIL COMPOUND THE PROBLEM?

So, the question then is whether the council majority will re-appoint Fitzpatrick knowing all the drama that surrounds him in this matter.  Of course, Fitzpatrick could resolve the issue by resigning from the Sanitary District Board BEFORE the appointment process on Tuesday.  Stay tuned!

WILL THE COUNCIL OUST CLARK AND/OR MC CARTHY?
Under more normal circumstances the top question here would be whether the council is willing to dump either Sam Clark or Colin McCarthy - or both - from the Planning Commission.  Clark has been a loyal GOP foot soldier and has not done a bad job on the commission.  McCarthy managed to irritate a lot of people around town during his failed City Council campaign last year, so I'm wondering if they will cast him aside.

KRUPP IS BACK

The roster of applicants has other provocative names on it.  Marshall Krupp, for example, became the invisible man once he terminated his campaign last fall.  His background includes significant planning-related experience.

ELEANOR EGAN IS BACK, TOO
Long time activist and former city employee, Eleanor Egan has directly related experience, having been a member of the Planning Commission in the recent past.  She served with distinction during her tour and was always a voice of reason on the commission.

STEVE SMITH?  REALLY?
Columnist Steve Smith is on the list.  That's interesting, since he has zero background for this kind of an assignment.

BYRON'S BACK, TOO
Byron de Arakal applied for either commission, has been on the Parks and Recreation Commission in the past - including a tour as Chairman - and did a great job.

YOUNG LAWYERS
Two recently-active young lawyers, Devin Lucas and Tim Sesler, have applied for both, too.  Personally, it might be fun to have them on the Parks and Recreation Commission.  Sesler has proven to be pretty thin-skinned when it comes to criticism of his views as expressed in commentaries in the local media and in the comment threads online.

MORE THAN A ONE-TRICK PONY

Sue Lester applied for the Planning Commission.  She has demonstrated that she's far from being the one-trick pony most assumed she would be when she became active in local issues primarily to protect her business.  She has become a tireless activist on a variety of issues and is currently on the 60th Anniversary Planning Committee.

OTHER ITEMS OF INTEREST, TOO
Other items on the agenda include the re-naming and re-tasking of the Investment Oversight Committee, HERE,  and Mayor Jim Righeimer's appointments to the Conference and Visitor's Bureau Board, the Transportation Corridor Agency and the Orange County Vector Control District, HERE. At this point the agenda is not posted on the City web site.  When that occurs the applications for all the individuals will be available online for our review.  I'll comment more at that time.

Surprise, surprise!

MATHEWS TO REPLACE FITZPATRICK?
OK, I won't keep you waiting any longer.  The Planning Commission exercised authority it didn't really have tonight and unanimously recommended Parks and Recreation Commissioner Jeff R. Mathews to replace Jim Fitzpatrick on the Planning Commission.  Its recommendation will be forwarded on to the City Council - which actually DOES have the authority - and it will make the selection at a council meeting in August.

THE BEST LAID PLANS...
The bulk of the Planning Commission meeting agenda was pretty mundane so I chose to stay home and watch the proceedings on television.  Well, that seemed like a good idea until we lost the video feed of the meeting, so it ended up being like the old days of listening to the radio!  I did, however, dash to City Hall for the appointment item - the final one on the agenda.  I joined candidate Marshall Krupp and 5 others in the auditorium.

NOT SURPRISED
The selection of Mathews - who was number one on every commissioners short list - was no surprise to me.  Although there was some conversation about forwarding three names to the council for their consideration, Vice Chairman Sam Clark convinced Chair Colin Mc Carthy and commissioner Rob Dickson to vote to just send Mathews name forward.  Commissioner Ed Salcedo voted no, preferring to send three names forward.  The others considered on that list were Byron de Arakal and Jonathon Zich.  Mathews is a OC GOP stalwart, a member of the central committee and spreads campaign donations around like a farmer sewing seeds in a field.  That fragrance in the air was not fertilizer on those seeds, although it did smell like it.  No, it was pure partisan politics.

WILL THEY REPLACE MATHEWS?
Now the council will make its decision next month.  Once that's done - there is no reason to assume that Mathews WILL NOT be chosen - that leaves an opening on the Parks and Recreation Commission.  I won't be surprised if one of the remaining candidates from this recruitment are chosen for that opening.   However, there are other considerations.  The Parks and Recreation Commission only meets every other month.  If he is appointed to the Planning Commission in August that leaves only the September and November meetings until Mathews' term will have expired in January, 2013.  Assuming an actual recruitment effort is undertaken - usually a month - by the time the candidates are sorted out and qualified for consideration we will probably be in October.  I think it's unlikely that an interim commissioner will be appointed under these circumstances.  This council has been known to bend the rules, though, so nothing will really surprise me. 

