Details of DUI Lawsuit earns opprobrium for CZ directors

Details of DUI Lawsuit earns opprobrium for CZ directors

December 31, 2007

As details of a DUI- related accident start to emerge a crescendo to a steady buildup in calls for a CZ director to step down is being reached. The case in question (05CC02855) involves a traffic accident that occurred September 22, 2004 at the intersection of Vista del Verde and Mackenzie Lane. The defendant was visiting Coto de Caza as a guest of Coto de Caza Goldf Club, having earlier participated in a golf tournament. The CZ Master Association and its property management company are included in the list of the defendants.

Prior to details becoming public, it was argued by certain members of the CZ board of directors that the lawsuit filed against the CZ Association on 02/03/2005 and settled in May of 2007 cost the CZ Master Association nothing. Such assertions were at best misleading. After various requests for information, the CZ board of director’s president writes in part: “The Association was sued, and the insurance company defended the Association and settled the suit. The Association had a self-insured retention (“SIR”) obligation in the amount of $100,000.00, which the Association had paid during the beginning of the action. The insurance company paid all defense costs after the SIR was exhausted and the insurance company paid the settlement funds to the Plaintiff”.

The response from madam president simply re-ignites calls for the resignation of board member Robert Varo: “It appears that CZ ultimately paid $50,000 of the deductible as a result of a settlement with the parties involved in the case. … Bob Varo should resign immediately. Jerry Mezger blatantly lied about this case which demonstrates once again why he should have been recalled from office had he not resigned. Varo and Mezger exposed our Members to liability and danger on our streets. In addition to deaths from serious accidents on our streets during their watch, they have cost us money time and again by their incompetent management of the Association”, writes former CZ director and chairman of the Recall Mezger Committee.

The successful Recall Mezger Committee has now set up a website for those interested in the removal of R. Varo from the CZ master association board of directors.

Court document indicate that CZ Master defense relied almost exclusively on actions taken by previous board of directors. Whereas the actions related to the administration in charge when the accident occurred, may have been misleading, such as the implication that the Sheriff could legally be engaged in pro-active traffic enforcement in Coto de Caza during a period it was expressly forbidden by County ordinance. A quick review of Messrs Varo/Mezger show the following public safety legacy:

After taking control of the CZ Master association affairs,

The board fired the CHP for por-active traffic patrol, without a suitable alternative. The yearly accident rate doubled, culminating in two traffic fatalities in the community can calls for the re-hiring of the CHP.

The president of the board called CHP management “extortionists” during board meetings

The association refused to allow CHP management a few minutes of a board meeting for a public safety awareness announcement – turned control of meeting to trashy TV producers.

When concerned residents asked that a cityhood town hall meeting be changed to security, immediately after the first traffic tragedy, sans CHP patrol, the board cancelled the meeting an refused to let citizens use the facilities to discuss safety matters.

The association fired the largest private security company in the worlds (roughly $1.7 million/year contract) and replaced it with one of the smallest one in the region, without evidence of due diligence

The association fired a volunteer safety chairperson because she refuse to place the cityhood issue ahead of public safety, and refused to give up her free speech rights.

The association let road certification expire, rendering the re-hiring of the CHP for proactive traffic patrol useless – then blamed the expiration on a missing tickler file.

The association refused to produce public safety committee meeting minutes as dictated by civil code, arguing that either there was a non-existent public safety committee and/or there were no “actionable actions” taken.

CotoBlogzz Tagzz- use a social networking manager below to share this or any other article with others...more Other reasons why Mr. Varo should resign, according to Mr. Morabito are irregularities in CZ elections:
“Under Bob Varo we saw corrupt elections, failure to properly bid out major services, exposure to danger and liability on our streets, ignoring legal agreements,

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more subsidies going to outsiders as pay offs, loads of money wasted and now the final straw, the monies paid out in the Skendarian lawsuit that directly ties to Varo/Mezger actions.

Many have been sounding alarm bells concerning Varo/Mezger for years. Mezger is finally gone. Varo has to go TOO to bring ethics and sound management back to CZ.” If you would like to be kept informed or would otherwise like to help “bring back ethics and sound management to the association”, as Mr. Morabito says, write to: Help@RecallVaro.com

According to the Davis-Sterling act, campaigning for the removal of a director is allowed. Titleholders may campaign for removing directors from office, and directors may campaign against the recall. However, neither side is allowed to use association funding for their campaigns. Any access to association media must be granted equally.


Members may request a special meeting of the membership for the purpose of removing the entire board or individual directors by presenting a petition to the board signed by 5% or more of the membership. Corp. Code §7510(e) The right to call a meeting by 5% of the membership cannot be changed or eliminated by contrary provisions in the bylaws. Note: Corp. Code §7222 specifically refers to removal, as compared to petition and not recall. According to Vanitzian’s California Common Interest Development – Homeowner’s Guide “When attempting to remove the board of directors, titleholders must serve the board with the requisite documents or proxies requesting the removal of the board. In the context of removal of the board, petitions and proxies are two different instruments with two different purposes and should be treated accordingly.”



RELATED STORIES



Coto de Caza DUI Collision Lawsuit Notes
Case No 05CC02855 involves a traffic accident that occurred September 22, 2004 at the intersection of Vista del Verde and Mackenzie Lane (undisputed fact). The defendant was visiting Coto de Caza as a guest of Coto de Caza Gold Club, having earlier...

