"Eagle Rock: Where land use and planning is a contact sport"

THE EAGLE ROCK ASSOCIATION

TERA

-- e.letter --

May 23, 2002


In this issue:


1.  WALGREENS ISSUE -- DESIGN REVIEW BOARD MEETS TONIGHT

2.  HIDDEN ADDENDA; HIDDEN AGENDA

3.  VALLEY PRESS CONFERENCE -- FRIDAY, MAY 24 -- JOIN US

4.  THREE OCCIDENTAL COLLEGE PROFESSORS OFFERED FULBRIGHT FELLOWSHIPS TO TEACH ABROAD

5.  HISTORIC 30s/40s BUILDING FOR LEASE

6.  GARCETTI ANNOUNCES INDEMNITY PLAN FOR NEIGHBORHOODS

7.  LETTERS AND E.MAILS

8.  QUOTE OF THE WEEK


WALGREENS ISSUE -- DESIGN REVIEW BOARD MEETS

TONIGHT, Thursday, May 23, 2002, 6:00 p.m.


Eagle Rock Branch Library, 5027 Caspar Avenue, Eagle Rock

 

TONIGHT, Thursday, May 23, 2002, at 6:00 p.m., the newly-appointed Design Review Board (DRB), mandated to be appointed at the time of passage of the Colorado Boulevard Specific Plan (the Plan) about 10 years ago, at last has been appointed and meets for the first time.  This meeting will be held at the Eagle Rock Library, 5027 Caspar Avenue in Eagle Rock.

 

The Walgreens proposal, submitted by the developer, FCD Realty & Development, LLC, will be on the agenda for review by the DRB.  It is the same proposal with the silly "canopy" idea (you know, "walls" made of nothing but air, for a full view of a sea of parking lot) that the developer showed us in late March of this year.  Please review the attached images so you can see for yourself.


2.  Hidden Addenda, Hidden Agenda; The Ave 57 Specific Plan TOD (Transportation Oriented District), and Ed Reyes's secret plan (and postscript)

An exposé by Andrew Garsten and friends, May 22nd, 2002

Council Member Ed Reyes has secretly changed and amended significant aspects the Ave 57 Specific Plan TOD going before City Council for approval this Friday.  The changes and amendments effectively gut the plan's original intent by allowing dramatically higher density development in both his and Council Member Pacheco's districts.  The original plan, the culmination of a year-long joint community and city department effort, laid out a rational plan that carefully prescribed development around the new Ave 57 Gold Line station; good planning in the city known as the antithesis of planning. But unbeknownst to most of the city staff and community volunteer authors, Council Member Ed Reyes edited the plan and inserted additional language, an ethically questionable maneuver that may make the plan illegal without a new review through the Planning & Land Use Management public processes, and a reevaluation of EIR and CEQA conformance.

Background:
When the Authority for Metro Rail "Blue Line" was created (the train line itself is now named the "Gold Line" but the authority remains the "Blue Line"), a station was planned for Ave. 57 and Figueroa St. in Highland Park.  There were a number of community concerns regarding future development around this new transportation hub.  The plan area is shared by both Council Members Reyes and Pacheco.  The creation of a Specific Plan for a Transportation Oriented District (TOD) was initiated to address these concerns and set guidelines for future development. Much of this is spelled out in the original text of the Specific Plan Ordinance for Ave 57 Transportation Oriented District.

Original Plan Model of Community/City Cooperation
The development of the Specific Plan began in 2000.  In a period of just over a year, members of the community, the NELA CPAC, the Highland Park Historic Preservation Overlay Zone, various city departments and the Reyes and Pacheco council offices worked together on this project. A series of public and NELA CPAC meetings were conducted.  In these meetings numerous presentations were made showing what the consequences of various courses of action might be, including known plans and proposals for the Specific Plan area.  From this very careful and lengthy public process, the details of the original Specific Plan document were hammered out.

