It’s All Just a Case of Miscommunication

How funny. When you hire a lawyer the City’s legal minions suddenly realize that peddling bullshit may just have ramifications. They become slightly less obnoxious to the citizens they are supposed to be working for.

I’m not telling the truth and you can’t make me…

In the case of Jennifer Fitzgerald’s phone records from the early morning of November 9th, 2016, the public was first told that there were no responsive records. FFFF knew that was a lie because Fitzgerald herself admitted she was in communication with the police chief, Danny “Galahad” Hughes that night; and Hughes memorialized his conversations with councilmembers the very next day in a written memo.

That was when FFFF decided to lawyer up.

Well, here’s the response FFFF attorney, Kelly Aviles, received to her first demand letter. Mostly it’s a clarification about what FFFF wants. But the final page of the response contains this priceless gem:

 

 

Seems it was all just a “miscommunication,” donchaknow, in which the poor, befuddled lobbyist-councilwoman Fitzgerald thought members of the public were seeking information about some whole other day, you know, just for the heck of it. But boy was she hustling to cooperate when she found out what FFFF really wanted!

Yeah, sure, whatever you say, “Jen.”

Budget Proposals Call for Elimination of City Positions

FFFF was just sent a few pages from the latest budget proposals, which the Fullerton City Council will soon vote on. The true costs of Fullerton’s pension debt are coming to bear, as the proposals call for the elimination for firefighters, police corporals, maintenance workers and security guard services.

These reductions will be necessary in order to offset significant increases in CalPERS pension payments for existing employees. Most of the budget is allocated to staffing, so city staff claims there are very few non-staffing cuts to be made.


From here, it will only get worse. CalPERS will continue to lower its discount rate, triggering higher bills for cities across the state. We are looking at many more reductions in services and increases in taxes and fees over the next few years.

I’d like to get out now.

Will our council have the guts to pull the trigger and start making severe cuts now? Or will they postpone action until insolvency becomes inevitable?

A March for Science, Road Closures and the ACLU

On Saturday the city will shut down several public streets for an event called the “March for Science.” It’s the local version of a nationwide protest of federal budget cuts to scientific research. While the event organizers claim that it is non-partisan, critics say its the nerdy version of yet another anti-Trump protest.

Mad scientists

Naturally the city bureaucrats were eager to accommodate to the public’s expression via a gathering on the city hall lawn and a march through downtown streets, right? Of course not. The City of Fullerton declined the assembly. Organizers were told to come up with $12,000 for city fees, a $2 million insurance policy and provide 90 days notice before starting the march.

What were these fees supposed to pay for? $8,000 went towards some sort of a traffic control plan and $4,000 was earmarked for police fees. Specifics costs were unavailable, but we can read between the lines: it’s $12,000 to put up plastic barricades and have some cops stand around, collecting overtime.

The ACLU got involved and lit up the city for charging excess fees they claim were intended to “discourage community members from exercising their First Amendment rights.”

Predictably, the ACLU communique prompted a change of heart at city hall. City management found a way to drastically reduce fees to a mere $175. The march will proceed as planned, without most of the ridiculously expensive bureaucratic requirements.

The moral of this story, of course, is that city hall’s default reaction to 1st amendment activity is to put up artificial financial/administrative barricades and prevent the unwashed masses from organizing and criticizing government. Around here, if you can’t bring in a lawyer to assert your rights, you’re nobody. That sounds familiar.

On the other hand, I am reminded of a peaceful Fullerton march that occurred in 2011 without lawyers, city approval, plastic barricades, insurance policies, traffic control, fat cops on overtime or any sort of certificate of authenticity. How did that happen?

 

The Infection of Unaccountable Money

This is the second in a series of posts written by our Friend, Fullerton Engineer.

Anybody who thinks the problem with transportation and “transit” funds  is that there aren’t enough of them, either isn’t paying attention or is profiting off of the notion – either as a government bureaucrat, a consultant, a lobbyist, or an engineering construction contractor. The partisan political yappers can be added to the list too.

