The Thing That Wouldn’t Die

It’s Fullerton. There’s always a backdoor!

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.

How did this get on the agenda? It’s hard to believe that Jung, Whitaker or Dunlap asked to put it in on, but maybe the incoherent yammering of Ahmad Zahra’s gaggle of followers over the past fifteen weeks got to one of them to go along with Zahra and Shana Charles to put this on the agenda. I said maybe. Because it is also possible that the City staff did this on their own for reasons unknown. We’ve seen that happen before, too, when some non-existent legal pretext was drummed up by the I Can’t Believe it’s A Law Firm© of Jones and Mayer, or the equally maleficent firm of Rutan, formerly Rutan and Tucker, who defended the indefensible for years.

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:

  1. Not safe – look at “Phase 1” Gangs and drugs
  2. No identified users
  3. No environmental testing done
  4. Adjacent contaminated property – TCE
  5. Numerous possible polluters up and down trail
  6. Application contains false information about environmental testing
  7. Doesn’t line up with “Phase 1”
  8. No budget to modify “Phase 1”
  9. “Phase 1” is deficient – 90 degree angles
  10. “Phase 1” HAS NOT BEEN MAINTAINED. Maintenance is an issue
  11. No connectivity to the east – blocked by SoCo Walk
  12. Does NOT go to the Transportation Center
  13. 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.

The Trail to Nowhere Penalty

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.

Phase I’s inauspicious beginning. It gets worse.

So everybody should be happy, right?

Stupid Observer

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.

The Park To Nowhere?

Maybe the less said, the better…

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:

  1. How much is it going to cost to maintain?
  2. Why has there been little to no maintenance of the adjacent “Phase I” of the trail?
  3. Who will be responsible for the success/failure of the reopening plan?
  4. Who, exactly, do they think will be using this facility?
  5. How will the UP Park be any different this time around?
  6. 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 to Nowhere Grant Application

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:

  1. Nobody ever used the allegedly successful “Phase I” except drug addicts and the homeless.
  2. 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.
  3. Phase I doesn’t even line up with the proposed “Phase II.”
  4. The scheme was going to cost Fullerton $300,000 to build; nobody would say what the running costs would be.
  5. 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.
  6. 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.”
  7. 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.
  8. “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.
  9. 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.

Well FFFF has it.

Misuse of the City Seal

A Friend directed me to a item in the Fullerton Observer about how Mayor Fred Jung had misused the official City seal on business cards.

UPDATE: 6:45PM 10/31/23. To protect them from getting nasty calls from any mean spirited person out there, the phone numbers of these honest men who are trying to help Fullerton’s economic growth have been redacted. The cards were originally published in The Fullerton Observer. I’m curious where the Observer got the cards from to begin with., something tells me it was devious. Two wrongs don’t make a right. Hope The Observer follows suit, but don’t hold your breath. Admin.

There’s nothing odd or wrong about members of City commissions using official insignia and I bet it happens all the time. What is strange is the creation of non-existent jobs advertised on two of the cards we’re looking at here. There is no official thing as a Mayor’s Art Counsel (sic?) or a Mayor’s Economic Advisor. These endeavors would be purely unofficial and creating business cards for them is wrong. And there is no reason to include a résumé on the backside of anybody’s City-related card.

Look at us, look at us!

One of the reasons I’m posting this is because a few days ago FFFF published a blog post about the self-congratulatory and unsolicited statement sent out by Councilmembers Ahmad Zahra and Shana Charles about the situation in Gaza on City letterhead that includes the City seal, and that was published in the Fullerton Observer without objection. In the comments section one of our Friends questioned the dubious use of the City seal.

The self-righteous Kennedy clan that operates the Fullerton Observer is too dense to recognize their own hypocrisy here, but I’m not.

The misuse of the seal is happening, and it needs to be stopped, regardless of who is doing it.

Part II: Is the “Trail to Nowhere” Poisoned?

It could be. Last post I described how the the UP Park was contaminated and shut down for remediation just after $2 million were sunk into building a park. Nobody in the City bothered to do an Environmental Analysis.

I asked, rhetorically, whether the rest of the long UP right-of-way had been subsequently tested for toxins in light of the fact that trichloroethylene (TCE) had been detected on the property at 311 South Highland Avenue, a property adjacent to the proposed Trail to Nowhere. It seems that some years ago the Hughes Corporation used the solvent to clean up the circuit boards they made at this location, and the EPA still regards it as an active site.

A trail runs through it…

A little digging uncovered the fact that ground zero seems to be the west end of the property where testing has been periodically done in the area of a likely dump site for the nasty TCE toxin. Apparently there are several monitoring wells located in the yellow areas circled in red in the image below.

Please note the proximity to the Trail to Nowhere of the wells in the lower left. 15 feet? 10 feet? 5ft? Surely somebody in the Parks or Engineering Departments gave thought to this when the Trail to Nowhere concept was developed; when the grant application was made; even when the proposed project budget was laid out. No? If not, why not? How could they not have known? The EPA has recognized this as a site of TCE ground water contamination where a toxic plume is heading southward – under the proposed trail.

