We’re All In This Together, Right?

Dunlap-Jung
Can these two help bring some accountability to Fullerton?

Or so we are led to believe. But our public employees come first, of course.

At last night’s council meeting the discussion rolled around to what to do with $34,000.000 that will be coming Fullerton’s way courtesy of the federal governments latest orgy of largesse. Fred Jung opened the discussion with an emphasis that the City’s massive infrastructure debt be addressed. That sentiment was echoed by Councilman Dunlap and Mayor Whitaker.

Then the predictable began.

Zahra OC Register Battery

Ahmad Zahra cautioned that there might be restrictions on the money of which we are unaware and not to “count our eggs.” Of course this is code for: protect our employees.

The train of thought was weak but it sure was short…

At the 5 hour and 20 minute mark, Jesus Silva raised the topic of making our employees whole for their wonderful pay reduction sacrifices during the pandemic; City Manager Domer, reminded the council that the various bargaining units had taken pay cuts with the understanding that they would be reimbursed when new revenue was discovered (Measure S passage, no doubt, or failing that more fed bailout).

https://fullerton.granicus.com/player/clip/1265?view_id=2&redirect=true

And that’s where the discussion wandered off into bureaucratic miasma with nothing resolved and no policy established. Once again the proverbial can was kicked down the road for another day.

Yet one thing is crystal clear. A public that has suffered itself tremendously over the past year, financially, psychologically, and personally is very likely to be on the hook to recompense public employees whose incomes, jobs, health insurance, and overall well-being was guaranteed (by us) throughout.

And that’s just the way it is.

 

 

Fix The Streets Damn It!

 

20. AMERICAN RESCUE PLAN ACT UPDATE
On March 11, 2021, President Biden signed the American Rescue Plan Act which
programs over $1.9 trillion in relief funding related to the COVID-19 pandemic.
Councilmember Jung requested, with concurrence from Mayor Whitaker, to hold an initial
discussion of local funding opportunities.
Recommendation:
Provide direction as appropriate

On tomorrow night’s council agenda we see that Item #20 is a discussion about what to do with the Democrat’s Federal relief dough, estimated to be in the neighborhood of $35,000,000. That’s a nice neighborhood, especially if you’re a stumblebum city manager like Ken Domer who is hanging on to quarter mil per year job by the skin of his teeth.

Domer-Decorations
Hitching to Blythe…

This pile o’ cash is undoubtedly already attracted the attention of the Hero unions who will be clamoring for equity, parity, and any other ity they can think up. And of course Domer has been complaining about his poor, overworked skeleton staff crew, too, so there’s that.

Measure S Covid Lie

I know that the bureaucrats will be applying pressure to use the money for payroll and pensions. How do we know this? Because that’s what they were pushing hard with the late and not lamented Measure S tax. We can be sure that staff will be doing the usual song and dance about what the Biden Bucks can and cannot be spent on.

Well, here’s what I say: $35,000,000 will pay for a whole lot of paving and a whole lot of sidewalk.

Dunlap-Jung
Can these two help bring some accountability to Fullerton?

It’s painfully obvious that Councilpersons Zahra and Silva will do whatever they’re told by the City Manager. Fortunately, Councilmen Dunlap and Jung know who they work for. And it isn’t the public employee unions. That leaves Mayor Bruce Whitaker who actually helped Jung get this item on the agenda for public discussion.

 

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.

 

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 2

Al Zelinka. Failing to the top.

In the past 10 years or so, Fullerton has had four different planning directors: Al Zelinka, Karen Haluza, Ted White, and most recently an individual named Matt Foulkes. Pop quiz: what else do these folks have in common?

Haluza. The closer you looked, the worse it got.

Time’s up. Answer: none of them enforced the city’s noise ordinances, and each seemed to be dedicated to ignoring zoning and land use regulations in downtown Fullerton. We’ll get to the “why” of it in a later post. For now I want to point out the trajectory of this mess. As scofflaws like Jeremy Popoff’s odious Slidebar and the Florentine Mob’s various enterprises refused to comply with our laws, the Planning Directors noted above began an ongoing project to lower and lower the legal bar until even the lowest nematode could wriggle over it.

