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HSR Hits a Roadblock Some good news for those of us who are fighting to stop the proposed high-speed rail (HSR). I've just received a copy of the Superior Court of CA, County of SAC, first phase Ruling by Superior Court Judge Michael Kenny. Judge Kenny said the CA HSRA "abused its discretion by approving funding plan that did not comply with the requirements of the law." Ref Case No 34-2011-00113919-CU-MC-GDS. The plaintiffs and Petitioners being John Tos and Aaron Fukuda, County of Kings. The Petitioners challenge the validity of the funding plan the Authority approved back in Nov. 2011. They also assert and Judge Kenny stated that the "Authority abused its discretion by approving a funding plan that did not comply with the requirements of law. Specifically, the identification of the sources of all funds to be invested in the IOS and the certification regarding completion of necessary project level environmental clearances did not comply with the requirements set forth in the plain language of Section 2704.08(c)(2), subsections (D) and (K)." Source. Page 7. The Authority "failed to comply with certain statutory requirements governing the content of the funding plan." Without going into all the ruling legalese, the Petitioner states that "the HSRA violates Section 2704.08(c)(2) of the funding plan including the requirement to complete all necessary project level environmental clearances necessary to proceed." Reading further on Page 14 of the Ruling, it states: The Court further notes that Section 2704.08(d) requires the Authority, prior to committing any proceeds of bonds for the project, to prepare and approve a second funding plan and submit it to the Director of Finance and the Chairperson of the Joint Legislative Budget Committee, along with a report prepared by independent parties. That subdivision also provides that the Authority may not enter into commitments to expend bond funds and accept offered commitments from private parties until the Director of Finance finds that the plan is likely to be successfully implemented as proposed. Proposition 1A thus appears to preclude the Authority from committing or spending bond proceeds on the high-speed rail project until a second funding plan is prepared and approved, except for expenditures falling within the terms of subdivision (g). The Court cannot determine whether a writ should issue to invalidate subsequent approvals by the Authority or other respondents (and thus, whether a writ should issue to invalidate the funding plan) until it is able to determine what subsequent approvals have been made, and whether such approvals involve the commitment of proceeds of bonds or expenditures of bond proceeds within the scope of Section 2704.08". What is the next step? "The parties are directed to meet and confer and contact the Clerk of this Department to set a date for a hearing on the remedy issues addressed in the supplemental briefing, and to meet and confer to arrange a briefing schedule." Folks. This is a complex Case in that we have both Prop 1A overlapped by SB1029 that was approved on July 18, 2012, where the state appropriated State Bond Funds. Let's not forget this is Gov. Brown's legacy that could cost the taxpayers billions of dollars that should be designated to fixing our crumbling roads and bridges. We just heard that the Feds are not ponying up any additional funds for high-speed rail in California. |
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Anticipated Public Comment This blog was alerted by city watchdogs who expect information will be released during the Aug. 19 council meeting. Brian Skalsky has stated he will present documents during public comments to show a council member broke the law. His information appears to be about Councilman Dave Leckness or Councilwoman Trish Kelley. Activists who anticipated a press release from Skalsky over the weekend have not seen it. Residents can to tune in to the Aug. 19 council meeting to hear Skalsky’s presentation. |
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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. La Vida Drum Circle, Tues., Aug. 20, 7:00 – 10:00 p.m., group meets on the evening of every full moon (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/ Big Bucks Bingo, Wednesdays, 6:15 p.m. early bird and 6:45 p.m. regular games, Mission Viejo Elks Lodge, Marguerite and La Paz, Mission Viejo, 949-830-3557. Art, Jazz, Wine and Chocolate Tasting, Thurs., Aug. 22, 5:30 p.m. to 7:30 p.m. Thursdays through Aug. 29, featuring Kendall-Jackson wines and XAN Confections chocolates, $15 with Festival of Arts admission, 650 Laguna Canyon Road, Laguna Beach, (800) 487-3378, http://www.foapom.com/ Rancho Mission Viejo Rodeo, Sat.-Sun., Aug. 24-25, competitive rodeo events, a country music concert and dance, corner of Ortega Hwy and Antonio/La Pata. Gates open Saturday at 2:00 p.m. and Sunday at 11:30 a.m., corner of Ortega Hwy and Antonio/La Pata, visit the website for information, including ticket locations, http://www.rmvrodeo.com Music Under the Stars, Sat., Aug. 31, 6:30 p.m., Mission San Juan Capistrano. Concert gates open at 5:30 p.m. Music begins at 6:30 p.m. and ends at 9:30 p.m. (949), 234-1315, http://www.missionsjc.com Concert at Lake Mission Viejo, Rock Under the Radar: Delta Rae on Sat., 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 Tchaikovsky Spectacular, Sat., Aug. 31, 8:00 p.m., cannons and fireworks, Pacific Symphony, Verizon Wireless Amphitheater, 8808 Irvine Center Drive, Irvine, (714) 755-5799, http://www.pacificsymphony.org Pageant of the Masters through Aug. 31, “The Big Picture,” 650 Laguna Canyon Road, Laguna Beach, (800) 487-3378, http://www.foapom.com/ Sawdust Art & Craft Festival, 10:00 a.m. to 10:00 p.m. daily through Sept. 1, 935 Laguna Canyon Road, Laguna Beach, (949) 494-3030, http://www.sawdustartfestival.com/ Recycling Drive at St. Kilian’s Church, Sat., Sept. 21, 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 |
