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The owners of several small businesses say a cyclone fence went up behind their properties the evening of May 10 with no real purpose other than to cut off access to their shops and force the sale of their properties.
“All our customers are shocked and amazed,” said Paul Brunmeier, co-owner of Barron Park Plumbing Supply. “The fence makes us look closed. There’s no reason to have this fence there. It was a tactic designed to intimidate the owners.”
The fence, put up by developer of the adjacent property, Merlone Geier, isn’t there to block off a construction site, but did block customers of the businesses from using the large parking lots near Ross and Beverages & More, which remain open.
Fence portions near Barron Park were removed by irritated customers, Brunmeier said, while a cardboard sign tells customers that the plumbing supply shop is still open.
Greg Geertsen, managing director for Merlone Geier, denied that his company was putting on the pressure for owners to accept his company’s offers to buy all five properties on the corner.
“That is not the intent at all,” he said. “The intent is to protect our property rights.”
The customers and employees of the businesses at San Antonio Road and California Street, with the exclusion of Milk Pail Market, “do not have the right, by agreement or easement, to park on San Antonio shopping center,” Geertsen said. “We have to enforce these rights.”
If the five owners don’t sell, “the project will be built around them,” Geertsen said. “They won’t have future access to the parking lot. I believe they’ll have parking on their own parcels.”
Zoning Administrator Peter Gilli said the fence isn’t allowed by the city
“Putting up a fence requires planning approval,” Gilli said. “There was no planning approval. I don’t know if we would have necessarily approved the permit.” He added in an email that the developers “were unaware of the requirement, and they will follow up on it immediately.”
Gilli added that Merlone Geier does not yet own the property, but is in contract to buy it.
Dave Pilling, owner of an office building next to Baron Park, said the fence was over his property line by several feet, so he took matters into his own hands and took the fence apart last Saturday and moved it off his property.
“My tenants were very disturbed by it,” Pilling said. “Cosmetically, it looked awful.”
“I’m in the middle of negotiating a two-year lease with my tenants, who were essentially saying, ‘How stable is this whole thing?’ with people putting fences up and all this other stuff,” Pilling said.
Merlone Geier did have a gate installed in the cyclone fence to allow people who use a nearby bus stop to walk through Pilling’s property and onto an easement at the shopping center, Geertsen said.
“It killed my business,” said Mehran Farshad, co-owner of the International Halal Market, neighboring Barron Park Plumbing Supply. The market had its driveway’s exit into San Antonio shopping center blocked by the fence, he said.
“People saw they could not exit, so they did not enter the property.”
The fence blocking the driveway at the International Halal Market was allowed to be moved by Fire Marshal Jayme Wentker for fire safety reasons, Farshad said, though Wentker could not confirm this by press time.
Developer Merlone Geier is planning development of a hotel and office space next to the small businesses, replacing Jo-Ann Fabrics, Ross and Beverages & More. The Environmental Planning Commission is set to discuss that project Wednesday, May 16. Meanwhile three five-story apartment buildings, ground floor retail and a new Safeway are under construction by Merlone Geier at the former Sears site next door.
The firm is offering to buy all five properties at the California Street corner, but so far only the owner of the building housing Barron Park Plumbing Supply is under contract to sell, said Greg Geertsen, managing director for Merlone Geier.
Brunmeier said he had offered to buy the Barron Park Plumbing Supply building himself, but says his landlord wouldn’t sell. “It’s hard to believe he sold it for $1 million, which is what I offered, unless he was intimidated,” he said.
Pilling said he was offered $1.1 million for his building, which he said made little financial sense compared to his rental income.
Milk Pail Market owner Steve Rasmussen said he didn’t want to sell his property, which recently underwent a $1.7 million renovation, but “life doesn’t have any absolutes. Milk Pail has every intention of continuing for years into the future whether we stay there or locate to another building.”
Only the Milk Pail Market has an agreement to use the parking lot behind the businesses, which expires in 2016. Those parking spaces “will all be redeveloped,” Geertsen said.
When asked if his business would have enough parking on his own property to meet city requirements, Rasmussen said, “No, I won’t.”
“I think the community will be hugely interested in preserving the Milk Pail,” Rasmussen said. “That is all part of the discussions that are no doubt going to start going on.”
Farshad said that Merlone Geier removed 14 trees from his property that were shading cars in his parking lot, but Geertsen disagrees, saying the trees were on Merlone Geier’s property.
“They don’t own that property, that’s ours,” Geertsen said.
Farshad also says the fence should not have gone up against his back wall, and after having checked with the city’s planning department, he insists that his property line is back far enough to allow a car to drive from his lot and along the back wall and back out to San Antonio Road on the other side of his building. But it appears that at some point an agreement must have been made to allow his parking lot to instead exit into the shopping center, while the car circulation around his building was blocked by cement islands.
