What is it About OCTA and Bikes?

What is it about the Orange County Transportation Agency and its love of bicycle boondoggles? We know they are obligated to pretend they care about multi-modal transportation, but why the silliness? FFFF readers will recall we talked about the ludicrous $800 per bike ride fiasco overseen by former County Supervisor and OCTA Boardmember, Shawn Nelson.

Sturdy looking, but up to the challenge? 

Now it appears that Nelson’s sclerotic successor, Fullerton’s own Prince of Potholes, Doug “Bud” Chaffee is following in the noble tradition.

 

I just received a self-promoting e-mail from Supervisor Chaffee touting OCTA bike day. For ten bucks you get bike training, a nifty bike helmet, bike lights and a delicious lunch. What the subsidy for these days of fun is the public is not informed. However the impoverished need not worry; for “scholarships” are available on a limited basis although we are not enlightened as to who might qualify, and how. The provided link says nothing about “scholarships.”

Now while there’s nothing wrong with bicycle safety, per se, one wonders why we are paying for classes on how to ride a bike, and on “fun” bike tours and “advanced” bicycling skills. And why does the public have to pay for the political promotion of “public servants?”

 

Lack of Control at OC Animal Control

 

The tabby had other plans…

Once in a while we here at FFFF like to shine a spotlight on some of the more ludicrous doings down on the County farm, and today’s special comes from a Friend who wants to be known as Stephanie. Apparently, Steph had an encounter with the good folks at OC Animal Control recently and decided to share her story. Here it is:

Dear FFFF,

I’d like to relate an experience I’ve recently had with the county’s animal control people. I was breaking up a cat fight between my cat and a stray when my pet in a real excited state bit my hand pretty badly. Fortunately the nurse at urgent care warned me that they were legally required to report the incident to the County and my cat would have to be quarantined under County supervision, all because of rabies. This was ridiculous because my cat had just got its rabies vaccination.

Sure enough, the Animal Control people started showing up a few days later. I made up a story about getting bit by a stray somewhere and after returning for further interrogation several times they finally sent me this letter:

All clear. Since 1956.

Wow! Medically cleared by Animal Control! The funniest part of this letter is the reassuring reminder that no cat has contracted rabies in Orange County in 62 years. What’s not so funny is the time, resources, and bureaucratic rigmarole involved in an incident that was nobody’s business but hers.

More of Felz’s Accounting Manipulation

Felz Larger
For a long time we had inklings and heard rumors that former City Manager Joe Felz monkeyed with the accounting around City Hall and fudged as much as possible while pretending, with the likes of Jennifer Fitzgerald that our budget was “balanced”. It was plainly obvious when the Redevelopment Agency was shuttered by State law and yet nobody lost a job that Felz’s priorities were not with fiscal restraint. It was just as obvious when nobody on City Council questioned it that he was bound to keep on keeping on.

So now we have a new small example of how Felz and everybody down the food chain ran our city (emphasis in original):

Kevin City Council Meetings

“Years ago after the Kelly Thomas incident, Joe had authorized a part-time parks & rec employee to hang around in the lobby during Council meetings for (I’m assuming) crowd control or some type of assistance.  I just found out today that these employees’ time, averaging 5 hours per Council night, is being charged to Public Works landscaping, apparently because Joe thought that budget had money???? (not).  Public Works has finally gotten wind of it and says no more, which I absolutely agree with.  Either this coverage should cease, or it should be charged to the City Council’s budget (for which there is absolutely no room).

Please provide direction to affected parties as appropriate.”

While this looks like small potatoes, it goes to the ethics and opaque way Fullerton’s finances were run and the willful ignorance on the part of council.  This payroll game is another case of something which ran for literal years before somebody found it by accident at which point the “Oh shit do something” brigade started worrying about details they long ignored.

If payroll for employees is buried in the wrong departments what other money is being used inappropriately around City Hall?

Don’t expect our City Manager to explain how this problem ran for so long and who is being held to account or for our City Council to ask any tough questions or to even address this or any similar issues. That would be out of character and would require them to be open, honest and accountable.

Fullerton Brass Thought Money Was No Object

FPD Badge

Back in April of 2017 we wrote a piece about FPD giving taxpayers the middle finger regarding spending cuts within the department. During budget meetings the Police Department offered the PR outfit “Behind the Badge” up for tribute in their paltry cost savings plan and that was pretty much it.

For context, during this time it was mentioned that the police department burned through over $1Million a year in overtime (OT) pay.

FPD OT

What most people didn’t know, hilariously, is that the Chief of Police himself didn’t know how that money was being spent (emphasis added):

Hendricks OT

“I can be made aware I am spending a lot of money in overtime, but a detailed accounting of that overtime is not available.  We have codes for court overtime but, to my understanding, that is all.  If the OT was spent to maintain minimum staffing I do not know.  If the OT was due to a community event I do not know.  If the OT was due to extended shift overtime I do not know.

