I-405 Toll Lanes A "Dangerous, Slippery Slope"

KIM AND HARPER ANNOUNCE AB 1459
This morning - on a bright, sunny morning, in a parking lot on the haunches of the I-405 Freeway in Costa Mesa - Fullerton Assemblywoman Young Kim, Huntington Beach Assemblyman Matt Harper and several members of the 405 Freeway Cities Coalition held a press conference to announce the introduction of Assembly Bill 1459, co-authored by Kim and Harper.

 WOULD REQUIRE A 2/3 VOTE OF RESIDENTS
The bill, if passed, would hamstring the efforts of CalTrans to turn segments of major Orange County highways into toll roads by requiring a 2/3 vote of Orange County voters before ANY "toll facilities" could be constructed or implemented on any public highway in Orange County.  "Toll Facility" is described as, "a toll road, toll bridge, toll lane, or any other facility on a public highway within boundaries of the County of Orange for which a toll is to be charged, and includes the entire length of the portion of the public highway that is subject to the toll".  It also includes a high-occupancy toll lane.

MANY ELECTED REPRESENTATIVES PRESENT
In addition to Kim and Harper, those present included Costa Mesa Rookie Mayor Steve Mensinger and Councilwoman Katrina Foley; Huntington Beach Mayor Jill Hardy; Westminster Councilwoman Diana Carey; Seal Beach Councilman Gary Miller; Fountain Valley Councilman Mark McCurdy and Rossmoor Community Services District Director Ron Casey.  There were also representatives of the Transportation Corridor Agency (TCA) present to observe.  It is the extension of the San Joaquin Toll Road that got this whole thing going in the first place.  Their organization will make a presentation at the Costa Mesa City Council meeting tonight.

THE MEDIA
The event was covered by ABC, NBC, PBS SoCal, Radio Station KFI, The Daily Pilot and a couple bloggers - Vern Nelson from The Orange Juice Blog and me.

HARPER LAUNCHED, THEN HANDED OFF TO CAREY
Harper kicked the event off by making introductions and a short speech.  He then handed the baton to Carey, who provided some background on this issue and emphasized the need for the proposed widening of the I-405 through the corridor cities - Costa Mesa, Fountain Valley, Huntington Beach, Westminster, Seal Beach and Los Alamitos - in which $1.3 billion of Measure M2 funds are proposed for this project.  She stressed the lanes should be FREE lanes, including any High Occupancy Lanes.

MILLER NEXT UP...
Next Miller, the Seal Beach councilman and member of the Orange County Transportation Authority (OCTA) Board, spoke.  He also stressed the need to NOT build Toll Lanes.

KIM CARRIED THE BALL

Next up was Young Kim, who described this attempt to hijack the freeway expansion for use as a toll facility as a "dangerous, slippery slope".  She said "We cannot allow Caltrans to force toll lanes down our throats."  She emphasized that it should be the decision of the residents of Orange County, not the state bureaucrats in Sacramento".  She stated that, "the Orange County Transportation Authority has twice voted to reject toll lanes of the I-405, yet Caltrans continues to try and march forward."  She painted a picture of such toll lanes being created throughout the state if this initiative by Caltrans is not successfully opposed.

NO VISIBLE STATEWIDE DEMOCRAT SUPPORT

I heard the speeches and agree with the idea, but worry about the ability of Kim and Harper to get this bill passed in a greedy, tax-oriented Democrat-dominated legislature.  For example, while there were local elected Democrats at this press conference, there were NO state-wide elected Democrats present.  This does not bode well for the possibility of this bill passing.  I hope they can convince some Democrats in the Assembly and/or the Senate to hop on board with this bill, or I fear it will follow the same path that most bills introduced by Republicans recently have taken - straight into the toilet.  I guess we'll see.  Stay tuned...

OCTA Board Kicks The Can Down The (Toll) Road

"HOT" TIME AT THE OCTA BOARD MEETING

In what was reported to be another raucous meeting last Friday on the proposed plan to impose two High Occupancy Toll (HOT) lanes on the driving public on the I-405 from Costa Mesa to the Los Angeles County Line, the Orange County Transportation Board decided to defer a vote on the issue until their meeting on December 9th.

 (The dreaded Alternate #3)

TWO EXCELLENT REPORTS
I did not attend the meeting, but Nick Gerda of the Voice of OC provided an excellent report of the proceedings, HERE.  And, if you're looking for a report of the event with a little more "spice", try Vern Nelson's take on the meeting in his Orange Juice Blog entry, HERE.

