Time begins to catch up with El Toro

An article appearing in the LA Times, May 19, 1968 — prior

to erection of the Santa Fe overpass that obliterated the town of El Toro.

A Boy's-Eye View of Old El Toro [Lake Forest Patch] 

An early family's youngest son reminisces about his youthful fascination with stagecoaches and trains. 

Posted Fri, Oct 14, 2011 

[Author:]…George Nathanial Whiting, born four years after his brother Dwight Anson on June 1, 1895, and who passed away almost 84 years later in April 1979… 

The Crossrails of El Toro 

     "It was fun for us kids to go to to watch the afternoon train come through. The depot was at the corner of El Toro Road and the railroad right-of-way. 

     "At this time, four passenger trains a day stopped at El Toro: a south bound train morning and afternoon, and a north bound morning and afternoon. 

     "Laguna Beach would be reached only by a dirt road which followed the route of the present road from El Toro. From El Toro the transportation was by , two-and-a-half day hours over the hills, through wire gates and down the canyons. 

     "The stages were open four-wheelers, equipped with cross seats, one with a capacity of eight people and baggage and the other for six people. 

     "These stages had already arrived when we got to the station and were now tethered to a hitching rail in front of the El Toro store, where, no doubt, their drivers were refreshing themselves after the long trip from Laguna. 

     "The passengers and their baggage are gathered on the station platform awaiting the arrival of the train from San Diego to Los Angeles. 

     "Along Front Street, which paralleled the rail tracks, was the Moulton Ranch warehouse and beside it, the smaller Whiting warehouse. Just beyond was the railroad water tower. On the other side were a number of dwellings and a blacksmith shop (another fascinating place for small boys.)" 

Here Comes the Northbound! 

     "If you were a small boy, you suddenly became aware of a soft humming sound coming from the railroad rails. This sound was caused by the friction of the wheels against rails, telegraphed through the steel, and was the first indication of the approaching train from San Diego long before it arrived. 

     "Since it is train time, there is an air of expectancy among the waiting passengers. Eyes are focused on 'the cut,' a mile south, waiting for the locomotive to appear. 

     "Suddenly there it is, framed in the cut, emitting clouds of smoke and steam after its long uphill pull to the summit. The whistle sounds as it approaches the station and comes to a stop with a hissing of steam and groaning of air brakes. 

     "The stationmaster loads the baggage and mail sacks in the baggage car. The passengers say goodbye to their friends at the platform and board the day coaches. The conductor sings out a long drawn 'All aboard' and the train starts moving slowly away, gathering speed as it goes. 

Curious "Dirty George" 

     "If you happened to be on the train, as I often was, you looked out the window over the rolling brown Irvine plains, shimmering in the summer heat, toward the blue sea beyond. In the foreground was a symmetrical cone-shaped hill with a single pine tree on its summit. This hill was a landmark of sorts, then locally known as 'Dirty George's Hill.' I have never been able to find out who Dirty George was or why the hill was so named."….

From the Tustin News, March 7, 1968

"Just a lonely worker in the vineyard": the man who ran OC, part 2

From the "Trustee Tom Fuentes files" [Fuentes got his start working for corrupt OC supervisor Caspers; Caspers' chief crony was the corrupt Harber]:

[See "Just a lonely worker in the vineyard": the man who ran OC, part 1]

     So far in this series, I’ve offered this odd little narrative: 

     In 1954, Navy veteran and Oklahoma attorney Fred Harber moved to northwestern OC and commenced his career as owner and manager of properties, starting with a gas station. His holdings increased rapidly. 

     He soon snagged a gig as planning commissioner in his town of Buena Park, which, like other communities in the area, sought to maintain its agricultural character (dairies, chicken ranches, etc.) and avoid development. He became a City Councilman; then Mayor. By ’59, he also became acting city manager of the contiguous town of Cypress, another town dominated by dairy farming. 

