Sharpnack Claim Morphs Into A Lawsuit

WAIT!  WHAT'S THIS?
Those of us who pay attention to City Council meetings got a little surprise Tuesday afternoon as the agenda for the Closed Session was read into the record by City Clerk Brenda Green before the council adjourned to a remote conference room to consider the seven items listed.   City Attorney Kimberly Hall Barlow asked the council to add another item to the agenda for discussion that afternoon - the lawsuit filed by former Police Chief Rob Sharpnack against The City of Costa Mesa - which Barlow had just become aware of shortly before the meeting!

BRAND NEW LAWSUIT
The 38 page lawsuit was dated February 12, 2020 and it's unclear whether the lawsuit had actually been served on The City by Tuesday night when Barlow brought it up.  You can read it HERE, if you wish.

NOPE... NOTHING TO REPORT
The City Council approved adding the lawsuit to the Closed Session agenda and they adjourned to deliberate.  When they returned a couple hours later for the regular session Barlow had nothing to report out of the Closed Session - on that or any of the other seven items on the agenda.

SPADONI SPRINGS THE PAPERWORK
In an interesting sidebar - early in the regular meeting, during Public Comments, resident (and former police officer) Mary Spadoni trundled up to the speaker's podium and proceeded to waive the text of the lawsuit at the council.  Apparently she managed to obtain a copy of it via a public records request and posted the link to it on the Facebook page Costa Mesa Sandbox.  By the time Public Comments had ended two people had contacted me about the lawsuit and had retrieved the text from that Facebook page.  One of them shared it with me since I have been blocked from participating on that site.

TRYING TO RIGHT A PERCEIVED WRONG
Some might recall that Spadoni frequently spoke and wrote about information that was eventually included in the initial Claim Sharpnack made against The City.  Much of that is included in the lawsuit.  Clearly, she is an insider in this process and makes no bones about doing her best to defame those she feels are responsible for Sharpnack's situation, including Mayor Katrina Foley, Mayor Pro Tem John Stephens, current City Manager Lori Ann Farrell Harrison, former Acting City Manager Tammy Letourneau and former Acting Assistant City Manager Justin Martin.  The last two now hold positions at the City of Laguna Niguel.

THE TIMING IS CURIOUS
The timing of this lawsuit is very interesting - just two weeks before the Primary Election in which Foley is running for a chance to gain a seat in the State Senate against incumbent John Moorlach and another Democrat challenger, David Min.  Any mud that can be tossed Foley's way will probably go a long way to assuaging the animus felt about her by Spadoni and her pals, particularly if it affects her chances in the upcoming election.

MY SPECIAL INTEREST?
Why am I writing about this?  Well, in his original claim Sharpnack named me as a "witness" - the only non-current or former employee of The City on the list.  It's curious, since I have no first-hand knowledge of any of the circumstances.  Yes, I've written about CMPD issues, including observing about the many, many former police chiefs who have served my city over the past five decades.  This, of course, includes Rob Sharpnack.  I have no idea if I will end up being a part of his lawsuit - I hope not, but we shall see.

HAVE I MENTIONED THAT I HATE POLITICS?
In the meantime, the hit pieces about Foley continue to land in mailboxes all over the the 37th Assembly District and I doubt if it's over with two weeks to go before the election.  And the beat goes on.

Good Turnout For CM4RG Town Hall

PUBLIC SAFETY AND SOBER LIVING DRAWS A CROWD
Somewhere around 100 people turned out for the Town Hall sponsored by Costa Mesans For Responsible Government (CM4RG) Thursday evening at the Neighborhood Community Center.

CANDIDATES WERE ALSO PRESENT
In addition to the presenters of information, city council candidates, representatives of certain initiatives and candidates for the Mesa Water District Board and the Costa Mesa Sanitary District Board were also present to answer questions and hand out literature.

 Costa Mesa Sanitary District Board Members 

Art Perry and Jim Ferryman, running for re-election.

