Fullerton City Council – Page 31 – Friends For Fullerton's Future

April 20, 2020April 20, 2020Ahmad Zahra

The Cost of Suing Us

Fullerton just “separated from employment” 150+ non-union part-time staff. Why? Because despite years of Mayor Jennifer Fitzgerald’s lies about a “Balanced Budget” and our mythical reserve fund – we had no plan for a rainy day.

During meetings, myself, David and others warned the City Council that a downturn was likely in the future and with CalPERS continually raising our pension costs we needed to be smarter financially.

Fitzy & Flory wanted none of that and spent like floozies in Vegas throwing every dollar we had at every uniform in sight with Silva, Chaffee and so on along for the ride.

Now here are we looking at a month of limited tax revenue and 150+ people lost their jobs with the city. 150+ positions aren’t being eliminated – no no no, they’ll tax us more to fill those again later and cry about not being to staff the libraries and parks to justify the new taxes/fees and whatever added costs to us they can cook up along the way. But 150+ people are now wondering how they’ll pay their bills.

But let me drive this home for you some more – the city is suing myself, David and this blog because we allegedly clicked some Dropbox links in an account they sent us and told the world about in PRRs. Remember, according to Kimberly Hall Barlow this isn’t about publishing or the 1st Amendment – this is about alleged theft and “hacking” because we allegedly clicked some Dropbox links.

In the process of investigating that alleged crime, the city found out that their network (which has fuckall to do with Dropbox) was incompetently setup and they hired an outside firm to fix it. This was the reason they claimed they waited to sue us for months on end – that they had to secure their network – which again has fuckall to do with Dropbox.

Glass Box Discussion

The firm they hired, Glass Box Technology, has a contract with the city for $60k/month not to exceed $500k.

Glass Box Contract

So far, according to the City Council approved Check Register, they’ve paid Glass Box $541,451.25 to date which is $41,451.25 over their “not to exceed” limit.

Glass Box Checks

That’s over half of a million dollars SO FAR because the City found out that they suck at running their own network as a BYPRODUCT of suing us which has nothing to do with what they allege we did. This was an unnecessary expense that has to come out of next year’s General Fund because it’s yet another major cockup for which nobody will be held accountable.

How many of those 150+ people wouldn’t need to be unemployed right now were it not for sheer incompetence in City Hall? Seems that $500k+ would have covered quite a few part timers.

Then we have the expense of our idiotic City Attorneys, Jones & Mayer. Since this nonsense started back in June with their Cease & Desist letters, the city has paid Jones & Mayer $891,074.49. We have no way to know how to split that up or what to attribute to the lawsuit against us because City Hall has a long history of lying about funding and hiding expenses in the wrong accounts. Just because something is coded to the Library, might not mean it has anything to do with the Library.

J&M Checks 2020

But if we assume that just 5% of their work product can be attributed to the lawsuit against us, and considering the reams of paper they keep filing with the courts we know their billable hours are stacking mile high, we can attribute approximately $44,553 to this stupid lawsuit. Seems to me that’s a few more part timers who could still be employed were it not for the malicious lawsuit being pursued by Fitzgerald, Flory, Silva and Zahra.

We don’t know how much the city has paid their other experts or consultants in their pursuit of the evil “hackers” who allegedly clicked Dropbox links – some with my name on them – but so far we know it’s pushing $500k+.

Remember this come election time & demand answers from these idiots on council who would rather spend your money, and it is your money, attacking us over their own stupidity than spend it providing the very services they’re elected to oversee in our city.

Shame on Fullerton. Shame on Mayor Fitzgerald. Shame on the City Council for always squandering your money pursuing their egos instead of your best interests. Sure, they’ll blame the need to “separate from employment” those 150+ people on this “global pandemic” – but that’s only because they constantly spend all of your money elsewhere while lying to you about our “balanced budget”.

February 5, 2020Ahmad Zahra

Courtroom Showdown!

by Joe Sipowicz34 Comments

This week FFFF and local hero Joshua Ferguson do battle in a courtroom with the defenders of incompetence and opacity – the City of Fullerton, represented by in incomparably stupid and corrupt law firm Jones and Mayer. The Voice of OC outlines the details here, so I’ll let it go at that, other than to remark on the sad state of affairs when a citizen is sued by his own government in retribution for what they did.

