ANOTHER MARATHON COUNCIL MEETING AHEAD

LOTS OF CONTROVERSIAL ITEMS ON THE AGENDA
The Costa Mesa City Council meets again on Tuesday, April 18, 2017 for what appears, based on the agenda report, HERE, to be another barn-burner of a meeting.  The public meeting begins at 6:00 p.m. and is preceded by a Closed Session at 4:00.  The Closed Session contains four (4) items - two labor negotiations with Fire staff and two items of existing litigation.  Those wishing to address the council on closed session items can present themselves before the council at 4:00 and have three minutes to speak on those issues.  Warning:  It's going to be a long night.

CONSENT CALENDAR
Following the Public Comments and Council Member Comments segments the council will consider the Consent Calendar - ten (10) items that might be considered on a single vote without separate discussion.  It's unlikely that will happen this time due to the nature of some of the items.

MORE BIG BUCKS SPENT
Item #2, HERE, is the Warrant Resolution #2575.  This one lists more than $3.6 million in expenditures.  As is usually the case, Legal Costs leads the way, accounting for more than $200,000.  Jones & Mayer accounts for $168,951.82; Liebert Cassidy Whitmore for $32,685.38 and Stradling Yocca Carlson & Rauth $11,311.00.

SELLING BOOZE AT THE SENIOR CENTER
Item #5, HERE,  is a request for Sale, Service and Consumption of Beer, Wine and Liquor beverages at the Senior Center. I know, images of tipsy seniors just flashed before your eyes, too.  I suspect there may be a few comments on this one.  Theoretically, this is just a temporary measure, while the Lions Park Project is being completed.  Again, I suspect we'll hear from some folks interested in this issue.

CANCEL JULY 4TH COUNCIL MEETING
Although it may not get pulled for discussion, Item #8, HERE, is a request from the City Manager's Office to cancel the regularly scheduled City Council meeting of July 4th.

YES... DO IT!
Item #9, HERE, is a request to replace an antiquated, non-functioning Fire Department Alerting System to the tune of $369,497.78.  I doubt anyone will pull this for discussion, but it's good to know that we may finally get a system that actually works.

APPROVING MANAGERS SALARIES AND BENEFITS
The first public hearing is the COIN ordinance second hearing for the new salary and benefit resolution between The City and the Costa Mesa Division Managers Association (CMDMA), unrepresented executives and confidential employees.  This won't take long.

CHANGING SOBER LIVING ORDINANCES
Public Hearing #2 is actually two hearings combined for discussion, HERE.  This is going to take some time because the Planning Commission massaged it with a virtual meat-axe during their hearing, so it will be interesting to see how the City Council responds to those recommendations.  The first amends the municipal code relating to group homes, residential care facilities and reasonable accommodation, and the second amends the code regarding operator's permits for group homes of seven and more located in the City's multi-family zones.  I expect this one to take a couple hours of discussion, comments and negotiation.  In a related matter, see New Business #4, below.

MEASURE X MEDICAL MARIJUANA PROCESSING FEES
Public Hearing #3, HERE, addresses the Fees to Process Applications for Medical Marijuana Businesses Allowed via Measure X.  You may recall my entry about the Stakeholder's Meeting recently on this subject.  Here's an exhibit that shows the proposed fee Schedules.  This one may generate some serious discussion by many of the proponents of the businesses proposed for that little section of town north of the 405 Freeway where such businesses are permitted.

URGENCY ORDINANCE FOR PEG FEES
New Business #1, HERE, is an Urgency Ordinance necessary for The City to be able to continue to collect a public, educational and government access fee (PEG Fee) from ATT.  It is possible that because the authorization for the collection of this fee expired 3/31/17, the city will be prohibited from continued collections unless and until it is re-authorized.

