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HomeMy WebLinkAbout01 - - Additional Documents - 2/7/2017January 18, 2017 VIA CERTIFIED MAIL: RETURN RECEIPT REQUESTED Ms. Ann Parker 2021 Aliso Ave. Costa Mesa, CA 92627 Re: Yellowstone Women's First Step House, Inc. Dear Ms. Parker: This firm represents Yellowstone Women's First Step House, Inc. ("Yellowstone") and Dr. Anna M. Thames. Please direct all future communications regarding Yellowstone or Dr. Thames to this firm. It has come to our attention that you have been publicly making false, defamatory and slanderous statements about Yellowstone and Dr. Thames. These statements have caused, and will continue to cause, harm to Yellowstone and Dr. Thames. These statements are unlawfully slanderous and we demand that you immediately cease and desist all defamatory activities vis -A -vis Yellowstone and Dr. Thames. If you fail to do so, Yellowstone and Dr. Thames will file suit against you. As relevant here, California law defines slander as, "a false and unprivileged publication, orally uttered" which: 1) "Charges any person with crime, or with having been indicted, convicted or punished for crime;" 2) "Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade or business that has a natural tendency to lessen its profits;" and 3) "Which, by natural consequence causes actual damage." (Civ. Code § 46 (1), (3), and (5).) Your statements regarding Yellowstone, such as, it is "filthy," "dirty," and a "horrible place," are false and without factual basis. Unfounded accusations of criminal activity by alleged "parolees" walking on the street, smoking, cursing and spitting, is also slanderous. Further, your statements regarding Dr. Thames are false, without factual basis, and are damaging to Dr. Thames' profession. Moreover, under the totality of the circumstances, it is clear that your statements are more than mere opinion, and instead, are actionable statements of fact. Of note, "[A]n opinion loses its constitutional protection and becomes actionable when it is based on implied, undisclosed facts and the speaker has no factual basis for the opinion. That Ms. Ann Parker January 19, 2017 Page 2 of 2 is, expressions of opinion do not enjoy blanket constitutional protection:" (Piping Rock Partners, Inc. (2013) 943 F.Supp.2d 957, 972; citations omitted.) We have also learned that you have been loitering in front of Yellowstone and Dr. Thames' personal residence while taking pictures, trespassed on Yellowstone's property in an effort to block Yellowstone staff from driving out of the driveway, repeatedly drive by Yellowstone and have followed Dr. Thames to her personal residence. These acts are threatening and harassing. If these threatening behaviors do not stop, Yellowstone and Dr. Thames. will immediately seek a restraining order and all other appropriate remedies against you. If you have any questions regarding this correspondence, please feel free to contact us. This letter is written without waiver of and/or prejudice to all of our client's rights, remedies and/or claims; such rights, remedies and/or claims are expressly reserved herein. Very truly yours, ZFATYIBURNS ISAAC R. ZFATY 660 Newport Center Drive, Suite 470 Newport Beach, CA 92660 www.zfatyburns.com P: 949.398.8080 F: 949.398.8081 ADDITIONAL DOCUMENTS - CC -2 WARRANT INFORMATION (02/07/17) Payment Date Remittance to: Remittance Payment Explanation of payment Ref. ID: Amount 0201781 01/13/17 Mobile Mini, Inc. - 0000009807 $349.12 What is this for? Where located? Storage Storage Unit Rental units are rented for storage of EMS Supplies and Community Risk Reduction Equipment. These items were stored at Fire Station #1 - which is being reconstructed. These items needed to be relocated to Fire Stations #4 & #2 where the rental storage units were laced. This is a temporary solution during the construction of fire Station #1. 0201788 01/13/17 Orange County Council of 0000012053 $670.00 What is this for? This is the annual fee paid Boy Scouts - by the Fire & Rescue Department's Fir Enrollment Fees Explorer Post 400. Costs include Liability Fee enrollment of youth and adults (Fire Dept. Personnel) and Post Liability Insurance. 