Elevators to Nowhere – the Genesis

This is the third post in a series by our Friend “Fullerton Engineer” describing the elevator addition project at the Fullerton Depot. 

So you think the problem with transportation revenue is that there isn’t enough of it? Let’s see what happens when the State of California doles out grant money to localities, in this instance our very own town of Fullerton.

California transportation projects are very often driven by the availability of money spent in pursuit of a social agenda. Car pools lanes with fantastically expensive fly-over bridges? Check. Highly subsidized transit for upper middle class commuters? Check.

Forget that carpool lanes make everybody’s drive worse and that commuter trains only serve a puny portion of the taxpayers that foot the bill. It’s the gesture that counts, you see, and the more expensive the gesture, the more it counts.

It might be expensive but it sure is useless…

Back in 2010, or so, the good folks whose livelihoods depend on putting the plans of our Sacramento social engineers into effect foresaw a big increase in rail transit through the Fullerton train station. But gee, thought someone, won’t that mean making it harder to get all those new travelers to other side of the tracks?  The solution? New elevators, and right next to the old ones. Forget the fact that most of the day the existing elevators were unused, or that most people just climbed the stairs; and forget the fact that a sensible set of stairs already existed under the Harbor Boulevard bridge to do the same thing. New elevators made no sense even if the new ridership tsunami was believable: after all – only two trains can stop in the station at the same time, the same as before.

But of course the real kicker was the availability of money from our friends in Sacramento to effect alterations in stations that accommodate “transit” modalities, and so the City of Fullerton was going to grab while the grabbing was good, and never mind that the idea was nonsense and that nobody needed or wanted it.

On December 20, 2011 our esteemed City Council voted to award a design contract to Hatch Mott MacDonald, an engineering firm to “design” two new elevators right next to the existing ones. The contract amount was $358,390, a remarkable amount given the scope of the task at hand – to replicate the existing bridge in two new, one-stop elevator structures. In case you are wondering, $358,000 equates to the billing of one $100 per hour person working on this project full-time, doing nothing else, for 1.7 years.

Here’s the Hatch Mott MacDonald Purchase Order record

And so the City embarked on this ridiculous project. HMM began work in march 2012 after the City had signed a master agreement with the State of California. Someone should have become alarmed the following year when Hatch Mott MacDonald’s design service billings eventually ballooned 28% over budget – almost a hundred thousand dollars. But no one did. It was someone else’s money.

Fullerton Engineer

The Infection of Unaccountable Money

This is the second in a series of posts written by our Friend, Fullerton Engineer.

Anybody who thinks the problem with transportation and “transit” funds  is that there aren’t enough of them, either isn’t paying attention or is profiting off of the notion – either as a government bureaucrat, a consultant, a lobbyist, or an engineering construction contractor. The partisan political yappers can be added to the list too.

California government is awash with money. It is also awash with the characters and interests listed above, who all stand to gain from the new Gas Tax that will be levied on everybody else. Sure, everybody benefits, right? And the mantra of “our infrastructure is crumbling?” It sounds dire and maybe it is. But the solution is not new taxes, but effective and accountable use of the resources we already have. Until our governments can demonstrate that they are responsible stewards of what they have, why entrust them with any more?

As was recently noted on this blog, governments are rarely penalized for their misuse of their property, and the same goes for misuse of existing funds; and it would never occur to the transportation lobby to shape up. Why bother, when a helpful Legislature is more than happy to raise taxes and then start handing out salvers of freshly slaughtered pork? The simple fact is that grant funds from a distant government attracts a long line of bureaucratic applicants willing to spend that money in any fashion that meets the bare minimum of requirements from other bureaucrats in Sacramento. This diffusion of authority and ultimately the lack of coherent oversight is at the root of California’s current infrastructure woes. The fact that every dollar sent off to Washington or Sacramento or even collected by OCTA comes back after a big whack has been taken off the top only exacerbates the situation.

And then there is the problem of “transit” projects, a bottomless well of bureaucratic mismanagement, political corruption, and misuse of public funds for pet boondoggle projects that provide minimal, if any benefit to the public, but lots of benefit to the people entrusted with spending the money and those receiving it.

It may have been expensive, but it sure was unnecessary…

Which brings me to case of The People of Fullerton v. the Added Train Station Elevators,  a study that will examine the long and painful (and ongoing) history of this completely unnecessary project that is quickly approaching a $5,000,000 price tag. This comedy of errors and overspending was to be paid for with funds from sources apart from Fullerton’s Capital Funds, namely State transportation funds Prop 1B and Prop 118,  and of course the completely mismanaged OC Measure M Renewal funds. When somebody else is picking up the check it’s a lot easier to lose sight of priorities and interest in accountability. In this instance the availability of this play money has acted like a disease that has rendered everyone senseless and indifferent – a sort of malaise in which no one seems to care about what they are doing or how much it costs.

