Colton to review claims that business...

Colton to review claims that businesses paid too much utility tax

There are 64 comments on the San Bernardino County Sun story from Sep 23, 2010, titled Colton to review claims that businesses paid too much utility tax. In it, San Bernardino County Sun reports that:

At least one business has contacted City Hall to seek a refund of utility users tax payments it says weren't owed.

Join the discussion below, or Read more at San Bernardino County Sun.

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Bellton

United States

#1 Sep 23, 2010
WOW... looks like yet another scandal brewing in Colton. There are a couple of dozen businesses in Colton that would far exceed the $20,000 cap. The city could end up owing several million dollars in refunds. Looks like another major screw-up from the Chastain, Parrish, Nuaimi and DeAlwis regime. The question is who was aware of this and when did they find out. Looks like either gross negligence or potential criminal wrong doing. Bring on the DA or an outside forensic audit.
Our Tax Dollars at Work

Santa Ana, CA

#2 Sep 23, 2010
This must have been what the Geek-Squad was squawking about OVER a week ago:

http://www.topix.com/forum/city/colton-ca/TER...

Seems "BEST way" knows a lot of the specifics:
"They said nothing to alert the businesses when overpayment was made as REQUIRED by the ordinance."
She wrote that on Friday Sep 10 and yet:

"It's a closed-session item," said DeLaRosa.

So the question is how did "Best way" find out so much about this? Is "Best way" actually a Council Member?
Or is a council member leaking info to him?
A quick look at the City Council Agenda from 9-07-10 reveals a closed session item:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant Exposure to Litigation Pursuant to California Government Code, Section 54956.9(b)

Number of Cases: 2 Potential Cases
According to PAGE 9 of the City's Code Of Norms and Ethics:
There will be no violation of Closed Session confidentiality.

Council members will not talk to affected/opposing parties, the press or anyone else
I'm sure Mr. Foster will be scrutinizing a certain council member's every phone call, email and meeting going back to Sept 7 and from now until eternity.
Maybe it's time the DA investigate this council member's scope of involvement with a certain PAC?
Our Tax Dollars at Work

Santa Ana, CA

#3 Sep 24, 2010
Bellton wrote:
WOW... looks like yet another scandal brewing in Colton. There are a couple of dozen businesses in Colton that would far exceed the $20,000 cap.
An Aug. 3 city report says two businesses in the city are the only service users that seek the shield of the cap.

Read more: http://www.sbsun.com/news/ci_16159493#ixzz10Q...
Bellton

United States

#4 Sep 24, 2010
Our Tax Dollars at Work wrote:
This must have been what the Geek-Squad was squawking about OVER a week ago:
http://www.topix.com/forum/city/colton-ca/TER...
Seems "BEST way" knows a lot of the specifics:
<quoted text>
She wrote that on Friday Sep 10 and yet:
"It's a closed-session item," said DeLaRosa.
So the question is how did "Best way" find out so much about this? Is "Best way" actually a Council Member?
Or is a council member leaking info to him?
A quick look at the City Council Agenda from 9-07-10 reveals a closed session item:
<quoted text>
According to PAGE 9 of the City's Code Of Norms and Ethics:
<quoted text>
I'm sure Mr. Foster will be scrutinizing a certain council member's every phone call, email and meeting going back to Sept 7 and from now until eternity.
Maybe it's time the DA investigate this council member's scope of involvement with a certain PAC?
eyeinthesky
Thousand Oaks, CA
#12Friday Sep 10

One company has already come forward to claim the 1,00,000 dollards they over paid to the UUT. What will happen to the general fund when all the others come forward? I guess that the CM should have taken action when he was info.

