Halloween Massacre at China Cove

Bet you thought that title was some kind of joke. Unfortunately not:



Akin to what occurred in West Newport when some reprobates decided to bulldoze the dunes, someone has hacked away a fair amount of vegetation by the beach at China Cove, including native plants.

Word has it the Newport Beach Police have apprehended the miscreant. Could it be the same guy that’s been chopping down trees elsewhere, including Costa Mesa parks? Is he just a spoiled brat who feels he has the right to alter public property to suit his convenience and/or enhance his own property value? News flash chainsaw man: You are not the center of the universe.

It’s hard to understand what this jerk was thinking. Were the plants blocking his view? One would think that any views blocked by the massacred plants would also be blocked by Kerckhoff Marine Lab.

What was next on his agenda? Was he going to dismantle Kerckhoff and burn it piece by piece in the fire rings? Oh. Wait. Council Member Gardner’s getting rid of those.

Never mind. If some predictions as to climate change are to be believed, it will all be under water in a few years.

You Could Look It Up

Like Samuel Pepys, I find myself inspired to write in spurts, only to abandon the effort for periods of time. Here’s something to get the juices flowing: Went to the Costa Mesa City Council meeting instead of just watching an item or two on-line. Still shaking my head.

I love that the public takes advantage of opportunities to participate. Often speakers at the podium dispense much needed wisdom, but why do these folks feel compelled to pontificate about that of which they are ignorant? Sure, I pontificate, but try to do my research, though admittedly through the prism of my own prejudices, like most people. But some just seem to expound out of thin air.

Example: At the last City Council meeting, elimination of the City’s Park Commission as a separate body was considered as a “cost-saving” measure, though the City would have saved $3,500 a year at most and possibly generated additional costs instead. For context, bear in mind that Costa Mesa Planning Commissioners are by far the highest paid city planning commissioners in Orange County, receiving $400 a month, even if they attend only one thirty-minute meeting for the entire month, even if they don’t show up at all.

At the Council meeting it was asserted that a park commission was “fluff”, whereas a planning commission was required “by law”. No one corrected this misinformation at the time, so here goes.

Both have the same standing. Both are included under the Costa Mesa Municipal Code and neither is required by any State or Federal law. State law does prescribe responsibilities of a planning commission, if there is one, for example, “When the city or county has a planning commission authorized by local ordinance or resolution … the commission shall … “ (Government Code Section 65353 (a)), but whether or not there is a planning commission is optional.

State law says “The legislative body [that’s the City Council] may create one or more planning commissions… (GC Sec. 65101(a))”. And “When there is no planning commission…” (Sec. 65861).

In fact, the City of Villa Park right here in Orange County has no planning commission.

So, if they were really serious about saving money, the city council could not just cut the more-than-generous salaries of our planning commissioners, which a majority declined to do, they could actually eliminate the planning commission.

Let me hasten to add that’s a step I don’t advocate. I believe all of our commissions and committees serve a useful function, though at least one is overpaid in the extreme.

Panic in Needle Park

Bailing out reckless, greedy, and probably criminal, wheeler dealers is hideous. But it would be even more hideous to see those who’ve been hard-working and careful lose their life savings in a nationwide financial meltdown. We face, in the words of Senator Tom Coburn, M.D. (R-OK), “the greatest financial risk and peril this country has ever seen.” According to Senator Chris Dodd (D-CT), “There is a crisis in our country … Our economy is on a precipice … and we must do what we can to move it back from that brink”.

October 3, the Emergency Economic Stabilization Act of 2008 (HR 1424) aka the $700 billion bailout, was approved by the House of Representatives and signed into law by the President. I should be relieved. My IRA and 401(k) are safe, at least for the next week or so. But somehow I feel like I just bought a boatload of cocaine for a mob of crack whores—and so did you.

The full text of HR 1424 is 451 pages long. But only about a quarter of that (112 pages) actually addresses the “Troubled Assets Relief Program” (TARP), i.e. the mortgage meltdown, and related provisions. Despite our “financial peril”, our economy “on a precipice”, the folks in Washington found time to add over three hundred pages of special tax breaks and other programs to a bill that will already burden the taxpayers to the tune of $700,000,000,000.

