Friends For Fullerton's Future
FFFF supports causes that promote intelligent, responsible and accountable government in Fullerton and Orange County
Bruce Whitaker is signatory of the Great Fullerton Recall of 1994. He was elected to the Fullerton City Council in 2010.
This week FFFF and local hero Joshua Ferguson do battle in a courtroom with the defenders of incompetence and opacity – the City of Fullerton, represented by in incomparably stupid and corrupt law firm Jones and Mayer. The Voice of OC outlines the details here, so I’ll let it go at that, other than to remark on the sad state of affairs when a citizen is sued by his own government in retribution for what they did.
Our esteemed City Council appointed lobbyist-councilcreature Jennifer Fitzgerald to be the new mayor a couple weeks ago. Supposedly it’s her turn again. How and why Jan Flory was appointed Mayor Pro Tem is anybody’s guess, especially since Bruce Whitaker and Ahmad Zahra have been on the council longer without appointment – supposedly the criterion for getting the job.
Zahra and Jesus Silva Quirk are no doubt angling to grab the mayor titlee when they run for re-election in 2022. They aren’t too bright, but they’re smart enough to count in four-year increments.
But the nasty machinations of our talent-free council are not the point of this post, merely a rolling introduction. What I really want to share is the completely self-serving and fraudulent mayoral bio Ms. Fitzgerald has placed on the City’s website, the first two paragraphs of which I reproduce here:
Mayor Jennifer Fitzgerald was elected to the Fullerton City Council in November 2012 and served as Mayor Pro Tem in 2014/2015 and Mayor in 2015/2016. In her first three years in office, Mayor Fitzgerald played a key role in several significant accomplishments, including a $3.5 million retroactive refund of water rate overcharges, public safety reform, a substantive increase in funding to repair the city’s aging roads and water infrastructure, and adoption of new transparency measures for public employee labor negotiations.
Mayor Fitzgerald represents the City of Fullerton on the Board of Directors for the Association of California Cities-Orange County Chapter and she is a Member of the Board of Directors for the Orange County Taxpayers Association. She is a former Metropolitan Water District Director, Past President of the North Orange County Chamber (formerly Fullerton Chamber of Commerce) and past Member of the Board of Directors for the Fullerton Historic Theater Foundation. Previously, she served the City of Fullerton on its Planning Commission and General Plan Advisory Committee.
It’s pretty bad that Fitzgerald is trying to take credit for the water refund she fought tooth and nail to minimize. It’s worse that she is trying to get gullible folks to think she has done anything about police reform , when in reality she has been an ardent defender of cover-ups for eight years – including hush-up settlements and even being implicated in hiding the drunk hit-and-run perpetrated by her buddy Joe “Wild Ride” Felz. The unkindest cut of all may be her bragging about “increased funding” for street and water infrastructure that she and her comrades let sink into a deplorable mess – the worst in Orange County.
At least this go ’round she omits her oft-repeated lie that she has balanced budgets, but her re-election campaign material will no doubt rectify the omission. I’ll be checking into that.
And finally I direct your attention to paragraph two, wherein the tone deaf Fitzgerald blithely recaps all the public money laundering agencies she has consorted with, peddling her wares as a lobbyist for one of the greasiest operators in OC – Curt Pringle.
Some poor dopes think that history repeats itself, and yet there are times when it’s hard to argue the point, as when the City Deciders of Fullerton wade out into the same quicksand again and again and again.
I’m referring to the tedious habit of entering into lame exclusive agreements for stupid projects involving public property – which are then renewed and extended year after dismal year. We’ve seen this sorry practice with the massively moronic massive Amerige Court/Commons/Whatever mess; and again with the Transportation Center Master development fiasco, both of which were kept on life support for years and years by a city staff and city council who just couldn’t admit a bad idea had somehow festered forth from City Hall.
The latest in the string is the unsolicited proposal for a “boutique” hotel in the train station parking lot, an idea so stupid that only our city council could embrace it. FFFF has posted about it twice.
First we noted that some sort of pressure or promise was made to Weakest Link Jesus Quirk Silva to get him to change his vote and approve an exclusive negotiating agreement with some guy calling himself Park West Contractors and Westpark Investors. That was a year ago.
And then a few weeks ago FFFF shared the story of local union goons popping up at some dog and pony show to promote the project.
Anyway, the year term of exclusivity given to Mr. Parkwest Westpark has come and gone and so naturally the City has decided to give him another year, rather than to actually put the property on the market for alternative ideas. The November 19 vote was 4-1 with Bruce Whitaker opposing. We also learned that Ms. Jan Flory, true to form, strongly backs this concept, which is pretty ironic, given her past support of time extensions to the “developer” given the exclusive right to negotiate on the Transportation Center cock-up, a plan whose key component is the site of the proposed boutique hotel.
Word has seeped out from the once hermetically sealed walls of City Hall that we may not have Richard “Dick” Jones, Esq. to kick around much longer. It would seem, if the rumors are true, that Good Ol’ Dick has had enough of screwing the taxpayers of Fullerton with his pettifogging, self-serving legal advice and is “retiring” with all of his ill-gotten spoils.
