Saturday, March 10, 2007

Can Trestles Be Saved? OC History Gives Us a Good Clue



{This is Part 7 of my special report on the proposed extension of the 241 Toll Road to San Onofre State Beach (aka Trestles). If you'd like, you can find the other stories in the "Speeding Our Way to Trestles" series here. As the debate heats up over Trestles and the 241, I'd like to go in depth and examine all the issues involved... And I'd love for you to come along for the ride as we explore what can be done to relieve traffic in South Orange County AND Save Trestles Beach. Enjoy! : ) }

Now we know the true folly of trying to build a toll road to Trestles. It won't do anything to fix South County's traffic woes. It probably won't survive all the legal hurdles that it faces in court, and on the Coastal Commission. And really, the only thing that it is guaranteed to do is to destroy the entire ecosystem of San Onofre and Trestles beach.

However, is there anything we can do to stop TCA from pursuing total madness? What can we do to save Trestles forever, and stop all this crazy talk about this immoral AND impractical toll road?

Well, perhaps history can teach us a lesson. After all, this is not the first time that we in OC have fought over the future of our beaches. Follow me down below for a wild and wonderful history lesson (illustrated with plenty of lovely pictures!) in fighting over development and saving Orange County's coastal treasures.

(Cross-posted at Calitics)



Bolsa Chica: A Beautiful Work in Progress

This truly has been a long struggle, but in then end it has certainly proven to be a beautiful one. In 1973, as part of a controversial land swap, the State of California suddenly had 300 acres of Bolsa Chica in its possession. Within a few years, the state was able to restore the land, and set it aside as an ecological preserve. However, private developers still had plans to convert the remaining wetlands into a massive development complete with marina, high-priced "luxury" residential, and commercial areas. After several years of legal battles, the developers settled with environmentalists in 1989 and agreed to pare down the development.





Then in 1997, the state acquired another 880 acres of Bolsa Chica wetlands. In 2005, 41 more acres were acquired, bringing public ownership of the Bolsa Chica to over 1,200 acres. Wetland restoration of nearly 600 acres of Bolsa Chica began in 2004... And then in August 2006, sea water flowed into the newly restored wetlands for the first time in over a century. The Bolsa Chica wetland restoration project was the largest coastal wetland restorations ever undertaken in Southern California.





Now we can't completely celebrate yet, as developer Shea Homes still wants to develop homes on fifty acres in the outskirts of the wetlands, near a flood control channel. Hopefully the Coastal Commission will reject this nonsense, and we can finally settle down and enjoy one of the last and greatest coastal wetlands in Southern California.



Crystal Cove: An Island Untouched by Time





Like the fight over Bolsa Chica, it's been a long and hard struggle to save Crystal Cove from over development and and an overpriced "luxury" resort. In the 1970s, a few longtime residents of the historic cottages were able to convince the state to set aside this pristine stretch of coast as a state park... As well as convince the State Historical Commission to recommend it for the National Register of Historical Places. But still, trouble loomed over the fate of the Cove.

Although the Irvine Company had sold all the property south of PCH to the state for a park, that did not stop them from building a new development of McMansions directly across the street... And allowing all the polluted runoff from the new McMansions from flowing down Muddy Canyon and Los Trancos Creek into Crystal Cove. And then, all had begun to seem lost when the state entertained a proposal to do away with the historic cottages and allow for a multimillion dollar private "luxury resort" to be built on the now-public parkland.





At this point, when all seemed doomed, local environmentalists put aside their differences with each other to form a coalition to stop the gentrified over development of Crystal Cove. And after many years of battling developers and the state, THE ENVIROS WON! Although the McMansions remain on the inland side of PCH, they no longer spill pollutants into the creeks feeding into the ocean. And though developers were frothing at the mouth at the possibility of establishing yet another mega-resort on OC's "Gold Coast", the historic cottages won out over the mega-resort.

Today, the beach is open for all of us to take pleasure in. And oh yes, the cottages are now open as an affordable escape for ALL OF US to enjoy. Crystal Cove will forever be a unique, timeless place that's so close to all the surrounding OC madness, yet so far away.





Laguna: The Ultimate Dream Come True





Oh yeah, speaking of unique... Nothing can ever be as uniquely dazzling as my darling Laguna! And of course, no other place in Orange County has ever been as environmentally conscious as Laguna.

In 1964, Laguna Beach developed the first access standards in an early effort to prevent over development in the hillsides and canyons. While it may have been too late to stop soon-to-be calamitous developments like Bluebird Canyon, it did begin to slow development into other parts of town. In 1967, a group of local activists founded Laguna Greenbelt, an organization that wanted to build upon these access standards, and preserve all the remaining hillsides, canyons, lakes, and open space around Laguna. And though the rest of the county was then laughing at Laguna's "eccentric" ways back then, they would soon come to appreciate all this "eccentricity".

Through the 1980s, Laguna Greenbelt and other environmentalists pushed and pushed and pushed to establish the open space around Laguna as parkland for everyone to enjoy. Heck, they even tried to get Congress to declare Laguna Canyon as a national park! However, they could not seem to find success...
Until 1990, when the Irvine Company agreed to give up its plans for development and sell the land. And oh yes, in November of that year 80% of Laguna voters agreed to tax themselves in order for their city to chip into the purchase of this last chunk of Laguna Canyon in order for the ENTIRE CANYON to be preserved as parkland for all to enjoy.





In 1991, local environmentalists then established the Laguna Canyon Foundation to ensure the good stewardship of the new Laguna Coast Wilderness Park. And since then, Laguna has continued to carry the gold standard of environmental protection and preservation in Orange County. Local activists truly have been able to work with local government, regional developers, and Laguna residents to ensure that Laguna remains as wild and wonderful as ever.











OK then, so what does this all mean for Trestles? Well, it means that there's hope! After all, look at what local activists have been able to do in saving the Bolsa Chica Wetlands. Look at what local activists have done in preserving the timeless bucolic elegance of Crystal Cove. And please do notice how Laguna has ultimately succeeded in keeping its canyons, hills, and coastline wild forever!

If we have won all these battles in preserving the natural beauty of these Orange County treasures, then WE CAN STOP THE TOTAL MADNESS THAT IS EXTENDING THE 241 TOLL ROAD TO TRESTLES! There are many great grassroots campaigns to save this unique ecosystem, and preserve it for all to enjoy.





