The Thing That Ate Fullerton courtesy of Orange Juice Blog.
Someone once advised that bad design costs just as much as good.
This is particularly true of development that squanders resources, overloads infrastructure, gobbles up energy and foists snarled traffic on the rest of us.
So how come Fullerton has gone head over heels for massive, five-story (and more) apartment blocks the past five years?
At first I thought it was because there was no planning director and that in this void stuff was happening without any sort of adult in the room. Then Karen Haluza came along. Yes, the same Karen Haluza who, as a private Fullerton resident and council candidate, opposed the Amerige Court (now Commons) monstrosity back in 2008. But now Ms. Haluza seems to spend all her time pitching the same ridiculous monsters that were approved when nobody was in charge.
Then it hit me.
These huge projects are moneymakers, and not just for the out-of-town developers that rake in the dough and move on. They are one-time bonanzas for city staff that haul in huge developer fees and massive park dwelling fees. These fees run into the millions.
Now, let’s say that you are a garden variety city manager such as Joe Felz. You have mismanaged the City of Fullerton into a string of unbalanced budgets amounting to over $40,000,000 in just four years. Wouldn’t yoube groping for anysource of revenue you could find?
Apart from the physical cost of these horrible projects, there is the obvious budgetary problem of relying on one-time sources of revenue to make your budget shortfalls look less bad. But to acknowledge that problem would require honesty and a degree of professional integrity.
See that busy-looking guy over there? He’s the one who won’t be doing anything about this…
The Orange County District Attorney, Mr. Tony Rackauckas, has a pretty miserable record holding public officials and cops accountable for their misbehavin.’ It took a dead man and a killing caught on video to get him to prosecute FPD cops Manny Ramos and Jay Cicinelli for the beat-down they instigated and laid on Kelly Thomas. Even that prosecution was touch and go.
And for years we have been seeing T-Rack investigatory work product that was just an obvious nothing.
Now we have the interesting case of Joe Felz’s Wild Ride, in which the Fullerton cops apprehended the former City Manager after he jumped a Greenwood Avenue curb, ran over a tree and tried to drive away. The police on the scene administered no breathalyzer test even though they smelled alcohol about Felz’s person. Instead of a ride to HQ, the cops gave Felz a ride home, with no questions asked. The city sent the case to the DA to examine – something – nobody knows what for.
It turns out that the council of this fine city blatantly and willfully violated California’s open meeting law known as the Brown Act. The Mayor forwarded the matter to the DA. The result? A cunningly brilliant amalgamation of apparent action and no action at all. Even though the DA chastised the council for violating the “spirit and intent” of the law, he claimed that there was no way to prosecute because…he is not a mind-reader! Rather, he presented to them a list of findings and concerns, dos and don’ts that would, presumably, help them in their future endeavors to obey the law. Meantime, councilmembers denied all wrong doing, and there the matter ended, with law enforcement providing an expensive yet feeble shadow-show, and with the offenders keeping their eyes closed as the pantomime played out.
I think the odds of a replay of this farce in the Felz matter are extraordinarily high. The DA has lots of wiggle room. He can’t charge Felz with anything because nobody collected evidence. The cops that let him go were just following orders. The upper echelon who gave the orders – the egregious Andrew Goodrich and outgoing chief Dan Hughes – were merely exercising their professional prerogative to ignore their own policies and procedures whenever they feel like it. At worst, perhaps a gentle hand slap to persons unnamed, case closed and no need for the “internal review.”
Post hoc, ergo propter hoc is a fallacy in logic. It means that just because B follows A, it doesn’t necessarily mean that A caused B.
With this caveat in place, Friends, please consider two events in their close chronological order:
In November of 2015 the people of Fullerton presented Ron Thomas with a $4.9 million settlement for the death of his son, Kelly – killed by members of our police department.
In January of 2016 Ron Thomas bought a house in Cypress for $1.3 million, with no loan indicated.
Does the the first event have any causal relationship with the second? Well, not necessarily, right?
