UP Trail Council Majority vs Residents Continues

All council members were present, and the chambers were about a quarter full, with the great majority of residents there to plead once again for the council majority to change their minds and accept the $1.78 million grant to build Phase II of the Union Pacific Trail.

As each person came up to comment, it was evident that the various “reasons” Jung, Whitaker, and Dunlap put forward in denying the greenspace trail were not persuasive. Brief Recap: Jung and Whitaker said they were looking for a more “comprehensive” plan, while Dunlap -unaware that the city had applied for the greenspace grant years ago- thought Sacramento shouldn’t be sending us money to build stuff we didn’t ask for. All three seemed to be under the impression that large multi-million projects are accomplished all at once, as evidenced by each stating a dislike for the piecemeal approach. Later, near the end of the meeting, the 2020 Rail District Specific Plan – which was commissioned by the city and paid for with a $200,000 SCAG grant several years ago but never ratified by the council – blew the excuse of having no “comprehensive plan” out of the water. The plan clearly shows the UP Trail. (See item 17 below)

Public Comments

Especially compelling among the commenters was high school student Juliana Nuncci, who asked the council to please think of the health and well-being of her generation and the generations to come when making decisions for the town. She thanked “all the residents who have come over and over to support the creation of Union Pacific Trail that will help unite our city.” That theme was picked up by another resident who conceded that it would take a while for the 176 trees to grow to maturity but that it was important to think of future residents and start now.

1. Blanca Hernandez said hearts were breaking and asked why the council wasn’t accepting the grant. She said, “Thank you for bringing the Korean culture downtown – Korea has beautiful trees, and so does Mexico. We want to see that greenspace and trees in our neighborhood.”
2. Geraldine McNenny said she came to add her voice to all the people who have repeatedly expressed their desire for the council to accept the funding for the Union Pacific Trail.
3. Gail Bloom said she lives in District 1, where there are plenty of trails when I want to go for a walk. District 5 has zero trails. The trial option received a unanimous vote of the Parks and Rec Commission, overwhelming support from residents and businesses in surveys, workshops, and public meetings, plus years of staff time. To ignore all these flys in the face of reason and to use them for anything else indicates the deaf ears of the council to the needs and well-being of residents.
4. Saskia Kennedy (also Observer editor), a District 2 resident, said that there are projects all the way to the coast – nearby, both Brea and Buena Park have rail trail projects –  “the trail to nowhere” is not true – it will connect our whole town and others. Please listen to the people.
5. Veronica Moran –  Please use the $1.78 million to beautify the city with green spaces. Why must we continue to plead with you for green space?
6. Karima – “I am actually kind of sad to be here again. I should be giving food to an organization I volunteer with, but I am here again. When you do a survey, and people say yes, they want it; why do you keep saying no?”   It doesn’t make sense. Especially you, Fred. I believed in you – honestly, you broke my heart – you told me you were ready to work with us.” The residents want this trail, but we don’t want it used elsewhere. Did you tell the people who gave the money that the residents want it? We did rally outside. We don’t want to be disrespectful.
7. Eglith Nuncci – Back in November 2020, I spoke to the California Resources Agency about this grant. We need the 176 more trees this grant provides to clean the air.  To see people cry in front of you and you don’t even look up – even my daughter – who is our future generation. It takes a lot, even for adults, to get up and speak. How can you not show respect?  I can’t believe we come here over and over again and state the facts, and you don’t even listen. This is injustice. It is heartbreaking for me to see my friends crying. This is so sad that you don’t respect your neighbors. You waste staff time – you want to return grants, and you think you will get more grants? This is the time of Thanksgiving – time to reflect and be grateful.   What kind of Fullerton do we have today? I love Fullerton, my city. Please listen to our community. When you are respectful to each human being, you change the world to a better place. This is not about politics – this is about doing what is right.
8. Carla Aguio said each of them represented other families who couldn’t come. I ask the $1.7 million be used for the Union Pacific Trail. She listed the benefits of trees  – one tree can absorb up to 150 kilograms of pollutants per year. So, they are important in the mitigation of climate change – especially good for urban areas. Great for all of our families.
9. Diani – our families are in favor of the trail and the trees. For families who don’t have cars, it is difficult to get to parks like Coyote Hills and Laguna Lake because many streets, like Euclid, are very busy and dangerous for pedestrians and bikes. Our families want the Union Pacific Trail for a better planet – please vote yes.
10. Ignacio – described himself as a resident from the wrong side of the tracts who started a small community garden that is respected by the neighborhood just as the Union Pacific Trail will be. If you guys don’t allow the money to be used for the trial, it shows badly on you and what your intentions really are. It looks like you don’t care about our district.
11. Alma – I support using the $1.78 million grant on the trail and hope you do hear our plea.
12. Blanca Hernandez said – I am here again to speak about your lack of attention to the needs of South Fullerton – funding always goes to North Fullerton. You need to serve the south-side residents, too. We need green space. Please use the money for the trial.
13. Diane Vena asked that the UP Trail options be re-agendised, noting that the overwhelming majority of residents want the trail-only option without development and cars. She pointed out that neighboring cities have built trails on their portions of the same abandoned railroad line and that the greenspace is good for all residents and the planet. She questioned the motives of the council majority in denying the trial.
14. Helen Higgins said she felt so fortunate to live in a section of North Fullerton that has several parks and non-vehicular trails for pedestrians and bikes. “Why do I care about a trail in South Fullerton?” she asked. “Because I care about social and environmental justice.”  She also pointed out that the council members should be serving the the entire community and that the motives of council members turning down the trail are seen with suspicion and disrespect.
15. Bernard – a frequent council critic – quoted a businessman who asked, “Why do we not have bicycle infrastructure radiating from all schools, especially in the City of Education?”
16. Zee – also a frequent commenter and proponent of building an auto mall in Fullerton to generate more sales tax to support city services – said his friend, who owns a longtime business in Fullerton and leases from the Bushala Brothers, told him “there’s no way there will be a trail because the Bushalas are against it.”  He noted that out of the hundred resident comments that have been made, none agree with the council majority. Instead, all want a trail. (The Bushala Brothers are local developers and own about 30% of the properties along the UP Trail. They are also major campaign donors and have contributed heavily to the campaigns of Jung, Whitaker, and Dunlap personally and through their Political Action Committee.)

