Suffering The Stolen Sidewalk Saga

Gone, but not quite forgotten…

Two months ago I reminded the Friends that the never-ending story of the stolen Commonwealth public sidewalk was alive and well. The provocation was a closed session agenda item listed as “significant exposure to litigation” between the City of Fullerton and Mr. Mario Marovic, the owner of the building at the northeast corner of Harbor and Commonwealth. Marovic had submitted some sort of claim against the good folk of Fullerton, often an aggressive gambit to stall and temporize.

Meet the new proprietor, same as the old proprietor…

A quick rehash of the facts: Marovic took over the space from the decamped Florentine crime family and immediately gained access to the “bump out” on the sidewalk; and he then began remodeling it along with the rest of the first floor space for his new bars. He had no authority to do so because, of course, the City acquired responsibility to dispose of the building add-on after the Florentine’s bugged out on their lease with the City. In his application for CUPs for the new bars Marovic even included the City owned space as his own.

In the late summer of 2022 Marovic was well-along with his remodel even though his CUP hadn’t been approved, but the issue of the egregious bump out resurfaced, thanks to FFFF. In September, 2022 the City and Marovic reached an agreement that was signed by Eric Leavitt, our esteemed City Manager, and not the Mayor at the time, Fred Jung.

The terms of the agreement were simple enough, and FFFF has shared them before. The thrust of the deal was that Marovic could open his new bars (including the bump out) and he would then undertake to remove the bump out and restore the public sidewalk. Here is the actual clause describing terms and deadlines of the deal:

As you can see, demolition was to have begun at the end of March, 2023 – almost ten months ago – and be the rework complete by July, 2023 – five months ago. Marovic opened his businesses, alright, but never started demolition, and probably didn’t meet any of the other deadlines, either.

A little late, Kimberly…

So when is an agreement not an agreement? Apparently, when it’s written and approved as to form and content by Kimberly Hall Barlow, the obnoxious member of Dick Joneses “I Can’t Believe It’s A Law Firm” crew.

I almost know what I’m doing…

It’s interesting to note that Barlow didn’t approve the six month old agreement until March, 2023 – 4 days before demolition was to supposed to have started.

Of course Dick Jones and his fine stable of attorneys have been bungling the case of the stolen sidewalk from the very beginning, including personal conflict of interest, embracing ludicrous legal rationale at the behest of the Florentines, and even countenancing forgery on an official City document by Joe Florentine.

Still, one has to wonder what our elected officials themselves have done about this. Clearly the unwillingness of the City to enforce a legal agreement, signed by Marovic stems from fear of legal action. But Marovic is undeniably in breach of the contract he voluntarily signed, even though there is zero evidence that it was signed in good faith.

The City can and should begin the process of revoking Marovic’s CUP, the permit that has allowed him to make a lot of money over the last 10 months while failing to live up to his side of the bargain. As owner of the bump out the City has every right, at least, to revoke the CUP that covers its own property, as gotten fraudulently.

The City can also notify Marovic that it intends to remove the building addition itself, since he won’t do it, and bill the scofflaw for the cost.

dick-jones
Staying awake long enough to break the law…

Of course neither of these remedies will take place, because this is Fullerton, where the elected officials are feckless and beholden to the Downtown Liquor Cartel; and because they insist on, decade after decade, following the dismal advice of Dick Jones.

Who Was Emmanuel Perez?

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.

The Trail to Nowhere Grant Application

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

Curious Friends have been asking about the grant application the City of Fullerton submitted to the State of California Natural Resources Agency to build the now infamous “Trail to Nowhere.” Why? Because the plan, as conceived by parks employees as a make-work project, was so obviously useless, flawed and ill-considered. Reflect on these facts:

  1. Nobody ever used the allegedly successful “Phase I” except drug addicts and the homeless.
  2. The City has been unable or unwilling to maintain Phase I which is a trash-strewn, urine soaked disgrace, making the question of maintenance (below) perfectly reasonable.
  3. Phase I doesn’t even line up with the proposed “Phase II.”
  4. The scheme was going to cost Fullerton $300,000 to build; nobody would say what the running costs would be.
  5. The proposed “trail” was to run though an unsafe area of heavy industry, junk yards, a plating facility, an asphalt plant, parking lots and myriad used tire and auto repair places. It would have run parallel to the BNSF mainline track with no buffer for a third of its length.
  6. Carncinogenic trichlorethylene (TCE) had been identified years ago on an adjacent property by the EPA/Department of Toxic Substances Control that described an underground “plume” moving south across the path of the “trail.”
  7. Two requests for information regarding environmental investigation on the “trail” site, via the Public Records Act have been obviously stonewalled by the City of Fullerton.
  8. “Trail” advocates have been disseminating false information about connectivity to the Transportation Center and Downtown Fullerton, and positing future connections to the west that are completely implausible.
  9. And probably most importantly, no one could describe a potential “trail” user except by using generic data irrelevant to the actual site. The users would be the “community”

The grant application itself isn’t to be found in any City Council documentation, because they never approved the actual application, only allowed the application to be made behind the scenes on their behalf. But it turns out that copies of the document are available, possibly leaked by City Hall employees appalled at the whole mess.

