Friday, October 13, 2006

Redevelopment: The Unknown Government

On September 30, Joe and I had the opportunity to attend the 11th Annual Northern California Conference on Redevelopment Abuse sponsored by Municipal Officials for Redevelopment Reform (MORR) and moderated by Orange County Supervisor Chris Norby, a vocal critic of redevelopment and eminent domain abuse. It was a day-long conference with speakers ranging from attorneys specializing in eminent domain cases and citizen activists to ordinary people who found themselves victims of eminent domain "takings" of their private property for commercial use. One of the speakers was John Revelli from Oakland whose 56-year old family business was declared blighted and taken by eminent domain for a city-subsidized real estate developer planning to put apartments and condominiums on it. Though his case appealing the eminent domain taking is still moving through the courts, the city of Oakland has already demolished his building and erected a new structure, something called "early taking." Basically, a redevelopment agency can declare your property blighted, claim it with eminent domain and while you're going to court to appeal it, they can physically take possession of the property and demolish your home or business and erect new buildings. There is no due process under the 4th and 5th Amendments when the government wants your property.

We hear about the Manteca Redevelopment Agency a lot. After all, the City Council members are in fact the Redevelopment Agency. At city council meetings, they simply announce that they are now the Redevelopment Agency with a bang of the gavel and open the meeting within a meeting when there's agency business to conduct. Did you know that the Redevelopment Agency has the power to declare any property "blighted" and that once an area is "blighted" that future increases in property taxes are diverted from that point forward to the local Redevelopment Agency? The property tax increases are siphoned off before they ever get to the city's general fund or the county's coffers or to the school district where property taxes are supposed to go. This is called "tax increment diversion." An interesting side effect of declaring property "blighted" is that once the property is so deemed, it remains "blighted" forever. There is no procedure in place to "un-blight" an area, meaning that the tax increment diversion on that property continues forever. Pretty sweet deal, huh?

The lure of declaring property "blighted" is so strong and the rewards (to the city) so great, that Joe recently found a document reporting how Manteca city employees direct consultants to actually drive around looking for any evidence of blight so that the Redevelopment Agency can expand its tax base (specifically see footnote 4 of the document). With the power of eminent domain behind it, the Redevelopment Agency can buy property that they have devalued through declarations of "blight" at a very attractive bargain price. If the stubborn property owner won't sell, they can use eminent domain to seize property for a "better use" (read "retail stores"). Cities like Manteca LOVE retail stores because they get a portion of the sales tax charged and if Measure M passes in November, they'll get even more.

Have you heard that the Redevelopment Agency funds that are spent on "improvements" around Manteca are not tax dollars so there's no need for anyone to be concerned? Any time someone in the government tells you that the money they're spending is not tax dollars, that should raise a red flag and you should be concerned. A lot. Did you know that the Redevelopment Agency has the power to issue bonds, which the taxpayers must repay, without ever putting it to a vote? That's a lot of power to wield and cities all over California and the country are doing just that. It's our tax dollars that fund the Redevelopment Agency, plain and simple. Any claim that redevelopment money isn't tax money is a lie.

MORR has published a booklet called "Redevelopment: The Unknown Government" which is available online. Anyone who is remotely interested in what local governments are doing with taxpayer money or in eminent domain should read this publication. It's written in plain language, you don't need a law degree to understand it. There's also a Spanish language version available. It has also has some great cartoons!

Thursday, October 12, 2006

Dude, where's my safety?


This is from The Stockton Record, 11 Oct 2006, letter.

  • The writer voted for the tax because he was made to feel that all right minded or law-abiding people would, of course, vote for a new tax "for the police."
  • His concerns about the "increased crime" are supported by various reports on crime from various sources, including the sheriff's office, SPD as reported in the The (Stockton) Record. Violent crime has increased about 14% in Stockton, although there is a nationwide trend toward more crime, but not that much.
  • Stockton has hired only a handful of new personnel -- probably what would have been hired anyway. Some have retired. Overall, the strength of the police force has stayed about the same. They have, however, given themselves generous raises and improved their retirement and dental plans. So now the policeman that covers your body with a sheet after you've been murdered no longer has to survive on a mere $90,000/year and he's got a great smile. What an improvement!
  • The writer notes the real reason for the tax is to continue spending money on frivolous pet projects such as ballparks and movie theaters. Just like Manteca!

All of this, I hope, should sound familiar. By the way, the Stockton campaign was orchestrated by the same consulting group as is running the show in Manteca.

