Greg Sebourn

Focus On West Fullerton

2012-01-25T11:08:00.000-08:00

Fullerton City Staff Mislead Ratepayers and Officials

2012-01-22T16:10:00.000-08:00

I am disappointed, though not surprised, at the misleading information provided by the City of Fullerton staff to ratepayers including the Fullerton City Council and members of the Water Rate Study Ad Hoc Committee.

As a ratepayer, Chair of the Citizens Infrastructure Review Committee, and member of the ad hoc committee I hold the Water System Manager, David Schickling, responsible for making misleading comparisons with water rates paid by Placentia rate payers to Golden State Water Company and those payed by Fullerton's ratepayers to Fullerton.

Whether accidental or intentional, the misleading information, in the form of a chart that was provided to the City Council, the Water Rate Study Ad Hoc Committee, and the Orange County Register, clearly made Fullerton's water rates look conveniently low and and increase in rates that much more palatable.

The City of Fullerton has had a very difficult time accounting for and explaining how the Water Fund is distributed to other City departments.

FullertonsFuture.org explained the double and triple dippings by City department heads and staff well here. There are similar issues with Fullerton's Sewer Fee and Sanitation Fee which I have written about here.

From the start I have asked for an honest and accurate assessment of the true cost of operating these systems and services with these special funds.

To date, city staff have not been able to articulate the true cost of operating the water system. Instead, I have been handed charts and graphs with questionable data from questionable sources.

Fullerton water customers have a right to know these costs and the City of Fullerton is obligated to provide them.

Until this water fiasco can be quantified and qualified, I cannot envision any unjustifiable rate increases.

If you are concerned about your tax dollars and the integrity of the City of Fullerton, I urge you to attend all of the up-coming water rate meetings.

Tentative Schedule of Public Meetings:

February 8, Citizens Infrastructure Review Committee meeting, 4:30PM at City Hall

March (exact date to be determined), City Council Meeting, 6:00PM at City Hall (vote to give notice to ratepayers of proposed rate increase)

Additional meetings may be scheduled.

Mark Your Calendar - NOCCC

2012-01-22T05:00:00.000-08:00

OC Supervisors' Candidates Forum this Monday, January 23 at 6:00 PMCandidate Deborah Pauly has informed us that the Orange Chamber of Commerce is hosting a candidate's forum for the 3rd District Orange County Board of Supervisor's race at 6 p.m. Monday, January 23 at the Doubletree Hotel, 100 The City Drive in Orange.

There is no cost to attend, but reservations are required.
Information: 714.538.3581

If you can arrange to make it, this will be a good event to attend. Who we elect to represent us at the local level is of utmost importance, so get to know the candidates before heading to the ballot box.

NOCCC's Tea Party Liaison, Connie Lanzisera Is Now An Online Journalist

Check out her two latest articles posted on OC Register Online.
http://www.ocregister.com/opinion/country-329515-government-time.html

http://www.ocregister.com/opinion/americans-335397-taxes-pay.html

Please remember to listen and stay informed

Liberty Speaks with host Phil Liberatore
Phil’s guest this week – Arizona Sheriff Joe Arpaio
Loud & Clear, for WE the People
TalkRadio 790 KABC, Sundays at 7 PM www.LibertySpeaks.com

The Victory Sessions with host Stephen K. Bannon
Politics, Economics, & Culture
Where Understanding Unites Us, Ignorance Divides Us
A powerful gathering of influential Americans on
TalkRadio 790 KABC, Sundays 5-7 PMwww.TheVictorySessions.com

You're Invited... Mental Health & Homeless

2012-01-20T06:00:00.000-08:00

Fullerton Recall Collects 52,254 Signatures!

2012-01-19T15:45:00.000-08:00

Moments ago the Fullerton Recall team turned in well over 50,000 signatures from Fullerton voters to initiate a recall election of councilmembers Don Bankhead, Dick Jones and Pat McKinley. The reason? Their simple failure to provide competent leadership for our city.
The individual totals are:

Don Bankhead: 17,064 signatures
F. Richard “Dick” Jones: 17,587 signatures
Patrick McKinley: 17,603 signatures

Next, the city clerk will...CLICK HERE TO CONTINUE

Fullerton Police Ask for Public's Help

2012-01-19T08:40:00.000-08:00

Acting Fullerton Police Chief Dan Hughes is asking for the public's help in identifying a vandal caught on camera.

The video is of a person committing a vandalism to a business in the 1100 block of West Orangethorpe that detectives have been unable to identify.

"I am hopeful," says Acting Chief Hughes "that someone from your neighborhood [West Fullerton] will be able to identify him and contact Detective Jim Bolden at 714-738-6757."

Hughes says that detectives recently obtained and served a search warrant for a residence in West Fullerton after obtaining probable cause to believe the resident was involved in many acts of graffiti in the area. The suspect in this case is currently a juvenile but Acting Chief Hughes says the juvenile will be prosecuted as an adult if arrested again within a few months.

The photographs below depict some of the graffiti instruments detectives discovered during the execution of the search warrant.

To report ANY crime in progress, including vandalism, call 911. If you have information that may help investigators, please contact Detective Jim Bolden at 714-738-6757.

To report graffiti to the Graffiti Removal Crew, call (714) 738-3108 or email them at graffitih@ci.fullerton.ca.us.

Community Dialogue Changes Venue

2012-01-19T08:00:00.000-08:00

(From City Press Release)

Due to a conflict in meeting locations, Fullerton Community Development Director Al Zelinka has rescheduled the site for his Thursday, Jan. 26, “Community Dialogue” public outreach program.

The new location for the January “dialogue” is the Fullerton Public Library Conference Center, 353 W. Commonwealth Ave. The meeting will run from 8-9 a.m.

The dialogues are designed to provide citizens an opportunity to discuss issues, concerns and hopes they have regarding the city’s growth and development. Zelinka started the dialogues as a means of helping his department meet the goals of its mission statement.

I encourage all Fullerton area residents and business owners to attend this meeting. It gives everyone a chance to ask questions and make suggestions in an informal and friendly environment.

Past meetings have lead to stepped up police and code enforcement as well as neighborhood-level problem solving.

I have found these meetings to be much more productive than City Council meetings.

Controller Reaches Settlement with Prudential Insurance

2012-01-17T06:29:00.000-08:00

Press Release from California State Controller John Chiang

SACRAMENTO – State Controller John Chiang today announced a major multi-state settlement with Prudential Insurance Company of America, which, depending on the completion of the audit, may return up to $20 million to the families of deceased life insurance policyholders in California.

"For decades, the surviving families of policyholders have been cheated by life insurance companies who either knew or should have known that payout was due," said Chiang. "I will continue to work with the industry to improve their practices, but I reserve the right to use the full force of my office – including litigation – to compel insurance companies to follow the law and take care of life insurance beneficiaries."

The Controller took the lead in negotiating the settlement, which 18 other states subsequently joined. Chiang reached a similar agreement with insurer John Hancock in April 2011.

Both settlements stem from a 21-company audit Controller Chiang initiated in 2008 to determine the insurance industry's compliance with state unclaimed property laws. Administered by the Controller, the California unclaimed property program generally provides that businesses must send lost or abandoned financial accounts to the State after three years of inactivity in order to safeguard private property from being lost during mergers or bankruptcies, drawn down by service or storage fees, or simply used by private interests.

The audit revealed an industry-wide practice of companies failing to pay death benefits to the beneficiaries of life insurance policies. Instead, companies would draw-down the policies' cash reserves in order to continue collecting premium payments from the deceased. Once the cash reserves were depleted, the company would cancel the policy. The audits also found that insurers did not routinely cross-check the owners of dormant accounts with the Social Security Administration's Death Master File and other government databases listing deceased individuals. In other cases, the company had direct knowledge of the death of a policy owner, but still did not notify the beneficiaries.

So far, more than 1,000 Prudential policies have been identified as being held for individuals in California who have been dead for more than 15 years. The average cash value of the policies is about $2,000.

Today’s settlement requires Prudential Financial Inc., and its predecessors and subsidiaries (Prudential Insurance Company of America, Pruco Life Insurance Company, Pruco Life Insurance Company of New Jersey, Prudential Retirement Insurance and Annuity Company, and Prudential Annuities Life Assurance Corporation, formerly known as America Skandia Life Assurance Corporation) to do the following:

· Restore the full value of impacted accounts;

· Fully comply with California’s unclaimed property laws and cooperate with the Controller's efforts to reunite millions of dollars in death benefits and matured annuities with their owners or, in many cases, the owners' heirs;

· Pay the beneficiaries three percent compounded interest on the value of the held amounts from the date of the owner’s death or January 1, 1995, whichever is later.

Other states signing the settlement are: Colorado, District of Columbia, Idaho, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Montana, Nebraska, North Dakota, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Vermont and Wisconsin.

Fullerton's Acting Chief Speaks Out About Kelly Thomas Case

2012-01-11T13:24:00.000-08:00

Acting Chief of Police Dan Hughes spoke with Tracy Woods at the Voice of OC and explained some of the behind the scenes events that were happening Julyu 5th, 2010.

Woods reports:
As he was driving from his home to the station that night, he called the leaders of the department's internal affairs and major crimes units to let them know something had happened.
"I told them, 'You need to be handling this as if it is an officer-involved shooting,' " he said. He also told them to call the district attorney's office so they could send out investigators.
Then he talked to the police department's public information officer, Andrew Goodrich, notified the captain in charge of investigations, telling him to get investigators to work immediately. He told them also to call the DA's office, and finally he called Chief Sellers.
"All of this within 15 minutes," he repeats. "I did not know that he [Thomas] was going to die."
Read the entire story HERE...

Water Rate Study Session Recap

2012-01-11T09:41:00.000-08:00

First, thank you to everyone who attended the study session. I listened carefully to the ideas, opinions, and concerns of everyone who spoke and have taken those comments to heart.

The information that was presented, although helpful, raised more questions than it answered.

Bearing the Cost for MWD

Among these, why does the City charge some entities (AT&T, Time Warner, Gas Company, etc.) but not others like MWD to use the City's right-of-way for pipelines? The answer from Mr. Schickling, the Water System Manager, is that MWD is a water wholesaler and not a retailer. The argument used by the City thus far to explain why an "in-lieu-of property tax" fee is charged to the City's Water Fund is that other utilities pay the City to place utilities in the right-of-way and that the Water System is just like the other utilities which burden the City. That argument, however, is not applied to the Metropolitan Water District which has miles of pipelines under Fullerton roadways. There are other utilities with lines buried in Fullerton's streets which the City doesn't receive a dime for as well.

Taxation Without Representation

Another major problem with the franchise fee or "in-lieu tax" is that Resolution 5184 (see below), the 1970 resolution which raised the tax from 2% to 10%, was enacted specifically to pay for services rendered for managing the Water System by "the Finance Department of the City and of the City Administrator, City Attorney, and City Clerk". Therefore, while the resolution says that the 10% transfer is to the General Fund, the resolution also earmarks what the transfer is to pay for. Currently, 80% of this transfer goes to pay for public safety salaries and benefits- that's illegal.

Double Taxation (Without Representation)

Something that does not seem to bother anyone is that Resolution 5184 (see below) says that the 10% transfer from the Water Fund to is to be based on "gross annual water sales". The current practice is to also include the "meter fee" (a fixed fee or tax based on the size of your water meter) as part of the "gross annual water sales". This means you get taxed for the size of your meter and taxed again on 10% of the meter fee as well as the actual water you purchased.

That's sounds like another illegal tax for the Howard Jarvis Taxpayers Association to look into.

No Transparency, No Accountability

All this time I have avoided mentioning the proposed rate increase. In my opinion, we cannot consider a rate increase until we can assess all of the facts and figures. To date those facts and figures have been illusive.

Frankly, the accounting for our water system and the Water Fund has been non-existent for decades and is a complete wreck. This needs to be addressed before we can quantify, much less qualify any increases in water rates.

The water bill needs an overhaul as much as the rest of the water system. And the fees, taxes, charges must all be itemized and transparent to water rate payers.

Is this too much to ask?

Click on image to view full size.

OC Watchdog Bites Down On Fullerton's Illegal Water Tax

2012-01-10T14:06:00.000-08:00

OC Register's Teri Sforza wrote this for the OC Watchdog today...

Way back in 1968, when there were still lots of orange trees in Orange County, the city of Fullerton tacked a 2 percent charge onto folks’ water bills to cover the cost of providing that water.

In 1970, the city hiked that charge to 10 percent – and there it has remained for 41 years.
This charge is “in lieu of franchise fees” — what a private company would pay the city for the exclusive privilege of providing water — and in lieu of property taxes, which many special districts collect to help provide water service.

That 10 percent fee generated about $2.5 million for Fullerton last year — and more than $27 million since 1997, according to city figures.

TROUBLE?
“We believe the fee and revenue transfers are illegal,” says a letter from the Howard Jarvis Taxpayers Association, which arrived over the holidays in City Manager Joe Felz’s mailbox.
“If a private company provided water service to the residents of Fullerton, the City could charge the private company a negotiated franchise fee for occupying public rights of way with its pipelines,” say the Howard Jarvis folks. “That is not the case in Fullerton, however, as the City operates its own municipal water utility. The rates the City may charge are governed by the California Constitution, which limits rates to just the amount required to provide service, and prohibits transferring rate revenue for use elsewhere.

Read the rest of the story here...

Tonight is the Water Rate Study Session at the Fullerton Public Library's Main Branch at 4:30 PM. Arrive early and expect standing-room only.

