Change Is In The Air - Look Out!

THE NEW TEAM IS SWORN IN
Last Tuesday evening the Costa Mesa City Council took on a very new look.  In the second segment of the meeting - held in the Senior Center because Council Chambers at City Hall is under significant renovation for the next few months - the results of the election held on November 6th was certified by the City Clerk, Brenda Green and were approved by the outgoing City Council.  Actually, only one person was "out-going" - termed out Jim Righeimer.  (Darn, there I go again, mentioning his name!)

KAREN ROBINSON PRESIDES
Then, the winners were sworn in by former mayor Judge Karen Robinson - a very special treat.

FOLEY CRUSHES GENIS
Katrina Foley was elected as the City's very first directly-elected mayor, defeating former mayor Sandra Genis by a huge margin.  This result was satisfying in many ways.  Genis was part of the council majority that deposed Foley as mayor last year without ever giving anything resembling a satisfactory explanation.  Foley conducted an energetic campaign, taking the high road and not responding to the vicious attempts to defame her name and record with lies and fabrications.  Genis, on the other hand, barely conducted a campaign and her representatives consistently took the low road.

DISTRICT VOTING A SURPRISE
The results of the district voting, also for the very first time in City history, was also very satisfying.  The candidates supported by the Righeimer/Mensinger/Genis/Mansoor group all failed miserably at the ballot box.

DISTRICT 3
Andrea Marr soundly defeated Mensinger supporter Brett Eckles in the District 3 race.

DISTRICT 4
Manuel Chavez crushed the developer-favorite Michelle Figueredo-Wilson for the District 4 race.  Activist Steve Chan finished far, far off the pace.

DISTRICT 5
Arlis Reynolds walloped former divisive mayor Allan Mansoor in the District 5 race.  Rebecca Trahan was also well off the pace in this race.

OOPS!
In the euphoria that followed the swearing-in ceremony, following the obligatory break so name plates could be properly placed and chairs juggled, Foley quickly re-conveined the meeting and nominated John Stephens for Mayor Pro Tem.  That motion passed, 6-0. It seems Mansoor was wandering around somewhere and was late returning to the dais, so the vote was taken without him.  I couldn't help but smile...

THE MESSAGE IS CLEAR - CHANGE IS NEEDED
We learned a lot from this election.  We learned that the voters, once again, affirmed that they'd had enough of the Righeimer/Mensinger style of governance.  They emphatically made clear that the solid rejection of those practices by the passage of Measures Y and AA in 2016 was not a fluke.  They don't want to see rampant multi-story developments.  They don't want to see spot zoning to facilitate that kind of development.  They don't want to see our residential neighborhoods defiled by increased density as a result of the Small Lot Ordinance.  They don't want to see the saturation of Sober Living Homes in our city.  They DO want to see a City Council that considers the needs of the residents before the profits of developers and sober living operators.

A LATINO PRESENCE!
After the first "Righeimer" segment there were still more than 200 people in the packed room at the Senior Center, who cheered enthusiastically when each result was announced and each new member was seated on the dais.  For the first time in my memory covering City issues I saw throngs of Latino faces attending a meeting.  This is understandable, because there are new three members of the City Council with Latino heritage.  And, interestingly, there are four women on the council for the very first time, too.

RIGHEIMER'S SCHEME BACKFIRED!
Righeimer hijacked the discussion of a District Voting plan more than two years ago and replaced the preferred choice as determined by several public meetings - Five Members - with his Six Districts/Directly-Elected Mayor plan and had it placed on the ballot using his majority, with Genis and Mansoor.  Unfortunately, nobody wrote an opposing opinion for the 2016 ballot, so it passed.  It's likely that Righeimer thought this scheme would help him retain control of the council when he was termed out this year.  It failed... yet another scheme of his that failed.

