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 couldn’t 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.

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.

 

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.

 

Florentine Forgery/Fraud Case To Go to DA?

The family goes way back…

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.

Domer-Decorations
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?

dick-jones
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.