The Culture of Corruption Archives - Friends For Fullerton's Future

November 6, 2023November 6, 2023Ahmad Zahra

The Scarcity of Public Information, Part 2

A few weeks ago I published a post detailing how someone had requested on October 12th, through a Public Records Act Request, information on environmental testing along the abandoned Union Pacific right-of-way; and how the City on October 23, in response, replied with six document files they called a “full release” and that had nothing to do with any sort of testing at all.

Well, they’ve done it again.

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

Also on October 12th, the same person made a related request, specifically asking for a Phase 1 environmental report of the right-of-way. A Phase 1 environmental report surveys a property and its neighbors for historical usage in an attempt to identify potential environmental issues. On October 28th the City responded with the identical unresponsive documents as before, apparently digging a deeper hole for itself.

Whether this is sheer incompetence or just bullheaded arrogance, or a lot of both, remains to be seen.

As before, the proper response is not to share completely irrelevant and non-responsive documents, but, rather to simply state that there are no responsive documents.

The blue square ain’t good. Welcome to Trichlorethylene Alley. Please keep moving…

Why the City refuses to obey the law suggests several things. First, as mentioned above, stupid incompetence and/or arrogance. Or maybe somebody down there thinks they can stonewall a possible, even likely truth – that there never was any environmental testing done along the right-of-way, a path that lies adjacent and likely right on top of toxic contamination and on which the City tried to build a recreation trail for $2,000,000.

November 5, 2023November 5, 2023Ahmad Zahra

The Strange Tale of Johnny Lu’s Grant Deeds

by The Fullerton Harpoon8 Comments

By now Fullerton City Hall is aware that their partner in a boutique hotel/apartment high-rise on Santa Fe Avenue, TA Westpark LLC, is in trouble. TA Westpark Fullerton., AKA Johnny Lu has defaulted on a massive loan, previously borrowed to complete projects in Irvine.

The fallout from this embarrassment remains unknown, although there are plenty of questions that need to be answered, and sooner rather than later.

One of the questions involves the transfer of the public property ownership at the site to TA Westpark Fullerton, LLC before proper project approval, a desperate, and of course, totally unnecessary act. And the actual documents supporting ownership of the land in question need to be examined, too.

On December 22, 2022 the City sold the land at a huge discount to Lu. Check out the grant deed:

By now Craig Hostert, whose brain-child the boutique hotel was, is scratched out and TA Westpark Fullerton, LLC, a Delaware corporation, is the proud owner of the land and the transfer is signed by a “managing partner” of a whole other entity – “TA Partners.” Looks like Hosteret was bought out or walked away, abandoning his baby.

But, as they say in the infomercial, wait, there’s more. A quick check of the State of Delaware’s corporations roster doesn’t turn up any results for TA Westpark Fullerton, LLC. Hmm.

And here’s something else. A few months later a new grant deed was promulgated and recorded at the County of Orange. Here, the hard to find Delaware corporation deeds the land in question over to TA Westpark Fullerton, LLC, a California corporation.

Something is odd here, and it’s not just the amateur hour handwritten changes on the original deed. Did the City sell this property to a non-existent corporate entity? If so, hasn’t some sort of fraud occurred? Why the shell game here, and could the original deed be considered invalid in retrospect?

We could ask these question of Dick Jones of the “I Can’t Believe It’s a Law Firm” law firm, because I doubt the City Council will make inquiries of their ace lawyer. Getting an honest answer from ol’ marble mouth? A rare and precious jewel.

Some might think this entire fiasco is going to get worse before it gets better. I’m not sure how that’s possible.

October 29, 2023October 31, 2023Ahmad Zahra

Misuse of the City Seal

by The Fullerton Shadow50 Comments

A Friend directed me to a item in the Fullerton Observer about how Mayor Fred Jung had misused the official City seal on business cards.

UPDATE: 6:45PM 10/31/23. To protect them from getting nasty calls from any mean spirited person out there, the phone numbers of these honest men who are trying to help Fullerton’s economic growth have been redacted. The cards were originally published in The Fullerton Observer. I’m curious where the Observer got the cards from to begin with., something tells me it was devious. Two wrongs don’t make a right. Hope The Observer follows suit, but don’t hold your breath. Admin.

There’s nothing odd or wrong about members of City commissions using official insignia and I bet it happens all the time. What is strange is the creation of non-existent jobs advertised on two of the cards we’re looking at here. There is no official thing as a Mayor’s Art Counsel (sic?) or a Mayor’s Economic Advisor. These endeavors would be purely unofficial and creating business cards for them is wrong. And there is no reason to include a résumé on the backside of anybody’s City-related card.