RIGHEIMER RANTS
Both of the accounts mention comments by our mayor, Jim Righeimer, and quote other politicians, too.  Both are worth a read. 

STALLING FOR TIME...
I suspect the members of the OCTA Board who are inclined to vote to move forward with the HOT lane concept may think the December meeting - with holidays, not toll roads, in most of our minds - might make for a "kinder, gentler" meeting at which they could impose their will on us with fewer angry residents there to oppose them.  Righeimer as much as promised to "pack the place" on December 9th.

KEEPING THE PRESSURE ON...
So, the beat goes on and representatives of the corridor cities who oppose the HOT lane concept will keep the pressure on the Board.  And, we can also participate by going to the Costa Mesa web site, HERE, and write to each of the board members to express your views.

Dave Ellis Attacks Bob Ooten - Really?

OOTEN'S COMMENTARY
On March 30, 2013 Costa Mesa Sanitary District Director Bob Ooten published a commentary in the Daily Pilot, HERE, in which he defined his decision to forgo the stipend he would normally receive for his service on the board as a way to offset some of the costs the District incurred during their legal challenge to Jim Fitzpatrick's claim that he was entitled to hold a seat on the Board despite two separate legal opinions that holding that seat and one on the Costa Mesa Planning Commission formed a conflict.  You may recall that this fiasco went on for months before Fitzpatrick finally resigned his Sanitary District Board seat rather than continue the legal wrangling.

PIT BULL ATTACKS - WHY?
Over the weekend OC GOP uber-operative Dave Ellis penned a letter to the Daily Pilot that just dripped in sarcasm, challenging Ooten's sincerity in his earlier commentary.  You can read his contribution to the "Smart Ass Hall Of Fame" HERE.  I'm trying to figure out what would prompt Ellis, who is NOT a resident of Costa Mesa nor is a ratepayer of the Costa Mesa Sanitary District, to exercise his limited, but caustic, critical skills on a mild-mannered, sincere public servant like Bob Ooten.  I mean, what's his interest in this issue?  Does he have a dog in this fight?

OH, NOW I UNDERSTAND...
As I considered that question I realized that Ellis is a cohort of Buck Johns and Fitzpatrick has recently been shilling Johns' EB-5 visa plan to wealthy Newport-Mesa residents.  In fact, Fitzy's recent communication on the subject described Johns as a "Titan of Industry" - not a surprising description for a bootlicker like Fitzy to use for one of his benefactors.  For more on the Ellis/Johns relationship, just Google "Dave Ellis+Buck Johns".

JUST WHO IS DAVE ELLIS?
We need a little perspective here.  You need to know that Dave Ellis - who prefers me to refer to him as "David Ellis" - fancies himself a kingmaker locally.  He's presently a member of the 32nd Agricultural District Board of Directors - the Orange County Fair Board - and apparently was one of the major players behind that group's attempt to buy the Fairgrounds on the cheap a few years ago.  Following a long investigation by a group approved by the current Fair Board, that issue has been delivered to the Orange County District Attorney's office.

A PLAYER OF DIRTY TRICKS?
Ellis has also long been involved in local politics, representing many local politicians in their quest for office - including current Newport Beach councilwoman Leslie Daigle in her campaign when she was challenged by current Orange County Register columnist Barbara Venezia.  Venezia dropped out of the race when the Ellis-directed campaign began attacking her husband's business.

SOME READING MATERIAL FOR YOU...
Let me provide you with some interesting reference material about Dave Ellis.

On 11/28/2002 Anthony Pignataro authored a piece in the OCWeekly titled, "Backstabber (Ellis screws friends and enemies alike)", HERE.

In 2007 the Newport Beach Voices blog offered  an entry titled "King David Ellis of the Orange County Fair," HERE.

Early in March, 2011, Vern Nelson published an item on the Orange Juice Blog titled, "Who is Dave Ellis?  A Portrait of our Fair Board Chairman", HERE. 

In June of 2011 Chasen Marshall published an entry in the OCWeekly titled, "David Ellis Opens Up About the Fair Board Foundation, the Appraisal and His Reputation", HERE.

And, just a few days ago, InlandPolitics.com published an entry that includes references to Ellis titled, "DA Advisor Entangled In Second Political Prosecution", HERE.

OPINIONS, PLUS SOME FACTS...

