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 SPEAKINGAGAINST 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:
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…)
During a quick stop at the on-line Fullerton Observer I read an article by Jane Rands about a dope forum held by the folks at NUFF – an organization of mostly geriatric liberals whose mission seems to be to promote safely pro-government candidates and causes. Aha, thought I, perhaps someone will stand up for the rights of the people of California who have voted twice for marijuana legalization and twice have been thwarted, whenever possible, by the Drug Warrior/Prison Industrial Complex.
Weed Tribunal
The three members of a panel, selected by who knows who, were Ahmad Zahra, Temp Fullerton Top Cop Bob Dunn, and some dude named Richard Ham about whom I know nothing.
Whatever hopes I had about this get together were quickly dashed reading the article. Smilin’ Zahra, it seems, once got a prescription for medical weed for his fibromyalgia, but was too chicken to try it. Scary stuff. Ever the wordy equivocator, Zahra seemed to be all for lots of regulation because gosh darn it, the kids have already been exposed to cannabis by illicit shops popping up next to schools.
The large and seemingly self-satisfied Chief Dunn, who used to be a spokeshole for the notorious Anaheim Police Department, gave the usual cop-blather about the evils of drugs (kiddies were getting into mom and dad’s digestible stash!) and reminding Fullerton’s tremulous seniors that drug driving is a crime. In typical police fashion he suggested that a confused public causes his boys “a lot of effort with little return.” Same ol’ bullshit the cops have been peddling for 60 years. In a grand gesture of philanthropy, however, he did let it be known that he and his posse intended to follow the law. Gee thanks, Bob.
The third member of the Dope Troika was Mr. Ham, a Korean business guy in some sort of hotel business. Good thing he was there, because somebody was able to point out the all the flaws in the present system where cities are allowed to opt-out of legalization and the ultimate consequences of California ridiculous 2016 referendum: the maintenance of an illegal, underground system of cultivation and distribution.
Zahra proclaimed the meeting a “good start” begging the question of why in the world anyone needs to start considering these issues. Why there is any confusion about marijuana in this state after over twenty years of legalization? It’s because the cops and the cowardly politicians don’t want clarity, they don’t want freedom and they don’t want to be deprived of the seizure asset income they get from the War on Drugs.
Mr. Zahra did accomplish one thing. Because of the presence of Mayor Jesus and Jan Flory he warned of the dangers of a Brown Act violation, chasing our stalwart mayor out of the room.
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.
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?
What’s going on over at the Fullerton Arboretum? Well, it’s pretty clear: a bunch of State educrats and planners have their eyes on expanding the CSUF campus into the Arboretum grounds. Why? Because they can.
At April 10, 2019 open houses, these worthies finally unveiled their “concepts,” “placeholders” and other thin end of the wedge lingo that means construction of some sort is coming. The on-line story in The Fullerton Observer by Jesse Latour gives an excellent summary of what happened – along with the recital of the poor planning effort the planners put in to holding their own meeting. The staff drones and their flunky “consultant” obviously didn’t count on the horde that showed up to almost unanimously oppose any encroachment on the Arboretum grounds, and to point out, correctly, that the place had been overwhelmingly described as people’s favorite place at the university.
Pay no attention to the people in front of the curtain, especially the ones sitting on the floor…(image shamelessly boosted from Fullerton Observer)
As might have been expected, lie and dissimulation, and outright refusal to answer straight questions were piled one on top of one another into a classic bureaucratic dung heap. But one thing emerged in pellucid light: the people that run the university want to build something, maybe anything, within the confines of the existing Arboretum. All three “conceptual” scenarios include new buildings on the grounds that are not wanted or needed by the people who run the Arboretum. And those of us who know how these incremental approvals work know that the die is already cast.
Unfortunately, the good folk who showed up for this phony pow-wow don’t understand that as local citizens they have virtually no power to effect a stop to whatever the Cal State University system and its Chancellor in Long Beach authorize. This is particularly true since Fullerton’s Redevelopment Successor Agency seems to be pulling out of its long-standing cooperative agreement with the university. Back in the late 70s, the City actually paid to help establish the Arboretum. Does anybody in City Hall care? There is certainly no revenue to be squeezed from it.
And who should know that better than the Florentine Family whose nightclubs at the corner Harbor and Commonwealth, as FFFF recently noted, were out of compliance with their Conditional Use Permit that requires the installation of fire sprinklers.
Yo, this is better’n Joisey. I got me a sidewalk!
This is surely ironic to people who consider such things, since the paterfamilas of the clan, Tony, used to own a restaurant and lounge called the Melody Inn that was gutted by a suspicious fire in 1989 and required the demolition of the oldest remaining commercial building in Fullerton. This in turn, set off a years-long bureaucratic chain of humiliation and Redevelopment folly that concluded with the construction of a hamburger restaurant and other architectural monstrosities.
