Walk On Wilshire Coming Back

Closed but not forgotten…

Next Tuesday our City Council will once again address the issue of Walk on Wilshire, the bureaucrat-driven “pilot program” that closed off the 100 block of West Wilshire Avenue to street traffic so that three restaurants could set up shop in the middle of the street. The issue is whether to approve an extension of the idea. Pretty soon they’re going to drop the word “pilot” altogether, and we’ll know that City Hall has permanently squatted on the street.

As usual, the staff report is so poorly written that it takes some forensic work to figure it out.

Off we go, into the Wild Blue Yonder…

So far the thing has cost ninety grand, but more “enhancements” are projected – another $80,000. Staff says lease revenue for the past 27 months is less than $36,000, but somehow will go up to $40K a year once two more users build their “parklets” – a silly phrase that has currency among urban “planners.” That remains to be seen, but any way you slice it, with ongoing maintenance costs it will be years before the City recoups its outlay – if it ever does. This concept seems to have eluded the crack minds of our “Economic Development” employees, and our City Council that steadfastly spends more to get less back. But that is the constant theme of Downtown Fullerton.

It’s funny how depriving the taxpaying citizens of their right to drive on a public street is seen as a good thing in some circles – cars bad, bad, bad; and the impact on other businesses on Wilshire Avenue isn’t taken into account at all. Some folks seem to think the experience is cosmopolitan, likening it to a veritable Parisian vacation, but failing to note the difference between a sidewalk café and putting tables out in the middle of a road closed for that purpose – something no Parisian citizen would tolerate for a second.

Even though the staff report says it awaits City Council guidance, it is replete with pro-street theft propaganda, including another one of those ginned up polls done by Kosmont whose previous efforts include this hot mess. And it gets even worse.

Staff is requesting an “Asssement” opportunity to locate other places in DTF to recreate the money loser on Wilshire, “vibrancy” sounding ever so much better than bureaucratic busywork and inconvenient street closings.

Well the die is already cast on this one. Zahra and Charles just ooze sanctimonious support for this hare-brained idea; and Bruce Whitaker is all in for it, too, for some nincompoop reason – maybe because his wife likes it. Nick Dunlap recused himself last time and may do so again. Or he may just go along with more staff-driven nonsense. Only Fred Jung seemed really opposed to this scheme, but he’s going to be in the minority.

Fall Elections Draw Few Contestants. So Far.

In five days potential Fullerton City Council candidates for Districts 1,2, and 4 will be able to “pull” nomination papers. I don’t know why the phrase is “pull papers” but that’s what they call it.

At this point you can only tell who’s running by those who have created candidate committees. And that’s a short list, indeed. Committees are listed on the City Clerk’s webpage, here, under disclosures.

Dunlap-Jung
Anyone else?

In Districts 1 and 2 only the incumbents Fred Jung and Nick Dunlap have committees. This is not unusual as incumbents are hard to beat, but usually some brave souls sign up. Of course you don’t need to have a committee unless you plan on raising money above a certain threshold. I believe it’s a thousand bucks, but don’t quote me on that.

She wants what you have.

In District 4 there are two candidate committees on record. As previously noted one is for retired City employee Vivian Kitty Jaramillo who apparently used to write parking tickets back in the day.

Two Whitakers for the price of one…

The other candidate is Linda Whitaker, wife of outgoing councilman Bruce Whitaker. Neither of these candidates has any experience as an elected person, although Jaramillo has run previously and lost badly when council elections were held city-wide. She was subsequently party to a lawsuit to force district elections where she must have figured she has a chance of winning. She’s the Democrat anointed candidate and is supported by the Ahmad Zahra and Shana Charles, our megalomaniacal and dingbat councilpersons, respectively.