Ted White didn’t leave his fingerprints…he thinks…

Now if we contemplate this downward spiral of our “experts” in the Planning Department and Code Enforcement we notice that it hit a virtual rock bottom in January 2019 when Matt Foulkes pretended that he didn’t know what a property owner was and approved the submission of an official document forged by Joe Florentine pretending that he, Florentine, was an “owner.”

Matt Foulkes. The downward spiral is complete.

Of course all of this malfeasance was amply documented here on the FFFF blog. And guess what? Nobody in City Hall cared; or to be more precise, nobody cares, still. See, in Fullerton incompetency and blatant corruption are so common on the part of our City Attorney, Dick Jones and the cadre of drunk, venal and just plain dumb City Managers and staff that our threshold for outrage is as low is almost worn away.

But not quite. Stay tuned for noise. And by noise I mean the noise generated by city staff to ignore, dilute, obfuscate and dodge the Noise Ordinances.

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 1

Flory in search of the proverbial yard arm.

FFFF has published lots of posts about the way in which our highly paid “experts” in City Hall have made it their business to run interference for the numerous scofflaw bar and “club” owners downtown when it comes to ignoring annoyances like Conditions of Approval and the municipal code’s Noise Ordinance.

In City Hall, doing the right thing just wasn’t gonna happen…

Both topics have been addressed in the same way: if they can, they simply ignore the situation. The blind eye approach has worked most of time. When it hasn’t, Step 2 is invoked. Step 2 is to diligently pursue making the laws laxer, so lax in fact, that the lawbreaking is no longer lawbreaking. This bureaucratic gambit is really nice because the Planning Department Staff can always claim that something is in the works that will address the situation. Of course that’s a lie. What’s really happening is that the department is trying really hard to come up with a legal absolution so low even the lowest douchebag can slither over it.

You can take the douche out of the bag…

At every step of the way, the scofflaws – Jeremy Popoff of Slidebar fame and the Florentine Mob spring most readily to mind – lubricate the gears of Fullerton’s small town political machine who have seemed ever-ready to support the law breaking.

While we here at FFFF have extensively covered the abuse of CUPs and other land use issues, the history of the ongoing issue of nuisance noise traces a perfect trajectory of incompetence or casual corruption, or most likely, of both.

The story spans three city managers, four planning directors and a whole slew of elected ciphers who would rather defend purveyors of nuisance over the right of their constituents to quiet enjoyment of their property.

 

Parks Director Told to Hit Road

Hugo came, Hugo left…

Today the City Manager, Ken Domer notified the Parks Commission that he was canning Hugo Curiel, the guy who’s been in charge of the Parks Department for 7 years, or so. Here’s the mealy-mouthed text:

Was the handwriting on the wall?

So there was “no one single issue” leaving us to wonder what the real reasons were for letting Hugo go-go. We know it wasn’t the extravagant waste of money on a Hillcrest Park bridge; we know it wasn’t for the incredibly bungled wooden stairs project; we know it wasn’t because he ignored maintenance of existing parks; we know it wasn’t for the Strange Case of the Flipped Over SUV; we know it wasn’t because he proposed almost a million bucks to buy a 15,000 square foot lot to build a park on. Mr. Curiel survived all those disasters with his Fullerton career doing just fine.

Domer-Decorations
Hitching to Needles…

So what was it? I don’t know but it must have been something very bad, even though Domer is clear that the firing wasn’t “for cause.” So maybe it was just personal in some way, requiring “a different direction” whatever the Hell that means. And maybe it was meant as a pre-emptive bloodletting meant to forestall future personnel whackings closer to the Domer domicile.

The Cost of The Florentine Sidewalk Scam

Gone, but not quite forgotten…

Of course everybody is now familiar with how, in 2003, the Florentine Mob successfully put a permanent building on an area that only had an “outside dining” encroachment agreement. The details of the case reveal an incompetence and misfeasance on the part of city staff that is truly mind-numbing, the principle party being F. Paul Dudley, Planning Director, who “approved” the illegal permanent structure as it was being built in June, 2003. He also  seems to have personally approved a loan to the Florentine crew, and rental terms on the space that weren’t approved by the City Council.

dick-jones
Staying awake long enough to break the law…

Of course it wouldn’t be Fullerton unless our legal-eagle Dick Jones also played a part in the fiasco, and in the inevitable cover-up. He actually put his signature on a completely different agreement in August, 2003 – two months after Dudley did his sleazy back-room deal. How’s that for staggering incompetence?