Coto de Caza DUI Collision (Skendarian) Lawsuit Settlement
According to court records filed in Superior Court in Orange County dated November 28, 2006, the Skendarian lawsuit settlement worked out includes:

When is a Homeowner Association Committee not a Committee?April 12, 2007

More than 85 cents of every CZ dues dollar goes to either the gardener or the private security guard. Regularly either the OC Register, the CZ newsletter or the CZ president’s letter extol the virtues of the gardener, the private security guard or the member of the landscaping or public safety committees.

It is Official! The Recall Mezger Movement is ON
The Recall Jerry Mezger (From the CZ Master Association board of directors) Movement is adding fuel to the fire by officially launching the Recall Jerry Mezger website: http://www.RecallMezger.com.

CZ BOD Readies for Rose Bowl ? goes long on trickeration playThe
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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...

Scrutiny of Community Journalists
The question is, what type of community journalism are you getting from your local reporter(s)? Community journalism can be viewed as a form of reporting news and information for a certain geographic area, with the purpose to serve the best interests of...



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...

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 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.

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

CHP DOES ITS JOB – CZ BOARD PLEASE DO YOURS! - Despite the public abuse the CHP has received from the Coto de Caza board of directors ever since the board was coerced into bringing the CHP back for pro-active traffic patrol, figures indicate that the CHP is doing its job: Trend for accident rate is down and close to pre-firing levels. Just as important, the number of Coto residents arrested for DUI is down. See chart below for actual accident rate.

Law Enforcement – Evil, Necessary Evil, Or Noble Profession and Role Model? In open societies, we posit that law enforcement follows Winstren’s Law: Law Enforcement Goes Where it is Needed and Stays Where it is Wanted

Breaking News: 2007 CZ Elections Results now Available from the CotoBuzz Journal! We can now predict with a reasonable degree of accuracy the results of the 2007 CZ Master Association Board of directors. The theme for the 2007 elections? Big Change!

Auditioning For a New Board or Getting Ready for the 2008 CZ Elections In the Delegates Corner column of the June 2007 issue of the CZ Newsletter (CotoVoice), a direct reference is made to the Coto Discussion Forum and characterized as a platform for “constant barrage of nastiness directed at public officials in the print and electronic media serves no useful purpose”, echoing previous interpretations of the (Jerry Mezger) meaning of the 2007 CZ elections that the entire community has tuned out and no one reads the blogs. CZ election results and record breaking May 2007 blogzz activity tell a significantly different story, however.

HOA Petitions – The Right Way and the Wrong Way We just received our own copy of D. Vanitzian’s California Common Interest Development Homeowner’s Guide and started to devour it. Given that the 2007 CZ Master Association board of directors elections are scheduled to use cumulative voting and a delegate system the state legislature has outlawed and that we have

CZ Master Association Board of Directors Candidates Night ? A Voice Of Reason
Vince Hylka emerges as a breadth of fresh air, not seen in a CZ board of directors in years! The traditional annual meeting where delegates meet to hear candidates to the CZ Master Association board of directors prior to deciding how to cast their...

Paraphrasing the OC Register on coverage of CZ Master Association Candidate?s Night.
In the article titled Delegates meet HOA board candidates, published May 17, 2007, new OC Register community reporter states that ?a moderator asked a range of questions that covered issues including security, direct voting, the possible installation of...
DaVaro Deception - Law and Order ! We don’t need no stinkin' law, WE are the law! VARO/MEZGER/HILL: Hell now, won’t go! – we will not leave the Coto de Caza board under any circumstances! Besides public safety, what has sparked the interest of several Coto Discussion Forum participants and CotoBlogzz readers is the issue of direct democracy within Coto de Caza. That is, given that recently the state legislature passed SB61 intending to obsolete a most corrupt district delegate and cumulative voting process, the question is, why did the Varo/Mezger/Hill board not adopt direct elections for the 2006-2007 board of directors elections? The response from the board was that there was simply not enough time.






























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What does “fire” mean – it all depends what “is” is

December 30, 2007

There is the paper airplane analogy, the 4-minute mile, or even Pat Riley’s 1%. In all these cases, the moral of the story is that in order to success, we must select the path less traveled by setting a bar so high, that casual competitors would never even dream reaching it . Then along comes President Clinton, setting the bar so low for integrity when he attempts to define what “is” is. More recently Presidential Candidate Governor Mit Romeny is redefining what “seeing” means – as in “you do not have to be there to “see”. Senator Barack Obama is defining what he means when he says he is not accepting money from lobbyist and closer to home, the Laguna Woods Village Third Mutual may try to define what “basic” means – as in, a director can be removed by simple resolution of the board if that director does not meet basic qualifications – wink, wink. Or what about direct democracy is Coto de Caza – say by changing CC&Rs to allow district delegates to say in office not one year, but two!

What about defining the terms “fire” and “dead”? Consider the following scenarios:

Defining what “fire” means:

A lawyer purchased a box of very rare and expensive cigars, then insured them against fire, among other things. Within a month, having smoked his entire stockpile of these great cigars and without yet having made even his first premium payment on the policy, the lawyer filed claim against the insurance company. In his claim, the lawyer stated the cigars were lost "in a series of small fires." The insurance company refused to pay, citing the obvious reason that the man had consumed the cigars in the normal fashion. The lawyer sued.. and WON! In delivering the ruling, the judge agreed with the insurance company that the claim was frivolous. The judge stated nevertheless, that the lawyer "held a policy from the company in which it had warranted that the cigars were insurable and also guaranteed that it would insure them against fire, without defining what is considered to be unacceptable fire" and was obligated to pay the claim. Rather than endure lengthy and costly appeal process, the insurance company accepted the ruling and paid $15,000 to the lawyer for his loss of the rare cigars lost in the "fires". After the lawyer cashed the check, the insurance company had him arrested on 24 counts of ARSON!!! With his own insurance claim and testimony from the previous case being used against him, the lawyer was convicted of intentionally burning his insured property and was sentenced to 24 months in jail and a $24,000 fine.

