Lively Young Elijah Does Battle With the City of Fullerton

All this thinking can give a youngster a headache.

The other day I shared the City Attorney’s response to unfounded allegations and threats the tender, green bud, Elijah Manassero, made about the Santa Fe Depot lease. His mission is to connect Mayor Fred Jung to bad decisions, even when they are not bad decisions. He’s been working hard at it with his friends “Dr.” Ahmad Zahra and the Kennedy Sisterhood Coven.

Some cynical folks are saying sweet Elijah is working on behalf of the Buena Park carpertbagger, Connor Traut, seen above with his close personal mentor, Jordan Brandman.

Therefore it is no surprise that sweet young Elijah refuses to be educated in the ways of municipal legal thinking and submitted a response to the response. In his response he stubbornly refuses to understand that a breech isn’t a default; and something nobody cared about hardly merits his conniption. Moreover, if the City thinks historic plaster restoration is within its purview, it has the latitude to do so.

Dear Mr. Bettenhausen,

Thank you for your response. I appreciate your office’s willingness to engage on this matter.

That said, your reply raises serious concerns that warrant clarification.

Your letter states that “notice and cure” must occur before a default is recognized. However, Section 6(e) of the lease amendment plainly states that “If Tenant is in default (beyond applicable notice and cure periods), the Third Extension Term… shall not commence.” The City was made aware, before approving the amendment, that:

  • Mr. Bushala admitted to a sublease on the record,
  • Staff publicly acknowledged having no record of any authorized sublease, and
  • The City had already incurred costs repairing the tenant’s plaster, repairs that are the tenant’s contractual obligation under both the original lease and the 2025 amendment.

In short, Council knowingly proceeded with lease approval while credible evidence of an uncured default was in plain view. That is a failure of due diligence and, arguably, of the lease itself. Whether or not the lease term technically commences until 2027 is beside the point, the City has bound itself to a long-term extension with a tenant under active investigation for breach. That defeats the purpose of the default clause entirely and undermines the City’s leverage.

I also note that between the prior version of the lease and the final version adopted, Section 8(g) was materially altered. The earlier version allowed the City to terminate the entire lease if the tenant failed to construct agreed improvements within five years. The final version, however, softens that enforcement mechanism, allowing only for loss of the 13-year extension, not lease termination.

The modification to Section 8(g), which weakens the City’s enforcement authority and softens default penalties, represents a material change in the terms of the lease, if not the price. As such, it triggers public disclosure and review requirements under Government Code §54956.8, which applies to leases of public property involving ‘price and terms of payment.’ To my knowledge, this change was not discussed by Council in open session or disclosed to the public prior to final adoption.

You argue the City may fund ADA improvements on its own property. While I agree in principle, the repairs at issue, including the plaster restoration inside the leased premises, are explicitly listed as tenant responsibilities under both the 1992 lease and the 2025 amendment. Public funds should not be used to subsidize private tenant obligations, especially under a lease that explicitly absolves the City of those duties. If the City chooses to assume those costs anyway, it is:

  • Waiving a breach of lease without formal Council action or public justification, and
  • Potentially engaging in a gift of public funds under Article XVI, Section 6 of the California Constitution.

I had hoped the City would proactively enforce its rights under the lease. Instead, your office appears to be shielding the Council’s actions under the narrowest possible reading of the agreement, despite clear signs of default, fiscal exposure, and procedural irregularity. I intend to proceed with a formal Brown Act “Cure and Correct” demand based on the post-continuance modification of lease terms and other irregularities cited above.

If your office or the City has documentation or a timeline that explains how the Section 8(g) change was reviewed or approved by Council in open session, I welcome it.

Sincerely,
Elijah Manassero
Fullerton Resident

Well there you have it. Like a small, angry child with a drum, delicate Elijah intends to keep banging out the same noise until somebody responds and gives him a cookie. However, there is no default. There is no fiscal exposure. Any irregularities were de minimis, have already been cured, and have nothing to do with a lease extension that won’t occur for another two years.

None of this boy’s accusations mean anything. The City’s own lawyer has said so. Repeating the same thing isn’t going to help. Of course tender Elijah doesn’t care that his buzzing about is actually costing the public he pretends to care so much about. We have to pay Jones and Meyer to deal with fresh Elijah. Think about that for a second.

