
In theory, the latest round of governmental wrangling over Eureka’s Balloon Track property has nothing to do with Marina Center, the proposed mixed-use, Home Depot-anchored development slated for the site, nor is it per se about Rob Arkley, the millionaire financier behind project applicant CUE VI. In theory, all we’re talking about at this point is how best to clean up the 43-acre former railyard, the soil of which contains nasty stuff like arsenic, mercury and hydrocarbon solvents. In practice, of course, that theory holds no water: Like it or not, there’s simply no separating any aspect of this controversial project from the passionate opinions about (and of) Humboldt County’s most divisive figure.
Today in San Francisco, the California Coastal Commission will decide whether to hear appeals of the coastal development permit granted last month by the Eureka City Council. Said permit allows for what the developer calls “phase one” cleanup of the property, including removal and disposal of contaminated soils from five identified locations, the creation of an 11-acre wetland preserve and grading to prevent runoff into Clark Slough and Humboldt Bay.
At a press conference held Monday at Eureka City Hall, Mayor Virginia Bass and Councilman Jeff Leonard, who were joined by council members Mike Jones and Frank Jager, publicly expressed their desire to be heard at today’s Coastal Commission meeting. (Leonard, Jones, City Manager David Tyson and City Planner Sidnie Olson planned to make the trip south on the city’s dime.) What they’ll say, if given the opportunity, is that they believe the appeals are baseless, that their decision to grant the permit was soundly based on facts, and that this phase is merely the first of many steps toward a final cleanup plan. What they might not say is that they’re convinced the appellants’ motives lie in their deep dislike of you-know-who.
“If it was Mike Thompson proposing this project, most of these people opposing it would be bending over backwards trying to help him out,” Jager told the Journal at Monday’s press conference. “But because it’s somebody else, they’re fighting it every which way they can. That’s exactly the root of the whole problem here.” Jager was noticeably irked. “Disgusting,” he said.
Randy Gans, vice president of real estate and development for Arkley-owned Security National, agrees that opposition is politically driven. Walking around the Balloon Track property Tuesday morning, Gans pointed derisively to spots that have been identified as wetlands — some of them little more than gravelly fissures in the property’s rugged, weed- and rubbish-strewn terrain.
“I think it’s about stopping the project,” Gans said of the Coastal Commission staff recommendation to hear the appeals. “That’s it. Stopping a project that’s not even before them yet. I mean, there’s no other reason to object to this cleanup. I think that’s really unfortunate. And shallow.”
Three appeals were filed — one by Humboldt County Planning Commissioner Ralph Faust, another by a trio of local environment groups including Humboldt Baykeeper, the Environmental Protection Information Center (EPIC) and the Northcoast Environmental Center, and the third by a pair of coastal commissioners. Among the numerous arguments contained in the 27-page appeals document, the appellants contend that the city lacked the factual and legal support required to justify the permit, and that allowing work to proceed before full characterization of the site is completed could damage Clark Slough and Humboldt Bay. City officials, they say, misconstrued the tentative approval of the North Coast Regional Water Quality Control Board as a wholehearted endorsement of the phase one cleanup plan, when, in fact, numerous (perhaps superior) alternatives exist.
Baykeeper Executive Director Pete Nichols said the City Council should have seen this coming. “We informed the city during public comment that the coastal development permit was inadequate,” he said. “It should have been no surprise to them that we appealed it to the Coastal Commission.”
As for the argument that opponents care only about stopping Marina Center, Nichols turned it around, saying Leonard, Bass and Jager, et al., are not advocating cleanup so much as Marina Center.
Standing against a window at City Hall Monday, environmental activist Mel McKinney suggested another motive. “This is political theater,” he said, “and it’s very simple to figure out.” The press conference was simple grandstanding, McKinney argued. Leonard has announced his intention to challenge incumbent (and Coastal Commission Chair) Bonnie Neely for her county supervisorial seat next year, and rumors abound that Bass may also throw her hat into the ring. By publicly supporting (or at least appearing to support) the popular Marina Center proposal, Leonard and Bass set themselves in contrast to Neely, who is seen as an obstructionist.
In Wednesday’s Times-Standard, Councilman and longtime Arkley adversary Larry Glass echoed McKinney’s assessment, calling the event a “political stunt” designed to launch their respective campaigns.
The council hand-delivered a letter to Bonnie Neely, outlining for the Coastal Commission their main points. (Leonard caused a stir when he brought the letter before the council for approval at a recent council meeting without first placing it on the agenda. “Totally my fault,” he told the Journal apologetically Monday.)
Jager said his gut feeling is that the commission will hear the appeal and schedule a de novo hearing to consider refusing the development permit. In what, on this issue, has been a rare instance of common ground, Nichols agreed.
This article appears in Cold Shoulders.

Why is it you don’t mention the fact that councilman Glass is a board member for the NEC?
Is this an op-ed?
Could have fooled me…
If Nichols really had a substantial argument that the cleanup plan was inadequate, that matter should have been taken up with the Water Quality Board, which has staff expertise in the matter. It is obvious that the Coastal Commission is the chosen venue for the objections because it is more arbitrary than the Water Quality Board in its charge of authority and lacks in-house expertise on technical matters pertaining to site remediation,i.e. easier to politicize. It will be interesting to see if the Commission handles this situation appropriately. If the Coastal Commission attempts to usurp the authority of the Water Quality Board on the cleanup, it becomes a potentially serious matter under the Business and Professions Code and laws governing engineering practice.
The Coastal Commission is always making decisions technically out of its league because they can. They are the poster child of an out of control public agency. The other agencies can’t even sue them without the governors’ permission. Nobody can reign them in but the legislature and they won’t for fear of the enviro’s.
And Muskrat please, everything you say is biased.
Interesting thought by Why? on Larry Glass. If Glass is still on the NEC board and NEC is appealing Eureka’s decision on the EIR, there is a conflict of interest and he should recuse himself on Marina Center matters.
@Buzz, if the CC is in the habit of using its authority to play armchair engineer and they are not professionally qualified, that’s a dangerous game. They would be begging to get called out on it before a professional board. And such an action can be initiated by a complaint from a private party.
The Commission staff has been pretty much telling Caltrans what the Eureka-Arcata corridor project will look like..bike trail but no interchange ect.. I think this would qualify as making traffic engineering decisions.
http://humboldtmirror.wordpress.com/2009/10/13/coastal-commission-slams-brakes-on-highway-fix/
That’s pretty gnarly stuff. Their definition of coastal resources seems so elastic as to be meaningless. Seems their perceived scope of authority would be hard to defend — IF someone were to mount a determined challenge.
The commission is safe picking on Caltrans. They can’t fight back because the Commission is ‘family’ and more importantly the Commission has its defenders in all the environmental organizations who lobby the legislature for them. Who really cares if Caltrans gets a beating and is robbed? They’re about all that is left besides Arkley to represent “the man” in these parts.
3eye hit it on the nose. It is about public health and safety when unlicensed, un-certified people play with engineering decisions for political purposes.
Larry was confronted by Tyson about NEC directorship (I hear through the grapevine) and Larry said he recused himself of any decisions regarding ballon tract at NEC hearings. However, unless he provides some sort of public evidence of such, he should recuse himself at Eureka City meetings.
"And Muskrat please, everything you say is biased."
I’m entitled to my own "enviro" opinion, just as you are entitled to your "anti-environment" opinion. Just trying to clear up some confusion about the article…