Single Page Text Only - 12/21/13

Free Speech Prevails

Last week, the City of San Juan Capistrano lost its court battle against a newspaper, Community Common Sense. SJC council majority members didn’t like being criticized by CCS, so they banned the paper from public property. A judge says they can’t do that. A press release from CCS and an update from its editor reveal the sequence of missteps by the council majority.

Press Release

City Rejects Publication’s First Amendment Rights 

December 18, 2013, San Juan Capistrano, CA - In another assault on First Amendment protection of free speech in San Juan Capistrano, City Council members Sam Allevato, Larry Kramer and John Taylor voted yesterday to reject provisions of a deal that would have protected a local newspaper’s right to distribute their publication on city property.

The on-going dispute landed the city in OC Superior Court last week in an attempt to defend the city’s recently enacted ban of newspapers and publications from city property, including in front of City Hall and the Community Center.

Just four days after the Community Common Sense (“CCS”), a community newspaper often critical of the council majority, placed its news rack alongside others that had been located on city property for many years, the reaction from the council majority was swift. They voted behind closed doors to ban news racks from City Hall and the Community Center, and went a step further in banning CCS from all city property. The CCS received a follow up letter from SJC City Attorney Hans Van Ligten, stating in part;

“To be clear... CCS does not have the right to deposit newspapers, materials, or any type of publication at City Hall or on any other City property...[and if ] it continues to do so, will be subject to citation and criminal prosecution as appropriate.”

The City Attorney reiterated the threat at the end of the letter, including possible intervention by Sheriffs department personnel;

“To be clear... the City's position is that deposit of newspapers, newsletters, or any printed material by CCS at City Hall or on other City property is prohibited and will subject the [CCS] with the possibility of a citation, and/or criminal complaint for a violation of, amongst other things, the San Juan Capistrano Municipal Code.... There is no misunderstanding on the part of Sheriffs personnel and City employees. The understanding is that such conduct is illegal and will subject CCS and its members to legal repercussions.”

In an attempt to protect newspapers’ right to free speech on public property, the CCS took the matter to court. Laguna Hills attorney Wayne Tate applied for a Temporary Restraining Order in Orange County Superior Court on behalf of CCS to force the city to temporarily restore news racks and publications to city property until the case can be decided on a more permanent basis.

Shortly after the hearing began however, the city’s attorneys appeared to capitulate by offering to negotiate a settlement agreement. The CCS agreed, and offered three different proposals to the city, which included the following terms;

1. The City will restore news racks to city property pending the outcome of the permanent injunctive relief.

2. The City will agree to refrain from using an "anti-littering" ordinance against the CCS to prevent it from placing its news racks on city property, and

3. The City will agree to rescind the letter from City Attorney Hans Van Ligten in which he states that CCS is prohibited from placing its papers on any city property and threatens the CCS with, among other things, criminal prosecution if they do so.

The city council majority led by Mayor Sam Allevato, agreed only to “temporarily restore news racks to City Hall and the Community Center”, but refused to agree to refrain from using the anti-littering ordinance against the CCS’ placement of its news racks on city property, and refused to rescind the city attorney’s letter banning the CCS from “depositing materials of any kind on any other city property”, under threat of criminal prosecution.

Without the city agreeing to all three terms, CCS Editor Kim Lefner stated her belief that the city can and based on past behavior, quite likely would prohibit dissemination of the CCS on city property. “Their actions have repeatedly matched their words as articulated in the city attorney’s letter, so it would be foolish for us to trust that they will behave in an honorable manner without an enforceable agreement in place,” said Lefner.

CCS attorney Wayne Tate stated, “The CCS made a reasonable offer to the city. It’s unfortunate that the city elects to take this to court rather than to settle it in a fair and equitable manner.”

The matter goes back to court on Thursday, December 19.

To view the City Attorney’s letter and a copy of the Application for Temporary Restraining Order with all Declarations and Exhibits, click this link:  http://tinyurl.com/krnnrk8

As an update, the CCS editor issued a summary on December 20:

Hi friends & supporters of CCS -

In a win for the First Amendment and the residents of San Juan, Judge James DiCesare ordered newspapers back on city property yesterday [Dec. 19].

In response to the city council majority's ban of CCS (and by extension, other newspapers from city property), Judge DiCesare didn't mince words. He stated, "The people have the right to read and access newspapers on public property." 

During the first hearing last week, the city asked the judge if they could negotiate an agreement with us about where to place the news racks, rather than having the judge issue a Temporary Restraining Order. The judge agreed, and we met with the city attorney at City Hall and the Community Center this week to determine acceptable locations. The city wanted the news racks relocated a mere two feet from the original location at the Community Center, and on the other side of the door at City Hall. 

