Another Disaster in the Making

How come our electeds don’t seem to be able to grasp simple concepts; why have they no resistance to the bureaucratic sales pitch; why must they obscure their own ignorance in a cloud of asinine nonsense or outright lies?

If it was hard we couldn't do it!
If it was hard we couldn't do it!

Last Tuesday night the Fullerton City Council/Redevelopment Agency approved the idiotic Richman housing project, a staff-concocted, no-bid, pet project that proposes to subsidize ownership of condos. The vote was 3-1, Sharon Quirk-Silva, dissenting. Shawn Nelson took a powder.

Why is this project idiotic? First we believe that the ownership of a house is something that should be available equally, and not doled out by the government to its own selected recipients.

Second, the units in this project will have to be perpetually restricted to people whose income levels qualify. Perfect: perpetual housing bureaucracy! The necessary deed restrictions are a pretty significant encumbrance and will just add to the financial shakiness of the whole enchilada. But without these restrictions the original buyers would be in line for a massive windfall courtesy of all of us, when they sell.

A third point, as was admirably developed by Sharon Quirk-Silva, the proposed occupancy restrictions would very likely  disqualify people who need housing the most. Which leads to the fourth point. These units will not count against Fullerton’s most neglected RHNA category – low and very low income. Which leads to:

Five. Dick Jones claimed that approving  the Richman project is required to satisfy some legal mandate – it is THE LAW. That’s just a tin-plated, bald-faced lie. The SCAG RHNA allocations are goals, not a legal mandate. Cities are required by the State HCD to provide evidence of programs used to achieve those goals – not specific projects. And, in any case hypocritically, this project does not address the most urgent RHNA category of all which means that for folks who profess to really like this sort of thing, an opportunity has been lost.

Finally, FFFF has tried to promote better, more sustainable design in government-subsidized projects. And this project just promises more of the same old architectural crap we’ve been getting all along.

And now that we contemplate this fiasco, we feel the need for a last minute adendum to the Fringie Worst Vote category.

On the Agenda: December 15th, 2009

City-Council-AgendaThe Fullerton City Council has just released their agenda for December 15, 2009 and it’s a fat package!

Something near and dear to me is baseball so I take a little more interest when the subject shows up on the agenda.  Item 2 of the closed session is a conference with the real property negotiator concerning 304 W. Commonwealth Avenue.  It would appear that the Orange County Flyers of Fullerton want to move to downtown Fullerton to be closer to City Hall.  In fact they want to have the baseball field across the street where many a young man played pony league baseball.   The Duane Winters Field just might be the sight of the next Golden Baseball League Championship.  In March 2007 the team gave up being the Fullerton Flyers because the new partners wanted to be more marketable.  Hmm, sounds like an Arty Moreno stunt!  So the changed to the Orange County Flyers.  I have a t-shirt that says “Top 10 Reason’s To Be a Fan: …Reason #4: They aren’t the L.A. Flyers of Fullerton.”  That’s true; they’re the O.C. Flyers.  So, will Parks and Rec Director, Joe Felz, give them the field?  We’ll see…

Also in the closed session is another real property whiz-bang.  Rob Zur Schmiede is working on 655 W. Valencia.  In 2007 this was a 63 unit condo by John Laing and the project was in plan check.  3+ years later, what could they be discussing?  Price and terms with C&C Development’s Barry Cottle, according to the agenda.

In the open session you can look forward to a presentation by MWD  and a few awards to people like Quirk-Silva, Dick Waltz, and – drum roll please – The Golden Bell Award, Fullerton Union High School District and (another drum roll please) Fullerton School District!  How ya like dem apples?

Make sure you fill out your blue card before you yell at the council – which you will want to do…

There are a few appointments being made to the Library Board of Trustees.  Your favorite Mayor, Don “Don’t Mess With Me” Bankhead and Shawn “See Ya Later Alligator” Nelson.  Their terms are to expire December 31, 2012 – if they last that long.

We have a busy consent calendar to cover so hang on tight.  In the mix is the amended landscaping ordinance, group insurance for city employees, the employee’s deferred compensation, more sewer replacement, a bunch of Redevelopment stuff, air pollution, SALE OF THE ORANGE COUNTY FAIR GROUNDS (seriously – item 11),  Raymond Avenue grade separation, Fire Management Association agreement, Bastanchury/Valencia Mesa bike path.  There is too much for me to cover here so I’ll expand a little on just a few.

