Single Page Text Only 08/19/06

The Worth of One Schoolchild
Letter to the editor

The recent turmoil in the Capistrano Unified School District reminds us of how important our schoolchildren are. While the district superintendent has resigned and new elections are forthcoming, our citizens need to be ever-vigilant regarding the decisions made by our elected leaders.

Recently, our city initiated audits of the district to ensure that funds from Mission Viejo are appropriately spent on Mission Viejo schools. While some council members were chafed at the idea of auditing Mello Roos or Measure A funds, it should be apparent from recent resignations in the Capo district that audits are one of the best tools a city can use to clarify and make sure that expenditures of tax money go for the purposes intended. The only property taxes that some council members wished to audit were the pass-through funds of redevelop-

ment because there was an obligation to do so. All council members voted in favor of the audit on the redevelopment pass-through fund but lost some credibility by voting 3-2 that the cost of the audits may exceed the benefits gained on Mello Roos and Measure A. The audit passed, but two council members voted against it.

Our schoolchildren are the future of Mission Viejo, our nation and the world. When parents and teachers have to subsidize schools by bringing supplies and children attend class in aging portables, something is amiss. Taxpayers in the city of Mission Viejo are entitled to assurance that funds they give up in the way of taxes go for the purposes intended. When Capo built its multimillion-dollar administration center with showers in the office of the superintendent, it is very hard to accept that the basic needs of students aren’t being met, but that is the case.

While cities are not in the education and school-facilities business, they are responsible to the taxpayers in their service areas. Does it make sense to deny one schoolchild while providing extravagances for administrators as Capo has done? We can talk about infrastructure, slopes, curbs, roads, etc., all day long, but the needs of one schoolchild have priority. Remember, vigilance is the key, and we can never let up.

James Edward Woodin
Mission Viejo

What’s New at Kaleidoscope?
Letter to the editor

When reading the Aug. 13 OC Register, some people may have missed the story about Mission Viejo’s Kaleidoscope on page 4 of the front-page section. It’s unusual to see a local story mixed in with world news.

Kaleidoscope wasn’t a popular place in the beginning, but it’s becoming a destination with wonderful restaurants. Bristol Farms is a fabulous store with quality selections in all departments and helpful employees.

The entertainment businesses are attracting customers, but attention is needed for Howie’s Game Shack. With the Register’s description of 100 young people in line to participate, one can see it’s a popular place. Young people need supervision, and they shouldn’t be wandering in and out of other businesses. The story mentioned installing cameras, which will help, but the center’s owners need to get to the root of the problem. If other shops are impacted by Howie’s Game Shack, the property owner has an obligation to them in the form of a contract. Teens learn quickly when a mall lets them know it’s a no-nonsense zone.

I’m looking forward to my next visit to Kaleidoscope where all ages can enjoy the range of offerings at this happening place. The Register mentioned a restaurant in Kaleidoscope, Riptide Rockin’ Sushi, which the owner spent $2 million to open. It sounds worth checking out

Nadine Harder
Mission Viejo

Tax dollars Pay for Defense Attorney
Letter to the editor

The Capo school district just hired a top-gun criminal defense attorney to advise its employees regarding their grand jury subpoenas (Aug. 16 OC Register). The trustees have been saying the district wants to cooperate fully, and I'm wondering why their cooperation requires the best legal advice our tax dollars can buy.

I don't believe taxes going to a school district should be used to defend criminal acts. From what I'm reading in the paper, the district attorney is gathering evidence of felonies. The allegations are serious, and the grand jury doesn't appear to be on a fishing expedition.

I attended the CUSD school board meeting on Aug. 14, and the trustees' defense strategy seems to be pitting the employees against the parents. The allegations are not about teachers or education. Parents are asking what happened to all the money that was supposed to go toward education, including keeping facilities maintained and modernized.

If the district had maintained a policy of answering questions from the beginning, maybe it wouldn't have come to this.

Connie Lee
Mission Viejo

Letter to Tim Reece, Principal Newhart Middle School
RE: Williams Complaint

Dear Mr. Reece:

Thank you for your letter of August 9, 2006, which was sent in response to my July 25, 2006, letter. While I do concur that some of the items listed on the Report by Newhart PTA Campus Modernization Oversight Committee dated May 11, 2006 (“Newhart Report”), are being addressed, not all of the items are being addressed. For example, though the student bathrooms are being renovated and new ones installed, the total number of student bathrooms at Newhart will still be below the state minimum. What will be done to address this issue?

