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

Al Zelinka. Failing to the top.

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

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

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

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

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

Matt Foulkes. The downward spiral is complete.

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

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

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

Flory in search of the proverbial yard arm.

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

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

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

You can take the douche out of the bag…

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

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

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

 

Whitaker Re-elected to OC Water Board

This is water…

 

Last night the City Council voted to appoint Bruce Whitaker To the OC Water District Board of Directors. The term of the previous incumbent, Ahmad Zahra had expired at the end of 2020.

The vote was 3-1-1, with Whitaker, Jung and Dunlap voting for Whitaker; Zahra nominated and voted for himself; Jesus Silva decided that discretion was the better part of valor, and abstained.

Zahra-Busted
Why is this man smiling?

It was not for lack of trying to keep this paying gig that Zahra relinquished his job. No, Indeed, for a line of scripted commenters tried valiantly to praise Zahra to the Heavens, why, Good God! The man practically invented water!

Too much scotch, not enough water…

The funniest commenter was none other than Fullerton’s Mistress of Disaster, Jan Flory, who joined in to share in the hosannas for Zahra. She read her script okay, but it included her statement that Zahra had actually authored articles about water,,,for the Fullerton Observer.

Whitaker was clearly the better choice. The water board has jurisdiction over the aquafer on which we sit. The district has massive financial reserves paid by us in ad valorem taxes. And in the past decade the OCWD has been at the center of a massive rip-off called Poseidon, a desalinization scam meant to provide more water to OC county for the purposes of south county development.

Unlike Zahra, Whitaker will not posture on the board for publicity and to be able to pretend some imagined expertise. He won’t use the agency to promote his own agenda and his own political prospects. And Whitaker is not currently charged with crimes by his own police department; nor is he under threat of recall by his district constituents.

 

 

The Florentine Mob Pulls Out

Sit down and grab some sidewalk, brother…

It’s taken well over thirty years, but apparently the Family of Tony Florentine is calling quits in downtown Fullerton. Normally, such an occasion would be cause for gratitude, reflection, fond memories, etc., etc., ect.

But not in this case.

The reason nobody is indulging in kind reminiscence is simple. Over the years the family has been in on, and accused of some very shady stuff. Forget about shitty food and consider the following fun events, documented right here on the pages of FFFF, even if ignored by City staff, the Fullerton Police Department and the Fullerton Fire Department.

  1. Tony (NOT Joe) Florentine accused by former employee of torching his own business – The Melody Inn – back in the late 1980s.
  2. Tony Florentine magically converts an outside dining permit into a permanent structure built across a public sidewalk in the early 2000s.
  3. Tony’s bright kid, Joe, illegally converts the family restaurant into an illegal night club in the mid 2000s.
  4. In 2012 Papa Tony files phoney FPPC complaint against Tony Bushala in an effort to help his Gang of Three avoid recall. Complaint denied.
  5. After gaining a CUP to operate as a club, Joe Florentine never installs the fire sprinkler system required of the CUP.
  6. Seeking approval of yet another CUP in 2019-2020 even though the terms of the previous CUP had never been met,  Joe Florentine forged and had notarized an application that by-passed the building owner, thus placing the City in legal jeopardy.
  7. Last spring the Florentines decided they were entitled to remove on-street parking in order to help themselves.

It’s hard to say what other misdeeds and actual crimes have been committed by the Florentines, over the years. Stories abound. But what we know gives us plenty of reason not to consider their departure with any sort of remorse.

And the very continuation of the bad behavior gives us plenty of reason to ruminate on the political climate that permitted the ongoing flagrance and fraud. Decision makers in City Hall have been running interference for, enabling, and diligently looking the other way through this little reign of terror. Does anybody care? The old City Councils never did. Will the new one?

Andrew Cho Won’t Talk About the Tax

Anaheim bankruptcy lawyer and District 1 council candidate, Andrew Cho has sent out a mail piece with the usual dreary pictures of his incredibly happy home life, his conservative Republicanism, and the empty promises of accountability, public safety and miraculous economic superpowers.

Too bad we then see his endorsers – a gaggle of liars, grifters, thieves, and idiots you wouldn’t trust to walk your Pomeranian. He shares his bold pledge to support Prop 13, as if that had any bearing in Fullerton. More on the subject of taxes in a bit.

The bottom portion of the flyer is dedicated to attacking his one and only opponent, Fred Jung, as a radical leftist.

But notice what’s missing? That’s right. No mention at all of his position on Measure S, the 17% sales tax that is the brain child of his sleazy string-puller, Mayor-for-Hire Jennifer Fitzgerald; a tax increase that is approved by liberal Democrat councilcreatures, Flory, Quirk-Silva and Zahra.

