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.
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.
From 2000 and 2010. The idea may have been bad, but it sure was old.
You have to hand it to government bureaucracies. They never give up on stupid ideas. But why should they? With all the time in world, huge amounts of money given to them by others, and with zero accountability, what is there for them to lose?
Specifically, I am talking about an item on the May 4th Agenda, dutifully approved by the City Council, to take $1.8 million in State grant money and $330,000 in Fullerton park money to design and build what they are pleased to call The Union Pacific Trail, Phase II.
Of course we all know that Phase I was a total waste of money – a weird “equestrian trail” (complete with pony railing) that has never seen a horse, that was attached to the poisoned and fenced off UP Park that dies a merciful death at Highland Avenue.
Hugo and Alice. One down, one to go…
Our crack Deputy Parks Director, some person named Alice Loya pitched the item to a less than bedazzled Council, making sure to point out that the area was disadvantaged, an irony certainly lost on City bureaucrats whose job it has been to un-disadvantage this neighborhood over the past 50 years.
Let me share a paragraph from the staff report, that, as usual, is so full of lies to rationalize the scheme that one wonders if the City staff would ever pursue this nonsense if they had to use City funds to pay for it:
The proposed project will transform an existing 50 to 80 foot wide, blighted corridor into a greenbelt trail providing alternate transportation, linking the Transportation Center and several parks, including Independence Park at its terminus. This proposed trail aligns with the Hunt Branch Library to the west, providing potential future linkages. The total cost of the project is estimated at $2.1 million.
Hmm.
Lie Number One: Alternative transportation? What the Hell does that even mean? Walking?
Lie Number Two: the trail would not link anything to the Transportation Center since it would terminate at a narrow sidewalk behind the Ice House that includes a 90 degree turn. And of course just a week ago, or so, our very same staff tried to sneak through an idiot scheme to cut off the UP right-of-way completely with their private event center on the Poisoned Park site.
Lie Number Three: the proposed extension does not link “several” parks. It would indeed terminate at the Independence Park parking lot but the only other “park” it would touch is the fenced off Poisoned Park that nobody even wants.
Almost as good as a lie Number Four: the proposed trail would be virtually impossible to link to the “aligned” Hunt Branch Library, nearly a mile away, because gosh darn it, the rail siding is still being used by…the railroad. But what the Hell let’s throw out the chimera of “connectivity” to fool the dopes on the City Council, right? It’s always worked just fine in the past.
Almost as good as a lie Number Five: when has the City ever built anything on time and on budget? That proposed cost would sky rocket, of course, as Fullerton’s army of staff, consultants, and design professionals hump the “greenbelt” into submission. Remember the wooden steps at Hillcrest Park and the elevator-from-Hell at the Depot?
Maybe it looks better when the sun goes down…
But what wasn’t said was much more important than the propaganda ink spilled to promote this idiocy:nobody will use this “trail” since it passes through sketchy industrial zoned property, completely empty at night, and would remain, just like it is now, an attractive nuisance that the taxpayers will be on the hook to maintain out of the General Fund.
Can these two help bring some accountability to Fullerton?
On the bright side, members of the new Council commonsense majority pointed out that Staff was already devising a top-secret Specific Plan for the area, and gee, wouldn’t it make sense not to piecemeal things like Planning Director Matt Foulkes tried to do on the ill-fated aquaponic farm/event center? They did treat the item as still very provisional, but FFFF knows better – we know that government money once available, will be spent, most likely on something nobody outside City Hall wants.
Why is this man smiling?
Naturally, Councilman-in-search-of-camera-opportunity, Ahmad Zahra scrounged up some of his usual misguided acolytes to beat the drum for this utter waste of $2.1 million bucks. After all, this project would be mostly paid for with “free money” of the sort “progressives” love to accept, then waste. We need look no further than the $1,000000 Core and Corridors Specific Plan, paid for by the State Sustainability Commission, that was quietly abandoned, never to see the light of day. And ironically, the old UP Right of Way passes right through the middle of two of the C&C Specific Plan Areas, suggesting to me, at lest, that the City is not, and never has been interested in the well-being of the part of Fullerton accept as something to play with.
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.
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.
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.
An institution, namely our City Council, that has been moribund/and, or corrupt and cowardly for at least 40 years has finally sprouted a few darling buds, raising hopes that our future is no longer simply a matter of waiting for mental and moral entropy to render our city into a puddle of putrification.
