The Hypocrisy Of Fullerton BooHoo

I was watching the League of Women Voter’s candidate forum a few days ago and I couldn’t help but notice how the Fullerton Boohoo darlings, Jan Flory and Vivian Jaramillo, kept attacking the incumbents for their refusal to “listen to the people.” Well, okay politics.

It’s a total waste of money, but it sure is short…

The two examples cited were the idiotic Trail to Nowhere and the equally stupid Walk on Wilshire. Ironically, the former was approved unanimously by the City Council; and Council majorities have kept the latter, the money-losing and annoying “WoW” alive for years.

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

The fact is that both of these wasteful and useless “projects’ were the brain children of bureaucrats in City Hall and became the vanity projects of the egregious Ahmad Zahra and the lamentable Shana Charles who were instrumental in both cases in getting people to show up and harass anybody who might be exercising common sense. And right there to create the news and also report on it were the Kennedy Sisters, Skaskia and Sharon, who saw nothing wrong with trying to intimidate downtown businesses in the case of the moronic Waste on Wilshire.

This sort of “public support” is not organic; it’s artificial, and that’s why it’s commonly referred to as Astroturfing. Hence the irony that the same people who ginned up the “support” are the ones braying to demand that the Fullerton City Council “listen to the people.”

Well, irony isn’t the strong suit of people like Flory and Jaramillo. Neither is honesty. But self-serving sanctimony is.

Let them eat dog!

When the the idea of legalizing marijuana dispensaries in Fullerton came to the City Council in 2019, public speaker after public speaker, in English and Spanish denounced the idea as bad for Fullerton. The percentage must have been 30 to 1 against dispensaries. And where was Jan Flory, defender of the untermenschen? That’s right. She was voting to permit dispensaries in the closing months of 2019 – before the election that would usher in a new, anti-dispensary Council majority.

When the new Council revoked the Flory-Zahra-QuirkSilva dope ordinance and the vast majority again being in favor of disallowing dispensaries, guess who was there. Cannabis Kitty Jaramillo, that’s who, the enthusiastic marijuana advocate who proclaimed dispensaries were “right for Fullerton.”

Amazing how these twin pillars of public advocacy had no such interest in overwhelming public opinion when it came to legalized dope and it didn’t suit their ambitions; a public opinion, by the way, that was not ginned up by City bureaucrats, politicians or brain-dying ideologues, but that represented genuine public sentiment.

More Hypocrisy from Fullerton BooHoo

If you were paying attention in 2022 you may recall that the City of Fullerton went through a redistricting process based on the results of the 2020 Census.

Jan Flory was here…

The legacy of Jan Flory’s “Bar Owner’s Map,” ostensibly created by Douchebag Supreme, Jeremy Popoff in 2016, was fresh in everybody’s mind. Three districts had been gerrymandered with tentacles to reach into downtown Fullerton – in violation of one of the basic tenets of district map making – compaction.

The train of thought was weak but it sure was short…

One consequence of the 2016 map was to give recently elected at-large Jesus Quirk-Silva a shot a running early for the first District 3 race in 2018 against Greg Sebourn, a race that Quirk-Silva won.

Why is this man clapping?

When 2022 rolled around and the Council created a redistricting committee Fullerton’s lefties squealed in displeasure that Sebourn was appointed to it. He’s going to make a district that he can run in, cutting out Quirk-Silva, so they said. How dastardly. Members of the committee must forswear not to run in a district they created, so they said.

Out with the old…

Well, the districts were cleaned up, Quirk-Silva who had been gerrymandered into D3 was removed from it, and Sebourn didn’t run again.

She wants what you have…

But one fact seems to have gone unnoticed by all the self-righteous libs clamoring against the Council, the new map and against Sebourn. And that fact is that current Council candidate, Vivian Jaramillo, the person who sued the City to make a district she could run in, was also on the Redistricting Committee.

Not only did she support new gerrymandered maps that would protect Quirk-Silva, she supported the district she is now running in. How’s that for ironic hypocrisy?

But it’s not surprising. In their sanctimonious world, the boohoos of Fullerton’s left can’t accept the possibility that their own interests and beliefs might be effected by any sort self-serving or let alone bad behavior, which is why no one mentions the unethical and possibly illegal effort by Team Jaramillo to work a phony candidate on the ballot, a sham candidate whose only job is to divert votes from candidate Linda Whitaker.

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 Abdication

Lots of Indians, but no chiefs…

I’ve been watching Fullerton politics and governance for for a long time – since 2008 or 2009, in fact. One thing that has consistently struck me is the way in which Fullerton’s elected officials have completely and almost happily abdicated their responsibility to determine the direction of policy.

