Single Page Text Only 02/23/08

Council Halts Nothing
Staff editorial

Two articles appeared in the Feb. 22 Saddleback Valley News regarding the Feb. 18 council meeting, and neither accurately reflected what happened. The headline on page 4, “Council halts zoning changes,” is particularly misleading. No developer proposal has been presented to the city.

Mission Viejo residents continue to worry that the Casta del Sol golf course will be rezoned for housing. The council’s 5-0 approval on Feb. 18 of a 45-day moratorium on land-use changes has no impact. Given this council’s consistent record on rezoning, housing will likely be built on the golf course unless residents prevent it by passing a voter initiative.

Approximately 45 residents waited three hours at the Feb. 18 council meeting to hear Item 20, a proposed moratorium regarding land-use changes. The ordinance allegedly would delay any change of use regarding recreational and open space land pending further study.

The moratorium is in specific response to residents’ concern over a developer, Sunrise, wanting to build a high-density assisted-living project on the golf course. Approval of the project would require a zone change and General Plan Amendment. Casta homeowners should note the false claim that the council is “protecting” the residents. One resident speaking at the public microphone called the moratorium a fraud.

The first public speaker asked everyone in the audience to stand if they came for Item 20. The entire audience stood up. The speaker said quite a few Casta del Sol residents went home before the item was called at approximately 9 p.m. A marathon discussion about the power lines over north Mission Viejo drug on for three hours despite the large majority of the audience waiting for Item 20.

Community activist Dale Tyler made public comments about the moratorium and explained it would have no effect in stopping a developer’s proposal to rezone the golf course. Another resident identifying himself as a developer indicated in his public comments that the moratorium includes a loophole for developers because it contains a variance provision, as required by law.

Councilman John Paul Ledesma was the only one on the dais who acknowledged the city’s maneuvering wouldn’t slow down a developer.

A larger issue with regard to timing is the November election. Even if the developer had no prior experience in promoting unpopular ideas, its public relations agent, Roger Faubel, knows how to work the system. The developer is unlikely to present a controversial proposal with a city election on the horizon. Council Members Frank Ury and Gail Reavis are up for reelection this fall. While these two have supported developers at every turn, both are suddenly making overtures about being responsive to residents. Reavis even said on Feb. 18 that she’d like to put a voter initiative on the November ballot. She mentioned an initiative that would affect only rezoning of open space, whereas residents need to strip the council of all rezoning decisions.

Councilman Lance MacLean’s comments during the moratorium discussion were revealing. At one point, he said the council had directed the developer, Sunrise, to conduct a public outreach effort for its housing project, referring to it as an “investigatory hearing.” Kelley reacted to his statement by saying the council didn’t do it. However, council members have said they individually talked with the developer. MacLean should have said “council members” instead of “the council” because they acted individually.

MacLean’s zeal to put housing on the golf course is clear. Knowing his highest priority is the MacLean City Basketball Gymnasium, residents are asking if he’s made a deal with Sunrise to place it next door to the Casta community. MacLean made several pro-developer comments, including one about Casta residents’ declining home values because the golf course isn’t in pristine condition.

After the 5-0 vote, Kelley urged the city staff to expedite the study of the golf course. Given the showboating over a phony delay followed by the comment about rushing forward, residents should remain on high alert.

Fear Mongering and Grandstanding on EMF
by Dale Tyler

The Viejo System Project expansion in north Mission Viejo has been the subject of controversy since it was first proposed. Although a number of Mission Viejo residents were and still are opposed to the project, it became a platform for the politically minded to attempt to capitalize on the fear those politicians created in the minds of the public.

