Zahra Goes Unicorn Hunting With His Pea Shooter

Be vewy, vewy quiet…

FFFF received a fun email the other day, pecked out by Fullerton 5th District Councilman Ahmad Zahra. It is directed to Fullerton Assistant City Attorney Baron Bettenhausen, a fellow that the Friends met yesterday. Ahmad writes on January 27th, and is obviously still in a grand funk about losing his precious Walk on Wilshire the previous week.

We’re #1.08!

The tone of the letter is pretty unfriendly since Zahra seems to believe Bettenhausen has left out something real important in the discussion of Jamie Valencia returning campaign contributions. Of course, as we have seen, none of this would have been necessary if Bettenhausen knew the law and had known about the FPPC decision in Palo Alto before January 21st.

But let’s let Ahmad speak for himself:

From: Ahmad Zahra <ahmad.zahra@cityoffullerton.com>
Sent: Sunday, January 26, 2025 9:55 PM
To: Baron J. Bettenhausen <bjb@jones-mayer.com>; Richard D. Jones <rdj@jones-mayer.com>; Eric Levitt <Eric.Levitt@cityoffullerton.com>
Subject: Conflict of interest question

Caution: This is an external email and may be malicious. Please take care when clicking links or opening attachments.

Baron, at the last council meeting, you had opined that CM Valencia could vote on the matter of Walk on Wilshire since she had returned the campaign contributions to Tony Bushala and Cigar Shop owner, both of whom have direct economic interests in the decision. Community members have shared with me some concerns regarding your rendered opinion and I’d like clarifications from you. 

  1. Was the FPPC consulted on this matter, as has been the practice in the past on complicated issues (example: CM Charles votes on CSUF)? If so, where is their opinion letter and why was it not presented at the time of the meeting?
  1. There’s been a claim that the funds hadn’t been actually returned even if the return check was issued. This is a claim from a resident that raised concerns but no evidence was presented. But it does bring up the question, what evidence did CM Valencia present to you and why was that not made public? This is especially relevant because that reporting period for campaign committees isn’t until Jan 31st, occurring after the meeting itself with no chance for the public to verify any of this.
  1. In your opinion that night, while you addressed the letter of the law, did you factor in the spirit of the law? It seems to easy for anyone to take contributions, use them, then conveniently return the funds before a vote. This is especially important to know as CM Valencia was fully aware of the WoW vote since apparently it was a question asked to her during the campaign. 

I would appreciate a clarification on these questions and would request that an FPPC letter confirming your opinion on this matter be made available to the public to prevent any legal issues. Any correspondence to the FPPC should also include the concerns of the public for a comprehensive review. 

I am also requesting that any action to execute the reopening of Wilshire be delayed until such legal questions are resolved to avoid any legal challenges to the city. 

Note: I am writing this email in the interest of the public and thus deem it and any response to it in the public domain and not under any lawyer confidentiality privilege. 

Thank you. 

Sincerely,

AHMAD ZAHRA

Council Member, District 5

City of Fullerton – Tel: (714) 738-6311

303 W. Commonwealth Ave., Fullerton, CA 92832

www.cityoffullerton.com / Follow me on Facebook

Oh dear me. Where to start. Naturally, Zahra wants to make up and nurture a scandal where there is none. He’s obviously been stirring up an element of outraged Fullerton Boohoo to keep the red herring going. He even uses the same language as the Kennedy Sisters: “there’s been a claim,” and “This is a claim from a resident that raised concerns but no evidence was presented.”

FFFF first addressed the non-applicability of the law in question way back on January 21st. We know Zahra reads FFFF, but maybe he didn’t catch that post.

Anyway, Zahra wants to know if the FPPC has been consulted about this horror of horrors. We now know that the FPPC previously ruled on the identical issue in a case in Palo Alto. FFFF relayed that information, here on February 10th. The answer is clear as a bell: the law doesn’t apply. Bettenhausen should have known this before January 21, and maybe even before Valencia gave back money she didn’t have to.

Ahmad made me wear this and took a picture.

