Archive | September, 2022

The letters section: I’m going to kick Brandon’s ass

30 Sep

Well, I woke up in the middle of the night with my election letter in my head, so I got up and dashed it off to the Enterprise Record letters department early Wednesday morning. You can read it here, straight from the jackass’ mouth. Er, ah, keyboard. Heee-haw!

Measure H proponents would have us believe that if we would just vote “conservative” this November, we could trust council with an unrestricted tax. Sometimes a “conservative council” does not make very “conservative” decisions.

Last year, our “conservative council” approved $300,000 in American Rescue Plan money for an architect to design “parklets” for Downtown bars and restaurants, hundreds of thousands more promised to build them. $120,000/year to DCBA for the skating rink. But there’s not enough money to fix the streets in our neighborhoods?

The same council just approved a 60% sewer rate increase, after spending millions in grant funding to hook more people up, all the while claiming that Paradise refugees were “overwhelming” our sewer plant. Now they’re talking about hooking the town of Paradise up to the same sewer plant?

The “conservatives” all signed the Shelter Crisis Designation that led to the Warren vs Chico lawsuit, then botched that. They spent $3,000,000 building pallet shelters, we’ll pay another $1,500,000/year to maintain them, but illegal camps persist.

Councils, and all their promises, come and go, leaving us with problems they don’t have to answer for. Measure H is a permanent new tax, and goes to the General Fund. There are no guarantees on a simple measure. Look at the record – last year, $1,200,000 budgeted toward streets, $12,200,000 to the pensions.

We can do better. No on Measure H.

Juanita Sumner, Chico CA

And then this morning I saw Brandon Slater’s letter. Slater, the son and heir of developer Howard Slater, is one of the folks who signed the Arguments For in the ballot pamphlet. That list of names is important – do your research – almost every name on that list is somebody who will benefit directly from city monies, including Measure H revenues, which will go into the General Fund. Slater, for example, has the contract to build the new apartments on the former Jesus Center site. Give me a name, I’ll tell you what they got.

Slater is making the argument that I made fun of in the first paragraph of my letter – he says the liberals and conservatives are in total agreement that the money needs to go to the streets! Well, Pollyanna, don’t we all wish we lived in your Dream Kingdom!

In fact, Slater’s saying that there is no partisanship on council, that this tax measure is a bipartisan effort. Wow, that’s just a lie Brandon. Furthermore, he ignores the poor spending decisions made by the conservative-led council we’ve had since 2020. The council became even more conservative with the departure of liberal lunatic Scott Huber, whose replacement, Dale Bennett, was named by the council conservatives. They named retired police chief O’Brien to Kami Denlay’s seat, a guy with a personal interest in seeing the pensions paid up.

And of course, Slater himself has a direct interest in the perpetuation of the “Homeless Industrial Complex”, into which the city pours millions a year. So does Measure H co-signer Laura Cootsona, who gets a salary to run the Jesus Center operations.

I think my letter is a good response to this guy, but you’ve seen other “yes on H” letters, all using the same points – especially that lame line about the tax not applying to groceries or medicines. Well, if you can wear your groceries, wash yourself with them, clean your house with them, and eat a banana when you have a head-ache or a fever, you may be able to avoid paying this tax. Oh yeah, you’ll have to walk to work – or ride that magic banana. And be sure to pack your lunch – because the tax applies to gas, bicycles, car/bike parts and maintenance, and any prepackaged/prepared food.

Today a friend of mine asked me about other revenues the city collects – let’s talk about that next time, on This Old Lady Kicks Brandon’s Ass.

You don’t have to wait for your local election guide to come in the mail – it’s already available on the county website

28 Sep

Go to this link, and you’ll find all your local candidates, from local councils and boards to the Senate and Assembly races. You’ll see the local measures, including City of Chico Measures H and L. I don’t know when the clerk plans on mailing, but here it is – do your homework before you vote.

Letter to the Editor: City misusing American Rescue Plan funding, contact your district rep and tell them you want some money spent on the street in front of your house

19 Sep

I hope you are enjoying this rain as much as I am. My husband and I spent the weekend cleaning gutters and putting away stuff that can’t get wet, routing out winter clothes and bedding, etc. Get ready, 10 months ago there was flooding on the Sac, freeways were flooded, and there were mudslides in SoCal. It’s absolutely amazing how quickly things turn around in California.