013-1 - Additional Documents COMMISSION APPOINTMENTS TRAYLOR, MARIAN Subject: FW: Costa Mesa Parks & Recreation Commission Application ADDITIONAL DOCUMENTS FOR 013-1 From: h2omuier@yahoo.com [mailto:h2omuier@yahoo.com] Sent: Friday, February 03, 2017 4:21 PM To: GREEN, BRENDA <brenda.green@costamesaca.eov> Subject: Re: Costa Mesa Parks & Recreation Commission Application Dear Ms. Green, I enjoyed interviewing and the process. If possible, please let the council know that I would also like them to consider my application for Planning Commission as well as Parks Commission. Thank you, Carla Navarro Woods On Jan 20, 2017, at 3:11 PM, GREEN, BRENDA <brenda.ereen@costamesaca.gov> wrote: Hello, Thank you for applying to the Parks & Recreation Commission. You have been selected by the Council to be interviewed on Tuesday January 24th. Please find attached the agenda and the agenda report. You have been assigned a time to be interviewed and it is listed on the agenda report. Please feel free to contact me if you have any questions and we will see you next Tuesday. Thank you. Brenda Green City Clerk City of Costa Mesa 714/754-5221 <01-24-17 Agenda (Special Meeting).pdf> <SM- l .pdf> PLANNING COMMISSION - - 1 Stephan Byron Sarah Mark Robert Teresa Susan Jeffrey Daniel Jay L M N 1 O 1 Isabell Jeff Jenna Dan P Jonathan Q R $ Cada T 2 Andranlan de AmMl Boit Buchanan Dichson Callo Drain Ganz les Harlan Hoffmann Hu hre Ma er Kerins MathMS Tou Warthin Zlch 3 a ton Nava" Woods 4 Mawr Foley 5 8 Mayor Pro Tem G nis B Council Member Mansoa 9 10 Council Member fthearer 11 12 12 Council Member Stephens 21 22Total Points 0 0 0 0 0 0 0 0 0 23 0 0 0 0 0 0 0 0 0 0 24 Number of Seledlons 0 0 0 0 0 0 0 0 25 0 0 0 0 0 0 0 0 0 0 0 26 Grand Toed 01 01 01 01 01 of B 0 Z) Points mNti lietl b Number of $eledlons 0 28 29 1. Council Member rank their selections 5-1 IS being highest score) 30 2. Provide to Cdy Clerk Al_ 3. City Clerk tabulates PARKS AND RECREATION COMMISSION A e C D E F G H 1 1 K L M N O p 1 Kristina Mark Shannon Leah Liz Jeff Barbara Gary Kim Steve Arlis Carla 2 Bogner Buchanan Crossen Erso lu McNabb Mathews Morihiro Parkin Pederson Smith Reynolds Navarro Woods 3 4 Mayor Foley 5 s Mayor Pro Tem Genis 7 8 Council Member Man500r 9 10 Council Member Ri heimer it 12 Council Member Stephens 13 14 Total Points 0 0 0 0 0 0 0 0 0 15 0 0 0 0 0 p 16 Number of Selections 0 0 0 0 0 0 0 17 0 0 0 0 0 0 0 0 18 Grand Total 0 0 0 0 0 0 00 19 Points multiplied by Number of Selections 0 0 0 20 21 1. Council Member rank their selections 5 - 1 (5 being highest score) 22 2. Provide to City Clerk 23 3. City Clerk tabulates SENIOR COMMISSION 1 2 A B Charlene Ashendorf C Randy Briggs D Lucia Holt E Joeliza Jones F Alexa Merchant G Darrell NeR H Gary Parkin IJ Lee Ramos Olga Reynolds K Barbara Steck L M N 3 4 Mayor Foley 5 6 Mayor Pro Tem Genis 7 8 Council Member Mansoor 9 10 Council Member Ri heimer 11 12 Council Member Stephens 13 14 Total Points 0 0 0 0 0 0 0 0 0 15 0 0 p p 16 Number of Selections 0 0 0 0 0 6 0 0 0 0 0 0 0 p 18 Grand Ta al 0 0 D 0 0 19 0 0 Points multi lied b Number of Selections 0 p 20 21 1. Council Member rank their selections 7 - 1 (7 being highest score) 22 2. Provide to City Clerk 22 3. City Clerk tabulates NB -2 - Additional Documents r ADDITIONAL DOCUMENTS - N13-2 CITY COUNCIL (REVISED REPORT) MEETING DATE: FEBRUARY 7, 2017 ITEM NUMBER: NB -2 SUBJECT: AMBULANCE TRANSPORTATION FOR THE CITY OF COSTA MESA DATE: JANUARY 20, 2017 FROM: DANIEL A. STEFANO, FIRE CHIEF PRESENTATION BY: DANIEL A. STEFANO, FIRE CHIEF FOR FURTHER INFORMATION CONTACT: JASON PYLE, DIVISION CHIEF 714-754-5106 RECOMMENDED ACTION: The Fire Chief recommends that the City Council approve the following recommendations: Receive the updated presentation on the status of Emergency Medical Services (EMS) ambulance transportation for the City of Costa Mesa. 2. Authorize and approve a part-time Emergency Medical Services Coordinator to assist in the coordination of the Fire and Rescue department's EMS ambulance transportation program, including billing and cost recovery. 3. Approve the scheduling of an April study session to discuss the reassessment of the city's EMS ambulance service transportation options. 4. Approve the scheduling within a May City Council meeting to review updated recommendations on the city's EMS ambulance service transportation. BACKGROUND: In January of 2016, the Fire Chief and City Manager presented ambulance transportation options for City Council consideration along with a recommendation to pursue a public/private partnership identified Model #3 The transportation options and recommendations were all grounded on the CMFD Ambulance Feasibility Study (2015) by AP Triton, LLC consultants, which was first introduced at the December 1, 2015 City Council meeting (Attachment 1). Subsequently, the City Council voted (3-2) to maintain the ambulance service delivery that had been in place for the previous seven years, utilizing a private ambulance provider to transport all emergency patients. Thereafter and as a result, at the June 