Derek Smith and the Wearin’ O’ the Green on the Fiscal Sustainability Committee

Last fall a silly committee was created by the City Council to pretend to explore ways to raise Fullerton’s public revenue. It’s gone by the hopeful name “Fiscal Sustainability Committee.”

No one really believed this “ad hoc” committee was meant to do anything but to propose some sort of sales tax increase, and that’s exactly what they did this week at what looked to be their final meeting. Of course there were only 4 members present and they split on whether to propose a general sales tax increase or special sales taxes aimed at “public safety” and infrastructure.

But this predictable and inconclusive conclusion is not what my post is about.

This post is about a guy named Derek Smith, one of the appointees to this committee, lifted out of obscurity by none other than Councilman “Dr.” Ahmad Zahra.

Guess what a very quick search reveals? Smith was not a random appointment based on apparent fiscal experience. Derek Smith is the political operative for the UFCW 324, the grocery store worker’s local union. Does that ring a bell? It should. Derek was clearly the mastermind of the national HQ’s $60,000 contribution to an “independent” political action committee dedicated to electing Vivian Kitty Jaramillo last fall. The origin of that money suggests a much darker source: the local SoCal MJ dispensary cartel.

That’s a lot of green from the produce section. How come? Because the OCFW 324 represents workers in the local marijuana dispensary business, part of a wider cartel that has been trying, with the help of Ahmad Zahra, to crack into Fullerton for several years. Jaramillo was going to be their Golden Ticket for a revived marijuana ordinance.

So Smith’s real fiscal experience consists of blowing $60K of somebody else’s cabbage on the S.S. Jaramillo.

Mr. Smith made the news in Anaheim a couple years ago getting a suite at the Honda Center courtesy of Mayor Aitken after pushing $140,000 in her direction.

Backscratching is fun – with other people’s money…

Back to Fullerton, Cannabis Jaramillo’s loss to Jamie Valencia was disastrous to Zahra in so many ways, not the least of which could his apparent utility to the MJ cartel.

Anyhow, at the end of the meeting Smith voted to recommend a general sales tax increase for Fullerton to deal with our fiscal crisis, although in the front of his mind must surely have been the idea revenue from the sale of cannabis products – good for the budget, good for his union.

We’re Number 30!

And last year we were number 29, among Orange County’s 34 cities based on per capita unrestricted net positions (UNP).

FFFF’s Bureau of Data & Statistics (FFFFBDS) was presented the following chart produced by the California Policy Center, a conservative think tank who tracks such things.

Keep going to toward the bottom…

Ouch. Fullerton is way down there at the bottom – each citizen being in the red for $1050 – based on 2023 numbers from the Annual Comprehensive Financial Report. We are better off than Orange, Costa Mesa, Anaheim and Santa Ana.

Pretty soon Fullerton is going to have to pay the piper and we will be presented, once again, with a Measure S-type sales tax increase in the 13% range. The question is whether such a tax can pass at an election. A General Tax only needs 50%+1 but may be a tough sell; a special tax – for infrastructure, say – requires 67% a harder nut, but one where people can see what they’re getting.

Accountability? It was never on the agenda.

An infrastructures tax does noting to alleviate Fullerton’s chronic financial mismanagement under Fitzgerald, Flory, Zahra, Quirk-Silva and Charles. It’s very clear that the liberals on the Council want the tax that eluded them in 2020.

Dunlap-Jung
Ideas, anyone? Anyone else?

But what about Jung and Dunlap? They are no longer able to distance themselves from Fullerton’s fiscal cliff having now been around for over four years. What have they done to ameliorate the chronic shortfall? The answer is nothing. For years the sleepy Bruce Whitaker voted no on annual budgets and he never bothered to put much thought into solving the problem.

Then there’s newcomer Jamie Valencia who’s not responsible for any part of the problem – yet. Will she go for a tax on the ballot? Her public safety union supporters will push her. Does she even understand the magnitude of Fullerton’s mismanagement? I wonder.

In defeat, malice…

Of course we may be grateful that Valencia’s opponent didn’t win. Then a sales tax would have been inevitable.