Well, what happened? you ask. Last night the City Council pronounced a loud no to bureaucracy- driven nonsense. Let me explain.
What’ll it be? Fish or fowl?
Yesterday evening the Council took up the matter, again, of extending an “Exclusive Negotiating Agreement” or ENR, with some guy who wanted to put a non-profit aquaponic farm on the site of our embarrassingly fenced off Union Pacific Park on Truslow Avenue. The biggest trouble (among many) was that this type of venture is thoroughly dependent upon the financial kindness of strangers and can’t possibly sustain itself.
Matt Foulkes. The downward spiral wasn’t complete, after all…
No problem there! said our Planning Director and incoherent word salad shooter, Matt Foulkes. The aquaponic farm shall be surrounded by a fence and a hedge, and a private event center to pay for it all! In true staff fashion a last minute “letter of intent” from an event coordinator was offered up yesterday afternoon to show the marvelous potential of converting a park into a private facility – open now and then to the public – at the convenience of the operator.
Why is this man smiling?
Councilman Ahmad Zahra was in fine fettle – drumming up a handful of forlornly ignorant boosters; and his hapless colleague Jesus Silva stammered and stuttered support for this nonsense as well as his limited ability permits. He moved for an extension of the agreement
The train of thought was weak but it sure was short…
But then the fun started: several speakers pointed out both the idiocy of making a deal with a single, impecunious guy. Other pointed out the hypocrisy and nonsense of permitting an event facility that has no parking.
Bruce Whitaker
Mayor Bruce Whitaker cogently and patiently explained his rationale for offering a substitute motion to end the deal then and there: the park is part of a much larger Specific Plan area being developed (behind closed doors) and it made no sense to pursue piecemeal development with a single individual on the 1.7 acre site.
Can these two help bring some accountability to Fullerton?
Councilman Nick Dunlap echoed that idea and observed, kindly, that the aquaponic guy already had 18 months to work something out with nothing to show for it. Like Whitaker he suggested an RFP process to determine ideas for the site.
Finally Councilman Fred Jung unloaded on the hot mess, decrying the City’s inability to address the park over the years and the arrogance of city staff thinking it could determine what was best for “the community.”
In the end Whitaker’s substitute motion carried the day 3-2 with Zahra and Silva trying desperately to defend the honor, competence and integrity of a planning staff that hasn’t got any of those qualities.
Many people tend to dismiss the visionary dreams of large, regional government consortiums as either too impractical, too complicated or too abstruse to either worry about or even pay much attention to. Those people are wrong.
As we have seen, these agencies have long tentacles and provide funding, or pass through funding, to promote the Big Plans they have for us. And that money goes to pay people we wouldn’t give a dime. Worse, their housing needs projections are so wildly unrealistic that if implemented would destroy the suburban fabric of towns across Southern California.
Fullerton’s Future?
Which brings us back to Elizabeth Hansberg, whose brainchild, People For Housing, sends folks around to local planning commissions and councils to promote high-density housing projects that promise no concomitant benefits to the communities in which they are crammed. And as we have seen Hansberg’s “non-profit” has received somewhere between $50,000 and $100,000 from SCAG to promote its agenda of a high density housing jamboree – based on a claim that says we need another 13,000 housing units in Fullerton.
The problem is that Hansberg is on our Planning Commission. The Chair, in fact. The bias, if not outright conflict of interest toward high density housing is cemented by her pecuniary reliance on SCAG. And thus planning in Fullerton is compromised. Think I’m exaggerating? Think again.
Hansberg was selected by our staff to be part of a collection of high-density housing enthusiasts who amusingly called themselves “Project Champions” and have participated in an idiot document called the Fullerton Housing Game Plan. And within this document is concrete evidence of what these people want to do in Fullerton. It’s called the Rail District.
Now this idea is not new. Apparently our crack staff have stolen both the boundaries and even the name from local business guy Tony Bushala who’s been trying to promote a sustainable, mixed use plan for his vision of the Fullerton Rail District. But no. The SCAG-Hansberg plan is all about high-density housing, not livability or sustainability.
Half a mile of high-density housing courtesy of SCAG
And here’s the proof: a plan drawing from this hitherto secret draft Specific Plan, already developed without even being shared with property owners in the area or even members of the City Council. And guess what? The Specific Plan is being paid for by SCAG. And SCAG is also paying to develop a plan to change the Poison Park within the site to an aquaponic farm, ditching the promised park and tying up valuable land in the process. And finally, SCAG grant money is also being eyed by the City bureaucrats to plan a half mile trail along the abandoned Union Pacific right-of-way, an idea so stupid that not even Ken Domer’s predecessors tried it.
