Single Page Text Only - 05/11/13

Discrimination, Part 1
by Larry Gilbert

Vendor selection discrimination in Mission Viejo.

For several years, as a contract city issuing millions every year for contracted services, I have monitored our vendor selection, corresponding project awards, and related Check Register payments.

One category that jumps off the page that warrants transparency and justification is our selection of vendors for landscape architectural services. To that end I've just looked at the two potential pre-screened vendors to see if we are fair and balanced in our awarding of Contracts.

Let's begin with Richard Fisher Associates based in Santa Ana. For FYE June 30, 2012, they received payments for services performed of $1,169.99. The following credentials are taken directly from their web site:

“SERVICES INCLUDE: Landscape Architectural Design, Community Workshops & Presentations, Native Vegetation Preservation, Standards & Guidelines Development, Feasibility Studies, Construction & Maintenance Specifications and Plan Check Services

“SPECIALISTS IN: Master Planning and Design, Neighborhood Parks, Community Parks, Sports Parks, Play Areas, Park Renovations, Nature Interpretive Parks, Trails and Pathways, Streetscapes and Medians"

Now let's look at the other Mission Viejo approved vendor, RJM Design Group. During the same 9-month timeframe, RJM has received $132,286.70 for their services, which are no different from those available from Richard Fisher. If I were to go back in time in my rear view mirror, where I have some prior related data, the picture is even worse comparing dollars to dollars awarded to these two firms, yet this pattern continues.

At some point, if you win every bid, regardless of fluff negotiations to shave a few bucks, if that happens, RJM must feel pretty good about their chances at winning almost every contract for services that both firms are qualified to perform. And should some of the work fall outside Richard Fisher's capabilities or staffing availability, then Mission Viejo should qualify another vendor to drive the competitive process just as we do in the private sector. Bottom line. If Fisher is not competitive, find a third option.

Included in their photos of Orange County projects, Richard Fisher Associates includes work performed in the cities of Laguna Hills, San Clemente, Yorba Linda and Mission Viejo. The photo on the left (below) is a Fisher Design project and the one on the right is RJM confirming that each is qualified and capable of performing the same tasks.

Discrimination, Part 2
by Larry Gilbert

In my previous report about the city of Mission Viejo, I addressed what I perceive as discrimination in our vendor selection process where I cited one example. However, for my own credibility I should have provided my sources to back up the dollar amounts contained in that post. These engineering service contract awards may not be based on the typical open bid process. Unless I'm mistaken, the city qualifies two or more vendors whose names are found on an approved vendor listing from which these contracts are issued.

A longtime friend who is also currently serving as mayor of a large city once told me that "numbers can numb" an audience. He is and was correct. However there are times when watchdogs must peel back hundreds of pages of boring data to flush out information that may paint a picture that needs exposure.

As I reported earlier, Mission Viejo has used Richard Fisher Associates of Santa Ana and RJM Design as architectural design contractors for a variety of tasks in our city. To show the entire picture, based on city council data that is easily located on our web site, let me offer specific comparative data as presented and approved at multiple city council meetings to support my allegation of a serious lack of balance in our contract awards for design and plan check services. I did send a copy of yesterday's report to Mayor Rhonda Reardon and will copy her along with our city manager and city attorney on this report as well.

Let me begin with the MV city council meeting of May 18, 2009. Page 186 of the 247-page Check Register summary states that for the quarter ending March 31, 2009, we paid RJM Design $115,251.73 while Richard Fisher Associates received $586.99. In that same document it also reports that from July 1, 2008, thru Dec. 31, 2008, RJM received $114,343.79 while the other qualified vendor, Richard Fisher, received $3,320.78.

In the Nov 16, 2009, city council meeting you can find a Check Register summary covering the quarter ending Sept 30, 2009. On page 123 of 164, RJM received $46,701.77 while Richard Fisher received zero.

In the council meeting of May 17, 2010, which included the Check Register summary for quarter ending March 31, 2010, RJM Design received $88,508.97 while Richard Fisher Associates received $105. That is correct, 105 dollars. In that same report, as found on page 155 of 203 Check Register summary, RJM has a total of $227,738.29 while the total for Richard Fisher is $985.76. Note: The staff report does not specify a timeframe for said totals.

