Saturday, March 29, 2008

Beware of CZ Golfers - Subsidizing the golfing life style


Beware of CZ Golfers - Subsidizing the golfing life style

March 29, 2008

The two golf courses inside the Coto de Caza gates were apparently designed so golfers could use golf carts and never have to interfere with CZ resident traffic. Golfers not willing to pay for the golf cart rental can still do the same, except that they must cross the various underpasses, on foot - such as those in Cantamar or San Miguel.


Apparently the volume of golfers who refuse to rent golf cars but lazy enough to walk the underpasses, have taken to cross the various streets, exposing motorists to danger and increasing the association’s liability. Such crossings just happen to be strategically located in certain of Coto’s Most Dangerous streets and not designed for pedestrian crossing.







Beware of Coto de Caza Golfers



What is wrong with this picture?



While the CZ board refused requests to add “children at play” signs in blind spots, allegedly because “signage must conform to vehicle code”, in non-certified streets, and the board is actively informing CZ residents to stay off the golf course, because “it is private property”, the same board has decided to place “beware of golfers” signs, precisely where golfers should not be!

Driving Citations Up – Local media analysis of CHP Report


Driving Citations Up – Local media analysis of CHP Report

March 29, 2008

After years of neglect, the local media is picking up on CHP data – must be the “deliverance effect” – that is, no more local reality TV

“I think we have more people who are older with children. If the moms and dads are busy, they are going fast. If they are not busy, they are slowing down”, the local media reports, after noting that drivers over 40 received more citations, that those younger than 21.

Years ago when a certain CZ board member blamed the increase of traffic accidents on Coto soccer moms, we identified the GRUP Syndrome, also known as the Michael Jackson, or Peter Pan Syndrome – the refusal of certain populace to grow up.

At the time, we also noted that simply rattling off figures during a general CZ board meeting is useless, even if the board is now reporting CHP data, unless there is an element of CLCA – Closed Loop Corrective Action. In other words, what is the report saying? Is there a corrective action needed? Who is to follow up? – if questions such as these are not asked, then perhaps the data should not even be collected. At least the local media seems to be trying.



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Wednesday, March 26, 2008

Coto de Caza's Version of Deal or No Diehl


Coto de Caza's Version of Deal or No Diehl

March 26, 2008

According to LA Times' David Haldane, California in Brief, in the Orange County section of the LA Times published March 19, 2009, "FBI agents took Reed Kyle Diehl, 29, of Cota de Caza into custody on federal charges of wire fraud in connection with an alleged offer to secure a line of credit for an unnamed out-of-state developer"

According to a complaint filed in U.S. District Court in Santa Ana, Diehl persuaded an alleged victim to deposit $2.5 million to be used as collateral for a promised line of credit
The DOJ Press Release describes Diehl as a former Tennessee Titan but according to the KNBC Los Angeles version of the story, he was signed as an undrafted free agent in 2001 and released before the season started. Diehl played football at University of California and is currently a high school football coach in Santa Ana.



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Environmental Law Media Fellowship


Environmental Law Media Fellowship

March 26, 2008

Spend the summer in Vermont - Vermont Law School awards a fellowship so that journalists can spend two weeks in Vermont during the summer learning environmental law.

No geographical restrictions.

Vermont Law School's Environmental Law Center offers the leading environmental law and policy program in the nation. The fellowship will enable participants to explore cutting-edge topics in environmental law and make valuable contacts for future stories, while
enjoying summertime in a remarkably unspoiled and peaceful setting.

The fellowships are open to members of the Society of Environmental Journalists and other journalists.

Each fellow will receive: a free course, or courses, on an audit basis in the environmental law topics of their choice during a two-week period of Summer Session 2008; free housing arranged by Vermont Law School during this period; a private tutorial in environmental legal research; and a $1250 stipend for expenses.

Deadline(s): 04/15/2008
Contact:

Address:






Diane Derby

Office of Media Relations

P.O. Box 96, Chelsea Street

South Royalton, VT 05068 U.S.A.

Tel: 800-831-1309
Fax: 802-831-1148
E-mail:

Program URL:
dderby@vermontlaw. edu

http://www.vermontl aw.edu/media/ index.cfm? doc_id=506




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Assembly bill 1921 could shatter the American Dream


LETTERS

Assembly bill 1921 could shatter the American Dream

by Donie Vanitzian, JD

March 26, 2008


California is presently cash and income strapped to the tune of at least $14.5 billion dollars with proposed cuts to be made in every State Department. Keeping that in mind, nothing is laudable or applaudable about Assemblyperson Saldana’s Assembly Bill 1921, just as nothing is commendable about the countless “paid” hours expended by the California Law Revision Commission in bastardizing the Davis-Stirling Act.

Assembly Bill 1921 complicates an already problematic statute. I am on the record demanding a moratorium on any Davis-Stirling Act rewrites until a “credible” study of the problems can be, and has been, accomplished. AB 1921 is the full employment act for special interest parasitic industries and California's legislators. It is shameful that the remaining few protections for the titleholder's vested property interests are dangerously diluted by the cumulative effect of this bad legislation.

Though they may fancy themselves oracles of legislation, California Legislators are instead, masters of self-delusion. While in the Sacramento Holiday Camp, these public sector parasites are rarely held accountable for the disasters they cause. Once their paychecks end, their pensions begin. For the past three decades or so, California statutes have resulted in a battle-scarred minefield memorializing the delusions of self-congratulatory legislators wanting their names in books of California law--at any cost. The bigger the special interest payments--the bigger the name in the books.

