Environmental groups outline why they oppose AB1991


Eighteen environmental groups sent the following letter to the committee considering AB1991, the Beachwood settlement bill. It outlines the principal arguments against the bill and answers the city’s most recent arguments in its favor.

April 24, 2008
The Honorable Anna Caballero
Chair, Assembly Local Government Committee
1 020 N Street, Room 157
Sacramento, CA 95814

RE: AB 1991 (Mullin) - OPPOSE

Dear Assemblywoman Caballero and Members of the Committee:

The undersigned organizations strongly oppose AB 1991 (Mullin) and urge that the bill be held in committee. AB 1991 puts the Legislature in the indefensible position of exempting two parcels in Half Moon Bay, totaling 36 acres, from every applicable environmental protection law, including the California Environmental Quality Act, the Coastal Act, the Porter-Cologne Water Quality Act, and applicable provisions of the Fish and Game Code. It even declares, in Alice in Wonderland fashion, that the parcels in Half Moon Bay are not in the coastal zone.

We are not indifferent to the situation the city of Half Moon Bay finds itself in, even though it was of its own doing. Nor is our opposition to AB 1991 based on opposition to development of the parcels. In fact, the continuing opportunity to develop the site is the very reason why the city’s claims of financial calamity are unfounded and why AB 1991 is not needed.
We oppose AB 1991 first because there is no justifiable reason why these two parcels—which are in the coastal zone, contain wetlands, and will likely have water quality and habitat impacts when developed—should be exempted from all environmental laws. And much more importantly, enactment of AB 1991 will set a powerful precedent for developers and cities to come to the legislature and seek similar exemptions for what they claim are similar hardships.

The city takes a reductionist approach and seeks to clear the field of all discussion except for the unalterable fact that it now faces only two options: either enact AB 1991 or pay the $18 million settlement. It asks the Legislature to ignore troublesome facts, including:

  • The Court of Appeal has upheld the city’s denial of a development permit due to its impact on wetlands
  • The development permit approved by the Coastal Commission was for 19 lots, not the 83 originally proposed by the developer
  • The settlement allows an even larger 129-lot development, regardless of its environmental impacts
  • The city chose not to appeal the district court’s judgment even though the Attorney General found the city had a strong basis for appeal and the judge has a well-known and dubious record of having his decisions overturned on appeal.

But most glaringly, it has mischaracterized the options it faces. The settlement agreement makes it clear that if the city pays the settlement, it then owns the land. At that point the city would certainly sell the land, presumably to a developer, who will work with the city to take the project through the environmental review process that AB 1991 would obliterate. While there is no way to know exactly how much of its $18 million cost the city would recoup from the sale of the parcels, it is reasonable to conclude that the sale would substantially reduce, and perhaps eliminate, the net cost to the city. In short, the city does not face the dire financial circumstances it claims. Other fund sources may become available as well to further reduce the city’s net obligation, but those opportunities will only emerge if AB 1991 is taken off the table as an option.

Finally, we wish to respond to the argument that AB 1991 is narrowly crafted with the express intent of making it clear that it should not be seen as a precedent. We believe the attempt is sincere, but ultimately it is hollow. Bluntly put, it means nothing. Precedent is the province of the courts, and while judges and litigants may be bound by precedent, legislators and special interests certainly are not. If AB 1991 is enacted, it will set a precedent, and the Legislature will be asked a second time to take into account another small city’s desperate situation, which will be portrayed as at least as dire as that faced by Half Moon Bay. And the decision to deny that city will be just as difficult as this one. If AB 1991 is not rejected, we doubt the next request will be, either.

Californians should not be asked to reject the rule of law and ignore the state’s most basic environmental laws to bailout a city and its bad decisions, especially when the city has the ability to recoup most if not all of its short-term financial obligation. That’s a very bad and unnecessary trade-off for the people of California, and we urge you to reject it by voting NO on AB 1991.

Click below for signature list

 

...there's more after the jump.

Page 1 of 1 pages

Click here to post your own letter to Coastsider.

Poetry Night at HMB Library, Fri, Sept 10

Letter by Joe Toschik on Wed, Sep 1 at 07:41 pm • 0 comments; click to add your own

Everyone is invited to a night of poetry at Half Moon Bay Library on Friday, September 10th at 7:00PM.  Join us as we celebrate the participants in our 13th annual Teen Poetry Contest.

