FPD Alerts Public On Sex Offender

Well, here’s the information provided by Andrew Goodrich & Co. about some dude who needs to register as a sex offender for the rest of his life.

Antoine Dennell

Everybody’s supposed to be scared. At least this loser did his time.

Too bad Pat KcKinley’s boys never bothered to alert the women of Fullerton that a serial molester of women, Albert Rincon was prowling the streets of Fullerton  preying upon precisely those women McKinley would characterize as not credible. See, Rincon was one of Fullerton’e Finest. Really.

And he was actually put back on the streets after a little sensitivity training.

AWOL Sellers AWOL Some More

Here’s a news bit from our pal Lou Ponsi about Sort-of-Former Police Chief Sellers requesting another 30 day add-on to his medical leave – the one that started the night angry residents bombarded him with abuse for his dereliction in the Kelly Thomas killing.

It makes you wonder what the Three Dithering Diplosaurs think, given the fact that they’ve been taking (well-deserved) abuse in the months following Seller’s two hour ordeal and hasty retreat.

Anyway, it just goes to show how coddled out supposed “heroes” truly are. Here’s an assclown making over $200K a year, more than the Secreatry of Defense, and he wilts like an old lettuce leaf under a little pressure. And of course the taxpayers are stuck paying this zombie almost twenty grand a month to sit on the beach. Great system, huh?

A Year Without DUI Checkpoints

Last year this blog exposed the DUI/drivers license checkpoint con that was being operated by the Fullerton PD, here. The checkpoints allowed the PD to stop and interrogate hundreds of innocent drivers while boosting their own overtime pay, sucking up impound fees and filling the pockets of their friends at the impound yard, all under the false pretense of catching drunk drivers (a task handled much more efficiently and constitutionally by DUI patrols.)

A year ago the final checkpoint event was quietly cancelled and we haven’t heard a peep since, lending credence to our assertion that the checkpoints have always been ineffective and wasteful…so much so that nobody’s even noticed now that they’re gone.

Well, there’s one group who probably noticed: those two-dozen cops who are now missing out on the easy overtime pay. Standing around, drinking coffee and causing traffic jams just doesn’t pay like it used to.

The Recall Campaign’s First Victory; When You’re Right, You’re Right.

And I was right. But enough about me. Last night the Three Gasping Gastropods chose Sharon Quirk-Silva to be Fullerton’s mayor in 2012.

In meeting that can only be characterized as bizarre, the repuglicans did the heretofore unthinkable: make a Democrat mayor in her re-election year. The visceral pain that must have caused anti-recall handler “Dick” Ackerman” is a wonderful bonus gift of the Recall. See, Tricky Dick is courting what’s left of the old liberal rear guard and the Recall gave him no choice but to promote Q-S. Ha! Suck on that, Dicky Boy.

Smiling on the outside...

First came public comments, Part 1, with the usuall brow-beating of the Three Triceratops, plus a special guest stars, Pam Keller. The goofy grin and air-headed air of self-importance reminded me of just how grateful we should all be that she bid the council adios.

Ah said, that there was sum bad chicken...

Then some business items which o’ Doc Heehaw blew through so fast you would have thought he was either double parked or was anticipating an urgent case of diarrhea. Then the elections of mayor, and mayor pro tem. I wonder what Ed Royce thinks about this since any elevation in stature for Q-S means the greater likelihood for an eventual Congressional challenger for him.

As anticipated the Trio of Broken Bivalves elected the youngest, and sprightliest of their gang, Pat McPension, to be back-up mayor. The fact that McKinley believes it’s not dangerous for cops to fondle women in the backseats of their patrol car seems not to have been a deterrent to his promotion. Bruce Whitaker was nominated by Q-S, to her credit. The vote was 3-2.

Lookin' out for the ladies, oh yeah!

