Law N Disorder Archives - Friends For Fullerton's Future

July 5, 2024July 5, 2024Behind Closed Doors

More Bungling And Intransigence From Fullerton’s Underpaid Bureaucrats

On June 26th the Fullerton Planning Commission revisited the never-ending saga of a Noise Ordinance Revision, mostly as it applies to illegal noise in Downtown Fullerton, a situation that City Code Enforcement has for years been energetically ignoring. Friends may recall that the City Council bobbed and weaved on this issue at the end of 2023 and again in February, without, seemingly even bothering to read the proposed mess of an ordinance. Taking bold action the Council referred the matter back to the Planning Commission who had already rubber stamped it.

But when the PC did review the matter again, the same thing it had already approved, the Commission seemed to have developed both curiosity and courage. On March 26th they savaged the jumbled and contradictory hodgepodge and decided they had better have an on-site examination of the actual problem and the problem makers; afterward they would reconvene.

And reconvene they did, for a “workshop.” Somehow – and it’s not quite clear how – the meeting had been identified somewhere as a “public hearing,” a meeting where important discretionary decisions are made. Even the staff report contained a recommendation to approve the ordinance changes – a formal action. Some of the Commissioners wanted to shut it down then and there, and reschedule the matter; others were eager share their opinions after on-site field trips. In the end the Planning Commission continued the matter so that staff could get it right next time (they won’t).

The staff report itself contained the usual propaganda and misstatements and handwringing that have become the hallmark of Sunayana Thomas, Fullerton’s Planning Director and Economic Development expert. Here’s one:

This statement is absurd, of course.

Then there was the same old litany of difficulties in legally enforcing anything and winning in court. Jesus H., when they don’t feel like doing something they’re just weak as kittens.

Two things emerged during brief “public comments.”

First, Joshua Ferguson pointed out that the notice error was a Brown Act violation and also that a “serial meeting” had taken place. The unnamed lawyer at the meeting who is employed by “The I can’t Believe It’s A Law Firm,” claimed everything was kosher because a quorum of the Commission never met to discuss anything, which begs the question of whether staff itself can organize a serial meeting, illegal under the Brown Act.

Another thing that popped up is that staff, on its own initiative has actually now raised the allowable decibel level that they are recommending in Fullerton’s Commercial Zones to 80dBs – based, presumably, on their field adventures.

Two things remain crystal clear: City staff doesn’t want to do their jobs, and the coddling of nightclub operators abusing their 47 Licenses is going to keep happening until some City Council caves in and gives the bar owners legal license to keep doing what they’ve been doing for 20 years. The long-running effort to protect lawbreakers in Downtown Fullerton will continue for at least a while longer. And every delay makes more money flow into the pockets of the scofflaw bar owners.

June 18, 2024June 18, 2024Bad Cops

Oops, They Did It Again

by Joe Sipowicz29 Comments

Looks likes Fullerton’s cops have dispatched another wacked out trouble-maker. A few months ago they performed the same duty at the McDonald’s over on Brookhurst St., although that fellow was only wielding a belt.

Here’s the FPD statement, another self-serving literary effort, short on details, but clearly suggesting that the police ‘feared for their safety.”

Fullerton Police Dispatch received a 9-1-1 call on June 15, 2024, at 5:04 am regarding a male armed with knives and threatening people in the 200 block of E. Imperial Hwy. The reporting party told the call taker he was a victim of weapon brandishing and to send multiple officers due to the male’s dangerous behavior.

Fullerton Police Officers arrived on the scene and contacted a male adult, matching the provided description, holding what appeared to be a knife in each hand. The male was directed multiple times to drop his weapons; however, he was uncooperative with the commands. The male suddenly began running towards officers with the knives in his hands and failed to comply with commands to stop. An officer-involved shooting then occurred.

Officers began life-saving measures while paramedics responded. The suspect was transported to a local trauma center, where he was later pronounced deceased. At this time, we have no information about any injuries to witnesses or potential victims of this incident. No officers were injured.

