The Dysfunction of Downtown Fullerton

Friends for Fullerton’s Future just received a disturbing story accompanied by a photograph that seems to encapsulate the Downtown Fullerton experience:

Hey, FFFF, I wanted to send along a story about what happened to me a few weeks ago. About 2 am a friend and I were walking along the north side of Commonwealth. Across the street we could see some kind of free-for-all going on. Then the crowd ran off leaving two people lying on the ground. By the time we crossed over to see what the damage was, the Fullerton police had arrived. The two people, a guy and a woman, were bloodied and obviously beaten. One of the cops saw me observing the scene and asked if I wanted to be arrested.

Rather than provide information about what we had seen, we decided to move on. But before we left I turned around and took this picture showing the woman pleading with four cops who appeared indifferent to whatever physical abuse she had suffered.

Sad. 

Yes, Friend, it is sad. Our “leaders” have created, nurtured, and encouraged a culture of mayhem where sometimes it’s hard to tell the victim from the perpetrator and where the cops are seemingly anesthetized to the weekly blood bath.

Why Keep Threatening Us?

For every problem that isn’t a nail, there’s a moron ready to swing a hammer.

20 Days ago FFFF got another threatening letter from the City that said if we don’t stop reporting news and telling the public the truth about what’s actually happening in their town, apparently there will be consequences.

We told them to kick rocks.

What really strikes us as odd is how hard the city works to solve real problems v make work problems.

If they’re willing to go after local journalists connected to a blog that city employees routinely insist that no one reads, one can’t help but wonder what wrath the city brings down on real problems.

Can we assume that the city also takes things like life safety issues impacting the public, police brutality and sexual misconduct, wasted tax dollars, theft by employees, recklass or perhaps drunk driving by employees, or total disregard for budget discipline, public trust, and basic fairness as seriously as they take shutting down transparency?

Oh wait, we don’t need to assume anything as we know exactly what kind of resources the city spends on those problems. None.

We know because we broke and covered those stories.

Maybe that’s what this is about. Maybe the City is tired of having a group of “chronic malcontents” embarrass them by telling the truth. (more…)

Return to the Pinewood Stairs

“Pine Wood Stairs” looked a lot better in concept than in reality…

Follow us back, gentle Friends, as we revisit the construction horror show known as The Pinewood Stairs. It’s been a year-and-a-half since we frightened you with the design and construction fiasco of the Pinewood Stairs at Hillcrest Park.

FFFF photo documented the sorry project even before the embarrassing party the city threw for itself since the contractor had failed to secure the contruction site – even though there were obvious safety issues.

In that sad saga we showed images of the many deficiencies and manifest failures by a small army of designers, city staff, contract construction managers, contractors, city inspectors, and of course, a city council woefully derelict in its duty to the public. We also shared the attempts by City Hall and its amen choir in the community to pretend that everything was just peachy.

And so we ventured out on a proactive foot patrol to see what effect the intervening eighteen months may have had on this dismal boondoggle. What we found was not shocking, for our sense of shock at the ineptitude of our City’s park and engineering departments dissipated years ago.

The structure is noticeably creaking, treads are wobbly and handrails are coming loose. This barely two-year old ramshackle pile of lumber is showing unmistakable signs of decrepitude and neglect. Its creators have moved on to new ventures.

What did we find?

Uncorrected code violations like tread width? Check.

The top of the stairs is a bad place for a code violation…

Failed irrigation? Check.

The hills are alive with…no, they aren’t…

Uncontrolled erosion? Check.

Erosion is an all natural process…

Risk management potential? Check.

A trip and a lawsuit are coming…

No correction of substandard design and construction? Check.

Close enough for Fullerton government work…

New maintenance problems? Check.

Two years old. Happy birthday Pinewood Stairs!

And this:

Handrail, meet bracket. Aw, close enough…

And of course:

It wants to reach out and grab ya…
Of course it isn’t straight. Griffin Structures specialty…

All askew:

A light post not even fit for a drunk…

Fullerton Lies to Fight Transparency – Airport Edition

I’m not sure why Fullerton is so dedicated to being lying liars telling lies to just to tell them but that’s how they do.

Recently somebody put in a Public Records Request to find out if the City of Fullerton was in violation of Federal Aviation Administration (FAA) Grant Rules and risking a financial headache.

