A few days ago I posted a story from the Mission Viejo Dispatch blog regarding the city of Mission Viejo filing a lawsuit against the Saddleback Valley Unified School District prior to a council vote of approval. Now its time for the rest of the story.
City Attorney’s RW&G sent a letter via facsimile and U.S. Mail to Mr. Steven L. Fish, Ed.D.,Superintendent, SVUSD which reads as follows:
“Re: Notice of Intent to Commence Action Challenging the Approval of the School Busing Reduction Program Project.
To the Honorable Board of Education of the Saddleback Valley Unified School District:
PLEASE TAKE NOTICE, under Public Resources Code Section 21167.5, that petitioner, City of Mission Viejo, intends to file a petition for writ of mandate against respondent, Saddleback Valley Unified School District, challenging its failure to comply with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq., in connection with the closure and reuse of O’Neill Elementary School. Specifically, the City contends that respondent engaged in impermissible piecemealing of the project to avoid full consideration of the project’s potential adverse impacts, and improperly relied upon an inapplicable categorical exemption to avoid full review of the project.
Richards, Watson & Gershon
A Professional Corporation”
Now let’s pick this letter apart:
1.The opening reference addresses “school busing reduction” yet the body of the letter relates to a “proposed school closure. ”
2. The September 8th letter to Dr. Fish reads “Notice of Intent to Commence Action.” According to backup documentation the RW&G time stamp indicates the letter being faxed at 13:59 or basically 2 p.m. three hours prior to the Mission Viejo City Council meeting Closed Session where the vote on this issue was taken.
3. The Writ of Mandate was Filed with the court prior to 5 p.m. on the same date. That being said is this any way to open dialogue when you are being deceptive and had already taken action against the local school district?
Integrity is one of the 12 monthly community of character words in Mission Viejo. Sadly, our city has failed to adhere to that quality.
Question. Will the self proclaimed city of Mission Viejo blog address this issue? Don’t hold your breath.
Larry, how can the City of MV have a “blog?” A blog by it’s very nature is a free for all. The City would necessarily have to edit and censor politcal speech all the time. And who determines the content of the blog? A council majority? Does a minorty get a voice? Does staff run it as a propaganda machine?
There are so many practical and legal difficulties in this enterprise I just don’t see how it could work.
Larry:
Since the city administration has declared: The ONLY Official and Accurate News Blog of the City of Mission Viejo”
So it must be that the City Attorney–or as some of call him “The Village Idiot” is also by self declaration “Accurate and Ethical”
David, I was looking at the official MV blog’s policy the other day. It calls itself a “designated public forum”, which means the city can’t censor the comments based on content unless they break rules that are clearly posted.
The comments on the MV city blog are fairly lame, but if my city (Fullerton) started a blog like this, it would quickly be overrun with comments that the city staff would not appreciate. They would either have to let these comments through or delete them and suffer an immediate lawsuit on 1st Amendment grounds.
The municipal blog is an interesting idea, but this one obviously avoids sensitive issues, rendering it as nothing more than a trendy replacement for the conventional web page full of press releases.
So, the city says the school district engaged in “impermissible piecemealing” of the project. How does this complaint compare with the city manager’s longtime practice of piecemealing projects to hide costs, avoid council votes and prevent public discussion?
On MissionViejoDispatch.com, which broke the news about problems with the lawsuit, readers are posting comments, and some of them seem confused. Do they think the lawsuit will result in reopening O’Neill as an elementary school? If so, WHO TOLD THEM THAT? O’Neill parents and supporters have been politically bamboozled, and some of them are now supporting the city officials who tricked them.
The city attorney and others violated the public trust by filing suit prior to the council’s approval. Good job, Larry, for shining the light on these weasels.
