Jessica’s Law Enforcement Ordinance Comes Up For A Vote

This just came in from city council candidate Barry Levinson:

This Tuesday night at 6:30 PM, September 21, 2010 at city hall, the culmination of 7 months of hard work by my wife Susan and myself should result in a victory for all children and their parents and grandparents, etc. in the city of Fullerton.  An ordinance presented and recommended by the Fullerton Police Department will be brought before the city council for a vote. The ordinance will make it a misdemeanor crime for a convicted pedophile to live within 2000 feet of a school, park or day care center.  The penalty is up to one year in jail!  Almost 4 years to the day that the voters in California spoke through their support of Proposition No. 87, known as Jessica’s Law will there be an actual penalty attached to the above actions.

This is just the start. I have been working with and getting the cooperation of the County District Attorney’s Office to make sure that a similar law is presented to our Orange County Board of Supervisors. We want the same protections for our kids throughout the County.

Please attend the Tuesday night meeting! Send a firm and clear message to all our current council members. A full house will provide leverage to make sure that the council does the right thing by passing this ordinance to provide additional protection for the weakest and most vulnerable among us, our kids.

-Barry Levinson

What’s Another $30 Million? Charge It.

What happens when you run up a credit card but only make the minimum payment? It never works out very well. But that’s how Fullerton is handling $30,000,000 in retiree health care commitments.

http://www.youtube.com/watch?v=ntIaUiv9seU

Jack Dean passed along this unfortunate piece from the OC Register which exposes over $1 billion in unfunded retiree health commitments for Orange County and its cities. Fullerton’s spending problem is summarized here:

City Fullerton
Population 138,610
Unfunded costs $29,986,735
Unfunded cost per capita $216
Maximum benefit (per year) $9,744
Paid in 2009 $1,927,528
Does the agency pay only the minimum cost? Yes
Is a lifetime benefit offered? Fire employees
Source: Retiree health costs and other retiree data from local cities and the county; population statistics from the California Department of Finance

Retiree health benefits are negotiated between our city council and the public employee unions during contract renewals. Supervisor John Moorlach says they are an easy squeeze for unions because boosting benefits for employees requires no up-front cost to the city.

Much like exorbitant pensions, these benefits are a long-term commitment where the future costs are impossible to calculate at the time the entitlements are given. Ultimately, taxpayers are responsible if costs “unexpectedly” spiral out of control. And of course, they always do.

Chevron Sues Fullerton Over Coyote Hills

Last week Pacific Coast Homes, a subsidiary of Chevron Texaco, filed suit against the city of Fullerton for it’s recent denial of the West Coyote Hills development project.

Down boy

The suit was preceded by a claim for damages of “$1,000,000 plus” in which Chevron says Fullerton is responsible for breach of contract, breach of good faith and fair dealing, violating the civil rights act, and a few other things expressed in legal mumbo-jumbo beyond the vocabulary of this blogger.

If you feel like wading through it yourself, here is the claim and the complaint:

View the Coyote Hills lawsuit

So it looks like Chevron is attempting to apply pressure prior to bringing the project back in front of what will likely be a more favorable city council in 2011. I’ve also heard that the suit was preceded by Chevron making no-so-veiled threats towards a councilmember regarding future re-election possibilities. That’s just not very nice.

Townsend Uncovers Fullerton’s Overtime Racket

Register reporter Adam Townsend dropped a bomb early this morning with an in-depth report on Fullerton’s astounding overtime costs.

The report summarizes the $3,000,000 spent on overtime last year, listing the top 102 overtime earners (view the Register’s list). Among them, a paramedic named Timothy Hartinger worked the most overtime in 2009 with 1,160 hours at time and a half pay, bringing his total earnings to a glorious $138,117.

Notably, these wage figures do not include an additional 33% in pension contributions or thousands of dollars in health insurance premiums for public safety union members.

Naturally, the overcompensated fire and police union members came up at the top of the list and made their best efforts to deflect criticism with emotional falsities. One fireman played the classic union card, repeating the claim that he would die 10 years earlier because his job is so dangerous. Nice try pal, but CalPERS actuarials have proven that public safety employees live just as long as everybody else.

FFFF favorite Jack Dean made his way into the report, saying “Considering the unemployment situation, it doesn’t appear to be right that there’s so much overtime when so many people are unemployed,” concluding “there appears to be something wrong with this structure.” Something wrong, indeed.

Even the city manager got in on the fun when asked about minimum staffing for firefighters, which significantly boosts their expensive overtime pay. “The provision is there because of the union. If I had my preference, I’d do away with it, but it’s sacred to the firefighters,” said Chris Meyer.

We’ve been hard on Register reporter Adam Townsend in the past, but it’s great to see that there’s still some life left in the Register’s local coverage. It takes a little bit of courage to rock the boat of public safety employees, and hopefully we’ll see more of this in the future.

