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.

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.

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.

Markowitz Cops Plea

Patsy Markowitz. Left holding the empty bag.

According to the OC Register, phony 4th District candidate, Scott Markowitz pleaded guilty yesterday. In exchange for the plea Markowitz gets a day in jail, probation and a month of community service. Felony charges are dismissed by DA Todd Spitzer.

I’ve never seen the wheels of justice grind out a product so quickly.

But what is the product?

As FFFF writers and commenters have noted, Markowitz’s fate was largely irrelevant given that the whole thing was orchestrated by others connected to the cause of electing Vivian “Kitty” Jaramillo, including politicians and Democrat operatives.

Since prosecutors are not given to giving anything away I think we can speculate that Markowitz named a name. Or two. We may surmise, I think, that the investigation into who set Markowitz up in the first place is ongoing. On the other hand this sort of case is probably perceived by the DA as a hassle without a lot of glamor and some potential political pushback from Dems he needs in a non-partisan election.

As to Markowitz, maybe we can let the poor sap get on with his life, free of the encumbrance of a felony rap.

The 2024 4th District Election

As the Friends know, Fullerton’s First, Second and Fourth City Council District representative jobs are up for election this fall. And while it’s a little early to speculate on who’s going to run and what the outcome might be, it’s fun to do a little introductory review.

Dunlap-Jung

Incumbents Fred Jung and Nick Dunlap are incumbents in the First and Second Districts, respectively. If they want to run again, and I haven’t heard they won’t, the power of incumbency is hard to beat.

Going, going, gone…

The Fourth District, currently represented by Bruce Whitaker will be wide open. Whitaker is termed out after 12 long years on the Council and his replacement will decide the balance of the Council if Dunlap and Jung run, and are re-elected. The current 3-2 division is based on ideological difference, the difference is between looking out for the taxpayers – at least once in a while – and doing whatever idiocy the bureaucracy wants to perpetrate.

Yes, I do so live here.

At this point the candidate pool seems weak. Last time Whitaker squeaked by past a dude named Aruni Thakur, a school board member who didn’t live in the district. Could Thakur do the (fake) carpetbagger routine? He had the full support of the unions and the County Democrat Party four years ago, but it wasn’t enough for poor Aruni, who was hammered with his carpetbaggery. With no incumbent this time around his political greed might pull him in.

Vivian “Kitty” Jaramillo

Then there is a woman named Vivian “Kitty” Jaramillo, an individual who has made a nuisance of herself recently attacking the Council majority with the usual feigned outrage. Ms. Jaramillo is retired from “work” as a life-long municipal employee whose professional career started in Fullerton handing out parking tickets and graduated into being a code enforcement busybody. She would be a perfectly reliable yes vote for anything floated by city staff, and just the sort of running buddy Ahmad Zahra dreams about to support a sales tax. Word on the street is that the OC Dems are already behind her candidacy, which would preclude the aforementioned Thakur from getting involved.

Jaramillo ran for the City Council in 2012 and came in 7th in a city-wide election. Two years ago she was appointed to the redistricting committee where she championed the failed, ridiculous district map meant to keep the lamentable knucklehead Jesus Quirk-Silva in office.

Jaramillo’s other claim to fame, besides pestering the City Council these days, is suing the City in 2015 to create city council districts – very likely so she could run herself someday when Whitaker termed out.

So far no one from a more responsible philosophical perspective has raised their hand in D4, but as noted above, it’s still early in the year and filing doesn’t take place for almost another five months.

Trail to Nowhere Pests Throw Party

A Friend just forwarded notice that something called South Fullerton Community is holding a “recognition” celebration this Saturday. The cause? Recognizing “community leaders” for succeeding in pestering, insulting and generally annoying Councilmembers Dunlap, Jung, and Whitaker until the latter finally caved in and approved the $1.7 million State grant to build a recreation trail through the middle of the worst industrially blighted, drug-riddled and gang infested strip in Orange County.

