FFFF supports causes that promote intelligent, responsible and accountable government in Fullerton and Orange County
Category: Dick Jones
Mayor Dick Jones is a councilmember in the City of Fullerton. He is known for using his position on the council to serve out mindless babble and execute revenge on those who have spited him in decades past.
After watching the Fullerton City Council meeting the other night we had a sort of vague, creepy feeling. At first it wasn’t clear why. We noted the rather startling sartorial choices made by Councilman Dick Jones and a queasy uneasiness crept over the proceedings. Various uninvited images started to crawl into our rapidly firing synapses – Professor Harold Hill, Benny Hill, Benny Hinn; what the Devil was it?
Then it hit us like a rolling thunder from the Gulf of Mexico punctuated with a sharp explosion of illumination over the Texas llano: The Dukes of Hazzard! Dick Jones must have been channeling the ghost of Boss Hogg!
Ye Gods, have you no mercy? On the other hand we’ve gotta admit – the material is priceless – and endless.
FFFF’s seasoned veteran Attorney Bob Ferguson (6-0 record vs. redevelopment scams) knows a blight scam when he sees it, and is relishing the idea of bringing the redevelopment expansion under the judicial microscope. Like a quack doctor intentionally trumping up a diagnosis to jack up his fees, the redevelopment agency’s legal council Jeff Oderman with Rutan & Tucker fabricates blight that doesn’t exist at $400 per hour. Judges will see through this charade, just as they have with many other cities Ferguson has challenged.
One property owner in the affected area said it best–“I’m offended that the City has declared my property blighted, and I just now found out about it. Tell me how it’s blighted and I’ll fix it myself!”
The process limps forward towards a legal battle, with Shawn Nelson and Sharon Quirk in opposition. At least Nelson and Quirk respect the law that they have sworn to uphold.
A classic example of how the redevelopment agency casts a dead hand on parts of our city can be seen at the Northeast corner of Brookhurst & Orangethorpe. A firm that I know has plans to purchase the properties from 6 different owners and assemble the 8 acres for a new development. They have the cash, the experience, the patience, and the price is right.
Now, however, the Fullerton Redevelopment Agency proposes to include this property into its expanded area. The owners are unwilling to sell now because they think the agency will pay more later than the private firm will pay now–which may be true.
In addition, if the agency does a “friendly eminent domain” scam, the owners get tax advantages the private company cannot offer. Of course, the eminent domain may be unfriendly if the agency won’t pay what the owners’ want.
Then, having assembled the parcels, the agency will sell at a discount–or give the land away–to a politically connected developer who will build what the RDA staff wants. Not what the market demands, but what the bureaucrats want.
This kind of micromanaging of property is what the RDA is all about. Instead of letting the market work on its own, the bureaucrats and politicians intervene. Instead of allowing willing sellers and willing buyers to create a privately-funded project–they want to use your tax dollars.
Instead of letting private enterprises’ make a profit–and of course risk a loss–they want to socialize the whole development. This approached has failed time after time.
Apparently, the Redevelopment staff got the word out to those already receiving City funds to get behind this redevelopment expansion if you want to score brownie points and maybe a little more dinero.
Speakers at Tuesday’s hearing in favor of the expansion included Jim Ranii of the Museum Board. Of course, the Museum is not blighted (is it, Jim?) and is not eligible for any funding by expanding the RDA. Muckenthaler Director Zoot Velasco talked of the “hidden blight” in Southwest Fullerton. Let’s hope its not so well hidden when it’s challenged in court. And, Zoot, the Muck cannot receive any future loot, so why allow yourself to be used by RDA staff? Then the folks from OCCLA who want grafitti removal (714-738-3108) and code enforcement (they don’t need redevelopment for either), and the Chamber of Commerce director Terresa Harvey, begging for hand outs for her fellow board members like Scott Dowds (who also spoke in favor). And lastly let’s not forget old Louis Kuntz Sr., who supported the expansion as well. Not surprising, since his son Louis Jr. and the Morgan Company who already got an $18 million public gift (including the gift of a public street–100 block East Whiting) from the Agency for his downtown apartment complex…. maybe there are some more profitable projects looming for him in the expanded area.