Well, possibly not all his spoils, because he must believe his “I Can’t Believe Its A Law Firm” will have some residual value after Mudslide oozes off.
Now I don’t know about you, Friends, but a collection of lawyers that includes Kimberly Barlow and Gregory Roosevelt Palmer doesn’t seem like it could be worth very much to me; but Jones is supposedly pitching the continued services of his collection of miscreants, so he must plan on keeping his name on the letterhead and probably receiving revenue thereby.
Will our city councilcreatures keep this gang on retainer? After the abysmal performance of Jones in the pas it’s hard to imagine anybody wanting them around, at all. Of course this is the same gaggle that has kept Jones, et al., on the clock for over twenty years – and that’s a lot of bungling and cover-ups.
Fighting your own incompetent and belligerent government can be distracting. And so rather than be distracted, I’ve been playing catch-up with some more of the doings of our idiocracy since the City’s legal lizards tried to stomp on our 1st Amendment rights.
Back on October 1, our esteemed council took on the business of people camping out in their cars. Naturally, the problem needed to be institutionalized, and institutionalized it was – by giving the Illumination Foundation a contract up to $100,000 to run a site-specific car and RV park. FFFF correspondent T-REX covered the story, here.
With their usual political courage, the council directed that their City Manager, Ken Domer, could decide the location and thereby let a bureaucrat insulate them from the repercussions of their own decision.
Now that location is known – the alley and public parking between the historic Western marketing Building and the Elephant Packing House, a building on the National Register of Historic Places.
Well, fine, say I. This site is directly adjacent to the crown jewel of Fullerton’s Failures, the so-called Union Pacific Park, or, as it is charmingly referred to by neighbors, The Poison Park. it seems right and proper that the City deposit one failure next to another, which is already situated across Harbor Boulevard from one of Fullerton’s first Redevelopment boondoggles, the Allen Hotel eyesore.
And stay tuned for episode 4, in which the Poison Park returns to the agenda, and the Fullerton City Council steps on its own weenie again.
When a government sues its own citizens you have the spectacle of a taxpayer having to pay for for his defense and pay for the legal attack upon him. And what a sad, Kafkaesque sight it is.
Another disgusting passion play is when governments use your money to try to propagandize you for their scheme to take more of your money.
And so very recently the Fullerton City Manager Ken Domer paid to survey the local gentry about the state of the city.
Dear Resident: The City of Fullerton has hired an independent public opinion research company to conduct a public opinion survey to obtain feedback on key issues facing the City and identify residents’ priorities.
Thank you for participating in this important research. Please click here to take the survey or copy and paste the link below into your web browser.
https://opinions-survey.com/index.php/survey/index/sid/242328/newtest/Y/lang/en/token/3065BT818751
Your participation and responses to this survey will be completely confidential. The identity of individual respondents and their individual answers to survey questions will not be shared with City staff or officials.
Please do not forward the survey link to others or share it to social media as it is personalized for each recipient of this invitation to ensure that the survey link will only work once.
Sincerely,
Kenneth A. Domer
City Manager
City of Fullerton
It’s a good thing the City has so much money to play with.
Lo and Behold! The survey is nothing other than:
My advice is to ignore the survey except for amusement purposes and remember that we will have school district bond proposals on the ballot in 2020 as the insatiable maws of local government takes ever more and returns ever less.
Things just keep on moving in the legal battles between us and Fullerton.
Yesterday the Hon. Judge Lee ruled that our two cases, Joshua Ferguson v. Fullerton and Fullerton v. FFFF, Joshua Ferguson, et al are related in response to our request for such a ruling.
As such we will no longer be gracing Judge Lee’s courtroom in Department C31 on 27 February 2019.
Currently we have a Status Conference regarding the City suing us on 12 Dec & a Case Management Conference on my Writ of Mandate case on 16 Dec in front of the Hon. Judge James Crandall in Department C33.
For context we argued, and the city opposed, the point that these two cases are related owing to them involving the same parties and general facts:
“[T]he two actions are based on similar claims, arise from the same transactions and events, and require the determination of substantially identical questions of law and fact. The CPRA lawsuit alleges that the City has improperly withheld records it claims are confidential or exempt from disclosure. The City’s lawsuit claims that in the process of responding to Defendants’ CPRA requests, it placed confidential or exempt information on its website, www.cityoffullerton.com/outbox. In both cases, the City has the burden to show that the documents are confidential.”
We’re of the opinion that the city’s case against myself and this blog is retaliatory owing to the fact that the city waited months to file their case and only did so AFTER I filed my Public Records lawsuit.
The city claims they waited to “secure their network” which is utter nonsense considering their own experts, in their own declaration, stated that the city needed approximately 30 days for the company Glass Box to fix their network (not Dropbox) vulnerability. Yet the city sent their original Cease & Desist email on 14 June, their letter to our attorney Kelly Aviles on 17 July and then they waited an additional 99 days to file their lawsuit against us on 24 Oct.
