Where Is Albert Rincon?

The police unions in California have become so powerful that they have paid for legislation that makes it virtually impossible to find out anything about individual cops, including the ones that shame their badges and violate their oaths.

In Fullerton we have seen how this curtain of secrecy immediately descended when Kelly Thomas, a homeless man, was bludgeoned to death by several members of the police department. Well, okay, some of these goons were eventually brought to the bar of justice, and they get the same rights as the rest of us, even if it takes a veritable act of Congress to get crooked cops charged with a crime.

Of course the difference between them and us is that if they arrest us for something, our pictures can be plastered all over the evening news, and forensic evidence be damned.

So let us now consider the case of Albert Rincon, poster boy for the FPD Culture of Corruption, and the creep you will nevermore hear McKinley, Jones or Bankhead or Lou Ponsi talk about. Over several years, Rincon serially violated department policy by turning off his DAR and then, according to numerous complaints, sexually assaulted women in his patrol car. Rincon was given “pat-down” training as a corrective measure and sent back out on the streets of Fullerton to molest more females.

The City was upbraided by Federal Judge Andrew Guilford, for its years’ long tolerance of Rincon’s behavior as he denied a summary judgment in a civil suit brought by two of Rincon’s victims. The City immediately settled with the two women for a massive $350,000. And here’s where it gets even sicker, if that’s even possible.

Sometime in October, Rincon left the department. But we are not permitted to know the details. And for that matter we know nothing of the separations of the iPad thief, Kelly Mejia, or the Brady Cop, Vincent Mater.

Were these people fired? Were they permitted to quit? Are they still, or can they become cops someplace else? These things we shall never know – unless they continue the behavior cultivated under the corrupt chiefship of Pat McKinley, and get caught again.

But the case of Albert Rincon deserves special attention. We cannot see what this perverted sociapath looks like, nor know where he went, although such behavior by a civilian would certainly have resulted in a conviction and a life-long sex offender tag. That civilian’s name would be in an index the rest of his life; but not Rincon’s.

For all we know Rincon may already be a police officer in some other jurisdiction, fulfilling his life-long dream of being a cop.

Such is the ridiculous shroud of secrecy and special protections the cops’ politicians have erected for their patrons; the shroud protects all cops, good and bad. And that’s the way they want it.

Who is going to fix the Fullerton Police Department?

And how are they going to do it?

There are a lot of things wrong in Fullerton and a lot of issues at stake in this race.  But one looms over them all.

What are we going to do about our assault-happy cops?

The Kelly Thomas murder was just the culmination of an escalating pattern of brutality and sadistic violence committed by our city enforcers of the law.  This is not exaggeration or casting aspersion as has been documented on this blog with precision and accuracy.  These are not all official facts ; they are all well-documented facts.

Unfortunately here is how the system works.  When a cop decides that for the fun of it he’s going to slam your head into a concrete wall or into the pavement with all his force and then arrest you for Resisting Arrest, you can file a form about it.  That form gets “investigated.”  The results of the investigation are minimal, the officer is usually exonerated, or the complaint is closed without comment.  The record of the cop who did it is unavailable for review by anybody but the Chief or an attorney who needs this information in a court of law.   What we know for a fact this means is that any random police officer can build up a record of brutalizing and seriously injuring random citizens for any reason with virtual impunity.

Also, there is the “respect” thing.  Numerous anecdotes confirm that pre-Kelly Thomas days, giving a Fullerton police officer a little bit of lip meant you were giving up your civil right not to be battered into a bloody pulp and thrown in a cell for good measure.   Because of course people who would do something like that to their fellow human beings because they feel disrespected are so deserving of our respect.  Or something like that.

That’s the FPD.

What I want to know from our fearless candidates is: what are you  going to do about this?  And how are you going to do it?

Larry Bennett’s Hot Air Balloon Deflated. Again.

Another bag of hot air goes down.

A few weeks ago Larry Bennett posted some wild-ass claim on his website that the Recall had broken some rule about reporting expenses . He was threatening to call the Fair Political Practices Commission by February 22. In the words of Doc HeeHaw, it looks like Larry’s a-steppin’ on his own weenie, again.

Our Recall Treasurer, Helen Myers, called the FPPC, and here’s what she learned:

Dear Tony,

As per your request I reviewed the assertions made by Larry Bennett on the anti-recall website and discussed them at length with the FPPC.  As per my initial beliefs I confirmed that we are in compliance in all matters raised by Mr. Bennett’s post.