 NEW AMBULANCE MODEL PROPOSED - AGAIN
New Business #2, HERE, is the most recent iteration of Fire Chief Dan Stefano's plan for Ambulance Transportation in The City.  This issue has been batted around for several years, beginning with then Interim Chief Tom Arnold's first proposal.  This proposal asks the council to review and approve the updated option of the public/private partnership ambulance transportation model.  It also asks the council to authorize the City Manager to allocate an amount not to exceed $100,000 for the comprehensive administration and facilitation of the Request for Proposals (FRP) process for both the ambulance and billing services.  It also asks for the approval to annually utilize the billing rate structure that is consistent with those identified through the Orange County Health Care Agency EMS Policy and Procedures.

WHAT ABOUT DEPLOYMENT?
Here's my problem with this report... not enough specific data about how this new - and it appears to be new - proposal will impact staff deployment.  In the previous, two-year-old, report there were charts and graphs showing deployment models.  And, this model slices more than a half-million dollars of cost recovery money from the previous "Model #3".  While these questions and many more may be answered during Chief Stefano's presentation on Tuesday, it would be helpful if that information also appeared in the staff report.  And, the new Finance and Pension Advisory Committee DID NOT hear this report last week, even though it was on the agenda.  It seems to me that this subject required a Study Session environment during which council concerns could be fleshed out in a less formal setting before being brought to the council for a final approval.  We'll see how this plays out late in the agenda on Tuesday.

REINING IN ILLEGAL FIREWORKS - WITH MORE FIREWORKS
New Business #3, HERE, is rookie Councilman John Stephens' multi-pronged plan to mitigate the impact of illegal fireworks throughout the city over the Independence Day holiday.  It involves:

• A centrally-located July 4th Celebration at the Orange County Fair and Event Center.
• Allocation of $50,000 in new revenue and expenditures for FY 16/17 to cover event costs.
• A proactive campaign announcing the city will vigorously enforce the prohibition against illegal fireworks and seek a maximum penalty for such violations.
• No changes in current sale or discharge ordinances regarding safe and sane fireworks.

SAFER, LEGAL, FUN
I guess you could say the objective is to have a safer, legal holiday marking Independence Day while generating a more community-oriented major event at the Fairgrounds.  Stephens held a community forum on this issue recently, and the staff report includes a summary of comments from that event.

A LOT OF FLASH, NOT MUCH BANG
The staff report provides great detail of the event as Stephens perceives it, including the kind of entertainment and the kind of pyrotechnic - not concussive - display planned.  We're told there will be no "bombs bursting in air" - unlike what typically happens over several days in most of our neighborhoods in recent years.

IMPOSES MAXIMUM PENALTIES
And, the plan includes the imposition of a maximum penalty of $1,000 and/or six months in jail for the discharge of illegal fireworks - not the $150 fine that's been imposed in the past.

AVALANCHE OF WORK AWAITING PLANNING COMMISSION
New Business #4, HERE, presumes that the modifications to the municipal code regarding group homes mentioned in Public Hearing #2, above, will be approved.  This item remands back to the Planning Commission previous decisions for reconsideration.  It involves decisions involving:
2 Conditional Use Permits
4 Special Use Permits
1 Denial of a Conditional Use Permit
21 Applications for Reasonable Accommodation for CUPs
1 Special Use Permit back to the Director for Further Consideration

It's unclear what happens if the City Council does not follow through with the recommendations in Public Hearing #2.  The discussion will be lively on this issue.

TREVINO WAS RIGHT - PLANNING COMMISSIONERS NEED SOME REST
One thing is clear, though - we now know why Interim Development Services Director Jay Trevino admonished the Planning Commission at their last meeting to get some rest even though their next meeting will be canceled.

LETTER OPPOSING SENATE BILL 54 - LAW ENFORCEMENT DATA SHARING
New Business #5, HERE, is the final item on the agenda, which may actually be heard Wednesday morning.  This is a request by Councilman Allan Mansoor for the City of Costa Mesa to send a Letter of Opposition to SB 54, which involves repealing a segment of existing law involving sharing of data on certain offenders who may be subject to immigration enforcement action.  This bill is opposed by most major law enforcement organizations.  I'm not going to address whether I think this is a good bill or not - the text of the bill and an analysis is available as attachments to the staff report.  I do find it ironic that Mansoor, whose previous tour on the City Council was marked by controversy involving the Latino community in our City and who became the face of intolerance during that time, is the one putting this forward.  We'll see how this one goes.  