Monday, October 09, 2006

Prop 87 and Measure M - Follow the money

I got a call a week or so ago from a young lady asking if I would answer some questions for a survey about an issue that affects me and my community. I said yes and she exclaimed "awesome!" She then asked me if I had seen any ads on TV about Proposition 87 and I said I had. After reading a few prepared statements from those who were for it and against it, she asked me "If the election were held tomorrow, how would you vote on Proposition 87?" I said I would vote no. She asked me why and when I started speaking, she said "Wait! I have to write this down!" I told her I thought it was a bad idea to tax anyone, individual or corporation, to give the money to someone else to "try" to do something. I told her I didn't believe the claims that they would do or even could do what they say they will. I asked her, "Don't you think we're already taxed too much, especially here in California?" She informed me then that she was 16 years old and didn't really pay many taxes and after a beat said, "But I hope I don't have to pay too much when I get older!" I told her that if the things they want to do with Proposition 87 money were possible or viable, then it should be done by a private company, not by someone paid by the government. Before going on to the next questions, she said "You're right!"

I was then asked a series of questions, some of them multiple choice, aimed at determining exactly what the backers of Proposition 87 could say that would make me vote yes. Nothing they could say would convince me to vote yes on a really bad idea. Then we moved on to the part of every survey like this where you're told you'll be read a list of names or organizations and I was asked did I trust them or not. The list included Jimmy Carter, Bill Clinton, Walter Cronkite, former General Wesley Clark, "any" Nobel Laureate professor, the head of the American Lung Association and probably a few others I don't remember. I was asked if the election were held tomorrow, would I vote for Angelides or Schwarzenegger for governor. I was asked if I or any member of my immediate family was a member of any union or was a teacher.

Near the end of the survey came the requisite personal questions about my ethnicity, level of education, age, and income, and any other information they can ask to get a handle on just who you are and how you'll vote. As I always do, I declined to answer any personal questions. My age, ethnicity, education and income is nobody's business and I'm surprised people answer those questions at all, but I guess they do. When the survey was over, the young woman thanked me and told me she had fun talking to me. I told her I had fun too and hoped she was learning something from working as a survey taker and wished her luck.

Proposition 87 is the Alternative Energy. Research, Production, Incentives. Tax on California Oil Producers. Initiative Constitutional Amendment and Statute. The backers claim that "California is held hostage by the oil companies" and that voting yes on 87 will lower fuel prices, end our dependence on foreign oil and provide cleaner energy. Does anyone know of any tax that has ever actually LOWERED prices to the consumer? Do they think they can increase the taxes on oil producers and have lower gas prices at the same time?

Any time there's big money behind a proposition (or even a local ordinance like Manteca's Measure M), you have to ask yourself "what are they (the backers and supporters) getting out of this?" In the case of Prop 87, the backers are going to get the government of California to give them tax money (a projected $4 billion) to "try" to end our dependence on foreign oil and develop new sources of energy. There's no guarantee that they can do any of this, only their promises to "try." They are not required to produce any results and there is no penalty to them if they fail. They take the money, we pay higher gas prices. Mark my words, if this terrible proposition passes, gasoline at $3.50 a gallon will seem like a bargain. California will have the highest gas prices in the nation.

In the case of Manteca's Measure M, all you have to do is look at the supporters of this ½ percent sales tax increase to see who will benefit. The backers of Measure M all stand to gain from a local tax increase: the police and fire unions and city employees (all of whom are paid with tax dollars); big developers who hope that a new tax will alleviate some of the outrageous fees they're assessed by the city; local government-funded agencies like the Chamber of Commerce and the Convention and Visitors Bureau (which already gets a percentage of the last tax that was "for the police and fire" -- the TOT tax) ; and favored charities that get money from the city like Give Every Child a Chance. The list goes on.

Every few years we're told there's a "crisis" with the fire and police departments and that a new tax has to be assessed to keep Manteca safe. How about demanding some fiscal responsibility from those in charge? Our city leaders have chosen how to spend our tax money and they decided that the police and fire departments were low on their list of priorities. After all, if they need more money they can tell us there's another public safety crisis and hire a big consultant (with OUR money) to take surveys that tell them what to say to make us vote yes. The last "crisis" for which they needed to raise taxes to fund the police and fire was less than 5 years ago. I still remember the expensive Measure Q campaign signs that said "Save our Police and Fire" -- do you? Now they need saving again. When will it end?

Friday, October 06, 2006

Space Station passes over head.

