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.”

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

Burn Down Hillcrest Park?


Another City Council agenda, another questionable proposal by Parks & Recreation.

Next Tuesday, the City Council will consider a new location for the Fourth of July fireworks and celebration.  The Fullerton Union High School stadium is no longer available for such purposes.  News of the impending change has been known for some time, yet Parks & Rec waited until 2½ months before July 4th to bring this to the council for a vote.  Great planning!

Have a look at the agenda letter:

“Although considered, some of the these venues don’t have the sufficient capacity to hold the expected crowds and comply with Fire Department’s ingress / egress requirements; adequate firework firing zones / fall-out zones; or are too costly.”

Say what?  Three sentences later, they propose to use Hillcrest Park as a fireworks launch area.  Yes, the same Hillcrest Park identified by the State of California as being within a “Moderate” Fire Hazard Severity Zone (FHSZ).  The same Hillcrest Park that lost many trees during the multi-year drought.  The same Hillcrest Park that had 50 to 75 trees planted on Arbor Day to replace what was lost during the drought.  I think you get the idea.

No mention is made whether the Fire Department approves of this idea, only that the City’s “pyrotechnic consultant” gave the green light.   One would think if the Fire Department expressed concerns about hazards at CSUF, Amerige Field, or the softball fields at FUHS, they would be just as concerned about mature trees at Hillcrest Park going up in flames.

Lions Field

For the sake of discussion, assume fireworks launched from Hillcrest Park will be deemed “safe”.   How prudent is it to have festivities at Lions Field?  The City spent an extra $1.7 million to install synthetic turf there in 2010.  With extra foot traffic and “vendors, attractions, main stage, VIP and staff area…” using the field, preventing turf damage will be nearly impossible.  Have they taken this into consideration?  Probably not.

The agenda letter suggests “ample capacity” for necessities like parking.  Lions Field and the lower Hillcrest parking lot have about 170 parking spaces.   Everybody else will have to park their cars at North Court (like in previous years), the Elks Lodge, along Brea Blvd, at private businesses, or in adjacent neighborhoods.  Parking problems will be an issue no matter where the festivities are held, unless, of course, CSUF could be used, which leads me to ask…

  • Why is CSUF not a viable location?  The agenda letter makes reference to another site being “too costly” but is devoid of specifics.  I can only assume the location being referred to is CSUF.  How much would it cost?  Has the City approached CSUF for leniency on fees?  What did they say?
  • What about Fullerton College?  Did the City approach NOCCCD about hosting the event there?  What did they say?
  • What about the Parks and Recreation Commission?  How did they vote on moving the venue to Hillcrest/Lions Field?  Oh, wait, the matter was never brought before the commission for a discussion and vote.   Had the meeting not been cancelled, this would have made for a timely discussion at the March 13, 2017 Parks & Rec meeting.

This type of nonsense has, embarrassingly, become business as usual for the Parks & Recreation Department.  The commission is regularly bypassed on important issues. When those issues are presented to the City Council for a final vote, the department does so on an absolute last-minute basis — often with erroneous or incomplete information — leaving no time for a continuance, or for other options to be explored.

The residents of Fullerton deserve a lot better.  I wish the City Council and City Manager would put their foot down and say enough is enough.

“Not Guilty, Your Honor!”

Fullerton PD Corp. Ryan Warner, left, and Officer Timothy Gibert are honored during a city council meeting for their work in getting drunk drivers off the road.
grossly taxpayer funded Photo by Steven Georges/Behind the Badge OC

Thus pleaded former Fullerton cop, and MADD Hero, Timothy Gibert,  to charges of conspiracy and grand theft up in the high desert, and repeating a phrase that is becoming the recognized official motto of the City of Fullerton.

Here’s the news as reported in the Daily Titan.