A knife and a boxcutter were located at the scene in close proximity to the suspect (pictured below).

Photos of the knives recovered at the scene of a Fullerton PD Officer Involved Shooting.

As standard protocol, the Orange County District Attorney’s Office responded to conduct an independent investigation into the actions of the officers during this officer-involved shooting. Fullerton Police Crimes Against Persons Detectives will investigate potential criminal acts committed by the suspect.

Per State Law, we will release all relevant videos, recordings, and images via a Critical Incident Community Briefing Video within 45 days.

The deceased suspect’s identity will be released by the Orange County Coroner.

This investigation is ongoing. Based on the initial 9-1-1 call, we believe there may be others who may have witnessed or been a victim to the suspect’s actions leading up to this incident. We encourage any additional witnesses or victims to contact Fullerton PD Detective L. Ramirez at (714) 738-5334. Those wishing to provide information anonymously can call the Orange County Crime Stoppers at 1(855) TIP-OCCS or can visit their website at http://www.p3tips.com/913.

Last time the police wasted the perp with the ironically named “less lethal” projectiles. Here, no mention is made of the weapon that killed the man.

Oh, well, with our dynamic DA Todd Spitzer, the cops’ best friend we may be sure a complete investigation will be performed with attaboys all around.

May 23, 2024May 23, 2024Bad Cops

A Shameless Hustle

by Joe Sipowicz26 Comments

A good Friend received an interesting piece in the mail the other day, and sent it in to FFFF.

It’s a solicitation from Scott Flynn, President of the FPOA – Fullerton Police Officer’s Association – the cop’s union in Fullerton.

It seems your support of the police union “has been a beacon of hope that has helped fuel many initiatives to make our community a better place.” Somehow your donation helps the cops with their “support” of all sorts of philanthropic efforts. What that support might be is left to the imagination of the reader.

If you give them some big money you will get incredibly valuable gifts as a “VIP.” An “engraved” tumbler and a “custom donor plaque” will be yours for the low, low price of $1000.

Of course the solicitation is based on the idea that the giver isn’t very bright. The obvious first thought is that if you put the FPOA’s decal on you car somewhere, you might just avoid getting that next, expensive, moving violation. Could that be true? I don’t know, but the thought obviously crossed the minds of the solicitors and the donors.

Second, if you look closely at the piece you notice something interesting.

Of course this operation isn’t a non-profit and you can’t deduct your donation. In fact the FPOA exists for only two reasons: first, to use its political influence electing councilmembers to squeeze evermore higher wage and benefits out of the citizenry; and second to remain as unaccountable to the civilian authority as possible.

The whole thing is hardly different than any other mail scam trying to get people to part with their money. There is no charitable purpose here, just a way to get people to support a public employee union by pretending to be doing good works.

Why wouldn’t any intelligent person simply donate to the real and worthy charity of their choice, and get a tax deduction, too?

April 22, 2024April 27, 2024Ahmad Zahra

The Militarization of Fullerton’s Cops

by Joe Sipowicz10 Comments

“No more blood on Fullerton’s streets,” went the chant of a handful of protesters after the vote on last Tuesday’s Council Agenda Item 4. These folks were upset that the item, which was a statutory requirement that the City police department list its “military” hardware, on going running costs, and reaffirming policy to the use thereof, was passed on a 3-0 vote.

But you’re looking good, baby, I believe you’re feeling fine…

The protesters, such as they were. seemed agitated that the cops have these toys to begin with – surplus military equipment, some of it, and other weaponry that were included by the Legislature under the rubric “military.” And that’s okay. Ever since the war on terror began two decades ago, our military-industrial complex has been churning out hardware to attack, assault, disarm, kill, maim anybody that cause or accident put in the way of our military. So a lot of it, used or unused, has become surplus, and was bound to find its way into the hands of American police departments. That’s not okay.