This "may" be a photograph of the International Space Station as it passed over last weekend. Well, it's definitely the space station, the only doubt is over what this photograph depicts. Is it just motion blur or is it showing some structure? Who knows. But it was a great pass to observe. This photo was taken with a 400 mm lens (equal to about 650 mm with a 35 mm camera), so it's hard to say what it's showing. If you are curious, there are a few more photos of the pass at the Manteca photo log.

Measure M tax called asinine


I got to attend the Lathrop debate or "candidates forum" Wednesday night.

Both of the mayoral candidates spouted the same sort of party line. They are here to make a better future, for our children, etc.

One question asked how they "felt" about private property. Both candidates swore unwaving respect for property rights as absolute! Except, they both added, if your house is an eyesore. And in that case, I guess, your property rights end.

In the second half of the meeting, the Lathrop-Manteca fire board candidates answered questions. Near they end, they were all asked how they felt about raising the sales tax, as the "sister city" Manteca has proposed (measure M). All three candidates were against that, and said it showed fiscal irresponsibility. One of the candidates, Bernie Gatto was the last to answer that question, and called any attempt to raise the sales tax "asinine!"

You can find a few more photos of the evening on Joe's Corner photo blog.

Fake citizens' group promotes new tax

These campaign signs are popping up like mushrooms all over town.

Notice the slick "vote yes on M" sign. The sign says "for safer neighborhoods!" ... If you didn't know better, you'd never guess that was a new tax increase. Keeping with the consultant's philosophy: Talk about the supposed benefits and don't mention anything about costs.

Speaking of costs, check out this in the Manteca Bulletin. The "citizens group" has almost $50,000 to sell us on the new tax. Fortunately, the Bulletin article does tell us that every single "contributor" listed either works for the city and has been promised a big raise if the tax increase passes, or is someone who has been promised "favor" by the city; or is a "developer" who wants to tell us "don't vote for more developer fees, instead raise the sales tax!" And so on. The biggest "contributor" is the police union and the firefighters union. Surprise! Even the one individual named in the article is a high ranking city employee (McLaughlin, Assistant City Manager).

The very idea that this group is trying to pass itself off as some sort of "grass roots citizen group" is appalling. We should demand they resign their city positions just based on this kind of deception. You can argue that it's not against the law for the police and fire unions to pretend to be "your average neighborly citizen" and not reveal the fact that they get paid more if the new tax passes, but it's still despicable behavior for someone who holds themselves out as the standard of honorable actions.

Sunday, October 01, 2006

It makes kind of a mockery of the whole thing

Check out this news clipping about the Lew Edwards Group. This is the consultant that is being paid by the City of Manteca to sell us on the new Measure M tax increase. What's more amazing than the damning indictment of their methods is that this is highlighted on their own promotional website. Normally, your own website should be promoting the good things you do, not documenting your questionable techniques of mass manipulation. It's as if they are proud of it.

Check out the list of techniques. Does any of this sound familiar?

  • How to talk to reporters and a "do's and don'ts" list for officials. Nothing is left to chance.
  • Creating a citizens review committee .... Calling it "an extra layer of insurance,"...
  • Packing public meetings with supporters. It actually says that!
  • Message discipline, ... Talk to enough officials and you're bound to hear the same story again and again. Evidently to them, repetition is an argument!
  • The Lew Edwards Group also directed officials to conduct hundreds of meetings with various community groups. Sound familiar?
  • "...Repeatedly express the need for projects and avoid ... discussions about costs."
  • ... Officials intentionally remained vague about where [the] hospital would be built because they didn't want to galvanize NIMBYs (residents) who didn't want a hospital with a helicopter pad near their homes. (Keep any bad parts of the plan a secret!)
  • One Councilman had the audacity to be thinking of the needs of the people, saying the bond was too much of a burden on the taxpayer and cast the lone vote against placing it on the ballot. He was chastised -- by Lew Edwards' assertion that unanimous support would be important to the bond's success.
  • In total, Lew Edwards was paid nearly $450,000. In their defense, they said "Some ... Was spent on office supplies..." etc.

Read that last paragraph, the comments from a professor of political science:

"It's become very professionalized, and there are these groups that roam the land offering their services," said Sparrow, the SDSU professor. "They've got the money, the tools and the off-the-shelf plan for doing these things. It makes kind of a mockery of the whole thing, but that's the way you've got to get things passed. . . . You've got to play no-error ball."

I particularly like that characterization as a group that roams the land. Does that sound familiar?