City Issues Another Reminder About July 4th Safety

ANOTHER OFFICIAL REMINDER
Today the City of Costa Mesa issued another press release regarding the need for safe activities over the July 4th holiday.

TRIPLE THE PAIN
This wonderful holiday has become a nightmare for many residents of our city, particularly those who own pets.  Instead of having to protect the pets from the noise and chaos of the so-called "safe and sane" fireworks being ignited on ONE night, they must endure this disruption for THREE nights - the 2nd, 3rd AND the 4th.  All for the sake of fundraising for youth groups in our city.  It's all about the kids, after all.  This year there will be 37 permits issued for fireworks stands around the city...

PLEASE BE SAFE!
So, I encourage you all to play nicely with your neighbors next week.  If you must spend hundreds of dollars on fireworks, please teach your kids a good lesson and use them safely.  Here's the latest press release.

CITY OF COSTA MESA PRESS RELEASE

City offers Independence Day safety tips and downloadable flyers about dangers of illegal fireworks

Posted Date: 6/23/2014

The City of Costa Mesa has made flyers that outline the dangers of and penalties for using illegal fireworks available online for residents and businesses to download (here in English and here in Spanish). The city will have additional public safety personnel on duty during the Fourth of July holiday to crackdown on those who discharge illegal fireworks.
Costa Mesa police and fire officials also offer these tips for a safe Independence Day celebration:

• Buy fireworks only at official fireworks stands. The local nonprofits sell only “Safe and Sane” fireworks that are approved for use by the city and that bear the State Fire Marshal’s Seal of Approval. Fireworks will be for sale from June 30 to July 3 from 10 a.m. to 10 p.m. and on July 4 from 9 a.m. to 9 p.m. to persons 18 years and older.
• Legal fireworks can only be discharged July 2 through July 4 from 4 to 10 p.m.
• Select and inspect your home display area in the daylight hours. Clear away debris and combustibles.
• The viewing area should be at least 20 feet away from the fireworks. 
• The display area should be out of the public right away and as close the curbside as possible. By keeping the display area out of the street, emergency vehicles can pass safely.
• Use a piece of drywall or sheetrock to protect pavement or grass area. 
• Have a water source, like the garden hose, nearby. Keep a water filled bucket ready for spent fireworks. Submerge the spent fireworks and allow for cooling completely before disposing in the trash receptacle. An adult must be present at all times during the discharge of fireworks. Be sure to close vehicle windows and doors to prevent vandalism or damage. 
• Since all storm drains lead to the ocean, fireworks should be cleared and disposed of so that they are not swept into the storm drain system. 
• Fireworks displays are not permitted in the city’s parks, any public parking lots or any area of school property. 
• Illegal fireworks are those that are purchased outside the state, over the Internet or from someone’s car or garage. 
• Selling illegal fireworks is a felony. 
• Possession of just one illegal firework is a misdemeanor and punishable by fine or imprisonment.
• Remember, if the firework leaves the ground and expels into the air, it is illegal in Costa Mesa. Please report those persons who are selling these kinds of fireworks – it could save someone from an injury or from the loss of property.

If you have questions about firework use in Costa Mesa, please contact the fire prevention office at (714) 327-7400 or to report active illegal firework use, please contact the Costa Mesa police at (714) 754-5252.

Brevity To Start The New Fiscal Year

HERE WE GO AGAIN...
The Costa Mesa City Council met for the first meeting of the new fiscal year Tuesday night.  You can read the agenda HERE.  I thought, because of that brief agenda, this meeting might finish very early.  Well, they didn't even get started until 6:45!  The closed session took a lot longer than anticipated.

SUING THE COUNTY
Big news from the closed session... the council has authorized a law suit against the County of Orange Department of Finance to attempt to get back the more than $10 million they took as a result of the closure of the Redevelopment Agency.  Watch those legal meters begin to spin again!  Good grief!

EMERGENCY OPERATIONS PLAN
Under the Council Members Comments section Sandy Genis emphasized the update of the Emergency Operations Plan, HERE.  She stressed the importance of this document.