CHIEF OF STAFF AND COUNCIL AIDS
Mayor Foley had placed on the agenda a plan for an existing Finance vacancy to be converted to a Chief Of Staff, which would report directly to her, plus three part-time aids to be shared by the six council members, reporting to the Chief of Staff.  This proposal was, to say the very least, controversial.  The debate and public comment on this plan went on for nearly two hours, including a period when clearly-frustrated former mayor Sandra Genis mouthed to someone in the crowd, "What do I do now?",  before new Mayor Pro Tem Stephens offered a motion that changed the reporting relationship of that position... it will report to the City Manager.  That's a good compromise.  Now, if only we had a City Manager...  The recruitment for the four positions is now underway, with a closing date of Friday, December 14, 2018.

A GOOD IDEA, PRESENTED PREMATURELY
I understand what Foley had in mind, but she probably should have made this proposal sometime in January.  There are no more meetings planned until the first week of January.  Perhaps she simply could have floated the idea and had a full-blown discussion and a more thorough vetting - the City Attorney apparently did not vet this proposal for legality.   Resident Eleanor Egan, a former member of the City legal department and Planning Commission, was among those who spoke to this issue  and advised against the proposal as presented.  Others spoke, as well, while Acting City Manager Tammy Letourneau looked on.   But, as I mentioned above, the issue passed on a 5-2 vote, with Genis and Mansoor opposing.  The screamers at the Costa Mesa Public Square have been rabid on this issue for the past week.  We'll see how this goes.

WHERE'S DUARTE?
And, since I mentioned the City Attorney, I found myself wondering just where Tom Duarte was Tuesday night.  His seat was capably filled by former City Attorney, Kimberly Hall Barlow.  It was nice to see her back, even if it was for one meeting.  You may recall she was replaced by Duarte several years ago.  There was speculation that it was because she pushed back on the Righeimer/Mensinger mob.  Duarte was more compliant.

THIS WILL BE AN EFFECTIVE GROUP
I have every confidence that this new City Council will work together effectively.  Foley has demonstrated her leadership during 2017, before she was deposed by Genis, etal.  The new, young council members have demonstrated through their campaigns and prior public service that they have the education, intelligence and energy to make a significant contribution to the future of the City.  It's unclear what kind of contributions Mansoor and Genis will be making for the next two years, when their at-large seats expire.  One thing is sure... the 2020 local election in which we will again elect a mayor and three district council members - Districts 1, 2 and 6 - will be a doozy, as the forces of the Dark Side will certainly attempt to regain control. The next council meeting will be Tuesday, January 8, 2019.

City Council Team Building Retreat A Success

GETTING TO KNOW YOU, GETTING TO KNOW ALL ABOUT YOU...
The Costa Mesa City Council had an unusual event yesterday afternoon/evening.  They met for a "retreat" at the Hilton Hotel - a team building exercise facilitated by a consultant.  It was interesting, to say the very least.

THESE SESSIONS USUALLY WORK
Let me say up front that I've attended many such events - actually conducted a couple - in my private sector career assignments.  They were usually held at offsite locations - a resort, hotel, etc. - and  always proved to be a worthwhile exercise because the atmosphere was casual and loosely structured to encourage positive interaction - and nobody from the outside was looking over your shoulder.

BROWN ACT CONSTRICTION
This event, which is necessarily constricted by the Brown Act, still provided many of the positive elements even though there were a half-dozen residents and a Daily Pilot reporter on the scene.  You can read Luke Money's report in the Daily Pilot HERE.

WARM AND COZY
Beginning at 4:00, the small, warm room - had to keep those yummy appetizers warm, for goodness sake -  was configured so the council members and staff - City Manager Tom Hatch, City Attorney Tom Duarte and Assistant City Manager Tammy Letourneau - were seated in a "U" formation, so each could have easy eye contact with the others.  The consultant, Jan Perkins of Management Partners (the same firm that did the Police Department study a few years ago and at which Letourneau has worked) was at the open end of that "U", guiding the discussions, listing observations and suggestions.  All five members of the City Council were present for the entire evening, which ended up lasting a little over four hours, including a short dinner break at 6:00.  I left as they broke for dinner for Police Chief Rob Sharpnack's Town Hall at Vanguard University - more on that in another post.

