The Trail to Nowhere. Radio Silence With The Capital

Lucy, you got some ‘splainin’ to do…

The trouble with the City of Fullerton’s Public Records Act system is that responses are so dilatory, so frequently incomplete, and often so non-responsive, as Friends have seen over the years, it’s hard to know if you can draw any firm conclusions from what are charitably called public records.

Here’s an interesting request made a couple of weeks ago.

The request has elicited a “full release” response, so we may infer, I hope, that it really is full.

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

Why is this request interesting? Because the obscure State Department of Natural Resources is the grant-giving sugar daddy of the 2.1 million dollar UP Trail fiasco.

I noted back on January 27th that there were problems with the Trail to Nowhere project schedule, namely, that the design and construction milestones were seven and five months late, respectively.

It’s hard to know the exact status of this boondoggle because nobody in City Hall is saying anything about it to the public. I (confidently) assume the final design was never submitted to the State because the City Council never approved it, never released a bid or awarded a contract. Construction has obviously not started. Now there are just eight months left to do it all.

The trees won’t block the view…

This is where the PRA request comes in. The response just shares a short email string between Fullerton and Natural Resource Department people trying to set up a meeting for a briefing on some water project up north and its impact on MWD cities’ water supply. That’s it. There is nothing about the grant for the so-called UP Trail.

The project showed little promise, but they didn’t care…,

So what is the status? Were the milestones waived by the Natural Resources Department? Has some schedule modification been made? If so there’s no correspondence (at least none shared by the City Clerk) that show it. That’s pretty odd, isn’t it? Is it possible the State isn’t even keeping track of the agreement and the City isn’t bothering to remind them? That strikes a believable chord.

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At this point it seems highly unlikely that the Trail to Nowhere could be completed in time, but maybe hope springs eternal. The State doesn’t seem to care.

Ahmad Zahra and his pal Shana Charles made a big deal about this dumbassery and organized such an annoying Astroturf backing for it, that the previous council majority chickened out and agreed to the mess. They haven’t been talking about it either, even though they already took a victory lap and threw themselves a party.

Let’s hope so.

A Public Service Announcement From FFFF

Because we care so much about the Friends, FFFF is alerting you to potential hazards caused by power company transformers, especially those locate inside in-ground vaults. Transformers have been known to explode on occasion and the results can be catastrophic. When this happens the lid or access manhole of the vault can rocket upwards and the super-heated oil inside the transformer can become a fiery shower.

Here’s a video of just such an explosion at the Old World Village in Huntington Beach back in 2019.

Yikes! That must have been pretty hairy for the folks in attendance. Here’s another video of the Biergarten restaurant owner who was burned pretty badly by the blast and was suing Southern California Edison for not replacing the faulty transformer.

Why Edison allowed lots of people regularly in this proximity to the vault is a damn good question. And why the City of Huntington Beach permitted this use in this site is another one.

So there’s an object lesson here, folks. Be aware of all public safety hazards, including if not especially those related to (monopolized) public utilities. Public safety is not just a matter for the cops or the fire department – until something blows up.

The Never Ending Paper Chase

If the paper fits, push it!

Forever and ever. The end.

That’s the bureaucratic snarl that surrounds the standard American community due to mandates from Sacramento and Washington.

Half a mile of high-density housing.

We just had 13,000 potential new housing units shoved down our throat by the State of California Housing and Community Development pointy-headed paper pushers with the connivance of SCAG – the Association of Southern California Governments, that supplies the cooked up numbers. The good folks at SCAG answer to nobody, and the State Legislature just loves them some housing bureaucracy – and the more intrusive, the better, apparently.

And now what, you ask? Why another mandate – a five year “2025 Housing Consolidated Plan” required by the people at the federal Department of Housing and Urban Development. Here’s the City of Fullerton’s grand announcement of…a survey to get the ball rolling.

A cynical type person might suspect that the only real reason for any of this massive and seemingly eternal paper chase is to keep public employees employed: hiring consultants, reviewing surveys, gathering “data,” writing reports of compliance, reading reports of compliance, writing notifications of compliance and non-compliance, writing more reports, reading more reports, handing out awards for compliance, and general bureaucratic backslapping all around.