I hope Jones and Mayer are told by the Council to drop this correspondence with the delicate sprout. He doesn’t deserve a response, not even to tell him to shove it.

.

Ask A Lawyer©

So young, so innocent…

A lot has been made by fresh young Elijah Manaserro, his mentor Ahmad Zahra and the Kennedy Coven about the issue of Albert Bushala’s lawsuit against his brothers and its potential impact on the Santa Fe Depot lease.

We here at FFFF have continually reminded folks that it doesn’t have any bearing at all. It’s a fake issue. The City’s lease is with the corporation Bushala Brothers, Inc., and BBI still exists as a corporate entity with officers and everything. It pays its rent to the City of Fullerton. If they fail to do so, it would be adios.

Young Elijah pops up in the garden…

Yet Zahra and his minions, including the lively and tender young Elijah continue to peddle the non-issue.

So we decided to consult a lawyer with a lot of experience in public property leases. He is Jonathan Goldblatt, Esq. and has dealt with lots of these contracts for his clients over the years. Here is what Mr. Goldblatt had to say:

You requested a legal opinion regarding the impact of Al Bushala’s involvement in the original lease agreement in light of his lawsuit against the Bushala family and specifically the Bushala Brothers, Inc. (the “Tenant”).   There should be no impact.   The City’s agreement is with the Tenant entity.  Two family members, in their capacity as officers of the Tenant entity signed the recently approved amendment and represented in writing that they had authority to so sign on behalf of the Tenant. That is sufficient to legally bind the Tenant and allow the City to enforce the lease.  After reviewing the current complaint in that case, there is no cause of action would would invalidate the lease or the amendment. 

I’m not biased, I’m not biased, I’m not biased.

So the lease is safe – enforceable, and the City’s interests protected.

That’s pretty damn clear, unless some political or personal vendetta is driving your allegations; or your desire to play politics in a deeper end of the pool than you’re used to swimming in. That means Zahra and fresh young Elijah.

The Latest in Fullerton Fashion

A Friend has sent in some images to FFFF of summer wear that may become a fad in Fullerton. Obverso we find pictures of Fullerton City Councilman Ahmad Zahra, the first gay, Muslim councilman in the history of the USA, so he says. Pictured next to him is his one-time wife, Michelle Salmon, the Arkansas woman he married just after coming to the country.

We are reminded of the strange case of a gay, penniless, Syrian immigrant with no job and no prospects hooking up an American woman. Naturally, it didn’t work out.

Verso we discover a facsimile of the happy newlyweds’ marriage license hot off the Pulaski County press.

Will these be appearing at council meetings this summer? They won’t work for me because I have four legs, but they sure look good enough for me to pee on.

Lies, Damned Lies, And No Statistics

Zahra-Busted
Time to come clean…..

One of the curiosities that emerged from the Bushala depot lease hearing at Tuesday’s Fullerton City Council meeting was a letter from the Bushalas’ lawyer demanding Councilman Ahmad Zahra to recuse himself. Why? Because he is biased against them, as indicated by numerous derogatory comments about their supposed negative influence on the Council majority. Here’s the letter, sent to Zahra on Tuesday afternoon.

At the outset of the meeting Zahra innocently claimed his impartiality and lack of animosity to the Bushalas, a claim that his past behavior has shown to be false, and that his behavior that very night was to belie. Anyone watching the charter city hearing, and watching Zahra’s ten minute meltdown, knows this.

Zahra began to question staff about all sorts of details in the existing and proposed lease amendment; about staff’s procedures in negotiating, etc. a strategy never before displayed by Zahra when it came to dozens and dozens of previous lease agreements he approved on the nod.

Zahra’s behavior didn’t escape the notice of two public commenters who took him to task for his blatant bias, observing that he never before showed much, if any interest in the details of lease agreements set before him, most of which were passed on the consent calendar.

