Anaheim Council Agreed to Another Developer Subsidy

From The Voice of OC:

Anyone who's read the public agenda for tonight's Anaheim City Council meeting knows that a vote on a controversial $158-million room tax subsidy for developer of two planned four-star hotels at the GardenWalk outdoor mall is expected.

But known to only a few is that in recent weeks the City Council quietly approved a legal settlement that in essence grants another large subsidy – this time to the owners of the mall.

The settlement, which the Council voted on in closed session, calls for the mall owners, Anaheim Capital Partners, LLC, to receive up to 50 percent of the city's portion of sales tax revenue generated by the mall for the next 25 years. This fiscal year, the owners get 30 percent, and going forward the subsidy could be worth tens of millions of dollars.

In exchange for the sales tax revenue, Anaheim Capital Partners dropped a claim on the room tax revenue generated by the hotels, effectively clearing the way for that money to be handed over to the developers of the hotel, which include hotelier Bill O'Connell.

Read the full story here:

http://www.voiceofoc.org/oc_north/article_bd149a84-bcaa-11e2-9d5b-0019bb2963f4.html

Tripling Down on Stupid: The Gardenwalk Giveaway

From the OJ Blog:

A developer in Anaheim wants to build two four star hotels on the Gardenwalk parcel near Disneyland in the Anaheim resort district.  The developer claims the market economics makes the project not feasible.  To assist in making the project feasible, the city will provide economic assistance in the form of $158 million in rerouted tax proceeds after construction of the hotel(s).  This equates to roughly $46.6 million in today’s dollars as the total assistance package is expected to run over twenty years (a dollar collected tomorrow isn’t as valuable as a dollar collected today.)

Save Anaheim PAC ran this ad in response to an ad placed by Kris Murray in the OC Register during the last election.

The city’s analysis claims the $46.6 million is roughly 16% of the development cost, which puts the capital required to execute the project at roughly $300 million. That’s quite a bit of money for the private sector to invest in the resort area.  From the $300 million, construction jobs will create permanent hospitality jobs including chefs, housekeepers, waiters, valets, office staff, receptionists, engineers, craft persons, salespersons, and of course—management.  The investment provides clear and demonstrative public benefit, including increased property tax and sales tax collections, which are all very good things.

The construction will also place additional burden on the public electric utility, the water system, create substantial traffic in and out of the resort district, increase pollution, place additional burden on emergency services, and divert land from alternative uses and taxation (i.e. if you build two hotels you can’t build a Walmart.)  All of these items incur a public cost that must be covered by taxes.

Who defines project feasibility and how the term is used is something of an art.  The city’s analysis states the project is $63.1 million (today’s dollars) short.  The package proposed ($46.6MM) still leaves a gap of $16.5 million.  There’s no mention as to how that $16.5 million will be closed.

There’s the first dose of stupidity, right there.  Based on what the public has in front of us, we’re being told that someone wants to pony up almost $300 million for a project, even with public assistance, will return 18% below what’s acceptable.

Bill O'Connell as the "Master of the House" from Les Miserables.

Think about that for a second.

According to the city’s analysis, after construction, the two combined hotels will produce a profit of $27 million a year.  Apparently, that’s not good enough.

Why it’s not good enough is a bit of a complicated question, but it has to do with alternative opportunities for capital.  Based on a bunch of assumptions, the city’s consultant concludes that a reasonable investor would be willing to pony up $220 million to build this project . . . not the near $300 million our current estimate is.  Our public assistance isn’t what’s required to break even . . . it’s what’s required for the investor to get his 13% return.

Read the full story here:

http://www.orangejuiceblog.com/2013/05/tripling-down-on-stupid-the-gardenwalk-giveaway1/

The $158 Million GIVEAWAY - FAQ

Q: What is it?

A: Hotelier Bill O’Connell is asking taxpayers to underwrite his hotel, with $158 million in subsidy that was intended for the General Fund, to pay for Police, Fire, libraries, parks and other essential City services. His claim is that the City needs more 4-star hotel rooms to attract upscale visitors, and those more expensive rooms cost more money.

