Bruce Whitaker Archives - Page 14 of 27 - Friends For Fullerton's Future

March 19, 2021March 19, 2021Ahmad Zahra

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 4

Sometimes it’s hard to tell if government bureaucracies do the things they do because of incompetence, venality, or favoritism. In the never-ending story of Fullerton’s noise regulation all three seem to be uniquely intertwined.

What is inescapable is that the City of Fullerton has striven mightily to separate the issue of nuisance noise emanating from downtown outdoor areas from both enforcement and illegality.

SlidebarMotto — A few thou here and there worked wonders…

In 2011 the ridiculous Transportation Center Specific Plan finally made it legal to propagate amplified outdoor music, thus making Jeremey Popoff’s Slidebar appear honest, although he still didn’t have a legal Conditional Use Permit. But the new regulations for noise had no more effect than Popoff’s missing CUP because the City – cops and code enforcement – refused to enforce the regulations.

What to do? Hmm. What about throwing the issue into a miasma of bureaucratic paper shuffling so that nobody would notice what you were doing, and downtown scofflaws could actually be absolved, de jure as well as de facto?

In August, 2014 the City tried this pitch with the idea that the Noise ordinance would be updated along with great swaths of the existing land use law to make thing, you know, easier to figure out. But downtown noise played a prominent part in the discussion, if not really in the staff report. The council approved noise studies as a mechanism, a cynic might say, to avoid cracking down on Popoff, Jack Franklin’s Roscoe’s, and their ilk, because that is exactly what happened.

I’m not going to do my job and you can’t make me…

2015 rolled around and the Community Development “professionals,” led by newly minted Director Karen Haluza, were again yakking it up about revising the Code. Well, these things take time, you know, and in the late summer of 2016 the City Council finally got around to passing Ordinance 3232, a revised Code, still, with intent of instilling commonsense and clarity. The definition of amplified music was scratched out pending future action.

But whatever the motivation, the ever-shifting sands of sound gave the bureaucrats, aided and abetted by the perpetual dishonesty of City Attorney Dick Jones, the pretext they needed to bat away complaints about the illegal noise – because the issues was under study and consideration!

The vicious circle took yet another revolution in June of 2018 when the Council was persuaded by yet another new planning director, Ted White, to pass a Resolution of Intent to once again revise the land use codes in the interests of commonsense and clarity. Of course the Noise Ordinance and downtown noise was actually a key driver in this conversation, too. Mr. White took it upon himself to introduce a new downtown noise map where any outdoor sound would be permitted; but, the standards – 70 decibels outside and 65 decibels inside – were not to be applied to the source, but to the sensitive receptor, and the burden of proof was clearly laid at the feet of the victim, not the perpetrator of the nuisance. The bureaucracy seemed oblivious to the Armageddon of Noise they were trying to create or the sensibilities of residents adjacent to the riot zone.

The Planning Commission was finally scheduled to review the latest iteration of musical chairs in November, 2018; but the discussion was mysteriously continued for three months until February, 2019 by which time two opponents of amplified music, Nick Dunlap and Ryan Cantor had been removed from the Commission. A coincidence? Who knows? Stay tuned…

March 17, 2021Ahmad Zahra

We’re All In This Together, Right?

by Mr. Peabody11 Comments

Dunlap-Jung — Can these two help bring some accountability to Fullerton?

Or so we are led to believe. But our public employees come first, of course.

At last night’s council meeting the discussion rolled around to what to do with $34,000.000 that will be coming Fullerton’s way courtesy of the federal governments latest orgy of largesse. Fred Jung opened the discussion with an emphasis that the City’s massive infrastructure debt be addressed. That sentiment was echoed by Councilman Dunlap and Mayor Whitaker.

Then the predictable began.

Zahra OC Register Battery

Ahmad Zahra cautioned that there might be restrictions on the money of which we are unaware and not to “count our eggs.” Of course this is code for: protect our employees.

