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Simply
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CZ
MASTER ASSOCIATION JULY 2005 MEMO UNWOUND
WHAT
CAN YOU BUY WITH ONE QUARTER MILLION DOLLARS PER YEAR?
PROPOSALS
TO BAN CZ BOD AND DISTRICT DELEGATE SEATS &
CUMULATIVE VOTING - UPDATE:
COTOBUZZ
EXCLUSIVE: UNDER COVER OF DARKNESS CZ CHANGES
SECURITY COMPANY
COTO
TRAFFIC ACCIDENT 2H2005 UPDATE
2006
CZ MASTER BUDGET RESPONSE TO REQUEST FOR INPUT
CALLS
FOR CZ MASTER GM RESIGNATION/TERMINATION INTENSIFY
LYLE
SCHLIEDER APPOINTED TO CZ BOARD FOR 1-YEAR TERM
IS
IT MOI? -
THIS WAS RUN LAST MONTH, BEFORE
WE
BROKE THE STORY OF THE MIDNIGHT RAIDERS.
CLOGGED
KLUG'S KUE - a summary of the CZ GMs lack of response
to issues\
VIVA
HEDONISM!
COTO
RESIDENTS ONLY - JOIN THE COTO DISCUSSION FORUM
- Address Verification Required
COTOBUZZ
EXCLUSIVE: UNDER COVER OF DARKNESS CZ CHANGES
SECURITY COMPANY
As
a CotoBuzz exclusive, we first reported the firing of
Securitas as the CZ Master rent-a-cop company, on July
18, 2005, just hours after a Coto resident affiliated
with the new security company, under the cover of
darkness (Friday July 15 at midnight to be more
precise) was recruiting current Securitas employees by
inviting them to "..apply with Universal
Protection Services and remain at your current
assignments. As an incentive, we will be
offering you a hiring bonus of $500.00 to join our
company". so read a memo addressed to All
Current Security Officers at Coto de Caza, dated July
15, 2005 co-authored by UPS' regional and branch
managers.
This
midnight raid was followed by a counter offer, July
18, 2005 from Securitas branch manager by offering
"...a Retainer Bonus of $600.00 and place you at
a closer post to home.." according to memo
authored by David Nakamura.
Blindsided,
various Coto Discussion Forum readers called for due
diligence reports on the switching of security
companies: "if
this story about firing Securitas is true,
it represents one more of many unprofessional fiascos
of the highest order" . CJ Clug where are
you? You are supposed to be the
professional CZ hired to properly manage the
Association. I have no problem switching from
one supplier to another; but it should happen as part
of a rigorous competitive due diligence bid
process; not in the middle of the night to give
business to some crony of the Board". This
reaction followed by mostly unanswered requests for
information "... to do a full background check on
this new firm that apparently went about hiring
Securitas employees with bonus money in the middle of
the night. If these stories are true, they are
shocking, unprofessional, unethical and
sleazy". The story not only turned out to
be accurate, but it goes from bad to worse.
Other
questions fired to the CZ General Manager that
were not properly answered:
1.
Did the Board issue a formal RFP to select Universal
and was weighted scoring used to arrive at this firm?
Or, was just informal interview used?
2.
Since there has been no announcement concerning the
process or the change, when did the Board go out to
bid for security services?
3.
How many companies actually bid on our business?
4. Is Universal in the top three security firms
in their industry?
5. Who are Universal's major clients in Orange
County?
6. How long has Universal been in business?
7. Who owns Universal? Who are the
principals?
8. If they have a Dunn and Bradstreet number,
please provide.
In the
August 2005 CZ Master President's letter, The
president casually writes "..if you have not
already noticed or heard, we have decided to select
Universal Protection Services to replace Securitas as
Coto's gate access/patrol company. We have had a
long and very good relationship with Securitas, but
Universal came in with a very compelling offer and
program that we would have been remiss if we did not
select them". For the past three years,
CotoBuzz has documented areas showing lack of cost
effective service provided by Securitas. So
perhaps the relationship the president talks about is
more personal than professional.
On July
23, 2005, CZ Master General Manager confirmed to
former board member Joseph Morabito "The
Universal Proposal will be available in the
Association office per your request". On
July 23, 2005, Joseph Morabito and district delegate
Joseph Aguirre stopped by the Association office to
audit said proposal. Results: Not only was
the General Manager not present to respond to any
questions, but the audit team found that contrary to
CZ Master Association president's assertion of a
"very compelling offer and program" from
UPS, what was available was simply a collection of
flyers, with no scope of services, service level
agreement or pricing, one would reasonable expect to
see. Repeated requests for clarification have
gone un-answered to date.
The
confusion does not stop here. When the
president's letter fails to confirm that the service
provided by Securitas fells short of the mark, this
does not bode well for Coto or UPS either. When
people do not recognize they have a problem, they will
not be able to fix it: How will Coto residents
know that UPS is providing a good service? Going
by the CZ General Managers method, "if the
contract is renewed, then they are doing a good
job", is simply not acceptable.
A
Coto Discussion Forum writes "We had some very
good friends over for dinner last night who were quite
upset over their treatment by the security guard at
the Oso gate. These friends are on our permanent guest
list. They gave the guard our name; he asked for the
address. They gave him our street, but said they
didn't know
the number. He said they were causing him a lot of
trouble as he would have to look it up. He then
"looked it up" (wouldn't he have to look it
up to see if they were on our guest list?). When he
finished he told them they had
caused him a lot of extra work having to look us up in
the computer. I guess his attitude did not reflect
"welcome to Coto" and I am quite disturbed
by these unpleasantries. Is this the
"old" company or the "new"
company? Doesn't the job of the gate attendant revolve
around giving passes to guests that have been called
in
and doesn't that require a search on the computer to
discover if the guest has been called in?"
According to a document addressed to all
"Securitas employees" from Securitas Branch
Manager, the contract with CZ Master Association ends
September 1, 2005. This can be further evidence
of either hasty decisions, or careless planning, as no
transition plans seem to be available.
