The Scarcity of Public Information

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

As might have been predicted, someone made a Public Records Act request on October 12th for information regarding soils and environmental testing on the abandoned Union Pacific right-of-way, purchased by the City of Fullerton in the 1990s.

Why is this request germane to FFFF? Because the blog has speculated about contamination along the UP right-of-way, in view of previously discovered toxicity that closed the UP Park and because it is known by the EPA, the Orange County Water District, and the City of Fullerton’s Engineering Department that the carcinogenic chemical trichloroethylene was discovered at 311 S. Highland Avenue, a heavy industrial property that lies along the proposed recreation trail on the UP right-of-way. It is also known that contamination is moving south and east from the aforementioned property.

Is it safe? Is it clean?

Needless to say, none of this information was given to the Fullerton City Council when they considered approving the State Natural Resources grant that would have paid for most of the trail construction.

Here is the request:

Well, that’s a pretty simple request. And, as you can see, the City claims that it has complied by issuing a “full release” of documents. Here’s what they released:

Enjoy yourself reviewing these documents on the City Clerk’s website page. It won’t take you long. Of the 6 files listed none has anything to do with soils or environmental testing. From this response, such as it is, we may reasonably infer that no testing was done, or if it was, the documentation is lost. In either case the proper response should have been “no relevant documents exist.” Instead City staff posted completely irrelevant and non-responsive documents onto their website. Was it just an effort to look responsive, somehow? Did they even care?

Don’t know, don’t care… (Photo by Julie Leopo/Voice of OC)

If we grant that the City’s functionaries are somewhat honest as they go about their business then we have no choice but to conclude that no soils or environmental testing have ever been preformed by the City or its agents along the right-of-way and that this has led to an egregious omission of information to a City Council being asked to spend $2,000,000 building a trail and no one knows how much securing and maintaining it.

Ground Zero for Inertia

My latest essay detailed the problem of corporate inertia and described how Fullerton’s government as a corporate body displays all the problems associated with stagnation, ossification and an inability do things any differently. And then of course, there’s the arrogance and secretiveness.

Here’s a prime example of a culture that is in need of electric shock therapy.

Last April I wrote a post about how the the City and property owner Mr. Mario Marovic had come to an agreement in the fall of 2022 about the latter’s removal of the infamous Florentine hijack of the sidewalk on Commonwealth Avenue. In return, Marovic got to open his two new saloons on the corner.

We now know what a foolish bargain it was for the City.

Marovic was supposed to start demolition the last week in March. That was five and a half months ago. As of mid-September this has not started, and there is no sign that it will ever start. Why not?

Cheers!

Some people may suspect that Mr. Marovic has cast his bread upon the City Council water, so to speak, either above or below the table. But there is also a more likely scenario: the City is simply continuing to cover up its own incompetence in the long, sad history of the sidewalk theft.

No, I wasn’t asleep. I was praying…

And at the center of this tale? City Attorney Dick Jones, who is the only player who has been involved in this mess from the proverbial Day One, and who continues, no doubt, to dispense his legal wisdom that has been so disastrous, and has included turning a blind eye to his own conflict of interest, and justifying forgery of an official City application.

There’s also a bigger picture.

The government of Fullerton has developed a noxious habit of ignoring its own rules and regulations in the downtown area; it has systematically ignored the scofflaws who own the bars, and in fact has coddled and pampered them. Both bureaucrats and elected have continued to portray downtown Fullerton as an achievement, a great success, a municipal asset, when in fact, the saloon culture has never been anything but an annual $1.5 million drain on the City’s budget.

Of course the pages of FFFF are full of stories that confirm the nature of the stasis that defines our city’s governance. What is the solution? That’s the theme of a future post.

Another Tough Trail Truth

During the recent Trail to Nowhere kerfuffle one of the big problems the limo liberals had was bending their brains around the possibility of a multi-modal facility that might improve circulation and offer development flexibility, particularly in light of the massive development the City staff is going to try to cram into the 30 acres adjacent to the UP right-of-way.

Bikes and traffic don’t mix, came the anguished cry of people like Egleth Nucci and Shana Charles who would have never ridden a bike, or even ambled a long the Trail to Nowhere, and ignoring a world full of urban examples where bicycles and cars get along just fine.

These same self-appointed “experts” seemed unconcerned that their beloved trail would have to negotiate intersections at both Highland and Richman Avenues.

To find and example of a space shared by trail and car lane, all these Option 1/trail-only people had to do was look across Highland to their much bragged about “Phase I.” Here’s a satellite image:

Please note that the Phase I portion accommodates both a roadway and a recreation trail! Land o’ Goshen! Is it really possible? Well, of course it is. The trails cult has already built, and often described this existing configuration between the closed UP Park and Highland Avenue as the inevitable prelude to Phase II; but now for some reason, a paved portion west of Highland is verboten.