21, 2016 City Council meeting, a final extension of the ambulance and billing services agreement with Care Ambulance was approved through September 1, 2018. Section 5.3 of the agreement allows the City to terminate the agreement at any time, with or without cause, with written notice to Care Ambulance Service if it is determined that services will not be needed for the entire time period of the extension. Recently, several members of the City Council have requested to revisit the city's EMS ambulance transportation options and be provided an updated and viable recommendation for consideration. ANALYSIS: The CMFD Ambulance Service Feasibility Study is (Attachment 1) was conducted by AP Triton, LLC consultants. It provides an objective review of the four deployment options for patient transport via ambulance vehicles. The consultant's report was first introduced at the December 1, 2015 City Council meeting and made available for City Council and public review immediately thereafter. Prior to and following the receipt and review of the report, City staff conducted research and met with a range of stakeholders, including, but not limited to: members of the Costa Mesa Pension Oversight and Financial Advisory Committees; Dr. Samuel J. Stratton — Orange County EMS Agency Medical Director, members of the CARE Ambulance management team; members of the Orange County Fire Chiefs; members of the Costa Mesa Firefighters Association Board of Directors; and community members. The four models identified represented the most viable options available based on the city's fire staffing and within the framework of the Orange County EMS system at the time of the presentation. Inclusive of these or any other model variations would be the approval of the established Orange County Health Care Agency (OCHCA) EMS Ground Ambulance Rates. Further, with the recent approval from City Council to keep Fire Station #6 open and provide adequate staffing to that end, the Fire and Rescue Department has begun reevaluating the most viable options for consideration. Moreover, given the nature and extent of services the city provides as it pertains to EMS, the addition of a part-time EMS Coordinator will play an important role to oversee any ambulance transportation program option that is presented and to assist in the coordination of the department's EMS program. The cost of this part-time position would be approximately $36.67-$49.14 hourly or $2,933.60- $3,931.20 monthly or $35,203.20-$47,174.40 annually, without any PERS related costs or benefits. Additionally, the four ambulance transportation models that were identified are included below as reference points: • Model #1— Current Model *Continuation of the existing deployment strategy of sending afire department apparatus (e.g., an engine or truck) and a rescue ambulance along with a private ambulance to be the transportation component of all Emergency Medical Services calls for service (e.g., ALS & BLS). • Model #2 — Costa Mesa Assumes All Ambulance Transportation; Private Ambulance Company Utilized as Back -Up Only * Fire department assumes 100% of ambulance transportation for all emergency ambulance services in the City. • Model #3 — Public / Private Partnership * Fire department engages in a partnership with a private contractor and provides ALS ambulance transportation while the private contractor provides BLS transportation and back up support service for ALS transportation. 2 • Model #4 — Hybrid Model / AO Program *Fire department assumes 100% of all emergency ambulance transportation services using a new class of employees to staff Rescue Ambulances. Based on the aforementioned Fire and Rescue Department changes (e.g., Fire Station #6 and increased staffing), in addition to the evolving EMS environment, it is prudent to reassess, reevaluate, and update the information, as well as looking at other viable options, prior to presenting any current or further recommendations. ALTERNATIVES CONSIDERED: The City Council could decide to direct staff to not pursue further evaluation of making any changes to the current EMS ambulance program model, however, a RFP process for EMS ambulance transportation would have to be initiated for and implemented prior to September 1, 2018. As another alternative, the City Council could decide to immediately implement one of the models identified without any updated information or infrastructure. FISCAL REVIEW: The Finance Department has reviewed this report. It is understood that the consultant's cost recovery projections in the 2015 feasibility study could vary within a reasonable margin above/below the