Shana Charles Archives - Page 2 of 7 - Friends For Fullerton's Future

March 26, 2024March 26, 2024Ahmad Zahra

Dysfunction Junction

Denial is a fairly common human condition, but normally it involves interpersonal relationships and fact isn’t always that easy to ascertain. It is also quite common in politics where one’s emotional beliefs and prejudices are set against somebody else’s. And then there’s the case when bald facts are staring you in the face and you just can’t allow the cold truth to intrude upon your fantasy.

Nowhere is the latter situation better seen than in the City of Fullerton’s attitude and actions involving the “downtown” area.

It’s not real complicated. The City has known for almost two decades that downtown Fullerton was a money loser. A big money loser. And yet nary a word of complaint or criticism of the booze culture of downtown Fullerton has been uttered by the bureaucrats and politicians.

The most recent analysis was essayed 7 years ago. Here’s the money shot:

In 2017, the taxpayers of Fullerton were subsidizing the bar owners to the tune of almost $15,000 per liquor joint, each and every year. Three quarters of a million a year. Of course this was just for “public safety” as noted:

“We focused on the public-safety facets of this study alone, and did not include the development and maintenance services costs Fullerton audited. We illustrate below Fullerton taxpayers were effectively subsidizing bar and restaurant establishments – to the tune of about $15,000 per establishment – all to cover the costs of police, fire and rescue services provided to the establishments and their patrons.“

We know that maintenance and code enforcement and the legal services of Dick Jones and his I Can’t Believe It’s a Law Firm jack up the cost to well over a million bucks – $1.4 million being the overall cost previously discovered. And there are now over 50 bars.

Think of it. During hard times and good, the taxpayers of Fullerton subsidize the likes of the Florentine family and the Marovic mob and the Poozhikala posse, while they make a fortune peddling fish bowls of booze to out-of-control miscreants and ignoring the law.

And still City staff insists on describing downtown Fullerton a glowing success story, a triumph to be built on; of course they aided and abetted in the charade by city councils that are marked by political cupidity, stupidity and a desire to look like they have accomplished something. Anything. For decades these people have crowed about their achievements in DTF, even as they desperately crammed more and denser housing blocks in and around main streets – hoping a captive audience would somehow help. It didn’t, and by the early 2000s the City decided an open air saloon was just the thing. And then the restaurants morphed into bars and then the bars morphed, illegally at first, into nightclubs.

As things got more lawless, and even some like Dick Jones lamented the “monster” he had created, the only thing that happened was that things got worse. Blasting noise, random violence, sexual assaults, human waste, mayhem, shootings, sadistic and pervy cops – you name it – caused no retrospection in City Hall about what had, and what was happening. It was all a big victory, and you don’t second guess a victory.

Well, things are looking glum fiscally for Fullerton according to last years budget projections and we will be told Ahmad Zahra and Shana Charles that we must bear the burden of a new sales tax jack-up in order to keep the creaky old jalopy going.

I say fix the financial sinkhole that is downtown Fullerton before you stick your hands in our pockets.

March 25, 2024March 25, 2024Ahmad Zahra

An Unhappy Anniversary

by Mr. Peabody13 Comments

And what anniversary might that be, Friends may be asking.

This Wednesday, March 27th, marks the one-year anniversary of a deadline date agreed to by the City of Fullerton and one Mario Marovic, a downtown bar owner. Not much of a deadline, huh?

By March 27th, 2023, Mr. Marovic was required to have started demolition of the so-called “bump out,” an illegally constructed room addition built by the Florentine Mob two decades ago on City property. Marovic had gotten rid of the Florentines, finally, but decided that the leasehold on the room addition was somehow ripe for the encroaching. So he began remodel work on the leasehold right along with the rest of the building that he does own.

Busted.

Meet the new proprietor, same as the old proprietor…

But Fullerton being Fullerton, where nothing seems to be done right in City Hall, and where downtown scofflaw saloon owners do whatever the Hell they please, Marovic seems to have decided that the deadline meant, and means, nothing. And why should he believe otherwise? He has seen firsthand how the City bureaucracy and the City Attorney bent all the way over for the Florentines – instead of making them obey the law.

Well, the Earth has made an entire revolution of the Sun.