First, there for Redevelopment.  Item 6’s title should tell you everything you need to know… “Redevelopment Agency’s Annual Determination That Planning And Administrative Expenses Are Necessary For The Production, Improvement, or Preservation of Low and Moderate Income Housing”.  Yep that’s all you need to know so don’t look into it or question it.  I suggest that if you ever had a beef with Redevelopment, this is a chance for you to SCREAM at your elected officials.  This “determination” is the justification for wasting your money.  Because if that isn’t enough reason, read item 7, the Redevelopment Agency’s annual report.  This the RA’s justification for existence to the State and Feds.  If it doesn’t dazzle you with brilliance, rest assured, it will baffle you with bullshit!

Ok, enough with the Redevelopment Agency, let’s get down to real business.  According to item 8, it’s time to modify the signals at Orangethorpe and Highland, as well as re-stripe the area and add some signs.

Air pollution shows up 9th on the list.  It’s actually a MSRC grant for $450,000 for a compressed natural gas station.  I wonder how much money we will throw at it to get the gas station operational.  How much will we sell the gas for?  Are there enough customers to make it profitable or are we, the tax payers, suppose to subsidize CNG vehicle owners?  I’m sure the details are all there waiting to be found.

Don Hoppe gets an appointment as the Public Works Dispute Hearing Officer.  Will he get paid extra for the job?

And then we have the Fairgrounds.  It appears that the council would like to request the Governator to not sell the O.C. Fairgrounds.  I’m sure Arnold will read the letter and quickly cancel the whole sale.

The Raymond Avenue Grade Separation is getting a change order for AECOM.  Their fee is $2,450,000.  It is unclear from the agenda or staff recommendation just how much the change order will cost us, if anything.   According to the recommendation, there is $63,739,000 for the project.  That’s a lot of money!

Skipping ahead to the Public Hearings we have some more Redevelopment doozies.  The first one, item 15, is for 524 and 530 S. Richman Avenue where the Olson Company wants to erect 34 moderate income housing units.  I believe the Honorable DR. Jones said we “…absolutely have to build these. It’s the law!”  Well, sort of…not really.

Also, item 16 is the Five-Year Implementation Plan for Redevelopment Agency.  The item is on the agenda so that a request can be made to have a public hearing on it and consider adopting the plan.  What a racket!

Here is an interesting one.  Item 17 is an appeal to install a nature/wildlife habitat along a portion of the Juanita Cooke Greenbelt (known to many who are not as up to date on official trail names as “The Equestrian Trail Behind the Court House that goes to Laguna Lake”).  After looking at what they wanted to do and where, I’m not sure why the City didn’t take advantage of the situation.  Here are a couple who want to improve the trail where it runs along their backyard.  They wanted to make it wilder (I guess) on the slope NEXT TO the path.  The fix could have been to enter into an agreement whereby they can install certain pre-approved plants in a pre-approved manner, the total costs of which would be paid by the applicant.  The City could have the homeowners maintain it until such time as the agreement is cancelled in which case the homeowners could be on the hook for removal/restoration costs.  The cop out from Parks that the trail has two paths and this would confuse people is silly.  Are people really that stupid?  Also, from what I have seen, the encroachment would be onto the slope.  I don’t think the mountain bikers are on the slopes nor are the walkers or horses.  So what’s the problem?

The city will also be looking at parking permit fees in certain areas. (See item 18)

Moving on to Regular Business (I said this was a big package), we have a few reports on the City’s financials as well as the Airport.  Also in the Regular Business is the Commission/Committee At-Large Appointment Process.

I urge you to read through all of the supporting documents for the agenda.  That is where you might find some nuggets of truth that should be brought forth.  I simply don’t have enough hours in the day to do it.  Thanks for reading and feel free to point out other topics that I missed or are important to you!

More Fair Follies: Supes Told To Avoid Fair Board

$19,000 doesn't go as far as it used to. Damn Democrats.
$19,000 doesn't go as far as it used to. Damn Democrats.