Justice American Style

2012-01-08T21:22:00.000-08:00

What would you do if a man who had been arguing with you just hours before came to your door with a gun?

Probably the same thing an un-named Fullerton resident allegedly did on Saterday when the resident allegedly shot the alleged gunman with a shotgun allegedly loaded with birdshot.

According to the Orange County Register, the birdshot bad guy, Isaac Chavez, checked into Lakewood Regional Medical Center where he was promptly arrested.

Chavez, 25, was booked on suspicion of assault with a deadly weapon, making criminal threats, and violating parole.

The unidentified shooter has not been charged.

If you have any information on the shooting, contact the Fullerton Police at (714) 738-6800 and then email me at GregSebourn@yahoo.com.

Pedalling 100 Miles for Leukemia & Lymphoma

2012-01-07T06:31:00.000-08:00

Here is a message from friend and fellow professional land surveyor, Teri Kahlen, PLS.

Hello Friends and Family,

Welcome to my Team In Training Webpage.

As most of you know I have a passion for challenges and a love for cycling. What you may not remember was my first 100 mile bike ride with the Leukemia & Lymphoma Society's (LLS) Team In Training in 2003 when my cycling friend was diagnosed with Lymphoma. I joined this wonderful organization to raise money to help find cures and more effective treatments for blood cancers.

I’m improving the quality of my life by participating and with your support; I can help improve the quality of life for patients and their families as well. …. Since 2003 I have completed two other century bike rides and a hiking adventure down the Grand Canyon with Team In Training. I have made many friends along the way and am so grateful for the opportunity to help in a cause I believe in. Thank you all for your past support.

This year I am training to participate in another 100 mile bike ride. This is an epic ride around Lake Tahoe in both Nevada and California. It includes a challenging 800 foot climb to a rest stop overlooking Emerald Bay and a 1,000 foot climb to Spooner Junction. It includes an out and back on Highway 89/ Bike Trail to visit historic Truckee, California, before continuing around the lake. There are also many short rolling ascents and descents totaling over 2,600 vertical feet of elevation gain! The altitude ranges between 6,300 feet and 7,100 feet above sea level.

This is a very difficult ride with training beginning in February and continuing every Saturday for four months. This doesn’t seem like much compared to all the individuals who are battling blood cancers.

Whatever you give counts!

On behalf of The Leukemia & Lymphoma Society, thank you very much for your support. I greatly appreciate your generosity.

Teri Kahlen

If you have it in your heart and wallet to donate, please do! Here is the link to her donation page:
http://pages.teamintraining.org/ocie/ambbr12/tkahlenavc

Supreme Court Rules on Challenges To the State's Plan to Dissolve Redevelopment Agencies

2012-01-05T03:00:00.000-08:00

(From http://www.courts.ca.gov/16345.htm)

Court Decides the State Has the Authority to Dissolve Redevelopment Agencies but Does Not Have the Authority to Condition Their Continued Existence on Required Payments

San Francisco — Resolving challenges filed by the California Redevelopment Association, the League of California Cities, and the cities of San Jose and Union City, the California Supreme Court today upheld the constitutionality of Assembly Bill 1X 26, which dissolves redevelopment agencies and redirects their property tax revenues, and struck down Assembly Bill 1X 27, which would have allowed redevelopment agencies to continue to operate, but only if they opted in on a plan that required annual payments.

On July 18, the California Redevelopment Association and the League of California Cities filed a petition asking the court to overturn both Assembly Bill 1X 26 and Assembly Bill 1X 27. On August 11, the court agreed to hear the lawsuit and issued a partial stay of various provisions of both bills and to issue a decision before January 15, 2012. The court expedited briefing and argument on the matter and held oral argument on November 10.

In a majority opinion authored by Associate Justice Kathryn M. Werdegar, the court upheld the enactment of Assembly Bill 1X 26, dissolving redevelopment agencies and redirecting their property tax revenues. The court explained that, because the Legislature had the authority to create redevelopment agencies, it also had the corollary power to dissolve them. The court noted that although Proposition 22, as enacted by the voters in 2010, amended the state Constitution to impose additional limits on the state's fiscal powers, nothing in that initiative or other parts of the state Constitution guaranteed the continued existence of redevelopment agencies.

The majority, however, held that Assembly Bill 1X 27 was unconstitutional because it conditioned the ability of redevelopment agencies to conduct new business on agreeing to an annual payment plan based on a portion of property tax revenues allocated to redevelopment agencies. The court explained that this opt-in plan violated Proposition 22 because that measure arose in opposition to similar past legislation and was intended to preclude further required payments based on redevelopment agency property tax revenues.

The majority opinion by Justice Werdegar was signed by Associate Justices Joyce L. Kennard, Marvin R. Baxter, Ming W. Chin, Carol A. Corrigan, and Goodwin Liu.

Chief Justice Tani Cantil-Sakauye joined the majority opinion upholding Assembly Bill 1X 26, but dissented with respect to the conclusion that Assembly Bill AB 1X 27 was unconstitutional.

The Chief Justice observed that neither Proposition 22's history nor its express language appeared to prohibit the opt-in payment plan created by Assembly Bill 1X 27. The dissenting opinion noted that it appeared the Legislature had carefully drafted Assembly Bill 1X 27 so as not to violate Proposition 22 by allowing the annual payment to come from any local revenue source and not specifically redevelopment agency funds, which Proposition 22 expressly protects. The Chief Justice concluded that Assembly Bill 1X 27 does not facially conflict with the state Constitution and further noted that the parties presented no evidence that the measure would actually violate the state constitution in practice.

The court unanimously reformed Assembly Bill 1X 26, which had been largely stayed during the pendency of this action, by extending its various deadlines by four months.

__________________________________________________

To read all of AB 1X 26, click HERE or go to http://leginfo.ca.gov/pub/11-12/bill/asm/ab_0001-0050/abx1_26_bill_20110629_chaptered.html.

To read all of AB 1X 27, click HERE or go to http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0001-0050/abx1_27_bill_20110629_chaptered.html.

Need Help Keeping Up To Date With City Hall and Your City?

2012-01-04T11:00:00.000-08:00

If you want to know what's happening in Fullerton, one source to consider is the Focus on Fullerton newsletter. You can subscribe through the City's eLists service by clicking HERE or at https://public.govdelivery.com/accounts/CAFULLERTON/subscriber/new.
Click HERE for the latest Focus on Fullerton.

Fullerton PD Shares Recent Police Activities

2012-01-04T07:44:00.000-08:00

In what I think is a concerted effort by the Fullerton Police Department to share information, here are three recent FPD stories you may not have heard. The first two are from FPD Press Releases while the third is an update from Acting Chief Dan Hughes.

On a side note, I have been criticized for my support of the Fullerton Police Department's efforts to rid the City of graffiti. It seems some believe that tagging and vandalism are minor crimes not worthy of policing. What many are forgetting is that this effort to to gain the upper hand on taggers is was initiated by the residents of West Fullerton. They insisted that the FPD take these costly crimes seriously which they have. I appreciate city leaders who listen to and respond to the residents. Acting Chief Dan Hughes is doing everything he can to put uniforms on Fullerton's streets including placing himself on patrol in an effort to give residents the level of service they are demanding. Until someone can prove otherwise, I believe the effort is genuine and commendable, especially considering the current state of the Police Department left in the wake of the invisible Chief Sellers and a culture of corruption reminiscent of LAPD's Rampart scandal courtesy of retired FPD chief turned council member, Pat McKinley.

_____________________

Subject: Police find marijuana plants in home where put bull attacked 2-year-old

Contact: Sgt. Andrew Goodrich, Fullerton Police Department (714) 738-6838

Police and paramedics responded to a residence in the 2500 block of Larkwood last night (Dec 26) regarding a pit bull who had bitten a 2-year-old child at a home.

Fullerton Police Sgt. Andrew Goodrich said that the mother ran to a nearby neighbor with her 2 year old son and asked the neighbor to call the paramedics. Fullerton Fire responded, treated the toddler, and transported him to an area trauma center. While at the hospital, the victim was treated for a 7” laceration on his head.

The mother was house sitting for a friend, and does not live at the residence. She stepped outside the room for a moment, and then heard growling and a scream from her child. When she ran back into the room, she saw the dog standing over her child, and the child bleeding from the head.

Animal Control responded and took custody of the dog, a pit bull terrier. While searching the house for the dog, officers found a significant quantity of marijuana growing and being processed inside. The homeowner was contacted, and no arrests have been made.

Detectives are investigating both the marijuana cultivation and the possible child endangerment.

________________________

Subject: Police arrest man in interrupted burglary case after pursuit
Contact: Sgt. Andrew Goodrich, Fullerton Police Department (714) 738-6838

Police arrested a man for residential burglary today (Dec 27) after a vehicle pursuit that started in Fullerton and ended in La Mirada. Two suspects are still outstanding.

Fullerton Police Sgt. Andrew Goodrich said that at about 12:30pm, a 12-year-old home alone called the police after three suspects entered his house, thinking no one was home. The suspects first knocked on the door, and the 12-year-old didn’t respond because he didn’t know the people. When it appeared no one was home, the suspects went into the back yard, and entered from the rear.

With the 12-year-old still on the line with dispatchers, officers responded with lights and sirens to the residence. The suspects fled in their car just as officers arrived.

Officers began chasing the suspects, who collided with a car at the intersection of Gilbert and Malvern. The suspects continued westbound on Malvern, eventually crashing into a fire hydrant in La Mirada, near

La Mirada Blvd.

and Imperial Hwy. Officers’ set-up a perimeter to search for the suspects, and eventually located Deon William Oden, 23, from Los Angeles. Oden was booked at the Fullerton Jail for burglary, felony evading, felony hit & run, and other charges.

“This method of residential burglary, sometimes referred to as “knock-knock bandits”, is becoming more common. We want to remind residents that depending upon the situation, advising someone who is at your door that you are home without opening the door is something people should consider”, said Fullerton Police Captain Dan Hughes.

The two other suspects are still outstanding. They are described as a black female in her 30s, and the other is a black male.

Anyone with information about this incident is asked to call Detective Michael Hines at (714) 773-5765, or the front desk of the Fullerton Police Department at (714) 738-6716.

___________________

Last week FPD arrested Eric Avina, 19 yr old from Fullerton, for possession of vandalism implements. Avina is on probation and has been identified as “REKS” of the LFL tagging crew. “REKS” has been very active on the west side of town and FPD is working with his probation officer in an effort to obtain a significant jail sentence for a violation of his probation. A juvenile with the moniker of “RATE” or “RATER” was also arrested last week for vandalism, possession of vandalism tools, and possession of stolen property. Detective Bolden observed the juvenile placing “slappies” on several signs and the suspect was in possession of more than 20 U.S. Postal mail stickers that were going to be placed on various properties.

"I believe we are making some significant progress with this tagging crew," said Acting Chief Dan Hughes. "We are committed to relentlessly pursuing these individuals until their behavior stops."

Merry Christmas!

2011-12-25T01:00:00.000-08:00

The King of Kings is born this day! Let us rejoice!

May God reach down from Heaven and touch all of His children so that they may feel His love and warmth, and be free from hunger, illness, and suffering.

Captain Dan Hughes Named Acting Fullerton Police Chief

2011-12-21T05:55:00.000-08:00

A press release in my email inbox indicates Fullerton Police Captain Dan Hughes has been named Acting Chief of Fullerton's Police Department effective January 3, 2012.

Last night I gave my continued support to Acting Chief Kevin Hamilton and Captain Dan Hughes for their combined efforts to address quality of life issues and communicating police activities and events to me. Both have been actively working to clean up the numerous messes left by their predecessors.

Hughes will continue the significant reformation taking place in the Police Department. He supports the formation of a community advisory committee to help advise and give direction to the Chief of Police.

I am proud to have Acting Chief Hughes representing Fullerton and offer him my continued support.

I also wish Captain Kevin Hamilton well as he retires from the City.

Below is the official press release.

Police
Press Release

FOR IMMEDIATE RELEASE

PRESS RELEASE #27211

Subject :	Hughes named acting Fullerton police chief
Contact :	Sgt. Andrew Goodrich, Fullerton Police Department (714) 738-6838 Sylvia Palmer Mudrick, Public Information Coordinator, Fullerton City Manager’s Office (714) 738-6317

Capt. Dan Hughes, commander of the Fullerton Police Department’s patrol division, has been appointed acting police chief by City Manager Joe Felz.

The appointment will become effective Jan. 3.

He will replace Kevin Hamilton, who will resume his duties as captain in charge of the department’s detective division. He will also assist Hughes in the transition to the acting chief’s duties.

Felz explained the decision to appoint Hughes was prompted by Hamilton’s plans to retire soon, after 34 years with the Police Department. Hamilton, named acting chief in August, originally planned to retire this past summer, but put those plans on hold when Chief Michael Sellers was placed on extended medical leave by his doctor.

“Capt. Hamilton has done an outstanding job in assuming the acting police chief position at a very difficult time for the department and the city,” Felz said. “His efforts have been very much appreciated not only by the City Council and myself, but by the community as a whole.”

Hughes, a 28-year veteran of the police department, is a “hometown boy,” having been born and raised in Fullerton. He joined the Fullerton Police as a cadet in 1983, and became an officer in 1985. He was promoted to sergeant in 1996, lieutenant in 2006, and to patrol division captain in 2010.

Hughes holds an associate of science degree in criminal justice from Fullerton College, and both a bachelor of science degree in occupational studies and a master of science degree in emergency services administration from California State University, Long Beach.