Again, if you'd like to get active in saving San Onofre State Park and Trestles beach for all to enjoy, then please check out these fine organizations:

- Save San Onofre

- Save Trestles

- Save Trestles Blog

And whatever you do this weekend, make sure to enjoy a wild and wonderful one! I'll certainly try to do so! : )

Friday, March 09, 2007

The Register Likes "Property Rights", But Not Freedom

Remember when I told you about Brea's plan to set limits on how much development can occur at Carbon Canyon? Well, the Brea City Council now looks to be agreeing upon a compromise measure that will make it more "flexible". However, The Register's editorial page is still not happy about it:

The city of Brea continues to set the stage for a massive theft of property, a "taking," but is trying to craft its action in such a way that the city won't have to pay for what it takes. The City Council agreed Tuesday to postpone a decision on changing the zoning in a hillside portion of the city, as staff develops more "flexibility" for owners. But a very troubling process is moving forward.

The city attorney, council members and members of a no-growth group closely allied with city officials are all touting their commitment these days to "compromise." But don't think that after five years of depriving owners of their lawful right to develop their land that officials have suddenly gained any newfound understanding of the concept of individual freedom.


OK, so setting some reasonable standards to prevent tragedies like the Laguna Landslides of 2005 from happening in Brea means that the City of Brea does not understand the "concept of individual freedom"? What, the freedom to put yourselves and your neighbors at risk of losing the entire neighborhood? But wait, it gets better!

We can see it now. Owners would lose their valuable property rights, then be allowed to petition the city for a few additional units. They would have to spend money developing new plans. There would be no guarantees that the flexibility would mean anything more than further delays and runarounds by officials dedicated to stopping growth on privately owned hillsides. This is the opposite of freedom. It would be approval by government whim.

Some supporters of the city have said to us words to this effect: "All property is subject to government regulations and zoning, so why is it any big deal if the city decides to change the zoning on this acreage?"

The price of property is determined by the bundle of rights and entitlements that comes with it.


True. The price of property is determined by such entitlements as being able to build alongside a lovely, bucolic canyon. However, what would happen if that canyon weren't so lovely and bucolic anymore? And oh yes, what would happen if all those new homes built were to fall in that canyon? Would these developers still be beating their chests about "property rights" when their precious property slides down into ruin?

But I guess that does not matter to The Register's editorial page, so long as Brea "takes away people's land" to "create de facto park land". How dare they!

Other supporters of the city argue that the land is too hilly to build 1,600 units. That might be true, but it should be up to the builder, his engineers and the insurers to determine the right number of units that can be built. It seems clear the city is using the safety issue as an excuse to create de facto park land. [...]

Brea officials are acting at the behest of many residents who do not want additional houses near them. But to take away some people's land to satisfy others is a form of rank majoritarianism. What would you say if a government voted to eliminate your free-speech rights simply because the majority didn't like what you had to say? It's a similar concept to what Brea is doing.


Yes, why not just leave it up to the developers? I mean, what motivation do they have besides the very noble urge to "exercise their property rights"? Perhaps, do they also have a motivation to maximize their profits off the land? Now, I'm not saying that all development is evil, or that developers do not have a right to profit off their own land. However, what may be best to maximize the developer's profit may not be best for the community's well-being.

This is where government steps in. Local government should be expected to set reasonable standards and limits in order to provide enough of an opportunity for developers to profit off their land, but at a reasonable level that also respects the wishes of the greater community. And oh yes, isn't government also supposed to respect the will of the people? I mean, isn't that what representative democracy is all about? The Register might call Brea's new development standards "rank majoritarianism", but I'll call it a reasonable set of standards that tries to respect the right of the developer to develop as well as the community's right to safe and pleasant surroundings.

Too bad that The Orange County Register's editorial page's love for "freedom" does not extend to respecting the wishes of the greater community.

(Cross-posted at Calitics)

Get Ready, OC! Richardson's Coming to Town!

I found a letter from Frank Barbaro, Chairman of the Democratic Party of Orange County, last night in my email box. I thought that you'd be interested:

With several outstanding Democrats running for president, the 2008 field is the strongest I can recall. Over the next few months, I will be inviting you to join me at a series of Orange County public and private events for each of the top contenders.

I am delighted to welcome you to Laguna Beach on Wednesday, March 21, for a very special luncheon with Governor Bill Richardson.


So do you have a spare $500, and are you still looking for a good way to spend it? Well, follow me down below to find out more about this fundraiser with New Mexico Governor Bill Richardson...

(Cross-posted at Calitics)

OK, here's the rest of the letter from DPOC Chairman Barbaro:

Wednesday, March 21, 2007, 5:00-8:00 pm
Address provided upon RSVP
$2,300 Host
$1,500 Sponsor
$1,000 Friend
$500 Supporter


Please join me in welcoming Governor Richardson on his first trip to Orange County since announcing his candidacy for president.

To RSVP, please call Mike Levin at (310) 740-6866 or click here to email ocvictoryfund@gmail.com

Hope to see you there!

Sincerely,

Frank Barbaro

NOTE: This email does not imply endorsement of a particular Presidential candidate by the Democratic Party of Orange County. The party has made no endorsement, express or implied, of any candidate in the race. It is our goal to inform all Orange County Democrats of upcoming appearances and events for all of the outstanding Democrats running for President.


Come on, now! I know all of you are just clamoring to slap down $2,300 to be a "host" at this rather upscale shindig. What can I say? We've got plenty of rich Dems in OC. : )

Today's Wild and Wonderful OC Roundup

Here are some wild and wonderful Orange County stories that you have to see to believe:

- Is Brea Turning Up Its Nose to Walgreens? Is Brea being "hostile to property rights", as Jubal/Matt Cunningham suggests at OC Blog?

I saw that a bankruptcy judge sided with Brea and against bankrupt Tower Records' attempt to lease their 30,000 square foot space to Walgreens:

"There are a lot of places in our city where a Walgreens would be great," O'Donnell said. "But not in an entertainment/restaurant district."


A drugstore? Eeeewww...how tawdry! People with illnesses picking up prescriptions! Can't possibly have that across the street from the multiplex!

Have we come to this? Local government inserting itself into the free marketplace to the extent of deciding where it is and isn't appropriate to put a drugstore?


I really don't know. I'll leave that judgment call to you.

- Who's Breaking the Law Now?. The Ninth Circuit Federal Court of Appeals faults the Orange County Sheriff's Department in its detention of an inmate who was cuffed to a hospital bed. The OC Register has more.

- Hmmm... Should I Feel Sorry for My Reps. in Sacto? Brian Joseph is reporting in today's Register that state legislators don't get as good health care and pension benefits (in fact, legislators get NO pensions) as their staffers. Still, I don't know if I feel sorry for them quite yet... Especially when former State Sen. (now Congressman) John Campbell (R-Newport Beach) still refuses to pay back the $14,000 he lost the state by having the state buy him a yellow Mustang Saleen!

