440 Fair Drive Project Withdrawn - And More...

MORE FUN
The Costa Mesa City Council met again on Tuesday night for the next installment of this iteration of a new council majority.

CLOSED SESSION COMMENTS
Prior to moving to the Closed Session at 4:00 p.m. two members of the public spoke on one of the issues to be discussed - Yellowstone v. City of Costa Mesa.  One member stated that the City should NOT settle that case, and referred to an earlier case with Solid Landings.  The other person, Grant McNiff, read a prepared statement in support of Yellowstone.

440 FAIR DRIVE WITHDRAWN!
When the open session commenced about 6:15 - a little later than planned, Mayor Katrina Foley announced that Public Hearing item #2 involving a development at 440 Fair Drive has been withdrawn by the applicant. The crowd applauded.  Later, during Public Comments, a College Park resident asked if this was gone for good, to which Foley replied that if the developer intends to propose a new project at that site he would have to start from scratch.  Most of the College Park residents present bailed out at that time with smiles on their faces.  A few remained to speak to the issue.

CIVIC CENTER BARRIO SUIT TO BE DISMISSED
Contract City Attorney Tom Duarte advised that the council had voted, 4-0-1, with Sandra Genis abstaining, to dismiss the suit with Civic Center Barrio.

SISTER CITY PROGRAM
Following the Costa Mesa Minute there was a presentation about the sister city program with Wyndham, Australia.  Newport Harbor High School Principal Sean Bolton introduced the program and the Australian participants.

PUBLIC COMMENTS
During Public Comments sixteen speakers addressed issues with the council.  Among them were:

PARK FEES?
Dan Goldmann addressed his view that the recreation facilities have not kept up with the population increase. He wants to know what the city plans to do to relieve this problem.  How are developer Park Fees used?

PARKING PERMITS
Linda Kean complained about parking on Coolidge and adjacent streets.  She was concerned about permit parking fees and the impacts on apartment tenants.

440 FAIR DRIVE GONE, PERIOD!
Tamar Goldmann asked about the 440 Fair Drive Project withdrawal.

MORE CONTROL IN FAIRVIEW PARK AND TALBERT NATURE RESERVE
Kim Hendricks asked to have Consent Calendar #5 pulled, and thanked the staff for putting up signs to prohibit access to parts of Fairview Park because the burrowing owls are back.  She also addressed sober living rejects in Talbert Nature Reserve and wondered whether it is possible to more tightly regulate their presence into designated areas?

OPEN SPACE AND PARKING
Gretchen Fry-Hardy (sp?) expressed concern about the recent developments.  She was concerned about rooftop decks replacing open space and adequate parking.

PROTECT OUR OPEN SPACES
An unidentified woman thanked the council for their actions, then showed a slide show about Fairview Park.

PUBLIC TOILETS
An unidentified woman referred to an article about the Costa Mesa Sanitary District's survey about adding public toilets throughout the city.  She supported it and wondered what the City Council felt about it.  She referred to a program in Portland as a successful remedy. 

FIGHTING SOBER LIVING HOMES
An unidentified woman stepped up and observed about the Yellowstone closed session issue, citing her opinion that the City could have won the Solid Landings case and the Yellowstone case is also worth fighting.  She, again, cited the bullying by the Sober Living Network. 2028 Fullerton was cited because it's supposed to be a woman-only facility - there are men there all the time.

GENERAL DEVELOPMENT ISSUES
Lee (?)  was going to address 440 Fair Drive, but spoke in more general terms.  He quoted parts of the General Plan, citing what happened at 440 Fair Drive as a problem.  He cited many of the problems with that project.

REFUND FEES FOR SUCCESSFUL APPEALS OF ISSUES
Mary Spadoni thanked the council for revisiting the start times for the meetings. She also asked that the council refund fees residents paid when appealing issues.

440 FAIR DRIVE
Denise Davis, a College Park resident, expressed gratitude for the Fairview Park video, then addressed the 440 Fair Drive issue again.  She reminded the council that, in 1999, the city was 97.3% built out, yet development continues.  She vowed to fight future developments.  She wondered about the traffic study that was to be conducted by Raja Sethuraman.  In response to Foley's inquiry, he said they are reviewing the data and will meet with residents.

440 FAIR DRIVE
A young woman addressed 440 Fair Drive.  She's a 2-year resident.  She said, "I enjoy making new friends but I don't like people".  She was concerned about development across the street (Harbor Blvd.) from the proposed 440 Fair Drive project. She said residents should do their homework, pull public records and get involved.

440 FAIR DRIVE
An unidentified man representing his elderly College Park resident mother thanked the developer for pulling the project.  He thanked Councilman John Stephens for meeting for outreach.  He thanked the residents for their enthusiasm.  He thanked Planning Staff for their hard work on the project.

COUNCIL DISSED COMMISSIONERS
Richard Russell thanked the council.  He's concerned that the council arbitrarily fired everyone on all the commissions.  He thought it wasn't a very good way to handle it.  He hoped the council would give the outgoing commissioners a little more pride.

