Behind Closed Doors Archives - Page 32 of 83 - Friends For Fullerton's Future

January 17, 2018January 17, 2018Behind Closed Doors

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.

January 16, 2018Behind Closed Doors

Musical Captains

by The Rambler11 Comments

It is official — Tom Oliveras and Bob Dunn are the new Captains of the Fullerton Police Department.

They replace Danny Hughes favorites John Siko and Scott Rudisil, who, pension spike completed, decided to retire. Some in the department question the timing, openly wondering if new Chief Dave Hendricks helped to accelerate their departure. Don’t be surprised if they land new jobs at The Mouse. Dan Hughes pulled strings to get his buddy, Lt. Mike Chocek, a new job a Disneyland. Chocek abruptly quit in 2017 for his new position at Disneyland.

Oliveras has been with the Fullerton PD since 1992, and has kept a low profile all these years. That’s probably a good thing.

Bob Dunn is the fascinating choice, as he left the Anaheim Police Department as a Lieutenant, and was hired just days ago by the Fullerton Police Department as a Captain.

Why is this fascinating, you ask? Because FFFF’s biggest fan, Lt. Andrew Goodrich, was rumored to want the empty Captain seat. After completing a Master’s Degree in recent months from the prestigious Capella University, we’re told Goodrich viewed himself as the heir apparent for the Captain seat. That is, until he was blindsided by the hiring of Dunn.

Oh well, Andrew Goodrich is more than welcome to leave Fullerton if he so chooses.

Your diploma is in the mail. No refunds.

December 19, 2017December 19, 2017Bad Cops

Joe Felz’s Wild Ride Ends in Plea Deal

by Joshua26 Comments

The wheels of justice in the Joe Felz case have finally ground to a halt with Mr. Felz finally taking the plea deal we all knew was coming.

After 405 days of waiting Joe Felz has finally admitted guilt to reckless driving. Of course he has been given a pass on his alleged drunk driving and his proven destruction of property by our oh-so-competent District Attorney’s office.

I wonder how many nobodies get the same treatment? I’d reckon not too many if the constant MADD awards presented to FPD at City Hall are any indication.

Mr. Felz will have to pay restitution, $390 in fines, serve 40 hours of community service, attend “victim impact counseling”, serve 3 months in the “first offender alcohol program” and spend 3 years on “informal” probation with no mandatory supervision if reading this correctly.

This is a curious case where the county and courts have agreed that Felz has a big enough of an alcohol problem to warrant going into a 3-month program. His problem, which resulted in him crashing his car and ensuing property damage somehow was not bad enough to justify taking his license away as happens with so many poor saps caught up in Fullerton’s outdoor saloon who hit nothing. Curious the way power protects power.

With the “ongoing investigation” over maybe now we can get to the truth of what really transpired the fateful night of 08/09 November 2016.

December 9, 2017December 9, 2017Behind Closed Doors

The Waiver

by Mr. Peabody15 Comments

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.

November 27, 2017November 27, 2017Behind Closed Doors

Airport Saga Continues. Does “Hangar 21” Conform To Zoning Law?

by Mr. Peabody37 Comments

In my previous post regarding recent doings at the Fullerton Airport I described a big lawsuit by a disgruntled former tenant, Air CombatUSA, and also remarked upon the propriety of the use of airport property as a party venue called “Hangar 21.” The implication was there might be some sort of Federal Aviation Administration issue. One Friend, “Order 5190.6B, Chapter 9” provided the name and place where such issues as equality access to aviation facilities are spelled out by the FAA.

But then another of our Friends, “Little City Planner School Graduate” questioned whether such use was even legal per the Fullerton Municipal Code. I didn’t have a clue. So I looked it up.

Per Fullerton’s Zoning Map, the airport is designated “P-L,” i.e., public land. Municipal Code Section 15.25 describes permitted and CUP uses for the P-L designation. Here they are:

15.25.020. Permitted uses.

The following uses are permitted in a Public Land (P-L) zone, subject to the provisions of this chapter:

A. Flood control reservoir areas.

B. Public parks and open space areas.

C. Public educational facilities.

D. Public buildings including administrative buildings, libraries, fire stations, reservoirs, and maintenance facilities.

