The Fullerton City Council is about to hand the Downtown Restaurateurs Bar Owners two big wins and they’re going to continue to slap down the privacy of those in Fullerton in the process.
The first big win for the bars is in changing the rules around operating a bar in the Downtown area. This is partially because city staff thinks it’s too hard to do their jobs regarding enforcement. It’s just so hard to tell the couple of bars without Conditional Use Permits that they’re operating illegally.
The truth here is that it’s so hard to enforce anything downtown because council won’t let staff or the police department do their jobs so they all have to turn a blind eye to illegal operators and this change to Title 15 allows the downtown scofflaws to now operate *mostly* legally.
Except those without CUPs which the city will continue to ignore because favors and cronyism.
This is being sold as a way to make enforcement easier but let’s be real here – every year for a decade+ the Chief of Police (each of them) has signed off on Live Entertainment Permits which themselves say CUPs will be enforced. Our Chiefs of Police rubber stamp LE Permits for businesses that operate without required fire / life safety requirements.
So if the Police Chief is going to turn a blind eye to life safety in order to rubber stamp a permit for a favored business owner why should we believe that these new relaxed rules will be enforced? Because we’re supposed to “trust” these corrupt kleptocrats.
This Title 15 Change is being pushed to allow “legal non-conforming businesses” to now operate quasi-legally but staff won’t even tell use who that applies to in Downtown. We’re offering a form of amnesty without talking about who gets it and for what and if that’s even a good thing.
Ted White will likely prattle on about lumens and the percentage of tint on a window as cover but there are real concerns being omitted here. Why? Because saying “no, we allowed a business to illegally board up their windows with flammable material without fire sprinklers in clear violation of their CUP” doesn’t sound as easy to wash away in a rhetorical flourish such as “how do we know what 15% tint looks like”? (more…)
Today Jennifer Fitzgerald announced her resignation from the Fullerton Council, effective immediately.
It’s a dirty job, but someone’s gotta do it…
“I can no longer even pretend to fulfill all the oaths I swore when I became a councilperson,” said Fitzgerald. “All the developer shakedowns, all the lies, all the influence peddling – I just can’t keep track of it all anymore. Balanced budgets, commitment to roads, honest cops – people want so much and I am so tired. I’m going to spend time with my family,” she stuttered weepily. “The evil has been backing up so much I feel I may burst.”
Mayor Jesus Silva responded to the announcement by saying ” I guess I’ll miss her helping me out at meetings when I started babbling like a boracho pendejo, but it will sure will be nice to have only one woman telling me what to do.”
Quick, get clear of the impending collapse…
Recently appointed Councilwoman Jan Flory had kind words for her colleague. “I’m going to miss Jen’ on council. To my lights she was the heart of the city and represents the very best commitment to service. We accomplished all sorts of things together – good roads, a successful downtown bar scene, an accountable police department, an unmatched string of balanced budges, effective and successful public works projects – you name it. She’s the reason Fullerton is where it is today.
Recently elected councilperson Ahmad Zahra was quick to praise Fitzgerald. “I thought at first she might be, you know, difficult to work with after she called out my long-winded moral posturing on the council appointment deal. But, later, when the chips were down, and she was willing to screw Whitaker just for the fun of it, I was so happy to make the deal to be on the water board. It was a very successful transaction.”
The council will now have to decide whether to replace Fitzgerald by appointment or by special election. According to the City Attorney a special election in November could cost eighty trillion dollars, which might come close to unbalancing the City’s budget according to City Manager Ken Domer.
We’ve received, via a Public Records Request, some of Community Development Director Ted White’s text messages with downtown bar owner Joe Florentine. It looks like Mr. White is working for Florentine which explains a lot:
To clear this up, those “issues” that Mr. Florentine is talking about include all of his violations of the municipal code and his Conditional Use Permit – specifically his illegal refusal to install fire sprinklers.
Florentine is in gross violation and Ted White is pushing a big change to the municipal code through council in order to facilitate Florentine’s bad behavior.
While Mr. White likes to talk about how hard his job is, how impossible enforcement is and how outdated it is to look at “lumens” regarding lighting – he doesn’t admit that fire safety isn’t on his list of priorities – nor is actually doing his job.
Florentine’s properties on the corner of Harbor and Commonwealth, the largest bar / nightclub in all of Downtown Fullerton, as far as we can tell, is the ONLY business given a pass on fire and life safety issues.
We also have it on good authority that Mr. White tried to illegally INCREASE the occupancy at Florentine’s properties, in violation of the law, while ignoring the fire sprinkler issue that has been ignored by staff for 10+ years. Why? Why potentially put more people at risk?
And Mr. White isn’t alone in his belief that one man is above the rules and laws in Fullerton.