Public Comments on Other Issues

VETERANS Day:

American Legion Post 142 Commander Marilyn Harris thanked a long list of Fullerton police, fire, and city staff members headed by Jerome Juaquin for their help in getting this year’s Veterans Day Celebration together at Hillcrest Park. This year was especially tough due to the high schools dropping out of the parade and ceremony and the death of member and primary event organizer Ed Paul.

Brookhurst accidents:

Several residents spoke about two more pedestrians being hit by cars and killed on Brookhurst between Valencia and Orangethorpe.

Curt Johnson said he thought the energy-saving lights were too dim and unsafe. He added that trees around Hunt Library need trimming.

Anjali Tapadia, pointing to various other traffic/pedestrian deaths around town, urged the city to prevent future deaths by investigating why traffic calming measures are needed, why crosswalks are too far apart, not well marked, etc. She said the new road safety policy is critical, “these are not unavoidable accidents – they are infrastructure failures. Our traffic engineers need more support and consistent direction.” Speaking of UP Trail, she pointed out that many urban residents don’t have front and backyards to play in – so green spaces are even more needed. She asked the council to think about the legacy they were creating and to keep the grant for UP Trail. (Alluding to the prevailing thought that a local developer and campaign donor is swaying the three trail deniers – she said, “We will remember.”

ACCOUNTING FOR FUNDING For HOMELESS:

Chief among the constant commentators is veteran and former OCTA bus driver Curtis Gamble – a homeless advocate – who, informed by his experience of being homeless for several years – asks for an accounting of the millions of dollars in funding that has been allocated by city, county, state and federal governments to solve the local homeless problem. He asked to set up tiny homes, set aside a safe overnight parking area, and provide restrooms. He reminds everyone that there are 300 homeless people in Fullerton. He asked how many millions does it take to help that many people? He points out that helping homeless people also helps relieve housed residents and businesses. (Curtis Gamble and James Mayfield, both homeless at the time, won a 2016 lawsuit against the City of Fullerton for its failure to provide adequate shelters. The Bridges homeless shelter, built with funding from Fullerton and Anaheim, and later the Recuperative Care Shelter operated by Illumination Foundation on Commonwealth, both benefited from the settlement, which required the city to open up zoning for areas where shelters could be located. The city paid a $475,000 settlement to the Legal Aid Society OC and Western Center on Poverty Law and $20,000 to each plaintiff.)

