The Abdication

Lots of Indians, but no chiefs…

I’ve been watching Fullerton politics and governance for for a long time – since 2008 or 2009, in fact. One thing that has consistently struck me is the way in which Fullerton’s elected officials have completely and almost happily abdicated their responsibility to determine the direction of policy.

It has always been the goal, in principle if not in practice in modern representative democracy, that policy would be established by electeds, and administrated through a protected civil service bureaucracy.

Determining policy – the philosophical direction you want the town to take – isn’t easy in the “City Manager” form of government, a form deliberately created to remove any sort of executive authority from elected representatives. But with that set-up came something else, too: the difficulty of people’s representatives in establishing policy direction, and doing it without violating the Brown Act strictures on open meetings.

Nevertheless, the responsibility is still there, even if it easier to have photo ops, and ribbon cuttings and the like. Sadly our electeds have failed; failed with remarkable banality and complacency. Former Councilman and Fullerton Police Chief Pat McKinley once illustrated the point when challenged for his “failure to lead.” He exclaimed that councilmen weren’t there to lead – that was the City Manager’s job.

Lately the policy role abdication has been seen with the regurgitated, spit out, re-consumed and regurgitated again noise ordinance, an ongoing embarrassment that has plagued honest citizens for over fifteen years. I read the staff report on the recent noise effort, a report that justifies a decision to actually increase acceptable levels, protect offenders by including an ambient noise mask, and locates the noise metering away from the source whence it can be muddled by an equally noisy neighbor.

The staff report is nothing but a list of events that have occurred since 2009 when the City Council last expressed a coherent position. Nowhere in the staff report is there any discussion on the policy decisions behind any of the activities. Why not? Because there weren’t any. In the same way that the incredibly costly, drunken binge known as Downtown Fullerton has escaped any intelligent policy conversation, the noise nuisance issue, a subset of the former, has evaded policy discussion as City staff – behind the scenes – has diligently avoided doing anything to enforce existing code, and worked very hard to reduce the requirements.

So what has happened is a vacuum in which each new action seems disembodied from policy conversation; that’s because it is. And our council steadfastly refused to have an open and honest conversation of what it wants, abdicating its responsibilities.

One size fits all…

There is a long list of issues that our elected representatives should be addressing from an overarching policy level and aren’t. This sort of thing takes thought; and some hard work in ascertaining whether your city employees are really doing the thing you want; or not, as in the case of the Trail to Nowhere. It’s easier just to ram through the Consent Calendar on the nod, rubberstamp the ridiculous, clean your plate like good kids, and move on to the photo ops and the trophy ceremonies.

Trail to Nowhere Gets Use

The other day FFFF noticed a gentleman who was actually an active bicycle user of the City’s much-vaunted recreation trail through the industrial wasteland of central Fullerton. In fact, this fellow has two bikes!

This image has an empty alt attribute; its file name is Camp-750x1000.jpg

This poor chap seems harmless enough, but guy’s presence once again raises the several issues regarding the proposed $2,000,000 trail, mostly about safety and maintenance, but also about the homeless problem that has plagued the City’s Union Pacific right-of-way for two decades and actually helped close the dead Union Pacific Park years, and years ago. Potential users, even if there were any identified beyond the insane projection of 105,000 per year, would surely think twice about the neighborhood and the company they would be keeping whilst recreating on the Trail to Nowhere.

No one in City Hall, not staff, and not the incurious City Council who unanimously approved this waste of money, explained why the fate of the UP Park won’t also be visited upon the Trail to Nowhere. The physical conditions still appertain and the existence of the homeless and the Fullerton Toker’s Town gang is as prevalent as ever.

You would think that no one would want their fingerprints on this new disaster-in-waiting, but there seems to be the understanding that in Fullerton all you have to do is wait for a year or two and all past sins will be forgotten if not forgiven. This is called no-fault government, and man, we got it bad.

The Compartmentalization Effect. Or Worse.

It’s a total waste of money, but it sure is short…

Now that the Council majority of Dunlap, Whitaker and Jung have done a 180 flip-flop and accepted the so-called Trail to Nowhere grant, it seems like a good idea to remind Fullerton about some things that the City still doesn’t want us to know.

Well, well, well…

About eight weeks ago – several weeks before the Council flip-flop – I wrote a post about the presence of test wells on the Trail to Nowhere. These wells were installed to test the levels of trichlorethylene (TCE). Not only were the wells situated on the trail but also farther south, in the middle of the street in the 300 block of West Truslow Avenue.

I offered the fact that no one can do this sort of thing on public property without permits from the City of Fullerton and that surely the Engineering Department or Development Services Departments has records of those encroachments. The scope of the actual TCE contamination has been known for 20 years or more, and the State of California and the Environmental Protection Agency have known all about it. So has City Hall, since groundwater contamination in north Orange County was the subject of a massive lawsuit involving the Orange County Water District. Plus, someone was installing test wells on City property.

