The Fiscal Cliff

The Fullerton City Council is holding a special meeting tonight – a 2024-25 Budget “workshop.” No work will get done but there will be shopping going on as staff begins its formal press to raise a sales tax.

There is a lot of self-serving verbiage about how well our City staff has performed its tasks up ’til now, but then the hard reality hits because budget numbers can’t pat themselves on the back.

There are some harrowing numbers in the proposed budget – including a $9,400,000 draw-down from strategic reserves. This means of course, that the budget is no where near balanced as City Hall apologists like Jennifer Fitzgerald and Jan Flory claimed when they ran the place into the red almost every year.

M. Eric Levitt. Will he save us from ourselves?

Let’s let our City Manager, Eric Levitt tell the tale:

Financial Stability. The City has been able to over the last two years (for the first time in recent history of the City) to reach and maintain a 17% contingency reserve level. This budget maintains that reserve level; however due to an operating deficit, we will be utilizing one-time excess reserves this year and coming close to that 17% level in FY 2024-25 and below that in years beyond next year

Read. Weep.

The overall picture gets even worse as the levels of reserves slowly dwindle away. After this year Fullerton continues to be upside from $7.5 to $8.8 million each year until the end of the dismal decade. We are not favored with the running reserve funds balances.

Infrastructure is supposedly a big deal. Which reminds me of a quotation attributed to Mark Twain: Everybody talks about the weather but nobody does anything about it. But this year we are told, we can push get going on our deteriorating infrastructure along by borrowing! Once again let’s heed the words of Mr. Levitt:

I have also put together a strategy to increase that funding level to closer to $14 million over the next four years through the use of financing. However, there are both upsides and downsides to this approach which will be discussed with you in more detail at today’s presentation.

Now this should be a red flag: borrowing to perform maintenance, a basic accounting no-no. And what form will the borrowing take? Not a municipal bond, you can be sure, It would likely be by selling certificates of participation or some other dodge to avoid municipal debt restrictions. Here’s the table that shows our Maintenance of Effort (MOE) shortfall without financing.

Now we all know that interest payments are made by somebody, somewhere, and that somebody is you and me. We get to pay the interest on debt incurred by years of municipal mismanagement by people like Joe Felz and Ken Domer and Jeff Collier who get to sail off to a glorious and massively pensioned retirement at 55 years of age.

And finally, to circle back to the story lead, here’s a distasteful nugget carefully slipped into the City Manager’s report:

“Staff recommends City Council review options over the next year to stabilize the budget and ensure the City remains financially sound.

Jesus H. There it is. Not quite explicitly stated, but we know very well where this is going. Another general sales tax effort, just like the ill-fated Measure S of four years ago. The seeds for this have already been planted, of course, in a nasty little taxpayer-funded fishing expedition in the guise of a community survey. Last November I regaled the Friends with this slimy maneuver, here.

How did things get so bad?

By the way, this is exactly the same process City Hall rolled out four years ago. And we will be told By Ahmad Zahra, Shana Charles and Vivian Jaramillo that if we don’t pony up we will be morally deficient.

Well, good luck Friends. This is going to be a long year and you can bet the farm that we will be asked to pick up the check – again.

Dysfunction Junction

Denial is a fairly common human condition, but normally it involves interpersonal relationships and fact isn’t always that easy to ascertain. It is also quite common in politics where one’s emotional beliefs and prejudices are set against somebody else’s. And then there’s the case when bald facts are staring you in the face and you just can’t allow the cold truth to intrude upon your fantasy.

Nowhere is the latter situation better seen than in the City of Fullerton’s attitude and actions involving the “downtown” area.

Business is booming…

It’s not real complicated. The City has known for almost two decades that downtown Fullerton was a money loser. A big money loser. And yet nary a word of complaint or criticism of the booze culture of downtown Fullerton has been uttered by the bureaucrats and politicians.

The most recent analysis was essayed 7 years ago. Here’s the money shot:

In 2017, the taxpayers of Fullerton were subsidizing the bar owners to the tune of almost $15,000 per liquor joint, each and every year. Three quarters of a million a year. Of course this was just for “public safety” as noted:

We focused on the public-safety facets of this study alone, and did not include the development and maintenance services costs Fullerton audited. We illustrate below Fullerton taxpayers were effectively subsidizing bar and restaurant establishments – to the tune of about $15,000 per establishment – all to cover the costs of police, fire and rescue services provided to the establishments and their patrons.

We know that maintenance and code enforcement and the legal services of Dick Jones and his I Can’t Believe It’s a Law Firm jack up the cost to well over a million bucks – $1.4 million being the overall cost previously discovered. And there are now over 50 bars.

Another award!

Think of it. During hard times and good, the taxpayers of Fullerton subsidize the likes of the Florentine family and the Marovic mob and the Poozhikala posse, while they make a fortune peddling fish bowls of booze to out-of-control miscreants and ignoring the law.

