A Full Schedule Awaits The City Council Tuesday

ONLY AUGUST MEETING NEXT TUESDAY
The Costa Mesa City Council will meet for it's only meeting of the month on Tuesday, August 4, 2015 beginning in Council Chambers at City Hall at 5:45 p.m.  You can read the full agenda, which includes a half dozen items on the Consent Calendar, four (4) Public Hearings, one (1) item of Old Business and four (4) New Business items, HERE.

CONSENT CALENDAR
As has been my practice, I'll take a quick peek at the Consent Calendar - those items that are presumed to be routine in nature and would be voted upon in one vote unless a member of the public, staff or council pulls it for separate discussion and vote.

THE WARRANT
Item #3, Warrant 2540, HERE, includes a few interesting items in the roster of checks used to disburse more than $4 million of your tax dollars.  I'll list a few that caught my interest:

Arthur J. Gallagher & Co - $428,620.02 - City Insurance Premium 15-16
Costa Mesa Conference & Visitor Bureau - $207,031.35 - BIA Receipts for May 2015
Wigmore Insurance Agency Inc - $120,923.00 - Excess Wrkrs Comp Ins Rnwl
CSAC Excess Insurance Authority - $4,612.00 - 15/16 Pollution Liability Ins.
Government Staffing Services Inc - $3,960.00 - Proj. Mgt. Temp Svc 6/15-6/28/15
Quickstart Intelligence - $12,726.50 - In House Training
Randstad Technologies LP - $12,707.50 - Temp IT Support Staff
AssetWorks Inc - $17,988.00 - Fleet Focus Software Upgrade
Clean Street - $58, 524.98 - Street Sweeping Svcs 5/15+Pressure Wash Sidewalk 6/15
G4S Secure Solutions Inc - $61,038.51 - Gail Svcs, 6/15
LINA - $20,041.47 - Premium, 7/15 + Admin Fee 6/15
Moore Iacofano Goltsman Inc - $69,506.15 - GP Update & Environmental Report
Bank of America - Account Analysis - $3,059.65 - Acct Analysis Fee Apr-Jun 15
Liebert Cassidy Whitmore - $2,437.50 - Legal various
Pacific Municipal Consultants - $5,400.00 - Consulting Svcs for Group Home
Quickstart Intelligence - $1,416.00 - In House Training
Scientia Consulting Group Inc - $6,880.00 - On-Site Technical Support
Stradling Yocca Carlson & Rauth - $6,208.00 - Legal, Various
Trauma Intervention Program - $14,061.00 - 2015-16 Annual TIP Service Fee

And, of course, there's much, much more.

DEFERRED COMP. PROGRAM MONITORING
Item #4, HERE, is the award of a contract for deferred compensation plan monitoring services. The awarding of the contract seems straightforward, but I'd like to know who among the city staff is a participant in the deferred compensation plan.

SWAPPING CODE ENFORCEMENT OFFICER FOR A PARK RANGER
Item #6, HERE, is an interesting item.  During the recent budget deliberations/approvals - just a month ago - there was a new Code Enforcement Officer position created for the Police Department.  THIS item is a plan to shift that position from a Code Enforcement Officer to an additional Park Ranger slot.  If you read the staff report you may get the impression that this whole issue didn't get a very thorough vetting before the budget process, particularly since there has been such a high-visibility effort to manage the homelessness issue in our city.  This is curious, at least.

PARK FEES FOR APARTMENTS
The first Public Hearing, HERE, is a proposed change in the park in-lieu impact fees to fold in apartments and to adjust other fees presently being collected.  The comprehensive staff report includes several charts and other visual displays to explain the methodology and comparisons to other cities.  I find it interesting that the Building Industry Association (BIA) has written to support this plan.

PAWN SHOP APPEAL
Public Hearing #2, HERE, is an appeal of the Planning Commission's recent decision modifying a Conditional Use Permit for a Jewelry Store with ancillary pawn services at 1872 Newport Boulevard.  This is a "de novo" hearing, which means we start from scratch on this one.  Could take awhile and it will be interesting to watch the appellants - they are pretty smooth operators, who described in great detail how they sweet-talked the previous owner into selling the business to them.