Of course, this topic is only a matter of interest because in 2011 in an effort, one supposes, to curry favor with the media and the public, Mr. Thomas promised to give allof any proceeds from a lawsuit against the people of Fullerton to “homeless programs.” Was it true? Is it true? Will it ever be true? Do you care?
We here at FFFF always value feedback and welcome any comments you may have to help improve our humble blog. Here’s an example from a dissatisfied reader, a phone call:
It seems Mr. Thomas was unhappy with my post this morning, reminding Friends that:
Thomas had gotten a $4.9 million payout in 2015 courtesy of the people of Fullerton, and;
That in 2011 he told the media that he would be donating proceeds from a lawsuit or settlement to “homeless programs.”
Although Mr. Thomas thinks he has been “slandered” I am hard pressed to see any slander in that post, especially since the title of the post takes the man at his word – which is apt given his public persona as a truth-talkin,’ straight shootin’ son-of-gun.
Mr. Thomas says the post is full of inaccuracies, but the only specific he gives is the rather laughable notion that the payout was “handled through insurance,” not the taxpayers, a distinction without any difference as far as he ought to be concerned.
Anyway, Mr. Thomas says we have no idea what he’s done with the money – which I guess must true, since he seems to take issue with the idea that we possibly and reasonably expected him to keep his word. I guess we’ll have to start figuring it out where it has been going.
Below is a video from late 2015 featuring Ron Thomas, the father of Kelly Thomas, who had just gotten a massive check courtesy of the taxpayers of Fullerton.
First, enjoy the feeble bleating of “city attorney” Dana Fox who is just soooooo darn glad the settlement bought peace of mind so everybody can “move on,” although, damn, that’s a pretty high price tag. Of course it ain’t coming out of his pocket, or “Patdown” Pat “I hired them all” McKinley’s, or Manuel Ramos’s or Jay Cicinelli’s or Joe Wolfe’s. We picked up the check for this, just like we always have for the FPD Culture of Corruption, and as with all settlements, the public who pays the freight never gets to learn key information – in this case the extent to which Captain Dan Hughes and former Chief McKinley may have helped cover up the mess and perhaps even if there was collusion between the cops and originator of the phony phone call that led to Thomas’s death. Naturally, neither Hughes, Joe Felz, Jennifer Fitzgerald, Jan Flory or Doug “Bud” Chaffee wanted a trial.
And Ron Thomas himself may have wanted to avoid a trial, too, since that would have meant a jury and the general public would have found out that he sold the picture of his broken, comatose son for publication on FFFF – for $1200.
Anyway, at the end of this video you will hear Ron Thomas exclaim that the big settlement is an admission of liability by the City, by which he really meant us taxpayers. He says that’s all he ever wanted. Did that make you feel any better?
And now we pivot just slightly to another video, this one from 2011, wherein Ron Thomas has alerted the media that he is going to donate all of any lawsuit or settlement amount to the homeless.
Now at least we can be satisfied that some good has come out of the Kelly Thomas murder, even if we had to pay for it – $6,000,000 so far, not counting the invoices forwarded by Mssrs. Jones & Meyer, Fox, and of course the ever helpful hazmat clean-up crew run by Michael Gennaco. At least $4.9 million (less Gary Mardirossian‘s giant fee) is being given to homeless programs. Right, Ron?
FFFF has written about this particular scam before: the Fullerton cop union sends out a pleading request for donations to…itself. Now the supplicant is FPOA boss, Stewart Hamilton, and he writes to you just before Christmas – the Season of Giving!
The thing is so illogical, so dumb, and is really nothing more than pandering to the brainless, or maybe kids with access to their parent’s debit card.
Here’s the latest version of the plea for your hard-earned dough:
Notice first the emotional supplication from behind the Thin Blue Line: we’re there for you now we need you! Well, they want your money, that’s for sure, as will become evident by the end of the letter.
