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!

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?

Design Review Member Steve Lynch on Jefferson Commons

Stucco, Styrofoam, and lots of it
Stucco, styrofoam, but where's the parking structure?

Greetings Everyone-

I would like to apologize to you for the manner in which I left the meeting last night. I wish I could fabricate a better reason than being absolutely disgusted with JPI Development for their thinly veiled deception of the RDRC and Staff…but I can’t. I felt my blood pressure elevating and thought it was best for me to leave before making any more comments regarding their six shades of shadiness. As you may have guessed by now I believe the JPI group deliberately misrepresented the mass of the parking structure in the colored elevation drawing that they presented to us at the RDRC meeting in which they earned our approval. I also believe it was a calculated move for them to casually slip the actual scale of the structure into the elevations in the construction drawings and hope nobody caught it. If I am not mistaken Heather caught this little “revision” and that is why they were a last minute addition to our agenda last night. If I had to do it over again I would have dug my heels in and tried to sway the other members towards my belief that what JPI presented last night was significantly different than what was approved, however, I felt at the time that would have been futile as the other members didn’t seem too affected by the change. Perhaps in the grand scheme of things none of this is going to make any difference to anybody and the building will get built and the citizens of Fullerton will be none the wiser to what the building should have looked like, but I know, and the sense of satisfaction I once felt for having collaborated on this project is now a bit corrupted. When the minutes are being drafted for last nights meeting I would like the record to reflect my true feelings as accurately as possible.

Jay/ Heather…if it’s not in violation of any policy, I would like this email shared with the other members of the committee.

Regards,

Steve Lynch

Last October, this letter was sent to the Fullerton Observer, but NEVER got published.

Demo update
Demo update

Roscoes at it Again, Temporary Nuisance, Permanent Arrogance

Just what exactly does “temporary” mean? “Roscoe’s Famous” Deli,” and famous noise polluter in downtown Fullerton is back to the Planning Commission Wednesday night to try to get a “special event permit” for outdoor amplified music.

"lyrical elements of apocalyptic fears and collective oppression"
Oh yeah! Mixed-use, baby!

The Planning Commission and City Council already agreed that outdoor amplified music is not a good thing for our community. Allowing loud music to be permitted on a permanent basis will stump Fullerton’s bright future of continuing to become a center of mixed-use commerce and residences as defined by the current downtown zoning (C3.)  If we want our downtown to unfold in a positive direction it’s imperative that we as a community find a balance between business, entertainment and living in the downtown. Its real simple: if you want loud noise you need to put it inside. In fact the city required Tuscany Club to keep it’s door shut during the hours it has its loud entertainment- that sounds like a reasonable idea doesn’t it ?

As usual the City staff has gotten everything ass-backward.

it all depends which way you're facing...
From where we're standing it looks reasonable...

Instead of establishing an objective code and requiring that businesses abide by it, they are actually justifying a likely nuisance as way to experiment with amplified music outdoors, and thus circumvent the existing Code. The taxpayers have just paid for an acoustical study. What are the results? Those results should be used to amend the Code or leave it as is. Then it should be used as a mechanism to approve or deny permits – “special event” or otherwise, and if necessary, code enforcement.  The special event permit also strangely omits hours of operation. That’s pretty negligent, and we wonder why.

Roscoe’s didn’t get approved for a permanent permit to play amplified music outdoors; now they are trying to get a temporary permit to do that very same thing…. Hey that’s very creative, but we don’t think a special event permit should evade that original denial, and we don’t think a temporary permit was ever intended for eight events spanning an entire summer! Can you imagine having a neighbor that continues to have a backyard party with a loud electric band every weekend ? That’s how a lot of Roscoe’s neighbors feel…

It could be worse. It could be Speed Metal!
It could be worse. It could be Speed Metal!

This is the Municipal Code that deals with temporary event permits in the City of Fullerton:

The Fullerton Municipal Code defines a special event as “an event that will be conducted outdoors to which the general public is admitted or invited. Such an event includes a carnival festival tent or car show, circus parade, auction rally or similar kind of temporary outdoor exhibit or performance” (Accents added).

