Dysfunction Junction

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.

Business is booming…

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.

Another award!

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.

I can keep this up all night…

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.

An Unhappy Anniversary

And what anniversary might that be, Friends may be asking.

Not gone, but almost forgotten…

This Wednesday, March 27th, marks the one-year anniversary of a deadline date agreed to by the City of Fullerton and one Mario Marovic, a downtown bar owner. Not much of a deadline, huh?

Hey, that’s not yours!

By March 27th, 2023, Mr. Marovic was required to have started demolition of the so-called “bump out,” an illegally constructed room addition built by the Florentine Mob two decades ago on City property. Marovic had gotten rid of the Florentines, finally, but decided that the leasehold on the room addition was somehow ripe for the encroaching. So he began remodel work on the leasehold right along with the rest of the building that he does own.

Busted.

Meet the new proprietor, same as the old proprietor…

But Fullerton being Fullerton, where nothing seems to be done right in City Hall, and where downtown scofflaw saloon owners do whatever the Hell they please, Marovic seems to have decided that the deadline meant, and means, nothing. And why should he believe otherwise? He has seen firsthand how the City bureaucracy and the City Attorney bent all the way over for the Florentines – instead of making them obey the law.

Well, the Earth has made an entire revolution of the Sun.

The City Council may occasionally talk about this in their hush-hush, top secret “Closed Session” meetings, but the public is not to know what is happening, even as our money and property are being frittered away. We do know that Marovic has threatened a claim against the City, but so what? Why would that be cause for the City to ignore Marovic’s breech of contract and seize the public property that Marovic encroached on illegally?

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

The reason could be that our esteemed lawyer, Dick Jones of The I Can’t Believe It’s a Law Firm, believes upholding agreements is not a winning strategy. Of course this third rate pettifogger has won so few cases for us, and has lost so many that we may feel confident questioning his judgment.

Or, it could be that the feckless and spineless City Council has been individually persuaded by Marovic that it’s in their best interest to ignore the deal, and that they should just let Marovic keep raking in the bucks thanks to a Conditional Use Permit that was contingent upon the removal of the room addition.

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.

I Think I’ve Seen This Movie

It’s real expensive, but it sure is short…

When thinking about the Trail to Nowhere it seemed to me that I had seen this same sort of thing before. Then it struck me. Of course.

An expensive and unnecessary project that dragged out for years, and that was supposed to be paid for with other people’s money, “free money” as it is known in City Hall, I recalled.

It may have been expensive, but it sure was unnecessary…

I remembered because I wrote about it, here. The second elevator towers at the Fullerton train station, a project so ridiculously over-engineered, so expensive, so reliant on phony ridership projections and so expensive and mismanaged that it ended up raiding Fullerton’s own Capital Budget to the tune of $600,000. In the end no one knows how much was actually spent on that boondoggle when everything was said and done. But one good thing that came out of it was teaching me to appreciate how things are done in Fullerton, and how there isn’t one cent’s worth of accountability on the part of anybody.

If the Trail to Nowhere actually ever gets built but is way over budget, unused, unmaintained and falls into decrepitude, who will stand up to take responsibility? Not the City Council who approved it without question. Not City staff – the chief architects of this disaster in-waiting are already gone – nor will the City Manager, who will be gone as soon as his pension formula tops him out. None of the people stirred up to insult and harangue the City Council will be in evidence and the proprietors of the Fullerton Observer, if they are still around annoying people, will not be searching for those accountable. No one else will be, either.

Maybe the less said, the better…

Remember the multi-million dollar Poison Park intergenerational fiasco? Has anybody ever taken responsibility for that poster child of bureaucratic incompetence and political indifference? Of course not. That would be a horrible precedent. Fullerton.

A Couple of Old Friends

I noticed two items that popped up on the Fullerton City Council’s December 19th, 2023 Closed Session Agenda, two things that remind us that in our town bad news never seems to go away, if it ever needed to happen in the first place.

One item had to do with Jacob Poozhikala, the slimy SOB who owned JP23 on the southwest corner of Harbor and Commonwealth.

