Council Ponders Parking Puzzle Pilot Program

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

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

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

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

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

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

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

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

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

Trail to Nowhere Pests Throw Party

A Friend just forwarded notice that something called South Fullerton Community is holding a “recognition” celebration this Saturday. The cause? Recognizing “community leaders” for succeeding in pestering, insulting and generally annoying Councilmembers Dunlap, Jung, and Whitaker until the latter finally caved in and approved the $1.7 million State grant to build a recreation trail through the middle of the worst industrially blighted, drug-riddled and gang infested strip in Orange County.

Hubris doesn’t seem to be something the South Fullerton Community folk worry about.

Of course this unheard of group was obviously created by and exists solely as a prop for Councilman Ahmad Zahra. Ironically, they won’t be holding their victory party anywhere near the site of the Trail to Nowhere. That would be a bummer for the celebration.

The announcement says that Assemblywoman Sharon Quirk Silva will be there to recognize the achievement, which makes sense because she doesn’t have any. Senator Josh Newman knows better than to bless this disaster-in-waiting by his presence; but maybe Gas Tax Josh doesn’t know better. This is the same guy who passed a regressive tax increase on his constituents the day before he left town for a Caribbean vacation.

And still the problems of the Trail to Nowhere appertain: a fraudulent grant application that omitted mention of contaminated soil and lied about the number of potential users; 10 active testing wells for trichlorethylene on the site; gang graffiti everywhere; homeless encampments; and of the cost of ongoing maintenance that no one has accounted for. Then there is the rosy, 5 year old budget that won’t get the deal done and will require additional money that could be used on other facilities.

RIP

Will any of the celebrants care about the true facts of the Trail to Nowhere? They haven’t so far. Will any of them stand up in a couple of years and apologize for the harebrained scheme? Of course not. All the people in charge of this mess know it as a fact that government has no rearview mirror and that mistakes may have been made (passive voice) but:

  1. Not enough money was spent.
  2. The people in charge have retired.
  3. Critical information was withheld by someone, possibly, but it was all a worthy gesture.
  4. It’s not a disaster it’s a victory!!
  5. Hindsight is 20/20.

Of course this being Fullerton the subject probably won’t come up at all, just as no one even bothers asking about the 20 year old embarrassment known as the Union Pacific Park.

I wonder if the party-givers have invited Messrs. Dunlap, Jung and Whitaker to their fete. They deserved to be recognized, too, and maybe even get a certificate of achievement.

Cops Croak Combative Chemise-less Chap

The following is a Fullerton Police Department issuance:

Fullerton Police Officers responded to a restaurant located in the 1300 block of S. Brookhurst Rd on March 6 at 3:01 am regarding two males that were standing at the front of the doors, possibly under the influence of drugs. The reporting party, who was the manager of the business, was concerned for the employees’ safety as they began to arrive for work. 

Officers arrived on the scene and contacted one shirtless male adult, who was uncooperative with Officers’ commands. The male began swinging a belt at officers as they attempted to contact him. Additional officers were requested, and once they arrived, they utilized a taser to attempt to subdue the suspect, which was ineffective.

The suspect continued to act erratically and was uncooperative as he refused to comply with officers’ commands. Officers then utilized a less lethal kinetic energy projectile and struck the suspect, allowing officers to take him into custody. At this time in the investigation, it is believed the suspect sustained a significant injury to the chest area as a result of the use of the less lethal kinetic energy projectile. 

Officers began life-saving measures while paramedics responded. The suspect was transported to a local trauma center, where he was later pronounced deceased. 

As is standard practice in Orange County, the Orange County District Attorney’s Office will conduct an independent in-custody death investigation. 

The Orange County Coroner will release the deceased suspect’s identity. 

It would be nice to take FPDs statement at face value, but given both the history of the department, it’s unreformed record, and the nature of police reports in general, it would be unwise to do so. I won’t comment on the propriety of this episode other than to point a out a few of the typical bias issues with the report that are clearly intended to sway public opinion in the police direction, regardless of the central facts of the actual encounter. We’ve seen it lots of times before in Fullerton.

It’s 3 o’clock in the morning at a restaurant, most likely the McDonald’s store, which is in the 1300 block of South Brookhurst. Two dudes are hanging out in front of the doors, as reported by the store manager, who is apparently concerned for the safety of his incoming employees, and who has called for the police. So far so good.

Except that the two are reported as being possibly under the influence of drugs. It’s also possible that they are not under the influence of drugs. And here’s where the narrative gets loosey goosey because we don’t know, and won’t know until the Coroner is done with the corpus delecti, oops, the body.

We learn from the report that the cops on the scene encounter “one male,” shirtless; male #2 presumably has decamped. The fact that the man is inexplicably not wearing a shirt at 3am is further non-evidence in the effort to direct us to the inevitable exculpation of the police.

We are informed that the man was uncooperative with commands. Not knowing what the commands were, we are left to assume they were legal commands. Mr. Shirtless, removes his belt and swings it at the cops as they try to “contact” him. Contact? Verbally? Physically? What for? Has he even broken any laws at this point? Your guess is as good as mine. Fearing for their safety (no doubt) the cops on the scene request back-up, which arrives. Is Shirtless still swinging the belt? Don’t know. But rather than physically restrain Shirtless, somebody decides he needs a Tasing as a form of attitude adjustment. Which, of course fails.

Now there are multiple officers on hand and Shirtless still remains uncooperative to commands and erratic, another subjective and loaded term. Is he still swinging the belt after the failed Tasing? Don’t know. Still no mention of an attempt at physical restraint by any of the multiple, presumably fit officers. At this juncture somebody decides to hit the man with a “less lethal kinetic energy projectile” which hits him in the chest. I don’t know what a less lethal kinetic energy projectile is, but I guess if you hit somebody in the wrong place (and I don’t mean the 1300 Block of South Brookhurst), you can kill him. In this case, the technique wasn’t less lethal.