It’s Your Choice

Here’s a repeat of a post we ran late last year, a public service announcement, you might call it. See, Fullerton’s jurassic councilman, Don Bankhead is running for for yet another interminable term in office. He’s already been sitting there for 22 years, but apparently that’s just not enough for the good old boy.  Well, watch this dismal performance and see if you think this is someone you believe ought to be making million dollar decisions on your behalf.

– The Desert Rat

If anyone watched the council meeting to the bitter end, which I just did, you would see an incredible meltdown by the good ol’ boys club.

This clip begins the discussion on the appointment of the member at larger for all commissions. Mr. Mayor says he wants to be in charge of the interviews and Nelson corrects him. Bankhead repeatedly interjects “Mayor” into the new ordinance while Nelson repeatedly tells the Mayor that the word “Mayor” is not included in the ordinance. Then Bankhead starts laughing at Nelson and ranting that its the way they done it for time in memoriam and it works. Then the good Dr. Jones steps in it. The City Attorney tries to save the meltdown but he nor Nelson could keep Bankhead and Dr. Jones in check. Bankhead with his maniacal giggling, chuckling and Jones rambling on about God only knows what… Glad they saved the best for last.

Oh yeah, and a little nugget after the meltdown…Keller wants to hold a study session for right-of-way encroachments to deal with issues on the trails and bike paths.

Bankhead Forgot to Submit an Argument Against Term Limits

Weather's gettin' colder...

Measure M will be on the ballot in November, but the arguments presented in the official voter materials will be a bit one-sided.

Nobody submitted an argument against the measure to enact term limits against Fullerton city council members.

Was anti-term limit incumbent Dinosaur Don Bankhead asleep at the switch, or was he actaully smart enough to disassociate him self with that position during an election campaign? Who knows?

I really like spinkles on my frogurt...

Sharon Quirk-Silva authored the opinion in support of the measure, which summarizes them as:

  • Term limits increase the number of competitive elections
  • Term limits bring in more opportunities to serve in public office
  • Term limits disfavor seniority
  • Term limits promote fresh ideas

Of course, she missed the most important purpose of term limits: they will end the seemingly endless political careers of staff yes-men: folks like Don Bankhead and Dick Jones, who have tormented taxpayers for decades by voting for almost every single boondoggle and corporate welfare project put in front of them.

Whadya know. A promise was kept...

And for that we thank SQS for sticking by the promise she made way back in January of 2009.

On The Agenda – August 3rd, 2010

Get this!  The Fullerton City Council’s ONLY Regular Business for Tuesday’s meeting is…drum role please…to designate a voting representative and alternates for the League of Cities annual conference!! View the agenda.

That’s it, right?  No.  That is the only “Regular Business” item but I didn’t mention the Consent Calendar.

Item 4 of the Consent Calendar is a $2,705,000 bond for irrigation at the Fullerton Municipal Golf Course. You read that correctly; $2.7 million for golf course sprinklers! Apparently “staff” has identified this as the most “shovel-ready” infrastructure project.

The background on this item is interesting for those following President Obama’s American Recovery and Reinvestment Act of 2009 (ARRA).  The Act includes provisions for bonds issued by agencies in designated “Recovery Zones” and Fullerton has been designated as one of those Recovery Zones or RZ.

The eligible uses for RZ Economic Development Bond proceeds according to the staff report include: 1) capital expenditures for the acquisition or development of property within a Recovery Zone by a public entity; 2) expenditures for public infrastructure and construction of public facilities; and 3) expenditures for job training and education programs.

This is when the veins on my neck begin to pulse and I run the risk of bursting a blood vessel!  Our Congress has given local agencies certain bonding authority to raise money to fix their infrastructure and our beloved City Hall staff decides to use this authority to grow our indebtedness and fix golf course sprinklers!

I may not be much of a golfer but I do know they charge as much as $35 per person to play.  If that isn’t enough to cover the cost, I suggest they charge more or get out of the golfing business altogether.

I hope our council has the wherewithal to vote NO on this but I doubt it.  It is spending like this that makes me want to run for city council.  But the race is already full of rich would-be spenders chomping at taxpayers’ checkbook with pen in hand.  How will Bankhead vote?  How would McKinley or Burbank vote?  Tomorrow we will get to see how Bankhead, with 22 years of experience on the council, will vote.  I am quite certain he will vote YES and waist $2.7 million watering the grass while ignoring our roads, sewers, water system, and sidewalks.

Oh but the grass will be green and a council member will get to go to the League of Cities Conference in September all on our dime.  Not a bad gig if you can get it.

“Public Art” on the Lemon Street Overpass; Are The Inmates Running The Asylum?

No, that’s not just crazy talk.

I was just sent the next Public Art Commission’s agenda in which City Staff is proposing that over $100,000 be spent “restoring” those dubious murals that adorn the Lemon Street pedestrian overpass. Here’s the text of the staff report:

ATTACHMENT A
Staff Recommendation for Public Art

After reviewing reports and treatment proposals from contracted professional art historians and conservators, staff has a recommendation for how to proceed with the Lemon Park Murals.  The goal of this recommendation is to make progress on the restoration of these important historical pieces of public art in a way that is fiscally responsible and takes into account the directive of the Public Art Committee to continually produce new works while maintaining the City’s rich existing collection.  We therefore propose that restoration take place over 5 years.  The proposed preliminary plan is as follows:

Year One:

Fall, 2010

Work with the Public Art Committee to revise the list of potential locations for new/restored work to be produced over the next 5 years.