E. Public parking facilities.

F. Public transportation facilities.

G. Public golf courses.

H. Other similar public facilities when in conformance with the purpose of this zone when recommended by the Director of Development Services, and approved by the City Council.

(Ord. 2982, 2001)

15.25.025. Conditionally permitted uses.

A. The following non-public uses or activities are permitted in a Public Land (P-L) zone when approved by and subject to conditions of the City Council:

1. Commercial stables, subject to the development requirements, provisions and conditions of Subsection 15.55.030.C of this title.

2. Open-air marketing activities including, but not limited to such activities as a cooperatively sponsored farmers market or swap meet.

3. Commercial agricultural production and non-retail plant nursery operations excluding cannabis cultivation as defined in Chapter 15.04.

B. A special event may be permitted on a property with a Public Land (P-L) zone pursuant to Chapter 8.71 or Chapter 9.12 of the Fullerton Municipal Code.

(Ord. 3227 § 3, 2016; Ord. 2982, 2001)

You will notice that there is no provision for a private party venue, no matter how tenuously tied to a legitimate “public transportation” use such as helicopter rides.

So what gives? Hangar 21 as a party spot seems to be in violation of the Code since it is not consistent with the uses described above, and since the City Council has never even tried to legitimize it via 15.025.020(H).

November 26, 2017November 26, 2017Behind Closed Doors

Trouble at the Airport?

by Mr. Peabody86 Comments

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.

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.

November 14, 2017November 14, 2017About Us

Fish This: Burning the Budget

by The Fish15 Comments

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?

November 13, 2017November 14, 2017About Us

Where’s Dino? Part 2

by Joe Sipowicz19 Comments

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.

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.

No, that’s not quite right, is it?

November 8, 2017Behind Closed Doors

Our Amazon.com Problem

by David Curlee6 Comments

Anyone following my recent posts knows the City has a problem with proper usage of the VISA procurement cards.

Below, we have a door opener purchased by Fire Captain Bil Gallio and shipped to the family business — Gallio Motorsports. Given the nature of the item, this may have been a legitimate City purchase and shipped to the wrong address.

Fullerton doesn’t have a centralized ordering point, or a designated person, for Amazon.com purchases. Instead, employees order items for the City using individual Amazon.com accounts, which for most people, are probably used for personal items as well. That means home and work purchases are co-mingled together in the same account.

That could easily explain items shipped to the wrong address if the employee making the purchase forgets to override the defaults stored by Amazon.

Lest anyone think I’m constantly throwing rocks without ever offering a solution, here you go: Amazon Business for Government Nearly every instance of improper spending could have been prevented using that tool.

October 28, 2017October 28, 2017Bad Cops

Felz Gets a Trial Date

by Mr. Peabody7 Comments

It’s been almost one year since former Fullerton City manager, Joe Felz, embarked on his infamous Wild Ride after an evening of drinking at election night parties in the Downtown Fullerton gin mills he worked so tirelessly to protect.

We all know how the drive home went wrong: Felz lost control of his vehicle on Glenwood Drive, drove over a tree, and tried to get away – in violation of the law. We also know that the Fullerton cops gave Joe a free pass and a ride home, many believe on the instructions of outgoing Cop-in-Charge, Danny “Gallahad” Hughes. That would be a crime, too – obstruction of justice, which is exactly what is asserted by District Attorney investigator, Abraham Santos.

Anyway, Felz has been charged with drunk driving by the DA, but the collusion to protect the City Manager has not been addressed and it never will be. That would set a very bad precedent, wouldn’t it?

On January 16, 2018 it looks like Wild Ride Felz is going to get his day in court as he has pleaded innocent to the charges. And since there is no evidence of his inebriation we all reckon the deal will be “dry reckless” driving, and case closed.

Rest assured, FFFF will be present to record and report the court proceedings.