Hubris doesn’t seem to be something the South Fullerton Community folk worry about.

Of course this unheard of group was obviously created by and exists solely as a prop for Councilman Ahmad Zahra. Ironically, they won’t be holding their victory party anywhere near the site of the Trail to Nowhere. That would be a bummer for the celebration.

The announcement says that Assemblywoman Sharon Quirk Silva will be there to recognize the achievement, which makes sense because she doesn’t have any. Senator Josh Newman knows better than to bless this disaster-in-waiting by his presence; but maybe Gas Tax Josh doesn’t know better. This is the same guy who passed a regressive tax increase on his constituents the day before he left town for a Caribbean vacation.

And still the problems of the Trail to Nowhere appertain: a fraudulent grant application that omitted mention of contaminated soil and lied about the number of potential users; 10 active testing wells for trichlorethylene on the site; gang graffiti everywhere; homeless encampments; and of the cost of ongoing maintenance that no one has accounted for. Then there is the rosy, 5 year old budget that won’t get the deal done and will require additional money that could be used on other facilities.

RIP

Will any of the celebrants care about the true facts of the Trail to Nowhere? They haven’t so far. Will any of them stand up in a couple of years and apologize for the harebrained scheme? Of course not. All the people in charge of this mess know it as a fact that government has no rearview mirror and that mistakes may have been made (passive voice) but:

  1. Not enough money was spent.
  2. The people in charge have retired.
  3. Critical information was withheld by someone, possibly, but it was all a worthy gesture.
  4. It’s not a disaster it’s a victory!!
  5. Hindsight is 20/20.

Of course this being Fullerton the subject probably won’t come up at all, just as no one even bothers asking about the 20 year old embarrassment known as the Union Pacific Park.

I wonder if the party-givers have invited Messrs. Dunlap, Jung and Whitaker to their fete. They deserved to be recognized, too, and maybe even get a certificate of achievement.

I Think I’ve Seen This Movie

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

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

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

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

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

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

Maybe the less said, the better…

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

Suffering The Stolen Sidewalk Saga

Gone, but not quite forgotten…

Two months ago I reminded the Friends that the never-ending story of the stolen Commonwealth public sidewalk was alive and well. The provocation was a closed session agenda item listed as “significant exposure to litigation” between the City of Fullerton and Mr. Mario Marovic, the owner of the building at the northeast corner of Harbor and Commonwealth. Marovic had submitted some sort of claim against the good folk of Fullerton, often an aggressive gambit to stall and temporize.

Meet the new proprietor, same as the old proprietor…

A quick rehash of the facts: Marovic took over the space from the decamped Florentine crime family and immediately gained access to the “bump out” on the sidewalk; and he then began remodeling it along with the rest of the first floor space for his new bars. He had no authority to do so because, of course, the City acquired responsibility to dispose of the building add-on after the Florentine’s bugged out on their lease with the City. In his application for CUPs for the new bars Marovic even included the City owned space as his own.

In the late summer of 2022 Marovic was well-along with his remodel even though his CUP hadn’t been approved, but the issue of the egregious bump out resurfaced, thanks to FFFF. In September, 2022 the City and Marovic reached an agreement that was signed by Eric Leavitt, our esteemed City Manager, and not the Mayor at the time, Fred Jung.

The terms of the agreement were simple enough, and FFFF has shared them before. The thrust of the deal was that Marovic could open his new bars (including the bump out) and he would then undertake to remove the bump out and restore the public sidewalk. Here is the actual clause describing terms and deadlines of the deal:

As you can see, demolition was to have begun at the end of March, 2023 – almost ten months ago – and be the rework complete by July, 2023 – five months ago. Marovic opened his businesses, alright, but never started demolition, and probably didn’t meet any of the other deadlines, either.

A little late, Kimberly…

So when is an agreement not an agreement? Apparently, when it’s written and approved as to form and content by Kimberly Hall Barlow, the obnoxious member of Dick Joneses “I Can’t Believe It’s A Law Firm” crew.

