Thursday, May 24, 2007

It Won’t Be Easy Being Green

Berkeley sets tough course for its residents to follow to help reduce emissions of greenhouse gases in city

Carolyn Jones, Chronicle Staff Writer; Thursday, May 24, 2007

In Berkeley’s green future, there will be no incandescent lightbulbs, Wedgewood stoves or gas-powered water heaters. The only sounds will be the whir of bicycles and the purr of hybrid cars — and possibly curses from residents being forced to upgrade all their kitchen appliances.

Six months after Berkeley voters overwhelmingly pass

ed Measure G, a mandate to reduce the city’s greenhouse gas emissions by 80 percent by 2050, the city is laying out a long-term road map for residents, business and industry. It includes everything from solar panels at the Pacific Steel foundry to composted table scraps.

While San Francisco, Oakland and other local governments in the Bay Area have approved policies aimed at reducing greenhouse gas emissions, Berkeley is the first to begin spelling out how people would be expected to reduce their carbon footprints.

Some measures will be popular and easy, like a car-share vehicle on every block and free bus passes. But others will be bitter pills, such as strict and costly requirements that homes have new high-efficiency appliances, solar-powered water heaters, insulation in the walls and other energy savers.

“It will challenge people, and it will be difficult,” said Cisco DeVries, chief of staff to Mayor Tom Bates and one of those coordinating the city’s greenhouse gas reduction efforts. “But if Berkeley’s niche isn’t leadership on this issue, then what is it? This is what we should be doing.”

It won’t be quick, and it won’t be easy, especially in a city where even the most mundane zoning minutia can become mired in months of debate. Few of the proposals have been approved yet, and some might not be ready for decades.

Berkeley started with an estimate of all the emissions attributable to residents and businesses in the city. These include sources within the city limits, such as cars and trucks and natural gas consumption, and Berkeley’s estimated share of those outside the city, such as electricity generation and solid waste sites.

The city generated, directly or indirectly, 696,498 tons of greenhouse gases in 2000, the benchmark the city will use to measure its 80 percent reduction. That figure has already dropped almost 9 percent, but that’s due largely to greener energy practices by Pacific Gas and Electric Co.

To reach an 80 percent reduction, sacrifices would have to be made in all quarters of the city.

Under the emissions crash diet, builders will use only recycled and green materials. Residents will be told exactly how many carbon units they’re generating based on the cars they own, the distances they drive, the waste they generate and the energy they consume. Landlords will be required to provide free bus passes to tenants.

To help out, the city plans to create an assessment district to help residents buy solar panels for their homes — an idea Berkeley officials think other cities will copy. The costs would be tacked on to property tax bills over the course of 30 years so homeowners won’t be stung by the steep up-front price, which can reach thousands of dollars.

Berkeley’s green blueprint calls on people to take small steps on a daily basis as well. Incentives and legislation will make common many activities only a few practice now — walking to work, using cloth shopping bags, buying locally grown produce, shutting off appliances and reducing their use of nonrecyclable packaging.

Bates thinks it all will be an easy sell.

“I think people are looking for ways to lighten their footprint,” he said. “People are willing to make these lifestyle changes, and the cumulative effort will add up. It’s not rocket science. We can do this.”

While virtually everyone in Berkeley agrees that reducing greenhouse gases is a worthy goal, not everyone agrees on the process. Former Mayor Shirley Dean questioned whether the city’s enthusiasm has eclipsed its common sense.

“There’s a funny quote about a man who jumped on his horse and rode off madly in all directions. That reminds me of the Berkeley city government,” Dean said. “I think they need to prioritize and come up with some more immediate, practical measures.”

Dean supports many of the ideas Bates has put forth, such as solar water heaters, but wonders how many of the ideas would be funded, especially when Berkeley residents already pay some of the highest taxes in the state. She also notes that the city’s method of tabulating emissions seems “fuzzy.”

The city is omitting Interstate 80, UC Berkeley and Lawrence Berkeley National Laboratory from its calculations because those are controlled by state agencies that have their own, and in some cases tougher, greenhouse gas reduction plans, DeVries said.

The city also is counting emissions reductions that occur far outside city limits, such as reductions from PG&E plants and garbage dumps.

But the accounting details are irrelevant, said Dan Kammen, a professor at UC Berkeley’s Energy and Resource Group.

