The Center for Biological Diversity is suing to increase the critical habitat for the red-legged frog, reports the County Times. This follows the resignation of a Bush administration political appointee who was accusing of interfering with biologists’ declaration of habitat [Wikipedia].

An amendment to the Endangered Species Act in April 2006 saw more than 3.7 million acres cut from the statewide list of areas crucial to the species’ continued existence — from a proposed 4.1 million acres in 2001 to roughly 250,000 acres in 2006. The lawsuit says the changes made it nearly impossible for the federally threatened species to rebound. Habitat for the species had already declined by 70 percent in 2000 from the 1950s, according to the Fish and Wildlife Service.

Several Bay Area counties were deeply affected by the changes. In San Mateo County, some areas known to contain abundant red-legged frog populations, including Montara Mountain near Devil’s Slide, were taken off the list, along with the entire Coastside.
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"Critical habitat is the teeth of Endangered Species Act," [ Fish and Wildlife Service spokesman Al Donner] said. "Merely listing a species only protects individual animals. Critical habitat protects the habitat that’s been identified as essential for the recovery of the species. No species can survive without its habitat."

Critical habitat requires an additional permit for the Fish and Wildlife Service in order for development to take place.

At Tuesday night’s meeting, the Half Moon Bay City Council voted unanimously to appeal the Yamagiwa decision and introduced its new attorneys for the appeal: Orrick, Herrington & Sutcliffe of San Francisco.  While the decision itself was not terribly surprising, the County Times reported that the decision received "mixed support from the audience". Coastsider was there and will have gavel-to-gavel video of the meeting online as soon as possible.

"We believe the judge’s decision is erroneous and contains many grounds for appeal ... and we are confident in our position," added John Knox, a partner with Orrick, Herrington & Sutcliffe.

Knox would not say what those grounds of appeal might be. He did say that, typically, an appeals case will proceed differently from the case Walker heard, which was filled with technical evidence and expert testimony concerning the presence of wetlands on the Beachwood site and the city’s role in dealing with them. Heard by a three-judge panel, this case will look at whether Walker correctly applied the law or consider errors made by the judge — legal, procedural or otherwise, according to Knox.

Walker has yet to issue a final document in the case, also called a judgment, which will outline pre- and post-judgment interest Keenan’s law firm is hoping Half Moon Bay will pay. A separate document, due in to Walker by Dec. 28, will enumerate the legal fees the city will have to pay if it does not appeal.

It’s still unclear whether the city will have to post a bond to appeal or how much money the city will have to borrow to fund the effort. The council voted to hired investment banker Piper Jaffray to assist with financing.

Thursday, December 20, Nights of Light continues on Main St in Half Moon Bay, when shops and restaurants will also remain open late for a last minute shopping night filled with carriage rides, music, warmth and Coastside charm. This is a good opportunity to support your neighbors by shopping the Coastside and give a unique gift to someone you love.

Half Moon Bay High School’s Gay-Straight Alliance has had its share of problems getting established, reports Julia Scott in the County Times, but it is also changing some minds.  The Alliance was mentioned in a recent response by the student body when HMB boosters were accused of using anti-gay slurs against a rival team.

"This is still a small agricultural community, and a lot of people are religious," said Ratti.

Becoming a visible student group with regular meeting times has meant weathering a lot of abuse. Four out of five handmade club posters Ratti puts up every week are defaced with lewd pictures of genitalia or scrawled words, such as "F— the fags."
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There have been some notes of progress. One male student who used to be derisive of the gay lifestyle started coming to GSA meetings after getting to know Ratti as a person as well as a teacher. And Ratti thinks the student body would be receptive if the GSA were to sponsor a dance later this year.

We’re seeing more of these illuminated billboards in the Bay Area.  There’s a new one next to the highway just as you get off the Bay Bridge in the East Bay.  And the grandaddy of them all in Redwood City on the 101. Now would be an excellent time for the city and county to take a new look at illuminated signs on the Coastside, including good, old-fashioned internally-illuminated plastic signs. We’re going to make an ongoing project of the "outdoor advertising" that is fighting for our attention and contributing to the shabby highway-strip aesthetics of the Coastside.