Poozhikala is a poster child for the miscreant club owners in DTF who slithered in as our city government kept bending over backward to accommodate them. Pooz’s place of hospitality was probably the worst offender of them all – quite a feat. A shooting, alleged drug rape, overcrowding, operating without permits, etc.

Oh, I’ma hit that!

There wasn’t a legal barrier Pooz chose not to ignore. In the end he tried to shift the stalled permit process to a new owner – his nephew. That didn’t work. There’s a new establishment there now, but evidently Pooz isn’t through with us. I Can’t believe It’s a Law Firm to the rescue!

The other item involves our old friends from Air Combat.

In case you forgot, Air Combat, a lessee out at the airport, sued the City for violating its lease agreement, an incompetent ploy by our wonderful Airport Director, Brendan O’Riley to push out Air Combat and install a new tenant whose use was illegal.

Gravity asserts itself…

Ultimately a jury found the City at fault and awarded the aggrieved party $1.2 million. Of course nobody suffered any consequences, although the man in charge, City Manager Ken Domer eventually was fired and is now plying his dubious abilities in Laguna Beach.

Domer-Decorations
Hitching to Willow Springs…

I don’t know what is still being litigated here, but it’s nice to see familiar faces, isn’t it? Jones and Mayer presided over this fiasco, too, but unfortunately for us taxpayers, Dick Jones ran up against Sheppard, Mullin, Richter, a real law firm.

Suffering The Stolen Sidewalk Saga

Gone, but not quite forgotten…

Two months ago I reminded the Friends that the never-ending story of the stolen Commonwealth public sidewalk was alive and well. The provocation was a closed session agenda item listed as “significant exposure to litigation” between the City of Fullerton and Mr. Mario Marovic, the owner of the building at the northeast corner of Harbor and Commonwealth. Marovic had submitted some sort of claim against the good folk of Fullerton, often an aggressive gambit to stall and temporize.

Meet the new proprietor, same as the old proprietor…

A quick rehash of the facts: Marovic took over the space from the decamped Florentine crime family and immediately gained access to the “bump out” on the sidewalk; and he then began remodeling it along with the rest of the first floor space for his new bars. He had no authority to do so because, of course, the City acquired responsibility to dispose of the building add-on after the Florentine’s bugged out on their lease with the City. In his application for CUPs for the new bars Marovic even included the City owned space as his own.

In the late summer of 2022 Marovic was well-along with his remodel even though his CUP hadn’t been approved, but the issue of the egregious bump out resurfaced, thanks to FFFF. In September, 2022 the City and Marovic reached an agreement that was signed by Eric Leavitt, our esteemed City Manager, and not the Mayor at the time, Fred Jung.

The terms of the agreement were simple enough, and FFFF has shared them before. The thrust of the deal was that Marovic could open his new bars (including the bump out) and he would then undertake to remove the bump out and restore the public sidewalk. Here is the actual clause describing terms and deadlines of the deal:

As you can see, demolition was to have begun at the end of March, 2023 – almost ten months ago – and be the rework complete by July, 2023 – five months ago. Marovic opened his businesses, alright, but never started demolition, and probably didn’t meet any of the other deadlines, either.

A little late, Kimberly…

So when is an agreement not an agreement? Apparently, when it’s written and approved as to form and content by Kimberly Hall Barlow, the obnoxious member of Dick Joneses “I Can’t Believe It’s A Law Firm” crew.

I almost know what I’m doing…

It’s interesting to note that Barlow didn’t approve the six month old agreement until March, 2023 – 4 days before demolition was to supposed to have started.

Of course Dick Jones and his fine stable of attorneys have been bungling the case of the stolen sidewalk from the very beginning, including personal conflict of interest, embracing ludicrous legal rationale at the behest of the Florentines, and even countenancing forgery on an official City document by Joe Florentine.

Still, one has to wonder what our elected officials themselves have done about this. Clearly the unwillingness of the City to enforce a legal agreement, signed by Marovic stems from fear of legal action. But Marovic is undeniably in breach of the contract he voluntarily signed, even though there is zero evidence that it was signed in good faith.

