At times you really need to wonder if city staff considers the consequences of “special interests” proposals. Case in point is upcoming Agenda Item #8 on the Mission Viejo City Council Agenda for the Oct 5th meeting.
Specifically I refer to a July 20th letter from Keith Rattay, Director of Public Works to City Manager Dennis Wilberg based on correspondence from a Board Member of the Mallorca Homeowners Association whose high end Townhomes overlook Lake Mission Viejo.
The above communication from Mr. Rattay was referring to a July 15th letter from Charles J. Rossi which reads in part that he is “writing to inquire whether the City of Mission Viejo has any interest in acquiring ownership of the Marguerite slope. The Mallorca Board of Directors feel that city ownership of the slope will not only benefit the association itself, but would also serve to greatly enhance the overall aesthetics of the property surrounding the lake and bring the slope up to conformity with the other City maintained slopes in our beautiful city. In essence, City ownership of the slope is a win/win proposition for all Mission Viejo citizens.”
Let me fast forward to the Sept 8th council meeting and a Public Comment by Joe Holtzman, a former Board Member of the Mission Viejo Environmental Association, MVEA, HOA. Mr. Holtzman testified as to his reading the Mallorca HOA Minutes for the past year and could not find one minute of discussion of any suggested transfer of land to the City. Joe states that this is a violation of the Mallorca HOA CC&R’s which requires a 2/3rds vote of approval from the members and possibly violates the David Sterling Act. A few speakers later was our former Mayor Robert Breton who acknowledged his serving as president of the Mallorca HOA for three years as he spoke in support of the proposed land transfer.
Let’s fast forward to the upcoming Oct 5th council meeting. Agenda Item # 8 includes a city estimate to rehabilitate the Mallorca slopes at $350,000 to $420,000. This does not include the city projection of $31,600 in annual maintenance costs.
Aside from the fact that every project in Mission Viejo comes in over budget is the bigger question of opening Pandora’s Box. As we live in another Mission Viejo Association, MVEA, with slopes facing Alicia Parkway, a major city median, perhaps the city will take over ownership of our slopes?
Are we considering taking over the Mallorca slopes when their Board has not discussed the Rossi suggestion with the property owners?
Are we setting a precedent to even consider this acquisition?
Are members of city staff and city council aware that a recall of the Mallorca Board of Directors is currently underway?
Is part of this recall action due to the Board bypassing their members on this issue?
Passing off Mallorca HOA negligence on the taxpayers of our city is not a win-win!
The more I learn about the city hall crew, the clearer it is that the staff is out of control and the council majority is out of touch with the residents. What a bunch of empire builders!
Have you ever noticed when people claim their proposal is a “win-win” situation, it rarely is? That phrase gets my attention immediately –I grab my wallet and run! Mission Viejo should do the same.
The city of Mission Viejo has stopped all upgrades to slopes due to a funding/revenue problem.
Now the Mallorca HOA wants to dump their $500,00 problem onto the city. This is just not acceptable. The estimated costs as noted by the city is well understated. Remember he Murray Center–that came in 300% over cost estimate. Remember the Lake Prominaide–that came in over 189% over cost estimate and a year late. Remember the two hole toilet in Malinda Park–that came in over $500,000.00 and was late to schedule.
The city has done a very marginal job of maintaining our slopes. The Mission Viejo Company planted the majority of our slopes 30-40 years ago and these slopes are showing their age. Do you have the same plants in your yard you planted 40 years ago–I doubt it. These slopes have to be maintained to assure their integrity from landslide.
I have pointed out to the council and each member of the council areas that need to be replanted–and revitalization. Let’s go through the examples again: Alicia from Margaruite to the I-5, Jeranimo from the city line with Lake Forest to its termination point at Olympiad, Mustang Run, most of Los Alisos, the east side of Margaruite Parkway from Santa Margarite Parkway to Avery, Trabuco from Alicia to its termination point near the YMCA?clock tower. There are dead plants, large areas of exposed dirt, overgrown and misshaped Acacia tree/bushes, weeds, mixed plants from various planting ideas, and homeowner attempt to cover neglected areas. This is hardly The California Promise !!!
Better yet have the Mallora homeowner considered what would happen to their privacy if the city took over that slope. Could it become a “Pocket” Dog Park ??? Could it become a nature trail with pick nik benches ?? Could it become another site for ridiculous ART work–like on the Oso Trail ??? Who knows ??
One thing is clear–the city should bring the slopes they presently own up to an acceptable standard, anda lso assure that the HOA’s properly maintain their own slopes.
Slopes are a geological liability, and the City has enough of those.
No, the homeowners were not consulted by Mr. Rossi about giving the property to Mission Viejo. An endeavor which would have been,if not impossible, at least very difficult to accomplish. The recall had nothing specifically to do with the fate of the slope but it is a perfect example of the lack of transparency of this board. An atmosphere of intrigues, nazi tactics and overspending has made a lot of homeowners angry enough to collect 70 signatures in favor of a recall. It is a very long odd to succeed in a recall, but we had to try. And I need to correct the information given that Mr Breton was President of the HOA for 3 years. God be praised, he only served his term of 2 years on the board, and did not try for another term, certain of the result.
I want to congratulate the journalist who observed and reported the little gesture “phone me” directed to the Mayor by Mr. Breton. Until the press took hold of the story, it was rumored in our complex as a “done deal”. But it was an assurance made by Mr. Breton, with a wink, eversince he came to reside in the Mallorca. Regretfully, and consequently no money was put aside for the slope. Boards after boards deferred the expense, waiting for the city to take over. Money requested by landscape committee was denied again and again.
Oh yes, Malllorca Board politics. As a Board member from the late 80/early 90 era, after leaving I had hoped for the best for the Mallorcas – it looks like you are doing well, even with the issues above. May Bill Shiek rest in peace – he was the hero that rescued the community from a crazed Board intent on bending rules for themselves and general abuse of power and resources… Bill sat by the mailboxes for days… probably 2 weeks, gathering proxies, he, myself and a wonderful woman, Nancy, (there were many wonderful people!) obtained more proxies than were assigned to the Board and we voted the bums out! The best drama was that we quickly unseated 4 of the 5 – as the votes were totaled.. the remaining seat was awarded to one of the prior board members, Mac, and it was announced that Mac would be seat #5 – until I protested that certain ballots not clearly marked were counted by the Board in his favor…. an hour later Mac was off and 5 new folks were on.
Sadly, Boards and communities across the country repeat this cycle endlessly. Its an unfortunate part of condominium associations. May I or my family and friends never have to live in an Association again.
Keith.
Thank you for that bit of history. While we take a lot of hits for our activism, without watchdogs we might end up regretting turning a deaf ear to reported abuses.