But don’t forget to pay attention to what your government is up to. After I attended that Internal Affairs Committee meeting last week, I felt compelled to write a letter about it. I’ll guess, most Chico taxpayers don’t know about the day meetings, they don’t read the agendas or reports, and 9 months or a year later they are caught completely off-guard by headlines saying the deal has already been done. Or they drive Downtown once or twice a year and notice all these big changes but don’t realize – it was paid for by the taxpayers, not the DCBA or the Chamber. We’re all paying for it out of COVID Emergency Funding that was supposed to be used for the benefit of the entire town, not just a handful of cronies.

And, for those of you who do enjoy shopping in the Downtown business district, there will be fewer parking spaces, smaller sidewalks, and I’ll predict, more drunken behavior than ever. So I thought I better write a letter to the editor about it, maybe it’s not too late to stop this obvious misuse of funding.

At the September 12 Internal Affairs Committee meeting, staff and committee members discussed ending the city’s COVID Emergency status. The city is still operating under a state of emergency, the county ended theirs in April. The city has received over $20,000,000 in American Rescue Plan funding since the state declared the COVID shut down, another $12,200,000 received just last month.

Downtown bar and restaurant owners, already receiving PPP funding, are eager for the city to pour more COVID money into their businesses. Staff reported that many Downtown businesses had been allowed to extend their seating areas into the public right of way. The city paid for the installation of “K-rails” – large cement buttresses used to cordon off parking spaces and sections of city sidewalk for use by bars and restaurants.

Business owners attending the meeting expressed their concern that the temporary “K rails” are “unattractive”. The city manager announced she had awarded $300,000 to a local architect to design and build “parklets” so that businesses could continue to commandeer the public right of way, even after the Emergency declaration has been ended. She reported 42 parking spaces had already been “eliminated” by parklets now in use.

She also commented, “$300,000 does not begin to cover this.” She is asking council to approve the use of hundreds of thousands in American Rescue Plan funding to put parklets at Downtown bars and restaurants.

If you disapprove, now is the time to contact city council, before more money is spent.

Juanita Sumner, Chico CA

Scott Huber tells us to put our money where our mouth is? What is this, WWE?

16 Sep

I saw this recent letter to the Enterprise Record from Scott Huber, who quit Chico City council in disgrace after citizens confronted him for breaking the law by aiding and abetting illegal campers. He had also taken a summer job out of state – over 1,000 miles away in Wyoming – leading a lot of us to question his dedication to his position here. He quit in a huff, insisting he feared for his family’s safety over remarks made on social media, as well as a barrage of emails sent to him at his new employment address.

Hey, if you can’t stand the heat, stay out of the kitchen. I thought his excuses were questionable – just lame, really. For one thing, he’s no angel, he’s a very contentious person. He was very offensive in remarks he made from the dais, and unapologetic about breaking the laws he was hired as council member to uphold. I’m sorry, I didn’t buy his whining excuses then, and I don’t buy them now. He got mad because he wasn’t getting his way, he tried to ditch out on his duties, he got busted and publicly humiliated, so he went dragging his blanket into the corner to sit in his underwear watching cartoons and eating Captain Crunch. Tipper said Al didn’t change out of his bathrobe or shave for two weeks after November 2000.

If he was so fearful for his family’s safety, why did he stay in Chico to continue to dabble in local politics? And I have to wonder – he’s FOR the tax measure, while his friends Karl Ory and the other liberal candidates are posing AGAINST it? What the hell is going on down at Democratic HQ these days? Looks like a lot of posing and posturing to me.

Below, Huber parrots staff, complains that if other cities are doing it, why shouldn’t we, and then insults us all with an ugly charge to “put their money where their mouth is”. Who is he talking to?

“Four years ago Chico City staff identified that it would take $188 million dollars to catch up with long deferred road maintenance and repair costs (Chico Enterprise-Record, February 24, 2018). Over and above that it was estimated that the annual cost of maintaining and improving city streets was running about $7 million to $8 million dollars per year. Ironically, the city’s annual roadway maintenance budget is just $1.2 million.”

