CASE FILE #1·THE GIVEAWAY·
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The Giveaway · Case #1

The Fee That Disappeared

AI Fact Sheet

A verified park-land credit authorization; no established total of DIF actually foregone

Report #13 · The Giveaway (Part 1) · condensed AI fact sheet. Chronological; every claim cited; inferences flagged. Source: full report reports/series-4-the-giveaway/01-the-fee-that-disappeared.md.
Built on public records
Documented fact — traces to a filed public record.
Inference — a reading of the record, not a legal finding.
Scope

San Diego development impact fee policy during Todd Gloria's mayoralty, December 10, 2020 through 2025, with earlier land transactions and policy origins identified separately. The records establish up to $13.827 million in DIF credits authorized in 2023 for the Bosa park-land purchase. They do not establish an aggregate amount of DIF actually foregone during the Gloria administration. The Complete Communities, ADU and Hub & Spoke amounts are excluded from that aggregate because their amounts, realization or coverage are not sufficiently supported. DIF-B1DIF-B2DIF-C1 The report's separate Grand Jury findings concern fees already collected and are not part of a foregone-DIF total.

Summary — what happened

A development impact fee (DIF) is the fee a developer pays to cover the public cost of growth its project creates — parks, fire stations, roads, libraries — collected by the city into community-specific accounts and legally required to be spent on infrastructure where the growth lands. The records establish up to $13.827 million in DIF credits authorized in 2023 for the Bosa park-land purchase. They do not establish an aggregate amount of DIF actually foregone during the Gloria administration. The Complete Communities, ADU and Hub & Spoke amounts are excluded from that aggregate because their amounts, realization or coverage are not sufficiently supported. DIF-B1DIF-B2DIF-C1 The Bosa credits become available after the park-land sale closes; the reviewed records do not establish the amount redeemed. This is a park-land purchase authorization, not a measured total of fees already waived. DIF-B1DIF-B2 A separate authorization of up to $9.1M reimburses park design and construction; it is not part of the land's $13.827M price. DIF-B3 Inferred: several of the beneficiaries named here are, in public records, proximate to the mayor's campaign and appointment network — a synthesis of public filings, not an asserted causal pattern and not a legal finding. The block Bosa built on came from Zephyr Investors LLC, whose co-CEO Brad Termini is Gloria's largest individual campaign donor ($100,000+): Zephyr bought the block for $21.1M in 2014 and sold it to Bosa for $33M in December 2015. DB Bosa-buys-UT

Inferred: the other large beneficiaries share the same combination of features in the public record — a fee waiver or credit alongside a documented campaign, appointment, or family tie to the administration; this is a synthesis of separate filings, not an asserted recurring scheme and not a legal finding. The 101 Ash ground-lease agreement was approved with 101 Ash Venture LP, whose team included MRK Partners and Kelly Moden's Create Dev LLC. The Union-Tribune reported a $32.7 million total project developer fee for 101 Ash in July 2025 and that Moden stood to receive a portion; the allocation to her or her firm was not established. This project fee is not an established amount of development impact fees waived or credited. E-380 The MRK Partners/Create Dev LLC team was selected for exclusive negotiations in January 2025 after consideration of competing unsolicited proposals. E-133 The Complete Communities program provides DIF exemptions for qualifying small units; an advocacy group's $17M+ figure rests on a mixed-status public-comment spreadsheet and is not an established total of fees waived. NFABSD DIF-C1 San Diego's ADU DIF exemptions predate Gloria's mayoralty; one builder (92+ units) used them at industrial scale before Council Member Kent Lee's pushback led to a rollback, but the $26–31M citywide estimate is unsupported. DIF-A1 DB Hub & Spoke Communities, owned by the husband of Gloria's campaign manager, builds units sized for the Complete Communities exemption; its actual DIF savings are not established. E-560 DB

Separately, the 2024–2025 San Diego County Grand Jury report "Never Been Challenged" found the city holding $178.8M in collected DIF beyond the five-year state expenditure limit (never voluntarily refunded), $720,159.87 improperly transferred from 22 community lockbox accounts to fund Build Better SD, administrative fees charged at rates up to 18% (against a 5–8% guideline), $285.7M collected FY2021–FY2024 under Gloria, and annual reports filed late every year. GJ-Report DB The campaign-finance, permit, DIF-account, and corporate-ownership records that connect these facts sit in separate systems maintained by separate agencies; no public system links them.

