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MV City Attorney by Larry Gilbert
My following Public Comment letter was emailed to Mission Viejo city staff and council on Jan. 18, as I was going out of town and would miss the council meeting. To say I am disappointed in this council majority is an understatement. In her council comments (that can be viewed on our city website) Member Reardon stated having forwarded this letter to Richards, Watson & Gershon (RW&G) attorney Bill Curley. Member Trish Kelley admitted that we did go out for bids for the services of a city attorney in 2005, yet that was not to be their position today. So we spend millions of dollars for legal representation since that change without competitive bidding now as Mission Viejo’s city attorney Bill Curley departs from his current firm.
Rhonda said there is a cost to go out for a Request For Proposals. There is. There will also be a cost come November when I will oppose her candidacy for re-election. That's part of the cost when you do not engage in appropriate fiscal management. The cost to the city is insignificant when we already have boilerplate Agreement wording. The cost to other law firms is up to them as they choose whether or not to participate in the process. I have previously written that when it relates to contracts, Mission Viejo is a Closed City. This is but another example. Following is my letter:
Jan. 18, 2014
To: Karen Hamman, Mission Viejo City Clerk cc: Dennis Wilberg, Mission Viejo City Manager C.C. members Trish Kelley, Dave Leckness, Frank Ury, Cathy Schlicht and Rhonda Reardon
Re: Jan 20, 2014, city council meeting Agenda item #21. "City Attorney Support Firm"
As I will be out of town on Monday evening, I hereby submit my Public Comment expressing my objections to a proposed change of our independent contractor legal representation.
While I would not stand in the way of anyone changing jobs, such as Bill Curley, I do not support his being selected to carry our account to any new firm that has not been fully vetted.
Furthermore, I recall our going out for competitive bid at the time Bill assumed our legal representation. Why isn't that same policy being enacted today?
Has anyone checked the background of Lozano Smith?
Has that information been shared with the council?
How many, if any, Orange County, LA or San Diego cities do they currently represent? None.
Of the 8 cities Lozano Smith currently represents 7 are in Fresno County and one, Lemoore, in Kings. With the exception of Clovis, population 95,631 (or 101,314), all of these cities are much smaller than Mission Viejo. Fowler 5,570, Firebaugh 7,549, Coalinga 13,380, Parlier 14,494, Reedley 24,194, Sanger 24,270 and Lemoore 24,531. These are cities in the San Joaquin Valley whose economy is based on agriculture. Not exactly the same potential issues faced by this bedroom community we live in.
Contrast that with the RW&G's Orange County clients that include Brea and Buena Park, which have the same county challenges we face.
A quick visit to Lozano Smith’s web site indicates a focus on education rather than city government. My point is that RW&G was previously retained as they have deep experience and staffing. Please consider the following link relating to Lozano Smith’s ethics violation before casting your votes. They were sanctioned for lying by a Federal Judge. With all the professional legal firms representing local cities, we deserve better than selecting a firm with a tarnished record. Thank you.
Larry Gilbert Mission Viejo
http://www.edethics.org/lozano_smith_law_firm_sanctioned.html
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Leckness Steps in It
The Jan. 20 Mission Viejo City Council meeting revealed several blunders of the council majority, including the Fire Map decision. In July 2012, the council majority of Rhonda Reardon, Frank Ury, Trish Kelley and Dave Leckness voted to rezone thousands of Mission Viejo homes into fire hazard zones. They defied logic by saying that rezoning homes into fire hazard zones would have no negative impact on Mission Viejo residents. Obviously, they were wrong. Councilwoman Cathy Schlicht cast the only vote against rezoning homes into the “Special” fire zones. She correctly stated that insurance rates could rise, and homeowners would have to disclose the liabilities when selling their homes.
Following the July 2012 majority decision to rezone, the legal counsel for the California Association of Realtors indicated that home sellers and their real estate agents are obligated to disclose that a home is in a high-risk zone (or “Special” zone – the terms are interchangeable). In addition to Councilwoman Schlicht’s warning that homeowners’ insurance rates could go up following rezoning, she said there was no compelling reason for the council to rezone homes. The city councils of Villa Park and Laguna Niguel had already voted not to rezone. For Councilwoman Schlicht’s 2012 comments and a list of Mission Viejo streets that are in the high-risk zones, go to http://www.missionviejoca.org/html/article125.html
During the Jan. 20 council meeting, Councilman Dave Leckness clarified how he, Reardon, Ury and Kelley had badly erred by rezoning. He began by stating he had attended a meeting in which an insurance agent warned people not to let their homeowners’ insurance lapse if they were in the fire zones. Leckness apparently could not connect the dots between the council majority’s bad decision and what the insurance agent was telling the audience. As Leckness started babbling, it was clear he was getting a message from Ury, Reardon and Kelley, in that order: “STOP TALKING!!!” Ury says, “We fixed that.” Kelley says, “We fixed that.” Yes, Mission Viejo homeowners in the fire zones, the council majority certainly fixed it. As a result of their buffoonery, don’t let your insurance lapse because at least one very big insurance company will drop you and not reinstate your insurance if your home is in the fire zone.
