Wednesday, April 30, 2008
Local Government Committee passes AB1991—next stop: Appropriations Committee
Montara Fog
Montara Fog now has videos of the hearing. Click the picture to watch them.
Correction: an earlier version of this story said it was headed to the Assembly floor.
By a vote of 4-to-2 the Assembly Local Government committee has voted to pass AB 1991 out of committee. It now heads to the appropriations Committee, according to the Assembly member Gene Mullin’s office.
Comments
Some observations from the video:
Mayor Bonnie McClung claimed to be an "environmentalist" and in the same breath claimed that AB 1991 "will not undermine environmental laws." Oh I get it, by "exempting" Beachwood/Glencree from all state environmental laws they are not actually "undermining" those laws. Dear Madam Mayor, please check in with reality.
Vice Mayor John Muller claimed that Beachwood/Glencree "would not harm the environment." Then why does Beachwood need an exemption from state laws that are in place to make sure that it would not harm the environment? Answer: because Beachwwod really would harm the environment.
Later, Muller claimed that if the City took ownership of Beachwood by paying Keenan $18 million, the land would be essentially worthless. He claimed that land he himself farms across Hwy 1 would also be worthless for housing. Dear Mr. Vice Mayor, maybe that's because your land is zoned for agriculture whereas Beachwood is zoned for residential. Assemblywoman Soldana caught Muller in this distortion. (As aside, I am wondering why Muller was not required to recuse himself from the Beachwood negotiations since he has an economic interest in close proximity.)
Local police union representative Officer A.J. Johnson was at least being honest when he admitted that "The City will be able to pay $18 million" to Keenan if necessary. But then he lamented that such an action would prevent the City from being able to "keep expanding public safety services." For crying out loud, how much more money does the union want for the police department's budget? Spending on police went from $2.7 million per year in 2001-2002 to nearly $5 million per year today. The police department already gobbles-up nearly 50 percent of the City's entire $10 million annual budget. And they want to expand even more? This is why paying $18 million is considered such a hardship?
In response to a smart question by Assemblywoman Caballaro, lawyer Anne Mudge (hired by Keenan) was incapable of explaining why an initial step in the environmental review process (the granting of a vesting tentative map way back in 1990) would somehow endow Beachwood with the right to avoid going through the standard environmental review required of every other coastal development project. Mudge described AB 1991 as "a belt and suspenders move to prevent the project from going through the washing machine." (I'm not making that up. Perhaps it's a technical term she learned in law school). Coastal Commission Legislative Director Sarah Christie then provided a very clear explanation of the truth: Beachwood has never gone through the full permitting process required by law---in contrast to what Gene Mullin, Lanny Davis, and the HMB City Council have been going around claiming.
Later, Mudge gushed in agreement when Republican Assemblyman Guy Houston threw her a bone and said "all we're doing is locking in the rules from 1990 right?" Actually no, we're also ignoring the rules from 1990. All of these state environmental laws were in place back in 1990.
Assemblywoman Galgiani also asked a smart question. "Why did the HMB City Council agree to such a large expenditure of $18 million without seeking voter consent?" Probably because the arrogant HMB City Council believed they could avoid paying $18 million by trampling over every state environmental law on the books. They routinely ignore laws at the local level, so why not try the same thing at the state level too? Galgiani later voted Yes but she was participating at the special request of termed-out Speaker Nunez. She replaced Assemblyman DeSaulnier who stated that he likely would have voted No on the bill (see link below).
http://www.capitolweekly.net/article.php?issueId=x2g41snhsjkbaa&xid=x30pwa3z6w0dyj&_adctlid=v|jq2q43wvsl855o|x31if5gbzhw3rn
Lastly, both McClung and Mullin claimed that the $18 million settlement amount would "devastate" the City's budget while failing to mention that it was the City Council itself that agreed to that figure, presumably after doing its legally-required due diligence. This brings to mind the old story of the guy who murders his parents and then begs the court for mercy because he is an orphan.
Oh Carl, it only took you a day for to write your VERY verbose, pompous, diatribe only to confirm that the words in the coastal act are actually "interpreted" by experts in the subject matter. And you call me flailing? That is soo funny.