The train of thought was weak but it sure was short…

At the 5 hour and 20 minute mark, Jesus Silva raised the topic of making our employees whole for their wonderful pay reduction sacrifices during the pandemic; City Manager Domer, reminded the council that the various bargaining units had taken pay cuts with the understanding that they would be reimbursed when new revenue was discovered (Measure S passage, no doubt, or failing that more fed bailout).

https://fullerton.granicus.com/player/clip/1265?view_id=2&redirect=true

And that’s where the discussion wandered off into bureaucratic miasma with nothing resolved and no policy established. Once again the proverbial can was kicked down the road for another day.

Yet one thing is crystal clear. A public that has suffered itself tremendously over the past year, financially, psychologically, and personally is very likely to be on the hook to recompense public employees whose incomes, jobs, health insurance, and overall well-being was guaranteed (by us) throughout.

And that’s just the way it is.

March 15, 2021March 15, 2021Ahmad Zahra

Fix The Streets Damn It!

by Mr. Peabody13 Comments

20. AMERICAN RESCUE PLAN ACT UPDATE
On March 11, 2021, President Biden signed the American Rescue Plan Act which
programs over $1.9 trillion in relief funding related to the COVID-19 pandemic.
Councilmember Jung requested, with concurrence from Mayor Whitaker, to hold an initial
discussion of local funding opportunities.
Recommendation:
Provide direction as appropriate

On tomorrow night’s council agenda we see that Item #20 is a discussion about what to do with the Democrat’s Federal relief dough, estimated to be in the neighborhood of $35,000,000. That’s a nice neighborhood, especially if you’re a stumblebum city manager like Ken Domer who is hanging on to quarter mil per year job by the skin of his teeth.

This pile o’ cash is undoubtedly already attracted the attention of the Hero unions who will be clamoring for equity, parity, and any other ity they can think up. And of course Domer has been complaining about his poor, overworked skeleton staff crew, too, so there’s that.

Measure S Covid Lie

I know that the bureaucrats will be applying pressure to use the money for payroll and pensions. How do we know this? Because that’s what they were pushing hard with the late and not lamented Measure S tax. We can be sure that staff will be doing the usual song and dance about what the Biden Bucks can and cannot be spent on.

Well, here’s what I say: $35,000,000 will pay for a whole lot of paving and a whole lot of sidewalk.

It’s painfully obvious that Councilpersons Zahra and Silva will do whatever they’re told by the City Manager. Fortunately, Councilmen Dunlap and Jung know who they work for. And it isn’t the public employee unions. That leaves Mayor Bruce Whitaker who actually helped Jung get this item on the agenda for public discussion.

March 14, 2021About Us

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 3

by Disillusioned Ex-Hippy5 Comments

Okay. What have we learned so far about Fullerton’s long and corrupt attempt to avoid addressing the problem of amplified outdoor music?

First we have learned that Fullerton’s “experts” in the Planning and Code Enforcement divisions have been serially uninterested in enforcing their own laws in an effort to appease and placate scofflaw bars in the financial sinkhole known as downtown Fullerton.

Second we have learned that you can’t make government bureaucrats do their jobs if they don’t want to do them.

Way back in 2009 City Hall knew it had a problem on its hands as the metastasizing and illegal clubs began sharing their good times with everybody else. A “consultant” called Bon Terra was engaged to to a noise study and the City Council, at the time, voted to maintain the existing code that prohibited outdoor music.

But saying something and doing something about it reflects a mammoth void in Fullerton, and the bureaucrats in City Hall don’t give up on an issue until one way or another, they get what they want.

And in 2012 they got a friend, Jennifer Fitzgerald, who was more than happy to run interference for people who had no qualms about violating the noise and land-use law.

And so, over the next seven years, the Noise Nuisance continued, most notably at The Slidebar, a club that was illegally operating without a CUP. And even as the nuisance continued, the City embarked on a campaign to eliminate any restrictions at all. Complaints were invariably batted away by Planning Directors Karen Haluza, Ted White, and Matt Foulkes who, along with our egregious City Attorney, Dick Jones kept citing studies and new plans, and whatever else they could use as a pretext for doing nothing.

Matt Foulkes. The downward spiral is complete.