Hughes is also a graduate of the Supervisory Leadership Institute and the International Association of Chiefs of Police leadership course “Leadership in Police Organizations.” In April, Hughes is scheduled to graduate Command College, which is an 18-month leadership and futures-oriented course designed for management in law enforcement.

Hughes serves on the board of directors of the Fullerton Boy’s and Girl’s Club, and is a member of the Fullerton Chamber of Commerce’s Leadership Fullerton Steering Committee, as well as the Fullerton Downtown Business Association and the Fullerton Downtown Working Group.

Hughes said he is looking forward to his new role, adding he takes great pride in the department. “I firmly believe the men and women of the Fullerton Police Department are some of the best law enforcement officers in Southern California,” he added.

Hughes said his initial steps as acting chief will be to continue “working on improving community trust and confidence in their Police Department.” One idea to this end that he wishes to explore is the possible formation of a community advisory committee to the chief of police.

He added he will also be working closely with his staff on completion of a review and update of department policies, procedures, and practices “to ensure our officers are making the proper ethical decisions and performing effectively, and that our supervisors are engaging more with our officers and the community in the field.”

Hughes and his wife, Kimberly, reside in Yorba Linda. They have three children – Christina, Austin and Grant. He is a member of the Yorba Linda Friends Church and is active in youth sports.

Fullerton Water System Study Session - MARK YOUR CALENDAR!

2011-12-20T04:00:00.000-08:00

Below is a press release from the City of Fullerton. Read it carefully and mark you calendar.

Also, here is how much money has been skimmed from the Water Fund:

Fiscal (Water Fund)

Year Franchise Fee Water Sales

2001 $1,435,202 $14,342,888

2002 $1,558,578 $15,619,444

2003 $1,576,091 $15,676,902

2004 $1,775,133 $17,800,172

2005 $1,771,294 $17,499,462

2006 $2,065,417 $20,587,913

2007 $2,287,693 $22,938,001

2008 $2,278,041 $22,893,749

2009 $2,388,515 $23,967,172

2010 $2,479,930 $24,796,981

2011 $2,532,595 $25,295,986

PRESS RELEASE -

All things water in the City of Fullerton will be the focus of a special City Council study session Tuesday, Jan. 10, 2012.

The session, which will be open to the public, will be held at 4:30 p.m. in the new Conference Center at the Fullerton Main Library, 353 W. Commonwealth Ave., adjacent to Fullerton City Hall.

David Schickling, Water System Manager for Fullerton, said the workshop will cover all aspects of the City’s water utility, ranging from where Fullerton gets its water supplies to how that water is delivered to residences and businesses in the City.

The session will also examine capital improvement needs for the aging water system.

The study session, which was requested by the Council, will be a prelude to the reopening of consideration of a water rate study which was brought to Council this past July.

“The Council took no action on the study then and, instead, directed that further study be done – specifically on the public notification process and the legality of the ‘in-lieu franchise/property tax’ transfer of funds from the Water Fund to the General Fund,” Schickling explained, noting the in-lieu franchise tax has been in place since 1968.

“The results of this expanded study are nearly complete and will be available for public review beginning with a meeting of the Council-appointed Water Rate Study Ad Hoc Committee in February.” That meeting, the date of which has not yet been firmed up, will be open to the public.

Once the committee has reviewed the results of the new study and made recommendations on it, the matter is tentatively scheduled to come to the City Council for consideration in March.

Further information about the study session or the water rate study may be obtained by calling the Office of Water Engineering at Fullerton City Hall at (714) 738-6845.

Persons requiring special accommodations to attend the study session the workshops are asked to notify the Office of Water Engineering prior to Jan. 10.

UPDATE - Fullerton Police Bust More Taggers

2011-12-19T18:25:00.000-08:00

UPDATE FROM CAPT. HUGHES:

"This is an update in regards to the information that was sent out earlier on the arrest of Anthony Aparicio for tagging on Sunday morning. Mr. Aparicio went to court this morning and pled guilty to the vandalism. He was sentenced to 4 days in jail, 200 hours of graffiti removal, suspension of his driver’s license for 1 year, restitution, and 3 years formal probation with specific terms that prohibit any association with tagging crews and possession of any tagging implements."

____________________________________________________

The following is an email I received from Fullerton Police Captain Dan Hughes:

During a probation search of two suspected Lost For Life Krew (LFLK) associates, a juvenile was arrested for possession of paint markers and probation violations. This suspect recently moved to Fullerton from Anaheim and uses the monikers “Kromer” and “Krome”.

Detectives arrested Abel Martinez, 19 yr old who recently moved from Fullerton to Anaheim, for being in possession of graffiti instruments. He was contacted near 904 W. Orangethorpe where recent graffiti was located.

Detectives arrested Ernie Pereyra, 19 yr old Fullerton resident while investigating a graffiti case at 1042 W. Porter. Pereyra is being charged for vandalism to three garage doors, the side of a garage, the rear of the Sunset Lounge, and the rear of Kragen Auto Parts at 904 W. Orangethorpe. Pereyra uses the moniker of “Spider”. We are continuing with the investigation of these cases after identifying another adult suspect that was with Pereyra during the graffiti incidents.

Yesterday, patrol officers responded to a report of two suspects tagging the freeway light pole behind the 700 block of West Houston . After a short foot pursuit of one of the suspects, officers arrested Anthony Aparicio, 18 yr old Fullerton resident for vandalism and possession of graffiti instruments (spray paint and etching tools). Aparicio is believed to be associated with the “Unlimited Thoughts Krew” and uses the moniker of “Cartoon”.

We have additionally identified the persons responsible for using the following monikers: Sake/Saker, Mose, Forse/Foryr, Slobe, Rums, Recks/Reks, Kers, Lexr, Cartoon, Spider, and Kromer/Krome.

We have additional leads on several other members of this tagging crew and additional arrests are forthcoming. I will continue to provide you with additional updates as warranted.

Thank you again for your continued support of our department and the efforts our officers are making in helping improve the quality of life in your neighborhood.

Dan Hughes
Captain, Patrol Division

State Controller: Audits find more than $3 billion

2011-12-19T11:40:00.000-08:00

SACRAMENTO – State Controller John Chiang today announced that since taking office in 2007, his audit findings through State and local investigations now total more than $3 billion, more than any other Controller in recorded State history.

"Unchecked spending is an invitation for misspending," said Chiang. "My audits offer an inside-look at state and local checkbooks, and show us where fiscal practices need serious improvement. These findings can lead to real taxpayer savings, and every dollar rescued is one that we don’t have to take away from education, public safety, or other essential services."

The Controller's office typically has 200 to 300 different audits under way at any given time during the year. A sampling of investigations initiated by Controller Chiang include:

· Unlawful spending and illegal property taxes in the City of Bell

· Misspent and poorly-managed bond funds at LA Community College District

· Massive losses from uncollected fines at State agencies

· Inappropriate spending on gifts at the State Lottery

· No-bid contracts and lax spending controls in the City of Montebello

· Millions in overpayments to a State healthcare contractor

His office is currently in the process of auditing the City of Hercules, and investigating claims of
pension-spiking at the California State Teachers' Retirement System.

After completing his work in the City of Bell last year, the Controller's office was flooded with requests audits of more than 200 local governments across California. In order to meet those demands and better protect taxpayer dollars at the local level, the Controller introduced legislation to broaden his office's auditing abilities.

While those bills stalled in the last legislation session, the Controller will continue to push to expand his office's ability to protect taxpayer dollars through financial audits.

For more information on the Controller's audit programs, visit his website at www.sco.ca.gov.

Fullerton Police Bust More Taggers

2011-12-19T11:21:00.000-08:00

The following is an email I received from Fullerton Police Captain Dan Hughes:

During a probation search of two suspected Lost For Life Krew (LFLK) associates, a juvenile was arrested for possession of paint markers and probation violations. This suspect recently moved to Fullerton from Anaheim and uses the monikers “Kromer” and “Krome”.

Detectives arrested Abel Martinez, 19 yr old who recently moved from Fullerton to Anaheim, for being in possession of graffiti instruments. He was contacted near 904 W. Orangethorpe where recent graffiti was located.

Detectives arrested Ernie Pereyra, 19 yr old Fullerton resident while investigating a graffiti case at 1042 W. Porter. Pereyra is being charged for vandalism to three garage doors, the side of a garage, the rear of the Sunset Lounge, and the rear of Kragen Auto Parts at 904 W. Orangethorpe. Pereyra uses the moniker of “Spider”. We are continuing with the investigation of these cases after identifying another adult suspect that was with Pereyra during the graffiti incidents.

Yesterday, patrol officers responded to a report of two suspects tagging the freeway light pole behind the 700 block of West Houston . After a short foot pursuit of one of the suspects, officers arrested Anthony Aparicio, 18 yr old Fullerton resident for vandalism and possession of graffiti instruments (spray paint and etching tools). Aparicio is believed to be associated with the “Unlimited Thoughts Krew” and uses the moniker of “Cartoon”.

We have additionally identified the persons responsible for using the following monikers: Sake/Saker, Mose, Forse/Foryr, Slobe, Rums, Recks/Reks, Kers, Lexr, Cartoon, Spider, and Kromer/Krome.

We have additional leads on several other members of this tagging crew and additional arrests are forthcoming. I will continue to provide you with additional updates as warranted.

Thank you again for your continued support of our department and the efforts our officers are making in helping improve the quality of life in your neighborhood.

Dan Hughes
Captain, Patrol Division

Fullerton City Council Meeting - Tomorrow at 6:30PM

2011-12-19T09:56:00.000-08:00

Speak up and be heard.

6:30PM at Fullerton City Hall

303 W. Commonwealth Ave.

Read the City Council Agenda HERE!

Indians Clean House

2011-12-17T06:00:00.000-08:00

The Osage Tribe of Oklahoma has won a settlement against the United States in the sum of $380,000,000! That's on top of their 2006 and 2010 combined win of $331,000,000!!

$711,000,000

What happend? According to the Department of Justice press release below, they worked out their differences...

__________________________________

PRESS RELEASE - Dept. of Justice

__________________________________

United States and Osage Tribe Announce $380 Million Settlement of Tribal Trust Lawsuit

Friday, October 21, 2011

WASHINGTON – The United States has reached a final settlement of a long-running lawsuit by the Osage Tribe of Oklahoma regarding the United States’ accounting and management of the tribe’s trust funds and non-monetary trust assets. Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division; the Interior Department’s Deputy Secretary David J. Hayes, Solicitor Hilary C. Tompkins, and Bureau of Indian Affairs Director Michael S. Black; the Treasury Department’s General Counsel George W. Madison, and the Osage Tribe’s Principal Chief John Red Eagle and other tribal officials commemorated the settlement during a ceremony at the Department of Interior’s headquarters in Washington today.

“This historic settlement resolves with finality long-standing trust accounting and trust management claims by the Osage Tribe,” said Assistant Attorney General Moreno. “This settlement is the outcome of dedicated efforts by the United States and the Osage Tribe to resolve years of costly and protracted litigation. Today, we come together in the spirit of partnership and mutual respect to recognize an important milestone on a path to a future marked by a stronger government-to-government and trust relationship. This settlement demonstrates the United States’ strong commitment to resolving pending tribal trust accounting and trust management cases in an expedited, fair and just manner.”

“Reaching a final settlement with the Osage Tribe has been a priority for this Administration, and it demonstrates President Obama's commitment to reconciliation and empowerment for American Indian nations,” said Interior’s Deputy Secretary Hayes. “The settlement process was fundamental to respecting the government-to-government relationship between the U.S. government and the Osage Tribe. This agreement marks a new beginning – one of just reconciliation, better communication and strengthened management of tribal trust assets.”

“This settlement is an historic, positive development for Indian country and a major step on the road to reconciliation following years of litigation between the Osage Tribe and the United States,” said Interior Solicitor Tompkins. “This administration has worked in good faith to reach a settlement that is both honorable and responsible. The settlement will allow the United States and the Tribe to foster, cultivate and strengthen their trust relationship as they move together into the future.”

Under the negotiated agreement, executed on Oct. 14, 2011, litigation will end regarding the Department of the Interior’s accounting and management of the tribe’s trust accounts, trust lands and other natural resources, including the tribe’s mineral estate. The United States will pay the tribe $380 million to compensate the tribe for its claims of historical losses to its trust funds and interest income as a result of the government’s management of trust assets. The parties also will implement measures that will lead to strengthened management of the tribe’s trust assets and improved communications between the Department of the Interior and the tribe, including procedures for delivery of periodic statements of account, annual audit information, and information relating to the management of the mineral estate to the tribe. Importantly, the agreement also provides dispute resolution provisions to reduce the likelihood of future litigation.

The Osage Tribe brought its trust accounting and trust management lawsuits in the U.S. Court of Federal Claims (CFC) in 1999 and 2000. Also, the tribe brought a trust accounting case in the U.S. District Court for the District of Columbia in 2004 and dismissed that case in 2010. The CFC litigation included numerous motions, extensive discovery, many rulings, and two trials over 12 years. Between 2006 and 2010, the tribe obtained two judgments from the CFC against the United States for about $331 million on various claims spanning the 1972-2000 period. A trial on significant claims remaining in this case was scheduled to begin in February 2012.

Recreational Fishing Industry Wins Battle

2011-12-16T11:39:00.000-08:00

San Diego - Yesterday the California Fish and Game Commission heard a proposal to change rules that would have been so costly to implement and enforce that all of the privately owned and operated hatcheries in California would have had to close down.

In the midst of the worst unemployment crisis since the 1930s, this big win for the recreational fishing industry has saved thousands of jobs.