OMNIPRESENT BARRY FILMED IT
Barry Friedland of Costa Mesa Brief was on hand to record the event, so look for his work product at his YouTube Channel in the next few days.

REICH TO LEFFLER...
Alex Reich, candidate for the Mesa Water Board, acted as the Master of Ceremonies.  He kicked the meeting off at around 6:45 p.m., then handed it over to CM4RG President Robin Leffler, who led the pledge of alligience and then explained a little bit about the organization.

...TO LEECE
Former councilwoman Wendy Leece then stepped up to provide an update from the Orange County Vector Control Board, of which she was a member during her tour on the City Council.  She explained the need for resident diligence due to the growing problems with West Nile Virus and now the Zika Virus.  No standing water.  Contact Vector Control if you suspect a problem.

COSTA MESA FIRE DEPARTMENT DISCUSSED
Next up was Ralph Taboada, Chairman of the Bikeway and Walkability Committee and member of the Pension Oversight Committee, to talk about the Costa Mesa Fire Department.  He explained that the department used to be one of the premiere departments in Orange County - a destination department.  He explained that the members of the CMFD are active in the community, including teaching CPR and making school presentations.  Members of the CMFD are usually pillars of their communities.  He explained the history - 5 Chiefs in six years - and used slides to enhance his presentation.  These are mostly self-explanatory.

SOBER LIVING HOMES
Then came community activist Teresa Drain to speak about Sober Living issues.  She told us also on hand for questions was Robert Mann of the Sober Living Network.  She gave us some statistics that really made you think.  Speaking of heroin specifically, she told us that there have been 1800 deaths due to overdoses in the past five years and the Center for Disease Control estimates 70 lives a lost daily due to addiction.  There are 300,000 addicts in Orange County.  She told us Costa Mesa has 300 licensed liquor dispensaries.

ADDICTION A DISEASE
She then described Addiction as a disease and Sobriety as addiction in remission.  Among the stats she told us was that there is a 86% failure rate with heroin addicts.  She spoke about the 12-step programs, first evolving from Alcoholics Anonymous (AA) and now used with Narcanon, too.

DUAL PROBLEM - DRUGS AND ALCOHOL
She spoke of the dual problem of alcohol and drugs and mentioned the Orange County Sober Living Coalition as an organization helping with the problems.  She told us that 80% of criminals have drug and or alcohol addiction issues.  She told us that 95% of those incarcerated for drug issues return to the drugs once released.  She told us that treatment and recovery is the solution, not incarceration, which is why so many petty criminals with drug issues are currently involved in Sober Living Homes.

SPADONI DISCUSSES THE CMPD
Mary Spadoni, life long law enforcement officer - she was the first woman police officer to work in patrol many moons ago - next spoke about the Costa Mesa Police Department.  She spoke about the impact of AB 109 and Prop. 47, and told us to oppose Prop. 57 on the November ballot because it just goes one step further in the wrong direction than Prop. 47.  Because of those laws we have many more criminals on our streets.

STAFF SHORTAGES
She spoke about the decline in staffing of the CMPD - how the current council majority issued over 200 layoff notices to city employees in 2011, several of whom were civilian employees of the CMPD.  She spoke of how that act caused a lawsuit by the Orange County Employees Association, which represents the employees in question, and how the city lost that lawsuit and cost nearly $400,000 in legal fees.

HISTORY OF STAFFING
Spadoni told us a little history of the staffing of the department, and mentioned that currently the authorized staffing level of the CMPD is 136, but that we actually have only 113 on the payroll, 10 of which are out on injuries.  We have only 52 officers available for patrol duty and many of the speciality assignments to which officers aspire - Gangs, Narcotics, K-9 - are no longer available, which hampers recruiting and retention of officers.

ATTRITION REPORT
She mentioned the attrition report prepared by former Chief Tom Gazsi more than two years ago which outlined for CEO Tom Hatch the reasons for the departure of so many officers due to retirement and/or moving on to other venues.  That report was never acknowledged.  Much of that turnover was due to the toxic environment created by the current City Council majority.