And finally...

- Gingrich (Finally!!) Says He's a Cheater! OK, so this is not a purely Orange County story... But still, Dan Chmielewski has something to say about it at The Liberal OC. : )

Thursday, March 08, 2007

The Wicked Witch Is Gone! Barbara Coe Leaves the Minutemen!

This just in from The Liberal OC:

Barbara Coe just resigned from the Minuteman Project. She was on the board and recently voted to give Jim Gilchrist the boot because of “financial and accountability issues” according to the Orange County Register. Gilchrist took the group to court and filed a “it’s mine and you can’t have it” lawsuit.

You may remember Coe’s name from the Tan Nguyen scandal. The fake letterhead that Nguyen used to write the infamous “immigrants can’t vote” letter on used the name “California Coalition for Immigration Reform” and Coe is the founder of that organization—but was not involved in the Nguyen letter.


OK, so you still don't remember Barbara Coe? Well, then follow me down below for a quick history lesson, and why I'm smiling tonight...

(Cross-posted at Calitics)

Ah, Barbara Coe! Yes, that Barbara Coe... Ya know, the one whose group is listed by the Southern Poverty Law Center as a hate group. Yes, the one who didn't have a problem with Congressional Candidate Tan Nguyen sending out the now infamous "Immigrants Can't Vote" Letter under her organization's letterhead...

AND SHE'S GONE! Well, she's just out of the Minuteman organization. But still, it's so exhilarating to see OC's own Wicked Witch of the West cause havoc for her fellow Latino haters! I just hope that they all suffer in the chaos that they are creating for themselves, just as they've caused so much suffering for all the Latinos here in Orange County.

Gawd knows they deserve it. : )

Chris Reed Still Doesn't Get It... So He Has to Attack Us!

Remember when Lucas O'Connor warned us last week about Chris Reed missing the point about health care over at The San Diego Union-Tribune's "America's Finest Blog"?

Chris Reed has a post up [...] on his UT blog discussing the continuing "media error-a-thon" in regards to classifying those without health care in the United States. His complaint is that there are not 47 million Americans without health insurance. Rather, there are 47 million people in America without health insurance. His gripe so much as I understand it is that immigrants, legal or otherwise, shouldn't be part of the health care discussion in the first place and that including them improperly legitimizes these people as Americans and artificially inflates the health care problems faced in this country.


Well, Chris Reed is striking back at us... WITH EVEN MORE LAMENESS, AND STILL NOT GETTING THE POINT!! You just have to see it to believe it, so follow me down below for more...

(Cross-posted at Calitics)

So how does Chris Reed respond to Lucas' valid point about the the practical benefits of providing everyone with proper health care? Well, here 'ya go:

... [T]o my amazement and amusement, my gripe over the national media's inability to correctly state that there are about 47 million people in the U.S. over any 12-month span without health insurance as opposed to 47 million Americans -- U.S. citizens -- was the target of ire at Calitics, a liberal California Web site with a growing audience. My sin: I miss the whole point of the health insurance debate. I'm trying to minimize the problem and dehumanize the non-citizens included in that 47 million figure. I'm "splitting hairs."


And oh yes, we are also being quite deceitful!! How dare us!

I have to offer this comparison, just because I know it will set the Calitics set off:

Suppose the Bush White House had people who really, really, really sincerely believed Saddam was evil and had to go for the good of the world: Under the same standard by which Calitics folks think it is OK to distort our health insurance woes, why shouldn't the Bush White House exaggerate about WMDs?


OH... MY... F***ING... GAWD! Is this the best that he has? If so, then Chris Reed still doesn't get it. We are not being deceitful about the 47 million people in the United States without health care. No, we are simply trying to say that any truly comprehensive health care solution needs to cover ALL 47 MILLION PEOPLE in this nation!

Again, germs and viruses don't check our green cards. And no, injuries do not care about our immigration status. Everyone gets sick, and everyone hurts. Plain and simple.

And once again, more sick people in our nation harms our nation's overall health. It hurts our economic productivity. It keeps kids out of school. And oh yes, it adds to ALL OF OUR HEALTH CARE COSTS when people who don't have adequate health care get sick and/or injured.

We are not being "deceitful" by talking about ALL 47 MILLION PEOPLE WITHOUT HEALTH CARE. If anything, we're trying to add some more honesty into the discussion by talking about everyone and not playing semantics games. If Chris Reed really wants to compare someone's deceit on health care to Bush's deceit on Iraq, then he can look no further than... BUSH! And oh yeah, how's that plan to provide health care for all our kids?

Weeding Out the Undocumented... At Work

First, it was the Costa Mesa City Council taking federal law into their own hands by voting to deputize police officers as immigration agents...
And now, much of the nation is following. First it was just the Minuteman Project, but now it has become a giant monster.

So what is it about these anti-immigration measures taking off in Orange County, and spreading throughout the rest of California, and being copied elsewhere in the nation? As a native Orange County resident, I live in the middle of all of this...
And I want to examine the issues surrounding local governments enforcing immigration law. Today, we begin in Mission Viejo, where the city is trying to rid iteself of any and all undocumented workers. They want to use a federal program to help them do so, but is it really effective? Follow me down below for more...

(Cross-posted at Calitics)

So where was I? Oh, yes... Mission Viejo. (From OC Register)

Mission Viejo has joined the national immigration debate, adopting an ordinance requiring its employees and contractors to participate in a federal program meant to weed out unauthorized workers.

"We will be setting an example for all those in the community," said Mayor Pro Tem John Paul Ledesma, who put the ordinance on the agenda. The council unanimously approved the measure on its first reading on Monday. If it's approved on a second reading, it will go into effect July 1.

The city's decision would require participation in the Department of Homeland Security's Basic Pilot Program, which is free and Internet-based. It requires verification that city employees and those contracted with the city are legally authorized to work in the United States.


So Mission Viejo now wants to join the "Basic Pilot Program", and use it to prevent "illegal aliens" from getting a city-related job. Sounds good, doesn't it? What problem could there possibly be with screening employees to ensure that they are here legally?

Actually, there are more problems than Mission Viejo could possibly imagine. The Electronic Privacy Information Center (EPIC) gives us a rundown of all the serious problems associated with Basic Pilot:

In August 2005, the Government Accountability Office reviewed Basic Pilot and found several problems, the most significant being that the program could not detect identity fraud. Other problems include employer noncompliance and Homeland Security delays and errors in entering information into its databases. GAO also said rampant document and identity fraud “have made it difficult for employers who want to comply with the employment verification process to ensure that they hire only authorized workers and have made it easier for unscrupulous employers to knowingly hire unauthorized workers.”


