On The Agenda

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Topping this week’s actions in local government, Seal Beach considers banning new electronic cigarette businesses, and members of Orange City Council set aside time for mystery discussion topics behind closed doors.

As e-cigarettes gain popularity, government agencies are considering whether and how to regulate them.

The latest local example is in Seal Beach, where council members are set to vote Monday on issuing a temporary moratorium on new permits for stores that sell the devices.

E-cigarettes vaporize liquid nicotine in various flavors and are being promoted by their manufacturers as an alternative to smoking tobacco.

City staff are using stark language in justifying an urgency ordinance on the issue, calling the unregulated operation of e-cigarette retailers “a current and immediate threat to the public health, safety, and welfare.”

The Orange City Council will allot time on Tuesday to discuss issues in closed session that aren’t specified on the agenda, which appears to conflict with the Ralph M. Brown Act.

The council’s agenda for Tuesday includes a closed session item:

b. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess unless the motion to recess indicates any of the matters will not be considered in Closed Session.

When it comes to council meetings, the Brown Act requires that “each item to be transacted or discussed in a closed session must be briefly described on an agenda for the meeting,” according to the California Attorney General’s office. “The description must be sufficient to provide interested persons with an understanding of the subject matter which will be considered.”

Monday, Aug. 26

Orange County Transportation Authority board of directors – 9 a.m.

Cypress City Council – 5:30 p.m.

  • Workshop on solid waste and recycling services competitive bidding process.
  • Approving a reimbursement agreement with Cypress School District for election and pre-planning costs related to the development of properties at 9470 Moody St. and 8721 Cypress Ave.

Closed Session

  • Discussion of Orange County Superior Court lawsuit Karla Ramirez and Mario Ramirez v. City of Cypress, et al.

Seal Beach City Council – 7 p.m.

  • Temporary ban on issuing any permits for electronic cigarette retailers, drug paraphernalia retailers, smoke shops and head shops.
  • Buying a $260,000 sewer vacuum truck from Municipal Maintenance Equipment.

Tuesday, Aug. 27

Garden Grove City Council – 6:30 p.m.

  • Approving a $2-million contract with Kana Pipeline for Lenore Street-Lampson Avenue sewer improvements.
  • Considering a proposal from the nonprofit Trung-Tam Van-Hoa Hong-Bang to host the Tet Festival in Garden Grove.

Orange City Council – 4:30 p.m.

  • Congressional update by Rep. Loretta Sanchez, D-Santa Ana.
  • Accepting resignation of William Cathcart from the Planning Commission and post vacancy notice.
  • Discussing city treasurer vacancy.
  • Reviewing the Public Health Goals Report for 2010, 2011 and 2012, which details the presence of contaminants in the drinking water supply detected at levels above the state’s public health goals.
  • Adding a neighborhood permit parking program for both sides of Cully Drive from the western property lines of 861 and 864 West Cully Drive to the cul-de-sac.

Closed Session

  • Discussion or action of unspecified “such other matters as are orally announced by the City Attorney, City Manager, or City Council prior to such recess.”

Buena Park City Council Adjourned Meeting – 4 p.m.

Closed Session

  • Discussion of property negotiations with Scott Riordan, City and Ryan Ahe, City Ventures LLC. over various properties on Orangethorpe, Stanton, Indiana and Page avenues.

Laguna Hills City Council – 7 p.m.

Villa Park City Council – 7 p.m.

  • Orange County Sheriff’s Department update.
  • Considering changes to City Hall staffing.
  • Approving an estimated $25,000 in upgrades to City Hall, including installing new carpet in the front office and council chambers, new paint and executive chairs in the council chambers and repairing the main sewer line in the public restrooms.

Wednesday, Aug. 28

Westminster City Council – 7 p.m.

