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C.W. Posse
Posted on Thursday, October 19, 2006 - 10:51 pm:   

Posse Pursues SPCA Jackals in Sheep Clothing

October 19, 2006

To: Honorable Mayor Cathy Baylock

Ruben Hurin, Project Planner, City of Burlingame

Board of Directors, Peninsula Humane Society & SPCA, Applicant

From: Oscar Braun, Executive Director, Half Moon Bay Coastside Foundation CRMP Council

Subject: Comments from due diligence review of a Draft Environmental Impact Report (Draft EIR) has been prepared for the proposed development of a new “Center for Compassion” (Center) for Peninsula Humane Society & SPCA (PHS/SPCA) at 1450 Rollins Road/20 Edwards Court, Burlingame, CA. The project applicant, Peninsula Humane Society & SPCA, is proposing to retain an existing office building, demolish a second building, and construct a new building at the project site to occupy space for charitable, non-profit work.

Executive Summary: The Half Moon Bay Coastside CRMP Council received a request last week to review and comment on the captioned draft EIR prepared for the City of Burlingame by Audrey Darnell.. The EIR author was commissioned to guide and coordinate the physical development and redevelopment of the city consistent with approved policies and the adopted general plan; seek to conserve the values of property throughout the city and to protect the character and stability of residential, commercial and manufacturing areas, and to promote the orderly and beneficial development of such areas and to improve the quality of life for all people in the city. Our due diligence review findings are that this draft study is fatally flawed with two significant negative environmental impacts areas 5.) Cumulative Impacts of animal generated solid waste on the publics health and safety and false and erroneous histories regarding 6) Project Alternatives in the City of Half Moon Bay.

The author of this EIR study did not address the 5.0 Cumulative Impacts of animal solid waste deposal within the City of Burlingame, County of San Mateo or of the prohibitions by Allied Waste Inc. With regards to 6.0 Project Alternatives , the applicant PHS/SPCA makes FALSE and misleading statements regarding the fourteen acre parcel owned by the City of Half Moon Bay that is available to the HMB Boys & Girls Club or another non-profit organization like the PHS/SPCA ‘s proposed Center for Compassion project. …“Although, PHS/SPCA expressed interest in developing around those protected areas, the City of Half Moon Bay has not been able to plan for the sale of the property within a necessary timeframe that would allow PHS/SPCA to complete the project no later than July 1, 2008. This inability for the applicant to control or acquire the property before its eviction from its current facility is further compounded by the additional governmental approvals that would be necessary for development of the site. Therefore, this alternative is considered infeasible.” The City of Half Moon Bay is ready , willing and able to facilitate sales of City owned property within ninety days at a fraction of the price being proposed for their project in Burlingame. See CRMP 09/30/06 review http://saveourbay.org/forum/messages/27/29.html?1160881746 Secondly, PHS/SPCA has falsely asserted that they are being “evicted from its current facility”. We recommend that the City Planner request a copy of PHS/SPCA eviction notice. Under CEQA, when a project proposal is shown to have substantial negative impacts, false or erroneous EIR study findings, the lead agency ( City of Burlingame) is obligated to select the NO PROJECT Alternative. We recommend that the Planning Commission DENY the PHS/SPCA development application.

In Conclusion: We have attached several court documents regarding litigation that flowed from a similar project (Wildlife Associates) approved by the County of San Mateo in 1998 over the protest of the Higgins Canyon Homeowners Association and the Half Moon Bay Coastside Foundation. On September 11, 2001, the Coastal Open Space Alliance (COSA) and their San Mateo County Board of Supervisors launched a campaign of whistleblower retaliation against Oscar and Dr. Braun. The County of San Mateo and Oscar & Dr. Andrea Brauns signed a U.S. District Court trail settlement ending the two Braun vs. SMC civil rights violation lawsuits in late October 2006. Earlier this year,on April 26th Oscar Braun filed a COSA RICO Eco-Terrorism complaint with the California Attorney General’s Office http://www.cwposse.org/pebble/html/2006_April_31_Eco-Terrorist_Racketeering_COSA _BORever.html

·April 2, 2001 Braun letter to COSA member POST: http://www.saveourbay.org/acrobat/BraunBlakePOST_4_2_01.pdf

·October 1, 2001 POST-ed http://www.cwposse.org/5thcolumn/webtool20/pages/Home/POSTed.shtml

·October 23rd 2001 : EPA Referral: http://www.saveourbay.org/acrobat/EPAChrisSproulLandfillLetter.html

·December 26, 2001 Braun respond to COSA retaliation appeal: http://www.saveourbay.org/acrobat/MoonAcresBOSAppealLetter.html

·January 17,2002 Final Notice of Violation BOS Jerry Hill: http://www.saveourbay.org/acrobat/PossesJerryHillNOVLetterof011702.html

·July 18, 2004 San Mateo County Civil Grand Jury COSA Referral: http://www.saveourbay.org/acrobat/GrandJuryReferralSOB001.PDF

·August 4, 2004 COSA vs. Los Pueblecitos http://www.saveourbay.org/acrobat/COSA_V_SOB_Press_Release_SOB001.PDF

·November 9,2004 Braun Declaration Summary Judgment: http://www.saveourbay.org/acrobat/OBDeclarationforSummaryJudgement.pdf

·November 9, 2004 Braun Summary Exhibit #1 http://www.saveourbay.org/acrobat/OBSummaryExhibitPart1.pdf

·November 9, 2004 Braun Summary Exhibit #2 http://www.saveourbay.org/acrobat/OBSummaryExhibitPart2.pdf

·November 9, 2004 Braun Summary Exhibit #3 http://www.saveourbay.org/acrobat/OBSummaryExhibitPart3.pdf

·December 23, 2004:Joint Pre-Trial Statement http://www.saveourbay.org/acrobat/1983JointPretrialConference.pdf

·April 7, 2005:Braun v. County of San Mateo file new Civil Rights Complaint: http://www.saveourbay.org/acrobat/Complaint2.pdf

·March 2007 Rural Lands Incorporation Now Committee goes on the ballot: www.5thColumnvs.US

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(Message edited by admin on October 19, 2006)

(Message edited by admin on October 19, 2006)

(Message edited by admin on October 22, 2006)

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