Fullerton about to lose a Fire Engine

The City is in the process of approving a new labor contract with the Fullerton Firefighter’s Association.  Buried deep in the agreement on page 52 is this nugget — the City will be going from six (6) engines to five (5) engines.  We’ve had six fire engines in Fullerton for many, many years.

At no time has the City come forward with any candor to admit to this change, except when I brought it up during the previous City Council meeting.  Even then, none of our council members seem to care very much.

This change may well result in every property owner in the City paying higher property (fire) insurance rates. One of the factors that insurance companies use to determine rates is the Insurance Services Office (ISO) Public Protection Classification (PPC) score calculated for every fire district around the country.

The ISO score takes into consideration many factors, including the strength of the fire department and the City’s water supply.   More specifically, the fire department score includes calculations for the number of engine and truck companies, their locations around the City, and the number of firefighters on duty.  The fire union agreement, set for final approval on Tuesday, reduces the level of staffing by 1 position per rotating shift, which will further reduce our score.

Fullerton scored 76.71 points out of a possible 100 the last time ISO evaluated the City of Fullerton in 2012.  This equates to an ISO PPC “class” of 3 on a scale of 1 to 10 (with 1 being best).

You can read the full report here.  As much as the City wants to rubber stamp the agreement and forget all about it, this is very much a matter of public policy that warrants further discussion.  We will likely pay more for homeowner’s insurance due to the City having one less fire engine in service.

Do we, as a City, want to:

  • Pay more in homeowner’s insurance premiums in return for less fire department staffing and resources?
    -or-
  • Pay more in taxes to maintain the current level of fire department staffing, and, hopefully, preserve lower insurance premiums?
    -or-
  • Pay the same amount in taxes, for the same, or even improved levels of fire department staffing, by forcing the firefighters to contribute more toward their pensions?

This is a choice that needs to be made now before going any further.  I suggest attending Tuesday’s meeting prepared to speak, and/or send your thoughts to council@cityoffullerton.com.

Former Fullerton Cop Sonny Siliceo to Serve Jail Time

Two of FPD’s worst now-terminated officers — Sonny Siliceo and Albert Rincon

Former Fullerton Police officer Miguel “Sonny” Siliceo — recently fired by the department — yesterday pleaded guilty to a misdemeanor charge of PC 149, Assault and Battery by Officer.  The conviction follows on the heels of a false police report filed by Siliceo accusing a man of resisting arrest.

What the Orange County DA press release conveniently left out is that Sonny was originally charged with PC 118.1, a Felony.  As is common with criminal cases, a plea bargain of a lesser charge was offered to avoid going to trial.

And what a bargain it was.  Not only did Sonny escape a Felony on his record, the plea deal ensured his CalPERS pension would be left intact.

Under California Govt. Code section 7522.72, a Felony conviction in the performance of official duties would have barred him from accruing additional CalPERS service credits after July 9, 2015 — the date of the crime.

Instead, Sonny remained on patrol until October 2016, and then on paid administrative leave for well over another year, all the while collecting a salary and accruing additional CalPERS credit.  Given Sonny’s salary of over $100K, and under the 3% @ age 50 retirement formula, the time between the July 2015 date of the crime and his February 2018 termination guarantees him an extra $7,000 to 8,000 per year (maybe more) until the day he dies.

This miscarriage of justice will net Sonny, currently age 52, an additional:

  • $283,977 to $324,545 — if he lives until age 82
  • $422,814 to $483,216 — if he lives until age 92.
    (figures include annual 2% COLA increases)

It is important to emphasize this is NOT the total size of his pension, it is the additional amount he will receive after the date of the crime he committed while on-duty.  He gets to keep this money because he was convicted of a Misdemeanor, not a Felony.

Quite the deal in return for a measly 30 days in Orange County Jail and three years of probation.  Crime really does pay when you’re a government employee and the DA has no desire to pursue a felony conviction.

New Taxes Are Coming . . . And Far Worse

The end comes soon.

We hear drums, drums in the deep.  They are coming.

They are coming.

Fullerton’s general fund hemorrhaged cash over the last half decade, losing tens of millions of reserves, and now stands at the bare legal minimum.  This blog, and others, warned Fullertonians of the looming fiscal cliff for some time, only to be dismissed by the powers that be as the hateful screed and wails from malcontents.

That cliff is here.

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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.

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.

A Trip Up and Down Memory Lane…AKA The Pine Wood Stairs.

“Pine Wood Stairs” looked a lot better in concept than in reality…

Back in May, FFFF documented the lamentable construction disaster of the Pinewood Stairs, a $1.6 million boondoggle created by City staff, whose construction defects were so bad and so plentiful that a reasonable person might even inquire about how we could get our money back. In fact, City Councilman Sebourn mumbled something about getting our money back, then said he was just kidding. Bruce Whitaker said nothing at all. On Facebook City Hall bureaucracy advocate Gretchen Cox cooked up a story about some alleged City “report” that exonerated all concerned.

Nine months have passed and I thought it might be interesting to revisit the site of the fiasco and share a visual tour to take another look.

Here’s a typical example of a project with nobody in charge and nobody who knows what they’re doing.

The caisson footings with the wood posts are almost all cracked; some of the posts aren’t even vertical. Some of the caissons are out of plumb, too.

Aspects of the construction reveal building that was cobbled together to make the contraption fit together.

 

Now, as then, the wooden rails are extremely rough and splintiferous.

Rough cut

The lack of quality workmanship, structural and cosmetic remains in evidence. And those fraying cable ends? Why, they’ve been taped! Of course the tape is falling off.

Simple things – like removing the cardboard tube form from the caissons seem to have eluded the City’s crack inspection team. Crack. Get it?

Basic design oversight problems were jerryrigged and never addressed properly at all.

Weird features that are nothing but potential for risk management headaches and taxpayer payouts are still much in evidence – like this trip hazard. Shrug, indeed.

Loose cables. Down the hill goes the toddler.

As usual, maintenance of  public property remains a challenge for the City. Loose ends are not their specialty.

How hard is it to keep a tree alive? Don’t bother asking. You won’t get an answer.

The effects of the inevitable pedestrian shortcuts betray both design and maintenance failure. It looked better on paper.

We have been assured by people who don’t know what they are talking about that everything was just grand about this grand failure; but, the evidence did and still does point to the exact opposite: a project that suffered from fundamental design shortcomings, incompetent and careless construction, a construction manager whose only function seems to have been to cash our check, and inspectors who were (and probably still are) a disgrace to their profession.

As you can see driving up Harbor, the City is now building its splendid new entry to the park – including a bridge – costing millions and accomplishing nothing but wasting park construction resources. Apart from the obvious uselessness of the project I have to wonder if it will suffer from the same dereliction that informs the so-called “Pinewood Stairs.” Nothing leads me to hope for the contrary.

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.

The Waiver

Gravity asserts itself…

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.