Fullerton Engineer

Take Care of Your Toys

Held up by wishful thinking…

When you were a kid your parents most likely told you what parents have been telling their children for thousands of years: if you don’t take care of your toys you won’t have any toys to take care of.

Too bad such admonitions are often lost on the custodians of public property. How often have you seen property owned by you and me left without proper maintenance or even abused by it’s supposed caretakers? It happens all the time, and with impunity. But how often have you seen a government actually refused resources because they can’t take care of what they already have? That’s right. I can’t remember a single instance, either.

Which brings me to the point of this post.

FFFF has already opined on the ridiculous waste of money, $4.6 million and counting, being poured into two new elevator towers at the Fullerton Depot – right next to the existing elevator bridge. Why? Because some other government agency was willing to blow the money.

It’s bad enough the new elevators are unnecessary; they are also in the wrong location since so many commuters will use the Harbor Boulevard underpass to get where they want to go – to the bridge that gets them to the huge parking structure west of Harbor.

But the most unkindest cut of all is the brutal fact that the existing bridge is a disgrace to the entire City. The glass elevators have been etched with so much tagging that they are becoming opaque; the paint, where it hasn’t peeled off, is discolored and oxidized; and the steel stair steps are rusted through. The deformed stair treads have been patched here and there with caulking, and that, too, is decaying.

The Windex didn’t help…
Bad caulk…
The closer you get, the worse it looks…
The underside. Rust never sleeps…

 

So next time somebody like Jan Flory or Jennifer Fitzgerald sneeringly defends of the “experts” in City Hall, please point them in the direction of the Fullerton Transportation Center; and remind them that thanks to the ever-generous taxpayers nobody in City Hall has to worry about breaking their toys. New ones will always be handed out.

 

Fitzgerald’s 5 Year Deception

https://youtu.be/69Wp9PSn_S8

At last night’s Fullerton City Council meeting (21 March 2017) I spoke on Agenda Item 3 regarding budget strategies. Amongst other comments I asked for clarification on what was meant by “Structural Deficit” considering that both Fitzgerald and former Councilwoman Jan Flory constantly claimed we have/had a balanced budget. I asked what changed overnight to take us from a balanced budget on 08 November 2016 into a “Structural deficit” today.

Structural Deficit Evidence

What I got regarding an answer was Councilwoman Fitzgerald dodging the question and blaming Sacramento and the CalPERS rate change. And I quote:

“And I will go ahead and answer the question that was brought up over balanced budgets and what happened overnight and I will tell you, I mean, for former Council member Flory and I, when we talked about balanced budgets. Our 5 year projections, every year showed a balanced budget and what happened overnight is CalPERS decreased the amount of returns that they assumed that we were going to receive. So, that is what happened to those 5 year projections to change them.”

There’s a lot to unpack so strap in kiddos.

(more…)

Uh, Oh. Sonny Siliceo Steppin’ On Own Weenie. Again.

Another black eye for Danny Hughes’ “reformed” police department. It looks like Miguel “Sonny” Siliceo is being tuned up by the DA for submitting a false police report, a report that was subsequently used by the DA to prosecute some downtown bar-hopping schmo.

The douchebaggery spanned the generations…

You may remember Sonny from 2011. He’s the guy that framed Emmanuel Martinez for a crime he didn’t commit, a dereliction that was cavalierly blown off by then FPD spokesphincter Andrew Goodrich, but that now looks very much like a possible pattern of behavior for Mr. Siliceo. Sonny also briefly popped up in 2012 as a facebook friend of Jan Flory attacking people who might have suspicions about the integrity of the department that employed and deployed him.

Now for some more recent history – from 2015.

Unlike 2011, Siliceo’s assertions were apparently belied by data from cop video recorders and the case against Mr. Schmo was dropped – a situation so remarkable for our cops-über-alles DA that the lies of Siliceo must have been stupendously blatant. The complaint is a felony.

 

“F” is for Felony

Sonny seems to be on leave now so it will be interesting to see how this unfolds. And it makes us wonder how many of the other arrests that Siliceo participated in were on the level.

