The Waiver

Gravity asserts itself…

Recently FFFF has been chronicling the goings on at the Fullerton Airport, specifically a lawsuit by a former tenant, AirCombat USA,  and the non-aviation commercial use by another tenant, Hangar 21, who is desirous of expanding its party venue. The two issues are only conjoined only because Hangar 21 was recommended by staff to move into the space that CombatUSA was kicked out of.

With enough fuel the party will get off the ground. An aviation use.

On Tuesday, December 5th, the City Council reviewed and approved the selection of Hangar 21 to occupy the space and signaled its intention to change the Zoning Code to legalize what is obviously not permitted under current zoning regulations.

The issue of Federal Aviation Administration approval of hospitality use was raised by Councilman Greg Sebourn. Fullerton Airport Manager Brendan O’Reilly, in a convoluted statement, finally got around to claiming that he had received a “waiver” from the FAA for using the airport for parties. He didn’t produce this document. Maybe we can help.

We know that back in 2014, O’Reilly communicated with the local branch of the FAA seeking advice on establishment of a non-aeronautical use in a hangar at our airport. Who this proposed lessee was we don’t know because we don’t have the attachments described in the written response from an LA FAA dude,  David Cushing. It may have been the establishment of a party venue known as Hangar 21 Venue.

Here’s what the FAA had to say:

Well, I don’t know about you, but I can read English pretty darn well. Once you strip away the cross-bureaucracy congratulations and the double-talk, the message is crystal clear: raise money to support the airport, but continue to keep non-aeronautical uses out of aeronautical areas. I don’t  know which part of an airport is non-aeronautical, but an airplane hangar ain’t it.

Is O’Reilly’s FAA waiver in reality the Cushing letter of October 2014? I can’t be sure, but that’s what the City provided when asked for documentation of FAA approval. If it is we may be heading for turbulence up ahead.

 

 

Airport Saga Continues. Does “Hangar 21” Conform To Zoning Law?

Gravity asserts itself…

In my previous post regarding recent doings at the Fullerton Airport I described a big lawsuit by a disgruntled former tenant, Air CombatUSA, and also remarked upon the propriety of the use of airport property as a party venue called “Hangar 21.” The implication was there might be some sort of Federal Aviation Administration issue. One Friend, “Order 5190.6B, Chapter 9” provided the name and place where such issues as equality access to aviation facilities are spelled out by the FAA.

Getting prepared for takeoff…

But then another of our Friends, “Little City Planner School Graduate” questioned whether such use was even legal per the Fullerton Municipal Code. I didn’t have a clue. So I looked it up.

Per Fullerton’s Zoning Map, the airport is designated “P-L,” i.e., public land. Municipal Code Section 15.25 describes permitted and CUP uses for the P-L designation. Here they are:

Bookmark15.25.020.  Permitted uses.
   The following uses are permitted in a Public Land (P-L) zone, subject to the provisions of this chapter:
   A.   Flood control reservoir areas.
   B.   Public parks and open space areas.
   C.    Public educational facilities.
   D.    Public buildings including administrative buildings, libraries, fire stations, reservoirs, and maintenance facilities.
   E.     Public parking facilities.
   F.     Public transportation facilities.
   G.    Public golf courses.
   H.    Other similar public facilities when in conformance with the purpose of this zone when recommended by the Director of Development Services, and approved by the City Council.
(Ord. 2982, 2001)

Bookmark15.25.025.  Conditionally permitted uses.
   A.   The following non-public uses or activities are permitted in a Public Land (P-L) zone when approved by and subject to conditions of the City Council:
      1.   Commercial stables, subject to the development requirements, provisions and conditions of Subsection 15.55.030.C of this title.
      2.   Open-air marketing activities including, but not limited to such activities as a cooperatively sponsored farmers market or swap meet.
      3.   Commercial agricultural production and non-retail plant nursery operations excluding cannabis cultivation as defined in Chapter 15.04.
   B.   A special event may be permitted on a property with a Public Land (P-L) zone pursuant to Chapter 8.71 or Chapter 9.12 of the Fullerton Municipal Code.
(Ord. 3227 § 3, 2016; Ord. 2982, 2001)

You will notice that there is no provision for a private party venue, no matter how tenuously tied to a legitimate “public transportation” use such as helicopter rides.

So what gives? Hangar 21 as a party spot seems to be in violation of the Code since it is not consistent with the uses described above, and since the City Council has never even tried to legitimize it via 15.025.020(H).

Fish This: Burning the Budget

Some things in life are perfectly predicable.  Things like physics and math.  They’re not really that difficult to understand, but some people in our society are a little slower than others.