January 12, 2020January 13, 2020Curt Pringle & Associates

Fingerprints, Fingerprints…

by Mr. Peabody21 Comments

Last Wednesday the City of Fullerton Planning Department and its Director – a guy named Matt Foulkes – set an item before the Planning Commission. It was a CUP amendment that would help The Florentine Mob bring their shaky agglomeration of scofflaws businesses into compliance with an ever-weakening system of controls for out-of-control bar owners in Downtown Fullerton.

But Lo and Behold, Florentine had no okie-dokie from the property owner, Mario Marovic, to pursue said amendment as is required by Fullerton’s own code. Not much of a quandry, right? Cut and dried, right? Crystal clear?: Come back when you gt Marovic’s signature on our form.

And yet for some reason our esteemed and well-compensated staff decided that the issue wasn’t clear at all; that the very notion of property ownership was open to interpretation, and that a completely irrelevant legal case dredged up by Floretine’s personal consigliere was applicable and definitive; and, that an application form obviously doctored by Florentine was just fine and dandy.

Hmm. The plot thickens with a fraudulent document!

Now, how do you get from Point A to Point B? Well this is Fullerton, more especially Downtown Fullerton, where lawless saloon owners have been ignoring the law for years with the obvious connivance of staff and city councilpersons and city attorney.

The very history of the Florentine’s operation is a testament to the way some people in this town not only get special treatment, they get a free pass to ignore the law. Building in a public right-of-way without an encroachment permit? Check. Illegal night club? Check. Operating in in violation of conditional use permit conditions? Check.

What I have heard from pretty reliable sources is that the lowest-level planner, Christine Hernandez, the poor sap whose name appears on the staff report to the Commission, was directed to process the application by her boss, Matt Foulkes; and that Foulkes in turn, was directed by his boss, City Manager Ken Domer to make sure this was approved. At this point it doesn’t take a rocket engineer to figure out that there is only one force in Fullerton irresistible enough to try to push through an illegal land use application and to make allegedly professional staff turn a blind eye to a forged document that violated their own law. Do I have to spell it out? Okay: Jennifer Fitzgerald, our lobbyist-mayor, that’s who.

Nobody has been propping up reckless bar owners more than Fitzgerald, ranging from massive taxpayer subsidies for cops and clean-ups, ignoring nuisance violations, and even going so far as to pimp an utterly ridiculous district map concocted by the gin joints to dilute council control over their week-end war zone. Whenever a bar owner steps on his weenie or needs a favor, Fitzgerald throws herself into breech to help a pal out.

If I’m wrong Fitzgerald will get an apology. But I’m very confident I’m not wrong. And this time the truth may come out, even though this is Fullerton. Mr. Marovic’s lawyer is bound to demand all communications on this matter between staff and councilmembers, and godspeed, to that, say I.

Let’s find out whose fingerprints are on the latest Fullerton municipal humiliation.

December 16, 2019December 16, 2019Ahmad Zahra

Our New Mayor

by Joe Sipowicz17 Comments

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

Our esteemed City Council appointed lobbyist-councilcreature Jennifer Fitzgerald to be the new mayor a couple weeks ago. Supposedly it’s her turn again. How and why Jan Flory was appointed Mayor Pro Tem is anybody’s guess, especially since Bruce Whitaker and Ahmad Zahra have been on the council longer without appointment – supposedly the criterion for getting the job.

Zahra and Jesus Silva Quirk are no doubt angling to grab the mayor titlee when they run for re-election in 2022. They aren’t too bright, but they’re smart enough to count in four-year increments.

But the nasty machinations of our talent-free council are not the point of this post, merely a rolling introduction. What I really want to share is the completely self-serving and fraudulent mayoral bio Ms. Fitzgerald has placed on the City’s website, the first two paragraphs of which I reproduce here:

Mayor Jennifer Fitzgerald was elected to the Fullerton City Council in November 2012 and served as Mayor Pro Tem in 2014/2015 and Mayor in 2015/2016. In her first three years in office, Mayor Fitzgerald played a key role in several significant accomplishments, including a $3.5 million retroactive refund of water rate overcharges, public safety reform, a substantive increase in funding to repair the city’s aging roads and water infrastructure, and adoption of new transparency measures for public employee labor negotiations.

