According to Voice of OC, our old pals the Florentines, pere et fil, are at it again.
The family goes way back
This clan of scofflaws has a long history of violating Fullerton’s municipal code so it should be no surprise to learn about their most recent hi-jinks.
Apart from rumors of arson and arboricide, FFFF readers have been treated to the Florentine saga of scandalous sidewalk theft, illegal dance floors, and operating in violation of the requirements of a conditional use permit.
The latest offense, which came to light at yesterday’s Planning Commission meeting is an application for a Conditional Use Permit (CUP) amendment that was not authorized by the property owner, a guy named Mario Marovic. The Fullerton Municipal Code explicitly requires property owner authorization for a CUP. Instead, the actual application form was digitally modified to show that the Florentines themselves could now authorize the amendment. The person who signed the form, Joe Florentine, the junior member of the gang, claims he has no idea how the form got altered.
Domer. Just following orders…
Once something starts giving off a bad odor it’s pretty certain that it’s only going to get worse. Many questions need to be answered, pretty damn quick: Why did the planning department process an application they must have known violated the law? Why did our crack City Attorney Dick Jones decide to accept the strange legal reasoning of Florentine’s lawyer? Did the City Manager, Ken Domer, direct the Planing Director to ignore the law? If Domer did, was it on orders from Mayor Jennifer Fitzgerald, who has been running interference for scofflaw bar owner in downtown Fullerton for eight years of mayhem?
Kind Readers, every once in a while we receive an essay one of the Friends wishes to us to publish. In this instance Mr. George Jacobson has written a piece objecting to the proposed gigantic school bonds that the educrats at the FSD and FJUHS districts have smuggled onto the March ballot with virtually no public notice.
The vote on the second reading of the FSD Resolution that included language changes, was actually taken December 10th, a mere three days before the ballot opposition statement filing deadline and seven days after their Notice of Intent was filed. Well, let’s hear from Mr. Jacobson:
Always coming back for more…
ZOMBIE SCHOOL BOND MEASURES TERRORIZE FULLERTON VOTERS
by George Jacobson
They are coming after us, with their ravenous appetites. Yes, the Fullerton Union High School District (FUHSD) has placed on the March 3rd Presidential Primary ballot a very large property tax bond measure that will require every homeowner and property owner in the district to pay $30 per $100,000 assessed valuation. So, for example, if you live in a house that has a $500,000 assessed valuation, you will pay an extra $150/year in taxes to the high school district. But wait, it gets worse. Not to be outdone, the Fullerton Elementary School District (FSD) is also placing on the March 3rd ballot their own very large property tax bond measure, which also will require every homeowner and property owner living within the elementary school district’s boundary to pay an additional $30 per $100,000 assessed valuation. What this means is that if both bond measures—Measure J and Measure K—pass, and if you live in a home that’s assessed at $500,000, you will pay an extra $300annually in property taxes. Both Measure J and Measure K are by far the most expensive local school bonds to ever appear on the ballot in Fullerton!
Just like zombies, these two school districts keep coming back for more and more of your money, not waiting for bonds that they already got passed to be paid off. As you may recall, in 2014 the high school district fooled enough people to get their $175 million Measure I bond measure passed (it just barely passed, receiving a 56% “yes” vote; anything less than 55% “yes” and the bond measure would have lost). You may also recall the mailers urging a “Yes” vote that voters received claimed that the $175 million would be spent on educating and training FUHSD students for “jobs for the 21st Century.”
Now, a 21st Century job is usually one that is thought to encompass the Science, Technology, Engineering, and Math (STEM) fields. And, for one to be successful and employable for such occupations, one needs to possess a solid background and understanding of math. So, let’s look at how FUHSD math students have performed since the $175 million Measure I bond passed in 2014. At the end of each year 11th graders (juniors) in all the district’s schools are administered the state test—California Assessment of Student Performance and Progress (CAASPP). In 2015 at Fullerton Union High School 63% of the juniors did NOT meet the CAASPP grade level standard for Math. One would think that by 2018 the $175 million of Measure I bond money should have produced significant improvement in these students’ math scores. But, in fact, the students did worse! In 2018 67% of FUHS students did NOT meet the CAASPP grade level standard in Math. Shockingly, this worsening trend was the same at all the other FUHSD schools. Buena Park High: 76% in 2015, then 79% in 2018 not meeting the grade level standard for Math. La Habra High: 58% in 2015, then 67% in 2018. Sonora High: 55% in 2015, then 58% in 2018. Sunny Hills High: 40% in 2015, then 45.5% in 2018.