Perkins began by showing the agenda for the meeting (above), and laid out some of the ground rules:

THE QUESTION...
She then handed out a sheet for the participants - council and staffers - to use.  They were asked to complete the following statement: "Costa Mesa would be an even better place if....."

BIOGRAPHICAL SUMMARY AND ANSWERS
Before answering that question each participant was asked to share some personal information about themselves - things the others may not know.  Each gave a brief bit if information on themselves - I won't begin to address that here except to observe that there's a whole lot of San Gabriel Valley influence in the room - and included their response to the question.

John Stephens hoped that they could work on the challenges ahead without the divisiveness that has marked the recent past.

Tom Duarte hoped for a successful meeting that could develop teamwork.

Jim Righeimer's response almost made me choke.  He said, "Costa Mesa would be better if it was not so political.", and compounded that by observing that we had handed over the treasury of the city to public employees.  I simply must observe here that HE has politicized every action he's taken in this city since he arrived a decade ago.  His view, apparently, is that if you disagree with him it MUST be political - not that his ideas are BAD ideas, or that his method of achieving his goals are BAD... nope, must be political.

Allan Mansoor spoke about a lack of responsiveness to his concerns.  He looked for more fiscal responsibility, more paved streets and less crime.  He looks for an improvement of the Quality of Life in the City.

Sandy Genis looked for a more responsive city government.  She hoped to see the city upgraded without destroying the character of the city.  She longed for the same old friendly Costa Mesa.

Katrina Foley spoke about the working families in the city, hoping to improve the communities without losing identities.  She spoke of maintaining the quaintness of the city.

Tom Hatch hoped that we can continue to improve and change the community while respecting the history.

Tammy Letourneau hoped the council and staff will be able to work together toward common goals.

Following those presentations a few of the council members observed that any of those ideals could be adopted.

THREE QUESTIONS
Perkins then led a discussion revolving around three statements:

1 - What I need from fellow council members is...

2 - What I need from staff is... 

3 - What staff needs from council members is...

Each participant was asked to address those issues briefly.  They responded with the following observations for Question #1:

• Genis - Establish norms - follow policies.  Mutual respect and we're all afraid of humor.
• Foley - Not have intentions presumed.  Have a sense of humor - which she observed, can be risky.
• Righeimer - The Brown Act is not human.
• Stephens - The council needs forgiveness going forward.
• Duarte - Mutual respect and communication collaboration.
• Mansoor - Politics is not funny.

In response to Question #2, above:

• Righeimer, smiling, said he needs the staff available 24/7.
• Genis said the staff should REALLY listen to requests from the council, and to appreciate the city's uniqueness.
• Foley she looked for the staff's willingness to make recommendations based on their best professional opinion and to anticipate the expected consequences.  She asked them to consider issues as though they lived in the city.  "What would they want as residents?"
• Stephens said, "Don't let me screw up!"
• Mansoor agreed with Foley - that the staff should give an opinion even if the council doesn't want to hear it - and said they should "read our minds" - with a smile on his face.

In response to Question 3, above: (this discussion went on for quite awhile, back and forth)

• Mansoor said the council should "own our decisions - don't put everything off on staff".  He also said they should be respectful of the staff's time and not monopolize it.
• Foley said the council should provide a "clarity of communications".
• Stephens said "Patience".  He also said the expression of sincere appreciation for the work done. 
• Hatch observed that serving five council members was like ordering one pizza and trying to find something that each one will like.  It's their goal to equally support every council member.
• Stephens replied to that statement that it's virtually impossible to support equally simultaneously.
• Genis said sometimes you feel you have to push harder - kick and scream - to get some staff time.
• Foley observed that it goes back to political divisiveness, and spoke about a new process using Google Docs to help each council member be aware of the things the staff is working on for them.
• Righeimer observed that "we killed the 4 hour rule" - which surprised others, since that rule is still in effect.  What he may have meant was that he and his majority just ignored it in the recent past.
• Foley observed that we need more part time staffers to help with the workload.
• Stephens suggested more communication among council members to help prioritize their staff time needs.
• Foley spoke of the "enormous" volume of community requests, stating it was just a matter of trust between the community and council.
• Righeimer acknowledged that sometimes he doesn't really need all the information that he requests if it's going to put a burden on the staff.  Good grief!
• Hatch observed about the large number of community requests.
• Righeimer said Costa Mesa is unusual - that other cities don't have that number of community requests.  His tone was consistent with his views that community activists are a nuisance - his actions trying to quash their participation demonstrated that very clearly.
• Hatch affirmed that if a council member asks for a follow-up to a community member's request, they - the staff - WILL followup.
• Mansoor said he wants to be as responsive to the public as possible.  He also said he'd like to think we're better than other cities.
• Hatch said we have lots of new ideas and that they're trying to run a lean organization.

