Hmm. Former Fullerton Councilcreature for Hire, Jennifer Fitzgerald, may be getting out of Dodge. Word out and about is that Jennifer Fitzgerald wants to move. Out of Fullerton? I don’t know.
I’m sure not complaining about it, I’m hardly even wondering why.
See ya.
During Jen’s 8-year career driving Fullerton to the precipice of insolvency and immanent infrastructure collapse, she made it pretty clear that she was in it for whatever she could get out of it for herself, her campaign supporters and her boss, lobbyist Curt Pringle. Her last, desperate flail at influence peddling occurred in last fall’s election when her puppet candidate, Andrew Cho, dredged from the obscure depths of anonymity, was defeated by Fred Jung,
Why is this man smiling?
Now there are only two candidates willing to be “influenced” Fitzgerald: Jesus Quirk Silva and Ahmad Zahra. And the latter may soon have his legal troubles advertised for his constituents to peruse.
I’ll drink to that!
So maybe Fitzy figures it’s time to abandon the smoking wreckage she masterminded courtesy of two utterly incompetent but willing co-conspirators – Joe Felz and Ken Domer.
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.
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…
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.
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.
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.
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.
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.
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.
Today the City Manager, Ken Domer notified the Parks Commission that he was canning Hugo Curiel, the guy who’s been in charge of the Parks Department for 7 years, or so. Here’s the mealy-mouthed text:
So what was it? I don’t know but it must have been something very bad, even though Domer is clear that the firing wasn’t “for cause.” So maybe it was just personal in some way, requiring “a different direction” whatever the Hell that means. And maybe it was meant as a pre-emptive bloodletting meant to forestall future personnel whackings closer to the Domer domicile.
By now the Friends are well-aware of the attempt by Joe Florentine, the scofflaw proprietor of a restaurant and bar in downtown Fullerton, to fraudulently alter and submit official documents in pursuit of a Conditional Use Permit.
He even admitted it.
Reliable sources have indicated that a criminal investigation has been opened by the Fullerton Police Department based on a complaint filed by the property owner, Mario Marovic, and passed along to the District Attorney’s office.
Now the felonious miscreance of a Fullerton Florentine family member is about as newsworthy as a mailman bitten by a dog – no surprise there. Rather, the key facts of interest in this case are that Mr. Florentine had lots of help inside City Hall, including the Planning Director, the City Manager, and of course our top-notch City Attorney, Dick Jones, who finally had to recuse himself from dispensing laughable advice due to a conflict of interest.
Hitching to Blythe…
Apparently, City Manager Ken Domer knew exactly what was happening and was determined to proceed with the fraud anyway.
It’s hard not to believe that some fall out from this conspiracy will land in the proximity of new Councilmembers Fred Jung and Nick Dunlap, who will certainly be averse to the radioactivity. The City Manager is already on the thinnest of ice after blowing $130,000 on a marginally legal PR campaign to promote Measure S, and then unsuccessfully trying to spend another 90 grand just before Christmas to hire an expert to try to fix the budget shortfall. City Managers are protected by contract but there is no contractual protection for a person who has violated the law. Will we soon be hiring a management search firm?
Staying awake long enough to break the law…
As always, Jones and Meyer are likewise compromised by their corrupt and incompetent and self-serving practices. But Dick Jones, like Talleyrand, always seems to be able to keep his head on his shoulders despite all the revolutions.
Leaving Fullerton even worse off than she found it…
And what was the role of Mayor-for-hire Jennifer Fitzgerald, who was the evident and malignant influence around so much of the Fullerton’s recent mismanagement and the cover-ups that inevitably followed? It’s difficult to believe that she wasn’t pushing this through for the benefit of her pals, the Florentines.
Finally, if in fact, City leaders are found culpable in this conspiracy to commit fraud, what is the legal exposure to the taxpayers of Fullerton for both the legal costs incurred by the property owner in the case, and for other damages he may have suffered?
As FFFF learns more about the status of the case we will certainly share it. City Hall probably won’t.
Back on August 18th, out esteemed City Council began the process of declaring a strip of property along Bastanchury Road to be “surplus.”
The vote was 4-1 with Bruce Whitaker in opposition.