I make no claim about the "facts" provided in any of those links, but they may give you a view of Dave Ellis and his modus operandi that might be helpful to you as you try to answer that question above: "What's his interest in this issue?"  I wondered, for example, whether Buck Johns has retained him to attack Ooten for his part in the challenge to Fitzy's position on the Sanitary District Board.  It's just a question that seems reasonable to ask under the current circumstances.

DON'T MESS WITH DAVE...
I can tell you one thing, though, from personal experience.  Don't let that smiling face, above, fool you - Dave Ellis is not a guy to trifle with.  I've found his sense of humor limited to only those clever comments he authors - like his attempt to pillory Ooten in his most recent public pronouncement.  He doesn't take kindly to criticism.

WAITING FOR HIS CALL...

History tells me that I will soon have a communication from Ellis, complaining about this entry and accusing me of trying to defame him - kind of like what he did to Ooten.  Of course, I've done nothing of the sort.  I've just provided information from my personal experience with him, an opinion of his attack on Ooten and links to information that will help you with some perspective on him.  He has my number...

Fair Board Changes Guarantees Entertainment

MEDIA GUSHES ABOUT NEW FAIR BOARD MEMBERS
Over the past twenty-four hours the local media - print and electronic - have boiled over with the report that Governor Jerry Brown has made two new appointments to the 32nd Agricultural Association Board of Directors, commonly known in these parts as the Orange County Fair Board.


BALANCED APPOINTMENTS
The two new members are attorney Ashleigh Aitken, a 36-year-old Democrat from Anaheim and businessman Stan Tkaczyk, a 66-year-old Republican from Newport Beach. Aitken has a solid background in her profession and is the daughter of Uber-attorney Wylie Aitken. Tkaczyk is a retired president of Rainbow Disposal Company and is the husband of the irrepressible Orange County Register columnist, Barbara Venezia. I don't know Ms. Aitken, but Stan and Barbara are friends.

READ OTHER VIEWS
As I mentioned, local media outlets covered this story like a blanket. You can read Lauren Williams' Daily Pilot article HERE and Jon Cassidy's Orange County Register coverage HERE. In addition, you can read Vern Nelson's Orange Juice Blog almost apoplectic coverage HERE and Norberto Santana, Jr.'s coverage in the Voice of OC HERE. A note: Stan Tkaczyk is a member of the Voice of OC Board of Directors.

ANTICIPATING SPARKS
I, perhaps to a lesser extent than Nelson, almost salivate at the idea of Stan Tkaczyk sitting side-by-side with Dave Ellis on the Fair Board. I suspect the sparks between them might resemble some of those high school physics experiments some of us performed that shot sparks several inches and made us jump. Some will recall that Ellis, while the political advisor to current Assembly candidate Leslie Daigle in her Newport Beach City Council campaign against Venezia in the last decade, went beyond propriety and attacked Tkaczyk's business, which had been sold to its employees. Rather than subject those innocent workers to harassment, Venezia dropped out of the race. Memories of that event linger.

GOOD MOVE BY GOVERNOR BROWN
Personally, I think these two appointments will go a long way to producing solid, balanced decisions by this Fair Board. You can read the current roster HERE. The one-sidedness of the previous board led to mischief, much of which has been flogged at length by opponents of the bogus plan to sell-off the Fairgrounds that raised the community blood pressure for a couple years. I hope, however, that as other Fair Board terms expire, the governor will not permit the political pendulum to swing clear to the other side and only appoint liberals. The community is not well-served by a Fair Board that tilts extremely to either side.

THEY JOIN THE BOARD THURSDAY
Congratulations to both Ashleigh Aitken and Stan Tkaczyk on their appointment to the Fair Board. They will be officially welcomed to the Fair Board at its meeting Thursday, February 23rd at 10:00 at the Fair headquarters building. Tkaczyk got the jump today when he was sworn in by Judge Steve Bromberg - a former mayor of Newport Beach - in his court room. Barbara Venezia, in her own special way, was there to record the event as one of her "Barbara's Bits", and has permitted me to share that video clip with you.

Fairgrounds Festering Wounds...

IN CASE YOU WERE DOZING...
Just in case anyone is trying to forget about the future of the Orange County Fair and Event Center, some local bloggers just keep on picking on the scab and the results are festering wounds that just will not go away.

