May 17, 2008: This is an appeal for you to write urgently needed letters regarding AB1991. Thank you to all who responded to the first Alert; this is an additional opportunity for everyone to get involved. This Alert targets the legislature’s Appropriation Committee, the next step in the process. The Committee will hear the item on May 21st. Please fax your letters by Monday May 19th. (We recommend faxing as faxes have more impact than emails.)
What’s happening
Faced with a controversial trial court decision that arguably would have cost Half Moon Bay over $40 million, the City did not pursue an appeal but instead agreed to a settlement that would require the Legislature to exempt not just the property at issue in the litigation (Beachwood) but also the adjacent property that the developer holds an option on (Glencree). If the legislation does not pass, the City will gain title to the Beachwood property at a cost of $18 million.
Why this is important
AB 1991 would allow specific parcels of land to be exempted from the Coastal Act, CEQA, State wetland and endangered species laws and stormwater pollution prevention laws, as well as other local requirements, such as school impact fees, in-lieu park fees, traffic mitigations, and affordable housing requirements. Through amending the State Subdivision Map Act, the bill would also revive expired Vesting Tentative Maps for two properties. If the Legislature enacts these sweeping exemptions for one developer, it will establish an extremely bad precedent that developer-friendly cities could use in the future on the basis of equal treatment. The City has other alternatives to the $18 million settlement costs, including: partial development of the property in compliance with the Coastal Commission’s approval, use of the wetlands as a mitigation bank, stormwater retention area, groundwater recharge to replenish groundwater wells at nearby Pilarcitos Creek, or any combination of these. It would be far better for the Legislature to assist with funding for these wetland enhancements.
What you can do
Please FAX your letter to:
Chair, Assembly Appropriations Committee
Assemblymember Mark Leno
Fax: (916) 319-2113
Attn: Steve Archibald
Please tell the Committee that AB1991 is the wrong approach and a dangerous precedent for the destruction of our environmental laws statewide. Please urge the Committee to oppose AB 1991.
In addition, please e-mail other members of the Appropriations Committee:
Anna Caballero
Mike Davis
Mark DeSalnier
Jared Huffman
Betty Karnette
Ted Lieu
Fiona Ma (Co-sponsor of AB 1991)
Pedro Nava
Jose Solorio
Please let us know that you have written by emailing [email protected]or fax us a copy (650) 968-8431.
To see our previous alert please go to this CGF webpage.
And thank you for speaking up — your voice does make a difference!
AB 1991 Update
September 3, 2008
Half Moon Bay’s efforts to find a legislative solution to an adverse federal court decision have stalled. The City Council, facing a $40 million judgment, entered into a Development Agreement with developer Chop Keenan that would have waived all environmental laws in order to accommodate development on his 24-acre “Beachwood” property. If the bill implementing the Agreement, AB 1991, did not pass, Half Moon Bay agreed to pay Keenan $18 million, which will be due June 30, 2009. The City has been successful in pursuing a claim for $5 million incurred in costs associated with the Beachwood litigation, but is still short some $13 million. AB 1991 passed the Assembly, but stalled in the Senate due to overwhelming opposition from environmental groups up and down the state, including CGF.
Unfortunately, State Senator Leland Yee’s compromise bill, SB 863, which would have appropriated up to $10 million from Proposition 1-C funds to help the city pay for the Beachwood property and/or other nearby parkland, failed to pass out of the State Assembly before the end of the Labor Day deadline.
SB 863 had strong support from environmental groups, but ran into opposition from affordable housing advocates who were concerned that using scarce taxpayer dollars to help Half Moon Bay could affect other cities needs for parks related to affordable housing.
There is still time to pass legislation in the next session and still meet the City’s June 30, 2009 deadline. But the clock is ticking. We will keep you posted on new information as it develops.
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