CotoBlogzz Tagzz- use a social networking manager below to share this or any other article with others...more Defining what “dead” means.
A defending attorney was cross examining a coroner. The attorney asked, "Before you signed the death certificate had you taken the man's pulse?"

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The coroner said, "No." The attorney then asked, "Did you listen for a heartbeat?" "No." "Did you check for breathing?"

"No." "So when you signed the death certificate you had not taken any steps to make sure the man was dead, had you?"

The coroner, tired of the browbeating said: "Well, let me put it this way. The man's brain was sitting in a jar on my desk. But for all I know, he could be out there practicing law somewhere."



To confirm if a story is true or it is a hoax, check: Snopes.com







RELATED STORIES

Breaking News: 2007 CZ Elections Results now Available from the CotoBuzz Journal! We can now predict with a reasonable degree of accuracy the results of the 2007 CZ Master Association Board of directors. The theme for the 2007 elections? Big Change!

Auditioning For a New Board or Getting Ready for the 2008 CZ Elections In the Delegates Corner column of the June 2007 issue of the CZ Newsletter (CotoVoice), a direct reference is made to the Coto Discussion Forum and characterized as a platform for “constant barrage of nastiness directed at public officials in the print and electronic media serves no useful purpose”, echoing previous interpretations of the (Jerry Mezger) meaning of the 2007 CZ elections that the entire community has tuned out and no one reads the blogs. CZ election results and record breaking May 2007 blogzz activity tell a significantly different story, however.

HOA Petitions – The Right Way and the Wrong Way We just received our own copy of D. Vanitzian’s California Common Interest Development Homeowner’s Guide and started to devour it. Given that the 2007 CZ Master Association board of directors elections are scheduled to use cumulative voting and a delegate system the state legislature has outlawed and that we have

CZ Master Association Board of Directors Candidates Night ? A Voice Of Reason
Vince Hylka emerges as a breadth of fresh air, not seen in a CZ board of directors in years! The traditional annual meeting where delegates meet to hear candidates to the CZ Master Association board of directors prior to deciding how to cast their...

Paraphrasing the OC Register on coverage of CZ Master Association Candidate?s Night.
In the article titled Delegates meet HOA board candidates, published May 17, 2007, new OC Register community reporter states that ?a moderator asked a range of questions that covered issues including security, direct voting, the possible installation of...
DaVaro Deception - Law and Order ! We don’t need no stinkin' law, WE are the law! VARO/MEZGER/HILL: Hell now, won’t go! – we will not leave the Coto de Caza board under any circumstances! Besides public safety, what has sparked the interest of several Coto Discussion Forum participants and CotoBlogzz readers is the issue of direct democracy within Coto de Caza. That is, given that recently the state legislature passed SB61 intending to obsolete a most corrupt district delegate and cumulative voting process, the question is, why did the Varo/Mezger/Hill board not adopt direct elections for the 2006-2007 board of directors elections? The response from the board was that there was simply not enough time.






























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CZ BOD Readies for Rose Bowl – goes long on trickeration play

CZ BOD Readies for Rose Bowl – goes long on trickeration play

The video taping of board meetings were cancelled for “being too expensive” –in reality much less than any CZ subsidy and certainly much less than the cost of this trickeration play

December 29, 2007

Boise State launched the Trickeration triad to win the Fiesta Bowl last Jan. 1: the hook and lateral, the halfback pass and the Statue of Liberty This triad has been characterized as the crescendo to a steady buildup in boldness from college coaches in recent years: high-risk, high-reward play calling – Consider the USC-Notre Dame Game(USC 34, Notre Dame 31) Oct. 15, 2005: Underdog Fighting Irish go for a fourth-and-1 from their own 29 in the first quarter. Top-ranked Trojans go for a fourth-and-1 from their own 19 in the third. USC throws deep on fourth-and-9 in the final minute, game on the line. And finally, USC puts its long winning streak on the line, saying no way to the tie while down three and on the ND 1-yard line with seven seconds left. Matt Leinart sneaks in (assisted by the Bush Push), for the winning touchdown.

And the trickeration train had left the station:

Sept. 28, 2006: Auburn 24, South Carolina 17. The favored Tigers begin the second half with a grinding, 17-play field goal drive for a 17-10 lead -- then turn right around and try an onside kick. Auburn overcomes and otherwise insurmountable 24-10 advantage.

Dec. 29, 2006: Oregon State 39, Missouri 38, in the Sun Bowl. Down 38-24 with eight minutes to play, the Beavers pull off two clutch touchdown drives to win.

Dec. 30, 2006: Georgia 31, Virginia Tech 24, in the Peach Bowl. Down 21-3, the Bulldogs march for a field goal, then immediately onside kick and recover going on to a enjoy a 28-point second-half and an upset victory.

