Single Page Text Only - 12/07/13

Agenda Item Cover-up

On the Dec. 2 council agenda, Item No. 16 was a claim against the city. Contrary to the general practice of providing names and details, Item 16 was marked “confidential.” While the matter may have been embarrassing for a councilman, it is not of a confidential nature.

The claim was filed on Sept. 6 by Dan Barba-Parkinson, who identifies the city employee causing the damage or injury as Councilman Dave Leckness.

The following information appeared on the form. Barba-Parkinson’s answers are in quotation marks.

Occurrence of event from which the claim arises: Date: “April 2010 to June 2013.”

Time: “All days”

Place (exact and specific location): “28570 Marguerite Pkwy, Mission Viejo, CA”

How and under what circumstances did damage or injury occur? “Around 10/2012 was called by Dave Leckness. ‘Do not dress like this Fred Flintstone’ and continually harassed to hurry and get done w/assigned task.”

What particular action by the city or its employees caused the alleged damage or injury? “Dave Leckness, former mayor and current city councilman, harasses and yells at employees while working at Kwik Kopy and for the city of Mission Viejo, yes he does city work every day. Yes, infrequent printing done for his campaign.”

Give a description of the injury, property damage or loss, so far as is known at the time of this claim. If there were no injuries, state no injuries. “Loss of wages and job from lack of minimum hours (4) a day, no safety or regulations appear even after asking. No medical clinic provided for.”

Give the names(s) of the city employee(s) causing the damage or injury: “David Leckness – mayor, city of M.V. David Leckness, current city councilman.”

Names and addresses of any other person(s) injured: “All employees are yelled at and harassed, including former employees. Chuck, Jason, Guilberto, Chad, John, Lelania, Fred, Mike, Louis, Gary.”

Name and address of the owner of any damaged property: “None”

Damages claimed
(a) Amount claimed as of this date: “Annual salary $37,440”
(b) Estimated amount of future costs: (blank)
(c) Total amount claimed: “$37,440 + holidays and back pay”
(d) Basis for computation of amounts claimed (include copies of all bills, invoices, estimates, photographs, etc.) “Loss of job and wages past and present.”

Names and addresses of all witnesses, hospitals, doctors, etc. “Kwik Kopy employees current and past. See previous list.”

Additional information that might be helpful in considering claim: “Unsafe workplace, also machinery AB Dick presses turn on from a short infrequency and just turns off, safety guards missing or broken to the point of danger, non-compliant chemicals used to work with. I have tried by all means.”

“Dave has also refused since June 14, 2013, to furnish me with my time card records, also failed to notify the EDD that my wages were $21,000 rather than the $7,000 he reported my W-2 fixed that.”

Letter to the Editor

Subject: Lack of ethics displayed by a Community Service Commissioner

At the Dec. 2, 2013, Mission Viejo City Council meeting, the mayor attempted to prevent citizens from making Public Comments about Agenda Item No. 24, the Community Service Funding program. As the mayor started to go to the next Agenda Item, I objected from the audience, and the city attorney advised the council as to actions on my request.

The issue to put it succinctly was that one of the Community Service Commissioners [Wendy Bucknum] had not recused herself from a vote on Item 24, where she has/had an involvement. 

Once permitted to speak, I pointed out that this action by said Commissioner was totally unacceptable, and that the Chairman of that Commission (himself a lawyer) [Bob Breton] provided cover for that commissioner.

After I detailed this Commissioner’s unacceptable actions, this very same Commissioner attempted (before the city council) to rationalize her action. Her explanation was lame at best!

Both the Chairman and the Commissioner should be censured for their actions. The city provides ethics training for all Commissioners before they join a commission. When you read the Ethics training modules, it becomes very obvious that the training, comprehension, and compliance as noted in the Ethics training material did not penetrate some participants.

Once again, I am calling for a censure action of this Commissioner.

Joe Holtzman
Mission Viejo

Letter to the Mayor

Subject: Your misinformed comments/direction at Monday’s council meeting

Council Member Reardon:

After the discussion I had with you Monday night, I think it is imperative that YOU refresh yourself on AB 1234.  The noted Commissioner [Wendy Bucknum], and the Commission Chair [Bob Breton] erred in their conduct.

“On October 7, 2005, the governor signed Assembly Bill No. 1234 into law. Effective January 1, 2006, AB 1234 requires (among other things) that local officials who receive compensation, salary, stipends, or expense reimbursements must receive training in public service ethics laws and principles by December 31, 2006. The requirement applies not only to the governing body of a local agency but also to commissions, committees, boards, or other local agency bodies, whether permanent or temporary, decision-making or advisory. Training must be renewed every two years.

