Property Rights, Markets, and Feldman’s Fight for Neighborhood Preservation

November 20th, 2009

In the early part of the twentieth century, the University of Arizona occupied a quaint, two story, brick building now referred to as “Old Main”. Meanwhile, not far away, a number of “sanatoriums” were being built for TB patients from across the country. The neighborhood north of Speedway was nicknamed “Lung Hill.” Today the University of Arizona has metastasized into a gigantic sports, research, and educational facility with an international student body that numbers around 38,000. “Lung Hill” is now the Feldman’s Historic District and Neighborhood Association, in which many of the sanatorium buildings, along with homes of the same vintage, still stand. The Feldman’s neighborhood is primarily residential, composed of both owner-occupied and rented houses, with a mix of university employees, students, and others.

As the university student population has ballooned – doubling over the last few decades – the market for student housing has increased concomitantly. Naturally, areas around the university have seen an increase in student residents. Often a parent would lease, or even purchase, a house near the university and the child, along with any number of friends, would occupy it. Eventually, developers began to respond to the market demand by building rental structures designed for the student customer – they were nicknamed “mini-dorms”.

Long established residents of these neighborhoods suddenly realized that they did not live in gated communities, and as Dylan said, “The times they are a-changin’”. The folks in Feldman’s Historic District and Neighborhood Association were on the cutting edge of these changes, and they did not like it one bit. Seeing, or seeking, no alternative, they sought the force of government to freeze time and turn their neighborhood into a preserve.

Of course, a villain was necessary. The obvious one is the University of Arizona. Its inability to provide accommodations for its students is the root of the problem. The behavior of students themselves, not their existence, is the problem itself. One might even blame the residents themselves for not protecting the neighborhood with extreme zoning before now. Somehow, all these parties were overlooked, and the mini-dorm developer, Michael Goodman, became the bad guy.

Look, I would not want affordable student housing in my neighborhood either. However, I find it hard to condemn a developer who is satisfying a need in the community while staying within zoning laws and codes. He also purchased the land he wished to change. He did not seek the help of city government to force a change on other people’s property. A primary function of property rights is to settle the question of land use. If you want to call the shot, you buy the property. The alternative is large protracted fights over land use with some arbiter assigning a solution that pleases nobody. The idea of ownership also tends to direct land to the best use. For example, a couple with children would be willing to pay more for a four bedroom house than a retired couple, so they each end up in suitable houses. In fact, professionals often buy properties on which to build structures to satisfy a local need. Then they become the villain.

While Feldman’s may have no choice but to resort to extreme zoning – the approval of the development manual and NPZ overlay – other neighborhoods might take some preemptive action. Imagine a neighborhood that came together and pooled some resources and bought up the properties that came up for sale. Once there was a consensus, the residents could contract with each other to adhere to guidelines regarding the properties that went above and beyond the zoning. They could get the city to give them the streets and public areas, abandon the rights of way, etc. They could limit access, take responsibility for the roads, and be at peace with each other, like a gated community.

I know that gated communities are not at all “cool”, but we’re not posing here. Look, people talk a lot about loving “diversity”, but they don’t mean it. I’m sure many of the residents of Feldman’s Historic District and Neighborhood Association hold “diversity” close to their hearts, until it arrives on their streets. They then clamor for tighter zoning. The point of zoning laws, my friends, is to prevent diversity. No family wants to live by a meat packer, a mini-dorm, or a 24-hour coffee shop.

Hopefully, the example of Feldman’s will lead to securing neighborhoods through co-operative rather than combative methods.

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Tucson Elections Wrap-up

November 11th, 2009

The votes have been cast, and Tucsonans sent clear messages regarding the ballot proposals. Council races are now official.

Candidates:

Richard Fimbres won Ward V beating Shaun McCluskey. Karin Uhlich hangs on to Ward III by 195 votes beating Ben Beuhler-Garcia. Steve Kozachick upsets incumbent Nina Trasoff in Ward VI by well over 1,000 votes.

Props 401 and 402, TUSD Overrides:

Both attempts by Tucson Unified School District to exceed its its budgets limits were defeated, both by substantial 20 point margins. The failure reflects a basic distrust among Tucsonans. From the many financial scandals, to the “Post Unitary Status Plan”. Greg Patterson of Espresso Pundit credits the controversial “La Raza” (The Race) program.

