Thanks for the Three Firefighters, Mayor Ashleigh!
They won’t even need a pension.
(h/t Fred Sigala Jr.)
So, long story short, which it never is, the Anaheim Council – three weeks after balking at giving investigators JL Group another $750k on top of their first $750k to complete their independent city-financed report on Anaheim corruption – gave in and agreed to the extra money and time. But not before shaking their fists and letting JL know they’re not pushovers! As well they should have – on one level this was a contractor coming back and demanding twice as much as they said they’d get the job done for (after GETTING that job by being the lowest bidder!)
But on another level, this is the People of Anaheim’s Investigation – we demanded it and we are paying for it – so Council did the right thing to not cut it short. And there were plenty of angry and concerned residents there Tuesday night to remind them of that. (And we’ll discuss who exactly that movement was, while making fun of Matt Cunningham, down below!) But this also raises the question: Would this have turned out the way it did without enormous pressure from the public and the press?
Which brings up another thing – thousands of residents watched this in fascination, not only because we want the investigation completed but also because WE WANT TO KNOW WHAT SORT OF COUNCIL DO WE HAVE NOW? We are used to the worst, and have learned to EXPECT the worst. In the wake of Sidhu-gate we elected four new members who ran on a platform of “reform” (yes, even the two Natalies used that word!) Yet we also know that 4 of our 6 elected members were backed by hundreds of thousands from Disney and their PAC SOAR; and then they went and appointed a new member who was actually a SOAR Board director! And should we really expect that our City’s biggest special interest actually wants reform and transparency?
Well, maybe this Council is not QUITE as bad as we feared – much less bad than the last one – as THIS ONE APPARENTLY LISTENS TO THE PEOPLE (sometimes at least.) Remember Jordan Brandman, Harry Sidhu, Trevor O’Neil? They wouldn’t give a damn how many people showed up to complain about what they were doing. Oh, or Lucille Kring? She would look at 100 speakers all saying one thing and then claim “I got ten times as many e-mails saying the opposite, and they just don’t show up here because they’re afraid of YOU people!”
We’d been watching the new Council for telltale signs of Group Think, which in turn can be a sign of being run by a “CABAL” as previous Councils were. Remember? With the exception of Dr Moreno and sometimes Avelino, they’d all come to each meeting with their instructions and talking points digested, and anything the public said would hit impregnable plexiglass. CABALS give “Hall Passes” – meaning that 1-3 members are permitted to vote the correct, moral, popular way and look like good guys, as long as a majority is lined up to vote the other way. Would Hall Passes be granted and used on Feb. 28, we wondered?
The folks who LEAST want a full investigation are the Chamber of Commerce; and their blog spokesman Matt Cunningham (whom we will certainly ridicule below) provided them with plenty of talking points on his “Anaheim Obscurer“ – some of which we heard echoed on the dais, by members closely tied to the Chamber, all of whose first names begin with N.
But I knew we were winning when Natalie Meeks, the member who seemed most hostile last time, piped up, sounding like it was a done deal and only details of the Council’s acquiescence remained to be ironed out. (Even though the 2007-16 insider Meeks fretted aloud about the Statute of Limitations for various crimes JL was looking into, and again expressed hope that “good people” could have their names redacted from JL’s public report.)
Maybe it WAS pre-determined, maybe there WAS group-think, but for once that was in favor of what the people wanted. Not one member opposed extending the investigation to July 1 and doubling JL’s money, BUT it was necessary, a point of pride, for each to show they were not pushovers. In this spirit, several slings and arrows were dispatched in JL’s direction, some well-aimed, some far off mark, some rubbery. Let’s examine:
*********
🙂 1. It was a SHAKEDOWN! 🙂
- Shakedown, colloquial = extortion, especially through blackmail
- Extortion = the practice of obtaining something, especially money, through force or threats.
- Blackmail = the action, treated as a criminal offense, of demanding payment or another benefit from someone in return for not revealing compromising or damaging information about them.