Further
evidence of the above statement is the launch of a new
and improved transponder plan announced last month by
the CZ Master General Manager. When we asked for
clarification, we received a typical response:
Un-responsive. Why would the board launch a new
transponder program days before they terminate
Securitas contract? The answer is provided in
the August 2005 President's Letter: "We had
a couple of delays, but the program will commence with
you getting a phone call within the next couple of
months.." If this is not an example of
gross incompetence, we do not know what is!
CZ
MASTER ASSOCIATION JULY 2005 MEMO UNWOUND
Following
are comments to the August 2005 CZ Master
Association's Presidents Letter in no particular
order:
Lies,
lies, lies – a compelling argument
- It is
questionable if and when the board would have let us
know about the termination of Securitas as the
security company if CotoBuzz had not broken the story.
It
is questionable whether the board doing business with
Coto residents is legal.
There is no question however, that a midnight
raid on current security personnel is an ethical
lapse.
It
is no question that Bob Varo claims that Universal is
familiar with GateWorks (refer to previous documented
lapses on this project). What is questionable is the relationship between the Mitch
Hill heading the questionable GateWorks project and
the selection of Universal.
It
is questionable whether the potential savings as a
result of the compelling offer will be used to
subsidize The Estates and The Villages and continue
CotoCAN funding.
There is no doubt that, after CotoBuzz broke
the story, Bob Varo promised a “…very compelling
offer and program, that we felt we would be remiss if
we did not select them”.
There is also no question that an audit to
review the promised deal, found absolutely no
compelling offer.
It is no question that the audit team was told that
The GM Had received formal proposals from
Universal, Pacific Oaks Security, Guardsmark,
Securitas, Allied Barton and Boyd&
Associates. It is also not question that the
audit committee did not find traces of one quality
proposal.
Given
the pattern of questionable decision making, apparent
cover ups, and ethical lapses, CotoBuzz would be
remiss if we did not ask the Board to resign.
Transponder
Program Off Again On Again -
Last
month, when the CZ Master President announced that
after extensive research on behalf of the board by a
team of security consultants, a new transponder plan
was ready for implementation, we were curious about
how this would work, given that the Midnight Raiders
were waiting on the fence.
When we asked for details regarding the
plan,
we had to define the term plan
so the GM would understand what we were asking for.
Needless
to say, we did not get far.
But surprise! This month’s president’s letter tells us that there were
“a couple of delays, but the program will commence
with you getting a phone call…..”.
We are not sure if we are being counted as one
of the delays, but given what we know about the
Midnight Raiders, we are more interested in the
details of the plan than ever!
Vendor
Management
-As
if this was just another routine action, the
August 2005 CZ Masters President’s letter
asks if you have heard (from Cotobuzz we gather), that
the board decided to select the Midnight Raiders aka
Universal Protection Services to replace Securitas as
Coto’s gate access/patrol company.
The president goes on to say that “We have
had a long and very good relationship with Securitas,
but Universal came in with a very compelling offer and
program we felt we would have been remiss if we did
not select them”
This
is very disturbing!
Characterizing
the relationship with Securitas “…as long and very
good…” simply indicates that the board is either
clueless as to the state of security within Coto, or
is setting up yet another excuse for poor vendor
management. Given that the GM was not able to
produce a scope of service, a service level agreement
or any other form of due diligence during a recent
audit, a reasonable person that the new security
company will be as mis-managed as Securitas was.
Now,
Bob Varo indicating that “Universal came in
with a compelling offer, lends credence to the alleged
“friendship” between UPS
and the Board. Especially since the audit
team did not find an offer, and certainly could not
have been less compelling.
So
much for vendor management!
Creation
or Evolution?
-
The
August 2005 CZ Masters President’s letter states
that Varo met with Sheriff Corona regarding traffic
enforcement in Coto.
He goes on to say that
“this issue of traffic enforcement is one
that has evolved because Coto is not an
entity that is capable of contracting with the
Sheriff’s Department for police services”
We
believe that the issue is the yearly doubling of
traffic accidents within Coto since Varo decided to
cancel the CHP contract for traffic enforcement.
For three years, CotoBuzz readers have told the
board that contracting the Sheriff for traffic
enforcement was the wrong solution.
Prior
to the termination of the CHP contract, captain Elzig
sent numerous requests to meet with the board.
The CHP also requested time from a board
meeting to discuss the launching of a proposed resident awareness campaign – no response
from the board.
A former board member opines:
The Board has continuously ignored pertinent
information regarding the CHP and the Sheriff and
keeps "discovering" the limitations on the
Sheriff re proactive traffic enforcement. Most people
would do the investigation before canceling the CHP.
Seems they have talked to everyone, but the CHP and
former Board members.
The
August 5, 2005 issue of the Wall Street Journal states
that Very Old Eggs Reveal A Fast, Changing Path
Through Evolution. Prof. Kerfoot of Michigan
Technological University "By hatching the eggs
one muddy layer at a time, he realized that he could
compare one generation with another to investigate evolutionary
changes". Sort of like Bob Varo
has done over the last three years.
So,
is the problem evolution or creation?
We believe that evolutionists continue to be on
the wrong side of history!
Mission
or Perdition?
-The
proposed Mission Statement to go along with the 2006
Budget is either disingenuous, arrogant or both:
Firstly,
this mission statement is intended to give Mitch Hill
a free hand with this “vision” of continued
subsidy to the Estates, The Villages, CotoCAN and
everyone else that comes along begging for a handout.
Perhaps more along the lines of what Joe
Morabito might call “feel”, and well beyond the
scope of what the association was created for and does
not focus on the real issues.
Secondly,
any mission statement that is not supported by core
values and beliefs is at best an exercise in futility.
Thirdly,
Mitch Hill’s misguided intention to re-define the
term “community” to include the Estates and
Villages, and the participation of the rest of the BOD
in such act, is
simply naïve and irresponsible.