     To observers’ dismay, Harber introduced a rough dose of partisanship into local city politics; further, he helped build an old-fashioned “political machine” complete with party “bosses.” Meanwhile, he maintained involvement in Democratic Party politics at the state and local level. 

     The City of Cypress, like Buena Park, sought to block development and maintain a focus on agriculture. Hence, it was shocking when, in 1961, newly-elected Cypress city councilman and local dairyman Job Denni was charged with the attempted bribery of developers (to grant use variances, I think). His trial occurred in 1962, and received much attention. 

     News coverage did not then connect Harber to the case. 

     Surprisingly, Denni was acquitted. Four years later, he died in a crash of his private plane. 

Fred Harber, early 60s

     Meanwhile, during the 60s and early 70s, Harber became an increasingly important player in OC politics, managing successful campaigns and offering valued advice. By the early 70s, he was a key member of what later came to be known as “Dick and Doc,” an operation whereby three men—a local businessman/doctor (Louis Cella), a major landowner (Richard O’Neill), and Harber—dispensed enormous amounts of money—where did it come from? That’s still not clear—to support various political candidates (both in and out of OC)—mostly Democrats, but sometimes Republicans, such as Ronald Caspers. One focus of the operation was the OC board of supervisors, which Dick and Doc “controlled,” starting in January of 1971, with the election of Caspers and Clark, joining Battin, thus comprising the board majority. 

     Not long after, former aides of Supervisor Battin held a press conference to depict Harber as the secret OC “kingmaker,” the man who, in his mind at least, ran the county—and Battin, too. Reporters confronted Harber with those notions, and he played coy. His denials, it seemed, provoked mirth. Perhaps the story was true! 

     With the Dick and Doc operation going great guns, Harber helped Caspers win the June 1974 primary, and they celebrated that victory with a trip, along with eight other men, starting down in Baja, on Harber’s boat, the Shooting Star. Under somewhat mysteriously circumstances, the boat foundered in a storm with all hands lost, including Harber and Caspers. The search for survivors was conducted by the likes of Caspers’ planning commissioner, Brent Spendlove (who, like Denni, later died in a crash of his private plane [1975]), and Caspers’ chief assistant (both at Caspers' Savings and Loan and at the County offices), Tom Fuentes. Despite enormous expense and effort, no bodies were ever found. All ten who were on the boat were declared legally dead. 

     As Caspers’ death became clear, the question arose as to Caspers’ replacement on the OC board. Local Republicans assumed that Fuentes would be appointed (by Governor Reagan), but that plan ran afoul of a technicality and Tom Reily got the job instead. Fuentes then went off to becomes a priest (it didn’t take; he soon returned to OC to settle into his role as GOP kingmaker and Iron Fist). 

     Here’s today’s part of the story: 

Tom Fuentes (the Caspers years)

     On May 23, 1978, about four years after the death of Caspers and Harber, the OC Register prints a remarkable story: “OC Developer Alleges Political Bribe Demand.” It reveals a shakedown apparently attempted by Harber and Caspers in 1974. It comes to light when the Register secures a copy of depositions that were part of a recent (1975) lawsuit against the County, one that was recently settled out of court. Owing to the County’s manipulation of permits that ruin contractor Richard V. Jordan’s construction project, the County agrees to pay him $700,000—but also buys his silence. 

     In deposition, Jordan relates this story: He purchases a parcel in El Toro with assurances, from County officials, that it has the needed permits to construct a mobile home park (they had been secured by the property's previous owner). But when he pursues the project, he is informed that there are problems. At one point, Jordan is told that Supervisor Caspers has changed his mind about the desirability of the mobile home project, preferring condominiums. Jordan thus alters his plans, but that proves unworkable, and so he returns to the mobile home plan. In April of 1974, his permits are revoked. Eventually, he is informed by Caspers that, to solve these problems, he needs to talk with Fred Harber. Jordan is persuaded to join Harber and Caspers on Harber’s yacht, the Shooting Star, in Baja, where the three can do some fishing and some talking. Harber eventually makes clear that, if Jordan wants to pursue construction projects in OC, he’ll have to fork over some serious money: 

     “He wanted $10,000 now and $2,000 per month [declared Jordan]. And I said, ‘How long does this $2,000 go on?’ And he [Harber] said. ‘How long do you plan to develop in Orange County?’” 
     Harber said that he would keep part of the money, and the balance would go to “make large loans to people running for political office,” according to Jordan’s deposition. 

