FFFF supports causes that promote intelligent, responsible and accountable government in Fullerton and Orange County
Author: The Fullerton Harpoon
The Fullerton Harpoon is a retired commerical fisherman having served many years on the Japanese whaler Nisshin Maru where he unfortunately lost the right side of his brain and his sense of propriety in a Greenpeace attack.
In a post only a month ago I wrote about the presence of a memorial shrine on the now-approved, ill-conceived “Trail to Nowhere,” likely evidence of a mortality, causes unknown. But we knew the name of the victim because a small cross gave his name, Emmanuel Perez, and his vital dates:1990-2018.
On a recent tour of the Trail to Nowhere FFFF noticed that the cross bearing Mr. Perez’s name has vanished, removed by somebody after having been there unmolested for many years judging by the age of the shrine.
Gone, not forgotten…
Who did it, and why?
The only plausible reason is that someone who reads this blog, or knows someone who reads this blog wanted it gone, and took it.
It’s possible that family members or friends removed it, but that sort of defeats the purpose of a memorial, and why, after all these years?
It could have been a City employee, dispatched for the purpose of removing an embarrassment to the City’s beloved boondoggle. That would be ironic given the trash, industrial waste, homeless and drug addicts that are the hallmarks of both Phase 1 and the proposed Phase 2 of the Trail to Nowhere. The City has never shown any interest in maintaining the existing property it owns.
Nothing to see here…
Or could it have been a zealous Trail to Nowhere advocate, those busy Zahra minions, who decided that a memorial to dead man was not the sort of landmark that would make good publicity for an allegedly safe facility. Or maybe it could have been a Fullerton Observer.
It might even have been taken by the fellow who is currently making his abode about 100 feet from the memorial site, to add to his collection of Fullerton memorabilia.
Mr. Perez is gone and so is his cross. But neither are forgotten. FFFF is offering a reward for information about who purloined the memorial cross of Emmanuel Perez. Send us an email.
So, the other day I decided to take a trip along the Trail to Nowhere, the second phase of a supposed recreation trail that doesn’t even line up with the disastrous failure known as Phase I.
FFFF has shared lots of images of the proposed trail, yet hasn’t even begun to scratch the surface of the, er, ahem, colorful neighborhood through which it passes. Well, “neighborhood” isn’t quite the right word to use, because except for a couple of Truslow Avenue house backyards it is bordered on both sides by land zoned for industry with all of the sorts of uses, legal and non-permitted, one might expect.
Of course we’ve read all about the ill-designed and ill-conceived Phase I, ballyhooed by City staff as the predecessor that makes Phase II inevitable. Well, plausible, anyway. Phase I is a repository of graffiti, garbage, and occasional residents. The start of this alleged trail is on the old UP bridge over Harbor Boulevard. FFFF readers may remember this site as the nocturnal murder of a gentleman.
Murderer’s Row…
One man’s trash is another man’s treasure…
The complete lack of maintenance on Phase I ought to have been a warning to our City Council. But it hasn’t even been noticed. The pungent smell of human urine permeates the weeds behind the Elephant Packing House. But, so what? It’s trail-ish.
Phase I’s inauspicious beginning. It gets worse.
The view looking westward from Phase I isn’t promising. Here you see that Phase I doesn’t even line up with the proposed Phase II corridor; and the slope of Highland Avenue as it dips down to its railroad underpass makes the cross-slope ADA non-compliant.
The Phase I trail has disappeared.
Crossing Highland (damn, watch out for traffic!), we get to Phase II. FFFF has already shared multiple posts about soils contamination in this location. There are lots of testing wells for carcinogenic Trichlorethylene (TCE), but nobody in City Hall seems to be concerned about moving and exporting, or alternatively, remediating these soils. It certainly isn’t in the project budget submitted in the grant application to the State.
Well, well, well…
The folks who frequent the Trail to Nowhere habitually leave evidence of their presence.
Further west we get a glimpse back eastward of the long, blank backsides of old industrial buildings, a view not likely to cause cries of elation among the brainwashed green grass/blue skies crowd.
Is it safe? Is it clean?
Across Richman Ave in our westward trek is where things really get fun. Razor wire seems to be the decoration of choice among the junkyards in this segment of the Trail to Nowhere.
Small auto/tire use is prevalent along the trail, of course. And more backsides of buildings.
