Single Page Text Only - 11/30/13

City Hall’s Marketgate

City employees created a taxpayer-funded business two years ago, calling it a Farmers Market. They ran their marketplace in front of city hall, initially on Friday morning every week.

City employees did it openly, primarily because no one stopped them. As an example of council oversight, Councilman Frank Ury votes “yes” on everything. He doesn’t need to show up at council meetings – just place a big YES sign on his chair. When Councilwoman Cathy Schlicht put the market on a council agenda for discussion, the city announced the market will close on Dec. 14.

When city employees set up their business on public property, they fleeced the public and enriched the businessman who acted as proprietor. The city staff said the purpose of the marketplace was to promote HEAL – Healthy Eating Active Living. As another hoax, City Manager Dennis Wilberg said he would limit taxpayer funding to $10,000.

As city employees expanded their operation, taxpayers paid for pony rides, a petting zoo, musical performances, crafts, health fairs and so on. Stores that were negatively impacted by the competition included Trader Joe’s and Ralphs, which are across the street from the city-operated market.

In progress is an analysis by residents to publicize true costs of city hall’s marketplace. The research shows that taxpayers – not the proprietor of the market – paid for operations for the Farmers Market. As an example, here are the categories from the analysis that identify expenses incurred by taxpayers.

Involvement of top-level city staff members (primarily Assistant City Manager Keith Rattay):

  • Negotiating and meeting with the proprietor, including prior to Jan. 2012 startup
  • Directing the marketplace / swap meet / “cultural” activities / health fair
  • Directing and supervising city employees who organize the weekly event
  • Organizing and attending meetings with the city’s top administrators
  • Interviewing and approving contractors, including approval of their expenses
  • Financial management; procuring funds from city departments and accounts
  • Interviews with media; influencing coverage; overseeing promotion
  • Directing communications; conferences with council majority members
  • Arranging MVTV videotaping and production
  • Overseeing vendor, “cultural,” entertainment, health fair and other participants
  • Representing city staff at council meetings; preparing presentations for meetings
  • Meeting with library personnel regarding their parking lot complaints

Involvement of city employees who act as marketplace managers and workers

  • Manage tasks and assign city employees and contractors
  • Direct and oversee contractors who set up and tear down the site
  • Direct and oversee contractors and employees during events
  • Recruit and manage contractors for ancillary activities (petting zoo, entertainment)
  • Arrange for “cultural” activities (order sculptures of bears, mosaics, etc.)
  • Recruit “volunteer” teachers, directors and participants
  • Orchestrate a P.R. campaign about “volunteers” and “community”
  • Create a health fair and find participants; “free” advertising, booths and materials
  • Create promos, press releases, work with media to get placement
  • Create newspaper ads and work with ad salespeople for placement
  • Arrange for “giveaways” for customers; design and procure swag
  • Create and maintain a Farmers Market website at taxpayer expense
  • Create articles and produce photography for articles, website, publications
  • Work with contractors who produce Outlook Magazine, Leisure Time, etc.
  • Create articles and other copy for the city manager’s newsletter and communications
  • Arrange and order meals for city staffers, contractors, participants and “volunteers”
  • Create and order banners and other signage

Outside contractors who are paid with city tax dollars

  • Bring in “up to 60” (as per the contract) city-owned canopies each week
  • Set up marketplace vendor booths, tables and chairs, as per specifications
  • Set up electrical power; string and secure cords for booths and activities
  • Place banners and signs prior to event; remove afterward
  • Block off parking lot
  • Provide security and safety
  • Dismantle site, remove canopies, chairs, power supply, banners, trash, etc.)
  • Videographers, crew and technicians
  • Media production, use of equipment and studio
  • Inclusion of Farmers Market in contracted city publications
  • Transport and store equipment, booths, canopies, etc.
  • Rental of equipment and storage space (e.g., storing bears at Kaleidoscope)

