In reviewing current and future Mission Viejo City expenditures, our proposal to enter a float in the Jan 1, 2009 Rose Parade didn’t pass the smell test, especially when council creates an Ad Hoc team that can meet outside the access or view by taxpayers as they engage in preliminary project recommendations. It is worth noting that in that capacity, they lack approval authority without full council participation in Open Session.
Let me now provide an update to an earlier post based on Public Records requests and my phone call to Timothy W. Estes, president of Fiesta Parade Floats this morning whose firm was selected by our city council.
However, we have a minor problem. One of my Public Record requests was to see our float Contract yet, to date, there is no Contract for the float.
So I visited our records management clerk this morning and paid for a copy of a Fiesta Parade Floats “Timeline For The Process In Producing A Float For The City Of Mission Viejo For The 2009 Rose Parade.”
Under item #1 it reads that “the design process normally takes 2 to 6 weeks. Once a design is finalized Fiesta would submit the desired design and title to the Tournament of Roses Association for there approval.”
Skipping ahead to point #5 it reads: “By mid-summer the float is quickly taking shape.” Hello. Today is August 8th and no Contract is available for the public to question or city council to review?
I previously made a valid Public Record request to see all e-mail communication between the Ad Hoc members, our city manager and Fiesta Floats. Based on the ethics training class I attended at San Juan City Hall yesterday they are all within the scope of valid public record requests. Our Records Management clerk told me that all communication was by telephone either with, or by, an office secretary. There is nothing in writing?? Side note. Over 40 years ago I had office pads that read AVO. Avoid Verbal Orders. I guess that simple back up protection no longer applies for some people.
So at 11:45 this morning I contacted Fiesta Parade Floats President Tim Estes, introduced myself as a blog reporter and resident of the city of Mission Viejo interested in the status of our proposed entry. I complimented him for their former Mission Viejo award winning floats of 25 years ago.
In reviewing his MV timeline that I purchased this morning Tim clarified the text by saying “the design is first sent to their CLIENT before submission to the Tournament Association.” That makes sense.
One problem. While Tim admitted that some design work has begun, I asked Tim if he had any written communication to protect his firm in the event of a cancellation. At that point he said it appears my call is negative in nature and that I should refer all my calls to his CLIENT. I told Tim that both the city manager and his assistant were both out of the office and unavailable. I suggested that his firm is highly respected and that I would expect that he would have something in writing to protect his preliminary design efforts.
Folks. You can’t have a CLIENT if you don’t have a Contract. Any prior agreement on behalf of Mission Viejo were with the Mission Viejo Company, not the city who has never had our own float. And sadly, this is a city government float, using public funds, not a private or Service club where you can cut corners by skipping public and elected official approvals.
On the other hand was he telling me the truth? Does he in fact have the city of Mission Viejo as a 2008 CLIENT?
The city has already purchased over $6,000 worth of front row seats and special parking for the parade which can be covered under the city manager’s cap. But starting design on a float, estimated at around $300,000, is a different story.
This city council has not voted to authorize any funds towards this project yet apparently work has been authorized by someone in power that needs to be held accountable. How can we cancel Fiesta Parade Floats efforts without a Contract? Therefore, I would argue that any expenditures by Fiesta were strictly a gamble hoping to get a Contract. As Fiesta is an established and successful business, I told president Estes that I would expect his having something in writing to cover his project efforts.
Dream on Larry. Our city council will give them a blank check and still meet the proposed timeline. It’s debatable to involve the PPIC or the DA’s office on this activity by council members who, based on this example, know nothing about Contracts.
Note: Prior to writing this post I left a message on our city manager’s cell phone and am still awaiting his reply.
UPDATE: The city manager just returned my call. To view our discussion see comments.
Mission Viejo city manager Dennis Wilberg just returned my call.
He stated that “legally, you are absolutely correct.” In his early discussion with the Rose Parade Organization they wanted assurance that our city was committed to financially support an entry in 2009 to which Dennis responded telling them of our budgeting $300,000 for a Jan 1, 2009 float.
I told Dennis that there is a major difference in “budgets” that can be altered, depending on circumstances, than a formal committment.
He confirmed that Fiesta had provided “dozens of sketches” to the Ad Hoc team. He did raise a valid point that the float builders do not re-invent the wheel every year. By that I mean they “re-use the chassis every year.” I surely can concur with the re-use from year to year.
He confirmed that while “we interviewed five builders” and picked Fiesta based on their track record we “have not selected a design yet” and that there is “no contract yet.” The city manager said that “legally we can back out.”
Having been involved in multi-million dollar custom electronic design projects I told him our factory policy for custom work often provided a line item on the quote for that front end concept effort, pre R&D, with a stipulation that said expenditures would be absorbed by us if we won the contract award. That protected our using valuable talent on informal design work without any guarantee of follow on business while that talent might have generated revenue elsewhere. The same Contractual provisions could have been the concept here. So it is true that the city may feel a moral obligation but to repeat Dennis’s comments, “legally, you are absolutely correct.”
