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Measure K lawsuit successful in district court, will move on to appeals court (at the taxpayers’ expense…)

14 Sep

Sorry, busy busy – I received GREAT NEWS about the Yuba County Measure K lawsuit, and I forgot to post it. 

The judge ruled in favor of the plaintiffs – 

Accordingly, for all of the forgoing reasons, the Court grants judgment in favor of Plaintiffs on their first and second causes of action seeking to invalidate Measure K because it failed to garner the required two-thirds vote required for enactment of a special tax.

What happens next – later that day I received a note from my  friend Connie – 

“At a BOS meeting yesterday, they voted in CLOSED SESSION to appeal the ruling. That gave the voters and taxpayers no opportunity to voice their concerns etc.”

Yes, the Yuba County supervisors voted to spend MORE TAXPAYER MONEY to fight a court ruling. Like I told my friend Connie, studies show appeals don’t have a very high success rate, only about 17% of these lower court decisions are actually overturned, it seems most appeals are thrown out without hearing due to procedural errors. But the taxpayers will pay for all that – I hope they remember all this at election time. 

The city of Chico will not make the same mistakes Yuba County made. City Asst Mgr Chris Constantin has repeatedly warned city staffers, as well as elected and appointed officials, that the city can’t put any specific purpose on their planned sales tax increase because that would require a 2/3’s vote of the public.  And I think their surveys have shown very clearly that they will be lucky to get 51%. 

Their campaign so far, like CARD’s, has been to point out the failed state of our city infrastructure, the public safety concerns, and our growing population, telling us there’s not enough money to go on from here.

The answers to theses claims are as follows:

  1. our city infrastructure has been neglected while they’ve raised their own salaries and paid their pension deficit with our money
  2. public safety is at an all-time low because the city has declared a “shelter crisis designation” to get in on the gravy train of “the homeless industrial complex” 
  3. our population is growing because the city keeps approving development. And now they’re talking about buying water from Paradise to take the pressure off our ground water supply? Why do they continue to approve subdivisions for which there is no water?  Because if they stopped approving all this new development they’d lose all those developer fees and the resulting new property taxes. 

Our city staff are a bunch of junkies – money junkies. I know public workers – they tend to spend money just like the agencies they work for. The new job requires a bigger, fancier house and lifestyle (watch “Fun With Dick and Jane”, the old version). These people are as over their heads as the economy. They can’t stop making more money, they’re up to their necks in debt. 

So while we raise a glass to the folks who fought Measure K, we better be getting ready to fight our own battle. 

 

California League of Cities: local agencies cut maintenance because “revenue growth from the improved economy has been absorbed by pension costs”

6 Sep

Let’s have a good laugh, cause we probably need one.

I think that clip is a good analogy of the way public agencies spend money.

Seriously, I’ve been mulling over an article from Edward Ring, a financial analyst, co-founder of the California Policy Center. It’s a good read to get you ready for Halloween. See the link at the bottom of this post. 

Okay kids, turn down the lights and let’s sit around in a circle and see who pees their pants first.

In 2018, the League of California Cities released aRetirement System Sustainability Study and Findings.”

Key Findings”:  (1) City pension costs will dramatically increase to unsustainable levels, (2) Rising pension costs will require cities to nearly double the percentage of their general fund dollars they pay to CalPERS, and (3) Cities have few options to address growing pension liabilities.

According to CalPERSPublic Agency Actuarial Valuation Reports,”  over the next six years, participating agencies will need to increase their payments to CalPERS by 87%, from $3.1 billion in the 2017-18 fiscal year to $5.8 billion by the 2024-25 fiscal year.

And that, according to Edward Ring, is a “best case scenario”.   This guy could scare the shit out of Stephen King.

“Bartel Associates used the existing CalPERS’ discount rate and projections for local revenue growth. To the extent CalPERS market return performance and local revenue growth do not achieve those estimates, impacts to local agencies will increase.”

Now remember, the actual authors here are CalPERS and the League of California Cities, Ring is just the storyteller, and I’m just repeating what he says. Here’s what I’ll add – Chico is a member of the LCC, in fact, Mayor Randall Stone has held office in the League. So this story is about Chico.

Ring continues his analysis, “The report from the League of California Cities includes a section entitled “What Cities Can Do Today.” This section merits a read between the lines”

You can go ahead and read his full article yourself, at least he’s got a sense of humor, but I’ll tell you what the league said, as it relates to the city of Chico, as well as Chico Area Recreation District.

1 – “Develop and implement a plan to pay down the city’s Unfunded Actuarial Liability (UAL): Possible methods include shorter amortization periods and pre-payment of cities UAL. This option may only work for cities in a better financial condition.”

Both the city and CARD have already done this. For example, in 2015, CARD ignored a consultant’s report that Shapiro Pool could be saved for about $550,000, instead making a $400,000 side fund payoff to CalPERS.  The city of Chico has also been stepping up their payments, we’ll get to where that comes from in a minute.

2 – “Consider local ballot measures to enhance revenues: Some cities have been successful in passing a measure to increase revenues. Others have been unsuccessful. Given that these are voter approved measures, success varies depending on location.”