55 FREEWAY LANDSCAPE MAINTENANCE AND SMALL LOT ORDINANCE
Beth Refakes expressed concern for landscape maintenance at the new terminus of the 55 Freeway.  She also asked that the Small Lot Ordinance be reviewed.

BANNING RANCH UPDATE
Steve Ray, Executive Director of the Banning Ranch Conservancy, reported on the status of the Banning Ranch development.  He reported on the State Supreme Court hearing on the issue.  Decision is due around the April 1st.  Hopes to stop development of Banning Ranch.  Citizen involvement, like 440 Fair Drive, is what makes an impact in this kind of issue.  He provided a link to their website: Banningranchconservancy.org.

SPEEDING CARS ON FAIR DRIVE
Peter Hill lives on Fair Drive and complained about the traffic speed.

COUNCIL MEMBER COMMENTS
Next came Council Member Comments, Reports and Suggestions.  You may recall that the council agreed to limit their comments during this segment to four (4) minutes and trail any other things they wished to speak about to the very end of the meeting.

JOHN STEPHENS
 Stephens spoke about attending the memorial service for recently-departed Jeff Arthur, Chair of the Pension Oversight Committee.  He mentioned that Councilman Righeimer and former Mayor Steve Mensinger spoke during the service.  He spoke about Fireworks and indicated he was having a meeting on February 9th in Council Chambers to take public input on the issue.  He asked City Manager Tom Hatch to schedule a Study Session to evaluate methods of paying down the Fire Side Fund, on which we pay interest at 7.5%.  He suggested perhaps floating a Bond, exchanging debt for debt, but at a lower rate.  Regarding Richard Russell's concern about the commissions, he said he hoped previous commissioners would apply, and that he knew some already had done so.  The deadline for applying is 5:00 today.  He also asked that the staff look at the possible need for a lighted crosswalk on Placentia at Shalimar.

JIM RIGHEIMER
After a brief mention of Jeff Arthur, not unexpectedly, Righeimer used his four minutes to badmouth employee unions and their pensions.  He went off on a vitriolic screed in which he, among other things, accused some of his peers of "being elected by the Fire Department."   He rejected Stephens' suggestion for a Bond for the Fire Side Fund, stating, "Do not put a mortgage on your house to pay off a credit card!" He went on and on and ended by saying, "I will be against anything that puts the full faith and credit of the City on the hook for pensions for people that don't even live in the city!"
Righeimer demonstrated, once again, his deep-seated hatred for public employees and their pensions.  Apparently, this is going to be his main focus for the next two years, when he is finally termed-out.  This screed was full of lies - he really has a problem with the truth, as we all know - and he fabricated issues later in the meeting, too.  If you thought he might be more conciliatory since he no longer controls the votes on the council you were very, very wrong.  If anything, he seems to be more strident and vindictive.  It's sad to watch his pathetic displays of petulance.

FOLEY REMINDER - RIGHEIMER BLOWS ANOTHER GASKET
Foley reminded the council that they should avoid stating positions on issues when responding to residents questions/comments for fear of disqualifying themselves from future discussions and violating the Brown Act.  Righeimer went nuts but failed to turn on his microphone so we couldn't hear his rant.  Foley finally had to pound her gavel in an attempt to shut him up.

ALLAN MANSOOR
Mansoor almost said nothing, then defended Righeimer's "right" to address issues.

KATRINA FOLEY
Foley said she intended to adjourn the meeting in honor of Werner Escher, spokesman for South Coast Plaza for decades.  She mentioned the recent dedication of the Argyros Plaza and asked Hatch to investigate the parking issues on Coolidge and the trash/landscape maintenance on the 55 Freeway.  She also mentioned the burrowing owl at Fairview Park and wondered about ways to further protect that habitat when they are present.  She asked for a Study Session on the Fire Side Fund and also addressed the Commission issue, stating that "we just wanted a change."

SANDRA GENIS 
Genis expressed interest in revisiting the Small Lot Ordinance and the Overlays on Harbor and Newport Boulevards.  She also asked to have the appeal fee question revisited and wondered about the Master Plan of Parks.

CONSENT CALENDAR
Items 5, 6 and 7 were pulled for separate discussion.  The council passed the remainder, 5-0. 

STORM DRAIN EASEMENT FOR TALBERT PARK

Item #5.  Talbert Park Drainage.  Kim Hendricks pulled this item, but was absent.  Jay Humphrey spoke on her behalf regarding concern for runoff in the Talbert Nature Reserve.  No comment about who will monitor this issue.  Public Services Director Raja Sethuraman told the council that we are already monitoring this issue.  Passed, 5-0

19TH STREET PROJECT
A member of the public pulled item #6, East 19th Street Safe Route To School Project.  She said this is not going to help 19th Street.  It will result in cut through traffic on Costa Mesa Street and others.  She said this is not appropriate for this street.  She addressed other problematic recent decisions, like the metal structure planned for Pinkley Park.