The “Shakedown” narrative had its genesis on the far left of the dais with the West Anaheim councilmen, spreading and flowering eastward to Natalie Rubalcava who gave it its fullest and ripest expression.
First Jose Diaz, after making it clear that he supported continuing and funding the investigation (and thank you Jose), expressed as best he could that he felt inappropriately pressured by the two recent Voice of OC “profiles” of the Jeffs and the Judge. “Why? Why you did that? I don’t understand that,” Diaz forlornly asked investigator Jeff Love, who, after having the question repeated and clarified, answered “Well… it’s my RIGHT to do that, first off.” Diaz sank back in his chair, taken aback, as Love continued his explanation that the piece was only a “profile” that VOC requested to write.
But Carlos Leon had his fellow Westie’s back – even as he made the motion to approve the request for funds, he added, “I don’t appreciate the recent press coverage that, as Mr. Diaz said, appears to be driven as some way to stronghold the Council” [He probably meant “strongarm.”] He moved on from that, but the Shakedown meme was not yet fully developed.
Inching eastward, Natalie R took up the baton, enthusing with utterly cool sarcasm, “GREAT profile by the way – although the Voice of OC is not generally considered a ‘profile’ type of outlet.”
No People magazine, that VOC – I believe that was intended to be a zinger.
In Natalie’s world, the Voice is a tireless, tiresome, unfairly “partisan” critic of the establishment of which she is part. Natalie recited a quote Love had provided the Voice that she found particularly inappropriate and “sensationalistic,” and that was this:
“We have done investigations like this, but what we haven’t seen is the depth and breadth of all the tentacles involved… There are just numerous entities, nonprofits, organizations, different developers, different lobbyists, different players…”
Well, damn you, put yourself in poor Natalie’s shoes. She spent half her life in the OC Business Council, the last several years as its COO, the nonprofit has been good to her and it’s certainly one of the nonprofits Love is referring to, and now he is calling it a “TENTACLE!” No wonder this most aggressive of councilmembers was mad enough to accuse JL of orchestrating a “SHAKEDOWN” of the Council.
And the august Judge Clay Smith reacted with as much outrage as a retired jurist who is there requesting more money could muster: “I am extremely … EXTREMELY CONCERNED with your use of the term ‘SHAKEDOWN.'” .
And Natalie, apparently a lady who relishes rough play, DID NOT BACK OFF! Rather, interrupting the Judge, she shot back with subtle but unmistakable threats of “Breach of Contract” and a “new RFP” which would mean giving the work to some other firm.
Finally Judge Smith replied emphatically,
“I’d like to assure you that we have had no intent whatsoever to use the media, to bring any pressure, to exert any influence, on the City Council or anyone else. When the Voice of OC reached out to me, they did that through my firm Judicate West, and I declined, specifically for the reasons that you’re suggesting, because I assumed they wanted to do an interview about the investigation. And then it was clarified that what they wanted to do was a profile on me, as they did also on [the Jeffreys.]
“When I reflected on that, I felt that quite frankly it was IN THE INTEREST OF EVERYONE – the City, the residents and stakeholders of the city and everyone else, to just have a little better picture of WHO WE ARE. What our background is. How we came to be involved in this. I’m just going to speak regarding my own profile that appeared in the OC Voice [sic], I think it was limited to being a profile about me.”
And STILL Natalie went on arguing with the Judge, even as he skillfully refuted every sentence. You’d almost think (as rumor has it) that her old OCBC boss Lucy Dunn had charged her with stopping this investigation – the OCBC sure doesn’t want too much light shed – and Natalie was at least gonna go through the motions even as she intended to vote with the rest of the Council.
And somewhere in the midst of all that, THIS happened:
2. Natalie Plays the Vern Card
Yes, at precisely 6:03:37 in this video, Natalie played the Vern card. “You’ve been talking to Vern Nelson,” she charged the three investigators.
What could she have been thinking? It’s possible that, if she indeed thinks of the Anaheim people as Disney/Chamber-worshipping automatons, she may have been intending to strike fear into their hearts, by connecting this firm with the legendary rebel activist-blogger-musician. But it was a risky move.
