Single Page Text Only - 07/14/12

City Seeks Court Order

On Friday, July 13, the council met in closed session for an Emergency Special Meeting. The urgency stemmed from a bill the city received from the Orange County Auditor Controller’s office for $2,646,895.

The state is collecting money from cities following the dissolution of Redevelopment Agencies. On July 9, Mission Viejo received a letter demanding repayment by July 12. Fourteen cities in Orange County were billed a total of $53.2 million. While some cities paid under protest, Mission Viejo and Brea are the only cities in OC that didn't pay.

On July 13, the Mission Viejo council voted to have the city attorney seek a court order to prevent the state from collecting. City Manager Dennis Wilberg says $2.6 million is a “gross miscalculation” and nothing is owed. Cities that didn't pay by July 12 could face penalties, including loss of sales tax revenue. The Orange County Auditor-Controller is serving as the state’s collection arm for the 14 OC cities.

Cities may have believed they had more time to repay the state. California is broke and its officials are desperate, but they won’t stop spending. They want their money now. Some Mission Viejo residents might not realize their city doesn’t have the money. If it had $2.6 million to spare, it could have paid like the other cities to avoid penalties. A lawsuit will buy time.

For years, the City Hall and various council majority members up for reelection have claimed the city is practically rolling in dough. Watchdogs have challenged the claims, noting the city generally has less than $500,000 that isn’t encumbered or already spent. If anyone still believes the city is awash in cash, follow the links, including a letter from Wilberg: (link), (link) and (link).

Building Safety in Mission Viejo – Part 1
by Dale Tyler

Have you ever wondered how structures are built to be safe? It does not happen by chance. There are building codes that have to be followed, and it is the joint responsibility of the building's owner, the contractor and the City's Building department to make sure all of the codes are followed.

Most of us are not really able to evaluate the correctness of a building under construction. However, there are some residents of our city who have construction engineering experience and who are also concerned about public safety.

In February 2012, one such person saw what he believed were significant problems with the reconstruction of a commercial building in our city. He informed the Mission Viejo Building department of his concerns and was essentially ignored, despite the potential safety implications, which revolve primarily on the load-bearing capacity of the expansive soils common in Mission Viejo. There were other discrepancies in the framing and other components of the building, but the foundation was literally the key.

The City of Mission Viejo is located in an area of high seismic activity in the vicinity of the Newport- Inglewood fault that poses greatest hazard to life and property. It is believed by scientists that the fault is capable of generating a maximum credible 7.5 magnitude earthquake. Because of the degree of City urbanization and proximity to a major fault, the risk of structural damage and loss of life due to ground shaking is considerable.

If the foundation of a building is inadequate, it will fail to support the structure in an earthquake or perhaps in a high wind event. In most areas of Mission Viejo, the maximum allowable loading of the dirt under a building is 1,500 pounds per square foot. The calculation used to determine the actual loading is fairly straightforward. Yet, when asked for these calculations, our Building department was unable to adequately describe the calculations that were used.

A review of the plans for the subject building was arranged for June 15. A licensed Professional Engineer and I looked over the entire file as presented to us. There appeared to be a number of general irregularities and mistakes in foundation calculations. The city was informed about these concerns and was asked to review certain calculations to verify their accuracy.

When I asked about the details of the city's review I was told, “This matter is closed.” Something is not right when the people we entrust with the safety of the community are not forthcoming with their calculations. There may be some issues of conflict of interests as it applies to independent reviewers of issues such as this.

There is a meeting scheduled on August 1, 2012, where there will be a discussion of these issues, and it will be determined if the building is safe or unsafe. I will update the readers of the Newsblog after the meeting occurs.

Redevelopment Confusion

Here’s the need-to-know information regarding the letter and documents City Manager Dennis Wilberg sent to OC Supervisor Pat Bates.

  1. The state dissolved Redevelopment Agencies effective Feb. 1, 2012.
  2. Redevelopment Agencies were to suspend activities and preserve assets as of June 29, 2011.
  3. Money in redevelopment accounts was to be paid to the state.

The directives were clear, but what did the Mission Viejo council majority do after redevelopment activities were to end? Among other things, with a vote of 4-1 (Councilwoman Cathy Schlicht dissenting), the council formed a new entity, the Mission Viejo Housing Authority. They gave the appearance they were extending redevelopment’s financial obligations regardless of what the state said, but they didn’t identify where the money would come from.

Redevelopment funds should have been held separately and preserved as the state demanded on 6-29-11.

Wilberg writes in his letter to Bates, “we do not have the funds to pay the amount demanded and still be able to pay our ongoing enforceable obligations including DOF [California Department of Finance] approved debt service on bonds.”

