Friday, March 13, 2020

Costa Mesa Girds For The Coronavirus War



PREPARATIONS FOR WAR
Like many cities and states and the federal government, Costa Mesa continues to prepare for the war against the COVID-19 pandemic.
SLAMMING THE DOOR AT THE FAIRVIEW DEVELOPMENTAL CENTER
The first battle began when the City, in the person of Mayor Katrina Foley, sued the state and federal government to stop them from depositing persons infected with the COVID-19 virus at the Fairview Developmental Center, right in the heart of Costa Mesa.  That particular skirmish was won by the City when the federal government officials advised that they would not pursue placing infected persons from the Diamond Princess at the FDC.  Round 1...

EMERGENCY MEETING ON FRIDAY, THE 13TH
Late today, Friday the 13th of March, 2020, the City announced a special Emergency City Council meeting, to be held at 5:00 p.m. in City Council Chambers, then adjourning to a Closed Session in Conference Room 5A.  The council reconvened in the chambers nearly two hours later to take votes on the two items on the agenda.  You can read that agenda report HERE.

CHANGING THE CODE - CREATING THE TEAM
The first item on the agenda dealt with an Urgency Ordinance, changing the section of the Municipal Code relating to Emergency Preparedness, Organization and Coordination that had not been amended since 1980.  You can read that staff report HERE.  Perhaps the most interesting part of this issue is the proposed ordinance that was voted on tonight.  You can read the full text of the ordinance HERE.
COSTA MESA DISASTER COUNCIL CREATED
I encourage each of you to read this ordinance, which passed on a 7-0 vote tonight.  There are many interesting, provocative and controversial elements that are worth your attention.
COMPOSITION OF THE DISASTER COUNCIL
1 - On page 2 of the ordinance, under Section 6-3, the Costa Mesa Disaster Council is created.  City Manager Lori Ann Farrell Harrison, in her role acting as the Director of Emergency Services, is designated as Chair of the Council.   Emergency Services Administrator Jason Dempsey will be designated as Assistant Director of Emergency Services and will act as Vice Chair.  Department Directors are designated as member of this council.  The final group to become part of this council will be "Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility as may be appointed by the director or assistant director or city council."
POWERS - "COMMANDEER EQUIPMENT" AND "COMMAND AID OF CITIZENS"
2 - On page 3, under Section 6-6, the Chair and Vice Chair are empowered to proclaim the existence of a local emergency, which must be ratified by the City Council within 7 days.  Section b states the following: "To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use. In so acquiring such property, the city waives no immunities and incurs no liabilities other than those at common law or those liabilities created by applicable state or federal law."  Section c states: "To require emergency services of any city officer or employee and to command the aid of as many citizens of this community as he or she deems necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers."

ONCE DECLARED IT JUST RUNS... AND RUNS... AND RUNS
Based on this ordinance, once a local emergency is declared and ratified, that designation runs until it is officially declared as over, without any kind of interim review by the City Council periodically.  This is a change from the earlier version of this ordinance.
PENALTIES
3 - On pages 4 and 5, under Section  6-9, punishment for offenses are clearly described.

RATIFICATION OF CITY MANAGER'S PROCLAMATION OF LOCAL EMERGENCY
The second item on the agenda was a fairly straightforward ratification of the proclamation issued earlier by the City Manager declaring the existence of a local emergency.  You can read that staff report HERE.  There are links at the end of the staff report that takes you to proclamations and declarations by the County of Orange and the State of California.
INADEQUATE NOTICE AND SEVERELY LIMITED SEATING
The notice of this meeting was not posted online until just after 2:30 p.m., hardly time for most interested residents to plan to attend.  Based on the image captured by Mayor Pro Tem John Stephens from the dais, there were only 3 people in the audience, and only one of those, Gary Parkin, spoke during the Public Comments section prior to the Closed Session.  And, the image clearly shows the "social distancing" efforts by the City Staff for attendees.  If this plan remains for future meetings, there will be seating for only about 30 members of the public and staff.  While I certainly understand the need for caution in light of the public health threat represented by the COVID-19 virus, Costa Mesans are active in local issues and the seating available will certainly result in stifling public participation on important issues.
NECESSARY ACTION IN THIS EMERGENCY
I am not unhappy that my City leaders are being so proactive in this public health emergency.  I'm glad they quashed the use of the Fairview Development Center for infected people - at least for now.  I'm happy they stepped up and made these Code changes and declared the local emergency.  I'm glad they created a management structure to oversee emergencies.  I just wish there had been a broader announcement of this meeting and a way for the public to participate.  This issue will be address at their next regular council meeting on Tuesday, March 17th, 2020.  There will be a chance for those few members of the public who find a seat in the chambers to address it, if they wish.
FASTEN YOUR SEATBELTS...
Our little world is changing very rapidly.  This is when true leadership becomes important, and we're seeing it today in my city.

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