Key Implementation Device: Limit Lot Ties & Square Footage
The resulting Specific Plan document produced from this process has a great deal of language referencing scale, integrity and preservation issues. Mixed use and adaptive reuse are cornerstones of this plan.  A key device by which scale appropriateness is managed is through the limiting of lot ties and square footage.  Specifically, the original plan called for a lot assembly restriction of a maximum of two lots with a combined area equal or less than 10,000 square feet for residential development or a maximum assembly of three lots with a combined area equal or less than 15,000 square feet for commercial development.  This is, indeed a good part of the "heart and spirit" of the entire plan and a large part of why it was created and supported by the public.  A rationale for these devices is presented in the plan at length.

Reference to Amended Document in Council Procedures
When the Ave 57 Specific Plan TOD was being presented to council last week, one of our friends was there to give praise to the historic achievement the original plan represented.  As Council Member Reyes presented the plan for a vote, subtle references to an amendment were made. What amendment was that, our friend thought?

A vote took place, but since it was the last item on the agenda, several council members had already left.  With 12 votes required, it only received votes from all 10 council members still in the room.  The motion was tabled for a future date (Friday May 24th), where by some strange twist of City Council logic, it only needs 8 votes on a revote to pass. Does this mean that if there are less than 8 council members to vote on Friday, it will need only 6 votes on its next appearance before council, and carry on until it could theoretically pass with no votes?
 
The hunt for the not so "public" document
So our investigation began with an effort to get a copy of the amendment and Specific Plan document, to see what the amendment was all about. Here's the gist of our activities and conversations:

First we went to the City Clerk's office.  They looked and looked but did not have it.  They thought it was strange.

Next we went to Council Member Reyes's office and asked CD1 staff if they could give us a copy of the Specific Plan and its amendment.  CD1: Can you go home and we'll call you when we find it?  Us: No, we won't go home without it.  CD1: Well we can't find it.  Us: Ok, we know the City Attorney might have it, so we'll go over there.  CD1: Hold on a minute, we found the amendment.  Here it is.  But we can't find the Specific Plan.  Us: We left with the amendment but thought it was very strange.

Called Bob Sutton's Office - Planning Department Senior Manager who signed off on the amended and edited Specific Plan.  BSO: Sorry, but it has a note on it that says "Do not give out to public."  Us: But it's a public document!  BSO: Sorry.

Went to the City Attorney.  CA: Go to City Clerk.  Us: Nope, not there.  CA: Should be able to get from Planning, it's public record. Us: We tried Sutton's office at Planning and they said no go. CA: They can't do that. Us: Well, they did. CA very nicely printed up the entire document and pointed out the "Council member's alteration."

We called Con Howe (Head of Planning Department) and left message, Bob Sutton called back.  BS: Never put a hold on that document. Us: Well we can only repeat to you what we were told.

Us: (thinking) Who's been busy covering trails and then got to the Planning Department brass?

Secret Amendments and Changes
The amended and edited Specific Plan Reyes introduced on 5/17/02 for his and Pacheco's districts doubles the original Specific Plan's size restriction for residential, and triples the original ordinance's commercial restrictions. The amended language calls for:  "A lot assembly restriction of a maximum of four lots with a combined area equal or less than 20,000 square feet for residential development or six lots with a combined area equal to or less than 50,000 square feet for commercial development shall apply to the entire area included within the Avenue 57 Transit Oriented District (TOD) Specific Plan."

Double Dip for Developers
There were a number of bonus and incentives put in the original Specific Plan including a bonus to compensate for restricting the assembly of lots -- a floor area restriction (FAR) bonus that allowed a 25% increase of square footage for a number of developments.  These original bonuses and incentives remain in the Reyes plan, effectively giving developers the double Christmas present of doubled and tripled lot ties and square footages plus the FAR bonuses and incentives for the restrictive lot ties that are no longer restrictive.

Highland Park HPOZ Threatened
Almost all of the area of the Specific Plan is in the boundaries of Los Angeles's oldest Historic Preservation Overlay Zone (HPOZ), The Highland Park HPOZ.  The original document conformed with the Highland Park HPOZ standards as well as the Northeast Community Plan.  Those directives include specific language that prescribes curtailing the building of large, out-of-scale apartment complexes, retail "boxes," [like Walgreens] and "mini-mall-box-like" buildings, while ensuring the integrity of the historic area by encouraging the preservation of existing structures and restricting new buildings to be ones that are appropriate in scale and style.  The Reyes amended document conflicts directly with these.

