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.

Being Vivian Kitty Jaramillo. Again.

It means you aren’t very smart. You aren’t attractive. You aren’t talented. You aren’t educated. You do have a chip on your shoulder and you do seem to think people owe you something. Mostly because you grossly overestimate yourself, and the Kennedy Sisters think you check all the right boxes.

But I checked all the right boxes…

On Tuesday evening Ms. Jaramillo appeared at the Fullerton City Council to take the council majority to task for rejecting her nomination to the Planning Commission. It was a graceless, rude performance.

She didn’t seem to grasp the irony in her insulting the people who voted against her, just like she did last December in what we wished had been her final goodbye statement. Alas, no. Here is “Cannabis Kitty” showing up again like a bad penny. Some of her comments about the council majority:

Afraid of her, or;

Childish in their rejection of anything Zahra

Disgusting

Idiotic

She whined that voting “no” on an appointment was just never done! And recent appointments by Jamie Valencia are “the usual suspects,” unqualified “bozos” only wanting “personal glory, and who are not “interested in the betterment of the City.” Not like her, of course. Why, one of these appointees, a former Mayor, was even referred to by Fullerton employees as “Mayor Bozo,” Jaramillo recalled.

She failed to mention that object of her denigration, Chris Norby, is also a former County Supervisor and State Assemblyman now willing to serve on a low-grade committee almost nobody knows about because he is simply a good citizen.

Zahra wants you for Ahmad’s Army!

Of course Jaramillo got her facts wrong, or more likely, pretended to, omitting that only a few weeks earlier her sponsor, Ahmad Zahra voted no on Valencia’s appointment of Arif Mansuri, a professional engineer, to the Transportation Commission.

Jaramillo essentially identified Valencia a puppet of Jung, who she wrote off completely as a “little dictator.” She was “bummed,” she said because the absent Nick Dunlap wasn’t there to hear her lament of his action. She had hoped better of him. She didn’t remind anybody that in her December letter to her friends at the Fullerton Observer she referred to Dunlap as a knucklehead. Short or selective memory?

The happiness vanished in a political haze…

Now I don’t know about you, but it looks to me like Jaramillo is just prone to insulting people who refuse to acknowledge her superior qualities. Of course she is bitter about losing to some unknown who’s only lived in Fullerton “a hot minute.” I don’t care about that, but I find it surprising that her own sense of entitlement is so immense that it would cause her to expect the targets of her abuse to appoint her to anything.

Charting a New Course?

Fullerton is a General Law city. The question of studying the costs and the benefits of adopting a municipal charter was on the agenda for the last city council meeting.

To charter or not to charter. That became the debate. But it shouldn’t have been.

Rather than accepting the benign idea of beginning to study the pros and cons of Fullerton being a charter city, numerous public speakers, a claque obviously organized by Ahmad Zahra, and Zahra himself, began reciting a litany of reasons to not even study the idea. Of course they didn’t know what they were talking about, and kept spewing nonsense, like ginned up election costs, scary rejection of State paternalism, mandates, and planning control, and all sorts of drummed up stuff leading to the inevitable conclusion that California state government is benevolent, well-run, desirable, and comforting.

Fullerton Boohoo, old and new…

The speaker list was comprised of the usual suspects: our old, nattering friend (and Scott Markowitz nominator) Diane Vena; the ever-angry Karen Lloreda; the bitter, avian Anjali Tapadia and others.

Cluck.

Good grief, even the superannuated Molly McClanahan appeared, cluck-clucking her disapproval of the proceedings. And there in the audience sitting next to McClanahan, was none other than Jan Flory, looking pretty worn out. Flory didn’t say anything, mercifully, but perfunctorily clapped when speakers questioned the motives and integrity of the council majority. On McClanahan’s other side sat Ms. Lloreda, which was appropriate: two former city councilwomen recalled by their constituents.

Several school district boardmembers showed up, too, trying, and failing to explain the nexus between the municipal charter topic and the welfare of their districts. That was just pathetic lackeyism for Zahra. Boy, have they backed the wrong horse.