Yes, Chris Constantin went before every committee and commission and board of the city and painted a picture of doom and gloom, unless we passed a sales tax measure. That paragraph looks right out of the power point presentation. But read it – “long deferred maintenance...” Who deferred that maintenance? Council, after council, which included people who still sit on council and other local boards, and another guy who just got hired as city manager. And who agreed to put that money into the pension payments? Council, at the direction of Staff. Who agreed to a mere $1.2 million for the roadway budget? Well, that’s not correct, I checked the budget – that’s for all capital improvements, including roads. And Huber approved it, along with the rest of council. What an ass.

The minimum statewide tax rate in California is 7.25%, and cities are allowed an add-on rate of up to 1.00% for local needs such as road repair . In most areas of California, local jurisdictions have added district taxes that increase the tax owed by a seller.

Chico is one of only eight cities in California over 50K people that do not have an add on sales tax.  Of those eight, we have the lowest budget per capita for the general fund.

So he’s saying, that because other jurisdictions have been able to rope their voters into paying higher taxes, we should do same? My mother’s voice echoes in my head: so if your idiot friends all decided to jump off a cliff, you’d do it too? Why should we raise our sales tax based on towns like Oroville, which is still crying poormouth after a successful full-cent tax increase measure?

Unlike Oroville and other local jurisdictions, Chico has a strong retail sector with three major shopping districts, multiple new car dealers, and probably more bars and liquor stores than any town really needs. A Walmart and how many big chain grocery and retail stores – including two major home improvement chains and a local building supplier? Sheesh, CVC towers popping up all over town. All situated centrally among tiny towns with no Walmart, no car dealerships, no nationally known beer manufacturer, no major hospital.

Yes, hospitals include sales tax on many things, like those $50 aspirins they give you, crutches, bandages, splints, the baby supplies that come with your new child, etc. They only things they can’t tax are doctor/nurse services, your room/food service, and your prescriptions, everything else is taxed.

By the way, when the proponents of this measure mention that “visitors” will pay a large share, you should remember, they mean anybody who doesn’t live in Chico, like our friends and relatives in Biggs, Gridley, Paradise. Even folks from towns in Glenn and Tehama County come here to shop, eat at restaurants, enjoy movie theaters, and look for medical care. Is this any way to treat people who support your economy? Like cash cows?

And here’s where Mr. Birdwatcher goes trash mouth:

With these hard realities in mind, the question of putting a sales tax to the voters has been proposed, debated and rejected by various configurations of the City Council repeatedly. Finally, despite opposition that has been both predictable and political, Chico voters have an opportunity to “put their money where their mouth is” and actually do something to make Chico safer. A large bipartisan group of Chico residents and business interests support the small tax and it will not be applied to groceries or medication.

Here’s a person who does not allow anybody to disagree with him. If we question this tax, it’s “predictable and political,” meaning he closes his ears as soon as we open our mouths because he believes he will not like what we say. If he doesn’t like our “politics” he doesn’t have to listen to us. Fascists like Scott Huber do not belong in positions of public trust.

And then it gets contentious. This is the kind of phrase my grandpa always warned me not to use, cause it might lead to teeth hitting the playground. “put your money where your mouth is” are fighting words. It means, put up your fists. It’s offensive to me that this jackass thinks he can call people out like that, after he said he fears for his family’s safety. What a heap of doodoo.

Finally, he makes the promise that he don’t have to keep.

Help make Chico’s roads safer, please join me in supporting Measure H.

One more time – repeat after me – Measure H is a simple majority measure, passed with 50% + 1 additional participating voter. It is a permanent tax with no dedicated purpose. The revenues from this measure will go into the General Fund to be spent at the whim of council, whatever council. You have to look at past spending, and ask yourself, do we want to put more unrestricted money down this rabbit hole?

No, No, No on H.

American Rescue Plan funding being spent on a complete remodel for Downtown Chico, while needed road projects stay on the “wait-and-see” list

14 Sep

Monday (9/12/22) I attended a City of Chico Internal Affairs Committee meeting. The agenda items were discussion of the city’s COVID Emergency Declaration (yes, still in effect), outdoor dining, and Kasey Reynold’s request to discuss “quality of life” under the Warren vs. Chico settlement.

I feel Reynolds is illegally using staff time on that last mention – she is not allowed to use staff time to discuss ballot measures once they have been lettered and placed on the ballot. This is an obvious campaign ploy for both her re-election and Measure H as well. She’s trying to convince us that she’s fighting for us, and can be trusted with that one cent sales tax increase. But I don’t have the money to hire a lawyer and pursue the matter, so I’ll just say, I won’t be supporting Reynolds in November. She’s too willing to bend the law for her own ends.

