West Coyote Hills Gets Go Ahead

Last night's City Council meeting was long and entertaining.  The final vote was 4-1 to approve the development.  Votes were cast down party lines though the issue transcended local party politics. 

Proving that point, Democrat Council Member Sharon Quirk-Silva did offer up an alternative motion which would have allowed the development to move forward but with some land swapping from Downtown Fullerton.  She didn't get a second so the proposal was dropped. 

After each council member commented and the vote was taken, Quirk-Silva asked those opposing the development to move forward and find common ground. 

There were numerous outbursts by those opposing the development which lead to Mayor Jones repeatedly striking his gavel and even taking some verbal liberties upon those making public comments.

It was disappointing to hear the name calling and heckling from those who want the private property to remain without houses.  There was a significant lack of civil discourse but I can, to some degree, understand why. 

Sometimes when a crowd gathers at City Hall, city leaders give in to the crowds request.  Sometimes they don't.  It is frustrating to be on the side which the Council does not agree with.

In the 2010 municipal elections, voters had ample opportunity to know exactly where candidates stood on the issue of West Coyote Hills.  With that knowledge out there, three council members were elected to represent voters.  The top two vote receivers were Whitaker and Bankhead, both of which being strong public supporters of the development.

The only race that was close was between McKinley and Chaffee who also let there opinions be known.  McKinley, a supporter of the development and property rights, won by a few hundred votes.

It will be interesting to see how the 2012 election shapes up with Coyote Hills presumably a done deal.  In the interim, I would hope that both sides do come together to find sound solutions to their compromise. 

More Open Space Added to North OC!

Opponents of the West Coyote Hills development who wanted more open space and parklands just got their wish! 

The Orange County Register’s Michael Mello reported today that the OCTA has purchased 300 acres in North Orange County to be preserved as open space. 

With an overall price tag of $2.96-million it works out to be just under $10,000 an acre making the Carbon Canyon open space is significantly cheaper than West Coyote Hills. 

Although this should end the calls for more parks and open space, the no-growth crowd will likely continue to pond their fists.  For this minority group, the 120-plus parks north of the 91-Freeway (http://gregsebourn.blogspot.com/2011/04/observers-love-affair-with-chevron-love.html) and the addition of 300 acres just aren’t enough. 

OC Register:

“Former owner Leo Hayashi had planned to build up to 300 homes on his acreage. However, the city said he could safely build less than half that number because of the area's steep slopes created by the grass-covered canyons and ridges.”

“The money comes from Measure M, a half-cent sales tax extended by Orange County voters in 2006 to fund transportation improvements. A portion of the funds would go toward making up for habitat damage from road improvements and other projects.

In Orange County, a 2005 estimate showed that as much as $243 million could be used over 30 years to restore or acquire wild habitat. About $40 million has been approved to buy property this year, Scheper said.”

To put the scope and magnitude of the Pacific Coast Homes development into perspective, the 760-home development could be worth as much as $350-million even after all of the public dedications are made. 

Observer's Love Affair with Chevron - A love hate relationship

It doesn't take a reader long to recognize that the Fullerton Observer is a heavily biased publication. 

Each issue seems to surround Chevron, that "evil corporation that wants to destroy our beloved nature."  Some stories are emotional appeals while others raise valid concerns.  

Lacking any valid points,

at least in my opinion, the Mid-April issue is rife with emotional appeals, two of which I would like to explore here. 

First is the cover story with the flow chart.

The big fallacy, or dare I say lie, in the chart is where the project is approved with or maybe without conditions.  The project as it stands has MILLIONS of dollars in conditions.  Those conditions will not go away and neither will the law suit if the City chooses to deny the project again.

There are many other issues with the story and the chart but I'll leave those alone for now.

Next, let's look at the letter from Shirley Gregg titled "A Myth On Steroids, Chevron's 'No Money'" on page 3 of the same issue.

The author says that Chevron has refused to work with OCTA this year and that the agency has earmarked Chevron as "unwilling to negotiate at this time."  She later states that Chevron has communicated with OCTA this year but rejected their offers.

You can stick your fingers in your ears, close your eyes and pretend it ain't so, BUT Chevron sent a letter dated March 22, 2010 to OCTA wherein PCH project manager Jim Pugliese outlines what needs to happen for the County or the City or anyone else to purchase the West Coyote Hills property. 

