City Blows Off Brown Act – Until Caught

The shy City rodent finally emerges from its hole…

Yep, just as we surmised, the City of Fullerton illegally ignored California’s Brown Act – a law made to protect us citizens from our own government. I posted here about the secret agenda item and the lack of reporting out, as required by law.

dick-jones
Staying awake…helpful, but not required.

So a recap: on September 17, 2019, the City Council of Fullerton, hiding behind closed doors, both raised the subject of suing FFFF and Fullerton citizens, and then took action – both without a whisper to the public about what had happened in this filthy little Star Chamber.

Another good month’s billing of the suckers!

How do I know? Because in a Voice of OC story today, our grossly overpaid and incompetent City Attorney, Richard “Dick” Jones, said so. Here’s the proof:

And at this Tuesday’s Council meeting, Dick Jones, head city attorney, disclosed that the Council voted Sept. 17 to sue Ferguson over the documents.

It was the first time the city publicly disclosed the closed session vote, as required by state law, despite the vote happening nearly two months ago.  

“In an effort to clarify any Brown Act violations, the fact that City Council on Sept. 17, 2019, met on a motion made by Mayor (Jesus) Silva and seconded Mr. (Ahmad) Zahra, on a 5-0 vote, the City Council approved the filing of a writ to seek a temporary restraining order against the main defendants,” Jones said. 

I’m a bird, I’m a plane, I’m a lawyer. I’m a lawyer!

So two months after the violation, and with the local and national media getting wind of the unconstitutional lawsuit travesty, our esteemed City Attorney decided he’d better get his client to, you know, follow the law. In this case, the City has felt zero compunction about labeling us as unethical thieves while they themselves are completely incapable of doing anything competently or ethically.

 

 

Homing The Homeless Via The Illuminati

The Voice of OC has a detailed story about how our city council approved giving half a million bucks to something called the Illumination Foundation to acquire and operate a homeless shelter somewhere in Fullerton.

Provide Your Own Caption

As usual Jennifer Fitzgerald and Jan Flory pretended to care about the fact that the public has not been informed of the location of this place even though they know very well where it is. In the end they went along with their brethren Jesus Silva and Ahmad Zahra and voted 4-0 to commit $500,000 to this philanthropic endeavor (their philanthropy, our money). Bruce Whitaker was missing in action.

I really care about you. No, wait. That’s wrong…

Of course Fitzgerald is running for re-election next year in District 1, so we can be certain the proposed property won’t be anywhere near her house, or that of Flory.

The Taxman Cometh

There it goes…

Folks here at FFFF have been prognosticating a new tax for several years. Even as councilcreatures Jennifer Fitzgerald and Jan Flory lied to the public by telling them the budget was balanced, we’ve been watching the strategic reserve fund dwindle away to almost nothing, leveling off last year only because so many positions were vacant.

The fact is that ever-escalating “public safety” pay and benefits, and a ruinous CalPERS pension debt have created what budget bean counters call a structural deficit; meaning, that the annual red-ink baths are a permanent condition that you can’t weasel your way out of selling  marginal city-owned properties.

And so the harsh and inescapable reality has finally come home, like a wayward vulture, to roost. And harsh realities always trump the happy lies of politicians. It’s just a matter of time.

Silva 2018 Meddling

And that is why so many people have begun to hear stories that Councilcreature Jesus “Don’t Call Me Jeesis” Silva is sending up the trial balloon of a sales tax on the November 2020 general election ballot. The choice of that date is cynical since the General Election is will produce an electorate much more sympathetic to tax and spend policies of liberals like Silva, Ahmad Zahra, Flory and of course Fitzgerald. The seeds will be officially sown during the 2020-21 budget kabuki next spring. I am giving huge odds.

They always cleaned up after me!

It’s going to happen. Zahra and Silva are not up for re-election so they must figure they’re safe; Flory is the lamest of lame ducks, a flightless bird, in fact, and thoughtful Friends have already suggested that she was put back on the council precisely for an automatic yes vote on a new tax. After all Flory’s first love has always been public emplyees.

And this leaves Fitzgerald, an erstwhile Republican free to oppose the vote putting the tax on the ballot in order to unburden herself of running for re-election with the tax monkey on her back – exactly where it belongs.

The pieces are now pretty much in place. The only question is how much the FPD Culture of Corruption and their buddies lounging in the “firehouse” are willing to invest in their shakedown.

Why Keep Threatening Us?

For every problem that isn’t a nail, there’s a moron ready to swing a hammer.

20 Days ago FFFF got another threatening letter from the City that said if we don’t stop reporting news and telling the public the truth about what’s actually happening in their town, apparently there will be consequences.

We told them to kick rocks.

What really strikes us as odd is how hard the city works to solve real problems v make work problems.

