R-T-V Initiative: It’s a Wrap

By the time most blog readers see this update, the Mission Viejo Right-To-Vote Initiative petitions will be in the hands of the city clerk. The signature-gathering phase officially ends Mon., Jan. 26.

The number of valid signatures to qualify for the ballot is 6,200 (10 percent of registered voters who live in Mission Viejo). The final count exceeded 11,000 signatures. Did they go overboard getting more than needed? Several of the initiative’s volunteers had worked on similar projects and learned of potential challenges. In the 2005 effort to recall all seven CUSD trustees, Registrar of Voters Neal Kelley decided to throw out one third of 177,000 signatures, which stopped the recall. As a result of his actions, Kelley continues to fight lawsuits. He broke laws, which he refers to as “making mistakes.”

If the RoV deems that at least 6,200 of the signatures are valid, the R-T-V Initiative will qualify for the next General Election. If the RoV counts at least 9,300 valid signatures, it will qualify for a special election. The initiative’s proponents hope it will appear on the statewide ballot this spring. The state election is anticipated but not yet scheduled, and officials are discussing dates in April, May and June.

Thank you to all who gathered signatures and helped to move the initiative forward. It took everyone to do it, and any success is the result of Mission Viejo residents’ widespread support.

Casta Golf Course Update

A Mission Viejo resident who lives near the Casta del Sol Golf Course forwarded a Nov. 10 article from CFO.com, “Default Clouds Hover over Sunrise Senior Living.” Here’s the link: http://www.cfo.com/article.cfm/12585301/c_12583719?f=home_todayinfinance

According to Stephen Taub of CFO.com, Sunrise Senior Living Inc. “reported a $68.7-million third-quarter loss, versus a $38.2-million profit a year ago.”

The article states, “Sunrise Senior Living Inc. warned that it does not expect to be able to satisfy some financial covenants under its amended bank credit facility by year-end. As a result, on Jan. 1 it may no longer be able to borrow unless it receives an additional wavier from lenders.”

The corporation’s financial issues could account for its plans for the Casta course being on hold or uncertain.

Saddleback Valley News quoted a Sunrise spokesman on Aug. 15, 2008, when he said Sunrise was withdrawing its plan to build on the Casta golf course. He alluded to the uncertainty of getting approval for his company’s homebuilding plans. Volunteers working on the Right-To-Vote Initiative had been gathering signatures for a week, and Mission Viejo residents were lining up at storefronts to sign the petition. The community’s resistance to homebuilding on the golf course was obvious.

While American Golf would likely sell the Casta golf course to Sunrise or another buyer if it could, the seller would be obligated to disclose that the voter initiative is in progress. If the potential impact of the initiative doesn’t stop homebuilding developers from making offers on the golf course, the decline of the housing market has virtually halted homebuilding.

The link above lists other articles that reveal the extent of Sunrise’s problems, including a formal probe by the SEC, lawsuits and real estate errors.

The Perfect Storm

Preserving the Casta golf course is at the forefront, but it’s just one of several Mission Viejo properties targeted for high-density development. The city’s Master Plan as conceived by the Mission Viejo Co. included no apartments, but things changed. After the community became a city, various councils rezoned commercial and open space to high-density residential. Some residents are surprised to learn that the council can rezone major properties without a popular vote. Voters in other cities (including Yorba Linda, Newport Beach and San Clemente) have approved initiatives to require that zoning issues go on the ballot.

Community activist Dale Tyler introduced the concept of a zoning initiative for Mission Viejo at an activist meeting in 2004. At stake at the time was Steadfast’s property, a 23-acre parcel located at Los Alisos and Jeronimo. Steadfast in 2003 proposed 800 apartments on the site, and those residing nearby immediately objected. The locale already had more than its share of high-density housing, and Mission Viejo was built out. Fortunately, the Planning Commission had responsible members who said no to the project. Steadfast’s managers came back repeatedly, and the project evolved to mixed-use. The council passed (with a 5-0 vote) the mixed-use plan of housing and retail, allowing condos and a new Target store. Had the Mission Viejo Right-To-Vote Initiative been in place, residents (not the council) would have had the final say.

For years, Tyler tracked the development of zoning initiatives in other cities, particularly Yorba Linda’s Right-To-Vote Initiative, which became the basis for his first draft.

Tyler’s focus group of approximately 20 activists in 2004 immediately supported the concept of giving voters the final say on any rezoning issue of significance. Tyler presented his concept as a ballot initiative in May 2008. On August 8, residents began gathering signatures to put the initiative on the ballot. While the Casta golf course hadn’t prompted the initiative’s development, it proved to be the perfect storm. The prospective buyer of the golf course, Sunrise, had created a furor by announcing a proposal to build an assisted-living facility where the clubhouse now stands.

Prior to the signature drive for the Right-To-Vote Initiative, HOA boards near the Casta golf course circulated informal petitions, but none had legal impact. While the HOAs’ efforts were commendable, their petitions were pleas that could have (and probably would have) fallen on the council’s deaf ears.

If the initiative qualifies for the ballot and voters approve it, the council’s rezoning power trip will end. Whether or not the first test case of the initiative is the golf course, its neighbors should rest easier if they have an insurance policy against bad rezoning decisions by the council.

