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

Part II: Is the “Trail to Nowhere” Poisoned?

It could be. Last post I described how the the UP Park was contaminated and shut down for remediation just after $2 million were sunk into building a park. Nobody in the City bothered to do an Environmental Analysis.

I asked, rhetorically, whether the rest of the long UP right-of-way had been subsequently tested for toxins in light of the fact that trichloroethylene (TCE) had been detected on the property at 311 South Highland Avenue, a property adjacent to the proposed Trail to Nowhere. It seems that some years ago the Hughes Corporation used the solvent to clean up the circuit boards they made at this location, and the EPA still regards it as an active site.

A trail runs through it…

A little digging uncovered the fact that ground zero seems to be the west end of the property where testing has been periodically done in the area of a likely dump site for the nasty TCE toxin. Apparently there are several monitoring wells located in the yellow areas circled in red in the image below.

Please note the proximity to the Trail to Nowhere of the wells in the lower left. 15 feet? 10 feet? 5ft? Surely somebody in the Parks or Engineering Departments gave thought to this when the Trail to Nowhere concept was developed; when the grant application was made; even when the proposed project budget was laid out. No? If not, why not? How could they not have known? The EPA has recognized this as a site of TCE ground water contamination where a toxic plume is heading southward – under the proposed trail.

At this point questions are starting to pile up. Questions that may have uncomfortable answers.

We are fortunate that Messrs. Dunlap, Jung and Whitaker have put the kibosh on the silly and wasteful Trail to Nowhere proposal for other common sensical reasons. And yet there remains the problem about lack of disclosure to our elected officials in their decision making process, and perhaps even in the grant application itself.

The Mantra of Economic Development

No news is good news…

A Friend just forwarded an article in the Yellowing Fullerton Observer about the City’s latest foray into something called economic development – an effort to create more tax revenue, somewhere, somehow, sometime. The good folk in City Hall are alarmed at the looming budget deficit they forecast in the next few years. And they know full well that another attempt at a sales tax like the ill-fated Measure S promoted by Ahmad Zahra and Jesus Quirk-Silva would be a shaky proposition.

According to the Observer the City hired an entity called Kosmont Companies to assay Fullerton’s future and determine where tax generating opportunities may lay. At the June 20th meeting of the City Council a report by Kosmont was submitted for general perusal.

Exhausting all options…

I note that Kosmont Companies is an operation whose sole raison d’etre these days is to work for Redevelopment Successor agencies and municipalities trying to gin up revenue to support the bureaucratic establishment. According to the staff report Kosmont was employed by “the City” in February 2023; since no agenda report exists for this contract, it must have been executed out of the public eye by our esteemed City Manager, Eric Levitt. I’ll address the report itself and the Council’s reaction in another post.

I often wonder why anybody thinks local government have any business promoting these types of endeavors. Government employees know little about business operations, nothing about the concept enterprise; they know defined benefit pensions, their union agreements and petty, make-work bureaucratic stuff. These same chuckleheads just up-zoned and entitled a massive apartment project on land they sold to the developer for 10% of its new value. As far as the unknown amount paid to the “consultant” I wonder if even that expense will be recouped by their own work product.

Just as bad, the economic development concept is created and run, for and by, the same people who stand to benefit from it – it it were to even work at all. And of course there is never any accountability for public resources expended in the pursuit of this talisman.

A Massive Gift of Public Money

In December, as the Friends will remember, the City of Fullerton sold a public parking lot to a so-called developer for $1,400,000. The “developer” had the task of building a boutique hotel and an apartment block. FFFF has already documented the ridiculous density the City has bestowed upon the project. So let’s revisit the topic of land value, a calculation based on the number of residential units a developer can cram onto a parcel of land.

Look, it even has the café the bureaucrats demanded!

In this case we know precisely how many units are proposed because the development agreement tells us. There are going to be 141 apartment units and 118 hotel rooms – rooms that will undoubtedly be converted to low income housing when the hotel concept fails. Dividing 259 units by $1.4 million gives us $5400 per “door” as they say in the biz.