The more interesting items were the COVID emergency status and outdoor dining conversations. Yes, the city of Chico is still in a state of emergency, and that bugs me because it gives the city manager emergency powers – he can allocate money, hire people at salaries he determines, and many other questionable acts. Just think, Bill Dauterive in charge during the hurricane. Former and disgraced manager Mark Orme hired a new police chief, and created three new positions, at salaries well over $100,000/year, in his position as Emergency Services Director, before he got the boot for being derelict and irresponsible.

So now former city councilor and one time mayor Mark Sorensen has been hired as city manager and given the same Emergency powers. Why are we still under this emergency? Because the city has actually turned it into a windfall of funding. Just last month Chico received another $12.2 million in American Rescue Plan Act funding. The city had already received $22.1 million directly from the ARPA in 2021, plus another $1.7 million of the county’s ARPA funding.

While the budget shows that some of that funding has been used to bring Park Avenue and Mulberry Street up to 1990 Americans with Disabilities Act standards, over $3 million went to the building and establishment of the pallet shelters, which staff has predicted will cost another $1.5 million, minimum, to maintain and operate, ANNUALLY. Other money went to “affordable housing” – almost 1400 units. Unfortunately the housing sales and rental markets continue to be shaky, rent and prices continue to go up. Furthermore, the city has failed to address rising utility rates, recently announcing a 60% increase in city sewer rates. Furthermore, they intend to tie sewer rates to water consumption, which is a grab, plain and simple.

This city is flush with money, the problem here is clearing in the spending.

Which brings me back to the meeting. There was a short discussion of the Emergency Act, really short since members Deepika Tandon and Mike O’Brien did not show up. O’Brien tried to participate by phone, but since he did not advise staff that he would be “virtual,” they had not sent him the agenda or reports. So he sat there making decisions based on what he heard at the meeting – he just went along with Reynolds – Aye aye Captain! There was no explanation for Tandon’s absence, in fact, both staff and Chair Reynolds seems to be surprised and even a little miffed.

Reynolds called for the committee to send a recommendation to end the State of Emergency, noting that Butte County had ended their state of emergency in April. But she was hardly very enthused about it. Her attitude seemed to be, “we’ll see what happens,” when council takes up the matter at their next meeting. I got the general feeling that nobody really wants the emergency to end, including Downtown merchants, especially bar and restaurant owners. They have been enjoying PPP loans, and the city has made them alot of promises out of that American Rescue Plan money.

The city has even stated they will allow the use of outdoor dining space, whether permitted or not, to continue for another 180 days after the end of the emergency. Later in the conversation staff made it clear they intend to make parklets a permanent addition to Downtown despite the end of the emergency. They’re using their emergency powers to make changes that will affect our town and our budget long after people have forgotten COVID.

There’s the other issue. According to staffer Brendan Vieg, the city has been pretty “lax” in the permits process. They have allowed various restaurants, bars and coffee shops around town to establish outdoor dining areas on their own property without permits, which is against the law. They’ve also left it up to the ABC to enforce the liquor serving laws – I know, what a free-for-all – drinks served to people curbside, in keg cups, in their cars. The whole thing was surreal. And, now we find out, it was completely unsupervised.

Those restaurants who established their outdoor dining areas without permits, without health and safety inspections, without fees, will still be allowed to operate those outdoor areas as long as the emergency order persists, and for at least 180 days after. Again – without health and safety inspections. Vieg says the city will rely on people to complain.

Meanwhile, other establishments were encouraged to take over parking spaces directly around their business property. The city has placed really ugly cement buttresses – “k-rails” – along the street to allow space for revelers who don’t want to party inside. Not only are they ugly – in the words of one Downtown business owner, “unattractive and dilapidated…” They look like they’ve been used on freeway construction sites, they’re tagged, beat up, and really bring that look of urban ghetto.

But that’s not the real problem for me – they make it onerous to walk or ride a bike Downtown, totally unsafe. I wouldn’t even take my car Downtown when traffic is busy and people are getting slobbering drunk at these wonderful sidewalk cafes the city has established. It’s just not safe, they only allow about a butt’s width to walk on the sidewalk, if you’ve ever had kids, you know that’s not family friendly. Downtown sidewalks, once subject to No Smoking ordinance, have become “the smoking area” for private businesses. And it doesn’t look like anybody is doing any cleaning.