The
purpose of the CZ Master Association, as stated in the
CZ Website is:
The
purpose of CZ Master Association is to ensure that the
Common Areas and Common Facilities will be maintained
in an attractive manner and will be available for the
enjoyment of all members. As members of the
Association, we all share in the future costs of
maintaining these Common Areas and in covering
the costs involved for administration of a large
Community Association.
Family
Budget
- Given
that the current board believes Coto residents are
financially illiterate (why else would they say that
“the budget process, although larger, involves the
same challenges of a family budget, where annual
increases in the CPI must be taken into account by
increasing revenue or decreasing services”
Obviously,
this is a set up, by fallaciously stating that there
are no other alternatives, such as “being fiscally
responsible” and having competent management, etc.
However, to humor them, what if Coto’s budget
was managed like a family budget?
For example:
If
my kids want to live in my house, without paying rent,
they MUST abide by our house rules.
If they break them, they pay dearly.
Hint: In this case, the Estates and Village kids would not only pay
for all the gate over-runs, but would be assessed
stiff penalties.
If
aunt Betsy and uncle Bill want to prolong their visit,
they MUST pay their fair share for groceries, and
other consumables.
Hint: In
this case, the Estates and Village people would have
to carry their own load.
If
our accountant fails to detect over-invoices and
rarely looks at the books and instead wants to hire
consultants to do that work, we simply fire him.
Hint: In
this case, Keystone would be fired for failure to do
their job.
If
any member of the family wants to find out how they
are doing with their respective share of the budget,
the books are totally open.
Hint: In
this case, every district’s budget consumption would
be known to any resident.
If
our cousin Cara wants to have
a party where you can play sports or watch a
movie for free, she can simply work for it, ask for
donations or work on fund raisers.
Hint. In
this case, CotoCAN would have to fend for itself.
If
the cable company or the telephone company fail to
deliver on the services, we do not wait to see if at
the end of the year we renew the contract, as the GM
would suggest. Instead,
we simply let them know why we do not like their work
and have them explain themselves, or simply fire them.
Come
to thing of it, if
we see the Coto budget as just another family budget,
that may not be so bad, right?
When
Service Providers Prepare Your Budget and Spend Your
Money:
The
Request for Input memo addressed to not Coto Residents
and Non-delegates includes the following Tax and Spend
item:
Improve
Gate Access Control and Traffic Patrol:
Reduce personnel hours for manned gates.
Translation:
Take away the labor content from the
“security component” to increase the margins for
the principals, after all that is what the Estates and
Villages are there for. So CZ Master can continue to build The Bridge.
Provide
on-site CZ Master Association offices and staffing
Translation:
Keystone is using your money to manage other
properties and the best it can do is give you a
useless GM. If
you want yours managed, you need to hire either more
people, or more consultants.
Wool
Over My Money
- The
Request for Input memo addressed to not Coto Residents
and Non-delegates includes the following Tax and Spend
item:
Upgrade
irrigation system and landscape to reduce water
consumption.
Translation:
For
the last three years, Keystone has neglected to
institute a water conservation program and a proactive
preventative maintenance for the sprinkler system. Consequently
a large portion of the sprinkler system is now
non-functional. What
has been happening is that new plants are installed
only to die a few weeks later for lack of water.
For those who want details, give us a call and
we can take you to various places in Coto so you can
see first hand what we are talking about.
What
the BOD has done is mask Keystone’s incompetence by
hiring landscaping consultants,
who have focused
on simply scheduling the landscaping companies,
without anyone looking at the state of the sprinkler
system, consequently deterioration occurs.
We have
asked Keystone for a Test Procedure – so that
Keystone personnel, landscaping committee members,
district delegates or even concerned citizens can
periodically test the system.
We have
alerted CJ, several times, that there are various
leaky service vales around Coto.
In most cases, the problem is that that valves
are used as outlets for day-to-day use by service
providers. Because
these are not designed for day to day use, the valves
are not easy to completely shut off, and therefore
that water simply flows freely.
So the
issue is NOT to Upgrade irrigation system and
landscape to reduce water consumption, but hold
Keystone employees and the landscaping consultant’s
feet to the fire and do some managing for a change!
Conclusion:
Before any new program is started, Keystone has
to go – they have shown to be totally incompetent.
More so than Securitas
SECURITAS
DOES NOT COMPUTE
Something
does not compute!
Bob Varo implies that Securitas has done an
acceptable job for Coto (we think otherwise and have
written extensible on the subject for three years).
“We have had a long and very good relationship with
Securitas, but Universal came in with a very
compelling offer and program that we felt we would
have been remiss if we did not select them”, Bob
Varo, President’s Letter August 2005.
At the
same time, we are told that the GM has received
proposals from:
- UPS
- Pacific Oaks
Security
- Guardsmark
- Securitas
- Allied Barton
- Boyd &
Associates
…And
it gets better. An
audit of
these proposals, as supplied by the GM,
failed to find a compelling offer and program
from UPS – In fact, there was no compelling offer
and program. Simply
a collection of flyers from UPS and no proposals from
other companies.
Perhaps we should call NY Attorney General Jay
Spitzer? You know, the one who brought down the
insurance brokerage industry because of the payola
associated with insurance proposal?
District
Delegates and Alternate
- Do
you know who your District Delegate is and if there is
an Alternate?.....District Delegates represent your
subdivision on a variety of issues and casts your
votes at the election of the Master Association Board
of Directors” CJ
Klug, CZ Master Newsletter 07-15-05
- But
just because it is your vote, some district
delegates will refuse to tell you how they voted,
just in case you ask.
- And
if district delegates editorialize when
representing your interests, you will dropped from
my “buddy” list.
Reducing
Crime According to the GM
- The
GM describes how he recently met with the Sheriff’s
Office Investigators concerning general law
enforcement in Coto.
His findings:
“Cars are often broken into, not to steal the
car, but to get exposed laptop computers or other
valuables”. Armed
with this newfound knowledge, his solution to reduce
crime, items stored in your car should be out of
sight….”