Hmmm... So how is Basic Pilot supposed to work in weeding out undocumented workers when the program cannot even detect fraud in those documents? And how is Homeland Security supposed to handle this program when they still have a backlog of about ONE MILLION PEOPLE waiting for a decision from their Citizenship and Immigration Bureau? Perhaps the GAO Report is correct, and the current weaknesses in the program may bite back and hurt the employers and employees.

But even if Basic Pilot does not work in screening out undocumented workers, can some employers still (mis)use the program to discriminate against workers? The National Immigration Law Center thinks so:

The 2002 independent evaluation of Basic Pilot discovered that employers engaged in prohibited employment practices, including preemployment screening, a practice that not only denies workers a job but also the opportunity to contest database inaccuracies; adverse employment action based on tentative nonconfirmations, which penalizes workers while they and the appropriate agency (DHS or SSA) work to resolve database errors; and failure to inform workers of their rights under the program.


So if Homeland Security cannot possibly handle a program like Basic Pilot, and if employers can be tempted to misuse the program to discriminate against employees, then why should municipalities like Mission Viejo participate in it? And if this program is not effective in its supposed goal, then why should we pay such a high cost in terms of more money, less privacy, and more discrimination for it?

Maybe that lawyer and that bishop are right about this program:

"It's an anti-immigrant ordinance and it's anti-business as well," said Ana Maria Patino, an attorney and Latina activist who lives in Laguna Beach. "(Undocumented workers) are not going to work for these contractors and if they're the kind of business that relies on a lot of undocumented workers because they can't get other people to do those jobs, they will lose business." [...]

Catholic Auxiliary Bishop Jaime Soto, an advocate for undocumented immigrants, said in a statement that Mission Viejo's action just "further confirms the need for a comprehensive immigration reform.

"This is a punitive measure that will do little to diminish the undocumented population," Soto said.

Wednesday, March 07, 2007

OC Special Election UPDATE: Judge Denies Team Trung's Request for ROV Docs

This just in from Total Buzz:

A win for Registrar of Voters today...just got back from court, where Judge Michael Brenner denied a motion from Team Trung to see 178,385 documents from the First District election.

Brenner said it appeared that the subpoenas covered "everything having to do with this election," that the suit sought "another recount," and he didn't want to start over. "I have difficulty with the idea that that would be appropriate," he said. Brenner sided with Deputy County Counsel Leon Page's argument that Team Trung had already seen those documents twice -- during the recount and during ballot challenge periods.

Today's action is also, of course, a win for Janet Nguyen's team, as the decision certainly limits what Team Trung can do during the trial.


So at least, the judge is not buying into Team Trung's flimsy case...
Let's just hope that this just hastens the end of this increasingly ridiculously long special election.

Brea: "Property Rights" or "Protection and Preservation"?

Hmmm... I noticed this in today's OC Register, and it's making me think:

Landowners in the hills of Brea blasted the idea as too restrictive.

A majority of speakers during Tuesday's public hearing applauded it as an overdue step toward preservation.

And as of late Tuesday, the City Council had not reached consensus on new zoning laws that would slash the number of homes that could be built in Brea's Carbon Canyon region – more than 1,100 acres east of the Orange (57) Freeway.


So would Brea be limiting property owners' rights by limiting the amount of homes that they are allowed to build along the hillsides of Carbon Canyon? Or would Brea simply be taking a common sense step toward preventing a terrible tragedy like the Laguna Landslides of 2005 from happening in their community?

Follow me down below for more on this debate over property rights, public safety, and hillside preservation...

(Cross-posted at Calitics)

So what is this really about? According to our favorite right-wing blogger, Jon Fleischman, this is all about the Brea City Council infringing on people's property rights. Here's what he wrote yesterday on OC Blog:

Tonight the members of the City Council in Brea will face a rather straight forward vote on whether they support private property rights, or not. Before them is a proposal that is, in polite terms, a 'taking' of the property rights of many property owners in Brea. To be more blunt, there is a zone change coming before these Councilmembers that, if passed, would severely restrict the number of homes that can be built on properties than can currently be built, according to existing standards. In the wave of an arm, or rather the press of a button, these Councilmembers may Lord over these property owners, and literally reduce the value of their land by a huge sum.


Oh, really? So is the city of Brea obligated to respect the "property rights" of a few over the safety and well-being of the larger community? Maybe the city needs some sensible standards in order to prevent Carbon Canyon from becoming the next Bluebird Canyon. From yesterday's Register:

City leaders say they have no obligation to ensure a landowner can make a profit; their obligation is to safety and public demand for preservation.

"We're trying to set some realistic, specific standards so they know exactly what they can build," Councilman John Beauman said. [...]

Supporters of the new regulations say it gives teeth to the goals of the city's 2002 General Plan, which calls for future development in the core of Brea while limiting building in the hillsides.

During 2002 hearings, hundreds of residents spoke out, demanding that the city do all it can to preserve the land that separates Brea from sprawling developments in Los Angeles and San Bernardino counties.

Brea officials said recent landslides in Laguna Beach and Anaheim Hills are examples of what can go wrong when steep slopes are overdeveloped. New regulations would determine the number of homes allowed based on the grade of the slope – the steeper the slope, the fewer the homes.


As we saw in June 2005 in Laguna, a great amount of damage can be done when we humans mess with Mother Nature and overdevelop these steep hillsides. So perhaps, the city of Brea does have an interest here in protecting residents from this type of catastrophe.

And oh yes, what about all the other residents in Brea? What if they'd like to see some of their hills remain hills, and not just become sprawling McMansion tracts like much of the rest of the region? Hmmm... I guess their "rights" aren't as important as the "property rights" of a few rich developers, at least according to the folks at OC Blog.

Today's Wild and Wonderful OC Roundup

Here are today's wild and wonderful Orange County stories that you just have to see to believe:

- Confessions of a Westside Improver. Claudio Gallegos gets down to the bottom of neo-Nazi Martin Millard and his looming influence over Costa Mesa politics at Orange Juice.

- Anaheim's Disney Dilemma... Now in Court! The Plaintiff: Disney, who insists that housing in the resort district would not fit in with the hotels and tourist venues planned for the area. The Defendant: The City of Anaheim, who insists that the city has the right to determine what fits in the resort district... And now, residential developer SunCal wants to help pay Anaheim's legal fees. Stay tuned as the Disney Dilemma erupts in court!

- No Longer Lost in Translation. The City of Santa Ana is finally giving its 45% of primarily Spanish-speaking residents a chance to better participate in city council meetings by offering simultaneous translation of its City Council meetings in Spanish. Es muy bien, porque mas personas en Santa Ana pueden participar en los negocios de su ciudad. : )

And finally...