Because at the same time, she was imbuing the trio with a glamorous je ne sais quoi of ribald, devil-may-care revolt, a patina of tireless adventure and Quixote-like idealism, a musky and bracing odor of masculine joie de vivre, and a riotous joyous sense of fun and humor, all the while undergirded by sturdy spine and flawless moral compass.
Judge Smith and the two Jeffreys, wisely, reacted to this Vern allegation with smug silence, folded arms and Mona Lisa smiles, as if to say, “SURE we talked to Vern Nelson – and we would do it again if the circumstances arose. Every day and twice on Sunday.”
3. Carlos Assigns Homework
It was Carlos Leon, the young, newly elected District 2 Councilman, who, to thunderous applause, made the motion to give in, continue, and fully fund the investigation, as the people and JL Group requested. But, NOT BEING A PUSHOVER, he gave one big stipulation – the trio must appear at EVERY COUNCIL MEETING from now till the July 1 completion date with a progress report.
It was little things like this that make me think that these guys aren’t planning things offstage together or taking orders. I’m sure that stipulation seemed firm and punitive to Carlos, but did he actually think it through?
Half the audience and half the dais began doing quick math in their heads. We KNOW how much these guys charge, and we’re sure they don’t drive up to our Council meetings and sit there for five hours for free. In fact, how much did it cost us to have the three of them there JUST THESE LAST TWO MEETINGS? And is that EXTRA money, or are these hours SUBTRACTED from their real work on our behalf? EITHER WAY!
Mayor Ashleigh quickly changed that stipulation to written reports twice a month, and Meeks reduced THAT to written reports ONCE a month. Good quick thinking, blond ladies from the Hills!
Other contributions, all coming from the three “N” women, seemed more like half-hearted attempts at sabotage, or else were just kind of dumb, and fell flat:
4. Nice Tries! (but no cigar.)
While the “Shakedown” meme seemed indigenous to the left side of the dais, the “Can’t we just hand it all over to Todd Spitzer?” meme originated on the right end with Meeks and Norma Kurtz – Norma being the newly appointed member who’s still a cipher to us. Let’s back up.
Todd Spitzer is the Orange County District Attorney, who – like his hated predecessor Rackauckas – has NEVER in six years shown any interest in political corruption, and who was just last week bitching to the Board of Supervisors that he doesn’t have enough resources to prosecute the real violent Bad Guys. Apparently he contacted our investigators in October (expressing some concern about Statutes of Limitations running out on some crimes they might be investigating), and our guys needed our permission to share their information with Todd, which they got.
But this discussion caused LIGHT BULBS to appear over the heads of Kurtz and Meeks – maybe, they mused, we can both save money and dodge a bullet by wrapping up this investigation just as it is, and sending it off to our dear DA Spitzer!
Close, but no cigar. JL gave plenty of good reasons why that was a bad idea, and Mayor Ashleigh, the “Former Federal Prosecutor,” was helpful as well. But the BIGGEST reason is, WHAT A WAY TO BURY IT ALL – HAND IT OVER TO TODD! (Was Todd aware that Kurtz and Meeks were thinking of that? Was it even maybe his idea?) If I turn out wrong and Todd DOES prosecute someone based on this investigation, I will be SO happy to eat my words and give him credit, but count on that happening? NEVER.
Then there was the other dear Natalie, of the Rubalcava variety, who mentioned that she “finds it odd” that our own City Attorney Rob Fabela is not involved in this independent investigation into the City. REALLY!? EVERYBODY including Fabela looked at NATALIE oddly when she said that. It was an odd thing to say. Apparently, aside from her enthusiasm for dissing the firm, she has not put any thought into the fact that THE INVESTIGATION IS SUPPOSED TO BE INDEPENDENT AND NEUTRAL. Hmmm. ODD.
