Reasons to Oppose Fullerton’s Water Rate Hike

Tuesday night’s City Council agenda is set and among the many items for consideration by council members is a water rate increase.

The increase would raise water revenue by 7.8% but it is not clear how that increase would be spread among different rate classes. Some will feel the increase more than others. This cloud is just one of the many reasons I oppose this rate increase.

Other reasons include the hidden water tax, economic timing, city management’s long-standing philosophy on infrastructure, the likely law suits due to improper notice by the City, shortsighted conservation efforts, and the general feeling of distrust by consumers.

10% of every water bill gets diverted or skimmed from the water fund and transferred into the City’s General Fund. 80% of the General Fund goes to cover public safety employee benefits. Outside of City Hall only a handful of people know about this tax. In my opinion, it gives the appearance that the unions are embezzling public funds. The General Fund does not contribute any funds back into the water system. Removing this hidden tax would allow the water system to retain about $2.5-million for pipe replacement.

Fullerton residents and businesses are struggling to survive. The elderly and disabled have never had this magnitude of cuts in services and funding now on the table and being debated in Washington. There are other measures yet to be instituted which could provide a financial buffer for the next year or two. City management must exhaust all avenues before resorting to a rate hike in the midst of the worst recession since the Great Depression.

For decades, city management has turned a blind eye to the infrastructure. Unless the repairs or replacement was in a redevelopment district, the City would put off any work. Instead, the city sought to spend $6-million on moving a McDonalds 200 feet, $30-million* in bonds for housing (*will amount to more than $50-million when paid off), and more than $12-million to revamp the Lions Field athletic complex. Meanwhile, our water lines are failing, our roads are crumbling, our streetlights broken, and who knows what else is in disrepair. The proven ability of city officials, from council members to department heads, to go along with whatever hot new trend presented itself despite the obvious deficiencies in our infrastructure is unforgiveable. While some were getting bronze plaques with their names on it, the rest of us are left to foot the bill. Enough already!

The Howard Jarvis Taxpayers Association has indicated that the Proposition 218 rate increase notification received by some water customers last month does not comply with the requirements of the law. Fullerton’s notice is insufficient according to Timothy Bittle, Director of Legal affairs for the Howard Jarvis Taxpayers Association. “[T]hey can’t tell anyone yet what the new amount of their fee will be. That’s not compliance with 218!” says Bittle.

A recent survey of 122 public agencies by the Sierra Club shows Fullerton’s water conservation efforts sadly on par with the infamous city of Bell. The survey gives Fullerton 8 points out of 20. Out of the 122 agencies surveyed, only 16 scored worse.

Finally, people have lost a great deal of trust in their government at all levels and why wouldn’t they lose trust once they realize the City has been charging them with a hidden tax that does not benefit the water system. Most people who do not deal with City Hall regularly get frustrated at the run around they receive. One person tells them to do one thing and someone else tells them to do something different. Many are simply discouraged by driving on Fullerton’s poorly maintained streets. Others, like me, have watched the same section of water line replaced three or four times in just 24 months.

For these reasons and more, I strongly oppose this water rate increase and believe that our city can and should do better to serve the public before considering any rate hikes.

Go Home or Go To Jail

Awhile back Grover Cleveland posted on how the Fullerton City Council’s creation of a mess downtown led to the rise of an FPD goon squad to quell the crime wave. The only problem was that the FPD goon squad added to the crime wave. Here’s a reminder. An innocent bystander is beat up and arrested. Later he is tried for assaulting a cop to which Fullerton cops Kenton Hampton and Framk Nguyen swear in a court of law. Only problem is it didn’t happen, but that didn’t stop the FPD and the DA from trying to put an innocent man in prison.

“Joel Swintowski”: Who is He? What Is He Promoting?

The other day FFFF received this rather odd comment on the blog:

“Thanks for risking your lives so that my family and I can enjoy OURS!”
Joel Swintowski

There were links to a website here that sported an official-looking letter from Fullerton’s police officer’s union president, Barry Coffman asking for money. There was the quote from Mr. Swintowski, clearly implying that he supports the Fullerton police union.

I got to wondering who this Joel Swintowski person might be. I never heard of him. So last night I contacted our FFFF  investigative team of people-finders and guess what they came up with? There’s no such registered voter in Fullerton or in all of Orange County with any such name.

But, as they say on TV infomercials: Wait! There’s more! I also found a host of identical websites for police unions across California with the same quote from this “Joel Swintowski” guy. Clearly this operation is a money gathering scheme organized by some entity and then sold to police unions throughout the state like this one in Menlo Park, probably with a hefty cut taken from proceeds collected from unsuspecting suckers.