The City can and should begin the process of revoking Marovic’s CUP, the permit that has allowed him to make a lot of money over the last 10 months while failing to live up to his side of the bargain. As owner of the bump out the City has every right, at least, to revoke the CUP that covers its own property, as gotten fraudulently.

The City can also notify Marovic that it intends to remove the building addition itself, since he won’t do it, and bill the scofflaw for the cost.

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

Of course neither of these remedies will take place, because this is Fullerton, where the elected officials are feckless and beholden to the Downtown Liquor Cartel; and because they insist on, decade after decade, following the dismal advice of Dick Jones.

The Trail to Nowhere, Redux

Just in case you missed last night’s City Council meeting I am thoughtfully presenting a recap of Trail to Nowhere item.

Informed commentary was not forthcoming…

Public comments kicked off the fun-filled evening with the usual Ahmad Zahra puppets berating the Council majority for their many deficiencies.

The trail didn’t go anywhere, but it sure was short…

And then followed, once again, an re-examination of the corpse of the Trail to Nowhere, a topic that had somehow made it back onto the agenda courtesy of Zahra and a compliant City Manager and City Attorney. Bruce Whitaker immediately stated his opposition to this move and motioned to take up the discussion in January. This was seconded by Nick Dunlap.

Let slip the dogs of law…

Howls of outrage filled the chamber from the usual brigade of uninformed Zahra followers who were told that they could only discuss the motion to continue the matter, and not sing their usual hosannas for a complete waste of $2,000,000. True, this was weird. City Attorney Dick Jones of the “I Can’t Believe It’s a Law Firm” blessed this process, which of course made absolutely no sense. Since when can the public give comment on an individual motion of the Council? See the problem? I got the distinct impression that Jones was trying to redeem himself for letting the thing on the agenda in the first place.

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

I’m going to write a separate post on why it’s time, way, way past time to shit-can Dick Jones and his crew of incompetent lawyers once and for all.

Anyway, public comments did proceed with speakers accusing the council majority of Whitaker, Jung and Dunlap of wasting their time and trying to kill the Trail to Nowhere by stalling it to death. None of these worthies seemed to get the irony that it was their hero, Ahmad Zahra, who was stringing the thing out by putting a dead issue on the agenda. And he was doing it solely for the purpose of embarrassing the Council majority. Some wanted the matter decided then and there, a pretty reasonable demand if you think about it, and one that really would have laid the matter to rest.

If I knew what I was talking about this wouldn’t be Fullerton!

Councilwoman Charles phoned in her nonsensical two cents by claiming that “new information” rendered the August decision open for discussion because it didn’t look like the State was going to allow a repurposing of their grant. Of course that was a misstatement of the Council decision which was clear: turn down the grant unless it could be used elsewhere. She also added that changes had been made to the plans – a completely false statement.

I know what’s best. Trust me.

After more Zahra pontification about his neglected district, yadda, yadda, the Council voted to continue the matter until January 17th, 2024, a move that unfortunately validates the improper move by Zahra to agendize the matter in the first place.

The only interesting thing that emerged from the issue was that Ahmad Zahra had gone directly to the State Natural Resources Agency behind everybody else’s back, and Fred Jung found out about it. What this communication entailed is unknown – Jung wants to get to the bottom of it – but I have the sneaking suspicion that Zahra was trying on his own to undermine diversion of the State funds to something useful – again, to simply to embarrass his colleagues. According to our lackluster City Manager, Eric Leavitt they are planning another meeting with the State.

Old News Better Than No News

The trouble with being away so much last summer and fall was that I missed all sorts of Fullerton-related stuff. And one of those things was the separation of Tony Florentine from his Earthly cares.

Addio, Tony!

The Florentine paterfamilias, bar owner and restaurateur passed on to his reward back in July of 2022.

FFFF has been diligently following the activities of Tony and his offspring, Joe, in a series of posts going back well over ten years.

Good luck with that!

