Business Licenses in Mission Viejo?
by Dale Tyler

At the recent September 21, 2009 City Council meeting, Lance Maclean requested that staff prepare a cost estimate of registering all businesses operating in the City of Mission Viejo. Was this more of the big government, tax and spend approach that is Lance's primary focus?

Some history may be helpful in framing this issue. Mission Viejo, as part of its formation, decided to be as business friendly as possible and place no barriers in the way of starting a business in our city. We do have strict standards for constructing buildings that house businesses, but once a building is properly constructed, the actual business that occupies it can just start operating. We don't currently have any requirement for the business to get a license or any other form of city interference. In fact, Mission Viejo has a competitive advantage over other cities that impose business licenses and taxes.

Although the city government has grown large and expensive, some parts of our small government tradition still remain. Lance MacLean proposes to extinguish this freedom by imposing registration on all businesses in Mission Viejo.

What value could business registration provide to the citizens of Mission Viejo? Literally, there is no value to the people whatsoever. I suppose that some of the bureaucrats in city hall might like the sense of control they would get from knowing where every business is located, what they make or sell, what their sales figures are and how many employees they have, along with innumerable other details. Non of this helps the public nor the business owners themselves. Instead, I suspect this is a means to the next step, business licenses.

Business licenses allow the city to decide who can open and operate a business in the city. They give the city bureaucrats the power to say what kind of stores will be permitted. Too many hardware stores – too bad you can't open your doorknob emporium, too many copy shops – too bad, no fast copy shop for you. Then there will be the endless appeals to the City Council to overturn the denial of licenses and the discussion of what is better for the city, which should be decided by the entrepreneurs who are willing to spend their own money to add to the city's economic life.

Business licenses have become a way for cities to indirectly tax their residents. Once you need a license to operate a business, then there needs to be a fee for that license. After that, its a simple step to a gross receipts tax, a facilities tax and as many other taxes as the city can dream up. All of these would mean higher prices for those who shop at the stores and use the services of local businesses.

Overall, nothing good can come from the city staff sticking their noses into other people's businesses. It would be nice if the big government types would see that the vast majority of the citizens in Mission Viejo don't want more government intrusion into their lives.

Residents Decry Foul Smell

Residents of north Mission Viejo rallied at city hall on Nov. 12. Approximately 35 parents, children and other residents of north Mission Viejo asked city officials for answers about the foul smell rising from Upper Oso Reservoir. The 1.3-billion-gallon lake belongs to Santa Margarita Water District.

Residents who live near Upper Oso reported a foul odor on Oct. 28. SMWD didn’t respond until after evidence pointed to the reservoir. The city of Mission Viejo has been using water (off and on during the past two weeks) from the reservoir for irrigation, which contributes to distribution of the stench. SMWD declared the odor to be a harmless nuisance, but residents disagree, saying it makes them sick.

After two weeks without an effective remedy, residents organized the Nov. 12 protest. The group entered city hall’s lobby, asking to speak with council members. No council members were onsite, but two city employees (engineer Richard Schlesinger and administrator Paul Catsimanas) appeared. Schlesinger told the group to address complaints to SMWD. Catsimanas suggested calling the OC Health Dept. Catsimanas directs the city’s emergency operations program.

Following the Nov. 12 protest, the city announced it is working with SMWD but has no jurisdiction over the matter. Residents said “working with” means doing nothing while watching from a distance.

A Mission Viejo resident emailed this blog with an assessment of the city’s lack of response: “City officials not only failed, they didn’t try. When parents are reeling from the stench and their children are sick, it’s an emergency. Catsimanas is paid six figures annually to be responsible for emergency operations, and that’s a lot of money to tell residents to call someone else.”

Months ago, this blog received a message about the lack of emergency preparedness. A blog reader emailed, “I attended a meeting about emergency preparedness in another city, and the topic of tsunami readiness came up. An employee of a beach city said he received a call from Mission Viejo city hall about MV’s need to be tsunami ready. Audience members started laughing. I guess city hall employees are worried a tsunami could hit the coast and roll uphill for 10 miles to city hall. Mission Viejo is unprepared for all else, but we’re tsunami-ready.”

The SMWD board of directors will meet on Wed., Nov. 18, 7 p.m., at SMWD headquarters, 26111 San Antonio Parkway, Rancho Santa Margarita.

