Congrats to Fullerton Planning Commission

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.

Fullerton, being Fullerton.

Preservation Attempt in South Fullerton

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.

The Walk on Wilshire

Closed but not forgotten…

The Voice of OC did a story yesterday on the future of outdoor dining in Orange County. Featured in the piece was Fullerton’s own “Walk on Wilshire,” a pandemic-related action that let a few restaurants in the 100 Block of West Wilshire Avenue avail themselves of outdoor tables by closing the street to through traffic.

By 2021, the program had become a full-fledged bureaucratic effort in City Hall with signage, barrier squabbling, permanent bollards in the street and rent schedules; and even new lingo was trotted out, as the heretofore unheard of term “parklet” was applied – a meaningless designation, but one clearly calculated to inspire the notion that some sort of public recreation was going on.

Like all bureaucratic operations, Walk on Wilshire had taken on a life of its own. Most recently the “program” (for indeed, a program it had metastasized into) was extended until mid-2024. No one in Fullerton should have been surprised by this calcification, especially Councilman Bruce Whitaker who has been supporting the road closure. We’ve seen this sort of silliness before.

It’s Redevelopment lite. The mountains of play money are gone, but the completely misplaced can-do confidence of City Hall lingers on.

And almost nobody has showed much concern for traffic circulation or the impacts on businesses to the rest of the downtown area. The Voice piece did the usual interviews with government employees masquerading as experts in “economic development,” the folks who couldn’t prove that their efforts even pay for their own cost to the taxpayers. Of course they were touting hard.

Put it back the way it was…

Coincidentally, a recent letter from Wilshire property owner Tony Bushala put the City on notice that the road closure had a negative impact on his business and he wanted the street closure removed. This missive was immediately leaked by Councilman Ahmad Zahra to the Fullerton Observer, where apparently a couple of the zanies broke into high hosannas about what a wonderful thing “WoW” is with its splendid parklets and bike passage. But is it widely regarded as such a civic amenity?

According to downtown sources, many of the businesses there are unhappy with the road closure as they see it benefitting just a few restaurants (and government rent collectors) at the expense of the greater good. So far none of these business operators have coalesced into a united group, but if they do we may hear a loud voice in opposition to parklets, barricades, and tables in the middle of a public roadway.

If there is action by the City Council to continue this program, the sailing may not be as smooth the parklet promoters hope.

The View From On High

It was like getting hit with a broomstick all over again…

I have to say there are a lot of advantages to being in Doggie Heaven, and I would be remiss if I didn’t share them once in a while.

Getting rid of all the little annoyances connected with being alive and being a dog, for one thing.

Like I was reminded on Tuesday night when I was looking in on Fullerton’s City Council meeting to see if much had changed since my last visitation.

There was a lot of silly bloviation going on, the sort of things bipeds (humans and parrots and so forth) like to do. But then I was suddenly horror struck! Who was that sitting five or six rows back along the left aisle?

Arf! None other than my former mistress, Jan Flory, looking grumpier and more outraged than ever!

Yes, I admit, I recoiled in terror – a justifiable reflexive action, really, given all the times she would crack my skull with her broom and force me to take a doggie dump on Mr. Bushala’s property – and then crack my skull again if I didn’t. A chill ran down my ghostly spine as I recalled the bad old days when a pint of Jim Beam would mean a sound thrashing for me.

Too much scotch, not enough water…

My anxiety got even worse when my former mistress got up to speak. I know I should have averted my gaze to something less horrific, but it was sort of like one of you humans watching a train wreck – it’s hard to look away. I have no idea what she was babbling about, but she was going off on a guy named Whitaker, most likely the same man she raved about at home thirty years ago – just before the ol’ broom would come out of the closet. Whack! Right across the orbital. I could tell the utility mop was still securely in place after all these years.

Well, that’s my report from up here. I did notice that Fullerton has changed very little which is sort of reassuring in a way, even though I am just a dog, and a dead one at that.

The Trail to Nowhere Grant Application

The trail didn’t go anywhere, but it sure was short…

Curious Friends have been asking about the grant application the City of Fullerton submitted to the State of California Natural Resources Agency to build the now infamous “Trail to Nowhere.” Why? Because the plan, as conceived by parks employees as a make-work project, was so obviously useless, flawed and ill-considered. Reflect on these facts:

  1. Nobody ever used the allegedly successful “Phase I” except drug addicts and the homeless.
  2. The City has been unable or unwilling to maintain Phase I which is a trash-strewn, urine soaked disgrace, making the question of maintenance (below) perfectly reasonable.
  3. Phase I doesn’t even line up with the proposed “Phase II.”
  4. The scheme was going to cost Fullerton $300,000 to build; nobody would say what the running costs would be.
  5. The proposed “trail” was to run though an unsafe area of heavy industry, junk yards, a plating facility, an asphalt plant, parking lots and myriad used tire and auto repair places. It would have run parallel to the BNSF mainline track with no buffer for a third of its length.
  6. Carncinogenic trichlorethylene (TCE) had been identified years ago on an adjacent property by the EPA/Department of Toxic Substances Control that described an underground “plume” moving south across the path of the “trail.”
  7. Two requests for information regarding environmental investigation on the “trail” site, via the Public Records Act have been obviously stonewalled by the City of Fullerton.
  8. “Trail” advocates have been disseminating false information about connectivity to the Transportation Center and Downtown Fullerton, and positing future connections to the west that are completely implausible.
  9. And probably most importantly, no one could describe a potential “trail” user except by using generic data irrelevant to the actual site. The users would be the “community”

The grant application itself isn’t to be found in any City Council documentation, because they never approved the actual application, only allowed the application to be made behind the scenes on their behalf. But it turns out that copies of the document are available, possibly leaked by City Hall employees appalled at the whole mess.

