March 25, 2023 The Best Source of News, Culture, Lifestyle for Culver City, Mar Vista, Del Rey, Palms and West Los Angeles

Lawyer Objects to Silencing of Public at December 2022 Hearing for Ballona Wetlands Plan

Letter seeks new hearing

Christina Ku, a public interest lawyer, sent a demand letter to the California Coastal Commission last week, objecting to the silencing of members of the public at a December 2022 hearing about a proposed industrial habitat alteration plan for the Ballona Wetlands. 

The letter seeks a new hearing in which all members of the public have an opportunity to provide evidence and testimony about the imperiled wildlife that would be harmed by the CA Department of Fish & Wildlife (CDFW) project. It is written on behalf of Lisa Levinson (In Defense of Animals), Robert Roy van de Hoek (Ballona Institute), and Marcia Hanscom (Defend Ballona Wetlands), who were each promised three minutes to speak, but denied this right in violation of the Bagley Keene Act.

According to the letter submitted by attorney Ku, the agenda item at the  Coastal Commission was “for a permit to allow CDFW to drill ten 8-10” diameter borings 25-60 ft. deep for geotechnical analysis and six 2-3” chemical borings 6 ft. deep within areas South and Southeast Area B of the Ballona Wetlands Ecological  Reserve in Playa del Rey, Los Angeles County. The approval of this permit for  CDFW to drill allows the preliminary work to be done to lay the foundation for the industrial excavation of more than 2 million cubic yards of soil of the last coastal wetlands. There is ample ecological evidence that the drilling and borings  combined, produce devastating destruction of marsh soil and water in a fragile  coastal ecosystem.” 

Further, attorney Ku explains the reason for shock from the public to hear the Chair of the Commission not only deny the evidence from being presented but was completely dismissive of the public’s desire to be heard. 

“After waiting over six hours to present, my clients were shut out of the public  hearing as Donne Brownsey, California Coastal Commission Chair stated: “I’m sorry…. I’ve closed the public hearing. I think that we got all of the public  comments that we really, truly needed.”

Environmental scientist Robert Roy van de Hoek, who has testified at Coastal Commission hearings for the last twenty years was stunned.  

“It’s not up to any government official – and I used to be one – to determine which comments are needed and which comments are not needed.  The purpose California’s open meeting laws are to provide the public the opportunity to be heard, and then it is up to the decision-makers to make their decisions based on what they have heard,” stated van de Hoek. 

Attorney Ku quoted part of the Bagley Keene Act too underscore this point:  

“Under §11120 the people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on  remaining informed so that they may retain control over the instruments  they have created.” 
“The chair’s actions prevented commissioners from seeing the rare animals who would be impacted and likely killed by their decision, including the Monarch  Butterfly and the White-faced Ibis,” added Lisa Levinson. 

“In more than 30 years as an advocate at California Coastal Commission meetings, I’ve witnessed numerous times when private landowners were denied  permits because of the presence of species like the imperiled White-tailed Kite, which feed regularly in the very area the California Department of Fish & Wildlife wants to decimate with their massive machines. It’s despicable that the commission chair prevented this key evidence from being shown to the other commissioners,” said Hanscom, a community organizer working with Defend  Ballona Wetlands. 

The California Coastal Commission could not immediately be reached for comment.

in News
Related Posts

California Court Upholds Ride-Share Companies’ Right to Treat Drivers as Contractors

March 24, 2023

March 24, 2023

Proposition 22 exempted ride-share companies from certain labor laws, court rules in favor of the companies By Sam Catanzaro ​​A...

Culver City Police Arrest Juvenile Suspect in Carjacking of Senior Citizen

March 24, 2023

March 24, 2023

Authorities are still searching for a second accomplice Police announced Wednesday that they have arrested one suspect in connection with...

Laguna Niguel Man Accused of Swindling $1.6M From Investors, Including Residents of Playa Del Rey Senior Living Center

March 23, 2023

March 23, 2023

Federal lawsuit alleges John David Gessin used false pretenses to fund lavish expenses By Sam Catanzaro A Laguna Niguel man...

Famed Hinano Cafe in Venice Replaces Sign, Celebrating Sixty Years of Business

March 23, 2023

March 23, 2023

“We put it out to say we’re here for another 60 years,” says owner  By Keemia Zhang The Hinano Cafe,...

Municipalities Are Imposing New Fees and Regulations on Outdoor Dining. Take Our Survey and Share Your Thoughts on This Issue

March 23, 2023

March 23, 2023

The COVID-19 pandemic drastically changed the way we live our lives, and one of the most significant impacts has been...

Assemblymember Jesse Gabriel’s AB 1217 Could Help Local Restaurants Avoid Costly Permitting Fees

March 22, 2023

March 22, 2023

Legislation would preempt local ordinances and preserve regulatory flexibility for struggling neighborhood restaurants By Sam Catanzaro A new bill proposed...

Culver City Expands Ban On Single-Use Plastics

March 22, 2023

March 22, 2023

Regulations require reusable food service ware for dine-in facilities and ban non-compostable food ware for takeout and delivery Effective January...

Culver City Middle School Student Finishes Second in Statewide Songwriting Contest

March 22, 2023

March 22, 2023

Eighth-grader Alaya (Lay J) Johnson recently finished second in the statewide Music Notes student songwriting contest.  Culver City Middle School...

LA Institutions of Learning Offer Free Admission to LAUSD Students Amid Strike

March 21, 2023

March 21, 2023

Natural History Museum and La Brea Tar Pits provide free admission during three-day strike, Los Angeles Zoo and Botanical Gardens...

Senior Living Facility and Managers Charged in Connection to 14 COVID-Related Deaths in Los Angeles

March 21, 2023

March 21, 2023

Managers are accused of not following accepted clinical standards and not taking appropriate steps to quarantine the new resident or...

LAUSD Families Brace for 3-Day Strike

March 20, 2023

March 20, 2023

Union representing workers, including custodians, cafeteria workers, teacher assistants and other support staff have voted to walk off the job...

LAPD Investigates Shooting in Palms After Man Found Murdered

March 20, 2023

March 20, 2023

Andrew Conaway arrested in connection to March 16 shooting The Los Angeles Police Department’s West Bureau Homicide Detectives are investigating...

Man Rescued After Falling Into Well at Hyperion Water Plant

March 20, 2023

March 20, 2023

Man falls into roughly 20 foot well Thursday  LAFD reports rescuing a 32-year-old man who fell into a well at...