Group Will Host Jon Coupal
Press Release

Jon Coupal, president of the Howard Jarvis Taxpayers Assn. (HJTA), will speak in Mission Viejo on Thurs., Nov. 19, at 7 p.m. Saddleback Republican Assembly will host the meeting at Atria del Sol, 23792 Marguerite Pkwy.

Coupal will speak about his experiences in HJTA, the largest taxpayers association in California. The organization has more than 200,000 members. Founded by the late Howard Jarvis, author of Prop 13, HJTA’s name is synonymous with tax relief and the defense of the California homeowner.

Coupal served as director of legal affairs for HJTA, and he defended Prop 140, the state’s term-limit initiative, before the California Supreme Court. In 1995, he won a major ruling before the Supreme Court with Prop 62, guaranteeing the right to vote on local taxes. He has served as chairman of such initiative campaigns as the one against Prop 88, the statewide parcel tax initiative and the successful defeat of Prop 1A.

The Nov. 19 meeting will be held in Atria del Sol’s first-floor dining room, and everyone is invited to arrive early for refreshments prior to the meeting. Atria del Sol is on the northeast corner of Marguerite Pkwy and Casta Drive, and extra parking is available in the lot on the south side of Casta Drive, behind the tennis courts and Nadadores’ swim facility.

Admission is free, and guests are welcome. For additional information, call SRA President Matt Corrigan or Kathy Corrigan, (949) 830-8088.

La Paja Lane Remodel Update

Homeowners in Mission Viejo’s Mission Ridge neighborhood have endured a remodeling project that rivals the Winchester Mansion of San Jose. Into its tenth year, Mission Ridge’s La Paja Lane remodel is supposed to be completed in mid-December. In May, the completion date was September.

The owner of the remodeling project got the public’s attention earlier this year by requesting a permit to build an 18-car underground garage. The permit was denied. The house has grown to 9,000 square feet, with much of the work initiated without permits or concern for city code. When Mission Ridge homeowners have complained, city officials have, at best, demonstrated leniency toward the perpetual remodeler.

City Hall set a precedent in 2003 when another remodeling project was incomplete after one year. The construction project on Seranata Drive was scrutinized from across the street where a city employee lives. The city employee complained, and the city took action, suing the homeowner who was doing the work.

To view the current time line for completion of the La Paja Lane project, follow (this link).

Mission Viejo community watchdog Joe Holtzman commented on the time line, “This document is pretty much of a joke. There are two types of tracking tools that are typically used for this kind of planning and tracking of a project. One is a Gantt Chart, http://www.smartdraw.com/specials/ppc/gant-chart.htm?id=45112&gclid=CN-Lr-SPiZ4CFQ8MDQodYlHSoQ

and the other is Microsoft Project, http://office.Microsoft.com/en-us/project/HA102130271033.aspx

The project overseers truly have no idea what they are doing, and this document proves it. Or maybe it is purposefully constructed to mislead people or confuse them. Please note they have missed a number of key dates and have rescheduled others. This rescheduling will be lost to the document in the next update, as they will most likely measure themselves to their new dates, not the original dates. So much for the poor citizens who have to live with this ongoing assault on their lives.”

As of Nov. 13, the construction manager’s anticipated completion dates are Dec. 15 for exterior work and Dec. 21 for interior work.

Recall Update

Candidates must complete the filing process by Nov. 19 if they want to replace Councilman Lance MacLean in the Feb. 2 recall election. As of Nov. 13, three potential candidates had taken the first step by “pulling papers” at city hall.

The first person to pull papers was Dale Tyler, a longtime resident who has participated in the city’s political process. A well-known advocate for small government, he is also the proprietor of a Website developed by volunteers, MissionViejoBusiness.com, to promote the community. Tyler created the Mission Viejo Right-To-Vote Initiative, which qualified for the June 2010 ballot. When enacted into law, it will give voters the final say on major zone changes, protecting such properties as the Casta del Sol Golf Course from housing development.

Jeff Weekly was the second potential candidate to emerge. He appears to be a newcomer to city politics. A reporter attempted to interview him for an article on another blog, but Weekly hasn’t returned his calls.

On Nov. 5, Dave Leckness pulled papers. He served one term on the Planning Commission, and he is known around town for emceeing community events. Leckness also served as a director on the Mission Viejo Community Foundation, which seems to have dissolved despite injections of tax dollars to keep it afloat.

