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August 9, 2011August 20, 2011The Crime Beat

Should Fullerton Have A Police Commission?

The most frustrating thing about the awful story of the death of Kelly Thomas and its aftermath is not knowing what goes on behind the closed doors of the Fullerton Police Department. Certainly a position of leadership comes with the obligation to take responsibility for what goes on within a department, but even if a Police Chief falls on his sword and resigns or is forced out of his job we really don’t know what is happening with the individual officers who comprise the police force. One of the most repeated statements heard from the many irate speakers at Tuesday night’s council meeting was that the police work for us, not the other way around.

Fullerton has commissions for parks and planning, and committees for transportation, infrastructure, the library, energy, community grants, investments, technology and even bicycles and the arboretum. One way or another, they oversee or at least review the activities of various city departments, namely Parks and Recreation, Engineering, the Library and Community Development. Why is there no commission to oversee the Police Department?

Other cities have them. A Fullerton Police Commission won’t prevent every mistake or outright crime committed by individual officers, but it could create appropriate policies and procedures, review individual cases, have access to all documents and recordings (like the notoriously unreleased tape of the beating of Mr. Thomas), advise the city council on matters of employment before the city council, and generally audit the effectiveness of the department.

If we are truly in charge of the Fullerton Police Department we should assert our authority and acknowledge our collective responsibility to oversee its policies and actions. It’s our department, let’s treat it that way.

March 30, 2011March 30, 2011Fullerton City Council

Some Numbers

by Travis Kiger68 Comments

It’s almost April. Our wise and courageous city council is already wading through wage negotiations with the city employee unions for the upcoming budget year. How did we get this far without adding up Fullerton’s total unfunded pension obligation? Oh well, here it goes…

Pension Plan	Total Liability	Market Value of Assets	Unfunded Liability
Fullerton Public Safety	$324,288,070	$197,444,920	$126,843,150
Fullerton Miscellaneous	$202,257,209	$136,167,010	$66,090,199

That’s a grand total of $192 million in what is essentially “pension debt” for which we have no foreseeable plan to pay, even when we include all of our future contributions and expected market gains.

The pension plans are already paying out $9 million more per year to retirees than they are taking in via contributions, so there’s no help there. But our required contributions are increasing significantly, starting this year.

With no perceivable way out of this hole, maybe it’s time to hit the road and put it all on black.

Las Vegas — I think I'm getting the fear.

All of these numbers came from the 2010 CalPERS reports for Fullerton’s Public Safety and Miscellaneous pension plans.

January 18, 2011Fullerton City Council

Pensions, Utility Taxes and The People of Fullerton

by Travis Kiger9 Comments

The following commentary was sent in by Fullerton’s own Barry Levinson.

——-

Since the November 2010 elections, I have read two articles on the Friends for Fullerton’s Future site that require further discussion. The first one stated that the rescinding of the utility tax increases of 1994 has saved the taxpayers approximately 150 million dollars since 1994 to the present time. Hats off to Council member Bruce Whitaker and all the people who helped make that rescission a reality. The fact that we were able to elect him to the council indicates that we are making some progress. But this is not a time to sit back and savor our victory locally as well as nationally.

We cannot afford any complacency since another even larger albatross is now facing the fine citizens of Fullerton, namely the unfunded liabilities for public pensions and retiree medical costs.

The second article deals with the reporting by CALPERS that the Fullerton police and fire pension obligations are now facing a 127 million dollar unfunded liability as of June 30, 2009. In other words, we the taxpayers of Fullerton are currently on the hook for this astronomical amount.

If you add the unfunded liability of the miscelleous employees as well as the City’s unfunded retiree health care benefits, it skyrockets up to and probably well over the 200 million dollar mark! Twice the amount saved from the utility tax rescission.

I suggest that the citizens of Fullerton have to be just as irate now as when we were facing the massive utility tax increase in 1994. The one common thread between these two instances is our city council. We must make it clear that we the people are watching very closely the actions taken by our council as they prepare to negotiate with all of the city’s unions! We must speak out loud and clear and demand that the council vote for significant cuts in these benefits coupled with significant employee contribution increases.