Shining the light on which weasels? If this is Orange County’s Top Political Blog I want to know what it is on top of? If I read more of this one sided nonsense I am going to skip my laptop across Irvine Lake! The city council had their Lawyers give notice of intent probably required under local court rules. Filing the writ has no impact until it is filed and served on the Respondent, which is the SVUSD who are the weasels that need to be exposed. When all efforts at appropriate resolution of the school closure issue were exhausted due to tireless obfuscation and posturing, as well as a phony revote on the issue after SVUSD itself voted to save O’Neill; a competent citizen grouppresented alternatives that were blocked or ignored. You all can criticize the city councils actions on something else because to get in the way of the SVUSD’s slaughter of Mission Viejo’s schools is EXACTLY what I want the city to do. If it takes legal action to protect my rights against a runaway school board I am happy the council has moved. When elected officials like the SVUSD Board and the superintendent who serves them are as unresponsive to the community and as dishonest as they have been, its time to not only remove them, but to perhaps use the sovereign powers of the city to establish the appropriate agency to manage something as important as Public Education within the city of MV. O’Neill supporters haven’t been bamboozled by the council, they have ben positively robbed by SVUSD. Sadly, until the perpetrators are stopped, these “public servants” will continue the serial abuses until there is little left of the once great school system within Mission Viejo. The council haters need to focus their vitriol on something far more “Fishy” going.
Sounds like Bobby forgot his meds today.
Email from a MV resident:
Larry,
If someone submits a question to their blog, won’t they reply? I mean can’t they get cornered on issues just like other blogs or do you think they will refuse to ‘run’ heated questions.
Folks. Let me clarify the MV city blog.
It is NOT a blog. It’s an extension of the city newsletter pretending to be blog as blog’s are fashionable and gaining respect around the world.
The irony is that current mayor Frank Ury himself once had a blog. From Feb to Oct 2006 three MV watchdogs, Cathy Joe and myself,actively posted stories on it until he started playing games which resulted in each of us pulling down our posts. His blog, “Frank Ury’s Mission Viejo blog,” is basically dead.
How he can sit there and stay silent as the city announces this ” news product” is rather humorous.
No citizen can submit stories or add comments to this “wanna b” blog.
Bobby, Bobby, Bobby.
While I am not happy to learn of school closures in our city there are two issues in play. For starters the city government and the school district are two seperate government bodies, neither of which has power over the other.
The issue of my post is not a potential Brown Act violation as I have not researched that aspect of the original story. However, if the city wanted to beat a filing deadline than the correct action to have taken was to call for a Special Meeting of the city council at which this single item would have been discussed in Closed and Open Session PRIOR to any filing regardless of how insignificant you try to make the case supporting the city attorney cutting corners. Special Council Meetings have been called in the 20 years of our city’s existance.
I guess you had no issue with Congress passage of stimulus bills without elected officials reading the text. The Writ WAS entered in court PRIOR to the council seeing, debating and voting on the document. That my neighbor, is simply unacceptable.
I think this article is so one sided that it is hard to read. It is obvious that the city has tried on numerous occasions to communicate with SVUSD. While the city and the school district are two seperate entities, the city is effected when schools are closed and facilites change usage. There are procedures to be followed when closing schools and SVUSD continues to act as if they are above the law. Thank you city counci members for looking out for the people of our city. We can no longer allow the school district to pick apart our city. The district continues to ignore its parents and the city council. I’m not going to read these articles unless they are written with more of a balance. Where is the article titled “SVUSD-Something smells FISHY!” Let’s find all of the documents that show the numerous violations commited by the school district and print them!
I subscribe to the MV Newletter. It is not a blog and is not claiming to be a blog. In fact, at the top it, it is call a newletter. Why are people confused? It is a nice way for residents to keep abreast of the happenings in the city. It is a nice thing. Some people will complain about anything!
MV Resident. Send me your email address and I will forward the city document emailed to me calling itself the only factual blog in town. And as you like puff pieces that only report our placing kiosks on a trail or flowery stories about our Rose Parade float than continue reading it while our revenue continues to decline. Have you any clue as to the decline in our sales taxes?
MV Resident. Almost forgot. While I support keeping all of our schools open, so long as the enrollment supports that decision, the big issue for me is the city attorney filing a lawsuit prior to obtaining council approval.
Are you willing to accept that action or are you so blinded by the pending closure that you could care less about proper procedure?
Perhaps we should simply get rid of the entire city council if their votes and comments are irrelevant.
This is a perfect example of the “dumbing down” of Orange County…ridiculous back and forth banter when everyone should take the time to get the facts. SVUSD had a plan and no one was going to get in their way. They still intend on closing more MV schools without following due process, or their own “rules” for the constituents that blindly voted them into office. Take the time to go to the meetings and you will find out more than you ever wanted to know. Maybe then you can make an informed decision on what really needs to happen from here…breaking away from SVUSD and CAPO and creating a separate school district. After all isn’t this supposed to be about “the childrens education?” Lets stop the finger pointing and just do something about it.
