FFFF supports causes that promote intelligent, responsible and accountable government in Fullerton and Orange County
Category: Don Bankhead
Mayor Pro-Tem Don Bankhead is a councilmember in the City of Fullerton. In his spare time he enjoys playing with toy trains and pretending to be a fiscal conservative.
Now pay attention to the legend of Don Bankhead in Fullerton…
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 In fact, it was repealed soon after the recall and has saved us Fullerton tax payers over $ 100 Million dollars over the past 15 years and the City is just fine!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.
Hey Pam, put your hands out and see if you can catch this, ready
Dear Friends, we have spilled a lot of cyberink on the subject of the McDonald’s relocation fiasco, and it really seems to us that it is about time for our elected leaders to explain just what is going on and how they got to this point.
No doubt Bankhead, Quirk and Keller believe that they are simply following an inevitable path dictated by years of planning and simply can’t be altered.
Knock-knock! The contract hasn’t even been voted on yet! It’s scheduled to come before the Council/Agency July 7th. Until then, there is no inevitability, only careful deliberation….we hope! You’re rubber stamps for the daydreams of long-departed staffers! You were elected by US to be stewards of our cash. Is this the best use of $6 million of OUR $$$?
When you are spending $ 6 million to move a fast food franchise 150′, you had better be damned sure why you are doing it, and you should be able to explain clearly why there are no better alternatives.
We suggest that it is high time for a complete review of the entire Fox project history, strategy, and consequences, especially while there still may be time to consider intelligent alternatives.
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.
Fullerton has terminated a dubious partnership with failing red light camera vendor Nestor Traffic Systems after the contract for operation of the cameras was declared to be illegal by an appeals court last year. It’s a long story, but stick with us as we tell this tale of inept vendor selection and blatant disregard for the law in Fullerton…
The end of an error
A long time ago, Fullerton signed a contract with Nestor Traffic Systems to provide red-light cameras throughout the city in an attempt to increase ticket revenue and reduce accidents at popular intersections. At the time, the contract included a clause that allowed the city’s payment to be negotiated down if ticket issuance was lower than expected.
Just about anyone could see that the vendor now had a financial incentive to keep the number of tickets high — that’s a problem. At the time, case law had already dictated that vendors could not benefit from the number of red light tickets issued. Eventually these rulings would become codified into state law.
When the city inquired about how this new California law might affect the contract, the vendor essentially said “Don’t worry, we’ll change it if we get caught.” Sound familiar? That’s how it goes in Fullerton. So our representatives carelessly signed on the dotted line and the police department kept giving out red light tickets illegally.
It didn’t take long for one angry citizen to file a lawsuit, and in 2008 an appellate court ruled that the tickets were being given out unlawfully. Issuance of red light tickets immediately stopped.
After the city lost the appeal, a whirlwind of suspicious events transpired:
Failure to Appear – The city of Fullerton didn’t even know that they had lost the appeal until the Register called them for the story. It turns out that the city never showed up for the appeal. The city’s crack legal team at Jones and Meyers attempted to have the original ruling overturned by filing a 26-page Writ of Mandate in May. The request claims that the Fullerton PD was never serviced with a notice of an appeal, even though the court docket says otherwise. The PD’s request was denied, and that’s the last we’ve heard of the case.
The Right to Remain Silent – For the council meeting on 2/3/09, the city staff put together an amendment of the Nestor contract to end the city’s lawbreaking ways, as other cities had already done. But when the item came up for discussion, city manager Chris Meyer mysteriously got cold feet and proposed that the item be moved forward “to a date uncertain”. The council instantaneously and unanimously agreed to put this item off without further questioning. In fact, the council moved so quickly that a gentleman named Dr. Arnold Vagts had to demand his right to speak on the issue later that evening. Why were they so quick to sweep this item under the rug? It turns out that Dr. Vagts had sent a series of emails earlier in the day threatening a class action lawsuit against the city, demanding that the city return all illegal ticket revenues to the victims. If not, the city risks “millions of dollars in lawsuits”, according to Vagts.
Last week our Friend at HighwayRobbery.net made a records request to find out how much the city had spent on legal fees to fight this lost case. In a written reply to a direct question, Sgt. Steve Williams said “No legal council (sic) was retained to prosecute the case by the Fullerton police department.” We believe this to be either a blatant misdirection or perhaps an outright lie, since the city’s contract attorney did write the aforementioned 26-page writ for the case. Lawyers don’t work for free.
How much is this legal wrangling costing us? Why is the city spending time and money to fight a lost court case? We suspect that the legal liabilities and risk of expensive lawsuits are piling up while the city tries to keep this issue quiet.
To top it all off, a successful class-action lawsuit against the city would probably leave taxpayers holding the bill for years of red light revenue, as it is unlikely that the city will be able to turn around and sue Nestor for their part in this tragedy. The company has severe financial problems, including a recent descent into receivership and failure to pay subcontractors for the installation of additional cameras in Fullerton.
When we lose a class action lawsuit, who will pay? Will anyone admit error and appologize for wasting our time and money? Stay tuned as more scandelous details come to light.
Word has it that Don Bankhead has endorsed Hieu Nguyen for Clerk-Recorder, joining Dick Ackerman’s anti-Norby jihad. This is a slap in the face for the lone councilman who supported Don’s quixotic bid for Sheriff back in 1990. Ackerman supported Brad Gates, who easily turned back the Bankhead challenge.
Don was first elected in 1988 with the promise that he–like Norby–would back Molly McClanahan for Mayor (an Ackerman/Catlin/LeQuire triad had blocked her for years). That broke the annual mayoral controversy and restored the rotation that continues today. So Norby and Bankhead began as buddies. Norby even endorsed him as late as 2002, much to the ire of some longtime loyalists.
For Don, though, it’s still all about his being recalled by Fullerton voters. Norby opposed the utility tax passed by Bankhead, Catlin and McClanahan which led to their recall in 1994. He’s been sore ever since. Norby did not actually support the recall, but his later hiring of organizer Bruce Whitaker is a constant reminder of the utility tax/recall fiasco, foisted on Fullerton by then-City Manager Jim Armstrong.
Yo G, what does 1+1=
Other Hieu backers with grudges against Norby include: La Habra Councilman Tim “Taxman” Shaw (mad at Norby for pulling his endorsement when he supported the 1/2 cent LH sales tax hike), State Sen. Mimi Walters (mad at Norby for supporting Harry Sidhu against her), Ackerman (mad at Norby for beating his hand-picked council candidates) and Cynthia Coad (mad at Norby for beating her for Supervisor in 2002). It ain’t no secret, the Republican party is the party of grudge holders.
The fact that County Counsel is actively opposing the proposed redevelopment expansion further fuels Bankhead’s bile. Perhaps, Bankhead thinks the County should just lay down and let the RDA steal the County’s money for that all-important Commonwealth blight fight. But, it appears the recall is what really keeps galling Mayor Donahieu.
Ms. Quirk, are you going to change your vote to spend 6 million in tax $ to move McD's 150'?
Sharon Quirk told me she was going to change her vote on the McD’s. She was disappointed in the way the staff presented no alternatives to leaving the McD’s at it’s current location. She has also told a good friend of ours the same story.
The $6 million McDonald’s move has become a community laughing stock. Even reporter Barbara Giasone, with a long record of fluffy features, ripped into the vote, and followed up with coverage of FHS student opposition.
Any council member voting for this is subject to an easy hit piece which could be the center of an opposition campaign. “Quirk / Keller and/or Bankhead spent $6 million of your tax dollars to move a McDonald’s 150 feet west–across the street from Fullerton High.” This issue will resonate with both fiscal conservatives (wasting $$) and social liberals (big corporate bail-out).
Changing your vote, Council Member Quirk, is the right thing to do. If you want the Fox project to succeed, put the money into the restoration, not to move a fast-food outlet!
The McDonald’s franchisee doesn’t want it. The high school administration doesn’t want it. And you can bet Fullerton voters aren’t going to like it when you get hit with it in the next election (same for Keller and Bankhead).
Run for the hills, them darn taxpayers are on to our scheme
It takes a lot to keep the eight full time redevelopment staffers busy. With the economy tanking, widespread commercial vacancies and developer money drying up, the wheeling and dealing–at taxpayer expense–is a thing of the past!
Falling property values mean tax increment revenues are slowing to a trickle. Even the bond market is looking murky for RDAs.
So what’s a bored staff with a lot of time on its hands to do? With the only recent feather in their cap (a black eye) really is the $6 million McDonald’s move (150 feet west, right across from Fullerton H.S.) They need more self-justification.
Hence, the 18-month effort to expand the Fullerton Redevelopment Area by 25%, All the hearings, studies, consultant reports and pricey legal advice could keep any self-respecting bureaucrat busy in justifying their jobs. Never mind that the proposed new area does not meet the barest minimum legal justification for blight. Never mind that the County of Orange has found the legal backbone to oppose the $20-30 million in theft from its general fund.
Never mind that none of the hundreds of businesses affected have requested any redevelopment subsidies, nor the use of eminent domain to purloin property from their neighbors. Never mind that the state is moving to recapture lost redevelopment money.
Turf protection and self-preservation is the first law of any government agency or bureaucracy. The redevelopment staff has a tough charade to maintain. They must pretend that thy are curing blight while at the same time trying to prove that blight in Fullerton is actually growing.
Once a bold master planned development with a pioneering spiritNow, the pioneers are gone and so is their spirit
Why did the City Council vote to extinguish several office buildings, all which contributed to Fullerton’s business zone and stock of professional offices, as well as our historic built environment? Besides a crappy deceitful plan called Jefferson Commons for more student housing on a private college campus, the city lost a huge asset, one that helped create the historic character of East Fullerton for the past 50 years. Shame on them!
Correction to this post: I have been informed that the project cannot legally be exclusively for students, despite the council repeatedly calling it “student housing”. It is a private development, and they cannot discriminate against non-students who want to rent there.
Item 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR – Per Government Code
Section 54956.8
Property: North and South Block of 100 West Amerige Avenue,
Fullerton, CA
Agency Negotiator: Rob Zur Schmiede, Director of Redevelopment and
Economic Development
Negotiating Parties: Richard Hamm, Pelican-Laing Fullerton, LLC
Under Negotiations: Price and terms
The Laing of the LLC is John Laing Holmes. Laing is a home builder with a reported debt of $500 million to $1 billion and is in Chapter 11 receivership. And furthermore, the word on the street is the front men of the LLC Hamm & Pellican are also on the verge of financial protection.
Exactly what kind of negotiations could our financially unexperienced City Council be doing with a group of financial wizards who are running amok in debt? When is the Redevelopment Agency going to realize the housing market has collapsed? If this project goes forward it will be a financial wreck for Fullerton.
Dear Friends, how many of you realize Pam Keller, Sharon Quirk, Don Bankhead and Dick Jones have already voted to place the Fullerton tax payers on the hook by guaranteeing the developer who’s in bankruptcy a 15% profit? Who besides us are willing to admit this project was a turkey from day 1?