I suggest that all fellow readers of this blog attend the February 1st Council Meeting to speak to the council during its Open Agenda Segment to insist that major employee cost savings must be implemented across the board this year. We must demand no less and be ready to take further action if a majority of the council defies the people one more time.

July 14, 2010Fullerton 2010

Bruce Whitaker is Running for Fullerton City Council

by Travis Kiger26 Comments

Here’s some big news. Fullerton resident Bruce Whitaker just pulled papers to run for city council.

Given the current crop of candidates, it’s safe to say that Bruce is an early favorite. He’s likely to get the endorsements of both Supervisor Shawn Nelson and Assemblyman Chris Norby, along with the GOP endorsement.

Why? Because Whitaker has a long history as a successful tax fighter and a proponent of property rights and personal freedom.

And now on to the chronicles of Bruce Whitaker:

Bruce entered political activism in 1992 when he became incensed at the largest federal tax increase in U.S. history and the largest state tax increase in California’s history under Governor Pete Wilson. He became active in the city of Fullerton the following year when he led a successful effort to recall a majority of the City Council and repeal unnecessary utility taxes. That repeal has saved more than $150 million for Fullerton taxpayers to date.

After the Orange County bankruptcy, Bruce Whitaker debated against tax proponents and authored numerous guest editorials which helped defeat a bankruptcy sales tax in 1995, resulting in more than $2.2 billion in taxpayer savings.

Bruce founded the Fullerton Association of Concerned Taxpayers (FACT) in 1996, a group that successfully stopped the Gray Davis Administration from pushing an unconstitutional $12.7 billion bond offering. Later, FACT sued again to stop a $2 billion pension obligation bond which was also pushed without voter approval.

Bruce is currently the O.C. District Director for Assemblyman Chris Norby and serves as a member of the Fullerton Planning Commission.

June 14, 2010Fullerton City Council

On the Agenda – June 15th, 2010

by Christian7 Comments

With the Primary Election over and candidates licking their wounds we jump into Tuesday’s Council Meeting to see what STAFF has in store for our elected representatives. View the full agenda

In closed session there appears to be some labor negotiations going on. First is a discussion regarding Chris Meyer’s position which I hear will be vacated soon. Second, Fullerton Municipal Employees Federation (FMEF) is meeting with Council to determine what they will meet and discuss in the future regarding lay-offs. At least that is what the agenda says. Actually, it says, “Discuss meet-and-confer topics related to layoffs”. Amazing! A meeting to talk about a future meeting! That’s government bureaucracy and waste for you. Why can’t these be public? I don’t think they are talking about a specific person or maybe they are. Either way, I would like to see just how spineless the council can be when it comes to the public employee unions.

There is a plethora of presentations planned which will probably draw the usual hapless attempts at wit from our mayor and perhaps Texas colloquialism which won’t make sense to anyone but the person saying it.

(more…)

June 7, 2010June 7, 2010Shawn Nelson

Fullerton’s Pension Watchdog Endorses Shawn Nelson

by Travis Kiger1 Comment

The Fullerton Association of Concerned Taxpayers (FACT) just sent us the following endorsement of Shawn Nelson for County Supervisor in Orange County’s Fourth District:

“During his 8 years on the Fullerton City Council, Shawn has demonstrated that he is a true friend of the taxpayer,” said Jack Dean, president of FACT. “He’ll make an outstanding County Supervisor.”

Dean noted that FACT was especially impressed with Nelson’s willingness to blow the whistle on a secretive attempt to boost the pensions of Fullerton’s city employees by 25% in 2008.

“Had Shawn not let us know that such a deal was in the works, I doubt that we could have stopped it,” said Dean. “And in light of the subsequent economic meltdown and huge market losses experienced by CalPERS, Fullerton would be in much worse financial shape today.”

“We’re going to need him on the board of supervisors to help maintain the impressive momentum the county has been making on pension reform,” added Dean.

