judgement day

The judge rules against the City of Oxnard.

On May 23, 2018 Superior Court Judge Rocky Baio ruled that  Oxnard‘s “Measure M to be a valid exercise of the will of the citizens of Oxnard as expressed through the initiative process.” ----
Measure M if you remember, rolled back the draconian 87% sewer rate increase, it passed by a 72% vote margin. (see anatomy of a recall)
The judge in his written decision---
“the people reserve to themselves the powers of initiative and referendum.' (Cal. Const., art. IV, § 1.) Accordingly, the initiative power must be  liberally construed to promote the democratic process. (Raven v. Deukmejian, supra, 52 Ca1.3d at p. 341.) Indeed, it is our solemn duty to jealously guard the precious initiative power”---

                                                           the Ventura County court house

The judge in his ruling upheld the rights of a majority vote, Measure M stands. The judge also validated the Oxnard citizens right to use the California initiative process.
Those two decisions clearly illustrates that the Oxnard City Council and staff deliberately set out to deny our civil rights, a blatant violation of their own oath of office.



                                                                   Oxnard city hall

So what’s next? On June 5th  the council went into closed session to weigh their options which bodes no good for the Oxnard taxpayers AKA “the cash cows.”
Although it’s not been ruled as of yet, the city might have to pay back the overage garnered from the rate increase, that has been estimated to be at around 5.5 million dollars. Knowing full well that the city could lose and have to reimburse the rate payers, the city spent the money as fast as it came in instead of putting into a reserve fund until the matter was settled, that of course would have been prudent action to take.
So where is the money to come from should that decision go against the city?
Adding to the city’s woes, during the discovery phase of the lawsuit it was revealed  that the city has been siphoning money from the utility user fees and putting it into the general fund. Those fees, by law (prop 218), are meant to be used for operating, maintained and upgrade expenses. That violation has been going on for over 10 years and amounts to about 7 million a year. Because of the statute of libations only 3 years can be included in the pending lawsuit now in the hands of the courts. The city may have to return 22 million to the utility enterprise funds, that and the rate increase amounts to 27.5 million that could required to be reimbursed, where is that money going to come from?

                                                            Oxnard wastewater plant

Your wallet of course because the city does not have the funds, they spent it as fast as it came in.

The Mayor is now putting out feelers to gauge the reaction to a proposal that would sell the utility enterprises to private interests. An obvious ploy to absolve himself of any reonability for the mess.

"Separating the wheat from the chaff"