Chronic Failure Archives - Page 27 of 71 - Friends For Fullerton's Future

August 6, 2019September 9, 2020Behind Closed Doors

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…)

August 6, 2019September 9, 2020About Us

Why Keep Threatening Us?

by Lonnie Machin6 Comments

For every problem that isn’t a nail, there’s a moron ready to swing a hammer.

20 Days ago FFFF got another threatening letter from the City that said if we don’t stop reporting news and telling the public the truth about what’s actually happening in their town, apparently there will be consequences.

We told them to kick rocks.

What really strikes us as odd is how hard the city works to solve real problems v make work problems.

If they’re willing to go after local journalists connected to a blog that city employees routinely insist that no one reads, one can’t help but wonder what wrath the city brings down on real problems.

Can we assume that the city also takes things like life safety issues impacting the public, police brutality and sexual misconduct, wasted tax dollars, theft by employees, recklass or perhaps drunk driving by employees, or total disregard for budget discipline, public trust, and basic fairness as seriously as they take shutting down transparency?

Oh wait, we don’t need to assume anything as we know exactly what kind of resources the city spends on those problems. None.

We know because we broke and covered those stories.

Maybe that’s what this is about. Maybe the City is tired of having a group of “chronic malcontents” embarrass them by telling the truth. (more…)

August 4, 2019August 4, 2019Arts & Architecture

Return to the Pinewood Stairs

by Mr. Peabody31 Comments

“Pine Wood Stairs” looked a lot better in concept than in reality…

Follow us back, gentle Friends, as we revisit the construction horror show known as The Pinewood Stairs. It’s been a year-and-a-half since we frightened you with the design and construction fiasco of the Pinewood Stairs at Hillcrest Park.

FFFF photo documented the sorry project even before the embarrassing party the city threw for itself since the contractor had failed to secure the contruction site – even though there were obvious safety issues.

In that sad saga we showed images of the many deficiencies and manifest failures by a small army of designers, city staff, contract construction managers, contractors, city inspectors, and of course, a city council woefully derelict in its duty to the public. We also shared the attempts by City Hall and its amen choir in the community to pretend that everything was just peachy.

And so we ventured out on a proactive foot patrol to see what effect the intervening eighteen months may have had on this dismal boondoggle. What we found was not shocking, for our sense of shock at the ineptitude of our City’s park and engineering departments dissipated years ago.

The structure is noticeably creaking, treads are wobbly and handrails are coming loose. This barely two-year old ramshackle pile of lumber is showing unmistakable signs of decrepitude and neglect. Its creators have moved on to new ventures.

What did we find?

Uncorrected code violations like tread width? Check.

The top of the stairs is a bad place for a code violation…

Failed irrigation? Check.

The hills are alive with…no, they aren’t…

Uncontrolled erosion? Check.

Risk management potential? Check.

No correction of substandard design and construction? Check.

Close enough for Fullerton government work…

New maintenance problems? Check.

Two years old. Happy birthday Pinewood Stairs!

And this:

Handrail, meet bracket. Aw, close enough…

And of course:

Of course it isn’t straight. Griffin Structures specialty…

All askew:

August 1, 2019August 1, 2019Chronic Failure

More Good Times; Stompin’ at the Slidebar

by Joe Sipowicz10 Comments

A couple of weeks ago Jeremy Popoff’s Slidebar employees and clientele provided more examples of the sort of high class behavior favored by our city council and particularly our lobbyist/councilcreature Jennifer Fitzgerald who has been running cover for Popoff for years and years. You may recall that Slidebar has never gotten the required CUP even as city officials like Fitzgerald, Bruce Whitaker and Party Planner Ted White have schmoozed and petted its miscreant owner.

Everybody seems to be ignoring Slidebar’s violation of planning and nuisance laws until the laws can be watered down so much even a professional douchebag can slime by without comment.

Here’s the video

At the outset you can see a bouncer on theft serially pound some hapless dude already on the ground and then go for a head stomp for good measure.

In the open-air saloon known as Downtown Fullerton it’s often virtually impossible to distinguish between the bad behavior of the bar-hopping patrons and the low-lifes hired to control them.

