Got noise? Lots of noise? The two “doctors” on the Fullerton City Council and their followers like the Kennedy Sisters and tender young Elijah want you to believe this is vibrancy and culture and small business success!
Friends can file this story under a number of different categories: political puppetry, gross hypocrisy, unmitigated gall, comical self-righteousness, offense is the best defense; pick any one you like.
At last Tuesday’s Fullerton City Council meeting we were treated to another diatribe by a guy named Oliver Montecristo attacking Fred Jung, Nick Dunlap and Jamie Valencia. We have already met Oliver, here. Oliver wants everyone to believe that Jung and his colleagues are anti-small business, a new line of attack by Ahmad Zahra and Shana Charles, two muppets who have never run a business in their lives.
It’s pretty clear that Oliver is one of the minions in Zahra’s stable of impressionable young fellas. His other protégé, lively young Elijah Manassero, has taken up the myth of the City’s persecution of Olly’s mom, and the family restaurant, Les Amis. The rents on City property are so darn high! The Kennedy Sisters at the Fullerton Observer have also taken up the Les Amis cause.
The only problem is that the Montecristo clan led by mom, Jinan, have a notorious record of not paying their bills, and encroaching on public property without authorization or permits. Check it out:
Feb 2011 Jinan Montecristo d.b.a. Les Amis Restaurant & Lounge (Jinan) applied for an outdoor dining encroachment agreement.
Aug 2011 After several reviews of the site plan, staff provided a draft encroachment agreement to Jinan for consideration
Sept 2011 Jinan issued a letter to staff challenging the lease rates. Les Amis installed fencing and started operating within the public right-of-way without executed agreement (south patio).
Dec 2011 Staff send revised encroachment agreement for consideration
June 2012 Jinan was issued an Administrative Restaurant Use Permit (ARUP), which included an ancillary outdoor patio. Among other things, the conditions of the ARUP required a valid encroachment agreement pursuant to the Outdoor Dining Guidelines established by the City Council.
July 2012 Staff send revised encroachment agreement for consideration
Dec 2015 Jinan submitted building permit to expand into the north portion of the building.
Feb 2016 Staff inform Jinan that she owed $28,659.60 for use of the public right-of-way of private benefit (9/2011 – 2/2016).
May 2016 Modification of an Amended ARUP was approved, expanding existing restaurant into adjacent tenant space. Jinan executed an encroachment agreement for outdoor dining (south patio only; $510/month; $6,120 annually). The agreement also required payment for 12-month prior occupancy ($6,120; negotiated down from $28,659.60).
Aug 2016 Jinan issues a letter to staff indicated they are “unable to fulfill financial obligations” due to “hardship”.
April 2017 Jinan was issued a letter from the City attorney to pay outstanding balance on account.
May 2017 Encroachment Agreement expired.
Aug 2017 Les Amis expanded into the north patio area without a permit/agreement for outdoor dining.
Nov 2018 Jinan was issued a letter from the City attorney, indicating they are in violation of their ARUP, failed to pay the lease outlined in the executed agreement, and are required to remove encroachments (north and south patio) by Dec. 14, 2018. Jinan subsequently expressed interest in continued use of both patios. Outstanding balance was $24,643.70 at the time.
Dec 2018 Jinan signed resolution of breach of outdoor dining encroachment agreement and FMC. Resolution waived outstanding balance on Patio 2 (north patio; $5,263.70), resulting in $19,380 of remaining account balance.
Jan 2019 Staff sent two encroachment agreement(s) for consideration. Jinan expressed interest in removing Patio 1 (south patio) and expanding Patio 2 (north patio)
March 2019 Jinan executed Encroachment Agreement for new north patio only. New Agreement was for $913.75/month ($510 for north patio; $403.75 for prior occupancy fee ($19,300 amortized over 48 months))
Permit was issued for removal of fencing around south patio and installation for north patio expansion per executed agreement.
May 2020 City Council paused collecting lease revenue from all outdoor dining encroachments due to the COVID-19 pandemic. Outstanding balance for all outdoor dining agreements was also waived. Les Amis waived balance was approximately $13,647.50.
June 2022 Council approved new lease rates for outdoor dining on public property.
