Got noise? Lots of noise? The two “doctors” on the Fullerton City Council and their followers like the Kennedy Sisters and tender young Elijah want you to believe this is vibrancy and culture and small business success!
Last night the Fullerton City Council, at long last, approved a noise-related addition to the Municipal Code. The vote was 3-2: Jung, Dunlap, and Valencia for, Charles and Zahra voting no.
This effort has been going on for over ten years, has been diddled with by more than ten City Councilpersons (Flory twice), and five City Managers, acting and permanent.
The ordinance is pretty tame really, with decibel levels I think are way too high, but at least gauged at the property line where the goofy and distracting issue of “ambient noise” can be better put to rest. Hours of outdoor music have been addressed with common sense and respect for neighboring inhabitants.
Fines for violators are in place, and about time, too.
It was amusing to watch Zahra and Charles pretend to be “pro-business.” We know the performance was disingenuous because of their cavalier attitude to non-bar businesses on Wilshire Avenue that suffered when that pair closed the street for their absurd “Walk on Wilshire.” They ignored the fact that downtown Fullerton runs in the red and is subsidized by the rest of us. Really their act was about voting against what they characterized as the wishes of “one businessman” regardless of the need for reform.
In what surely must be the dumbest thing said in recent years at a council meeting, Ahmad Zahra claimed as a fact that the “downtown is dying,” a really weird and irresponsible thing to utter. The Dismal Damascus Doctor offered exactly zero facts to support his stupid utterance.
Naturally, our friend sweet young Elijah Manassero popped up to inform the council that most of the bar owners were already non-compliant with the new rules. His logic led him to conclude that therefore the new regulations were ill-advised. It didn’t seem to occur to the tender sprout that the continual bar-owner abuse of existing law was precisely why the new ordinance was needed. I have no idea what they’re teaching the young folk these days, but thinking doesn’t seem to be in the bundle, although I’m sure callow Elijah has loads and loads of self esteem.
Now it will be time to see if the City Code Enforcement operation will employ the willingness and the competence to enforce the law. They have stubbornly refused to do so in the past, partly because councilmembers were running interference for the scofflaws. And part of the reason for staff’s reluctance might be because enforcement implies some sort of fault or failure, and in City Hall the decades long mess they made out of downtown Fullerton, has been characterized as a stunning and inarguable success.
Fullerton City Councilman and immigration fraud, “Dr.” Ahmad Zahra always has an interest in his own self-interest, clothing his own interest in verbiage that makes it seems he loves all mankind, especially the “underserved.”
But Zahra is often motivated by jealousy and vindictiveness, the main target being his nemesis – the Bushala family. Hence his sudden interest in leases of city-owned property. He got it all wrong, of course, but not for lack of trying to hurt the Bushala’s in their lease agreement at the Santa Fe Depot.
At the end of the last council’s discussion on the noise ordinance Zahra was heard to mutter loud enough to be overheard: “Bushala wins again.” What Bushala was supposed to have “won” is unclear, since a decent noise ordinance that would actually be enforced, is in everybody’s interest – except those scofflaw “clubs” orchestrating the decibel free-for-all to the detriment of genuine restaurants and nearby residents.
If the proper draft ordinance decided by the council majority had been prepared, it would have been approved that night.
Here in the hallowed halls of FFFF HQ, we’ve been wondering aloud how long it would be before Zahra, Ezekiel Manassero and the rest of the Fullerton Observer claque would begin to orchestrate a nuisance opposition when the item comes back to council, with draft ordinance, on October 7th. The over-under is tomorrow at noon.
Oraganizing this may be a tough row to hoe for the ever-delinquent damascene doctor.
Sure, the usual crowd of nincompoops and boobs will rail against the council majority like they always do. Who cares? Will any of the noise pollution makers show up to claim innocence, poverty, government overreach, or some other lamentation? They didn’t appear last time to support the “it’s not broke and we won’t fix it, anyhow” strategy of Community Development Director Sunaya Thomas. I’d love to attach some names and faces to the perpetrators of nuisance blasting noise.
Anyway, the over-under at FFFF about when we will first see the opposition is sometime tomorrow. Any takers?
