To Blog or Not To Blog

Unicorn
I think I can, I think I can...

Back not long ago from Savannah, and now off to grab some work in NYC. Next month it’s another airport, another city, another hope that the little TV in the seat in front of me works. I hope the flight attendants don’t get snarky, and I wish one would give me the whole damned bottle of water rather than offering a little cup. I also hope the TSA doesn’t rifle through my bags and take things. So before I make friends with the seat tray table on Jet Blue, I wanted to mention my thoughts on Councilwoman Keller’s suggestion of a city blog.

If the city wants to blog, fine. There’s always room for more blogs in the blogosphere and there’s nothing anyone can do to prevent it. Doesn’t matter to me what format they take, but a blog without comments really isn’t a blog at all. What she describes is a Q&A page tacked onto their existing website.

After all, what makes blogging relevant and exciting is the participation of commenters who can add to a given topic.

For a very long time, it seems there was one primary means of public communication in this town. Whether or not you agreed with The Fullerton Observer, it was pretty much the only deal out there. There wasn’t a regular outlet for the mass dispersal of a differing viewpoint, so then it seems the slogan of Fullerton becomes, “More, more of the same!”  But one day,  along comes the blogosphere. Suddenly there’s a free and easy way to express oneself.  So the Admin starts it. He’s just a basic blogger, not a techie, but it doesn’t matter. He has about 3 decades worth of stuff to say.  More writers join. The sucker takes off. FFFF is horse with wings. It’s linking to other blogs and soon more and more people know about it and people can’t stop clicking on it because it’s saying so many things that people have felt  for a long time.

It’s like someone said, “Okay, you can talk now,” and a torrent came pouring forth. At times it’s articulate, other times it veers into the lunacy of The Three Stooges. It’s not always a happy, jolly place where the birds sing and everyone holds hands in a permanent Stepford trance. No, there are rants, pouts, and the occasional barfing onto the screen. In other words: welcome to the blogosphere. Once you start, there’s no way of stopping.

The lessons for everyone to remember, but most especially those who detract from the blogosphere, are that it’s incorrect to think blogs have less importance and impact than publications in print. It’s also faulty to believe that blogs exist separate from the rest of the world. In fact, they are a reflection of it. All blogs, including FFFF are a vital part of the community. Their voice is as valid  as any other.

Pam Keller Wants A Fullerton City Blog – But No Bloggers!

Glad you could make it. Now sit down and shut up...
Glad you could make it. Now sit down and be quiet...

During a recent City Council mind unwind, Pam Keller suggested that what Fullerton needs is a city blog. But no bloggers! Here’s what she had to say:

You see, Friends, folks like Pam are all about “education,” not discussion. She thinks that all that the good people of Fullerton need to be happy is to be properly “educated” – by people like her. But Heaven forbid that somebody should post something unwanted, or unexpected, or critical, or true. No. Better to be spoon fed Pam’s pabulum of feel good nonsense.

NEWS FLASH PAM! THE CITY OF FULLERTON HAS A BLOG, AND IT’S CALLED FRIENDS FOR FULLERTON’S FUTURE.

Here we deal with the sometimes unsavory stuff that you’d never read about on Pam’s blog, and that the Observer won’t touch, and of which Barbara Giasone is blissfully unaware. And better still, we offer anybody a chance to opine. We’ve given anybody who wants an opportunity to argue and dispute every single post we’ve ever put up. Now there’s a novel concept!

See, we believe in democracy, even if it’s a little rough around the edges. Pam really seems to believe in bureaucracy. And that’s just the way it is.

City Council Left in Dark Over Fate of Park; Say, Who In Hell Elected That Guy, Anyway?

While watching the youtube clip of David Espinosa tee off on the Union Pacific Park and the comment by City Manager Chris Meyer that the park was being shut down, we got to thinking. The Mayor was clearly not told by anybody that the park was being closed down – observe the standard “we’ll fix it, thanks, move along” comment by Bankhead followed by Meyer’s explanation.

Meyer went on to say that the problem of what to do with this “park” was being passed to the Community Services Commission for ponderment.

And we say: who in Hell gave Chris Meyer the authority to shut down a public park? Why wasn’t the Council asked to make this decision and how come they were never even told about it before the apparent revelation at the council meeting? Who gave Meyer the authority to assign this problem to anybody, let alone a lower committee without even informing the Council of his plans? Why wasn’t this issue agendized and discussed, in public, by the City Council?