The effects of all this mumbo jumbo on the communities it impacts are neither here, nor there. The government Kabuki-hustle described as public participation is necessary, but let’s be honest. The goal of this splendidly vast empire is simply to amass more budget and hire more people at government agencies. If only American industry could match this amazing growth record over the past 60 years.

We gotta go up!

So what motivates local compliance with all this gobbledygook? Well, there’s the old carrot and stick, as you might imagine – two sides of the same metaphorical coin. If you play nice and do what you’re told you get Federal and State money, part of which you can use to hire people into your city’s “housing” department, a thing that didn’t exist until the 60s and 70s. That’s empire building, a point of pride for your garden variety city manager. Everyone wants a cookie, right?

You know you can’t resist the Big Cookie!

But if you don’t go along and try to fight back against the idiot mandates, like Huntington Beach is doing right now, you incur the full wrath of State and Federal magistrates; from houseacrats to attorneys general and judges – the latter really just loyal public employees in silly robes. The reluctant jurisdiction will be threatened with a cut of of State and Federal payments, grants, and other beneficent distributions from far away capitals. No cookie for you, naughty boy.

The Hypocrisy of California’s Government

For 50 years California has enjoyed/suffered the benefits of CEQA – the California Environmental Quality Act. The intent of the law was to assess the environmental impacts of various projects proposed by private developers and even the government itself – be it dams, roads, civic projects, etc. Some projects, mostly the big ones, required EIRs – Environmental Impact Reports, that cited impacts and measures of mitigation.

If the paper fits, push it!

Now, I don’t pretend to be an expert on CEQA, but I’ve been told that all too often it is just a bungling paper chase that enriches “consultants,” and instead of addressing impacts, coughs up lots of gobbledygook and ginned up “studies” to talk around the problem. And this is just as true for governments’ reports as for those of developers.

Last night I listened to Fullerton’s beloved City Council vote for a new zoning law – the Housing Incentive Overlay Zone (HIOZ), including an explanation of why it was exempt from CEQA even though over 13,000 new units were being incentivized. The excuse was that no specific building was being proposed. You might think that is reasonable enough given that specific location has a lot to do with environmental impacts on thing like roads and street lights and traffic, etc.

And yet the new mandates from Sacramento dictate that because there is some sort of housing “crisis” new developments may be built “by-right” that is to say, without local controls over specific aspects of projects that would normally be comprehensively addressed in Conditions of Approval. Which means that those 13,000 units may not be attached to amelioration of the impacts they create.

And of course 20% of the new units must be reserved for low income tenants, another philanthropic mandate with unknown repercussions on the community.

Here’s the summation: the single-party legislature has serially made such a mess of California over the past 30 years that the fixes for the problems require that they jettison other mandates previously deemed critical, such as CEQA.

Locally, cities have been threatened with legal action by the State’s Governor and Attorney General if they don’t comply; and they are threatened by deprivation of State funding and grants by the Housing and Community Development Department, run by faceless bureaucrats. If cities try to fight back, like Huntington Beach has, the legal results are costly and a foregone conclusion.

And so Fullerton’s City Council went along with the inevitable, acquiescing to the demands of Sacramento in a sad 4-1 vote. Only Bruce Whitaker voted no in what is his last official vote.

I’ve heard it said that government spends half its time trying to fix problems it created during the other half. Sounds about right.

HIOZ It Going, Fullerton?

They’re a-comin.’ We gotta go up!

A special meeting of Fullerton’s City Council is taking place tonight. Why? To address the so-called 6th Cycle of the Housing Element of the General Plan and the concomitant Housing Incentive Overlay Zone, or HIOZ, for those who prefer government acronyms.

Where’s the Class 2 Bikeway?

The City Council has already postponed rubber stamping this twice which is odd, because they usually clean their plates like good little boys and girl.

