Behind Closed Doors Archives - Friends For Fullerton's Future

The other night I was watching our esteemed councilcreatures meet so I could check out the Associated Road conversation and I stuck around for the discussion on whether to hire a “consultant” to figure out the cost for Fullerton to ditch the Orange County Power Agency.

The OCPA was conceived as a way to provide “green energy” alternative electricity to people in orange County who wanted it. The idea was the brainchild of the City of Irvine who paid for the start up costs. Eventually Fullerton, Buena Park, Huntington Beach and the County signed on.

From the get go critics attacked the new agency for secrecy and incompetence and failure to deliver a competitive price. It was up to individuals who wanted out, to opt out, a backhanded way to get, and keep customers. Not a good start.

Flash forward to today.

The County has pulled out of the OCPA, Irvine has been talking about it, too. Last Tuesday the Huntington Beach council voted to do the same; on the very same night the Fullerton City, debated the merits of hiring a consultant to figure out what the financial ramifications might be for us get out, too, before Fullerton is left holding the proverbial bag.

I have no idea why City Hall doesn’t already know the consequences of leaving the agency and why the exact formula wasn’t know before we got into it. Anyhow, the discussion wasn’t all that clear.

Ahmad Zahra, one of the people who voted for Fullerton to join this agency wasn’t there to opine on it. Bruce Whitaker and Nick Dunlap both expressed reservations about the whole deal, but went along with Mayor Jung’s suggestion of having the City Manager ask the agency to tell them what it would cost to bolt, instead of hiring a consultant to do it. That makes sense of course, but begs the question of why this wasn’t done a long, long time ago. Like on Day One.

Shana Charles who comically described herself as a “cost analyst” was pushing hard to waste money hiring somebody to pry the information, somehow, out of the OCPA – no doubt a way to embarrass Jung who is now happens to be the Chair of the OCPA. Her motion died a very slow death.

So where will this all lead? The OCPA claims to have reformed itself, but has provided zero evidence to show it has. The board got rid of the first problematic CEO even as they showered him with praise. As far as I can see this shows that nobody there is serious about anything.

Getting out of OCPA may be expensive and may get more so as members drop out; nobody seems to know, and if they do, they ain’t a-talkin.’ And that’s not only embarrassing, it’s a dereliction of duty on the part of the people who got Fullerton into this mess.

May 16, 2023May 16, 2023Ahmad Zahra

Fullerton’s Fiscal Ship About to Take on Water. Nobody Has a Clue What to Do

by Joe Sipowicz22 Comments

A few weeks ago the Daily Titan published an article about how, in a few years, Fullerton is going to be running in the red. Deep red. City projections point to being upside down $19 million between 2024 and 2028. Now that’s not very good, is it?

Here’s the grim forecast:

Naturally, the article quickly devolved into a vehicle for advocating the hiring of more people and paying them more, replete with completely fraudulent comparative pay statistics. On hand were Ahmad Zahra and his helper Shana Charles to bleat about unfilled positions and service deficits, always the first opening salvo in a new tax proposal – like the one Zahra pushed hard in 2020.

The head and the hat were a perfect fit.

Doug Chaffee, the senile Fourth District Supervisor of Orange County and a former Fullerton mayor contributed this gem to the conversation: “I think I would have been a little heavier on keeping our staff because they are the lifeblood of the city. They do the work.” Uh, huh. He failed to mention his own inept culpability in mismanaging Fullerton’s budget for years.

Hilariously, Zahra seems to think the phrase “economic development” has some sort of talismanic quality, as if there were anything City Hall could do to produce it. It never worked during the heyday of Redevelopment and it won’t do anything now. It’s just a shiny distraction that can’t even pay for the bumblers who are paid, and paid very well, to pursue it.

What economic development really means is a focus on increasing tax revenue to pay for the salaries and benefits of public employees and their bloated, guaranteed pensions. It would be refreshing if just once elected folks thought about less about raising revenue and more about living within budgetary constraints.

