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

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

Chaffee Relieves Self on SCAG

This fun clip has it all, drama, comedy and an anti-climactic bathos that can only come when plumbing the depths of political axle greasing. The topic? The Fullerton City Council choosing a delegate to attend the SCAG annual conference at a posh desert resort.

Right out of the gate, Councilman Doug “Bud” Chaffee assertively announces his disgust with SCAG and their staff, proclaiming his desire to withdraw from the regional planning operation altogether, and even wishing it would go out of business. This brief ejaculation elicits two surprised “wows” from our lobbyist-councilperson, Jennifer Fitzgerald. Fitzgerald has reason to be surprised – and worried. These sorts of footling conferences are designed to throw lobbyists and politicians together in a symbiotic clutch, all the while partying on our dime(s). It sure wouldn’t look good for SparkyFitz if Fullerton did pull out. Using organizations like SCAG to pull and persuade the strings of public policy is how people like her employer, Curt Pringle, make their well-compensated living.

Chaffee, to his credit sees SCAGus interuptus as a way to save the City $23,000 in annual dues. And, credit where credit is due. Greg Sebourn eventually seconds the idea of withdrawal from SCAG for the agenda, at which point Interim City Manager Roeder helpfully steps in to steer the ornery indians back onto the reservation. These types of memberships, says Roeder, will all be open for examination come budget time. Hmm. Well, we’ll see about that.

But Fitzgerald will not be diverted from the task at hand: she quickly announces that she is going out there “for work” anywaythus fulfilling the suspicion that for her the trip might be the unsavory act of somehow representing both her loathesome boss Curt Pringle, and the people of Fullerton at the same time.

In the meantime it may be a good idea to reconsider membership in other big government organizations that exist for the benefit of lobbyists, public employees and a liberal political agenda: the League of California Cities. And let’s not forget the Association of California Cities – OC, another useless lobby shop where our own Jennifer Fitzgerald holds exalted office.

It Was the Fullerton Hunger Games

And the Odds Were Not in District Three’s Favor

Do not be fooled; Fullerton had it’s first Quarter Quell on Tuesday and Councilman Greg Sebourn was put up as Tribute and didn’t make it out of the games alive. Somewhere a canon is being fired in his honor.

The vote was all about self-interest and gerrymandering and anybody who says otherwise is either lying to you or is too dishonest with themselves to know the truth. I’ll explain quickly.

The city never really gamed this out or explored any options legal or otherwise. I had asked, several times, if the city could require sitting At-Large Council members to resign their At-Large seat to run in for a District Seat and the response I got was “We don’t know if that’s legal”. Gee, if only we had a lawyer in the room during Council to answer these things or research them.

I also inquired if it could be made random in order to take the horse-trading and politics out of the equation and again crickets. All of this means that the city never gamed these basic scenarios out.

To make matters worse we had no study-session or talks about how this would play out post-election. The election happened, with a gerrymandered council approved map, and voila they voted on who got to stay and who got to go.

The real meat about this crap is that it was all race based if you read the complaints and lawsuits that got us here. There hadn’t been an Asian on council since X-Date or a Hispanic since X-Date and thus we got sued and the council settled. So the Council voted to put up District 5 under the guise of giving the Hispanic vote a voice. District 3 means that the likely scenario is that the Hispanic vote will have 2 voices on Council while the Asian vote will have none until 2020 when somebody can run for Fitzgerald’s seat only to have the District Map change in 2022 after the 2020 census. It played out this way because apparently;

  1. Jesus Silva is not Hispanic?
  2. Silva living 2 blocks from District 5 is too far for him to understand that district’s “unique voice”?
  3. The Asian vote doesn’t matter as much as protecting Fitzgerald?
  4. Oh and Sebourn gets the bum’s rush owing to reasons Whitaker has yet to articulate publicly.

