Sound and Fury. Noise Ordinance Finally Approved. Downtown Is Dying.

It could be worse. It could be Speed Metal! Wait. It is!

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.

For the business…

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.

Transparency, uber alles!

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.

When Will Zahra Organize Opposition to a Commonsense Noise Ordinance?

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.

Always game day in Fullerton…

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.

I sometimes fight for transparency!

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?

Nuisance Noise Stupidity Continues

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.

dick-jones
Nothin’ up his sleeve…

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.

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 4

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.

SlidebarMotto
A few thou here and there worked wonders…

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.

A standup guy walking tall.
.

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.

I’m not going to do my job and you can’t make me…

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!

New in town, but he caught on quickly…

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…

 

 

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 2

Al Zelinka. Failing to the top.

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?

Haluza. The closer you looked, the worse it got.

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.

Ted White didn’t leave his fingerprints…he thinks…

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.”

Matt Foulkes. The downward spiral is complete.

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.

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 1

Flory in search of the proverbial yard arm.

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.

In City Hall, doing the right thing just wasn’t gonna happen…

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.

You can take the douche out of the bag…

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.

 

City Council to Decide Homeless Shelter Rezoning Ordinance (eventually)

(Update: According to the agenda forcast, the vote on this ordinance will be held on March 6, 2018)

Writing for FFFF is a volunteer effort, aside from the stipend we receive from NASA and the Round Earth Cabal (which really hasn’t kept up with inflation, if we’re being completely honest here). Our lack of compensation gives us the advantage of calling things like we see them, without having to worry about how our opinion will play with our employer/advertisers, but it also means that issues often come up and none of us here at FFFF have the time to dig into the issue and provide any meaningful commentary on the subject.

This was the case for the recent vote on the Planning Commission, which will soon be appearing before the City Council, to rezone all commercial property to allow for homeless shelters provided they operate with a CUP. The decision was made as part of a settlement with Curtis Gamble filed through the Pacific Legal Aid Foundation. Local resident Scott Hess, who is opposed to the rezoning, has investigated the change to the ordinance, and much of the information below is from my email exchanges with him on the subject.

On January 24, 2018, the Fullerton Planning Commission adopted a code amendment to allow 24 hour Emergency Homeless Shelters  in any of the commercial districts in Fullerton.

(more…)

Trouble in College Park

College Park is an old neighborhood adjacent to Fullerton Junior College. Back in 1979 the City designated it as an historic preservation zone. That was 46 years ago if you’re counting. The area is full of little bungalows and small spanishy looking houses. It’s a nice neighborhood even if you add in the dinky roundabouts on Wilshire – the brainstorm of Wild Ride Joe Felz, who certainly could not have navigated them on election night, 2016.

But I digress.

Cornell Avenue resident

At the last City Council meeting a woman who lives on Cornell Avenue in the district complained about a building on her street under construction that was completely out of character with the neighborhood and the preservation rules, adopted in 1996, that are supposed to protect against such things. She kindly reminded the Council that she lives in D5 – Ahmad Zahra’s district.

So I went over to the 100 North block of Cornell Avenue and snapped some images.

The Thing That Ate Cornell…

Now I’m not an architect, but something is awfully wrong here. Yeah, it’s a big box with cheap, misaligned windows that is completely out of scale with the houses around it. Yikes. Check out the puny little rooflet over the cheapo Home Depot door.

It may be ugly but it sure is big…

How could this happen? It looks like somebody in City Hall dropped the melon with a loud plop. As I understand it, there is a staff process for reviewing these developments. Did it occur? I don’t know. But whether it did or didn’t happen, the problem is obvious. If it didn’t, why not? If they did what sort of knucklehead(s) could have approved this?

Eyesore is right.

At the meeting Development Director Sunaya Thomas preposterously claimed this hulking monster was somehow an ADU development – meaning a mere accessory dwelling unit, a “granny unit,” and that the City had no real control over the design of the beast; and also that it was up to the owner to figure out parking for his tenants! Up to the owner? Since when?

Of course Ms. Thomas is talking out of her backside, as is so often the case. The rules for preservation in the R2P zone are called out in the Municipal Code – Chapter 15.17.60, from which I quote:

 All proposed development, including the rehabilitation of existing structures, will be reviewed for compliance with established design criteria and standards, specific to the preservation zones and identified significant properties. These adopted design criteria and standards, entitled “Design Guidelines for Residential Preservation Zones,” are intended to serve as a baseline — a set of elementary guidelines — by which a proposal will be evaluated.

Here are the the guidelines, supposedly unknown to the very person in charge of applying them to new development in preservation zones:

https://www.cityoffullerton.com/home/showpublisheddocument/1232/637436214735730000

I learned a long time ago that it’s almost impossible to make Fullerton planning bureaucrats do their jobs (see noise ordinance issues). The defensiveness and lack of shame will always prevail. But this is appalling. The rules are there to follow, not to pick and choose.