Then Zahra’s deep sea fishing expedition turns to the completely baseless “actual claim” that although a check may have been written, it wasn’t cashed, challenging Valencia’s integrity and Bettenhausen’s lack of diligence.

Zahra’s final numbered point is really funny. He wonders why the “spirit” of the law is not being upheld. Poor Ahmad should be addressing his lament to the State Legislature instead of his own attorney, but, whatever.

Here goes…

Zahra wants the FPPC findings on the issue to be made public, and he requests that WoW remain open until such time as the FPPC responds. Zahra’s worried about legal challenges? From whom? The Kennedy Sisters and Diane Vena? Man, what a failed Hail Mary. WoW was unceremoniously removed a few days after Zahra’s demand letter. Thousands more laughed than did weep at it.

Poor Ahmad wraps up his missive by letting his own lawyer know that this email and any response are free from attorney-client confidentiality – in the public interest, of course. That’s good ’cause we got it, Ahmad, being members of the public, and all. Was there ever even a response by Bettenhausen in the end? Who cares

Bungling Boutique Boondoggle Blunders

Some folks have been asking about the fate of the idiotic “boutique” hotel project that had morphed into a hideously overbuilt hotel/apartment hippogriff that is twice the allowable density permitted per the City’s own Transportation Center Specific Plan. Of course the project was never contemplated at all in the Specific Plan, so who cares, right? Fullerton being Fullerton.

In an act of utter incompetence the City actually rushed the approval to transfer of title to the land, before the deal had received final approval. Then they gave it away the land for pennies on the dollar.

Friends may recall our last October post in which we discovered that the new “developer,” one Johnny Lu of TA Westpark LLC, was way upside down on loans he had somehow leveraged on apartment blocks in Irvine and was in default.

You may also recall that Lu started shifting the property to different corporations, the first of which, a Delaware corporation, was non-existent. And just for grins, Mr. Lu changed the property description, too, when he later deeded it back to his California Corporation.

Anyhow, it looks like Johnny has finally created and recorded the appropriately named Delaware corporation in March – only two years too late, but, hey, not bad for Fullerton, right?

There has been nothing but radio silence from City Hall as to the status of Mr. Lu and whether he has met any of the stipulated deadlines in the Development and Disposition Agreement, but as we have learned in the case of the Florentine/Marovich sidewalk heist, contractual obligations mean nothing when the “I Can’t Believe It’s a Law Firm” of Jones & Mayer is your City Attorney. Recently, cluelessly verbose Shana Charles indicated that the project was still alive and well. She didn’t mention Mr. Lu’s financial embarrassment, but then nobody else has, either.

And now for some sadly interesting news. It turns out the original Founding Father of the boutique hotel concept, Craig Hostert of West Park Development – the guy who sold the idea to Jennifer Fitzgerald, Jan Flory, Jesus Quirk Silva, Ahmad Zahra, Bruce Whitaker, et. al. – died in late May.

Hostert

Poor guy. He went to his Reward after getting pushed out of his own scheme, and sticking us with the appalling, metastasized mess the concept has predictably morphed into; showing that once again, no bad idea goes unappreciated in downtown Fullerton. Being Fullerton, of course.

How Long Was Jose Castaneda Cheating on Fullerton?

Socialists of a Feather

Carpetbagging has always been a problem in local politics, especially in and around Fullerton, and it looks like Fred Jung’s appointee to the Fullerton Planning Commission in District 1 might be the latest example.

Jung’s appointee to the Fullerton Planning Commission, one Jose Trinidad Castaneda III, recently told the Fullerton Observer that he “decided to move out of Fullerton” which would explain his boasting about being on a commission in the City of Buena Park and yesterday being his last PC meeting.

Castaneda - BP - Commission
Are you even qualified for this post?

But, in typical political hack fashion, it looks like Castaneda stopped being qualified to be on Fullerton’s Planning Commission at least as far back as 03 June according to Castaneda himself.

Here’s the application Castaneda submitted to Buena Park in order to qualify for his new commission that he himself signed digitally where he claims to have moved to Buena Park at least BEFORE the 3rd of June.

