Thursday, June 08, 2006
Coastal Commission alerts HMB to problems with Foothill Bypass
Although there has been no formal proposal to build the Foothill Bypass yet, the California Coastal Commission is already making it clear that the environmental challenge may be too great to overcome.
Chris Kern, Coastal Program Manager for the North Central Coast District, has written a strongly-worded letter to Half Moon Bay City Manager Debra Auker, writing in response to an article in the June 6 issue of the County Times. Click the link below for the full text of the letter, but the key paragraph is:
John [sic] Gardner is quoted in the article as stating: “You could route a two-lane bypass through and around those wetlands and then come up with a mitigation plan that would be embraced by the Coastal Commission.” This is incorrect. In accordance with the foregoing discussion, we would not support construction of a new roadway through wetlands because that would be prohibited under the Coastal Act and the City’s LCP.
Mike Ferreira says that the $150 million estimate attributed to him in the County Times article is for the four-lane version of the bypass from Young Avenue to Main Street: “Charlie’s estimate of $40 million for the two underpass version is probably low-end-accurate assuming minimal specifications.”
June 6, 2006
Debra Auker
Half Moon Bay City Manager
City Hall
501 Main Street
Half Moon Bay, CA 94019
SUBJECT: Foothill Boulevard and LCP Wetland Protection Policies
Dear Ms. Auker:
This letter is in response to an article in today’s San Mateo County Times regarding the construction of Foothill Boulevard. Commission staff is not aware of and has not reviewed any actual plans or related environmental impact analysis for this project. As such, the following comments are limited only to the issue presented in the news story concerning wetland impacts of the project and the wetland protection policies of the Half Moon Bay Local Coastal Program (LCP). Of course, any coastal development permit application for this project would need to consider all issues under the LCP, such as other sensitive habitats, traffic and circulation, visual resources, alternatives, etc.
Coastal Act Section 30233 specifies that wetlands may be filled only: (1) when there is no less environmentally damaging feasible alternative, (2) where feasible mitigation measures are provided to minimize adverse environmental effects, and (3) only for eight specifically enumerated types of development. Neither the construction of new roads nor the expansion of existing roads is identified as a type of development that may be permitted in wetlands under Section 30233. Any type of development that is not specifically identified in Section 30233 as allowable may not be permitted in a wetland no matter what mitigation measures are offered. In other words, the wetland fill prohibition under the Coastal Act may not be overridden by providing mitigation. In Half Moon Bay, Section 30233 is carried out by the LCP wetland and sensitive habitat policies, which also prohibit the construction of new roadways in wetlands and other sensitive habitat areas.
The application of the Coastal Act’s wetland fill prohibition is well established through years of regulatory actions by the Coastal Commission and local governments with certified LCPs and has been upheld by the state’s courts (e.g., Bolsa Chica Land Trust v. Superior Court (1999) 83 Cal.Rptr. 850.).
John Gardner is quoted in the article as stating: “You could route a two-lane bypass through and around those wetlands and then come up with a mitigation plan that would be embraced by the Coastal Commission.” This is incorrect. In accordance with the foregoing discussion, we would not support construction of a new roadway through wetlands because that would be prohibited under the Coastal Act and the City’s LCP.
I hope that these comments clarify the Commission staff’s position concerning this project, but please feel free to contact me if you wish to discuss this matter further.
Sincerely,
Chris Kern
Coastal Program Manager
North Central Coast District
cc: Jack Leibster, Planning Director
Comments
Barry,
Good Question: … “Why is anyone promoting a $40,000,000 bypass…?” You asked this question a couple of times without an answer – this time, I’ll try to suggest an answer.
I received a copy of the CCF proposal by email with the subject: “Wavecrest II”. I thought it was a ‘May Day’ joke.
In a “Mr. Gardner voted No before he voted Yes” moment back on 13Oct05 Mr. Gardner said of the new school “if it isn’t funded – it isn’t a project!” So why doesn’t he apply that to Foothill? Maybe I need to connect a few of the dots to suggest a possible answer.
Wavecrest was a project like a Charlie Brown’s Christmas Tree with environmental problems. Some sympathetic ornaments were hung from it to make it more palatable: a new school site, the Boys and Girls Club, a park, etc.
A bit over four years ago, March 2002, a parcel tax went down also with 61.7% of the vote. The parcel tax had a vague “Maintaining transportation services” as one of the 9 items identified for funding [yes, I archive everything].
Following that the School Board decide to cancel School Bussing deciding to maintain the pay structure of the teachers union versus dropping school bussing. Average teacher pay increased: 2000-01 +12.3%, 2001-02 +5.7%, 2002-03 +2.2%.
School Bussing was roughly 1.25% of the budget. Teacher pay [excluding benefits] was a bit over 50%.
Some claimed cutting school bussing was in retribution for not passing the Parcel Tax. School bussing represented $25 of the parcel tax.
