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:
All smiles…
The guy with the green hat is Mario Marovic. That name sure rings a bell.
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!
Will not work for new clothes…
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.
It seems like every few years Fullerton City Councils are presented by the bureaucracy with a new “fiscal cliff”: It’s done slowly, tentatively, and then with an ever-increasing tone of persuasion, the argument for “revenue enhancement” unfolds.
Revenue enhancement means taxes or debt – one way or another. And so it is in 2024.
With time running out to put a tax increase on the November ballot, the urgency from “staff” is getting more direct. Time has run out for soft-sell concepts like phony push polls of unwitting citizens. At Tuesday’s council meeting our esteemed City Manager is presenting ideas for raising money.
Well, it might work…but, then again…
TOT Tax. What is a TOT tax? Transient Occupancy Tax is a tax levied on visitors who stay in Fullerton hotels. The staff report tells us that several million can be raised with a slight increase and that hopefully we will remain competitive because we are so close to the Anaheim “Resort.” No on can prove this one way or another, but it seems like becoming comparatively less competitive is a poor way of raising revenue. The positive thing about a TOT increase, says the staff report, is that Fullerton taxpayers won’t be affected (unless, of course the concept turns out to be a money loser).
Sales tax. We have already seen the sales pitch on how a general sales tax only needs 50%+1 to pass. We are told that a “1%” increase (from 7.75 to 8.75) on sales tax is being pursued by cities up and down California, etc, etc. Of course they think we’re too dumb to know that this isn’t a 1% increase, but a 13% increase. As with a TOT increase, it’s hard to see how becoming comparatively less competitive is going to make money. The sales tax issue seems DOA. 4 votes are needed to put this on the ballot and Whitaker and Dunlap aren’t going for that.
POBs. And then we see the concept of Pension Obligation Bonds, in which bond revenues are deposited with CalPERS to buy down the actuarial unfunded liability. The idea is that the interest rate on the bonds is lower than the return CalPERS will give us and the difference is all gravy. This idea was floated back in 2021 by then Interim City Manager, Jeff Collier. FFFF covered the proposal, here. One upside is that this scheme is not constrained by the usual debt ceiling limits placed on local governments by the state. Great. More gambling.
Well, there she goes. Don’t worry. There’s more where that came from…
Mr. Collier was kind enough to visit our humble site to educates us on POBs. Friends immediately pointed out the risks involved with POBs, and the lack of skin in the game Collier and his pals had. And that was three years ago when market interest rates were way lower. The equities market is now going through the roof so the idea looks appealing to our bureaucrats, but not to California pension system observers who note CalPERS ever-declining return assumptions and remember the disaster of 2008. Will the City Council approve this gambit? It’s possible, and a public vote is not required.
Hey, you down there…
These various options involve raising taxes or encumbering property to some extent. That’s risk with a speculated payoff. Ahmad Zahra is bound to support anything risky and foolish so as to protect his friends in City Hall. So is Shana Charles, another liberal torchbearer who will tell us this is for our own good; or for the urban forest; or for boutique hotels, or something else nonsensical. Whitaker won’t go for any of this nonsense. Dunlap? Who knows these days. And then there is Fred Jung who had the opportunity to be the third vote to shut down talk of revenue enhancement last year and didn’t.
Hero. Deserve.
A problem with any tax revenue increase is that the increase, such as it were, will immediately be snatched up by the so-called “public safety” employees, whose unions have the clout to grab what they want and everybody else be damned. That’s exactly what happened in Westminster a few years when the cop union pounded the pavement for a sales tax increase, got it, then gobbled it all up. And Westminster is right back where they were before.
Back on its May 7th meeting the Fullerton City Council had a hearing about street sweeping ticketing. It was such a super-critical issue that the Voice of OC wrote about it here. The author is none other than Mr. Hossam Elattar, the same boob who missed the Trail to Nowhere scam.
So many injustices, so little time…
Reading the Voice article you get the idea that the ticketing was a great social injustice, affecting the lives of what the author charmingly calls the “working class” in overcrowded parts of town. This is the editorial narrative the Voice of OC always deploys in its “news” – the oppression of the underserved.