     Jordan plays along, but, according to him, he then contacts the DA’s office—or at least deputies or investigators there—where a plan begins to form to catch Harber and Caspers red-handed: 

     Jordan’s deposition describes how he and his attorney, Robert (Sam) Barnes, planned to make the payoff with marked money with the cooperation of the district attorney’s office. 

      “After we’ve cleared it with District Attorney Cecil Hicks…that we’ll arrange for me to go back to Fred Harber and pay him the money, in marked bills. The exact details of the plan were not worked out at this time, but were, I think, that the District Attorney’s office was going to be involved in how we would work it out,” Jordan said.

     But then Caspers wins the June primary and he decides to join Harber for one of their Baja trips. Jordan is invited, but he doesn’t think the trip fits with the “gotcha” plan, and, besides, the Shooting Star doesn’t strike him as seaworthy. He decides not to go. 

     Then the ship is lost with all hands. 

Landowner Richard O'Neill and his family, 1950

     Afterword, Jordan’s project comes to grief, owing in part to increased costs. Eventually, it is ruined, and he takes a financial beating. So, in 1975, he sues the County, charging that he “suffered a severe financial setback because of the county’s illegal revocation of the building permit.” In 1978, the judge in the case agreed; hence the settlement, including Jordan’s silence. 

     The Times’ story (“Caspers, Harber Accused of Bribe Try by Developer”), appearing the next day, lays out the same facts but goes deeper. Its begins thus: 

     Had not former Orange County Supervisor Ronald Caspers and his campaign adviser, Fred Harber, disappeared when their boat foundered off Baja California in 1974, they might have sailed home to a bribery indictment. 

     The Times explains that, upon learning that he must talk with Harber to overcome his permit difficulties, Jordan makes inquiries into the fellow and learns that he (Harber) was once caught bribing developers back in his Buena Park/Cypress years. The Times finds sources close to that case and learns that, to avoid prosecution, Harber agreed to cooperate with authorities in their case against Job Denni, but the case collapsed when Denni died. 

     The earlier shakedown (by Harber) is remarkably similar to the one described by Jordan: $2k a month. Owing to Denni’s death, the public never learns of Harber’s early 60s sculduggery, just as, owing to Harber & Caspers’ death in ‘74, the public never learns of the more recent “pay to play” scheme in El Toro. —If not for Jordan's lawsuit and the resultant settlement.

     It is clear from Jordan’s declarations that Harber’s scheme is part of the “Dick and Doc” operation: the funding of campaigns (but to what end exactly?).

     The Times article brings Caspers’ assistant, Tom Fuentes, into the narrative. When Jordan discovers that some county office has misgivings about Jordan’s project, he calls Caspers’ office: 

     …It was too small a matter to take directly to Caspers, Jordan testified, so he asked one of Caspers’ assistants, Tom Fuentes, to find out which county department was so concerned with his project and why. 

     Jordan said he received a call about a month later from Fuentes, who warned that “we were going to have some problems" but wouldn't elaborate over the phone. 

     Jordan testified that he hurried to Fuentes’ office where Fuentes said Shirley Grindle, a planning commissioner appointed by Supervisor Ralph Clark, was “asking a lot of questions” about Jordan's mobile home park. Fuentes said Ms. Grindle apparently suspected that construction was deviating from the approved plan, Jordan said. 

     Jordan testified that he went back to his office and pored over the plans. The location of five mobile home lots had been moved somewhat, but that, Jordan said, was too minor to cause any trouble. He called Fuentes, who arranged a meeting with Bart Spendlove, Caspers’ planning commissioner.

