Friends For Fullerton's Future

May 15, 2023May 17, 2023Ahmad Zahra

A Massive Gift of Public Money

In December, as the Friends will remember, the City of Fullerton sold a public parking lot to a so-called developer for $1,400,000. The “developer” had the task of building a boutique hotel and an apartment block. FFFF has already documented the ridiculous density the City has bestowed upon the project. So let’s revisit the topic of land value, a calculation based on the number of residential units a developer can cram onto a parcel of land.

Look, it even has the café the bureaucrats demanded!

In this case we know precisely how many units are proposed because the development agreement tells us. There are going to be 141 apartment units and 118 hotel rooms – rooms that will undoubtedly be converted to low income housing when the hotel concept fails. Dividing 259 units by $1.4 million gives us $5400 per “door” as they say in the biz.

Does that number seem low? I didn’t really know, so I contacted some pros at Land Advisors who informed me that a more typical number is in the range of $60,000 to $65,000 per unit in these parts, which produces a land value of about $15.5 million and above.

So the “economic development” geniuses in City Hall got the City Council to agree to a massive reduction in value for the sale of the land, a reduction that could be in the neighborhood of $14,000,000.

Now we all know that government and its agents shield themselves (or try very hard to) from accountability for this type of incredible giveaway. It’s not a crime to be stupid, and so there the issue of legal malfeasance can be fuzzy without proof of corruption. But here there is the issue of misfeasance that in this case justifies the initiation of a recall of the elected representatives who voted for this evident gift of public funds.

And those three representatives are Ahmad Zahra, Shana Charles and Bruce Whitaker.

Now, undoubtedly, these three politicos would argue that they had great reasons for “subsidizing” this boondoggle, and that those excellent reasons are well-worth the $14,000,000 they happily pitched at the developer, an individual, we must remember, who brought this unsolicited proposal to the City. But the City, remember, never did its due diligence by opening up this concept (or any other) for a submission of qualifications by those who might have been interested. No. Not even after several years had gone by and the proposer had been granted several extensions of a Exclusive Negotiating Agreement and the proposal kept metastasizing.

Are a “boutique” hotel at the train tracks and yet another overbearing apartment block so important that they justify the $14,000,000 giveaway? Well, I would challenge Charles, Whitaker and Zahra to prove it to voters in their districts.

May 13, 2023May 13, 2023About Us

The Associated Road Saga. An Unnecessary Conflict

by The Fullerton Harpoon27 Comments

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

Yesterday I posted a letter from the Gingerwood HOA claiming that District 3 councilperson Shana Charles lied at a public workshop about having consulted them about the proposed re-alignments on Associated Road that are being proposed by Fullerton’s Engineering Department. That’s a pretty bad look for a novice politician.

So now, Friends, let’s explore what’s being proposed. It’s one of those ankle bone-connected-to-the leg-bone kind of things.

First, the City is proposing a sewer and water line improvements in Associated Road between Bastanchury and Imperial. When this is complete, our engineers reckon, it would be an excellent time to repave the street. And then, why not reconfigure the roadway and reduce the lanes from four to two, and add street parking that will act as a physical barrier for a “Class IV” bikeway. Here’s an example of what it would look like, courtesy of Caltrans:

The City reasons that the reconfiguration is justified because the traffic “warrants” are low enough to re-designate this stretch of Associated Road to a mere “local collector” in traffic engineering terms.

The folks who live in the various condo projects along Associated, like Gingerwood, are up in arms about this, and who can blame them? They reason, among other things, that turning out into the one lane of traffic would become more hazardous as their lines of sight will be blocked by parked cars. They will also have to slow way down, in traffic, to turn into their entries. Then there’s the issue of strangers parking in their neighborhoods – overflow from nearby apartment inhabitants and visitors to Craig Park.

This entire situation smacks of social engineering on a small scale. I have no idea how many bikers use the existing bike path and if the new configuration is even safer using parked cars as a barrier. But this seems like an unnecessary battle for City Hall to fight against its citizens.

I can’t think of a convincing reason not to restripe the street the way it is and move on.