Watch it and weep: http://missionviejo.granicus.com/MediaPlayer.php?view_id=14&clip_id=1277 Under Item 22, Leckness’ comments start at 5:35 on the video.
Attempting to rescue hapless Dave, City Manager Dennis says into his microphone that the insurance company’s maps are different from the fire maps. The insurance companies’ maps are comprehensive, and they include BOTH the original fire zones and the additional homes that were rezoned by the irresponsible Mission Viejo council majority members.
During the Jan. 20 discussion of another topic, Item 19, Leckness attempts to give Kelley credit for the Capo school district’s decision to end the 87-1 Mello-Roos tax in 2016. Those who earned the victory are two Mission Viejo residents, Sharon Campbell and Wayne Tate. The two elected officials who deserve credit are Capo school district Trustees Ellen Addonizio and Jim Reardon. Leckness refers to Trish Kelley as a “bulldog” in ending the tax. His claim is a lot of bull and no dog. Campbell worked earnestly for nearly 10 years to end the tax, with the help of such Capo parents as Wayne Tate, plus Trustees Addonizio and Reardon. Residents can watch three council members – Leckness, Kelley and Reardon – shoot the bull, starting at 3:46 on the video, http://missionviejo.granicus.com/MediaPlayer.php?view_id=14&clip_id=1277
Mission Viejo’s new city reporter for Saddleback Valley News, Christopher Yee, wrote a balanced and accurate article about the Mello-Roos tax in the Jan. 24 edition of SVN. Leckness, Kelley and Reardon get no mention, despite their posturing at the Jan. 20 council meeting.
Agenda Item No. 21, a change in law firm representing the city, clearly demonstrates the antics of council majority members.
Prior to the meeting, Mission Viejo watchdog Larry Gilbert sent a public comment to the council and staff on Item No. 21, alerting them to a sanction against the law firm they were considering to represent the city. Current city attorney Bill Curley changed employers to Lozano Smith, and he was asking the council to continue his contract with his new employer. Having Gilbert’s warning in hand, Reardon pretended during the meeting to interrogate Curley about his new employer. It appeared to be a script in which Curley was could answer Gilbert’s objections, including sanctions by a federal judge against Lozano Smith for lying.
Curley acknowledging the truth of Gilbert’s comments, but he said Lozano Smith had dealt with the problem by firing “a couple” of attorneys who lied. However, that’s not the whole truth. The judge sanctioned THREE Lozano Smith attorneys and one of them was Smith, the partner in Curley’s new firm. Reardon additionally aided Curley’s defense by giving him cover as he claimed he “resigned” as city attorney in Upland. Records show he was fired for overbilling.
Watch the nonsense at 4:24 on the video, http://missionviejo.granicus.com/MediaPlayer.php?view_id=14&clip_id=1277
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ACT! for America
The Mission Viejo Chapter of ACT! for America will hold its monthly meeting on Wed., Feb. 12. Doors open at 7:00 p.m. The meeting starts promptly at 7:30 p.m. and ends at 9:30 p.m.
Guest speaker will be Emad Samir, Egyptologist and Biblical scholar. His topic will be “Making Sense of the Revolutions in Egypt -- the Truth Behind the Headlines.”
From the announcement by Mission Viejo Chapter Leader Bruce Mayall:
First, the people of Egypt revolted against their longtime dictator, Hosni Mubarak, and threw him out of office. Then they elected a leader of the Muslim Brotherhood as their president. But, after only 13 months in office, the people and the military revolted against the tyranny of the Muslim Brotherhood, threw Mohamed Morsi out of office, killed thousands of Brotherhood supporters and jailed their leaders. In a final blow to the movement, Egypt recently designated the Muslim Brotherhood as a terrorist organization.
