Breaking the Promise
Staff editorial

Into its third year of polling residents, the city recently wrote True North Research a $22,725 check to pave the way for what city administrators want to do. With True North’s push polls, city officials are using “statistics” to prove residents really like being sold down the river. As one example of forcing administrators’ views on residents, they’re targeting the retail center at La Paz and Marguerite. City staffers apparently would like fancier surroundings when they walk across the street for lunch. Never mind that the thriving retail center is private property with numerous owners and nearly full occupancy – why shouldn’t city employees have their way and bulldoze the center? They spend 40 hours a week stuck in city hall, and some of the 152.3 employees are pretty bored coloring “character” posters.

Top city employees don’t live in Mission Viejo, and they don’t answer to voters. With council members deeply engrossed in trivia and catfights, who’s going to stop them?

True North Research is working in tandem with BrandStrata, the company hired by city hall to break The California Promise. The “Promise” slogan was developed by the Mission Viejo Company to attract residents to its family-oriented, safe neighborhoods in the nation’s premier Master-Planned community at its inception. When residents bought a Mission Viejo home, they invested in the promise and presumed things wouldn’t change. Thanks to city staffers and incompetent council members, the problems stemming from mismanagement – traffic jams, crime and overcrowding – are creeping into Mission Viejo. Residents’ next chance to weigh in is Nov. 4 in the city election, in which two council members are up for reelection.

In 2002, residents were so fed up with council members ignoring the wishes of voters, they revolted by throwing Sherri Butterfield and Susan Withrow out of office. The gals had a vision that Mission Viejo should change, and they began by making La Paz Road into a grand entrance to the “civic center.” The city, at its usual snail’s pace, proceeded to reconfigure the La Paz/Marguerite intersection. It looked like a war zone and took so long to complete that some small businesses failed because shoppers avoided the area. Voters said no to a new city hall, and they said no to breaking away from the county library system. Despite Butterfield being dumped in 2002, she said she prevailed because she got “her” library. The cavernous new city hall isn’t nearly as empty as it used to be because it’s filling up with employees.

During the recent polling assault on 400 people who apparently don’t have answering machines, True North Research “discovered” that 68 percent of those polled “have never heard of The California Promise.” Apparently, this “finding” is justification to destroy it.

And how does the city know that any finding of True North is valid? Because True North says so! Note that the verbiage says “68 percent of those polled.” This should not be misconstrued to mean 68 percent of Mission Viejo residents. The true finding of True North’s poll is that 100 percent of those polled either don’t have answering machines or they’re so lonely they would pick up the phone and talk with a pollster.

Here’s an idea for the next push poll. Many Mission Viejo residents don’t know the location of city hall, and many more have never been there. True North should ask: “Since most residents have never set foot in city hall, should the building: A) be razed to make room for a city park, B) be sold as commercial office space to raise money for capital improvement projects, or C) converted to an airport terminal?

Some folks might go for “A” if a P.R. consultant such as Roger Faubel tells them the park will include an 18-hole golf course. Some might choose “C” because it sounds like a progressive idea. But the most reasonable-sounding answer is “B.” With only three options, “those polled want to sell the building.”

In a slowing economy, the city will now dip into reserves to enable the council to fund all its pet projects, add more staff members and allow city administrators to continue creating make-work projects. If desired, True North could poll again, showing residents are so ecstatically happy with everything, the city election should be cancelled this year.

Easelgate Update
Editorial staff

The controversy following the April 22 sighting of hundreds of easels piled on a hillside isn’t going to end soon. After the city took six weeks to release documents to community activist Lisa De Paul-Snyder, she and other residents reviewed data appearing to be phony or created after the fact. De Paul-Snyder’s May 23 request for information about costs of the city’s 20th anniversary photo display resulted in a 59-page file of invoices – generally one per page – with numerous blank divider pages. Activists reviewing the material say it calls into question the city’s honesty and the true cost of the project.