Then on December 28, 2007 coming off, of a successful political assassination attempt, and after years of refusing to comply with state law to conduct direct elections, because “it is too expensive to set up a process to eliminate fraud”, the CZ Master board of directors goes long, when most residents are away for the Christmas/New Year festivities (reminiscent of the cancelled, January 6, 2006 cityhood meeting and subsequent refusal by the Mezger/Varo boards to allow residents to hold a security town hall meeting instead - right after the first traffic fatality in the community ) to maintain a corrupt delegate system:
According to the December 28, 2007 CZ Notice of special meeting of the delegates of the CZ master association, the board adopted a resolution to call a special meeting of the delegates of the CZ Master association.

CotoBlogzz Tagzz- use a social networking manager below to share this or any other article with others...more “The purpose of the special meeting is to permit delegates to cast votes on a specified action consisting of proposed amendments to the association’s CC&Rs and Bylaws”, reads the letter.
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One side effect of the proposal is that the corrupt delegate system will live on, despite calls for direct democracy, lending credence to deposed CZ president Steven Zipperman when he predicts that the notion of direct elections in the CZ Master will seem like distant memories in the near future.
Just consider how much money is being spent in this trickeration play, when at the same time the board argued for stopping the video taping of board meetings for “being too expensive” – much less than any subsidy to any organization and certainly much less than the cost of this trickeration play.

Seems like the CZ Master board of directors is al set for the Rose Bowl with all the necessary trickeration to maintain a corrupt electoral system.






RELATED STORIES

Breaking News: 2007 CZ Elections Results now Available from the CotoBuzz Journal! We can now predict with a reasonable degree of accuracy the results of the 2007 CZ Master Association Board of directors. The theme for the 2007 elections? Big Change!

Auditioning For a New Board or Getting Ready for the 2008 CZ Elections In the Delegates Corner column of the June 2007 issue of the CZ Newsletter (CotoVoice), a direct reference is made to the Coto Discussion Forum and characterized as a platform for “constant barrage of nastiness directed at public officials in the print and electronic media serves no useful purpose”, echoing previous interpretations of the (Jerry Mezger) meaning of the 2007 CZ elections that the entire community has tuned out and no one reads the blogs. CZ election results and record breaking May 2007 blogzz activity tell a significantly different story, however.

HOA Petitions – The Right Way and the Wrong Way We just received our own copy of D. Vanitzian’s California Common Interest Development Homeowner’s Guide and started to devour it. Given that the 2007 CZ Master Association board of directors elections are scheduled to use cumulative voting and a delegate system the state legislature has outlawed and that we have

CZ Master Association Board of Directors Candidates Night ? A Voice Of Reason
Vince Hylka emerges as a breadth of fresh air, not seen in a CZ board of directors in years! The traditional annual meeting where delegates meet to hear candidates to the CZ Master Association board of directors prior to deciding how to cast their...

Paraphrasing the OC Register on coverage of CZ Master Association Candidate?s Night.
In the article titled Delegates meet HOA board candidates, published May 17, 2007, new OC Register community reporter states that ?a moderator asked a range of questions that covered issues including security, direct voting, the possible installation of...
DaVaro Deception - Law and Order ! We don’t need no stinkin' law, WE are the law! VARO/MEZGER/HILL: Hell now, won’t go! – we will not leave the Coto de Caza board under any circumstances! Besides public safety, what has sparked the interest of several Coto Discussion Forum participants and CotoBlogzz readers is the issue of direct democracy within Coto de Caza. That is, given that recently the state legislature passed SB61 intending to obsolete a most corrupt district delegate and cumulative voting process, the question is, why did the Varo/Mezger/Hill board not adopt direct elections for the 2006-2007 board of directors elections? The response from the board was that there was simply not enough time.






























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DUI Checkpoint in Mission Viejo, Dec. 28, 2007

DUI Checkpoint in Mission Viejo, Dec. 28, 2007

The Orange County Sheriff’s Department will be conducting a DUI/Drivers License
Checkpoint in the City of Mission Viejo on Friday, December 28, 2007, from 7:00 p.m. until 3:00 a.m.

The checkpoints are part of a grant the Sheriff’s Department received from the State of California Office of Traffic Safety, and are set up to target drivers who are driving a vehicle without a driver’s license and / or under the influence of drugs or alcohol.

The goal of the program is to reduce the rate at which the citizens of Orange County are killed or injured. Through implementation of these events, the Orange County Sheriff’s Department hopes to significantly reduce deaths, injuries, and property damage

Scrutiny of Community Journalists

The Scrutiny of Community Journalists

The question is, what type of community journalism are you getting from your local reporter(s)?



December 26, 2007


Community journalism can be viewed as a form of reporting news and information for a certain geographic area, with the purpose to serve the best interests of the community - a vehicle for journalists working with citizens, communities and institutions for social change. However, change is not what local governing bodies usually want or advocate, - in fact, we have witnessed several "political assassinations in efforts to maintain the status quo - we have seen several hence the need for the adoption of watchdog journalism when engaging in edifying community journalism.

Watchdog journalism refers to forms of activist journalism aimed at holding accountable public personalities and institutions whose functions impact social and political life, as compared to lapdog journalism, used as a conceptual opposite to watchdog journalism. Tools of the trade include community Immersion and affinity groups.

During community immersion, reporters live or spend time in the community to study its geography, demographics, determine citizen needs, interests, aspirations, and generally to interact with community members as a step towards building trust, whereas community conversations take place in affinity groups, such as the Coto Discussion Forum or the LagBolgzz – Laguna Woods Village Discussion Forum. Community conversations allow journalists to probe for insights without becoming intrusive or invasive.

The Nieman Foundation for Journalism at Harvard University was founded in 1938 "to promote and elevate the standards of journalism in the United States."