Down on the farm…
The obvious purpose of this strategy is to to sell the property to an affordable housing developer so that the politicians can feel good about themselves and maybe raise some fundraising dough. For Mayor Jennifer Fitzgerald this most likely means a lobbying opportunity after December when her presence on the council will mercifully come to an end. Why? Because developer selection and rezoning can be budged along by Pringle and Associates on whose street corner Fitzgerald plies her trade.
But not everybody is happy and there is an election in a month.
The natives are restless…
The locals on the hills behind the proposed development naturally object, as do environmentally-minded people who want the site preserved as opens space. The locals have even come up with a website and are advertising their displeasure with the City Council.
Fred in nature…
And naturally this has become a sudden election year issue for the District 1 council seat. Fred Jung has already made his position known that he prefers the open space option. On the other hand, his opponent, Andrew Cho, was hand-picked by Fitzgerald to have a reliable vote on the council. But not only is Fitzgerald gone this fall, but so is her pal Jan Flory which means that after the election there could be three potential votes to save this site as open space.
The Council passed this item with the usual “this is only the first step in the process” bullshit that begins the process of cloaking another hot mess in the mantle of inevitability. For the folk of District 1, however, the story may take a different turn than the City house-acrats and politicians are hoping for.
Whenever government gets itself into a bind, the first impulse of our bureaucratic overlords and their elected representatives is to resort to the taxpayers for relief. In Fullerton the case is not much different except that here, allegedly, managers and department heads have agreed to 5% and 10% cuts, respectively during our time of troubles. Likewise, according the the union boss, rank-and-file paper pushers have been told to accept the same 5% deal. Whether this gesture of sacrifice is meant to be reimbursed if the proposed 17% sales tax increase is approved by voters remains to be seen.
But that’s not the point of this post.
The point of this post is to ask whether anybody has requested the same sacrifice from our Heroes – the guys and gals who provide “public safety” services to us peons. Word out of City Hall is that no offers have been made voluntarily and none have been demanded. Could it be that’s because the Hero unions are much richer and much more political than the organization representing other city workers?
We are always being bombarded by Hero propaganda that promotes the selfless service and sacrifices by people who ride around in cop cars and fire trucks. Well, I’ll believe that when these worthy public servants step up to the proverbial plate and take the same haircut as everybody else.
Leaving Fullerton City hall a lot worse off than she found it…
Pulled from the City of Fullerton’s website, here is the official ballot statement of opposition to the new sales tax proposed by our Mayor-for-hire. Jennifer Fitzgerald. If you think about it the tax proposal is a monumental indictment of the tenure of Fitzgerald and her yes vote, Jan Flory, on the city council. Employee pay raise after pay raise, unbalanced budget after unbalanced budget.
VOTE NO! Ask yourself: Does the City of Fullerton need even more money from me? If this tax passes, every time you make a purchase, you will pay 9% sales tax in Fullerton, the second highest sales tax in Orange County. The ballot measure title is deceitful. This massive tax increase is not dedicated to fix Fullerton streets, which are rated the worst in Orange County by OCTA. Rather, the money would go into the General Fund and could be used for anything. This 1.25% sales tax increase would be permanent. It is general, not specific, meaning the City Council could spend this money on salaries and pension benefits for City Administrators and other City employees. Over the past decade, Fullerton’s failed leadership spent nearly all revenue increases on salaries and pension benefits: Since 2011, sales tax revenue grew by 51%, property tax revenues increased 52%. Between 2015-16, Council majority approved $19.5 million in pay increases. Since 2011, the Council raised its two largest department budgets 41% and 55%. In 2019 alone, according to Transparent California: 146 City of Fullerton employees received over $200,000 in total compensation, while 51 employees received over 249,000 in total compensation. Fullerton pension recipients collected over $43 million. The City has already increased water rates by a whopping 29% since June 2019, and is scheduled to increase rates again by another 11% next July 1st. The facts are: the City had plenty of money to repair our roads many years ago had it adopted sensible reforms and reasonable, balanced budgets. Fullerton should already have smooth streets and water pipes that do not routinely burst. Vote NO on higher sales taxes!
