The Desert Rat, Author at Friends For Fullerton's Future

August 26, 2012August 26, 2012Behind Closed Doors

Jan Flory Talks About Sex and Water

Jan Florys Head — Correct. We do not want you to discuss sexy issues.

Okay this post is not about Jan Flory discussing anything remotely “sexy” because the thought of that…well, never mind.

The post is about her latest Facebook scribblings in which she opines on a subject near and dear to the hearts of Fullerton reformers: the illegal 10% tax on your water that the City collected for the past 15 years. $27,000,000 worth.

First I’ll start by stating what you could have already guessed. Jan Flory does not want you to get a refund of the theft. In her world-order the taxpayers are meant to be milked, not refunded.

Her assertion that the collection was “illegal” the past three year is a bad lawyer’s half-truth that amounts to a bald-faced lie, of course. It has been illegal for 15 years, six of them on her watch as a council person. The City has a legal opinion that it is only obligated to refund three-year’s worth of the theft. Not the same thing, is it? Of course Mrs. Flory is desperate to disassociate her name with the tax. Too late. She is on record in the 90s as having known it was wrong and doing it anyway.

Mrs. Flory and her ilk love footling committees, especially when they are selected by ozone brains like Jone, Quirk, McKinley and Bankhead. Even better are the “consultants” selected by staff who give them their marching orders. The “report” cooked up by the water rate consultant was so evidently bogus that it hardly needs to be restated. But I will: their goal was to gin up as much phony cost as possible to keep the bureaucrats greedy little fingers on that 10%. Flory may think this gives her cover, and under the old Culture of Corruption it would have. Not any more.

The 10% was expressly collected to cover specific City staff costs associated with the water utility. However, it turns out that those departments were already charging directly to the Water Fund. Which is why I am happy to refer to the tax as an illegal theft.

And another point: it’s real easy to say that the illegal tax should be refunded to the Water Fund for capital improvements. That’s convenient, but immoral. The tax that was collected had nothing to do with infrastructure. Nothing. True infrastructure costs should be rolled into an effective rate for water transmission, a correction of years of mismanagement by Mrs. Flory and her cohorts that still needs to be done. Confusing these two issues is simply a convenient way for the perpetrators to hide their crime and their dereliction.

Now, let’s address the issue of the reserve funds, a subject that Mrs. Flory wants people to believe she knows something about. There is no need to empty these accounts to pay refunds. No, indeed. I find it remarkably disingenuous for anybody to assert this, especially given just two of City manger Joe Felz’s most recent “cost saving” measures.

First there was the egregious relocation of former Redevelopment personnel into General Fund departments for which they had no apparent expertise. Most recently the City contracted out your graffiti removal services for $120,000. Yay! Big savings, right? Wrong. The city employees were simply reassigned to other jobs in the Engineering Department that were vacant. Net cost savings? -$120,000.

The City just missed an opportunity to shave a million bucks off its payroll costs. Of course, my point is that the General Fund is far from depleted.

Finally, in closing, I would submit that Mrs. Flory knows more about witching hours than any of us. However, if she doesn’t like staying up that late every other Tuesday night, then she has no business on a city council. And it’s really too bad that the Council is scheduling special meetings to attend to the people’s business.

Mrs. Flory’s little rubber stamp has been put away and locked up.

July 25, 2012A Step in the Right Direction

A New Era of Responsibility and Accountability

by The Desert Rat38 Comments

As it streamed into my one-room cabin out on Screech Owl Road, last night’s Fullerton City Council meeting was a joy to watch. After three or four decades of watching nattering imbeciles following the direction of staff like stringed mannequins, we finally got to see a rare treat: a Fullerton council that is decisive, in charge and most importantly – accountable.

Let’s take the meeting itself – a special meeting called by Travis Kiger to address critical issues including the nagging problem of city spokesholes peddling self-serving disinformation; the thirty million dollar housing bond that was being used by the Three Dim Bulbs to hand out millions in patronage to their pals; and the issue of releasing the much-discussed phone call that claimed Kelly Thomas was trying to break into cars, and that led, ultimately to his murder. Doug Chaffee agendized his request that the Council take direct responsibility for the hiring and subsequent activities of the new chief of police – a clear indictment of how your City Manager Joe Felz has mismanaged oversight of the police department during its final descent into the Quagmire of Corruption. The very fact that a council member called this meeting, and not city staff, is revelatory. Former councils simply received their instructions and voted aye every couple of weeks – like clockwork. Not any more.

The Council approved an ordinance to take responsibility for the police department. They did it decisively and courageously. Only Sharon Quirk shied away from taking that authority from the ineffectual Felz.

