Paulette’s Betrayal

Here’s one of the more curious pieces of mail we’ve seen in town.  Check out what landed in a friend’s mailbox in District 5 over the weekend:

According an October 8th 2018 e-mail from the Chaffee campaign to supporters and the Fullerton Observer, Mrs. Chaffee suspended her campaign.

If she suspended her campaign on the 8th then why were people getting mail supporting her campaign on the 13th?

Did she think we wouldn’t notice?

(more…)

City Manager Ken Domer Lies By Omission

For those of you playing along at home we know that two of Fullerton’s Finest (Chief Hendricks & Captain Oliveras) have been put on a paid stay-cation (costing us approximately $1,955/day) for their conduct at a Lady Antebellum concert in Irvine. With City Manager Ken Domer putting Captain Bob Dunn in charge of FPD we are now being run by… Dunn & Domer.

It’s too bad this isn’t a comedy. Instead we’re finding ourselves in more typical Fullerton drama that a little transparency might have avoided. Alas instead of openness and honesty City Manager Ken Domer couldn’t be bothered to let anybody outside of the police department know what was happening in our town at the time, the next day or even the day after that.

In fact per a statement to the OC Register by Jennifer Fitzgerald it took Domer at least 3 days to inform his employers (City Council) of any details (if they have gotten any) and it has taken him 4 days to bother to release information to our fair city by way of a press release. It’s almost like he doesn’t know who he works for anymore.

Fullerton Councilwoman Jennifer Fitzgerald said she knows little about the incident, but “what I know of Chief Hendricks and Captain Oliveras is that they are fantastic guys and fantastic public servants and I look forward to the investigation being complete.”

Let us peruse this fascinating bit of PR garbage:

Hendricks Oliveras Press Release

That’s quite a few words to say almost nothing of substance. What happened? How long is the leave? Was it criminal? Who’s investigating the case?

The City will not provide further information at this time, out of respect for the integrity of the ongoing investigations.

In other words “F U. You don’t have a right to know anything at all because integrity of an ongoing case”.

Nothing to See Here

Except no.

We already know from an email from the City of Irvine there is plenty to see here and we deserve details. I’m tired of this mentality that it’s okay to publicly and loudly (Instgram?!) shame societal nobodies when they screw up but when our overlords do the same all of the sudden we need to worry about “integrity” and bury the details behind a wall of BS.

The first bit of BS that we need to knock down here is that this isn’t just some boilerplate investigation that “related entirely to allegations of off-duty conduct”.

This is an allegation of battery against an EMT. By possibly armed off-duty officers. The alleged battery alone falls under CA Penal Code 243(c)(1) unless the injury was serious and then it elevates.

(c) (1) When a battery is committed against a[n][…] emergency medical technician […] engaged in the performance of his or her duties, whether on or off duty, […] and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.

Next we have to ask who will oversee this investigation? Why were no arrests made for this alleged battery?

How is the District Attorney involved? Which internal investigator are we planning to hire? Is Irvine being allowed to investigate this case?

These are all pertinent questions especially considering the incestuous relationships we have with other departments. Remember that Irvine’s Chief of Police, Mike Hamel, is married to Katherine Hamel who herself is a Lieutenant under Captain Oliveras and Chief Hendricks.

Is Irvine’s Chief Hamel really going to investigate his wife’s boss? Is this why no arrests were made?

Regarding the “ongoing investigation” angle – that’s the same claptrap the city is still throwing at us over the Joe Felz accident and cover-up that happened 657 days ago. #SorryNotSorry that we can’t trust you and your comrades in obfuscation in the City Attorney’s office to come clean Mr. Domer.

If Fullerton’s City Manager Ken Domer really cared about transparency and “integrity” he wouldn’t hide behind subterfuge and lies of omission. He would tell we the citizenry about what is happening, how it is happening and how we can be assured that another Danny Hughes Felzian cover-up isn’t taking place in our city.

Domer would do well to read his own interview with the OC Register when he said;

You cannot operate local government without partnerships, without collaboration, without openness, transparency.

Ken Domer
(Photo by Brian Whitehead, Orange County Register/SCNG)

I’ll be on with John & Ken during the 3pm hour (1500) discussing this issue. You can listen live on KFI’s website or on your radio at AM640.

The Wheels are Coming off Rolling Hills Park

A little over a year ago, we ran an article about the deteriorating condition of Rolling Hills Park (right around the time Parks and Recreation were gearing up for the premier of the so-called “fitness stairs”). We even made a little joke about the condition of a certain fire engine play set:

 

Hey, kids! This is what our City Manager’s car looked like after he totaled it!

Flash forward a year and the joke is a lot less funny, because this is what the foundation of this children’s toy looks like now:

But don’t worry! According to a July 25 email from the City to a concerned resident, this equipment is a “solid piece of play equipment” that “offers “safe play for the time being”

And it will provide many more years of play time for personal injury lawyers after that.

