Council Meeting Summary, October 17, 2005

About 120 people attended the Oct. 17 city council meeting, primarily to support or oppose an 11,000 sq. ft. joint-use gymnasium. The project was voted down 3-2 (Reavis, Ury and Ledesma voting against, MacLean and Kelly for). A city gymnasium has been a priority of Councilman Lance MacLean since 2003. The project that was defeated on Monday would have been a joint effort between the city of Mission Viejo and Capistrano Unified School District.

The city and school district had each applied for state funding to build the gymnasium on the Newhart Middle School campus, agreeing to share costs and use. The school district recently received a $1.5-million grant to pay its half of the estimated $3-million construction costs. The city received word in September that its request for a $1-million grant had been denied. The state hasn’t yet responded regarding an additional city-requested grant for $200,000. The item on Monday’s council agenda would have required amending the Fiscal Year 2005-2006 budget to move the project forward. Any unfunded portion of the city’s $1.5-million share of costs would have come from city funds designated for capital improvements.

More than 30 speakers made public comments, with about two-thirds favoring the project. Many of those in favor were Capistrano U.S.D. parents and students who said Newhart needs a gymnasium for a variety of sports activities, including basketball.

During council comments, the crux of the discussion was not the need for a facility but who should pay for it. Council Member Trish Kelley said the gymnasium was part of her vision for the city. MacLean argued the city could afford to fund its half of the project without the grant.

Councilman John Paul Ledesma said, "I said I would only be supportive of this if the grants were to come through." He mentioned the Sierra Rec Center being $1 million over budget and said he was "extremely skeptical" the cost of the gym would be only $3 million. He said he favored completing the community center expansion before starting a new project.

Councilwoman Gail Reavis suggested the city pursue the YMCA’s offer for joint-use, including use of its basketball court. She added that existing city facilities are underutilized, poorly utilized or not utilized, giving the Saddleback Room in city hall as an example.

Councilman Frank Ury asked why a gym hasn’t already been built at Newhart and said it was a matter for the school district to address. He added that a city gymnasium might be something the city should consider doing on its own.

CUSD Asst. Supt. David Doomey spoke during public comments and later responded to council questions about possible cost overruns. He indicated he didn’t think the cost would exceed the funds available. No one asked him about CUSD’s administration center, now under construction, which has jumped from $25 million to $35 million during the past six months. CUSD’s planned high school in San Juan Capistrano is now estimated to cost up to $150 million, making it the most expensive high school in the state. High schools on average cost around $40 million to construct.

Despite MacLean and Kelley’s comments that they had received "overwhelming" support from the community, the project was voted down.

Another item on the agenda drawing comments from audience members was the proposed contact to Roger Faubel Public Affairs, Inc. for public outreach services regarding the Crown Valley Parkway widening project. The contract for consultant services was "not to exceed $100,000," although Faubel in public comments indicated more money might be needed.

Five speakers and two written comments were in opposition to awarding the contract to Faubel. The council voted 4-1 to approve (Reavis, Ury, Kelley and MacLean voted for, Ledesma against). The contract includes education, brochures, a Web site, telephone "hot line" and signage.

Reavis said she hadn’t seen the Request for Proposal, and the council had not directed the staff to act. She said, "This came as a surprise to me.” She added that the council’s discussion of the widening project at the May 16 meeting didn’t include a contract for public relations. Reavis noted the amount being discussed for outreach jumped from $15,000 to $100,000.

Some council members supporting the contract referenced the El Toro Road project’s impact on Lake Forest, saying a PR campaign was needed. By contrast, the El Toro Road project involved demolition and rebuilding of shopping centers and a long-term loss of business. By comparison, the Crown Valley Parkway project involves widening of a road.

Residents who spoke were in unanimous agreement that the amount of the contract was excessive and wasteful. The city already has MVTV, the City Outlook newsletter, a Web site and the ability to mail flyers with Waste Management’s bills to residents. Several speakers recalled Faubel’s $51,000 contract in 2002 for Get Out The Vote, in which he failed to fulfill obligations to the city. Ledesma questioned awarding a contract to a former city councilman who had been involved in city politics as recently as 2002. Residents’ additionally questioned Faubel’s ethics.

Faubel also provides public relations for Capo school district trustees. He was a subject in an August 22, 2005, letter from attorney Jim Lacy to CUSD Trustee Marlene Draper. Faubel was cited by Lacy for assisting in training sessions for trustees to fight and disrupt the recall effort led by CUSD parents. According to Lacy, the training sessions held on Aug. 1-2 provided strategy and techniques in violation of Elections Code Section 18630 to protect signature gathering. The Section is cross-referenced to Penal Code Section 240, defining such acts as criminal.

The contract amount was not based on needs analysis. The justification given by city staff for the amount of the contract was the average for outreach efforts. Such public relations expenses are typically 1 percent to 1.5 percent of total construction cost. The estimate of the Crown Valley widening project is approximately $10 million.