Category: Fullerton City Council

I went to look at the agenda for the May 18^th meeting and had trouble with the City’s website.  I was able to download the agenda but none of the supporting documents.  So I will attempt to give you a brief and general idea of what is going on.  This time I really could use your input in completing the picture. Here is the agenda.

Let’s start with the closed session where we find two major events to look at.  First, it looks like maybe the firefighters have come to some agreement with the City regarding cuts to their salaries.  We’ll have to see what happens.  Also, there are a number of properties that Land Czar Rob Zur Schmiede would love to get his hands on.  No doubt he looks to displace dozens of low-income families and replace them with low to moderate income families.  Then he and his agency will skim a little off the top of the newly assessed property tax value.  As a side note, Assemblyman Chris Norby issued his 6^th Norby Notes email wherein he gives a very good overview of redevelopment agencies and their numerous significant failures.

The properties listed on the agenda include:

324, 401, 419, 425, 449, 455, 475 W. Valencia Drive, 512 S. Ford and 147 W. Santa Fe Avenues in Fullerton.

At this rate, the Land Czar will control all of Fullerton by 2020!  No one’s property is safe, not even your kids’ tree house!

Friends For Fullerton’s Future come in on the closed session at #4!  If you haven’t heard, FFFF, et al are suing the City of Fullerton.  Perhaps admin can give us some idea of what might be happening.  Perhaps an easy way for this suit to go away might be to elect some new council members who will put the reigns on the Land Czar and get the Redevelopment Agency under control.

Coming in at #5 is Chris Meyer.  The agenda just lists this as a personnel matter.  Is he taking a pay cut or what??  Maybe he has decided to retire and join that $100K pension club.  If he does, maybe we can talk him into taking a council member or two with him.

Next we move into the open session.  We have a couple of proclamations, one service award, and one presentation by the American Veterans Memorial Association.

After the fluff, you have an opportunity to address the council and tell them what you think.  It’s a good way to get your voice heard.  Don’t mind the members with their fingers in their ears whistling Dixie out their backsides; that’s normal.

This meeting’s consent calendar is pretty big with 11 items.  We have the obligatory minutes, end of period financial statement (March 31), capitol expenditure report (also as of March 31), and then a slue of construction projects.

Among them is the library remodel project with $4,142,377.25 this month and a total “Guaranteed Maximum Price” of $9,391,000.00.  We’ll see… There are 6 other construction jobs worth nearly $2,000,000.

Last on the consent calendar is approval of Final Map for Tract No. 17315.  The subdivision is in the Ford/West/Richman Avenues area.  Since the City’s website isn’t allowing us to look up the backup documents, I have nothing further to report on this.  My guess is this is one of the Land Czar’s projects.

Item 12 takes us out of the consent calendar and into a public hearing over Underground Utilities District No. 15.  Part of this is supposed to bury overhead lines on State College Boulevard from Kimberly Avenue to Santa Fe Avenue.

The only “regular business” is item 13, Fullerton Community Center Project review.  The agenda says this:

The Fullerton Community Center Project is one of two major projects currently being undertaken as part of the civic center area improvements. These projects include significant renovations and additions to the Fullerton Public Library and the construction of a multi-purpose Fullerton Community Center; parking and circulation improvements, and limited street improvements to Commonwealth Avenue.

Recommendation by the Parks and Recreation and Redevelopment and Economic Development Departments:

Approve the Community Center concept plan, and authorize staff and the Project Manager at Risk (PMAR) to proceed with design development and preparation of a Guaranteed Maximum Price (GMP) based on the conceptual design.

Coming up on May 25 we have the public hearing on Coyote Hills.  Expect another crazy night heated opinions.  Outside City Hall I heard one man mutter “Why won’t they listen to us?  Why do they insist on doing this?” I assumed he was talking about the Coyote Hills development and how the City Council isn’t simply stopping this in its tracks.  Who knows, maybe on the 25^th they will.  Remember, we have two seats up for re-election and possibly even a third seat if Nelson sweeps the June 8^th Primary.

Also coming up on June 1st, you can expect to find these topics on the agenda.

• Public Hearing – Adopt Budget
• Call Election/Consolidate/Candidate Statements
• April Financials
• Presentation – SCE – State of the Utility
• Proclamation – Marlis Katherine Christianson Wigestrand
• Public Hearing – Towing Ordinance
• Insurance Program Report and Recommendations
• Closed Session – Existing Litigation – Lopez
• Public Hearing – Amend Title 15 – Personal Service Facility/Tattoo Parlors
• St. College Grade Separation Change Order
• Personnel Management Changes
• Draft Request for Interest for Downtown Core & Corridors Specific Plan

As always, please let me know if I missed something that you think is important, especially since I could not access the backup documents for the agenda items.

Here we are in May and our spend-happy council is at it again.  The closed session has council discussing a law suit with their legal counsel over a law suit by Michael MacDonald.  They will also be talking about labor negotiations and who can negotiate what.

We start off the open session with a feel-good presentation by the Fullerton Sister City Association.

