We the People, An Essay

Intelligent commentary was not forthcoming…

You’ve got to hand it to some of Fullerton’s lefties. Their blind devotion to abstractions, knee-jerk reaction to anything threatening their cherished causes, and blindered view of a world of injustices perpetrated on the “underserved” is pretty impressive. One way or another.

Let me be your guide! (Photo by Julie Leopo/Voice of OC)

But one thing that has really struck me lately is the way in which these folk identify themselves with the biggest thing in a democratic republic: the people.

It must be part of human nature to think that what you hold dear must be what everybody should want. But in some, the misidentification takes on a delusional quality – it is what everybody wants.

The people have spoken…

I’m referring to the recent hubbub about the ridiculous “Trail to Nowhere,” in which a tiny Ahmad Zahra claque have bi-monthly wasted hours and hours and hours talking about how their desire is the will of “the people,” and how the City Council majority is not listening to “the people.”

Why repeat the numerous reasons why the proposed trail was idiotic? FFFF has already done that convincingly. Instead, let’s look at the nature of the chatter.

Children at play…

Such talk could easily be dismissed as just meaningless political rhetoric, but these people seem to actually believe they do speak for everybody, obviously, because they are so right. It’s hard to understand where such a blind self-righteousness comes from, but I suspect it comes from decades of educational indoctrination into certain ways of thinking.

But, consider the reality.

Intrepid reporter/newsmaker, S. Kennedy, top left.

A dozen or so speakers nattering on about something they stubbornly refuse to actually understand, but believing that they speak for the citizens of a mid-size city of 145,000 people is preposterous.

All clear, fire away!

The vast majority of Fullerton’s residents don’t know anything about the Trail to Nowhere and, if presented all the facts instead of weepy and outraged propaganda of the Fullerton Observer, might possibly conclude that the Council majority acted in their interest.

The View From On High

It was like getting hit with a broomstick all over again…

I have to say there are a lot of advantages to being in Doggie Heaven, and I would be remiss if I didn’t share them once in a while.

Getting rid of all the little annoyances connected with being alive and being a dog, for one thing.

Like I was reminded on Tuesday night when I was looking in on Fullerton’s City Council meeting to see if much had changed since my last visitation.

There was a lot of silly bloviation going on, the sort of things bipeds (humans and parrots and so forth) like to do. But then I was suddenly horror struck! Who was that sitting five or six rows back along the left aisle?

Arf! None other than my former mistress, Jan Flory, looking grumpier and more outraged than ever!

Yes, I admit, I recoiled in terror – a justifiable reflexive action, really, given all the times she would crack my skull with her broom and force me to take a doggie dump on Mr. Bushala’s property – and then crack my skull again if I didn’t. A chill ran down my ghostly spine as I recalled the bad old days when a pint of Jim Beam would mean a sound thrashing for me.

Too much scotch, not enough water…

My anxiety got even worse when my former mistress got up to speak. I know I should have averted my gaze to something less horrific, but it was sort of like one of you humans watching a train wreck – it’s hard to look away. I have no idea what she was babbling about, but she was going off on a guy named Whitaker, most likely the same man she raved about at home thirty years ago – just before the ol’ broom would come out of the closet. Whack! Right across the orbital. I could tell the utility mop was still securely in place after all these years.

Well, that’s my report from up here. I did notice that Fullerton has changed very little which is sort of reassuring in a way, even though I am just a dog, and a dead one at that.

The Trail to Nowhere, Redux

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.

dick-jones
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 that Ahmad 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.

Stupid Observer

A guy named Mike Ritto writes a periodic column for our Friends at the Fullerton Observer called The DOWNTOWN Report that ostensibly deals with happenings in our economic sinkhole known as Downtown Fullerton, or DTF, for short.

The story no one wanted to talk about.

In his latest piece Mr. Ritto promises A Brief History of Union Pacific Park. Hmm. This might be interesting, I thought. And so it is, but not for what it says, but for what it intentionally leaves out. It begins talking about the Union Pacific RR, the Santa Fe and even the Pacific Electric. Ritto eventually gets around to the park itself:

“…remnants of that UP line are the fenced-off, such as Union Pacific Park just to the West of the former station, where the tracks used to run.