Bill O'Connell

Bill O'Connell

Q: Seems reasonable-so why doesn’t this deal work?

A: If bankers are lending for the 3 star hotels currently about to break ground, but won’t lend on 4 star hotels, they may be telling us there isn’t a market for those high end lodgings. Why should we as taxpayers give money for an investment bankers won’t lend on?

 O’Connell says even with the subsidy he will not be able to break ground for at least a year or two.  A leading hotel expert argues that by waiting an additional year no subsidy would be needed, as the lending market will be friendlier.

Jack Corgell, a Professor at Cornell University of Hotel Administration stated, “The value of waiting an extra year could be substantial to the city, why would you do this now? What’s the urgency?” In addition, one of Orange County’s top hotel real estate consultants, Alan Reay, stated ,“The hotel market has recovered, and revenues continue to climb. Lenders have already stepped back into the market.”

Q: Why doesn’t the developer wait a year and secure traditional financing?

A: By waiting a year he wouldn’t benefit from free tax money, which makes the deal more lucrative for him and his investors. The developer appears to owe more than the land is worth. Many of us find ourselves “upside down” on our homes, why should one developer expect us to bail out his bad investment?

Q: Didn’t anyone stand up against the original giveaway?

Yes, Mayor Tom Tait and (former) Mayor Pro-Tem Lorri Galloway voted NO. City Manager Bob Wingenroth also opposed the deal, after having served years as Anaheim’s Finance Director, he could see this was a loser for our General Fund. Bob Wingenroth has now left the City of Anaheim, taking a six-figure cut in pay, rather than remain in this environment at City Hall.

Q: Why did the Mayor vote NO?

A: It isn’t fair. Mayor Tom Tait stated, “I’m in business, if I had a competitor, who didn’t have to pay taxes, I wouldn’t like that because it is a huge competitive advantage.”

In addition, Mayor Tom Tait rejected the argument that without subsidy the land would sit empty and unproductive,  stating that, “…if you don’t build it, something will be built there, and all that tax revenue would come to the city.” Indeed we already see other sites being developed without taxpayers underwriting the costs.

Q: Why did Murray, Eastman, and Sidhu vote YES?

A: First, they claimed there was no cost to the city. Which is false. The $158 million is our money, collected from visitors who pay the tax, and then diverted to the developer instead of remaining in the General Fund.

If the hotel was built without the subsidy, all that revenue would be kept, funding police, fire, libraries, parks, and community services. Those costs are skyrocketing, since the same Council majority approved one of the most generous union deals in recent memory last summer-again over the objections of Mayor Tait, meaning we will have to increase General Fund revenues just to maintain the same level of service. Knowing we need to either increase funds or cut spending, the only expense the Council majority cut from the budget was the line item for Mayor Tait’s staff!

Plus, the Council claimed it was all about jobs. But the developer does not have an agreement to use local labor, so our taxes are likely to fund jobs for some other town’s workers. These jobs are not right away either.  Construction on the first tower won’t start till 2015. The final tower won’t be completed until 2022. The permanent jobs they boast about are mostly in the hospitality industry, offering low pay and no benefits, so taxpayers end up subsidizing O’Connell twice when we also have to build affordable housing projects for his workers, or offer social services to cover their cost of living.

Lastly, the special interests behind this deal spent tens of thousands in campaign money to help elect the current Council majority. Money from the developer, Disney, OC Taxpayers Association, OC Business Council, and former Mayor Curt Pringle (also the lobbyist for the developer) helped boost Eastman, Murray, and Brandman into office.

Gail Eastman and Bill O'Connell

Gail Eastman and Bill O'Connell

Q: So why is the developer back, didn’t we do this last year?

A: After the initial giveaway, a lawsuit was filed by community members and in December 2012 a Superior Court Judge ruled the Council meeting violated California’s Open Meeting laws, and voided the deal.

Q: Besides the lawsuit, how did the community respond to the initial giveaway?

A: Residents were outraged and over 10,000 Anaheim voters signed an Initiative that would allow residents to vote on any future subsidies. Unfortunately, the Council majority (Murray, Eastman, and Sidhu) voted NO on allowing residents to decide on the fair use of our tax dollars.

