There’s only a couple days left for candidates to file their paperwork to run for Fullerton City Council. The deadline is August 9th – unless the two incumbents in the 1st and 2nd District, Fred Jung and Nick Dunlap pull out – then there’s another week. Neither has filed their nomination documents yet.
I know who I want to work for, and it isn’t you!
Previously, two individuals turned in their nominating papers – Jan Flory, who’s been on the City Council on three different occasions, already filed to run against Dunlap Her record on the Council has been a trifecta of terribleness.
Mr. Truxaw in better days…
And then there’s some odd guy named Matt Truxaw who had filed for the 1st District to run against Jung. He seems like a sucker set up for the steamroller.
Whitaker, Linda
And now a third candidate has made it official: Linda Whitaker, wife of outgoing Councilman Bruce Whitaker, in the 4th District. Oddly, Ms. Whitaker has listed no occupation which is extremely unusual, not even a “retired” this or that. Does it matter that much? Maybe not. Flory calls herself a “retired family lawyer” which may not be helpful since people generally don’t have happy experiences in family court.
You are what you eat…
Finally, a new potential candidate has taken out papers to run in the 4th. The name is Scott Moskewitz, someone none of us have heard of. There is a 67 year-old Scott Moskowitz who lives on Woodcrest Drive. I have to wonder if this person isn’t simply a plant, an obscure name on a ballot meant to draw votes away from the only person in the race at this point without a Spanish surname – Linda Whitaker.
Tony Castro. Staying out of jail long enough to be of use to the Democrat Party of OC.
We all remember 2022 when the Democrat Party of OC set up a guy named Tony Castro to draw Latino votes away from Oscar Valadez in support of non-Latino Ahmad Zahra. Mr. Moskowitz pulled his papers very late – two days ago which may indicate a certain strategy. We shall see if he is in by Friday afternoon.
A week or so ago FFFF reported that Jan Flory, the elderly, humorless scold who has been on the Fullerton City Council three times had taken out nominating papers to run this fall in the 2nd District.
FFFF rejoiced.
Too much scotch, not enough water…
We didn’t necessarily think she’d go through with it, what with her pushing 80 years old, her historic constituency dying off, and running against the popular and well-financed Mayor, Nick Dunlap. Still the prospect of having Flory around gave hope for all sorts of blogging fun – once again reciting her horrendous pro-tax, pro-corruption record.
Provide Your Own Caption
And now we learn that Mrs. Flory has indeed returned her nominating papers and is in the process of creating a new campaign committee.
Better check the sell by date…
Well, done, Jan, say I. Your record of “public service” is in a class by itself.
You were the one who approved the budget busting 3@50 retroactive pension bonanza to cops and paramedics.
You were the one who enthusiastically supported the illegal water tax.
You were the one who supported Measure S, the foolish sales tax effort.
You were the one who supported the ill-conceived Utility Tax, and wished it had been double,
You were the one who approved years of red ink budgets and lied about them to the public.
You were the one who cut a slimy deal with Ahmad Zahra to deny the citizens of Fullerton a chance to vote on a replacement for Jesus Quirk Silva.
You were the one who refused to create a citizens commission to reform the Culture of Corruption in the Fullerton Police Department.
You were the one who defended the Three Bald Tires in the wake of the Kelly Thomas murder by the cops. You called them honorable men.
You were the one to sneer and deprecate your own constituents if they dared criticize or complain about the actions of your beloved “staff.”
You were the one to support every Redevelopment boondoggle and every massive, over-built apartment block.
An amused Friend shared this Yelp review of lawyer Jan Flory, posted just about the time Flory was on the backstretch of her second lap around the Fullerton City Council track.
Don’t worry, Michelle. She never cared about us, her constituents, either. It’s always been about protecting the bureaucrats in City Hall – the ones she calls the “heart of the City; and protecting the Culture of Corruption in the Fullerton Police Department.
And I agree, Michelle. It’s too bad there isn’t a zero star option.