I came across some choice nuggets in a Daily Pilot article about the OC Fair Fiasco. Apparently the DAs office is at least going through the motions:

the county district attorney is investigating the activities of the fairgrounds’ board, said Susan Schroeder, public affairs counsel at the D.A.’s office.

Well that’s good news – unless your name is Ackerman. At least there’s no overt stonewalling. But in a move that should be just as alarming to the Fair Board, County Counsel Nick Chrisos:

now has instructed the five supervisors to not interact with members of the Orange County Fairgrounds’ board of directors, Supervisor John Moorlach confirmed in a phone interview Thursday. Brooke De Baca, a county spokeswoman, said Thursday that Chrisos could not comment because of attorney-client privilege.

“This has been one of the more heart-rending directives that I have received, as many of the Fair Board members are long-time dear friends,” Moorlach said in an e-mail sent out Wednesday.

Moorlach wouldn’t say more or explain what was behind the counsel’s directive to the supervisors.

You’ve Got To be Joking. Please, Tell Us You’re Joking!

Nobody pays me to do this stuff
Nobody pays me to do this stuff

Yesterday a truly weird balloon was lofted over the dismal, cratered landscape of the Red County. It was another one of those the Fair Deal is Dead, I Don’t Care Once way or Another, Privatization is Good blog posts done by Matthew J. Cunningham. But Lo and Behold, he finally got around to actually discussing the activities of the Fair Board members who created a “Foundation” behind the scenes so that they could buy the Fairgrounds from themselves.

Here’s the first sparkler:

However, the OC Fair Board directors — or at least most of them — constituting themselves as the directors of a non-profit that would buy the fair was a very delicate political dance that has proved impossible to pull off. Not conducting the non-profit’s initial meeting in public was mistake and a PR black-eye, which fed into sale opponents’ message of “secrecy and corruption.” They have been beaten so badly with the Bad PR stick it’s doubtful their efforts buy the fair ground will ever succeed. At this point, better to stanch the bleeding and pull the plug.

So the real problem is not that they conspired to sell the Fair to themselves, and met secretly to discuss fair business, i.e. The Sale; no, rather that they couldn’t perform a “delicate political dance.” They have earned a “PR black-eye.” And have been beaten with the “Bad PR stick…” Oh, the poor misunderstood Foundation, er Fair Board.

It gets even better:

I do think the Fair Board directors have been unfairly assailed, and do not deserve the pitchfork treatment they’ve received. Sale opponents could and should have been able to mount a sound public policy case without resorting to throwing allegations at the wall in the hopes somehting would stick. Assemblyman Jose Solorio — who not so long ago voted to sell the fairgrounds — could have refrained from this kind of purple rhetoric: “misinformation and misrepresentations, conflicts of interests, questionable legal and ethical activities and a potential constitutional barrier regarding the sale of the property.”

Aha! Poor Fair Board as victims, unfairly assailed, with pitchforks no less (note: PR stick has morphed into pitchfork!). Oh yes, a mob has gathered to demand that such niceties as open meeting laws and conflict of interest rules for government appointees are upheld. Well, anyway, that’s a new approach. Wonder if it will work. And the subtle turn of the Fairground sale opponents into the actual villains of the piece is classic PR schtick, that of course nobody is going to fall for.

Here is Mr. Cunningham trying to disarm through humor. Bad strategy when this sense was apparently strangled in his crib:

If I had a dollar for every time I heard or read accusations of “conflict of interest” or “illegal lobbing,” I could put a down payment on the fairgrounds myself. But I have yet to see anyone produce any evidence to substantiate what are very serious accusations.

Well of course he hasn’t seen any evidence to substantiate anything. He obviously hasn’t looked for any. But others have, such as Nick Chrisos, the County Counsel, and the sequence of events point to the Board using public resources to incorporate itself as the “Foundation,” and hire Dick Ackerman to work to get AB22 passed; and then later (finally) in public, and as the Fair Board, hire a “consultant” (Ackerman’s firm, again) to go lobby the Governor for favorable conditions in the Request for Proposals from would-be buyers.  

But our boy’s not done yet:

After funding a “Derail the Sale” campaign that has subjected the OC Fair Board directors to a hail of abuse, it will be interesting to see if Tel Phil Enterprises approaches the Fair Board for yet another rent reduction — and how such a request will be received. I think Tel Phil’s role has been one of the most interesting, and least remarked upon aspects of this imbroglio — after all, it isn’t often you see a government lessee going after its landlord.

