5 Steps for Destroying the American Dream

Highboldltage, a Humboldt County political blog has the following labor reforms:

The following labor reforms will create millions of jobs!

1. NO ONE may work more than 40 hours per week, unless it is a truly emergency situation. This will create a MILLION NEW JOBS.

2. EVERYONE may start enjoying non-mandatory retirement benefits at age 55. This will create a MILLION NEW JOBS.

3. EVERYONE will get 6 weeks paid vacation every year. This will create a MILLION NEW JOBS.

4. EVERYONE will receive very low cost health care . This will create a MILLION NEW JOBS.

5. EVERYONE will have access to free public education from kindergarten to post-graduate level. This will create a MILLION NEW JOBS.

Five Labor Reforms, Five Million New Jobs!

Ok, when you're done snickering at the ignorance behind these reforms just remember this is the perfect utopia for socialists who want to reward laziness and punish hard work. 

Let's do a play by play analysis:

1) If NO ONE worked more than 40 hours per week, some Fullerton fire fighters wouldn't able to DOUBLE their salary.  Hmm, maybe that's not so bad.  But seriously, if we all SHARED the work, we would all SHARE the profit.  In this case, some would profit because others would loose. And neither person would have a choice.  No, if I want to work my ass off for extra money, I should be able to. 

2) If everyone got paid to stay home or go fishing at age 55 and they got "non-mandatory benefits" (not sure what those would entail), we would have some of our smartest, brightest, and skillful people not contributing to the work load.  Few people retire at 55 without re-entering the workforce.  This is where the double-dippers are born. 

3) This is great.  If EVERYONE got 6 weeks of paid vacation we would be even LESS productive than we are now.  This reform would mean I couldn't cash out the accrued time to buy a new car because I would be forced and paid not to work.  That would lead to a loss of MY productivity.

4) Obamacare.  We see what that did for us.  For this first time in 30+ years my private employer has to pass along the cost of insurance in order to maintain the same basic policy we've had for years.  On top of that, if I canceled the insurance, I would be arrested and imprisoned!  Not to mention that under these suggested reforms, the doctors and nurses would all be on vacation.  And for that matter, who would want to go into medicine if you can't earn a high salary.  If healthcare is CHEAP, I mean "low cost", how will they pay off there student debt?  Oh but they wouldn't have any student debt, thanks to reform #5.

5) FREE PUBLIC EDUCATION!  If you can't beat 'em, give'em the store.  So, how do we pay the teachers???  How would we pay for the classrooms and books???

These are all nice pipe dreams but unfortunately, they only work for awhile.  Once people see that they can't get ahead in life and that there is no hope, no American dream, no reward for hard work and effort, the party is over and the wall comes down.  People need to believe that they can have whatever they want if they work hard enough and smart enough.  Without that hope, there is nothing. 

Fullerton's Future

As Costa Mesa begins the largest layoff in Costa Mesa history, I can’t help but wonder what may be in store for Fullerton’s 700-plus employees.  For that matter, public employees throughout Orange County should be very nervous. 

Our country and certainly our OC cities are struggling to maintain basic services while Wisconsin public employees battle their governor and legislature to protect their ability to collectively bargain and negotiate salaries.  Costa Mesa employees discovered the price for their great salaries and benefits the hard way. 

Although Fullerton employees are not as likely to see half of their co-workers get pink slips, they should nonetheless step up to the table and make concessions from within, if for no other reason than to save their own job from getting cut.  There are some large expense coming and something somewhere will have to be cut.

The water rate study with its built in franchise tax has me pondering the future of Fullerton.  Specifically, I can’t help but repeat the same question to myself, searching for the answer.  What else, besides our water system, has city management neglected to plan for?

We carefully prepare all sorts of planning documents with the craftiest of legalese to head off and divert certain disasters such as having a tattoo parlor too close to a school or live outdoor entertainment.   These plans serve to protect our city from unscrupulous developers and businessmen who would otherwise wreak havoc on our [perfect little town while corrupting the morals of our youth.

