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In the course of researching the history of railroad abandonment, I have become aware of a number of other issues which were also dealt with in the exact same manner as the railroad. The dealings of David Malcolm, Steve Peace, Shirley Horton, Greg Cox and their supporters have been handled in a way which violates the spirit of the "Fair Political Practices Act"," The Brown Act" and numerous other statutes written by politician in an effort to make us believe that government is fair, open and democratic. The people who write these laws know best how to circumvent them. The deals which have been done regarding bayfront development, bike trails, MCRD, wildlife refuges, railroad abandonment, powerplant aquisition and new maritime channels within the bay and Salt Works are so "DONE", that even if they are illegal, it's probably too late to un-do them.
County Supervisor Greg Cox has been sponsoring monthly mayors and managers luches for at least 5 years. Sounding innocent and casual, there are no minutes or agendas. David Malcolm's strategy regarding abandonment of the Coronado Branch Railroad is only one of subjects listed above which have been discussed at these innocent sounding lunches. Mayors have the ability to appoint representatives to the regional governmental agencies such as MTDB , SANDAG, and the Port. Many issues such as the railroad are dealt with at the regional agencies. Jerry Rindone has been so bold as to state publicly that "The Railroad is gone " The vote doesn't happen at MTDB regarding the Port Lease until Feb How does he already know? He's been to the lunches too!
Documents posted on our web site show how the movement for Abandonment was orchestrated by Malcolm. It also shows a contract that says the MTDB railroad was sold to B.F. Goodrich by the Port and Chula Vista Community Development and a "Good Faith Deposit was taken in 1998. They succeeded in getting a vote for abandonment at MTDB but Federal Railroad Laws put a stop to that. Subsiquentley, it was proposed that a joint Port/MTDB committee (the MFRC) be established to determine the fate of the Coronado Branch and the Desert Line. Pro abandonment forces: David Malcolm, Jerry Rindone, Jess Vandeventer and Frank Urtasun with vocal support from an advisory Greg Cox passed a resolution to lease the Coronado Branch to the Port for 66 Years. If it was already sold, isn't the proposed lease a cover up to conceal the illegal sale of MTDB property for 66 years. Who's going to care then? VanDeventer owned property on both sides of the railway. Malcolm has been involved in almost every parcel of property along the railroad either as an owner, developer, partner or Port Commissioner. Mr. Urtasun worked for SDG&E who wants the right of way for a utility easement. Mr. Rindone filed the original motion for abandonment in 1999. The recomendations of the MFRC freight committee were a clear violation of the Fair Political Practices act, as at least 3 of the four votes to move the lease ahead were clearly illegal.
Many of us came together and filed a nomination for historic registry. We won that status in February, 2002, and findings were adopted in May, 2002, over the objections of local government. The decision was appealed by the Port, Chula Vista Community Development, Mr. Cox and Imperial Beach. Obviously the fix was on for the State Historic Commission to over-rule two previous decisions. We have obtained confidential corespondance between the Port's attorney and the principles in opposition to historic registry and the ethics involved in their strategy, was lower than low. Without protection under CEQA they are free to develop over the rail line as planned. Besides being insturmental in the B.F. Goodrich relocation agreement and transfer of State Tidelands to B.F. Goodrich by the State Lands Commission, Sen. Steve Peace also passed legilation to turn the entire bayfront into an enterprise zone giving tax advantage to the exclusive friends of the Chula Vista Political machine who control ALL OF THE BAYFRONT PROPERTY. Fearing that MTDB might not transfer title of the railroad, Peace authored new legislation to create a new regional transportation authority to absorb MTDB and North County Transit under the rule of SANDAG. They will take this railroad even if MTDB doesn't approve the lease in February, 2003.
Local politicians are now facing a new problem. In order to give the appearance of abiding by the Brown Act, they must hold public hearings and incorporate public opinion into their decision. Mayor Padilla has been pleading with the business community to come to the bayfront development meetings and support the development proposals. Right now the real people of Chula Vista have spoken clearly that they do not want extensive development on the bayfront. The deal is done and will go forward, but not until the theatrics can be orchestrated to make it look like the public supports this development. Face it folks... the deals are done, the politicians don't care what you or I think. The Community Development Departments of the south bay cities are a mere extension of the over zelous Port Real Estate Division, which has been dominated by Malcolm for years. They take their orders from the Port attorney.
These folks have other projects and deals which haven't been made public yet. Imperial Beach and South San Diego are also targets of this greedy monopolistic development. Yes there is a secret government that rules over the south bay. No.... we do not live in a representative democracy but something more like Port or SANDAG Dictatorship. All the important policy decisions are made at Mr. Cox's luncheons with his "Friends". They will cry innocense, but the public record speaks louder. Take the time to look at our web site and find out if you don't agree that these secret deals were done in private back in 1998. The public should be outraged at the arrogance of the leaders of the South Bay Cities in complicity with Malcolm, Cox, Peace and Horton. David Malcolm didn't do anything by himself.
To those who will rebut my statements, please address your rebuttal to the facts presented and not as attacks on my character. If I was a crook like some of you I'd probably have more money than I do. This has been a great adventure the last four years, and I am thankful to have had the opportunity to meet so many interesting people. It's too bad the deal was done before we started.
Ed Kravitz
San Diego Railway Partners
P.O. Box 1001
Imperial Beach, CA 91933
619-892-0653
Supporting documentation from the public record can be viewed on the web at: http://bayshore.sweet-haven.com