That can’t be good…

Later, Zahra felt the need to defend himself. The subsequent speech explained his constant attention to details and outlined his incredible diligence looking out for the welfare of the “people.” Mayor Jung felt constrained to point out the disastrous “boutique hotel” vote of Zahra and Charles, in which conmen were essentially the beneficiaries of a massive gift of public funds – obviously no due diligence had been performed by either Charles or Zahra before they voted for the boondoggle.

“Tam. Smell that smell…

My own favorite Zahra dereliction was the proposed “fish farm” in which a closed public park was to be illegally converted into a private event center with a fish tank in the middle. Remember? The unsolicited proposer had no money to pay rent or even possessory interest tax, and no collateral to get a loan; there was no parking; instead of thinking about the impact on the neighbors, Zahra even dragged up some of his toadies to gargle about trees and green space, not noise and lack of parking. All the details would be figured out later, said Zahra. The Big Idea, not the details were what was important.

Santa Fe Depot Lease Amended. Fullerton BooHoo Faux Outraged

On the docket…

Last night the Fullerton City Council voted 3-2 to amend the lease at the historic train station between the City and Bushala Brother, Inc. (BBI). Jung, Dunlap, and Valencia voted yes. Charles and Zahra no. The later tried to obfuscate and stall, but to no avail.

The Fullerton Observer and its brand new “writers” – political flacks Sweet Young Elijah Manassero and Steve Sherry tried their gosh darndest to mobilize a wave Observer troops to oppose the deal. In the end only a small ripple washed up on the sand to repeat the bullshit talking points they had been fed by Zahra and the Kennedy Sisters.

An advocate for retired real estate brokers…

Comically, some of the self-appointed experts on commercial real estate were the near-homeless council regulars.

Mayor Jung did a good job upfront of clarifying some of the misinformation being peddled, to Zahra’s obvious annoyance.

Staff did an okay good job defending their negotiations against the disingenuous questioning of Ahmad Zahra who kept trying to compare the depot with completely different agreements on completely different properties. Zahra had been challenged for his (in)ability to be impartial and then showed to everybody that he was not impartial at all.

Wants fine dining…

Sheena Charles wanted to talk to the Bushalas about the fact that no restaurant had ever appeared on the loading dock; she made the mistake of engaging George Bushala, Jr. in a conversation that ended in a comical overtalk exchange that left this viewer gasping for air.

According to Bushala, City staff had been causing problems for decades and had been using delaying tactics for years; and of course there was the obvious problem of the piece of loading dock not in the original lease is physically connected to the Bushala portion of the dock – a deterrent to development.

Spinning, spinning…

Dr. Sheena went to great lengths to act out her pretend astonishment. She bemoaned the lack of a “Trevor’s at the Tracks” like they have in San Juan Capistrano (I was immediately reminded of the idiot lefties who periodically demand the City bring a Trader Joe’s into town). She also wanted to know why the wealthy Bushalas (she is just a poor renter, she reminded everybody) wouldn’t give back a piece of gross sales as a sort of philanthropic gesture, I guess.

Mr. Bushala casually suggested her ignorance and confusion demonstrated: “that’s why you do what you do, and I do what I do.”

How dare you! I’m offended!

In the end Zahra pulled his usual “I have questions” that are nothing other than self-righteous speechifying – even interrupting Jung as the latter made a motion to approve the item. After a substitute motion by Sheena and Zahra to keep yakking it up failed, the original motion was approved and the deal was done.

Older Kennedy Sister Reveals Plan

So young, so innocent…

Yesterday Sharon Kennedy published a post by tender young Elijah Manassero – Part 2 of what is supposed to be a damning legal revelation against the Bushala family. It’s really the wild product of an angry man-child against all of his relatives, but no matter. The point of the post is to try to make Tony and George Bushala look bad to Fullerton Boohoo, and at the same time call into question the upcoming lease agreement between Bushala Brothers, Inc. and the City of Fullerton at the Depot.

Giving honesty the middle finger…

Sharon Kennedy telegraphed this intent by making the following comment on her own blog:

This is clearly supposed to be a talking point for the usual gaggle who loudly harass the City Council majority at every meeting over some silly grievance or other.

Zahra Congratulates Marovic for his lawsuit…against us.

