The Fox Theater Fiasco: Pick A Card…Any Card…

Gee, what a choice!
Gee, what a great choice!

No, not that one!

That’s the way Redevelopment likes to choose its favored developers. A kabuki-like pantomime is undertaken by issuing an RFP (Request for Proposals). In the end the process presents the decision makers with a choice that is essentially no choice. To illustrate the point, Loyal Friends, we go back in time almost ten years to examine how the “Save The Fox” movement got off to a rousing start.

let's hope we don't end up going around in circles...
Let's hope we don't end up going around in circles...

In 1999 after catching the wave of the Save The Fox movement, the City issued an RFP for private developers to take over the job of restoring the Fox and developing the adjoining area. The City had committed to build a parking structure and hand over other developer goodies. Proposals were received in August. In October the Agency was presented with the lucky winner, Staff’s choice – “Berkman/Chaffee” a local restaurant owner and a politically-connected lawyer turned low-income housing credits entrepreneur. Paul Berkman was there to provide credibility to run a “dinner theater” and Doug (Bud) Chaffee’s job was to look like a land developer. The only problem, as it soon transpired, was that Berkman refused to promise a dinner theater, only movies. And Chaffee had never “developed” anything but heavily subsidized housing.

Good Lord that's awful...
That isn't very good, is it?

To complicate matters a second proposer named Dana Morris of Morris productions, who believed himself to be in the running, actually showed up at the meeting  desiring that the elected officials, not staff, decide who might get the gig. His idea was to create an performing and fine arts academy on the site that would, in turn, generate all sorts of ancillary business opportunities downtown and not compete with existing businesses.

To the acute embarrassment of staff, Morris managed to organize a slew of supporters, including a backer who promised to help finance the venture. They asked for more time to prove their bona fides.

On cue, some of Fullerton’s usual lefty suspects got up to promote Berkman/Chaffee although their proposal was dubious, at best, and despite the fact that neither partner had any experience doing what they claimed they were going to do. There were strong undertones of religious bigotry pulling their adherents along, for it had become known that that Morris was affiliated with BIOLA, and in some peoples’ minds that was anathema.

Nuh-uh. Not in our city!
Nuh-uh. Not in our city!

To add hypocrisy to the mix, people who had never shown a dime’s worth of concern when the City acquired property in downtown Fullerton were suddenly horrified by the thought of a non-profit foundation paying no property tax!

The council finally voted 4-1 (Flory dissenting, naturally) to continue the item so that Morris could clarify certain financial points in his proposal. In the intervening time, as Morris later told us, he was treated with such overt contempt and continuing hostility by Redevelopment Director Gary Chaplupsky that he finally abandoned his proposal as simply not worth the aggravation. We have only his word for what happened, but given the Redevelopment Agency staff’s propensity for prevarication over the years,  we are inclined to accept it. And so a plausible concept for the Fox was lost because the staff did its level-best to thwart a reasonable proposal and award the deal to their favored team – the team that could be counted on to play ball.

Gee, Paul, I don't remember this being so hard...
Gee, Paul, I don't remember this being so hard...

And now Patient Friends, we finally return to our title. At the hearing in October, 1999 it slipped out that of the eight original proposals only two were even deemed worthy of consideration; and the City Council was never informed that one of the other six actually came from the janitor at the Hub Cafe! Of the two “finalists” it was clear that Morris never stood a chance, thus effectively limiting the Agency’s choices to none. This “planning and activity” as our faithful reader “Jack B. Nimble” characterizes it was nothing but a sham, a fact that later became evident when the Berkman/Chaffee partnership permitted its agreement with the City to lapse, and was never heard from again. And so a feeble concept had gained traction even though (excluding Morris) there was not one credible respondent to the proposal. But in government circles, that’s all it takes to gain momentum!

Here's your card, sucker...
Here's your card, sucker...

Fullerton Gov’t Hates Property Rights – and Kids on Bikes

What’s going on in Fullerton? Many city officials seem intent on “redeveloping” a city that has no blight — even as they have wasted $20,000 in bureaucratic expenses to make sure kids don’t ride their bikes in a vacant lot. As the economy worsens for everyone, the city just can’t get its priorities straight.