Well, that’s not very good, is it District 1 Republicans. Poor “Andrew” is in a big bind. The Republican registration is a dwindling minority in D1, and if Cho is trying to shore up the die-hards at this point in a non-partisan election he’s in deep republicrap.

Rumblings In Sunny Hills

Back on August 18th, out esteemed City Council began the process of declaring a strip of property along Bastanchury Road to be “surplus.”

The vote was 4-1 with Bruce Whitaker in opposition.

Down on the farm…

The obvious purpose of this strategy is to to sell the property to an affordable housing developer so that the politicians can feel good about themselves and maybe raise some fundraising dough. For Mayor Jennifer Fitzgerald this most likely means a lobbying opportunity after December when her presence on the council will mercifully come to an end. Why? Because developer selection and rezoning can be budged along by Pringle and Associates on whose street corner Fitzgerald plies her trade.

But not everybody is happy and there is an election in a month.

The natives are restless…

The locals on the hills behind the proposed development naturally object, as do environmentally-minded people who want the site preserved as opens space. The locals have even come up with a website and are advertising their displeasure with the City Council.

Fred in nature…

And naturally this has become a sudden election year issue for the District 1 council seat. Fred Jung has already made his position known that he prefers the open space option. On the other hand, his opponent, Andrew Cho, was hand-picked by Fitzgerald to have a reliable vote on the council. But not only is Fitzgerald gone this fall, but so is her pal Jan Flory which means that after the election there could be three potential votes to save this site as open space.

The Council passed this item with the usual “this is only the first step in the process” bullshit that begins the process of cloaking another hot mess in the mantle of inevitability. For the folk of District 1, however, the story may take a different turn than the City house-acrats and politicians are hoping for.

 

And So It Begins…

We all knew that we were going to be bombarded with political mail in support of the City Council’s proposed 17% sales tax hike on this November’s ballot. And we all knew that the City Council hired a PR outfit to blow our money to educate us about the beauty of the thing – to the tune of $130,000. Of course none of this is legal, but this is Fullerton where everything is legal that the deplorable City Attorney “Dick” Jones says is legal.

Some of the Friends have already received pro-tax propaganda from our masters in City Hall and here is a sample:

Like it? You paid for it.
Tap dancing around the edge of the truth…

As usual, government tries to con us into bailing it out after it has failed so spectacularly the past decade to maintain reserves, balance budgets and pushing back against never-ending salary and pension demands from the public employee unionistas. Care about the homeless? Vote for our tax; Want potholes fixed? Tax! Youth programs? Who doesn’t love ’em – vote for our tax. Seniors? Ditto. Emergency services? They’re really getting hungry. A usual, the propaganda is larded up with misleading information and scare tactics and, gosh, we should be scared.

You will not be asked to reflect upon the reality that this same operation has dismally failed to fix roads in the past; that this bureaucracy has no intention of starting now. A Culture of Corruption in the Fullerton Police Department? Oh, we fixed that years ago – no, don’t look at that body over there, we have no idea how it got there. You’ll have to sue us to find out!

This crew has burned through tens of millions in reserve funds while its spokeholes on the council Jennifer Fitzgerald and Jan Flory lied about balancing the budget.

Ken Domer
Domer. There’s a lot less there than meets the eye.

Good luck, passing this obscentiy, boys n’ girls. The public is hurting badly at the moment and your first recourse was to try to harness us oxen with the yoke of a new and regressive tax. Well, guess what? The yokes on you, City Hall, and you’d better have a Plan B stuffed into one of Domer’s desk drawers if you know what’s good for you.

Ballot Argument Against The New Sales Tax

Leaving Fullerton City hall a lot worse off than she found it…

Pulled from the City of Fullerton’s website, here is the official ballot statement of opposition to the new sales tax proposed by our Mayor-for-hire. Jennifer Fitzgerald. If you think about it the tax proposal is a monumental indictment of the tenure of Fitzgerald and her yes vote, Jan Flory, on the city council. Employee pay raise after pay raise, unbalanced budget after unbalanced budget.