“Berkeley is one of the first cities to do this, and I think they’re entitled to some creative bookkeeping,” he said.

He also doesn’t think the city will suffer economically from these measures. Developers still will build in Berkeley, housing prices will remain among the highest in the Bay Area, and business will continue to operate. It is Berkeley, after all.

“There’s still a huge cachet to be in Berkeley. I think we’ll see that these plans will actually improve Berkeley’s economy,” he said. “And let’s face it, a lot of cities will be doing the same thing in the future. If we don’t, we’re cooked.”


LET THE SUNSHINE IN

To meet the voter mandate of reducing greenhouse gases by 80 percent by 2050, Berkeley officials propose:

 

Bus passes for apartment dwellers and eventually for everyone. Landlords would be allowed a small rent increase (equal to $7 per month in today’s costs) to pay for tenants’ passes; funding of passes for all residents has not been identified.

Increased incentives to install solar panels, especially for water heaters.

Mandatory green building requirements, such as using recycled materials, even for small residential projects.

Strict energy efficiency requirements for all new buildings, resold homes and renovations requiring permits. Older appliances would be have to be replaced, insulation upgraded and added to walls, windows upgraded and garages equipped with outlets for electric cars.


Berkeley’s greenhouse gas emissions

In 2005, residents, businesses and industry in Berkeley emitted 634,798 tons of greenhouse gases, an almost 9 percent drop from 2000. Where the gases came from:

– By sector

Transportation: 47%

Commercial/industrial: 27%

Residential: 26%

– By energy type

Natural gas: 36%

Vehicle gasoline: 29%

 

Electricity: 18%

Vehicle diesel: 17%

Source: City of Berkeley

E-mail Carolyn Jones at carolynjones@sfchronicle.com.

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/05/24/MNGJSQ0N671.DTL

Posted by M at 21:57:57 | Permalink | No Comments »

Loophole On Home Additions Targeted

Fairfax Says Rules Are Evaded to Build New, Larger Houses

By Amy Gardner Thursday, May 24, 2007; Page A01 Washington Post Staff Writer

Fairfax County supervisors want to close a loophole that has enabled builders to erect hundreds of houses in recent years without meeting modern-day health and safety requirements for water, sewer and electrical systems.

Building on existing foundations and saving a wall or two has enabled builders to call their projects additions instead of what county officials say they really are: new houses. It has also allowed builders to avoid stringent permitting and inspection procedures required of new houses, officials say.

The results, they say, are houses marketed as just-built but tied to existing utility connections that in some cases are inadequate to serve the new, larger houses.

County supervisors say they want to close the loophole for health and safety reasons. But it is also about aesthetics. At a public meeting Monday, several supervisors lamented the proliferation of outsize houses that have prompted complaints from civic associations. By tightening the inspection process on building additions, the supervisors said, they hope to curtail such construction.

“Building a new house is one thing,” said Supervisor Penelope A. Gross (D-Mason). “Building a new house and saying it’s a renovation when you’re expanding the size by huge degrees — that’s not what the community is looking for.”

A hulking castle of brick at 3433 Annandale Rd. is a perfect example, Gross said. With a 100-foot-wide facade, the eastern Fairfax house has more than 8,300 square feet of living space and looks more like an apartment building than the habitat of a single family. In Gross’s mind, it is the embodiment of the McMansion: vastly larger than the houses nearby, opulent yet bland, and despised by its neighbors.

Yet the two-year-old home near Gallows Road used to be one of those half-century-old ramblers next door, and its owner, Nowsherwan Davis, contends that it still is — with “a couple of rooms” added on top and out back.

Davis said he couldn’t care less that the neighbors don’t like his house. He also said that the county has no right to tell him what it should look like or how big it can be.

“Why would there be anything wrong with it?” Davis said. “It went through the inspection process.”

In closing the loophole, supervisors would take another in a series of steps to catch up with a housing boom that in many ways has outpaced the government’s ability to manage it. In recent months, the county has also moved to rein in too-tall houses (some as high as 60 feet), prohibit in-fill construction on odd-shaped lots and beef up the staff of building inspectors.

According to a county report, Fairfax receives an average of three applications a week for home additions that more closely resemble a new house than an old one with a sunroom or garage tacked on the side. In many cases, most or all of the home is demolished, and the only part saved is the foundation.

