Tag Archives: CEQA EIR LAW

Time to Kill High-Speed Rail Project, Panel Says


By Mike Rosenberg, San Jose Mercury News, Calif.

Jan. 04–Warning of an “immense financial risk” to the state, a renowned group of transportation and financial experts advised lawmakers Tuesday to pull the emergency brake on funding California’s $99 billion high-speed trainContinue reading

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PAMF Sutter Health Exhaust Vents Called “Substantive Disregard of Human Health” for 80-Year-Old Woman


To me, the most disturbing and distasteful feature of the Sunnyvale Palo Alto Medical Foundation, designed by Hawley Peterson Snyder, is the nonchalant placement of the Parking Garage Exhaust Vent adjacent to an 80-year-old woman’s home which was omitted from study in the PAMF DEIR/FEIR.

PAMF Parking Garage Vents
PAMF Parking Garage Vents

During the June 23, 2009 Council Hearinga compelling speaker, Trustee Robert Varesio, implored “The Planning Commission would not address or answer my questions about persistent proximate exposure.”       Continue reading

Sept 22nd a Monumental Social Justice Day Outcry to Sutter Health with 20,000 Nurses Striking and PAMF Court Hearing


Sept. 22nd marked a monumental day of outcry for social justice directed at the Palo Alto Medical Foundation, a subsidiary of Sutter Health. as it faced not only the Sunnyvale PAMF EIR Appeal Court Hearing, but also dealt with the largest labor action in years as over 20,000 registered nurses went on strike.

Sutter Nurses Strike Sept 22, 2011 Credit Courtesy Community Commons

Sutter Nurses Strike Sept 22, 2011 Credit Courtesy Community Commons

Nurse Morgan stated “Sutter’s focus is on money,” she said. “The nurses’ focus is on patients. Even though Sutter says they are in the business for patients, their actions speak louder than words.”

The president of the largest labor federation in the nation joined striking nurses on a Berkeley picket line. He criticized corporate hospital leaders for what union members say are 200 proposed cutbacks by Sutter Health in employee benefits and patient services.

From the Sunnyvale PAMF perspective, I agree. In my opinion, placing two intense parking garage vents emitting toxic air contaminants known to cause cancer within a few feet of elderly residential homes spoke of insensitivity and a lack of residential and elder respect.

Click Here for the Oakland Tribune “Nurses at Nearly Three Dozen Hospitals in California Hospitals Strike” By Kristin J. Bender 09/22/11

PAMF EIR Oral Arguments Heard Today in the 6th Court of Appeals


The oral arguments for the Palo Alto Medical Foundation PAMF and City of Sunnyvale City Council Environmental Impact Report EIR Lawsuit were heard this morning in the 6th District Court of Appeal with Associate Justice Patricia Bamattre-Manoukian presiding.

The complaints address the inadequacy of General Plan Discussion for the three Kenny Court Residential Homes to become part of the medical facility, improper traffic and noise baseline , and improper construction mitigation for the nearby residential homes influenced by nearly 2 1/2 years of construction noise that exceeds the City of Sunnyvale Noise Ordinance.

In fact, the initial indicators of a required PAMF EIR, according to John Schwarz, of David J Powers & Associatesin an email, warned Sunnyvale Planners Gerri Caruso and Trudi Ryan 9/19/08 of “given the proximity of the residential uses, the HIGH construction levels anticipated and the duration of exposure to those levels . . . ”

The purpose of an Environmental Impact Report EIR under the California Environmental Quality Act CEQA is to disclose the impacts to those not involved in the decision-making process as well as mitigate to avoid or significantly lessen the impacts.

Take a look at this plywood fence that Sacramento Attorneys Trainor Fairbrook consider “good enough!” for noise mitigation, egad! Additionally, wouldn’t it be reasonable to include the massive underground structure in the PAMF EIR analysis? It is not.

Sunnyvale PAMF Intense Shoring Adjacent to Residential Homes Exceeds City of Sunnyvale Noise Ordinance