I asked how was this contamination could be omitted from the City’s grant application to the State Natural Resources Agency.

The grant has finally been accepted by the City, but the problem remains. Two problems, in fact. The contamination is still there, of course, and so are the test wells – an issue not addressed in the project budget. But an even bigger question remains. Was the omission due to a management problem – complete compartmentalization of City departments? Or, worse was the problem deliberately ignored?

In either case Fullerton has a fundamental problem the cause of which is clear: complete lack of accountability that appears cultural. City Manager Eric Levitt was preceded by a long leadership vacuum in which City Managers like Joe Felz and Ken Domer were simply along for the ride – chosen, apparently for their elastic sense of responsibility. Yet, Levitt has been around for two years and seems to show the same flexible attitude.

If departments are sequestered behind opaque compartment walls, there is a failure of corporate leadership, and an inevitable decentralization that was, and is, a recipe for costly failure. That’s on Mr. Levitt. If City employees knew about the contamination issue and either said nothing or deliberately lied to the State, that’s a problem of employees who feel utterly secure in their behavior, knowing that consequences for bad actions is not a problem; this is on Levitt, too.

In the specific case of the Trail to Nowhere, the three councilmembers who flipped their votes have some explaining to do, and not just about a matter of opinion, good idea/bad idea. They need to explain how and why the City application for the grant omitted mention of a real and present issue, and also what their City Manager (who just got an 8% raise) is going to do about it. If they don’t they’re part of the accountability problem.

A Couple of Old Friends

I noticed two items that popped up on the Fullerton City Council’s December 19th, 2023 Closed Session Agenda, two things that remind us that in our town bad news never seems to go away, if it ever needed to happen in the first place.

One item had to do with Jacob Poozhikala, the slimy SOB who owned JP23 on the southwest corner of Harbor and Commonwealth.

Poozhikala is a poster child for the miscreant club owners in DTF who slithered in as our city government kept bending over backward to accommodate them. Pooz’s place of hospitality was probably the worst offender of them all – quite a feat. A shooting, alleged drug rape, overcrowding, operating without permits, etc.

Oh, I’ma hit that!

There wasn’t a legal barrier Pooz chose not to ignore. In the end he tried to shift the stalled permit process to a new owner – his nephew. That didn’t work. There’s a new establishment there now, but evidently Pooz isn’t through with us. I Can’t believe It’s a Law Firm to the rescue!

The other item involves our old friends from Air Combat.

In case you forgot, Air Combat, a lessee out at the airport, sued the City for violating its lease agreement, an incompetent ploy by our wonderful Airport Director, Brendan O’Riley to push out Air Combat and install a new tenant whose use was illegal.

Gravity asserts itself…

Ultimately a jury found the City at fault and awarded the aggrieved party $1.2 million. Of course nobody suffered any consequences, although the man in charge, City Manager Ken Domer eventually was fired and is now plying his dubious abilities in Laguna Beach.

Domer-Decorations
Hitching to Willow Springs…

I don’t know what is still being litigated here, but it’s nice to see familiar faces, isn’t it? Jones and Mayer presided over this fiasco, too, but unfortunately for us taxpayers, Dick Jones ran up against Sheppard, Mullin, Richter, a real law firm.

The Sound of Music

Business is booming…

Over the past two decades FFFF has documented the mess our City government has made of the financial sinkhole know as Downtown Fullerton; how laws and rules have been ignored to help the myriad bar owners, and how what is undoubtedly a fiscal municipal liability continues to be characterized as some sort of wonderful accomplishment.

Matt Foulkes. The spin out left casualties…

Planning Directors and Redevelopment Drones came and went: Dudley, Zur Schmied, Zelenka, Haluza, White, Foulkes, each one as useless as the one that came before, and each willing to put the scofflaws’ interest ahead of the citizens.’ To be fair, the political interference was there, too, nowhere better exemplified than in the case of our now-departed Mayor-for-Hire, Jennifer Fitzgerald, who had a for sale sign on her back. And of course City Attorney Dick Jones was there every step of the way to add obfuscating smoke into the downtown atmosphere.

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

Nowhere is the Fullerton downtown dysfunction better seen than in the complete hash the bureaucrats in City Hall have made of the noise situation. At first, the noise ordinance was simply ignored by the cops and by code enforcement. And for the past 15 years the City has made a concerted effort to allow amplified outdoor music downtown, to delay action (we’re still studying it), and to water down whatever official rules were on the books.

For the past four years nothing has happened and of course the nightclub operators have continued to take advantage of Fullerton’s de facto unwillingness to enforce anything.

And now the issue has finally resurfaced yet again, and once again the effort is likely not to work for us, but essentially, to admit defeat and allow the raucous free-for all to become official.

In December a new stab at a noise ordinance addressing outdoor music was placed on the table in front of the City Council.

