Tuesday, January 18, 2005


Today, an accident at Luistano and Codro de Caza Drive may be the accident that changes the cavalier attitude of the CZ Board of Directors. At least that may be the way future directors will regards their responsibility of management. This one will cost the community.

At approximately 2:35PM a bus with handicapped children was exiting Luistano onto southbound Coto Drive. Observers said the bus had made a full stop and waited for three cars to pass. When the bus pulled out to make the right turn onto Coto Drive, a southbound SUV vehicle came around the bend on Coto drive and impacted into the side of the bus with handicapped kids.This happened in front of several residents that were walking their pets and jogging in the area.Witnesses stated that the SUV driver never slowed down prior to impact and that she was exceeding the speed limit of 50 MPH by at least 20MPH.The SUV impacted the bus on the driver’s side and bounced over to the left lane where it hit the center divider and rolled onto its side. The driver was treated by ambulance attendants and released after the following statement;"It was impossible to see the bus pulling out in time to avoid collision." I never even knew there was a street there and I drive this every day."The CHP officer at the scene stated that there were two occupants of the bus that were removed by ambulance and the driver of the SUV was cited for reckless driving and released. The officer stated that at 50 MPH, the SUV driver had only three seconds to react and in making an evasive maneuver at 70MPH in the SUV it would have overturned without the impact with the middle divider. The driver of the bus was also treated and released after a statement to the CHP officer. In that statement, the bus driver said that his company would no longer provide service to Coto de Caza area because of the traffic problems and had informed parents of the handicapped children of this fact several weeks earlier. As an owner of the company that provides this service he said that he was contacting his attorney in order to bring litigation against Coto de Caza HOA.Residents had requested that the CZ Master HOA "do something" about the traffic noise and speed in this area for the past year and had "never received and answer" from the HOA. One resident that lives across the street from this accident said that this was the fifth accident to occur in this intersection in the past nine months.The speed limit was increased by the HOA approximately three years ago from 35MPH to the 50MPH discarding an outroar from area residents. Residents said that the increased traffic noise had also lowered their property resale values as an added problem.Coto de Caza is a private community and as such is governed by a Board of Directors that is elected by Delegates who in turn are elected by residents. When the Board of Directors is cited at fault in litigation-- which evidently will ensue as a result of this event-- they are held harmless by their insurance but the resident’s liability increases. In many instances of litigation, the homeowners dues are increased to paid the liability
The CHP and medics responded within twenty minutes to the scene but the Coto Security service, Securitas , never appeared .

Thursday, January 13, 2005

Take the Coto de Caza Quiz of the Month

This is a multi-part, multiple choice question:
( free gouge--look for the RED as in residents eyes)
How many former Coto residents still have active functional transponders?

How many former service providers, such as landscape companies, still have active functional transponders?

How many total unauthorized transponders are allowed to come into Coto on a daily basis?

a) I do not know
b) I do not know and I do not care – those paid millions of dollars/year for Coto security should know
c) No one knows.
d) No one knows, and no one cares


Saturday, January 08, 2005

15,000 residents paying 40 mil in taxes get no CHP enforcement

Simply because its a "Private" community"????
Traffic is seriously out of control in this area. Margarita Parkway a three lane wide arterial outside coto is 40MPH yet coto de Caza Drive INSUDE coto gates must be 50 MPH per the county and state. In other words, the state and county want residents to RUSH to having that fatal accident inside Coto that is bound to happen. Then the question can be answered in the courts at the cost of some persons--resident or non residents life?
cotonewsreporter and to add to this subject,............ read

To All Concerned:

This was in today's (1/8/05) Register, quote:

Coto must pay extra for traffic patrols

State says CHP won't watch private streets at no charge

This gated community will either have to pay extra for traffic patrols or do without.

Leaders of the largest homeowners' association that oversees much of the 15,000-resident development had asked the Attorney General's Office to re-interpret state laws to allow the Sheriffs Department or the California Highway Patrol to roam the streets for traffic violators without assessing a fee.

Coto leaders argued that their tax dollars had already paid for the service.

But in a one-page letter to Assemblyman Todd Spitzer, R-Orange, who represents the area, Chief Deputy Attorney General Richard Frank said the 1960 ruling on such scenarios remains the same: A private community must pay for the CHP to actively patrol for traffic violations such as speeding, ignoring stop signs and driving while intoxicated.

"The streets in question are gated; members of the public are not allowed to use them without permission," Frank said in the letter. If the community is concerned about safety, "the residents may wish to consider having the streets become public 'county highways.'"

For three years - ending last January - the homeowners' association paid about $10,000 a month for up to 160 hours per month of CHP patrols. Association president Robert Varo had said is was "extortion" that Coto residents must pay a fee for protection that they believe they've already paid for through taxes.

He was disappointed to learn that the attorney general wouldn't reconsider. He hadn't decided whether the associations would reconsider another contract with the CHP.

"We pay $40 million in property taxes," Varo said. "We're not looking for a free service. We're just looking for some value for the taxes we pay."

Sheriff's deputies respond to Coto for crimes such as burglaries and robberies and can cite traffic violators if they happen to witness the violation. The CHP still responds to accidents such as those involving alcohol or injuries.

Once and for all it should be clear that we have no pro-active traffic patrol in Coto. CZ Board Members Varo, Mezger, Hill, Thagard and Larkin are exposing our residents to danger from speeders on streets. They cannot deny their responsibility in the event of a tragic accident. Regards, Joe Morabito

Traffic continues to be the subject But no one is there listening????

Today's OC Register reports that:
" Coto must pay extra for traffic patrols......This gated community will either have to pay extra for traffic patrols or do without.
Leaders of the largest homeowners' association that oversees much of the 15,000-resident development had asked the Attorney General's Office to re-interpret state laws to allow the Sheriffs Department or the California Highway Patrol to roam the streets for traffic violators without assessing a fee"
You simply have to respect the CZ Board leaders for trying.....!
But on the other hand, the same paper on the January 1 issue reports : "I and my fellow board members have a serious issue with the fact that we are unable to receive minimal traffic enforcement to protect our 15,000 residents,'' Robert Varo, president of the CZ Master Association, said in a letter to Lockyer"
Mr. Varo fails to report that several Coto residents have serious issues with the board's decision to retain Securitas for gate access control and CC&R enforcement, cancel the CHP contract and see the accident rate go up 47%