The premise that great questions are a key to great journalism and that the goal of watchdog journalism is to see that people in power provide information the public should have drive the Nieman Watchdog Journalism Project - “The Nieman Watchdog Journalism Project grows from this premise and this goal: to help the press ask penetrating questions, critical questions, questions that matter, questions not yet asked about today's news” (NiemanWatchdog.Org, 2007).

Given the widespread “paraphrasing” of community news, and that arguably, the fastest growing form of housing in the United States, since the mid-1960s, is common-interest developments (CID/HOAs), a category that includes planned-unit developments of single-family homes, condominiums, and cooperative apartments - the Community Associations Institute (CAI) trade association estimated that HOAs governed 23 million American homes and 57 million residents in 2006 – we apporached the editors of the NiemanWatchdog.Org Web site suggesting watchdog journalism for community reporters covering CID/HOAs. The editors were receptive, thought the idea had merit and asked us to prepare a set of questions for local governing bodies listed below.

The question is, what type of community journalism are you getting from your local reporter(s)?

COMMUNITY WATCHDOG JOURNALISM QUESTIONS



1. QUESTION: How do you know that you (the board of directors) are providing the best possible service?

REASONING: Most responses will focus on cosmetics rather than on the substantive. Such as “based on recent surveys”, etc.

We recommend that HOAs manage to the Triple constraint. That is, they need to develop a Scope of Service so that homeowners know what to expect from their association fees. Then, clear instructions are issued to the property manager, and legal counsel. Board of directors with limited business experience will manage to the “legalese”, rather than common sense, and thus the legal fees go through the roof.

A HOA’s budget is a function of the Scope of services rendered, legal counsel and property management competence. This is illustrated by the equilateral triangle below. In order for the HOA board of directors to cost efficiently improve the quality of services while increasing the budget, property management and legal cost must be constrained. In most cases, the budget increases, but the increase is consumed in either legal fees or property mismanagement (Financial Controls Manual)








2. QUESTION: Do you consider your community safe? What percentage of your association fees is allocated to security? How do they compare to the fees paid by the Safest City in America such as Thousand Oaks, California population 110,00 $2,200,000/year security budget (2005)

REASONING: In general, HOAs spend 25-30% of their yearly budget on security, then typical governing documents specifically say that "the association does not provide any security". The management structure lends itself quite nicely to mismanagement, fraud or both. For example, it is not unusual to witness turf battles between the property management and the security company. Most security companies invoice for their services based on time sheets. However, most security companies do not have a “time and attendance audit program” and in fact, we know of one who has directed employees not to document tardiness or absences. These instructions came after the same company over-invoiced the property management for $168,000. The property manager did not detect the error

Other attributes associated with HOA security programs are:

Gated communities are intended to provide security by removing the crime of opportunity - ones we are familiar with provide an opportunity for crime!

Lack of comprehensive Scope (Information Security Study )

Security focuses on CC&R enforcement at the expense of asset protection

Most of security violators (theft, vandalism) is perpetrated by a small number of homeowners (not outsiders)

Most if not all security programs do not consider safeguarding homeowner confidential information (Security Audit Template, How to safeguard resident’s personal information)

Cost of a typical “HOA safety program) is over 1,200 times more than that spent per capita by the city of Thousand Oaks, CA

3. QUESTION: How often do you use consultants? How do you decide which consultants to use?

REASONING: Most HOA directors do not have any practical business experience. At best, their qualification may be to have memorized archaic regulations contained in the governing documents (CC&Rs). Typical organizations do not have actionable due diligence plans, resulting in the blind-leading-the-blind syndrome. ( Due Diligence IT Template)

4. QUESTION: Are you concerned with conflict of interest or fraud within the HOA? Are directors required to sign a Rights and Responsibilities document? Are Board of director’s candidates required to be certified?

REASONING: Apple pie question, with predictable response. The facts are that HOA are an excellent target for rampant conflict of interest, fraud, etc. This may be due to naiveté, incompetence, greed, or all of the above. Aside from audit reports issued by an independent accounting firm, there is no systemic methodology or know-how available to the HOA directors to prevent fraud, or conflict of interest (Accounts Payable Audit Template)

If Peter’s Principle can be applied to the corporate world, the HOA principle applies here when selecting a HOA board of directors!

5. QUESTION: Who typically runs your HOA meetings? Elections?

RESPONSE: More often than not, legal counsel and/or management company representatives, rather than directors, manage meeting and elections. A case of the fox guarding the hen house?



6. QUESTION: How do you fight apathy? How do you build a shared vision?

REASONING: Invariably, HOA board of directors likes to discuss controversial subject behind closed door. The California Civil Code (1363.05c). States that all owners have the right to attend all meetings of the Board other than when one of 5 topics (see below) is being discussed.

For all such meetings they need to give all owners a minimum of 4 days notice. Further they need to general note any matter discussed in executive session in the minutes of the immediately following meeting that is open to the entire membership

i) Ongoing litigation

ii) Formation of contracts with third parties (not performance issues under such contracts)

iii) Member Discipline

iv) Personnel Matters

v) Consideration of a request from a past due member for a Payment Plan

In general owners are not encouraged to attend meetings, they do not received meeting minutes and have difficulty getting access to audited financial results, and when confronted, independent auditors typically refer you back to the board of directors.

7. QUESTION: What do you do to minimize legal action within the Association?

REASONING: If we live in a litigious society, this is not much more evident that when you are part of a HOA. You have neighbors suing each other, suing the board, the property manager and vice versa.