There is also the issue of the testing that was done at Newhart as reported in the Industrial Hygiene Survey Report for Newhart Middle School prepared by Executive Environmental Services Corporation (“EESC”) and dated June 6, 2006 (“EESC Report”). There are serious questions regarding the testing performed as noted in the Supplemental Report by Newhart PTA Campus Modernization Oversight Committee (“Newhart Supplemental Report”). It is my understanding a copy of the Newhart Supplemental Report has already been provided to you. If by chance you do not have a copy of that report please let me know, and I will see that you get a copy. Editor’s Note: See also the report from CMA

I have also been informed that after repairs are made in certain classrooms/portables, there will be no retesting. If true, I believe that is a grave mistake that needs to be rectified. Further, I have been advised that certain classrooms/portables that are in urgent need of repair will not be repaired for the upcoming school year since they are slated to be replaced next summer. If correct, such a scenario is unacceptable. No student at Newhart should be forced to use a “substandard” classroom/portable for whole school year to simply accommodate CUSD’s plan to replace the same next summer. The health and well being of our children/your students are paramount.

Thanking you for your time and attention to this most important matter, I remain,

Sincerely,
 OSTENDORF, TATE, BARNETT & WELLS, L.L.P.
WAYNE P. TATE, ESQ.

CUSD Update: Search Warrants Served on School District

Thomas Russell, spokesperson for the CUSD Recall Committee, confirmed that committee leaders who have been working closely with D.A. investigators for nearly a year were notified that search warrants had been obtained and would be executed. The raid took place Aug. 14.

Russell was present and observed the execution of the search warrants, “This is sad. The CUSD Trustees should have cooperated fully with the district attorney instead of forcing the D.A. to execute search warrants. They obviously have a lot to hide.”

In recent weeks, the school district leadership has been rocked by scandals and allegations of criminal wrongdoing, leading embattled Supt. James Fleming and Trustee Crystal Kochendorfer to “retire” in disgrace.

Russell continued, “Our recall campaign uncovered compelling evidence of corruption at CUSD. As a result, the CUSD Recall Committee called upon the district attorney to commence a full and complete investigation. We believe those CUSD officials who have misled our community and violated the law must be removed from office, held accountable and brought to justice.”

The district attorney’s office first initiated contact with the CUSD Recall Committee nearly a year ago. Russell stated, “The district attorney’s office contacted the CUSD Recall Committee seeking assistance, evidence and information. We have been working closely with and cooperating fully with the investigators.

On March 1, 2006, The CUSD Recall Committee first announced that an Orange County District Attorney investigation into allegations of illegal activities at the Capistrano Unified School District had been commenced. Russell, commented, “The CUSD Recall Committee has been vigilant and discreet in its efforts to assist in the D.A. investigation. We are grateful to have played a pivotal role in exposing the culture of corruption at CUSD.”

The CUSD headquarters where the raid occurred is located at 33122 Valle Road, San Juan Capistrano. To learn more about these important issues, visit the Web site at .www.cusdrecall.com

Will the Real Conservatives Please Stand Up
by Dale Tyler

Several important issues will be discussed and possibly decided at the Aug. 21 Mission Viejo City Council meeting. One proposal would further increase the burden the city places on the taxpayers in the form of yet another pay and retirement fund increase for city employees (Item 32). On the other hand, there is a proposal to reduce, somewhat modestly, the amounts most residents pay to the city in the form of franchise taxes (Item 42). Another proposal will require city employees and elected officials to work for the city for 20 years before being entitled to lifetime heath care, still an extremely generous benefit (Item 43). Finally, there is a proposal to notify the League of Cities that the City of Mission Viejo supports Proposition 90, which will prevent taking homes and businesses by government, except to build roads and other public facilities (Item 41).

Item 32, the pay and retirement benefit increase, is completely unwarranted, given the current state of the city's finances and the already high salary and benefits paid to city workers. Despite a constant claim by city staff that higher pay is needed to attract and retain employees, this is untrue. According to information published in the Aug. 10 O.C. Register, public employees' salaries alone are more than $5 higher than in equivalent private sector positions. Including benefits, public employees make, on average, $34.72 per hour, compared with $23.76 for private industry. That's almost 42 percent more in pay and benefits if one works for the government. Add in lifetime security, the ability to retire at 55 with full benefits and very generous pay, adjusted for inflation, and you have a very desirable job.

We need to freeze pay and benefits for our city workers until they are in line with equivalent private sector jobs. The city council should ignore the demands of city workers and vote to protect the pocketbooks of taxpayers.

Item 41, proposed by Ledesma, communicates the city's objection to the taking of private property for anything but public purposes. Proposition 90 requires that eminent domain not be used to condemn homes or businesses and then have the property taken be given or sold to another private party. This means your home could not be taken to build a shopping center or apartment complex. The League of Cities, supported as it is by large developer interests, thinks that Prop. 90 is a bad idea. Our city should stand up for private homeowners and send a message to the League of Cities supporting Prop. 90. Any council member who votes against this reasonable protection of private property is showing his or her contempt for Mission Viejo homeowners.