Young man with Karin Uhlich tee-shirt holds SEIU generated ant-prop 200 sign at Tea Party


Prop 200, Public Safety:

This ill-conceived proposal would mandate specific police and fire response times, officer/population ratios, etc.The idea was to force the council to fund basic services rather than pet projects, favored charities, and payoffs to supporters. The promotion effort was terrible, and the Left seized on the general anti-tax mood to attack the proposal. Service Employees International Union (SEIU) activists were seen at the last Tucson Tea Party parading around with signs saying that Prop 200 would increase taxes. It lost 70% to 30%

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Election Night Republican Party Party

November 4th, 2009

On election night, November 3, 2009, the Democrats met at Club Congress downtown – their usual venue. For whatever reason, the Republicans chose Chuy’s on Tanque Verde. Chuy’s was crowded, noisy, and too poorly lighted outside to take good pictures. The patio was nice, however, and since it was “Bike Night”, there were lots of cool motorcycles to view.

Many Republican activists were there, along with many candidates – not just the three city council candidates, but many state and federal 2010 hopefuls. Mayor Bob Walkup showed up long enough to give a few interviews and leave. Though a Republican, Mayor Walkup is not very popular with members of the party. He did nothing for the Republican city council candidates, and when asked for an endorsement by Steve Kozachick, he refused saying that if Kozachick lost it wold make it harder for him to work with the Democrats. At one point, while Walkup was speaking with Sate Representative Frank Antenori, a Republican activist shook Walkup’s hand and thanked him for all the work he did on behalf of the Republican candidates. When some people began to laugh, Walkup asked Antenori at what were people laughing. Antenori replied, “He was making fun of you, and you deserve it.”

The Republicans stayed til closing with no clear victories. Bob Westerman, Pima County Republican Party Chairman, he would ask for recounts if necessary.

Update: As of Wednesday morning, Democrat Richard Fimbres appears to have won in Ward V over Shaun McCluskey. The other races are still too close to call, though Kozachick has a slight lead over Trasoff in Ward VI and Uhlich has a slight lead over Buehler-Garcia in Ward III.

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Teaching Injustice

October 12th, 2009

Dr. Ben Chavis, a Native American from North Carolina who earned both a bachelor’s degree and doctoral degree in education from the University of Arizona, took over a failing charter school in Oakland, California. He instituted high academic standards, and was a tough disciplinarian who passed out detentions freely. Dr. Chavis’ American Indian Public Charter School (AIPCS) has been consistently rated in the top five of the roughly 1300 junior high schools in California.

Back in the Old Pueblo, I heard Michael Block in a radio interview discuss one of his motivations for starting the Basis charter school here in Tucson and Scottsdale. Basis, you may recall, has been consistently rated one of the best high schools in the country by Newsweek magazine. Anyway, he had two daughters who moved from Europe to the U.S. and entered a Scottsdale public school. They learned English by attending school and watching television. According to Michael Block, they were treated very well, accepted and welcomed, but they were not learning anything academically. He started his own school with high academic standards, and the rest is history.

Meanwhile, Tucson Unified School District (TUSD) is preoccupied with “diversity”, and “social justice.”

TUSD’s “Post Unitary Status Plan” (PDF copy available online), adopted in July of 2009, contains the following: “Each school’s plan should specifically address the academic needs of African American and Hispanic students who are not performing at grade level and or meeting the standards as assessed by Terra Nova and AIMS. Each plan should also address the issue of underrepresentation in Honors, AP, and Gifted programs…”

Yikes! Let me break it down for you brothah.

“Each school’s plan should specifically address the academic needs of African American and Hispanic students who are not performing at grade level and or meeting the standards as assessed by Terra Nova and AIMS.” This is a good idea, but how about the Anglos, Asians, or Native Americans who are failing? Is that not a problem too? Now before you question why I included Asians, let’s just say that it is possible that an Asian kid might be failing in some school somewhere, hey, all I’m saying is that it could happen. Anyway, “equality” is repeated throughout the document as an important principal. Are some kids are more equal than others?

“Each plan should also address the issue of underrepresentation in Honors, AP, and Gifted programs.” It’s always been my understanding that these programs are not legislatures with every group having equal representation. Participation is based on individual merit, which makes over or under representation meaningless. Believing that demographic patterns for those in special programs must match the demographic patterns of the school as a whole is like saying that each time the dice are tossed they must add up to seven. The fact is that sometimes they do, sometimes they don’t, because they are unrelated. When Ronald Reagan was governor of California, he supported colorblind admissions standards for the state college system. Some tried to frighten him by saying that if there were no affirmative action admission standards the student body would be eighty per cent Asian; to which he replied, “So what?”

