Caltrain vs. CEQA

You all count on the Voice to add the behind-the-scenes story and no where is that more true than on high-cost rail and Calectrification.  The Times ran a piece a couple of days ago that was pretty much a down-the-line echo of the Caltrain pitch.  It included this assertion

Ackemann said Caltrain is committed to pursuing mitigation measures outlined in the environmental report. But the agency also says that, if the environmental report is challenged in court, it has the authority under federal rules to claim an exemption from the California Environmental Quality Act. Ackemann said this is merely an option.

"Caltrain has no option at this point but to move this project forward as expeditiously as possible," she said. "Right now many of our trains are running at 120 percent capacity or more."

Electrifying the Caltrain corridor will allow the agency eventually to share the system with the California High-Speed Rail Authority, which has committed to spending $705 million on Caltrain's electrification as well as new signaling and train control systems.

This CEQA issue has a number of well-informed citizens' eyes on it.  One of them notes the following:

This is intentionally misleading, and designed to "hide the ball." As a commuter railroad not involved in the interstate transportation of passengers, Caltrain is NOT directly subject to the jurisdiction of the STB or the Federal Railroad Administration (FRA). Rather, it is covered by the Federal Transit Administration (FTA) which assists local commuter transportation agencies.. No one claims that the FTA  preempts CEQA's application of Caltrain's electrification project.

But there are two possible bases for STB preemption of CEQA, each of which raises other problems for Caltrain which it would rather not mention:

1. Caltrain's  electrification project is an integral part of the California HSR project (Caltrain swears it is not), or
2. The use of Caltrain's electrified right-of-way by Union Pacific will involve transportation of freight involved in interstate commerce. (Caltrain and UP have not been able to resolve their differences over changes to the right-of-way, over which UP has virtual veto power.)

The important take-away here is that it should be UNACCEPTABLE politically for OUR Caltrain to try to exempt itself from the California Environmental Quality Act, the most important environmental protection law for Peninsula communities. Why would we let OUR representatives on the JPB do this to our communites?

So we will see how the hide-the-ball strategy plays out!  I hope our Council is keeping an eye on the ball.

Comments

[Bruce Dickinson]

Listen, fellas, at this juncture I think the Chattanooga choo-choo has about as much relevance to Burlingame and Caltrain as HSR, given that the Federal funds for HSR and an electrified Cal-train, under the Republicans, will disappear faster than a cotton ball in a shell-game, which quite frankly, Bruce Dickinson believes all this really is. The amateur magician, namely Jerry Brown, will see all his tricks exposed and end his career on one of the most ridiculous boondoggles in history. Nice way to ease into retirement and leave a mark for the history books! In 10 years, we'll all be laughing at cocktail parties about what a joke of a governor this guy was.

Any money spent for anything with the letters "h" "s" "r" or "c"" or "t" beyond Nov 4, 1014 is wasting all of our time and precious resources, but I guess all the parties involved in pushing HSR/E-Caltrain forward want to wait around and get the eggs splatted on their faces, but that's what happens when you have talentless people who don't know when to cut losses and move on to better endeavors, which of course, is predicated upon the assumption there is something more promising in their careers than a dead-end. So in that respect, maybe this is all they got and hopefully they aren't allergic to eggs!

Which brings Bruce Dickinson to City Council. They are probably watching things closely, but so far Bruce Dickinson has failed to see anything as to what amounts to be a strong stance opposing HSR. Talk about an easy pile on, which would help quell some criticism from certain Burlingame residents, such as yours truly, who believe our government only likes to play softball despite the fact that these issues actually represent the big-leagues.

There's a nice fat pitch here, and time to see our local reps to hit this one out of the park and make the history books as opposing this ludicrous HSR endeavor. Just a little nugget of advice from Bruce Dickinson. Trust me, I may know a thing or two about making history!

[Jennifer]

For a good overview, Kathy Hamilton's article just published:
http://www.examiner.com/article/caltrain-may-attempt-to-dodge-ceqa-just-like-hsr

[Editor]

Three comments that substituted symbols for a vowel in an attempt to seem less vulgar and failed miserably have been deleted.

It is pretty simple to make one's point without vulgarity. It's also simple to delete comments that can't seem to do that.