Without some sort of parking lot exit, there’s little room for a u-turn in his lot and so far, the planning department can’t find evidence of an agreement to allow the driveway to exit into the shopping center, said Planning Director Randy Tsuda.
Tsk, tsk, it appears that the developer, Merlone Geier, doesn’t know how to play nice, or at the very least, doesn’t want to.
Its common knowledge that a layout plan outlining construction fencing is required to be submitted to the City for relevant review of fire and medical access, public access, and property line demarcation.
Even a property owner concerned only with their property rights, and not intending intimidation or malice, knows this. One who wants to be cooperative with the City and a good neighbor would certainly know this.
Even more so Merlone Geier, which lists $2.3 billion in capital, 17 million square feet of space, and over 100 west coast properties specializing in retail and mixed retail.
http://merlonegeier.com/AboutUs.aspx
This is not their first rodeo, nor their first bucking bronco…
I’ll be looking very closely to see how the City “reminds” Merlone Geier who the boss is in this town.
This is one more example of Mtn. View residents being pushed to shop in Sunnyvale.
The following comment was moved from a duplicate threat that has now been closed:
SHAME on the developer! I am certainly a loyal customer of The Milk Pail and Jo-Ann’s. It is terrible what is happening there.
by Loyal customer May 16, 2012 at 2:19 pm
Please attend the Environmental Planning Commission Meeting tonight at 7 pm at the city council chambers to stand up for local businesses and the needs of the local residents. We need to show the city that we do want them to stand up for our interests. If you can’t attend, please send an email to either the EPC or city council. Let’s take back our neighborhood and have it meet our needs, not the developers’. We will get run over if we don’t speak up!
Between Google and Merlone Geier, we are really screwed.
We know who is boss of this city and it sure isn’t the residents.
Its big shot pushy out of town developers who can and will do anything they want in this city. We have no say and no one represents us.
I come from Cupertino to shop at Barron Park Plumbing Supply which has fantastic customer service shop and an excellent inventory. Of course, when I’m already in Mtn. View I then shop at places like the Milk Pail and Cost Plus. I certainly won’t need to bring my out-of-town dollars to a hotel or offices. The city of Mtn. View should make a concerted effort to keep specialty businesses like Barron Park and the Milk Pail…and our out-of-town dollars.
What a sleazy and unethical tactic! Makes me wonder what else this developer may try to get away with. I hope there will be vigorous code inspections on this project.
Shame. Greg Geertsen and Merlone Geier have NO right to abuse small, community businesses. Who on Mountain View City Council is allowing this to happen??
EVIL
It’s bad enough that the city drove out long term speciality meat provider, multi generational family owned Dittmer’s (over disputes on their rebuild plans after their unfortunate fire…they are now relocating down the street in Los Altos, a great loss for Mt View)….this egregious unlawful behavior by Geier ouught to result minimally in a fine if not more….the city should be looking to Geier’s plans to incorporate these highly valuable unique businesses (Barron Park, Halal, and the Milk Pail) into their larger plans as they gobble up and plan out this large commercial area of the city…not forcing them out and attacking their businesses financially (when they don’t even own the land at this point)..the city planning commission and council should be insisting on solutions from the developer on these unique businesses not forcing them out with strong arm tactics..Mt View is already developing a reputation for being the most difficult city to work with for small businesses in the area, this isn’t helping the situation
Amazing how much false info is provided above.
Some council members wanted a hotel (instead of housing) for the hotel tax money and told MG, no housing fee, then no housing. MG came back with hotel and commercial office space to make up for a lower revenue generating hotel.
As far as the fences, MG is merely asserting their rights to land they will eventually own and replace with office space. Except for the milk pail, the other owners have no agreement to use the parking spots on MG’s property . Perhaps, MG should be allowed to use Barron Park’s parking spaces. The SAPP and parking agreement does not apply to this small corner lot parcel.
Dittmer’s was not forced out by the city. They chose to move to another location.
“As far as the fences, MG is merely asserting their rights to land they will eventually own and replace with office space. Except for the milk pail, the other owners have no agreement to use the parking spots on MG’s property . Perhaps, MG should be allowed to use Barron Park’s parking spaces.”
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The issue here isn’t about property rights, nor a right to assert them. Its about common courtesy and being a good neighbor. There were many ways for Merlone Geier to approach this issue that would have eliminated the poor PR and relationships with the existing businesses.
It chose to take a different route.
Moreover, regardless of their property rights, they still had a responsibility to have their fencing plan reviewed by the City for Fire and public access. According to the news story, the City was not informed as well.