We Get Screwed. Again.

You know when last week’s volunteer proposal to put public employees in ambulances popped up, I had to smile, just a little. The whole thing was so shaky, so duplicitous, so-ill conceived that you had to admire how the Heroes were able to so easily put up a hollow con job that a little kid, unlike our City Council, would question.

Of course the interests of the Fire Department and its employees jumped ahead of the interests of the citizenry.

And then it struck me. There are all sorts of ways our elected officials put others’ welfare ahead of the public, and nowhere is this better seen than in the way massive development projects that overwhelm Fullerton’s landscape. There is never any dissent. The councilpeople fall all over themselves to approve giant cliff dwellings for no discernable reason other than someone wants to do something to make a shitpile of money, and City staff gets to charge hours against fees and permits.

In short: no one is looking out for the interests of the people as the infrastructure gets taxed, neighborhoods get overwhelmed, and parking deficiencies are assumed by everybody – except the developer – who comes up with the best tale about why his project doesn’t need cars.

Which brings me, finally to the god-awful monstrosity going up on Chapman Avenue. I think it’s called “The Hub” a pathetic marketing tag that the developer hopes will generate buzz among the crowd that can afford a $3000 per month one bedroom apartment.

Just look at this hideous cliff-dwelling, which must now be the tallest residential building in Fullerton. Seven stories, eight stories? Forget about how this project was completely deficient in parking and how it’s going to impact traffic for everybody who uses the Chapman corridor. Think about the thousands of toilet flushes into the City’s sewers every day; think about the stress on Fullerton’s antique water transmission system needed to bathe these new residents and wash their clothes. Just think about the poor bastards who live across the street and will get to ponder this ponderous pile of overbearing, overbuilt, over-dense, under thought-out mess – for the rest of their lives.

Monster

Remember, Friends, this project, just like so many before it was a voluntary erection on the part of the City, rubber stamped by the people we elected. Nobody forced anyone to vote yes on this, but they all did, and they would all do so again. And they looked the other way as the burden of environmental impacts were shifted to the public. This project required General Plan Amendments and zone changes. These government entitlements are worth a fortune to a developer and that benefit reflects the shift of negative externalities to everybody else. What did the people of Fullerton get for the entitlements giveaways?

So take a drive along Chapman one of these days and see if you think our City Council is working for you…or somebody else.

City Nixes Publications on Property

Last Tuesday the Council voted 4-1 to deny access to any non government publications on City property.

This seems to be the result of our humble request to allow FFFF a presence thereon, however one never knows since our attorney, Kelly Aviles, never got a response over the past couple of months to our request for access. Oh, well.

No news is good news…

The new policy will remove other publications that already have access, namely the Daily Titan, the school paper at CSUF and the yellowing Fullerton Observer, a dreadful compendium of political bias, untruths, innuendo, rumors and libel.

Naturally the Observer crowd began bleating about censorship although nobody is censoring any of their drivel. They are still free to disseminate their trash at George’s Burger and at Ralph’s and any other place that will have them.

The lone no vote came from that champion of free press, Ahmad Zahra, who (we now know) “ran away” from persecution in his homeland and now can revel in yet another layer of heroic victimhood – political refugee! He actually sent a out a press release reiterating his loyalty to our country – the one he snuck into.

I’m not even going to bother reproducing that noble-sounding riff. Just remember this: When this story started Zahra absolutely did not want FFFF in City Hall in any form. A few years back he also voted to legally harass FFFF and to keep suing FFFF over the shared files affair – even after the jig was up. How’s that for First Amendment championship? Paper thin.

Lego My Hero

Tomorrow night’s council meeting promises to be a big affair. Once again the Kennedy Sisters will be ringing the tocsin – calling all Boohoos – oppose a policy creating ban on free, non-governmental materials in City property. The inevitable crying and hand wringing will be amusing to watch.

And there may be some of our Fire Heroes, and their families there, too. How come?

Because the Fire Department is proposing to take over the driving, washing, and maintaining their new fleet of sole source “coaches” and figuring out how use their new fleet of gurneys,

Of course Giant Savings are forecast. But do you believe them?