Of course at the meeting, this same tack was immediately propounded by Councilmember Ahmad Zarha, who would go on to conflate this parking issue with the principle one affecting neighborhoods with too many cars: overnight parking bans. But a hero needs a problem to fix for the “poorer part of town” as he put it. The two issues are quite different since cars of the “working class” are used, presumably, to take those people to work and are gone when the sweeper rolls by. Oops.
The sweeping problem is that regular street sweeping keeps our trash out of the Pacific Ocean and instead goes to a big hole in a Brea hillside. The storm water system is regulated by National Pollutant Discharge Elimination System (NPDES) permits. The age-old practice of allowing cars to park on street sweeping days is no longer a thing.
Good Lord, what a to do over a non-problem.
Staff, to their credit, recommended to keep things the way they are – weekly sweeping of each side of each street, and tickets for those vehicles that haven’t been relocated.
Three proposed “options” added significant costs for more complicated logistics and signage, or a violation of the NPDES permit. Whether these costs were legitimate or just jacked up to undermine the options is open to cynical speculation. Obviously, the violation option was just an obvious non-starter made to look like a choice. And with our latest budget crisis nobody is going to waste hundreds of thousands down this rathole.
Our city council (Fullerton, being Fullerton) hemmed and hawed and finally decided the current system was flawed and requested new options. Our Mayor, Nick Dunlap was not happy with the “one size fits all” approach and found an ally in Ahmad Zahra who again pitched the issue as a discriminatory one since the most ticketing took place in south Fullerton. Fred Jung didn’t say much except to say he wanted something better, or to leave the status quo. All so helpful. Dunlap even proposed possible refunds to ticket receivers.
So just as with the downtown noise fiasco this issue will be kicked around some more. I’m surprised it wasn’t sent to the Traffic and Circulation Commission for lengthy cogitation.
No one really bothered to ask what the big deal was and how come people can’t get off their asses and move their cars. Yes, multiple-hour windows of time are used for sweeping, but in reality the sweeping schedule is an extremely predictable period of time, easily planned for. No tickets are handed out after the sweeper passes. While it’s true people may forget to attend to their vehicles, the cost of a ticket is educative, as I well know. Also, my street is a few blocks away from an overcrowded collection of 1950s apartments with too many cars. And yet, on street sweeping days these good folk are astute enough to relocate their vehicles by the time the sweeper rolls through. And after it does the streets slowly fill up with cars again.
I’m left wondering how this item was even agendized in the first place. Staff didn’t want it, obviously, so it must have been done at the behest of councilmembers looking for an issue to waste their time and our money on.
About a week and a half ago FFFF linked to a story in the venerable Orange Juice Blog, documenting how our Fullerton D5 Councilmember, Ahmad Zahra, a visiting tourist from Syria, headed to Little Rock, Arkansas and got married to a woman.
Those facts alone would be enough to warrant a sideways glance toward a man who says he gave up a career as medical doctor to live in his car in Hollywood while pursuing his dream: a film-making career.
Zahra’s narrative quagmire gets stickier because of his own origin tale in which (according to his own bio) he always knew he was gay.
So why would a gay man, aware of his gayness, marry an Arkansas woman whom he says he “liked?”
The obvious answer, bolstered by subsequent events, is that our young visitor was looking for a foothold for permanent residency in the United States.
In case you think getting this marriage to do the residency trick might be a real hurdle, a frightful bureaucratic undertaking, a rigorous examination conferring validity, consider the following tale told by a young woman named “Amanda” to the Arkansas Traveler about her Arkansan marital experience with a Middle Eastern immigrant. After their marriage, the immigrant needed to get his status as a permanent resident established:
The couple sits in front of a USCIS (US Citizenship and Immigration Service) agent and answers a series of intimate questions.
“I heard horror stories about the interviews where people are dragged away from each other,” Amanda said. The penalty for getting caught is five years in prison with a $10,000 fine for the American and permanent deportation for the foreigner.
“I had never been so scared before in my life,” Amanda said. They sat there in a large pale waiting room surrounded by other couples with a pile of paperwork and photo albums on her lap – their entire marriage legitimized.
But instead of the expected – “What are his favorite colored socks? What kind of toothpaste does he use?” – their interview took only five minutes. “OK, you’re both Jewish, good. Are these your names? Good. Your address? OK, thanks.”
An alert Friend sent in this screenshot of a website in which Fullerton City Councilman and erstwhile film maker Ahmad Zahra presents his (partial) biography. This was just yesterday.