And then the sublime. Public comments were re-opened. The reading of Marisa Gerber’s article on the sad state of affairs in the Fullerton Police Deapartment followed; a litany of law-breaking and head breaking that sums up what the department became under Jones, Bankhead and McKinley’s over-long tenures. It’s now on the public record and McKinley can no longer hide from the truth: under his command, or lack of same, the police department sank into an undeniable Culture of Corruption.

 

A Peaceful Family Town

Oooh, they's bad, bad men!

The anti-recall chuckleheads are trying to scare their few dozen elderly supporters with the notion that the Recall is some sort of scary thing that will upset the applecart in good, ol’ Stepford.

It's peaceful I tell ya!

The shameful fact is that Don Bankhead and Dick Jones turned downtown Fullerton into a boozy free-for-all with fights, rapes, and killings; and Pat McKinley sent in his goon squad of misfits, thugs, perjurers and killers to keep order in Jones’ “New West.”

Oh, no, not again!

Here’s the latest black-eye for Fullerton, a cabbie stabbed twice at Amerige and Harbor.

When are the folks of Fullerton going to wake up to the mayhem wreaked on their  peaceful family town by Mssrs. Bankhead, Jones and McKinley?

Real soon, I reckon.

 

Howard Jarvis Will Challenge Fullerton’s Illegal Water Tax

It looks like our city may be in for another lawsuit. Check out this letter that was sent from the Howard Jarvis Taxpayers Association just before Turkey Day (emphasis mine):

Mr. Joe Felz, City Manager
City of Fullerton
303 W Commonwealth Avenue
Fullerton,CA 92832

Re:  Water Department “In Lieu Fees”

Jack Dean, a friend of the Howard Jarvis Taxpayers Association, has brought to our attention that the City of Fullerton pads the rates charged to water customers in order to transfer funds from the Water Fund to the General Fund.  These transfers appear in the City’s Budget under Water Fund expenses and General Fund revenue as a 10% in-lieu franchise fee.  We believe the fee and revenue transfers are illegal.

If a private company provided water service to the residents of Fullerton, the City could charge the private company a negotiated franchise fee for occupying public rights of way with its pipelines.  That is not the case in Fullerton, however, as the City operates its own municipal water utility.  The rates the City may charge are governed by the California Constitution, which limits rates to just the amount required to provide service, and prohibits transferring rate revenue for use elsewhere.

California Constitution article XIII D § 6(b) states in relevant part: “(1) Revenues derived from the fee or charge shall not exceed the funds required to provide the property related service. (2) Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed.”

We successfully litigated this issue several years ago in lawsuits against the cities of Roseville and Fresno.  The courts in those two cases ruled that a city’s utility enterprise can reimburse the General Fund for actual, documented expenditures incurred on behalf of the utility, such as the utility’s use of the City Attorney’s services, or the utility’s share of a common insurance fund.  However, the utility cannot serve as a supplemental source of revenue for the General Fund.  As the court in the Roseville case said:

“[T]he in-lieu fee violates section 6(b) of Proposition 218 in a more direct way. Roseville concedes that ‘[r]evenue from the in [-]lieu franchise fee is placed in [Roseville’s] general fund to pay for general governmental services. It has not been pledged, formally or informally[,] for any specific purpose.’ This concession runs afoul of section 6(b)(2) that ‘[r]evenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed.’ It also contravenes section 6(b)(5) that ‘[n]o fee or charge may be imposed for general governmental services.’”Howard Jarvis Taxpayers Assn. v. City of Roseville (2002) 97 Cal.App.4th 637, 650.

By this letter we are formally requesting the City of Fullerton to stop charging the 10% in-lieu franchise fee, and to adjust its customers’ water rates accordingly.

If the City believes its 10% in-lieu franchise fee is legally defensible, then please consider this letter a request under the California Public Records Act for copies of the study(s) and/or accounting(s) that itemize General Fund costs on behalf of the Water Fund totaling exactly 10% each year.

Your response by December 10, 2011, would be appreciated.

Sincerely,

Timothy A. Bittle
Director of Legal Affairs

The tax became a big issue back in July, when a guy named Jack Dean from the Fullerton Association of Concerned Taxpayers pointed out the illegality of this water tax to the council (during an attempt to double water rates.)