It's difficult to understand what is really going on in Egypt unless you lived there. That's why we invited an Egyptian citizen, who had to flee to protect his family from Muslim violence and oppression, to share his insights and experience with our chapter.
What You Will Learn:
- A firsthand report on the revolution and counter-revolution in Egypt
- Why the Muslim Brotherhood failed to stay in power
- What the people of Egypt learned from Morsi and why they threw him out
- Why Egyptians now want a military general to lead their country
- What's next for Egypt, the Muslim Brotherhood and the Middle East
Emad Samir is a distinguished Egyptologist and Bible scholar. He was born in Aswan, Egypt, and holds a B.A. in classic literature and an M.A. in Egyptology. He is an expert on ancient Egyptian civilizations and the significant and longstanding connection between ancient Egypt, its pharaohs and Biblical Scripture.
Emad has spent his entire professional life conducting academic tours throughout his beloved homeland for thousands of people over the past 20 years, including European scholarly societies and American church groups. He was the exclusive guide to Cambridge and Oxford alumni groups.
Emad moved his immediate family from Egypt to the United States in July of 2012 to escape the chaos and persecution of non-Muslims by Islamists. He is currently serving as Scholar in Residence at Good Shepherd Presbyterian Church in Cypress.
Emad will speak for about 50 minutes. Then he'll answer questions for about 20 minutes. A $5 donation is appreciated to help cover meeting costs. The meeting location is the Norman P. Murray Community Center, 24932 Veterans Way, Mission Viejo (Sycamore B room). Sign up for our ACT! for America chapter announcements at www.act4oc.org
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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 and non-profit groups.
WineWorks, live music every Friday, happy hour Tues.-Sat., check the website for wine tastings and other events, 26342 Oso Parkway, Suite 103, Mission Viejo, (949) 582-0026, http://www.wineworksforeveryone.com/tastings-events.php
A Hidden Vine on the Lake, wine tasting on Fri., Jan. 31 (every Friday evening), 6:30 p.m. to 8:30 p.m., a wine specialist introduces six high-quality wines, paired with cheese, charcuterie and a chocolate treat, 27772 Vista del Lago, Suite B-15, Mission Viejo, (949) 916-4810, http://www.ahiddenvine.com/wine_tasting.html
Soka University concerts, Tribute to Benny Golson on Sat., Feb. 1, at 3:00 p.m. and 8:00 p.m.; Dale Kristian and Bill Hutton, “The Glorious Music of Andrew Lloyd Webber,” on Sun., Feb. 23, 3:00 p.m. Soka Performing Arts Center, 1 University Drive, Aliso Viejo, (949) 480-4278, http://www.performingarts.soka.edu
Cabrillo Playhouse presents “The Fantasticks,” Thurs. – Sun., through Feb. 2, 202 Avenida Cabrillo, San Clemente, (949) 492-0465, http://cabrilloplayhouse.org
“Ring of Fire” at The Laguna Playhouse, through Feb. 2, a riveting glimpse into Johnny Cash’s world, with more than 30 of his songs; 606 Laguna Canyon Road, Laguna Beach, (949) 497-2787, ext. 1, http://lagunaplayhouse.com
Mount of Olives Church SHARE Food Drive on Sun., Feb. 2, (first Sunday of each month) helps families in crisis, http://moochurch.org/share . Mount of Olives Church, 24772 Chrisanta Drive, Mission Viejo, (949) 837-7467, http://www.moochurch.org/
First Thursday Art Walk, Laguna Beach, Thurs., Feb. 6, 6:00 p.m., member galleries throughout Laguna Beach, including the Laguna Art Museum, 307 Cliff Drive at North Coast Highway, Laguna Beach, (949) 494-8971, http://firstthursdaysartwalk.com/
Mariachis at the Mission, Sat., Feb. 8, 10:00 a.m. to 11:15 a.m.; second Saturday of each month, 26801 Ortega Hwy, San Juan Capistrano, (949) 234-1300, http://missionsjc.com