Leckness agreed to an interview with blog reporter Larry Gilbert, which can be read at http://orangejuiceblog.com/2009/11/interview-of-dave-leckness-mission-viejo-recall-election-candidate/

In the interview, Leckness said his key objective is to promote small business growth because businesses are losing customers. He couldn’t point to anything the city could do to promote small business. Leckness said he didn’t sign or support the recall signature drive. He wasn’t familiar with current city issues (dog park, expansion of the tennis center or Dale Tyler’s Right-To-Vote Initiative). He said would promote a program, “Wave at a Cop,” to show appreciation, and he thought Mission Viejo is too sports-oriented. He would favor more emphasis on art.

The blog interview drew 39 comments, with most indicating Leckness lacks knowledge of city government and current issues.

The Buzz

Support Fun With Chalk Festivals and the Creative Arts Productions Foundation by enjoying a meal at California Pizza Kitchen on Thurs., Nov. 19, from 11:30 a.m. to 10:00 p.m. Print the coupon by following (this link), and present it to the server when ordering at the restaurant on Thursday. California Pizza Kitchen will donate 20 percent of the tab to Fun With Chalk Festivals and the Creative Arts Productions Foundation. The restaurant is located at 25513 Marguerite Pkwy in Mission Viejo.

***

Does anyone remember when Councilman Lance MacLean insisted the city must have an electronic sign at La Paz and Marguerite? As a key reason for tearing down the manual board, the new sign allegedly would be invaluable in flashing emergency messages to residents. Council Members MacLean, Ury and Kelley (M-U-K) approved the $120,000 electric sign on April 16, 2007, with MacLean leading the way. When north Mission Viejo began experiencing what smelled like a gas leak two weeks ago, City Hall could have keyed in a timely message. Instead, the board continued to flash the city staff’s dead tree symbol and “Follow us on Twitter.”

***

Will city staff members have time to take their own photographs for the “residents’ thankfulness display” on Crown Valley pillars before the thankfulness season runs out? Some staff members began showing desperation after postponing deadlines for residents to send in photos. The community doesn’t need a taxpayer-funded public awareness program to announce seasons. Christmas trees were already popping up between Halloween costumes at Target in October.

***

What will city officials do next to inflate Councilman MacLean’s anti-recall campaign? The dog park hoax didn’t fly for much longer than the Balloon Boy. Councilwoman Kelley is bringing back the dog park during the Nov. 16 council meeting to rescind her vote for the Oso Viejo Park site. She’s proposing that funds budgeted for the make-believe dog park in Oso Viejo Park should be preserved for a make-believe dog park elsewhere.

***

A dog park in Lower Curtis Park has been already been suggested several times by dog park advocates and rejected each time by city staff. In 2003, Mission Viejo activist Bo Klein was scouting Lower Curtis for a dog park when he discovered Dennis Wilberg’s stealth $200,000 grading project. Community watchdogs shined a light on the make-work project, and the city shut it down.

***

In 2004, the Planning Commission reviewed a proposal from a businessman for RV storage in Lower Curtis. The city rejected the concept, even to lease out the space for a five-year contract. The RV facility proposal included building a $1M access road to the 9-acre parcel at no cost to taxpayers. All proposals for any practical use of Lower Curtis have been rejected. Various city staff members have publicly lamented the lack of a road, saying the parcel’s inaccessibility prevents its use as a dog park (or whatever use is mentioned). Such remarks should be viewed within the context that the city could have had a road to the parcel, but city staff seems to have its own plans for Lower Curtis.

***

MacLean has only five council meetings before he will likely be removed in the Feb. 2 recall election. City administrators don’t have much time left to push their agenda while they still have three MUK votes lined up.

***

Check out MacLean’s newest misstep, described in an incisive post on Brad Morton’s blog, http://missionviejodispatch.com/?p=12366 On the Nov. 16 council agenda, MacLean is attempting to push business registration in Mission Viejo. Superficially, he’s concerned about medical marijuana dispensaries. When he asked during a September council meeting about requiring businesses to register, City Attorney Bill Curley complimented MacLean in what was likely a scripted dialogue. Curley said, “You may be onto a goldmine.” The words imply revenue generation, taxes and/or fees, not protecting the community from marijuana outlets.

***

MacLean’s Nov. 16 council agenda item states that the council directed staff to gather information on implementing a business registration program. Brad Morton points out on MissionViejoDispatch.com that the statement is false. Only MacLean pushed the idea, without a vote or discussion by the council. A reader commenting on Morton’s blog states MacLean’s pushing for business registration adds to reasons for recalling him.