And the effect of cutting school bussing on the traffic backup was correctly predicted.
http://hmbreview.com/articles/2002/05/08/may8/news01.txt
And the same problems that Cherri Parr documented recently was true when the school year began at the High School in 2002
http://hmbreview.com/articles/2002/09/11/export10154.txt
Mr. Garner (Jun 09, 06): “Dwight Wilson is spearheading a collaborative effort along with Cheri Parr and Samtrans to develop a comprehensive transportaion (sic) plan which the Board is very interested in.”
August 07, 2002
“CUSD Trustee Dwight Wilson, who said two weeks ago that it looked like there would be a way to establish limited busing for Cunha, said that, in the end, administrators just weren't able to consolidate all of the complex and varied school and bus schedules.”
http://hmbreview.com/articles/2002/08/07/export21142.txt
This is the same guy Charlie wants us to rely on to solve the school transportation problem!
Did Charlie say that Dwight is working on the problem – or STILL working on it after nearly four years?
The three School board seats up this November: Dwight Wilson, Jolanda Schreurs and Roy Salume in 2002 all drank the kool-aid and pledged undying support of the Wavecrest project and No School Bussing.
Mr. Charles Gardner took the pledge in his run for 2004.
8Dec05: I urged CUSD on the upcoming parcel tax to preclude moving the new school location move or withdrawing from Federal funding
Fri 24-Mar-06 CCF web site registered.
Fri 24-Mar-06 Devil’s Slide starts to slide on way to closures
Wed 29-Mar-06 Review Published: Cunha teachers letter against NCLB
Coastsider.Com: May 02, 06
‘As its first action, the PAC was endorsing Measure S, the school parcel tax. “We were going to wait until after the parcel tax election to avoid confusing the issue, but we went ahead of schedule because of the Devil’s Slide closure.” Transportation is a key element of the organizations’ mission.’
Is it a coincidence that HS school bussing was excluded in the emergency School Bussing – congestion at the High School only serves to bolster an argument for CCF’s Foothill proposal?
Next Step:
Get the newly politically reshaped HMB City Council to embrace the CCF proposal – not as a real by-pass but as a means to open up development agreements and leave the public with a debt for something that won’t benefit the public. They will probably try to approve ‘segments’ of Foothill Blvd while the Coastal Commission ‘reviews’ the entire Foothill Blvd.
As the old line goes: ‘follow the money’. Can the School Board successfully run for control again this fall without someone financing their election? Who financed it last time? Who were the main contributors behind the City Council election? And just where did that $50,000 to the ‘Yes on Measure S’ campaign come from in the Parcel Tax election?
All that land locked property can’t be developed without a new road. The road can’t be built without something more sympathetic: Boys’ and Girls’ Club; traffic backed up at the High School – no bussing, traffic congestion – wall lets link it to Foothill Blvd.; connect it to a park and moving a new school up there would really help!
Barry: Good Question on CFF.
I guess it is Wavecrest II! What’s not to like?
Ken Johnson
CCF should advocate usefully; if Mary Bordi is CCF, then the shoe fits.
Ms. Bordi, speaking as an individual, sidesteps CCF’s advocacy position with talk about education and future meetings, and considering “public policy issues in an educational manner.” However, what we have to go on is what appears on its website, and the posts of its officers on Coastsider.com.
The thrust of CCF’s website, at least presently, is dedicated to the proposition that the intersection at 1 and 92 is a bottleneck, and that the closure of Devil’s Slide only goes to prove it. If you accept this assumption, then you are ready for the rest of the pitch. But there is counter evidence that people are moving through town during peak in seven minutes or less, and that the “bottleneck” is really north of downtown above Frenchman’s Creek. There are many posts under other articles on this site as well as the Midcoast List supporting this. The closure of school has significantly lightened the flow, and Devil’s Slide will open again in some months returning us to normal.
So a downtown bypass with its attendant costs is not demonstrated as needed. Plenty has already been said regarding the problems with Foothill above and under “Fear of Foothill,” and in Mike Ferreira’s three opinions, “The Foothill Bypass,” appearing on Coastsider.com a few weeks ago. CCF has not squarely addressed, let alone rebutted, these points, but continues to present its one-sided set of arguments on its site.
If CCF wants to educate the public, and not appear to indoctrinate or favor special interests, than it should post the kind of information Mr. Ferreira has already made available here. And many of us are still waiting for someone from CCF to respond to the obvious question about why it does not support school busing to help lighten traffic, let alone as a responsible act of community?
There’s that word again, community. Not ken king’s idea, really; others promoted it long before me.
ken king
There was once a happy-go-lucky pair of cowbirds who enjoyed life to the max. It came to their attention that they were about to have a lifestyle setback due to a trick of nature. Thinking unselfishly, they decided to forego the pleasures of parenting so that someone else might enjoy that blessing. So they flew over the hill and left their progeny in a warbler’s nest.