Having the equipment – from projectile launchers to high caliber guns and assault rifles – has helped reinforce the notion of our own police as an occupying force, and is about the last mentality you want your cops to have, and leaves citizens feeling like maybe something sinister is at work. I get that.

The apologists for this item were quick to point out that the list of equipment – some of it very expensive to maintain – was for stuff the City already has, and wasn’t a shopping list, as they supposed the public speakers believed. Councilmembers Whitaker, Charles, and Zahra were happy to explain this, and reiterated the pro forma nature of the list and the policy statement. They seemed really averse to discussing the item at all, which is understandable for a politician in Fullerton; you don’t get ahead denying police their armored vehicles and, riot gear, and SWAT paraphernalia.

And so the the second issue that should have been discussed never happened at all.

Do we trust our police department to deploy their military equipment competently?

A few weeks back, as Friends may recall, FPD cops killed an evidently distressed man in front of the McDonald’s on Brookhurst St. by blasting him in the chest with multiple “less lethal” projectiles – a distinction without a difference to the dead man.

Then there was the case of Hector Hernandez who was blown away on his own property defending himself against a police dog let loose by Jonathon Ferrell – who is still on the payroll. That settlement cost $8.5 million.

I could go on and report the FPDs long history of physically abusing the citizenry – people like Veth Mam and Edward Quinonez, but really, why bother? Would you want an AK 47 or an assault vehicle in the hands of Manual Ramos, Jay Cicinelli, or Joe Wolfe? What about Christopher Wren, or Jeff Corbett, or Sonny Siliceo, just to name only a small handful of FPD’s “bad apples?”

And finally, there is this harrowing tale from 2011, when the FPD SWAT gang invaded the wrong damn house!

And just as importantly, who is going guarantee the proper training for this gear? Accountability has never been a strong suit of Fullerton’s governing personnel.

This is all certainly food for cogitation. But Fullerton, being Fullerton, nobody is going to do it, at least not anybody in authority.

April 1, 2024April 1, 2024A Step in the Right Direction

Congrats to Fullerton Planning Commission

by Mr. Peabody20 Comments

It’s pretty rare when one of our commissions really does its job, so when they do I’m happy to advertise the fact. Last week the Fullerton Planning Commission re-reviewed the noise ordinance that was kicked back to them by the City Council for further consideration, and they excelled themselves.

Their performance was so rewarding it almost makes me want to overlook the first time this group unanimously passed virtually the same proposed ordinance in November, 2023. This time they really took their jobs seriously.

The staff report for the item, given by some guy named Edgardo, was the same nonsense they pitched before, and they essentially asked the Commission to rubber stamp it yet again.

But this time there is a problem. It seems that no matter how many words they throw at the issue, staff can’t talk around their own complete lack of effort at code enforcement in Downtown Fullerton. They admit it now, claiming (without a shred of evidence) that the existing noise level is unsupportable in court, and begging the question of why amplified music is then allowed outdoors at all – it wasn’t for decades. We were informed that a “vibrant” downtown (pictures of happy people) requires more noise, not less. The underlying theme was the usual tripe: DTF is an economic asset whose saloon proprietors must be coddled at all cost. Look the other way, fast!

Incredibly, our new friend Edgardo informed the Commission that current levels of noise are acceptable to the citizenry based on the fact that so few complaints are lodged. Complete balderdash, of course. Naturally the bald declaration of “acceptability” was unsupported by any complaint data, suggesting that if there is a record, it is an embarrassing one. And the Commission learned from public speaker Joshua Ferguson that the City doesn’t bother with code enforcement and almost never has, leading Commissioner Patricia Tutor to wonder if this lack of responsiveness might have caused citizens to give up complaining.

One poor lady, the owner of Les Amis was there to push for the proposal. Unfortunately, as she admitted, she does live music in her establishment without the benefit of the required entertainment permit. Oops. Code enforcement to the rescue!

