Subject: CEQA and other Statutory Violations by South Shores Baptist Church and City of Dana Point
Date: February 5, 2010 11:10:40 AM PST

To: Patrick Muñoz, Rutan & Tucker, Legal Counsel, City of Dana Point
ATTENTION: LSA & Associates Consultants EIR for SSBC Project in Dana Point
LSA Project Coordinator Nicole Dubois

CC: DP City Council
CDP Staff

Re: CEQA Process Violations by City of Dana Point and South Shores Baptist Church

Mr. Muñoz:

As I promised before your City Council late last year, here's the email transmitted to Robert Saint-Aubin and myself by the SSBC representatives on November 20, 2009.
You might note that legal counsel for SSBC (Mark McGuire) was included in the transmission, is/was therefore aware of its contents.

It was NOT solicited, and I am willing to swear under penalty of perjury that there was no prompting, no solicitation, no coercion or other activity instigated by me to prompt the distressing information in this email chain. It is my opinion that sent to me freely, with no legal warning or forwarding disclaimer it is my right to publicly disclose its disturbing contents.

In my opinion, it leaves the CDP unable to act as the local lead agency and proceed in a transparent, open fashion that CEQA mandates. It seems that the CDP has an inappropriate relationship with the SSBC and is discriminating against its own citizens, especially the Salt Creek Corridor residents. I believe that the NOP for the Scoping Session should be withdrawn until a thorough and appropriate investigation has taken place.

If you believe that you, as the CDP Attorney are unable to investigate the following allegations, all alluded to either implicitly or explicitly in the communications generated and forward to me by the SSBC reps, then RVSP, ASAP, and I will take it up with the OC District Attorney's Offices, or perhaps more appropriately the Attorney General, State of California Jerry Brown.

Several glaring items in this communiqué that beg for state intervention involve interference with and preferential, biased treatment of SSBC in the CEQA process.
CEQA has been compromised regarding the SSBC project, and by this email I've attached will apparently continue to be compromised, subverted in a seemingly collusional or conspiratory manner
It appears as if their privileged relationship with CDP staff was integral in the now rescinded MND generated by SSBC personal consultant and biased Board member, Cheryl Hodge.
Cheryl Hodge is obviously still engaged in the process and is welcomed in your staff's offices.
Embedded is SSBC intent to control/influence the sub-contractors and vendors of the EIR consultants at LSA during the EIR process.

As revealed, Public Works Director Brad Fowler has been the object of hectoring and arm-twisting, subverting his ability to be objective regarding the illegal parking taking place in front of SSBC.

Especially distressing is the information that alleges City Manager Doug Chotkevys has agreed to and will continue to "take care of " (tear up?) the tickets for Church members vehicles issued by the OC Sheriff's Department.
Under what circumstances is the CM allowed to unduly, perhaps illegally petition, interfere or convince a County enforcement agency to expunge these appropriately ticketed violators? There needs to be a separate investigation regarding the breach of the CM sworn duties regarding upholding the laws in his domain.
If tickets have been expunged, this is in my estimation an abuse of his discretionary powers.
Perhaps the OC Sheriff's Subdivision in Dana Point could provide the total number and dates of those disappeared, "taken care of" tickets?
One is led to wonder what else your CM has fixed for this Church or for other preferred insiders, how many other projects contaminated by a pre-disposed and biased City Hall?

I challenge you, or any of the parties on this list to interpret the information freely given to me in any other way than I have stated.
I'm not an attorney, I don't purport to be one, but it is my opinion that my allegations are justified and merit legal inquiry and remedies (plural).

I look forward to your timely response, and am willing to discuss this at the earliest time convenient to all.
If I receive no response I will proceed as I deem necessary to assure Dana Point residents find the level playing field CEQA mandates.

Roger von Bütow Founder & Executive Director
Clean Water Now! Coalition (Established 1998)
P.O. Box 4711 Laguna Beach CA 92652
Home Office: (949) 715.1912 (Voicemail AFTER 6 rings)

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