Sunset Vies for Clean Sweep
by Larry Gilbert

Update: Folks. There is one sentence that I overlooked. The current two-year rate from Athens Service is $633,867.16.

Now that Mission Viejo's street sweeping bids have been opened, our city council should not delay in awarding the next two-year contract, as FYE June 30 2013 is less than 3 weeks away. At the June 5 bid opening the following proposals were received:

Sunset $631,167.59
Athens Services $792,208.82
Dickson $795,183.72
Clear Streets $986,844.52

As reported previously, a fifth bid arrived after the cutoff time and date. I have no idea who it was from, but it is irrelevant to the current procurement exercise. Witnessing city employee Robert Schick opening and reading the bids were MV Council Member Cathy Schlicht, Assistant City Manager Keith Rattay, MV employee Bruce Trexler, along with representatives on behalf of Athens, Dickson and Sunset. Therefore, there is no possible challenge to the above-referenced pricing.

As FYE June 30th is just around the corner, I would anticipate the city council negotiating a one-month extension of our street sweeping with the current vendor for a smooth transition to their replacement.

Attending our council meetings in person or watching replays on MVTV, this decision is one of the easiest facing this council. In listening to Mayor Reardon and Mayor Pro Tem Kelley when the current contract was debated in 2011, they each had the highest praises for Sunset, the former vendor, who served our city for 17 years until losing the bid to Athens solely on cost, as Athens wanted to get a foothold in a major South County city. Along with our policy of awarding contracts to the lowest bidder, the word "responsible " comes into play. When Council Member Reardon asked Director Rattay to define a "responsible " vendor, he responded that the city checks out references, etc.

I find this particular RFP very troubling. My concern was a new requirement that any bidder must have trucks that were virtually brand new at the time of the contract award, which triggered an alarm for me. As of April 26, 2013, bidders were advised of an additional equipment requirement, (SP8-Section 4), which read as follows: "Street sweepers provided to the city for street sweeping shall not be more than two (2) years old, or newer, at the start of the contract."

This is where I see a red flag. I refer to the Jan. 7 staff recommendation to simply renew the current contract with Athens for another two years. That boilerplate did not contain any restrictive language on the equipment age. When challenged by Councilman Leckness during the May 20 meeting, the council majority removed that requirement. However, it was not until Fri., May 31, four business days before the bid opening, that potential bidders would learn of that revision. In that same meeting I quoted Director Rattay who had stated that this age requirement was not in the original RFP and that there would not be any added benefit by this additional requirement (paraphrased).

What we have here is a "performance" contract opportunity. As such, the city should not engage in micro-managing a private sector business, especially when this added requirement was not part of the prior agreement requirements and the end date is only guaranteed for two years. You can't drive down to our auto mall, get out your credit card and drive one off the showroom floor. These special CNG vehicles, costing upwards of $250,000 to $300,000, might take 90-180 days for delivery.

There is more to this service, and if you'll stick around, let me point out that Athens reported only 950 tons of debris picked up in 2012, yet the prior vendor has documented 1,257 tons in 2010, 1,275 tons in 2009 and 1,330 tons of debris being removed from our streets in 2008. While there are circumstances that can explain some of the variance such as unusual climatic events, and without demeaning Athens’ performance, our streets were surely clean in prior years. I question the August 15, 2011, Agenda report which states that "MV staff will monitor the collected debris on a monthly basis to ensure the amounts being reported are consistent with prior year's street sweeping dumping efforts." However, anticipating a return to our prior vendor, I will close for now and await the selection outcome.

Big money in Small Town Politics
Reprinted with permission of “Capistrano Common Sense”
http://www.ccsense.com

A Sworn Complaint alleging campaign violations in the last San Juan City Council election was filed recently with the Fair Political Practices Commission (FPPC) alleging that big money interests attempted to benefit financially by controlling who was elected to City Council.

The complaint, filed by Councilman Roy Byrnes and Kimberley McCarthy, describes how the following politicians, political consultants and related groups allegedly worked together to influence the outcome of the campaign in violation of the Fair Political Practices Act:

Roger Faubel of Faubel Public Affairs, former President/CEO of “OC Taxpayers Association”, which sponsors a Political Action Committee (“PAC”) named “OCTax PAC”. Faubel and OC Taxpayers Association benefit financially from a number of development-related projects in San Juan Capistrano;