Mayor Fitzgerald represents the City of Fullerton on the Board of Directors for the Association of California Cities-Orange County Chapter and she is a Member of the Board of Directors for the Orange County Taxpayers Association. She is a former Metropolitan Water District Director, Past President of the North Orange County Chamber (formerly Fullerton Chamber of Commerce) and past Member of the Board of Directors for the Fullerton Historic Theater Foundation. Previously, she served the City of Fullerton on its Planning Commission and General Plan Advisory Committee.

It’s pretty bad that Fitzgerald is trying to take credit for the water refund she fought tooth and nail to minimize. It’s worse that she is trying to get gullible folks to think she has done anything about police reform , when in reality she has been an ardent defender of cover-ups for eight years – including hush-up settlements and even being implicated in hiding the drunk hit-and-run perpetrated by her buddy Joe “Wild Ride” Felz. The unkindest cut of all may be her bragging about “increased funding” for street and water infrastructure that she and her comrades let sink into a deplorable mess – the worst in Orange County.

At least this go ’round she omits her oft-repeated lie that she has balanced budgets, but her re-election campaign material will no doubt rectify the omission. I’ll be checking into that.

And finally I direct your attention to paragraph two, wherein the tone deaf Fitzgerald blithely recaps all the public money laundering agencies she has consorted with, peddling her wares as a lobbyist for one of the greasiest operators in OC – Curt Pringle.

December 13, 2019Ahmad Zahra

I Believe I’ve Seen This Show Before

by Mr. Peabody7 Comments

Some poor dopes think that history repeats itself, and yet there are times when it’s hard to argue the point, as when the City Deciders of Fullerton wade out into the same quicksand again and again and again.

I’m referring to the tedious habit of entering into lame exclusive agreements for stupid projects involving public property – which are then renewed and extended year after dismal year. We’ve seen this sorry practice with the massively moronic massive Amerige Court/Commons/Whatever mess; and again with the Transportation Center Master development fiasco, both of which were kept on life support for years and years by a city staff and city council who just couldn’t admit a bad idea had somehow festered forth from City Hall.

The latest in the string is the unsolicited proposal for a “boutique” hotel in the train station parking lot, an idea so stupid that only our city council could embrace it. FFFF has posted about it twice.

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

First we noted that some sort of pressure or promise was made to Weakest Link Jesus Quirk Silva to get him to change his vote and approve an exclusive negotiating agreement with some guy calling himself Park West Contractors and Westpark Investors. That was a year ago.

And then a few weeks ago FFFF shared the story of local union goons popping up at some dog and pony show to promote the project.

I know who I work for, and it isn’t you!

Anyway, the year term of exclusivity given to Mr. Parkwest Westpark has come and gone and so naturally the City has decided to give him another year, rather than to actually put the property on the market for alternative ideas. The November 19 vote was 4-1 with Bruce Whitaker opposing. We also learned that Ms. Jan Flory, true to form, strongly backs this concept, which is pretty ironic, given her past support of time extensions to the “developer” given the exclusive right to negotiate on the Transportation Center cock-up, a plan whose key component is the site of the proposed boutique hotel.

December 2, 2019Bad Cop

Fullerton’s Veritable Serpico Problem

by Joshua30 Comments

Serpico

Fullerton, like most departments, has a problem reminiscent of Serpico and this problem is years in the making. This problem is part of the story of the sordid “Culture of Corruption” that was documented after the Kelly Thomas beating. This veritable Serpico problem is a cancer within the system where once in uniform even good people turn a blind eye to corruption and stand idle as their unions and water carriers work to stomp on both people working towards and laws aimed at transparency.

For those unfamiliar with Frank Serpico he was an officer in the NYPD who stood up against widespread corruption and suffered for this crime against the Blue Wall of Silence. When he was shot in the face in the line of duty his fellow officers went so far as refusing to call for help.