Why bother to openly debate a comprehensive national energy strategy when you can just tack a 148-page “Energy Improvement and Extension Act” onto the Emergency Economic Stabilization Act. The bill has tax credits and/or allowances for everything from wind energy, insulation, and plug-in cars to oil refineries, coal, and tar sands.

There’s more.

There are pages and pages of special tax breaks. Some of these seem fair, such as those addressing costs generated by natural disasters. Others are shamelessly opportunistic, including provisions for the film industry, racetracks, the wool research fund, and “wooden arrows designed for use by children”.

What a generous people we are! Even in a crisis, we provide for the poor starving film industry and auto racing. And of course, whose heart doesn’t leap at the sight of children playing with their wooden arrows? Especially those who manufacture prosthetic eyeballs.

Wait! That’s not all.

There are provisions for revenue sharing with states and counties with large amounts of federally owned land and the Merchantable Timber Contracting Pilot Program. Guess the lumber lobby has a lot of pull. Lost in the middle of all this is the Mental Health Parity and Addiction Equity Act, which constituted the original HR 1424, before it got hijacked into the bailout bill.

To balance out this binge of spending and tax credits, there’s also all of nine pages of “spending reductions and appropriate revenue raisers for new tax relief” which primarily address taxes on deferred compensation.

What were they thinking?!?

Even if our economy is not completely broken, our system is. What were these Senators and Representatives thinking? Is the U.S. Congress so morally bereft that even a bill to address a worldwide economic crisis is just another opportunity to load up on pork?

Is the crisis really real? Could our economy be so close to collapse that lobbyists and Congressmen saw HR 1424 as their last chance to pick the carcass clean? Have we elected the sort of people who would rifle through the pockets of accident victims looking for cash and credit cards?

Maybe they’re so addicted to pork, they just can’t help themselves, like junkies who really intend to use that welfare check to pay the rent, really intend to buy food for the kids, but always end up in the shooting gallery.

Is this the best America has to offer?

Last Chance!

Today, October 2, is your last chance to submit comments regarding the southerly extension of the Foothill Tollway (Route 241). Comments by snail mail must be postmarked as of today and addressed to:

Thomas Street, Attorney-Advisor
NOAA Office of General Counsel for Ocean Services
1305 East-West Highway, Room 6111
Silver Spring, MD 20910 .

Comments may also be e-mailed to gcos.comments@noaa.gov.

Let’s hope the Secretary of Commerce has a better sense of geography than the numerous members of the Foothill/Eastern Transportation Corridor Agency board who testified at the public hearing. For some reason, numerous elected officials from cities like Dana Point, San Juan Capistrano, and Laguna Niguel seemed to believe that they had no means of evacuation in case of emergencies except the Highway 5. Did Coast Highway/El Camino disappear? Do folks in San Juan Capistrano not have access to the Ortega Highway of the San Joaquin Hill Transportation Corridor—built by the very people who now seem to have forgotten its existence?

Also failing Geography 101 were elected officials from cities like Anaheim who said the corridor extension was necessary to provide access to Riverside County if the 91 became inaccessible. Pretty strange, since the 241 would connect to the 91 within Orange County, where parallel routes are provided by La Palma and Santa Ana Canyon Road, doing nothing to eliminate the bottleneck through Santa Ana Canyon west of the 71 and, further east, Highway 15, which are also conveniently forgotten.

Even more strange was a member of the Orange County Board of Supervisors who maintained that San Diego would be cutoff from goods and services from the rest of the United States, if something happened along the 5.

WOW! Somebody buy these folks an atlas.

And get your letters in. NOW.

When told that the peasants were revolting, the king sniffed and replied, “They most certainly are!”

Why do so many “public” officials seem so uncomfortable with the public in general? Locally, some council members merely go through the motions during public hearings, alternately acting bored, impatient, and contemptuous. But at least all members of the public have an equal chance to speak—even if council members aren’t all that interested.

That isn’t the case in all “public” hearings these days. For example, at California Coastal Commission hearings, anyone holding an elective office may speak before us mere mortals, giving the term “first among equals” a whole new meaning. But it’s not equal either. Elected officials get extra time.

It doesn’t matter what office you hold. If you manage to get elected to the Happy Camp Community Services District Board in Siskiyou County, your testimony on endangered birds in San Diego is way more important than that of any local resident or even renowned ornithologists. Who cares if you’ve never been south of Los Angeles?

