Judge sides with Menlo Park, Atherton over flaws in high-speed rail review; could delay project

The legislature should propose a bill to the Governor that would delay the HSR project until the budget is balanced and the deficit is wiped out. Today California has the dubious distinction of being rated 50 out of 50 States in Bond ratings. This means that Californians will pay the highest interest for bonds and bonds are used to fund HSR.

I would like to drive a Bentley Continental. But I don't because I can't afford it [portion removed]. If constituents have to live within their means so should the State of California.

The suggestion from Hank Lawrence above makes a lot of sense (imagine Morris Brown saying Hank Lawrence is making sense --- what is this world coming to).

However, this is simply not reality. Last summer Senator Roy Ashburn tried in vein to get AB-3034 delayed in the State Senate -- fiscal problems were among the strongest arguments. His efforts went nowhere. Ironically, Ashburn was the key vote needed to get HSR started back about 10 years ago --- without his vote, there would be no High Speed Rail Authority.

The Judge's ruling has serious implications for the project The key point here is that the Authority planned the route to LA using the Pacheco pass, but to get there they needed to use the Union Pacific (UP) right-of-way from San Jose to Gilroy. The Authority never made any kind of agreement with the UP to use this corridor. They still haven't any agreement to use this corridor. Yet the Authority certified an EIR that used this corridor to get to Gilroy. CEQA simply doesn't allow this kind of non-sense.

At the very least an amended EIR must be prepared and it must study a corridor that the Authority can use. Yes, this will nean delays at the very least. It might also mean that a re-consideration about using the Altamont pass (a much better routing for everyone except San Jose), could be in the works.

In the meantime, all further EIR work on the project level EIR for the Bay area should stop. Right now there is no certified route to get from the central valley to the Bay area.

Morris Brown
MP

The folks who are concerned and involved in this decision should read the excellent editorial in The Washington Post by Samuelson that is circulating around town. If you're interested, you can read it online on the newspaper website. In this economic climate we all need to understand reality and not believe in misguided ideals that aren't fact-based.

Grave concern as to competence when Congresswoman Eshoo forgets she signed a letter approving Pacheco Pass. It is sad! She should resign now before doing any more damage.

The question of the use of UP rails for HSR between San Jose to Gilroy was discussed in public at a Joint Powers Board Meeting years ago. It was stated that, if necessary hsr would build its own tracks.

Did the Almanac reporter actually read the decision? It is available on my California High Speed Rail Blog; it's not a particularly difficult document to read and understand.

Morris Brown/Martin Engel and I will probably never agree on the actual meaning of the decision. But you'd think a reporter would actually base an article on the decision itself, and not on a he said/she said approach where two partisans try and spin the decision's meaning.

VIBRATIONS?
Pacheco Pass?
Gilroy?
What about the rest of the communities who get a lateral pass to carry the ball for the monster rich cities when we KNOW Atherton, Menlo Park, Woodside sit by quietly without a peep to complain so that BIG MONEY doesn't appear to be buying off courts whereas you couldn't shut them up when it came to saving an ugly eyesore of a house? They DID manage to get a half billion dollar grant to move and develop the TESLA which will never be sold to one average grand child when it is already outmoded?
As the debate of this century continues as to whether to make CA the

(cont)HSR capital of the U.S. or, try to prevent its happening when it is the only thing Schwarzenneger and Washington know is the only way to BEGIN spreading from the West Coast and increase employment. That half billion to TESLA happened WAY to fast without any objections only because when we ask for 50 billion to begin work on the HSR, will have something to compare to the RIGHT....
FACT:China is raising its spending on railway construction in 2009 to 87.9 billion as part of a stimulus plan to boost domestic demand and adding 3200 miles of new lines which could be completed in 2009 and 5 high speed passenger lines will be in operation by 2010!
Have any of you been there to see the progress..the aformentioned fact that China is the world's number ONE car manufacturer?This Sunday announced it is bypassing the US already in Solar use? During this year,California jumped to 49 in "business friendliness" according to Samuelson in that Washington Post article? I suggest all of you read it if you haven't and realize China is going to hand over jobs to Americans who are already investing and making money.It is quite likely that it is one of those Silicon Valley types who like to keep the rich from having to hear those noises, vibrations, and make a lot more--but not as much as before--money. Do you really think those tycoons (small scale by world standards) give a rat's derrriere about you or me?....or the rest of the country which has to begin using its smarts because China already has plans on how to feed its people and will not be buying from us in 5 years.That is just ONE country, but the world leader, and soon be followed by India and the most populated countries who we thought of when we wanted to go someplace exotic for a vacation? Finally, there is Russia and to the complacent lot of you here thinking you have beat the HSR

from ruining your neighborhoods and have your houses torn down by Eminent domain, I think you best begin by reading the WORLD'S growth and economy and the rate they are moving.
The fellow who started MacAfee and had about $100,000,000 in his pocket a few years ago, and now is down to four if he can sell his house, is what those "philanthropists and venture capitalists" have been reduced to income wise.
A LOT of them are pretty broke by comparison, and are not able to make a daring move because they are now of an age where they may have to depend on spoiled kids who thought they were going to take over papa's business.......
HSR HAS TO START NOW!