This denial does seem to be a pattern at Parks and Recreation – we also have the fitness stairs disaster (documented by Mr. Peabody here), which they continue to ignore, and the Laguna Lake fiasco, which was ignored until the statute of limitations on the architect ran out. At least in this case, the City allows that its current plan is to remove and replace all the existing play equipment as part of its upcoming renovation. To that end, our sources tell us the City has placed yellow tape around the dangerous equipment, which has proven to be an extremely effect deterrent in the past.

You shall not pass!

A community meeting concerning renovations to Rolling Hills Park is scheduled for August 15, 2018, at 6:30 pm, at E.V. Free Church, located at 2801 N. Brea Blvd., Commons Building, Room C-212. If you utilize Rolling Hills Park, or you are a taxpayer who would like to prevent another avoidable personal injury lawsuit, you may want to attend and make sure the City follows through on its promises. And if your neighborhood park is in similar levels of disrepair (or worse) remember: the squeaky wheel gets the grease. Complain loudly and often, and be sure to cc someone at FFFF when you do.

While We Were Away: the Train Kept On Rolling

Enjoy the one way trip to insolvency

The last substantive article to run on FFFF site before its almost four year hiatus was this little gem about the “College Connector Study”, a $300,000 study designed to convince the Fullerton City Council that a streetcar system in costing (in their estimate) $140 million was exactly what the City of Fullerton needed. Why? Well, because building the streetcar would encourage high density development all along the rail line, turning Fullerton from a two story bedroom community into a six story high density, high traffic eyesore.

And, just to be clear, that was the argument in favor of wasting $140+ million on the streetcar.

What, you thought I was kidding?

Based on that report, three members of the Fullerton City Council (Chaffee, Fitzgerald and Flory) voted to make a streetcar part of the City’s transportation plan.

For the next three years, progress on the streetcar has stalled, and a competing proposal in Anaheim (this one estimated at $325 million) was shot down by the City Council after a coalition of good government activists ousted the Chamber backed majority from power. Unfortunately (to borrow the tagline for the Friday the 13th Part VI poster), nothing this evil ever dies, and the Fullerton Trolley is back. And like all bad horror sequels, it’s even bigger and more elaborate than before, while making even less sense.

I present to you, the Orange County Centerline:

Look on my Works, ye Mighty, and despair! Nothing beside remains. Round the decay. Of that colossal Wreck, boundless and bare.

The Centerline (something which has been in various stages of development at OCTA for over a decade) incorporates the Fullerton plan, along with a proposed streetcar line through Santa Ana, and several other lines. The plan is to run the line all the way through Harbor Boulevard all the way up to the transportation center. This would probably explain why that streetcar has been popping up on the artist conception for the Fox Block (image above).

OCTA recently provided a presentation to the Fullerton City Council at Tuesday’s meeting, which can be found here . No mention of which government entity will pay for the project, but even if the OCTA picks up the entire tab, we will at a minimum be on the hook for the maintenance cost , just as Anaheim is with the ARTIC Wasteland. Anaheim taxpayers have been forced to dip into the general fund for every year of ARTIC’s operation, as the revenue generated ($1.6 million) is nowhere near enough to pay the operation ($3.9 million). But hey – the City of Anaheim was given a fancy trophy for agreeing to shoulder these expenses, so the tradeoff was totally worth it, in some people’s eyes.

The trophy is huge, gaudy, expensive, tacky, unnecessary and completely impractical. It’s the perfect metaphor.

The Streetcar/ trolley concept is an absolutely terrible idea for too many reasons to count. The cost is astronomical , the benefit miniscule, it will render the streets it is located on un-drivable (seriously, just picture trying to make it through Downtown Fullerton with that thing blocking traffic). Oh, and it will also further undermine bus service in the county, because the cost of running a streetcar line is substantially higher than rapid bus service.

So to sum up, the OCTA wants to take Orange County into the twenty first century by spending hundreds of millions of dollars developing a nineteenth century technology designed to service people who don’t need it, at the expense of the bus riders who do. Sadly, this is about par for the course for state and county government, minus the exceptionally high price tag. Lets give the Center Line project – and every other streetcar project proposed in Orange County – the quick, merciful death it deserves.

City of Fullerton, OC Animal Care preparing to Euthanize Your Wallet

Still have any money left over after the state gas tax increases (thanks, Josh Newman), the likely loss of SALT deductions in Congress (thanks, Ed Royce), plus all the state, local and national income, property and sales taxes, licenses, and fees we already pay? Well, too bad, because OC Animal Care and the City of Fullerton are cooking up a new scheme to take even more of your money. And it all comes down to the first law of holes, government style: when you find yourself in a hole, keep digging and hope nobody notices.

On Tuesday, December 19, 2017, the City Council will again be voting on substantial fee increases, this time for the services provided by OC Animal Care. If passed, the licensing cost for a neutered dog will be $51 per year, and the per day impound fee for any lost dog or cat will be increased to $136, plus an initial $205 impound fee on top of the daily fee, and so on; the full list is available here.