These warblers were dedicated parents and provided a safe home and lots of loving attention. As Roy grew, he became curious about why his parents lived in such an inconvenient place off the beaten track of more bustling habitat he knew lay over the hill. The warblers kept up a frantic pace trying to feed Roy while answering all of his questions. He thought the nest should at least be out on the top of the tree rather than recessed so far in that it was dark and damp, but his parents explained it was to keep safe and out of sight from the ravens who might eat him. Roy didn’t believe this was the real reason and thought that his parents were just too cheap to get a new place.
Meanwhile the warblers became anemic keeping Roy in bugs. He grew to twice their size, but his appetite only grew along with him. Because they could barely keep up with him, he complained that they were selfish and only cared about themselves. Since he was as free as a bird, he felt it his right to freely complain.
Spring turned to summer and Roy stuck close to the warblers because, while they were a drag, he could easily get fed by squawking and ruffling his feathers. The other birds in the neighborhood thought that the warblers were spoiling their kid, but just shook their heads and didn’t say anything.
Like all good parents, the warblers worried about Roy and wondered if he was going to catch on or not. It was clear to everyone else that he never would. When they finally broached the subject of migration, Roy predictably disagreed with them and said he wasn’t going to do anything that stupid. And he didn’t, but it wasn’t a huge problem because cowbirds don’t migrate.
In the end, Roy flew over the hill where the other cowbirds congregate and soon forgot the straightened circumstances of his impoverished upbringing. The cowbird crowd had a full life with lots of fun and activities. Roy had found his niche.
Moral--choose one:
When facts and logic don’t make any impression, there is always avoidance.
Or, if you are a cowbird, go where the cowbirds hang out.
ken king
Mr. Gardner,
School “Board is committed to address [school bussing].” [Jun 15, 06 | 2:35 pm]
OH, really!
While on the School Board, you had the following options:
1) Option 1: Measure S with School Bussing – Charlie Rejected it!
“Personally, I think including busing in the measure would have made the difference. Before the measure was drafted, I pleaded with some board members to include busing, and recommended a $195 annual parcel tax to include it. That was rebuffed.”
[posted by Dean Skelton on Jun 10, 06 | 4:12 pm. [He did the Measure S web site.]
http://coastsider.com/comments?id=1540010C
2) Option 2: Measure with School Bussing as a separate item – Charlie Rejected it!
[The following comment was posted by John Lynch on Mar 07, 06 | 1:03 pm]
http://coastsider.com/comments/1209010C/
“I spoke at the March 2nd school board meeting in favor of the parcel tax measure. But with a caveat. At that time they were considering a $45 school bus proposal plus $150 for school improvements all tied within the same ballot measure.
My position was that each parcel tax should stand on its own. Why? Because the school bus parcel tax would be a “slam dunk” and would carry the school improvement measure on its “back” so both would be passed by the voters.
Imagine my chagrin when, at special school board meeting on Monday, March 6th, there was NARY a mention of the any of the parcel tax going towards the return of school bus transportation.
Was I and the people duped? I don’t know. But what I do know is that I am in a quandary and my feeling are in flux.”
3) Option 3: School Bussing on the November ballot -- Charlie Rejected it!
At the 8 June 06 School Board Meeting, I addressed the School Board to see if the bored were willing to work on “An Alternative Parcel Tax Measure” brought from the public. Only Mr. John Moseley, to his credit, expressed a willingness to listen to members of the public on the issue.
4) Option 4: Blue Smoke and Mirrors – Charlie’s option!
The following comment was posted by Charlie Gardner on Jun 09, 06 | 9:42 pm
“What I did say is that it is my understanding Dwight Wilson [former School Board President and current member] is spearheading a collaborative effort along with Cheri Parr and Samtrans to develop a comprehensive transportaion (sic) plan which the Board is very interested in.”
After four years, Dwight Wilson hasn’t done the job -- I wouldn’t rely on him too much!
[The following comment was posted by Barry Parr on Jun 10, 06 | 2:05 pm]
“There’s no question school traffic is big part of our morning commute. The school board has paid lip service to solving the problem by putting $12,500 into a study of transportation issues. But it has said clearly and consistently that it has no intention of resuming bus service.”
5) What you [Charlie Gardner] actually did:
- opposed every long term School Bussing alternative
- provided very limited School Bussing during road closure – but excluded the High School.
- CCF proposal held out a proposed exit from High School to the proposed residential roadway Foothill Blvd -- an inducement for support.
- CCF web site registration and the start of the slide at Devil’s Slide happened on the same day!