Jaramillo would be a very poor choice as a vocal tax proponent and the beneficiary of City CalPERS payments. A win by her would create a new council majority run by the manipulative Zahra. Ms. Whitaker would probably be better on some revenue raising issues, but some have suggested that she is the moving spirit behind her husband’s disastrous votes on closing Wilshire Avenue for the benefit of a few restaurants, and the support of the nonsensical “boutique” hotel. I don’t know if this story is responsible, but the votes are testament to exceedingly poor judgment. She might also be inclined to form a majority with Jung and Dunlap as her husband has done.

It remains to be seen if either Jaramillo or Whitaker intend to run vigorous campaigns and how much money they can raise to do it.

So far nobody else has shown interest publicly – yet. The deadline to return papers to the City Clerk is August 9th – only a month away unless an incumbent pulls out. Then the period is extended 5 calendar days.

It would be nice to see somebody else pop up to run in the 4th District, but time is running out fast.

Foes of Fullerton’s Future Fail

I wasn’t able to watch the Fullerton City Council meeting last night to see If my predictions would take place. But I’ve heard about it. Some did, some didn’t.

If I knew what I was talking about this wouldn’t be Fullerton!

The item for consideration of a plebiscite 13% sales tax increase, placed on the agenda by Ahmad Zahra and Shana Charles, went nowhere as I supposed it would. In the end the staff report was “received and filed,” a polite way of saying sayonara and into the round file with you.

Hey, you down there…

As predicted Zahra and Charles pleaded ardently for putting the tax on the ballot – even cutting the amount and placing some sort of sunset term. No takers.

What didn’t happen was the appearance of Zahra’s Zanies, his coterie of cult followers, to harass and harangue the Council majority. A little gaggle of folks spoke, discussion was held, and then the proposal was sent to the dead letter office. In almost no time the meeting was adjourned and everybody went home very early.

I wonder if Zahra even tried to marshal his forces, or whether he couldn’t muster any support. Why else agendize the issue knowing failure was certain. Maybe just to check the box.

Put your money in the bucket over there!

It could be that Ahmad’s Aimless Army was busy elsewhere, maybe even pursuing recreation on his famous Trail to Nowhere.

I don’t know if District 4 candidate, Vivian Kitty Jaramillo even showed up.

When the video is available I may get details of who said what, but I’m not sure it matters.

The Tax Meeting

There it goes…

The City is meeting tomorrow to to talk about putting a sales tax on the November ballot.

The staff report wrongly states that the City Council requested this item, which is an intentional lie. The matter was placed on the agenda by the minority of Ahmad Zahra and Shana Charles, two individuals I wouldn’t trust to run a lemonade stand.

Show me the money…

These two fought long and hard to discuss the issue on June 4th, even though no public notice of a tax was on the silly revenue-grab agenda.

Tomorrow we will see a small army of Fullerton Boohoos crying out for a 13% sales tax increase on the ballot. Obviously they want to go for a general use tax because that only takes 50%+1 to win, whereas a special use tax requires 66% – an almost impossible hurdle.

But there’s the rub. A general use tax requires a 4/5 council majority to put it on the ballot, and the pro-tax Zahra and Charles don’t seem to be able to manage the simple majority required to put a special use tax on the ballot.

So what’s the point of this charade? We’ve seen this Zahra act before: mobilize his coterie of “underserved” residents to harangue the Council, and thus embarrass Jung, Whitaker and Dunlap.

Put your money in the bucket over there!

But this is not the ludicrous Trail to Nowhere, and bullying won’t work. There’s only one meeting available to get this done, and tomorrow won’t be it.

“Appetisers” for all…

The only question I have is whether District 4 candidate Vivian Kitty Jaramillo will stand up and support the tax.

Boutique Fun and Games With Johnny Lu and Larry Liu

FFFF has already reported on some of the colorful financial background of Johnny Lu of TA Partners, our City’s stand-up partner on the so-called “boutique” hotel project at the railroad tracks. This hot mess even has a name: The Tracks at Fullerton Station. The development has morphed into a monstrous minotaur by adding approval for a massively dense apartment – an amalgamation which gives us a shocking 130 units per acre, overall.