Does that number seem low? I didn’t really know, so I contacted some pros at Land Advisors who informed me that a more typical number is in the range of $60,000 to $65,000 per unit in these parts, which produces a land value of about $15.5 million and above.

So the “economic development” geniuses in City Hall got the City Council to agree to a massive reduction in value for the sale of the land, a reduction that could be in the neighborhood of $14,000,000.

Now we all know that government and its agents shield themselves (or try very hard to) from accountability for this type of incredible giveaway. It’s not a crime to be stupid, and so there the issue of legal malfeasance can be fuzzy without proof of corruption. But here there is the issue of misfeasance that in this case justifies the initiation of a recall of the elected representatives who voted for this evident gift of public funds.

Mother’s milk…

And those three representatives are Ahmad Zahra, Shana Charles and Bruce Whitaker.

Now, undoubtedly, these three politicos would argue that they had great reasons for “subsidizing” this boondoggle, and that those excellent reasons are well-worth the $14,000,000 they happily pitched at the developer, an individual, we must remember, who brought this unsolicited proposal to the City. But the City, remember, never did its due diligence by opening up this concept (or any other) for a submission of qualifications by those who might have been interested. No. Not even after several years had gone by and the proposer had been granted several extensions of a Exclusive Negotiating Agreement and the proposal kept metastasizing.

Are a “boutique” hotel at the train tracks and yet another overbearing apartment block so important that they justify the $14,000,000 giveaway? Well, I would challenge Charles, Whitaker and Zahra to prove it to voters in their districts.

The 2022 Emily Roe Voters Guide!

With ballots being mailed out in next week, it is time for my Fullerton 2022 Emily Roe Voter Guide.

With two districts and six candidates, the choices Fullerton voters will make in November can enhance government accountability and fiscal responsibility.

DISTRICT 3

Shana Charles

An associate professor in the public health department at Cal State Fullerton, Shana Charles has never served on a City of Fullerton commission or committee. As an associate professor in public health, Charles has little to no qualifications to serve on City Council as far as we can tell. Why are you not running for Fullerton School District Board Shana? You seem way more qualified for that than this generous leap to run for City Council. Charles failed to win her last race for School District in 2018. She turned around and tried, unsuccessfully to get appointed to Fullerton City Council in 2019, and then again turned around and unsuccessfully tried to get appointed to Orange County Board of Education this year. 

Those who seek power are not qualified to hold it. 

Charles is a socialist, who has no experience and is not qualified for City Council just like the old disaster Pam Keller. She skipped the only public forum so far so voters had no idea what she stood for beyond her tell us nothing candidate website. And then the Fullerton Observer questionnaire.

When asked about housing in Fullerton, Shana’s answer was: “With median home prices at $900,000 and rentals for $3000, our city cannot house its essential workers. We must work with any and all available programs to provide relief”. Sounds like code for rent control and building low income housing in mass. Fullerton would be the next Santa Ana under Shana’s leadership.

Her thoughts in the city budget being balanced for the first time in decades: “Our current budget is penny wise, pound foolish”. So you would spend money we don’t have as a city to pay for programs like low income housing and rental assistance. Fullerton was a small step away from insolvency before this current Council made the necessary cuts to maintain reserves. But for Shana turning Fullerton into the next Westminster is a good goal. 

Arnel Dino

Fred Jung’s appointee to Planning Commission, Arnel Dino is the Commission’s Vice Chair. His voting record on Planning Commission is in line with solid Planning Commissioners in Fullerton’s recent history like Bruce Whitaker, Nicholas Dunlap, and Ryan Cantor. He is visibly clunky and sometimes talks more than he should, but he could be a viable City Council selection that will mark a huge improvement from the previous Jesus Quirk-Silva. Dino served on the Infrastructure Committee. His resume is extensive so Dino has governing experience that he will need. We are not on fire over Dino, but he could be the best of poor choices. Dino’s forum performance was not off the charts great, but was not a disaster either.   

