Back and Forth on Lifetime Medical
by Dale Tyler

With all of the positioning and public relations activities occurring with regard to lifetime medical benefits for City Council members, one might think this issue was one of the most complex to face our city in decades.

The simple truth is that the current City Council members (Ury, Kelley) who are eligible for the benefit want to get get medical insurance, but don't want the public to think they want it. The reason for this subterfuge is that it is costly to the taxpayer, nearly $300,000 each and most citizens don't think the part-time City Council deserves it. Yet, both Ury and Kelly keep searching for a way to get the benefit later while appearing to be fiscally prudent and thus say they never want it.

The most recent round of positioning occurred at the last council meeting, when three council members voted to keep the benefit – Ury, Kelly and their lapdog Leckness who is so confused he said he would vote against lifetime medical before he voted for it.

The next council meeting, scheduled for July 6 will see Ury and Kelley trying to “repudiate” or “reject” lifetime medical benefits. Why do this when they could have rejected the last meeting by simply voting to eliminate the benefit for all present and future council members? The answer lies in their actual motives – to keep those benefits for themselves. As public employees, they can't actually bind themselves to not getting lifetime medical by signing an agreement. Nothing they do, short of passing a law eliminating the benefits and then not repealing the law after they are re-elected will serve to prevent Ury and Kelly from getting lifetime medical. Without a law stating there are no benefits, Ury and Kelly can simply change their minds next week, next month or when they are off the council and beyond being accountable to the voters.

Thus, the so-called “rejections” are little more than complicated lies intended to divert the public from the simple truth that Ury and Kelley want the lifetime medical benefits. They can be easily reversed at any time by the council member making the “rejection”, as they are mere promises to act in a certain way.

Another method that Ury and Kelley are trying to use to get the benefits they think they so richly deserve is to try and blame the only other council member that could have been eligible for lifetime medical benefits, Gail Reavis. They claim that Reavis could claim a benefit at any time, even though she did not serve 12 years on the council. However, it has been more than a year since Reavis left the council and no claim has materialized. It is interesting that, one the one hand Ury and Kelley lie to the voters about their “rejection” being binding on them, while at the same time, they accuse former council member of being able to claim a benefit to which she is not entitled by law.

The bottom line is that, once again, Ury and Kelley are trying to convince the public that they are fiscally prudent and morally unwilling to benefit unjustly, by “rejecting” the lifetime benefits. This is being done for the sole purpose of getting Kelley reelected in November. It is instructive to note that this was done in 2008 and then undone as soon as Ury was reelected. I predict that both Ury and Kelly will do whatever they can to receive a lifetime medical benefit, either by withdrawing their “rejection” on the “advice” of City Attorney Curley immediately after the 2010 election or when they are finally off the council by voter choice or term limits.

Hopefully the voters will pay attention to this issue in November and refuse to reelect Kelly to a third term which would guarantee her lifetime medical benefits

Mission Viejo Patriots Stay the Course

The origin of the national Tea Party Movement can be traced to February 2009 when Keli Carender organized a grassroots rally in Seattle on Feb. 16 to protest the stimulus bill. News of Carender’s event spread quickly, and similar protests were held in other cities in February. By April 15, more than 750 Tea Parties were held nationwide to protest out-of-control spending and excessive taxation, and Mission Viejo was among the 750.

Protests are not new in Mission Viejo, where members of the Committee for Integrity for Government regularly rallied on the corners of La Paz and Marguerite. Although the CIG stopped meeting in 2003, Mission Viejo residents were accustomed to seeing the group picketing on the corners. When the Tea Party concept took off in 2009, many former CIG members were back out on the same corners.

While some segments of Tea Partiers around the country have become Third Party advocates, Mission Viejo Tea Party Patriots are staying with the original purpose. The following Mission Statement and core values can be found on the Website of Tea Party Patriots, a nationwide organization.

Mission Statement: The impetus for the Tea Party movement is excessive government spending and taxation. The mission is to attract, educate, organize, and mobilize fellow citizens to secure public policy consistent with three core values of Fiscal Responsibility, Constitutionally Limited Government and Free Markets.

Fiscal Responsibility by government honors and respects the freedom of individuals to spend money that is the fruit of their own labor. A constitutionally limited government, designed to protect the blessings of liberty, must be fiscally responsible or it must subject its citizenry to high levels of taxation that unjustly restrict the liberty our Constitution was designed to protect. The increasing national debt is a grave threat to national sovereignty and the personal and economic liberty of future generations.

Constitutionally Limited Government: Tea Party Patriots are inspired by our founding documents and regard the Constitution of the United States to be the supreme law of the land. We believe that it is possible to know the original intent of the government our founders set forth and stand in support of that intent. Like the founders, we support states' rights for those powers not expressly stated in the Constitution. As the government is of the people, by the people and for the people, in all other matters we support the personal liberty of the individual, within the rule of law.

