Meanwhile, Back @ The Ranch – Part 3

dick-jones
Mudslide and Mayer. Staying awake long enough to sign the invoice…

Fighting your own incompetent and belligerent government can be distracting. And so rather than be distracted, I’ve been playing catch-up with some more of the doings of our idiocracy since the City’s legal lizards tried to stomp on our 1st Amendment rights.

Back on October 1, our esteemed council took on the business of people camping out in their cars. Naturally, the problem needed to be institutionalized, and institutionalized it was – by giving the Illumination Foundation a contract up to $100,000 to run a site-specific car and RV park. FFFF correspondent T-REX covered the story, here.

Play it again, Ken…

With their usual political courage, the council directed that their City Manager, Ken Domer, could decide the location and thereby let a bureaucrat insulate them from the repercussions of their own decision.

Now that location is known – the alley and public parking between the historic Western marketing Building and the Elephant Packing House, a building on the National Register of Historic Places.

Maybe the less said, the better…

Well, fine, say I. This site is directly adjacent to the crown jewel of Fullerton’s Failures, the so-called Union Pacific Park, or, as it is charmingly referred to by neighbors, The Poison Park. it seems right and proper that the City deposit one failure next to another, which is already situated across Harbor Boulevard from one of Fullerton’s first Redevelopment boondoggles, the Allen Hotel eyesore.

Redevelopment Redux…

And stay tuned for episode 4, in which the Poison Park returns to the agenda, and the Fullerton City Council steps on its own weenie again.

Meanwhile, Back @ the Ranch – Part 2

You pay the mortgage, we live in the palace…

When a government sues its own citizens you have the spectacle of a taxpayer having to pay for for his defense and pay for the legal attack upon him. And what a sad, Kafkaesque sight it is.

Another disgusting passion play is when governments use your money to try to propagandize you for their scheme to take more of your money.

Play it again, Ken…

And so very recently the Fullerton City Manager Ken Domer paid to survey the local gentry about the state of the city.

Dear Resident:

The City of Fullerton has hired an independent public opinion research company to conduct a public opinion survey to obtain feedback on key issues facing the City and identify residents’ priorities.

Thank you for participating in this important research.  Please click here to take the survey or copy and paste the link below into your web browser.

https://opinions-survey.com/index.php/survey/index/sid/242328/newtest/Y/lang/en/token/3065BT818751

Your participation and responses to this survey will be completely confidential. The identity of individual respondents and their individual answers to survey questions will not be shared with City staff or officials.

Please do not forward the survey link to others or share it to social media as it is personalized for each recipient of this invitation to ensure that the survey link will only work once.

Sincerely,

Kenneth A. Domer
City Manager
City of Fullerton

 

It’s a good thing the City has so much money to play with.

Lo and Behold! The survey is nothing other than:

  1. An attempt to get you to prioritize the various messes the politician and bureaucrats have created, and,
  2. Ignore the biggest problem – a vastly expensive, often criminal, and completely irredeemable police department; and,
  3. Subtly offer a 1% sales tax as a way to fix the problems; and,
  4. Failing that, howdja feel about a .75% sales tax? And,
  5. Gather that prioritization information you gave them to fashion their propaganda campaign for the inevitable tax.
The heart of the City celebrates another impending victory…

My advice is to ignore the survey except for amusement purposes and remember that we will have school district bond proposals on the ballot in 2020 as the insatiable maws of local government takes ever more and returns ever less.

Fullerton v. FFFF – New Judge, New Court Dates

OC Superior Court in Santa Ana

Things just keep on moving in the legal battles between us and Fullerton.

Yesterday the Hon. Judge Lee ruled that our two cases, Joshua Ferguson v. Fullerton and Fullerton v. FFFF, Joshua Ferguson, et al are related in response to our request for such a ruling.

As such we will no longer be gracing Judge Lee’s courtroom in Department C31 on 27 February 2019.

Currently we have a Status Conference regarding the City suing us on 12 Dec & a Case Management Conference on my Writ of Mandate case on 16 Dec in front of the Hon. Judge James Crandall in Department C33.

