Proving That Old Dogs Can’t Learn New Tricks

Here’s the title of Sylvia Mudrick’s press release describing Tuesday night’s council action with regard to Fullerton’s illegal 10% water tax: “Council approves eliminating franchise fee on water rates.” That’s not true. Yes, the council voted to stop transferring the illegal tax to the city’s General Fund, but they most certainly did not approve to eliminate the franchise fee on water rates – just the transfer, which means we will keep paying the illegal tax into some sort of escrow fund until a Prop 218 hearing can be held – the Prop 218 hearing that should have been held 15 years ago! Of course in the meantime there is no legal requirement to hold a Prop 218 hearing to quit collecting the 10%; and it looks like Quirky and Whitaker got sideswiped on the scam that will put another $400,000 in the escrow account as City manager Joe Felz tries to cook up a scheme to hang on to as much of that annual $2,500,000 he can.

But back to Mudrick: of course she has been happily peddling pro-city baloney for years, and as a retiree she is still doing it, now as a double-dipper.

The worst part of the press release is the bogus recitation of the history of the water tax, conveniently omitting the fact that periodic complaints have been coming from citizens since at least the early 1990s. Syl would have you believe that it was the City that brought this scam to light and that they have been proactive. Wrong. The City has been hiding this massive scam for decades; the tax has been patently illegal since 1997,  and everybody in authority in City Hall knew it, a fact curiously omitted by our highly pensioned and still remunerated Public Misinformation Officer.

 

FOR IMMEDIATE RELEASE
PRESS RELEASE #09312               4/18/2012

Subject :Council approves eliminating franchise fee on water rates
Contact :Sylvia Palmer Mudrick, Public Information Coordinator, Fullerton City Manager’s Office
(714) 738-6317

The Fullerton City Council voted at its Tuesday (April 17) meeting to eliminate the transfer of a franchise fee charged on water rates in the city, effective May 1.

The water franchise fee was first adopted in 1968 when the council assessed a fee of 2 percent of the Water Fund as a means of reimbursing the costs to the city’s general fund for operating a water utility.  The fee was raised to 10 percent in 1970.

In fiscal 2010-11, the city’s general fund received approximately $2.5 million from the water franchise fee.

The franchise fee came under review in 2009-10 at the conclusion of a five-year water rate study.  At that time, the council formed an Ad Hoc Water Rate Advisory Committee composed of citizens who were tasked with studying all facets of operation of the city water system.

In conjunction with its action Tuesday, the council directed the Ad Hoc Water Rate Advisory Committee to study and make recommendations on a method for the city to charge for the direct cost of operating the water system.

In addition, the council asked the committee to make recommendations on a method for reimbursing citizens for the actual cost of the franchise fee paid for the past three years.

Further information about the council action may be obtained by calling the Fullerton City Clerk’s Office at (714) 738-6350.  Further information about the franchise fee and the water rate study may be obtained by calling the Fullerton Water Engineering Office at (714) 738-6845.

Paying a Fee to Pay Your Taxes?

Even the heartless IRS wouldn’t try to pull something this repugnant.

A frustrated local business owner sent me this copy of his annual Fullerton tax renewal in which a $25.00 tax payment was accompanied with a $20.00 “processing charge.”

 

You read that right. It’s an 80% surcharge for the city’s Herculean effort to cash your check and rubber stamp you as paid.

All local business owners must pay this ridiculous fee, from doctors and lawyers to handymen, ice cream trucks and taxi drivers. Presumably the actual processing is handled by administrative staff, who are likely already being paid out of the General Fund for other duties. How did they reach that $20 cost? Who knows?

And who decided that business owners should have to pay a fee to pay their taxes? 

Ya'll have gone insane. Now pay up, hear?

Larry Bennett Owes You A Month’s Worth of Water

The sad slouch became a permanent thing...

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!

Larry Bennett Likes Paying Illegal Taxes; Doesn’t Like Public Comments

Poor Larry Bennett. As spokeshole and Chief Liar for the moribund Recall No campaign he is upset that folks are disrespecting his Heroes on the council.

But get this: Larry doesn’t want his water rates reduced! He likes the illegal 10% tax and even wants to keep it because he somehow believes this will keep his grass green.

Of course, it’s funny to watch Bennett admit, sort of, that there is a $2.5 million problem after he challenged water rate payers to find the illegal tax on their bill; and it’s hard to tell if Bennett is just pimping for the Three Flat Tires or if he really believes that the illegal in-lieu fee has something to do with delivering water to his flower beds. However you slice it, this assclown is a first class tool.

