Rumors of increased criminal activity are wafting out of city hall again. A few employees of the Public Works department are in hot water for some sort of embezzlement/kick-back scheme down at the city yard. Criminal charges are in the offing.
It’s not clear to us who was involved or what was stolen. City leaders are keeping quiet right now, but hopefully they will inform the public soon.
If you have any information to contribute, please drop us a line. Discretion is our thing.
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.
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.
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.
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.
We are used to politicians lying to us, especially when they are running for office. Sometimes the lies are more or less fuzzy, but once in a while the lies are staggeringly blatant. So blatant, in fact, that we must assume the politician believes the electorate are idiots.
And so it was last year with then-lobbyist-mayor and humble vessel of God, Jennifer Fitzgerald, whose campaign rhetoric deliberately misled the public into believing everything was just fine with Fullerton’s financial state of affairs. Here are a couple of pearls from her little chest of jewels:
While other cities in Orange County are trying to raise sales taxes to prevent insolvency, in Fullerton, our budget is balanced! Our five-year financial forecast shows a balanced budget to 2020. We’ve done this by making the most of our assets and minimizing our liabilities.
REDUCED UNFUNDED PENSION LIABILITY
With conservative fiscal management and successful revenue strategies, Fullerton has been able to reduce its unfunded liabilities. This is a long-term strategy, with a short-term goal to achieve what is a generally accepted adequate level of funding of 80% of liabilities.
It didn’t take long for that hot-air balloon of happy talk to sail away. Barely three months after Fitzgerald’s re-election she had to listen as the Director of Administrative Services, Julia James, at last week’s budget workshop, tell the exact opposite story. Due to continuing unbalanced budgets and exploding pension costs, the City is following in the footsteps of Stanton and Westminster with a built-in, structural budget deficit. Naturally the cops and the “fire fighters” bloated salaries and pensions are the principle cause of the impending disaster.
James mentioned taxes as a solution. Any takers?
How long will it be before our temporary City Manager, who has absolutely nothing to lose, begins crisis public meetings meant to gin up support for a Fullerton sales tax increase? And how long will it be before the people who voted for her realize that “SparkyFitz” Fitzgerald would have said, and did say anything to get re-elected?
The Fullerton Police Department has also been a collaborator in the craziness “working with” the dysfunctional culture, following political orders and smelling lots of overtime, no doubt, and maybe even relishing the opportunity to crack a few 909 noggins once in a while.
And of course, the media has been utterly silent on the $1.5 million abuse of the City budget, the drunken violence, the sexual assaults, the broken laws, the mega bonanza for the subsidized, out-of-control bar owners.
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.
The documents we received indicate a completely non-transparent, slipshod City-vendor relationship in which deliverables are sketchy, and grossly overvalued.
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.
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.
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.
Sometimes what our City Hall doesn’t say can be almost as illuminating as their press releases.
On Wednesday, November 16 at about 9:00 PM, a Fullerton Parks and Recreation vehicle collided with another car at the intersection of Highland and Chapman. Ouch.
Sure looks like somebody ran a red light, then blammo!
What’s odd about this unfortunate accident is that the City never said a word to the public about the horrible-looking incident. Who was involved? Was anyone badly hurt? Who caused the accident? Why was a Parks and Rec employee driving around late at night? So many questions, and no answers.
What’s the big secret? Maybe there’s a reason for the radio silence.
It makes one wonder if this accident might not be the fault of a government employee, perhaps even driving a city-owned vehicle after hours. If so, look for big damages coming our way.
You have to wonder about the integrity of an avowedly left-wing media effort that is so desperate to prop up and defend local government that it will…well, read on.
The Fullerton Observer and its obtuse editor, Sharon Kennedy, have now resorted to republishing pieces written by the pro-cop union shill “Behind the Badge.” The taxpayers pick up the tab for that lame propaganda.
In it’s latest journalistic effort, we see on page 12 a “story” scribbled by the utterly servile Lou Ponsi. There is no explanation as to where this tidbit comes from. Is Ponsi now an “Observer?” But a simple hunch led me to Ponsi’s new source of income. Sure enough. Kennedy has just passed along a reprint from “Back the Badge.”
The sole purpose of Behind the Badge is to make Fullerton’s cop apparatus look good, no matter what, by running feel-good stories. And Sharon Kennedy’s mission is making Fullerton’s government look good, no matter what. I guess it makes sense in a perverted kind of way.
At least we don’t have to pay for the Fullerton Observer.
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.
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.
The Orange County District Attorney, Mr. Tony Rackauckas, has a pretty miserable record holding public officials and cops accountable for their misbehavin.’ It took a dead man and a killing caught on video to get him to prosecute FPD cops Manny Ramos and Jay Cicinelli for the beat-down they instigated and laid on Kelly Thomas. Even that prosecution was touch and go.
And for years we have been seeing T-Rack investigatory work product that was just an obvious nothing.
Now we have the interesting case of Joe Felz’s Wild Ride, in which the Fullerton cops apprehended the former City Manager after he jumped a Greenwood Avenue curb, ran over a tree and tried to drive away. The police on the scene administered no breathalyzer test even though they smelled alcohol about Felz’s person. Instead of a ride to HQ, the cops gave Felz a ride home, with no questions asked. The city sent the case to the DA to examine – something – nobody knows what for.
It turns out that the council of this fine city blatantly and willfully violated California’s open meeting law known as the Brown Act. The Mayor forwarded the matter to the DA. The result? A cunningly brilliant amalgamation of apparent action and no action at all. Even though the DA chastised the council for violating the “spirit and intent” of the law, he claimed that there was no way to prosecute because…he is not a mind-reader! Rather, he presented to them a list of findings and concerns, dos and don’ts that would, presumably, help them in their future endeavors to obey the law. Meantime, councilmembers denied all wrong doing, and there the matter ended, with law enforcement providing an expensive yet feeble shadow-show, and with the offenders keeping their eyes closed as the pantomime played out.
I think the odds of a replay of this farce in the Felz matter are extraordinarily high. The DA has lots of wiggle room. He can’t charge Felz with anything because nobody collected evidence. The cops that let him go were just following orders. The upper echelon who gave the orders – the egregious Andrew Goodrich and outgoing chief Dan Hughes – were merely exercising their professional prerogative to ignore their own policies and procedures whenever they feel like it. At worst, perhaps a gentle hand slap to persons unnamed, case closed and no need for the “internal review.”