As follows is the roster of Roscoe’s “special event” application-

Roscoe’s Special Events Request List:
Sunday June 14th Bootlegger Bike Fund Raiser. 4-9 pm
Saturday June 20th Silvia’s Engagement party. 7-12 pm
Sunday June 21st Fathers Day Celebration. 4-9pm
Sunday June 28th SOCO Guest Bartender Fund Raiser. 4-9 pm
Sunday July 12th Bootlegger Bike Fund Raiser. 4-9 pm
Sunday July 26th SOCO Guest Bartender Fund Raiser. 4-9pm
Sunday August 9th Bootlegger Bike Fund Raiser. 4-9pm
Sunday August 30th SOCO Guest Bartender Fund Raiser. 4-9 pm

Friends, you decide if this is just a way to get around the rules that all the rest of us are supposed to abide by. Let’s not forget that in the original permanent use hearing the City ignored its own environmental review obligations. Why is Famous Roscoes and its owner, Jack Franklyn, receiving all this special consideration and hand holding from the City? The law is the law. We all live by it everyday, and so should he.

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...

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!

Pam Keller Appears to Like Fake Old Buildings

Pam Keller seems to think it’s a good idea to make the new 6.5 million dollar subsidized McDonald’s look “more like the high school” than a “fast-food joint.” She appears to believe that a visual “upgrade” helps justify the huge expenditure of public money. We don’t think it’s an upgrade at all, but just another example of Redevelopment shoving crappy architecture down our throats. Strike two.

On the other hand, maybe Keller is hoping the architectural “blend” will keep people from noticing that the city spent 6.5 Million dollars on moving the McDonald’s 150 feet closer to the school!

Because of the health concerns caused from fast food, Sharon Quirk is said to be considering changing her vote. Maybe Pam Keller will too.

Read this Recent comment from:

#15 by The Enabler at May 16th, 2009

Right on, Frazier. And thank you Supervisor Norby, for your Fullerton legislative history update on the importance of vote-changing, when changing one’s vote is simply the right thing to do.

In one corner, a huge corporation, under guise of a local businessman; in the other, City of Fullerton, hoodwinked into abetting the feeding of malnutritious food to its young residents! On this issue, I must entirely side with Council members Jones and Nelson. McDonald’s shouldn’t receive ONE DIME from City of Fullerton! Long-term costs upon Fullerton’s citizens to provide financial assistance to this global firm are catastrophic!

By eating this food, Fullerton students become less prepared to excel at school, less productive citizens, and will suffer crippling long-term health problems! Obesity, cardiac distress, diabetes! This isn’t idle speculation, but medical fact! Our Latino population’s particularly susceptible to these complications! Not even to mention high civic costs to clean up paper and plastic waste, which is daily generated from this eatery!

I defend, though not happily, McDonald’s or any firm’s rights to build wherever it wants; pay the going rate, meet all governing local, state and federal rules and requirements.

But it’s just wrong for Fullerton to subsidize McDonald’s operation, in any way. Wrong for Fullerton to favor one company over another. Wrong for Fullerton to justify such future ugliness, in the name of civic beautification. Wrong for Fullerton to victimize its young, to enable old people feel good about themselves. Wrong. Wrong Wrong.

I strongly urge Council members Keller, Quirk, Bankhead to carefully reexamine their votes, and put Fullerton first! Put Fullerton first; provide a safe, healthy environment for its young! Put Fullerton first; cautiously rein in civic waste! Put Fullerton first; focus not on global corporate greed, but on local civic virtue!

Every time Fullerton citizens drive by Fox Theatre, and marvel at its future apotheosis as local cultural shrine, please think of thousands of Fullerton young children, teen-agers, young adults who’ll have paid the price to make this happen. Very soon, they’ll have even fewer steps to pick up their Egg McMuffins, Mcfries, and six dollar dollar Super-sized Big Macs.

It hardly seems possible!

Sorry to be so cranky. But I’m truly flabbergasted by this civic-inspired fiscal imprudence and grave social justice.

The Enabler