EV Free Lunch. Fullerton Megachurch Gives City Employees a Love Offering

Lunch is on me.

Since at least 2013, Fullerton’s EV Free megachurch has been paying for and hosting a lunch as a gift to City of Fullerton employees. Probably not coincidentally, 2013 is when EV Free congregant Jennifer Fizgerald began her first year on the Fullerton City Council. Last year the event included a tri-tip lunch and “prizes and a raffle to win gift cards to local Fullerton businesses.” These events must cost the church thousands of dollars.

http://www.evfreefullerton. com/2016/06/an-olympic- fullerton-city-luncheon/

It should be crystal clear why it’s wrong for an organization to buy lunch for city employees, one or all. This church frequently petitions the city on land use issues, and it even hires city police to manage its parking. If a business like Chevron or Red Oak Development or Renick Cadillac tried to glad hand City functionaries and employees like this, the public would be outraged. It is a clear conflict of interest for city employees to accept gifts like this.

For its part, the church ought to revisit Scripture as it relates to Pharisaical behavior. I don’t remember Jesus Christ or his disciples buying lunch for the Romans, but then Jesus didn’t have two denarii to rub together.

However, it is not our business to tell a church what to do, although we may well look askance – as when a Grace Ministries’ representative stood up at a public hearing and claimed his church’s members supported the bar owners’ districting map.

The action of the city government, led by City Manager Joe Felz, in accepting these gifts, is appalling and not only exhibited a complete lack of judgment and awareness, but placed the City in the position of a gift-receiver from an entity that does substantial business in Fullerton. If an individual were the sole recipient of this largess questions of integrity would immediately follow. That Joe Felz entangled the people of Fullerton in this situation is deplorable.

And where has our City Council been on this? MIA, as in so many other things.

The Day Nothing Happened

They say the wheels of justice turn slowly. They would be right. Today a pre-trail hearing for Joe “Burt” Felz’ DUI caper was on the docket over at North Court. Joe sent his attorney to handle the matter, who promptly asked the court to continue the case to a future date. That date is June 20.

There isn’t much else to talk about, so enjoy a little photo fun courtesy of the FFFF courtroom reporting team.

Burt’s attorney, ready to represent his many upstanding clients.
The winner’s circle
Lots of activity, little progress.
KTLA requested a camera in the court room. Denied.

 

The Elevators to Nowhere – Managing The Managers

It may be expensive, but it sure is unnecessary…

Yet another in a series about the depot elevator additions by our friend, Fullerton Engineer.

There is an alarming trend in public works construction, namely the larding up of the project with costly overseers to oversee other overseers. The justification is always the same – hiring essential “expertise” to make sure the project gets done on time and under budget. Forget the irony that no one in charge really cares if a project is late, or how much it costs, although they would prefer that no one find out. But what they really care about care about is the photo-op ground breaking and the bronze plaque with their name on it.

The consequences of this trend are two. First, the cost of the project goes up. Way up. And secondly, the overdose of management is guaranteed, when something inevitably goes wrong, to diffuse accountability by the sheer numbers of people potentially responsible for the problem. 

Exhibit A for the prosecution: the completely unnecessary elevator addition project at the Fullerton train station, a project that has already skyrocketed toward $5,000,000. Yes, you read that right. $5,000,000.

When last I left off my narrative, the City had hired Woodcliff Corporation in April 2015 to build the new elevators; and it had paid Griffin Structures to make sure the thing was “constructible.”

In August of 2015 the City employed the services of Anil Verma, a civil engineer and construction manager for vague “construction support services” with a contract worth about $154,000. Since the contract was not provided per our PRA request, we are left to guess what Anil Verma’s scope of work is; we do know they presented two large invoices in 2016 for $55,000, even though nothing had been started except the small ADA remodel adjacent to the AMTRAK office. Regular billing began this spring and the total paid out so far as of April 2017 has been $66,000.

