Bruce Whitaker Archives - Page 16 of 25 - Friends For Fullerton's Future

January 15, 2019Ahmad Zahra

Will Ahmad Zahra Hold Firm?

AhmadZahra

Back in December, in his first at-bat, Ahmad Zahra surprised me by speaking of the Constitution and transparency whilst simultaneously voting against FitzSilva in their attempt to appoint Jan Flory to Council. Zahra was on fire with gems such as:

“My decision is going to be contingent upon us making sure that the appointment process is fair and open and transparent. So until we can make that decision, I don’t see how we should take votes away from people.

“The question is, is there a fairer and open and more transparent process than voting itself? Can we come up with that? Can we come up with something better than what the Constitution come up with? That is my question for the council. I’m leaving my decision until I hear other council members.”

Tonight we get to find out if Zahra is a man of principle standing by his own talking points at the last meeting or if that was all simply a clever flex to show who has the real authority on this issue in an effort to get his preferred pick onto council.

For those new to the story here’s the gist as I understand it —

Jesus Silva wanted incumbency in 2022 and thus opted to run for the District 3 seat on council.

Council then chose to change the law ON ELECTION DAY in the case Silva beat Sebourn in order to limit the options for voters.

Silva took home the ring on election day and in winning he vacated his at-large seat which runs until 2020.

Then in December the dynamic duo of Jennifer Fitzgerald and Jesus Silva testily complained that they needed Ahmad to go along to get along in order for them to get what they wanted. Zahra didn’t go along which brings us to today.

Tonight we’ll watch as FitzSilva likely tries to lay it on thick and blame Ahmad for the cost of the election should he choose transparency and an election (as he did back in December). This is posturing bollocks but I’m wondering if he’ll stand firm. Both he and our residents need to know that the fault here lies partially with Silva for running, partially with council for changing the city ordinance, ON ELECTION DAY, to facilitate this choice between the devil and the deep blue sea, but really the fault lies with our City Attorney The Other Dick Jones™ for offering terrible advice and putting us in this situation in the first place. Zahra is blameless here on the issue of cost should he choose openness and transparency by way of a special election.

dick-jones

Prepare for the same shenanigans with FitzSilva promising a fictionally transparent process in this city which is allergic to the very premise of transparency. The same transparency which had Jan Flory meeting with at least 2 (if not 3) current council members and bringing a cabal of people to lobby for her to be appointed without the citizenry any the wiser. THAT type of so-called transparency should be rejected and here’s hoping that Councilman Zahra continues to impress the way he did during at his last at-bat.

December 20, 2018Ahmad Zahra

Ahmad Zahra 1, FitzSilva 0

by Joshua21 Comments

AhmadZahra

I was pleasantly surprised at Fullerton’s City Council meeting last night and that rarely happens. I was surprised because Ahmad Zahra stood his ground on the principle of Democracy being the preferred way to settle our current council vacancy caused by Jesus Silva. He withstood Fitzgerald’s venom laced claws and boxed Silva in so much that Silva had to contradict himself by claiming to believe voting is important except, you know, with regards to, uh, the vacancy he created in playing musical chairs.

I had heard going into the meeting that Jan Flory had lobbied 2 if not 3 of the current council members to be appointed to the vacant seat. I had also heard and believed that Fitzgerald and Silva were going to push for an appointment process to get the Flory ball in motion. I also knew, just from historical context, that Whitaker would vote no on that because he and Flory are opposites on most items and he gains nothing by supporting her. I did not know how Zahra would act or vote despite allegedly meeting with and being lobbied by Flory. Owing to Zahra’s campaign and his coziness to people I believe to be ethically challenged I didn’t hold out much hope and assumed he might go along to get along.

Then Zahra showed up to play ball and stomped on my assumptions. (more…)

December 18, 2018Ahmad Zahra

Is the Flory Rumor True?

by Joshua15 Comments

FergusonDeadWrong-Flory — Except we do, and our own budgets prove it.

Rumor has it that former councilwoman Jan Flory is lobbying to become the appointee to our City Council tonight and has already secured both Jennifer Fitzgerald and Jesus Silva’s votes. This is the same Jan Flory who voted, with Jennifer Fitzgerald and Doug Chaffee, on multiple unbalanced budgets and who helped lead us into our structural deficit. The same Jan Flory who puts City Staff above the very citizens they’re supposed to work for and represent.

Want to know why our roads suck so bad? Blame Jan Flory and her cohorts who think bureaucracy is the true heart of Fullerton. Want to know why Downtown is such a train-wreck? Yeaup. Same cabal of incompetence.