PAROLEES LOVE COSTA MESA - NO COPS
Spadoni told us of a meeting in 2014 of representatives of the County Probation Department and State Parole organization in which Costa Mesa representatives at the meeting were told that parolees like to come to Costa Mesa because we're understaffed in the CMPD, so chances of them being picked up for crimes is small.  She described our situation as a perfect storm - fewer cops and greater demand.  She said we're "understaffed and overcrimed".

SHARPNACK TRYING, BUT...
She praised Chief Rob Sharpnack for his energy and enthusiasm trying to get the CMPD back on track, but the process is taking a long time - despite what Mayor Mensinger told us earlier this year.  She cited the influx of sober living homes as part of our problem keeping crime down - it's up dramatically.  She said we're not "Costa Mayberry" anymore.  She told us that Costa Mesa has 3% of the county population but 27% of the sober living homes.  She said 63% of our residences are rentals.  She cited the unrealistic positions taken by candidates Mensinger, Mansoor and Ramos on public safety issues.

Q & A
Next came Questions and Answers presented by the audience via note cards.  The panel included retired CMPD Lieutenant Clay Epperson - a long-time Costa Mesa resident; Former man-of-many-hats, retired Interim Chief Fred Sequin and Robert Mann of Clear Path Recovery to answer Sober Living Questions.

CMPD 5 YEARS BEHIND
In response to a question about police staffing, Epperson told the audience that we're 5 years behind.  That we have a hard time recruiting and retaining officers because of the atmosphere within City Management towards the CMPD.

CMFD WORK SCHEDULE
Seguin was asked about work hours.  He explained that the CMFD works a 56 hour work week and that it's not at all unusual for firefighters to work hundreds and even thousands of overtime hours because of the depleted staffing.

MANN DODGED THE QUESTIONS
Mann, didn't really answer many of the questions posed to him.  Most of the time he waltzed around and did a promotion for his industry and his business specifically.  He feigned ignorance of statistics when asked.  He was not the only Sober Living operator in the room.  He was asked, for example, why there was no mechanism to return failed "clients" to their homes instead of just turning them out onto our streets.  He didn't really answer that, except to say his organization sometimes turns those failures over to other organizations.  Kind of an incestuous situation.

CRIME FROM DRUG AND ALCOHOL USE
Other questions were asked about  rising crime.  Epperson told us much was due to drug and alcohol users.

JULY 4TH ENFORCEMENT?
Seguin was asked about July 4th fireworks and how it is enforced.  He said with current staffing levels it's hard to catch perpetrators in the act.  One angry audience member demanded to know how many arrests were made this year - he had no answer.  He did say it's hard to catch those shooting off illegal fireworks because they are masked by legal fireworks.

IMPACT OF OVERTIME
He was also asked about the impact of overtime on the firefighters.  He responded that it was hard on the firefighters AND on their families due to the unanticipated demands for overtime.  He said it's not unusual for a firefighter to work several consecutive shifts without time off.

FIND BARRY'S RECORDING
The meeting ended just after 8:30.  Find the Costa Mesa Brief recording, HERE.  It will be worth your time.

THANKS TO CM4RG
Thanks to the folks at CM4RG and all the volunteers who put this program together.  I think most who attended thought it was time well-spent.  Interestingly, despite some grumbling on certain social media sites, I saw no members of the opposition in the audience.   That wasn't all bad.  One particularly mouthy candidate for a Sanitary District Board seat kept yapping about attending all week, then did a no-show.  No loss.

Fireworks At The Planning Commission Meeting

WELL, THAT WAS INTERESTING!
In what most expected to be a pretty mild, routine Planning Commission meeting Monday night turned out to be anything BUT!

LEAP-FROGGING THROUGH THE AGENDA
The agenda was fairly routine - a time extension on an long delayed project with a deed complication was about the only controversial thing we might have anticipated.  So, let's take THOSE items first - kind of a flip-flop of the order of march - to get them out of the way.