If ABomination 1921 is signed into law, the end game for titleholders is prohibitively expensive litigation.

Heavy on Sweetheart Deals But No Checks and Balances

Assembly Bill 1921's caption reads, "This bill would revise and recast the Davis-Stirling Common Interest Development Act." In other words it is the "rewrite" of an entire Civil Code Title of law.

Assembly Bill 1921 is voluminous in print and anemic in its practicality. It amounts to a wholesale rewrite of law already in force, interpreted by the courts, and relied upon for well over two decades. Notably, the proposed rewrite is short on substance and lacks justification for shredding laws already in place. AB 1921 purports to sacrifice the Davis Stirling Act by codifying vacuous Legislative oratory. Hiding reality under the guise of "legis-speak" lest their intent be exposed, the cumulative outcome of AB 1921 if passed, amounts to condemning owners to subjugate their rights to the whim of their rulers, be they boards, legislators, vendors, attorneys, judges, arbiters, or the like. It is an "implicit submission" to forces outside the homeowner's control.

A sober look at this preposterous legislation--devoid sufficient public input and competent research-- reveals the imposition of unilateral substandard lawmaking. Assembly Bill 1921 consists of bad law: rife with loopholes, titleholder disenfranchisement, and remarkably poor drafting. Without adequate substantiation, one hundred seventeen sections, "Title 6," an entire Chapter consisting of Civil Code sections 1350 through 1378, are hacked out and rewritten in a matter of months by the few, with virtually no meaningful input from the many.

Misleading the Public

Much of the public is unaware that these shenanigans are taking place right under their nose. What homeowner has the resources on such short notice, let alone the time and knowledge to pour over 300 pages of newly conceived laws and then sit down and attempt to craft a letter to their Legislator explaining their views on the matter? I tried to do that and was told the Legislators and the Legislature are only interested in "groups." My letter was not even admitted into the record, so intentionally ignored that the record baldly claimed there was "no opposition."

The level of scrutiny that should have gone into this massive rewrite was, and is, missing. What part of "fiscal impact" does this California Legislature not understand?

Our Legislature has a far higher duty to the public than it is practicing. Without delay, the Legislature should place full-page advertisements in major California newspapers for one year as well as notify every common interest development titleholder that laws profoundly affecting their ownership are in play.

To claim that the Internet provides "notice" is a self-indulgent fantasy. Not every homeowner is computer literate, or has a computer, or has affordable access to the Internet and a printer. And rare indeed is the Internet-enabled titleholder who searches daily to see if the Legislature is tinkering with his property rights. Let alone understanding the bloated Commission's purpose few homeowners have heard of the "California Law Revision Commission." Yet that Commission's dangerously misguided authorship of the proposed Assembly Bill 1921 will effect the lives, property rights, and personal assets of millions of homeowners in this state.

Indifference to Statutory Integrity

Statutory changes tend to be of two types, renumbering-reindexing when societal change renders the current placement inadequate, and substantive changes in the law itself. By doing both simultaneously in Assembly Bill 1921 the Legislature renders impotent the public's ability to understand and comment on it.

Anyone who has ever had to find or follow the law knows the importance of stability of cross-referencing and the agony and cost wholesale renaming and reindexing impose. Moreover this renders much of case law unusable to all but the most sophisticated, well-funded researchers. Nonetheless, under the banner of "simplification" the California Law Revision Commission masks the enormous scope substance of its changes. In its enthusiasm for musical section numbers to cover its tracks, once again the CLRC excises "Title 6" from the Civil Code.

The initial heading of the former Title 6, “Wills”, enacted in 1872 consisting of sections 1270 to 1377 was repealed by Stats.1979, c. 373, sec. 484 to make way for the present version of the Davis-Stirling Act monster. It should be noted that the purpose of moving "Wills" was to place it in Probate Code statutes.

Title 6 "Common Interest Developments" was hatched in 1985. Now its 117 Civil Code sections are littered by the detritus of the CLRC's self-aggrandizing musings also known as "Comments" throughout the Code's annotations. Here, "Common Interest Developments" stays in the Civil Code statutes but changes it numbering and alters text substance.

In 2007 the California Law Revision Commission reported that it would be "several years" before this "project" would be presented to the Legislature. Worth mentioning, is the fact that titleholders did not ask the Law Revision Commission to do this in the first place, but the Law Revision Commission was advised that the owners were against this rewrite of laws in the manner it was occurring. Having slipped this soporific to the public, the CLRC speedily cobbled together AB1921 to be introduced in less than a year.

Moreover, attempting to slip even alert observers another "mickey," it purported to address only "technical and conforming changes," shamelessly mischaracterizing an intentional revision bastardized of form and substance.

"Recast" is Just a Fancy Word for "Rewriting Law" While Bypassing the Democratic Process

The audacity, let alone unmitigated arrogance that somehow the California Law Revision Commission is above the law and can perform such functions that are beyond its mandate, is unnerving. The Commission categorized their so-called "Statutory Clarification and Simplification of CID Law" as the panacea to problems plaguing such developments. What could possibly be "simple" about 300 pages consisting of some 85 cross over laws and no beta test as to its applicability?

