Residents Lose to UDR Apartments
by Dale Tyler

Residents in Mission Viejo lost and United Dominion Realty (UDR) won when the Mission Viejo City Council voted 3 (Ury, Leckness, Kelley) – 2 (Reardon, Schlicht) to allow UDR to increase the number of units at the Los Alisos site from 250 to 320 units.

The outcome of the appeal of the Planning Commission's decision was a foregone conclusion. At the start of the council's deliberations on this matter, the City Attorney advised the council members that they must disclose any contacts that might have influenced any council members. Cathy Schlicht and Rhonda Reardon gave extensive accounts of their contacts with residents and UDR and reported they received no donations from UDR or developer interests.

Ury said nothing and Leckness and Kelley said little about their contacts regarding this matter. Kelley tried to claim she received no money from UDR. However, they were all paid directly by interests that supported UDR or similar projects. Ury has taken $10,600, Kelley took $4,249 and Leckness took $1,000. It should be noted that Leckness has only been in office a short time..

The city attorney cautioned all of the council members that they must come into the discussion with an open mind and have no preconceptions that would prevent their reaching a conclusion based on the information presented available to the public prior to the meeting or presented at the meeting.

However, it was clear from the start of the presentation by Leckness that he had already made up his mind. With the enthusiasm of a paid cheerleader, he gave a glowing presentation that tried to portray the 320-unit apartment project as looking better than the already approved 250-unit for-sale (condominium) project. Residents in the Palmia retirement community had previously gotten an agreement from UDR to build 250 for-sale units on the old Kmart site.

UDR wanted to break their promise to the surrounding residents, so they began a stealth campaign to get their new project approved. City staff did the minimum notifications required by law and thus almost no one knew about the project until it came before the Planning Commission. Until that time, UDR and the city staff kept the secret as well as they could by refusing to meet with nearby residents to get their input. Even the CEQA document was circulated to the minimum possible audience. The involvement of the city staff was and is shameful.

After Leckness finished, Ury tried to give a history of real estate development in Mission Viejo with a focus on apartment projects built since 2000. He did his best to personally vilify and berate citizens of Mission Viejo who have worked hard to prevent inappropriate rezoning and urbanization of our city. Ury did this to shift blame from Lance MacLean and himself, when they scuttled a plan being developed by Planning Commission Members Morton and Lonsinger that would have provided for lower-density development of low-income housing without having to significantly rezone large parcels for more than 1,000 apartments as is currently planned. During his presentation, Ury distorted so much of the history of rezoning in Mission Viejo, that it was hardly recognizable to an informed viewer.

When he finished his presentation, he tried to claim that if the UDR project was not increased to 320 units, that the city would once again be sued to invalidate the City's Housing Element as was done in 2007. However, no evidence of this was actually presented at the meeting. One reason this might not have been stated was that Ury, Kelley and Leckness had their marching orders, and it would have looked too much like blackmail if the quid pro quo was stated explicitly.

Many residents attended the meeting, with more than 75 people still in the audience at 8:30, more than two hours after the discussions began. There were many speakers who asked good questions and indicated that they opposed the project. One person brought a petition with 918 unduplicated signatures from residents immediately surrounding the project. Only four people spoke in favor of the project, one representing the Apartment Owners PAC, one who is the representative of the poverty lobby, a person who seem to dislike homeownership and who claimed apartments were the future of the city and a lady who made no actual statement in favor of the project but who seemed to like the look of the project. Everyone else who spoke was opposed.

When it was time for Kelley to speak, she rambled on about how nice the units would be. She tried to make the point that of the 320 units 48 would be subsidized to be “affordable” for families making less than $73,850 or, in some cases, $46,150. She then attacked those who said they were concerned about the increased density, stopping just short of calling concerned residents bigots or elitists. It almost sounded like she was “channeling” Lance MacLean.

In contrast to the cheer-leading, scare tactics and veiled insults, Schlicht and Reardon stayed on point by asking detailed questions about the project. Schlicht went through Ury's presentation point by point and demonstrated the inaccuracies at each stage. Reardon asked UDR about their supposed contacts and “outreach” and it became clear that UDR did no outreach, despite their initial claims to the contrary.

