Chronic Failure Archives - Friends For Fullerton's Future

July 5, 2024July 5, 2024Behind Closed Doors

More Bungling And Intransigence From Fullerton’s Underpaid Bureaucrats

On June 26th the Fullerton Planning Commission revisited the never-ending saga of a Noise Ordinance Revision, mostly as it applies to illegal noise in Downtown Fullerton, a situation that City Code Enforcement has for years been energetically ignoring. Friends may recall that the City Council bobbed and weaved on this issue at the end of 2023 and again in February, without, seemingly even bothering to read the proposed mess of an ordinance. Taking bold action the Council referred the matter back to the Planning Commission who had already rubber stamped it.

But when the PC did review the matter again, the same thing it had already approved, the Commission seemed to have developed both curiosity and courage. On March 26th they savaged the jumbled and contradictory hodgepodge and decided they had better have an on-site examination of the actual problem and the problem makers; afterward they would reconvene.

And reconvene they did, for a “workshop.” Somehow – and it’s not quite clear how – the meeting had been identified somewhere as a “public hearing,” a meeting where important discretionary decisions are made. Even the staff report contained a recommendation to approve the ordinance changes – a formal action. Some of the Commissioners wanted to shut it down then and there, and reschedule the matter; others were eager share their opinions after on-site field trips. In the end the Planning Commission continued the matter so that staff could get it right next time (they won’t).

The staff report itself contained the usual propaganda and misstatements and handwringing that have become the hallmark of Sunayana Thomas, Fullerton’s Planning Director and Economic Development expert. Here’s one:

This statement is absurd, of course.

Then there was the same old litany of difficulties in legally enforcing anything and winning in court. Jesus H., when they don’t feel like doing something they’re just weak as kittens.

Two things emerged during brief “public comments.”

First, Joshua Ferguson pointed out that the notice error was a Brown Act violation and also that a “serial meeting” had taken place. The unnamed lawyer at the meeting who is employed by “The I can’t Believe It’s A Law Firm,” claimed everything was kosher because a quorum of the Commission never met to discuss anything, which begs the question of whether staff itself can organize a serial meeting, illegal under the Brown Act.

Another thing that popped up is that staff, on its own initiative has actually now raised the allowable decibel level that they are recommending in Fullerton’s Commercial Zones to 80dBs – based, presumably, on their field adventures.

Two things remain crystal clear: City staff doesn’t want to do their jobs, and the coddling of nightclub operators abusing their 47 Licenses is going to keep happening until some City Council caves in and gives the bar owners legal license to keep doing what they’ve been doing for 20 years. The long-running effort to protect lawbreakers in Downtown Fullerton will continue for at least a while longer. And every delay makes more money flow into the pockets of the scofflaw bar owners.

July 1, 2024July 1, 2024Ahmad Zahra

Boutique Fun and Games With Johnny Lu and Larry Liu

by The Fullerton Harpoon17 Comments

FFFF has already reported on some of the colorful financial background of Johnny Lu of TA Partners, our City’s stand-up partner on the so-called “boutique” hotel project at the railroad tracks. This hot mess even has a name: The Tracks at Fullerton Station. The development has morphed into a monstrous minotaur by adding approval for a massively dense apartment – an amalgamation which gives us a shocking 130 units per acre, overall.

Well, anyway, we previously shared the news that Johnny was in default on massive construction loans he somehow finagled for projects in Irvine a few years ago. The lender on those has foreclosed on those properties.

And here’s some even more recent news. It seems that Johnny has waded out into more legal problems over in LA, according to The Real Deal, a real estate news source. Here’s the thrust of the complaint by bamboozled investors on a “project” at Playa Vista:

“The investors — who form an entity called RUC14 Playa LLC — sued Lu, Liu and TA Partners, alleging commingling of funds, fraud and misrepresentation, court records show. Attorneys for TA Partners, which have requested for arbitration in the case, did not respond to a request for comment.“

Johnny and his partner, Larry Liu, declared their bankruptcy on the Playa Vista project. But let’s give the misunderstood boys a break. A little contrition goes a long way, right? Said Larry:

“We would like to offer our apology for the non-compliance during project execution,” Liu wrote in the letter. “Self-reflection is needed and I would like to apologize.”

Whatever any of this means to “TA Westpark LLC.,” the corporation that was awarded the Fullerton project entitlements (without any competition) remains to be seen. But now Johnny and Larry have equity – and boy have they got equity; see, Councilmembers Zahra, Charles and Whitaker handed them a bonanza – a plot of land available for hundreds of units – for a mere pittance: $1.4 million less associated costs.

