Setting The Bar Low – Page 58 – Friends For Fullerton's Future

April 18, 2012April 18, 2012A Step in the Right Direction

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And by no means was the tax repealed last night.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When the tax is finally repealed by a fresh city council, don’t forget that there are millions of illegally-taken dollars that still need to be refunded to water users.

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.

April 17, 2012"Dick" Ackerman

We Get Mail; An Unhappy Camper

by admin46 Comments

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.

April 15, 2012April 15, 2012Behind Closed Doors

Acting Chief Still Acting Like Predecessors

by Joe Sipowicz92 Comments

When FPD Acting Chief Dan Hughes was handed the keys to the front door, wishful thinkers proclaimed the dawn of a new day for a department reeling from humiliating self-inflicted wounds.

His supporters claimed that Dan, for some mysterious reason, was going to bring decency and reform to a department whose members had, within the short space of seven months been exposed as thugs, perjurers, thieves, con men, sex perverts, destroyers of evidence, thieves (again and again), etc., etc. Despite a 30-year FPD career and various job titles that closely tied him to this band of miscreants, Dan is Different, his defenders said. Somehow. A veritable Galahad, in fact.

Even when Dan denied a Culture of Corruption in the FPD and said such an idea was disseminated by liars or ignoramuses, his supporters clung to the idea that Dan is Different.

But Dan’s latest decision may provide cause for pause. According to the folks at FullertonStories Hughes has replaced the otiose Andrew Goodrich with yet another union member, Sergeant Jeff Stuart, to be an official department spokeshole and Face of Fullerton. Really? Has Hughes learned nothing from the misinformation peddler, Goodrich. Maybe not. Or maybe he likes the idea of the FPOA getting the first, and often the last shot at misleading the public.

Haven’t we had enough of public information officers whose loyalty to their own tribe is far greater than that to their employers? To me this just looks like more of the same ‘ol same ‘ol: another opportunity to do the right thing has been passed over by Acting Chief Hughes, who is acting more and more like Chief Sellers all the time.

April 13, 2012April 13, 2012"Dick" Ackerman

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

by Mr. Peabody21 Comments

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.

April 11, 2012Behind Closed Doors

Ad Hoc Citizens Committee to Council: Quit Ripping Us Off!!

by The Fullerton Harpoon33 Comments

Lou Ponsi of The OC Register authored this article on how the Fullerton Ad Hoc Water Rate Committee has unanimously decided to tell our esteemed City Council that the illegal 10% tax on our water bills should be stopped. Brave? Well, yes – for Fullerton.

To his credit, Ponsi omits the usual obligatory counter-argument floated by the Fullerton Establishment to defend the indefensible – whatever it may be. This could be because he even can’t find anyone to defend the unsupportable tax on a utility that goes to pay for the very pensions and perks of the City Councilmembers and staff themselves.

But of course Lou does not delve into the blatant stalling tactics of City Manager Joe Felz who has temporized, stalled, and delayed doing the right thing in order to wring yet another year’s $2,500,000 ill-gotten gain out of the Water Fund and the water rate payers.

April 10, 2012A Step in the Right Direction

Water Rate Study Ad Hoc Committee Calls On Council to Rescind Water Tax

by Greg Sebourn52 Comments

Last night the Water Rate Study Ad Hoc Committee voted unanimously to recommend to the Fullerton City Council that the “in-lieu” franchise fee, or “water tax” as it has become known as, should be suspended indefinitely.

Another motion was made to recommend an audit of the Water Fund. The motion failed 5-5.

Some members stated they had enough reports and felt spending more money would not provide any answers. One member even said that no matter what is discovered in the audit, it would not be enough for some.

Others, like myself, feel it is a disservice to the public to not account for the misappropriated funds. As we look to answer the question of how much was overcharged to ratepayers, we realize we cannot arrive at a fact-based answer. Instead, the city’s staff will have the Ad Hoc Committee look at what could or perhaps should be charged to the Water Fund. That may be an appropriate step going forward but without an audit we will never know where our money went.

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April 7, 2012April 7, 2012Chris Norby

Why Didn’t Norby Speak Up On Fullerton’s Water Tax? He Did.

by Greg Sebourn43 Comments

Back on May 6, 1997 a resident named Tom O’Neill told the City Council that he opposed the practice of transferring money from the Water Fund to the General Fund. O’Neill said it’s deceptive and builds mistrust in elected officials. Then Mayor Chris Norby noted that the City attorney was reviewing this issue and would report on it at a future meeting.