The city of Chico and CARD have been hiring consultants to pursue tax measures since 2012. The common factor is former Chico city manager Tom Lando, who has sat on the board at CARD for over 4 years now, and who has also managed the Feather River Park and Rec District in Oroville. Lando is a pensioner, and receives one of the biggest pensions paid out to a city of Chico employee since the death of his predecessor Fred Davis. Of course Lando Man wants CalPERS to be funded.

https://chicotaxpayers.com/2012/01/30/heres-why-lando-wants-to-raise-your-sales-tax/

Lando was the guy who floated an MOU in the early 2000’s to attach city salaries to revenue increases “but not decreases“. Ring discusses such measures.  We’ll discuss that later.

3 – “Create a Pension Rate Stabilization Program (PRSP): Establishing and funding a local Section 115 Trust Fund can help offset unanticipated spikes in employer contributions. Initial funds still must be identified. Again, this is an option that may work for cities that are in a better financial condition.”

Back to #1.  Despite claims that they are in poor financial condition,  both local agencies have established such programs, and have been siphoning money that should have gone into maintenance and capital projects to “step up their payments” into their pensions. That leads to # 4.

4 – “Change service delivery methods and levels of certain public services: Many cities have already consolidated and cut local services during the Great Recession and have not been able to restore those service levels. Often, revenue growth from the improved economy has been absorbed by pension costs. The next round of service cuts will be even harder.”

That’s where I had to stop reading for about a week, I felt like my blood pressure was going to blow my eyeballs out of my head. This is the evidence, I mean, we all knew it. This is where they admit it.  ” revenue growth from the improved economy has been absorbed by pension costs.”  We’ve been lied to – the economy has been improving but the public employees have been stealing all the money for their pensions. And now, as Chico Assistant Manager Chris Constantin has been threatening in his presentations, “The next round of service cuts will be even harder.” You know it and I know it – they’ve been screwing us on purpose. Think Bridgegate.

5. “Use procedures and transparent bargaining to increase employee pension contributions:  Many local agencies and their employee organizations have already entered into such agreements.”

Ring says,   “(reading between the lines) – MAKE BENEFICIARIES PAY MORE. Good idea. The League of California Cities might expand on the feasibility of this recommendation and provide examples of where it actually happened (cases where employees agreed to pay more towards their pension benefits but received an equivalent pay increase do not count)”

Yeah, cases where employees agreed to pay more towards their pension benefits but received an equivalent pay increase do not count.  Ann Willmann of CARD and city of Chico management have all been given raises to more than cover their “extra shares”. And now, only now, “classified” CARD employees (management) pay 8%, and PEPRA (essentially, non-management employees) only pay 5.5% of the total agency contribution of 14%. City employees pay confusing shares, covered below.

The Public Employee Pension Reform Act (PEPRA) supposedly requires all employees pay 50% of agency costs. CARD “classic” staff has agreed to pay 1% more. I don’t know why CARD PEPRA employees are only paying 5..5%, they may still be phasing in.  

City of Chico employees have a totally different set-up, which confirms that the individual boards and employees have a lot more to say about this arrangement than either Chris Constantin or Ann Willmann will admit. 

I asked City Finance Mangler Scott Dowell (formerly with CARD, there’s just so much footsie in local government) what the shares were.  According to Dowell, the city pays different amounts for “miscellaneous” (everybody who is not a cop or  firefighter) employees and “public safety”, as well as “classic” and “PEPRA”.  Pay attention.

While CARD pays 14% total on all employees, City of Chico pays a  total of 21% for miscellaneous classic  and 20% for PEPRA.  For public safety employees (CPOA, IAFF), the city pays 31% for classic, and  33% for PEPRA. The employer/employee split is as follows:

  • miscellaneous employees: classic – employer cost  10.235%,  employee cost 11%;  PEPRA –  employer cost 10.235%   employee cost  9.75%
  • public safety: classic – employer cost 18.843%, employee cost 12%;  PEPRA – employer cost  18.843%, employee cost 15%

Dowell says the figures above include a 3% share of “employer cost” paid by employees. That’s confusing. That would make the “employee share” less than half the total cost. According to PEPRA, shouldn’t they just be paying half? Why say they are paying 3% of the employer’s share, and it only amounts to half? And, management (classic) make big yaya about paying 1% of “employer cost” – but PEPRA pay less than the employer share? What the heck?

Dowell also said that CPSA (public safety) employees pay 6% of “employer cost”. What? He says that is included in the figures above. You see, both classic and PEPRA public safety employees pay less than half.  And that includes 6% of the “employer cost”? What? Look – fire department classic members are paying 12% to the city’s 18.843% (19%). That’s not 50% of total costs. Do they think we don’t know the math?

So that all leads to the POB – pension obligation bond.

 6 – “Issue a pension obligation bond (POB): However, financial experts including the Government Finance Officers Association (GFOA) strongly discourage local agencies from issuing POBs. Moreover, this approach only delays and compounds the inevitable financial impacts.”

Both the city of Chico and CARD have said they will use the proceeds from their proposed tax measures to secure a bond. What kind of bond they have not specified, but I don’t know if they need voter approval to do this. Constantin has suggested issuing bonds for road and street maintenance. Whether or not Contantin is lying, here’s Ring’s analysis:

6 (reading between the lines) – GO INTO DEBT TO PAY OFF DEBT. Pension obligation bonds are at best a dangerous gamble, at worst a deceptive scam. The recommendation itself (above) dismisses itself in the final sentence, where it states “this approach only delays and compounds the inevitable financial impacts.”