I wonder if the many people who wrote in other posts complaining about their wait at the High School to drop off their children may concluded that their exacerbated wait may just not be a coincidence. I suggest you might considering adopting a less ‘aggressive argument style’ than I found from you after the school board meeting. I blew it off! No harm – no foul. Arguing accomplishes nothing – discussion can be beneficial.
But I do recommend a different ‘fallback style’ when dealing with a couple of the mothers who someday may want to ‘discuss’ with you their ‘induced inconvenience’ while they were queued to drop off their children at the High School.
Ken Johnson
Hi Mike F,
First, I would readily acknowledge that the moderator of this website, Barry Parr, thinks you have best summarized the Foothill situation...(after scores or hundreds of comments on this subject, more than any other topic on coastsider)
I would like to offer the following...
MIKE----I am going to try to condense your 3 part series to a summary, so please bear with me and please offer your interpretation and corrections to my comments. I value your experience and am trying to understand your position. You have a lot of experience (and I notice that this community is NOT in real good shape today for whatever reasons), but I do not necessarily blame you, but I DO notice the Horrible plight of our coastside today on all matters of infrastucture during your service.
Your first series on Foothill indicates to me that you feel that with Foothill there will be more cars, a conga line, and no improvement....I offer that without Foothill, we will have more cars going through a soda straw at 92 and Main for the indefinite future, with NO possiblility for alternative paths FOREVER...since your recommendation closes future options for bypasses...
Your second series advances an environmental and legal argument that because of wetlands, and a threat to traffic through Cypress Cove, Foothill should not be built...Consider the alternatives..Wetlands as currently defined by HMB LCP may doom all traffic alternatives (see Yamagiwa decision at www.coastsidecommunityfirst.org ). Cypress Cove folk, please offer what you feel, rather than be characterized by a former council member, Is Foothill our last, best hope out of this dilemma?
Your third series asserts that a cost of, perhaps, your number---$150M, is prohibitive...Could we seek real numbers, and try to get a joint agreement from ALL developers directly affected by a Foothill proposal? Perhaps developers could work together for our common good, RATHER than have you, or our city, pit one developer against another...
Maybe all of coastsiders could even eliminate lawsuits against us, IF we worked together for a change for a common good? Maybe if we citizens worked together, we could even craft a better deal for all inhabitants (citizens, schools, boys and girls clubs, parks, etc) on the coastside?
best,
terry gossett
Sundown Farms was a large, industrial chicken ranch. Almost everything was mechanized, except the egg laying itself—they needed chickens for that. And there were some roosters for helping propagate more chickens. This, in fact, was one of the plumb jobs in this concern.
One rooster in particular really liked the way Sundown Farms was run. His name was Tercel. He liked the long, neat rows of metal cages, and seeing everything happen on a timely basis. Meals were served individually and nobody had to worry about where the next one came from, it just came. And his job, when called on to do it, was plain fun. He knew it was important to love your work, and he did.
When he wasn’t on duty, he walked around ordering the chickens to pay attention and work hard laying those eggs. If a chicken stopped laying eggs, there was a place they had to queue up to go on to the next productive phase of their lives. When that happened, Tercel was there admonishing them to line up neatly, maintain a proper decorum, not be too noisy, and, above all else, to be civil. Tercel thought civility was important.
There came a day when Tercel himself began to fade. His morning crowing began coming later and later as he slept in. When he did call, it sounded weak and reedy. And he lost interest in his primary work, which attracted attention he didn’t need. The ax probably wasn’t far away, but one of the humans had a sentimental spot for Tercel, so took him home to his own little ranch.
The new environs sported free-range chickens. It was terribly small in comparison to where Tercel had been, and instead of neat rows of metal cages, it only had one wooden shed in which all the chickens slept at night. At first Tercel’s pride was hurt by this obvious step down, but then he decided to make the best of it and get these new chickens shaped up. To that end he mustered one of his more portentous calls and trumpeted his presence. Most of the fowl failed to notice, however.
Frequently the chickens would spat about some trivial thing, and Tercel would strut over and tell them to knock it off and be civil. If he thought they were bantering too much, or on a topic he considered unimportant, he’d try to redirect the conversation. They usually ignored him—they were free-range chickens after all, meaning that they considered themselves free to do whatever they wanted.
Tercel usually extolled the virtues of Sundown Farms and did everything in his capacity to alter their ways, but to no avail. Fortunately for Tercel, he so intent on delivering his message that he failed to notice that they considered him completely irrelevant. So it didn’t hurt his feelings at all.
Moral—choose one:
It’s better to ignore nonsense than return to industrial-scale ranching.
What you don’t know may not hurt you, but if you did know it, that’s a bird of another color.
Kern's admonition shouldn't dampen the ardor of our Foothill boosters who, like the cargo cults before them, don't need no stinkin' evidence that they are pursuing a recurring dream, one that, if ever realized, would turn into a coastside nightmare. (Does CCF stand for "cargo cult foolishness?")
ken king