Law Offices
227 Behrens St., Tel: 510-525-7222
El Cerrito CA 94530 Fax: 510-525-1208
October 6, 2008
By Email & Facsimile
Martinez City Council
Philip Vince – City Manager
City of Martinez – City Hall
525 Henrietta Street
Martinez, CA 94553
Re: Notice of Commencement of Action; Notice of Immediate Request for Ex Parte Stay of City’s Approval of the Emergency Creek Bank Stabilization, Alhambra Creek, Escobar to Marina Vista Project
Dear Council Members and City Manager:
Pursuant to California Public Resources Code §§ 21167 and 21167.5, please take notice that my client, Worth a Dam, intends to file a Verified Petition for Writ of Mandate challenging the City’s October 1, 2008 approval of the Emergency Creek Bank Stabilization, Alhambra Creek, Escobar to Marina Vista Project as contrary to the California Environmental Quality Act (“CEQA”). Petitioner has consulted an expert in the field of fluvial geomorphology, who has found that there is no evidence that the retaining wall and properties in question are at imminent risk of failure. Thus, the City’s “emergency” exemption of this project from CEQA review is unsupported.
My client was informed late Friday that the project could start as early as Monday, October 6 2006. For that reason, please take notice that Petitioner intends to go ex parte at or about 1:30 p.m. on October 6, 2008 in Department 60 located in Room 102 of the Contra Costa Superior Court, 725 Court Street, Martinez California, for an alternative writ of mandate and order to show cause why the City’s approval of the project should not be set aside. In addition Petitioner intends to seek a stay of the permit approval decision pending a decision on the merits of its Verified Petition.
As you are aware, we will need to file our action in order to seek ex parte relief. Thus, if the City wishes to make an effort to resolve this matter without the need for litigation, please contact me immediately, and specifically before 1:00 p.m. today. Based on my review of the project and record, I believe that there may be mitigation measures that could be incorporated into a revised project that would alleviate my client’s and the public’s concerns regarding the potentially significant impacts that this project may have on the local Martinez beaver population.\
Very truly yours,
Michael W. Graf
C002 NCA and Ex Parte Letter.wpd
