Last night the Fullerton City Council voted to give the County of Orange $4,000,000 of your money. Right now. Right out of your pocket.
Well, there she goes. Say good bye.
So what’s the reason for this unusual generosity? It was because the County was threatening to sue the City over the diversion of property tax increment from the County through the bogus establishment of an expanded Redevelopment project area where no blight exists as required under State law.
The City lawyers, Rutan & Tucker,sure must have felt they had a lousy case – because they cooked up a deal behind the scenes to buy off the County with a ton of up-front cash plus some hinky lease back deals on down the road. Ultimately the total payout will be $25,000,000. We shared news of the the payoff meetings here . The County knows the Redevelopment expansion is fraudulent, because it has already made that argument publicly; but apparently there are at least three votes on the Board of Supervisors to take the deal and help out a fellow government agency. The County will formally go for the gold next week.
The City Council vote was utterly predictable with Pam Keller, Don Bankhead, and Dick Jones cheer leading the payoff. Dick Jones in particular excelled himself in ignorant idiocy. We’ll soon be showing the Friends clips of Fullerton’s City Council in action.
To their credit, both Shawn Nelson and Sharon Quirk-Silva voted against an action that both robs the taxpayers of Fullerton and violates a basic ethical standard. The other three broke the law, and they know it. But they’re not out of the woods, yet. A court will decide the matter.
According to our well-placed sources, Fullerton Mayor Don Bankhead and council member Pam Keller (hereafter referred to as Pam’nDon) made the rounds of the County Supervisors’ offices last week to try to strike a deal with the County not to sue the city on its illegal redevelopment expansion.
We can’t think of two less informed advocates of an issue, but they would never have been sent out if they hadn’t memorized their talking points as presented by Redevelopment legal promoter Jeff Oderman of the notorious Rutan & Tucker. Or maybe Jeff just wrote a figure on a piece of paper and sent them off with it.
Since the County and its attorneys have already gone on record opposing the expansion, we reckon than Pam’nDon went with checkbook in hand. The County objects to the loss of property tax revenue, especially when the whole scam is based on non-existent blight and the phony findings thereof. And so the County pot needs to be sweetened. A lot. Enter Pam’nDon. Of course it’s supposed to be all hush hush, but you know, these things have way of getting out, especially when the old slushola is being divvied up. Transparency is such a bitch.
We have an indication that the County will take the bait, and that, Friends is a story for another day.
Friends, we receive thought-provoking e-mails from time to time, and like the good Friends that we are, we like to share them with you.
We recently received an e-mail from Jeff Oderman, an attorney with the firm of Rutan & Tucker. Mr. Oderman happens to be the Fullerton Redevelopment Agency’s lawyer, and we’ve been pretty diligent about ripping the bandage off this suppurating wound; and one of our more assertive Harpoons even took a poke at him here. We’re not sure if Oderman is complaining about that particular post, or about our whole effort here at FFFF. Clarity of expression doesn’t appear to be a prerequisite for employment at R & T. In either case, Jeff seems none too happy.
Your Honor, I'd like to make one of those legal thingies..
Anyway, from Mr. Oderman:
—– Forwarded Message —- From:“Oderman, Jeff” <joderman@rutan.com> To:Fullertons Future <info@friendsforfullertonsfuture.org> Sent: Tuesday, July 28, 2009 5:41:27 AM Subject:RE: [Friends For Fullerton’s Future] Jeff Oderman: The High Price of Bad Advice
You should check your facts before you publish. You’re entitled to your own opinions, of course, but there is almost not a single truthful factual statement in the entire blog.
Jeffrey M. Oderman
Rutan & Tucker, LLP
611 Anton Boulevard, 14th Floor
Costa Mesa, CA 92626
714-641-3441 Direct
714-546-9035 Fax joderman@rutan.com www.rutan.com
We’re entitled to our own opinions? Well, Hell, Jeff, that’s mighty big of you. And we thank the boys at the Constitutional Convention, too.
But: “Almost not a single truthful factual statement in the entire blog.” Really? Almost everything is either a lie or wrong? Or both? Hoo Boy! Them’s fightin’ words.
As a firmly attached barnacle on the bottom of the SS Fullerton Redevelopment Agency, Oderman has a pretty sweet gig going, with zero accountability, and we’re pretty sure he wants to keep it that way. Good revenue for the firm and not much real work. But c’mon Jeff, you’re not going to protect your little sinecure by riling up the Friends.
Anyway, in the spirit of self-improvement and public information we have invited Mr. Oderman to favor us with “truthful and factual” corrections to any of our posts to which he objects. We promise to publish anything he sends our way. See, unlike the Fullerton Redevelopment Agency and its minions, we want open and unfettered dialogue – a discussion where the truth will out, and the political flacks and self-interested bureaucrats don’t always have the last, incompetent, and irresponsible word.
We also figure that the more they say the more holes they punch into the bottom of their leaky tub.
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.
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.
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
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.
