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Decision on Study Delayed By City: RICHMOND: Council Keeps Hearings Open, to Rule in Month on Survey of Toxic Waterfront Slated for Luxury Condos

Posted on: Friday, 10 March 2006, 09:00 CST

By John Geluardi, Contra Costa Times, Walnut Creek, Calif.

Mar. 10--The Richmond City Council has put off approval of a controversial environmental impact report that would clear the way for construction of 269 residential units on a toxic waterfront site.

During a public hearing Tuesday, 44 people spoke for and against the development. The council kept the public hearing open and will consider the report again within 30 days.

The report was approved Jan. 9 by the planning commission. A group of trade unions and Sims Metal, which operates a metal recycling company near the proposed site, appealed the decision.

"When the city first released the (environmental impact report), we reviewed the document and on the surface it appeared the site was prepared for residential development," said Tanya Gulesserian, an attorney with Adams Broadwell and Cardozo, which is representing the trade unions. "However, we consulted a toxic chemical expert, and it has become abundantly clear that hazardous waste exists on the property and must be removed."

The trade unions, which include electricians, steamfitters and sheet metal workers, want to ensure safe working environments, Gulesserian said. None of the unions is currently contracted to work on the project.

Toll Brothers homebuilders has proposed the five-story Westshore Marina Residential Condominiums on a vacant 6-acre site at the end of Marina Way South. The units are expected to sell for $500,000 to $650,000. .

Sabrina Teller, an attorney representing Toll Brothers, said the developer is aware of the contaminated soil and has hired a geotechnical consultant to develop a soils management plan.

"The contaminated soils will be removed," said Teller, who works for Sacramento-based law firm of Remy, Thomas, Moose and Manley. "We will be submitting a soil management report, which should be complete in two to three weeks."

According to a Department of Toxic Substances Control report, the property is contaminated with antimony, a toxic metal. In small doses, antimony can cause headaches, dizziness and depression, according to the Environmental Protection Agency's Web site. In larger doses, it can cause violent vomiting and death.

The Department of Toxic Substances Control estimates that 4,000 to 6,000 cubic yards of contaminated soil must be removed before construction begins, said department spokeswoman Angela Blanchette. Removing the soil is tricky because it could release toxic particulate matter into the air, she said. The removal will take hundreds of truck trips, potentially creating a public health risk on Richmond streets and all along the route.

The Council also could have directed staff to revise the environmental report, which would have allowed the public to comment on the soil removal. Instead, it will consider the report again in 30 days. During that time, Toll Brothers, city staff and the Department of Toxic Substances Control will try to agree on a safe soil removal plan.

Councilwoman Maria Viramontes voted against the motion and wanted a more extensive revision of the report, which would have given the public more opportunities to comment on the removal plan.

"This way, your going to have trucks driving through Richmond's neighborhoods, and the people who will be affected have no way to comment on it," she said. "It doesn't make sense."

Reach John Geluardi at 510-262-2787 or jgeluardi@cctimes.com.

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Copyright (c) 2006, Contra Costa Times, Walnut Creek, Calif.

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Source: Contra Costa Times (Walnut Creek, Calif.)

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