- Curt. It's been said that a picture is worth a thousand words... So I guess it shouldn't surprise me that Mike Lawson's one picture at The Liberal OC says more about the wild and crazy special election fallout than all of my updates combined. Way to go, Mike, you artistic genius. ; )

(Cross-posted at Calitics)

Tuesday, March 06, 2007

OCTA Whitewashes Its Own 241 Studies

I guess OCTA is desperate to remain in good graces with TCA. I just wanted to regurgitate my dinner when I saw this:

OCTA announced their continued support of Foothill-South last week with this letter from Chairwoman Carolyn Cavecche to Foothill-Eastern Chair Jim Thor. A key quote from the letter: "In short, construction of the Foothill-South would provide congestion relief to the I-5 in south Orange County."

Foothill-South opponents claim that providing an alternative to I-5 won't relieve traffic (huh?) and have hung their hat on the fact that OCTA's traffic forecasts and TCA's traffic forecasts weren't identical. As this memo makes clear, both OCTA's and TCA's forecasts predict similar traffic volume and congestion levels on I-5.


So does OCTA really think they are doing their job in making our travels around the county easier by covering up THEIR OWN REPORTS that cast doubt on TCA's rosy predictions of "traffic relief" with the completion of the 241 Extension to Trestles. So I guess it doesn't matter that South County really wouldn't get ANY REAL TRAFFIC RELIEF from this ridiculous waste of a project. So long as TCA gets to waste more taxpayer money on their boondoggle, OCTA's OK with it.

(Cross-posted at Calitics)

OC Special Election UPDATE: Hopefully, I'll Have a Supe on the 27th

This just in from Total Buzz:

The declaration of a winner in the Feb. 6 supervisor's race was indeed postponed once again by the Board of Supervisors... Chairman Chris Norby assured those in attendance that Supervisor Nguyen would be sworn in once and for all on March 27.


So as expected, the Board of Supervisors decides to keep Central County's Supe seat vacant. Now while I usually do not agree with hard-right Supervisor Chris Norby, I do agree with his statement that "Three months is a long, long time for one-fifth of the county to be without representation."

Speeding Our Way to Wasteland on the 241

{This is Part 6 of my special report on the proposed extension of the 241 Toll Road to San Onofre State Beach (aka Trestles). If you'd like, you can find the other stories in the "Speeding Our Way to Trestles" series here. As the debate heats up over Trestles and the 241, I'd like to go in depth and examine all the issues involved... And I'd love for you to come along for the ride as we explore what can be done to relieve traffic in South Orange County AND Save Trestles Beach. Enjoy! : ) }

What would really happen if TCA were allowed to extend the 241 Toll Road all the way to Trestles? Would it really do no harm to Trestles, as TCA suggests? Or could it potentially destroy "The Yosemite of Surfing"?

Can this beach survive a toll road in its backyard?



Or is THIS what Trestles will become if TCA has its way?



So how would a toll road affect San Onofre's unique environment? Follow me down below for more...

(Cross-posted at Calitics)



What would happen if San Mateo Creek were to be tampered with? If TCA intends to build a toll road through San Onofre, then they would certainly be obligated to engage in some serious earth-moving... And all that earth-moving would alter the sediment flow of the creek, which would rid Trestles of its great waves. So if we were to allow this toll road to be built, we can almost definitely say goodbye to one of the best surf spots on the planet.



And what would happen to the seven endangered species who call San Onofre home? What would happen to the California gnatcatcher loses its home forever? What would happen if the Arroyo toad were to lose its humble abode? What would happen if we were to lose the thread-leaved brodiaea (a lovely violet lily) forever? The construction of the Foothill-South 241 Extension would rip through and destroy the native habitat of all of these, along with other threatened and endangered species. Do we really want to lose these treasures forever?



What would happen to the water quality at Trestles if the 241 Toll Road were built through San Onofre? TCA is promising that they will treat all polluted storm water before it runs off to Trestles. But can TCA really eliminate ALL pollution from the runoff storm water? Can TCA get rid of all the oil, grease, heavy metals, and other toxins that would be released into the creek as a result of all the cars traveling on the nearby toll road? Advocates for Trestles aren't buying it, and neither am I.



So what would happen if we were to allow TCA to build a toll road to Trestles? Oh, the entire ecosystem of San Onofre would be destroyed forever. The waves would vanish. The endangered species would die off. The water would turn dirty. And oh yes, we would have lost one of the greatest treasures in California. Can we really afford to lose it?

Today's OC News Roundup

Here are some wild and crazy stories, direct from behind the Orange Curtain:

- Will the World Keep Turning If I Have No Supe? Jubal/Matt Cunningham says "Yes" at OC Blog, but I'm not so sure. After all, there's no one currently on the board to speak up for Central County. As long as the certified winner is denied her seat, we in Central OC will probably remain forgotten.

- CUSD to Cease Paying for Ex-Superintendent's Legal Bills... So why would they continue to pay the legal bills for this guy, when he has caused so much grief for all the parents, students, and staff at the school district?

- "We Met, But Not for Sex." Defendant Jeff Nielsen took the stand in his own defense in his child molestation trial, testifying that he never had sex with a 14 year-old Westminster boy. He tried to explain away an email asking the boy to meet him for "something quick" as a quick lunch date, even thought the email never mentioned food. Hmmm... This sounds fishy to me...

And finally...

- Mike Lawson Is Famous!! OK, maybe not beyond the county line... But still, I am thrilled to see him featured in this month's "BLADE" magazine for making Drinking Liberally-OC happen every Thursday. Now go ahead, and give Mike some love at The Liberal OC for all the hard work that he does!

Monday, March 05, 2007

OC Special Election UPDATE: I Get No Supervisor Until the End of the Month

This just in from Total Buzz:

I've been checking votes this afternoon and I've already got two no's on swearing in Janet Nguyen tomorrow as the First District supe. Both Bill Campbell and John Moorlach said they will respect what Judge Michael Brenner said this morning and hold off on declaring a winner. [...]

But even if it's a 2-2 vote on seating Janet, the motion fails and she won't be sworn in tomorrow. Both Campbell and Moorlach said they will wait until after the trial is concluded, which should be Friday, March 23. So there may not be a supe-declared First Distrct winner until Tuesday, March 27.


So it looks like I will still have no one representing me at the county level until the end of the month. I have no one to talk to about the state of my neighborhood, no one to talk to about county services, and no one to talk to about stopping the other Supes from moving county operations to Irvine. Thanks for nothing, Darth Schroeder.