The comparison “study” is at such a high level that no details are shared – big problem. The City knows the current private operators numbers because they gave them to Fullerton under the contract. How about those of the Fire Department. No.

One of many downsides is that the “in-house” option budgets have a high degree of speculation.

Are all of true costs known? One would have to be pretty well-convinced (or gullible) to believe that newly unionized and pensioned ambulance drivers could be cheaper, and cheaper by a lot.

If these drivers leave town after they are vested, who picks up the CalPERS check, for say, the next 30 years?

The City assumes full liability. Are insurance premiums for this new FFD scope expansion forecast in the budgets presented budgets? I wonder.

And finally I come to the biggest problem. Accountability. From soup to nuts. No accountability for the forecast budget’s accuracy, no accountability for anything else. There would be no contract with which to enforce performance and delivery – especially bad performance.

No doubt the heroes will proclaim a local control, budgetary and public safety victory. Will it be? I think the public should be made aware of the details that back up the simple chart in the agenda.

True, the current system is ridiculous. An FFD paramedic takes a trip to St, Judes with the ambulance. The an entire crew with a fire engine follows to the hospital. Not to look at the bad art on the lobby walls, but to pick up their compadre and return to the fire station.

However the correct response is not to take over the ambulance driving, but to follow the lead of Placentia and privatize the damn paramedic job! Their results in Placentia have been fine and they’re saving money.

Silence is Golden

A couple months ago FFFFs attorney, Kelly Aviles sent a letter to the Fullerton City Manager announcing our intention to begin a paper edition of our humble blog, and requesting that the City permit distribution of that publication on City property – places like the lobby of City Hall and the Community Center.

You’ve got mail!

Dear Mr. Levitt:

I hope this finds you well. I am writing to you on behalf of my client, Fullerton’s Future, who’s in the process of launching a new newspaper publication to serve the residents of Fullerton. As part of the marketing and distribution efforts, my client seeks to place a newspaper rack in the lobby of City Hall, similar to the arrangements that have been made with other local newspapers.

We respectfully request the City Council grant approval for my Client to install a newspaper rack in the lobby of City Hall. My Client has secured a financial commitment from a local businessman for a significant amount of private financing to launch this new business endeavor committed to contributing to the local community by providing important local news, restaurant reviews, business advertisements, and information that reflects the diverse interests of our city’s residents and their needs for alternative news sources. In addition, an application to form a new 501-c4 will soon be filed with the IRS for this venture. 

Please let me know if there are any specific procedures or requirements that need to be followed to facilitate this request or if the Council has any preferences regarding the placement of such a news rack at City Hall. We are eager to comply with any guidelines you may have.

Thank you for your time and consideration and we look forward to your response.

Sincerely,

Kelly Aviles

FFFF hasn’t been particularly forgiving of all the murder, mayhem, misbehaving, and costly mistakes our highly paid employees have made over the years with the blessings of boobish city council members; the City has even gone so far as to sue FFFF contributors for mistakes made by employees and our City Attorney; therefore we figured our chance of getting our voice heard in City Hall was nil.

We were right.

Of course we knew the City was just stalling us. Now the wait is over.

If you check out next Tuesday’s council agenda you’ll notice Item #14. It’s a Resolution establishing a policy that keeps FFFF off City property and limits the presence of non-governmental communications to the Main Library “community corkboard” – at the discretion of the Librarian.

Wow, there’s steaming pile of bureaucratic jargon – enough to satisfy anybody who admires that sort of gobbledygook. My favorite sentence is “The policy emphasizes that all City facilities remain non-public forums.” Wouldn’t want a public forum in City Hall, now would we? That space is reserved for government propaganda.

Stick it where it will do the most god…

I don’t believe this would be on the agenda at all without previous agreement in closed session, hidden away from prying eyes under the deceitful cloak of “potential litigation.” I wonder if they can legally enforce this policy.

We may have to start printing selected copy from our greatest hits and push pin them onto that community corkboard!