Aug 2022 Les Amis reinstalled south patio without permits and/or an agreement.
Sept 2022 Jinan submitted application to reinstall south patio.
Aug 2023 Staff reinitiated collecting lease from all existing agreements.
Oct 2024 Jinan defaulted on payments from August 2023 to October 2024, accumulating a dept of $13,468.71. Jinan signed an agreement for a 12-month payment plan to pay the outstanding debt of $13,468.71.
NOTE: this did not include prior occupancy for the reinstalled south patio.
Nov 2024 Jinan executed two superseding encroachment agreements for outdoor dining with the new lease areas and rates.
April 2025 Jinan defaulted on payments, accumulating an outstanding balance of $26,650.96. Staff terminated the agreements, cancelled the payment plan, issued several notices of violations, and required removal of all encroachments. Jinan expressed financial hardship and requested the City revisit the lease rate. Jinan also paid $1,200 toward the payment plan and expressed interest in purchasing the property. The city paused removal to explore options.
July 2025 Jinan was once again requested to remove all unpermitted encroachments. Jinan paid $3,900 toward the payment plan. City Manager agree to extend the time for compliance or a change in the Outdoor Dining policy for 60 days. To date, Jinan has an outstanding balance of $31,185.10 ($5,494.06 payment plan; $25,691.04 encroachment agreements)
Yikes! What a history of screwing the taxpayers. Almost 15 years worth. Poor, small-businessman Oliver was in fourth grade when it started.
Over the years Jinan has deliberately dodged paying many tens of thousands of dollars in rent to the people of Fullerton. She has illegally encroached onto public property without agreements or permits in place on numerous occasions. The record is abundantly clear: the City has bent over backward for years and years to accommodate this woman; rather than evicting Janin from the City’s property and taking her to court for the rent due she has effectively stolen, they kept giving her more opportunities to rip us off. Pathetic, really.
Well, Oliver may think the documentation of his family stiffing the public is all nonsense and that somehow he and mommy are victims, doncha know; however, no one except the inordinately stupid would believe it.
The cynical manipulators like Doc Zahra don’t believe it either, but Zahra won’t miss a chance to get some eager fool to stand up and harass the people who haven’t, and won’t make him Mayor.
Shana Charles has flipped her stance on noise regulations. I wrote about it, here the other day.
Previously, the councilwoman proposed a 10pm cutoff on amplified music with an 11pm cutoff on weekends. This is an ideal solution, as it supports residents’ needs for peace and quiet while still recognizing the importance of nightlife to the city’s “vibe.” However, Mayor Pro-Tem Charles has renounced her previous stance and instead, her recent vote indicates that she now stands behind louder music and promotes the disruption of residents.
Shana has failed to side with the reasonable ordinance that would benefit both residents and businesses. Her stance seems to favor only the business side, ignoring the needs of the residents who deserve a quiet environment, especially during late hours. The lack of respect for all of us who live here undermines trust in our local government and shows a disregard in our community’s well being.
Once again, an elected in Fullerton has flip-flopped. Big surprise.
Obviously, Shana doesn’t live near the loud music. The amplified music is constantly disrupting our sleep, even on weeknights when rest is necessary for school and work. This inconvenience is impossible to get used to and negatively impacts our focus, energy, and overall lifestyle. It never seems to quiet and is a constant headache to all of those who are affected.
Shana’s decision was hypocritical and disrespectful to all residents. It just looked political. It’s frustrating to see those in charge act for political reasons rather than in the best interests of the community. Some councilpersons’ choices continue to show a lack of accountability and awareness of how their actions impact everyone else. Decisions like these create disappointment and distrust, making it harder for residents to believe that those leading Fullerton truly care about the people they represent.
We need to hold Mayor Pro-Tem Charles accountable for her actions and recognize what the city really needs, not what Charles wants.
Last night the Fullerton City Council, at long last, approved a noise-related addition to the Municipal Code. The vote was 3-2: Jung, Dunlap, and Valencia for, Charles and Zahra voting no.
This effort has been going on for over ten years, has been diddled with by more than ten City Councilpersons (Flory twice), and five City Managers, acting and permanent.