Timeline

2014-06 Bosa-buys-UTDB

Zephyr buys the block. Zephyr Investors LLC acquires a full downtown San Diego city block for $21.1M.

2014–2020 Faulconer-UTDB

Faulconer-era behested donations. Under Republican Mayor Kevin Faulconer (2014–2020), Bosa Development is named among companies "with business interests pending before the city" that made behested-payment donations solicited by the mayor.

2015-12-10 Bosa-buys-UTDB

Zephyr sells to Bosa for $33M. Zephyr sells the block to Bosa Development for $33M — a $12M profit ~18 months after the $21.1M acquisition. Co-CEO Brad Termini describes an "ongoing relationship with Bosa Development" and calls Nat Bosa "the ideal person to continue the project." (Termini — Gloria's largest individual campaign donor, $100,000+.)

2014–2024 DiegaBosa-buys-UT

"The Block" becomes "Diega.". The site, originally "The Block" (approved for a 41-story and a 21-story tower, 498 units), is rebranded "Diega" by Bosa and expanded to 617 luxury residences.

2023-04-25 DIF-B1DIF-B2DIF-B3

Bosa park-land credit authorization. The Council approves the purchase and development agreements for North Central Square Park, with final passage on May 1. The land consideration is up to $13.827M in DIF credits available after closing; up to $9.1M is separately authorized for park design and construction reimbursement. The records do not establish how much of the credits was redeemed.

FY2021–FY2024 GJ-ReportDB

$285.7M collected, reports late. Under the Gloria administration the city collects $285.7M in development impact fees across these four fiscal years. The annual reports required by law are filed late every year.

2025-07-29 E-380E-133

Council approves the 101 Ash agreement. The Council votes 8-0 to approve a 60-year ground-lease disposition agreement with 101 Ash Venture LP. Its development team includes MRK Partners and Kelly Moden's Create Dev LLC. The Union-Tribune reported a $32.7 million total project developer fee for 101 Ash in July 2025 and that Moden stood to receive a portion; the allocation to her or her firm was not established. This project fee is not an established amount of development impact fees waived or credited. The MRK Partners/Create Dev LLC team was selected for exclusive negotiations in January 2025 after consideration of competing unsolicited proposals.

2025-07-31 GJ-ReportGJ-UTDB

The Grand Jury report. The 2024–2025 San Diego County Grand Jury (impaneled by a Superior Court judge, staffed by citizens) publishes "Never Been Challenged — City of San Diego Development Impact Fee Program Redux." Findings: the city holds $178.8M ($178,754,366) in DIF beyond the five-year state expenditure limit, which under Walker v. City of San Clemente and Hamilton v. City of Palo Alto must be spent on qualifying projects or refunded (the city has never voluntarily refunded DIF); $720,159.87 was improperly transferred from 22 community lockbox accounts to fund Build Better SD; administrative fees were charged at rates up to 18% (against a 5–8% guideline). The report issues nine findings and fourteen recommendations, including a mandatory independent audit at city expense.

Ocean Beach's exposure. The Ocean Beach community planning board's 14 capital-improvement requests face the potential loss of $20M in DIF funds under the Grand Jury's findings — roughly half of the neighborhood's big-ticket requests. Build Better SD permits DIF collected in one neighborhood to be redirected to "communities of concern"; Ocean Beach does not qualify.

2025-10-01 City-ResponseDB

The city's response. The City of San Diego files its formal response to the Grand Jury report. It does not commit to refunding the $178.8M and does not deny the figure; it states "Beginning with FY2023 report, City enhanced five-year findings reporting" and acknowledges it "failed to monitor total administrative fees due to lack of accounting mechanism."