PEDESTRIAN SAFETY & THE TRAIL:

Mr and Mrs Harrison frequently comment on pedestrian accessibility issues. Mr. Harrison railed on the council majority for contemplating a development spanning many years over completing a portion that could be enjoyed immediately and still enhance and be part of a more comprehensive plan. Way to kill a project, just say, “More study needed,” – but no more study is needed here. (The Harrisons live in the notorious Rancho La Paz purchased by mobile home park “investor” John Saunders. Also, a large donor to the campaigns of the council majority, Saunders bought the 55+ mobile home park and raised the space rent so much that many elderly living there had to sell their homes at a loss and move out. Now, there is a constant sign at the entrance to the park advertising homes for rent several times over the once-affordable space rent.)

City Manager Comments

City Manager Eric Levitt said that the Police Dept and Public Works are studying the accidents on Brookhurst and will be implementing a new grant program called “Safe Streets for All,” which is part of the federal government’s Vision Zero for that area and around the city.

CM Levitt also gave an update about the UP Park Grant and the council majority’s decision to see if the state agency would allow the city to use the grant elsewhere. “We talked with the state. The switch of the money from the trail to the park was not accepted because it is an environmental grant for clean air to plant 176 trees, and the park is not large enough. Moving to other areas in town also doesn’t work due to the criteria requiring use in disadvantaged communities.”

Jung asked about a recent conversation about approaching the state with the idea of using a portion of the money to open the park and plant the trees that won’t fit in the park along the proposed trail.

CM Levitt said, “We haven’t had an opportunity to do that yet.”

Councilmember Comments

• Dr. Shana Charles, who said she wasn’t feeling well (and later tested positive for COVID), thanked all who came to speak. She congratulated the City of Fullerton on accomplishing $4 Million in energy-saving measures through citywide solar panels, electric car chargers, and more.

Charles invited residents to the city’s tree and Menorah lighting ceremony at the Downtown plaza on Dec 2 and encouraged people to shop in Fullerton. She thanked Public Works for adding crosswalk flashing lights and asked that red light stop lights controlled by pedestrians (used successfully in LA) be considered for problem areas in towns such as Brookhurst. She asked to agendize a gun safety storage ordinance that Moms Demand Action and 76% of gun owners support – Ahmad Zahra agreed. She noted that a new Fullerton Community Foundation accepts donations to help with local causes. Charles brought up that two police officers were hit by a drunk driver on the 57 and are in hospital in critical condition. She offered condolences to Pam Keller and her family on the sudden passing of her husband, John.

(Pam Keller, as a council member years ago, was prevented by then fellow members from her turn as Mayor. The fair rotation system was devised after that, in which each elected council member received a turn to serve in the honorary position of Mayor. Unfortunately, the current council majority has disregarded fair rotation twice so far).

• Nick Dunlap thanked those who came to speak and then talked about the UC Bruins vs. UC Trojans game he took his two daughters to and explained to them how important the game was.

• Dr. Ahmad Zahra thanked everyone who came to the council to speak. It takes a lot to get up and speak. We were at the Veterans Day Ceremony. Those veterans fought for this privilege of free speech, which is unavailable in many countries. He gave a shout-out to the high school student Juliana Nuncci for speaking up.

“This is the next generation of leaders in our country and should be encouraged.”

As an immigrant from a country that does not allow dissent, he said, “We have to be better than that.”

Zahra asked that the UP Trail be again agendized “because there has been a lot of behind-the-scenes back and forth that needs to come out into the open. We. Should be listening to the community and not searching for loopholes.” His motion to agendize was seconded by Charles and applauded by the audience in chambers.

He also spoke about current grant opportunities for energy savings and micro-bus mobility programs and asked that it be agendized for early 2024. “CSUF is a willing partner in better public transportation.” Charles seconded the motion.