A free market is the economic consequence of personal liberty. The founders believed that personal and economic freedom were indivisible, as do we. Our current government's interference distorts the free market and inhibits the pursuit of individual and economic liberty. Therefore, we support a return to the free market principles on which this nation was founded and oppose government intervention into the operations of private business.

Tea Party Patriots, Inc. is a non-partisan grassroots organization of individuals united by our core values derived from the Declaration of Independence, the Constitution of the United States of America, the Bill Of Rights as explained in the Federalist Papers. We recognize and support the strength of grassroots organization powered by activism and civic responsibility at a local level. We hold that the United States is a republic conceived by its architects as a nation whose people were granted "unalienable rights" by our Creator. Chiefly among these are the rights to life, liberty and the pursuit of happiness. The Tea Party Patriots stand with our founders, as heirs to the republic, to claim our rights and duties which preserve their legacy and our own. We hold, as did the founders, that there exists an inherent benefit to our country when private property and prosperity are secured by natural law and the rights of the individual.

Mission Viejo Group Plans July 4 TEA Party

On Sun., July 4, Saddleback Republican Assembly invites community members to take part in an Independence Day rally. SRA, which organized Mission Viejo’s April 15 Taxed Enough Already (TEA) Party, is planning a 90-minute rally from 7:00 p.m. to 8:30 p.m. on July 4.

The Tea Party emcee will be Jeff Morrow. The program will include speakers and patriotic music.

The July 4th rally will be held on the corners of Marguerite Parkway and Olympiad Road in Mission Viejo. The intersection is near the northwest end of Lake Mission Viejo. A nearby event will be the city’s July 4th Street Faire, which takes place on a section of Olympiad Road east of Marguerite Parkway.

Although protest signs will be provided during the rally, Tea Party participants are invited to bring a sign of their own making or an American flag to wave. The peaceful protest is suitable for families and people of all ages. Following the rally, a fireworks display nearby will begin at 9:00 p.m.

The purpose of the July 4 TEA Party is to build on the national taxpayer protest movement, which is fashioned after the Boston Tea Party of 1773. SRA’s April 15 Tax Day Protest attracted approximately 700 participants.

For additional information, call Matt Corrigan, SRA president, (949) 830-8088.

CUSD Update

One characteristic of the 2010 Capo recall group (also known as Children First and Parents for Local Control) is its attempt to distance its supporters from the teachers union, Capistrano Unified Educators Association. Press releases repeatedly state the recall is a “parent-backed effort.”

While opinions may differ, campaign finance reports and Registrar of Voters’ records are not opinion. Following is information that shows who funded the signature drive and signed on as proponents. Official recall documents list proponents (two separate attempts to file paperwork to recall Trustees Mike Winsten and Ken Lopez-Maddox).

Campaign Financial Statement for Parents for Local Control (recall group) donors:

• Gail Benda, treasurer and donor, is a retired CUSD teacher
• Jim Corbett, CUSD teacher
• Ezequiel Barragan Sr., son Ezequiel Barragan is a Dana Hills HS teacher
• Christin Thomas, husband is a physics teacher in Garden Grove USD
• Krickette Frederick is a CUSD teacher
• Geno Dragovich is a CUSD teacher
• Ann Worthington, retired attorney
• James Sigafoos, his wife is a CUSD (SCHS) teacher

Add this to the following:

• Chris Korpi, spokesperson, was a middle school teacher

Proponents, first attempt to begin recall Winsten and Lopez-Maddox:

• Frank Thomas- Larkin-Wife Gayle retired CUSD-25 years in district as of 1999
• Lucille McCann, retired; husband may have taught for 12 years, Santa Anna College
• Edwin Neely- Retired, Bergeson Principal
• Ron Dempsey-Retired CUSD administrator
• Pete Espinosa, former CUSD trustee, recall spokesman, Saddleback College teacher
• Richard Broberg- CUEA Grievance committee; 2009 CUEA retiree
• James R Sigafoos - wife is a teacher at SCHS

Others, no connect found to unions:

• Robert Benson
• Kevin Murphy
• Mary Ellen Storm

Proponents, second group of proponents, 6 of 10 connected with teachers

• Michael J Merrifield, College Educator professor 
• James R Sigafoos, wife is a teacher at SCHS
• Pete Espinosa- former CUSD trustee, recall spokesman, Saddleback College teacher
• Gail Benda, treasurer and donor, is a retired CUSD teacher
• Truman Benedict, retired educator
• Peter H Ditto, educator

Others, no known connection to unions:

• Judy Heidel
• John Alpay
• Susan M. Goggins
• Thomas E Coffin

During the strike, teachers said they were instructed to gather signatures and report back on Monday to their strike captain (this was the only time during the process anyone witnessed signature gathering in the community).

If the unions or recall proponents object to opinions, then all sides should stick with presentation of facts.