My angst, which I shared with him, relates to our fronting over $400,000 in “seed money” to a new non-profit called the “Mission Viejo Foundation” whose board has not appeared at any recent city council meetings while we are upside down around $250,000 from that very bad council action. As they are arms length away from any connection to the city we have no powers over their operations.
Where is their partnership with the city to offset taxpayer money for the float by their fundraising? The silence is deafening.
Check out other city entries and ask how many are supported by local merchants. Not us. Let’s simply blow $300,000 of taxpayer money as we are too proud to seek help from others.
Larry Gilbert is like an outside linebacker. The backfield of the City Council, City Administrators and Fiesta Floats are trying an end-run to proceed with the MV float without a contract that could be held to public scrutiny.
Larry’s quickness and speed is forcing them closer and closer to the sideline.
My question would be, can the city pay for float construction (certainly outside the spending wiggle room for the city manager) without a contract and council approval?
Readers. While it is difficult to quickly turn a battleship in a tight radius my sense is that our city council majority will simply vote approval of the Contract, regardless of my unofficial legal scrutiny of the Ad Hoc and city manager’s “stealth” conduct and design work already performed. They have to. It’s already mid-summer and we are behind the Fiesta Float timeline.
Several years ago I attended a city of Mission Viejo meeting conducted by a facilitator from Central FL. At the time I was the only citizen in the off-site location other than elected officials or staff.
Note: The purpose of these off-site, day time gatherings is to create a better work environment between each of the council members as well as to improve their relationship with staff.
In his presentation the facilitator suggested a method for fast-tracking their process that also keeps the public locked out. I need to be careful here. I am not paraphrasing him but you will get the gist.
Form Ad Hoc committees with two of five council members, on a five member council, so that you have no obligation to post said meeting notices nor open the door for public oversight as you deliberate and brainstorm.
Nice. Let’s exploit a legal way to remove transparency in government.
Well folks we learned something by his suggestion. A current case in point is the 2008 Ad Hoc team working with Fiesta Floats as Trish Kelley and Lance MacLean limit who has access to their restricted meetings.
PS: This whole episode can be tracked back to the council’s January 29, 2007 Christmas lists that family members put on the frig. You’ve seen them. “What do I want for Christmas” and maybe Santa will put it under the tree this year. Please, please, etc.
As each council member discussed their dream sheets, or should I correctly label it their “personal wish list for the 2007-2009 budget” Lance’s list in that January 27, 2007 council meeting included item #4 which reads “funding a Rose Parade Float to support and advertise the community and possibly partnering with the non-profit and business communities.”
Without going over all of the reasons why this suggestion is perhaps 80 years too early, our city funded non-profit Foundation is a loser. We are still $250,000 in the hole from seed money we provided where the crop never materialized in the drought years of 2006-2008.
And for any conservative, regardless of party registration, to vote these incompetents back into office is a dis-service to your fellow taxpayers.
That’s my opinion and I’m sticking to it.
Again, our councilmembers seem more concerned with Looking Good vs Doing Good.
They easily float $300K of taxpayers money down the “image” drain, but will not risk protecting citizens for fear of Telecom lawsuits.
It’s sad.
http://www.MVcell-out.org
Larry, your concern over Ad Hoc Board and Council committees and independent non-profit Foundations is only exceeded by concerns over Redevelopment Areas in my opinion. All are designed to streamline the ability of the citizens to act collectively without the pesky oversight and approval of the citizens. Kind of a left hand – right hand form of deception don’t you think? This is what happens when we demonize government as something independent from our lives rather than viewing participatory government as a shared obligation.
Thank you on behalf of the citizenry that has been excluded by this process, your role is essential and appreciated. Still, its just wrong to have that much fun doing what you do.
anon.
When residents ask me to again throw my hat into the ring and run for elected office my response is that I can be more effective exposing the good, the bad and the ugly with my writing. Sadly, in our award winning city, much of what I cover falls into the third category.
Recently Frank Ury wrote that I am always negative about our city. My response included reference to Orange Juice posts promoting free events in our city and a letter supporting the nomination of our City Clerk to win the award as City Clerk of the year in CA. I was told that the selection committee was surprised to find a positive letter of recommendation from (two) citizen activists including mine in their decision making where Karen was chosen.
She does a great job and deserved that acknowledgment.
Now if we could only find city council members to praise before my 75th birthday.
Input form our prior city manager.
Note: We had an off-line exchange about his costly desk and my earlier inclusion of her claim against the city for balanced coverage. He was satisfied with that response.
“Thanks Larry. You and I agree that this council puts previous ones to shame with their spending habits. I agree that the expenses you mention are ridiculous. With the current state of the economy, you’d think they would restrain themselves for political purposes if nothing else. As far as Dennis and his budget management goes…he needs to restrain Keith. That’s where his achillies heel is.
Dan”