An intriguing report about the decision and some of the issue's background can be found HERE. One excerpt I want to share is the cost analysis.

As expected, Fish and Game showed the cost to be in the hundreds of dollars, while the representatives of the fisheries and hatcheries said the cost will be, on average, around $133,000.

Dixon Lake in Escondido was one of the four lakes studied for cost by the independent Sapphos Environmental, Inc., and Dixon came in at $181,000 for the biological assessment to keep stocking fish. The breakdown was $25,919 for fish assessment, $15,490.74 for birds, $139,677.06 for herpetofauna.

Special thanks to Orange County's own State Senator Tom Harmon who began public comments by advocating for the small businesses that make up this large industry.

California's Boy Scouts and Girls Scouts can once again count on their favorite fishing hole to be a round a little longer.

Fullerton's Water Rep to Step Down

2011-12-15T11:43:00.000-08:00

Jim Blake

Amid Fullerton’s water rate debacle the City’s representative on the Metropolitan Water District of Southern California announced Tuesday that he is stepping down. After representing the City of Fullerton for 24 years on the MWD Board of Directors, Jim Blake says he is done.

It is rumored that Fullerton’s retired city manager Chris Meyer is looking to be appointed as Blake’s replacement but that will require a majority vote by the Fullerton City Council. Since City Council Members Bankhead and Jones appointed Meyer as City Manager in 2002, there is little doubt that they wouldn't give him the MWD nod as well.

However, with Fullerton’s water rates under scrutiny and an illegal tax being batted about City Hall for justification, you have to wonder how much of the water mess can be attributed to Meyer- not to mention the rest of the City’s countless woes.

Chris Meyer

An appointment of Meyer to the MWD Board might bring further outcry to City Hall, something the new Mayor might wish to avoid. Since August the Council members have been cussed at, cursed at, sworn up and down, and yelled at. They are now being held accountable for their general lack of leadership by a campaign to recall three members, Mayor Pro Tem Pat McKinley, and members Don Bankhead and F. Dick Jones.

Many believe that the appointment should be filled by a current council member so that they can be held responsible by Fullerton voters for their actions on the Board. Currently, Blake is answerable only to the Fullerton City Council.

If the appointment is to be held by a non-council member, then the process should be open to ALL candidates equally like any other council appointment to a commission or committee.

Whoever is appointed will be tasked with a massive budgetary shortfall that rivals Sacramento’s. The appointee will be asked for double-digit rate hikes and even more spending. They need to know the water industry and even more about public policy and long-term investment solutions. They need to know Fullerton and not just through the myopic eyes of service clubs.

Fullerton deserves an accountable and credible representative on the Metropolitan Water District of Southern California.

Tinkering with Water Rates

2011-12-14T09:57:00.000-08:00

Water ratepayers in San Juan Capistrano are in for a rude awakening. A new audit of the water system's financial mismanagement predates the 2003 merger of the Capistrano Valley Water District and the City of San Juan Capistrano by six years.

You read that correctly. For six straight years the Capistrano Valley Water District was consistently underfunded because of the rate structure.

The dirty laundry is being aired on the pages of the OC Register and after several massive rate hikes (22% in February and 18% more in July) which the audit says aren't sufficient to cover the deficit.

According to the Register, the audit states that the utility "also used one-time revenue from property taxes and developer fees as a stopgap funding measure, which had the effect of hiding structural funding problems."

The report indicates "poor financial communication" may have been part of the problem.

Let's head up Interstate-5 to Fullerton and look at the similarities.

Fullerton hasn't had an audit but it did have a rate study. The rate study appears to have been nothing more than a report to justify nearly doubling water rates. When pressed for hard data and answers on the water system's "in-lieu franchise fee" (an illegal 10% tax on the Water Fund), staff came up empty-handed.

Fullerton has been under-funding the water system since the 1960s. Some might rightfully ask how that is possible and why. Good questions, to be sure. It was in the 1960s that the "in-lieu franchise fee" was put in place by a city council that actually predates Don Bankhead's tenure on the dais. Since then, 10% of every dollar paid into the Water Fund has been skimmed and deposited into the City's General Operating Fund like a 3-year old grabbing at a cookie.

That may not seem like a big deal but with every rate hike, the City's General Fund wins big. Not to mention nearly 80% of the General Fund covers the benefits and salaries of employees not associated with operating or managing the water system. It also helps to shore up the growing deficit and pension shortfall. How is that fair? How is that even legal? It's not legal. This January you'll begin to see a more vigorous campaign headed by City staff to raise rates and justify the continued skimming of the Water Fund.

The illegal "water tax" imposed on the Water Fund has reinforced the policy and subsequent affect on our infrastructure with ZERO investment. Now, after 50 years of ignoring the problem, pillaging the coffers, and looking the other way, rate payers will be forced to pick up the tab.

Maybe I can blame my parents. Perhaps Mom and Dad should have been banging on the doors at City Hall in the 1960s and '70s telling the City Council and City Manager to invest in the water system. But they didn't protest City Hall, probably because they were busy raising five kids, paying a mortgage, and worried about their kids heading off to fight questionable wars in far away places.

No, I can't blame them. Like most people, they relied on their elected representatives to do the right thing.

To those who were voters in the 1960s, '70s, '80s, and '90s...here I am holding the bag. How much is it going to cost, you ask, to make up for years of mismanagement and neglect?

About $300-million...

State Controller Releases More Payroll and Pension Data for Public Employees

2011-12-12T11:16:00.000-08:00

SACRAMENTO – State Controller John Chiang today updated his website showing the salary, pension benefits and other compensation for 674,000 city and county employees in calendar year 2010.
Today's posting includes wages and other forms of compensation worth $38.8 billion. Four counties and 37 cities did not file in time for this website update
"Holding public officials accountable for how they manage public dollars relies heavily on transparency," said Chiang. "The struggles of the City of Bell remind us that corruption and fiscal mismanagement are often the byproducts of keeping the public in the dark."
The site was originally created by Controller Chiang in late 2010, after he ordered local governments to provide salary and other wage information for their employees to his office. In October 2010, the Controller collected and posted 2009 wage information for more than 600,000 city and county employees. He then added 2009 information for the employees from 2,379 special districts. In June, he added 2010 compensation information for 256,222 employees from the State of California and 123,406 from the California State University System (CSU).
The data postings drew heavy internet traffic, and the site has logged nearly 5.3 million page views since October 2010.
The website covers elected officials as well as public employees. It includes the following information for each position:

· Minimum and maximum salary ranges;

· Actual wages paid;

· The applicable retirement formula;

· Any contributions by the employer to the employee’s share of pension costs;

· Any contributions by the employer to the employee’s deferred compensation plan; and

· Any employer payments for the employee’s health, vision and dental premium benefits.

In addition, the website shows employees who hold multiple positions within either State government or the CSU system. The Controller continues to update and expand the site to include more public-sector data. 2010 compensation information for special districts, and 2011 information for State and CSU employees will be phased in over the next six months.
In August, the Controller and Community College Chancellor Jack Scott wrote to all 72 districts across the State, requesting they also submit their payroll data by early 2012.
A list of agencies that failed to file payroll records with the State can also be found on this website. Each non-complying agency could face a penalty of $5,000. The Controller’s Office will continue to review and post the relevant data from these local governments as it is reported to the State.

Lack of Leadership and Responsibility

2011-12-12T04:00:00.000-08:00

A year ago the City of Fullerton was poised to nearly double water rates in order to keep up with the cost of running a municipal water agency. So what happened? Public outcry and a serious legal question put the rate increase quietly on the back-burner and out of public debate, at least until now.

The thought of a double-digit rate increase brought the issue to the forefront of Fullertonians’ minds.

The legal question was raised when the Howard Jarvis Taxpayers’ Association reviewed the City’s Water Fund franchise tax and pointed out that the blanket 10% fee that the City was skimming from the Fund was inconsistent with California ’s Proposition 218. In essence, the City would skim 10% of the Water Fund’s $25-million and use it to back fill the City’s General Operating Fund, nearly 80% of which pays for benefits and salaries. There was no justification for the tax, which was implemented in the 1960s, nor was there ever any accounting as to how the money would or should be used.

Typically, franchise fees or franchise taxes are levied by municipalities against other utility companies as an in-lieu fee for property taxes. Think of it as the City renting out a strip of the city’s street for buried electrical line or cable TV line. Fullerton ’s water utility is one and the same as the City of Fullerton .

City staff have indicated that they are wrapping up a study to see just how much money they can justify taking from the Water Fund. Under consideration is the City’s loss of property tax revenue and potential leasing fees for each of the City’s reservoirs. This after-the-fact attempt to justify decades of skimming, now valued at $2.5-million per year and growing, is a slap in the face of rate payers. The sting is particularly bad when one realizes that the other side of City Hall, our water utility has been unable or unwilling to provide detailed meter costs.

The Fullerton City Council’s lack of leadership and clear direction has allowed City Hall to get by skimming the Water Fund and not having to articulating the true costs of operating, managing, and maintaining the City’s water system in a transparent and open manner. This lack of leadership and accountability is just one more reason to consider recalling Dick Jones, Don Bankhead, and Pat McKinley.

Cigar Shops Targeted by FDA

2011-12-10T09:22:00.000-08:00

FDA Regulation Could Doom Cigar Shops
Jacob Sullum | December 9, 2011

The cigar industry is trying tostop the Food and Drug Administration from regulating its products, which it fears would result in onerous restrictions and burdensome fees that would drive many retailers and manufacturers out of business. The Family Smoking Prevention and Tobacco Control Act of 2009 gave the FDA authority...CLICK HERE TO READ THE ENTIRE ARTICLE AT REASON.COM

California's cash deficit stands at $21.5 billion

2011-12-09T08:10:00.000-08:00

PRESS RELEASE - CALIFORNIA STATE CONTROLLER JOHN CHIANG

SACRAMENTO – State Controller John Chiang today released his monthly report covering California's cash balance, receipts and disbursements in November, showing monthly revenues came in $497.7 million above projections in the state budget.
"While November's totals came in 9 percent above projections, they did not erase the fact that we are still running $1 billion behind in revenues and $2 billion ahead in expenditures," said Chiang. "Regardless of whether midyear cuts are enacted next week, the Legislature faces a tremendous fiscal challenge when it returns to session next month."
After accounting for November revenues, total year-to-date general fund revenues are now behind the budget's estimates by $1 billion, but expenditures for the year are over projections by $1.95 billion. The Controller's Office continues to work with the Department of Finance to identify and prepare for any impact on the State's cash outlook.
The State ended last fiscal year with a cash deficit of $8.2 billion. The combined current year cash deficit stands at $21.5 billion. Those deficits are being covered with $16.1 billion of internal borrowing (temporary loans from special funds) and $5.4 billion of external borrowing.
For more details, read November 2011's financial statement and summary analysis.

High-Risk Sex Offender in Fullerton

2011-12-08T10:00:00.000-08:00

Fullerton Police today (Dec. 7) are making a neighborhood notification in south Fullerton of a full-disclosure sex registrant living in the area.

Officers and detectives are posting and handing out flyers to warn neighbors about a man living at 1325 S. Jefferson in Fullerton.

Fullerton Police Sgt. Andrew Goodrich said that Antoine Denell Jordan, 50, has been living at the house on Jefferson for some time. Police were made aware of his presence last month when Jordan reported to Fullerton PD to register as a sex offender, something he is required to do for the rest of his life. Since then, police have been conducting a background investigation on Jordan, meeting with him face-to-face, and have had him under surveillance.

Jordan was arrested and convicted in the early 1980s of kidnapping and sexually assaulting multiple women at knife-point in the area of USC in Los Angeles. He served his time in prison, and was released in 2005. He is no longer on parole, but is subject to registering at the police department in any jurisdiction where he lives.

Police are posting flyers, and handing them out to neighbors in a roughly quarter-mile radius around Jordan’s home. Fullerton Police Acting Chief Kevin Hamilton said, “In the interest of public safety, we are notifying our residents about this full-disclosure sex offender.”

Anyone looking for more information about Jordan can visit the Megan’s Law website at www.meganslaw.ca.gov or contact Sgt Steve Williams at (714) 738-6580.

Sharon Quirk-Silva Named Mayor of Fullerton

2011-12-07T10:37:00.000-08:00

Congratulations Mayor Quirk-Silva

UPDATE - FPD Takes Down West Fullerton Tagger

2011-12-06T08:31:00.000-08:00

FPD asks that if you see any crime being committed, including tagging, to call 911 immediately. You can also report graffiti to the City's 24-hour Graffiti Hotline at (714) 738-3108. You can also email GraffitiH@ci.fullerton.ca.us or enter a graffiti removal request here.

***UPDATE***

In an email from Captain Dan Hughes late Monday, he said the initiating officers are Detective James Bolden and Sergeant Jeff Stuart. Bolden and Stuart are assigned to Fullerton's gang unit with Bolden also assigned to investigate tagging crimes in West Fullerton.

The suspect whose moniker is "Saker" is a juvenile. That means their name is not going to be released unless they are tried as an adult.

According to Hughes, Detective Bolden was patrolling in the area of Gilbert Park with Sergeant Jeff Stuart.

"They saw the 16 yr old juvenile," says Hughes "at Gilbert Park and were aware of him due to previous graffiti investigations."

Detectives located a graffiti instrument on him and arrested him.

Hughes also said that, since the juvenile was on probation and subject to search and seizure, a search of his residence was conducted and the additional items in the photograph were located.

Detectives believe that LFLK is a Fullerton based tagging crew with about 8 members.