The discussions went on and on...

• Righeimer observed that Costa Mesa is NOT quaint - it's Newport Beach's backyard.
• Foley said we ARE unique in Orange County.
• Stephens observed that we have a unique mix of Residential, Heavy commercial and Industrial - a diversity that we should embrace, not vilify.  He said he freaks out when he's in South County, where every community looks exactly the same.
• Hatch observed that the volume of work they do is much greater than in most cities.
• Righeimer cited the Brown Act as an impediment.  (Big surprise there!  He tries to work around it every chance he gets!)
• Foley observed televising Study Sessions would be a problem.
• Righeimer blamed the media and blogs (Uh, that would be little old me, thank you very much) for reporting what goes on.  Good grief!
• Perkins observed that folks should have some humanity.  "It's possible to disagree without being disagreeable."
• Perkins observed about the value of a professional, highly trained staff.
• Foley observed that we have to train them!
• Hatch said the employment environment is tough.
• Stephens suggested they all read the staff reports and give a heads-up to staffers if they expect to ask for clarification or more information - not to surprise them during meetings.
• Perkins spoke of introverts/extroverts and the need to develop staffers based on their individual strengths and weaknesses.
• Foley observed about the "no surprises rule". 

LOOKING FOR NORMS
Perkins had met with each of the participants earlier and prepared the following summation of information from those meetings, to compare to the comments and suggestions coming out of this group gathering.  They were remarkably similar.

FOOD!
About this time - 6:00 p.m. -  they broke for a lovely buffet meal and I headed for Vanguard University.  I must observe, though, that - at least for the time I was present - I could see a change in tenor between the council members and staff.  I saw the seeds of improvement.  They apparently enjoyed the food and continued the discussions until after 8 p.m.

PRIORITIES
I subsequently spoke with community members who remained, and with Mayor Katrina Foley and others about the meeting.  Foley told me they ended up with five priorities:
1 - The new Library/Lions Park project, which is underway.
2 - Creating a safe community, and just beyond more police officers, firefighters and code enforcement officers.  They meant that EVERY city department has ways to contribute to making the city safer and those opportunities will be examined.
3 - Dealing with the problem of Homelessness in our city.
4 - Dealing with Sober Living Homes - some of which is related to the Homelessness issue.  New revisions to the ordinances are pending and will be presented to the Planning Commission for review soon.
5 - Maintain Fiscal Responsibility, addressing all the elements that are involved.

WILL IT PAY OFF?  WE'LL KNOW SOON...
So, we shall see if this exercise pays off.  Will the apparent rancor between council members subside?  Will future study sessions yield better decisions?  Some have griped about the cost of the offsite venue.  We're talking peanuts here - and being physically away from City Hall was essential for this process to have a chance to work.  We'll know soon enough.

A Taste Of What's To Come

A STRANGE MEETING
The Costa Mesa City Council met last night and this meeting may have given us a little taste of what's to come after the new council is seated.  In many ways, this was a very strange meeting - it even ended fairly early, for goodness sake!

PLAYING "WHERE'S GARY?"
As anticipated, termed-out lame duck councilman Gary Monahan didn't show up last night.  I doubt we'll see him again on the dais since he's basically checked-out following the receipt of the Mayor's Award a couple meetings ago.

MENSINGER CLEARLY ON THE WAY OUT
Mayor Steve Mensinger, apparently nursing a cold or suffering from some other affliction that made his nose run, was clearly off his game and, since he's usually off his game anyhow, it really showed last night.  He is not a good loser.  He told us he only has a couple more meetings and I found my cheeks hurting from smiling.