And still City staff insists on describing downtown Fullerton a glowing success story, a triumph to be built on; of course they aided and abetted in the charade by city councils that are marked by political cupidity, stupidity and a desire to look like they have accomplished something. Anything. For decades these people have crowed about their achievements in DTF, even as they desperately crammed more and denser housing blocks in and around main streets – hoping a captive audience would somehow help. It didn’t, and by the early 2000s the City decided an open air saloon was just the thing. And then the restaurants morphed into bars and then the bars morphed, illegally at first, into nightclubs.

I can keep this up all night…

As things got more lawless, and even some like Dick Jones lamented the “monster” he had created, the only thing that happened was that things got worse. Blasting noise, random violence, sexual assaults, human waste, mayhem, shootings, sadistic and pervy cops – you name it – caused no retrospection in City Hall about what had, and what was happening. It was all a big victory, and you don’t second guess a victory.

Well, things are looking glum fiscally for Fullerton according to last years budget projections and we will be told Ahmad Zahra and Shana Charles that we must bear the burden of a new sales tax jack-up in order to keep the creaky old jalopy going.

I say fix the financial sinkhole that is downtown Fullerton before you stick your hands in our pockets.

An Unhappy Anniversary

And what anniversary might that be, Friends may be asking.

Not gone, but almost forgotten…

This Wednesday, March 27th, marks the one-year anniversary of a deadline date agreed to by the City of Fullerton and one Mario Marovic, a downtown bar owner. Not much of a deadline, huh?

Hey, that’s not yours!

By March 27th, 2023, Mr. Marovic was required to have started demolition of the so-called “bump out,” an illegally constructed room addition built by the Florentine Mob two decades ago on City property. Marovic had gotten rid of the Florentines, finally, but decided that the leasehold on the room addition was somehow ripe for the encroaching. So he began remodel work on the leasehold right along with the rest of the building that he does own.

Busted.

Meet the new proprietor, same as the old proprietor…

But Fullerton being Fullerton, where nothing seems to be done right in City Hall, and where downtown scofflaw saloon owners do whatever the Hell they please, Marovic seems to have decided that the deadline meant, and means, nothing. And why should he believe otherwise? He has seen firsthand how the City bureaucracy and the City Attorney bent all the way over for the Florentines – instead of making them obey the law.

Well, the Earth has made an entire revolution of the Sun.

The City Council may occasionally talk about this in their hush-hush, top secret “Closed Session” meetings, but the public is not to know what is happening, even as our money and property are being frittered away. We do know that Marovic has threatened a claim against the City, but so what? Why would that be cause for the City to ignore Marovic’s breech of contract and seize the public property that Marovic encroached on illegally?

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

The reason could be that our esteemed lawyer, Dick Jones of The I Can’t Believe It’s a Law Firm, believes upholding agreements is not a winning strategy. Of course this third rate pettifogger has won so few cases for us, and has lost so many that we may feel confident questioning his judgment.

Or, it could be that the feckless and spineless City Council has been individually persuaded by Marovic that it’s in their best interest to ignore the deal, and that they should just let Marovic keep raking in the bucks thanks to a Conditional Use Permit that was contingent upon the removal of the room addition.

The 2024 4th District Election

As the Friends know, Fullerton’s First, Second and Fourth City Council District representative jobs are up for election this fall. And while it’s a little early to speculate on who’s going to run and what the outcome might be, it’s fun to do a little introductory review.

Dunlap-Jung

Incumbents Fred Jung and Nick Dunlap are incumbents in the First and Second Districts, respectively. If they want to run again, and I haven’t heard they won’t, the power of incumbency is hard to beat.

Going, going, gone…

The Fourth District, currently represented by Bruce Whitaker will be wide open. Whitaker is termed out after 12 long years on the Council and his replacement will decide the balance of the Council if Dunlap and Jung run, and are re-elected. The current 3-2 division is based on ideological difference, the difference is between looking out for the taxpayers – at least once in a while – and doing whatever idiocy the bureaucracy wants to perpetrate.

Yes, I do so live here.

At this point the candidate pool seems weak. Last time Whitaker squeaked by past a dude named Aruni Thakur, a school board member who didn’t live in the district. Could Thakur do the (fake) carpetbagger routine? He had the full support of the unions and the County Democrat Party four years ago, but it wasn’t enough for poor Aruni, who was hammered with his carpetbaggery. With no incumbent this time around his political greed might pull him in.