The Peninsula Open Space Trust (POST) announced today the purchase of 3.67 acres of oceanfront property on the bluff north of Pillar Point in Half Moon Bay. The $495,000 acquisition will be added to POST’s Pillar Point Bluff property, 119 acres that surround the new purchase on two sides.           
"With the purchase of this land, we add ocean frontage to Pillar Point Bluff, protecting even more of this dramatic stretch of land that the community and visitors enjoy," says POST Executive Vice President Walter T. Moore.  "The area is already popular with hikers, joggers, dog-walkers and other visitors.  As POST works with its public agency partners to improve the trails at Pillar Point Bluff, we will integrate this new parcel into the planning process."
POST purchased the ocean-view property from executors of the estate of the late Elizabeth M. Gunn of Los Altos, whose husband bought the land in 1981. The new property’s bluff-top edges offer lovely views of the Pacific Ocean and Fitzgerald Marine Reserve, with Seal Cove Beach, Frenchmen’s Reef and Pillar Point as visible landmarks.  Seals often huddle on the rocks just offshore.
 

The Half Moon Bay City Council will report on its extensive interviews with attorneys and investment bankers regarding the conduct and financing of a potential appeal of the Yamagiwa decision on Tuesday night shortly after the meeting begins at 7pm.

As usual, we’ll be there with cameras.

In the meantime, here are a couple of alternative opinions on this mess.

A lot of Coastsiders are confused by the $37 million Yamagiwa decision. That’s not surprising. They’re being fed misinformation by people who know better. If you listen to Coastside property rightists, you’d think that this decision was a repudiation of the environmentalists.

That is nonsense.

Yamagiwa is not about whether the city of Half Moon Bay has the right to define wetlands, whether Beachwood contains wetlands, or whether the declaration of wetlands at Beachwood was a taking of property. That was settled in the city’s favor years ago.

Yamagiwa is not about property owners having their rights taken away by environmentalists.  The "taking" outlined by judge Walker was the creation of wetlands as the accidental consequence of actions by pro-development, pre-environmentalist Half Moon Bay city councils in the 1980s and 90s.

Coastside property rightists claim to have read the decision, but you wouldn’t know it from their analysis. The issue in the Yamagiwa case was the origin of the wetlands.  Ironically, the court says that the wetlands were created in the 1980s when the city was trying to make Beachwood and nearby property more developable.

It would be easy for for Coastside environmentalists to point fingers at sloppy city governments ready to grease the skids for poorly planned development. Instead, they’re calling for calm and solidarity, while the property rightists see this as an opportunity to flog their usual solutions.

Federal Judge Vaughn Walker’s Findings of Fact in the $45Million Yamagiwa (Beachwood) lawsuit clearly identify the rationale for his decision:  On March 21, 2000, the City Council voted to deny Beachwood a CDP; took six weeks trying to justify their actions, and on May 2, 2000, adopted Resolution No. C-26-00, formally denying the CDP.  The ‘new’ wetlands, that the City created, were at the heart of the denial. Council member Toni Taylor made that motion and Debbie Ruddock seconded it.

In order to understand how that happened, we need to ask ourselves a few questions; some of those questions might include:

1) Who were the Council members that made that decision?

2) How did each one vote?

3) What political faction had the majority on the Council?

4) Who was on the Planning Commission at that time?

5) Which Council member appointed each of the Planning Commissioners?

6) How much influence did members of the Planning Commission have in the decision?

7) Who sat on, and controlled, the Water Board (CCWD)?

8) What political faction controlled the City?

Here are the answers:

Pacifica School Volunteers (PSV), a nonprofit organization devoted to helping children succeed in school, has received a request for a Portuguese speaking volunteer.  A fourth grade teacher made the request explaining that a girl in her class speaks only Portuguese and is really struggling in school.  The volunteer could give one hour a week or more to help explain schoolwork and assist the girl in class.  The teacher will supply all course work and materials.  If you can help, please contact Pacifica School Volunteers at (650) 355-9432.