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.
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.
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.
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.
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.
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.
Fullerton City Hall watchers know one thing for certain. If the bureaucrats want something, it will never die. The issue may be voted down by a majority of the City Council, but rest assured, the item will sooner or later be back. The history of this sad fact is undeniable and goes back decades and decades.
And so the ridiculous Trail to Nowhere has been agendized for reconsideration on Tuesday almost four months after it was sensibly rejected way back in August.
Because this is Fullerton, how this idiocy became officially resurrected will probably never be known. What hasn’t changed are the excellent reasons to reject the State grant. Again.
I guess the locals do use Phase I…
Here is a list, thoughtfully provided by the diligent FFFF research team:
Not safe – look at “Phase 1” Gangs and drugs
No identified users
No environmental testing done
Adjacent contaminated property – TCE
Numerous possible polluters up and down trail
Application contains false information about environmental testing
Doesn’t line up with “Phase 1”
No budget to modify “Phase 1”
“Phase 1” is deficient – 90 degree angles
“Phase 1” HAS NOT BEEN MAINTAINED. Maintenance is an issue
No connectivity to the east – blocked by SoCo Walk
Does NOT go to the Transportation Center
No connectivity to the West – BNSF ownership; possible High Speed Rail in right of way
We’ve had some fun here making fun of the complete waste of $3,000,000 on the Trail to Nowhere, but there is something else going on here – the reintroduction of something already decided. The issue should be dead and arguments about it, moot. But this is Fullerton, and it’s never over until City staff say it’s over.
Although its advocates keep whacking it like the proverbial dead horse, the near-disaster known as the Trail to Nowhere isn’t happening. We can thank Fullerton City Council members Dunlap, Jung, and Whitaker for pulling the plug on “Phase II” of the so-called Union Pacific Trail back in August. The proposal made no sense: it had few, if any potential users, ran through an area of heavy industry, was and would never be connected to anything else, cost nobody knew how much to maintain, didn’t even line up with its alleged Phase I, and cost $2,000,000 to build (if you can trust a City budget).
Perhaps most importantly, the council majority had previously requested that various trail options be considered in the context of a wider area plan. City staff essentially ignored that request and began a behind the scenes effort to drum up support for the original plan – an act of insubordination, really.
At the time no one told the three councilmembers that there was adjacent property with trichlorethylene contamination in the 300 block of Highland Avenue and plumes had drifted south, even though this information had been in the City’s possession for decades. Fortunately, Messrs. Dunlap, Whitaker and Jung had plenty of other excellent reasons to deny the grant funding for its intended purpose.
Another thing the City Council didn’t know was that if the grant application contained “false representations” – either intentionally, or through lack of reasonable effort – the grant could be rescinded and the State could demand whatever of its money had been spent. Here’s the relevant paragraph in the grant acceptance agreement:
In other words, had contaminated soils been detected on the “trail” the State may well have been inclined to demand whatever had been spent, particularly in light of the fact that the grant application falsely stated that environmental testing had been performed in 1998 and was not an issue.
We know this isn’t true because in the early 2000s the UP Park (after construction) was found to be contaminated, requiring mitigation; there is no way that the “trail” was somehow tested, but not the park site. We also know that very recent PRA requests identifying this specific issue returned no relevant documents.
Of course the State could have revoked the grant on the basis of the fraudulent application alone, had they discovered the misinformation, a municipal embarrassment, to be sure.
Fortunately, for the City employees who manufactured the grant application and snuck it past an incurious City manager, there will be no repercussion, not even a mild “talking to.” And fortunately for the rest of us, the City won’t be saddled with a stupid white elephant of Phase II that would have ended up looking an awful lot like Phase I.
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.
A few years ago during the depths of the COVID pandemic, the Fullerton City Council voted to put a sales tax measure on the ballot. Since things were looking grim and with revenue falling off, the best course of action in City Hall seemed to be to lay it on to taxpayers. It was necessary to protect Fullerton’s quality of life, you see; or, to be more precise, to protect the pay and pensions of City employees, particularly the cops and “fire fighters” who suck up the majority of the municipal budget.
Well, the names have mostly changed, except for Ahmad Zahra, but the playbook remains the same.
At their November 7th meeting the City Council heard a report from a company called FM3 that had been tasked with producing a survey of resident concerns, and, significantly, to poll them about how to raise revenue. And lots of it.
Who actually hired FM3 in the first place is a mystery, but it must have been our illustrious City Manager, Eric Levitt, since no record of the Council approving a contract is found in the City Clerk’s database. So far they have been paid $49,000 – most likely sneaking under their City Manager’s spending authorization.
Before delving into the presentation, it’s important to note that FM3 is a consulting operation deeply involved in promoting government tax and bond efforts, and has been supporting liberal Democrat politicians for decades. One of the clients listed on their website is Carter/Mondale! On their splash page we find the slogan: Synthesizing Public Opinion To Help Achieve Your Goals, which is code for push polling that promotes your client’s goal of raising taxes.
The company conducted its polling of likely voters last spring, The “results” were presented to the Council on the 7th.
The concerns of the citizenry polled emphasized Fullerton’s rotten roads and included a bunch of stuff that the City has no control over and is merely being used as data filler. The options were presented by the pollsters.
Notice the inclusion of budget shortfalls on the list. According to FM3, 45% of those surveyed believe budget shortfalls are a extremely/very serious problem. Really? Then the other shoe begins to drop.
First, it’s curious that somehow data relating to 2019 and 2020 are shared. Where did that data come from? And what happened to 2021 and 2022? This presentation is just nonsense.
The bland term “additional funding” to the initiated means more taxes, but probably not to those polled. Not yet anyway, for the respondents are being artfully massaged by people whose job it is to push and pass tax proposals for their governmental “clients.” The bit about providing “the level of services Fullerton residents need and want” is telling, and so is the language. How does one’s “personal opinion” qualify one to opine on all Fullerton residents? The purpose is to loosen the respondents mind into the miasma of the common good, as defined by the principle beneficiaries – City employees. Then the other shoe hit the ground.
It didn’t take very long for FM3 to roll out a couple of “hypothetical” sales tax raising ballot measures, one a general purpose tax and the other more narrowly directed to infrastructure, although including the ambiguous phrase “to maintain rapid police, fire and 911 response.” The general purpose tax only requires 50%+1 ballot majority; the special purpose tax requires a 67% majority. The latter is an almost impossible threshold to get over.
Then FM3 rolls out some interesting language in their push for a general sales tax. Notice how these alleged concerns of the surveyed mimic the language of the typical “push poll.” FM3 is using language that will elicit super-high positive responses and suggestthat others are already on board. The tiny text at the bottom of the slide tells all. But is all this dire language persuasive when it actually comes to voting?
Finally, FM3 sums it up by saying that a general sales tax is winnable. But is it? Somebody said the same thing about the City’s Measure S back in 2020 and it failed.
In the end the Council (Jung, Zahra and Charles) voted 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.
As Bruce Whitaker pointed out on the 7th, there is supposed to be a “bright line” that separates government information from government propaganda. But this line only in the abstract law. In practice the line dissolves almost completely.
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.
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:
Nobody ever used the allegedly successful “Phase I” except drug addicts and the homeless.
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.
Phase I doesn’t even line up with the proposed “Phase II.”
The scheme was going to cost Fullerton $300,000 to build; nobody would say what the running costs would be.
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.
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.”
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.
“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.
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.