That is from the former Chief of Police himself. If Overtime was due to a community event, minimum staffing or extended shift OT he didn’t know.

Let that sink in for a minute.

The Chief of Police didn’t (and likely doesn’t still) know how OT was being used in his own department. And this went on for literal years before Hendricks got here.

Chief_Hendricks_Headshot_Photo-1[1]

This is where I give former Chief Hendricks some praise for at least in one aspect attempting to right a ship that the council, city manager and former Chiefs had let float adrift. Let us not forget that the officers who took the OT never brought it up or questioned it as they were perfectly happy to ride the OT gravy-train into Fullerton’s fiscal ruin.

But wait, there’s MORE! Not only was the Chief unaware of how OT was being spent, we were also burning through OT as standard operating procedure (emphasis added):

Hendricks No Object

“In the last six years following KT’s death, ALL community events and requests were taken on and a large number of them were done on overtime.  This was the case up until I got here.  I was unaware the marching orders were “do everything and money is no object” until literally last week.  In the prior months, I had used personal discernment to tell Community Services to say “no” to some things and, instead to offer an on duty Watch Commander or  a beat cop or sergeant to simply swing by and say hi.  No exaggeration, if someone asked for a PD display of canines, SWAT and all their equipment etc., we gave it to them.  Most of those things happened on the weekend and many of the individuals responding did so on overtime.”

The mentality was “do everything and money is no object” for 6 years until Hendricks put a stop to it. This was likely a Dan Hughes and/or Joe Felz thing that just sat uncontested by our lazy, incompetent and/or corrupt city staff and council because the idea that the council didn’t know about it is laughable. The only way they didn’t know about this is because willful ignorance is bliss in council chambers and feigning ignorance works too well with low information voters.

If nothing else this shows a complete lack of budgetary seriousness for at least six years from our City Councils, City Managers, HR Director and Police Chiefs in that time. You can’t seriously talk about balancing a budget and being conscious of costs when you have standing orders that “money is no object” and your Chief of Police is ignorant of how the money in a $1Million+ budgetary item is being allocated and spent.

Fight a Paramedic, Win a $100K

Chief_Hendricks_Headshot_Photo-1[1]

Remember when Chief Hendricks left Fullerton after his run-in with some paramedics at a Lady Antebellum concert?

It looks like we hired a PR firm to polish the turd of a Press Release and even the consultant admitted that Domer slobbering all over Hendricks looked bad since we were paying Hendricks to leave (emphasis added):

Hendricks Draft Notes

“We’ve had a chance to look at the draft releases and to read your summary of where things stand. We are concerned that if there is an quotation in the release from you – and the settlement with the Chief is made public later – this could come back to hurt you and diminish your credibility, since people will wonder why you spoke so effusively about a person who was effectively paid to leave.”

But how much did we pay him? Over $100K, that’s how much.

Hendricks Dollars Value

Most people who get charged with battery get a perp walk and not a golden handshake. It must be nice to live on that side of the government. This, for obvious reasons, was left out of the press release.

Did City Employees Steal Over $50K of Equipment?

CNG Fullerton

Another day, another story of alleged theft/fraud of city property here in the city of Fullerton finally coming to light.

In late January 2017, Julia James contacted me about some questionable purchases charged to Facility Superintendent Bob St. Paul’s City-issued procurement card.  I asked Tim Campbell to review the purchases for calendar year 2016.  His review revealed several purchases charged to the CNG Fund that did not appear to be CNG-related.  Based on the preliminary findings, I asked Tim to examine Bob’s P-card purchases for 2014 and 2015 as well. Over the three years, Bob used his P-card to charge the CNG fund slightly less than $12,000 for several dozen purchases. Many of these purchases had no clear relation to CNG operations; for example, there were multiple purchases for clothing, flashlights, tools, and canopies, some of which appeared to be for personal use.  Most of the purchases were initiated by Public Works Analyst Trung Phan, the CNG operation’s manager.”

This time around it looks like the protocols and oversight in the city were so lax that over the course of years employees were able to use their city issued purchasing cards to buy over $50,000 worth of stuff that was of no use to the city.

“It took the audit team about a week to complete the additional review and inventory.  When the team finished, the value of questionable purchases increased to at least $50,000.”

Former employees Bob St. Paul and Trung Phan allegedly worked together to charge items to the CNG (Compressed Natural Gas) station on Basque and Commonwealth and when the city tipped them off that they were under investigation – it appears they returned as much as possible in the dead of night and so no real investigation was done and no prosecution was possible.

‘While playing the archived video, we found several instances of Trung arriving at night, briefly stopping at the CNG station, and then unloading items from the back of his personal truck and taking items into the storage area.Bob was also observed returning an item very early in the morning.The incidents took place after Dennis and I counseled Bob and Trung regarding the P-card purchases, but before they were placed on leave.”