But the city council majority of Sam Allevato, Larry Kramer and John Taylor rejected CCS' proposal, which included the city rescinding their written threat to prosecute us criminally if we placed our papers "on any city property, and refraining from enforcing an anti-littering ordinance against us as they had also threatened in writing. The city said "NO" to both those terms which we believed telegraphed their true intentions. 

So we ended up back in court yesterday, where the judge ordered the city to restore the news racks to public property.

In an additional win for the residents, we are now allowed to also place ten copies of the CCS in the Seniors' Center, where city staff hostile to CCS have repeatedly thrown away our paper.

This order is only temporary - we go back to court February 27 at 1:30pm to request a more permanent injunction.

Our attorney Wayne Tate did an excellent job - he went above and beyond. Please feel free to send him a note of thanks for representing all of us. His email address is: WayneTate@OTBTlaw.com

Score one for the Residents and the First Amendment!

Kim

Political Hack Loses Post

Orange County political writer and paid hack Matt Cunningham resigned from the OC Parks Commission last week. His action followed public outrage over his mocking Latinos’ mourning traditions. Specifically, he targeted victims of police shootings. Prior to the resignation, OC Supervisor Todd Spitzer threatened to remove Cunningham as his appointee to the commission.

Perhaps Spitzer wished to distance himself, explaining that he had “inherited” Cunningham as an appointee.

Even the OC Register awoke and published articles for two consecutive days, referring to Cunningham as a “GOP consultant.” According to Mission Viejo watchdogs, Cunningham is a hired gun who operates in the same political circle as Mission Viejo Councilman Frank Ury.

As part of the fallout, Cunningham also lost two Orange County Transportation Authority contracts.

The Voice of OC posted an article with reader comments, http://www.voiceofoc.org/oc_north/article_1f3528b4-69df-11e3-ae80-0019bb2963f4.html

No one has done a better job of calling Cunningham out than Art Pedrosa, the proprietor of OCPoliticsBlog.com. Art calls for reform following the revelations about Cunningham: http://ocpoliticsblog.com/sup-nelson-targets-bloggers-gov-consulting-contracts-brings-into-light-need-for-reform/

Cunningham has lost face, but his services are invaluable to corrupt politicians. Readers should expect no more than a short break before he resurfaces.

As additional information, Art Pedrosa connects the dots between Cunningham and the OC power club: http://ocpoliticsblog.com/the-latest-cunningham-fiaco-started-with-his-master-pringle-way-back-in-1988/

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.

Sunday Brunch at O’Neill’s Bar and Grill, Sun., Dec. 29, 10:00 a.m. – 2:00 p.m., live jazz, R&B, soul and vocals. Enjoy made-to-order omelets, pastries, seafood, salad bar, hot entrees, desserts, etc., Arroyo Trabuco Golf Course, 26772 Avery Parkway, Mission Viejo, (949) 305-5100, http://www.arroyotrabuco.com/calendar.aspx

“A Christmas Memory” at The Laguna Playhouse through Dec. 29, new holiday musical based on a story by Truman Capote. Suitable for families; 606 Laguna Canyon Road, Laguna Beach, (949) 497-2787, ext. 1, http://lagunaplayhouse.com

Mount of Olives Church 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/

Soka University events, The Peking Acrobats on Fri., Jan. 10, 8:00 p.m.; The Diamonds and Billy Richards’ Coasters on Sun., Jan. 12, 3:00 p.m., Soka Performing Arts Center, 1 University Drive, Aliso Viejo, (949) 480-4278, http://www.performingarts.soka.edu

Mariachis at the Mission, Sat., Jan. 11, 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

Laguna Playhouse Winter 2014 Youth Theater, Jan. 14 – Mar. 18, Tuesdays, 4:00 p.m. – 6:00 p.m., Acting Fundamentals classes for children, ages 9 – 11; Musical Theatre for age 10 and older on Fridays, Jan. 17 – Mar. 28, (949) 497-2787, ext. 230, http://www.lagunaplayhouse.com/education/workshops/

La Vida Drum Circle, Thurs., Jan. 16, 7:00 – 10:00 p.m., group meets on the evening of every full moon (Jan. 16, 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., Jan. 18, 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

Nixon Library concert on Sun., Dec. 29, Music of the Magi. 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/

OC Veterans Advisory Council, Wed., Jan. 8, 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., Jan. 8, 7:00 p.m., and a special meeting is scheduled for Wed., Jan. 15. 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/

Mission Viejo Chapter of ACT! for America will hold a General Meeting on Mon., Jan. 13. 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.

