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?

 

I Know Awful, And This is Awful

Get a load of the sort of useless crap The Three Bald Tires are wasting their contributor’s money on, accompanied by another thoughtful “press release” by the slouching sloth, Larry Bennett. Hard hitting? How about comically pathetic?

ANTI-RECALL COMMITTEE RELEASES HARD HITTING

AD CALLING OUT SPECIAL INTEREST KING TONY BUSHALA

 Fullerton, CA – Today the committee fighting the Tony Bushala funded Fullerton recall released an ad   that documents Bushala’s $260,000 effort to buy the Fullerton city council.  “Bushala’s special interest money has polluted Fullerton.  His rent-a-mob has been disrupting city council meetings for months.  Many of the people he paid to collect recall signatures are now regular gadflies at city council meetings. This ad exposes Bushala’s sinister power play – using Kelly Thomas’ death – to advance his political agenda,” declared committee chairman Larry Bennett.

Yes, folks, the blithering idiots who paid for this pathetic video are the same clowns who have been squandering your tax dollars for the past two decades. It all makes sense now, doesn’t it?

The Lost Generation

Ah, dear me. I was just waiting for a last gasp from the old, die-hard liberals in Fullerton to oppose the political colonic flush Fullerton needs so badly; they didn’t disappoint. Check out this lame ad placed in the Fullerton Observer:

Predictable. We’ve already dispensed with the “recalls are for malfeasance” nonsense, here. Ironically, some might argue that cultivating a corrupt and murderous police force, colluding to keep an illegal tax, and giving away public property to campaign donors all rise to the level of “malfeasance,” but I’ll just let that pass.

What’s interesting in this list of names is that the average age is somewhere between 70 and 70 million, and that would take us back well into the Mesozoic Era.

A large meteorite was on the way...

These are the worthies who believe in City Hall heart and soul, no matter what idiocy emanates from it. These people sit on committees and even serve on the council itself whenever the repuglicans can’t stop them. They share a common love for government bureaucracies and processes, and more than anything else they believe in hollow platitudes and meaningless abstractions.

And where were these honorable men and women after a helpless, homeless man was murdered by their own police department? Nowhere near the protests, you can be sure of that. It just wouldn’t look good.

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.

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.

“Recall No” Lays Giant 2012 Fundraising Egg. Also Fouls Own Nest.

When you have a crappy product it’s pretty hard to sell. Think Yugo.

No, thanks.

But really? Won’t anybody help the gerontocracy cling to power in Fullerton? Apparently, almost no one will. It could be that contributors to the cause in the fall were underwhelmed by the bang they got for the bucks they handed over to Tricky Dick Ackerman and The Human Salamander, Dave Ellis.

The metamorphosis into an oxygen breathing creature was slow and painful.

Yep, Protect Fullerton-Recall No filed their 460 on Monday for 1/1/12 through 3/17/12. The results? Somewhat less than impressive.

$4,224.00 raised

$9,765.70 spent

$3,841.69 left over

Most of the funds were from early in January – before they sent that last pathetic mailer advertising the recall. The only recent donation was $2,000 from some presumably ancient lady named Mary Ransom.

Holy Smokes! Dave Ellis really took them for a ride. $2,500 to Delta Partners. $500/mo to host that crappy website.

View the statement

By the way, did you notice that $250 from the Santa Monica cop union? I did.

Quirk-Silva Gets Opportunity To Do The Right Thing. Then Doesn’t.

I know I said that. But that was way back yesterday!

Tuesday was a big day for Fullerton Mayor Sharon Quirk Silva. Only the day before Quirk-Silva had issued a bold press release to her pals in the liberal blogosphere stating that she was going to request that her colleagues on the city council suspend the illegal 10% water tax. She even helpfully explained why the new 6.7% number was a load of manure.

Here’s what she said, quoted verbatim from a press release sent to an admiring Liberal OC:  “I will also call upon members of the city council to join me in a motion to stop any further diversions of water revenues to the general fund until these questions are answered,” Mayor Quirk-Silva asserted.

Naturally, when the chips were down, SQS chickened out. Don’t believe me? Here she is, right after Councilman Bruce Whitaker made the motion she herself had said she was going to make, that is, agendize the suspension of the illegal 10% tax on our water. 

Oops.

Well, there you have it. Quirk decided to side with the blowhard who attended (and fell asleep at) the Water Rate Ad Hoc Committee meeting, and put off the decision to do the right thing for some other day.

The courage of Monday morning evaporated by the next afternoon.

What a leader!