Follow the Bouncing Bureaucracy

One of the biggest problems with government is that it’s slow to react and generally stupid in those reactions. This is largely because governments are run by incompetent bureaucrats who refuse to learn lessons from their own mistakes.

Let’s look at some complaints lodged against city appointed commissioners and how the city reacted to those complaints to see how the rules in government changed depending on the person involved.

First up is a complaint against our own Joshua Ferguson by city manager assistant Nicole Bernard. She apparently got mad at the posting of an anonymous complaint  against her.

She asked the city to compel Joshua to remove the post and the lawyer the city used to look into it came back with a big fat no can do: (more…)

What’s a Million Dollars Between Friends?


Our lobbyist Councilperson Jennifer Fitzgerald has asked her supporters on Facebook to show up at tonight’s Council Meeting to support the purchase of land on Pearl Drive to be used as a park.

Our friend David already went over some of the ridiculousness of this purchase in a previous post but it bears getting a little more attention.

The first point to be made is that this item is on the Consent Calendar tonight. Consent Calendar items are items during a meeting that get no separate discussion and are voted on together unless specifically pulled for comment by a member of the public or council. A typical Consent Calendar item would be the minutes to a previous meeting or perhaps a legislative ordinance change forced upon us by Sacramento.

A typical definition of a consent calendar would be as follows:

Under parliamentary rules governing City Council meetings, Consent Calendar items are reserved for items that are deemed to be non-controversial. They allow a City Council to save the bulk of it’s meeting time for issues in which there is a need for a serious public debate.

Often though the items end up being things that the city doesn’t want to discuss or scrutinize in detail. Tonight’s meeting has 12 consent calendar items with this purchase being the 10th.

The Consent Calendar is hardly the proper place to drop a $1.2Million+ project and it’s more amusing given that councilwoman Fitzgerald is asking for support on an item that is scheduled to take no public comments. It’s somewhat infuriating that the city of Fullerton is so free with money that it doesn’t feel the need to openly discuss an expenditure that is over 18x the median household income of our residents. Worse still when basic details of the deal are lacking from public view.

The parcel in question is slated for purchase with a whopping price tag of $755,500 based on a use assumption that is faulty at best (see David’s post). Then we have $148,000 for an unexplained “administrative settlement”. Then $300,000 for “improvement costs” that will of course be more than $300K owing to the additional paragraph stating that “An updated estimate will be established upon completion of the community meetings.”

What attachments or reference points do we have so we as a city can analyze this project? None. There is no explanation because a properly scanned, searchable PDF is too much work to manage at City Hall despite numerous requests over the years. I’m sure somebody will sound off that there have been “community meetings” that were announced on Nextdoor or some such nonsense so as to suggest the lack of need for the city to do it’s due diligence on transparency. This will likely come from the same people who complain about Public Records Requests from the public in a city known for a culture of corruption and abject secrecy.

Despite being an ongoing project, per the item’s own sparse agenda attachments, since 2002-2003 and we don’t have a breakdown of costs? A thorough estimate? A reason for the administrative settlement? A list of code enforcement violations?

Even the details we do get don’t tell the whole story.

“The amenities required being demolished”? How about we mention that the city paid over $19,000 for part of that very demolition? It seems that just about every pertinent detail has been washed from this item which maybe explains why it was on the consent calendar in the first place. You do have to the give the city credit for their optimism in hoping they could sneak this through the consent calendar knowing full well that we malcontents are always willing to call them on their shenanigans.

I reckon the only thing more infuriating than a bureaucrat putting forth this kind of lazy and shoddy work is a legislative body so uninterested in demanding real data and accountability that those bureaucrats know they can get away with this nonsense.

The old adage “Trust but verify” is absolutely foreign to the Fullerton City Council.

Fullerton’s Most Expensive Park?

Just when you thought the Parks and Recreation Department might get their act together comes another gem on next week’s agenda.  This time, it’s a $903,500 land purchase for a new park at 3001 Pearl Drive.

The vacant lot used to be home to a swimming pool and clubhouse for the adjacent apartment complexes, which the 33 property owners failed to maintain.  Those same property owners now want the City to build a park contingent on the City forking over cash to buy the land.

So what is the land worth?  $740,000 according to the appraiser, who notes that an “extraordinary assumption” to build  high-density housing was used.  Translation:  The $740,000 estimate could be totally worthless and the appraiser admits it.  Nothing more is divulged about the appraised value because Hugo Curiel only included two pages from the appraisal report.   Page One and Page Two

And it gets worse.  Hugo wants an additional 20 percent of the appraised value ($148,000) for an administrative settlement to be paid out to the property owners.  Once again, Hugo fails to provide any sort of written justification for this:

The parcel is 0.398 acres in size.  At that price, it is equivalent to $2.27 million per acre which is more than double the price Chevron is asking for Coyote Hills land.  This would be the most expensive land ever purchased for a Fullerton park.

I have a question. Why should we pay the property owners a premium price when it was their own negligence that created this situation?  In fact, why pay them anything at all, provided the City agrees to build a park?

Makes you wonder if the property owners are more interested in a cash payout for themselves, or a park for the neighborhood’s benefit.

Prioritizing Park Dwelling Fees

Taken 27 April. Same Status to Date.

At the last City Council meeting it was asked by the public and re-asked by Council member Sebourn why Park Dwelling Fees cannot be utilized for maintenance in existing parks. At approximately the 3:41:00 mark in said meeting Parks Director Curiel stated it was owing to an ordinance and Interim City Manager Roeder specified that it was State Law which is where the conversation ended.