And don't you think it is a bit ridiculous that someone imparts judgement that a few yards away the land must be wetland, but over in this one particular spot, it has been determined that there are certainly no wetlands her?
I can visualize it right now.... Our coastal commission scientist is sitting at his desk and a call comes in. Some NIMBYer reports "Someone is starting to develop on this land that has been used for farming for so many years. My view of the ocean will be blocked... or I will no longer have direct access to the beach. Something must be done".
So our coastal commission rep puts on his uniform and hat, with a label that reads, instead of "To Protect and Servce": "To Protect and Prevent Excessive Development" (Thanks for the phrase Francis).
Our hero then heads out to the plot of land, takes a quick survey and says to himself "Why, this must be a wetland. But first, I must apply the scientific method!"
He then starts with step 1:
See if there is standing water on the land. After a quick survey he notices no water, but says "I must wait til the rains come. And the law says I must see this happen periodically". he comes back in a few months to find water sitting and say "If I see this again, it must be a wetland".
So onto step 2: Let's test the soil. After carefully inspecting areas where the water consistently drains from the soil (but it is dry) he determines, this spot must be of hydric soil composition. So it takes samples to the lab to investigate. Perhaps tests were negative, but he takes many samples over the land, just in case.
And finally onto step 3: Let's find a hydrophytic plant, there must be one somewhere. So he waits til the rainy season, and low and behold plants start cropping, so he takes photos and samples back to the lab as evidence.
I'm being humorous here... but could this be not far from the truth??
Following up on Anneliese's post. It is critical for those opposed to AB 1991 to FAX their letters in by Monday.
The City Council's old guard supporters and their realtor/developer friends are sending in their own letters for sure.
Below is my own letter.
via Fax: 916-319-2113
May 16, 2008
The Honorable Mark Leno
Chair, Assembly Appropriations Committee
Subject: AB 1991 (Oppose)
Dear Chair Leno and Members of the Appropriations Committee:
As a former Chair of the Half Moon Bay Planning Commission, I am writing to urge you in the strongest possible terms to vote no on AB 1991. This bill seeks to exempt the 129-house Beachwood/Glencree project from having to comply with our state's environmental laws.
AB 1991 would establish a precedent of overriding the interests of all Californians for the benefit of a few. This bill raises important concerns about equal protection under California state law. The bill also seeks to abrogate local laws that would require the developer to provide some affordable housing.
AB 1991 would effectively approve a 129-house subdivision on the basis of a preliminary environmental review (a 1990 vesting tentative map) that is now 18 years old. An up-to-date environmental review is needed to address the growth in traffic since 1990 and the current water situation that exists on the coast. The traffic generated by this huge project would be funneled through a new signalized intersection just north of an existing subdivision, likely causing gridlock during commute hours and restricting coastal access by visitors on weekends. It is critical that a full environmental review be conducted before this project is approved. AB 1991 would bypass that review.
The Half Moon City Council is claiming that AB 1991 is necessary to avoid an $18 million settlement payment to the developer. Please note that it was the City Council itself that agreed to the $18 million payment, after doing its legally-required due diligence to ensure that payment could be made. The City Council now comes before the Assembly and asks for "legislative relief" from its own fiduciary decisions.
Most troubling, AB 1991 lays out a method by which future coastal development projects can be exempted from environmental review simply by having a local government enter into a settlement agreement with a developer and then beg the legislature for relief. What if a member of Congress proposed a bill that would exempt one financially-strapped but well-connected company (let's call it Enron), from having to comply with the SEC's mandatory accounting regulations? Obviously such a bill would constitute a horrible public policy precedent and should not even be considered. The same goes for AB 1991.
We all owe a tremendous debt to the state legislators who had the vision and foresight to pass the California Coastal Act, the California Environmental Quality Act, and the California Endangered Species Act. These laws protect California's coast for the benefit of current and future generations. The stakes involved here extend beyond Half Moon Bay to all of California. To protect this legacy, I urge you and your fellow committee members to vote no on AB 1991.
Sincerely,
Kevin J. Lansing.
Half Moon Bay
Thing are looking up for AB1991, as well as land owners not being bullied by environmental agencies banding together outside of their edicts.