On the subject of releasing the call from the downtown bar, the council voted unanimously to make redacted versions of the audio and transcript public, demonstrating that to this council, unlike its predecessor, pointless and stupid obfuscation is no longer going to be tolerated by the public’s elected representatives.

For years I’ve been shouting at my computer screen as the puppet-like figureheads of the entrenched, sclerotic regime wasted, stole, diverted, covered up, and insulted. Last night I was audibly cheering in support as the council ushered in a new era of accountability, competence, and intelligent government. No one heard me out on Screech Owl Road except a passing coyote and a sleepy iguana. But I was satisfied.

Well done Fullerton!

June 27, 2012A Step in the Right Direction

Old Guard Won’t Go. Better Call a Judge.

by The Desert Rat89 Comments

I keep hearing on the Fullerton grapevine that Fullerton City Manager Joe Felz, doggone it, just can’t get one of the recalled Three Bald Tires to show up to validate the June 5th Recall election. Without at least one of these clowns there is no quorum and a meeting can’t be held. Apparently they have been individually agreeing to show up then later, suddenly have other plans.

This could go on for quite awhile, and if left to their own devices, these miscreants may actually file to run for election in November before they’ve officially been run out of office.

Well, this might explain why it’s been three weeks since the election and the new councilmen Kiger, Sebourn and Chaffee have not been sworn it yet. That’s pretty reprehensible, if you ask me, and it begs the question – how much longer is this farce going to go on before somebody goes to a judge and gets a court order validating the election?

I remember well in 1994 that the three recalled councilmembers simply refused to schedule a replacement election (different laws then) until ordered to do so by a judge. Then as now, the incompetent, arrogant Old Guard refused to go quietly into that good night. And Don Bankhead, recalled the first time, got himself elected again.

And here’s a final thought for you Fullerton water rate payers. Every single day that passes costs you all another $7000 in an illegal tax that is still being collected.

Are you angry yet?

May 3, 2012May 3, 2012Behind Closed Doors

Who Opposes The Recall and Supports Doug Chaffee?

by The Desert Rat30 Comments

This guy. That’s who.

That would be former Redevelopment Director and big Fullerton pension recipient Gary Chalupsky.

Some may remember Chalupsky for his long string of embarrassing boondoggles and Redevelopment expenditures of questionable legality – like building the Muckenthaler amphitheater which is not even in a Redevelopment project area.

Just type in “Redevelopment” in our search box and knock yourself out. From the Knowlwood fiasco and North Platform smash up to The City Lights debacle and the humiliating Poisoned Park disaster, Chalupsky was there every inept, unaccountable step of the way. For well over ten years. Plenty of time to get vested in CalPERS.

Gary Chalupsky was the guy who proved beyond all doubt that Fullerton was very much for sale. Ever wonder where the 100 East section of Whiting Avenue went? Ask Chalupsky.

Others may also remember this upstanding individual for his phony “retirement” and immediate double-dip that was countenanced by an incompetent council who seemed to think Chalupsky knew what he was doing.

Redevelopment is now thankfully dead. But it feathered a lot of nests along the way.

April 29, 2012April 29, 2012Chronic Failure

The Lost Generation

by The Desert Rat70 Comments

Ah, dear me. I was just waiting for a last gasp from the old, die-hard liberals in Fullerton to oppose the political colonic flush Fullerton needs so badly; they didn’t disappoint. Check out this lame ad placed in the Fullerton Observer:

Predictable. We’ve already dispensed with the “recalls are for malfeasance” nonsense, here. Ironically, some might argue that cultivating a corrupt and murderous police force, colluding to keep an illegal tax, and giving away public property to campaign donors all rise to the level of “malfeasance,” but I’ll just let that pass.

What’s interesting in this list of names is that the average age is somewhere between 70 and 70 million, and that would take us back well into the Mesozoic Era.

Jurassic Park — A large meteorite was on the way...

These are the worthies who believe in City Hall heart and soul, no matter what idiocy emanates from it. These people sit on committees and even serve on the council itself whenever the repuglicans can’t stop them. They share a common love for government bureaucracies and processes, and more than anything else they believe in hollow platitudes and meaningless abstractions.

And where were these honorable men and women after a helpless, homeless man was murdered by their own police department? Nowhere near the protests, you can be sure of that. It just wouldn’t look good.

April 20, 2012"Dick" Ackerman

Larry Bennett Owes You A Month’s Worth of Water

by The Desert Rat20 Comments

Several months ago Anti-recall lackey Larry Bennett challenged you to find the illegal tax on water on your monthly bill. It was pretty disingenuous even for a slimmer like Larry. FFFF pointed out that the illegal tax wasn’t listed on the bill, which of course is one of the reasons it is illegal!

