The Scarcity of Public Information

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 Poison Trail to Nowhere?

Is it safe? Is it clean?

Is the ground under the now deceased Trail To Nowhere polluted with a toxin that nobody bothered to tell our City Council about?

I don’t know. But I do know that the question came up the other day and has the ring of truth to it.

In the last FFFF post about a bike trail that runs parallel to the now dead Trail to Nowhere, one of our Friends by the name of Observer pointed out the existence of trichloroethylene contamination at 311 South Highland Avenue and provided a handy link to a government website that indicates polluted sites.

Sure enough, 311 S. Highland Avenue is indicated on the map, and this address runs adjacent to the proposed trail west of Highland Avenue. The blue square represents an active contaminated address.

A trail runs through it…

Trichloroethylene (TCE) is used as a solvent for degreasing metal parts during the manufacture of a variety of products. This is really nasty stuff, and was used by manufacturers of circuit boards to clean stray solder and other unwanted material off the boards. Guess what? Hughes used to make circuit boards on this property several decades ago.

Did our crack city staff know about this situation? If they did, they sure weren’t talking. We know that 20 years ago the same folks bought the former UP property without doing any due diligence – which is why the UP Park had to be closed right after construction for remediation of toxins and gained the moniker “Poisoned Park.” Did anybody in City Hall learn anything from that previous disaster?

The test of that question is whether anyone commissioned a so-called Phase I Environmental Study, used to assess potential environmental issues on a given property, in this case, the long, skinny trail site. If they had they surely would have discovered the history of 311 S. Highland, and that it was long ago identified by the Environmental Protection Agency as contaminated. At that point a Phase II study should have been conducted to determine if indeed, the long UP right-of-way was contaminated like the eastern end of the UP property was.

Of course, none of this was discussed at the City Council meetings pertaining to the State grant or the trail design; fortunately Dunlap, Whitaker and Jung made the right decision without knowing any of the back story about the proposed trail’s neighbors.

Tanned, rested, and ready.

There is more to be learned about what happened, or, to be more precise, what didn’t happen in this process. Rest assured, our crack team of investigators will be pursuing this issue, and as we learn more we’ll be reporting what we know with the Friends.

This Has Been a Zahra Production

Ahmad is a film producer, we’ve been led to believe – by Zahra himself – although the body of work is a bit thin. So thin, in fact, as to be transparent. But last Tuesday he gave every indication that a Zahra production need not be a moving picture.

The casting call went out to gullible kids and even those of advanced age who should know better: a protest is needed. The underserved, bikes, trees, arbols, clean air, chubby kids finding health and happiness, all in jeopardy; in other words the ludicrous Trail to Nowhere, a $2,000,000 boondoggle vanity project whose only function was to make an appearance on a future Ahmad Zahra campaign mailer. Streetside they presented a pretty thin line whose handmade signs revealed the lack of imagine one associates with Fullerton Observers.

The protesters spoke, too, wasting lots of the council’s time, repeating the same nonsense previously scripted by Zahra

The Chief said I could have this neat shirt if I joined his team…

Zahra’s acolyte named Egleth Nunccio actually tried to get 18 minutes of talking time by taking the time allotted to five women standing behind her. Some of those responding to the casting call gave indication that they were nothing other than paid crisis actors employed to bulk up the chorus. Some make a sad presentation and sure didn’t look like rec trail advocates.

Will protest for a sandwich and a smoke…

So the production came and the production went off. The protesters had been told by their handlers that there was a chance the rejected State grant could somehow be clawed back from the brink of termination by a council suddenly enlightened or frightened by the Zahra music-less comedy. It can’t. Surely, Zahra knew this even as his little band wasted everybody’s time. His real goal was once again to look like he was accomplishing something. And more importantly, the petulant Zahra wanted to embarrass his colleagues.

And there are people in Fullerton who still wonder why Zahra can’t get himself chosen Mayor by his fellow councilmembers.

The Culture War

They were large and slow with a mean streak.

You know, we hear a lot about the “brain drain” a situation in which some corporate entity or other suffers from an exodus of its senior managers, generals, archbishops, or whatever titles fit the type of organization.

The same thing pertains to government corporate bodies, too: when department heads head for the hills we hear of the loss of senior talent and expertise that bodes ill for whatever the agency’s mission might be. Lamentations are cried about the loss of “institutional memory” a sad situation in which the accumulated wisdom of the agency is undermined, sapped, or otherwise depleted.

But is this a bad thing?

