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

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

Per Court Order, Sunnyvale City Council Decertifies Mary Avenue Extension Project

By Alia Wilson, Sunnyvale Sun Posted 06/29/2011

awilson@community-newspapers.com

As ordered by the Superior Court, the Sunnyvale City Council decertified the Mary Avenue Extension Project environmental impact report and project approval Tuesday night, three years after it was originally approved.

The action followed a lawsuit filed by the Sunnyvale West Neighborhood Association in 2008 that contested the approval and adequacy of the EIR. The project was for a proposed bridge at the north end of Mary Avenue at Almanor Avenue. The bridge to the Moffett Business Park was designed to allegedly mitigate part of the traffic effects of the Moffett Towers.

Supreme Court Denies VTA’s Request for Sunnyvale West v. City of Sunnyvale City Council Depublication

The SUNNYVALE WEST NEIGHBORHOOD ASSOCIATION v. CITY OF SUNNYVALE CITY COUNCIL Certified for Publication Decision is significant and historic. A big win not only for the Mary Avenue Extension Project (MAEP) residents living nearby, but for all communities in California affected by projects requiring an Environmental Impact Report (EIR)  in compliance with the California Quality Environmental Act (CEQA) law and policy.

The Published Decision is so significant, in fact, seeming to rattle the systems of massive agencies, such as The Santa Clara Valley Transportation Authority (VTA) as they led, with an additional 15+ other public agencies and private industry groups, in filing a multitude of Briefs to the Supreme Court with Requests for Depublication this past February.

The VTA’s et al Request to Depublish the SUNNYVALE WEST NEIGHBORHOOD ASSOCIATION v. CITY OF SUNNYVALE CITY COUNCIL was denied by The Supreme Court yesterday, April 27, 2011. The case is now closed. 

Failed City of Sunnyvale Mary Avenue Extension Project Fees Almost $1.3M and Rising

The City of Sunnyvale has been charged close to a whopping $1.3M to date for the failed Mary Avenue Extension Project (MAEP) with additional expenses to De-Publish Precedent Opinion climbing and still yet unknown.

Filed and Published December 16, 2010, the 6th Appellate Court ruled against the City of Sunnyvale Council’s approval of the proposed Mary Avenue Extension Project and its Certification of the Final Environmental Impact Report (FEIR).

The Appellate Court found the City of Sunnyvale’s usage of year 2020 hypothetical traffic “baseline” to be legally deficient. The FEIR did not consider the project’s traffic and related impacts on the existing environment and “constituted a failure to proceed in the manner required by law.”  

David J Powers John Schwarz Warns of Significant PAMF Noise Impacts To Residents

The City of Sunnyvale has permitted The Palo Alto Medical Foundation (PAMF) Project to begin demotion and excavation despite the current CEQA litigation.

PAMF Giant Pit 301 Old San Francisco Road, Sunnyvale

Click here for the PAMF building webcam activity.

This surprising approval seemingly contradicts the first indicator that the PAMF Rebuild Project, located at 301 Old San Francisco Road, required an Environmental Impact Report (EIR),  according to CEQA, due to the intense construction noise impacts occurring from demolition and excavation that would exceed The City of Sunnyvale Noise Ordinance for an extended amount of time.

On 9/19/08 John Schwarz, of David J Powers & Associates, forwarded the draft environmental noise report from Illingworth & Rodkin to Sunnyvale Planners Gerri Caruso and Trudi Ryan warning “given the proximity of the residential uses, the HIGH construction levels anticipated and the duration of exposure to those levels . . . do not give it to Camino until we have a chance to discuss it.”     

Sunnyvale Palo Alto Medical Foundation Demolishes Building Despite CEQA Litigation

The Sunnyvale Palo Alto Medical Foundation (PAMF), a Subsidiary of Sutter Health, has demolished the former 301 Old San Francisco Road  Building and is preparing the site despite the PAMF Environmental Impact Report (PAMF EIR) CEQA Litigation.

Click here for the PAMF building webcam activity.

PAMF Plywood Fence Noise Barrier. Will this be Adequate?

Note the 8′ plywood fence noise barrier. According to the PAMF DEIR, the purpose is to shield adjacent residences from MAJOR noise generating phases of demolition and construction to reach 75dBA on Jarvis Court, exceeding The City of Sunnyvale Noise Ordinance.            

Sunnyvale West CEQA Win Rippling Effect Throughout California Courtrooms

The Sunnyvale West v City of Sunnyvale Council Appellate CEQA win is causing an immediate impact and rippling effect throughout the state of California courtrooms. In Southern California, for example, attorneys for both sides are using the Sunnyvale decision as arguments for the Expo Line Phase 2 lawsuit.

Published Dec 22, 2010 “The Sunnyvale Decision” and Phase II of Expo: Game Changer or Footnote?  Damien Newton writes “After NFSR lawyer John Bowman introduced case-law that was decided five days ago, Sunnyvale West Neighborhood Association v. City of Sunnyvale City Council, things changed.  In Sunnyvale, a state superior court ruled that the city’s environmental review of a road extension violated state law because it based it’s review on traffic projections for 2020 instead of current conditions.  The mitigation plan for Expo are based on traffic projections for 2030.”  

City of Sunnyvale Found GUILTY of Violating CEQA Law Rules Appellate Court

Congratulations and Joyous Holiday Wishes to Plaintiffs Dr. Bill Mathews, Eleanor Hansen, Tammy Salans, Gopal Patangay, as head of the Sunnyvale West Neighborhood Association and Attorney Zan Henson who sued the City of Sunnyvale Council to decertify the Environmental Impact Report (EIR) for a proposed bridge at the north end of Mary Avenue (at Almanor) called the Mary Avenue Extension Project EIR and WON!

For the ruling, click here.

The City of Sunnyvale Council must set aside its approval of the Mary Avenue Extension Project until a legally adequate EIR has been prepared and considered.

Certified for Publication and filed 12/16/10, the California Court of Appeals rules “The City of Sunnyvale’s use of hypothetical traffic conditions of Year 2020 violates CEQA Law. The failure to comply with the law subverts the purposes of CEQA if it omits material necessary to informed decisionmaking and informed public participation.”   

Limited 300 Feet Notification Area Surrounding Sunnyvale Palo Alto Medical Foundation PAMF Site

Imagine your residential home located just 5 houses away from the proposed Sunnyvale Palo Alto Medical Foundation to soar 52 Feet Tall, with a combined medical building and underground garage to total  300,000 square feet, including over 800 parking spaces and never being notified of the plans.

Click here for the PAMF building webcam activity.

Attorney Zan Henson states “An Appeal is Mandatory” as Judge Elfving Denies PAMF EIR Decertification

Ironically, in an issue disputing “adequacy,” Judge William Elfving posted his ruling on October 6, but it took an additional week, afterward, to receive his written decision. As well, the Sept 24th hearing was almost 3 weeks ago, and as of yesterday afternoon, the file had not been delivered from Judge William Elfving’s Court Clerk to the Court Recorder’s office.