VOICE OF OC STILL ON THE CASE
For example, the Voice of OC blog, an investigative site edited by Norberto Santana, Jr., has been on top of this issue since the beginning. Santana and his amigos at that site have done a pretty good job of providing us with timely information. You can read his most recent entry, "State Political Watchdog Launches Investigation into Ackerman's Fairgrounds Dealings" HERE. He tells us that the state Fair Political Practices Commission has now inserted itself into this quagmire, trying to determine if former State Senator Dick Ackerman violated the law when he represented the Fair Board in their attempt to get the Fairgrounds put on the sale block, then buy it for themselves.

VOICE OF OC LIST OF ARTICLES
Additionally, there is also a list of other Fairgrounds-related articles from that site HERE. If you scroll down the list you'll get a pretty good idea of the history of this mess over the past few years.

GIDDY UP, DAVE!
Then, over at the Orange Juice Blog, Vern Nelson has jumped astride Fair Board President David Ellis and is putting the spurs to him in an entry titled, "Who is Dave Ellis? NOW UPDATED with Inland Empire dirt!", HERE. After you read this one and the attached comments you'll ask yourself if it's safe to go out at night!

THE BEAT GOES ON...
So, the drama continues. Recently the Fair Board wrote to new Governor Jerry Brown's office, presenting it's proposal for a revenue sharing scheme. No word from Sacramento that I know of on that subject. Still pending is the court case - we won't know anything about that until next month - and the up-coming Fair Board meeting on Thursday, February 24th. You can find the agenda for that meeting and links to the staff reports HERE. I suspect many of the local activists opposed to the sale of the Fairgrounds, including former Costa Mesa Mayor Sandra Genis - President of the Orange County Fairgrounds Preservation Society - will appear and present views on some of the more important issues on the agenda.

Good Crime News, E-Verify & Phu Nguyen

COSTA MESA VIOLENT CRIME DOWN
Tuesday evening, in the Daily Pilot online, Joe Serna reports that - according to FBI statistics - violent crime in Costa Mesa dropped 14% in 2009! You can read Serna's article, which includes the details, HERE.


GREAT NEWS IN TOUGH TIMES
This is terrific news and a great testament to those brave men and women who patrol our streets and try to make our city safer. We only hope the current budget constraints, and the current salary negotiations, won't keep them from continuing to perform at such a high level. Kudos to the Chief Chris Shawkey and the men and women of the CMPD.

MANSOOR TOUTS E-VERIFY
Our formerly young, and former jailer, Mayor Allan Mansoor has been getting a lot of press recently. For example, the media is all abuzz about his latest scheme to quash what he perceives to be a marauding hoard of illegal immigrants in Costa Mesa - to REQUIRE the use of the federal E-Verify program. This was discussed at the city council study session Tuesday. I was not there, nor have I seen the tape of the meeting yet, but I'm told that Mansoor stuck close to his request as presented in the staff report.

ONEROUS DEMAND ON BUSINESSES
Not only will his plan require the City of Costa Mesa to utilize E-Verify, but he would require every NEW BUSINESS to agree to use E-Verify before a business license could be issued. Additionally, Mansoor also wants to require EVERY EXISTING business to use E-Verify on all it's current employees before a license renewal could be issued.

MANSOOR TO ASK FOR FUNDING FOR RESEARCH
It's my understanding that Mansoor will bring this item before the council in a future meeting, seeking authorization for the staff to do exhaustive research and create the appropriate legal documents needed to implement such a plan. This seems like an unnecessary, costly (in these difficult budget times) and intrusive measure - one that will certainly not endear Mansoor to the business community. Much like his "rule of law city" resolution, this is just another grandstanding move on his part to gin up votes for his faltering Assembly race against Phu Nguyen. Cindy Carcamo and Jon Cassidy of the Orange County Register did an excellent article late Tuesday on this subject. You can find it HERE.

ORANGE JUICE BLOG PIECE ON MANSOOR
There's a very interesting piece about Mansoor on the Orange Juice blog by crooner Vern Nelson that is part of a series of articles on that site about our aspiring assemblyman. I think you'll find this particular one especially entertaining. You can find it HERE. Enjoy.

A VIEW OF PHU FOR YOU
Finally, before I close, I want to provide you with some perspective. The following little video clip from YouTube presents a view of Mansoor's opponent in the 68th Assembly race - Phu Nguyen. I know you'll find it interesting and gives you a way to compare his background and qualifications to those of Mansoor.

