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.

A Disaster in The Making

Yes, I am more qualified…

There are all sorts of names for boobs and knuckleheads that keep making the same sorts of mistakes over and over again. Boob and knucklehead just sprang to mind first.

And so there are many descriptive terms for the collective known as the City of Fullerton, an entity that just can’t seem to help itself avoid the avoidable.

Quick, get clear of the impending collapse…

Exhibit A for the prosecution: the idiotic “boutique” hotel at the Transportation Center, brainchild of the corrupt and fortunately departed Councilcreature-for-hire, Jennifer Fitzgerald.

FFFF has followed the 5 years-long trajectory of this nonsense as it has metastasized into a giant tail-wagging-the-dog embarrassment that leaves a sensible person almost speechless. As the remote plausibility of a hotel brought forward, unsolicited, by an unfunded “developer,” Westpark, became obvious to even the densest observer, a new consortium including TA Partners proposed another prison block apartment attached to the hotel.

In use, apparently…

In December 2022 there was still no concrete plan, just promises of this and that. But time was running out for people in City Hall who are addicted to this deal. See, it involved the disposal of public property that had been developed as parking for Metrolink riders; this meant declaring it “surplus” despite its obvious utility, and starting in 2023 the State of California was requiring surplus land be offered up to the low-income housing cartel. What to do?

Get rid of the property ASAP was the City’s solution, before the end of 2022 – even though there was no final plan or entitlements in place. There was no approved site plan and project density details to hold to the sale – either by the City or by the “developer.” The development agreement protected the City’s interest in the property – up to a point, but created an entanglement of interests during and after escrow and incrementally pulled the City into a potential morass of unintended consequences.

Oops.

If I knew what I was talking about this wouldn’t be Fullerton!

So the sales agreement and the deeding of the City property was approved before the end of the year. Fred Jung and Nick Dunlap wisely opposed this fiasco, but were in the minority. FFFF just posted the story of Shana Charles’s dumbass rationale for approving, and of course Ahmad Zahra was all for this because he probably believed he could squeeze some cash out of TA Partner’s Johnny Lu along the way. The third vote? It came from none other than Bruce Whitaker, who seems mostly just confused, and even less inclined to show diligent energy that ever.

I swear to pay attention from now on, but I could be wrong…

All along, Whitaker seems to have bought into the nonsense that this property was legitimately surplus, despite its obvious utility to the people of Fullerton. Not wanting subsidized housing, he was willing to go along with the stupid hotel concept; but even he should have balked when the mess ran of the highchair and spilled on the floor. But he didn’t, doubling down on his own incompetence and in the end getting what he didn’t want in the first place.

So the sale went though, followed in the next few months by land use discretionary review and approval instead of all this happening at the same time which is the way it should have happened. Any problematic results of this mismatch may become apparent soon.

The finalized proposal came before the Fullerton Planning Commission last week. I’ll be describing that in the next post.

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.

The Crazy Tale of JP23 Urban Kitchen

Why crazy? Well it’s not really crazy at all if you’re “Jacob” Poozhikala, the scofflaw proprietor of the notorious downtown gin joint at Harbor and Commonwealth.

JP23 is just the sort of place that the creators of DTF’s nightlife economy didn’t envision and yet have done nothing to stop.

Mr. JP (left) gets a good guy award from some Supervisor Shawn Nelson drone.

Mr. JP has been in violation of conditions placed on his permits seemingly forever, and the City government just can’t seem to screw up the courage to tell Mr. JP to go screw himself once and for all. The list of violations over the years reminds me of a lurid passage in a Dickens novel – occupancy violations crowding, cover charges, illegal occupation of substandard spaces, illegal site use (shipping containers!), etc. Even the minor requirements laid upon Mr. JP, such as exterior lighting have just been ignored.

Friends may also remember JP 23 from the incidents involving a woman who claimed she was drugged in JP23 and raped in the nearby City-owned parking structure. When protesters pestered JP23, Mr. JP’s immediate response was to sue the woman for slander and libel. He was even accused of assaulting protesters.

Without delving into the details of that awful story I will only say that the patrons of the place probably don’t exercise the greatest judgment in the first place.

Ima hit that…
Student nite at At JP23…

So what’s the latest?

Last week the City Council received an update on the status of this enterprise. Apparently, Mr. JP says he has been planning to sell his business to an eager young nephew, a gambit that has gained even more time for Poozhikala to evade making the remedial requirements demanded by the City. The alleged nephew-sale was supposed to happen last November, but still hasn’t been consummated. There are still the outstanding deficiencies to be rectified, and then there is the looming problem of the all-important new entertainment permit that has to be approved.

“You have remedies”

Our old pal, handjob lawyer Gregory Palmer stood up to bring the Council a status update on the whole affair. It was like watching an old jalopy lumber down the street. It was painful to watch this cut-rate pettifogger trying not to say things that were spelled out in the staff report, the funniest of which was:

It was very clear to all of us in the room with Mr. Pathiyil that he was nothing more than a “straw man” put up by Jacob Poozhikala to avoid his responsibility, and that Mr.Pathiyil was not a bona fide purchaser.”