If the council votes to appoint somebody the voting members will own every vote put forward by the new council member. In effect, if they vote for somebody like Jan Flory, who helped sink our budget for years, they will be responsible for both their own votes on the budget (and similar items) as well as hers.

Appointing somebody is bad. Letting Jesus Silva vote on an appointment to the very seat he himself vacated is worse. Having council vote to give themselves the bulletproof majority needed to walk all over the people of Fullerton is downright despicable.

The people should really have a say who in represents them and voting to appoint somebody, especially somebody who will raise our taxes, is the essence of being anti-democratic. Our republic was literally founded against the premise of taxation without representation.

December 13, 2018December 13, 2018Ahmad Zahra

A New Council Member on Tuesday?

by Joshua18 Comments

18Dec2018 Council Meeting

The agenda is online (HERE) for next Tuesday’s council meeting and the one major item of note, item #3, is the possible appointment of a council member to fill out the remainder of Jesus Silva’s abandoned at-large seat.

Item 3 States:

3. On December 4, 2018, Council Member Silva was sworn in as the District 3 City Council Member. This created a mid-term vacancy in Council Member Silva’s prior at-large City Council seat which expires in December 2020 and requires the City Council to consider the legally available alternatives for filling the vacancy.

Recommendation by the City Clerk’s Office:

Appoint a qualified individual to the fill the vacancy through the remainder of the term, either through direct appointment or following a process for applications and / or interviews and / or other steps as determined by City Council.
Direct Staff to prepare resolutions to call a special election to fill the vacancy for the remainder of the term for consideration at the next City Council meeting.
Continue discussion to the January 15, 2019 City Council meeting.

This agenda item, according to City Manager Domer, was written intentionally vaguely so that council can do whatever they want on Tuesday. If they want to just appoint somebody on Tuesday, solidifying the premise that they’ve already been wheeling and dealing behind closed doors, then they can appoint whomever they want. If they want to take a different path, such as an election, they can direct staff to start that process as well.

This item will be somewhat fun to watch because of how it played out up to this point. It only matters because Silva beat Sebourn. As for the ability to appoint a crony to fill out Silva’s seat, that was passed 3-1-1 with 2 (R)s swinging into the Yes column on 16 October 2018 and again 3-1-1 with Fitzgerald ($R), Whitaker (R) and Silva (D) voting for this move on 06 November (election day) 2018.

Direct Appoint Council Vote

If another liberal (D) ends up on council after Tuesday, the (R)s in Fullerton will have nobody to blame but their own council majority. A council majority that this vote could cost them.

UPDATED: Corrected the 06 November vote. A previous version claimed it was 5-0 when it was the same 3-1-1 as the 16 Oct meeting.

December 4, 2018December 4, 2018Ahmad Zahra

A New-ish Council This Way Comes

by Joshua4 Comments

Backroom-Deal

Tonight Doug Chaffee and Greg Sebourn leave the Fullerton City Council and Ahmad Zahra gets sworn in to be the first to represent District 5 on the dais. This wouldn’t be Fullerton if that’s all that was happening tonight – a simple transition of (some) power – but true to form our current Mayor (for a few more hours), Doug Chaffee, opted to ram a pet project down the council’s throat one last time. An unsolicited bid to turn the parking lot used for Train Days into a “boutique” hotel without the pesky bother of worrying about competition or opening a bid process. He wants this to happen now, NOW, NOW! because… reasons. It’s such a great idea that Chaffee doesn’t trust the council to pick it up without him which means he either thinks they’re too stupid to know a good thing when they see it or it’s not… wait for it… a good thing.

Ah the smell of cronyism.

While we’ll eventually get to say goodbye to a few members and add Ahmad which should be the only focus tonight, first we have to see if Jesus has been bought off and has changed his tune on competition. A tune that he sung only 2 weeks ago, mind you.

After that first crony, I mean agenda, item has been dealt with the council will move on to the actual (partial) transition of power.

For those not keeping track here’s what will happen tonight:

Jesus Silva moves from at-large to the District 3 representative. This will leave his at-large seat open until council decides to fill it or holds a special election.

Bruce Whitaker and Jennifer Fitzgerald will stay status quo.

After tonight we’ll also have a new Mayor (likely Silva) and a new Mayor Pro-Tem (likely Fitzgerald). As for the empty seat – don’t forget to comment on who you think will be the appointed council member in our Wheel of Replacement Candidates thread.