Too much coffee?

As noted before, Zahra’s indignant, theatrical and lengthy diatribe was even more ridiculous that the dumb speeches of his little entourage. He began a recitation of how a 15 member elected charter-writing committee would become a political springboard for bad people (i.e. those not chosen by him) funded by bad interests – like Fullerton Taxpayers for Reform, presumably. This was amazing since nobody in their right mind would pursue this approach. I don’t know if any city ever has. But Zahra must have thought it was good obfuscation to help confuse the already dimly lit brains of his followers, I guess.

Still in the second stage of grief…

There was a plot afoot said Zahra, with devious manipulators pulling the council’s strings to buy and sell Fullerton, somehow, sometime, somewhere. Don’t believe what they say, said the master of prevarication.

Ferguson speaks. Fullerton Boohoo is not happy…

One speaker, Joshua Ferguson supported the study, pointing out that the process of voting on a charter was actually highly democratic because it gave people a chance to participate in how their city is governed. The Three Old Ladies shook their heads in disapprobation.

The three councilmembers who voted to simply consider the idea – Jung, Dunlap and Valencia – didn’t try to justify some positive end result, reasonably supporting a study, the sort of thing people like Zahra and his friend Shana Charles normally adore.

The idea here is that actually learning things about something relating to city governance is a good thing.

I don’t know anything about the benefits or drawbacks of having a municipal charter; neither do the people of Fullerton;. neither does our City Council, two of whom, Zahra and Charles voted to remain ignorant.

Bitter Jaramillo Bites Dust. Again.

Oh, the humanity!

At last night’s Fullerton City Council meeting, Ahmad Zahra revealed his second nomination for the city’s Planning Commission. You may recall that his first nomination, Adrian Meza, doesn’t live in Fullerton and couldn’t take the job. Zahra’s new nominee? Vivian “Kitty” Jaramillo. Friends may well remember Jaramillo from the fall city council campaign, where she finished behind Jamie Valencia.

Full of hot air…

Jaramillo’s nomination went down like the Hindenburg. Zahra and Charles voted yes, of course; Valencia, Dunlap, and Jung voted no. Unequivocally. How come? These appointments are usually rubber stamped by the Council.

In defeat, malice…

Well, Friends may also recall Jaramillo’s political valediction, presented in the Fullerton Observer: a bitter lamentation how dirty tricks sank her little boat:

Rule number one in politics must be that if you want somebody to vote for you, try to refrain from calling them knuckleheads and puppets. During the campaign Jaramillo questioned Valencia’s credentials and commitment; not a big deal in an election, but not helpful later on when you want something from your former rival.

Where’s the lie”

Then there’s the marijuana dispensary problem. Jaramillo has been a big supporter of the now reversed ordinance that would have permitted the greatest latitude for future permits. Dunlap and Jung had already votes to repeal that law. The thought that the dope lobby contributed $60,000 to get Jaramillo elected certainly must have caused pause for the council majority.

And then there’s the problem of Zahra’s own recent vote against nominations made by Jung and Valencia, most noticeably the choice of Arif Mansuri to the Traffic and Circulation Commission. If you’re going to start voting no on qualified nominees you should expect reciprocation for your unqualified ones.

My guess is that Zahra was on the phone after the meeting to boohoo like a little girl to one of the Kennedy Sisters, and they’ll be crying in print real soon about the usual outrage.

Zahra Votes No on Arif Mansuri

Angel in the outfield…

Yesterday FFFF related the story of how Fullerton Councilmember Ahmad Zahra got rid of his Planning Commissioner Arif Mansuri for some young guy named Adrian Meza. In effect, the Planning Commission lost a professional engineer and would have gained a political wannabe whose day job is “marketing” for a fertility clinic that gets gay male couples children.

Mansuri ain’t buying it.

