The Abdication

Lots of Indians, but no chiefs…

I’ve been watching Fullerton politics and governance for for a long time – since 2008 or 2009, in fact. One thing that has consistently struck me is the way in which Fullerton’s elected officials have completely and almost happily abdicated their responsibility to determine the direction of policy.

It has always been the goal, in principle if not in practice in modern representative democracy, that policy would be established by electeds, and administrated through a protected civil service bureaucracy.

Determining policy – the philosophical direction you want the town to take – isn’t easy in the “City Manager” form of government, a form deliberately created to remove any sort of executive authority from elected representatives. But with that set-up came something else, too: the difficulty of people’s representatives in establishing policy direction, and doing it without violating the Brown Act strictures on open meetings.

Nevertheless, the responsibility is still there, even if it easier to have photo ops, and ribbon cuttings and the like. Sadly our electeds have failed; failed with remarkable banality and complacency. Former Councilman and Fullerton Police Chief Pat McKinley once illustrated the point when challenged for his “failure to lead.” He exclaimed that councilmen weren’t there to lead – that was the City Manager’s job.

Lately the policy role abdication has been seen with the regurgitated, spit out, re-consumed and regurgitated again noise ordinance, an ongoing embarrassment that has plagued honest citizens for over fifteen years. I read the staff report on the recent noise effort, a report that justifies a decision to actually increase acceptable levels, protect offenders by including an ambient noise mask, and locates the noise metering away from the source whence it can be muddled by an equally noisy neighbor.

The staff report is nothing but a list of events that have occurred since 2009 when the City Council last expressed a coherent position. Nowhere in the staff report is there any discussion on the policy decisions behind any of the activities. Why not? Because there weren’t any. In the same way that the incredibly costly, drunken binge known as Downtown Fullerton has escaped any intelligent policy conversation, the noise nuisance issue, a subset of the former, has evaded policy discussion as City staff – behind the scenes – has diligently avoided doing anything to enforce existing code, and worked very hard to reduce the requirements.

So what has happened is a vacuum in which each new action seems disembodied from policy conversation; that’s because it is. And our council steadfastly refused to have an open and honest conversation of what it wants, abdicating its responsibilities.

One size fits all…

There is a long list of issues that our elected representatives should be addressing from an overarching policy level and aren’t. This sort of thing takes thought; and some hard work in ascertaining whether your city employees are really doing the thing you want; or not, as in the case of the Trail to Nowhere. It’s easier just to ram through the Consent Calendar on the nod, rubberstamp the ridiculous, clean your plate like good kids, and move on to the photo ops and the trophy ceremonies.

The Crazy Tale of JP23 Urban Kitchen

Why crazy? Well it’s not really crazy at all if you’re “Jacob” Poozhikala, the scofflaw proprietor of the notorious downtown gin joint at Harbor and Commonwealth.

JP23 is just the sort of place that the creators of DTF’s nightlife economy didn’t envision and yet have done nothing to stop.

Mr. JP (left) gets a good guy award from some Supervisor Shawn Nelson drone.

Mr. JP has been in violation of conditions placed on his permits seemingly forever, and the City government just can’t seem to screw up the courage to tell Mr. JP to go screw himself once and for all. The list of violations over the years reminds me of a lurid passage in a Dickens novel – occupancy violations crowding, cover charges, illegal occupation of substandard spaces, illegal site use (shipping containers!), etc. Even the minor requirements laid upon Mr. JP, such as exterior lighting have just been ignored.

Friends may also remember JP 23 from the incidents involving a woman who claimed she was drugged in JP23 and raped in the nearby City-owned parking structure. When protesters pestered JP23, Mr. JP’s immediate response was to sue the woman for slander and libel. He was even accused of assaulting protesters.

Without delving into the details of that awful story I will only say that the patrons of the place probably don’t exercise the greatest judgment in the first place.

Ima hit that…
Student nite at At JP23…

So what’s the latest?

