QUESTION:
How can we start recall paperwork…..to have (Jerry) Mezger removed”? - from CZ Master Association Board of Directors
August 22, 2007
The question was recently asked in the Coto Discussion forum: “ How can we start recall paperwork…..to have (Jerry) Mezger removed”? – Given that the interest on the subject is reaching a crescendo, we have summarized the information we have received to date, including a compelling argument for recall prepared by former member of the CZ Master association board of directors, and a couple of blank petitions.
For a recall process to succeed, there may be two alternatives:
1) Get 2/3 of CZ delegates who voted on the last election to sign a recall petition. According to former member of the CZ Master Association board of directors Joseph Morabito, “If it can be demonstrated that the Delegate votes are there to RECALL Mezger, then maybe Mezger will just resign rather than put the Association through the expense of an actual RECALL election. That is exactly what happened when John Zarian resigned”
2) Get a minimum of 5% of the membership (around 179) to sign a recall petition.
We have prepared two blank petitions, one each for a) CZ District Delegates and one for CZ titleholders. If you are interested in participating in the process, simply send us a note via phone, fax or email. If we collect the minimum number of signatures, we will in turn send the petition directly to the board (or will turn over to anyone who may want to champion the cause) - at no time will we make the information public!
Argument to recall Jerry Mezger – prepared by Joseph Morabito:
Hello All: As a former CZ Board Member I take the action of RECALL very seriously. I do not believe that RECALL should happen for policy differences or for frivolous reasons so when I call for the RECALL of Jerry Mezger, it is because there are legitimate grounds as follows:
Mezger was in escrow to move out of CZ when he ran for the Board in May. He purposely withheld this critical, material information which would have caused his defeat. I call that lying. Mezger moved into The Estates about one month after the 2007 Board election.
Mezger and other CZ Board Members conspired in 2006 to deny a Board Candidate a seat by failing to reveal that Sean Larkin had actually moved out of the area to take a job. Larkin resigned one week after the Board election allowing Mezger and other sitting Board Members who conspired with Mezger to appoint a Board Member rather than allowing Delegates to elect one. I call that unethical.
Mezger has ignored the Oakview/Oakknoll Agreement/Memorandum requiring that those gates remain closed as a condition of development. In doing so and in not requiring significantly more insurance indemnification from that sub association, CZ Members are exposed to unnecessary liability and a breach of security. I call that a violation of Board Member fiduciary responsibility.
Mezger voted to fire the CHP knowing full well of the danger on our streets. During that time period we had two tragic deaths on our streets. There is also a lawsuit pending against the Association from this time period related to a serious accident on our streets. Mezger’s actions have damaged our relationship with the CHP making it difficult to get more hours from them which is exposing our Members to continued danger on our streets.
Mezger has never understood the concept of Conflict of Interest. Now that Mezger lives in The Estates he has an irreconcilable conflict of interest making it impossible for Mezger to represent the interests of CZ Members. And, Mezger does not recognize the conflict of interests in selling his wife’s real estate services at our gates at our expense to enhance his family income.
Mezger took action to give advertising revenues away to CotoCAN that legitimately belongs to our Members from distribution of maps at our gates at our expense.
Mezger supports the subsidies going to various outside groups, sub associations, and organizations which have caused two dues increases in two years.
Mezger continues to demonstrate on issue after issue that he does not see the ethical line in the sand necessary to serve on the CZ Board of Directors.
I believe that Jerry Mezger has violated his fiduciary responsibility to represent the interests of CZ Members and that he is guilty of malfeasance both of which constitute legitimate grounds for RECALL. In circulating petitions, please feel free to distribute these grounds as the basis for Jerry Mezger’s RECALL from office. JM
PETITION TO RECALL DIRECTORS – General Guidelines
Petition Percentage. The membership may request a special meeting of the membership for the purpose of removing individual directors by presenting a petition to the board signed by 5% or more of the membership. Corp. Code §7510(e) See sample recall petition below. The right to call a meeting by 5% of the membership cannot be changed or eliminated by contrary provisions in the bylaws.