[Bruce Dickinson]

Editor, I gotta tell ya, substituted symbols with vowels or no vowels made no differences in those posts, as they would have failed miserably without the thinly veiled profanity as were really non sequiturs to any of the issues being discussed. Emptying your bowels by substituting vowels with an ASterisk is yet another form of trying to literally poop on others and political affiliations. Guys, put on your big boy pants and ditch the diapers or if you can't then go on someone else's bLOG. This site is Bruce Dickinson's go-to place for all things Burlingame and most on here probably feel the same way, so to the grand Poopah's, don't waste everyone's time with useless drivel.

[[email protected]]

Thank you for pointing that out Mr. Dickinson.
I do not think I would be considered "old fashioned" when I read.
Nevertheless, our language is being changed.
Spelling, context, etc.
I am aware that these events happened in the past.
I do not understand the purpose or need for an alternative language.
One other complaint/observation.
-Lunardis, Burlingame @ Trousdale and ECR.
Best grocery in The World!
Brian the Produce Guy is the best ever!
What is with the great checkers?
Every single one of them is polite, helps you find things, and speaks well.
Two of the best "Checkers" have Tattoos on their necks.
One checker is a male Latino. The other is a pregnant Irish gal.
Both of those Lunardi's employees are required to where Large Bandages during their shift.
Any thoughts?

[hillsider]

Anytime you can justify deleting Alex Kent's drivel it is fine with me.

Holy...what was tonight's drink of choice? Everclear?

[Rose colored glasses]

Hillsider,

You are obvlious to what's really going much beyond the rose bushes in your yard.

You're right, keep donating more money to the govt. They'll know best what to do with it.

[mikey]

It is pretty simple to make one's point without vulgarity. It's also simple to delete comments that can't seem to do that.

[Actions speak louder than words.]

The State of California, County and Local Government Leadership = Vulgarity

Actions speak louder than words.

[pat giorni]

The issue is CALTRAIN VS. CQUA which seems to have gotten thoroughly lost. Please spend more time commenting on how this newest threat could weaken what few public rights to disagree that we have left, short of costly civil litigation measures. We're better than Vowel/Bowel metaphors substituting for critical thought.

I don't know about the rest of the town, but I'm not willing to sit back and be railroaded by legislators, agencies, and non-elected know-it-alls with powerful pipelines into our communities that force us to accept unneeded or unnecessary programs.

I've picked my platform from which to fight the War of a Thousand Cuts which is HSR and it's wicked stepchild, Electrification. CEQA is intimately entwined in both issues, as it is with the ECR/Florabunda Caltrans proposal, high density TOD and mixed use development, and OUR SACRED TREES.

CQUA is our protection when viewing the BIG PICTURE. So let's use our time and talent to enlist as the foot-soldiers, on whatever issue, to ensure we preserve and retain what few venues we have for informed public engagement.

End of Rant.

Merry Christmas.

[Don't let govt agencies ignor the law(s).]

Pat,

I totally agree with you. I've gone through CEQAs a few times and you're right it's is important and appropriate, especially for big projects like HSR, Electrification and even Hoover.

The govt agencies should not get a free pass to ignore CEQA.

Thanks for reinforcing this point as a community veteran.

[hillsider]

Al*x, az^leas baby, not r*ses, az%leas in the front yard. They are easier to look over so I'm not 'obvlious'. L(ser.

[[email protected]]

I hate to say this,
but this subject is boring.
Time for more COW BELL!

My definition of this "thread" CEQA is:
Citizens Escaping Quantum Antithesis.

Lets move on to something the community can act upon.
What's next?
"Ebola and its effect on the HSR and High Density Housing in Burlingame."
Just stop it all you "Smarty Pants."
LOL

[Joe]

I think this might be one of the things the Council can effectively address. It is just local enough and the councilmembers have somewhat of a say in how the JPB, Caltrain,etc operate that they could exert some influence on this. It is certainly much more of a possibility than with High Cost Rail where the powers that be live in the rarified air of Sacramento and DC.

[Bruce Dickinson]

Joe, I think the salient point I was trying to make, before some got a little too distracted by my defecation references, double-entendres, and plays on words if you will (in the typical Bruce Dickinson style, frankly, were quite witty if I may say so myself), is that the Burlingame City Council has got what appears to have little in the way of a spine in confronting agencies outside of Burlingame.