Uncovered costs

  • Rental value of space for the market
  • Use of canopies and other city equipment
  • Unreimbursed rentals
  • Meals, refreshments, caterers for city staff meetings
  • Meals, refreshments, caterers for vendors, entertainers, contractors, “volunteers”
  • Transportation, including use of city vehicles
  • Brochures, flyers and other printed materials not accounted for
  • “Free” advertising space for selected businesses in city literature
  • Banners and signage
  • Market expenses charged to “maintenance” accounts
  • Use of city hall equipment and supplies
  • Wear and tear on city equipment, such as current need to replace canopies

Assistant City Manager Keith Rattay announced during a council meeting that the grand total in expenses for approximately two years of operation is $21,668.50 – obviously false. To spend public money and lie about the amount and how it was spent is outright corruption.

PUC Proposes Decision

An announcement about the Public Utilities Commission’s proposed decision on San Onofre was forwarded to this blog by Mission Viejo resident Joe Holtzman.

Subject: 1st CA PUC Proposed Decision in San Onofre Outage/Cost Investigation

BREAKING NEWS: Agreeing with the position taken by the Coalition to Decommission San Onofre and other allies in the CA PUC's Investigation into the San Onofre outage of 2012-2013, the assigned Administrative Law Judges just published a Proposed Decision in Phase 1 (2012 expenditures) -- (from the Summary of the Proposed Decision, linked below).

"However, we find SCE to be single-minded about its restart plan, and slow to understand the technical challenges and regulatory timeframe required to implement it. SCE’s decision to apply resources to a restart plan was the result of an unsound decision-making process, primarily because SCE did not consider cost effectiveness or alternatives such as putting Unit 2 into preservation mode, or realistically assess the regulatory hurdles blocking a reasonably foreseeable restart." and "The decision establishes May 7, 2012 as the date by which SCE knew, or should have known, that the new type of tube wear linked to the tube leak in Unit 3 was also present, to a lesser degree, in Unit 2. Therefore, Unit 2 and Unit 3 would not likely return to normal operations in the short-term. Despite unduly optimistic reports to SCE’s Board of Directors, SCE was aware that no submission to the NRC could occur for months, and SCE’s internal actions signaled an understanding that repair options were far from developed."

More analysis coming -- 1st San O refunds of about $95 million proposal. There is a 30-day comment period on this Proposed Decision, then it goes before the 5-member Commission for finalization and voting at a Commission Meeting, most likely in January (the Commission meets twice a month). 

Barbara George is smiling down on us.

Intervenor Team, Coalition to Decommission San Onofre

http://docs.cpuc.ca.gov/PublishedDocs/Efile/G000/M081/K627/81627425.PDF

Council Meets on Dec. 2

The agenda for Mission Viejo’s Dec. 2 council meeting is posted on the city website: http://dms.cityofmissionviejo.org/sirepub/pubmtgframe.aspx?meetid=2111&doctype=agenda . To view backup material, go to the agenda and click on the blue links.

Those wanting to participate by making public comments can either attend the meeting or email the city clerk. Members of the public can request that their comments be made part of the public record. Email khamman@cityofmissionviejo.org . Please reference the agenda item number.

At the 6:00 p.m. beginning of the open meeting are five presentations. According to city policy, the business portion of the meeting starts at 6:30 p.m. Presentations have been running up to two hours in length.

The Consent Calendar carries various check registers and financial reports, including the Quarterly Check Register (Item No. 5), which shows General Fund expenditures, and the Comprehensive Annual Financial Report (Item No. 7).

Consent Calendar Item No. 8 is a staff recommendation to go out for bid on the Cattery Expansion.  

Consent Calendar Item No. 16 is a claim against the city. Watchdogs say this will be an “interesting” item, although some records are not posted. The records on this would be open to the Public Records Act.  It will be difficult to get the records, but the city is legally required to respond.

Consent Calendar Item No. 17 is authorization to retain Authority to Award the Ambulance Contract.

Under Public Hearings, Item No. 18 is adoption of more Building Code 0rdinances.

Item No, 24 is Councilwoman Cathy Schlicht’s request to re-agendize the Community Services Program funding of $75,000 to various cultural arts and human services organizations.