OC Superior Court Related Cases Dec2019

For context we argued, and the city opposed, the point that these two cases are related owing to them involving the same parties and general facts:

“[T]he two actions are based on similar claims, arise from the same transactions and events, and require the determination of substantially identical questions of law and fact. The CPRA lawsuit alleges that the City has improperly withheld records it claims are confidential or exempt from disclosure. The City’s lawsuit claims that in the process of responding to Defendants’ CPRA requests, it placed confidential or exempt information on its website, www.cityoffullerton.com/outbox. In both cases, the City has the burden to show that the documents are confidential.”

We’re of the opinion that the city’s case against myself and this blog is retaliatory owing to the fact that the city waited months to file their case and only did so AFTER I filed my Public Records lawsuit.

The city claims they waited to “secure their network” which is utter nonsense considering their own experts, in their own declaration, stated that the city needed approximately 30 days for the company Glass Box to fix their network (not Dropbox) vulnerability. Yet the city sent their original Cease & Desist email on 14 June, their letter to our attorney Kelly Aviles on 17 July and then they waited an additional 99 days to file their lawsuit against us on 24 Oct.

That’s a lot more than the 30 days recommended by Glass Box and sure is convenient timing. It’s even more convenient that the City had to vote “again” on 19 November “in an effort to clarify any Brown Act violations” when they refused to report out about their alleged vote back in September that Whitaker denies even took place.

I will be very surprised it the city does not attempt to appeal this decision to link the cases.

Meanwhile, Back @ the Ranch – Part 1

Don’t let the size fool you. This one’s mean…

As you Friends can imagine the FFFF  industrial complex has been engaged, mano a mano, with the yapping legal beagles employed by the City.

But now I take a break from the marblemouthed drone of Dick  Jones’s lies  to catch up our Dear Readers with other events of the past few months. If you supposed that the spotlight of media attention on its legal mischief has caused Fullerton politicians and bureaucrats to call a pause to its idiotic endeavors, boy, would you be wrong.

Be sure to visit the roof garden…the view of the auto repair shop next door will be amazing!

In October, the proposed dee-veloper of a “boutique” hotel on a parking lot next to the Santa Fe Depot gave a show for us rubes.

You may recall this dubious project – Doug “Bud” Chaffee’s parting gift to us: approval of an exclusive negotiating agreement based on the developer’s unsolicited proposal for a hotel on what is now a parking lot. Nobody had ever heard of this bold impresario before, but no matter. Jennifer Fitzgerald has always wanted one of these “boutique” hotels, even though it was never in the Transportation Center Specific Plan she kept foisting on us all those years.

One of these people is a tax and spender. So is the other…

In case you don’t remember, I bring your attention to the record of our dimwitted and unintelligible mayor, Jesus Quirk Silva, who changed his vote from the previous meeting to make this absurdity move along. He even made up fake “experts” who supposedly changed his mind.

Anyhow, it seems this newly minted “hotelier” thinks downtown Fullerton is “dilapidated” and needs his special kind of remedy – a boutique hotel for all those fancy swells who haunt DTF’s exclusive nightclubs and other highfalutin venues. The pictures, however, suggest a six story stucco box with some brick veneer stuck on the front to satisfy the locals sensibilities.

Carpenter ants are a nuisance if not properly controlled…

And at this meeting a strange apparition appeared: a bunch of carpenter union goons in jobsite safety vests. Presumably their presence was meant to impress upon the assembled citizenry how necessary such city-supported boondoggles are to their well-being.  It’s become common for this in Anaheim, but this is ridiculous. It wasn’t even a public hearing where such theatrics might persuade the more feeble-minded decision maker.

Apparently, word has not yet got out from City hall about whether this harebrained scheme is going to be subsidized with free or discounted land, but I’d be willing to bet on that. After all, this City is not for sale. If you’re connected with the city council you just step up and take what you want.

City Blows Off Brown Act – Until Caught

The shy City rodent finally emerges from its hole…

Yep, just as we surmised, the City of Fullerton illegally ignored California’s Brown Act – a law made to protect us citizens from our own government. I posted here about the secret agenda item and the lack of reporting out, as required by law.

dick-jones
Staying awake…helpful, but not required.