Every single year the Fullerton Police Chief, currently Robert Dunn, issues Florentine a Live Entertainment Permit threatening to enforce the applicable laws/permits. And every year the Chief does nothing but wield his rubber stamp for downtown law breakers. This is worse than the old joke of the UN saying “Stop! Or we’ll yell ‘Stop!’ again!” because our Chief can’t even be bothered to use the “S” word. (more…)
We here at FFFF over the years have pointed out the Florentine sidewalk theft and more recently the sham of city oversight in Florentine’s decade+ refusal to install fire sprinklers.
Those stories led a reader to send us a video that may make that fire sprinkler issue way worse in context. It’s a story about what allegedly happened at Florentine’s Melody Inn back in 1989 in Downtown Fullerton.
Those of us in the cheap seats out in Podunk have noticed something odd and can’t quite figure it out and we’re hoping that some of you friends have some answers.
The problem is that Joe Florentine operates a night club in clear violation of the Fullerton Municipal Code and possibly CA Law if not just CA building codes. How so? His nightclubs located at 100-104 N Harbor Blvd, and which have a combined occupancy of over 300 people, are lacking fire sprinklers. Feel free to check for the permits yourself to verify.
Fire sprinklers, mind you, which were a condition of his Conditional Use Permit back in 2008.
The CUP from 2008 on this issue fully states (our emphasis):
“12. The 2008 Building Code requires that restaurants and drinking establishments with a fire occupancy of 100 persons or more are required to install fire sprinklers. As a result, the business owner is required to add fire sprinklers as a matter of approval. Because this is a Building Code requirement, the Planning Commission does not have discretion to waive this requirement. Staff has recommended a condition to assure that the work be performed within a specified timeframe of the use approval, or else the CUP will be brought back to the Planning Commission for revocation.”
Here’s the California Building Code for those who are curious, keep in mind that Florentine’s is said to be about 8,000 sqf:
His business qualifies as requiring fire sprinklers. His conditional use permit requires him to have fire sprinklers. Yet he has no fire sprinklers.
Why are there no fire sprinklers?
Why hasn’t his Conditional Use Permit been revoked as required by law?
For 10+ years Florentine has been operating the largest restaurant / night club against the law and for 10+ years our staff has done nothing about it. Even though Fire and Life Safety are the issues at hand.
OK, that’s not fair to staff. They have done something. They’ve willfully ignored fire codes, building codes and public safety. We’ve got to give credit where credit is due and nothing in this case certainly is something.
Despite that 2008 Conditional Use Permit threatening a mandatory revocation, the city has never once enforced the issue of fire sprinklers let alone considered bringing his CUP back for possible revocation. Not Once. In all that time our useless Planning Commission has been too inept to ask tough questions of staff or for a list of gross violators to even notice this glaring slap against their preening authority.
But wait for it, it gets better.
Each year like clockwork the ever rotating Fullerton Police Chief signs off on Florentine’s Live Entertainment Permit making FPD complicit in this glaring life safety fail. Here’s an example from 2016/17:
Check #7.
“7. The C.U.P (if applicable) shall be strictly enforced.”
The Chief of Police is signing off on Live Entertainment Permits and claiming that conditions of use, such as fire sprinklers, will be enforced while NEVER ONCE ENFORCING THEM in well over a decade.
While Community Development Director Ted White likes to talk about needed changes to the municipal code, specifically Title 15 which passed our clueless Planning Commission, he mentions lights and lumens and outdated technology. It sure is curious that he never bothered to mention Fire Safety and how he, his staff, nor any staff across Fullerton, can be bothered to enforce those issues and laws either. Nevermind flagrant violations of state law, HOLY CRAP LOOK AT THOSE LUMENS! We just can’t measure those time to change the codes!
While he’s baffling our clueless leaders and representatives on the dais with bullshit, he’s letting guys like Florentine violate safety concerns because… why exactly?
No seriously, why? Why are we tolerating staff, our Planning Commission, and our City Council blatantly ignoring the law while they spoon feed us nonsense about lumen measurement?
This is an endemic problem. That Live Entertainment Permit as seen on the Fullerton website actually needs to be signed off on by multiple departments:
How is that nobody in the Building, Code Enforcement or the Fire Department has a problem with such a large venue with such a large civilian capacity each weekend being in clear violation of fire codes?
Joe Florentine actually made the case in front of the Planning Commission recently that the Live Entertainment Permit process was too arduous. Let that sink in. The dude who’s breaking the law and putting people’s lives at risk has the sadz because the process, that is letting him slip by with his lawlessness, wants the process to be easier!
An artist representation of Joe Florentine after speaking to Planning Commission.
