Flory Puts Grudge Over Law

Brown Act

Well, it took precisely one meeting for Jan Flory to bring her bitter, mean spirited and petty nonsense back to the dais. And we have Ahmad Zahra to thank for that return. With the claim of experience and I quote, “no scandals”, as her selling points before being anointed I suppose it’s once again up to us malcontents to knock those talking points down.

In what was clearly a Brown Act violation the council voted to shank Bruce Whitaker and remove him from the Orange County Water Board and replace him with Zahra before Whitaker’s term has expired.

Gee, it doesn’t look like they agendized that…

The City Manager was contacted about this possibly illegal action and “after further consideration” from the city attorney they’ve repealed the illegal action and put it back on the agenda to make sure they shank Whitaker legally. Let us be honest here and admit that The Other Dick Jones™ never gave this any consideration in the first place. Man, not even one meeting with Flory back and the law has already been thrown to four-winds over the pettiest of nonsense. So much for experience and lack of scandals – something we’ll be talking more about in the coming days.

This move to go after Whitaker was payback from 2016 pure and simple.

It stems from Flory being bitter because after she left council in 2016 she wasn’t reappointed to the Orange County Water District board despite bringing a group of FlorBots to city council to lobby for her. The council voted at that time to appoint Whitaker under the premise that Flory was no longer on council by her own choosing and a sitting council member should represent the citizens of Fullerton on the advisory board. This was a decision I supported at the time and stand by today. Flory at last week’s meeting lamented her being removed “mid-term” from the board which is absolute revisionist history but alas now she’s playing up being a victim with a false narrative. Oy.

Add this to Fitzgrald’s willingness to take a stab at Whitaker at any time over nearly any issue and Zahra’s complete lack of guiding principles and this is what Fullerton gets. It’s gross, it’s petty, it was illegal and it’s going to be the new normal.

Despite neither Whitaker or Zahra being mentioned in the agenda and Zahra only being mentioned in the agenda materials relating to Flory appointing people to boards, hence the Brown Act violation and repealing of the outcome, Whitaker was removed and Zahra was put in his place.

Hmm, that doesn’t seem to be what they did last night…

A cynical mind would wonder if this is what Zahra was promised in exchange for selling out the citizens of Fullerton in the Flory appointment farce. Being that the OCWD appointment wasn’t on the agenda, outside of it being listed as something the council (not Flory) appoints one would be hard pressed to believe that Whitaker’s removal wasn’t planned in advance. Silva having a well written and prepared statement also points to this being pre-planned which ALSO likely means a serial meeting was held – also violating the Brown Act. Good luck proving all that, but it’s the way things are done in Open and Transparent Fullerton – just ask Zahra how many candidates he met with privately during the vacancy process for proof of this concept.

A backroom deal over the OCWD seat would certainly explain Zahra’s immediate about face and willingness to throw transparency and openness out of the window in support of the bitter bureaucracy booster and “scandal free” Flory family.

Well, they are The Heart of the City!

It’s rather sad as Zahra seemed like a man of principle for precisely one meeting. Since then we’re seeing more and more evidence that he has no integrity and this last Tuesday continues to confirm that he’s a man of little character and a whole lot of bluster. While he works to build his legacy and name recognition we’ll be here to keep you appraised of his and his cohort’s shenanigans and malfeasance. We’ll also keep your appraised of “scandal free” and “ready to go” Jan Flory’s performance.

Downtown Rules Apply or They Don’t

welcome-to-fullerton

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.

SlidebarMotto

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.

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Flory Wins Wheel of Candidates

Accountability? It was never on the agenda.

Well, that was predictable.

In fact, after breaking up the FFFF kitty last night, those betting $1 on Jan Flory only got $0.98 back. Everyone knew it was coming.

Why? Because Fullerton gonna Fullerton and the house always wins. There was never any real chance that anyone was going to do the right thing. Ahmad Zahra of 2018 has clearly been through the establishment sheep dip, emerging as the self-righteous lecturer Ahmad Zahra 2.0 of 2019.

You didn’t know what the NUFF forum was for you to learn about a candidate so you could come speak your piece during last night’s public comment period? Ahmad is offended!

You don’t care about Ahmad’s latest sob story justifying his total lack of conviction to do the right thing by the voter? Ahmad is offended!

You expected Ahmad to abide by his word and not vote for someone lobbying for a position that hadn’t even been announced? Ahmad is offended!