Concordia University Concerts, “When Harry Met Mary,” Sat., Feb. 8, 11:00 a.m., family concert features the music from Harry Potter, Mary Poppins and other magical favorites, Concordia University Irvine, 1530 Concordia West, Irvine, (949) 854-8002, http://www.cui.edu/AcademicPrograms/Undergraduate/Music/tabid/302/ctl/Details/Mid/2322/It emID/178/Default.aspx
La Vida Drum Circle, Fri., Feb. 14, 7:00 – 10:00 p.m., group meets on the evening of every full moon (Feb. 14, Mar. 16, Apr. 15, etc.). Drummers should bring their drums. Firewood is appreciated for the bonfire, Aliso Beach, Aliso and Coast Highway, Laguna Beach, (949) 275-7544, http://www.lavidalaguna.com/things-we-dig/
St. Kilian’s Recycling Drive, Sat., Feb. 15, 7:00 a.m. to 12:00 noon, held on the third Saturday of each month. Organized by Knights of Columbus; acceptable items include aluminum, paper and plastic. No glass or cardboard. Lower parking lot, 26872 Estanciero Drive, Mission Viejo, (949) 472-1249, http://www.stkilianchurch.org
Holiday Ice Rink, Irvine Spectrum Center, private and group skate lessons are available, open daily through Feb. 17, Giant Wheel Court, Irvine Spectrum Center, 71 Fortune Drive, Irvine, (949) 753-5180, http://www.skatespectrum.com
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Political and Government Events Calendar
Tea Party Sentinels of Laguna Woods will meet on Mon., Jan. 27. Doors open at 6:30 p.m. and the meeting starts at 7:00 p.m., Laguna Woods Clubhouse 7, 24113 Moulton Pkwy, Laguna Woods. Guest speaker Steve Maikowski’s topic will be the founding fathers’ writing of the Constitution and Bill of Rights. http://www.meetup.com/SOC912/events/159048292/
Orange County Board of Supervisors will hold a regular meeting on Tues., Jan. 28, 9:30 a.m., Board Hearing Room, First Floor, 333 W. Santa Ana Blvd., Santa Ana, (714) 834-3100. http://ocgov.com/cals/?ViewBy=7&CalDate=1/15/2013&EventDateID=89649
Saddleback Valley Unified School District will hold a meeting of the board “if necessary” on Tues., Jan. 28, 6:30 p.m.; 25631 Peter Hartman Way, Mission Viejo, (949) 586-1234, http://www.svusd.k12.ca.us/
Nixon Library Legacy Forum on Wed., Jan. 29, 10:00 a.m., “Richard Nixon and the Creation of the Modern Presidency at Franklin & Marshall College.” Concert, Sun., Feb. 2, Braille Institute Children’s Choir with Conductor Johnny Mercer. Doors open at 1:30 pm, and the music begins at 2:00 pm unless otherwise noted. Nixon Library, 18001 Yorba Linda Blvd., Yorba Linda, (714) 364-1120, http://nixonfoundation.org/
Santa Margarita Water District meetings: Board of Directors on Wed., Feb. 5, at 7:00 p.m.; Engineering Committee on Fri., Feb. 14, 7:30 a.m.; Finance Committee on Fri., Feb. 21, 7:30 a.m.; 26111 Antonio Parkway, Rancho Santa Margarita, (949) 459-6420, http://www.smwd.com
Rush Limbaugh Club of Orange County will meet on Sat., Feb. 8. Breakfast starts at 7:30 a.m., and the program runs from 8:00 a.m. to 10:00 a.m. The group meets on second Saturdays of the month. The breakfast is $15.00 or attend the program for $5.00 to cover costs. The club pays for first-time attendees' breakfast or attendance fee. Casta del Sol Golf Clubhouse, 27601 Casta Del Sol Road, Mission Viejo, (714) 235-1430, http://rushlimbaughcluboc.com/
Free Speech Picnic, Sat., Feb. 8, 12:00 noon, C. Russell Cook Park, 27100 Calle Arroyo, San Juan Capistrano. Organized by Tea Party and other conservative groups in response to the ban of newspapers from city property in San Juan Capistrano. Visit SOC912’s website, http://www.meetup.com/SOC912/events/157855872/
Mission Viejo Chapter of ACT! for America will hold a General Meeting on Wed., Feb. 12. Doors open at 7:00 p.m. The meeting starts promptly at 7:30 p.m. and ends at 9:30 p.m., at the Norman P. Murray Community Center, 24932 Veterans Way, Mission Viejo.