Speeding Our Way on the 241... And Bypassing San Diego




{This is Part 5 of my special report on the proposed extension of the 241 Toll Road to San Onofre State Beach (aka Trestles). If you'd like, you can read Part 1 here, Part 2 here, Part 3 here, and Part 4 here. As the debate heats up over Trestles and the 241, I'd like to go in depth and examine all the issues involved... And I'd love for you to come along for the ride as we explore what can be done to relieve traffic in South Orange County AND Save Trestles Beach. Enjoy! : ) }


Why must poor San Diego always end up being screwed? They can't have a mayor who actually won the vote in 2004... But they can have one who was picked by Time as one of America's worst mayors. They had a Congressman who sold out their best interests (as well as the nation's national security interests) to the highest bidder, but the new replacement doesn't seem to be much better. And now just as San Diego faces a possible loss of the Chargers, and a total loss of trust on Wall Street, and as the region deals with numerous other pressing issues...

Their crazy neighbors up north draw up plans to build a toll road in their backyard, and they don't even have the courtesy to talk to them about it.


So why does TCA want to screw San Diego? Follow me down below for more...

(Cross-posted at Calitics)

Even though the final third of the 241 Extension falls into San Diego County, no one in San Diego has had ANY say in this project. TCA has not gone to SANDAG for approval. They have not consulted anyone on their County Board of Supervisors. In fact, TCA has not consulted anyone in San Diego about this project that may very well destroy one of San Diego County's best beaches AND exacerbate their traffic woes in the north part of the county.


From OC Weekly:


"We really haven't had any part in the process," says Bill Horn, a San Diego County supervisor whose district includes San Onofre State Beach. "There've been no public hearings, no notifications; at least District 5 hasn't. If it's gone through SANDAG, I haven't seen it."


Horn and other San Diegans worry that the toll road will exacerbate San Diego's already-hellish traffic by dumping more of Orange County's southbound traffic onto the 5 freeway. "It's already a problem for us," says Horn.


"No one has run it past anybody within our jurisdiction," says Imperial Beach Councilwoman and former Coastal Commissioner Patricia McCoy. "This is an onslaught on our state parks; is nothing sacred anymore?"


I guess nothing in San Diego is, according to TCA. However, what about the surfers there who enjoy surfing at Trestles? What about the campers who enjoy the San Mateo campground?


I guess these folks at TCA don't care because it's not in their backyard...

But what if it were?


Would they feel the same way if a toll road were to be built through Corona del Mar?



Or Crystal Cove?



Or dare I say, Laguna?



But instead, it's poor Trestles, and they don't seem to care...

Even if they're screwing everyone in San Diego by destroying their beach.


Sunday, March 04, 2007

Here's an Idea: Speeding Our Way Through California... WITH NO CARS!

Last night, after listening to Huntington Beach Mayor Pro-tem Debbie Cook talk about the grim reality of our energy future, it dawned on me. Why the hell are we working so hard to sustain an unsustainable thirst for fossil fuels? Why must we continue to build more roads for more cars running on more fossil fuels, when it is that addiction to fossil fuels that has gotten us into all this trouble in the first place?

So where am I going with this? Follow me after the flip for more...

So what would extending the 241 Toll Road to Trestles do to help us? Nothing. Extending the 241 to Trestles would not ease traffic or spare the beach from harmful pollution. If anything, extending the 241 to Trestles would only help prolong our addiction to fossil fuels by giving a few privileged South County motorists an option to escape the grueling traffic on the 5... While the rest of us drive in it and suffer in it.

What does all this fighting over highway bond money do to help us? Nothing. This just allows municipalities to duke it out with each other over who gets how much money for widening this or that road... But it's only a temporary fix, and the larger problem of congestion remains. And oh yes, all this construction of more roads only serves to continue feeding our addiction to fossil fuels.

So what can we do about this? What can we do to solve all these traffic woes throughout the state? What can we do to free ourselves from this addiction to fossil fuels? What can we do to stop climate change? What can we do to save ourselves from... OURSELVES?

How about expanding commuter rail options? In Southern California, we already have Metrolink. Now wouldn't it be great if Metrolink ran more often, and served more communities? Why don't we do that?

How about creating more live-work urban villages? Wouldn't it be great to be able if we were able to walk to everywhere we needed to go? And wouldn't it be great if we were just a hop, skip, and a jump away from high-speed train service that would take us to farther distances without burning up so much fossil fuel?

How about we get off our lazy asses and do something to save our planet? Why don't we just practice what we preach? Perhaps instead of driving to the beach today, I should just ride the bus there. Perhaps instead of driving to the market, I should just walk there. Perhaps instead of driving to the park for my morning walk, I should just extend my morning walk. The first step in creating a sustainable society begins with us. We need to stop complaining about how bad all this traffic is, and we need to begin to do something about it.

The transportation problems in California are great. That much is true. However, there are solutions available. We just need to get over our lazy selves and start being the solution. : )

(Cross-posted at Calitics)

Saturday, March 03, 2007

Surreal OC Weekend!: Special Psycho Wingnut Edition!

OK, so it's my birthday today...
And I still have so many things to do...
So here's a new weekend tradition that I'm starting here...
Yes, I'm starting it just for you!
SURREAL OC WEEKEND!

So here are some gruesome stories from Wingnut Freeperland that you may have missed while you were, I dunno, discussing the rural/urban divide over transportation bond money, or getting giddy about Mark Leno announcing his bid for State Senate. But anyways, enough of that 'cuz it's time for some good ol' fashioned Orange County fun!

- "Look at me, I'm a wingnut!" Just when I was beginning to tolerate Chuck DeVore, he just had to find a way to make me hate him again! Chucky is now boasting about how "conservative" he is, and how he proudly stands against "homosexual 'rights'" and the use of "the power of government to force a radical social agenda on the rest of us". So Brian and all you SFers, it looks like DeVore is saying that folks like Mark Leno use "the power of government to force a radical social agenda on the rest of us"... What say you?

- Look at you, you're a BIGOT! Well, I can tell you what Dan Chmielewski has to say about his Assemblymember at The Liberal OC:

If the quotes over the word “rights” just stopped you cold, its exactly the way Chuck wrote them. We’ve debated this before on OCBlog, but Chuck believes marriage is between a man and a woman for purposes of having children and raising families (then we should outlaw new marriages for anyone past child-rearing years right?).

I believe that the 9th amendment of the Constitution gives to the people all the rights not defined in the Constitution and that the 14th amendment’s equal protection clause, coupled with laws that made bans on interracial marriages unconstitutional, will eventually lead to gay marriage as the law of the land.


My goodness, so when did basic Constitutional rights become a "radical social agenda"?

