The Cost of The Florentine Sidewalk Scam

Gone, but not quite forgotten…

Of course everybody is now familiar with how, in 2003, the Florentine Mob successfully put a permanent building on an area that only had an “outside dining” encroachment agreement. The details of the case reveal an incompetence and misfeasance on the part of city staff that is truly mind-numbing, the principle party being F. Paul Dudley, Planning Director, who “approved” the illegal permanent structure as it was being built in June, 2003. He also  seems to have personally approved a loan to the Florentine crew, and rental terms on the space that weren’t approved by the City Council.

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

Of course it wouldn’t be Fullerton unless our legal-eagle Dick Jones also played a part in the fiasco, and in the inevitable cover-up. He actually put his signature on a completely different agreement in August, 2003 – two months after Dudley did his sleazy back-room deal. How’s that for staggering incompetence?

The gun was smoking badly…

Note that “for some reason” the agreement was not formally executed until August. For some reason? Jesus H., Jones, did you even bother to ask why you signed something that was obsolete, or why in Hell you were signing it?

So the embarrassing enclosure was allowed to continue in July, 2003 even though the furor continued for months, and the deal was finally buried in 2004 whereby the parties involved, Shawn Nelson, Don Bankhead, Dick Jones, Mike Clesceri and Leland Wilson surely hoped it was forever interred.

Well, now it’s 2020. The legal party responsible to remove and restore the encroachment area has fled the scene, and the embarrassment of the Florentine addition that squats on public property, remains.

The owner of the rest of the building, Mr. Mario Marivic is apparently embroiled in a legal fight with the FloMob, and good luck to him. But good luck to us, too. Because we, the citizens of Fullerton, have an unowned room addition on our right-of-way, and the people on the hook for its possible removal are gone. Mr. Marovic is under no obligation to remove the structure, and he is not even under any obligation to pay the measly 25 cents per foot that the egregious F. Paul Dudley “negotiated” with the Florentines. The City’s options are limited: it can terminate the encroachment and pay to remove the building addition itself, or it can negotiate a new lease agreement with Marovic, and the sidewalk stays as is. Either way, the public loses.

So this Ghost of Incompetence Past continues to haunt us almost 20 years after the con was consummated. Mr. Dudley has been six-figure pensioned, and the inept councilmen who were indifferent to the notion of government accountability are dead or moved on. But Attorney Dick Jones is still around, profiting off of the gullibility, incompetence and militant ignorance of our “leaders.”

Suffering The Stolen Sidewalk Saga

Gone, but not quite forgotten…

Two months ago I reminded the Friends that the never-ending story of the stolen Commonwealth public sidewalk was alive and well. The provocation was a closed session agenda item listed as “significant exposure to litigation” between the City of Fullerton and Mr. Mario Marovic, the owner of the building at the northeast corner of Harbor and Commonwealth. Marovic had submitted some sort of claim against the good folk of Fullerton, often an aggressive gambit to stall and temporize.

Meet the new proprietor, same as the old proprietor…

A quick rehash of the facts: Marovic took over the space from the decamped Florentine crime family and immediately gained access to the “bump out” on the sidewalk; and he then began remodeling it along with the rest of the first floor space for his new bars. He had no authority to do so because, of course, the City acquired responsibility to dispose of the building add-on after the Florentine’s bugged out on their lease with the City. In his application for CUPs for the new bars Marovic even included the City owned space as his own.

In the late summer of 2022 Marovic was well-along with his remodel even though his CUP hadn’t been approved, but the issue of the egregious bump out resurfaced, thanks to FFFF. In September, 2022 the City and Marovic reached an agreement that was signed by Eric Leavitt, our esteemed City Manager, and not the Mayor at the time, Fred Jung.

The terms of the agreement were simple enough, and FFFF has shared them before. The thrust of the deal was that Marovic could open his new bars (including the bump out) and he would then undertake to remove the bump out and restore the public sidewalk. Here is the actual clause describing terms and deadlines of the deal:

As you can see, demolition was to have begun at the end of March, 2023 – almost ten months ago – and be the rework complete by July, 2023 – five months ago. Marovic opened his businesses, alright, but never started demolition, and probably didn’t meet any of the other deadlines, either.