Well FFFF has it.

The Poison Trail to Nowhere?

Is it safe? Is it clean?

Is the ground under the now deceased Trail To Nowhere polluted with a toxin that nobody bothered to tell our City Council about?

I don’t know. But I do know that the question came up the other day and has the ring of truth to it.

In the last FFFF post about a bike trail that runs parallel to the now dead Trail to Nowhere, one of our Friends by the name of Observer pointed out the existence of trichloroethylene contamination at 311 South Highland Avenue and provided a handy link to a government website that indicates polluted sites.

Sure enough, 311 S. Highland Avenue is indicated on the map, and this address runs adjacent to the proposed trail west of Highland Avenue. The blue square represents an active contaminated address.

A trail runs through it…

Trichloroethylene (TCE) is used as a solvent for degreasing metal parts during the manufacture of a variety of products. This is really nasty stuff, and was used by manufacturers of circuit boards to clean stray solder and other unwanted material off the boards. Guess what? Hughes used to make circuit boards on this property several decades ago.

Did our crack city staff know about this situation? If they did, they sure weren’t talking. We know that 20 years ago the same folks bought the former UP property without doing any due diligence – which is why the UP Park had to be closed right after construction for remediation of toxins and gained the moniker “Poisoned Park.” Did anybody in City Hall learn anything from that previous disaster?

The test of that question is whether anyone commissioned a so-called Phase I Environmental Study, used to assess potential environmental issues on a given property, in this case, the long, skinny trail site. If they had they surely would have discovered the history of 311 S. Highland, and that it was long ago identified by the Environmental Protection Agency as contaminated. At that point a Phase II study should have been conducted to determine if indeed, the long UP right-of-way was contaminated like the eastern end of the UP property was.

Of course, none of this was discussed at the City Council meetings pertaining to the State grant or the trail design; fortunately Dunlap, Whitaker and Jung made the right decision without knowing any of the back story about the proposed trail’s neighbors.

Tanned, rested, and ready.

There is more to be learned about what happened, or, to be more precise, what didn’t happen in this process. Rest assured, our crack team of investigators will be pursuing this issue, and as we learn more we’ll be reporting what we know with the Friends.

The Culture War

They were large and slow with a mean streak.

You know, we hear a lot about the “brain drain” a situation in which some corporate entity or other suffers from an exodus of its senior managers, generals, archbishops, or whatever titles fit the type of organization.

The same thing pertains to government corporate bodies, too: when department heads head for the hills we hear of the loss of senior talent and expertise that bodes ill for whatever the agency’s mission might be. Lamentations are cried about the loss of “institutional memory” a sad situation in which the accumulated wisdom of the agency is undermined, sapped, or otherwise depleted.

But is this a bad thing?

Let’s reflect on the very nature of corporate behavior. Sure, the mission remains: enrich the shareholders, protect the nation, pass on spiritual uplift, fix the potholes in the road. But of course there’s more. The corporate mindset leads to gigantism, arrogance, defensiveness, self-righteousness and above all avoidance of outside scrutiny.

In effect, the mission of corporations becomes encrusted with the dead weight of the various pathologies that they engender. The consequence is not accumulated wisdom, but rather a culture of ossification that is static, slow, non-responsive and self-satisfied. They lose flexibility, agility and effectiveness.

If we consider Fullerton’s history over the past 30 years it becomes fairly evident that the culture of our government demonstrates the symptoms of ossification. The same types of issues are dealt with in the same kinds of way: bureaucrats display the same kinds of attitudes and behaviors; our elected representatives are replaced and yet never seem to change in their understanding of their jobs. The emphasis in City Hall is as much directed toward self-preservation of the status quo as of taking care of municipal problems; avoiding accountability is more important than fixing the streets. Avoiding loss of control and scrutiny by the public have been, and are the key goals, it seems, of the people we elect and the people we pay to work for us. And protecting the corporate culture is always of paramount importance.

The pages of FFFF are replete with examples over the past 30 years that will amply support my thesis. In my next post I’m going to share one of these examples: a problem that was created by the City over 20 years ago, and which lingers today.

The Associated Road War of Attrition

Reinforcements are on the way…

So characterized by Councilman Nick Dunlap is the no-longer ongoing attempt by City staff and liberal virtue signalers who were working hard to put Associated Road on a “diet.”