Well FFFF has it.

The Strange Tale of Johnny Lu’s Grant Deeds

Enhanced with genuine brick veneer!

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.

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 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.

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.

It’s Ba-a-a-a-a-a-ck. The Trail to Nowhere Resurfaces

It’s a truism that cherished ideas of bureaucrats never die, despite the best efforts of people with common sense to kill them.

Just keep reapplying. You may get the job someday…

And so the previously proposed recreation trail from the poisoned UP Park to Independence Park is back in the news. How do I know? Because of a typical propaganda piece in The Fullerton Observer. This “article” is so lame, so badly written and so full of bias for this idiot idea that I am reproducing it in its entirety.

Revitalization of Union Pacific Park Gets Approved

BY STAFF ON AUGUST 7, 2023 • 5 COMMENTS )

In a remarkable display of community engagement, the City of Fullerton organized a public meeting on June 29th to gather input from residents about the revitalization of Union Pacific Park and the construction of the Union Pacific Trail. The conference aimed to hear the public’s desires and ideas for these projects, with the park set to be refurbished and the trail transformed into a fully realized pathway connecting Union Pacific Park and Independence Park.

During the meeting, various discussions ensued, with attendees grappling with visualizing certain areas based on maps and images. To gain a better understanding, the proactive community decided to schedule an on-site visit to the park and walk the trail together.

Egleth Nuncci took the initiative to collect participants’ contact information, and on July 8th, an enthusiastic crowd, including new faces, gathered for the expedition. With the valuable assistance of the Parks and Police departments, the walkers could explore the proposed trail route safely. Among the participants were notable figures such as Parks and Recreation Commissioner Adrian Meza, Active Transportation committeemember Anjali Tapadia, and Fullerton School District Board Members Ruthi Hanchett and Aaruni Thakur.

As they traversed the trail, they encountered rough terrain filled with rocks, weeds, and litter. However, despite these challenges, everyone recognized the trail’s immense potential as a seamless pathway connecting the parks. After the enlightening walk, the project options were brought before the commission.

  • Option 1 was to create a simple trail with a bike lane, fully funded by grant money from the city.
  • Option 2 involved building an additional road alongside the path, but this would require city funding as the grant wasn’t sufficient to cover road construction.

Passionate voices emerged during the commission meeting, with many walkers advocating for the trail-only option, urging against sacrificing greenery for a road. Commissioner Meza thanked everyone who participated in the community walk, including city staff members, for their invaluable insights.

Ultimately, the commission voted in favor of the trail-only option, a testament to the power of community involvement and the collective vision for a connected, green, and vibrant future. The decision now heads to the council for final approval, further exemplifying the democratic process at work in shaping the future of Union Pacific Park and Trail based on the voices of the people it will serve.

Time to recreate.

The title suggests something has been approved, which isn’t even true – par for the Observer course, of course. We are told that the City of Fullerton organized some sort of field trip along the UP right-of-way and that a remarkable display of community engagement occurred. We learn that “notable” figures showed up; notable to whom? We are left to wonder. In a hilarious and ironic comment we learn that there was some police presence to escort the limousine liberal entourage along the rocks, weeds and litter. Clearly somebody thought this jaunt could be unsafe, and somebody was right. However the proposed trail will somehow alleviate all this unsafeness.

The Observer tells us about the boundless potential of “seamless” pathway between parks (if you don’t count Highland and Richman Avenues). At least these people have given up peddling the lie of connectivity between this route and anything else at either end.

What’s really strange is that in this article the “community walk” somehow morphed into a “commission” meeting with a vote taken to eliminate a multi-modal option (a direct contradiction to the position already laid out by the Fullerton City Council). And the Observer sums up fulsomely by claiming preposterously, that some sort of democratic process took place and the voices of the people, rather than the stupid idea of a couple stubborn and insubordinate bureaucrats, won the day.

What really happened is that on June 29th a select gaggle of hangers on was invited to walk the length of Alice Loya’s pipe dream. The Parks Commission met on July 10th to get the one-sided report of what happened and to make a recommendation (not an approval) to the City Council. The staff report for this meeting makes no mention of the council’s previous position on these topics: namely that the area should be treated as a whole – not a piecemeal collection of bad ideas, and that furthermore, a multi-modal approach to the right-of way be considered. This last option was never considered at all. The report also ignores the fact that the UP Park ad hoc committee has committed itself to nothing as yet.

