San Jose City Takes Back the Viet Heritage Garden Project

In the latest memo issued by the Park & Recreational Department earlier this month, San Jose City announced that it will take over the Viet Heritage Garden Project from  the Viet Heritage Society headed by Dr. Ngai Nguyen..

The project was often touted by former Vice Mayor Madison Nguyen as one of her accomplishments during her 9 years in City Council.  Nguyen was elected in November, 2005 in a special election.  After 10 under the leadership of her most ardent patron, Dr. Ngai Nguyen, the project was found to be  mismanaged according to the memorandum.   The garden is unusable at its current state with muddy and weedy ground surrounding  a partial complete Imperial Gate and an unfinished lotus pond.  The garden is currently fenced to prevent vandalism.

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MEMORANDUM
Date: February 2, 2016
To: Honorable Mayor and City Council



                                                             INFORMATION

This memo will serve to update the City Council and community on the status of the Vietnamese Cultural Heritage Gardens Project ("Project"). On September 26, 2000, City Council approved an amendment to the Kelley Park Master Plan to include the Vietnamese Cultural Heritage Garden.  The Garden Master Plan calls for the construction of a four acre garden where Vietnamese culture, history, art and family traditions can be shared within the larger community.

On April 12, 2005 the City Council approved an agreement between the City and the Viet Heritage Society (VHS) for the development, operation and maintenance of the Project. The original agreement provided funding up to $1,080,000 to the VHS toward design and construction of Phase I of the Project. Subsequent amendments between 2006 and 2011 increased the total contribution to $1,830,000, extended the time to complete the work, and  changed the phasing plan.

The VHS began construction of Phase la of the Project in May 2011. The scope of work included sidewalk improvements, grading, utilities, a 57-space parking area, entry area, Imperial main gate, central plaza, lotus pond, limited landscape, storm water management and associated infrastructure.

Construction work is no longer occurring at the site and the project is not yet complete. One extended delay was related to non-conforming construction of the main gate. Today the site is secured with chain link fencing and subject to vandalism, graffiti, dumping and encampments.

The City began compliance review of the agreement with VHS to gain an understanding of roles, responsibilities and financial obligations of each pretty. The focus was twofold: how the construction process resulted in an incomplete project; and verification that public money was expended on the Project as intended.


The VHS was responsible for oversight and management of the construction project under the terms of the agreement. Staff has reviewed the bid, award and construction administration phases of work and early findings are that it is likely that the project could have been managed more effectively by the VHS. The project remains incomplete and fresher investigation into the construction phase of work is ongoing.

City staff has reviewed available records and documents related to the Project, including financial records of the VHS. As per the term of the agreement between the City and VHS and amendments, the City paid VHS a total of $1,050,000 toward design and construction of the Project between the years 2006-2012.

Other public funders include the County of Santa Clara and the State of California. Private donations received by the VHS funded the gap of almost $1 million between the total costs of the Project and the amount of public funding received.

Public funding and expenditure by the VHS are as follows:

Public Funding                  Source

$100.000                        Santa Clara County
$1,300,000                     State of California
$1,130,000                     City of San Jose
$2,530,000                     Total Income from Public


Expenses Paid byVHS        Purpose

$850,000                         Design Phase
$2,670,800                      Construction Phase
$3,520,800                      Total Expenses Paid by VHS for Project

Based on review of available records, we can confirm that the public funding was spent on the project.  However, it also appears that the project could have been managed more effectively, resulting in an incomplete project.

Currently, the City has $700,000 remaining in the Capital Improvement Program Budget for this project. Staff has agreed with VHS that the City’s Public Works Department will utilize this remaining budget to complete Phase I of the project to make it usable for the public.

This will include items such as site security fencing, decomposed granite plaza, corrective work on electrical lighting, irrigation and main gate roof, and stabilize partially constructed lotus pond for temporary use as a stage pending further site development.

Staff has begun design work, and anticipates construction to begin in summer 2016 and be completed in fall 2016.

It is anticipated that any additional improvements to the Vietnamese Cultural Heritage Gardens would be constructed by the City, and planned as funding is provided by the community.


As part of the Mayor’s Budget Message in 2015-16, $200,000 was set aside over two fiscal years to fund a feasibility study for a Vietnamese Community Center. The study will include establishing an architectural program for the building, community outreach and site selection. Kelley Park. and the Vietnamese Cultural Heritage Gardens are priority areas for location of any future community center.