2025-12-19 DB

101 Ash subsidies stack. The 101 Ash developer is awarded $63.8M in bonds and $82.2M in tax credits; with tax-exempt bonds and tax-credit equity included, the total public subsidy package exceeds $200M (reported at $203.2M). [101Ash-Subsidies]

The DIF components (what the records support)

Each line is a component the original report counted toward foregone DIF, with the amount the records now support. Only the Bosa authorization is documented; no total is established.

ComponentSupported amountTreatment
Bosa park-land purchaseUp to $13.827M in DIF credits authorized in 2023Land-purchase consideration; redemption not established DIF-B1DIF-B2
Complete CommunitiesRealized aggregate not establishedExclude $17M-plus claim DIF-C1
ADU exemptionsPeriod-specific amount not establishedExclude $26–31M estimate DIF-A1E-319E-333
Hub & SpokeActual waivers not establishedExclude estimates; avoid overlap E-560
101 AshExcludedProject developer fee, not DIF; see earlier correction
Total DIF actually foregoneNot establishedDo not sum authorizations, estimates and realized waivers

Separately: $178.8M in collected DIF held beyond the legal limit and never refunded (0.93 confidence, Grand Jury finding). GJ-Report DB

The connected beneficiaries

The recurring fact across the largest waivers is proximity to Gloria's political and campaign network. Three legally distinct relationships — campaign donation, business partnership, and fee waiver — sit in three different filing systems.

  • Bosa Development — up to $13.827M in authorized DIF credits (redemption unverified). Builds the 617-unit Diega tower on a block sold to it by Zephyr/Termini, Gloria's largest individual donor.
    Inferred connectionthe campaign donation, the $33M land sale, and the fee-credit authorization run in one chain; the report does not claim Gloria directed the credit to benefit Termini, and the three transactions are not asserted to be causally linked — only that all three are public records and the connections between them were not. DB GJ-Bosa-UT Bosa-buys-UT
  • 101 Ash development team. The Council approved the ground-lease agreement with 101 Ash Venture LP; its team included MRK Partners and Kelly Moden's Create Dev LLC. The Union-Tribune reported a $32.7 million total project developer fee for 101 Ash in July 2025 and that Moden stood to receive a portion; the allocation to her or her firm was not established. This project fee is not an established amount of development impact fees waived or credited. E-380 The MRK Partners/Create Dev LLC team was selected for exclusive negotiations in January 2025 after consideration of competing unsolicited proposals. E-133
  • Hub & Spoke Communities — DIF savings not established. Sole owner is Alexander Alemany, husband of Gloria's campaign manager Sarah Moga Alemany, who divested her partnership interest (a $10K–$100K interest) in September 2020, approximately three months before Gloria took office in December 2020. Its estimated $1.5–4.5M in DIF savings rests on assumed unit counts and fee rates and is excluded; actual waivers require permit records. E-560
    InferredHub & Spoke builds units sized exactly for the Complete Communities waiver; the report notes the policy was championed by the administration the campaign manager helped elect, and that the divestiture was not required by any rule. Not a legal finding. DB
  • SDRE Homebuilders — ADU exemptions. Led by Christian Spicer; built 92+ ADU units capturing fee waivers at volume under the ADU bonus program before Council Member Kent Lee's pushback led to a rollback. DB

The bipartisan pattern

Bosa Development's giving tracks whoever controls the permits, not party.