Johnny Ybarra

After failing miserably to run for City Council in District 5 in 2018, the election that gave us Ahmad Zahra, Johnny Ybarra is now running in the District where he actually lives. The former carpetbagger is a real estate agent. Not sure what to make of his candidacy since he seems to only have signs around. But his answers during the only forum so far – Fullerton Collaborative – was an unapologetically misadventure. He sounded both unqualified and uninformed. The bar is not high to beat Ybarra who is finally being honest and running in his actual District.

DISTRICT 5

Tony Castro

Wow is this kid shot out of a cannon! Not sure how much Red Bull Tony Castro drinks, but leave some for the rest of us buddy! Pro rent control and pro police reform, Castro is hellbent on turning Fullerton into the next Santa Ana, crime ridden and filled with homeless. Castro participated in two forums so far: Fullerton Collaborative and Fullerton Observer. The answers he gave were unbalanced and unbelievable. He actually said that in 2019 Fullerton had a “21 million dollar surplus”! What!?! Did you Google that son? Because Wikipedia is not good governance. 

Oscar Valadez

Oscar Valadez is the best choice of all six candidate running for City Council. A family man, father of two, graduated from Stanford University and has been a church going, volunteer in his community, a community he was born and raised in. He too lacks experience in governing, but he did participate in both Fullerton candidate forums and his answers were thoughtful and articulate. He said he wants to be a “bridge between the community and city staff to implement effective policies”. That sounds like government efficiency, hopefully government accountability and better customer service. His answers to the Observer questionnaire speaks to a man who is prepared to lead with humility, a welcome change for District 5. 

Regarding homelessness the candidate responded: “Fullerton needs to find ways to compassionately enforce our anti-camping ordinances”. Yes.

Commenting on leadership, Valadez answered: “Public representatives must be reminded that they serve for the good of the residents. Council members must prioritize problem solving and focus on building and maintaining productive relationships based on trust. As a fresh voice, I’d focus on collaboration and remain grounded in serving, not myself, but our residents”. Amen. 

Valadez could be a brighter future for Fullerton.

Ahmad Zahra

Not sure what more needs to be said about Ahmad Zahra. He’s the incumbent so Castro and Valadez have a mountain to overcome in an election cycle that will feature historically low voter turnout and engagement. When the public is uninformed or in the case of Zahra, misinformed, it is ample space for bad actors like con artists and ponzi schemers to thrive and that is exactly what Zahra has done, misled and manipulated Fullerton residents, the Fullerton unions, the Fullerton business, the Fullerton Observer, etc. During both candidate forums and the Observer questionnaire, Zahra took credit for everything short of creating the internet. The hubris is astonishing. 

Four more years of Zahra will bankrupt Fullerton, both fiscally and morally.

There is a simple question: Do you support the direction of government accountability, fiscal sustainability, and money for streets and roads that Fullerton seems to be going in under Dunlap and Whitaker? 

If the answer is yes, the choices are simple. 

COVID ZAHRA

When things get tough, real leaders make difficult choices. And then there are those like Ahmad Zahra.

When Covid 19 rolled around in the spring of 2020 Fullerton was already looking at financial disaster. Years of unbalanced budgets were backfilled by reserve funds by the partnership Fitzgerald, Flory, Silva and Zahra. With the Covid lockdown things looked bleak.

What to do?

“I know” said Ahmad Zahra, “lets have a sales tax.”

And so the ill-fated Measure S was placed on the ballot by the same herd: Fitzgerald, Flory, Silva and Zahra. The proponents didn’t seem to care that sales taxes are inherently regressive, and Zahra seemed uninterested in the fact that his D5 constituents would be disproportionately hurt. Ironically, at the time, Zahra was hauling in $4,000 a month for a few hours time as an appointed member of the Orange County Water District Board.

Later, in 2021, when federal relief money rolled in to Fullerton, Zahra tried to direct funds away from infrastructure and into salaries and pension obligations.

Well, those chickens have come to roost. This mail piece landed in D5 mailboxes today:

Oops!

And the back side:

You have something he wants…