First, the redevelopment absurdity. The city claims West Fullerton’s commercial areas and East Fullerton industrial areas are “blighted” and wants to redevelop them. This could mean using “eminent domain” to forcibly take property from its rightful owners, then give it to other private owners for a supposedly “better” use. And it could mean using our hard-earned tax dollars to “help” the new owners redevelop the property.

At a recent City Council meeting, City Councilman Shawn Nelson ripped the redevelopment “argument” to shreds. “Clearly, the data has been manipulated, and it’s been manipulated for a purpose,” he said, referring to a report that supposedly proved the areas were “blighted.” He added, “This is not an objective report…. I don’t think that any… objective report would have reached the conclusion that there’s blight.” He pointed out that the supposed “blight” in Fullerton “doesn’t come anywhere near” the threshold set by the California Court of Appeal for imposing eminent domain. Click here for the YouTube of Shawn’s comments:

Second, the Fullerton Code Enforcement Department spent $20,000 and countless hours of staff and attorney time prosecuting local businessman Tony Bushala (admin) for allowing his sons and their friends to ride bicycles on three acres of vacant land he owns behind the Brea Dam. The bureaucrats grandiosely called the vacant lot “outdoor recreational facilities.” Will they next also call every home driveway in the city “outdoor recreational facilities” — and ban kids from using driveways to ride up to park their bikes in the home garage?

How silly. Isn’t it better to have kids riding their bikes on private property owned by one kid’s dad, than to have them hanging out somewhere else, possibly getting into mischief? And that $20,000 in wasted tax money could have meant half a year of work for someone in the private sector — instead of staying in an unemployment line in this severe recession.

After various bureaucratic wranglings, the Appeals Board found that “no nuisance exists.” But the bike incident produced an incredible 47 pages of documents. What a waste.

These are serious economic times. The go-go days are over. We need to save our money, both private and public. The city needs to stop attacking the private-property rights of citizens, whether by threatening to take their property through eminent domain, or by stopping kids from having innocent fun on family property.

Leave us alone!

Is there a Drought of Qualified Candidates to Represent Fullerton on the MWD?

"The Drought is not over" Jim Blake
"The drought is not over" - Jim Blake

For 21 years, Jim Blake has represented Fullerton on the Board of Directors of the Metropolitan Water District. He was appointed back when Reagan was President at the urging of Councilman Buck Catlin, and is supposed to help oversee MWD’s $2 billion annual operations, bringing and distributing Colorado River water into Southern California.

Blake’s re-appointment every 4 years has been rubber stamped by the city council, without interviewing other potential candidates. Why? Can anyone possibly believe he is the only qualified person in Fullerton to hold this position?

I'm still waiting for that interview
I'm still waiting for that interview

This must stop now.  Special district members who have been on their boards too long end up representing the bureaucracy – even if they didn’t have this inclination to begin with.  And Jim Blake has always been of this mindset. He has endorsed nothing but liberals and RINOs for Fullerton City Council – just the sort of people that slavishly support bureaucrats and are likely to reappoint him!

We need a new face at the MWD. Someone who can approach water issues with a new and independent perspective. Our next representative on this powerful 37 member board must be interviewed and thoroughly vetted by the council. Applications must be solicited  from throughout the city.

The job of MWD Director is a demanding one without pay, with many trips up to its L.A. headquarters. No appointment should be rubber stamped. There are a lot of knowledgeable, talented people out there who need the opportunity to step up.

New blood, new ideas and new voices – let’s hear from them!

The MWD Directors Executive Committee struts its stuff...
The MWD Directors Executive Committee struts its stuff...

In the City of Galvin

When we heard Mr. Frisbee mention former Redevelopment employee Terry Galvin’s  name at the recent Council meeting regarding the McDonald’s boondoggle, we started to reflect on the span of his career.

Even though he has been retired for several years, Galvin’s influence still pervades almost every downtown debacle and disaster – including the ongoing McDonald’s relocation and the disgrace of the poisoned UP Park.