That neighborhood needs a park, and as the residents look through the chain links and see, finally, grading and other preliminary work that is taking place right now, they know it is on the way. Approval of the park revitalization was covered in our August 7 issue. In addition, we are following developments in the proposed Union Pacific Trail, which would be an open space trail between this new park and Independence Park to the West.”

Somehow the UP Park history has become no history at all, just a mysterious space with a fence around it.

Children at play…

Of course Ritto omits mention that the UP Park was a park on which the City spent several million dollars in land acquisition and construction, and that the City closed down first because of toxic contamination, and then because of abundant crime. This latter fact gets no mention because Ritto is insistent that “the neighborhood needs a park” and remembering that the last effort failed would be extremely awkward – so let’s just forget it. Like his Observer pals he repeats the nonsense that the Trail to Nowhere is still a real thing.

To perpetuate the propensity for misinformation of which the Observer is (in)famous, Ritto remarks that approval of park revitalization has occurred, as reported in the Observer on August 7th. What really happened was the Parks Commission voted to recommend the the Trail to Nowhere to the City Council. The article itself, despite the erroneous headline, is really just a propaganda piece for the now dead Trail to Nowhere and has nothing to do with the UP Park site.

Fullerton Observer readers are often told that the effort is an all-volunteer affair, as a sort of apology for bad reporting, opinion masquerading as news, factual misrepresentation and basic spelling mistakes. The Kennedy clan has been doing this for forty years or more and there’s no likelihood that this will change.

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.

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.

Fullerton Observer Up To Old Tricks

On a clear day you can see forever…

Those Fullertonions who know about the Fullerton Observer are well aware of the bad habit of this operation of passing along editorial content as news.

Here’s an example.

An “article” running under the heading: Union Pacific Trail advocates hold peaceful demonstration asking to use the $1.78 million grant for its intended purpose.

Reading this headline you might suppose that somebody had been shot by the cops, and that violent protest could have broken out at any moment, and kudos to the protestors. But no. This drama was about not wasting a couple million bucks for a useless Trail to Nowhere that runs through one of the most dangerous parts of Fullerton. Were those octogenarians and 13th graders likely to break out in a rage-induced riot?

The editorial under the headline, written by one S. Kennedy, followed suit. Readers were not informed why the trail might have been considered a poor idea, for that would have been real journalism. Instead we learn the identities of a few of the those who spoke against giving the dough back to the state. We are told that nobody spoke against the Trail to Nowhere, a stupendous mislead since there was no agenda item to discuss it and the only people there had been orchestrated to yak about they knew not what during open mike public comments.

Readers were helpfully informed that there going to be another protest at today’s council meeting just in case some of the eager didn’t get Ahmad Zahra’s memo.

Trails are necessary for the health of our kids…

What the author of this piece didn’t tell you was that she was one of the cheerleaders of this event; that speaker Egleth Nunccio is a part of a conspiracy to ignore the City Council majority’s previous direction; that speaker Diane Vera is an Observer scribbler.

Intrepid reporter/newsmaker, S. Kennedy, top left.

Of course the authoress, Saskia Kennedy, got up and spoke her ignorant piece. (She did so again today, above -10/3/23 – and then plopped down in the audience to smugly encourage the “outraged” protesters she helped stir up). In other words the Observer, which calls itself a newspaper, is actually helping create the crap it is “reporting” on – and not telling anybody.

Comments were varied, some calling out the obvious Astroturf protest. One happy soul named Angela offered: “Civics in action. Love to see it!” Except, Angela, this was a lot less about civics and a lot more about a petty political game by Zahra to embarrass his opponents. The Trail to Nowhere isn’t coming back, the public at large doesn’t care, and Zahra knows this.

As I started this essay (see I know the difference between opinion and news) I pointed out that none of this should really come as a surprise to those who have been around a while. And as the Observer passes from one generation of ignorant, self-righteous Kennedy to the next, it would be foolish to expect otherwise.

This Has Been a Zahra Production

Ahmad is a film producer, we’ve been led to believe – by Zahra himself – although the body of work is a bit thin. So thin, in fact, as to be transparent. But last Tuesday he gave every indication that a Zahra production need not be a moving picture.