California government is awash with money. It is also awash with the characters and interests listed above, who all stand to gain from the new Gas Tax that will be levied on everybody else. Sure, everybody benefits, right? And the mantra of “our infrastructure is crumbling?” It sounds dire and maybe it is. But the solution is not new taxes, but effective and accountable use of the resources we already have. Until our governments can demonstrate that they are responsible stewards of what they have, why entrust them with any more?

As was recently noted on this blog, governments are rarely penalized for their misuse of their property, and the same goes for misuse of existing funds; and it would never occur to the transportation lobby to shape up. Why bother, when a helpful Legislature is more than happy to raise taxes and then start handing out salvers of freshly slaughtered pork? The simple fact is that grant funds from a distant government attracts a long line of bureaucratic applicants willing to spend that money in any fashion that meets the bare minimum of requirements from other bureaucrats in Sacramento. This diffusion of authority and ultimately the lack of coherent oversight is at the root of California’s current infrastructure woes. The fact that every dollar sent off to Washington or Sacramento or even collected by OCTA comes back after a big whack has been taken off the top only exacerbates the situation.

And then there is the problem of “transit” projects, a bottomless well of bureaucratic mismanagement, political corruption, and misuse of public funds for pet boondoggle projects that provide minimal, if any benefit to the public, but lots of benefit to the people entrusted with spending the money and those receiving it.

It may have been expensive, but it sure was unnecessary…

Which brings me to case of The People of Fullerton v. the Added Train Station Elevators,  a study that will examine the long and painful (and ongoing) history of this completely unnecessary project that is quickly approaching a $5,000,000 price tag. This comedy of errors and overspending was to be paid for with funds from sources apart from Fullerton’s Capital Funds, namely State transportation funds Prop 1B and Prop 118,  and of course the completely mismanaged OC Measure M Renewal funds. When somebody else is picking up the check it’s a lot easier to lose sight of priorities and interest in accountability. In this instance the availability of this play money has acted like a disease that has rendered everyone senseless and indifferent – a sort of malaise in which no one seems to care about what they are doing or how much it costs.

Fullerton Engineer

Chaffee Relieves Self on SCAG

This fun clip has it all, drama, comedy and an anti-climactic bathos that can only come when plumbing the depths of political axle greasing. The topic? The Fullerton City Council choosing a delegate to attend the SCAG annual conference at a posh desert resort.

Right out of the gate, Councilman Doug “Bud” Chaffee assertively announces his disgust with SCAG and their staff, proclaiming his desire to withdraw from the regional planning operation altogether, and even wishing it would go out of business. This brief ejaculation elicits two surprised “wows” from our lobbyist-councilperson, Jennifer Fitzgerald. Fitzgerald has reason to be surprised – and worried. These sorts of footling conferences are designed to throw lobbyists and politicians together in a symbiotic clutch, all the while partying on our dime(s). It sure wouldn’t look good for SparkyFitz if Fullerton did pull out. Using organizations like SCAG to pull and persuade the strings of public policy is how people like her employer, Curt Pringle, make their well-compensated living.

Chaffee, to his credit sees SCAGus interuptus as a way to save the City $23,000 in annual dues. And, credit where credit is due. Greg Sebourn eventually seconds the idea of withdrawal from SCAG for the agenda, at which point Interim City Manager Roeder helpfully steps in to steer the ornery indians back onto the reservation. These types of memberships, says Roeder, will all be open for examination come budget time. Hmm. Well, we’ll see about that.

But Fitzgerald will not be diverted from the task at hand: she quickly announces that she is going out there “for work” anywaythus fulfilling the suspicion that for her the trip might be the unsavory act of somehow representing both her loathesome boss Curt Pringle, and the people of Fullerton at the same time.

In the meantime it may be a good idea to reconsider membership in other big government organizations that exist for the benefit of lobbyists, public employees and a liberal political agenda: the League of California Cities. And let’s not forget the Association of California Cities – OC, another useless lobby shop where our own Jennifer Fitzgerald holds exalted office.

Newman Recall?

That didn’t take long. Radio host and former San Diego City Councilman Carl Demaio is starting a recall effort against Fullerton’s own state Senator Josh Newman. Here is Carl on the John and Ken show yesterday discussing Newman’s participation in the massive $5.2 billion California tax hike.

John and Ken reckon that Fullerton is a great place to kick off a rage-fueled recall effort. History says they’re right. It will be fun to see if Newman can be held accountable for his massive error.