Well, anyway, we previously shared the news that Johnny was in default on massive construction loans he somehow finagled for projects in Irvine a few years ago. The lender on those has foreclosed on those properties.

That can’t be good…

And here’s some even more recent news. It seems that Johnny has waded out into more legal problems over in LA, according to The Real Deal, a real estate news source. Here’s the thrust of the complaint by bamboozled investors on a “project” at Playa Vista:

The investors — who form an entity called RUC14 Playa LLC — sued Lu, Liu and TA Partners, alleging commingling of funds, fraud and misrepresentation, court records show. Attorneys for TA Partners, which have requested for arbitration in the case, did not respond to a request for comment.

Johnny and his partner, Larry Liu, declared their bankruptcy on the Playa Vista project. But let’s give the misunderstood boys a break. A little contrition goes a long way, right? Said Larry:

“We would like to offer our apology for the non-compliance during project execution,” Liu wrote in the letter. “Self-reflection is needed and I would like to apologize.”

Whatever any of this means to “TA Westpark LLC.,” the corporation that was awarded the Fullerton project entitlements (without any competition) remains to be seen. But now Johnny and Larry have equity – and boy have they got equity; see, Councilmembers Zahra, Charles and Whitaker handed them a bonanza – a plot of land available for hundreds of units – for a mere pittance: $1.4 million less associated costs.

Ms. Charles happened to mention at a council item about raising funds for Fullerton’s fiscal disaster, that the boutique hotel plan was moving along. But there was no mention of the fiscal disaster facing Johnny and Larry Enterprises. Does she even know? Does she understand what is happening? Does she care? Probably no on all three.

The plan here is crystal clear. At this point nobody is going to lend Lu and Liu a bent nickle. But these fine fellows will have entitlements worth tens of millions on this project; a project that never should have happened in the first place – an unsolicited proposal by a local guy who had no chance of building a birdhouse.

This project will be reassigned to a third party, someone the City “business development” expert bureaucrats will be sweet-talked into recommending. And then Johnny and Larry will quietly disappear from Fullerton with millions belonging to us.

Fullerton being Fullerton.

Bungling Boutique Boondoggle Blunders

Some folks have been asking about the fate of the idiotic “boutique” hotel project that had morphed into a hideously overbuilt hotel/apartment hippogriff that is twice the allowable density permitted per the City’s own Transportation Center Specific Plan. Of course the project was never contemplated at all in the Specific Plan, so who cares, right? Fullerton being Fullerton.

In an act of utter incompetence the City actually rushed the approval to transfer of title to the land, before the deal had received final approval. Then they gave it away the land for pennies on the dollar.

Friends may recall our last October post in which we discovered that the new “developer,” one Johnny Lu of TA Westpark LLC, was way upside down on loans he had somehow leveraged on apartment blocks in Irvine and was in default.

You may also recall that Lu started shifting the property to different corporations, the first of which, a Delaware corporation, was non-existent. And just for grins, Mr. Lu changed the property description, too, when he later deeded it back to his California Corporation.

Anyhow, it looks like Johnny has finally created and recorded the appropriately named Delaware corporation in March – only two years too late, but, hey, not bad for Fullerton, right?

There has been nothing but radio silence from City Hall as to the status of Mr. Lu and whether he has met any of the stipulated deadlines in the Development and Disposition Agreement, but as we have learned in the case of the Florentine/Marovich sidewalk heist, contractual obligations mean nothing when the “I Can’t Believe It’s a Law Firm” of Jones & Mayer is your City Attorney. Recently, cluelessly verbose Shana Charles indicated that the project was still alive and well. She didn’t mention Mr. Lu’s financial embarrassment, but then nobody else has, either.

And now for some sadly interesting news. It turns out the original Founding Father of the boutique hotel concept, Craig Hostert of West Park Development – the guy who sold the idea to Jennifer Fitzgerald, Jan Flory, Jesus Quirk Silva, Ahmad Zahra, Bruce Whitaker, et. al. – died in late May.