Well, we can see where this is going to go for the next four years. Maybe we’ll start keeping a list of reasons why Ahmad is exempt from being held accountable for his own actions and statements. Excuses seem to be his tool of choice.

As for Jesús Silva, Fullerton’s next liberal lion, he just sold out his wife and the rest of Fullerton’s liberal cabal by granting a third vote to continue enforcement of Chevron’s development agreement for West Coyote Hills. There’s a flip flop that would even make Doug Chaffee envious. Sorry Fullerton, the bulldozer is coming, all thanks to Jesús.

No surprises from Fullerton’s Queen-of-Mean Jennifer Fitzgerald. One has to wonder what all those whispers between her, Ahmad, Jesús, and City Manager Ken Domer were all about.

As the council begins to tackle the problems created by their predecessors, at least they’ll be able to look over to the left and ask Jan Flory directly, “Remind us again, why did you do that?”

We, the collective imbalance that is FFFF, look forward to hearing how Indivisible types attempt to exculpate themselves as they realize their progressive reformers are actually no different from the cronyistic corporatists they despise.

My Council Speech from Tonight

I really don’t have much to say that I haven’t said at this dais before, or which hasn’t been reported by local media such as the Voice of OC.

It’s my opinion that this whole process has been riddled with malfeasance and corruption since the get-go. Yes Councilmember Zahra, there is plenty of blame to go around and money is an issue but that doesn’t excuse the way the city has handled this issue including changing our municipal code on election day.

Tonight’s issue has been so mired in the muck that even after you directed staff to reach out to the Neighbors United for Fullerton to have them change their meeting agenda and NUFF was gracious enough to accommodate your last minute favor – two of you snubbed them, disrespected the citizens, abdicated your moral authority on even the pretense of openness and transparency and you insulted all of the people who put themselves up for consideration.

I know about the lobbying by power brokers and the behind the scenes closed door meetings on both sides of the aisle as you preen and haggle to get your anointed pick onto the dais.

It was obvious a month ago who was the favorite before we the people even knew how the process would play out legally. That’s how baked into the cake the corruption and dishonesty is in Fullerton.

But I’m here to dare you to be better than you think you can be and better than you have been in the past. I’m here to dare you to be open and honest and to give the people a chance to vote for their own representation with a special election.

Regarding cost, It may have been hard to look at a struggling mother and explain where this $400,000 might be spent but as a struggling father of 3 I ask if you looked her in the face and explained why 70+% of our general fund goes to salaries and pensions to support people to do jobs we then don’t have the funds to complete – such as our aging infrastructure including that dark park?

If the cost is truly too much to bear then I can offer you a compromise. Everybody who tunes into these meetings knows that Whitaker doesn’t like me because I ran in the Newman recall instead of supporting him. Silva doesn’t like me for calling him out both here and on the FFFF blog time and again. Fitzgerald – well that list to too long to recount here but suffice it to say she and I won’t be getting tea anytime soon. And Zahra – he’ll learn if he hasn’t already.

I’m the one guy none of you wants up on that dais. I’m a “chronic malcontent”, I pick on everybody in power, I don’t smile enough and I have this beard. I have it on good authority that this beard alone disqualifies me with half of the city.

And all of that means that I can’t win reelection. I obviously won’t be tightly allied with any of you so you’ll have to compromise and work together to find solutions that aren’t one-sided nonsense and best of all my blogging by virtue of the brown act will all but need to cease and who of you wouldn’t see that as a bonus?

You know I’ve read the budget, you know I’m well versed in city issues and oh who are we kidding here – even if I was the best candidate this was done before it started. I didn’t throw my name in because I wanted the position – I put my name in to highlight the corruption and ridiculousness of this travesty of a process. The process ended up being worse than I anticipated so my goals were on point.

In summation I dare you to be better than yourselves. To actually embrace openness and transparency and to give the people the voice that you’ve been trying so hard to deny them.

Funeral for Fullerton’s GOP on Tuesday

GOP-death-feature-image-4

There has been a lot of talk lately about the problems, changing issues and demographic shifts which have basically killed the CA and OC (R) parties. We’re yet to really see anybody do a post-mortem on Fullerton so here I am to explain why Fullerton is going to get higher taxes and no accountability in the days to come using just our recent past.