Moulton Niguel Water District meetings: Engineering and Operations on Mon., Jan. 13, 9:00 a.m. to 11:00 a.m.; Finance and Information Technology on Wed., Jan. 15, 9:00 a.m. to 11:00 a.m.; Board of Directors on Thurs., Jan. 16, 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/

Santa Margarita Water District website has not been updated for January meetings, 26111 Antonio Parkway, Rancho Santa Margarita, (949) 459-6420, http://www.smwd.com

Orange County Board of Supervisors will hold a regular meeting on Tues., Jan. 14, 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 regular meeting of the board on Tues., Jan. 14, 6:30 p.m.; 25631 Peter Hartman Way, Mission Viejo, (949) 586-1234, http://www.svusd.k12.ca.us/

Capistrano Valley Republican Women Federated, Wed., Jan. 15, 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., 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

The Mission Viejo Chapter of ACT! for America will hold a General Meeting on Mon., Jan. 13. 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. On the program, author John Steinreich’s topic will be “Persecution of Non-Muslims in Islamic Countries: What It Means to Americans.” Steinreich is an expert on Islam vs. Christianity.

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Assemblywoman Diane Harkey threw a party on Dec. 17 at Norm Reeves Acura in Mission Viejo. Coverage in the Dec. 18 OC Register included a photo of protesters who stood outside the event and held signs. A summary from one of the protesters was forwarded to this blog. He said he had requested the newspaper coverage because a member of his family lost money in Dan Harkey’s real estate deals. He said he wanted to call attention to why Diane Harkey should not run for another political office. To Diane’s allegation in OCR that the protesters were supporters of her political opponent Mark Wyland, the protester indicated it was false. He said, “I have never met Mark Wyland nor have I talked with him. I called the Register reporter on my own.”

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Mission Viejo City Manager Dennis Wilberg has said he might leave his job by the end of 2014. Residents who watch the council meetings notice Wilberg is generally silent. If asked a question, he either says he doesn’t have an answer or he defers to a staff member. For being in charge of city hall, he gives the impression he doesn’t know what’s going on. As another explanation, his responses have gotten him in so much trouble he has become a man of few words.

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Article from ocpolitical.com: “Mission Viejo’s Public Records Retention Policy, Or Lack Thereof, Needs Review,” posted by Greg Woodard on December 17, 2013: The Public Records Act, along with the Brown Act, are the two most important state statutes that are supposed to provide open and transparent government from local city councils, boards, and other agencies.  Mission Viejo needs to review its document retention policy to determine whether it is being as transparent as possible. On October 24, 2013, Mission Viejo resident Larry Gilbert made a simple Public Records Act request for all communications between Dennis Wilberg, the Mission Viejo City Manager, and the city managers of Laguna Hills, Laguna Niguel, San Juan Capistrano and San Clemente regarding Gilbert and the Community Common Sense newspaper from August 1, 2013 to the date of the request.  Gilbert knew Wilberg had sent an email on September 12, 2013 to the San Juan Capistrano City Manager referencing Gilbert and Common Sense because he had received a copy of it from a friend.  However, even though Gilbert made the request just over 40 days after Wilberg sent the email, the City responded that it had no documents responsive to Gilbert’s request.  At the December 2, 2013 City Council meeting, when pressed by Gilbert about his request, Wilberg stated that he had deleted the email so it was no longer available for production. Continue reading at http://ocpolitical.com/2013/12/17/mission-viejos-public-records-retention-policy-or-lack-thereof-needs-review/

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Post from Larry Gilbert: While the White House continues to provide cover for their incompetent senior members, while Rep. Issa continues in his role of Oversight Committee leadership. The upside of all this is that unlike Benghazi, Fast and Furious, or monitoring members of the press, the Affordable Care Act reaches every American. While the vast majority is no longer paying attention to those key events, they are seeing their health coverage either disappear or find spikes in premiums with the possibility of losing their doctors. The health care topic has legs. This effort of socialism by POTUS should result in a major movement of the chairs in Congress next Nov. where every member of the House and one third of the Senate are facing re-election. His [Obama’s] legacy legislation should also be his downfall. http://townhall.com/tipsheet/katiepavlich/2013/12/12/issa-to-sebelius-on-obamacare-probe-this-is-criminal-obstruction-of-justice-n1761577

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From CNS News, 47 million Americans are on food stamps, and isn’t that great news? The White House says this is helping the economy. http://www.cnsnews.com/news/article/susan-jones/wh-food-stamps-are-boosting-economy#

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