Bungled Boutique Hotel May Be In Big Trouble

Friends probably remember that FFFF has been relentlessly critical of the dubious scheme approved by our City Council to underwrite a downtown boutique hotel and uber-dense apartment project on a parking lot owned by the City and used by Metrolink commuters.

Here’s a reminder: three councilmembers Bruce Whitaker, Shana Charles and Ahmad Zahra voted to sell this property to a developer for a mere $1.4 million (less site material removal) while simultaneously time jacking up the value of the land by approving density 2.5 times the limit specified in the Transportation Center Specific Plan. It was a gift of public funds at least ten million dollars.

Here’s the fun part. The original and completely unqualified baby daddy of the project, Craig Hostert, didn’t have the wherewithal to make the deal. After years of failing to perform on his Exclusive Negotiating Agreement and numerous extensions, Hostert’s West Park Investments, LLC joined its non-existent forces with TA Partners Development of Irvine, Johnny Lu, proprietor.

Mr. Lu, the new face of the project, appeared at council meetings to seal the deal with a ration of gobbledygook bullshit.

Now it appears that Mr. Lu may not have been the best choice of partner according to the Real Deal Real Estate News.

Why is Johnny smiling?

It seems that Johnny has gotten himself in over his head on two projects in Irvine, including second bridge loans that he has now defaulted on. And of course Sunayana Thomas, Fullerton’s crack “business development” director seemingly failed to inform the City Council of Mr. Lu’s impending financial embarrassment, something that should have been revealed in even a cursory perusal of TA Partners’ asset to debt ratio and its balance sheet.

And then, of course there is the problem with the completely incompetent concept of rushing the approval to transfer of title to the land, before the deal had received final approval.

By now the Council has possibly, though not necessarily been informed by the Fullerton City Manager, Eric Leavitt, of the problem, but where does the deal stand? Title to the property has been transferred from the City to and through Lu’s companies*, presumably for the original sale amount. But if TA Partners can’t perform, will the City get its now very valuable property back, or will it be encumbered by bankruptcy receivers? Will the City, in order to save face as it always has, permit Mr. Lu to assign his rights and interests to another party as a face-saving strategy? If that happens, will the original bad idea still go forward, or will the Council approve something even worse as a sop to a new developer so to avoid admitting their horrible mistake in the first place?

You can try asking Whitaker, Charles, or Zahra, the architects of this inexcusable and completely avoidable mess, but don’t hold your breath waiting for a response.

* Topic of future post

Misuse of the City Seal

A Friend directed me to a item in the Fullerton Observer about how Mayor Fred Jung had misused the official City seal on business cards.

UPDATE: 6:45PM 10/31/23. To protect them from getting nasty calls from any mean spirited person out there, the phone numbers of these honest men who are trying to help Fullerton’s economic growth have been redacted. The cards were originally published in The Fullerton Observer. I’m curious where the Observer got the cards from to begin with., something tells me it was devious. Two wrongs don’t make a right. Hope The Observer follows suit, but don’t hold your breath. Admin.

There’s nothing odd or wrong about members of City commissions using official insignia and I bet it happens all the time. What is strange is the creation of non-existent jobs advertised on two of the cards we’re looking at here. There is no official thing as a Mayor’s Art Counsel (sic?) or a Mayor’s Economic Advisor. These endeavors would be purely unofficial and creating business cards for them is wrong. And there is no reason to include a résumé on the backside of anybody’s City-related card.

Look at us, look at us!

One of the reasons I’m posting this is because a few days ago FFFF published a blog post about the self-congratulatory and unsolicited statement sent out by Councilmembers Ahmad Zahra and Shana Charles about the situation in Gaza on City letterhead that includes the City seal, and that was published in the Fullerton Observer without objection. In the comments section one of our Friends questioned the dubious use of the City seal.

The self-righteous Kennedy clan that operates the Fullerton Observer is too dense to recognize their own hypocrisy here, but I’m not.

The misuse of the seal is happening, and it needs to be stopped, regardless of who is doing it.

The Trail to Nowhere Phase I Scam

You know, the more I have looked into the ill-fated “rec trail” that would have wasted $2,000,000 in public funds, the more I notice a trend of ignorant misstatements and misdirection; outright prevarication and a lot of hopeless wishful thinking.