How could such a horrible worsening of the math scores occur, given that FUHSD’s top priority in 2014 was supposedly to train and educate district students for jobs for the 21st Century? A clue can be found in looking at what the district really spent the $175 million on. It turns out that FUHSD actually spent most of the $175 million on the following: a new theater at La Habra High, new stadiums at La Habra HS, Buena Park HS, and Fullerton HS, new swimming pools at Sunny Hills HS and Troy HS, and a new gymnasium at Sonora High. An actor, football player, and swimmer is not a 21st Century job! As for FSD, its students’ test scores also make for grim reading. For example, in 2018 the median English/Language Arts score on the CAASPP test was 51% of FSD students NOT meeting the grade level standard, with 6 FSD schools reporting 60% or more of its students not meeting the CAASPP grade level standard for English/Language Arts.
The Measure I 2014 property tax bond costs homeowners $19 per $100,000 assessed valuation, and is not paid off until 2039. Already a person living in a home that’s assessed at $500,000 is paying $95 annually in property taxes to the high school district. And, this same homeowner is already paying annual property taxes on the elementary school district’s Measure CC bond, which passed in 2002 and isn’t paid off until 2027. Plus, this homeowner is already paying on not just one, but two bonds that the college district (North Orange County Community College District—NOCCCD) got passed. In 2002 NOCCCD’s $239 million Measure X bond passed, and in 2014 so did NOCCCD’s $574 million Measure J bond. These two NOCCCD bonds cost $120 annually for a homeowner living in a house assessed at $500,000. When one adds up all the taxes that one is currently paying to FUHSD, FSD, and NOCCCD, if the two new bond measures that will appear on the March 3rd ballot are passed, one living in a house assessed at $500,000 will pay just to these three education districts $590!
There was a time when school districts lived within their means. If they issued a bond, they would pay it off over the bond’s 25-year period, and only after the bond was paid off would the school board then consider asking the voters to approve a new bond proposal. Clearly, those days are over in Fullerton. If the high school and elementary school districts fool enough voters to get their latest huge property tax increase bonds approved this March 3rd, what is to stop them and the college district from coming back again in 4 or 5 years with yet another bond measure? Remember, zombies keep coming back for more.
Most of you, dear Friends, probably only know Fullerton City Attorney Dick Jones as the marblemouthed, incompetent, prevaricating boob whose own failure to protect City secrets has led to a city-attempted crack down on the First Amendment. You may recall he was also the stooge who sanctioned the illegal water tax in Fullerton for years.
But Mr. Jones’s manifest talents for acrobatics along the tightrope of ethics are well-known across the county.
The cities of Brea and La Habra buy much of their water from a “private,” non-profit middleman called California Domestic Water Company, an operation that wholsesales water to its municipal customers. The cities get to appoint their own board members to this corporation which has been fighting efforts to make these same members report their financial interests. And guess who is the Chairman of this Board? You guessed it – the ubiquitous Richard Jones, Esq. who also happens to be the City Attorney for La Habra.
So far so semi-benign, right? Except that California Domestic Water has a wholly-owned subsidiary called Cadway. And not surprisingly, the Cadway board is comprised of the exact same members as Cal Domestic. Oh, and, yeah, it just so happens that Cadway is a for-profit venture that also deals in water sales and trades in conjunction with Cal Domestic, and that paid out over $100,000 in five years to former Brea City Manager, and Cadway boardmember, Tim O’Donnell. It seems that Cadway rewards its operatives with bonuses for increased volume of water sold to its customers – the people of La Habra and Brea – an obvious conflict of interest that landed O’Donnell in hot water with the Fair Political Practices Commission for non-disclosure, and a paltry $500 fine.
Hopefully, The Voice will keep digging into this matter, including digging into what sort of benefits have accrued to our own City Attorney, Dick Jones.
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.
Where there’s smoke…
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.
Let slip the dogs of law…
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.
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.
Play it again, Ken…
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.
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.
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.
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.
I knew trouble was brewing when I saw this picture. My former mistress and her drinking buddies. Normally when the drinking began I would crawl under the sofa.