Oh, well, one thing we can expect in Fullerton, and that is a complete lack of reason and intelligence when it comes to this sort of thing. It’s more important that the so-called professionals do what they want, and there will always be enough dopes in the City to go along and to even be a called a “community.” And then there are those politicians like Ahmad Zahra who decide to score cheap points patronizing their constituents by giving them “nice things” that aren’t nice at all.

Economic Development 101

In my last post I introduced the topic of Fullerton’s latest foray into “Economic Development” a term that really refers to the idea that a city can generate more sales tax revenue through its ministerial efforts so that it can hire more people and pay them more money.

This is the old California Redevelopment mantra that was used by cities across California for decades to hand out land, cash, and favors to chosen developers and retailers. Nowadays, there’s really only land to give away as we saw in Fullerton with the abysmal “Tracks at the Tracks” project that ironically handed away millions of dollars in potential up-front revenue that might have balanced our budget in 2025 all by itself.

I thought I would spend some time reviewing the Kosmont Companies report and watching our esteemed City Council’s review of said “Retail Market Strategy.” To say that I was underwhelmed would be an understatement.

The report is 90 pages long. 95% of it is data mined from some source which tells us nothing an ordinary person couldn’t fathom all by himself – like on-line shopping is a big problem – and which seems almost disconnected from the recommendations on pages 11-13.

I have to wonder about the source of all this tsunami of numbers and even their validity. One side-by-side pair of graphs was particularly dubious.

Huh?

Somehow triple net rents in Fullerton spiked, even as vacancies soared. Meanwhile in the broader areas of Orange County, including neighboring towns, vacancies somehow dropped during the worst of the Covid pandemic. And in Fullerton the graph shows, rents stabilized, even dipped in ’21-’22 even though demand apparently skyrocketed. I’m not an economist but this sure looks like pure nonsenso-data to me.

Anyway, the recommendations are just a boilerplate laundry list of ways to spend money, and a lot of it, to hopefully make money. I’m sure Kosmont uses them over and over again in every “study” they perform. Here they are. Enjoy:

What a load of consultant bullshit-jargon leading to the inevitable conclusion that Fullerton needs to hire more people in order to pay for the ones we already have. If we look at these recommendation we see the old Redevelopment lingo writ anew – collaborations, outreach, improvement districts, façade improvements, “thematic” sidewalks, way-finding, public art. Don’t forget enhanced customer service! And of course collecting data (probably through the kindly and expensive offices of Kosmont itself). But is there a single mention of a public accountability program by which the people of Fullerton and their elected representatives can determine if money blown on this nonsense even paid for itself? Nuh-uh.

And of course Kosmont’s “study” diplomatically avoided mentioning Downtown Fullerton’s million dollar budgetary sinkhole, supporting the myth that it is an asset instead of a decades-old liability. Maybe they think thematic sidewalks will clean up the clientele.

The Council’s reaction to this consulto-gibberish was utterly predictable. Ahmad Zahra, who must have peed himself in excitement over Action Item 12 was completely on board and vocally supported the need to increase “staffing levels” to accomplish this laundry list of pabulum. He believes that art tourism, and all of Fullerton’s museums can pave the way to success. His accomplice in stupidity, Shana Charles was all giddy, too, and pointed out the inescapable link between economic development and Fullerton’s “urban forest” whatever that may mean.

Silence is golden…

Bruce Whitaker mentioned that he was a follower of somebody named Jane Jacobs and supported organic economic development. A wise position, but one completely at odds with his recent approval of the idiotic City-driven apartment/hotel boondoggle that flushed millions and millions right down the municipal commode.

In the end nothing specific was decided and the Council moved on, no one having bothered to find out, presumably because they didn’t care, what this 90 page report cost the taxpayers of Fullerton.

A Massive Gift of Public Money

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.

Mother’s milk…

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.

Track the Tracks. They Said What?

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:

Aw, Hell, just give it to ’em.

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?

Let a smile be your umbrella…

My educated guess is they will do it cheerfully.

Track the Tracks. It’s all Based On a Con Job

The plan had problems…

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.

Yes. I could do that job.

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.

Old News Better Than No News

The trouble with being away so much last summer and fall was that I missed all sorts of Fullerton-related stuff. And one of those things was the separation of Tony Florentine from his Earthly cares.

Addio, Tony!

The Florentine paterfamilias, bar owner and restaurateur passed on to his reward back in July of 2022.

FFFF has been diligently following the activities of Tony and his offspring, Joe, in a series of posts going back well over ten years.

Good luck with that!

