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.
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.
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.
FFFF has been diligent chronicling the fate of the so-called Trail to Nowhere since last summer when City staff began a selective process of pushing for approval and acceptance of the State Natural Resources Agency grant.
Previously the City Council had directed staff to explore an option for the UP right-of-way that would be multi-modal option planned in conjunction with a wider area. This option became the step-child of City Hall, virtually ignored as staff brought back the original plan and worked an approval from the clueless Parks Commissioners.
Hugo and Alice. The radioactivity was undeniable…
In this way Parks employees ginned up their own special brand of momentum in which the ludicrous becomes the unavoidable.
Except the City Council disagreed and voted to reject the grant unless it could be spent on something useful to somebody, somewhere else in Fullerton.
But let’s think about it for a bit.
Why doesn’t the multi-modal paradigm that became known as Option 2, work? Running a motor viaduct between Highland Avenue westward alongside a green belt makes sense if there must be a bike path.
Phase 1. Asphalt street and parallel trail. The Horror!
Such a design could easily be incorporated into the 50 ft+ easement width. In fact, the exact same thing was already done in the City’s much vaunted Phase 1. The additional flexibility would be of tremendous benefit in the future development of the adjacent 30 acre area, where in-fill development is inevitable, given recent land planning requirements.
A roadway passing through the right-of-way could open up properties on both Truslow Avenue and Walnut Avenue to new configurations and provide commercial opportunities. Ultimately, the numerous deep properties on Valencia Avenue could have access to the new roadway as well.
Meantime, a Class 1 or a Class IV bikeway could built to the desired 10′ wide standard for a 2-way path with a 5′ DG path alongside, with plenty of room to spare. This configuration happens all the time. CalTRANS shares a design image:
As an aside, it’s kind of ironic that all the Trail to Nowhere advocates seem to think it’s a travesty to have a bike path running alongside what would essentially be a paved alley, but they never seem to mention the issue of their beloved bucolic facility running immediately adjacent to the busiest rail corridor in Sothern California.
Kids love choo-choo trains… (Photo by Julie Leopo/Voice of OC)
Oh well. We cant’s expect consistency from those guided by compete ignorance and political animus.
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.
A few weeks ago I published a post detailing how someone had requested on October 12th, through a Public Records Act Request, information on environmental testing along the abandoned Union Pacific right-of-way; and how the City on October 23, in response, replied with six document files they called a “full release” and that had nothing to do with any sort of testing at all.
Well, they’ve done it again.
The trail didn’t go anywhere, but it sure was short…
Also on October 12th, the same person made a related request, specifically asking for a Phase 1 environmental report of the right-of-way. A Phase 1 environmental report surveys a property and its neighbors for historical usage in an attempt to identify potential environmental issues. On October 28th the City responded with the identical unresponsive documents as before, apparently digging a deeper hole for itself.
Whether this is sheer incompetence or just bullheaded arrogance, or a lot of both, remains to be seen.
As before, the proper response is not to share completely irrelevant and non-responsive documents, but, rather to simply state that there are no responsive documents.
The blue square ain’t good. Welcome to Trichlorethylene Alley. Please keep moving…
Why the City refuses to obey the law suggests several things. First, as mentioned above, stupid incompetence and/or arrogance. Or maybe somebody down there thinks they can stonewall a possible, even likely truth – that there never was any environmental testing done along the right-of-way, a path that lies adjacent and likely right on top of toxic contamination and on which the City tried to build a recreation trail for $2,000,000.
You know, the more I have looked into the ill-fated “rec trail” that would have wasted $2,000,000 in public funds, the more I notice a trend of ignorant misstatements and misdirection; outright prevarication and a lot of hopeless wishful thinking.
Since it’s so hopeless, I can dispense with the wishful thinking (for now). The deliberate lies will be the theme of another post. This post will deal with the misstatements concerning the so-called “Phase I” of the Trail to Nowhere that City staff and trail supporters keep talking about as some sort of achievement. I really wonder if any of them have ever actually seen what they are talking about. I went there today, and I’m here to help.