“I remember one house, the neighbors complained because it looked like they were digging underneath the foundation to try to do something,” said Supervisor Linda Q. Smyth (D-Providence). “It looked like the house was in danger of collapsing. We actually had it condemned.”

The county’s new rule would require any project in which construction exceeds 150 percent of the existing floor area and in which more than half of existing above-grade space is demolished to go through the permitting and inspection requirements of a new house. Some supervisors say they would like to make the threshold stricter.

Gerald E. Connolly (D), chairman of the Board of Supervisors, conceded that the county has little authority to regulate what’s ugly. So long as a new house or renovation meets code requirements on such things as height, distance from the property line and utility construction, builders are free to construct houses and additions that the neighbors hate.

“Is it appropriate in a neighborhood for someone to come in and essentially demolish an existing structure and put in an enormous home on the same lot and change the shadows and change the view and really stick out as something that doesn’t fit in with the harmony of the neighborhood?” Connolly asked. “We need to strike a balance.”

Leonard Bumbaca of the Broyhill Crest Citizens Association, along Annandale Road, said houses such as Davis’s are part of a trend that is distressing to longtime residents.

“We see people coming in and remodeling their houses, and that’s normally a good thing,” he said. “But we would hope that it would be something that fits organically into the neighborhood. And we’re not seeing that.”

In some neighborhoods where large houses are replacing the old, residents said they welcome the change.

“Everybody is happy,” said Ghamar Nazari, who has lived on Woodley Lane near Merrifield for 30 years. Across from her one-story cottage is a striking new mansion of blue stucco that was built as an addition on its original foundation. “The house there was vacant. This is much better.”

Others said they worry that many of the additions are being built to turn single-family homes into illegal apartments or boarding houses.

“I would hate to see the insides,” said Dan Tierney, a computer engineer who also lives on Woodley Lane. “They are probably wall-to-wall bunk beds.”

Supervisor T. Dana Kauffman (D-Lee) has been stressing the need to crack down on overcrowding in single-family homes. Although he calls it a delicate issue that can pit historically white middle-class neighborhoods against the lower-income immigrants who move in, Kauffman said he believes that the ill effects of overcrowding — including noise, litter and crime — are real.

Closing the “addition” loophole is one more way for the county to fight the problem, he said.

“We have seen them built with deadbolts on the interior doors,” Kauffman said. “This isn’t about ‘ugly’ for me. It’s about the fact that they’re creating these commercial uses, and that’s illegal.”

Posted by M at 20:05:19 | Permalink | No Comments »

Md. Panel Blocks Project Near Bay

Kent Island Homes Needed Last Permit

By Lisa Rein Thursday, May 24, 2007; Page A01 Washington Post Staff Writer

The Maryland Board of Public Works yesterday rejected a wetlands permit for a development of 1,350 homes on an island just east of the Chesapeake Bay Bridge, a project Gov. Martin O’Malley said would be so damaging to the bay it would not be in the state’s best interest.

Four Seasons

Explaining his vote after eight hours of testimony from opponents and the developer of Four Seasons at Kent Island, O’Malley (D) noted that K. Hovnanian had followed the rules and acquired every other necessary permit from local and state government.

“They have jumped through every hoop,” said the governor, who serves on the public works board. “But this is not a canine hurdle exercise. Given the lack of assurance that this will not do further damage to wetlands in critical areas . . . I’m voting no.”

The 2 to 1 vote — with Comptroller Peter Franchot (D) joining O’Malley and Treasurer Nancy K. Kopp (D) voting yes — was hailed by environmental advocates as a sign of the new governor’s commitment to environmentally friendly land-use policies as cleanup of the Chesapeake Bay has become a litmus test for Maryland politicians.

The vote was a defeat for the Washington region’s second-largest residential builder, whose proposal for an active-adult community has roiled politics in Queen Anne’s County for eight years. An otherwise routine permit request exploded into two days of testimony from environmental experts, activists and lawyers, as the board confronted the effect that stormwater runoff from the project would have on the already polluted bay. The site is bordered by water on three sides and is the largest stretch of environmentally sensitive land in Maryland.

“My goodness. The bay is dying,” Franchot said.

It was unclear yesterday whether Hovnanian would abandon the project, scale it back without building on the wetlands portion of the 562-acre property or seek to overturn the board’s decision with a legal challenge.