Burn Down Hillcrest Park?


Another City Council agenda, another questionable proposal by Parks & Recreation.

Next Tuesday, the City Council will consider a new location for the Fourth of July fireworks and celebration.  The Fullerton Union High School stadium is no longer available for such purposes.  News of the impending change has been known for some time, yet Parks & Rec waited until 2½ months before July 4th to bring this to the council for a vote.  Great planning!

Have a look at the agenda letter:

“Although considered, some of the these venues don’t have the sufficient capacity to hold the expected crowds and comply with Fire Department’s ingress / egress requirements; adequate firework firing zones / fall-out zones; or are too costly.”

Say what?  Three sentences later, they propose to use Hillcrest Park as a fireworks launch area.  Yes, the same Hillcrest Park identified by the State of California as being within a “Moderate” Fire Hazard Severity Zone (FHSZ).  The same Hillcrest Park that lost many trees during the multi-year drought.  The same Hillcrest Park that had 50 to 75 trees planted on Arbor Day to replace what was lost during the drought.  I think you get the idea.

No mention is made whether the Fire Department approves of this idea, only that the City’s “pyrotechnic consultant” gave the green light.   One would think if the Fire Department expressed concerns about hazards at CSUF, Amerige Field, or the softball fields at FUHS, they would be just as concerned about mature trees at Hillcrest Park going up in flames.

Lions Field

For the sake of discussion, assume fireworks launched from Hillcrest Park will be deemed “safe”.   How prudent is it to have festivities at Lions Field?  The City spent an extra $1.7 million to install synthetic turf there in 2010.  With extra foot traffic and “vendors, attractions, main stage, VIP and staff area…” using the field, preventing turf damage will be nearly impossible.  Have they taken this into consideration?  Probably not.

The agenda letter suggests “ample capacity” for necessities like parking.  Lions Field and the lower Hillcrest parking lot have about 170 parking spaces.   Everybody else will have to park their cars at North Court (like in previous years), the Elks Lodge, along Brea Blvd, at private businesses, or in adjacent neighborhoods.  Parking problems will be an issue no matter where the festivities are held, unless, of course, CSUF could be used, which leads me to ask…

  • Why is CSUF not a viable location?  The agenda letter makes reference to another site being “too costly” but is devoid of specifics.  I can only assume the location being referred to is CSUF.  How much would it cost?  Has the City approached CSUF for leniency on fees?  What did they say?
  • What about Fullerton College?  Did the City approach NOCCCD about hosting the event there?  What did they say?
  • What about the Parks and Recreation Commission?  How did they vote on moving the venue to Hillcrest/Lions Field?  Oh, wait, the matter was never brought before the commission for a discussion and vote.   Had the meeting not been cancelled, this would have made for a timely discussion at the March 13, 2017 Parks & Rec meeting.

This type of nonsense has, embarrassingly, become business as usual for the Parks & Recreation Department.  The commission is regularly bypassed on important issues. When those issues are presented to the City Council for a final vote, the department does so on an absolute last-minute basis — often with erroneous or incomplete information — leaving no time for a continuance, or for other options to be explored.

The residents of Fullerton deserve a lot better.  I wish the City Council and City Manager would put their foot down and say enough is enough.

Coto Joe Kerr Registers to Vote in Brea, But May Have Left Something Behind

Looks like Coto de Caza millionaire/union executive Joseph Vincent Kerr registered to vote in Brea at the end of January. Why? Why to carpetbag his way into a political campaign for County Supervisor, representing us in the 4th District. Hmm. Now that’s not very good, is it.

 

 

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

Here is Coto Joe’s previous address, a million dollar house that he must be hanging on to since he hasn’t sold it. But if Joe did move, even pretend-like, he may have left an important item behind, namely, his wife. China Kerr, is still registered to vote in the posh environs of Coto de Caza:

Oops. I knew I forgot something…

 

And Joe’s alleged new crib? It’s a rather depressing little box owned by one Douglas C. Martinson, also the name of a jailer for the Orange County Sheriff’s Department. So is Coto Joe really even living here? Hard to believe, isn’t it? Just as hard to believe as Irvine McMansion owner Linda Ackerman living in some Fullerton dude’s game room; or Elegant Yorba Estate owner Harry Sidhu, living in the Calabria apartments – behind a pool hall and bowling alley.