Unfortunately, as the quote goes, even “the best laid plans of mice and men often go awry.”   

So, back to that haunting question, what has management missed that needs to be accounted for and planned for, like the water system?

Roads.  Those are important and they are terrible, at least in most of Fullerton.  The potholes wreck my suspension and tires.  The broken asphalt soon turns to loose gravel and we’ve all seen those loose gravel signs.

The sidewalks and curbs are pretty bad, too.  There is a very real and hidden danger with broken and uplifted curbs when they create ponds that act as mosquito nurseries.  Mosquitoes transmit West Nile virus and dozens of other dangerous pathogens. 

Our street lights are in bad shape.  There are about 6 or 8 street lights that I drive past early every morning on my very short commute.  Several have been out for as long as I can remember noticing the absence of light.  And you may recall the story in the Orange County Register that featured several downed street lights still lying where they had fallen.  In one case, the light remained for a month and a half!  

Electricity, gas, phone…all are provided for by private companies, not the City of Fullerton.

There is our sanitary sewer, yet to be mentioned.  The irony is paralyzing.  There is nothing sanitary about any sewer!  In Fullerton, we pay to maintain the sewer through our water bill.  The powers of City Hall have determined that the water that flows through your meter will eventually trickle into the sewer.  That’s a good theory if we all had landscape water meters and used reclaimed water which few homeowners have.  My point being that the sewer fee attached to our water bill should be enough to maintain the sewers forever.  But will it really cover the true costs?  Doubtful.

What about our public buildings?  Do we have a plan to repair and eventually replace all of our public buildings?  The taxpayers are in the process of building a shiny new $28 million community center in Amerige Heights.  Do we have funds set aside to maintain and eventually replace it? 

The City of Fullerton owns several parking lots.  Have we set aside the appropriate funding to repair and replace the pavement?

As a licensed professional land surveyor, I am always in search of survey monuments.  Some mark property lines and others are reference markers to help piece land boundaries together with the infrastructure like puzzle pieces.  When cities ramp up their maintenance operations, the survey monuments get destroyed.  Despite the fact that destroying a survey monument is at the very least a misdemeanor (CPC605), they are still destroyed by well intentioned engineers and contractors.  Replacing just one monument can cost thousands of dollars if it is not accounted for before construction.  And who pays the bill to replace them?  According to California’s Business and Professions Code (§8771), the contractor and the government agency who hired the contractor are both responsible.  Eventually, all of California’s cities will have to take stock of their monuments and pay to replace them; it’s just a matter of time.  Anaheim and New Port Beach have done a great job which will help keep costs low for many years. 

Whether we are talking survey monuments, water systems, or streets, Fullerton is behind the curve and the cost will be substantial.

All too often, we feel good about a project and move forward without thinking about tomorrow. 

State Controller Releases More Salary & Benefit Info

SACRAMENTO – State Controller John Chiang today updated his website showing the salary, pension benefits and other employee compensation for several hundred land reclamation, levee maintenance, health, hospital, and local water districts.
Last October, the Controller collected and posted wage information for more than 600,000 city and county employees. He then ordered special districts across the State to report the same information, and the first 746 districts were loaded last month.
Compensation information for employees of special districts is being collected and posted on the website in four phases. The second phase – launched today – includes almost $5 billion in payroll reported by 539 local agencies. The next phase, expected at the end of April, will include cemetery, electric, financing or construction facilities, flood control, water conservation, recreation, and community service districts.
The Local Government Compensation Reporting website covers elected officials as well as public employees. It includes the following information for each position:

·       Minimum and maximum salary ranges;

·       Actual wages paid;

·       The applicable retirement formula;

·       Any contributions by the employer to the employee’s share of pension costs;

·       Any contributions by the employer to the employee’s deferred compensation plan; and

·       Any employer payments for the employee’s health, vision and dental premium benefits.