It turns out that Mr. Mansuri still wants to serve his fellow Fullerton citizens and Councilmember Jamie Valencia thought that was a good idea. So at the January 21, 2025 Council meeting she expressed her intention to nominate Mansuri for the Traffic and Circulation Commission. That item came up on the February 4th, 2025 council agenda – Item 3.

What’s of interest here is that Zahra voted no on Item 3, that included Mansuri’s ratification to the T&C Commission.

I will get what I want, one way or another…

What’s the big deal you ask?

Well, for starters it’s highly unusual for one councilmember to vote against a nomination made by one of his colleagues, particularly one who is more qualified than most Fullerton commission appointees. In Fullerton such things have always been considered bad form; in this case especially, since the man is qualified. We may conclude that Zahra doesn’t like Mansuri anymore and voted against him out of malice; or maybe it was spite against Valencia for favoring his own castoff commissioner.

Mansuri was appointed 4-1 so there’s no effect on almost anything by Zahra’s petulant vote. Almost. Because this vote creates a recent precedent of sorts that means nobody gets an auto pass when it comes to future appointments. And that includes Zahra himself who will be shopping for a new Planning Commissioner one of these days.

More Observer Self-Serving “News”

Giving honesty the middle finger…

A week or so ago the Kennedy Sisters, presumably in the interest of political transparency, posted the 2024 campaign finance activity of Councilmembers Dunlap, Jung, and Valencia. They were also interested in showing the spending of Fullerton Taxpayers for Reform and its opposition to their favored candidate Vivian Jaramillo.

“Follow the Money” is their headline. But wait. Isn’t something missing?

Indeed, yes. They decided to publish information about the three winning candidates whom the really don’t like. And of course Fullerton Taxpayers for Reform has been the bane of big spending bureaucrats and politicians for years. But where is the information on Vivian Jaramillo?

Missing in action, I’d say.

But I checked all the right boxes!

Jaramillo got lots of campaign contributions from local unions, public employees, and lot from Fullerton’s public pension retiree gaggle. Not too much surprise there, so why not publish it? It’s still relevant.

But what really stood out was the omission of the massive Independent Expenditure Committee created to get Jaramillo elected. “Working Families for Kitty Jaramillo” was the recipient of $60,000 up front from the national HQ of the grocery store workers union. The local union “sponsored” the IE, but the dough came from Washington DC and the smart money was on its origin being none other than the Southern California dope dispensary cartel.

The marijuana money would be real hard for the Kennedy Sisters to explain without reminding folks that Jaramillo earned the nickname “Cannabis Kitty” due to her prior staunch support of Ahmad Zahra’s push for the broadest marijuana ordinance – the one he, Silva, and Flory voted on at the end of 2020.

The look of vacant self-satisfaction…

More even handed “reporting,” right? I don’t suppose anything is going to change from these darlings. The sniping, innuendo and criticism of Valencia, Jung, and Dunlap will continue unabated, with the usual conflation of news and editorial – in violation of any journalistic standards.

The Problem of Bad Legal Advice

There really shouldn’t be any surprise that bad legal advice always comes with a price tag. Sometimes that cost is monetary. Sometimes it’s misleading and even abusing the public and its trust.

No, I wasn’t asleep. I was praying…

And so it has been over the decades for Fullerton and its egregiously awful lawyer, Dick Jones, of the I Can’t Believe It’s a Law Firm. The latest example is a real boner, even for a guy whose firm specializes in boners in dirty book stores and misbehaving topless bars.

It seems that last fall City Attorney Jones and Mayer may very well have passed advice to newly elected councilwoman Jamie Valencia that some of the donations to her campaign could be problematic, including those from Tony Bushala and the guy who owns the cigar place on Wilshire Avenue. Any official activities effecting these gentlemen might fall under the Section 84308 of the Government Code, the so-called “pay-to-play” statute.

The statute says that politicians can’t vote on licenses, contract awards, entitlements, permits or agreements with entities that give them over $250 in campaign cash. Valencia was supposedly given two options: recuse herself on such issues for at least a year; or, alternatively, give the money back. In November, she chose the latter.