Evidently the proposed ordinance was so bad that the our otherwise malleable City Council turned it back for rework. I don’t know what was in it because the City Clerk’s webpage doesn’t work. But supposedly the thing will be coming back on Tuesday the 29th and hopefully we will be able to see what sort of surrender our staff is coming up with.

A Walk on the Wild Side: The Sights and Sounds and Smells of the Trail to Nowhere

So, the other day I decided to take a trip along the Trail to Nowhere, the second phase of a supposed recreation trail that doesn’t even line up with the disastrous failure known as Phase I.

FFFF has shared lots of images of the proposed trail, yet hasn’t even begun to scratch the surface of the, er, ahem, colorful neighborhood through which it passes. Well, “neighborhood” isn’t quite the right word to use, because except for a couple of Truslow Avenue house backyards it is bordered on both sides by land zoned for industry with all of the sorts of uses, legal and non-permitted, one might expect.

Of course we’ve read all about the ill-designed and ill-conceived Phase I, ballyhooed by City staff as the predecessor that makes Phase II inevitable. Well, plausible, anyway. Phase I is a repository of graffiti, garbage, and occasional residents. The start of this alleged trail is on the old UP bridge over Harbor Boulevard. FFFF readers may remember this site as the nocturnal murder of a gentleman.

Murderer’s Row…
One man’s trash is another man’s treasure…

The complete lack of maintenance on Phase I ought to have been a warning to our City Council. But it hasn’t even been noticed. The pungent smell of human urine permeates the weeds behind the Elephant Packing House. But, so what? It’s trail-ish.

Phase I’s inauspicious beginning. It gets worse.

The view looking westward from Phase I isn’t promising. Here you see that Phase I doesn’t even line up with the proposed Phase II corridor; and the slope of Highland Avenue as it dips down to its railroad underpass makes the cross-slope ADA non-compliant.

The Phase I trail has disappeared.

Crossing Highland (damn, watch out for traffic!), we get to Phase II. FFFF has already shared multiple posts about soils contamination in this location. There are lots of testing wells for carcinogenic Trichlorethylene (TCE), but nobody in City Hall seems to be concerned about moving and exporting, or alternatively, remediating these soils. It certainly isn’t in the project budget submitted in the grant application to the State.

Well, well, well…

The folks who frequent the Trail to Nowhere habitually leave evidence of their presence.

Further west we get a glimpse back eastward of the long, blank backsides of old industrial buildings, a view not likely to cause cries of elation among the brainwashed green grass/blue skies crowd.

Is it safe? Is it clean?

Across Richman Ave in our westward trek is where things really get fun. Razor wire seems to be the decoration of choice among the junkyards in this segment of the Trail to Nowhere.

Small auto/tire use is prevalent along the trail, of course. And more backsides of buildings.

The trees won’t block the view…
You mean there’s more?

As we press onward we see the view of more businesses that we would enjoy if we were recreating on the trail.

Bring on the niños.

There’s a metal coating business along the route, and even an asphalt plant! The odors are unmistakable, and the industrial education value is priceless!

Smell that smell, bike riders.

We would be remiss if, at this point, we didn’t pause to pay our respects to Emmanuel Perez, fate still unknown.

RIP

A bit later we come across a long masonry wall on which some talented young urban artists have left their mark for aesthetic posterity.

Sure is colorful…
Garbage in, garbage out. Indeed.

The final four or five hundred yards of our journey run parallel to the Burlington Northern/ Santa Fe main line tracks that run about 50 feet away, and about 3 feet higher than the “walking and bike” trail. I leave it to each reader to judge the propriety of this strip as a positive recreational opportunity. But see below for the “sound” part of the program.

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

Now, finally, we arrive at our all-important destination. The back corner of an empty Independence Park parking lot. This is a park you might want to go to if you lived in this part of Fullerton; but really, what soft-headed urban adventurer would choose this route?

You have arrived at your destination.

Finally I offer a sample of the auditory delights awaiting the hopeful recreation enthusiast on the Trail to Nowhere – apart from the sounds of auto repair, metal work, spray painting and tire changing. The BNSF mainline freight trains rumble alongside our trail, and are not shy in expressing their presence. You can barely hear yourself think. These trains are often a mile long.

Now Gentle Friends, my photo essay is over, and my duty to show Fullertonions the ambiance adjacent to the proposed Trail to Nowhere is fulfilled. Most people, when asked, would say an old railroad right-of-way conversion to a rec trail is good, because it is good – in principle. But folks perusing these images would be well-advised to traverse the strip themselves, perhaps with police escort; and, after enjoying the sights and sounds and smells, consider whether or not the Trail to Nowhere should be redeveloped with the area, in a thoughtful broader plan, instead of the way it proposed now; and, whether the State grant money might be better spent elsewhere.

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.

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.

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.