We doubt there will be any surprises tonight but we’ll keep you posted as always friends.

October 16, 2018October 16, 2018Behind Closed Doors

Election Meddling – Silva’s $400,000 Arrogance

by Joshua24 Comments

ElectionMeddling

Make taxpayers shell out $400,000 or meddle in an ongoing election.

Pick one.

That’s the quandary in front of our city council tonight in the form of agenda item 4:

4. FULLERTON MUNICIPAL CODE AMENDMENT REGARDING CITY COUNCIL VACANCIES
Consideration of an ordinance to repeal Fullerton Municipal Code Section 2.02.020 and follow procedure for filling City Council vacancies as set forth in Government Code Section 36512.

Without getting too much into the weeds the problem the city is trying to address is specific to the costs and ramifications of Jesus Silva winning the race for the District 3 council seat.

The voters in District 3 have 3 choices on their ballots; Greg Sebourn, Jesus Silva & Nickolas Wildstar. If either Sebourn or Wildstar wins this municipal code change does nothing in the foreseeable future.

If Jesus Silva wins then he vacates his current At-Large seat and we, by law, must hold a special election. That special election could cost us between $391,532 – $428,150 per the OC Registrar of Voters.

Silva likely didn’t even know he was risking socking the taxpayers with that hefty bill until somebody else pointed it out to him. Or perhaps he just didn’t care. That his wife was on council when the to be repealed ordinance was passed points more towards didn’t care than didn’t know.

We went through 2017 knowing this was an issue and the City Manager couldn’t be bothered to deal with it. Then most of 2018 came and went. Nothing. Instead of worrying about a near half a million dollar liability Ken Domer had the council worrying about which volunteers to fire from the various boards and committees around town. As a former member, I’m glad the Economic Development Committee is gone but if you’re going to muck with the municipal code perhaps worry about the parts costing us, or potentially costing us, real money before worrying about a committee that rarely met because it rarely had quorum.

Now this issue is on the City Agenda for the coming City Council meeting tonight. During an election.

Yes, the election is on 06 November but absentee ballots are already in the mail and thus the city is asking council to change the rules of elections DURING AN ELECTION. People will have already voted in District 3 BEFORE the council decides what to do tonight.

Silva 2018 Meddling — Quote Silva from 3 days ago: “Absentee ballots are starting to arrive.”

This is ridiculous.

I don’t want the city to have to spend $400,000 to fill a vacated seat if Silva wins in District 3. However – and this is a big however – Jesus Silva decided to run knowing that his run could cost us that much money and he did it anyways. That he did it anyways speaks to his character.

That is a political consideration and changing the rules during the election screams of a partisan fix to a problem Silva could have avoided by not throwing his at-large seat away in the quest for 2022 incumbency. Voters make decisions on issues that cost and matter less than $400k and deserve to judge this issue without council interference after the fact.

But how did we get here? (more…)

September 17, 2018September 18, 2018Bad Cops

OC Judge – Stop Being Mean to Disgraced Officer Jay Cicinelli

by Joshua38 Comments

Remember Jay Cicinelli? The one-eyed officer who was so disabled from LAPD that he took a disability pension but was so-not-disabled that he was able to be a working Fullerton Corporal? Ring any bells?

He’s the guy who in July 2011 used his taser on Kelly Thomas to “beat him probably twenty times in the face” because Thomas had the audacity to not just sit still while former officer Manual Ramos played games and threatened him. Don’t remember that part?

Ramos-Fists

Cicinelli was fired from the Fullerton Police Department in July 2012 (and the decision was later upheld by the Council). As we told you a while back, Cicinelli is trying to get his job back and in a “we told you so” moment it looks like he may get his wish.

How? Well, a Judge here in OC thinks the Council was mean to poor old Jay when they fired him and upheld his firing because something something bias.

HERE is the report.

On 14 September 2018, Judge David Chaffee (no relation to Council member and Supervisor Candidate Doug) made a Judgement that Bruce Whitaker and Greg Sebourn should recuse themselves from Cicinelli’s due process violation hearing. His reasoning? Whitaker and Sebourn had the audacity to think we rabble had a right to know what had happened to Kelly Thomas and a right to the evidence.

Judge Chaffee seems to think that because POBAR (the Police Officer’s Bill of Rights) and other as-terrible laws preclude the public from getting basic information about officer actions and alleged crimes that our elected officials shouldn’t be allowed to talk about the things our officers do on duty and under the color of authority.

