Do Not Trust the Trustees

On Thursday, November 17, the North Orange County Community College District held an the Environmental Impact Report scoping session for the Measure J funded improvements to Fullerton College.

As  you know from our previous report on this matter, the proposed improvements include a football field (estimated during the presentation to cost $4 million to build, so consider that a low floor to the likely final cost) but does not include improvements to the Veteran’s Center. When this discrepancy was addressed, Fullerton College President Greg Schultz gave the following explanation:

  1. We have to understand that the NOCCCD cannot do everything it would like to do with Measure J funds, so they have not been able to make the improvements to the Veteran’s Center at this time;
  2. The stadium will be funded through other funds, not Measure J money and he promises to not use Measure J money to build the stadium.

Let’s take these two responses one at a time, shall we?

First, the characterizing of the veteran’s center as just one of many improvements that the NOCCCD would like to perform is extremely dishonest. Let’s re-wind the clock again to back when NOCCCD sought voter approval for their $574 million construction bond:

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Now, What About Our Water Tax Refund? Part 2: The Phony Report

thief

When you are  in charge of the City’s bureaucracy, it’s really easy to get what you want. You simply hire a “professional” opinion to validate your own desire. Good God, it happens so often and yet they continue to get away with it.

For fun, lets’ consider the case of the City of Fullerton’s illegal water tax tax. In 2011 the City was finally caught with its pants down. And what was revealed wasn’t pretty: an illegal 10% tax stuck onto the annual cost of selling water to the ratepayers of Fullerton. In an attempt to stall the inevitable and obfuscate the obvious, the comatose council handed the job of analyzing the tax to an ad hoc water rate committee that had been previously established.

Now we all know that a citizen’s committee is incapable of figuring out things on its own and so staff helpfully hired one of those paid opinion consultants to help out; one of those consultants whose sole mission is to validate whatever the staff wants them to do. In this case the mission was to keep as much of that 10% as possible. After all, that 10% was a much necessary ingredient for for keeping up CalPERS payments and sending Pam Keller and Don Bankhead and Doc HeeHaw to four star hotels in far off Long Beach.

True to form, the City Council’s “consultant” returned with a helpful finding that the water fund owned the City between six and seven percent annually, principally on the weird fiction that the water utility owed the City rent for land that the water reservoirs and pipes sit on.

Naturally, nobody bothered to explain the embarrassing fact that the land in question had little or no commercial value; or that the water utility could have bought that land for virtually nothing fifty years ago had a true arms-length distance actually existed between the utility and the City that was milking it like a rented cow.

An, worst of all, nobody had explained the self-serving nature of this sudden discovery of a true distinction between the water utility and the City, particularly in light of the fact that the utility had supplied the City with free water for decades.

That’s right. The very mechanism lade upon you and me to “incentivise” conservation, was deemed unnecessary when the City itself was wasting water. How many hundreds of thousands of acre feet of water has been used for free by the City in the past fifty years? Of course nobody knows. But the value is worth millions.

I think the City should pay that back, too.

 

The 2012 Fringies© Are Finally Here

trophy

Yes, my human Friends on Earth, 2012 is not yet over and this provides me with a final opportunity to bring to you what you desire: the Friends For Fullerton’s Future Annual Fringie© Awards.

It’s been a long, tough year of ups and downs and believe me, as a regular recipient of broomstick whackings from my former mistress, I know tough.

This year’s version will be, of necessity abbreviated since I have spent the past month undergoing a series of painful distemper treatments. And so I leap straight into the awards.

Let me tell you: not looking for evidence is a superb way of not finding any.
All that criminal stuff was just the result of complaceny.

In the category of Most Egregious Whitewashes there really was no competition. Register writer Lou Ponsi and the wanker who publishes FullertonStories were simply outgunned by the ridiculous “Gennaco” Report, a notorious mutual stroke-job between the City and the obscenely expensive stooge it hired to help make the Kelly Thomas murder go away. The various secretions of this pabulum outdid one another in saying nothing and studiously avoid naming names and demanding accountability. Too bad. But we know who did what and we know what it is: A Culture of Corruption.

Daylight hours were being lost.
Daylight hours were being lost.

In the category of Worst Political Campaign, the selection committee had no choice but to give the Fringie© to none other than Former Assemblyman Chris Norby, who took a sure thing and managed to unmanage his way into unemployment. Was it his political expert, John Lewis who let him down? Was it the tsunami of last minute hate pieces mailed out by the unions and crony-capitalists? Was it his own lethargy? Whatever. Norby has a massive pension and doesn’t need our sympathy.