There is no second floor. Other than that it’s a 2 story building
Maybe it was supposed to be a swimming pool
Now, you might think that someone who suffered such a terrible tragedy as losing a business just a few hundred feet from his current one would be a lot more concerned about a repeat performance in 2019. And you might think the Fullerton municipal government would be a lot more concerned about fire safety and well-being of the Florentines’ patrons.
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.
Those of us in the cheap seats out in Podunk have noticed something odd and can’t quite figure it out and we’re hoping that some of you friends have some answers.
The problem is that Joe Florentine operates a night club in clear violation of the Fullerton Municipal Code and possibly CA Law if not just CA building codes. How so? His nightclubs located at 100-104 N Harbor Blvd, and which have a combined occupancy of over 300 people, are lacking fire sprinklers. Feel free to check for the permits yourself to verify.
Fire sprinklers, mind you, which were a condition of his Conditional Use Permit back in 2008.
The CUP from 2008 on this issue fully states (our emphasis):
“12. The 2008 Building Code requires that restaurants and drinking establishments with a fire occupancy of 100 persons or more are required to install fire sprinklers. As a result, the business owner is required to add fire sprinklers as a matter of approval. Because this is a Building Code requirement, the Planning Commission does not have discretion to waive this requirement. Staff has recommended a condition to assure that the work be performed within a specified timeframe of the use approval, or else the CUP will be brought back to the Planning Commission for revocation.”
Here’s the California Building Code for those who are curious, keep in mind that Florentine’s is said to be about 8,000 sqf:
His business qualifies as requiring fire sprinklers. His conditional use permit requires him to have fire sprinklers. Yet he has no fire sprinklers.
Why are there no fire sprinklers?
Why hasn’t his Conditional Use Permit been revoked as required by law?
For 10+ years Florentine has been operating the largest restaurant / night club against the law and for 10+ years our staff has done nothing about it. Even though Fire and Life Safety are the issues at hand.
OK, that’s not fair to staff. They have done something. They’ve willfully ignored fire codes, building codes and public safety. We’ve got to give credit where credit is due and nothing in this case certainly is something.
Despite that 2008 Conditional Use Permit threatening a mandatory revocation, the city has never once enforced the issue of fire sprinklers let alone considered bringing his CUP back for possible revocation. Not Once. In all that time our useless Planning Commission has been too inept to ask tough questions of staff or for a list of gross violators to even notice this glaring slap against their preening authority.
But wait for it, it gets better.
Each year like clockwork the ever rotating Fullerton Police Chief signs off on Florentine’s Live Entertainment Permit making FPD complicit in this glaring life safety fail. Here’s an example from 2016/17:
Check #7.
“7. The C.U.P (if applicable) shall be strictly enforced.”
The Chief of Police is signing off on Live Entertainment Permits and claiming that conditions of use, such as fire sprinklers, will be enforced while NEVER ONCE ENFORCING THEM in well over a decade.
While Community Development Director Ted White likes to talk about needed changes to the municipal code, specifically Title 15 which passed our clueless Planning Commission, he mentions lights and lumens and outdated technology. It sure is curious that he never bothered to mention Fire Safety and how he, his staff, nor any staff across Fullerton, can be bothered to enforce those issues and laws either. Nevermind flagrant violations of state law, HOLY CRAP LOOK AT THOSE LUMENS! We just can’t measure those time to change the codes!
While he’s baffling our clueless leaders and representatives on the dais with bullshit, he’s letting guys like Florentine violate safety concerns because… why exactly?
No seriously, why? Why are we tolerating staff, our Planning Commission, and our City Council blatantly ignoring the law while they spoon feed us nonsense about lumen measurement?
This is an endemic problem. That Live Entertainment Permit as seen on the Fullerton website actually needs to be signed off on by multiple departments:
How is that nobody in the Building, Code Enforcement or the Fire Department has a problem with such a large venue with such a large civilian capacity each weekend being in clear violation of fire codes?
Joe Florentine actually made the case in front of the Planning Commission recently that the Live Entertainment Permit process was too arduous. Let that sink in. The dude who’s breaking the law and putting people’s lives at risk has the sadz because the process, that is letting him slip by with his lawlessness, wants the process to be easier!
An artist representation of Joe Florentine after speaking to Planning Commission.
Maybe you can figure out why right now, this weekend of St. Paddy’s Day which is one of the heaviest drinking days of the year, the city is going to continue to put hundreds of people at risk in Florentine’s night clubs.
The city knows Joe Florentine operates his bars outside the law. He is legally required to protect the public he allows in his doors, but refuses to do so. We know it, we tolerate it, and we even sign off on it at least once a year.
Why is this important? Why should you care that your city staff ignores the law and signs off on Florentine’s shenanigans?
Because this means YOU, the taxpayers of Fullerton, are on the hook for an accident in Florentine’s bars.
You, through the Police Chief & Fire Department, signed off on his entertainment permits to pack his bars.