Honored by MADD (Mother’s Against Drunk Driving) for their efforts in getting drunk drivers off the road are Fullerton PD Officers Cary Tong, left, Timothy Gibert, Jonathan Munoz, Corporal Ryan Warner and Officer Miguel Siliceo.
Gag-reflexively expensive photo bought by taxpayers taken by Steven Georges/Behind the Badge OC
*** Officer Siliceo’s name on the plaque is misspelled as Sihiceo. ***

..

Re-elected And Alone

Yesterday, one of our Friends shared a rather entertaining video clip of our lobbyist-councilwoman Jennifer “SparkFitz” Fitzgerald unburdening herself of thoughts at Grace Winter Fest. Her interlocutor is Sam Han, her former Planning Commission appointee, and the guy who stood up and said his church, Grace Ministry International, supported the bar owner’s council districting map.

Yea, verily, the Lord sure moves in mysterious ways, doesn’t he, Sam.

Here’s a snippet:

Poor Jen, has lost her pals in City Hall – her bureaucratic enabler, Wild Ride Joe Felz, and her political enabler, the obnoxious Jan Flory – both of whom “had her back;” or to be more accurate, both let her get away with her cultivation of out-of-town developers and her protection of the moral and economic sinkhole that Downtown Fullerton has become. Well, God is good, says the lobbyist, and her recent depression over the rather cavalier way The Almighty has diverted her control of City Hall must be for some greater purpose. Her depression has turned to excitement. Hallelujah! Almost a miracle!

Did you enjoy the end where the unctuous Han asks the audience (most of whom probably didn’t have a clue what SparkFitz was talking about) to “get excited with her?”

The Enduring Legacy of Manny Ramos, Danny Hughes, and the Culture of Corruption

 

The gift that keeps giving…

Okay, Friends, here’s a blast from the past.

Back on the first day of summer in 2011 Fullerton cop Manny Ramos allegedly roughed up a handicapped dude in an Albertsons parking lot and threw him into the Fullerton clink. Mark Edwin Walker was charged with all sorts of nastiness like resisting arrest and public intoxication.

Manny’s badge of honor awaits a band aid.

FFFF wrote about this back in 2012. We noted that the phony charges dreamed up by the supremely fat and lazy Ramos were thrown out by a judge. Ramos was lucky. He didn’t even have to commit perjury (like several of his colleagues have done) to back up his story.

And now, our perusal of recent City settlements shows that Walker got paid $20,000 in nuisance money – given the happy fact that twisted cops in OC can pretty much do any goddamn thing they want with impunity.

Ya see, it’s all about perception. That’s why I hired a PR guy…and always pose in front of a flag.

Of course 20 grand is chump change and the Fullerton taxpayers are a lot luckier than they deserve to be, if you think about it. Unfortunately, the real cost to Fullerton happened a few weeks later when Ramos harassed, intimidated and instigated the activity that led to the death of Kelly Thomas. That one was caught on video and cost $5,900,000 (if you don’t count hundreds of thousand in legal fees). And who was in charge of the walrus with the bad attitude, and who later insisted that those of us who observed a Culture of Corruption in the FPD were misinformed? Why none other than former PoChief Danny “Gallahad” Hughes.

 

Walker v Fullerton Complaint

Walker settlement agreement

Behind the Badge – The Gravy Train

No civilians were harmed in the making of this satire…

UPDATE: a keen-eyed friend wrote in to inform us of a couple interesting facts about the City’s “Back the badge” documents. First, the original contract and the first purchase order don’t agree. The PO describes a one-year term while the contract is for only six months. Second there is no PO that covers the period from May to November 2014. The City’s controller should not have been able to write checks without a PO to write checks against, so something is fishy there.

FFFF has already shared with the Friends here some of the more ludicrous aspects of “Back the Badge” a PR outlet for cop departments and unions that we pay for.

The whole shabby deception is so bad we decided to dig a little deeper to see just how the Fullerton taxpayers got hooked into paying for the cops to peddle their propaganda – to us.

Here are the documents we were given.

The documents we received indicate a completely non-transparent, slipshod City-vendor relationship in which deliverables are sketchy, and grossly overvalued.

Danny says you are either ignorant or misinformed!!!

First, it’s important to point out that this relationship was approved in secret by former City Manager Joe Felz in spring 2013, presumably under his spending authority. The City Council may have been informed, but the public most assuredly was not. Even Felz must have been aware of the possible public blowback against this nonsense. And he undoubtedly had the support of council persons Flory, Chaffee and Fitzgerald in trying to keep this gross squandering of public funds out of the public eye.

