Voter Initiative Moves Forward
Staff editorial

On Tues., May 20, community activist Dale Tyler delivered the Right To
Vote initiative regarding major land use to city hall. If passed by voters in the November election, the initiative would require residents’ approval on any major zone change. Such a measure should put an end to council members pretending to represent residents but approving zone changes to benefit developers who fund their campaigns. To read the full text of the initiative click here.

For years, activists have discussed the need for such an initiative to stop developers from dismantling the master plan with zone changes. Getting a citizen-sponsored initiative passed is no small task. A great deal of time, research, rewriting and legal review went into its preparation. Because the council didn’t sponsor the initiative, residents will soon start gathering signatures to qualify it for the ballot.

The future of two parcels is immediately at stake, and both would be impacted by having the initiative in place. Sunrise Senior Living wants to build an assisted-living project on the Casta del Sol golf course. The owner of the former Kmart property on east Los Alisos allegedly wants to switch plans and build apartments instead of the townhomes the council approved despite community objection. If voters pass the initiative, a change in land use or a significant change in development plans would call for a vote of the people.

One of the most abused city powers in Mission Viejo is the council’s authority to rezone property. In theory, council members represent residents and vote on their behalf. In reality, residents have had to mobilize their neighborhoods to fight against the council’s rezoning of any parcel targeted by a developer. Residents have lost every fight.

Some council members have misrepresented facts and claimed they’ve been forced to rezone property to comply with “state housing mandates.” In 2007, the council rezoned three properties, allegedly to meet requirements for “mandated” affordable housing. In fact, the state doesn’t mandate housing; it only requires the city to have an affordable housing plan. What the state doesn’t allow is for a city to do absolutely nothing. The council majority voted in 2006 to throw away the city’s affordable housing plan, which various Planning Commission members had spent years developing.

Several of the council members seem smart enough they should get it. The state doesn’t require ruining neighborhoods with overcrowding and inappropriate projects. What’s missing is leadership and responsibility among city staff and council members in managing the state’s goals while protecting the city’s master plan. The combined inaction of the council and throwing away the city’s plan enabled the state to come in and decertify the city’s housing element. The current council rezoned five parcels in three years, and not one new affordable unit has been built. Affordable-housing advocates won battles but achieved no real victory because those in need of affordable housing got none.

The Casta del Sol golf course is at the center of the current rezoning storm. If Sunrise succeeds in getting three council votes to rezone the parcel, the golf course will be gone. Without the Right To Vote initiative, destruction of the golf course is all but certain. If the council rezones the parcel, the golf course will not be a smaller 18-hole course – not even a 9-hole course or a miniature golf course. The developer and/or its P.R. agent Roger Faubel managed to convince a few gullible folks that Sunrise only wants to build its project but preserve the golf course. That scenario is contrary to what developers do for a living. The Right To Vote initiative would be the only real protection from Sunrise destroying the entire course.

Mission Viejo’s city attorney will next review the initiative and give it a title and summary. After that, initiative supporters will begin gathering signatures of registered Mission Viejo voters to qualify the initiative for the November ballot.

Parents Advocate Update, May 21
by Julie Collier

Dear PALs,

I attended the Capistrano USD finance meeting Tuesday night. It was pleasantly brief! I got there just in time to hear about the Attendance Incentive Program that offers money to schools that have the most-improved attendance. Oak Grove (and two other elementary schools that I couldn't write down fast enough), Arroyo Vista, Aliso Niguel and Ladera Ranch Middle School all earned money for their schools. Overall, Supt. Woodrow Carter was disappointed with the outcome and stated it was a "flat positive." He further stated that the district is going to need every penny next year and that attendance is one of his pet peeves. He is expecting everyone to be more attendance-conscience next year. Make sure you plan your vacations during breaks – not during class time.

Supt. Carter gave an update on the budget crisis and the governor’s May revise. The revised PROPOSAL does not suspend Prop. 98, and it allows for some categorical flexibility. It is reliant on borrowing funds from the Lotto or a backup of increasing sales tax by 1 percent if the Lotto idea is voted down. This proposal also allows a reduction of reserves needed at the district level to 1 percent. (Carter and Trustee Ellen Addonizio do not agree with reducing the reserves.) There will be no COLA. The deferred maintenance funds would go to special education.

Carter explained that the Orange County Department of Education wants districts to be cautious and take advantage of the flexibility in the budget. Carter is confident with basing the final budget on the May revise. He will know more during the next 48 hours when they have time to work the numbers. There will be a special board meeting on June 2 (mark you calendars).

Trustee Addonizio asked if they could leave the 20:1 classrooms alone that will require construction for larger classes. Carter said they are looking at that, and he doesn't want to "spend a penny" on that construction.

Regarding Class Size Reduction, Carter stated that he wants to return all the teachers and keep K-3. He has to wait to work the numbers. He also said third grade could be cut for CSR. I asked Carter if hiring back the teachers for CSR was his first priority, and he said yes. I also asked him how the CUSD Foundation fit into all this. He didn't really give me a solid answer, but he implied that any money raised will ensure CSR for the students.

Hope this helps. We should know more in 48 hours!