PRR Castaneda - BP

It’s interesting that on this form he claimed that he “served on the Fullerton Parks Commission and Planning Commission” in the past tense. Sure, he used to serve on the Parks & Rec Commission but at the time he filled out this document he was CURRENTLY serving on the Planning Commission – not formerly. Why lie?

Probably because owing to City Ordinance, it’s a requirement that somebody on Planning Commission be a resident of Fullerton. He was likely very aware of the problematic issue with voting on items that impact the city in which he no longer lives OR admitting to Buena Park that he didn’t live or do business with the city.

BP - Beautification

To be on the Beautification Commission in Buena Park you have to live in the Buena Park (which he claims on this form, while claiming otherwise on Facebook), work in Buena Park (his employer is in San Diego) or do business in Buena Park which he makes no mention of here. His only self-claimed qualification to be on this BP Commission, as written by him, is his residency..

Thus if he moved to Buena Park, as he claims on this form as his qualifying requirement to be on this commission, then ethically he should have recused himself from all votes and meetings on Fullerton’s Planning Commission. His recusal should have happened immediately after the date of his move, which was obviously at least before last night’s PC meeting if not before the 27 May meeting or sooner. Did he feel entitled to vote despite this obvious conflict? Did Jung or Fullerton’s City Attorney Jones & Mayer tell him the conflict didn’t matter? Did he bother to tell Fullerton, or Jung, that he had moved? Did he even move? Being that he obviously lied about having “served” in the past tense on Fullerton’s Planning Commission, the entire document is suspect which raises even more questions.

I guess for now we simply must say adieu to JTCIII as he, allegedly, leaves Fullerton behind in his endeavors to climb the political ladder in Buena Park. As for the facts of this matter? We probably won’t ever know the truth in this ethical quandary because Fullerton does ethics about as well as it paves streets.

A Manfro All Seasons

The Man from Manfro

Who is Eddie Manfro? I asked myself the other day. Name sounds familiar.

See, I had seen the name pop up on a Fullerton City Council agenda as somebody who was involved as a participant, along with our former City Manager, Ken Domer, in carrying on labor negotiations with the City’s  labor unions.

Hmm. Where had I heard that name before? Then it hit me. He’s the former City Manager of Westminster, who quit last year to become some sort of “human resources” expert whose supposed abilities were now for sale. Apparently Ken Domer was in the market for Manfro’s “expertise.”  If the thought of a couple of bungling bureaucrats negotiating on your behalf makes you a little uneasey, well…but, I digress.

Here’s why I remember Eddie Manfro: he’s the City Manager who willingly participated in the Dick Jones  scam in Westminster, where our ethically plugged-up City Attorney pretended to be a city employee to qualify for the CalPERS pension system and even went so far as to submit fraudulent time cards to line up with the sham. I believe these are all crimes.

No, I wasn’t asleep. I was praying…

And Eddie Manfro went along with the scam; and now, surprise, he is getting work from another agency in Dick Joneses stable of fine municipalities.

How did Eddie acquire this gig, that’s what I would like to know. And when for God’s freaking sake is  Fullerton’s City Council finally going get rid of the incompetent, corrupt, and utterly self-serving, the Dickensianly awful, the I Can’t Believe It’s a Law Firm® of Jones and Mayer?

 

My story as a FFFF defendant

Most readers of this blog are well aware of the recent settlement between the City of Fullerton, FFFF, Joshua Ferguson, and myself.

Joshua did a great job explaining various aspects of our lawsuit in a video, and why we settled. I encourage you to watch if you haven’t already. Until now, I’ve been pretty quiet about this lawsuit and haven’t said much. In an effort to clear our names, I’d like to dispute some of the City’s claims and share new information you might find interesting.

This is what the City’s Dropbox account looked like.

Typing www.cityoffullerton.com/outbox into a web browser redirected anybody to this open and unsecured Dropbox account. The City went out of their way to disable security controls to make it possible for all users to see all files.

Notice some of the files have our last names, Curlee and Ferguson, in the file name itself. Who wouldn’t download a file named for you?