Beth Refakes also spoke to the project.  She expressed concerned that it winds up like Broadway, which had a similar project completed.  Chokers on Broadway create problems.  This will shift traffic to other streets.  She encouraged    the council to focus on surrounding streets, too.

Ralph Taboada, a member of the Bike Committee, spoke on this issue.  He expressed concern because 19th Street is a narrow street and was worried about it being a bike route.  He wondered about another street that might be more appropriate.

Mary Spadoni also expressed concern about this project.  "Broadway is a disaster."  It would create another street that is not navigable.  Eastside doesn't need anymore of these.

Genis expressed concern about the project and the irony of calling this a Safe Route To Schools project.  She wondered about the landscape pallete for this project.  She would like to see something done comprehensively - more attention by the Parks and Recreation Commission.

Sethuraman addressed the Broadway project, indicating that it accomplished exactly what they wanted to achieve - slow traffic and cut accidents to zero.  Used that plant palatte for 19th Street.  He mentioned public meetings.  He spoke about the success of the plantings on Broadway, citing a walk with residents recently.  He cited traffic volume - almost 11,000 cars a day at Fullerton.  He said the small chokers at the corners will bring the speeds down.

Righeimer moved to pass the project.  Mansoor seconded it.

Stephens expressed concern that he didn't have enough project detail and wondered how much time we had to consider this before the grant funding would be lost.  Sethuraman didn't have a date on the funding, although he did state that we had a short window.  After a long back and forth discussion among councilmembers and Sethuraman Stephens offered a substitute motion, to send this issue back to the Bike and Walkability Committee for their consideration/input.  Righeimer again went nuts.  When the vote was taken it passed, 3-2, with Righeimer and Mansoor voting NO.  It is still unclear as I type this whether there actually is enough time for the Bike Committee to consider this and return it to the council for action without putting the funding in jeopardy.

BRISTOL STREET PROJECTS
Genis pulled item #7 which was the consolidation of several projects along Bristol Street involving medians, paving, storm drains, signal installation and Delhi Channel diversion.  Following a short discussion the councl passed it, 5-0.

WIND SPEED CODE
Public Hearing #1, the 2016 California Residential Code Wind Speed Revision, took less time to hear and vote on than it took me to type this.  It passed, 5-0, in less than a minute.

440 FAIR DRIVE - GONE!
Public Hearing #2 was the aforementioned 440 Fair Drive project, which had been withdrawn.

NAME CHANGE
Old Business #1, the second reading of the change of the CEO and Assistant CEO titles back to City Manager and Assistant City Manager also took less than a minute to hear and vote upon.  It passed, 4-1, with Mansoor voting NO.

WEST 19TH STREET BIKE TRAIL
Old Business #2, the West 19th Street Bike Trail Project, was supposed to be a quick item - an amendment to the Professional Services Agreement with Dudek for Environmental Services in the amount of $155,977.  It wasn't.  It took nearly an hour!  Six (6) members of the public spoke on this issue.

Eleanor Egan said she's against paving in the park and expressed concern about the heavy truck traffic that will result.

Rick Huffman, a member of the Bike Committee, said his committee has not heard this part of the project and suggested that it be put off until they can study it and report to the council.  He also was concerned that other related agencies have not indicated if they are on board with this project, since it is entirely within Talbert Nature Reserve.  He wondered why Costa Mesa is the lead agency on it.

Cindy Black showed slides of the current condition in Talbert.  She cited a probable conflict of interest since Dudek worked for the Newport Banning Ranch outfit that planned to develop that property.  She cited illegal foliage removal along the Banning Ranch fence line.  She said there is no public outcry for this project.

 Jay Humphrey cited the value of this native habitat and expressed the opinion that the concrete road planned would do irreparable damage to the park.

 Steve Ray, Executive Director of the Banning Ranch Conservancy, said it's not appropriate for a bike trail because it's a wetlands - and referred to Black's images.  He was concerned about disrupting fragile habitat and said we should work with other agencies before spending the money.

Ralph Taboada, also a member of the Bike Committee, was concerned about spending the money before other agencies opined on the project.  He also was concerned about the endangered species.  He suggested this be presented to the Bike Committee for review and report back to the council.

