A Summary of Irregularities in MdR Redevelopment Process

by Daniel Gottlieb

Acronyms:

• NOP = Notice Of Preparation
• DCB = Design Control Board
• DEIR = Draft Environmental Impact Report
• FEIR = Final Environmental Impact Report
• EIR = DEIR + EIR
• DRP = Department of Regional Planning
• CEQA = California Environmental 
• DZ = Development Zone
• LCP = Local Coastal Plan
• CCC  = California Coastal Commission
• RPC = Regional Planning Commission
• SCHC = Small crafts Harbor Commission
• DBH = Department of Beaches and Harbors

SOS = Signs of Sophistry:

• Sophistry: A fallacious argument. A strong sophistry is a sophistry with the intent to deceive 
• Waldo: A word or phrase hinting at the truth in a text which either omits the truth or distorts the truth. It is incredibly common in quasi legal writings. The word comes from the children's puzzle 'Where's Waldo?': Meaning it is hidden in plane sight by means of complexity.
• To queer the meaning of a word: To surreptitiously change the meaning of a word by using it in different contexts with different words and then using it at the desired point of deception, giving a meaning taken from the wrong context. It is Used in 1c and 2b and in the Draft Recommendations of the CCC for the definition of Hotel.
• 308.5 argument: Section 308.5 was the number in the California Civil Code given to a popular initiative. Section 308 was more limited in scope than the initiative, but arguments convinced the Legislature that since 308.5 was near 308 in the code, the limitations applied. This kind of argument made to midlevel staff is used to subvert the clear intent of the Law.
• mischievous misprints: A misprint of the name of a parking lot GR to (GG) may have helped approve projects which significantly disturbed the cross beach views from GR as in 3b. Also in 4a.
• Coconut Road clause: Seemingly surreptitious insertion of misleading or false clauses into a document. Coconut Road was the beneficiary of a freeway connection earmark slipped illegally into an act of Congress.
• Indefinite calculations: Calculations involving only changes, with no Total figure given or easily accessible. Bail out if your bank only gives your deposits and withdrawals but never the balance. Analyzing only the changed amount is called Indefinite Analysis.

1. The Shores (Parcels 100 & 101)

1. NOP land use misleading with mischievous misprints and omissions 
2. DCB misinformed about its duties to consider scenic views
3. DEIR claims (by queering word meanings) DCB approved their view impact while Minutes of DCB silent on views
4. Adjoining land owners ignorant of Project throughout most of Bush's first term. Condos were not mentioned in NOP
5. DEIR Shadow study incorrect. FEIR response was to broaden study. Still incorrect. More wrong pictures.
6. Traffic study incorrect. The key Trip Generation Plan fails to include intersection opposite closest neighbor. No response in FEIR
7. Judge Yaffe caught the Shores in a Waldo, which he used to argue that the 25,940 cubic yards of excavated earth which now had to be exported should be analyzed in a recirculated EIR, in order to insure the public knows the basis on which the decisions were made
8. The directions written for the analysis of the recirculated EIR were to restrict all attention to the 25,950 (sic) cubic yards of exported earth. That is, use Indefinite Analysis 
9. Total amount of exported solid waste not mentioned in FEIR or DEIR. Imported gravel, without amount stated, is a Waldo
10. Total amount of material exported or imported never mentioned in the EIR
11. The calculation of DZ potentials justifying increased density over the cap is a masterpiece of Indefinite Calculations

2. The Archstone (102)

1. Initial DCB meetings' had misleading project description
2. The words 'dimensions of building' was queered so that building into street did not change 'the dimensions of building'
3. Outdated maps and incorrect maps were used at the DCB
4. Letter to DCB not delivered by staff
5. Special meeting at unusual time eliminates impartial influential commissioner
6. Attempted to leave DRP out of process, hence adjoining Condos never Noticed because of this maneuver
7. The small size of this project demonstrates the culture of deception practiced without fear of consequences. Too small to bribe anyone, too simple to worry about delays and timing disruptions

3. Jamaica Bay Inn (27)

1. Violates CEQA by avoiding an EIR process  using its address instead of common name. Hence eliminates public input. 
2. Significantly disturbed cross beach views from parking lot GR. A mischievous misprint appears at a key spot in the LCP
3. Incorrect address used in permit application

4. Parcel OT

1. Incorrect address told to Argonaut and in description of property
2. To be used for trading Development Rights outside of its DZ
3. Parking lot not replaced by a park; violating LCP, page 2 - 8  12
4. Secret scoping meeting documented by court reporter 

5. Bar harbor & Esprit (15 & 12)

1. Parcel 15 completion date is past and construction has not begun, violating lease
2. Trip generation plan is laughable
3. Parcel 12 has been under construction for years and still no occupancy
4. No Initial Study by County in EIR

6. Villa Venitia (64)

1. Project will wipe out Blue Heron colony
2. Project will destroy world class views of snowy San Gabriel Mountains from north and south jetties

7. Woodfin (9U)

1. Needs an LCP amendment, or else queer the definition of hotel (in the CCC/s Recommendations to LA County to remedy the "out of compliance with Coastal Act")
2. The Notice of Intent to Apply for a Permit is a Waldo with a false address

8. Boat Central (52 )

1. Builds out over water contrary to code. DCB rejects project. County continues project by taking it to RPC
2. Chair says process is broken

9. The Permit Process is corrupted

1. Applications for many permits have false addresses, some miles from the site
2. Violations of Brown Act by misleading notices of public meetings
3. Public bodies are deceived by counsel as to their powers and responsibilities. The Coastal Act's rule, that ambiguities are decided against greater  development, is ignored  
4. 'Coconut Road' clauses are inserted into official documents and Findings
5. Clear wordings of laws and guidelines are undermined by 308.5 arguments
6. There is a high proportion of 'mischievous misprints' at key places which introduces misinformation
7. Incorrect or confusing maps are introduced at DCB and SCHC meetings. Conversely, Commissioners are not give maps to follow the discussions
8. The CCC found LA County out of compliance with Coastal Act. Since then, the pace of cited activities has exploded: Small slips are being destroyed, Mountain views are being destroyed. 
9. Marina del Rey's tax assessors' maps have not been updated since 1999. The County 'lost' the property description of parcel K-6; or else we were given false information. New parcels are unilaterally created by DBH even though the whole LCP zoning system is based on the original parcels
10. The true extent of development is obscured by Indefinite Analysis and Calculations. Caps on development are ignored, at the whole MdR level or at the Development Zone level
11. Information to the public is blocked by mislabeling projects, parcel, or claimed inefficiency. Especially by DBH
12. Special meetings of DCB held at unusual times. The Chair of the DCB said the Process was broken. Every project seems to follow a different entitlement procedure