City employee Keith Rattay was quoted in the May 23 Saddleback Valley News saying the easels cost approximately $15 each. In the 59-page file, the city provides information that the cost was approximately $40 per easel. Information from other sources indicates the cost of materials plus labor (at $45 per hour) was more than $150 per easel – at least $75,000 for 500 custom-built easels. Rattay in a June 16 memo to City Manager Dennis Wilberg states that 150 volunteers donated 800 hours toward assembling the easels. The contractor’s invoices for building the easels – 500 or more, as documented in the 59-page file – don’t support the claim of volunteer help.

Rattay on June 30 made an appointment with Saddleback Valley News reporter Lindsey Baguio prior to releasing the documents on July 2 to De Paul-Snyder. The reporter was the first to receive data that De Paul-Snyder requested. When Baguio reported her meeting with Rattay in SVN, the headline was “Damage Control.” Activists agree, it’s too late for Rattay to spin the story in his favor. He’s made conflicting statements, including the cost of easels, the number damaged and why easels were trashed on city property.

To view a copy of the 59-page file the city gave to De Paul-Snyder, click here

On July 10, De Paul-Snyder sent another request to the city for public records. Her request narrows the focus to a single city contractor, Jamey Clark, who performs odd jobs for the city, generally at $45 an hour. Speaking of odd, is $45/hr the going rate for unskilled labor to assemble easels – work that volunteers allegedly could do?

Below is a partial list of comments from feedback by those reviewing the 59-page file. Because feedback has been extensive, and the list has been shortened to 10 representative items.

1. Clark’s invoices don’t support Rattay’s statements. Numbers don’t match, and info is missing. Where are invoices for March? Explain invoice for $58,724.07.
2. Why did the city order 500 cameras from an East Coast business and pay $210.30 for shipping instead of buying cameras from a Mission Viejo supplier?
3. How many easels were damaged to the degree they couldn’t be reused? This number has changed from “a few” when Rattay was quoted in the paper to 93. Destruction of 93 easels isn’t “a few.” Why no police report? What evidence does the city have that the easels were “damaged by kids”?
4. Need records pertaining to the materials and construction of large 8’ signboards (referred to in Item No. 5 page 2 as “20 large easels”), including the 75 (?) built for the Veterans Day event in November 2007 that seem to have disappeared. How many signboards were constructed, where are the signboards today and, if they were disposed of, why? Why is the city mixing these two costs and now referring to large signboards as easels?
5. When the city realized the costs would exceed the ceiling for a no-bid contract, did the city issue requests for competitive bids? Why wasn’t cost of $31,575 presented to the council for a vote, as must legally happen?
6. Ask for a list of volunteers and contact information for the memo’s claim of “150 volunteers” and an account of their “800 hours.” Provide copies of any communication with groups. If no list exists for the volunteers and the number of hours each volunteer worked, how were these numbers (150 volunteers and 800 hours) calculated? Where are photos of work sessions? Where did these alleged work sessions take place? Did volunteers sign a release or did they agree to work at their own risk? Did the organizations have to post bonds or provide evidence that their volunteers are covered by insurance?
7. About the claim “10,000 people enjoyed” the photo display during a two- to three-week period. How was this number calculated?
8. A later claim (page 2 of the documents) states the walking trail is used by “over 500-1,000 people per day.” Comparing this claim and No. 10 above, it would indicate up to 10,000 people use the trail during any two- to three-week period with no display in place. Thus, the display being there attracted no one.
9. The “immediate” take-down following the ending date of the display has been emphasized in city documents. Did the city receive complaints about 1) the unsightly, junky look of easels and lawn furniture (Adirondack lawn chairs) on public property, 2) the illegality of freestanding and oversized signage or 3) the liability of people tripping on debris or having an 8-foot signboard fall on them?
10. The 6-18-08 memo states 190 easels are to be used for many years to come, but item 5-C on page 2 states the easels are made from inexpensive wood. With easels currently outside on the ground, are these statements compatible with each other?