  • Recognizing the sponsors of the Mayor’s Ball.
  • Approving a final parcel map for demolishing an existing single-family home at 14101 Pacific Ave. and developing four condominium units, without mentioning whether the city conducted an environmental review per the California Environmental Quality Act.
  • Awarding a $438,000 contract to Macadee Electrical Construction for constructing a traffic signal at Newland and 15th streets and modifying traffic signal at McFadden Avenue and Ward Street.

Adam Elmahrek, Brendan Wiles and Thy Vo contributed to this report.

You can reach Nick Gerda at ngerda@gmail.com, and follow him on Twitter: @nicholasgerda.

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On the Agenda

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Topping this week’s actions in local government, members of the Santa Ana City Council discuss the appointment of new City Manager David Cavazos, and Huntington Beach talks bicycles.

A special Santa Ana City Council meeting is set for Tuesday evening, when the recent appointment of Cavazos is up for discussion in closed session. Public comment will be taken beforehand.

Cavazos, whose contract takes effect Oct. 21, has raised eyebrows over his compensation package of more than $500,000 per year. He will also be receiving more than $130,000 in yearly pension payments from his recent retirement as Phoenix’s city manger.

Among his more controversial moves as Phoenix city manager, Cavazos proposed a food tax, which was passed on a 24-hour public notice, arguing that it was needed to avoid painful budget cuts, including layoffs of police officers.

Then within months of the food tax’s approval, Phoenix leaders granted employees nearly $29 million in promotions and raises. Cavazos also received a $78,000 pay raise while the food tax was still in place.

Others have praised his work in Phoenix, such as creating an efficiency task force they said has saved nearly $100 million annually through such initiatives as eliminating paper paychecks and rerouting waste water to cool the city’s power plant.

Also in Santa Ana on Tuesday, school board members are set to discuss appointing a new superintendent. Previous Superintendent Thelma Meléndez de Santa Ana’s retired after two years on the job.

And in Huntington Beach on Monday, the City Council will hold a study session on the draft bicycle master plan, which takes a comprehensive look at upgrading the city’s cycling infrastructure.

Members of the public are invited to comment on the plan before the council directs the city’s consultant to finalize it.

That council also plans to appoint new members to the city’s Children’s Needs Task Force, which exists to help ensure that “the needs of children will be included as a priority in all planning and policy decisions” by top city officials.

Here’s a rundown of agenda items this week across Orange County:

Monday, Aug. 19

Mission Viejo City Council — 6 p.m.

Huntington Beach City Council Study Session — 4 p.m.

  • Draft bicycle master plan.

Huntington Beach City Council — 6 p.m.

  • Approving appointments and reappointments to the Children’s Needs Task Force.
  • Awarding a $9.8-million construction contract to Vido Artukovich and Son Inc. and Vidmar Inc. for the Warner Avenue Gravity Sewer (WAGS) and Lift Station C replacement project.

Los Alamitos City Council — 6 p.m.

Rancho Santiago Community College District board of trustees — 4:30 p.m.

  • Setting a Sept. 9 date for a public hearing on the 2013-2014 proposed budget.
  • Appointing additional members to the Measure Q Citizens’ Bond Oversight Committee responsible for up to $198 million in repairs and construction at Santa Ana College.
  • Report from Chancellor Raúl Rodríguez and college presidents on accreditation.
  • Approving a one-year extension to state and federal lobbying contract with Townsend Public Affairs for $72,000 plus expenses.
  • Approving an agreement with the Sheraton Cerritos for the Los Angeles-Orange County Regional Consortia monthly meetings from September to December.
  • Amending contract with 2000 Chapman Inc. for leasing additional classroom space.

Tuesday, Aug. 20

Orange County Board of Supervisors (revisions) — 9:30 a.m.