He asked when the park dwelling fee issue would return to the council. He thanked Deputy City. Manager Daisy Perez and Library Director Judy Booth for a tour of the Hunt Library and said it was amazing. He invited everyone to Sunrise Rotary Park clean up at Truslow Park on Dec 9.

Zahra also asked that “the meeting be closed with a moment of silence in honor of John Keller, a wonderful human being.”

•Bruce Whitaker asked Director Bise why there is a recurring problem on westbound Orangethorpe involving a wavy strip of asphalt with deep impressions. Director Bise said it was the first time he had heard of that and he would take a look.

A second concern involved a public commentator of Korean descent who charged Whitaker with making a racist statement. (The statement – made by Whitaker several meetings ago during a discussion of the rise in AAPI hate crimes – was that “Asians are good at math and science and raise scholastic averages.”). Fred Jung told Whitaker, “I’m pretty sure that was commentary towards me, not you.”

Consent Calendar

Items are grouped and passed in one vote unless pulled.

Charles pulled Items 5, Zahra pulled Items 8 & 9 for more discussion, and Item 13 was pulled by Dunlap and Whitaker to register their No votes on a $58,500 agreement with the Lew Edwards Group for services to gather community interest in a ballot measure for a general or special purpose sales tax.

•Item 5: Opioid Litigation Settlement Distribution:

Charles asked staff how the $3.1 million (over 18 years) was to be used. The next installment of $158,508 will be transferred in January 2024 from county control to city control. Staff explained that, at present, there are no programs in place. Charles suggested several that could be implemented, such as Naloxone education, and CSUF has programs in place. More settlements are coming and can only be used for opioid prevention, education, abatement, and treatment.

•Item 8: Outdoor Equity Grants Program:

Zahra said the public should be informed that there is a round two of grant funding to enable underserved Fullerton youth to participate in outdoor experiences at state parks and other public lands for up to three years. Richman Park was selected for the first round grant of $204,555 which runs thru March 2027. Lemon Park has been selected for the second round grant. Item 8 ensures that the city will apply and, if awarded, will run the program, which requires no city matching funds.

•Item 9: Caltrans Clean California Transit Grant Award:

Zahra said residents should hear the good news that staff applied for and received a $799,000 grant to rehab and beautify the Fullerton Transit Station area. Economic Director Sunaya Thomas made a short presentation on the impact expected. The Fullerton Station scored highest on the OCTA maintenance and repair needs among all stations in the county. The station is one of the busiest in the region, served 13,300 more Amtrak riders in 2023 than Anaheim’s ARTIC Train Station, and had over 300,000 Metrolink boardings.

How the grant money will be used:

• $68,500 for bike lane re-striping and racks
• $135,905 for green space landscaping and art including a Fullerton history mural
• $251,450 for Depot & Pedestrian Bridge rehab
• $343,175 for signage and branding including a focus on directing visitors to points of interest around town.

No matching grant was required. Dec. 2024 is the deadline for all improvements.

Public Hearings Items 16 and 19

Item 16: Agreement with Falck Mobile Health Corp for Emergency Ambulance Services

(this is a revisit of an earlier vote due to Fair Political Practice regulation)

Mayor Jung left to the back room saying he had to recuse himself. Councilmember Zahra asked Jung to explain the reason for the recusal. He said that he had received a campaign contribution from Falck in December (too close to the first vote on this item according to the new campaign rules that prohibit a candidate from voting on an issue within three months of a contribution). Thus, the item was returned for a second vote.

Jung removed himself from the dais.

Fire Deputy Mike Meecham presented and recommended Falck, the new company that took over Care Ambulance -partnered with the city for the last 20 years. The new three-year contract with Falck includes re-branding the ambulances with the City of Fullerton name and City Seal and adding a fourth ambulance, which is expected to improve response times by 12% on average.

Public Comments on Item 16

Zee and Jane Rands questioned how the ambulance service generates $9 million annually in profit, as shown on one presentation slide. “Is that coming out of our pocket?”

