While We Were Away: the Train Kept On Rolling

Enjoy the one way trip to insolvency

The last substantive article to run on FFFF site before its almost four year hiatus was this little gem about the “College Connector Study”, a $300,000 study designed to convince the Fullerton City Council that a streetcar system in costing (in their estimate) $140 million was exactly what the City of Fullerton needed. Why? Well, because building the streetcar would encourage high density development all along the rail line, turning Fullerton from a two story bedroom community into a six story high density, high traffic eyesore.

And, just to be clear, that was the argument in favor of wasting $140+ million on the streetcar.

What, you thought I was kidding?

Based on that report, three members of the Fullerton City Council (Chaffee, Fitzgerald and Flory) voted to make a streetcar part of the City’s transportation plan.

For the next three years, progress on the streetcar has stalled, and a competing proposal in Anaheim (this one estimated at $325 million) was shot down by the City Council after a coalition of good government activists ousted the Chamber backed majority from power. Unfortunately (to borrow the tagline for the Friday the 13th Part VI poster), nothing this evil ever dies, and the Fullerton Trolley is back. And like all bad horror sequels, it’s even bigger and more elaborate than before, while making even less sense.

I present to you, the Orange County Centerline:

Look on my Works, ye Mighty, and despair! Nothing beside remains. Round the decay. Of that colossal Wreck, boundless and bare.

The Centerline (something which has been in various stages of development at OCTA for over a decade) incorporates the Fullerton plan, along with a proposed streetcar line through Santa Ana, and several other lines. The plan is to run the line all the way through Harbor Boulevard all the way up to the transportation center. This would probably explain why that streetcar has been popping up on the artist conception for the Fox Block (image above).

OCTA recently provided a presentation to the Fullerton City Council at Tuesday’s meeting, which can be found here . No mention of which government entity will pay for the project, but even if the OCTA picks up the entire tab, we will at a minimum be on the hook for the maintenance cost , just as Anaheim is with the ARTIC Wasteland. Anaheim taxpayers have been forced to dip into the general fund for every year of ARTIC’s operation, as the revenue generated ($1.6 million) is nowhere near enough to pay the operation ($3.9 million). But hey – the City of Anaheim was given a fancy trophy for agreeing to shoulder these expenses, so the tradeoff was totally worth it, in some people’s eyes.

The trophy is huge, gaudy, expensive, tacky, unnecessary and completely impractical. It’s the perfect metaphor.

The Streetcar/ trolley concept is an absolutely terrible idea for too many reasons to count. The cost is astronomical , the benefit miniscule, it will render the streets it is located on un-drivable (seriously, just picture trying to make it through Downtown Fullerton with that thing blocking traffic). Oh, and it will also further undermine bus service in the county, because the cost of running a streetcar line is substantially higher than rapid bus service.

So to sum up, the OCTA wants to take Orange County into the twenty first century by spending hundreds of millions of dollars developing a nineteenth century technology designed to service people who don’t need it, at the expense of the bus riders who do. Sadly, this is about par for the course for state and county government, minus the exceptionally high price tag. Lets give the Center Line project – and every other streetcar project proposed in Orange County – the quick, merciful death it deserves.

One of the Worst Decisions

Your Fullerton City Council majority — consisting of Fitzgerald, Chaffee, and Silva — made one of the worst decisions in recent memory last night.

Desperate to protect their pensions, and to keep pension contributions at a minimum, the Fullerton Police Officer’s Association (FPOA) approached the City about extending their contract.  They voted yes.

CalPERS pension costs are skyrocketing as a result of poor investment returns, and far too optimistic rates of return.  To “correct” this problem, CalPERS is demanding the City of Fullerton pay more in the years ahead.  The table shows pension costs for FPOA members which consist of Police Officers, Police Corporals, Police Sergeants, and a small handful of non-sworn civilian employees, such as Police Dispatchers.

The table above uses the current fiscal year as a baseline (on the bottom row) to get a feel for the pain ahead.  Beyond the current fiscal year, the projected pension costs for FPOA employees will cost Fullerton residents — at the very least — an additional $12.3 million through June 2022.

That’s $12.3 million of new money the City of Fullerton doesn’t presently have.