Accessory to Commit Perjury

Last August supporters of Fullerton 4th District Council candidate, Democrat Vivian Jaramillo, created a fake “conservative” candidate to draw votes away from the person presumed to be Jaramillo’s principal opponent – Linda Whitaker. The candidate, Scott Markowitz, committed, and plead guilty to perjury.

It’s abundantly clear that at least one person helped phony candidate Scott Markowitz commit the perjury when he falsely swore that he collected his nominating signatures. How is it clear? Because at least one of his nominators told the District Attorney Todd Spitzer that it wasn’t Markowitz who got them to sign, it was someone else; either that or Markowitz himself volunteered the information, which isn’t likely since he was arrested and booked into the Santa Ana Jail.

Speculation is increasing and questions are still being asked, such as: what’s the name of the person or persons who suborned Marko’s perjury, and why hasn’t Spitzer prosecuted him/her/them? In fact, a Public Records Act request was recently made to Spitzer’s office to reveal the name of the person or persons involved in the Markowitz case.

I’m not talking…

Back in the fall, suspicion fell immediately on a guy named Ajay Mohan, a former Democrat operative who held Markowitz’s hand at the City Clerk’s office while picking up nominating materials. But could Mohan have known any of the nominators well enough to get them to sign the papers of a MAGA-sounding candidate?

The Usual Suspects are smiling. For now.

Some folks behind the scenes put early money on creepy and desperate Councilman Ahmad Zahra, the immigrant marriage fraudster and serial prevaricator. Then attention turned to the equally seedy Aruni Thakur, the guy who tried to get elected to the Fullerton City Council in 2020 in a district he didn’t live in. Both are well-known local Democrat office holders who would have been familiar to the Democrat nominators like our old friend Diane Vena. Hey, what about Jesus Quirk-Silva, the dim-witted ex-councilman and husband of wannabe king/queenmaker, Assemblycreature Sharon Quirk?

Recently a new front runner has emerged, a chap named Andre Charles. Charles revels in the lofty title of President of the North Orange County Democrats club. His wife, the self-important, wordy, and ingratiating gasbag, Shana Charles, is on the City Council. Charles had both the motive and the means to sucker local Dems to nominate Markowitz in absentia. Indeed, several nominators of the faux Trumpy Markowitz are members of Charles’ Democrat club. Hmm.

Spitzer gets choked up…

So what was the result of the PRA request? Predictably, the DA’s office isn’t answering, saying they don’t have to – the records are confidential even in closed cases. But if no other crimes were committed, then who cares, right? Yet the response from some guy named Wayne Philips in the DA’s office does include this tidbit:

Is this merely a boiler plate brush-off, or is some investigation really still underway? Personally, I doubt any investigation is going on, but if I were one of the perps involved I’d still be a little nervous. There are probably lots of weak links in the chain of this scandal, and even Spitzer may be induced to do his job if evidence he is now suppressing is published.

Boutique Bungling Bears Bounty

And by “bears bounty,” I mean the boutique hotel scam pulls Fullerton into ever deeper shitwater.

By now we all know how stupid, inept, and problematic the so-called “Tracks at Fullerton” has been.

Starting out as a boutique hotel, a dumb idea took on a bloated, lumbering life of its own and has been kept alive through bureaucratic inertia and predictable metastasis.

Hostert

Now there’s a new twist. Word on the street is that the family of the guy with the original brainstorm, Craig Hostert of Westpark Development, is suing the current “developers” TA Partners. You may recall that Hostert is dead. His relatives seem to think that his money men, Johnny Lu and Larry Liu of TA Partners, pushed Craig out of his interest in the project. Johnny and Larry are said to be counter suing.

That can’t be good…

Parenthetically, I might add that Johnny and Larry are no strangers to the legal system, having left a trail of bankruptcies, foreclosures, and fraud in their wake. Fullerton being Fullerton.

Enhanced with genuine brick veneer!

I don’t know what the lawsuits might entail, legally, but due to the incompetent actions of Councilmembers Bruce Whitaker, Shana Charles, and Ahmad Zahra in upzoning the property, there could be a lot at stake. Remember, the City sold Westpark/TA almost two acres of land for $1.4 million (less demolition costs) while making it worth ten times that amount by abusing the allowable density in the Transportation Center Specific Plan.