Now back to Fullerton. Coffman says it’s a “donation” that he’s begging. The request for money states: “Your contribution to us today will help provide outreach and strengthen relations by and between the FPOA and several local worthy groups and charities.”

Now we know the FPOA spends tens of thousands of dollars trying to get right-thinking people elected to the Fullerton City Council. And by right-thinking, I mean “public safety” union stooges who will raise their pensions and lower their retirement age.  Do any of these “contributions” find their way into political activity? Could be. They are not tax deductible – the kind of deduction you get making a contribution directly to a real charity, eliminating the pistol-packin’ middleman.

So who might some of these “worthy” recipients be? Any guesses?

Could they include the campaigns of the same two guys, Bankhead and McKinley, who are getting prepared to raise your water rates 91% so they can use a portion of that money to support their own plush $McMillion retirement plans?

Maybe it’s time for an IRS audit of this solicitation for alms. Maybe the State AG needs to be called in, again. You know, just to make sure it’s legit.

And in the meantime maybe it’s time for FPOA to find a real Fullerton resident for its self-promotional testimonials.

Water Rate Update

Thursday evening the Water Rate Ad Hoc Committee voted and made some recommendations.

First, the Committee rescinded our May 23rd recommendation to the City Council to use Alternative A which would have raised ALL rates 7.8% or more. All would feel the pain evenly.

 

Second, the committee voted to recommend “Alternative B”. The Committee briefing describes Alternative B as an “Alternative rate structure using 1983 Rate Study meter equivalents for all fixed charges, increasing fixed charge revenue from 12% to 18% and adjustments to commodity charges to better reflect cost of service.”

I voted NO and Mr. Jack Dean abstained from recommending Alternative B. Regardless, Alternative B was passed.

Third, I moved to recommend that the City Council exempt from the water franchise tax all new revenue generated from this new rate structure to ensure that ALL new revenue goes strictly back into the water system. The motion was seconded and passed unanimously. There appeared to be too much opposition for recommending that the council abolish the hidden tax.

Speaking to the THREE members of the public who came to the meeting, I explained that 10%-11% (depends on who you talk to and which document they look at) of the money we pay for our water bill does not go into the water system and that the money, $2.5 million FY2010, goes into the General Fund. The General Fund does not contribute any money to the Capital Improvement Program (infrastructure) but does pay for things like parks, fire, police, special club memberships for the city, and other oddities. Similarly, the Paramedic Fee does not go exclusively to paramedics- it goes into the General Fund.

The end results of the Water Rate Ad Hoc Committee work are recommendations to the City Council. Whether or not they agree with our recommendations, we will see on July 19th at the Public Hearing.

Oh Yeah, It’s Mandated!

It's MAN-dated!

Aren’t ya just sick and tired of watching our city council continue vote on things because they say it’s “mandated.”  I can think of dozens of times hearing O’l Doc Hee Haw holler “we don’t have a choice cause it’s man-dated” or “it’s the law.” Now, when was the last time you ever heard of any city councilman going to jail because he voted his conscience against something really stupid?

The reality is that our allegedly conservative Republican political representatives are indulging their own high price, big-government sentiments, and hiding behind policies established by one of the most liberal legislatures in the nation – and of course continually giving away the store to public employee unions.

Friends, the next time you hear someone say “it’s mandated” or, “it’s the law” tell ’em to prove it. And proving it doesn’t mean saying it’s true because you heard it from the City Attorney who is shilling for some staff make-work project or other.

FPD Sticky Fingers in Miami: The Case of the Stolen iPad

All sorts of interesting stories have been coming in since we exposed the affirmation of beating and theft allegations against a Fullerton police officer last week. Here’s the first one:

Last month an off-duty Fullerton police officer was allegedly captured on video at a Florida airport making off with an Apple iPad belonging to another passenger while going through a security checkpoint. The officer was supposedly identified on security footage, hunted down just before boarding, arrested and charged with 3rd degree Grand Theft.

In Florida, Grand Theft is a felony punishable by a maximum of 5 years in prison.

We’ll sit tight on the officer’s name until we can finish gathering up the details. For now, consider this a warning to iPad owners in Fullerton: hold on to your goods when the Law is nearby.

For all the lavish compensation bestowed upon Fullerton’s Finest, you’d think we’d be able to avoid hiring of such low caliber cops. But the more we look, the more this seems to be par for the course for the FPOA.