Now you know what happened to E. Whiting Ave.
Of course, their pleas had nothing to do with blight. In order to legally declare an area “redevelopment” the area must be blighted.
The process limps forward towards a legal battle, with Shawn Nelson and Sharon Quirk in opposition. At least Nelson and Quirk respect the law that they have sworn to uphold. Stay tuned.
Fans of Evita will remember these lyrics: “When the money keeps rolling in, you don’t ask how. Think of all the people guaranteed a good time, now!”
Well, a lot of people at Rutan and Tucker Law firm have made plenty $$$ off Fullerton taxpayers, especially its redevelopment attorney Jeff Oderman.
Oderman has a record of loyalty to city staff and staff-directed projects, even if it means bamboozling the council (acting as redevelopment agency). Take the City Lights low-income housing project on East Commonwealth (next to the Old Post Office). In 1997 the Agency-assigned developer Caleb Nelson (who was living out of his car) disappeared. The whole deal should have ben sent back to the Council for reconsideration. A request-for-proposal should have been issued to give developers an equal opportunity.
Instead, LA developer Ajit Mithaiwala appears from nowhere to take over the project. Then-RDA Director Chaplupsky starts dealing with Ajit, until council members Norby, Sa and Jones start wondering aloud– “where did this developer come from?” Oderman claimed Ajit was now the developer. Not true, Jeff! Despite demands from the council majority, no document was ever produced showing that Mithaiwala had ever been legally assigned the project. His shoddy construction of LA projects was also a concern.
voila, it's that simple
The council saw past Oderman’s bad advice and voted to end the project. Then, Mithaiwala threatened to sue Dick Jones personally for derogatory comments he made about future tenants. Jones got no protection from Oderman and instead Jones was pressured to change his vote. He did, and the project went through.
In 1999 the City started a breach-of-contract suit against Southwest Engineering, Inc. for non-performance on the Basque Yard remodel. It turned out that Southwest had used Rutan and Tucker to defend itself against a similar suit with another city. For a firm to represent both parties in a lawsuit–even if not the same case–is a serious question of legal ethics. Yet Oderman never told the council, who found out about it from a third source–when it was too late to change lawyers.
Oderman then recommends the City settle with the non-performing contractor, paying Southwest over $1 million.
Now Oderman is giving the council/agency the same bad advice on blight in the proposed expanded redevelopment area. Its passage will lead to at least two legal challenges on the bogus blight findings. County Counsel Attorney James Harman and FFFF’s attorney Bob Ferguson have stated convincingly and repeatedly why the blight findings fail legal muster.
Similar blight findings in many other cities–including Upland, Mammoth Lakes, Diamond Bar, Murietta, Arcadia and Glendora–have been thrown out by the courts. Fullerton’s may well be headed in that direction. Has Oderman cautioned the council about the legal risks? Or is he there to provide cover for the staff and the consultants?
But, what does Oderman care? A lengthy lawsuit only adds to his hourly billings ($400/hr. adds up pretty fast). Win or lose, he’ll still be paid. If Oderman is really so confident about winning the long legal blight fight ahead, then pay him on a contingency!
Please, City Council–hire a lawyer to represent you–not defend staff boondoggles. Until then, the money keeps rolling in for Rutan and Tucker! $400 per hour for 15 years of bad advice.
Dick Jones can’t seem to understand that it is ILLEGAL to expand Redevelopment for the bogus reasons he babbles about. “Blight” must exist in order to legally expand Redevelopment, and it doesn’t exist. This clip is 7 minutes long, but it’s well worth the watch.