So a recap: on September 17, 2019, the City Council of Fullerton, hiding behind closed doors, both raised the subject of suing FFFF and Fullerton citizens, and then took action – both without a whisper to the public about what had happened in this filthy little Star Chamber.

Another good month’s billing of the suckers!

How do I know? Because in a Voice of OC story today, our grossly overpaid and incompetent City Attorney, Richard “Dick” Jones, said so. Here’s the proof:

And at this Tuesday’s Council meeting, Dick Jones, head city attorney, disclosed that the Council voted Sept. 17 to sue Ferguson over the documents.

It was the first time the city publicly disclosed the closed session vote, as required by state law, despite the vote happening nearly two months ago.  

“In an effort to clarify any Brown Act violations, the fact that City Council on Sept. 17, 2019, met on a motion made by Mayor (Jesus) Silva and seconded Mr. (Ahmad) Zahra, on a 5-0 vote, the City Council approved the filing of a writ to seek a temporary restraining order against the main defendants,” Jones said. 

I’m a bird, I’m a plane, I’m a lawyer. I’m a lawyer!

So two months after the violation, and with the local and national media getting wind of the unconstitutional lawsuit travesty, our esteemed City Attorney decided he’d better get his client to, you know, follow the law. In this case, the City has felt zero compunction about labeling us as unethical thieves while they themselves are completely incapable of doing anything competently or ethically.

 

 

Transparency 101

As many Friends now know, the City of Fullerton has decided to move on from bullying language to actually sue FFFF. Here’s a summation from The Voice of OC.

Ken Domer
Domer. So much less there than meets the eye.

The City has also posted a ponderous press release on its website, written in the high dudgeon of a bureaucrat whom you suspect already realizes that diverting attention from his own bungling by blaming somebody else, may be harder to pull off than he had hoped. Here’s our $230,000 per year City Manager Ken Domer trying desperately to seize some sort of high moral ground:

“The City was forced into taking legal action to protect the privacy of current and former employees and the public, and to ensure compliance with applicable law to include the California Public Records Act,” stated Fullerton City Manager, Ken Domer. “We are working aggressively on behalf of those affected and took immediate actions to put in place a more secure information technology environment. These actions support our philosophy of transparent access to information while protecting confidential information from the unethical and illegal actions of a few.”

Now I don’t know about you, Friends, but I find the words “unethical” and “illegal” to be pretty funny tumbling out of the mouth of Domer, whose only aim in his short tenure in Fullerton seems to have been to fight a rear-guard action against transparency. Domer’s self-righteous indignation is comical coming from the lackey of serial liars on the City Council – people like Jan Flory who is, and always has been, dangerously allergic to the truth; like Jennifer Fitzgerald who has not yet seen an ethical barrier she couldn’t sidestep; and like Doug “Bud” Chaffee who was complicit in his wife’s phony carpetbagging address and stealing campaign signs she didn’t like.

The budget is balanced and the cops are tip-top. Or else.

We need only reflect on the way the City has bent over backwards to cover-up the scandal of Wild Ride Joe Felz to know that what Domer is peddling about is utter bullshit.

And as further proof (if we needed any), let us pause for a moment to consider the following snippet from Domer’s press release:

Based on evidence uncovered in our internal investigation and direction from the City Council, the City Attorney’s Office has now filed a complaint in Superior Court seeking a temporary restraining order against the involved Blog and its contributors.

Say what? Direction from the City Council? When O’ when did that ever occur? The issue of whether or not to take FFFF to court has never been publicly agendized and never voted on by the City Council. The subject has never been discussed by our marble-mouthed City Attorney, Dick Jones reporting out of Closed Session.

Domer says he has a “philosophy” of transparent access to information. His actions give us a crystal-clear view of what that philosophy really is: stall, hide, deceive, misrepresent, and ass-cover.

 

The High Price of Building Our Future

It may have been expensive, but it sure was unnecessary…

I watched this little gem of a clip from Bill Maher’s cable show last night. Bill rails against the added cost laden on to stuff simply because people can get away with it it.