One of the reasons I’m posting this is because a few days ago FFFF published a blog post about the self-congratulatory and unsolicited statement sent out by Councilmembers Ahmad Zahra and Shana Charles about the situation in Gaza on City letterhead that includes the City seal, and that was published in the Fullerton Observer without objection. In the comments section one of our Friends questioned the dubious use of the City seal.

The self-righteous Kennedy clan that operates the Fullerton Observer is too dense to recognize their own hypocrisy here, but I’m not.

The misuse of the seal is happening, and it needs to be stopped, regardless of who is doing it.

September 15, 2023September 15, 2023Behind Closed Doors

Ground Zero for Inertia

by Mr. Peabody18 Comments

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?

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.

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.

September 12, 2023September 13, 2023A Step in the Right Direction

The Culture War

by Mr. Peabody30 Comments

They were large and slow with a mean streak.

You know, we hear a lot about the “brain drain” a situation in which some corporate entity or other suffers from an exodus of its senior managers, generals, archbishops, or whatever titles fit the type of organization.

The same thing pertains to government corporate bodies, too: when department heads head for the hills we hear of the loss of senior talent and expertise that bodes ill for whatever the agency’s mission might be. Lamentations are cried about the loss of “institutional memory” a sad situation in which the accumulated wisdom of the agency is undermined, sapped, or otherwise depleted.

But is this a bad thing?

Let’s reflect on the very nature of corporate behavior. Sure, the mission remains: enrich the shareholders, protect the nation, pass on spiritual uplift, fix the potholes in the road. But of course there’s more. The corporate mindset leads to gigantism, arrogance, defensiveness, self-righteousness and above all avoidance of outside scrutiny.

In effect, the mission of corporations becomes encrusted with the dead weight of the various pathologies that they engender. The consequence is not accumulated wisdom, but rather a culture of ossification that is static, slow, non-responsive and self-satisfied. They lose flexibility, agility and effectiveness.

If we consider Fullerton’s history over the past 30 years it becomes fairly evident that the culture of our government demonstrates the symptoms of ossification. The same types of issues are dealt with in the same kinds of way: bureaucrats display the same kinds of attitudes and behaviors; our elected representatives are replaced and yet never seem to change in their understanding of their jobs. The emphasis in City Hall is as much directed toward self-preservation of the status quo as of taking care of municipal problems; avoiding accountability is more important than fixing the streets. Avoiding loss of control and scrutiny by the public have been, and are the key goals, it seems, of the people we elect and the people we pay to work for us. And protecting the corporate culture is always of paramount importance.

The pages of FFFF are replete with examples over the past 30 years that will amply support my thesis. In my next post I’m going to share one of these examples: a problem that was created by the City over 20 years ago, and which lingers today.

August 18, 2023August 18, 2023Bad Cops

Bang Bang, You’re Dead

by Joe Sipowicz13 Comments

Mostly predictable banality and stupidity mark events in Fullerton political opinion, but every now and then something unexpected happens. In this case an opinion piece in the Fullerton Observer that takes the police department to task for its hyperventilation rap-riddled recruiting video that begins with loud, dramatic music accompanying a fake chase scene through downtown Fullerton that ends with a canine grabbing hold of the bad guy. The author complains (rightly) that the video obviously sends the wrong message to potential recruits who may be more interested in violent video games than in community policing.

Now juxtapose this video (especially the dog part) with the recent news out of the City Council closed session that announced a $8,600,000 settlement with the family of Hector Hernandez, who was shot a few years ago by Jonathan Ferrell of the FPD for defending himself against one of their attack dogs.

To all appearances it looked a lot like a gang.

For years FFFF has been letting folks know that the Fullerton Police Department never reformed itself in the wake of the Chief “Patdown” Pat McKinley’s reign of error that culminated in the murder of Kelly Thomas. New Chief Mike Sellers took a vacation during the Kelly Thomas protests and bugged out on a stress leave and (tax free) disability retirement. The next Chief, Danny “Gallahad” Hughes – who was neck-deep in the Thomas killing cover-up – said we were misinformed, even as his boys gave drunk-driving City Manager Joe Felz a ride home, warm milk and a cookie. His successor, David Hendricks was arrested in Irvine for assaulting a paramedic and had to hit the road.

Cop coverup artist, drug warrior, IT wizard, this talented cat can do it all…

The current occupant of the Chief job, Bob Dunn, was the former spokesman for the Anaheim PD during the spate of cop shootings that incited riots. He’s the guy responsible for the recruiting video and its awful message to prospective, young Fullerton coplets. Dunn, too will be leaving soon after a short tenure – just like his immediate predecessors. Hopefully the new Chief will be more inclined to de-emphasize confrontation and escalation, armored vehicles and SWAT deployment as policing strategies.