First, here is a satellite image of “Phase I” that was put in place at the same time the Union Pacific Park was built. The black line is superimposed over the “trail” – a sidewalk running next to a decomposed granite path along which an horse railing was thoughtfully added, presumably for the equestrian enthusiasts in the barrio.
The trail, such as it is, doesn’t even start at the UP Park. It starts just west of it. It runs a few hundred feet and makes an abrupt 90 degree turn, crosses the paved alley about 50′ and then it makes another 90 turn to the left and eventually follows the descending grade of Highland Avenue where it stops at Walnut Avenue at the bottom of the railroad underpass.
Phase I’s inauspicious beginning. It gets worse.
90 degree turns ahead…
Down she goes…no Phase II in sight.
Does any of this “trail” meet any sort of basic requirements? It sure looks like a design mess to me. And of course this “facility” has been completely neglected by City maintenance and is covered in weeds, broken railings and strewn with trash and vandalized by graffiti.
It’s perfectly obvious to anybody with a modicum of commonsense that this effort has no broader connectivity at the east end. It has no connection to the Transportation Center, Downtown Fullerton or parts east, as continuously claimed by promoters of the “Phase II” extension. It has no connection to anything except the fenced off UP Park. In fact, the thing is so obviously useless for its intended purpose that the City used the adjacent parking stalls for homeless car campers. Who would care? The route behind the Elephant Packing building smells like it’s been used for public urination. A lot of it.
The sad fact is that of course nobody uses this trail for recreation purposes, and for obvious reasons. It’s useless and it’s often dangerous.
Local youths recreating on Phase I…
The answer? Phase II of course! The problem with this little useless zig-zag is to connect it to Independence Park with a two million dollar extension, and the problem is solved.
Here’s the City’s plan:
But how is that supposed to work, exactly? If you look at the City’s proposal image above you can easily see that the Phase I part doesn’t even line up with the would-be Phase II to the west, indicated above by the arrow. But the asphalt alleyway does.
Uh, oh. It’s Fullerton, Jake…
This would have meant that Phase I isn’t even finished and would require further modification, a scope of work not discussed by anybody, not shown on the plan above, not budgeted, and one that would mean the horror of a bike trail running alongside the existing paved road to get to Highland Avenue. And then of course there’s the problem of actually getting across Highland and traffic line of sight safety – another impediment to recreational fun.
While the questions of Phase I’s utility and connectivity to Phase II are now, fortunately, moot, it’s instructive to observe the design failure and the real truth: this would never have been a connection to any other part of eastern Fullerton or linkage to any regional trail plan as relentlessly cited by staff. The only way Phase I was useful was its availability to justify an extension. Unless you were to look at an actual map.
The trail didn’t go anywhere, but it sure was short…
As might have been predicted, someone made a Public Records Act request on October 12th for information regarding soils and environmental testing on the abandoned Union Pacific right-of-way, purchased by the City of Fullerton in the 1990s.
Why is this request germane to FFFF? Because the blog has speculated about contamination along the UP right-of-way, in view of previously discovered toxicity that closed the UP Park and because it is known by the EPA, the Orange County Water District, and the City of Fullerton’s Engineering Department that the carcinogenic chemical trichloroethylene was discovered at 311 S. Highland Avenue, a heavy industrial property that lies along the proposed recreation trail on the UP right-of-way. It is also known that contamination is moving south and east from the aforementioned property.
Is it safe? Is it clean?
Needless to say, none of this information was given to the Fullerton City Council when they considered approving the State Natural Resources grant that would have paid for most of the trail construction.
Here is the request:
Well, that’s a pretty simple request. And, as you can see, the City claims that it has complied by issuing a “full release” of documents. Here’s what they released:
Enjoy yourself reviewing these documents on the City Clerk’s website page. It won’t take you long. Of the 6 files listed none has anything to do with soils or environmental testing. From this response, such as it is, we may reasonably infer that no testing was done, or if it was, the documentation is lost. In either case the proper response should have been “no relevant documents exist.” Instead City staff posted completely irrelevant and non-responsive documents onto their website. Was it just an effort to look responsive, somehow? Did they even care?