In 2003, Southern California Edison (SCE) proposed adding new 66kv circuits from the existing Chiquita substation to a new substation located on the SCE right of way near the 241 toll road. The existing 220kv lines would also be relocated to connect to the new substation. This was apparently needed because the existing substation was becoming overloaded, and more distribution infrastructure was needed to serve the growing needs of Mission Viejo, Rancho Santa Margarita and other communities. It should be noted that the existing 220kv lines have been in place since long before the houses were constructed nearby. An easement to build those lines was granted in 1965. Every person who bought a house in that area could see the existing power lines and the wide area where they ran. Any person who was interested could have looked at the easement agreement held by SCE and found that it could add lines at any time, subject to CPUC approval.

In 1997, the city of Mission Viejo asked SCE for permission to build a park in the right of way under the power lines. The park was eventually approved and built. It is now called Florence Joiner Park, in celebration of a local Olympic athlete. When the park was built, Mission Viejo was aware of the concern surrounding EMF and had to promise to hold SCE harmless for any problems that would arise by the construction and use of the park.

Community groups raised a number of objections to the Viejo System Project expansion, forming a group called No Overhead Powerlines by Edison (N.O.P.E.). This group spoke against the approval of the project in front of the California Public Utility Commission (CPUC) during 2003 and 2004 in an attempt to get the new lines buried, but the project was approved over their objections. Finally, a special election was held to see if the surrounding homeowners would be willing to tax themselves to pay the additional cost to have the lines undergrounded, but that lost 17 percent in favor of new taxes to 83 percent opposed. This group was used by City Council candidate Frank Ury in an attempt to convince voters of his business experience, but he eventually was responsible for the failure in front of the CPUC, and then failed to file a timely appeal, and then failed to protest the rejection of the appeal. It was clear to many that Ury was only involved with N.O.P.E. to make himself look good, and he abandoned the group when things when wrong.

There have been two main concerns expressed by citizens about the Viejo Systems Project expansion. First, there was the issue of aesthetics. Clearly, power transmission lines are unattractive. The new lines were right next to existing “erector set” towers, and while the new “H” frame towers were smaller, they did represent additional visual blight. However, no one should have been confused about the existence of power lines in that area, and, thus, when an election was held to ask property owners to pay for the burial of the new lines, it lost by an overwhelming margin. My interpretation of this is that while people would like no power poles, after awhile one gets used to them and they recede into the background, hardly noticed. Of course, those living in houses directly east of the right of way see them all the time and are more impacted. They bought those houses with a direct view of the existing lines and, therefore, have little right to claim surprise when more are added.

The other concern is with EMF. This is somewhat more controversial because almost no peer-reviewed studies have shown any linkage of EMF levels as would likely be found in the nearby homes to any disease process with one possible exception. There have been a few studies that show a possible link between a two-times elevated risk for childhood leukemia and EMF levels that are probably much higher than what is found in these homes. In fact, the current suggested limit on power line EMF exposure is 200-500 times higher than what is found at the edge of SCE's right of way. Even if EMF is a problem for some susceptible people, no one forced anyone to buy a house near a power line, and one can freely decide to relocate if the perceived risk is too great. Further, complaining about the loss in values associated with having a house near a power line, freeway or noisy street is a risk of buying real estate. Unless one had no way of being aware of the value risk to a real estate investment, one cannot now complain when the risk turns out to be real. I have heard the possible EMF risks compared to the risk from smoking cigarettes, with people saying, “We did not know the real risk in the ’50s, so we smoked, and now we have cancer. Maybe EMFs are worse than we now think.” This might be true, but just as with smoking, each person can decide how much risk to accept and to take precautions as they deem prudent. So, if you are concerned about EMF, don't go to Florence Joiner Park on hot days when the EMF fields will be highest (due to high power flow in the overhead lines). If you are even more concerned, don't go to that park at all. If you are very concerned, sell your house overlooking the power lines. Just don't blame others if your choices turn out to be wrong.

EMFs don't just come from power lines. They are generated by common items most of us have in our house. Compare the values shown below to the 1-5 mG seen at the edge of SCE's right of way and remember, these values are in your own home. Also remember that large motors like pool pumps and electric heating pads/blankets have very high EMF emissions.