Since it’s so hopeless, I can dispense with the wishful thinking (for now). The deliberate lies will be the theme of another post. This post will deal with the misstatements concerning the so-called “Phase I” of the Trail to Nowhere that City staff and trail supporters keep talking about as some sort of achievement. I really wonder if any of them have ever actually seen what they are talking about. I went there today, and I’m here to help.

First, here is a satellite image of “Phase I” that was put in place at the same time the Union Pacific Park was built. The black line is superimposed over the “trail” – a sidewalk running next to a decomposed granite path along which an horse railing was thoughtfully added, presumably for the equestrian enthusiasts in the barrio.

The trail, such as it is, doesn’t even start at the UP Park. It starts just west of it. It runs a few hundred feet and makes an abrupt 90 degree turn, crosses the paved alley about 50′ and then it makes another 90 turn to the left and eventually follows the descending grade of Highland Avenue where it stops at Walnut Avenue at the bottom of the railroad underpass.

Phase I’s inauspicious beginning. It gets worse.
90 degree turns ahead…
Down she goes…no Phase II in sight.

Does any of this “trail” meet any sort of basic requirements? It sure looks like a design mess to me. And of course this “facility” has been completely neglected by City maintenance and is covered in weeds, broken railings and strewn with trash and vandalized by graffiti.

It’s perfectly obvious to anybody with a modicum of commonsense that this effort has no broader connectivity at the east end. It has no connection to the Transportation Center, Downtown Fullerton or parts east, as continuously claimed by promoters of the “Phase II” extension. It has no connection to anything except the fenced off UP Park. In fact, the thing is so obviously useless for its intended purpose that the City used the adjacent parking stalls for homeless car campers. Who would care? The route behind the Elephant Packing building smells like it’s been used for public urination. A lot of it.

The sad fact is that of course nobody uses this trail for recreation purposes, and for obvious reasons. It’s useless and it’s often dangerous.

Local youths recreating on Phase I…

The answer? Phase II of course! The problem with this little useless zig-zag is to connect it to Independence Park with a two million dollar extension, and the problem is solved.

Here’s the City’s plan:

But how is that supposed to work, exactly? If you look at the City’s proposal image above you can easily see that the Phase I part doesn’t even line up with the would-be Phase II to the west, indicated above by the arrow. But the asphalt alleyway does.

Uh, oh. It’s Fullerton, Jake…

This would have meant that Phase I isn’t even finished and would require further modification, a scope of work not discussed by anybody, not shown on the plan above, not budgeted, and one that would mean the horror of a bike trail running alongside the existing paved road to get to Highland Avenue. And then of course there’s the problem of actually getting across Highland and traffic line of sight safety – another impediment to recreational fun.

While the questions of Phase I’s utility and connectivity to Phase II are now, fortunately, moot, it’s instructive to observe the design failure and the real truth: this would never have been a connection to any other part of eastern Fullerton or linkage to any regional trail plan as relentlessly cited by staff. The only way Phase I was useful was its availability to justify an extension. Unless you were to look at an actual map.

The Scarcity of Public Information

The trail didn’t go anywhere, but it sure was short…

As might have been predicted, someone made a Public Records Act request on October 12th for information regarding soils and environmental testing on the abandoned Union Pacific right-of-way, purchased by the City of Fullerton in the 1990s.

Why is this request germane to FFFF? Because the blog has speculated about contamination along the UP right-of-way, in view of previously discovered toxicity that closed the UP Park and because it is known by the EPA, the Orange County Water District, and the City of Fullerton’s Engineering Department that the carcinogenic chemical trichloroethylene was discovered at 311 S. Highland Avenue, a heavy industrial property that lies along the proposed recreation trail on the UP right-of-way. It is also known that contamination is moving south and east from the aforementioned property.

Is it safe? Is it clean?

Needless to say, none of this information was given to the Fullerton City Council when they considered approving the State Natural Resources grant that would have paid for most of the trail construction.

Here is the request:

Well, that’s a pretty simple request. And, as you can see, the City claims that it has complied by issuing a “full release” of documents. Here’s what they released:

Enjoy yourself reviewing these documents on the City Clerk’s website page. It won’t take you long. Of the 6 files listed none has anything to do with soils or environmental testing. From this response, such as it is, we may reasonably infer that no testing was done, or if it was, the documentation is lost. In either case the proper response should have been “no relevant documents exist.” Instead City staff posted completely irrelevant and non-responsive documents onto their website. Was it just an effort to look responsive, somehow? Did they even care?