While Gil Cisneros bought and took a long held (R) Congressional seat and Doug Chaffee bought and flipped a (R) Supervisor’s seat, the shift in parties in Fullerton is more nuanced and problematic.

Fullerton’s (R)s aren’t in demise because Silva beat Sebourn – Fullerton completely lost their (R) bonafides when Jennifer Fitzgerald joined our council.

Fullerton, for the last 6 years, had a 3-2 (R) majority on council. You wouldn’t know it, because despite being a (R) and a darling of the (R) power brokers in OC politics such as Ed Royce, Shawn Nelson and the rest, she spent more time voting to give the 2 (D)s a majority on council than standing behind her own talking points and election material. Cronyism? She’d vote for it. Non-competitive contracts? Yeaup. Huge pay and benefit giveaways to our heroes? Obviously. There rarely seemed to be an issue on the (R) platform she wouldn’t throw to the wolves. While this isn’t new for Fullerton (R)s, per se, Fitzgerald encapsulates everything that has cost the (R)s so dearly. Sure, she made some noise on SB54 that comes out of the quasi-GOP handbook but that wasn’t a policy issue that impacted Fullerton so much as a soapbox to pretend she has some sort of principles.

Over the years Jennifer Fitzgerald was always ready to vote with Doug Chaffee and especially Jan Flory in order to shaft taxpayers and give government employees, employees with no accountability or real oversight, more and more and more while our services dwindled and our city suffered.

I can’t even count the times that fellow (R)s Bruce Whitaker and Greg Sebourn were on the opposite side of the vote from Fitzgerald.

When she ran in 2012 she ran on ending pension spiking and all of the things that (R)s claim to care about and then she spent 4 years betraying her entire campaign website. Yet this isn’t just a post-mortem of Fitzgerald’s current time on council. This is one of the OCGOP and Fullerton (R)s.

Her abysmal record should have sent her packing in 2016 but instead the OC GOP stood strong behind her with Royce, Nelson and the rest handing her endorsements and support which helped her secure more funding and the W. All this in spite of flat out lying about Fullerton’s “Balanced Budget”.

When your party has no ideology and will support cronies for the sake of cronyism you become nearly indistinguishable from the opposition – especially when you vote with them the majority of the time.

It was no surprise that Jesus Silva beat Greg Sebourn in Fullerton’s 3rd District. I like Greg and I think he is a better choice for council but he isn’t on the payroll of a lobbying firm and doesn’t seem to play the crony game and therefore the OC GOP had little use for him and let him twist in the wind. Bruce Whitaker was the obvious choice for LA/OC/SB (R)s to send to Sacramento in the Newman Recall and yet they backed the empty suit that is Ling Ling Chang. All of these problems are the makings of the blind allegiance of (R) voters to their party elders who do nothing but sell them out.

Fullerton has real problems which require real solutions. Our budgets are getting worse and our services are getting sparser. By way of example, we don’t have the staffing to read water meters within the required 60 day window of billing cycles so people are being overcharged for water and there seems to be no recourse. Our parks are falling apart unless we manage to secure state grants to fix them and our roads continue to be in terrible shape. The list of issues that are going to require adult math and belt tightening, especially in regards to Police and Fire, is long. (more…)

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.

Chaffee’s Last Crony Grasp on Council

SONY DSC

Just when I was preparing to see a new chapter of shenanigans in Fullerton coming from our new council, instead from the realm of ARE YOU F^&$&ING KIDDING ME comes Doug Chaffee trying to slap Fullerton with one more bit of cronyism before he leaves to play at the county level.

Less than two short weeks ago the council voted, 3-2 (Sebourn, Silva & Whitaker vs Fitzgerald & Chaffee) against an unsolicited bid for a hotel on the parking lot near the train station at Santa Fe and Ponoma. Cooler heads prevailed and a more open, transparent and honest process was suggested.

Now Chaffee, who per the City Manager agendized this item, wants to crush that transparency and openness in his last meeting this coming Tuesday. To make matters more unpalatable the council/staff arranged the agenda to swear in our new council member (Zahra) and say goodbye to the ones leaving (Sebourn & Chaffee) AFTER they vote again on this hotel nonsense. For the uninitiated there is a vendor who wants to build a hotel and Fitzgerald and Chaffee want to hand it off to them without opening a bid process to interested parties. It’s cronyism and backroom dealing 101.