In addition, the website shows employees who hold multiple positions within a single local government. Postings are updated weekly with any new information received.
Seventy-seven percent of all special districts in the second phase successfully followed the new reporting requirements. A list of agencies that failed to file in time for today’s launch can also be found on this website. Each non-complying agency could face a penalty of $5,000. The Controller anticipates completing the website with all special district information, along with compensation for state employees, in June of 2011.

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Norby Notes 4

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	Norby Notes 4 March, 2011 | Issue 04 http://www.arc.asm.ca.gov/member/72/ Assemblymember.Norby@assembly.ca.gov Five Questions State budget crisis discussions are dominated by the following five questions, whose answers will determine our long-term fiscal future: 1)  Will Governor Brown peel off the four Republican legislators to create a 2/3rds majority for his plan?  To fill the $25 billion budget hole, the Governor proposes about $11 billion in tax extensions and $12.5 billion in spending cuts. Some GOP support may be needed to place his plan on the ballot in a June special election. Specifically, it would take two Republican votes in each house to form a 2/3rds majority (although this may not actually be required-see Question 4). 2)  Will Republican legislators simply oppose Brown, or will we unite behind a plan of our own? There is broad agreement that our plan must include both serious pension and regulatory reform. Unsustainable public pensions are a serious concern, and business owners complain more about the uncertain regulatory environment more than they do about taxes. There is widespread discussion about whether to offer a counter-proposal, or try to merge our reforms with Brown's package without compromising on taxes. 3)  Would Democrats accept any Republican counter-proposals? Would Democrats agree to placing a competing plan on the ballot if it were the only way to secure a place for the Governor's plan? 4)  Without any bi-partisan support, would the Governor seek a simple majority vote to place his plan on the ballot? While Brown wants Republican support, he may not legally need it. While a 2/3rds legislative vote is needed to raise taxes, it might not be needed to place tax extensions on the ballot. 5)  If the Brown Plan makes the ballot, would the voters pass it? The 5-year tax extensions (totaling $55 billion) may be a tough sell in a special election when turnouts are low and voters are disproportionately older and more conservative. If they don't pass, we revert to an all-cuts budget. An all-cuts budget would be balanced with $25 billion in spending reductions-perhaps draconian by today's standard, but would place us at 1998 levels, even adjusted for inflation. I will not be one of the two of my party to cut a side deal with the Governor and provide cover for his tax plan. However, I will not criticize my colleagues looking for real solutions, as I believe my party must. Saying "no" is not enough. I will support counter-proposals that avoid new taxes while imposing necessary economic and government reforms-especially in pensions, regulations, education, prisons, healthcare and welfare. Unlike Congress, the state legislature cannot print money nor borrow endlessly against future generations. We will have a balanced budget. March 9th is the deadline for the legislature to vote to place proposals on the June ballot. Monday Majesty My weekly Monday flight from Orange County to Sacramento was particularly spectacular as the wintery majesty of our Golden State below gives no hint of the paralysis of its government. We rise above Newport Beach with its sandy strand that marks the end of a continent. We curl back over the rocky coast of Catalina, and the docks of San Pedro harbor, whose crowded wharfs welcome the wealth of the world. Below now is LA, its 4 million people criss-crossed with traffic-clogged concrete ribbons. I spot the USC campus (my son Alex is down there) and the Hollywood sign. Far to the east are the three snowy sentinels of Mounts Baldy, San Gorgonio and San Jacinto, all topping 10,000 feet. Resplendent from the recent snow, the rugged San Gabriels and Tehachapis rise abruptly from the suburban valley floors. Off to the east is the Antelope Valley, where a rainbowed rug of wildflowers will soon be responding to our recent rainfall. I see the reservoirs and aqueducts, engineering marvels equalizing the North-South hydrologic imbalance. Now appear the glistening Sierras, whose vast snowmelts will soon fill our lakes, rivers, irrigation channels, bathtubs and garden hoses. Below now is California's agricultural heartland with its grapes, almonds, cotton, melons, citrus and the general cornucopia of the Central Valley. We pass over Bakersfield, Visalia, Fresno, Stockton and finally Sacramento.  The Sierra skyline is topped by Mt. Whitney, and deeply gouged by the Yosemite Valley. Below is the muddy, meandering Sacramento River, snaking through the orchard and rice fields toward the delta. I land for another compressed week in the Capitol. This land is your land. This land is my land. From California to the New York Island.  Budget crises may come and go, but this land will endure. New District Office Grand Opening Thursday, March 10th 4:00-6:00 p.m. 1400 N. Harbor Blvd., Suite 601, Fullerton  Chris' Question Who is the highest paid employee of the State of California? (Answer in the next newsletter) This Issue Five Questions Monday Majesty New District Office Grand Opening Chris' Question DISTRICT OFFICE 1400 N. Harbor Blvd., Suite 601 Fullerton, CA 92835 714-526-7272, 714-526-7278 fax CAPITOL OFFICE P.O. Box 942849 Sacramento, CA 94249 916-319-2072, 916-319-2172 fax © 2011 Assembly Republican Caucus | Disclaimer