WHO IS THAT GUY?
Mayor Pro Tem Jim Righeimer was strangely concilliatory - nary a single rant was heard from him all night.  I kept looking up at my television screen to be sure I'd tuned into the right channel.  I suppose he thinks folks will forget all about his dictatorial demeanor over the past almost six years when he and Allan Mansoor are on the short end of 3-2 votes starting next year.  HA!  As if!

SMILIN' A LOT
Katrina Foley fought off - with only limited success - the temptation to gloat about the election.  It became clear as the night wore on that she expects changes to happen once the new council is seated.  Most council watchers will not be surprised if LOTS of stuff changes after the first of the year.

STUDY SESSIONS AGAIN?
One of the things referred to was "Study Sessions" - something that was abandoned by Righeimer/Mensinger/Monahan because they'd already made up their minds on important issues and didn't see the need to waste time on a study session.  I suspect we'll see Study Sessions reinstated quickly.  Both Foley and Sandra Genis - who appears to be the top vote-getter in the recent election - mentioned issues they wished to discuss in a study session before the end of the year.

ESTANCIA HIGH SCHOOL SISTER CITY PRESENTATION
OK, let's talk about the meeting itself.  It began with Mensinger honoring the Estancia High School Sister-City program and recognizing the students who participated in that program.  It was nice.

PUBLIC COMMENTS
Eighteen (18) people spoke during Public Comments and many of their comments evoked applause from the audience, which, in turn, evoked anger from Mensinger.  He threatened several times to call a break in the meeting and/or have the violators hauled out of the chambers by the Sergeant-at-Arms.  One of the speakers, Anna Vrska, politely reminded him that applause is a free speech activity protected by Federal law, and urged him to use caution.  She reminded him of the Benito Acosta affair, which cost the City hundreds of thousands of dollars and cause there to be a change in the Municipal Code permitting "insolence".

Several speakers called for Civility, including Robin Leffler, who brought a visual aid with her.

Sue Lester, a less-frequent visitor to the speaker's podium in recent months, returned with a quickly-spoken call for civility and expressing joy that the majority was broken up by the election because it could/should result in more thoughtful consideration of issues.  It was good to see her back.

Mary Spadoni congratulated the members of the public who participated in the grassroots effort that got Genis and John Stephens elected and got Measures Y and AA passed.  She also took a backhanded swipe at political king-maker, consultant Dave Ellis, for his ham-handed attacks on the Costa Mesa public safety personnel during this election cycle.  She suggested that may be what turned the tide throughout the city.

Flo Martin provided an entertaining reading of a recent NextDoor thread that bemoaned the increase in traffic and vehicle speed throughout town and closed with "We need more cops!"

Dr. Richard Mehren was the final speaker and he praised all the folks who helped get Measure AA passed and protect Fairview Park from development.  He then launched into a short condemnation of the recent election, citing the slanderous flyers that circulated through the city against the citizens.  He received much applause, causing Mensinger to almost lose his temper - again.

RIGHEIMER
During Councilmember Comments Righeimer praised the St. John The Baptist Church/School - his girls attend that school - for their Veterans Day celebration.  He then commented on the recent election, referring at first to the national, state and local races.  Commenting on the changes the election will bring about, he said, "The public decides the direction they want the city to go.... and so, you take those cues from where it's at because how politics works is culture happens first, politics happens second."  He congratulated the winners in the campaign and praised the folks who didn't win for running good campaigns.  He said he's still going to vote the way he wants to vote, but pledged to listen to his colleagues on the dais during deliberations.

MENSINGER
Mensinger congratulated the winners and Jay Humphrey for a good campaign.  He praised the staff.  He managed to mangle his attempt to praise the folks who disagree with him, saying, "We don't always disagree but I think, in our hearts, we all have the same objective and the same goal and that's to make our city a better city and we all live here together."