The city staff could have prevented this increase in density if they had insisted on a development agreement for the Kmart property when it was initially rezoned. I'd like to know why this was not done. One thing we can do is to put pressure on city staff to do a better job in notifying affected residents and to protect neighbors' interests by always having an executed development agreement for every project involving new housing.

We lost this one, and the three prevailing council members earned their campaign contributions (or bribes – your choice). Look for more payoffs to Ury, Leckness and Kelly in the upcoming years.

At the end of the UDR agenda item, Leckness said he gets really angry when someone suggests he sold his vote. I bet this article will make him mad. However it is documented that he took $1,000 from the South Coast Apartment Owners Association on 10/17/2010, as reported on Leckness's FPPC form 460. This group collects money from developers and makes political contributions to candidates they want to influence.

Mayor Steps in It

During the Aug. 15 council meeting, Mayor Dave Leckness may have thought he was helping the developer, UDR, Inc., get the council’s support to build 320 apartments. A previous council majority approved 250 townhomes in 2005. Last month, the Planning and Transportation Commission approved the change to apartments with a 3-2 vote. Council Members Cathy Schlicht and Rhonda Reardon responded to residents’ objections to the new plan by appealing the commission’s decision.

At the beginning of the UDR item on Aug. 15, the city attorney advised council members it is their duty to come with an open mind and listen to both sides. He said any council member with a bias shouldn’t vote. The two sides were the developers’ team supporting the apartments and residents opposing the change.

Prior to hearing the developer or residents, Leckness spoke out by describing the deteriorating condition of the property. While he may have intended to condemn the property’s current condition, his comments were instead a condemnation of UDR, Inc. The developer has failed to maintain the building, landscaping and overall aesthetics of the site. Leckness described the graffiti on the building. The city pays for a graffiti hotline, which Leckness should have called.

UDR’s presenters complimented themselves on the way they manage their properties. However, UDR’s uncaring attitude is clear to the neighbors, the community and anyone else who has driven by their deteriorating property on Los Alisos during the past several years.

Thanks, Dave, for mentioning it.

The council majority rejected the residents’ pleas by voting 3-2 to reject the appeal. Additional articles about the project can be found here, here and here and at http://missionviejodispatch.com

Non-government Events

Following is a sampling of events and activities that are not funded by taxpayers or promoted by the Nanny State. Please support private enterprise.

Carden Academy, K-8, now enrolling for the fall term, call for information and a tour of the school, 24741 Chrisanta Dr., Mission Viejo, (949) 458-1776, http://www.cardenacademy.com

JSerra Open House and Campus Tour, Wed., Aug. 23, 6:30 p.m., JSerra Catholic High School, 26351 Junipero Serra Road, San Juan Capistrano, (949) 493-9307, ext. 2, http://www.jserra.org

Jazz Monsters Concert Under the Stars, Paul Kreibich and Mulligan Stew, Soka University, Fri., Aug. 26, 7:00 p.m. to 9:00 p.m., Outdoor Campus Green Stage, Soka University, 1 University Drive, Aliso Viejo, (949) 480.4000, http://www.soka.edu/news_events/events/2011/08/jazz-monsters-concert-under-the-stars-presents-paul-kreibich-and-mulligan-stew.aspx

Rancho Mission Viejo Rodeo, corner of Ortega Highway and Antonio/La Pata, Sat., Aug., 27, gates open at 2:00 p.m., and Sun., Aug. 28, gates open at 11:30 a.m. Schedule of events: http://www.rmvrodeo.com/about.php . Proceeds benefit local charities. Information: http://rmvrodeo.com

45th Annual Sawdust Art Festival, through Aug. 28, 10:00 a.m. to 10:00 p.m., 935 Laguna Canyon Road, Laguna Beach, (949) 494-3030, http://www.sawdustartfestival.org , and Art-A-Fair, through Aug. 28, 10:00 a.m. to 9:00 p.m. Sun. – Thurs. and 10:00 a.m. to 10:00 p.m. Fri.-Sat., 777 Laguna Canyon Road, Laguna Beach, (949) 494-4514, http://www.art-a-fair.com

First Thursdays Artwalk, Sept. 1. More than 40 Laguna Beach art galleries are participating in the 6:00 p.m. to 9:00 p.m. walk, with some offering refreshments, (949) 683-6871, http://firstthursdaysartwalk.com

