Archives for category: Fullerton History

Coyote Hills Vista

Angela Lindstrom, Friends of Coyote Hills

The 4th District Court of Appeals side- stepped the people’s referendum right issue when it ruled against the Friends of Coyote Hills on their Measure W lawsuit on December 6, 2018.

The judges framed this lawsuit more narrowly as a business contract between Chevron-PCH and the City of Fullerton even though the subject of the 2012 Measure W referendum, the West Coyote Hills Development Agreement, was codified through a City ordinance which is subject to referendum.

The City wrote the West Coyote Hills development approvals so that if the Development Agreement was terminated, the other approvals such as the General Plan amendment, Specific Plan, and even the Environmental Impact Report (EIR) would be overturned.

The Friends of Coyote Hills sued the City of Fullerton after it gave final vesting rights to Chevron-Pacific Coast Homes in 2015, despite the people’s successful referendum which should have terminated the Development Agreement.

The appeals court ruled that while the Development Agreement was approved through an ordinance, the City and Chevron had the final say on whether it would be terminated even after a referendum because that was what they wrote in the Development Agreement. The people’s referendum veto was therefore moot. Since the City and Chevron chose not to terminate the Development Agreement after the referendum, the other development approvals stand.

While it’s not surprising that the appellate court avoided ruling on a constitutional matter, this case leaves the door open for the City of Fullerton and other California cities to write ordinances that deprive people their referendum veto, a right granted by our state’s constitution.

 
In recent years, the State Supreme Court has overruled Orange County courts when cities overstep their powers to make land use decisions at the cost of people’s right to participate.

 
In December 2016, the California Supreme Court unanimously sided with the citizens of Orange to reaffirm decades of well-established planning law that supports the right of voters to use the referendum process to challenge local land use decisions.

 
In March, 2017, the California State Supreme Court sided with the Banning Ranch Conservancy against the City of Newport Beach. The Orange County Register reported that “The case hinged on a simple question: Did the city of Newport Beach violate its own municipal ordinance in 2012 when city planners approved development at Banning Ranch, even though voters in the city had previously said they wanted the land to remain open space?”

 
The Friends of Coyote Hills have until January 15, 2019 to file a petition to the State Supreme Court to review this case. A generous donor has already kickstarted a $20,000 challenge grant to support the Friends of Coyote Hills’ continued effort to save Coyote Hills and preserve the public vote.

If you can make a donation please visit the Friends of Coyote Hills website at www.coyotehillls.org or call 657-325-0725.

Hunt Banner

Matthew Leslie

Fullerton’s Library Board of Trustees will hold a special tour and meeting on Saturday, May 5, 10:00 a.m. to allow members of the public to inspect the closed Hunt Branch Library and discuss possible uses for the facility with the trustees. The  Hunt Branch Library is located at  201 S Basque Ave, Fullerton, CA 92833.

This tour represents a rare opportunity to inspect the inside of the library, which is currently leased to a neighboring church for only $ 1,300.00 per month. The building, designed by world famous modernist architect William Pereira, served as a branch of the Fullerton Public Library for half a century before being steadily defunded and eventually closed.

Pereira Time

Architect William Pereira on the cover of Time magazine just one year after the opening of the Hunt Branch Library in Fullerton.

 

1934cornerview

The Firestone building next to the Fox Theater circa 1930’s. Things change, but they don’t have to be made worse.

Matthew Leslie

On June 21 the Fullerton City Council voted 4 to 1, Bruce Whitaker dissenting, to award an exclusive negotiating agreement with Dick Hamm’s Pelican Communities to develop a plan for the Fox Block. The so-called Fox Block concept has been around for several years, dating back to the days of Fullerton’s Redevelopment Agency. Although Redevelopment has gone away (for now), there is still money set aside for the project. The stated rationale for the project is an agreement between Cynthia Peck, owner of the adjacent Angelo’s and Vinci’s Restaurant and the RDA (now the city’s “Successor Agency”) to provide adequate parking for the theater when and if it ever opens so the restaurant will not be left without convenient spaces for its patron’s vehicles.

Six members of the public spoke out against entering into an exclusive agreement with Pelican, citing such concerns as:

  • Pelican’s inability to build anything on the Amerige Court site they were supposed to develop nearly ten years ago,
  • Their record of insensitivity to historic resources
  • The lack of transparency in the process because the decision to prepare the original Request for Proposals was made by the Fullerton City Council in a Closed Session meeting in 2015.
  • The vagueness of the staff report, in general

Only one member of the public spoke in favor of the agreement, Leland Wilson, who was a member of the three person board who rated the applicants for Fullerton’s Community Development staff, who ultimately made the recommendation to the Fullerton City Council last week.  Leland Wilson is President of the Fullerton Historic Theater Foundation, overseeing the restoration and eventual operation of the Fox Theater itself. He has also filed papers this year to run for Fullerton City Council, an office he held for a single term between 2002 and 2006.