Then, in September of 1997, the Water Fund issue rises again as the priorities for Hill Crest Park were being considered. The Water Fund and Redevelopment Fund were being eyed as the primary funding source.

The City’s consultant tried to explain why these funds could be used. His logic? If a new waterline and reservoir were to be installed, many of the other park improvements could be logically tied to the water work.

Marie Whaling and Barbara Marr asked questions about the use of Redevelopment Funds and Water Funds for the park.

Mayor Norby explained that Redevelopment Funds were to be used for alleviating blight. He went on to say that the concerns expressed regarding funding sources are legitimate and that Water Fund monies are for water purposes and expenditures must be related to water and its delivery.

April 6, 2012April 6, 2012Behind Closed Doors

Gay Kid Hauled Off Stage at FHS

by Mr. Peabody67 Comments

According to Tracy Woods of the Voice of OC(EA), here, a bit of a dust up is occurring at Fullerton High School over a student constestant who was yanked offstage during something called a “Mr. Fullerton” competition by Assistant Principal, Joe Abell. The kid’s offense? Apparently he told the audience that he hoped he could find Mr. Right, and that he hoped in ten years gay marriage would be legal in California. From the Voice of OC(EA):

According the the district’s statement, “an Assistant Principal removed a male student from the stage during the Mr. Fullerton competition for making what the Assistant Principal believed to be a statement that was off script and not pre-approved.”

It’s good to know that the justification for this errant behavior was that a student had deviated from a script pre-approved by one of our esteemed educrats. We wouldn’t want anybody being able to think on his feet, now would we?

FHSD Superintendant George Giokaris has sent out a letter of apology for the inappropriate behavior of Mr. Abell, given that the kid broke no school rules. That’s great, but the damage has been done. Meanwhile, I congratulate the unnamed kid for standing up for his Constitutional rights.

http://www.youtube.com/watch?v=zB7UuXCk_p4

April 2, 2012April 2, 2012"Dick" Ackerman

Fullerton Was Sold 20 Years Ago And The Recall Is How We Pay For Her Emancipation

by admin37 Comments

Friends, long time community activist Steve Baxter wrote a must-read letter that was published in one of Fullerton’s up-and-coming blogs, The Fullertonian. Enjoy!

For a period of time I knew the man six Fullerton officers killed last July. His name was Kelly Thomas and I liked him. As I was walking to my car in the Fullerton Ralphs shopping center, a man, when seeing my “Justice for Kelly” button, said to me that if I cared this much about Kelly when he was alive, he would still be alive. I was pretty baffled at that statement, but then I saw the “NO RECALL! FULLERTON IS NOT FOR SALE” sticker on the back of this big boy’s Jazzy Jeff scooter and it all made imperfect sense. “Hey brother,” I yelled, “just because you …..” That’s as far as I got before I knew it was not worth it. Besides, you don’t look very dignified yelling at someone who is relegated to a scooter.

I know that Kelly was loved by his family, and I know that Kelly was welcome to stay at any number of relatives’ homes, and for periods of time, he did. I know what six of our police officers did to him, and I know how Dick Jones, Don Bankhead and Pat McKinley, the three councilmen now facing a recall, reacted publicly to his death. Their lack of urgency, their lack of outrage, and the insensitive treatment to Kelly’s family, after what in my mind may be the most shameful 10 minutes in this city’s history, rises well beyond what even I expected from these three men. I’ve witnessed their disdain for the victim and his supporters firsthand at many council meetings. I witnessed it again watching TV interviews, where their ignorance was broadcast across the county. These old mens’ desperate need for order trumped any need for truth. They lied and tried to spin the story at every opportunity, at times to ridiculous proportions. Dick Jones even tried to diminish Kelly’s injuries by saying he had seen worse in Vietnam. When the DMZ becomes the go-to reference point for downtown Fullerton, we have a serious problem. In light of this, the “NO RECALL! FULLERTON IS NOT FOR SALE” signs mean nothing to me.

Read the rest of “Fullerton Was Sold 20 Years Ago And The Recall Is How We Pay For Her Emancipation” on theFullertonian.com