Assembly Bill 1921 is not a revision; it is instead a rewrite of the LAW. A legalized pork barrel packed with goodies for the parasitic association industry and its vendors. It is an ill-conceived pork-barrel project that is proceeding without shame and accountability, with no end in sight.

If residential deed-restricted titleholders were ever under the mistaken belief that their Legislator could be an ally--by now they should know better. The public must understand that this cavalier rewrite will detrimentally affect the lives of millions of titleholders and prospective titleholders. Owners, who have dutifully spent decades coming to grips with understanding the Davis-Stirling Act, will be forced to start all over again. Frankly, some may not live long enough to figure it out. Others will likely employ a costlier route, that of hiring lawyers to explain an untested code to them with "on the one hand, on the other hand." Others still, may merely rely on the word of third parties whose interpretation of the codes may be slanted or just plain wrong.

The California Legislature Should Abandon Assembly Bill 1921

While the text in Assembly Bill 1921 may look good on paper, it lacks useful application.

This massive, untimely project has far-reaching consequences for millions of titleholders. For all its pages of paper, and all the rhetoric, pomp, and circumstance, save the back-patting, the hundreds of pages of slop miserably fails to protect titleholder assets. It fails to eliminate longstanding problems of imbalance pertaining to mediation, arbitration, and litigation and the attendant costs thereof. And there are numerous problems related to those issues. Instead, it merely provides a laundry list of statutes as its prelude to a newly created mess with utter disregard as to its implementation in terms of "real life."

Apparently the only people throwing their hands up in disgust at the utter waste of “time,” “resources,” and “excess” in California’s Legislature, are deed-restricted titleholders who lack adequate and meaningful representation in Sacramento. The millions of deed-restricted titleholders are left paying the price for bad laws, interference by special interests, and excess spending created by our legislators. It is scandalous the laws that are passed because some special interest entity wants it and can afford a lobbyist, rather than analyzing and researching laws that are necessary, and then proposing their introduction genuinely subject to public comment.

While the many problems with Assembly Bill 1921 are impossible to adequately address, here's a breathtaking example. Consider this newly hatched phrase slated to become law under Assembly Bill 1921: "An affidavit of delivery of a notice, which is executed by the secretary, assistant secretary, or managing agent of the association, is prima facie evidence of delivery."

Prima facie evidence!!! Might as well say "self-interested and unrebuttable evidence." It matters not what horse the drafter of that provision fell off of, what matters is that with the stroke of a pen something as egregious as what otherwise seem to be an innocuous "phrase" will become law--let alone prima facie evidence to be used against the titleholder with no viable avenue for rebuttable evidence. [FN1]

Imagine a third party vendor who contracts with the association, signing their name to an affidavit stating they did something when in actuality they did not. Imagine the board director secretary trying to cover his or her behind in a breach of fiduciary duty lawsuit for taking a person's home away from them, or instituting litigation against them, or penalizing them--merely by signing an affidavit. How can one disprove dishonesty if it is enshrined in the presumption of truth?

Imagine the same scenario if it were applied to fines, penalties, interest and late charges. The potential for abuse is overwhelming. Phrased alternatively, the venerable certified letter is replaced by the unsubstantiated claim from someone who has nothing to lose and everything to gain. [FN2]

Far-reaching problems with Assembly Bill 1921:

• Assembly Bill 1921 has expunged the word "property" as it relates to the titleholder's vested interest.

• Other than to clarify "escrow" proceedings; define "claimants;" ownership of pets; roof repair or installation; survey questionnaires pertaining to defects; the term "homeowner" is mentioned little, and where it is mentioned it is wholly devoid legal significance rendering the term non-existent as it applies to the titleholder.

• Award of "attorney's fees" are mentioned over twenty-five times and not to the benefit of the titleholder.

• The titleholder is not provided with realistic redress and an avenue for providing penalties against associations, third party providers and advisors, and boards of directors. Assembly Bill 1921 fails to direct the benefits of any such penalties directly to the affected titleholder(s).

• Assembly Bill 1921 fails to provide a "Victims Fund" for any titleholder who is a victim to the bad laws and who suffers at the hands of the association, its third party vendors, providers and advisors, and boards of directors who break the laws.

• There should be no creation of an ombudsman department or agency because of the drastic fiscal impact it will have on the entire state and the owners. No such agency should be funded by residential deed-restricted taxation alone.

• Assembly Bill 1921 fails to provide per se penalties against third-party management companies and their employees and it fails to provide per se penalties against recalcitrant boards. Moreover, it fails to per se assist titleholders in protecting their assets, fails to provide a viable avenue of redress, other than prohibitively expensive litigation, for the mounting problems associated with common interest developments, and homeowner associations. Every avenue the titleholder attempts to pursue for "fairness" is a costly dead-end--thanks to California's obtuse Legislature.

• Assembly Bill 1921 fails to address a huge problem that is created by the lump sum rewrite that did not exist before. That is, the culmination of intersecting procedural demands such as Request for Resolution, mediation and/or arbitration causing a cumulative effect that often costs more and lasts longer than litigation itself. [FN3] Needless to say, there are no guarantees that once initiated, any of those alternatives, ie, request for resolution, mediation, arbitration, will result in a viable resolution. [FN4] Assembly Bill 1921 will only exacerbate these inherent statutory problems.

