Cost of Storm Damage Rises

Damage from recent storms in Southern California has been estimated at more than $60 million http://latimesblogs.latimes.com/lanow/2010/12/damage-from-southern-california-rains-could-top-60-million.html . While seven days of rain interfered with almost everything, Mission Viejo fared better than nearby communities. Flooding in Laguna Beach made national news, and a voluntary evacuation took place in San Juan Capistrano for residents along San Juan Creek after concrete walls washed away. In the Canyons, many people were stranded in their homes when creeks flooded and mud flowed into the streets. Modjeska Canyon’s water supply was interrupted after a boulder hit a water line.

A section of Mission Viejo northwest of the lake was without power for several hours, and traffic signals were knocked out along Alicia Parkway during rush hour on Wednesday evening. Fallen trees blocked traffic, and the police blotter reflects that a car ran into a tree that fell into the street at Felipe and Marguerite Pkwy. North of Los Alisos Blvd. near Trabuco, homeowners became concerned about slopes failing.

How long does the danger of slope failure continue after days of heavy rain? According to the U.S. Geological Survey, the risk continues for weeks or months. Detailed maps (although Mission Viejo is not easy to find) showing areas susceptible to landslides can be viewed at http://geopubs.wr.usgs.gov/open-file/of03-17

OC Register Showcases Patriot

On Dec. 21, OC Register columnist David Whiting wrote about the lifelong journey of Tea Party Patriot Bob Serrao, http://www.ocregister.com/articles/serrao-281157-constitution-knew.html . Serrao’s recent work includes an updated version of the U.S. Constitution, the Bill of Rights and the Declaration of Independence into modern language, published in the form of a booklet. He’s sold approximately 1,200 copies in six weeks.

From Whiting’s article, “After reading the Declaration of Independence and Constitution, Serrao concluded that the 250-year-old English of colonial America gets in the way of people today knowing their rights.

“In updating the documents, Serrao left much untouched. He substituted little used-words such as ‘perfidy’ and ‘emoluments’ with more common terms such as to ‘treachery’ and ‘benefits.’ And he moved more boldly to break up long-winded sentences.”

Serrao responded to Whiting’s column by sending an email, asking everyone to keep the momentum going. He wrote, “Your Bill of Rights is the first 10 Amendments to the Constitution, written by James Madison, added four years after the Constitution’s writing. It was supported by the Anti-Federalists who feared too much power in the hands of the centralized U.S. government, promoting individual autonomy and States’ sovereignty. Your rights IN TODAY’S ENGLISH (not the Old English of 1776) for only $5.” Bob Serrao, author, www.intodaysenglish.com

CUSD Settlement is Public Record

A July 24 article on this blog provided details of a lawsuit filed by citizens against the Capo school district over the “Enemies List.” Members of the teachers union and others who supported the old Fleming regime continue to claim that the settlement “robbed” students by taking money from classrooms. Their statements are contrary to facts.

Public agencies often settle with litigants to avoid costly trials. Is anyone suggesting the district should have gone to trial with those on the Enemies List?
The settlement payout was $653,350. The district’s insurance company paid 100 percent of the settlement. The district had a $100,000 deductible, which the district paid directly to the law firms defending the cases after then-Supt. Carter sent the cases to the insurance company.

Somehow, the facts became lost in the campaign rhetoric prior to the Nov. 2 election. The board of trustees demonstrated no favoritism or special treatment toward those on the list in settling lawsuits brought about by multiple families.

The attorney for the district’s insurance company stated publicly that his firm had recommended the settlement after mediation with a retired Court of Appeal Justice selected by the insurance company. If the trustees had not agreed to the settlement negotiated by the insurance company, that would have been a breach of the insurance policy contract, meaning CUSD would have lost its insurance coverage for any judgment. If that happened, the district would be on the hook for paying for its continued attorneys’ fees to defend the case and pay any resulting judgment from the district’s General Fund.  

