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.

Pringle is Having A Party!

When it comes to influence peddling, nothing succeeds like alcohol and that’s what Curt Pringle and Associates is peddling at the upcoming big SCAG event down in the desert.

Party a-comin’

For the uninitiated, SCAG is “Southern California Association of Governments,” a regional agglomeration of government planning know-it-alls whose vision for the future includes big expensive transit projectors, ever more stack and pack housing, and, well, you get the drift. Here’s a funny Fullerton example of the mental perspicacity of one of their “senior” planners.

It’s a dirty job, but someone’s gotta do it…

And Curt Pringle? That’s the employer of our lobbyist-councilcreature, Jennifer Fitzgerald, whose sole loyalty on the Fullerton City Council appears to be to big out-of-town developers. What a match.

The idea that SCAG needs to shift its bulk down to a swanky Palm Desert resort just to celebrate the sort of future it wants to shove down our throats is laughable, but this is a Big Annual Event, and as you can imagine the tab is on the dues paying members – budget-busted cities just like ours. And what better way to get lobbied than at a free wine bar before the Big Banquet (yes they are throwing a “banquet” for themselves!).

Will Jennifer Fitzgerald be going this year? Will she be going as an elected official or as a lobbyist? Is there any difference in her mind? Probably not. It’s called multi-tasking. Or God’s Front Row Seat. Or something.

 

The Tribulations of Sonny Siliceo

Siliceo chillin’ with his bro, on-duty sex pervert Albert Rincon, in happier times…

The OC Register reports that one of Fullerton’s Finest, Miguel (AKA Sonny, Sonny Black) Siliceo has pleaded not guilty to charges leveled by the District Attorney.

A while back I shared the news that Siliceo was charged by the DA with filing a phony cop report. It had to do with a case in which some dude in our downtown booze palace had been busted and charged with “resisting” Sonny’s attempt to hook him up. The trouble was that cop video exonerated the guy. This has been an unfortunate recurrence in Fullerton where all sorts of people end up in the Fullerton jail and workable pretexts need to be ginned up by the cops to explain their presence in the clink. Remember the unfortunate Veth Mam?

The closer you look, the worse it gets…

And Sonny himself is no stranger to throwing the wrong guy in jail, but apparently now nobody is willing to run interference for him, including our gelatinous acquaintance Andrew Goodrich who once blew off Sonny’s seemingly deliberate misidentification of Emmanuel Martinez that left the guy in jail for 5 months.

Poor misunderstood Sonny has been on paid leave since October, which is costing us plenty, but it still may be cheaper than having him on the streets getting into mischief.

According to his mouthpiece, Michael Schwartz, Siliceo came to Fullerton in 2006 from Tustin. Which makes you wonder why a 40-year old cop would suddenly move to a new employer. Of course because of the obnoxious Police Officer’s Bill of Rights, the taxpayers and citizens are not permitted to know anything about Sonny’s departure from Tustin. But now we can start to make some educated guesses.

Man’s gotta make a living…

And just for fun, you may remember Mr. Schwartz as the beneficiary of the bungled case our District Attorney tried against the one-eyed Fullerton cop, Jay Cicinelli, who smashed in Kelly Thomas’s face with a the butt end of a Taser – right before the homeless man was bon voyaged by the FPD into a lethal coma.

 

Wild Ride Joe Felz Goes to Court

Cheers, Your Honor…

Our former City Manager, Joe Burt Felz, the guy who couldn’t keep his minivan on Glenwood Avenue in the early morning hours of November 9th, is scheduled to go to court for arraignment on April 3rd. That’s Monday.

Poor Sappy. So young, so vibrant…

You may remember the Wild Ride incident, in which motorist Felz, after a night of election partying, jumped a curb, ran over a tree, and tried to drive away. After a few months of procrastination, DA finally charged Felz with a couple of misdemeanors. The obvious problem to anyone paying attention is that there is no physical evidence of inebriation, leaving charges that could be easily batted away by the dimmest of defense attorneys.

Your Honor, can I borrow that wooden hammer thingy?

So when asked to enter a plea, what will Felz’s high powered attorney do? Guilty is problematic, personally, for Felz. and his ever-dimming reputation. Not Guilty could mean the embarrassment of a trial at some point, no matter how implausible that event seems – a trial in which video evidence is bound to surface; but it would have the salubrious effect of delaying PRA requests under the bogus argument that that legal proceedings are underway. Then there is the nolo contendere plea, which seems to offer the benefit of making the thing go away, possibly with some sort of fine and suspended sentence without having to utter the word guilty.

If the hearing is held as scheduled we will be alerting the Friends as to the outcome.

 

Todd Spitzer’s Mental Melt Down

Chairman of the Board of Supervisors Todd Spitzer gets emotional while reflecting on an incident more than 5 months ago at Wahoo’s Fish Tacos in Lake Forest. He handcuffed Jeobay Castellano and called police when the man would not stop trying to proselytize even when Spitzer told him he was a Christian.
///ADDITIONAL INFO: – Photo by MINDY SCHAUER, THE ORANGE COUNTY REGISTER

Sometimes you get to see someone become unglued right before your very eyes. It’s never a pretty sight.

Today, in response to what must have appeared to the OC 3rd District Supervisor as bad publicity, Todd Spitzer unleashed a press release attacking his former employee, Christine Richters,  who is suing the County for wrongful termination by Spitzer.

FFFF posted about the subject, here.

The press release was sent with a personal message directly to FFFF, which means that Spitzer, or somebody on his 3rd District staff is spending public resources monitoring and communicating with a 4th District blog.

This is weird. Bizarre.

Issuing a press release attacking the plaintiff the very day after the official County spokesperson declined comment because of pending litigation, shows that the wheels have fallen off Spitzer’s clown car.

And now, take a moment to review the actual press release:

Are you smelling the same stink I am? If the job of executive assistant to Spitzer was so demanding, and if it required “basic computer skills” that Ms. Richters lacked, then why was she ever hired by Spitzer in the first place, and why was she kept around for over three years?  And if the job were so rigorous in its professional demands, then why did it pay 16 bucks an hour?

I love the accusation that Richters is “smearing” the County, as if the megalomaniacal Spitzer is equivalent to the County. The “County” is fighting only because Spitzer and his four fellow Supervisors get to make a decision based on their own instincts for self-protection – from their own, hand-picked employees.

I also love the part about Spitzer’s “best efforts” trying to get Richters a job in the bureaucracy somewhere. Who ever heard of an OC Supervisor being unable to get a former worker embedded in some footling job or other? That’s an obvious lie.

The crown jewel of this turd-bedecked tiara is the defensive, almost weepy assertion about Spitzer working late nights and week-ends for 25 years on behalf of the taxpayer. Spitzer has been working tirelessly, all right: working at self-promotion to gratify an insatiable lust for self-aggrandizement. Over those 25 years Spitzer has left a disastrous trail of self-interested decisions that have cost the taxpayers of Orange County and California billions of dollars.

The disasters are starting to mount for Spitzer, our would-be District Attorney, and at each turn of the screw we see somebody who is increasingly becoming psychologically unhinged.