The timeline of the FPOA contract status is illustrated above with the agreed to “concessions” which are disingenuous at best.  As noted, the contract extension runs to 2021 at the earliest, and possibly 2022 if FPOA decides to exercise that option.

You might be thinking to yourself, wait a minute, if their current contract expires June 30, 2019, why not negotiate a new contract at that time to get a better handle on the escalating pension costs?  That’s precisely the problem.  Instead of acting in good faith for Fullerton residents, council members Fitzgerald, Chaffee, and Silva rolled over to satisfy the public safety unions that paid big money to help them get elected.

The worst part about the FPOA contract, and the extension handed out last night, is the City cannot reopen negotiations to combat rising pension costs.  The promises are now etched in stone through 2021 or 2022 regardless of what CalPERS does.

All very troubling, not just for basic principles, but because the California Supreme Court is expected to rule in 2018 on the so-called “California Rule” which prevents government agencies from reducing already promised pension benefits.  The court’s decision will carry significant implications either way.  If they overturn or modify the “California Rule,” Fullerton could have sought to renegotiate FPOA pension benefits upon the expiration of the contract in June 2019 and saved Fullerton residents millions of dollars.  Conversely, if the “California Rule” is upheld, CalPERS will likely respond by further lowering the discount rate (assumed rate of return).  A lower discount rate will cost the City of Fullerton tens of millions more in the coming years.

At last night’s meeting, the introduction of a new financial forecasting tool was presented earlier in the night, before the FPOA extension came up for a vote.  The gentleman making the presentation noted that his model predicts a U.S. recession in the year 2020 — right in the middle of the FPOA extension.  I was at the meeting and brought this up when it came time for the FPOA vote.  I also pointed out that Fullerton’s brand new City Treasurer, who started on January 8th — just eight days prior — should be given a chance to review the FPOA proposal and offer his thoughts to the City Council.  After all, the existing FPOA contract didn’t expire for another 18 months, so what’s the rush?

Council member Sebourn registered his opposition to the FPOA proposal, and then, without another council member saying a word, it passed with a 3-2 vote, Sebourn and Whitaker voting no.

Last night’s recklessness puts us a couple steps closer to municipal bankruptcy.  When the Library is forced to cut hours or close completely, when Parks and Recreation has to shutter the community center, when Public Works has to stop paving streets and repairing broken water mains, you now know exactly which three council members to thank.  It was failure on full display.  As usual.

A Trip Up and Down Memory Lane…AKA The Pine Wood Stairs.

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

Back in May, FFFF documented the lamentable construction disaster of the Pinewood Stairs, a $1.6 million boondoggle created by City staff, whose construction defects were so bad and so plentiful that a reasonable person might even inquire about how we could get our money back. In fact, City Councilman Sebourn mumbled something about getting our money back, then said he was just kidding. Bruce Whitaker said nothing at all. On Facebook City Hall bureaucracy advocate Gretchen Cox cooked up a story about some alleged City “report” that exonerated all concerned.

Nine months have passed and I thought it might be interesting to revisit the site of the fiasco and share a visual tour to take another look.

Here’s a typical example of a project with nobody in charge and nobody who knows what they’re doing.

The caisson footings with the wood posts are almost all cracked; some of the posts aren’t even vertical. Some of the caissons are out of plumb, too.

Aspects of the construction reveal building that was cobbled together to make the contraption fit together.

 

Now, as then, the wooden rails are extremely rough and splintiferous.

Rough cut

The lack of quality workmanship, structural and cosmetic remains in evidence. And those fraying cable ends? Why, they’ve been taped! Of course the tape is falling off.

Simple things – like removing the cardboard tube form from the caissons seem to have eluded the City’s crack inspection team. Crack. Get it?

Basic design oversight problems were jerryrigged and never addressed properly at all.

Weird features that are nothing but potential for risk management headaches and taxpayer payouts are still much in evidence – like this trip hazard. Shrug, indeed.

Loose cables. Down the hill goes the toddler.

As usual, maintenance of  public property remains a challenge for the City. Loose ends are not their specialty.

How hard is it to keep a tree alive? Don’t bother asking. You won’t get an answer.

The effects of the inevitable pedestrian shortcuts betray both design and maintenance failure. It looked better on paper.