The casting call went out to gullible kids and even those of advanced age who should know better: a protest is needed. The underserved, bikes, trees, arbols, clean air, chubby kids finding health and happiness, all in jeopardy; in other words the ludicrous Trail to Nowhere, a $2,000,000 boondoggle vanity project whose only function was to make an appearance on a future Ahmad Zahra campaign mailer. Streetside they presented a pretty thin line whose handmade signs revealed the lack of imagine one associates with Fullerton Observers.

The protesters spoke, too, wasting lots of the council’s time, repeating the same nonsense previously scripted by Zahra

The Chief said I could have this neat shirt if I joined his team…

Zahra’s acolyte named Egleth Nunccio actually tried to get 18 minutes of talking time by taking the time allotted to five women standing behind her. Some of those responding to the casting call gave indication that they were nothing other than paid crisis actors employed to bulk up the chorus. Some make a sad presentation and sure didn’t look like rec trail advocates.

Will protest for a sandwich and a smoke…

So the production came and the production went off. The protesters had been told by their handlers that there was a chance the rejected State grant could somehow be clawed back from the brink of termination by a council suddenly enlightened or frightened by the Zahra music-less comedy. It can’t. Surely, Zahra knew this even as his little band wasted everybody’s time. His real goal was once again to look like he was accomplishing something. And more importantly, the petulant Zahra wanted to embarrass his colleagues.

And there are people in Fullerton who still wonder why Zahra can’t get himself chosen Mayor by his fellow councilmembers.

Park Poor South Fullerton. Fact or Fiction?

We’ve heard a lot lately from the advocates for the failed $2,000,000 Trail to Nowhere concept that it is desperately needed in south Fullerton because south Fullerton is in desperate need of parks. Let’s set aside for just a moment the uselessness of the TtN, so we can think about the bald assertion used as a pretext to build it.

First let’s consider the talismanic mantra. Is it based on realty or is it based on the bland assumption that areas whose inhabitants are mostly those considered minorities? In governmental (and liberal) circles another term for minorities is “underserved communities,” because, it is reasoned, minorities have always got the short end of the stick, and because they need more, they must be underserved. Whether or not anybody feels like they are truly underserved is neither here nor there.

Once the notion of an underserved class of people exists, it is very simple to project the obvious conclusion that parks, being public facilities, are not being provided fairly to the underserved, and therefore those communities are “park poor.”

Oops.

This train of logic is so superficial that it hardly needs to be analyzed any farther. The key here is to realize that the self-interest of government employees and the heart-felt shibboleths of liberals ignore facts. The former simply want to build new facilities they can “program” while the latter get to patronize the lower orders who need their help to enjoy the pleasures of life.

Here’s the reality in Fullerton. If we draw a line along Chapman/Malvern Avenue dividing Fullerton into north and south – as our council districts do – we see that south Fullerton has the same number of city parks as north Fullerton – 16.

“Wait, Joe,” I can hear some one saying. How can this be? South Fullerton is park poor. I read it in The Fullerton Observer. Well, here they are:

Gilbert Park

Community/Recreation Center Grounds/Gardens

Pacific Drive Park

Olive Park

Orangethorpe School Park

Nicholas Park

Independence Park

Richman Park

Woodcrest Park

Lemon Park

Adlena Park

Chapman Park

Amerige Park

Ford Park

And of course we must count UP Park and the UP Trail Phase I that the green spacers are so proud of.

There is also a park on Lawrence and Truslow.

The fact is that south Fullerton has lots of parks. And although it’s true that north Fullerton has trails along abandoned railroad right of ways those facilities are available for anybody to use, and in fact most north Fullertonions don’t have immediate access to these, either. And while the City sports parks are north of Chapman/Malvern the folks in south Fullerton seem to have no problem finding them for youth and adult leagues, just as north Fullertonions find the City’s only pool at Independence park – in south Fullerton.

Similarly, the County’s regional parks – Clark and Craig that are in the north – are open to everybody and almost all of Fullerton’s residents need to get in a car to use them.

So next time somebody proclaims authoritatively that south Fullerton in park poor and needs more open space, likely as a matter of social justice ask them if they know how many parks there are in south Fullerton and if they can name them.