The City Council may occasionally talk about this in their hush-hush, top secret “Closed Session” meetings, but the public is not to know what is happening, even as our money and property are being frittered away. We do know that Marovic has threatened a claim against the City, but so what? Why would that be cause for the City to ignore Marovic’s breech of contract and seize the public property that Marovic encroached on illegally?

The reason could be that our esteemed lawyer, Dick Jones of The I Can’t Believe It’s a Law Firm, believes upholding agreements is not a winning strategy. Of course this third rate pettifogger has won so few cases for us, and has lost so many that we may feel confident questioning his judgment.

Or, it could be that the feckless and spineless City Council has been individually persuaded by Marovic that it’s in their best interest to ignore the deal, and that they should just let Marovic keep raking in the bucks thanks to a Conditional Use Permit that was contingent upon the removal of the room addition.

March 18, 2024March 18, 2024Ahmad Zahra

Council Ponders Parking Puzzle Pilot Program

by The Fullerton Harpoon14 Comments

Lots of people have lots of cars. And the on-site parking plans of the 50s, 60, and 70s multi-family housing just don’t work anymore. We all know that. Even single-family neighborhoods suffer from the same issue – adults’ cars, their kids’ cars, and a garage full of crap.

In 2023 the Fullerton City Council directed staff to consider the issue of early morning parking prohibition, a device to keep people from parking on the streets overnight. The current situation is that certain streets with multi-family housing or old, pre-1940 houses have been granted a waiver. An applicant’s address could also get a one-year “hardship” permit with an extensive review process and a $250 permit fee.

After an 11 month gestation period, staff labored hard and gave birth to a “pilot plan” proposal that would keep existing street and individual waivers/permits, but that would make it easier, supposedly, to get a one year permit – with four one-year options.

The issue is Item #7 on the 3/19/24 Agenda consent calendar.

The staff report provides the usual entertaining history of a Fullerton topic, like downtown nuisance noise, that never seems to get fixed.

As usual there are options presented that are really just non-starters to make the desired option look better. Option 1 is to do away with overnight parking altogether – a surefire recipe for political disaster. Option 2 is to get rid of street/block waivers and also hardship permits, and let anybody apply for an overnight permit – another sure loser.

And so Option 3 (as described above) gets the brass ring, with the proviso that it be a 2-year pilot program to see what happens. As noted, staff is proposing a streamlined process, online portal, etc., etc., with one goal being to help disadvantaged neighborhoods (of course “disadvantaged,” like “underserved” is code in City Hall for Latino, so that’s an interesting use of the word). This option begs the question: if the permit process could be streamlined why wasn’t it – a long time ago? There is no mention of the new permit fee amount.

The staff report contains a long list of possible additions that could be made, presumably to help a City Council that can’t be trusted to come up with its own.

What I think is really interesting is that there is no option for doing nothing. Not every snake or green-glowing rock needs to picked up and examined, and I get the impression that there is a political undercurrent here. Commonsense suggests that adopting a revision for the purpose of allowing more cars to park overnight will still annoy some residents who may not like others parking in front of their house all night – especially in the vicinity of under-parked, older apartments.

March 4, 2024March 4, 2024Ahmad Zahra

A Tale of Two Trails

by Mr. Peabody54 Comments

A Friend has alerted us that the on-line version of the Fullerton Observer posted a story by somebody named “Emerson Little” about a little known Fullerton trail called the Lucy Van Der Hoff Trail. The title? “Lucy Van Der Hoff Trail Needs Maintenance.” It seems that almost nobody knows about this .9 mile “asset” even though it is City-owned.

Unfortunately, the “trail” is overgrown, full of trash, and is yet another shining example of neglect by our top-notch Parks Department. Fortunately, the intrepid Emerson took the trail and generously provided images. But let’s let Emerson tell it in his own words: .

“It’s maintained by the Fullerton Parks and Recreation Department and is listed on the city’s website as a connector. However, when I walked on the trail, it was rather overgrown and poorly maintained. In certain spots, there were quite a few lost objects and pieces of garbage, possibly swept down the pathway by rainwater.”

So, the City has completely failed at maintaining the Lucy Van Der Hoff Trail – even as a simple mountain bike trail. They seem actually have completely ignored it – a facility that should cost almost nothing to maintain. It’s alleged “connector” value is almost useless.