The gun was smoking badly…

Note that “for some reason” the agreement was not formally executed until August. For some reason? Jesus H., Jones, did you even bother to ask why you signed something that was obsolete, or why in Hell you were signing it?

So the embarrassing enclosure was allowed to continue in July, 2003 even though the furor continued for months, and the deal was finally buried in 2004 whereby the parties involved, Shawn Nelson, Don Bankhead, Dick Jones, Mike Clesceri and Leland Wilson surely hoped it was forever interred.

Well, now it’s 2020. The legal party responsible to remove and restore the encroachment area has fled the scene, and the embarrassment of the Florentine addition that squats on public property, remains.

The owner of the rest of the building, Mr. Mario Marivic is apparently embroiled in a legal fight with the FloMob, and good luck to him. But good luck to us, too. Because we, the citizens of Fullerton, have an unowned room addition on our right-of-way, and the people on the hook for its possible removal are gone. Mr. Marovic is under no obligation to remove the structure, and he is not even under any obligation to pay the measly 25 cents per foot that the egregious F. Paul Dudley “negotiated” with the Florentines. The City’s options are limited: it can terminate the encroachment and pay to remove the building addition itself, or it can negotiate a new lease agreement with Marovic, and the sidewalk stays as is. Either way, the public loses.

So this Ghost of Incompetence Past continues to haunt us almost 20 years after the con was consummated. Mr. Dudley has been six-figure pensioned, and the inept councilmen who were indifferent to the notion of government accountability are dead or moved on. But Attorney Dick Jones is still around, profiting off of the gullibility, incompetence and militant ignorance of our “leaders.”

Florentine Forgery/Fraud Case To Go to DA?

The family goes way back…

By now the Friends are well-aware of the attempt by Joe Florentine, the scofflaw proprietor of a restaurant and bar in downtown Fullerton, to fraudulently alter and submit official documents in pursuit of a Conditional Use Permit.

He even admitted it.

Reliable sources have indicated that a criminal investigation has been opened by the Fullerton Police Department based on a complaint filed by the property owner, Mario Marovic, and passed along to the District Attorney’s office.

Now the felonious miscreance of a Fullerton Florentine family member is about as newsworthy as a mailman bitten by a dog – no surprise there. Rather, the key facts of interest in this case are that Mr. Florentine had lots of help inside City Hall, including the Planning Director, the City Manager, and of course our top-notch City Attorney, Dick Jones, who finally had to recuse himself from dispensing laughable advice due to a conflict of interest.

Domer-Decorations
Hitching to Blythe…

Apparently, City Manager Ken Domer knew exactly what was happening and was determined to proceed with the fraud anyway.

It’s hard not to believe that some fall out from this conspiracy will land in the proximity of new Councilmembers Fred Jung and Nick Dunlap, who will certainly be averse to the radioactivity. The City Manager is already on the thinnest of ice after blowing $130,000 on a marginally legal PR campaign to promote Measure S, and then unsuccessfully trying to spend another 90 grand just before Christmas to hire an expert to try to fix the budget shortfall.  City Managers are protected by contract but there is no contractual protection for a person who has violated the law. Will we soon be hiring a management search firm?

dick-jones
Staying awake long enough to break the law…

As always, Jones and Meyer are likewise compromised by their corrupt and incompetent and self-serving practices. But Dick Jones, like Talleyrand, always seems to be able to keep his head on his shoulders despite all the revolutions.

Leaving Fullerton even worse off than she found it…

 

And what was the role of Mayor-for-hire Jennifer Fitzgerald, who was the evident and malignant influence around so much of the Fullerton’s recent mismanagement and the cover-ups that inevitably followed? It’s difficult to believe that she wasn’t pushing this through for the benefit of her pals, the Florentines.

