A Tale Told By An Idiot

Ed Bargas speaks. Sort of.

Last week the Voice of OC published an opinion piece by a gentleman named Ed Bargas. Mr. Bargas is head of the civilian employee union in Fullerton, and if he wrote this drivel, then I’m the Pope.

You can read about how Bargas believes Fullerton is at a crossroads – meaning that the City leaders must choose between the welfare of his union members and the citizenry at large. Of course he doesn’t put it like that. He complains that the City Council is embracing the conservatism of the ’80s in which government is viewed with suspicion, even hostility. To this all I can suggest to Mr. Bargas is to read the pages of this blog, and after reviewing the litany of incompetence, corruption and cover-ups, reconsider whether or not suspicion, even hostility is justified.

Bargas makes the mistake of starting of his long list of threatened city functions with public safety, forgetting to remind his readers that it is the very public safety pensions laid out by supine politicians like Ahmad Zahra and Jesus Silva & Co. that have brought financial crisis to Fullerton.

Of course the Big Problem is lack of revenue, and Mr. Bargas was no doubt a cheerleader for the ill-fated Measure S on last November’s ballot that went down in flames, falling victim to honesty and common sense. Maybe he thinks that somehow the new majority of responsible councilmembers can be persuaded to try that scam again. Well good luck with that.

“Boutique” Hotel Lumbers Along

Enhanced with genuine brick veneer!

An item on last week’s Closed Session council meeting just caught my eye. The item identified the southeast corner of Pomona Avenue and Santa Fe, location of the previously discussed “boutique” hotel proposal. I last reported it here, when the Council voted 4-1 to let the unsolicited, single proposal issue get a time extension. As usual the lone no vote came from Bruce Whitaker. The July 6th item just says “terms and price” so that it can be hidden behind the Brown Act exemption.

Huh?

When the City Attorney emerged he declared that this harebrained idea was moving ahead on a 3-2 vote to authorize a Letter of Intent to approve a development agreement. Hmm. We know that Jesus Quirk Silva would go for it. After all, he already changed his vote once to move this along – way back in December of 2018 as a parting gift to Doug “Bud” Chaffee. And Ahmad Zahra is always a reliable vote to support some stupid government giveaway or overreach.

Dunlap-Jung
One of them?

So that leaves councilmen Nick Dunlap, Fred Jung and the aforementioned Whitaker. It is really hard to believe that Whitaker would suddenly change course 180 degrees from a previous commonsense, conservative position. Dunlap and Jung have so far shown unusual sales resistance when it comes to ridiculous bullshit so it’s hard to see either one going for this. But obviously, one of the three did. Who was it, and why? We were not told by the City Attorney and the minutes do not include such potentially embarrassing things.

And this will be a giveaway. You and I own that parcel of land that is currently providing popular parking for Transportation Center commuters. What is the land truly worth? If the Council continues on this reckless course to support a massive public subsidy to for an idea that has no basis in market demand, we may never know.

The days of the Fullerton Redevelopment Agency writing checks to fly-by-night developers, scammers, and other corporate welfare queens is over; but the so-called Successor Agency is perfectly capable of handing over real estate and getting nothing in return. And that looks likely to happen as the story of Fullerton’s unsolicited boutique hotel lurches forward.

 

 

City of Fullerton Calls it Quits Against Bloggers/FFFF

ACLU, EFF, RCFP, ACLU SoCal

Yesterday, in a special meeting,  the City of Fullerton officially bowed to the inevitable and settled its retaliatory lawsuit against Joshua Ferguson, David Curlee, and this blog. The vote was 3-2 with Bruce Whitaker, Nick Dunlap and Fred Jung voting to end the bloodletting. Jesus Quirk Silva and Ahmad Zahra, who started the lawsuit and have stubbornly kept it alive, voted no. Whether they were laboring under the sunk cost fallacy or if it was simply a childish aversion to admitting their own culpability in the mess, will never be known.

Zahra-Busted
Why is this man smiling?

It doesn’t happen very often that honest citizens can prevail against their government. In fact it almost never happens – a tribute to the tenacity of the courageous FFFF bloggers and their attorney, Kelly Aviles.

After a year and a half of lies, defamation, obstruction, incompetence, buffoonery, temporizing, more lying and running up huge legal bills the City has given up. Here are the main points:

$60,000 in compensatory damages to Ferguson and Curlee;

A public statement absolving Ferguson and Curlee of any culpability;

Legal fees for Kelly Aviles amounting to $230,000.

The winners here are justice (deliberately stalled, to be sure) and journalistic freedom against prior restraint; and, of course, any people who want to be able to get information that their own government is legally obligated to provide.

The losers, once again, are the taxpayers of Fullerton who are on the hook for $350,000 plus how ever much the legal team of Jones and Mayer have racked up – a sum estimated to be approaching $500,000.

Well, Friends, you can add as well as I can. At least three quarters of a million bucks to pursue this hare-brained retaliation against bloggers whose only desire was to get information from their own city government.

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

And so it is particularly amusing to consider the stammering, babbling statement from Jesus Quirk Silva that he was voting against the settlement because of his “fiduciary responsibility” to the people of Fullerton.

Axis of Casual Corruption.

