Wow!
3000 supporters...we may get to 5000 yet!...;-)
Believe me, your signatures, letters, and comments are making a big difference in this battle. We are budging the needle.
Your pressure helped to move the SB County Board of Supervisor meeting on their proposal, and to approve their MND, until November...
The County keeps tweaking the alignments in an attempt to convince the public that they are trying to save trees...BUT, that totally depends on the false assumption that they will be allowed to construct a 14' wide road in a protected nature preserve using over 2000 tons of asphalt and road base along with 1100' of concrete retaining walls that will be 5' tall...this is their so called Alignment B...
We have been in talks with the Land Trust of Santa Barbara County over the last several weeks...
This is what they are saying publicly...
"The County of Santa Barbara is considering several proposals for a multi-use bike and pedestrian path in this area. Environmental assessment is ongoing and the County recently made a 30-day extension for public comment on their proposals with a plan to vote on the project in November. The Land Trust has not approved any proposal that affects the Modoc Preserve or the conservation easement that protects it."
However, through our Public Records Request, we have a copy of the 4 page letter that SBLT and their legal team sent to the La Cumbre Mutual Water Company (LCMWC) and SB County...and, their legal counsel...
After discussing the details with someone intimately involved in the process,
in our opinion, the plan as it stands now...even after all of the tweaks...to a "reasonable person" will not be able to meet the criteria set forth in the Conservation Easement Agreement signed in 1999 between SBLT and LCMWC...
Here is a portion:
Provide information to show that the construction of and use of the bike path:
• Will not result in soil degradation of erosion (Section 3, preamble);
• Will not result in pollution or degradation of surface waters that significantly impact the existing wetlands, uplands, or wildlife habitat in the Easement Area (Section 3, preamble);
• Will not result in the impairment of open space vistas (Section 3, preamble);
• Will be consistent with the purpose of the Conservation Easement to “assure that the Easement Area within the Property will be retained in perpetuity in its natural, open space, scenic, wetlands,ecological and wildlife habitat condition, use and utility, and to prevent any use of the Easement Area that would significantly impair or interfere with the Conservation Values” (Section 3, preamble; Section 1);
• Will prevent use of the path by motorized vehicles, such as electric bikes, which are a concern of the Land Trust (Section 4(d));
• Will prevent dumping and garbage (Section 4(e));
• Does not cause significant degradation of topsoil quality, significant pollution, or a significant increase in the risk of erosion (Section 4(f));
• Will not alter the general topography or natural drainage of the Easement Area, including the excavation or removal of soil, sand, gravel, or rock (Section 4(g));
• Will not result in the alteration or manipulation of watercourses located in the Easement Area or the creation of new water impoundments or watercourses (Section 4(h));
• Does not generate significant noise, traffic, dust, artificial lighting, or crowds or which may impair the natural open space, scenic, wetlands, ecological, and wildlife habitat values (Section 4(i)); and
• How public access to the Easement Area will be managed and restricted to protect public safety and the Conservation Values (Section 3(h)).
This is a pretty big ask of SB County to conform their most updated plan to comply with the "conservation values" of the Conservation Easement Agreement...
Any new bike path has to be ADA compliant...which will be difficult without the use of asphalt...which is the County's material of choice...which would cause degradation of soil and alteration of topography with all of the grading that would take place...
That's about all we can say for now...keep on fighting and spreading the word...
We will not let up until they give up on the project or the grant expires...whichever comes first...because, the bottomline is that if this $8MM project was purely coming from SB County tax payers...it would have been stopped a while ago...
Last...but, not least...
We need to keep the pressure on...we anticipate a bully move...up to, and including, the use of eminent domain...:-(
Our goal is to keep this ecologically valuable open space from encroaching urban development. We can do it with your help.
Please contribute to our legal fund to help save these iconic heritage trees before it's too late. Everything helps!
Invite all your friends to MAKE SIGNS and JOIN US at the SMRT (Save Modoc Rd Trees) Rally, on Sat Aug 27, at 11am!
We will have make sure that 2nd District Supervisor Gregg Hart and his incumbent Laura Capps hears us LOUD and CLEAR!
Meet under the tallest trees near the bike path at Modoc and Encore Dr. Ride your bike, walk, or drive - plenty of parking along Modoc or Encore Dr. See you there!