(more…)

City of Fullerton Calls it Quits Against Bloggers/FFFF

ACLU, EFF, RCFP, ACLU SoCal

Yesterday, in a special meeting,  the City of Fullerton officially bowed to the inevitable and settled its retaliatory lawsuit against Joshua Ferguson, David Curlee, and this blog. The vote was 3-2 with Bruce Whitaker, Nick Dunlap and Fred Jung voting to end the bloodletting. Jesus Quirk Silva and Ahmad Zahra, who started the lawsuit and have stubbornly kept it alive, voted no. Whether they were laboring under the sunk cost fallacy or if it was simply a childish aversion to admitting their own culpability in the mess, will never be known.

Zahra-Busted
Why is this man smiling?

It doesn’t happen very often that honest citizens can prevail against their government. In fact it almost never happens – a tribute to the tenacity of the courageous FFFF bloggers and their attorney, Kelly Aviles.

After a year and a half of lies, defamation, obstruction, incompetence, buffoonery, temporizing, more lying and running up huge legal bills the City has given up. Here are the main points:

$60,000 in compensatory damages to Ferguson and Curlee;

A public statement absolving Ferguson and Curlee of any culpability;

Legal fees for Kelly Aviles amounting to $230,000.

The winners here are justice (deliberately stalled, to be sure) and journalistic freedom against prior restraint; and, of course, any people who want to be able to get information that their own government is legally obligated to provide.

The losers, once again, are the taxpayers of Fullerton who are on the hook for $350,000 plus how ever much the legal team of Jones and Mayer have racked up – a sum estimated to be approaching $500,000.

Well, Friends, you can add as well as I can. At least three quarters of a million bucks to pursue this hare-brained retaliation against bloggers whose only desire was to get information from their own city government.

The train of thought was weak but it sure was short…

And so it is particularly amusing to consider the stammering, babbling statement from Jesus Quirk Silva that he was voting against the settlement because of his “fiduciary responsibility” to the people of Fullerton.

Axis of Casual Corruption.

Too bad the other two vindictive and profligate architects of this disaster have conveniently exited from our political stage: Jan Flory has resubmerged herself into whatever nasty swamp will have her; and our former influence peddling Mayor-for-hire, Jennifer Fitzgerald, is fleeing the state entirely, having feasted on the Fullerton carcass until there was no more meat on the bones.

 

Fullerton Police Chief Accused of Whistleblower Retaliation

In a recently discovered set of claims [Link HERE] it is being alleged amongst other things that the Fullerton Police Department, up to and including Police Chief Dunn, retaliated against a former officer for exposing wrongdoing and corruption.

The Officer is claiming targeted harassment.

Hamel - Victim Card Female Whistleblower

Is Fullerton now in the business of retaliating against women to hide corruption? Has our city stooped so low as to attack whistleblowers?

There’s a lot to unpack here but first…

I should probably mention that the officer in question is former Lieutenant Kathryn Hamel and that she’s claiming that Chief Dunn gave us, the Friends for Fullerton’s Future, info about Hamel in violation of several laws.

Hamel Lawsuit - FFFF and Dunn

Let that sink in.

Sgt. Kathryn Hamel

Did Chief Dunn give us the very information that the city is suing us for having posted? Inquiring minds want to know.

If nothing else, seeing Hamel claiming damages for a million+ samoleans does seem to explain why the city is trying to shift the blame onto us for their gross negligence. Not that that plan is even going to work.

Her claim states that even IF Chief Dunn didn’t expressly retaliate against Hamel, the city is still screwed for being negligent (which by their own accounts in their lawsuit against us – they were).

Hamel Lawsuit - Negligence

Officer Christopher Wren, the dude who was seemingly banging his subordinate in a PD bathroom, is likewise claiming damages from the City of Fullerton over FFFF reporting because it’s his right to use his department issued phone to send nude photos while on the job without you knowing about it.

These claims for damages, usually the precursor to lawsuits, are just more examples of completely avoidable stupidity chalked up to the incompetency of Jones & Mayer and City Staff. Not to worry though, Jones & Mayer has likely investigated Jones & Mayer and found they did nothing wrong and will rectify these problems by billing the city countless hours (at $200/hr) to cover up for their own ridiculously negligent behavior.