CONSENT CALENDAR HAD NO DISCUSSION
The Consent Calendar, with only the minutes and a General Plan Conformity Resolution for the possible relocation of the Costa Mesa Sanitary District Headquarters from 19th Street to a new location near the airport, passed on a 4-0 vote without comment.  Commissioner Stephan Andranian was absent Monday night.

AFTER DISCUSSION, RED MOUNTAIN GETS A 2 YEAR EXTENSION
Public Hearing #1 was the request by developer Red Mountain for a two-year extension of their Planning Application for a much-delayed project at Harbor and Hamilton.  This issue got some unnecessary discussion on the processing of the original planning application - a complication with the actual transfer of a sliver of city property to the developer and the timing thereof.  It seems Mayor Steve Mensinger finally signed the transfer in November, 2015 - a couple years after this process began.  Several speakers addressed this project, presenting evidence of the deed complication and expressing concern for the Community Garden, which is contiguous to the potential development and it's appropriateness, but in the end the short-handed commission approved the 2-year extension on a 4-0 vote.

NO PROBLEM WITH 18TH STREET PROJECT
Public Hearing #2, the Planning Application and related matters for the two-unit development at 146 E. 18th Street breezed through the process - there were no public commenters.  The developer praised the staff, but did indicate he went through three planners. (This is a problem, since we have turnover throughout city government, including in Planning).

8 UNITS, UNDERGROUNDING WAIVED
Public Hearing #3, the 8-unit development on East 21st Street also moved through the process quickly.  The only complication was the existing utility pole, which will be directly in front of the driveway.  Normally, the staff would require the developer to underground the pole.  However, since that would require spending more than $500,000 and replace one pole with 3 - maybe 4 - the commission waived the requirement.  Commissioner Colin McCarthy was nearly orgasmic again as he praised the developer, Matt White, for this project - one of many he has done in the city.  These homes are targeted in the high $900,000 range.  At the end, before the vote was taken, McCarthy, pointed at White and said, "Look at that evil developer", with that big Cheshire Cat grin he sometimes gets on his face.  He, of course, was mocking critics of development in the city.  More on that at the end of this post.  The project was approved, without the undergrounding, on a 4-0 vote.

MCCARTHY BAILS, #4 PASSES, 3-0
After a short break, during which McCarthy apparently decided he'd had enough for the evening and bailed out, they moved to the last item on the agenda - Public Hearing #4, the 4-unit development on 22nd Street.  This one also was handled with dispatch.  The only questionable portion of this one was the setback along 22nd Street - necessitated by right-of-way requirements for possible future widening of the street and the creation of a bike path - combined they sucked up 11 feet of space.  These homes are also targeted at the high $900,000 range.  It passed, 3-0 and the meeting wrapped up at 8:35.

*****

NOW, BACK TO THE BEGINNING
I skipped over the really interesting part of the meeting, so let us now backtrack to discuss what was, in my view, the most disgusting display of partisan rudeness by this commission since I've been watching it.

PUBLIC COMMENTS
During Public Comments  Tim Lewis observed that the commission and City Council have been getting shoddy work from the staff - he later spoke about that specifically on the hearing on Item #1.

EASTER CANDY DRIVE
 Beth Refakes told us again about the Easter candy/egg drive for the children of the 1/5 Marines at Camp Pendleton.

"THE BIG SHORT" AND CORRUPTION
An unidentified speaker pushed back at Commissioner Tim Sesler for his chiding of her at the last meeting when she suggested folks go see "The Big Short", telling Sesler and the rest of us that it was an important movie - one of only three in history that had been viewed by Congress.

WHAT ABOUT THE INJUNCTION?
The final speaker, who also failed to identify herself, wondered about the status of the injunction on enforcing our ordinances on Sober Living Homes.  She never got an answer. 