And it’s pretty clear he doesn’t like annoying public comments that hold his Three Blithering Boneheads accountable for their miscreance and incompetence.

Water Tax Scofflaws Admit Guilt

Last night Councilmembers McKinley, Bankhead, Jones and Quirk-Silva finally admitted what the rest of us had been saying all along: the City of Fullerton’s in-lieu franchise fee is illegal, and has been for the past 15 years. After blowing off the issue for nearly a year (and really, a decade and a half) the city council was forced to suspend the fund transfer that went to pay for General Fund expenses.

Here is Doc Jones’ befuddled admission:

Note that the angrified and bewildered Jones believes that part of the 10% tax maybe had something to do with water delivery. Wrong. It all went to the General Fund to help pay for pensions and four-star hotel room junkets by Jones himself. The water infrastructure and repairs were never paid for out of the General Fund, either. That’s just more confused claptrap from Jones.

And by no means was the tax repealed last night. In fact, the fee will show up on your water bill next month, just as it always has.

Councilman Bruce Whitaker said it very clearly: the franchise fee was collected from ratepayers illegally, was never properly authorized by taxpayers under Prop 218, and needs to be completely thrown out altogether. Deficiencies in the water fund do not change this simple truth, and those shortcomings should be addressed separately with the full notification and approval of the public.

When the tax is finally repealed by a fresh city council, don’t forget that there are millions of illegally-taken dollars that still need to be refunded to water users.

The Power to Recall: Unambiguous, Indivisible

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.

We Get Mail; An Unhappy Camper

The following communication landed in the FFFF hopper yesterday complaining about the recall, etc. It is just so deliciously disjointed, illogical, misinformed, and well, crackpotty that it deserves to be shared with the friends.

I resent having literature sent to my home on the recall.  I think this is nothing but a witch hunt.  The Support the Fullerton Recall/Water Tax paper sent to my home doesn’t mention the other board members.  This tax was voted in 15 years ago and how many council members and city managers knew about this? Why are you only mentioning the three?  What about the others?  I think if you have enough money to be sending slanted info the citizens of Fullerton, you could certainly use it to a better advantage.  I feel terrible about the Kelly case, but I don’t think only 3 board members need to be blamed.  From the beginning you have pointed fingers to the three.  What did they not vote on that you find they need to be recalled for?  Don’t we all have our own opinions and have the right to express them.  We might not all agree, but that doesn’t constitute a recall.  I think you should call off the hounds and get on with the business at hand.  What has the council voted against that has Tony Bushala upset about?  Does it have something to do with redevelopment money?  Let’s hear about that.

It’s very interesting that this unfortunate soul has been told by somebody that the illegal water tax was actually “voted in” 15 years ago.

No Country for Old Men

UPDATE: I just re-read this wonderful post from my good friend Joe Sipowicz that he published last November. Damn. Read it. Savor it.

When you are done ask yourself whether or not, in good conscience, anyone can fail to endorse, help and vote to recall the Three Dim Bulbs.

– Grover Cleveland

There is a good essay in today’s Wall Street Journal by Holman W. Jenkins, Jr. about the sort of trouble individuals can get into when they act, or fail to act, to shield and protect the institution they represent. And, conversely, the institutions that invest too much credence in the all too fallible figurehead run the risk of failing to employ objective and rationale controls on the latter. As decades of affiliation pass, the problems becomes more acute. Age becomes the enemy.

Of course the writer is talking about Joe Paterno and the disastrous and disgusting pedophilic events at Penn State University. But he may as well have been talking about Fullerton, and about how, after the Kelly Thomas murder, when the public demanded clear, honest, and forthright leadership, their long-term elected officials gave them silence, obfuscation, falsehood, and comfortable retreat behind legal advice they were all too eager to embrace.

Don Bankhead, Dick Jones, and Pat McKinley signally failed their constituents by placing the protection of City Hall and the FPD ahead of their responsibility to do what they were elected to do: lead.  Did they ever even attempt to fathom any particle of the truth? Would they recognize it if they saw it? It hardly matters now.

At first it probably seemed easier to simply ignore the Kelly Thomas killing; a whacked out homeless guy versus Fullerton’s Finest? Strictly no contest. After all there was a fight; bones were broken; the bum was a thief; probably a drug addict; an internal investigation would reveal all. Sure, Chief, take your two-week cruise.