I almost know what I’m doing…

It’s interesting to note that Barlow didn’t approve the six month old agreement until March, 2023 – 4 days before demolition was to supposed to have started.

Of course Dick Jones and his fine stable of attorneys have been bungling the case of the stolen sidewalk from the very beginning, including personal conflict of interest, embracing ludicrous legal rationale at the behest of the Florentines, and even countenancing forgery on an official City document by Joe Florentine.

Still, one has to wonder what our elected officials themselves have done about this. Clearly the unwillingness of the City to enforce a legal agreement, signed by Marovic stems from fear of legal action. But Marovic is undeniably in breach of the contract he voluntarily signed, even though there is zero evidence that it was signed in good faith.

The City can and should begin the process of revoking Marovic’s CUP, the permit that has allowed him to make a lot of money over the last 10 months while failing to live up to his side of the bargain. As owner of the bump out the City has every right, at least, to revoke the CUP that covers its own property, as gotten fraudulently.

The City can also notify Marovic that it intends to remove the building addition itself, since he won’t do it, and bill the scofflaw for the cost.

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

Of course neither of these remedies will take place, because this is Fullerton, where the elected officials are feckless and beholden to the Downtown Liquor Cartel; and because they insist on, decade after decade, following the dismal advice of Dick Jones.

The Cost of Calamity

The trail was expensive, but it sure was short…

Something that nobody has talked about when discussion of the controversial “Trail to Nowhere” occurs, is the inflation of construction cost in the 5 years since the grant application was submitted.

what’d that scary man say?

ENR cost indicies show a construction cost increase of 27% percent since December, 2019. It’s very fair to apply the same percentage for soft costs as they tend to closely follow the trajectory of hard construction cost. Ditto the cost that in-house “contract management” add to the budget, since that is a fixed percentage. This means a likely cost increase of $540,000 on the original estimate of $2,000,000 for the Trail to Nowhere, give or take.

Off we go, into the Wild Blue Yonder…

And the project still requires detailed working drawings and all the necessary permits. Then the mess has to be let out to bid, undergo bid review and contract award. Of course, if the bids blow the budget out of the water, more delay will ensue.

Abandon Ship!

Since the State Resources Agency grant allocation can be assumed to be fixed, this means that the City of Fullerton’s Park Dwelling Fund will be on the hook for over $800,000, with a concomitant hit to other, real park facility construction/improvements. And of course these numbers presuppose an accurate project budget to begin with, a presupposition I wouldn’t place a bet on.

Children at play…

Our City Council doesn’t seem to take this sort of thing into their thinking about the silly trail that no one will use, but it’s the kind of thing that should be ever-present in their minds. The problem is not only maintaining the linear park strip (as the City has proved completely incapable of on Phase I), but now of building Phase II at all.

Mr. Average Gets A Raise

What do you do when your City Manager is spectacularly unspectacular? If it’s Fullerton you give him a raise.

I’ll drink to that!

See, in Fullerton if you’re a City Manager who avoids getting drunk and driving over a tree before trying to evade the law, you’re doing pretty darn good.

Don’t let the amorphous shape fool you. Oh, wait…

And so Mr. Eric Levitt, who has been City Manager for less than 2 years is getting an 8% raise from $250,000 to $270,000. This gentleman is hardly any different than the two temps who preceded him and gives precisely the same deference to an incompetent collection of underlings. In the past 20 months he hasn’t shown any interests in establishing a corps of excellence – just the opposite in fact, and this must be cause for comfort for a City Council that thrives in a culture of not bad is outstanding – just try not to let us make ourselves look too bad.

Last year, the City Manager predicted dire economic issues ahead for Fullerton, massive deficits, of course; and by the end of 2023 Levitt had already started paving his own path of least resistance by hiring a public opinion pollster to drum up support for a general sales tax. This year’s mission will be to revive the ill-fated Measure S, give it a new letter from the alphabet, and let the cops and emergency medics pitch it to the public.

What a performance.