  • Certifying that La Pata Avenue-Camino Del Rio extension project satisfies state environmental law and set contract bid opening for Oct. 23.
  • Amending transitional home contract with New Alternatives to no longer require a master’s degree for its program supervisor.
  • Approving contract with CalOptima to arrange and pay for behavioral health care services for Medi-Cal and Medicare beneficiaries.
  • Authorizing the sale of $120 million in bonds for Garden Grove Unified School District stemming from June 2010 voter approval of up to $250 million in bonds.
  • Selecting Reilly & Associates; Bickmore Risk Services; Scott & Whitehead; and Woodruff Spradlin & Smart to provide employment investigation services on an as-needed basis.
  • Transferring ownership of a warehouse at the former El Toro military base from the homeless service provider Community Action Partnership of Orange County back to county government.

Closed Session

  • Discussion of federal lawsuit by Deputy County Counsel Robert Ervais alleging that the county discriminates against military reserve members by passing them up for rightful promotions.
  • Discussion of the lawsuit California Department of Finance, et al. v. Jan Grimes.

Anaheim City Council Study Session — 3 p.m.

  • Quality rental housing program.

Anaheim City Council — 5 p.m.

  • A letter of understanding with the city’s firefighters union to allow fire engineers to downgrade to firefighters and work overtime at the fire engineer pay level.
  • A letter of understanding with the city’s general employees to change standards for determining seniority employment.
  • An ordinance to simplify the permit process for certain businesses, modifying development standards on single family home sites and requiring conditional use permits for office-based auto sales agencies.

Santa Ana City Council Special Meeting — 5:30 p.m.

  • Appointment and performance evaluation of city manager.
  • Labor negotiations with the city’s general employees group.

Fullerton City Council — 6:30 p.m.

Laguna Beach City Council — 6 p.m.

  • Rejecting a claim filed by Paula Lingelbach for $28,000.

Laguna Niguel City Council — 6 p.m.

  • Receiving a report on 2013 midyear crime statistics.

Santa Ana Unified School District Board of Education Special Meeting — 4:30 p.m.

  • Overview of the California Office of Reform Education (CORE).

Closed Session

  • Discussion of employment of Chief of School Police Services David Valentin.
  • Discussion of appointing a superintendent to succeed Thelma Meléndez de Santa Ana, who retired after two years on the job.

Irvine Unified School District Board of Education – 6:30 p.m.

  • Closed session discussion of property negotiations with The Irvine Company over property at Portola Springs, Planning Area 6 – Tract 16780, Lot 32.
  • Closed session performance evaluation of Superintendent Terry Walker.
  • Approving extension and unspecified revisions to Superintendent Terry Walker’s employment contract.
  • Changing board policy so that advisory votes by high school student representatives aren’t recorded in board meeting minutes and revising the number of student representatives.
  • Suspending part of the board’s school size policy to allow increased capacity at Stonegate and Woodbury elementary schools until new schools can be constructed.

Lake Forest City Council — 7 p.m.

  • Approving a zone change of commercial to residential to parts of the former Foothill Ranch Auto Center to allow for Brookfield Towne Center residential development.
  • Approving zoning changes, general plan amendments and development permits to parts of the former Foothill Ranch Auto Center to Trumark Cos. to allow for the development of 72 single-family residences known as The Paseos at Foothill Ranch.
  • Considering an appeal of the Planning Commission’s denial of liquor license to Muirlands Market, Deli, Wine & Spirits.

Fountain Valley City Council — 6 p.m.

  • Consider changing the municipal code to have 5 p.m. closed sessions and study sessions be part of the regular council meeting.
  • Consider a resolution implementing the provisions of the Patient Protection and Affordable Care Act, including determining employees who may be eligible for coverage because they work an average of 30 or more hours per week.
  • Approve an action to modify bidding procedure to limit proposals from pilot vendors for a $6.2-million project to replace water meters and the meter reading system citywide.
  • Consider proposed changes to the city’s standard public works agreement.

Placentia City Council — 5:30 p.m.

  • Making appointments to fill vacancies on the Cultural Arts Commission, Financial Audit Oversight Committee, Heritage Festival Committee, Planning Commission, Recreation and Parks Commission, Traffic Safety Commission and Veterans Advisory 
Committee.