MayorPartyTenureBosa relationshipCity business
Kevin FaulconerRepublican2014–2020Donated at the mayor's behest (behested payments)Pending before the city
Todd GloriaDemocrat2020–presentPartner Zephyr/Termini gave $100K+ to Gloria; Council authorized up to $13.827M in DIF credits for Bosa's park landPending before the city

Inferred: the report frames this as a developer adapting to the party in power, not as evidence of a quid pro quo under either administration; no legal finding. Faulconer-UT GJ-Bosa-UT DB

Key players (callback index)

  • Todd Gloria — Mayor since December 10, 2020. During his administration, the Council authorized up to $13.827M in DIF credits for Bosa park land in 2023; the amount redeemed and aggregate DIF actually foregone are not established. DIF-B1DIF-B2
  • Brad Termini — Co-CEO of Zephyr Investors LLC; Gloria's largest individual campaign donor ($100,000+). Sold the $33M block to Bosa and cited an "ongoing relationship" with it. Bosa-buys-UT DB
  • Nat Bosa — President of Bosa Development; Vancouver-based luxury condo builder; counterparty to the 2023 authorization of up to $13.827M in DIF credits for park land. GJ-Bosa-UT DB
  • Kelly Moden — Planning Commission chair and principal of Create Dev LLC, a participant with MRK Partners in the 101 Ash development team. The $32.7 million developer fee reported in July 2025 was a total project figure, not a documented payment of that amount to her firm; Moden's share was not established. E-380 The MRK Partners/Create Dev LLC team was selected for exclusive negotiations in January 2025 after consideration of competing unsolicited proposals. E-133
  • Sarah Moga Alemany — Gloria's campaign manager; former Hub & Spoke Communities partner; divested ~3 months before Gloria took office. DB
  • Alexander Alemany — Moga Alemany's husband; sole owner of Hub & Spoke Communities after divestiture.
  • Christian Spicer — SDRE Homebuilders founder; built 92+ ADU units under the DIF exemption at scale. DB
  • Kent Lee — Council member who called out the SDRE ADU exploitation before the program rollback.
  • Kevin Faulconer — Former Republican mayor (2014–2020); Bosa donated at his behest while having business pending, establishing the bipartisan pattern. Faulconer-UT DB

Caveats

Read this before quoting any figure
  • The fee waivers, credits, and exemptions described here are not alleged to be illegal. The Grand Jury characterizes the holding of $178.8M in collected DIF beyond the five-year limit as a violation of state law (per Walker and Hamilton); that is a Grand Jury finding, not a court judgment, and the city's response neither confirms nor commits to a refund.
  • "Patronage" and "connected beneficiaries" describe the proximity of recipients to Gloria's network as documented in public records. The report does not claim Gloria directed any waiver to benefit a donor, and does not assert the donation/land-sale/fee-credit chain is causally linked.
  • Total not established. The former aggregate combined a park-land credit authorization, a project developer fee and unsupported or mixed-status waiver estimates. No corrected realized-DIF total can be calculated from those components. The Bosa authorization is separately documented at up to $13.827M. DIF-B1DIF-B2DIF-C1
  • Per-developer DIF waiver and credit amounts are not published by the city broken out by recipient. The Hub & Spoke savings figure (0.65 confidence) is unconfirmed and requires a California Public Records Act request.
  • Bosa Development's direct campaign contributions to Gloria could not be confirmed via the Cal-Access electronic filing system; the documented campaign link runs through Zephyr/Termini.
  • The Moden deal terms are characterized as favorable based on analyst review (Lisa Mortensen, via OB Rag); no conflict-of-interest finding has been issued on the appointment or the deal.

Reference key

Condensed from the full investigation reports/series-4-the-giveaway/01-the-fee-that-disappeared.md. Data current as of June 2026. Every figure traces to a public filing or the MathPolitics database.

Corrections

  • 2026-10-07

    Withdrew the $83–100M total of development impact fees waived under the Gloria administration. The records establish only up to $13.827M in DIF credits authorized in 2023 for the Bosa park-land purchase; how much has been redeemed is not established.

    The earlier total combined the Bosa credit authorization, the 101 Ash project developer fee (not a DIF waiver), and Complete Communities, ADU and Hub & Spoke estimates that are not established as fees actually waived. The Bosa deal is now dated to its April 25 / May 1, 2023 approval, and the $9.1M is identified as a separate park design and construction reimbursement, not a cash payment for the land. Sources: ordinances O-21640 and O-21641.