Let’s reflect on the very nature of corporate behavior. Sure, the mission remains: enrich the shareholders, protect the nation, pass on spiritual uplift, fix the potholes in the road. But of course there’s more. The corporate mindset leads to gigantism, arrogance, defensiveness, self-righteousness and above all avoidance of outside scrutiny.

In effect, the mission of corporations becomes encrusted with the dead weight of the various pathologies that they engender. The consequence is not accumulated wisdom, but rather a culture of ossification that is static, slow, non-responsive and self-satisfied. They lose flexibility, agility and effectiveness.

If we consider Fullerton’s history over the past 30 years it becomes fairly evident that the culture of our government demonstrates the symptoms of ossification. The same types of issues are dealt with in the same kinds of way: bureaucrats display the same kinds of attitudes and behaviors; our elected representatives are replaced and yet never seem to change in their understanding of their jobs. The emphasis in City Hall is as much directed toward self-preservation of the status quo as of taking care of municipal problems; avoiding accountability is more important than fixing the streets. Avoiding loss of control and scrutiny by the public have been, and are the key goals, it seems, of the people we elect and the people we pay to work for us. And protecting the corporate culture is always of paramount importance.

The pages of FFFF are replete with examples over the past 30 years that will amply support my thesis. In my next post I’m going to share one of these examples: a problem that was created by the City over 20 years ago, and which lingers today.

The Associated Road Saga. An Unnecessary Conflict

If I knew what I was talking about this wouldn’t be Fullerton!

Yesterday I posted a letter from the Gingerwood HOA claiming that District 3 councilperson Shana Charles lied at a public workshop about having consulted them about the proposed re-alignments on Associated Road that are being proposed by Fullerton’s Engineering Department. That’s a pretty bad look for a novice politician.

So now, Friends, let’s explore what’s being proposed. It’s one of those ankle bone-connected-to-the leg-bone kind of things.

First, the City is proposing a sewer and water line improvements in Associated Road between Bastanchury and Imperial. When this is complete, our engineers reckon, it would be an excellent time to repave the street. And then, why not reconfigure the roadway and reduce the lanes from four to two, and add street parking that will act as a physical barrier for a “Class IV” bikeway. Here’s an example of what it would look like, courtesy of Caltrans:

They did what, now?

The City reasons that the reconfiguration is justified because the traffic “warrants” are low enough to re-designate this stretch of Associated Road to a mere “local collector” in traffic engineering terms.

The folks who live in the various condo projects along Associated, like Gingerwood, are up in arms about this, and who can blame them? They reason, among other things, that turning out into the one lane of traffic would become more hazardous as their lines of sight will be blocked by parked cars. They will also have to slow way down, in traffic, to turn into their entries. Then there’s the issue of strangers parking in their neighborhoods – overflow from nearby apartment inhabitants and visitors to Craig Park.

This entire situation smacks of social engineering on a small scale. I have no idea how many bikers use the existing bike path and if the new configuration is even safer using parked cars as a barrier. But this seems like an unnecessary battle for City Hall to fight against its citizens.

I can’t think of a convincing reason not to restripe the street the way it is and move on.

Anyhow, the discussion of this matter is on the City Council this week (Item #14) where we can expect a lively confrontation between the irate neighbors and the people, like Shana Charles, who are behind this.

Shana Charles. Liar?

Yes, apparently so, at least according to the Gingerwood Homeowners Association.

It’s only a lie if you get caught…

The topic of this alleged prevarication is the proposed reconfiguration of Associated Road that would remove a lane of auto traffic and permit on-street parking. I’ll be writing about the details of this “project” in a bit.

This proposal seems to have germinated within the walls of City Hall and was presented to affected parties along the road. One of them is the Gingerwood community HOA that wasn’t real pleased with comments made by their councilmember, Shana Charles.

Uh, oh. It appears the good doctor has been telling stories in order to pedal this project past wary homeowners who don’t want cars blocking their sight lines when they emerge onto the fast traffic of Associated.

Lying to constituents to push a project you like but they don’t suggests a moral and ethical vacuum.

Track the Tracks. They Said What?

I’ve been relating the newest bit of Fullerton nonsense lately, to wit: the unfolding, bureaucrat driven, unfolding the disaster now know by the funny name The Tracks at Fullerton Station.

So far, we’ve found out that the 141 unit density of the apartment half of this hermaphroditic monster was based on the entire site size, despite the fact that that the “boutique” hotel, all 118 units, sits majestically on the other half. In essence, the Transportation Center Specific Plan limit of 60 units an acre – which is already ungodly dense – has been multiplied by two-and-a-half times, and the environmental documents that have already been approved by the City Council neglect to address this incompatibility with existing governmental strictures.

