The Trail to Nowhere, Redux

Just in case you missed last night’s City Council meeting I am thoughtfully presenting a recap of Trail to Nowhere item.

Informed commentary was not forthcoming…

Public comments kicked off the fun-filled evening with the usual Ahmad Zahra puppets berating the Council majority for their many deficiencies.

The trail didn’t go anywhere, but it sure was short…

And then followed, once again, an re-examination of the corpse of the Trail to Nowhere, a topic that had somehow made it back onto the agenda courtesy of Zahra and a compliant City Manager and City Attorney. Bruce Whitaker immediately stated his opposition to this move and motioned to take up the discussion in January. This was seconded by Nick Dunlap.

Let slip the dogs of law…

Howls of outrage filled the chamber from the usual brigade of uninformed Zahra followers who were told that they could only discuss the motion to continue the matter, and not sing their usual hosannas for a complete waste of $2,000,000. True, this was weird. City Attorney Dick Jones of the “I Can’t Believe It’s a Law Firm” blessed this process, which of course made absolutely no sense. Since when can the public give comment on an individual motion of the Council? See the problem? I got the distinct impression that Jones was trying to redeem himself for letting the thing on the agenda in the first place.

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

I’m going to write a separate post on why it’s time, way, way past time to shit-can Dick Jones and his crew of incompetent lawyers once and for all.

Anyway, public comments did proceed with speakers accusing the council majority of Whitaker, Jung and Dunlap of wasting their time and trying to kill the Trail to Nowhere by stalling it to death. None of these worthies seemed to get the irony that it was their hero, Ahmad Zahra, who was stringing the thing out by putting a dead issue on the agenda. And he was doing it solely for the purpose of embarrassing the Council majority. Some wanted the matter decided then and there, a pretty reasonable demand if you think about it, and one that really would have laid the matter to rest.

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

Councilwoman Charles phoned in her nonsensical two cents by claiming that “new information” rendered the August decision open for discussion because it didn’t look like the State was going to allow a repurposing of their grant. Of course that was a misstatement of the Council decision which was clear: turn down the grant unless it could be used elsewhere. She also added that changes had been made to the plans – a completely false statement.

I know what’s best. Trust me.

After more Zahra pontification about his neglected district, yadda, yadda, the Council voted to continue the matter until January 17th, 2024, a move that unfortunately validates the improper move by Zahra to agendize the matter in the first place.

The only interesting thing that emerged from the issue was that Ahmad Zahra had gone directly to the State Natural Resources Agency behind everybody else’s back, and Fred Jung found out about it. What this communication entailed is unknown – Jung wants to get to the bottom of it – but I have the sneaking suspicion that Zahra was trying on his own to undermine diversion of the State funds to something useful – again, to simply to embarrass his colleagues. According to our lackluster City Manager, Eric Leavitt they are planning another meeting with the State.

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 Connectivity Would Be Doomed by HSR

The good people at California’s High Speed Rail Authority, who just can’t waste our money fast enough, are moving toward a revised track alignment between Los Angeles and Anaheim. What does this mean? It means a massive boondoggle of course, spending billions to bring a “bullet train” to Orange County that won’t be any faster than the Metrolink line that covers the same distance in the same amount of time.

The new configuration would share existing tracks along the current three-track mainline, and would a add a fourth, dedicated line. And where would the fourth track alignment go? In Fullerton it would have to go on the south side of the main line tracks because there isn’t any room on the northside where the BNSF Railroad currently has two sidings right up to the edge of their right-of-way. The south side of the tracks, however do have room from the Commonwealth underpass as far as Harbor Boulevard.

Of course this would mean using the property that the Parks Department and the Friends of the Trail to Nowhere say is feasible (later on) to take their amenity to the Hunt Branch Library, and beyond. The question of how the trail could get past the BNSF mainline tracks would become moot. The trail would require a prohibitively expensive bridge with elevators; either that or a bridge a quarter mile long, or more. And there goes the alleged connectivity that the Trail to Nowhere boosters keep talking about, even if the BNSF were willing on some distant day to sell to the City.

The trail folks can pick their poison. Useless transit or useless bike trail. Of course they would have to educamate themselves first, and that’s just not going to happen in the Education Community.

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?

The Trail to Nowhere Grant Application. A Tissue of Lies

Oh, the potential!

As you might expect, the application form is boilerplate and gives the applicant the opportunity to pick questions that put its proposal in the best light. Reading it gives one the impression that the State doesn’t do a lot of particular investigation; takes applications at face value, assuming applicant to be honest; and doesn’t condescend to concern itself with real field investigations.

The application is replete with traffic and demographic data of the most useless sort. This tripe can be dismissed as bureaucratic string tying and gobbledegooking. The literary answers in it sounds like somebody describing the Yellow Brick Road leading to the fabulous Emerald City.

But there are specific questions on the application that are germane to effective spending of public money, and the answers elicited shed light into the mindset of our Parks Department personnel.

Let’s look at Lie Collection #1. The City is asked to describe boonful economic impacts of the Trail to Nowhere:

Visit local businesses? What the Hell? Like the back of industrial buildings and junk yards? Countless opportunities for economic renewal and growth? Name just one along this dismal “trail.” We now know the proposed “trail” doesn’t even line up with Phase I, a fact omitted in the project budget and description. We also know it doesn’t go east past the abandoned park and doesn’t reach the Transportation Center. An affordable way to travel? For whom, for God’s sake? And how much does it cost to walk to Independence Park, using safe streets? That’s right, nothing. The “trail” links no disadvantaged community with schools (there aren’t any), or local businesses, and of course the “trail” doesn’t get to the Transportation Center. It stops at Harbor Boulevard.