This all stems from Hanger 21 and their non-aeronautical use holding parties instead of making sure the space in question is used for actual aeronautical use as required by the FAA.

Public Records Request number 19-272 asked, and I quote;

“Please provide me with a list of non-aeronautical and aeronautical hangars at the Fullerton Airport.”

The response from the city was;

No Records Available

“The City does not maintain a list, and the Public Records Act does not require the City to create records in response to a request.”

Oh really.

Weird. This email from Airport Manager Brendan O’Reilly seems to say otherwise.

Non-Aero Uses at Airport

“Here’s what I wrote up for the eviction of the twelve non-aero tenants, along with the letter I sent out last February as a warning.”

So there’s a list of non-aeronautical tenants when the city needs it but not one when the city is required to disclose it? It sure seems that Brendan O’Reilly is making things up at his convenience to suit his immediate needs.

Oh Lying Liars and the Lies they tell.

This isn’t the first time that O’Reilly has been caught lying. He previously lied to the city about the airport having a waiver for non-aeronautical uses which the city doesn’t have. He got away with it because our council and staff are lazy, incompetent or both.

In the end, these lying liars who lie are going to cost you, the taxpayers, millions.

It’ll cost you when AirCombat wins their lawsuit because the city is illegally renting an aeronautical facility to a non-aeronautical user at below market rates AND the city purposely disqualified two applicants (including AirCombat) from the lease because Hanger 21 could pay more. BUT we rented to H21 at below market rate (if it wasn’t on an airport) because they could pay more than the tenants who would actually use the space for aeronautical uses which the city is legally required to prioritize.

Then it’ll cost you once more when Hangar 21 sues the city for estoppel for damages they incurred after the Feds force H21’s eviction from the property due to an illegal lease.

Oh. And don’t forget that the airport wasn’t even zoned to allow for Hanger21’s business when they were approved. Again, per Airport Manager O’Reilly:

Hanger21 PL Zoning

“After our EDAT meeting on October 5, it seems that we won’t be able to get CC approval for the item because of the PL Zoning issue.”

This is the bullshit Fullerton’s Council tolerates. This is the bullshit they will continue to tolerate because they don’t know any better. This is the bullshit we get to pay for because our City Council is too spineless to ask a single pointed question, let alone demand compliance with our own laws.

It isn’t going to get better until voters hold these nitwits accountable and make them responsible for their actions. Good luck getting that to happen.

Fitzgerald Targeted Restaurant D’Vine

While it shouldn’t come as a surprise to anybody paying attention that the government, at all levels, only works for those who are well connected and make the correct donations. Usually proving this truism is often difficult but we came across an example here in Fullerton that seemed noteworthy.

It appears that Mayor Pro-Tem, and Curt Pringle & Associates VP, Jennifer Fitzgerald decided to weaponize our city government to go after the business “D/Vine” for “word on the street” indicating that they had a promoter in violation of the municipal code.

Fitzgerald DVine

That seems innocuous and even reasonable from a law and order and agency perspective. After all, what’s the problem with a council member & Mayor Pro-Tem being worried about a business running afoul of local law?

Nothing if the local laws were applied equally and in a just manner. But we know that to not be the case.

While Fitzgerald is super worried about public safety over who promotes what music at D’Vine she gleefully ignores other violators of our municipal code when it benefits her. As an example of such would be when she holds events and parties at The Slidebar.

FitzSlidebarParty

The Slidebar which for years has violated local amplified sound ordinances while operating without so much as a Condition Use Permit or even an Administrative Restaurant Use Permit (ARUP).

For those new to these issues – in this city you cannot operate a restaurant without an ARUP and you can’t sell alcohol and have live entertainment with a CUP and a Live Entertainment Permit. The following screenshot is from the City Staff’s own presentation to City Council on April 16th, 2019:

Title 15 Change - ARUP CUP

The Slidebar only has the Live Entertainment Permit despite not legally qualified to have one thanks to their just ignoring the law regarding the ARUP/CUP. Nearly every other business is required to have these permits and for 7 years Fitzgerald has said bupkss about it.

