-
Website
http://thedistrictweekly.com/ -
Original page
http://thedistrictweekly.com/2009/daily/writing-shotgun/the-weed-abatement-order-that-abated-protected-habitat-instead/ -
Subscribe
All Comments -
Community
-
Top Commenters
-
PatBryant
105 comments · 1 points
-
howardx
1202 comments · 430 points
-
Sam_Lowry
74 comments · 15 points
-
Fisch
77 comments · 25 points
-
Dwight K Snider
167 comments · 15 points
-
-
Popular Threads
-
CITY TREE POLICY GETS SENT TO COMMITTEE
19 hours ago · 10 comments
-
THE PALM BEACH STORY
18 hours ago · 6 comments
-
‘PRETTY MUCH AS YOU’D EXPECT’
17 hours ago · 5 comments
-
PASTRANA PREPARING TO TAKE THE PLUNGE OFF PINE–OR TRY NOT TO
1 week ago · 80 comments
-
OF HIGH-RISE SUICIDES, AIRPORT TERRORISTS AND THE DECRYING GAME
2 days ago · 14 comments
-
CITY TREE POLICY GETS SENT TO COMMITTEE
happened
l.On July 8,2008 a weed abatement was received by Mr. Dean.
2.For the ENTIRE FIRE SEASON he took no action to remove the fire danger.
3.The fire hazard remained on the property for the balance of the time Mr. Dean owned the land.
4.IF REPORTS ARE CORRECT -during #1-3 Mr Dean flew around the country on his
private jet for reasons varied including pleasure trips.
One must wonder how Mr.Dean would react if one of his neighbors let their property fall into
a state that would render it a fire hazard without doing anything about it for circa 9 months!!!!
the properties Dean wanted to unload-and simply take the pig in a poke-no questions
asked.
Shades of Measure I
Though my sense is that more and more of the public are taking a good second
measure-of who they elected-and realized what a mistake they made.
This is your April Fool's message, right? --We get all excited--AND it's so inconsequential.
Stop teasing!
I heard Dave that you were at " Beer and Politics" last night...? I want your personal report on this!
Or even the LCWLT election last night..a major upset....
Gimme Gimme
DEMAND THAT THE CITY PLACE A MORATORIUM ON ALL SEADIP WETLANDS DEVELOPMENT. Until the city can figure out what the existing zoning and allowable use is, DEVELOPER SERVERS (used to be planning) or any other "confused " city employee should not be allowed to give any guidance on any development in this area.
Need I say more.....Here are some comments from today’s Gazette:
Officials said they have no record of issuing the alleged abatement order. Work at the site, Beck explained, would require permits from the city and the state Coastal Commission.
“According to city officials, the site is a protected zone next to Los Cerritos Channel and is listed as open space in the Southeast Area Development and Improvement Plan.
“It included the area as a to-be-developed as brackish pond and wetlands,” Beck said. “So the question for us is — was it wetlands property then, or was this a mitigation measure to create wetlands?” “
Also, they need to send you an actual letter in the mail as Actual legal Notice. Technically, this may not even been actual Notice under our Municipal Code. Sounds like a 'Call' and an email. Email is not even Legal Notice on this fire statute ? This was a hearsay, second hand request? We are pretty sure.
As Fire said, they had not issued and Order, because Dean BS'd his way out of getting even a binding letter to impart Actual Legal Notice and thus the Stautory Time period to clear, or get an Order to Abate.
During that period, the Landowner has Appeal rights too.
This inspector was also Negligent, for failing to provide the proper giudelines for doing such work in an Estuary, on zoned and designated Wetlands, and where threatened and protected species were living, nesting and breeding.
Other Jurisdictions, send a Pamphlet, directing you to be very careful, and to NOT harm native wildflowers, as they did, or indigenous vegetation, nesting sites, burrowing animal habitat, and nesting, watering, and feeding area. They riuned all of that.
