Gonzales, Oliva Investigation Results

Colton City Council members Frank Gonzales and Susan Oliva responded to accusations made, in two separate complaints, of engaging in misappropriation of public funds, misuse of public funds and conflicts of interest in off-the-books projects after the results of an investigation finding them not guilty was read into the record Sept. 2 and explained to the public Oct. 7. A complaint alleging violations of various state and city laws, policies and procedures in the Public Works Department also accused Gonzales of benefiting as a council member from the installation of two speed humps on the 700 block of Canary Street, where he lives, and accused Oliva of benefiting from the removal of a utility pole and the subsequent filling of the gap in the fence left on her private property. “Neither council member had a conflict of interest, broke any criminal or civil laws or resulted in a gift of public funds to that individual,” Ron Ball, a San Diego-based attorney with Best Best & Krieger hired to perform the investigation on the two council members, told the council Oct. 7. Ball has background in municipal affairs, serving the city of Carlsbad for over 26 years as city attorney and assistant city attorney. Ball told the council he was chosen because of his distance from Colton, that he had no economic interests in Colton nor work or future work promised to him as a result of his findings. Ball found that because the request for the street humps was approved in 2009, before Gonzales was elected to the council, he had no conflict of interest when the speed humps were installed in 2012, two years after Gonzales was elected to the council. In Oliva’s case, Ball found that because the city owned the easement, the city was under an “obligation to restore the property to its prior and useable condition” by filling in the gap in Oliva’s block wall that stood approximately 12 to 18 inches wide and 5 to 6 feet tall – about the size of a utility pole. “It doesn’t turn on who called for service, in my opinion,” Ball told the council. “I think the lawyer did a good job presenting the case,” Gonzales said. “It clearly shows we did nothing wrong.” Council Member Oliva said, “I’ve said very little (on the issue) because I think that’s the right thing to do. Anyone who knows me… knows that I would never do that.” The City News has obtained a copy of the written complaint signed July 13 by Steve Cade, Ron Lawrence, John Anaya Sr., Gary Grossich, Donna Lawrence and Linda Tripp, many of whom said they felt the investigation was incomplete because they asked specifically for an investigation into the Public Works Department. “The complaint was against the Public Works Department. The complaints against Gonzales and Oliva are a side issue. Public Works is doing work off the books with no records attached,” Grossich alleged. Gonzales claimed the complaint made against him was done so on behalf of a citizen’s watch group, Citizens for Colton First. “It’s signed by six people. They deny that it’s from Colton First, but they are all members of Colton First,” said Gonzales. The envelope he received had Grossich and Cade’s names on it, with “Colton First” written underneath their names. Those who signed the complaint said they were Colton First members but told the City News the complaint was not made on behalf of the group. “(Gonzales) insists he received an envelope that says Colton First on it, but I know that’s not the fact,” said Lawrence. “Maybe it was received at City Hall and someone wrote ‘Colton First’ on the envelope, but it was not made on behalf of Colton First. This was done by six private citizens. Members of the group didn’t know about it until they read it in the newspapers.” A Voice of the People submission in the Sept. 18 edition of the Colton City News by Steve Cade also makes this claim. Oliva, who represents Colton’s District 4, said she didn’t understand why she was implicated in these complaints. “I’m not even running for office,” Oliva said. But Gonzales said he felt targeted after a meeting in early July, where he expected to meet with mayoral candidate Richard De La Rosa, who Gonzales said had previously said he would support Gonzales for mayor. Gonzales said when he arrived for the meeting, he was met by De La Rosa and several members of Colton First asking him to run for re-election to the District 2 council seat and help De La Rosa secure the position of mayor. Gonzales said he was told this way, a majority of the council seats would be filled by candidates supported by Colton First. “I was set up and I resented that. I told them that,” Gonzales said. “That’s what triggered all this. Then they started raising these allegations against me… This was a deliberate conspiracy on their part to try and hurt my campaign, period, because I wouldn’t go along with their conspiracy to get the votes.” De La Rosa said he had arranged the meeting but it had taken place in July 2013. “I put the meeting together. It was not a Colton First meeting. I have never been a member of Colton First,” said De La Rosa, a planning commissioner, who denies he promised Gonzales his support for mayor. “(Gonzales) was well aware of what that meeting was. It was business people, residents, members of Colton First, council members and other candidates. Frank was a candidate… We wanted to discuss how we as candidates and current council members would support or not support each other, and what we should or shouldn’t do to have a clean campaign in front of these residents instead of a dirty campaign, which would reduce voter turnout.” Colton First members denied any coercion or attempts to vote count took place. Cade estimated the meeting took place in April 2013, saying, “I and others were invited to participate in this meeting. At that time, Gonzales was encouraged to keep his District 2 seat, but at that time, Gonzales refused… This meeting took place a year and a half before (the election). It has nothing to do with him running for mayor. It has to do with government officials getting something for free at the taxpayers' expense.” During the Sept. 2 regular council meeting and again during the Oct. 7 council meeting, Gonzales asked that the issuers of the complaint be responsible for nearly $4,000 in attorney’s fees, for making allegations found to be false. “It’s totally wrong, making allegations that are totally false. It’s costing the taxpayers money that should have never been spent,” Gonzales said. “Some of these people do not even live in Colton and they’re going to complain and expect taxpayers to foot the bill? That’s not right.” Lawrence felt financial responsibility was not on the signers, who merely asked for the investigation, he claimed. “The complaint was given to (police chief and then acting City Manager Steve) Ward. They didn’t have to do this investigation. They could have said it had no merit, but they chose Best Best & Krieger to do the investigation.” Click Here to View the Complaint Click Here to View the Report