Yeah, going into debt to pay off debt. I think the old people called that “robbing Peter to pay Paul.”

Ring makes an interesting observation. “Not everyone wants to blow up the defined benefit system,”  referring to the CalPERS’ model of guaranteed payouts.

“I think defined benefit is a tremendous opportunity. It can be sustainable. It was sustainable. And then they jacked up all the benefits by 50 percent and made it retroactive — basically doubled liability overnight. Now, they’re not sustainable. Make them sustainable again.”

Look back to #2 – that’s where Tom Lando, in the early 2000’s, pushed through a “memo of understanding”, getting a weak and stupid bunch of council members to sign off on attaching salaries to revenue increases “but not decreases”. That guy is the head of a very foul smelling fish.

Ring is a good read, he’s written extensively on this crises, how we got here, and how he thinks we can get out. 

https://search.yahoo.com/search?fr=mcafee&type=E2 LLP11US105G10&p=Edward+Ring+-+how+to+make+CalPERS+sustainable+again

How to Restore Financial Sustainability to Public Pensions

Dave Howell: Do they take us for fools?

29 Aug

I’ve seen some interesting letters to the Enterprise Record lately. A lady wrote the other day saying Chico streets are in such horrible condition she hates driving her car around Chico. I hear that – we just traded our son our F-150 for his tiny Chevy Cavalier. The F-150 sat higher off the ground, I could see the potholes but I didn’t feel them so keenly. The little Chevy feels like a Radio Flyer headed off Dead Man’s Hill, every crack in the road goes right through the seat covers, and sometimes there’s the sound of metal on asphalt as we hit a particularly bad hole. 

And of course, my 1956 Raleigh Superbe has seen her days, those skinny tires tooling along the park and neighborhood streets. I hit a pothole Downtown one day coming home from a meeting – ha ha, I was looking at another pothole instead of watching the street in front of my wheels – and CRASH! My bike basket flipped off the mounts and landed in the street. My feet slid off the pedals, which caught me right across the shins. And my bike seat stuck me one right in the small of my back. God I was so pissed off. 

There’s potholes on my street that look big enough to eat a stroller, complete with attached mom. But if you want to see something that looks like a third world country, head over to the neighborhood bordering the freeway off East Avenue, behind the old McDonalds and the abandoned For Kid’s Only Store. Check out the South Campus neighborhood, imagine out-of-town college parents seeing that for the first time.  

Sure everybody knows Chico streets are a mess – but do they know why? The city is going to tell everybody, in their campaign for a sales tax increase, that the streets are horrible because there aren’t enough revenues. But you know, if you go to meetings and listen to Constantin and Orme, they’ll admit that maintenance has been purposely deferred, while the city has been making, as CARD’s Ann Willmann likes to call them, “aggressive payments” on their pension deficit. 

So it’s good to hear from letter writer Dave Howell, who has it right – it’s the pensions. 

Howell asks, “will the people be fooled?” Well, he seems to be doing his best to prevent that. And thanks for the shout out Dave, I appreciate it.

Hats off to Juanita Sumner for shedding light on CARD’s tax increase measure. CARD has been considering a tax increase for years and has spent over $100,000 of our tax dollars on high priced consulting firms in an effort to get a tax increase measure on the ballot.  One consulting firm they paid openly brags about its ability to help get tax increases passed.  Yet CARD’s attorney claims these consulting firms are merely involved in informational surveys.  Only a fool would believe that.

The fact is that CARD, like the rest of local government, has made unsustainable compensation promises to its employees, especially regarding pensions. These promises are devouring money that should be going for infrastructure.  Like CARD, the City Council has used our tax dollars to hire a high priced consulting firm for a proposed tax increase.  The push for tax increases from our local government is all about unfunded liabilities that are unsustainable.

Without true reform we will face endless rounds of tax increases in a futile effort to fund unsustainable liabilities.  Scores of cities and counties raised taxes in the last several years and not one has solved their unfunded liabilities problem.  All passage of the latest round of proposed tax increases will do is kick the can down the road a couple of election cycles, but our local politicians and bureaucrats will never admit this.

Will the people be fooled?  We will find out next March when CARD’s tax increase will be on the ballot.

Dave Howell, Chico

Pension Tsunami, Part 1: How we got here…

7 Aug

In the late 1990’s, Governor Gray Davis and other union-friendly legislators set up the current pension system, agreeing to “defined benefits”.  Public employees had previously been given a “defined contribution” system. The difference being, with a “defined contribution” system, the employer agrees to pay a certain amount, with a “defined benefit” system, the employer agrees to provide specific benefits, no matter the cost.

About 2006 an “MOU” – memo of understanding – was approved by the sitting Chico City Council, with the recommendation of then-city manager Tom Lando, to “attach salaries to revenue increases but not decreases…”  Read that again – “but not decreases…”

Does that sound right to you?  Think about that – give them raises when we’re flush, but no “adjustments” when we’re bust, just lay people off and cut services. That’s been the pattern in Chico for 15 years now. After Lando floated that turd, his salary went from about $65,000 a year to over $150,000 within a couple of  years. His successor came in at $190,000/year.

Council handed out raises of 14%, 19%, 22%, until that memo was outed to the public and the taxpayers started to howl about it. But too late –  City of Chico salaries had progressed well over $100,000  for management and public safety, and other salaries were not far behind. Council approves automatic raises in the contracts so the salaries just keep going up. Even though former city manager Dave Burkland agreed to take a lesser salary than his predecessor, our current city manager now makes over $200,000/year. Add his benefits package and he is taking almost $300,000.