Finally, if in fact, City leaders are found culpable in this conspiracy to commit fraud, what is the legal exposure to the taxpayers of Fullerton for both the legal costs incurred by the property owner in the case, and for other damages he may have suffered?

As FFFF learns more about the status of the case we will certainly share it. City Hall probably won’t.

 

Ahmad Zahra Charged with Battery & Vandalism

Zahra-Busted

Fullerton Council member and wannabe Mayor Pro-Tem Ahmad Zahra has been charged with battery & vandalism here in Fullerton.

You can find a copy of the complaint as filed by the Orange County District Attorney [HERE]. The counts are as follows (emphasis in original):

“Count 1: On or about September 20, 2020, in violation of Sections 594(a) / (b) (2) (A) of the Penal Code (VANDALISM UNDER $400), a MISDEMEANOR, AHMAD ZAHRA did maliciously and unlawfully deface with graffiti and other inscribed material, damage, and destroy CELL PHONE, real and personal property belonging to MONICA F, in an amount less than four hundred dollars ($400).

 

“COUNT 2: On or about September 20, 2020, in violation of Section 242 of the Penal Code, (BATTERY), a MISDEMEANOR, AHMAD ZAHRA, did willfully and unlawfully use force and violence upon the person of MONICA F.”

The incidents appear to have taken place on 20 September 2020 with nary a word from anybody at City Hall to the public. It looks like Fullerton is once again up to their old Joe Felz & Chief Hendricks tricks.

Before anybody question is there is perhaps ANOTHER Ahmad Zahra being charged, here’s the incident log from Fullerton PD (with Ahmad’s address redacted by me):

Ahmad Zahra PD Arrest

Here is the case detail should you want to confirm it yourself with an OC Courts Criminal Case search:

Zahra OC Courts Charges

He was arrested for assault but charged with battery as seen in the arrest report versus the criminal complaint filed by the DA.

The arresting officer put “240” which is:

240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

The Courts have him charged with “242” which is:

242. A battery is any willful and unlawful use of force or violence upon the person of another.

When Zahra was whining and preening that he deserved to be Mayor Pro-Tem he was lying by omission and not telling you that he was, AT THAT VERY MOMENT, facing charges for battery and ticketed with vandalism in what looks like a possible domestic violence crime.

Seems that Zahra was sanctimoniously complaining about what he himself called a “ceremonial” position all the while hoping you wouldn’t find out about his apparent criminal conduct.

We’ll continue to follow this story as it develops. If nothing else it should be interesting to see which OC Dems run to Zahra’s defense or if they’ll stay quiet while hoping, just like with everything else that smears their team, if they ignore it long enough maybe it will just go away and inconvenient victims, including #YesAllWomen, be damned.

If we’re lucky we might get a patented CA (D) “I made a bad mistake, I should have stood up and … drove back to my house” or maybe the “I was set up” defense. Who knows, maybe those are only reserved for the higher-ups in the party.

We’re Still Being Stonewalled on Police Misconduct

Nothing to See Here

If you recall, I’m suing Fullerton because they suck at following the law when it comes to turning over records – especially related to police or employee misconduct.

By way of example as it is also a part of my case, let us focus on the case that brought me to this blog – FPD giving then City Manager Joe Felz a ride home after he drunkenly hit a tree on election night in 2016.

At that time the City wasn’t legally required to tell us anything because the public had no right to know when the people we pay break the law and the cops cover it up. This blog doggedly pursued the story and forced the city to do an investigation. That’s right, we forced their hands.

That investigation led to the termination of one Sergeant Rodger Corbett for falsifying a police report. Instead of Corbett doing his job, Joe Felz was given a ride home because despite FPD celebrating and getting awards for all of the drunks they pull over in Fullerton, hypocrisy and special favors was the order of the day when the law pertained for Fitzgerald friend Felz.

Skip ahead and in 2019 the law changed when SB1421 went into effect. That law change required police to turn over files on various issues including “sustained findings” of dishonesty which includes falsifying reports. As such I requested the pertinent files in the Felz caper on 01 January 2019 and here we are two weeks away from the 2 year anniversary of that request with no records to show for it.

I sued the city in Oct 2019. It’s now mid-December 2020. So much for transparency. (more…)