Okay. What have we learned so far about Fullerton’s long and corrupt attempt to avoid addressing the problem of amplified outdoor music?
I’m not going to do my job and you can’t make me…
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.
Stop the noise, consarn it!
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.
Yes, that is the answer!
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.
You can take the douche out of the bag…
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.
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.”
Matt Foulkes. The downward spiral is complete.
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.
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.
You can take the douche out of the bag…
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.
This Tuesday, at the request of the Fire Heroes Union, the Fullerton City Council will vote (likely 3-2) to light $68,000 dollars on fire to get a bid from the Orange County Fire Authority (OCFA).
What’s $68k between friends?
This is a scam and just a waste of your tax dollars.
Don’t believe the fiscal lies being told here, none of the disingenuous liars who will vote for this care about your tax dollars and they’re certainly not going to get rid of Fullerton’s Fire Department to jump to OCFA.
The entire point of this bullshit bid is leverage to justify a raise for the Fire Department. Nothing more, nothing less.
I’ll prove it by using Council’s own agenda from the exact same meeting this coming Tuesday:
When you join OCFA you typically lease all of your equipment to them at no cost and all of your fire facilities for $1/year (as Garden Grove did a few years ago).
To take this bid seriously, you would have to believe that council is SERIOUSLY considering a bid to change to OCFA and is simultaneously spending $1,546,683.30 to buy Fullerton Fire a new ladder truck that they’ll just gift to OCFA to use as they see fit.
If we went to OCFA, it is them and not us who would decide where trucks (apparatus) would be stationed in order to best serve the cities under their jurisdiction. Thus it makes zero sense for Fullerton to buy a new truck when it might not even stay in Fullerton.
These conflicting agenda items would make no logical sense if this bullshit OCFA bid was serious. But it’s not serious.
This is just the council Dems lighting your tax dollars on fire, well, because screw you, they need to help a union argue for more of your money later during negotiations. Silva, Jung and Zahra refuse to take their role as representatives of the residents seriously any time a union rears it’s ugly head and this is just another gross example.
If the Fire Heroes Union wants this bid so bad they can pay for it their damn selves considering they have no issues spending their own money to try and raise your taxes (Measure S campaigning) or to pick your City Council (campaign contributions).
Your roads suck, your services are getting more expensive and you’re constantly being asked to do more with less by City Hall and City Council. Hell, the City asked you to donate Christmas decorations this last season because they’re so broke.
Hitching to Needles…
But not broke enough to avoid spending $65k of your money to help a union at the negotiating table.
If this bid was serious then the council would be getting bids from LA Fire and Placentia as well as OCFA. That’s how you find out the best services with the most benefits fort he residents at the best price – by shopping around. So of course they don’t want to do any of that.
Later this year when the City is selling everything not nailed down, and a few things that are, remember this moment when these disingenuous liars spent your money on political theater to help out the unions who will always put their interests above your safety.
It looks like Councilman Fred Jung has appointed a FFFF ally to the Fullerton Planning Commission by way of appointing Jose Trinidad Castaneda III. While it’s true one of our authors poked fun at his failed 2018 candidacy in D5, we’re known to poke fun at anybody and aren’t a hivemind here on FFFF.
What’s important to me personally and gives me hope is that Castaneda endorsed my campaign for City Council back in 2016.
Castaneda endorsed me not once but at least twice (that I saw), which is more than I can say for a certain Orange Juice Blogger who endorsed me and then rescinded said endorsement because politics and “prior commitments” before learning I existed and was more awesome.
Here’s hoping that some of the more egregious things I’ve heard about Castaneda are not true and that he is looking to represent all of Fullerton in his new duties.
That Castaneda endorsed me in 2016 shows, if nothing else, that he made some good choices 4 years ago. Let’s hope he keeps doing the same.
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.
Why is this man smiling?
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!
Too much scotch, not enough 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.
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.
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.”
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.
Hitching to Blythe…
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?
Staying awake long enough to break the law…
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.
Can these two help bring some accountability to Fullerton?
On Tuesday two brand spanking new council members were sworn into office and I’d like to welcome them to the reindeer games of local politics. So far I like these two men even if I was put off by many of Jung’s endorsements in the lead up to the election. Money in politics is money in politics so his voting record will ultimately be the stick by which to measure him.
My personal opinions aside I want to be fair and transparent here – I will call you out on unprincipled or ridiculous votes & actions. Bruce Whitaker is my favorite local politician and I’ve throw an axe or two dozen his way when we disagreed on items. I’m not a party person so I don’t look the other way for political expedience or make exceptions for bad behavior. I don’t care about team sports – I care about what is and isn’t just and right for the people being represented. Be good stewards of your office and don’t suckle at the teat of party or local corruption and we’ll get along famously.