Just the other day the Orange Juice Blog broke the tale of immigrant Zahra’s marriage to a female in Arkansas – a rather embarrassing fact omitted from his previous self-discovery narrative.
I wonder if Ahmad is combing through his past representations to see what, if anything needs re-arranging.
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.
The other day the Fullerton Harpoon posted a brief synopsis of Fullerton’s Fiscal Year 24-25 budget, suggesting that the “workshop” to present Fullerton’s dire economic situation was just another step in the process of trying to get the City Council to put a sales tax increase on the November ballot.
Of course Mr. Harpoon is right about this. Not only have we seen this play before, we noticed that the process of collecting manipulated information started last year. Of course it’s still ongoing. But the pro-taxers in City Hall are running out of time for 2024 since some acceptance of tax inevitability will have to be discussed during the budget formalization in June.
After that there’s only about a month until the 2024 ballot cutoff.
To be sure, the tax increase doesn’t have to be on the ballot in the fall. And the reality is that there may not even be the votes to do it. This makes the 2024 District 4 election more important.
She wants what you have.
District 4 candidate and former City parking ticket hander outer, Vivian “Kitty” Jaramillo would no doubt be only too happy to apply a regressive sales tax on her “underserved” constituents, just like Ahmad Zahra was in 2020. If the votes are there a special election in 2025 might be tried.
In any case, our tax dollars would undoubtedly be used to propagandize us about how our quality of life is determined by how many happy public employees we have bumping into each other in City Hall. Even worse we would be scolded about our lack of civic responsibility, etc. etc.
It will never occur to the would-be taxers that a lot of folks in Fullerton don’t feel like having taxes raised as a response to years and years of fiscal imprudence on the part of liberal councilmembers and incompetent city managers.
Our message to our would be overlords in City Hall, the “heart of the City” as Jan Flory called them, is clear.
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.
M. Eric Levitt. Will he save us from ourselves?
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“
Read. Weep.
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.
How did things get so bad?
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.
“No more blood on Fullerton’s streets,” went the chant of a handful of protesters after the vote on last Tuesday’s Council Agenda Item 4. These folks were upset that the item, which was a statutory requirement that the City police department list its “military” hardware, on going running costs, and reaffirming policy to the use thereof, was passed on a 3-0 vote.
But you’re looking good, baby, I believe you’re feeling fine…
The protesters, such as they were. seemed agitated that the cops have these toys to begin with – surplus military equipment, some of it, and other weaponry that were included by the Legislature under the rubric “military.” And that’s okay. Ever since the war on terror began two decades ago, our military-industrial complex has been churning out hardware to attack, assault, disarm, kill, maim anybody that cause or accident put in the way of our military. So a lot of it, used or unused, has become surplus, and was bound to find its way into the hands of American police departments. That’s not okay.
Da! Is good…
Having the equipment – from projectile launchers to high caliber guns and assault rifles – has helped reinforce the notion of our own police as an occupying force, and is about the last mentality you want your cops to have, and leaves citizens feeling like maybe something sinister is at work. I get that.
The apologists for this item were quick to point out that the list of equipment – some of it very expensive to maintain – was for stuff the City already has, and wasn’t a shopping list, as they supposed the public speakers believed. Councilmembers Whitaker, Charles, and Zahra were happy to explain this, and reiterated the pro forma nature of the list and the policy statement. They seemed really averse to discussing the item at all, which is understandable for a politician in Fullerton; you don’t get ahead denying police their armored vehicles and, riot gear, and SWAT paraphernalia.
And so the the second issue that should have been discussed never happened at all.
A few weeks back, as Friends may recall, FPD cops killed an evidently distressed man in front of the McDonald’s on Brookhurst St. by blasting him in the chest with multiple “less lethal” projectiles – a distinction without a difference to the dead man.
Then there was the case of Hector Hernandez who was blown away on his own property defending himself against a police dog let loose by Jonathon Ferrell – who is still on the payroll. That settlement cost $8.5 million.
And just as importantly, who is going guarantee the proper training for this gear? Accountability has never been a strong suit of Fullerton’s governing personnel.
This is all certainly food for cogitation. But Fullerton, being Fullerton, nobody is going to do it, at least not anybody in authority.
It’s pretty rare when one of our commissions really does its job, so when they do I’m happy to advertise the fact. Last week the Fullerton Planning Commission re-reviewed the noise ordinance that was kicked back to them by the City Council for further consideration, and they excelled themselves.