8. QUESTION: How do you build a sense of pride in the community?

REASONING: There are countless factors affecting how one builds a sense of community within a HOA, including demographics, local county government, residents and the board. The best way to create pride in the community is resident involvement and having a shared vision. However, if such involvement is a function of the current board, the results will be as expected, partisan.

9. QUESTION: Do members of the community trust that a legitimate violation of the CC&Rs will be handled in a professional manner?

10) QUESTION: Do you think your county taxes and your homeowner dues are
about balanced? Would you rather have a town tax and no county tax? (If questions are within a town or city, ask the questions the other way around) Would you rather have a county tax and a village tax, and no homeowner dues?



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Blue Christmas Kith For Attorneys? - the Making of Docile Lawyers

Blue Christmas Kith For Attorneys? - the Making of Docile Lawyers

That lawyers are among the most miserable of men – an women – is well known



December 26, 2007


While the Ghost of Christmas past is still stored in our short-term memories, we are reminded that Blue Christmas is all too familiar to a number of people, but perhaps no more so than lawyers.


Harvard-trained, UCLA Law professor Sharon Dolovich, while a student at Harvard Law School wrote a piece titled "Making Docile Lawyers: An Essay on the Pacification of Law Students.", The piece is a "social psychology analysis of what happens to students at HLS to transform them from enthusiastic, engaged first year law students into fatalistic and pacified upper year students."


Maura A. Flood at Gonzaga Law School comments on Dolovich’s piece “I am certain that the effects she describes are felt by nearly every law student in nearly every law” and asks a rhetorical question: “Do law professors set out to create docile and demoralized lawyers? Of course not, but somehow it happens anyway…Could it have something to do with the fact that "justice" is a word that seldom makes its way into the first-year curriculum? I think it might. So many of the articles on first-year malaise, or law student angst, mention that students end up feeling set adrift from their values and beliefs, or made to feel that those values and beliefs are irrelevant”. A brief look at any university catalog clearly indicates that something similar happens in any field of study – that is, the first couple of years are replete with general education subjects that lead some students to ask something along the lines of “….why do I have to study art, my major is Engineering..!”, for instance.


“That lawyers are among the most miserable of men – an women – is well known”, writes WSJ columnist Sue Shellenbarger in the December 13, 2007 issue of the Wall Street Journal, citing widely quoted statistics from leading researcher on the subject, University of Ariozan’s Connie Beck: “Some 19% of lawyers suffer depression at any given time, compared with 6.7% of the population as a whole”, while Ronda Muir, Esq., a senior consultant with Robin Rolfe Resources and with law-practice experience in the US and Europe and an advanced study in psychology and conflict resolution has the following words of wisdom:

In general, lawyers score below the national average in emotional intelligence

Consider reverse psychology “You probably won’t….” might be a challenge the lawyer takes, Ms. Muir suggests

Lawyers are highly sensitive to criticism and likely to be defensive.

Do not play devil’s advocate, unless you can do so tactfully

Avoid emotional plays

Shellenbarger’s piece describes how “chronic anxiety over his work as an attorney snet Dan Lukasik skidding into a clinical depression”. Since then, and against friend’s and colleagues advice, Lukasik has come out of the closet by posting Lawyers With Depression, a website to help depressed lawyers. In his own words, “When I searched on-line for materials to read that would support me in my attempt to cope with depression and my law practice, what I found was sometimes helpful, but in the end, not sufficient” The site contains a number of bird of a feather articles and a number of tools to battle depression, including links to test for depression: Questionnaire, Treatment


Now that the closet is wide open, let us all have a prosperous 2008!



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Group pushing to incorporate opulent enclave

Group pushing to incorporate opulent enclave



December 25, 2007



A drive for cityhood is afoot in an opulent community, where average home prices are by far the highest in the county and where the U.S. Census Bureau in 2002 declared per capita income as the highest in the nation, writes Adam Kaye, a staff with the North County Times.

Kaye continues: “Proponents of cityhood, which in government lingo is called "incorporation," say the community could better protect its rural environment if it were self-ruled. They say a city could create its own police force and better maintain and manage traffic in the sprawling estate-filled community. To pay for such services, a new tax would appear on utility bills and fees would be levied against new development”

Kaye does not mention if the county has agreed to pay for a Hoffman Study, likely used more as propaganda to convince residents that cityhood is good for the community. However, the writer points out that: “While no opposition group has formed to challenge the incorporation drive..”, quoting a resident that cityhood proponents are "hyping a big idea that doesn't really have merit, and at the end of the day, we'd end up paying considerably more than we're spending now." Kay also points out that this cityhood movement is not unique: ”This isn't the first time the community has tried to incorporate. A cityhood proposal appeared on the ballot in 1987 and 73 percent of voters rejected it”

For all intents and purposes, the community's association is the governing body, and we understand courts have ruled this to be the case in many instance – some board we have known, have treated the association more like a personal fiefdom, where law and order applies only to those not on the List of Prominent Residents. Kaye notes that “while the association's board conducts regular meetings that look and sound much like those of a city council, the association is not bound by the state's sunshine laws requiring government transparency"

A Laguna Woods Village resident writes in response to Kaye’s article: “maybe someone from over there at leisure world might want to relay some information to those poor homeowners out there in as to the PERILS OF INCORPORATION.. before its too late?