Finally by 2019, it became apparent that the goal was to permit an acoustic free-for-all in downtown Fullerton.

March 8, 2021March 8, 2021About Us

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 2

by Disillusioned Ex-Hippy10 Comments

In the past 10 years or so, Fullerton has had four different planning directors: Al Zelinka, Karen Haluza, Ted White, and most recently an individual named Matt Foulkes. Pop quiz: what else do these folks have in common?

Haluza. The closer you looked, the worse it got.

Time’s up. Answer: none of them enforced the city’s noise ordinances, and each seemed to be dedicated to ignoring zoning and land use regulations in downtown Fullerton. We’ll get to the “why” of it in a later post. For now I want to point out the trajectory of this mess. As scofflaws like Jeremy Popoff’s odious Slidebar and the Florentine Mob’s various enterprises refused to comply with our laws, the Planning Directors noted above began an ongoing project to lower and lower the legal bar until even the lowest nematode could wriggle over it.

Ted White didn’t leave his fingerprints…he thinks…

Now if we contemplate this downward spiral of our “experts” in the Planning Department and Code Enforcement we notice that it hit a virtual rock bottom in January 2019 when Matt Foulkes pretended that he didn’t know what a property owner was and approved the submission of an official document forged by Joe Florentine pretending that he, Florentine, was an “owner.”

Of course all of this malfeasance was amply documented here on the FFFF blog. And guess what? Nobody in City Hall cared; or to be more precise, nobody cares, still. See, in Fullerton incompetency and blatant corruption are so common on the part of our City Attorney, Dick Jones and the cadre of drunk, venal and just plain dumb City Managers and staff that our threshold for outrage is as low is almost worn away.

But not quite. Stay tuned for noise. And by noise I mean the noise generated by city staff to ignore, dilute, obfuscate and dodge the Noise Ordinances.

March 5, 2021March 5, 2021About Us

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 1

by Disillusioned Ex-Hippy9 Comments

Flory in search of the proverbial yard arm.

FFFF has published lots of posts about the way in which our highly paid “experts” in City Hall have made it their business to run interference for the numerous scofflaw bar and “club” owners downtown when it comes to ignoring annoyances like Conditions of Approval and the municipal code’s Noise Ordinance.

In City Hall, doing the right thing just wasn’t gonna happen…

Both topics have been addressed in the same way: if they can, they simply ignore the situation. The blind eye approach has worked most of time. When it hasn’t, Step 2 is invoked. Step 2 is to diligently pursue making the laws laxer, so lax in fact, that the lawbreaking is no longer lawbreaking. This bureaucratic gambit is really nice because the Planning Department Staff can always claim that something is in the works that will address the situation. Of course that’s a lie. What’s really happening is that the department is trying really hard to come up with a legal absolution so low even the lowest douchebag can slither over it.

At every step of the way, the scofflaws – Jeremy Popoff of Slidebar fame and the Florentine Mob spring most readily to mind – lubricate the gears of Fullerton’s small town political machine who have seemed ever-ready to support the law breaking.

While we here at FFFF have extensively covered the abuse of CUPs and other land use issues, the history of the ongoing issue of nuisance noise traces a perfect trajectory of incompetence or casual corruption, or most likely, of both.

The story spans three city managers, four planning directors and a whole slew of elected ciphers who would rather defend purveyors of nuisance over the right of their constituents to quiet enjoyment of their property.

January 20, 2021A Step in the Right Direction

Whitaker Re-elected to OC Water Board

by Mr. Peabody15 Comments

Last night the City Council voted to appoint Bruce Whitaker To the OC Water District Board of Directors. The term of the previous incumbent, Ahmad Zahra had expired at the end of 2020.

The vote was 3-1-1, with Whitaker, Jung and Dunlap voting for Whitaker; Zahra nominated and voted for himself; Jesus Silva decided that discretion was the better part of valor, and abstained.

It was not for lack of trying to keep this paying gig that Zahra relinquished his job. No, Indeed, for a line of scripted commenters tried valiantly to praise Zahra to the Heavens, why, Good God! The man practically invented water!