MYTH-BUSTERS
In between speakers Teresa Drain, Mary Spadoni and Anna Vrska spoke about the so-called Smart Growth Initiative, referencing the website, commenting about the fact that the signatures have been certified and that they were at the meeting to help dispel some myths about the initiative that have been widely publicized.  They referred folks to the Costa Mesa First website, HERE, for more information. They presented their information in a clear, respectful manner and all went smoothly until Vrska, unfortunately, criticized the Sergeant-at-arms for enforcing the "no clapping" rules, opining that it was their right to clap - and called the officer a "Nazi".  That was uncalled-for and basically wrong.  Yes, it's her free-speech right.  No, the Chairman decides what is disturbing the meeting and can - but he didn't - demand no clapping.  From there we went straight down hill.

FIRST IT WAS MC CARTHY
When they segued into the Commissioner Comments segment  Colin McCarthy immediately jumped in with a scathing criticism of Vrska for her reference to the officer as a "Nazi".  He then proceeded to go into a long monologue, which I will transcribe for you verbatim below so there's no doubt about what he said.   When Chairman Rob Dickson turned the floor over to him he began:
"Nothing from me tonight except the absurdity of the no-growth hater crowd never ceases to amaze me and I guess it never will."

"HATERS" - REALLY?
Let me insert my thought right here... Right there you have demonstrated for you the mind set of those in charge in this city who consider people with opposing viewpoints as "haters" - a term that's thrown around on the Costa Mesa Public Square Facebook page, which has become their bully pulpit - with great frequency.  McCarthy - a long-time planning commissioner and former chairman of the group - showed his true colors with that statement.  Clearly, he has no respect for residents who dare to speak out with an opposing viewpoint.  It's precisely that kind of arrogant attitude that kept him from being a serious City Council candidate when he ran a few years ago.

ANALYSIS?
He went on to say: "The City Council will be receiving soon at some point, and I believe we'll get a copy of it and I hope the public will, an analysis whatever initiative you want to call it - no-growth, Smart Growth matter and that will have some factual analysis and I understand it on dispelling some of the myths on what it does and what it doesn't."

HOW DOES HE KNOW?
Let us pause here again for a minute.  He mentions an "analysis" that will be performed, yet this issue has NOT YET been heard by the City Council.  The process is for it, the initiative, to be presented to the City Council at a meeting soon - sometime in March, for sure - at which time the council will accept the certified signatures.  It then can decide to NOT require an election and simply vote to adopt the initiative.  We ALL know that's not going to happen, so they will authorize it to be placed on the November ballot.  They also may order "reports" from any number of departments on any number of issues regarding the possible impact of the initiative on the city and it's many operations.  However, THAT has not yet been decided - at least, not in public.  It sure sounded like McCarthy KNEW that those reports would be ordered by the council, didn't it?  It makes one wonder just what kind of backroom conversations - illegal conversations - have been taking place among commissioners and council members that produced the assumption that those reports would be ordered, doesn't it?

MORE MISINFORMATION - FROM THE DAIS
McCarthy continued: "My biggest concern with the initiative has always been and continues to be that it puts the brakes on our General Plan - and it does.  It's gonna force our General Plan to get frozen in time until it gets voted on.  It's going to be subject to the initiative.  I love the citizen's voice and power and all that and measures, but the idea of us putting through the General Plan, which has bone through a significant heavy lifting process, public hearings and staff and it's going to be discussed here in March and, ultimately going before the City Council.  The idea that we could implement a General Plan and that it would not go into effect until an election two years later is just silly."

Well, he's got that all wrong, which is no surprise to me.

BROKE HIS HEART
He continued: "I ran into one of our old developers not that long ago at a family function and I asked him why I haven't seen him around in Costa Mesa and he said 'We're doing projects in Santa Ana.  We don't have any interest in being in Costa Mesa anymore.' And that just kinda broke my heart."

ADMITS HE DOESN'T KNOW SQUAT
And finally: "So, looking forward to seeing some good fact-based discussions.  I agree with what a couple speakers said about dispelling myths about the initiative and I look forward to learning more about it, but everything that I'm reading is really troubling, not just as a commissioner, but as a resident."

