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Governor Proposes "Bad-Economy" Exemption from Eco-Laws for Road Projects

From PCL Insider, 11/14/2008
http://org2.democracyinaction.org/o/5056/t/1923/blastContent.jsp?email_blast_KEY=1081918&t=


Should we try to help fix the state's fiscal crisis by pulling our punches on the climate crisis? Governor Schwarzenegger seems to be heading in that direction. His Economic Stimulus Plan, released last Thursday, calls for "environmental process exemptions" for Proposition 1B bond projects, bypassing the California Environmental Quality Act (CEQA). In essence, the Governor is claiming that the economic benefit of getting transportation and flood protection projects underway quickly will outweigh the benefits we'll get from conducting careful environmental reviews that would ensure we're funding the best projects while simultaneously reducing greenhouse gas emissions, air pollution, and other negative impacts.

As the Governor's staff explained it:
http://gov.ca.gov/index.php?/speech/10973/

"KEMPTON: Well, let me answer the first part of the question first. If you remember, back in 1994, we actually got exemptions from CEQA for much of our toll bridge seismic retrofit program. That was an emergency issue. We think this, the state of the economy, is a similar type of an emergency with respect to needing to respond to a serious problem. And so we're going to take some of the same kind of exemptions that we received back in 1994 and ask the legislature for that kind of relief. So we would identify a group of projects that would be exempt from CEQA for some period of time and then we would also ask for imposition of a permit accelerating process which will allow for early settlement of permit issues."

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San Joaquin Valley Ag-Drainage Polluters Get 90 Day Deadline for Action

From the PCL Insider, 11/7/2008

Fifty years after the Westlands Water District began irrigating drainage-impaired lands in the San Joaquin Valley, causing massive accumulation of toxic selenium and other salts in the soils and drainage water, the Central Valley Regional Water Quality Control Board (Board) has taken action to address the ongoing pollution problem. In a letter last week, http://www.pcl.org/files/CVLetterToWWD.pdf, the Board gave the water district 90 days to file for a waste discharge permit and present a plan for cleaning up the soils that have been building up salts and toxins for decades.

While federal officials knew that providing water to Westlands from the Delta and Northern California would aggravate the naturally occurring salt-loading problems on the west side of the San Joaquin Valley, the Federal Bureau of Reclamation pushed forward with the irrigation project. As a result, the Westlands area is one of the largest, most heavily subsidized, and profitable agribusiness regions in the world as well as one of California's worst environmental legacies.

The hard clay soils on the west side of the San Joaquin Valley are naturally impermeable, preventing water and salts from seeping into the earth. In many places in the area, the water table is no more than five feet from the surface of the ground. Toxics and salts from the imported irrigation water mix with the groundwater, compromising crop root systems - a problem people in the business refer to as "drainage impairment."

The Board's letter reminds Westlands that discharging toxic laden water is a violation of laws protecting the state's surface and groundwater. We're pleased to see the Board treating the drainage situation as a serious problem and hope their actions mark a turning point in efforts to clean up the area.

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How a San Francisco Sand Dune was Taken Back from Development

http://www.earthjustice.org/about_us/our_stories/she-went-for-it-and-won.html

In the 1980s the U.S. Army was turning the Presidio of San Francisco over to the National Park Service. Legislation written by local conservation activists and pushed through Congress by Representative Phil Burton directed that the Presidio, when no longer needed by the Army, would become the country's first urban national park. One of the Presidio's most notable and promising features didn't look very promising at the time. It was the roughly 100 acres along the bay known as Crissy Field. Crissy Field was an area of former dunes that had served as an Army airfield in World War I and the years shortly thereafter. It had never recovered. It was simply a large open expanse of decaying asphalt and oil crust, overgrown with whatever invasive species could grab hold in the cracks. But it was large, adjacent to the water, commanded magnificent views of the Golden Gate and the Marin Headlands, and was accessible to millions of people a year. Unfortunately, the U.S. Postal Service and the city of San Francisco were just at this time looking for a place to build a new mail facility -- a gigantic, block-like structure for the sorting and bundling of mail. To them, Crissy Field looked like the ideal place: it was already on federally owned land, so it wouldn't reduce the city's tax base; it was flat and cheap to build on; and there was lots of space around it for food franchises and the other sorts of activities that a new federal facility would bring...

for whole story, click on the link above.