From: www.wapa.gov/newsroom/pdf/EMFbook.pdf

           Typical 60 Hz magnetic field levels
          from some common home appliances
          Magnetic field 6 Inches    Magnetic field
           from appliance (mG)     2 feet away (mG)
Electric shaver        100             -
Vacuum cleaner        300             10
Electric oven          9              -
Dishwasher           20             4
Microwave oven        200             10
Hair dryer          300             -
Computers           14             2
Fluorescent lights       40             2
Faxogram machines        6              -
Copy machines         90             7
Garbage disposals       80             2

Also, from www.bioinitiative.org/report/docs/section_20.pdf

The median field was identified as 0.5 mG, and the average field was 0.9 mG. Thus, this confirms that average residential magnetic fields based on the 1000-home study is less than 1 mG.

Appliances produce magnetic fields, but these diminish rapidly with distance (at 1/R3).

Power lines generally produce the largest average residential magnetic field when the entire living space of a residence and a 24-hour period are considered. Power line magnetic field exceeds 1 mG in 17 percent, exceeds 2.5 mG in 9.5 percent and exceeds 5 mG in 0.3 percent of all the residences surveyed.

Zaffanella (1998) conducted measurements to characterize typical EMF exposure levels in persons living in the United States - a study called the 1000-Person Study. Table A- S.2 shows that about half of all people in the U.S. have EMF exposures at home under 0.75 mG; in bed are 0.48 mG; at school 0.60 mG; at work 0.99 mG; and 0.87 mG is the median EMF exposure for an average 24-hour day.

If you are concerned about EMF fields in your house, the first step is to measure what is actually present. Try to schedule the measurements on a very hot day during summer and again in the middle of winter on a cold day so that you can see the range of measurements in and around your house. Use this to calculate your average exposure, and then make your own decision as to risk. Try to hire a consultant who will simply make the measurements and not offer any EMF reduction services. Pick someone who is not biased and has no agenda either for or against EMF exposure. Do not do what our city did when they hired Sage Associates, a leading proponent of EMF risk.

One problem with the Viejo System Project is that no actual measurements of EMF strength were taken prior to the project being started. Because of this, we have no objective way to be certain if the project increased or decreased EMF strength. SCE has computer models that show the values prior to the project and then more computer models that show a reduction of 50 percent to 80 percent after the project, based on the self-cancellation of EMFs caused by power lines of different phases being arranged in a way to best reduce EMFs. A study by Sage did not address those models, but merely measured the “after” levels and made some claims based on those measurements. FMS then made more measurements and went the extra step of modeling existing conditions and comparing that computer model to the actual measured numbers. FMS concluded that the model matches reality and that SCE did appear to meet the EMF reductions it promised. These models and measurements are subject to a fairly wide tolerance and, thus, precise measurements to .1mG are not really meaningful. The bottom line is that, lacking objective proof, there is no basis for the claim the EMF levels from the SCE lines exceed what should have been expected.

One of the saddest things I have witnessed is the use of a dead child's memory by a candidate for City Council at the Feb. 18, 2008, meeting. When I arrived, this politician was speaking to the council saying that this child lay dying of leukemia caused by the new power lines while the Mission Viejo City Council did nothing. This politician had no proof that the child was exposed to high levels of EMF, nor any proof that this tragic death was caused by any additional EMF radiated by those new lines, or that any EMF was the cause at all. The politician was simply trying to create fear among parents in the audience with no factual basis at all for her claims. Of course, some will be so frightened that they will believe she is doing a great thing. As the new leader of N.O.P.E., the organization that failed to stop the project under Frank Ury's tenure, she will do her level best to fool the public, just like he did.