The trees won’t block the view…
You mean there’s more?
As we press onward we see the view of more businesses that we would enjoy if we were recreating on the trail.
Bring on the niños.
There’s a metal coating business along the route, and even an asphalt plant! The odors are unmistakable, and the industrial education value is priceless!
Smell that smell, bike riders.
We would be remiss if, at this point, we didn’t pause to pay our respects to Emmanuel Perez, fate still unknown.
RIP
A bit later we come across a long masonry wall on which some talented young urban artists have left their mark for aesthetic posterity.
Sure is colorful…
Garbage in, garbage out. Indeed.
The final four or five hundred yards of our journey run parallel to the Burlington Northern/ Santa Fe main line tracks that run about 50 feet away, and about 3 feet higher than the “walking and bike” trail. I leave it to each reader to judge the propriety of this strip as a positive recreational opportunity. But see below for the “sound” part of the program.
Over there is run and play and enjoy… (Photo by Julie Leopo/Voice of OC)
Now, finally, we arrive at our all-important destination. The back corner of an empty Independence Park parking lot. This is a park you might want to go to if you lived in this part of Fullerton; but really, what soft-headed urban adventurer would choose this route?
You have arrived at your destination.
Finally I offer a sample of the auditory delights awaiting the hopeful recreation enthusiast on the Trail to Nowhere – apart from the sounds of auto repair, metal work, spray painting and tire changing. The BNSF mainline freight trains rumble alongside our trail, and are not shy in expressing their presence. You can barely hear yourself think. These trains are often a mile long.
Now Gentle Friends, my photo essay is over, and my duty to show Fullertonions the ambiance adjacent to the proposed Trail to Nowhere is fulfilled. Most people, when asked, would say an old railroad right-of-way conversion to a rec trail is good, because it is good – in principle. But folks perusing these images would be well-advised to traverse the strip themselves, perhaps with police escort; and, after enjoying the sights and sounds and smells, consider whether or not the Trail to Nowhere should be redeveloped with the area, in a thoughtful broader plan, instead of the way it proposed now; and, whether the State grant money might be better spent elsewhere.
While I was strolling along the ill-fated Trail to Nowhere the other day, I came across a small shrine-like set-up just where the UP right-of way starts its parallel run with the BNSF mainline.
This is what I saw.
This small memorial is dedicated to somebody called Emmanuel Perez who died at 28 years of age, six years ago. I did some quick searching and found no news references to anybody dying here, whether by foul play or by train accident. But Fullerton has a history of keeping bad news out of the news.
Naturally, Voice of OC “photojournalist” Julie Leopo failed to publish this image after she took her guided tour of the area, helpfully provided by “journalist” Skaskia Kennedy. That would not have been good for the pre-arranged narrative.
Death on the Trail to Nowhere is not new, but this is one I hadn’t heard of. If anybody can shed some light on the life and death of Emmanuel Perez, let FFFF know.
What do you do when your City Manager is spectacularly unspectacular? If it’s Fullerton you give him a raise.
I’ll drink to that!
See, in Fullerton if you’re a City Manager who avoids getting drunk and driving over a tree before trying to evade the law, you’re doing pretty darn good.
Don’t let the amorphous shape fool you. Oh, wait…
And so Mr. Eric Levitt, who has been City Manager for less than 2 years is getting an 8% raise from $250,000 to $270,000. This gentleman is hardly any different than the two temps who preceded him and gives precisely the same deference to an incompetent collection of underlings. In the past 20 months he hasn’t shown any interests in establishing a corps of excellence – just the opposite in fact, and this must be cause for comfort for a City Council that thrives in a culture of not bad is outstanding – just try not to let us make ourselves look too bad.
Last year, the City Manager predicted dire economic issues ahead for Fullerton, massive deficits, of course; and by the end of 2023 Levitt had already started paving his own path of least resistance by hiring a public opinion pollster to drum up support for a general sales tax. This year’s mission will be to revive the ill-fated Measure S, give it a new letter from the alphabet, and let the cops and emergency medics pitch it to the public.
I came across this video gem the other day. Look and sound familiar? The Australian TV show Utopia, goes after high speed rail as never making economic sense. But economic sense ought not to get in the way of progress, and the idea of intercity transit going real, real fast is irresistible to some, including the army of consultants, engineers, union construction workers and land grabbers who make bank on the concept.
