Wednesday, March 11, 2015
Pacifica hwy 1 widening lawsuit dismissed. Good guys won
Minutes THE PETITION FOR WRIT OF MANDATE ALLEGING VIOLATION OF CEQA, PUBLIC RESOURCES CODE SECTION
21000 ET SEQ. AS A "FIRST CAUSE OF ACTION" IN THE SECOND AMENDED COMPLAINT AND PETITION IS DENIED.
** **.
THE COMPLAINT SEEKING INJUNCTION AS A "SECOND CAUSE OF ACTION" IN THE SECOND AMENDED COMPLAINT
AND PETITION IS DENIED, AND ADJUDICATED IN FAVOR OF DEFENDANTS.
** **.
WITHIN 30 DAYS OF THE DATE OF THIS ORDER, DEFENDANTS SHALL JOINTLY PREPARE AND SUBMIT
DIRECTLY TO DEPT. 2, AND SERVE UPON ALL PARTIES WITH A PROOF OF SERVICE FILED WITH THE COURT, A
PROPOSED STATEMENT OF DECISION PURSUANT T CRC RULE 3.1590(F).
ENTERED BY TERRI M ON 03/10/15.
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the winners--trans authority, city and caltrans lawyers--- write opinion with judge approval, which she will sign. Claims agst widening denied.
Opponents can appeal, but that will be a serious waste of everyone's time and permit a dangerous congested hwy section to remain a problem for way too long.
Posted by Steve Sinai
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61 comments:
About time. Now let's pave over Lovey's Tea, Prime Dip and the Veterinarian's so we can show what a pro-business town we are.
OH! This is Terrible News! But John Keener said that he would vote against Highway Widening, and Mary Ann, Karen and Sue Digre will follow along. I'm confused!
Now council has to move forward and vote to request funding. Lovey's, Prime Dip, and the owners of the highway strip have known for years that they are on highway right of way. The vet isn't going anywhere as is the case for the rest of the east side businesses. Misinformation should just remain where it belongs, Washington D.C.
How much did this cost the Pacifica Taxpayers. The city should promptly go after Loeb and his goons for all this money.
Of course the highway 1 plan will never happen as the money and caltrans will go away, and Pacifica will be stuck with an unsafe crappy highway going through town.
Opponents can appeal, but that will be a serious waste of everyone's time and permit a dangerous congested hwy section to remain a problem for way too long.
Peter Loeb has been doing what he knows is best for Pacifica for over 30 years. He will appeal this, Watch!!
Agreed, Pacifica should go after Loeb and his NIMBY goons for the money he has cost us taxpayers.
Unfortunately what will probably happen is he will go after us to reimburse his expenses.
He's in the same league as Plater and that's what he does for a living.
Safety Sam...
Actually, no, council doesn't have to move forward and vote to request funding.
It is time though to finally have council address the issue that they have put off discussing with the public for so long. And possibly even a public vote. (Based on the recent election, which favored the "no on highway widening candidates" would be interesting to see how this would go.)
And, to note, it is the public's, right as citizens to speak out against projects that they believe don't follow law, even if they are speaking out against governmental agencies (CalTrans and possible violations of CEQA law). The city did not need to spend any money to "fight" the lawsuit, which was against CalTrans. It was the city's decision to do so.
There's the mindset! CEQA violations. Ah, excuse me, didn't your frivolous lawsuit get dismissed! You got ZERO! Go away and let this town heal a little and get a dangerous section of highway fixed.
Even Maybury is silent !! The hwy 1 widen opponents lost the entire case.
1108 Meh. I don't think they see it as quite the cataclysmic event you do. Please do chortle and chirp. So few reasons for anyone to do so in Pacifica and it's when you are your most charming.
11:08
The Riptides and the Noobees are planning the appeal.
An appeal. How obvious. Right out of the playbook. They lost. They're arguments were dismissed by the judge. Appeal on what grounds?
The judge was very adamant about proceedings moving along in such a way as to preclude an appeal. Stop and let us fix the Hwy. Jeez.
well, lawsuit was a 19 month delay in fixing hwy 1. A couple of more months until appeals deadline expires and opponents have to fish or cut bait. In the meantime, contrary to their self-serving chest beating, opponents were handed a 100% loss. Maybe, just maybe, its time for this town to move forward....
You all do understand that this doesn't correlate to the City Council now moving forward with the outrageously bad plan to expand the highway, right? Right? Good common sense will prevail, when Council finally publicly discusses this project and listens to the broad group of people that feel widening is bad for Pacifica.
hmmm, a correlation formula-- opponents tricked up the delay with litigation, that they have now lost. If opponents were so confident of success straight up, they would have stood down on the lawsuit and brought the issue unencumbered to council 19 months ago. They did not. They flayed away to no gain. The issue will go to council when the litigation delay is abandoned. Then the thousands of residents stuck in this bottleneck will get relief...
Poor old council. They're going to get pulled apart like warm bread on this one. Save yourselves--put the issue before the voters. It'll be better for you if you make the first move.