• OCTax PAC shares Faubel’s business address, and as an officer of OC Taxpayers, Faubel signed their most recent tax returns in 2010 and 2011; 
• OCTax PAC spent nearly $10,000 on mailers promoting Sam Allevato and Ginny Kerr for City Council; 
• OC Taxpayers, SDG+E and the Orange County Transportation Agency (OCTA) are all Faubel clients. SDG+E has a large SJC expansion project pending approval in San Juan, and the OCTA granted SJC substantial sums of taxpayer monies from Measure M (gasoline tax) funding for SJC projects 
• Jonathan Volzke former Capistrano Dispatch Editor, was hired by Faubel shortly after an article appeared in the Dispatch promoting the proposed SDG&E expansion project in San Juan. SDG+E became Volzke’s client when he was hired by Faubel. Volzke also wrote “Guest Columns” in the Dispatch promoting Allevato and Kerr, prior to the City Council election. 
• Another Faubel client is the Orange County Transportation Agency (“OCTA”) which reportedly awarded $108,000 of public monies to Faubel to do “community outreach” to San Juan businesses during the I-5 interchange construction. The award of the no-bid contract was criticized by Council members Roy Byrnes and Derek Reeve, who expressed concern about the appearance of impropriety, given Faubel’s and Volzke’s very public promotion of Sam Allevato during the campaign, and due to Faubel and Volzke’s very public efforts to defeat Byrnes and McCarthy. Allevato publicly supported the award of OCTA (taxpayer) funds to Faubel & Associates. 
• Lysa Ray Campaign Services has the OC Taxpayers Association as a client. During the election, Lysa Ray established a PAC called “Residents for Reform”. During the campaign, Residents for Reform sent out a mass email which included residents in San Juan featuring a re-print of an OC Register article. The headline was altered, falsely and libelously claiming, “State will investigate Burns (sic) and McCarthy for money laundering”. No such violation ever existed or was alleged to exist. 
•  Lysa Ray’s PAC also paid for a “robo call” to San Juan voters on the eve of the election, featuring former Mayor Wyatt Hart (a former client of Ray’s) accusing Byrnes and McCarthy of being investigated for “illegal activities”. 
• Lysa Ray also employed “Delta Partners” in her clients’ campaign to oppose Roy Byrnes and Kim McCarthy. Delta Partners is a political consulting firm headed by David Ellis of Newport Beach who served on the Board of OC Taxpayers in 2007.

It is not illegal to campaign for candidates, however it is illegal to behave as a PAC without registering as a PAC or identifying oneself as a PAC in public communications. It is also illegal for a news publication to promote a candidate or candidates while refusing equal access or time to their opponents. Byrnes and McCarthy allege that both of these laws were violated.

The Letter to the Editor listed below written by John Perry, reveals how campaign contributions are hidden from public view when benefiting a campaign, through a Political Action Committee or “PAC”. While individual candidates must report a direct contribution from a PAC, they do not have to report any money the PAC spends on campaign materials supporting them or attacking their opponents.

Perry’s letter was printed in the online Dispatch on October 31 and was removed a few days later, but not before a number of comments were posted criticizing Volzke’s “lobbying activities”.

“After my letter to the editor was published by the on-line Dispatch, Jonathan Volzke wrote a blistering response with all sorts of claims about my character. I started wondering why such a personal attack was necessary. Is there something more to the story that caused the reaction? So I did a little internet searching. Here’s what I found:

• Jonathan Volzke works for Faubel Public Affairs. 
• Faubel Public Affairs has Poseidon Resources for a client. Poseidon Resources is seeking to build the county’s first seawater desalination plant in Huntington Beach. 
• Poseidon is also on the board of the Orange County Taxpayers Association.
• The Orange County Taxpayers Association is also a client of Faubel Public Affairs
• On December 4, 2012 Poseidon donates $25,000 to OCTaxPAC, sponsored by the OC Taxpayers Association.
• On October 9, 2012 Poseidon donates another $5000 to OCTaxPAC.
• On October 29, 2012 a mailer published by OCTaxPAC is received by voters in San Juan Capistrano extolling the virtues of [Sam] Allevato and [Ginny] Kerr as “job producers” who have caused the unemployment rate in San Juan Capistrano to drop by 25%. 

I admit to believing in the tooth fairy, but I find it hard not to believe that somehow Jonathan is steering out of town money into our little City Council race. It might be legal, but this kind of political sleight of hand cries out for a little sunshine. For every contribution there is a payback. I will be watching.