On Tuesday night good ol’ Larry all but admitted that there was indeed a 10% tax on your water. Of course he tried to diffuse the ugly truth by saying that 1) he likes paying the tax (could be true – he’s a damned fool); and, 2) the tax helps keep his grass green and his flowers happy because he’s a water hog (the first part is a falsehood; the second, yes, I believe he likes to waste water). Naturally, he was just parroting the nonsense of his hero Doc HeeHaw who also claimed some part of the 10% went to water delivery – an outright lie.

Anyway, I think that if he had a shred of honor, Bennett would now make good on his promise to pay your monthly water bill. But if you want to ask him you’d better hurry up. Larry will only pay the first person to e-mail him!

April 17, 2012Boohooism

The Power to Recall: Unambiguous, Indivisible

by The Desert Rat29 Comments

Molly — Twenty years later and as clueless as ever.

The opponents of the Fullerton Recall, just like their predecessors in 1994, keep yammering about the “proper” use of the recall process. According to these worthy folks, the power of recall is only to be exercised in cases where an office holder has perpetrated malfeasance in office. Their argument is self-serving. And wrong. Here is what the State Constitution actually says, clearly and succinctly:

CALIFORNIA CONSTITUTION ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL SEC. 13.

Recall is the power of the electors to remove an elective officer.

And that’s it. The rest is all about the technical procedure of doing it. There is no discussion of when recall is appropriate or when it may be used. None. From this terse definition we may reasonably infer that any use of recall is appropriate when the electorate deems it to be so. But what about malfeasance in office? That’s why we have a criminal code!

Of course it hardly needs to be pointed out that the Fullerton Recall has several great reasons to get rid of the Three Dithering Dinosaurs, including failure to lead, creating and tolerating a Culture of Corruption in the FPD, backing an illegal tax on your water for 15 years, and of course, let us not forget, all those insider deals to cronies and campaign contributors in which they gave away streets, sidewalks and government subsidies worth millions.

Anyway, next time you hear somebody like Molly McClanahan or Jan Flory cluck-clucking about this, be sure to to ask them if they’ve ever even bothered to read the State’s Constitution.

February 14, 2012Behind Closed Doors

Nine Months Later And You’re Still Paying the Illegal Water Tax

by The Desert Rat15 Comments

It has been said that the only two certainties are death and taxes.

That sure seems to be the case when you consider Fullerton’s illegal 10% tax on water that you are forced to pay with each bill. The cowards haven’t even got the guts to add it as a line item on the bill. Wouldn’t want nosy citizens asking embarrassing questions, now would we?

Nine months ago the City was challenged on the legality of the notorious “in-lieu fee” that adds over $2,500,000 to the City General Fund coffers every year. What did they do? They decided to study. And study. And study some more.

3 Dead Batteries — The Three Dead Batteries.

Well, the study isn’t done yet. But guess what? You still pay that tax. An honest government would have gotten a definitive legal opinion from a competent attorney (ahem) and immediately reported to the public. Not in Fullerton, where the idea seems to be to keep soaking the public until some judge, or a recall election makes them fix the problem. In the meantime they’ve collected two million bucks to pay for things like councilmen Don Bankhead and Pat McKinley’s six-figure pensions.

But everything’s just fine. Go back to sleep again.

January 15, 2012January 16, 2012"Dick" Ackerman

The Shameful Water Triple (Er, Quadruple) Dip

by The Desert Rat78 Comments

UPDATE: Of course the comment from “Do the math” is right on the money. The 10% in-lieu fee is defined as a percentage of gross revenue – including the in-lieu fee itself! This tricky little dodge adds 10% of the 10% – an add-on of yet another 1% to the cost of your water bill! Uh, oh! Quadruple dip!

– The Desert Rat

Way back in 1970 the Fullerton City Council passed Resolution No. 5184 dictating that 10% of the gross revenue collected by the Water Department was a reasonable amount to cover ancillary costs from supporting City departments. Here’s the key language from the Resolution:

That an amount equal to ten percent of the gross annual water sales of the Municipal Utilities Department during the fiscal year ending June 30, 1970 is hereby transferred to the General Fund in payment for the services of the Finance Department of the City and of the City Administrator, the City Attorney and the City Clerk to the Municipal Utilities Department of the City as a part of the operating costs of the waterworks system of the City during the fiscal year ending June 30, 1970.