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State Controller: "Defer and Deny" is not a strategy

In a letter to Governor Brown and State party leaders, California State Controller John Chiang spelled out the cash flow problem. 

“Defer and deny” is not a strategy for California’s prosperity. For too many years, intense partisanship and the absence of consensus-building leadership have created completely avoidable crises which have only served to amplify and prolong the pain of the recent global recession. It is not that California lacks the economic fire power or Constitutional flexibility to address its problems – rather, its problems are primarily rooted in political origin. Unless we make the tough decisions necessary to stabilize the State’s fiscal health, I fear that the next four years will be stained by chronic fiscal distress and regret over lost opportunities. Together, let’s find a way to compromise – to get to “yes.”

You can see the chart below and you can down the letter in its entirety HERE.

AB 1198, The first good thing to come from Sacramento in a long time

The first good thing to come from Sacramento in a long time.  That’s the way I describe Assemblyman Norby’s new bill, AB 1198.

AB 1198 would repeal the requirement that the department determine the existing and projected need for housing for each region, as specified, and other specified provisions relating to the assessment or allocation of regional housing need.

In short AB 1198 takes the MANDATE out of housing needs, the fuel of housing authorities and redevelopment agencies.  If enacted, AB 1198 would take the wind out of the sails of these shadow agencies that have been bleeding taxpayers for decades. 

Fullerton recently approved the formation of the Fullerton Housing Authority to address the housing mandate and waste more money upsetting the free-market of land development.

Not to be mistaken, I think more can and should be done to help the homeless in Fullerton, but housing authorities won’t fix that problem. 

AB 1198 will crush much of the reason the Southern California Association of Governments (SCAG) exists. 

I commend Assemblyman Chris Norby on his newly introduced legislation and stand ready to help him move it forward any way I can.

You can track California legislation, including AB 1198 HERE. 

Chevron Guilty of Blackmail?

In the early March edition of the Fullerton Observer, Fullerton resident David Owen claims Chevron has and is blackmailing the City of La Habra.

Mr. Owen takes issue with an AGREEMENT that was voted on at a PUBLIC meeting wherein the public could tell the La Habra City Council members just how they felt about the AGREEMENT.

Specifically the AGREEMENT stipulates the terms of sale of water rights from Chevron to the City of La Habra. One of the terms specifies that the city of La Habra cannot oppose any part or portion of the West Coyote Hills development in Fullerton. Another term specifies that the City of La Habra must provide water to the new subdivision in the event that the new subdivision creates a burden on the City of Fullerton’s water system. I’m paraphrasing but you get the picture.

The terms and conditions of the AGREEMENT are pretty typical considering the magnitude of the transaction. (I keep capitalizing AGREEMENT to emphasize the mutual accord of the parties)

Concerned that the statute had recently changed, I looked up the most current version of California Penal Code 518, the law which Mr. Owen thinks was violated, which defines extortion, the legal term for blackmail.