Maybe you can figure out why right now, this weekend of St. Paddy’s Day which is one of the heaviest drinking days of the year, the city is going to continue to put hundreds of people at risk in Florentine’s night clubs.
The city knows Joe Florentine operates his bars outside the law. He is legally required to protect the public he allows in his doors, but refuses to do so. We know it, we tolerate it, and we even sign off on it at least once a year.
Why is this important? Why should you care that your city staff ignores the law and signs off on Florentine’s shenanigans?
Because this means YOU, the taxpayers of Fullerton, are on the hook for an accident in Florentine’s bars.
You, through the Police Chief & Fire Department, signed off on his entertainment permits to pack his bars.
You, through your Council, Staff and City Manager, told him he was safe, every year. You told him he’s a good operator despite obvious evidence to the contrary.
So what happens when, God forbid, there’s a fire like the Ghost Ship in Oakland where fire sprinklers were also lacking?
Who pays restitution? Little ol’ Joe with his big house and big pool up on the hill?
NO! You do! You pay! Just like you always pay when staff and council refuse to do their jobs. You signed the dotted line that blessed all his illegal bullshit and then you did nothing about it.
You get what you vote for, Fullerton. This weekend your vote will be used again to tolerate putting hundreds of people at risk. You voted for people to not enforce life safety laws, you voted to not enforce alcohol service laws, and you voted to not enforce zoning laws.
There’s an old rumored study that is often referenced, but not in detail, that says that Downtown Fullerton costs the city about $1million/year in a general fund subsidy.
Meaning that according to the available data we have the city subsidizes the bar scene out of money that could be doing things for us such as fixing our roads. But how much is downtown actually costing us?
No clue. This study is only ever referenced in passing and no numbers are ever presented.
Back in Oct 2017, when City Staff was selling council on a “Downtown Parking Plan”, which is nothing more than handing over our free city owned parking to bar owners at night so they can charge people and profit, they referenced this subsidy:
Then again in Feb 2019, when staff was pitching the same parking nonsense they used the same allusion to a subsidy:
To sort this out we asked how this subsidy is calculated because there is no way our City Staff, Manager and Council are so lazy as to rely on a years old, and disputed, study to determine new and current costs associated with how we run our city’s finances. Today the city got back to us.
Here’s the response in full from the city’s Administrative Services Director:
The comment was meant as a general comment and to briefly mention that future items would come before the Council. More specifically, this comment is based upon my understanding that a report was produced several years ago that demonstrated that there was an approximately $900K-$1M general fund subsidy for the Downtown area at the time the report was produced. There isn’t a more recent calculation of the subsidy that I am aware of.
Whoops. Turns out that we don’t know what Downtown costs. And yes, we are relying on a year’s old study to justify offsetting costs without know those very costs. Actually it might not even be a study. It could just be a guess, because we don’t know.
This answer is worse than it seems as it actually implies that the city has no idea what taxes we get from downtown and how those relate to what we spend to maintain and patrol said downtown. It also means that they don’t even know if there is or is not a subsidy and what it might be in [current year]. Heck, we could be throwing $xMil/year into downtown with police/fire costs (and the associated pensions) alone and not even know it. Or care to know it.
The city should know the costs of police, fire, maintenance and the potential lost business opportunities. Should.
What does Downtown Fullerton cost us as a city? We don’t have a clear idea.
Not a damn clue, actually. The city doesn’t know and hasn’t cared enough to find out in years. They’ll talk about taxes and selling capital assets and making plans to charge for parking and raising the noise levels – pretty much anything to benefit the bar scene, the very businesses that might be costing the city more money to maintain than they bring in in tax revenue. Why?
If you want to know why we have a structural deficit, why our roads suck, why our parks are often left to rot — This is why. We elect people who are too lazy to care about such basic government issues like costs and they in turn hire people who only care about costs or risks when it benefits the newest, shiniest 5 Year Plan they’re selling to that same council that hired them.
This is why things can’t get better until we stop letting council get away with polishing the brass on the Titanic while it sinks.
Fullerton’s City Council, on the other hand reminds me of Porch Boy from Deliverance: good at one thing and, well, everything else? Not so much.
Our council’s skill-set is entirely focused on hiding screw-ups – from auto crashes to mismanaged construction progress to a breathtaking budgetary neglect that can only be discussed by lying about it.
At the heart of the matter is a council that is just incompetent, and worse, refuses to hold anybody accountable for their expensive errors. But the one thing that can be relied upon: no one will ever admit mistake.
The bars stayed open and the band played on…
If you had any doubts on the matter, simply refer yourselves to the silly charade of picking a council replacement. The fix was in from the beginning. There was zero chance anybody but the egregious Jan Flory would be chosen, despite other applicants who had actual ability. Why? Because Flory was already complicit in all of Fullerton’s misadventures that have led to an an FPD Culture of Corruption, an out of control booze riot downtown, a near empty treasury and the worst roads in Orange County; and if anybody was willing to stay the course, lie about a balanced budget, blame the stingy taxpayers for the state of the roads, and prop up clearly useless and grossly overpaid city manager and city attorney it was her.