Sidhu Supporter Gary Miller, Ethics Under Fire

Word has it that Diamond Bar’s Gary Miller wants to run for Congress in our newly minted 40th Congressional District. Remember Gary? He’s the same guy who endorsed Harry Sidhu the Carpetbagging Crash Test Dummy last year. Here’s Gary:

It’s funny how true the old saying, “birds of a feather flock together” really is. I just received this video clip from a Friend who remembered that Harry Sidhu was recently crowing how he had received the endorsement of Congressman Gary Miller. Watch this video and decide for yourself if you believe Gary Miller is as corrupt as CREW (Citizens for Responsibility and Ethics in Washington) believes he is.

Sound familiar? It should. Harry Sidhu also used to list Municipal Water District Director Brett Barbre and County Treasurer Chriss Street as his proud endorsers. We busted Barbre getting a $48,000 do-nothing payoff from Tom Daly, and then kicking back $1000 to Daly’s campaign; and Street recently got busted by a judge for misusing a bankruptcy trust fund. See a trend?

Both Barbre’s and Street’s names have mysteriously disappeared from Sidhu’s list of “honorable” supporters. How long will it take for Gary Miller’s named to be scratched? And will we soon discover that Sidhu has no ethical followers, at all?

Watch Your Wallet: The Paramedic Sneak

Update: It’s that time of the year again. Don’t forget to deduct the optional $42.00 “crash tax” from your Fullerton utility bill this month.

Don’t forget, this is the month in when an optional Paramedic Fee is automatically added on to your Fullerton water bill. Look closely and you’ll see that the city squeezing the optional charge into the total amount due, which seems a little sneaky. Subtract $42.00 from your total before you make your payment to opt out of the program.

According to the city website, paramedic visit charges range from $250 to $500 and are sometimes covered by your health insurance. Unless you fall down a lot, specific risk coverage for relatively minor expenses such as these are usually not a good investment.

BAD B.I.D.?

A Public Comment to the General Plan Advisory Committee By Judith Kaluzny

I ask that you remove the reference to a Business Improvement District from your draft of a general plan.  I understand the mention is to “encourage” a business improvement district.  A business improvement district is a tax on businesses, collected as a property tax by the county tax assessor, in a defined area.  It can be based on property ownership–and the owners pass the costs along to their tenants; or on individual businesses in the district.

This is found in the codes of the State of California in the Streets and Highways code.  Thing is, a city can assist a BID ONLY AFTER the business people on their own form a group, plan the boundaries, get a petition signed to ask for having a BID.  A BID is NOT for paying for regular maintenance of an area, but for improvements.  An executive director will be hired, and a board of directors elected–another level of government and taxation for your small downtown businesses in this case.

The redevelopment department, inappropriately, has already tried that for $3,000 paid to a consultant and a balance in the accounts for another $27,000 for that consultant.  Four meetings were held; I attended all, as did Cameron Irons and Mr. Terranova.  Only at the last meeting did about five other business owners attend.  And I had handed out many fliers to alert downtown businesses.

A year or two before that, Cameron Irons sent out a survey to downtown property owners regarding a BID.  He gave me copies of the 12 or 14 replies.  All were against it, but two said, if you are going to have it, we will participate.

The Nicole Coats had a meeting or two to gin up support for a BID.  The two people (me and Henry Jones) who indicated willingness to participate were not invited.  Those meeting with Nicole Coats–Cameron Irons, Terranova, Theresa Harvey, and two or three more chose the consultant.  Paul Dunlap said he was invited, but declined to participate.

The idea of a BID for downtown arose when Councilmember Quirk asked if there wasn’t some way to get money for paying for the costs of maintaining downtown.  Redevelopment Director Zur Schmeide told her that a business improvement district might be a way.

When the consultant was hired, I talked to both the city manager and Councilmember Quirk.  Mr Meyer said, “we have an eight block area that is costing us over million and a half dollars a year.  We have to do something.” Councilmember Quirk also spoke of a BID paying for the excess costs of maintaining the restaurant overlay district.

This is not the appropriate use or purpose of a BID! And it is by law supposed to arise from the grass roots business people, not top down from the city to get tax money for maintenance.

What I see happening is that if a BID were established for downtown, the only people who would have time or interest to serve on the board of directors will be restaurant/bar owners.  Then they will vote to spend the taxes raised for maintenance so the city will not be so burdened by the bar district.  (Which burden the city council created by abolishing CUPs for restaurants downtown.)

The Downtown Fullerton Restaurant Association is a non profit listed as c/o Cameron Irons, 118 North State College Boulevard, same address as Vanguard Investment Properties.