Anyhow, the discussion of this matter is on the City Council this week (Item #14) where we can expect a lively confrontation between the irate neighbors and the people, like Shana Charles, who are behind this.

May 12, 2023May 12, 2023About Us

Shana Charles. Liar?

by The Fullerton Harpoon16 Comments

Yes, apparently so, at least according to the Gingerwood Homeowners Association.

The topic of this alleged prevarication is the proposed reconfiguration of Associated Road that would remove a lane of auto traffic and permit on-street parking. I’ll be writing about the details of this “project” in a bit.

This proposal seems to have germinated within the walls of City Hall and was presented to affected parties along the road. One of them is the Gingerwood community HOA that wasn’t real pleased with comments made by their councilmember, Shana Charles.

Uh, oh. It appears the good doctor has been telling stories in order to pedal this project past wary homeowners who don’t want cars blocking their sight lines when they emerge onto the fast traffic of Associated.

Lying to constituents to push a project you like but they don’t suggests a moral and ethical vacuum.

May 10, 2023May 10, 2023About Us

Track the Tracks. They Said What?

by Mr. Peabody4 Comments

I’ve been relating the newest bit of Fullerton nonsense lately, to wit: the unfolding, bureaucrat driven, unfolding the disaster now know by the funny name The Tracks at Fullerton Station.

So far, we’ve found out that the 141 unit density of the apartment half of this hermaphroditic monster was based on the entire site size, despite the fact that that the “boutique” hotel, all 118 units, sits majestically on the other half. In essence, the Transportation Center Specific Plan limit of 60 units an acre – which is already ungodly dense – has been multiplied by two-and-a-half times, and the environmental documents that have already been approved by the City Council neglect to address this incompatibility with existing governmental strictures.

But it gets even worse.

It’s axiomatic that government minions will invariably cough up “solutions” to non-existent problems. It’s called job security, and the results, as these pages have amply demonstrated over the years, are never subjected to the embarrassment of scrutiny and accountability. This concept is not different.

At the recent Planning Commission hearing we learned that the project in question involves the complete remodel of the existing parking area just north of the Santa Fe Depot, south of Santa Fe Avenue. This further elimination of parking is being proposed to accommodate a brand new bust lane and stop. Why? No intelligent reason was forthcoming. Here’s the site plan:

Because the current bus stop is so far away…

The existing OCTA bus stops and canopies are only a couple hundred feet away. Is this deemed too far for the scant few travelers who use both bus and train? Of course not. Obviously some “transit” dreamers are hard at work, making work – for themselves.

And now notice at the right of the site plan the proposed hotel juts into the existing Pomona Avenue right-of-way. This will require an abandonment of part of a public street which would require an official abandonment. This is being done to provide outdoor eating for the proposed ground floor café. In order to provide an alternative, our thoughtful staff floated the idea of non-permanent elements in the same area, only requiring the issuance of an encroachment permit. Here’s the architect’s vision looking south along Pomona Avenue:

This wet, hot mess was all approved by the five gourds sitting on the Planning Commission dais. Soon it will make its way to the City Council. Will it pass, as the sale of the property did in December? Will the three who voted to virtually give away this useful public land – Whitaker, Charles and Zahra – vote to double down on their foolishness and approve the monstrosity, the unnecessary bus stop and the abandonment?

My educated guess is they will do it cheerfully.

May 7, 2023May 7, 2023Ahmad Zahra

Dr. Zaius Made a Monkey Out Of You

by The Fullerton Harpoon10 Comments

Yes, he did.

May 5, 2023May 5, 2023Ahmad Zahra

Track the Tracks. It’s all Based On a Con Job

by Mr. Peabody19 Comments

So last time I resurrected the disaster of the proposed “boutique” hotel at the Transportation Center and noted that the land had already been sold – even before the so-called entitlements were in place. It was all crammed into the end of the year to avoid compliance with the new State requirements for getting rid of “surplus” land. The fact that the land in question is not surplus – it provides much needed parking for commuters and our esteemed downtown revelers – doesn’t seem to have entered any decision makers’ noggin. Common sense be damned, this is The Tracks at Fullerton Station.