At this point questions are starting to pile up. Questions that may have uncomfortable answers.

We are fortunate that Messrs. Dunlap, Jung and Whitaker have put the kibosh on the silly and wasteful Trail to Nowhere proposal for other common sensical reasons. And yet there remains the problem about lack of disclosure to our elected officials in their decision making process, and perhaps even in the grant application itself.

Park Poor South Fullerton. Fact or Fiction?

We’ve heard a lot lately from the advocates for the failed $2,000,000 Trail to Nowhere concept that it is desperately needed in south Fullerton because south Fullerton is in desperate need of parks. Let’s set aside for just a moment the uselessness of the TtN, so we can think about the bald assertion used as a pretext to build it.

First let’s consider the talismanic mantra. Is it based on realty or is it based on the bland assumption that areas whose inhabitants are mostly those considered minorities? In governmental (and liberal) circles another term for minorities is “underserved communities,” because, it is reasoned, minorities have always got the short end of the stick, and because they need more, they must be underserved. Whether or not anybody feels like they are truly underserved is neither here nor there.

Once the notion of an underserved class of people exists, it is very simple to project the obvious conclusion that parks, being public facilities, are not being provided fairly to the underserved, and therefore those communities are “park poor.”

Oops.

This train of logic is so superficial that it hardly needs to be analyzed any farther. The key here is to realize that the self-interest of government employees and the heart-felt shibboleths of liberals ignore facts. The former simply want to build new facilities they can “program” while the latter get to patronize the lower orders who need their help to enjoy the pleasures of life.

Here’s the reality in Fullerton. If we draw a line along Chapman/Malvern Avenue dividing Fullerton into north and south – as our council districts do – we see that south Fullerton has the same number of city parks as north Fullerton – 16.

“Wait, Joe,” I can hear some one saying. How can this be? South Fullerton is park poor. I read it in The Fullerton Observer. Well, here they are:

Gilbert Park

Community/Recreation Center Grounds/Gardens

Pacific Drive Park

Olive Park

Orangethorpe School Park

Nicholas Park

Independence Park

Richman Park

Woodcrest Park

Lemon Park

Adlena Park

Chapman Park

Amerige Park

Ford Park

And of course we must count UP Park and the UP Trail Phase I that the green spacers are so proud of.

There is also a park on Lawrence and Truslow.

The fact is that south Fullerton has lots of parks. And although it’s true that north Fullerton has trails along abandoned railroad right of ways those facilities are available for anybody to use, and in fact most north Fullertonions don’t have immediate access to these, either. And while the City sports parks are north of Chapman/Malvern the folks in south Fullerton seem to have no problem finding them for youth and adult leagues, just as north Fullertonions find the City’s only pool at Independence park – in south Fullerton.

Similarly, the County’s regional parks – Clark and Craig that are in the north – are open to everybody and almost all of Fullerton’s residents need to get in a car to use them.

So next time somebody proclaims authoritatively that south Fullerton in park poor and needs more open space, likely as a matter of social justice ask them if they know how many parks there are in south Fullerton and if they can name them.

If You Build It…

The other night I watched an old movie from the 80s called Field of Dreams. Somehow I managed to get through an hour and a half of the worst Hollywood schmaltz imaginable. Some guy hears voices and builds a baseball field in the middle of an Iowa cornfield. And guess what? Magic happens! Long dead baseball players show up to knock the old horsehide around.

Today I realized that 90 minutes of my life hadn’t been wasted after all.

“If you build it, he will come…” He did, and he did. I noticed the same blind faith in principalities of the air in those who kept, and keep yammering about the Trail to Nowhere.

These folk believe that simply building something will cause users to show up on their field of dreams. Somehow. Sometime. Even though they never bother to identify who those users are going to be. And I suspect that this one practical effort is dutifully avoided because at some visceral level they don’t even care if the trail is used by anybody.

Field of Dreams is all about the suspension of reality if you really, really, really just wish it hard enough.

As has been pointed out by several FFFF commenters, there is a mindset that cherishes gesture, not effectiveness, good intention over good outcome. And when this is compounded with the old liberal attitude of happily patronizing minorities (ahem, underserved populations) by granting them government largesse, the recipe is complete.

It might work…if you build it…

Anybody who has been along this strip of real estate knows a few things. They can’t figure out who on earth would want to use this as a trail and that the so-called Phase I has been at utter failure in use and design as a recreation facility – even when its terminus, Union Pacific Park, was open. The proposed Phase II runs through desolate industrial buildings, used tire stores, plating and asphalt business; it traverses junk yards parking lots with junk cars. Somehow this bleak, linear experience offers a golden shower of dreams to government employees with too much money and their do-gooding camp followers who seem to think that spending money is more important than spending it well. See, it’s the thought that counts. Just build it. You’ll feel good about yourself.