The investigation is ongoing and Captain Hughes declined to comment further saying he didn't want to jeopardize the case.

Where is Fullerton's Independent Advocate?

2011-12-06T05:00:00.000-08:00

Fullerton water rate payers are becoming increasingly weary and suspicious of politicians and managers who have relied on the City's Water Fund to help offset the rising labor costs at City Hall.

Inflation is at about 3.15% on average for 2011 and keeping up with it is challenging in a recession. Being somewhat predictable, we can manage to keep pace with it and plan for future investments in the water system.

However, Fullerton, much like Los Angeles, relies on the water rate payers to help offset and pad the ever-rising costs of labor. That's not fair.

So who at City Hall can Fullerton's water customers turn to when the City Council is dazzled by brilliance and baffled by BS?

No one. There is no one left in City Hall to turn to when City staff draft a report - true or not - that paints a grim picture of the City if rates are not immediately increased.

To counter the misleading and false emergency to generate cash-flow which will be used to make up for poor fiscal management and planning, some communities, Los Angeles included, have turned to independent advocates or rate payer advocates.

The problem is that the advocate, which might be a single individual or a committee, is appointed by the very people who have their hands in the cookie jar thus making the advocate less than independent.

Fullerton is special. Not because of the large number of schools or the inexcusable level of apparent police corruption but because Fullerton already has an independent advocate. The Fullerton Association of Concerned Tax Payers (FACT) was created in 1996 after the last recall effort of 1993-1994 when the City Council voted to create a utility tax. FACT founder, Bruce Whitaker, was elected to the Fullerton City Council in November 2010. Time and again, FACT has fought for Fullerton taxpayers. Current FACT president Jack Dean took over the organization in 2003 and has since launched http://www.pensiontsunami.com/.

FACT has helped residents, business owners, and taxpayers tackle the issue of excessive and unnecessary taxation. FACT has a close relationship with the Howard Jarvis Taxpayers' Association (HJTA) which came together recently and challenged Fullerton's illegal and unnecessary in-lieu franchise fee which skims 10% of the total revenue from the Water Fund. Some say the "fee" is nothing more than robbing Peter (the Water Fund and water consumers) to pay Paul (employee salaries, pensions, and benefits).

FACT has saved Fullerton taxpayers more than $150-million since its work to repeal the utility tax.

FACT was the sole Plaintiff in lawsuits against the Gray Davis administration and, later the Schwarzenegger administration to block the issuance of pension obligation bonds of $2 billion and just under $1 billion respectively. The second lawsuit was successful at the Sacramento Superior Court and later at the Court of Appeals and has since provided protection against the State issuing bonded indebtedness without voter approval.

FACT remains the only guardian against unfair and unwarranted taxation, whether disguised as a fee or buried in your utility bill.

If you are having a hard time digesting City-imposed fees and taxes, and if you are tired of the lip service of politicians, please support the Fullerton Association of Concerned Taxpayers - your ONLY independant advocate in Fullerton.

FPD Takes Down West Fullerton Tagger

2011-12-05T10:00:00.000-08:00

FULLERTON - "On Friday evening our detectives arrested a subject who goes by the tag name of 'Saker'," said Capt. Dan Hughes. "[FPD] rolled back to his house and discovered the items in the attached photo." (see photo at left)

Hughes says he believes "Saker" is responsible for a large amount of graffiti in West Fullerton.

"He is associated with a tagging crew called Lost For Life Krew (LFLK). We have gathered additional suspect information."

This is the third arrest in as many weeks by FPD of suspected taggers who have caused thousands of dollars in damage to public and private property.

FPD asks that if you see any crime being committed, including tagging, to call 911 immediately. You can also report graffiti to the City's 24-hour Graffiti Hotline at (714) 738-3108. You can also email GraffitiH@ci.fullerton.ca.us or enter a graffiti removal request here.

Fullerton Mayor Dick Jones Doesn't Work for Fullerton Voters

2011-12-05T04:00:00.000-08:00

FULLERTON - “I don’t work for you!” shouted Fullerton Mayor Dick Jones at the October 18, 2011 City Council Meeting. The Mayor’s statement was directed at a Fullerton resident and voter who pointed out that the Council works for the voters.

On Tuesday, November 1, the Fullerton City Council approved the employee associations’ MOU. In it, the City agreed to end the 2009 across-the-board 5% salary reduction which took the Fullerton Fire Department almost a year longer than any other of Fullerton’s employee bargaining units to agree to.

Clearly this is not a raise, but a reinstatement of employees’ full salaries. That gives me little comfort however, because the effect on the City’s budget is the same as a raise.

The current budget (FY2011-12) allocated 80% ($53,433,457) of the General Fund’s $66,641,741 to Fullerton’s public safety. 85% (31,740,804) of the Police budget and 87% ($14,803,561) of the Fire budget covers the salaries and benefits of public safety employees. Combined, police and fire employee salaries and benefits account for 69.8% of Fullerton’s General Fund. All of these percentages seem very high.

Even the City’s own Administrative Services Manager, Julia James, pointed out these costs in her April 26, 2011 report to the City Council. She said, “the Proposed Budget for 2011‑12 and 2012-13 projects a General Operating Funds deficit of over $8 million over the next two years due primarily to increased employee retirement and group insurance costs.”

James goes on in the same report and explains how the City plans to make up the $8-million shortfall. “Unfortunately, expenditures continue to outpace revenues despite the extensive cost cutting measures implemented in the last budget year. As the majority of increases relate to employee benefits it is anticipated that the budget deficit will be closed primarily through employee negotiations in the coming months.”

After these failed negotiations and other questionable increased revenue estimates, the City will still have a multi-million dollar deficit.

Considering Mayor Jones’ public outburst, the Fullerton City Council has shown taxpayers and voters who they really work for, the public employee unions.

As Fullerton’s City Council continues to ignore the multi-million dollar deficit and shirk their fiduciary responsibility, I find even more reason to recall Mayor Dick Jones, former police captain turned council member Don Bankhead, and former police chief turned council member Pat McKinley.

L to R: Bruce Whitaker, Don Bankhead, F. Dick Jones, Pat McKinley,
and Sharon Quirk-Silva (Photo courtesy of TheFullertonian.com)

Fullerton Water Rates

2011-11-29T05:00:00.001-08:00

Is there any basis for a rate hike?

Administrative law judge Douglas Long thinks the Suburban Water District's recent attempt to hike rates for customers in Whittier and La Mirada nearly 40% was excessive. The San Gabriel Valley Tribune reported that the judge has recommended a reduction in Suburban Water System's rate-hike request now before the state Public Utilities Commission.

I can only imagine what the judge would think of Fullerton's recent attempt to jack water rates by 90%.

City Hall has had a tough time accounting for how they determine what you should pay and why. It seems the rate structure is either a trade secret (think franchise tax) or too complex for words (think indefensible).

Keep a weary eye on your water bill...

FERPing - It's as bad as it sounds

2011-11-29T05:00:00.000-08:00

Back in April 2010 I brought you FERPing.

The Faculty Early Retirement Program, as the name implies, allows faculty to retire early and then come right back to work. On the surface it creates a lower fiscal burden on local university funding which looks like a cost savings for guys like Milton A. Gordon, who gets $302,042 per year while living rent-free at the El Dorado Ranch. The reality is that it costs tax payers and students statewide more than utilizing the lower paid part-time faculty who, under FERP, are forced out.

Even the Fullerton Observer could see the problem with FERPing.

Now FERPing is back but this time the Orange County Register picked up the story. As the Register's Timothy Sandoval surmises about one professor, "Kreiner benefits from an obscure California State University program that allows professors and librarians to retire and continue to work part time, collecting both a pension and a paycheck."

The bottom line is simple: WE PAY MORE. We get nothing in return. Students have to pay higher fees and tuition while full-time faculty cash in.

CSU faculty apparently aren't afraid to strut their sense of entitlement either:

"I think it's fair," Kreiner said. "If you work for a place for 40 years and contribute to its growth, you have earned it."
Kreiner said in addition to classes, he advises graduate students and continues to conduct research papers, which adds to the university's reputation. He also notes that he is one of the "founding fathers" of the mechanical engineering department at the school.

FERP is by far the clearest form of pension abuse. As Jon Coupal of the Howard Jarvis Taxpayer's Association said to the OC Register, "When someone retires one week and shows up for work on Monday – even if it is part-time work – it is a reflection of a system with a low retirement age."

Many government workers retire from government job "A" and go to work at government job "B". Then they retire AGAIN and go to work for government job "C". They do this while collecting multiple pensions. The double and triple dipping, as it is often referred to, is indicative of a broken retirement system.

People used to retire because they could no longer work productively at a given age, such as 65 or 70. Now public employees retire simply because they can, some as early as age 38. Then they skip off to the next public trough until they hit 50 or 55. Many head to yet the third trough. And who can blame them for gaming the system...

Another county sues municipality over redevelopment merger

2011-11-28T08:15:00.000-08:00

The Ventura County Star is reporting a familiar story being played out throughout California. Redevelopment agencies have been attempting to merge their zones or areas into a single massive redevelopment area.

According to the Ventura County Star, Simi Valley merged three redevelopment areas into one last June. Ventura County objected and has sued. The County claims the area is not blighted.

Sound familiar? It should! Fullerton has done the same thing with their massive merger of redevelopment areas.

The Fullerton Redevelopment Agency merged areas in 2009 and was sued by the County of Orange as well as a local resident and businessman. Fullerton ended up paying millions for their greed to the County in property tax revenue that the County was going lose. Over the next 45 years, the City could pay out as much as $500-million.

Many of these legal battles may not be fought in the courtroom at all. The California Supreme Court has been asked by the State's 425 redevelopment agencies to overturn the state legislation passed earlier this year which abolishes all redevelopment agencies unless they pay a "fee" to cover some of the lost revenue.

It's somewhat satisfying to watch agencies fight one another over taxes. The Cities, through their redevelopment agencies are like little Tea Parties trying to pay as little in taxes as possible. It's really quite funny until you realize its all OUR money. The City, County, and State took my money, squandered most of it on "overhead", and then gave what was left to another agency...

Special thanks to Redevelopment.us for bringing this story to my attention.

For more on Fullerton's Redevelopment Agency, CLICK HERE.

Happy Thanksgiving

2011-11-24T00:07:00.000-08:00

From our family to yours!

Councilwoman Provides Tax Relief

2011-11-21T08:34:00.000-08:00

As much as I don't like corporate welfare programs, I think Councilwoman Melendez's idea is fair and reasonable. Rather than limiting the tax relief to just new businesses or just those that are within certain districts, Melendez's program provides ALL Lake Elsinore businesses with small but meaningful incentives to continue operating and expanding with in the City. Being a small business owner, she gets it!

Can Fullerton implement a similar program?

Here is a press release from her campaign for the State Assembly about her business tax relief measures:

Lake Elsinore Councilwoman Melissa Melendez
Successful In Drive to Provide Business Tax Relief

(Lake Elsinore, CA) – Lake Elsinore Councilwoman Melissa Melendez successfully introduced and passed several business tax relief measures to provide local businesses with much needed savings from taxes and fees Tuesday night.

These measures included:

ü Waiving the fee for business license renewal through January 31, 2012

ü Waiving the fee for a new business license through January 31, 2012

ü Waiving the fee for minor design review through January 31, 2012

ü Waiving the fee for a temporary banner/sign through December 21, 2011

“Californians have had enough of politicians who simply grandstand and self-promote, but never take a real stand to support the business community,” said Melissa Melendez. “California has a jobs and economic crisis on its hands, and that requires action from elected officials, not hollow campaign promises and rhetoric. I’ve stood consistently on the side of businesses and I will continue that stance in Sacramento.”

“I’ll work to implement similar measures that suspend job-killing taxes, fees, regulations and mandates in Sacramento,” continued Melendez. “Our Legislature must take substantive measures to relieve taxes and fees and encourage small businesses to grow and create desperately needed new jobs.”

Melissa Melendez is running for the 67^th Assembly District. She is proud to have the support of key leaders like State Senator Joel Anderson and Assemblyman Jeff Gorell.

Elected to the Lake Elsinore City Council in 2008, Melissa Melendez quickly earned a reputation as an articulate fiscal conservative and free-market advocate. As Mayor, she gained a national following after her 2010 guest appearance on Fox News Channel’s “On the Record with Greta Van Susteren.”

Melissa is a 10-year veteran of the United States Navy, where she achieved fluency in the Russian language at the Defense Language Institute, Monterey, CA, and then served as a Russian translator during the Cold War and Operations Desert Shield and Desert Storm. She is also one of the first women approved by the U.S. Navy to fly aboard EP-3E reconnaissance aircraft overseas to conduct intelligence-gathering operations in partnership with our allies.

After receiving an honorable discharge from the Navy, Melissa built a transcription company, contracting with the Chief of Naval Operations, and providing services to the Secretary of the Navy as well as other top-level Pentagon officials. She holds a Master’s degree in Business Administration (MBA).

Melissa Melendez’s commitment to the local community includes service on the Regional Conservation Agency Executive Board, the Lake Elsinore San Jacinto Watershed Authority (LESJWA) Board of Directors and the Boys & Girls Club local fundraising Board of Directors. She is a former PTA president, former homeowners’ association president, a member of the American Legion, a volunteer with Habitat for Humanity, and a volunteer youth soccer coach.

Melissa and Nico Melendez live in Lake Elsinore and are raising their five children. Nico is a United States Navy veteran and active reservist. He also works for the U.S. Department of Homeland Security.

