Where’s the Blight?

map1At its May 5 meeting, The Fullerton City Council will consider expanding the city’s redevelopment area by 1,165 acres. This would place nearly 25 % of the entire city under the redevelopment agency, with its expanded powers to use eminent domain, divert property taxes and subsidize development.

State law allows the creation or expansion of redevelopment areas for only one reason—blight.

Blight is a legal requirement. Without it, a redevelopment area can be thrown out by the courts, as has been done with the cities of Mammoth Lakes, Temecula, Glendora and Diamond Bar. Judges are loathe to allow more revenue diversion unless the law is respected. The proposed expansion would place much of Southeast and Southwest Fullerton’s commercial areas under redevelopment. Are they blighted?

picture1The allegedly blighted area abuts my College Park neighborhood, along Raymond Ave. It includes a new Walgreen’s, the original Polly’s Pies and the Albertson’s where I shop. South of the tracks lies the newly-built Valencia Industrial Park, leased to near capacity, and the bustling Home Depot. It includes multinational distribution centers such as Yokohama Tire, UPS, Alcoa Aluminum and the Kimberly-Clark plant.

The council is being asked to declare as blighted all 167 small businesses along West Commonwealth, stretching from Euclid to Dale. All of these business owners must realize that a blight designation automatically makes them subject to possible future eminent domain.

atnip1Also blighted would be the new Fresh’n’Easy shopping center at Euclid & Orangethorpe. The proposed blight includes the Fullerton Municipal Airport and adjacent aviation businesses. It includes unique regional specialty retailers on Orangethorpe like Bob Marriott’s Fly Fishing Store and the Harley Davidson Center, both the largest of their kind on the West Coast.

Urban Futures Inc. conducted the city’s blight report, which studied conditions in the proposed expansion areas. It found that out of 629 buildings, only 5% were deteriorating. Less than 2% of the all parcels are described as incompatible. In the proposed project area, sales tax revenues grew 50% faster than in the rest of the city. There is no blight to legally justify the expansion.

fishing-storeExpansion means the agency will divert even more property tax funds from local government. Statewide, 10% of all property tax revenues are diverted by redevelopment agencies—that’s $5 billion annually. Most of this is at the expense of public schools, which then must be backfilled from the state general fund. But the state is now broke, and the backfills can’t be maintained without the massive new tax hikes proposed for the May 19 ballot. Redevelopment also diverts funds from the city’s general fund with an estimated $100 million loss to the municipal budget over 45 years.

Here in OC, RDAs now consume 15% more property taxes than all of county government. The County of Orange has lost $190 million to redevelopment agencies since 1990. This translates into real cuts in public services. We must defend our public revenue stream against future diversions.

With these funds, RDAs typically assemble land (under threat of eminent domain) and subsidize new retail development. Costco alone has received $30 million in public money just in OC, while Walmart has gotten over a $1 billion nationally in tax subsidies. The promised revenues rarely materialize as sales taxes are simply shifted from one area to another. Subsidized corporate big boxes soak up the sales that used to go to small businesses.

In 1998, the respected Public Policy Institute of California conducted a comprehensive study of redevelopment areas throughout the state. This groundbreaking report “Subsidizing Redevelopment in California” found no net economic benefits that justified the huge public expenditures.

fake-2nd-floor3392135869_b2ae8a32751Compare the three shopping centers at Harbor and Orangethorpe: Metro Center and Fullerton Town Center received massive public subsidies, while Orangefair was built and recently improved with purely private money. Compare the Knowlwood complex at Harbor and Commonwealth (with its fake second story), built with $510,000 in RDA subsidies, next to privately built Stubrik’s and Slidebar.

RDA funds can be used for purely public projects. While a member of the Fullerton City Council, I did vote for redevelopment funding for infrastructure, parks, libraries and the Maple School rehab. maple-school3392113811_21cf1eec3eBut the temptation to get involved in purely private commercial ventures makes city government a major developer and landowner.

Because of site-based sales tax allotment, cities typically use redevelopment to subsidize new retail centers. Auto malls, shopping centers and multiplexes have all been built with public funds. With retail centers now overbuilt and languishing, where is the market for all these new taxable sales? With property values plummeting, when will any additional property tax increment materialize?

Fullerton’s current RDA areas were created when blight standards were vague and unenforced. Subsequent laws require blight to be definitively proven. Judges have little tolerance for city governments simply seeking to expand power and revenue at others’ expense.