But no, it’s really not about money, see, it’s about family! “Knowing we are not alone” makes all the difference. Alone? They’ve got a over a hundred members plus a completely subservient city council majority.
The cheapest and dirtiest part of this greasy swindle is tying it to helping local charities and their good works. Except that there’s no details and no information about a charitable deduction. And what kind of gullible numbskull would make a charitable donation via the cop union? I’ll answer that: someone who shouldn’t have access to cash or credit.
The recipient is told that somehow his donation will “make a difference” to “fallen heroes” although this is not explained; possibly because Fullerton’s one and only “fallen hero” fell twenty-seven years ago.
There’s one in every crowd…
But the union, that pours tens of thousands of dollars into each Fullerton politcal campaign to elect lackeys on the council like Flory, Chaffee and Fitzgerald, wants you to know how much they appreciate your generosity. Give a hundred bucks and get a lapel pin! Give $250 and you can add a “toy K9” to your bric-a-brac shelf! Double down on that and you will get a “custom” plaque you may hang on your den wall – right next to the plaque with the singing rubber bass.
For the guy with only fifty dollars to part with, you, sir, will get a decal for your car window, although Mr. Stewart assures us that it will not get you preferential treatment should you be unlucky enough to fall into the clutches of the FPD. Still you have to wonder if, maybe, former City Manager, Joe Felz wasn’t displaying a decal the nigh he jumped a Glenwood Avenue curb, ran over a tree, tried to get away and was subsequently driven home by grateful members of the FPOA.
We’re getting used to things like a City Manager involved in a crash getting a free ride home and no questions asked; for years downtown bars and night clubs have been masquerading as restaurants; Hell, we even had one club owner build a room addition on a public sidewalk and get away with it. How many FPD crimes large and small have been hushed up, made to go away? Who really knows?
But if ever a Fullerton resident wanted to find an example of how there are two sets of standards that apply to folks in our town, he need look no farther than a greasy institution called The Slidebar Rock-N-Roll Kitchen.
Poor misunderstood lad…
When it comes to double standards, no one quite succeeds like Jeremy Popoff, proprietor of the Slidebar.
Even if you are not a boozed up troublemaker from Norco, you may have heard of this place and its owner. This was the establishment from whence came the phony call that eventually cost Kelly Thomas his life five years ago. But this isn’t the story of a bar that wanted to get rid of a “nuisance.” No, this post is about a nuisance. A big one.
See, the Slidebar transforms into an entertainment venue at various times during the day, and every night. But the Slidebar has no Conditional Use Permit to so operate as required by the Fullerton Municipal Code. Why is that? Most likely because such a CUP would formally require noise monitoring. And there’s the problem.
Here’s a noise sampling from just outside this venerable establishment:
The Slidebar has been violating both the City’s noise ordinances and the noise levels established in the Transportation Center Specific Plan for years. The cops won’t do anything about it and neither, apparently, will the people paid to enforce the city’s code.
How come?
Stories have been circulating for years that the Slidebar treated Fullerton cops to free food and drink. Is this true? I don’t know, but it certainly gives pause – for a lot of reasons, maybe the least of which is an FPD lack of appetite for clamping down on this public nuisance.
And consider this: Mr. Popoff has made it his business to grease the political gears in Fullerton via campaign contributions. Big time. And is it any surprise that this fine establishment regularly hosts election night parties for incumbent city councilmembers?
I think I need a shower…
Here’s a fun story from the Orange Juice Blog about our lobbyist-councilperson, Jennifer Fitzgerald, partying it up with the Slidebar proprietor, perhaps star-struck by Mr. Popoff’s low-grade celebrity and other mysterious charms. This was at precisely the same time that Mr. Popoff became such an expert at demographics and cartography that his districting map was chosen at the last minute by our feeble city council – unanimously. The sole purpose of that map was to illegally carve up downtown Fullerton – an indisputable “community of interest” – into five districts, thus ensuring that the downtown residents would never have a say in the governance of the open air saloon where they live. And the completely nonsensical ballot statement in favor of this gerrymandered embarrassment was written by none other than…Fitzgerald.
