Tag Archives: Law

Judge Hears Arguments for PAMF EIR Lawsuit, Decision in One Week

Superior Court Judge Elfving heard arguments from Petitioner Attorney, Alexander T. Henson, and Respondent PAMF Attorney Sacramento-Based John D. Fairbrook this morning at 9:00am.

Both Petitioners as well as Sunnyvale Heritage District Neighbors & Supporters were present during the hearing.

Notably absent from the hearing were the preparers of the Palo Alto Medical Foundation Environmental Impact Report PAMF EIR in dispute~ Lead Agency (Planners Gerri Caruso, Trudi Ryan, Steve Lynch), Community Director Hanson Hom, City Manager Gary Luebers, Traffic Jack Whittus  & Heba El-Guendy, Fehr & Peers, David J. Powers & Associates, PAMF Public Relations Cythnia Greaves, nor any of the 6 Councilmembers who voted to approve the PAMF EIR on June 23, 2009.     Continue reading

Did PAMF’s Warning to Find an Alternative Site Outside of Sunnyvale Result in a Rushed EIR?

On October 7. 2008, PAMF President Dr. Slavin writes of frustration to Sunnyvale City Manager, Amy Chan, requesting an expedited delivery of the Environmental Impact Report.
Slavin states that the lack of communication is frustrating, disappointing and extremely costly. He continues, “further delays are not acceptable and will force us to look at alternative sites outside of Sunnyvale.”           Continue reading

Gerri Caruso’s “Hands in the Cookie Jar” After “Conflict of Interest” Resignation

At nearly the stroke of midnight, after years of authoritative decision-making for the Palo Alto Medical Foundation Project/DEIR/FEIR it suddenly came to light that Principal Planner, Lead Agency Gerri Caruso was advised to resign to avoid the appearance of a conflict of interest.            

Apparently, Caruso’s husband had conducted business for PAMF    Continue reading

Bottleneck Traffic in Line for PAMF Site?

PAMF’s planned location of the ambitious $120M, 270,000 square foot, 5 level  structure at the edge and within the Sunnyvale Heritage District Neighborhood is an incompatible choice, according to many, as  the site is not well-connected to the roadway network.               

The site is surrounded by two-lane former “horse and buggy streets” residential Carroll, S Bayview, S Sunnyvale Ave and Old San Francisco Road, with limited access. It may be like jamming an endless number of sand particles through an hour-glass timer within the neighborhood and slowly waiting for the particles to sift through the narrow funnels.         

NOTE: The street in front of the illustrated PAMF building is NOT a wide boulevard as drawn. It is currently two-laned Old San Francisco Road with stop signs at Cezanne and Bayview.  


PAMF View Surrounded by Two-Lane Residential Streets

PAMF View Surrounded by Two-Lane Residential Streets


Continue reading

“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.

PAMF FEIR Says “No Thanks” to Additional Shadow Views from Building

Shadows are important to be aware of. So much, in fact, the City of Sunnyvale has a solar ordinance stating that no building permit shall be issued for any construction that interferes with solar access to the rooftop or blocks sunlight greater than 10% during ANY solar cycle. (19.56.020 Solar Envelope)

DEIR PAMF Shadows Limited Views

DEIR PAMF Shadows Limited Views

(click image to enlarge)

Finding out just how deep the shadows will fall at other hours became quite a challenge and still remains UNKNOWN.

NOTE: The rooftops that fall in the shadow range have been highlighted to white by the consultant for the Lead Agency in preparation for the PAMF DEIR.

You can see how worrisome and deep the shadows fall during the winter months when a home needs sunlight the most. Continue reading

TRAINOR FAIRBROOK Errors on PAMF Sunnyvale Respondent Brief

TRAINOR FAIRBROOK gaping error, misses crux of source of the Shadow Complaint on the Palo Alto Medical Foundation Respondent Brief. Contrary to Trainor Fairbrook’s misstatement for Judge Elfing, the petitioners did submit written comments (mine ~ 6 pages) and speak on February 23, 2009 during the Sunnyvale Planning Commission Hearing. Continue reading