We have been assured by people who don’t know what they are talking about that everything was just grand about this grand failure; but, the evidence did and still does point to the exact opposite: a project that suffered from fundamental design shortcomings, incompetent and careless construction, a construction manager whose only function seems to have been to cash our check, and inspectors who were (and probably still are) a disgrace to their profession.

As you can see driving up Harbor, the City is now building its splendid new entry to the park – including a bridge – costing millions and accomplishing nothing but wasting park construction resources. Apart from the obvious uselessness of the project I have to wonder if it will suffer from the same dereliction that informs the so-called “Pinewood Stairs.” Nothing leads me to hope for the contrary.

City of Fullerton, OC Animal Care preparing to Euthanize Your Wallet

Still have any money left over after the state gas tax increases (thanks, Josh Newman), the likely loss of SALT deductions in Congress (thanks, Ed Royce), plus all the state, local and national income, property and sales taxes, licenses, and fees we already pay? Well, too bad, because OC Animal Care and the City of Fullerton are cooking up a new scheme to take even more of your money. And it all comes down to the first law of holes, government style: when you find yourself in a hole, keep digging and hope nobody notices.

On Tuesday, December 19, 2017, the City Council will again be voting on substantial fee increases, this time for the services provided by OC Animal Care. If passed, the licensing cost for a neutered dog will be $51 per year, and the per day impound fee for any lost dog or cat will be increased to $136, plus an initial $205 impound fee on top of the daily fee, and so on; the full list is available here.

According to OC Animal Care, the fee increases are necessary because their current operating budget is only enough to pay for half of the services they provide (with the other half coming out of the participating cities’ general fund).

This shortfall is blamed on the recent decisions in Garden Grove, Stanton, Laguna Hills and Rancho Santa Margarita to contract with alternate animal care facilities. However, the problem is not that these cities left OC Animal Care, but that OC Animal Care’s services are already so expensive that it was in their financial best interest to leave the program in the first place. For example, the City of Garden Grove contracted with Orange County Humane Society in Huntington Beach after their annual payments to OC Animal Care increased from $729,000 to $1.3 million in just four years, and the City believes they will save over $8 million over the next ten years thanks to the switch.

So why hasn’t Fullerton joined these other cities? An opportunity did exist to opt out back in May 17, 2016, when OC Animal Care needed its members to commit to participate in the construction of a new shelter on the Tustin Air Base property.

However, the City Council squandered the opportunity in a 4-1 vote, placing the city on the hook for its share of the construction costs for the new facility without even placing an RFP out to private animal care providers. Even if we were to back out now, we might be on the hook for the cost of construction of this shelter. Oh, and Fullerton currently has an evergreen contract with OC Animal Care because, of course we do, so any effort to extricate ourselves from this failed government program will be complicated to say the least.

Keep the Evergreen Contract or the dog gets it!

But enough is enough. It is time to stop excusing poorly run government programs and to start demanding that we get our money’s worth.

LA County Firefighters Back 5th District Resident For 4th District Supervisor

Good union luvin’ for Coto Joe

Sounds about right. A “public safety” union is endorsing union boss and massive pension receiver, Coto Joe Kerr for Orange County Supervisor.

What’s really funny is that the union isn’t even from Orange County. It’s actually from Los Angeles County and is hired by the City of La Habra to run around town making paramedic calls and  firehouse chili. So I guess it’s appropriate that the out-of-town union is endorsing a candidate who is out-of-town, too.

Who knew “firefighting” paid so well? Well, almost everybody…

As we have amply documented, Joe Kerr lives in a million dollar McMansion in Coto de Caza, a long, long way from our 4th District. In fact it’s just about as far as you can get and still be in The OC. But Joe has concocted a “residence” in Brea and has sworn on his voter registration that that’s where he lives.

Well, I ain’t a-swallerin’ that.

The Waiver

Gravity asserts itself…

Recently FFFF has been chronicling the goings on at the Fullerton Airport, specifically a lawsuit by a former tenant, AirCombat USA,  and the non-aviation commercial use by another tenant, Hangar 21, who is desirous of expanding its party venue. The two issues are only conjoined only because Hangar 21 was recommended by staff to move into the space that CombatUSA was kicked out of.

With enough fuel the party will get off the ground. An aviation use.