When the public found out about this scheme the city dumped that revenue-based raises mechanism, but came up with something better – “the employer paid member contribution.” That meant, the city not only paid a share of the employee’s benefits, but paid a portion – in some cases the entire portion – of the employee’s share as well.

This finally ended a couple of years ago, when, under intense criticism, those staffers – public safety and city management – agreed to pay their whole portion. And, hold onto your hats – about a year ago, these people even agreed to pay 3% of the “employer share.” 

Excuse me, my hat didn’t even jitter on that, because that makes the employee’s total share less than 10 percent. Anybody who has been a member of CalPERS for 15 years is a “classic member” and pays only 6%, plus that extra 3% – 9%, for a pension of 70 – 90 percent of their highest year’s salary is absolutely RIDICULOUS.

Meanwhile, the employer share has increased and increased, not to mention, the employer is making altogether separate payments toward the deficit, by way of the newly established “Pension Stabilization Trust.”

So, I imagine you saw this article in the paper recently.

Number of California public retirees in $100K Club skyrockets, but they’re just part of the burden on state pension system

This article gives a good historic overview of how the pension deficit has grown. I call it “rabbit math” – first they based the contributions on the employees’ salaries, and then they jacked up employee salaries.

I wonder how many other cities in California used Tom Lando’s ploy of attaching salaries to city revenue increases and then going on a development binge. When overdevelopment finally tanked the local market a few years later and revenues plunged, the salaries, benefits, and automatic raises, stayed in place. Salaries got higher no matter how revenues dipped for Chico. And the pensions and city contributions are based on the salaries. 

Getting dizzy yet? Maybe a little pissed off? Well this is where we’ll close and pick it up again tomorrow. 

 

Assistant city manager takes his tax “offering” to the commissions – these unelected boards have too much influence on city policy

3 Aug

I just heard bad news – the Chico Planning Commission has rejected Payless Building Supply owner Frank Solinsky’s appeal of Simplicity Village. SV is a “tiny home community” for transients, “senior citizens”, that is to be placed  adjacent to the PBS yard. Solinsky is partly concerned for his own interest – rampant thefts by transients to build their shanties at neighboring camps has always been a problemfor PBS.

As landlords my husband and I depend on PBS to keep our rentals affordable. We’ve long-realized that Salinsky’s problems are our problems, because the cost of enhanced security is passed along to the consumer. But my biggest concern is that Solinsky, given this latest turn, might just decide to throw in the towel and sell the property. That would leave my husband and I paying a lot higher prices at the box stores, and that pressure would matter-of-factly be passed along to our tenants. I’m not Mother Theresa,  neither is my mortgage lender, nor is the Butte County Tax Collector.

I don’t know what happens now. But I think it’s time to have a long overdue conversation about the amount of influence these unelected boards, commissions, task forces and ad hoc committees have on local public policy.

Look at the city of Chico agendas page here:

http://www.chico.ca.us/government/minutes_agendas.asp

There are 20 listings. Some are “interagency”, meaning they have representatives from all the local agencies, including the county, CARD and the school district. Some of these people are elected, some are agency employees, but many are appointed. The city boards, commissions, and the task force are  made up entirely of members of the public who’ve been appointed one way or another.

Don’t ask me to explain the appointments process, it’s all over the place. Each new city council decides how they are going to make appointments, and I’ve lost track of how they are doing it now. Some commissions have requirements for the make up of the group. The rules might specify that at least some of the members have certain qualifications, such as professional expertise.  It’s gotten complicated since the days when each council member got to appoint a member, for nothing more than campaign donations.  All I know for sure is they are not elected by the voters.

I don’t think the Planning Commission should exist – it’s always been way too political. We have a planning department, made up of professional planners, we pay them a good chunk of money, why we need a bunch of political sycophants sticking their foot in the process is beyond me. We have public hearings at the council level, but it’s a fact – the commissions have more sway with the council than the public. And, these commissions require dedicated staffers, more $$$$$. The airport manager position is really just a glorified secretary to the airport commission, and she’s not even very good at that.

Right now Assistant City Manager Chris Constantin is using the influence the commissions have to rubberstamp his sales-tax-to-secure bonds scheme. He’s been reporting to each commission in turn, leading them to believe the money would benefit their particular interests.

Monday I attended the Park Commission monthly meeting. You just have to go to one of these commission meetings to believe it. The lack of professionalism is astounding. These commissioners are appointed, not elected, but they act as though they’ve been given the keys to the town.

Here’s something I’ve seen at just about every meeting I’ve attended over the last 15 or so years – council, committee, commission – there’s always somebody who doesn’t read the staff reports. Oftentimes, several of them. At the BPPC meeting the other night one commissioner asked questions that were answered directly in the reports, and I could tell Constantin was  getting kind of testy when he told her that. These people add hours to meetings, and that means $taff Time (=$$$,$$$.00)

In Constantin’s case it’s over $100/hour to sit in a room waiting through other agenda items, including the time it takes each commissioner in turn to make the same stupid observations. They seem to think every thought skittering across their brain like a jack rabbit in the headlights is SO IMPORTANT! Even if it’s completely off topic. At that same meeting I had to sit there while they thanked staff, each commissioner in turn, and told them what a FABULOUS! job they do. They thanked Constantin twice. That’s all nice and stuff, but even Constantin seems to get sick of it.