CUSD Update
Editorial staff

The Capistrano Dispatch recently reported that Supt. Woodrow Carter’s contract will be publicly reviewed by the board of trustees on June 16. Concerns about a “golden parachute” clause in his contract continue to cause questions. Who added the clause without knowledge of the full board? The three reform trustees issued a news release saying the wording of the contract they reviewed and the one he signed weren’t the same.

From the Dispatch article about Carter’s contract: “While the first draft includes a government code section spelling out that Carter could receive up to 18 months’ pay if he’s fired, the final contract says he’s ‘entitled’ to the severance.”

Carter reacted by saying he wouldn’t do anything “underhandedly,” and he hadn’t intended to create any golden parachute in the contract he signed. For the amount of money Carter makes, $273,000 annual salary or $324,950 with benefits, those paying him (taxpayers throughout the district) expect him to know if the contract he’s signing has been changed.

Parents who have read his contract and its added-on clause say it isn’t legally binding. Carter publicly rejected the contract. He can’t sign a contract after rejecting it, and the other issues don’t matter when a contract isn’t legal. When Carter is terminated – and that likely will happen after the recall election on June 24 – he won’t be entitled to 18 months’ pay.

A CUSD parent forwarded CUSD math test scores that were posted on an Orange County Register discussion board. She added, “It’s just so disheartening to see that so many CUSD students are being failed by the district when it comes to math.” And what is the district’s response to the scores? It appears they didn’t want the public to know. The scores were left off the CUSD Website. The information was found on the California Department of Education’s Website.

Here’s how CUSD high schools are doing in math according to California standards. District-wide: CST Algebra I – 53% advanced or proficient; CUSD CTS Geometry – 45% advanced or proficient; CUSD CST Algebra II – 43% advanced or proficient. Perhaps these numbers will shed light when district officials avoid talking about really troublesome issues of looming bankruptcy and direct attention to those “great CUSD test scores.”

The parent who researched the information suggested the high schools weren’t entirely to blame. She suggested elementary and middle schools are playing a role by failing to prepare students for high school math.

John Paul Voter Guide for Mission Viejo
Voter Recommendations for June 3

Councilman John Paul Ledesma is recommending that Mission Viejo residents vote for the following candidates in the June 3 Republican Primary Election.

United States Representative, 42nd District: Gary Miller

California State Assembly, 71st District: Jeff Miller

Calfornia State Senate, 33rd District: Harry Sidhu

Judicial: Office #4 – Mike Bartlett; Office #8 – no endorsement; Office #12 Kermit Marsh; Office #25 – John Nho Nguyen

Republican Central Committee, 71st Assembly District (vote for no more than six)
Jack J. Anderson
John S. Williams
Marcia Gilchrist
Ann Hagerty
Sally Connolly
Dorothy Wedel

Statewide Ballot Measures

Proposition 98 – YES
Proposition 99 – NO

All of the above are on the ballot for Republican voters in Mission Viejo.

John Paul’s recommendations for areas outside Mission Viejo are as follows:

Republican Central Committee, 70th Assembly District (vote for no more than six)
Allan Bartlett, Mary Young, Thomas "Tom" Fuentes, Jon Steven Fleischman

Republican Central Committee, 73rd Assembly District (vote for no more than six)
Alice Anderson, Craig P. Alexander, Nancy Padberg, Anna Bryson, Norm Dickinson

Republican Ballot, State Assembly
72nd AD Mike Duvall
73rd AD Diane Harkey

Please remember to vote on June 3!

The Buzz, May 21

A Mission Viejo resident commented: “I’m wondering what the city’s reaction would have been if someone had vandalized easels left out for days during the city’s 20th anniversary celebration. If a vandal had been caught, would the city press charges for destroying or stealing 200 easels? I see no difference between a vandal destroying public property and a city employee destroying public property.”

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A resident posted information on a county blog about Mission Viejo city administrator Keith Rattay sending a memo to staffers. He directed them to inform supervisors of any conversations they have with council members. It causes bloggers to wonder which issue prompted the reaction. Could it be Easelgate? As a humorous side note of the easel story, on May 5 an activist asked for a tour of the city yard to check out the easels. A city staff member told her she couldn’t take pictures because of “Homeland Security issues.” The activist then asked specifically if she could take pictures of the easels stored outside the fence. The staffer said, “No. We don’t want any more pictures in the papers.” Sounds more like Job Security issues.

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A blog contributor forwarded information from the Registrar of Voters: “We mailed nearly 214,000 sample ballots today for the CUSD School District Special Recall election. Voters in the District will have two sample ballots now (one with a blue banner for the June 3rd Primary and one with a gold banner for the CUSD election). Some voters have asked why the elections did not take place on the same date. California election law requires that a specific period of time elapse between the certification of the petitions which authorize the election and the actual election date. This time was beyond the time allowed to consolidate with the June Primary election, which requires the separate special election. Permanent vote-by-mail ballots for this election will be mailed May 27th. Voters will have until June 24th to return their ballots. Poll sites will also be operational in the District on June 24th.”

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For those looking ahead to the city council race in November, another potential challenger emerged last week. The new total is two incumbent council members and five potential challengers in the race for two seats. At the current rate of adding one challenger a week, imagine the possibilities. The November election is 23 weeks away.

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Blog staffers wish everyone a happy Memorial Day on May 26. Have a safe, restful weekend.