This reverse Serpico problem is the common issue of Officers refusing to speak out, refusing to stand up and refusing to be good ethical humans for fear of reprisals from their brothers and sisters in blue.

Today I want to tell a story that should have been told some time ago – the tale of how ethics can get you fired at Fullerton PD.

I’d like to tell you about one Corporal Paul Irish.

You see, Corporal Irish was fired for dishonesty. A year or so ago I spoke to Paul and I was given copies of the files related to his termination. Honestly I didn’t know what to do with what he gave me and I sort of let it sit waiting for the time to really dig into it. Life, kids, you know the drill. That box sat in my garage patiently waiting for me to have time. Skip ahead and, well, the city cost me my job recently and I find myself with more time on my hands. So I got to reading.

To sum up hundreds of pages of paperwork — what Corporal Irish DID was, allegedly, tell his supervisors he was giving a talk on seat belt safety when he actually gave a talk on ethics. When they hammered him for his dishonesty on what his talk was about they ran a full investigation into the issue which ultimately led to his termination for more alleged dishonesty.

The transcript of the talk is [HERE] and the actual audio as recorded by Corporal Irish is here;

According to the information I have seen, these are the charges for which Corporal Irish was fired:

PSB #2014-72IA Investigation
Corporal Paul Irish
Potential Policy Violations:
340.3.5 (g) – within policy
340.3.5 (h)
340.3.5 (i)
340.3.5 (l)
340.3.5 (n)
340.3.5 (z)
Recommendation to Staff: Not within policy – Termination Approved

FPD Manual Conduct

That’s a bunch of jargon so I’ll allow the Fullerton Police Department’s Policy Manual chapter on Conduct explain all that legal speak:

(h)Knowingly making false, misleading or malicious statements that are reasonably calculated to harm or destroy the reputation, authority or official standing of the Department or members thereof.

(i)The falsification of any work-related records, the making of misleading entries or statements with the intent to deceive, or the willful and unauthorized destruction and/or mutilation of any department record, book, paper or document.

(l)Any knowing or negligent violation of the provisions of the department manual, operating procedures or other written directive of an authorized supervisor. Employees shall familiarize themselves with and be responsible for compliance with each of the above and the Department shall make each available to the employees.

(n)Criminal, dishonest, infamous or disgraceful conduct adversely affecting the employee/employer relationship, whether on or off duty.

(z)Any other on-duty or off-duty conduct which any employee knows or reasonably should know is unbecoming a member of the Department or which is contrary to good order, efficiency or morale, or which tends to reflect unfavorably upon the Department or its members.

Remember, this all stems from Corporal Irish giving a talk on ethics that his supervisors didn’t approve of him giving and being mad at being “lied to” about said briefing.

Here’s the pertinent part of the Hearing Officers Report:

Irish Allegations

This should be put into some context with current events in order to explain the aforementioned Serpico problem. When some cops are fired for seemingly trivial issues while others are given a pass for egregious conduct it sets bad examples. It tells Officers who to follow, which lies are okay and where things stand in regards to the Blue Wall of Silence. This is how a cancer grows in a department. A blind and subservient government is how it remains untreated and metastasizes.

This year, thanks to this blog, we learned that Fullerton PD and Fullerton City Hall worked to enter into an agreement in order to shield Lieutenant Kathryn Hamel from the disclosure of her crimes. The city was willing to stop investigations in order to protect her, the wife of Irvine Police Chief Mike Hamel, from any sustained findings of dishonesty which would have made her crimes public records under the CA law known as SB1421.

Currently there is an also an officer, Jeff Corbett, being charged with a felony for falsifying his reports as related to the drinking and driving of former Fullerton City Manager Joe Felz in November 2016. That Sergeant was only terminated after a friend of this blog filed a citizen complaint which triggered an investigation which led to a sustained finding of dishonesty. Only AFTER that investigation was concluded in September of 2017 did FPD open their own investigation and terminate Corbett.

These are current issues at the Fullerton Police Department as ignored by our current City Council, City Hall and police brass.

The hearings over Irish’s termination went through 2016 and well into 2017 while Sergeant Corbett was being given a pass for clearly violating department policy during the Felz incident. This is at best an inconsistent application of policy and a strong indicator of favoritism in the department – ergo, cancer.