But I discovered the real travesty while watching the Planning Commission hearing on the proposed site plan and conditions for a hotel use.

See, the hotel concept somehow metastasized over the past five years to include a standard, massive housing block – yet another cliff dwelling – giving indication that not only was the new developer trying to cram his pockets with all he could get, but that that this new element may have been needed to ensure success for the whole endeavor.

And here’s where the swindle comes in. The density of the apartment block was developed using the entire site area. So our sharp planners took the 1.7 acre site and multiplied it by the Transportation Center Specific Plan limit of 60 units per acre. That’s 99 units. Then, because the developer was proposing 13 “low to very low” units he got a “density bonus” of another 42 units, per State law. If you’re counting, that’s 141 units.

But wait! Those 141 units sit on only 60% of the property, the other 40% being dedicated to the hotel.

Think about that. The whole site is being used to justify the massive density on only a portion of the site. Meantime the hotel proposal has an additional 118 rooms on its part of the site. Friends, let’s do some math. 118 plus 141 equals 259 units for the entire site, or a jaw-droppingly massive 152 units an acre, 2.5 times the density allowed in the Transportation Center Specific Plan!

How do I know the percentage of use for hotel and apartment block? Because the developer is asking for, and getting, a legal parcel division that shows separate parcels for the hotel and apartment. And here’s the Tentative Parcel Map submitted to the Planning Commission:

Based on the developers own Tentative Parcel Map, the land underneath the apartment component amounts to 42,684 square feet, which is 98% of an acre. This entitles him to only 59 units per the Specific Plan. Adding the State density bonus of 40% brings the allowable total to 83. But he’s getting 141. And a hotel with another 118 rooms on the same 1.7 acres.

Finally, I have to point out that the City Council itself – specifically Zahra, Charles and Whitaker already approved a Mitigated Negative Declaration for this half-baked obscenity in December, even though it clearly violates the Specific Plan that all the planners kept nattering about. That isn’t legal, although this, is Fullerton, meaning that nobody gives a damn.

I would like to report that the Planning Commission was all over this scam and was outraged. But of course I can’t. Instead the 5 commissioned turnips quibbled over electric car charging stations and other gnats on their way to swallowing this camel whole. Honestly, you could take five average people off Harbor Boulevard and you would end up with a more intelligent and sensible commission.

Well, that’s enough of that. My next post is going to be about the idiotic solution to a made-up bus station problem.

May 3, 2023May 3, 2023Ahmad Zahra

A Disaster in The Making

by Mr. Peabody16 Comments

There are all sorts of names for boobs and knuckleheads that keep making the same sorts of mistakes over and over again. Boob and knucklehead just sprang to mind first.

And so there are many descriptive terms for the collective known as the City of Fullerton, an entity that just can’t seem to help itself avoid the avoidable.

Quick, get clear of the impending collapse…

Exhibit A for the prosecution: the idiotic “boutique” hotel at the Transportation Center, brainchild of the corrupt and fortunately departed Councilcreature-for-hire, Jennifer Fitzgerald.

FFFF has followed the 5 years-long trajectory of this nonsense as it has metastasized into a giant tail-wagging-the-dog embarrassment that leaves a sensible person almost speechless. As the remote plausibility of a hotel brought forward, unsolicited, by an unfunded “developer,” Westpark, became obvious to even the densest observer, a new consortium including TA Partners proposed another prison block apartment attached to the hotel.

In December 2022 there was still no concrete plan, just promises of this and that. But time was running out for people in City Hall who are addicted to this deal. See, it involved the disposal of public property that had been developed as parking for Metrolink riders; this meant declaring it “surplus” despite its obvious utility, and starting in 2023 the State of California was requiring surplus land be offered up to the low-income housing cartel. What to do?

Get rid of the property ASAP was the City’s solution, before the end of 2022 – even though there was no final plan or entitlements in place. There was no approved site plan and project density details to hold to the sale – either by the City or by the “developer.” The development agreement protected the City’s interest in the property – up to a point, but created an entanglement of interests during and after escrow and incrementally pulled the City into a potential morass of unintended consequences.

Oops.