A: What can I do now to help stop this $158 million giveaway from being reinstated?

1. Send a quick e-mail to the City Council at sray@anaheim.net or call 714-765-5247

2. Show up at 5 p.m. at Anaheim City Hall Tuesday (May 14th) and voice your opposition during public comments. While we are all frustrated with our leaders, let’s be respectful during the meeting. There will probably be a long line to speak on this issue, be patient and we will all be heard.

3. Support candidates who oppose this misuse of public funds during the next election in 2014.

Q: Where can I learn more?

A: The Save Anaheim blog was created to share information with residents, especially info that we feel the media and papers are not reporting on. Check the site often for updates at

http://saveanaheim.com/blog/?tag=%24158+million+Giveaway

Voice of OC is another blog doing good investigative reporting.

http://www.voiceofoc.org/search/?t=article&s=start_time&sd=desc&q=gardenwalk+hotel

The OC Register

http://www.ocregister.com/articles/council-380779-city-public.html

GardenWalk Hotel HISTORY: $158 million Giveaway RETURNS

Next Tuesday, May 14th the city council majority led by Kris Murray is going to try and reinstate this outrageous giveaway. Please take the next 6 minutes to view the video below from the initial council vote in January 2012.

Check back daily for updates on the upcoming reinstatement of the $158 million GardenWalk Hotel GIVEAWAY scheduled for this Tuesday, April 30th.

Brandman/Kring appoint Anti-Immigrant CAC member Amanda Edinger

Save Anaheim has found some very revealing info regarding Mrs. Edinger on Facebook. The following are some quotes from posts Mrs. Edinger has commented on with the screenshots following below with additional comments made:

Amanda Edinger

Amanda Edinger

"Illegal immigration is not another civil rights issue. And it's demeaning to those that actually endured that movement."

"Where is the border security promised in 1986?"

"Stop handing out benefits, cut the automatic birthright, cut education and impose heavy fines on employees that hire them."

"They don't have a right to work here."

Do you think Congress should pass laws discontinuing birthright citzenship? "YES"

"No amnesty"

"Affirmative action is nothing short of govt approved racism."

"They want our guns"

"I'm sorry that some people live horribly there, but invest your effort to either fix your country, or immigrate to ours legally."

"I support Sherrif Joe"

-Click images below to enlarge-

Voice of the Community

Tonight I had the pleasure of attending an event thrown by former Anaheim City Council member Lorri Galloway. The event focused on three topics:

1. police relations

2. community issues

3. creating positive change

Approximately 60 community members were in attendance and many took the time to express their thoughts on the 3 subjects (video coming soon). I'd like to thank Lorri Galloway and Dr. Jose Moreno for bringing the community together. People need an avenue where they can be heard, because they certainly don't have the ear of Kris Murray, Gail Eastman, Jordan Brandman, or Lucille Kring.

Save Anaheim PAC - GardenWalk Giveway returning soon.

On March 21st in anticipation of the return of the $158 million GardenWalk Giveaway, the Save Anaheim PAC ran this full page ad in the OC Register.

Special thanks to Brian Chuchua for partially funding the ad.

Click to enlarge

Finally OC Register finds a week old BRANDMAN story

From The Liberal OC:

We’ve been waiting for the Orange County Register to cover the story about JordanBrandman’s Wiki-report for the past eight days. We are pleased to say, they finally found the story and decided they had to cover it. Yesterday afternoon, Andrew Galvin, the Register’s county government beat reporter wrote about the toll Brandman’s contract may have on the prospects for Acting Clerk-Recorder Renee Ramirez getting the jobpermanently. (Read: Consulting contract complicates clerk-recorder appointment)

Can't say we didn't warn ya.

Since Galvin does make mention of the controversy over Brandman’s performance as a contractor, he moved the Affliction Counter back to zero days. Galvin was able to get Brandman to take his call and answer at least one question about the controversy:

In a brief interview this week, Brandman said, “I am fulfilling the obligations of my contract with the clerk-recorder.” Brandman declined to explain why he requested two deadline extensions. He also declined to comment on the allegation that the section of his draft covering population demographics was lifted from Wikipedia.