But the people that have made a mess out of Fullerton are running out of options, especially pension options, when the State pension board decides to lower its actuarial assumptions again. And then the gravy train will run out of gas. And who will be asked to fill ‘er up? That’s right you and me.
A bar just came on the market in Orange County, and it looks and smells a lot like Fullerton’s infamous SlideBar. Check it out.
The listing says it’s in Orange, CA, but the description matches Fullerton loudest chugghub to a T. I’m told the photo matches the Slidebar interior, too.
I wonder if the new owner will still be able to blast amplified outdoor music into the surrounding residences without a permit.
I’m in Downtown Fullerton as I type this post. Specifically I’m at an office space some friends and I are thinking about renting for our podcasts, the same office space I used for the live video on Flory’s appointment. I’m here because I wanted to reshoot that video owing to the technical and delivery problems of my first ham-handed efforts and I wanted to see how practical this space is for our purposes at night.
I knew the train schedules and checked the sound levels with a decibel meter for quality and started figuring out some of the technical things I wanted or needed to change. Then 8pm hit and I encountered something I hadn’t really planned around – live music emanating from across the transportation center.
Let’s get to brass tacks here; it was coming from the Slidebar – a favorite punching bag of commenters here on FFFF and some of the people I know around town. But this is a problem for me because generally I LIKE the Slidebar. I know Jeremy and he’s always been civil with me. I know Josh and he allowed me to take photos inside the bar back when I shot bands for a hobby. I have little desire to bother people I have no beef with personally and who have been cool with me historically.
When I go after things I try to focus on issues and the people I think are causing the problems. I spill a lot of digital ink railing against Fitzgerald, Silva, now Zahra and so forth because I think they’re bad leaders and corrupt politicians – but I try to leave their personal businesses and family lives out of my posts, comments and claims as best I can because that’s not where my interests rest unless those things prove to be connected to some form of political corruption, grandstanding or malfeasance.
But tonight I got irritated. I got irritated because this city plays favorites and that favoritism, while common everywhere, shouldn’t exist from government and shouldn’t impinge on my ability to do my work in an office I want to rent. Further, the city lies about basic provable things because they think nobody will bother to call them out on their nonsense. I saw this when Fitzgerald ran all over Fullerton claiming our budget was balanced. I saw this when the city lied about Red Oak’s bonafides to convince the council to approve a zone change. I saw it and heard it again tonight.
I often laugh when government hacks and bureaucrats claim that a city, body or agency is “open for business” or other such nonsense platitudes. The idea that we’re customers and not captives to their regulatory whims is patently ridiculous. But this idea of being open for business by virtue of stealing from you slightly less, or because you favor one entity over others never seems to fade.
By way of example I’ll offer the last Planning Commission meeting, as written about here, where city staff tried to make the case that because rules and regulations relating to Downtown Fullerton were too onerous and hard to enforce the city needs to do away with them and replace them with rules more favorable to bars pretending to be restaurants. All to be more agreeable with the needs and wishes of our Downtown denizens. Ted White, our Community Development Direct, made this laughable claim and a few others I’m going to be discussing at some length in future posts as I take it all apart. The more I’ve been thinking about this last meeting the one thing that strikes me as most irritating is that the city is only worried about Downtown rules being too onerous and problematic. There are countless parts of our Municipal code which are outdated, unenforced and unenforceable and yet Downtown seems to be the only area of constant focus for nigh onto forever.
The actual issue and thing people need to understand is that Mr. White and his cohorts, who only answer to the City Manager who himself only answers to Council who themselves are owned by special interests and moneyed business owners and don’t really care about we citizens, don’t really care if rules are too onerous or burdensome or just plain ridiculous. Let us turn the wayback machine on and look at the FilmLA sponsored claptrap that made it through the Economic Development Commission (with nary a soul bothering to read the ordinance before voting Aye) and then all the way through to being approved by our anti-business council.
Do you see what I saw when I was on EDC and arguing to take this ordinance apart?
You need a permit to take even still photos ON YOUR OWN PROPERTY if they are “commercial” and nowhere does the city define “commercial”.
Doing some advertising? Photos for Yelp? Pictures on your website? Are you a fashion or beauty vlogger? Taking real estate photos?
Congrats. That might all be “commercial” because the city refused then and still refuses today to define the term commercial for the sake of the ordinance. I know because I asked them to define it and they wouldn’t. Ok, so you need a permit which isn’t too onerous I suppose to most people.