RIGHEIMER - "YOU'RE LOOKING LIKE A BUNCH OF KOOKS!"
This took about 30 minutes, at which time Righeimer took the floor.  He began by saying he was going to be nice - then wasn't.  He said to the speakers, "You're looking like a bunch of kooks!"  He almost, but not quite, said, "I'm up to here with the goodie two..."  It sounded like he meant to derisively say "goodie two shoes", but as sometimes is the case, his alleged brain shorts out and he fails to complete sentences.  Keep in mind here that he was addressing Egan, a former Planning Commissioner; Huffman and Taboada, appointed members of the City Bikeways and Walkability Committee; Jay Humphrey, former city councilman; Steve Ray, who heads an organization which has successfully (so far) fended off development of the Banning Ranch and environmental activist Cindy Black.  These are people who have dedicated large parts of their lives to Costa Mesa.  He snarled at Ray from the dais that he lived in Newport Beach and his wetlands became Balboa Island - whatever that was supposed to mean.  Once again, we saw the mean-spirited developer in action, snearing and vilifying anyone who disagreed with him and his "pave over everything" attitude.  One might have hoped that he would have learned something from this past election, where the voters overwhelmingly rejected his plans to overbuild the city by passing Measure Y by more than 68% and voted to protect Fairview Park from development of any kind by passing Measure AA by an even greater margin - 70.9%.  No, he didn't learn a thing.  He still blathers on and on - I think he used the word "bloviate" to describe his style at the last council meeting - chiding those who disagree with him.  The problem for him now is that he doesn't have the votes.  Important decisions will now be made by ALL the council members - much to his chagrin.  I suggest that he consider resigning for his own mental well-being.  He's done enough damage to the city.

The other councilmembers also spoke.  Stephens inquired about the dollars from the representative of Dudek.  Genis said she "would like to see something that sits more lightly on the land.", expressing concern for the concrete roadway that would be wide enough for large trucks.

Eventually, almost an hour after beginning this discussion, the council passed it, 5-0.

MOBILE RECREATION PROGRAM
At almost 9:30 p.m. the discussion began on the possible resurrection of the Mobile Recreation Program, which had used a retired SWAT vehicle in the past to provide mobile recreation opportunities throughout the community until budget constraints caused the program to be placed on hiatus.  Recreation Manager Justin Martin led this discussion.

THE VAN?  THE STAFF?
Stephens wondered about the van necessary for this program.  The SWAT van is long-gone, apparently.  He discussed options with Martin, including the licensing of staff necessary if, for example, a former transport van is used. 

WHERE'S THE VAN?
Eleanor Egan reminded us that when this program was put into suspended animation the van, with more than $80,000 worth of improvements, was mothballed.  She wondered where it is and why it could not be restored for use.

FUNDING, INCLUDING SPONSORSHIP
City Manager Tom Hatch, in response to questions, indicated that if the council approves this program, he would bring back funding options, including some sponsorship opportunities.

STAFFING
In response to Mansoor's question, Martin indicated the program would be staffed entirely with part-time recreation workers, who would report to full-time staffers.  Mansoor also questioned whether this should have priority over, for example, repaving the TeWinkle Park parking lot.

GREAT COMMUNITY ASSET
Foley opined that this had been a very positive program in the past, serving an underserved segment of our population with great results.

PASSED
Eventually the council voted, 4-1, to proceed.  Mansoor voted NO.

MANSOOR'S BAGGAGE
Keep in mind that this program has served a big chunk of the growing minority community in our city.  During his last tour on the council Mansoor was clearly anti-immigrant - he will say anti-illegal immigrant - to the point where he was being accused, with some validity, of being an out-and-out racist.  The fact that he didn't support this project didn't surprise me at all - it's consistent with his behavior in the past.  It's very sad for us all that we will now have to deal with that baggage for the next four years.

AND, THEN THERE'S RIGHEIMER...
Former Mayor Jim Righeimer continues to demonstrate his nasty, vindictive side week after week.  He's a petulant, small man, used to having the power to have his own way.  Clearly, he has a real problem playing with others.  In school you might make him go stand in the corner.  His behavior is something we will just have to expect for the next couple years.  Please remember when you see him speak that he's truth-challenged - a man declared by a court decision to be a liar.  You'll become more and more aware of that trait as you fact-check his comments.  It's quite sad for our city.

ADJOURNED FOR A WEEK
At 9:40 Foley adjourned the meeting in memory of Werner Escher.  The next meeting will be a special meeting on January 24th at which candidates for various commission openings will be vetted.  Remember, the deadline for applying for a position on the Planning, Parks and Recreation and Senior Commissions is at 5:00 p.m. today!  You can do it online, so get with it!

First Council Meeting Of The Year is Memorable

MEMORABLE - FOR MANY REASONS
The first Costa Mesa City Council meeting of the year was memorable for many reasons.  To read more about what I anticipated about this meeting earlier go HERE.  You can watch the streaming video of the meeting HERE.  Be sure to use the "jump to" feature below the screen to jump to subjects you may be interested in if you don't want to sit through almost six and a half hours.

"NEW" RIGHEIMER?  NAH!
Before we launch off on the details of the meeting(s), let me cut right to the chase.  If you expected this new council configuration to produce harmony on the dais, you were wrong, wrong, wrong.  It didn't take long for Jim Righeimer to further demonstrate that he's a lying, maniuplative, conniving, carpetbagging, public employee-hating political hack.  We'll talk about that later as we go through this post.