Fitzgerald, like so many others on the dais before and still, has no problem holding fundraisers and heaping praise on some businesses in clear violation of the most basic of rules required to run a bar in downtown but when the wrong promoter plans the wrong type of music – now there’s a need for a call to action. Rally the troops! Tally-Ho! The scourge of banda music must be stopped… because Banda music is… bad?

Let’s look at that. Banda music is what exactly? From Wikipedia:

Banda is a term to designate a style of Mexican music and the musical ensemble in which wind instruments, mostly of brass and percussion, are performed.”

This is something Fullertonians have complained about before it seems but I didn’t realize it was such a problem. I sort of expect to hear this music at places like Revolucion Cantina and in fact they have a “Banda Wednesday”. This negates the idea that the music itself is a problem.

The shooting is a cause for concern if you’re worried about what CAUSED the shooting… but if it isn’t the music causing people to be shot (because the shooting happened during a “Purge” themed Halloween party playing Hip-Hop) then Fitzgerald must blame the promoter?

Can a promoter rationally be blamed for the wrong people showing up to a show? Fullerton doens’t seem to blame the local bars for bringing in undesirables who urinate, vomit, fight and graffiti all over downtown. Hell, Fitzgerald herself recently blamed “Pre-Gaming” in the parking lots for much of the mayhem and DUIs around town.

Thus using Fitzgerald’s own local logic let us dispense with the idea that the promoter caused the shooting in Riverside. After all, it might have been “pre-gaming” in a parking structure that led to the shooting. To do otherwise would be an especially comical problem when we have a fire & life safety issue in downtown related to a business owner whose family is alleged to have burned one of their own previous businesses to the ground.

Because city staff works at the behest of the City Manager and the City Manager works at the whim of the City Council, when the council says “Jump!” or “Look Away!” that’s exactly what happens. No need to apply the law evenly or justly – just do what the bought and paid for council demands.

It’s sickening that the city can look into D’Vine for their banda/promoter problem while simultaneously Community Development Director Ted White was exchanging text messages with Joe Florentine and emails with Jeremy Popoff, local bar owners, in the build up to municipal code changes of how Florentine’s & Popoff’s businesses, and all bars, would be regulated despite their own flaunting of the laws.

Ted White - Jeremy Slidebar

While Ted White was looking into the ARUP/CUP status of D’Vine he was ignoring the very real problems regarding Florentine being, for over a decade, in violation of life safety requirements. To recap – Florentine has refused to follow his own Conditional Use Permit (CUP) requiring fire sprinklers and the city has refused to enforce that CUP up to and including the Chief of Police rubber stamping Florentine’s Live Entertainment Permits year in and year out despite those permits also requiring adherence to the CUP.

Florentines-LE-Permit-2016

“The C.U.P. (if applicable) shall be strictly enforced.”

It’s nice to have a clear cut example of the city picking and choosing winners and losers. This email from Fitzgerald about D’Vine shows us clearly that our city responds to issues immediately when the council says jump all the while turning a blind eye to worse problems from similar businesses in the same neighborhood. I guess it really does pay to own the right council members.

No Public Input on the Police Chief

Well folks, Fullerton is at it again. On Tuesday, without any public input, the City Council is slated to appoint Interim Police Chief Robert Dunn as the “Permanent” Chief for the Fullerton Police Department.

I put “Permanent” in quotes because Chiefs tend to leave in disgrace often around these parts.

The position of Police Chief wasn’t put out for applicants despite 5 people applying the last time around. Nope, this time not only is the city not looking to recruit from outside of the city, or even open it up to other in-city employees – they’re shoving it onto the consent calendar.

Dunn - Consent Calender Hire

For the uninitiated I’ll quote a previous post on this very blog about such items.

A typical definition of a consent calendar would be as follows:

Under parliamentary rules governing City Council meetings, Consent Calendar items are reserved for items that are deemed to be non-controversial. They allow a City Council to save the bulk of it’s meeting time for issues in which there is a need for a serious public debate.

So that means that Fullerton’s council thinks that hiring somebody for the position of the Chief of Police for between 5-11 years is non-controversial and not worth discussing.

They don’t even want to have a token discussion on this issue. Not only do we never get oversight, we don’t even get The Performance wall of local government.

Based on some recent stories we’ve seen we might beg to differ about this being something that should be vetted in public. But alas, we at FFFF actually care about transparency and integrity from our government officials which are things this council is adamantly against.