Law Revision Interference with Legislation

The Commission's time has come and gone. It is no secret that on more than one occasion I have written the Governor imploring him to pull the Law Revision Commission's funding and/or altogether disband it.

Though paid handsomely while the rest of the State suffers great economic loss, cutbacks, and unemployment, the California Law Revision Commission no doubt believes they are only doing their job. That, however, should be a topic for debate. Often patronizing and condescending toward those in disagreement with its agenda, the Legislature not unlike the Commission, appear to side with, if not coddle the special interest industries. The standard response to the non-special-interest public is, "the staff recommends against that change."

Presently, the graveyards of repealed code sections caused by the Law Revision Commission's chainsaw approach in attempting to substantiate its grant money should be investigated. The Commission and the Legislature have created mass confusion for California consumers where none need exist. A first step to clarity and filling the $14.5 billion deficit would be to zero out the CLRC budget and to thoroughly investigate the laws proposed by the State Legislature prior to passage.

For these reasons and much, much more, I oppose Assembly Bill 1921 in toto.


--------------
[FN1] See Vanitzian, Expert Series: Common Interest Developments--Homeowners Guide (Thomson-West)
[FN2]: See Vanitzian, Homeowner Associations: Dynasties of Dysfunction]
[FN3] See Vanitzian, Expert Series: Common Interest Developments--Homeowners Guide (Thomson-West)
- - - - - - - - - - - - - - - - - - - - - -
Ms. D. Vanitzian co-authors the Los Angeles Times Real Estate section column titled Associations. She is the author of the Expert Series: Common Interest Developments--Homeowners Guide (Thomson-West) and Villa Appalling! Destroying the Myth of Affordable Community Living. She can be contacted by writing to: Post Office Box 10490, Marina del Rey, California 90295.




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I'd like to comment on the following paragraph that was in your publication "The Casta Courier" on July 19, 2007. The second paragraph reads as follows:

SPENDING OTHER PEOPLE?S MONEY by Donie Vanitzian, JDX(c) 2007 Vanitzian
I mean really! How difficult is it to spend other people?s money? Cheech!! It?s a no brainer, especially with no statutory accountability. "Hey man, it ain't difficult" one board member tells me, he says "no one gives s**t." He proceeds to point to his...

Critics do not attend board meetings - GRF that is!
Critics do not attend Home Owner Association Meetings to learn of actions deemed necessary by their Board!August 6, 2007 Critics are principally individuals who fail to attend Home Owner Association Meetings to learn of actions deemed necessary...

The New Seven, err... Eight Wonders of the World
CZ's definition for leadership is that whenever questions are raised, the canned response is ?Remember the Reserves?! Now CZ Spin Machine has to be the Eight Wonder of the World!- August 6, 2007 The results of the NOWC?s New Seven Wonders of...

"TWIN RIVERS" = "TRIPLE PROBLEMS"
Note to the do-gooders whose glasses are corrupted by the half-full half-empty circular-argument nonsense and who want only to hear the good-of-it-all and nothing too depressing, oh, and want only smiley ha-ha journalism: Go grab your teddy bears and...

Lawyer seeking condominiums' business goes over the line
Question: I manage a large condominium project in Los Angeles. Unsolicited, an attorney sent me an invitation to meet with him over lunch. He then phoned me several times, including the day before the lunch, explaining the purpose was to speak only with...



CONDOMINIUMS ARE A GREAT INVESTMENT- FOR LAWYERS
About every two months I get a call, or a client comes in to ask me about condominiums. It usually starts off with, ?I bought this adorable little condo? and then the upstairs neighbor had a flood?. And then the Homeowners Association refused??

Paraphrasing the LA Times on Defeat of SB670 & Wicked Twin Witches of the West - SB 127 & AB-980
Taking a page out of the OC Register?s ?paraphrased reporting?, an article written by LA Times staff writer Diane Weder titled ?Bill to limit transfer fee founders?, published appropriately on May 13, 2007, quotes the president of the statewide Realtors...



Private Transfer Tax - Good for the Common Interest Development (HOA/CID) Industry or Good for the Politicians?
When we received our copy of the report that the California Association of Realtors (CAR) used to Sponsor and help draft transfer fees, we were confused. Given that Vanitzian has become an icon in Sacrament (some say a thorn in the legislature's side),...

Management company's tape-recording tactic puts homeowners at risk
Question: Because our management company has been sued before, it has a policy of recording all incoming and outgoing phone calls. Before a management employee answers the phone, there is an automatic announcement warning callers they are being recorded....

Of Trial Lawyers, the AAJ and the Democratic Party
The National College of Advocacy and AAJ Education maintain two distinct programs that recognize AAJ lawyer member efforts in pursuit of advanced legal learning and professional development?the Achievement Recognition Program and Advanced Studies in Trial...

Laguna Woods Village CC&Rs, What CC&Rs? I Got Your CC&Rs Right Here!
Coto de Caza is not the only place where the board of directors consistently either disregard the civil code, governing documents (Covenants, Conditions and Restrictions - CC&Rs) or even the moral code.



What is better in HOA Management? Transparency and Accountability or Feel Good?May 22, 2007
Mostly as a result of the Enron and Worldcom scandals, the Sarbanes-Oxley Act of 2002 known as the Public Company Accounting Reform and Investor Protection Act of 2002 and commonly called SOX; was enacted to provide business executives with less wiggle...

HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!X
This author asks WHERE ARE THE PENALTIES AGAINST MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE PASSING?



Two of the Worst & Most Detrimental Laws to Hit California are Sponsored by None Other than: California Association of Realtors (R) The Gold is Gone --No more gold in the Golden State!
Dear Governor Arnold Schwarzenegger,
SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please listen to the people who support you and look to you to help us! When you first began buying property in California NO ONE told you what you could or could not do...

THE LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A "WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563
It apparently does not matter that titleholders with a vested interest in their property cannot get their legislators to carry legislation to help US, but, they can waste taxpayer funds by preventing the bills WE WANT and NEED by CHANGING *ONE* WORD in an...

EMERGENCY! EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED IT!!
So THIS is what the Senate calls an "Open Meeting." How many Open Meetings have THEY been to? Obviously not many. ROTFLMAO!



CAN YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?
Owning, let alone living in an HOA is a tough JOB and requires you be physically fit, possess a certain sophistication of the processes, and have the character let alone stamina, that allows you to be persistent in a manner that indescribable to REAL...

HEY GRAY PANTHERS! YOU GOT IT WRONG!
(c) D. Vanitzian
May 16, 2007The Gray Panthers are on record as SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number 948. SHAME ON YOU. Where the heck are you getting your information from?

The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CAR


Coming off a most improbable but successful campaign to defeat SB 670 author and HOA advocate Vanitizian thanks supporters making a connection between the quality of legislation being passed in Sacramento, and the quality of life in most homeowners...















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Saturday, March 22, 2008

How transparent should transparency be?


How transparent should transparency be?

March 22, 2008

The hearing yesterday, to ascertain if transcripts compiled by a grand jury during an investigation of the jailhouse beating death of John Chamberlain, should remain under seal was postponed until Monday.

The hearing, scheduled on a motion submitted by the Orange County Counsel's Office on behalf of the Sheriff's Department was filed under seal, hence the basis for the request is unknown.

Kudos to the attorneys for The Orange County Register and the Los Angeles Times, who filed a brief opposing any attempt to seal the grand jury transcripts. Understandably, Sheriff's officials want to keep secret portions of the testimony and documents that deal with jail security protected by state personnel laws. However, as the attorney filing the motion asserts “ to keep the grand jury proceedings secret appears to be a thinly disguised attempt to hide evidence of misfeasance or malfeasance by sheriff's deputies”. No different that homeowner’s association claiming to do everything by the book, when the proceedings are shrouded in secrecy.

Orange County District Attorney Tony Rackauckas previously concluded he did not have sufficient evidence that would stand up in court, to criminally charge any of the sheriff personnel involved, however he indicated that that there was testimony of negligence that could lead to disciplinary action, including termination of employment.

We continue to support and give law and order the benefit of the doubt. For that reason, it is important that an extreme makeover takes place at the Orange County Sheriff’s Department, to pave the way for new leadership.

The question is, how transparent should transparency be?





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Invariably when we publish public safety statistics, proponents of the status quo ridicule our analysis and detractors use the law of attributions to invoke the proverbial ?it?s not mine/their job?.

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Dmitry Medvedev has celebrated his landslide victory in Russia's presidential vote, amid claims by electoral observers questioning the fairness of the result, according to agency reports.

CZ/Coto Master Association Corruption - Letter sent to J. Patterson, Capitol Staff, Staffer to CA Assemblyman Todd Spitzer (R)
Joseph: I want to meet with Assemblyman Spitzer concerning the election corruption that we have going on in Coto de Caza with the CZ Master Association, our homeowners association governing the 15,000 residents of Coto. Our HOA is the equivalent to a...
























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Friday, March 21, 2008

Husband sentenced for murdering wife of 28 years and staging a robbery


Husband sentenced for murdering wife of 28 years and staging a robbery

March 21, 2008

A husband was sentenced today to 25 years to life for murdering his wife by beating her with a metal fireplace tool and ransacking his own house to make the crime scene look like a burglary. Marvin Vernis Smith, 71, was convicted December 17, 2007 of one felony count of murder for the death of Minnie Smith.

In the early morning of December 15, 2005, Smith executed a plan to murder his 66-year-old wife Minnie and stage it to look like a burglary. At approximately 6:30 p.m., Smith returned home and called 9-1-1 to report a burglary.
On December 22, 2005, officers took Smith back to his home to walk through and determine which items had been "stolen." The following day, on December 23, 2005, police searched one of Smith's Los Angeles properties while Smith was not present. When officers opened the trunk of one of Smith's cars, they found a jewelry box hidden under a jacket containing the two medallions that Smith had described. Approximately 30 minutes later Smith arrived at the property and was arrested for murdering his wife.

Minnie, who had worked as a security executive for an international defense contractor, retired in 2003 to spend more time at church and with her grandchildren.



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The OCSD final crime and vandalism statistics for 2007 show a marked decrease in crime and vandalism activity for the unincorporated community of Ladera Ranch.

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The last quarter of 2007 was chthonic anent traffic collisions in Coto de Caza. While the community enjoyed a significant dip during the third quarter, the fourth quarter recorded a total of 8 collisions, three of them DUI-related, not unlike the one...