Nevertheless, he takes full advantage of their helplessness, leading them the way he wants. It was amazing to watch. One minute he’s convincing them they should recommend forgiveness of the $169,000 Nature Center loan balance, and by the end of the meeting he’s telling them if the city doesn’t pass a sales tax increase measure we’ll be laying off cops and fire by 2021.

This guy also negotiated himself a special type of retirement account available only to public workers, a 457 plan, IN ADDITION to his CalPERS pension. City Manager Mark Orme gets the same plan.

“Effective from the first pay period in January 2017 considered in calculating the maximum IRC 457 plan limit and annually, City agrees to contribute nine thousand dollars ($9,000) , to Employee’s IRC 457 plan. Additionally, effective October 5, 2017 the City agrees to contribute four and fifty-two hundredths percent (4.52%) of base salary to Employee’s IRC 45 plan.”

These guys have a vested interest in this tax proposal, they’re determined that we will pay their outrageous pensions. They need to go, in fact, every “classic” employee needs to go. We need young people who are willing to pay at least 50 percent. Which sucks, because they will just be paying for the old farts to live in luxury.

 

 

 

 

Will the taxpayers be left holding the Pension Deficit Bag?

31 Jul

Have you been “left holding the bag“?  This expression is generally used to describe a situation wherein a person or persons create a problem and then leave others to deal with it.  According to Grammar Girl,  there are different shades of meaning – “this idiom grew out of an earlier expression from about 1600: to give one the bag. That expression referred to someone being left with an empty bag after everyone else removed the good stuff.”

We all know what it’s like to be left holding the bag – empty or full – but I wonder, how do you all feel about the bag being handed to your children? This is what City of Chico staff are trying to do – hand their pension deficit bag to our kids.

The other night I took in a Chico Parks and Playgrounds Commission meeting to hear a pitch for a sales-tax-to-secure-bonds scheme that Ass City Mangler Chris Constantin has been pitching for months. Constantin describes a trick by which he can use the additional sales tax revenue to secure bonded debt. What it amounts to is trying to convince us that it won’t be that painful to pay this tax, because it will be stretched out over years. But when I looked into this scheme I found, that means our kids and their kids will be paying this debt, and it’s very unlikely they will see any benefit.  The bag we will be leaving for our children will be full of debt, crapped out infrastructure, and public salaries and benefits still spiraling out of control.

From the Tax Policy Center –

“State and local governments issue bonds to pay for large, expensive, and long-lived capital projects, such as roads, bridges, airports, schools, hospitals, water treatment facilities, power plants, courthouses, and other public buildings. Although states and localities can and sometimes do pay for capital investments with current revenues, borrowing allows them to spread the costs across multiple generations. Future project users bear some of the cost through higher taxes or tolls, fares, and other charges that help service the debts.”

At a meeting I attended earlier this year, Mark Orme admitted that the city had “kicked the can down the road” on street maintenance for many years, instead paying millions toward their pensions. This included payments toward the actual deficit, instituting a “Pension Stabilization Trust” that siphons money from every fund, even funds “dedicated” to capital maintenance. Through the PST, staff has tricked us into believing we only pay a certain “employer share” of the pensions, in reality, we pay most of their pension cost. This has created what I’m going  to call “the Pension Deficit Bag“.

If we  don’t get a handle on the public employee compensation now, we are handing our kids a disaster. This is the dilemma – the public employees want crazy salaries of as much as 4 and 5 times the median income, AND they want 70 – 90% of those outrageously inflated salaries in retirement,  BUT they don’t want to pay for it.  Years ago CalPERS promised they would make up the difference with investments in the stock market – but their investment strategies, including a bribery scandal, have only deepened the divide.  Now they want the taxpayers to take the bag. In fact, Constantin is trying to convince us that it’s okay to let our kids pay for his ridiculous lifestyle demands.

With groups like Pension Tracker shining a light on this grab, CalPERS and the unions have agreed that “new hires” (our kids) be asked to pay 50%. But top heavy management employees, “classic employees“, are only paying 11%. That is not sustainable. Sounds like a classic Ponzi scheme to me!

“Future project users bear some of the cost through higher taxes or tolls, fares, and other charges that help service the debts.”  But will they receive any benefits? That’s uncertain, in fact, I’d say it’s not going to happen. According to Constantin, we need hundreds of millions to bring existing streets up to safe standards, but the sales tax increase will only bring in a couple million a year. He explains enthusiastically that’s why we will use those proceeds to borrow money (bonds). That sounds nuts to me.

At that Finance Committee meeting earlier this year, Constantin also warned us that the economy is about to tank. If you’ve been paying attention over the last 35 years, as I have, you’ve seen that pattern of boom and bust.  Chico just enjoyed a giant BOOM, despite the poormouth complaining about the Camp Fire refugees. Contrary to the city’s claims, those refugees not only caused a short term blip in the price of housing, meaning MORE PROPERTY TAXES, but those who have remained are still providing a boost to our local sales tax revenues. This will dry up as the retail sector in Paradise recovers, and people start moving back to the Camp Fire burn area. The resulting correction will be tough times for Chico.