That video evidence was actually found out purely by accident which would be comical if it wasn’t so sad.

On top of purchasing things of no use to the city and absconding with them, only to return them in the dead of night, Trung also allegedly manipulated his payroll to get unjustified overtime.

“The research revealed that Trung charged overtime several times a month, claiming he had to come in after hours to reset the station’s equipment. This contradicted with indications by Fastech’s maintenance technician, that the equipment rarely failed.”

That nobody in the city up the food chain knew the efficiency or status of the CNG station and what the vendor even did, as evidenced by an employee able to fake overtime for unneeded work, is another damning indictment on city hall.

The culmination of all of this was yet more settlement agreements coming out of corruption or malfeasance on the part of government employees and not a word to the people of Fullerton. It’s just $50,000+ of your money that was wasted so why tell you anything?

What all was purchased? How much money was wasted? How long did all of this go on and was anybody else involved? The world will never find out. Why? Because:

CNG Investigation Halted

“We halted the internal investigation when the employees made the decision to resign.  As such, I am not anticipating a final report.”

That’s right. The city decided they didn’t want to know the full extent of the issue once they were able to settle with the employees in question and successfully sweep this issue, like so many others, under the rug.

We here at Friends for Fullerton’s Future had inquired about this issue when we were first alerted to it and the response at the time from the city was as follows:

“Regarding #2 of your request, the records you have listed are exempt from disclosure pursuant to Government Code section 6254(b), (c), (f) and (k); Government Code section 54963, Evidence Code Section 950 et seq., Code of Civil Procedure section 2018.010, and Government Code section 6255 (personnel, law enforcement investigative files, Brown Act, litigation, attorney-client privilege and attorney work product).”

So much for an open and transparent government. Once again we were all left in the dark while simultaneously being forced to pay for the useless purchases, admin leave and billable hours required to settle this nonsense.

Speaking of the settlements, the one with Trung, likely the same or similar with that of St. Paul, has the boilerplate Paid Leave (vacation) nonsense and other such niceties. The best part though, as usual, is as follows:

“Employer agrees not to defame, disparage or demean Employee for anything he did or may have done in the course and scope of his relationship with Employer.”

Lord help the next employer these two end up working for in the future which in the case of Phan is the CA Department of Transportation. I guess the city helped him to fail upwards.

Phan LinkedIn

You can read the settlement agreement with Phan Trung [HERE].

The report about the entire incident is as follows:

CNG Report 01CNG Report 02CNG Report 03

Your Voice Means Nothing to City Hall

Nextdoor Water Rate Increase Notice

Last month Fullerton requested feedback via Nextdoor and elsewhere from citizens regarding the raising of our water rates because our city is incompetent and decided not to repair infrastructure over the last several decades and now the bill is coming due by way of broken and rotting pipes.

So what we paid for already we need to pay for again and this time they pinky swear they mean to fix things. For realsies.

Those of you familiar with this blog should know about the “7 Walls of Local Government” which is quite possibly one of the best series of posts on local government ever committed to words in the modern era. If you’re unfamiliar go give it a read and then come back.

The 7 Walls, to many people, is simply theoretical so I wanted to offer this Fullerton water rate issue as an example of the walls in practice.

So here we have a form of Local Government Wall #3 –The Performance.

With the current rate hike under consideration the city claimed that they wanted feedback and in order for your “protest” to be counted you needed to sign a letter and email or send it in to the city. One person per household or parcel so hopefully you weren’t a renter or had more than one opinion in your domicile.

Just emails wouldn’t count, social media posts wouldn’t count and ACTUALLY SPEAKING AGAINST the increase at council wouldn’t count. To quote the city’s own FAQ:

“However, oral comments at the Public Hearing will not qualify as a formal protest of the proposed rate action unless accompanied by a written protest setting forth the required information.”

Gee, it’s almost like they wanted to limit it as much as possible all while claiming to be doing far beyond the bare minimum that’s legally required by law.

But they totally cared about your opinions or so they’d like you to believe and even told council.

Being one to not trust bureaucrats I challenged them on the premise and requested what they did with the “protests” they received up to and during the council meeting in question.

Here is the response:

Water Rate Increase Protests

They “were received, recorded and read by Public Works” and council only got a “response letter”.

That “response letter” was prepared early in order to be included in the agenda packet for the city council meeting on 04 June 2019 and was released to the public at approximately 6:15pm on 30 May 2019.

What this means is that council never received your protest prior to voting and thus those making the decision to raise your rates never heard what you had to say before voting.