This
compares to recommendations made by Lt Deck and
Captain Elzig:
1.
Awareness campaign – In the past, the CHP
has volunteered to attend CZ Master Board
meeting and discuss the issue with residents.
2.
Visibility – simply having CH patrol car
around, even if they are parked and non-one inside!
3.
Coordinated communications – coordinate local
law enforcement agencies, CZ BOD, “rent-a-cop”
services and neighborhood watches.
However,
Captain Elzig confirmed that although the CHP is the
primary law enforcement
body in California and has the most
sophisticated data collection system, no one from the
CZ Master BOD, nor
a representative contacted her prior to terminating
the contract.
The
morale of the story?
You get what you pay for? And the CZ is
paying a lot for a new GM and getting nothing to show
for!
Bad
History of Gate Runners The
CZ General Manager states that “Coto has a bad
history of gate runners hitting or breaking off arm
gates because they did not wait for the green
light”. Our sources tell us that over 30% of these gate runners come
from the Estates and Villages, but to date Securitas
has yet to issue any citation that sticks,
WHAT
CAN YOU BUY WITH ONE QUARTER MILLION DOLLARS PER YEAR?
QUESTION:
What can you buy for 1/4 $million/year?
ANSWER:
A landscaping consultant and a general manager
QUESTION:
And what do they do for you?
ANSWER:
They generate over 20 pages containing proposed
rule changes that deal with such important items as
New Guidelines For Saturday Landscape Committee Walks
With District Delegates (Note that the GM is not
required to attend), Fine Schedule,
Fine Violation, Policy Regarding Roots and
Branches and of course, subsidized use of the Sports
Park for non monthly-dues paying
CZ residents. If you do not know what this means, check your mail for a
very important note from the CZ Board of Directors
regarding Notification of Most Important Proposed Rule
Changes dated August 3, 2005!
NOTE:
They get to tell you what you are responsible
for, NOT what THEY are responsible for.
Further,
should you complain or editorialize, the GM will NOT
talk to you unless it is to pick up his monthly pay
check + bonus.
QUESTION: What about the water conservation
Program and the Maxicom system? Who is managing
it?
ANSWER:
One is a landscaping consultant,
NOT a water conservation specialist, and the other
one? I forget!
QUESTION: Our children are getting ready to go
back to school. What about pro-active traffic
control and crime?
ANSWER:
That is YOUR problem, not theirs
That is why crime rate in Coto is higher than
any neighboring community and traffic accidents have
doubled every year since the BOD fired the CHP! Note
that you are now starting to editorialize!
QUESTION:
What about proposals to ban the most unethical
use of a delegate and BOD seat simultaneously and the
ban on cumulative voting?
ANSWER:
You are obviously editorializing now.
Refer to previous answer!
PROPOSALS
TO BAN CZ BOD AND DISTRICT DELEGATE SEATS &
CUMULATIVE VOTING - UPDATE
Given
that traffic accidents have doubled every year since
this board fired the CHP three years ago, that monthly
dues have increased, landscaping in general, including
the irrigation system are in a general state of dis-repair,
that the preferred management method is the use highly
expensive and ineffective consultants, a number of
apparent cover ups and ethical lapses, we reported
last month that two proposals have been
advanced: To ban cumulative voting and to ban
holding a position on the board of directors and a
district delegate at the same time. Even when
the General Manager confirmed that the amendment
had been included in the July 2005 CZ BOD Agenda, the
subject did not come up. No word as of yet on
the ban on the ethically challenged practice of
holding a board seat and a district delegate
seat. Silence is golden!
Cumulative
voting - although designed to protect the rights of
minority interests, this board has consistently abused
it and misused it - and the results cannot be more
dramatic. From a yearly doubling of the accident
rate, to pre-empt the election of an independent
candidate to the board, the highly suspect appointment
of an unknown entity as the new security
company. Click
here to follow a discussion
for and against cumulative voting as id developed in
the Coto Discussion Forum:
Ban on
Holding a Position on the CZ Board of Directors and
District Delegate simultaneously - The archaic
electoral process used to manage the CZ Master
Association is a representative form of
government. Each district elects a delegate
based on a majority of votes. The delegates can
then elect the Board of Directors. In the past,
the members of the BOD vowed that if elected, they
would not serve on the board AND as delegates, as this
was highly unethical, since they could not only votes
for themselves, but also derail a recall if one was
necessary. The process is so corrupt that
certain district delegates have even refused to
disclose to their own constituents how they voted in
the last election, even though they are supposed to be
representing these same constituents! - Click here to
follow a discussion for and against the ban on holding
two positions.
LYLE
SCHLIEDER APPOINTED TO CZ BOARD FOR 1-YEAR TERM
On
Thursday, July 14th the CZ Master Association Board
unanimously appointed Lyle Schlieder, long-time
resident and former board member, to complete the
remaining term of this year, which was vacated by Sean
Larkin, who has moved out of the area. Lyle's term
will run until May 2006, at which time he has the
option of running for a new two year term in 2006. So
reads the announcement posted on the CZ website
immediately after the CZ BOD meeting.
But
of course, in CZ tradition, this is not news to
CotoBuzz readers, as we announced Lyle's selection in
the July issue of CotoBuzz, weeks before the formal
announcement. Of course this is not to brag that
we can get the timely story, rather it is a sad
commentary that days earlier the CZ General Manager
sends out invitations for volunteers to replace Sean
Larkin's Hit and Run. At the same time, he
confirms in writing that a selection has NOT been
made, whereas CotoBuzz readers know otherwise.
The only conclusion is that the General Manager is a
willing participant in a cover up, or is so ignorant
of Coto affairs, that he should be paying CZ residents
for his lack of services.