In other words, Parks staff wiped the slate clean and regurgitated that same garbage they tried last time. Same old strategy that has worked so well for them in the past.

George Santos in Fullerton

Everybody knows the guy who embellishes everything thing he does, often to the extent of fabricating resumes. We encounter these people mostly in the workplace where their toadyism keeps them employed.

Politics seems to attract these types in droves. Why? First, because the only real ability required in politics is getting elected and the self-absorbed, even delusional narcissist’s only real ability is to lay a successful con on people too lazy or indifferent to do a little research. Second, because once you get in to office the slate is often (but not always) wiped quite clean by the investiture of authority.

He almost reeks of victimhood

Which brings me first to George Santos, the serially prevaricating, baby-faced congressman from New York who was elected last fall based on a litany of lies so disturbing and so manifold that you really have to wonder if this loser has any connection to reality at all. His mother didn’t die on 9/11; he wasn’t a Wall Street wolf; he didn’t play volleyball at Baruch College that required knee surgeries. And on and on. But he had branded – gay Republican and that seemed to throw everybody off the aroma emanating from this sad, greasy individual.

These days it’d pretty hard to hide your past if someone goes digging into it. From a chequered past as a Brazilian check kiter and transgender beauty queen, a Jew”ish” person of Ukrainian descent; the lies were so stupid and so plentiful that even the media and the electorate took notice.

I have noticed similar manifestations of the Santos Syndrome here in Orange County.

Exhibit 1 for the Prosecution Fullerton’s D5 Councilmember Ahmad Zahra.

You really like me!

Zahra popped up out of nowhere in 2018 to get himself elected the council. He, like Santos had a brand: first gay Muslim to run for office, etc. But nobody really knew anything about him except what he told them: Syrian refugee, a physician, a film maker. A real noble and honorable story right? There is no local media, the voters were stupid and Zahra’s only competition was Paulette Marshall who was caught committing crimes and had to quit. His 2022 campaign was a compendium of crap that gave him credit for doing things he actually opposed. It even included a fake hetero family.

To the narcissist success means getting other people to believe your bullshit and to love you; to recognize your brilliance without actually having to do anything but throw words they want to her at them. And so Zahra has managed to bamboozle the bamboozlable who have no interest in honesty so long as the their liberal shamanic proprieties have been observed. When the sacrifice has been made, nobody asks what happened to the ritual offering.

For the average Zahra adherent it would be bad form indeed for anybody to inquire if, in fact, that man was ever a doctor or even a real film maker. Or, if, in fact he has ever held a job at all. He could easily provide proof of the professional title he wants people to apply him. He could also have provided proof of the claim that he was exonerated of battery against a woman by the DA. But he never did.

For now Zahra’s little fife and drum corps marches on around the block, supported by the dishonest and the stupid. But for how much longer, I wonder. Like Santos, Zahra paints himself as the perpetual victim, unfairly attacked by his enemies because of this and that. When that little bell starts ringing you can be sure somebody is closing in on a truth about Zahra.

The Mantra of Economic Development

No news is good news…

A Friend just forwarded an article in the Yellowing Fullerton Observer about the City’s latest foray into something called economic development – an effort to create more tax revenue, somewhere, somehow, sometime. The good folk in City Hall are alarmed at the looming budget deficit they forecast in the next few years. And they know full well that another attempt at a sales tax like the ill-fated Measure S promoted by Ahmad Zahra and Jesus Quirk-Silva would be a shaky proposition.

According to the Observer the City hired an entity called Kosmont Companies to assay Fullerton’s future and determine where tax generating opportunities may lay. At the June 20th meeting of the City Council a report by Kosmont was submitted for general perusal.

Exhausting all options…

I note that Kosmont Companies is an operation whose sole raison d’etre these days is to work for Redevelopment Successor agencies and municipalities trying to gin up revenue to support the bureaucratic establishment. According to the staff report Kosmont was employed by “the City” in February 2023; since no agenda report exists for this contract, it must have been executed out of the public eye by our esteemed City Manager, Eric Levitt. I’ll address the report itself and the Council’s reaction in another post.

I often wonder why anybody thinks local government have any business promoting these types of endeavors. Government employees know little about business operations, nothing about the concept enterprise; they know defined benefit pensions, their union agreements and petty, make-work bureaucratic stuff. These same chuckleheads just up-zoned and entitled a massive apartment project on land they sold to the developer for 10% of its new value. As far as the unknown amount paid to the “consultant” I wonder if even that expense will be recouped by their own work product.

Just as bad, the economic development concept is created and run, for and by, the same people who stand to benefit from it – it it were to even work at all. And of course there is never any accountability for public resources expended in the pursuit of this talisman.