Right now the City Hall silence remains deafening. We do know the council met in closed session about this awhile back, and still the public remains in the dark. Why hasn’t the City kicked Johnny Lu and Larry Liu to the curb long ago? They were supposed to have performed all sorts of stuff by now. Here are Johnny and Larry’s milestone obligations per the Development and Disposition Agreement, approved at the end of December, 2022.

Read. Weep.

Westpark/TA Partners are clearly in default. Plans submission was supposed to take place in December 2023 – fifteen months ago. Permits were required to be obtained fourteen months ago. Grading was supposed to start eleven months ago. Above ground construction was supposed to start by the end of last October – five months ago. See a pattern?

For some reason TA Partners was given some wiggle room in the actual verbiage of the contract for plans submittal – 240 days which would have been February of 2024, still thirteen months ago, and still a massive default.

Was there an “Unavoidable Delay?” Who gets to know? Why would the City fail to exercise its right retake the property? If you see a councilperson, please be sure to ask. Of course you won’t get an answer as the whole thing is shrouded in Closed Session secrecy. Without any action on the part of Fullerton, the two fly-by-nighters are still in possession of entitlements worth a pile ‘o cash – enough to excite the pecuniary envy of Mr. Hostert’s heirs and assigns.

I get the strange feeling that this latest legal entanglement might have repercussions for any case Fullerton might have in getting rid of Johnny and Larry. It shouldn’t, but it might be cause for staff to continue to string this thing out since it has been such a lucrative toy for Fullerton’s crack “economic development” employees.

Another Police Shooting Fatality

According to the Fullerton Police Department, their employees killed another person Saturday night.

Responding to a domestic dispute call in the 700 block of West Orangethorpe Avenue the cops arrived on the scene and discovered a 19 year old male “matching the description” on the sidewalk. Here’s the tale from the press release:

Despite repeated commands from officers, the suspect was noncompliant. In a sudden turn of events, he lifted his shirt and pulled what appeared to be a handgun from his waistband, prompting an officer-involved shooting.

Officers immediately began life-saving measures until paramedics arrived, but the suspect was pronounced dead at the scene. A pellet gun, closely resembling a Smith & Wesson handgun, was recovered near the suspect.

Oh, no. Another one of those dreary FPD press releases that always sound like an immediate exculpation rather than a simple statement of the bare facts

At the point of first contact the cops confronted a guy who may or may not have done anything wrong. We know he wasn’t juiced because if he had been the statement would have said so. There goes Excuse Option One.

We don’t know what those “commands” given by the police were, of course, or even if they were reasonable. It will be interesting to see and hear what sort of dialog ensued during this confrontation. Was it calming, or was it the sort of thing that might prompt escalation?

Then there was “…a sudden turn of events.” What is this a high school creative writing class? For some as yet unknown reason this young man decided on the ever popular Excuse Option Number Two: suicide by cop. The inevitable “waistband” is deployed by the cop writer, although the PR had earlier stated that the culprit had been waving a knife at Dad at the incident address. I’m not sure who wanders around with a pellet gun shoved in his pants but there was one, apparently that (closely!!) resembled a Smith and Wesson handgun.

We will be comforted to know that all will be revealed within 45 days via one of those Critical Incident Community Briefing Video.

Edgar Rosales The New Parks & Rec Truth Fabricator

Fullerton parks managers have a long and standout history of making things up, pursuing projects of benefit to themselves (programming), and of discounting real public input. I scanned old posts of FFFF to get a sense of the Parks Department players. Two of the leading prevaricators, Hugo Curiel and Alice Loya are gone; but a new face has emerged in this long tradition. And that face belongs to a guy named Edgar Rosales.

As Friends know, FFFF has been inquiring about the status of the deplorable Trail to Nowhere, noting that that two principal milestones have been completely missed – namely design submittal to the State and start of construction. These milestones are currently 8 months behind schedule. Mr. Peabody wondered aloud if it were even possible to meet the October ’25 completion deadline, and whether anybody even cared.