People who need people…

Friends may recall that City staff proposed the opportunity overlay to construct as many as 30,000 new units with almost zero City control. This, even though the Sacramento houseacrats only demanded 13,000. I say “only” even though this lower number would still add twenty to thirty thousand new residents to Fullerton with new, massive apartment blocks on re-zoned commercial and industrial property.

I previously opined that the 30,000 number was just a dodge, to give the City Council the appearance of having fought a tough fight to “save” Fullerton, while quietly acquiescing on the destructive 13,000 mandate. This would be of particular benefit to the 2026 re-election chances of Shana Charles and Ahmad Zahra, both of whom are ardent lefties and both of whom would love to see those 13,000 units without regard for the damage dome to the City’s schools, roads, infrastructure and neighborhood cohesion.

I wouldn’t be surprised to see a roll-out of the usual suspects singing hosannas to the Council for acceding to the 13,000 units.

Somebody’s gotta suck it up…

And that hypothesis seems right on. The Council has already directed staff to remove the Chapman and Commonwealth “corridors” from the HIOZ plan where the application would have been the most damaging and controversial. And paring back the scale of the disingenuous plan gives a victory to the Save Fullerton crowd who may have actually believed the 30,000 units was an authentic proposal. That group includes some our friends at the Fullerton Observer who will happily embrace the 13,000 as a wonderful compromise.

Pantomime…

Why all these meetings? Maybe it’s a necessary part of this Kabuki to give the façade of public review to something that was always a foregone conclusion – satisfying the knuckle headed legislators and the faceless bureaucrats in Sacramento; and their running buddies in the Southern California Association of Governments, and the California League of Cities.

And why a Special Meeting, other than to instill a sense of Heap Big Emergency about bowing to the diktats of an out-of-control legislature?

Water, Water Everywhere Nor Any Drop to Drink

I will get what I want, one way or another…

Friends may remember the tussle on the City Council in the weeks following City Councilmember Ahmad Zahra’s election in 2018. At first he opined that a replacement election to fill Jesus Quirk-Silva’s vacate at-large council seat was right and proper. There was applause.

But then something weird happened. A month later Zahra went back on his word and voted to appoint Council retread Jan Flory for another lap around the track. After Flory was safely installed on the council, she, Jennifer Fitzgerald, and Zahra voted to replace Bruce Whitaker on the OC Water District Board with…Zahra.

“Well, Joe, who cares” I can hear some of you saying. But apart from the role the OCWD plays in the OC water wars, and the huge pile of cash the agency sits on, the appointment pays. And pays damn well. For an unemployed “film producer” what could be better? Suddenly the Flory appointment didn’t look weird at all.

So check this out, Transparent California’s report for our hero, Zahra.

The hours are great. So is the pay!

During his two years on the water board Zahra made some damn good money – tens of thousands of dollars in pay and benefits. And while on the board he pimped the awful Poseidon desal scam and got district PR people to write articles he published in the Fullerton Observer under his own name.

Whirlaway

In 2021 Fitzgerald and Flory were mercifully gone; Zahra was removed from the OCWD, replaced with Bruce Whitaker. Zahra’s Mother’s Milk was turned off at the spigot and he has only collected his council stipend since

But I checked all the right boxes!

Fullerton Folk are now speculating about whether the 2024-elected council will appoint Zahra as Mayor, an honorific job he desperately wants. A Vivian Jaramillo victory in District 4 would have got him that. But it also would have gotten the ability to vote himself back onto the OCWD board, and back on that gravy train.

Jamie Valencia, an unknown variable…

Alas ’twas not to be for Zahra. Jaramillo was beaten by newcomer Jamie Valencia who was denigrated by Jaramillo’s precinct walkers and by Jaramillo herself. She owes the Democrat nothing and may not have any inclination to do favors for the man who promoted her opponent, big time.

They Did What?

Get used to more!

I have to admit I haven’t been paying much attention to the development of Fullerton’s “6th Cycle” General Plan Housing Element. I figured it to be a fruitless paper chase in which a consultant got paid a bunch of money to produce umpteen pages of incomprehensible gobbledygook. Turns out I was right about that.

If the paper fits, push it!