LEECE COVERS THE GAMUT
Wendy Leece addressed the concern about the Poseidon Desalination Plan in Huntington Beach and the plan to run pipes through our city.  She also addressed the problems at the Volcom Skate Park.  Asked for consistent application of the law.  She also reinforced resident's concerns about the renewed plan for the I-405 expansion.  What's the plan?  She emphasized the need for community involvement on the General Plan Update.  The next meeting, on the 17th in the Emergency Operations Center, is on "circulation" within the city.  She addressed the Banning Ranch Conservancy proposal that Costa Mesa partner with them to save Banning Ranch.  She covered the fireworks issue for this long, long holiday explosion season.  She asked for an update on the Jones Day payment on the CMCEA lawsuit - we paid them over $17,000 last month.  She talked about the recent awards bestowed upon the city for the Neighborhood Improvement Task Force and for the Environmental Quality and Sustainability Award for the Fairview Park Wetlands project.  Good for us.

DEFENSIVE MAYOR
Mayor Jim Righeimer complains about criticism of its financial management.  He told us that most of the council members run their own businesses, hire and fire, etc.  He told us that "we may not be sexy, but we've got a lot of pavement and roads." He criticized people for "bringing up old issues."
He talked about the money on the Consent Calendar for a new dispatch system and the new equipment for the Fire Department to provide better coverage in the city.  He stressed this new plan will reduce four (4) firefighters per shift.  Addressing the Anniversary celebration, he said "Sometimes you just have to do what is good for the community."  He told us the council has done a good job of increasing our reserves and, predictably, again brought up a "quarter million dollars of unfunded pension liability".

MENSINGER WANTS TO DO THE CELEBRATION AGAIN NEXT YEAR!
At 8:00 Steve Mensinger addressed the 60th Anniversary Celebration and gave kudos to the organizers.  He wants to have a scaled-down version next year!  Good grief!  We lost our fannies on this one, so I guess we'll "make it up on volume"!  He attempted to remind us of the meaning of Independence Day.

HATCH
CEO Tom Hatch addressed enforcement at Volcom Skate Park, described as "things we wrestle with on a daily basis."  Some critics say we're too heavy handed, others say we're too lenient.   He stressed that staff is ready for the 4th - ready to enforce illegal fireworks prohibitions.   He complimented the Planning Staff for their booth at the 60th Anniversary Celebration, doing polling for the General Plan.


WHAT'S GARY UP TO?

When it came time to address the Consent Calendar - which EVERYBODY hoped would blow through without anything being pulled - Gary Monahan decided to pull the item on the Third Party Liability Claims Administration, HERE.  Curiously, Monahan used this to permit the second bidder on the proposal, Keenan, to make a pitch to the council.  Seldom does this happen and makes one wonder what brought this up?  This is not the first time Monahan has inserted him into the process of selecting an insurance vendor for the City.  The spokesman, a former politician representing Keenan, was pretty darn glib.  Wendy Leece asked staff how they arrived at their recommendation.  Lance Nakamoto emphasized that their more than two dozen years experience with the current vendor, Carl Warren and Company, has been excellent.  The President of Carl Warren, Mike Reed, addressed their partnership with the city and emphasized their charges.  He provided background on their experience with the City and responded to intense interrogation by Righeimer, Monahan and Mensinger.  Sandy Genis wondered why a flat fee was requested for this proposal.  The response was for ease of budgeting.  The CEO of Carl Warren added emphasis to their qualifications and stressed their goal to bringing down the total cost of risk.  Wendy Leece reinforced that Carl Warren is the low bidder by double.  She moved to approve Carl Warren and Genis seconded.  Monahan jumped in and practically accused this vendor of being "lazy".  He said we're missing the big picture if we focus on the contract amount.  Monahan offered a substitute motion for Keenan and Mensinger seconded it.  Righeimer said he won't support that motion.  That vote was defeated, 2-3.  Carl Warren was selected on a 4-1, with Monahan voting now.  Very curious.