I would like to set the record straight from my layman’s perspective.

First and foremost let us explain Park Dwelling Fees. They are fees that developers have to pay the city in order to build new places for people to live within the city. $X/Room. That money is then used for Bridges to Nowhere and temporary stairs that cannot be repaired. What it is not used for is maintenance on our existing parks.

This is especially problematic as salaries and benefits eat up ever more of our general fund and we find ourselves with unsafe parks and deferred maintenance. We put plywood up over damage (nearly 6-weeks later and counting), or worse, while our $6-figure employees tell us we don’t have the budget to keep our kids safe. It’s infuriating. (more…)

The Parks & Rec Manipulation of Public Comments

Readers of this blog know good and well the many failures of the Pine Forest Stairs at Hillcrest Park, not to mention the $724,000 bridge to nowhere that will soon become reality.

What you probably don’t know about are the shenanigans used by City Hall to influence the City Council vote.

Funding for the bridge, fountain, and “Great Lawn” improvements was approved on a 3-2 vote (Whitaker and Sebourn: No) at the May 16 City Council meeting.  A couple weeks earlier, I made a records request for documentation on Hillcrest Park.

Jennifer Fitzgerald’s appointee to the Parks and Recreation Commission, Gretchen Cox, made public comments in support of the project.  Having skimmed through the e-mails provided by City Hall the day before, I thought to myself, wait a minute, portions of her comments sounded awfully familiar.

As it turns out, my suspicions were correct.  A week prior, Parks & Recreation Director Hugo Curiel had one of his employees, Doug Pickard, e-mail Gretchen Cox a list of “talking points” to assist her in making attacks on Councilmembers Sebourn and Silva:

Portions of the e-mail were in fact used by Gretchen Cox during public comments.  Let’s go back and compare the e-mail to what she actually said.  This ought to be fun! (more…)

Scrutinize Every Detail — Part One

 

The sad part about Joe Felz’ retirement is that running over a tree, while likely under the influence of alcohol, might have actually improved his legacy as City Manager.  How is that possible? Easy. The tree incident is a convenient distraction at an optimal time. Except for the anonymous letter penned by City employees a couple weeks ago, few people are talking about his actual job performance which deserves just as much scrutiny.

One of his biggest failures is that he not only tolerated, but actively participated in deceiving the public through various means, be it omission, obfuscation, or just outright lying to people.  He wasn’t crafty about concealing it either – agenda letters and staff reports sent to the City Council and others were chock full of half-truths, non-truths, and other nonsense designed to mislead the public.

I think we ought to be forgiving in the case of legitimate mistakes or typos.  None of us are perfect, so transposed digits, or maybe a missing word here or there, isn’t the end of the world provided it doesn’t materially influence a decision. The point where it ceases to be a “mistake” or “typo” and, thus, becomes completely unacceptable, is when people offering up this information stick to their guns and defiantly defend such errors as being gospel.

In case you missed the last installment of the Brea Dam fiasco, one point of contention concerning the golf course was converting the Lease to a Management Agreement with American Golf.

Parks and Recreation Administrative Manager Alice Loya went before the City Council in November 2010 and said American Golf would receive a $500,000 “Management Fee” with 1% annual increases.  Minus payment to a couple American Golf managers, this constitutes guaranteed profit to American Golf, a perk they never enjoyed in the past.

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The Brea Dam Denial

Trust us, the answers are buried in there somewhere…
Trust us, the answers are buried in there somewhere…

I began to question the City’s management of the Brea Dam in early 2015.

Numerous problems had one thing in common: Joe Felz‘ involvement during his tenure as Parks and Recreation Director, and then, again, during his transition into the City Manager role in 2010.   Who better to ask about these things than Joe himself?  I tried reaching him by e-mail.  After that failed, I tried calling instead.  He never returned my calls either.

Seeing that as a dead end, I requested copies of documentation from Parks & Recreation staff that I believed to be the responsibility of administrative manager Alice Loya.  Her name appeared on numerous City Council and Parks & Recreation agendas pertaining to the Brea Dam.

My initial records request was denied, in part, because they said the records didn’t exist.  I had requested from Ms. Loya very basic budget and profit/loss statements for the Fullerton Golf Course.  That’s when I knew my suspicions of mismanagement had at least some merit.  We pay the golf course expenses, yet Ms. Loya, whose job it is to supervise these things, could not produce anything of substance to justify the overall financial performance.  She instead offered what I’ve termed monthly invoicing “bundles”, so I requested a full 12 months.  This was the only way to reconcile financial performance over a full fiscal year.  I would later be shamed by the Fullerton Observer for making that request and others.  After all, I was wasting precious City staff time.

Over the summer of 2015, some friends and I studied these documents in depth, and we each came to the conclusion that something is very, very wrong up there. So wrong that, unless corrected, the US Army Corps of Engineers could revoke the lease and evict the City of Fullerton.  That could potentially force the closure of the Fullerton Golf Course, Fullerton Tennis Center, Fullerton Sports Complex, YMCA, Child Guidance Center, and Fullerton Community Nursery School — all of which occupy Brea Dam land leased from the Federal Government.  The Feds could also sue the City for failing to remit revenue.  Believe it or not, we could also face the wrath of the IRS because the bonds we sold to replace the golf course sprinkler system came with strings attached to the interest subsidy the City receives from the Feds. The list of problems just goes on and on and on…

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