The settlement issue became part of the campaign because the settling plaintiffs were almost entirely politically conservatives who worked hard ousting the old Board and Fleming and electing the new Board. The lawsuits and settlements were publicly explained in open session by the insurance company (ASCIP) general counsel Robert Feldhake on March 29, 2010.

CUSD Update

The dismissal of charges last week against a former CUSD administrator took some constituents by surprise. Ex-superintendent James Fleming and ex-assistant superintendent Susan McGill had been charged with crimes for their roles in creation of “enemies lists” in 2005 and 2006. On Dec. 21, a state appeals court dismissed all charges against Fleming. A spokesperson for the District Attorney’s office said a decision has not been made to re-file charges. The case against ex-assistant superintendent Susan McGill is pending. The action was reported in the Orange County Register, http://www.ocregister.com/news/fleming-281254-district-court.html

According to Judge David Sills, all of Fleming’s activities were legal and justified. Sills said a superintendent may investigate the discontent in his district to determine if there was a pattern of discontent that led to the recall effort of trustees in 2005.

From the decision written by Sills: "In sum, we now hold that because Fleming was within his lawful authority to authorize his subordinates to compile the two lists, his authorizations were not criminal under section 424. Briefly, Fleming was within the proper scope of his authority as superintendent to research the nature of the discontent and unrest in the District at the time ... the lists could serve the valuable and lawful purpose of allowing superintendent Fleming to actually meet with his critics, learn their grievances, and explain his position to them. After all, we may ask, since when it is criminal for a school superintendent to meet with his critics?"

According to Mission Viejo residents who were named as enemies on Fleming’s lists, no one from CUSD contacted them to arrange a meeting, learn about their grievances or explain Fleming’s position. Unless Fleming had a “pattern” of making lists of those who disagreed with him so he could meet with them, further information is needed to determine how the judge speculated Fleming’s purpose was “to actually meet with his critics.”

Reader Comment

Comment from B.C. of Laguna Woods: “I went with a group on a tour to look at Christmas decorations. Our driver took us through Nellie Gail and other exclusive neighborhoods where the homes are fabulous and decorations look professional. After viewing the beautifully decorated homes, the final stop was the most lit-up of all. The driver said, ‘At a time when city governments are cutting back, one city is going in the opposite direction.’ Our last stop was Mission Viejo city hall. I have a question for the citizens of Mission Viejo: do they have any idea about the cost? Considering the hundreds of hours it took workers to wrap all those trees in lights – including not only the trunks but the branches – it must have cost a fortune. I would say it was impressive, but what was the total cost?”

The Buzz

“When the power of love overcomes the love of power, the world will know peace.” Jimi Hendrix (1942-1970).

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Are recyclable bags – such as those “free” bags distributed by Mission Viejo city hall at taxpayer expense – better than plastic bags? Information released by the Center for Consumer Freedom on Dec. 21 appeared in newspapers to alert consumers to potential dangers of reusable shopping bags. Bags produced in China are the most likely to contain high levels of lead, heavy metals and bacteria. Mission Viejo city hall jumped into the crusade against plastic bags by “giving away” bags made in China and emblazoned with the city staff’s iron tree. CCF Senior Research Analyst J. Justin Wilson said, “Politicians often respond to activist-driven junk science by demonizing, banning or taxing products without giving any thought to what people will use instead. Now recent research demonstrates that some of these bags contain lead and can be a breeding ground for bacteria. In the end, the new alternative can end up being worse than its replacement.” Wilson added: “When you tax soda, people drink non-soda beverages which can contain more calories. When you restrict salt levels in prepared foods, people over-salt the bland result. When butter was demonized in the ’90s, food companies switched to transfats like margarine as a healthier alternative. And when you ban and tax disposable shopping bags, people use Chinese-manufactured reusable bags that contain excessive levels of lead and bacteria. The only way to avoid these unintended consequences is to let consumers, rather than regulators or lawmakers, decide for themselves.”