Finally, Frank Ury, who after failing to stop the CPUC and failing to convince property owners to tax themselves to improve their view, is now grandstanding just in time for the November 2008 election. He is promising to make the CPUC revisit its decision and to have the lines buried. He is now planning to “be influential” and “do something” about the power lines. All he will really do is spend more taxpayer dollars on a fruitless campaign to make himself look good. J.P. Ledesma, another council member, made it clear to those attending the meeting when he observed that the City of Mission Viejo has no jurisdiction whatever over SCE or the power lines and that a final decision was already made. We have no basis, in fact, to dispute that CPUC decision. Also, Ledesma pointed out that the power line that was caused to be buried by the CPUC on the same day that they rejected burying the SCE lines, was a new line in a new right of way with no existing lines. Perhaps the CPUC took note of the existing 220kv lines, reasoning there is little reason to bury lines right next to 220kv towers and that the new lines could be used to reduce EMFs on the existing lines due to phase cancellation. That decision sounded right to me then, and it still rings true today. Frank Ury just wants to spend your money to look good until the election, after which he will say “we lost, sorry.”

The action on the Viejo Systems Project is all about Grandstanding and Fear Mongering – nothing else.

Education Beats Big-Money Campaign

Mission Viejo resident Bob Knoke attended the Feb. 6 Coastal Commission hearing at Del Mar. He wrote a brief report about attending the historic meeting in which the Commission rejected the proposed 241 extension:

Three-thousand-plus people attended the meeting in Del Mar, and most were against completing the toll road extension. The meeting started at 9:00 a.m., but the public did not get to speak until after dinner, which was at 7:15 p.m. The Commission voted at about 11:45 p.m.

It was way too long a day, but in the end we won 8 to 2. It was nice seeing lots of
young people voicing their views.

What I learned was the same lesson from the El Toro airport issue. Educate the people on the facts, and you can beat the big-money special interest.

Got Computers?

A Mission Viejo resident is working with handicapped people who want to learn how to use a computer. They range from 30 to 75 years of age. While they have physical limitations, they would benefit tremendously from positive, challenging mental activity.

Do you have a computer you’d be willing to donate? Please consider donating that older model you no longer use. If you have a machine (computer or printer) that’s gathering dust, it would make a big difference in someone else’s life.

Please call Cher, (949) 380-4153, if you would like to help by donating equipment.

Moratorium is Meaningless

The council on Feb. 18 approved a moratorium that would prevent rezoning the Casta del Sol golf course for 45 days. It was an empty gesture, as there’s no proposal in front of the council.

The developer will likely wait until after the November election to propose rezoning the golf course. Two council members have already indicated they favor rezoning, and this council has rezoned every property that’s come before it.

Council members have been deaf to residents’ cries for protection on a wide range of quality-of-life issues. Residents shouldn’t repeat the mistake of trusting the council to represent them.

Since voters cannot seem to unseat this council, they should at least take away the council’s power to rezone. The only meaningful solution is to pass the Mission Viejo Right to Vote Initiative whereby voters make zoning decisions.

Connie Lee
Mission Viejo

CUSD update, Feb. 25
Editorial staff

Capo Supt. Woodrow Carter will hold a town hall meeting in Mission Viejo to discuss school finances on Wed., Feb. 27, 7 p.m., at Capo Valley High School, 26301 Via Escolar. The meeting is a forum to discuss the impact of the governor’s budget proposal.

Mission Viejo residents should expect to hear about cuts that will directly affect students, classrooms and education. Carter should mention the deep trouble CUSD was already in – years of deficit spending – before the district learned about the state’s shortfalls.

Even with the state’s impending cuts, CUSD’s irresponsible spending hasn’t stopped. At the board meeting on Feb. 11, the four old-guard trustees voted to proceed with nonessential amenities at the new high school. What better way to face a $28-million deficit than blowing $8 million on such things as a pool, stadium and concession stand?