If they’re willing to go after local journalists connected to a blog that city employees routinely insist that no one reads, one can’t help but wonder what wrath the city brings down on real problems.

Can we assume that the city also takes things like life safety issues impacting the public, police brutality and sexual misconduct, wasted tax dollars, theft by employees, recklass or perhaps drunk driving by employees, or total disregard for budget discipline, public trust, and basic fairness as seriously as they take shutting down transparency?

Oh wait, we don’t need to assume anything as we know exactly what kind of resources the city spends on those problems. None.

We know because we broke and covered those stories.

Maybe that’s what this is about. Maybe the City is tired of having a group of “chronic malcontents” embarrass them by telling the truth. (more…)

Profiles in Courage

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.

Enjoy Downtown While it Lasts

Downtown Fullerton

Fullerton’s City Council last Tuesday, as expected, voted to change the rules governing how bars operate in the city in order to facilitate having more bars and making them more profitable.

The crux of the change is that it was too hard for staff to do their jobs, and for the Police Chief to stop rubber stamping permits, so the city needed to change the rules. This time they mean to enforce them unlike the last decade+ they promise… kind of… well not really.

Not one council member got an answer of who was in violation of what rules they were changing and why it was so hard for community development, code enforcement and the police to use a checklist to sort it out and in fact Ted White’s answers on how Conditional Use Permits work negated his own arguments of the Title 15 change. But again, council was too inept and/or lazy to follow the logic of the change or to ask any real questions per the norm.

The council ALSO voted to launch a pilot program, which we all know will be permanent, for paid parking in downtown. This is a data driven program tracking who comes and goes how often and how long they stay based on license plate data. As we heard at the meeting the whole point was data, data, data and more data. You will be tracked and your data will likely be sold. It’s so data driven that the vendor, staff and council want you to punch in where you park even when you don’t have to pay for parking – just because you WANT to be tracked.

Data Breach

When council asked who owned the servers the vendor claimed it was a “cloud based server” and that’s where the questions stopped. We don’t know what data is kept, where it is kept, which servers are used or who our travel data is being sold to – all because council couldn’t be bothered to ask.

It was a pathetic meeting full of incompetence, malfeasance and laughable gaffs. The Other Dick Jones™ got torn into by both Fitzgerald and Zahra for how they can/can’t handle an agenda item and when the city clerk offered helpful info the council just blanker her. It was probably the worst example of governing I’ve seen in years.

Individually the council members didn’t do themselves any favors in the integrity or intelligence departments. (more…)

Chasing Rainbows

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.

AhmadZahra
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?

Fitzgerald Quits Fullerton City Council

I’m not telling the truth and you can’t make me…

Today Jennifer Fitzgerald announced her resignation from the Fullerton Council, effective immediately.

It’s a dirty job, but someone’s gotta do it…

“I can no longer even pretend to fulfill all the oaths I swore when I became a councilperson,” said Fitzgerald. “All the developer shakedowns, all the lies, all the influence peddling – I just can’t keep track of it all anymore. Balanced budgets, commitment to roads, honest cops – people want so much and I am so tired. I’m going to spend time with my family,” she stuttered weepily. “The evil has been backing up so much I feel I may burst.”

Mayor Jesus Silva responded to the announcement by saying ” I guess I’ll miss her helping me out at meetings when I started babbling like a boracho pendejo, but it will sure will be nice to have only one woman telling me what to do.”

Quick, get clear of the impending collapse…

Recently appointed Councilwoman Jan Flory had kind words for her colleague. “I’m going to miss Jen’ on council. To my lights she was the heart of the city and represents the very best commitment to service. We accomplished all sorts of things together – good roads, a successful downtown bar scene, an accountable police department, an unmatched string of balanced budges, effective and successful public works projects – you name it. She’s the reason Fullerton is where it is today.

Recently elected councilperson Ahmad Zahra was quick to praise Fitzgerald. “I thought at first  she might be, you know, difficult to work with after she called out my long-winded moral posturing on the council appointment deal. But, later, when the chips were down, and she was willing to screw Whitaker just for the fun of it, I was so happy to make the deal to be on the water board. It was a very successful transaction.”

The council will now have to decide whether to replace Fitzgerald by appointment or by special election. According to the City Attorney a special election in November could cost eighty trillion dollars, which might come close to unbalancing the City’s budget according to City Manager Ken Domer.

Flory Puts Grudge Over Law

Brown Act

Well, it took precisely one meeting for Jan Flory to bring her bitter, mean spirited and petty nonsense back to the dais. And we have Ahmad Zahra to thank for that return. With the claim of experience and I quote, “no scandals”, as her selling points before being anointed I suppose it’s once again up to us malcontents to knock those talking points down.

In what was clearly a Brown Act violation the council voted to shank Bruce Whitaker and remove him from the Orange County Water Board and replace him with Zahra before Whitaker’s term has expired.