Don’t know, don’t care… (Photo by Julie Leopo/Voice of OC)

If we grant that the City’s functionaries are somewhat honest as they go about their business then we have no choice but to conclude that no soils or environmental testing have ever been preformed by the City or its agents along the right-of-way and that this has led to an egregious omission of information to a City Council being asked to spend $2,000,000 building a trail and no one knows how much securing and maintaining it.

The Importance of Being Self-Important

When you’re a politician and really feel the need to promote yourself what do you do? You wait for an opportunity. Almost any opportunity will do if you’re truly needy and advertising your brand is critical to your narcissist mission.

Here, our esteemed Councilmembers from District 3 and 5 have joined forces for a truly unnecessary exercise in showing how wonderful they are – Jewish and Arab-Muslim leaders. Of course the word leader should be placed within quotation marks.

How wonderful. Except that I have to wonder about the use of the City letterhead bearing the official City seal. Is this sort of expression even legal? Someone should ask Dick Jones of the “I Can’t Believe It’s A Law Firm.”

The Scam

Disillusioned Ex-Hippy has just written a nice piece about how the Voice of OC got conned into publishing a completely one-sided story on the defeated Trail to Nowhere, replete with the same falsehoods being printed by Saskia Kennedy and her mother, Sharon, who are responsible for the editorials of the Fullerton Observer.

The narrative is simple: poor, underserved Latinos are fighting City Hall to get “nice things.” Of course it was lapped up by Voice reporter Hosam Elattar who took the bait and the hook along with it. The whole thing is a genuine and popular uprising of hard working folk taking time away from their jobs, etc., etc.

But there’s a problem with this story, one that we already know about. And that is that the ongoing “protest,” such as it is, was ginned up by D5 councilman Ahmad Zahra to embarrass his political opponents on the Fullerton City Council. And this little scheme has been aided and abetted by the Kennedy clan every step of the way.

So get this.

On October 4th the Fullerton Observer is inviting people to show up at Independence Park that afternoon to talk about ways to improve Fullerton. No mention is made of protest signs and walks along the railroad tracks with narration provided by one Egleth Nunnci, Zahra’s loyal, go-to Latina foot soldier. Anyone seeing this message might believe they were going to discuss improving Independence Park and would hardly expect to hear the propaganda that has nothing to do with Independence Park. Neither would they expect a photojournalist (and maybe even a reporter) to be in attendance to report on a political protest, with signs handed out for fun.

What a sad, albeit sort of funny little scam, but just the sort of small-scale chisel Zahra watchers have come to expect. Now, it’s likely that nobody seeing that message even showed up, and that the trail hikers were all Zahra brand crisis actors. Nevertheless, the willingness to deliberately mislead citizens like this is pretty reprehensible even for the self-important and self-righteous Kennedy family.

Voice of OC Played By Trail to Nowhereists

Addendum: I apologize for not providing a link to the story in Voice of OC. Here it is. And after reading it again and Elattar’s phone interview with the egregious Egleth, I really have to wonder if he even went to the site at all. Why would he have to call her if he was there listening to her nonsense? Could this whole tale be simply the result of phone interviews? If so, that would be pretty bad, and seeing Leopo’s pictures still should have made his journalist’s antennae go sideways – if he has any.

DE-H

People who read the online news source known as the Voice of OC know that it reflexively leans toward stories that promote the notion of the local underdog up against monied interests entrenched in the corridors of power.

And that’s okay – up to a point. And that point is crossed when their “reporters” buy into some shenanigan or other without delving at all into the issues. It’s the narrative that counts, of course: rich vs. poor, good vs. evil, and the narrative must not change.

And so when Voice of OC reporter Hosam Elattar got a call from Ahmad Zahra (or one of his brain-washed followers) about the “popular” uprising in Fullerton about a rejected “greening” grant it must have been irresistible. And so the Voice scribe showed up for some sort of Trail to Nowhere romp where the usual suspects – Egleth Nunnci and Saskia Kennedy of Fullerton Observer infame – were ready for him, with a gaggle of followers bearing the usual “home made” signs of protest.