These are mostly rhetorical questions, of course. The City’s staff wants to sweep this acute embarrassment under the municipal rug and the only way to do that is not to tell anybody. Even their bosses.

meyersIt also makes us wonder how much else in Fullerton has being undertaken by the City Manager on his own hook. It’s one thing to execute policy laid down by elected officials; it’s quite another thing to start taking on major policy decisions, and worse still, not tell anybody. Unfortunately this situation is symptomatic of two long-standing problems in Fullerton, two problems that fit together like pieces in a jigsaw puzzle.

First is the perfect willingness of our elected city council persons to abdicate their own policy-making responsibility and simply show up for the meetings, the Rotary lunches, the Chamber mixers, and the ribbon cuttings; second is the perfect willingness of the city managers to step into the authority void and run the show any damn way they please. It’s a perverse symbiosis.

This has got to stop. The results have been amply catalogued on the pages of this blog. And they aren’t very pretty.

Victory for Outdoor Music in Downtown

we play for food and drinks
If you don't like our sound you don't have to listen

On Tuesday night, July 7, 2009 the Fullerton City Council finally concluded the issue of Live Outdoor Amplified Noise.  With a 4-1 vote (Pam Keller in opposition for some reason), council members decided that our current sound ordinance will suffice, moving forward into the future. Currently, acoustic music is allowed outside and louder live amplified music is not.  Jones, Bankhead, Quirk and Nelson all voting that the outdoor use of acoustical instrumentation (without amplification) is A-OK, but the use of louder live amplified noise on downtown private  patios on a regular basis is not the best thing for Downtown Fullerton.

It was stated in the sound study that was produced for the city at a cost of $16K that it is very unusual for cities to allow loud live amplified music outdoors on a regular basis. This obviously doesn’t include special events which are permitted under the current city code.  It’s so unheard of that only 3 cities in the whole country where cited as allowing some kind of routine outdoor noise, 2 of them out-of-state. The vast majority of cities allow acoustic (non-amplified) music outdoors while the loud music belongs inside. What a great idea!

We do our best work indoors...
We do our best work indoors...

Cheers for the Council for making a wise decision and preserving the peace in Downtown!

Cheers for the Council for having the foresight to see that over the long run this will encourage positive development in the downtown and promote a healthy business climate for all types of diverse shops and residential dwellings to thrive in downtown.

If you think about it, some types of music just aren’t conducive to being peace and quiet, yet others are. So by sticking with the current ordinance, acoustic music like folk, jazz and blues are encouraged outside while the louder harder stuff is only allowed indoors.

Makes great sense—Good job City Council!

THE BLIGHT FIGHT IS ON

FERGUSON

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.

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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.

The Dead Hand of Redevelopment

Happens every time government meddles with the free market
The hand of Uncle Sam

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.

8uy667yThis 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.

Isn’t it time to leave the free market alone?

Bleeding Hearts Line Up for Redevelopment Cash

bleedh

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.
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.

Jeff Oderman: The High Price of Bad Advice

Rutan T3661222739_afe6cd6f9b

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
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.

Thanks suckers!
Thanks suckers! J. O.

Time to “Rethink” The Fox

1934cornerview

Ever since the City of  Fullerton climbed aboard the “Save the Fox” bandwagon, something was just plain wrong.  Somehow the redevelopment bureaucrats inculcated into the public mindset the story that the only way the Fox could be “saved” was by appending it to another massive downtown housing project. To facilitate the latter the city had to relocate a fast food franchise; to accomplish that they had to buy up property on Pomona Ave. at exorbitant prices.

And so the initial make work myth has created a cascade of expensive, almost comical decisions by the city council.

Why was the linkage between the Fox and a new project a quote “myth”? Let’s apply some common sense to the issue. It was assumed (correctly) that the theater was going to require massive subsidy to restore and to operate; but somehow the city believed this loss could be rolled into a larger, profitable project by some private developer, or to be more precise, the city staff believed they could sell this bag of magic beans to the public. Three city council members (Don Bankhead, Pam Keller and Sharon Quirk) are still waiting for the beanstalk to grow.

magic beans, only in Fullerton
magic beans only grow in Fullerton

There is no logical connection between restoring the Fox and the development of any new project! The fact is that whoever developed this “project” will receive massive subsidies from the Redevelopment Agency which will cover the cost of the Fox, developers do not do anything for free.

And so why doesn’t the city at least be honest: come out and acknowledge the cost of restoring and operating the Fox-and if it is deemed a worthy municipal value grant the money directly to saving the Fox. Or better yet why not let the people vote on weather or not to create a permanent Fox restoration and operations budget? Honesty and transparency. Two other civic values.

Roscoe Finally Comes to his Senses

Rosco
Roscoe's illegally constructed outdoor patio

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.  calm