Cicinelli-Granted Judge Chaffee made the point, several times, that Bruce Whitaker spoke out as a council member on items that had not been agendized. Because apparently Judge Chaffee doesn’t understand the Brown Act and that it would have been illegal for Whitaker to speak on those items in the public square had they been agendized.

What all of this leads up to is that this judge wants our current council to re-hear Cicinelli’s bias complaint and he goes so far as to say that not only should Whitaker and Sebourn recuse themselves, he actually recommends that the council wait until AFTER the next council is seated after the November election. He wants a 2019 Council to hear a case from 2011, because of alleged bias.

NewCouncil This is utter nonsense. The council now is Whitaker, Sebourn, Chaffee, Fitzgerald and Silva. Silva, mind you, who is the husband of Sharon Quick-Silva who was on council during the Kelly Thomas incident.

In November Silva is competing with Sebourn for District 3’s seat and Chaffee is running for Supervisor and will be off of council. Chaffee’s wife is the most well financed candidate in District 5. Thus the “very likely probability” is that Sebourn will beat Silva and Silva will stay on council until 2020 when his term expires. So one seat will change which could just end up swapping one Chaffee for another. This is hardly a reason to delay an action in front of our council – especially regarding something so important.

Here is the general premise of Cinicelli’s complaint and Judge Chaffee’s beef with the council and how it handled the case:

Whitaker-Letter

Whitaker-KNBC

The argument against Sebourn and his alleged bias is just laughable. From the judgement:

Golly gee. Sebourn wanted a jury trial and for people to be able to know what happens and for people to not be forced to make decisions in a vacuum. The horrors. If this was the sole thing I knew about Greg Sebourn he’d get my vote every election. That the court thinks this is a problem would be hilarious if it wasn’t so tragic.

The worst thing you can impugn Whitaker for after reading this judgement is his being too willing to talk to the public and help us know what was happening, which is something to be celebrated. He worried about a cover-up and the argument against that is that it’s legal for officers to cover-up things per POBAR. Don’t believe me? Then why are officers allowed to view evidence up to and including videos of their own actions before writing their statements? You, as a citizen, are not allowed such a privilege as that would taint your memory and allow you to change your story to coincide with the evidence. The officers who beat Thomas did in fact write their reports while watching the video and all subsequent testimony is tainted by that fact despite complaints to the contrary.

I submit as evidence a quote from the Gennaco special investigation report regarding this fact: Cicinelli-Report-Video So Whitaker asked questions the people of Fullerton, arguably the world, wanted answered and he’s being painted as a biased figure against this poor officer who wasn’t physically qualified for the job he had, while double dipping a pension, and who showed no remorse for his actions.

I guess Judge Chaffee missed the video evidence from that night. So HERE IT IS.

If that’s too much maybe this will suffice:

Is that inhumane and brutal?

What about in the context of having done nothing wrong beyond being an annoyance to a Slidebar Rock ‘N Roll Cafe employee (with a direct line to Police Dispatch)?

How about Judge Chaffee walk a mile in Kelly Thomas’ shoes instead of demanding that our City Council walks a mile in Cicinelli’s? After all, asking our council to walk a mile in Cicinelli’s shoes is asking them to walk a mile in the shoes of a sociopath (also from the Gennaco report): Cicinelli-Savage This is why we need police reform. This is why we need oversight. If you didn’t think the deck was stacked against you just keep in mind that a judge just ruled that Jay “Savage Person” Cicinelli was unfairly fired because a councilperson dared to ask questions and demand answers of our corrupt police force.

Unfair? Don’t forget that one of our officers WAS JUST INDICTED for a cover-up with the Joe Felz incident. This is the legacy of former Untouchable Police Chief Danny Hughes.

My hope is that the council tells Judge Chaffee to kick rocks. They should address this bias nonsense straight out and immediately, list all of the policy violations and problems with Cicnelli’s conduct on the fateful night Kelly Thomas was killed and then vote to uphold Cicinelli’s firing.

January 13, 2018July 28, 2019Arts & Architecture

A Trip Up and Down Memory Lane…AKA The Pine Wood Stairs.

by Mr. Peabody27 Comments

“Pine Wood Stairs” looked a lot better in concept than in reality…

Back in May, FFFF documented the lamentable construction disaster of the Pinewood Stairs, a $1.6 million boondoggle created by City staff, whose construction defects were so bad and so plentiful that a reasonable person might even inquire about how we could get our money back. In fact, City Councilman Sebourn mumbled something about getting our money back, then said he was just kidding. Bruce Whitaker said nothing at all. On Facebook City Hall bureaucracy advocate Gretchen Cox cooked up a story about some alleged City “report” that exonerated all concerned.

