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.

The Tax Meeting

There it goes…

The City is meeting tomorrow to to talk about putting a sales tax on the November ballot.

The staff report wrongly states that the City Council requested this item, which is an intentional lie. The matter was placed on the agenda by the minority of Ahmad Zahra and Shana Charles, two individuals I wouldn’t trust to run a lemonade stand.

Show me the money…

These two fought long and hard to discuss the issue on June 4th, even though no public notice of a tax was on the silly revenue-grab agenda.

Tomorrow we will see a small army of Fullerton Boohoos crying out for a 13% sales tax increase on the ballot. Obviously they want to go for a general use tax because that only takes 50%+1 to win, whereas a special use tax requires 66% – an almost impossible hurdle.

But there’s the rub. A general use tax requires a 4/5 council majority to put it on the ballot, and the pro-tax Zahra and Charles don’t seem to be able to manage the simple majority required to put a special use tax on the ballot.

So what’s the point of this charade? We’ve seen this Zahra act before: mobilize his coterie of “underserved” residents to harangue the Council, and thus embarrass Jung, Whitaker and Dunlap.

Put your money in the bucket over there!

But this is not the ludicrous Trail to Nowhere, and bullying won’t work. There’s only one meeting available to get this done, and tomorrow won’t be it.

“Appetisers” for all…

The only question I have is whether District 4 candidate Vivian Kitty Jaramillo will stand up and support the tax.

Revenue Enhancement Time. Plus Lies and More Lies

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!

It’s not rocket science…

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.

I Wanna Paint It Black

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.

Black is the new black…

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.

A Shameless Hustle

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?

Revenue Enhancement

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

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.

How Hard is it to get a Green Card in Arkansas?

Zahra-Busted
Time to come clean…..

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.”

Five minutes. Rubber stamp.

Getting His Stories Straight?

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.

Coming to a Theater Near You

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.

Zahra’s Past Catching up Quick

Go west young man. Try Arkansas.

The other day FFFF related a story told on the Orange Juice Blog about Fullerton City Councilman Ahmad Zahra having been married to a woman in Arkansas in the late 1990s. It’s always been a blank time in Zahra’s otherwise detailed autobiographies.

The problem is that Zahra has been very clear about being a gay man and “always” knowing it. The unambiguous statements asserting his self-awareness are published in interviews. So how and why did he come to marry a woman?

From beautiful Pulaski County

According to the OJB story, Zahra tells of his arriving in the United States (no mention of what sort of visa he held); and, not knowing a blessed soul, heading to Little Rock, Arkansas where he claims a friend of his father lived. There, says Zahra, he met a woman whom he says he “liked” and who liked him in return. This tepid romance led to a marriage, dissolved a few years later after Zahra had made his way to Los Angeles to learn the movie trade.

The story is so outlandish that it stretches credulity far past the snapping point. The OJB forewent an opportunity to delve farther into the strange tale, but the obvious difficulties emerge with startling clarity.

An immigrant to the United States of America shows up for some reason, not knowing anybody. Is he a tourist? Maybe. But if so he decides to go to Arkansas, of all places – not exactly a well-know tourist destination. Well, there he is in Little Rock. Where does he live? How does he get by? He can’t get a job, at least not legally, so he must have a little something stored up for a rainy day Stateside.

Michelle Salmon

Enter Michelle Salmon, stage right. Somehow our eager young visitor crosses paths with Ms. Salmon. How and where they meet is at the heart of this mystery and is open to some interesting conjecture. Inexplicably the relationship leads to matrimony at the Pulaski County Courthouse where a marriage license is obtained.

Michelle has hooked herself quite a prize catch: a 27 year-old foreigner with no job (legal anyway), no job prospects, and, according to Zahra himself, completely aware of his homosexuality. On the surface he seems like pretty poor husband material for an Arkansas gal, so we have to wonder if poor Michelle was either mentally challenged or perhaps in need of financial assistance.

Zahra makes no mention of his visa status in his story to the OJB, but we have to assume that he received either a work visa or permanent residency status because not long after his connubial union he goes to LA, bravely living in a car on the streets of Hollywood (so he says). His visa would have been helped along by a marriage certificate to a citizen and it’s safe to say he got one that permitted him to stay in the US.

Well, says Zahra cavalierly, the marriage thing didn’t “work out,” what with the husband living in a car in Southern California, and with Michelle deciding to remain in Arkansas “with her family.” Divorce ensued and Ahmad’s new life journey had begun. He became a citizen in the course of time, a fact he shares as if this simple fact absolves him of any impropriety in the acquisition thereof.

Here’s what happened…

Naturally, Zahra tried to paint this ludicrous picture to the OJB as his “coming out” portrait, and invited homophobic and Islamophobic FFFF to “make fun” of the narrative. The old dodge. Homophobia. Islamophobia. Be a victim.

I’m not the least bit interested in making fun of anything relating to Zahra’s gay coming out story – whichever variation he is selling at any given time; except when the story is cooked up to obfuscate what looks like a serious and likely problematic question. To wit: did Ahmad Zahra commit Marriage Fraud to expedite the legal requirements for him to stay in this country?