The events of the Tapo Street redevelopment grant issue that have played out during the course of the last election and finally concluded with the business owner returning the grant funds involve a series of letters, information requests and other maneuvers. Mitchell Green, former 2010 City Council Candidate, published a detailed account of how things went and when. He allowed me to republish his post here:
For a time line refresher, Kelly Kolarek’s letter to the editor of July 27, 2012,
Doug Crosse announces his suspension of his City Council campaign on August 10, 2012, citing Mr. Kolarek’s “attack letter,”
September 5, 2012, Doug Crosse files his government claim against Steve Sojka for “cell phone reimbursement misuse” and also files his first public record act request with the City requesting documentation of only the K & J Auto Facade Renovation Grant information.
October 1, 2012, Doug Crosse makes his second Public Record Act request, this time authorizing Scott Santino, Bob Huber’s 2010 campaign manager to pick up the documents from the City.
October 4, 2012, the City prematurely denies Doug Crosse’s government claim regarding Council Member Sojka’s cell phone reimbursement, after sending the small claims matter out to a private firm for an unnecessary opinion costing the City $2,622 in the process at $285 per hour legal billing rate. Which makes no sense when under the Government Code the City needed to do nothing and the claim would have been denied by operation of law with no expense to the City and no conflict of interest to the City Attorney, but the, Doug and friends might not have had enough clown time if the matter had run its proper course. This is a key point of perhaps improper government collusion and, in my opinion, a key weakness as any discussion, communication, e-mail or other correspondence regarding any of this by the City Attorney to anyone but the internal City Attorney’s Office, outside retained counsel for the specific matter, or to the entire City Council in closed session is NOT protected by attorney-client privilege and IS subject to disclosure through the Public Record Act. Unless, of course, a personnel action were to result. Or worse. And guess what folks, you can’t delete e-mails from the City’s hard drive, you can only remove it from visibility. But its still there . . .
October 10, 2012, Doug Crosse files his Grand Jury Complaint with the Ventura County Grand Jury.
October 17, 2012, Doug Crosse holds his TEA Party meeting where he openly brags about the City Attorney calling him to discuss his and the TEA Party’s claim against the City, and he jokes with her about speeding up the denial so he can get on with his lawsuit against the City. Which, remarkably, is just what happened. (Remember, I never would have done this in the 8 years I supervised the civil defense for the City – this is just unheard of). Council Member Mike Judge also attended this meeting.
Also on October 17, 2012, Doug Crosse acknowledges his co-conspirators in his Grand Jury Complaint stunt, as follows,
“Guys like Scott Santino and Ted Mackel don’t get involved in these type of things, my good friend Louis, uh, Pandolfi over there, don’t get involved in things like this except for one reason and that is, we want to hold our government accountable.” Doug Crosse, October 17, 2012
[Editor: speculative remarks removed]
Also on October 17, 2012, Louis Pandolfi posts on Facebook the following “poll”:
“1. Did you vote, or would you support, condominiums in the hills at the gateway to our community, at the Happy Face location?
2. Are you in favor of disbanding “our Police Department, firing our police officers and contracting with the County.”
Then, on October 22, the Robo Calls happen with the following script (notice the quotes and then check again Louis Pandolfi’s “poll” above):
“Dear Neighbor, I’m really concerned about crime in Simi Valley. Did you know that Steve Sojka running for City Council may want to shut down “our police department, fire our police officers, and contract with the county?” Imagine wanting to shut down our fine police department? This is the same Steve Sojka who gave $70,000 of our tax money to a friend and campaign supporter to remodel his used car lot, a matter now before the grand jury. Sojka voted for condominiums in our hills at Happy Face. Sojka talks the talk but doesn’t walk the walk. Its time to get rid of Sojka before he really hurts our community. Thank you. This message is paid for by Justice Political Action Committee.”
Notice the near exact wording between that Louis Pandolfi uses on October 17, 2012 in point 2 and the Robo Call Script? The 12 Magic Words Gate? Perhaps just a coincidence. Also, there is no Justice Political Action Committee, which makes this Robo Call illegal on its face. And, as there is only one used car lot in Simi Valley, with the implication that because it is “now before the grand jury” that it “really hurts our community” the tie in also makes it actionably defamatory and qualifying for punitive damages in its very face. That is, if the identity of the Robo Caller participants is firmly determined to the satisfaction of a court of law.
October 24, 2012, Barbra Williamson and Mike Judge hold a press conference calling on the City to investigate the grant authorized by Steve Sojka and Glen Becerra.
October 29, 2012, Doug Crosse waives his broom in City Council chambers, giving proper witch hunt imagery to his political stunt.
November 1, 2012, the Ventura County Grand Jury announces that it is declining to investigate the complaint prepared and filed by Doug Crosse and endorsed by the Simi Valley Moorpark TEA Party. Grand Jury foreman Jay Whitney later spoke with the Ventura County Star, where he “characterized the letter as essentially a form letter, saying it should not be interpreted as meaning that the jury made any findings as to possible criminal violations with the grant.”
November 19, 2012, City Council on motion by Barbra Williamson, directs City Staff to meet with Doug Crosse to discuss his concerns regarding the K & J grant. On November 20, 2012, Doug Crosse in an interview with the Star, states that he hopes the meeting will be open to the public. “ “I will cooperate in any way I’m able to,” he said. “I’m glad that at least it’s moving in some direction.” He added that he would like his meeting with city staff members to be open to the public.”
On December 3, 2012, Assistant City Manager Brian Gabler informs Mr. Kolarek’s representative that they are not welcome at the meeting as it is “not open to the public.”
On December 4, 2012, Doug Crosse, Ted Mackel, Tom Mackel, Louis Pandolfi, and Barbra Williamson met with City Manager Laura Behjan and Assistant City Manager Brian Gabler, and instead of discussing the City’s procedures as was the basis of the motion passed by the City Council, a member of the group instead implies Mr. Kolarek committed fraud while others demanded additional documentation not authorized by the Participation Agreement, which demands were promptly adopted by City manager Behjan. Note: this paragraph was edited to emphasize that not all members of the group accused Mr. Kolarek of fraud after I received a threat of lawsuit. The individual heard prominently suggesting fraud was Louis Pandolfi. The audio of the meeting and the lawsuit threat will be posted later today for full disclosure and clarification.
On December 6, 2012, Assistant City Manager Brian Gabler writes to Mr. Kolarek and on behalf of the City, adopts the demand of the TEA Party group, demanding the documents from Mr.Kolarek that the TEA Party group demanded from the City on December 4. Mr. Kolarek, through representatives, declines to participate.
On December 17, 2012, Jared Held, TEA Party Vice President, posts on Facebook copies of K & J Auto business checks with bank name, address and account numbers unredacted. The City later confirms that it erroneously released copies of the checks to Doug Crosse in violation of its own policies.
On December 19, 2012, Mr. Kolarek chooses to return the grant money.
And yet, the TEA Party continues its attacks.
This concludes Mr. Green’s remarks and I appreciate his permission to repost this content.