A little late, Kimberly…

So when is an agreement not an agreement? Apparently, when it’s written and approved as to form and content by Kimberly Hall Barlow, the obnoxious member of Dick Joneses “I Can’t Believe It’s A Law Firm” crew.

I almost know what I’m doing…

It’s interesting to note that Barlow didn’t approve the six month old agreement until March, 2023 – 4 days before demolition was to supposed to have started.

Of course Dick Jones and his fine stable of attorneys have been bungling the case of the stolen sidewalk from the very beginning, including personal conflict of interest, embracing ludicrous legal rationale at the behest of the Florentines, and even countenancing forgery on an official City document by Joe Florentine.

Still, one has to wonder what our elected officials themselves have done about this. Clearly the unwillingness of the City to enforce a legal agreement, signed by Marovic stems from fear of legal action. But Marovic is undeniably in breach of the contract he voluntarily signed, even though there is zero evidence that it was signed in good faith.

The City can and should begin the process of revoking Marovic’s CUP, the permit that has allowed him to make a lot of money over the last 10 months while failing to live up to his side of the bargain. As owner of the bump out the City has every right, at least, to revoke the CUP that covers its own property, as gotten fraudulently.

The City can also notify Marovic that it intends to remove the building addition itself, since he won’t do it, and bill the scofflaw for the cost.

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

Of course neither of these remedies will take place, because this is Fullerton, where the elected officials are feckless and beholden to the Downtown Liquor Cartel; and because they insist on, decade after decade, following the dismal advice of Dick Jones.

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.

WE WANT OUR SIDEWALK BACK!

In Fullerton City Hall, nothing is forgotten quite so quickly as the past, particularly if that past includes malfeasance, misfeasance, incompetence or prevarication.

That’s why FFFF has made it our mission to remind folks about such egregious rip-offs as the Saga of the Florentine Sidewalk, in which a sleazy restaurant put a room addition on a public sidewalk and got away with it.

Here’s the now relevant part: The disgraced Florentine & Co. quit Fullerton last year, and the building’s owner, Mario Marovic is in the process of remodeling the exterior and interior of the building even though he doesn’t yet have the proposed CUP – so he must be pretty confident he’s going to get it. The matter comes to the Planning Commission tonight.

The staff report, as usual, is full of irrelevant crap, and completely ignores the the theft of the sidewalk, a land grab that was eventually made legal by a revised lease – with Florentine. The report also shares Marovic’s plan for the corner space at Harbor and Commonwealth, keeping the permanent structure built by Florentine!

The theft continues…

Now that’s not very good, is it.

I doubt if anybody on the Planning Commission remembers the sordid history of this building, and you can be sure that no one on staff remembers or cares to remind them. But now is the time to get this sidewalk back!

The Florentine Mob Pulls Out

Sit down and grab some sidewalk, brother…

It’s taken well over thirty years, but apparently the Family of Tony Florentine is calling quits in downtown Fullerton. Normally, such an occasion would be cause for gratitude, reflection, fond memories, etc., etc., ect.

But not in this case.

The reason nobody is indulging in kind reminiscence is simple. Over the years the family has been in on, and accused of some very shady stuff. Forget about shitty food and consider the following fun events, documented right here on the pages of FFFF, even if ignored by City staff, the Fullerton Police Department and the Fullerton Fire Department.

  1. Tony (NOT Joe) Florentine accused by former employee of torching his own business – The Melody Inn – back in the late 1980s.
  2. Tony Florentine magically converts an outside dining permit into a permanent structure built across a public sidewalk in the early 2000s.
  3. Tony’s bright kid, Joe, illegally converts the family restaurant into an illegal night club in the mid 2000s.
  4. In 2012 Papa Tony files phoney FPPC complaint against Tony Bushala in an effort to help his Gang of Three avoid recall. Complaint denied.
  5. After gaining a CUP to operate as a club, Joe Florentine never installs the fire sprinkler system required of the CUP.
  6. Seeking approval of yet another CUP in 2019-2020 even though the terms of the previous CUP had never been met,  Joe Florentine forged and had notarized an application that by-passed the building owner, thus placing the City in legal jeopardy.
  7. Last spring the Florentines decided they were entitled to remove on-street parking in order to help themselves.