Hostert

Poor guy. He went to his Reward after getting pushed out of his own scheme, and sticking us with the appalling, metastasized mess the concept has predictably morphed into; showing that once again, no bad idea goes unappreciated in downtown Fullerton. Being Fullerton, of course.

Revenue Enhancement Time. Plus Lies and More Lies

Last Tuesday the Fullerton City Council voted 4-1 to approve the ’24-’25 city budget. Whitaker, as usual voted no. The budget projects big deficits as we’ve already heard.

After that the Council was presented with “revenue enhancement” ideas – the same old nonsense that we’ve already talked about, here. At first these ideas were simply floated to make it look like somebody had given some thought to find other ways, however silly, to address the tsunami of red ink; but in reality the point was to push a general sales tax, a movement that had been subtly going on for many months.

However the proposals agendized last Tuesday did not include a sales tax this fall, a sure indicator that the City Manager has polled the Council and knows he doesn’t have the votes to put it on the ballot. But that didn’t stop Councilmembers Charles and Zahra from pitching and pitching and pitching the idea; and finally supporting each other to get the issue of a sales tax on the an agenda, pronto, in time to schedule it for the November election.

But before that happened the public was treated to some of the most blatant and self serving re-writing of Fullerton history I have ever heard.

If I knew what I was talking about this wouldn’t be Fullerton!

Shana Charles started off with long-winded blabbering that was irrelevant, self-contradictory, confusing, and erroneous. Of course – “decimated” staff, the ill-effects of right-sizing,” reduced response times – the usual liberal litany of problems were simply meant as an introduction to the sales tax proposal. Her complaint was that previous councils had made mistakes, not by exercising fiscal restraint, but by “cutting to the bone.”

Charles then lauded the wonderful benefits that the City of Placentia derived from it’s Measure U sales tax that saved it, having declared bankruptcy – a statement completely false. She failed to mention the fact that Placentia has saved millions by getting their “fire fighters” out of the paramedic business, an idea of which her Fullerton fire fighter union pals are terrified.

While patting herself on the back for very recent staff and service level increases, she failed to see the rich irony of her own incompetence on the edge of a precipice: a situation well-understood when she voted for last year’s budget.

More economic development, better wardrobe…

If Charles blathered nonsense, Zahra just lied about Fullerton’s recent fiscal history, most likely because he has been on the City Council for 6 years, and has his greasy fingerprints all over the budgetary disaster.

According to Zahra, our problem reaches back decades and only now is the Council addressing the problem. Of course our City Councils have made bad decisions over the years, but the current disaster is of very recent vintage and has also occurred while he has been on the City Council.

For several years in the mid and late teens Fullerton was dipping into reserve funds to pay the freight, even as Zahra’s allies Jan Flory and Jennifer Fitzgerald and Jesus Quirk- Silva were lying to the public about the budget being balanced. It wasn’t. In fact the City continued in its cavalier way until Fred Jung and Nick Dunlap joined Bruce Whitaker on the council in 2020.

Measure S Covid Lie
Let me count the ways…

Zahra related how he, as a precinct-walking candidate, noted how people wanted better roads and how his predecessors had promised them, too, but that they failed. He didn’t note the fact that Fullerton’s public safety employees were hogging up bigger and bigger shares of the budget – as they still do.

The subject of Zahra’s failed 2020 Measure S sales tax came up, a sore subject, apparently, since his underserved constituents in D5 voted for it. So let us not stop from revisiting it, and right now! Charles chimed in that well she people she spoke to voted against it because there was no sunset provision, and, get this – because there was no oversight committee!

As an aside, I have to share that Zahra made an hilarious little speech about he could not support an infrastructure improvement bond because voting for municipal debt would keep him awake at night!

It’s not rocket science…

Bruce Whitaker made just about the only insightful comment of the discussion, namely: that cities can control costs but they can’t control revenue, an observation that flies in the face of the revenue enhancement propaganda, but that is perfectly true. As has been stated here before: nobody even knows if an Economic Development Manager even pays for himself in terms of incremental tax increase.

