Title to the Birch Hills Golf course, owned by Union Oil/Chevron since it was built in 1972, was to be transferred to the City of Brea in exchange for being released from the obligation of paying a Parks in Lieu Fee. Who knew what a total nightmare this seemingly simple matter would become?
The pissing contest between Chevron and the City of Brea has consumed over three years in closed sessions, allowed the once popular course to be dramatically reduced in size and to fall into a horrible state of disrepair and finally, last Tuesday, it showed up on Council’s agenda as Consent Item 21.
Consent Item! Bull Sugar!
Consent Calendars are reserved for routine, non-controversial, housekeeping items, or matters the Council has achieved consensus on after previous discussion. Generally, topics that have not been previously discussed by Council should not be put on the consent agenda.
Since the early ‘90’s Staff and Council have been burying critical items on the Consent Calendar to avoid conflicting public opinion. It’s a practice I’ve been fighting for years.
The moment agendas are posted late Friday afternoon, I immediately check the Consent Calendar to see what is getting swept under the rug at the next meeting. I find dubious items virtually every time, the Birch Hills matter is a prime example.
Why Pull The Item For Discussion?
Three years in the making and this multi-million dollar city asset was being acquired like a thief in the night, with no provision for discussion. Again, bull sugar.
Well over a hundred pages of complicated legal documents, with 14 attachments, were handed off to Council Friday evening and they… we all… had 97 hours to digest and research or corroborate it all.
Thankfully there were several folks willing to attempt the task.
What they found was a grossly incomplete set of documents that saddled Brea, forever, with a toxic, barely profitable piece of property with virtually no means of turning it around without spending a fortune.
How toxic? How costly to mitigate? What options for repurposing some or all of the land to a more safe and profitable use? Nothing in the documents offered even a hint at answers.
Birch Hills Toxicity Is Serious Issue.
Chevron’s field assistant to the project manager on the La Floresta and the senior boots on the ground as the biohazards on the golf course and Rails-to-Trails segment were mitigated, John Bickel, pleaded with Council at their study session to pull the item from the Consent Calendar and table it until they had a better idea of what they were really accepting.
John provided a detailed account of burying countless yards of contaminated soil under the parking lot and the additional mitigation required to bring the property up to residential standards.
John concluded his remarks with the admonition that we just don’t know enough… there are still too many unknowns. There’s a lot more explaining to do before we saddle ourselves with this monster.
Addendum – John Bickel: I think it’s important to add some clarity on exactly what is buried there, why there is more remediation to do.We (Chevron) cleaned up to meet golf course spec not residential. There really is no danger in playing golf, the lake is not contaminated. The soil beneath MAY be, no one knows for sure, it has liner underneath it is why it wasn’t sampled. The unknowns and talk of toxics could damage the income of the course.
Erin Brockovich ring a bell?
Let me add that converting this land to residential use has been a part of the General Plan since 2003. It’s on the city website. The map on page 40 shows this property as low density residential.
The city planners knew it. Unocal/Chevron knew it. Yet the documents to effect the transfer of title provide little or no clear answers how the city might proceed in that direction in the future.
Another Voice Of Reason.
During Matters From The Audience, Dwight Manley chastised Council for putting such an important matter on Consent Calendar and to table the item until the many blanks could be filled in. Clearly Council could not proceed with any certainty based upon the information available.
Here are Dwight’s comments to Council. Please listen carefully. Would you have proceeded blindly to conclude this transaction knowing how little you really knew?
Vargas Exits, Council Dives In.
Forced by legal counsel to recuse himself, Council member Vargas left the meeting. Having voiced his serious concerns since early in the weekend about the Birch Hills issues, Mr. Vargas appeared to be the only real voice of reason.
Many people, believing that Council had clearly heard the public’s position on the matter, left the meeting as well. Thinking it was tabled… they were in for the shock of their lives.
A Comedy Of Errors.
I was watching from home and hung in there. The thirty minutes of bungling and incompetence that followed was gut-wrenching.
In response to half-baked questions from an obviously uninformed Council, staff pulled off an exhibition of world class sugarcoating, deflection, outright misinformation including the “$80 a cubic yard” lie.
If you have the stomach for it, you can watch the streaming video on the city website.
I texted Dwight, warning him that it appeared Council was being drug down a path towards approving the transfer of the Birch Hills Golf Course and direct the Mayor to execute all documents necessary to close escrow.
That’s exactly what they did. They saddled us with a toxic horror and no means to dealing with it lest we spend millions upon millions of dollars ($300 million?) and beg, with fingers crossed, that Chevron and the EPA would approve our request to clean up and repurpose the property.
Brea resident, Thomas Kwan, turned off his TV and emailed Council after listening to Dwight’s detailed and heartfelt plea. A copy of it reached me on Friday. Here I’ve paraphrased a few excerpts.
The last document of the set of exhibits setting forth the request for approval of the Birch Hills Golf Course Ownership Transfer Documents is the Covenants, Conditions, and Environmental Restrictions…which contains the Soil Mediation Plans for the different parts of the property.
There remains on the southern portion of the property toxic chemicals including among others, PCB’s polychlorinated biphenyls, dioxins/furans, relatively stable compounds toxic chemicals that will be there for a long time.
Who in their right mind would want to accept the Draconian responsibilities and liabilities associated with that property and the associated acquisition agreement?
Keep in mind not all of the soil has been tested. There may be areas of contamination that have not been found, have been buried without record or carried by the elements elsewhere to an untested area.
As far as I am concerned the owner (Chevron) should keep Birch Hills, build a sarcophagus over the site and fence it with skull and crossbones signs around the property.
If Brea wants to take over compliance with the EPA and OCHCA restrictions and share the responsibilities and liabilities, then Chevron should fund a multimillion dollar trust for such.
So What’s The Damned Rush?
There are no critical deadlines, threatening penalties or life and death issues here. No real urgency at all. Hell, we’ve screwed around with this for three to four years. Can’t we take a few more weeks… months… to make sure we do this right?
There are legally acceptable ways to delay the final execution of escrow while we connect all the dots. Why wouldn’t Council use every means at their disposal to do this right?