105, everyone in this city is "pulled apart like warm bread" (your words) by ongoing NIMBY obstruction. Government has considered fixing this highway for 30 years. Fully vetted studies and public process have occurred over 10+ years. Two (2) recent anti-highway widening lawsuits against this project have failed and been dismissed.
Running out of time to fund this highway 1 widening project, now you appeal for a future civic vote (another delay), really? How shall we vote: 1) to fix the problem with the known solution as proposed, or 2) never do anything ever to fix anything in Pacifica, again.
Every time another city inadequacy surfaces, some of us affected think of all your NIMBY nonsense (not kindly).
Yawn
10 years from now we will be having the same argument.
Nothing gets done in Pacifica.
The city hasn't fully updated the general plan since the 1980's.
That explains it all.
The Hippies won, the residents lost.
a vote on changing Vall school start time to 9AM makes more sense
Hippies win because it's a hippie town.
The Gang of No better be careful, they might finally wake the people that are affected by that Highway. Wouldn't that be a scream, those of us that work and are affected by that strip of highway might come out in droves. People are getting fed up with this no nothing attitude of the gang of no.
The Highway 1 widening clearly is a very polarizing issue. In my own home both my Wife & Daughter (who commute daily) are against the widening. I personal am on the fence,I think that we need to improve the highway but I believe the current Cal-trans plan is over kill and that the stated goals could be met with a less ambitious plan.
City sponsored Public hearing are in order. Council needs to hear from the public about what it wants and the Public needs to know exactly what can and can not be changed during the design phase.
Public hearings have been held and lawsuits have been dismissed.
It's time for Council to vote.
Tom; I am a little curious as to what times your family members commute.
Mary Ann, Karen, Sue and Greener will all vote NO.
Highway 1 will never happen and the money will go to a more deserving city.
Times, they are a changing! People are getting tired of every other city on the peninsula growing and thriving and our band of eco-radicals stopping an improvements to this town. Enough is enough. Fixing an unsafe highway will not bring to extinction any bug, bird, bush, frog, snake, or our way of life. Fix the damn highway.
Chris, My Wife leaves the house Around 7:00 A.M. and returns around 5:00 P.M. My Daughter Leaves around 7:30 A.M.and returns around 6:30 P.M.
Lot of Pacificans don't see widening the highway as part of the growing and thriving process Harry Hawk mentions. They're also not keen on being anything like cities on the Peninsula and they do see a widened highway as a threat to the way and quality of life they enjoy in Pacifica. Many of those people are regular commuters on that highway.
Council claimed public meetings had to be delayed until after the lawsuit was decided. It's time. Let's have those public hearings followed by an informed council vote.
hwy 1 opponents have lawyers who will not get paid if they accept a loss. I figure they expected a $500K payday. Figure an appeal to salvage something? Then if so, no council hearing as this drags on some more..a lot more.
Wheels of the legal system turn as slow as summer weekend traffic on 1. Opponents to widening wouldn't have to drag it out too much longer to make putting it on the ballot an obvious no-brainer, and democratic solution. Not this year and not a special election. The November 2016 election s/b a high turnout doozy. Make it Hilary, Jeb and the Highway! Oh and Nihart and Ervin. Come out, come out girls, wherever you stand. Toss in an old eco-warrior or two. You pro-highway standard bearers better bring your A Game to that one.
Delay, delay, delay. The play by play plan that the opponents of fixing the highway inflict on those of us that work for a living and are stuck in that mess. They've used the same play book on every single opportunity Pacifica has been presented. Personally, my wife and I are getting a little long in the tooth and I'd hate to have my last view be that of being stuck on the highway trying to get to help.
Hence the name Gang of No. No cooperation. No concern for safety. Pure delay and sabotage...
Hwy 1 widening is environementally sound. It meets all enviro laws. The Judge says so. That's why opponents lost their entire case. Now what are they complaining about??
Still not a word from Maybury and the Noobees over on Riptide? Has anyone asked Peter Loeb for an explanation?
I'm sure the wise sage that Loeb is will check in via a Trib story. Should be interesting what spin they put on this 100% loss. "We lost which means we won". We need the highway fixed. Safety is compromised everyday and our emergency responders are delayed. It's been 30 years, fix this!
This observer accepts Geezer Gary's reference to himself and his wife as rebuttal to Tom's reference to his wife and daughter. Score is tied on family member testimony. Good to see "before I die" used by Geezer. It has universal appeal because we're all getting old. Run with it, people. The safety angle is a little low on air. Not much bounce. Still, it could provide immediate refuge for a cornered politician or three. Just about long enough to get out of the building.
Carl predicts Loeb will spin it with "We lost which means we won." Where and when have we heard that one? Here and last November. Unlike the election, the highway battle ain't over.
Chris Porter - there have not been public hearings about the highway widening. City Council repeatedly stated that they couldn't meet (though they could) due to the pending litigation. The time is long overdue. The time is also overdue for trying a mix of alternatives before embarking on the CalTrans proposed destructive project that will allow people to buzz right through Pacifica.
404 Some Council members hoped no one would notice or that people would assume they must have been held because it's such an important issue. The passage of time is a politician's best tool when dealing with controversy or screw-ups.
will the Gang of No speak the truth in a public hearing? Will they admit the lawsuit that tied up the widening for 19 months was a failure? That the judge found in favor of the widening? That the project meets all required Calif environmental rules??