It has always been the goal, in principle if not in practice in modern representative democracy, that policy would be established by electeds, and administrated through a protected civil service bureaucracy.

Determining policy – the philosophical direction you want the town to take – isn’t easy in the “City Manager” form of government, a form deliberately created to remove any sort of executive authority from elected representatives. But with that set-up came something else, too: the difficulty of people’s representatives in establishing policy direction, and doing it without violating the Brown Act strictures on open meetings.

Nevertheless, the responsibility is still there, even if it easier to have photo ops, and ribbon cuttings and the like. Sadly our electeds have failed; failed with remarkable banality and complacency. Former Councilman and Fullerton Police Chief Pat McKinley once illustrated the point when challenged for his “failure to lead.” He exclaimed that councilmen weren’t there to lead – that was the City Manager’s job.

Lately the policy role abdication has been seen with the regurgitated, spit out, re-consumed and regurgitated again noise ordinance, an ongoing embarrassment that has plagued honest citizens for over fifteen years. I read the staff report on the recent noise effort, a report that justifies a decision to actually increase acceptable levels, protect offenders by including an ambient noise mask, and locates the noise metering away from the source whence it can be muddled by an equally noisy neighbor.

The staff report is nothing but a list of events that have occurred since 2009 when the City Council last expressed a coherent position. Nowhere in the staff report is there any discussion on the policy decisions behind any of the activities. Why not? Because there weren’t any. In the same way that the incredibly costly, drunken binge known as Downtown Fullerton has escaped any intelligent policy conversation, the noise nuisance issue, a subset of the former, has evaded policy discussion as City staff – behind the scenes – has diligently avoided doing anything to enforce existing code, and worked very hard to reduce the requirements.

So what has happened is a vacuum in which each new action seems disembodied from policy conversation; that’s because it is. And our council steadfastly refused to have an open and honest conversation of what it wants, abdicating its responsibilities.

One size fits all…

There is a long list of issues that our elected representatives should be addressing from an overarching policy level and aren’t. This sort of thing takes thought; and some hard work in ascertaining whether your city employees are really doing the thing you want; or not, as in the case of the Trail to Nowhere. It’s easier just to ram through the Consent Calendar on the nod, rubberstamp the ridiculous, clean your plate like good kids, and move on to the photo ops and the trophy ceremonies.

I Think I’ve Seen This Movie

It’s real expensive, but it sure is short…

When thinking about the Trail to Nowhere it seemed to me that I had seen this same sort of thing before. Then it struck me. Of course.

An expensive and unnecessary project that dragged out for years, and that was supposed to be paid for with other people’s money, “free money” as it is known in City Hall, I recalled.

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

I remembered because I wrote about it, here. The second elevator towers at the Fullerton train station, a project so ridiculously over-engineered, so expensive, so reliant on phony ridership projections and so expensive and mismanaged that it ended up raiding Fullerton’s own Capital Budget to the tune of $600,000. In the end no one knows how much was actually spent on that boondoggle when everything was said and done. But one good thing that came out of it was teaching me to appreciate how things are done in Fullerton, and how there isn’t one cent’s worth of accountability on the part of anybody.

If the Trail to Nowhere actually ever gets built but is way over budget, unused, unmaintained and falls into decrepitude, who will stand up to take responsibility? Not the City Council who approved it without question. Not City staff – the chief architects of this disaster in-waiting are already gone – nor will the City Manager, who will be gone as soon as his pension formula tops him out. None of the people stirred up to insult and harangue the City Council will be in evidence and the proprietors of the Fullerton Observer, if they are still around annoying people, will not be searching for those accountable. No one else will be, either.

Maybe the less said, the better…

Remember the multi-million dollar Poison Park intergenerational fiasco? Has anybody ever taken responsibility for that poster child of bureaucratic incompetence and political indifference? Of course not. That would be a horrible precedent. Fullerton.

Let the Victimhood Begin!

Yes, Friends, it’s that time of year again, when Fullerton’s City Council chooses one of its number to act as Mayor for the upcoming year.

Zahra-Busted
Time to come clean…..

And as predictable as the summer monsoon in Bangladesh, the Fullerton Observer has begun laying the foundation for another wailing session, decrying the mean council trio of Jung, Dunlap and Whitaker for passing over Observer inamorata, Ahmad Zahra, the preening, deceitful, egomaniac councilman from District 5, who has gone well out of his way to alienate the three, any one of whom could get him chosen Mayor.