Looks to me like "Best Way" was responding to this posting by "eyeinthesky" from Thousand Oaks, who talks about an over payment on the UUT and then tries to lay blame on Rod Foster. So the question is how did "eyeinthesky" find out so much about this? Is "eyeinthesky" actually a Council Member? Let's see... who on the Council and in the audience has been trying to lay blame on CM Foster. Answer that obvious question and then you will have your list of suspects to question regarding any potential leaks. Looks like another Bell situation. Definitely going to have to bring in the DA on this one!
Our Tax Dollars at Work

Santa Ana, CA

#5 Sep 24, 2010
Bellton wrote:
<quoted text>
eyeinthesky
Thousand Oaks, CA
#12Friday Sep 10
One company has already come forward to claim the 1,00,000 dollards they over paid to the UUT. What will happen to the general fund when all the others come forward? I guess that the CM should have taken action when he was info.
Looks to me like "Best Way" was responding to this posting by "eyeinthesky" from Thousand Oaks, who talks about an over payment on the UUT and then tries to lay blame on Rod Foster. So the question is how did "eyeinthesky" find out so much about this? Is "eyeinthesky" actually a Council Member? Let's see... who on the Council and in the audience has been trying to lay blame on CM Foster. Answer that obvious question and then you will have your list of suspects to question regarding any potential leaks. Looks like another Bell situation. Definitely going to have to bring in the DA on this one!
Indeed-who is "eyeinthesky"? Still, her/his post is so vague -yet "Best way" further elaborates:

"I believe the CM was just informed of this. We will wait and see what he does. Please remember this overpayment by some large UUT payers has apparently been going on for years while the former city manager and former CFO and Mayor were in charge. The fault is all theirs, not the current CM. Put the blame were it belongs. They said nothing to alert the businesses when overpayment was made as REQUIRED by the ordinance. How long had our Mayor and former staff going to milk these businesses without complying with the ordinance? "

There is nothing in 'eyeinthesky" post about ordinances or if and when the cm was informed.It is my opinion "eyeinthesky" and "Best way" were working together on leaking closed session
Bellton

United States

#6 Sep 24, 2010
Our Tax Dollars at Work wrote:
<quoted text>An Aug. 3 city report says two businesses in the city are the only service users that seek the shield of the cap.
Read more: http://www.sbsun.com/news/ci_16159493#ixzz10Q...
Interesting that it states two businesses in the city are the only service users that seek the shield of the cap. It's not the businesses responsiblity to "seek the shield of the cap" or to administer the cap, the ordinance states that it is clearly the "tax administrator"( City Finance Directors) job. Taking someone else's money and pocketing it is a serious offense. Colton needs a forensic audit.

Colton UUT Ordinance
B.
A service user may deposit the maximum tax specified in subsection A of this section with the tax administrator during the month of April each year as payment in advance of taxes due under this chapter for the twelve-month period commencing the first day of that month and ending on March 31 thereafter. Any service user making a deposit of maximum tax shall not thereafter be billed for any tax under this chapter for that twelve-month period. The tax administrator shall notify each service supplier when to cease and when to resume billing the tax to such service users.
Bellton

United States

#7 Sep 24, 2010
Our Tax Dollars at Work wrote:
<quoted text>Indeed-who is "eyeinthesky"? Still, her/his post is so vague -yet "Best way" further elaborates:
"I believe the CM was just informed of this. We will wait and see what he does. Please remember this overpayment by some large UUT payers has apparently been going on for years while the former city manager and former CFO and Mayor were in charge. The fault is all theirs, not the current CM. Put the blame were it belongs. They said nothing to alert the businesses when overpayment was made as REQUIRED by the ordinance. How long had our Mayor and former staff going to milk these businesses without complying with the ordinance? "
There is nothing in 'eyeinthesky" post about ordinances or if and when the cm was informed.It is my opinion "eyeinthesky" and "Best way" were working together on leaking closed session
Yes, in reading the post it was so vague, yet you went right to it, found it and put a link to it even though it was in a completely different topic that had nothing to do with the UUT. It appears to me that either it's you or someone you know that brought this information out and tried to discredit the current City Manager with it.
Our Tax Dollars at Work

Santa Ana, CA

#8 Sep 24, 2010
For the record "Best way" always appears in threads about Colton First as their Cheerleader Numero Uno:

http://www.topix.com/forum/city/colton-ca/T0S...
Our Tax Dollars at Work

Santa Ana, CA

#9 Sep 24, 2010
Bellton wrote:
<quoted text>
Interesting that it states two businesses in the city are the only service users that seek the shield of the cap. It's not the businesses responsiblity to "seek the shield of the cap" or to administer the cap, the ordinance states that it is clearly the "tax administrator"( City Finance Directors) job. Taking someone else's money and pocketing it is a serious offense. Colton needs a forensic audit.
Colton UUT Ordinance
B.
A service user may deposit the maximum tax specified in subsection A of this section with the tax administrator during the month of April each year as payment in advance of taxes due under this chapter for the twelve-month period commencing the first day of that month and ending on March 31 thereafter. Any service user making a deposit of maximum tax shall not thereafter be billed for any tax under this chapter for that twelve-month period. The tax administrator shall notify each service supplier when to cease and when to resume billing the tax to such service users.
"Any service user that pays more than the maximum tax may claim a refund or credit from the city, the code says."