July 31, 2019July 31, 2019Boohooism

Gas Tax Trough Slurpers Support Newman

by Joe Sipowicz48 Comments

It’s just a few cents a gallon. Suck it up!

A Friend just forwarded me a press release from Josh Newman’s campaign to get back his old job – the one he got recalled from after gas taxing his constituents, rich and poor alike, in order to support the State’s featherbedded transportation bureaucracy and infrastructure lobbyists.

The gas tax was nothing other than a free-up of state resources to help support the ridiculous High Speed Rail boondoggle that has made Californias a laughing stock.

And right on cue, these same special interests have rewarded Newman with their endorsements.

ORANGE COUNTY, CA — In another indication of his wide-ranging support from working men and women in the rematch race to represent California’s 29th State Senate District, today U.S. Army veteran, businessman and former State Senator Josh Newman secured endorsements from Ironworkers Local 433 and the Professional Engineers in California Government.

Both unions released statements following the announced endorsements:

“Courage, integrity and doing the right thing matters. That’s why we’re pleased to give Josh Newman our enthusiastic support in his 2020 rematch campaign. Josh is a political rarity – in the face of adversity – he bravely stood up for the people and did the right thing time and again. We know Josh will be a fierce and outspoken leader for working families and a pro-middle class agenda in the State Senate. We look forward to helping him win this race.”
-Ironworkers Local 433 Business Agent Paul Moreno

“The Professional Engineers in California Government (PECG) is pleased to announce our endorsement of Josh Newman for State Senate District 29. Josh has worked to create and protect good-paying jobs; invest in infrastructure, and education; safeguard collective bargaining, organizing in the workplace and retirement benefits; expand access to healthcare; and all the while, grow and strengthen our middle-class economy. We support Josh Newman for Senate because we support fierce defenders of our working families.”
-Professional Engineers in California Government President Cathrina Barros

The signal is loud and clear: Newman supports bureaucrats and boondoggles above the public – so much so that he was and will be willing to load the burden of regressive taxes on the very constituents the liberal Democrats are always bleating so loudly about – poor minority folks.

July 17, 2019July 17, 2019About Us

Breaking News: Fullerton Threatens Local Blog – Again

by Joshua47 Comments

The city is threatening to sue us… again.

Let’s have a look at the newest letter from the city (PDF HERE) before getting into why this is happening:

Dear Ms. Aviles:

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

As legal counsel for the City of Fullerton, I write, pursuant to California Government Code section 6204 et seq., to notify you, as legal counsel to the owner(s) and/or operator(s) of the Friends for Fullerton’s Future (FFFF) blog, that the City of Fullerton has reasonable grounds to believe that owner(s) and/or operator(s) of the FFFF blog are in unlawful possession of records belonging to the City of Fullerton. The records were taken and used by FFFF blog owner(s) and/or operator(s) without the City’s authorization and fall within the definition of “record” under California Government Code Section 6204(a)(2), as well as the definition of “public records” under California Government Code § 6252(e), and are described as follows:

Any and all records obtained from the City of Fullerton’s Dropbox account (https://cityoffullerton.com/outbox) that were not directly provided by the City to Joshua Ferguson or any of FFFF’s agents or associates through an emailed link, including, but not limited to, records contained in a folder named “prl 919 – Josh Ferguson.”

Therefore, pursuant to Govemmentt Code section 6204, within twenty (20) calendar days of receiving this notice, the owner(s) and/or operator(s) of the Friends for Fullerton’s Future blog are hereby directed to either:

(1) Return the above-referenced records to the City of Fullerton, as previously requested; or

(2) Respond in writing and declare why the above-referenced records do not belong to the City of Fullerton. Ifthe owner(s) and/or operator(s) of the Friends for Fullerton’s Future blog do not deliver the above-described records, or do not respond adequately to this notice and its demand within the required time, we will immediately thereafter petition the Superior Court of Orange County for an order requiring the return of these records.