Information and resources have been established by the Office of the Attorney General. On-line training is supplied by the Attorney General and the Fair Political Practices Commission (FPPC).”

As explained in the online course provided by the FPPC, ethics law falls into four categories, each of which relate to certain ethical principles:

  • Personal financial gain.
  • Personal advantages and perks.
  • Governmental transparency.
  • Fair processes.

The objectives of the FPPC course are:

  • To familiarize you with laws that governs your service.
  • To help you recognize when to ask questions of your agency counsel.
  • To encourage you to think beyond legal restrictions and provide tools for doing so.
  • To help you comply with the state mandatory ethics education requirements.

Among the best practices recommended by the FPPC are:

  • Make all decisions with only the public’s interests in mind.
  • Before you make a decision, carefully consider whether you have a benefit or personal interest in the matter under consideration.
  • Consider very carefully whether receiving a particular benefit is worth the risk that someone will try to correlate it with your actions as a decision-maker.
  • Assume all information is public or will become public.
  • Don’t discuss agency business with fellow board members outside meetings.
  • Be aware of the kinds of economic interests that can trigger a need to step aside from being involved in a decision.
  • Talk with your agency counsel early on to enable him or her to perform the complex analysis required to help you determine whether you will need to step aside from participating in a decision.
  • Avoid the temptation to look at public service as an opportunity for financial gain.
  • Look at every decision and ask yourself whether it involves a financial interest for you.
  • Comply with legal reporting requirements on your Statement of Economic Interests (threshold: anything $50 or more from a single source over a calendar year).
  • Avoid exceeding the annual gift limit of $360.
  • Know when you need to disqualify yourself in matters involving a person who has given you $360 in gifts over the preceding 12 months.
  • Know what kinds of gifts are prohibited, not just limited.
  • Ask the value of all gifts so you can track and properly report them.
  • Avoid perks and the temptation to rationalize about them.
  • Be guided by principles of fairness and merit-based decision-making in contracting decisions.

Some examples. What does it mean for a public official to be “trustworthy” as a public official? Here are some thoughts:

Remember that your role is first and foremost to serve the community.

Be truthful with fellow elected officials, the public and others-even when it involves speaking hard or unwelcome truths.

Avoid any action that would cause the public to question whether your decisions are based on personal interests instead of the public’s interests.

Do not accept gifts or other special considerations.

Do not use your position for personal gain.

Another example. The law also protects the public’s trust in the decision-making process by making public officials step aside from the decision-making process if a decision would have a monetary impact on any for-profit business where the public official is employed or holds a management position.

Avoid the temptation to look at public service as an opportunity for financial gain. Look at every decision and ask yourself whether it involves a financial interest for you. Imagine how the relationship of your financial interests and your decision as a public official could be portrayed by detractors or the media. Would it diminish public trust that your actions are motivated solely by the public’s interests?

Another nugget. The open meeting laws also allow the public to criticize elected or appointed officials as well as staff concerning the performance of their official duties.

“Remember the law is a floor, not a ceiling, for public service ethics.”

I encourage every candidate, activist or citizen to take the “free” online training. There are many more nuggets in the class that I shall not share in this post.

Joe Holtzman
Mission Viejo

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.

Soka University concert, South Coast Symphony with Susan Egan on Fri., Dec. 13, 8:00 p.m., “An Old Fashioned English Wassail” with holiday classics, 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/

Dana Point Harbor Boat Parade, Fri.-Sat., Dec. 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

Mariachis at the Mission, Sat., Dec. 14, 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

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

“Miracle on 34th Street” at Camino Real Playhouse, Fridays, Saturdays and Sundays through Dec. 22. Doors open at 6:30 p.m. for dinner by Sarducci’s; evening shows at 8:00 p.m. and matinees at 2:00 p.m., 31776 El Camino Real, San Juan Capistrano, (949) 489-8082, http://caminorealplayhouse.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

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.