     Jordan meets Spendlove at the building site, where Spendlove tells him that, though no one likes the project, as far as he is concerned, Jordan has the needed permits, has already started the project, and so he should proceed. Jordan agrees to grow a row of trees to further obscure the park, and Spendlove is appeased. 

     Oddly, in parantheses, the Times adds: “Spendlove died 18 months later in a plane crash.” 

Caspers loved building parks

     Not long after, Caspers calls Jordan to tell him that, Spendlove to the contrary notwithstanding, the project is still problematical. He advises that Jordan contact Fred Harber, who can solve such problems. (So Harber, not Caspers, calls the shots?) 

     That’s when Jordan learns of Harber’s colorful history of bribery: 

     …([Jordan hears that] When Harber was city manager of Cypress in the early 1960s, his name was linked to a reported bribery effort there involving a land developer and a city councilman named Job Denni Jr. 

     (Sources close to the investigation have indicated that Harber, in exchange for immunity from prosecution, agreed to testify that he and Denni were receiving $2,000 a month from the developer. Before the case could go to the grand jury, however, Denni was killed in a plane crash [in 1966] and the case was dropped.) 

. . . 

     Jordan testified that he telephoned Caspers and asked why Harber was so influential in county matters. Caspers replied that Harber had clout with Supervisor Clark and Supervisor Robert Battin because he had arranged campaign financing for both, Jordan said.

     He had "clout" with Caspers, too.

     After his return from Mexico, Jordan found that the County had put a halt to his project. Evidently, the action was precipitated by Shirley Grindle’s concerns about it. (More on that later. Grindle was not part of the shakedown. Her part in it was likely purely accidental.) 

* * * 

     I should pause to make some observations: 

     —That the County (or the insurer) agreed to settle Jordan’s lawsuit by forking over $700,000 suggests, to me, that they viewed Mr. Jordan’s allegations (about the attempted shakedown by Caspers/Harber) as credible. 

     —That Thomas Fuentes had some role in this tale will be tantalizing to those who have developed an image of the man as ruthless and conniving. There have long been rumors about corruption during the Caspers years (1971-74) and these occasionally are openly stated. For instance, during a heated televised debate between congressional candidates in 1986, a prominent Republican businessman—Nathan Rosenberg—in rebutting a remark about him by Fuentes, was provoked to say: "Coming from Ron Caspers' bagman, I don't feel bad about Mr. Fuentes' comment." (See.) 

     —But what is most interesting here is this part of the Times’ story: 

     (Sources close to the investigation have indicated that Harber, in exchange for immunity from prosecution, agreed to testify that he and Denni were receiving $2,000 a month from the developer. Before the case could go to the grand jury, however, Denni was killed in a plane crash [in 1966] and the case was dropped.)

     $2,000 a month? That’s exactly what Harber was asking of Jordan, according to Jordan’s sworn testimony (his declarations). 

     Who were these “sources close to the investigation”? —Presumably, people in the DA’s office or other lawyers directly involved. I’m inclined to trust the Times on this point. 

"Doc" Cella

     Still, it seems odd that Denni (and apparently Harber) were still under investigation for bribery in 1966, when Denni died. That was nearly four years after Denni (and the attorney, Zitny) had been acquitted of bribery charges. 

     But maybe that isn’t odd at all. 

     Again, I couldn’t find Harber’s name anywhere in the news coverage that I found regarding the Cypress/shakedown story. Perhaps I missed something. (I relied on a search in Newspapers.com.) 

     —Denni died nearly four years after his bribery trial ended—in a crash of his private plane that also badly injured his son. Is it curious that, like Denni, Mr. Spendlove died in the crash of his private airplane (which, incidentally, also killed his wife and four of his children)? I think this is merely a coincidence. It occurred about 15 months after Harber & Caspers’ mysterious deaths at sea. (Lots of strange deaths, eh? More coincidence?) I did some reading: Spendlove was chosen commissioner by Caspers likely because he was sufficiently pro-development and was otherwise attractive in the community. When Caspers died, Thomas F. Riley was appointed (by Reagan) to replace him (a technicality had prevented appointment of Fuentes, who responded by seeking the priesthood, something he abruptly abandoned a year later, when he commenced becoming the autocratic ruler of OC GOP politics), who replaced Spendlove with a more environment-friendly planning commissioner. As far as I know, Spendlove’s death didn’t serve anyone’s interests. And would anyone kill six people when they only wanted one of them dead? 