I’ve already seen Jung & Dunlap take some flak online for how the Mayor Pro-Tem vote went down but that’s partisan nonsense. (D)s can’t claim the moral high ground and whine that Zahra didn’t get a largely ceremonial title when he himself denied that title to Whitaker just this past year. You reap what you sow and we here at the Friend’s for Fullerton’s Future take a certain joy in pointing these karmic events out.
Therefore, Council members Dunlap & Jung, welcome to Fullerton’s political arena from one of the city’s most [choose your own pejorative] chronic malcontents. Cheers.
Last night Ahmad Zahra didn’t get what he wanted and today he’s crying on Facebook about it and I couldn’t be laughing harder at that petulant crybully.
First – this is Ahmad Zahra, council member from District 5, on Facebook bemoaning that policy wasn’t followed in snubbing him from the Mayor Pro-Tem seat last night:
The rules only matter when they benefit him…
Ceremonial selection of Mayor and Pro-Tem you say?
Ok. Let’s do this then. That ceremonial selection is actually outlined in the Fullerton Policy and Procedures Manual as Policy #226. In 2019 is was known as Administrative Policy #37.
It states that Pro-Tem becomes the next Mayor and the Pro-Tem is selected based on who has been on council the longest without having been Mayor.
In 2019 that means that Bruce Whitaker should have been chosen as this year’s Mayor Pro-Tem. Why didn’t that happen? Why was Jan Flory our Mayor Pro-Tem in 2020?
Oh. That’s right. Because Ahmad Zahra decided to vote for a “departure from city policy on the ceremonial selection of Mayor and Mayor Pro Tem”. Here’s the minutes from the meeting in question:
interestingly Silva voted against this game last year
And just because it needs to be hammered home lest Zahra try to weasel out of the official record, here’s the video of Zahra departing from policy to vote for Jan Flory over Whitaker just last year.
Looks like Zahra wants to eat his cake and have it too.
There needs to be a little more context here. We all knew Bruce was going to be Mayor this coming year if he won reelection. Fitzgerald was just Mayor, Silva right before her. Jan Flory promised she wasn’t running for another term on council. The ONLY reason why Bruce wasn’t Pro-Tem this year is because last year’s council majority hates Bruce for having the one thing they cannot stand – principles.
See above principle of consistency being lacking from Zahra.
Instead of following the gentleman’s agreement last year, they shanked Bruce for the sole reason of denying him the ability to put “Re-Elect Mayor Pro-Tem” on his campaign signs in the hopes of knocking him off of council. Thankfully it didn’t matter and he still won reelection.
This is a tactical game that plays out every few years because the Mayor and Pro-Tem tags can swing a few votes here and there.
For Zahra to pretend that he was slighted is laughable because he himself plays in these reindeer games. He just doesn’t like chickens coming home to roost and things not going his way.
This is a perfect example of everybody loving Majority Rule until the majority doesn’t give them what they want.
Let me remind you that in 2019 the council ALSO booted Whitaker off of the Water Board and gave it to newly minted council member Zahra – illegally and also out of spite. There was no reason to boot Whitaker mid-term but politics is petty and water board is a financially lucrative gig.
This time around Zahra wanted to be Mayor Pro-Tem because it positions him for Mayor in 2022 when he’s up for re-election. Provided the ladies from his district shouting to recall him don’t pull off their gambit first of course. There would have been a no-brainer case to vote for him IF he had upheld the agreement last year. He refused. Welcome to turnabout being fair play.
When it came time for the vote last night, Silva nominated Zahra and then Jung nominated Dunlap.
What happened next is both hilarious and sad and yet another example of why Zahra does’t deserve to be Mayor. The second Jung voted for Dunlap, Zahra knew he didn’t have the majority vote on council as there was no way Whitaker would vote for him after the way Zahra has treated him and Dunlap had already voted for himself as he wasn’t going to vote against himself to support Zahra. You can watch the video as Zahra just stares at Jung in disbelief and then abstains from the vote. Sadly right after the vote the video cuts to Whitaker talking so I can’t show you Zahra slamming his stuff down and storming out of the room but you can see him gone when the camera cuts back to the full dais with a missing Zahra.
Ignore Zahra’s preening as he is simply playing the victim hoping that nobody remembers that he once wielded & eagerly used the exact same knife to “skip” somebody in the vote for the ceremonial position of Mayor Pro-Tem.
Things are not going to be easy, financially or otherwise, for our little Hamlet of Malcontents in the coming years. Last night and today’s antics from Zahra and his fellow travelers should prepare us for what lies ahead as they blame everybody but themselves for what plays out.