San Clemente City Council — 6 p.m.

  • Approving a minimum $2,500-per-month lease with Surf N’ Turf Paradiso to develop a miniature golf course on one acre of city land at Vista Hermosa Sports Park.

Brea City Council Study Session — 5:45 p.m.

  • 5:45 p.m. study session on Imperial Highway Greenbelt Improvement concept plans.

Brea City Council – 7 p.m.

  • Approving an $18,000 contract with with Deloitte Consulting to create a preliminary plan to consolidate and share police dispatch operations with cities of Buena Park, Fullerton, La Habra and Placentia.

La Habra City Council — 6:30 p.m.

  • Approving a $24,500 cost-share contract with the city of Brea, which includes a 15% contingency for professional consulting services for a preliminary implementation plan to consolidate police dispatch operations.

La Palma City Council — 7 p.m.

  • Study session on midyear review of 2013 City Council goals.
  • Authorizing the recruitment and hiring of two senior recreation leaders and four recreation leaders.

Closed Session

  • Performance evaluation of City Manager Ellen Volmert.

Wednesday, Aug. 21

Coast Community College District board of trustees — 6 p.m.

  • Adopting a policy to prohibit salary and retirement spiking.
  • Reviewing the board’s code of ethics for district trustees.
  • Approving an education contract with the San Diego County district attorney for the specialized investigator basic course.
  • Approving employment agreements for Golden West College deans of student life and enrollment management and interim dean of instruction.
  • Authorizing the Orange County treasurer to close the Measure C bond program.

Closed Session

  • Discussion of anticipated lawsuits involving construction delays at Golden West College and a dispute with the Puente Hills Habitat Preservation Authority.

Thursday, Aug. 22

Anaheim Union High School District board of trustees — 6 p.m.

  • Directing staff on whether to change to a residency-based election system and expand the board from five to seven members.
  • Approving various student organizations, including Raising Student Voice and Participation (Kennedy High School) and Vietnamese-American High School Alliance (Oxford Academy).
  • Accepting a $10,000 grant from the Seeds of Change organization to support the Cypress High School Friendship Garden.

Closed Session

  • Discussion of disciplining or firing an undisclosed district employee.
  • Discussion of expected litigation about a “special education matter.”

Adam Elmahrek, Brendan Wiles and Thy Vo contributed to this report.

You can reach Nick Gerda at ngerda@gmail.com, and follow him on Twitter: @nicholasgerda.

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On The Agenda

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Topping this week’s actions in local government, Newport Beach votes on whether to restrict protests near homes, and Garden Grove decides on an ambitious housing project.

The Newport Beach City Council is set Monday to adopt a ban on protesting on public sidewalks within 300 feet of a home that is the subject of the protest.

City staff say increases in protests in front of homes “interfere with a person’s right to privacy in their home, as well as their right to the enjoyment of tranquility, well-being and sense of security in their home.”

It’s unclear whether enforcing the ban on peaceful demonstrations would lead to First Amendment challenges. City staff say the courts have ruled that such protests “aren’t entitled to a high level of First Amendment protection,” though no specific rulings are cited.

Staff also point out that other cities such as Los Angeles and Riverside have adopted similar laws.

On Tuesday, the Garden Grove City Council is set to sign off on a development agreement with Brandywine Homes, which wants to build 18 single-family homes on two acres along Katella Avenue.

Instead of preparing an environmental impact report, the council is set to approve a mitigated negative declaration, because, staff said, “the project cannot, or will not, have a significant effect on the environment.”

The city didn’t attach to the online agenda item the mitigated negative declaration documents, which would detail foreseen impacts on parking or from demolishing existing buildings.

Garden Grove council members are also set to start issuing bonds to help finance a $42-million payment to the developer of a water park hotel rather than wait until the hotel opens in a year or two.

Under its contract with the city, the Great Wolf Resort’s developer, McWhinney Enterprises, is supposed to receive the payment 30 days after the hotel opens.