In particular Maher notes the exorbitant cost of government projects, namely housing for the homeless and infrastructure where the “soft costs” including the inevitable army of “consultants” and lobbyists drives up the cost to absurdly comical levels. For the cost of building an “affordable” housing unit you could easily buy some homeless dude a condominium.

For those of us paying attention in Fullerton we have seen this in spades:

Five million bucks for a couple of traction elevators at the depot. Two million bucks for some crappy, rickety wood stairs at Hillcrest Park. The better part of a million bucks for a decorative bridge over the muddy ditch known as Brea Creek. Etc, etc., etc. The fact that these vanity efforts were totally unnecessary just adds insult to the injurious price tag.

The fact is that government building projects are grossly over-managed. There are architects and engineers galore; there are construction managers; there are general contractor’s project managers and superintendents coming out of the woodwork. And then there are the government’s “project managers” who manage virtually nothing but have blanketed themselves with warm layers of external “expertise” to insulate themselves against the inevitable sideways momentum of their next disaster.

Meanwhile the politicians who are elected to watch out for our interests are too lazy, ignorant, indifferent, or self-interested to give a damn.

 

Homing The Homeless Via The Illuminati

The Voice of OC has a detailed story about how our city council approved giving half a million bucks to something called the Illumination Foundation to acquire and operate a homeless shelter somewhere in Fullerton.

Provide Your Own Caption

As usual Jennifer Fitzgerald and Jan Flory pretended to care about the fact that the public has not been informed of the location of this place even though they know very well where it is. In the end they went along with their brethren Jesus Silva and Ahmad Zahra and voted 4-0 to commit $500,000 to this philanthropic endeavor (their philanthropy, our money). Bruce Whitaker was missing in action.

I really care about you. No, wait. That’s wrong…

Of course Fitzgerald is running for re-election next year in District 1, so we can be certain the proposed property won’t be anywhere near her house, or that of Flory.

T-REX LOVES BUMS

T-REX SO HAPPY. FOOLERTON APPROVE NEW EXPERIMENT FOR PERSONS EXPERIENCING HOMELESSNESS. YOU SLEEP IN CAR AND THE CITY GIVE YOU PRESENTS. T-REX LOVE GIVING PRESENTS TO PERSONS EXPERIENCING HOMELESSNESS.

T-REX HAVE IDEAS FOR WHERE TO PUT PARKING AND GIFT GIVING.

MAYBE RAYTHEON PARKING LOT. YUUUUUGE, NEXT TO JOBS AND TRAILS, NEXT TO NICE HOMES, GREAT PLACE TO PARK AND GIFT. BASTANCHURY PARK RIGHT NEXT DOOR, TOO.

RALPH B CLARK PARK HAVE YUUUUGE PARKING LOTS. LOTS OF DUCKS TO EAT. QUIET, PEACEFUL, BEAUTIFUL PLACE TO PARK AND GIFT.

MAYBE FOOLERTON USE CHURCHES ON EUUUUUUCLID. PERSONS EXPERIENCING HOMELESSNESS GET A LITTLE JESUS BEFORE HITTING THE FULLERTON LOOP.

MAYBE MUCKENTHALER. IS CUTE PARKING, GET SOME CULTURE WITH PARK AND GIFT, NEXT TO ROADS AND BUS LINES. PERFECT PLACE FOR PERSONS EXPERIENCING HOMELESSNESS.

T-REX THINK THAT WHERE EVER FOOLERTON PUT PEOPLE TO PARK AND SLEEP, THEY SHOULD BE CLOSE TO JENNIFER FITZGERALD. SHE SEEM SO EAGER TO AGREE TO IDEA, MAYBE THIS TIME SHE FINALLY PAY FOR ONE OF HER DECISIONS. T-REX THINK IT GREAT SHE VOLUNTEER HER NEIGHBORS FOR EXPERIMENT FOR PERSONS EXPERIENCING HOMELESSNESS.

T-REX SO HAPPY. SO MANY NEW FRIENDS. THANK YOU JENNIFER FITZGERALD. THANK YOU FOR YOUR EXPERIMENT WITH PERSONS EXPERIENCING HOMELESSNESS. WE HOPE YOUR NEIGHBORS HAPPY LIKE T-REX, TOO.