What about Nick Pacheco?
A considerable part of the area inside the Specific Plan is in Council Member Pacheco's district.  His staff had worked side by side with Reyes staff on the original plan in detail.  Nick and his staff had a copy of the amended language set before council, and when it came to a vote, Nick voted affirmatively for approval.  Is this because it is in his district where conditions may be most favorable for the oversized development [a la Walgreens] that would be allowed if the secretly changed plan was passed? Is Nick getting Ed to do a favor for him?

Is It Legal?
Planning & Land Use Management (PLUM) Committee, headed by Council Member Reyes, gave an affirmative disposition to the original Specific Plan at a public meeting on April 24th 2001.  There are substantial differences between this document and the one slated to come before City Council Friday, 5/24/02.  Statements of Purpose, Statements Strengthening the Public Input, the HPOZ Jurisdiction, and many other more "community" oriented elements are gone from this document.

We spoke to Planning Department senior management.  We asked if, given the substantial nature of these changes, the EIR was revisited, the document was sent back to PLUM, or if it was re-examined for CEQA conformity, and were these reviews documented?  Senior management acknowledged that there had been no further review, and that while those reviews were not done, they were "sure it falls within them." When asked if they thought this was proper, they stated they thought it would "probably be ok." When asked how they could have signed off on the document, they stated, "Well, staff did not give me any reason not to."  This abdication of management responsibility, in effect hiding behind "staff," speaks for itself.

Call to Action:

There are huge ethical and legal issues exposed here.  The amount of good faith on the part of the public and the city agencies that Council Member Reyes's secret actions voids is staggering; to say nothing of the financial investment in time and expenditures that is burned here. The ramifications of actions like this strike at the very heart of public participation in the planning process, and lay to waste the ideals of transparent government.
 
Please forward this exposé through your e-mail lists and message groups.

Please write, fax, or e-mail your Council Member to "Vote NO" for the Reyes amended and edited Ave 57 Specific Plan TOD.  We need to pass the original document as it originally passed out of PLUM, draft Feb. 2000.
 
Further Information:
For copies of The Ave 57 Specific Plan TOD and amendment, please contact Bob Sutton (senior manager at the Planning Department) at 213 978 1244

For any other information please contact me at this e-mail address or by calling me at 323 665 7670

Thanks:
andrew garsten

Postscript:
As a courtesy, I called Council Member Reyes on Wednesday morning to speak with him about this report.  In the afternoon we spoke, and as a result of this conversation he said he would "table" his amended and edited Ave 57 Specific Plan TOD, and that we would run this report and include this postscript.

We greatly appreciate that Ed has seen the light.  Thank you, Council Member!

However, we must remain vigilant.  Council Member Reyes now has a "heads up" and we can expect all sorts of interesting spin control. Also, it is still imperative that this report be forwarded to others and letters be written to council members in case the amended Ave 57 Specific Plan TOD ends up still being put up for voted on Friday.
 
-- Andrew Garsten, Spokesperson, The Coalition to Save Van de Kamp's, savevandekamps@ixpres.com


3.  Valley Press Conference -- Friday May 24th -- Join Us

Today the Mayor held a press conference at Los Angeles City Hall with several of the well known downtown billionaires to announce how they are going to work together to block the Valley from its drive for Independence.

The San Fernando Valley will respond by having a press conference on the steps of Van Nuys City Hall with leaders and residents from across the Valley.

Yesterday's approval of a Vote on San Fernando Valley Independence was a great victory for the people. The City of Los Angeles is the people's City and the people should be able to decide how it is structured.

As people across Los Angeles are learning the facts support for a new Valley City and a smaller more manageable City of Los Angeles is growing. People in both areas benefit.

As a result, the media is suggesting that the mayor appears desperate and his rhetoric is being rejected by the public as not believable.  Join us, in a Valley show of support to the Mayor that the people should have a right to vote on San Fernando Valley Independence and he should not block the vote with his money or his lawsuits.

The press conference will be held at:

Friday, May 24, 2002 10:00AM

Van Nuys City Hall Steps
14410 Sylvan Ave.
Van Nuys, California


Join Us

On May 22, the Los Angeles County LAFCO approved the question of creating an independent Valley City going on the November 5, 2002 ballot by a vote of 8 -1 with the only desenting vote being a vote by Cindy Miscikowski, the only voting member of LAFCO from the City of Los Angeles.


