City of Fullerton Gets Facts Wrong

My inbox alerted me that the City's latest Focus On Fullerton newsletter published by City Hall had been deposited.

Perusing the topics I found a "A Q&A: "Understanding the City's water fund transfer".  It sounded pretty honest until I got to this part:

Q: I have heard the City’s water franchise fee described as “illegal,” is this true?

Cities are entitled to recover all of their costs for utility services through their water service fees, including costs provided by the General Fund in support of the water utility. The City has determined, however, that it is appropriate to identify and quantify rather than estimate the direct charges that should be assessed to the Water Fund for the use of City-owned property and facilities in support of water system operations. The City engaged an independent rate consultant for this purpose.

As you might expect, I take issue with the answer.

First, the city did NOT determine that it is appropriate to identify and quantify rather than estimate the direct charges that should be assessed to the Water fund.  No, it was the Howard Jarvis Taxpayers Association and California Courts that determined activities similar to those practiced by City Hall were illegal.

Second, it is absurd to think that Municipal & Financial Services, Inc. is an independent consultant.  This is the same firm that conducted the Rate Study last year and who told the Water Rate Study Ad Hoc committee that we shouldn't ask questions about the franchise fee because we''l be "opening a can of worms."  I'm confident that M&FS did exactly what they were hired to do: justify as much of the transfer as they could articulate.

So, while the City chooses to dance around the subject and smooth over the problem with distractions, I'll answer the question... YES, THE FRANCHISE FEE IS ILLEGAL AND IT IS STILL IN PRACTICE IN FULLERTON.

On a "minor" side note, the City also incorrectly tells us that we can only bring up the issue when it is on the City Council Agenda:

Does the public have any say?
Yes, members of the public may speak at Ad Hoc Water Rate Study Committee and City Council meetings when the item is agenized. They may also write letters to the City Council.

This is another piece of bad or erroneous information.  The public may speak to the City Council about anything within the Council's purview, such as water rates, rebates, and franchise fees even if the issue is not on the agenda.  This is what the PUBLIC COMMENTS section of the City Council meeting is reserved for.  You have a legal right to speak before your elected representatives whom serve you.

There are a few other topics in this issue of Focus On Fullerton which I take issue with and will bring up before the City Council tonight.  The meeting starts at 6:30PM with several presentations and proclamations.

Today in History - September 14, 1814

At the Battle of Baltimore Francis Scott Key watched as the United States Army fought off a Brittish invasion by land and sea.  Key, inspired by the defense of Fort McHenry, wrote "The Star-Spangled Banner".

O! say can you see by the dawn’s early light,
What so proudly we hailed at the twilight’s last gleaming,
Whose broad stripes and bright stars through the perilous fight,
O’er the ramparts we watched, were so gallantly streaming?
And the rockets’ red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there;
O! say does that star-spangled banner yet wave,
O’er the land of the free and the home of the brave?

On the shore dimly seen through the mists of the deep,
Where the foe’s haughty host in dread silence reposes,
What is that which the breeze, o’er the towering steep,
As it fitfully blows, half conceals, half discloses?
Now it catches the gleam of the morning’s first beam,
In full glory reflected now shines in the stream:
’Tis the star-spangled banner, O! long may it wave
O’er the land of the free and the home of the brave.

And where is that band who so vauntingly swore
That the havoc of war and the battle’s confusion,
A home and a country, should leave us no more?
Their blood has washed out their foul footsteps’ pollution.
No refuge could save the hireling and slave
From the terror of flight, or the gloom of the grave:
And the star-spangled banner in triumph doth wave,
O’er the land of the free and the home of the brave.

O! thus be it ever, when freemen shall stand
Between their loved home and the war’s desolation.
Blest with vict’ry and peace, may the Heav’n rescued land
Praise the Power that hath made and preserved us a nation!
Then conquer we must, when our cause it is just,
And this be our motto: “In God is our trust;”
And the star-spangled banner in triumph shall wave
O’er the land of the free and the home of the brave!