THE EMERGENCY OPERATIONS PLAN
Steve Ray, now representing KOCI radio, pulled the Emergency Operations Plan, to announce that they are hoping to have a show about the plan - an hour long show to inform the residents.  He hoped to kick-off the community awareness of this document.  No date has been determined.  The item passed, 5-0.

CANCELLING THE AUGUST 20TH MEETING
Sandy Genis pulled the item about cancelling the August 20th council meeting.  She's concerned about balancing the content of the meetings.  She said she's not concerned about cancelling the meeting as long as the meeting before or after doesn't turn out to be "the meeting from hell".  A way, way too long discussion ensued about the length of meetings.  Genis and Leece said we should keep the consistency.  The motion passed, 3-2, with Leece and Genis voting no.

ANGRY RESIDENT
A resident who is embroiled in a lawsuit with the city pulled Item 11, the computer aided dispatch system, HERE.  He was concerned about sales tax and warrantees.  He's worried about records destruction.  It passed, 5-0

THAT'S A WRAP!
So, that's it from this short, pre-Independence Day holiday council meeting.  They shut down at 8:50 - longer than I expected, but at least it's not midnight!  We here at A Bubbling Cauldron hope you all have a very enjoyable and safe holiday.  As the three days of fireworks begins tonight, and your pets require medication to make it through it all until Friday, please don't forget - "It's all about the kids."  Please be sure to drop Mayor Pro Tem Steve Mensinger a little note after the holiday to thank him for his consideration for the rest of us.

NEEDING A LITTLE "INDEPENDENCE"
We're turning the old cauldron down to simmer again for awhile.  Although there's always a chance we might post something the rest of the week, we're actually looking forward to some Independence from it.  Thanks to all my friends who work at City Hall for making it through another fiscal year.  There are many of us out here who really DO appreciate what you do for us.  Over this holiday weekend I want to especially thank the members of the Costa Mesa Police Department and the Costa Mesa Fire Department for the long hours they will put in over the next few days, trying to keep us safe in spite of ourselves.

Click HERE for a little something to get you into the old Independence Day holiday spirit.

Quiet 4th And More Fireworks Tonight (Amended)*

FIRE CHIEF REPORTS A QUIET 4TH
Well, how was your weekend? Safe and sane, I hope. According to Costa Mesa Interim Fire Chief Kirk Dominic this morning, it was a quiet weekend. Except for some trash fires caused by folks discarding hot fireworks in their trash cans, things were quiet from a fire response standpoint. That's wonderful news. There were no structure fires reported.

EASTSIDE WAR ZONE
On the Eastside of Costa Mesa there were lots of illegal fireworks fired-off throughout the evening of the 4th, beginning before dark and continuing until just before midnight.

MORE MONEY FOR YOUTH SPORTS?
No word yet from our friends who were selling the safe and sane fireworks around town. Logic would tell you that they'd have more sales than in years past because folks could shoot the fireworks off for three evenings instead of just one.

KUDOS TO ALL
Kudos to all who used the fireworks for doing so safely.






***

CITY COUNCIL MEETING TONIGHT
Tonight the Costa Mesa City Council meets in its first meeting of the new fiscal year. It looks like it may be a short meeting - a nice change.

REDUCING INCOME?
The first Public Hearing - scheduled to commence at 7:00 (the meeting itself begins at 6:00), we will hear a proposal to REDUCE income to the city by establishing a new schedule of rates, fees and charges for police department coverage of special/community events. You can read the staff report HERE. The theory is apparently to reduce costs charged by the city for police presence at special events and thereby entice more such events to our city. Seems like a curious tactic at a time when we're struggling to balance our budgets and potentially laying off half the city staff to do so. This is just another affirmation that the current city council's actions are not about finances, they are about politics.

"MASSAGING" THE MASSAGE PARLOR ORDINANCE
The third Public Hearing (there's another one, but it's being recommended for continuance to the next meeting) deals with a revision of the ordinance governing Massage Establishments and Practitioners. You can read the staff report HERE and the actual ordinance HERE. Certainly, this is a necessary modification to our ordinances since we're told that many such establishments in our city are actually fronts for illicit activities. As I scrolled down through the ordinance I came to the definitions on page 4. Some of the terms used therein snapped these old eyeballs open, for sure. I'll let you visit the ordinance to read them for yourselves.

