Congratulations Sunnyvale West citizens! Gopal Patangay just relayed the word . . . “GOOD NEWS! Today in the council meeting the motion 1.H – RTC 12-055 to ‘Reject Proposal to Prepare Revised Environmental Impact Report (EIR) and Associated Analysis of Mary Avenue Extension Project’ (F1006-118) is passed with 7-0 vote by the Sunnyvale City Council. At last The Mary Ave. Extension Project is a history.”
In Sunnyvale West v City of Sunnyvale Council, 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.
This news is very motivating and encouraging to communities that unite and oppose City Projects and illegal environmental impact reports. The Sunnyvale West Decision, as a result of a California Environmental Quality Act CEQA lawsuit, has made an impact throughout the state courtrooms, most recently influencing the win of Madera Oversight Coalition, Inc. v. County of Madera.
Community Advocates ~ take note: you can win!
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
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 & Associates, in 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.