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1100 Acres Added to Anza-Borrego Park in 2008

http://theabf.org/hottopics.htm

(Panorama of the historic Anza Trail through Coyote Canyon, current ABFI acquistion project. Photo by Nicholas Clapp)

It has been an amazing year for Anza-Borrego Foundation and Institute! As you may have heard, the outlook appears promising in our efforts to keep the Sunrise Powerlink from crossing through Anza-Borrego Desert State Park. We anticipate the official ruling will arrive in December and will let you know as soon as the final outcome is decided. We owe our success in this case and everything we do to donors just like you and we ask that you consider making a year-end gift to Anza-Borrego Foundation and Institute. If you make your gift right away we can match your donation! Thanks to the generosity of lead donors, we are able to stretch your donation even further by doubling the first $20,000 we receive. Please make your gift today!

Here are a few other successes from this year:

Anza Initiative – we have already added more than 700 acres in the northern wilderness area of the Park. And big news – our grant for this project was extended and another $3 million is committed to completing the project. ¨

Biological Mitigation – working with the County of San Diego, we have preserved more than 400 acres of Federally endangered flat-tailed horned lizard habitat – and will ultimately double that acreage for conservation in the Park when project concludes!

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Yet Another Bankruptcy for Placer County's Bickford Ranch Project

November 2008

California Oak Report, http://www.californiaoaks.org/


Sign of the Times
Reprinted below is a recent Sacramento Bee article regarding the latest tribulations of the infamous Bickford Ranch project, Placer County. Bickford’s financial troubles are currently shared by developers and developments statewide. The price of raw land is plummeting as developers dump their speculative holdings at fire sale prices to gain expiring tax write-offs. Many approved developments are seeking five to ten-year extensions for development agreements.

In 2002 and 2004 California Oak Foundation, Sierra Club and Audubon Society joined forces in bringing successful legal actions against Bickford, resulting in a $6.05 million mitigation payment to the California Wildlife Foundation (CWF) for the purchase of Placer County oak woodlands.

Bickford Ranch was a seminal battleground in the ongoing effort to achieve for Sierra Nevada oak woodlands the ecological deference this natural resource has always deserved. In retrospect, the go-go development period that Bickford spent engaged in legal proceedings turned out to be the difference between project success and failure:

Bickford Ranch Crashes in Bankruptcy Court

http://www.sacbee.com/142/story/1380689.html

In a vivid example of the Wall Street financial crisis hitting home, development plans for a Placer County golf course community called Bickford Ranch crashed Friday in federal bankruptcy court. Bickford Ranch, a 1,942-acre residential project in the Sierra foothills between Penryn and Lincoln, collapsed after its sole source of cash – Wall Street investment bank Lehman Brothers – imploded in September, developers said.

The community, long controversial for its potential impact on its rural foothills setting, was a partnership between Lehman Brothers and Irvine land development giant SunCal Companies. SunCal spokesman David Soyka said Friday that without Lehman's money, SunCal Bickford Ranch LLC can't finish infrastructure work or even maintain the property.

The project, initiated by Miami-based Lennar Communities, won county approval in 2001. But it was stalled for years by lawsuits. Environmental groups argued that the location on pastureland and ridges violated the county general plan, which called for preserving oak woodlands.

In 2004, a Placer Superior Court judge agreed. Later that year, the developers resubmitted their plans. Then environmentalists sued again. Eventually, the SunCal partnership, which bought the property in 2005, paid $6 million to preserve oak woodlands elsewhere in Placer County to settle the lawsuit. Though developers initially expected the first residents would move in 2006, neither the golf course nor any homes have been built.

Note: To date, more than 2,000 acres have been saved by Placer Land Trust working with CWF, the United Auburn Indian Community, and Placer County.