One speaker who expressed concerns about Pelican’s lack of sensitivity for historic resources was Jane Reifer, who was herself a principal figure in saving the Fox Theater from destruction. Several years ago it was Jane Reifer who pointed out that Pelican’s Environmental Impact Report (EIR) of the Amerige Court site downtown characterized several 1920’s era historic structures as “inconsequential 1960’s style” buildings.

Community Development Director Karen Haluza vouched for Pelican’s record of sensitivity to historic resources in their recent Tustin project, Prospect Village. Here is an image of it, you be the judge.

Screen Shot 2016-06-28 at 9.15.40 PM copy

Watch out Fullerton, this is what Pelican built in historic Downtown Tustin.

Perhaps Ms. Haluza was referring to the scale of the new buildings, but, comically, or tragically, if you value historic buildings, one was actually torn down to clear the site for Prospect Village. Here is a quote from an OC Register article published at the time of its groundbreaking:

Old Town merchants and developers from Pelican, Tustin LLC, were on hand Monday for the groundbreaking for the long-awaited Prospect Village, a 13-building retail and residential complex to be built at the northwest corner of Main Street and Prospect Avenue.

They gathered next to the remaining two buildings of the historic Utt Juice Company, which will be razed to make way for the new project with 40,000-square feet of new retail space.

Only one speaker, council candidate Joe Imbriano, asserted that the Fox Theater itself was in danger of being eventually torn down. Director Haluza properly assured him that there were no plans for razing the structure, of course, but the larger point of what kind of structure could be appropriate to build next to the Fox was left for later consideration. Commenter Roy Zartman, a local sound engineer with decades of professional experience, cautioned the council that unless “forty foot” equipment trucks can ultimately access the rear of the Fox, no large touring acts would be able to play at the venue.

Most disturbing was Pelican’s Dick Hamm expressing admiration for what we’ll charitably call the “restoration” of the Firestone Building on Chapman Ave., adjoining the Fox Theater. The Firestone is certainly a functional space for its current tenant, Dripp coffee shop, but no one could seriously say that the building much resembles one that had been restored with historical accuracy, with its metal mullioned windows and lego brick-looking roof. If this is what Dick Hamm and our planning staff admire, watch out…

Firestone Today

The Firestone Building. (Image borrowed without permission from Roadside Architecture.com).

As developers do, Mr. Hamm expressed great enthusiasm for building of the site, but one has to wonder why there were so few responses to the Request for Qualifications issued by the city. Director Haluza spoke of evaluating just four, and though she repeatedly noted that Pelican had scored something like 95 out of 100 possible points in the evaluating process that involved Mr. Wilson, it does seem curious that if it is a site with such potential, no more than four responses were evidently received. Is it even realistic to think that adequate parking can be provided on the site without building a structure that is radically out of scale with the neighborhood to the north? As Leland Wilson himself wrote in an email announcing his 2016 council candidacy: “I believe we can ask for better projects that fit Fullerton’s character. Putting 6 stories next to single story homes is just plain wrong.”

One issue that went entirely unaddressed at the public hearing was the potential conflict of interest presented by having Leland Wilson, a declared candidate for Fullerton City Council, participate in the evaluation process that included Pelican, a developer who contributed no fewer than $ 1,500.00 to Mr. Wilson’s unsuccessful re-election campaign in 2006. Although the evaluation process began prior to Mr. Wilson’s March 10 announcement of his candidacy, “Follow-up” interviews are identified as having taken place that same month on the city’s Fox Block web page. The Rag will be very attentive to Mr. Wilson’s campaign filings to see if Pelican is as generous to him in this year’s election as they were in the past.

Leland Wilson Pelican Donaton 2006

$ 1,000.00 from Pelican for Leland Wilson’s failed 2006 campaign…


Wilson Pelican Donation II

…and another $ 500.00 from Pelican for Leland Wilson, for a total of $ 1,500.00.

 

And while we’re on the subject, we ought to consider who else’s political campaigns have been the beneficiaries of Pelican’s largesse. I’ve reproduced all the filings I could find from the city’s website, recording the following contributions to current members of the Fullerton City Council who voted in favor of entering into the exclusive agreement with Pelican last Tuesday:

Mayor Jennifer Fitzgerald received $ 500.00 from Pelican in 2012; Mayor Pro Tem Jan Flory received two separate $ 250.00 contributions, one in 2012, another in 2013, for a total of $ 500.00.

Fitzgerald Pelican Donation 2012

$ 500.00 from Pelican for Jennifer Fitzgerald’s 2012 campaign.


Flory Pelican Donation 2012

$ 250.00 from Pelican for Jan Flory’s 2012 campaign…


Flory Pelican Donation 2012 2

…and $ 250.00 more from Pelican for Jan Flory in 2013, even though she is not running for re-election.

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