It’s funny how nobody evert hears from Fullerton Boohoo about the legal entanglements surrounding Mario Marovic’s stolen sidewalk or about the legal entanglements and bankruptcies that enveloped Johnny Lu and Larry Liu before the entitled land for the so-called boutique hotel/rabbit warren apartments was essentially gifted to the grifters. That would require intellectual and moral consistency, two qualities sorely missing from Fullerton Observers.

That can’t be good…

Well, the item is on the agenda for next Tuesday, so we can expect a vocal shrieking from the banshees Sharon Kennedy and her younger sister, Skakia intend to call out.

Offering employment to the youth of OC…

And I would be remiss if I didn’t point out (again) the secondary, perhaps primary purpose of the Kennedy Klan’s plan: to create fodder for next year’s campaign for County Supervisor, in which fresh young Elijah’s (alleged) boss, Connor Traut is running against Fullerton Boohoo Public Enemy #1 – Fullerton Mayor Fred Jung.

The Noser

In defeat, malice…

There’s something sad about an old woman who is slow-witted, vulgar, and mad.

Of course I’m talking about Vivian “Cannabis Kitty” Jaramillo, the woman who lost the election in Fullerton’s 4th District last year to Jamie Valencia, who happens to be smart, classy and good natured.

Jaramillo posted her take on the idiot Trail to Nowhere© that had a “groundbreaking” party last week.

Naturally, the bad sport has to take a shot at the “majority” that wanted to “obliterate” the ridiculous waste of money and it’s too bad they didn’t, like they should have. After all, the price tag to the City for this boondoggle exploded by 250% since the original grant application. Naturally, the ever-cultured Jaramillo made reference to them having a “hair up their butt,” giving us yet one more reason to be grateful that this uncouth harridan and her dope lobby supporters lost.

Well, according to Jaramillo, Egleth Nunnci led a charge, creating an unforgettable mental image.

Egleth quotation: “I don’t like to run or walk…”

But the most entertaining part of the the Jaramillo post was this picture of Ahmad Zahra, speechifying about the wonders of his pet project, a project that will die an orphan when it is shut down after a murder or two.

Zahra is a Noser, alright, as indicated by the graffiti behind him. Of the several definitions, the one that is preceded by the word “brown” seems really appropriate. And so for that, at least, we thank you Cannabis Kitty. Of course the irony of the rampant defacement of property along the railroad right-of-way escaped the attention of Jaramillo.

Sweet Elijah Gets Nasty. And He’s Still Wrong

So young, so innocent…

Our new friend, sweet young Elijah Manassero, has written a letter to selected Fullerton City Councilmembers and FFFF got a copy. This communication is very is ignorant and confrontational; and if the writer thinks it is going to persuade through reason or threat, he’s sadly mistaken.

The topic is the Bushala lease revision at the Santa Fe Depot that would be expanded to include the abandonned loading dock area. Here’s what tender, innocent Elijah had to say to Councilman Nick Dunlap:

Dear City Council,

I’m writing to express deep concern about the lease agreement approved for Mr. Tony Bushala. The terms are lopsided, irresponsible, and betray the values you claim to uphold: fiscal responsibility, transparency, and local control.

Worse, they come in the context of political donations from the very party benefitting. This is a breach of public trust.

Councilmember Dunlap,
With your background in commercial real estate, you know how bad this deal is.

Section 10 of the agreement allows Bushala to assign or sublease the lease to any entity controlled by George, Tony, or Salma Bushala, including shell companies. This eliminates oversight, obstructs transparency, and gives one political donor unchecked long-term control over public property.

Even more troubling: the lease includes rent credits that discount the already-low rent by up to 75%. That means Bushala can pay pennies on the dollar and then turn around and sublease to a third party at market rate, pocketing the profit with little obligation to improve the property. The City receives nothing from this resale.

You know this isn’t standard in municipal leases. Cities typically reserve the right to renegotiate when property is flipped for private gain. That clause is missing. The power to cancel a lease or require public bidding? Gone. That’s not fiscal responsibility. It’s a giveaway.

This lease is also next to the development, The Tracks at Fullerton Station, which makes the low rent and numerous benefits even more egregious. Mr. Bushala can lock-in a low payment now, before major development takes place which will raise the value of the surrounding area.