It’s hard to say what other misdeeds and actual crimes have been committed by the Florentines, over the years. Stories abound. But what we know gives us plenty of reason not to consider their departure with any sort of remorse.

And the very continuation of the bad behavior gives us plenty of reason to ruminate on the political climate that permitted the ongoing flagrance and fraud. Decision makers in City Hall have been running interference for, enabling, and diligently looking the other way through this little reign of terror. Does anybody care? The old City Councils never did. Will the new one?

Florentine Mob At it Again

The family goes way back

What is it about the Florentine Family and public right-of-way. We are all familiar with the theft of a public sidewalk back in 2003. Now the clan seems to think they are entitled to remove public parking in order to accommodate the people unlucky enough to order take-out.

First the sidewalk, now the parking. What’s next?

Sure, it’s more convenient to expropriate the on-street parking, but there’s plenty of room in the back parking lot for the comings and goings of their customers. Oh well. We can chalk it up to more self-entitled behavior from the folks who refuse to adhere to the City Code, and who forged a City document to try to push through an illegal CUP.

An even better question is who at City hall is responsible for this nonsense?

Florentine Mob Steps in Pile of Own Excrement. Again.

Sit down and grab some sidewalk, brother…

According to Voice of OC, our old pals the Florentines, pere et fil, are at it again.

The family goes way back

This clan of scofflaws has a long history of violating Fullerton’s municipal code so it should be no surprise to learn about their most recent hi-jinks.

Apart from rumors of arson and arboricide, FFFF readers have been treated to the Florentine saga of scandalous sidewalk theft, illegal dance floors, and operating in violation of the requirements of a conditional use permit.

The latest offense, which came to light at yesterday’s Planning Commission meeting is an application for a Conditional Use Permit (CUP) amendment that was not authorized by the property owner, a guy named Mario Marovic. The Fullerton Municipal Code explicitly requires property owner authorization for a CUP. Instead, the actual application form was digitally modified to show that the Florentines themselves could now authorize the amendment.  The person who signed the form, Joe Florentine, the junior member of the gang, claims he has no idea how the form got altered.

 

Ken Domer
Domer. Just following orders…

Once something starts giving off a bad odor it’s pretty certain that it’s only going to get worse. Many questions need to be answered, pretty damn quick: Why did the planning department process an application they must have known violated the law? Why did our crack City Attorney Dick Jones decide to accept the strange legal reasoning of Florentine’s lawyer? Did the City Manager, Ken Domer, direct the Planing Director to ignore the law? If Domer did, was it on orders from Mayor Jennifer Fitzgerald, who has been running interference for scofflaw bar owner in downtown Fullerton for eight years of mayhem?

So many question.

 

Sidewalk Hijackers Support The Dinosaurs

Caution - ethical behavior narrows ahead...

And why not? Life is good when you can get away with grabbing a public sidewalk and build a building on it. “Are you crazy, Joe?” I can hear you saying. No. FFFF shared the story, here.

The sidewalk grabber was Mr. Anthony Florentine, proprietor of the Tuscany Club. Here he is chipping in to save the Three Dithering Diplosaurs:

And the guy that let Florentine get away with the heist was none other than former Fullerton Development Services Director F. Paul Dudley, whose incompetent tenure caused harm to Fullerton that will probably never be fixed. A member of Fullerton’s $100,000 pension club, Dudley makes extra cash lobbying his former employers on behalf of developers. So he’s working to keep the Old Boys in office, too:

Of course Dudley had help in brushing off the sidewalk scam, and then papering it over. And he had help in the persons of Don Bankhead and “Dick” Jones, previously beneficiaries of Florentine’s campaign largess.

What nice people.

Florentine Floats To Surface of Bowl

Jersey is closer than you think...