Some Are More Equal Than Others

The National Oceanic and Atmospheric Administration (NOAA) has taken this to a whole new level. After receiving masses of requests to hold a public hearing before making a decision on the southern extension of the Foothill/Eastern Transportation Corridor/State Route 241, NOAA scheduled a hearing for Monday, September 22, at the Del Mar Fairgrounds. This was over the protests of the Transportation Corridor Agencies (TCA) who wanted to exclude the public.

As stated in NOAA’s published guidelines: "… no testimony or presentation by either TCA or the Commission is anticipated or requested, as the purpose of the hearing is to solicit public comments. If, however, either party chooses to appear, it will be allowed three minutes to give testimony. "

Now that NOAA has issued their speaker schedule, we see find that 134 elected officials and representatives of organizations will be afforded four minutes each to speak with an estimated twenty (20!!!) members of the general public allowed up to three minutes each, though over five hundred members of the general public submitted requests to speak. So much for soliciting public comments.

Who are the priority speakers? Well, there are fourteen members of the Transportation Corridor Agencies (TCA) boards, plus TCA chief executive Tom Margro, for about an hour of TCA testimony, assuming four minutes each.

What organizations are represented? There are many recognized groups, such as environmental groups, Native-American tribes, labor unions, and business associations.

A Parody of Public Participation

In addition, NOAA is also considering private businesses to be “organizations”. Thus CH2M Hill, design manager for the proposed tollroad, gets priority speaking privileges as an organization. Wonder if they’ll be billing for their time at the hearing.

Other “organizations” include Rancho Mission Viejo/Tony Moiso, a cable television company, a magazine publisher, and an attorney whose “organization” consists of his own small firm.

Boy do I feel silly. I could have slapped my speaker request on business letterhead and had a priority speaking spot. But it wouldn’t have been right.

It wouldn’t be been the only thing not right, though. NOAA seems to have sought a way to satisfy both the TCA, who wanted to stop any hearing, and the thousands of California residents who wanted a hearing. NOAA will hold a “public” hearing while denying meaningful participation by the public in general through a system of speaker priorities.

But I’m still going.

Got Rats?

This Saturday, August 23, the Orange County Animal Shelter will be having a special cat adoption day they are calling Catopia . Between 10 am and 3 pm they will be giving a free cat carrier, free spay/neuter and other special incentives to anyone who adopts a cat from the shelter.

The shelter is located at 561 The City Drive in Orange. They have a variety of cats, not just the proverbial alley cats, but some pretty fancy ones, too. There will also be special children's activities.

You may find the purrfect addition to your household.

Nonpartisan My Aunt Fanny

Nearly one hundred years ago California voters, sick of government corruption and ineptitude at all levels, enacted a series of reforms intended to make government more responsive and less corrupt. These included provisions for intiative, referenda, and recall, as well as nonpartisan election of judicial, school, county, and municipal offices, a provision still in the California Elections Code .

But that doesn’t matter to powers that be in the local GOP. Monday night, August 18, the Orange County Republican Central Committee voted on their first round of endorsements for local races in the county.

They endorsed all Republican incumbents seeking re-election, something they have done pretty routinely in the past. Hey, weren’t the Republicans the ones who were so hot on term limits a few years back?

But that was different. That was to get rid of Democrat Willie Brown. No sauce for the gander here.

“Early endorsements” were also bestowed on a few anointed non-incumbent candidates: Gary Monahan and Jim Righeimer in Costa Mesa, Don Hansen protégée Devin Dwyer in Huntington Beach, and John Campbell staffer Lou Penrose nee Luigi Rossetti, Jr. in Dana Point.

This was outside the normal vetting process, basically rubber stamping the directive of county chair Scott Baugh and the big boys with the big bucks via the endorsing committee. Presumably qualifications include close alliances developed with Mr. Baugh over drinks and cigars at Gulfstream.

Look for the Orange County party and Lincoln Club to pony up for the Chosen Ones. Be aware that funds you may contribute to the GOP at large may or may not go to electing a Republican president, governor, or senator, but may be spent right in your own back yard on a candidate you may or may not support. If you like the candidates that’s fine; if not, give directly to the candidates of your choice.