Meet Elizabeth Hansberg

Fullerton’s Future?

Friends, you may be excused for not knowing who Elizabeth Hansberg is. Very few people know, or care who is on their Planning Commission. But it matters.

Elizabeth Hansberg is our current Planning Commission Chairperson, appointed by the egregious Ahmad Zahra. “So what?” I can hear you saying. Well, contemplate this: she says she is an urban planner, and boy, does she have an urban plan for Fullerton: 13,000 new housing units is the plan, a concept that would increase our population by as much as 33%, upward of 200,000.

“What’s this?” you ask. Here’s the deal. Ms. Hansberg is a “housing advocate” which means jamming as many apartment blocks as is possible into Fullerton. The non-profit she started – People for Housing, now affiliated with something called YIMBY (Yes In My Backyard) lobbies government agencies to build housing units. And lots of them. The website brags about lobbying the Fullerton City Council with images of yet another Planning Commissioner in tow – some political opportunist weenie called Jose Trinidad Castaneda,

Their mission is to pursue the current philosophy current in Sacramento to build hundreds of thousands of new units no matter the impact on the current property owners, the infrastructure or the environment. Slow Growth and sustainability advocates are her nemesis.

Naturally this has raised accusation that her movement is nothing but a pawn of the big development interests who are desperate to sink their shafts into the mine of cross-zoning in-fill housing monstrosities. Her cohorts deny this charge, but it still rings true. Why? Because she actually solicits opportunities from developers to engage in political advocacy on their behalf. It’s right there on the website. It gives every indication of being little more than a self-congratulatory shake-down effort.

So who does fund People for Housing, and what are the implications of having this person on our Planning Commission? 

Stay tuned.

Domer Quits As Fullerton City Manager

Domer-Decorations
Hitching to Barstow…

Late yesterday afternoon the City of Fullerton announced that City Manager Ken Domer is quitting. Observers have noted a growing dissatisfaction by a majority of the council with Domer’s lack of management ability.

The City press release quotes Domer, thus: “I really can’t stay any longer. It used to be so easy to do the things I do, in the way I do them. Now I have to try to answer embarrassing questions all the time. It’s not supposed to work like that.”

Most recently Domer tried to get the council to go along with privatizing the business registration function – a move that would actually cost the City money, and, by relocating an existing employee, maintain the current employee headcount. This item was rejected by the City Council in a 3-2 vote, now a familiar trend.

In the press release, Domer continues: “I will always value my four years in Fullerton. Working with Jennifer Fitzgerald and Jan Flory was so rewarding for me. And I mean that literally. And of course Jesus Quirk Silva and Ahmad Zahra always had my back, and I had theirs.”

In his brief tenure as City Manager Domer will be remembered for unbalanced budgets, a failed sales tax scam, crumbling infrastructure, lack of code enforcement, bending over backward for downtown bar scofflaws, ridiculous vanity construction projects and many other accomplishments. But he may be best remembered for the City’s reckless lawsuit against this very blog, and the incredibly corrupt decision to approve Joe Florentine’s forgery of an official city planning document.

When reached for comment, former councilperson Jennifer Fixgerald noted, “Ken Domer is a real treasure; a pleasure to work with; worth his weight in gold.”

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 5

But wait, there's more!
But wait, there’s more!

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.

New in town, but he caught on quickly…

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.

In Nashnille hearing yourself think is highly overrated, I guess…

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.

Matt Foulkes. The downward spiral is complete.

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.

Accountability? It was never on the agenda.

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.

Stop the noise, consarn it!

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.

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…

 

 

We’re All In This Together, Right?

Dunlap-Jung
Can these two help bring some accountability to Fullerton?

Or so we are led to believe. But our public employees come first, of course.

At last night’s council meeting the discussion rolled around to what to do with $34,000.000 that will be coming Fullerton’s way courtesy of the federal governments latest orgy of largesse. Fred Jung opened the discussion with an emphasis that the City’s massive infrastructure debt be addressed. That sentiment was echoed by Councilman Dunlap and Mayor Whitaker.

Then the predictable began.

Zahra OC Register Battery

Ahmad Zahra cautioned that there might be restrictions on the money of which we are unaware and not to “count our eggs.” Of course this is code for: protect our employees.