Last night the Fullerton City Council was presented with a noise ordinance, the principal target being the bar-owning noise scofflaws in Downtown Fullerton. It was basically the same thing that was sent back to the Planning Commission due to its utter insufficiency. Fullerton. Being. Fullerton.
FFFF has documented ad nauseam the comical efforts of the City to address this issue over the past 15 years. I’m not even going to review the dance of death anymore. You can follow the entire history, here.
Here’s an example of what happens when a scofflaw “club” blasts noise from their establishment.
Now imagine three or four of these establishments doing the same thing at the same time.
But back to a brief synopsis. Basically, there have been two forces working hard in City Hall to continue this embarrassing, bungling misadventure in government activity.
First has been the gymnastic effort to protect the lawbreakers by refusing enforcement of the law because “changes are on the way” a cunning and never ending Dickensian dodge. We know that our former Mayor-for-Hire Jennifer Fitzgerald and her Planning Director Ted White were actively running interference for the scofflaw bar/club owners.
The second active force has been the continual effort to water down the code, making enforcement so difficult as to look impossible, thus relieving Code Enforcement and the cops from having to do their jobs. This is the shrug-it-off position of Community Development Director Sunaya Thomas and her predecessors, one and all.
Last night the a majority of the council chose a second option with changes, but an option that had no draft ordinance to accompany it. The only draft presented to the council and the public was to accept what was given to them as the favored staff recommendation.
But then, abracadabra, City Attorney Dick Jones produced an Option 2 draft ordinance from his back pocket almost like a magician summoning a rabbit from a top hat! Mr. Jones declared that the council could approve his newly minted draft, unread, and read up on it and modify it before the obligatory “second reading” in a couple weeks. Unpersuasive.
The council voted 5-0 to bring the damn thing back in two weeks to yak about all over again.
One unintentionally amusing observation during the discussion was made by Shana Charles, who wondered aloud if curtailing the amplified musical free-for-all might not end in the demise of outdoor dining in downtown Fullerton. I can’t really say I’m surprised that something so dumb was uttered by one of Fullerton’s professional know-it-alls.
A publication called Fullerton City News features a very detailed look on the embarrassing nuisance noise situation created by Downtown Fullerton’s scofflaw bar owners, and the even less than feeble efforts of the City’s code enforcement crew to do something about it. As FFFF noted, here, City staff’s latest response to the 15 year old problem is to let the noise get louder.
By the way, I enjoy the fun Fullerton City News masthead and logo. It’s a takeoff on the city seal, and a nice and well-deserved shot at the less than worthless Fullerton Observer pretending to be “independent.”
Here’s the story:
“Since 2009 the Fullerton City Council has been going back and forth with bar owners and their proxies on City Staff, specifically in the Community Development Department, over how loud Downtown Fullerton should be on any given night.
The short version of this story is that staff is trying to implement a “noise zone” in Downtown Fullerton. Despite building housing basically on top of the bars (and approving a hotel at the train station), somehow it makes sense to make this mixed-use residential area LOUDER.”
See the whole article, here.
When people talk about “government circles” you can believe they mean it: some things just keep circling around and around yet, like when you have a clogged sewer liner, the circling flotsam never goes down the drain.
And so it is with the City of Fullerton’s hapless Community Development Department that can’t seem to adopt a plan and stick to it; that can’t be honest and straight forward; that refuses to enforce its own code; and as we shall see in this final installment, steadfastly refuses to notify the public of what it’s up to.
When I left off, I noted the odd three-month hiatus of the latest noise go-round that was once again being disguised within broader land use code update In February 2019, the Planning Department was again convened to review the matter, after two opponents of amplified outdoor music had been conveniently removed from the Commission. By this time the new and soon to be former Planning Director, Ted White, was directing the charge to push for the noise free-for-all, likening the impending racket to the noise blast known as Broadway Avenue in Nashville – but in a good way.
But this time there was another problem. The hearing hadn’t been properly noticed to the public as should have been the case, particularly since the noise issue has such an impact on the citizenry. George and Tony Bushala lawyered up and informed the City that it had failed to notify the public about what it was doing. Mr. White declared that the downtown noise issue would be removed from the discussion that night. But it wasn’t – not entirely – as other code sections that pertained to noise slipped through.