Pugliese writes:

"...the current allocation amount of about $27 million is not sufficient to acquire, restore and maintain our 510‐acre property even if it received 100 percent of the funding, which is unlikely considering the property is a habitat island and there are no existing wildlife movement corridors between it and other native habitat areas (e.g. Puente Hills, Chino Hills). It is also unlikely to receive all of the funding because there are over 100 projects competing for funding throughout Orange County.

The issue of liability is another concern. Acquisition would have to include satisfactory indemnification of Pacific Coast Homes for any future liability from future public use of the land. It is not clear OCTA is in a position to offer this guarantee.

Lastly, we have made a pledge to Fullerton residents that after project approval we would open West Coyote Hills for public enjoyment through miles of trails, vista points and a nature center. Based on our conversation, it does not appear that public access is a priority for your program, and we are not prepared to go back on the pledges we have made to the community."

See actual letter at left.  Click images for full view.  To date, no one - OCTA, the City of Fullerton, or anyone else - has offered Chevron terms similar to those outlined in the March 2010 letter.

Ms. Gregg goes onto share her perceived deficit in parks in North Orange County. 

The fact remains North Orange County has plenty of parks.  Just to name a few which are all NORTH of the 91FWY:

State Parks:

Chino Hills State Park
County Parks:
Craig Regional Park
Clark Regional Park (next to WCH)
Carbon Canyon Regional Park
Featherly Regional Park
Yorba Regional Park
George Key Ranch Historical Park
Also listed as a "park" but not picnic worthy is the Yorba Cemetery

City Parks:
Constitution Park, La Habra
Corona Park, La Habra
Descanso Park, La Habra
El Centro-Lions Park, La Habra
Estelli Park, La Habra
Guadalupe Park, La Habra
La Bonita Park, La Habra
Las Lomas Park, La Habra
Loma Norte Park, La Habra
Loma Verde Park, La Habra
Montwood Park, La Habra
Oeste Park, La Habra
Old Reservoir Park, La Habra
Old Settlers Park, La Habra
Osornio Park, La Habra
Portola Park, La Habra
Richards Park, La Habra

Terraza Park, La Habra
Town Center Park, La Habra
San Miguel De Allende Park, La Habra
Vista Grande Park, La Habra
Vista Del Valle (Westridge) Park, La Habra
Vista Del Valle Park,  La Habra
Arovista Park, Brea
Brea Junior High School Park, Brea
Brea Sports Park, Brea
City Hall Park, Brea
Country Hills Park, Brea
Founder's Park, Brea
Greenbriar Par, Brea
Lagos De Moreno Park, Brea
Olinda Oil Museum and Trail, Brea
Olinda Ranch Park, Brea
Tamarack Park, Brea
Tri-City Park Maintained by the cities of Brea, Fullerton and PlacentiaWoodcrest Park, Brea
Arroyo Park, Yorba Linda
Box Canyon Park, Yorba Linda
Brush Canyon Park, Yorba Linda
Bryant Ranch School Park, Yorba Linda
Dominguez Trailside Park, Yorba Linda
Eastside Community Park, Yorba Linda
Fairmont Knolls Park, Yorba Linda
Hurless Barton Park, Yorba Linda
Jean Woodard Park, Yorba Linda
Jessamyn West Park, Yorba Linda
Kingsbriar Park, Yorba Linda
Las Palomas Tennis Park, Yorba Linda
Phillip S. Paxton Equestrian Center, Yorba Linda
Rio Del Oro, Yorba Linda
Roland Bigonger Park, Yorba Linda
San Antonio Park, Yorba Linda
Shapell Park, Yorba Linda
Travis Ranch Park, Yorba Linda
Veterans Park, Yorba Linda
Yorba Linda Middle School Park, Yorba Linda