*OCEA AUDIT TO BE EXPLAINED - AGAIN
I forgot to mention that Steve Foti, the man who actually performed the audit recently for the OCEA, will appear before the City Council tonight to explain his numbers. I have no idea how it will play out, but at least this time around we will hear from the horse's mouth, not a Union surrogate who was clearly unprepared for the hand-to-hand combat she was subjected to by Jim Righeimer at the last council meeting.

***

OCEA/CITY IN COURT TODAY
Over at the LiberalOC blog, writer Chris Prevatt reports that the Orange County Employee's Association (OCEA) will be in court today requesting a Preliminary Injunction to stop the layoffs of more than 100 Costa Mesa city employees. HERE. We've seen this issue on closed session agendas in recent weeks, but were not aware that the court date was today. In fact, it's on the closed session agenda again this evening. We hope that some member of the staff will report the results of the court date in open session tonight.

July 4th, 2011

WAITING...
As we await the inevitable barrage of legal and illegal fireworks later today I thought I'd give you a little something with which to pass the time.




A REPRISE OF YEARS PAST
If you want to spend a few minutes viewing some pretty patriotic stuff, please go to my July 4th 2009 blog entry, HERE.

OR, MARTINA...
Or, if you just wish to sit back and listen to Martina McBride, click that little arrow and enjoy.

Happy Birthday, America.

Independence Day - 2007

With all the hub-bub around the city council meeting that ended in the wee hours of July 4th I neglected to mark the celebration of Independence Day here on the blog. I sure do hope you all had a wonderful day - I did.

For the first time in the nearly 34 years that we've lived in our home, our neighborhood decided to have a good, old-fashioned block party and it was a rousing success. We had games for the young ones - and for those young at heart.

We had an apple pie contest, which, for some inexplicable reason, was not won by my sweet wife who makes the best crust on the face of the earth. What do those judges know, anyhow? I think the fix may have been in, because the winner lived in the house of one of the three judges. I must admit, though, the winning pie was spectacular.

Due to the generosity of one neighbor whose heart is as big as his wallet, we had food, food and more food. He provided a BK Burger truck, who served burgers, chips, salads, cookies and drinks to all in attendance. It also provided some appropriate music until well past dark, when the fireworks began.

Speaking of which, we had lots of safe and sane fireworks, overseen by one very responsible young high- schooler. Somewhere nearby the occasional bottle rocket or mortar round were fired off, although I couldn't swear to their origins. They did evoke cheers and applause from the assembled throng. Through the smoke of the fireworks I swear I saw a strange apparition - a guy running around shirtless with a helmet strapped to his head and fireworks blazing away from a long tube welded to the top of his helmet. I hope it was just my imagination, because such behavior - if not illegal - was certainly foolhardy.

We had a "pickle ball" tournament which, after all the elimination rounds were complete, was won by our culinary benefactor and his lawyer buddy. They defeated the pie-baking champion and her boyfriend. In the dimming light, the champ then mixed and matched with different partners and took on all comers, remaining victorious.

In one garage a two-table ping-pong tournament was being held. A retired fire captain, who fancies himself quite a ping-ponger, had all he could handle with the teenagers from the neighborhood.

The glorious day provided a great opportunity for the neighbors to re-acquaint themselves, and to meet some of the new arrivals for the very first time. It was a chance to greet returning neighborhood college freshmen, to hear the stories of their adventures in the year since they flew from their comfortable nests here in Costa Mesa's best neighborhood. It was a chance to admire how much they seem to have grown intellectually since their mother's last did their laundry. The energy of their return always invigorates the neighborhood.

So, a big thank you to all the committee members who rallied to collect the money, get the permits and road barriers, produce those wonderful "A.W.E.some" commemorative T-shirts, plan and oversee the games, coordinate the activities and clean up the debris in the aftermath of a wonderful celebration. I hope we do it all over again next year.

To all you readers out there, I hope your July 4th, 2007 came close to being as much fun as mine was.