ST. JOHN THE DIVINE EPISCOPAL CHURCH FARMERS MARKET APPEAL
Public Hearing #3, HERE, should fill the house.  This is the appeal by nearby neighbors of the Planning Commission's recent Conditional Use Permit for a farmers market at an existing church - St. john the Divine Episcopal Church - smack dab in the middle of a residential neighborhood on the Eastside.  This is another de novo hearing, so the entire project will be heard anew.  Again, this one could take awhile.

CODIFYING CAPITAL BUDGET PERCENTAGE
Public Hearing #4, HERE, is an ordinance as a result of the Financial and Budget Policies adopted by the City Council in March, 2015 that requires an allocation of a minimum of five percent (5%) of the General Fund budget to capital expenditures and plan a goal of an additional one and one-half percent (1.5%) to a Capital Facilities account annually.  This is in response to the seven-year capital improvement program that totals over $230 million.

SECOND READING OF A GOOD PROJECT
The only Old Business item, #1, HERE, should take very little time.  This is the second reading on a project for 10 residential units at the site of the old Church of Christ Scientist on Mesa Verde Drive East.

ANOTHER SMALL LOT DEVELOPMENT
New Business #1, HERE, is a Master Plan Screening request for a 10-unit 2 and 3 story Small Lot Residential development at 527 and 531 Bernard Street.  The council will provide feedback so this project may move forward.

ALLOCATING MATT LEINART FLAG FOOTBALL FEES
New Business #2, HERE, is the Council Direction for Allocation of Field Use Fees for the Matt Leinart Flag Football repayment as a result of the incorrect fee payment due to misinformation provided to the city more than a year ago.  This one was requested by council member Katrina Foley, who wished to have these funds - around $25,000 - allocated to sports uses at the two high schools.  Normally, such fees would be deposited into the General Fund and used for normal municipal purposes.  This discussion is going to be fun, particularly since the news media has been full of news that the Matt Leinart Flag Football program similarly misled our friends in Irvine and will be required to pay the ENTIRE amount back, not a portion, as is the case with Costa Mesa.  I don't think anything can be done at this point - particularly when it appears that at least a couple of our council members are star-struck by the fact that Matt Leinart is a USC  football hero and Heisman Trophy winner.  As I said, it will be interesting.

APPEAL FEE REFUND REQUEST
New Business #3, HERE, is the request by resident Ann Parker for a refund of $690.00 fee charged for her appeal of the recent Solid Landings decision.  Based on her appeal the Planning Commission overturned the Zoning Administrator's approval, which was subsequently upheld by the City Council.

SELECTING VOTING DELEGATES
The final item on the agenda, New Business #4, HERE, is the designation of a "voting delegate" and a "voting delegate alternate" for the 2015 League of California Cities Annual Conference in San Jose this fall.  Currently Mayor Steve Mensinger, Councilwoman Sandra Genis and Councilman Gary Monahan are registered to attend the conference.  The City Council must designate the above positions.

NEXT MEETING ON SEPTEMBER 8TH
The council meeting scheduled for August 18, 2015 has been cancelled, but the first full week of September is going to be a whopper, with a council meeting AND a joint study session with the Planning Commission plus a Senior Commission meeting, too.

Leinart Flag Football Gets Another Chance

THE WHOLE AGENDA LATER, BUT NOW...
I'll cover the entire agenda for the Costa Mesa City Council meeting scheduled to begin at 5:45 p.m. on Tuesday, July 7, 2015 over the weekend.  However, on that agenda is the presentation by the Parks & Community Services/Recreation Division for the new Field Use and Allocation Policy (FUAP) AND the request for special status of specific youth sports organizations.  That agenda item is HERE.

NO MENTION OF BOTCHED VOTE LAST THURSDAY
I read through this document and the attachments a couple times and NO mention is made of the screw-up that occurred last week when the Parks and Recreation Commission DID NOT vote to extend Group 3 status to Matt Leinart Flag Football.  Despite what is VERY CLEAR in the video record of that vote, apparently the Contract City Attorney decided he knew what the commission meant when they voted - so he just decided that they HAD voted to extend Group 3 status to the Leinart organization.