Mayor Fred Jung calmly opined that Fullerton has adequate reserves to handle the tsunami of red ink coming his way, but this is not reassuring. Fullerton went through the same crimson bath during the Fitzgerald/Chaffee/Quirk-Silva/Flory/Zahra regime, and anybody who thinks Fullerton is better off for the deficit spending it is a damn fool.

May 15, 2023May 17, 2023Ahmad Zahra

A Massive Gift of Public Money

by Mr. Peabody11 Comments

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 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 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.

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.

November 11, 2022November 11, 2022Bad Cops

The Song of Roland

by Mr. Peabody12 Comments

FFFF has been reporting on the doings of our fine police department for years. Every now and then we’ll get a missive from a citizen complaining about selective and an random harassment by one of our finest, in this case by a fellow named Rolando, who relates his tale, below. Perhaps one of our esteemed councilmembers will care enough to look into the matter. Yeah, right.

To Whom it may concern:

Hi,

My Name is Rolando. I was harassed and Threatened by officer who infracted me.

After the officer illegally pulled me over on commonwealth ave and impounded my Truck and trailer and Threatened me that I will never operate in Fullerton ever again, that he was going to see to it at commonwealth ave location. officer refused to write me a ticket simply because he did not have to since I own the vehicle.

After 2 hours i travel to the Fullerton police station to pay the release fee for the impound yard and as I had conclude my business and walked out of the building, come’s running out the door a cadet Named YOONE to recall me back to the front desk. Officer request!. I returned to meet the Very man himself whom impounded my vehicles trailer to further harassment and threatening because the cadet made a mistake of not notifying the officer and released my truck but not my trailer and cars. Keep in mind this officer was off his shift and out of uniform to pull me back in the front desk lobby and harass and threaten me. Is this normal ?? I don’t think so. It does not feel right to me. No I’m wondering what more is this officer willing to do ;he has a personal problem with me.

The officer is pursuing a figment of his imagination to hold hostage my property and bankrupt me financially by acquiring daily charges at the tow yard.

I asked to speak with the watch commander to no avail. I was asked by the staff to leave and not return until I bring back special requests that I am not required too. He is abusing his power as a law enforcement.

My only doing wrong was crossing his path.

I was over weight on my trailer while parked in the street.

This should of been a citation or in this case an impound, pay fee’s release property and go to court.

They are asking me to provide a MC permit. I don’t fall under that requirement because I am not a class A. The officer know that. I can’t get a appointment with the chief or anyone who is not bias.

I don’t know why officer’s take it personal for a person who is actually a functioning ,providing citizen that pay tax.

How can they request respect when they abuse the power we citizens appoint to them.

Do you have insight on how to recover in promptly or who to talk to ?

Pls help if you can.

Thanks,

Rolando

October 14, 2022October 14, 2022Ahmad Zahra

We Get Mail…And Other Stuff

by Disillusioned Ex-Hippy2 Comments

Here at FFFF HQ we always leave the door open for Fullerton citizens to share their issues. This instance is a little different. We received (anonymously) a statement that purports to be by a 5th District resident. I don’t know who wrote it, or in what context it was written. I don’t need to know. It is a well-written, eloquent, and damning indictment of Ahmad Zahra’s weepy, sleezy, self-serving 4 year tenure on the Fullerton City Council. And it’s all true.

Here’s the statement as we received it:

“1. Mr. Zahra denied the voters of Fullerton the opportunity to elect a member to a half term on the Fullerton City Council. Although he at first vocally supported an election to fill the at-large seat vacated by Jesus Silva on the Fullerton City Council, Mr. Zahra ultimately voted to appoint someone to the two year remainder of this term despite dozens of public speakers from all backgrounds pleading for a special election. Mr. Zahra argued that a special election would be too expensive, but went on to support at least one other questionable expenditure far in excess of the estimated cost of such an election.

“2. Following the appointment of Jan Flory to the aforementioned two year seat on the city council, she joined council member Jennifer Fitzgerald and Mr. Zahra himself in appointing Mr. Zahra to a paid seat on the Board of the Orange County Water District, supplanting the city’s then current representative, whose term had not yet expired. The vote gave the appearance of an obvious quid pro quo, wherein Mr. Zahra supported appointing Ms. Flory to the council in exchange for her support in appointing him as Fullerton’s representative to the OCWD.