Moving ahead to the meeting of Nov. 15, 2010. On page 127 of 164, for the quarter ending Sept. 30, 2010, RJM Design received $135,027.95 while Richard Fisher received zero.

Our Council meeting of May 16, 2011, contained my next document. In the Check Register covering the period from July 1, 2010, thru Dec 31, 2010, RJM Design received $149,407.54 while Richard Fisher Associates was paid $931.71 for their services. Specifics on RJM purchase orders can be found on page 166 of that 217-page report.

Let’s skip the fall of 2011 as we went through a change in our CFO resulting in a six-month rather than quarterly summary. I have not located that document as I prepared this report.

City Council meeting of May 21, 2012, has my next source document. On page 178 of 240 you will find RJM Design, who for the period of July 1, 2011, thru Dec 31, 2011, was paid $59,580.51 while Richard Fisher Associates received another bone and was paid $1,169.99.

Let's look at the Nov 19, 2012, council meeting documents that cover the quarter ending Sept 30, 2012. RJM Design was again the winner, getting a modest $36,770.87 while Richard Fisher received zero. Source. Page 164 of 170 of that Check Register summary.

There are still a few questions I have relative to understanding the timing specified for these transactions and payments. I think the data as found in the above official city documents point out the need for an internal investigation/audit of these awards which over the past few years may collectively reach or exceed $1 million.

My closing comment. In picking up some city documents a few years ago there was an email exchange relating to a RJM purchase requisition wherein the senior staff member was questioned the wording of “PR R9919 to RJM for $9,500" where it was suggested that this might be considered a Change Order (to an existing order) that would trigger/necessitate a council vote of approval. If not, he would have to "Provide a much different description for it not to be a change order because the wording is almost exactly the same (and both are pretty generic)." In his response he wrote: "No problem. I will develop a different set of words."

 

No Annual Evaluations
Forwarded by Julie Collier, Parents Advocate League

Did you know tenured teachers only have to be evaluated every 5 years?

Did you know the largest majority of teachers in California are tenured teachers? This means if your child starts Kindergarten, it is likely he/she may not have a teacher evaluated until 4th or 5th grade?

Did you know that last year 98 percent of the teachers in California (that were evaluated) received the highest evaluation rating: Satisfactory?

Did you know California is ranked No. 47 in the nation when it comes to student achievement?

Did you know that school districts in the State of California missed out on millions of dollars of federal funding for students because the teachers’ unions would not allow for stronger evaluations of its members?

Did you know Blockbuster had more comprehensive evaluations for its employees including candy up sales than a tenured teacher (as stated in the Senate Education Committee hearing April 24 by a teacher who worked at Blockbuster while getting his degree)? Read article here.

Can you name any other profession in the United States that does not require at least annual evaluations for its employees?

Non-government Events

Following is a sampling of events and activities that are not funded by taxpayers or promoted by the Nanny State. Please support private enterprise and non-profit groups.

Crossline Church is offering a series of classes on finance, with the next one on Tues., May 14, 7:00 p.m. Learn how to beat debt and save money. Location is 23331 Moulton Pkwy., Laguna Hills, (949) 916-0251, http://www.crosslinechurch.com

Recycling Drive at St. Kilian’s Church, Sat., May 18, 7:00 a.m. to 12:00 noon, held on the third Saturday of each month. Organized by Knights of Columbus; acceptable items include aluminum, paper and plastic. No glass or cardboard. Lower parking lot, 26872 Estanciero Drive, Mission Viejo, (949) 472-1249, http://www.stkilianchurch.org

Lakeside Academy Open House Carnival, Sat., May 18, 9:00 a.m. to 12:00 noon. For toddlers, preschool, kindergarten, plus summer camp and Vacation Bible School, 27732 Vista Del Lago, Mission Viejo, (949) 297-8988, http://www.lakesideacademy.com

Philharmonic House of Design, through May 19, tour a showcase home in Coto de Caza, fundraiser for Philharmonic Society Youth Music Education Programs, (714) 840-7542, http://www.PhilharmonicSociety.org/HOD