This isn’t the first time the council majority has challenged the state. In 2006, Councilman Frank Ury and then-councilman Lance MacLean threw away the work that had been done by the Planning Commission on the city’s affordable housing plan. The state’s mandate is that cities have to have a plan. As a result, the state fined the city $600,000, and a lawsuit stemming from a council majority decision with regard to affordable housing cost taxpayers approximately $1 million in legal fees.

As other need-to-know information, Ury is up for reelection in November.

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.

Moore’s Sewing Center, visit the website for classes or events every day next week, July 16-21. Save the date for a one-day Sewing Celebration seminar on accessories and techniques, Sat., Aug. 11, 2:00 p.m. to 5:00 p.m., 25390 Marguerite Pkwy, Mission Viejo, (949) 580-2520, http://www.moores-sew.com/class-calendar-mission-viejo.html

Concerts at Lake Mission Viejo on Saturdays: Three Dog Night on July 21, Hunter Hayes on Aug. 4, Leon Russell on Aug. 18 and Hanson on Sept. 1. Concerts begin at 7:00 p.m. and are limited to lake association members and their guests. Call or visit the website for information, 949-770-1313, ext. 311, or http://www.lakemissionviejo.org

National Rifle Association Banquet, Thurs., July 26, 6:00 p.m., Metro OC Friends of NRA, Phoenix Club, 1340 S. Sanderson, Anaheim, contact Mike Davis, (714) 368-0451, mdavis@nrahq.org, http://www.friendsofnra.org

Mariachis at the Mission on Sat., July 28, 10:00 a.m. to 11:15 a.m., second and fourth Saturdays each month, free with paid admission to the Mission, Central Courtyard, Mission San Juan Capistrano, 26801 Ortega Hwy, San Juan Capistrano, (949) 234-1300, http://www.missionsjc.com/

“Big Band Swing into Spring” dinner theater, through July 29, uplifting and nostalgic musical revue, Encore Dinner theatre & Club, 690 El Camino Real, “Old Town” Tustin, (657) 210-3200, http://www.encoredinnertheatre.com

Crean Lutheran High School is accepting applications for 2012-2013. New campus is located at 12500 Sand Canyon Ave., Irvine. Call (949) 387-1199 or apply online, http://www.clshs.org

Young Rembrandts art classes, available at Mission Viejo Michael store, Anime Workshop cartoons and characters, July 30-Aug. 2, 11:00 a.m. to 12:00 noon, and Fashion Runway fashion illustration workshop, Aug. 12-16, 11:00 a.m. to 12:00 noon. Call or visit the website for information about other classes, 25310 Marguerite Pkwy, Mission Viejo, (949) 679-0430, www.youngrembrandts.com

Shakespeare in the Park, “Merry Wives of Windsor,” Thurs., Aug. 23 and Sat.-Sun., Aug. 25-26, 6:00 p.m., the Dana Point Theater Company, Lantern Bay Park, Dana Point, (949) 291-5083, dptheaterco@hotmail.com

Pageant of the Masters, through Aug. 31, 8:30 p.m. performances, 650 Laguna Canyon Road, Laguna Beach, (800) 487-3378, http://www.pageanttickets.com

Sawdust Art Festival, through Aug. 31, on the festival grounds, 10:00 a.m. to 10:00 p.m., 935 Laguna Canyon Road, Laguna Beach, (949) 494-3030, http://www.sawdustartfestival.org

Political and Government Events Calendar

Moulton Niguel Water District meetings: Engineering and Operations on Mon., July 16, 9:00 a.m., Finance and I.T. on Wed., July 18, 9:00 a.m., Board of Directors on Thurs., July 19, 5:30 p.m., 27500 La Paz Road, Laguna Niguel, (949) 831-2500, http://www.mnwd.com/board-of-directors/agenda.aspx

Orange County Board of Supervisors will meet on Tues., July 17, 9:30 a.m., Board Hearing Room, First Floor, 333 W. Santa Ana Blvd., Santa Ana, (714) 834-3100. http://egov.ocgov.com/ocgov/Government/Board%20of%20Supervisors/Meeting%20Schedule

Meet President Teddy Roosevelt, Tues., July 17, 10:30 a.m. to 12:00 noon, Richard Nixon Presidential Library. Bring the family, interactive Q &A, photo ops, children’s activities and refreshments. 18001 Yorba Linda Blvd., Yorba Linda, (714) 364-1120, http://nixonfoundation.org/ai1ec_event/meet-president-teddy-roosevelt/?instance_id=469

Santa Margarita Water District meetings: Finance Committee on Fri., July 20, 7:30 a.m.; Board of Directors on Wed., July 25, 7:00 p.m., 26111 Antonio Parkway, Rancho Santa Margarita, (949) 459-6420, http://www.smwd.com