As a county official, I’m concerned about redevelopment’s impact on public services. As a Fullerton native, I’m concerned about an official declaration that 25% of my hometown is blighted. If redevelopment really has cured blight in our city, why does it continue to grow after 35 years? If there is no blight, why are city officials so eager to flout the law and denigrate Fullerton’s true condition?ns3392235153_c2af9988b52

At our June 17, 2008 meeting, the Orange County Board of Supervisors voted 5-0 to oppose the proposed Fullerton RDA expansion. The opposition was based on the feared loss of County revenues and County Counsel’s opinion that there is no blight to legally justify the expansion.

LOYALTY LACKING AMONG LADY LIBERALS?

3 birds

We have in our possession a copy of the invitation to Clerk/Recorder (say, what does that guy actually do?) Tom Daly’s March 17th fundraiserthat insiders say will be used to announce his 2010 run for 4th District Supervisor. Chris Norby the Somnolent Supervisor is finally termed out and will be able to snooze on his own time.

Rip Van Norby

Daly, it is said, wants to replace Norby in our hearts and minds.

Prominent on the “host committee” list are the names of uber-liberal Fullerton councilpersons Sharon Quirk and Pam Keller. We make note of this fact only because the name of Anaheim council member Lorri Galloway keeps surfacing as a likely candidate for the same job, and we wonder, why, at this extremely early juncture, our own lovely ladies would tie themselves down to an old-time, one of the boys Democrat like Daly. After all, it was Galloway who stood up for the poor, downtrodden proletariat in the Magic Kingdom.

evil mouse

Anyway, if Galloway goes for it, Quirk and Keller may come to regret their early association with Daly. If this comes to pass we will certainly keep our loyal Friends posted on events.

CITY COUNCIL TURNABOUT STICKS IT TO OLD GUARD

In a surprising move Pam Keller and Sharon Quirk performed a U turn at last night’s council meeting on the subject of commission appointment process. At the “first reading” of a new ordinance the proposal was defeated 3-2, with the support of Shawn Nelson.

Although previously supporting the jettisoning of direct appointments and replacing it with the old, cumbersome interview process, both Keller and Quirk, upon reflection, decided that exercising individual authority and accountability is part of the responsibility of being elected to public office. We commend them for making the right choice.

As expected, council mastodons Bankhead and Jones refused to emerge from Fullerton’s last ice age, and vociferously defended the old interview process in which retired government statocrats such as themselves had a disproportionate amount of influence choosing appointees of like mind and temperament.

The process of filling “at-large” commission seats will now be handled in special council sessions, in public. To which we respond – bravo! Transparency and responsibility!

Someday, perhaps the council will simply abandon these at-large seats and operate with five member commissions, each member of which responsible to his or her elected representative. In the meantime we congratulate the majority of the council for doing the right thing.

FULLERTON CITY COUNCIL VOTES TO EMASCULATE SELF

On January 6th, a 4-1 majority of the Fullerton City Council perpetrated a strange act of self-mutilation, with Shawn Nelson dissenting. It decided to revoke its policy of selecting people to serve on commissions and committees. Instead of individual councilpersons being able to choose direct appointments, they returned to the old system whereby a couple of councilpersons and a commission member conduct interviews and make recommendations for approval by the entire City Council.

So effectively a majority of the City Council chose to disempower itself by abdicating the ability to choose their own direct representatives on commissions.

Now why would politicians give up direct appointment for the diluted old groupthink process? A good question, and one only partially explained by the typical Fullerton city councilperson’s fear of actually exercising the power the electorate has bestowed upon them.

Historically, the old system of interviews meant that certain candidates could be effectively weeded out or ignored altogether. And what was the profile of these undesirables? Independence and a willingness to question the bureaucrats in City Hall were likely character traits; or, to put it another way, the process effectively ensured the type of person who was selected. The latter was inevitably chosen for his or her willingness to be a team player, to go along with the recommendations of “staff” and who could be counted on not to ask embarrassing questions and expect coherent answers.

Furthermore, since the commissioners were not directly accountable to anyone they were even more likely to identify with the staff department that oversees its respective commission, than with any elected official’s policy. This fact may comfort those who find politics distasteful, but it results in a diffusion of authority – a vacuum into which bureaucratic inertia will inevitably insinuate itself.

Appointing people who are safe who through personality type, or can be relied upon to run with the herd in order to protect their business interests would certainly appeal to Dick Jones and Don Bankhead – retired Air Force doc and cop, respectively. It was the retired bureaucrats themselves who always had a disproportionate influence in this system since they had ample time to the interviewing.