Bob
Varo states that his selection is the right, because
his criteria is met "..he is a delegate,
continuously attends board meetings and he
volunteered". CotoBuzz has gone on record
stating that we are willing to give Lyle the benefit
of the doubt, but he has left little doubt:
Assuming that he is willing to go along with a ploy to
pre-empt an independent candidate who is not a
delegate, who does not share the same objectives as
the current BOD, and accept his appointment, it still
does not explain his going along with the BOD rather
strange process used to select the Midnight Raiders,
given his alleged extensive procurement
experience. We now do not have ANY doubt - the
ball is on Lyle's court!
Discussion
on a Ban on Holding a Position on the CZ Board of
Directors and District Delegate Simultaneously:
Reader
- Delegates
should even be ENCOURAGED to run for the Board.
By being delegates they have shown interest in their
local government. What should not be allowed is
delegates not resigning this position if and when
elected to the Board. There is certainly
precedence to this in our national elections.
I FURTHER AGREE. Let's not get too emotional on
this.
COTOBUZZ
- You
are absolutely right.
Like you, we applaud anyone who volunteers to
make our community better. And in general, there is nothing inherently wrong with
volunteers trying to do as much as possible.
When a person is a district delegate and holds
a position on the board of directors, they consciously
decide (at least this is what we would expect) to
proceed knowing full well that they will not be able
to please everyone, and will be exposed to personal
abuse.
What
is wrong is that like it or not, the CZ Board is our
local governing body with authority to tax and spend
with impunity. Further,
the board has legal (forget about ethical) powers that
rival any banana republic’s dictator.
Any
functional governing body should be accountable,
transparent, always ethical and conscious of built in
checks and balances.
All of which are missing from the current
board.
Power corrupts, Absolute power corrupts absolutely!
We simply refuse to be held hostage by a small
minority with questionable motives, questionable
ethics, lack of leadership and management skills and
most importantly, focused on MBC (Management By Click)
and lack of accountability.
Like
you, we do not propose looking at these issues
emotionally, but rather looks at the facts and react
accordingly.
Discussion
of merits of passing cumulative voting:
Reader:
Hey,
Buzz. In
my opinion, your proposal would not advance, but
rather harm, the interests of minority groups seeking
representation on the board.
Cumulative voting is a mechanism that prevents
groups holding a majority of the votes (e.g., 51%)
from capturing ALL of the seats.
For example, if three seats are up for
election, a minority holding at least 34% of the votes
could cast all of them for one candidate and make sure
they got at least one seat.
Why would you want to change that?
Reader2
- We
just had five Board Members, one of whom resigned a
week after the election serve as Delegates voting for
themselves and by extension for their crazy schemes,
to cheat the one candidate who ran against the three
out of a Board seat. The current system is
sleazy, rotten and corrupt and should be ended in
favor of direct popular elections. My Delegate
for Canyon Estates, Bob Curran will not reveal to me
who he should be responsible to (if he is supposed to
be “representing me” ) how he voted in the last
election. That tells me that I don’t need
Anyone and I repeat Anyone speaking or voting for me.
We have soldiers dying in Iraq to bring democracy to
those people when we do not have democracy in Coto.
The Delegate System with 26 people voting, of which 5
were existing Board Members who used cumulative voting
to keep themselves in office, has resulted in the most
ineffective, incompetent CZ Board ever seated in the
history of Coto. There
is something very wrong with this picture
COTOBUZ:
Your
argument supports our reasoning for promoting the
amendment. Namely,
we live in a Plan B world.
Consequently, a small minority has a strangle
hold on the affairs of the association, allowing them
to make questionable decisions, with no
accountability.
The
major battle we are waging is that of resident apathy.
Since this new minority has taken control of
the CZ BOD, apathy has increased, as measured by the
number of individuals willing to run for vacant slots
on the board. After
all, why bother if the small minority is fully in
control.
Although
we do not expect the amendment to pass soon, we are
confident that eventually the silent majority will be
fed up status quo and make a clean sweep.
Reader:
My
e-mail was not an "argument," but rather an
accurate statement of fact, to wit, that cumulative
voting is generally GOOD for, and in the best
interests of, a minority.
Evidently,
you take this a step further, by suggesting that
cumulative voting is SO GOOD for a minority that it
allows them to assert complete control.
Your assertion is mistaken.
Generally, cumulative voting allows a minority
group to elect representatives in PROPORTION to their
support (as long as their support is above a certain
threshold, e.g., 1/3 in the case of 3 seats open for
election). If
you think about it, a minority could never use
cumulative voting to elect ALL open seats in an
election.
Perhaps
your attack on cumulative voting is, in truth,
misdirected dissatisfaction over the results of the
last election. If
so, then your real targets should be (1) the mechanism
of representative elections (as Joe Morabito suggests
in his separate response), and (2) resident apathy (as
your last email acknowledges).
As
a practical matter, I don't think the representative
election mechanism (i.e., delegates) CAN be changed,
because I believe it would require an amendment to our
CC&Rs and the consent of every homeowner.
As
to your complaint regarding apathy, there is simply no
merit to challenging the last election on the (unprovable)
grounds that there exists some "silent
majority" that didn't bother to vote, but would
have voted otherwise.
At every level, the political process is
controlled by those who care enough to be engaged in
it. In a
pluralistic society, government is influenced most
heavily by those who care the most. That's not improper. It's
our political system, which does not require anyone to
vote or get involved if they don't feel like it.
Of course, even those who didn't care enough to
get involved or vote in an election are obliged to
abide by its outcome.
To
be sure, it is your prerogative to try to mobilize a
silent majority (if it exists) and/or to combat
apathy. Any
such effort is laudable, and I commend the energy you
expend to bring about the change you think is
necessary. If
you succeed in mobilizing some silent majority, then
you'll bring about the changes you seek.
If you fail, though, we may have to conclude
that the "apathy" (or lack of participation)
we see actually reflects a general satisfaction with
the current state of affairs.
COTOBUZZ:
Indeed - this process is REALLY BAD for the majority
of Coto residents. Consider that a minority of
roughly 0.5% is making (questionable, fiscally
irresponsible and unethical at best) decisions
on how to spend roughly $10,000,000.00 per year.