So the sales agreement and the deeding of the City property was approved before the end of the year. Fred Jung and Nick Dunlap wisely opposed this fiasco, but were in the minority. FFFF just posted the story of Shana Charles’s dumbass rationale for approving, and of course Ahmad Zahra was all for this because he probably believed he could squeeze some cash out of TA Partner’s Johnny Lu along the way. The third vote? It came from none other than Bruce Whitaker, who seems mostly just confused, and even less inclined to show diligent energy that ever.

I swear to pay attention from now on, but I could be wrong…

All along, Whitaker seems to have bought into the nonsense that this property was legitimately surplus, despite its obvious utility to the people of Fullerton. Not wanting subsidized housing, he was willing to go along with the stupid hotel concept; but even he should have balked when the mess ran of the highchair and spilled on the floor. But he didn’t, doubling down on his own incompetence and in the end getting what he didn’t want in the first place.

So the sale went though, followed in the next few months by land use discretionary review and approval instead of all this happening at the same time which is the way it should have happened. Any problematic results of this mismatch may become apparent soon.

The finalized proposal came before the Fullerton Planning Commission last week. I’ll be describing that in the next post.

April 28, 2023April 29, 2023"Dick" Ackerman

Old News Better Than No News

by Joe Sipowicz11 Comments

The trouble with being away so much last summer and fall was that I missed all sorts of Fullerton-related stuff. And one of those things was the separation of Tony Florentine from his Earthly cares.

The Florentine paterfamilias, bar owner and restaurateur passed on to his reward back in July of 2022.

FFFF has been diligently following the activities of Tony and his offspring, Joe, in a series of posts going back well over ten years.

We documented how in 2012, Tony loudly inserted himself into the anti-Recall campaign as a staunch supporter of Fullerton’s incompetent Old Guard councilmembers Jones, Bankhead and McKinley, parroting the nonsense peddled by his old Rotary pal, Dick Ackerman. He had lots of good reasons for defending the boobs as they let him run illegal entertainment in his business establishment, and as he and his son did everything they could to dodge the City-ordained -and not enforced – conditions of approval for use permits.

But the history went farther back. In 2003 Tony got the City to look the other way as he purloined a public sidewalk and got away with it, creating a legal headache that still hasn’t gone away. The Florentines pulled out in 2020 and left the City as landlords of a building extension that the co-joined building owner didn’t own.

Years before that, if we can believe a former associate, in 1989 Tony took a torch to his business, The Melody Inn, that also destroyed one of the oldest buildings in Fullerton and began an embarrassing Redevelopment boondoggle.

Whether or not Tony once drove a copper spike into a street tree because it was blocking his sign is a matter of conjecture, but that’s the tale told by some old Fullertonions.

Joe Florentine was happy to follow in dad’s footsteps as he continued to dodge installing required fire sprinklers in the Tuscany Club and even went so far as forging an official City planning document granting himself use authority over the building he rented because he had a lease there. That fiasco cost us $25,000, not counting legal eagle Dick Jones’s time. The Florentines just seemed to think that laws and rules were nothing but inconveniences to avoid.

So belatedly FFFF says farewell to Mr. Florentine – who brought a little Jersey color to our drab town. In parting it has to be said that neither he or his kid are that important in and of themselves, but they symbolize a governmental culture of incompetence, and a willingness in City Hall to tolerate scofflaws that have become synonymous with Fullerton.

April 23, 2023April 24, 2023Downtown Fullerton

First At Bat; Swing and a Miss

by The Fullerton Shadow12 Comments

I was perusing old drafts of posts and came across one that needed to be published. The issue itself is bad enough – the virtual surrender of useful public land to build a “boutique” hotel. The fact that the “developer” had no experience and no track record was bad enough; but the idea that any hotel patron would want to spend the night next to the train tracks or in the vicinity of the downtown Fullerton week-end train wreck was laughable. What was even worse was the dumb rationale our council used to keep this metastasizing idiocy alive.

Over several years the dream of our former lobbyist councilperson-for-sale, Jennifer Fitzgerald – a boutique hotel – refused to die, even after Fitzgerald finally bolted from Fullerton. It’s last iteration in December ’22 was approved by our typically befuddled city council.