B-52s Concert, Lake Mission Viejo, Sat., Sept. 3, 7:00 p.m. Opening for the B-52s will be Hot Rod Trio. Admission is limited to Lake Association members and their guests. Concert hotline (949) 770-1313, ext. 311, http://www.lakemissionviejo.org

Doheny Days Music Festival, Doheny State Beach, Sept. 10-11, entertainment, exhibits, vendors, food and more. Information about the festival: http://dohenydays.com .
Doheny State Beach, 25300 Dana Point Harbor Drive, Dana Point, (949) 496-6172, http://dohenystatebeach.org

Oktoberfest at St. Kilian, Sat.-Sun., Sept. 24-25, St. Kilian Catholic Church, 26872 Estanciero Drive, Mission Viejo, (949) 586-4440, http://www.stkilianchurch.org

Movies, Edwards Kaleidoscope Stadium 10 in Mission Viejo, 27741 Crown Valley Pkwy, (949) 582-4020, get show times, watch movie trailers, see what's coming soon at
http://www.moviefone.com/theater/edwards-kaleidoscope-stadium-10/32/showtimes

Political and Government Events Calendar

Orange County Board of Supervisors, Tues., Aug. 23, 9:30 a.m., Board Hearing Room, First Floor, 333 W. Santa Ana Blvd., Santa Ana, (714) 834-3100. http://www.ocgov.com/ocgov/Government/Board%20of%20Supervisors

The Republican Party of Orange County 400 Club and Atlas PAC will host former Florida House Majority Leader Adam Hasner, who is a candidate for U.S. Senate (R-FL), on Tues., Aug. 23, 6:00 p.m. – 7:30 p.m., Port Restaurant & Bar, 440 Heliotrope Ave., Newport Beach. RSVP to Jenniffer Rodriguez, (510) 579-9197 or Jenniffer@cap-camp.com

Capistrano Unified School District Board of Trustees, regular meeting, Wed.., Aug. 24, 33122 Valle Road, San Juan Capistrano, agenda and supporting documentation are published on the website 72 hours prior to a meeting, (949) 234-9200, http://capousd.ca.schoolloop.com

Aliso Viejo Republican Women Federated, Thurs., Aug. 25, 6:30 p.m., guest speaker Brian Calle of the Orange County Register will present “2012 Elections: What it means for the GOP and local OC politics.” Aliso Viejo Conference Center, 31 Santa Barbara Drive, Aliso Viejo. R.S.V.P. to Cathy Miller, (949) 859-2818, or Janine Heft, (949) 735-0718.

Atlas PAC will host a Day at the Races, Sat., Aug. 27, Del Mar Race Track, 2260 Jimmy Durante Blvd., Del Mar, 12:30 p.m., transportation arrangements via train to Del Mar will be available, special guest speaker. Contact rsvp@atlaspac.org

Concert: Bluejay and Time Machine Exchange, Sun., Aug. 28, 2:00 p.m., The Richard Nixon Presidential Library and Museum. Free concerts are held Sundays, except when otherwise noted, and are open to the public. Doors open at 1:15 p.m., and concerts begin at 2:00 p.m., 18001 Yorba Linda Blvd., Yorba Linda, (714) 364-1120, http://events.nixonfoundation.org/concerts/

South Orange County Community College District Board of Trustees, Mon., Aug. 29, Ronald Reagan Board of Trustees Room, Room 145, Health Sciences/District Offices Building, Saddleback College, 28000 Marguerite Parkway, Mission Viejo, (949) 582-4999, https://www.socccd.edu

Orange County Republican Party Silver Circle Club fundraising event, dinner and wine tasting with wine sommelier Michael Jordon, Thurs., Sept. 1, 6:30 p.m. cocktail hour, 7:30 dinner and wine tasting, Mission Viejo Country Club, 26200 Country Club Drive, Mission Viejo, RSVP and information (714) 453-0900, http://ocgopaction.ning.com/events/ocgop-silver-circle-club-presents-dinner-and-wine-tasting-with

Commemoration of 9-11 at the Richard Nixon Presidential Library and Museum, Sept. 5 – Sept. 11, a week-long series of ceremonies, patriotic concerts and special displays commemorating the 9-11-01 terrorist attacks and the effort to combat global terrorism,18001 Yorba Linda Blvd., Yorba Linda, (714) 993-5075, : http://nixonfoundation.org