On Tuesday, December 5th, the City Council reviewed and approved the selection of Hangar 21 to occupy the space and signaled its intention to change the Zoning Code to legalize what is obviously not permitted under current zoning regulations.

The issue of Federal Aviation Administration approval of hospitality use was raised by Councilman Greg Sebourn. Fullerton Airport Manager Brendan O’Reilly, in a convoluted statement, finally got around to claiming that he had received a “waiver” from the FAA for using the airport for parties. He didn’t produce this document. Maybe we can help.

We know that back in 2014, O’Reilly communicated with the local branch of the FAA seeking advice on establishment of a non-aeronautical use in a hangar at our airport. Who this proposed lessee was we don’t know because we don’t have the attachments described in the written response from an LA FAA dude,  David Cushing. It may have been the establishment of a party venue known as Hangar 21 Venue.

Here’s what the FAA had to say:

Well, I don’t know about you, but I can read English pretty darn well. Once you strip away the cross-bureaucracy congratulations and the double-talk, the message is crystal clear: raise money to support the airport, but continue to keep non-aeronautical uses out of aeronautical areas. I don’t  know which part of an airport is non-aeronautical, but an airplane hangar ain’t it.

Is O’Reilly’s FAA waiver in reality the Cushing letter of October 2014? I can’t be sure, but that’s what the City provided when asked for documentation of FAA approval. If it is we may be heading for turbulence up ahead.

 

 

FPD Internal Investigation Statistics

We aren’t very nice, but we sure are expensive…

Hey, since 2012, we’ve fired 11 cops for cause. That’s about 8% of the average number of uniformed cops in Fullerton in any given year. Who they are and how badly they had to behave to get fired as Fullerton cops is a mystery. But based on past behavior FFFF has documented, it must have been pretty damn bad.

12 were suspended for one reason or another. It is not our privilege to who or why.

166 were “reprimanded,” whatever the hell that means. But it amounts to more than the entire sworn employees in any given year. Obviously many of our fine officers received multiple reprimands. Are they still out there peering through our windows at night? Who knows?

Here’s the site where you can peruse the data, such as it is.

And here’s a snapshot:

 

 

 

While statistics for the other categories actually seemed to get better as Danny “Gallahad” Hughes ended his dubious chiefhood the health of prisoners in the Fullerton jail took a major turn for the worse. This statistic is troubling given reports about behavior in the jail, perhaps the most egregious being that of Vince Mater who was too stupid not to get caught destroying evidence after the “suicide” of Dean Gochenour. It’s charming how jail injuries are written off as possible scraped knees. But of course what really happened to these unfortunates is shrouded in mystery.

Of course these are the published statistic and may bear no relationship whatever with actual events. How many cops were permitted to “retire” rather than face the music is something we shall never know, and will never appear in these tables. How many “Citizen Complaints” disappeared down the proverbial rabbit hole never to be heard of again must remain a mater of speculation; speculation about which is a perfectly justifiable pastime so long as the cops shroud their activities in a veil of secrecy.

Trouble at the Airport?

Gravity asserts itself…

Perhaps. Big trouble. The City is being sued by a former tenant – Air Combat USA – whose owner is claiming the Airport Director conspired to keep him from renewing his lease option for another thirty years, and thus depriving him of the revenue and profit therefrom.

Here’s the complaint:

Air Combat USA vs City of Fullerton Complaint

$50,000,000 is a lot of dough, so we’ll have to watch this one. Is there any validity to the complaint? I don’t know. A lot of facts are asserted that may be very hard for the plaintiff to prove even if they are true. Some of the allegations have the ring of truth.

Unfortunately for the taxpayers, Fullerton city employees have a pretty poor track record when it come to mismanaging facilities and interfering with people they don’t care for via restraint of trade practices. And just because Redevelopment is sort of gone doesn’t mean the bureaucratic lust to play Monopoly is gone with it.

Getting prepared for takeoff…

Meantime, other airport lessees have been heard complaining about a tenant called Hangar 21 that is operating a big party space out of a hangar – a non-aviation use that may not be kosher for a general aviation airport, and that might therefore have Federal funding implications for the City.

Fish This: Burning the Budget

Some things in life are perfectly predicable.  Things like physics and math.  They’re not really that difficult to understand, but some people in our society are a little slower than others.