While this doesn’t come as a surprise, it’s actually worse than the last time we hired a new “permanent” Chief. That time city staff actually wrote the questions for council to ask in closed session.

Let us not kid ourselves, even if this was a public hearing our bootlicking council would never a tough question or make demands that would upset their union benefactors.

As per usual, this group of “public servants” just wants to do everything in the dark. Maybe some day we’ll get some openness, honesty and transparency in the city of Fullerton. But don’t count on it.

Nothing to See Here

Your Voice Means Nothing to City Hall

Nextdoor Water Rate Increase Notice

Last month Fullerton requested feedback via Nextdoor and elsewhere from citizens regarding the raising of our water rates because our city is incompetent and decided not to repair infrastructure over the last several decades and now the bill is coming due by way of broken and rotting pipes.

So what we paid for already we need to pay for again and this time they pinky swear they mean to fix things. For realsies.

Those of you familiar with this blog should know about the “7 Walls of Local Government” which is quite possibly one of the best series of posts on local government ever committed to words in the modern era. If you’re unfamiliar go give it a read and then come back.

The 7 Walls, to many people, is simply theoretical so I wanted to offer this Fullerton water rate issue as an example of the walls in practice.

So here we have a form of Local Government Wall #3 –The Performance.

With the current rate hike under consideration the city claimed that they wanted feedback and in order for your “protest” to be counted you needed to sign a letter and email or send it in to the city. One person per household or parcel so hopefully you weren’t a renter or had more than one opinion in your domicile.

Just emails wouldn’t count, social media posts wouldn’t count and ACTUALLY SPEAKING AGAINST the increase at council wouldn’t count. To quote the city’s own FAQ:

“However, oral comments at the Public Hearing will not qualify as a formal protest of the proposed rate action unless accompanied by a written protest setting forth the required information.”

Gee, it’s almost like they wanted to limit it as much as possible all while claiming to be doing far beyond the bare minimum that’s legally required by law.

But they totally cared about your opinions or so they’d like you to believe and even told council.

Being one to not trust bureaucrats I challenged them on the premise and requested what they did with the “protests” they received up to and during the council meeting in question.

Here is the response:

Water Rate Increase Protests

They “were received, recorded and read by Public Works” and council only got a “response letter”.

That “response letter” was prepared early in order to be included in the agenda packet for the city council meeting on 04 June 2019 and was released to the public at approximately 6:15pm on 30 May 2019.

What this means is that council never received your protest prior to voting and thus those making the decision to raise your rates never heard what you had to say before voting.

Better yet – staff RESPONDED TO your “protest” possibly before you even made it. Any protest that came in after 30 May 2019 and before the item closed on Tuesday was just totally ignored. (more…)

Community Stakeholder Survey Says

Tonight the Fullerton city council will pretend to go over the results of the Community Stakeholder Survey that just recently wrapped up. Remember that survey? It’s where the city is going to, and I quote:

For the next strategic planning session, the City will conduct a community stakeholder survey prior to working with the City Council to develop Mission and Vision statements, and ultimately set goals to implement the Priority Policy Statements.

We don’t have nice roads but at least we’ll have mission and vision statements.

The whole reason for this dog and pony show is to pretend to do something productive while our roads literally crumble around us each day. We’re in a structural deficit and only balance our budgets by selling capital assets (city owned property) and by not filling vacant positions.

So when people complain that we’re understaffed the current and retired staff are entirely to blame for this problem because they’re eating all of our general fund.

As to the survey itself, how engaged were the people of Fullerton in regards to this important mission of vision questing?

Vision

Super engaged, so responsive. The whole city was interested in giving their two cents… Oh. No. Nevermind. Almost nobody even knew this things existed and fewer participated.

706 people responded and 9 sent in written statements via email. That’s it.

It was a truly terrible turnout.

But the city, using that whopping return of 706 survey responses and 9 written statements will march ahead ever ready as a city to talk about what our local government’s priorities should be going forward in an open and honest fashion.

(more…)

Tonight the Downtown Bars Win

cronyism

The Fullerton City Council is about to hand the Downtown Restaurateurs Bar Owners two big wins and they’re going to continue to slap down the privacy of those in Fullerton in the process.

