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?

Fitzgerald Quits Fullerton City Council

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

Today Jennifer Fitzgerald announced her resignation from the Fullerton Council, effective immediately.

It’s a dirty job, but someone’s gotta do it…

“I can no longer even pretend to fulfill all the oaths I swore when I became a councilperson,” said Fitzgerald. “All the developer shakedowns, all the lies, all the influence peddling – I just can’t keep track of it all anymore. Balanced budgets, commitment to roads, honest cops – people want so much and I am so tired. I’m going to spend time with my family,” she stuttered weepily. “The evil has been backing up so much I feel I may burst.”

Mayor Jesus Silva responded to the announcement by saying ” I guess I’ll miss her helping me out at meetings when I started babbling like a boracho pendejo, but it will sure will be nice to have only one woman telling me what to do.”

Quick, get clear of the impending collapse…

Recently appointed Councilwoman Jan Flory had kind words for her colleague. “I’m going to miss Jen’ on council. To my lights she was the heart of the city and represents the very best commitment to service. We accomplished all sorts of things together – good roads, a successful downtown bar scene, an accountable police department, an unmatched string of balanced budges, effective and successful public works projects – you name it. She’s the reason Fullerton is where it is today.

Recently elected councilperson Ahmad Zahra was quick to praise Fitzgerald. “I thought at first  she might be, you know, difficult to work with after she called out my long-winded moral posturing on the council appointment deal. But, later, when the chips were down, and she was willing to screw Whitaker just for the fun of it, I was so happy to make the deal to be on the water board. It was a very successful transaction.”

The council will now have to decide whether to replace Fitzgerald by appointment or by special election. According to the City Attorney a special election in November could cost eighty trillion dollars, which might come close to unbalancing the City’s budget according to City Manager Ken Domer.

Fullerton Puts Favoritism over Fire Safety

We’ve received, via a Public Records Request, some of Community Development Director Ted White’s text messages with downtown bar owner Joe Florentine. It looks like Mr. White is working for Florentine which explains a lot:

Ted White Florentine Texts a Ted White Florentine Texts b

To clear this up, those “issues” that Mr. Florentine is talking about include all of his violations of the municipal code and his Conditional Use Permit – specifically his illegal refusal to install fire sprinklers.

Florentines CUP Fire Sprinklers

Florentine is in gross violation and Ted White is pushing a big change to the municipal code through council in order to facilitate Florentine’s bad behavior.

While Mr. White likes to talk about how hard his job is, how impossible enforcement is and how outdated it is to look at “lumens” regarding lighting – he doesn’t admit that fire safety isn’t on his list of priorities – nor is actually doing his job.

Florentine’s properties on the corner of Harbor and Commonwealth, the largest bar / nightclub in all of Downtown Fullerton, as far as we can tell, is the ONLY business given a pass on fire and life safety issues.

We also have it on good authority that Mr. White tried to illegally INCREASE the occupancy at Florentine’s properties, in violation of the law, while ignoring the fire sprinkler issue that has been ignored by staff for 10+ years. Why? Why potentially put more people at risk?

And Mr. White isn’t alone in his belief that one man is above the rules and laws in Fullerton.

Every single year the Fullerton Police Chief, currently Robert Dunn, issues Florentine a Live Entertainment Permit threatening to enforce the applicable laws/permits. And every year the Chief does nothing but wield his rubber stamp for downtown law breakers. This is worse than the old joke of the UN saying “Stop! Or we’ll yell ‘Stop!’ again!” because our Chief can’t even be bothered to use the “S” word. (more…)

Elevators to Nowhere – The Death March Isn’t Over

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

Two years ago FFFF ran a series of posts based on the observations of “Fullerton Engineer” about the ludicrous elevators addition to the existing bridge at the Depot. Nobody wanted this project except for city staff and only because the dime was somebody else’s. And so a strange bureaucratic odyssey began with fits and starts of activity to waste $4,000,000 of transit money doled out by distant agencies. Then in 2017 the monster was shocked back to life with an infusion of $600,000 of Fullerton’s own cash. Ouch. Let’s let our Friend, Fullerton Engineer take it from here:

It appears as if the depot elevator project is grinding to a conclusion: the elevator foundations and steel are finally done and the traction elevators are almost complete. Are congratulations in order? Not quite, although I suspect there will be a victory celebration and ribbon cutting and back-pats all around when the City Council takes its first expensive elevator ride.

A construction sequence that should have taken perhaps seven months has dragged on for two years. That’s right – two years. No one in charge seems to have offered any explanation, probably because no one in authority has ever asked for any. As I noted in the spring of 2017, the request for more money was shrouded in double talk and obscurantism. Somebody was hiding something.

Over the past two years as I have driven by the site it was more likely that I saw no one working as when I did. So what were all those people who were being paid, and well paid, to oversee this fiasco doing? Who knows? Have delay claim change orders ever been processed? Have they been rejected? Is a lawsuit coming or is it just going to end in a feeding frenzy on a complicit public agency? PRA requests may shed light on this disaster, if in fact they are not ignored by the city’s lawyer.

Don Hoppe, our former City Engineer has disappeared into a well-pensioned retirement. His replacement, a professionally unqualified bureaucrat will take no heat for this embarrassment. It’s no-fault government  where the taxpayer foots the bill.

— The Fullerton Engineer

 

Did Jennifer Fitzgerald Just Admit to Illegal Lobbying on Behalf of Jamboree Housing?

Recently Jennifer Fitzgerald circulated to her closest supporters- via her Curt Pringle & Associates  email account – her opening salvo in the 2020 election, an email entitled “2019 – A Year of Resolution and Re-commitment”.

Plus a few people she thinks are her closest supporters. Whoops.

There’s a lot to digest here, and the amount of mendacity, outright falsehoods and terrible policy proposals would take multiple posts to unpack.

But one particular boast stands out above the others:

No, not the one about the budget (although it is absolutely galling how she can still claim she balanced the budget two years after the City admitted we have a serious structural deficit and four years after members of the public started noticing). Instead, look at her claim that “Looking back over my six years of service on the Fullerton City Council, I’m proud of newly constructed affordable housing communities with… Jamboree Housing.”

So what’s the problem? Well, as Curt Pringle & Associates admit on their facebook page,  Jamboree Housing is one of their clients. Which means that Councilmember Fitzgerald just bragged about breaking the law.

That’s the one.

Two important caveats. First, I know from attending most council meetings over the last four years that Fitzgerald has avoided voting on any agenda item involving Jamboree Housing’s low income housing development since obtaining residence at CP&A. However, Government Code Section 87100 doesn’t just prohibit an elected official from making or participating in making a decision in which he or she has a financial interest – any attempt by an elected official “to use his official position to influence a governmental decision” is also illegal.

Second, and probably more important, this is could be yet another example of Fitzgerald misleading her voters about her accomplishments (and possibly CP&A clients, given that this email was sent via jennifer@curtpringle.com)  and taking credit for something she had no role in, or claiming she accomplished something she did not.

“Hey, it was balanced for a few seconds!” – Jennifer Fitzgerald, probably

So which is it? Did she break the law and influence a decision that she had a clear financial interest in or does she just have a chronic aversion to telling the truth and chose to brag about her influence and effectiveness to Fullerton voters as well as potentially CP&A’s clients?

A quick poll of FFFF staff seems to indicate that “both” is not entirely out of the question as a possible answer, but maliciousness is in the eye of the beholder.