Free Speech or Trashy Signs

Is the placement and displaying of a political sign on private property protected by the 1st Amendment?  Not if it's in the City of San Juan Capistrano! 

The Orange County Register's Brittany Levine has an article on the issue HERE. 

The question has come up after a real estate developer,  Advanced Real Estate Services, received a notice of violation from the City for signs placed on private property.  The municipal code has restrictions on size and location of the signs but ARES spokesman Stephan Gregg told the Register that "We did receive a notice, but the signs are on private property and we have the constitutional right to free speech."  He explained that ARES is trying to work with the City to resolve the problem.  Though it is not immediately clear just how freedom of speech will be worked out with the municipality.

Political signs are an important part of our freedom of speech.  I cannot imagine a better example of a form of communication than those used on either side of an issue to proclaim a cause and show support one way or the other...so long as they are on private property with the consent of the owner or tenant.

The OC Register article gives some of the contentious background but at the heart of the sign issue is our inalienable right to speak freely through varied media including signs, even large billboards.

For the sake of San Clemente taxpayers, I hope City officials will drop the case and move on to more pressing civic matters.

________________________________________________

From the Orange County Register

ELECTION SIGN RULES
San Juan Capistrano has the following regulations for election signs on private property:
• No sign shall exceed 6 feet in height if free-standing, 6 square feet in area, and shall be located below the roof eaves if building-mounted.
• No sign shall be illuminated, revolve or otherwise function with mechanical parts or devices.
• No sign shall include flags, valances, pennants, lights or other similar attraction devices.
• Signs shall not be supported from any tree, utility pole or other utility installation on private or public property.
• Signs shall be posted no more than 30 days prior to the election date.
• Temporary signs shall be placed no less than 50 feet apart from identical or substantially similar temporary signs, and in no case shall more than one temporary sign per candidate or ballot-issue position be allowed per parcel.
• Signs shall be taken down and removed no later than five days following the election date.
Source: municipal code

Out of Control Gun Control, Part 3

 According to CBSNews.com, the Mexican Attorney General says "full force of law" to be used in ATF gunwalking scandal investigation.

CBSNews.com:

Over the weekend, the Mexican attorney general stated: "The controlled trafficking of weapons is not authorized under the Mexican national legislation. An operation that would contemplate this would not have been acceptable to the Mexican government, and it will never be under any circumstance." The Mexican Attorney General also stated that it's conducting its own investigation to identify "the crimes that could have been carried out on Mexican territory."

You know our country is in bad shape when we need the Attorney General of MEXICO to help us get to the bottom of our own governments' corruption.

I would imagine if there were tons of contraband crossing into the U.S. everyday, our own U.S. Attorney General, Eric Holder, would be equally outraged...but he isn't.

2 Must-See Videos from Bill Hunt!

Atlas PAC Endorses Bill Hunt for OC Sheriff

I just received an email from Bill Hunt.  It looks like Bill has received yet another endorsement with the latest from Atlas PAC.  Below is the text of the email. 

ATLAS PAC ENDORSEMENT

"The endorsement of the Atlas PAC is a strong validation of my belief in strong, principled leadership, fiscal responsibility and limited government. I am honored to have their support"

-Bill Hunt

March 26, 2010


Bill:
As Chairman of the Endorsements Committee of Atlas PAC, I am pleased to inform you that Atlas PAC has endorsed you in your race for Orange County Sheriff. Bill Hunt has expressed and demonstrated dedication to advancing a fiscally conservative, pro-business agenda-minimizing government regulation and taxation, eliminating inappropriate government spending, and allowing the free market to reward initiative and entrepreneurship-and keeping government within its proper Constitutional limits.

Sincerely,
Benjamin P. Pugh
Atlas PAC Director and
Chairman, Endorsements Committee

Atlas brings together professionals and political leaders who believe American's free enterprise system is the greatest pathway to success for all.
http://www.atlaspac.org/default.aspx