Better yet – staff RESPONDED TO your “protest” possibly before you even made it. Any protest that came in after 30 May 2019 and before the item closed on Tuesday was just totally ignored. (more…)

Enjoy Downtown While it Lasts

Downtown Fullerton

Fullerton’s City Council last Tuesday, as expected, voted to change the rules governing how bars operate in the city in order to facilitate having more bars and making them more profitable.

The crux of the change is that it was too hard for staff to do their jobs, and for the Police Chief to stop rubber stamping permits, so the city needed to change the rules. This time they mean to enforce them unlike the last decade+ they promise… kind of… well not really.

Not one council member got an answer of who was in violation of what rules they were changing and why it was so hard for community development, code enforcement and the police to use a checklist to sort it out and in fact Ted White’s answers on how Conditional Use Permits work negated his own arguments of the Title 15 change. But again, council was too inept and/or lazy to follow the logic of the change or to ask any real questions per the norm.

The council ALSO voted to launch a pilot program, which we all know will be permanent, for paid parking in downtown. This is a data driven program tracking who comes and goes how often and how long they stay based on license plate data. As we heard at the meeting the whole point was data, data, data and more data. You will be tracked and your data will likely be sold. It’s so data driven that the vendor, staff and council want you to punch in where you park even when you don’t have to pay for parking – just because you WANT to be tracked.

Data Breach

When council asked who owned the servers the vendor claimed it was a “cloud based server” and that’s where the questions stopped. We don’t know what data is kept, where it is kept, which servers are used or who our travel data is being sold to – all because council couldn’t be bothered to ask.

It was a pathetic meeting full of incompetence, malfeasance and laughable gaffs. The Other Dick Jones™ got torn into by both Fitzgerald and Zahra for how they can/can’t handle an agenda item and when the city clerk offered helpful info the council just blanker her. It was probably the worst example of governing I’ve seen in years.

Individually the council members didn’t do themselves any favors in the integrity or intelligence departments. (more…)

A Fullerton Staffing Question

Hero Pay

The Fullerton Firefighters are pushing a narrative that they’re understaffed and underpaid on social media, so let’s talk about it.

We constantly hear about how underfunded, unpaid, underappreciated, undereverything our Police and Fire Depts are from the “Hero Deserve” crowd and the opposite side likes to point to pay rates, pension spiking, double dipping, medical presumptive, lies about early death, OT abuse, CalPERS costs and other fiscal rebuttals.

But what we almost never talk about is how we actually implement service and if we do things in a smart, fiscally sound or even common sense way in our departments. Our City Council won’t touch these issues because they’re petrified of the unions spending campaign money against them or they’re colluding with the unions in order to get those sweet, sweet endorsements.

Since council won’t discuss these things openly I figured we can do it ourselves before dropping numerous records requests.

Therefore for the sake of starting discussions I’ll drop two topics;

  1. If our fire engines, with a crew of 4, have a max of 2 Paramedics on board and 85% (per their statements) of their calls are medical then what do the other 2+ crew members do during the majority of these calls? Are they glorified Uber just taxiing the paramedics around? What do they do at the hospital? How much time do these non-paramedics spend doing crowd control and the like?
  2. Every time I see a police stop or call where the police department is at a scene I see multiple vehicles on scene. To the casual observer it seems that there are multiple units at every stop seen. I understand the premise of needing or wanting backup but why not drive around in pairs so you have backup with you at all times instead of needing to wait for it and waste the resources (gas, etc) on another vehicle?

Does anybody have stats on these things? How many calls for FFD are actually medical? How many calls does each crew actually respond to and what do they do on scene? How much OT is accumulated for passive activities?

How many calls does FPD respond to and how many of those calls require backup? How much backup typically responds? What’s the response time for this backup? How is this different for traffic stops versus calls for service?

I think as the city prepares for budget meetings with so much of our budget going towards salaries and pensions these numbers should be discussed and be as transparent as possible. If we need to pay people more to retain them we need to make sure we’re getting the most bang for our buck and the best, most logical and fiscally sound, service possible.

Anybody want to dive into these questions?

A Hill. Wrapped in Plastic

A few weeks ago while at a local eating establishment in the Downtown area a gentleman stopped me by name, which isn’t always a good thing in malcontentville, and asked me to inquire about the plastic sheeting up near the YMCA.

You may have seen it while driving North on Harbor Blvd:

YMCA-Plastic

So ask I did. Here is the recent answer according to some undisclosed source at the Public Works Department as communicated by the Clerk’s office:

YMCA-Plastic-Email

“Plastic sheeting the slope on Harbor Blvd is done with City staff and costs about $12,000. We have been sheeting the slope for 6+ years.”

I’ve not sent in followup requests for invoices or details about this particular project but I’m sure if somebody wanted to do so the city would be happy to explain why spending at least $72K for this particular issue/area is the best solution and has been the best solution for over half a decade.

What say you friends? Is this project worth $12k/year for who knows how long?