Read more: http://www.sbsun.com/breakingnews/ci_16159493...
"We did exceed the $20,000 cap and have applied for the rebate," said ConAgra spokesman Bob Kula.

Read more: http://www.sbsun.com/breakingnews/ci_16159493...
Doesn't sound like much of a "scandal."
Our Tax Dollars at Work

Santa Ana, CA

#10 Sep 24, 2010
Bellton wrote:
<quoted text>
Yes, in reading the post it was so vague, yet you went right to it, found it and put a link to it even though it was in a completely different topic that had nothing to do with the UUT. It appears to me that either it's you or someone you know that brought this information out and tried to discredit the current City Manager with it.
It was fresh in my mind from when "Just like Bell and YOU posted on the thread Tuesday:

Bellton

Santa Monica, CA

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#24
Tuesday


Just like Bell wrote:
<quoted text>
Someone needs to call in the law, this smells just like Bell, cover ups City Manager and City Council and Mayor. Hey, I heard Colton has same city attorney as Bell?? Is this true?/

Yep, Colton has BB&K. Their motto is everything's legal until somebody challenges it. You are correct, many coverups over the past several years. I've heard the DA is investigating...stay tuned.
http://www.topix.com/forum/city/colton-ca/TER...

It doesn't take Columbo to see that what was posted on that thread
by eyeninthesky and Best way was the SAME subject matter which CM DelaRosa claims is from closed session ( business overpaid on UUT)
Bellton

United States

#11 Sep 24, 2010
Here in your earlier post, you quickly go back to the agenda from 9/7/10 and site an unknown closed session item linking it to the "leak" YOU brought up. Based on this info it certainly indicates you had knowledge of closed session items and were involved in the 9/10 posting bringing the issue up while trying to blame Mr. Foster.

"A quick look at the City Council Agenda from 9-07-10 reveals a closed session item:"
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant Exposure to Litigation Pursuant to California Government Code, Section 54956.9(b)

Number of Cases: 2 Potential Cases
Bellton

United States

#12 Sep 24, 2010
Our Tax Dollars at Work wrote:
<quoted text>
"Any service user that pays more than the maximum tax may claim a refund or credit from the city, the code says."
Read more: http://www.sbsun.com/breakingnews/ci_16159493...
"We did exceed the $20,000 cap and have applied for the rebate," said ConAgra spokesman Bob Kula.
Read more: http://www.sbsun.com/breakingnews/ci_16159493...
Doesn't sound like much of a "scandal."
As stated in section B the Code says, The tax administrator shall notify each service supplier when to cease and when to resume billing the tax to such service users. Apparently you think it's O.K. to pocket someone else's money and only own up to it after the business that overpays you discovers it. Geez, no wonder why you love Chastain, Parrish, Nuaimi and DeAlwis so much!
Our Tax Dollars at Work

Santa Ana, CA

#13 Sep 24, 2010
Bellton wrote:
<quoted text>
. It appears to me that either it's you or someone you know that brought this information out and tried to discredit the current City Manager with it.
I have the utmost respect for Mr.Foster and fail to see how a company who claims it overpaid and is now seeking a refund (or credit)as provided by city ordinance would discredit
him.
Out of curiosity, what do YOU mean TUESDAY before this article came online at 7pm tonight when YOU said:

"I've heard the DA is investigating...stay tuned."
http://www.topix.com/forum/city/colton-ca/TER ...