For example, next week there will be idiots who put a frozen turkey into a vat of hot liquid fat because #Merica.  Despite many public service announcements to the contrary, stupidity will have its unavoidable and predicable consequences.

Tonight Fullertonians will miss out on the discussion taking place behind closed doors at City Hall concerning the state of the city’s budget.  Voters won’t get to hear about the new contract negotiations designed to help the massive multi-million dollar structural deficit, the $100,000,000 in deferred infrastructure maintenance, or the equally massive unfunded pension debt.  Instead, we’ll get a null report from The Other Dick Jones ™, and the facade of all being well will continue into this year’s planned First Night festivities.

Like so many idiots with a tank of propane, recent City Councils had fair warning of the current financial crisis.  The math just isn’t that hard to understand.  Every year, every single year, since each of their elections, Fullerton has spent more from the general fund than it has taken in.  Tens of millions of dollars in reserves have evaporated.  *POOF* gone, without a trace.

At the current rate, Fullerton may be bankrupt in two years.

This Thanksgiving, while you’re enjoying your non-idiot prepared bird, I want you to remember tonight’s secret city council meeting.  I also want you to remember a meeting held just last year.

Just last year, the council authorized the largest pay raises for staff in a decade.

“The budget is balanced!” — Jennifer Fitzgerald

“Fullerton is in excellent financial shape!’ — Jan Flory

Well, the math simply doesn’t lie.  The budget was not balanced and the city was not in excellent financial shape.  Jen and Jan dunked their frozen bird and lambasted all the chronic malcontents who protested their fine stewardship.

*POOF*

Like that, Joe Felz hit a tree, and their financial bird exploded, the raging predictable disaster apparent for all to see.

Tonight the Fullerton City Council will likely authorize reducing pay and benefits for city employees, just in time for the holidays.  When this is over, some employees will have their salaries reduced or their hours cut.  Others will simply lose their jobs.  Many of those individuals are good people who do good work. This isn’t their fault, but it will be their house that gets burned down and it will be their life that gets ruined.

Now Jen and Jan, two of those responsible for dunking this turkey?  Don’t worry.  They’ll be fine.  Jen just gave herself a $9000 raise and Jan retired.

Seems just, don’t you think?

Where’s Dino? Part 2

https://youtu.be/a9KyMyo-fcA

A few weeks ago FFFF ran a post on the status on Dino Skokos, the FJC security goon and “disabled” former LA Deputy Sheriff who beat up and handcuffed a kid on campus in October, 2016. Right after the video of the event went viral, the district snapped into defense mode, placing Skokos on administrative leave and putting its lawyer to work on an in-house “investigation.” FJC President, Greg Schulz declared his dedication to reaching a conclusion of the incident.

The Schulz Factor: happy-looking but not credible…

The winter had passed; spring had come and gone. Summer was well along when in July, Schulz was directly confronted on the subject. In Schulz’s long and winding stream of nonsense a shiny pearl accidentally popped out of its oyster in the river bottom sludge: Skokos “was not going to be an employee of the district.

What that meant was anybody’s guess, and some, like me, were skeptical. Was Skokos still on leave? If so, why? Who knew?

So FFFF followed up on an earlier Public records Act request that had been ignored. When that was intentionally misunderstood we filed yet another one. And finally we finally got this:

According to this list, Skokos was on admin leave – meaning he was getting paid for doing nothing – until the end of September, two full months after Schulz said he was no longer going to be an employee of the district, and almost an entire year after he assaulted that kid.  And coincidentally (or not) that date corresponds exactly with the peculiar day projected earlier in the summer that Skokos was to come off administrative leave.

There was confusion on campus…

And here’s the last insult to public transparency on the part of Schulz & Co.: we have no idea whether Skokos is still employed by the district – whether at FJC, Cypress, district HQ, or at some other locale.

So how about it Greg? You promised a conclusion to this incident over a year ago. Did that promise include actually telling us about it?

In the likely event that no answer will be forthcoming from Schulz, you might try broaching the subject by our able and eager Trustee, Molly McClanahan, who has a long history of demanding accountability from her bureaucratic underlings.

Put on a happy face.

No, that’s not quite right, is it?