FACT has a special interest in the public pension issue. In 2005, the group successfully blocked an attempt by the Schwarzenegger administration to issue nearly $2 billion in bonds to make the state’s pension payments. The state appealed, and in 2007, FACT won an appellate court ruling that enforced the California Constitution’s ban on unapproved state debt. Article XVI, Section 1 of the California Constitution requires voter approval for long-term state debt exceeding $300,000; FACT won a decision from the Third District Court of Appeal that issuance of a pension bond should not be allowed because it had not been submitted to the electorate. FACT was represented in both cases by the Pacific Legal Foundation (PLF) in Sacramento.

Next month FACT — once again represented by PLF — will be filing an amicus brief in support of the County’s lawsuit on retroactive pensions (County of Orange v. Association of Orange County Deputy Sheriffs and Board of Retirement). The goal will be to protect the landmark legal decision that FACT and PLF secured in the pension obligation bonds victory (Pension Obligation Bond Committee v. All Persons Interested).

“FACT has a direct interest in protecting and enforcing the precedent it established,” said Dean, “that is, the constitutional principle that major government indebtedness must receive voter approval.”

Under the auspices of FACT, Dean publishes a website called PensionTsunami.com that tracks the growing public pension crisis on a daily basis. He is also vice president of the California Foundation for Fiscal Responsibility — a watchdog organization that plans to conduct a ballot initiative to reform the state’s pension system.

April 18, 2010Fullerton City Council

On The Agenda – April 20, 2010

by Christian3 Comments

High-Speed Rail is here! At 5PM you get to hear a presentation on the subject from the California High Speed Rail Authority (CHSRA). Afterwards, they’ll take your questions. What they do with your questions is entirely up to them. Maybe you’ll get answers, maybe not. There will be another community meeting April 29 from 5PM to 8PM at the Senior Multi-Service Center to “…solicit input and begin CHSRA’s community outreach process in Fullerton.” Doesn’t it feel good to be part of a process?

After the presentation, council has a closed session with the labor negotiators.

There are some certificates, commendations, and proclamations to make before getting into any serious business.

On the consent calendar, items 1 through 7, we find the minutes, financial statement for period ending February 28, Appropriation of funds to comply with state obligation requiring… Wait a minute! Is someone trying to sneak something in as a consent calendar item? Let’s look a little closer at item 3.

The title is red flag: “APPROPRIATION OF FUNDS TO COMPLY WITH STATE OBLIGATION REQUIRING REDEVELOPMENT AGENCIES TO MAKE A PAYMENT TO THE SUPPLEMENTAL EDUCATION REVENUE AUGMENTATION FUND” So, on the surface the Land Czar’s agency is obligated to pay for some of the havoc they have created by blocking regular tax funds from going to education by declaring BLIGHT. $6,670,864 on or before May 10, 2010 and everyone is happy. There is a pending court case that could eventually halt the payment but I wouldn’t hold my breath over it. It just makes another strong case against having a redevelopment agency in the first place.

Item 4 is for the FAA’s 15-year lease of some of the airport’s tower. The lease is for $26,550 for the first 5 years with a CPI clause that could raise the rate every 5 years thereafter.

The OC Auto Theft Task Force (OCATTS – isn’t that cute!) is item 5. I’m not sure how OCATTS gets its funding but the staff report states that the detective’s salary, benefits, work vehicle (take home car?) and overtime are 100% reimbursed through the OCATTS fund.

Item 6 is a resolution that declares council’s intention to consider the designation and adoption of an underground utility district on State College from about Kimberly Avenue to Santa Fe Avenue. But why the district? Because there are currently overhead power, phone, and cable lines and doing this would bury them. This is somewhat tied to the grade separation work. I think it is a way to take advantage of the construction chaos and do it all at the same time while it is already tore up. Maybe not. Either way, I am glad I don’t have a business or live in that area! The staff report says there are no proposed costs associated with this resolution; however, I think a public hearing resulting from this project will have a direct cost associated with it. Another question to be asked is this: Is the City of Fullerton creating a District or altering the boundary of a district? If so, where is LAFCO?