California’s HSR Authority has been a sink hole for billions and billions of dollars, escalating costs, tortuous delays, etc., etc. And yet it gasps on, staggering along thanks to its own bureaucratic inertia – an idea sold to the voters over 15 years ago and with little hope of opening the easiest segment before 2030.
Meantime, this titanic boondoggle is scoping the all-important line from Anaheim to Los Angeles where the line currently under construction in the Central Valley may never reach in this century. Cutting through this urban landscape, including Fullerton, will cost a fortune, of course, and the HSR won’t be able to go much faster than existing train service. What would it mean for us if this dopey authority cut a swath through Fullerton? It won’t be good, that’s for sure.
But who cares? In California it’s not efficacy that matters. It’s the grand gesture, and in this case the laughable assertion that California will be appreciably better off by spending hundreds of billions of dollars to buy a few train trips per year.
A few weeks ago I published a post on the extremely dubious efforts of a paid consultant to begin a renewed effort to raise a new sales tax in Fullerton. The consultant is an operation called FM3.
We’ve seen this movie before. Many times.
In an effort to build momentum toward justifying a new tax a consultant is tasked with cooking up a poll, a survey that is worded in such a way as to make the question of a new tax sound not only plausible but even desirable.
The information that is collected is meant to probe the electorate’s weak spots, just like an army might send out reconnaissance to figure out where to attack.
Another benefit is to begin the process of developing ballot statement language that will push and persuade voters to the correct decision – a decision that will always be to vote for the tax. The reasons will be a short recital of the usual, low-hanging fruit, public safety being at the top of the list, but with no explanation that our public safety corps – emergency medical personnel (formerly known as :firefighters) and cops already suck up the majority of Fullerton’s General Fund. Mention of parks, quality of life, libraries and now “homeless” will be thrown in to the pot; and infrastructure maintenance will be included, disingenuously, to get support of the more hard-headed voter, just like last time.
Let me count the ways…
And of course this language will be also be used by the inevitable political action committee formed to wage the propaganda war.
Make no mistake about it. The consultant hired to undertake this effort will know at the outset what his mission is. He knows who hired him and he knows what his employer wants.
Here’s a fun little Aussie video that spells out the process succinctly:
And so it goes. The start of a charade in which the taxpayers foot the bill to be “educated” into supporting a pre-determined outcome. The line between education (legal) and propaganda (illegal) is not bright, as asserted by Councilmember Bruce Whitaker. The fuzzy demarcation is exploited all the time by government agencies – always based on information collected in the original poll.
Don’t Reward the City’s Stupidity
The hopeful part of this is that the electorate is not always as easily persuaded as is supposed by the would be taxers. This was demonstrated in Fullerton in 2020 when voters rejected the ill-considered Measure S, and property tax-based bond floats by Fullerton’s two school districts.
In the end the Council (Jung, Zahra and Charles) voted, vaguely, to keep the “education” process going, a process that we know is nothing other than political propaganda aimed at persuading a majority of voters and coordinating with a special political action committee set up to scare, cajole, and bamboozle the voters.
Just in case you missed last night’s City Council meeting I am thoughtfully presenting a recap of Trail to Nowhere item.
Informed commentary was not forthcoming…
Public comments kicked off the fun-filled evening with the usual Ahmad Zahra puppets berating the Council majority for their many deficiencies.
The trail didn’t go anywhere, but it sure was short…
And then followed, once again, an re-examination of the corpse of the Trail to Nowhere, a topic that had somehow made it back onto the agenda courtesy of Zahra and a compliant City Manager and City Attorney. Bruce Whitaker immediately stated his opposition to this move and motioned to take up the discussion in January. This was seconded by Nick Dunlap.
Let slip the dogs of law…
Howls of outrage filled the chamber from the usual brigade of uninformed Zahra followers who were told that they could only discuss the motion to continue the matter, and not sing their usual hosannas for a complete waste of $2,000,000. True, this was weird. City Attorney Dick Jones of the “I Can’t Believe It’s a Law Firm” blessed this process, which of course made absolutely no sense. Since when can the public give comment on an individual motion of the Council? See the problem? I got the distinct impression that Jones was trying to redeem himself for letting the thing on the agenda in the first place.
Staying awake long enough to break the law…
I’m going to write a separate post on why it’s time, way, way past time to shit-can Dick Jones and his crew of incompetent lawyers once and for all.