Item 42, also proposed by Ledesma, would eliminate the 5 percent tax on trash disposal fees paid by Mission Viejo residents. While the amount of benefit is small, it is a step in the right direction. Our city government should be more cost-effective and not collect extra taxes on city-contracted services. The proposal also calls for the elimination of the 5 percent tax on cable bills, which could amount to quite a bit more savings for the average resident. Together, eliminating these taxes would return more than $1.45 million (2005 amount) to taxpayers and start the process of reducing the size of city government, which at 135 full-time equivalent employees, has gotten far too fat. How could any council member be against smaller, more fiscally conservative government?

Finally, item 43, also proposed by Ledesma, would simply require city employees and elected council members to work for the city for 20 years instead of 12 to receive retirement medical benefits fully paid by the city. This is a very reasonable step that will help control the excessive costs associated with employee retirement. In addition, this is a fine demonstration of leading by example. Ledesma, assuming he is reelected this year, would be eligible for the 12-year benefit himself. Yet, he choses to do the right thing at his own personal expense, giving up what could be tens of thousands of dollars in future benefit to help the city today. Again, we will see which council members support the taxpayers and which support big-government spending.

The next council meeting will be a good objective lesson in who is a true conservative and who simply talks like a conservative. Stay tuned for an analysis of the council's votes next week.

Mission Viejo Early Voter Guide
Staff editorial

Ten candidates will vie for three council seats on Nov. 7, including incumbents John Paul Ledesma, Trish Kelley and Lance MacLean. Challengers are Jim Woodin, Michael Ferrall, Bill Barker, Neil Lonsinger, Brian Skalsky, Diane Greenwood and Justin McCusker.

Candidates unworthy of review are Bill Barker, Justin McCusker, Brian Skalsky and Neil Lonsinger. As an example, Barker’s candidate statement claims “fiscal conservative policies” but advocates “solutions for congested streets by establishing a separate proactive traffic commission.” Beyond the contradiction, how does another layer of bureaucracy fix anything? McCusker is Councilman Frank Ury’s hand-picked lackey who has yet to attend a city council meeting, and his only campaign contributors of record are from out of town. Brian Skalsky and Neil Lonsinger are unlikely to attract many votes.

Diane Greenwood’s candidacy sends up red flags – lots of them. Just like former Councilwoman Susan Withrow, Diane denounced her own political party, switching from Democrat to Republicrat – a common tactic to dupe the voters. Diane appears to have two public personas: Campaign Diane, who writes letters to the editor about goldfish and reads storybooks at the public microphone, and The Real Diane, whose public comments range from vitriolic personal attacks to alarmist tirades about electromagnetic fields.

One of Diane’s ballot statement goals is to “defend residents against oppressive power rate increases.” An ambitious task for a city council member, solutions might be to increase the global fuel supply or control the weather. But wait, there’s more. Lobbyist John Lewis of Orange is not only helping Diane get on a few pricey slate mailers, he just happens to represent an independent power company. Given Ury’s connection to Lewis, the intent is clear. Both of Ury’s puppets (McCusker and Greenwood) talk about power prices and burying utility lines in their ballot statements. When residents of north Mission Viejo realized in 2004 that homeowners near the lines would have to share the cost of $7 million to bury only three new lines, they voted against burying the lines by 84 percent to 16 percent. Residents can get all the lines in town buried at any time – all they have to do is pay for it.

The relatively new owner of the Unisys property recently attended a political event at Diane Greenwood’s house. He’s a member of the $$ Lincoln Club $$, and he was apparently quite disappointed when Steadfast’s affordable housing mess was scaled back to a few affordable units with a Target store planned between his property and the affordable housing. If Ury succeeds in getting two votes on the council (McCusker and Greenwood), consider the domino effect with affordable apartments where Unisys now stands. Ury voted for two affordable housing projects along Los Alisos, and he advocates a large, affordable housing apartment complex in Mission Viejo. Watch for out-of-town donations (independent power companies, Lincoln Club members and friends of John Lewis) funneled into McCusker and Greenwood’s campaigns. In past elections, out-of-towners funded hit pieces under the name “Friends of Mission Viejo,” controlled by Lewis and signed by a Mission Viejo shill.

Of the three incumbents, John Paul Ledesma is the most likely survivor. His voting record isn’t perfect, but he usually opposes bureaucracy, special interest and wacky ideas. The city’s youngest council member, he’s also the most diplomatic. He supported Christmastime religious displays at the Four Corners and Internet filters on library computers. He recently initiated an audit of tax dollars going to the Capo schools, which Ury and MacLean opposed.