Over there is the run and play and enjoy railroad tracks. We need that fresh air. (Photo by Julie Leopo/Voice of OC)

It doesn’t seem to have occurred to Mr. Elattar to ask why protesters with signs were parading down the abandoned UP right-of-way where exactly nobody could see them, except Julie Leopo, the Voice “photojournalist.” A real reporter, or an honest one at this point would know he was being played. It doesn’t seem to have occurred to him to inquire into Nunnci’s absurd statement that he later published:

“This is an area that is overpopulated, overdeveloped – where people are not thinking about green spaces,” Nuncci said. “Mental health (issues) are happening because our children don’t have the opportunity to go and play and run and enjoy.”

The trail didn’t go anywhere, but it sure was short…

Elattar didn’t ask why those poor, mentally affected kids couldn’t “play and run and enjoy” themselves in nearby Richman Park or Lemon Park or Independence Park. Nor did he inquire into the question of how these little victims of society were going to get to the Trail to Nowhere, since only one street – three short blocks of Truslow Avenue – is closer to the right-of way than to Richman Park or Independence Park. And he didn’t bother to notice, or at least inquire about the graffiti and ask Ms. Nunnci if maybe the industrial zone with its obvious blight, might not be the best place to build a linear park. The Leopo pictures themselves betray the problem by showing the beloved Trail to Nowhere as it runs along the no man’s land next to and lower than the Santa Fe mainline tracks.

Did Elattar bother to continue along the route to see what it passed through? Did he even bother to look at a google satellite image?

Did Elattar bother to interview any of the residents of the adjacent Liberty Walk community at the western end to find out if they were even notified of the Trail to Nowhere proposal that had lights shining into their backyards? What about SOCO Walk on the eastern end? Did he ask anybody who actually lived on Truslow whether they would use this silly facility? Why would he do that? He already had his tale from the get-go.

Elattar, moreover, took it as gospel that this rump trail would have provided connectivity to other trails and “several parks.” It would not have – previous lies that even City staff have finally abandoned, although The Fullerton Observer keeps using to dupe the gullible kids and the elderly Observers who just can’t know better.

And finally I would be remiss if I didn’t share this charming image:

Why just write about stuff when you can try to make your own news! (Photo by Julie Leopo/Voice of OC)

This is Saskia Kennedy, directing traffic for her photo op actors, creating the news before her Fullerton Observer writes opinion “news” articles about it.

One hopes that Hosam Elattar’s superiors at the Voice of OC cotton on to the scam pulled on their ace reporter and advise him to delve into the issue more closely. But I’m not counting on it.

Part II: Is the “Trail to Nowhere” Poisoned?

It could be. Last post I described how the the UP Park was contaminated and shut down for remediation just after $2 million were sunk into building a park. Nobody in the City bothered to do an Environmental Analysis.

I asked, rhetorically, whether the rest of the long UP right-of-way had been subsequently tested for toxins in light of the fact that trichloroethylene (TCE) had been detected on the property at 311 South Highland Avenue, a property adjacent to the proposed Trail to Nowhere. It seems that some years ago the Hughes Corporation used the solvent to clean up the circuit boards they made at this location, and the EPA still regards it as an active site.

A trail runs through it…

A little digging uncovered the fact that ground zero seems to be the west end of the property where testing has been periodically done in the area of a likely dump site for the nasty TCE toxin. Apparently there are several monitoring wells located in the yellow areas circled in red in the image below.

Please note the proximity to the Trail to Nowhere of the wells in the lower left. 15 feet? 10 feet? 5ft? Surely somebody in the Parks or Engineering Departments gave thought to this when the Trail to Nowhere concept was developed; when the grant application was made; even when the proposed project budget was laid out. No? If not, why not? How could they not have known? The EPA has recognized this as a site of TCE ground water contamination where a toxic plume is heading southward – under the proposed trail.

At this point questions are starting to pile up. Questions that may have uncomfortable answers.

We are fortunate that Messrs. Dunlap, Jung and Whitaker have put the kibosh on the silly and wasteful Trail to Nowhere proposal for other common sensical reasons. And yet there remains the problem about lack of disclosure to our elected officials in their decision making process, and perhaps even in the grant application itself.

The Poison Trail to Nowhere?

Is it safe? Is it clean?

Is the ground under the now deceased Trail To Nowhere polluted with a toxin that nobody bothered to tell our City Council about?

