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8.A. - Page 68 <br /> Challenge to EIR based on content of landfill <br /> Refer to Attachment"Pete's Harbor Development" by James Beeby,Master of Science in Safety <br /> (USC 1981), Certified Safety Professional (Cert No. 6759), Registered Environmental Assessor I <br /> (No.05454), California Task Force 3 H MA Urban Search &Rescue Hazardous Materials <br /> Technician,Pete's Harbor tenant. <br /> Content of above-cited document discusses and challenges current EIR for not answering two <br /> important questions: what is the composition and source of the landfill used to convert the site <br /> from swampland to the elevated firm surface seen today and does the Iandfill contain hazardous <br /> materials. <br /> Slip loss Miti:ation Plan in the EIR is outdated,inaccurate and insufficient for the displacement <br /> of the liveaboards. <br /> Slip loss mitigation plan in the EIR relied upon a silver bullet—the coincidental approval <br /> for a brand new marina at Westpoint Harbor, the first and only new marina in the entire <br /> Bay in 40 years, to provide new slips to displaced boaters. That marina has not been <br /> developed as planned and over the 9 years since the EIR, those slips have gone to other <br /> boaters and there are very few slips available to offset the loss of 263 slips which is <br /> expected to occur in January 2013. Additionally, the EIR planned for 60 brand new live- <br /> aboard slips at the proposed Westpoint Harbor. That planning was not permitted of <br /> BCDC restrictions and the actual number of live-aboard slips available at the Westpoint <br /> Harbor is limited to just a handful. These events invalidate the 2003 EIR conclusion that <br /> loss of public slips and live-aboard slips is not significant. The 2012 addendum fails to <br /> readdress this issue as is required when baseline assumptions are no longer valid. <br /> Approving the project despite a critically inadequate plan for mitigating this significant <br /> problem will result in severe and unnecessary hardships to local boaters. <br /> Settling and damage to the Villas should be explored, and the Villas ownership of a view <br /> easement should be confirmed to avoid litigation. Settlement and sinking of structures in <br /> Redwood Shores should be explored and confirmed. This development is on a potentially <br /> unstable landfill that was undertaken by a private party,not a corps of engineers overseen by <br /> local, state and federal officials and standards. <br /> Climate Change–Sea Level Rise <br /> The Staff recommendation contains a brief, high level and abstract reference to City processes for <br /> climate change and sea level rise.The Governor has recently launched a thorough policy <br /> undertaking with a focus on sea level rise, and this is not addressed in the Staff Recommendation. <br /> The people reserve the right to fully explore, investigate and brief this issue on appeal. <br /> This brief/appeal incorporates by reference the communication from Lee Callister/A Buoyant <br /> Life to the City during the business hours of October 16, 2012. <br /> The New General Plan incorporates policies and programs to address sea level rise and <br /> development of coastal structures with the relevant policies are: <br /> 9 <br />