And apparently, the City paid '' non trained, non certified, non degree holding, non qualified'' ''Steward '' , had never inspected the area for many years, and had never even provided a Survey, or Species Inventory, nor Annual, and Semi Annual Report, nor a Categorization of the Natural Resources there, and much more.
He was not even in town, nor was his 'Assistant' available to oversee any of this?? Can these guys too.
We did all of the Conservation Biology here, and study, as Preservationists, and Volunteer Docents, and as friends of this land, for a long time.
Before touching this land, A biologist needed to look at the area first, designate the width of a reasonable fire break, only after the vegetation got dry and combustible. Great Care was prudent, as the entire surface was covered with Wetlands Vegetation called Pickleweed and Salt Marsh Grass. Both of these are special Wetlands Vegetation known as 'Wetlands Indicators'.
These incompetent tort feasors smashed, ripped, tore , buried and killed so much here. 40 plus years of Habitat history, renewal, and revival.
Some of the rarest, and most threatened birds and mammals came and went. Red Foxes, Racoons, Rabbits and many many more animals were smashed as they slept, or hid.
And Endangered Species, Federally Protected,' Brown Burrowing Owl'' were well established there. Two mated pairs had been seen hovering and feeding there. The signs were visable on the terrain. There is video out there. This is a big deal.
Note that the Judge, in the Home Depot EIR Trial, noted the existance in this area, and the sensitivity of the habitat, due to nesting and feeding/breeding activity observed on the Home Depot sight, and here.
All of this vegetation was also blooming beautifully. Cotton Tails too. And March and April are the most sensitive nesting and breeding seasons, where Experts say, stay away.
All of this is interesting, but tangential in a way too. Major Construction, Grading and Paving happened, and the protective Hard Crust Dump Closure Cap was broken, demolished and removed.
When did he file the OK to Develope Wetlands, Grade and Scrape up to 10 feet of soil ?
When did we grant a Variance to Spot Zone a playground? When did the City, lawfully amend the Coastal Plan? When did we file for a Coastal Develop Permit? And where were the very expensive CEQA Documents? You know, a NOP, DEIR, and a final FDEIR? And all of the years of fighting in between each regulatory hurdle?
How about a simple Letter to the residents or their Resident Associations first? Oh ya, we are all '' The Enemy''
So unless meaningful restitution is made, along with major policy revisions, let's spend 3 or 4 years analysing all of the Civil and Criminal Issues in Superior Court.
When a Toxic dump is Negligently re opened, by a present, and prior owners Negligence, under City Supervision, and Direction, and the magnitude of the Damage, makes news in the LA Times, and Local KTLA news, and many other fine news outlets, significant harm, and damages accrue.
This recklessa act, has diminished the value of the adjacent homes significantly. It has damaged their marketability, desirability, and right to the quiet and safe enjoyment of their land. Presumed contaminated soil is also invading their area as never before. Health symptoms are surfacing too. Smells, odors and irritants have migrated into the area, and remediating all of this is very expensive.
The Diminished Value of the adjacent homes in the BSME and UPENA area, could easily be in the 40 to 50 Million Dollar range, based upon a 10 to 15 % loss occasioned by the magnitude of creating such a Private and Public Nuisance.
Also, a restoration Budget, could exceed 10 Million, easy. Lawfully closing a contaminated dump properly, and then re restoring the habitat, is quite tricky, and expensive. Lot's of Engineering, Specialized testing, and EIR, many mitigation measures, inspections, tests, monitoring, resident relocation in some instances. Costly stuff.
Conttractors loose Homes and Businesses over mistakes like this, Municipalities write big checks, and Politicians get recalled, tarred and feathered.
However, Mr Hitchcock may fall back on the Gary told me to go ahead and get started, sounds like a nice idea Defense. Or the, SO and SO from the City said go ahead and get started Defense, or the, 'Don't bother filing any papers' defense.
