The Sound and the Fury

A couple weeks back I posted that once again the issue of nuisance noise was coming to the City Council for yet another stab at, well, just another stab.

Just kidding…

In December the proposed ordinance was deemed lacking by Mayor Dunlap who asked that it come back in February; what that delay was supposed to accomplish is unclear, but return the item did. It resurfaced on Tuesday, and once again was half-heartedly examined and pushed away by the Council. This time they sent the matter back to the Planning Commission, that had already approved the existing proposal in November, 2023. This stall seems even more pointless than the last one. Fullerton.

The staff report was virtually unintelligible. It was nothing but a disjointed litany of actions taken (or, to be more precise, not taken) over the past 15 years to avoid doing anything and letting the scofflaw bar owners continue to scoff at the law. It didn’t say that, of course, but such was the unmistakable implication. A common thread seemed to be the difficultly in enforcing anything, which was just an excuse for not trying.

More Orwellian language…

The thrust of the revised ordinance is to raise the legal noise threshold in Downtown Fullerton. In fact the only thing the Council was considering, according to the oral staff presentation was this commercial aspect, although you’d have a hard time knowing that fact based on the material presented to the public.

The ordinance itself has baked-in failure written between every line, most notably in the increase in decibel level at 50 feet from the sources, combined with the issue of “ambient noise,” a loophole our fine Downtown club operators would be sure to drive a diesel semi through.

Joshua Ferguson made an appearance to show the nonsense of the 50 ft from property line part and noted, correctly that the the thresholds could actually create OSHA violating conditions within buildings themselves. He succinctly pointed out that the City (despite the self-congratulatory recitation of its recent enforcement efforts) wasn’t really enforcing anything at all, and showed that scofflaws were rarely even punished per the Municipal Code.

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

The proposed ordinance language seems to have been written by a staff member. But nowhere can one find evidence that any of this was approved as to form by Dick Jones, Esq. of The I Can’t believe It’s A Law Firm. What’s the point of having a lawyer if their job doesn’t include reviewing a potential law before it’s passed?

The Cost of Calamity

The trail was expensive, but it sure was short…

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.

Abandon Ship!

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.

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.

Mr. Average Gets A Raise

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.

What a performance.

The Walk on Wilshire

Closed but not forgotten…

The Voice of OC did a story yesterday on the future of outdoor dining in Orange County. Featured in the piece was Fullerton’s own “Walk on Wilshire,” a pandemic-related action that let a few restaurants in the 100 Block of West Wilshire Avenue avail themselves of outdoor tables by closing the street to through traffic.

By 2021, the program had become a full-fledged bureaucratic effort in City Hall with signage, barrier squabbling, permanent bollards in the street and rent schedules; and even new lingo was trotted out, as the heretofore unheard of term “parklet” was applied – a meaningless designation, but one clearly calculated to inspire the notion that some sort of public recreation was going on.

Like all bureaucratic operations, Walk on Wilshire had taken on a life of its own. Most recently the “program” (for indeed, a program it had metastasized into) was extended until mid-2024. No one in Fullerton should have been surprised by this calcification, especially Councilman Bruce Whitaker who has been supporting the road closure. We’ve seen this sort of silliness before.

It’s Redevelopment lite. The mountains of play money are gone, but the completely misplaced can-do confidence of City Hall lingers on.

And almost nobody has showed much concern for traffic circulation or the impacts on businesses to the rest of the downtown area. The Voice piece did the usual interviews with government employees masquerading as experts in “economic development,” the folks who couldn’t prove that their efforts even pay for their own cost to the taxpayers. Of course they were touting hard.

Put it back the way it was…

Coincidentally, a recent letter from Wilshire property owner Tony Bushala put the City on notice that the road closure had a negative impact on his business and he wanted the street closure removed. This missive was immediately leaked by Councilman Ahmad Zahra to the Fullerton Observer, where apparently a couple of the zanies broke into high hosannas about what a wonderful thing “WoW” is with its splendid parklets and bike passage. But is it widely regarded as such a civic amenity?

According to downtown sources, many of the businesses there are unhappy with the road closure as they see it benefitting just a few restaurants (and government rent collectors) at the expense of the greater good. So far none of these business operators have coalesced into a united group, but if they do we may hear a loud voice in opposition to parklets, barricades, and tables in the middle of a public roadway.

If there is action by the City Council to continue this program, the sailing may not be as smooth the parklet promoters hope.

The Process & The Consultant

A few weeks ago I published a post on the extremely dubious efforts of a paid consultant to begin a renewed effort to raise a new sales tax in Fullerton. The consultant is an operation called FM3.

We’ve seen this movie before. Many times.

In an effort to build momentum toward justifying a new tax a consultant is tasked with cooking up a poll, a survey that is worded in such a way as to make the question of a new tax sound not only plausible but even desirable.

The information that is collected is meant to probe the electorate’s weak spots, just like an army might send out reconnaissance to figure out where to attack.

Another benefit is to begin the process of developing ballot statement language that will push and persuade voters to the correct decision – a decision that will always be to vote for the tax. The reasons will be a short recital of the usual, low-hanging fruit, public safety being at the top of the list, but with no explanation that our public safety corps – emergency medical personnel (formerly known as :firefighters) and cops already suck up the majority of Fullerton’s General Fund. Mention of parks, quality of life, libraries and now “homeless” will be thrown in to the pot; and infrastructure maintenance will be included, disingenuously, to get support of the more hard-headed voter, just like last time.