 

MORE MATURE, POLISHED MANSOOR?  NAH!
And, if you thought Allan Mansoor's return would present us with a more mature,  more polished from his time in Sacramento, less combative and more intelligent presence on the dais, you were wrong again.  What we have is an older, but not any smarter, version of what he was before.  And, he showed us a willingness to engage in disrespectful sparring - an honest-to-God shouting match, for goodness sake - with Mayor Katrina Foley in a return to years past when the two of them jousted on the dais at almost every meeting.  So, as the proliferation of 3-2 votes last night demonstrated, it's going to be a very contentious couple of years.

CLOSED SESSION
At 3:30 p.m. three of the council members - Mayor Katrina Foley and members John Stephens and Allan Mansoor - met to launch the extraordinary closed session in which an astounding ten (10) items would be addressed.  Mayor Pro Tem Sandra Genis arrived 10 minutes later.

PUBLIC CRITICISM OF YELLOWSTONE RECOVERY
During Public Comments for the Closed Session a member of the public stepped up and encouraged the council to NOT settle anything with Yellowstone Recovery, one of the issues on the agenda. This member of the public is a long-time recovery home watcher and may be the most knowledgeable person in town on this issue.  She described the operator of this organization, Dr. Honey, as the "worst operator in the city", and described many examples of why she feels that way, dealing with "curbing" - tossing failed clients out onto the streets with their belongings in plastic bags - was only one example.

NO RIGHEIMER
Genis arrived as City Clerk Brenda Green read the ten items into the agenda, then the four members attending - Jim Righeimer was absent - adjourned to Conference Room 5A for the closed session.

CLOSED SESSION REPORT
When the council finally surfaced following the Closed Session it was late - the meeting was called to order just after 6:00 p.m. instead of the scheduled time of 5:45.  Contract City Attorney Tom Duarte reported out from the Closed Session on only one of the ten items - Item #6, existing litigation between the City of Costa Mesa and the Kennedy Commission -
indicating that the City Council provided direction authorizing dismissal of Costa Mesa's pending appeal.  The main legal action remains active and will proceed in Superior Court.

PUBLIC COMMENTS
During Public Comments fourteen (14) people spoke to the council on a variety of issues.

Cindy Black expressed pleasure on the seating of the new council, then reminded everyone that the Banning Ranch issue will be heard today, Wednesday, by the California Supreme Court and will be live streamed beginning at 8:45 a.m.  The Banning Ranch issue was to be the first item on the agenda.

Gary Parkin reminded the council of the $229 million unfunded pension liability that exists and urges caution when planning on spending money.

Sue Lester asked for the council to bring back the idea of an Ethics Policy, which was rejected by previous councils.  She cited the need for standards to be established.

Georgette Quinn spoke to the problem of the incessant dredging in the Santa Ana River near the Westside.  It has been interfering with sleep by residents on both sides of the river. 

Susan Shaw asked that consideration be given to implementing the Rescue Ambulance program, getting rid of CARE Ambulance Service.

Wendy Leece reitereated the problem with the the dredging in the Santa Ana River and provided contact numbers.

Jay Humphrey addressed John Stephens' plan for illegal fireworks and also told the council about a problem with car carriers blocking sidewalks and bike lanes on Merrimac unloading vehicles during peak "to school" traffic times.  He also complained about the lack of the promised "green wall" at the same car dealership - part of the condition of approval given to the dealership for their recent renovation.

Mary Spadoni thanked all for their contributions to the custom dog cookies to fund Standing Rock Health Programs.  More fundraiser efforts are coming.

Robin Leffler thanked the council, observed that speaker cards are valuable to the staff for creation of minutes.  She asked for consideration to bring back the ABLE helicopter program and also the acquisition of K9 teams for the CMPD.

Tamar Goldmann thanked the new council and Foley in particular.  She observed that her absence at future meetings should be interpreted as a vote of confidence in their ability to handle the job.  She observed a need for an objective study of real parking needs in the city.  She cited "resident only" parking plans that are damaging the fabric of the community.  She also asked for a moratorium on variances, citing the impact of the Small Lot Ordinance.

Kark Ahlf spoke on illegal fireworks.

An unidentified person also talked about New Years Resolutions -  getting rid of the Small Lot Ordinance, the bogus voting district plan and the need for a moratorium on Sober Living Homes - a legal pause - because she didn't think we knew what we're doing.  She also asked to have Dr. Phil stop advertising Costa Mesa as a Sober Living haven?  She also referred to Leffler's comment about the K9 Units, citing - with a playful glance at Righeimer - that dogs don't get pensions.

Ralph Taboada also addressed finances - the budget surplus and suggested more being allocated to paying down the unfunded pension liability.  Recent CalPERS decisions will dramatically increase the City's contribution.  He also recommended re-direction of funds from the library fund to Fire Station #1 so it might be totally self-funded.

An unidentified person asked for some help for the residents to learn to navigate through the city web site, suggesting coordination with the Senior Center publication, The Chronicle.  She cited the need for inclusiveness.