Read more...

A ballot measure to increase HMB sales tax?

Letter by Bob Poole on Mon, Aug 30 at 01:43 pm • 4 comments; click to add your own

What insanity is this? Raise the sales tax by 1% and drive even more shoppers over the hill. I think that this will kill Main Street shopping for good. Rather than save Half Moon Bay from bankruptcy, I expect it will create a ghost town. Just my opinion.

Read more...

Pacifica DUI checkpoint

Letter by Tim Payne on Fri, Aug 27 at 10:50 pm • 3 comments; click to add your own

I want to start by saying that I think DUI checkpoints are great. They remove dangerous elements from our roadways. What I didn’t like today was being asked to show my drivers license at one tonight.

Under normal circumstances if I commit an infraction and get pulled over I fully understand why I would have to show my papers to an officer in the course of being ticketed. Tonight I was asked to show my papers just because I was on the road. It irked me. I wanted to know if this was legal and

Read more...

African Hybrid Cat (Savannah) Roaming in Montara

Letter by Margot Lowry on Mon, Aug 23 at 09:14 am • 3 comments; click to add your own

In the past month my housecat has been severely sliced up twice.  I wondered if a bobcat and he now had overlapping territories.  Then yesterday afternoon I found this hybrid cat, (I believe it is a Savannah cat which is a hybrid between a Serval and a housecat) just outside my front door. 

The cat has a blue collar with a bell attached.  No normal cat could stand a chance against him.  Triple check your chicken enclosures and do not leave windows open.  I read in Coastsider someone in

Read more...

Earlier letters

...Looking for something even earlier? Try our letter archives.
Get Coastside alerts from Fire Dispatch on Coastsider's Twitter feed...

A Zen Gift
All About Me Retreats
AM 1710 Neighborhood Radio, Half Moon Bay
Annette Merriman, Alain Pinel Realtors
Center for Personal Growth
Coastside Children’s Programs
Coastside Horse Council
Coastside Net, Half Moon Bay
Coastside Pediatrics, Half Moon Bay
Coastside Stuff, T-shirts & apparel, Half Moon Bay
COGL Communications, El Granada
Colquhoun Glass Works, El Granada
Custom Cabinet Refacing, Half Moon Bay
Darin Boville, Montara
Del Mar Properties
EJ Services, Espresso Machine Repair, Pacifica
Ellen Silva Creative Services, El Granada
Gruber Construction
Harbor Vista, vacation home, Half Moon bay
HMB Library, Half Moon Bay
KCD Construction, Half Moon Bay
Marian Bennett, Coldwell Banker, Half Moon Bay
Michael & Kathy Rain, Coastal Real Estate, Montara
Montara Beach Coalition
Montara Dog Blog
Montara.com, Montara
Moonside Bakery and Cafe, Half Moon
Next Step English, Half Moon Bay
Pacifica Gardens, Pacifica
Pacifica Riptide, Pacifica
Patricia McKowen Consulting, Half Moon Bay
Pillar Ridge Manufactured Home Community, Moss Beach
Pragmatos
Pt. Montara Lighthouse Hostel, Montara
Regan Daniels, Photographer
Robertson, Bell & Fisher, Coldwell Banker, Half Moon Bay
Rubber Nation Crafts, Half Moon Bay
San Gregorio Store, San Gregorio
San Mateo - SF Counties Cooperative Extension
San Mateo County Resource Conservation District
Spring Mountain Gallery, Half Moon Bay
Sustainable San Mateo County
The Coast Road
Weddings by the Sea, Half Moon Bay
Wendy Pine Florals, Floral Design, Half Moon Bay
Wild Bay Area Photography

Get your website listed here....
Thu, Aug 26
Wed, Aug 25
Mon, Aug 23
Fri, Aug 20
Thu, Aug 19
Wed, Aug 18
Mon, Aug 16
Sat, Aug 14
Fri, Aug 13
Wed, Aug 11
Tue, Aug 10
Mon, Aug 9
Sat, Aug 7
Fri, Aug 6
Wed, Aug 4
Tue, Aug 3
Mon, Aug 2
Sun, Aug 1
...Looking for something even earlier? Try Coastsider's monthly archives.