Obviously we are aware that we did not launder funds or misreport income and expenses, but the claim that we’re in violation of an election code by not reporting payments made by Tim Whitacre to his people is incorrect according to the FPPC.  All expenditures, large and small, were correctly reported on form 460 and form 461.  It is pretty clear to me that Mr. Bennett was reaching rather desperately, which was made even more obvious by the fact that he would have simply filed a complaint had he truly had legal basis.  In case you care to read for yourself, According to the FPPC Campaign Manual 3, page 7-19; you will read:

The names of individuals paid to collect signatures (petition circulators) are not required to be disclosed on the campaign statement.  However, a business entity, including a sole proprietorship, that contracts with a committee to obtain signatures must be identified.  For example, if Hector Gonzales is an independent contractor that contracts with a ballot measure committee to obtain signatures in Sacramento County and he does not personally ask voters to sign petitions, but contracts the work to college students, the names of the college students are not required to be disclosed.  Hector Gonzales must be identified as a vendor to the committee.

I correctly issued to Mr. Tim Whitacre a 1099-misc. form in the amount of $64,177.  And he, in turn, issued 1099-misc. forms to those persons who collected signatures through his company.  I also verified with the FPPC via telephone that these expenses were, indeed, properly reported.  Frankly, Bennett’s comments are simply foolish.

As a side note, it amazes me that somebody like Larry Bennett is working so hard to keep such persons in office.  Does he somehow have his snout in the pig trough?

Sincerely,

Helen Myers

 

 

On the Agenda – December 20, 2011

Hang on to your common sense- you may need to share some at the upcoming City Council meeting.

Here is a brief look at what the City will be looking at on Tuesday’s agenda.

Rusty Kennedy will be there to justify his job as the head of OC Human Relations plus there will be presentations to the Boys & Girls Club and CalGRIP.

In Closed Session the Council will be discussing various pending litigations, police/fire management labor negotiations, and the condemnation of 201 East Bastanchury for the widening of Bastanchury.

The consent calendar is full of baffling buffoonery.

Item 2 looks to give City Manager Joe Felz a contract and full salary of $212,000 per year.  He gets lots of perks as well like a one year severance, City-owned car, no benchmarks for success, and future raises tied to the raises of his subordinates.  That’s just goofy, not to mention poorly timed.

Item 3 is the Group Insurance Program contract renewal.  The premiums, as expected, are going up but staff wants you to think this is ok because they aren’t going up as much as they thought they would which looks on paper like savings.  The City should do like most employers and place a cap on the employer contribution in the form of a fixed dollar amount, not a percentage.  For Pete’s sake, isn’t there one person in City Hall who gives a rat’s ass about the taxpayers?

Item 4 is ends a special tax in Amerige Heights but then in item 14, the City looks to impose another tax on Amerige Heights.  The City just loves to tax.

Item 5 will cause most eyes to glaze over.  The Measure M2 Expenditure Report tries to show where the money went -or more aptly stated- where it didn’t go.

Item 6 is a request from the City to the Orange County Transportation Authority.  City staff would like to enclose the Brea Creek Channel in front of Hillcrest Park and create an additional northbound lane on Harbor Blvd from Berkley to Brea Blvd.   The total cost is estimated at $2,850,060.

Item 7 is a contract award for elevator design for the pedestrian overpass at the Transportation Center.

Item 8: The City will accept a 26 year old offer of dedication for right-of-way along State College at the BNSF railroad crossing and grade separation.

Item 9 is an approval to build room additions at the Airport.  On a side note, why do they always go low-bid?  The lowest bidder is often lowest because they do not understand what is involved and how to deliver the quality needed.

Next up, item 10 is a service agreement for the Richman sewer replacement from Commonwealth to Fullerton Creek and then to Woods Avenue.  The design and preparation of plans is estimated to cost $132,869.

A slew of parking restrictions fall under items 11 through 13.  They include no parking on Arroyo, 20-minute parking on Euclid, and early morning restrictions along Wilshire Avenue.

As previously mentioned, item 14 is a Mello-Roos tax in Amerige Heights. Expect Councilman Bruce Whitaker to vote NO!

Amerige Court is back with another amendment to the development agreement on item 15.  This will give the developer another 2 years to get their act together.  Thank the Fullerton Redevelopment Agency.