What appeared to be a pretty tame fall City Council election may have just become a lot more fun.
The closer you look, the worse it gets.
Word on the street is that Jan Flory pulled nomination papers yesterday to run against Mayor Nick Dunlap in the 2nd District election in November.
Too much scotch, not enough water…
Who is Jan Flory? If you don’t know, take a spin through our files, here. You’ll find all sorts of entertaining stories about Ms. Flory and even about her creepy/pervy son Mike, who used to be a Deputy District Attorney and even tried to be a judge once.
How far did the apple fall from the tree?
Maybe not breast fed long enough…
Jan Flory was elected to the City Council in 1994 and voted off in 2002. In those eight years she happily allowed an illegal water tax, voted for the disastrous retroactive public safety pension spike and supported the culture of unaccountability that has helped us get where we are today.
In 2012 she hauled herself out of the stable to try another lap around the track.
See if you can find the old nag.
Her mission was to restore municipal authority to the Old Guard she represented, and to protect the Culture of Corruption at the Fullerton Police Department from any sort of reform. She informed us that the City Department heads were the “heart of the City.”
She put in her four years, patting her Chief of Police Danny Hughes on the fanny as they both walked out the door in 2016, a few days after the drunken City Manager, Joe Felz drove over a tree and tried to drive away. The ensuing cover up turned out to be expensive. Oops.
Poor Sappy. So young, so vibrant…
But Jan wasn’t done with us. Not by a long shot.
When an opening on the City Council occurred in 2019 guess who was there to snap up the job? After her appointment she rewarded the unemployed Ahmad Zahra for his vote with a paying gig at the Orange County Water District.
In this last stint Flory was happy to continue her love affair with unbalanced budgets and was one of the members of the Council, along with Jesus Quirk Silva, Ahmad Zahra, and Jennifer Fitzgerald who waged a legal vendetta against this blog and specifically against Joshua Ferguson and David Curlee. Of course that harpy-like mission cost the taxpayers hundreds of thousands of dollars, but didn’t cost the perpetrators anything.
Ferguson and Curlee. The easy winners…
Well, I sure hope Ms. Flory really does want to run. The entertainment value alone is worth it. Who her constituency might be is unclear. There aren’t that many elderly liberals left in Fullerton. She might get the support of the yellowing, and thinning Fullerton Observer crowd, but a humorless, stick-up-the-backside septuagenarian is not likely to appeal to anyone under seventy.
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.
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.
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 other day the Fullerton Harpoon posted a brief synopsis of Fullerton’s Fiscal Year 24-25 budget, suggesting that the “workshop” to present Fullerton’s dire economic situation was just another step in the process of trying to get the City Council to put a sales tax increase on the November ballot.
Of course Mr. Harpoon is right about this. Not only have we seen this play before, we noticed that the process of collecting manipulated information started last year. Of course it’s still ongoing. But the pro-taxers in City Hall are running out of time for 2024 since some acceptance of tax inevitability will have to be discussed during the budget formalization in June.
After that there’s only about a month until the 2024 ballot cutoff.
To be sure, the tax increase doesn’t have to be on the ballot in the fall. And the reality is that there may not even be the votes to do it. This makes the 2024 District 4 election more important.
She wants what you have.
District 4 candidate and former City parking ticket hander outer, Vivian “Kitty” Jaramillo would no doubt be only too happy to apply a regressive sales tax on her “underserved” constituents, just like Ahmad Zahra was in 2020. If the votes are there a special election in 2025 might be tried.
In any case, our tax dollars would undoubtedly be used to propagandize us about how our quality of life is determined by how many happy public employees we have bumping into each other in City Hall. Even worse we would be scolded about our lack of civic responsibility, etc. etc.
It will never occur to the would-be taxers that a lot of folks in Fullerton don’t feel like having taxes raised as a response to years and years of fiscal imprudence on the part of liberal councilmembers and incompetent city managers.
Our message to our would be overlords in City Hall, the “heart of the City” as Jan Flory called them, is clear.
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.
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.
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.