Here’s the doleful headline:

Will District 5 Get Mayoral Representation at the City Council Meeting on December 5?

It’s sort of fun to read the litany of complaints and grievances that follow, written by somebody called Jack Hutt, whose angry essay is just another attack on Fullerton’s three more or less sensible representatives.

Mr. Hutt starts decrying the fact that a mayoral rotation policy is not being followed. Well, what a shame that is. A council not feeling bound to adhere to a policy it evidently disagrees with.

Hutt does ponder the question of the motives of Jung, Dunlap, and Whitaker, a little:

One has to wonder what happened in closed sessions that made council members Jung, Whitaker, and Dunlap publicly disrespect Zahra. Will the council members ever tell the public the reasons?” 

Good question. And yet poor Hutt doesn’t seem to realize Closed Session deliberations are cloaked in secrecy by law. It doesn’t really matter to Hutt anyhow, because in his very next sentence he telegraphs his intent:

Or is it so petty or phobic that it can not be uttered?” 

Now our offended writer has rolled three insults into one conclusion. The three are either so petty, or gay-hating, that they must cower in fear, terrified to let the public know how low they are.

Later, Hutt rolls out his big gun:

He also survived a vicious negative campaign funded by Tony Bushala.” Whenever the Observer crowd gets agitated enough they relentlessly name the object of their greatest fear and loathing: Tony Bushala. Hutt follows suit, of course, but as usual omits the fact that Zahra’s 2020 campaign was diligently manicured by him and his sycophants to omit facts like his real biography, his servitude to the marijuana dispensary cartel, his constant self promotion, and his arrest record; that the campaign against Zahra was aggressive, but honest every step of the way; that Zahra dished out over $100,000 to keep a Latino candidate from representing a Latino district. Oh, and Zahra was party to the creation of a fake Latino candidate, Tony Castro, to siphon votes away from Oscar Valadez

Comically, Hutt wraps up his essay with a shot at Nick Dunlap’s lack of interest in his job and makes a hopeful pitch for none other than…Jesus Quirk-Silva:

“...Jesus Silva, who was Gerrymandered out of District 3, now lives in District 2, and although this district is marginally Republican, it is competitive, and he would be a formidable candidate.”

The train of thought was weak but it sure was short…

Now, it wouldn’t be an Observer article without repeating an old lie heard over and over and over again. Quirk-Silva was, as we all know, gerrymandered into District 3 which gave him the opportunity for a free run at Greg Sebourn’s job in 2018 when he was still a city-wide councilman. The redistricting map done in 2022 cleaned up the previous nonsense with rational district boundaries that left Quirk-Silva with no district to run in since he was now in District 2 – and we’re all better off for that.

Here’s the truth: it takes three votes to get elected Mayor. End of story. The facts of precisely why the three councilmen don’t trust, don’t like, don’t want to choose Zahra as Mayor are evidently real. And Zahra is probably better off if the real reasons of antipathy toward him don’t come out; and if they were to emerge, I suspect Zahra is counting on the head-in-the-sand obliviousness of his fife and drum corps to ignore any cogent reasons that might be forthcoming. It’s victimhood uber alles.

The Scarcity of Public Information, Part 2

A few weeks ago I published a post detailing how someone had requested on October 12th, through a Public Records Act Request, information on environmental testing along the abandoned Union Pacific right-of-way; and how the City on October 23, in response, replied with six document files they called a “full release” and that had nothing to do with any sort of testing at all.

Well, they’ve done it again.

The trail didn’t go anywhere, but it sure was short…

Also on October 12th, the same person made a related request, specifically asking for a Phase 1 environmental report of the right-of-way. A Phase 1 environmental report surveys a property and its neighbors for historical usage in an attempt to identify potential environmental issues. On October 28th the City responded with the identical unresponsive documents as before, apparently digging a deeper hole for itself.

Whether this is sheer incompetence or just bullheaded arrogance, or a lot of both, remains to be seen.

As before, the proper response is not to share completely irrelevant and non-responsive documents, but, rather to simply state that there are no responsive documents.

The blue square ain’t good. Welcome to Trichlorethylene Alley. Please keep moving…

Why the City refuses to obey the law suggests several things. First, as mentioned above, stupid incompetence and/or arrogance. Or maybe somebody down there thinks they can stonewall a possible, even likely truth – that there never was any environmental testing done along the right-of-way, a path that lies adjacent and likely right on top of toxic contamination and on which the City tried to build a recreation trail for $2,000,000.

The Strange Tale of Johnny Lu’s Grant Deeds

Enhanced with genuine brick veneer!