Power corrupts, Absolute power corrupts absolutely!
We simply refuse to be held hostage by a small
minority with questionable motives, questionable
ethics, lack of leadership and management skills and
most importantly, focused on MBC (Management By Click)
and lack of accountability.
You
seem to forget that we live in a Plan B World:
In this case, BOD members are also district
delegates AND they are like minded.
Widespread apathy allows them to become
district delegates by simply voting for themselves
district delegates and for themselves as board members
- that is, support threshold is generally something
equal to or greater than one vote.
Your
statement
" a minority could never use cumulative voting to
elect ALL open seats in an election" uses
fallacious reasoning.
See above. Fallacious is also your
statement "...there
is simply no merit to challenging the last election on
the (unprovable) grounds that there exists some silent
majority." and so is your conclusion
"...
If you fail, though, we may have to conclude that the
"apathy" (or lack of participation) we see
actually reflects a general satisfaction with state of
affairs.
CALLS
FOR CZ MASTER GM RESIGNATION INTENSIFY
Lately we have seen an increase in
calls for the new CZ GM to resign or be
terminated. Following is a sampling of various
messages posted in the Coto Discussion Forum:
A.
CJ:
As someone who has worked in a service business for 25
years and who has owned one for 15 years, I thought I
would pass on to you some very good rules concerning
customer service. I can’t wait for Keystone
Pacific to provide you with training though that
should be happening. And, I can’t count on the
Sunshine Boys who don’t even understand their
fiduciary responsibility as CZ Board Members to
provide you with any positive direction, so as a
Shareholder/Owner of CZ with very high service
expectations, I thought I would tell you exactly what
we tell our employees as follows:
1.
Never ignore the customer even if he/she is not so
pleasant to deal with. Provide answers to the
questions you are asked and as quickly as possible
and/or provide a timeframe when the answers can be
provided.
2.
The customer is always right even when he/she is
wrong, so act accordingly.
3. Never respond to a
customer sarcastically or in a joking manner if the
customer is irate.
4. If you make a
mistake, admit it, apologize and solve the problem.
5. Treat every customer
like he/she is your only customer.
6. Never complain about
your workload to a customer.
7. Never say No to a
customer even when the answer is No. Use
positive words instead to get the message across.
8. Always remain calm no
matter what is said to you by the customer.
Never raise your voice to a customer.
9. Maintain a positive
phone/e-mail voice at all times. Customers can
hear tone. Actually smile while talking to a
customer over the phone. It will come across.
10.
Be careful about e-mail. Words are very
powerful. And, e-mail can and will be forwarded.
So, use e-mail to accomplish positive correspondence
with the customer.
11.
Most important, always remember that clients and
customers make your mortgage and rent payments.
They put food on your table, so act accordingly.
Thank the customer for the opportunity to serve
him/her.
If
you follow these simple rules, you will succeed with
CZ Members. If you don’t, you will fail.
It really is pretty simple. Right now, I would say you
are failing because you are not following these rules.
Either you are a real grouchy crank and/or you are
following directions from the Sunshine Boys to ignore
CZ customer neither of which positions you very well
or Keystone Pacific since you are their employee.
B.
Our experience to date with the new GM is that going
to him for answers is like going to a dummy without a Ventriloquist,
a total waste of time.
We
doubt that the new GM visits Coto at any time outside
board meetings.
Suggestions - simply go to
the board, or other Keystone employees and forget the
new GM
C.
Mr.
Klug, thank you for your response to my email of July
6, 2005. I guess that I did not phrase my question to
you correctly because you failed to respond to the
direct question that I asked you. I asked the
following: "having been in your new position in
Coto now for several months, I would like to know what
YOUR position is on the lack of traffic enforcement in
Coto de Caza." I know what the Board of
Director's position has been and that we have been
promised for well over a year a resolve to the issue
of traffic enforcement with no results. Regardless of
whether HOA's receive their fair share of traffic
enforcement or not from our taxes, I asked what your
position is? Do you think that there is a traffic
problem in Coto de Caza and have your voiced your
concern to the BOD? Do you have a resolve for the
flagrant disregard for traffic laws by drivers in Coto
de Caza and have you made suggestions to the BOD?
I
once again invite you and Mr. Varo to join me in a
morning walk around Coto de Caza and view what I see
as a pedestrian. If you can spend time with delegates
viewing landscape issues, then I would hope that you
could spend time with a resident on traffic
issues! <COTOBUZZ
Comment: We have not seen Mr. Klug anywhere
around Coto, other than during board meetings>
Since
CZ Master seems to be developing a program of hiring
"consultants" to address issues that exist
in Coto de Caza and then suggest a solution to remedy
the issues, how about hiring a consultant. There seems
to be plenty of money in the CZ Master budget to
accommodate everything except the CHP.
I
closed my previous email to you "requesting your
involvement to take a proactive stance to reduce the
traffic issues here." I am closing this email
with the same request and the hope that your will
respond to the direct questions that I am asking you.
C.
I have other issues
with the GM-this just isn't one of them (Yearly
doubling of traffic accident rate since the CZ BOD
terminated the CHP contract.
D.
What
is really sad is that CJ Klug was hired by the CZ BOD,
according to Bob Varo Because “Keystone does
not know how to hire the right people”.
We are afraid
to ask what the wrong people may look like
COTO
TRAFFIC ACCIDENT 2H2005 UPDATE
As
predicted, despite the cosmetic actions taken so far
(refer to
Reducing Crime according to the GM)
by the current board, the traffic accident rate
continue to double every year since the board
terminated the contract with CHP without an advance
notice and without a baseline to judge effect of their
most questionable decision.
| YEAR
2002 |
2003 |
2004 |
H2Q205 |
% |
| ACCIDENTS
15 |
19 |
22 |
26 |
87% |
| PERCENTAGE
0% |
27% |
47% |
73% |
47% |
|
|
|
|
|
|
|
|
|
|
source:
CHP, July 2005 - Official keepers of accident data for
the State of California
Vision
Statement:
There
are various problems with the proposed vision
statement contained
in the July 15th request for input memo.