July 8, 2023July 8, 2023Ahmad Zahra

The Mantra of Economic Development

by Joe Sipowicz15 Comments

A Friend just forwarded an article in the Yellowing Fullerton Observer about the City’s latest foray into something called economic development – an effort to create more tax revenue, somewhere, somehow, sometime. The good folk in City Hall are alarmed at the looming budget deficit they forecast in the next few years. And they know full well that another attempt at a sales tax like the ill-fated Measure S promoted by Ahmad Zahra and Jesus Quirk-Silva would be a shaky proposition.

According to the Observer the City hired an entity called Kosmont Companies to assay Fullerton’s future and determine where tax generating opportunities may lay. At the June 20th meeting of the City Council a report by Kosmont was submitted for general perusal.

I note that Kosmont Companies is an operation whose sole raison d’etre these days is to work for Redevelopment Successor agencies and municipalities trying to gin up revenue to support the bureaucratic establishment. According to the staff report Kosmont was employed by “the City” in February 2023; since no agenda report exists for this contract, it must have been executed out of the public eye by our esteemed City Manager, Eric Levitt. I’ll address the report itself and the Council’s reaction in another post.

I often wonder why anybody thinks local government have any business promoting these types of endeavors. Government employees know little about business operations, nothing about the concept enterprise; they know defined benefit pensions, their union agreements and petty, make-work bureaucratic stuff. These same chuckleheads just up-zoned and entitled a massive apartment project on land they sold to the developer for 10% of its new value. As far as the unknown amount paid to the “consultant” I wonder if even that expense will be recouped by their own work product.

Just as bad, the economic development concept is created and run, for and by, the same people who stand to benefit from it – it it were to even work at all. And of course there is never any accountability for public resources expended in the pursuit of this talisman.

May 15, 2023May 17, 2023Ahmad Zahra

A Massive Gift of Public Money

by Mr. Peabody12 Comments

In December, as the Friends will remember, the City of Fullerton sold a public parking lot to a so-called developer for $1,400,000. The “developer” had the task of building a boutique hotel and an apartment block. FFFF has already documented the ridiculous density the City has bestowed upon the project. So let’s revisit the topic of land value, a calculation based on the number of residential units a developer can cram onto a parcel of land.

Look, it even has the café the bureaucrats demanded!

In this case we know precisely how many units are proposed because the development agreement tells us. There are going to be 141 apartment units and 118 hotel rooms – rooms that will undoubtedly be converted to low income housing when the hotel concept fails. Dividing 259 units by $1.4 million gives us $5400 per “door” as they say in the biz.

Does that number seem low? I didn’t really know, so I contacted some pros at Land Advisors who informed me that a more typical number is in the range of $60,000 to $65,000 per unit in these parts, which produces a land value of about $15.5 million and above.

So the “economic development” geniuses in City Hall got the City Council to agree to a massive reduction in value for the sale of the land, a reduction that could be in the neighborhood of $14,000,000.

Now we all know that government and its agents shield themselves (or try very hard to) from accountability for this type of incredible giveaway. It’s not a crime to be stupid, and so there the issue of legal malfeasance can be fuzzy without proof of corruption. But here there is the issue of misfeasance that in this case justifies the initiation of a recall of the elected representatives who voted for this evident gift of public funds.

And those three representatives are Ahmad Zahra, Shana Charles and Bruce Whitaker.

Now, undoubtedly, these three politicos would argue that they had great reasons for “subsidizing” this boondoggle, and that those excellent reasons are well-worth the $14,000,000 they happily pitched at the developer, an individual, we must remember, who brought this unsolicited proposal to the City. But the City, remember, never did its due diligence by opening up this concept (or any other) for a submission of qualifications by those who might have been interested. No. Not even after several years had gone by and the proposer had been granted several extensions of a Exclusive Negotiating Agreement and the proposal kept metastasizing.

Are a “boutique” hotel at the train tracks and yet another overbearing apartment block so important that they justify the $14,000,000 giveaway? Well, I would challenge Charles, Whitaker and Zahra to prove it to voters in their districts.

April 23, 2023April 24, 2023Downtown Fullerton

First At Bat; Swing and a Miss

by The Fullerton Shadow12 Comments

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.

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.

November 11, 2022November 11, 2022Bad Cops

The Song of Roland

by Mr. Peabody12 Comments

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

To Whom it may concern:

Hi,

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

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

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

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

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

My only doing wrong was crossing his path.

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

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

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

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

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

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

Pls help if you can.

Thanks,

Rolando