Inside the MacLean Recall

Proponents estimate the number of signatures collected to recall Councilman Lance MacLean will soon exceed 25 percent of the total needed. The projected date for reaching 25 percent is April 9, which will mark three weeks of soliciting signatures. With 9,300 valid signatures required to qualify for a special election, the signature drive should end well before the Aug. 25 deadline.

Proponents say they’ll keep going after reaching 9,300 to compensate for any signatures thrown out by the Registrar of Voters. People signing who are not registered voters account for a large percentage of disqualified signatures. Only Mission Viejo residents may sign the petition.

The effort to recall MacLean has garnered the support of well-known community members. Among those leading the signature drive are a current HOA president and three past presidents, the person who chaired the city effort to stop the El Toro airport, two past presidents of Saddleback Republican Assembly, the current president of the Casta del Sol Democrats Club, two current council members, a former chair of the Community Services Commission and a former Planning Commission chairman.

Signature collectors say Casta del Sol residents are well informed about MacLean, and they readily sign the petition because he favored housing on the golf course. Others who are eager to sign include those who have attended council meetings because of a particular problem (cell towers, power lines, school issues or rezoning). Parents fighting to keep O’Neill Elementary School open say MacLean failed to help them. Those living near Crown Valley Parkway make such statements as “Anyone responsible for such a mismanaged project should be thrown out of office.”

Signature gatherers note that MacLean has a few friends who say their friendship is a reason for not signing. The percentage of MacLean supporters is quite low.

As a side benefit of the recall, MacLean’s demeanor on the council has improved. He’s not nearly as combative toward Councilwoman Cathy Schlicht as he was prior to receiving notice of the recall on Feb. 2. Other remarkable changes since Feb. 2 involve the council majority of MacLean, Frank Ury and Trish Kelley MUK). For example, they’ve stopped talking about adding more housing in Mission Viejo. The push to add apartments on top of stores has become the kiss of death, with Councilwoman Trish Kelley claiming the council said “thanks but no thanks” to such a proposal for the retail center at La Paz and Marguerite. To the contrary, the council made no such statement. Another item off the table is the city’s idea to buy the vacant lot next to the new Target store (Jeronimo and Los Alisos) as the site for a city-owned affordable housing project.

Is the city staff’s slogan, “Make living your mission,” gone with the recall wind? After it became the brunt of jokes, perhaps the city’s top administrators decided to pack it in.

If the threat of recalling MacLean has already caused the MUK majority to slam on the brakes, residents can look forward to permanent changes by removing him from office.

Historic Decision in the Making
by Dale Tyler

On April 6, 2009, the Mission Viejo City Council will decide whether or not to allow the people of Mission Viejo to take control of major land use decisions in the city. After gathering nearly 11,000 signatures, the proponents, including myself, delivered and had certified enough valid signatures to cause a vote at the next regularly scheduled election in June 2010.

Per the Election Code, section 9215, the City council must either a) adopt the ordinance as written without making any changes or b) set the matter for an election. It would seem obvious that the council should listen to the people and do one or the other. However, it appears that there is some consideration being given to do neither, but instead to challenge the people of Mission Viejo's right to decide for themselves how the people feel the city should be developed.

As a part of the report to the city council requested by the Council at their March 16, 2009 meeting, the city attorney, who is no friend of the people of Mission Viejo, put forth two other options besides those that would lead to the people deciding. He suggests that the council simply refuse to adopt the ordinance or to actively work to overturn the people's right to vote by seeking a preemptive court ruling as to the law's consistency with state law. Either of these two approaches is unfortunate and does not reflect the will of the majority of the citizens. It remains to be seen if the council, three of whom either campaigned on or supported the right of the people to directly vote on land use issues.

I hope that all of the council members give careful consideration to the reasons for the citizens' demands that they have a final say in any major land use decisions that occur in our city. The initiative process is a time honored tradition in California and is intended to give the people a voice when the legislative body fails to act in what the people perceive is their interest. This time, the five mebers of the city council can show that understand the meaning of “of the people, by the people, for the people”.

Here is my statement, presented before the March 16, 2009 city council meeting:

Council Members, Citizens of Mission Viejo

First, let me thank the thousands of citizens of Mission Viejo who signed the Mission Viejo Right to Vote petition in a effort to make this city a better place to live.

The Right to Vote initiative was born more than 10 years ago when the city, over the objections of local residents, rezoned land from Commercial to very high density residential housing, Over 700 apartments were built on the rezoned. This resulted in higher crime, worsened traffic and generally brought the character of the area down. One the current council members helped gather more than 7,000 signatures, which were rejected by the city.

Forward to a few years ago, when the same story repeated itself. The ex-KMart and Steadfast properties were rezoned from Commercial to high density residential housing. Again the neighbors complained, and again the city actively worked to ignore their concerns and give a valuable gift to the developers. A draft of the Right to Vote was circulated.

Finally, the last straw was when another developer proposed turning a recreational area into more high density housing. A number of the neighbors were incensed and the Right to Vote came into being. The courageous seniors in Casta Del Sol joined with activists in the city to circulate the petition and gathered over 11,000 signatures.

Tonight, you will likely ask staff to provide you with a summary of the effects of passing this initiative into law. I support this idea. When the summary comes back to you at the April 6 meeting, I ask you to immediately adopt this item. There are three council members who either ran on a promise to give the people a voice on land use issues or who have supported a similar idea since being elected. I ask you each to remember the core principles that got you elected and give the people of Mission Viejo what they want, a real voice in how this city moves into the future.