That at the end of the fiscal year ending on June 30, 1971 and at the end of every fiscal year thereafter, a sum equal to ten percent of the gross annual water sales of the Municipal Utilities Department of the City shall be transferred to the general Fund of the City in payment for the services, during such fiscal year, of the Finance Department of the City and of the City Administrator, the City Attorney and the City Clerk to the Municipal Utilities Department of the City.

What sort of justification proved that 10% of the water revenue in 1970 should have gone to the General Fund is anybody’s guess.

In 1982 the City Council passed an ordinance permitting itself the authority to collect an “in-lieu” fee from the water utility as a fixed percentage of revenue. Despite the name change, the City continued to add the historic 10% to Fullerton’s water bills, and rake it off directly into the General Fund – without so much as a second thought.

A bit confusing? Not really. The original justification for the fuzzy 10% figure was to reimburse the City for vague incurred costs; calling it an in-lieu fee never changed the inescapable fact that the 10% amount was supposed to pay for actual costs associated with running the waterworks. Either way, as of 1997 and the implementation of Prop. 218, that became illegal.

Flash forward to today, and peruse this year’s budget documents. The Water Fund is Fund 44. Check out the total column on the right.

Summary of Appropriations by Fund.

Notice the amount directly allocated in the 2011-12 budget to the City Manager and Administration: $1.7 million ($29,917 + $1,678,962).

Now let’s see some actual charges. Observe Fiscal year 2009-10, over there, in the left column.

Summary of Expenditures and Appropriations by Fund

Good grief! As you might have guessed (based on this year’s budget), in 2009-10 the City directly charged the Water Fund over $1.5 million for the City Council, City Manager, and Administrative Services; plus fifty grand for Human Resources, and $100,000 for Community Development!

And this means that those services that were originally being used to justify the 10% levy on our water bills are already being charged directly to the General Fund. Double Dip!

Of course it gets worse. We now know the 10% is a double dip; but hold on to your water bill. Because the directly charged costs for “administration” are considered part of the base waterworks cost; the automatic 10% in-lieu fee (which was supposed to pay for “administration” but that pays for nothing), is applied to that! That increase this year is at least $170,000, if you add 10% to that $1.7 million figure we saw in the first table. Triple Dip!

And that, Friends, is a triple gainer off the high board and right into the deep end of the pool.

December 23, 2011December 23, 2011Behind Closed Doors

Your Tithe is Man-dated At The Altar of The Almighty Bureaucrat

by The Desert Rat20 Comments

cath1-29 — The upkeep just kept getting more expensive...

Everybody who goes to church is familiar with the concept of tithing – literally giving one tenth of your income to support the church and its good works. Of course the act is voluntary.

The people who pay for water from the Fullerton Water Works have been paying a tithe, too. You see, since 1970 the Citycrats have decreed that ten percent of the cost of a monopoly supplying you with water will be added to your bill, and then be immediately re-directed to the City’s General Fund.

In the early days, when water was dirt cheap it was a way to help pay for certain indirect costs of employees who were considered overhead support for the water works. It was called an “in-lieu franchise fee” like the ones the City charges other utilities to operate in Fullerton. Still, there was an immediate problem that nobody addressed: it was bad management, and bad accounting, and opened the door for all sorts of abuse. Decades later, in 1997, Proposition 218 was passed that specifically addressed the scam of governments charging “fees” that were nothing more than hidden taxes – just like Fullerton’s 10% in-lieu fee. It was now required that fee amounts be established through objective supportable analysis that was conducted transparently, in the light of public scrutiny. No longer could governments legally charge for more than any service was worth.

But Fullerton did. For 15 years the City continued to charge, then rake off a ten percent tribute from the Water Fund that went to pay for things like pensions and pay raises for all Fullerton city employees, stuff that had nothing to do with providing water to you. Not only did the city councils know about the scam, they heartily approved the slight-of-hand, year after year.

Meantime, the cost of water skyrocketed, increasing nearly 350% between 1997 and now, jacking up the illegal tax from $700,000 a year in 1997 to over $2.5 million a year now. That’s a rate of about 23% a year, just in case you’re inclined to keep track. A staggering total of almost $27 million has been surreptitiously extorted from you since Proposition 218 went into effect.

Those who support this cheapjack end run think it’s right and proper for you to pay this tithe without your knowing it, and without your consent. After all they’ve had plenty of opportunity to insist, at least, that notification of the 10% diversion be made on each water bill. But they never have. And that’s because their first priority is continue funding six-figure pensions, automatic raises for employees, and all the other things that constitute business as usual in their Church of The Almighty Bureaucrat. It’s their church, and as far as the High Priests and pharisees are concerned, you taxpayers can just sit in the back pew, way, way back there in the dark, and keep your mouths shut.