FOLEY
Foley asked the audience to raise their hands if they are eligible to vote, then asked them to raise their hands if they voted.  She didn't tell us the result of that exercise, but did exhort all to vote.  She spoke about the Veterans Heroes Hall celebration last Friday.  She spoke about the collaboration between the Home Tour on December 1st and the Heroes Hall.   She praised Flo Martin for her presentation on speeding/traffic.  She asked CEO Tom Hatch to look into scheduling a study session if all council members are available on December 20th to begin contemplating the integration of Measure Y.

GENIS
Genis thanked all the volunteers for their election activities, regardless which side they participated on.  She spoke of the Veterans Day celebration and observed that we need to do much more for our veterans.  She asked for a Study Session soon - before the first of the year - to initiate a General Plan amendment to roll back the overlays on Newport and Harbor Boulevards.  This is how it begins. She cited the meeting in 2009 when the OC Fairgrounds was up for sale and they stopped it.  She observed it as an example as what can happen when residents work together.  She reminded us of the Halecrest Chili Cook-Off on Saturday at Halecrest Park.

CEO REPORT
Hatch had no report.

CONSENT CALENDAR
Items 2, 5, 6, 7 and 8 were pulled from the Consent Calendar for separate discussion.

CONSTRUCTION CODES
Public Hearing #1, the amendment of the Municpal Code to conform with state codes.  Consultant Sherri Vander Duessen, as interim Assistant Development Director, made the presentation.  This presentation took only three minutes and was passed, 4-0.

SORTING OUT "HOLIDAY"
Next up was the controversial Holiday lounge on West 19th Street, pulled for review by Genis.  Senior Planner Mel Lee made the presentation.  During the Public Comments segment Chuck Perry praised the place; Mary Spadoni asked for a way to cede time for other speakers.  She then asked Mensinger if he had a conflict that would require recusal and cited contributors.  She also called into question the participation of Righeimer and Monahan (absent).

Before other speakers could address the council Mensinger asked for a clarification about his eligibility to participate.  He consulted with Contract City Attorney Tom Duarte.  After about five minutes of conversation they took a break.  When they returned it was determined that Mensinger did, in fact, have a conflict and he recused himself from further discussion on this issue.

Wendy Leece continued the public comments, observing competing interests - reviving the Arts on the Westside and quality of life of Westside residents.

CHAN LETS IT RIP!
Steve Chan, who lives nearby to this site and who has been the tip of the spear on this issue, spoke next.  He first contested the way the recusal was handled, observing that Mensinger's comments on the issue BEFORE his recusal may have been inappropriate.  He then cited the infringement of his rights of peaceful enjoyment of their property because of the late-night noise which violates state laws.  He asks for abatement of the nuisance.

CONTINUED UNTIL JANUARY 3, 2017
Foley,  observing that there were still many more speakers in the audience and citing the multitude of issues, including a sound study they just received a few minutes before, asked to continue the issue until there is a full council.  It was decided to select January 3rd, when there will be a full council.  She made the motion, which passed, 3-0.

STORAGE ON BRISTOL
Old Business #1, was the second reading of an ordinance for a self-storage at 375 Bristol.  There was no discussion and no public comments and the item passed, 4-0.  It took one minute.

OLD LOS ANGELES TIMES PROPERTY
Old Business #2, the second reading of the ordinance for the old Los Angeles Times property on Sunflower.  There was no discussion and no comments and this also passed, 4-0.  It took one minute.

FORD ROAD SELF-STORAGE
Next up was New Business #1, the General Plan Screening for a proposed Self-Storage facility on both sides of Ford Road at the corner of Newport Boulevard.  During the discussion both Righeimer and Mensinger commented on the stubbornness of the property owner, who "kept jacking up the price" whenever a project was presented.   The Floor Area Ratio (FAR) gave all the council members heartburn.  One member of the public, Ford Road resident Judy Ann Smith, who cited many of the transient-related problems at that location and explained that 21 residents of Ford Road oppose the project.  After a short discussion the proposal was rejected.