SCE Update
by Joe Holtzman

Southern California Edison has been exposed again for political manipulations and influence buying. Chambers of Commerce are pimping for Edison. See the following report on http://OCpoliticsblog.com

From the article:

How pervasive is SCE’s influence? Consider these memberships and investments in local organizations:

• Orange County Taxpayers Association – Both SCE and Sempra are listed as “Sponsors” of the Orange County Taxpayers Association. SCE, Sempra and SDG&E have employees on the board of directors of the OC Taxpayers Association.
• Huntington Beach Chamber of Commerce – SCE is a part of the Huntington Beach Chamber of Commerce 2013-14 Chairman’s Circle as a Corporate Level sponsor of the Huntington Beach Chamber of Commerce.
• Cypress College – In 2011 Southern California Edison company donated $2,538
• Chapman University – In 2011 Southern California Edison company donated $3,490
• Southeast Community Development Corporation – In 2011 Southern California Edison company donated $5,750
• California Small Business Association – In 2011 Southern California Edison company donated $20,000
• Orange County Hispanic Chamber of Commerce – Both Southern California Edison and SDGE / Sempra Energy are listed as “SPONSORS” of the Orange County Hispanic Chamber of Commerce. Also Chairman of the Board at Orange County Hispanic Chamber of Commerce is Eddie Marquez who works directly for SCE as their “Regional Public Affairs Manager”
• Hispanic Chamber of Commerce – In 2011 Southern California Edison company donated $68,875. SCE is listed as one of the sponsors in 2013 and would be required to pay $10,000 or $25,000 to be called a sponsor.
  Santa Ana Chamber of Commerce – Both SCE and Sempra / SDG&E are members.

There is no telling how much money SCE is spending on political operatives throughout California and especially in Sacramento. Continue reading: http://ocpoliticsblog.com/the-political-beast-that-is-southern-california-edison/?fb_source=pubv1

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.

Chacewater Wine Dinner, Thurs., June 20, 6:30 p.m. to 10:00 p.m., O’Neill’s Bar & Grill. Cocktail Hour followed by a four-course organic and wine-inspired dinner. Arroyo Trabuco Golf Club, 26772 Avery Parkway, Mission Viejo, (949) 305-5100, http://www.arroyotrabuco.com/specials.aspx

Soka University concert, Men Alive present America, “The Songs of Our Homeland,” Fri., June 21, 3:00 p.m. and 8:00 p.m., 1 University Drive, Aliso Viejo, (949) 480-4278, http://www.performingarts.soka.edu

A Taste of Greece, Fri.-Sun., June 21-23, St. Paul’s Greek Orthodox Church, Greek food, dancing, carnival, boutique, wine tavern, church tours and opportunity drawings, 4949 Alton Pkwy, Irvine, (949) 733-2366, http://www.irvinegreekfest.com/

Concerts at Lake Mission Viejo on Saturdays: Wilson Phillips on June 22, Kellie Pickler on July 6, Donavon Frankenreiter on July 20, Dennis DeYoung on Aug. 3, Michael Bolton on Aug. 17 and Rock Under the Radar: Delta Rae on Aug. 31. 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

Summerfest ‘13 at Silverado, Sat.-Sun., June 22-23, 10:00 a.m. to 5:00 p.m. Vendors include ceramics, woodworking, jewelry and handcrafted art. Enjoy live music, BBQ, children’s activities and birding classes. Tucker Wildlife Sanctuary, 29322 Modjeska Cyn. Rd., Silverado, (714) 649-2760, http://www.tuckerwildlife.org/

La Vida Drum Circle, Sun., June 23, 7:00 – 10:00 p.m., group meets on the evening of every full moon (Sun., June 23, Mon., July 22, Tues., Aug. 20, Thurs., Sept. 19, 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/

Laguna Playhouse presents “Late Nite Catechism: Sister Rolls the Dice,” through June 23, 606 Laguna Canyon Rd., Laguna Beach, (949) 497-2787, ext. 1, http://www.lagunaplayhouse.com

Recycling Drive at St. Kilian’s Church, Sat., July 20, 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

Political and Government Events Calendar

Orange County Board of Supervisors regular meeting on Tues., June 18, 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

Meet President George Washington, Tues., June 18, 10:30 a.m. to 12:00 noon, Richard Nixon Presidential Library; free admission. Nixon Library concert on Sun., June 23, Placentia Community Chorus. Doors open at 1:30 and the concert begins at 2:00 p.m. 18001 Yorba Linda Blvd., Yorba Linda, (714) 364-1120, http://nixonfoundation.org

Capistrano Valley Republican Women Federated, Wed., June 19, 9:00 a.m., at the Marbella Country Club, 30800 Golf Club Drive, San Juan Capistrano. CVRWF meets on third Wednesdays. Call (949) 496-2525 for reservations, http://cvrwf.org

Saddleback Republican Assembly, Thurs., June 20. At 7:00 p.m. SRA meets on third Thursdays (except in December, July and August) at the Norman P. Murray Community Center, 24932 Veterans Way, Jacaranda Room-B, Mission Viejo. For information call (949) 769-1412.