Lost in this "diss"cussion is the Judge's dismissal of Menlo Park's brief as moot because some Menlo Park administrator didn't date/time stamp the city's EIR comment letter bearing the City Mgr.'s signature. Or was that the previous "interim" city mgr? Or, was it even sent? With the serious implications for Menlo Park residents/businesses along the proposed HSR corridor, the council needs to be confronted soon as to why Menlo Park's case was thrown out of court because "somebody in authority dropped the ball!"
That somebody should be forced to resign immediately for betraying the public trust.

This council was one of the first two in the state to actually challenge the CHSRA. Look at all the BS thrown around y Cruikshank and his train zealots, the Dems, the Governor, all the big political machinery angry at little old Menlo Park.

I still think rail is coming because these guys don't care about communities, only cities, but I am happy my council at least stood up.

I am not sure what you mean by confront, but it sounds odd.

Mr. Gordon, your posts are unclear. I mean no affront, but I cannot understand exactly what you are saying with regard to MacAfee...

Basically, any of you in the not so rich category as he was, $100 million means quite a bit to the average.

Unless you fall into a forever yielding money group or have Rockefeller or Astor fortunes, a lot of you who do not pay attention to the changes in our country will be leaving your children and grand children a lot less from your fortunes. The difference between those families and the super rich today, most all of those families spent their time seeing their money was spent to enrich the country and its citizens and did not fear the shrill noise of train whistles.

So, all of you venture capitalists and philathropists throw crumbs to your own with baseball parks, swimming pools, and gyms but ignore what the country has become.

The Barbara Bush attitude towards the people of California and HSR and unemployment is pervasive and it can all be traced to a very small area where all of those who think like BB feel protected by proximity and none of you choose to get involved in what does not affect you, without realizing that it will end up being your loss to not become involved.

Menlo Park's objections to the EIR were thrown out by the Judge. But not for not having a date stamp. No No No.

They were thrown out, because they were never sent. The City conducted a search and was unable to confirm that 9 letters and also e-mail with the comments were ever sent. This all happened on the present City Manager's watch. The results of the investigation have been covered up.

If Menlo Park's comments had be sent as planned, more points in the lawsuit might have been won. Nevertheless, the ruling is a major victory for the Cities along the Peninsula.

Palo Alto's friend of the court (amicus) brief was also thrown out by the judge, apparently because it was off topic and dealt with points that weren't included in the lawsuit. And of course, Palo Alto passed a resolution in favor of Prop 1A and then went back on it.
It looks like only Atherton's staff was on the ball enough to weigh in on this lawsuit/EIR.
I'd say Menlo Park and Palo Alto's handling of this is pretty embarrassing.

This suit doesn't have legs without Menlo Park jumping in. Sorry to bring reality here, but the fact that this council voted to get into this made this suit more than a small town and a few environmental groups. Menlo Park brought weight.

Not sure about the filing or whatever, but I think Atherton and Menlo Park had pretty similar papers?

I can't find any document that says Palo Alto was off topic. Can you point me to that judge comment?

It's in the body of the judge's decision, which is posted online. Page 20 for Menlo Park's comments not being incorporated and page 21 for Palo Alto's amicus brief.
Web Link

Menlo Park was laughed out of court for not meeting filing deadlines, just like it's council and staff are the laughing stock of the area.

Question:

Do you believe the judge is not being coerced to go the way of the people who object the HSR being brought to California, even if it does not come within a decent distance of their homes? I hope you know that bullet trains are next to silent.

In case you eventually do lose your objections, do you realize you will be one of the first of rich communities who will have to give up their homes by Eminent Domain and may be forced to move?

The old, rich, crony residents are the laughing stock. Trust me.

UNDUE INFLUENCE?........IS IT POSSIBLE

When we think of the longer term future of this region, this state, and this country, we should consider the inherent tradeoff being made to support this rather than the California higher educational system. An educated public is the key to productivity, a healthy economy, and national security.
There simply isn't enough money for the foreseeable future to support this and to do what's right for the UC and CSU systems. Let's get the priorities straight!

"priorities"
WHERE did we get the last 3 trillion?
We borrow from China and India and we have all this land for them to take over......silly.

I liked it better when NOBODY could get to sleep worrying and then something got done. Now, everyone just sleeps and hopes the Health Care system is almost taken care of......WHAT A GREAT COUNTRY!