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A Fool’s Errand: The 8th Appeal to the Department of Finance

By   /   June 28, 2012  /   1 Comment

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Well in the continuing saga of Project Phoenix and the Bonds to nowhere. This is the latest email sent to me this evening by the Department of Finance.

——– Original Message ——–
Subject: RE: Public Records Request… Twentynine Palms ROPS
From: Administrative Officer
Date: Thu, June 28, 2012 8:11 pm
To: ‘Dan O’

Dear Mr. O’Brien,

The Department of Finance (Finance) received the following request dated June 18, 2012. Your request seeks an electronic copy of the appeal your city made to Finance’s deficiency letter dated April 27, 2012; specifically an appeal dated on or about June 12, 2012.  You also seek Finance’s response to the appeal.  To date, Finance has not replied to the appeal, but the appeal is attached for your review.

Since Finance does not hold Public Records Act requests open, you will need to submit another request at a later date if you are interested in receiving Finance’s response to the appeal letter.


Jeanna Wimberly | Administrative Officer | California Department of Finance |

Attached PDF

Since you can not get a piece of paper from the City Manager on this subject unless it goes through Rutan and Tucker and at least 30 days of  extensions and excuses, we are always impressed with how open, transparent and helpful the State of California’s Department of Finance (DoF) is in providing timely and complete information.  Munoz has always been a complete jerk when it comes to discovery.

Anyways lest I get off track here. The DoF this evening sent us the City’s most recent appeal. For those of you that are into getting to the facts the information provided is of value to those wishing to have historical insight into the HUGE mistakes made by Richard Warne, Matt McCleary and A. Patrick Munoz as they have put a completely solvent community into a huge fiscal hole.

While this whole appeal might have been made moot because of the signing into law of AB1484 you get an insight into the weird minds of these guys. It is like watching lemmings. These folks never deviated from the course they chose. Even when they were told dozens of times that they were headed towards a cliff. Now that the “Clean Up Bill” has been passed their entire argument has zero merit. Even now, they march onward toward that certain fall, oblivious to reality.

No matter how much money the city plans to throw at this problem they will not prevail. They do not fit into the narrow Dutton exceptions. They blew it. They now have to pay the piper. Is there anyone reading this that has a doubt that the State is going to reject this their latest Appeal?

For goodness sake, we laypersons on this blog were able to see it was a fool’s Errand. The late Ray Charles could have seen this path of destruction. It is time that Warne, McCleary and Munoz publicly admit their error, apologize to the Citizens of 29 Palms and offer some sort of mitigation to the city for knowingly giving such horrible, horrible, did I say horrible, counsel. All three need to tender their resignations.

…… from The Fool’s Prayer, Edward Rowland Sill. 1841–1887

…”Our faults no tenderness should ask,
The chastening stripes must cleanse them all;
But for our blunders—oh, in shame
Before the eyes of heaven we fall.

“Earth bears no balsam for mistakes;
Men crown the knave, and scourge the tool
That did his will; but Thou, O Lord,
Be merciful to me, a fool!”

The room was hushed; in silence rose
The King, and sought his gardens cool,
And walked apart, and murmured low,
“Be merciful to me, a fool!”

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About the author

Dan OBrien


Cactus Thorns has been online in one form or the other since 2001. What started as a personal blog documenting the corruption and lack of Due Process of the 29 Palms Community Development Department has turned into over these many years into a hugely popular Independent Alternative News Media Outlet. We have partnered with other media including The Desert Star Weekly, Joshua Tree Star, other blogs, indie media and an incredible staff of volunteer Reporters, Commentators and Opinion Makers to create one of the most read, honest and dependable alternative to the Local traditional Media services in the country. Thanks to you the reader we are in the 5% of most read sites in the World.

1 Comment

  1. Steve Spear Steve Spear says:

    In light of AB1484 being signed into law it makes things very narrow for the city and the Bonds.

    I still would be very shocked if the State decided that a contract made between a city council and itself as the successor agency and then ratified by an oversight board that failed to perform their duty would somehow allow Project Phoenix to proceed.

    Maybe the low income housing component but even that is questionable because the low income housing component was and is not shovel ready and has no contracts in place.

    I am just very glad that Jay Corbin has already committed that he will not endorse the city pursuing legal action against the State in order to build Project Phoenix.

    After the budget meeting on Tuesday I would imagine that Jim Harris will also not endorse continued legal expenses for Rutan and Tucker to sue the State. But that is speculation on my part.

    As for Mintz and Cole I think they will do whatever the city manager suggests that they should do.

    Klink is the unknown. I know that he is a believer in Project Phoenix but he is also a realist and very frugal when it comes to our tax dollars. He could very well side with Corbin and Harris and not desire to expend hundreds of more thousands of dollars in suing the State for an issue that stands only a minuscule chance of prevailing in court.

    We shall see.

    What I do know is that if Project Phoenix does not get off the ground soon and all we have to show for a 31 million dollar debt of bonds is interest payments to investors for the next 30 years then personal responsibility shall be assigned to individuals that voted for these Bonds come this election in November.

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