We further note that the FFFF blog has posted many of the confidential City documents after receipt of our office’s June 13, 2019 cease-and-desist email. (A copy of that email is enclosed herein). Many, if not all, of the confidential City records posted to the FFFF blog are explicitly exempted from disclosure under the California Public Records Act, would not have been provided to Mr. Ferguson or FFFF agents or associates in response to a Public Records Act request, and could only have been obtained without the City’s express authorization. Such records posted to the FFFF blog are confidential and exempt from disclosure pursuant to the following authorities:

“Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure.” Cal. Gov’t Code § 6254(a);

“Records pertaining to pending litigation to which the public agency is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled.” Cal. Gov’t Code § 6254(b);

“Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.” Cal. Gov’t Code § 6254(c);

Law enforcement investigative records. Cal. Gov’t Code § 6254(f); and

“Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.” Cal. Gov’t Code § 6254(k), which includes the following privileges:

o Attorney-client privileged records. Cal. Evid. Code 950 et seq.; Roberts v. City of Palmdale, 5 Cal. 4th 363 (1993);

o Attorney work product. Cal. Civ. Proc. Code § 2018.010 et seq.;
o Peace officer personnel records. Cal. Penal Code § 832.7 et seq.; and o Confidential closed session information. Cal. Gov’t Code § 54963.

FFFF’s unauthorized access and misuse of the City’s clearly privileged and exempted documents constitute a violation of California Penal Code section 502, which grants civil remedies (including compensatory damages, attorney’s fees and potential punitive damages) to any persons or entities injured by any violations thereof. See Cal. Pen. Code § 502(c), (e).

As such, unless FFFF complies with the demands set forth in the City’s June 13, 2019 cease and desist letter within 24 hours, the City will have no choice but to pursue all criminal and civil remedies available to it under the law.

Bruce A. Lindsay

Fullerton Cease and Desist 2 Page 01

What is this all about?

For those in the cheap seats we at Friends For Fullerton’s Future broke news story after new story by publishing documents that the city didn’t want disclosed and tying those documents to local events and items of public interest. Those stories include, but are not limited to:

The city settling with a police officer to sidestep disclosure laws regarding police misconduct.

The results of a Body Worn Camera audit for a School Resource Police Officer who had, what appears to be, child pornography on his (or perhaps department issued) cell phone.

An insurance payout for an accident that destroyed a city vehicle.

Likely fraud by city employees costing over $50,000 worth of waste/theft.

Possible Accounting fraud within the city budget used to hide salary costs.

A city council member specifically targeting one businesses.

Massive Police Overtime abuse that went on for 6 years.

Evidence that the city is lying and violating the California Public Records Act.

And more, and more, and more, and more, and more, and more, and more and more.

In short, they’re mad that we’re doing what journalists are supposed to do daily. We’re using information to piece together stories in order to inform the public.

These latest threats are meant to serve as a chilling effect to silence people who would dare impugn the character of Fullerton with facts the city wants obscured. I’m hesitant to head to city hall or go to council meetings lately knowing that the city is targeting me personally for the use of free speech on this news site / blog. And that’s really the point of these types of threats – to silence dissenters.

How will we respond to this latest salvo by the city? I reckon we’ll confer with our legal counsel and act accordingly.

July 16, 2019September 9, 2020Behind Closed Doors

Fullerton Lies to Fight Transparency – Airport Edition

by Lonnie Machin52 Comments

I’m not sure why Fullerton is so dedicated to being lying liars telling lies to just to tell them but that’s how they do.

Recently somebody put in a Public Records Request to find out if the City of Fullerton was in violation of Federal Aviation Administration (FAA) Grant Rules and risking a financial headache.

This all stems from Hanger 21 and their non-aeronautical use holding parties instead of making sure the space in question is used for actual aeronautical use as required by the FAA.

Public Records Request number 19-272 asked, and I quote;

“Please provide me with a list of non-aeronautical and aeronautical hangars at the Fullerton Airport.”

The response from the city was;

No Records Available

“The City does not maintain a list, and the Public Records Act does not require the City to create records in response to a request.”

Oh really.

Weird. This email from Airport Manager Brendan O’Reilly seems to say otherwise.

Non-Aero Uses at Airport

“Here’s what I wrote up for the eviction of the twelve non-aero tenants, along with the letter I sent out last February as a warning.”

So there’s a list of non-aeronautical tenants when the city needs it but not one when the city is required to disclose it? It sure seems that Brendan O’Reilly is making things up at his convenience to suit his immediate needs.