VOTE NO!
Ask yourself: Does the City of Fullerton need even more money from me? If this tax
passes, every time you make a purchase, you will pay 9% sales tax in Fullerton, the
second highest sales tax in Orange County.
The ballot measure title is deceitful. This massive tax increase is not dedicated to fix
Fullerton streets, which are rated the worst in Orange County by OCTA. Rather, the
money would go into the General Fund and could be used for anything.
This 1.25% sales tax increase would be permanent. It is general, not specific, meaning
the City Council could spend this money on salaries and pension benefits for City
Administrators and other City employees.
Over the past decade, Fullerton’s failed leadership spent nearly all revenue increases on
salaries and pension benefits:
Since 2011, sales tax revenue grew by 51%, property tax revenues increased 52%.
Between 2015-16, Council majority approved $19.5 million in pay increases.
Since 2011, the Council raised its two largest department budgets 41% and 55%.
In 2019 alone, according to Transparent California: 146 City of Fullerton employees
received over $200,000 in total compensation, while 51 employees received over
249,000 in total compensation. Fullerton pension recipients collected over $43 million.
The City has already increased water rates by a whopping 29% since June 2019, and is
scheduled to increase rates again by another 11% next July 1st.
The facts are: the City had plenty of money to repair our roads many years ago had it
adopted sensible reforms and reasonable, balanced budgets. Fullerton should already
have smooth streets and water pipes that do not routinely burst.
Vote NO on higher sales taxes!

If You Weren’t So Dumb You’d Know The Right Thing To Do

Accountability? It was never on the agenda.

And so education is the key. To that end our esteemed City Council voted 4-1 last week to pay some sort of “consultant” $129,000 between now and the November election to educate us all about why we need to vote for a new 16% increase in city sales taxes.

That’s right. A few minutes earlier, in the wee small hours, the council voted 4-1 to put a sales tax increase on the ballot. Then they added their little Maraschino cherry right on the top.

The government is not allowed to promote a ballot issue. Of course this prohibition never stopped agencies and school districts in the past. In fact they do it all the time. Wasting $129,000 gives them cover, they believe to promote their shake down. Well, we already know the “educational” pitch:

Lookit all the goodies we will get! Of course we should be getting all this stuff anyhow, if our city government were capable and honest instead of feeble, self-defensive, and in too many instance just corrupt. For years as our reserves were eroded every year Jennifer Fitzgerald and Jan Flory and their feel-good choir insisted that the budgets were balanced, projects were well-run, and infrastructure was prioritized. We all knew those were lies and now that we are scraping the bottom of the proverbial barrel it’s obvious to even the most oblivious observer.

For years Fitzgerald and company kept pouring money into the “public safety” sack, a move that endeared them to their union supporters but that jacked up payroll and pension costs while delivering zero increase in public safety. Our famous police department continued to nurture illegal behavior in its ranks and the City did its utmost to cover it all up.

Well these worthies have a tough row to hoe given the mood of the public and the ongoing Covid 19 pandemic. They’d better have a back-up plan because there’s little chance the electorate is going to want to protect the business-as-usual gang in City Hall. The completely hollow and cynical promise of oversight and audits isn’t going to persuade anybody.

 

Zahra and Silva Think A Pot Shop Next to Your House Is Okay

Last night’s City Council hearing on moving ahead with a marijuana ordinance produced the usual incoherent blather from our distinguished electeds, none of whom seemed to know what they were talking about, and two, in particular, who seemed to have been coached by representatives of the legal pot lobby. Of course we learned that the previous outreach didn’t reach anybody not looking to make a buck in the weed biz.

Somehow in its latest incarnation, staff’s proposed framework for allowing these uses, particularly dispensaries. reduced the “buffer zone” at schools and parks from 1000 feet to only 600, and eliminated the buffer for residential zones altogether. Why? Pretty obviously to increase the opportunities for locating dispensaries.

Councilmembers Zahra and Silva, who gave every appearance of repeating “consultant” talking points expressed concern that workers in these places be unionized and that to proceeds go to kiddie social programs, but they were more interested in increasing parcels available for development than they were about the impacts on residential neighbors. The bumbling Silva in particular made a big deal about having most permissible zoning in order that the burden of hosting these facilities would be shared by rich folks up in the hills, an idiotic pretext since a majority of the council spent a good deal of time extolling the virtues and minimal impacts of licensed shops.

Councilmembers Whitaker, Flory and Fitzgerald indicated their desire for a 1000 foot buffer, and the inclusion of residential use as a “sensitive receptor” requiring a buffer. So good for them. However, Fitzgerald and Whitaker both voted against going forward with more “outreach” and a future ordinance anyhow, meaning that either Zahra, Silva or Flory somebody is going to have to change their support for a residental buffer, ultimately, in a final ordinance. I leave it to the Friends to guess who that might be. On the other hand it’s hard to see how this can make it back to the Council before the election and both Flory and Fitzgerald will be gone, meaning that we may get lucky in Districts 1 and 2 and get a level-headed council majority who can make a decision that isn’t bogged down by fake concern, verbal gas, and union stoogery.