John G Hedderman pretends to be an attorney
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Former Haidl, Jaramillo Defense Attorney JG Cavallo Goes to Jail
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CHP Officer Arrested, Held on $4 million Bail at the Orange County Jail.
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Woman Shot Inside the gates


Woman Shot Inside the gates

March 21, 2008

A woman was shot and killed Wednesday in her multimillion-dollar home inside the gates of an upscale community, apparently while she was on the phone talking with a 911 dispatcher about a possible burglary,

According to the Los Angeles Time, Officials are keeping a lid on information about the case but say there may be more than one suspect.

The Times reports that each home in the neighborhood where the crime occurred “ has its own gate or stone wall. A sign at the entrance to the victim's home includes a rendering of a video camera and says, "Warning: All activities are recorded to aid in the prosecution of any crimes committed against this facility.” but quotes a resident who notes that “… the neighborhood's gates and walls may give residents a false sense of security”

For complete story, refer to:

http://www.latimes.com/news/local/la-me-call21mar21,0,3572208.story

Just curious, why is it necessary to pass on bad news when it isn't even in Coto?
Can't we just leave that to the media - they do a good enough job as it is.

Of course it is not necessary at all

In this case, the story makes the point we continue to make about public safety: Paying some $2 million/year for â€Å“securityâ€� is simply a Linus blanket: Without a concerted effort, the community simply thinks it is more secure than it is - Buzz

It might be a good reminder of what could happen and has happened inside the Gates of Coto de Caza.

A somewhat similar incident happened in Coto about 6 years back when a woman was murdered in her home after a 911 call had been placed, but the police could not find the house - they went looking for a similar address either in Rancho or Mission Viejo if I recall right and then gave up.

Two days later, a housekeeper discovered the body of the owner as well as the murderer - a guest - who had hung himself inside the house in a murder suicide.

The conclusion was that if the Police had arrived after the call, the murder suicide would have been averted. This happened on Torrey Pines.

I think the message, which is a sober reminder, is stated in the article: "false sense of security". A homeowner cannot depend solely on gates and a police presence to prevent major crime.
Thanks for the reminder! does bring it closer to home!

Of course, those of the feel good persuasion may argue that the incident you cited can now be prevented by the recently installed county system to identify source of 911 calls. We identified at least one incident since then and found that mis-identification still happens - a function of call center personnel and law agency jurisdiction.

Community gate access as envisioned is intended to remove the crime of opportunity. As administered in Coto de Caza, it provides the opportunity for crime.

Take for instance an actual advertisement for a business inside the Gates- benefits include Gate Transponders!- Buzz

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We sent the note below to Keystone ? We have yet to hear from them, and if the trend continues, Keystone will not respond. So we decided to contact the service supplier directly. Their response is



A Tribute to Mr. Morteza Manian On The First Anniversary of His Tragic Death
As Mr. Morteza Manian was riding his bicycle on a lazy Sunday afternoon, just like he had done so many times before, a 16 year old female driver of a Nissan Frontier approached the same intersection at Lexington Way and struck the left side of Mr. Manian.



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Former Assistant Sheriff, Dove Canyon Resident Convicted Of Perjury & Misappropriation Of Public Funds
SANTA ANA -- Contrary to what certain Coto de Caza Board of Directors may think, there is semblance of law and order in Orange County.


















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Wednesday, March 19, 2008

Public Safety Owners and Orphans

Public Safety Owners and Orphans

March 19, 2008

Invariably when we publish public safety statistics, proponents of the status quo ridicule our analysis and detractors use the law of attributions to invoke the proverbial “it’s not mine/their job”.

We continue to assert that it takes a community to fight crime, any crime, including residents, local government and the various law enforcement agencies. It requires understanding crime of opportunity dynamics, public awareness, engineering and leadership. Take for instance the perennial Safest City participant of Thousand Oaks: If you ask public officials, law enforcement agents and residents, more than likely most respondents would place public safety at the top of their priority list, then would gfgo on to name something they are doing about it.

Although Rancho Santa Margarita is not too far behind Thousand Oaks, there is not as much concerted effort in terms of tacking public safety issues. Take for instance a letter sent to the OC Sheriff’s Department by Assemblyman Todd Spitzer last December:





I want to extend my sincerest congratulations to the City of Mission Viejo and to Mission Viejo Police Services for receiving the distinction as the Safest City in the Nation by the CQ Press. This distinguished honor is a testament to your leadership within the department and your commitment to public safety.

I am honored and proud that Mission Viejo has consistently ranked among the top ten safest cities in the nation since the inception of the Safest City and Metropolitan Area Awards 14 years ago. Your officers are to be commended for their dedication to protecting citizens, enforcing laws, and preventing crimes. I applaud your diligent efforts in preserving the standard of safety our community has come to pride itself on.

Again, congratulations on this extraordinary distinction. It is well deserved.

Sincerely,

Todd Spitzer
Assemblymember, 71st District"



The question is, how are the RSM residents, government officials and the various law enforcement agencies doing to make sure the city continues to be included in the ranking of the safest cities? For that matter, what is Coto de Caza doing to improve public safety? Public safety success has many owners – failure is an orphan!

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We continue to receive a flurry of complaints from Coto residents regarding soliciting and door-to-door distribution of service sales literature, including maid, painting, landscaping, remodeling, (etc.)