If you think I’m being hyperbolic about comparing Paul Irish to Frank Serpico in premise, in the notion that the Department will crush one of their own to cover their corruption or incompetence – remember that I’m being sued, along with David Curlee and this blog, for allegedly clicking links and posting stories that showed police misconduct. Stories that showed the Kathryn Hamel deal. A story about a pervert cop at Fullerton High School that FPD and City Hall wanted kept secret. The city has never disputed those stories, or others – they’ve just demanded we remove the truth from this site while defaming us as thieves and hackers.

Your tax dollars are being used to punish us not because we allegedly clicked links and thus broke a federal law in the process. We’re being sued because we, yet again, embarrassed Fullerton PD by pointing out corruption and malfeasance and my records requests, if fulfilled as required by law, would embarrass them further. They’re using your money and the courts to intimidate and attempt to silence us because we again stepped out of line. We got in the way of the Blue Wall of Silence and both those in uniform and those in charge at City Hall are too self-interested and too cowardly to stand up for what is right. Too worried about their pensions, campaign dollars and cronyism to be ethical. They preach integrity and practice treachery.

Sadly the tale of Paul Irish is just another in a long line of such stories. A story of the government using it’s weight to silence dissent. A story about government arrogance crushing a voice even when it comes in the form of an officer talking about the things the Police Department hypocritically displays on their own walls. Ethics used during times of convenience are no ethics at all.

November 29, 2019December 1, 2019Ahmad Zahra

Can We Finally Say Good Riddance to Dick Jones?

by Joe Sipowicz9 Comments

Word has seeped out from the once hermetically sealed walls of City Hall that we may not have Richard “Dick” Jones, Esq. to kick around much longer. It would seem, if the rumors are true, that Good Ol’ Dick has had enough of screwing the taxpayers of Fullerton with his pettifogging, self-serving legal advice and is “retiring” with all of his ill-gotten spoils.

Well, possibly not all his spoils, because he must believe his “I Can’t Believe Its A Law Firm” will have some residual value after Mudslide oozes off.

Now I don’t know about you, Friends, but a collection of lawyers that includes Kimberly Barlow and Gregory Roosevelt Palmer doesn’t seem like it could be worth very much to me; but Jones is supposedly pitching the continued services of his collection of miscreants, so he must plan on keeping his name on the letterhead and probably receiving revenue thereby.

Will our city councilcreatures keep this gang on retainer? After the abysmal performance of Jones in the pas it’s hard to imagine anybody wanting them around, at all. Of course this is the same gaggle that has kept Jones, et al., on the clock for over twenty years – and that’s a lot of bungling and cover-ups.

November 26, 2019Ahmad Zahra

Meanwhile, Back @ The Ranch – Part 3

by Mr. Peabody14 Comments

dick-jones — Mudslide and Mayer. Staying awake long enough to sign the invoice…

Fighting your own incompetent and belligerent government can be distracting. And so rather than be distracted, I’ve been playing catch-up with some more of the doings of our idiocracy since the City’s legal lizards tried to stomp on our 1st Amendment rights.

Back on October 1, our esteemed council took on the business of people camping out in their cars. Naturally, the problem needed to be institutionalized, and institutionalized it was – by giving the Illumination Foundation a contract up to $100,000 to run a site-specific car and RV park. FFFF correspondent T-REX covered the story, here.

With their usual political courage, the council directed that their City Manager, Ken Domer, could decide the location and thereby let a bureaucrat insulate them from the repercussions of their own decision.

Now that location is known – the alley and public parking between the historic Western marketing Building and the Elephant Packing House, a building on the National Register of Historic Places.

Well, fine, say I. This site is directly adjacent to the crown jewel of Fullerton’s Failures, the so-called Union Pacific Park, or, as it is charmingly referred to by neighbors, The Poison Park. it seems right and proper that the City deposit one failure next to another, which is already situated across Harbor Boulevard from one of Fullerton’s first Redevelopment boondoggles, the Allen Hotel eyesore.

And stay tuned for episode 4, in which the Poison Park returns to the agenda, and the Fullerton City Council steps on its own weenie again.