In their communications, Mr. JP has declared to the City that apart from “training” his young protégé on the intricacies and mysteries of saloon owning, he will have no interest in the ongoing business. The City staff report laconically informs us that:

The purchase price for all of the business equipment, inventory and packaging; books, records and files, trademarks and trade names, as well as goodwill, was zero dollars ($0.00).

However, for some unstated reason, Mr. JP intends to remain the principle tenant of the building and supposedly collect rent from his nephew.

I’m not voting yes and you can’t make me…

Mayor Jung correctly observed the unlikelihood of Poozhikala letting go of the reins. It does seem pretty likely, as the staff report warned, that The Pooz is using his nephew to act as a decoy so a new business can be established with a new entertainment permit, unsullied by the business’s long history of bad behavior.

Finally, the report was received and filed, the issue of the permits still in the works.

And so the saga of JP23 sags along. And aren’t law-abiding citizens, taxpayers, and the owners of legitimate businesses indeed justified in calling this never-ending pas-de-deux with Mr. JP what it is? It’s crazy.

Um, We still Want Our Sidewalk Back!

Trouble ahead…

Last fall, in a deal with property owner Mario Marovic, our esteemed City Council agreed to let him open his two new bars on the northeast corner of Commonwealth and Harbor if he would demolish the infamous Florentine Mob “pop-out” that took away half the sidewalk.

No, I wasn’t asleep. I was praying…

There’s no need to rehash the embarrassment of how the pop-out happened back in 2003 or how our City Attorney looked the other way for 20 years even as he personally bought and sold property in the immediate vicinity. These stories have been described in great detail elsewhere here on FFFF.

This time around, the remedy for the Humiliation That Wont Die was given a deadline; in the words of the agreement: Demolition/Construction shall commence no later than March 27, 2023 and be completed no
later than July 2023.

Cheers, Mario!

Obviously, this date came and went three weeks ago with no overt evidence of compliance. Unforeseen delays are accounted for in the agreement, but were there any? Who knows? Is anybody in City Hall even remotely curious? Again, who knows?

Cynical folks have been speculating that the demolition of the addition and reconstruction of the City sidewalk under it will simply not occur; after all, Mr. Marovic’s businesses are open and our feckless council is not composed of people who have the stomach for making people do things that they are legally required to do. This is Fullerton, after all. Some of the original restore-the-sidewalk contingent are dead or have gone batty. And Mr. Marovic is not the sort of chap who will forgo wining and dining councilmembers he needs to make this problem to just go away for another 20 years.

Another possibility is another legal struggle, a tussle in which our distinguished City Attorney will continue to give expensive appallingly bad advice at the expense of the taxpayers.

There is always a chance that Marovic will stick to the agreement, but what the odds are of that happening remain unknown.

The Shana Charles Experience

Wants healthy communities…

An alert Friend recently advised me to visit the web pages of the Fullerton Observer. There, according to this person, I could find an “open letter” written by our new councilwoman Shana Charles and addressed to Mayor Fred Jung.

Apparently Ms. Charles stood up and hauled herself out of the State of the City speech given by Jung and subsequently felt the need to share her reasons with the public. Maybe she thought nobody saw her leave, or cared.

Now going to the Fullerton Observer is not a task I undertake very willingly, but I was interested to see what sort of silly drama was taking place. Here’s a link to the aforementioned open letter.

Looking down from above…

The missive explains that she walked out of the lunch in protest of some sort of verbal mistreatment of Councilman Ahmad Zahra and follows with a recitation of all the wonderful things Zahra has done for District 5’s “underserved” folk, yadda, yadda, yadda, and reminds her readers that his brand is the only LGBTQ Muslim, and he deserves respect!

I get the vibe that that the whole stunt was pre-planned and that the dress rehearsal was probably staged in Zahra’s living room.

In any case, the preachy petulance shown by this woman is telling. She admonishes Jung to rise above his personal “vendetta,” obviously uninterested in publicly exploring her assertion and “urges” Jung to apologize to the poor, injured Zahra. “If you wish to continue as Mayor” she sternly intones, Jung must put aside his own interest, an ironic admonition given the ceaseless self-promotion performed by Zahra.

That’s not very good, is it?

I don’t why or how Ms. Charles got her schnoz all bent out of shape, or if she was even really offended at all; and it really doesn’t matter. The fact is that those who have followed the self-serving “public service” of the serial prevaricator Zahra know what sort of creature he is and will find it hard to imagine that he is even capable of being offended.

The Green Machine

Looks like somebody is delving into the relationship between Fullerton City Councilman Ahmad Zahra and the Southern California dope lobby.

Here’s a Public Records Act request made recently at City Hall passed along to FFFF, because, well, we’re interested in this sort of thing.