Proper Signatures. Only members may sign a petition. Tenants and spouses not on title may not sign the petition.
--------------------------------------------------------------------------------
PETITION TO RECALL JERRY MEZGER – 5% of CZ MEMBERSHIP
The undersigned members representing 5% or more of the association hereby petition that (i) the board of directors set the earliest reasonable date, time and place for a special membership meeting for removing Jerry Mezger from the board, and (ii) that notice and ballots be sent by the board to the membership as provided for in Sections 7511 of the Corporations Code and 1363.03 of the Civil Code.
Signature Print Name and Address
___________ _____________________
___________ _____________________
--------------------------------------------------------------------------------
PETITION TO RECALL JERRY MEZGER – 2/3 of CZ Delegates
The undersigned members representing 2/3 or more of the association’s district delegates, hereby petition that (i) the board of directors set the earliest reasonable date, time and place for a special membership meeting for removing Jerry Mezger from the board, and (ii) that notice and ballots be sent by the board to the membership as provided for in Sections 7511 of the Corporations Code and 1363.03 of the Civil Code.
Signature Print Name and Address
___________ _____________________
___________ _____________________
RELATED STORIES
CZ Master Association Alleged Corruption and Malfeasance
Responding to a Coto Discussion Forum, Mr. Morabito writes:Hello All: Since Dave asked me to be specific concerning Varo/Mezger corruption and malfeasance, I thought I would provide a list as follows:
CZ Master Association Candidates Night May 10, 2007
The CZ Candidate?s Night has been scheduled for May 2007 at 6:00 pm at the Golf and Racquet Club.Contrary to the spirit and the law of the recent democratization of Common Interest Developments, such as the CZ Master Association, the three open seats...
You Must Resign Your Seat on the CZ Master Association Board of Directors ? JM
Jerry: No, I won't live with it. You are now going to add legal cost to the Association; good for Harkins; bad for our members. It will make it impossible for you to serve on an equal basis with other CZ Board Members. You need to RESIGN - JM
Boycott the CZ Master Association Delegate Electoral System
Hello All: When I received my Delegate Vote Form with Bob Curran asking for a vote for Delegate, I threw it in the trash compactor. Bob is a nice enough guy; but I am boycotting the whole Delegate Electoral System. Last year Bob refused to reveal who...
City of Coto?s $20,000 First Installment
The April 2007 issue of the CZ Master Association?s President?s Letter confirms what the CotoBuzz Journal had previously reported: The board continues to work on turning the community into a city and has asked the county to sponsor a study to convince...
The CZ Master Association Piggies are Still Fat and Happy and the Chinese V-Factor
Hello All: The good news is that CZ is finally charging non-CZ Members an annual transponder fee. While it is a start, the bad news is that the fee is apparently
CZ Master Association Electoral Procedures
Hello All: I just came back from Communist China land of the not so free where news and all communications are censored. Communist China has the very same electoral process that we have in Coto. In a country with over a billion people, a small number...
CZ Losers!: Here is a little something to remember me by - the Estates and the Villages
In a recent CZ Master Association?s newsletter, the president of the board of directors writes about his encounter with various presents left by pet owners in South Coto de Caza, and encourages residents to good citizens and use the doggie bags to remove...
Reports of the CotoBlogzz?s Demise Highly Exaggerated
In discussions in the Coto Discussion Forum, shortly after the 2007-2008 CZ Master Association board of directors? election results were announced, re-elected incumbent Jerry Mezger characterizes elections results as a victory: ?This vote also means...
Coto de Caza General Board Meeting Minutes
Agreements, agreements, agreements.....a tale told by an idiot full of sound and fury, signifying nothing - apologies to the Bard
Obviously there was no vote of NO CONFIDENCE in Jerry Mezger which should have been the first order of business. August...
Public Spectacles Work!
