Utility Tax Is at Issue Again in Campaign

It’s back. The controversial utility tax that caused an angry uproar, resulted in the recall of three City Council members and ended up getting repealed after the last local election, is once again a campaign issue in Fullerton.

Four candidates in the upcoming election are promising voters that, if elected, they will refund the money collected from the now-defunct utility tax.

They are: Clifford P. Berning, a 42-year-old school teacher; W. Snow Hume, a 39-year-old Chapman University law student; Barbara J. Marr, a 63-year-old local activist; and Bruce W. Whitaker, a 41-year-old financial manager.

The 2% tax on gas, electricity, water, phone and cable was charged from October 1993 to February 1995. It raised about $4.8 million and the money was used for police and fire services, street maintenance and parks.

Councilman Don Bankhead, former Mayor A. B. “Buck” Catlin and former Councilwoman Molly McClanahan were recalled in 1994 for casting the three votes that implemented the utility tax. Bankhead won his seat back in an election weeks after he was recalled.

The Fullerton Recalls Committee, headed by Whitaker and Hume at the time, has turned into the Fullerton Recovery Team, whose members include Hume, Whitaker, Marr and Berning, who also is seeking a seat on the Fullerton Joint Union High School District Board of Trustees.

Their priority is to refund the money collected from the tax, which they claim was illegal. Said Whitaker: “It’s strictly a matter of principle.”

The legality of the tax still is being determined in the courts. City Manager James L. Armstrong said that the tax was legal when it was implemented and collected.

Councilwoman Julie Sa, one of two incumbents seeking reelection, said she sent out a questionnaire to 10,000 voters, asking whether they favored a refund. About 300 surveys were returned to the 46-year-old international trader and investor and the overwhelming response was “no.” Therefore, she said, she would not favor a tax refund.

Neither would candidate Brent Hardwick, a 52-year-old administrative assistant. “It was a legal tax,” Hardwick said. “The money has been spent. The money is not there to refund.”

Armstrong agreed. “If the council directs us to do it, we’ll do it, but the money would have to come from reserves and I think that would be financially imprudent,” he said.

Mayor Chris Norby, 47, the other incumbent seeking reelection, said he would take a request to refund the money “under advisement for consideration after the election,” but takes no stand on the issue.

Candidates Bob McNutt, 52, a manufacturing company owner, and plastic surgeon Dr. F. Richard Jones, 63, said they will comply with the law if it is determined the tax proceeds should be refunded.

McNutt said he fears that if the money were to be refunded, it would “totally deplete city reserves 100% and leave the city with no contingency. We’d have no way to deal with emergencies.”

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Besides the refund issue, all the candidates are campaigning for more police services. The city’s police and fire associations have endorsed Hardwick, McNutt and Jones.

Another candidate on the ballot, Richter Clough, 27, a state investigator, has dropped out of the City Council race. He said he is interviewing the other candidates to decide who to tell his supporters to vote for.

Councilman Peter Godfrey is not running for reelection but said he supports Jones.

Voters will elect three people to the five-member council on Nov. 5. They also will choose a city clerk.

That position is now held by Audrey K. Culver, 57. She was appointed to fill the job in 1994 after the last city clerk retired. Before her appointment, Culver served as deputy city clerk for 18 years. She said she believes the clerk’s job should be occupied by an experienced, qualified candidate.

Her opponent, Stuart Stitch, 27, is a self-employed investments manager. He ran unsuccessfully for the City Council in the last election.

Councilwoman Jan M. Flory filed a complaint with the state Fair Political Practices Commission earlier this year against Stitch, alleging that he violated election laws in the 1994 council election.

Stitch, who has contributed funds to council candidates Norby, Berning, Hume, Marr and Whitaker, denies the allegation. No action has been taken on the matter.