This seems outrageous to me – to claim that pricey bars and restaurants in one small section of town are deserving of American Rescue Plan money to enhance their private business corridor. The city is pandering for the sales tax these places produce. Without considering how much of the budget goes to the problems they produce – last budget shows over half goes to the cops, and I’d say most of their job is rounding up the bums and the drunks. Two problems that are exacerbated and perpetuated by dumb decisions on the part of one council or another.

Business owners attending the meeting mostly Downtowners, not only wanted to see the emergency extended, but they want the ARPA to be spent on redesigning the cement buttresses, to make them trendy and attractive. And PERMANENT.

In June 2021, the Council allocated $300,000 in one-time American Rescue Plan funds toward the design, construction, and implementation of temporary parklets in the downtown area. The purpose of the project was to replace the existing K-Rail parklets with safe, aesthetically pleasing parklets, and allow for continued use of outdoor dining in an effort to continue to provide a safe dining experience for local residents and visitors.

Yes – the city already allocated $300,000 to Galloway and Associates Architects to design pleasing looking buttresses. Yes, that would be the firm owned by Matt Galloway’s dad, which is why Matt Galloway signed the “Argument For” Measure H, cause he, like the rest of the supporters of Measure H, have direct benefit to gain from it.

What’s a parklet? Here are some images I found online that look like the pictures Macarthy showed at the meeting.

Looks trendy and expensive to me. In fact, according to Ass City Mangler Jennifer Macarthy, “$300,000 does not begin to cover it…” They will be asking for more ARPA money to spend making Downtown into a restaurant zone. That might be nice for those of you who can afford to throw down $200 for family meal, but most of the taxpayers who pay for this stuff don’t even go Downtown. While the elite meet and dine at our expense, we’ll be grinding our teeth and our tires around the rest of a town that hasn’t seen street maintenance for the last 20 years. And according to Macarthy, the general public has already lost 42 parking spaces to this effort to make Downtown more Uptown.

Get ready to lose more parking Downtown – “A maximum of fifty percent (50%) of the number of normally required parking spaces may be occupied or otherwise rendered unusable by the placement of temporary seating and other features associated with the temporary use. Such maximum may be increased or decreased at the discretion of the City’s Public Works Director based on unique site conditions.” A couple of Downtowners commented that there is no comprehensive code for such approvals, it’s completely up to the director to make the call as he chooses.

This is how they spend “emergency” funding, and they tell us we need to pay higher taxes if we want them to maintain our streets?

Well, there’s more, while I’m at it, let me tell you about what I saw at City Hall the last couple of visits I’ve made. You all remember when I ky-yied about the nearly half-million dollar remodel of City Chambers? Paid for with Comcast ratepayer funded grants, that job was originally estimated at about $225,000, but ended up costing almost $400,000 because of just plain incompetence.

That was in 2018. When I visited the City Hall building next door in August of this year, I discovered the building is being remodeled. A staffer told me the third floor, once a public reception area and clerk’s office, is being made over into high-tech conference rooms. Like the huge, fancy ones they put in the old Muni building just a few years ago, at who knows what cost. They really went tits-out with fancy paneling and flooring at the Muni building, they spent a bunch of taxpayer money on that building, which isn’t even used for much of anything. Most of the time that two story building sits empty, but I’ll bet the lights and ac are still running.

So, the city is broke, too broke to maintain the streets, or the sewer, or the parks, but still has enough money to do a complete remodel of Downtown and City Hall. Wow, I don’t know about you, but I feel like I just rolled off a turnip truck.

We’re not turnips, and I won’t be squeezed for more turnip juice. Tune in tomorrow, I would like to tell you about some other stuff I’ve been doing, next time, on This Old Lady Goes to Town.

POSTSCRIPT: Doug Roberts, you sell-out, I hope you are haunted by the hook-handed one for the rest of your lousy beer mopping life.

Don’t let the heat make you stupid – don’t fall for the threats, Vote NO on H

10 Sep

Are you worried that you’re going a little, well, CRAZY? You got that right – it’s Dog Days, and that’s when people and dogs go crazy. Go outside about 5am, there he is, Orion the Hunter, setting out across the sky, followed by his faithful dogs. I believe that’s where dogs go when they die, they follow Orion across the sky. At this time of year, Orion and his dogs are walking in the hot daylight, and you know what heat does to your brains. It makes you stupid and crazy.