Under Council Comments is Item No. 27, an item Councilwoman Schlicht agendized in opposition to the OCTA's proposal to create toll lanes in Orange County. 

During this council meeting, the council will select the mayor and major pro-tem for 2014. All current council members have served as mayor for at least one year except for Councilwoman Cathy Schlicht.

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.

Dana Point Harbor Boat Parade, Fri.-Sat., Dec. 6-7 and 13-14, 7:30 p.m., decorated boats compete for awards, enjoy photos with Santa and boat rides, (949) 923-2255, 34624 Golden Lantern St., Dana Point, http://danapointharbor.com

Winter Fantasy Sawdust Art & Craft Festival, Sat.-Sun., Dec. 7-8 and 14-15, 10:00 a.m. to 6:00 p.m., 935 Laguna Canyon Road, Laguna Beach, (949) 494-3030, http://sawdustartfestival.org

Santa arrives at Lake Mission Viejo on Sat., Dec. 7. Snow Slide begins at 4:00 p.m., and Santa arrives 4:30 p.m. Bonfire on the Beach at 5 p.m.; Boat Parade at 6:15 p.m.; 1st Divisiion Marine Band performs at 6:15 p.m. Last chance to get in line for Santa is 7:45 p.m. Event is limited to Lake members and guests. Lake Mission Viejo Association, 22555 Olympiad Road, Mission Viejo, (949) 770-1313, http://www.lakemissionviejo.org/

Christmas at the Mission, Sat., Dec. 7, 5:30 p.m. to 8:00 p.m., ringing of historic bells, entertainment, food, live music, kids crafts, 26801 Ortega Hwy, San Juan Capistrano, (949) 234-1300, http://missionsjc.com

Soka University concerts: New York Polyphony presents the 3rd Annual Aliso Viejo Holiday Show on Sun., Dec. 7, 7:00 p.m., Soka Performing Arts Center, 1 University Drive, Aliso Viejo, (949) 480-4278, http://www.performingarts.soka.edu

Drive-Thru Nativity and Community Food Drive at Mount of Olives Church, Fri.-Sat., Dec. 13-14, 6:00 p.m. to 10:00 p.m. SHARE Food Drive on Sun., Jan. 5, (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/

La Vida Drum Circle, Tues., Dec. 17, 7:00 – 10:00 p.m., group meets on the evening of every full moon (Dec. 17, Jan. 16, Feb. 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., Dec. 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

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

Political and Government Events Calendar

SOC912, Mon., Dec. 2, 7:00 p.m., “Let’s Celebrate America! One Nation Under God!” Norm Murray Community Center, 24932 Veterans Way, Mission Viejo. http://www.meetup.com/SOC912/events/151648262/

Holiday Open House hosted by State Senator Mark Wyland, Wed., Dec. 4, 2:00 p.m. to 5:00 p.m., supporting his food drive for Serra’s Pantry. Needed items include canned items (tuna, chicken, vegetables and fruit) or dry pasta, Guests are invited to enjoy conversation and refreshments, 27126A Paseo Espada, #1621, San Juan Capistrano. Please RSVP to (949) 489-9838. (Paid for with private funds, not tax dollars,)

Santa Margarita Water District meetings: Engineering Committee on Fri., Dec. 6, 7:30 a.m.; Finance Committee on Fri., Dec. 13, 7:30 a.m.; Board of Directors on Wed., Dec. 18, at 7:00 p.m., 26111 Antonio Parkway, Rancho Santa Margarita, (949) 459-6420, http://www.smwd.com

Nixon Library concert on Sun., Dec. 8, Green-Orozco Family Christmas Concert. Doors open at 1:30 pm, and the music begins at 2:00 pm unless otherwise noted. “Trains, Trees & Traditions” Special Exhibit with model trains, railroad scenes and Christmas trees runs through Jan. 5, Nixon Library, 18001 Yorba Linda Blvd., Yorba Linda, (714) 364-1120, http://nixonfoundation.org

Mission Viejo Chapter of ACT! for America will hold a General Meeting on Mon., Dec. 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. Note the change of date to the first Monday of the month for this meeting.