COUNCIL MEMBER COMMENTS

 GENIS
Sandy Genis led off the Councilmembers Comments segment.  She began by calling for inclusiveness, then addressed Jay Humphrey's concern about car carriers.  She also told us that she's planning a workshop on infrastructure - to gather input from the public on what they want to see in the way of needed infrastructure improvements.

STEPHENS
Rookie councilman John Stephens was up next and opened with an observation of the recent article in the Los Angeles Times on the City of El Monte and their pension situation, which was exacerbated and facilitated by a lack of public participation and awareness.  He thanked the audience for their participation, observing that it could never happen that way in Costa Mesa today.  He also addressed the illegal fireworks issue, stating that there will soon be a meeting - a public outreach event - to address that very subject.  He observed that Snoopy House was awesome, thanked the staff for their efforts.  He also asked Hatch about the costs involved in putting that event together.  He also spoke about working with our various attorneys to provide more information on on-going and pending litigation.  He also expressed interest in a Rose Parade Float.

RIGHEIMER
He said he's glad to be here and glad to be working with this new council, but threw cold water on the idea that all the problems will be solved.  He mentioned the El Monte article, then launched off onto a screed about our retirees.  He observed that our top five retirees get more than $200,000 per year, but his list included some under that number.  That's OK... facts don't count with him... only his opinion counts.  He told us we have 100 people getting more than $100,000 a year in pensions, and that we have more retirees than we have employees on the payroll.  Gee, how odd that a 60 year-old city would have more retirees than employees - especially since he and his gang of marauders have systematically chopped the city staff for the past almost 6 years!  What a hypocrite!  He then said this city council got elected because the union did a lot of their work to get elected.  That drew murmurs from the crowd.  He quoted people who "told him" about encounters with firefighters at their doors during the campaign who "basically said you're not safe".  In response to the comment above about the K9 unit not getting a pension, he launched into a screed about the handler getting more money for managing the dog and that money is pensionable.  He then told us that libraries are not a problem because we have a big budget and we can afford those kind of things.  No, he told us, the problem is full time employees that have pensions we cannot afford.  He said it won't get solved by throwing a few million here and a few million there at the problem.  He said we need to get everybody in a room, including the people getting the checks, to discuss it, otherwise it won't get solved.  He said, "I will say this uncategorically, nobody, nobody who works in government should have a $200.000 pension check - period!" He reminds me of those kids in junior high school who would look around the shower room enviously thinking, "Gee, I wish mine was like that!"  The man has a serious case of pension envy!

MANSOOR
Mansoor was up next.  He thanked everyone for coming out.  He asked Hatch to check on the dredging issue brought up earlier and the car carrier issue.  He offered to meet with anybody if they have problems navigating City Hall.  He also addressed the Pension issue.  He told folks they can do their own research.  He said he's glad he's able to respond directly to your comments right after you make them instead of you having to wait three or four hours.

FOLEY
Foley welcomed everyone, addressed the speaker cards - optional use.  She also said they're going to try to reserve the front row for folks who wish to speak during Public Comments.  She thanked the speakers for their respectful communication and looked forward to more.  She thanked the staff involved for the Snoopy House effort again this year.  She asked for suggestions for how to make Snoopy House better in the future.  She mentioned that we're going to be seeing a record year at South Coast Plaza this year - great for the city because of the sales tax revenue generated by that venue.  She also mentioned the recent announcement that the San Diego Chargers may be relocating to Costa Mesa.  We may know about that in a couple weeks.   She also commented that the "Transport Model" - the full utilization of the Rescue Ambulances - will be coming back to the council for consideration in the near future.  She apologized for the late start, indicating the large volume of items before the council now and during the rest of January.  She said "We'll be here every Tuesday night for the month of January."

HATCH
Hatch had no particular items to discuss during his time on the agenda, except to observe that his office has been working closely with the council members to determine their goals and dreams.  He also mentioned a new "tracking sheet", to help coordinate things that will take significant amounts of staff time.

FOLEY OFFICE HOURS
Foley also mentioned that she will be having "office hours" at City Hall from 10 a.m. - 12:00 p.m. beginning Friday the 13th.  Uh, oh!

CONSENT CALENDAR
Two items were pulled from the Consent Calendar - Items 3 and 4.  The remainder were passed on a 5-0 vote.

MARIJUANA URGENCY ORDINANCE
Public Hearing #1 is an Urgency Ordinance dealing with Marijuana.  Interim Development Services Director Jay Trevino presented this to the council.  The request will, if passed, give the staff time to determine how best to implement Prop. 64, passed on November 8th.  It requires a 4/5ths approval.  The council passed it, 5-0.  The staff will return on the February 8th meeting to ask for an extension so the issue can be fully vetted and proper procedures for the implementation of Prop. 64 can be created.