“As You Like It” at Concordia University, May 25 through June 2. Last year more than 1,300 people enjoyed the fun and free Shakespeare in the outdoor amphitheater. Bring a picnic and delight in this comedy. Nelson Amphitheatre, 1530 Concordia West, Irvine, (949) 854-8002, http://www.cui.edu/?gclid=CMyjsdWOt7YCFQ3qnAod9CoA4w

Art Show with wine tasting, Sun., May 26, 1:00 p.m. to 4:00 p.m., benefit for Modjeska Ranch Rescue. Relaxed, friendly setting, $20 donation includes wine tasting. A generous portion of each art sale goes to the Rescue. Gardens of “Islandia,” 29022 Kommers Lane, Mojeska Canyon, home of Greg Killingsworth & Nor. Phone (949) 584-7289, http://www.modjeskaranchrescue.org/

Laguna Playhouse presents “Steel Magnolias” through May 26, 606 Laguna Canyon Rd., Laguna Beach, (949) 497-2787, ext. 1, http://www.lagunaplayhouse.com

Soka University concert: Robert Cazimero and Halau Na Kamalei O Lililehua on June 1, 8:00 p.m., and Men Alive presenting America, “The Songs of Our Homeland,” Fri., June 21, 3:00 p.m. and 8:00 p.m., 1 University Drive, Aliso Viejo, (949) 480-4278, http://www.performingarts.soka.edu

Political and Government Events Calendar

Mission Viejo Chapter of ACT! for America will hold a General Meeting on Mon., May 13. Doors open at 6:45 p.m. The meeting starts promptly at 7:30 p.m. and ends at 9:30 p.m., at the Norman P. Murray Community Center, 24932 Veterans Way, Mission Viejo.

Orange County Board of Supervisors will meet on Tues., May 14, 9:30 a.m., and an Orange County Budget Workshop will be held on Fri., May 24, 10:00 a.m., Board Hearing Room, First Floor, 333 W. Santa Ana Blvd., Santa Ana, (714) 834-3100. http://ocgov.com/cals/?ViewBy=7&CalDate=1/15/2013&EventDateID=89649

Saddleback Valley Unified School District Board of Trustees will meet on Tues., May 14, 6:30 p.m., 25631 Peter Hartman Way, Mission Viejo, (949) 586-1234, http://www.svusd.k12.ca.us/

Capistrano Valley Republican Women Federated, Wed., May 15, 9:00 a.m., at the Marbella Country Club, 30800 Golf Club Drive, San Juan Capistrano. CVRWF meets on third Wednesdays. Call (949) 496-2525 for reservations, http://cvrwf.org

Saddleback Republican Assembly, Thurs., May 16. At 7:00 p.m., SRA members will vote for a new board of directors. While guests may attend, non-members cannot vote. Beginning at 7:30 p.m., SRA will host a discussion of city issues. SRA meets on third Thursdays (except in December, July and August) at the Norman P. Murray Community Center, 24932 Veterans Way, Jacaranda Room-B, Mission Viejo. For information call (949) 360-1717.

The Satellite Group of the Republican Club of Laguna Woods is hosting a Wine and Cheese Social on Thurs., May 16, Clubhouse 6, at 6:30 p.m., featuring California’s 74th District Assemblyman Allan Mansoor. RSVP to JoAnn Zelko, (949) 951-1080.

Santa Margarita Water District meetings: Finance Committee on Fri., May 17, 7:30 a.m.; Board of Directors on Wed., May 22, at 7:00 p.m., 26111 Antonio Parkway, Rancho Santa Margarita, (949) 459-6420, http://www.smwd.com

Meet Donald Rumsfeld, Mon., May 20, 7:00 p.m., Richard Nixon Presidential Library, Distinguished Speakers Series. Price ($48 general admission; $43 members) includes lecture ticket and autographed first edition of Rumsfeld’s Rules. Nixon Library, 18001 Yorba Linda Blvd., Yorba Linda, (714) 364-1120, http://nixonfoundation.org

Capistrano Unified School District Board of Trustees will meet on Wed., May 22, 7:00 p.m., district office, 33122 Valle Road, San Juan Capistrano. Agenda and supporting documentation are published on the website 72 hours prior to a meeting, (949) 234-9200, http://capousd.ca.schoolloop.com/