Don’t know, don’t care… (Photo by Julie Leopo/Voice of OC)
If we grant that the City’s functionaries are somewhat honest as they go about their business then we have no choice but to conclude that no soils or environmental testing have ever been preformed by the City or its agents along the right-of-way and that this has led to an egregious omission of information to a City Council being asked to spend $2,000,000 building a trail and no one knows how much securing and maintaining it.
The other night I was watching our esteemed councilcreatures meet so I could check out the Associated Road conversation and I stuck around for the discussion on whether to hire a “consultant” to figure out the cost for Fullerton to ditch the Orange County Power Agency.
Green and electric…
The OCPA was conceived as a way to provide “green energy” alternative electricity to people in orange County who wanted it. The idea was the brainchild of the City of Irvine who paid for the start up costs. Eventually Fullerton, Buena Park, Huntington Beach and the County signed on.
Don’t Ask Don’t Tell!
From the get go critics attacked the new agency for secrecy and incompetence and failure to deliver a competitive price. It was up to individuals who wanted out, to opt out, a backhanded way to get, and keep customers. Not a good start.
Flash forward to today.
The County has pulled out of the OCPA, Irvine has been talking about it, too. Last Tuesday the Huntington Beach council voted to do the same; on the very same night the Fullerton City, debated the merits of hiring a consultant to figure out what the financial ramifications might be for us get out, too, before Fullerton is left holding the proverbial bag.
I have no idea why City Hall doesn’t already know the consequences of leaving the agency and why the exact formula wasn’t know before we got into it. Anyhow, the discussion wasn’t all that clear.
Show me the money…
Ahmad Zahra, one of the people who voted for Fullerton to join this agency wasn’t there to opine on it. Bruce Whitaker and Nick Dunlap both expressed reservations about the whole deal, but went along with Mayor Jung’s suggestion of having the City Manager ask the agency to tell them what it would cost to bolt, instead of hiring a consultant to do it. That makes sense of course, but begs the question of why this wasn’t done a long, long time ago. Like on Day One.
Cost analysis is hard…
Shana Charles who comically described herself as a “cost analyst” was pushing hard to waste money hiring somebody to pry the information, somehow, out of the OCPA – no doubt a way to embarrass Jung who is now happens to be the Chair of the OCPA. Her motion died a very slow death.
So where will this all lead? The OCPA claims to have reformed itself, but has provided zero evidence to show it has. The board got rid of the first problematic CEO even as they showered him with praise. As far as I can see this shows that nobody there is serious about anything.
Getting out of OCPA may be expensive and may get more so as members drop out; nobody seems to know, and if they do, they ain’t a-talkin.’ And that’s not only embarrassing, it’s a dereliction of duty on the part of the people who got Fullerton into this mess.
It may have been expensive, but it sure was unnecessary…
I watched this little gem of a clip from Bill Maher’s cable show last night. Bill rails against the added cost laden on to stuff simply because people can get away with it it.
In particular Maher notes the exorbitant cost of government projects, namely housing for the homeless and infrastructure where the “soft costs” including the inevitable army of “consultants” and lobbyists drives up the cost to absurdly comical levels. For the cost of building an “affordable” housing unit you could easily buy some homeless dude a condominium.
For those of us paying attention in Fullerton we have seen this in spades:
Five million bucks for a couple of traction elevators at the depot. Two million bucks for some crappy, rickety wood stairs at Hillcrest Park. The better part of a million bucks for a decorative bridge over the muddy ditch known as Brea Creek. Etc, etc., etc. The fact that these vanity efforts were totally unnecessary just adds insult to the injurious price tag.
The fact is that government building projects are grossly over-managed. There are architects and engineers galore; there are construction managers; there are general contractor’s project managers and superintendents coming out of the woodwork. And then there are the government’s “project managers” who manage virtually nothing but have blanketed themselves with warm layers of external “expertise” to insulate themselves against the inevitable sideways momentum of their next disaster.
Meanwhile the politicians who are elected to watch out for our interests are too lazy, ignorant, indifferent, or self-interested to give a damn.