A Busy Week Ahead

PLANNING COMMISSION WILL DISCUSS - ????
Chairman (and assumed City Council candidate) Jim Righeimer will lead the Planning Commission in it's monthly meeting on Monday, July 12th at 6:00 p.m. in the Council Chambers. I'd love to tell you about the agenda, but something is amiss with the link on the City web site. If I hear more during the day I'll post an addendum to this segment.

ADDENDUM: OK, got the confusion (on my part) out of the way. Tonight the Planning Commission will have a fairly normal mixed fare of issues to consider, beginning with a Code Enforcement Update. Following 5 public hearings, a couple of which may be continued to a future meeting, they will hear Staff's request for direction on three separate items that will take more than 4 hours of staff time to complete. Council policy requires such items to be specifically approved by the council. If the Planning Commission approves the request for direction these items will be bucked up to the City Council for it's decision.

THE CITY COUNCIL WILL BE VERY BUSY ON TUESDAYThe City Council will have one very busy day on Tuesday. First, they hold a Study Session beginning at 4:30, during which they will discuss four items:
1 - Maintaining the Standard of Care in Emergency Medical Services (EMS)
2 - Proposed Municipal Code Revisions and Code Enforcement Priorities
3 - Street Sweeping Services Analysis
4 - Central County Corridor Major Investment Study Report

The first item recommends a fee schedule for EMS services.
The second, which is covered in a 38 page staff report, deals with temporary signs (banners on commercial properties; storage of inoperative vehicles on residential properties; a Pilot Neighborhood Enforcement Program and the possible reassignment of supervision of Code Enforcement to the Assistant City Manager.

The third provides a report showing our current street sweeping procedures are the most cost-effective method as opposed to turning it over to private contractors.

The fourth is simply a briefing.

POTENTIAL RDA LITIGATION
Then, following the Study Session, the council will morph into the Redevelopment Agency for a joint meeting of the City Council/Redevelopment Agency beginning at 6:30 or thereabouts. From the agenda report, it looks like most of it will be a closed session to discuss what appears to be four Affordable Housing Agreements that have gone sour.

SHIFTING BUCKS
In open session they will meet as the Redevelopment Agency to approve an additional budget item of nearly $150,000, which is simply shifting dollars from the City Budget to the RDA budget for certain items having to do with the Downtown Project fund.

LABOR NEGOTIATIONS REPORT
Then, at who-knows-what-time, the City Council will meet in a closed session to discuss labor negotiations with the bargaining units. This could be a long evening, with most of it not available for public viewing because of the nature of the issues. The fate of our municipal budget depends on the success of those negotiations because we don't really have enough cash left in the Fund Balance to balance the budget.

***

THE BEAT GOES ON, AND ON...
And, as you've likely read in the press, the theme for this year's Orange County Fair is, "The Beat Goes On", which I like very much under the circumstances. And, the controversy about the Fairgrounds Sale also "Goes On".

FIRST INSTALLMENT, AGAIN
I gave you a link previously to crooner Vern Nelson's first installment of a multi-part series on the Orange Juice Blog involving his investigation into the fairgrounds sale deal and who the players are. You can read that one, "The Great Fairgrounds Swindle: How Allan Mansoor sold us all out to his Campaign Contributors", HERE.

GAS PAINS GUARANTEED
The second installment, The Great Fairgrounds Swindle pt 2: Meet the Pirates!, can be read HERE. If you were a little uncomfortable with the first installment, you'd better start chomping some TUMS because this second one is going to give you some serious gas pains. I'm not going to paraphrase either installment - they are best read in their original form, without editorial observations. Since Nelson and his amigos hope to quash the sale, I will remind them that if this deal fails the State may simply decide to enter into a long-term lease similar to what the City is proposing with Facilities Management West. If that happens, and the title to the land doesn't change, all bets are off on the uses that a lessee might consider. The City zoning and Measure C would be moot. Be careful what you ask for...

STILL WAITING ON THE STATE
And, we're still waiting to hear from the State about the legislation necessary to make this deal work. The legislature is about due to take a vacation - from what I have no idea - and if the issue is not addressed before that time the delay is going to put a real crimp in the purchase timetable.

BEAZLEY: "THIS WILL BE THE BEST FAIR EVER!"I must confess my admiration for Fairgrounds CEO Steve Beazley and his staff for continuing on with all the turmoil of the sale swirling around them. Beazley has told me that it's their goal to make this year's fair the best one ever, and that every member of the staff is dedicated to doing just that. This year's fair opens July 16th and runs through August 15th, so I guess we'll know in a little over a month if they accomplish that goal. You can find out all the information on the fair HERE.