??? It would appear YOU are actually involved in this leak somehow as well.
Our Tax Dollars at Work

Santa Ana, CA

#14 Sep 24, 2010
Bellton wrote:
Here in your earlier post, you quickly go back to the agenda from 9/7/10 and site an unknown closed session item linking it to the "leak" YOU brought up. Based on this info it certainly indicates you had knowledge of closed session items and were involved in the 9/10 posting bringing the issue up while trying to blame Mr. Foster.
"A quick look at the City Council Agenda from 9-07-10 reveals a closed session item:"
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to California Government Code, Section 54956.9(b)
Number of Cases: 2 Potential Cases
Good detective work.Since "eyeinthesky", Bestway" and YOU all seem to have known something about this BEFORE Tuesday's meeting, I went back and noticed the agenda had "2 potenial cases" (remember CM Delarosa sai it was a closed session item-so it's quite obvous where to look)
Our Tax Dollars at Work

Santa Ana, CA

#15 Sep 24, 2010
Bellton wrote:
<quoted text>
As stated in section B the Code says, The tax administrator shall notify each service supplier when to cease and when to resume billing the tax to such service users. Apparently you think it's O.K. to pocket someone else's money and only own up to it after the business that overpays you discovers it. Geez, no wonder why you love Chastain, Parrish, Nuaimi and DeAlwis so much!
They are applying for a refund or credit from the city as is provided in the code, duh!Mistakes happen and it will be rectified-in DelaRosa's own words:
We're trying to be accurate on our billing and if it's overcharges or undercharges to our customers, we want to make it right."

Read more: http://www.sbsun.com/breakingnews/ci_16159493...
Bellton

United States

#16 Sep 24, 2010
Our Tax Dollars at Work wrote:
<quoted text>I have the utmost respect for Mr.Foster and fail to see how a company who claims it overpaid and is now seeking a refund (or credit)as provided by city ordinance would discredit
him.
Out of curiosity, what do YOU mean TUESDAY before this article came online at 7pm tonight when YOU said:
"I've heard the DA is investigating...stay tuned."
http://www.topix.com/forum/city/colton-ca/TER ...
??? It would appear YOU are actually involved in this leak somehow as well.
Glad to see you respect Mr. Foster, he is certainly a breath of fresh air after the last several years of mismanagement.
My comment was that the original post YOU brought up states that "I guess that the CM should have taken action when he was informed of this." Certainly appears that the poster is trying to implicate Mr. Foster and has some type of inside info.
Sorry to disappoint but my comment regarding the DA had nothing to do with this issue, it was in response to someone making a comparison with Bell. I've heard the DA is investigating several issues regarding the goings on in Colton the past several years. This new one that just popped up certainly appears to be another one ripe for an investigation.
Bellton

United States

#17 Sep 24, 2010
Our Tax Dollars at Work wrote:
<quoted text>Good detective work.Since "eyeinthesky", Bestway" and YOU all seem to have known something about this BEFORE Tuesday's meeting, I went back and noticed the agenda had "2 potenial cases" (remember CM Delarosa sai it was a closed session item-so it's quite obvous where to look)
SURE ... LOL
Our Tax Dollars at Work

Santa Ana, CA

#19 Sep 24, 2010
Bellton wrote:
<quoted text>
Glad to see you respect Mr. Foster, he is certainly a breath of fresh air after the last several years of mismanagement.
My comment was that the original post YOU brought up states that "I guess that the CM should have taken action when he was informed of this." Certainly appears that the poster is trying to implicate Mr. Foster and has some type of inside info.
Sorry to disappoint but my comment regarding the DA had nothing to do with this issue, it was in response to someone making a comparison with Bell. I've heard the DA is investigating several issues regarding the goings on in Colton the past several years. This new one that just popped up certainly appears to be another one ripe for an investigation.
Sorry-I'm not "eyeinthesky".
Our Tax Dollars at Work

Santa Ana, CA

#20 Sep 24, 2010
I'm sure "Bestway" can tell you who "eye" is -since he/she obviously knew what they were talking about since he/she claim to know when it went to Foster's desk:

"I believe the CM was just informed of this. "
http://www.topix.com/forum/city/colton-ca/TER...
Our Tax Dollars at Work

Santa Ana, CA

#21 Sep 24, 2010
Well, it was nice discussing this with you, but it is late. Have a good night!
PS-for future reference-most news stories appear on the SBSun online edition between 7-9 .I forgo the sbsun/pe homepages altogether and simply use the "Real-Time news" function here on topix (upper right hand column)- most stories do not appear on those newspapers home page until long after they go online -and sometimes not at all.

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