Campaign Group Reconvenes

Those who fought the proposed extension of the 241 toll road through a state park will reconvene on Sat., Jan. 31, from 1 to 5 p.m. at the San Mateo Campground, with Friends of the Foothills hosting the event.

Mission Viejo residents were among those who opposed the route for a variety of reasons. Some contended the route wouldn’t relieve traffic congestion as claimed. The proposal also included a non-complete clause whereby taxpayers would be forced to enrich private enterprise by having to pay penalties to the TCA if the I-5 were widened.

Robin Everett, a spokesperson for Friends of the Foothills, announced the get-together and said, “We will have food, games and prizes and lots of reminiscing on the last 10 years and how we achieved this amazing victory.”

Directions:  Take the Christianitos exit off the I-5 and head east. To go to the Trestles parking lot, turn left at the first stop sign and right into the first parking lot. To go to the campground, go straight through the stop sign and the campground is about one-half mile down on the right-hand side. In a second announcement, Robin added, “Our location has been slightly moved, and we will now be in the group camping area on the far side of the park. We will have signs to help lead you.”

Parking in the campground is permitted with a $10 day-use fee. Another option is to park at the Trestles and walk the Ancestor Trail to the campground.

Please RSVP by contacting Robin, 949-361-7534 or 949-338-5356 cell or 949-336-2109 fax

The Buzz

New information came out last week about Mission Viejo’s Rose Parade float that further demonstrates what’s wrong in city hall. Councilwoman Cathy Schlicht noticed in the city’s check register a payment of $5,842.20 for rental of two RVs from a Huntington Beach limo business. When she asked the city manager about it during a council meeting, he answered that the RVs were used as “staging areas” for the float. Mission Viejo’s 98,000 residents should respond in unison: WHAT??? It must have been quite a tailgate party to require the weeklong rental of two RVs. Check out Larry Gilbert’s post on OrangeJuiceblog.com, http://orangejuiceblog.com/2009/01/reviewing-the-city-of-mission-viejos-check-register . Brad Morton posted a similar article on MissionViejoDispatch.com, http://missionviejodispatch.com/2009/01/20/rose-float-7000-rv-rentals-questioned/#comments

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A blog reader forwarded information that city administrator Keith Rattay arranged an “elegant” dinner buffet for VIPs, city officials and their guests during the Rose Parade festivities in Pasadena. A similarly outrageous use of taxpayer funds took place when city hall first opened. The city staff arranged a VIP reception to mark the occasion. The building’s owners – Mission Viejo taxpayers – weren’t invited. Attendees were limited to VIPs from out of town, city officials and their guests. Residents at the next opportunity dumped two council queens from office – Susan Withrow and Sherri Butterfield – in 2002.

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Don’t forget to vote frequently in the OC Register’s latest online poll about Mission Viejo. In a Jan. 19 article, readers are asked: Should Mission Viejo City Council members get a pay increase? By Jan. 24, 21 percent said yes, and 79 percent said no, with 397 votes. Was Lance MacLean so busy he could vote only 100 times? The article followed the Jan. 19 council meeting in which Councilmember Cathy Schlicht attempted to rescind the council’s October decision to raise its monthly stipend from $500 to $1,000. Councilman John Paul Ledesma seconded her motion to rescind but then withdrew his second after discussion. Read the story and vote often at: http://www.ocregister.com/articles/city-council-schlicht-2285315-increase-raise?orderby=TimeStampAscending&oncommentsPage=1&showRecommended Only=0#slComments

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For anyone who missed the information on last week’s blog, here’s how to bypass OCR’s voting mechanism and vote numerous times. To use the manual process: 1) vote in the online poll; 2) go to your computer’s Control Panel; 3) select Internet Options; 4) under Browsing History, click Delete; this will open a smaller window; 5) click Delete Cookies; it will ask Are you sure? Click Yes; 6) return to vote screen; 7) Refresh the screen; 8) vote again. By using these steps, someone wishing to vote numerous times will always get a new screen with choices instead of just the totals.

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Activist’s reaction upon hearing about the city manager’s $5,800 tailgate party: “The float crew had to have a place to relax after all that hard work, waving until their deodorant streaked white down their clothes. For $362,000 and still rising, the city says it attempted to draw new businesses to Mission Viejo because we have a float instead of supporting the businesses that are already here. Even payment for the RVs went to a limo business in another city, and $300,000 went to a float builder in Pasadena. Some economic development plan, huh? Some guy in Michigan watching the parade was supposed to say, ‘Now that’s the place I want to relocate my business because they’ve got a float.’”

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Does everyone remember Glendale’s float in the Rose Parade? How many Mission Viejo residents have gone to Glendale after seeing their float on TV? Oh, wait. No one remembers seeing Glendale’s float.

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The city manager’s weekly newsletter was short on news this week, so he was crowing about sales at an auto dealership in Mission Viejo not being as low as in Tustin. Isn’t it great that somewhere else is worse off than Mission Viejo? Happy, happy, happy.

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The Jan. 24 OC Register reports that the Capo school district doesn’t plan any midyear layoffs in response to Gov. Arnold Schwarzenegger’s (R-Austria) proposed funding cutbacks. At the district’s budget meeting on Jan. 20, CUSD administrator Ron Lebs indicated this year will be bad and the following year will be much worse. If high-paid administrators are able to hold their ground long enough, will they be the only employees left?