Vargas: Liar Liar… Pants On Fire!

On Tuesday, September 5, Council finally had an opportunity to address the Constitutional Due Process issues in the Brea Municipal Code but, thanks to inadequate staff input and a major distraction from Council member Vargas, they were thwarted.

After a year of sidestepping the issue, City Manager Gallardo and City Attorney Markman continued trying to wriggling out of honestly facing the music by submitting conflicting statements to launch Council’s discussion.

Gallardo said he believed the Brea Municipal Code and Code of Conduct were in conflict (not the root issue), Markman disagreed completely… denying that any contradiction existed and doubling down on his assertion that there was no threat of Constitutional violation because termination of Commissioners and Committee members is made without cause.

The greatest roadblock to Council having an intelligent discussion was the almost incoherent ranting by Council member Vargas. He not only derailed the discussion, he added to his list of “causes” for dismissal which crushed Markman’s position. In addition, claims made by Vargas were fabrications… figments of his imagination.

Everyone in the room must have recognized that, especially Vargas. Assuming he hadn’t forgotten the truth, he must have known just how far he stretched it.

Ultimately, thanks to Council’s unwillingness to be intimidated and the Mayor’s taking control of the discussion, the decision was to continue the item until staff could provide additional information. Hopefully staff will also make some attempt to get on the same page with each other.

I’ll leave follow-up on the real issues until they hit Council’s agenda again and turn my attention now to poking holes in the spurious allegations and remarks being tossed about by Mr. Vargas.

The Letter of Dismissal

I’ll work my way through the “causes” cited by Vargas in the letter.

  1. “… our initial agreement was a two year assignment” – No such agreement was ever made. No member of Council has the authority to make such an agreement and, if they were authorized, the BMC would state so and the “deal” would obviously have to be disclosed when the nomination is made. Never happened.
  2. “… allow you some closure from past experiences as a Commissioner, unfortunately I am not in a position to continue the redemption any further” – A complete non sequitur. My seven year history as a Cultural Arts Commissioner, as Chair of this Commission and it’s representative on Art in Public Places and the Senior Citizen Advisory Board is extolled at length in the commendation I received from Mayor Roy Moore in 2011. I needed redemption for nothing.
  3. “… (for) 3 months, I have attempted to communicate with you on numerous occasions via text and phone calls” – Hogwash. Once or twice a month Vargas would call me as he headed home from work at Port Hueneme and we would talk about various matters until he typically said, “Well Clark, you got me home safe and sound again.”

The last time we spoke we discussed his plans to put Term Limits on the ballot as a proposition. He refused to consider discussing his plans with Council. I told him it was a stupid idea, that it was an obvious attack aimed solely at Council member Simonoff. Finally, he agreed to drop the idea and the discussion ended.

Four days later the City Council meeting erupted in heated, angry exchanges with Vargas when he announced his intention to collect signatures via a third party contractor for a ballot initiative on Term Limits. When Vargas called me after the meeting I was too angry to take the call and let it go to voicemail. I did the same with the other half dozen attempts Vargas made over the next hour or so.

He texted me once the next day asking why I was dodging his calls. I texted back that I hated getting lied to and would need a few days to let my anger subside. I never heard from him again until I received the letter of dismissal… 36 hours after almost everyone in Brea seemed to get it. Must have been a massive BCC list.

  1. “…your reluctance to keep me informed of pending issues does not allow me to provide effective service as a council member.” – So, Breans have been under represented for almost a year now. Good to know. Don’t cross your fingers for the Mayor Pro Tem’s seat and we all know what to do when the 2018 elections come around.

During the first year of Vargas’ current term, as I would come across articles online relevant to current or impending city matters, I would email a link to Vargas… who seemed to have neither the time nor skills to do his own research. I did this maybe once or twice a week. I was surprised to hear he was unable to “provide effective service” without my help.

Fast Forward Almost a Year.

I mentioned the rants Vargas inflicted on everyone at last week’s study session, that they were laced with the same sort of groundless statements as are found in the dismissal letter.