The Best. The Brightest.
The Best? The Brightest?

FFFF added a new category this year, Biggest F-U From The FPD. There have been many instances of the usual arrogant claptrap, the one instance that caught the selection committee’s eye was the promotion of the egregious Andrew Goodrich, the department spokeshole who has been peddling self-serving half truths and outright fabrications for years as FPD P(Mis)IO. If any single gesture signaled that there was no internal self-reflection or repentence in the aftermath of the Thomas killing and the falsehoods peddled by Goodrich, this was it; and, also a sure sign that the continued reign of error will go on. Even Dan Hughes admitted it was a communications failure; and the failure was promoted. Got it?

Chaffee Gets a Hat
Six more weeks of winter…

In the past, the Fringie© for Best Video was awarded for videos that were intentionally funny. But in 2012 the committee was forced to admit that the most entertaining video was created as a serious campaign effort by none other than Doug Chaffee. The portentous music followed by the dyed hair, cracking voice and the milquetoast pronouncements were worth their weight in gold, revelation-wise. You can watch it again, here.

Fitz

Best Political Campaign 2012. This Fringie© was a tough one. Perhaps because nobody hit her in a year of rancorous politics, Jennifer Cowan-Fitzgerald did very well, indeed. Well, you have to give credit where credit is due; and sometimes doing nothing, saying nothing, and standing for nothing is the best way to get elected. It used to be like that in Fullerton, and maybe is again.

A co-winner is in order, of course, to recognize the campaign conducted by Tony Bushala, a local hero, to root out the disease in the body politic known as the Three Dead Tree Stumps. And so we recognize the Great Fullerton Recall of 2012 that laid a 2-1 whumpin’ on the Ancient Regime.

I'll turn any trick for five bucks and a bottle of two-buck chuck.
I’ll turn any trick for five dollars and a bottle of Two-buck Chuck.

The Lowest Political Political Prostitute Fringie© was an easy call for the panel. Despite the nauseating spectacle of Jan Flory and Rick Alvarez clinging to the FPOA in a diseased, chancrous lip-lock, we just had to acknowledge the whorish spectacle of former conservative State Sentator Dick Ackerman (R-Irvine)  making pro-union robocalls to try to keep Fullerton in permanent thrall to its overpriced, unaccountable gang of cops.

 Gregory A. Diamond attorney candidate-thumb-311x364

The Best Image0f 2012 Fringie© was another category with keen competition particularly given the political resurrection of my former mistress. However, in the end, the selection committee chose a picture that sublimely captures the essence of the unemployable, ego-driven loser who finds reward in the world of political blogging instead of gainful employment. And so we chose Big, Fat, Naked Dude In Front of the Monitor, an image that is only missing the giant, super-family-size sack of Doritos®.

Go ahead, skinny, make my day.
Go ahead, skinny, make my day.

And speaking of super-size, as a consolation prize we also award a Fringie© to this jaw-dropping image of  Corpulent Fullerton Corporal at the Anaheim cop-induced riots, an image that succinctly captures the essence of the Culture of Corruption: overarmed, overweight, and under accountable.

Jan Florys Head
May the horse be with you…

In 2012 the Scariest Ghost of Fullerton Past Fringie© could only go to one creature – my former mistress, Jan Flory. As other relics of the last Ice Age disappeared from the political biosphere, the septuagenarian Flory returned, proving that there was plenty of bitter bile left in the bottom of the bag. Watching Mrs. Flory vote for Bruce Whitaker to be your new mayor was pure delight. Now watch out for the broomstick, Bruce!

Well, they are The Heart of the City!
Well, they are The Heart of the City!

Speaking of Flory, here is the winner of the Best Campaign Sign of 2012, a terse yet eloquent reminded of who Flory will work for now that she has managed to slither back into office.

Bruce_Whitaker_2011_300

Finally, the Best Hope For Fullerton’s Future Fringie© goes to Mayor Bruce Whitaker, who has spent most of his adult life fighting for honesty, transparency, and integrity in Fullerton government. Now more than ever you will need Mr. Whitaker to keep an eye on the doings of the cops and bureaucrats as they try ever so hard to re-write the history of Fullerton in 2011 and 2012, as they try to deny you a refund for the illegal water tax they stole, and as they apply pressure to their friends on the Council to make up for all the hardships they’ve had to endure.