Agenda-NewCouncilHotel

This is truly a slap in the face to both Ahmad Zahra and District 5 as this new development would be in their neighborhood and the first District 5 candidate will have no say on it because the agenda lets Zahra join council mere moments AFTER this hotel’s fate is already decided.

This coming back this quickly means one thing and one thing only – somebody got to Silva* as he’s the likely weak link on this issue.

For reference here’s what Silva said about the ENA at the last meeting at approximately the 3:30:12 mark:

“I think an RFP, or a bidding, would help the city I think, would help us get the best possible product. Competition drives,  brings out the best in you. And I think having that can bring out the best in the current applicant and someone else.”

We’ll see if Silva still believes this on Tuesday or if all of the sudden competition is less important than craven cronyism.  Even if it’s the case that Silva changed his mind, does he really think so little of fellow Democrat Ahmad Zahra that he’ll prevent him from voting on an issue that residents of District 5 have officially elected him to decide on?

This is just dumb, unnecessary, and silly. One can’t help but wonder if this is really Doug Chaffee being that tone deaf or if it’s really retribution for Ahmad Zahra winning a seat his wife coveted in the first place.

Because, and let’s be honest, if Paulette Marshall Chaffee won this election, Doug wouldn’t be preventing her from voting on Tuesday.

cronyism-kills

*it’s possible that Whitaker or Sebourn were flipped but they had stronger arguments than Silva and are more ideologically opposed to cronyism.

City is Still Shilling for Bar Owners

cronyism

For the last, well forever really, the city has been trying to figure out how to change downtown to make it more… something. I can’t quite figure it out. By the looks of it the only goals City Staff have are to pack as many residents into as many high-density apartment complexes as possible and to hand over as much of Downtown to the local “restauranteurs” which is Ted White (Director of Community Development) for “Bar Owners”.

This past Wednesday night one such plan hit our Planning Commission. The plan was 70+ pages of muddled definitions and empty promises. I’ll summarize:

City Staff has been ignoring their jobs and our municipal code for 15+ years because reasons. It’s hard to do the job we pay them to do so they want to do less of it and they want to relax the rules so the rule-breakers have fewer rules they have to break while making piles of money.

Instead of cleaning up bad definitions and attempting to hold businesses responsible for the melees enveloping downtown each weekend, the city would rather permanently legalize downtown getting louder and more rowdy with the promises that this time, with no indication of staffing changes or practical enforcement, they’ll hold bar owners to a standard of behavior, or perhaps a guideline, or at least an amorphous shape resembling a line if you squint really hard.

It reminds me an old UN Peacekeeper joke where whenever they see somebody doing something wrong they yell “Stop! Or I’ll Yell “Stop!” Again!”. This time they mean it for realsies.

Ultimately Wednesday’s item was held until a possible study session in January and a new meeting in February, which is when we’re totally screwed. The bar owners will get everything they want and then some come February because the Planning Commission is changing. A lot. (more…)

To Do #1: Council Vacancy Appointment

Editor’s Note: We, like you, are a little tired of last minute complex topics tossed into an agenda dripping with staff’s obfuscation and drowned in legalese. We’ve recruited a former policy aide to provide FFFF readers with some perspective on current and emerging issues to be placed before the Fullerton City Council over the course of the next year.  Our retired insider published a list of 100 topics for discussion yesterday.

 This is the first post in a series to talk about policy impacting our budget and our lives.  Say what you’d like about FFFF’s motives, but if we don’t break this stuff down to talk about it, who will?

With that, here’s The Fullerton Bagman with Council’s first item to resolve next year.

Hello Fullertonians:

I’ve been involved in government for a long time. Sometimes it’s a great experience, sometimes it’s not. For those of you familiar with this blog’s coverage of The Seven Walls of Government, this is what we’ll be confronting directly.

I don’t expect anyone in Fullerton to actually scale all seven walls and affect change, but I will equip you with a bare minimum necessary to side-step staff reports and speak to the issue at hand.  Council may still ignore you, but at least you won’t be dependent upon drinking from their tainted well to quench the crushing thirst of ignorance.

Going forward, I and other members of the FFFF staff will provide you with a standardized one or two page summary of a critical issue facing Fullerton, free of bureaucratic interference and gobbledygook.

Issue #1: Council Vacancy Appointment

WHAT IS THE PROBLEM?

As a result of Jesus Silva winning election as District 3’s elected representative, he must vacate his current at-large elected seat. This results in four elected officials on a body with five seats.