Orange County Board of Supervisors will hold a regular meeting on Tues., Dec. 10, 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 Annual Organizational Meeting will be on Tues., Dec. 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., Dec. 11, 9:00 a.m.; Engineering and Operations on Mon., Dec. 16, 9:00 a.m. to 11:00 a.m.; Finance and Information Technology on Wed., Dec. 18, 9:00 a.m. to 11:00 a.m.; Board of Directors on Thurs., Dec. 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., Dec. 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 Unified School District Board of Trustees will meet on Wed., Dec. 11, 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/

Capistrano Valley Republican Women Federated, Wed., Jan. 15, 11:30 a.m., at the Marbella Country Club, 30800 Golf Club Drive, San Juan Capistrano. This month, the organization is hosting its annual luncheon. CVRWF meets on third Wednesdays of most months. Call (949) 240-6799 for reservations, http://cvrwf.org

Saddleback Republican Assembly does not meet in December. Next meeting is on Thurs., Jan. 16, 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.

The Buzz

A message from Councilwoman Cathy Schlicht, “Reminder – this is property tax time. The first installment for your 2013-2014 property tax bill was due on November 1. However, you can still pay without any penalty until Tuesday, December 10, by 5:00 p.m. After December 10, your account will be delinquent and include a 10-percent penalty. For more information about your property tax bill, including making an online payment, visit the Orange County Treasurer-Tax Collector’s website: http://tax.ocgov.com/tcweb/search_page.asp .”

              ***

Breaking news: $10-million medical problem miraculously cured in four days. That’s the amount of time it took Assemblyman Diane Harkey to drop her $10-million lawsuit against political opponent State Senator Mark Wyland. She claimed Wyland had caused her health problems by talking about her developer husband’s financial troubles. Wyland’s remarks about the Harkeys reflected the information that had been published in newspapers. In response to Harkey’s suit, Wyland sued her for the attorney fees he incurred from her lawsuit. Harkey responded by withdrawing her suit. Her political consultant said the entire matter would be “handled in the court of public opinion.” Everyone should instead marvel at Harkey’s quick medical recovery. The public can opine by voting in the June Primary with Harkey and Wyland running for the same seat on the state Board of Equalization.
http://blogs.sacbee.com/capitolalertlatest/2013/11/diane-harkey-drops-lawsuit-against-mark-wyland.html

              ***

When the Mission Viejo city staff was challenged during a council meeting on how much they’ve spent on the Farmer’s Market, Councilwoman Trish Kelley “did the math.” According to the staff’s statement two years ago, they would spend no more than $10,000. City watchdogs say the costs exceeded the limit many times over. When city employee Keith Rattay said during a council meeting the city spent only $21,668.50 as a grand total for two years of operation, Trish attempted to help him by saying, “That’s only $400 a month.”

              ***

Councilwoman Kelley has been the city’s representative on the Orange County Fire Authority for at least 10 years. In exchange for “helping” OCFA with sage advice, she helped herself by arranging for one of her sons to get a position as a firefighter. He somehow jumped over a long waiting list and entered the program when there were no openings. Likely because of Trish’s extraordinary math skills, they appointed her as chairperson of their budget committee. She gets to approve such things as how much firefighters (e.g., her son) are paid.

              ***

A new issue of Community Common Sense will be released next week http://www.ccsense.com  Founded in San Juan Capistrano in 2009, the community newspaper expanded into Mission Viejo in August. With the OC Register’s withdrawal from covering local news, CCS filled the void. In SJC, it was so successful at uncovering corruption in city hall that the council majority and/or city manager banned it from two public areas.

              ***

Opposition to toll lanes on the 405 has been overwhelming to the point that toll-supporters are seeking cover. Politicians advocating for toll lanes – including MV Councilman Frank Ury – publicly backed off last week. Ury is running for OC Board of Supervisors in the June 2014 Primary Election – voters beware.

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