A hail of abuse! Outrage: the old stand-by. Go on the offensive and attack! But wait, that won’t work – that will just make the ignorant pitchfork wielding villagers even madder! And nobody gives’s a rat’s ass about “Tel Phil.” Big plop sound.

And in conclusion:

In the meantime, there’ll be much sturm und drang that’ll will provide enough blog fodder for everyone, but in my humble opinion, were already at the Appomattox stage of this war.

Sarcastic sturm und drang. Blog fodder. Appomatox. In other words, lots of aimless speculation, and the deal’s done anyway, so break it up folks, go on home, nothing to see here!

But let’s hope this is not the end of the story. Many wars are followed up with legal proceedings to hash out things like reparations and responsibility. Let’s hope the end comes only after legal investigation into the doings of the Fair Board/Foundation and their “consultant” Dick Ackerman; and only after a plausible explanation is given as to why the public was billed over $19,000 to pay for legal/lobbying services that benefit the Fair Board directors who are also Foundation members.

As an alternative to this nonsense I recommend Barbara Venezia’s excellent column I shared with you a few days ago.

Just A Quick Question to The Fringe

Has anyone other than me wondered why neither of the two main partisan blogs in OC – the Liberal OC and Red County have even mentioned the OC Fair scandal a-brewin’?

Red seems intent to chatter about all sorts of Fair topics – but not the crooked Foundation itself. Blue doesn’t seem to have posted a comment about the Fair at all.

Are these two paragons of “reasoned debate” both so involved in reasoned debate that they have missed one of the biggest stories of the year?

Just asking.

More Fair Follies. Dick Ackergate Body Appendage Firmly Trapped in Wringer

A painful extraction was attempted...
A painful extraction is being attempted...

Over the week-end we read some interesting things about the surreptitious “Fair Foundation” and their publicly paid lobb….er, consultant, Dick Ackerman. It transpires that the State AG, Jerry Brown has pulled the plug on legal support for the Fair Board, arguing quite reasonably that the Board majority are members of the clandestine Foundation, and that the taxpayers ain’t gonna pick up the tab to defend their misfeasance. Now they’ll have to pay for their own lawyers, thankfully, and we won’t.

We also learn that Ackerman’s law firm was paid over $19,000 in public funds to do something (not lobbying of course – that would be illegal). We would dearly love to see the billing statement with dates and activities.

Honorary Fringer Vern Nelson has an excellent post this AM over at the OJ blog.

free commercial for Vern
free commercial for Vern

The helpful folks over at the OC Progressive have posted a fun run down here, passing along info gleaned by the Daily Pilot via a public records request.

Despite all the obfuscation and dust kicking up by Foundation apologists, it seems like the truth will emerge.

A Blast From The Past?

We got a hold of an invite to a Harry Sidhu for 4th District Supervisor campaign event. It’s hosted by Curt Pringle and it will cost its well-heeled attendees $500 bucks a pop. Here’s the text:

Dear Supporter:  I have had the great pleasure to work with Harry Sidhu on the Anaheim City Council over the past five years.    As you may know, Harry is planning a run for the 4thDistrict Supervisorial seat.   I am supporting Harry for that election.   Even though these are difficult times, I would very much appreciate if you could support Harry at his upcoming fundraiser at the Anaheim White House, on December 16 at 11:30 AM.    Your participation would mean a lot.  The event charge is $500 per person.   Please consider attending and let me know at your earliest convenience.

Regards,

Curt

 Mayor Curt Pringle

 and

Luncheon Host Committee

George Adams – Adrian Foley – Dr.Howard & Linda Knohl  Pat Mahoney – Jerry Zomorodian – Sandy Day – Ajit Mithwalia John Thomas –Ajesh Patel – Bill Taormina –  Larry Lake Todd Ament –Virg Narbutas – Bill O’Connell –  Hamilton Brewart Derral McGinnis –  Ken Ryan –  CB Nanda  

Cordially invite you to a special fundraising event honoring COUNCILMAN HARRY SIDHU

Republican Candidate ~ Orange County Supervisor, 4th District        

We have already addressed Pringle’s arachnid qualities, so we’ll let that go for now. Of keen interest to Fullertonians will be the name of one of Harry’s benefactors: “Ajit Mithwalia.” Could that really be Ajit Mithaiwala? The Ajit Mithaiwala?