Concert at the Richard Nixon Library, Sun., July 22, pianist Ann Patrick Green and baritone Hershel Green. Doors open at 1:15 p.m., and concerts begin at 2:00 p.m. unless otherwise noted. Concerts are free and open to the public. Schedule is subject to change. Richard Nixon Library, 18001 Yorba Linda Blvd., Yorba Linda, (714) 364-1161, http://events.nixonfoundation.org/concerts/

El Toro Water District meetings: Engineering, Finance, Insurance Committee on Tues., July 24, 7:30 a.m. to 10:00 a.m.; Board of Directors on Thurs., July 26, 7:30 a.m. to 10:00 a.m. ETWD, 24251 Los Alisos Blvd., Lake Forest, (949) 837-0660, http://www.etwd.com/

Saddleback Valley Unified School District Board of Trustees will meet on Tues., July 24, 6:30 p.m., “if necessary.” District office, 25631 Peter Hartman Way, Mission Viejo, (949) 586-1234, http://www.svusd.k12.ca.us/

Capistrano Unified School District Board of Trustees meeting on Mon., July 25, 7:00 p.m., 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/

Meet Hugh Hewitt, author of The Brief Against Obama: The Rise, Fall & Epic Fail of the Hope & Change Presidency, Mon., July 30, 3:00 p.m. radio broadcast and 7:00 p.m. lecture and book signing, Richard Nixon Presidential Library, 18001 Yorba Linda Blvd., Yorba Linda, (714) 364-1161, http://nixonfoundation.org/ai1ec_event/meet-hugh-hewitt/?instance_id=471

South Orange County Community College District Board of Trustees, Mon., July 30. Meeting times unless otherwise posted: open session convenes at 5 p.m., followed by adjournment to closed session, open session reconvenes at 6:00 p.m. or 6:30 p.m., adjournment by 9:00 p.m. 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

ACT for America, Mission Viejo Chapter, will meet on Mon., Aug. 13, 7:30 p.m., program to be announced. Doors open at 6:45 p.m., and the meeting begins promptly at 7:30 p.m. Program to be announced. ACT meets at the Norman P. Community Center, 24932 Veterans Way, Mission Viejo.

Saddleback Republican Assembly does not meet in July or August. The next SRA meeting will be on Thurs., Sept., 7:00 p.m. Guest speaker will be John Moorlach, Orange County Supervisor, Second District. SRA meets on third Thursdays at the Norman P. Murray Community Center, 24932 Veterans Way, Jacaranda Room-B, Mission Viejo. For information call (949) 360-1717.

The Buzz

ACT for America is planning a potluck picnic on Sat., Aug. 11, 11:00 a.m. to 2:00 p.m., location to be announced. Those interested in attending may contact the Mission Viejo chapter leader at act.local.mv@cox.net

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Concordia University invites the public to its Concerts on the Green. The next one is Sun., July 22, 5:00 p.m. to 7:00 p.m., featuring Joyspring Jazz Ensemble and Peggy Duquesnel. Bring a beach chair, blanket or a picnic basket and enjoy the music. Location is on the lawn between Grimm Hall and the C.U. Center, 1530 Concordia West, Irvine. For more information, call Grace Saldana, (949) 214-3185, or visit http://www.cui.edu

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Mission Viejo’s Tea Party Patriots held a get-together to celebrate the outcome of the June Primary. Nearly the entire MV Tea Party slate won on June 5. One of the Patriots summarized the results, “There are two political parties that win elections: Republicans and Democrats. Candidates calling themselves conservatives cannot win by running against both major parties. Our Tea Party group supports the most conservative Republicans we can find, and we try to warn voters about candidates who change their political party when they decide to run for office or otherwise misrepresent their background.”

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Is the city-subsidized Farmers Market on Friday mornings evolving into another all-inclusive event? City Hall’s trademark parties are conglomerations of arts and crafts, music, global warming, health, safety and the glorification of big government. Initially, the concept was a farmers market, and the stated limit of taxpayer funding was to be $500 total. City Hall routinely places full-page ads in Saddleback Valley News and involves city employees to perpetuate the events. There’s little distinction between the hoopla of a City Hall event outside the Murray Center and the weekly so-called farmers market. Regardless of how many different angles the city adds (from global warming to a health fair), what residents look for in a farmers market is genuinely homegrown produce (not commercial vendors and food trucks) and competitive prices.

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Reaction from a Mission Viejo resident: “City hall spends a fortune on public relations, glossy brochures and advertising to convince taxpayers of things that aren’t true. City hall is trying to fool residents that Very High Fire Hazard Severity Zones are different from Special Fire Protection Areas. If city administrators were dedicated to serving the public instead of serving themselves, no public relations program would be needed.

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