Most people like to think they’re intelligent. But your intelligence is subject to many variables – alcohol comes to mind, but there are other factors that aren’t under our control. Like the weather. My two worst times of year are Dog Days and the first days of January, because the weather is bleak, and it ain’t going away. Late summer in NorCal is like this – 105, 106, 109, 112, 112, 112… Once the temps get up that high, it’s hard to get them down. Like your temper, they just keep getting hotter. I do stupid stuff, like online shopping. The other day my husband stopped me just short of ordering a troll doll.

Troll doll, close-up

Justin Taylor / Creative Commons – I had one of these when I was a kid, but my dog ate it.

In January, the cold gets in my bones, and the darkness gets in my mind, like a Stephen King story – I get sad, and I can’t explain it except that it’s cold and dark outside. I do stupid stuff, like make a whole cake and eat it. Frankly, I know it’s inevitable, so I plan for it – this year I’m going to make a chocolate souffle and eat that.

Unfortunately this is an election year, and you know, they’re ugly anyway. Add record heat, unbelievably bad air quality, and wow – what a circus.

Here’s a letter from unsuccessful council candidate and former park commissioner Jeffrey Glatz.

I was present back in 2019 when former City Ass Mangler Chris Constantin went to all the commissions and made his pitch for a sales tax measure. Glatz was in attendance when Constantin spoke to the Park Commission. Of course Constantin wailed on that the city was in dire straights, blamed the Camp Fire Refugees, and claimed a 220,000 post fire population that only turned out to be about 210,000. That Census, by the way, was done in the days immediately following the fire, alot of refugees who were living here temporarily have left, but Constantin used that tragedy to further his ends. Of course, Glatz bought the pitch, swallowed it hook, line and sinker, without ever looking at the city budget. If he had, he would see, the city is flush with funds, including a recent gift of $12.2 million in disaster relief money. He brushes off the CalPERS debt like a guy who doesn’t have the faintest notion what the hell he’s talking about.

This guy is a good example of why the commissions and boards should be eliminated. They are spoils positions, given to those who support the council members who appoint them, oftentimes financially. We don’t even get to elect these people, they’re not qualified for the positions, they’re just tools of staff.

Glatz is simply repeating, regurgitating, what he’s been told. He uses the same argument – the city is desperately poor, and taxpayers will only suffer more attrition if they don’t pass the tax.

Are you sick of the threats? Are you sick of willful subordination? Vote NO on Measure H.

Do your research, write your election letters, and send them here!

7 Sep

I’ve had a couple of people ask me about writing letters to the editor. I see Mike Wolcott has already lowered the boom – it was sometime in August, after which we are only allowed one election related letter. He says he gets overwhelmed with letters – I think he manages the page poorly, whole days printing nothing. But, he’s the boss, and he makes the rules.

Of course it’s perfectly reasonable for an editor to make rules, I just wish Wolcott was more consistent. No personal insults – since when? Claims must have supporting facts – since when? I laughed out loud when I read that the paper will not research anything in depth – isn’t that what journalism is about?

We’ve all watched the letters section descend into a mosh pit. I wish more people would actually follow those rules all the time, and Wolcott would really uphold them.

Here’s a source I wish more people would read and cite – the city budget.

I quoted the budget in my “Argument Against Measure H,” and the proponents came back saying I was using “scare tactics”. Yeah, our budget is scary, give it a read, there are things in there you should know, and can quote in your next letter.

Another good read is the Agendas/Minutes page – City Council is not the only board that affects our lives, and the others aren’t elected, they’re appointed. You should know about these boards and read up on their activities:

I know, I’m just a blogger, and I’ve been accused of spreading misinformation, but I am very serious about getting people to inform themselves, look at different sources, read between the lines. Stay out of gossip and feelings, and state the facts, Ma’am.

And, if you please, send your letter here and I’ll run it. Just cut and paste it into a comment on the “contact us here” page.

“Quality of life” Measure L is a backhanded attempt to stop lawsuits against the city of Chico and relieve them of any responsibility from damages caused by their bum camps

4 Sep

I know I been yak-yakking about taxes, but city of Chico has two measures on the ballot – the sales tax increase Measure H, and “Quality of Life” Measure L. Here’s the link to the clerk’s local measures page:

I’m sorry I didn’t mount a campaign against Measure L, I thought Measure H was more important. But frankly, Measure L is just a pitch for Measure H, and staff time was used to create and market it to the voters. And, ultimately, I believe it is a sneaky, underhanded attempt to get us to us to exempt the city of Chico from the current public nuisance abatement laws by allowing them to be the judge of whether there’s an infraction or not.