Dear Friends, a few weeks back Friends for Fullerton’s Future filed an appeal of the appalling decision by the Fullerton Planning Commission to grant a bogus “special event” permit to Roscoe’s in order to legitimize the ongoing violation of the City ordinance regarding outdoor live amplified music in the C-3 Zone. The appeal was based on the fact that playing live amplified music outdoors is detrimental to the health, safety, peace, comfort and general welfare of persons visiting, residing or working in the neighborhood and is injurious to property or improvements in the area.
We are pleased to inform you that as a result of our appeal, Roscoe’s has withdrawn their application, therefore no public hearing on Roscoe’s appeal will be necessary.
Loyal Friends, on June 16th the city council again demonstrated why the process behind selecting the boundaries of the proposed expansion area are almost completely arbitrary. The council voted 3-1 to remove 7 selected properties from the area.
The criteria employed in the deselection are these:
the properties are on boundaries,
they are not necessary
and the owners simply ask to be removed.
Now some cynical folks might surmise that these exclusions were just done to shut people up, including former Congressman Bill Dannemeyer, in fact we have already suggested that very same thought.
What is inescapable is the conclusion that if these 7 properties are not necessary than they never should have been included in the first place. How many haphazard lines drawn on a consultant draft table include non-blighted properties? The statistics presented by the lone dissenting vote, Shawn Nelson suggest very many indeed.
We suspect the city staff and their consultant are pursuing an age old strategy: grab all you can, get, and then hang on to as much of it as you can.
The Fullerton Observer continues to sink to new lows in its coverage of important Fullerton issues. Or lack of coverage.
In its most recent edition it published a redevelopment article which was simply an interview with RDA Director Rob Zur Schmiede, whose very job depends on RDA expansion. Wow, that’s cutting edge investigative journalism!
The Observer has totally ignored the RDA’s $6 million McDonald‘s move. An evil corporation making kids fat, a giveaway to the rich, money intended for blight going to promote junk food! Fast Food Nation was written by muckraking journalists that the Observer should emulate. $6 million to help McDonald’s make high school kids fatter!
McMore please
The Observer has completely ignored the story that has excited even usually tepid reporter Barbara Giasone. They will NOT embarrass the council majority that it helped elect with their endorsement. Jones, Bankhead, Quirk, Keller were all backed by the Observer.
Could it also be that the Fullerton RDA–is paying for quarter page ads in the Observer?
The Observer has published two pieces by Supervisor Norby expressing the County’s opposition to the RDA expansion, but only afterleaking both articles to city staff in time to write rebuttals. The rebuttals themselves are not fact-checked by anyone and are filled with lies.
In the current July 2009 edition (Page 4) Kennedy bewails the 1994 recall of Bankhead after he “voted to support a ½ cent utility rate increase to keep the city from going bankrupt”. Three wrong statements in one sentence!
is that you Molly?
It was NOT a utility rate increase, but a utility TAX on gas, water, electricity and cable TV. It was NOT a half cent but 2%. It did NOT keep the City from going bankrupt. In fact, it was repealed soon after the recall and has saved us Fullerton tax payers over $ 100 Million dollars over the past 15 years and the City is just fine!
True to form, the Observer has supported every city, county and state ballot measure that increased taxes, most of which went down in defeat. It especially likes sales tax hikes, which disproportionately affects the poor–the supposed constituents of a “progressive” paper.
The proposed redevelopment expansion in Fullerton hinges upon on the city councils ability to discover “blight” in this vast area. Two of the biggest cheerleaders for this expansion of government power are councilman Dick Jones and Don Bankhead who are happy to make the necessary “finding” of blight.
you mean to tell us that blights been going on?
Let us reflect for a moment on the irony of the situation. Bankhead has been on the city council for over 20 years, and Jones has been on it since 1996, 12 years and counting! So what have we got going on here? According to Jones and Bankhead “blight” has been proliferating at a record pace on their watch! So what does this suggest about their competencyto fight blight, are these the guys we want running even more redevelopment?
The whole thing would be sort of comical if the potential consequences for the property owners in the proposed expansion area weren’t so serious.