O’Malley, Franchot and Kopp expressed frustration with the state’s longstanding policy of allowing local governments to set aside protected land for development, and in the case of Four Seasons, designate it a “smart growth” area to be densely built.

“Were I king of the hill, I wouldn’t choose to put the development in this place, either,” Kopp said in explaining her vote. She urged “reforms of our laws” that allow builders to develop Maryland’s shoreline. But she said it would be unfair to change the rules to penalize one developer who had followed them.

Hovnanian had sought permission to build a pile-supported bridge, a small marina, a clubhouse and utility lines on less than an acre of wetlands. The permit was the final hurdle before construction and critical to the project. Several attorneys for the developer left the State House hearing yesterday without commenting. Franchot said he believes the project is dead without a wetlands permit.

Mark Stemen, president of Hovnanian’s active-adult division, said last week that the company would weigh its options if the wetlands permit were denied.

Hovnanian officials said their community of condominium towers and single-family homes would generate tax revenue and jobs for Queen Anne’s. And they said runoff from the project would add less pollution to the bay than runoff from the farm now on the property. Local Chamber of Commerce officials testified in favor.

“While you may want to see some of the state laws and land-use regulations change, to start ad hoc changing that at the end of this process would be a mistake,” Joe Stevens, an attorney for Hovnanian, told the board yesterday.

But opposition from Kent Island activists proved overwhelming. The controversy has consumed local politics with lawsuits and countersuits, bloggers and new community groups, a gag order on county commissioners and recrimination from voters — who in two elections routed a majority of commissioners who supported the project.

“I have heard [from the developer] that only a few people in Queen Anne’s County are opposed to Four Seasons and most don’t care,” said Raymond Simmons of the opposition group Citizens Alliance to Save Our County. But “nobody who signed a pledge ever made it through the primary.”

Much of the opposition focused on an agreement commissioners signed with Hovnanian in 2003 not to say anything negative against Four Seasons in public. The settlement came out of a lawsuit the developer filed against the county for stalling the project.

Franchot called the agreement a gag order. In an opinion issued this week, the attorney general’s office said it is legal for a local government to agree to restrict its criticism. But the opinion said the restriction should not apply to business before the state — and should not preclude a commissioner from speaking out as an individual

Posted by M at 20:02:22 | Permalink | No Comments »

Old School Site, New-Style Debate

Competing Concerns and Ideas Arise As Board Looks at Rosslyn Proposal

By Tara Bahrampour Thursday, May 24, 2007; Page VA14 Washington Post Staff Writer

 

Amid the forest of high-rises lining the Ballston-Rosslyn corridor, tensions have risen so precipitously around one 3.5-acre patch of property that the debate has made it onto YouTube.

Part of the tract, including the 1910-era building that became the Wilson School, is owned by the Arlington public school system; the rest, including a firehouse and a basketball court, is owned by the county government. Late last year, the school system formed a 28-member committee to study and suggest uses for the site, which if developed as office or retail space could bring the school system millions of dollars a year, officials said.

A panel's proposal for the future of the Wilson School site envisions high-rises and a recreation area but would preserve some sections of the school. The School Board is to vote on the plan June 7.

A panel’s proposal for the future of the Wilson School site envisions high-rises and a recreation area but would preserve some sections of the school. The School Board is to vote on the plan June 7. (Arlington County Public Schools)

But many civic leaders and community activists have other ideas. Some would like to see the school designated a historic landmark; others want to see it turned into an arts center. Some want a Montessori school at the site. Still others, lamenting the lack of green space in the area, want the rows of trailers now there to be removed and replaced with an athletic field; and some say the school system should save the building in case enrollment increases and a new school is needed.

Many steps remain before anything is done with the site. But this being the Internet age, and Arlington being a technology mecca, activists have taken their fight online. In “Save Wilson School,” a slick, 10-minute film by resident Wayne Westbrook, civic leaders and community members speak in favor of preserving the school and the area around it. So far, the film ( http://www.youtube.com/watch?v=JChPyzRBnTY) has been viewed about 500 times on YouTube.

“Wilson School is the oldest school still part of the Arlington public system,” said Stan Karson, president of the Radnor/Fort Myer Heights Civic Association and the Wilson School representative on the committee. “It was visited a number of times by President Wilson in his famous Pierce-Arrow car.”