- Don't go there with me, Jubal! Just as I was learning to be cordial toward all those GOP consultants at Red County/OC Blog, Jubal/Matt Cunningham just had to throw a stinkbomb at me. Yes, Matt, I did already know that the federal government owns San Onofre. I was being quiet out of courtesy to you. However, I also know that the federal government HAS NOT GIVEN APPROVAL FOR TCA TO BUILD THE TOLL ROAD, and that the state's lease with federal government specifically forbids projects like the toll road that interfere with the park. Nice try, but I'm not an imbecile. I do know what I'm talking about here.

And finally...

- Ann Coulter does it again! OK, so this is not specifically OC. But still, she went WAY OUT OF LINE this time! The Liberal OC has more on Ann Coulter's blatant homophobia and outright hatred of John Edwards.

Now excuse me as I try to enjoy my birthday today...
And while you're at it, please do have a wild and wonderful weekend! : )

(Cross-posted at Calitics)

Friday, March 02, 2007

Will We Really Be Speeding Our Way to Trestles on the 241?

{This is Part 4 of my special report on the proposed extension of the 241 Toll Road to San Onofre State Beach (aka Trestles). If you'd like, you can read Part 1 here, Part 2 here, and Part 3 here. As the debate heats up over Trestles and the 241, I'd like to go in depth and examine all the issues involved... And I'd love for you to come along for the ride as we explore what can be done to relieve traffic in South Orange County AND Save Trestles Beach. Enjoy! : ) }



Last November, The LA Times reported that new studies suggested that extending the 241 Toll Road to San Onofre State Beach might not be panacea for South Orange County's traffic woes, as the TCA likes to suggest:

New traffic studies contradict optimistic predictions that a proposed tollway through San Onofre State Beach would eliminate much of the congestion on Interstate 5 in South County.

Most of I-5 in South County will be "consistently congested" at rush hour by 2030 even if the controversial Foothill South toll road extension is built, according to the Orange County Transportation Authority's long-range transportation plan for 2006.

The forecasts assume construction of the tollway, a carpool lane each way on the I-5 and some interchange improvements. If only the tollway is built, the study suggests, the situation will be even worse, with motorists on the interstate seeing "severely congested" conditions.


So why wouldn't the 241 Extension to San Onofre help ease South County's commute? And oh yes, what can we do to ease South County traffic? How would you like to talk to me about it after the flip? Yes, let's do...

Let's start with the proposed route of the toll road. This thing would make it easier for South County motorists to make that all-to-important trip to...
OCEANSIDE?! South County commuters are looking for traffic solutions that will ease their commute to OC's commercial centers, NOT a toll road leading through San Onofre that would take them to Oceanside. They are looking for something that will make it easier to get to the Angels game in Anaheim, and to the job in Irvine, and to that important business meeting in Santa Ana, and to that cozy French restaurant in Newport. Now wouldn't it be nice if we were actually thinking about a solution that would connect South County drivers to where they want to go?

And will the 241 Extension even be a solution that would help EVERYONE in South County? So far, the evidence does not suggest this. If anything, it only allows for the rich and fabulous, who also happen to live conveniently close to the proposed route, to ride the new 241 Extension to San Onofre and ESCAPE ALL THE TRAFFIC ON THE 5... But what about everyone else? Well, they just get stuck in gridlock on the 5. So why are we building this toll road? Just so that the privileged denizens of Coto can speed their way to La Jolla more easily?

Now that we see how the 241 Extension to San Onofre will not do ANYTHING to ease South County traffic, then what can we do? How about what I suggested earlier this week?

So if this toll road extension destroys an important wildlife habitat, puts the jobs of San Onofre park employees at risk, ruins a great campground, annihilates one of the last great unspoiled beaches in Southern California, and doesn't even do a damn thing to ease traffic, then what good is it? After all, there are better alternatives. We can connect the 241 to the 5 AND the 73 at Laguna Niguel, and avoid the San Onofre wilderness while actually connecting South County commuters to where they want to go in OC! Additionally, we can do away with the non-compete agreement with the TCA that only serve to enrich the toll road operators while doing nothing for the people of Orange County. And perhaps if we start putting into practice better urban planning in South County, we won't have to worry about losing the beautiful wild spaces that make South County living so fantastic.


So why not complete a "toll road beltway" by connecting the 241 to the 5/73 interchange? Why not create a toll road accessible to MORE SOUTH COUNTY RESIDENTS, and one that would actually TAKE PEOPLE TO WHERE THEY WANT TO GO IN OC? Why not just dump the non-compete agreements with the TCA that only prevent the state and the county from improving the freeways that all of us use? Why not invest more in the Metrolink commuter rail system that has already had some success in getting people off the congested freeways, and getting them to where they want to go more quickly, easily, and comfortably?

There are many better solutions to South County's traffic woes than this ridiculous toll road to nowhere. We have great alternatives available to us right now... So why shouldn't we speed our way to real traffic relief with these? : )

(Cross-posted at Calitics)

OC Special Election UPDATE: Trial Date to Be Set Monday

This just in from The OC Register:

An Orange County judge is expected to set a date for a trial, which should start within 10 days, to decide the contested election for the 1st District seat on the Board of Supervisors.

Judge Michael Brenner today told attorneys for candidates Janet Nguyen and Trung Nguyen to return to his court Monday to select a firm date for the trial.

Brenner also ordered county Registrar of Voters Neal Kelley to provide evidence of 200 contested ballots to both sides, said attorney Steve Baric, who represents Trung Nguyen, said.


So on Monday, we should find out when the trial of the special election recount will actually begin...
And my goodness, will all of us in OC be SO HAPPY TO SEE THIS DAMN MELODRAMA END SOON! But in the meantime, stay tuned for more as the legal melodrama continues...

The Surreal Politics of Orange County: Freaky Friday!

Here are some wild and wonderful stories from behind the Orange Curtain, and across the Land of the OC, that will make you laugh, cry, and scratch your head in total disbelief:

- Flip-flop Romney! So you still don't believe me when I tell you that Mitt Romney is not a "true believing" conservative? Then go over to The Liberal OC, and see what Dan has to say about our favorite GOP Presidential contender!

- Janet, Janet... Oh wait, no more Janet! Now that Janet Nguyen will likely be moving onto the OC Board of Supervisors, what happens to her Garden Grove City Council seat? Mike Lawson has all the scoop on who may replace her on the GG council at The Liberal OC.

- Do the other four OC Supes want to "cut and run" from Santa Ana? Art Pedroza is now worried that a couple OC Supervisors are seriously considering moving the county seat from Santa Ana to Irvine. And what would happen to the Santa Ana Civic Center, where the county operates presently? Go see Orange Juice for more.