Trish Kelley is much like the queens she helped depose – Susan Withrow and Sherri Butterfield. Kelley claims the city has $37 million in reserves. The city’s unencumbered balance – total funds that aren’t already obligated to pay the bills – is approximately $1 million according to Asst. City Mgr. Irwin Bornstein. Kelley appears incapable of comprehending any financial data or participating in meaningful discussions of city finance. Just like Butterfield and Withrow, Kelley claims credit for everything positive about Mission Viejo and denies the realities of traffic congestion, overcrowding, overspending and the city’s growing bureaucracy. After promising to bring peace to the council, she started a civil war with vicious attacks against Gail Reavis, and she led the charge in destroying the city’s best-ever Planning Commission. No one should be fooled by Kelley’s public demeanor of “acting nice.” Although genuine diplomacy would help, the real need on the council is for responsible, intelligent adults, and Kelley has demonstrated for four years she isn’t one of them.

Lance MacLean as a big-government, big-spending socialist warrants a big, fat “no” at the ballot box. He proposed the city’s first-ever tax increase, argued for a garish electronic sign at La Paz and Marguerite, advocated for developers, voted for affordable housing projects, took thousands of dollars from Steadfast, jumped into the school boundaries dispute, led the charge for corporate welfare and called Mission Viejo residents “elitists” and “racists.” As a positive sign of voter awareness, MacLean appears to have no support among Mission Viejo residents.

Fortunately, two responsible adults are running for city council: Jim Woodin and Michael Ferrall. These two are part of no group, and they’re funding their own campaigns. They’re not running as a slate, but they hold similar beliefs about small government and defending the city’s Master Plan. Ferrall is a business owner, and Woodin is a former bank vice-president and trust officer. In what might be the No. 1 issue among residents, both Ferrall and Woodin strongly oppose any new housing development or welfare affordable housing. Neither one has ties to special interest or the good ol’ boys who run the county’s political circus.

In a war, who’s right is not as important as who’s left. If MacLean and Kelley are left on the council, Mission Viejo’s march toward urbanization and decline will continue. In this race, residents have a chance to dump MacLean and Kelley and elect Woodin and Ferrall. Despite a field of 10 candidates, all other choices (Greenwood, Barker, Lonsinger, Skalsky and McCusker) have little to offer the city or its residents.

The Buzz column, Aug. 15

The city’s July 3 amended budget report of $39 million in the General Fund was off a bit. The General Fund numbers have been “adjusted downward” by $15.2 million. Meanwhile, council incumbents Trish Kelley and Lance MacLean were so eager to write glowing reviews in their ballot statements they mistakenly claimed they “increased the General Fund by $12 million to $37 million.” It’s stunning that two people on the council who are supposed to be minding the store didn’t notice a $15.2 million difference. Someone in the audience was among the first to say the numbers were wrong. His name – Jim Woodin – and he’s running for city council this November.

***

A letter to the editor this week about Kaleidoscope didn’t specify the problems with Howie’s Game Shack. Groups of up to 50 kids hanging out at Kaleidoscope – apparently drawn by Howie’s – have been wandering into other shops. Some kids distract the clerk while others damage the store and steal merchandise. There’s a huge difference between “kids being kids” and kids being vandals. When one business becomes a liability to other businesses, it shouldn’t be the city’s problem. If the city’s police force has to ride herd on a business attracting an undesirable crowd, perhaps Howie’s doesn’t fit into the Kaleidoscope mix.

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An email exchange earlier this week was initiated by someone posting racist remarks on a blog. A complaint was launched against Diane Greenwood’s campaign manager for “ethnic bashing.” A former council candidate sent the complaint to the city council, city staff and a distribution list.

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Some time ago, The Buzz quoted a Newport Beach policeman who said, “Mission Viejo doesn’t have the safest city in California, it has the most underreported crime in the state.” Residents making public comments during council meetings have stated they can’t find various incidents in police reports. The “Police Blotter” in Saddleback Valley News is a mere sampling of calls. Those who want to see the entire list can go to , scroll to the bottom, choose eServices, Sheriff’s Blotter and Mission Viejo.

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The district attorney’s Aug. 14 raid of the CUSD administration center was conducted by 10 investigators and two Sheriff’s Dept. deputies. The CUSD administration has refused for years to hand over various documents to citizens requesting public information. The district may have been surprised to learn the D.A. expects compliance. A CUSD spinner quoted in the OC Register said the district welcomed the request for information and would fully cooperate. Those who have been cooperative usually don’t get served with search warrants and subpoenas.

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When CUSD official statements conflict with what the parents are saying, bet on the parents to be correct. Parents who organized the recall have been saying the same things for more than a year. The district’s version changes as they get caught in lies. One of the parents said of Supt. James Fleming, “He has to be a pretty smart guy just to keep track of all the lies and remember which lie he’s told to which group of people.”

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As for the district’s lie of having to pay $600,000 to cover the cost of the recall, some district patsies went door-to-door last summer distributing a flyer against the recall, saying it would take money from classrooms. The Orange County Board of Supervisors has initiated an investigation of the false claim, which became the basis of a campaign against the recall.

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