Fort Mithawalla
Fort Mithaiwala

Last spring we detailed the long, sad, and disastrous story of the Fullerton “City Lights” SRO project (two installments of which are here, and here);  a project in which LA developer Ajit Mithaiwala figured prominently, both as the Plan B developer dredged up by Redevelopment director to save the fiasco; as the man who threatened to sue the City for make believe breach of contract; and who then took several years to finish his project.

What Mithaiwala has been doing for the past 10 years is anybody’s guess, but the fact that he might be popping up now is pretty interesting. The fact that he originally received a million bucks from the County for his project and might now be dabbling in County politics is interesting, to say the least.

Of course we could be wrong. Maybe this is just some guy named “Mithwalia.”

Get Rid of The Fair Board

the food wasn't really all that great
the food wasn't really all that great

Here is a very good column we came across today by Barbara Venezia. in light of some of the non-conversations we’ve been having here lately with a Fair Board supporter, we thought we’d share it.

Venezia: OC Fair Board should be removed

BARBARA VENEZIA

FOOD FOR THOUGHT

Barbara Venezia

bvontv@earthlink.net

 Why isn’t anyone calling for the removal of the current Orange County Fair Board? Doesn’t personal responsibility matter anymore? When you take into consideration the collateral damage they’ve caused with this ridiculous self-serving shell game of buying the fairgrounds, every single one of them should be held accountable, including the two who were not part of the nonprofit shenanigans.

When I asked board member Julie Vandermost why she wasn’t a part of it, she emailed, “It’s a matter of not having enough bandwidth in my schedule.” David Padilla didn’t return my call; rumor has it he wasn’t even asked to participate in the nonprofit. If true, you have to wonder why.

I’m not buying Julie’s clever excuse and David’s non-response speaks volumes. It doesn’t take a rocket scientist to figure out they were probably the first ones who saw something hinky in this plan. Why didn’t they speak up? Was it because they didn’t want to rock the boat and lose the lucrative perks of being on the Fair Board? Or were they afraid of the blow-back speaking against powerful fellow board members could bring?

Does personal responsibility go out the window if you just keep your mouth shut?

This Fair Board’s questionable behavior should be enough ammunition to explore removal. Let’s not forget they were smack dab in the middle of the Mike Carona trial with board member Debbie Carona. Then there was the whole messy ticket/private dinner scandal that some argued amounted to “gifts of public funds,” perks estimated at approximately $40,000 plus. When this was taken away, tongues wagged that 50 percent of the board considered quitting.

Now Costa Mesa’s setting aside beaucoup bucks to create a plan B, (making a bid to buy the fairgrounds), should plan A, (getting the governor to rescind the sale), not work. This exercise in futility could’ve been avoided had the OC Fair Board done their job and not lobbied for the sale or formed their own nonprofit to buy it.

When is someone going to talk about the elephant in the middle of the room? It appears this board is not looking out for the best interest of the public. Politicians generally hate going after those who fund-raise and have political juice, but what if they’re out of control?

Maybe it’s a task for Supervisor John Moorlach; after all, accountability’s something his office has preached repeatedly. Sure his administration’s taken its lumps as they’ve gone after some sacred political cows like pension reform, but whether you agree with them or not, this group seems fearless. It would make sense for Moorlach and company to lead this charge.

But will he? He’s gearing up for a tough re-election bid. Going after political heavyweights on the Fair Board could cause a rift within his party; then again, being pro-active on this issue could give him a leg up with voters. Wonder if he’s a gambling man?

Costa Mesa, coupled with the OC Board of Supervisors, could accomplish rescinding the sale and requesting new board members. So who’ll have the chutzpah to stand up for personal responsibility? We all should.

Freelance writer Barbara Venezia’s opinion column appears online and in The Current every Friday. Email BV at bvontv@earthlink.net

Amen, Barbara, and thank you for saying what no one in the Republican hierarchy has the courage to say. Clean the Augean Stable at the OC Fair. Even if we have to divert the Santa Ana River to do it!

