A New Era of Responsibility and Accountability

What was that noise?

As it streamed into my one-room cabin out on Screech Owl Road, last night’s Fullerton City Council meeting was a joy to watch. After three or four decades of watching nattering imbeciles following the direction of staff like stringed mannequins, we finally got to see a rare treat: a Fullerton council that is decisive, in charge and most importantly – accountable.

Let’s take the meeting itself – a special meeting called by Travis Kiger to address critical issues including the nagging problem of city spokesholes peddling self-serving disinformation; the thirty million dollar housing bond that was being used by the Three Dim Bulbs to hand out millions in patronage to their pals; and the issue of releasing the much-discussed phone call that claimed Kelly Thomas was trying to break into cars, and that led, ultimately to his murder. Doug Chaffee agendized his request that the Council take direct responsibility for the hiring and subsequent activities of the new chief of police – a clear indictment of how your City Manager Joe Felz has mismanaged oversight of the police department during its final descent into the Quagmire of Corruption. The very fact that a council member called this meeting, and not city staff, is revelatory. Former councils simply received their instructions and voted aye every couple of weeks – like clockwork. Not any more.

The Council approved an ordinance to take responsibility for the police department. They did it decisively and courageously. Only Sharon Quirk shied away from taking that authority from the ineffectual Felz.

On the subject of releasing the call from the downtown bar, the council voted unanimously to make redacted versions of the audio and transcript public, demonstrating that to this council, unlike its predecessor, pointless and stupid obfuscation is no longer going to be tolerated by the public’s elected representatives.

For years I’ve been shouting at my computer screen as the puppet-like figureheads of the entrenched, sclerotic regime wasted, stole, diverted, covered up, and insulted. Last night I was audibly cheering in support as the council ushered in a new era of accountability, competence, and intelligent government. No one heard me out on Screech Owl Road except a passing coyote and a sleepy iguana. But I was satisfied.

Well done Fullerton!

 

 

 

It’s Broken. Fix It.

And let’s start with someone named Dana Fox who supposedly is an attorney for the City of Fullerton – a holdover from the Old Regime of Incompetence and Denial.

Here is a story by the never helpful Lou Ponsi of the OC Register that includes an interview with said Mr. Fox. It’s all about the the lawsuit filed by Ron Thomas against the City of Fullerton for the murder of his son by the Fullerton cops July 5th, 2011.

Lawyer Fox? Close enough.

First Fox pops off about the irrelevance of previous bad behavior by some of Fullerton’s Finest:

Responding to the lawsuit Thomas filed last week, alleging officers’ misconduct in multiple incidents apart from the July 5, 2011 incident involving his son, attorney Dana Fox said many of the allegations deal with “extemporaneous” and “irrelevant” matters.

“All of those other matters have nothing to do with the events of July 5, 2011, and are irrelevant to determine if there is liability, and if so, if there are reasonable compensatory damages that Mr. Thomas is entitled to recover,” Fox said.

I think the history of malfeasance and cover-ups is very much germane to the Culture of Corruption that permeated the FPD. Of course I’m not a lawyer. But Garo Mardirossian is. I do know one thing: I want the history of FPD abuses addressed, admitted to, and corrected, and through a court proceeding, if necessary.

Later on Fox dangles the tasty carrot of an easy settlement:

“As the city and Cathy Thomas were able to do, which is put aside their differences … the city is more than willing to sit down with Mr. Thomas and his attorney,” Fox said. “Otherwise, it will be a lengthy case.”

Differences? Hell, we all saw the video. Who in the hell gave this assclown permission to speak to the media on behalf of the City. Bankhead, Jones, and McPension have been fired by the people of Fullerton. Who is giving this bozo direction in dealing with Ron Thomas, or any other of the long line of plaintiffs against the Fullerton Police Department? Again, I only want a settlement after a court trial, in public, details the facts of the Kelly Thomas murder on top of those the DA will not touch.

Finally, I would like to know who gave Lawyer Fox permission to open his yap to the media in the first place. Was it Old Regime City Manager Joe Felz? Was it Old Regime City Attorney Richard Jones? Was it Mayor Sharon Quirk? Whoever it was, one thing should be made abundantly clear – nobody speaks for the City of Fullerton except the city council; this means no more happy press releases issued by staff, no more  government self-promotion, and no more obfuscation meant to protect city employees and meant to sweep embarrassments under the rug.

And let’s hope the new council gets on with the business of clearing out the holdovers from the corrupt, stupid, incompetent, and negligent council majority that preceded them.

Old Guard Won’t Go. Better Call a Judge.

So ordered.

I keep hearing on the Fullerton grapevine that Fullerton City Manager Joe Felz, doggone it, just can’t get one of the recalled Three Bald Tires to show up to validate the June 5th Recall election. Without at least one of these clowns there is no quorum and a meeting can’t be held. Apparently they have been individually agreeing to show up then later, suddenly have other plans.