Item 16 is the Memorandum of Understanding (MOU) between the City of Fullerton (a.k.a. YOU) and the Fullerton Management Association (a.k.a. middle management and upper management).  They get the same basic package as the other employees: reinstated pay, 7% contribution to their pension, and lots of holidays off.

Item 17 is the resolution that gives department heads the same basic package as the other employees: reinstated pay, 7% contribution to their pension, and lots of holidays off.

Item 18 seeks to merge Engineering and Maintenance Services which will save about $300,000.  This will formalize Engineering Director Don Hoppe’s promotion to Public Works Director.  Considering what Hoppe has done with our roads, one can only hope we aren’t being penny wise and pound foolish.

Item 19 is an overhaul of West Fullerton.  It scraps old bus benches and targets vandalism and lighting.  These issues have been brought up more than a few times at community meetings.

Item 20 is a request for federal funding for affordable housing and City-administered welfare programs.  Among those receiving money, Code Enforcement (a.k.a. Community Preservation) looks to receive $337,500.  A relatively small amount, $150,600, will go to cover “public service activities” like Nutrition Services Program ($5,000), Boys and Girls Club After School Program and the Club’s Youth Gang Prevention ($44,000), Long Term Care Ombudsman Service ($17,200), Fullerton Fair Housing Services ($20,000), New Vista Shelter Life Skills Training ($9,600), Meals on Wheels home delivery ($30,800), Cold Weather Armory Shelter ($8,000), Women’s Transitional Living Center Shelter Program ($8,000), and the YMCA’s Richman Center Youth Achievers ($8,000).

A New Sheriff in Town?

I cleaned up the OCSD and I can help you, too...

I keep hearing persistent rumors that the Fullerton City Manager Joe Felz has had discussions with high level County officials about the possibility of abolishing the Fullerton Police Department and replacing it with the Orange County Sheriff’s Department.

Apparently the hook is not just the recent revelations of FPD misconduct, perjury, cover-up, crimes high and low, a spokesman caught blatantly lying, and the attendant PR curse that the department has visited upon itself. There is an issue of huge cost savings. And I mean huge.

While the prospect of getting honest, competent and respectful police services from the Sheriff’s Department is probably only marginally more likely than with the FPD (and there’s no way in the world it could be worse), extrapolating from current costs in contracted cities, using the OCSD could save the taxpayers of Fullerton as much as $13,000,000, per year from the FPDs bloated budget of $37,000,000.

That’s a whopping 37%, and $13,000,000 could go to a lot of things Fullertonians hold near and dear.

In this era of government fiscal constraint brought about in large measure by irresponsible decisions by dimwits like Don Bankhead, Dick Jones and PatMcKinley, to hand out exorbitant pay and benefits to “public safety” employees, everything should be on the table.

 

Reasons to Oppose Fullerton’s Water Rate Hike

Tuesday night’s City Council agenda is set and among the many items for consideration by council members is a water rate increase.

The increase would raise water revenue by 7.8% but it is not clear how that increase would be spread among different rate classes. Some will feel the increase more than others. This cloud is just one of the many reasons I oppose this rate increase.

Other reasons include the hidden water tax, economic timing, city management’s long-standing philosophy on infrastructure, the likely law suits due to improper notice by the City, shortsighted conservation efforts, and the general feeling of distrust by consumers.

10% of every water bill gets diverted or skimmed from the water fund and transferred into the City’s General Fund. 80% of the General Fund goes to cover public safety employee benefits. Outside of City Hall only a handful of people know about this tax. In my opinion, it gives the appearance that the unions are embezzling public funds. The General Fund does not contribute any funds back into the water system. Removing this hidden tax would allow the water system to retain about $2.5-million for pipe replacement.

Fullerton residents and businesses are struggling to survive. The elderly and disabled have never had this magnitude of cuts in services and funding now on the table and being debated in Washington. There are other measures yet to be instituted which could provide a financial buffer for the next year or two. City management must exhaust all avenues before resorting to a rate hike in the midst of the worst recession since the Great Depression.

For decades, city management has turned a blind eye to the infrastructure. Unless the repairs or replacement was in a redevelopment district, the City would put off any work. Instead, the city sought to spend $6-million on moving a McDonalds 200 feet, $30-million* in bonds for housing (*will amount to more than $50-million when paid off), and more than $12-million to revamp the Lions Field athletic complex. Meanwhile, our water lines are failing, our roads are crumbling, our streetlights broken, and who knows what else is in disrepair. The proven ability of city officials, from council members to department heads, to go along with whatever hot new trend presented itself despite the obvious deficiencies in our infrastructure is unforgiveable. While some were getting bronze plaques with their names on it, the rest of us are left to foot the bill. Enough already!