Mr Hitchcock needs to be objectively questioned by the City Attorney, and a complete investigation needs to be done, well, as to withstand the Lawsuits comong down the pipe. All we have to do is tell the truth, starting with DeLong. Please guys, take everybody's statement, make them available, and help de escalate all of this.
Several actions are out there, and we have many years to file under the Statute of Limitations.
We have great Attorneys downtown who know how to do all of this Ethically, and correctly. The City has liability here too, and this needs to be apportioned, and analysed, after the Statements are taken, and re taken.
Hitchcock is still covering for a few people, he needs to come forward first and simply answer the questions, in writing. This is in the Public Interest and Fair.
Next, the Inspector needs to fess up. And his Boss. And Criag Beck, then DeLong, Conway, and West. also, Dean and Nunley it looks like.
Did Sean send money to any campaigns? Retire any debt?
Also, all of you need to write Letters to the State Contactors License Board about all of this. We are. We also need to proceed against this guys License, and Right to do Business around here based upon wanton and reckless disregard for mmny Statutes, Rules, Codes, and Ordinances.
Simply leave a Voicemail to request an Investigation, and send a Complaint Email, or Letter. This fool needs his ticket pulled for at least 1 year. Then, he will have to pay remidiation contractors to fix City Dump and Salvage Number 4.
Nor, to my knowledge, has anyone, other than Dave in writing this article, ever alleged that it does.
But an email about a public matter from City staff to a private citizen does, indeed, constitute an official governmental communication (that’s why these emails are all discoverable in Court and through FOIA requests) and, as such, carries considerably greater weight than that of a “friendly letter”.
I do think the argument can be made that when not-particularly-environmentally-conscious Dean received the email he didn't want to do anything about it (because he never did) but that he did see fit to mention the communication to Hitchcock.
Did Dean actually call the communication a weed abatement order when telling Hitchcock about it? We don't know. Hitchcock said Dean did. But maybe that's just how Hitchcock interpreted what Dean did say.
Once Dean told him about the communication and he interpreted what he was told, did not-particularly-environmentally-conscious Hitchcock then decide to try to do something about the issue in the way that seemed, to him, most appropriate? Hitchcock claims that's what happened.
Now it's left to others to determine whether those claims are reasonable. The damage has been done and Hitchcock is responsible for it. If he's ultimately to be punished in some way for this damage, his intent will need to be established either through a preponderance of the evidence (in Civil Court) or beyond a reasonable doubt (in Criminal Court).
This will require a thorough investigation like that which is currently in progress.
Speculating further is pointless. I intend to await the results of the official investigation.
The official investigation I refer to is the same one Ms. Frick mentioned at B&P; that coordinated official investigation currently under way by CLB, AQMD, the Water Quality Board and the Coastal Commission.
Logic dictates that opening up a municipal election to people who don’t have a permanent residence within the district boundaries can lead to a loss of local control over our own government. If anyone from anywhere can say they live here, register at a local church, and change the course of our city government, then we will lose control of the Long Beach that we love. We must stop this nonsense NOW.
If this outrages you, then do something, say something - make yourselves heard, Long Beach! If you don’t live in the First District, then speak up in whatever way works for you. Let the City Clerk and the City Council know what you think!
What if we required proof of last residence before a person became homeless? If a person resided in the First District, then became homeless, they are still part of our First District community and should continue to participate in Long Beach government. However, if someone were to last reside in Los Angeles, then took the Blue Line to Long Beach to receive our homeless services, should that person be eligible to vote on Long Beach issues? I don’t think so.
I pledge to work for the taxpaying residents of Long Beach to ensure a sustainable future while maintaining our precious freedoms that our founding fathers struggled to preserve. I can’t do it alone, but I’m willing to get out front.
If you actually reside in the First District, then vote for Rick Berry this Tuesday to bring some common sense and integrity to our local government. www.BerryBest4LB.com