Reads as follows:
Keep
Coto de Caza the Premier Residential Community in
Orange County by enhancing the environment, providing
high levels of service and fostering a sense of
community.
A)
Process
Having
a proposed vision statement without an introspective
piece is very much like building a castle without a
foundation. This
introspective piece should identify the strengths,
weaknesses, opportunities, threats and trends for the
organization.
Or
as management guru Peter Drucker recommends, the
organization must answer at least the following four
questions prior to finalizing the vision
statement:
1.
Who is our
customer?
– We assert that the customer is a monthly dues-paying
resident of the CZ Master organization. Not the Estates, Villages or CotoCAN
2.
What does
the customer value?
– We assert the customer values security,
environment, accountability &
transparency, collaboration, diversity.
In that order.
3.
What are
our results?
– Traffic Accident rates have double every year
since the board decided to fire the CHP. Irrigation system is at an all time level of dis-repair.
Plants are replaced, yet die shortly thereafter
due to improper watering and care.
4.
What is
our plan?
– The million dollar question!
B)
Scope
The
purpose of CZ Master Association is to ensure that the
Common Areas and Common Facilities are maintained in
an attractive manner and available for the enjoyment
of all members. As members of the Association, we
all share in the future costs of maintaining these
Common Areas and in covering the costs involved for
administration of a large Community Association.
That
is, instead of focusing on customer values, the
proposed vision statement over-reaches to provide the
board with an excuse to spend funds on non-community
related matters
(Estates, Villages and CotoCAN for example)
C)
More Than a
Matter of Semantics
The
American Heritage® Dictionary of the English
Language, Fourth Edition defines community as A
group of people living in the same locality and under
the same government.
It
is clear that the proposed vision statement definition
for community is the inclusion of the Estates,
Villages and other non-paying entities,
which by definition are not part of the CZ Master
Association customer
D)
Walking the Talk
As
mentioned before, for any vision statement to be
meaningful and not just another slogan, it must be
valued-based, goals should shared goals, and the
execution must be consistent and in support of that
mission.
Pretending
that the current board’s actions foster a sense of
community is ludicrous.
First cumulative voting is used to get a
seat at the table and then
systematically destroy the Association as other board members resign,
or are pushed off, to be replaced by like-minded
nominees of the rule thy neighbor crowd. A
perfect storm for on going conflict, chaos, and
commotion, making the recent Midnight Raiders (aka as Universal
Protection Services) raid on Securitas employees,
prior to the board even announcing that a change had
been made, and without a transitional plan in place,
seem tame by comparison.
The
current board came to power using non-homeowner and
self described community activist, Paul Young.
In fact, even though he has not even lived in
Coto for years, he is still listed in the CZ Master
website as Chairman of Delegate and Others Group,
while numerous other residents who have volunteered to
various committees have not been locked out, in most
instances, without even an explanation!
We are fairly certain that this type of
management by clique is certainly NOT fostering a
sense of community.
All
board members are also delegates. For Law and
Order fans, although legal, this is not necessarily
ethical. This is simply a great conflict of interest, and certainly
not conducive to enhancing a sense of community
Most
recently, the convenient resignation of Sean Larkin
days after the election results were announced,
effectively kept out the only independent candidate
running for a board seat. Even though most concerned residents knew that a like-minded
candidate had already been selected, the general
manager went to the association’s expense to send
out an invitation to residents asking for volunteers
for the open seat created by Larkin’s convenient
resignation. At
that time the GM told is in writing that
no replacement had been selected.
In this case the GM is either aiding and
abetting in a conspiracy to cover up Larkin’s Hit
and Run, or he is simply totally ignorant of the
day-to-day association affairs, which he is top be
taking care of. .
In any case, we ask:
Is this conducive to creating a sense of
community? Not to speak of the competence of the
CZ GM!
Budget
The
characterization of the association budget process as
involving “the same challenges of a family
budget….” is
an extreme-oversimplification and shows lack of
understanding of how to run a $10 million/year
non-profit corporation.
The
statement: “Increases in assessments are always controversial so if
there are offsetting savings or services that
can be reduced or eliminated, that will
increase the chances for inclusion in the preliminary
budget”, is further evidence of our assertion.
Given the number of consultants hired by the
current BOD and special interest groups waiting for a
handout from the CZ Master Association, it does not
take a NASA scientist to conclude that resident’s
interest will not rate too high if this
recommendation is followed.
Further,
the assertion that “….where annual increases
in the CPI must be taken into account by increasing
revenue or decreasing services” is
fallacious, as there are other alternatives such as
“being fiscally responsible” and having competent
management, etc.
We
recommend that the ALL current suggested
budget goals are scrapped, with the exception
of item one: Operate
within a balanced budget.
There is a number of reasons for such a strong
statement. We
will provide examples below, and provide suggested
goals, and expand on others at your request.
- Upgrade
irrigation system and landscape to reduce water
consumption.
For
the last three years, Keystone has neglected to manage
the Maxicom system, associated
water conservation program and a proactive
preventative maintenance for the sprinkler system.
Consequently a large portion of the sprinkler
system is now non-functional.
What has been happening is that shortly after
replacing new plants, they die a few weeks later for
lack of water and/or maintenance.
Routinely, we have been shutting off free
running valves and have
told CJ, and other Keystone employees numerous times
of this most obvious water waste. No response to date.
So
the issue is NOT to Upgrade irrigation system and
landscape to reduce water consumption, but hold
Keystone employees and the landscaping consultant’s
feet to the fire and do some managing.
- Improve
Communications with the Board, Delegates, staff
and members.
Clear
hypocritical statement when the General Manage does
not respond to my multiple requests and furthers asks
me to stop communicating with him. I should
point our that I have volunteered for a number of
committees over the last three years. Not once
have I received a notice of acceptance or rejection by
either Keystone, the board or any member of the boards
cliques.