Oops, we thought Kaye was writing about the CZ Master Association, and the cityhood initiative Mr. Robert Varo promised would be at the top of the priority list for the new CZ Master board of directors – the one where the CZ board told residents a Hoffman Report was to be underwritten by the Orange County Board of Supervisors at the tune of $20,000, and the same one the Orange County Boards claims to not know anything about…. Kaye is actually writing about Rancho Santa Fe


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CHP Officer Arrested, Held on $4 million Bail at the Orange County Jail

CHP Officer Arrested, Held on $4 million Bail at the Orange County Jail.

December 24, 2007


According to the Orange County District Attorney (OCDA), the OCDA and Santa Ana Police Department, in cooperation with the California Highway Patrol (CHP), arrested Joshua Blackburn, a CHP officer and recovered several kilograms of cocaine that had been stolen from CHP headquarters in Santa Ana.

Blackburn, a 6-year veteran of CHP, is being held on $4 million bail at the Orange County Jail. The OCDA will be filing charges and the defendant will be arraigned on Wednesday, December 26, 2007.

On December 21, 2007 at about 4 a.m., officials at the CHP office in Santa Ana discovered a break in their evidence locker room. There were signs of forced entry. CHP immediately notified Santa Ana Police who asked OCDA to head the investigation. The stolen cocaine was evidence involving another incident in which two suspects were arrested. The original case involving the cocaine is still pending.

During the early morning hours of December 21, 2007, Blackburn is accused of breaking into the evidence room, taking the cocaine, and hiding it. OCDA investigators have recovered all of the stolen cocaine, which had a wholesale value of $1 million.


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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...



Coto de Caza CC&Rs and Potential Federal Law Violations
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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A Passel of the F-Word in OC Politics, more popular than in Rap "Music"

A Passel of the F-Word in OC Politics, more popular than in Rap "Music"



December 22, 2007

The F-word in Orange County politics seems to be more popular than ever before. More popular than the F-word used in Rap Music or the F-Word used in the recent mortgage meltdown.

In the article titled Fraud Seen as Driver in Wave of Foreclosures published in the December 21 issue of the Wall Street Journal, Michael Corkery asserts that “skyrocketing foreclosures are a testament to how easy it was to borrow money from mortgage lenders in recent years”. He describes how criminals obtained some $6.8 million from Bear Stearns Cos., “including a $1.8 million mortgage to Calvin Wright”, a phone technician who told “the investment banker he and his wife earned more than $50,000 a month”.

In Orange County, there is Treasurer-Tax Collector Chriss Street, who nearly tripled the county's stake in controversial securities, other local governments avoid, bringing back memories of the recent county bankruptcy. We recall that a few months back, Nick Berardino, General Manager of the Orange County Employee’s Association called for a non-partisan effort to Recall Street. That was followed by Supervisor Moorlach’s,- Street’s long-time friend- request for Street to step down, or be stripped of investment authority. The DA recently issued subpoenas specifically asking if the Board of Supervisors was asked to approve any of the spending, perhaps looking into how Street and the facilities department skirted state and county bidding rules by splitting Street's remodel job into dozens of small jobs.

Then there is the sexual harassment lawsuit against supervisor Chris Norby. A state appellate court recently overturned a jury's finding, but ordered a new trial to determine how much in damages the alleged victim should get for being wrongfully terminated. "While we do not condone Norby's improper behavior, Mokler failed to present sufficient evidence of acts 'sufficiently severe or pervasive to alter the conditions of her employment and create an abusive working environment," the justices wrote.

Weeks earlier, however, Norby was providing uncalled for advice to Sheriff Mike Carona: “The federal criminal indictment against Sheriff Michael Carona has placed a cloud over Orange County’s largest department. Only the Sheriff can lift this cloud by resigning his position and allowing the Board of Supervisors to appoint new leadership. So far he is seeking vindication through the looming trial, but the judicial process may take many months and will, at the very least, reveal serious issues in the department’s leadership.”

Even earlier, the Orange County Board of Supervisors had settled on a “no-confidence vote”, calling for an oversight board to reign in on the Sheriff. "Specifically, what the Sheriff and Sheriff's command staff objected to was the tact and the direction Supervisor Moorlach was taking to move his proposal forward…. based on what was said during the discussion in May, it appears that Supervisor Moorlach's original proposal for law enforcement oversight was created in secret, with little discussion or participation from members of the Board and the law enforcement officials his proposal would effect”, reads an entry in the OC Sheriff’s blog

Just this week, The County of Orange paid $7 million to the federal government to settle allegations that the county’s Health Care Agency (OCHCA) submitted false bills to Medicare for mental health and drug addiction services from 1990 to 1999. According to the settlement, the OCHCA improperly billed Medicare for psychiatric evaluations that were not performed by doctors, clinical psychologists or licensed clinical social workers, engaged in a billing practice where brief office visits were described as more lengthy, intensive office visits in order to receive higher compensation. Still incredulous, we decided to prove that the OCHCA’s actions were an isolated instance. To our surprise, this seems to be a daily occurrence as documented in the website Medicare’s Most Wanted. Here are just a few of the entries we found, without really trying:

· December 10. 2007- Arthur Pilavyan, of Altadena, CA, gets 10 year prison sentence & was ordered to pay $7 million in restitution to the federal health care program.

· Monday, December 17, 2007 - Dr. Jose Joaquin Rodriguez has been arrested by law enforcement investigators with the attorney general's Medicaid fraud control unit in Miami.

· Monday, December 10, 2007 - New Jersey Hospital to Pay US $7.5 Million to Resolve Medicare Fraud Allegations.

· Friday, December 7, 2007 - Christian Onwuegbusi, 56, was sentenced to 15 years in prison on Wednesday for stealing more than $900,000 from the Medicare program.