Anyway, public comments did proceed with speakers accusing the council majority of Whitaker, Jung and Dunlap of wasting their time and trying to kill the Trail to Nowhere by stalling it to death. None of these worthies seemed to get the irony that it was their hero, Ahmad Zahra, who was stringing the thing out by putting a dead issue on the agenda. And he was doing it solely for the purpose of embarrassing the Council majority. Some wanted the matter decided then and there, a pretty reasonable demand if you think about it, and one that really would have laid the matter to rest.
If I knew what I was talking about this wouldn’t be Fullerton!
Councilwoman Charles phoned in her nonsensical two cents by claiming that “new information” rendered the August decision open for discussion because it didn’t look like the State was going to allow a repurposing of their grant. Of course that was a misstatement of the Council decision which was clear: turn down the grant unless it could be used elsewhere. She also added that changes had been made to the plans – a completely false statement.
I know what’s best. Trust me.
After more Zahra pontification about his neglected district, yadda, yadda, the Council voted to continue the matter until January 17th, 2024, a move that unfortunately validates the improper move by Zahra to agendize the matter in the first place.
The only interesting thing that emerged from the issue was thatAhmad Zahra had gone directly to the State Natural Resources Agency behind everybody else’s back, and Fred Jung found out about it.What this communication entailed is unknown – Jung wants to get to the bottom of it – but I have the sneaking suspicion that Zahra was trying on his own to undermine diversion of the State funds to something useful – again, to simply to embarrass his colleagues. According to our lackluster City Manager, Eric Leavitt they are planning another meeting with the State.
The good people at California’s High Speed Rail Authority, who just can’t waste our money fast enough, are moving toward a revised track alignment between Los Angeles and Anaheim. What does this mean? It means a massive boondoggle of course, spending billions to bring a “bullet train” to Orange County that won’t be any faster than the Metrolink line that covers the same distance in the same amount of time.
The new configuration would share existing tracks along the current three-track mainline, and would a add a fourth, dedicated line. And where would the fourth track alignment go? In Fullerton it would have to go on the south side of the main line tracks because there isn’t any room on the northside where the BNSF Railroad currently has two sidings right up to the edge of their right-of-way. The south side of the tracks, however do have room from the Commonwealth underpass as far as Harbor Boulevard.
Of course this would mean using the property that the Parks Department and the Friends of the Trail to Nowhere say is feasible (later on) to take their amenity to the Hunt Branch Library, and beyond. The question of how the trail could get past the BNSF mainline tracks would become moot. The trail would require a prohibitively expensive bridge with elevators; either that or a bridge a quarter mile long, or more. And there goes the alleged connectivity that the Trail to Nowhere boosters keep talking about, even if the BNSF were willing on some distant day to sell to the City.
The trail folks can pick their poison. Useless transit or useless bike trail. Of course they would have to educamate themselves first, and that’s just not going to happen in the Education Community.
A few years ago during the depths of the COVID pandemic, the Fullerton City Council voted to put a sales tax measure on the ballot. Since things were looking grim and with revenue falling off, the best course of action in City Hall seemed to be to lay it on to taxpayers. It was necessary to protect Fullerton’s quality of life, you see; or, to be more precise, to protect the pay and pensions of City employees, particularly the cops and “fire fighters” who suck up the majority of the municipal budget.
Well, the names have mostly changed, except for Ahmad Zahra, but the playbook remains the same.
At their November 7th meeting the City Council heard a report from a company called FM3 that had been tasked with producing a survey of resident concerns, and, significantly, to poll them about how to raise revenue. And lots of it.
Who actually hired FM3 in the first place is a mystery, but it must have been our illustrious City Manager, Eric Levitt, since no record of the Council approving a contract is found in the City Clerk’s database. So far they have been paid $49,000 – most likely sneaking under their City Manager’s spending authorization.
Before delving into the presentation, it’s important to note that FM3 is a consulting operation deeply involved in promoting government tax and bond efforts, and has been supporting liberal Democrat politicians for decades. One of the clients listed on their website is Carter/Mondale! On their splash page we find the slogan: Synthesizing Public Opinion To Help Achieve Your Goals, which is code for push polling that promotes your client’s goal of raising taxes.
The company conducted its polling of likely voters last spring, The “results” were presented to the Council on the 7th.