November 22, 2019November 22, 2019Ahmad Zahra

Meanwhile, Back @ the Ranch – Part 2

by Mr. Peabody39 Comments

You pay the mortgage, we live in the palace…

When a government sues its own citizens you have the spectacle of a taxpayer having to pay for for his defense and pay for the legal attack upon him. And what a sad, Kafkaesque sight it is.

Another disgusting passion play is when governments use your money to try to propagandize you for their scheme to take more of your money.

And so very recently the Fullerton City Manager Ken Domer paid to survey the local gentry about the state of the city.

Dear Resident:

The City of Fullerton has hired an independent public opinion research company to conduct a public opinion survey to obtain feedback on key issues facing the City and identify residents’ priorities.

Thank you for participating in this important research. Please click here to take the survey or copy and paste the link below into your web browser.

https://opinions-survey.com/index.php/survey/index/sid/242328/newtest/Y/lang/en/token/3065BT818751

Your participation and responses to this survey will be completely confidential. The identity of individual respondents and their individual answers to survey questions will not be shared with City staff or officials.

Please do not forward the survey link to others or share it to social media as it is personalized for each recipient of this invitation to ensure that the survey link will only work once.

Sincerely,

Kenneth A. Domer
City Manager
City of Fullerton

It’s a good thing the City has so much money to play with.

Lo and Behold! The survey is nothing other than:

An attempt to get you to prioritize the various messes the politician and bureaucrats have created, and,
Ignore the biggest problem – a vastly expensive, often criminal, and completely irredeemable police department; and,
Subtly offer a 1% sales tax as a way to fix the problems; and,
Failing that, howdja feel about a .75% sales tax? And,
Gather that prioritization information you gave them to fashion their propaganda campaign for the inevitable tax.

The heart of the City celebrates another impending victory…

My advice is to ignore the survey except for amusement purposes and remember that we will have school district bond proposals on the ballot in 2020 as the insatiable maws of local government takes ever more and returns ever less.

November 22, 2019November 22, 2019Ahmad Zahra

Fullerton v. FFFF – New Judge, New Court Dates

by Joshua14 Comments

OC Superior Court in Santa Ana

Things just keep on moving in the legal battles between us and Fullerton.

Yesterday the Hon. Judge Lee ruled that our two cases, Joshua Ferguson v. Fullerton and Fullerton v. FFFF, Joshua Ferguson, et al are related in response to our request for such a ruling.

As such we will no longer be gracing Judge Lee’s courtroom in Department C31 on 27 February 2019.

Currently we have a Status Conference regarding the City suing us on 12 Dec & a Case Management Conference on my Writ of Mandate case on 16 Dec in front of the Hon. Judge James Crandall in Department C33.

OC Superior Court Related Cases Dec2019

For context we argued, and the city opposed, the point that these two cases are related owing to them involving the same parties and general facts:

“[T]he two actions are based on similar claims, arise from the same transactions and events, and require the determination of substantially identical questions of law and fact. The CPRA lawsuit alleges that the City has improperly withheld records it claims are confidential or exempt from disclosure. The City’s lawsuit claims that in the process of responding to Defendants’ CPRA requests, it placed confidential or exempt information on its website, www.cityoffullerton.com/outbox. In both cases, the City has the burden to show that the documents are confidential.”

We’re of the opinion that the city’s case against myself and this blog is retaliatory owing to the fact that the city waited months to file their case and only did so AFTER I filed my Public Records lawsuit.

The city claims they waited to “secure their network” which is utter nonsense considering their own experts, in their own declaration, stated that the city needed approximately 30 days for the company Glass Box to fix their network (not Dropbox) vulnerability. Yet the city sent their original Cease & Desist email on 14 June, their letter to our attorney Kelly Aviles on 17 July and then they waited an additional 99 days to file their lawsuit against us on 24 Oct.

That’s a lot more than the 30 days recommended by Glass Box and sure is convenient timing. It’s even more convenient that the City had to vote “again” on 19 November “in an effort to clarify any Brown Act violations” when they refused to report out about their alleged vote back in September that Whitaker denies even took place.

I will be very surprised it the city does not attempt to appeal this decision to link the cases.