Decomposed Granite Trail Drama Continues

 MORE COST TO THE CITY
As mentioned in my earlier post, tonight the Costa Mesa City Council will meet to discuss a variety of things.  This post addresses Consent Calendar item #7, the "BUDGET ADDENDUM TO ENGAGEMENT OF LEGAL SERVICES LETTER WITH MEYERS, NAVE, RIBACK, SILVER & WILSON AS SPECIAL LEGAL COUNSEL ON FAIRVIEW PARK".  You can read the staff report HERE, which includes links to the original December 6, 2013 agreement and the proposed extension of this assignment.

LAWYERS BACK TO THE TROUGH
The original agreement was for $50,000, which has apparently been used up.  This addendum extends the assignment and requires another $38,190, which will come from CEO Tom Hatch's million dollar contingency fund.

INTERESTING SCOPE OF WORK
The reason for this extension is very interesting.  Here's the section of the extension agreement that describes what this will cover:

"STEVE'S PATH"
We are presuming this deals with the destruction of vernal pools in the Southwest Quadrant of Fairview Park - that effort directed by current Mayor Steve Mensinger and described in the correspondence provided by public records requests by city staffers as "Steve's Path" - that has required thousands of dollars to attempt to mitigate.  It's our understanding that the mitigation work was completed many months ago, so I'm wondering what this legal work is all about?

 User Defined Trail

 Graded Path

Decomposed Granite Path

Removal Process

WHAT DOES ALL THIS REALLY MEAN?

• The first item is curious, since we thought that function had already been completed.
• The second item - permits - is also curious.
• The third item involves working with "enforcement special agents" from the USFWS.  On what?
• The fourth item involves meetings and correspondence with the U.S. Attorney!

AN EXPLANATION, PLEASE...
So, what's the story here?  It's been nearly two years since Mensinger directed City Staff to "do something" about the user-defined path that ran along the fence line that separated the Waldorf School/Estancia High School from Fairview Park.  That path encroached in at least one protected vernal pool and the "fix" - the decomposed granite trail that was wide enough to drive a dump truck on - further defiled those protected areas.

WHAT'S THE CURRENT STATUS?
USWFS enforcement officers?  U.S. Attorney?  What's the nature of this situation right now?  We won't find out unless someone pulls this item from the Consent Calendar and asks those questions.  Even then, there's no assurance that we'll actually get answers.

IS THE FUTURE OF FAIRVIEW PARK IN JEOPARDY?
All the current hoopla about sports fields in Fairview Park - which has been put on hiatus for now - could be cut off at the knees if the USFWS, in concert with the U.S. Attorney, finds that we, The City, have been poor stewards of this land and slams the door on any further "enhancement" of that land.  Who knows... maybe they will take the management of Fairview Park away from us... it's my understanding that it could happen.

BLASTING THE FAIRY SHRIMP...
All this because a guy who would rather spend his recreational time plugging helpless critters using a high-powered rifle with a scope than try to protect the habitat within our city boundaries.  This is a guy who apparently cannot stand to see a patch of land without a playing field, parking lot, multi-story dwelling complex or shopping center on it.  Let's hope his actions have not done irreparable damage to our relationship with USFWS on this issue.  If it has, he - personally - should be held accountable.

SHOULD MENSINGER BE EXCLUDED IN THIS DISCUSSION/VOTE?
My final question on this issue is, since this whole thing is a direct result of HIS actions - which has cost the City thousands of dollars in legal and mitigation fees - should Mayor Steve Mensinger be excluded from ANY conversation and vote on this issue?  It seems appropriate for him to be excluded on this issue.

US Fish and Wildlife Addresses Fairview Park(AMENDED*)

THE LETTER...
In an eleven (11) page letter to Bart Mejia, a Senior Engineer in the Public Services Department of the City of Costa Mesa dated July 24, 2014,  Karen A. Goebel, Assistant Field Supervisor for the United States Fish and Wildlife Service (USFWS) - a part of the Department of the Interior - addressed many issues that have arisen from the installation of the now-infamous illegal Decomposed Granite Path that encroached on protected areas that included the San Diego fairy shrimp within Fairview Park.  You can read the entire letter HERE.

...A CLEAR MESSAGE
After providing several pages of background on the issue, Goebel, beginning on page five (5) of her report, under the heading: Restoration, protection, and management of vernal pools in Fairview Park, outlines the City's responsibility to comply with the Endangered Species Act of 1973 and says, "In consideration of the degraded condition and management needs of the vernal pool habitat within Fairview Park, implementation by the City of the following measures would help ensure that the San Diego fairy shrimp population within the coastal terrace vernal pools at Fairview Park remains viable."

THE LIST OF ACTIONS REQUIRED
Under the following headings she lists specifics of what is expected of the City by the USFWS in that regard:
1 - Watershed Restoration
2 - Permanent Protection
3 - Fencing and Paths
4 - Public Education
5 - Trash
6 - Mowing, Weed Control, and Pesticide Use
7 - Employee Education
8 - Patrol 
9 - Biological Monitoring
10 - Adaptive Management
11 - Fairview Park Master Plan Update

You can review the report for the very expansive explanation of each.