The Maturing of Coto de Caza-Coto de Caza is no longer GRUP City!
Age distribution in the crime & vandalism and collision statistics for Coto de Caza, indicate that an underage person is as likely to be involved in a crime or collision within Coto, as is a senior citizen. This fact has led us to the conclusion that...

Coto de Caza's Equus trailus patrolus publicus (horse trail patrols paid by the commonwealth)
We were befuddled by the recent announcement by the CZ Master Association board of directors of the impending deployment of mounted units of the Sheriff?s department to patrol the horse trails and fire roads that surround the community. After all, all...

It is Official: Coto de Caza Mounties are here! - A CZ Master Association BOD decision making framework
According to the March 9, 2007 issue of the Orange County Register?s The CanyonLife, the Mounties have mounted a ? coordinated patrol effort on Saturday, March 3, on the county?s trails in the hills around Coto de Caza and Holy Jim Canyon. The high...

Coto De Caza, Ladera Ranch, Safest Communities in the Canyons ? Not!
According to the OCSD, Coto de Caza registered the highest incidence of crime/vandalism for 3Q2006. On the other hand, Ladera Ranch ended 2006 with a significant reduction in crime and vandalism.

1Q2007 Coto de Caza Crime and Vandalism Report
A comparison between the 1Q2006 and 1Q2007 Crime and Vandalism reports shows that a favorite Coto de Caza crime is fraud, that the Peter Pan Syndrome continues to be alive and well (crime is evenly distributed between kids and adults) and a criminal...



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We sent the note below to Keystone ? We have yet to hear from them, and if the trend continues, Keystone will not respond. So we decided to contact the service supplier directly. Their response is



A Tribute to Mr. Morteza Manian On The First Anniversary of His Tragic Death
As Mr. Morteza Manian was riding his bicycle on a lazy Sunday afternoon, just like he had done so many times before, a 16 year old female driver of a Nissan Frontier approached the same intersection at Lexington Way and struck the left side of Mr. Manian.



Coto de Caza's Equus trailus patrolus publicus (horse trail patrols paid by the commonwealth)
We were befuddled by the recent announcement by the CZ Master Association board of directors of the impending deployment of mounted units of the Sheriff?s department to patrol the horse trails and fire roads that surround the community. After all, all...



The CotoBuzz Journal May 2007
CHP in Coto - Big Mouth CZ Bob- By Joseph Morabito, former member CZ Master Association Board of DirectorsHello All: I have heard that CHP officers are not volunteering to work in Coto even for the time and a half pay they would earn. So, we are not even...

The Enemy in Coto de Caza's Midst - The CHP!
Considering the history of Coto de Caza, Can you name all the service providers that have been on a quarterly review (rather than yearly review) ? to make sure the service it provides is acceptable? Can you name the members of the board of directors when...

The Varo anti-CHP Sentiment continues: CHP GO HOME, KEEP OUT OF OUR DUIs!
The Coto de Caza gates, including the automated ones are as reliable as the public utilities in the outskirts of Baghdad, yet the association continues paying for services barely-rendered, no questions asked.



Former Assistant Sheriff, Dove Canyon Resident Convicted Of Perjury & Misappropriation Of Public Funds
SANTA ANA -- Contrary to what certain Coto de Caza Board of Directors may think, there is semblance of law and order in Orange County.


















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Monday, March 17, 2008

Coto de Caza Civics Lesson and Corresponding Quiz


Coto de Caza Civics Lesson and Corresponding Quiz

Ask not who your delegate is – ask: Why do I need one in the first place?

March 17, 2008

The most recent Coto de Caza's CZ Master Association Board of Directors Newsletter contains a civics lesson and corresponding quiz. The premise is that CZ resident should know about representative government and who represents them, leading to the question: Who is your CZ district delegate?

Perhaps the lesson and corresponding quiz should be updated, given that the CZ form of local government is NOT, repeat NOT, representative. Take for instance the most recent elections intend to do away with what critics call a corrupt delegate system:

70% of CZ members who voted support Direct Popular Elections, and

69% of Delegates who voted support Direct Popular Elections and

Allegedly, the majority on the Board supports Direct Popular Elections, so what happened? Direct Popular Elections amendment failed!

Hence, CZ residents should not ask: Who is my district delegate? The question should be: Why do I need a district delegate in the first place – given that by design, the district delegate is to operate in total secrecy and consequent lack of transparency and accountability - delegates do not have to disclose how they vote, and they certainly do not have to vote the will of the residents in their district.

Boy, did you hit that nail on the head. Our current Delegate system is not a representative form of government because they don’t represent anyone but themselves. My delegate will not reveal how he votes. He obviously does not represent me. And, you know as a thinking human being I don’t need someone who was never elected by anybody to cast a vote for me anyway. Joseph Morabito, former member CZ board of directors.
2006-2007 CZ District Delegates who failed to bring Direct Popular Elections to Coto de Caza during the 2008 Election Cycle