Gee, it doesn’t look like they agendized that…

The City Manager was contacted about this possibly illegal action and “after further consideration” from the city attorney they’ve repealed the illegal action and put it back on the agenda to make sure they shank Whitaker legally. Let us be honest here and admit that The Other Dick Jones™ never gave this any consideration in the first place. Man, not even one meeting with Flory back and the law has already been thrown to four-winds over the pettiest of nonsense. So much for experience and lack of scandals – something we’ll be talking more about in the coming days.

This move to go after Whitaker was payback from 2016 pure and simple.

It stems from Flory being bitter because after she left council in 2016 she wasn’t reappointed to the Orange County Water District board despite bringing a group of FlorBots to city council to lobby for her. The council voted at that time to appoint Whitaker under the premise that Flory was no longer on council by her own choosing and a sitting council member should represent the citizens of Fullerton on the advisory board. This was a decision I supported at the time and stand by today. Flory at last week’s meeting lamented her being removed “mid-term” from the board which is absolute revisionist history but alas now she’s playing up being a victim with a false narrative. Oy.

Add this to Fitzgrald’s willingness to take a stab at Whitaker at any time over nearly any issue and Zahra’s complete lack of guiding principles and this is what Fullerton gets. It’s gross, it’s petty, it was illegal and it’s going to be the new normal.

Despite neither Whitaker or Zahra being mentioned in the agenda and Zahra only being mentioned in the agenda materials relating to Flory appointing people to boards, hence the Brown Act violation and repealing of the outcome, Whitaker was removed and Zahra was put in his place.

Hmm, that doesn’t seem to be what they did last night…

A cynical mind would wonder if this is what Zahra was promised in exchange for selling out the citizens of Fullerton in the Flory appointment farce. Being that the OCWD appointment wasn’t on the agenda, outside of it being listed as something the council (not Flory) appoints one would be hard pressed to believe that Whitaker’s removal wasn’t planned in advance. Silva having a well written and prepared statement also points to this being pre-planned which ALSO likely means a serial meeting was held – also violating the Brown Act. Good luck proving all that, but it’s the way things are done in Open and Transparent Fullerton – just ask Zahra how many candidates he met with privately during the vacancy process for proof of this concept.

A backroom deal over the OCWD seat would certainly explain Zahra’s immediate about face and willingness to throw transparency and openness out of the window in support of the bitter bureaucracy booster and “scandal free” Flory family.

Well, they are The Heart of the City!

It’s rather sad as Zahra seemed like a man of principle for precisely one meeting. Since then we’re seeing more and more evidence that he has no integrity and this last Tuesday continues to confirm that he’s a man of little character and a whole lot of bluster. While he works to build his legacy and name recognition we’ll be here to keep you appraised of his and his cohort’s shenanigans and malfeasance. We’ll also keep your appraised of “scandal free” and “ready to go” Jan Flory’s performance.

Downtown Rules Apply or They Don’t

welcome-to-fullerton

I’m in Downtown Fullerton as I type this post. Specifically I’m at an office space some friends and I are thinking about renting for our podcasts, the same office space I used for the live video on Flory’s appointment. I’m here because I wanted to reshoot that video owing to the technical and delivery problems of my first ham-handed efforts and I wanted to see how practical this space is for our purposes at night.

I knew the train schedules and checked the sound levels with a decibel meter for quality and started figuring out some of the technical things I wanted or needed to change. Then 8pm hit and I encountered something I hadn’t really planned around – live music emanating from across the transportation center.

Let’s get to brass tacks here; it was coming from the Slidebar – a favorite punching bag of commenters here on FFFF and some of the people I know around town. But this is a problem for me because generally I LIKE the Slidebar. I know Jeremy and he’s always been civil with me. I know Josh and he allowed me to take photos inside the bar back when I shot bands for a hobby. I have little desire to bother people I have no beef with personally and who have been cool with me historically.

SlidebarMotto

When I go after things I try to focus on issues and the people I think are causing the problems. I spill a lot of digital ink railing against Fitzgerald, Silva, now Zahra and so forth because I think they’re bad leaders and corrupt politicians – but I try to leave their personal businesses and family lives out of my posts, comments and claims as best I can because that’s not where my interests rest unless those things prove to be connected to some form of political corruption, grandstanding or malfeasance.

But tonight I got irritated. I got irritated because this city plays favorites and that favoritism, while common everywhere, shouldn’t exist from government and shouldn’t impinge on my ability to do my work in an office I want to rent. Further, the city lies about basic provable things because they think nobody will bother to call them out on their nonsense. I saw this when Fitzgerald ran all over Fullerton claiming our budget was balanced. I saw this when the city lied about Red Oak’s bonafides to convince the council to approve a zone change. I saw it and heard it again tonight.

(more…)