But back to the CUP and noise issues: would it be too cynical to suppose that Popoff’s connections to Ms. Fitzgerald is one of of the reasons this business continues to break the law with impunity?
Enjoy as our Lobbyist-Mayor reads outgoing City Manager Joe Felz’s out-of-a can valediction.
Heartwarming, huh? There is no doubt Ms. Fitzgerald is sorry to see Joe go, but the reasons may have more to do with exercising authority in Fullerton than in any heartfelt sentiment. The important part of this speech, however, is in her description of Felz’s contributions to Fullerton and his legacy. These are important matters to Fitzgerald, as re-writing history always is to politicians.
Note how she credits Felz with bringing Chief Danny on board to “reform” the police department. And how he has masterfully handled the West Coyote Hills shambles, wherein a City government just gives its resident a big fuck you. Even his role in the everlasting Hillcrest Park embarrassment is embellished as some sort of grand victory.
Some people may be forgiven for refusing to accept this self-congratulatory nonsense as they address themselves to some obdurate facts. Such as refusing to reduce personnel, even as Redevelopment was shut down. For outsourcing graffiti removal but keeping the employees on the payroll. For four years of red ink baths to backfill an unbalanced budget. Hiring “Chief Danny?” The man who denied the obvious Culture of Corruption in the FPD. The man who claims to have watched the Kelly Thomas video 400 times, and who let the goons who killed him compare notes and re-write their reports? The man who promoted the only target of the Gennaco report – Goodrich. The man who covered up Felz’s Wild Ride Home on his next to last day of work? Is this supposed to be some sort of sick joke?
And yet for us citizens, no word on what really happened in the early morning of November 9th 2016; no word on what sort of “ongoing criminal investigation” is being pursued, if any; no word on what, if anything the DA has been asked to review.
Well, don’t worry Friends. We will be pursuing the details of Felz’s departure to see what sort of specifics may have been memorialized. And we will not give up getting those cop video records of the night when our former City Manager drove off the road, tried to get away from the scene of an accident, was stopped by the cops, and then given both a pass and a free ride home.
In the first installment of this two-part series we saw examples of how a mere two downtown Fullerton bars (one illegally operating as a night club) had racked up a massive inventory of misdeeds, amounting to hundreds of cop calls in a few years. Just imagine how tough it is for the Fullerton Police Department to manage all this madness, night after night. And what happens to cop service calls in the rest of the city. Poor cops, right?
Yet before we shed any tears over the FPD and the horrible burden they bear, let us contemplate a “story” from the cop union website that glowingly talks about the special relationship that exists between downtown booze peddlers and our boyz in blue. Here are some choice quotations from the article:
Business in downtown Fullerton is booming.
Thousands of people flock from all over Southern California for the food and atmosphere – and to have a good time.
Police officials want to keep it that way.
In downtown Fullerton last year, officers made 562 drunken driving arrests, including 13 DUI crashes. There were also dozens of assaults.
“We could put 100 cops downtown, but we’d be swatting flies,” said Lt. Andrew Goodrich. “We want to work together to solve this.”
Added Police Chief Dan Hughes: “We want downtown to continue to flourish.”
Slidebar owner Jeremy Popoff had already convened a group of owners, calling it the “Downtown Restaurant Association.”
Do you see the absurd disconnect? Booming, flourishing business? Sandwiched between the happy horseshit talk are the startling statistics of our downtown, open-air saloon. The police are not only tolerating Crazytown, a situation they admit they can’t control, they are aiding-and-abetting it. Why? We certainly know that some bar owners like Popoff are politically connected – his place operates without the CUP the City legally requires of a night club. Then there are the recurring and disturbing stories about cops getting free food and drink at some of these bars – like Popoff’s place. These are stories that nobody has denied.