According to OC Animal Care, the fee increases are necessary because their current operating budget is only enough to pay for half of the services they provide (with the other half coming out of the participating cities’ general fund).

This shortfall is blamed on the recent decisions in Garden Grove, Stanton, Laguna Hills and Rancho Santa Margarita to contract with alternate animal care facilities. However, the problem is not that these cities left OC Animal Care, but that OC Animal Care’s services are already so expensive that it was in their financial best interest to leave the program in the first place. For example, the City of Garden Grove contracted with Orange County Humane Society in Huntington Beach after their annual payments to OC Animal Care increased from $729,000 to $1.3 million in just four years, and the City believes they will save over $8 million over the next ten years thanks to the switch.

So why hasn’t Fullerton joined these other cities? An opportunity did exist to opt out back in May 17, 2016, when OC Animal Care needed its members to commit to participate in the construction of a new shelter on the Tustin Air Base property.

However, the City Council squandered the opportunity in a 4-1 vote, placing the city on the hook for its share of the construction costs for the new facility without even placing an RFP out to private animal care providers. Even if we were to back out now, we might be on the hook for the cost of construction of this shelter. Oh, and Fullerton currently has an evergreen contract with OC Animal Care because, of course we do, so any effort to extricate ourselves from this failed government program will be complicated to say the least.

Keep the Evergreen Contract or the dog gets it!

But enough is enough. It is time to stop excusing poorly run government programs and to start demanding that we get our money’s worth.

LA County Firefighters Back 5th District Resident For 4th District Supervisor

Good union luvin’ for Coto Joe

Sounds about right. A “public safety” union is endorsing union boss and massive pension receiver, Coto Joe Kerr for Orange County Supervisor.

What’s really funny is that the union isn’t even from Orange County. It’s actually from Los Angeles County and is hired by the City of La Habra to run around town making paramedic calls and  firehouse chili. So I guess it’s appropriate that the out-of-town union is endorsing a candidate who is out-of-town, too.

Who knew “firefighting” paid so well? Well, almost everybody…

As we have amply documented, Joe Kerr lives in a million dollar McMansion in Coto de Caza, a long, long way from our 4th District. In fact it’s just about as far as you can get and still be in The OC. But Joe has concocted a “residence” in Brea and has sworn on his voter registration that that’s where he lives.

Well, I ain’t a-swallerin’ that.

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

Gravity asserts itself…

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.

Getting prepared for takeoff…

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:

Bookmark15.25.020.  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)

Bookmark15.25.025.  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).

Who Is Paulette Marshall?

Good question. She is the spouse of Fullerton Councilman Doug “Bud” Chaffee, and has often been considered the brains of the operation.

She is also rumored to be a future council candidate from the 2nd District once that district comes up for election – now slated for 2020. Here is Ms. Marshall attending an underpass opening ceremony. She’s the one over on the left wearing the purple jacket.

Here’s a close up.

But wait. Why is she even there? She doesn’t hold any official position in the city. And even more importantly, why is she wearing a City of Fullerton badge bearing the official city seal?  How did she get that badge and why is she wearing it?

A cynical person might suspect that Ms. Marshall is posing in a photo op like this for future campaign material, projecting the subliminal message of “incumbent.” But that would be extremely unethical and really hard to credit.

Bruce Whitaker’s Cash Cow

The other evening the Fullerton City Council discussed the issue of letting bar owners cram more of their top-shelf patrons into downtown Fullerton night clubs, a move that the bar owners ludicrously claim will actually help with all that mayhem that occurs on a typical week-end evening. As a tangent, the idea of taxing the generators of all the trouble came up.

Here is our esteemed Mayor, Bruce Whitaker, calmly explaining why some sort of public revenue generating scheme would a bad idea.

This is so disingenuous in several aspects that it’s hard to know where to start. The idea that the private business interests are the best at providing some sort of “management” at the lowest cost is absurd given the fact that the taxpayers are already  providing vastly subsidized security and maintenance in the downtown war zone.  It is the o-so trustworthy bar owners (that Whitaker claims have the biggest stake in a smoothly operating downtown) who benefit from public services they aren’t paying for.

Whitaker knows very well that the open air saloon known as Downtown Fullerton costs the taxpayers more than $1,500,000 per year. It’s a classic money pit. The irony is rich. The idea that the city government might milk DTF is absolutely absurd. The fact is that Whitaker’s bar-owner campaign contributors are making money on the backs of the rest of us – and Whitaker – despite his rhetoric – knows this damn well.

The real point is that once again Whitaker and his spineless council colleagues are going to bat for their saloon owning pals, people who have stolen public sidewalks, habitually violated the City’s noise ordinances, whose patrons wreak havoc on our streets and on themselves every night. Whitaker and the City Council have not only turned looking the other way into a full-time job, they have gone out of their way to prop up and publicly subsidize the booze peddlers they enabled in the first place.

And as usual, the rest of us pick up the bar tab.