What’s the old guard’s solution for making ends meet? Among the worst ideas are laying off 300 teachers, cutting 75 percent of bus transportation and eliminating class-size reduction in grades K-3. Does anyone remember when the old regime was trying to justify spending a fortune to build the new administration center? They claimed it would save $500,000 in rent. The yearly interest on the new building is $1 million. Astoundingly, the district is still paying rent on at least some of old facilities, and the new building is one-third empty. Selling the Taj Mahal administration center would cut costs without diminishing education.

Despite Carter’s outreach efforts with parent committees and town hall meetings, the result is too much spin and not enough straight talk. Parents are remarkably on top of district issues, and they often know the answers before asking questions – Carter should know that by now. Parents have offered better financial, management and legal advice than all of CUSD’s pricey attorneys and district officials put together.

Will Carter point the finger of blame at the state during the Feb. 27 forum at Capo High? Or will he acknowledge most of the problems were caused by CUSD, including the failure to plan for a rainy day?

On another topic, the Capistrano Dispatch released a news brief that Tony Ferruzzo, principal of the new high school in San Juan Capistrano, resigned abruptly. He was in the position at San Juan Hills High School for two years prior to the school’s opening in September 2007.

Some people immediately asked if Ferruzzo was leaving for health reasons. Considering the school is next to a methane-belching dump, it’s a reasonable question. With the school losing 20 percent of its enrollment of 640 students since September, Ferruzzo’s two and a half years was a relatively long tenure at SJHHS.

The Buzz column, Feb. 25

Residents who attended the Feb. 18 council meeting may have been disappointed with the outcome. The N.O.P.E. tin-hatters were angry about the city’s EMF report, but not for the right reasons. The city’s mistake was in sitting on the report when the results should have been made public. Field Management Services reported with an analysis based on line load and other data that the power lines are operating as they should. There’s no smoking gun or anything else to warrant spending additional time or taxpayer money. The N.O.P.E. group was madder than hell because there’s no smoking gun or anything else to warrant spending any additional time or taxpayer money. The two reports presented during the meeting are discussed in an editorial on this blog.

              ***

Some Casta del Sol residents who attended the Feb. 18 council meeting may have been disappointed if they thought Councilwoman Trish Kelley was going to protect them from rezoning of the golf course. Kelley has consistently supported rezoning. She first voted to rezone two properties along Los Alisos, which are in the Saddleback school district. Low-income families moving into welfare housing on Los Alisos wouldn’t affect her precious Capo district. But she next voted to rezone three parcels in Capo, which should get the attention of Capo PTA moms. Kelley consistently sides with developers, and she does so against her constituents, campaign volunteers, PTA friends and homeowners trying to protect their property.

              ***

Those who watched the entire Feb. 18 council meeting described a meltdown near the end. It was a minor one. Councilwoman Gail Reavis had applied for an appointment to Southern California Association of Governments, and she sent a letter to its chairman asking to be on the transportation committee. Several committee openings were available, but Reavis and Kelley both applied for the same position. Kelley reacted Monday night by retorting, “I got my letter in first!” Kelley called for a vote and prevailed 3-2.

              ***

Here’s a fictive parable about something of equal substance. One day, Reavis was in the parking lot at city hall, and she saw a twig on the pavement. She picked it up, saying. “I love twigs. May I take it home?” Kelley runs out to the parking lot, crying, “It’s MY twig! I saw it first.” The parable has many applications – it could be about a twig, a committee appointment, seating assignments or bird plop.

              ***

Other blogs have discussed at length the decline of newspapers. A notable exception is the San Juan Capistrano Dispatch, which does an excellent job of covering its city. Publisher Jonathan Volzke seems omnipresent, reporting on meetings, city business and everything else that happens in San Juan Capistrano. The SJC Dispatch has added two sister publications, in San Clemente and Dana Point. Mission Viejo residents should hope Jonathan will next look north.

              ***

A blog reader reported that approximately 30 people have filed suit against the Capistrano Unified School District for having their names on the district’s enemies lists. At least two law firms are representing those filing suit. One person who filed said the district will probably pay to settle rather than going to trial.

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