There’s a difference in being convicted of wrong doing in the eyes of the court, and being convicted in the eyes of public opinion and the governing body which authorizes your work (the City).
For a high profile project like this one, Merlone Geier would do well to pay attention to managing both priorities.
I understand the upset about the fences, I can understand the owner doing it, maybe one day the owners of the small properties are going to wake up and find a back wall of building instead of a fence. The plan is not a done deal, this is what they want to build doesn’t mean they will get this plan.
This shopping center is a nightmare to get any kind of mall or big center, to many property owners with to many different leases. Plan and build something really nice, something with residences, offices, shops and a hotel or two.
This is what MV gets for electing a bunch of libertarians to the city council
There’s only one registered libertarian on the council. One of the few sane members.
Garret has an excellent point. These business’s are being surrounded and the landowner wants to move on.
Hardin, to say the issue is not about property rights or asserting them is complete nonsense. What do human rights mean if you cant enforce them? Common courtesy is a two way street. Both parties have to AGREE. I assume you would be OK if your neighbors decided to use your house as a parking lot without your permission.
I seem to remember there is a common law practice that goes something like this. If a property owner has allowed traffic, people in this case, to park or drive on their property for many years and has done nothing to stop the traffic then an easement is established that cannot be stopped by the property owner belatedly decided to fence off the traffic. The new owners take on the liabilities of the property just like the old owners. If I owned one of the fenced off businesses I would talk to a lawyer.
“Hardin, to say the issue is not about property rights or asserting them is complete nonsense. What do human rights mean if you cant enforce them? Common courtesy is a two way street. Both parties have to AGREE. I assume you would be OK if your neighbors decided to use your house as a parking lot without your permission.”
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As I’ve stated before, the issue is not about property rights, because on that score, Merlone Geier is within the law in fencing off their property. No argument there, its just not the important part of this story.
The larger issue, ie problem, is the WAY they went about enforcing their property rights, and how the method they chose to do so was a poor choice with regards to the court of public opinion (like this news story). Companies don’t hire PR folks for no good reason. There is a definite strategic and business value in having good relationships with your neighbors and the City.
Being technically right, but culturally wrong, can mean failure in business.
You’re also seemed to have conveniently left out the fact that Merlone Geier did indeed violate technical procedures in not submitting their fencing plan for City review for Fire and Public safety access.
And to answer your question, I would definitely protect my property rights if they were infringed, but would have chosen to SPEAK with my neighbors first, before throwing up a fence.
The way I see it, I’ll be living next to these folks indefinitely, and the last thing I would want is bad neighbors who would be ready to call the City at the drop of a dime, especially if I were beginning a large remodel on my property, like Merlone Geier is. Its the wrong time to pick a fight.
Hardin makes some good points about PR but eventually these parking spots are going to disappear. My feeling is that that the sooner they send that message, the better.
“Being technically right, but culturally wrong, can mean failure in business.”
Not sure what cultural aspect you are referring to.
“You’re also seemed to have conveniently left out the fact that Merlone Geier did indeed violate technical procedures in not submitting their fencing plan for City review for Fire and Public safety access.”
Technically, changing a light bulb could require a permit. Backyard fences and extensions are routinely approved with a phone call. City staff are just covering their rear ends here. You havent heard them telling MG to take down the fence. They would eventually approve a fence
Anyone who goes into that parking lot has to deal with the oblivious drivers and pedestrians rushing to get to Milk Pail Market. Car stopped in the middle of the parking lot intersection and people who are compelled to walk in front of cars without looking.
And the International market is easily the filthiest store in Mountain View. The baskets for shoppers don’t look like they have been cleaned ever–the look like the bottom of a trash can.
Eventually the access is going to be blocked off, that’s they way things work out sometimes. It has been YEARS since there was talk about redoing this shopping center, some folks have just made bad choices and buried their heads in the sand when it comes to what may have come in the future.
These small businesses are the heart of Mountain View, and the city’s punitive and aggressively anti-neighborhood policies are a big factor in making it easy for me to consider looking to live elsewhere (outside California for that matter.) The fact is that as citizens, we have more than enough access to generic, unimaginative mass-developed retail that is the product of more capital than sense, as Merlone Geier seems to manifest. What we need are vibrant neighborhoods with businesses that cater to our unique lifestyles. I was recently in Denver appreciating how they have cultivated the diversity of their neighborhoods and their local businesses, wondering why Mountain View seems incapable of doing so. I think the answer is that we have local government leaders in thrall of big corporate money without a real sense of ownership of the city. Much like our Supreme Court, they confuse what’s good for corporate america with what’s good for their city. It’s a sad state of affairs, and reminds me that our council is an inexperienced, expedience-focused bunch.
Well said. I second the opinion.
Merlone Geier = slime.