ACLU Joins EFF and Reporter’s Committee In Support of FFFF

ACLU, EFF, RCFP, ACLU SoCal
The ACLU, ACLU of SoCal, EFF & RCFP Join FFFF

Yesterday the American Civil Liberties Union (ACLU), the ACLU of Southern California & the Electronic Freedom Foundation (EFF) filed a joint amicus brief in support of us here at Friend’s for Fullerton’s Future in our ongoing legal battle with the City of Fullerton. Here’s a sample:

“Rather than accept responsibility for its own failure to limit public access to information, the City instead is attempting to stretch computer crime laws to punish those journalists—first, for uncovering unflattering information and, later, for publishing it.”

Likewise, The Reporter’s Committee for Freedom of the Press filed a separate amicus brief supporting FFFF against the City of Fullerton. Here’s a sample:

“Amicus is not aware of any case where a federal or state anti-hacking law has been misused so brazenly to target routine newsgathering—namely, the collection of government information available to any internet user.”

On the City’s side of the ledger is an amicus filed by the League of California Cities – a group the City PAYS to belong to with your tax money and they managed to argue nothing relevant to the case. Here’s a sample:

“However, hosting this information electronically presents a variety of cybersecurity issues for local governments, many of whom have limited budgets for network and security systems, outdated technology, and limited IT staff to implement organizational safeguards to protect against cybersecurity breaches and/or human error.”

They’re arguing that the City has a limited budget and it’s gosh darn tough to “implement organizational safeguards to protect against… human error”. I can’t laugh hard enough at that premise knowing their payroll and the gross negligence the city itself is claiming.

They’re all fascinating reads in different aspects.

Ultimately you know the City messed up big and that Jones & Mayer gave terrible legal advice when the ACLU et al are siding with us on the merits. The Fullerton City Council might want to consider taking a hard look at these new briefs before just blithely listening to Kim Barlow and The Other Dick Jones™ again.

I’d like to personally thank the ACLU, ACLU of SoCal, the EFF & the RCFP for their support in this exhausting case. Without their support, and the support you friends, this would be a much harder fight on all of us here at FFFF. It’s nice to have real allies when the other “journalism” outfit here in Fullerton enlisted a hack to fight against us.

We’re Still Being Stonewalled on Police Misconduct

Nothing to See Here

If you recall, I’m suing Fullerton because they suck at following the law when it comes to turning over records – especially related to police or employee misconduct.

By way of example as it is also a part of my case, let us focus on the case that brought me to this blog – FPD giving then City Manager Joe Felz a ride home after he drunkenly hit a tree on election night in 2016.

At that time the City wasn’t legally required to tell us anything because the public had no right to know when the people we pay break the law and the cops cover it up. This blog doggedly pursued the story and forced the city to do an investigation. That’s right, we forced their hands.

That investigation led to the termination of one Sergeant Rodger Corbett for falsifying a police report. Instead of Corbett doing his job, Joe Felz was given a ride home because despite FPD celebrating and getting awards for all of the drunks they pull over in Fullerton, hypocrisy and special favors was the order of the day when the law pertained for Fitzgerald friend Felz.

Skip ahead and in 2019 the law changed when SB1421 went into effect. That law change required police to turn over files on various issues including “sustained findings” of dishonesty which includes falsifying reports. As such I requested the pertinent files in the Felz caper on 01 January 2019 and here we are two weeks away from the 2 year anniversary of that request with no records to show for it.

I sued the city in Oct 2019. It’s now mid-December 2020. So much for transparency. (more…)

Fullerton City Attorney Lies by Omission, Weed Lawsuits Likely Inbound

dick-jones

It’s high time the Fullerton City Council fired City Manager Ken Domer and the City’s resident law firm Jones & Mayer. They have opened the city up to too much litigation (including a public records lawsuit I have against the City) and frankly are incapable of doing their jobs in an honest and professional way.

Allow me to explain by way of legal weed in Fullerton. (more…)