Russian Gulch (Smithonian - 6-99,
Kim Steele)
Caltrans fails to respond
Caltrans attacks Coastal Commission
Following meeting with Caltrans, staff announces it will recommend denial of
revocation request
Taylor protests Caltrans attack and staff's response
Full text of Taylor's letter of response to Commission
"... all the appearance of undue use of influence..."
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June 21, 1999Caltrans failed to file a timely
substantive response to Vince Taylors request for revocation of the coastal permit
for the Noyo Bridge replacement project. When the Commission initiated revocation
proceedings on June 4, 1999, it told Caltrans that if it wished to make a written response
to the contentions raised in the request prior to completion of a staff recommendation on
the request, "we would need your response no later than June 16, 1999."
Rather than responding to the evidence submitted by Taylor, Caltrans attacked the
Coastal Commission for its handling of the revocation request. In a one-page letter dated
June 16, Tony Anziano, Deputy Attorney of the Legal Division of Caltrans, wrote:
[The Commission] provided the Department with 7 working days to respond to a very
delicate matter pertaining to a significant public safety project. The Department does not
believe that this period of time is appropriate. The Department will be submitting a
written response to Mr. Taylors allegations at a future date and prior to the
hearing on the matter. The Department is similarly concerned that the revocation request
was accepted by Commission staff for hearing within 2 days of its receipt. It would appear
that such a significant decision on a public safety project merited more that a 2 day
review
Finally, by this letter I am requesting a copy of any commission policies or guidelines
regarding the standards by which a revocation request is deemed to be frivolous or not
frivolous and subject to a Commission hearing.
Mr. Anziano requested and was granted a private meeting with commission staff on June
17. Soon after this meeting, commission staff contacted Mr. Taylor and informed him that the
staff was preparing to recommend to the Commission that it deny his request for
revocation. He was also given a verbal description of the arguments made by Mr.
Anziano to the staff.
In a June 21, 1999 response to Peter Douglas, Executive Director of the Coastal
Commission, Taylor protested Caltrans attack on the Coastal Commission and the
staffs subsequent action:
This type of response by Caltrans -- belligerent and antagonistic, rather than
accommodating and cooperative -- exemplifies the attitude that Caltrans has exhibited
toward all sincere efforts to work together to achieve better solutions. When the Caltrans
treats all efforts to bring about change as an attack on itself and responds
antagonistically, what chance do citizens have to affect the outcome of a design process
that vitally affects their communitys well-being?
In view of Caltranss failure to meet the commissions deadline for making a
written response to the contentions raised in my request, I am surprised at this decision
[to recommend denial of the revocation request]
.
I consider it irregular and improper that Caltrans can give the staff arguments
verbally, rather than in writing as the commission requested. Verbal arguments are not
part of the record. Im thereby put into the position of having to try to answer
something that Caltrans can later claim it never said. This may seem an unwarranted
anxiety on my part, but based on Caltrans performance in this case to date, I believe it
is highly warranted.
The remainder of Taylors ten-page letter
provided detailed rebuttals to all contentions raised by Mr. Anziano.
Commenting on the events of last week, Mr. Taylor said,
"A state agency with enormous political power writes the Coastal Commission a
belligerent letter in which it refuses to provide written responses to my contentions,
then demands and receives a private meeting with the Commission staff, at the end of which
the staff announces it is going to recommend denial of my revocation request. All of this
is very irregular granting a private meeting, reaching a decision on the
staffs position prior to evaluating the written response from Caltrans, and
announcing the staff decision before the staffs report has been written. This has
all of the appearances of undue use of influence by a powerful state agency."
The controversial Noyo Bridge replacement project received a coastal permit in
March,1999 by a 5 to 4 vote. The operation of the permit is automatically suspended until
the Coastal Commission votes to deny the request for revocation. The hearing on the
revocation request is tentatively scheduled for the Commissions meeting of July
13-16, 1999.
For further information, contact Vince Taylor (707) 937-3001 |