For example, this HSR project, which is really pretty much dead, the City Council still cannot take a stance on it, in the way of: sending non-minced letters to the proper authorities, filing friend of the court briefings, or even better like some of the cities on the Peninsula, filing lawsuits. It seems to Bruce Dickinson that they are incapable of piling on the anti-HSR bandwagon to even save face in the eyes of Burlingame residents for the low probability event that HSR actually is green-lighted. Why is this? Can anyone enlighten me? (after all idea exchanges should be a two-way street!)

Do we think that when more local transportation dollars are at stake with Cal-Train, Cal-Trans, and MTC, that they will somehow take a strong stance? I would be remiss if I didn't say that I think the answer is no, with a capital "F". This is what troubles Bruce Dickinson the most.

[Joe]

BD, I cannot in good conscience disagree with you per the current council. I was wishfully thinking on the earlier post. We have two newbies who need to get their feet and knees wet and we have Terry who has higher aspirations and thus lower regard for the local issues that are unpopular at the County and State level. So---you are right and I am disappointed. Come on Ricardo and John--time to step up!

[Nosignsontrees]

It is illegal to pin signs on trees in Burlingame!

[Don't question The HSR, or else.]

BD, major capital projects like HSR = big win for Labor Unions = big win for the Democratic party.

It doesn't matter if the project is the best way to spend our Local and State Bank Loans, it's called "Make Work" projects.

If we don't like foolish, make work projects that Burlingame and other local areas don't really want, then we need to all stand together and quit contributing to the above political campaigns and also quit voting for these Puppets.

This should clearly explain why Burlingame City Council and San Mateo County Board of Supervisors and everyone up to Obama doesn't fight HSR and other make work projects more => they want them to happen, and they could care less if The People don't want them.

And, as my Bay Area Council buddy warned me a few months ago before he started working as a diplomat abroad...we don't actually enjoy free speech in The United States and especially not in the Bay Area. As he told me, "What you're saying is dangerous [to you]."

He was right, as I learned last week, personally.

Don't question The Democratic Party, or The Labor Unions, or else they will get violent on you. Welcome to reality voters.

[[email protected]]

Do you have an instance of a labor union, or labor union member assaulting you or you property?
Please elaborate if you can. I would consider Federal Protection if that is truly the case-think of your family for gods sake. Do you have access to firearms?
After all Mr.DQHSR you have "been able" to tell us, your safety is a concern to everyone at the "Burlingame Voice."
Please be very careful Mr.DQHSR.
Regarding the pinnings of signs on Trees in Burlingame.. The trees do not mind, but your neighbors might.

[[email protected]]

Regarding Mr. Dickenson's talent as a "wordsmith." I have never been offend or considered his ability to address any topic by using phrasing in order to maintain the interest of the reader, as well as keeping the reader engaged in other wise "dry holes" Politically, and Urban Infrastructure.
Dear Mr. Editor,
I famous US Supreme court finding happened regarding obscenity.
The case was Jacobellis vs. Ohio.
The case was settled/not settled due to the colloquial expression-"I know it when I see it."
Not much of a help to anyone following US Supreme Court Rulings as a hobby.
In any case, in my opinion the Supreme Court told the interested parties to "calm down, nobody will or is going to be hurt, and are there not other issues more important to bring forward,
Shame on you.
If you may recall that case came about during the Rise of the Religious Right as an enormous voting block for the Republican Party.
I appreciate everyone's contribution to this site whether I agree with it or not.
Have fun everybody, and learn a little on the way.
Holy.

[Jennifer]

Another Kathy Hamilton SF Examiner update--'doesn't look good for CEQA protection:

http://www.examiner.com/article/surface-transportation-board-rules-no-ceqa-needed-for-rail-project

[Bruce Dickinson]

10 Silver Christmas Cow Bell rings for the valuable contributors on this thread. I would have given a dozen, but taking away my clever, fanciful plays on words and double-entendres if you will is kind of like saying Bruce Dickinson, you are prohibited from saying anything smart for a week. Yes, I do get smitten by my own wit, and yes, it's tough to compete with the *cock of the walk* in a battle of the wits, where only one thing is certain: I do not end up being the loser, as some on the Voice can attest to.