Capistrano Unified School District Board of Trustees will meet on Wed., Feb. 12. A Special Meeting will be held from 5:00 p.m. to 7:00 p.m., and the Regular Meeting will begin at 7:30 p.m. The board meets at the district office, 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/
OC Veterans Advisory Council, Wed., Feb. 12, 6:00 p.m. The council meets on the second Wednesday of each month. Veterans Service Office, Conference Room A/B, 1300 S. Grand Ave., Building B, Santa Ana, https://cms.ocgov.com/gov/occr/occs/veterans/advisory/default.asp
Moulton Niguel Water District meetings: Engineering and Operations on Tues., Feb. 18, 9:00 a.m. to 11:00 a.m.; Finance and Information Technology on Wed., Feb. 19, 9:00 a.m. to 11:00 a.m.; Board of Directors on Thurs., Feb. 20, 5:30 p.m. to 7:30 p.m., MNWD Main Office, 27500 La Paz Road, Laguna Niguel, (949) 831-2500, http://mnwd.com/board-of-directors-2/
Capistrano Valley Republican Women Federated, Wed., Feb. 19, 9:00 a.m., at the Marbella Country Club, 30800 Golf Club Drive, San Juan Capistrano. CVRWF meets on third Wednesdays of most months. Call (949) 240-6799 for reservations, http://cvrwf.org
Saddleback Republican Assembly, Thurs., Feb. 20, 7:00 p.m. SRA meets on third Thursdays (except in July, August and December) at the Norman P. Murray Community Center, 24932 Veterans Way, Jacaranda Room-B, Mission Viejo. For information call (949) 769-1412.
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The Buzz
Is it true City Manager Dennis Wilberg is packing a heater in Mission Viejo’s city hall? A resident observed a gun in a holster inside Wilberg’s jacket. If this is true, who is Dennis protecting himself from? Also, why hasn’t any staff member spoken up before now?
A casualty of this month’s downsizing at the Orange County Register was Mona Shadia, who was supposed to be Mission Viejo’s city reporter. Shadia’s contributions to the OCR generally consisted of putting her name on press releases written by city employees. The one-sided spin included accolades of city staffers and greatly exaggerated attendance figures for city festivals and parties.
The party is on! The council approved Councilwoman Trish Kelley’s Jan. 20 agenda item to allow city employees to throw a party. As usual, there’s no budgeted amount, no fiscal constraints, and no one knows how many city employees it will take to plan and orchestrate “events.” The party theme is the 30th anniversary of the Olympic bike race in 1984. No reason was given as to why taxpayers should fund yet another city hall party. Residents already have commemorative benches and plaques on Olympiad Road to acknowledge the 1984 Olympic bike race.
By the way, the city staff had quite a party a few months ago – the wheelchair tennis tournament that was held at the recently remodeled Marguerite Tennis Center. For the majority of residents who have never been to the center and have no idea where it is, the location is at the intersection of Marguerite Parkway and Casta del Sol Drive. The tournament is a business, not a charity, and the city was duped into providing a site for the tournament. Supposedly, there was to be no cost to taxpayers. The costs are showing up on city check registers, and the amounts are stunning. Just to demonstrate what the city staff thinks of taxpayer money, one charge was for polo shirts for city staffers – hundreds of embroidered shirts with the name of the business. When the item came to the council for approval, only Councilwoman Cathy Schlicht asked the staff about the charge and then voted against it. Voting for taxpayer-funded embroidered polo shirts for employees were Rhonda Reardon, Dave Leckness, Frank Ury and Trish Kelley.
Mission Viejo has approximately 275 employees in a city that is virtually built out. This blog frequently cites the city of Rancho Santa Margarita with about half the population of Mission Viejo and a staff of fewer than 25 full-time, permanent employees. City administrators Dennis Wilberg and Keith Rattay need to orchestrate parties and festivals or a high number of employees will have nothing to do. If they start laying people off, former employees might start talking to investigative reporters such as Scott Moxley at OC Weekly.
Sample quote from Darth Vader, “You underestimate the power of the dark side.” The Buzz received an email from a resident who noted “breathing that sounded like Darth Vader” as part of the audio during the Jan. 20 council meeting.
Mission Viejo resident Larry Gilbert forwarded an update about California’s bullet train scam, http://calwatchdog.com/2014/01/25/brown-pleads-to-state-supremes-please-kill-bullet-train/
Update from leaders of an organization opposing Common Core curriculum, http://orangecountycccc.com/
Visit the website and become informed about current issues:
* Join us for ENGAGE CALIFORNIA 2014 CONFERENCE * Obama admin moves to silence AFA on elections * White House Petitioned to Have Muslim Holidays Recognized in School Year * Obama White House is “the most secretive White House” * Christie Proposes Education Changes
Thank you for being a part of our team to take a stand for righteousness. May the Lord bless you for your faithfulness.
“The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government – lest it come to dominate our lives and interests" ...Patrick Henry
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