We associate this sort of corporate thinking from men once in uniform. But what of the two avowed liberal members of the Council, Sharon Quirk and Pam Keller? Liberal women might not be expected to adhere to the lockstep logic of military teamwork. To them we may attribute a liberal, process-oriented view of things in which the more convoluted an operation is in masticating its material, the more digestible the product must be.

And finally, we must note that the practical consequence of this council’s castration will be to deprive current Council pariah Shawn Nelson with the opportunity to make his own direct appointments to commissions; and since he might actually appoint people likely be independent-minded and represent the taxpayers instead of the bureaucracy his colleagues will certainly be gratified by denying Nelson this prerogative – even if it means depriving themselves of the same privilege.

4:1 Fullerton Council “Clueless” Ratio

Below is a link to a video of the January 6th Fullerton City Council meeting. Try this. Jump to item 14 and watch the various members discuss the proposal to RETROACTIVELY increase city employee pensions. Your challenge in responding to this post is to explain how any member other than Shawn Nelson does not appear to be clueless. In all fairness, Pam Keller may have escaped “clueless” status in this segmant as it was unclear as to when she figured out that the proposal was a bad idea. But for Quirk and Bankhead, it was as though somebody just let them know that the earth isn’t flat and they’re pissed. Heads are going to roll. By essentially implying to Nelson that opposing defined benefits to public employees is unconcionable, Bankhead is literally arguing that the math should be damned. It’s really worth the watch for the entertainment value alone if you know the players. Warning. If you were hoping that Sharon Quirk had a basic understanding of her responsibilities, have a martini first because you are about to be enlightened. http://fullerton.granicus.com/MediaPlayer.php?view_id=2&clip_id=127

Fullerton Council to Discuss TERM LIMITS

At the request of several Council Members, the City Council will discuss the issue of term limits, and if the matter should be placed on the next ballot. How many years do YOU think is enough? Some say 8 years, others 12, Mr. Dick Jones says NO term limits. Don Bankhead has been on the Council for 22 years and counting. What will Mr. Jones have to say about agenda Item #13, will he “blow his lid”… again? Stay tuned this Tuesday evening, it should be one to remember.

OC REGISTER SPIKES BALL TOO SOON ON PENSION ISSUE

On Sunday the OC Register recognized Fullerton Councilman Shawn Nelson’s lone stand to protect the Fullerton taxpayer against a proposed employee pension spike plan that was being discussed behind closed doors last summer. Register Editorialist Steve Greenhut commended Nelson for saving Fullerton from an underfunded pension disaster of the sort that is bankrupting California cities like Vallejo. Click here to read article.

Poor Steve! He spoke too soon! This Tuesday the very council that chose behind closed doors to accede to union demands last summer will now conduct a hearing to approve the proposed pension increase.

The vote should be fairly predictable. Union water bearers Dcmocrats Sharon Quirk and Pam Keller plus quasi-Republican Don Bankhead are safe votes for the increase, which is all that is needed for passage. More entertaining will be the action of Mr. Dick Jones, another iffy Republican who previously supported the proposal, at least until the GOP Central Committee got wind of it. Then he changed his tune. Now that he has been re-elected it will be interesting to see if he will keep the promise made in order to keep the Republican endorsement, or if he will once again flip back to his natural inclination of giveaways to public employees at the taxpayers expense.

The issue is Item #14 & 15 on the meeting agenda. The Council will meet at 6:30 Tuesday night at City Hall. Public participation is strongly encouraged by Friends For Fullerton’s Future.

Fullerton Councilperson Quirk is Developing a Hearing Problem; or a Memory Problem; or a Truth Problem

At the Fullerton City Council meeting on December 16, 2008, Councilperson Sharon Quirk said she had never had one person complain about the loud noise from Roscoe’s, and didn’t know it was an issue, and if it was so loud she should be able to hear it from her house. Quirk only lives a mile from Roscoe’s, as if anything less were unimportant! She said that right after Mrs. Teti spoke at the public hearing. Mrs. Teti lives next to and works at Richman School with Quirk, she told this blogger that she had spoken to Quirk on several occasions regarding her family’s years-long plight of being awoken between the hours of 10PM and 2AM by loud music and amplified background crowd noise emanating from Roscoe’s.

Now let’s hear from Mrs. Teti’s husband Mr. Ron Teti addressing the City Council on February 19, 2008.