Public Spectacles worked For Ladera Ranch, and Laguna Woods Village, Why Not Coto de Caza? CHP enforcement hours in Coto de Caza have dropped some 60% from 2006 levels, mostly, because resources have been allocated by CHP management to other...
Board accountability is board accountability regardless of location
Board accountability in Coto de Caza is no different than accountability in Laguna Woods Village:In part, due to the CotoBuzz coverage of the Laguna Woods questionable expenses, the OCR has assigned experienced reporters to the case - For example, refer...
Coto de Caza Subsidies, the Call of the Wild a way Forward? - August 19, 2007
What lack of common sense in the CZ master association has failed to do, apparently Divine Providence is doing: When asked how long the Coto de Caza Youth Park be closed, the answer was: ?as long as residents continue to report sightings of a mother lion...
Coto de Caza, 2Q2007 CHP Collision Summary
The newly elected CZ Master Association Board of directors? president has vowed to improve the relationship between the board and CHP management, a minimum requirement in order to increase the CHP traffic patrol to at least 2006 levels. We think that...
Should I stay or should I go - in/from my HOA? X
First was the Delegate?s Corner blasting CZ Master Association board of director?s critics for speaking out against a corrupt delegate system and electoral process in favor of direct elections, consistent with current legislation, and consistent with the...
Supplier Management Cause and Effect ?Coto de Caza Lightening
The Problem is San Diego Gas and Electric don't have workers available at night to check the street lamps
The Fertilizer Option- Good Enough For London and For NYCXIs Coto de Caza Mindless, or In a NY State of Mind- Think of it as a fertilizer option for commuters
August 15, 2007 Michael Bloomberg, the mayor of New York, unveiled a plan April 22, 2007 delivered in a speech to mark Earth Day, pledging to make New York "a brighter, healthier and more economically prosperous city". Mr Bloomberg framed the...
Trigo Trail Trailed Trimming Triggered By Board Temper Tantrum
It took six months for the association to get rid of the eyesore at CDC and Trigo Trail. We still do not know who made the decision to trim destroy the hedges right at the corner: Was it a resident's unilateral decision? Did the board authorize the...
The CotoBuzz Journal March 2007
Public Safety - A Job For the Gendarmerie Royale Du Coto de Caza! A Tribute to Mr. Morteza Manian On the First Anniversary of His Tragic Death
The CotoBuzz Journal February 2007
The Enemy Within Coto Caza: The CHP - CZ BODs
The CotoBuzz Journal January 2007
The Year in Review: According to the OC Register
The December 29 2006 issue of CanyonLife contains an article titled ?A Year in Review 2006?, breaking it down into five categories: Citations, Sorrow, Reality, Renewal and Change.
Coto de Caza General Board Meeting Minutes
Agreements, agreements, agreements.....a tale told by an idiot full of sound and fury, signifying nothing - apologies to the Bard
Obviously there was no vote of NO CONFIDENCE in Jerry Mezger which should have been the first order of business. August...
CZ Losers!: Here is a little something to remember me by - the Estates and the Villages
In a recent CZ Master Association?s newsletter, the president of the board of directors writes about his encounter with various presents left by pet owners in South Coto de Caza, and encourages residents to good citizens and use the doggie bags to remove...
CZ Master Association Alleged Corruption and Malfeasance
Responding to a Coto Discussion Forum, Mr. Morabito writes:Hello All: Since Dave asked me to be specific concerning Varo/Mezger corruption and malfeasance, I thought I would provide a list as follows:
The Fertilizer Option- Good Enough For London and For NYCXIs Coto de Caza Mindless, or In a NY State of Mind- Think of it as a fertilizer option for commuters
August 15, 2007 Michael Bloomberg, the mayor of New York, unveiled a plan April 22, 2007 delivered in a speech to mark Earth Day, pledging to make New York "a brighter, healthier and more economically prosperous city". Mr Bloomberg framed the...
The CotoBuzz Journal - July 2007 - CZ Master Association Transparency or Lack Thereof
CZ Master Association Transparency - Mr. ZippermanMr. Zipperman: As the new President of CZ, you really need to break with the Varo/Mezger past and culture of corruption if more transparency is really a goal you want to advance. Executive Session issues...