I am writing into a black hole. Who said the city was trying to beat a filing deadline? And dont assume, in a weak analogy to the so called stimulus issues, any tolerance from me for the high levels abuses occuring to us all on the federal level. Laws haven’t been enforced at that level either, but at least in this city there is some effort at compliance. I am glad to see any blog, postings, newsletters, etc that get people interested and aware. For that purpose, carry on. We cat ely on traditional media to do it anymore, which is why newspapers are dying. However, bring genuine perspecitve not sensationalism based on misinformation. I am not a couch potato who engages in political activism on a laptop. I am at the council meetings, school board meeting, candlelight marches, and neighborhood discussions. If you all want to get rid of the city council, find a candidate you support and start blogging for them. The proper procedures for the lawsuit were follwed. I can file a suit against you today, and if I never serve it on you it has no legal effect and the court will dismiss it. The council had met on this issue over several months and they knew exactly what the result of the vote would be. The illegalities of the SVUSD actions were so glaring, wait until you see what comes out from documents legally obtained after outrageous delays. I would like to see your energy placed commenting there, but I guess that would not be sensational enough. Schools, education, and children aren’t exciting and newsworthy, until they are ruined and gone. See you at a meeting, or the council chambers if you have the time as I have real work to do.Thanks for letting me drop by Orange Juice. I won’t be visiting again as the drink of your juice is way too bitter.
Bobby T.
The council knew the result?
So why bother having meetings and following proper procedures?
The real answer to your frustration with elected SVUSD school board members is to either vote them out of office at the next election cycle or take the other option as recently accomplished in the other School district serving Mission Viejo.
The successful RECALL in the Capo School District.
Bobby T.
Did you say you attend Mission Viejo council meetings? If so was it only when the school closure was discussed or are you a regular attendee? If so look for me tomorrow evening as I have been attending our meetings for the past 20 years of our city’s existance and do not recall anyone named Bobby.
Sorry that you feel our Juice is somewhat tainted as we flush out news stories or comment on current news events without being censored.
Yada-Yada-Yada–real issue is the city has performed an illegal act.
This is an effort by Frank Ury to torment his former tormentors the SVUSD Board–and voters.
James.
Why cut to thechase? You are shortening the life of the debate
Folks. You need to watch the replay of tonight’s Mission Viejo city council meeting where Mayor Ury and our city attorney engaged in a lame attempt of damage control on this post prior to any Public Comments.
They realized that the statute of limitations was about to expire which forced the attorney to file the Writ prior to any council review of the documentation or approval of the action taken. What makes me laugh is that our chief of police services had just made a presentation on our school resource officers in which he commented about establishing a “relationship with our local school districts.”
Sadly Lt. Mike Gavin does not live in MV and obviously is not a member of our city council.
To recap my public comments. We send a letter to the Superintendent stating an INTENT to file a Writ on the same day that the case was filed. A true “class act” by the leaders of the distinguished city of Mission Viejo.
Please get your facts straight before you write articles.
Let’s get those documents available to all so anyone interested can see just how “Fishy” this whole O’Neill closure really was.
I saw a letter dated in Nov. 08 from a local Christian School asking to rent space at O’Neill. They knew the school was closing why didn’t we?
Fellow Mission Viejo citizens, don’t wait for the next school to close before you get the facts and get involved.
Concerned.
After Monday’s presentation by the head of our school resources deputies I addressed the city council on this Sept 8th Writ of Mandate action.
In my hand were several official documents including the RW&G letter to Dr. Fish and the documentation confirming the case being filed with the court on that same Sept 8th prior to our Closed Session.
What additional facts and documents do you wish for me to produce?
As I live in the city, helped all five council members get elected, wrote a letter of recomendation that resulted in our city clerk getting an award as Clerk of the Year, they all have my address and phone numbers as does the city manager.
Give me a call and I will produce every related document.
Bear in mind that this story is about process not a school board decision to shut down one or more of our schools.
If we are not happy with that Board we can take the same steps as our Capo District and RECALL them (or wait until the next regular election and kick them out of office.)