AN INTERESTING REMINDER
As a sidebar here, during the above discussion reference was made to an event four years ago when the council met with residents on Ford Road to address problems.  Some will recall the curious situation that precipitated that visit by council members, the Police Chief - Tom Gazsi - CEO Hatch and other staffers at the time.  At the council meeting the night before, following a complaint by several members of the Ford Road community, Righeimer commanded the Chief, Hatch and others to meet at Ford Road at 3 p.m. the next day to meet with the neighbors.  I thought at the time it was an unprecedented and curious command.  Following that meeting - at which not much was accomplished - Mensinger and Righeimer decamped to Gary Monahan's pub.  Then the whole "Chris Lanzillo" affair commenced which resulted in a lawsuit being filed a year later that is still pending.  Just in case you forgot about this situation...

MORE SOBECA DEVELOPMENT
Next up was New Business #2, the Urban Master Plan Screening for a mixed-use development - The Plant - in the SoBECA area.  This involves a re-purposing of existing buildings and adds 48 dwelling units, including some live/work units.  Several members of the public spoke, including the husband and wife team of Rick Huffman and Cynthia McDonald, who live close to the proposed development.  Parking was the major concern for most of the speakers.  All thought the concept was interesting and typical of a project proposed by Shaheen Sadeghi, the developer of The Lab and The Camp.  The developer was sent away with instructions to address the parking issue and to engage in more community outreach.

ITEMS PULLED FROM THE CONSENT CALENDAR
Item #2, the Warrant was pulled but the person didn't stick around.  The item passed, 4-0.

MESA VERDE MEDIANS
Item #5, deals with the re-landscaping of the medians in Mesa Verde and generated a lengthy conversation dealing with the types of plantings being proposed and complaints from council members that it appeared that Mesa Verde - where Mensinger and Righeimer live - seem to get all the expensive infrastructure improvements at the expense of other parts of town - like the Westside, for example.  A community meeting was held and only 20 people showed up to hear and discuss the project earlier this year.  During the discussion, in which council members expressed an interest in scaling down the plantings to save money. Robin Leffler, who has special expertise in plantings, spoke about that meeting, citing the limited discussion which was controlled by only a couple of people.  Righeimer was flummoxed by what he saw as an attempt to revisit this entire project and said, "We just had an election.  Things are gonna change.  I got it.  But I think it's not a good idea for people to start overturning everything as they go, especially a budgeted, funded and ready to go to construction project.  I think that is, uh, I don't know.  I don't think it's a good idea."

CONTINUED TO DECEMBER 5TH
The solution was to continue the item until December 5th, at which time staff will bring back what could be done as a change order to the project as proposed.  The plan would be for the council to then vote on this expenditure as-is if they're happy with the proposed change order (s) which may save some money.

PROPERTY LINE DISPUTE
Item #6, is a final tract map for a development on the Eastside in an area that was annexed from the County of Orange not too long ago.  The resident who pulled it is in a tug-of-war with the developer, Melia Homes, regarding the property line between their properties.  It was resolved by having the staff agree to provide a document that appears to be missing to satisfy the property owner's surveyor.  Geez!

INCREASED FUNDING FOR LAW FIRM
Item #7, an increase in the contract with Best, Best and Krieger, was pulled by Genis to try to figure out why we're spending money on another outside law firm instead of it being handled by our Contract City Attorney.  When asked about it Hatch admitted they used this firm because they specialize in the issues involved, and that they could do with less than the  $75,000 requested - we could do $30,000.  Assistant to the CEO Dan Baker provided a further explanation.  Wendy Leece spoke to this issue.  Foley asked to delay this vote because of an anticipated review of our legal processes by the new council.  She moved to hear it at the second meeting in January.  It passed, 4-0.  I suspect Duarte found that particular exchange to be VERY interesting.

CONTRACT COST FOR VANDER DUESSEN
Item #8, the increase in the contract for Kimley-Horn and Associates for the services of Sherri Vander Duessen as interim Assistant Development Services Director to an amount not to exceed $499,999.00 through next June, was passed.  Foley emphasized the need for this position to become an inside position.  Mensinger asked for a report on how these costs compare to an employee with pension burden applied.  A parting shot at greedy city employees and their darn pensions!