Nine months have passed and I thought it might be interesting to revisit the site of the fiasco and share a visual tour to take another look.

Here’s a typical example of a project with nobody in charge and nobody who knows what they’re doing.

The caisson footings with the wood posts are almost all cracked; some of the posts aren’t even vertical. Some of the caissons are out of plumb, too.

Aspects of the construction reveal building that was cobbled together to make the contraption fit together.

Now, as then, the wooden rails are extremely rough and splintiferous.

The lack of quality workmanship, structural and cosmetic remains in evidence. And those fraying cable ends? Why, they’ve been taped! Of course the tape is falling off.

Simple things – like removing the cardboard tube form from the caissons seem to have eluded the City’s crack inspection team. Crack. Get it?

Basic design oversight problems were jerryrigged and never addressed properly at all.

Weird features that are nothing but potential for risk management headaches and taxpayer payouts are still much in evidence – like this trip hazard. Shrug, indeed.

Loose cables. Down the hill goes the toddler.

As usual, maintenance of public property remains a challenge for the City. Loose ends are not their specialty.

How hard is it to keep a tree alive? Don’t bother asking. You won’t get an answer.

The effects of the inevitable pedestrian shortcuts betray both design and maintenance failure. It looked better on paper.

We have been assured by people who don’t know what they are talking about that everything was just grand about this grand failure; but, the evidence did and still does point to the exact opposite: a project that suffered from fundamental design shortcomings, incompetent and careless construction, a construction manager whose only function seems to have been to cash our check, and inspectors who were (and probably still are) a disgrace to their profession.

As you can see driving up Harbor, the City is now building its splendid new entry to the park – including a bridge – costing millions and accomplishing nothing but wasting park construction resources. Apart from the obvious uselessness of the project I have to wonder if it will suffer from the same dereliction that informs the so-called “Pinewood Stairs.” Nothing leads me to hope for the contrary.

December 31, 2017December 31, 2017Bruce Whitaker

Whitaker’s Website

by The Fullerton Harpoon49 Comments

One of our Friends has notified FFFF that Fullerton councilman and State Senate Recall candidate Bruce Whitaker has a website dedicated to his Senate run which is supposed to happen in 2018 – if the Democrats in the legislature quit stalling and stop making up new rules as they see fit.

You can access the new venture through the old address www.brucewhitaker.com or you can go directly, here: www.visualyft.com/bruce.

Feel free to share your thoughts.

December 9, 2017December 9, 2017Behind Closed Doors

The Waiver

by Mr. Peabody15 Comments

Recently FFFF has been chronicling the goings on at the Fullerton Airport, specifically a lawsuit by a former tenant, AirCombat USA, and the non-aviation commercial use by another tenant, Hangar 21, who is desirous of expanding its party venue. The two issues are only conjoined only because Hangar 21 was recommended by staff to move into the space that CombatUSA was kicked out of.

With enough fuel the party will get off the ground. An aviation use.

On Tuesday, December 5th, the City Council reviewed and approved the selection of Hangar 21 to occupy the space and signaled its intention to change the Zoning Code to legalize what is obviously not permitted under current zoning regulations.

The issue of Federal Aviation Administration approval of hospitality use was raised by Councilman Greg Sebourn. Fullerton Airport Manager Brendan O’Reilly, in a convoluted statement, finally got around to claiming that he had received a “waiver” from the FAA for using the airport for parties. He didn’t produce this document. Maybe we can help.

We know that back in 2014, O’Reilly communicated with the local branch of the FAA seeking advice on establishment of a non-aeronautical use in a hangar at our airport. Who this proposed lessee was we don’t know because we don’t have the attachments described in the written response from an LA FAA dude, David Cushing. It may have been the establishment of a party venue known as Hangar 21 Venue.

Here’s what the FAA had to say:

Well, I don’t know about you, but I can read English pretty darn well. Once you strip away the cross-bureaucracy congratulations and the double-talk, the message is crystal clear: raise money to support the airport, but continue to keep non-aeronautical uses out of aeronautical areas. I don’t know which part of an airport is non-aeronautical, but an airplane hangar ain’t it.

Is O’Reilly’s FAA waiver in reality the Cushing letter of October 2014? I can’t be sure, but that’s what the City provided when asked for documentation of FAA approval. If it is we may be heading for turbulence up ahead.