Crown Valley PORKway, Then and Now

On March 20, 2006, OC Register reporter Erika Ritchie wrote an article titled “A Mission Viejo project would add lanes to a stretch of Crown Valley Parkway.” It can be found at http://www.ocregister.com/ocregister/news/homepage/article_1060569.php

Ritchie writes, “A groundbreaking ceremony is scheduled for Friday [March 24, 2006], and construction could start next week. The project should be completed by fall 2007.”

As residents know, city hall now says the completion date will be in May 2009 (unless the sky clouds up for one day, providing an excuse for another extended delay). Or the lone workman who has occasionally been seen on the job might call in sick, stopping construction altogether.

Wasn’t this the project where Roger Faubel got a $100,000 PR contract to post signs along the road, informing motorists who were already stopped in traffic that they should expect slowdowns? Those who attended the groundbreaking ceremony in 2006 said VIPs stuck gold-painted shovels into the ground and then made their way to the trough to enjoy a taxpayer-funded lunch under a canopy.

Even back in 2006, there were signs of trouble, e.g., a city administrator’s quote:

“Crown Valley has become a regional street,” said Keith Rattay, director of public services. “Since it’s more of a vehicular-oriented street, a dramatic impact of landscaping will soften the overall effect.”

Say what? He apparently doesn’t realize Crown Valley Parkway is supposed to be a major traffic artery. No wonder traffic is stopped: city hall thinks drivers don’t mind sitting in traffic as long as they’re enjoying the view. Lanes were blocked off soon after the groundbreaking, but not for any apparent reason. Back then and to this day, drivers’ primary observation has been the lack of progress with no one working on the road.

Rattay envisions “a dramatic impact of landscaping will soften the overall effect.” Drivers who have head-ons with palm trees and pillars placed dangerously close to lanes of traffic might disagree about the proclaimed softness.

Here’s another gem from the article: “It’s going to be a significant improvement in congestion. It will increase capacity,” said Mark Chagnon, project manager.

As the reality of capacity, the widened road with all lanes open (if that should ever happen) doesn’t meet current needs. The road cannot begin to accommodate future growth to the east, which will occur as soon as the housing market recovers.

While the road crew is making little progress, city staffers are regaling themselves by over-planting the medians and roadsides, closing traffic lanes to install trees. The city says 400 trees are being added, including 50 or more mature palm trees (estimated at $10,000 each, installed). Crown Valley Porkway is to become an irrigated oasis in a parched state where residents are told to conserve water.

The article describes 30-foot-high “pilasters,” [they’re pillars] which create “gateways” to the city. This should give insight to all readers who have wondering what the *&%$ the city staff is doing.

In the article, a hospital administrator (who is now Ury’s planning commissioner) was quoted, “The widening will improve flow, especially for lifesaving services.”

Just wondering, have any “lifesaving services” been adversely impact by stopped traffic, now into its fourth year because of failed project management?

The Buzz

Thanks to a Mission Viejo resident, “Bill,” for a news tip. On April 4, Bill talked with volunteers who were gathering signatures at a storefront to recall Councilman Lance MacLean. Bill asked if anyone could address his observation, as he didn’t know who to call. He can expect a blog story with photos, which will dovetail nicely with MacLean’s recall.

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In the effort to recall MacLean, is he solely responsible for voters’ ire? Discussion at storefronts reveals that residents want to recall all three majority council members (MacLean, Frank Ury and Trish Kelley) because the MUKsters were equal partners in many objectionable decisions. As one example, the MUK members voted to reinstate lifetime healthcare benefits for three terms of part-time service. By removing MacLean from office and electing a responsible adult, the majority would change, and that’s a primary point of recalling only MacLean. However, MacLean acted alone when he assaulted a co-worker. His anger issues are unresolved – reason enough to recall him.

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To what degree have city staff members contributed to the recall’s momentum? MacLean is being held responsible (as he should be) for an out-of-control city staff. Residents are strongly reacting to traffic issues along Crown Valley, deteriorating slopes and a long list of problems that would take more than one paragraph to describe. The council has failed to rein in two key city staffers: the city manager and the director of public services. The city manager doesn’t run a tight ship, and he’s failed to keep projects on schedule and within budget. As another example, city staffers and a contractor celebrated Earth Day a year ago by trashing a hillside with hundreds of broken easels and remnants of signs saying “Be a Green Machine.” The director of public services, Keith Rattay, has been a central figure in well-documented city snafus, contributing to the voters’ will to dump a council member who rubberstamps whatever city employees put before him.

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A recent city mailing to residents, “City of Mission Viejo Annual Report 2008,” is getting such bad reviews that it merits an article. It’s coming. Taxpayers strongly object to government mailers that resemble pricey corporate-image pieces. The 20-page, full-color brochure flaunts the council’s wasteful ways and documents reasons for the recall. A photo of the $400,000 Rose Parade float occupies the inside front cover, but the text makes no mention of cost to taxpayers. The brochure names the few new businesses that have opened but offers no balance with the long list of businesses that have closed. A particularly odd choice is a full-page photo of an ocean cruiser opposite the page titled “Public Works.”

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As follow up to the press release in this issue about the recall, go to http://orangejuiceblog.com/2009/03/is-mission-viejo-councilwoman-trish-kelley-interfering-in-the-maclean-recall/ Excellent coverage is provided by Larry Gilbert, who writes for the county blog.