It turns out that the wheels of progress at City Hall may grind slow, but they do grind, especially if somebody else’s money is being wasted.

A sharp-eyed Friend noticed this item from the minutes of the January 13, 2025 Parks Commission meeting.

Enter Edgar Rosales, the new Alice Loya, Junior Grade. During his explanation of the Trail to Nowhere, Rosales started lying too; and misleading the Commission so blatantly, that it really was something to behold. His presentation was infuriatingly dishonest. But first, Edgar’s Transparent California dossier.

The price of prevarication…

The first Rosales lie to the Parks Commission was the assertion that the project was on schedule. Of course it isn’t. Here are the contract schedule milestones.

No, not on schedule. Check the dates, Eddie…

FFFF has already shown that the contractual milestones are completely blown out of the water. Submission for final plans to the State was supposed to happen last June. Mr. Rosales didn’t bother to inform the Commission that this milestone still hasn’t been met eight months later. No. Instead he told them that preliminary designs were submitted last June, ostensibly to make it look like the schedule was met – just in case any of the Commissioners thought to inquire. They didn’t, of course, because they didn’t know.

Well, well, well…

Then Rosales volunteered that last August soils testing was done, again a statement crafted to look like the something meaningful had occurred – to look like the maybe even the construction start milestone had been met. Soils testing isn’t construction. That milestone is obviously blown open, too since it follows design, bid and award. The statements is not only a deliberate obfuscation of the true schedule delay, it begs the question of why the City told the State the land was clean in the grant application when they obviously didn’t know and didn’t care. That lie has been propagated endlessly by Trail supporters like the Kennedy Sisters.

Giving honesty the middle finger…

The grant application fraudulently described the site as environmentally shovel ready a lie that FFFF exposed long ago, and a lie now unintentionally confirmed by Rosales’ rosy recital of the project history. In the contract this intentional fraud is grounds for revocation/repayment of the grant – not that anybody at the State cares, either.

FFFF discovered through a Public Records Act request that there has been no written communication between the City and the State agency awarding the trail grant. If any contract extensions were made, they must have been verbal; and if any exist Edgar didn’t bother mentioning them.

As to the budget, why, that was looking good too! No mention by Rosales to the Commission that the grant budget failed to include soils testing, soils remediation and removal, water lines, storm drainage, or toxic monitoring well modifications; nor did he bother to remind the Commission about the rampant inflation that has taken place in the past five years since the grant application budget was submitted.

Maybe that accounts for his assertion that the City Council had appropriated $300K to $500K of Park Dwelling Funds as the City’s share of project cost. No, the City’s share was budgeted at $300K only, but that extra $200K sure will be needed.

And the hits kept coming.

Rosales repeated the lie that “Phase 1” starts at the Transportation Center. It doesn’t. It starts at the ass-back end of the still closed Poison Park. There is no eastern trail connectivity to anything.

Rosales deliberately refused to acknowledge that Phase 2 doesn’t even line up with Phase 1, glossing over the alignment mismatch at Highland Avenue where no at-grade crossing exists.

Rosales repeated the oft cited future connectivity at the west end, not a lie exactly, but a hope so delusional that it can pass as one.

So it appears that here is finally a “90%”design, although it has not yet gone trough City plan check or come to the City Council for ratification; and so far it isn’t listed as a tentative item for March meetings. Thereafter follows bid and contract award.

But Edgar is optimistic alright, as one with nothing to lose might well be. He believes the project will be done in October or November. If pigs grow wings that might happen. But there is even less chance of meeting the “plant establishment” milestone by October which necessarily follows planting by some period of time – sometimes months.

I note that Assistant City Manager Daisey Perez was present for this presentation and we should assume that both she and her boss, the boneless Eric Levitt are in on the promulgation of misinformation about this project.

Speaking of Levitt, no one here can remember an award for design services for the trail being approved by the City Council last year. A search of Council meetings in 2024 provides no information. So maybe the City Manager alone decided that a firm called KTUA – a San Diego landscape designer – got the job.