The $4 Million Elevator That Nobody Needs

It looked so bad another one was needed…

Well, it looks like more loose change has fallen into Fullerton’s municipal sofa. A lot more. And it’s all so funny. The one thing the Fullerton train station didn’t need was another pair of elevator structures; and the last place they needed it was right next to the existing ones.

But that’s where they’re going. That’s right. A new elevators right next to the old ones that the City has failed so spectacularly at maintaining. “Wait, Joe,” I can hear you saying. “Tell us, for the love of SparkyFitz’s God, this is some sort of cruel joke.”

Let the groundbreaking begin. No point in waiting to waste other people’s money, right?

The joke’s on all of us. Even people who have never been to the Fullerton choo-choo station.The whole thing is costing taxpayers $4,000,000 which is almost three times the amount the exiting one cost 22 years ago. The arguments in favor of building this are laughable as you might imagine, and immediately prove that other taxpayers are picking up most of the tab – as it turns out, money funneled through the bottomless suck hole known as OCTA.

Yes I’m on the OCTA Board, and no, I couldn’t care less about wasting four ‘mil.

For instance we “had” to build a new set of elevators rather than repair the existing ones. Why? Taking the existing elevators out of service for a long period of time would result in ADA lawsuit. There is not a single filament of proof for these assertions but hey, that money ‘s got to be spent by somebody, right? For $4,000,000 you could set up a daily ADA access shuttle for 20 freaking years. Of course there is also an existing gate opened by a remote control that could access the other side of the tracks at ZERO cost.

But wait!!! (as they said on those old TV steak knife commercials). The new toy is not free to the people of Fullerton after all. A new agenda item asks for an extra $600,000 due to cost overruns. Just a few lost nickels in Allan Roeder’s couch, right? And listen to the string of incompetencies by our Engineering Department that caused the extra cost:

“An additional $ 600,000 is required for the BNSF flagging requirements, unforeseen utility conflicts, escalated cost in securing the elevator subcontractor and additional assistant in construction administration. Due to OCTA funding constraints, only direct construction-related costs will be reimbursable.”

13 Transportation Center Pedestrian Overpass Elevator – Budget Transfer

Of course it would be nice if some one on our illustrious city council bothered to ask why a contract was awarded two years prematurely, and why our staff needs “additional assistant” (sic) to administer this simple project, or maybe why the job wasn’t rebid. But they won’t.

And so we witness the comical spectacle of two sets of elevator structures side by side, each slowly deteriorating, until 20 years from now some over-paid idiot proposes a third, because as any artist knows, three objects in a picture are much more aesthetically pleasing than two.

The Speech From the Empty Chair

So much to skim, so little time…

Lobbyist-councilmember Jennifer Fitzgerald took a powder from the budget meeting on Tuesday. Perhaps the potential embarrassment was too much to contemplate.

But she did send in this letter in lieu of her presence. Since she wants it to become “part of the record” we know that it is really meant to be a political PR document. For a little help FFFF has highlighted some fun parts.

Okay.We now know that Fitzgerald is blaming “Sacramento” for Fullerton’s gloomy, no, desperate fiscal projections. We can’t expect her to make reference to her own irresponsible deals with the unions or remind us of her campaign lie that Fullerton’s budget was balanced. We can’t expect her to admit that everyone has known CalPERS projections have been BS for years. No disappointment there.

Scrolling down her wish-list we see the properties she wants to sell off to her developer pals, a one-time fix that won’t fix anything. More insidious is the “public/private partnership” expansion, or P3 in the parlance of the lobbyist’s guild, in which the public generally pays for the same thing twice. Electronic billboards? Like the fuzzy, illegible ones along the 57 put up by Placentia when things got dire next door? Wow, that really is desperate! The ad revenue from signs would be peanuts (but oh no, let’s not discuss Behind the Badge. That loose change is lost in the couch forever).

You have to give Fitzgerald credit, being what she is. After putting Fullerton in a dire financial hole she is still looking for ways to direct profit to people who have or who might contribute to her political future; or to other politicians in cities where Pringle and Associates have clients.

Do you feel better knowing that “this community always rises to the occasion?”