The police offer “life-saving measures” that don’t work, either, and the man is hauled of to a trauma center where he is “later” pronounced deceased, although the wording implies that the death, not the announcement came later. We don’t actually know when the man died.

There are lots of specific questions about this encounter, such as several failed tactics and the possibility of escalation, none of which is offered in the press release. Will we find out? The DA won’t help with transparency and neither will the FPD. But, surely Mr. Shirtless has relatives, and the relatives will have lawyers.

The Abdication

Lots of Indians, but no chiefs…

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

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

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

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

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

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

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

One size fits all…

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

Trail to Nowhere Gets Use

The other day FFFF noticed a gentleman who was actually an active bicycle user of the City’s much-vaunted recreation trail through the industrial wasteland of central Fullerton. In fact, this fellow has two bikes!

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This poor chap seems harmless enough, but guy’s presence once again raises the several issues regarding the proposed $2,000,000 trail, mostly about safety and maintenance, but also about the homeless problem that has plagued the City’s Union Pacific right-of-way for two decades and actually helped close the dead Union Pacific Park years, and years ago. Potential users, even if there were any identified beyond the insane projection of 105,000 per year, would surely think twice about the neighborhood and the company they would be keeping whilst recreating on the Trail to Nowhere.

No one in City Hall, not staff, and not the incurious City Council who unanimously approved this waste of money, explained why the fate of the UP Park won’t also be visited upon the Trail to Nowhere. The physical conditions still appertain and the existence of the homeless and the Fullerton Toker’s Town gang is as prevalent as ever.

You would think that no one would want their fingerprints on this new disaster-in-waiting, but there seems to be the understanding that in Fullerton all you have to do is wait for a year or two and all past sins will be forgotten if not forgiven. This is called no-fault government, and man, we got it bad.

I Think I’ve Seen This Movie

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

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

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

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

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

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

Maybe the less said, the better…

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

The Desecration of Emmanuel Perez

RIP

In a post only a month ago I wrote about the presence of a memorial shrine on the now-approved, ill-conceived “Trail to Nowhere,” likely evidence of a mortality, causes unknown. But we knew the name of the victim because a small cross gave his name, Emmanuel Perez, and his vital dates:1990-2018.

On a recent tour of the Trail to Nowhere FFFF noticed that the cross bearing Mr. Perez’s name has vanished, removed by somebody after having been there unmolested for many years judging by the age of the shrine.

Gone, not forgotten…

Who did it, and why?

The only plausible reason is that someone who reads this blog, or knows someone who reads this blog wanted it gone, and took it.

It’s possible that family members or friends removed it, but that sort of defeats the purpose of a memorial, and why, after all these years?

It could have been a City employee, dispatched for the purpose of removing an embarrassment to the City’s beloved boondoggle. That would be ironic given the trash, industrial waste, homeless and drug addicts that are the hallmarks of both Phase 1 and the proposed Phase 2 of the Trail to Nowhere. The City has never shown any interest in maintaining the existing property it owns.

Nothing to see here…

Or could it have been a zealous Trail to Nowhere advocate, those busy Zahra minions, who decided that a memorial to dead man was not the sort of landmark that would make good publicity for an allegedly safe facility. Or maybe it could have been a Fullerton Observer.

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It might even have been taken by the fellow who is currently making his abode about 100 feet from the memorial site, to add to his collection of Fullerton memorabilia.

Mr. Perez is gone and so is his cross. But neither are forgotten. FFFF is offering a reward for information about who purloined the memorial cross of Emmanuel Perez. Send us an email.

The Compartmentalization Effect. Or Worse.

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

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

Well, well, well…

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

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

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

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

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

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

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

The Sound and the Fury

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

Just kidding…

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

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

More Orwellian language…

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

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

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

dick-jones
Staying awake long enough to break the law…

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

A Couple of Old Friends

I noticed two items that popped up on the Fullerton City Council’s December 19th, 2023 Closed Session Agenda, two things that remind us that in our town bad news never seems to go away, if it ever needed to happen in the first place.

One item had to do with Jacob Poozhikala, the slimy SOB who owned JP23 on the southwest corner of Harbor and Commonwealth.

Poozhikala is a poster child for the miscreant club owners in DTF who slithered in as our city government kept bending over backward to accommodate them. Pooz’s place of hospitality was probably the worst offender of them all – quite a feat. A shooting, alleged drug rape, overcrowding, operating without permits, etc.

Oh, I’ma hit that!

There wasn’t a legal barrier Pooz chose not to ignore. In the end he tried to shift the stalled permit process to a new owner – his nephew. That didn’t work. There’s a new establishment there now, but evidently Pooz isn’t through with us. I Can’t believe It’s a Law Firm to the rescue!

The other item involves our old friends from Air Combat.

In case you forgot, Air Combat, a lessee out at the airport, sued the City for violating its lease agreement, an incompetent ploy by our wonderful Airport Director, Brendan O’Riley to push out Air Combat and install a new tenant whose use was illegal.

Gravity asserts itself…

Ultimately a jury found the City at fault and awarded the aggrieved party $1.2 million. Of course nobody suffered any consequences, although the man in charge, City Manager Ken Domer eventually was fired and is now plying his dubious abilities in Laguna Beach.

Domer-Decorations
Hitching to Willow Springs…

I don’t know what is still being litigated here, but it’s nice to see familiar faces, isn’t it? Jones and Mayer presided over this fiasco, too, but unfortunately for us taxpayers, Dick Jones ran up against Sheppard, Mullin, Richter, a real law firm.