“I’d just like to be able to enjoy a little green space here in the middle of our urban environment,” said Stephanie Arthur, a resident who regularly takes her dog there.

Tom Meyer, a condominium broker who appears in the film, said too much development can hurt property values. “The quality of living declines,” he said. “Views get blocked; there’s less green space for children, for views, and for overall mental health.”

“What are we going to have in this neighborhood in five, 10, 20 years?” said Bardia Saeedi, chairman of the Rosslyn Arts Consortium, who advocates using the site for an arts center. “Are we going to just have another condo development that’s going to look like exactly what we have already or something a little bit different?” Saeedi said.

The 97-year-old Wilson School, also known as the Woodmont-Wilson School, hasn’t been used as a permanent elementary school since 1969 because of changes in the area’s demographics. It originally was built in a neoclassical style, with a portico and cupola, but additions over the years have obscured much of its historic look. Located on Wilson Boulevard, it currently houses a Mongolian Saturday school and has been used as a temporary school site when other Arlington public schools have undergone renovations.

In March, the school system study committee, with members from the schools, the county and the community, recommended that about two-thirds of the site be leased to a developer — who could build an eight- to 12-story building there — for about $2.3 million annually, with adjustments for inflation. The lease money would help offset the cost of construction projects at other schools, according to the committee report.

The proposal also includes an athletic field and a plaza, and it keeps some historic elements of the school, while allowing for floors to be added for school system use. Last month, Superintendent Robert G. Smith recommended that the School Board approve the proposal, and the board is slated to vote on it June 7.

But Mark Antell, president of North Rosslyn Civic Association, said he vehemently opposes the plan, which would eliminate the popular basketball court and calls for a smaller athletic field than one that was there a decade ago. He said he wants the three rows of trailers removed and the field under them restored. “Boy, we miss it,” he said. “You can’t have a community without a playing field. . . . We’ve got 15,000 people in Rosslyn, and we don’t have a lot of open space.”

Antell, who is the film’s producer, also wants to keep open the possibility that Wilson could be used as a school again. Arlington public school enrollment rose in the late 1990s and then dipped early in this decade; the school system projects that enrollment will stay steady the next five years, at about 18,300 students.

Further complicating things is the fact that the 3.5-acre site is two properties, with two owners. About a third of the site is owned by Arlington County, which is not nearly as far along in its planning.

“Just because the schools did this multi-site study, I’m not sure they’re ready to act on it,” said Arlington County Board member Barbara A. Favola (D), noting that the County Board must approve any use permit for the school site. “I think I would want to have conversations with the schools if they wanted to do something drastically different at the Wilson School.”

“The practicality of doing a joint project when you have so many stakeholders is challenging beyond belief,” she added.

Alison Denton, facilities planner for the school system and the study committee’s project manager, said the committee included county staff members who would have known about the plan. Favola said she had not heard from them.

Schools spokeswoman Linda Erdos stressed that any plans are far from being final. “It’s not, ‘Go out and build a building now,’ ” she said, adding that the School Board will vote only on whether to move ahead with some kind of development for the site. “If you listen to some people in the community, you would think that we’d already agreed to put a 40-story high-rise there.”

The film, shot in February and March, has started making the rounds. It was shown this month on community access television, and a screening is being planned at the Wilson School, though a date has not been set.

Civic leaders and community members plan to air their views at a May 31 School Board work session, where they are allowed to bring signs but not speak, and at the June 7 meeting, which will have a public comment session.

“It’s the last little bit of green space for 15,000 residents,” said Jay Jacob Wind, Parks and Recreation Committee chairman of the Arlington County Civic Federation, which represents 61 civic associations. “When it’s gone, it’s gone.”

Posted by M at 19:59:38 | Permalink | No Comments »

A plot both wide and thick

Untamed acres in San Diego County belonged to an Old World empire builder. A bitter feud concerns their future.
By Mike Anton, Times Staff Writer; May 24, 2007

ASTRIDE his horse, Benjamin Coates could gaze across 21,400 acres and see the sweep of his power reflected in nature. A riot of mesas and meadows laced with gurgling streams. Miles of chaparral and clusters of stately oaks. A mountain that Native Americans considered a deity. Herds of deer, golden eagles overhead, enough wildlife to stock a zoo. And not another soul in sight.