Too bad the other two vindictive and profligate architects of this disaster have conveniently exited from our political stage: Jan Flory has resubmerged herself into whatever nasty swamp will have her; and our former influence peddling Mayor-for-hire, Jennifer Fitzgerald, is fleeing the state entirely, having feasted on the Fullerton carcass until there was no more meat on the bones.

 

Fitzy Fire Sale. Everything Must Go!

It’s easy, just lift your leg and piss…on ’em

My human Friends have learned that your former Mayor-for-hire, and the best bestie of my former mistress, Jennifer Fitzgerald, is jumping ship from the Fullerton boat of which she spent years drilling holes in the bottom. But before she skips town she has planned at least one last scam to separate the gullible bipeds from their dough. This borders on some sort of abuse, and believe you me, I know a lot about abuse! 

Can you please repeat that? Hard to believe any of you humans would pay a hydrant pee to listen to Fitzgerald opine on any subject, but this topic is so funny that it’s even funny up here in doggie heaven.

What qualities make a good city manager? Well, let’s ask.

How about refusing to reform a criminal enterprise known as the FPD?

How about letting millions of gallons of expensive MWD water leak out of Laguna Lake with zero accountability?

How about years of unbalanced budgets leading to the brink of fiscal disaster?

How about serial neglect of the city fragile infrastructure?

How about getting drunk and running over a tree, and then trying to drive off?

How about covering up a Parks N’ Rec vehicle crash?

How about turning a blind eye to serial code violations?

How about continuing to foster the myth that downtown Fullerton is some sort of financial asset?

How about turning a blind eye to forgery of official city documents?

How about stonewalling on required release of public documents?

How about wasting hundreds of thousands of dollars on crony “consultants”?

How about mismanaging construction projects as simple as wooden stairs and elevator additions?

How about enabling vanity projects like unused ceremonial bridges and dry duck ponds?

How about wasting a million dollars in state money on an idiotic and unpopular Specific Plan?

How about acceding to the demands of regional agencies for housing demands?

How about developing an entire Specific Plan behind everybody’s back – except the housing bureaucrats and do-gooders?

Arf! That’s only some of the stuff I can remember happening under the watch of Fitzgerald’s two city managers – the drunken stumblebum, Joe Felz, and the equally incompetent, likely sober, Ken Domer, neither of whom could run a dog kennel, as well I know.

For Jennifer Fitzgerald the only skill that mattered from a city manager was to accommodate her desires, desires that often as not ended up costing the citizens and taxpayers of Fullerton one way or another. She was a “master” all right. A master of manipulating a feeble system of political hacks and corruptible bureaucrats.

Hopefully some female human attending this gathering will be smart enough to ask some of the specifics of Fullerton’s city management disasters, but I doubt it.

 

 

Is Domer Dunn?

Domer-Decorations
Hitching to Ridgecrest…

Last Tuesday the Fullerton City Council majority finally got sick and tired enough with their hapless City Manager to tell him to take a hike. The votes to oust Ken Domer came from Bruce Whitaker, Nick Dunlap and Fred Jung.

Cop coverup artist, drug warrior, IT wizard, this talented cat can do it all…

Insiders are suggesting that his temporary replacement will be none other than Police Chief Robert Dunn.

The Council is meeting Tuesday to discuss a replacement appointment.

The handwriting is on the wall…

And when you think about it, the only real question is why it took so long.

Ken Domer
Domer. There’s a lot less there than meets the eye.

By any measurable standards, Ken Domer was not very good at his job. He took too long to address the City’s structural budget deficits, and when he did, his solution was to raise sales taxes – taxes not even aimed at our horrible infrastructure.

Under Domer we saw the deliberate ignoring of noise code violation enforcement and the effort to dilute the relevant codes. We saw the the aiding and abetting of a permit applicant who forged official planning documents. We saw idiotic and unsupervised vanity construction projects. We saw stupid things like the recently killed “aquaponics farm” and the connivance required to begin a Specific Plan without any input from the community or even the City Council.

We saw a string of “consultants” hired out of the blue to perform tasks that Domer and his highly paid staff should have been able to do in their sleep.

Why the underqualified Domer was ever hired in the first place will probably always remain a mystery, except that it makes perfect sense that Jennifer Fitzgerald, our former Mayor-for-hire, wanted someone who would reliably do what she wanted without asking any embarrassing questions.

Along with walking legal catastrophe, Dick Jones, Domer was certainly complicit in the vindictive lawsuit waged by the City against FFFF bloggers, a disastrous strategy that will cost the tax-payers plenty.

Measure S Covid Lie

But it was the ill-fated and duplicitous Measure S sales tax scam that really iced the cake. It was designed as a rescue for the pay and pensions of Fullerton’s full-time public employees, who, during the pandemic, have continued to enjoy pay and benefits while many of Fullerton’s residents and business were suffering the cruelty of a real world unprotected by the largesse dispensed by government union-friendly politicians.

Well, Domer is gone, but it would be a waste of time and tears to mourn his departure. He is getting a month’s pay and benefits up front worth $25,000. And then he will begetting 9 months’ pay and benefits courtesy of a contract extension granted just two month before last November’s election by Fitzgerald and her council cronies Ahmad Zahra, Jan Flory, and Jesus Silva. That’s another $25,000. Per month. And the bonanza of Domer’s pension spike in Fullerton will be a cost borne by all of us for a long, long time.

The people of Fullerton have been awful good to the Domer family.

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…

 

 

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.