Not counting salaries of city staffers and potential temporary workers who may have been sucked into the project, the cost of the photo gallery was stated in Saddleback Valley News as $31,575.73. Activists who believe 500 custom-made easels cost $75,000 are now estimating the total cost of the photo gallery project was $90,000.

Reader Response
Spin and Be Happy

Has anyone noticed the latest installation of oversized banners? This time, we are being reminded to READ. Yes, that's right, the city is now spending money on yet another brainwashing campaign. These huge full-color banners are mounted on wooden combination planter-stands and are placed approximately every 12 feet or so from one end of the civic center parking lot to the other. 

The only people who will see the banners are those who work for the city, have some errand at city hall or are already visiting the library. Is the purpose of the expenditure to remind those going to the library that they should READ? Wow! What a brilliant idea! Maybe the 150-plus city employees have so little to do, they spend their time coming up with ways to squander city funds. No wonder the city needs to dip into reserves to fund capital improvement projects.

I guess as long as a money-wasting scheme can be divided into parts costing under $30,000 each, no one needs to know about or approve the expenditure. And, to top it off, once the correct spin is applied to the facts, everyone can feel good about themselves and be happy, happy, happy.

Name withheld by request
Mission Viejo

UCI Pulls Out as Host of Toll Road Hearing
Editorial staff

Activists and other community members planning to attend the July 25 hearing at UCI’s Bren Center received news July 11 that the event won’t take place at UCI. The OC Register and LA Times ran articles on July 12 explaining why UCI officials decided not to host the hearing on the proposed Foothill South toll road extension. A UCI spokeswoman cited capacity and security issues as reasons for the change of plans.

The Coastal Commission in February ruled against the toll road extension, but the Irvine-based Transportation Corridor Agencies filed an appeal with the National Oceanic and Atmospheric Administration, which oversees coastal use. The U.S. Commerce Secretary could overrule the Coastal Commission’s decision on grounds completing the toll road has a federal impact.

UCI officials decided the Bren Center couldn’t accommodate the crowd when the estimated attendance grew to 10,000. One reason toll-road supporters wanted the hearing located in Irvine was their belief it would draw attendees in favor of the toll road. Posts on blogs indicate that activist groups were working hard to mobilize toll-road opponents, ensuring they would outnumber those favoring the extension.

This blog’s staffers agree with opponents of the extension on the basis the southern half of the proposed route would not alleviate traffic congestion as claimed. Bloggers oppose escalating the battle over building a road through a state beach for the sake of building a road without adequate benefits except to its developers and investors.

The NOAA announced on July 11 that it is looking for a new location to hold the July 25 hearing. An NOAA spokesperson indicated the hearing might be canceled if a new location cannot be found to accommodate at least 10,000 people.

CUSD Update, July 12
Editorial staff

Summer months are quiet in some districts, but not Capistrano USD.

Former Supt. James Fleming and former administrator Susan McGill were back in court on July 11 for a pre-trial hearing. They were charged in May 2007 with multiple felonies. The trial has been delayed twice, and another pretrial hearing is set for Aug. 8. The trial is scheduled to begin Aug. 12, but the D.A. could ask for another delay to gather more evidence.

Kevin Gallagher, the attorney for McGill, mentioned the thousands of pages of evidence when he talked about the delay in a July 11 Orange County Register interview: "It really reflects the factions within the school district who seem to be going to war with each other. I'd say the D.A. has picked up on that and is prosecuting some of the parties, and in the case of my client, unjustly."

So, there’s the defense in a nutshell. Blame the warring factions for Fleming illegally using district funds to fight a ballot issue and McGill lying about the creation of “enemies lists.”

On another legal front, the D.A. is looking into Supt. Woodrow Carter’s three-year $974,850 contract. After the board of trustees approved the contract on Feb. 25, the terms were changed to give the superintendent 18-months’ salary as severance pay if he’s fired. A complaint to the D.A. indicated that old-guard Trustee Mike Darnold was involved in changing the contract after the board approved it. The board later offered Carter a new contract without the clause.