That’s a lot more than the 30 days recommended by Glass Box and sure is convenient timing. It’s even more convenient that the City had to vote “again” on 19 November “in an effort to clarify any Brown Act violations” when they refused to report out about their alleged vote back in September that Whitaker denies even took place.
I will be very surprised it the city does not attempt to appeal this decision to link the cases.
As you Friends can imagine the FFFF industrial complex has been engaged, mano a mano, with the yapping legal beagles employed by the City.
But now I take a break from the marblemouthed drone of Dick Jones’s lies to catch up our Dear Readers with other events of the past few months. If you supposed that the spotlight of media attention on its legal mischief has caused Fullerton politicians and bureaucrats to call a pause to its idiotic endeavors, boy, would you be wrong.
In October, the proposed dee-veloper of a “boutique” hotel on a parking lot next to the Santa Fe Depot gave a show for us rubes.
You may recall this dubious project – Doug “Bud” Chaffee’s parting gift to us: approval of an exclusive negotiating agreement based on the developer’s unsolicited proposal for a hotel on what is now a parking lot. Nobody had ever heard of this bold impresario before, but no matter. Jennifer Fitzgerald has always wanted one of these “boutique” hotels, even though it was never in the Transportation Center Specific Plan she kept foisting on us all those years.
In case you don’t remember, I bring your attention to the record of our dimwitted and unintelligible mayor, Jesus Quirk Silva, who changed his vote from the previous meeting to make this absurdity move along. He even made up fake “experts” who supposedly changed his mind.
Anyhow, it seems this newly minted “hotelier” thinks downtown Fullerton is “dilapidated” and needs his special kind of remedy – a boutique hotel for all those fancy swells who haunt DTF’s exclusive nightclubs and other highfalutin venues. The pictures, however, suggest a six story stucco box with some brick veneer stuck on the front to satisfy the locals sensibilities.
And at this meeting a strange apparition appeared: a bunch of carpenter union goons in jobsite safety vests. Presumably their presence was meant to impress upon the assembled citizenry how necessary such city-supported boondoggles are to their well-being. It’s become common for this in Anaheim, but this is ridiculous. It wasn’t even a public hearing where such theatrics might persuade the more feeble-minded decision maker.
Apparently, word has not yet got out from City hall about whether this harebrained scheme is going to be subsidized with free or discounted land, but I’d be willing to bet on that. After all, this City is not for sale. If you’re connected with the city council you just step up and take what you want.
We’ve made it onto the Voice of OC again. The newest story [HERE] revolves around a fundamental problem with government secrecy – you never know who’s telling the truth after something nefarious happens.
According to City Attorney The Other Dick Jones™, the City Council voted in closed session back on 17 September to sue us for allegedly clicking links.
Council Member Bruce Whitaker, mind you, claims that no such vote happened back in September.
Only one of them can be telling the truth and with history as our guide we know where to place our bets.
To bolster their claims of a vote in September the City “cured” their illegal Brown Act violation two weeks ago on 05 November by allegedly re-voting to sue us 4-1 (Whitaker dissenting). But did they ever actually vote back in September or is that just a ruse being cooked up to make their case against us look less retaliatory?
It seems Fullerton has a new problem. According to Councilmember Bruce Whitaker, the City Attorney lied when he publicly proclaimed last Tuesday that the City Council voted 5-0 in September to initiate legal action against Joshua Ferguson, David Curlee, FFFF, and a bunch of Does to be named later.
Here’s how it is described by the Voice of OC’s Spencer Custudio:
Meanwhile, there are questions in Fullerton about how the City Council first authorized the lawsuit against Ferguson.
At the Nov. 5 meeting, City Attorney Dick Jones said the councilmembers voted unanimously to file the lawsuit against Ferguson and the blog.
“In an effort to clarify any Brown Act violations, the fact that City Council on Sept. 17, 2019, met on a motion made by Mayor (Jesus) Silva and seconded Mr. (Ahmad) Zahra, on a 5-0 vote, the City Council approved the filing of a writ to seek a temporary restraining order against the main defendants,” Jones said.
But, that unanimous vote is wrong, according to Councilman Bruce Whitaker
“When they say I voted to approve this lawsuit, I say that’s not true,” Whitaker said.
In fact, Whitaker was the only dissenting vote when the Council majority doubled-down on the lawsuit during the Nov. 5 closed session portion of the meeting.
Somebody is lying, and if I had to guess it is our City Attorney Richard “Dick” Jones. At this point I’m now wondering if a vote took place at all back on September 17th. It would be just like Jones to try to create a September “vote” to cover his wide expanding ass, when no real vote even happened.
Still, for somebody who claims he was maligned in public by his own lawyer, Bruce Whitaker was pretty damn passive when Jones made his comment about a unanimous vote. So who’s telling the truth? Who knows? But I bet it isn’t Dick Jones, who is neck-deep in the lawsuit his own incompetence caused, and by which he is actually profiting.