This year we pass out no Special Fringies© of either approbation or opprobrium. We would give them to the same people we did last year.

 

Have At It

hughes
Here’s how it happened. And no, I wasn’t there…

As expected, the new council voted 3-2 to begin “negotiations” with Dan Hughes to become Fullerton’s police chief.

Flory, Chaffee and Fitzgerald took their vote even as questions remain unanswered about Hughes’ role in the aftermath of Kelly Thomas murder, and accusations that Hughes himself was involved in an incident which is now the subject of a lawsuit against the City; and of course ongoing suspicion that Hughes has been an active part of the Culture of Corruption every step of the way.

Now watch ’em give away the store.

Oh, and yeah: you will not be getting a police oversight committee.

Sharon Quirk, Poor Little Rich Girl and The Myth of the Union/Corporation Dichotomy

I was struck the other day by a post on the Voice of OC(EA) about Sharon Quirk that started out with Q complaining that there is now a target on her back by the GOP who want their Republican seat back. The rest of the post is the typical mush-drivel we’ve come to expect of the local media so I’ll let that pass.

What intrigued me was the absurdity of making yourself out to be a target by the very sorts of people who got you elected. What am I talking about? Check out this post from OC Political. Quirk got almost $300,000 funneled into her campaign account over the course of 18 days – laundered through various county Democrat Central Committees, including obscure Del Norte County – 800 miles away.

As expected, a lot of it came from public employee unions. But a lot of it also came from giant corporations like AECOM, Blue Shield, AEG, and of course, our good friends at Disney. So it would appear that Quirk was obviously looked favorably upon by these corporate behemoths, despite their subsequent attempts to distance themselves from their odd gifts to distant Democratic County Central Committees.

Which brings me to the point of this post.

The whining lefties are forever complaining that the lavish benefits, pay and massive pensions showered upon public employee unions are somehow a necessary counterbalance to all the misfeasance and excessive compensation of those greedy private business exec bastards. Of course it was always a false choice, but that falsity has never been made clearer by the fact of big corporations bellying up to Quirk’s bar.

The fact of the matter is that big corporations like big government. They are comfortable with it; they profit from it. Whether Republicans or Democrats are at the helm matters not a whit. Think big corporate subsidies, tax loopholes, and onerous regulations that chase small businesses out of business and you will start to get the picture. Big business likes balanced government budgets, and if that takes raising taxes on the rest of us, so be it. The very last thing they want is a small government advocate like Chris Norby. Think OC Business Council and you will understand that these people have no interest in anything other than a smoothly run plantation. You and I are the coolies that make the thing run for the benefit of our overseers.

Or to put it another way, the public employee unions and the big corporations both regard the taxpayer the same way: we are just pigeons to be plucked.

It’s actually rather amusing that Sharon Quirk is trying to gin up sympathy for her re-election against the big, mean Republicans, even before she is sworn in. Her dim-witted supporter may fall for that. She really doesn’t have anything to worry about.

Just ask Mickey Mouse.

 

 

 

 

Welcome To Floryland

The closer you look, the worse it gets.

When you have an inflated sense of self-worth it must be hard to come up against a wall of objective facts that square with the reality everyone else sees. Thus narcissists and paranoiacs must concoct a narrative that seems to embrace those facts and yet tell the myth you want everyone to believe about yourself.

And so we have Jan Flory: a rigid, humorless, sometimes near-hysterical defender of an ideology that has placed California on the edge of financial insolvency. Think Greece.

Flory’s ridiculous muumuus and wooden beads are symbolic of a much more sinister problem: a fundamental dishonesty about herself and her corrupt mind set.

But don’t take my word for it. Lets examine Flory’s own Facebook rants. Like this latest, with added commentary by me.

DRIP, DRIP, DRIP

At 12:15 a.m. last night, the City Council took up the question of how to refund $7.3 million to people who overpaid their water bills in our city over the past 3 years. Mayor Sharon Quirk moved to continue the matter to the next city council meeting because of the late hour. Doug Chaffee concurred. Bruce Whitaker, Travis Kiger and Greg Sebourn voted to go forward no matter how late or how tired the council members. It also might have had something to do with the fact that the audience had dwindled to a handful by that time. So much for transparency and accountability.