You say you believe in local control. But locking the public out of a city-owned property next to a major transit hub until 2060, while giving control to a donor network, is the opposite of local control. It’s donor control.

Ah, poor, sweet boy. Completely uninformed; and he doesn’t let ignorance interfere with the enthusiastic gush of opinion. Elijah wants to come across as knowledgeable and yet shows his political motivations at every misstatement. He’s obviously Ahamad Zahra’s latest toy, and he shows it.

It’s a bad deal because Elijah was told it was.

  1. The term “shell company” nonsense is rolled out for sensational and perjorative effect. Really the object here is to secure and expedite future assignment rights for the leasee, acceptable to the landlord, too. There is nothing illicit or objectionabl about this; it’s not uncommon.
  2. Excitable young Elijah’s next objection (he’s even more troubled!) is a “rent credit” of 75% – lowering the rent even more. Poor, sad Elijah. He’s referring to the construction rent credit that offsets rent by applying the contruction cost to rent over a long time. But the poor boy misunsterdands (or pretends to). The 75% figure refers to the qualifying amout of the credit – 75% of the construction cost – agreed to by the City. Construction rent credits are not rare, in fact they are used all the time, althought young Manassero doesn’t know anything about it. At the end of the lease the owner gets a built facility, in this case commercial/retail space in the otherwise useless loading dock. And, by the way, how does this impressionable sprout know what’s “standard” in any sort of lease?
  3. Newly blossomed Elijah seems to think that something is being “flipped” and a “resale” is going on. Oh, well, how can you even respond to nonsense like that?
  4. Finally! The young bud mentions “The Tracks at Fullerton Station” a project that will make the Bushala’s “low rent” even more “irresponsible”egregious.” How, Elijah doesn’t say. And he doesn’t mention that “The Track” developers are convicted conmen, have missed all of their required milestones, and are embroiled in a lawsuit with the heirs and assigns of the original mastermind, Craig Hostert. And Elijah isn’t done omitting facts, probably because Zahra never told the eager youngster: “The Tracks” (that Zahra voted for) amounted to a fantastic giveaway, entitling property that increased in value geometrically and was concurrently sold (by Zahra, again) for 6 cents on the dollar: a real giveaway. Naturally, the land involved was never offered to the public in the form of a developers RFQ. Finally, if “The Tracks” ever happens I’ll fly with callow Elijah to the moon on gossamer wings.
  5. Our puerile interlocutor wraps up by asserting that the lease will somehow “lock out” the public from a city-owned property. I have no idea what this means. We could guess what Elijah means, or what he thinks he means, but really, why bother?
Nick Dunlap

Nick Dunlap is involved in commercial real estate. As such he knows that the Santa Fe Depot space is highly unique and not in the way typical real estate types use the phrase. The three parts, not counting the loading dock, are comparatively small, noncontiguous areas that are hard to lease; the Bushala’s are also responsible for a share of the maintenance that would otherwise be paid for by the public. The Loading Dock is of no use to anybody but the Bushalas: there is no access to the dock except through their existing leasehold. In other words the rents here are not comparable to other properties downtown and certainly not to any other city leases. Dunlap surely knows all this, even if sweet, young Elijah and the Kennedy Sisters and Zahra don’t.

The public’s trust is not being “breached” as asserted in young Elijah’s attempt to make his rhetoric take flight. It’s actually being tended to in a way that will generate sales and property taxes to the city and to the county.

Things That Start with “Union Pacific”

These things never seem to go well in Fullerton.

The trees won’t block the view…

Apparently the Union Pacific Trail disaster-in-the-making has lost another month – groundbreaking on July 2nd, as reported by Sanka Kennedy of the Fullerton Observer Kennedy Sisters. She fails to remind her followers that the project completion, including plant establishment is the end of October per the agreement with the bankrollers of the project, the incurious and somnolent State Natural Resources Agency. This bureaucracy is much better at handing out free money than they are securing its efficacious expenditure.

Congratulations all around.