  1. Only after repeated badgering by members of Council and City Staff did he feel forced to dismiss me. – Vargas was immediately challenged on this by the Mayor as being complete nonsense. Never happened.
  2. Vargas claimed to have “cleared it with” Gallardo and Markman before he sent the dismissal letter… a weak attempt to imply their approval. Gallardo and Markman preserved their “plausible deniability” by answering Vargas’ email inquiry by phone. A common practice down at city hall. However, Gallardo told me later that he attempted to talk Vargas out of the dismissal but failed and that Markman merely confirmed the appropriate BMC reference.
  3. Vargas said he discussed health issues with me, asking me to resign, and was compelled to terminate me because I would not resign. A year ago my health was not an issue, we never had such a conversation. This is total b*llsh*t.
  4. Vargas stated that he appointed me because of my experience with affordable housing while working for Quaker City Bank. (No Steve, that was Ron Garcia, your first appointment to the Planning Commission in 1998.) We never discussed housing of any type prior to or following my appointment to the Planning Commission. I have never worked for Quaker City Bank, or any bank, but did handle branding and advertising for Landmark Bank in La Habra when it launched in 1979… 38 years ago.
  5. Vargas protested my use of the California Public Records Act (CPRA) to obtain information leading to my “due process” probe and aggressively demanded “cost accounting” from the City Clerk, City Manager, City Attorney and Director of Development for the staff time required to respond to my inquiries. He was summarily put in his place by Council member Simonoff who reminded him that it was wrong to chastise the public for the cost of complying with a public records request.
  6. Vargas accused Council of wasting time on an issue that only a “blogger” cared about. Really? Council’s oath of office swears to uphold State and Federal Constitutions! If there is even the slightest possibility that the BMC is in conflict they are bound to investigate regardless of where the challenge came from.

Council does what’s right.

Given all that occurred last Tuesday, Council did what was right. I trusted that they would and they didn’t let me down. They continued the item and tasked staff with bringing them additional relevant information.

This is far from over folks and no loose canon is going to dissuade me from pursuing the truth or bully Council into sweeping this under the rug.

vargas liar

2016 In Review.

2016Brea bans ganjapreneurs.

2016 started off with a continuation of the medical cannabis debate, pitting the “Reefer Madness” crowd against those recognizing the rapidly increasing credibility of the medicinal values of cannabis.

This was triggered by a flaw in the language of Prop 215 which threw communities from Crescent City to Calexico into a frenzy to preserve local control.

Brea successfully prohibited cannabis dispensaries in 2008-09 but the passage of Prop 215 added another wrinkle… cultivation.

Tossing the matter to the Planning Commission, Council sought to block all cultivation through a land use amendment of the zoning code.

Today the Bureau of Medical Marijuana Regulation is no closer to being operative than it was a year ago, the passage of Prop 64 Marijuana Legalization Initiative further muddied the waters and the Federal government still classifies pot as a Schedule 1 drug.

Look for the cannabis debate to light up again in the first quarter as the “Reefer Madness” crowd seeks to keep a tight rein on cultivation and sales in Brea.

2016Brea First becomes part of the solution.

Founded by a grassroots group of longstanding Brea residents and facilitated by Director Chris Gaarder, Brea First hosted several public events down at the Brea Museum.

Created to provide Breans with information on and analyses of important local issues, with input from local and outside experts, Brea First subscribes to the notion that is it better to be informed than merely opinionated.

At the top of the list of hot topics was Brea’s unfunded pension liability but other issues emerged as well, like term limits and the school bond issue. Look to Brea First to continue their mission into 2017.

2016Brea Envisions launches, stumbles and takes a nose dive.

Initiated by Council with the best of intentions, Brea Envisions was to set a new high water mark for public engagement.

Taking a hands-off approach, Council passed the project to the Planning Department to establish a citizen’s committee to create, oversee and report opinions of Breans on a wide variety of topics.

A steering committee was established but without leadership, facilitation was closely held by Planning staff instead. A commercially developed generic website template became the Envisions gateway to the public, supported by a medley of misused social media accounts.

A less than successful survey gleaned from a handful of folks willing to take the time to wade through it, less than 800 responded. Fewer still completed the entire survey.

The raw data produced was extremely difficult to interpret and required substantial speculation to form comprehensible results.

A second volley of a half dozen additional mini-surveys, created using a web based app called Survey Monkey, produced almost zero response.

Phase three? A phone survey. Is about to be launched to validate their findings. What findings? Where is even an interim report to help guide the process?

Brea Envisions is already over three months behind schedule, the odds that a final report will truly reflect Breans’ opinions is virtually nil and Council continues to take a hands-off approach.

2016Vargas seeks to put term limits on the ballot.

A discussion more academic than urgent turned ugly when Council member Vargas broke his promise to Council and independently embarked on an effort to gather signatures for his own term limits initiative.