- Overheated and Absurd? Unfortunately, my friend Jubal/Matt Cunningham at OC Blog would rather dismiss all of us as hotheads than to discuss the real problems of the 241 Extension to Trestles. So am I being "overheated and absurd" by presenting some disturbing facts about how the 241 Extension to Trestles wouldn't ease South County traffic even as it destroys one of the last pristine beaches in SoCal?

And finally...

- OC drops charges over airport profanity... Now why the hell was this person arrested in the first place?

Now ain't that SURREAL, or what?!

(Cross-posted at Calitics)

Thursday, March 01, 2007

Correa's Iraq Vote: Lou Wrote Me a Letter

Remember when I wrote a letter to my State Senator, Lou Correa, about his opposition to a resolution opposing escalation of the Iraq War? And remember when I dropped my letter in the mail? And remember when Senator Correa called me to talk about his vote?

Well, now he responded to my original letter by sending me a letter. Here it is:



Basically, he said that he appreciated hearing from me about this. Good. I always appreciate legislators who listen to the concerns of their constituents. While I still disagree with Lou's vote, I certainly appreciate his willingness to explain it to me. And yes, I hope that this is only the beginning of the good news that I will be hearing from the Senator's office from now on. : )

(Cross-posted at Calitics)

The Other Side of "The OC"

Hmmm... I just saw this at Orange Juice, and it's making me think...

Presidential candidate John Edwards likes to talk about the "Two Americas" - and here in Orange County we have a great example of this in Santa Ana. My city has some of the poorest people in the county - but we also have an upper crust that loves spending tax money on their pet projects.

For example, the Bowers Museum has been funded, in part, by the City of Santa Ana, for years. In return they have allowed the city residents to enter their facility for free, one day per month. Now they have increased their admission during the week to $17 [No, actually make it $19!!] per person. That effectively shuts out most of the city's population. And we still get only one free day in return for subsidizing the place.


So the city helps subsidize the Bowers Museum, yet all we get is ONE FREE DAY, and a $19 price tag all the rest of the time... What's wrong with this picture? Even as the Santa Ana Unified School District is having to close an elementary school and fire ninety-six teachers, and even as the city of Santa Ana still suffers from a severe shortage of parks and open space...
The Bowers Museum doesn't even have the decency to let the residents of its city see all the fine art that THEY ALREADY PAY FOR without charginf them an extra arm and a leg!

And oh yes, Santa Ana "Independent Democrat" Republican Councilmember Carlos Bustamante sits on the Bowers Museum President's Advisory Council. But I guess as long as Flip-flop Carlos feels good about "supporting the arts" on the backs of the working poor while not even fighting for their right to enjoy the art that THEY PAY FOR, I guess everything is just hunky dory here.

(Cross-posted at Calitics)

Speeding Our Way on the 241? Not So Fast!

{This is Part 3 of my special report on the proposed extension of the 241 Toll Road to San Onofre State Beach (aka Trestles). If you'd like, you can read Part 1 here, and Part 2 here. As the debate heats up over Trestles and the 241, I'd like to go in depth and examine all the issues involved... And I'd love for you to come along for the ride as we explore what can be done to relieve traffic in South Orange County AND Save Trestles Beach. Enjoy! : ) }

So much for whatever hopes the TCA had that this project could begin any time soon...

(From LA Times)

For more than a year, transportation planners have said that preparations for a toll road passing through San Onofre State Beach were on schedule.

On Wednesday, that message was revised.

Planners now say it will take at least two years longer than expected to get funding and permits for the controversial turnpike, which will complete Orange County's network of toll roads and link Orange and San Diego counties.

The Irvine-based Transportation Corridor Agencies had hoped to secure funding for the Foothill South by 2008, but underestimated the complexity of the permit process.


So what is it that's "stopping progress" on this great toll road to nowhere? Follow me after the flip for more...

So what is it that's now delaying completion of the 241?


The environmental requirements for state and federal wildlife agencies, the Environmental Protection Agency and U.S. Army Corps of Engineers are crucial for funding and eventual approval by the state Coastal Commission.


Ah, the Coastal Commission! Now why might they have issues with the 241 Extension? For starters, look at Article 3 of the Coastal Act. And specifically, Section 30223 states:


Upland areas necessary to support coastal recreational uses shall be reserved for for such uses, where feasible.


Now why should the Coastal Commission allow the 241 Extension to destroy San Mateo Creek, which is AN UPLAND AREA NECESSARY TO SUPPORT COASTAL RECREATIONAL USES?!


And oh yes, let's not forget Section 30231 of Article 4 of the Coastal Act. This states:


The biological productivity and the quality of coastal waters, streams, wetlands, estuaries, and lakes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall be maintained and, where feasible, restored through, among other means, minimizing adverse effects of waste water discharges and entrainment, controlling runoff, preventing depletion of ground water supplies and substantial interference with surface water flow, encouraging waste water reclamation, maintaining natural vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams.


Now how the hell does the TCA expect to prevent all that toxic stormwater to flow down San Mateo Creek into Trestles whenever there is rain? And oh yes, HOW CAN THE TCA EXPLAIN AWAY THE ELEVEN THREATENED OR ENDANGERED SPECIES THAT COULD VERY WELL BE WIPED OUT FOREVER IF THIS DAMN PROJECT WERE TO BE APPROVED??!! Now why, again, should the Coastal Commission violate the very law that it is supposed to be enforcing in order to satisfy the pipe dreams of the TCA?


Why should the Coastal Commission violate Section 30240 of Article 5 of the Coastal Act, which states:


(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas.


(b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.


But how can the 241 Extension be designed to be "compatible with the continuance of those habitat and recreation areas" when this would destroy the entire environmentally sensitive area? That's the major dilemma here.


However, it looks like the Coastal Act may not be the only legal dilemma for the 241 Extension. The LA Times piece this morning also mentioned the lawsuits:


In addition to environmental work, other hurdles include several legal challenges, including a lawsuit by the state attorney general's office. The lawsuit says the proposed alignment is too close to an ancient Native American burial ground.


Yes, those lovely, delicious lawsuits! (From OC Register)


California Attorney General Bill Lockyer filed two Superior Court lawsuits [on March 23, 2006] to trip up the proposed extension of the Foothill (241) Toll Road, charging it would bring about excessive noise and an ugly view to park-goers at San Onofre State Beach, as well as severely damage sacred Indian grounds.


Prominent environmental groups filed a third suit, saying toll-road officials didn't try hard enough to find a different way to ease congestion in south Orange County.


So ya still want to speed your way to Trestles on the 241? Don't count on it, buckaroo! This ill-advised toll road plan may very well DIE IN LITIGATION HELL!