 

The Fullerton City Council And It’s Trail of Tears to Nowhere

It's a long wretched journey, but is sure isn't worth it when you get there...
It's a long wretched journey, but it sure isn't worth it when you get there...

We have almost exhausted ourselves relating the long and troubling story of the Poisoned Park, AKA the Union Pacific Park, a perfect case study in local government overreach, squandered millions, and zero accountability from our “very, very good” City Manager or anybody else for that matter.

with a spring in his step...
with a spring in his step...

First the Redevelopment Agency interfered in a private sector transaction; then they unwittingly acquired contaminated property. Then they built a park that nobody but cholos and borrachos used (good thing half of it was fenced off!). Several million bucks later city staff sat on an embarrassing disaster whose magnitude could only be minimized by comparing it to other historical Redevelopment fiascoes.

But now to the point of this post. On Tuesday, the council voted to apply for grant  funds to continue the “trail” westward from Highland, even though they had been informed of a toxic plume under the property. More millions spent on more contaminated property! And still no explanation about the fact that this idiotic “trail” has no provision to take pedestrians, cyclists (or horses, yee haw!) over the at-grade crossings at Highland and Richman; and no coherent vision about how this thing is supposed to function at all.

When the issue of contamination popped up, City Engineer Don Hoppe made some noise about how they had looked into the issue (yeah, sure Don); ever helpful City Attorney Jones suggested that the application be made anyway while some sort of site check up be performed.

Huh? Once again nobody seemed real curious about how the City got stuck with contaminated property (no doubt mistakes were made and hindsight is 20/20). Instead of accountability they seem more more interested in chucking more good money after bad.

Like chickens with their heads left on
Like chickens with their heads left on

And of course it didn’t really seem to bother anybody that the City’s previous efforts on the Union Pacific right-of-way have been a titanic debacle from start to…well, there will probably never be a finish.

Now that's not very good, is it?
Now that's not very good, is it?

The thought process behind the original, ill-conceived acquisition still seems to be driving things along: it’s there, we’re the City, and there is an opportunity to own property, play park designer and trail manager, not to mention playing around with millions of dollars of somebody else’s dough.

Red County Blog Still Kicking Up Dust To Obscure OC Fair Monkey Business

Gas? What gas?
Gas? What gas?

Today Red County blogger Matt Cunningham ran true to form, wasting thousands of keystrokes on another weirdly irrelevant post about the OC Fair, once again failing to even mentioning the fact that Fair Board members met in secret to organize a “Foundation” to buy the Fair; that a few days later they voted to hire a “consultant” to lobby the Governor’s office to include beneficial language to a potential RFP ( paid for by the public); that the so-called consultant (not publicly chosen by the Board), Dick Ackerman, was legally barred from lobbying at the time; that the County Counsel, Nick Chrisos has written a letter to the State Attorney General’s office (a facsimile of which was posted on this site) questioning the above mentioned activities; and that the AG has dumped the business into the lap of OC DA Tony Rackauckas. All pretty interesting stuff, you would think, especially for a blog that’s supposed to be about OC politics.

In his latest post Cunningham claims to be neutral on the sale issue, but nobody is buying that load of horseshit. It’s clear he is up to his old misdirection routine – high-stepping for the OC Repuglicans at their very worst.

Searching Cunningham’s own blog archive reveals that he was himself a proud recipient of Fair Board largess, and that he brushed off the misfeasance of Board members who directed hundreds of thousands of dollars worth of free food, drink, and tickets to their pals – pals like Mike Carona, and even to small fry like Cunningham himself.

Is this the only reason Mr. Integrity has failed to even make mention of the funny stuff? Probably not given the fact that some GOP high rollers and Central Committee members are part of the backroom cabal that was obviously playing fast and loose with their authority. His man-crush Dick Ackerman is the “consultant” who seems to have been already hard at work getting the enabling language into the AB22, and who was then then hired to lobby Arnold to get preferential conditions into the RFP.

This fine paragon of virtue has based his little career on looking the other way while his buddies were misbehavin,’ but he can’t seem to understand why he is such an object of derision by so many people, and why some folks are just sick and tired of the Repuglican misrule in this County.

I would do a count-up to see how long it is until the Red County actually does an honest post on the Fair saga, but why bother? I already know it’ll never happen.