We documented how in 2012, Tony loudly inserted himself into the anti-Recall campaign as a staunch supporter of Fullerton’s incompetent Old Guard councilmembers Jones, Bankhead and McKinley, parroting the nonsense peddled by his old Rotary pal, Dick Ackerman. He had lots of good reasons for defending the boobs as they let him run illegal entertainment in his business establishment, and as he and his son did everything they could to dodge the City-ordained -and not enforced – conditions of approval for use permits.

Gone, but not quite forgotten…

But the history went farther back. In 2003 Tony got the City to look the other way as he purloined a public sidewalk and got away with it, creating a legal headache that still hasn’t gone away. The Florentines pulled out in 2020 and left the City as landlords of a building extension that the co-joined building owner didn’t own.

Years before that, if we can believe a former associate, in 1989 Tony took a torch to his business, The Melody Inn, that also destroyed one of the oldest buildings in Fullerton and began an embarrassing Redevelopment boondoggle.

Whether or not Tony once drove a copper spike into a street tree because it was blocking his sign is a matter of conjecture, but that’s the tale told by some old Fullertonions.

Joe Florentine was happy to follow in dad’s footsteps as he continued to dodge installing required fire sprinklers in the Tuscany Club and even went so far as forging an official City planning document granting himself use authority over the building he rented because he had a lease there. That fiasco cost us $25,000, not counting legal eagle Dick Jones’s time. The Florentines just seemed to think that laws and rules were nothing but inconveniences to avoid.

So belatedly FFFF says farewell to Mr. Florentine – who brought a little Jersey color to our drab town. In parting it has to be said that neither he or his kid are that important in and of themselves, but they symbolize a governmental culture of incompetence, and a willingness in City Hall to tolerate scofflaws that have become synonymous with Fullerton.

10 Year Anniversary

Although it has no doubt escaped notice by many, last Monday was the 10-year anniversary of the bludgeoning of Kelly Thomas by a gang wearing the colors of the Fullerton Police Department. This Saturday will mark the date his family removed the homeless, schizophrenic man from artificial life support.

But the Friends haven’t forgotten. And we haven’t forgotten that people who did this to Kelly Thomas were acquitted by a bone-head jury; that the FPD was never reformed; that the police department over the past decade has continued to employ and deploy angry, prevaricating, larcenous police officers; that the FPD sucks up half our budget. And we will never forget how Fullerton’s “establishment”  liberals hid behind their drawn curtains in fright when justice was demanded, and instead tried to divert attention to the homeless problem.

And let’s never forget the millions paid out to Kelly Thomas’s mother and father.

No, Sharon Quirk, this was not about socks. It was about a dead man, chocked to death in his own blood.

Jones “Public Nuisance” Mayer

If you thought having a City Attorney’s office suing bloggers to cover up their incompetence was bad and unethical, you’ll love this:

Fullerton’s joke of a law firm Jones & Mayer has left their front steps in a state of decrepit disrepair for at least 6 months.  Their office is located at 3777 N. Harbor Blvd, alongside a busy sidewalk.  Imagine taking your young child for a walk, losing sight for a quick second, and then watching them crack their head open on that rusty steel mess, protected only by a 2×4?

Or how about working here under the assumption that that temporary railing is well-secured?  Look closely, it isn’t.

Let’s see what constitutes a “public nuisance” within the City of Fullerton:

Who would have thought the City Attorney is the poster child of how best to violate 6.01.030 (A) and (B) many times over?

I hope the irony of this is not lost on you.  This is a law firm who makes their living advising cities on “public nuisance” cases all over California, presiding over administrative hearings, and in some cases prosecuting land owners who refuse to make repairs for the very same type of neglect and disrepair pictured above.

Time and time again, the arrogance of City Attorney Dick Jones is just stunning.  He interprets or disregards the law in whichever way is most convenient for his interests.  In case you’ve forgotten, now would be a good time to review Dick Jones’ attempt to steal a pension from CalPERS by faking himself as a City of Westminster employee.  He knew better then, and he knows better now but just doesn’t care, and that’s the problem.