So at this point we are pulling the Affliction Counter until we find the Register ignoring a story that Afflicts the comfortable political elite in Orange County.

Watch OC Supervisor Shawn Nelson share his thoughts on Jordan Brandman:

OC Register: 6 Days Without Afflicting the Comfortable

Orange County Register Publisher Aaron Kushner admonished his newsroom staff a week or so ago that their job was NOT to “afflict the comfortable” in their reporting. Today, Voice of OC reporter Adam Elmahrek provides us with the perspective of a leading ethicist on Anaheim Councilman JordanBrandman’s $24,000 Wiki-Report prepared for former Clerk Recorder Tom Daly. For clarification, Jordan is one of the “comfortable” that Kushner has vowed to protect in blocking both paid advertising and apparently news coverage from affliction.

Jordan Brandman

Jordan Brandman

In the Voice of OC Report (here) Elmahrek quotes Judy Nadler, senior fellow at the Santa Clara University Markkula Center for Applied Ethics:

“I have no idea how Orange County operates, but if I were presented with this as a public official, I would not be inclined to accept it as it is. Because its something that frankly a high school intern could have done, anyone could have done,” Nadler said. “I’m just really curious about what Orange County has as its standards. I’d be really surprised and disappointed to see if you could submit anything you want.”

As with the many real investigative stories that we get from Voice of OC, Elmahrek continues to deliver the drip-drip of damning revelations. For the OCRegister’s part, we are still waiting for them to even mention the fact that this story even exists, much less provide us with any in-depth investigative reporting that Kushner has promised his newly enhanced investigative news team would deliver. Rather than hold our breath and pass out while we wait for the Kushner’s forces to notice a news story, we have decided to implement our OCRegister Days Without Affliction counter:

County demands REFUND from Jordan Brandman

Supervisor Shawn Nelson speaks to Los Amigos on 3-21-13 regarding Brandman in exclusive video from Save Anaheim below:

From The Voice of OC:

County Counsel Nick Chrisos last Friday sent a letter to Anaheim City Councilman Jordan Brandman demanding that he either complete a facility needs report – which in its current draft form has beenheavily criticized for being inadequate and plagiarized from Wikipedia – or refund the $24,000 taxpayers have paid him for the incomplete work.

“Immediately finalize the facility needs assessment for the County Clerk Recorder on the viability of opening a West County branch office as required under the above-referenced contract or return the $24,000 paid to you under the contract without delay,” read the March 15, 2013 letter from Supervising Deputy Anne E. Fletcher on Chrisos’ behalf.

Read the full story here:

http://www.voiceofoc.org/oc_north/anaheim/article_3a8a969e-91f4-11e2-8969-001a4bcf887a.html

Jordan Brandman Plagiarized Report

From The Voice of OC:

A report prepared by Anaheim City Councilman Jordan Brandman for Orange County’s Clerk-Recorder – which contained an entire section that was apparently largely copied from the Wikipedia entry on Orange County – contained clear examples of plagiarism and was problematic “on a number of levels,” a leading government ethics expert said Monday morning.

Judy Nadler, senior fellow at the Santa Clara University Markkula Center for Applied Ethics, said that the report embodies the “exact opposite” of the origin of the phrase “good enough for government work,” which originally implied high standards.

Jordan Brandman and members of the Masters of the Universe club.

Jordan Brandman and members of the Masters of the Universe club.

Based on what’s she’s seen, Nadler questioned whether Orange County has basic contracting protections in place.

“I have no idea how Orange County operates, but if I were presented with this as a public official, I would not be inclined to accept it as it is. Because its something that frankly a high school intern could have done, anyone could have done,” Nadler said. “I'm just really curious about what Orange County has as its standards. I'd be really surprised and disappointed to see if you could submit anything you want.”

Read the full story here:

http://www.voiceofoc.org/county/article_21b29fd8-906c-11e2-9b2c-001a4bcf887a.html

Jordan Brandman's $24,000 Wiki-Report

From The Voice of OC:

An entire section of a government draft report prepared by Anaheim City Councilman Jordan Brandman while he was campaigning for his council seat last year appears to largely have been copied from the Wikipedia entry on Orange County, a Voice of OC review of the report has found.