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

At the 5 hour and 20 minute mark, Jesus Silva raised the topic of making our employees whole for their wonderful pay reduction sacrifices during the pandemic; City Manager Domer, reminded the council that the various bargaining units had taken pay cuts with the understanding that they would be reimbursed when new revenue was discovered (Measure S passage, no doubt, or failing that more fed bailout).

https://fullerton.granicus.com/player/clip/1265?view_id=2&redirect=true

And that’s where the discussion wandered off into bureaucratic miasma with nothing resolved and no policy established. Once again the proverbial can was kicked down the road for another day.

Yet one thing is crystal clear. A public that has suffered itself tremendously over the past year, financially, psychologically, and personally is very likely to be on the hook to recompense public employees whose incomes, jobs, health insurance, and overall well-being was guaranteed (by us) throughout.

And that’s just the way it is.

 

 

Fix The Streets Damn It!

 

20. AMERICAN RESCUE PLAN ACT UPDATE
On March 11, 2021, President Biden signed the American Rescue Plan Act which
programs over $1.9 trillion in relief funding related to the COVID-19 pandemic.
Councilmember Jung requested, with concurrence from Mayor Whitaker, to hold an initial
discussion of local funding opportunities.
Recommendation:
Provide direction as appropriate

On tomorrow night’s council agenda we see that Item #20 is a discussion about what to do with the Democrat’s Federal relief dough, estimated to be in the neighborhood of $35,000,000. That’s a nice neighborhood, especially if you’re a stumblebum city manager like Ken Domer who is hanging on to quarter mil per year job by the skin of his teeth.

Domer-Decorations
Hitching to Blythe…

This pile o’ cash is undoubtedly already attracted the attention of the Hero unions who will be clamoring for equity, parity, and any other ity they can think up. And of course Domer has been complaining about his poor, overworked skeleton staff crew, too, so there’s that.

Measure S Covid Lie

I know that the bureaucrats will be applying pressure to use the money for payroll and pensions. How do we know this? Because that’s what they were pushing hard with the late and not lamented Measure S tax. We can be sure that staff will be doing the usual song and dance about what the Biden Bucks can and cannot be spent on.

Well, here’s what I say: $35,000,000 will pay for a whole lot of paving and a whole lot of sidewalk.

Dunlap-Jung
Can these two help bring some accountability to Fullerton?

It’s painfully obvious that Councilpersons Zahra and Silva will do whatever they’re told by the City Manager. Fortunately, Councilmen Dunlap and Jung know who they work for. And it isn’t the public employee unions. That leaves Mayor Bruce Whitaker who actually helped Jung get this item on the agenda for public discussion.

 

Fullerton’s Nuisance Noise and The Ongoing Saga of Incompetence and Corruption. Part 3

Okay. What have we learned so far about Fullerton’s long and corrupt attempt to avoid addressing the problem of amplified outdoor music?

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

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.

Stop the noise, consarn it!

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.

Yes, that is the answer!

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.

You can take the douche out of the bag…

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.

Matt Foulkes. The downward spiral is complete.

Finally by 2019, it became apparent that the goal was to permit an acoustic free-for-all in downtown Fullerton.

 

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.

 

Whitaker Re-elected to OC Water Board

This is water…

 

Last night the City Council voted to appoint Bruce Whitaker To the OC Water District Board of Directors. The term of the previous incumbent, Ahmad Zahra had expired at the end of 2020.

The vote was 3-1-1, with Whitaker, Jung and Dunlap voting for Whitaker; Zahra nominated and voted for himself; Jesus Silva decided that discretion was the better part of valor, and abstained.

Zahra-Busted
Why is this man smiling?

It was not for lack of trying to keep this paying gig that Zahra relinquished his job. No, Indeed, for a line of scripted commenters tried valiantly to praise Zahra to the Heavens, why, Good God! The man practically invented water!

Too much scotch, not enough water…

The funniest commenter was none other than Fullerton’s Mistress of Disaster, Jan Flory, who joined in to share in the hosannas for Zahra. She read her script okay, but it included her statement that Zahra had actually authored articles about water,,,for the Fullerton Observer.

Whitaker was clearly the better choice. The water board has jurisdiction over the aquafer on which we sit. The district has massive financial reserves paid by us in ad valorem taxes. And in the past decade the OCWD has been at the center of a massive rip-off called Poseidon, a desalinization scam meant to provide more water to OC county for the purposes of south county development.

Unlike Zahra, Whitaker will not posture on the board for publicity and to be able to pretend some imagined expertise. He won’t use the agency to promote his own agenda and his own political prospects. And Whitaker is not currently charged with crimes by his own police department; nor is he under threat of recall by his district constituents.