Mr. Dunlap seems well aware of how things that the bureaucrats want never seem to expire, and that meeting upon meeting are sometimes used to thin the herd of opposition until just about everybody has given up.

This seems to be what was going on with the rather unnecessary attempt to modify Associated by adding parking as a buffer for bike riders, along with the elimination of two vehicular traffic lanes. Meeting upon meeting were held to shore up support for the plan to get rid of two traffic lanes on Associated Road.

Here’s what happened at the council meeting study session on Tuesday. The City’s traffic guy announced that he had given up on the proposed new on-street parking, used to create a Class IV bikeway. Even staff could see the handwriting on the wall. The few citizens who were present (see herd thinning, above) still commented on the parking, but also remarked on the need for 4 traffic lanes. Those in favor of the project were all about big picture ideas that, in the context of this short stretch of road, seem sort of comical.

Dunlap says no…

When the council finally started chatting about the project, Nick Dunlap almost immediately made a motion to leave the damn thing the way it is – tabling the item for good. Shana Charles fought a losing rear-guard action as she tried to waste more time and effort on this scheme. Bruce Whitaker wisely pointed out that the total daily traffic counts don’t reflect peak hour traffic when having four lanes might actually be useful. Finally, with the dubious assistance of lawyer Dick Jones of the I Can’t Believe It’s a Law Firm, the council finally just gave staff the direction to proceed with the planned repaving and to reproduce the existing lane and bikeway striping. And so without a decisive action by the City Council, the Associated plan in social engineering sputtered to an unceremonious demise, Whitaker, Dunlap and Jung seeming to agree to a collective adios.

They never go willingly…

Will this plan really die, despite the seeming death blow? This is Fullerton, where no idea, no matter how bad, really dies if staff really wants it to live.

Old News Better Than No News

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.

Addio, Tony!

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.

Good luck with that!

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.

Gone, but not quite forgotten…

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.

Fullerton 2022 Map Quest

The 2022 effort to create new districts stumbles along. Last week, the Commission set-up to make a recommendation to the City Council met to discuss the several maps that had been submitted. The complete lack of public participation was evident – only a handful of maps were submitted.

At the end of the meeting a 5-2 majority favored Map 114 – the demographers tweak of Commissioner John Seminara’s Map 106. Then they added Maps 111 and 112 as worthy of Council consideration. Take a look at Map 114. The dark lines show current district boundaries:

Map 114 making pre-eminent good sense.

Map 114 isn’t perfect, but it is informed by Fullerton’s clear major street boundaries and respects both ethnic and physical communities of interest. It cleans up the idiotic Tentacles of Interest foisted on the voters in 2016 by our former Mayor-for-Hire, Jennifer Fitzgerald. There would no longer be district contortions so that council members could each have an interest in the public money vortex knows as Downtown Fullerton.

Two of the commission members – former City employee Kitty Jaramillo, and Jody Vallejo preferred Map 110 a bizarre amalgamation for District 3 – a long, thin district that stretches from Placentia Avenue to Euclid Avenue connecting neighborhoods that are physically remote and that don’t share any obvious connection. The adherents of this map apparently banded together into a committee of some kind to concoct this hot, wet mess, proving that more heads are not necessarily better than fewer. Check out this acid burp:

The people who defended this map claimed that it is the “College map,” joining CSUF and FJC with their surrounding neighborhoods as a dubious “community of interest.” The further rationale for its support was that “many people” had participated in its creation. This map violates several basic tenets of district-making, to wit: creating a district (3) that is not compact; splitting the trans-57 community of interest into two separate tribes; and throwing together neighborhoods almost 4 miles apart in a weird, horizontal embrace.

How anybody could justify this District 3 is still beyond me. The demographer tried to make it less ridiculous by whacking it back by a mile (Map 112), but it still looks unsupportable by reason or logic. Here is Map 112.

So what gives? Commission member Tony Bushala dialed in to proclaim that Map110 (and by extension, Map 112 was motivated by purely political consideration, not the Voting Rights Act and the Fair Map Act that govern this process, and would have none of it. He didn’t elaborate.

The train of thought was weak but it sure was short…

And then it hit me.

Map 110 (and by extension Map 112) was submitted by a group of people committed to keeping Jesus Quirk-Silva, the current liberal, dim-witted D3 councilman in office. The other recommended maps – that removed the gerrymander that put him in the office – would leave him with no place to run in 2022 and out office!

Hence the desperation by this “committee” that wasted a lot of verbal gas doing what it not permitted by the FPA – protecting a party or a politician.

Oh, well, the maps go to the City Council on Tuesday the 8th, where outrage theater, liberally sprinkled with liberal handwriting will be featured on the playbill. Expect long lines the usual weepers, new and old, show up to promote Map 112. Will it work? That depends on Mayor Fred Jung who by now must be getting a shitload of unwanted importunity coming at him.

Of course there is nothing stopping a council majority from devising its own map, drawing on others, or cooking up a whole new one. But as it stands now, Map 114 is the one supported by the Redistricting Advisory Commission.