I’ll admit that I don’t like the way Sebourn votes on a lot of issues. Further I think Fitzgerald is the worst kind of tax-and-spend bankruptcy-inducing fiscally irresponsible politician the GOP can muster and that’s saying a lot. However — at least with the GOP you get the theory of a sliver of a chance of maybe some fiscal sanity. With the next few years of belt-tightening, thanks to the greed of public safety and the insanity of CalPERS, we’re going to require more budget allies and not fewer. Throwing 1/2 of our current 3-2 fiscally responsible minority out with the bath-water in the hopes that 2018 will maybe, possibly, hopefully and somehow see some balance seems foolhardy to me.

I still contend that the map should have been chosen randomly but I prefer governmental honesty to political expedience and crony gamesmanship.

Now going forward should a Republican decide to run in 2020 against Silva I can only offer one bit of advice:

The Enduring Legacy of Manny Ramos, Danny Hughes, and the Culture of Corruption

 

The gift that keeps giving…

Okay, Friends, here’s a blast from the past.

Back on the first day of summer in 2011 Fullerton cop Manny Ramos allegedly roughed up a handicapped dude in an Albertsons parking lot and threw him into the Fullerton clink. Mark Edwin Walker was charged with all sorts of nastiness like resisting arrest and public intoxication.

Manny’s badge of honor awaits a band aid.

FFFF wrote about this back in 2012. We noted that the phony charges dreamed up by the supremely fat and lazy Ramos were thrown out by a judge. Ramos was lucky. He didn’t even have to commit perjury (like several of his colleagues have done) to back up his story.

And now, our perusal of recent City settlements shows that Walker got paid $20,000 in nuisance money – given the happy fact that twisted cops in OC can pretty much do any goddamn thing they want with impunity.

Ya see, it’s all about perception. That’s why I hired a PR guy…and always pose in front of a flag.

Of course 20 grand is chump change and the Fullerton taxpayers are a lot luckier than they deserve to be, if you think about it. Unfortunately, the real cost to Fullerton happened a few weeks later when Ramos harassed, intimidated and instigated the activity that led to the death of Kelly Thomas. That one was caught on video and cost $5,900,000 (if you don’t count hundreds of thousand in legal fees). And who was in charge of the walrus with the bad attitude, and who later insisted that those of us who observed a Culture of Corruption in the FPD were misinformed? Why none other than former PoChief Danny “Gallahad” Hughes.

 

Walker v Fullerton Complaint

Walker settlement agreement

Behind the Badge – The Gravy Train

No civilians were harmed in the making of this satire…

UPDATE: a keen-eyed friend wrote in to inform us of a couple interesting facts about the City’s “Back the badge” documents. First, the original contract and the first purchase order don’t agree. The PO describes a one-year term while the contract is for only six months. Second there is no PO that covers the period from May to November 2014. The City’s controller should not have been able to write checks without a PO to write checks against, so something is fishy there.

FFFF has already shared with the Friends here some of the more ludicrous aspects of “Back the Badge” a PR outlet for cop departments and unions that we pay for.

The whole shabby deception is so bad we decided to dig a little deeper to see just how the Fullerton taxpayers got hooked into paying for the cops to peddle their propaganda – to us.

Here are the documents we were given.

The documents we received indicate a completely non-transparent, slipshod City-vendor relationship in which deliverables are sketchy, and grossly overvalued.

Danny says you are either ignorant or misinformed!!!

First, it’s important to point out that this relationship was approved in secret by former City Manager Joe Felz in spring 2013, presumably under his spending authority. The City Council may have been informed, but the public most assuredly was not. Even Felz must have been aware of the possible public blowback against this nonsense. And he undoubtedly had the support of council persons Flory, Chaffee and Fitzgerald in trying to keep this gross squandering of public funds out of the public eye.

It is critical to recognize the contract for what it is: a fixed fee arrangement in which the vendor gets his contracted monthly amount regardless of what he actually accomplishes. These sorts of contracts are comparatively rare in government precisely because they are not tied to specific scopes of work. In essence there is no real oversight at all, even if anybody felt like doing it – which they didn’t.

The Blue Crew

If you peruse the invoices you will find all sorts of weird “deliverables” of intangible sort like “PR services,” “OC Register columns,” and “Fullerton News Tribune” just the sorts of things that are impossible to value and make you wonder if the real media was in collusion with Back the Badge. FFFF has already noted how the Yellowing Fullerton Observer has published an article, verbatim, from Back the Badge, here.

