According to the OC Register, phony 4th District candidate, Scott Markowitz pleaded guilty yesterday. In exchange for the plea Markowitz gets a day in jail, probation and a month of community service. Felony charges are dismissed by DA Todd Spitzer.
I’ve never seen the wheels of justice grind out a product so quickly.
But what is the product?
As FFFF writers and commenters have noted, Markowitz’s fate was largely irrelevant given that the whole thing was orchestrated by others connected to the cause of electing Vivian “Kitty” Jaramillo, including politicians and Democrat operatives.
Since prosecutors are not given to giving anything away I think we can speculate that Markowitz named a name. Or two. We may surmise, I think, that the investigation into who set Markowitz up in the first place is ongoing. On the other hand this sort of case is probably perceived by the DA as a hassle without a lot of glamor and some potential political pushback from Dems he needs in a non-partisan election.
As to Markowitz, maybe we can let the poor sap get on with his life, free of the encumbrance of a felony rap.
As the Friends know, Fullerton’s First, Second and Fourth City Council District representative jobs are up for election this fall. And while it’s a little early to speculate on who’s going to run and what the outcome might be, it’s fun to do a little introductory review.
Incumbents Fred Jung and Nick Dunlap are incumbents in the First and Second Districts, respectively. If they want to run again, and I haven’t heard they won’t, the power of incumbency is hard to beat.
Going, going, gone…
The Fourth District, currently represented by Bruce Whitaker will be wide open. Whitaker is termed out after 12 long years on the Council and his replacement will decide the balance of the Council if Dunlap and Jung run, and are re-elected. The current 3-2 division is based on ideological difference, the difference is between looking out for the taxpayers – at least once in a while – and doing whatever idiocy the bureaucracy wants to perpetrate.
Yes, I do so live here.
At this point the candidate pool seems weak. Last time Whitaker squeaked by past a dude named Aruni Thakur, a school board member who didn’t live in the district. Could Thakur do the (fake) carpetbagger routine? He had the full support of the unions and the County Democrat Party four years ago, but it wasn’t enough for poor Aruni, who was hammered with his carpetbaggery. With no incumbent this time around his political greed might pull him in.
Vivian “Kitty” Jaramillo
Then there is a woman named Vivian “Kitty” Jaramillo, an individual who has made a nuisance of herself recently attacking the Council majority with the usual feigned outrage. Ms. Jaramillo is retired from “work” as a life-long municipal employee whose professional career started in Fullerton handing out parking tickets and graduated into being a code enforcement busybody. She would be a perfectly reliable yes vote for anything floated by city staff, and just the sort of running buddy Ahmad Zahra dreams about to support a sales tax. Word on the street is that the OC Dems are already behind her candidacy, which would preclude the aforementioned Thakur from getting involved.
Jaramillo’s other claim to fame, besides pestering the City Council these days, is suing the City in 2015 to create city council districts – very likely so she could run herself someday when Whitaker termed out.
So far no one from a more responsible philosophical perspective has raised their hand in D4, but as noted above, it’s still early in the year and filing doesn’t take place for almost another five months.
A Friend just forwarded notice that something called South Fullerton Community is holding a “recognition” celebration this Saturday. The cause? Recognizing “community leaders” for succeeding in pestering, insulting and generally annoying Councilmembers Dunlap, Jung, and Whitaker until the latter finally caved in and approved the $1.7 million State grant to build a recreation trail through the middle of the worst industrially blighted, drug-riddled and gang infested strip in Orange County.
Hubris doesn’t seem to be something the South Fullerton Community folk worry about.
Of course this unheard of group was obviously created by and exists solely as a prop for Councilman Ahmad Zahra. Ironically, they won’t be holding their victory party anywhere near the site of the Trail to Nowhere. That would be a bummer for the celebration.
The announcement says that Assemblywoman Sharon Quirk Silva will be there to recognize the achievement, which makes sense because she doesn’t have any. Senator Josh Newman knows better than to bless this disaster-in-waiting by his presence; but maybe Gas Tax Josh doesn’t know better. This is the same guy who passed a regressive tax increase on his constituents the day before he left town for a Caribbean vacation.
And still the problems of the Trail to Nowhere appertain: a fraudulent grant application that omitted mention of contaminated soil and lied about the number of potential users; 10 active testing wells for trichlorethylene on the site; gang graffiti everywhere; homeless encampments; and of the cost of ongoing maintenance that no one has accounted for. Then there is the rosy, 5 year old budget that won’t get the deal done and will require additional money that could be used on other facilities.