The ordinance is pretty tame really, with decibel levels I think are way too high, but at least gauged at the property line where the goofy and distracting issue of “ambient noise” can be better put to rest. Hours of outdoor music have been addressed with common sense and respect for neighboring inhabitants.
Fines for violators are in place, and about time, too.
It was amusing to watch Zahra and Charles pretend to be “pro-business.” We know the performance was disingenuous because of their cavalier attitude to non-bar businesses on Wilshire Avenue that suffered when that pair closed the street for their absurd “Walk on Wilshire.” They ignored the fact that downtown Fullerton runs in the red and is subsidized by the rest of us. Really their act was about voting against what they characterized as the wishes of “one businessman” regardless of the need for reform.
In what surely must be the dumbest thing said in recent years at a council meeting, Ahmad Zahra claimed as a fact that the “downtown is dying,” a really weird and irresponsible thing to utter. The Dismal Damascus Doctor offered exactly zero facts to support his stupid utterance.
Naturally, our friend sweet young Elijah Manassero popped up to inform the council that most of the bar owners were already non-compliant with the new rules. His logic led him to conclude that therefore the new regulations were ill-advised. It didn’t seem to occur to the tender sprout that the continual bar-owner abuse of existing law was precisely why the new ordinance was needed. I have no idea what they’re teaching the young folk these days, but thinking doesn’t seem to be in the bundle, although I’m sure callow Elijah has loads and loads of self esteem.
Now it will be time to see if the City Code Enforcement operation will employ the willingness and the competence to enforce the law. They have stubbornly refused to do so in the past, partly because councilmembers were running interference for the scofflaws. And part of the reason for staff’s reluctance might be because enforcement implies some sort of fault or failure, and in City Hall the decades long mess they made out of downtown Fullerton, has been characterized as a stunning and inarguable success.
Last fall a silly committee was created by the City Council to pretend to explore ways to raise Fullerton’s public revenue. It’s gone by the hopeful name “Fiscal Sustainability Committee.”
No one really believed this “ad hoc” committee was meant to do anything but to propose some sort of sales tax increase, and that’s exactly what they did this week at what looked to be their final meeting. Of course there were only 4 members present and they split on whether to propose a general sales tax increase or special sales taxes aimed at “public safety” and infrastructure.
But this predictable and inconclusive conclusion is not what my post is about.
This post is about a guy named Derek Smith, one of the appointees to this committee, lifted out of obscurity by none other than Councilman “Dr.” Ahmad Zahra.
Guess what a very quick search reveals? Smith was not a random appointment based on apparent fiscal experience. Derek Smith is the political operative for the UFCW 324, the grocery store worker’s local union. Does that ring a bell? It should. Derek was clearly the mastermind of the national HQ’s $60,000 contribution to an “independent” political action committee dedicated to electing Vivian Kitty Jaramillo last fall. The origin of that money suggests a much darker source: the local SoCal MJ dispensary cartel.
That’s a lot of green from the produce section. How come? Because the OCFW 324 represents workers in the local marijuana dispensary business, part of a wider cartel that has been trying, with the help of Ahmad Zahra, to crack into Fullerton for several years. Jaramillo was going to be their Golden Ticket for a revived marijuana ordinance.
So Smith’s real fiscal experience consists of blowing $60K of somebody else’s cabbage on the S.S. Jaramillo.
Mr. Smith made the news in Anaheim a couple years ago getting a suite at the Honda Center courtesy of Mayor Aitken after pushing $140,000 in her direction.
Back to Fullerton, Cannabis Jaramillo’s loss to Jamie Valencia was disastrous to Zahra in so many ways, not the least of which could his apparent utility to the MJ cartel.
Anyhow, at the end of the meeting Smith voted to recommend a general sales tax increase for Fullerton to deal with our fiscal crisis, although in the front of his mind must surely have been the idea revenue from the sale of cannabis products – good for the budget, good for his union.
And last year we were number 29, among Orange County’s 34 cities based on per capita unrestricted net positions (UNP).
FFFF’s Bureau of Data & Statistics (FFFFBDS) was presented the following chart produced by the California Policy Center, a conservative think tank who tracks such things.
Ouch. Fullerton is way down there at the bottom – each citizen being in the red for $1050 – based on 2023 numbers from the Annual Comprehensive Financial Report. We are better off than Orange, Costa Mesa, Anaheim and Santa Ana.