This was Xanadu and it belonged to Coates.


The Pennsylvania-born businessman collected property the way others accumulate Hummel figurines. He owned a Manhattan office building, a hunting estate in Scotland, a Swiss chalet, apartments in Paris, New York and Tokyo. But above all else, he prized Rancho Guejito, Southern California’s last undivided Mexican land grant.

Most people have never heard of Rancho Guejito, in northern San Diego County. Few have seen it. Shielded from view by ridgelines, with only one road leading to a locked gate and a security guard, the ranch is a time capsule from 1845, when Mexico’s California governor awarded the core of it to San Diego’s customs inspector.

Since then, a series of wealthy men ran cattle and used Rancho Guejito (pronounced Weh-HEE-toh) as a private playground. Coates was the last. It was the jewel of a billion-dollar-plus fortune the 86-year-old aristocrat planned to pass down to generations of heirs with instructions that it never be developed.

“No American family lasts. In Europe they still do but the times are against families lasting out,” Coates wrote to an acquaintance. “I do not want my life’s work to be dispersed. It is organized to go on and I want it to go on.”

Then, in 2004, he died. Soon, neighbors in Valley Center, a once-rural enclave tilting toward suburbia, noticed surveyors around the land. An attorney for Coates’ daughter floated vague development ideas.

The mere suggestion that any part of Rancho Guejito could be paved over has mobilized environmentalists.

Bill Horn, a San Diego County supervisor and property rights advocate, is no environmentalist. But he feels betrayed. For years, he worked to keep government regulators off Coates’ back. Now, Horn believes the government needs to buy Rancho Guejito.

“This place is like a little Shangri-La that everyone forgot about,” he said.

Whether one of the most ecologically valuable swaths of private land in California remains that way is anything but certain.

At the center of the drama is Coates’ daughter, Theodate, a 60-year-old New York artist who controls her father’s empire. Some suspect the recent talk about development is part of a broader scheme to get around proposed county zoning changes and other government regulations that would undercut the ranch’s value. Then it could be sold to the state for preservation at a higher price.

Hank Rupp, the attorney who represented Benjamin Coates for two decades and now speaks for Theodate, denies that that’s the strategy — although he won’t shut the door on the possibility.

“Let me cut through the cat-and-mouse stuff and give it to you straight,” he said. “We’re absolutely not interested in selling it to the state in the foreseeable future.”

Rupp won’t say how far into the future he can see. Nor will he elaborate on the development proposals. But he has approached Escondido city officials to explore whether the ranch can be annexed to remove it from county oversight.

If Escondido won’t, maybe San Diego will, he says.

On another front is an acrimonious legal battle in which the great-grandson of legendary Texas oil tycoon H.L. Hunt contends that he, not Theodate, is the rightful manager of Coates’ estate.

Al Hill III says Coates, a longtime family friend, didn’t think his daughter or son was up to the job. Hill contends that Coates all but adopted him and was finalizing a deal that would have put him in control. The only problem: He didn’t get around to signing the papers.

Such public skirmishes would have angered Coates, an intensely private man accustomed to giving orders and getting what he wanted, a steely entrepreneur who relinquished his U.S. citizenship so he could move his holdings overseas and avoid taxes.

“When you went to see Mr. Coates, you listened and he talked,” said rancher Willie Tellam, who ran cattle on Rancho Guejito for decades. “That’s why we got along. He lived quite a life, and I heard the same stories over and over again.”

Tellam, 75, is among the few locals who got to know Coates, who would visit several times a year and survey his land on horseback wearing English riding clothes.

“Like a lot of rich guys, their word was the law,” Tellam said. “I think Mr. Coates thought he was going to live forever.”

*

RANCHO Guejito was off the beaten path even by the standards of early California. It was far from the traditional travel routes of the Mission era.

This isolation has engendered a mystique common to veiled places. It’s a mystique that has grown with California’s population and the division or disappearance of hundreds of Spanish and Mexican land grants.

Those lucky enough to get an invitation — or bold enough to trespass — say Rancho Guejito lives up to the legend.

“It was a very emotional journey for me that first time,” said Bob Lerner, a San Diego County historian who was a guest several times. “I felt like I was being transported back to when California was part of Mexico. Nothing had changed.”