Let’s start with the text of Measure L.

TEXT OF MEASURE L: Shall an ordinance which requires the City of Chico be held to abide by the same public nuisance laws it imposes on private landowners by establishing a right for residents uniquely harmed by a public nuisance to demand the abatement of public nuisances by the city on city-owned public property; and requires the city to respond to the demand by abating the alleged nuisance or providing the reason for its refusal, limited to prescribed justifications, be adopted?

The biggest problem I see here is the assertion that the city is not held to the same public nuisance laws as private property owners. We already have a mechanism for holding a landowner responsible, public or private – like Karl Ory and his friends, we can take the city to court when they don’t uphold the laws. And there’s plenty of laws not being upheld around here. Look at this website – according to these definitions, Bidwell Park is not only a public nuisance but a drowning hazard and a toxic waste dump.

One Mile, at which at least one person is found drowned each year, is unfenced and unsupervised. Read for yourself – according to the California muni code, the city is not only responsible for the nuisance but responsible for abating the nuisance. And even levying fines on itself. Interesting what you find out when you do your own research.

And how about the term “uniquely harmed“? In earlier discussions, it was revealed that a citizen has to live within very close proximity to a complaint site, adjacent, next door to it, in order to make a complaint. Meaning, if you live near a camp, and they come around to steal the water from your garden hose, along with anything that ain’t nailed down in your yard, then rummage your car, well, that camp down the street is not for you to complain about, because it’s not right next door to your house.

And then there’s this – “limited to prescribed justifications”. What does that mean? Well, according to Cornell Law School, justification is “A type of defense that exempts the defendant from liability because the defendant’s actions were justified.  In other words, a defendant with a valid justification will not suffer the usual penalty for his actions because in the eyes of the court, the defendant could not have been asked to act any differently in this situation.

Do you think this works the same way when the defendant is the court? Because this ordinance allows the city to determine whether or not the complaint is valid. Or simply, “the city disagrees that a public nuisance exists on the property…” And sit down for this one – “it is not in the best interest of the city to abate the nuisance…” What the hell does that mean? (rhetorical question)

There are so many things wrong with this ordinance, including an attempt to avoid liability, that I’m saying, just vote NO. Below is the “impartial analysis” of the guy who wrote it? That sounds, hmmmm, weird. I’ve highlighted statements that illustrate my points above, but read it for yourself – it’s an expensive campaign tool to convince us they will be accountable with Measure H. Don’t buy it folks, it’s just another bottle of snake oil.

Measure L asks voters to approve an ordinance revising Chapter 1.14 of Title 1
of the City’s Municipal Code (“Ordinance”). The Ordinance would hold the City
of Chico (“City”) to the same public nuisance standards as private property
ownersin the City. The conditions which exist upon private property constituting
a public nuisance under Chapter 1.14 of the City of Chico Municipal Code
(“CMC”) may also qualify as a public nuisance on City owned public property. To
accomplish the goal of increasing quality of life in the City, the Ordinance
provides a process for residents to demand abatement of a public nuisance on
City owned public property. Any resident specially injured by a public nuisance
may submit a demand to the City to abate the alleged public nuisance. Upon
receipt of the demand, the City must analyze the demand and investigate the
conditions in the demand.
The City is required to provide a response to the
resident within 20 business days of receipt of the demand.
The City’s response to the demand will notify the resident that either 1) the City
agrees to abate the public nuisance and to provide a time by which it expects
abatement to be completed, or 2) the City denies the demand to abate the
alleged public nuisance and the reason(s) for denial.
The possible grounds for denial of a resident’s demand include:

  1. The City does not own the property and is therefore not the appropriate
    party to abate a nuisance on the property;
  2. The City disagrees that a public nuisance exists on the property;
  3. The resident has not proven a special injury from the public nuisance;
  4. The City is not legally permitted to abate the nuisance; and/or
  5. It is not in the City’s best interest to abate the public nuisance.