Tony Bushala got up to speak, sharing his story of being driven out of his downtown home due the noise. He also produced a lengthy list of errors and omissions in the proposed ordinance and stuff that was just contradictory. It turns out that the public and the Commission were not presented with a complete underline/strike-out version, showing pretty clearly that counsel Baron Bettenhauser of the I Can’t Believe It’s a Law Firm, had not, as he claimed, looking up from his cell phone, read the damn thing.

One zoom caller named Maureen said the smartest thing of the night. She actually suggested that without actually hearing the sound on site, she (and presumably everybody else) was at a loss to really fathom the mystery of decibel levels.

Commissioner Tutor was particularly effective in asking pertinent questions, one of which, was how come, after 10pm when music is supposed to move indoors, isn’t the decibel level lowered. A really commonsensical question. She didn’t get a commonsensical answer. The acoustical consultant from some operation called Dudek explained that during their noise collection procedure, that seemed to be the general noise level.

Oops again. Commissioner Cox pounced on the fact that the collected data was based on a noise level that was one, currently illegal; and two, based on a situation where there is no code enforcement, thus kicking up the noise level that staff was claiming was acceptable! He didn’t say so, but it was pretty clear that Mr. Dudek Guy had been receiving coaching from staff on the noise levels they found acceptable.

The other main sticking point was where to measure noise from – a certain distance from the noise source or a certain distance from the property line; two choices were offered with the greater distance being recommended. Commissioner Mansuri was unpersuaded by staff. That issue tied everybody up in knots off and on for the better part of an hour. Finally it was concluded that the noise sampling site needed a rethink.

Finally, mercifully, Commissioner Arnel Dino moved that the whole thing come back in May with the entire code changes organized and clarified and that in the interim the Planning Commissioners would go out themselves with decibel monitors and experience for themselves the problems of sound accumulation, reverberation, etc. So that’s what is going to happen. Imagine that – first hand experience without the muddled abstraction of decibel levels on a piece of paper.

As usual it was obvious that our hand-wringing staff was pursuing their path of least residence by raising sound thresholds, making it harder to enforce even that, and refusing to enforce the requirements of the bar-owners’ entertainment permits – things like closing doors and windows. How many times have we seen staff guide the consultant they chose to get what they want? Happens all the time. And how many times must the public be subjected to uninformed or misinformed opinion passed along as Gospel truth by our public employees? Happens all the time. And when will the City Council demand honesty and competence from its bureaucrats? I’m afraid we all know the answer to that.

Fullerton, being Fullerton.

March 26, 2024March 26, 2024Ahmad Zahra

Dysfunction Junction

by Disillusioned Ex-Hippy28 Comments

Denial is a fairly common human condition, but normally it involves interpersonal relationships and fact isn’t always that easy to ascertain. It is also quite common in politics where one’s emotional beliefs and prejudices are set against somebody else’s. And then there’s the case when bald facts are staring you in the face and you just can’t allow the cold truth to intrude upon your fantasy.

Nowhere is the latter situation better seen than in the City of Fullerton’s attitude and actions involving the “downtown” area.

It’s not real complicated. The City has known for almost two decades that downtown Fullerton was a money loser. A big money loser. And yet nary a word of complaint or criticism of the booze culture of downtown Fullerton has been uttered by the bureaucrats and politicians.

The most recent analysis was essayed 7 years ago. Here’s the money shot:

In 2017, the taxpayers of Fullerton were subsidizing the bar owners to the tune of almost $15,000 per liquor joint, each and every year. Three quarters of a million a year. Of course this was just for “public safety” as noted:

“We focused on the public-safety facets of this study alone, and did not include the development and maintenance services costs Fullerton audited. We illustrate below Fullerton taxpayers were effectively subsidizing bar and restaurant establishments – to the tune of about $15,000 per establishment – all to cover the costs of police, fire and rescue services provided to the establishments and their patrons.“

We know that maintenance and code enforcement and the legal services of Dick Jones and his I Can’t Believe It’s a Law Firm jack up the cost to well over a million bucks – $1.4 million being the overall cost previously discovered. And there are now over 50 bars.