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Political and Government Events Calendar Orange County Board of Supervisors will hold a regular meeting on Tues., Aug. 20, 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 Santa Margarita Water District meetings: Finance Committee on Fri., Aug. 23, 7:30 a.m.; Board of Directors on Wed., Aug. 28, at 7:00 p.m., 26111 Antonio Parkway, Rancho Santa Margarita, (949) 459-6420, http://www.smwd.com Nixon Library concert on Sun., Aug. 25, string quartet directed by Doris Chiang. Doors open at 1:30 and the concert begins at 2:00 p.m. “Meet First Lady Pat Nixon,” at the Nixon Library on Tues., Aug. 27, 10:30 a.m. to 12:00 noon. 18001 Yorba Linda Blvd., Yorba Linda, (714) 364-1120, http://nixonfoundation.org Capistrano Unified School District Board of Trustees will meet on Wed., Aug. 28, 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., Sept. 9. 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. The organization meets on the second Monday of the month. Saddleback Valley Unified School District regular board meeting on Tues., Sept. 10, 6:30 p.m., 25631 Peter Hartman Way, Mission Viejo, (949) 586-1234, http://www.svusd.k12.ca.us/ Moulton Niguel Water District meetings: Community Relations on Wed., Sept. 11 at 9:00 a.m.; Engineering and Operations on Mon., Sept. 16, 9:00 a.m. to 11:00 a.m.; Finance and Information Technology on Wed., Sept. 18, 9:00 a.m. to 11:00 a.m.; Board of Directors on Thurs., Sept. 19, 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/ OC Veterans Advisory Council, Wed., Sept. 11, 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 Capistrano Valley Republican Women Federated, Wed., Sept. 18, 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., Sept. 19, 7:00 p.m. Guest speaker will be Brad Dacus, president of Pacific Justice Institute. SRA meets on third Thursdays (except in July, August and September) at the Norman P. Murray Community Center, 24932 Veterans Way, Jacaranda Room-B, Mission Viejo. For information call (949) 769-1412. SOC912 General Meeting, Fri., Sept. 20, 7:00 p.m. SOC912 meets on third Fridays. Norman P. Murray Community Center, 24932 Veterans Way, Mission Viejo, http://www.meetup.com/SOC912/ |
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The Buzz The Mission Viejo Chapter of ACT for America announced a memorial service with military funeral honors for one of its leaders, Al Rowley, who passed away last month. The Mission Viejo Chapter invites members and friends to join Al’s family for a memorial service at noon on Mon., Sept. 9, at Ft. Rosecrans National Cemetery, Carillo Memorial Drive, San Diego. From I-5 South or I-8 West, exit at Rosecrans Street, turn right on Canon Street, and turn left on Catalina Blvd. The gathering area is at the Ft. Rosecrans Cabrillo Memorial Drive office (on the left past the stop light). Plan to meet half an hour before the noon service and walk or drive from the office. Seating is limited, and the weather might be cool and windy. *** From a city watchdog’s post: The city council’s next meeting is Aug. 19. The agenda is available at http://dms.cityofmissionviejo.org/sirepub/pubmtgframe.aspx?meetid=2082&doctype=agenda. Anyone who wants to add a comment to the public record via email can send it to KHamman@cityofmissionviejo. Be sure to reference the agenda item number in your correspondence and ask for inclusion in the public record. Following are items that may be of particular interest or concern:
Three items are under Council Comments:
*** A San Clemente park has a new $150,000 playground. Its “universal access” allows disabled children to play alongside other children. From the Aug. 17 OC Register: The park’s 88-year-old namesake, Max Berg, “set down his walking cane for a moment and – with a little help from Mayor Bob Baker – settled into the big kids’ twisty slide. He made it to the bottom in one piece, wearing an ear-to-ear grin.” Taxpayers should compare San Clemente’s cost of $150,000 with the same concept in Mission Viejo -- $1.3 million for playground equipment at Pavion Park. As another aspect, the Mission Viejo council majority chose to fund one park project instead of building restrooms in any of Mission Viejo’s parks currently without such facilities. Some of those parks have heavily used sports fields, and neighbors attest that the parks’ only restroom facilities are the bushes. *** Here’s an update from a previous Buzz item about school crossing guards. During the July 1 council meeting, All City Management expected the council to renew its longtime contract to provide crossing guards for the city’s two school districts. From the July 5 blog, “some of the guards had attended several council meetings to protest the new contract’s reduction of their hours. The council hadn’t negatively reacted until two ACMS managers spoke from the public microphone to announce diminished service for the cuts in hours and pay. (Item No. 30, view the video: http://missionviejo.granicus.com/MediaPlayer.php?view_id=12&clip_id=1000 ) The crossing guards in the audience at first applauded their managers’ remarks but then changed their mind when the council said ACMS would not get the contract.” The council subsequently awarded the contract to American Guard Services. Many of the guards who worked for ACMS have been hired by the new contractor. A resident reported to this blog that crossing guards not only had their hours reduced, they are required to pay for their own equipment with the new company (e.g., stop signs and vests), at a cost of approximately $200. *** UFO visits Mission Viejo? Sighted on July 13, by a resident near Lake Mission Viejo. *** "No Nation can remain both ignorant and free, it has never happened and never will." – President Thomas Jefferson |
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To Comment on any of our articles this week please email us by clicking on this link. All emails will be held in the strictest confidence. If you want you comment considered for publication, please put “Publish” in the subject. |
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