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John Plock
Posted on Saturday, October 14, 2006 - 08:09 pm:   

Posted on Saturday, October 07, 2006 - 07:44 am:

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Date: September 30, 2006

To: Honorable Mayor and City Council

From: John Plock , Chairman, Half Moon Bay Coastside Foundation CRMP Council

Subject: Due diligence review of Green Environment Inc. Project Proposal Project # A03073

Project Title: Assignment agreement between the City of Half Moon Bay and POST relating to an option agreement for the purchase and sale of property at 325 San Mateo Road ( APN # 056-260-090 )

Executive Summary:

The Half Moon Bay Coastside CRMP Council received multiple requests in August of 2006 to review the City of Half Moon Bay’s option to purchase approximately 22 acres from the Peninsula Open Space Trust aka POST for $3,100,000 ( $3.1 million dollars). This public outcry was prompted by a story in the Half Moon Bay Review revealing that the “Half Moon Bay City Council received startling news last week when the city’s consultant revealed that the price tag for the new community park along Highway 92 could reach $14.5 million”.

Local HMBCoastside CRMP Council’s stakeholders reviewed local, state and federal public records, state and federal court documents and environmental agency lists for spill incidents or other potential hazardous releases to air, soils and surface/ground water on the subject property (parcel # 056-260-090), and surrounding properties within a one mile radius of the subject property, using ASTME 1527-00 recommended search distances.

The HMBCoastside local stakeholder’s due diligence review process found San Mateo County District Attorney’s records and investigator reports identifying the POST acquired APN # 056-260-090 as one of many illegal dumping site areas within the Pilarcitos watershed basin frequently used as an illegal toxic dump site for asphalt and paving tack oils by the Half Moon Bay Sealing and Paving Company. ( see Deposition of Jack Olsen, III Exhibits ) The City of Half Moon Bay has other additional toxic landfills sites owned by POST within a one mile radius from 325 San Mateo Road ( APN # 056-260-090 ). See enclosed exhibits from POST’s Audrey Rust 2004 Braun vs. San Mateo County Whistle Blower Retaliation lawsuit deposition testimony.

POST owns and operates the approximately 250 acres unlicensed toxic landfill located on the historic Johnston Ranch adjoining the City of Half Moon Bay that is within the one mile radius of the subject property located at 325 San Mateo Road . The federal court trial transcript records reveal that on February 22, 1999, the Half Moon Bay Coastside Foundation/s environmental attorney and one of September 11, 2001 United Airlines Flight 93 heros , Alan Anthony Beaven, notified POST’s legal council Perry Irvine Esq., “We are surprised that a public interest organization such as POST would consummate a transaction with Towne Pacfic (Johnston Ranch owners/sellers) with knowledge that Towne Pacific has, and continues to, violate the Clean Water Act. When POST acquires the property it will become liable in nuisance for any pollutants emanation from its property. Mr. Braun intends to create an environmental remediation fund to benefit the Arroyo Leon with any damages he receives from the suit.” ( see Depo Audrey Rust Exh. #21) When the City of Half Moon Bay acquires the former Nurserymen’s Property Parcel # 056-260-090 from POST, the City will become FULLY liable for any pollutants emanating from its property in to Pilarcitos Creek surface or ground water and all environmental remediation costs.

In addition to the POST enterprise illegal landfill operations polluting our coastal lands and waters, in December 2005 , the “Pay to Play” San Mateo County Board of Supervisors granted POST a Farmland Security Zone tax exemptions of $44,438 per year for their Johnston Ranch landfill holdings. The San Mateo County Assessor’s Office has calculated that the yearly loss in taxes to the County is $14,542; Cabrillo Unified School District $23,569; San Mateo Junior College District $4,161 and County Office of Education $2,166. ( see attached Nov.8, 05 San Mateo County Board of Supervisors Agenda ).

Making a Silk Purse Out of a Sow’s Ear : POST’s Fall 2002 Report to the Community continued to conceal their illegal landfill enterprise operation on the larger 647 acre portion of the Johnston Ranch purchased for $2.6 million dollars in 1998. “Three years later the remaining 215 acres were purchased for $3.05 million , thereby re-uniting the original ranch.” This POST 215 acres adjoins South Main Street and Hwy 1 on the West and connects the 20 acre island Johnston House Historical Park, meeting hall , picnic area and restrooms owned by the City of Half Moon Bay. If the City of Half Moon Bay acquired this agricultural pollution FREE 215 acre parcel from POST for the interest free $3.1 million option, the City would be in FULL compliance with the City’s Local Coastal Program and General Plan goals of having 200 acres of parklands while preserving the Gusiti 180 acre family farm after restoring the two historic in-stream dams water rights that will re-establish habitat for several native species including steel head trout. Lastly, there is a large clean water aquifer lying beneath this Southern area of the City of Half Moon Bay and Johnston Agricultural Parklands. The CRMP panel recommends that the City purchase this 215 parcel from POST for $3.1 million for their community park and let POST retain the 22 acre parcel at 325 San Mateo Road ( APN # 056-260-090 ).

In Conclusion: Coordinated Resource Management and Planning (CRMP) is a resource planning, problem-solving and management process that allows for direct participation of everyone concerned with natural resource management in a given planning area. The concept underlying CRMP is that coordinating resource management strategies results in improved resource management and minimizes conflicts among land users, landowners, governmental agencies and interest groups. Using this approach, resource problems are addressed and solved much more effectively because they are based on resource boundaries and not constrained by individual, agency or political boundaries. The purpose of the CRMP due diligence watershed environmental review mission is to inform the public and its responsible officials of the environmental consequences of their decisions before they are made. Thus , the environmental impact report (EIR) process protects not only the watershed environment but also informed self-government.

Attachments: 103 pages Deposition Exhibits from Braun vs. County of San Mateo U.S.C 1983

PDF Copy of this report available upon request:E-mail Oscar@CWPosse.org

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