Constantin admitted there is such a downturn on the horizon, telling the Finance Committee that his scheme will “shore us up“. What? Who would borrow money in the  face of economic downturn?  The bonds he’s proposing have to be paid no matter what happens in the economy – just like Constantin’s “defined benefits“.

Throwing a sales tax increase onto people who are already experiencing uncertainty is another nail in our coffin. Studies suggest that when people find out there’s a sales tax increase on the agenda, they start hoarding, buying the bigger ticket items ahead of the sales tax increase. This of course creates a bubble. The same studies show that people develop different shopping habits, such as buying online.

Here’s my anecdote – when Tom Lando first suggested a sales tax increase in 2012, I started shopping out of town and online. Of course these purchases are still taxed, but here’s the message – local businesses lost my money, and they won’t get it back. Local businesses need to realize what they stand to lose. It’s not the box stores that are stealing your business, it’s the sales tax rhetoric coming out of the city of Chico.

 

 

 

 

Excessive taxation ruins the economy – time to act to reverse this trend

26 Jul

I saw Patrick Newman’s letter calling (jokingly I assume) for a limit on letters about President Trump. I had to laugh –  there have been letter writers, and probably requests made to the editor, to limit Newman’s letters. People have contacted the editors of both the ER and the N&R asking them to stop printing my letters. Some people only want to hear stuff they agree with, that’s nothing new. 

I have to agree with Newman’s assertion that people need to pay more attention to what’s going on locally. Not that federal matters are not important, but I feel a person can have more effect locally. And, as citizens become more powerful in local affairs, those localities become more powerful and have a bigger effect statewide, and eventually nationwide. 

I think excessive taxation is becoming a huge problem in Butte County, and the state of California, I wish more people would wake up and act. In the city of Sacramento, taxpayer groups who supported their sales tax Measure H quickly realized the funds weren’t being used as promised – too late, they’ve already approved the tax, and Mayor Darrell Steinberg has proposed even more taxes as a result. 

I think the root of excessive taxation is incompetent, insubordinate public employees who have fostered a negative and hostile environment for the rest of us. Their salaries and perks not only raise our taxes, but the salary imbalance makes a normal middle class lifestyle unaffordable for the rest of us.  These public salaries raise the price of everything from housing to groceries to healthcare. How can the family living on $43,000/year compete with public employees making in excess of $100,000/year? Especially when we are on the hook for their outrageous healthcare and pension packages.

Here’s an irony – most of us get by with catastrophic care, with huge co-pays, packages that won’t get us into a lot of hospitals. Hospitals and doctors can actually refuse our insurance.  Meanwhile we fund “defined benefit” health packages for public employees that guarantee them the best of care at top hospitals. 

What’s your retirement plan? Die? Well, as long as you live, you’ll be paying pensions of 70 -90% of $100,000+ public salaries. Our city manager, in his 50’s, is already making over $220,000 a year – do the math – if he retired tomorrow we’d be paying him $154,000/year, plus cost-of-living-adjustments, for the rest of his life. Unfortunately I’m afraid he has quite a few more years of self-service left in him, especially since he has what amounts to automatic annual pay raises based on a percentage of his salary. 

Currently more than 100 city employees receive salaries of $100 – 225,000/year. Another 25 make $90 – 99,000/year. These folks pay less than 10% of their pension cost, they want us to pay the rest in the form of a 1 cent sales tax increase. They say the money will be dedicated toward streets and safety, but even if they are sincere here, that just loosens up other money to be transferred into the Pension Stabilization Trust. And who can believe what they say when they promised to fix the streets with the trash tax but have instead transferred it into the General Fund? 

So we have a sales tax increase measure from the city of Chico and a parcel tax coming from the Chico Area Recreation District. Two regressive taxes aimed at the same population, neither agency having any concern for the economy.

Newman is right – get involved locally. There are a lot of meetings, scheduled at different times, at which you can not only learn more about how these agencies operate, but you can get into the conversation. Check out the schedules and agendas at these links:

http://www.chico.ca.us/government/minutes_agendas.asp

https://www.chicorec.com/board-meetings

 

Chico Area Recreation District lawyer tells the board what $taff wants them to hear – don’t buy it

24 Jul

I don’t know how many of you read the Chico Enterprise Record, but I only recently  found out – in a town of over 85,000 the ER has a circulation of less than 10,000.  Wow, that was a shock – especially since that would include readers all over Butte, Glenn, and other nearby counties. I grew up reading the ER out in Glenn County, most people had a subscription to both the Sacramento Bee and the ER.  As Chico’s population has almost tripled since my childhood, you’d think the ER would have at least 50,000 subscribers. 

10,000? And that includes people who only subscribe to the Sunday paper.  But, it’s the local daily, so I continue to read it, and send letters to the editor.  It’s better than nothing, and I mean that quite literally.

So yes, I saw the article ER shill Laura Urseny wrote about  a letter I had written to the CARD board. I told them I believe they are spending taxpayer money illegally to promote a tax measure.   District General Manager Ann Willmann had put my letter on the July 18 agenda for discussion, and also asked the district lawyer, Jeff Carter, for his opinion. That’s all a lawyer can give you, his opinion. 

Urseny reported, as I would expect, “Thursday night, CARD attorney Jeff Carter said outside the board meeting that CARD has not violated rules in dealing with EMC because it was a survey of the community and nothing more. The survey did question whether citizens would support any kind of revenue measure.”