Well, it’s been four months now, and Fullerton residents are STILL PAYING that illegal tax on every water bill.

Of course Bankhead, Jones and McKinley are waiting for the city attorney to find a way to squeeze that tax through a legal loophole, instead of rescinding it and refunding the money they’ve been helping the city steal from taxpayers since Prop 218 passed fifteen years ago.

How about a refund?

SHAME. SHAME. SHAME.

The City's eyes were badly "bloused." Again.

The OC Weekly’s Marisa Gerber has just written a detailed and painful catalog of offenses perpetrated by the Fullerton Police Department over a period of many years. It’s on the cover of this week’s edition.

No reasonable person can read this litany of arrogant terror and error, without concluding that the FPD sank deep into a Culture of Corruption under former chief and current councilmember, Pat McKinley; and that McKinley’s diseased poultry is still coming home to roost – two and a half years after his retirement.

But, as they say, where there is a will, there is way, and the anti-recall clowns will never acknowledge any of this scandal. They have far too much at stake – financially and emotionally.

Well, they can bury their heads in the sands, but the denial isn’t going to help. Their “esteemed” councilmen have dozed away, and looked the other way when all this was happening. It seems they thought their job was to attend ribbon cuttings, enjoy free drinks at Chamber of Commerce mixers, and give away millions of dollars worth of property to their campaign contributors.

And having everyone kiss your pale, withered butt means never having to say you’re sorry.

For Bankhead, Jones, and now McKinley, there has never been a thin dime’s worth of accountability.

Until now. And that’s the Recall!

 

 

Another Redevelopment Fiasco That Refuses to Die

Friends of Fullerton’s future have read many pages on this site dedicated to cataloguing the manifest failures of Redevelopment and all the attendant boondoggles it brings with it. Blind support for these disasters is one of the reasons The Three Blind Brontosauruses are being recalled. One of the biggest disasters-in-the-making is the lamentable “Amerige Court” project, another gigantic monster to be plopped down into Fullerton, and a totally staff-created and driven mess.

Naturally Bankhead and Jones have supported this gross example of corporate welfare that we end up paying for. McKinley is bound to go along for the ride.   When he does we’ll be sure to let you know about it. Here is an update.

By Judith Kaluzny as published in The Fullerton Observer

The Amerige Court proposal is not dead yet.   The council will vote December 5, 2011, whether to extend a Disposition and Development Agreement (DDA) first approved February 7, 2006,  the third amended version having been approved by council March 4, 2008.

Since then, two extensions requested by developer Pelican Laing /Fullerton LLC (a Delaware corporation) were granted by staff June 2010 by Rob Zur Schmiede, executive director of the Redevelopment Agency (RDA), and April 1, 2011, by Joeseph Felz, acting executive director.

Meantime, the Laing portion of the Pelican-Laing developers, had been purchased in June 2006 by a company in the mideast country of Dubai, and Laing subsequently filed for bankruptcy in February 2009.

“Amerige Court,” described as “mixed-use development with up to 124 residential units and as much as 30,000 square feet of commercial area” was to be located on the north and south parking lots in the 100 block of West Amerige.  At one time, the project was to be nine stories high on the south side of Amerige, with a five story parking structure on the north side of the street.

A Draft Environmental Impact Report was prepared in 2008 and concluded that there were “no potentially significant impacts that cannot be mitigated.”

Richard Hamm of Pelican Properties said recently, “It has been impossible to make any progress with the project since the State has attempted to end redevelopment.  Of course, the economy has not helped.

“We have four companies waiting in the wings to join us in Amerige Court. We want to get the extension to the DDA as well as a few details worked out with Redevelopment before going forward with a new partner. Amerige Court is still a great opportunity. Downtown Fullerton is still a great place (despite the recent events).

