Final Thoughts For 2017.

In the summer of 2011, then City Manager Tim O’Donnell told me that his favorite definition of leadership was, “Leadership is disappointing your constituents in increments they can absorb.” The implication was heinous and has proven to be the underlying rationale of countless decisions made by Council over the seven years I’ve written this blog. Here are a few of the most obvious:

  • Raising Council’s stipend and flex benefits.
  • Burying key decisions and large capital expenditures in the Consent Calendar.
  • Commission and Committee appointees are predominantly political payback.
  • Now defunct Redevelopment Agency created over $200 million in bond debt, most building or refurbishing city property for which there is no property tax which pays off the bond debt.
  • Brett Murdock tacitly appointed to lead opposition to The Brea Open Governance Act and The Brea Accountability Act. Murdock failed to disclose his leadership of the Breans Against Measures T & U PAC and was fined $2,000 by the FPPC.
  • City Clerk, under direction from City Manager and City Attorney violates election law resulting in litigation that was lost on appeal and cost taxpayers almost $1 million dollars.
  • Mayor, Mayor Pro Tem and City Manager take an ill-advised two week junket to Korea and Japan, sticking Brea taxpayers with the bill (Koreagate).
  • Mount a weak attempt to retain the Police Services contract with Yorba Linda.
  • Reorganize Brea FD rather than seriously entertaining the possibility that contracting out the services could save Brea taxpayers a bundle.
  • “Green Brea 2012” was a disaster but continues to be touted by city propagandists as a success. “Greenwashing” at it’s finest.
  • Staff recommends Council pay annual pension obligation at less than 100%, adding to the mounting debt. Brea had a surplus of $21.9 million in 2001, what happened?
  • 560 Fund (OC Landfill) earmarked to mitigate the traffic, noise, road damage and provide other “community benefits” is tapped twice to pay for the solar project – several million dollars. Remember, the one that would pay for itself.
  • Create Landscape, Lighting & Maintenance Districts (LL&MD) and Community Facilities Districts (CFD) to dodge Prop 13 and generate uncapped revenue. Promises made to “revisit” these for possible double taxation and to add sunset clauses has never found it’s way to the agenda.
  • Implement and repeat use of tiered water rates as a means of social engineering (deemed illegal in Capistrano Taxpayers Association, Inc. v. City of San Juan Capistrano – 2015).
  • Cal Domestic. Need I say more? If the FPPC, State DOJ and/or OCDA would get off their asses maybe we would finally get to the truth.
  • The perpetual appearance of collusion, backroom dealings and Brown Act violations every time Council reorganizes – never challenged, never proven but always questioned.
  • Madrona. Self-explanatory.
  • A “Civic & Cultural Center Demonstration Garden” proposed as a means of defraying costs of routine maintenance of Civic Center parking structure. Resoundingly rejected by residents.
  • City budget deemed to be balanced for the last 17 years yet Pension and OPEB debt soars to over $100 million.
  • Brea Envisions. Self-explanatory.
  • Originally proposed in January 1999, the just completed downtown parking structure could have been built for $5 million dollars with Redevelopment money without disruption to existing businesses.
  • Apprised of Constitutional due process issues buried within the Brea Municipal Code, triggered by the unilateral dismissal provision in Section 2.16.050, Council dawdles for 16 months without resolution. Will show up on agenda again soon.
  • $73,069,750 spent since 1977 for a “mobile intensive care” Paramedic Program appears to be nothing more than a subsidy for the Brea FD. (This will likely add fuel to the fiscal fires in 2018 as the truth becomes known.)

How the hell does this happen?

It’s become increasingly clear, as I read dozens upon dozens of staff reports that, more often than not, we’re getting only a fraction of the truth. Having reached the conclusion that Council, Commission and Committee members and the voting public in general lack the vision and intelligence to manage their community — staff has gradually hijacked all authority.

At best, only one or two senior city staff actually live in Brea. They have no local roots, no family history, no personal investment or emotional ties to the community. They are here to achieve their personal professional best, as dictated purely by academia and tweaked in a never ending array of seminars and symposiums. That their “product” ever actually benefits Brea is purely serendipitous.

They are here to put in their time, to receive salary and benefits well beyond that offered for comparable work in the private sector and to retire with six figure pensions.

From time to time they make mistakes, we all do. These blunders are the product of bad judgment, ignorance or inattention. These gaffes are committed with our money and are often magnitudes greater than the day-to-day mistakes we make.

Our city’s cancerous corporate culture.

To preserve their lucrative but fragile existence they are inclined to cover up the truth rather than admitting to failure. A corporate culture develops around them that renders them incapable of providing the whole truth. Staff seems to operate in a perpetual state of circling the wagons.

It is an endemic condition that can only be overcome by stripping them of the authority they have stolen and return it to those we elected to do the job in the first place.

And here’s the problem. As this bureaucratic shadow management culture has grown, their influence and power have as well and this creates a vacuum that eventually sucks in our elected representatives and blinds them to their complicity in the improprieties going on right under their noses.

Where do we take our city from here?

Revive “Clean Sweep” and put strong willed candidates into office who will not bow to the corporate mentality infesting those managing city business.

Candidates must give you a true sense of trust and confidence that accountability and transparency are not simply campaign rhetoric, that they will set aside any and all personal agendas (and bloated egos) – keeping a single focus upon what truly serves the people of Brea. Otherwise, they have not earned your vote.

city culture

He’s No Friend Of Brea.

diamond_dIn the past 72 hours, this self-absorbed nutjob published seven blog posts, supposedly about the Brea downtown parking structure. The total word count is 13,781 words, not one of which bears even a slight resemblance to the truth.