Outreach will begin with a meeting to be held on February 25, 2016,at the Firehouse, History Park in Kelley Park from 6:30 p.m. to 8:00 p.m.

/s/
Angel Rios, Jr.
Director, Department of Parks, Recreation
and Neighborhood Services

Hillary Clinton Visits Lee's Sandwiches for Lunch

While taking a break from her presidential primary campaign in Nevada, former Secretary of State Hillary Clinton decided to stop by a Lee's Sandwiches in Las Vegas for lunch.  She  of course drew quite a crowd and well wishers the minute she entered the store.  The manager of the store said that her staff told him an hour in advance that she is coming for lunch.

She ordered a grilled pork sandwich and a Lee's coffee.  For dessert, she got a Deli Manjoo.

Vietnamese Tet Festival 2016 in San Jose

                                                          http://www.tetvietnamsj.com/

The "Godfather" Manh Nguyen, His Grand Scheme and Jimmy Nguyen

Various people in the Vietnamese-American community are referring the recently elected Councilmember Manh Nguyen as "Godfather".   Manh Nguyen is well known in the community as a very calculated person and could be a ruthless businessman but  LSI is not sure if the moniker really fits. However, some members of the community are pointing him out for his grand scheme of wanting to be a king maker and populate the San Jose City Council with many Vietnamese-American elected officials as he could.   His latest bid is to encourage and throw his support behind Jimmy Nguyen to run for D8 council seat.  His handler, Bryan Do, is serving as the puppet master.

Jimmy Nguyen is a mysterious fellow. He received his law degree in an obscure law school in Southern California.   After graduated from law school, he worked as a Vietnamese translator for the county and was never seen in the community.  So it was a surprise that he decided to run against the Vice Mayor Rose Herrera in 2012.  He was trounced by her despite the huge support of South Bay Labor and the Vietnamese-American community.   The reason why SBLC and the Vietnamese-American community, i.e., the anti-Madison Nguyen crowd, supported him was that they just could not stand Herrera herself and of course her strong support of Madison Nguyen and Chuck Reed.

After his loss, he simply disappeared from the Vietnamese-American community as well as the D8 community.  Many people in the Vietnamese-American community think that he is  self-absorbed, insincere and has no gratitude.

The people that gave him the most support financially are now saying that they regret the fact that they had supported him.  One of the most influential community  leaders and was his most ardent supporter then even said publicly that on the voting day, he was praying that Jimmy would lose for he suddenly realized that he had supported a terrible person, a person who only cares about himself and is looking at the council seat as a job opportunity but not as a place to serve the public.

Then there are others that he offended so much in 2012 during the election that he is now asking his consultant to ask them if they could forgive him.  Their responses so far to Bryan Do is why Jimmy Nguyen did not apologize then when he deliberately screwed them.   Why waited 3 years later to apologize?  It is a little bit too late for it shows the lack of sincerity.




In the 2012 general election with heavy turn out, D8 saw a little less than 4,000 Vietnamese-Americans  who cast their ballots.  The total cast ballots were over 32,000 with more than $700,000 spent for the election by both sides (mostly by PACs).

Horizon Cross Cultural Center Suddenly Shuts Down

Horizon Cross Cultural Center, an Orange-based nonprofit that has provided job, health, transportation and other supportive services to Vietnamese refugees and other immigrant populations since 1976 decided  to close its door on January 15, 2016.  

State Senator Janet Nguyen issued a press release telling those who are affected by this sudden shut down can visit her regional office so that she can help direct them to appropriate agencies that can continue providing support.

The closing took the the community by surprise but was not unexpected.  Last year, the center was reported by Voice of OC Blog to pay out   more than $1.7 million to settle charges that it falsified records and over-billed local government agencies.  The center auctioned off its building in Orange County for $1.5 million  to pay off the settlement while laid off half of its staff after losing major contracts with the county.

On its Facebook, the center still has its New Year's Greetings but its website has been removed from the Internet.

Whether the recent shut down was due to an ongoing investigation by the OC Disrict Attorney's Office for further fraud or lack of funding is unclear but it surely caught the community off guard. 