Ms. Charles happened to mention at a council item about raising funds for Fullerton’s fiscal disaster, that the boutique hotel plan was moving along. But there was no mention of the fiscal disaster facing Johnny and Larry Enterprises. Does she even know? Does she understand what is happening? Does she care? Probably no on all three.

The plan here is crystal clear. At this point nobody is going to lend Lu and Liu a bent nickle. But these fine fellows will have entitlements worth tens of millions on this project; a project that never should have happened in the first place – an unsolicited proposal by a local guy who had no chance of building a birdhouse.

This project will be reassigned to a third party, someone the City “business development” expert bureaucrats will be sweet-talked into recommending. And then Johnny and Larry will quietly disappear from Fullerton with millions belonging to us.

Fullerton being Fullerton.

June 29, 2024June 30, 2024Ahmad Zahra

Bungling Boutique Boondoggle Blunders

by The Fullerton Harpoon12 Comments

Some folks have been asking about the fate of the idiotic “boutique” hotel project that had morphed into a hideously overbuilt hotel/apartment hippogriff that is twice the allowable density permitted per the City’s own Transportation Center Specific Plan. Of course the project was never contemplated at all in the Specific Plan, so who cares, right? Fullerton being Fullerton.

In an act of utter incompetence the City actually rushed the approval to transfer of title to the land, before the deal had received final approval. Then they gave it away the land for pennies on the dollar.

Friends may recall our last October post in which we discovered that the new “developer,” one Johnny Lu of TA Westpark LLC, was way upside down on loans he had somehow leveraged on apartment blocks in Irvine and was in default.

You may also recall that Lu started shifting the property to different corporations, the first of which, a Delaware corporation, was non-existent. And just for grins, Mr. Lu changed the property description, too, when he later deeded it back to his California Corporation.

Anyhow, it looks like Johnny has finally created and recorded the appropriately named Delaware corporation in March – only two years too late, but, hey, not bad for Fullerton, right?

There has been nothing but radio silence from City Hall as to the status of Mr. Lu and whether he has met any of the stipulated deadlines in the Development and Disposition Agreement, but as we have learned in the case of the Florentine/Marovich sidewalk heist, contractual obligations mean nothing when the “I Can’t Believe It’s a Law Firm” of Jones & Mayer is your City Attorney. Recently, cluelessly verbose Shana Charles indicated that the project was still alive and well. She didn’t mention Mr. Lu’s financial embarrassment, but then nobody else has, either.

And now for some sadly interesting news. It turns out the original Founding Father of the boutique hotel concept, Craig Hostert of West Park Development – the guy who sold the idea to Jennifer Fitzgerald, Jan Flory, Jesus Quirk Silva, Ahmad Zahra, Bruce Whitaker, et. al. – died in late May.

Poor guy. He went to his Reward after getting pushed out of his own scheme, and sticking us with the appalling, metastasized mess the concept has predictably morphed into; showing that once again, no bad idea goes unappreciated in downtown Fullerton. Being Fullerton, of course.

June 13, 2024June 13, 2024Ahmad Zahra

Revenue Enhancement Time. Plus Lies and More Lies

by Joe Sipowicz8 Comments

Last Tuesday the Fullerton City Council voted 4-1 to approve the ’24-’25 city budget. Whitaker, as usual voted no. The budget projects big deficits as we’ve already heard.

After that the Council was presented with “revenue enhancement” ideas – the same old nonsense that we’ve already talked about, here. At first these ideas were simply floated to make it look like somebody had given some thought to find other ways, however silly, to address the tsunami of red ink; but in reality the point was to push a general sales tax, a movement that had been subtly going on for many months.

However the proposals agendized last Tuesday did not include a sales tax this fall, a sure indicator that the City Manager has polled the Council and knows he doesn’t have the votes to put it on the ballot. But that didn’t stop Councilmembers Charles and Zahra from pitching and pitching and pitching the idea; and finally supporting each other to get the issue of a sales tax on the an agenda, pronto, in time to schedule it for the November election.

But before that happened the public was treated to some of the most blatant and self serving re-writing of Fullerton history I have ever heard.

If I knew what I was talking about this wouldn’t be Fullerton!

Shana Charles started off with long-winded blabbering that was irrelevant, self-contradictory, confusing, and erroneous. Of course – “decimated” staff, the ill-effects of right-sizing,” reduced response times – the usual liberal litany of problems were simply meant as an introduction to the sales tax proposal. Her complaint was that previous councils had made mistakes, not by exercising fiscal restraint, but by “cutting to the bone.”