Fitzgerald A No-Show at Important Budget Workshop

The City Council held an important budget workshop Tuesday evening.  Councilwoman Jennifer Fitzgerald was nowhere to be found.

She claims to have had a prior commitment, but I was also told she wasn’t aware of the meeting, or something silly along those lines.  Knowing the date and time of meetings, and attending them regularly, had never been a problem for her in the past.  The only exception that comes to mind is a recent family emergency, in which case her absence was totally justified — I’m not about to rag on her for that.

Vacant seat Fitzgerald

One has to wonder if she purposely ditched the meeting to avoid accountability on her bogus “Balanced Budget” claim, which was — again — disputed by City staff and others during the 2+ hour meeting.

She doesn’t seem to handle accountability very well.

The Desperation Has Arrived

In case you weren’t already convinced, Tuesday’s study session agenda provides ample evidence that Jennifer Fitzgerald lied when she said Fullerton has a balanced budget.  She also boasted during her campaign that Fullerton, unlike other cities, didn’t have special sales taxes because we manage our finances (better).  Short of widespread cuts citywide, that scenario — city sales taxes — looks to be nearly inevitable in the near future:

While not part of the public budget workshop, the City Council will confer in Closed Session beforehand about the (likely) sale of 15 City-owned parcels across town:

The City never provides more than a parcel number, so I’ve taken the liberty of capturing a screen shot of each parcel from the county’s GIS viewer and added a brief description.

After all, these are public assets.  We deserve to know which parcels of public land City Hall is seeking to dispose of.

 

Hunt Branch Library — parcels 030-290-16 and 030-290-21

(more…)

Haluza’s BID Bid Bites Dust

Haluza

On Tuesday night our esteemed City Council, a clan that can never say no to a bad idea, reviewed Community Development Director Karen Haluza’s Big Plan to begin the process to create a downtown BID. For the uninitiated, BID stands for Business Improvement District. FFFF already gave the Friends a heads up, here.

To remind you, a BID means a new property lax levy. In downtown the lion’s share of any tax is going to go to the cops, whose performance shutting down the booze culture gives zero confidence that more money in their direction is money well spent. The rest of the loot would probably be wasted on stupid, footling projects that give work to Haluza’s crack staff. Here’s an example of the sort of nonsense that gave our planners the warm and fuzzies before Redevelopment was abolished.

Anyway, the Council got an earful from a few property owners – including one who vehemently denied being notified of the hearing. FFFF will soon be highlighting the comments of this gentleman who poignantly observed that his property income is his retirement income, and, pointing to the uniformed Heroes in the back of the room trenchantly noted that nobody was talking about taking their retirement away.

Our lobbyist-councilperson Jennifer Fitzgerald, who no doubt oversaw this wretched swindle in the first place as a way to keep her bar-owner pals from having to pay to clean up their own mess, moved to continue the item indefinitely. The others didn’t have a whole lot to say, which is typical.

My belief is that we have not seen the last of this obnoxious dodge, a way for the city to get somebody else to pay for their disastrous bar-on-every corner policy.

Irony: Sebourn Pays Price For Booze Peddlers’ Map

And then the self-congratulation came to an end…

UPDATE: As Mr. Fullerton Rag correctly points out Jesus Silva is not up for re-election in 2018. He was elected to a 4 year term last fall. If District 3 were on the ballot in 2018 then Silva would have to resign his current seat (and term) to run in 3 as a non-incumbent or he would have to move to a different district to keep his job in 2020. I think I have that right.

Mr. P.

Councilman Greg Sebourn lives no where near Councilman Jesus Silva. And yet thanks to the gerrymandered district map cooked up by the downtown bar owners to dilute a single voting block downtown the two find themselves both in District 3. And that’s because the map was approved by the City Council – including Greg Sebourn.

So what’s the problem? Sebourn is up for reelection in 2018 and Silva just got elected. If District 3 were chosen as a district open for elections next year then Sebourn could run against Silva as an incumbent. But if District 3 were not up in 2018 then Sebourn would have to move to a district that was in order to keep his job.

Drum roll: in a 3-2 vote last night the council decided that District 2 (where Doug “Bud” Chaffee resides) and District 5 (where no council persons currently live) would be up for election in 2018. Chaffee and Silva were joined by Bruce Whitaker in this strategy. So Sebourn has no place to sit when the music stops in 2018.