I don’t know. But I do know that the question came up the other day and has the ring of truth to it.

In the last FFFF post about a bike trail that runs parallel to the now dead Trail to Nowhere, one of our Friends by the name of Observer pointed out the existence of trichloroethylene contamination at 311 South Highland Avenue and provided a handy link to a government website that indicates polluted sites.

Sure enough, 311 S. Highland Avenue is indicated on the map, and this address runs adjacent to the proposed trail west of Highland Avenue. The blue square represents an active contaminated address.

A trail runs through it…

Trichloroethylene (TCE) is used as a solvent for degreasing metal parts during the manufacture of a variety of products. This is really nasty stuff, and was used by manufacturers of circuit boards to clean stray solder and other unwanted material off the boards. Guess what? Hughes used to make circuit boards on this property several decades ago.

Did our crack city staff know about this situation? If they did, they sure weren’t talking. We know that 20 years ago the same folks bought the former UP property without doing any due diligence – which is why the UP Park had to be closed right after construction for remediation of toxins and gained the moniker “Poisoned Park.” Did anybody in City Hall learn anything from that previous disaster?

The test of that question is whether anyone commissioned a so-called Phase I Environmental Study, used to assess potential environmental issues on a given property, in this case, the long, skinny trail site. If they had they surely would have discovered the history of 311 S. Highland, and that it was long ago identified by the Environmental Protection Agency as contaminated. At that point a Phase II study should have been conducted to determine if indeed, the long UP right-of-way was contaminated like the eastern end of the UP property was.

Of course, none of this was discussed at the City Council meetings pertaining to the State grant or the trail design; fortunately Dunlap, Whitaker and Jung made the right decision without knowing any of the back story about the proposed trail’s neighbors.

Tanned, rested, and ready.

There is more to be learned about what happened, or, to be more precise, what didn’t happen in this process. Rest assured, our crack team of investigators will be pursuing this issue, and as we learn more we’ll be reporting what we know with the Friends.

What They Didn’t Tell Anybody

The City of Fullerton Parks Department wanted a bike trail from The abandoned UP Park to Independence Park – a mere three quarters of a mile a way. They had an ally in D5 councilmember Ahmad Zahra who was desperate to be seen giving something to his “poor,” Latino constituents; whether they wanted it or not was irrelevant. And of course we now know that the Fullerton Observer, an operation that pretends to be a news outlet was (and still is) busy stirring up support for the silly and expensive idea, even after the council majority voted it down.

All of these bad actors had reasons for wasting $2,000,000, and none of them were good.

Nobody noticed…

Thanks to good Friend D. Johnson, we also now know something else: that none of these self-interested people – disingenuous or just plain ignorant – told anybody is that there already is a designated bicycle route from the south side of the Santa Fe railroad tracks at the Depot that follows Walnut Avenue and turns south on Richman to Valencia Avenue, and that this bike route, should anybody want to use it, goes to the front of Independence park, not the hidden back corner.

What is that strange, totemic symbol on the asphalt?

Hard to believe that the existence of this bike route was never mentioned by anybody, but we’re talking about the Fullerton Parks Department that has a long history of deliberately omitting facts, misleading the council and the public, and has resorted to outright peddling of lies to get what it wants from our feckless councils. It was this department (in conjunction with the Planning Department) that ignored the council’s request for a broader vision for the land adjacent to the UP right-of-way.

More bike…

It would be more than a bit embarrassing to acknowledge an existing bike route just 200 feet or so from their proposal and running parallel to it! So of course they didn’t.

Connectivity. For free!

And the existing route – with a little paint striping – can be easily upgraded and the people of California will be $1,780,000 better off; and the people of Fullerton will be $300,000 better off in capital costs plus who knows how much in maintenance and water costs. And any and all bike riders who wish to make the tour through this industrial neighborhood can do so at their convenience and leisure.

Which brings me to the conclusion of this story by noting that people who work along the Walnut/Richman route inform me me that they don’t recall seeing a lot, if any bicyclists along this route. And this may very well be because nobody wants to go that way – despite its connectivity to the bike route on Valencia. There is a mind-set among top-down liberal circles that if you build something for the underserved, people will, must use it, despite decades of evidence to the contrary. The idea that demand might well encourage supply is a completely alien notion to them.