Last week the City Council received an update on the status of this enterprise. Apparently, Mr. JP says he has been planning to sell his business to an eager young nephew, a gambit that has gained even more time for Poozhikala to evade making the remedial requirements demanded by the City. The alleged nephew-sale was supposed to happen last November, but still hasn’t been consummated. There are still the outstanding deficiencies to be rectified, and then there is the looming problem of the all-important new entertainment permit that has to be approved.

“You have remedies”

Our old pal, handjob lawyer Gregory Palmer stood up to bring the Council a status update on the whole affair. It was like watching an old jalopy lumber down the street. It was painful to watch this cut-rate pettifogger trying not to say things that were spelled out in the staff report, the funniest of which was:

It was very clear to all of us in the room with Mr. Pathiyil that he was nothing more than a “straw man” put up by Jacob Poozhikala to avoid his responsibility, and that Mr.Pathiyil was not a bona fide purchaser.”

In their communications, Mr. JP has declared to the City that apart from “training” his young protégé on the intricacies and mysteries of saloon owning, he will have no interest in the ongoing business. The City staff report laconically informs us that:

The purchase price for all of the business equipment, inventory and packaging; books, records and files, trademarks and trade names, as well as goodwill, was zero dollars ($0.00).

However, for some unstated reason, Mr. JP intends to remain the principle tenant of the building and supposedly collect rent from his nephew.

I’m not voting yes and you can’t make me…

Mayor Jung correctly observed the unlikelihood of Poozhikala letting go of the reins. It does seem pretty likely, as the staff report warned, that The Pooz is using his nephew to act as a decoy so a new business can be established with a new entertainment permit, unsullied by the business’s long history of bad behavior.

Finally, the report was received and filed, the issue of the permits still in the works.

And so the saga of JP23 sags along. And aren’t law-abiding citizens, taxpayers, and the owners of legitimate businesses indeed justified in calling this never-ending pas-de-deux with Mr. JP what it is? It’s crazy.

Movie Nite with Chaffee

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.

Free!

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.

A Reminder…The People of the State of California vs. Ahmad Zahra (B9447693)

Fullerton 5th District Councilman Ahmad Zahra seems to have adopted the strategy of rewriting his previous interaction with the wheels of justice, to wit: he was not arrested because nobody cuffed him and tossed him in the FPD slammer. And oh, by the way, “there was no case.”

Well there sure was a case, Friends.

Here’s what it looks like:

Looks guilty to me…

Zahra has previously claimed he was somehow exonerated, too, although he seems to think that statement is satisfactory. And yet other than his say so, he has shown no evidence to show the DA dropped the case – for any reason. Meantime, a source in the DAs office has indicated that Zahra pled guilty, did community service of some sort, and had his criminal record safely sealed.

New Source Rebuts Zahra’s Battery and Vandalism Story

Zahra-Busted
Why is this man smiling?

For months the legal jeopardy of 5th District Councilman Ahmad Zahra was a matter of speculation among Fullerton council-watchers. Zahra of course, had been arrested by his own cops and charged with battery and vandalism by the District Attorney Todd Spitzer – stemming from a September 2020 incident. Then, recently, the case miraculously disappeared from the public record. But now a source within the DAs office suggests Zahra’s recitation of these events is a self-serving tissue of lies.

Just a couple of weeks ago folks watching the City Council meeting were treated to fine example of victimology on display when Zahra declaimed the wrongs committed against him by false testimony; his declaration that he had been exonerated; his claim that he had somehow fallen prey to an antiquated justice system; that it was actually he and his poor, frightened mom who were the victims!

Here’s what Zahra subsequently said to the intrepid reporter for the Fullerton Observer, doubling down on his tale: “I was exonerated, but of course some have since tried to politicize this very unfortunate family matter. My case was clear-cut, but I feel for those with less clarity in their cases, that end up being hurt, in what is sometimes a difficult justice system to navigate.” A

But was any of that even true?

The informed source in the DAs office has completely contradicted Zahra’s story. In the revised version of the tale, Zahra pled guilty, did community service, and because his record was clean, the case was closed and expunged.