The Ordinance does not include a monetary penalty against the City for denying
a resident demand to abate an alleged public nuisance. It further does not
provide residents an appeal process
if the demand is denied. The Ordinance may
be amended by the City Council upon a two thirds vote of the members
of the
Council, but only to further the purposes of the Ordinance.
A “YES” vote on Measure L is to adopt the Ordinance. A “NO” vote on Measure L
is to not adopt the Ordinance.
The above statement is an impartial analysis of Measure L. If you desire a copy
of the Ordinance or measure, a copy is available from the City Clerk’s office.
s/Vincent Ewing, City of Chico Attorney

Next week staff will appropriate another $100,000 from transportation funds for the bike trail; in other news, I AM NOT suing the city of Chico

1 Sep

Well, I didn’t know if I was allowed to talk about this particular matter, until I saw next week’s council agenda.

Under “closed session agenda” there at the top, Item 2.6:

CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION: Pursuant to Cal. Gov. Code Sec. 54956.9(a): BCSC: Case No. 22CV01954: Chicoans Against Financial Mismanagement – No on Measure H et al v. City of Chico, et al

I don’t know how much I’m allowed to say, I’ll just start at the top. On Monday, August 12, I submitted an “Argument Against” Chico City sales tax increase Measure H to the county clerk’s office, to be published in the Voter Information Pamphlet for the November election. I was there by about 10 am, I wanted to make sure to be the first person to get my argument in. The only other person who could push their argument in over mine at that point would be a member of either Butte County Board of Supervisors or a “bona fide” organization that had filed their incorporation paperwork with either the county or the city.

Frankly, you can call me ‘paranoid,’ I call it ‘experienced’, but I was afraid the proponents would get somebody to try to wedge in a weak argument ahead of me. Silly me. Keep reading.

I got word from the city clerk later that week saying she had received and approved my argument. She added that she would be sending me the proponents’ “Argument For” within a few days so that I could submit a rebuttal if I wanted to. Proponents would have the same chance to rebut my Argument Against.

So, I got that, and I typed up my rebuttal and I had that for the clerk by the following Thursday. I’ll share all that with you when I can.

Then the clerk told me that somebody else was trying to wedge in on me – Karl Ory. Okay, here I’m not sure I’m supposed to be talking about this so read fast cause if somebody calls me on it I’ll have to take down this post. Frankly, I just want to make it clear, NEITHER CHICO TAXPAYERS ASSOCIATION NOR JUANITA SUMNER HAS NOTHING TO DO WITH ANY LAWSUIT AGAINST THE CITY OF CHICO. Not on purpose, anyway.

Ory has set up a group called “no on h et al”. He tried to submit an argument that was not only weak, it was a nasty personal attack on a member of staff and a former member of council. I’ll tell you what’s really funny – it was Ory who proposed a full cent tax back on 2020, before he decided not to run for re-election. I think it’s pretty obvious – he sees the writing on the wall, the liberals are not going to TAKE CITY HALL!, and the conservatives would be left to spend all that ill-gotten gain.

That’s Reason Number 1 to VOTE NO ON MEASURE H – they’re all crazy, they’re all greedy, they fight like a pack of rats, and we can’t hand these people an unrestricted tax.

Reason Number 2 to VOTE NO ON MEASURE H – Tuesday night, your “conservative” council, led by new city manager Mark Sorensen will “appropriate” – which means TAKE IT BECAUSE WE CAN – $100,000 from the transportation fund, to funnel into the new bicycle path between Little Chico Creek and 20th Street Park. See Item 2.1 with report on the agenda referenced above. That’s the “consent agenda,” meaning, they’re not going to discuss before the public unless somebody “pulls it” for discussion.

A lot of people call this “The Bum Trail”. I actually like bike trails, but these days the cost is mostly about the salaries attached (different kind of ‘bum’). There is no itemization for this appropriation, we don’t know if it’s going into asphalt, salaries or the pension deficit. It’s a matter of allocation, and every project much pay it’s share into the Pension Stabilization Trust. We may never know the true cost of that bike trail or the 20th Street bike bridge.

This is how they spend money Downtown – they make a budget, sure, but that is subject to many changes and appropriations and allocations over the course of the year. You have to look at past budgets to see what they actually spent. Is that how you manage your check book?

Measure H is a bad tax, bad bad tax. Giving these people an unrestricted tax is like handing your good luggage to a gorilla.

Yeah, we have to monkey-proof our money too – VOTE NO ON MEASURE H.