We don’t know our cloaca from a hole in the ground.

Nothing more was said of this until the idiot Walk on Wilshire was up for a vote. At this point The issue of the pay-to-play statute came up again in the bone-headed precincts of Fullerton BooHooville, prompted by who knows who. The reason? Bushala and Mr. Cigar Guy both opposed the continued closure of Wilshire Avenue.

Picture this…

For some reason the City Manager Eric Levitt (according to the Kennedy Sisters of the Fullerton Observer) told them he believed the Valencia contribution return was in process, when it had been accomplished 6-8 weeks before. The fact that he even responded at all gave the boohoos confidence in their brand-new, trumped up “issue.”

And guess what? None of it even mattered!

That’s right. The vote on Walk on Wilshire had nothing to do with the pay-to-play law. Nothing. Nada. Zilch. Zip. Zero. A layman could (and FFFF did) see that. No one was getting a license, a permit or a contract award; no one was getting an agreement or an entitlement. Citizens with opinions were simply giving them about a City directed action – not their own. It was so obvious. But not to Dick Jones, for some inexplicable reason. Was it ineptitude, laziness, or was there an ulterior motive? Who knows?

Why write about news when you can try to make your own! (Photo by Julie Leopo/Voice of OC)

Meantime, Fullerton BooHoo and the Fullerton Observer got into high dudgeon over the non-issue, and also whether the money had been given back to the contributors. They tried hard to craft a corruption scandal. “Questions were being asked,” the Kennedy Sisters huffed and puffed, their erectile hairs stiffened. Their nincompoop followers raised the issue at the council meeting in question. But in the end it was irrelevant gums flapping.

Now for the fun part. Guess what? The identical issue had already been raised last fall by City of Palo Alto Councilmember Patrick Burt. About what? The issue was a controversial, City-created street closure vote! What are the odds? Mr. Burt inquired of the FPPC whether such a vote fell under the purview of the pay-to-play law.

Here’s the FPPC decision letter in the Palo Alto case.

If you don’t want to read the whole letter, here’s the conclusion:

CONCLUSION
No, decisions by the Palo Alto City Council to permanently close the specified downtown
areas to car traffic are not entitlement for use proceedings subject to Section 84308. The City
Council initiated the actions to close these areas permanently to car traffic. The facts indicate that
the interests impacted by the closures will be many and diverse. Furthermore, the closures were not
applied for, nor have entitlements for use been formally or informally requested by any party to
date, and the decisions do not involve a contract between the City and any party.

As you can see, the reply was succinct, and the answer was no, just like FFFF had said. Why didn’t Dick Jones know this? Why, indeed. This was a very important finding for those in the political arena – like Jones himself.

Poor Ms. Valencia was caused to publicly explain herself and her return of the campaign cash when she didn’t have to. That alone would cause me to cut loose the useless dumpster fire known as Jones and Mayer for their blatant incompetence.

Jamie Valencia wants to Reduce Public Comment Time

Jamie Valencia, an unknown variable…

At the last Fullerton City Council meeting, newly elected 4th District representative Jamie Valencia proposed reducing the time allotted to each general public commenter from three to two minutes. Her reasoning was to produce more efficient meetings. The motion failed 3-2 with Nick Dunlap, in what seems to be a trend, voting with Ahmad Zahra and Shana Charles – the Council’s two obnoxious moralistic pontificators.

The speakers present at the meeting objected, as well they might. That’s because many of them are constantly haranguing the Council majority about this or that, enjoying three minutes to blather away.

And of course the semi-literate Skaskia Kennedy at the Fullerton Observer couldn’t resist angry editorializing:

In an apparent disregard for public engagement, newly elected District 4 councilmember Jamie Valencia made a motion to reduce the time allotted for each public commentor (sic) to speak at the start of city council meetings from three to two minutes.

The general thrust of the opposition to the motion was that this proposal was an affront to public engagement, public participation, etc., etc.