How many times must the CZ safety committee be formed before it can be called an association committee?
A 2006 CZ newsletter proudly announces that the ?CZ Master Association Champions Public Safety Committee?, During 2006 general CZ board meetings, the board appoints a chairman and various public safety committee members.A 2007 CZ stupid lawyer letter...
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...
CHP Patrol Hours Down, DUI-related Accidents Up: Coto de Caza Traffic Accident Trends - 1Q2007 - another Case of Cause-Effect
The California Highway Patrol (CHP) reports a total of 6 collision for the first quarter in 2007, one injury and 5 property damage only traffic collisions, for the un-incorporated area of Coto de Caza. Two of the collisions were DUI related.
Coto de Caza?s Bastard Child: Public Safety
In just 15 short months, the community witnessed the absence of the CHP for proactive traffic patrol followed by two tragic traffic accidents. In the last one, the board blamed the victim, although the teen driver eventually pleaded guilty.
More Homeowner Association Financial Audit Irregularities
Marina and Coto and other HOA residents may benefit from the GRF looking at independent financial audits.
From Safety Committee to Committee to Turn Coto de Caza Into a City - Overview
This brief starts with the firing of a volunteer (early 2006) Public Safety Chairperson for her refusal to give up her free speech rights and promote Coto for city, before public safety.The president of the CZ Master Association board promises to fire...
How many times must the CZ safety committee be formed before it can be called an association committee?
A 2006 CZ newsletter proudly announces that the ?CZ Master Association Champions Public Safety Committee?, During 2006 general CZ board meetings, the board appoints a chairman and various public safety committee members.A 2007 CZ stupid lawyer letter...
You Must Resign Your Seat on the CZ Master Association Board of Directors ? JM
Jerry: No, I won't live with it. You are now going to add legal cost to the Association; good for Harkins; bad for our members. It will make it impossible for you to serve on an equal basis with other CZ Board Members. You need to RESIGN - JM
The CotoBuzz Journal - July 2007 - CZ Master Association Transparency or Lack Thereof
CZ Master Association Transparency - Mr. ZippermanMr. Zipperman: As the new President of CZ, you really need to break with the Varo/Mezger past and culture of corruption if more transparency is really a goal you want to advance. Executive Session issues...
How many times must the CZ safety committee be formed before it can be called an association committee?
A 2006 CZ newsletter proudly announces that the ?CZ Master Association Champions Public Safety Committee?, During 2006 general CZ board meetings, the board appoints a chairman and various public safety committee members.A 2007 CZ stupid lawyer letter...
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...
CHP Patrol Hours Down, DUI-related Accidents Up: Coto de Caza Traffic Accident Trends - 1Q2007 - another Case of Cause-Effect
The California Highway Patrol (CHP) reports a total of 6 collision for the first quarter in 2007, one injury and 5 property damage only traffic collisions, for the un-incorporated area of Coto de Caza. Two of the collisions were DUI related.
Coto de Caza?s Bastard Child: Public Safety
In just 15 short months, the community witnessed the absence of the CHP for proactive traffic patrol followed by two tragic traffic accidents. In the last one, the board blamed the victim, although the teen driver eventually pleaded guilty.
More Homeowner Association Financial Audit Irregularities
Marina and Coto and other HOA residents may benefit from the GRF looking at independent financial audits.
From Safety Committee to Committee to Turn Coto de Caza Into a City - Overview
This brief starts with the firing of a volunteer (early 2006) Public Safety Chairperson for her refusal to give up her free speech rights and promote Coto for city, before public safety.The president of the CZ Master Association board promises to fire...
How many times must the CZ safety committee be formed before it can be called an association committee?
A 2006 CZ newsletter proudly announces that the ?CZ Master Association Champions Public Safety Committee?, During 2006 general CZ board meetings, the board appoints a chairman and various public safety committee members.A 2007 CZ stupid lawyer letter...