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Forwarded by J.S.: “Here is a You Tube video about the history of our Star Spangled Banner. I am sure this is not taught in school. I don't remember the anthem explained as this, http://www.youtube.com/watch_popup?v=Iwa-lSVqA1M&vq=medium

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From OC Supervisor Shawn Nelson’s Dec. 22 newsletter: “At its December 14 meeting the Board of Supervisors approved an agreement with The Children and Families Commission to recruit and hire an Executive Director for the End Homelessness 2020 Commission, and pay half the cost for that person. The vote was 4-1 with Supervisor Nelson dissenting. The proposal was a clear contradiction of the original solicitation of funds approved by the Board on September 28, that clearly established that funding for the executive director position was to be a ‘public/private partnership’ and not 100% publicly funded. Furthermore, the staffing by an outside agency of a commission that reports to the Board of Supervisors is an untenable abdication of Board responsibility and accountability.”

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Can’t we all just get along? Apparently not. When assessing the city’s warring factions, one person said Mission Viejo’s battles are “between two groups of Republicans who don’t like each other.” The part about not liking each other is accurate, but this leaves out a primary combatant, the city staff. As a parallel example, the nation attempted to reform Congress in the November General Election, but Washington has spent the past six weeks defying the message. Mission Viejo’s city staff has much the same attitude toward citizens’ reform efforts. City hall has attracted a third warring faction of trough-feeders and senior citizens who get in line for “free” food, “free” trinkets, “free” gift certificates and other taxpayer-provided giveaways. In return, the group serves city hall as a battering ram against residents who ask for accountability from the city council majority. The trough feeders bark on command from the public microphone against anyone who disagrees with the council majority or its protective circle of city staffers.

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Forwarded by ACT for America: “Is America Islamophobic?” Jeff Jacoby writes, “When that provocative question appeared on the cover of Time magazine in August, the accompanying story strained to imply, on the basis of some anecdotal evidence, that the answer might be yes. The FBI's latest compendium of U.S. hate-crimes data suggests far more plausibly that the answer is no. … In fact, as Time pointed out, while there may be the occasional confrontation over a Muslim construction project, ‘there are now 1,900 mosques in the U.S., up from about 1,200 in 2001.’ … In 2009, according to data gathered from more than 14,000 law enforcement agencies nationwide, there were 1,376 hate crimes motivated by religious bias. Of those, just 9.3 percent -- fewer than 1 in 10 -- were committed against Muslims. By contrast, 70.1 percent were committed against Jews, 6.9 percent were aimed at Catholics or Protestants, and 8.6 percent targeted other religions. Hate crimes driven by anti-Muslim bigotry were outnumbered nearly 8 to 1 by anti-Semitic crimes.

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From Tea Party Patriot Lawrene: A tale of two states. In California, Governor Elect Jerry Brown is jogging with his dog along a nature trail. A coyote jumps out, bites Brown and attacks his dog. Brown starts to intervene but reflects upon the movie "Bambi," then realizes he should stop; the coyote is only doing what's natural. Brown calls Animal Control. Animal Control captures the coyote and bills the state $200 for testing it for diseases and $500 for relocating it. Brown calls a veterinarian. The vet collects the dead dog and bills the state $200 for testing it for disease. Brown goes to a hospital and spends $3,500 getting checked for disease from the coyote and for getting his bite wound bandaged. The running trail is shut down for 6 months while Fish & Game conducts their $100,000 survey to make sure the area is free of dangerous animals. Brown next spends $150,000 in state funds, implementing a "Coyote Awareness" program for residents of the area. The State Legislature spends $2 million to study how to better treat rabies and how to permanently eradicate the disease throughout the world. Brown’s security agent is fired for not somehow stopping the attack and for letting Brown attempt to intervene. Additional cost to California: $75,000 to hire and train a new security agent with additional special training re: The Nature of Coyotes. PETA protests the coyote's relocation and files suit against the state. In Arizona: the Governor of Arizona is jogging, with her dog, along a nature trail. A coyote jumps out and attacks her dog. The Arizona governor shoots the coyote with her state-issued pistol and keeps jogging. She has spent $0.50 on a .45 ACP hollow-point cartridge. Arizona buzzards eat the dead coyote. And that, my friends, is why California is broke!