Oh Lying Liars and the Lies they tell.

This isn’t the first time that O’Reilly has been caught lying. He previously lied to the city about the airport having a waiver for non-aeronautical uses which the city doesn’t have. He got away with it because our council and staff are lazy, incompetent or both.

In the end, these lying liars who lie are going to cost you, the taxpayers, millions.

It’ll cost you when AirCombat wins their lawsuit because the city is illegally renting an aeronautical facility to a non-aeronautical user at below market rates AND the city purposely disqualified two applicants (including AirCombat) from the lease because Hanger 21 could pay more. BUT we rented to H21 at below market rate (if it wasn’t on an airport) because they could pay more than the tenants who would actually use the space for aeronautical uses which the city is legally required to prioritize.

Then it’ll cost you once more when Hangar 21 sues the city for estoppel for damages they incurred after the Feds force H21’s eviction from the property due to an illegal lease.

Oh. And don’t forget that the airport wasn’t even zoned to allow for Hanger21’s business when they were approved. Again, per Airport Manager O’Reilly:

Hanger21 PL Zoning

“After our EDAT meeting on October 5, it seems that we won’t be able to get CC approval for the item because of the PL Zoning issue.”

This is the bullshit Fullerton’s Council tolerates. This is the bullshit they will continue to tolerate because they don’t know any better. This is the bullshit we get to pay for because our City Council is too spineless to ask a single pointed question, let alone demand compliance with our own laws.

It isn’t going to get better until voters hold these nitwits accountable and make them responsible for their actions. Good luck getting that to happen.

July 15, 2019Chronic Failure

Your Tax Dollars at Waste

by David Curlee21 Comments

The City has been telling us for years that we’re poor — we need paid parking to maintain the downtown, we need a city sales tax to pay for infrastructure repair, we need higher fees to offset higher pension costs, yada yada yada.

That’s an interesting plea given the inordinate waste that is funded by the City’s General Fund.

When it comes to essential services like investigating crimes, approving building plans, or scheduling a fire inspection — we are told they are short-staffed, and the City can’t afford extra manpower — yet there’s plenty of cash for stuff like what you see below:

$600 of our tax dollars to a non-profit 501(c)(3) organization

$420 for a Fire Department party at the airport

$640 for toy lapel pins to give to children

July 2, 2019September 9, 2020About Us

Fullerton Observer Fails at Local Journalism

by Lonnie Machin33 Comments

I’m glad to see that Woodward and Bernstein over at the Fullerton Observer have decided to deviate from their usual city council puffery in order to run a two–part summary of the Mueller Report. Lord knows not enough people are covering THAT story in the media. It sure shows the local journalist chops at work in the local media to… rehash what the entire global media establishment won’t shut up about.

Observer Mueller

Normally I wouldn’t take time out of my day to poke fun at the Observer but I need to point something out for the sake of clarity. If you search for the Observer on Google or go to their About Us page they ask for money from people in order to… wait for it:

“Protect local journalism –”

I’m pretty sure this website has broken more local news in Fullerton in the last few weeks alone than the Observer has in a decade and we got hit with an ethically and legally dubious Cease and Desist letter from the “City Prosecutor” for our efforts.

When we were being threatened by City Hall where was the Observer? They’ve been silent on the whole issue because of course they have been. They likely won’t report on anything critical of the city we’ve published without us identifying our sources but no source info is needed for that Cease and Desist letter and yet still radio silence.

Sadly, as has been the case for far too long, if the Observer isn’t crying about the liberal cause-de-jour they’re spending their column space blowing smoke up the skirts of city bureaucrats and avoiding any issue that might shed light on how things actually function in our local government. It may be a bad look to call one’s staff “journalists” if you function more as a local government PR firm.

Maybe after the city follows up on their anti-First Amendment threats against this blog, and one of our contributors, the Observer will have raised enough money to “protect local journalism” in order to actually write about the issue. But don’t hold your breath.

June 28, 2019September 9, 2020Behind Closed Doors

Fullerton Brass Thought Money Was No Object

by Lonnie Machin25 Comments

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.

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):

“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):

“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.