Pretty soon Fullerton is going to have to pay the piper and we will be presented, once again, with a Measure S-type sales tax increase in the 13% range. The question is whether such a tax can pass at an election. A General Tax only needs 50%+1 but may be a tough sell; a special tax – for infrastructure, say – requires 67% a harder nut, but one where people can see what they’re getting.
An infrastructures tax does noting to alleviate Fullerton’s chronic financial mismanagement under Fitzgerald, Flory, Zahra, Quirk-Silva and Charles. It’s very clear that the liberals on the Council want the tax that eluded them in 2020.
But what about Jung and Dunlap? They are no longer able to distance themselves from Fullerton’s fiscal cliff having now been around for over four years. What have they done to ameliorate the chronic shortfall? The answer is nothing. For years the sleepy Bruce Whitaker voted no on annual budgets and he never bothered to put much thought into solving the problem.
Then there’s newcomer Jamie Valencia who’s not responsible for any part of the problem – yet. Will she go for a tax on the ballot? Her public safety union supporters will push her. Does she even understand the magnitude of Fullerton’s mismanagement? I wonder.
Of course we may be grateful that Valencia’s opponent didn’t win. Then a sales tax would have been inevitable.
Tomorrow night’s council meeting promises to be a big affair. Once again the Kennedy Sisters will be ringing the tocsin – calling all Boohoos – oppose a policy creating ban on free, non-governmental materials in City property. The inevitable crying and hand wringing will be amusing to watch.
And there may be some of our Fire Heroes, and their families there, too. How come?
Because the Fire Department is proposing to take over the driving, washing, and maintaining their new fleet of sole source “coaches” and figuring out how use their new fleet of gurneys,
Of course Giant Savings are forecast. But do you believe them?
The comparison “study” is at such a high level that no details are shared – big problem. The City knows the current private operators numbers because they gave them to Fullerton under the contract. How about those of the Fire Department. No.
One of many downsides is that the “in-house” option budgets have a high degree of speculation.
Are all of true costs known? One would have to be pretty well-convinced (or gullible) to believe that newly unionized and pensioned ambulance drivers could be cheaper, and cheaper by a lot.
If these drivers leave town after they are vested, who picks up the CalPERS check, for say, the next 30 years?
The City assumes full liability. Are insurance premiums for this new FFD scope expansion forecast in the budgets presented budgets? I wonder.
And finally I come to the biggest problem. Accountability. From soup to nuts. No accountability for the forecast budget’s accuracy, no accountability for anything else. There would be no contract with which to enforce performance and delivery – especially bad performance.
No doubt the heroes will proclaim a local control, budgetary and public safety victory. Will it be? I think the public should be made aware of the details that back up the simple chart in the agenda.
True, the current system is ridiculous. An FFD paramedic takes a trip to St, Judes with the ambulance. The an entire crew with a fire engine follows to the hospital. Not to look at the bad art on the lobby walls, but to pick up their compadre and return to the fire station.
However the correct response is not to take over the ambulance driving, but to follow the lead of Placentia and privatize the damn paramedic job! Their results in Placentia have been fine and they’re saving money.
A couple months ago FFFFs attorney, Kelly Aviles sent a letter to the Fullerton City Manager announcing our intention to begin a paper edition of our humble blog, and requesting that the City permit distribution of that publication on City property – places like the lobby of City Hall and the Community Center.
Dear Mr. Levitt:
I hope this finds you well. I am writing to you on behalf of my client, Fullerton’s Future, who’s in the process of launching a new newspaper publication to serve the residents of Fullerton. As part of the marketing and distribution efforts, my client seeks to place a newspaper rack in the lobby of City Hall, similar to the arrangements that have been made with other local newspapers.
We respectfully request the City Council grant approval for my Client to install a newspaper rack in the lobby of City Hall. My Client has secured a financial commitment from a local businessman for a significant amount of private financing to launch this new business endeavor committed to contributing to the local community by providing important local news, restaurant reviews, business advertisements, and information that reflects the diverse interests of our city’s residents and their needs for alternative news sources. In addition, an application to form a new 501-c4 will soon be filed with the IRS for this venture.