Vivian “Kitty” Jaramillo

Then there is a woman named Vivian “Kitty” Jaramillo, an individual who has made a nuisance of herself recently attacking the Council majority with the usual feigned outrage. Ms. Jaramillo is retired from “work” as a life-long municipal employee whose professional career started in Fullerton handing out parking tickets and graduated into being a code enforcement busybody. She would be a perfectly reliable yes vote for anything floated by city staff, and just the sort of running buddy Ahmad Zahra dreams about to support a sales tax. Word on the street is that the OC Dems are already behind her candidacy, which would preclude the aforementioned Thakur from getting involved.

Jaramillo ran for the City Council in 2012 and came in 7th in a city-wide election. Two years ago she was appointed to the redistricting committee where she championed the failed, ridiculous district map meant to keep the lamentable knucklehead Jesus Quirk-Silva in office.

Jaramillo’s other claim to fame, besides pestering the City Council these days, is suing the City in 2015 to create city council districts – very likely so she could run herself someday when Whitaker termed out.

So far no one from a more responsible philosophical perspective has raised their hand in D4, but as noted above, it’s still early in the year and filing doesn’t take place for almost another five months.

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.

Fullerton City News Opines on Noise Debacle Downtown

Just kidding…

A publication called Fullerton City News features a very detailed look on the embarrassing nuisance noise situation created by Downtown Fullerton’s scofflaw bar owners, and the even less than feeble efforts of the City’s code enforcement crew to do something about it. As FFFF noted, here, City staff’s latest response to the 15 year old problem is to let the noise get louder.

By the way, I enjoy the fun Fullerton City News masthead and logo. It’s a takeoff on the city seal, and a nice and well-deserved shot at the less than worthless Fullerton Observer pretending to be “independent.”

Here’s the story:

“Since 2009 the Fullerton City Council has been going back and forth with bar owners and their proxies on City Staff, specifically in the Community Development Department, over how loud Downtown Fullerton should be on any given night.

The short version of this story is that staff is trying to implement a “noise zone” in Downtown Fullerton. Despite building housing basically on top of the bars (and approving a hotel at the train station), somehow it makes sense to make this mixed-use residential area LOUDER.”

See the whole article, here.

A Tale of Two Trails

A Friend has alerted us that the on-line version of the Fullerton Observer posted a story by somebody named “Emerson Little” about a little known Fullerton trail called the Lucy Van Der Hoff Trail. The title? “Lucy Van Der Hoff Trail Needs Maintenance.” It seems that almost nobody knows about this .9 mile “asset” even though it is City-owned.

Unfortunately, the “trail” is overgrown, full of trash, and is yet another shining example of neglect by our top-notch Parks Department. Fortunately, the intrepid Emerson took the trail and generously provided images. But let’s let Emerson tell it in his own words: .

“It’s maintained by the Fullerton Parks and Recreation Department and is listed on the city’s website as a connector. However, when I walked on the trail, it was rather overgrown and poorly maintained. In certain spots, there were quite a few lost objects and pieces of garbage, possibly swept down the pathway by rainwater.”

Put on your walking shoes…

So, the City has completely failed at maintaining the Lucy Van Der Hoff Trail – even as a simple mountain bike trail. They seem actually have completely ignored it – a facility that should cost almost nothing to maintain. It’s alleged “connector” value is almost useless.

It’s the thought that counts…

More from Emerson: “I stepped around some discarded plastic bags, bottles, pillows that were torn open, unidentifiable articles of clothing, pieces of broken wood, old soccer nets, and cans, making my way forward.” When the overgrown vegetation became too thick our brave explorer had to ditch the “trail.”

Finally, here’s Emerson wrapping up the tale of his Big Adventure: “So, while my hike was interesting, I really wouldn’t recommend taking the Lucy Van Der Hoff trail.”

And now, Friends, here’s an observation that seems to have escaped the keen notice of the Observers. The advocates of the infamous Trail to Nowhere on the old Union Pacific right-of-way tacitly believe (or pretend to believe) it is going to be maintained – 170 trees, hundreds of shrubs, water lines, irrigation systems, benches, paths, signage, light fixtures – and let’s not forget graffiti removal, etc. – even though there is no budget to do this, and the money can’t be looted from the Park Dwelling Fund which can’t be used for maintenance.

We’ve already seen the maintenance fiasco of UP Trail Phase I – the plant denuded, trash filled, urine soaked predecessor of Phase II that nobody in City Hall has given a rat’s ass about. And Fullerton is also facing a fiscal cliff thanks to years of budgetary mismanagement.

Several months ago FFFF received a comment from former City Manager Chris Meyers, warning about the foolishness of building something that doesn’t have a plan for maintenance cost. But Ward 5 Councilman Ahmad Zahra believes even talking about maintenance issues south of the tracks is “offensive,” the idea being that it’s great to give the “underserved” barrio “something nice,” but who cares what happens to it later. It’s like giving somebody a car when they can’t afford to buy gas, or insurance, or keep it running. Looks like Zahra’s colleagues all agree – even though the very same people can’t figure out how to open Union Pacific Park – another embarrassing disaster.