SunCal attorneys said the project will go forward eventually. The Chapter 11 bankruptcy filing, they said, helps find a new investor. Bickford Ranch, however, was the development firm's fourth related bankruptcy filing in California. All involved partnerships with Lehman Brothers, which armed SunCal with $2.2 billion to develop properties throughout California and Nevada.

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Lake Tahoe Water Pollution Case is Filed

On November 21st, 2008, the League to Save Lake Tahoe filed a lawsuit against the Tahoe Regional Planning Agency (TRPA) on its recently passed Shorezone Ordinance. The ordinance provides for an unprecedented level of shorezone development including more than 1,800 additional buoys and 138 new piers. The resulting additional motor boat use would lead to a major increase in pollution, increased risk of invasive species introductions, greatly elevated noise levels, and other impacts to the fragile shores of Lake Tahoe.

In order to protect Lake Tahoe from degradation, the League had no choice but to initiate litigation. We seek a plan that protects the sensitive waters of Lake Tahoe by balancing any increases in development with mitigation measures that can realistically be expected to offset environmental impacts, while assuring proper maintenance of both new and existing boats, piers, and buoys.

Thank you for your continued support to “Keep Tahoe Blue” with special thanks to those of you who have taken the opportunity over the last several years to voice your opinions to the TRPA regarding the detrimental effects these new Shorezone regulations will have on the Lake that we are working so hard to protect. We will keep you updated as the lawsuit moves forward.

Thank you.

Click here to view our press statement and the legal complaint. http://www.keeptahoeblue.org/pdfs/szone_pr_11-08.pdf

Click here to visit our website for more information on the Shorezone Plan.
http://www.keeptahoeblue.org/campaigns/Shorezone.php

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Gaviota Coast Lawsuit Filed: EDC and Other Environmental Groups Challenge Naples Development Project

On Thursday, November 20, the Environmental Defense Center, Surfrider Foundation and the Naples Coalition filed a lawsuit challenging the Santa Barbara County's approval of the Santa Barbara Ranch Project at Naples. The lawsuit claims that the County violated several important environmental protection laws, including the California Environmental Quality Act (CEQA), the California Coastal Act, State Planning and Zoning Law, and the California Land Conservation Act (better known as the "Williamson Act").

In filing the lawsuit, EDC Staff Attorney Nathan Alley noted that "The County not only ignored its own well established coastal protection policies, but also state law, in permitting a massive development project that is totally incompatible with the rural Gaviota Coast." The EDC has represented Surfrider Foundation in its efforts to preserve Naples for ten years. "The County clearly crossed the line when it ignored important State laws protecting coastal and agricultural lands," observed Alley. "Our lawsuit demands that the County rescind its action, and carefully examine the project and its impacts."

The Santa Barbara Ranch Project would allow development of 71 homes of approximately 7,500 to 10,000 square feet each, plus several accessory structures such as barns, cabanas and guest houses, an equestrian center, agricultural support facilities, water supply facilities, and three wastewater treatment plants. The project would result in the permanent conversion of hundreds of acres of agricultural lands, more than 200 acres of important wildlife habitat, and would require a re-zone of the property from agriculture to residential use. ...

for the full story and legal brief: http://edcnet.org/
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Voters in the City of Buellton Approve an Urban Growth Boundary

On November 4, 2008, an overwhelming majority of voters in the City of Buellton approved Measure E: the Buellton Urban Growth Boundary (UGB) Initiative. As the Ballot Argument in support of the UGB Initiative stated:

Measure E, the Buellton Urban Growth Boundary, promotes democracy and civic engagement by giving voters the right to decide whether Buellton expands beyond current City limits. Measure E complements the Buellton 2025 General Plan, which describes the City's unique small town character and agricultural surroundings.... Measure E does not affect the siting of schools or public parks on lands adjacent to the City, and it does not change how any planning decisions are made within the City limits. In fact, Measure E encourages revitalization of the City center.... Measure E ensures that the people of Buellton play a key role in determining the size and character of our community for the duration of the Buellton 2025 General Plan.

Once it is in effect, the UGB Initiative provides that voters in Buellton will have the ultimate say on whether the City annexes new land for development.

