“Council is the Ultimate Fact-Finder and Decision Maker” States City Attorney David Kahn


When Sunnyvale Councilman Christopher Moylan asked for his approval or disapproval of the PAMF EIR to meet CEQA during the June 23, 2009 hearing, City Attorney David Kahn replied “the Council is the ultimate fact finder and decision maker on the adequacy of the EIR.”

Kahn added “The CEQA document is really a disclosure document to disclose and look at all the reasonable environmental impact. If the Council . . . believes . . . that the – – the document does disclose and look at the documents, then it’s not required to look at every possible issue.”

Wow, when I heard Kahn say that I couldn’t believe it! The impression to me was “loosey-goosey.”

The Sunnyvale City Planners, Council and public had been presented with NEW material and findings during the June 23, 2009 Hearing: Air Quality Reports, Visibility View Site Lines, Unresolved Traffic Issues, Parking Garage Exhaust Vents, Construction Noise Contours, etc.

Did the Council Members, Planners and those not involved in the decision-making process as required by CEQA have an adequate amount of time to review and analyze the new material delivered at the hearing?

According to myself and many witnesses present, NO!

NOTE: The Sunnyvale City Council has recently been sued and lost both the Mary Avenue Extension Project and Mathilda Overcrossing Project.

The Sunnyvale City Council is currently faced with a third CEQA EIR Lawsuit, the PAMF EIR.

Copies of the PAMF DEIR/FEIR can be located at the Sunnyvale Library and Planning Dept for review.

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