Spring, 2011

Restore “Zoot Suit Riots.” using the services of a professional mural restoration team.  The cleaning, consolidation of paint and coating layers, graffiti removal, reintegration (touch-ups) and protection is estimated to total $18,000.  “Zoot Suit Riots” is an ideal starting place for mural restoration because the historical significance of the subject matter and its strong aesthetic appeal, and key location.

NOTE: Lemon Park and Maple Community Center renovation project will be under construction in the period beginning between summer – fall 2011.  The construction period is estimated at 9 months.  The start date for construction will be pending Lemon Park Committee review/recommendation, although it is likely to start in the fall of 2011, to avoid disrupting summer youth programs at the park.

Spring – Summer (production), 2011

Neighborhood youth will be recruited (coordinated with City summer youth programs at Maple Center) to design and execute a new mural that expresses the themes of cultural pride and community solidarity originally intended by the mural entitled “Fullerton.”  The existing mural, which is much degraded and heavily vandalized, will be thoroughly documented and covered with a protective varnish, then painted over.  The new mural will be processed through the standard application and review procedure by the Public Art Committee. It will be produced by neighborhood teens under the supervision of a professional artist and with input from the Lemon Park Ad Hoc Advisory Committee, and will take its place thematically and visually in the suite of paintings that makes up the entire park.

Fall, 2011
The Public Art Committee will oversee the production of a new, permanent public art piece at the main stage in the downtown plaza.

Year Two:

2012

Restoration of “The Virgin of Guadalupe” and “Girl with Car. Estimated cost (combined) of $32,000.

Based on progress on the Transportation Center Master Plan, we will install a new piece of public art in the pedestrian corridor between Spadra restaurant and the bus depot.  Suggestions for this area include three-dimensional awning type installations that invite access to the transportation center and visually expand the downtown and event area south of Commonwealth.

Year Three:

2013

Restore “Calle Elm” and “Come Back Again” by a professional mural restoration team. Combined cost of $24,640

Produce a new piece based on Public Art Committee recommendations

Year  Four:

2014
Restore “La Adelita” and “Cross with Crown of Thorns.” Estimate (combined) cost of $26,000

Produce a new piece based on Public Art Committee recommendations.

Year Five:

2015

After four years of restoration we will have some idea how the Lemon/Maple murals are faring and how the new mural produced in year one has been received by the community.  With this experience the Committee can develop recommendations for “Brown Car.”  This mural has been vandalized numerous times and sustained considerable additional damage since the November, 2008 preliminary report.  Based on the current rate of destructive activity, staff does not believe that the estimated $21,000 required for a thorough restoration would be fiscally responsible.  Two possibilities present themselves:  we could invest in moderate restoration and additional anti graffiti coating to keep the mural intact for as long as possible despite what seems to be relentless vandalism.  Or we could document the piece, cover it, and create a new mural under the direction of a professional artist and with the input of community groups such as the Lemon Park Ad Hoc Advisory Committee.  Both options present obstacles and opportunities and it is hoped that our experience restoring the other pieces of the original suite over the preceding 4 years will equip us to make a wise choice in 2015.

Note:  The murals “The Town I Live In”  “Niños del Mundo” and “La Mujer Latina” are in relatively good condition at this time and are not included in this 5-year restoration plan.  They will be maintained as needed (graffiti removed, coatings restored, etc.)

Public Art Committee Agenda
July 26, 2010

These paintings have been the source of some controversy for quite some time. Critics question the gang references as well as the deterioration and gang graffiti they seem to invite. Others doubt the artistic value.

Although some folks in the community have suddenly taken a proprietary interest in the murals, this interest doesn’t seem to extend to actually paying to clean them up.

In 1995 the restoration of the Kassler Mural on the side of the Plummer Auditorium only cost about $25,000 – of which half was made up of a matching Redevelopment grant. Hundreds upon hundreds of volunteer hours were spent stripping and cleaning that work of art. That participation proved the value to the community.

So the question is: who really wants to “restore” the Lemon Bridge murals, and what are they willing to pay for it?

Conflict of Interest?

Smilin' all the way to the bank

Have you ever wondered how we got ourselves into this financial crisis? In California and in Fullerton we have an out of control public employee pension crisis – a crisis where thousands of retired public employee end up receiving mammoth retirement payouts, in some cases tens of thousands more than they ever made while they were actually working.

Well, one candidate for Fullerton City Council is a posterboy for this system run amok, and his name is Patrick McKinley.  Before the next time you cast your ballot, check to see that the person your are voting for is not a retired government worker that would be making any decisions affecting out of control public employee retirement pensions.