Thomas failed and failed badly. The Council was lied to on Tuesday night. Does anybody care?

Hopefully the D5 council representative Ahmad Zahra, who champions transparency and accountability, will get to the bottom of this fiasco.

What Does The Future Hold for Arnel Dino

In case you missed the 2022 District 3 election for Fullerton City Council, here’s a recap of the results.

Our current incumbent, the self-righteous and condescending gas bag, Shana Charles, got far less than 50% of the vote; the remaining votes were spilt pretty evenly between a guy named Johnny Ybarra and Arnel Dino who had been supported by Fullerton Mayor Fred Jung. Charles was supported by the fire brigands who got her elected.

It’s obvious that the turnout was anemic. That’s an ongoing challenge to candidates; or an opportunity – depending on one’s perspective.

Dino ponders his future…

The word on the Fullerton grapevine is that Arnel Dino wants to give it another go in 2026. If true, he has been super low-profile about it. I haven’t heard a peep out of this guy.

I’m a doctor. I will figure it out for you dummies…

One opponent would be Charles – who has announced her decision to continue her fascinating journey of discovery.

Charles is vulnerable among conservatives – Republican or Independent. Her spendthrift stance on shelling out $200,000 for illegal immigrants’ rent and legal help will be a huge detriment. A year from now, the failure of the $2.3 million Trail to Nowhere will be obvious; the Waste on Wilshire fiasco, the boutique hotel disaster, and numerous other boondoggles will no doubt shine prominently as campaign issues.

Spinning, spinning…

Then there’s the $4000 she and her husband got from the dope lobby during the 2024 campaign in District 4. The dead weight of these albatross neckties is going to be heavy – even for an advocate for public health.

There is no doubt that Fullerton Tax Payers for Reform will wage a well-funded and efficient campaign against her, as they did with Cannabis Kitty Jaramillo.

Will Mr. Dino see an opportunity to give it a try? He is on the Fullerton Planning Commission and FFFF actually gave him and his colleagues a positive nod on the noise ordinance issue. Still, the Planning Commission title may sound nice but it doesn’t mean a lot these days, if it ever did.

So come on, Dino, let us know your plans.

More Bungling And Intransigence From Fullerton’s Underpaid Bureaucrats

On June 26th the Fullerton Planning Commission revisited the never-ending saga of a Noise Ordinance Revision, mostly as it applies to illegal noise in Downtown Fullerton, a situation that City Code Enforcement has for years been energetically ignoring. Friends may recall that the City Council bobbed and weaved on this issue at the end of 2023 and again in February, without, seemingly even bothering to read the proposed mess of an ordinance. Taking bold action the Council referred the matter back to the Planning Commission who had already rubber stamped it.

But when the PC did review the matter again, the same thing it had already approved, the Commission seemed to have developed both curiosity and courage. On March 26th they savaged the jumbled and contradictory hodgepodge and decided they had better have an on-site examination of the actual problem and the problem makers; afterward they would reconvene.

And reconvene they did, for a “workshop.” Somehow – and it’s not quite clear how – the meeting had been identified somewhere as a “public hearing,” a meeting where important discretionary decisions are made. Even the staff report contained a recommendation to approve the ordinance changes – a formal action. Some of the Commissioners wanted to shut it down then and there, and reschedule the matter; others were eager share their opinions after on-site field trips. In the end the Planning Commission continued the matter so that staff could get it right next time (they won’t).

The staff report itself contained the usual propaganda and misstatements and handwringing that have become the hallmark of Sunayana Thomas, Fullerton’s Planning Director and Economic Development expert. Here’s one:

This statement is absurd, of course.

Then there was the same old litany of difficulties in legally enforcing anything and winning in court. Jesus H., when they don’t feel like doing something they’re just weak as kittens.

Two things emerged during brief “public comments.”

First, Joshua Ferguson pointed out that the notice error was a Brown Act violation and also that a “serial meeting” had taken place. The unnamed lawyer at the meeting who is employed by “The I can’t Believe It’s A Law Firm,” claimed everything was kosher because a quorum of the Commission never met to discuss anything, which begs the question of whether staff itself can organize a serial meeting, illegal under the Brown Act.

Another thing that popped up is that staff, on its own initiative has actually now raised the allowable decibel level that they are recommending in Fullerton’s Commercial Zones to 80dBs – based, presumably, on their field adventures.

Two things remain crystal clear: City staff doesn’t want to do their jobs, and the coddling of nightclub operators abusing their 47 Licenses is going to keep happening until some City Council caves in and gives the bar owners legal license to keep doing what they’ve been doing for 20 years. The long-running effort to protect lawbreakers in Downtown Fullerton will continue for at least a while longer. And every delay makes more money flow into the pockets of the scofflaw bar owners.