The law reads, “518. Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.”

There are a number of ways to apply extortion and I can’t find any that fit the alleged crime. In consideration of the lack of evidence that a crime was committed and the fact that the allegations were published, perhaps Chevron will consider some sort of legal action against Mr. Owen for defamation. But for Chevron to do so, the courts might first have to recognize the Fullerton Observer as general circulation news paper, which, according to the Orange County Register and court records, it isn’t.

So, as an emotional outlet, much like this blog, I suppose Owen and the Observer are safe from the wrath and vengeance of giant evil oil companies should they choose to crush us.

The anonymous authors of the other Chevron hit-pieces which were also printed in the Observer do bring up one very real and valid point. Fullerton’s contract legal firm is Jones & Mayer, the same firm contracted by the City of La Habra. They are the same firm who has advised both cities on dealings with Chevron. Richard Jones (NOT TO BE CONFUSED WITH FULLERTON MAYOR RICHARD “DICK” JONES) of Jones & Mayer is also a board member of Cal Domestic, the water company whose shares Chevron has sold to La Habra. That puts Jones & Mayer in a unique position to play match-maker and earn a little extra spending money. Although no wrong-doing by the firm has been uncovered, Jones & Mayer must disclose conflicts of interest in cases like this.

Fullerton Water Rates - Disgust, Distrust, Anger, and Fear

Last night’s Fullerton City Council meeting brought out a number of people concerned that their water rates will be going up.  A few of them stood and spoke before the council and many approached me after the meeting.  They expressed a wide range of emotions and sentiments.

Disgust. Distrust. Anger. Fear.

There was the universal disgust that goes with the realization that Fullerton’s leadership has been absent for decades.  There was the feeling of distrust that comes when someone feels they have been lied to about where the money goes.  Many were angry that this report was not commissioned decades ago.  Then there was fear.  Many are fearful that the few businesses in Fullerton who are heavy water users will soon pack up and head out of state to more business-friendly areas.  Others are fearful that they will have to leave, unable to afford the higher costs.

Those who sat through the 2-1/2 hour meeting observed many things. 

Most notably, at least one councilman had serious trouble staying awake for the meeting.  Death by PowerPoint I believe was the cause.

Mayor Jones repeatedly used Hitler as some sort of misplaced analogy to the gross mismanagement of our water system for nearly a century.  There were several people who were clearly disgusted with his remarks.

Mayor Pro Tem Bankhead, who is a representative for the City on the Orange County Water District Board, bragged that the board hasn’t raised their tax on the City’s pumping efforts in a year even though a few key executives received raises.  OCWD charges Fullerton taxpayers somewhere in the neighborhood of $236 per acre-foot of water that the City pumps. 

The franchise tax was mentioned several times.  I pointed out that the tax should be eliminated completely which would allow the City to NOT raise water rates AND address the urgency of the neglected system.  I did misspeak on one key matter.  Specifically, I said that it would be better for the general fund to take the 10% hit rather than the taxpayers.  Actually, the water utility franchise tax ($2,474,860 FY2011) accounts for about 1% of the total budget ($180,802,880 FY2011), not 10%.  Cutting the franchise tax would increase the water fund from $27,728,430 FY2011 to $30,203,290! 

So, the bottom line is that we have the funds to fix the water system but the City Council will need to adjust the City’s priorities.

Those in land development, engineering, construction or anyone else who rides Fullerton’s roads knows that the City’s priorities are out of order.  City Hall places too much emphasis on housing and transportation boondoggles while ignoring the skeleton and muscle of the City’s infrastructure.  It causes me to question whether or not our City leaders (are there any at City Hall?) have planned for repairing and replacing our roads. 

Those interested in protecting the City’s infrastructure from further neglect while protecting the pockets of taxpayers are urged to attend the Water Rate Study workshops in the coming weeks and months. 