Why? C’mon, spill it.

Since this vote will be seen as deliberately undermining a fellow Republican and erstwhile ally, Whitaker’s got some explaining to do. Was this a quid pro quo for Jesus Silva’s unusual support of Whitaker to retake his place on the OC Water District Board? That’s what some cynical folks around town are saying, and the suspicion fits the facts.

Personally, I’ll be glad to get rid of Sebourn, who, frankly just isn’t very smart and isn’t very principled. And that’s a bad combination. Since his election in the 2012 Recall he has been an almost complete disappointment, trying to please everybody and in the end making no one happy.

How Fitzcal Irresponsibility Drove Us Over the Cliff

“Hey, it was balanced for a few seconds!” Jennifer Fitzgerald, probably

Now that the City of Fullerton is finally admitting that our budget is not balanced!, contrary to Jennifer Fitzgerald’s campaign claims, this would be a good time to revisit how we got here in the first place.

The City of Fullerton website includes links for the minutes and agenda for the last four years of city council meetings and beyond and can be found here.  You’ll find that on October 20, 2015, Fitzgerald voted for the Memorandum of Agreement with the Fullerton Municipal Employees Federation 1200 (resolution 2015-52), which provided increased costs of $5,595,576 over the next four years, and then voted for the contract at the second reading on November 3, 2015. The resolution passed 3-2.

But that’s not all, not by a long shot.

On November 3, 2015, Fitzgerald voted for the Memorandum of Agreement with the Fullerton Police Officers’ Association – Safety and Dispatcher Units (resolution 2015-59), which provided increased costs of $9,502,904 over the next four years, and then voted for the contract at the second reading on November 17, 2015. The resolution passed 3-2.

Fitzcal responsibility.

On February 16, 2016, Fitzgerald voted for the Memorandum of Agreement with the Fullerton Firefighters’ Association (resolution 2016-16), which provided increased costs to the city of $1,959,821 over the next two years, and then voted for the contract at the second reading on March 1, 2016. The resolution passed 3-2.

On April 5, 2016, Fitzgerald voted for the Memorandum of Agreement with the Fullerton Management Association (resolution 2016-23), which increased costs to the city of $1,175,030 over the next four years, and then voted for the contract at the second reading on April 19, 2016. The resolution passed 3-2.

Also on April 5, and again on April 19, 2016, Fitzgerald voted for a revised resolution providing for raises to confidential non-represented employees (resolution 2016-24), which increased costs to the city of $391,857 over the next four years. The resolution passed 3-2.

And on December 6, 2016, Fitzgerald voted for the Memorandum of Agreement with the Fullerton Police Management Association, which increased costs to the city of $882,492 over the next four years. The resolution passed 3-2. Oh, and if you’re interested, this was the meeting where outgoing councilmember Jan Flory berated Josh Ferguson for having the temerity to claim our budget wasn’t balanced and we were exhausting our reserves (starting at around 1:21:00).

Over the course of her first term in office (the December 6 hearing was a lame duck session), Jennifer Fitzgerald voted for pay increases totaling nineteen million five hundred and seven thousand nine hundred and fifty three dollars ($19,507,953) over a four year span – or almost five million dollars per year. And Fitzgerald’s vote was crucial for the passage of each and every one of these pay increases.

And let’s not forget the numerous “side letters” Fitzgerald approved over the years as well – including one for $500,000 on November 5, 2013, for $450,000 on March 4, 2014, for $60,000 per year on April 15, 2014 (to “adjust” Fullerton Fire Management’s pay to bring it into parity with Brea’s), and for $202,00 on November 14, 2014, plus several other agreements for less than $100,000. Oh, and let’s not also forget the $4.9 million settlement of Ron Thomas’s lawsuit which Fitzgerald also voted to authorize, which will be indirectly paid for by the city through increased insurance premiums for decades to come.

So Jennifer Fitzerald didn’t just mislead voters about our supposedly balanced! budget. – she was one of the architect of our current fiscal mess in the first place.