The police want to accept a donation in item 7 of $750 from the Elks Lodge for the Police Explorer Program. Sounds good… But can’t the council pass an ordinance authorizing department heads to receive donations under a certain threshold? Then we don’t need the staff to sit in the council chamber the extra few minutes to hear this. Maybe just move it to the consent calendar.

Item 8 is a staff update on the Gilbert Community Center.

Item 9 is the All the Arts for All the Kids Heart Project that, if approved, will allow for sculptures to be placed on public property in the downtown area. The All the Arts for All the Kids Foundation wants 25 heart sculptures around the area. I think the reason it is actually on the agenda is because the City Manager wants to waive all of the permit fees. Since they will have to abide by standard city conditions and obtain permits through the normal process like anyone else, I suppose it isn’t a big deal. But what if another non-profit comes in and wants to put art on the corner, will we waive their fees? Will they be allowed to do it? What criteria does the City use to make these determinations? Or is this really a backroom deal that now needs council’s blessing?

Lastly, we have Item 10. I saved the best for last and placed it in it’s own post to follow this. Wait until you hear what our Land Czar wants now…

AGENDA FORECAST

MAY 4, 2010
• Public Hearing – 5 Year Consolidated Plan
• 10/11 Preliminary Budget
MAY 11, 2010 – Adjourned Regular Meeting – 5 pm
• Public Hearing – Coyote Hills
MAY 18, 2010
• March Financials
• Capital Projects
• Proclamation – Relay for Life Month – June 2010
• Closed Session – Property Negotiations – Fox Block
• Fox Block Extension of ENA
• Personnel Management System Changes
• St. College Grade Separation Change Order
• Service Recognition – Kathy Dasney, Former Parks Commissioner

Until next month, please feel free to add comments to this. If you have the inside scoop, shoot me a comment or email me through the Contact page on this website.

March 17, 2010March 17, 2010Dead heads

Why It Sucks To Be Matthew J. Cunningham

by Mr. Peabody22 Comments

fartboy — John Lewis is my moral compass.

I can only wonder what’s it’s like to have virtually no moral bearing – to be at the whim of whichever authority figure is pushing you at a given moment. Like a leaf blown in the wind.

Today a supporter of Hugh Nguyen’s campaign to unseat the deplorably incompetent Democrat County Clerk Tom Daly passed along the news that Matthew J. Cunningham of Mauve County fame had a devoted an entire post to the untrustworthiness of Nguyen. His running buddies? The lefties at the LiberalOC blog!

First it seems that he, like his candidate Tom Daly, takes exception to Nguyen’s ballot designation.

He also makes a big harrumph about Nguyen changing the story he told some of Cunningham’s Blue County boyfriends a couple of months ago about the unsolicited ad Art Pedroza is running for him on the OJ blog. You’re joking, right?

But here’s the kicker. Hugh Nguyen is mostly shifty and not to be trusted because when he was soliciting endorsements last summer for the Clerk-recorder job he didn’t inform those folks of the presence of his wife Laura Cunningham in the race, thereby precluding them from endorsing her!

Of course the idea that Nguyen was under any moral or legal obligation to advertise the hapless and long-defunct Mrs. Jerbal campaign is so preposterously comical that no more need be said about it.

Daly Really2 — Cunningham likes his style...

Meanwhile from the vantage of his lofty moral authority Cunningham seems unable to discern the manifest failures of his boy Tom Daly. You know, like the $48,000 Daly passed along to a campaign consultant for “studying” a sports hall of fame; like the $100,000+ he has wasted (and is still wasting) on monthly retainers for a do-nothing Sacramento “consultant;” oh yeah, and let’s not forget the $2,100,000 chunked into the toilet on the acquisition of the uninhabitable building at 433 Civic Center West. What was the issue again? Oh, yeah – trustworthiness!

On top of all that, Daly is a Democrat and Cunningham is supposed to be a conservative Republican! No bueno!

Harry'sFriend — No, sir. I do not need a wordsmith.