CRONY POLITICS
So, crony politics is alive and well in Costa Mesa.  More on that in another post soon.

Planning Commission To Appoint Fitzpatrick Replacement?

REALLY?
Early in the Costa Mesa Planning Commission meeting tonight Chairman Colin McCarthy informed the public that, following several discussions he had with Mayor Eric Bever, the commission will fill the vacancy created by the recent resignation of Jim Fitzpatrick at the July 9 Planning Commission meeting.

MAINTAINING THE "STAGGER"
According to McCarthy, the staff will initiate a recruitment effort immediately and the four remaining commissioners will screen the applicants and individually interview those in whom they have an interest.  According to McCarthy, the appointment will NOT be for the remainder of Fitzpatrick's term, which expires in January, 2015, but only through the General Election in November.  Effectively, that means the NEW council will appoint a replacement for Fitzpatrick as well as consider replacements for McCarthy and Vice Chairman Sam Clark, whose appointments expire January 31, 2013.

TERM UNCLEAR
It is unclear whether that means the Fitzpatrick replacement would be for a four-year term, even though there will only be two years on Fitzpatrick's term remaining.  The objective is to have staggered terms, so the new council could appoint three persons to four year terms in January and retain that "stagger".  Commissioners Ed Salcedo and Rob Dickson are scheduled to serve until January 31st, 2015.

LOOKING FOR THE AUTHORITY
It is also unclear where the authority for the commission to appoint a member, even though it is short-term.  I searched the Municipal Code and the California Government Code for the authority for the Planning Commission to fill the vacancy.  I was unsuccessful.  The authority MAY be there and I simply overlooked it.  It has been my understanding that the authority to appoint a commissioner resides only with the City Council.  I wrote to the City CEO and City Attorney on this issue, looking for the reference to the authority implied.  I'll report back here when I receive a reply to my inquiry

 SMOOCH!
Earlier the commission gave Fitzpatrick a big wet kiss in the form of a proclamation honoring his service to the city as a planning commissioner.  A couple of them referred to him as "Director Fitzpatrick", a reference to his position as a Director on the Costa Mesa Sanitary District Board.  We await the results of the legal action to see how much longer he holds that position.

Planning Commission Set, Council Disassembling Continues Tonight

NEW COMMISSION SEATEDOK, so we now have a full Planning Commission. Last night the final three were sworn-in, so now Colin McCarthy, Sam Clark, Rob Dickson, Ed Salcedo and Jim (Sancho) Fitzpatrick will guide the planning process for the next two years.

MC CARTHY AS PLANNING COMMISSION CHAIR
The election of officers was an interesting sideshow. Clark, as current Vice Chair, conducted the proceedings to elect a chairman. Fitzy nominated McCarthy, then Clark nominated himself and found himself odd-man-out when the vote was taken. McCarthy was elected Chairman, 4-1. Clark voted NO.

CLARK CONTINUES AS VICE CHAIR
Then McCarthy moderated the selection of the Vice Chairman. Dickson nominated Clark and McCarthy nominated Fitzy. When the Clark vote was taken he was elected 3-2, with McCarthy and Fitzy voting NO. This was the beginning of a tough night for Fitzy. Clark is one of the last vestiges of the old "Improvers" left in government and the intention of the NEW Jim Righeimer-led power structure is clear - to shove him aside. Steve Mensinger already let him know where he stands by appointing him to the short term seat last month.

FITZY'S SURPRISE
When it came time for the consideration of the first public hearing on the Irvine Company property at the Pacific Arts Plaza (formerly Two Town Center) Dickson had to excuse himself because he had a conflict - his employer has a business relationship with the Irvine Company. As he was about to depart Fitzy stopped him and wanted clarification from Tom Duarte, the Assistant City Attorney. Duarte confirmed Dickson's conflict of interest. Fitzy got a very furrowed brow and, once the item was read into the minutes, asked for 30 seconds to confer with Duarte. McCarthy, instead, called a five minute break. When they returned Fitzy excused himself - seems he also had a conflict. This was very strange, indeed. One had the impression that Fitzy was deep in introspection, contemplating other instances where he may have conflicts in the past. We'll never know.

ABLE, 2 COPS, HATCH AND MENSINGER'S "CEO"
Tonight I expect there will be a packed house at the City Council meeting as we hear, among other things, about the demise of the ABLE helicopter program, the abandonment of two open police officer positions, Tom Hatch's contract, executive severance and Mensinger's hair-brained scheme to begin calling the City Manager the Chief Executive Officer (CEO).

MORE RUMBLINGS
And, as this turmoil continues to bubble I hear more rumblings about pending departures of senior staffers, sick of the abuse and the uncertainty of the future for them in our city. This is truly sad and it makes me wonder what it's going to take to wake up the residents of this city...