More from Emerson: “I stepped around some discarded plastic bags, bottles, pillows that were torn open, unidentifiable articles of clothing, pieces of broken wood, old soccer nets, and cans, making my way forward.” When the overgrown vegetation became too thick our brave explorer had to ditch the “trail.”

Finally, here’s Emerson wrapping up the tale of his Big Adventure: “So, while my hike was interesting, I really wouldn’t recommend taking the Lucy Van Der Hoff trail.”

And now, Friends, here’s an observation that seems to have escaped the keen notice of the Observers. The advocates of the infamous Trail to Nowhere on the old Union Pacific right-of-way tacitly believe (or pretend to believe) it is going to be maintained – 170 trees, hundreds of shrubs, water lines, irrigation systems, benches, paths, signage, light fixtures – and let’s not forget graffiti removal, etc. – even though there is no budget to do this, and the money can’t be looted from the Park Dwelling Fund which can’t be used for maintenance.

We’ve already seen the maintenance fiasco of UP Trail Phase I – the plant denuded, trash filled, urine soaked predecessor of Phase II that nobody in City Hall has given a rat’s ass about. And Fullerton is also facing a fiscal cliff thanks to years of budgetary mismanagement.

Several months ago FFFF received a comment from former City Manager Chris Meyers, warning about the foolishness of building something that doesn’t have a plan for maintenance cost. But Ward 5 Councilman Ahmad Zahra believes even talking about maintenance issues south of the tracks is “offensive,” the idea being that it’s great to give the “underserved” barrio “something nice,” but who cares what happens to it later. It’s like giving somebody a car when they can’t afford to buy gas, or insurance, or keep it running. Looks like Zahra’s colleagues all agree – even though the very same people can’t figure out how to open Union Pacific Park – another embarrassing disaster.

March 3, 2024March 3, 2024A Step in the Right Direction

Preservation Attempt in South Fullerton

by Disillusioned Ex-Hippy42 Comments

I checked out the upcoming Fullerton City Council agenda and noticed an appeal of a Planning Commission decision to approve a new, 185,000 square foot warehouse project at 801 S. Acacia Avenue.

The appeal is being made by Fullerton Heritage who believe that the PC failed to receive enough relevant information about the existing building’s historical significance.

Apparently the structure was designed by noted SoCal architects A. Quincy Jones and Frederick Emmons. It’s front elevation sports a mid-century modern aspect.

The back doesn’t seem very distinguished – metal buildings and canopies. According to FH they used to make sliding doors here including those requested by well-known architects.

Well, good luck to Fullerton Heritage, say I. The City government has almost always turned a blind eye to historic preservation, pretending otherwise, of course. And in the old days “historical” meant old and cutesie – in City Hall it probably still does, and it’s not hard to see staff blow past something like this.

Of course Historic Preservation is generally a more “liberal” idea and in this case the property in question is standing in the way of “economic development” a concept so near and dear to every politician’s self-promotion. It should be fun to observe District 5 Councilman Ahmad Zahra navigate his way between some of his natural constituents and his proclaimed dedication to the hustle of economic development.

February 25, 2024February 25, 2024Ahmad Zahra

The Trail to Nowhere Complaint

by Mr. Peabody67 Comments

It’s a total waste of money, but it sure is short…

As has been predicted, a concerned Fullerton Friend has decided that the dismal Trail to Nowhere was such an insult to California’s taxpayers and to any commonsensical Fullerton resident that he was going to do something about it.

This image has an empty alt attribute; its file name is Camp-750x1000.jpg

So he wrote a letter to the State of California Natural Resources Agency and addressed it to the Agency’s boss, Mr. Wade Crowfoot. I understand that the letter was sent by registered mail so it may be hard for Mr. Crowfoot to claim he didn’t get it.

Cynics will say that the California bureaucrats at these agencies don’t care how their grants are spent, or in this case, misspent. Their jobs are to dole out the dough without a backward glance. In this case there was no real forward glance either; judging by the initial approval, they swallowed Fullerton’s tale by the proverbial hook, line, and sinker.