Measure S Covid Lie
Let me count the ways…

And of course this language will be also be used by the inevitable political action committee formed to wage the propaganda war.

Make no mistake about it. The consultant hired to undertake this effort will know at the outset what his mission is. He knows who hired him and he knows what his employer wants.

Here’s a fun little Aussie video that spells out the process succinctly:

And so it goes. The start of a charade in which the taxpayers foot the bill to be “educated” into supporting a pre-determined outcome. The line between education (legal) and propaganda (illegal) is not bright, as asserted by Councilmember Bruce Whitaker. The fuzzy demarcation is exploited all the time by government agencies – always based on information collected in the original poll.

No On S
Don’t Reward the City’s Stupidity

The hopeful part of this is that the electorate is not always as easily persuaded as is supposed by the would be taxers. This was demonstrated in Fullerton in 2020 when voters rejected the ill-considered Measure S, and property tax-based bond floats by Fullerton’s two school districts.

In the end the Council (Jung, Zahra and Charles) voted, vaguely, to keep the “education” process going, a process that we know is nothing other than political propaganda aimed at persuading a majority of voters and coordinating with a special political action committee set up to scare, cajole, and bamboozle the voters.

Where Are They?

The trail wasn’t useful, but it sure was short…

On FFFF’s last post we got some comments from a frequent FFFF critic who was trying desperately to justify the idiotic Trail to Nowhere, the disembodied, half-mile, $2,000,000 taxpayer funded boondoggle that serves no apparent useful purpose. One sentence in the one of this person’s comments is worth posting about because it so clearly points to a complete failure of the Trail to Nowhere to be a facility that anybody would use.

The inability of its advocates to describe real persons, any real persons who might want to use this trail has been one of FFFF’s most frequent criticisms of it. Instead we have been presented with the same generalities and clichés over and over and over and over again. Trails good. Healthy children good. Poor need services. Trees good. Fresh air. Blue sky. Cars bad. Bikes good. Good things for south Fullerton. Right-of-way conversion good.

But back to our visitor. Here’s the quotation:

So say you lived in a home near UP Park and wanted to ride a bicycle to the DMV.

In and of itself this comment is just an absurd disconnect from reality in so many ways; but it points to the inability of Trail to Nowhere boosters to describe real users of the proposed project that could justify its cost; and it’s the reason they stick to useless generalities.

Over there is run and play and enjoy… (Photo by Julie Leopo/Voice of OC)

The grant application for the Trail to Nowhere is full of useless general statistics of an area with absolutely no connection to the specific land use of the immediately surrounding area – present or future. From these general numbers (half of which are north of the BNSF tracks and not even germane) our City staff educed all sorts of things that aren’t remotely true. Things like connectivity to businesses, to Downtown Fullerton; connectivity between east and west Fullerton, and between schools, etc. In one of the most breathtaking of outright lies, the creators of the application claim to the State of California that they project annual users at 105,000.

Suddenly, users appeared out of the cornfield…

Others, like our visitor, have even relied on the dearest hope of all bureaucrats looking for make-work stuff they can’t justify: if you build it “they” (somebody, somehow, somewhere) will come. Of course there is no accountability when something fails. Suddenly, no one is around anymore to take the rap, even if government culture had a rear view mirror (it doesn’t).

Hugo and Alice. The radioactivity was undeniable…

The Trail to Nowhere is the brain child of the long gone, $100,000 per-year pensioner, Susan Hunt. More recently it was shepherded along by Hugo Curiel and the egregious Alice Loya; the former was fired and the latter just retired. Six City Managers have presided over this incompetence from soup to nuts, and the latest can blame the other five if he needs to.

Only in this environment of unaccountability could anybody propose a project without being able to give a specific and credible analysis of who would actually use the facility.

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 Poisoned Trail to Nowhere?

The subject of trichlorethylene (TCE) contamination along the proposed Trail to Nowhere has been the subject of discussion on this blog. The adjacent factory at 311 South Highland Avenue was the site of TCE spills for years and has been identified as such by the State Department of Toxic Substance Control and the federal EPA. The agencies identified a southerly moving plume off the property and directly under the trail site.

The contamination was included in a lawsuit brought by the Orange County Water District, but has not been remediated.

In previous posts FFFF identified old test wells on property to the west of 311 S. Highland.

It turns out there are new ones, too. Six of them, in fact, that were actually drilled on the trail site strung out along several hundred feet.

There are also new test wells that have been placed very recently even farther south – in the west 100 block of Truslow Avenue.

These test wells have been placed without any notification to the residents of District 5, so they told me when I traversed the area today; but, obviously the City is aware of these installations since encroachment permits are required to do this sort of work on public property.

So the question remains: what is the level of toxicity in the area – and not just on the impact to ground water, but to surface soils that might need to be excavated, treated, and removed. There is no budget to do toxic soils remediation, either in the Trail to Nowhere grant application, or in the City’s budget.

Maybe the soils along the Trail to Nowhere are clean, or at least of a level of toxicity that is not considered hazardous. Maybe not. Maybe it’s time to find out.

Mayor Nick Dunlap

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.