Maybe the less said, the better…

In another Union Pacific story, Siaska tells about a workshop of some sort to gin up ideas for renovating Union Pacific park, the dismal space purchased by the City in 2000 without benefit of environmental testing. The first park was a drug addled, gang infested disaster and closed even after soils remediation and a cost of $3,000,000. Since nothing has changed there is no reason to suspect a new park will succeed any better than the old. But pickleball courts are in high demand in the barrio!

Skasia misinforms readers that the remediation issue took place in 2014, probably so as to cushion the shock of the real truth: the park was built, closed because of contamination, remediated in the 2000s and not opened again because nobody wanted it reopened – especially the people who wasted all that money in the first place.

Sankia reminds us that a committee was formed to review this park four years ago, but not that it dissolved into nothingness as these committees always do. Start over, says the City, the land is your canvas,and toy hardhats for everybody, and whatever happens, don’t look in the rear-view mirror. Here’s my favorite line:

“The initiative, which seeks to reinvigorate the family-oriented neighborhood, has been in the works since discussions about the park’s redesign began in 2019.”

A family oriented neighborhood? As opposed to what? The truth is that discussion of reopening the park came from Fred Jung who was disgusted by the whole disaster of the “Poison Park.”

Digging back to 2023 Kennedy found the ever quotable “Dr.” Ahmad Zahra to lend HIS vast knowledge of his district:

District 5 representative, Council Member Dr. Ahmad Zahra expressed his support at the City Council Meeting in October 2023, highlighting the project’s importance: “Many residents in that area have seen an entire generation of children grow up without access to a park.”

Go play on the tracks for all I care!

What a load of utter bullshit. The residents of “that area” have free and unfettered access to Independence Park, Richman Park and Lemon Park. If you believed Zahra you’d have to conclude the kids in the ‘hood were living in plywood crates in a Tijuana slum.

Naturally, Skaisa omits reference to Zahra’s 2021 vote to turn the park space into a private event center, a bone-headed and illegal move. But, again, Fullertonions, we don’t dwell on the past here. Forward to the Future.

The Depot Lease Part 2; Utter Hypocrisy in Boohooville

On Tuesday the Bushala Depot lease agreement was not voted upon. It item was continued until July 15th.

But that didn’t keep a gaggle of Zahra followers from trying to continue the narrative of subsidies and below market rate rent.

Young and innocent…

Our new friend, tender young thing Elijah Manaserro, local scholar, was there to do just that. And a few other callers in.

Representing the bus drivers, the homeless, the CSUF students and all the little people…

My favorite speaker was the itinerant pest Curtis Gamble, whose near homelessness makes him qualified to opine on real estate deals.

How dare you!

When public comments were done, Zahra showed his role as coordinator of the opposition. He wanted comparative market rates, he said; there won’t be any, but okay, fair enough. But then he displayed his fundamental ignorance by including agreements with The Summit Restaurant and the Boys and Girls Club – completely different properties.

On the docket…

The fact is that the Santa Fe Depot doesn’t have any “comps” in Orange County. The historic building is is unique and made up of several disparate areas, each of pretty small space; in other words, hard to rent out. And the Loading Dock, proposed for inclusion in a revised overall lease, is only connected to an area already leased by the Bushalas. Adaptive reuse will require a huge outlay of money to effect structural reinforcement, enclosure and interior finishes. And because there is no place for kitchen or restrooms, it is functionally useless for anybody except the Bushalas who have ten year lease extension options.

Enhanced with genuine brick veneer!

Here’s the hypocrisy part. Remember the ill-fate “boutique hotel/monster apartment,” an unsolicited proposal with no RFP, no RFQ, no RF-anything? Do you remember any of Fullerton BooHoo raising Hell about that? Me neither. I do remember that Ahmad Zahra and Shana Charles voted to give con-men Johnny Lu and Larry Liu a $14,000,000 price subsidy on a parcel they upzoned themselves. Talk about short-term memory loss.

Hopefully when this item returns, staff will explain (based on their extensive expertise) the expertise Fullerton Boohoo is always praising – that the deal they negotiated is not a subsidy and that rather than losing money, the deal will bring in tax revenue to the City and to the County; and that letting the Loading Dock fall down doesn’t help anybody – even those taxpayers Zahra and Charles pretend to care so much about.