Here’s another packet of misinformation, Lie Collection #2. Get a load of this.

Somehow the author of this application “anticipates” 105,000 users annually, an astonishing 288 users each and every day – 24 every daytime hour. In order to get where? Why to the back parking lot in the northeast corner of Independence Park, that’s where. The statistics thrown into the mush to support this nonsense are of the most generic kind, and .prove nothing. Of course we already know that there is no physical linkage to the half-circle north of the tracks. Calling this strip an “active transportation corridor” is hysterically funny to anyone who has walked the abandoned right-of-way.

I included the paragraph above the c.2 in the snippet just to show the repetition of the lies and the nonsense that this “trail” would be used, miraculously, by bus and train riders. There are no points of connection from the “trail” to either service. And notice that the application includes the names of all sorts of disembodied parks that are nowhere near the “trail” and that are not remotely accessible to it.

Is it safe? Is it clean? Who cares? It’s a transportation corridor!

Now we arrive at Lie Collection #3. This is more of the same rubbish.

This block of lies is nothing but a bureaucratic word salad of nonsense and misinformation. It’s comical that the described location of Independence Park is actually where the large DMV facility is located. You’d think the Parks Department would know where their parks are, but this geographical illiteracy may explain how the “trail” proposal was cooked up in the first place. And we know the “trail” provides no access to Richman Park, and of course the Big Lie about connectivity to Downtown Fullerton, the High School and Fullerton College must be repeated, and repeated and repeated – ad nauseam.

A trail runs through it…

Lie Collection #4 is crucial to understanding how this grant was approved, rather than booted out the door with guffaws of laughter.

Whether this hot mess was really “shovel ready” as confidently asserted here is a matter of conjecture, based on the presence of carcinogenic toxins adjacent and below a significant part of the “trail.” But observe in the red box how the application writer avers that some sort of “Environmental Review process” was completed in 1998, and how no elements of the “trail” were found to require mitigation. There’s a body buried here and it’s toxic, too. We know this claim is a lie because the UP Park was acquired at the same time as the linear right-of-way, and was found to be contaminated much later – in the 2000s, demanding that we accept the idiocy that the “trail” was tested in 1998, but the park site was not. It’s an inescapable conclusion that no environmental “process” was undertaken by the City in 1998 at all. Furthermore, we know that two recent Public Records Act requests for specific information about testing on the “trail” returned no relevant documents. This means that if any documents for Environmental Phase I and Phase II research and testing were performed in 1998, the City is withholding that documentation. Or, alternatively, no documentation exists, meaning that the claim in the application couldn’t have been verified.

Finally, the application conveniently omits any mention of TCE contamination along part of it, and under it, a fact well-known in City Hall and by the State of California for decades.

Wow, this makes my lies about myself look like amateur stuff.

And that leads to a significant question: would the State ever have approved a grant based on this dodge about environmental assessment? I seriously doubt it.

Fortunately the question is moot so far as the future of the infamous Trail to Nowhere is concerned. That proverbial train pulled out of the station with the wise vote by Dunlap, Jung and Whitaker. That’s not what these series of posts have been about. They are about what goes on in City Hall, how decisions are made, or, as the case may be, not made; how there seems to be be little or no accountability for things that are done poorly, illegally, illogically, and untruthfully.

And that’s why FFFF is here.

The Scarcity of Public Information, Part 2

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.

The Trail to Nowhere Phase I Scam

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.

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.

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.

What They Didn’t Tell Anybody

The City of Fullerton Parks Department wanted a bike trail from The abandoned UP Park to Independence Park – a mere three quarters of a mile a way. They had an ally in D5 councilmember Ahmad Zahra who was desperate to be seen giving something to his “poor,” Latino constituents; whether they wanted it or not was irrelevant. And of course we now know that the Fullerton Observer, an operation that pretends to be a news outlet was (and still is) busy stirring up support for the silly and expensive idea, even after the council majority voted it down.

All of these bad actors had reasons for wasting $2,000,000, and none of them were good.

Nobody noticed…

Thanks to good Friend D. Johnson, we also now know something else: that none of these self-interested people – disingenuous or just plain ignorant – told anybody is that there already is a designated bicycle route from the south side of the Santa Fe railroad tracks at the Depot that follows Walnut Avenue and turns south on Richman to Valencia Avenue, and that this bike route, should anybody want to use it, goes to the front of Independence park, not the hidden back corner.

What is that strange, totemic symbol on the asphalt?

Hard to believe that the existence of this bike route was never mentioned by anybody, but we’re talking about the Fullerton Parks Department that has a long history of deliberately omitting facts, misleading the council and the public, and has resorted to outright peddling of lies to get what it wants from our feckless councils. It was this department (in conjunction with the Planning Department) that ignored the council’s request for a broader vision for the land adjacent to the UP right-of-way.

More bike…

It would be more than a bit embarrassing to acknowledge an existing bike route just 200 feet or so from their proposal and running parallel to it! So of course they didn’t.

Connectivity. For free!

And the existing route – with a little paint striping – can be easily upgraded and the people of California will be $1,780,000 better off; and the people of Fullerton will be $300,000 better off in capital costs plus who knows how much in maintenance and water costs. And any and all bike riders who wish to make the tour through this industrial neighborhood can do so at their convenience and leisure.

Which brings me to the conclusion of this story by noting that people who work along the Walnut/Richman route inform me me that they don’t recall seeing a lot, if any bicyclists along this route. And this may very well be because nobody wants to go that way – despite its connectivity to the bike route on Valencia. There is a mind-set among top-down liberal circles that if you build something for the underserved, people will, must use it, despite decades of evidence to the contrary. The idea that demand might well encourage supply is a completely alien notion to them.