Curtis Gamble said that while he was homeless for 7 years, he called the paramedics often, but now that he has had a home for 7 years, he hasn’t called them once. His point, which appeared to be lost on Mayor Protem Whitaker, who hurried him along, was that calls would go down if the city could house its 300-person homeless population in a centralized location. The strain and expense on the paramedic services would be less.

City Analyst Andrew Yang said that you are billed for the services if you are transported to the hospital. Most billing (60%) goes through medical, medicare, or Medicaid, with the rest through personal insurance. The $9.6 million is over two years. The current maximum rate for ambulance transport is $1,932. Ambulance transportation is not part of the paramedic subscription fee residents pay annually on their water bill (or separately if they don’t pay the annual fee but use the paramedics).

CM Levitt clarified that the County of Orange set the ambulance charge for all the cities. Passed (4-1 Jung, recused)

Item 17: Rail District Specific Plan Update was received and filed.

Economic Development Director Sue Thomas presented the update on the 35-acre area south of the tracks from Harbor to Independence Park, between Truslow and Walnut. The plan intended to transform the industrial area into a new mixed-use residential and commercial with ground-floor retail, restaurants, marketplaces, low to medium-density housing, and bicycle and pedestrian facilities along the Rail Right of Way and Union Pacific Trail. The plan was completed but not adopted and is being looked at again.

In true “Who’s on First” fashion, both Whitaker and Dunlap seemed to think that this comprehensive plan was proof that there was no comprehensive plan and that allowing UP Trail to go forward would put a wrench in the plan even though the plan included UP Trail. (Possibly connected is that months after the plan was completed, in early 2021, the city council majority of Jung, Whitaker, and Dunlap fired experienced City Manager Ken Domer without reason and hired Steve Danley, who, with zero experience or qualifications, proved to be a disaster and set off the grand exodus of experienced qualified employees with institutional knowledge).

Item 18: Street Light Pilot Program Update was received & filed

Public Works Director Steven Bise gave a presentation on the good, bad, and ugly of the city’s dated street lighting system.

He laid out three options:

1. SCE takes ownership – installs wood poles with overhead wiring or concrete pole pilot program expansion
2. The city replaces the entire system at about $35 million
3. Install solar fixtures on existing poles. (Noting that trees could be an issue in many areas).

Several pilot solar light programs have operated well for the past 4 years at the post office on Chapman Ave, in the Baker area, and more recently in the Rolling Hills area, where solar fixtures were installed on 25 poles in 2022.

Funding options for replacing and/or converting old systems include:

• Dept of Energy grants ($180,000 recently awarded).
• Bond financing provides $10-$12 Million and requires a 12-15 year repayment plan.
• SCE LS-1 Option E program to replace 600 SCE-owned HPS (high-pressure sodium) luminaries with LED luminaries.

Questions from the council clarified that the historic Hillcrest neighborhood light fixtures are not being replaced, that the temperature, color, and light produced by the newer LED are equivalent to old HPS, and that the current Richman and Woodcrest outages have been remedied. The Orangethorpe outage is still being worked on, and SCE is waiting on its new transformer, which has an unknown completion date. A webpage is available for updates on the Public Works section of the city website. Director Bise said the SCE conversion with zero cost to the city is beneficial. As companies discontinue transformers for the older systems, we expect it will become a larger problem. It does come down to funding. There is no rating system similar to roads. “We do tackle the most problematical areas first,” Bise said.

Item 19: Union Pacific Park Plan

Deputy City Manager Daisy Perez presented the design of the UP Park, which was created by staff based on surveys and approval of a task force of neighbors and representatives selected by each council member in 2021. She presented a short history of the park, which included the extensive clean-up ordered by the CA Department of Toxic Substance Control completed in 2014. The park has been closed to the public behind a chainlink fence ever since. The new design includes playground equipment, community gardens, a picnic area, outdoor exercise equipment, pickle balls, and basketball courts. The courts would be fenced off and closed to the public during certain hours to lessen the impact of noise levels. Parking areas surround the park. No restrooms or drinking fountains are included in the design. The cost to complete the improvements ranges between $3.5 to $4.5 Million. The Parks & Rec Committee approved the design concept. Funding options include grants (though the recent attempt to switch the UP Trail Grant to the park was unsuccessful). Approved 4-1 (Whitaker, abstained)