A little flotsam and jetsam here as we start to wrap up: Mayor Ashleigh, the Former Federal Prosecutor, expressed that her greatest interest in this is not so much the criminal referrals that might come, which she would have no control over, but rather unethical but legal behavior that might be uncovered, which she could attempt to prevent in the future, “as an elected official,” with new policies and ordinances. Okay. Not exciting, but SOLID.
Also ears perked up when the investigators reported that SOME consultants, lobbyists, former politicians etc. are wary of speaking to them because they don’t want to be branded as “rats” or “snitches.” Our thoughts which should have gone to mobs and movies went instead to Donald Trump and his circle. Except for Donna, who got the idea that our own Councilman Steve Faessel may be one of those so-called “snitches,” which is why he has been so silent, uncomfortable, and abstaining – everyone had just assumed he knew he was under investigation himself. But either or both could be true… no?
Okay, I know I promised you we’d make fun of Matt Cunningham…
Twilight of the “Anaheim Obscurer”
It is said, in intellectual circles such as Varsity Burgers, that “Mental sclerosis is the hobgoblin of the faux conservative,” and there is no better illustration of this principle than blogger Matt Cunningham, proprietor of the Anaheim Observer and husband of the Chamber head. For months Matt had been neglecting his Anaheim blog and focused on pleasing other well-paying clients at his “OC Independent.”
But the controversy over this investigation (of which the Chamber is certainly one of the biggest targets) roused him to churn out TWO SMALL OCEANS OF SCARED ANGRY WORDSMITHING in as many weeks. Here’s Matt, stirring the Chamber-pot just before this last meeting:
“The Voice of OC, for its part, has abandoned any pretense of journalistic detachment or objectivity, and made itself the media arm of a concerted lobbying effort by a special interest coalition composed of UNITE-HERE Local 11, OCCORD, OCCCO to manipulate a city contract for political ends – a lobbying effort with which JL Group and Judge Smith are obviously colluding.”
Hey! The origin of the “shakedown” meme. Except Matt is sclerotically blaming everything on his list of boogiemen from ten years ago. I even told him (but he didn’t listen) that UNITE-HERE and OCCCO were nowhere to be found in this struggle, nor were the DPOC or Ada Briceno. OCCORD, yes. They did stellar work along with Chispa, the Anaheim Democrat Club and the People’s Homeless Task Force, which together we’ve named the “Clean Up Anaheim Coalition.”
Beyond that, there’s the constant refrain that the Voice of OC is “biased” or “partisan” – but nobody in Matt’s small but loud circle has managed to say who or what “Party” or person or group they are biased for or against. They are INVESTIGATIVE JOURNALISTS – so of COURSE they come down in favor of more investigation, more light, more truth.
And if there are any “Parties” in this matter, they are:
Those who have something to hide vs. Those who want to know. .
In his first piece, Matt focused on ridiculing the investigators for speaking to ME and my wife – knowing that this would result in our anonymous Troll posting six nasty comments about us under six different names, and giving birth to Natalie’s use of the Vern Card. But I’m getting tired. We won, Matt and his crowd lost. And in closing,
Let’s Keep This in Perspective
Okay, this was a victory, and it was exciting because we don’t get many in Anaheim, but let’s remember – all we did was stop the new Council from limiting a promised corruption investigation. This was very reminiscent of January 2016 “When The Kleptos Caved” – that was when we stopped the Brandman majority from delaying our hard-fought District Elections reform for another two years. We need bigger victories, POSITIVE ones, ones that aren’t just preventing the Council from taking away the little progress we’ve already made.
The REAL victories the People of Anaheim need are true Campaign Finance Reform that covers Independent Expenditures, and a reasonable (2%) Gate Tax on Disneyland and other entertainment venues. And it’s clear that we will NOT get either of those from this Mayor and Council. These will have to be won by the People themselves.
Good work, Clean Up Anaheim Coalition!
Good work, OCCORD!
Good work, Anaheim Democrats Club!
Good work, Chispa!
Good work, People’s Homeless Task Force!
Good work, people of Anaheim!