City staff stated that interest rates are expected to rise, so “it makes good financial sense to now fund and escrow the $42 million Water Park Hotel [developer agreement] recognized enforceable obligation, rather than funding it in 18 to 24 months when the hotel is expected to open.”

It’s unclear from the staff report whether this move paves the way for the developer to receive the money at an earlier date.

Here’s a rundown of what’s up for debate this week across Orange County:

Monday, Aug. 12

Orange County Transportation Authority Board of Directors – 9 a.m.

  • Bikeways regional planning update.
  • Contract with KOA Corporation to develop bikeways strategy for supervisorial District 5 in South Orange County.
  • A call for projects for the bicycle corridor improvement plan.
  • ACCESS transition services update.
  • Interstate 405 improvement project update.

Newport Beach City Council Study Session – 4:30 p.m.

Newport Beach City Council – 7 p.m.

  • Prohibiting protests within 300 feet of a home that is the subject of the protest.
  • Approving a one-year exclusive negotiating agreement over future redevelopment of the former City Hall complex with Olson Real Estate Group, which wants to develop a 130-room boutique hotel and spa.
  • At the request of Councilman Ed Selich, directing staff to bring back an agenda item on lowering or eliminating business taxes for real estate agents affiliated with larger real estate brokerages.
  • Approving an ordinance amending the Harbor Commission’s purpose and responsibilities.
  • Adopting a memorandum of understanding with the Association of Newport Beach Ocean Lifeguards projected to cost $40,300 this fiscal year.

Cypress City Council – 5:30 p.m.

Los Alamitos City Council and Cable Television Commission Special Joint Meeting – 5 p.m.

  • Discussing two proposals for equipment and Los Alamitos TV funding.

Seal Beach City Council – 6 p.m.

  • Adopting a resolution opposing a project to add toll lanes to the Interstate 405 freeway

Closed Session

  • Property negotiations over 900-A Ocean Ave. with Enthiace LLC and MDK.
  • Discussion of ongoing lawsuit against Ruby’s Diner.

Tuesday, Aug. 13

Orange County Board of Supervisors – 9:30 a.m. (Revisions)

  • Approving a $1.1-million contract with the State Water Resources Control Board for regulating cleanup of leaking underground storage tanks.
  • Selection of BonTerra Consulting as the primary architect-engineer firm for preparing an affordable housing implementation program environmental impact report for the Ranch Plan Planned Community.
  • Approving formal response to the grand jury report “Detention Facilities Report: (Part II Juvenile) How Do We Know If We Are Taking Care of Our At-Risk Juveniles?”

Closed session

  • Discussion of worker’s compensation case involving Leroy Miller (Case no. ADJ4702574).

Anaheim City Council Workshop – 3 p.m.

  • Homelessness update.

Anaheim City Council – 5 p.m.

  • Amending a contract with the Anaheim Chamber of Commerce to administer the city’s enterprise zone now that the state has eliminated the program.
  • Simplifying the process to obtain business permits, while also implementing a conditional use permit requirement for office-based auto-sales agencies.
  • Adjusting fire prevention fees.
  • Labor agreement between the city and International Brotherhood of Electrical Workers, Local 47, authorizing $10,000 in bonus payments to certain employees.
  • Contract with Growth Opportunities through Athletics, Learning & Service for a graffiti education and intervention program.

Irvine City Council – 5 p.m.

Garden Grove City Council – 6 p.m.

Fountain Valley City Council Special Meeting – 4:30 p.m.

  • Public hearing to consider a permit to establish Paparazzi Restaurant and Hookah Cafe located at 8780 Warner Ave., Suites 15 and 16.

Orange City Council – 4:30 p.m.

  • Approving a $27,500 contract with Triton Technology Solutions, Inc. to replace the council chambers video system, including installing at least four high-definition cameras.
  • Extending a 2010 contract with Major League Softball to maintain sports fields at city parks at a price of $77,500 through fiscal year 2014.
  • Purchasing a police dog for $8,400 from Adlerhorst International.