If you want to see how deeply destructive this document gets, go to the “Discipline” section. In it you will find the following: “As appropriate, the Department of Student Equity will interact with each school to review suspension data (in-school and out-of-school). School data that show disparities in suspension/expulsion rates will be examined in detail for root causes. Special attention will be dedicated to data regarding African American and Hispanic students.” And, “The Equity Team will ensure that disciplinary policies focus on improving students’ future behavior, rather than inflicting punishment, and that they represent a commitment to social justice for all students.” Finally, the ultimate attack on the individual. Now, not even punishment for breaking the rules relates to behavior. In fact, punishment itself is passe’.

So now we teach children that they are not responsible for what they do. Bad actions do not lead to bad consequences. Everyone is equal, except that some are more equal than others. We are no longer committed to justice for all; rather, we are committed to social justice for all. I don’t know what “social justice” is, but it is not “justice” – hence the addition of “social.”

I understand that TUSD really wants that desegregation money, but if you have to do this to the children, is it really worth it?

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President Obama’s Celebrity Turns Creepy

September 24th, 2009

Many people were a bit creeped-out by president Obama’s school lecture to the kiddies. It is important to understand that it was not the fact that the president was speaking to the kiddies, but the “Dear Leader” manner in which it was planned.

It was not broadcast on a Saturday morning, nor was it a clip on the news. It was done as part of the school curriculum, where attendance is compulsory. It also included, originally, a teacher guide that included exercises such as writing a letter to oneself abut how one could help the president, which was then collected to be distributed when appropriate to hold the individual accountable.

Now we see this video that apparently preceded the speech to schoolchildren:

Anybody care to deny the pattern here?

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In the Graffiti Colony

August 29th, 2009

Graffiti is the bane of Tucson residents. It is generally ugly, costly, and is an indicator (like broken windows) of a crime-ridden neighborhood. I’ll take it a step further, and claim that it is bad for the perpetrators. It is a tool for minors to develop their ant-social, even solipsistic tendencies.

No part of Tucson, certainly no part of mid-town, is untouched by graffiti. Individuals and neighborhood groups are engaged in an endless campaign to clean up after these proto-vandals. The City of Tucson assists residents in this effort by offering classes in graffiti abatement, and providing removal services. In fact, before the City of Tucson started experiencing budget constraints, it used to hire a contractor with two paint trucks to professionally color-match and paint over graffiti. A telephone call would dispatch a team to the scene of the crime.

Meanwhile, in another part of the municipal government, a how-to-do-graffiti class was both facilitated and subsidized. You may recall the mural spray painted on the side of a Tucson Water building downtown. It was the product of a class taught by “graffiti artist” Rocky Martinez. Mr. Martinez teaches a graffiti-art program for the City of Tucson called Arts in Reality. Accorfing to the Red Star, the program is funded in part by $8,000.00 from Regina Romero’s discretionary youth fund.

Here’s a money saving idea: the City of Tucson should decide if it wants to discourage graffiti, or promote it; then it could discontinue either the abatement efforts, or the how-to classes. Does that make sense, or am I missing something? The reaction of the public, particularly those who live in the vicinity of the “mural’, might have provided some direction to the City, but no, it went directly into silk-purse-from-sow’s-ear mode.

Everybody got together and talked with everybody else and decided to repaint the wall with more pleasing imagery. Everybody spoke of the community coming together and about what a great learning experience it was for the kids. However, all of this wishful thinking pablum pointedly avoided the problem – the kids were still being taught how to deface buildings. I know, they were told that it must not be done illegally, and a bunch of other cover-your-keester crap, but the promoters of that line are only fooling themselves. The new “mural” was unveiled in a ceremony on August 25.

The situation is Kafkaesque. It reminds me of his short story, “In the Penal Colony.” As you may recall, the story tells of a traveler who visits a penal colony where he witnesses an execution. The method is brutal. The prisoner is put in a machine that carves the name of his offense in his back, repeatedly, until he dies. It is an all day affair. The traveler sees this as barbaric, while the operator of the machine sees it as a good thing that brings the community together (there was a large gallery), and it really is art, you see, since the offense is written in beautiful swirling caligraphy. The prisoner himself figures out the message about ten to twelve hours into it, and seems to achieve a certain peace, according to the operator. If you guessed that the traveler is the people, the prisoner the kids, and the operator Regina Romero, move to the head of the class. At this point I must say that it is important to understand that the operator was not bad or evil, he just missed the larger point.

Everybody needs a hobby, especially kids, especially kids with too much time on their hands. There are lots of private groups and organizations that provide positive activities for children. I know of none that teach “graffiti art.” What do they know that the City does not?

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