Good work, Voice of OC!
They – the council – must be looking over their shoulder and afraid of the boogeyman if they are name dropping good ol’ rabble rouser Vern Nelson.
No one outclasses Judge Smith with getting mad while not losing one’s cool and ripping off some f bombs. He is a class act.
The Vern Card LMAO that’s hilarious lol
Collusion. That’s fabulously rich coming from the rodent whose only job, is seems, is to obscure the collusion of his pals.
Hilariously his site still includes a post about how Hairball Sidhu “saved” the Anaheim Hills 4th of July.
I strongly disagree on one critical point, Vern.
Most weeks, Cunningham’s blog may be the “Anaheim Obscurer.”
But, in the lead up to this meeting, it was the “Anaheim Self-Server”!
Go ahead and fight me on this one!
I should mention I stole the “Obscurer” handle from my biologist buddy Tom Fielder.
THAT’S not fighting me!
More seriously (as if the above is not typical of the actual fights Vern and I have):
This vote does go some distance (inches, not yards) to make me feel better about this Council. But the proof will be in the pudding, when the report comes back with — in all likelihood, if it’s well done — a tracing of corruption going back to Murray, Brandman, Pringle, Sidhu, and the various representatives of Disney and the Angels (as well as of Gardenwalk and the hoteliers and that car dealership, the car wash owners, etc.)
But I think it is worthwhile to take some of the objections above at face value — and while I could focus on any of the seven (be better, Carlos), I’ll follow your lead in focusing on the Natalies.
Natalie Rubalcava is absolutely right that the Judge and JL’s talking to the media COULD give rise to a breach of contract action — IF AND ONLY IF there is some provision IN THE CONTRACT that prevents them from talking to the media AT ALL.
My wild guess is that there is no such contract provision — and those on speaking terms with her (I heard that she took a swing at me at the previous meeting) can and should ask her to identify the provision she had in mind. If none exists, then as a business leaders she should know better than to misrepresent contract terms. That said, her commentary from the dais in general was decent.
As for Meeks — I said at the beginning of my speech from the audience that she should recuse herself because she is a possible target of the investigation based on such matters as ARTIC and her dealings with the Streetcar proposal (that was fully to the benefit of Disney, as Cynthia Ward — who spoke after me, had at one point noted in these pages.) I still think that she should have, but I can say that it doesn’t seem likely that she would have done anything that she was not ordered to do — and that means that she should be as clear as possible with the investigators about who was giving her orders (and how) to do what.
She can respond to this by saying that everything was fine with all of these proposals, but please — we ain’t dumb, and we chronicled the problems at the outset. She does not seem like an idiot or a negligent doofus — and with ARTIC in particular should should have known that (1) it wasn’t high enough to accommodate High Speed Rail trains, as was part of the sales pitch for it, and (2) it was going to be unreasonably expensive to get heating, gas, and water to the top tier (or two) of the building, which was envisioned as being occupied by retail outlets — rents from which were supposed to pay for ARTIC’s operating expenses, if I remember correctly.
The response to this in the past included the fact that ARTIC won a national design award. Of course it would have — that’s the kind of image-burnishing that PR firms arrange. (In fact, I hope we find out exactly how that came about!) But the most sensible explanation of why ARTIC was built was because some interests wanted to get the small train station that used to be in the Anaheim Stadium parking lot out of the way so that the land it stood on and near could be used to build more housing to benefit Arte Moreno — and possibly (we hypothesized) Curt Pringle as a broker. (At the time, we thought that this was for a new parking garage — but now we’ve heard otherwise.) And THAT would be why an intelligent person tasked with coming up with a smoke screen to justify getting rid of a train station by building something supposedly worthwhile, but not given the resources to make it actually viable.
So if Meeks ain’t dumb, ain’t likely negligent, and we further hypothesize that she’s not the evil mastermind behind the project, then it really is in her interest to find a lawyer and negotiate a way to tell a story in ways that protect her interests. She has the potential for a great political future — but it has to start off with biting some of the hands that fed her and declaring independence from them. And then she doesn’t have to worry (especially publicly) about when and whether statutes of limitations accrued and whether they’ve been suspended for sometime since then. Word to the wise!