All decisions require a majority vote (2 of 3, 3 of 4, or 3 of 5) of Council, with some votes requiring three votes specifically. With an empty seat on Council, some issues may not get resolved because of a 2-2 split or a 2-1 split in the case of a recusal for items requiring three votes.

In the case of a split, by law, the Council’s official action is to take no action.

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Council’s 2019 To-Do List

The transition to District elections is proceeding smoothly.

Well, the election is over. Silva won, Sebourn lost.  Zahra won in District 5. The circle of political life turns once more as light falls on a new day in Fullerton.

Now that all the sign waiving, sign stealing, and empty-promise making is done, let’s take a look at the problems these poor fellows signed up to solve.

We’ve listed 100 discussion items in 27 different categories that likely need to be addressed in the next year. Feel free to add your own.

Here’s hoping Fullerton voters elected people who are intelligent, responsible, and accountable.

  1. Council Vacancy Appointment/Special Election
  2. Major Organizational Change at the Police Department
    • Hiring a New Police Chief
    • Hiring Two New Police Captains
  3. Police Department Reputation and Morale Management
    • ex-Sargent Corbett Criminal Trial (on duty)
    • ex-Chief Hendricks Criminal Trial (not on duty)
    • Captain Oliveras Criminal Trial (not on duty)
    • ex-officers Cicinelli and Wolfe Civil Trial (on duty)
    • Open and Anticipated Civil Trials
    • Citizen Oversight of Police Department
  4. Infrastructure Management
    • Roads and Bridges, $100,000,000 shortfall
    • Water Lines
    • Impact of HSR and Transportation Center
  5. Water Rate Hike
  6. Hunt Library Sale/Long Range Plan
  7. Property Rezoning/Higher Density Development
    • Developer Fee Reorganization
    • Form Based Code (Downtown Core and Corridors-Lite)
    • Kimberly Clark Sale/Re-purpose
  8. New Permanent Fire Chief
  9. Labor Negotiations
  10. Lawsuits Not Related to The Police Department
    • City Liability
      • Traffic Accidents (this is most of them)
      • Public Injury (parks, sidewalks, etc.)
      • Employment/Discrimination (we’ve only heard rumors)
    • Land Use/Consent Decree/Compliance
  11. Downtown Gameplan
    • Paid Parking
    • Business Improvement District (BID)
    • Conditional Use Permit (CUP) / Administrative Restaurant Use Permit (ARUP) revisions
    • Code Enforcement
  12. West Coyote Hills
  13. City Attorney Rebid
  14. City Wide Overnight Parking
  15. FJC Football Stadium
  16. CSUF “Collegetown” Expansion
  17. Homelessness
    • Fullerton Shelter
    • Anti-Camping Code Enforcement
    • Church-Run-Shelter Code Revisions
    • County-Wide Permanent Supportive Housing Project
  18. The Budget
    • Sales Tax
    • Parcel Tax
    • Utility Tax
    • Outsourcing
      • Police
        • Jail
        • Patrol
        • Dispatch
        • Other Services (Parking, etc.)
      • Fire
        • North County JPA
        • County Fire
        • Paramedic/Ambulance Contract
      • Library
        • County
        • Private
      • Parks
        • Public-Private Partnership
        • Sale/Joint Use Agreements (i.e. School District)
      • Public Works
      • Water Utility
        • Sale to Private Ownership
        • Contract for management
    • CALPERS Participation
    • Long Term Staffing Plan
  19. Brea Dam Lease
  20. Street Cars
    • Harbor to Disneyland
    • Transportation Center to CSUF
  21. Marijuana
    • Illegal Dispensary Closures
    • Continuing Code Enforcement
    • Municipal Code Revisions to Allow Use
  22. Water and Drought Management
    • OCWD Participation
      • North Basin Plume
      • Poseidon
      • Additional aquifer extraction/recharge
    • MWD Participation
      • Twin Tunnels Participation
      • Long Term Water Rate Purchases
      • Colorado River Curtailment
  23. Hillcrest Park Phase 2 and 3
  24. Address Chronic Leak Culture
  25. Property Sales/Use
    • Basque Yard
    • Others
    • Redevelopment Wrap Up
  26. Fox Theater Parking Structure
    • Periphery Property Sale/Use
    • Parking Structure Building and Funding
  27. Mills Act