I will wrap this up by acknowledging a Zoom caller who actually did make a good revenue enhancing and who identified a huge fiscal problem: downtown Fullerton, the annual sinkhole that makes millions for the scofflaw club owners and that leaves the taxpayers with a $1,500,000 bill. He suggested a special assessment on these eager party entrepreneurs to pay for the havoc their booze and their customers cause. Not surprisingly, none of the council members even mentioned the problem. They never do.

The Fiscal Cliff

The Fullerton City Council is holding a special meeting tonight – a 2024-25 Budget “workshop.” No work will get done but there will be shopping going on as staff begins its formal press to raise a sales tax.

There is a lot of self-serving verbiage about how well our City staff has performed its tasks up ’til now, but then the hard reality hits because budget numbers can’t pat themselves on the back.

There are some harrowing numbers in the proposed budget – including a $9,400,000 draw-down from strategic reserves. This means of course, that the budget is no where near balanced as City Hall apologists like Jennifer Fitzgerald and Jan Flory claimed when they ran the place into the red almost every year.

M. Eric Levitt. Will he save us from ourselves?

Let’s let our City Manager, Eric Levitt tell the tale:

Financial Stability. The City has been able to over the last two years (for the first time in recent history of the City) to reach and maintain a 17% contingency reserve level. This budget maintains that reserve level; however due to an operating deficit, we will be utilizing one-time excess reserves this year and coming close to that 17% level in FY 2024-25 and below that in years beyond next year

Read. Weep.

The overall picture gets even worse as the levels of reserves slowly dwindle away. After this year Fullerton continues to be upside from $7.5 to $8.8 million each year until the end of the dismal decade. We are not favored with the running reserve funds balances.

Infrastructure is supposedly a big deal. Which reminds me of a quotation attributed to Mark Twain: Everybody talks about the weather but nobody does anything about it. But this year we are told, we can push get going on our deteriorating infrastructure along by borrowing! Once again let’s heed the words of Mr. Levitt:

I have also put together a strategy to increase that funding level to closer to $14 million over the next four years through the use of financing. However, there are both upsides and downsides to this approach which will be discussed with you in more detail at today’s presentation.

Now this should be a red flag: borrowing to perform maintenance, a basic accounting no-no. And what form will the borrowing take? Not a municipal bond, you can be sure, It would likely be by selling certificates of participation or some other dodge to avoid municipal debt restrictions. Here’s the table that shows our Maintenance of Effort (MOE) shortfall without financing.

Now we all know that interest payments are made by somebody, somewhere, and that somebody is you and me. We get to pay the interest on debt incurred by years of municipal mismanagement by people like Joe Felz and Ken Domer and Jeff Collier who get to sail off to a glorious and massively pensioned retirement at 55 years of age.

And finally, to circle back to the story lead, here’s a distasteful nugget carefully slipped into the City Manager’s report:

“Staff recommends City Council review options over the next year to stabilize the budget and ensure the City remains financially sound.

Jesus H. There it is. Not quite explicitly stated, but we know very well where this is going. Another general sales tax effort, just like the ill-fated Measure S of four years ago. The seeds for this have already been planted, of course, in a nasty little taxpayer-funded fishing expedition in the guise of a community survey. Last November I regaled the Friends with this slimy maneuver, here.

How did things get so bad?

By the way, this is exactly the same process City Hall rolled out four years ago. And we will be told By Ahmad Zahra, Shana Charles and Vivian Jaramillo that if we don’t pony up we will be morally deficient.

Well, good luck Friends. This is going to be a long year and you can bet the farm that we will be asked to pick up the check – again.

The Militarization of Fullerton’s Cops

No more blood on Fullerton’s streets,” went the chant of a handful of protesters after the vote on last Tuesday’s Council Agenda Item 4. These folks were upset that the item, which was a statutory requirement that the City police department list its “military” hardware, on going running costs, and reaffirming policy to the use thereof, was passed on a 3-0 vote.