The Howard Jarvis Taxpayers Association has indicated that the Proposition 218 rate increase notification received by some water customers last month does not comply with the requirements of the law. Fullerton’s notice is insufficient according to Timothy Bittle, Director of Legal affairs for the Howard Jarvis Taxpayers Association. “[T]hey can’t tell anyone yet what the new amount of their fee will be. That’s not compliance with 218!” says Bittle.

A recent survey of 122 public agencies by the Sierra Club shows Fullerton’s water conservation efforts sadly on par with the infamous city of Bell. The survey gives Fullerton 8 points out of 20. Out of the 122 agencies surveyed, only 16 scored worse.

Finally, people have lost a great deal of trust in their government at all levels and why wouldn’t they lose trust once they realize the City has been charging them with a hidden tax that does not benefit the water system. Most people who do not deal with City Hall regularly get frustrated at the run around they receive. One person tells them to do one thing and someone else tells them to do something different. Many are simply discouraged by driving on Fullerton’s poorly maintained streets. Others, like me, have watched the same section of water line replaced three or four times in just 24 months.

For these reasons and more, I strongly oppose this water rate increase and believe that our city can and should do better to serve the public before considering any rate hikes.

City of Fullerton’s Proposed Budget Unveiled – $274.9-Million To Be Spent

The City of Fullerton unveiled the proposed budget for fiscal year 2011-2012 and 2012-2013.

The budget appears to be largely a rearrangement of the deck chairs with no real cuts proposed.  There are proposed cuts in certain projected spending to help make up for significant increases in employee benefits.

There were no explanations about the benefits increasing which Councilmember Whitaker took issue with.

Councilmember Quirk-Silva reminded staff that last year there were several ideas proposed for generating revenue and increasing fees such as the tow franchise which will be heard by the Council later this year.  Quirk-Silva expressed appreciation that the tow franchise was moving forward but would like to know about the other measure proposed last year.

One of my major concerns continues to be the infrastructure.  As Public Works Director Hoppe pointed out, we still have a nearly $150 million dollar paving deficit to deal with.  The current paving plan does not adequately address this nor does this proposed budget.  I hope the council members and City Manager Joe Felz will give serious consideration and address our infrastructure with this budget.

Below are the summaries for the proposed budget. (click on image to read)  The big question remaining in my mind is how does $274.9 million in taxpayer expenditures next year benefit my family, my neighborhood, and the quality of life in my community?

 

The Third Man

The bank account is empty. I'll be leaving now.

The election to fill the vacancy caused by 3rd District Supervisor Bill Campbell’s 2012 departure is starting to shape up as a slugfest between Todd Spitzer and Chuck Devore.

Um. no thanks, I've already eaten.

An interesting choice, but one that may cause some to wonder if a better choice isn’t available to succeed Campbell. The departure of latter, who has been just about as liberal, big government a RINO as is humanly possible, presents an opportunity for some real small government conservatism.

That would not be me.

Enter Todd Spitzer. Fired by the DA last August for, well forget what for, it hardly matters anymore, Spitzer brings a huge campaign bank and an equally monstrous Board of Supervisors legacy as one of the green lighters of the disastrous retroactive 3@50 that has saddled the County with a huge unfunded pension liability. When he was on the Board, Spitzer developed a well-earned reputation as a megalomanaic media hound and shameless self promoter. He’s backed every measure designed to separate the police from accountability for what they do. The unions, particularly the cops, just love Todd to death. He’s one of theirs.

The Eagle Scouts are breaking 2-1 for Devore.

Then there’s Chuck Devore, the former assemblyman, whose earnestness and willingness to engage his constituents is commendable; he’s also been pretty good on fiscal issues although apart from budget time he wasn’t able to do much in Sacto. Devore also believes that permitting gays to get married will open the floodgates of Gomorrah as the degenerates seek to marry their pets and potted plants. Also Chuck’s neo-con blather is pretty typical of the misdirection of American foreign policy. Fortunately as a supervisor the last two points are virtually irrelevant.