Of course Carter says they haven’t done anything illegal – for one thing, they haven’t, yet. That’s correct – after I wrote the letter I finally received a response from Howard Jarvis Association counsel Tim Bittle, who said, “Unfortunately, it is not illegal.  Government Code section 54964 provides, ‘An officer, employee, or consultant of a local agency may not expend or authorize the expenditure of any of the funds of the local agency to support or oppose the approval or rejection of a ballot measure.’ “

He explained, ” Notice two things about that statute. First, it contemplates that the local agency may lawfully hire a ‘consultant.’ Second, the statute cannot be violated before the existence of ‘a ballot measure.’”

Apparently, they can’t violate the law until they have actually written and handed the measure over to the county clerk. But, as soon as that measure is given approval and a ballot title, the district is not allowed to spend any more money on it.

Well, what’s “legal” isn’t always “right”, and I still think this is an important detail when considering passage of a revenue measure. The district couldn’t get support from the citizens, who would have had to put it on the ballot by way of petition, which would have meant there was some support in the community. But that’s not what happened. So CARD has spent over a hundred thousand in taxpayer money putting this measure on the ballot themselves, that is a fact.

They’ve hired consultant after consultant – EMC has been hired twice. The district originally tried to get Aqua Jets swim team to front this measure – for a new “aquatic center.” Then they got a group called Every Body Healthy Body to propose a “megacility” sports center south of town. But a recent survey done by EMC blew up in their faces. It seems the 400 respondents were more concerned about transients camping on their kids’ soccer fields and stealing their wallets, laptops and cell phones from the dugout at ball games. 

According to a report from Ch 7 news,

https://www.actionnewsnow.com/content/news/CARD-survey-shows-park-safety-a-top-concern–510232051.html

Rather than new facilities, the majority of people said they just want to feel safe.”

Here’s an interesting quote from that story, because this is what I have seen for over two years now –  “CARD is working on what to put into a possible tax measure.”  They are ready to promise us anything to get us to raise our own taxes.

This is exactly what EMC has been hired to do by  both CARD and the city of Chico – figure out what to tell people to get them to increase their own taxes. EMC blatantly claims to “offer a full suite of political research and predictive analytics to help your candidates, organizations and ballot measures succeed.” 

Their questions lead the respondents to think the sky is the limit if they pass a tax on themselves.  Tom Lando’s 2012 survey offered a sports stadium, CARD has offered various sports facilities – what they don’t tell us publicly is they are getting deeper into pension deficit because employees aren’t paying nearly enough to support their own demands for these unsustainable pensions. 

You have to read the budgets to see that CARD employees are paying less than 10% for pensions of 70% of their highest year’s salary. General Manager Ann Willman makes roughly $110,000 a year, paying less than $10,000 to  receive a $70,000/year pension for the rest of her life. That is unsustainable unless you get a gullible, lazy and poorly educated public to agree to pay for it. 

In my letter below I said Willmann pays less than $2,000, because that’s what she’s been paying, as a “classic member” of CalPERS. Reading her latest budget message, I see she’s been asked to pay 6% by next year, eventually 7%. Let me be  the first to say, “Big Fucking Whoopee Mrs. Potato Head.” 

These people are like chiggers – they attach themselves to taxpayers, and then they suck you dry, providing you no benefit whatsoever.  

I am not going to let them lie their way to the bank this time, so I wrote the following letter and sent it to the ER yesterday. Let them know how you feel about this grab – maybe you can convince  them to stop spending money on this endeavor, and start using those funds for proper upkeep of facilities we’ve entrusted to them. 

I beg to differ with Chico Area Recreation District attorney Jeff Carter. CARD’s consultant is up to more than a simple survey.  Read EMC’s claims at their website – “Great campaigns don’t just happen. That’s why we offer a full suite of political research and predictive analytics to help your candidates, organizations and ballot measures succeed.”

CARD has spent over $100,000 on consultants to help them push a tax measure, money that would have been better spent maintaining now closed Shapiro Pool.

In 2017, a survey concluded there was not enough support for the proposed aquatic center to go forward with a tax measure. The most recent survey showed the majority of the 400 respondents are more concerned with safety and lack of maintenance at the facilities CARD already operates.

In 2015 a consultant hired by CARD told them they could bring long-neglected Shapiro Pool back up to code with about $500,000 in repairs. For instance, the filter pump had not been working for years, and the diving board had  been torn out, leaving obvious trip hazards. Instead of doing the necessary repairs to keep the popular facility open, CARD made a $400,000 “side fund” payment toward their pension deficit.

CARD gets over $3,000,000 in property and vehicle taxes, another $2,000,000 in RDA funding. They spend $5,700,000 on salaries, benefits and pensions. Management pays less than 10% toward their own pensions, the manager paying less than $2,000 a year toward 70% of her $100,000+ salary in retirement.

 Join Chico Taxpayers in saying NO to self-service, greed and mismanagement.

Why let a lie stand just because the liar keeps repeating it?

9 Jul

Joseph Goebbels – “ If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.”

Well, here it is, July, and looks just like the average Chico Summer. As soon as school gets out, the college students “go home,” the school employees take their kids on vacation, and this town looks pretty dead.

Even with those 19,000 extra residents!  What the heck has happened to all the Camp Fire evacuees? Remember last November? Traffic backed up, lines out the door at local grocery stores, laundromats overwhelmed. Now what? 