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...
Coto de Caza?s Nobility (aka: Keystone?s List of Prominent Coto Residents)
In the essay titled, Equus trailus patrolus publicus (horse trail patrols paid by the commonwealth) recently posted to this forum, we presented an argument for the reason the CZ board of directors recently decided to bring in the Gendarmerie Royale Du...
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...
2007 Coto de Caza Elections, Irregularities Off and Running!
Elections have not taken place yet, but irregularities have. Consider the title for this Request for Candidates sent by Keystone Pacific, dated February 1, 2007 (click here) , Then compare to list of CZ districts below. What is wrong with this picture...
Coto de Caza?s Public Safety, A Job For The Mounties - A Paraphrase of the Orange County Register ? But, why waste scarce, precious resources patrolling horse trails?XThe Mounties are Coming, the Mounties are Coming?.!X
It is no secret that the Orange County Register has been an ardent supporter of the Varo/Mezger administration. There is evidence that the editor collaborated with the board to silence critics, including the CotoBuzz Journal: The OCR board of directors...
Call for Coto de Caza Board Candidates - Any One But Varo/Mezger
Traditionally, the Coto de Caza elections are shrouded in secrecy, but has been ratcheted a few notches after Varo/Mezger showed up on the scene circa 2003. To add salt to the wound, there were a good number of irregularities during the 2006 elections,...
$150K Saving/Year for Automated Gates
The argument used to convert the North Gate access to an automated gate was that the community would save $150,000/year.As forecasted, today at around 2:00 pm, the North Gate was being worked on. Which means that if the North Gate was any kind of...
Blame it on the Sheriff, Gendarmerie Royale Du Coto de Caza
Following up on the Orange County Register's (February 16, 2007) story on the recent CZ Master Association board of directors' announcement of a "new and improved deployment of the roving private security patrol ?and mounted units of the Sheriff?s...
Coto, Ladera, 2006 Crime and Vandalism Trending
After much effort, and with many thanks to SSD/OCSD's Kristine Garcia and Teresa Roach, we finally have a comprehensive view of 2006 crime and vandalism for the un-incorporated communities of Coto de Caza and Ladera Ranch.
Coto de Caza 2006 Safety Round Up
We are happy to report that the number of traffic accidents in Coto de Caza continue to decline since the board of directors was coerced into bringing back the CHP for proactive traffic patrol as a consequence of the first traffic fatality (December...
Coto's North Gate and the Portland Weather Forecast Systemd)
For the longest time we have been wondering why it is that $2M/year for gate access control does not buy Coto residents a certain level of service and convenience. That is, when gates, such as the North Gate one, are not functional, residents should be...
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.
CZ Lawsuits Lessons Learned
Given the two consecutive yearly dues increases and the $2,000,000.00 "security" CZ Master Association budget, we decided to review the recent lawsuit against ( Tilley v. CZ Master Assn. (2005)132 Cal.App.4th 194a , -- Cal.Rptr.3d) the association for...
To Coto de Caza Country Club( CVCC) or not CVCC, that is the question - Another Increase in CZ Monthly Dues
Recently Coto de Caza residents received a marketing survey, from 30-year resident community resident, Randolph R. Brusca, asking members of the CZ Master Association whether they would be interested in joining a new and improved Coto de Caza club,...
Advertisement
Select Blogzz & click icon
BlogSpot FeedBurner CotoBlogzz BraveNet Y!360
Archived Issues
General Information
HOA Resources
Emergency numbers
Public Safety Resources
Crime Watch
Sex Offenders in the Area
Real Time Traffic Report
LA Times Orange County
Subscribe
- What is RSS?
Area Links
ORANGE COUNTY BLOGS:
R
To subscribe/unsubscribe to the CotoBuzz Journal or send Letters to the Editor : click here or send email to:
The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
Privacy Policy | Need Help? | Contact Us | Administrator: cotobuzz@yahoo.com
No comments:
Post a Comment