Please let me know if there are any specific procedures or requirements that need to be followed to facilitate this request or if the Council has any preferences regarding the placement of such a news rack at City Hall. We are eager to comply with any guidelines you may have.
Thank you for your time and consideration and we look forward to your response.
Sincerely,
Kelly Aviles
FFFF hasn’t been particularly forgiving of all the murder, mayhem, misbehaving, and costly mistakes our highly paid employees have made over the years with the blessings of boobish city council members; the City has even gone so far as to sue FFFF contributors for mistakes made by employees and our City Attorney; therefore we figured our chance of getting our voice heard in City Hall was nil.
We were right.
Of course we knew the City was just stalling us. Now the wait is over.
If you check out next Tuesday’s council agenda you’ll notice Item #14. It’s a Resolution establishing a policy that keeps FFFF off City property and limits the presence of non-governmental communications to the Main Library “community corkboard” – at the discretion of the Librarian.
Wow, there’s steaming pile of bureaucratic jargon – enough to satisfy anybody who admires that sort of gobbledygook. My favorite sentence is “The policy emphasizes that all City facilities remain non-public forums.” Wouldn’t want a public forum in City Hall, now would we? That space is reserved for government propaganda.
I don’t believe this would be on the agenda at all without previous agreement in closed session, hidden away from prying eyes under the deceitful cloak of “potential litigation.” I wonder if they can legally enforce this policy.
We may have to start printing selected copy from our greatest hits and push pin them onto that community corkboard!
Last August supporters of Fullerton 4th District Council candidate, Democrat Vivian Jaramillo, created a fake “conservative” candidate to draw votes away from the person presumed to be Jaramillo’s principal opponent – Linda Whitaker. The candidate, Scott Markowitz, committed, and plead guilty to perjury.
It’s abundantly clear that at least one person helped phony candidate Scott Markowitz commit the perjury when he falsely swore that he collected his nominating signatures. How is it clear? Because at least one of his nominators told the District Attorney Todd Spitzer that it wasn’t Markowitz who got them to sign, it was someone else; either that or Markowitz himself volunteered the information, which isn’t likely since he was arrested and booked into the Santa Ana Jail.
Speculation is increasing and questions are still being asked, such as: what’s the name of the person or persons who suborned Marko’s perjury, and why hasn’t Spitzer prosecuted him/her/them? In fact, a Public Records Act request was recently made to Spitzer’s office to reveal the name of the person or persons involved in the Markowitz case.
Back in the fall, suspicion fell immediately on a guy named Ajay Mohan, a former Democrat operative who held Markowitz’s hand at the City Clerk’s office while picking up nominating materials. But could Mohan have known any of the nominators well enough to get them to sign the papers of a MAGA-sounding candidate?
Some folks behind the scenes put early money on creepy and desperate Councilman Ahmad Zahra, the immigrant marriage fraudster and serial prevaricator. Then attention turned to the equally seedy Aruni Thakur, the guy who tried to get elected to the Fullerton City Council in 2020 in a district he didn’t live in. Both are well-known local Democrat office holders who would have been familiar to the Democrat nominators like our old friend Diane Vena. Hey, what about Jesus Quirk-Silva, the dim-witted ex-councilman and husband of wannabe king/queenmaker, Assemblycreature Sharon Quirk?
Recently a new front runner has emerged, a chap named Andre Charles. Charles revels in the lofty title of President of the North Orange County Democrats club. His wife, the self-important, wordy, and ingratiating gasbag, Shana Charles, is on the City Council. Charles had both the motive and the means to sucker local Dems to nominate Markowitz in absentia. Indeed, several nominators of the faux Trumpy Markowitz are members of Charles’ Democrat club. Hmm.
So what was the result of the PRA request? Predictably, the DA’s office isn’t answering, saying they don’t have to – the records are confidential even in closed cases. But if no other crimes were committed, then who cares, right? Yet the response from some guy named Wayne Philips in the DA’s office does include this tidbit:
Is this merely a boiler plate brush-off, or is some investigation really still underway? Personally, I doubt any investigation is going on, but if I were one of the perps involved I’d still be a little nervous. There are probably lots of weak links in the chain of this scandal, and even Spitzer may be induced to do his job if evidence he is now suppressing is published.