It is critical to recognize the contract for what it is: a fixed fee arrangement in which the vendor gets his contracted monthly amount regardless of what he actually accomplishes. These sorts of contracts are comparatively rare in government precisely because they are not tied to specific scopes of work. In essence there is no real oversight at all, even if anybody felt like doing it – which they didn’t.

The Blue Crew

If you peruse the invoices you will find all sorts of weird “deliverables” of intangible sort like “PR services,” “OC Register columns,” and “Fullerton News Tribune” just the sorts of things that are impossible to value and make you wonder if the real media was in collusion with Back the Badge. FFFF has already noted how the Yellowing Fullerton Observer has published an article, verbatim, from Back the Badge, here.

Of course some of the contractual items like “traffic/performance reports” yielded no responsive documents in our public records request. Anyway, as I noted it above it hardly matters.

One extra-contractual proposal sent to former Chief Danny “Galahad” Hughes offers 40,000 print copies of “Behind the badge Fullerton magazine” for a mere twenty grand.  Who approved that, and where did these print copies go? That we shall likely never know, as the police PR mechanisms are obviously none of our damn business, even though we are bankroller and target audience.

Before we only had to pay him to make stuff up…

My favorite item in the proposals from Back the Badge is something called “crisis counseling.” This must be a service that is called upon when something really bad occurs and the cops need to polish up that road apple, and quick! So did Back the Badge spring into crisis counseling mode the night their benefactor, Joe Felz, smelling of liquor, drove off Glenwood Avenue, and was given a free pass and a ride home by the Fullerton Police Department?

On December 17, 2016, the City issued a new Purchase Order for more of those valuable Back the Badge services. The invoice cites the brand-new interim Chief but there is no reference to the Acting City Manager since by this time Joe Felz was long gone, the victim of his own reckless behavior. So who authorized the issuance of this new PO? The police chief, whoever he is, has no such spending authority. It seems as if the Culture of Opacity and Unaccountability is humming along on auto pilot.

Well, this is Fullerton and if you want to find out what is going on – well, good luck with that.

 

 

Fitzgerald’s Fiduciary Fictions

The Case of the Disappearing/Reappearing Balanced Budget

Many of you may recall that during my campaign for Fullerton City Council I wrote an Open Letter to Jennifer Fitzgerald. I’d like to revisit the issue of Mrs. Fitzgerald’s oft-repeated myth of a balanced budget.

On her website as well as on campaign literature she made the point that our budget is balanced. I offer as evidence a screen-grab from her campaign website from 22 October 2016;

I won’t re-litigate the whole letter here but suffice it to say I wasn’t happy about her Public Relations spin on our overspending by at least 43 Million Dollars during her tenure.

I’m bringing this all up due to agenda item #2 from last night’s Council Meeting. The council voted 5-0 to receive and file the Comprehensive Annual Financial Report (CAFR) for the fiscal year ending 30 June 2016. Inside the CAFR was one little nugget really stood out to me when reading the report.

Let’s see if you can spot it; (more…)

The Finest of Farewells

It is common for government to bury waste carefully, neatly hidden away from the citizens who pay for it. Other times, they shove it right in your face like an ether-soaked rag.

That’s what happened at Chief Danny Hughes’ grand farewell party on November 10th. Fortunately, one neighbor filed an hour-long interactive grievance and shared with us the highlights.

Helicopter overhead, fire engines, barricades, officers, SWAT trucks, oh my!

The cast of characters does not disappoint. Look carefully for the appearance an oblivious “Patdown” Pat “I hired them all” McPension. Watch the FPOA thank Hughes for staying “on course” through “the lowest parts” of FPD history (when their constant misdeeds were finally exposed to the public). Listen to Jan Flory offer a cringe-worthy come-hither to her “Big Boy” Hughes, warn him of the “five-headed beast” that is the city council, and then trumpet her slavish dependence on city staff. Don’t forget to note Stan Berry, the OCDA investigator and FPD buddy boy who was first charged with looking into the Kelly Thomas murder. I’m glad he was able to maintain good relations.

If you were able to retain your lunch through all of that, congratulations. Now think about the hundreds of Fullerton commuters and residents who were caught in the traffic blockades on two major roads during rush hour. The police force parked their equipment and their posteriors in the middle of the roadway for this pointless pomp and circumstance, holding the public and its safety in complete disregard.

Of course the most comic part of this display of flags and armaments (think Soviet May Day parade) is the fact that just two days before, Mr. Integrity ordered his boyz to give City Manager, Joe Felz a free ride home with no Breathalyzer test after having careened though a sleepy Fullerton neighborhood after an evening of partying in the gin mills of downtown Fullerton.