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Fullerton Council Candidates

Nine candidates, including two incumbents, are vying for three Fullerton City Council seats. Richter Clough, 27, a state investigator, is on the ballot but has dropped out of the race. A look at the candidates:

Clifford P. Berning

Age: 42

Occupation: Public school teacher in Los Angeles

Background: Bachelor’s degrees in religious studies and business administration from Multnomah School of the Bible (Portland, Ore.) and Cal State Los Angeles, respectively, and a master’s degree in education administration from Cal State Los Angeles

Major issues: Opposes public housing projects; wants to refund revenue collected from defunct utility tax; repeal recent water rate increase; proposes developing Hughes site by building a center where gifted people would be housed and educated

Brent Hardwick

Age: 52

Occupation: Administrative assistant for Orange County Environmental Management Agency

Background: Currently serves as a city transportation commissioner; volunteer and staff member of Orange County Teen Challenge, an organization dedicated to helping kids avoid drugs and gangs

Major issues: Wants to continue street repairs and other maintenance projects; supports development of East and West Coyote Hills and the Hughes property; supports preservation and revitalization of downtown Fullerton

W. Snow Hume

Age: 39

Occupation: Self-employed certified public accountant

Background: Founded Committees of Correspondence, an anti-tax group; founder, Fullerton Recalls Committee and Orange County Recalls Committee; Chapman University law student

Major issues: Wants to refund revenue collected from defunct utility tax; repeal recent water rate increase; require vote to approve low-income housing projects; wants to pass law making live nude bars illegal in

Fullerton

F. Richard Jones

Age: 63

Occupation: Plastic surgeon at St. Jude Hospital, Fullerton

Background: Retired U.S. Air Force colonel; president, Orange County Society of Plastic Surgeons; member, Fullerton Rotary and Chamber of Commerce; named Chamber’s Man of the Year for 1996

Major issues: Maintain public safety services by reviewing staffing and equipment needs of police and fire departments; oppose tax increases; promote pride in community by maintaining streets, medians and water system; promote development and retention of businesses to build tax base

Barbara J. Marr

Age: 63

Occupation: Community activist

Background: Member, Republican Central Committee, Fullerton Recovery Team, Fullerton Republican Women Federated, Concerned Women for America, Veterans of Foreign Wars Auxiliary, Navy League of America and California Citizens for Law and Order

Major issues: Wants to refund revenue collected from defunct utility tax; repeal recent water rate increase; prohibit creation of dog park in city; hire more police by keeping property on tax rolls; shut down nude bars

Bob McNutt

Age: 52

Occupation: Owns Western Conveyer Technology Inc., a Fullerton manufacturing company

Background: Serves on boards of Fullerton Rotary Club and Siglos, the fund-raising group for the St. Jude Hospital Foundation and the Muckenthaler Cultural Foundation; member, Library Foundation, Fullerton Interfaith Emergency Shelter, Boys and Girls Club and other local community groups; founding president, Fullerton Airport Pilots Assn.

Major issues: Wants to make public safety a budget priority; repair and replace $17 million

worth of city’s infrastructure; attract and promote more business; work with Hughes and Hunt-Wesson regarding development of their properties

Chris Norby

Age: 47

Occupation: History and government teacher at Brea Olinda High School

Background: Incumbent, elected in 1984; currently serves as mayor

Major issues: Supports contracting out police services; wants public safety to remain city’s top priority by placing officers in “the front lines” and using nonsworn officers to fill clerical positions; expand Neighborhood Watch and community-based policing programs; promote cooperative efforts with local school districts to ensure student safety

Julie Sa

Age: 46

Occupation: Self-employed international trader and investor

Background: Incumbent, elected in 1992; served as mayor for 1995 and part of 1994

Major issues: Wants to continue consolidating city government jobs; emphasize citizen participation; revitalize downtown Fullerton by attracting more businesses that will increase foot traffic; strengthen crime prevention programs; crack down on city code violators

Bruce W. Whitaker

Age: 41

Occupation: Business financial manager at a medical clinic in Anaheim

Background: Member, Republican Central Committee; president, Fullerton Assn. of Concerned Taxpayers; chief spokesman, Orange County Committees of Correspondence; former member, Fullerton Chamber of Commerce

Major issues: Wants to refund revenues collected from defunct utility tax; repeal recent water rate increase; allow property values to rise by requiring vote to approve low-income housing projects; supports “free-market capitalism and limited government’

Source: Individual candidates; Researched by MIMI KO CRUZ / For The Times