Nat R & Breach of Contract – she mentioned Breach a few times, based on the fact that JL didn’t complete the product they had promised to complete for the price and in the time frame promised. It had nothing to do with them talking to the press.
But then she brought up the threat again when she didn’t like how the argument was going about the Voice profile… I guess because she was mad and thought it sounded scary.
Breach of contract. That’s pretty specific. Did she cite a particular clause?
Feast your eyes and ears, starting at 6:01:20. Natalie’s cadenza.
https://anaheim.granicus.com/player/clip/2954?view_id=2&redirect=true&h=5b023570355817cb6477659a6becef1e
ARTIC is plenty high to accommodate HSR. That’s not the problem. One problem is that HSR may never come. But the biggest problem is that ARTIC DOESN’T DO ANYTHING. It’s nothing but an obstruction to be got over to access the tracks. It serves NO purpose except to be an unintended monument to Pringle.
The “professionals” who babble about ARTIC’s LEED Platinum certification miss the point that is uses up a million times much more energy than the thing that was there before and that served an identical purpose: virtually nothing.
$200,000,000 for the ultimate white elephant. And it was all set up when Pringle was Mayor of Anaheim AND Chair of the HSR Commission – a job he was forced to quit because of a conflict of interest. Did Pringle subsequently profit from this massive boondoggle AFTER he left office as a lobbyist for somebody or other? I wonder. I know he was involved up in the Central Valley; what about on the line to LA?
I’ve been told by several sources that, regardless of how high ARTIC is, the portion of the facility where HSR trains (if they ever came to exist) would come into it could not accommodate them. I had thought that I was told that this involved height; it may involve other factors instead.
What ARTIC is supposed to do is to bring retail stores’ rental income into the multimodal station. Funny story about that. I guess it can wait.
I continue to think that, with enough work and some additional public bathroom facilities, ARTIC would make a pretty great emergency homeless shelter and emergency cooling center.
The bridge from ARTIC that connects to the south side of the tracks is high enough to accommodate overhead conductors.
No trains come into ARTIC and never will – it’s a stand alone shell. The only way to get to the tracks is to go around ARTIC or access that bridge and take elevators or stairs down to the platforms. Which is another way of saying that the platforms are not even in the building, making the building something other than a train station. An obstacle in fact. But gee, IT’S LEEDS PLATINUM CERTIFIED and Natalie’s proud as punch about her award.
As far as being “multi-modal” nobody wanted to get on or off an OCTA bus there. The Katella line was messed up due to artic. The whole thing was, and is and always will be an utter failure.
The OBSTACLE Prize! For the biggest, fanciest, most expensive OBSTACLE in recent memory.
I bet none of you have heard Chris Newman’s early-80’s masterpiece “THE WANKER’S PRIZE!”
“She had tears in her eyes when she heard I got the prize; I got the Wanker’s Prize!”
https://youtu.be/CGssnOJirMY?t=1858
(Or “queue” 31:00)
This Rubalcava Creature is a smug, malignant little *****
Three of the better speeches from that night – me and Greg, with the brilliant Carolina Mendez in between….
I see Santa Claus!!
You see what Dan C did, Eric? You commented “LOL” because when Dan bragged about all the thousands of books he has, the mysterious Dennis Tucker responded “Comic books.” And that was funny. Then Dan erased a bunch of comments including Dennis’ but left your “LOL” so it looks like you’re laughing at some crack he made about Greg.
I’m sure Dan thinks that’s really clever. Weenie.
Dennis Tucker Is my hero. Chubby is a zero. And, yes I did see it Vern. Have you ever drank at Crabby Kenny’s until
Closing time? Is crabby Kenny’s even there anymore?
Took me a minute to remember – my brother liked to go there. I went there once or twice, not really a noisy bar guy.
But this is more weekend open thread stuff.