Ad Save Anaheim's PAC ran during the last election.

Ad Save Anaheim's PAC ran during the last election. 

The revelation about the copy-and-paste job in the the report prepared for the county clerk-recorder's office – for which Brandman has so far been paid $24,000 – adds to growing questions about his consulting contract and work product, with two county supervisors alleging last week that the councilman was inappropriately compensated for work he didn't finish.

County Supervisor Todd Spitzer said that Brandman should not have been paid a dime for draft work. And Supervisor John Moorlach said the report could have been done in a few hours. In Moorlach's estimation, the county has already paid 24 times what the report is actually worth.

After learning about the Wikipedia entry in Brandman's report, Moorlach questioned whether the councilman's contract to prepare the report, which was awarded by former Orange County Clerk-Recorder Tom Daly, was merely a guise by his mentor to support Brandman with county funds while he campaigned for office.

“It puts into question the authenticity of the request” to prepare the report, Moorlach said, adding that a refund demand from Brandman is “certainly on the table,” along with new rules on county contracting.

Moorlach stopped short of directly accusing Brandman and Daly of impropriety, saying that “everyone has their day in court” and that he would hold off on such conclusions until after a “thorough investigation.”

Read the full story here:

http://www.voiceofoc.org/oc_north/anaheim/article_52c807b4-8f9c-11e2-8890-0019bb2963f4.html

Brandman's $24,000 pay day

From The Voice of OC:

Orange County’s Clerk-Recorder paid Anaheim City Councilman Jordan Brandman $24,000 for an incomplete report while he was campaigning for office last year, raising questions from two county supervisors about whether the county inappropriately compensated Brandman for a draft report he hasn’t finished.

“You can't pay a consultant for work that's in draft form,” said County Supervisor Todd Spitzer Tuesday after reviewing Brandman’s contract and report. “None of these payments should have been made.”

Jordan Brandman

Jordan Brandman

Brandman has not returned phone calls for comment on his consulting contract.

He first arrived at the Clerk Recorder’s office in 2011 as an “external relations manager,” although it’s largely unclear what he actually did. Clerk recorder officials deleted Brandman’s public calendar. And most of Brandman’s work-related email traffic released by the office in response to a public records request by Voice of OC only shows that he was often out of the office at offsite meetings.

He resigned that position just as his city council campaign was gearing up and later secured the consulting arrangement.

Most of his facilities report – which is a study about whether the clerk-recorder needs a branch office in West Orange County – rehashes publicly available data from the U.S. Census, the state Department of Finance, the clerk-recorder's office and other “multimedia” sources, according to a draft obtained by Voice of OC.

Read the full story here:

http://www.voiceofoc.org/county/article_737763ae-8c79-11e2-8d1f-0019bb2963f4.html

Todd Spitzer shared the story on his Facebook Fan page.

Todd Spitzer shared the story on his Facebook Fan page.

Brandman’s County Consulting Contract Raises Questions

From The Voice of OC:

The Orange County clerk-recorder's office is refusing to release a report prepared by Anaheim City Councilman Jordan Brandman that was originally due six months ago because it is still in “draft” form, raising questions about whether the councilman failed to fully complete the tasks of his taxpayer-funded contract while he was campaigning for office. Jordan Brandman, who was hired as a staffer at the clerk-recorder’s office in 2011, resigned toward to the end of the year as his City Council campaign geared up.

He was then granted an individual services contract on Jan. 31.

Brandman's firm, Jordan Brandman Consulting, was to be paid $24,900 to prepare a facilities needs study on possibly opening a clerk-recorder's department branch office in west Orange County, according to the contract.

The contract's end date was supposed to be July 31, 2012. But then the county gave Brandman an extension through Jan. 31. His compensation amount was increased to $26,400, a contract amendment shows.

During that time, Brandman had been campaigning for his council seat, which he won handily.

It is unclear whether Brandman has been paid under the contract or exactly what he did to earn any compensation. Brandman did not return a call seeking comment.