Following the successful June 24 recall of Trustees Marlene Draper and Sheila Benecke, the board now has a 5-2 majority of reform-minded trustees with the addition of Sue Palazzo and Ken Maddox. They’ll pick up discussion about the high-pressure fuel pipeline near the new high school when the final report about the pipeline is presented on July 21. The report’s author is claiming no threat exists to students at San Juan Hills High School. Palazzo and Maddox have said they’ll look at a variety of safety issues at the school, including the pipeline. The D.A. is investigating safety and other issues at the high school.

A parent, Jim Reardon, discovered the pipeline’s location and noted it’s too close to the campus to be deemed safe. He also noticed errors in a preliminary report presented to the district on June 16. The district shut down nearby sports fields when the controversy developed over the pipeline, but district officials and old-guard trustees have downplayed the dangers regardless of any discoveries or revised data.

The consultant presenting the June 16 report said damage from earthquakes or fires was very unlikely. Parents and other constituents might remember when questions arose about building the high school next to the dump. When parents asked about the dangers of dust or toxic substances being blown by the wind from the dump to the campus, a consultant responded it’s not a problem. The wind doesn’t blow in San Juan Capistrano.

The next school board meeting will be Monday, July 21.

The Buzz

A reader alerted this blog to the newest addition of taxpayer-purchased junk on the sidewalks. Approximately twenty 8-foot-tall signboards are sitting along curbs in the library/city hall parking lot. Weights at the base – box-type planters with shrubs – are needed to prevent the unsightly behemoths from falling over. As described above in a “reader reaction,” banners hang from the frames. Is a city hall administrator obsessed with enriching city contractor Jamey Clark by ordering MORE custom-made wooden junk? All structures are painted with the city’s signature cow-dung color.

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Readers are asking why the city is paying Jamey Clark tens of thousands of dollars each month for doing odd jobs. Along with building 500 easels for the 20th anniversary photo display, Clark picked up four truckloads of broken ones from public property near Michaels craft store and took them to the county dump on April 25. A blogger responded: “Clark is probably the one who’s been taking city hall’s secrets to the dump for years. He knows enough that he can get paid $45 an hour to assemble easels, haul trash, take campaign signs off the street and count traffic cones. Why does he get $45 an hour for manual labor? I’d guess his fees are $8 an hour as minimum wage and $37 an hour for keeping his mouth shut.”

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As speculated by The Buzz several weeks ago, the city launched its own blog on July 11. Go to http://missionviejolife.org to look at the same type of fluff residents see in the City Outlook Magazine. Various activists are predicting that the city’s endeavor will be short-lived. Censoring of posted remarks would infringe on freedom of speech, and city administrators probably won’t tolerate the barrage of criticism they’re going to receive for things like the Rose Parade float, blowing $15 million on the senior-center expansion, Easelgate, Firegate and the newest catch-all, Rattgate.

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Mission Viejo resident Evelyn Olson had a letter in the July 9 SVN, her second in six weeks. Her May 30 SVN screed included a laughable claim that “vandals” broke the easels city staffers dumped on a hillside. In her July 9 letter, she denied she had been recruited by city staffers to write a letter praising them. But she indicated she likes to go to Mayor Trish Kelley with any problem she has. Oh, really? A blog contributor said upon seeing the May 30 letter that Olson is a Kelley supporter. Thanks for the insight about who inspired Olson’s flowery description of wonderful city staffers and the brilliant city council. By the way, a resident called Kelley about the pile of easels after seeing them dumped on a hillside and didn’t get an answer.

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Reader comment: “I read on the blog several months ago about planes flying over the city. During the October fires, I was noticing a lot more air traffic, and I thought planes were being diverted because of the smoke. The blog instead said the planes, particularly after 11 p.m., are military aircraft. Well, they’re increasing again after a few months of relative quiet. Some of them seem to be flying at low altitudes, and the engine noise is pretty weird. If anyone can comment on this, I would like to know.”