The city of Chico and local media still claim 19,000 evacuees have settled in Chico. That is a total crock of you-know-what. Look around you NOW folks, where the hell are they? 

So, when I read another false claim in the Chico News and Review, I had to say something. They’ve made all these claims, and all they have to base it on is a press release from the state. The State Department of Finance made ESTIMATES – look that word up, would you? They based these estimates, not on the number of displaced Camp Fire refugees,  but on “changes to the housing stock”. The press release cited “new  construction, demolitions, housing unit conversions, and annexations.”   Apparently, if you build it, demolish it, convert it, or annex it, they assume more people have moved to your town.  They don’t have census data, they just ASSUME. 

On this “science”, the city of Chico, with the help of a lazy local media, bases their claims that they need more tax money to deal with crapped out streets and a serious public safety crisis. 

The real problem with our streets, as Mark Orme admitted at a Finance Committee meeting earlier this year, is that $taff has “kicked the can down the road” on maintenance of our streets.  And, the biggest public safety problem are transients, who camp illegally in our public spaces, and then fan out into town during the day to illegally panhandle, shoplift, and predate our neighborhoods while we’re at work all day.

Many of these people are brought here by way of Butte County Behavioral Health Department “transfers” from other cities and counties all over California.  Behavioral Health Director Dorian Kittrell told me the county gets $550 a day for each of these people, who are put on a 45 day involuntary hold at the county psychiatric hospital, and then turned out on their own recognizance in Oroville and Chico. 

I’m sick of the made-up numbers the city is using as an excuse to raise taxes, so when Melissa Daugherty over at the News and Review repeated the city’s fake numbers and opined we might need a revenue measure,  I had to write her a letter.

Wake up – real numbers don’t end “000”. 

Chico Police Chief claims Chico has grown by “19,000” since the Camp Fire, the editor uses the figure “almost 20,000”, but still no real numbers.

In April city manager Mark Orme was using his “10 – 15,000″ number, based on ” nonregistration, couch-living, trailers parked on streets”.  But to date, there is still no actual count, only “estimates”.

According to the state press release, these numbers are based not on actual population  but on new construction.  “Changes to the housing stock are used in the preparation of the annual city population estimates.  Estimated occupancy of housing units and the number of persons per household further determine population levels. Changes in city housing stock result from new  construction, demolitions, housing unit conversions, and annexations.”  Everything’s “estimated”. Then they even “adjust” the numbers “to be consistent with independently produced county estimates.”

I don’t support the recall either, but I’m tired of hearing the city and the media make claims based on fake numbers. Our town is a mess right now because people are not doing their jobs, but expecting to be paid into perpetuity.

Read more at chicotaxpayers.com

I originally sent this letter June 28. I used a figure I’d heard police chief O’Brien use on the Ch 7 news – he said “16,000,” whether it was a mistake on his part or not. Daugherty, who is very argumentative, thin skinned, and unable to take the slightest hint of criticism, immediately came back at me saying the chief had told council “19,000”. I told her I disagreed, but since I couldn’t find a clip of the story I’d seen, I edited the figure to please her and sent it back. She neither responded nor printed my letter. 

So I just resent it yesterday. We’ll see if Little Miss Thin Skin will remember she’s a “journalist” and print it.  

Those letters don’t write themselves

5 Jul

Reno celebrates the 4th

I’m on the road for the holiday. Spent the 4th in Reno where the casinos do rooftop displays and the university does a big show at their stadium.

Nevada’s nice, gas is cheaper ($3.19/gal), but there’s no place like home. California is where I was born and I don’t believe in running from a fight.

Do you realize,  former Chico city manager Tom Lando has been trying to get a tax measure on the ballot since 2012? Why? Because he gets over $135,000/year in pension, and if CalPERS fails he loses it. He knows CalPERS is in deep financial trouble, so he has been trying to get a tax transfusion. He has not only lobbied the city to put a full cent tax measure on the ballot, but as a board member of Chico Area Recreation District  (CARD) he’s trying to talk the other board members into a parcel tax measure.

Both measures would be general measures that only require 51% voter approval,  meaning they would go into the general fund to be used for salaries,  benefits,  and the “pension stabilization trust. “

I know, you hear the city saying they will fix the streets and hire more cops, but that’s a lie. Not only did the city establish a “pension stabilization trust” and commit over a million dollars a year to it, but top management now recieve a special 401K in addition to having 90% of their pension paid by the taxpayers. Read their contracts,  available at the city website (Human Resources page).

CARD tried to use a new “aquatic center” as bait originally,  but after their recent consultant survey,  they promise cleaner parks and more security.  See how they change their tune, say whatever the voters want to hear? Well look at their budget, available on their website,  and see how much money they siphon into their pensions while they tell us they didn’t have enough money to maintain Shapiro Pool. They ignored a local contractor’s report and instead of doing much needed maintenance to save the pool they dumped $400,000 into their pension deficit fund. According to the contractor’s report,  they could have saved Shapiro Pool for about $500,000. And he made it clear the problems were due to years of neglecting simple maintenance.

Good lesson in civics for your kids, eh?

So now’s the time to write letters to council  and the CARD board, tell them they will have to get that money out of $taffers like city manager Mark Orme, who makes almost $300,000 a year in total compensation but pays less than $20,000 toward 70% of his $225,000 salary at age 55.

Speak now, or forever hold your hands over the seat of your pants.