The funniest commenter was none other than Fullerton’s Mistress of Disaster, Jan Flory, who joined in to share in the hosannas for Zahra. She read her script okay, but it included her statement that Zahra had actually authored articles about water,,,for the Fullerton Observer.

Whitaker was clearly the better choice. The water board has jurisdiction over the aquafer on which we sit. The district has massive financial reserves paid by us in ad valorem taxes. And in the past decade the OCWD has been at the center of a massive rip-off called Poseidon, a desalinization scam meant to provide more water to OC county for the purposes of south county development.

Unlike Zahra, Whitaker will not posture on the board for publicity and to be able to pretend some imagined expertise. He won’t use the agency to promote his own agenda and his own political prospects. And Whitaker is not currently charged with crimes by his own police department; nor is he under threat of recall by his district constituents.

January 5, 2021January 5, 2021Ahmad Zahra

The Cost of The Florentine Sidewalk Scam

by The Fullerton Harpoon17 Comments

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.

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?

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.”

January 4, 2021January 4, 2021A Step in the Right Direction

Florentine Forgery/Fraud Case To Go to DA?

by Mr. Peabody12 Comments

By now the Friends are well-aware of the attempt by Joe Florentine, the scofflaw proprietor of a restaurant and bar in downtown Fullerton, to fraudulently alter and submit official documents in pursuit of a Conditional Use Permit.

He even admitted it.

Reliable sources have indicated that a criminal investigation has been opened by the Fullerton Police Department based on a complaint filed by the property owner, Mario Marovic, and passed along to the District Attorney’s office.

Now the felonious miscreance of a Fullerton Florentine family member is about as newsworthy as a mailman bitten by a dog – no surprise there. Rather, the key facts of interest in this case are that Mr. Florentine had lots of help inside City Hall, including the Planning Director, the City Manager, and of course our top-notch City Attorney, Dick Jones, who finally had to recuse himself from dispensing laughable advice due to a conflict of interest.

Apparently, City Manager Ken Domer knew exactly what was happening and was determined to proceed with the fraud anyway.

It’s hard not to believe that some fall out from this conspiracy will land in the proximity of new Councilmembers Fred Jung and Nick Dunlap, who will certainly be averse to the radioactivity. The City Manager is already on the thinnest of ice after blowing $130,000 on a marginally legal PR campaign to promote Measure S, and then unsuccessfully trying to spend another 90 grand just before Christmas to hire an expert to try to fix the budget shortfall. City Managers are protected by contract but there is no contractual protection for a person who has violated the law. Will we soon be hiring a management search firm?

As always, Jones and Meyer are likewise compromised by their corrupt and incompetent and self-serving practices. But Dick Jones, like Talleyrand, always seems to be able to keep his head on his shoulders despite all the revolutions.

Leaving Fullerton even worse off than she found it…

And what was the role of Mayor-for-hire Jennifer Fitzgerald, who was the evident and malignant influence around so much of the Fullerton’s recent mismanagement and the cover-ups that inevitably followed? It’s difficult to believe that she wasn’t pushing this through for the benefit of her pals, the Florentines.

Finally, if in fact, City leaders are found culpable in this conspiracy to commit fraud, what is the legal exposure to the taxpayers of Fullerton for both the legal costs incurred by the property owner in the case, and for other damages he may have suffered?

As FFFF learns more about the status of the case we will certainly share it. City Hall probably won’t.

December 9, 2020June 20, 2022About Us

The Florentine Mob Pulls Out

by Mr. Peabody13 Comments

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.

Tony (NOT Joe) Florentine accused by former employee of torching his own business – The Melody Inn – back in the late 1980s.
Tony Florentine magically converts an outside dining permit into a permanent structure built across a public sidewalk in the early 2000s.
Tony’s bright kid, Joe, illegally converts the family restaurant into an illegal night club in the mid 2000s.
In 2012 Papa Tony files phoney FPPC complaint against Tony Bushala in an effort to help his Gang of Three avoid recall. Complaint denied.
After gaining a CUP to operate as a club, Joe Florentine never installs the fire sprinkler system required of the CUP.
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.
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?