We though it might be fun to trace some of the highlights of Terry’s 25 year Redevelopment career to illustrate the influence one person can have over the lives and wealth of so many:

  1. Harbor Blvd. Removal of parking
  2. Construction and removal of concrete trestles along Harbor
  3. Pansy Law subsidy
  4. Bank of Italy demolition/acquisition
  5. Knowlwood Corner fiasco
  6. Depot North platform design failure and cover-up
  7. Allen Hotel blight-to-blight fiasco
  8. Permanent disfigurement and illegal remodel of original Masonic Temple building
  9. SRO catastrophe
  10. Eminent domain for now long-gone Toyota dealership
  11. Acqusition of UP (aka Paseo) park property & right-of-way
  12. Brick veneer and stucco on dozens of significant buildings
  13. Conversion of downtown Fullerton from commercial to high density residential
  14. Slotsy’s Depot platform embarrassment and cover-up
  15. Interference in contract @ Dean Block bld.
  16. The Depot ceiling screwup

To us the most interesting question about Galvin’s reign of error was how he managed to avoid discipline, let alone termination for his string of disasters that adorn Fullerton’s downtown like a string of cheap beads. It could only have happened in an environment free of accountability, and with the complicity of elected officials who not only tolerated this failure, but were also complicit in it.

And that, Dear Friends is why city councilmembers actually keep bragging about what has been “accomplished” in downtown Fullerton; and why, rather than disbanding the Agency, they prefer to expand it!

Judge Jim Gray on Marijuana

Marijuana. Decriminalize, tax and regulate. Makes a lot more sense than ban, spray and incarcerate. Of course, it’s just the dark-skinned ones that we jail mostly. For middle class kids, it’s just “experimentation”!

That was the message of retired Judge Jim Gray at last night’s packed meeting of the Neighbors United for Fullerton at the main library. Gray told the supportive NUFFsters that imprisoning marijuana offenders costs California taxpayers $1 billion yearly and taxing it would add $4 billion to state coffers. That’s a net of $5 billion!

Who are the big winners in the drug war? Prison guards, prison builders, drug lords, dumb politicians and Big Pharma. (Tough to profit from a plant that grows in the wilds!)

Elected officials attending–and positively responding–were Supervisor Chris Norby and Anaheim UHSD Board Member Katherine Smith.

Gray talked about all the costs of the entire drug war, but concentrated on cannabis as the one most likely to see real reform. AB 390 by Assemblyman Tom Amiano (D-San Francisco) would legalize and tax marijuana in California, to take effect only after federal law was changed to respect state autonomy on the issue.

How ’bout it Barack? Would society really have been better off had you been jailed back during your experimental youth?

There are just enough pro-freedom Dems and Reps to form a coaltion. Reefer Madness might soon be replaced by Reefer sanity!

The “Paseo Park” Chronicles: The Park That Never Was. Or Is. Part 3

So far we have chronicled the story of a city park that nobody needed, with a proposed name no one wanted. Once construction was done, what had heretofore been a waste of time and money was soon to take a new twist.

chubby-checker-twist_l
No, not that kind of Twist, Chubby.

It was discovered that a flume of toxic material contaminated the west half of the park.

Oops. They're all empty. Now that's not very good, is it?
Oops. They're empty. Now that's not very good, is it?

Nobody in City Hall had bothered to do an environmental assessment before buying an old piece of industrial zoned property: not Gary Chalupsky the Redevelopment Director; not Susan Hunt the Community Services Director; not Bob Hodson the Engineering Director. All these Directors and nobody was directing anything. Perched atop of this shaky pyramid of incompetence sat Jim Armstrong, just waiting to bug out for the soonest better deal that offered itself. By the time the park was built Armstrong was gone, and his protege Chris Meyers was in charge – and probably damn glad this was Fullerton, where nobody was ever held accountable for anything.

This'll come in handy...
This'll come in handy...

Since 2003 a fence has been set up around the contaminated half of  the park. Meanwhile the City has been wrangling with the Gas Company over clean-up costs. This is now 6 years of embarrassing closure, and counting.  Half the park has been fenced off.

Not much of a park, is it?
A lot of chainlink fence and dead grass. Not much of a park, is it?

Meanwhile, too, the few Fullertonians who were actually paying attention found out how little park $1,500,000 in land and $1,900,000 in construction gets you nowadays: a prefabricated toilet building, among other things. And the City continued its tradition of ludicrous design, for instance a monument sign with its own little roof! How precious!

What kind of genius would put a tile roof on a sign? And how come the tiles are broken?
What kind of genius would put a tile roof on a sign? And how come the tiles are broken?

And as predicted, the half-park attracted just the sort of element you don’t want hanging around your parks and your kids – gang taggers, cholos, and neighborhood borrachos. Fortunately few kids seem interested in playing there anyway.