But it gets even worse.

It’s axiomatic that government minions will invariably cough up “solutions” to non-existent problems. It’s called job security, and the results, as these pages have amply demonstrated over the years, are never subjected to the embarrassment of scrutiny and accountability. This concept is not different.

At the recent Planning Commission hearing we learned that the project in question involves the complete remodel of the existing parking area just north of the Santa Fe Depot, south of Santa Fe Avenue. This further elimination of parking is being proposed to accommodate a brand new bust lane and stop. Why? No intelligent reason was forthcoming. Here’s the site plan:

Because the current bus stop is so far away…

The existing OCTA bus stops and canopies are only a couple hundred feet away. Is this deemed too far for the scant few travelers who use both bus and train? Of course not. Obviously some “transit” dreamers are hard at work, making work – for themselves.

And now notice at the right of the site plan the proposed hotel juts into the existing Pomona Avenue right-of-way. This will require an abandonment of part of a public street which would require an official abandonment. This is being done to provide outdoor eating for the proposed ground floor café. In order to provide an alternative, our thoughtful staff floated the idea of non-permanent elements in the same area, only requiring the issuance of an encroachment permit. Here’s the architect’s vision looking south along Pomona Avenue:

Aw, Hell, just give it to ’em.

This wet, hot mess was all approved by the five gourds sitting on the Planning Commission dais. Soon it will make its way to the City Council. Will it pass, as the sale of the property did in December? Will the three who voted to virtually give away this useful public land – Whitaker, Charles and Zahra – vote to double down on their foolishness and approve the monstrosity, the unnecessary bus stop and the abandonment?

Let a smile be your umbrella…

My educated guess is they will do it cheerfully.

Um, We still Want Our Sidewalk Back!

Trouble ahead…

Last fall, in a deal with property owner Mario Marovic, our esteemed City Council agreed to let him open his two new bars on the northeast corner of Commonwealth and Harbor if he would demolish the infamous Florentine Mob “pop-out” that took away half the sidewalk.

No, I wasn’t asleep. I was praying…

There’s no need to rehash the embarrassment of how the pop-out happened back in 2003 or how our City Attorney looked the other way for 20 years even as he personally bought and sold property in the immediate vicinity. These stories have been described in great detail elsewhere here on FFFF.

This time around, the remedy for the Humiliation That Wont Die was given a deadline; in the words of the agreement: Demolition/Construction shall commence no later than March 27, 2023 and be completed no
later than July 2023.

Cheers, Mario!

Obviously, this date came and went three weeks ago with no overt evidence of compliance. Unforeseen delays are accounted for in the agreement, but were there any? Who knows? Is anybody in City Hall even remotely curious? Again, who knows?

Cynical folks have been speculating that the demolition of the addition and reconstruction of the City sidewalk under it will simply not occur; after all, Mr. Marovic’s businesses are open and our feckless council is not composed of people who have the stomach for making people do things that they are legally required to do. This is Fullerton, after all. Some of the original restore-the-sidewalk contingent are dead or have gone batty. And Mr. Marovic is not the sort of chap who will forgo wining and dining councilmembers he needs to make this problem to just go away for another 20 years.

Another possibility is another legal struggle, a tussle in which our distinguished City Attorney will continue to give expensive appallingly bad advice at the expense of the taxpayers.

There is always a chance that Marovic will stick to the agreement, but what the odds are of that happening remain unknown.

The Green Machine

Looks like somebody is delving into the relationship between Fullerton City Councilman Ahmad Zahra and the Southern California dope lobby.

Here’s a Public Records Act request made recently at City Hall passed along to FFFF, because, well, we’re interested in this sort of thing.

It’s interesting to see the names Zahra, Spiker, Rafiei and Thakur strung together. Ken Spiker and Associates is a government lobbyist who is interested in profiting from the legal weed game; and, of course we’ve all heard of Melahat Rafiei, the highly placed Democrat who was recently ensnared by the FBI in a bribery scandal in Irvine. It looks like somebody wants to know if one of Rafiei’s greasy tentacles extended into Fullerton’s politics, including ethics-free Fullerton School Board member Aaruni Thakur, who unsuccessfully ran for City Council with a fake address in 2020.

Melahat in better days. (Image shamelessly harvested without permission from Voice of OC)

Folks in a lot of Orange County towns are starting to wonder if Rafiei’s influence peddling in the marijuana dispensary game has been going on in their cities.

Apparently someone in Fullerton is wondering about that, too.