Buena Park City Council – 5 p.m.

  • Approving a one-year, $164,000 contract extension with Aegis ITS for traffic signal maintenance.

Laguna Niguel City Council Special Meeting – 2 p.m.

Closed Session

  • Discussion of appointing a new chief of police services.
  • Discussion of lawsuit against Laguna Health, Bolding Health and Jason Bolding.

Stanton City Council – 6 p.m.

  • Creating a towing fee and rotational tow list.
  • Directing staff on creating a community garden, including where to locate it.

Adam Elmahrek, Brendan Wiles and Thy Vo contributed to this report.

You can reach Nick Gerda at ngerda@gmail.com, and follow him on Twitter: @nicholasgerda.

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On The Agenda

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Topping this week’s public meeting agendas in Orange County is an employment package in Santa Ana to hire David Cavazos, city manager of Phoenix, to be city manager in Santa Ana.

Cavazos’ appointment comes after a tumultuous period for the city’s leadership.

After longtime former City Manager Dave Ream retired in 2011, council members and Mayor Miguel Pulido haggled behind closed doors for months regarding his replacement. They eventually settled on former Police Chief Paul Walters, Pulido’s preferred candidate, after Pulido lined up enough votes to make the appointment.

But after Walters was credited with pulling the city from the brink of bankruptcy, council members grew increasingly unhappy with their decision to back Pulido’s candidate. A struggle ensued between the council majority and Pulido for power over the city’s bureaucracy, and the majority ousted Walters earlier this year.

Huntington Beach is scheduled to consider revising its alcohol laws in the wake of a riot after the U.S. Open of Surfing competition and opposing a confidentiality agreement between the Orange County Water District and Poseidon Resources to study a desalination plant for the city.

In Fullerton, the City Council will consider precluding future council members from joining the California Public Employees Retirement System.

Santa Ana City Council, Monday, Aug. 5, at 5:45 p.m.

  • Economic development agreement with IPC to relocate and operate in Santa Ana.
  • Agreement with David Cavazos to be city manager.
  • Zoning ordinance to allow emergency housing shelters.
  • Request for qualifications to develop Third Street and Broadway parking structure.
  • Request for qualifications for renovation and reuse of Y.M.C.A. property.
  • Contract in the amount of $1.7 million with Correctional Managed Care Medical Corp. to provide inmate medical services at the Santa Ana Jail.

Huntington Beach City Council, Monday, Aug. 5, at 6 p.m.

  • Changing the city’s alcohol laws in the wake of a riot at the U.S. Open of Surfing competition.
  • A letter opposing entering into a confidentiality agreement between the Orange County Water District and Poseidon Resources to study the economic feasibility of a seawater desalination plant in the city.

Fullerton City Council, Tuesday, Aug. 6, at 6:30 p.m.

  • Forbidding future City Council members from joining the California Public Employees Retirement System.

Garden Grove City Council special meeting, Tuesday, Aug. 6, at 6:30 p.m.

  • Consideration of placing on the Aug. 13 agenda three resolutions to designate the Korean Business District, Little Saigon and Grove District as honorary city landmarks.

Aliso Viejo City Council, Wednesday, Aug. 8, at 7 p.m.

Laguna Beach City Council, Tuesday, Aug. 6, at 6 p.m.

  • Approving a two-year contract with Townsend Public Affairs for lobbying services for $120,000.
  • Approving an ordinance that would make electronic cigarettes subject to the same regulations and prohibitions as regular tobacco cigarettes.

Lake Forest City Council, Tuesday, Aug. 6, at 7 p.m.

  • Approving a 3 percent salary increase for City Manager Robert Dunek to $247,876.

Voice of OC interns Thy Vo and Brendan Wiles contributed to this report.

Please contact Adam Elmahrek directly at aelmahrek@voiceofoc.org and follow him on Twitter: twitter.com/adamelmahrek

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