How would Devore do as one of the overseers of the vast County welfare machine? Hard to say. He has zero experience on a five person executive board where politicking happens every day and where the shifting sands of alliances make things a little uncertain over a four-year term. Spitzer has been there and done that. He’s a known quantity. And that may be his biggest problem.

See that guy over there? I mentored him until I fired him.

The really fun part about this potential match-up is the way the repuglicans will break. One wing of OC repuglicanism, the Schroeder-Rackauckas-Mike Carona crowd will back anybody but Spitzer and will do it loudly and financially. Others will no doubt follow Spitzer – like Supervisor Pat Bates and the unspeakable Janet Nguyen have already appeared to do. And Spitzer has signed up ‘pug lobbyist John Lewis to work his camapign – and that speaks volumes right there. How will the Campbell/Pringle club go? I don’t know. But the Third District has been their little playpen, and Spitzer has ruined their plans to hoist and foist the mannequin Carolyn Cavecche.

The possibility of two well-supported republicans may suck in a Dem from Irvine or Anaheim to take a shot at the brass ring and maybe even take the top spot in a primary. And then there’s the clown-like Will-o’-the-Wisp, Harry Sidhu, who may just try another ego trip even though he has zero chance of ever being elected anything again, even in a district in which he actually lives.

Then there’s the fact of decennial redistricting. Some lines are bound to redrawn, but which ones? Will it matter?

Stay tuned and enjoy the fireworks!

 

 

The State of Redevelopment in California

Remember State Controller John Chaing’s review of  “Selected Redevelopment Agencies” in California?

His office’s five week study of a sample of 18 agencies (Fullerton was not in the sample of agencies) in the state has released a report:

http://www.sco.ca.gov/eo_pressrel_9789.html

The authors have come to some disturbing, but not unexpected conclusions beginning with “The Controller found no reliable means to measure the impact of redevelopment activity on job growth because RDAs either do not track them or their methodologies lack uniformity and are often arbitrary.”  No one who follows the travails of redevelopment in our state should be surprised by this revelation.

The full report is replete with examples of agencies in different cities improperly filing required reports or not filing them at all as well as using funds improperly.  Chiang concludes that “The lack of accountability and transparency is a breeding ground for waste, abuse, and impropriety…”.

Even this short term study confirms what many people in Fullerton and elsewhere have maintained for years, that redevelopment law in California has allowed local agencies to abuse their mandates with impunity from the very start with the dubious establishment of the areas themselves.

“The report notes that the 18 RDAs share no consensus in defining a blighted area.”  The definition of blight was, of course, at the very crux of challenges against the unjustified expansion of the Fullerton Merged Redevelopment Area.  It is encouraging to see the state government challenging agencies to define the blight in their cities in clear terms instead of allowing laughable images of gum wrappers and aluminum cans in a vacant lot to stand as justification for the wholesale diversion of tax dollars away from vital city services.

LA to Anaheim HSR on Verge of Derailment

Our friends over at the the Voice of OC(EA) are reporting on yesterday’s California High Speed Rail Authority meeting. And if you’re one of the repuglicans or make-work junkies supporting the unsupportable, the news ain’t good.

Everybody now admits that the LA-Anaheim link is the most impractical and least effective segment of HSR. In fact, if it is ever built, it may not be “high speed” at all! Hiding behind euphemisms like “phase-in” the reality is that this segment has been pushed all the way to the back of the CHSR bus.

Hilariously the HSR-ocrats are paying lip service to the Will O’ The People who voted a multi-billion dollar bond to support this extravagant boondoggle. Oh, that’s right. The People. The ones who were given false information at every step of the way and who were never presented with a business plan as required by the initiative. And the People, these miscreants are quick to remind us, voted for a system that would come all the way to Anaheim! No prize for guessing who got the Anaheim language into the initiative.

"A" is for...

And speaking of Der Pringle, he provides the best quote of the article when he cautioned not to use the word “splippage” since it might undermine confidence in the whole gig. Hooboy!

Meanwhile Pringle’s glassy monument to himself, the egregious ARTIC 200 mil bus barn continues to loom in our collective psyche, promising to suck up $100,000,000 of Measure M revenue that is supposed to bring HSR to an expanded Metrolink station. Of course ARTIC does neither, but as we have already noted, that means nothing to the small-town drones on the OCTA board. And this reminds me of a poem:

In Anaheim did a ‘puglican
A stately pleasure-dome decree:
Where Santa Ana, the part-time river, ran
Through suburbs measureless to man
Down to a closed-beach sea,
etc.