So are the cops just trying to make the best of a bad situation, or has the culture of the department finally become as gin-pickled with downtown booze as the rest of the City political establishment? I believe the department has enjoined a pretty sick symbiotic relationship with the downtown culture. And notice how the good ladies of MADD, the FPDs 5th Column, have never been mobilized against this massive affront to sober driving? Coincidence? I think not.
The closer you look, the worse it looks…
It’s obvious that there is zero political will from our city council to do a damn thing about the problem they created over the years. Just the reverse, in fact. Notice how our council unanimously agreed to carving up downtown among five separate council districts so as to dilute the influence of actual voters in that undeniable “community of interest?” The ballot statement supporting that mess was written by none other than our Lobbyist-Mayor, Jennifer Fitzgerald. Hmm.
The sign of fine dining. And drinks. Don’t forget the drinks. That’s where the real dough is.
As for Popoff, he can join with his fellow merchants of martinis and call themselves a”restaurant association;” they can pretend to play nice even while they are racking up ever-lengthening lists of police calls; what they can’t do, at least now that people are finally paying attention, is pretend that their operations aren’t draining financial resources from the average Fullerton family and putting it in their own bank accounts.
The annual downtown fiscal deficit to the taxpayer is well over a $1,500,000 – that’s ten bucks for every man, woman and child in Fullerton; somehow business is booming – but not the City’s General Fund.
And now, returning to the “article” cited, above: let’s have our new amigo, Mr. Gregg Honour, the control-your-bars consultant, whose attention has been drawn to downtown Fullerton and to FFFF, take us home:
Gregg Hanour, former owner of the Shark Club in Costa Mesa and author of “A Business Approach to Reducing Drunk Driving,” said police departments typically conduct undercover stings to build a case to remove a troubled bar.
“You’re lucky,” he told the bar owners. “Your police department wants to work with you.”
Our old friend the historian Karl Marx wrote: History repeats itself, first as tragedy, second as farce.
And so in Fullerton we have had the spectacle of Jan Flory, a councilperson who worked us over good for two dismal terms in office, was driven out, and who returned 10 years later to provide the final act of a deplorable career.
I know who I came to work for…and it isn’t you!
Back in 1994 Flory ran as the Establishment candidate to push back against the reform-minded Recall that dared to drive out the incumbent stooges who imposed an unnecessary utility tax. She was the perfect candidate to advertise the fear and loathing the Old Guard had for anybody outside their inner circle.
And every step along this trail of tears she palpably dripped bitter venom for those who dared cross the “experts” at City Hall. Tragedy, indeed.
From 2002 to 2012 we were mercifully spared the the effluence of vindictive spleen sprayed on anybody who had the temerity to question what was going on in their own government.
But in 2012 the moribund Establishment needed someone to ride to their rescue; and to defend, deny, excuse, ignore and cover-up the serial crimes committed by the police department; and to fight the agenda begun by a new council majority, ushered in by yet another recall perpetrated by unwashed outsiders. Who better to call upon than the old warhorse, herself.
Pegasoid
Yes she won, by a scant 29 votes, and she immediately resumed her old role. Yet something was missing. Yes, the muumuus and wood beads were still there, and so was the old, surgically implanted steel rod. The complete lack of humor, grace or introspection suggested the Flory of old. But you could tell. Her heart wasn’t in it. Her performance was thin, shadow-like, even as she continued the water rip-off, covered-up the FPD Culture of Corruption with gargantuan out-of-court settlements, approved four non-balanced budgets – raiding reserves $43,000,000, approved more massive apartment blocks – activities that in the past would have brought a smug, self-satisfied smirk to her sneer. But the old joy was gone.
The third act was a farce – even until the inevitable bitter end: as left she hoped to give Fullerton a parting gift – the sad sack and detumescent Larry Bennet, whose job would have been to keep the “For Sale” sign over the sliding doors of City Hall.
Ah, well. Now, Mrs Flory departs again, hopefully for the final time. And as we see this petulant shrew out the door, let’s always remember her words from the 2012 campaign: to my lights… the city department heads are the heart of the city.