In the proposed Redevelopment expansion this would be proof of blight!
In the proposed Redevelopment expansion this would be proof of blight!

As this park degenerates we wonder how long it will be and how many consultants hired and studies performed to recommend the re-Redevelopment of this park; or to pave it over for Metrolink parking! Since we know that the City doesn’t like to part with territory once they acquire it, we can only speculate about future foibles in the Never Ending Story.

Read the rest of the Paseo Park Chronicles – Part 1Part 2 – Part 3

Fullerton Redevelopment Agency Working Out the Kinks

This YouTube clip of a recent Fullerton Redevelopment Agency strategy/workshop session is a must see for anyone who wants to see how their decisions are made. The audio has been artfully overdubbed  to protect councilmembers from appearing ridiculous and thus preserving the dignity of their office.

Avast, Landlubbers…And Let Us Spin Ye a Fulsome Yarn; We Be Callin’ It: The Curse O’Quirk’s Cruise

A Three Hour Tour...
A Three Hour Tour...

Back in the balmy summer of 2007, the weather was great – just perfect to spend some time on the water. Lobbyist, front-man, promoter, and all-round cash-conduit Steve Sheldon (not pictured, left) hosted a  cruise on his boat the S.S. Cash Cow around Newport Harbor, to be followed by a scrump-diddly-umptious dinner at a swank Newport Beach restaurant. It wasn’t free. Lucky invitees had to cough up $1000 a piece for the priviledge, and that ain’t chump change. The beneficiary of this lobbyist largesse: Fullerton City Councilwoman Sharon Quirk.

A little Dramamine goes a long way...
A little Drammamine goes a long way...

Now, Loyal Friends, why would Sheldon organize such an event? Because that’s his job! He represented the “developer” of the massive Jefferson Commons project over by CSUF that would require a general plan amendment and a zone change, demolition of historic buildings, loss of OP zoning, and the usual slide-and-glide job on the required EIR. When you’re in Sheldon’s business you don’t take chances, and of course you wheel your bets.

Any way you slice it, Sheldon performed a big favor for Quirk; and guys like Sheldon know it’s natural for nice people to repay favors.

Among the attendees of Sheldon’s nautical shake down included representatives of John Laing Homes and Pelican Properties – the would-be developers of the “Amerige Court” project – another mammoth project that threatens to consume downtown Fullerton.

Environmental impacts? No, we don't foresee any big problems...
Environmental impacts? No, we don't foresee any big problems...

And so (to return to our maritime theme) on one pleasant summer day, the developers of two of the  biggest proposed monstrosities in Fullerton’s history spent a lovely summer afternoon schmoozing with Mayor Pro Tem Sharon Quirk – presumably sharing the wonderful plans they had for the future of Fullerton. There were a lot of good feelings on board that afternoon, even before the sun crossed over the yard-arm.

Love, exciting and new, come aboard - we're expecting you!
Love, exciting and new, come aboard - we're expecting you!

Hardly more than a year had passed before Quirk had voted to approve both these overbearing projects – with their dubious environmental reviews, and the evident negative externalities the get-rich-quick entitlements foisted on the rest of us.

Arrrrrrgh!
Arrrrrrgh! The key to the City! What a deal ya scarvy dogs...

Now, in logic there’s a fallacy known as the post hoc, ergo propter hoc, which means that just because B follows A, it doesn’t follow that A caused B. And we’re not claiming that Quirk’s vote was bought by the high-rolling developers and their front man. Quirk could probably come up with all sorts of reasons for supporting these projects on their own merit. We can’t think of any ourselves, but if you can, Devoted Readers and Friends, please feel free to share them. And if Ms. Quirk is reading this, she, too is invited to explain why these projects are so good for Fullerton. We will be happy to give her response its own post – but only if she promises to write it herself!

Led Down The Garden Path; Fullerton on Track For More Redevelopment

Last night we sat through the horrendous hearing on Redevelopment expansion. It was really a pretty painful thing to have to endure.

fingernails2

City staff and their consultant put on a performance that can only be termed embarrassing. To describe it any farther would do an injury to my synapses, and so I’ll pass. Their presentation was eviscerated by Councilman Shawn Nelson and several speakers from the public – notably former Councilman Conrad Dewitte, former Congressman Bill Dannemeyer, GOP Central Committe member Bruce Whitaker; and perhaps the best of all, Jane Reifer . We note that our lawyer Bob Ferguson showed up too. We can smell a lawsuit coming.

The case boils down to this: you can’t create a Redevelopment project just because you need the money. It’s been done for years, but judges are finally starting to uphold the law. About time.

One of the words that the cheerleaders of the expansion kept using was “tool” and this sure was appropriate since city staff  and the Jones/Bankhead team dredged up a number of tools to come to the meeting and add moral support.

They're all so useful
They're all so useful

There was Theresa Harvey of the Chamber of Commerce who mumbled and stumbled her way through a statement clearly not written by her; a character by the name of Rick (or Dick – can’t remember) Price representing an outfit that goes by the hilarious name “Fullerton Positive” and wears smiley face buttons on their lapels; John Phelps – one of the biggest welfare recipients in Fullerton’s Redevelopment history ; and former councilman Peter Godfrey – who could only be seen from behind. It was nice to see Peter again, if only his backside, to remind us of his vacuous tenure on the council and recall that he was one Linda Lequire whip crack away from voting to keep the obnoxious Utility Tax.

get back in line little man..
get back in line little man..

As expected Bankhead and Jones were shilling hard throughout the hearing, Jones giving one of his brilliantly cuckoo rants complete with crazy gesticulations.

I can keep this up all night...
Once you wind me up and set me down there's no telling where I'll go...

Since Pam Keller recused herself, Sharon Quirk became the necessary third vote and she kept noncommittal, sensing no doubt the political pitfalls of either position. She asked a lot of questions that seemed rehearsed with staff, and acted like she wanted more information from the lame consultant. We have to question her sincerity since she’s already had plenty of time to lay out the ground rules before last night – the proverbial 11th hour. And so we got the strong sense of a kabuki performance. The simple fact is that Quirk could have killed the deal last night. The fact that she permitted the monster to live indicates she will be going for this when it comes back on June 18th.

Villagers, get your pitchforks ready
Villagers, get your pitchforks ready

Fullerton Chamber of Commerce Supports Big Government, More Government interference in Marketplace

Once you check in, you don't check out...
Once you check in, you don't check out...

It seems a little strange that an organization that purports to support the interests of business would allow itself to become an impotent pawn in a game run by and for city bureaucrats. And yet that is exactly what has happened.

This afternoon the City Council received an e-mail from Theresa Harvey, Executive Director of the Chamber in support of the proposed Redevelopment expansion on tomorrow night’s City Council agenda. The letter attached to the e-mail would be comical if there weren’t so many dues paying members of the Chamber who will get screwed by Redevelopment.

img003291
I'm Theresa Harvey and I Have Absolutely No Idea What I'm Talking About...

Harvey starts out by trotting out all the old cliches about infrastructure, housing and business climate. What she utterly fails to mention is how Redevelopment diverts a finite amount of disposable income of consumers from existing businesses to new ones; how it invites bureaucratic interference in business decisions, thus impinging on entrepreneurialism; how it requires business and property owners to endure the idiotic design review process; how it selects favored businesses and “developers” as winners, to the detriment of others. In short: Redevelopment does not work.  it is a government ponzi scheme that leverages bonded indebtedness off of property tax revenue; it discriminates against the majority of businesses in favor of a few; and any policy or program that discriminates against the majority of business is, by definition, ANTI-BUSINESS!

Ms. Harvey decorates her tribute to Redevelopment by citing the “charm” of downtown Fullerton. Anyone who has been reading these pages lately knows that whatever charm Fullerton has, it has in spite of Redevelopment, not because of it. Does she support giving away public sidewalks? Does she approve of squandering millions of dollars to move a fast food outlet 200 feet? Does she like giving away free public land to developers? She must. She must like it a lot.

I Represent the Biggest Business of All - Government!
We're the Chamber of Commerce and We Represent the Biggest Business of All - Government!

You would think that the businesspeople on the Board of the Chamber of Commerce would have enough sense to grasp these simple notions. But when you reflect on the fact that our old friend Dick Jones, a government educated doctor, used to be the president of the Chamber, the institutional dysfunction of this group can be discerned in much clearer focus. The Fullerton Chamber of Commerce has become nothing but a sissified adjunct of City Hall, confusing their own alleged mission with that of the City apparatchicks.

To the members of the Fullerton Chamber of Commerce: stop paying your dues until your Executive Director and Board start defending business instead of government expansion and bureaucracy!