Now I don’t know about you, but to me this second account actually has the ring of truth about it. We probably won’t find out the truth now that the case is gone like the wind, but one thing is certain – this episode is going to hang around Zahra’s neck like an albatross in next year’s election.

City Dumps Poison Park on Latino Community

Yes, Friends you heard that right. In the long history of official misfeasance regarding the ill-fated “Union Pacific Park” we’ve seen stupidity, indifference, lack of accountability waste, more stupidity. A project that nobody in the community wanted, but that a fun thing for Parks Director Susan Hunt to play with, and for Redevelopment Monopoly bucks to buy, has been a humiliation for everybody involved; or should be, except that bureuacrats in Fullerton have no shame and no rear-view mirror.

But now we discover, courtesy of a 19 year-old document, something a lot more nefarious than just the usual City Hall incompetence. Consider the following letter written to local property owner Tony Bushala, from then Redevelopment flunky, Ken O’Leary.

Oops.

Here’s a smoking gun. The City had already purchased contaminated property, not bothering to employ a Phase 2 environmental assessment. And they knew that the perp was already cleaning up contamination “in the vicinity.” And yet the City proceeded building a park knowing that soils contamination was an issue surrounding the park, and evidently not giving damn whether their own soil was contaminated. So the park was built for well over a million bucks, then Lo and Behold – the park, by now renamed “Union Pacific Park,” was contaminated too. It was fenced off from the junkies and homeless and borachos that haunted it.

Naturally O’Leary is long gone, as is his boss, the ever-hapless Gary Chalupsky. Gone too are bungling bureaucrats Hunt, F. Paul Dudley, Bob Hodson, and former City Manager, Jim Armstrong, all enjoying six-figure pensions courtesy of you, me, and the people of the communidad who never wanted a park at all.

And now it seems the death march is to continue. Only recently City staff cooked up a lame scheme to put a private event center on the site, masquerading as an “educational” aquaponics farm. This hare-brained idea was ardently supported by Jesus Quirk Silva and Ahmad Zahra, two councilmen immune to common sense; and these two now, all of a sudden, want to start a whole new process to find out what the “community” wants, just like Susan Hunt did over 20 years ago. 

Zahra Battery Case Disappears From Face of Earth

Zahra-Busted
No we know why this man is smiling

As the friends already know, Last fall Fullerton Councilman Ahmad Zahra was arrested by his own cops because of some fracas he got himself involved in. He was charged by the DA with battery and vandalism.

Zahra 20NM12947 Complaint

And now that case has simply vanished:

Now you see it, now you don’t…

Hmm. Of course justice never quite runs the same course for elected folks as it does for the rest of us and we are left wondering what went on the scenes to make this record simply vanish. Was it a political deal? DA Todd Spitzer and his underling Shawn Nelson have never been known for their ethical behavior. On the other hand it may well be that the other people involved in this set-to have been persuaded that they wouldn’t make very good witnesses.

However you slice it, it smells like baloney.

More Fitzgerald Fun

I’m not telling the truth and you can’t make me…

By now all the Friends know that our former Mayor-for-Hire, Jennifer Fitzgerald, has crammed all the loot she could stuff into her bags and is hightailing it for a state that has no extradition treaty. But her name still resonates, of course – a symbol of government treasury looting.

Well, here’s something interesting- a FitzySpark story that has several layers, each one suggestive of fraud.

For the past several years Fitzgerald reveled in the title of “Vice President” of Curt Pringle and Associates, an elevated title that suggests she was a valuable employee. But was she?

Here’s a snap from a report showing that Fitzgerald received a little government stimulus cheese to help out “payroll” for her little influence peddling operation “CL& Communications.”

If the cheese stinks, nibble on it…

Hmm. So she’s working for Pringle for years and yet collecting PPO money? And of course her little one man show has been around a lot longer than 2 years or less. In fact, here is some helpful corporate info on Fitzy’s biz:

Uh oh.

Please notice that CL7 Communications has been around since 2009. Has the government been defrauded? I don’t know. You could try asking Dick Jones. Notice also that this business continued to exist through the years when Fitzgerald was supposed to be an officer of Curt Pringle Associates.