He eviscerates the hard work of Brea’s staff. He dances on the edge of slander, painting grotesque and wholly inaccurate pictures of every Brea Council member. He does a libelous job of character assassination of the downtown Brea business owners.

His schoolyard attempts to bully me, disparage this blog and cast aspersions on my interest in and support of my community is of no concern. This feckless pretender lacks the power to blow his own nose.

So, what is this rambling shock and awe campaign knocking Brea really all about?

What’s the point of his scandalmongering personal agenda? Why does someone recently relocated to Brea, renting (not a tax payer), operating a less than stellar legal business from his kitchen table (I assume he has a Brea business license) suddenly take such an over-the-top interest in local government?

I think his saber rattling is designed to produce one thing, plaintiffs. He’s stalking new prey.

Diamond_3BHis work as general counsel for an Anaheim based political activist group seems to have come up a crapper and he has rent to pay and a reputation desperately in need of repair.

It seems he may be in the market for new clients interested in suing Brea. Contrary to his protestations, not the best way to help preserve Brea’s general fund.

I find him, his tactics and agenda appalling. I worry about those who seem to have been hypnotized by the drone of his voice.

Folks in Brea see him for what he is.

Thankfully, only a handful of Murdock’s leftovers give any credence to what this numbskull posts. I’m surprised they have the stamina to wade through all that indecipherable blathering.

I’ve been thrilled to hear from so many friends and neighbors who get it, who value how a revitalized downtown will benefit this community for decades to come. Who understand what an investment is, that the ROI will begin the moment the Council approves a contract to build a parking structure in downtown Brea.

Real Brean’s are people who believe that a project which pays for itself in the long run is well worth the investment.

 

Koreagate – Case Closed.

da-letterAfter almost 16 weeks the other shoe finally dropped. OC Senior Deputy District Attorney Raymond Armstrong sent me a letter saying they were closing their inquiry into Koreagate and that no further action would be taken.

I am still unsure what was actually done beyond quickly reading through the 15 to 20 documents provided as evidence in the complaint. Comments in Mr. Armstrong’s letter left more questions unanswered than answered.

I called his office to solicit more information on their process and ended up talking for some time to his associate SDDA Jaime Coulter. At the end of our conversation I understood the complexities in this case that would lead them to the conclusion that there was no evidence of criminal wrongdoing.

Letting the results be known.

What follows is my email to Marty Simonoff and Roy Moore (the only Council members interested in getting to the truth) as well as to Armstrong and Coulter plus a couple of OCR staff writers whom I had promised to keep informed.

Marty & Roy…

My response from the OCDA is attached. I called and spoke with Mr. Armstrong’s associate, Jaime Coulter, and it is clear that their investigation fell short of what I had expected. It was, however, conducted in a manner consistent with the prosecutorial restraints under which I understand their office must operate.

Per Mr. Coulter, the OCDA’s determination that there is no evidence of any criminal wrongdoing and their dismissal of my complaint hinges on the necessity for them to be able to prove “criminal intent to defraud” (steal from the city) as part of a case for misappropriation of public funds.

Intent is one the most difficult matters to prove, except perhaps under the more liberal burden of proof required in civil court. It’s a shame that “stupid” isn’t against the law, but then we all might be in serious jeopardy.

While I am not happy with the outcome, I am satisfied… my lengthy conversation with Mr. Coulter helped me to have a deeper, more clear understanding of these legal processes.

Mr. Armstrong’s letter states, “This also appears to be an issue that the city council could adequately address.”

Unfortunately, those most likely to be effected by continued pursuit of this matter, those who would be required to reimburse the city, maintain a strangle hold with their three votes which allows them to impede any effort counter to their personal agendas.

The good news is that, through over three months of relentless pressure from me and others and the wisdom in Measure T, the city has implemented positive standards which will avert this sort of unethical behavior from happening again. Itineraries will be required, Council will formally approve foreign travel and, hopefully, a more robust and enforceable travel policy will be adopted soon.

It’s perfectly legal to be stupid.

I never suggested, from day one, that there was any malice in the hearts of those who made such an ignorant blunder. When the culprits were publicly taken to task by Lynn Daucher, Bev Perry, Glen Parker and others no one called them criminals. It was clear enough that the choices made by Schweitzer, Murdock and O’Donnell were more idiotic and ethically unwise than criminal chicanery.

Regardless of what convinced Schweitzer, Murdock and O’Donnell it would be okay to spend almost half of the city’s annual travel budget on a ten day excursion to Korea and Japan… no law was broken. No common sense was exercised either and almost 50 years of precedents were totally and conveniently ignored.

So, where do we go from here?

First, Council needs to finish the job of formalizing an enforceable travel policy. They reached agreement, by consensus, to require public approval by Council for all foreign travel and that a complete itinerary must be included in the travel request to verify the official nature and direct benefits of the trip.

This is a good start but is nowhere near a robust and enforceable travel policy. A more thorough policy needs to be drafted and approved, in resolution form, in a public session. Not the study session, which might as well be held behind closed doors for all the transparency it provides, but downstairs in front of the tv cameras.

Throughout this lengthy ordeal, virtually all who called, emailed or stopped me on the street to talk about this felt as I did that Schweitzer, Murdock and O’Donnell should reimburse the city. I still feel that way, and with one swing vote a Council majority would agree. I’m not holding my breath.

And finally, November 2014 will give us an opportunity to elect candidates who will truly have the people’s will as their guide and reject those politicians who have repeatedly thumbed their noses at the public, taken every stipend and free chicken dinner they could and spent more time trying to build their legacy than maintain our community.