City Task Force Seeking Ideas

2011-11-21T06:36:00.000-08:00

Here is a Press Release from the City of Fullerton as they begin their work to address Fullerton's homeless.

_________________________________

Do you have an idea – large or small – that could improve the resources and services provided to Fullerton’s mentally ill homeless? The City of Fullerton and the Fullerton Task Force on Homelessness would like to hear from you.

Just log onto FullertonTaskForce.info and share your ideas.

FullertonTaskForce.info is an interactive virtual “town hall” website dedicated to soliciting ideas and feedback from the community about improving information sharing, services and resources related to the mentally ill and homeless in the community.

Al Zelinka, community development director for the city, said FullertonTaskForce.info provides residents, business people, students and other interested stakeholders with “a creative and convenient way to share ideas, provide feedback, and make recommendations on a broad variety of issues related to this outreach effort.

“This new public engagement platform allows a more diverse audience of participants that might not be able to attend conventional public meetings. Anyone interested in providing constructive ideas and solutions can simply jump on-line from work, home, school or wherever they have Internet access, and join in the discussion.”

The on-line forum will be used in conjunction with traditional public meetings to provide information to the task force.

“We are always looking for better ways to capture input and ideas from citizens,” said Rusty Kennedy, director of the Orange Cou8nty Human Relations Commission and task force chairman. “FullertonTaskForce.info is a great way to engage with people who cannot attend public meetings.”

Kennedy added, “This technology allows us to interface with hundreds of Fullerton residents and the public at-large. We appreciate that Fullerton residents have a strong desire to be involved in a constructive discussion regarding these issues in our community and this platform will allow us to better listen to citizens’ ideas and solutions.”

Further information about FullertonTaskForce.info may be obtained by calling Zelinka at (714) 738-3347, or Rob Ferrier, assistant to the city manager, at (714) 738-6760.

Community Dialogue with Community Development Director Al Zelinka this Tuesday

2011-11-18T14:46:00.000-08:00

This Tuesday Communit Development Director Al Zelinka will be holding another "Community Dialogue" from 8am-9am at the Fullerton Chamber of Commerce, 444 N. Harbor Blvd.

These have been excellent opportunities thus far to speak with Al, voice your concerns and offer up solutions.

Al believes community involvement in the planning process is "absolutely essential to achieving that goal and [he hopes] the public will take advantage of this meeting to share their ideas, issues and other information."

He will continue the bi-monthly dialogues in 2012. The schedule will be as follows:

- Jan. 25, May 24 and Sept. 27 – 6-7 p.m., Vision Center, Room 140, Grace Ministries International, 150 S. Brookhurst Road.

- March 27, July 24 and Nov. 27 – 8-9 a.m., Fullerton Chamber of Commerce, 444 N. Harbor Blvd.

Further information about the "Community Dialogue" program may be obtained by calling Zelinka at (714) 738-3347, or by email at alz@ci.fullerton.ca.us.

Persons requiring special accommodations to attend a "Community Dialogue" are asked to notify the Community Development Department at (714) 738-6547 prior to the meeting.

Taggers Hit Nicolas Junior High School, Nicolas Park, and Neighboring Business

2011-11-16T15:44:00.000-08:00

FULLERTON - Sometime Sunday night or Monday morning, taggers redecorated some walls around Nicolas Park and a neighboring business.

In what can only be characterized as amazing, two suspects were apprehended by Fullerton Police Captain Dan Hughes who, while in charge of the Patrol Division, was conducting surveillance of the area.

Yesterday, Captain Hughes responded to an email I sent him regarding the mess and if any suspects had been identified.

"I was conducting a surveillance of Nicolas and contacted two adults near the bathroom area. One had a warrant for being a parolee at large and was arrested. The other was identified but there were no violations. The parolee arrested had been found guilty on 7/15/11 of vandalism to the school property. The female that was with the parolee also has a history of committing vandalism and both live in the area. While at the bathroom area, the school principal contacted me and told me both of these individuals have been seen writing graffiti in the area and he has also video taped both. The previous graffiti they have been connected to is similar to the recent graffiti committed over the weekend."

Detective Bolden has already made progress on several cases and is moving very quickly towards several arrests in coming days. I will be following up on this next week to see if there is anything new.

After I commended Captain Hughes for his efforts to clean up our city, he modestly wrote, "Every once in awhile I get lucky and escape the paperwork to go look for bad guys. I'm glad this worked out."

So am I.In a follow up email today, Captain Hughes said that Gang Detective James Bolden has been assigned to actively investigate these incidents. This will allow all of the tagging incidents in the area to be investigated and prosecuted with the same vigor as any other gang-related crime.

Citizens' Infrastructure Review Commission Meeting

2011-11-12T21:49:00.000-08:00

Your Fullerton tax dollars at work.
(1600 Block North Riverside Drive, Fullerton CA)

Monday at 4PM the Citizens' Infrastructure Review Commission (CIRC) will be meeting in the City Council Conference Room.

The only item on the agenda is the City's Capital Improvement Program (CIP). The CIP includes all elements of the City's infrastructure. CIRC will review and provide comments on the CIP (FY2011-2014).

The meeting is OPEN TO THE PUBLIC and the public will be given ample opportunity (5 minutes) to make comments regarding the City's infrastructure including water, roads, street lights, sewer, etc.

MARK YOUR CALENDAR - Al Zelinka's Community Dialogue - November 22

2011-11-05T05:00:00.000-07:00

Fullerton Community Development Director Al Zelinka will conduct a “Community Dialogue” Tuesday, Nov. 22, which citizens can attend and discuss issues, concerns and hopes they have regarding the city’s growth and development.

The dialogue, the last in the 2011 series of bi-monthly community meetings conducted by Zelinka, will be held from 8-9 a.m. at the Fullerton Chamber of Commerce, 444 N. Harbor Blvd.

Zelinka said he started the dialogues as a means of helping his department meet the goals of its mission statement.

“I believe community involvement in the planning process is absolutely essential to achieving that goal,” Zelinka said, “and I hope the public will take advantage of this meeting to share their ideas, issues and other information.”

Zelinka added he will continue the bi-monthly dialogues in 2012. The schedule will be as follows:

- Jan. 25, May 24 and Sept. 27 – 6-7 p.m., Vision Center, Room 140, Grace Ministries International, 150 S. Brookhurst Road.

- March 27, July 24 and Nov. 27 – 8-9 a.m., Fullerton Chamber of Commerce, 444 N. Harbor Blvd.

Further information about the “Community Dialogue” program may be obtained by calling Zelinka at (714) 738-3347, or by email at alz@ci.fullerton.ca.us.

Persons requiring special accommodations to attend a “Community Dialogue” are asked to notify the Community Development Department at (714) 738-6547 prior to the meeting.

Focus On West Fullerton - Recap

2011-11-04T14:34:00.000-07:00

At Wednesday's Focus On West Fullerton Community Dialogue in the new Library Conference Center I was asked by a City official why I didn't blog about these positive events. I gave the official my blog address (GregSebourn.Blogspot.com) and said that I was pretty good about announcing these opportunities when they came up.

So, I figured a recap of the meeting was in order.

Some of the officials present included City Manager Joe Felz, Community Services Director Al Zelinka, Police Captain Dan Hughes, and Council Member Sharon Quirk-Silva. Noticeably absent from the panel was Public Works Director Don Hoppe.

Also present were various commissioners like my self.

I attended the meeting acting in my official capacity as the Chair of your Citizen's Infrastructure Review Commission (CIRC). I took notes and asked questions.

The somewhat informal meeting kicked off at 6pm with about 40 people present. City Manager Joe Felz spoke briefly and gave a general State of the City report. Community Development director Al Zelinka acted as the facilitator.

The bulk of the meeting consisted of Captain Dan Hughes and questions by residents. One of the single best things I heard was from Captain Hughes who told the audience, "Hold me accountable."

Some of the discussions included crime prevention, crime mapping, and how to deal with the police department effectively.

Also, discussed were quallity of life issues like tagging. Captain Hughes described a recent crackdown on taggers that used a number of plain-clothed officers from the patrol division.

If you have a Police Department issue, please use the following phone numbers:

Front Desk 714-738-6816

Dispatch 714-738-6800 (press zero)

Capt. Hughes 714-738-6840

My short mention of the lengthy discussion doesn't do justice in describing the depth and breadth of Captain Hughes' nearly 2-hour attempt to inform the public.

Many residents complained of poor lighting, deteriorating roads, and "abandoned" buildings.

Some residents proposed turning the vacant Fullerton Dodge property at 1100 W. Orangethorpe into a park. Many were concerned about too much high-density residential development on the west side.

Many of the comments and questions pertaining to lighting and roads would have been best directed to Public Works Director Hoppe. In his absence, the other officials made attempts to address the concerns.

The people speaking need to use a microphone. A large number of the residents appeared to be senior citizens and many told me that it was very hard to hear.

City Manager Joe Felz explained that the City is looking at a shift in the use of Redevelopment Agency funds. Felz explained that state law requires 20% of the funds be spent on affordable housing. The remaining funds could be spent on infrastructure needs like roads and sidewalks. He said there were a couple of pending law suits which would ultimately decide if the money could be used in such a manner.

Those who know me also know how I feel about the Redevelopment Agency. Since this post is specifically to address the meeting, I will refrain from expressing my opinion of the Fullerton Redevelopment Agency.

Lastly, and most importantly, the department heads (PD, Community Development, City Manager) are talking to one another. They are attempting to reorganize a downsized City Hall and address the issues which many feel were ignored by their predecessors.

I will give the Citizens Infrastructure Review Committee a brief report on the meeting to share the concerns brought forward by the public. Tentatively, the next CIRC meeting is scheduled for November 14 at 4PM at City Hall. The public is encouraged to attend and speak about infrastructure related issues or just listen.

Despite $1.7-Million Savings, City Still Operating MILLION$ in the Red

2011-11-02T10:38:00.000-07:00

Between the City of Fullerton's Press Release and the Orange County Register, you would think that last night's passage of employee MOU labor agreements was the best thing to happen in Fullerton in many months. Maybe for the employees it is.

The city's press release is quick to state that the City will "save" nearly $1.7-million in FY2011-12 and FY2012-13.

The problem is that the budget mentioned had an $8-MILLION deficit.

Between these MOUs and some recent financial reports with some cost-saving measures, the City has closed that gap to a little less than $6-MILLION.

But there still exists a multi-million dollar deficit. Unless someone can show me the financial reports that explain how that gap was closed, I'm inclined to continue my fight to cut at City Hall.

Remember back on April 26 of this year when Administrative Manager Julia James said the budget was short by $8-million? And remember when she said the City would make up the deficit by renegotiating with employees?? You don't? Well, here is the report she issued, read DISCUSSION:

click to see full-size

It was a nice thought but a complete failure. We are still $6-MILLION in the red.

REMINDER - FOCUS ON WEST FULLERTON - TONIGHT

2011-11-02T09:25:00.000-07:00

You’re invited to…

A Dialogue with
Fullerton City Manager Joe Felz

Fullerton Police Captain Dan Hughes

Fullerton Community Development Director Al Zelinka

And other members of your City of Fullerton team

TONIGHT!

WHY?
Over the next several months, meetings will be organized to facilitate dialogues between the Fullerton community and members of its City of Fullerton team.

The purpose of this planned meeting is to have a productive dialogue between West Fullerton community members and City staff about quality of life issues and explore approaches, ideas, and solutions related to them.

WHEN?
TONIGHT - Wednesday, November 2, 2011 – 6:00pm-8:00pm

WHERE?Fullerton Main Library – Conference Center
353 W. Commonwealth Ave. Fullerton, CA 92832

MORE INFORMATION…For more information, please contact Al Zelinka, Community Development Director for the City of Fullerton at 714-738-3347 or alz@ci.fullerton.ca.us.

The Taxpayer-Subsidized Racing Boat?

2011-10-31T11:55:00.000-07:00

The City Council would like to give Sunny Hills High School $2,500 and sponsor the school’s participation in the annual Solar Cup Race.

Interestingly, the race is being put on by our water supplier, the Metropolitan Water District of Southern California.

The idea behind the race, according to the City of Fullerton staff report, is for the high school students to build and race solar powered boats.

And what are the benefits to the taxpayers? According to the same staff report, the benefits to MWD and its member agencies include:

Promote stewardship of natural resources, water quality and recreation
Increase understanding of water conservation and many issues, perspectives, and science of water
Greater ties to secondary education audience (high schools) in our service area
Legislative outreach opportunities both locally and regionally
Intense collaborative effort between MWD and sponsoring agencies
Community outreach opportunities to service groups retirees or organizations – Lions, Elks Clubs
Increase awareness to paths into water industry careers

And where will the $2,500 come from? The Water Fund. This is the same fund that, just a few short months ago, city staff were crying was underfunded and that they just had to raise our water rates. They said they wanted to sell tens of millions of dollars in bonds to fund replacement of the City's ancient water system.

How is it we went from “Captain, Captain, the ship is sinking!” to floating a $2,500 sponsorship fee (made payable to a public agency – MWD) for a high school outreach program?

What could have changed? Did ending the decades-long franchise tax on the Water Fund result in more cash on hand for “outreach” efforts like this? Was there a sudden revenue spike in Water Fund revenue resulting in a massive surplus?

Is this water education allocation a good use of public funds at a time when we are being asked to pay nearly double on water rates? Does the Water Fund’s “water education” allocation need some scrutiny?

If any of these questions have raised the hair on the back of your neck, you might want to ask your City Council to justify this $2,500 expenditure. In 2009, the City Council voted to support the Sunny Hills Team for the 2011 race in name only and not give them any funding. That was responsible.