Bummer, dude.
542 Judge ruled against them. That's a fact of which they're well aware. But they've never put all their eggs in one basket. And that ruling has nothing to do with the deep opposition of many, probably most, Pacificans to widening the highway.
Why didn't the city counter sue Loeb and his goons for all the wasted taxpayer money used to defend against this lawsuit?
Is our city attorney at all competent?
"opposition of many, probably most". Now there's a scientific poll. Right up there with Pew research. This is all they got. 100% loss. Live with it and let's fix the highway.
While sitting in commuter traffic, belief and wishful thinking 1123, you might notice that the Highway 1/Calera Parkway 1.3 mile area funnels traffic from many areas. Carl has the scientific answer, studied and proven by the County and CalTans (our State road builder).
Thus, the 10-30 year time for belief and wishful thinking is coming to an inconclusive end. Finally moving forward, as reality Carl says, "...let's fix the highway."
7:17
Along with the many signatures on the petition signed by people in Oakland.
Sorry anonymi, but there were public hearings held at the Community Center with Cal Trans present. I remember quite distinctly because my now friend, Sabrina Brennan insulted me that day. Let's vote and move forward.
Sorry Chris Porter, but that hearing at the community center was a Caltrans hearing, it was not a city of Pacifica hearing. The Pacifica Planning Commission or City Council has never held a public hearing about the Calera Parkway project.
see, you gotta have the right hearing. The hearing has to be dominated by opponents; allow them to rehash old arguments the judge discarded; make accusations out of thin air; always claim new studies are needed (signal timing anyone??) Have their way...
Then they bravely claim their merry band represents the will of 40,000 people, plus thousands of other coastside commuters. How Berkeley can we be??
Does it matter who hosted a party if all the same people were there, having the same discussions and asking the same questions no matter where it was or who organized it?
Serial moronic exchanges. This is why we need a public vote. The issue is that big. Pacificans need to have their say at the ballot box. The morons from both sides will cancel out one another and we'll be left with the will of the people, whatever it may be. Scary stuff.
1216 Damn! It's all about the guest list. If that isn't the best description of lack of transparency in Pacifica. Wow. Intentional, right?
Caltrans held their own public hearing, then approved their own project. That's like a developer proposing 350 houses in the quarry, conducting his own public hearing, then approving his own project.
At least with a public vote, you'd know that the city and its citizens decided, not the developer.
Gang of No losers pay city back for legal fees first! And Caltrans and County Trans Authority...
Good grief!! There were two long and well-attended sessions, and there was no "guest list" - anyone who wanted to attend could attend. In other words, they were public meetings! The public was invited to ask questions (verbally and in writing), which many people did. (The submission period was even extended by about a month, as I remember, at the request of opponents, so that more questions and comments could be submitted.) All of the written questions and comments were then addressed in the EIR. And the court has now dismissed claims that the EIR was either faulty or insufficient. What more do you want? (Maybe 11:44 just nailed it?)
115, 139, the last public highway 1 improvement meeting held was by Caltrans, which completed the DEIR studies for widening. To my knowledge, that meeting was held in partnership with San Mateo County and the City of Pacifica.
But, since you like the public vote process to run your "no progress" end games, when did we have the vote to spend 18 months replacing the San Pedro creek bridge? Short answer: no vote. Further, thankfully no such special city, idiotic, out-of-process votes are needed. And hence, hopefully the State will fix their highway through Pacifica.
San Pedro Creek bridge replacement. It is interesting how much "environmentalists" (aka: NIMBIES in Pacifica) have complained about the resulting traffic and project delay (needed to protect spawning fish, etc.).
Fortunately, once highway 1 is widened, NIMBIES will not be able to use "traffic" as an anti-quarry development weapon, as they did with the 2006 and 2002 mixed-use, economic development project votes. Remember bringing-in all your regional buddies to rally against that one-- all so Pacifica could have "nothing" (the usual substandard state of the economy here)?
March 16, 2015
Pacificans for a Scenic Coast Await Final Judgment
The judge has issued a tentative decision in the case. Under CRC Rule 3.1590(b), the tentative decision does not constitute a judgment and is not binding on the court. Pacificans for a Scenic Coast can’t comment until the final judgment is rendered.
Peter Loeb, client representative, Pacificans for a Scenic Coast
Meetings were held in Pacifica regarding the Highway 1 widening at the Community Center and all sides attended. I don't think many people have changed their side. Let's take a vote City Council.
In order for the project to move forward, the City Council must vote to request the San Mateo County Transportation Authority allocate $4 million for the final design. In order to do that, the item will have to be agendized at a City Council meeting. City Council members promised to hold public hearings after the lawsuit was decided.
Peter Loeb speechless. Priceless...
615 Priceless? I hope you were being sarcastic.
I find it funny Peter Loeb was constantly shooting off his big mouth about the lawsuit and caltrans during both lawsuits. Now he is silent.
What a turd.
722 You woke up with that? Sucks to be you.
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