Don’t Just Complain – Do Something

We’ve covered the Red Oak development before – a four story, 295 unit development at 600 Commonwealth which does not have adequate parking and would create serious traffic concerns as residents block traffic on the West side of Commonwealth to turn into the project during rush hour.

Behold… it’s coming.

On January 16, the City Council on a 4-1 vote largely approved the Project, leaving the door just barely cracked for minor revisions to the proposal. I have spoken with the developer of the project, who has discussed potentially alleviating the parking issue by adding a level to the proposed parking lot, and while this would admittedly help the parking issue if they followed through, the traffic problems would remain. Think about it – just how exactly will the Westbound side of Commonwealth be traversable during rush hour if the left lane is being blocked every five minutes by a tenant looking to turn into their home?

So what’s different about this vote? Someone decided to do something about it.

The group Friends for a Livable Fullerton has decided to not take the vote lying down and have been circulating a petition. If they are able to collect the 6,800 required signatures it will qualify for a public vote of the voters of the City of Fullerton to overturn the Council’s resolution.

Pictured: Activism

So here’s the deal: Friends for a Liveable Fullerton need signatures and even more important they need people to circulate those signatures. So if you agree that it’s time to take our City back then help the volunteers at FLF. They can be reached through their facebook page at  or via email at  and help them get the signatures they need.

Behind the Badge: The No-Bid No No and An Email to the Council

I rescued a cat. The beat down on that kid never happened.

FFFF has tracked the obscene waste of taxpayer money – $200,000 so far – on a vacuous, pro-cop PR outlet run by Cornerstone Communication called “Back the Badge.” We have noted a supremely fuzzy contract, approved only by a bureaucrat and managed in the most slip-shod fashion.

On February 2nd, Mr. Travis Kiger sent a communication about it to Mayor Bruce Whitaker. We faithfully reproduce it, here:

Mayor Whitaker,

After reviewing the contract, purchase orders and payments to Cornerstone Communications, along with the communication from the city below, it is clear that the City Manager issued the contract and payments improperly.

City code 2.64.050 and city policy requires a Formal Bid Procedure be followed for awards over $50,000. On 3/28/2013, the City Manager signed a contract with Cornerstone Communications not to exceed $40,000 with no evidence of a Formal Bid Procedure. On 5/20/13, less than 2 months later, the city issued a purchase order extending the contract by 6 months and $23,000. This PO brought the total contract value to $63,000 in the first year. This maneuvering suggests that the City Manager intentionally bypassed the city’s requirement for a formal bid procedure.

This issue is even more alarming considering that City Manager and the Chief of Police had an existing relationship with Bill Rams, the proprietor of Cornerstone Communications, prior to the initial contract issuance.

Additionally, there were $32,000 of payments to Cornerstone Communications from 4/1/14 through 11/1/14 that were made without an active contract or purchase order. This is an egregious error that is further complicated by city management’s pre-existing relationship with the vendor.

There are other problems with this vendor relationship. Purchase orders were issued in excess of the contracted amounts and term without an updated contract. The contract is open ended, vague and does not provide for specific performance. The contract does not require the vendor to deliver performance reporting, nor is there evidence that the vendor provided evidence of effectiveness of deliverables, which is customary in online marketing agreements.

Given the improper nature of the issuance of the contract, which was renewed over four consecutive years without the approval of the City Council, and the sudden departure of the City Manager who oversaw this contract, I strongly believe the council should review the contract and payments to Cornerstone Communications at a public meeting immediately.

Thank you,

Travis Kiger

Email re Cornerstone Communications

Cornerstone Communications Contract and Invoices

Now let’s see what Mr. Whitaker and the City will do with it, if anything.

Whitaker Wants to Hear More From You; Bored, Tired, Cranky Fitzgerald Wants to Hear Less

Watch as Mayor Bruce Whitaker restores the public’s full speaking time. Following in Jan Flory’s footsteps, Jennifer Fitzgerald puts her disdain for the public on full display. Councilman Silva shows a healthy attitude about hearing from the public and staying up late from time to time: “It’s what we do.”

When lobbyist Fitzgerald began her mayoral term last year, she cut public speaking time to 3 minutes. Of course she gave out-of-town developers all the time in the world.