WHERE'S HE BEEN READING?
So, he admits he really doesn't know enough about the initiative, yet he pillories the folks who attempt to educate the public - the speakers last night - and refers to them as "haters".  And, I wonder just where he's "reading" whatever he's reading?  Is this like former commissioner Jim Fitzpatrick's frequent comment, "The voices I'm hearing."?

LITTLE TIM TOUTS THE CMPS
Next up was Commissioner Tim Sesler, with comments that evoked an outcry from members of the audience, who were so upset with him that a few stormed out of the auditorium.  He began:
Thank you, Mr. Chair.  Just a few comments.  I know that the Costa Mesa First supporters came out and were directing people to their own web site and that's fine.  I encoursage everyone to do so.  I also encourage citizens that are really interested in perhaps a more objective approach to visit Costa Mesa Public Square.  It's a web site which people on both sides can visit.  It's a web site for people to gather information and people can have discussions there and have discussions there on a civil manner.  They don't call individuals who they disagree with "nazis" because they're police.  I think some of the resident's comments tonight kind of illustrate that the supporters for Costa Mesa First really aren't interested in a full public debate.  So, I think that's really a worthwhile place to visit and have a good discussion.  And I wish our sergeant of arms luck as he checks our outgoing film critic.  Otherwise, I have no comment, Mr. Chair."

SHOUTS AND DEPARTURES

As you might imagine, it was that "Costa Mesa Public Square" comment that got some in the audience so upset.  First, it's NOT open to the public, so for him to refer folks to it with the expectation of being able to even SEE what's going on there, much less participate, is a lie.  If, perchance, a person were to find his way onto that Facebook page what he will find is group-think, where only one side of the issue is discussed, and in terms like McCarthy's "hater" comment.  Sadly, ALL of the planning commissioners are denizens of that site - I see screen grabs of many of their comment threads every week - so I KNOW what they're saying - about the initiative and other issues.

MATHEWS
Next Dickson handed the baton to Vice Chair Jeff Mathews - he of few words.  This time he had a little something to say.  He began:
"Thank you, Mr. Chairman.  Usually none, but just briefly.  So, what does that say about some of the people are leading that initiative?  What we just heard, how they just acted - Really?!  I'm really, I find that disappointing, troubling and amusing all at the same time.  I would think that other right-minded, logical citizens might take a look at that and incorporate that into their judgment of what's going on.  It's ridiculous.  But that's just my opinion - I could be wrong."

YEP, YOU ARE WRONG, JEFF

So, Jeff, "right-minded, logical citizens", huh?  Why, how superior of you!  Make yourself a note:  "When tempted to open my mouth - DON'T!"  And, yes, Jeff - not only could you be wrong, but you ARE wrong.

DICKSON
Finally it was Dickson's turn to comment.  He said:
"Thank you very much.  I hope that everybody reads carefully the city documents that come out when the analysis comes forth they get their own facts."

AND HOW DOES HE KNOW, TOO?
So, yet another pre-judgment of "city documents" being produced soon - just as McCarthy mentioned above.  Again, what kind of insider, inappropriate, illegal conversations have they had with council members who have NOT yet heard this issue in open session - or closed session, either, for that matter.  It comes as no surprise that there has likely been major Brown Act violations by members of the City Council in which they discussed this issue among themselves, either as a majority or in a serial conversation, and have decided that there WILL be reports prepared.  They're just not letting the rules get in the way of their opinions and decisions - as usual.

UNACCEPTABLE BEHAVIOR
So, the meeting began on a very sour note, with the use of the words "nazi" and "hater" - and those were the high points.  In my view, it is absolutely unacceptable for sitting commissioners to chide and vilify concerned residents who present opposing views to them.  My friend, Bruce Garlich, must be spinning in his grave about now.  This behavior is unprofessional, at best.  The residents of this city deserve better.   November provides an opportunity for that to happen.