Fullerton Water Rates to Double

This Tuesday night the Fullerton City Council will direct staff on the implementation of a water rate study.  Based on the proposal from the City's consultant, Municipal & Financial Services Group (MFSG), the new rates will be increased by 10% for 5 years then 3.5% for another 5 years amounting to a 191% increase by 2021.  The reason for the tax hike is clear.  MSFG says, "However it should be noted that the planned spending on mainline replacement over the projection period is significantly more than the City has undertaken in the past. At a cost of approximately $190 per linear foot of line the City plans to replace approximately 6 miles of mainline per year at a cost of over 6 million per year.  At this pace it would take the City 400 years to replace the entire system (which consists of approximately 420 miles of pipe)."

MFSG's proposal spells out how exactly we got into this mess in the first place.  Unfortunately, this proposal and the implementation should have been undertaken decades ago.  Oddly, the proposal notes that the City could just ignore the problem (like they have been doing for so many years).

"While the capital investments have a pronounced impact on rates the projects are vitally important to ensure the continued operation of the water system.  The City could keep rates low initially by not maintaining the system but would pay a significant price later as system failures spike due to a lack of system maintenance, which would then result in increased costs and ultimately the need for even higher rate increases. Proactively managing of the water system through maintenance and capital investments allows the City to keep rates stable over time."

~Managing through maintenance and capital investment.~

That is a sentence that has been long missing from Fullerton.  The City council has pushed tax bonds to provide low-income housing and park facilities while ignoring the streets, sewers, and water lines.  And now Fullerton taxpayers must pay the high price of municipal mismanagement. Compounding our financial civic woes is that if the proposed rate hikes were approved, the City would have to borrow heavily through bonds to cover the actual costs of replacing the aging system. 

Join me at City Hall this Tuesday at 6:30PM to tell the Fullerton City Council that higher taxes won't fix decades of mismanagement and waste. 

Click HERE to view the proposal.

Your Favorite Fishing Hole is Threatened - and so are Jobs!

CARF is fighting back and has filed a lawsuit against the State of California

We are calling you to join the California Association for Recreational Fishing (CARF) in protecting freshwater fisherman and outdoor industries from a very serious and looming threat.

Private stocking of California waters account for about half of the freshwater fish caught by some  1.7 million recreational fisherman, contributing $2.4 billion to California's economy - a major source of jobs!

This way of life and the jobs dependent on fresh water fishing are being threatened by a legal case quietly moving through the courts and costly regulations being drafted by the California Department of Fish and Game.  Proposed regulations could cost hatcheries and stocking ponds several thousand of dollars or more a year, putting many family operations that stock your favorite water holes out of business. Or simply stated -  less fish, less fishing and less fishing, fewer jobs!

To learn how you can protect recreational fishing, visit CARF's website at http://r20.rs6.net/tn.jsp?llr=weyj8qeab&et=1104541512597&s=71&e=001uG7d02jtMwuo8HfS_Dr3Faps080J6AWTUV6AKJ7Y0ygfjC5CLh72Gpo9xz8nycPW8eq-HOwwbfdZfxDxG7lzqRfvqbTLx-Fh017QChWhg4rOKmbr7UpQXg==.  The website has been updated to better serve the recreational fishing community with the latest industry news and what CARF is doing to protect a way of life. And most importantly, how you can help.

What You Can Do to Protect Recreational Fishing:

1)    Visit the website's "Take Action" page to protest proposed regulations.

2)    Help finance CARF's lawsuit and cause by becoming a member.

3)    Forward this email to fellow fishing enthusiasts and businesses.    

Only together can we protect freshwater fishing!

Sincerely,

California Association for Recreational Fishing
http://r20.rs6.net/tn.jsp?llr=weyj8qeab&et=1104541512597&s=71&e=001uG7d02jtMwu72L3DQzcXAHBfx-fevA8iGf28TvcwwMEznuvdiVCuWZXAkIWqlRjMJH35Q7JBGY6D2c3oLHanxpYeVzyyXX8xtt4ueywi5scLl5jENs0WYw== | info@savecalfishing.org
Phone 877.898.1315