By now Fullerton City Hall is aware that their partner in a boutique hotel/apartment high-rise on Santa Fe Avenue, TA Westpark LLC, is in trouble. TA Westpark Fullerton., AKA Johnny Lu has defaulted on a massive loan, previously borrowed to complete projects in Irvine.

Why is Johnny smiling?

The fallout from this embarrassment remains unknown, although there are plenty of questions that need to be answered, and sooner rather than later.

One of the questions involves the transfer of the public property ownership at the site to TA Westpark Fullerton, LLC before proper project approval, a desperate, and of course, totally unnecessary act. And the actual documents supporting ownership of the land in question need to be examined, too.

On December 22, 2022 the City sold the land at a huge discount to Lu. Check out the grant deed:

By now Craig Hostert, whose brain-child the boutique hotel was, is scratched out and TA Westpark Fullerton, LLC, a Delaware corporation, is the proud owner of the land and the transfer is signed by a “managing partner” of a whole other entity – “TA Partners.” Looks like Hosteret was bought out or walked away, abandoning his baby.

But, as they say in the infomercial, wait, there’s more. A quick check of the State of Delaware’s corporations roster doesn’t turn up any results for TA Westpark Fullerton, LLC. Hmm.

No responsive records…

And here’s something else. A few months later a new grant deed was promulgated and recorded at the County of Orange. Here, the hard to find Delaware corporation deeds the land in question over to TA Westpark Fullerton, LLC, a California corporation.

Something is odd here, and it’s not just the amateur hour handwritten changes on the original deed. Did the City sell this property to a non-existent corporate entity? If so, hasn’t some sort of fraud occurred? Why the shell game here, and could the original deed be considered invalid in retrospect?

No, I wasn’t asleep. I was praying…

We could ask these question of Dick Jones of the “I Can’t Believe It’s a Law Firm” law firm, because I doubt the City Council will make inquiries of their ace lawyer. Getting an honest answer from ol’ marble mouth? A rare and precious jewel.

Some might think this entire fiasco is going to get worse before it gets better. I’m not sure how that’s possible.

Bungled Boutique Hotel May Be In Big Trouble

Friends probably remember that FFFF has been relentlessly critical of the dubious scheme approved by our City Council to underwrite a downtown boutique hotel and uber-dense apartment project on a parking lot owned by the City and used by Metrolink commuters.

Here’s a reminder: three councilmembers Bruce Whitaker, Shana Charles and Ahmad Zahra voted to sell this property to a developer for a mere $1.4 million (less site material removal) while simultaneously time jacking up the value of the land by approving density 2.5 times the limit specified in the Transportation Center Specific Plan. It was a gift of public funds at least ten million dollars.

Here’s the fun part. The original and completely unqualified baby daddy of the project, Craig Hostert, didn’t have the wherewithal to make the deal. After years of failing to perform on his Exclusive Negotiating Agreement and numerous extensions, Hostert’s West Park Investments, LLC joined its non-existent forces with TA Partners Development of Irvine, Johnny Lu, proprietor.

Mr. Lu, the new face of the project, appeared at council meetings to seal the deal with a ration of gobbledygook bullshit.

Now it appears that Mr. Lu may not have been the best choice of partner according to the Real Deal Real Estate News.

Why is Johnny smiling?

It seems that Johnny has gotten himself in over his head on two projects in Irvine, including second bridge loans that he has now defaulted on. And of course Sunayana Thomas, Fullerton’s crack “business development” director seemingly failed to inform the City Council of Mr. Lu’s impending financial embarrassment, something that should have been revealed in even a cursory perusal of TA Partners’ asset to debt ratio and its balance sheet.

And then, of course there is the problem with the completely incompetent concept of rushing the approval to transfer of title to the land, before the deal had received final approval.

By now the Council has possibly, though not necessarily been informed by the Fullerton City Manager, Eric Leavitt, of the problem, but where does the deal stand? Title to the property has been transferred from the City to and through Lu’s companies*, presumably for the original sale amount. But if TA Partners can’t perform, will the City get its now very valuable property back, or will it be encumbered by bankruptcy receivers? Will the City, in order to save face as it always has, permit Mr. Lu to assign his rights and interests to another party as a face-saving strategy? If that happens, will the original bad idea still go forward, or will the Council approve something even worse as a sop to a new developer so to avoid admitting their horrible mistake in the first place?

You can try asking Whitaker, Charles, or Zahra, the architects of this inexcusable and completely avoidable mess, but don’t hold your breath waiting for a response.

* Topic of future post