Hoping for a fresh catch, Drakes Bay Oyster Company has petitioned the 9th Circuit Court of Appeals after a three-judge panel voted two-to-one against the oyster company’s appeal for a temporary injunction to delay the decision by the Interior Department to let its lease run out.
An appeal to rehear the case would mean an “en banc” hearing in which all 11 judges of the panel would need to hear the appeal, but there’s no guarantee the court will agree to take the case. Drakes Bay is seeking a temporary injunction to let the oyster company continue to operate until a lawsuit challenging the Interior Department decision can be heard. In November 2012, the Interior Department told the company the lease wouldn’t be renewed. In February 2013, U.S. District Judge Yvonne Gonzalez Rogers ruled against granting a temporary injunction.
The fight over Drakes Bay has raged for years and has divided Marin in a fairly spectacular fashion, with supporters arguing the oyster company is a an example of a small business engaged in sustainable aquaculture and detractors arguing that Drakes Bay needs to be removed from the National Seashore to return it to its designated wilderness state.
In other oyster news, Hog Island Oyster Company of Marshall has expanded its space in the San Francisco Ferry Building. Construction is set to begin in January on the space formerly occupied by Ferry Plaza Seafood. Hog Island was one of the original tenants when the remodeled Ferry Building opened as a foodie cathedral a decade ago. Hog Island shared the space with Ferry Plaza Seafood. The new, larger all-Hog Island Oyster Bar will reopen in March after getting a facelift. It also has a Napa location at Oxbow Public Market.
The boogey man won’t go away
Affordable housing and its slightly more acceptable cousin, workforce housing, continues to take a beating in Marin. And it’s a little surprising that Marin businesses aren’t making more of a case for housing that would serve some of the workforce that now has to commute from a distance every morning.
The San Rafael City Council backed down from high-density housing plans in an area near the Civic Center designated to serve transit. The designation for higher-density housing near transit would include an affordable housing component, which has become a lightning rod for controversy in Marin in recent months.
The council also agreed to limit building in the Redwood Highway and Merrydale Road areas to a height of no more than three stories to assuage the fears of those who thought skyscrapers might be next.
Just across town, the Marin Board of Supervisors infuriated affordable housing opponents by approving density plans that reaffirm existing building policies in "city-centered" areas. While an opponent screamed "recall them all" at the vote, Supervisor Steve Kinsey noted that it was unacceptable to denigrate people seeking affordable housing and labeling the latest housing debate as "hurtfully prejudicial."
Just off the shelf
Diesel, a small bookstore chain with locations in Oakland, Brentwood and Malibu, has opened a location in the Marin Country Mart in Larkspur. The chain has a tag line on its website, which hits home: “How have you stayed culturally alive without us?” Hopefully by visiting other neighborhood bookstores, but now that you know…
I applaud any retailer willing to open a bookstore these days and take on the likes of Amazon or even the Marin-Mother-of-all-independent-bookstores, Book Passage. As a reading junkie, any local outlet where I can engage with other readers and get my fix is a welcome addition.
In other bookstore news, The Lovable Rouge Bookstore in downtown Novato has celebrated its first year of operation and has extended its hours. It is now open Monday through Thursday until 8 p.m. The unique shop features new, used and vintage books and collectables, fine cigars and the razor-like wit of its proprietor, Carlos Castillo.
Your Marin moment
The August defeat at the Board of Supervisors of the proposed Balestreri solar farm in Novato was disappointing for those who thought a green project that would supply clean energy and help a small business should get a green light.
“Community character is important in our [county] plan,” said Supervisor Judy Arnold, who represents Novato on the board. “Our rural character is important.”
Apparently, so is getting reelected.
The truth is, the project was sacrificed at the altar of politics. Here’s a dirty little secret to those familiar with how the Civic Center works—or, in some cases, doesn’t: When it comes to a vote on controversial projects, the supervisor in whose district the project is proposed gets the unofficial support of fellow supervisors. So when Arnold decided she was against the project, Supervisors Kate Sears and Kate Rice supported her decision and ended up voting against the project. Supervisor Susan Adams was missing in action the day of the vote and Steve Kinsey voted in favor of the project.
Understand, this is a political nicety and not a vote lock, but the courtesy has long been in place and is one way to ensure supervisors can look to their colleagues to respect their districts.
It’s an antiquated system and one strong leaders would be inclined to eschew—and the public deserves better.
In this instance, it’s a little worse than that, because according to a very strong source at the county, Arnold voted against the project not because it didn’t fit with the rural character of the neighborhood. No, she was counting votes with an eye toward her reelection in 2014, and when she did the math on the solar farm, she saw that supporting it would cost her too many votes and possibly put her lights out for a seat on the board.
So the plug got pulled on the solar farm.