Anil Verma PO P002068

As if the professional services of Anil Verma were not enough to oversee this small project, the City hired yet another construction management company in March 2017 – Griffin Structures, for another $154,500. Since the contract was not provided per our PRA request, we are left to guess what Griffin Structure’s scope of work is, but we know that they are not replacing Anil Verma because, as noted above, the latter seems to have begun regular, monthly billings.

Griffin Structures PO P902854

Now we come to the money that must be spent on our own city staff who makes sure the overseers are properly paid and ministered to. This money popped up in a budget transfer in March, money that is now coming directly out of Fullerton’s own Capital Budget. The total identified in the staff report is a lump-sum $600,000 for various items since the City Engineer, Don Hoppe, was not kind enough to share the specific amount for what is casually referred to as “additional assistant in construction administration.”

And finally, let us not forget the amounts that will surely be billed by, and require further contract augmentation for, Hatch Mott McDonald, the original designer of these two elevator structures, for on-site walkabouts.

Speaking of inspection, back in June 2015, the City hired the “as-needed” good offices of Smith-Emery, a construction testing/inspection lab. The contract is for just under $50,000, which is an awful lot of money for materials testing on a couple of elevator towers; so we’ll just have to trust our City public works department that the money will be well-spent. Our city council certainly trusts them.

Smith Emery PO #P001989

— Fullerton Engineer

Elevators to Nowhere – The Expensive Death March

Here is the latest installment in a series by our Friend, Fullerton Engineer, describing the sad story of the ruinously expensive elevator additions at the Fullerton train station.

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

In my previous installments I described a project that nobody outside City Hall wanted or needed, a project that would never have been contemplated without State transportation grant monies, and that had been “designed” under a 2012 contract that had ballooned to a jaw-dropping $460,000 – including a mysterious increase of 28%. The engineer – Hatch Mott McDonald completed their efforts in 2014, per their purchase order billing record. And there the project sat for a year.

Hatch Mott MacDonald PO P001258

Why? The answer is not immediately forthcoming and naturally the public wasn’t informed; but the cause of the delay can be reasonably inferred from the staff report accompanying the request to award the construction contract to Woodcliff Corporation in April, 2015. For the first time we read that the OCTA is going to authorize a shift of a million dollars from transportation parking funding – money, presumably, needed to actually build the project. And we may surmise that without the funding, money spent on the engineering/design work, money authorized over three years earlier, would have been wasted.

Please observe the complete lack of transparency in the staff report, and the omission of any history that would indicate that staff and the city council in 2011-12 had committed the City to this project without adequate funding.

And note that the staff report lazily repeats the casual assertion of increasing train ridership as the justification for the project, but offers no data to substantiate the need.

The report does indicate worrisome information. The low bid, by Woodcliff is an alarming 22% over the estimate. But remarkably, this fact does not faze city staff at all, who nevertheless recommend award; nor does it alarm our city council who approved this fiasco unanimously. Staff even admits that there are potential cost savings that could be realized if the project were rebid. But nobody cared.

What the public is also not told is that toward the end of the design completion in 2014, a firm called Griffin Structures was given $6000 to provide “constructibility” services, a function that questions the competency of both the designer and the contractor whose job it is to design and build these elevators.

Griffin Structures – Constructability Review PO P001678

Remember the name Griffin Structures. You haven’t seen the last of it.

 

 

Dan Hughes Accidentally Tells the Truth – Felz Was Intoxicated!

A follow-up to last night. Here’s some more, under oath, testimony from Former Police Chief Dan Hughes. See if you can spot the moment when Dan decides to not dissemble the details.

Hint – “The Supervisor believed he was intoxicated”.

Did Hughes lie to the Fullerton City Council or did he lie Under Oath yesterday?