Street Repair Update

City documents comprising the 2010 Pavement Manage Report are available for public review as backup data for the July 6 council meeting. Item No. 19 on the agenda is “The Pavement Management Program: Year 2010 Update.” Here are the links:

http://dms.cityofmissionviejo.org/sirepub/cache/2/fxy1cujapeybq045xg5wxu55/2246230070320101029137 27.PDF

http://dms.cityofmissionviejo.org/sirepub/cache/2/fxy1cujapeybq045xg5wxu55/2246231070320101050564 30.PDF

http://dms.cityofmissionviejo.org/sirepub/cache/2/fxy1cujapeybq045xg5wxu55/2246232070320101056386 95.PDF

A paragraph in the first document gives an overview of the purpose: “In order to qualify for its annual apportionment of local Measure M and Renewed Measure M transportation revenues and to qualify for competitive grant funding opportunities issued by the Orange County Transportation Authority (OCTA), each Orange County jurisdiction must prepare and submit an eligibility package that documents its consistency with Measure M requirements. One of the requirements is a Pavement Management Program (PMP) update that is conducted every two years."

The final paragraph of the Executive Summary states that "excellent" is no longer the title of the top category, and "very good" is the new phrase. However, standards remain the same for this category of roads in best condition, as determined by a Pavement Condition Index.

The report specifies that the city has “identified” $2.27 million for resurfacing arterials and an additional $960,000 for a section of Oso Parkway.

The city contractor responsible for surveying the condition of the streets is Nichols Consulting Engineers. According to the documentation, the average condition of Mission Viejo streets is the top category, "very good." It will be interesting to see how the data from Nichols will reconcile with information provided by Mission Viejo residents who surveyed approximately one-third of the city’s 1,086 streets. During a 2009 Planning Commission meeting, a city employee stated that $85 million would be needed to bring city streets “up to standards.”

Ultimately, residents can judge for themselves whether their streets are in “very good” condition. Watchdogs have pointed out that the city’s cycle of street repairs was changed from five to seven years. The question is the potential net loss (aesthetic as well as financial) by allowing the infrastructure to decline to a point where weeds are sprouting from wide cracks in the middle of streets. From a financial angle, streets in poor condition cost up to seven times more to repair than those with less damage in a shorter cycle.

The Buzz

The June 30 Capistrano Dispatch summarized the Capo school district’s finances, http://capistranoinsider.typepad.com/beyond_the_blackboard : “The district's reserves were at the minimum 2 percent, but state law will allow them to borrow for a year, so trustees took the reserves from $7.28 million to $1.8 million. Larry Christensen noted the scariest part was dipping into the reserves to pass the $364 million budget. Administrators said they hope an agreement with non-teaching employees can make up the money and restore the reserves. The teacher's contract saved the district about $17 million.”

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Of the state's 1,077 school districts, 14 are classified as in especially dire condition and likely to face bankruptcy, and 160 others have a “qualified” financial outlook, meaning they are at risk. The Dispatch made reference to an article in the L.A. Times. Read the entire story at http://www.latimes.com/news/local/la-me-school-finances-20100630,0,2651372.story?track=rss&utm_source=feedburner&utm_medium=feed&utm_campaign=Fee d%3A+latimes%2Fmostviewed+%28L.A.+Times+-+Most+Viewed+Stories%29 . The OC Register identified 11 out of 28 districts that filed “qualified” budgets in March, including Capistrano USD and Saddleback Valley USD http://www.ocregister.com/news/districts-255624-school-financial.html . A Mission Viejo observer commented, “How long will it be before school districts will sell closed campuses to make ends meet? Without Measure D in place, what defense do homeowners have against the threat of apartment complexes replacing schools?”

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Memorable Tea Party sign: You have run out of our money. Stop spending.

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To review the list of the county’s top pensioners, follow the link: http://www.voiceofoc.org/blogs/article_271fc9f2-84bf-11df-930c-001cc4c002e0.html . A watchdog group filed a lawsuit to force Orange County Employees Retirement System to release the list. The list includes Mike Carona, former Sheriff, $18,121.47; Chip Prather, former Chief for OC Fire, $17, 010.51; Charlie Walters, former Assistant Sheriff, $19,429.73; and Gary Streed, former director of finance for the OC Sanitation District, $19,701.52. In December, 515 former top employees received $5.4 million.

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It’s difficult to follow all the excuses offered by Councilmembers Frank Ury and Trish Kelley regarding why they voted for, and against, and for lifetime medical benefits for themselves. With Kelley’s re-election at stake in November, she’s now revoking her benefits in the same way ex-councilman Lance MacLean attempted to revoke his on the eve of his recall. Ury is revoking his as well – four days after voting to keep them. Read Brad Morton’s article at http://missionviejodispatch.com/?p=16968 . Councilwoman Cathy Schlicht has agendized the topic for the July 6 council meeting to recommend eliminating current and future council members from such eligibility. Ury and Kelley have agendized their revocation letters under their council comments. Between elections (when she thinks voters aren’t paying attention), Kelley states privately that she believes she is entitled to the benefits.