The concerns of the citizenry polled emphasized Fullerton’s rotten roads and included a bunch of stuff that the City has no control over and is merely being used as data filler. The options were presented by the pollsters.
Notice the inclusion of budget shortfalls on the list. According to FM3, 45% of those surveyed believe budget shortfalls are a extremely/very serious problem. Really? Then the other shoe begins to drop.
First, it’s curious that somehow data relating to 2019 and 2020 are shared. Where did that data come from? And what happened to 2021 and 2022? This presentation is just nonsense.
The bland term “additional funding” to the initiated means more taxes, but probably not to those polled. Not yet anyway, for the respondents are being artfully massaged by people whose job it is to push and pass tax proposals for their governmental “clients.” The bit about providing “the level of services Fullerton residents need and want” is telling, and so is the language. How does one’s “personal opinion” qualify one to opine on all Fullerton residents? The purpose is to loosen the respondents mind into the miasma of the common good, as defined by the principle beneficiaries – City employees. Then the other shoe hit the ground.
It didn’t take very long for FM3 to roll out a couple of “hypothetical” sales tax raising ballot measures, one a general purpose tax and the other more narrowly directed to infrastructure, although including the ambiguous phrase “to maintain rapid police, fire and 911 response.” The general purpose tax only requires 50%+1 ballot majority; the special purpose tax requires a 67% majority. The latter is an almost impossible threshold to get over.
Then FM3 rolls out some interesting language in their push for a general sales tax. Notice how these alleged concerns of the surveyed mimic the language of the typical “push poll.” FM3 is using language that will elicit super-high positive responses and suggestthat others are already on board. The tiny text at the bottom of the slide tells all. But is all this dire language persuasive when it actually comes to voting?
Finally, FM3 sums it up by saying that a general sales tax is winnable. But is it? Somebody said the same thing about the City’s Measure S back in 2020 and it failed.
In the end the Council (Jung, Zahra and Charles) voted to keep the “education” process going, a process that we know is nothing other than political propaganda aimed at persuading a majority of voters and coordinating with a special political action committee set up to scare, cajole, and bamboozle the voters.
As Bruce Whitaker pointed out on the 7th, there is supposed to be a “bright line” that separates government information from government propaganda. But this line only in the abstract law. In practice the line dissolves almost completely.
By now Fullerton City Hall is aware that their partner in a boutique hotel/apartment high-rise on Santa Fe Avenue, TA Westpark LLC, is in trouble. TA Westpark Fullerton., AKA Johnny Lu has defaulted on a massive loan, previously borrowed to complete projects in Irvine.
Why is Johnny smiling?
The fallout from this embarrassment remains unknown, although there are plenty of questions that need to be answered, and sooner rather than later.
One of the questions involves the transfer of the public property ownership at the site to TA Westpark Fullerton, LLC before proper project approval, a desperate, and of course, totally unnecessary act. And the actual documents supporting ownership of the land in question need to be examined, too.
On December 22, 2022 the City sold the land at a huge discount to Lu. Check out the grant deed:
By now Craig Hostert, whose brain-child the boutique hotel was, is scratched out and TA Westpark Fullerton, LLC, a Delaware corporation, is the proud owner of the land and the transfer is signed by a “managing partner” of a whole other entity – “TA Partners.” Looks like Hosteret was bought out or walked away, abandoning his baby.
But, as they say in the infomercial, wait, there’s more. A quick check of the State of Delaware’s corporations roster doesn’t turn up any results for TA Westpark Fullerton, LLC. Hmm.
No responsive records…
And here’s something else. A few months later a new grant deed was promulgated and recorded at the County of Orange. Here, the hard to find Delaware corporation deeds the land in question over to TA Westpark Fullerton, LLC, a California corporation.
Something is odd here, and it’s not just the amateur hour handwritten changes on the original deed. Did the City sell this property to a non-existent corporate entity? If so, hasn’t some sort of fraud occurred? Why the shell game here, and could the original deed be considered invalid in retrospect?
No, I wasn’t asleep. I was praying…
We could ask these question of Dick Jones of the “I Can’t Believe It’s a Law Firm” law firm, because I doubt the City Council will make inquiries of their ace lawyer. Getting an honest answer from ol’ marble mouth? A rare and precious jewel.
Some might think this entire fiasco is going to get worse before it gets better. I’m not sure how that’s possible.