Anyway, it’s a good synopsis of the various inaccuracies and falsehoods in Fullerton’s grant application. Here is the text of the letter, forwarded to us by its author:

Mr. Wade Crowfoot
Secretary for Natural Resources
California Natural Resources Agency
715 P. Street, 20th Floor
Sacramento, CA 95814

Dear Mr. Crowfoot,
I am writing to you as a concerned citizen of the City of Fullerton, to inform you of irregularities in a
Grant Application made by the City of Fullerton to your agency which resulted in the award of a Urban
Greening Grant to build a recreational trail on an abandoned section of the Union Pacific Railroad right-of-way.
This is a 2022 grant for $1,777,200.00, under Grant Agreement U29194-0 which itself was authorized by
Senate Bill 859.
The irregularities in the Grant Application falls into two categories: first, omission of pertinent
information required by the application; second, outright falsehoods about the projected positive
aspects of the project.
The application failed to alert the State that one of the adjacent properties to the proposed trail is
contaminated by trichloroethylene (TCE), a known carcinogen. The property (311 South Highland
Avenue) is identified by the EPA and the State of California Department of Toxic Substances Control
(DTSC). Reports have indicated a TCE plume emanating from 311 South Highland in a southerly direction, precisely under the proposed trail site. There are currently 10 Monitoring test wells along the proposed trail site and several others in adjacent properties.
The proposed project budget does not include any cost for additional testing, remediation, and/or
export. There is no inclusion of the need to rework or replace the existing test wells.
Beyond the unmitigated environmental concerns, the City of Fullerton Grant Application asserts
“connectivity” as a positive feature of the proposed trail. These assertions are demonstrably false. The
proposed trail does not connect to any businesses; it does not connect to Downtown Fullerton; it does
not create connections between parks and schools; it does not connect different parts of the City and is
actually contained within the same compact area. In fact, the proposal for Phase II does not even
connect to its predecessor, Phase I, which itself was a selling point in the Grant Application.
In truth, the proposed trail is a disembodied half-mile length of property that starts and stops without
reference to any other transportation corridors.
To the West, Phase II terminates with the Burlington Northern Santa Fe right-of-way at the back corner
of Independence Park, a park so poorly maintained that the playground, courts, and gymnasium have
been closed off to the public for several years. On the East, Phase II abruptly ends at a sidewalk adjacent to Highland Avenue, a North-South thoroughfare serving approximately 11,500 vehicles daily, per the City’s own traffic study in 2019.
Even if Phase II connected to Phase I, which it does not, Phase I itself stops at the back of the abandoned
Union Pacific Park which was closed due to contamination 15 years ago. There is no practical extension
in either direction.
Despite these facts, the City of Fullerton’s Grant Application included a projected 105,000 annual users, a number that is simply preposterous on its face.
The proposed trail does not pass through a residential neighborhood, but rather a blighted industrial
strip situated between two dilapidated, neglected, and run-down parks. In short, it doesn’t go where
anyone with common sense would want to go.
The existing abandoned right-of way has provided plenty of evidence of being unsafe. There is rampant
drug use, homeless encampments and two violent deaths over just the past few years.
The City of Fullerton cannot afford to maintain the proposed facility, as is clearly witnessed in the
condition of the trash strewn, dilapidated, weed-infested Phase I, a condition deliberately omitted from
the grant application. The idea that this area has been so poorly maintained but somehow the City will
be able to be good stewards of the area only AFTER the State grants it nearly $2 million more, is
insulting.
The $1.77 million grant represents resources that could, and should, be used elsewhere.
Fullerton’s Application was disingenuous, at best. At worst it included falsehoods dressed up in words
echoed back from the stated objectives of the Application Form in order to defraud the State.
In writing this I am hoping that your Agency will reevaluate this project, rescind the funding, and find a
better use of this valuable Grant money.
Thank you for consideration of this matter.

February 20, 2024February 20, 2024Behind Closed Doors

The Abdication

by Joe Sipowicz43 Comments

I’ve been watching Fullerton politics and governance for for a long time – since 2008 or 2009, in fact. One thing that has consistently struck me is the way in which Fullerton’s elected officials have completely and almost happily abdicated their responsibility to determine the direction of policy.

It has always been the goal, in principle if not in practice in modern representative democracy, that policy would be established by electeds, and administrated through a protected civil service bureaucracy.