Which brings me to the point of this post. In her first meeting as the councilperson representing District 3, Shana Charles voted on this embarrassment. She spent that opportunity to display the critical thinking one would expect of a PhD, but demonstrated just the opposite. Listen:

It’s real nice that Ms. Charles felt obliged to share her “thought process” with her constituents. But whatever that process was, the result was comical. The the good doctor believed that such a boutique hotel will support “County functions” and “event and community centers” in DTF, but she didn’t elaborate on what those events and centers are. Why not? Because there aren’t any, unless you think of the Fullerton Community Center across the street from City Hall to be the sort of place out-of-towners will be so keen to visit that they’ll book a room at the Shana Charles Hotel.

April 21, 2023April 22, 2023Behind Closed Doors

The Crazy Tale of JP23 Urban Kitchen

by Joe Sipowicz14 Comments

Why crazy? Well it’s not really crazy at all if you’re “Jacob” Poozhikala, the scofflaw proprietor of the notorious downtown gin joint at Harbor and Commonwealth.

JP23 is just the sort of place that the creators of DTF’s nightlife economy didn’t envision and yet have done nothing to stop.

Mr. JP (left) gets a good guy award from some Supervisor Shawn Nelson drone.

Mr. JP has been in violation of conditions placed on his permits seemingly forever, and the City government just can’t seem to screw up the courage to tell Mr. JP to go screw himself once and for all. The list of violations over the years reminds me of a lurid passage in a Dickens novel – occupancy violations crowding, cover charges, illegal occupation of substandard spaces, illegal site use (shipping containers!), etc. Even the minor requirements laid upon Mr. JP, such as exterior lighting have just been ignored.

Friends may also remember JP 23 from the incidents involving a woman who claimed she was drugged in JP23 and raped in the nearby City-owned parking structure. When protesters pestered JP23, Mr. JP’s immediate response was to sue the woman for slander and libel. He was even accused of assaulting protesters.

Without delving into the details of that awful story I will only say that the patrons of the place probably don’t exercise the greatest judgment in the first place.

So what’s the latest?

Last week the City Council received an update on the status of this enterprise. Apparently, Mr. JP says he has been planning to sell his business to an eager young nephew, a gambit that has gained even more time for Poozhikala to evade making the remedial requirements demanded by the City. The alleged nephew-sale was supposed to happen last November, but still hasn’t been consummated. There are still the outstanding deficiencies to be rectified, and then there is the looming problem of the all-important new entertainment permit that has to be approved.

Our old pal, handjob lawyer Gregory Palmer stood up to bring the Council a status update on the whole affair. It was like watching an old jalopy lumber down the street. It was painful to watch this cut-rate pettifogger trying not to say things that were spelled out in the staff report, the funniest of which was:

It was very clear to all of us in the room with Mr. Pathiyil that he was nothing more than a “straw man” put up by Jacob Poozhikala to avoid his responsibility, and that Mr.Pathiyil was not a bona fide purchaser.”

In their communications, Mr. JP has declared to the City that apart from “training” his young protégé on the intricacies and mysteries of saloon owning, he will have no interest in the ongoing business. The City staff report laconically informs us that:

The purchase price for all of the business equipment, inventory and packaging; books, records and files, trademarks and trade names, as well as goodwill, was zero dollars ($0.00).

However, for some unstated reason, Mr. JP intends to remain the principle tenant of the building and supposedly collect rent from his nephew.

I’m not voting yes and you can’t make me…

Mayor Jung correctly observed the unlikelihood of Poozhikala letting go of the reins. It does seem pretty likely, as the staff report warned, that The Pooz is using his nephew to act as a decoy so a new business can be established with a new entertainment permit, unsullied by the business’s long history of bad behavior.

Finally, the report was received and filed, the issue of the permits still in the works.

And so the saga of JP23 sags along. And aren’t law-abiding citizens, taxpayers, and the owners of legitimate businesses indeed justified in calling this never-ending pas-de-deux with Mr. JP what it is? It’s crazy.