RIP
Will any of the celebrants care about the true facts of the Trail to Nowhere? They haven’t so far. Will any of them stand up in a couple of years and apologize for the harebrained scheme? Of course not. All the people in charge of this mess know it as a fact that government has no rearview mirror and that mistakes may have been made (passive voice) but:
Not enough money was spent.
The people in charge have retired.
Critical information was withheld by someone, possibly, but it was all a worthy gesture.
It’s not a disaster it’s a victory!!
Hindsight is 20/20.
Of course this being Fullerton the subject probably won’t come up at all, just as no one even bothers asking about the 20 year old embarrassment known as the Union Pacific Park.
I wonder if the party-givers have invited Messrs. Dunlap, Jung and Whitaker to their fete. They deserved to be recognized, too, and maybe even get a certificate of achievement.
When thinking about the Trail to Nowhere it seemed to me that I had seen this same sort of thing before. Then it struck me. Of course.
An expensive and unnecessary project that dragged out for years, and that was supposed to be paid for with other people’s money, “free money” as it is known in City Hall, I recalled.
It may have been expensive, but it sure was unnecessary…
I remembered because I wrote about it, here. The second elevator towers at the Fullerton train station, a project so ridiculously over-engineered, so expensive, so reliant on phony ridership projections and so expensive and mismanaged that it ended up raiding Fullerton’s own Capital Budget to the tune of $600,000. In the end no one knows how much was actually spent on that boondoggle when everything was said and done. But one good thing that came out of it was teaching me to appreciate how things are done in Fullerton, and how there isn’t one cent’s worth of accountability on the part of anybody.
If the Trail to Nowhere actually ever gets built but is way over budget, unused, unmaintained and falls into decrepitude, who will stand up to take responsibility? Not the City Council who approved it without question. Not City staff – the chief architects of this disaster in-waiting are already gone– nor will the City Manager, who will be gone as soon as his pension formula tops him out. None of the people stirred up to insult and harangue the City Council will be in evidence and the proprietors of the Fullerton Observer, if they are still around annoying people, will not be searching for those accountable. No one else will be, either.
Maybe the less said, the better…
Remember the multi-million dollar Poison Park intergenerational fiasco? Has anybody ever taken responsibility for that poster child of bureaucratic incompetence and political indifference? Of course not. That would be a horrible precedent. Fullerton.
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.
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.
Something that nobody has talked about when discussion of the controversial “Trail to Nowhere” occurs, is the inflation of construction cost in the 5 years since the grant application was submitted.
what’d that scary man say?
ENR cost indicies show a construction cost increase of 27% percent since December, 2019. It’s very fair to apply the same percentage for soft costs as they tend to closely follow the trajectory of hard construction cost. Ditto the cost that in-house “contract management” add to the budget, since that is a fixed percentage. This means a likely cost increase of $540,000 on the original estimate of $2,000,000 for the Trail to Nowhere, give or take.
Off we go, into the Wild Blue Yonder…
And the project still requires detailed working drawings and all the necessary permits. Then the mess has to be let out to bid, undergo bid review and contract award. Of course, if the bids blow the budget out of the water, more delay will ensue.
Since the State Resources Agency grant allocation can be assumed to be fixed, this means that the City of Fullerton’s Park Dwelling Fund will be on the hook for over $800,000, with a concomitant hit to other, real park facility construction/improvements. And of course these numbers presuppose an accurate project budget to begin with, a presupposition I wouldn’t place a bet on.
Children at play…
Our City Council doesn’t seem to take this sort of thing into their thinking about the silly trail that no one will use, but it’s the kind of thing that should be ever-present in their minds. The problem is not only maintaining the linear park strip (as the City has proved completely incapable of on Phase I), but now of building Phase II at all.
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.
On Tuesday Nick Dunlap was appointed Mayor of Fullerton by the City Council.
That’s “Mayor Dunlap” to you…
Dunlap seems like a decent fellow. He’s been courteous and collegial and always seems to be engaged in meetings. Congratulations to him. Apparently he’s turned down the job in the past, maybe because he’s got a couple of young kids.
I’m not voting for Zahra and you can’t make me…
Fred Jung, the outgoing Mayor was chosen as Mayor Pro Tem, the person who runs meetings if the Mayor is indisposed.
The real story here is that once again Ahmad Zahra was passed over. Oh, the humanity.
Intelligent commentary was not forthcoming…
His band of followers spoke emotionally for him. Why, you’d think he was the incarnation of St. Joan, St. Francis, Albert Schweitzer, Tiny Tim and Mighty Mouse, all rolled into one. Of course that little cavalcade was also the same group of folks who show up every week to challenge the ethics and honesty of the Council majority – at Zahra’s behest.