You, through your Council, Staff and City Manager, told him he was safe, every year. You told him he’s a good operator despite obvious evidence to the contrary.
So what happens when, God forbid, there’s a fire like the Ghost Ship in Oakland where fire sprinklers were also lacking?
Who pays restitution? Little ol’ Joe with his big house and big pool up on the hill?
NO! You do! You pay! Just like you always pay when staff and council refuse to do their jobs. You signed the dotted line that blessed all his illegal bullshit and then you did nothing about it.
You get what you vote for, Fullerton. This weekend your vote will be used again to tolerate putting hundreds of people at risk. You voted for people to not enforce life safety laws, you voted to not enforce alcohol service laws, and you voted to not enforce zoning laws.
Fullerton’s City Council, on the other hand reminds me of Porch Boy from Deliverance: good at one thing and, well, everything else? Not so much.
Our council’s skill-set is entirely focused on hiding screw-ups – from auto crashes to mismanaged construction progress to a breathtaking budgetary neglect that can only be discussed by lying about it.
At the heart of the matter is a council that is just incompetent, and worse, refuses to hold anybody accountable for their expensive errors. But the one thing that can be relied upon: no one will ever admit mistake.
The bars stayed open and the band played on…
If you had any doubts on the matter, simply refer yourselves to the silly charade of picking a council replacement. The fix was in from the beginning. There was zero chance anybody but the egregious Jan Flory would be chosen, despite other applicants who had actual ability. Why? Because Flory was already complicit in all of Fullerton’s misadventures that have led to an an FPD Culture of Corruption, an out of control booze riot downtown, a near empty treasury and the worst roads in Orange County; and if anybody was willing to stay the course, lie about a balanced budget, blame the stingy taxpayers for the state of the roads, and prop up clearly useless and grossly overpaid city manager and city attorney it was her.
But the people that have made a mess out of Fullerton are running out of options, especially pension options, when the State pension board decides to lower its actuarial assumptions again. And then the gravy train will run out of gas. And who will be asked to fill ‘er up? That’s right you and me.
When Jan Flory came back to council she extolled her virtue of no scandals – and then her son Mike clearly decided – Challenge Accepted.
We really don’t want to write about this issue but it’s one which points to a pattern of problematic behavior that needs to be addressed. A pattern of behavior by a man who works around minors for the OC DA’s office and was recently convicted of PC 415(2) – Disturbing the Peace – in a case that originally involved a battery charge, PC M242, allegedly against a minor.
This new story is pretty simple. Somebody wanted a photo of Tickle from the show Moonshiners and that somebody asked the question of the wrong Mike. Instead of sending the message to Mike [Redacted] they sent it to Mike Flory. And instead of getting a photo of Tickle they got a photo of Flory’s junk.
To make this news it needs to be stated that that somebody – was Mike Flory’s niece.
Our victim’s own 8yo daughter was sitting with her when the offending message came in and she quickly deleted it so no, we will not be showing the photo here on FFFF but to satiate your dirty bird desires here is a stunt cock:
When his niece, who we should clarify was a flower girl in his wedding, got upset he doubled down claiming to want to “get up in those guts”. To his niece.
Now we’re no prudes and we normally don’t care who sends what to whom consensually – but this was an unsolicited genital pick sent to a family member. All from a man works for the DA’s office in the Juvenile justice department.
How do we know this happened absent the photo? We had to verify a few things.
First we have the messages that came after the offending photo:
You’ll notice on that first screenshot that the phone # is 714-305-5648. How do we know that’s Mike Flory?
Well, that was a small problem. As many of us have to remain anonymous here on FFFF due to retaliation and threats we didn’t exactly want to call a Deputy DA so we punched the number into the internet and up camethe State Bar of California website with:
The allegation then is that Mr. Flory is sending unsolicited dick pics from the phone # he has registered with the State Bar of California. Before people start complaining that this is Doxxing, no it isn’t as Mr. Flory has provided this to the State Bar as public information and it is easily searchable as just demonstrated.
But there’s no photo so how do we know one was sent? That’s what call logs are for:
We wanted to make sure there was a “there” there before running this piece and after some due diligence have every reason to believe that this happened as described to us based on the phone calls and texts we have had with Mr. Flory’s niece as well as the supplied evidence and a few character witnesses we have spoken to in the last few weeks.
This is an issue of integrity and ethics but also one of propriety in a District Attorney’s office which has been plagued with years of scandals, cover-ups and bad actors. This is a chance for our new District Attorney, Todd Spitzer, to show us that he doesn’t tolerate such behavior in his ranks and that he expects his staff to be better examples to the public they serve. To be humble and apologetic instead of sickos with no sense of shame.
We offer this as a challenge. The ball is in your court Mr. Spitzer. Are you going to continue the sordid legacy of Tony Rackauckas and stand behind such behavior or are you going to try to finally bring some dignity to the OC DA’s office? We and many others will be watching.