Determining policy – the philosophical direction you want the town to take – isn’t easy in the “City Manager” form of government, a form deliberately created to remove any sort of executive authority from elected representatives. But with that set-up came something else, too: the difficulty of people’s representatives in establishing policy direction, and doing it without violating the Brown Act strictures on open meetings.

Nevertheless, the responsibility is still there, even if it easier to have photo ops, and ribbon cuttings and the like. Sadly our electeds have failed; failed with remarkable banality and complacency. Former Councilman and Fullerton Police Chief Pat McKinley once illustrated the point when challenged for his “failure to lead.” He exclaimed that councilmen weren’t there to lead – that was the City Manager’s job.

Lately the policy role abdication has been seen with the regurgitated, spit out, re-consumed and regurgitated again noise ordinance, an ongoing embarrassment that has plagued honest citizens for over fifteen years. I read the staff report on the recent noise effort, a report that justifies a decision to actually increase acceptable levels, protect offenders by including an ambient noise mask, and locates the noise metering away from the source whence it can be muddled by an equally noisy neighbor.

The staff report is nothing but a list of events that have occurred since 2009 when the City Council last expressed a coherent position. Nowhere in the staff report is there any discussion on the policy decisions behind any of the activities. Why not? Because there weren’t any. In the same way that the incredibly costly, drunken binge known as Downtown Fullerton has escaped any intelligent policy conversation, the noise nuisance issue, a subset of the former, has evaded policy discussion as City staff – behind the scenes – has diligently avoided doing anything to enforce existing code, and worked very hard to reduce the requirements.

So what has happened is a vacuum in which each new action seems disembodied from policy conversation; that’s because it is. And our council steadfastly refused to have an open and honest conversation of what it wants, abdicating its responsibilities.

There is a long list of issues that our elected representatives should be addressing from an overarching policy level and aren’t. This sort of thing takes thought; and some hard work in ascertaining whether your city employees are really doing the thing you want; or not, as in the case of the Trail to Nowhere. It’s easier just to ram through the Consent Calendar on the nod, rubberstamp the ridiculous, clean your plate like good kids, and move on to the photo ops and the trophy ceremonies.

February 15, 2024February 15, 2024Ahmad Zahra

I Think I’ve Seen This Movie

by Fullerton Engineer8 Comments

It’s real expensive, but it sure is short…

When thinking about the Trail to Nowhere it seemed to me that I had seen this same sort of thing before. Then it struck me. Of course.

An expensive and unnecessary project that dragged out for years, and that was supposed to be paid for with other people’s money, “free money” as it is known in City Hall, I recalled.

It may have been expensive, but it sure was unnecessary…

I remembered because I wrote about it, here. The second elevator towers at the Fullerton train station, a project so ridiculously over-engineered, so expensive, so reliant on phony ridership projections and so expensive and mismanaged that it ended up raiding Fullerton’s own Capital Budget to the tune of $600,000. In the end no one knows how much was actually spent on that boondoggle when everything was said and done. But one good thing that came out of it was teaching me to appreciate how things are done in Fullerton, and how there isn’t one cent’s worth of accountability on the part of anybody.

If the Trail to Nowhere actually ever gets built but is way over budget, unused, unmaintained and falls into decrepitude, who will stand up to take responsibility? Not the City Council who approved it without question. Not City staff – the chief architects of this disaster in-waiting are already gone – nor will the City Manager, who will be gone as soon as his pension formula tops him out. None of the people stirred up to insult and harangue the City Council will be in evidence and the proprietors of the Fullerton Observer, if they are still around annoying people, will not be searching for those accountable. No one else will be, either.

Remember the multi-million dollar Poison Park intergenerational fiasco? Has anybody ever taken responsibility for that poster child of bureaucratic incompetence and political indifference? Of course not. That would be a horrible precedent. Fullerton.

February 12, 2024February 13, 2024Ahmad Zahra

The Compartmentalization Effect. Or Worse.

by Fullerton Engineer17 Comments

Now that the Council majority of Dunlap, Whitaker and Jung have done a 180 flip-flop and accepted the so-called Trail to Nowhere grant, it seems like a good idea to remind Fullerton about some things that the City still doesn’t want us to know.

