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And by no means was the tax repealed last night.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When the tax is finally repealed by a fresh city council, don’t forget that there are millions of illegally-taken dollars that still need to be refunded to water users.

41 Replies to “Water Tax Scofflaws Admit Guilt”

  1. Okay…first he says “every other city is charging a franchise fee”…then he says I have tried to find out which cities are but I can’t find that out” [sic]

    So which is it, you moron? That guy has to be thee biggest jack ass i have ever seen.

    Did you noticed the look on SSSSSSilva’s face right before she passed the mic to Moron Jones? it was priceless.

    So why is it still on the water billl? Did that ever get discussed?

  2. Jones blurts out at one point that it’s just a matter of changing the name.

    I notice that the other Dick Jones finally admits the whole thing is illegal – after 15 f-ing years of saying NOTHING.

  3. Amen, he has the attitude when flippantly admits the illegality of the tax like..”I have been trying to tell ya’ll this all along”.




    Anyone who isn’t in favor of the recall needs their head examined. God’s truth.

  4. OMG, but it was like pulling teeth trying to get something solid and literate out of Jones, and that crazy city Attorney, who refused to answer yes or no.

    Quick-Silver went to whining and quick stepping like someone just stuck her arm in the garbage disposal, with stern admonishments that she and the others did and do care about the water issue, and that they have been working on this issue for a long time now.

  5. “Quick-Silver went to whining and quick stepping like someone just stuck her arm in the garbage disposal, with stern admonishments that she and the others did and do care about the water issue, and that they have been working on this issue for a long time now.”

    She is dreaming if she thinks people are going beleive that bullshit.

  6. BUT,BUT,BUT, there is no corruption in FPD or anywhere else, LMAO!!!

    These clowns would make a pimple on a litigators butt!!!

  7. These are the kind of people my daddy warned me about. These are the kind of people I warn my children about. These are the kind of people that these kind of people need to warn their children about.

    1. He’s upset because:

      1) he’s like a little girl who is frustrated because she can’t understand what the grown ups are talking about; or

      2) he’s like a little boy who missed his nap; or

      3) he wants people to think he’s tough and persistent, and dagnabbit, jes’ a-gonna git to the’ bottom a this mess.

      As usual Hee Haw steps on his own weenie by advertising his ignorance, displaying his total lack of grace, and sharing his rude cracker-dom with everyone present.

      1. We can only hope. My question is: if this tax was taken and used for the councils pension, when they are voted out, will they be able to still collect those funds? And if so, how much will remain? And if it is a resource of pension funding, how will the new council get their pension?

  8. I really am confused.
    Can someone explain to me in “simple terms” WHY the tax is STILL on the water bill if it is admittedly ILLEGAL???
    Simple terms please…thank you.

    1. According to Attorney Jones, the City has to go through the Prop 218 notification process to LOWER rates. That’s a steaming pile of you know what.

      218 only applies to imposing new taxes, extending a tax, or increasing a tax. Read the law:

      SEC. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
      (a) All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes.
      (b) No local government may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body.
      (c) Any general tax imposed, extended, or increased, without voter approval, by any local government on or after January 1, 1995, and prior to the effective date of this article, shall continue to be imposed only if approved by a majority vote of the voters voting in an election on the issue of the imposition, which election shall be held within two years of the effective date of this article and in compliance with subdivision (b).
      (d) No local government may impose, extend, or increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved.

      SEC. 3. Initiative Power for Local Taxes, Assessments, Fees and Charges. Notwithstanding any other provision of this Constitution, including, but not limited to, Sections 8 and 9 of Article II, the initiative power shall not be prohibited or otherwise limited in matters of reducing or repealing any local tax, assessment, fee or charge. The power of initiative to affect local taxes, assessments, fees and charges shall be applicable to all local governments and neither the Legislature nor any local government charter shall impose a signature requirement higher than that applicable to statewide statutory initiatives.

      1. He won’t say it like that. He’ll say it needs to be done to justify the right rate. In the meantime the illegal tax will persist.

        Dipshit should have stood up for Prop 218 fifteen years ago. He needs to be fired on June 6th.

        1. Well didn’t he say the “right rate” was 6.7 at the most???
          I thought I heard that.
          Would not common sense dictate at the very least lowering the rate to the MOST it can possibly be after all the hand wringing?
          How about a motion to refund any and all rates IMMEDIATELY from this date forward that are on the individual bills now that the rate has been found to be inaccurate AND illegal? They could be held in a “public trust fund” right?

      2. It’s so simple. So why was it continued to “a date uncertain” instead of to the next session?

        Attorney Jones is stalling for the team.

  9. It will be great when all three of these stooges are recalled and Fullerton can finally get some competent representation on their council with Travis, Greg, Barry, and Bruce.

  10. At about 4:02 did he say “lets have a fee to PRAY for the service of the pipes and management of the future of these delivery systems”?

  11. Doctor Richard Jones: Angry sounding Texan with moronic cliches, long-winded sayer of nothing.

    Pat McKinley: 2nd best speaker, next to Bruce Whitaker. The only problem is a pretty big one; he’s evil and arrogant.

    Mayor Quirk-Sliver: Extremely uneducated sounding, particularly for a part-time teacher with degrees from CSUF and UCLA. Every other meeting forgets to do ‘pledge of allegience’, updates from city attorney, stutters and stammers every time she speaks.
    Unconfident sounding when speaking as well.
    Innappropriate Affect (smiles when nothing to smile about, ie. phony). Start ‘Steppin’ woman!

    Don “Go to Sleep” Bankhead: Doesn’t say much but when he does, says alot of ‘uh-uhs’, falls asleep dreaming about HIS pension and Crown Royal.

    Bruce Whittaker: Intelligent, professional, highly moral, talks in 3 to 5 syllable words to where the slower and older ones (and Sharon) can’t understand. He’s a keeper.

    Oh and RECALL, YEAH!!!

  12. Did I hear this correctly? did the guest who did the slide show state that 218 didnt apply to water until 2006? or am I thinking of something else?

  13. OK folks this water tax hopeful repeal is gonna hurt Fullerton. It should be dumped, but the city council will need the money to pay all the lawsuits a comin Fullerton’s way compliments of the Fullerton Police Department. Fullerton is a self insured city. They (city attorney and city manager and chief of poice) did not want an insurance company investigating their past practices as part of a rate quote. Now, no sane company will touch insuring Fullerton at any rate.
    So that Water Tax is needed to fund the civil suit settlement payments coming over the next 3 years as well as the bloated pensions. OK OK so we could raise some other tax! But you cannot cut back on street maintenance, they are a mess and long overdue. (PS where Tuco lives, streets are done every 7 years whether they need it or not and the average cost of police department is 25-30% less than Fullerton. So if ya like the three blind dinosaurs, remember the immortal words of Stan Laurel “Thats a fine mess ya got us in Ollie!”

  14. ****Water Tax Scofflaws Admit Guilt****
    This post by Travis Kiger spells out pretty clear where the breakdown is. This is what people need to know.

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