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7.A. - Page 260 �ackground• Tlae gene�al��ublic and the several l�uncired occupants of Fete's Harbor first leanled af tlie Pennit Application on 5eptember 20, 20I2, afi a brea�Cfast meeting held hy�'aula Uccelli. Na de�elop�ent has been proposec[ at Pete's sinc� 2008 a��d no study sessio�x or ot�Zer pub�ic invalvement has occurred since b�fore voters voted down the Marina Shores proposal in 200A-. The 2008 developmcn� �1i�g does not appear to have been�nade�ublic�y krtown to residenls or voters, and was taken affthe Cify's record with a lor�g list af it�ms�a be adc��essed(see Appendi� B to GP disc�zssing Site J (i'ete's Harbor aiad taoti�g(irt 2Q101j t�at liveaboards would stay. Mrs. LJccel�i does not appear to have �ver natified tenan#s of a��y posi-2004 develop�nent. As a r�sult as far as tiI�►e ublic and tenants knew no si nifica��f develo inent was ra osed or dzscussed af Pete's Harbor since the "No"vote on Measure . In addition, the Cify should be aware that residea�ts at Pete's aze prohibited ta state Qne UcceIli Slvd. as their address,l�ence ihey wauId npt receive any notice sent to residents,tei�ants or occupan�s of One Uccelli Blvd. No o�►e recalls receivi�l an notice ertainin to a z�ei.ah�orhood worksho for exam �e i�� th�"Visior�in�" or draftf��rocess a�the 2010 General Plan for a "Waterfront"neigliborhood. Note, also tl�e Waterfront 2030 `vision vi nette' for the Waterfro�Zt area East/North of 101 never states tl�at rivatization of a cojnmercial marina has taken lace. tt s�outd also be noted that the Marina S�ores developnnent would not�ave privatized Pete's Har�or for exclusive luxu�y private slips. Rather, tikt.e I�arbor and n�ari��sa wouId�Save continued in comrrtereiai us�, incIudi�1�;the incIusiors of liveaboards, at Ieast based a�l the information�nade a�ai�able ta voters at the time. T�erefore,whether Marina Shores passed ar na�, eazna�aercial use of Pete's would have contirtuect. In additior�, rather than including or notifying Pete's tenants and the pubIic in any potential post-2004 develapment p3ans, Mrs. Uccelli se��t letters indicating: * "As soon as there is any hint of major change on ihe horizon you wil.l be informed IMMEDIATELY! (all-capitals e�nphasis iz1 ariginal, Dec. 2006) * "I receive �reque�►t inq€ziries fronl some of you regardit3g a�3y changes planncd for the Marzz�.a in 2009. I waa�t to take tl�.is opportunifiy to rernove any conce�as o�•uncertainty you r��i;ht have about the f�ture of the Harbor. . . . I wa�tt to assure yo� f��at if and when �a� project does proceed, we wiIl give you tl�e consideration af several months of prior nofiice b�fare any worlc starts."{no refarence�o�jection of liveabaards, Nav. 2008) * "W�havc no p�ans to change t�e marina." (March 2009) * "Pete's Harbor has not been solcl, it is not i��contract or iz� optian to be sald and flur business operatio��s remai�a u�changed." (March 2009}. * "AIso, it has always been��y intentic�n that tl��rr�arina contintiies as part of Petie's �e�;acy" {luly 2012 and��ot advising of�jectioz�af liveahoards). '�` "Ainang thase interested [in residential and marina develo�inent at Pete's Hazbor] are peaple Pete always felt would resp�ct the land, tI�e e�zvironment, and 1�e a good steward of the property(same July 2012 letter, nat ideiatifyi�lg athers interested or plans imminet�t tl�ai would privatiz�the slips for luxury condos). * "In the past,there have been several false rumars, es�ecially the one that the Harbar llad becn so�d. However, I contin�e with "busi��ess as usual," and T remain optimistic aild laapeful that sarneday Pete's dream will become a reality . . . (J�ly 2012) * "In July I wrote to you that tl�ere was a rest►rgencc af i�lterest in developin�xesidez�ces at Pete's Harbor and that a patet�tial developer was sub3nitting plans to tlae City. (Septemb�r 1�, 2012 (a��d a blatantly untrue statement, th�July 2012 lelter did not state that a developer I�ad filed plans with the City, otherwise t�e residents would have had iwQ aelditional mon�hs of notice)). * Note: Septe�nt�er I 0, 2012, letter titled"Update on Pete's Harbor" and stiII na me��tion of ejectio��a�d privatization,with an invitatiot�to"hear a�out th�pla��s" at a breakfast meetin�;. 3