The system of rotation must be upheld they cried passionately. Fairness, they wailed. One guy got himself so wound up he looked ready to take punches at the air. The agitation. The furor! District 5 will have no Mayor some of the underserved proclaimed. The wailing and gnashing of teeth!
Too much scotch, not enough water…
Even former Councilcreature Jan Flory hauled herself out of inebriate haze to deliver comments whose sole purpose was one last attack on Bruce Whitaker, challenging him to put aside his ill-humor and do the right thing by Zahra, hilariously neglecting to observe her own 30-year old, still unsatisfied vendetta against Whitaker. Clearly the stick up her backside remains firmly in place.
And this was before the vote.
I know what’s best. Trust me.
But none of the offended folk seem to have reflected that there must be an excellent reason for Whitaker, Dunlap, and Jung to deny Zahra “his turn.” Those three obviously don’t like Zahra and don’t trust him. His penchant for self-promotion and his demeaning attitude toward them, so typical of the left-leaning know-it-all, has probably worn very thin. They know it is Zahra who has been orchestrating the ongoing harassment of them through his collection of oddball minions.
Zahra has been said to have filed a complaint to the police against Fred Jung for being a meanie of some sort, a claim that was refuted by everybody present. Zahra lied about being exonerated for a crime to which he pleaded guilty to have his record expunged. These aren’t good ways to earn trust and respect among your colleagues. And then there’s his ties to Melahat Rafiei the dope lobbyist and bribery queen who was just rung up by the US Justice Department.
Then, that very night, the public discovered that Zahra had gone behind the Council and City Manager’s back to talk to a State agency all by himself.
And who knows how many other shenanigans have been played by this unemployed, self-righteous, utterly transactional individual; and who knows what other skeletons might be inclined to tumble out of his closet?
And the end of the meeting Zahra was brought to tears by the injustice, choked up like a little child who wasn’t allowed to play on the monkey bars. The pathos was so thick it brought Zahra’s remaining followers in attendance to weep right along with the object of their affection.
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.
Back in August when they voted against accepting State grant money to build the now infamous “Trail to Nowhere,” Fullerton City Councilmen Jung, Whitaker and Dunlap voted to take down the barrier around the fenced-off Union Pacific Park. I thought that was a pretty good idea for a trial run.
But wait! Was there a tacit decision to redesign and reconstruct a new park? Must have been, although there is no funding to do it. Not yet, anyway, although at the last meeting City Manager Eric Leavitt said he was meeting with the State Natural Resources Agency to see if the “greening” grant money that was supposed to go to the trail could be diverted toward building a new park where the old UP Park is located. The proposed park looks a lot like the old one – without toilets or shade structure to accommodate the borrachos.
Pickleball for the community…
This would be a political victory for Jung, Dunlap, and Whitaker who have been defending themselves with the argument that the grant funds might be repositioned. But this is really irrelevant if spending the money ends in failure. The trouble with reopening the park, if it happens, is that Fullerton, sadly, would likely only be repeating the failure of the past. And an expensive failure it was. A complete waste of several million dollars back in the early 2000s.
When the original UP Park was built it had no community support. It was the brainchild of the Parks Department Director, Susan Hunt, and funded with Redevelopment and Park Dwelling Fee play money. After it was opened it was found to be contaminated; and after the contamination was cleaned up, the park was soon closed. It seems that it had become infested with drug addicts, homeless, and gang members. And there it has languished for the better part of twenty years.
Children at play…
So what has changed to make this a workable idea now? There are more homeless than ever and Fullerton Tokers Town hasn’t gone anywhere, either. Will anybody be responsible when this new facility follows the trajectory of the old one? Nobody was ever held accountable for the failure of UP Park #1, so that seems pretty unlikely.
This scheme has been drawn up and is going to the Parks Commission tomorrow night, to be rubber stamped and passed to the City Council for their November 21 agenda. There seems to be a big rush to get this going, and I certainly hope someone on the City Council raises the same pertinent questions that they raised when they axed the Trail to Nowhere. Here are some ideas:
How much is it going to cost to maintain?
Why has there been little to no maintenance of the adjacent “Phase I” of the trail?
Who will be responsible for the success/failure of the reopening plan?
Who, exactly, do they think will be using this facility?
How will the UP Park be any different this time around?
What will the neighbors on Truslow Avenue think about reopening the park?
It doesn’t matter how it turns out. It’s the gesture that counts.
It will also be fun to see how the Zahra Parade will react, especially if the trail money is used. All the same silly arguments and generalities used to support the trail could be used to defend the UP Park reopening: trees, green grass, fresh, air, playground for the ninos, etc. And ironically, just a couple years ago Zahra tried to privatize the park into an events center, proving that he is not the least bit interested in the healthy community script he has bamboozled his followers into reading.