ANTICIPATED FENCING
For example, on page seven (7) of the report the following image appears, which shows in red the fence lines they expect to be established to protect the watershed and habitat.  Take a close look... this is a really BIG deal!  For example, if you're a member of the Harbor Soaring Society, you're going to have big problems retrieving errant plane landings in and around the rubble pile that is just to the west of their "airstrip".

WHAT ABOUT THE DG PATH?
The only mention of the investigation of the construction of the Decomposed Granite Path is near the end of the letter.  Goebel's says, "These are the measures that are needed to protect San Diego fairy shrimp and their habitat in Fairview Park and are not intended to offset the damage caused by path construction.  Issues relating to take that may have been caused by path construction remain under investigation by the Service at this time and will be addressed separately in the future".  So, those folks responsible for the desecration of that habitat "for the kids" are not yet off the hook.  I suspect the folks at the USFWS are not happy about it.  We look forward to learning what kind of penalties might be imposed on the City, or individuals, for the damage that was done.

THE SOUTHEAST QUADRANT*

When I made my first run through the letter I completely ignored what may be, as a friend mentioned, the 800 pound gorilla - the East side of Placentia.  In a paragraph that begins at the bottom of page eight (8) and continues to page nine (9), Goebels says the following:
"Three additional vernal pool areas, located east of Placentia Avenue, require additinoal surveys to determine if San Diego fairy shrimp and/or sensitive vernal plant species are present.  We recommend the City delineate the watershed of the three pools in the near future and avoid impacts to the waterhsed areas until protocol surveys (Service 1996) can be completed.  Positive survey results may require changes in management actions to address San Diego fairy shrimp.  The City should coordinate adaptive management with the Service prior to implementation."

Yikes!  As I, and a few others, read it, this could put the old kibosh on ANY activities on the Southeast Quadrant of the park - that segment that the Fairview Park Citizens Advisory Committee is scheduled to begin addressing on August 6th.  This is, indeed, that 800 pound gorilla!  There seems to be no reason for the committee to continue to meet on this subject until this issue is resolved.

COMMUNITY INPUT SOUGHT
It's my understanding from Mejia that a meeting will be scheduled with USFWS to be sure the City clearly understands the full meaning and scope of the work involved.  The City will also be soliciting input from the community on this issue.  There is a meeting of the Fairview Park Citizens Advisory Committee scheduled at 6:00 p.m. at the Neighborhood Community Center, 1845 Park Avenue (Lions Park) on August 6, 2014 during which the committee will begin discussing ideas for the Southeast Quadrant of the park.  There will be a Public Comments segment PLUS opportunities to comment on individual items.  The Public Comments segment might be a place where concerned residents could address THIS item.  And, you can aways send your thoughts to Bart at his email address at City Hall: baltazar.mejia@costamesaca.gov.  That's a hot link, so you should be able to just click on it to compose your message.

Hatch - City To Rope Off Vernal Pools Monday

THE DRAMA CONTINUES
In the ongoing drama of who did what to the now-infamous Vernal Pool #6, Friday afternoon Costa Mesa CEO Tom Hatch announced a plan to install temporary ropes around it where it abuts the fence that separates Fairview Park and Parsons Field.  He goes on to say that a park ambassador will direct visitors and their parents who use a nearby sports field around the protected area.  You can read his entire statement HERE.  This is going to be very interesting, since there doesn't seem to be any good way around the now-defiled pool without tromping over a similar area at what is known as Vernal Pool #5.

FAILED RESPONSIBILITY
It's truly unfortunate that the city failed to fulfill its custodial responsibilities and mark the pools more than 15 years ago as was agreed with the federal government.  You can read some of the various agreements as listed HERE.  If the city had been more diligent in years past it's likely that this whole mess might not have ever occurred because the pools and the required 10 foot buffers would have been clearly delineated.  It's too late now.

POTENTIAL MITIGATION MEASURES
In an earlier post we discussed the letter that had been sent to the United States Fish and Wildlife Service (USFWS) which included several potential mitigation measures for the segment of Vernal Pool #6 that has been destroyed by the decomposed granite (DG) path.  You can read the entirety of that communication HERE.

 (Image courtesy of LSA Associates)

CULPRITS SHOULD FESS UP!
The fact remains that this mess began with a request by Mayor Pro Tem Steve Mensinger to abate weeds along a user-defined trail that ran parallel to the fence in question about four feet out into Fairview Park.  That trail encroached into Vernal Pool #6 at the fence line near Jim Scott Stadium.  To date, as far as I know, nobody has taken responsibility for the installation of the DG path.  However, investigations continue into this matter and it is VERY likely that the identity of those responsible will soon be known.  In my view, it would be far better for them to step up, admit their error and offer to assist in whatever mitigation measures are determined to be necessary and required by the federal government.