Its current board members include Garden Grove City Councilmember Chris Phan who is also an attorney for the OC DA's Office.  Here is a picture of the board and their 2015 Holiday's Greetings with Councilmember Chris Phan holding a gift box.

LSI tried to contact Councilmember Chris Phan but received no response so far from him.  

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The Baffling Actions of Manh Nguyen and his handler Bryan Do

Lan Diep draws first blood in his bid for D4 city council seat. He lost by 13 votes to Manh Nguyen less than a year ago in a special election.

Unlike Councilmember Tam Nguyen who is well liked in the Vietnamese-American community, Councilmember Manh Nguyen is a polarizing figure. And of course, he always has to defend the question that whether Bryan Do, his handler, is the one that really running the show and not him.

LSI received this letter along with documents from a former aide of Manh Nguyen. This is nothing new but to confirm persistent rumors. Lan Diep's chance of winning the seat is a long shot but at least he is taking it to his opponent. 

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To Whom It May Concern:

This year Councilmember Nguyen will once again be asking the voters of District 4 to choose him as their Council representative. As the voters consider whether or not to reelect Manh Nguyen, it is critical that they make an informed evaluation of the job he has done since taking office in August.

As Deputy Campaign Manager on Manh Nguyen’s 2015 campaign for City Council and as a Council Assistant to Councilmember Manh Nguyen from August to November 2015, I worked closely with Councilmember Nguyen and his two close advisors, Jonathan Padilla and Bryan Do. During that time I witnessed what can only be described as a pattern of unethical and occasionally illegal behavior. That behavior is summarized as follows:

• Jonathan Padilla wrote the ethics complaint against Tim Orozco which resulted in investigations of nearly all candidates who ran for City Council and Mayor in 2014. Bryan Do offered to pay the signer, William Bohrer, with city funds, though William declined the offer.

• Over the course of Manh’s 2015 campaign, Jonathan Padilla used his position with the San Jose Silicon Valley Chamber of Commerce to provide confidential information to Manh Nguyen and Bryan Do without the knowledge of other staff in the Chamber of Commerce.

• At the request of the Councilmember, District 4 Council Assistant Thao Nguyen called voters using lists from Manh Nguyen’s City Council campaign as her primary office duty.

• District 4 staff were told that their jobs in the office depended on their willingness to take leaves of absence and work full-time on Manh Nguyen’s reelection campaign.

• Jonathan Padilla and Bryan Do knowingly misrepresented the duties of one employee, My Nguyen, in order to avoid paying her a union-mandated wage and benefits, and threatened me with termination for not taking adequate measures to hide this scheme.

• The District 4 office flouted City policies related to government transparency and office administration by giving Bryan Do unreported access to the 18th floor of City Hall and requiring District 4 employees to treat him as a supervisor.

These six examples do not make up a fully comprehensive summary of the increasingly concerning information I learned and behavior I witnessed. For example, there was a dispute over Councilmember Nguyen’s residency in 2015 that I would encourage the media to revisit. However, the above list does include what I feel should be some the most important concerns unknown to the public regarding the short tenure of Councilmember Manh Nguyen.

I have decided to go public with this information in large part because of a phone call I received from a reporter on January 21st, telling me that she had been pitched a story about how I had been fired from the District 4 office. This rumor has been spread by supporters of Councilmember Nguyen in order to weaken my credibility and paint me as a disgruntled former employee. It is defamation at best and whistleblower retaliation at worst.

In the attached pages I provide elaboration on the six statements listed above, as well as corroborating evidence where possible. Additionally, I have attached a copy of my notice of separation from the City of San Jose, which indicates with clarity that it was my own decision to leave my job in Councilmember Nguyen’s office.

I worked very hard to elect Councilmember Nguyen. However, I have been disappointed with his behavior as Councilmember. That is why I have decided to support Councilmember Nguyen’s challenger, Lan Diep. Mr. Diep is an ethical leader capable of representing the residents of District 4, and his background of standing up for the underprivileged speaks to his steadfast moral character. I feel confident that he will be able to represent the residents of District 4 with honor and distinction.

While Manh Nguyen has a short record, I believe it would be a disservice to the democratic process if it did not receive intense scrutiny. I hope that his race for reelection will be marked by an honest evaluation of that record and a fair discussion of the issues facing the City of San Jose and District 4.

Looking forward,

Cole Niblett