“3. Mr. Zahra consistently voted to support spending over a million dollars on legal fees to sue two writers from the Friends for Fullerton’s Future blog who downloaded private files from an unguarded and publicly available folder on the city’s website— a folder to which the city itself had directed the bloggers. The blog’s publication of of at least some of these files revealed incompetence and malfeasance on the part of the city’s administration and police department. In addition to being an enormous waste of public funds on a suit the city was unlikely to win, this lawsuit represented a serious attack on freedom of the press, on par with legal actions taken against the publication of the Pentagon Papers fifty years ago—that is, an attempt by government to suppress publication of materials embarrassing to it and to punish news outlets who would do so. Council member Zahra’s support of this lawsuit alone should be reason for any news organization to decline to endorse him for public office.

“4. Mr. Zahra participated in a council subcommittee consisting of himself and then Council member Jennifer Fitzgerald. This economic development subcommittee held meetings behind closed doors with no publicly available agendas, no publicized meetings times or places, and no subsequent public notes. The public were not invited to attend. No one knows what was discussed in these meetings.

“5. No notes were ever made available from the aforementioned subcommittee meetings, but Mr. Zahra subsequently supported, with great enthusiasm, the development of the former Kimberly Clark property into a massive warehouse distribution site for Goodman Logistics, a frequent host of Amazon delivery services. It is no exaggeration to state that Goodman subsequently stripped the site of every living tree, including a perimeter of large, mature pine trees and groves of fruit trees that included the last orange tree orchard in Fullerton.

“6. Mr. Zahra falsely claimed authorship of a story about the Orange County Water District submitted for publication and ultimately published by The Fullerton Observer. Subsequent discovery that the article was actually authored by OCWD staff caused public embarrassment to the Observer and revealed that Mr. Zahra was willing to uncritically and deceptively pass along an agency’s public relations material to The Fullerton Observer as his own writing, casting clear doubt about the independence of his representation of Fullerton on the Board of this agency as well as his trustworthiness as a public official.

“7. Mr. Zahra has refused to reveal the ultimate disposition of criminal charges brought against him while serving on the council. Although the charges were reported by the Observer to have been dismissed, court records were sealed, denying the public the right to know what actually happened in the case of a public official accused of assault and vandalism. Whether or not the charges were judged to be justified, Mr. Zahra should have revealed exactly how this case proceeded and how it was ultimately concluded to dispel any doubt in the minds of his constituents.

“8. Mr. Zahra appointed to the Planning Commission, arguably the most important and powerful committee or commission in the city, a representative for a pro-development organization Her role as director of this organization represented a clear conflict of interest between her profession and her public service. She ultimately resigned from the Commission part way through her term with no prior notice during one of its meetings, leaving before the meeting has been concluded the the evening. Such an appointment, in my opinion, calls into question Mr. Zahra’s judgement.

“Additionally, we should remember that the 5th District was created to accommodate representation by the area’s largely Latinx population—the only such district in the city. Endorsing the only non-Latino in this contest would not seem to advance this goal.”

October 4, 2022October 4, 2022Ahmad Zahra

The Mysterious Police Report

by Disillusioned Ex-Hippy30 Comments

FFFF has just received an interesting document from an anonymous, yet seemingly informed source.

Something happened after a council meeting last year that caused the Fullerton cops to take a police report and to inform the councilmembers, obliquely, what they were doing – as if the council already knew. So what was it? Our informant tells us that Ahmad Zahra, the perpetual victim, filed a complaint against Fred Jung for some sort of assault, or threat or something. That part isn’t clear.

The fact that this police report never went anywhere means that there was nothing behind it, and in fact that Zahra probably and deliberately filed a false report to begin with. That would be a crime, of course, if anybody is keeping track, and well within broadly described moral compass Zahra has drawn for himself.

FFFF could do a Public Records Act request to get the documents, but I have a sneaking suspicion they are long gone, rather like the records surrounding Zahra’s battery and vandalism case.

Category: Behind Closed Doors

OCPA Losing Juice. Fast.