Or it might have had something to do with the fact that hours and hours of time had been unnecessarily wasted by Quirk and Chaffee promoting the candidacy of Danny Hughes as Chief, despite the fact that the Council had already decided it wanted to do a wide recruitment instead of ramming home the inside goon. Transparency? Check. Accountability? Check.

Reality? If Flory is tired and can’t stay up past Murder She Wrote reruns on cable she shouldn’t be on any city council.

A little history first: To begin with, the water fee was never an “illegal water tax”.

Lie number one. Keep counting.

The water tax was first adopted in 1968 at 2% of the water bill. The purpose of the tax was to pass through to the ratepayers (you and me) the city’s cost of getting water to your tap. Fair enough. The tax increased to 10% in 1970. We had aging reservoirs, pumps and water lines that needed replacement and ongoing maintenance. The water fee was a way to do that.

Now that’s just another series of outright lies. But let’s not let the facts stand in the way of a good story, right? The 10% was originally cooked up to divert revenue into the General Fund to pay for the City Attorney and City Administrator. IT HAD NOTHING TO DO WITH ONGOING MAINTENANCE AND AGING INFRASTRUCTURE. Flory could have actually read the ordinance but that wouldn’t have been as fun making something up.

In any case there was never any accounting to see how bad the rip off really was, and in the old days water was dirt cheap, right?

In 1996, the California voters passed Proposition 218 which required there be a connection between a fee charged and the services rendered. In other words, you couldn’t just pull a number (like 10%) out of the air.

One truth accidentally tumbles out!

Proposition 218 was tested and upheld by the courts beginning in 2002.

Aha! Flory slips in a date to give herself an alibi for her own approval of the illegal tax for six years! Too bad that upon learning the truth she and her cohorts continued to steal the 10% each and every year for the next NINE YEARS. No talk about fixing the rip-off, apologizing to the ratepayers, trying to reclaim even a small mole hill of moral ground. Nope.

The Water Rate Study Committee was authorized by the OLD council long before the Recall to address concerns about the 10% charge to the Water Fund.

And at whose behest? Not city staff or you, Flory, we can be sure of that. It was political pressure that did it.

Ultimately, the study committee determined this summer that the city should have been charging in the neighborhood of 7% rather than 10% in order to comply with 218.

Another outright lie. The Committee determined no such thing. The staff-chosen consultant cooked up a phoney number to keep as much of the rip-off as possible including exorbitant rents paid to the City! Even Quirk said it was ridiculous!

The committee relied on the work of an independent financial consultant, Municipal Financial Services Group (MFSG), to determine the City’s cost in providing water to its customers, and outside legal counsel (Best, Best & Krieger) to make sure that the outcome comported with Proposition 218.

Independent? Now that’s just comical!

The results were even submitted to the Howard Jarvis Taxpayers Association that concurred with the methodology used in the study.

Wrong, again. But by now is anybody counting?

The NEW council majority threw all that out the window, disregarded the recommendations of the Water Rate Study Committee, and completely eliminated the “in lieu” fee. That will have the effect of reducing city revenues annually by $1.7 million which could have properly been charged by the city to bring water to our homes.

Let’s all gloss over the fact that no one has ever said a proper water rate shouldn’t cover costs of maintenance and infrastructure. If it doesn’t Flory has only her own beloved staff to blame – those same incompetent bureaucrats like Chis Meyer and Joe Felz who have let the City’s infrastructure go to hell as they feathered their own nests handsomely. In the meantime, the “in-lieu” fee had no legal rationale for existing since it wan an obvious triple dip. Step one was to get rid of it. Step two is find out what the true costs of running the water utility really is, and charge it to the ratepayers.

Because the city had charged its water customers 10% (rather than 7%), the Water Rate Study Committee found that the city had overcharged the rate payers the sum of $7.3 million over the last 3 years.

Once again, those were the cooked up findings of the hired “consultant.”

It recommended that the overpayment of the water fee be accomplished by an incremental transfer from the General Fund to the Water Fund to be used for infrastructure repairs,–something that desperately needs addressing. This would also avoid the City’s incurring debt to pay the debt.

Um, see comment above. How did the water infrastructure get so bad, Mrs. Flory? You were on the City Council for eight long years. Do want to take responsibility for that? What? Speak up!

What did the new Libertarian majority do? It voted to rebate the entire $7.3 million back to the rate payers. It is estimated that this will be a onetime payment of $100 to $400 per household depending on how much water was used during the 3 years.

The horror. Government giving back something it stole!