Of course some of the contractual items like “traffic/performance reports” yielded no responsive documents in our public records request. Anyway, as I noted it above it hardly matters.

One extra-contractual proposal sent to former Chief Danny “Galahad” Hughes offers 40,000 print copies of “Behind the badge Fullerton magazine” for a mere twenty grand.  Who approved that, and where did these print copies go? That we shall likely never know, as the police PR mechanisms are obviously none of our damn business, even though we are bankroller and target audience.

Before we only had to pay him to make stuff up…

My favorite item in the proposals from Back the Badge is something called “crisis counseling.” This must be a service that is called upon when something really bad occurs and the cops need to polish up that road apple, and quick! So did Back the Badge spring into crisis counseling mode the night their benefactor, Joe Felz, smelling of liquor, drove off Glenwood Avenue, and was given a free pass and a ride home by the Fullerton Police Department?

On December 17, 2016, the City issued a new Purchase Order for more of those valuable Back the Badge services. The invoice cites the brand-new interim Chief but there is no reference to the Acting City Manager since by this time Joe Felz was long gone, the victim of his own reckless behavior. So who authorized the issuance of this new PO? The police chief, whoever he is, has no such spending authority. It seems as if the Culture of Opacity and Unaccountability is humming along on auto pilot.

Well, this is Fullerton and if you want to find out what is going on – well, good luck with that.

 

 

You Played Yourself

The other night the council approved the rezoning of the massive Red Oak development site on Commonwealth. The move was made while waxing vigorously about forcing the developer to reduce the project density and increase site parking. The team concluded that holding back the site plan approval until March 7th will give them time to negotiate some sort of fix.

A fiery kiss goodnight.

But in the needless granting of partial approval, the council gave away nearly all of the city’s leverage. You see, the approval of the zoning change brought forth the Specific Plan, along with its density and parking specifics. If the council tries to require additional parking, any decent attorney will point to the already approved Specific Plan and shove it back up the council’s rear end.

The council simply surrendered its ability to get what they wanted. Naturally, city staff and the city attorney sat quietly and helped them proceed. Of course. They are eager to collect those development fees.

At one point, Councilman Bruce Whitaker voiced his commitment to only voting for/against projects in their entirety, perhaps to avoid this exact consequence. But he forgot to be persuasive, and the rest of the council evaded that moment of enlightenment and proceeded to ride off the cliff at full bore.

If only there were an expert nearby…

Now someone less cynical than I might assume that the council fell into this trap out of sheer incompetence. But one must also consider that the screw up conveniently paves the way for the council to be “forced” to complete the Red Oak approvals. They will buckle under legal duress while pretending to be sympathetic to the public’s concerns.

Of course, all of this could be wrong, and the tough-talking council could actually deliver on their promise to significantly reduce the project before it gets built. But when has that ever happened?

While We Were Away. Another Story You Didn’t Read About In “Back The Badge”

Once upon a time, the Fullerton Police Department employed a detective by the name of Ron Bair.

FFFF had some fun with this idiot, here.

A real moron, right? FFFF questioned whether this “detective” could find his own ass in the dark. Unfortunately, Inspector Clouseau was not just an annoying, half-bright stumblebum. He was also the the sort of degenerate who would involve himself in a sexual relationship with a woman in a domestic/child custody dispute in which he had become a witness. That thought alone makes me cringe. Was it sexual extortion? The whole thing was completely piggish.

Naturally, the whole misconduct was swept under the rug by law enforcement, but the civil suit cost the taxpayers of Fullerton plenty in 2015 – $550,000 to be precise.

When you read that article did you enjoy the part where Chief Danny Galahad blames the woman for her “poor choices?”

“I understand your frustration with former officer Ron Bair, but you have blamed him for your situation, the judge, and now three additional members of our department,” Hughes told Castaneda. “You may also want to consider the poor choices you have made to contribute to your current situation.”

You have to admire the balls it takes to offer moral admonishment to the victim of one of your employees and the subsequent law enforcement cover-up. He doesn’t bother to mention that his stand-up officer was conveniently retired in 2013 (see page 35).