projections identified. As such, the city's Finance Department had previously reviewed that report and confirmed the cost recovery projections appeared reasonable and attainable. The Finance Department recommends that an updated fiscal review on the EMS ambulance transportation options would be needed prior to the city's Finance Department updating their previous assessment. The Finance Department has reviewed the salary and benefits costs for the part-time Emergency Services Coordinator and has deemed them to be accurate. LEGAL REVIEW: The City Attorney's office has reviewed the 201 rights issue with respect to the provision of ambulance services and continues to assist the Fire & Rescue Department in asserting and maintaining these rights. The City Attorney's office had also reviewed the current Ambulance Service Agreement and prepared the previous and final extensions thereof. CONCLUSION: Based on the request of several members of the City Council to revisit the city's EMS ambulance transportation options, the Fire Chief recommends approving the identified recommendations included herein: 1. Receive the updated presentation on the status of Emergency Medical Services (EMS) ambulance transportation for the City of Costa Mesa. 2. Authorize and approve a part-time Emergency Medical Services Coordinator to assist in the coordination of the Fire and Rescue department's EMS ambulance transportation program, including billing and cost recovery. 3. Approve the scheduling of an April study session to discuss the reassessment and update of the city's EMS ambulance service transportation options, 4. Approve the scheduling within a May City Council meeting to review updated recommendations on the city's EMS ambulance service transportation which will cost approximately $9,000.00 and be funded with existing internal resources. These recommendations remain in line with the ongoing effort to provide the most effective and efficient service to the community, while maintaining the highest quality of patient care, enhancing the City's cost recovery revenue, and providing the most flexible ambulance transportation model to adapt to an evolving EMS landscape. DANIEL A. STEFANO Fire Chief THOMAS R. HATCH City Manager STEPHEN DUNIVENT THOMAS DUARTE Interim Finance Director City Attorney Attachments: 1) CMFD Ambulance Feasibility - 2015 4 NB -3 - Additional Documents COSTA MESA COMMITTEES TRAYLOR, MARIAN To: GREEN, BRENDA Subject: RE: [BULK] In Response to February 7, 2017 City Council Agenda Item ADDITIONAL DOCUMENTS FOR N13-3 From: Yumi Watanabe -Patterson [mailto:vumi.c.watanabe@gmail.com] Sent: Monday, February 06, 2017 12:34 PM To: Yumi Watanabe -Patterson <yumi.c.watanabe@gmail.com> Cc: Gordon (CMU) Bowley <gimligordon@aol.com> Subject: [BULK] In Response to February 7, 2017 City Council Agenda Item Importance: Low In response to a City Council February 7, 2017 agenda item, "City to consider forming a youth sports committee": At the request of the City's Parks and Recreations Director, Jana Ransom, in approximately 2007, Costa Mesa United was asked to form the Costa Mesa United Youth Sports Council to bring together all youth sports organizations in Costa Mesa, the School District, high schools, and City recreation staff to meet monthly to communicate, cooperate, and coordinate in order to save significant City staff time and money. We have been doing that successfully for twelve (12) years and will continue to meet with the same objectives. An old saying comes to mind - If it's not broken, don't fix it. Costa Mesa United suggests that the Council address things in the City that are broken. Respectfully, Gordon Bowley President Costa Mesa United TRAYLOR, MARIAN Subject: FW: CM Youth Sports Council Committee. ADDITIONAL DOCUMENTS FOR NB -3 From: Jose Duarte [mailto:theduartes5@att.net) Sent: Tuesday, February 07, 2017 12:47 PM To: CITY COUNCIL <CITYCOUNCIL@ci.costa-mesa.ca.us> Subject: CM Youth Sports Council Committee. Dear Costa Mesa City Council, It is great to have youth sports in Costa Mesa but many of our kids don't get access to the organized sports leagues currently available in the city. I would like to voice my support for formalizing a youth sports council committee. A committee that will help to identify facility improvement needs, create action plans and recommendations for improvements, enhancements, and building of facilities. A committee that will advise the city council and the school board, and share information that benefits ALL youth sports programs in Costa Mesa. Sincerely, Jose Duarte CMYSL Commissioner (Costa Mesa Youth Soccer League) 714-343-4821