A compliant and complaisant Council adopted the zone code changes in April, 2019.
But the story was not over, because, well, Fullerton. The bar owners still needed to be pacified and the bar still needed to be lowered. By November 2020 Ted White was gone only to be replaced by an in-house lackey named Matt Foulkes who had been part of the ongoing mess since 2015, and knew exactly which side of his toast had the butter on it.
So the downtown noise mess was brought back to the council again, where lame-duck members Jennifer Fitzgerald and her puppet, Jan Flory were guaranteed yes votes. But alas, once again the City failed to properly notice the public, and this time there was no way to hide the incompetence in a broader mish-mash of code changes. So the hearing was continued until…well, who knows when? Apparently Jeremy Popoff has fled the scene to Nashville to enjoy whatever douchebaggery he can find there, and Covid has silenced DTF – for now.
But one thing is certain. The City’s downtown creation, AKA Dick Jones “monster” will continue to suck millions in resources out of the General Fund even as the bureaucrats continue to admire the mess they did nothing to stop and continue to characterize a liability as an asset. And because of that complete disconnect with reality, they will continue to push for a noise-a-palooza – no matter how long it takes.
Sometimes it’s hard to tell if government bureaucracies do the things they do because of incompetence, venality, or favoritism. In the never-ending story of Fullerton’s noise regulation all three seem to be uniquely intertwined.
What is inescapable is that the City of Fullerton has striven mightily to separate the issue of nuisance noise emanating from downtown outdoor areas from both enforcement and illegality.
In 2011 the ridiculous Transportation Center Specific Plan finally made it legal to propagate amplified outdoor music, thus making Jeremey Popoff’s Slidebar appear honest, although he still didn’t have a legal Conditional Use Permit. But the new regulations for noise had no more effect than Popoff’s missing CUP because the City – cops and code enforcement – refused to enforce the regulations.
.
What to do? Hmm. What about throwing the issue into a miasma of bureaucratic paper shuffling so that nobody would notice what you were doing, and downtown scofflaws could actually be absolved, de jure as well as de facto?
In August, 2014 the City tried this pitch with the idea that the Noise ordinance would be updated along with great swaths of the existing land use law to make thing, you know, easier to figure out. But downtown noise played a prominent part in the discussion, if not really in the staff report. The council approved noise studies as a mechanism, a cynic might say, to avoid cracking down on Popoff, Jack Franklin’s Roscoe’s, and their ilk, because that is exactly what happened.
2015 rolled around and the Community Development “professionals,” led by newly minted Director Karen Haluza, were again yakking it up about revising the Code. Well, these things take time, you know, and in the late summer of 2016 the City Council finally got around to passing Ordinance 3232, a revised Code, still, with intent of instilling commonsense and clarity. The definition of amplified music was scratched out pending future action.
But whatever the motivation, the ever-shifting sands of sound gave the bureaucrats, aided and abetted by the perpetual dishonesty of City Attorney Dick Jones, the pretext they needed to bat away complaints about the illegal noise – because the issues was under study and consideration!
The vicious circle took yet another revolution in June of 2018 when the Council was persuaded by yet another new planning director, Ted White, to pass a Resolution of Intent to once again revise the land use codes in the interests of commonsense and clarity. Of course the Noise Ordinance and downtown noise was actually a key driver in this conversation, too. Mr. White took it upon himself to introduce a new downtown noise map where any outdoor sound would be permitted; but, the standards – 70 decibels outside and 65 decibels inside – were not to be applied to the source, but to the sensitive receptor, and the burden of proof was clearly laid at the feet of the victim, not the perpetrator of the nuisance. The bureaucracy seemed oblivious to the Armageddon of Noise they were trying to create or the sensibilities of residents adjacent to the riot zone.
The Planning Commission was finally scheduled to review the latest iteration of musical chairs in November, 2018; but the discussion was mysteriously continued for three months until February, 2019 by which time two opponents of amplified music, Nick Dunlap and Ryan Cantor had been removed from the Commission. A coincidence? Who knows? Stay tuned…
Okay. What have we learned so far about Fullerton’s long and corrupt attempt to avoid addressing the problem of amplified outdoor music?