So what changed since 2009? Our City Council voted to approve a two-year budget with a $8-million deficit and passed a $29-million tax bond that will cost Fullerton taxpayers $45.5-million! Oh, and in 2010, the City Council voted to resume sponsorship of the team. Now we’re broke!

Time and again, we see Fullerton’s failed leadership implement meaningless policies with little benefit to the taxpayer who makes it all possible.

Waste at any level is waste and when we have a massive deficit coupled with out of control spending, it's time to stop the party bus.

I know some of the teachers involved in the Solar Cup Race at Sunny Hills. These are truly some of the brightest minds our high school district has to offer. My opposition is to the City's use of our funds for the sponsorship and not extracurricular activities that help students learn.

I suggest the Sunny Hills team have fundraisers like the other clubs and athletic teams. They should start soliciting donations from the District’s Board Members and Superintendent.

The team should contact all of the City's, as well as the District's, employee unions and ask for donations. Come election season they always seem to be flush with cash for campaign signs and glossy mailers - surely their members would like to contribute to such a worthy cause.

They can even call me, I'd love to chip in. When the City said no in 2009, Marty Burbank jumped in and donated. (MY HAT'S OFF TO YOU, MARTY!!) But please don’t ask for money from City Hall until we can pay off the mounting debt and balance the budget.

Fullerton's Employee Unions Rearrange the Deck Chairs

2011-10-31T07:09:00.000-07:00

Fullerton’s employee unions have come to the bargaining table and rearranged the chairs for new employees.

The result is an immediate revenue drain due to the end of the 5% pay-back salary reduction that employees have been subject to since 2009.

There are some long-term savings in the MOU but the end results are not nearly enough to dodge the pension tsunami which has been propelling us towards municipal bankruptcy.

Don’t forget that the City Council approved the FY2011-2013 budget with a $8-million dollar deficit, citing that negotiations with the bargaining units would cover the shortfall.

Time and again, the City Council has refused to heed the advice of countless experts, even ignoring commonsense.

How do you spell Failure? F-U-L-L-E-R-T-O-N!

Who gets what...

The Fullerton Municipal Employees Federation (300± members):

No across-the-board raises.
5% salary pay-back is ended. This will be like a 5% raise and is a salary reinstatement for the 300 or so members.
$1,000 increase from $1,500 to $2,500 for tuition reimbursement.
Second tier for retirement for new employees that averages a retiree’s highest 3 years instead of using the single highest year for calculating retirement.
Eliminated the cap on sick-leave payout.
7% employee cost sharing for CalPERS benefits.
Medical benefits have no change for first year. Second and third year share 50/50 increases in premiums.
Capping of retiree benefits for new hires.

The Fullerton Police Officer’s Association - Safety Unit (135± members):

No across-the-board raises.
End 5% salary pay-back. This will be like a 5% raise and is a salary reinstatement for members.
Second tier retirement for new employees replacing 3%@50 with 3%@55 and the average of a retiree’s highest 3 years instead of using the single highest year for calculating retirement.
Increase retirement cost sharing from 2.252% for CalPERS to 9.252% for current employees and 9% for those hired under the 3%@55 formula.
Medical benefits have no change for first year. Second and third year share 50/50 increases in premiums.

The Fullerton Police Officer’s Association - Dispatchers Unit (15± members):

No across-the-board raises.
5% salary pay-back is ended. This will be like a 5% raise and is a salary reinstatement for members.
$1,000 increase from $1,500 to $2,500 for tuition reimbursement.
Second tier for retirement for new employees that averages a retiree’s highest 3 years instead of using the single highest year for calculating retirement.
Eliminated the cap on sick-leave payout.
7% employee cost sharing for CalPERS benefits.
Medical benefits have no change for first year. Second and third year share 50/50 increases in premiums.

The Fullerton Firefighters’ Association (80± members):

No across-the-board raises.
End 5% salary pay-back. This will be like a 5% raise and is a salary reinstatement for members
Second tier retirement for new employees replacing 3%@50 with 3%@55 and the average of a retiree’s highest 3 years instead of using the single highest year for calculating retirement.
Increase retirement cost sharing from 2.557% for CalPERS to 9.557% for current employees and 9% for those hired under the 3%@55 formula.
Medical benefits have no change for first year. Second and third year share 50/50 increases in premiums.
7% cost sharing for all miscellaneous employees represented by unit.
May later meet and discuss staffing configuration changes.
“Provision to allow compliance with new DMV requirements for physical examinations.”

LightSquared not such a bright idea

2011-10-29T05:00:00.000-07:00

Written by Coalition to Save Our GPS
Thursday, 27 October 2011

Misstatements hide $10 billion spectrum windfall at expense of taxpayers; LightSquared shirks its responsibility for the billions its plans would cost governments and consumers

Summary: LightSquared repeatedly misstates and rewrites history in order to try to push through its ill-conceived plan to repurpose mobile satellite spectrum (MSS) to build a nationwide terrestrial network. It’s using legal double speak to hide a $10 billion spectrum windfall – money that should be going to U.S. taxpayers. And, it’s offering up just a pittance towards the billions it would cost federal, state and local governments, as well as consumers, if its plans are allowed to go forward.

LightSquared’s Attempts to Rewrite History: LightSquared has time and again repeated its self-serving claim that it has been authorized for years to build its recently proposed nationwide terrestrial network, and that this alleged prior authorization shifts the burden of avoiding interference to GPS manufacturers and users. One of many examples is this August 2011, LightSquared statement:

“The public record shows that the Commission first approved rules allowing terrestrial operations in the L-band in 2003. LightSquared received its authorization to conduct terrestrial operations in 2004. LightSquared has had the legal right to build the network it is building today – with the same number of towers and power levels – since 2005. The interference at issue today arises because of sensitivity of GPS receivers to LightSquared’s base stations, operating at the power level authorized in 2005.”

LightSquared’s assertion is flat out wrong. It completely ignores clear statements in prior FCC decisions and rules. In fact:

LightSquared has never had the legal right to build a nationwide terrestrial network in the satellite MSS band.

If the FCC had granted rights to use this spectrum for nationwide, terrestrial-only wireless services, it would have been required by law to auction those rights to the highest bidder.

What LightSquared is really trying to do here is rewrite history so that it receives a massive increase in the value of its spectrum over what it paid for it and shift the costs of eliminating interference to GPS users, including federal, state and local governments, and GPS manufacturers.

The Real FCC History and Facts:

Prior FCC decisions – including the ones that LightSquared seeks to rely on for its claim of “legal right” – made absolutely clear that MSS licenses could not offer the kind of stand-alone terrestrial services that LightSquared has now proposed and the FCC’s International Bureau (IB) conditionally approved. As early as 2003, the FCC stated categorically that “[w]e do not intend, nor will we permit, the terrestrial component to become a stand-alone service.”[i]

MSS licensees in the L-band, including LightSquared, have long been on full notice that the FCC would take further action to protect GPS if interference issues arose. In the same 2005 order that LightSquared says approved its plans, the FCC committed to take actions necessary to “ensure that all FCC services provide adequate protection to GPS.”[ii] Given this commitment and the clear language of the FCC’s rules, LightSquared could not reasonably rely on these decisions as authorizing nationwide terrestrial use and a shift of the burden of interference to GPS users.

As recently as the 2010 National Broadband Plan, the FCC reiterated the limited nature of permitted terrestrial operations in the MSS spectrum – these only included operations to fill-in the satellite service footprint. The FCC explained that “[t]he ATC [ancillary terrestrial component] rules allow MSS providers to deploy terrestrial networks to enhance coverage in areas where the satellite signal is attenuated or unavailable” and that “MSS licensees must integrate MSS and ATC services, including, notably, a requirement that all ATC handsets must have a satellite communications capability.”[iii]

When the FCC’s IB conditionally permitted LightSquared to provide stand-alone terrestrial services in January 2011, it rejected LightSquared’s claim that it already had the authority to do so. Instead, the IB waived the “integrate MSS and ATC services” rules in order to grant LightSquared’s conditional approval.

The International Bureau’s January 2011 conditional order, by waiving restrictions on terrestrial use of the MSS band, also exposed GPS users to massive interference.

LightSquared has repeatedly claimed that the January 2011 waiver decision had “nothing to do with interference.” But nothing could be further from the truth.

By requiring an MSS licensee to integrate any terrestrial offering with its satellite service, the ATC rules effectively require the licensee to operate the terrestrial component in a manner that does not interfere with the satellite component. This “self-correcting” mechanism provided strong protections to GPS satellite services in the adjacent spectrum. This is why NTIA told the FCC in January 2011 that LightSquared’s November 2010 proposal, which for the first time proposed terrestrial-only services and use of terrestrial-only handsets, presented a “new interference environment” for GPS.[iv] The FCC’s January 2011 waiver order removed these practical protections, but still required that LightSquared demonstrate non-interference to GPS.

LightSquared’s license was – and remains – subject to a general FCC rule that MSS terrestrial operations are not permitted to cause interference to other services, including GPS, and that LightSquared is obligated to cure any such interference.[v] LightSquared’s contention that GPS users are somehow responsible for mitigating the interference that LightSquared would create is false. It has no legal right to commence interfering operations or shift the burden of curing interference to GPS users.

Massive Spectrum Giveaway: There are many motivations for LightSquared to seek to rewrite history. One of the less obvious reasons is that if its rewrite of history is accepted as fact and its plans go forward, LightSquared would receive a massive $10 billion increase in the value of its spectrum.

Because of these restrictions limiting terrestrial use, the value of the MSS spectrum held by LightSquared’s predecessor was much lower than the value of other spectrum – such as Advanced Wireless Service spectrum – in which ubiquitous, terrestrial-only use was permitted.

The FCC’s National Broadband Plan recognized that granting terrestrial authority would “step up” spectrum values. And LightSquared’s own consultants, the Brattle Group, this year estimated that LightSquared’s mobile satellite spectrum is worth $12 billion if it could be used for unrestricted terrestrial mobile broadband use, but only $2 billion if limited to satellite uses.[vi]

LightSquared said that it paid approximately $2 billion for its MSS spectrum rights. So, all sophisticated market participants understood that LightSquared was not authorized to use the MSS spectrum for nationwide terrestrial use in 2005 or even 2010, when Harbinger Capital Partners, which controls LightSquared, bought out the company’s predecessor.

If allowed to go forward, LightSquared gets to pocket the $10 billion increase in spectrum value that would result. Again, it’s important to note that the FCC relied on the extensive restrictions on MSS described in the above “The Real FCC History and Facts” to avoid auctioning terrestrial rights when it authorized “ancillary terrestrial” operations in this spectrum in 2003.[vii]

LightSquared should not be allowed to use this legal double speak to enjoy massive unjust enrichment while harming GPS users.

Drain on U.S. Treasury: The massive replacement costs for federal government GPS equipment and systems that would be caused by LightSquared’s plans would create a major drain on the U.S. Treasury. LightSquared is shirking its financial responsibilities, relying on its bogus claim of “legal rights” to terrestrial use to argue that GPS users and manufacturers should pay the bill for eliminating interference.

LightSquared admits that even under its latest revised plans, hundreds of thousands of high precision GPS receivers used by government and private users would suffer interference. But it has offered only a pittance, $50 million, to replace or retrofit affected equipment. And, it is yet to be proven that LightSquared will not also interfere with hundreds of millions of consumer GPS devices, which is why NTIA and the FCC recently called for more testing.

The head of the Air Force Space Command, Gen. William Shelton, testified at a September 15, 2011 House Armed Services Subcommittee hearing that it would be safe to say that if LightSquared is allowed to proceed with its plans the cost just to the Department of Defense to address interference from the LightSquared network “would be in the b’s – billions of dollars.”

Add to that the cost of replacing many more billions worth of GPS equipment owned by other federal, state and local government users, as well as businesses, farmers and consumers that would be harmed by LightSquared’s plans.

Massive Federal Government Costs: The costs of replacing GPS in federal government uses could be in the range of $245 billion if LightSquared’s plans go forward, a sampling of department and agency impact assessments shows. And that figure does not include any estimates from heavy government users of GPS such as the Departments of Homeland Security, Agriculture and Energy.

The documents paint a vivid picture of how widespread and engrained the use of GPS, particularly high-precision GPS, is in the federal government and lends insight into the massive nature of the potential costs and disruptions of critical federal government services. Excerpts of the impact assessments and testimony about the cost of replacing GPS devices and infrastructure in the federal government are available at the Coalition’s website here.

Bottom Line: All in all, LightSquared’s proposal represents a new low in financial engineering at the expense of the

U.S.

taxpayer. Never before has a single company tried to gain so much from our national spectrum resources and pay so little for the collateral damage caused by its plans.

--------------------------------------------------------------------------------

[i] Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Bands; Review of the Spectrum Sharing Plan Among Non-Geostationary Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4 GHz Bands, Report and Order and Notice of Proposed Rulemaking, 18 FCC Rcd 1962, ¶1 (2003).

[ii] Flexibility for Delivery of Communications by Mobile Satellite Service Providers in the 2 GHz Band, the L-Band, and the 1.6/2.4 GHz Bands, Memorandum Opinion and Order and Second Order on Reconsideration, 20 FCC Rcd 4616, ¶ 70 (2005).

[iii] National Broadband Plan, Recommendation 5.8.4., p. 87.

[iv] Letter from Lawrence Strickling, NTIA, to FCC Chairman Julius Genachowski, January 12, 2011, at 1.