As if all this was not enough, Phillip Greer, a Lawyer to key Orange County Republicans was disciplined by state bar, according to an article published December 21, 2007 in the Los Angeles Times. According to the article, “Greer, who advised a county official to set up a secret fund later ruled illegal, had twice been ordered to take ethics classes. Janet Nguyen was barely losing the February election for county supervisor…. she did what many Orange County Republicans do when they need election law advice. She hired Philip Greer”



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Unscrupulous Actions
The question is, what do these unscrupulous actions have to do with Orange County, or Coto de Caza for that matter? - Do they provide a lenitive effect?Irreconcilable conflict of interest. In Wade Vs. Soo Line Railroad, a routine worker?s compensation...

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The Chief's Corner, or the Chief in a Corner?- Chiefly, Mum is the Word on Coto de Caza Public Safety Awareness
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Audit of Sheriff Carona?s Travel Expenses Requested by Undersheriff Galisky- It is worth mention that none of the federal charges demonstrate any systemic misuse or abuse of department funds- OC Undersheriff Galisky
Undersheriff Jo Ann Galisky on Tuesday requested County Auditor/Controller DavidSundstrom to review Sheriff Carona?s recent travel and spending accounts. The requestwas not based on any suspicion of misspending but it was an act of due diligence...

Who Shot the OC Sheriff? - OCBOS!
In a vote reminiscent of the CZ Master Association Board of Directors calling the CHP extortionists during open board meetings, the Orange County Board of Supervisors voted 5-0 today to develop a plan for a plan to form a civilian review panel to oversee...

If from a Twit, You Must Acquit! ? and the Sheriff?s Defense
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All the Sheriff?s Horses and all the Sheriff?s Men?.
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Who Shot the Sheriff? ? Apparently the G-Word!
In an indictment unsealed today, Sheriff Michael Carona is charged with seven felony counts and faces two counts of witness tampering, allegedly for attempting to persuade a former assistant sheriff to lie to a federal grand jury.

WHAT COTO DE CAZA NEEDS FROM SUPERVISOR BATES
The reality is that we need just two things from Supervisor Pat Bates that should justifiably be funded by the county given the tax dollars that we pay. They are about $240,000 a year of pro-active Sheriff and/or CHP traffic patrols in Coto to deal with...

The Sheriff is coming, the Sheriff is Coming! ? CZ Board to old tricks again?X
?I reviewed the 3Q2007 statistics and it definitely shows patrols work, said CHP Spokesperson Christopher Goodwin?, when asked what he thought about the most recent collision statistics.
Consistent with the output of the River Rock Muti-Purpose...

































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Coto de Caza: 4Q2007 Crime and Vandalism Flash Report

Coto de Caza: 4Q2007 Crime and Vandalism Flash Report

The CZ Board will not do it - Here is to you Coto Dad - keep it up!



December 20, 2007



The bad news is that the 3Q2007 flash crime and vandalism report showed a troubling upward trend, particularly when crime and vandalism rate per capita in Coto de Caza was twice that of Ladera Ranch.



The good news is that the 4Q2007 flash report indicates a significant dip, similar to the one we have seen anent traffic collisions

4Q2007 Flash Crime and Vandalism Report - Source: OCSD

Given that in spite of the CZ board of directors' failure to even consider the advice of CHP's Lt. Helzig to reduce traffic collisions (instead call CHP extortionists, refuse to allow time from a board meeting for a public awareness announcement by CHP management, but turn complete control of an entire board meeting to trashy TV producers, for example), and that the CHP enforcement hours are down some 60% from 2007, and yet the traffic collisions are in a downward spiral, we concluded that Coto parents must be taking public safety matters into their own hands.

Something similar seems to be happening with crime and vandalism in the commnity. Despite periodic promises from the CZ board of directors that The Sheriff is coming, Sheriff enforcement hours are negligible. We have asked Lt. Griffin for the number of enforcement hours per month to correlate with the figures about, but we have not had a response. Hence, here is to you Coto Dad - keep it up!

A significant difference observed in the 3Q2007 between the two communities is in the age group of those involved in reported infractions. Of three age groups: 20 years and under, 21-29 and 30 years and over, in Ladera Ranch, the mid-range age is responsible for 40% of the reported incidents, whereas in Coto de Caza, the age group of 20 and under is responsible for a whopping 42% of the incidents!. For the 4Q3007 flash report, the Coto de Caza figures have change little: 20 and under = 43%, 29-21=23% and 30+ = 35%

3Q2007 Age Group Ladera Ranch Coto de Caza
Age Group 20 years and under
29-21

30 and over
24%
40%

36%
42%
25%

33%






4Q2007 Age Group Ladera Ranch Coto de Caza
Age Group 20 years and under
29-21

30 and over
NA
NA

NA
43%
23%

35%











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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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CHP DOES ITS JOB – CZ BOARD PLEASE DO YOURS! - Despite the public abuse the CHP has received from the Coto de Caza board of directors ever since the board was coerced into bringing the CHP back for pro-active traffic patrol, figures indicate that the CHP is doing its job: Trend for accident rate is down and close to pre-firing levels. Just as important, the number of Coto residents arrested for DUI is down. See chart below for actual accident rate.

Law Enforcement – Evil, Necessary Evil, Or Noble Profession and Role Model? In open societies, we posit that law enforcement follows Winstren’s Law: Law Enforcement Goes Where it is Needed and Stays Where it is Wanted



































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