By: Libi Uremovic, September 8, 2014 | Original Article at Patch.com
Once Again The City of Beaumont Makes Up The Rules As They Go Along.
[notice]Download 4 Season’s Ballot and Flyer in PDF[/notice]
For the first time in 20 years the City of Beaumont is allowing Property Owners to vote on attaching liens on their homes to obtain additional Mello Roos bond debt, but the entire process is flawed and illegal.
Background: The property owners of Four Seasons Area 7 approached the City requesting that the City stop charging them the 2% yearly increase in Mello Roos Taxes. State law limits government agencies’ administration fees to 2%, but the agencies do not have to raise the rates or charge any additional fees at all.
Results: The City tells the property owners of Four Seasons that if they vote to attach another $25 Million bond to their property and increase their bond debt payments another 10 years then the City will stop charging them a 2% yearly increase.
California Election Code 18521. A person shall not directly or through any other person receive, agree, or contract for, before, during or after an election, any money, gift, loan, OR OTHER VALUABLE CONSIDERATION, office, place, or employment for himself or any other person because he or any other person: (a) Voted, agreed to vote, refrained from voting, or agreed to refrain from voting for any particular person or measure.
Every property owner in Four Seasons Area 7 received two documents in the mail: a pamphlet outlining the backroom deal, but never referencing the additional $25 Million Bond; and the ‘Official Ballot’ which outlines the $25 Million Bond, but never references the backroom deal.
California Election Code 13002.Ballot paper and ballot cards used by a jurisdiction holding an election pursuant to the laws of California shall be tinted and watermarked or overprinted with a design, to be furnished by the Secretary of State, so that the watermark or overprint is plainly discernible.
The Ballots sent to Four Seasons property owners have no markings indicating it has been authorized by the Secretary of State.
The Ballot information list four steps:
1)Generate a Tax to pay for the city-wide projects listed March 18 2014 Beaumont City Council Meeting Agenda Item 7.a.10 Exhibit B which is the same wording on page 39 (EMMA 43/288) of the 2005 Series B bond that Four Seasons property owners are currently paying for.
2)Acquire a Bond up to $25 Million.
3)Regardless of the amount needed to pay off the bond; the City plans to collect an additional $4 Million yearly from the Four Seasons property owners.
4)Authorize a Special Tax to collect $4 Million by charging the maximum rate.
To collect $4 Million the City would have to charge each of the 532 property owners an additional $7,520 on top of the Mello Roos taxes they are currently paying.
Mello Roos laws directs the agencies to charge property owners the amount of taxes needed to pay the yearly premium and interest rates. According to the Riverside County Tax Assessor in 2013 the City of Beaumont submitted over $31 Million in Mello Roos property taxes to pay for $15 Million in interest and premium payments. This gives the City a $15 Million ‘Administration Fee’.
The ‘Special Tax Assessor’ that submits the taxes to the County is City Manager Alan Kapanicas.
Alan Kapanicas also designated himself ‘Election Official’, but State Law dictates that election officials are county officers:
Cali elections code 18546.
(a) “Elections official” means the county elections official, registrar of voters, or city clerk.
Alan Kapanicas also lists himself as Beaumont City Clerk.
Separation of Duties is a big part of internal controls. The City refuses to release the Internal Controls Report that was approved by Council on July 15th because it will reveal that there are no internal controls in place. Every aspect of city government is controlled by Kapanicas.
It is the duty of Council to monitor the City Manager and protect the Citizens, but in Beaumont it is the City Manager that controls the Council.