Recommended
Objectives
1.
Active Promotion of Security Committee to
reduce traffic accident rate within Coto to less than
10 per year by:
The
committee coordinates communication between the third
party security companies, CHP (official owner of all
traffic accident data), the Sheriff and other law
enforcement agencies, the Board, residents and
neighborhood watch organizations.
Actively
invites the CHP and other law enforcement agencies to
present to resident and the board the latest issues
associated with law enforcement
.
Monitors
monthly traffic accident data and generates corrective
action requests.
Develops
Service Level Agreement (SLA) and metric system
and problem resolution process.
Monitors security company and issues corrective
action requests.
Failure to resolve such requests, constitutes
default of SLA and may impose penalties and/or
terminate the service provider.
- Active
Promotion of Audit Committee to ensure service
provided is cost efficient
The
current GM has stated in writing that the current
accountability system used by Keystone is to simply
rely on contract renewal:
If the contract is renewed then the service
provided is acceptable.
If it is terminated is not.
This practice is not only naïve, but also
fiscally irresponsible.
The
audit committee will develop SLA and metrics for all
service providers, including Keystone.
Then audits and monitors service providers,
issuing a monthly report card along with any
applicable corrective action requests.
Failure to resolve such requests, constitutes
default of SLA and may impose penalties and/or
terminate the service provider.
- Active
Promotion of Continuous Improvement Committee
Looks
at operational efficiency opportunities and recommends
elimination of programs not directly supporting CZ
Master Association resident’s
Clogged
Klug’s Queue
- CotoBuzz
will be publishing a monthly list containing
items the new CZ General Manager has failed to
provide an acceptable response or take action
on:
Provide
the complete list of District Delegates that voted in
and how they voted, the 2005-2006 CZ
election.
Provide
date when audited
cumulative voting results and minutes can be
audited
Take
a position on whether it is fiscally responsible to
publish a Newsletter AND keep subsidizing CotoVoice
Take
a position on whether current approach to proactive
traffic enforcement is ethically, fiscally and morally
responsible.
State
his position on whether the use of landscaping
consultants (instead of having Keystone do the job) is
fiscally responsible.
State
a position on overall Coto Security Strategy (access
control, traffic accidents, resident data
confidentiality, transponder issues, etc.)
Prepare
2005-2006 CZ Master Goal and Objectives
- see
response to request for input
Propose
Key Business Indicators to manage the association
fiscally, ethically and transparently
Take
a position on ethics associated with dual membership:
in BOD and
district delegates.
Report
on status of amendments: Ban dual membership and
cumulative voting and why cumulative voting was not in
agenda in last BOD meeting, as he had promised.
Water
mis-management – How is the Maxicom system being
managed or not? Prepare
Test Procedures so Keystone employees, district
managers, consultants or concerned citizens can test a
district's irrigation system. Extensive mater waste continues -
and he "is investigating"
Position
on subsidies to the Estates and the Villages
Disclose
who knew what and when Mr. Larkin was resigning from
his recently minted second term in the BOD
Disclose
any conflict of interest associated with the selection
of UPS to replace Securitas. Why he failed to
supply the audit team with the "compelling
offer" Bob Varo promised. Disclose why he
did not provide the audit team with all the proposals
he claimed had been received.
Disclose
how many Keystone employees are scheduled to
participate, in an ethically challenged manner,
staffing the August Golf CotoCan Golf Tournament,
at CZ resident's expense.
VIVA
HEDONISM!
With
page One headlines like “Viva Tequila”
and the continued use of black humor
by the Behind the Gates author
“Since I am one of those who still has to
work in order to pay for my daughter’s designer
jeans and my wife’s make-up, we don’t jet off to
the south of France for “the season.” Rather, we
pack up our SUV and head down to Laguna Beach for a
week on the ocean”, the CanyonLife 06-29-5 issue,
continues to exult the virtues of hedonism.
Perhaps
this is a legacy of the continued belief in evolution?
You know, like the CZ Master BOD
characterization of the traffic enforcement issue as
evolution. Refer
to Creation or Evolution?
PERHAPS
THIS IS ONE OF THE DELAYS BOB VARO TALKS
ABOUT? - THIS WAS RUN LAST MONTH, BEFORE WE
BROKE THE STORY OF THE MIDNIGHT RAIDERS.
More
Good CZ Money after Bad Transponder
r Plan
- “In
an effort to improve security and minimize
unauthorized entry into Coto de Caza, the CZ Master
Association has began a program to re-validate all
issued transponders”
reads the justification used to throw more good
CZ Money after bad:
1.
The CZ Master Association has refused to even
consider base lining the state of security within Coto
de Caza. Rather,
they fired the Security Director after he issued the
State of Security Within Coto de Caza Whitepaper.
So, how do we know if the new program is
working?
2.
The CZ Master Association has refused to
interview persons intimately familiar with the
launching of the original transponder program. As George
Santayana said “Those
who cannot learn from history are doomed to repeat
it”
3.
One of the major problems in the past has been
the administration of the program – very much a
Securitas’ responsibility.
What provisions are being made to make
Securitas accountable this time around?
4.
Securitas record keeping leaves a lot to be
desired. What
makes anyone think they are ready to manage a new and
improved transponder program?
5.
What about the multiple passes issued to
service providers and how does the new transponder
program avoids the past pitfalls?
6.
Major users of the Transponder Program are the
Estates and the Villages.
According to previous Security Director, they
consume at least 30% of the Securitas resources to
administer their use of transponders.
Does the new program address this issue?
7.
On and on and on….
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COTOBUZZ
VISION - Fighting Coto Resident Apathy One Resident At
a Time!
COTOBUZZ
is a change
agent to transform the historically confrontational,
antagonistic Coto culture by maximizing resident
involvement and facilitating communication between the
board, residents and service providers, and eventually
develop a sense of community and civic pride
while maintaining the Coto Life Style we all have come
to love.
Forward
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them to sign up for their own copy (free) at www.cotobuzz.com
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