Friends For Fullerton's Future
FFFF supports causes that promote intelligent, responsible and accountable government in Fullerton and Orange County
All of the hyperbole and blustering bullshit aside, here’s the real story on how this case started and why it took as long as it did to make it to settlement.
Despite Jesus Silva, Ahmad Zahra & Kim Barlow’s rhetoric the truth is laid bare in video form.
Now that the City of Fullerton’s retaliatory lawsuit against FFFF bloggers Joshua Ferguson and David Curlee has finally done its inevitable Zeppelin Hindenburg act, some folks who promoted and nurtured the despicable assault on freedom are already trying to rewrite their participation.
Kimberly Barlow, Esquiress of the lamentable law firm of Jones, Mayer and Gecko is saying she’s just “happy the City got its documents back” another disingenuous swipe at Ferguson and Curlee who never deprived Barlow of anything; her “happiness” is costing us $750,000, at least , but she forgot to tell the reporter this inconvenient fact.
Ahmad Zahra the hapless, preening poseur, and insufferable boohoo gasbag is now claiming that he was a “fan” of settling this lawsuit, a statement completely unsupported by any fact as the City continued its legal harassment of FFFF.
Then there’s Sharon Kennedy, the (former, supposedly) proprietor of the Fullerton Observer. In a comment string at their blog, Kennedy is now denying her involvement defaming our bloggers and pretending that her involvement was strictly objective. Unfortunately for her, the facts suggesst a slimy collaboration with the City and Jones, Mayer and Gecko. Her “expert” who claimed that she hired him, produced an opinion that was a joint statement to the Observer and an official Declaration to the Court in the case. How that happened and who, if anybody remunerated this self-styled expert is unknown – so far, but it looks suspicious as all Hell. Commenters are questioning Kennedy, but she isn’t answering. And naturally, the expert conveniently backed up the long-since debunked statement of the City’s own “expert.”
Kennedy can claim innocence all she wants, but her track record of venom toward this blog and really toward anybody else whose honesty threatens the well-being of government employees is well-known, and the malice might be pretty easy to prove in court if anybody cared to hold her accountable.
Well, the rats can scurry off the SS Jones, Mayer and Gecko as quick as their little legs will hurry them along. But the facts are incontrovertible and somebody, and soon, is going to have to pay the proverbial piper – just like the taxpayers are going to have to pay for the horrible and intentional malice of City Hall and its lawyers.
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.
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.
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.
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.
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.
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?
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.
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.
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.
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.
And when you think about it, the only real question is why it took so long.
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.
Well, no Friends, not Mars. But in Fullerton.
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.
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.
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.
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
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.
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.
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.
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.
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.”
Hmm. Former Fullerton Councilcreature for Hire, Jennifer Fitzgerald, may be getting out of Dodge. Word out and about is that Jennifer Fitzgerald wants to move. Out of Fullerton? I don’t know.
I’m sure not complaining about it, I’m hardly even wondering why.
During Jen’s 8-year career driving Fullerton to the precipice of insolvency and immanent infrastructure collapse, she made it pretty clear that she was in it for whatever she could get out of it for herself, her campaign supporters and her boss, lobbyist Curt Pringle. Her last, desperate flail at influence peddling occurred in last fall’s election when her puppet candidate, Andrew Cho, dredged from the obscure depths of anonymity, was defeated by Fred Jung,
Now there are only two candidates willing to be “influenced” Fitzgerald: Jesus Quirk Silva and Ahmad Zahra. And the latter may soon have his legal troubles advertised for his constituents to peruse.
So maybe Fitzy figures it’s time to abandon the smoking wreckage she masterminded courtesy of two utterly incompetent but willing co-conspirators – Joe Felz and Ken Domer.
Maybe she figures her work here is done.
Or so we are led to believe. But our public employees come first, of course.
At last night’s council meeting the discussion rolled around to what to do with $34,000.000 that will be coming Fullerton’s way courtesy of the federal governments latest orgy of largesse. Fred Jung opened the discussion with an emphasis that the City’s massive infrastructure debt be addressed. That sentiment was echoed by Councilman Dunlap and Mayor Whitaker.
Then the predictable began.
Ahmad Zahra cautioned that there might be restrictions on the money of which we are unaware and not to “count our eggs.” Of course this is code for: protect our employees.
At the 5 hour and 20 minute mark, Jesus Silva raised the topic of making our employees whole for their wonderful pay reduction sacrifices during the pandemic; City Manager Domer, reminded the council that the various bargaining units had taken pay cuts with the understanding that they would be reimbursed when new revenue was discovered (Measure S passage, no doubt, or failing that more fed bailout).
https://fullerton.granicus.com/player/clip/1265?view_id=2&redirect=true
And that’s where the discussion wandered off into bureaucratic miasma with nothing resolved and no policy established. Once again the proverbial can was kicked down the road for another day.
Yet one thing is crystal clear. A public that has suffered itself tremendously over the past year, financially, psychologically, and personally is very likely to be on the hook to recompense public employees whose incomes, jobs, health insurance, and overall well-being was guaranteed (by us) throughout.
And that’s just the way it is.