Well, what the hell. You humans provide the caption. I mean really, what can I, a poor dead dog add to this?
As many Friends now know, the City of Fullerton has decided to move on from bullying language to actually sue FFFF. Here’s a summation from The Voice of OC.
Domer. So much less there than meets the eye.
The City has also posted a ponderous press release on its website, written in the high dudgeon of a bureaucrat whom you suspect already realizes that diverting attention from his own bungling by blaming somebody else, may be harder to pull off than he had hoped. Here’s our $230,000 per year City Manager Ken Domer trying desperately to seize some sort of high moral ground:
“The City was forced into taking legal action to protect the privacy of current and former employees and the public, and to ensure compliance with applicable law to include the California Public Records Act,” stated Fullerton City Manager, Ken Domer. “We are working aggressively on behalf of those affected and took immediate actions to put in place a more secure information technology environment. These actions support our philosophy of transparent access to information while protecting confidential information from the unethical and illegal actions of a few.”
Now I don’t know about you, Friends, but I find the words “unethical” and “illegal” to be pretty funny tumbling out of the mouth of Domer, whose only aim in his short tenure in Fullerton seems to have been to fight a rear-guard action against transparency. Domer’s self-righteous indignation is comical coming from the lackey of serial liars on the City Council – people like Jan Flory who is, and always has been, dangerously allergic to the truth; like Jennifer Fitzgerald who has not yet seen an ethical barrier she couldn’t sidestep; and like Doug “Bud” Chaffee who was complicit in his wife’s phony carpetbagging address and stealing campaign signs she didn’t like.
The budget is balanced and the cops are tip-top. Or else.
We need only reflect on the way the City has bent over backwards to cover-up the scandal of Wild Ride Joe Felz to know that what Domer is peddling about is utter bullshit.
And as further proof (if we needed any), let us pause for a moment to consider the following snippet from Domer’s press release:
Based on evidence uncovered in our internal investigation and direction from the City Council, the City Attorney’s Office has now filed a complaint in Superior Court seeking a temporary restraining order against the involved Blog and its contributors.
Say what? Direction from the City Council? When O’ when did that ever occur? The issue of whether or not to take FFFF to court has never been publicly agendized and never voted on by the City Council. The subject has never been discussed by our marble-mouthed City Attorney, Dick Jones reporting out of Closed Session.
Domer says he has a “philosophy” of transparent access to information. His actions give us a crystal-clear view of what that philosophy really is: stall, hide, deceive, misrepresent, and ass-cover.
Friday’s edition of the Orange County Register has a puff piece on how much progress Fullerton’s Police Department made in dealing with the homeless population. I can’t comment on the quality of the article, however, because I was unable to make it past this quote from Bob Dunn in the very first paragraph:
“Eight years have passed since the fatal beating of a homeless, schizophrenic Kelly Thomas by Fullerton police, but the tragedy remains a “deep wound” in the department’s psyche, says the city’s new police chief.”
Since our Police Chief is apparently unfamiliar with the meaning of the word “perspective”, allow me to provide some.
Kelly Thomas was a troubled individual, but he was a human being, and on July 5, 2011 he was essentially tortured to death in full view of hundreds of witnesses, all while apologizing and begging for his father. THAT is tragedy of Kelly Thomas, not the psychic boo boos the Police Department may have suffered.
Most people, after having been nabbed committing trespass and theft would at least lay low for a respectable period of time.
Caught Red Handed
But Paulette Marshall Chaffee, the former carpetbagging sign thief who quit the Fullerton City Council race less than a year ago is not respectable. She has decided to run for the Orange County Board of Education, a fairly obscure and almost totally opaque local agency.
One of our attentive Friends actually received a push poll promoting this miscreant. Just in case you don’t know a push poll is one of those phony calls that ask questions like: “if you knew Paulette Marshall invented a cure for cancer would you be more or less likely to vote for her?”
Oops, She Did it Again
Well, I have a question of my own: what in the world are this woman’s qualifications? She can’t even steal campaign signs without getting busted.
Paulette and her doddering husband Doug “Bud” Chaffee have a long history of arrogance and indifference to the people of Fullerton, and so this move shouldn’t be too surprising.
And neither should it be surprising that we, the good folks at FFFF, will be conducting our own outreach: if you knew Paulette Marshall Chaffee plead guilty to theft would you be more or less likely to vote for her?