First we have learned that Fullerton’s “experts” in the Planning and Code Enforcement divisions have been serially uninterested in enforcing their own laws in an effort to appease and placate scofflaw bars in the financial sinkhole known as downtown Fullerton.
Second we have learned that you can’t make government bureaucrats do their jobs if they don’t want to do them.
Way back in 2009 City Hall knew it had a problem on its hands as the metastasizing and illegal clubs began sharing their good times with everybody else. A “consultant” called Bon Terra was engaged to to a noise study and the City Council, at the time, voted to maintain the existing code that prohibited outdoor music.
But saying something and doing something about it reflects a mammoth void in Fullerton, and the bureaucrats in City Hall don’t give up on an issue until one way or another, they get what they want.
And in 2012 they got a friend, Jennifer Fitzgerald, who was more than happy to run interference for people who had no qualms about violating the noise and land-use law.
And so, over the next seven years, the Noise Nuisance continued, most notably at The Slidebar, a club that was illegally operating without a CUP. And even as the nuisance continued, the City embarked on a campaign to eliminate any restrictions at all. Complaints were invariably batted away by Planning Directors Karen Haluza, Ted White, and Matt Foulkes who, along with our egregious City Attorney, Dick Jones kept citing studies and new plans, and whatever else they could use as a pretext for doing nothing.
Finally by 2019, it became apparent that the goal was to permit an acoustic free-for-all in downtown Fullerton.
In the past 10 years or so, Fullerton has had four different planning directors: Al Zelinka, Karen Haluza, Ted White, and most recently an individual named Matt Foulkes. Pop quiz: what else do these folks have in common?
Time’s up. Answer: none of them enforced the city’s noise ordinances, and each seemed to be dedicated to ignoring zoning and land use regulations in downtown Fullerton. We’ll get to the “why” of it in a later post. For now I want to point out the trajectory of this mess. As scofflaws like Jeremy Popoff’s odious Slidebar and the Florentine Mob’s various enterprises refused to comply with our laws, the Planning Directors noted above began an ongoing project to lower and lower the legal bar until even the lowest nematode could wriggle over it.
Now if we contemplate this downward spiral of our “experts” in the Planning Department and Code Enforcement we notice that it hit a virtual rock bottom in January 2019 when Matt Foulkes pretended that he didn’t know what a property owner was and approved the submission of an official document forged by Joe Florentine pretending that he, Florentine, was an “owner.”
Of course all of this malfeasance was amply documented here on the FFFF blog. And guess what? Nobody in City Hall cared; or to be more precise, nobody cares, still. See, in Fullerton incompetency and blatant corruption are so common on the part of our City Attorney, Dick Jones and the cadre of drunk, venal and just plain dumb City Managers and staff that our threshold for outrage is as low is almost worn away.
But not quite. Stay tuned for noise. And by noise I mean the noise generated by city staff to ignore, dilute, obfuscate and dodge the Noise Ordinances.
FFFF has published lots of posts about the way in which our highly paid “experts” in City Hall have made it their business to run interference for the numerous scofflaw bar and “club” owners downtown when it comes to ignoring annoyances like Conditions of Approval and the municipal code’s Noise Ordinance.
Both topics have been addressed in the same way: if they can, they simply ignore the situation. The blind eye approach has worked most of time. When it hasn’t, Step 2 is invoked. Step 2 is to diligently pursue making the laws laxer, so lax in fact, that the lawbreaking is no longer lawbreaking. This bureaucratic gambit is really nice because the Planning Department Staff can always claim that something is in the works that will address the situation. Of course that’s a lie. What’s really happening is that the department is trying really hard to come up with a legal absolution so low even the lowest douchebag can slither over it.
At every step of the way, the scofflaws – Jeremy Popoff of Slidebar fame and the Florentine Mob spring most readily to mind – lubricate the gears of Fullerton’s small town political machine who have seemed ever-ready to support the law breaking.
While we here at FFFF have extensively covered the abuse of CUPs and other land use issues, the history of the ongoing issue of nuisance noise traces a perfect trajectory of incompetence or casual corruption, or most likely, of both.
The story spans three city managers, four planning directors and a whole slew of elected ciphers who would rather defend purveyors of nuisance over the right of their constituents to quiet enjoyment of their property.