Think of it. During hard times and good, the taxpayers of Fullerton subsidize the likes of the Florentine family and the Marovic mob and the Poozhikala posse, while they make a fortune peddling fish bowls of booze to out-of-control miscreants and ignoring the law.

And still City staff insists on describing downtown Fullerton a glowing success story, a triumph to be built on; of course they aided and abetted in the charade by city councils that are marked by political cupidity, stupidity and a desire to look like they have accomplished something. Anything. For decades these people have crowed about their achievements in DTF, even as they desperately crammed more and denser housing blocks in and around main streets – hoping a captive audience would somehow help. It didn’t, and by the early 2000s the City decided an open air saloon was just the thing. And then the restaurants morphed into bars and then the bars morphed, illegally at first, into nightclubs.

As things got more lawless, and even some like Dick Jones lamented the “monster” he had created, the only thing that happened was that things got worse. Blasting noise, random violence, sexual assaults, human waste, mayhem, shootings, sadistic and pervy cops – you name it – caused no retrospection in City Hall about what had, and what was happening. It was all a big victory, and you don’t second guess a victory.

Well, things are looking glum fiscally for Fullerton according to last years budget projections and we will be told Ahmad Zahra and Shana Charles that we must bear the burden of a new sales tax jack-up in order to keep the creaky old jalopy going.

I say fix the financial sinkhole that is downtown Fullerton before you stick your hands in our pockets.

October 13, 2022October 13, 2022Ahmad Zahra

Zahra in The Mail

by Joe Sipowicz12 Comments

Someone once said there is no such thing as bad publicity. I’m not sure about that.

Sometimes the truth hurts. But the Good Book says the truth will set us free.

There’s no denying it. Until Zahra shows some proof that he was exonerated as he claims, his criminal record is now history.

September 22, 2022September 22, 2022Boohooism

Movie Nite with Chaffee

by The Fullerton Harpoon12 Comments

Slimy politicians trying to buy votes is nothing new. It should be illegal. Hell, it probably is. Orange County Supervisors do it out of their offices all the time and always have. But this effort from the rodent-like Doug Chaffee, our man in Santa Ana takes the proverbial cake.

I have no idea how many of his constituents would want to do anything with Chaffee, but I bet there aren’t many. But Chaffee’s unpopularity isn’t the point. The point is people working out of a public facility doing campaign work is illegal. And that’s exactly what this.

August 21, 2022August 21, 2022About Us

Parsley, Sage, Rosemary and…

by Irving Washington4 Comments

Presented without comment, a newer model Jeep parked across the street from the Fullerton Police Department, providing a heartwarming reminder about what public service is really about:

February 16, 2022February 16, 2022About Us

WE WANT OUR SIDEWALK BACK!

by Mr. Peabody34 Comments

In Fullerton City Hall, nothing is forgotten quite so quickly as the past, particularly if that past includes malfeasance, misfeasance, incompetence or prevarication.

That’s why FFFF has made it our mission to remind folks about such egregious rip-offs as the Saga of the Florentine Sidewalk, in which a sleazy restaurant put a room addition on a public sidewalk and got away with it.

Here’s the now relevant part: The disgraced Florentine & Co. quit Fullerton last year, and the building’s owner, Mario Marovic is in the process of remodeling the exterior and interior of the building even though he doesn’t yet have the proposed CUP – so he must be pretty confident he’s going to get it. The matter comes to the Planning Commission tonight.

The staff report, as usual, is full of irrelevant crap, and completely ignores the the theft of the sidewalk, a land grab that was eventually made legal by a revised lease – with Florentine. The report also shares Marovic’s plan for the corner space at Harbor and Commonwealth, keeping the permanent structure built by Florentine!

Now that’s not very good, is it.

I doubt if anybody on the Planning Commission remembers the sordid history of this building, and you can be sure that no one on staff remembers or cares to remind them. But now is the time to get this sidewalk back!