About eight weeks ago – several weeks before the Council flip-flop – I wrote a post about the presence of test wells on the Trail to Nowhere. These wells were installed to test the levels of trichlorethylene (TCE). Not only were the wells situated on the trail but also farther south, in the middle of the street in the 300 block of West Truslow Avenue.

I offered the fact that no one can do this sort of thing on public property without permits from the City of Fullerton and that surely the Engineering Department or Development Services Departments has records of those encroachments. The scope of the actual TCE contamination has been known for 20 years or more, and the State of California and the Environmental Protection Agency have known all about it. So has City Hall, since groundwater contamination in north Orange County was the subject of a massive lawsuit involving the Orange County Water District. Plus, someone was installing test wells on City property.

I asked how was this contamination could be omitted from the City’s grant application to the State Natural Resources Agency.

The grant has finally been accepted by the City, but the problem remains. Two problems, in fact. The contamination is still there, of course, and so are the test wells – an issue not addressed in the project budget. But an even bigger question remains. Was the omission due to a management problem – complete compartmentalization of City departments? Or, worse was the problem deliberately ignored?

In either case Fullerton has a fundamental problem the cause of which is clear: complete lack of accountability that appears cultural. City Manager Eric Levitt was preceded by a long leadership vacuum in which City Managers like Joe Felz and Ken Domer were simply along for the ride – chosen, apparently for their elastic sense of responsibility. Yet, Levitt has been around for two years and seems to show the same flexible attitude.

If departments are sequestered behind opaque compartment walls, there is a failure of corporate leadership, and an inevitable decentralization that was, and is, a recipe for costly failure. That’s on Mr. Levitt. If City employees knew about the contamination issue and either said nothing or deliberately lied to the State, that’s a problem of employees who feel utterly secure in their behavior, knowing that consequences for bad actions is not a problem; this is on Levitt, too.

In the specific case of the Trail to Nowhere, the three councilmembers who flipped their votes have some explaining to do, and not just about a matter of opinion, good idea/bad idea. They need to explain how and why the City application for the grant omitted mention of a real and present issue, and also what their City Manager (who just got an 8% raise) is going to do about it. If they don’t they’re part of the accountability problem.

February 8, 2024About Us

The Sound and the Fury

by Mr. Peabody25 Comments

A couple weeks back I posted that once again the issue of nuisance noise was coming to the City Council for yet another stab at, well, just another stab.

In December the proposed ordinance was deemed lacking by Mayor Dunlap who asked that it come back in February; what that delay was supposed to accomplish is unclear, but return the item did. It resurfaced on Tuesday, and once again was half-heartedly examined and pushed away by the Council. This time they sent the matter back to the Planning Commission, that had already approved the existing proposal in November, 2023. This stall seems even more pointless than the last one. Fullerton.

The staff report was virtually unintelligible. It was nothing but a disjointed litany of actions taken (or, to be more precise, not taken) over the past 15 years to avoid doing anything and letting the scofflaw bar owners continue to scoff at the law. It didn’t say that, of course, but such was the unmistakable implication. A common thread seemed to be the difficultly in enforcing anything, which was just an excuse for not trying.

The thrust of the revised ordinance is to raise the legal noise threshold in Downtown Fullerton. In fact the only thing the Council was considering, according to the oral staff presentation was this commercial aspect, although you’d have a hard time knowing that fact based on the material presented to the public.

The ordinance itself has baked-in failure written between every line, most notably in the increase in decibel level at 50 feet from the sources, combined with the issue of “ambient noise,” a loophole our fine Downtown club operators would be sure to drive a diesel semi through.

Joshua Ferguson made an appearance to show the nonsense of the 50 ft from property line part and noted, correctly that the the thresholds could actually create OSHA violating conditions within buildings themselves. He succinctly pointed out that the City (despite the self-congratulatory recitation of its recent enforcement efforts) wasn’t really enforcing anything at all, and showed that scofflaws were rarely even punished per the Municipal Code.

The proposed ordinance language seems to have been written by a staff member. But nowhere can one find evidence that any of this was approved as to form by Dick Jones, Esq. of The I Can’t believe It’s A Law Firm. What’s the point of having a lawyer if their job doesn’t include reviewing a potential law before it’s passed?