BOYS BEING BOYS..
It's become abundantly clear that Matt Leinart Flag Football is the fair-haired boy.  City officials have bent the rules and cut them slack ever since they decided they wanted to come to town.  They've apparently just shrugged and gave it one of those "boys-will-be-boys" passes - kind of like Mayor Steve Mensinger's supporters always give him - "Oh, well, that's just Steve".

FAVORITISM AT WORK
I, personally, have NOTHING against Matt Leinart nor the flag football program that bears his name.  I don't know him nor any member of his family, although some neighbors went to school with him.  And, quite honestly, this isn't really about Matt Leinart Flag Football - it's about favoritism and applying the rules for everyone evenly.  That has NOT happened in this case, and it's very troubling.

THE RULES ARE FOR SOMEBODY ELSE

I am not surprised this has happened, though.  This thread of uneven application of the rules runs through city government as guided (tough to use that word in this context) by Steve Mensinger and Jim Righeimer.  They act like they know exactly what is right for the city and just won't let those darn rules get in the way.  The recent announcement of the relocation of Vans headquarters to the north part of town may be yet another example of that arrogant disregard for the rules - those rules put in place to protect the interests of ALL the residents of this city.

HAVE A SAFE HOLIDAY
So, on that happy note, I wish you all a very safe Independence Day holiday.  As the clock struck 1 p.m. while I'm typing this, three bottle rockets exploded somewhere close to my house.  Those safe and sane fireworks you bought to support youth groups are facilitating (and masking) those among us who also break the rules without regard to how it impacts the other members of the community.  Quite a sad commentary.  I'm not sure this is what our Founding Fathers had in mind.

Field Use Policy To Council - Leinart In Limbo

A "FUAP" SANDWICH
The Costa Mesa Parks & Recreation Commission met last night and sandwiched the biggie of the evening - the new Field Use Allocation Policy (FUAP) - between some pretty easy issues.  Taking it from the top...

MEDIA ON THE SCENE
When I arrived at City Hall I found the lovely Stacey Butler of Channels 2/9 sitting in a van with her cameraman, waiting for the meeting to begin.  I walked over to her and said, "Well, I guess all it takes to get you out here is Matt Leinert, huh?"  She smiled and said, "Yep".  They covered the early stages of the FUAP issue, then departed.  Nobody named Leinart showed up.

PUBLIC COMMENTS
Following some brief public comments in which Beth Refakes, a member of the Military Affairs Team, reminded us that they are collecting used ball gowns for the women of our adopted Marine battalion, the 1/5 Marines.  Rocky Evans also stepped up again to ask for an extension of hours at the Skate Park.

PRECEDENT-SETTING!
Then we had a VERY unusual situation occur.  City CEO Tom Hatch stepped to the speaker's podium and addressed the Commission and audience with a prepared statement that addressed the controversy unearthed by Scott Reid's article in the Orange County Register yesterday, HERE.  I addressed that article in my previous blog entry.  You'll recall that it said that Matt Leinart Flag Football (Leinart) had misrepresented itself as a non-profit organization and, as a result, was permitted to use fields at a significantly reduced rate.  In order to NOT misstate what Hatch said I have provided the text of his statement for you to review: (Click on the image to enlarge it)

TWO PROGRAMS
He talks about both the Leinart football program and the Friday Night Lights (FNL) program, which have been operating side-by-side at the Jack Hammett Sports Complex this past season.  Ironically, last year there was a similar problem with FNL which resulted in that operation being charged fees retroactively on a payment schedule.  And, in that letter you'll notice Hatch used some peculiar phrases.  For example, addressing the FNL and Leinart programs, he said that while both operate quality programs, "there are concerns about the vicious competition that is occurring."  Later he said, "the competition appears too profit-focused and unhealthy."  This may be THE most weird official communication I've ever seen come from City Hall.  Please take a few minutes to enlarge it and read it.

DE ARAKAL EXTRACTS A COMMITTMENT
Immediately after Hatch spoke - read - Commissioner Byron De Arakal spoke and said he was asking the Leinart folks to step up and agree to pay the back fees to avoid any lengthy analysis and investigation.  Subsequently, Leinart representative Frank Albers - long time Costa Mesa High School Football coach and now a coach at Calvary Chapel High School and who works for the Leinart Program - agreed to that request.  It's not clear that he has the authority to make that commitment and no other person representing the Leinart program spoke last night.  More on that issue later.