Other than the babies in diapers offering up 1) no solutions 2) zero wit and 3) the antithesis of wisdom, splattered all over this thread like the inside of a porta-potty, I would be remiss if I didn't say that a few of you touch on some important points that Bruce Dickinson would like to take further. One, is what we can do at no cost, other than time. That involves making your voices heard, writing city council, speaking at every single opportunity present where Cal-trans, Cal-trains, MTC, HSR, ABAG, and the other alphabet soup of government agencies that only prescribe "Diktats" with little to no regard for Burlingame residents. Do what every good lawyer and lawmaker does in politics and legal battles: wear your opponent down by talking their ear off. I can't tell you how many times in record contract negotiations at Columbia how getting the most loquacious, irritating, and pesky lawyers that got under everyone's skin, with non-stop rambling, was responsible for winning half the battles. Of course, again, this takes time, but time is a precious resource and it is a two-way street. I wonder how City Council members would feel about 5-6 hour meetings?!?

Two, Bruce Dickinson asks this question: What do you do when engaged in an endless tug of war?!? You cut the rope!!! A sharp pair of scissors has two blades: money and litigation. Bruce Dickinson proposes this: Burlingame residents need to set up a CEQA litigation fund, though donations of residents, and administered by community activists to select the key environmental/ CEQA issues that we should pursue, i.e. HSR, TODs, Electrified Cal-Train, etc. In effect, it would be a parallel universe "city council" but one run by volunteer citizens, armed with smarts, money, and numbers. The first two are easy, just look at the legends living in this town *wink* *wink*. This "Citizens Council" would gain membership, donations, solicit petitions, etc and tell all these government bodies how Burlingame residents really feel and back it up with sharp teeth! There may even be some state laws under which a non-governmental agency can operate as a legitimate body and where the most prominent members can actually get elected to city council and effectuate change. And guess what?!? sniff out some funding! I'm sure there's some environmental money floating around that would otherwise be used in more wasteful ways. Of course, this would take organization, volunteers, and power.

The third solution is the real way to kill a parasite, such as a tapeworm in your intestines, is that you starve it at the source. In this case, make sure the HSR money is attacked, make it disappear. This may mean cozying up to politicians higher up in the food chain, e g representatives at the Federal level in particular, those in charge of the almighty purse strings, to make sure they hear your voices and cut the fat! Folks, we are seeing $50 dollar a barrel oil, you think some of the "drill baby drill" Republicans (and Democrats, depending on the state or constituency involved) are going to be sympathetic to stuff that "reduces" fossil fuel consumption, like HSR? You might just have to throw away some of your idealism and engage in the Kissingerian "Real-Politik" but let's face it, does the HSR really believe and think they are building transportation a Nirvana? C'mon! Gotta fight fire with fire!

[Second Time Contributor]

Not sure if you saw this yet? http://www.smdailyjournal.com/articles/lnews/2014-12-16/federal-ruling-big-win-for-californias-high-speed-rail/1776425135054.html

[Joe]

Thanks, second timer. Good catch. CC-HSR has this to say about the ruling:

Naturally, this recent STB decision cannot be called anything but "bad news" for those concerned about the possible environmental impacts of the state's out of control
high-speed train project. However, the impact of the decision is very unclear, and this effort by the High-Speed Rail Authority to outflank the California courts, and the California voters, will almost certainly not work out in the long run - at least not the way the Authority thinks it will.

The STB decision is anything but a "free pass" for the High-Speed Rail Authority, and will not, in the end, insulate the Authority's poorly designed and mismanaged project from being held accountable to the public for its adverse environmental impacts.

That's the "good news" perspective, if there is anything "good" about the Authority's effort to avoid environmental accountability. The most immediate effect of the STB ruling is to create a big legal "mess" that will require lots of time (and money) to unravel. By precipitating such a horrible decision at the federal level, the Authority continues its unblemished record of abject mismanagement of a project that the voters once thought was truly promising.

[Bruce Dickinson]

Folks, I would not get too worked up about the Fed agency "ruling" It's just an Obama Administration agency trying to stave off the inevitable, namely the "teat" of public funding that HSR will no longer be able to suckle on. If anything, this could be a great opportunity. Let Dr. Dickinson elaborate:

The Feds have acted, pre-empting CEQA, absent the inevitable Republican Congress funding cuts, the Supreme Court has the potential of hearing the lawsuits, which ultimately will be a states-rights issue. Given the current composure of the Court, this does not bode well for HSR. Bruce Dickinson will be calling up some of the most ruthless lawyers known to mankind, namely those hired in the IP protection and Recorded Music industry suits, who have eaten defendants alive in every District, Appellate, and Supreme Courts. The Dickinson-sized check that might be written for this may be one for the Burlingame History books!