Charles then lauded the wonderful benefits that the City of Placentia derived from it’s Measure U sales tax that saved it, having declared bankruptcy – a statement completely false. She failed to mention the fact that Placentia has saved millions by getting their “fire fighters” out of the paramedic business, an idea of which her Fullerton fire fighter union pals are terrified.

While patting herself on the back for very recent staff and service level increases, she failed to see the rich irony of her own incompetence on the edge of a precipice: a situation well-understood when she voted for last year’s budget.

More economic development, better wardrobe…

If Charles blathered nonsense, Zahra just lied about Fullerton’s recent fiscal history, most likely because he has been on the City Council for 6 years, and has his greasy fingerprints all over the budgetary disaster.

According to Zahra, our problem reaches back decades and only now is the Council addressing the problem. Of course our City Councils have made bad decisions over the years, but the current disaster is of very recent vintage and has also occurred while he has been on the City Council.

For several years in the mid and late teens Fullerton was dipping into reserve funds to pay the freight, even as Zahra’s allies Jan Flory and Jennifer Fitzgerald and Jesus Quirk- Silva were lying to the public about the budget being balanced. It wasn’t. In fact the City continued in its cavalier way until Fred Jung and Nick Dunlap joined Bruce Whitaker on the council in 2020.

Measure S Covid Lie — Let me count the ways…

Zahra related how he, as a precinct-walking candidate, noted how people wanted better roads and how his predecessors had promised them, too, but that they failed. He didn’t note the fact that Fullerton’s public safety employees were hogging up bigger and bigger shares of the budget – as they still do.

The subject of Zahra’s failed 2020 Measure S sales tax came up, a sore subject, apparently, since his underserved constituents in D5 voted for it. So let us not stop from revisiting it, and right now! Charles chimed in that well she people she spoke to voted against it because there was no sunset provision, and, get this – because there was no oversight committee!

As an aside, I have to share that Zahra made an hilarious little speech about he could not support an infrastructure improvement bond because voting for municipal debt would keep him awake at night!

Bruce Whitaker made just about the only insightful comment of the discussion, namely: that cities can control costs but they can’t control revenue, an observation that flies in the face of the revenue enhancement propaganda, but that is perfectly true. As has been stated here before: nobody even knows if an Economic Development Manager even pays for himself in terms of incremental tax increase.

I will wrap this up by acknowledging a Zoom caller who actually did make a good revenue enhancing and who identified a huge fiscal problem: downtown Fullerton, the annual sinkhole that makes millions for the scofflaw club owners and that leaves the taxpayers with a $1,500,000 bill. He suggested a special assessment on these eager party entrepreneurs to pay for the havoc their booze and their customers cause. Not surprisingly, none of the council members even mentioned the problem. They never do.

June 5, 2024June 4, 2024Ahmad Zahra

New Well. Same as Old Wells

by Fullerton Engineer19 Comments

A new testing well has recently appeared on Walnut Avenue next to the source of trichloroethylene contamination at 311 South Highland Avenue. Friends may remember that this contamination has been monitored by the Feds and the State agency responsible for tracking such things. Here’s the drill rig crew hard at work installing the well casing.

Of course FFFF has already noted the existence of the contamination of the property and its neighbors in the context of the dismal $2,000,000 Trail to Nowhere, pet project of Ahmad Zahra and his colleagues on the City Council; FFFF also identified ten testing wells on the trail site, plus a couple more in the middle of Truslow Avenue. Apparently testing is now taking place to the north, on Walnut Avenue, too. That’s not very good, is it?

The City of Fullerton claimed and still claims that there is no problem with their trail site and apparently the State Natural Resources Agency, the bureaucracy that doles out grant money, remains incurious as to why no mention of trichloroethylene has ever been made by Fullerton’s environmental consultants in their reporting.

Meantime the City continues its silence about the growing plume that could be moving northward, too.

Of course public employees are indemnified for their activities, no matter how incompetent or based in misfeasance. It’s the public that gets to pick up the check.

June 4, 2024June 4, 2024Arts & Architecture

I Wanna Paint It Black

by Disillusioned Ex-Hippy6 Comments

So somebody noticed that a new downtown “club” called Kalaveras is opening. Looks like they have painted the rear of their building black.

Apparently they have also expanded their business into an adjoining property.

The trouble is, according to our correspondent, their Conditional Use Permit is only for 122 W. Commonwealth and work is being done next door – at 120 W. Commonwealth – which is not covered under the CUP. Oops. It looks like they’re actually putting in underground plumbing.

I don’t know if this information is accurate, but I know if it is, the City will likely do nothing about the scofflawry, Fullerton being Fullerton.