     (Of course!, some will say.)

     For what it’s worth, there are other strange deaths in the Harber yarn (Harber’s one-time secretary, who had started working for yet another OC Supervisor in the 90s, was inexplicably killed with a bow and arrow or crossbow. A cold case). More on that later. 

 * * * 

Shirley Grindle

     I found one other article concerning Mr. Jordan’s charges. The Register’s piece about Jordan appeared on the 23rd of May; the Times piece appeared on the 24th. This one appeared on the 25th (also in the Times): “Shakedown Story Dismays Grindle,” LA Times, 5-25-78. 

     According to the article, Shirley Grindle, a former OC planning commissioner (later renowned for her advocacy of clean and open government), said that she was “shocked to learn that she might have unwittingly been used four years ago in the shakedown of a land developer.” 

     She was referring of course to the claims made, in deposition, by contractor Richard V. Jordan. Obviously, she took his claims seriously. 

     According to the Times, “Jordan’s development problems stemmed from Ms. Grindle, a planning commissioner appointed by Supervisor Ralph Clark. Ms. Grindle thought Jordan’s permit was improperly issued and asked Ralph Benson, the deputy counsel for planning affairs, to investigate. … Benson ruled the permit was void, and the permit was revoked, halting construction.” 

     Said Grindle: “I didn’t know of Caspers’ and Harber’s interest in the matter.” 

     She said she was unhappy with the way the Department of Building and Safety was being run by its director, Floyd McLellan, “and I was looking for something to nail McLellan on. That’s how I got involved in the act.” 

     She said she had nothing against Jordan or his project. “I almost feel like calling Mr. Jordan and telling him: Now I know, and I’m really sorry this was happening to you. This is totally against what I believe in . . . at the time, I had no idea this sort of things was going on,” Ms. Grindle said.

     The Times reported that Benson now asserts that “he had had no contact with anyone but Ms. Grindle and the Department of Building and Safety before he ruled the permit void.” 

     That ruling prompted Jordan’s lawsuit against the county for illegally halting—and eventually dooming—his project. Last month, the county’s insurance company agreed to pay Jordan $700,000 as part of an out-of-court settlement. 

     The Times goes on to explain: 

     Jordan testified that he had first been warned of Ms. Grindle’s interest in the project by a Caspers’ aide, Tom Fuentes. 

     Fuentes, now a public relations man [for many years, he lobbied on behalf of corporate interests], Wednesday refused to comment on the contents of Jordan’s deposition or on his contacts with Jordan. 

     “I’m saddened by what you have written,” he told The Times. “The vilification of his (Caspers’) memory by you is unjustified. To do what you’ve done to Ron’s memory is tragic.”

     That’s classic pious Tom Fuentes. 

Job Denni

     The Times story ends by reporting that “Asst. Dist. Atty. Michael Capizzi said Tuesday that the deposition could trigger a renewed interest by the district attorney’s office. Capizzi said, ‘There might even be some implications involved for those who are still around.’” 

      As near as I can tell, no such triggering occurred. I find that odd. 

      More to come. (Be on the lookout for part 3)

Related reading: 

• 'Dick and Doc's' political empire, California Journal, January 1976 
• Who Killed Arlene Hoffman? LA Times, Jan. 27, 1995 
• The Shooting Star Mystery, Dissent the Blog
• What does Fuentes’ tutelage under, esteem of, and four years with, Ronald "shakedown" Caspers tell us about him?, Dissent the Blog, June 14, 2012
• Hicks’ District Attorney Role Changed as County Changed, LA Times, AUG. 13, 1989