We documented how in 2012, Tony loudly inserted himself into the anti-Recall campaign as a staunch supporter of Fullerton’s incompetent Old Guard councilmembers Jones, Bankhead and McKinley, parroting the nonsense peddled by his old Rotary pal, Dick Ackerman. He had lots of good reasons for defending the boobs as they let him run illegal entertainment in his business establishment, and as he and his son did everything they could to dodge the City-ordained -and not enforced – conditions of approval for use permits.

Gone, but not quite forgotten…

But the history went farther back. In 2003 Tony got the City to look the other way as he purloined a public sidewalk and got away with it, creating a legal headache that still hasn’t gone away. The Florentines pulled out in 2020 and left the City as landlords of a building extension that the co-joined building owner didn’t own.

Years before that, if we can believe a former associate, in 1989 Tony took a torch to his business, The Melody Inn, that also destroyed one of the oldest buildings in Fullerton and began an embarrassing Redevelopment boondoggle.

Whether or not Tony once drove a copper spike into a street tree because it was blocking his sign is a matter of conjecture, but that’s the tale told by some old Fullertonions.

Joe Florentine was happy to follow in dad’s footsteps as he continued to dodge installing required fire sprinklers in the Tuscany Club and even went so far as forging an official City planning document granting himself use authority over the building he rented because he had a lease there. That fiasco cost us $25,000, not counting legal eagle Dick Jones’s time. The Florentines just seemed to think that laws and rules were nothing but inconveniences to avoid.

So belatedly FFFF says farewell to Mr. Florentine – who brought a little Jersey color to our drab town. In parting it has to be said that neither he or his kid are that important in and of themselves, but they symbolize a governmental culture of incompetence, and a willingness in City Hall to tolerate scofflaws that have become synonymous with Fullerton.

First At Bat; Swing and a Miss

I was perusing old drafts of posts and came across one that needed to be published. The issue itself is bad enough – the virtual surrender of useful public land to build a “boutique” hotel. The fact that the “developer” had no experience and no track record was bad enough; but the idea that any hotel patron would want to spend the night next to the train tracks or in the vicinity of the downtown Fullerton week-end train wreck was laughable. What was even worse was the dumb rationale our council used to keep this metastasizing idiocy alive.

Over several years the dream of our former lobbyist councilperson-for-sale, Jennifer Fitzgerald – a boutique hotel – refused to die, even after Fitzgerald finally bolted from Fullerton. It’s last iteration in December ’22 was approved by our typically befuddled city council.

I’ll take a bite at that apple…

Which brings me to the point of this post. In her first meeting as the councilperson representing District 3, Shana Charles voted on this embarrassment. She spent that opportunity to display the critical thinking one would expect of a PhD, but demonstrated just the opposite. Listen:

It’s real nice that Ms. Charles felt obliged to share her “thought process” with her constituents. But whatever that process was, the result was comical. The the good doctor believed that such a boutique hotel will support “County functions” and “event and community centers” in DTF, but she didn’t elaborate on what those events and centers are. Why not? Because there aren’t any, unless you think of the Fullerton Community Center across the street from City Hall to be the sort of place out-of-towners will be so keen to visit that they’ll book a room at the Shana Charles Hotel.

MEET DIRTY DOUG

FFFF has squirted some cyber-ink on the missus, so I thought we ought to start spending a bit of time with Pilferin’ Paulette’s hubby, the egregious Doug “Bud” Chaffee.”

If the snout fits, wear it…

This piece was recently sent out by Chaffee’s OC Board of Supervisor challenger, Sunny Park of Buena Park.

The swine were offended by the comparison…

The reference here is to an early foray of the Chaffee Crime Family into “affordable” housing, the subsidized sort that always costs so much more than the regular kind. Of course this was thirty years ago and Chaffee has a much longer list of grifts large and small, including selling out the advocates of preserving the West Coyote Hills, creating phony districts in Fullerton, supporting overbuilt prison, I mean apartment blocks with inadequate parking, and of course spending all his time failing to reform the Fullerton Police Department.

On the Board of Supervisors Chaffee has distinguished himself by hiding COVID information from the public, overseeing the public humiliation and politicization of the Health Care Agency, and being a lackey for the misfeasance of his fellow board member, Andrew Do. And the funniest thing of all is that he, as Chairman of the Commission to End Homelessness, had to confess to reporters that he didn’t know what the Commission does.

Putting politician’s faces on animals has always struck me as desperate and sort of silly, persuasion-wise. But Sunny is running against an incumbent (and recumbent) Democrat and needs to syphon enough votes to 1) at least come in second; and, 2) keep Bud from reaching the magic 50%+1 number thereby forcing a runoff in November. Will this help?