Orange County Parks Commission will meet on Thurs., June 6, 7:00 p.m. The commission meets on the first Thursday of every month. Irvine Ranch Historic Park, 13042 Old Myford Rd., Irvine, (949) 923-3741, http://ocgov.com/cals/

Rush Limbaugh Club of OC, Sat., June 8, breakfast starts at 8:00 a.m., and the meeting runs from 8:30 a.m. to 10:30 a.m. The club meets on second Saturdays of the month at Casta Del Sol Golf Club, 27601 Casta Del Sol Road, Mission Viejo. RSVP to reservations@rushlimbaughcluboc.com. http://www.rushlimbaughcluboc.com

OC Veterans Advisory Council, Wed., June 12, 6:00 p.m. The council meets on the second Wednesday of each month. Veterans Service Office, Conference Room A/B, 1300 S. Grand Ave., Building B, Santa Ana, https://cms.ocgov.com/gov/occr/occs/veterans/advisory/default.asp

The Buzz

The Mission Viejo City Council majority stirred up controversy by putting 20,000 homes into “Special Fire Protection Areas” when the council had an option to do nothing at all. Despite the new, innocuous-sounding areas, the old fire hazard zone maps are still on the city’s website, and nothing has changed: http://maps.digitalmapcentral.com/production/VECommunityView/cities/Missionviejo/index.aspx Go to View and select Fire Hazard. The implications of being rezoned into the new areas could raise homeowners’ insurance rates and lower property values when sellers have to disclose they are in the special zones. The impact is currently not clear, primarily because no homes in the special zones have burned. If a seller didn’t disclose the risk and a home in the “special zone” burned in a wildfire, does anyone think the buyer wouldn’t sue the seller, real estate agent and everyone else in sight? As for why the Fire Authority wanted cities to increase the fire hazard zones (regardless of what the council majority calls the zones), citizens should expect to be billed for inspections or other demands from the Fire Authority. It will take time for the matter to unfold.

              ***

As another example of a time bomb, consider the fiasco that came to light last week at the county level. From Orange Juice blog, “Late Wednesday and Thursday the press this week reported that the Superior Court ruled against Orange County, in the trial in which the State of California claimed that our Supervisors had improperly diverted property tax revenues to the County budget. The result, unless the County successfully appeals that decision, is that the County owes the State millions of dollars it had diverted and cannot anticipate such largesse in future years.” http://www.orangejuiceblog.com/2013/05/damage-control-in-orange-county-government/ Current officeholders who spent the money are blaming their predecessors.

              ***

With the OC Register putting up a pay wall to its digital version, try the Voice of OC for political news. For coverage of the county’s financial woes, check out http://www.voiceofoc.org/county/article_691a2960-b829-11e2-918b-0019bb2963f4.html . From readers’ suggestions, if the Board of Supervisors proceeds with layoffs, they could start by firing themselves.

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An all-volunteer South County animal rescue effort has found homes for thousands of pets in its relatively short history. Read about the Modjeska Ranch Rescue (MRR) at http://www.modjeskaranchrescue.org/ If it weren’t for such privately run organizations, public animal shelters would be overwhelmed. Unlike some public shelters, Modjeska takes in aging animals. Community members can support the effort on Sun., May 26, 1:00 p.m. to 4:00 p.m., by attending a benefit for MRR. A $20 donation at the door includes wine tasting in a friendly and relaxed setting, plus an art show and sale. A generous portion of each art sale goes to the rescue. The event is at Gardens of “Islandia,” 29022 Kommers Lane, Mojeska Canyon, home of Greg Killingsworth & Nor. Phone (949) 584-7289.

              ***

Knights of Columbus at St. Kilian will assist Mission Hospital with a blood drive on Fri., May 17, from 1:00 p.m. to 7:00 p.m. in Hughes Hall at the church, 26872 Estanciero Drive, Mission Viejo. For more information, call (949) 770-0710.

              ***

Lake Forest will host a Mayor’s Prayer Breakfast on Fri., May 17, 7:00 a.m. to 9:00 a.m., at Foothill Family Church, 19432 Bake Parkway, Foothill Ranch. A complimentary breakfast will be served, and RSVPs are required. Bill Morrow (former state assemblyman, state senator and JAG officer in USMC) will be the featured speaker. To RSVP, email jonathan@communicationslab.com or call Jonathan at (949) 215-5539.