[v] Section 25.255 of the Commission’s rules states that: “[i]f harmful interference is caused to other services by ancillary MSS ATC operations, either from ATC base stations or mobile terminals, the MSS ATC operator must resolve any such interference.”

[vi] Brattle Group Report, June 22, 2011, pp. 1 n. 2, 8-9.

[vii] Letter from Trimble Navigation Limited to Strategic Forces Subcommittee, House Armed Services Committee, October 6, 2011, p. 13, fn 38.

Private Outsourcing of Police Services

2011-10-28T05:00:00.000-07:00

I'm not sold on the idea of outsourcing Fullerton's police services to a private company but we do need to look at all of our options.

Ackerman's Death-Grip on Fullerton Taxpayers

2011-10-26T10:01:00.000-07:00

The same three Fullerton City Council Members who are being recalled voted on August 16, 2011 to give a multi-million-dollar contract to St. Anton Partners for an "affordable housing" project in Downtown Fullerton. Why does any of this matter? St. Anton Partners' legal representation for this specific project is none other than the same employer for long-time Irvine resident and former Fullerton Mayor Dick Ackerman, Nossaman LLP.

Click HERE and view page 16 of St. Anton Partners' "winning" proposal where they list Nossaman.

Dick Ackerman is also spearheading "Protect Fullerton - Recall No" on behalf of those same council members who just voted for his client's big ($9.5-million) contract. (see image at left)

Any one who thought Mayor Jones, Mayor Pro Tem Bankhead, and Council Member McKinley were going to live up to their "transparent and open government" platform are sorely mistaken.

Jones, Bankhead, and McKinley have nothing to offer Fullerton but more law suits, failed policies, and a legacy of corruption.

Image borrowed from FullertonsFuture.org and blogger "Nipsey"

Stockton's Redevelopment Failure Gives Fullerton a Dismal Outlook

2011-10-25T15:59:00.000-07:00

A Bloomberg Businessweek article on Stockton (CA) Redevelopment's possible default should have many of Fullerton's Redevelopment Agency supporters biting their nails.

Stockton declared a fiscal emergency in May and is now warning that the RDA may default on a 2006 bond obligation with the debt service outpacing revenue to the tune of $858,000.

Fullerton has several outstanding redevelopment bond obligations. In July 2010 the Fullerton RDA announced spending $22.7-million for low-income housing and then in October 2010 the RDA passed a $29-million bond which is expected to cost taxpayers $45.5-million of the following 16 years.

Putting these figures in perspective, the Fullerton RDA receives about $17-million per year to cover all of the agency's debts and project development.

And we cannot forget yet another expense incurred by Fullerton's RDA, something I call the "Brown Taxes" after our own Governor Brown. Sacramento's ABX1-26 & 27 is aimed at recovering tax revenue from redevelopment agencies, Fullerton's RDA paid out $6.26-million in Brown Taxes.

This is the same redevelopment agency which planned to spend $6-million to move a McDonald's 200 feet!

With several bond obligations, Brown Taxes, slumping property tax increment revenue, poor direction, and pending litigation, the Fullerton Redevelopment Agency would be doing us all a favor if they just closed their doors for good.

FOCUS ON WEST FULLERTON - City Officials Seek Public Input

2011-10-21T05:00:00.000-07:00

You’re invited to…

on November 2, 2011

A Dialogue with

Fullerton City Manager

Fullerton Police Captain

Fullerton Community Development Director

And other members of your City of Fullerton team

Joe FelzDan HughesAl Zelinka
WHY?
Over the next several months, meetings will be organized to facilitate dialogues between the Fullerton community and members of its City of Fullerton team.
The purpose of this planned meeting is to have a productive dialogue between West Fullerton community members and City staff about quality of life issues and explore approaches, ideas, and solutions related to them.
WHEN?
Wednesday, November 2, 2011 – 6:00pm-8:00pm
WHERE?
Fullerton Main Library – Conference Center
353 W. Commonwealth Ave. Fullerton, CA 92832
MORE INFORMATION…

Fullerton at 714-738-3347 or alz@ci.fullerton.ca.us

For more information, please contact Al Zelinka, Community Development Director for the City of

FOCUS ON WEST FULLERTON

Councilwoman Speaks Out Against Fellow Republican for Sex Assault Remarks

2011-10-20T13:34:00.000-07:00

FULLERTON - Villa Park Councilwoman Deborah Pauly spoke to KFI's John & Ken Show at yesterdays Fullerton Recall rally to condemn the October 17th remarks of fellow Republican Pat McKinley.

Villa Park Councilwoman Deborah Pauly

McKinley is the recently retired chief of Fullerton's police department and is currently a Fullerton City Council Member who is the target of a massive recall effort.

Monday, McKinley spoke to a group of women about personal protection against predators.

An unidentified woman asked the former chief and author of She-Bear how women could protect themselves from police officers like the recently fired Albert Rincon.

Rincon is alleged to have sexually assaulted more than half a dozen woman after falsely arresting and kidnapping them. The City recently settled to give at least two victims $350,000 to drop their federal civil rights law suit.

McKinley, speaking of Rincon's victims, told the women in the audience that "Those ladies [Rincon's victims] weren't like..." sweeping his arm across the audience, "...like this [the ladies of the Brea Soroptimist Club]."

McKinley's words were repeated by Councilwoman Pauly on the John & Ken Show. Pauly takes issue with McKinley's dismissal that it is not a big deal if certain woman are groped, assaulted, falsely arrested, and kidnapped by police officers.

McKinley can be heard saying on this video that "it wasn't a sexual assault. It was inappropriate touching. It's not a good thing but it aint a dangerous thing."

These words have sparked public outrage at the gross insensitivity of the former chief who hired the now fired Rincon.

Pauly's words on the John & Ken Show even inspired Christine Walker, a Democrat and member of Kelly's Army, to join the Republican Party. When asked why she was joining the GOP, she looked at Pauly and said, "By what you said today, it moved me and I appreciate what you have done for us [women]. Without people like you, we are nothing and I'm registering today to help support you."

Villa Park Councilwoman Deborah Pauly to Run for 3rd Dist. Supervisor!

2011-10-18T17:10:00.000-07:00

DEBORAH PAULY ANNOUNCES RUN FOR 3RD DISTRICT SUPERVISOR
“Chuck DeVore’s Departure Leaves A Big Hole in the Race That I Intend to Fill”

OCTOBER 17, 2011 – Orange County, Calif.

In a surprise announcement at the regular meeting of the Central Committee, Republican Party of Orange County, Deborah Pauly declared her candidacy for the Board of Supervisors, 3rd District.

“Chuck DeVore’s email last Friday that he was moving out-of-state left a big hole in this race,” said Pauly. “The voters in the 3rd District deserve to see a true limited government, fiscal conservative on the ballot. Chuck was a man of principle and integrity, who could not be bought. He could always be counted on to do the right thing by the taxpayers he represented.

“I was very sad to see him leave the Board of Supervisors race because he best represents the way I think,” said Pauly. “I intend to fill the void that he left.”

The Honorable Deborah Pauly is serving her second term as Councilwoman for the City of Villa Park. In a Tea Party upset of entrenched party leaders this past January, she was elected by her peers to serve as 1st Vice Chair of the Republican Party of Orange County.

The 3rd District is currently represented by Bill Campbell, who terms out in 2012. The district covers Anaheim Hills, Cowan Heights, El Modena, Irvine, Lemon Heights, Orange, Orange Park Acres, Tustin, North Tustin, Villa Park, Yorba Linda and the canyons.

###

Mileage Tax Coming Soon?

2011-10-18T06:00:00.000-07:00

As a licensed professional land surveyor, I have an acute awareness of our infrastructure. Our roads and utilities are aging and no one wants to deal with it.

President Obama thinks infrastructure maintenance and construction jobs are the answer to our economy even though they are all temporary employment.

Some of my engineering counterparts like the idea of big federal expenditures on our infrastructure and the lucrative contract to be gained. Indeed, I too could benefit from a Big Dig.

One of the ideas being promoted by my engineering colleagues is the Vehicle-Miles-Traveled Fee or mileage tax as I prefer to call it.

There is a notion in the engineering community that the current gas tax just isn't sufficient for keeping up with the wear and tear on our roads because of mileage efficient vehicles and that a usage-based tax is more appropriate.

How quickly we have forgotten one of the principle reasons for implementing the gas tax: to encourage use of public transportation systems.

Additionally, we have forgotten what we used to do before the gas tax. Not that long ago, we relied on the general fund to pay for roads.

President Obama’s National Commission on Fiscal Responsibility and Reform recommended a gas tax increase at the federal level last December when it issued its report to America. The financial "experts" who came up with this recommendation made this argument: The current transportation trust fund is falling behind the government’s outlays, once again requiring transfers from the general fund to cover transportation costs. The commission called for additional gas tax revenues to be dedicated to fully funding the transportation trust funds and therefore eliminating the need for dipping in further to general fund. The gas tax has freed up funds making it possible for the President and Congress to funding pet projects like wars.

It could be argued that the best way to prevent unnecessary military conflicts might be to end all of the various special taxes and fees so that Congress must fund domestic programs ahead of foreign military campaigns with obscure objectives.

A quick internet search of "gas tax" brings up numerous blogs, PR pieces, and reports about why we need a higher gas tax.

According to http://www.gaspricewatch.com/usgastaxes.asp California's gas tax is $0.18 per gallon. Other California gas taxes include a 6% state sales tax and 1.25% county, plus additional local sales taxes and 1.2 cents per gallon state under-ground storage tank (UST) fee.

So, as the gas tax is not quite keeping up with the needed infrastructure repairs, many are looking for the quick fix solution in rate hikes for everything from water, gas, roads, and even emergency services in some jurisdictions. I don't think raising the gas tax will change anything. Our same lack of fiscal discipline will soon find us looking to raise taxes elsewhere.

The elephant in the room being ignored are the various allocations from General Funds to cover salaries and benefits. Locally, in Fullerton California, 80.2% of the General Fund is spent on Public Safety and 69.8% of the City's General Fund is spent paying the Public Safety salaries and benefits (City of Fullerton FY2011-2012 Adopted Budget).

The question shouldn't be which tax or fee to raise but rather where to cut spending.

$1,331,519

2011-10-17T08:54:00.000-07:00

Sunday I joined 13,000 people at Disneyland to raise money for Children's Hospital of Orange County (CHOC). Our team, St. Angela Merici School or Team SAM, had 175 walkers who collectively raised more than $7,500.

As of Monday morning, the CHOC Walk website was reporting that $1,331,519 was raised and, after seeing my son's medical bills from his visit at CHOC last year, I know they need a whole lot more than what was raised!

As the holidays approach I hope you will think about all of the children and their families at CHOC who are relying on medical and scientific breakthroughs to deliver miracles. I hope you will pray for all of them and make a donation to CHOC.

Fullerton council member describes a completely dysfunctional City Hall

2011-10-13T09:09:00.000-07:00

Fullerton City Council Member Bruce Whitaker spoke on camera about the dysfunction plaguing Fullerton City Hall. He describes receiving reports that were complete fabrications and being stonewalled by City Manager Joe Felz and the City's Risk Manager.

Fullerton's previous risk manager, Darryl Raymond Phillips, pleaded guilty in June to several work-related felonies.

After all of the signs of government corruption that we have seen in recent months its no surprise that managers and department directors are not cooperating. Their actions beg the question, what are they hiding? Public humiliation or something much larger?

Please watch this video through to the end.

Fullerton Fire Department warns business about bogus safety inspections

2011-10-13T08:20:00.000-07:00

The Fullerton Fire Department is cautioning business owners to be on the alert for a group of individuals who conduct unsolicited “inspections” of a business’ fire safety systems.

At the conclusion of the “inspection,” the individuals will present the business owner with a document that resembles an inspection report, but is actually a bill.

Fullerton Fire Marshal Julie Kunze said approximately six local businesses have been targeted by the individuals over the past month, adding the group’s activities seem to be picking up pace. She also noted they are hitting surrounding cities, and have targeted businesses in Los Angeles County, as well.

Kunze said while the individuals do not specifically say they are from the Fire Department, they wear dark blue shirts and pants resembling a firefighter’s uniform. They then inform the owner or manager of the business that they are there to conduct an inspection of their business or the fire safety system.

“They walk around the business while marking off items on a clipboard,” Kunze said. “At the conclusion of the ‘inspection,’ they ask the business owner to sign the ‘inspection’ form. By signing, the business owner has agreed to pay a fee for the work, and if they don’t pay immediately, they are turned over to an aggressive collection agency.”

Kunze said fees charged for the alleged ‘inspections’ have ranged from $100-$300.

The Fullerton Fire Department does conduct annual inspections of businesses and fire safety systems; however, “the Fire Department does not charge for the service,” Kunze said. “The department never contracts with a private business to conduct the inspections.”

Kunze added when fire personnel conduct an inspection, “They will always be in a Fire Department uniform, wearing a Fullerton Fire Department badge, as well as a department patch on one sleeve, and driving a department vehicle, such as a fire engine or clearly marked fire car.”

Kunze said businesses approached by the phony inspectors should immediately call the Fire Prevention Division of the Fullerton Fire Department at (714) 738-6500. “It would be very helpful if the business owners could provide us with descriptions of the individuals, as well as their vehicle, including the license plate number,” she said.

However, she added business owners should never attempt to challenge these people or in any way or put their personal safety in jeopardy. “Business owners do not have to allow these people on their premises,” Kunze said. “They can politely decline the inspection and then call the Fire Department.”

Further information about the Fire Department’s business fire safety inspections may also be obtained by calling the Fire Prevention Division.