DISTRICT/ # OF VOTING UNTIS
DISTRICT NAME
DISTRICT DELEGATE

1 / 53 votes
Ranchos Colinas (sub-association)
Steve Masler

2 / 107 votes
The Forest/Tiara/The Arbours/Lyon
George Thagard

3 / 120 votes
The Terrace (sub-association)
Ronald Goulden

4 / 39 votes
Grand Coto II
John Smead

5 / 77 votes
Coto Country Homes
Darrell Starnes



Alternate: Don Joynt

6 / 72 votes
Fairway Oaks (sub-association)
Karen Martin

7 / 113 votes
East Hills/East Point
Robert Alberts

8 / 72 votes
Los Verdes (sub-association)
Marilyn Carrabino



Alternate: Marc Coody

9 / 92 votes
Oakmont
Xochitl Yocham

10 / 128 votes
Stonehedge
Andrea Owen

11 / 43 votes
The Trails/Master Collection
Terry Corwin





12 / 50 votes
Summerfield
Corey Ferguson

13 / 121 votes
Hillsboro
Steve Zipperman



Alternate: Joseph Aguirre

14 / 93 votes
The Greens
Debbie White

15 / 100 votes
The Woods/Arroyo Sur
Roy Allen

16 / 62 votes
Fairway Estates
Peter Roth Alternate: Gary Garofolo

17 / 62 votes
Meritage
Preston Walrath

19 / 90 votes
The Classics
Andrew Holzmann

20 / 94 votes
Chantemar
Lyle Schlieder

21 / 58 votes
Canyon Estates
Robert Curran

22 / 26 votes
The Legacy/Enclave/Stonefield Estates
NO DELEGATE

23 / 71 votes
The Pinnacle
Arlene Kraft

24 / 61 votes
Greystone Villas (sub-association)
Don Wegner



Alternate: Joel Hillabrant

25 / 104 votes
Andalusia (sub-association)
NO DELEGATE

26 / 82 votes
Oak Ridge
NO DELEGATE

27 / 106 votes
Tanglewood
Steve Foster

28 / 56 votes
Glen Eagles
NO DELEGATE

29 / 88 votes
Montecito
Bill Bushek

30 / 64 votes
Tapestry
Bob Grich

31 / 89 votes
Grand Coto Estates/Part of Atherton/Part of Weatherly
Lea Ann Miller

32 / 52 votes
Part of Southern Hills/Fairway Reflections
Jerry Scanlan

33 / 90 votes
Glenmere
Wolfgang Greinke

34 / 74 votes
Crooked Oak
Elaine Hamill

35 / 49 votes
Courante
Terry Kwit

36 / 68 votes
Part of Atherton/Part of Weatherly
William Linas

37 / 67 votes
Southern Hills Encore
Vincent Hylka

38 / 65 votes
Terrazza
Nick Newsom

39 / 74 votes
Silver Creek
Mary Spicer

40 / 77 votes
Rosewood
Tracy Fortier, Alternate: Dell Kopper

41 / 81 votes
Spring Hill/Chatham
Joan Walters

42 / 69 votes
Stonefield Private Collection/San Marino
NO DELEGATE

43 / 81 votes
Oak Knoll
Su Walcher

44 / 97 votes
Oak View
Mitch Hill

45 / 62 votes
Terra Vida
Michael Lane

46 / 75 votes
Valle Vista
Bob Varo








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The selling of feel good socialism and The Obama Melt-o-Drama


The selling of feel good socialism and The Obama Melt-o-Drama

I am not asking you to believe in Senator Obama’s ability to bring real change to Washington, I am asking you, did he inhale? God Bless America or God Dam America?

March 17, 2008

“I am not asking you to believe not just in my ability to bring real change to Washington…I’m asking you to believe in yours…” Senator Barrack Obama’s homepage

Barack Obama attended Trinity United Church in which the Reverend Wright spewed hateful rhetoric on an apparently regular basis. For twenty years, Wright was Obama's spiritual "mentor." For twenty years, Senator and Mrs. Obama and their children sat in that church week after week as Wright preached, yet Obama has announced that he was unaware of Wright's anti-American, conspiracy-filled sermons, such as that infamous “…not God Bless America, God Damn America…” Most recently, Mrs. Obram echoed the Reverend Wrights sentiments stating that this (Senator's candidacy), was the first time she felt proud of America.
The statements that Rev. Wright made that are the cause of this controversy were not statements I personally heard him preach while I sat in the pews of Trinity or heard him utter in private conversation. When these statements first came to my attention, it was at the beginning of my presidential campaign- Senator Obama

I must admit that I have sat through a good number of boring homilies – the Reverend Wright is anything but boring, he is incendiary! – Senator Obama’s statements are reminiscent of the, “I smoked, but did not inhale..”, attributed to the former president also known as the “First African American US President”

Senator Obama’s Top Priorities (in his own words) and alleged stand on the various issues is contingent on his ability to “unite” Democrats and Republicans, White and African Americans:

Top Priorities -My top priority as president will be ending this war in Iraq, a war that should have never been authorized and never been waged

The issues -Health Care

Gay Marriage- I oppose the Federal Marriage Amendment.

Abortion, - I have been a consistent champion of reproductive choice and will make preserving women's rights under Roe v. Wade a priority as president

My plan builds on and improves our current insurance system, which most Americans continue to rely upon, and creates a new public health plan for those currently without coverage. Under my plan, Americans will be able to choose to maintain their current coverage if they choose to

Health Care, Social Security, Iraq, National Security, Energy, Immigration, Affirmative Action, Economy, Budget, Education, Gay Marriage, Abortion, Poverty, Gun Control, Stem Cell Research, Top Priorities



I am not asking you to believe in Senator Obama’s ability to bring real change to Washington, I am asking you, did he inhale? God Bless America or God Dam America?



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