A request to tour the ranch for this story was denied. Seen from the air, Rancho Guejito is a startling contrast to the jumble of housing tracts and commercial strips that inch closer with each year. That one man owned this much of Southern California — a spread five times the size of Griffith Park — is nearly unimaginable.

The 8,000-square-foot hacienda-style home Coates built is on a ridge at the ranch’s southern end. Its U-shaped courtyard and swimming pool overlook the property — a dozen miles long, 3 across.

A broad mesa stretches north flanked by two pine-studded valleys that converge in a vast meadow fed by Guejito Creek and its numerous tributaries. Cows munch grass that is 2 feet high in places. Everywhere are stands of Engelmann oaks. Over the lush hills are more mesas, valleys and creeks. A maze of rugged mountains anchors the ranch’s northern end.

The property’s catalog of riches include Indian archeological sites, bobcats, coyotes, wild turkeys, mountain lions, and 16 types of raptor.

In the early 1970s, the state nearly bought it all for use as a park. Coates, who already owned a Hemet ranch that once belonged to John Wayne, scooped it up for about $10 million.

Over the years, he fought attempts to take parts of it for a reservoir and an airport but rejected offers to sell it for preservation.

Land was in Coates’ blood. In the 1680s, his Quaker ancestors were among the settlers of Pennsylvania, established under the King of England’s royal charter.

Coates prospered in a variety of businesses — shipping, oil wildcatting and furniture among them. But land is what stirred his passion.

He sold a thoroughbred that won a major French race to buy a 23,000-acre spread in Scotland. Wanting to watch the America’s Cup yacht race off Newport, R.I., Coates is said to have bought a seaside estate — then sold it after the race. When he couldn’t find a suitable penthouse in Manhattan, he financed an apartment building on the Upper East Side and took the top for himself.

Coates, solidly built with a broad forehead and square jaw, was a man of the world. He was a decorated Navy pilot who hunted Nazi submarines in the Atlantic between Brazil and Africa. His friends were royalty — the Bismarcks of Germany and Japanese Prince Fumitaka Konoe, whom he met in college at Princeton.

With a passport from Belize, he moved between homes in Europe, the United States and Japan. For a time, he owned the world’s fourth-largest yacht and docked it in the French Riviera.

“As long as I had her I was king,” Coates wrote in a letter. “When I let her go, I was never king again.”

In 1960s, Coates began transferring his holdings to a complex web of foreign companies, many of them in Liberia. Rancho Guejito is managed from Colorado Springs, Colo., New Jersey and New York and is owned by a Netherlands Antilles company that, in turn, is owned by a trust in Liechtenstein.

But Coates wasn’t a nouveau riche jet-setter. Money was as natural as the rising sun. He was born with it, married into it (Nancy Coates inherited her own fortune) and made far more through entrepreneurship. Coates believed such wealth should be nurtured and passed on. A student of history, he also recognized money’s dark side.

“Almost in the entire history of the world great wealth has been highly associated with disaster, tragedy and unhappiness,” Coates wrote.

*

COATES possessed Old World sensibilities that shaped his views on issues from global politics to family affairs. He could be dismissive of women, those who know him said. He didn’t think much of most men either.

“There are very few men that I have great respect for now,” Coates wrote to Gov. Arnold Schwarzenegger a few months before he died. “Greatness is a passing phenomenon…. When I see you on the television, I am convinced you have the strength that we are so lacking now.”

The letter is similar to others Coates wrote late in life, rambling autobiographical narratives that depict a man of the past intent on controlling the future.

The Liechtenstein trust Coates created in 1986 was the vehicle to accomplish that. Coates named his son, Ben Jr. — listed as vice president of Coates Bros. Co. Inc. on the father’s letterhead — to become principal trustee upon his death. Theodate Coates isn’t mentioned in the document.

But something happened that changed Benjamin Coates’ mind. He had a falling out with his son — no one familiar with the details will say why.

“I just don’t think they saw things eye to eye … on making a profit, on doing what you’re supposed to do, on working a job regularly,” said Matthew Dowling, an Oklahoma City attorney who once represented the younger Coates. “Things that a man would expect from his son.”

So Coates went looking for a man he could groom for the job.

Coates came to know the Hill family of Texas in the early 1960s after he got into the oil business and bought a home in the blueblood River Oaks neighborhood of Houston.