DE NOVO HEARING FOR "HOLIDAY"
At 7:11 p.m. the council began hearing Public Hearing #2, the de novo hearing about Holiday, the lounge/club on the Westside of town.  Much controversy has existed regarding noise bleeding into the neighborhoods adjacent to this location.  I mention the start time because it took until 9:54 p.m. for the discussion and considerations to finish and a vote taken on the issue.  I'll give you the shorthand version.  Following a staff report by Principal Planner Minoo Ashabi the applicant's representative, Karen Martin, and her team made a long, very detailed presentation.  They spoke about having had two sound firms dealing with the issue, the most recent of whom was Gary Hardesty, the man who worked the noise issues at the Pacific Amphitheater.

LONG HEARING
Twenty-eight people spoke on this issue - a dozen in support and the remainder against.  Among those speaking in favor of this operation was Tom Johnson, former Daily Pilot Publisher, current radio host and President of the Costa Mesa Chamber of Commerce.  The main opponent of this operation was resident Steve Chan, who lives closest. Following a long negotiation with the applicant, using Hardesty's expertise, the council finally voted to approve the request for live music with certain conditions - modification of hours of operation and a review in 6 months.  The vote was 4-1, with Righeimer voting no.  An interesting sidebar - during this nearly 3 hour discussion he said not a single word.  Methinks he may have been playing Angry Birds on his smart phone.  Foley called for a break and they reconvened at 10:06.

DON'T BLINK!  TRAFFIC IMPACT FEES
Public Hearing #3 is the consideration of the current Citywide Traffic Impact Fees, which have not changed for eleven years.  Interim Public Services Director Raja Sethuraman guided the discussion, which included public input from resident Rick Huffman, who wondered why we've never seen comparisons on what other cities charge, the council approved the measure - to retain the current rate of $181 per Average Daily Trip, but asked for a study to be done to include other cities programs.  The whole thing took four minutes.

CHANGING CEO TO CITY MANAGER
New Business #1, a new ordinance amending the city codes to change the title of CEO and Assistant CEO to City Manager and Assistant City Manager.  Ashley Garcia of the City Manager's office made the presentation.  Four members of the public spoke on this.  Jay Humphrey thanked Foley from bringing it forward.  Beth Refakes wondered how much it will cost.  Robin Leffler applauded the change, citing that it was appropriate and that returning the title to City Manager more clearly describes the job.  Karl Ahlf also supported the move.  Foley asked Garcia about the costs.. the number was nebulous - she said less than $5,000.  Further discussion determined it was probably closer to $2,000.  Jim Righeimer spoke against it - no surprise there, since this stupid "CEO" idea was his in the first place.  He gave a "little history", which was a rehash of his philosophy that got us this mistake in the first place.  The poor, pathetic guy just doesn't know how to operate when he doesn't have guaranteed votes on his side.  The council passed the resolution on a 3-2 vote - Mansoor joined Righeimer voting no.

CHANGING THE ORDER OF BUSINESS
Next came New Business #2, which changes the order of the way business is handled during City Council meetings.  This change is overdue and corrects the onerous policies of the previous administration which effectively stifles public comments.  It changes the start times for Closed Sessions to 4:00 p.m. and the regular council meetings at 6:00 p.m.  Five members of the public spoke to this issue, all of whom supported it.  There were no public speakers against the change.
Karl Ahlf, Steve Chan, Beth Refakes, Jay Humphrey and an unidentified woman all supported it.  Chan asked if, and when, it is appropriate for a member of the public to present a challenge to a council member being recused from the discussion of an issue.  Refakes was concerned about having residents wait until the end to hear a response from the council to their earlier comments.

MANSOOR MOVES...
Mansoor moved that the item be approved except that the Council Comments should immediately follow Public Comments - like is it now. 

...RIGHEIMER SECONDS, THEN BLOVIATES (HIS WORD)
Righeimer seconded Mansoor's motion, then gave "a little history" - blaming the change to place the Consent Calendar items at the end on - ta, da! - the unions!  He said they pulled every single item during negotiations so he - his majority - retaliated by moving all pulled items to the end of the meeting.  What a petty, vindictive jerk he is!  And, of course, what he said is NOT TRUE!  He then went on to say "That's not gonna happen any more because this majority will give the public employees whatever they want."  Then he went on about the Public Comments, indicating that it was changed to trail commentors to the end after 6:40 p.m. because all people did was stand there and give critical comments.  He then said, "That's not gonna happen anymore.  I'm not worried.  People in TV Land can't see this right now, but it's pretty sparse in here already tonight.. But, clearly, and the mayor's basically said it, she wants to silence the minority here.  She's saying that I want you to speak at midnight."  Well, the plan was for ALL council members to speak at the end of the meeting - not just this whiny buffoon and his not-too-bright sidekick.  He went on to read a letter for loser Al Melone - the guy who finished dead last in the most recent election.  It was pathetic!

A COMPROMISE WAS STRUCK
Eventually a compromise was reached.  Council Comments will continue to follow Public Comments at the beginning of the meeting, but individual council members will be limited to four (4) minutes at that time.  They will also have a time at the end of the meeting to expound at length on any subject they wish.  CEO and City Attorney comments will be trailed to the end of the meeting.  It passed, 5-0.