Indifference to the victim and the victim’s family, although demonstrating a fundamental callousness, was the least of their dereliction.

Later as the pressure mounted and the glare of the media spotlight became intense, McKinley and Jones began to utter incompetent and ignorant remarks for consumption by the nation and the world: facial injuries are not life threatening; far worse injuries were survivable; the Coroner cannot determine the cause of death.

As public meetings became rancorous they relied upon the monotonous drone of their attorney to explain to an outraged public why they were weak as kittens and powerless to control any part of their own police department.

And they refused to display any concern about why the FPD brass had permitted the cops to review and re-review the evidence that the public is not permitted to see; why their superiors made them re-write their reports of the killing; and why the culprits were permitted to return to duty as if nothing had happened. They ignored the fact that the police department spokesman had lied about cops’ injuries and had deliberately mischaracterized the killing to the public and to the City Council.  They never addressed the fact that the “internal investigation” hadn’t even started.

The police chief, freshly returned from his cruise soon wilted like an old lettuce leaf. His replacement was a 30 year veteran of the same department about which a string of criminal behavior had recently been exposed. Bankhead, Jones and McKinley refused to accept what had become obvious to almost every one else: something was fundamentally wrong in the FPD.

As the weeks passed, Bankhead, Jones, and McKinley seemed to hope that temporizing and protracted investigations by the DA and Coroner would cause the situation to just wither away. It didn’t. The protests for justice got louder. Their answer? Characterize the protesters as a lynch mob.

The most telling gestures of all were the damage control employment of an outside investigator, and the appointment of a hand-picked committee to address homeless problems, hilariously suggesting that the real problem was that the poor cops just weren’t properly educated about how to deal with the homeless. The concept that Kelly Thomas was deliberately killed seems not to have been seriously entertained by Bankhead, Jones, and McKinley. No. The Fullerton Police Department doesn’t do that. Fullerton doesn’t do that. We don’t do that.

When the DA finally brought charges of Murder and Manslaughter against two of the cops Jones expressed elation and McKinley befuddlement as to how two of his boys could stray so far from their training. But it was clear that the damage control script was written to write off the two and then retreat back into their insulated bunker.

And yet, by now the public now knew all about what the Three still refused to acknowledge: the embarrassing string of stories of drug addiction, theft, fraud, brutality, false arrest, perjury, and sexual assault by members of the police force. This serial criminality has been met with a stony silence from Bankhead, Jones and McKinley. Why?

Asleep. Fried chicken. Hey, where'd my halo go?

It’s because if they ever could, they can no longer distinguish right from wrong when it comes to protecting the institution that they have come to completely identify themselves with. Those Fullerton lapel pins that they so proudly wear have become a symbol of inertia, dereliction, and blind dedication to an abstraction of their own creation: their own delusional view of themselves and their City. It is a perfect representation of the bunker mentality.

As with a sick patient, denial and inaction will only cause the illness to get worse. The patient is the City of Fullerton, and in the now-ironic words of Dick Jones, it is having a grand mal seizure; we don’t want to let go of the patient, but we need to get it under control. Damn straight. The patient needs medicine, all right.

And the medicine is Recall.

Sharon’s Having A Party!

FFFF’s anonymous news clipping service just forwarded this announcement from the Quirk for State Assembly campaign that Loretta Sanchez is hosting a fundraiser for her.

Since it’s at Sanchez “home” I can understand the need for secrecy. Still, given the fact that Loretta’s home used to be in high-toned Palos Verdes as she represented the barrios of Anaheim, Santa Ana and Fullerton, we may be forgiven for wondering where she actually sleeps.

Anyhow, if you’ve got $250 or more and are inclined to drop by let us know how it went and please send pictures!

Don Bankhead’s Gears Slipping; Elevator Not Reaching Top Floor

Here is an interesting clip of Councilman Don Bankhead from the last meeting opining on the subject of new elevators being added to the existing elevator bridge at the Fullerton train station. See if you can figure out what he’s talking about.

Poor Don seems to think this is a brand new elevator bridge at the new parking structure being built on Santa Fe.

Uh, oops.

Confusion is nothing new for Bankhead, but one thing Don knows for sure: when somebody else is fronting the money for a project it doesn’t matter where it is, what it does, or how much it costs.