EDC was hired by Buellton Is Our Town to write Measure E and to shepherd it through the complex voter initiative process. Members of Buellton Is Our Town did the heavy work as they gathered signatures to qualify the UGB Initiative for the ballot and waged an energetic, upbeat campaign to explain Measure E to the voters in Buellton.

In the end, more than 68% of the Buellton electorate endorsed the UGB Initiative; and more than 76% rejected a "competing" ballot initiative sponsored by the City Council.

Now the people have spoken, and for the immediate future they have taken responsibility for the growth and prosperity of their City. EDC gives a heartfelt congratulations to everyone involved - we are proud to have been a part of this historic effort.

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It's Planting Season at the Golden Gate National Parks

web: http://www.parksconservancy.org

from 12/2008 e-newsletter

It's Planting Season in the Parks!
Help us restore native habitat in the parks! Our Native Plant Nurseries (http://www.parksconservancy.org/our_work/native_plants/index.asp) have grown nearly 135,000 plants and now it's time to get them in the ground before the rainy season ends. We have ongoing restoration projects throughout the parks where we could use your help. Individuals and groups are welcome. Learn more... http://www.parksconservancy.org/help/volunteer.asp

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Sixty-mile solar panel corridor proposed in Riverside County's Desert

(CLICK ON MAP TO ENLARGE. Map is from the state's website, http://www.energy.ca.gov/reti/documents/index.html. NOTE: this map does not show the 60-mile Riverside solar proposal)

color shading on map shows:
GREY: Competitive Renewable Energy Zones
BLACK: Protected wilderness areas--no projects allowed
YELLOW: Public parkland and environmentally sensitive private lands
PINK: existing wind energy proposals
ORANGE: proposed solar projects

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Plan would make valley renewable energy leader

By Erica Solvig • The Desert Sun • November 16, 2008

http://www.mydesert.com/article/20081116/NEWS07/811160349

Imagine a sea of glass lining the 60-mile stretch of Interstate 10 from the edge of Joshua Tree National Park to Blythe.
That's what's being envisioned in a statewide renewable energy plan that identifies sections of Palm Springs, Twentynine Palms and eastern Riverside County as key for California's solar and wind development.If ultimately approved, it could propel the Coachella Valley — already home to geothermal and wind energy — to the forefront of the state and the nation's renewable resource efforts.“Renewable energy is big in this valley,” Riverside County Supervisor Marion Ashley said of using the valley's resources.“It creates jobs to build and then creates a tax base and it's giving us new energy and reducing our reliance on foreign oil.”The plan, still in draft form, identifies 37 zones as key to the state's efforts to boost renewable energy development across California.The three local sites rank as the best options — economically and environmentally — and when combined would generate 6,748-gigawatt hours per year.That's about a tenth of what is needed statewide for energy-hungry California to meet its green goals.While many locals praised the idea of broadening the valley's green energy base, some concerns linger.To get the new, green energy onto the grid, transmission would have to be expanded.State officials handling the energy plan have just started tackling the issue, but some worry that covering large chunks of untouched desert is unwise and that officials should consider breaking it up over larger areas.“We don't want inappropriate (locations),” said Joan Taylor, head of the local Sierra Club.“It could give a black eye to renewable energy.”Renewable energy goals Gov. Arnold Schwarzenegger has pushed to increase California's renewable energy sources to 20 percent by 2010 and to 33 percent by 2020.In an effort to identify areas to build the necessary wind turbines and solar panels, a coalition was formed from publicly owned utilities and the California's Public Utilities Commission, Energy Commission and Independent System Operator.The group — known as the Renewable Energy Transmission Initiate (RETI) — has embarked on something similar to what cities do when they create master plans.Officials are identifying key locations for green energy development, weighing the economic and environmental concerns and then prioritizing them.Their hope: By laying the groundwork, energy developers will be encouraged to build here.“If it can speed the application and review process, we can get renewables online faster,” said Jim Bartridge, a transmission planner with the initiative.In a draft report released this month and up for public review through Wednesday, RETI officials identified three local areas — wind development in Palm Springs and solar development in Twentynine Palms and the “Riverside East” zones — among the best bang for the buck.The idea is drawing the interest of local stakeholders who want to ensure the development right.Riverside County Supervisor Roy Wilson's office also is studying the RETI plan and is considering sending a letter before Wednesday's comment deadline.Many of the sites align with an existing map created by the federal Bureau of Land Management that identifies federal land that would be prime for green energy development.
It's not known how soon the area could see the wind and solar plans projected on the map.The state and federal officials have memorandums of understanding in place that would allow energy corridors to be built on BLM lands.According to the BLM, the Palm Springs regional office already has 19 solar and four wind applications pending.Despite the obstacles that may lie ahead — including costs and fights over locations — Ashley said compromises must be made to develop the vital green industry.“If they work at it, they'll find a way,” he said.“We have to start doing this.”