Read the full story here:

http://www.voiceofoc.org/county/article_9377e54c-8a63-11e2-aab5-001a4bcf887a.html

$158 million Giveaway - Coming Soon

From The OC Register:

ANAHEIM – A hotel developer is expected to bring back a controversial tax-incentive plan for two Disneyland-area hotels, while another nearby developer is walking away from a somewhat similar subsidy.

 GardenWalk Hotel developer Bill O'Connel in a scene from Les Mis called Master of the House- click image to enlarge -

The City Council will likely reconsider a plan for a pair of Anaheim GardenWalk hotels after a judge voided its previous approval of a tax subsidy of up to $158 million.

An Orange County Superior Court judge ruled in December that the council violated the open-meetings law by approving the plan when it was advertised only as a "discussion" item in January 2012.

At the same time, another nearby hotel, which got a smaller tax deal, plans to give up its subsidy and scale back the development.

Under a 2008 city program, developers of a hotel can apply to keep some of the bed-tax money paid by its guests, only after a high-end hotel is built. Tourists pay a 15 percent room tax that generates the biggest chunk of Anaheim's budget.

The GardenWalk developer got approval for up to $158 million, virtually all of the project's bed taxes for 15 years, in a deal that deeply divided residents: Some called the deal a "giveaway"; others said it was necessary to lure high-spending tourists.

Now, developer Bill O'Connell and city administrators are discussing a plan that could come back within a month, said City Manager Bob Wingenroth in a meeting with the Register's editorial board last month.

It's unclear if any deal would be different than the original.

The council makeup has changed since last year's decision; two new council members were sworn in the day after the December court decision. Still, the current council majority appears to support a GardenWalk plan.

"I ran on an agenda (of) economic development, and we need to keep moving the city forward," said Councilman Jordan Brandman, who took office in December.

"I think that the issue will come back, and I look forward to considering it."

Mayor Tom Tait remains against a subsidy.

Councilwoman Lucille Kring, who also took office in December, said she opposes the full $158 million subsidy but might support a smaller amount.

Also, she suggested the developer could build a lower-end hotel and do without any city help.

"It was very divisive," said Kring, who has served previous terms on the council. "I don't want to see the city go through that again."

Some council members say the tax support is needed to bring a four- or five-star hotel into the tourist area, which mostly has family-style lodging. The only four-star hotels are on Disney property. Some convention-goers leave Anaheim to stay at more upscale hotels near the beach, taking with them the hotel taxes, officials said.

But one Disney-area hotel developer said he was unable to get financing to construct a four-star hotel, even with the city's financial help.

Instead, Larry Lake of Lake Development Group is turning away from a tax subsidy worth about $24 million and instead plans to build a lower-end family-friendly hotel at Harbor Boulevard and Katella Avenue.

Lake said he tried for five or six years to launch the fancier hotel, spending millions of dollars on plans before giving up.

"Anaheim is perceived as a market that has a multiple of three-star hotels, and we wanted to put in a four-star hotel," Lake said at a January Planning Commission meeting.

"The capital markets didn't want to come into a marketplace that only had one four-star hotel."

Councilwomen Kris Murray and Gail Eastman said Lake's decision is tied to the difficulty of getting financing, even with city help. There is indeed a need for luxury hotels, they said.

Tait, however, said the city should stay away from such tax deals.

"I think that's common sense. If there's not a market for a four-star (hotel), maybe a four-star shouldn't be built," Tait said.

"I don't think any subsidy makes sense."

Cutting Anaheim’s Mayor off at the knees

By Cynthia Ward:

At Tuesday night’s Anaheim City Council meeting, observers saw what I truly believe to be the last gasp of civility at City Hall for the remainder of the current Council administration.  That sounds pretty melodramatic, I know.  If we managed to get through the $158 million hotel giveaway, a $319 million streetcar for Disneyland patrons, civil unrest, a Brown Act lawsuit tied to the hotel giveaway, and another lawsuit tied to District voting, what could possibly be so big that it spells the end of the ability to function as an elected body?

$30,000.

Huh?

Read the full article here:

http://www.orangejuiceblog.com/2013/03/cutting-anaheims-mayor-off-at-the-knees/

See video below: