So Who’s Responsible For Downtown Fullerton’s Amerige Court Turkey Project?

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Classic Circus Mid-Evil Revival

June 16, 2009……..Fullerton City Council Agenda

CLOSED SESSION

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?

George knows all about turkeys
...a turkey from day 1

Welcome to Fullerton; Home of The Double Play


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The City bought two “Go Titans” banners and posted them on the railroad overpass above Harbor Blvd. Great! We’re all for the Titans. Titan fans glory in our four College World Series championships. Some recall the 1978 basketball season when we were one point away from making the Final Four, and our 1984 football season when we were ranked in Sports Illustrated’s Top 25 for much of the season, with a final record of 11-1. Banners do liven up a city, inform the public and boost community spirit.

So, why the kill-joy sign still posted at Malvern & Euclid, on the flood control channel fence? malvern-euclid-click_dfbc06f8b92 Like a scolding nanny, it reads “Do Not Post Banners On Fence.” This has long been a convenient and inexpensive way for youth sports, churches and community groups to advertise their sign-ups and activities. It is hypocritical for the city to post a banner above Harbor, but ban signs at Euclid. If the Titans want to maintain baseball supremacy, the prospective Little League dad must know how to sign up his junior slugger—and for decades moms & dads read the banners at Euclid & Malvern for just such updated info.

Safety concerns must be weighed, but a loose banner above Harbor will fall onto oncoming traffic. A loose banner at Euclid & Malvern will fall onto the sidewalk—or into the urban runoff in the channel. At Euclid & Malvern, the fences are low enough so the banners aren’t blocking anyone’s and since their on the south side of the street, motorists don’t even need to look their direction to check cross-traffic.

do not postmedia-card-blackberry-pictures-img00471-500x375We’re all for a Titan banner on Harbor. But we’re also for the Little League and all manner of other banners on Euclid. That scolding warning sign is deterring community groups from getting their message out. You can bet it won’t deter politicians from their bi-annual blossoming of yard signs.

New Police Chief Promotes Open Government

In the spirit of open government, Fullerton Police Chief Mike Sellers made a promise to publicly disclose internal department policies and procedures on the city website.

chief-mike-sellers
We're always looking for new Friends

Even before Chief Sellers joined the Fullerton PD last month, there were musings of his strong stance on community-oriented policing. It sounds nice, doesn’t it? After a month on the job, it was time to put the PD to the test.

I made a quick request for the department’s taser policy in preparation for an item on the council agenda that would allocate $40,000 for new tasers. Chief Sellers’ initial reaction was the best that we could hope for… his command staff even offered to bring the policy by my house so I would have it in time for the meeting!

Unfortunately, we suspect that someone else at the department noticed my FFFF membership card because officer friendly was then told to deny my public records request. Perturbed by this sudden reversal,  I informed the chief and city council that the issue would be brought up at the city council meeting that night.

By the time I had spoken at the meeting, Chief Sellers had taken a stand and informed everyone that internal department polices would be available to the public and posted online.

The Chief knows there are loopholes in public record law that allow police departments to shut out the public, but Fullerton can rest easy knowing that FFFF and Chief Sellers have solidified their right to observe the inner workings of our government. And that’s how it should be.

An Open Letter to McDonald’s Franchisees Mr. / Mrs. Frisbie

Do not enter into negotiations with the Fullerton Redevelopment Agency to move your McDonald’s restaurant 150 feet west to the Chapman / Pomona corner. Stay put.

There are many reasons for you to stay where you are. You some of them you know better than we do. But we have some political insights that might be helpful.

  1. To force you to move against your will, the agency must use eminent domain, which requires a 4/5ths vote. With Nelson and Jones already having voted against the move, the votes for eminent domain aren’t there.
  2. Besides, there’s every indication that Sharon Quirk will change her vote. That would make it 3-2 against granting $6 million for the move.
  3. The reconfiguration of your restaurant will hurt business, confusing regular customers who will have to access your drive-in window from Pomona Avenue.
  4. The agency will confine you into a “new-to-look-old” building that will look nothing like a traditional McDonald’s. Many of your patrons will not be able to recognize you.
  5. McDonalds’ trademark signs and golden arches will not be allowed in the new building provided by the agency, confusing and discouraging regular patrons.
  6. You have been, are and will be criticized for accepting $6 million in public money. We know you don’t want to move, but if you accept it, the public will see it as corporate welfare.
  7. The move will likely result in down time, costing you money and customers.
  8. When there are cost overruns (inevitable in public projects) the Agency may be slow to reimburse you for your costs. Those costs may be disputed.

This move is completely unnecessary for you from a business standpoint. You’d said during the hearing that long ago then-Redevelopment employee Terry Galvin told you the city wanted you to move. Galvin didn’t speak for the council then and he certainly doesn’t now.

Terry Galvin has retired. There is a whole new council majority. Nothing obligates you to go along with this deal.

And, there are not the 4 votes needed for eminent domain. You cannot be forced to move. Stay Put!

“NO TO BIG GOVERNMENT!”

In response to County Counsel’s objections to the original blight findings, the staff report asserts that “these parcels if developed will need to be assembled with adjacent properties to create a sufficient development parcel. Because these parcels are in multiple ownerships it becomes more difficult to assemble into a desired development site.”

My brother and I assembled 27 irregular shaped parcels along Truslow & Walnut Ave. without any RDA assistance. No subsidy, no eminent domain. The result is the Soco Walk transit-oriented condo complex.

OC's Priemier Transit Oriented Development
OC's Premier Transit Oriented Development

Many subsidized in-fill projects made possible by eminent domain are failures, because they respond to government hand-outs rather than market realities. Up and down California there exist many Ghost Malls (Triangle Square / Costa Mesa, Carousel Mall / San Bernardino) built on the backs of dispossessed property owners and fleeced taxpayers.

Let’s not suffer the fate of Santa Ana’s “Renaissance Plan” with numerous agency-owned vacant lots (where home and businesses once stood) have festered for years of bureaucratic inertia. There are many other such examples.

Redevelopment staffs abhor small business districts with multiple ownerships, because they cannot control them.

I will have a fundraiser for you after you vote on my project
Remember, staff always knows best!

They tarnish them with the blight label and threaten them with eminent domain to benefit some politically-connected developer who makes a killing before selling out and moving on.

Who thinks that government officials can do a better job of redeveloping areas than private individuals using their own money and taking their own risks? Bottom line: Do you trust the free market or city staff to make crucial development decisions for Fullertons future?

(More) Tasers About to Hit the Streets of Fullerton

Tonight, the city council will consider the acceptance of a $41,410 Justice Assistance Grant (Homeland Security stuff) to purchase 35 tasers for the police department. Do we need tasers in Fullerton? Judith Kaluzny raises some good questions in this letter to the council.

jkcl15047_150Dear City Council Members:

I see you will consider the purchase of 35 taser guns, number 8 on June 16 agenda.

Tasers have been outlawed in several states, including New York, Rhode Island, District of Columbia, Hawaii, Michigan, Massachusetts, New Jersey, and in a number of cities, including Chicago, Baltimore, Indianapolis, and Philadelphia.

The use of tasers can lead to lawsuits for cities.  There have been many lawsuits over mis- or mal- use. Do  we really want to get into this dubious technology?

Judith A. Kaluzny, Mediator and Lawyer
www.judithkaluzny.com

The new ones are even better.
Smile now, cry later

Amnesty International provides a few examples of taser abuse:

  • December 20, 2007, Daytona Beach, FL – Elizabeth Beeland was struck by a Taser after she became loud and unruly at a Best Buy store. Video
  • November 14, 2006, Los Angeles, CA – Mostafa Tabatabainejad, a student at UCLA, neglected to show his student identification card at the library. He was then asked to leave, and when he refused he was struck by a Taser multiple times. Video
  • September 17, 2007, Gainesville, FL – Andrew Meyer persistently questioned Senator John Kerry at a university forum. University of Florida police tried to escort him from the auditorium and later struck him with a Taser for resisting arrest. Video

Let Commonwealth Be Commonwealth

There are 154 small businesses along West Commonwealth in the 2 1/2 miles stretching  from Euclid to Dale. Many are run by entrepreneurs who own their own property. This variety of small business owners is why City Staff is declaring it blighted in their attempt to hoodwink the council into including it into a new redevelopment area.

The Atnip Bld.
The Atnip Bld.

In response to County Counsel’s objections to the original blight findings, the staff report asserts that “these parcels if developed will need to be assembled with adjacent properties to create a sufficient development parcel. Because these parcels are in multiple ownerships it becomes more difficult the parcels into a desired development site.”

Huh?

These parcels already ARE developed into a variety of small businesses, ranging from coffee shops to body shops, from florists to machinists, from preschools to flight schools. Staff sees this as blight. The new RDA seeks to “assemble” (under threat of eminent domain) these parcels, clear out the small businesses to “create a sufficient development parcel” under one ownership. And that’s not good for Fullerton.

One Commonwealth business owner (Aeromark) has already opted out, fearing consolidation of his small parcel. Other owners, beware!

What idiot would call  this "Blight"?
What idiot would call this "Blight"?

No, West Commonwealth is not Irvine. Some planners may dislike the very variety that makes it interesting. But there is an edgy realism there, of small hardworking people actually producing goods and services for their customers–not because of some government mandate. The report goes on to say “development proposals are not financially feasible because acquisition costs have increased over the years rendering in-fill projects to be infeasible in many cases without redevelopment assistance.”

Let Commonwealth be Commonwealth!

New Blight Report: “Fullerton Airport Unsafe”

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"Breaker breaker there 1-9...it's unsafe to land here, over"

Lawyers for the Fullerton Redevelopment Agency have a tough job in trying to defend the bogus blight findings that have been so effectively demolished by County Counsel Attorney James Harman and Friends for a Livable Fullerton‘s & FFFF Attorney Robert Ferguson.

They just came out with a weak 14 page response to the blight objections, in preparation for the scheduled hearing this Tuesday, June 16 (Item 14). If the council has any sense, they’d shelve this turkey project now.

"but we need the money"
but, we need the money

Imagine, Fullerton Council Members, some of whom have been in office since the 90s, spending public money to prove that blight in Fullerton is growing. Blight growing on their watch!

One Page 11 of the Agency’s response, the report reads “Significant improvements are needed at the airport and its vicinity, including safety upgrades. The airport is affected by the lack of safety upgrades…”

Huh?

Admitting that its own airport is unsafe opens the City to serious liability. And if it is true, upgrades should be paid for by internal airport revenues (leases, tie-down fees, etc.) Property tax increment shouldn’t pay for airport upgrades, any more than for municipal golf course improvements. The airport is setup as an enterprise fund—self supporting.

The report clearly asserts that Fullerton Municipal Airport is blighted—and dangerous. If true, who allowed this to happen? If the airport has to be subsidized by redevelopment, than perhaps it should be shut down and sold off.

SoftLand met SoftLand TS 024.jpgOn Page 12 of the report, the crack Agency legal minds write: “Sam’s Club—This store is completely surrounded by properties with at least one significant condition of physical blight.”

Well, tell that to the Home Depot, which is adjacent to Sam’s Club, and one of the City’s biggest retailers. The City’s biggest home improvement center is now a source of blight!

The report is so full of blanket and sweepingly false statements that is difficult to fathom the legal minds behind it. But, then, if the facts aren’t on your side, you have to make them up!

Roscoe’s Famous Nuisance Appealed: Showdown at City Council!

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Well, somebody had to do it...

So we did it. Friends for Fullerton’s Future has appealed the appalling decision by the Fullerton Planning Commission to grant a bogus “special event” permit to Jack Franklyn’s “Roscoe’s” in order to legitimize his ongoing violation of the City ordinance regarding outdoor amplified music in the C-3 District.

Yeah, baby! Mixed use!
Yeah, baby! Mixed use!

We’ve been over this already so there’s no need to rehash all the details except to say that for some reason the City has been complicit in this ongoing permit-dodging scandal: no permits, no code enforcement, a cooked-up noise study, a phony special event permit. The list goes on and on. Now the City Council will be able to weigh in on the subject. We expect lots of chit-chat but the real issue is so simple: the law says you can’t do it! If you want to change the law, then do it. But not before all the necessary CEQA responsibilities are met. And that means an EIR!

Will it say what we want it to say?
We paid for it. Will it say what we want it to say?

CITY SIGN CENSORS HIT EUCLID

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For as long as we can remember, community groups have hung banners on the fences at the corner of Euclid and Malvern. So, what’s up with the new “Do Not Post Banners on Fence” sign? Who put it there? And why?

The fence has long been used by youth sports teams, the Muckenthaler, the Farmers’ Market, local churches and cultural groups to publicize community events to passing motorists. Now they are being scolded with the “No Banners” warning.

As the fences are along a flood control channel, we suspected the County put the sign up. But according to a June 9 memo from OC Flood Control Director Nadeem Majaj, the fence is city-owned and the warning sign was installed by city staff.img00468

Why? There is no record of this ever having been before the City Council. Is this a precursor to a banner ban at other similar locations? (Yorba Linda & State College, Gilbert & Malvern, etc.)

The council should order this sign removed. The “Do Not Post Banners on Fence” will continue to taunt motorists with the heavy hand of city government, denying community groups their long-held location for needed free publicity…. Until the council takes it down.