The other thing that caused indifferent resignation on my part was the housing mandate decreed by the State Housing and Community Development Department, often referred to as “State HCD.” It so happens that their mandate for Fullerton was to create the opportunity for 13,000 new residential units, as determined by yet another faceless bureaucracy, Southern California Association of Governments (SCAG), whose mission is to do whatever the State wants, regardless of what is good for its constituent members. The 13,000 units are part of SCAG’s Regional Housing Needs Assessment (RHNA, pronounced ree-nuh). These people sure love them some acronyms.

Where these 13,000 unit opportunities are supposed to go in a built out city is no mystery. It will require re-zoning commercial, office professional, and industrially zoned property to admit new residential use. Lots of it.

Well, that’s bad enough, but our crack Community Development Department saw fit to propose a new zoning overlay that could accommodate 30,000 new units. You read that right. 30,000 units, a sum that could increase Fullerton’s population to near the quarter million mark. Their justification? It’s so they won’t have to do anymore bowing and scraping to State HCD. At least not for a while. Or so they say.

The whole thing is ludicrous. First, the rationale for giving the Sacramento boneheads more than they demand is crazy. It’s like paying a million bucks in ransom when the kidnapers only asked for half a mil with no guarantee they won’t do it again. Then there’s the practical side of this. There would be no new roads, no new sewer and water superstructure added, no new schools built, and sixty thousand new auto trips daily. And don’t forget the inadequate parking. It’s a farce piled on top of another farce. But somehow everything will work out, our six-figure experts tell us..

The mechanism to perform this new housing miracle is the called the Housing Incentive Overlay Zone (you guessed it, there’s an acronym – HIOZ). Staff and their consultants have identified hundreds and hundreds of real estate parcels that would receive the new overlay zone, but they don’t seem to be unduly concerned about the effect to the City of Fullerton of losing land for commercial and industrial purposes. It seems that in the grand bureaucratic scheme of things, satisfying other bureaucrats in Sacramento is even more important than losing that sales tax revenue they’re always hunting around for like rabid wolverines.

Pantomime…

Well, fear not, Friends. In reality the 30,000 units was likely just Kabuki theater meant to look like a good faith effort to outdo even the demands of anonymous paper-pushers at SCAG. The City Council discussed this issue last week and there’s no way any of them are going to give the State more than it wants.

Of course, there’s another possibility, too. A political one. The utterly incompetent Ahmad Zahra and Shana Charles, Fullerton City Council’s two ultra-liberals, are up for re-election in 2026, and, cynic that I am, I have to wonder if they both won’t use this silver-platter opportunity to campaign on how they defended Fullerton’s quality of life by fighting hard against 17,000 apartments that were never going to happen anyway. Now that would be cynical, wouldn’t it?

Defender of the Faith

Always another mountain to climb…

While checking out election disclosure Form 497s yesterday, I noticed that some rich dude named John Phelps had made two significant contributions – maxing out at $5500 apiece for Jan Flory and Vivian Jaramillo.

Obviously that made me wonder who John Phelps is. So I reached out to occasional commenter “Fullerton Old Timer” for a helping hand. Here’s what FOT wrote:

John Phelps is one of the last of the old guard defenders of anything emanating from City Hall bureaucrats. While his clan has been around for a long time he really made his fortune courtesy of the Fullerton Redevelopment Agency that helped develop the massive shopping center on the southwest corner of Harbor and Orangethorpe. He is the epitome of the government-aided developer.

He’s been supporting liberal causes for a long time but has been mostly interested on defending the status quo, Democrat or Republican. It’s no wonder he’s digging deep for Flory and Jaramillo, since they represent Fullerton statism, instead of accountability. His name appears on Jaramillo’s list of endorsers where he is erroneously listed as a former mayor. That will never be fixed.

It’s interesting to note that Phelps also gave the max to the pro sales tax, Measure S a few years ago; in 2022 he gave the maximum amount to the prevaricating Ahmad Zahra’s re-election. He will be likely be supporting the sales tax 2.0 as well.

Well there you have it. The Fullerton Circle of Life.

The Poisoned Trail to Nowhere?

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.

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.