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/

Santa Margarita Water District meetings: 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. 15, Kid Singers Christmas Concert in the East Room. 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/

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

ACT! for America will meet on Mon., Dec. 9, at the Norm Murray Community Center, 24932 Veterans Way, Mission Viejo. Doors open at 7:00 p.m., and the meeting runs from 7:30 p.m. to 9:30 p.m. Dr. Michael Widlanski, a political communications expert, will be the featured speaker. The program title is “America and Israel – Fighting Terror: an Israeli Expert on Islamic Terrorism Reveals What Our Two Countries Can Learn from Each Other.” Sign up for ACT! for America chapter announcements at www.act4oc.org

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To read the latest edition of Community Common Sense, go to http://www.ccsense.com/. The newspaper is being distributed to 20,000 homes in Mission Viejo, and city hall can’t stand it. CCS is the only newspaper covering Mission Viejo that doesn’t rely on press releases and other drivel written by city employees. Just when City Manager Dennis Wilberg thought he had quashed any real city news, the San Juan Capistrano paper (formerly Capistrano Common Sense) expanded into Mission Viejo.

              ***

Wilberg was so annoyed with CCS coming into “his” city that he wrote a libelous email criticizing Larry Gilbert, who writes for CCS http://www.missionviejoca.org/html/article194.html . When Wilberg sent his email to San Juan Capistrano’s city manager, it was discovered by SJC watchdogs. While Larry already had a copy, he made a public records request to get Wilberg’s email directly from MV city hall. The first response was that no such document was on file. When Larry pursued the matter, Wilberg changed his story, saying the email had been deleted. Anyone familiar with daily computer backups would know that such documents are still available, regardless of “deleting” an email. CCS readers are informed, despite Wilberg’s ignoring legal requirements of the California Public Records Act.

              ***

Residents who watched the Dec. 2 Mission Viejo council meeting said it was the worst in a long time. A watchdog sent the following message about the meeting: “As a report on the Dec. 2 MV council meeting, Councilwoman Cathy Schlicht tried to bring back an item from the last meeting in which the council approved $75,000 in grants to organizations, as recommended by the Community Services Commission. One organization receiving a grant was a program for teens, which includes abortion counseling. Another organization received funding to give cell phones to homeless people. (Didn't Obama or Jerry Brown already do that?) No one on the council would second Cathy's motion. At the council meeting two weeks ago, Cathy tried to discuss the grants and ask questions, but the other council members iced her. As Cathy's other item, she tried to get the council to pass a resolution in opposition to toll lanes on the 405. Again, no one would second her motion. When it was clear the others wouldn't support the specifics of her resolution, she asked if they would at least pass a resolution to oppose toll lanes on the 405 -- which they would not do.”

              ***

Instead of the city government giving tax money to specific charities (as it did during the Dec. 2 council meeting), citizens should decide which charity to support and donate directly. Here are examples:

Salvation Army of Orange County, http://www.salvationarmyoc.org/

Orange County Rescue Mission, http://www.rescuemission.org/

Goodwill of Orange County, http://www.ocgoodwill.org/

Marines at Camp Pendleton, http://www.asymca.org/camp-pendleton-ca/

Modjeska Ranch Animal Rescue, http://www.modjeskaranchrescue.org/

              ***

Refinancing the 241 toll road will add $1.8 billion to drivers’ cost and extend the number of years it will remain a toll road http://www.ocregister.com/articles/toll-540566-road-refinancing.html . The OC Register article states, “That deal is meant to ease the financial pressure on the toll road, which has fallen far short of the revenue and ridership projections on which it was built. Analysts have said the road risks default if it fails to refinance billions of dollars of debt. … “This refinancing is a significant break of a promise,” said county Supervisor Todd Spitzer, who serves on the toll road’s board of directors and voted against the plan. He predicted that financial advisers will “make a killing” on the deal and added: “Everybody in this deal makes money while the toll-road users are going to be the ones paying for another 13 years.”

              ***

Capistrano Unified School District Board of Trustees will meet on Wed., Dec. 11, 7:00 p.m., at the district office, 33122 Valle Road, San Juan Capistrano. On the agenda will be a discussion of ending the Mello-Roos district (Community Facilities District 87-1) that has overtaxed portions of Mission Viejo for many years. Residents are encouraged to attend the meeting. Also on the agenda (from the website):

Notice Of Regular Meeting Of The Capistrano Unified School District Regarding A Resolution Approving Its Annual And Five-Year Reportable Fees Report For Fiscal Year 2012-2013, In Compliance With Government Code Sections 66006 And 66001

Notice of Public Hearing: 12/11/13 - Pupil-To-Teacher Waiver Request for Capistrano Connections Academy Charter School, Fiscal Year 2014-2015

Notice of Public Hearing: 12/11/13 - Pupil-To-Teacher Waiver Request for California Preparatory Academy, Fiscal Year 2014-2015

Notice of Public hearing: 12/11/13 - Pupil-To-Teacher Waiver Request for Capistrano Virtual and Home School, Fiscal Year 2014-2015

2013-2014 Testing Information

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