For some reason that reminds me of former Chief “Patdown” Pat McKinley casually blaming Albert Rincon sexual assault victims for not being  like the women who attended his stupid “She Bear” book signings.

 

Fullerton Retreads City Manager Tire

On the City’s website, right above a news release about an upcoming osteoporosis seminar at the Community Center, we discover that the City Council has unanimously chosen a replacement for Joe Felz. Felz, you will recall, drove off of Glenwood Avenue, ran over a tree, blew a tire and tried to drive away in his crippled vehicle.

Not Roeder’s first rodeo…

Allan Roeder, former City Manger of Costa Mesa, is the replacement, on an interim basis. He is part of a small pool of extremely expensive place holders brought in like bullpen pitchers, when the starter gets into trouble in the late innings. These already pensioned-off fellows go on to rake in enormous second incomes while already collecting their massive CalPers checks every month.

The new guy was hired yesterday in a Special, Behind-Closed-Doors meeting of the City Council.

Why the City needs to pay somebody a hundred grand for a five or six month stint is a question you should ask one of your “unanimous” council who seem to be oblivious to the fact that the City is running massive deficits every year, already. Oh well, it’s not their money, right?

Here is our new Mayor, Bruce Whitaker extolling the virtues of Mr. Roeder:

“We are happy to have someone as established and seasoned as Mr. Roeder to serve our city,” said Fullerton Mayor, Bruce Whitaker. “Allan’s experience will be welcomed at City Hall and he will be a valuable asset to the entire city until we appoint a permanent city manager.”

Now did Mr. Whitaker actually say that? Let’s hope it was a canned quotation put in his mouth by some overpaid “public information officer.”  Having Felz around for the past six or seven years is proof positive that from a strictly practical perspective we don’t even need a city manager, and would probably have been a lot better off without the last one we had.

Well, now we have one that can absorb the blame for whatever unfortunate happenstances come our way in the first half of 2017, and be off down the road to the nearest bank.

Ron Thomas To Donate Fullerton Millions to Homeless Programs

Future Philanthropist…

Below is a video from late 2015 featuring Ron Thomas, the father of Kelly Thomas, who had just gotten a massive check courtesy of the taxpayers of Fullerton.

First, enjoy the feeble bleating of “city attorney” Dana Fox who is just soooooo darn glad the settlement bought peace of mind so everybody can “move on,” although, damn, that’s a pretty high price tag. Of course it ain’t coming out of his pocket, or “Patdown” Pat “I hired them all”  McKinley’s, or Manuel Ramos’s or Jay Cicinelli’s or Joe Wolfe’s. We picked up the check for this, just like we always have for the FPD Culture of Corruption, and as with all settlements, the public who pays the freight never gets to learn key information – in this case the extent to which Captain Dan Hughes and former Chief McKinley may have helped cover up the mess and perhaps even if there was collusion between the cops and originator of the phony phone call that led to Thomas’s death. Naturally, neither Hughes, Joe Felz, Jennifer Fitzgerald, Jan Flory or Doug “Bud” Chaffee wanted a trial.

And Ron Thomas himself may have wanted to avoid a trial, too, since that would have meant a jury and the general public would have found out that he sold the picture of his broken, comatose son for publication on FFFF – for $1200.

Anyway, at the end of this video you will hear Ron Thomas exclaim that the big settlement is an admission of liability by the City, by which he really meant us taxpayers. He says that’s all he ever wanted. Did that make you feel any better?

And now we pivot just slightly to another video, this one from 2011, wherein Ron Thomas has alerted the media that he is going to donate all of any lawsuit or settlement amount to the homeless.

Now at least we can be satisfied that some good has come out of the Kelly Thomas murder, even if we had to pay for it – $6,000,000 so far, not counting the invoices forwarded by Mssrs. Jones & Meyer, Fox, and of course the ever helpful hazmat clean-up crew run by Michael Gennaco. At least $4.9 million (less Gary Mardirossian‘s giant fee) is being given to homeless programs. Right, Ron?

Ron….Ron…?