 SWEEPING THE COMMISSIONS
At 10:45 they began to discuss New Business #3, the Release of Commissioners from the Planning, Parks and Recreation and Senior Commissions and a recruitment will be conducted to fill those positions from January 4th to January 18th.  A special meetings on January 24 and January 31st to interview and appoint new commissioners.  Sandy Genis asked Trevino if there were any items on the Planning Commission agenda that would be deemed approved if not heard soon.  The answer was no.

Nine members of the public spoke to this issue.

Steve Chan asked that the new districting scheme be considered during this process.

Rick Huffman suggested that it's an opportunity to get new blood from different parts of the city, while acknowledging that having some experience on the commissions is valuable.

Flo Martin disagreed with cleaning house, suggesting that the normal process should continue.

Beth Refakes had concerns about wiping the slate clean.  She presumed there would be staggered terms.  She said just let the ones expire in 2017.  She also questioned the need for a Senior Commission.

Gary Parkin, a member of the Senior Commission for two months, is concerned about "losing his job".

Robin Leffler thought a sweep of the commissions is a good idea.  She said it is traditional.  Current members can re-apply.  She observed that the last couple of cycles have been brutal, when the council majority made it clear that they were chosing sycophants.

Elaine Chan suggested that balance is best.

Cindy Brenneman agreed with the idea of starting over with the commissions.  She jousted with Righeimer, observing that he hand-picked his commissioners.  It's time to clean house.

Arlis Reynolds, a relative newcomer to council members, thought it was interesting.  She encouraged more engagement by residents.  She suggested an evaluation criteria.

Ralph Taboada agreed with Reynolds.  Get qualified people... a diversity of people, both in location and thought.

MANSOOR MOVES TO LET TERMS EXPIRE
Mansoor said it's important to have experienced people.  He said every council has a right to choose its commissioners.  He said it's unprecedented.  He moved to let the terms expire naturally.  Righeimer seconded.

Righeimer said that we're firing people.  He said he and Steve Mensinger met with everybody they didn't already know in the process.  He said there's no reason to wipe everybody off.

STEPHENS OFFERS SUBSTITUTE MOTION
Stephens said he won't support the motion.  He said let's "get the right people on the bus."  He said "I want the most qualified people."  He said we owe it to the community to open it up.  He wants a qualified, diverse group of commissioners.  He offered a substitute motion, to release the commissioners and council members can nominate up to 3 people from the pool of applicants, including current commissioners who wish to apply.  As mentioned above, there will be two special council meetings - on January 24th and January 31st - at which candidates will be interviewed and selected.  There will be NO commission meetings this month.  The item passed on a 3-2 vote, with Righeimer and Mansoor voting no.

KEEPING FIRE STATION #6 OPEN
New Business #4, Fire Station #6 and related staffing issues, was next up - at 11:35 p.m.!  Fire Chief Dan Stefano presented this issue.  The plan is to keep our newest, most modern, fire station - #6 - the Metro Station - open and operating without overtime.  The plan calls to staff it with three Fire Captains and three Firefighters.  Currently the CMFD has eight (8) openings.  This would create six more, for a total of 14.  Recruitment is a slow process today because of the demand for firefighters throughout the state and our region.  The three Fire Captain positions would be filled by internal promotions, leaving vacancies for three firefighters.  Much discussion revolved around hiring new firefighters under the PEPRA program - less lucrative than the classic program.  Stefano told the council it is unlikely there would be any recruitment of "classic" firefighters - that all the new ones would fall under PEPRA.

MORE RIGHEIMER ANTI-UNION CRAP
Not surprisingly, Righeimer fought this proposal, saying that it was "political payback" to the firefighters for supporting the new majority in the last election.  If I was Chief Stefano I'd be fuming right about now.  Once again, Righeimer demonstrates his hatred for public employees of any ilk.  Mansoor joined him in opposing the item, saying it should have been part of a Study Session.  Ah, but we haven't had a study session in years because Righeimer controlled all political thought in the city - until the last election.  Righeimer suggested that the Orange County Fire Authority should take over Fire Station #6.  He told Stefano it was a good thing he wasn't asking for 12 positions!  Again, we saw a pure jackass at work.  The council approved the proposal on a 3-2 vote - Righeimer and Mansoor voting no.  That vote was taken at 12:15 a.m. this morning!

CONSENT CALENDAR ITEMS
The trailed Consent Calendar items were heard at this time.  Item #3, the minutes, were sent back to the City Clerk to clarify the language in the minutes.  Resident Robin Leffler pulled it and suggested the language did not actually reflect what happened.  The minutes will be reviewed and returned.  Mansoor and Stephens abstained from the vote since they were not on the dais at the meeting.

The person who pulled Item #4 had left so the council passed it on a 5-0 vote.

LITIGATION LOG
In his report Contract City Attorney Duarte said there is a litigation log being prepared to help with transparency on legal issues currently being handled in the City.

The meeting was adjourned at 12:19 a.m. to January 17th.