Here’s a damn funny letter sent into the Fullerton Observer by clever wordsmith Anthony “Big Tony” Florentine,  a local “family friendly” bar owner and notorious rules-dodger. He has hundreds of thousands of reasons to support his corrupt pals on the City Council since they turned a blind eye to his illegal night club operation and then actually subsidized a fire sprinkler main so he could keep liquoring up the cast of Doc HeeHaw’s Wild West Show.

You may also recall how Big Tony even managed to swipe a public sidewalk with the help of his pals on the city council – probably the most blatant swindle in the history of Fullerton.

Florentine has been giving the Three Dyspeptic Dinosaurs campaign contributions for years and years, so these profitable quid pro quos shouldn’t be a surprise to anybody. But it sure makes it hard to believe this cut rate Tony Soprano’s sincerity when he says anybody else on the planet is “full of shit.”

The best part of his letter is how this cheap bastard bamboozles The Observer into giving him a free ad for his place of business. Anyway, here is Florentine’s letter:

I was at Smart & Final several weeks ago where Tony Bushala was sitting at a card table soliciting signatures for the recall. I greeted him, shook his hand, and told him I thought he was full of s**t, and that what he was doing to our City was BS.

I offered that his only interest in this tragedy is to get control of the City Council so he can foist development projects that may be of questionable value. Whereupon he lost it and went berserk, which he is wont to do when one disagrees with him.

My expletives were not meant to insult him (I’m sure that would be hard to do), I used language I knew he could understand and that described his condition and the content of his actions.

There was no one outside Joe Florentine’s restaurant soliciting signatures, and no one who came outside and spit on anyone. If that had been the case why wouldn’t they have called the Fullerton P.D., identified the person and had them arrested for assault?

The whole story is another Bushala-inspired fabrication meant to discredit someone he doesn’t like.

By the way Florentines’ has a delicious new value added menu with large portions and a family friendly atmosphere. Try it. You’ll like it.

Anthony J. “Tony” Florentine
Fullerton

Yo, T!

The Mysterious Case of the Disappearing Downtown Sidewalk

If You Turn Sideways You Can Just Squeeze By
Warning: Sidewalk Narrows Ahead!

The twisted narrative of how the Florentine Family’s “Tuscany Club” managed to expropriate a public sidewalk is yet another tale of woe showing how badly our elected officals and their alleged professionals have manged to screw up Downtown Fullerton.

Back in 2003 the Florentines made an agreement with the Redevelopment Agency and City for an “outdoor dining” lease on the Commonwealth Avenue sidewalk at the intersection with Harbor Boulevard (forget for a moment that any outdoor patrons there would have to spend their time looking at the architectural monstrosity across the street).

Now, outdoor dining to you or me would suggest an open air space surrounded with a moveable fence or rope, and with furniture that could be picked up and taken inside. Well, that’s not what it meant to the Florentines who started construction of a foundation and a masonry wall in the public right-of-way! Sure, there were outcries of anger and dismay among the community over this blatant grab of public property, but these seemed to fall on deaf ears and the construction kept going until in the end the whole thing was completely enclosed. A private room addition right there on the public sidewalk!

Many months passed by, but the issue refused to die quietly. Finally, a big hearing was held, ostensibly to explain the situation to an outraged group of citizens. Mr. Florentine proclaimed his innocence – a victim of circumstance! The Director of Development Services, an obviously affronted F. Paul Dudley, stood  up to say how he had been in control the whole time, had done nothing wrong; and that if he had to do it all over again he would do the same thing!

The only problem with this near-tearful oration was that Dudley had no authority to let any one put a building on public property. Only the Agency and Council could do that – after a public hearing. So the building was an encroachment into the public’s right-of-way, and the offending structure should have been immediately removed. Naturally the Fullerton City Council went along with the sham. After all, nobody really expects accountability or responsibility in Fullerton, right?

First You Stake Out Your Turf
First You Stake Out Your Turf. If You Wait Long Enough They May Give It To You!

Sometime later the terms of the lease of were officially (and very quietly) modified, effectively whitewashing the whole sorry mess; but not before some valuable lessons were learned by careful observers about how things work in Fullerton.