As far as the black exterior is concerned, it’s hard to believe that the City actually approved of this since elevations must have been submitted along with the CUP application, and yet Fullerton’s Planning Department has been so inept and careless in the past that maybe it seemed okay, Downtown Fullerton being all about coolness and hipness and a wonderful, vital, -$1,500,000 per year success, and all.

It’s entertaining to recall that the location of this operation is the same place that Slidebar, DTF’s Nexus of Nuisance used to occupy. That owner, Jeremy Popoff, went years operating without a CUP, breaking just about every rule in the book.

May 23, 2024May 23, 2024Bad Cops

A Shameless Hustle

by Joe Sipowicz26 Comments

A good Friend received an interesting piece in the mail the other day, and sent it in to FFFF.

It’s a solicitation from Scott Flynn, President of the FPOA – Fullerton Police Officer’s Association – the cop’s union in Fullerton.

It seems your support of the police union “has been a beacon of hope that has helped fuel many initiatives to make our community a better place.” Somehow your donation helps the cops with their “support” of all sorts of philanthropic efforts. What that support might be is left to the imagination of the reader.

If you give them some big money you will get incredibly valuable gifts as a “VIP.” An “engraved” tumbler and a “custom donor plaque” will be yours for the low, low price of $1000.

Of course the solicitation is based on the idea that the giver isn’t very bright. The obvious first thought is that if you put the FPOA’s decal on you car somewhere, you might just avoid getting that next, expensive, moving violation. Could that be true? I don’t know, but the thought obviously crossed the minds of the solicitors and the donors.

Second, if you look closely at the piece you notice something interesting.

Of course this operation isn’t a non-profit and you can’t deduct your donation. In fact the FPOA exists for only two reasons: first, to use its political influence electing councilmembers to squeeze evermore higher wage and benefits out of the citizenry; and second to remain as unaccountable to the civilian authority as possible.

The whole thing is hardly different than any other mail scam trying to get people to part with their money. There is no charitable purpose here, just a way to get people to support a public employee union by pretending to be doing good works.

Why wouldn’t any intelligent person simply donate to the real and worthy charity of their choice, and get a tax deduction, too?

May 18, 2024May 18, 2024Ahmad Zahra

What’s Wrong With This Picture?

by Mr. Peabody57 Comments

Downtown Fullerton saw a ribbon cutting this week for “Madero.” It’s not a new place. It used to called “Matador” but an El Matador already existed in Costa Mesa and the story goes that Mario Marovic, proprietor of the Fullerton place, got sued and had to change the name of his establishment. So an event was held and here’s the scene:

The guy with the green hat is Mario Marovic. That name sure rings a bell.

Right. He’s the scofflaw who got caught squatting on the City’s property on Commonwealth Avenue – the legacy of the Tony Florentine sidewalk theft. When that came out Marovic made a deal with the City to remove the egregious “bump-out” and to be complete by July 2023. Oops. Nothing has even started, 14 months after the start of work deadline. And we know that the City Council has been presented with some sort of legal claim by Marovic, because it was on their Closed Session agenda.

And who is the little guy on the left standing next to Marovic? Why it is none other than the District 5 Councilman Ahmad Zahra, dressed in his usual ribbon-cutting attire, palling around with Marovic and even giving him some sort of City proclamation!

Now, we all know that little Ahmad is a notorious attention hound and desperate photo-op seeker. We also know that a City Council agreement isn’t worth the paper it’s written on. But this is really too much. Marovic is still squatting on public property and it looks like no one in City Hall has the balls to enforce an agreement signed by Marovic himself. Instead the City seems to be actively socializing with him.

May 7, 2024May 7, 2024Behind Closed Doors

Coming to a Theater Near You

by Disillusioned Ex-Hippy15 Comments

On this week’s Fullerton City Council agenda I caught a glimpse of the upcoming May 21st agenda forecast:

AGENDA FORECAST (Tentative)
Tuesday, May 21, 2024

APRIL 2024 CHECK REGISTER
MONTHLY COMMITTEE ACTIVITY AND ATTENDANCE REPORT
DISPOSITION AND DEVELOPMENT AMENDMENT FRONTIER
COSTA COURT AREA STREET REHABILITATION PROJECT
ALL CITY MANAGEMENT SERVICES CONTRACT
SENATE BILL 1383 COMPLIANCE ACTION PLAN FOR SERVICES AND PROGRAMS
CHAPMAN PARKING LEASE
FOX BLOCK
REVENUE OPTIONS

Not all that interesting until you get to the bottom.