It’s an accounting nightmare for several reasons. The overpayment has to be calculated for each household in the city. Some residents have moved or died; thus, creating the dilemma of finding out where to send the money.

But Jan, are you saying your beloved staff can’t figure out a way to print and send out some checks? Hell, they manage to send out the water and trash bills every month.

Finally, the question of where the money is to come from must be determined. We don’t have enough in the General Fund to pay the lump sum. Staff suggested that a debt issuance might be necessary, with an estimated yearly debt service of $500,000.

Put away the violin Mrs. Flory. Step up and take your medicine. You and Bankhead and Jones and McKinley ripped us off for 15 years. YOU figure out how to make it right!

So now we not only have a decrease of $1.7 million in revenue, but we need to add $500,000 for debt service. This totals $2.2 million if you’re counting.

See, it’s all about government revenue, the altar at which the egregious muumuu clad priestess Flory worships. Yes we can count and we know whose balance sheet this belongs on – even though it’s on ours.

Last night, the council majority (Whitaker, Kiger and Sebourn) directed staff to find “creative ways” to pay off the debt such as selling off surplus properties. In other words, asking city staff to remove the rope the council majority had put around its own neck.

Wrong, again, Flory. They are asking city staff to do the right thing, and remove the rope YOU put around our necks for all those years.

Change on the Council cannot come quickly enough. Drip, drip, drip.

It’s coming all right. be careful of what you wish for.

Jan Flory Talks About Sex and Water

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.

OC GOP Endorses Whitaker, Kiger

Last night the OC GOP Central Committee endorsed incumbent Fullerton City Councilmembers Bruce Whitaker and Travis Kiger for re-election in November.

From a practical standpoint that’s good news for Whitaker and Kiger. The party still carries a lot of weight in Fullerton elections as demonstrated by leland Wilson’s blow-out of Jan Flory in 2002, and even Pat McKinley’s razor-thin victory over Doug Chaffee in 2010.

What To Do About The Illegal Water Tax

On Tuesday the City Council is scheduled to discuss what they want to do about the embarrassing fact that the City charged an illegal 10% tax on our water bill for fifteen years, amassing a total rip-off that easily topped $25,000,000. The funds were deposited in General Fund and mostly went to pay for salaries and pensions of City employees that had absolutely nothing to do with the acquisition and transmission of water – the ostensible purpose of the levy. It even went to pay for four-star hotels for Councilmembers’ League of City junkets.

Some folks think reparations are due, in some fashion, to the rate payers that got ripped off. But how? A check in the mail? Lowered rates in the future? Repayment from the General Fund to the Water Fund?

The City doesn’t have $25 mil laying around, and rebates in the future for past indiscretions would certainly create inequities. Going back just a few years for reparations may be a logical and practical step. Repayment from the General Fund over time may be the only recourse and would certainly address the original purpose of the “in-lieu fee” which was the cost of delivering water to the people and businesses of Fullerton. However it should be pointed out that the the 10% that was raked off was never connected to the true cost of the water in the first place.

Another question to be dealt with is what is an applicable rate for miscellaneous City costs that are currently unrecompensed by the Water Fund? There isn’t much unaccounted for, and the “consultant” for the Water rate Ad Hoc Committee tried to cook up some phony percentage between 6 and 7 based largely on the cost of the City charging the Water Fund rent!

This raises all sorts of embarrassing questions about why the Water Utility was not permitted to acquire all this valuable real estate in the first place, dirt cheap, if now it is to be treated as a separate entity; and how a landlord can negotiate rent with his tenant when they are both one and the same person. In any case there is a new council that is a lot less likely to cave in to this sort of nonsense than the old stumblebums.

In any case, I want to mention a couple of things. First, the perpetrators of the scam need to be identified and chastised for their complicity in the tax: they would be all of the former councilmen of the last 15 years who let this happen; the city managers Jim Armstrong, Chris Meyer, and Joe Felz, who participated in the scheme and who either knew or should have known it was illegal; and let’s not forget Richard Jones, Esq., the City Attorney, who was there every single step of the way and damn well knew it was illegal. Second, Joe Felz’ obvious strategy of stalling and temporizing on this issue, aided and abetted by the Three Hollow Logs and Sharon Quirk, protracted the rip-off by another full year and compounded the problem even more, even as they knew the jig was up.

It should be interesting to see if any of our aspiring council candidates show up to share their wisdom on this subject.

What do you think?