4.  THREE OCCIDENTAL COLLEGE PROFESSORS OFFERED FULBRIGHT FELLOWSHIPS TO TEACH ABROAD

Three Occidental College faculty members -- associate biology Professor Elizabeth Braker, associate Spanish Professor Salvador Fernandez and assistant anthropology Professor Jeffrey Tobin -- have been offered prestigious Fulbright Fellowships to teach abroad.

The trio accounts for the most Fulbrights offered to Occidental faculty in a single year since four professors won the fellowships during the 1974-75 academic year.  Their proposed assignments are as follows:

Elizabeth Braker, who has taught at Oxy since 1991, plans to spend six months affiliated with the ecology department at Pontificia Universidad Católica de Chile in the Chilean capital of Santiago. Starting in August, she could teach a graduate course and conduct a collaborative research project on vulnerable, threatened and non-threatened plants in Chile's San Carlos de Apoquindo region, an area whose abundant plant species are threatened by urban encroachment and non-native European grasses.

"Central Chile and California contain relatively similar proportions of the world's endemic species; however, in contrast to California, with 39.2 percent of area protected, only 10 percent of Central Chile is protected," Braker said. "This study will allow me to compare conservation strategies and biodiversity protection in the two regions at a broad level, while focusing attention on a clearly defined research question relevant to the conservation of threatened plants and their insect pollinators."

Salvador Fernandez plans to spend up to five months as a senior lecturer at Spain's Universidad de Barcelona and the Universidad Autonoma de Barcelona, where he expects to teach American literature beginning in February. He has taught at Oxy since 1992. Fernandez will teach a Latin American/Mexican literatures and theory course and a Mexican-American/Latino cultural and literary studies course.

"Spain provides an excellent academic and social environment for my lecture-teaching project because of its historical and cultural importance for Latin America," Fernandez said. "Its influence in the literatures and cultures of the Americas, which includes Chicano/Latino literatures in the United States, continues to be as vital as it was 500 years ago. For the Americas, Spain serves as an ideal cultural avenue for our scholarly exploration into newer areas of Spanish-language studies and cultural and literary productions, generally associated with trans-Atlantic studies."

An Oxy faculty member since 1998, Jeffrey Tobin will travel to Buenos Aires in July to teach and conduct research on Jewishness at Argentina's National Institute of Anthropology. Tobin, who is the recipient of a summer stipend from the National Endowment for the Humanities that covers the same project, will remain in South America through December.

"I'll teach a graduate seminar exploring connections between anthropology's roots as a so-called 'Jewish science' and the recent blossoming of 'native anthopology' practiced by Latinos, Indian-Americans and other 'outsiders' in U.S. society," Tobin said. "I'll also conduct ethnographic research on how models of masculinity that circulate in Buenos Aires' Jewish community compare to the models of masculinity that circulate  in the dominant Argentine society and in Jewish communities in Europe and the United States."

The Fulbright Program was established in 1946 under legislation introduced by former Sen. J. William Fulbright of Arkansas. About 234,000 scholars, 88,000 of them from the United States, have participated in the program since its inception. About 4,500 new grants are awarded annually. They are funded chiefly by an annual appropriation from Congress, with additional contributions made by foreign governments.


5.  HISTORIC 30s/40s BUILDING FOR LEASE

2000+ sq. ft. (41x49) with back patio/trees.  Great frontage and visibility at 1948 Colorado Boulevard in the burgeoning dining-shopping-arts area of Eagle Rock.  Now divided into small offices/can reconfigure.  Next door to upgraded/remodeled liquor/deli shop and (potential) upscale restaurant/coffee house.  Looking for one tenant, good credit, long-term lease.  Asking $3,400.00 a month, will negotiate.  Please call (323) 660-3753.


6.  Garcetti Announces Indemnity Plan for Neighborhoods

May 8, 2002
FOR IMMEDIATE RELEASE
 

The Los Angeles City Council unanimously approved today a new indemnification policy to ensure neighborhood groups can improve their neighborhoods without fear of costly litigation.