PLANT PALETTE
They made short work of the first agenda item - the plant palette for medians along Mesa Verde Drive East and California Street, HERE.  In 20 minutes flat they heard the presentation and voted on choice 2A.

FITS AND STARTS
Then began the long, herky-jerky journey through the FUAP process - a trip that ended three hours later, during which we saw fifteen (15) people speak (some twice!), commissioners wrestle over minor and major changes in the policy and confusion reigning when the final vote was taken.

WHAT IS THAT SMELL?!
First off, I had a strong sense of deja vu, since many of the members of the audience last night were also there for the budget meeting Tuesday, when youth sports was also the cause dujour.  There was so much testosterone in the room one could close his eyes and think he was in a football locker room.

KARLEN LED THE DISCUSSION
Recreation Manager Travis Karlen led the discussion of the new policy, addressing the reasoning behind the changes - there was a lot of "cleaning up" to be done, plus some significant clarification of terms and some re-definition of some issues.  He also spoke of field use in the terms of the practice by some groups of "splitting fields" - taking a full field and fracturing it into several pieces to facilitate practices and games with larger groups.  That discussion thread carried through the entire 180 minute conversations.

JACK HAMMETT SPORTS COMPLEX USE
Much of the discussion revolved around issues at the Jack Hammett Sports Complex, our premiere sports facility, where fields are highly prized and where both the Leinart and FNL programs co-exist - barely.  Issues were wear-and-tear on the fields, safety and parking.  The facility was designed, both from a field-use standpoint and from a parking standpoint, for 132 players on the fields at any one time.  Overflow parking is not readily available, although it might be accessible when construction at Costa Mesa High School is completed.

SPLITTING AND CHARGING FOR IT
The issue of "splitting" of fields was discussed, with the question broached about proper charges if, for example, four-times the number of players are occupying one field because it has been fragmented for that use.  Threshold numbers for Costa Mesa residents were also discussed for several user group designations, but not resolved at that time.

ALBERS FOR LEINART
When representatives of user groups were permitted to address the commission, the aforementioned Frank Albers stepped up and committed that group to pay the back fees.  He indicated they were a good corporate neighbor and were grateful for a place to play.  He said they didn't "compete" with FNL, but you could see that may not have been entirely accurate.   He said, "We're not trying to move anybody out." a couple times.  He indicated that when they split the fields they might have 24 kids playing at any one time.

NON-CONTROVERSIAL SPEAKERS
Representatives from AYSO 97 and AYSO 120 plus the Newport Harbor Baseball Program spoke about their operations.

UNDERSTANDING THE NUMBERS -KINDA
Then Scott Mahaffy, representing Friday Night Lights, stepped up.  Addressing Albers' comments, he said there are "no negatives from us."  As the conversation moved a long it certainly did sound like there is anything BUT a friendly relationship between the two programs.  He expressed concern about the equitability of field distribution, indicating that the Leinart program had three fields for 200 kids and FNL had three fields for more than 800.  He told us that they might split their fields into 4, 4 and 3 for a total of 11 playing venues and that they might have 132 kids playing at any one time - precisely the number Jack Hammett was designed for.  (I found myself thinking, "Yeah, on half the fields!").  That issue got batted around by Commissioner de Arakal, who was attempting to get the actual numbers from Mahaffy.  He never really did get the number.  And, when pressed later by Commissioner Don Harper, Mahaffy acknowledged that there might be 8 kids per side per field, counting substitutes, for a total of 16, not 12 playing in a game on one section of "split"field.  De Arakal tried to sort out how many "games" might be played each night - unsuccessfully.  Here's what I took away from that conversation.  The three (3) FNL fields might be fractured into 11 individual playing venues, on which there would be 8 kids (including subs) playing at any one time on a side, for a total of 16 per game.  16X11=176.  However, there could be as many as four (4) games played on each field each Friday night.  4X176=704.  And, considering that Mahaffy previously told us that he had 860 kids in his program, that number actually seems pretty conservative.

MORE NUMBERS
Albers didn't tell us how many games they played each Friday night, but if you presume they also play four per field, that would give you 4X24 =96, so it certainly looks like 800 kids might be playing on the six Jack Hammett fields every Friday night during their season.  That's a lot of traffic in and out and certainly would fit the description provided by many speakers last night that it's a party atmosphere.  AND it explains the City concern about safety and parking.