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The Great DG Trail Mystery Unraveled (Almost)

DISCUSSING "THE PATH"
It seems the two issues swirling around Costa Mesa these days are the 60th Anniversary celebration scandal and the mystery of the decomposed granite path that runs along the fence separating Parsons Field/Waldorf School and Fairview Park.  Let's talk about the latter, shall we?

A PAPER TRAIL, WITH GAPS
I'm in possession of an email thread that provides some clarity to how the user-defined trail evolved into a more than 8 foot wide decomposed granite path that encroaches on a federally-protected vernal pool - #6.  What is missing in that email thread is what launched it in the first place and how, and who, eventually installed the DG (decomposed granite).  I've been able to fill in some of the blanks.

HOW THIS BEGAN...
It seems that earlier this spring, in May, Mayor Pro Tem (and Pop Warner Booster President) Steve Mensinger verbally asked Director of Public Services Ernesto Munoz if something could be done to knock down the weeds along a user-defined trail.  That conversation was followed by a short email from Mensinger to Munoz asking what can be done to move it along, and included a photo of the path(below).

HERBICIDE DIDN'T DO THE TRICK
Staff replied to Munoz that herbicide had been applied but it seemed to be a less-than satisfactory solution.  A week or so later the staffer was able to run a mower over the area to enhance the trail, which now became the approximately 8 foot-wide path shown below. 

VOILA! A DG PATH!
The end of June I received a photograph and correspondence from a park user indicating that this mowed path now had DG installed and wondered if the city did this work, or if it even knew about it.  When my correspondent approached the men spreading the DG they were confronted by them, wanting to know why they were taking photos.  I forwarded the information to Munoz, who passed it along to the staffer, who subsequently acknowledged the installation of the DG and indicated that we, the city, didn't do it, but whomever did it did a good job on it.  In the correspondence there is mention that "Pop Warner Boosters" did the work, but I can find nobody who can confirm that supposition.

TRAIL AND PATH ENCROACHED ON VERNAL POOL #6
Unfortunately, the new path - and the mowed path before it - significantly encroached the unmarked borders of Vernal Pool #6.  You can see the boundaries marked with yellow flags.  In fact, the original trail also encroached on those boundaries, too. The boundaries were never marked - according to councilwoman Sandra Genis, part of our deal with the federal government was that we would not only identify and protect the borders of ALL vernal pools in Fairview Park, but would also delineate a 10 foot buffer zone around each one to protect them -  and that contributed to the encroachment in this case.

  (Image courtesy of LSA Associates)

A STAFF ERROR
It seems to me that an error by city staff probably contributed to the initial mowing of the path, which was exacerbated by some group of people who, without permission or permits, overlaid the DG on the newly-mowed path.  Unfortunately, neither Mensinger nor those who did the DG work have had the courage to step up and say, "Yeah, I did it!"  That's a shame.

SOLUTIONS
Now the City is trying to resolve the problem.  It has hired LSA Associates who has provided a biologist to mark the boundaries of ALL vernal pools presently unprotected on both sides of Plancentia Avenue, including Vernal Pool #6.  As part of their actions they have prepared a memo to the city which includes four options to the remediation of the encroachment on Vernal Pool #6.  You can read a section of that memo in the image below.  Click on it to enlarge it.

WAITING FOR THE FEDS
This memo has been sent to the United States Fish and Wildlife Service (USFWS) for their review.  Munoz expects to hear back from that organization within a few weeks.  At that point, action will be taken based on the USFWS decision to mitigate the damage.

MOVING #6
Based only on the choices shown above, it seems to me that the better of the four is #4, which involves "relocating" Vernal Pool #6 to a nearby location - probably contiguous with the much larger Vernal Pool #5.  That will involve grading the new location to ensure water flows into it, then scraping the dirt which contains the critters presently dormant at that location and transplanting it into the "new" pool.

NO WORD ON DAMAGES
We don't know yet if the federal government, through the USFWS, will seek any kind of punitive damages for the encroachment on the vernal pool.

DISAPPOINTED
I'm disappointed that this whole thing happened, but more disappointed that our mayor pro tem doesn't have the guts to admit his part in this whole mess.  It's hard to measure a man's character while he's on the campaign trail.  It's only when he's in office - and in a position to do significant damage - that this kind of thing turns out up.

STEP UP, STEVE!
So, I'm asking him - and any of his cronies that may have participated in this situation - to step up and offer to assist in the remediation measures, whatever they might be.  I'm not asking them to pay a fine if one is imposed by the federal government.  I am asking them to participate in cleaning up the mess they helped cause.  I'm asking Mensinger to step and be a man...

A "CART PATH"?
Incidentally, I've heard a rumor that a football booster organization may be offering "preferred parking" at the Waldorf School parking lot for games at Estancia High School, which includes being ferried up the hill to the stadium in golf carts - along that nice, new DG path.  I tried to verify that rumor but have had no success so far.  If any reader knows more about it please let me know via the email address on the profile page of this blog.