Behind the Badge

One of the more startling examples of stupid waste at Fullerton City Hall has been the exorbitant expense of Behind the Badge: fifty large ones a year for former bad OC Register “journalists” to publish and disseminate pro-cop propaganda pabulum. It was all phony crap meant to obscure the real news about the FPD: a litany of bad behavior and criminal activity that over the past decade has spanned the breadth of the California Penal Code. Fortunately, thanks to the Friends this ridiculous waste is coming to an end. We wanted to make sure, too, so we requested the good bye letter.

And here is our temporary police chief Dave Hinig, hand-wringing over the loss of what can only be described as no loss at all for the taxpayer:

Is this some sort of sick joke? Value? To whom? Certainly not for the people who were paying out almost $250,000 over the past four years.

And what’s really laughable is all this lachrymose bullshit over a contract that was made in secret, was grossly mismanaged, and that had no actual requirements for performance – even if Joe Felz had had any inclination to oversee what he initiated.

Well, anyway, Behind the Badge is going away although why we have to pay another $8000 for two more months of this unadulterated literary manure is beyond me.

Photo Fun: Jesus Asks Questions

If you don’t ask you’ll never find out…

Friends, in response to our public records act request regarding council communications on November 9th, 2016, we actually received the image below from newly-elected but not even sworn-in councilman Jesus Silva.

The first message from the afternoon of November 9th is “responsive,” but not requested since Silva was not yet a councilman. Still it’s pretty darn funny.

The second message dated five days later is a completely gratuitous offering, and you are free to make of it what you will. To me it looks an awful lot like Jesus was planning a list of invitees to an upcoming fundraiser. Let’s hope Felz didn’t waste any time on a purely political exercise for somebody too lazy too do his own research. Of course Stumblejoe had other things on his mind on November 14th.

Jesus Silva’s phone

I wonder if Joe had a restful weekend.

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

Coverup Deepens As Fitzgerald Tampers With Phone Records

When Councilwoman Jennifer Fitzgerald finally got around to not misunderstanding the public records request for her phone communications on November 9th, 2016, FFFF received a document that purported to be responsive to our request. Here it is:

Have you ever seen a phone bill that wasn’t sorted chronologically? That’s because the document we received is not a phone bill. It’s data that was dumped into an Excel spreadsheet and deliberately sorted to confuse the chronological record and quite possibly to obscure the sequence and time-frame of redacted calls. This is not the public record that was requested and is not responsive to the request that was made by FFFF. In fact, this clumsy effort at obfuscation gives every indication of being an attempt to hide Ms. Fitzgerald’s communications in the early hours of November 9th.

And just for fun we have helped out with the names associated with the numbers:

Names added by FFFF Telephonic Investigation Team.

As usual, when someone looks like they’re trying to hide something folks get a little suspicious that there is something worth hiding. And when it comes to our lobbist-councilwoman, we’re naturally suspicious to start with. So rest assured, Friends, we’ll be demanding that we get the original record, and not some self-serving, massaged data.

It’s All Just a Case of Miscommunication

How funny. When you hire a lawyer the City’s legal minions suddenly realize that peddling bullshit may just have ramifications. They become slightly less obnoxious to the citizens they are supposed to be working for.

I’m not telling the truth and you can’t make me…

In the case of Jennifer Fitzgerald’s phone records from the early morning of November 9th, 2016, the public was first told that there were no responsive records. FFFF knew that was a lie because Fitzgerald herself admitted she was in communication with the police chief, Danny “Galahad” Hughes that night; and Hughes memorialized his conversations with councilmembers the very next day in a written memo.

That was when FFFF decided to lawyer up.

Well, here’s the response FFFF attorney, Kelly Aviles, received to her first demand letter. Mostly it’s a clarification about what FFFF wants. But the final page of the response contains this priceless gem:

 

 

Seems it was all just a “miscommunication,” donchaknow, in which the poor, befuddled lobbyist-councilwoman Fitzgerald thought members of the public were seeking information about some whole other day, you know, just for the heck of it. But boy was she hustling to cooperate when she found out what FFFF really wanted!

Yeah, sure, whatever you say, “Jen.”