              ***

Three council members (Cathy Schlicht, Rhonda Reardon and Trish Kelley) have asked the city staff to provide a list of expenses for city festivals, events and programs. The first request came several months ago, and it was reiterated during the May 6 council meeting. Councilwoman Schlicht asked City Manager Dennis Wilberg when the information might be delivered. Wilberg asked City Treasurer Cheryl Dyas about the timeframe, and her answer indicated it would not be anytime soon. Councilwoman Schlicht expressed her surprise that the information wasn’t readily available without the staff having to search for it. Meanwhile, city activists are compiling the list (just to help out, of course) since the staff is having such great difficulty finding its own information. Why would Wilberg not want citizens to know how city hall is burning taxpayers’ money? The list comprises a financial black hole of parties the city government is throwing. Is anyone still wondering why the city either can’t afford or doesn’t have time to maintain infrastructure such as streets and slopes?

              ***

Here’s a partial list of city-funded activities that the city staff thus far cannot find: Up in the Air, Arts Alive, Arbor Day/Earth Day, Santa’s Arrival, Memorial Day, Character Committee, Mission Viejo Chamber of Commerce, Celebrity Waiters Dinner, Bunny Days, Readers’ Festival, Walk Against Drugs, Hometown Halloween, Veterans Day, Activities Committee, Storytelling Guild, KSBR Jazz Festival and Livecasts, Lord of the Strings, Holiday Home Lighting Contest & Holly Trolley, City Hall Holiday Lights extravaganza, Films of Character, Farmers Market, city-sponsored business workshops, community excursions, youth and teen classes, art competition for students, student advisory committee, Kids Factory, Teen Tutoring Assistance, music classes, makeup classes, art and photography classes, senior citizen classes, military support activities, sports, recreation and fitness, Relay for Life, DAWG including Walk and Pet Faire, Summer Reading Program, July 4th Street Festival, Chili Cook-off, Improve Don’t Move, Discovery Science Program, Oso Trail Decoration, Inner Coastal Cleanup Day, hosting a business development conference, Bears Around Town and Million Tree City. That’s not all, but it helps to explain why the city staff has mushroomed to 270 people on the payroll.

              ***

As an addendum, here are some of the costs related to festivals, events and programs: MVTV ads and coverage, banner creation, city’s mobile electrical signs, creation of special structures, rental of restrooms and other temporary facilities, sound equipment and stage setup, rental and setup of chairs, tents and booths, police services including traffic and security, staff time dedicated to the event, comp time for staff attending the event, staff time including caterers, food and beverages, deferred rental fees for use of city facilities, temps hired to plan activities and hold meetings and conferences, phone, postage, preparation of print media, flyers, handouts and advertising, PR writers including working with media outlets, purchase of clothing, caps and misc. for staff and volunteers, purchase of equipment and office supplies, “free” food and beverages for attendees, contractors to put up and take down banners and signs, contractors to prepare the site and clean up afterwards, contractors to build props, planters, sign holders, etc., planting and landscaping for the event and repair of landscaping after the crowd leaves, balloons and other decorations, signage, “free” memorabilia, tokens and “swag” for attendees, “free” clothing, T-shirts and caps for attendees, rental of vehicles and heavy equipment, disposal costs including dumpsters and landfill costs.

              ***

A Buzz reader sent a comment that summarizes how students are so much smarter than they used to be. The conversation took place when a volunteer was working with a college student.

Student: “I’m a senior at Cal State Fullerton, graduating next week with a degree in business.”
Volunteer: “How many semester hours will you have when you graduate?”
Student: “I don’t know. I’ve been taking 15 hours each semester.”
Volunteer: “If you’ve taken 15 hours each semester for four years, how many is that?”
Student: “I don’t know. I’m not very good at math.”
Volunteer: “When I took a class at Cal State Fullerton, I think I was the only student who was reading the assignments.”
Student: “Students are so smart these days, they don’t need to do homework. I don’t read the books, and I’m getting A’s and B’

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