Like his carpetbagging predecessors, Coto Joe is wisely hanging on to his real estate – the big house in the swanky community behind guard gates, where his wife is still registered to vote. It’s not even listed for sale, although Joe declared his new abode, under penalty of perjury, ten weeks ago.

 

The Rip Off

We have been asked by one of our Friends to publish the following post:

Now that our Legislature has passed the obscene Gas Tax, the usual liberal Democrat suspects have popped up to add their voices in high hosanna to the deed. Their script, as usual, is the old, tired mantra of affiliating more taxes with good government, as if the two things had more than a distant correlation. Generalities are the stock-in-trade of this crew. It’s too bad the opponents also tend to speak in generalities about the existing waste in government transportation planning and execution.

I’m going to talk about waste in government, too. But I am going to do it with specifics in near-future posts that will closely examine a “transportation” project that was planned entirely with earmarked transportation funds to demonstrate the crazy, almost obscene ways in which these funds were budgeted, and are being spent.

Does a single project represent a current state of affairs? Given the fact that the State and County governments are always “educating” us about their strict compliance with rules and regulations, and given the fact that the County Measure M extension, for instance, was sold with the idea of a rigorous auditing process complete with Oversight Committee, I am going to posit an affirmative answer to my question and challenge someone to prove me wrong. This should be easy if indeed I am wrong.

Held up by wishful thinking…

So what’s the project? Is it some distant, unknown pork boondoggle in some liberal, urban bastion? Ah, no. It is the ridiculously conceived, horrendously over budgeted and overstaffed, and seemingly bungled-out-of-the-gate elevator addition project at Fullerton’s own train station.

Fullerton Engineer

Newman & Quirk-Silva Help Families Prioritize Spending

By Making Sure They Have Less Money to Spend

There are few things harder than trying to prioritize your spending. This is easily evidenced by the new law which is slated to bring in “much needed” transportation funds to fix our ailing infrastructure and yet amazingly has close to the same price-tag as Jerry Brown’s Bullet Train to Nowhere. The train is currently slated to cost $68Billion while the new tax will bring in $52Billion over 10 years. If we stopped the Brown’s Folly we would be able to pay for our infrastructure but alas those whacked priorities in Sacramento.

Enter Josh Newman (D. 29th State Senate District) & Sharon Quirk-Silva (D. Assembly District 65) to save us from the grief of budgets and the balancing acts that follow. They both surely read the study that claims that poverty taxes the brain and are thus worried about the poorest amongst us. What better way to make sure the poor can make fewer bad decisions than by pricing them out of those very decisions?

Please Sir, may I have my State back?

This is an act of benevolence on the part of our elected betters. Nay! An act of sheer mercy. We tried shaming you out of going to McDonald’s so now we’ll just increase prices so you can no longer afford it.

Of course this new tax increase has led to a flurry of interest and even the call for recalls. However we would all be remiss if we didn’t give credit where credit is due. We should acknowledge that Newman & Quirk-Silva, along with their (D) allies such as Senator Anthony Canella, have finally found a way to try to balance the budget on the backs of everybody as opposed to simply taxing “The Rich™” or “The 1%™”.

The rich will certainly be hurt by Newman and Quirk-Silva’s $100/year tax on zero emission cars that doesn’t go into affect until 2020 (with the gas taxes going into effect this coming November and the increase in the vehicle license fees next year). However even if the zero emission fees were immediate the $100/year isn’t so bad owing to the heavily subsidized nature of Teslas & other zero emission car sales in the first place. It could take up to 70 years before the rich will have paid back that subsidy $100 at a time.

No, this new tax is first and foremost a tax on the poor. After all of these years of saying that people need to pay their “fair share” of taxes the (D)s finally approved a bill that further socks it to the poor in a way they can’t escape. While quite a bit of ink has and will be spilled on both inflation-adjusted taxes which include the increase of $0.12/gallon on fuel and $38/year in registration fees less ink has been spilled on the $0.20/gallon diesel excise tax increase or the $0.04 increase in the sales tax on diesel fuel.

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