Council member Garcetti stated: "Every day we are asking City residents to partner with us in making our City a cleaner, healthier, more livable place.  And every day, neighborhood heroes respond to that call ­ with neighborhood clean ups, neighborhood re-greening and beautification projects and graffiti paint outs."

Garcetti continued: "Today dawns as a bright new day in the City's partnership with our neighborhoods.  Our neighborhood heroes no longer will fear financial ruin from litigation which may arise from their neighborhood work.  Instead, we are creating a city insurance policy for neighborhood projects ­ at NO cost to community groups ­ which will indemnify against litigation losses."

The City's new neighborhood indemnification policy was created by a public/private working group created at the request of Council member Garcetti and the City Council.  Garcetti thanked the members of the working group for their hard work.  Garcettis motion is attached.

Garcetti concluded: "I know that this is an important issue for the residents and businesses of Silver Lake who were unfairly faced with litigation for their great work improving the Gateway to Silver Lake (Silver Lake 2000).  The Council's action today makes clear that this is not merely a "Silver Lake 2000" issue.  I am pleased that the City today is standing for protection for all of our neighborhood activists."

For further information, contact Garcetti's Chief of Staff, Rich Llewellyn, at 213/473-7013.


7.  LETTERS AND E.MAILS

"My husband and I went on the Eagle Rock Home Tour yesterday and had a wonderful time.  It was such a pleasant day.  The tour was so well organized and the homes were so lovely.  My thanks to the Eagle Rock residents who opened up their homes for this lovely event.  And, my thanks to TERA for organizing such a wonderful community event."

-- Esther Gillies, Eagle Rock resident and TERA member


"Sorry that Kelly and I did not make it to the party after the tour yesterday but we had a limited child care situation.  I missed seeing you and John and Tracy et.al.  But we did get out to see four of the homes in the afternoon and they all seemed well-attended.

A favor: could you give me the phone number for the owners of the Johnson House at 1615 Hill?  I want to ask them a question about a detail I saw that relates to our own house.  The brochure looked great, as usual.  Thanks --"

-- Sean Mitchell, Eagle Rock resident, TERA member, owner of one of the homes on TERA's 2001 Eclectic Eagle Rock Home Tour, and one of the writers for our 2002 Home Tour


"I made a point at the [Home Tour] party [for volunteers] of talking with each of the docents who were there to ask them what kind of experience they had, and every single person replied strongly in the positive.  Today I received a bunch of e-mails from docents telling me the same thing.  Most of these folks are new to the tour, and many of them are younger.  This is a great sign."

-- Wanda Kuenzli, Home Tour docent coordinator, Eagle Rock resident, TERA member, chair of the Eagle Rock Community Cultural Association, and an incredibly hard worker


"Whom did they [Walgreens] hire as developers?  I haven't seen schematics like this since the early 80's.  Computers are an amazing invention.  In Phoenix, from my recollection, the Walgreens buildings tend to be at the street with the parking behind. I thought they were supposed to be a 'community oriented' organization.  I'll do my best to be at the meeting on Thursday.

I'll see if there are pictures of the RiteAid in Long Beach that was built in a completely rehabbed pharmacy building.  They did an amazing job with it, totally keeping the character of the building while turning it into a completely modern store."

 

-- Thom Brennan, Eagle Rock resident and new TERA member


" Thanks so much for the info.  You have worked so hard that I understand the frustrations you must be feeling.  I wonder how Walgreens would react if we had petitions signed by hundreds of community members who vowed never to shop there once they built it.  It seems to me they might think twice about stocking their shelves just to have their merchandise sit there!  Thanks again for keeping us well-informed."

-- Terrye Munday, 46-year Eagle Rock resident

[Editor's note:  Many of the people who signed our 2,000+ petitions commented that they would refuse to patronize Walgreens if the company did not respect the community's wishes by restoring and reusing the Shopping Bag building.  Those petitions were sent to the CEO of Walgreens.]


8.  QUOTE OF THE WEEK

"There is a principal in physics that says if a thing cannot be distinguished from any other thing it does not exist.  If your town cannot be distinguished from any other town [because of encroaching big-box development], sooner or later it will cease to exist."

-- Donovan Rypkema


Joanne Turner <artburn@earthlink.net>
President, The Eagle Rock Association (TERA)