This could go on for quite awhile, and if left to their own devices, these miscreants may actually file to run for election in November before they’ve officially been run out of office.

Well, this might explain why it’s been three weeks since the election and the new councilmen Kiger, Sebourn and Chaffee have not been sworn it yet. That’s pretty reprehensible, if you ask me, and it begs the question – how much longer is this farce going to go on before somebody goes to a judge and gets a court order validating the election?

I remember well in 1994 that the three recalled councilmembers simply refused to schedule a replacement election (different laws then) until ordered to do so by a judge. Then as now, the incompetent, arrogant Old Guard refused to go quietly into that good night. And Don Bankhead, recalled the first time, got himself elected again.

And here’s a final thought for you Fullerton water rate payers. Every single day that passes costs you all another $7000 in an illegal tax that is still being collected. 

Are you angry yet?

Here’s an E-mail To The City Manager Accusing Cops of Drinking At Lunch

A Friend forwarded this e-mail purportedly sent to Fullerton City Manager Joe Felz. Personally, I don’t mind having a beer or four for lunch before returning to the gun store, but I don’t wear a badge.

To: citymanager@ci.fullerton.ca

Subject: Misconduct on oct 18th

Mr Felz,


Please look into allegations that officers of the Fullerton police attended a training class on Oct. 18th, Tuesday and during their lunch break drank beers at Roscoe’s in Fullerton before returning to training.

Officers drank beer in front of LT Crum and his Sgt’s and none of them took any action for this obvious policy violation..

I apologize for the anonymous email, but I’m afraid of retaliation.

Bottoms up!

So What’s Next?

As soon as the Fullerton Recall election is certified (which should be comparatively quick) the reactionary Old Guard will be out and the new majority of reformers will be sworn in to join Bruce Whitaker in an opportunity to usher in a new era of accountability in Fullerton City Hall.

What should be the immediate agenda? How about finally (and immediately) revoking the illegal 10% water tax and figuring out how to implement a refund? How about pulling the plug on the last minute (and also illegal) Redevelopment deals handed out by the Three Flat Tires to their buddies like Dick Ackerman? How about initiating an immediate search for a new chief of police from outside the tainted innards of the FPD? How about an immediate jettison of the incompetent and inert City Attorney, Jones & Meyer? How about the demotion or removal of the City manager, Joe Felz, dubbed “Albert Pujols” of city managers by Patdown Pat McKinley, who sat on his ass while Fullerton went to hell?

How about a timely assessment of the labor union agreements that have created a multi-hundred million dollar unfunded liability for Fullerton? How about consideration of a “total compensation” approach in all future negotiations?

Feel free to add your ideas.

 

 

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.

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

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.

 

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

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.

(more…)

New Water Tax: 6.7%? Not a Freakin’ Chance!

Apparently the much-anticipated Joe Felz Water Study is in, and it says that the illegal 10% water tax is…drum roll, please…illegal. But get this: rather than an honest study, the consultants were clearly told to gin up as much plausible reason to keep as much of the 10% as they could. The result? It’s only 6.7%. Yay!

The only problem is that to reach 6.7%, the consultant cooked up the idea that the Water Fund owed the City rent on land where water reservoirs are located! According to Ad Hoc Water Committee member Greg Sebourn, the total annual rent was figured at $1,374,000 – well-over half of the existing tax.

Of course this scam raises all sorts of new issues, as scams generally do. Such as: the reservoir in Hillcrest Park supports a play field on its deck. Does the City rent this back from the Water Fund? Bet not! The reservoir up at the top of Euclid is situated in a cactus patch patrolled by goats. What’s the rental or development value of a nature park? I dunno, but it’s not much. Has the Water Fund been paying for maintenance on these properties that should have been the responsibility of the General Fund? Bet so.

Then of course there’s the issue of whether the waterworks itself paid for fee title to any of these properties in the first place, a way back when. I wonder if the consultant even bothered to check. Bet not.

And there’s the embarrassing fact that there is no arm’s length relationship between the people that impose the rent and the people that pay it. The City Council can demand any amount of rent they want – then agree to pay it. Why not? The proceeds go to pay their own pensions! Now, that’s not very good, is it?

In any case, the public may find it a bit confusing and unseemly that at the eleventh hour the bureaucrats and their hand-picked consultant are burning the near-midnight oil to drum up ways to charge as much for water as they can that they can keep siphoning money into the General Fund.

Will you please shut up.

Will the city Council buy into this load? Well, of course they will. The vote will be 4-1, and it will be up to the citizens and voters to rectify the scam at the ballot box.

Our job is to continue to expose the fraud for what it is.