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 Trail to Nowhere Complaint

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

As has been predicted, a concerned Fullerton Friend has decided that the dismal Trail to Nowhere was such an insult to California’s taxpayers and to any commonsensical Fullerton resident that he was going to do something about it.

This image has an empty alt attribute; its file name is Camp-750x1000.jpg

So he wrote a letter to the State of California Natural Resources Agency and addressed it to the Agency’s boss, Mr. Wade Crowfoot. I understand that the letter was sent by registered mail so it may be hard for Mr. Crowfoot to claim he didn’t get it.

Well, well, well…

Cynics will say that the California bureaucrats at these agencies don’t care how their grants are spent, or in this case, misspent. Their jobs are to dole out the dough without a backward glance. In this case there was no real forward glance either; judging by the initial approval, they swallowed Fullerton’s tale by the proverbial hook, line, and sinker.

Anyway, it’s a good synopsis of the various inaccuracies and falsehoods in Fullerton’s grant application. Here is the text of the letter, forwarded to us by its author:

Mr. Wade Crowfoot
Secretary for Natural Resources
California Natural Resources Agency
715 P. Street, 20th Floor
Sacramento, CA 95814

Dear Mr. Crowfoot,
I am writing to you as a concerned citizen of the City of Fullerton, to inform you of irregularities in a
Grant Application made by the City of Fullerton to your agency which resulted in the award of a Urban
Greening Grant to build a recreational trail on an abandoned section of the Union Pacific Railroad right-of-way.
This is a 2022 grant for $1,777,200.00, under Grant Agreement U29194-0 which itself was authorized by
Senate Bill 859.
The irregularities in the Grant Application falls into two categories: first, omission of pertinent
information required by the application; second, outright falsehoods about the projected positive
aspects of the project.
The application failed to alert the State that one of the adjacent properties to the proposed trail is
contaminated by trichloroethylene (TCE), a known carcinogen. The property (311 South Highland
Avenue) is identified by the EPA and the State of California Department of Toxic Substances Control
(DTSC). Reports have indicated a TCE plume emanating from 311 South Highland in a southerly direction, precisely under the proposed trail site. There are currently 10 Monitoring test wells along the proposed trail site and several others in adjacent properties.
The proposed project budget does not include any cost for additional testing, remediation, and/or
export. There is no inclusion of the need to rework or replace the existing test wells.
Beyond the unmitigated environmental concerns, the City of Fullerton Grant Application asserts
“connectivity” as a positive feature of the proposed trail. These assertions are demonstrably false. The
proposed trail does not connect to any businesses; it does not connect to Downtown Fullerton; it does
not create connections between parks and schools; it does not connect different parts of the City and is
actually contained within the same compact area. In fact, the proposal for Phase II does not even
connect to its predecessor, Phase I, which itself was a selling point in the Grant Application.
In truth, the proposed trail is a disembodied half-mile length of property that starts and stops without
reference to any other transportation corridors.
To the West, Phase II terminates with the Burlington Northern Santa Fe right-of-way at the back corner
of Independence Park, a park so poorly maintained that the playground, courts, and gymnasium have
been closed off to the public for several years. On the East, Phase II abruptly ends at a sidewalk adjacent to Highland Avenue, a North-South thoroughfare serving approximately 11,500 vehicles daily, per the City’s own traffic study in 2019.
Even if Phase II connected to Phase I, which it does not, Phase I itself stops at the back of the abandoned
Union Pacific Park which was closed due to contamination 15 years ago. There is no practical extension
in either direction.
Despite these facts, the City of Fullerton’s Grant Application included a projected 105,000 annual users, a number that is simply preposterous on its face.
The proposed trail does not pass through a residential neighborhood, but rather a blighted industrial
strip situated between two dilapidated, neglected, and run-down parks. In short, it doesn’t go where
anyone with common sense would want to go.
The existing abandoned right-of way has provided plenty of evidence of being unsafe. There is rampant
drug use, homeless encampments and two violent deaths over just the past few years.
The City of Fullerton cannot afford to maintain the proposed facility, as is clearly witnessed in the
condition of the trash strewn, dilapidated, weed-infested Phase I, a condition deliberately omitted from
the grant application. The idea that this area has been so poorly maintained but somehow the City will
be able to be good stewards of the area only AFTER the State grants it nearly $2 million more, is
insulting.

The $1.77 million grant represents resources that could, and should, be used elsewhere.
Fullerton’s Application was disingenuous, at best. At worst it included falsehoods dressed up in words
echoed back from the stated objectives of the Application Form in order to defraud the State.
In writing this I am hoping that your Agency will reevaluate this project, rescind the funding, and find a
better use of this valuable Grant money.
Thank you for consideration of this matter.