LEINART RATIO WAY, WAY OFF
At one point the issue of the ratio of Costa Mesa kids playing on each program came up.  It was stated that only 14% of the Leinart kids were from Costa Mesa - which rocked back all the commissioners.  Later speaker Chris Cox, who works for Lienart, denied that number.

DEMANDS FOR INTEGRITY
Of the other speakers who addressed the commission, several were "regulars" before the City Council and the commissions like Cindy Black.  They spoke in a broader context, stressing that Costa Mesa fields should be, primarily, for Costa Mesa kids; that the drought is going to negatively impact field availability; citing the resignation of Bob Knapp - mentioned in that Register letter - and demanding we operate with integrity and linking contributors to the Leinart program to local politicians

SUPPORT HEAVILY FAVORED FNL
Of those parents and who addressed this issue, far and away most were in favor of FNL, citing the "family atmosphere" of the program.  Only Albers and Cox - also a coach at Calvary Chapel and also a coach with the Leinart program - spoke in favor of that program.  And, as part of the agenda packet there were twenty (20) letters on this subject, of which 17 were in favor of FNL.  The remainder were either against both or against the Leinart program.  The FNL letters appeared to have been driven by a set of talking points.  Clearly, that side of the equation was much more organized.

MIXED SUCCESS
When the discussion turned to making changes to the proposed policy, de Arakal took the lead and attempted to get seven changes made.  He was successful in getting his peers to agree to add language defining the authority of the Assistant CEO in some decision-making segments.  He did not get support to require proof of residency for the kids and also failed to get support for the elimination of Group 6 (non-Costa Mesa adults) programs and fold them into Group 4 with a change in that definition.  It was a 2-2 vote with Commissioner Harper abstaining - something he did several more times last night.  It also happened on a vote to change the demographic for Group 3 users.  That was troubling for me.  If he's not going to vote he might just as well stay home.  He never did give an explanation for a couple of his abstentions.  Very odd.

GROUP 1 STATUS AFFIRMED FOR 3 GROUPS
When the final two votes - the ones requested by the staff - came up, the first one approving the FUAP with changes previously approved passed, 4-0, with Harper AGAIN abstaining.  The second vote, which gave permanent Group 1 status to  AYSO 97, Newport Harbor Baseball Association and Newport Mesa Girls Softball, passed, 5-0.

CONFUSION
Confusion came when the issue of the extension for a year of the Group 3 status for the Leinart program was NOT included in that vote.  Before the earlier vote was taken de Arakal confirmed with Karlen that the Leinart program was still a Group 3 program, which is why it was NOT included in the vote.  Following the break Harper asked the clerk to read the issue they voted on, because he thought there was confusion.  She read the entire paragraph, including the Leinart reference.  When I got home I checked my recording.  That was NOT included in the vote.  Further conversation with staff confirmed that the Leinart remains a Group 3 user group.  The only issue remaining is whether or not it is a legitimate non-profit organization - their representative, Albers, acknowledged it is not  when he agreed to pay the required fees.  And, there is the membership percentage that needs to be fleshed out.  It certainly is NOT qualified to be a Group 3 User with only 14% of the kids being from Costa Mesa.  If that's the case - or if that number is anywhere close to it - the Leinart program would default to Group 5 user status and make it difficult for them to qualify for premium field use.

VERIFICATION METHODOLOGY NEEDED
It was clear to me last night that there needs to be a mechanism to accurately determine the residency and/or other qualifications for every child participating in these programs so the fields can be honestly allocated.  Concerns about the legality and availability of the data quashed that process last night.

TO COUNCIL IN JULY
This new policy will be sent to the City Council for approval in July so user groups can get on with their fall registrations.  According to the staff, there really is no wiggle time available.  It is hoped that the "Leinart" issues will be resolved by then.

GREAT IRONY
It was quite ironic last night,  as I sat there and listened to speaker after speaker extol the virtues of their various programs - citing the life-lessons the kids learn, like sportsmanship, hard work, teamwork, leadership and all the other obvious lessons one gets from playing a team sport coached by strong leaders - realizing that the two programs that got the most discussion last night, FNL and Leinart, both exist under huge clouds involving the honesty and integrity of their leadership.  It just seemed out of whack to me.  This segment of the meeting ended at 9:57 p.m.