Santa Margarita Water District meetings: Finance Committee on Fri., June 21, 7:30 a.m.; Board of Directors on Wed., June 26, at 7:00 p.m., 26111 Antonio Parkway, Rancho Santa Margarita, (949) 459-6420, http://www.smwd.com

SOC912 General Meeting, Fri., June 21, 7:00 p.m., topic will be Gang of 8 Amnesty Bill. SOC912 meets on third Fridays. Norman P. Murray Community Center, 24932 Veterans Way, Mission Viejo, http://www.meetup.com/SOC912/

Saddleback Valley Unified School District regular board meeting on Tues., June 25, 6:30 p.m., 25631 Peter Hartman Way, Mission Viejo, (949) 586-1234, http://www.svusd.k12.ca.us/

Capistrano Unified School District Board of Trustees will meet on Wed., June 26, 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/

Mission Viejo Chapter of ACT! for America will hold a General Meeting on Mon., July 8. Doors open at 6:45 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.

OC Veterans Advisory Council, Wed., July 10, 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

Rush Limbaugh Club of OC, Sat., July 13, breakfast starts at 8:00 a.m., and the meeting runs from 8:30 a.m. to 10:30 a.m. The club meets on second Saturdays of the month at Casta Del Sol Golf Club, 27601 Casta Del Sol Road, Mission Viejo. RSVP to reservations@rushlimbaughcluboc.com. http://www.rushlimbaughcluboc.com

The Buzz

Rancho Santa Margarita – an efficiently managed contract city with approximately half the population of Mission Viejo – has fewer than 25 full-time employees. Mission Viejo City Manager Dennis Wilberg’s bloated city staff had 271 employees in 2011, according to the most recent data on file with the State of California. While Wilberg has announced entirely different figures to the public, this blog’s information is based on the city’s filings with the state: http://publicpay.ca.gov/Reports/Cities/City.aspx?entityid=311&fiscalyear=2011 . Following are records for other previous years.

Mission Viejo’s number of employees in 2009 -- 282
Mission Viejo’s number of employees in 2010 -- 283
Mission Viejo’s number of employees in 2011 -- 271

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Who will replace Roger Faubel on the Santa Margarita Water District Board of Directors? With 12 applicants competing for the appointment, an Orange County blogger predicts Justin McCusker will be chosen: http://ocpoliticsblog.com/will-faubels-pal-mccusker-get-his-seat-on-the-s-m-water-districts-board/ , The article identifies McCusker as a co-chair of the OC Taxpayers Association PAC, which donates to the existing SMWD directors’ campaigns. The same trough feeders get a mention in nearly every article about Orange County’s incestuous power clique.

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McCusker was a Mission Viejo resident for a couple years, 2005-2006, and he ran for a city council seat in 2006. During a candidate forum, he said he had never attended a council meeting, which was obvious to those in the audience. A few months after he finished near the bottom in the race, he moved to Rancho Santa Margarita.

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In the spirit of Thomas Paine’s 1776 “Common Sense,” San Juan Capistrano residents are benefiting from a publication that reflects true American spirit. “Capistrano Common Sense” is a monthly newsletter written, published and distributed by volunteers. As with Paine’s writing, the newsletter inspires readers to get involved. The newsletter is delivered to all residences in SJC, and one of the benefits is an informed electorate.

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Col. Joe Snyder, a retired Marine, former mayor of Dana Point and a member of VFW Post 9934, is spreading the word about an upcoming event in San Juan Capistrano. The VFW is among organizations partnering with Torch 1975 to sponsor a golf tournament at San Juan Hills Golf Club on Mon., July 15, benefiting the military, their families, Wounded Warriors and Veterans’ issues. Torch 1975 was founded by Jessica Nguyen, a POW’s daughter and war survivor / victim. The golf tournament celebrates the centennial birthday of President Gerald Ford and commemorates his humanitarian act in 1975, authorizing $2 million to evacuate Asian American orphans from Saigon who would otherwise have been slaughtered. Known as Operation Baby Lift, it resulted in 2,700 children being adopted in the United States, plus 1,300 in other countries. To learn more about the July 15 golf tournament, call (714) 323-4400 or visit http://www.Torch1975.org

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The Agenda for the June 17 Mission Viejo council meeting can be found at http://dms.cityofmissionviejo.org/sirepub/pubmtgframe.aspx?meetid=2080&doctype=agenda . Under Old Business, note Item No. 13 – Proposed budget, Item No. 14 – Review of council policy 0300-8 management and budget policies, Item No. 15 – Street sweeping contract. Under Council Comments, note an opportunity for residents to voice an opinion on Trish Kelley’s Review of Social Host Ordinance.

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Where will you be in 2053? That’s when the 241 toll road will be paid off and opened to traffic free of charge. According to a June 13 OC Register article, refinancing will push out the date, originally set at 2040, and give the agency more financial flexibility in its plan for completing the $200 million 5.5-mile extension. Mission Viejo watchdogs and other concerned citizens are generally opposed to the extension as a costly project that doesn't benefit Mission Viejo.

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