For example, next week there will be idiots who put a frozen turkey into a vat of hot liquid fat because #Merica.  Despite many public service announcements to the contrary, stupidity will have its unavoidable and predicable consequences.

Tonight Fullertonians will miss out on the discussion taking place behind closed doors at City Hall concerning the state of the city’s budget.  Voters won’t get to hear about the new contract negotiations designed to help the massive multi-million dollar structural deficit, the $100,000,000 in deferred infrastructure maintenance, or the equally massive unfunded pension debt.  Instead, we’ll get a null report from The Other Dick Jones ™, and the facade of all being well will continue into this year’s planned First Night festivities.

Like so many idiots with a tank of propane, recent City Councils had fair warning of the current financial crisis.  The math just isn’t that hard to understand.  Every year, every single year, since each of their elections, Fullerton has spent more from the general fund than it has taken in.  Tens of millions of dollars in reserves have evaporated.  *POOF* gone, without a trace.

At the current rate, Fullerton may be bankrupt in two years.

This Thanksgiving, while you’re enjoying your non-idiot prepared bird, I want you to remember tonight’s secret city council meeting.  I also want you to remember a meeting held just last year.

Just last year, the council authorized the largest pay raises for staff in a decade.

“The budget is balanced!” — Jennifer Fitzgerald

“Fullerton is in excellent financial shape!’ — Jan Flory

Well, the math simply doesn’t lie.  The budget was not balanced and the city was not in excellent financial shape.  Jen and Jan dunked their frozen bird and lambasted all the chronic malcontents who protested their fine stewardship.

*POOF*

Like that, Joe Felz hit a tree, and their financial bird exploded, the raging predictable disaster apparent for all to see.

Tonight the Fullerton City Council will likely authorize reducing pay and benefits for city employees, just in time for the holidays.  When this is over, some employees will have their salaries reduced or their hours cut.  Others will simply lose their jobs.  Many of those individuals are good people who do good work. This isn’t their fault, but it will be their house that gets burned down and it will be their life that gets ruined.

Now Jen and Jan, two of those responsible for dunking this turkey?  Don’t worry.  They’ll be fine.  Jen just gave herself a $9000 raise and Jan retired.

Seems just, don’t you think?

Who Is Paulette Marshall?

Good question. She is the spouse of Fullerton Councilman Doug “Bud” Chaffee, and has often been considered the brains of the operation.

She is also rumored to be a future council candidate from the 2nd District once that district comes up for election – now slated for 2020. Here is Ms. Marshall attending an underpass opening ceremony. She’s the one over on the left wearing the purple jacket.

Here’s a close up.

But wait. Why is she even there? She doesn’t hold any official position in the city. And even more importantly, why is she wearing a City of Fullerton badge bearing the official city seal?  How did she get that badge and why is she wearing it?

A cynical person might suspect that Ms. Marshall is posing in a photo op like this for future campaign material, projecting the subliminal message of “incumbent.” But that would be extremely unethical and really hard to credit.

Felz Gets a Trial Date

I’ll drink to that!

It’s been almost one year since former Fullerton City manager, Joe Felz, embarked on his infamous Wild Ride after an evening of drinking at election night parties in the Downtown Fullerton gin mills he worked so tirelessly to protect.

We all know how the drive home went wrong: Felz lost control of his vehicle on Glenwood Drive, drove over a tree, and tried to get away – in violation of the law. We also know that the Fullerton cops gave Joe a free pass and a ride home, many believe on the instructions of outgoing Cop-in-Charge, Danny “Gallahad” Hughes. That would be a crime, too – obstruction of justice, which is exactly what is asserted by District Attorney investigator, Abraham Santos.

Anyway, Felz has been charged with drunk driving by the DA, but the collusion to protect the City Manager has not been addressed and it never will be. That would set a very bad precedent, wouldn’t it?

On January 16, 2018 it looks like Wild Ride Felz is going to get his day in court as he has pleaded innocent to the charges. And since there is no evidence of his inebriation we all reckon the deal will be “dry reckless” driving, and case closed.


Rest assured, FFFF will be present to record and report the court proceedings.

Bruce Whitaker’s Cash Cow

The other evening the Fullerton City Council discussed the issue of letting bar owners cram more of their top-shelf patrons into downtown Fullerton night clubs, a move that the bar owners ludicrously claim will actually help with all that mayhem that occurs on a typical week-end evening. As a tangent, the idea of taxing the generators of all the trouble came up.

Here is our esteemed Mayor, Bruce Whitaker, calmly explaining why some sort of public revenue generating scheme would a bad idea.