"BOB'S BENCH" APPROVED
The placement of a "temporary for one month" bench in Fairview Park requested by Graham took ten minutes and resulted in the bench being placed there permanently.  The commissioners felt no "study" was necessary and it was within their purview to order the bench installed.  Graham was happy.

TREE REMOVAL REQUESTS - 3 OUT OF 4 APPROVED
The two separate tree removal requests moved briskly.  The first one, at 871 Prospect, resulted in both trees being approved for removal.  The second one resulted in one of the two being approved for removal.  This seems like an every-meeting occurrence, since there has been ongoing dialogue between the staff and the neighbors who live in that enclave near the ramps from Bear Street to the 73 Freeway.  Canary Island Pines, planted by the developer decades ago, have begun to destroy the block walls in that neighborhood.  So far, only one neighbor has opposed the tree removal requests - she also appeared last night and sat as far from the other eight neighbors in the auditorium as she could during the proceedings.  The others spoke in support of the removals.  Both items were completed by 11:00.

BART'S BRIEF REPORT
Parks Project Manager Bart Mejia gave a very brief report on the status of some pending projects, including the launch of the consultant study for the update of the Parks Master Plan.  We were out of there at 11:15 p.m. - the same day, for a change.

Matt Leinart Flag Football Controversy

DIDN'T POST ABOUT IT BECAUSE...
I've avoided posting about this issue specifically because, since the Orange County Register story by Scott Reid, HERE, was published yesterday, this issue has gone viral locally and is now reaching audiences across the country.  It seems that practically everyone has posted about it on Social Media and my brain began to hurt just thinking about it. (Just a FYI, Brad Zint wrote about this in real time almost 18 months ago in the Daily Pilot, HERE)

BUT, I FEEL COMPELLED
However, in case you're among the two or three people who have NOT heard about this - and because it is part of the Costa Mesa Parks and Recreation Commission agenda tonight, HERE - I feel compelled to provide some information on it.

CHEATED FOR SPECIAL TREATMENT
The shortest version I can provide is, according to the article, the Matt Leinart Flag Football program apparently used the non-profit status of a separate foundation to get special treatment for field use in Costa Mesa - and, apparently, other cities as well.

SERIOUSLY PROBLEMATIC
This is seriously problematic anywhere, but especially in Costa Mesa, where user groups have been screaming for more fields for the children of our community for years!  To have a for-profit group elbow its way up the line to get rare premium field space using false information is unconscionable - at least.

OFFICIALS INFLUENCED THE DECISION
The article indicates that Mayor Steve Mensinger and Councilman Gary Monahan used their influence to get the Leinart program preferred status, and that Recreation Manager Bob Knapp resigned because of this controversy.  The article says, in part:

Knapp said he thought the access to those fields should be granted to other sports organizations that had greater interest in the community and because the city was already renting field space to another flag football league.

Knapp said he was also uneasy because the Leinart league did not meet requirements for having certain percentages of participants that are Costa Mesa residents.

“I was instructed by (Costa Mesa CEO Thomas R. Hatch) to make it happen for them, get them the fields," Knapp said referring to the Leinart league. “So I decided to move on.”

FINANCIAL ISSUES

The article also discusses financial contributions made to Costa Mesa school youth sports groups by the Leinart group.

UNANSWERED QUESTIONS... MAYBE TONIGHT
As I said, this is seriously problematic and casts a huge shadow over how city officials handled this matter.  The roles played by Mensinger, Monahan and the direction apparently given by CEO Tom Hatch require some explanation.  Tonight, at the Costa Mesa Parks and Recreation Commission meeting, we all should have a chance to have some light shed on this issue - or not.  It seems to me that the prudent thing to do is to NOT approve the extension at this meeting, but to use the time between now and the next one, in July, to thoroughly flesh-out the issue BEFORE perpetuating what appears to be a serious mistake.  I guess we'll see.   

SEE YOU TONIGHT...

The meeting begins at 6:00 p.m. in City Council Chambers at City Hall, 77 Fair Drive, Costa Mesa, CA.