The first big win for the bars is in changing the rules around operating a bar in the Downtown area. This is partially because city staff thinks it’s too hard to do their jobs regarding enforcement. It’s just so hard to tell the couple of bars without Conditional Use Permits that they’re operating illegally.

The truth here is that it’s so hard to enforce anything downtown because council won’t let staff or the police department do their jobs so they all have to turn a blind eye to illegal operators and this change to Title 15 allows the downtown scofflaws to now operate *mostly* legally.

Except those without CUPs which the city will continue to ignore because favors and cronyism.

This is being sold as a way to make enforcement easier but let’s be real here – every year for a decade+ the Chief of Police (each of them) has signed off on Live Entertainment Permits which themselves say CUPs will be enforced. Our Chiefs of Police rubber stamp LE Permits for businesses that operate without required fire / life safety requirements.

So if the Police Chief is going to turn a blind eye to life safety in order to rubber stamp a permit for a favored business owner why should we believe that these new relaxed rules will be enforced? Because we’re supposed to “trust” these corrupt kleptocrats.

This Title 15 Change is being pushed to allow “legal non-conforming businesses” to now operate quasi-legally but staff won’t even tell use who that applies to in Downtown. We’re offering a form of amnesty without talking about who gets it and for what and if that’s even a good thing.

Ted White will likely prattle on about lumens and the percentage of tint on a window as cover but there are real concerns being omitted here. Why? Because saying “no, we allowed a business to illegally board up their windows with flammable material without fire sprinklers in clear violation of their CUP” doesn’t sound as easy to wash away in a rhetorical flourish such as “how do we know what 15% tint looks like”? (more…)

Chasing Rainbows

I noticed two things in the Fullerton Observer the other day that on the surface are pretty innocuous but that upon a little reflection seem to be symbolic of the way our city government has operated over the years.

AhmadZahra
Movin’ on up

The first is the City’s proclamation of Arab American Month, a first, and no doubt conceived by new councilmember Ahmad Zahra who is himself an Arab American. Here is Zahra:

“As an Arab-American myself, I’m very proud of this moment, and I’m proud of our city for being such a wonderful, diverse place where everybody can celebrate who they are but work together for what is best for our community.”

Diversity and celebration. Hmm. Well, okay, a little color toner and some quality legal-sized paper, a few minutes of everybody’s time and you’ve got your proclamation. Go in peace.

The second item is about the rainbow flag flapping on the pole in front of City Hall. The City Council in March approved flying the banner that symbolizes LGBTQ rights, etc for LGBTQ Month. Mr. Zahra is also gay and this may account for the fact that Fullerton has finally got around to this pressing issue. This is a bit more problematic because here we have an official endorsement by the City. Personally, I’m all for equal rights for everybody – including marriage, and I couldn’t care less if Jennifer Fitzgerald orders that a Goofy flag fly over the City Hall. Still, it gives one pause to consider the priorities of our esteemed leaders – nobody’s rights are threatened by not flying the flag; meaning, of course, that the whole thing is an empty gesture.

And this brings me, finally, to the point of this post. We have a city council that has spent us to brink of fiscal disaster with no accountability, no responsibility and no concern at all for the taxpayers and citizens of Fullerton. They have squandered millions on vanity construction projects that were mismanaged, unnecessary, or downright dangerous. They have let the streets of Fullerton become the joke of Orange County. They have turned over downtown Fullerton to a gang of scofflaw saloon owners. They have nurtured a deadly Culture of Corruption in the police department, an infection that reaches from top to bottom. Meantime they are determined to ignore any of the calls for a correction to the course they have navigated.

More negativity. Just think positive!

Ask yourselves this question: Are any of the real municipal problems of Fullerton ever addressed? The answer, sadly, has been no. Meanwhile, empty symbolism and diversion are the order of the day. It’s easy pandering, and to the uninitiated might even look like something is being accomplished.

The question whether hollow gestures are better than none at all, especially when promoted by incompetent or corrupt officials, may remain academic. What is a practical reality is that in a month or so Fullerton will begin its Annual Can Kick – known as the budget approval. But the can is getting more obdurate every year and the lies coming from Fitzgerald and Flory ever more outrageous. Soon we will be able to see what sort of new flags from Mr. Zahra and his colleagues will be run up the flagpole. Will anybody salute?