A New-ish Council This Way Comes

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.

Election Meddling – Silva’s $400,000 Arrogance

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.

https://www.fullertonsfuture.org/2018/chaffee-quits/

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…)

Campaign Mail – Quirk-Silva’s Irony

It’s junk mail season and time to keep an eye on the nonsense being sent out by and for candidates and issues. One of the best pieces we’ve seen thus far in the cycle is this little nugget from the CADEM’s supporting Sharon Quirk-Silva for Assembly.

SQS Ford Irony
But just her?

They believe HER.

The irony and timing on this is pretty great considering that Quirk-Silva herself is being investigated by the State Assembly for political retaliation against Daniel Fierro, by way of trying to pressure fellow (D) Fullerton council candidate Ahmad Zahra into dropping Fierro as a client.

But they believe HER.

If you make a sexual assault claim against an SQS ally she’ll allegedly retaliate against you, as will her husband Council member Jesus Silva.

And yet they believe HER.

Riiiiight.

This is partisan schtick at it’s worst and I almost expect this to backfire spectacularly.

Where was this #IBelieveHer version of Sharon Quirk-Silva when Fullerton Officer Albert Rincon was being accused of sexually assaulting 7 women and costing the taxpayers of Fullerton $350,000?

Where was this #IBelieveHer Quirk-Silva when a judge said of that case:

“At the end of the day, the city put Rincon back onto the streets to continue arresting women despite a pattern of sexual harassment allegations. A reasonable juror could conclude based on these facts, that the city simply did not care what officers did to women during arrest,”.

For those of you wondering about the timeline on all this regarding Rincon and Quirk-Silva – from that same Oct 2011 article:

The Rincon case began in 2008, when Kari Bode and Gina Nastasi accused Rincon of groping them and exposing their breasts. They sued the department in 2009.

So where was #IBelieveHer Sharon Quirk-Silva when Officer Albert Rincon was allegedly molesting women on our city streets?

Oh. She was Mayor.

SQS Mayor Timeline

She was Mayor again in 2012 AFTER that Judge rebuked Fullerton for doing essentially nothing to an officer accused of at least 7 known alleged accounts of sexual assault under the color of authority.

And she seems to have done nothing. Apparently appeasing the police union was more important than Believing those women.

To make matters worse – Sharon Quirk-Silva just 6 short weeks ago, voted AGAINST SB1421 AND AB748.

After Jerry Brown sided against SQS and signed both of those bills into law, the ACLU stated:

“Together, SB 1421 and AB 748 will shine a much-needed light on police violence and abuse. Specifically, SB 1421 restores the public’s right to know how departments investigate and hold accountable those officers who abuse their power to frame, sexually assault, or kill members of the public. AB 748 will ensure law enforcement agencies throughout the state release police recordings of serious uses of force, including body camera footage, which are valuable tools for civilian oversight at a time of growing concern with police violence.”

SB 1421 is especially problematic for Quirk-Silva’s “#IBelieveHer” narrative in that it will make public some information specific to the powers of police officers, especially regarding sexual assault tied to the abuse of power to coerce a victim into sexual acts.

SB1421 directly addresses the problems with Officer Rincon and how it was handled within FPD and our city. Thus despite her firsthand knowledge of the problems being addressed by these bills from her time as our Mayor she opted to side with those who would abuse their power rather than the victims and the public seeking information about bad actors in uniform.

Yet they believe HER.

This is because Sharon Quirk-Silva apparently only “Believes Her” when the “her” in question can be used as a political cudgel against her opponents or to rally her more rabid base of supporters. When it comes to actually believing victims of sexual assault, in the end Sharon Quirk-Silva’ actions speak louder than her words. She can be counted on to run the gamut of doing nothing to actively, allegedly, trying to silence the victim and ultimately voted to keep information about official misconduct quiet.

Quirk-Silva Duo Under Investigation for Retaliation Against Sexual Assault Victim

Here’s a convoluted story from the Los Cerritos News about Fullerton councilmember Jesus Silva and his wife, California State Assemblywoman Sharon Quirk-Silva.

EXCLUSIVE: Fullerton Asm. Quirk-Silva Under Investigation for Influence Peddling and Retaliation Against Accuser of Asm. Cristina Garcia

The California State Assembly investigation involving groping allegations against Assemblywoman Cristina Garcia leveled by Cerritos resident Daniel Fierro has morphed into a wide-ranging political influence and retaliation investigation revolving around Garcia, 65th District Assemblywoman Sharon Quirk-Silva (D-Fullerton), and her husband, Fullerton Council Member Jesus Silva.

Jesus and Sharon are accused of threatening a businessman with political retribution if he didn’t fire a public relations firm run by Daniel Fierro, a former Assembly staffer who accused Assemblywoman Cristina Garcia (D) of groping him earlier this year.

During the meeting, Quirk-Silva echoed her husband’s statements and made it clear to the businessman that he should fire Fierro because of his sexual harassment and groping allegations against Garcia.

The reportedly shocked businessman was then told that “not doing so might result in her [Garcia’s] political disfavor.”

Quirk-Silva denied all of the allegations via her office’s spokesperson. But if they are true, they could have serious implications for Fullerton’s political power duo. Would the Quirk-Silva’s really engage in threats of retribution against the victim of sexual assault? That doesn’t seem like a good choice in the current era.

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

“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.

Rough cut

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.

The Waiver

Gravity asserts itself…

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.

 

 

Felz Gets a Trial Date

I’ll drink to that!

It’s been almost one year since former Fullerton City manager, Joe Felz, embarked on his infamous Wild Ride after an evening of drinking at election night parties in the Downtown Fullerton gin mills he worked so tirelessly to protect.

We all know how the drive home went wrong: Felz lost control of his vehicle on Glenwood Drive, drove over a tree, and tried to get away – in violation of the law. We also know that the Fullerton cops gave Joe a free pass and a ride home, many believe on the instructions of outgoing Cop-in-Charge, Danny “Gallahad” Hughes. That would be a crime, too – obstruction of justice, which is exactly what is asserted by District Attorney investigator, Abraham Santos.

Anyway, Felz has been charged with drunk driving by the DA, but the collusion to protect the City Manager has not been addressed and it never will be. That would set a very bad precedent, wouldn’t it?

On January 16, 2018 it looks like Wild Ride Felz is going to get his day in court as he has pleaded innocent to the charges. And since there is no evidence of his inebriation we all reckon the deal will be “dry reckless” driving, and case closed.


Rest assured, FFFF will be present to record and report the court proceedings.

The Quick Brown Fox

Governor Jerry Brown paid a visit to downtown Fullerton on Wednesday, where it looks like he took a tour of the still-unfinished Fullerton Fox Theater with a rabble of current and former local officials in tow. Surely he was impressed.

OK, maybe not.

But why would Jerry Brown fly down to Fullerton to look inside some flopped redevelopment project?

One could guess that battleground Assemblymember Sharon Quirk-Silva invited Brown to pitch some sort of state subsidy to rescue the project; a thinly veiled attempt to buy voters in one district with the rest of the state’s resources. You can tell an opportunity is at hand by the way the local bush league politicos are salivating all over Brown’s loafers. Hopefully someone had a towel handy.

But all of that is just fine. Why shouldn’t residents of Escondido, Bakersfield and Elk Grove pay for decades of Fullerton’s redevelopment screw ups? Mr. Brown, if there’s money to burn on a movie theater, maybe you can fix our decrepit roads and crumbling bridges, too?