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?

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”

fullerton-airport19945787_8d67ff580a
"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!

dq
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.

George Giokaris: School Snitch/Team Player. But Which Team Is He On?

giokaris_gJust what does Fullerton H.S. District  Superintendent George Giokaris owe Fullerton City Manager Chris Meyer? What compels him to be a tattletale on his own Board? Unlike Mike Escalante, his predecessor, Giokaris apparently wants a McDonald’s right across from Fullerton High.

Here’s what we’ve gathered from credible sources:

Last week, County Supervisor Chris Norby (FHS ’68) spoke with former district Superintendent Escalante and current Boardmembers Dutton and Singer. All confirmed their opposition to the $6 million McDonald’s move across the street from FHS.  Escalante recounted an earlier conversation with Meyer opposing the relocation on traffic and safety grounds.

Unfortunately, these concerns were kept from the city council.

This week, Norby wrote a letter to Dutton and Singer suggesting they communicate their position to the city council, while there’s still time. Giokaris saw the letter, then quickly dispatched a “heads up” email to Meyer warning of a possible lobbying effort by members of the High School Board against the McDonald’s relocation fiasco.

Is there something we should know about these two?
Is there something we should know about these two?

Imagine that – a warning from a Superintendent that his own bosses on the School Board may actually stand up for their students’ safety and their taxpayers’ wallets! Instead of tattletaling to Meyer, he should repeat the opposition of his predecessor and oppose this super-sized boondoggle!

And we say to Dutton and Singer–if you really do oppose this $6 million move, say so now. Don’t be intimidated by Giokaris’s little intrigues behind your back – be outraged by them!

Me: Long walks on the beach and cuddling by the fire...
Long walks on the beach and cuddling by the fire?

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!