Hmm.

Now for more fun, kindly observe:

Bailed out by you and me…

It’s in my interest and that means it’s good for everybody…

Well at least Pringle’s been around longer than two years so there’s a rare bit of honesty from the greasiest lobbyist in Orange County. He got $175,000, also for “payroll” and one wonders if that included 1099 payments to Jennifer Fitzgerald, who gives every indication of not being a Pringle employee at all, but rather a contractor. And if that’s true, Pringle and Fitzgerald have violated California employment labor law and the Federal tax Code. See, the IRS wants employers to pay for stuff like Social Security and Medicare through withholding; and the State wants to make sure employees are not being exploited, and that Worker’s Comp insurance is in place by the business.

Now I don’t know that SparkyFitz wasn’t a real employee of Pringle; and I don’t know if Pringle was faking it to dodge paying taxes. But something smells here, and it isn’t overripe government cheese.

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 4

Sometimes it’s hard to tell if government bureaucracies do the things they do because of incompetence, venality, or favoritism. In the never-ending story of Fullerton’s noise regulation all three seem to be uniquely intertwined.

What is inescapable is that the City of Fullerton has striven mightily to separate the issue of nuisance noise emanating from downtown outdoor areas from both enforcement and illegality.

SlidebarMotto
A few thou here and there worked wonders…

In 2011 the ridiculous Transportation Center Specific Plan finally made it legal to propagate amplified outdoor music, thus making Jeremey Popoff’s Slidebar appear honest, although he still didn’t have a legal Conditional Use Permit. But the new regulations for noise had no more effect than Popoff’s missing CUP because the City – cops and code enforcement – refused to enforce the regulations.

A standup guy walking tall.
.

What to do? Hmm. What about throwing the issue into a miasma of bureaucratic paper shuffling so that nobody would notice what you were doing, and downtown scofflaws could actually be absolved, de jure as well as de facto?

In August, 2014 the City tried this pitch with the idea that the Noise ordinance would be updated along with great swaths of the existing land use law to make thing, you know, easier to figure out. But downtown noise played a prominent part in the discussion, if not really in the staff report. The council approved noise studies as a mechanism, a cynic might say, to avoid cracking down on Popoff, Jack Franklin’s Roscoe’s, and their ilk, because that is exactly what happened.

I’m not going to do my job and you can’t make me…

2015 rolled around and the Community Development “professionals,” led by newly minted Director Karen Haluza, were again yakking it up about revising the Code. Well, these things take time, you know, and in the late summer of 2016 the City Council finally got around to passing Ordinance 3232, a revised Code, still, with intent of instilling commonsense and clarity. The definition of amplified music was scratched out pending future action.

But whatever the motivation, the ever-shifting sands of sound gave the bureaucrats, aided and abetted by the perpetual dishonesty of City Attorney Dick Jones, the pretext they needed to bat away complaints about the illegal noise – because the issues was under study and consideration!

New in town, but he caught on quickly…

The vicious circle took yet another revolution in June of 2018 when the Council was persuaded by yet another new planning director, Ted White, to pass a Resolution of Intent to once again revise the land use codes in the interests of commonsense and clarity. Of course the Noise Ordinance and downtown noise was actually a key driver in this conversation, too. Mr. White took it upon himself to introduce a new downtown noise map where any outdoor sound would be permitted; but, the standards – 70 decibels outside and 65 decibels inside – were not to be applied to the source, but to the sensitive receptor, and the burden of proof was clearly laid at the feet of the victim, not the perpetrator of the nuisance. The bureaucracy seemed oblivious to the Armageddon of Noise they were trying to create or the sensibilities of residents adjacent to the riot zone.

The Planning Commission was finally scheduled to review the latest iteration of musical chairs in November, 2018; but the discussion was mysteriously continued for three months until February, 2019 by which time two opponents of amplified music, Nick Dunlap and Ryan Cantor had been removed from the Commission. A coincidence? Who knows? Stay tuned…

 

 

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 3

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.