It’s very clear that the giant thumbprint of SCAG is placed squarely on these hairbrained and even dangerous ideas. And with the enthusiastic support of their local auxiliaries like Elizabeth Hansberg, they are well on the way to entangling Fullerton in “plans” that will finish off our crumbling infrastructure and add 100,000 new traffic trips to our streets everyday.
So far, Dear Friends, I have first introduced you to the Chair of Fullerton’s Planning Commission, Elizabeth Hansberg. And then I noted the alignment the interests of her “non-profit” – People for Housing – with the interests of the utterly opaque government cartel known as SCAG – the Southern California Association of Governments.
Read. Weep.
We have seen that SCAG’s ridiculous housing quotas as applied to Fullerton, amount to over 13,000 new units, a number cooked up in their latest Regional Housing Needs Assessment, or RHNA.
“Well, okay, Joe,” you may be saying. “Just a coincidence.”
Not quite. While some justifiably cynical folks have wondered whether Hansberg is shaking down developers by promising fake grassroots support for over-built housing projects, one thing is clear: she gets money from SCAG to help them pursue their grotesque housing schemes that promise to destroy cities and towns through Southern California.
But they did such a nice job at the Platinum Triangle!
Here’s a SCAG press release announcing grants of $50,000 to $100,000 to various groups who will help them promote their utopian view of a massive apartment block on every corner. And here’s the part that mentions the grant award to Hansberg’s creation:
“People for Housing Orange County. Scope: Empower grassroots activists to advocate for fair and feasible Housing Elements in the five OC cities with the highest potential for economic integration (Brea, Buena Park, Fullerton, La Habra and Placentia).”
Don’t be fooled by the high-minded rhetoric. We’ve already seen that “grassroots” activity has nothing to do with this operation. It’s really all about drumming up public speakers to go to planning commissions and city councils – including Fullerton’s – to try to hustle up approvals. And the concepts of fairness and feasibility have very little to do with the grim reality: in SCAGs “expert” opinion Fullerton needs another 30 or 40 thousand people crammed into massive apartment blocks, by-right apartment units in R-1 zoned neighborhoods, and any other upzoning that suits their end.
I think the idea that Elizabeth Hansberg may actually be lobbied at a Commission hearing by public speakers she is using public resources to gin up in the first place would be pretty damn funny if it weren’t so appalling. Her appointment to the Planning Commission was a mistake to begin with. And now we see how high the stakes for Fullerton’s future really are.
You are excused for not knowing a goddamn thing about SCAG – the Southern California Association of Governments. There’s a good reason for this. SCAG operates as a completely opaque government entity; it is run by public employees, for public employees with no accountability to anybody. Its reason for existence is to promote whatever the latest liberal idea de jour happens to be.
And right now, the idea de jour is housing units. Lots and lots of housing units. In fact, in SCAG’s humble opinion…er…a, I mean expert opinion, Fullerton needs 13,000 new housing units, a notion, if executed would complete the destruction of our already overburdened infrastructure and increase our current population by 33%.
The “official” leadership of SCAG is a consortium of local elected folks you wouldn’t trust to mow your lawn. The bald fact than nobody is actually elected to be on SCAG by voters is telling. The whole thing is run by public employees acting as policy makers; the puppets on the SCAG board and the general assembly are just small-time political wannabes trying to look important. Then there are the lobbyists who view the voting members in the way a hyena looks at a wildebeest carcass.
“Well, okay, Joe,” I can hear you saying. “So what?”
But they did such a nice job at the Platinum Triangle!
Here’s what: SCAG creates what is known as Regional Housing Needs Assessment (RHNA) concocted by who knows who, and that assumes the temerity to tell cities how they are deficient in their provision of housing for po’ folks.
“Well, okay, Joe,” I can hear you saying. “So what?”
Here’s what: the State of California Housing and Development Department, another bureaucratic godzilla, is becoming militant in making cities comply with some sort of plan to accommodate these idiot quotas – or else.
Fullerton’s Future?
And although the circle hasn’t yet closed, the arc is extending: there are special-interest groups, allied with developers who are mining the opportunity to exploit the bureaucratic trend for fun and profit. The consequence that matter to you and me don’t concern them in the least.
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?
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.”
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.