George Bellis Park, Buena Park

Lindbergh Mini Park, Buena Park

Smith-Murphy Park, Buena Park

Acacia Park, Fullerton

Adlena Park, Fullerton

Amerige Park, Fullerton

Bastanchury Park, Fullerton

Brea Dam Recreation Area, Fullerton

Brea Dam Park, Fullerton

Byerrum Park, Fullerton

Chapman Park, Fullerton

Downtown Plaza, Fullerton

Edward H. White II Park, Fullerton

Emery Park, Fullerton

Fern Drive Park, Fullerton

Ford Park, Fullerton

Fullerton Arboretum, Fullerton

Fullerton Creek Greenbelt, Fullerton

Fullerton Sports Complex, Fullerton

Gilbert Park, Fullerton

Gilman Park, Fullerton

Hermosa School Park, Fullerton

Hillcrest Park, Fullerton

Hiltscher Park, Fullerton

Independence Park, Fullerton

Laguna Lake Park, Fullerton

Laguna Road School Park, Fullerton

Lemon Park, Fullerton

Mountain View Park, Fullerton

Muckenthaler Cultural Center, Fullerton

Nicolas Park, Fullerton

Olive Park, Fullerton

Orangethorpe Park, Fullerton

Pacific Drive Park, Fullerton

Plaza Park, Fullerton

Pooch Park, Fullerton

Richman Park, Fullerton

Robert E. Ward Nature Preserve, Fullerton

Roger B. Chaffee Park, Fullerton

Rolling Hills Park, Fullerton

Rolling Hills School Park, Fullerton

San Juan Park, Fullerton

Skate Park (at Independence Park) , Fullerton

Trail Rest Park, Fullerton

Truslow Park, Fullerton

Valencia Park, Fullerton

Virgil "Gus" Grissom Park, Fullerton

Vista Park, Fullerton

West Coyote Hills Park, Fullerton

West Coyote Hills Tree Park, Fullerton

Woodcrest Park, Fullerton

Koch Park, Placentia

Pearson Park, Placentia

Tuffree Park, Placentia

Kraemer Park, Placentia

Parque de Los Vaqueros, Placentia

Parque del Arroyo Verde, Placentia

RiverDale Park, Anaheim

*Recreational trails were not included in the list.

Did I miss any?  I tried to exclude buildings and golf courses though many consider those to be "parks".

122 PARKS NORTH OF THE 91FWY!

How many parks do we need before we have enough?

Chevron Guilty of Blackmail?

In the early March edition of the Fullerton Observer, Fullerton resident David Owen claims Chevron has and is blackmailing the City of La Habra.

Mr. Owen takes issue with an AGREEMENT that was voted on at a PUBLIC meeting wherein the public could tell the La Habra City Council members just how they felt about the AGREEMENT.

Specifically the AGREEMENT stipulates the terms of sale of water rights from Chevron to the City of La Habra. One of the terms specifies that the city of La Habra cannot oppose any part or portion of the West Coyote Hills development in Fullerton. Another term specifies that the City of La Habra must provide water to the new subdivision in the event that the new subdivision creates a burden on the City of Fullerton’s water system. I’m paraphrasing but you get the picture.

The terms and conditions of the AGREEMENT are pretty typical considering the magnitude of the transaction. (I keep capitalizing AGREEMENT to emphasize the mutual accord of the parties)

Concerned that the statute had recently changed, I looked up the most current version of California Penal Code 518, the law which Mr. Owen thinks was violated, which defines extortion, the legal term for blackmail.

The law reads, “518. Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.”

There are a number of ways to apply extortion and I can’t find any that fit the alleged crime. In consideration of the lack of evidence that a crime was committed and the fact that the allegations were published, perhaps Chevron will consider some sort of legal action against Mr. Owen for defamation. But for Chevron to do so, the courts might first have to recognize the Fullerton Observer as general circulation news paper, which, according to the Orange County Register and court records, it isn’t.

So, as an emotional outlet, much like this blog, I suppose Owen and the Observer are safe from the wrath and vengeance of giant evil oil companies should they choose to crush us.

The anonymous authors of the other Chevron hit-pieces which were also printed in the Observer do bring up one very real and valid point. Fullerton’s contract legal firm is Jones & Mayer, the same firm contracted by the City of La Habra. They are the same firm who has advised both cities on dealings with Chevron. Richard Jones (NOT TO BE CONFUSED WITH FULLERTON MAYOR RICHARD “DICK” JONES) of Jones & Mayer is also a board member of Cal Domestic, the water company whose shares Chevron has sold to La Habra. That puts Jones & Mayer in a unique position to play match-maker and earn a little extra spending money. Although no wrong-doing by the firm has been uncovered, Jones & Mayer must disclose conflicts of interest in cases like this.

Could Fullerton Follow Mammoth Lakes Into Bankruptcy?

After the City Council voted to back out of a 1997 developments agreement, Mammoth Lakes was hit with a $30 million judgment which has been upheld by a California appellate court.  As the L.A. Times story says, "The court found that the town did not live up to its end of the bargain."  Mammoth Lakes City Council is now looking at municipal bankruptcy as an option.

Sound familiar? 

Chevron filed suit against the City of Fullerton when the City Council voted 3-2 to back out of a development agreement with the company.

Assuming the new council members, Bruce Whitaker and Patrick McKinley, vote to approve the various entitlements to Chevron, the suit could be dropped.  It does, however, call into question the process in which councils enter into development agreements and the long-term ramifications of not honoring their contracts.