 |
January 2008 ISSUE
We do not make jokes, we simply watch the LA Times, the Orange County Register and CID/HOA board of directors and report the facts!
Details of DUI Lawsuit earn 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 Golf 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, |
|||||||||||
|
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.” 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.”
The cost will be more than the $50,000 deductible that was paid out by the insurance company because now our insurance rates will rise if we are not cancelled all together. Insurance companies love to collect premiums. They don’t like having to pay settlements amounting to hundreds of thousands of dollars or maybe even more. Yes, Jerry Mezger blatantly lied concerning this issue when he said the case was settled at no cost to the Association. I guess that makes him a liar, doesn’t it? I always said that Mezger never understood the ethical line in the sand required of any public official. And, we certainly know that transparency was never a concept he understood either. And, Yes, Bob Varo absolutely should resign. He is guilty of election manipulation related to the Larkin resignation, exposing our residents to danger on our streets when he and Mezger fired the CHP with nothing to replace it and knowing full well that we had the Wild West in Coto, subsidizing outsiders, failure to properly bid out the purchase of major goods and services, making a mess of our landscaping, many other fiascos and generally wasting hundreds of thousands of dollars during his tenure. It is definitely time for Varo to GO and the sooner the better. Joseph Morabito
P.S. Bob Varo met with a group of Members at my home a few years ago and clearly he had no idea what he was talking about because he is a “hands off” kind of guy who never does his homework. He leaves the “details” to others and we have seen the end result.
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
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
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 playBoise State launched the
Trickeration triad to win the Fiesta Bowl...
CotoBuzz
December 2007 - Political Assassinations in OC - Its
in the Water!
From Assassination to Hostage Crisis in Coto de
CazaBringing in Hugo Chavez to Coto de Caza to
negotiate the release of direct democracy is like
asking President Clinton to help clean up the DC
Intern program!The Coto de Caza governing body has
been in...
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!
Auditioning
For a New Board or Getting Ready for the 2008 CZ
Elections
HOA
Petitions – The Right Way and the Wrong Way
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...
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!
|
Select Blogzz & click icon |
|
BlogzzSphere |
ADVERTISEMENT
|
|
|
|