It’s interesting to see the names Zahra, Spiker, Rafiei and Thakur strung together. Ken Spiker and Associates is a government lobbyist who is interested in profiting from the legal weed game; and, of course we’ve all heard of Melahat Rafiei, the highly placed Democrat who was recently ensnared by the FBI in a bribery scandal in Irvine. It looks like somebody wants to know if one of Rafiei’s greasy tentacles extended into Fullerton’s politics, including ethics-free Fullerton School Board member Aaruni Thakur, who unsuccessfully ran for City Council with a fake address in 2020.

Melahat in better days. (Image shamelessly harvested without permission from Voice of OC)

Folks in a lot of Orange County towns are starting to wonder if Rafiei’s influence peddling in the marijuana dispensary game has been going on in their cities.

Apparently someone in Fullerton is wondering about that, too.

Former Fullerton Councilman Doc Jones Dead

Yes, apparently, former Fullerton City Councilman, Dr. F. Richard “Dick” Jones has gone to his reward. He was 90, or thereabouts.

I am ambivalent about his passing. His record as a public representative was appallingly bad. And yet, doggone it, I miss him. Every other Tuesday we could look forward to some crazy and limitlessly entertaining outburst.

Indeed, it would be remiss of this blog not to acknowledge Mr. Jones and his place in Fullerton lore. This is especially true since it was Jones whose re-election campaign in 2008 was the impetus that created this very blog. Many people in Fullerton believed that 12 years of Jones was more than enough, and FFFF was created as a response to his record on the City Council dais.

Jones was re-elected, of course, and a good thing, too – for over the subsequent years and months the blog was able to treat Fullertonions to wonderful examples his special wit and wisdom. It’s true that the first 12 years of Dick’s political career went largely underappreciated, and included a lot of bad stuff – his support of retroactive pensions spikes, the illegal water tax and the constant shilling for dumbass Redevelopment were largely forgotten – but the FFFF spotlight of the next 4 made up for it.

Between 2008 and 2012 – when Jones was finally and justly recalled from office – he gave us a wealth of comedic material that displayed the various facets of the man: vindictive bully, philistine, loudmouth, hypocrite, bloviator supreme and ignoramus – all delivered with an especially thick, southern-fried coating. Jeez, we traversed the years together sharing fun Jonesian vignettes.

Who can forget him lamenting the monster he created in Downtown Fullerton, the “New West” even as he continued to feed it? His fixation on babies in bathwater became the stuff of legends. He introduced new names for the patrons of DTF – Drunken Others and Last Week’s Felons, even as he saddled the taxpayers of Fullerton with the bill to clean up the mess he admitted creating.

Sit down and grab some sidewalk, brother…

His sideways reference to the sidewalk stealing Florentine Mob came out as an encomium to the Italian “roots” mafia that ran his hometown of Galveston “very well,” to the chagrin of the Feds who couldn’t figure out how to traverse that consarned two-mile long bridge.

Let’s not forget the night Jones took umbrage that an award-winning architect had come to town to propose good, modern residential architecture. Nuh uh! Mr. Arkyteck? He might like Salvador Dali, but none of that fizzjickle would be in Jonesy’s living room and none of these pointy-headed modern buildings would be in “his” city, brayed the Good Doctor.

When it came to legalized marijuana – as approved by the people of California, Dr. Jones would have none of it. He was out to “right a wrong,” goldarnit! And somebody gotta stop little kids from eatin’ manure, too! And he introduced us to the wonders of heroin products and oxytoxin!

Dick was open-minded in his abomination of the different and novel, and tattoo parlors and piercing shops fell under his censorious gaze. “Pins and needles and daggers,” he asserted were a health menace to the town, and dagnabit, he remembered the old days when third degree “syphilitic” sailors infested Galveston’s lively red light district.

When the sore subject of Fullerton’s illegal water tax rates again floated to the surface, Jones was right there to draw baffling comparison with Hitler’s reoccupying the the Rhineland in 1936. Nobody knew what in tarnation he was going on about, but all the toadies in City Hall nodded, sagely.

We shared the time that Jones got even with former Congressman Bill Dannemeyer, displaying a petulance appropriate for a five-year old. That diatribe flowered into one of his trade-mark mangles – a nation called Kharakhastan, giving birth the a blog post and even a Wikipedia page dedicated to the imaginary country.

But finally, in 2011, the mismanagement of Fullerton began to catch up to those who were responsible. When a mentally sick homeless man was horrifically murdered by Fullerton cops, Jones had no way of wrapping his personality around the realities. His lack of accountability was matched only by his lack of empathy in the aftermath of the Kelly Thomas killing. His natural instinct to defend Authority and join the clown show inside the circled wagons came to the fore as he nailed his colors to the Fullerton Police Department mast.

Well, why belabor this? In June 2012 Dr. F. Richard “Dick” Jones was recalled from office, along with his pals Don Bankhead and Pat McKinley. The recall election wasn’t even close.

I don’t know what Mr. Jones has been doing with himself the past 11 years, but I doubt if it included a lot of self-reflection. Dick just wasn’t built that way.