The effort seemed more designed as an attempt to thwart Council member Simonoff’s run for a sixth term than than it was to give voice to voter concerns.

The threat of a possible incursion by an out-of-town PAC, Council member Vargas’s audacity to ignore public input and his callous blindside of fellow Council members cost him serious political capital and likely foreshadowed another clean sweep in 2018.

Council held a public hearing on June 7 and all hell broke loose. Folks lined up at the podium to vent their feelings, most opposing term limits. Council hashed out their various positions, with more than a little shouting and finger pointing, and eventually hit an impasse.

Thankfully the “Vargas Initiative” fell well short of obtaining the required number of signatures. Council member Vargas learned the meaning of an extinction level event and came face-to-face with his failure as a consensus builder and a man of the people.

20162016 election, winners and losers.

As if the national election weren’t contentious enough, the BOUSD Measure K pitted friend against friend, neighbor against neighbor and candidate against candidate.

Seeking an unprecedented $148,000,000 ($300,000,000 with vigorish) with an initiative that lacked any public input and failed to define how the money would be spent, it was doomed from the start.

An independent PAC solicited, received and spent nearly $75,000 in an attempt to push Measure K into the win column, then it was discovered that most of the money came from companies that would substantially benefit from Measure K winning.

Meanwhile, a handful of residents seeing through the smokescreen, reached into their own pockets to shed a little light on the truth. None came close to legal spending limits yet they prevailed at the ballot box.

Paul Ruiz, winning by a landslide, joined the BOUSD Board… clearly a mandate from Brea voters. Gail Lyons and Kevin Hobby retained their seats while Rod Todd was finally vanquished.

At least he was until Joe Rollino dropped the bombshell that he was resigning and the reorganized board relied on little more than cronyism to let Todd finish Rollino’s term.

Adding insult to injury, the board snubbed new member Ruiz, refusing to second his nomination of Jason Kraft… clearly the most qualified applicant to fill the vacancy.

What will 2017 hold?

The reorganized Council, with Cecilia Hupp moving up as Mayor and Glenn Parker as MPT, will be facing an interesting array of potentially contentious issues in the coming year.

Of course there is the matter of shoring up our city limits against the onslaught of ganjapreneurs and rogue developers, greedy pensioners and presumptuous public servants.

Then there’s that long awaited Centennial year celebration that seems to lack funding, focus and public fervor. With events promised as early as February still in the early planning stage I wonder just how memorable this Centennial celebration will actually be?

Nevertheless, Happy New Year.

Dear Mr. Vargas…

This morning an email showed up in my inbox from a good friend and neighbor to Councilman Vargas. All of Council was copied. It echoed rising sentiments following the last Council meeting (read my summary here).

All things considered, I thought it only reasonable to add this to the public discussion before the next Council meeting on Tuesday.

June 18, 2016

Dear Mr. Vargas –

Hearing about term limits, I took the time to familiarize myself with the issue by reading Brea Matters and then viewed the hour long council discussion, which presented two very opposing views.

Confused, I asked others, what was the impetus for the filing? I thought we as a community were finally satisfied with our city council members.

The response from several sources was that you have a personal vendetta against Marty.

I am abhorred that you would drag the residents of Brea through an initiative that will be very difficult to overturn to satisfy a personal agenda.

In the last election, we as a community rid the incumbent simply by voting and through grass root efforts. Do you believe it’s satisfactory that Brea ‘start over’ every eight years? Glenn Parker’s stats prove that people leave on their own or by votes, which is the why it’s called an ‘election.’

Your campaign promises to me personally, and to the community, was to engage with us. You’ve now compromised your commitment to us by filing for a ballot initiative with no regard to the residents’ opinions on the proposal.

Steve, this is from your website: stevevargas.com.

term limits“For over a decade politicians have been promising us a more transparent government, but we’ve yet to see it. As your Council person, my number one objective will be to help ensure that every resident and voter is afforded a real opportunity to make your feelings known to Council.

Your input should always play a key role in Council decisions. This is your home.

Bottom line, a government that listens to its constituents, that demonstrates the ability to work as a team, that keeps the budget balanced and the city safe, is all any of us could wish for. Together, we can make a better Brea.”

This is classical bait and switch politics, and I am disappointed that you’ve become one of ‘them.’

I implore you to do the right thing and withdraw your submission.

Susan Fujioka

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