But you’re looking good, baby, I believe you’re feeling fine…

The protesters, such as they were. seemed agitated that the cops have these toys to begin with – surplus military equipment, some of it, and other weaponry that were included by the Legislature under the rubric “military.” And that’s okay. Ever since the war on terror began two decades ago, our military-industrial complex has been churning out hardware to attack, assault, disarm, kill, maim anybody that cause or accident put in the way of our military. So a lot of it, used or unused, has become surplus, and was bound to find its way into the hands of American police departments. That’s not okay.

Da! Is good…

Having the equipment – from projectile launchers to high caliber guns and assault rifles – has helped reinforce the notion of our own police as an occupying force, and is about the last mentality you want your cops to have, and leaves citizens feeling like maybe something sinister is at work. I get that.

The apologists for this item were quick to point out that the list of equipment – some of it very expensive to maintain – was for stuff the City already has, and wasn’t a shopping list, as they supposed the public speakers believed. Councilmembers Whitaker, Charles, and Zahra were happy to explain this, and reiterated the pro forma nature of the list and the policy statement. They seemed really averse to discussing the item at all, which is understandable for a politician in Fullerton; you don’t get ahead denying police their armored vehicles and, riot gear, and SWAT paraphernalia.

And so the the second issue that should have been discussed never happened at all.

Do we trust our police department to deploy their military equipment competently?

A few weeks back, as Friends may recall, FPD cops killed an evidently distressed man in front of the McDonald’s on Brookhurst St. by blasting him in the chest with multiple “less lethal” projectiles – a distinction without a difference to the dead man.

Then there was the case of Hector Hernandez who was blown away on his own property defending himself against a police dog let loose by Jonathon Ferrell – who is still on the payroll. That settlement cost $8.5 million.

I could go on and report the FPDs long history of physically abusing the citizenry – people like Veth Mam and Edward Quinonez, but really, why bother? Would you want an AK 47 or an assault vehicle in the hands of Manual Ramos, Jay Cicinelli, or Joe Wolfe? What about Christopher Wren, or Jeff Corbett, or Sonny Siliceo, just to name only a small handful of FPD’s “bad apples?”

And finally, there is this harrowing tale from 2011, when the FPD SWAT gang invaded the wrong damn house!

And just as importantly, who is going guarantee the proper training for this gear? Accountability has never been a strong suit of Fullerton’s governing personnel.

This is all certainly food for cogitation. But Fullerton, being Fullerton, nobody is going to do it, at least not anybody in authority.

Whitaker for City Council

Yes, Friends, you read that correctly.

Bruce Whitaker is serving his final term this year representing Fullerton’s Fourth District, and apparently his wife, Linda Whitaker, has decided to carry on the family tradition.

Here’s her recipient committee listing on the California Secretary of State’s website:

Mrs. Whitaker has been around politics alongside her husband in Fullerton and the County for 30 years, and so has institutional knowledge of how things go (or don’t go, as the case may be), and would be bound not to take staff bullshit at face value. The extent to which she shares her husband’s political philosophy remains to be seen, but I’m sure we could expect a conservative, anti-tax mindset.

Two Whitakers…

She has the Whitaker name going for her. Bruce Whitaker has been on the Council for almost 14 years and won the inaugural Fourth District election in 2020. In politics, name recognition is a big deal. Just as importantly, she will have access to County Republican resources to help her, directly; or, just as likely, in the form of independent political action committees.

Bad news comes in threes…

This bad news for Vivian “Kitty” Jaramillo, the choice of the Democrat officialdom in the Fourth District, and someone who has allegedly accused Linda Whitaker’s husband of racism. If she had been thinking about an easy path to victory, she’ll have to think again.

I wouldn’t be the least bit surprised if the OC Democrats try the same ploy they rolled out in District 5 in 2022; namely, creating a fake candidate to draw votes away from Mrs. Whitaker. On the other hand, this is a heavily Latino district and a Latino candidate or two would certainly have the same effect on Jaramillo.