Moving onto the consent calendar we find a $750,000 repaving project of Brookhurst from Orangethorpe to the 91 FWY as item #2.  The bid came in from RJ Noble at $558,534.50 which leaves $191,465.50 left to cover city overhead and oversight.  That works out to be 25% of the total cost of the project to cover the city’s internal overhead.

Item #3 grabbed my attention with a few key buzz words.  The agenda has it as “RESOLUTION TO SUBMIT AN APPLICATION FOR GRANT FUNDS FOR THE SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM”.  Actually, the whole title is chockfull of buzzwords designed to elicit emotional responses.  Buzz words aside, Proposition 84 spells out the purpose of the grant and I cannot understand how it pertains to the Downtown Core and Corridors Specific Plan.  The California State Parks Department manages the program and describes Prop 84 as this: “On November 7, 2006, voters passed Proposition 84 by 53.9 percent.  The 5.4 billion dollar “Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006” (Safe Drinking Water Bond) is detailed in Sections 75001 through 75090 of the Public Resources Code.” The amount of the grant request is $1,000,000 but could range from $100,000 to $1,000,000.  Do you really think California voters planned on using these funds for Downtown Fullerton planning?  The text for Prop 84 can be found at http://www.parks.ca.gov/pages/1008/files/prop_84_text.pdf

Item #4 addresses City Pointe, across Chapman Ave. from the Fox Block McDonald’s money pit, which would like to change their development agreement because one of the partners is selling out.  A brief inspection of the staff report only revealed that our Land Czar, Rob Zur Schmiede, is involved.  The report and supporting documentation looks more like a Wall Street advertisement.  Considering the lengths at which our Land Czar is selling this transfer in ownership, responsibility, and liability, I am concerned that there may be more than meets the eye.

The Parks and Recreation is bringing a policy change to council.  Item #5 the amendment of the memorial tree and bench policy.  The new policy will specifically help address requests from the family and friends of James Wernke and future memorial requests.  This should have been addressed by the Parks and Recreation Commission at the November 17, 2008 meeting.  Anyway, I look forward to seeing the Wernke memorial soon!

Next we jump into a public hearing before the council.  Item #6 is the 2010 five-year consolidated plan and 2010 one-year action plan.   We wouldn’t need to have this hearing but Ol’ Doc Hee Haw keeps grabbing at that Federal HUD money which has this string attached.  It’s not a bad idea to have a plan before you act but it seems Ol’ Doc (literally) and others (figuratively) are asleep at the meetings.  There are over 200 supporting pages to this single item.  How many council members will actually read all of them?  Maybe someone should ask them since it is a public hearing!  There is a lot of money being considered and loans that need to be repaid.  (See page 4 of the 221-page document)  Some of the money will to service providers of important services to the community (like Meals On Wheels) but shouldn’t the service providers be going after these grants without involving the City?

Item #7 is the first item of regular business.  This is the proposed revised budget for FY2010-2011.  The first sentence of the second paragraph of the proposed revised budget says it all: “The General Operating Funds budget is not balanced.”

There is also a lengthy PR/defense piece on tax increments and the Redevelopment Agency.  The statement also makes some broad assumptions about the financial lifecycles that occur in redevelopment districts.  City staffers imply that the Redevelopment Agency knows best how to generate tax revenue.  The staff report closes with the following: “In 2006, the Fullerton Redevelopment Agency merged its four project areas.  More recently, the Agency amended the Merged Fullerton Project Area to add 1,165acres. The amendment is currently in litigation.”

The City will still need to cut $3,260,000 from the $184,000,000 budget, if you believe everything you read.  Keep your eyes open for the June 1, 2010 meeting and public hearing.

Item #8 is the Memorandum of Agreement with the Fullerton Municipal Employees Federation.  Employees will take a 5% cut in pay.  Thanks!  I didn’t see a pension spike but I also didn’t read all 74 pages of the memo.

Item #9 is more of the same but addresses police and safety.  They are also taking a 5% cut in pay to which I say thanks!  The memo is 103 pages and I wasn’t able to get every page digested.  Please let us know if you find anything in it that we should be aware of.

Item #10 is the fire fighter’s bargaining memo.  Unfortunately, the firefighters didn’t want to take a cut in pay like the rest of the world so the fire chief concocted some way to cut shifts that would work out to about a 5% reduction.  The City said no thanks. Due to the impasse between the City and the FFA, they will be using mediation as the dispute resolution procedure.  I say thanks to the chief for trying and a big NO THANKS to the Fullerton Firefighter’s Association!

Look out for these exciting opportunities to see your tax dollars in action:

MAY 11, 2010 – Adjourned Regular Meeting – 5 pm

• Public Hearing – Coyote Hills

MAY 18, 2010 (partial list)

• Purchase of Used Fire Truck
• Closed Session – Property Negotiations – Fox Block
• Fox Block Extension of ENA
• St. College Grade Separation Change Order
• Public Hearing – State College Underground Utility District
• Bid Award Commonwealth Avenue Storm Drain
• Bid Award Water Main Sys. Replacement/Sewer & St. Improv. 2009-10
• Bid Award Water Main Sys. Replacement 2009-10 (Lemon St.)
• Bid Award Refurbishment of Police Department Elevators

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.