Points in the original contract included:

-Giving $5.5 million from a $6 million bond issue to Pelican Properties to build the parking garage.  The bonds were to  be paid back by the residents and businesses in the new development.  That will cause the businesses to cost $1.93 per square foot more than any other retail space downtown according to the city’s consultant, Keyser Marsten Associates, which advised the city to do “more due diligence” before they entered into this contract.

-The land Pelican will be given the by the  city was not appraised, but agreed as being worth $8 to $8.5 million.

-A guarantee of 10% profit to Pelican on the project.  Pelican can submit a new budget before escrow closes.  If that does not show they will get a 10% profit, they can withdraw from the project.  However, at that point, the redevelopment agency can volunteer to pay the required profit to Pelican.  The Executive Director of the Redevelopment Agency can do this without further input from the city council/redevelopment agency.

-Tearing down the historic properties on the southeast corner of Malden and Amerige Avenues.

[The DDA and amendments are a maze of turgid language:  The Third Amendment provides for a “future amendment,” but if  “a Future Amendment is not approved by Developer and the Agency Board (city council) by April 5, 2009, or such later date as may be approved by the parties in the sole and absolute discretion of each of them, either party shall have the right to terminate the DDA… .”

[The third amended DDA also includes the following language: “However, the Entitlements have not been approved as Agency has not approved the Project or any other project for the Property.  The parties acknowledge that this Third Amendment does not constitute the third amendment that was contemplated under the Second Amendment.”]

Begun in 2001 with a “rendering” commissioned by Paul Dudley, then Director of Development, and shown to city council members in closed session, it has been said that this was a scheme to get more parking for the bars/restaurants downtown.  (In December 2002, restaurants downtown were exempted from having to provide parking or to obtain conditional use permits.)

FFFF has argued for years that this grossly subsidized monstrosity should be killed outright. As I noted, above, the extension of this agreement will become another issue in the upcoming recall campaign: a perfect example of corporate welfare of the type that has characterized massive subsidized apartment blocks in downtown Fullerton already approved by Bankhead and Jones over the years.

Cicinelli LAPD Pension Safe; Too Bad Fullerton Wasn’t Safe From Cicinelli

The guy who pounded Kelly Thomas’ face to bloody jelly (right after he got done torturing him with multiple Taser shocks) won’t lose his disability pension from the LAPD. In fact, the board that oversees such things won’t even review the case. Marisa Gerber relates the story in the OC Weekly, here.

What case is that? It stems from Cicinelli’s getting all shot to hell a few weeks out of the chute back in the mid-90’s. Among other injuries, one of his eyes was shot out. At the time, the pension board granted him a lifetime disability, but of course that decision didn’t contemplate Cicinelli going back to work as a one-eyed cop, which he did in Fullerton a little while later. And apparently nobody from Fullerton bothered to inform anybody in LA of Cicinelli’s new employment status.

So Cicinelli was making $40K a year from LAPD and made about $90K from Fullerton on that hot, sultry night of July 5th, 2011. Equitable? You decide.

Speaking of getting two pensions, I now roll around to the main point of this post. Which is Pat McKinley, the double barreled pension grabber who, as chief of the Fullerton Police Department hired Cicinelli and deployed the one-eyed cop on the streets of Fullerton. It was a favor for an old LAPD crony. In so doing, he placed Cicinelli, the public, and the taxpaying citizenry at dire risk.

He also hired the rest of the FPD gallery of rogues that has made the news lately: the druggies, pickpockets, perjurers, thugs, sex offenders and killers.

McKinley still insists he is proud of all these people (except for “the two!”) and has nothing to apologize for.

See, in Pat’s weird world mistakes are never admitted, responsibility for failure is never taken, and of course, accountability is utterly absent. McKinley won’t acknowledge what everybody else already knows: during his tenure as the head of the Fullerton Police Department his leadership failure created an obvious Culture of Corruption that culminated with the death of Kelly Thomas and the subsequent attempt to hush it up.

Well, I guess since McKinley won’t man up to his own failures, we’re going to have to do it for him