This is so disingenuous in several aspects that it’s hard to know where to start. The idea that the private business interests are the best at providing some sort of “management” at the lowest cost is absurd given the fact that the taxpayers are already  providing vastly subsidized security and maintenance in the downtown war zone.  It is the o-so trustworthy bar owners (that Whitaker claims have the biggest stake in a smoothly operating downtown) who benefit from public services they aren’t paying for.

Whitaker knows very well that the open air saloon known as Downtown Fullerton costs the taxpayers more than $1,500,000 per year. It’s a classic money pit. The irony is rich. The idea that the city government might milk DTF is absolutely absurd. The fact is that Whitaker’s bar-owner campaign contributors are making money on the backs of the rest of us – and Whitaker – despite his rhetoric – knows this damn well.

The real point is that once again Whitaker and his spineless council colleagues are going to bat for their saloon owning pals, people who have stolen public sidewalks, habitually violated the City’s noise ordinances, whose patrons wreak havoc on our streets and on themselves every night. Whitaker and the City Council have not only turned looking the other way into a full-time job, they have gone out of their way to prop up and publicly subsidize the booze peddlers they enabled in the first place.

And as usual, the rest of us pick up the bar tab.

Another Felzian Development

Word has got out that disgraced former city manager Joe Felz is working with Crittenton Services on a new “mixed-use” development on Harbor Boulevard. It’s hard to imagine Crittenden – that takes care of wayward and abused girls – being in the land development business so that doesn’t quite make sense – unless maybe it’s to build themselves a new corporate complex.

Is Felz working for a fee so he can profit from all those inside contacts he continues to cultivate after his (and our) municipal humiliation? Maybe he is donating his valuable time for the sake of the charity. Either way, it hard to see why Crittenden would think the services of Felz, who quit after getting popped driving off the road and trying to make a quick getaway, would be anything other than an embarrassment to them.

 

I’ll drink to that!

A little research shows that Crittenden has assembled quite a bit of real estate over the years. And curiously (or not) it is directly adjacent to the “Fox Block” monstrosity that never seems to go away.

If the city made a deal to get rid of the “useless” triangle parking lot, the rest of Crittendon’s property along with the covering of a flood control channel and the elimination of an alleyway would make a great apartment block.

And finally, I note that the Fullerton Redevelopment Successor Agency is holding on to $6 million for the Fox Block – vestigial redevelopment Monopoly money that will end up in some developer’s pocket.

No, You Can’t Make This Stuff Up

The other day I discovered this notice from the City. It’s a class for citizens to help their fiscal literacy. And unlike the proverbial lunch, it’s free!

Expert advice from the experts…

So let’s get this straight. The City of Fullerton, which has been incapable of balancing its budget for at least four years, and that has dipped into reserved funds to the tune of $45,000,000, and that is a couple years from insolvency, is promoting financial empowerment and estate literacy to the citizenry! How funny and unintentionally ironic.

I wonder if this free class will be promoting the benefits of a new sales or utility tax to pay all the salaries and benefits of those experts in City Hall who have dug us into this hole.

While We Were Away: Barry Coffman Stepped On Own Weenie. Didn’t Notice.

To swerve and deflect…

The other day FFFF posted an alarming list of FPD malfeasance, misfeasance, and general dumbassfeassance that should be shocking to anybody whose head is screwed on straight. Of course that excludes people like Councilmembers Bud Chaffee, Jesus Silva, and Jennifer “Fullerton Fire Sale” Fitzgerald who got themselves elected courtesy of Fullerton’s cop union.

One of our Friends pointed out this sad tale, as reported in The OC Weekly, a story of brutal gullibility, incompetence and indifference in which once again, the FPD is responsible for the prosecution of innocent people who end up spending a considerable amount of time in the County lock-up. Andrew Goodrich has informed the public, however insincerely, that the FPD really does try to arrest the right people. But when you read the case of Josh Eddleman and Jerrie Harvey, you really have wonder.

Just doin’ his job…

The really funny part of this story (for those of us who can possibly find humor in criminal injustice), is the name of the Fullerton “detective” involved, our old pal, corpulent Barry Coffman, whom you may remember from the award winning video “Excessive Horning.”

How this dim bulb ever became a police detective must remain one of life’s grand mysteries. Right up there with the existence of Bigfoot and how sex shakedown creep Ron “My Request Stands!” Bair ever became a police detective himself.

In 2016 FPD still hadn’t pursued the real culprits in this case, most likely because doing so would prove acutely embarrassing for the professional reputation of “Detective” Coffman.

We’ll follow up.