Their performance was so rewarding it almost makes me want to overlook the first time this group unanimously passed virtually the same proposed ordinance in November, 2023. This time they really took their jobs seriously.
The staff report for the item, given by some guy named Edgardo, was the same nonsense they pitched before, and they essentially asked the Commission to rubber stamp it yet again.
But this time there is a problem. It seems that no matter how many words they throw at the issue, staff can’t talk around their own complete lack of effort at code enforcement in Downtown Fullerton. They admit it now, claiming (without a shred of evidence) that the existing noise level is unsupportable in court, and begging the question of why amplified music is then allowed outdoors at all – it wasn’t for decades. We were informed that a “vibrant” downtown (pictures of happy people) requires more noise, not less. The underlying theme was the usual tripe: DTF is an economic asset whose saloon proprietors must be coddled at all cost. Look the other way, fast!
Incredibly, our new friend Edgardo informed the Commission that current levels of noise are acceptable to the citizenry based on the fact that so few complaints are lodged. Complete balderdash, of course. Naturally the bald declaration of “acceptability” was unsupported by any complaint data, suggesting that if there is a record, it is an embarrassing one. And the Commission learned from public speaker Joshua Ferguson that the City doesn’t bother with code enforcement and almost never has, leading Commissioner Patricia Tutor to wonder if this lack of responsiveness might have caused citizens to give up complaining.
One poor lady, the owner of Les Amis was there to push for the proposal. Unfortunately, as she admitted, she does live music in her establishment without the benefit of the required entertainment permit. Oops. Code enforcement to the rescue!
Local hero…
Tony Bushala got up to speak, sharing his story of being driven out of his downtown home due the noise. He also produced a lengthy list of errors and omissions in the proposed ordinance and stuff that was just contradictory. It turns out that the public and the Commission were not presented with a complete underline/strike-out version, showing pretty clearly that counsel Baron Bettenhauser of the I Can’t Believe It’s a Law Firm, had not, as he claimed, looking up from his cell phone, read the damn thing.
Edgardo and Baron work their magic…
One zoom caller named Maureen said the smartest thing of the night. She actually suggested that without actually hearing the sound on site, she (and presumably everybody else) was at a loss to really fathom the mystery of decibel levels.
Tutor tutors staff.
Commissioner Tutor was particularly effective in asking pertinent questions, one of which, was how come, after 10pm when music is supposed to move indoors, isn’t the decibel level lowered. A really commonsensical question. She didn’t get a commonsensical answer. The acoustical consultant from some operation called Dudek explained that during their noise collection procedure, that seemed to be the general noise level.
What’s going on here?
Oops again. Commissioner Cox pounced on the fact that the collected data was based on a noise level that was one, currently illegal; and two, based on a situation where there is no code enforcement, thus kicking up the noise level that staff was claiming was acceptable! He didn’t say so, but it was pretty clear that Mr. Dudek Guy had been receiving coaching from staff on the noise levels they found acceptable.
Mansuri ain’t buying it.
The other main sticking point was where to measure noise from – a certain distance from the noise source or a certain distance from the property line; two choices were offered with the greater distance being recommended. Commissioner Mansuri was unpersuaded by staff. That issue tied everybody up in knots off and on for the better part of an hour. Finally it was concluded that the noise sampling site needed a rethink.
Thanking God it’s over…
Finally, mercifully, Commissioner Arnel Dino moved that the whole thing come back in May with the entire code changes organized and clarified and that in the interim the Planning Commissioners would go out themselves with decibel monitors and experience for themselves the problems of sound accumulation, reverberation, etc. So that’s what is going to happen. Imagine that – first hand experience without the muddled abstraction of decibel levels on a piece of paper.
As usual it was obvious that our hand-wringing staff was pursuing their path of least residence by raising sound thresholds, making it harder to enforce even that, and refusing to enforce the requirements of the bar-owners’ entertainment permits – things like closing doors and windows. How many times have we seen staff guide the consultant they chose to get what they want? Happens all the time. And how many times must the public be subjected to uninformed or misinformed opinion passed along as Gospel truth by our public employees? Happens all the time. And when will the City Council demand honesty and competence from its bureaucrats? I’m afraid we all know the answer to that.