Come to think of it, Cunningham has never said a word about the two fraudulent voting registrations of one Harry C. Sidhu, the 4th District carpetbagger who lied about living at the Calabria Apartments on two separate public documents. Which sounds a lot like voter fraud and perjury if you ask me.

And speaking of shifty, how about Sidhu’s campaign signs that advertise the carpetbagger simply as “Mayor Pro Tem” despite the fact that they are posted in cities where Sidhu is not on the city council? Hows that for shifty?

HarrysHome — The beautiful Calabria Apartments. No furniture was ever moved in. Did Sidhu sleep on the floor?

But oh yeah, his boss John Lewis is working for Sidhu now, too; so that means that the regular rules don’t apply, see?

Jesus H., it must suck to be Cunningham.

March 6, 2010March 6, 2010Behind Closed Doors

Another Day, Another Embarrassment For Sidhu

by Joe Sipowicz10 Comments

Reading Harry Sidhu’s list of endorsers really makes you pause. I checked out the list of “honorary host committee members” to his upcoming fundraiser.

Barbre2 — Harry and I are in complete agreement. Government is all about service. Self-service!

Oh, look! There’s Brett Barbre, the OC Municipal Water District creep who gouged County taxpayers for $48,000 to study an athletic hall of fame, and who kicked back a $1000 campaign contribution to Tom Daly – they guy who gave him the do-nothing job at our expense.

Easy Street — I think Harry has a bright future...even brighter than mine.

Look again and you see the name Chriss Street, the County Treasurer who yesterday was found guilty by a judge of breaching his fiduciary obligation by systematically plundering a business trust that was his responsibility. He was ordered to pay over $7,000,000 by the judge in the case. John Moorlach has called for his immediate resignation.

And Street had previously gotten into hot water by having hundreds of thousands of dollars worth of remodeling work done at his office without soliciting bids. How did he do that? He split up the work into dozens of small purchase orders. He also got County employees to dummy up fake bid solicitations after the fact. Chris Prevatt did a pretty good job describing the DAs subsequent whitewash, here.

What slimy rocks does Sidhu turn over to find these miscreants?

February 15, 2010February 15, 2010Fullerton City Council

On the Agenda – February 16th, 2010

by Christian4 Comments

Temper Tantrum Tuesdays are back!

There is a study session at the police department’s mural room. You can participate in three areas of discussion to fix the broken housing and redevelopment system.

“Staff will provide further update regarding housing policy issues, including 1) the status of progress by the City in meeting its Regional Housing Needs Assessment obligations; 2) an overview of the federal tax credit programs; and 3) proposed next steps for the use of current and future redevelopment housing set-aside funds.”

It is an opportunity to voice your concerns about management or mismanagement as it may be of tax dollars spent tearing down low-cost apartments, displacing tenants, and building more costly condos.

In the regular meeting the consent calendar has, among other things, several parking issues as well as public works projects.

Item 9 is an alley abandonment related to a redevelopment agency proposal. The reason stated behind the abandonment is to save the city maintenance costs. However, an abandonment now makes it that much easier for a private developer to build.

I didn’t know that the City of Fullerton has lobbyists but that is what the supporting documentation for item 10 states. I urge you to read the details of what legislation your City supports.

Item 11 is for a community garden. No surprise that Keller and Quirk Silva are backing this. If it passes, we will all have a place to sow our seeds.

If the Transportation Center and high-speed rail are important to you, take notice of item 12.

“The purposes of this item are to: 1) provide the Agency with a description of the proposed public review process for the Fullerton Transportation Center Specific Plan/EIR and solicit suggestions or comments, if any, from Agency members; and 2) describe the public outreach program being contemplated by the California High Speed Rail Authority in connection with proposed Anaheim to San Francisco high-speed train service, including possible development of a Fullerton station stop.”

Seven lieutenants and captains at the police department have agreed to take a 5% pay cut. Item 13 makes it official.

Lastly, item 14 is the financial report for the first half of FY2009-2010. I haven’t read the entire report yet but I wonder how many tax-dollars have been funneled from the general fund to the Redevelopment Agency.

As always, chime in and let me know if I missed anything or if you have some details that shed light on any of the items listed.