Now, these are the same people who, if given three minutes will use it up, in pointless repetition, non sequitur, and in one recent case, a minute of silence just to annoy everybody.

On the face of it, Ms. Valencia’s proposal seemed like bad politics, and maybe it was.

What seems to be missing here on the part of Dunlap, Zahra and Charles is the understanding that these speakers are members of the public, but are not “the public.” They have been chosen by nobody but themselves, and represent nobody but themselves. Some of them are driven by some inner impulse to share their mental gyrations about something or other and, if given 180 seconds, will use them all.

But, hey, wait just a second. Why must all the other members of the public in attendance, or watching online be subjected to 180 seconds of the same nonsense over and over again? Why can’t everybody else enjoy shorter, better run meetings?

No one is claiming that the right to speak at a meeting be eliminated, or that “engagement” be ended. But why not make these folk distill their comments into something more concise, more relevant and more intelligent? My own attitude is that if you can’t express a general observation, complaint, or even irrelevant philosophizing into two minutes, then there’s something wrong with you.

What Does Fullerton’s Future Hold In Store For Dick Jones?

dick-jones
Staying awake long enough to break the law…

I don’t have the answer. Not yet anyway. But I know that the “I Can’t Believe It’s a Law Firm” of Jones and Mayer has been making bank on Fullerton for over 25 years as City Attorney. And I know that that the dismal legal counsel has impoverished the taxpayers of Fullerton plenty over the two and a half decades. I’m not going to recite the litany of legal failures we can lay at Jones’s doorstep – not yet anyway; we’ve already been doing that for years.

For reasons that escape Council watchers, Dick Jones somehow managed to escape getting the boot between 2020 and 2024, and I can’t think of anybody outside the Council who knows exactly why. Generally we can conclude that at least one member of the Whitaker, Dunlap, Jung triumvirate was protecting Jones and his minions, since it is incomprehensible that either Ahmad Zahra or Shana Charles would dump this chump.

Jail is for the little people…

Dick Jones is nothing if not a politician, playing the angles to keep at least three council persons happy at any one time, even alongside legal debacle after legal debacle. It’s worked through 4 different decades thanks to Fullerton being Fullerton. The Old Guard didn’t care and didn’t want to cause trouble; they were easy to push and persuade without too much trouble. The lamebrains like Leland Wilson and Mike Clesceri were afraid of their own shadows. Norby, I’m told, was just happy that the job was outsourced. The other dopes like Pam Keller, Sharon Quirk and Jesus Quirk-Silva could not have conceived of anybody holding Jones responsible for the legal advice he dispensed. For a fixer like Jennifer Fitzgerald he was the perfect running buddy, trying to accommodate anything she wanted.

Is Jones & Mayer still have a pulse?

Well, now Whitaker is gone, and if he was the fly in the ointment for the past 4 years, we may soon find out. Will Council newcomer Jamie Valencia take an independent stand and actually review Jones and Mayer’s record of failure? I sure hope so. It’s time that the City Attorney started giving out advice that avoids lawsuits instead of getting into them, with the result that he gets paid even more for failure.

I don’t know if Ms. Valencia reads this blog, but if so I sure hope she follows that link, above. She would find stories of Jones & Mayer’s incompetence, self-service, and ghastly legal decisions that have harassed Fullerton citizens, given away public resources and cost the taxpayers millions going back 25 years.

I’m sure Jonesy has already tried hard to wheedle himself into Valencia’s good graces, because that’s what he has always done. Will she go for it?

Hanging on to Fullerton should be a big deal to Jones and Mayer in terms of the future legal partnership. And I’m sure Jones figures that the loss of Fullerton could jeopardize his jobs in other cities like Westminster, La Habra, and Costa Mesa. True, Jones is 75 years old and may not even care anymore. Still, the firm must go on, and the junior partners such as the terrier-like Kim Barlow and the obnoxious hand-job lawyer, Gregory Palmer may still have a few years of legal bungling ahead of them.