Al Hill married heiress Margaret Hunt, the first of H.L. Hunt’s 14 children from three families, two of which he kept secret for years. The Hunts and Hills were Texas royalty and embodied qualities Coates admired: generational wealth built by shrewd, self-reliant risk-takers.

Hill’s 36-year-old grandson, Al Hill III, is a Dallas investor and socialite who married a former Miss Georgia. Hill was 18 when he met Coates.

How the aging billionaire came to consider Hill worthy of managing his holdings — and passing this responsibility to Hill’s male heirs — is spelled out in Hill’s lawsuit against Theodate Coates, filed in a New York court. (A separate action was filed this week in a Liechtenstein court.)

“I believe it was the second time I met Al III that I realized the marvelous presence the boy presented,” Coates wrote to a lawyer representing the Hill family.

Documents cited in the suit show that Coates told business advisors and attorneys to create a company overseeing a new Cayman Islands trust that Hill would be paid handsomely to manage. Theodate was to play a secondary role, the documents show.

Hill’s role, Coates wrote, would be “overlooking what women cannot necessarily do properly — lawyers, employees, etc. … Nobody would have ever given me the chance that I am suggesting for Al III.”

Hill says he and Coates made an oral agreement for Hill to begin managing the Liechtenstein trust and oversee its transfer to the Caribbean. Coates told his attorney to provide “strong incentives” to prevent his children from challenging the new trust, according to a memo between the two.

Hill wants the courts to hand him the keys to Coates’ empire and assess monetary damages against Theodate.

“He’s rolling over in his grave right now over how it’s being handled,” Hill said. “He became like a grandfather to me. And I became like a son to him.”

Hill was a pallbearer at Coates’ funeral. Ben Coates Jr. didn’t attend.

Attempts to reach the younger Coates, 57, were unsuccessful. He carried driver’s licenses from Brazil and the Bahamas when he was arrested in 2002 after a confrontation at a Colorado Springs office from which Rancho Guejito’s accounting is done.

Witnesses reported that Coates burst in screaming about forest fires, suing President Bush and how the Irish Republican Army had killed his wife. He had to be subdued by police. Eventually, charges of disorderly conduct and resisting arrest were dismissed.

Rupp, the Coates family attorney, won’t discuss the younger Coates. And Theodate Coates doesn’t grant interviews, he said.

Rupp is the public face of Rancho Guejito. A former Riverside County prosecutor, he seems to enjoy upsetting adversaries. Rupp left conservationists aghast when he recently proclaimed, “There isn’t enough money in the state treasury to buy Rancho Guejito.”

Rupp is an indoorsman who finds the ranch’s wildness unnerving. “When you go out there, you want to strap on a sidearm,” he said. “I don’t get out of my car. Things sneak up on you there…. There’s a rumor that there’s a jaguar.”

Equally predatory, Rupp says, is Hill’s attempt to wrest control of Rancho Guejito and the rest of Benjamin Coates’ holdings.

Hill says he is simply trying to fulfill the wishes of his mentor.

“You’ve got to be kidding!” Rupp said, erupting into laughter and slapping his hand on a table.

Lawyers for Theodate Coates argue that even if her father had signed the new trust documents, it wouldn’t have been legal because the original was to last 100 years and is irrevocable. Hill’s purported oral agreement with Coates is unenforceable in New York, they argue, and filing a claim in Liechtenstein is irrelevant because, well, this isn’t Liechtenstein.

“Mr. Coates only had trust in his daughter. He had trust in Theodate’s business acumen, integrity and abilities. That’s the way he left it — intentionally,” Rupp said. “He basically flirted with the idea of other business [arrangements] but never was serious about any of them.”

The detailed memos and draft documents indicate far more than flirtation. Coates, who spent his final years working through the complicated personal and legal issues of his legacy, may have simply run out of time.

“My father’s inability to finalize his thinking and put pen to paper,” Theodate Coates wrote in a letter to Hill’s father before the dispute wound up in court, “has made things more complicated for us than we all would wish.”

And his desire to keep Rancho Guejito from becoming “mixed up with money,” as he wrote, now seems as fanciful as this unique expanse of Old California that few have ever seen.

*


mike.anton@latimes.com

*

On latimes.com

Aerial view

For a flyover view of Rancho Guejito, go to latimes.com/rancho

Posted by M at 19:57:45 | Permalink | No Comments »