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With state officials finalizing a report naming key zones for green energy, a possibly larger fight looms:

The battle over where to place transmission lines.
Officials say the transmission issue will be studied in the next phase of state Renewable Energy Transmission Initiative's analysis.
Traditionally, transmission issues are the biggest barriers to developing green energy.
While the Interstate 10 stretch of eastern Riverside County didn't rank as high environmentally as some other areas, experts noted in the report that other transmission projects aimed at linking the areas already are in the works.
Notably, officials mention Green Path North, a Los Angeles Department of Water and Power proposal to build a transmission corridor through local wildland preserves that has angered Desert Hot Springs and the high desert residents.
Sierra Club's Joan Taylor said she is pro-solar if it's “the right kind and the right place.” But she argued that planners should look at land that is already disturbed instead of “pristine desert.”
“Does this really reflect what's best for the consumer?” she said. “The consumer is going to wind up paying for these big transmission lines, one way or the other.”
But, transmission planner Jim Bartridge pointed out, such environmental concerns are being weighed.
“We're concerned about sensitive areas throughout the state,” he said. “We're trying to avoid those.”

STATE AGENCY WEBSITE ON THIS PROJECT:

http://www.energy.ca.gov/reti/index.html

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The Latest News on New Parks in the Southern San Joaquin Valley;

And Some Loose scraps on Tejon Ranch

State eyes 2,300 acres in Exeter for new park; public meeting Wednesday; also studying 60,000 acre park at Tejon Ranch; 11/17/2008

http://www.visaliatimesdelta.com/article/20081117/NEWS01/81117011/1002

11/15/2008: To the surprise of local officials, California State Parks is holding a public workshop in Visalia on Wednesday to discuss the creation of three new parks in the Tulare basin:

A 2,300-acre park at Rocky Hill in Exeter that would celebrate Native American culture.

A 1,000-acre park at Deer Creek south of Porterville.

A 500-acre water trail park on the Kings River in Fresno County.

http://www.fresnobee.com/columnists/griswold/story/1015782.html

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Pictures of Tejon Ranch from a travel blog:

http://www.california-travel-blog.com/california-travel-blog/2008/10/12/tejon-ranch-ca.html

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Water agency strikes deal with Tejon Ranch

9/25/2008: PALMDALE - Drought conditions and other circumstances have forced water purveyors in Southern California to wheel and deal everywhere imaginable to service their customers.

In response to this year's water shortage, Antelope Valley-East Kern Water Agency board members on Tuesday night unanimously approved a memorandum of understanding with Tejon Ranch Corp. for the transfer of 8,393 acre-feet of supplemental water that Tejon Ranch had purchased as backup but does not need anytime soon.

http://www.sfvbj.com/article.asp?aID=04356825.1467909.1686100.390602.7152601.051&aID2=129691

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The latest Tejon Ranch propaganda:

http://www.tejonranch.com/conservation/cons_partnership.asp

http://www.tejonranch.com/index.asp

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Tejon Ranch’s stock is trading at close to half its price when the April 2008 enviro-deal was announced; today it’s around $25; when the deal was announced it was $45

http://quote.morningstar.com/Quote/Quote.aspx?ticker=TRC