Yeah, it was ugly as sin, but there sure was a lot of it…

The Fox Block, a never ending saga and a classic example of a tail wagging a dog. For years the “rehabilitation” of the historic Fox Theater structure has been used to support all sorts of God-awful lunacy, including residential land acquisition and demolition, new grotesque clown architecture, and the six million dollar relocation of the McDonalds restaurant a couple hundred feet to the east. The “Fox Block,” as the boondoggle came to be known, is a living fossil of the bad old Redevelopment days, when any nonsense could be got away with by City staff playing with Monopoly money. Damn accountability. It’s the Fox Block!

Why this is on the agenda is as yet unknow, but I noticed that one of our Friends “Fullerton Historian” suggested it may have to do with extending a development agreement or some other similar concept. Then I saw the third bullet point above: Disposition and Development Amendment with Frontier. “Frontier?” That’s all? What is this? Frontier Real Estate is our “partner” on the Fox Block, meaning we’re probably taking the risk and they’re goon get any reward – if there is any.

M. Eric Levitt. Will he save us from ourselves?

And finally we see an item simply called “Revenue Option” an oatmealy sort of phrase, but one that FFFF has already discussed. At this meeting the City Manager, Eric Levitt, will try (without too much unseemly enthusiasm) to tie dangling threads heretofore described here: a push poll created to drum up support for enhanced public services; a review of the likelihood that general sales tax might pass at 50%; and a precipitous budgetary cliff looming ahead.

See where this is going? Let’s see who stands up and demands that for our own good we must have a tax increase.

April 23, 2024April 23, 2024Ahmad Zahra

The Fiscal Cliff

by The Fullerton Harpoon33 Comments

The Fullerton City Council is holding a special meeting tonight – a 2024-25 Budget “workshop.” No work will get done but there will be shopping going on as staff begins its formal press to raise a sales tax.

There is a lot of self-serving verbiage about how well our City staff has performed its tasks up ’til now, but then the hard reality hits because budget numbers can’t pat themselves on the back.

There are some harrowing numbers in the proposed budget – including a $9,400,000 draw-down from strategic reserves. This means of course, that the budget is no where near balanced as City Hall apologists like Jennifer Fitzgerald and Jan Flory claimed when they ran the place into the red almost every year.

Let’s let our City Manager, Eric Levitt tell the tale:

“Financial Stability. The City has been able to over the last two years (for the first time in recent history of the City) to reach and maintain a 17% contingency reserve level. This budget maintains that reserve level; however due to an operating deficit, we will be utilizing one-time excess reserves this year and coming close to that 17% level in FY 2024-25 and below that in years beyond next year“

The overall picture gets even worse as the levels of reserves slowly dwindle away. After this year Fullerton continues to be upside from $7.5 to $8.8 million each year until the end of the dismal decade. We are not favored with the running reserve funds balances.

Infrastructure is supposedly a big deal. Which reminds me of a quotation attributed to Mark Twain: Everybody talks about the weather but nobody does anything about it. But this year we are told, we can push get going on our deteriorating infrastructure along by borrowing! Once again let’s heed the words of Mr. Levitt:

“I have also put together a strategy to increase that funding level to closer to $14 million over the next four years through the use of financing. However, there are both upsides and downsides to this approach which will be discussed with you in more detail at today’s presentation.“

Now this should be a red flag: borrowing to perform maintenance, a basic accounting no-no. And what form will the borrowing take? Not a municipal bond, you can be sure, It would likely be by selling certificates of participation or some other dodge to avoid municipal debt restrictions. Here’s the table that shows our Maintenance of Effort (MOE) shortfall without financing.

Now we all know that interest payments are made by somebody, somewhere, and that somebody is you and me. We get to pay the interest on debt incurred by years of municipal mismanagement by people like Joe Felz and Ken Domer and Jeff Collier who get to sail off to a glorious and massively pensioned retirement at 55 years of age.

And finally, to circle back to the story lead, here’s a distasteful nugget carefully slipped into the City Manager’s report:

“Staff recommends City Council review options over the next year to stabilize the budget and ensure the City remains financially sound.“

Jesus H. There it is. Not quite explicitly stated, but we know very well where this is going. Another general sales tax effort, just like the ill-fated Measure S of four years ago. The seeds for this have already been planted, of course, in a nasty little taxpayer-funded fishing expedition in the guise of a community survey. Last November I regaled the Friends with this slimy maneuver, here.

By the way, this is exactly the same process City Hall rolled out four years ago. And we will be told By Ahmad Zahra, Shana Charles and Vivian Jaramillo that if we don’t pony up we will be morally deficient.

Well, good luck Friends. This is going to be a long year and you can bet the farm that we will be asked to pick up the check – again.