Moulton Niguel Water District meetings: Community Relations on Sept.7, 9:00 a.m., Engineering and Operations on Sept. 12, 9:00 a.m., Finance and I.T. on Sept. 14, 9:00 a.m. and Board of Directors on Sept. 15, 5:30 p.m., 27500 La Paz Road, Laguna Niguel, (949) 831-2500, http://www.mnwd.com/board-of-directors/agenda.aspx

Saddleback Valley Unified School District board meeting is scheduled Tues., Sept. 13, 6:15 p.m., 25631 Peter Hartman Way, Mission Viejo,(949) 586-1234, http://www.svusd.k12.ca.us

Taste of Capo – save the date – Capistrano Valley High School, Oct. 21, 6:00 p.m., $15 presale and $20 at the door. More than 20 booths, good-size samples of food from each restaurant, 26301 Via Escolar, Mission Viejo, (949) 364-6100.

El Toro Water District Community Advisory Group Meeting, Thurs., Nov. 3, 11:30 a.m. – 1:30 p.m. Lunch served at 11:30; meeting starts at noon, 24251 Los Alisos Blvd., Lake Forest, (949) 837-0660, http://www.etwd.com

The Buzz

A Mission Viejo homeowner who lives near the UDR, Inc. property on east Los Alisos has asked the city to see that the property is cleaned up. UDR isn’t in a good financial position to pour money into the vacant property – constructing apartments, demolishing the existing structure or taking care of landscaping. Residents continue to speculate UDR will sell the parcel to another apartment builder.

***

Councilman Frank Ury revised history during the Aug. 15 council meeting in an attempt to divert attention from his causing the city to be sued in 2006. He had prepared a slide show of documents that contained the names of city activists who objected to two controversial housing development plans. Steadfast and UDR each purchased commercial property and asked the council to rezone it to high-density residential (which the council approved). Ury falsely claimed the activists caused the city to be sued by defying the state over affordable housing. What was he talking about? The citizens of Mission Viejo – whether they are activists or not – have no say about affordable housing. All decisions came from the council, so how did residents cause a lawsuit? Councilwoman Cathy Schlicht responded from the dais, saying Ury is delusional.

***

Few people in the audience on Aug. 15 attended council meetings back in 2006 when the city was sued. On Jan. 3, 2006, Councilmen Ury and MacLean took the affordable housing issue into their own hands by forming an ad hoc committee. By doing so, they took the job away from Planning Commission members who had been diligently working on the city’s affordable housing plan to meet state goals. Ury and MacLean immediately threw out the plan. Since both of them appeared to be affordable housing fans, it is likely they knew it was a sure way to have the state react and demand more affordable housing. If they didn’t initially know it, they were surrounded by attorneys, city staff members and advocacy groups to inform them. On April 26, 2006, the Public Law Center filed its lawsuit against the city. The damage of the lawsuit wasn’t just monetary. To this day, the city is paying for Ury and MacLean’s irresponsible act, which destroyed commercial zoning (jobs) and undermined the Master Plan.

***

For another perspective on Ury’s big lie, read http://missionviejodispatch.com/city-aestheics/urys-planned-attack-against-residents

***

Tune in to LONG LIVE AMERICA, the Southern California Tea Party show on KCEO AM 1000 in San Diego and Orange County from 8-10 p.m. PST or listen online at www.longliveamerica.com . Call in at (760) 931-1604.

***

Watch out for those 44-cent stamps. For anyone who thinks the “hearts and butterflies” are cute, the rest of the stamp is in Arabic. The new USPS 44-cent stamp commemorates the Islamic holidays of Eid al-Fitr and Eid al-Adha. Post office customers can just say no to “honoring and remembering” the Muslim holiday season.

***

Rasmussen’s Presidential Tracking Poll reports daily on Barack Obama’s numbers: http://www.rasmussenreports.com/public_content/politics/obama_administration/daily_presidential_tracking _poll . Local volunteers who register voters around the county say they poll constantly to find out which presidential challengers are popular. They found Romney was locally the most popular before Rick Perry announced his candidacy, with Michele Bachmann closely behind Romney. Perry quickly moved into first place.