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MAE -- The Project and EIR's in General Comments about the EIR Comments about the MAEP City Council Meeting 10/28/08 and start of Litigation The Litigation Continued (Under Construction)


Comment by Jeannette Tan Hayden -- October 30, 2008 Selections from the official  Transcript of the CC Meeting of October 28, 2008 (Under Construction) Complaint filed to de-certify the Mary Avenue Extension E.I.R.

> On 10/31/2008 at 9 58 PM Jeannette Hayden Wrote


City Council City Manager and Mr.  Witthaus

I was present at the City Council meeting Tuesday night I did not get up and speak because I felt that nothing I could say had not already been said by my eloquent comrades So I sat and took a few notes Here are my observations It was a sad day indeed for the City of Sunnyvale Throughout the evening speakers after speakers got up and gave many logical reasons as to why it would not be prudent to vote yes on this highly charged issue 

The most eloquent of which was that the EIR was flawed and that there are other ways to get the workers to Moffett Park that had not been explored We need to keep Sunnyvale West neighborhood green and safe. You chose to reject pleas of the citizens to vote no nor would you approve the postponement of the vote on the Mary Bridge Project It dawned on me that you had already made up your mind before you sat down for that meeting All that talks and speeches was really a formality. 

 You were not really listening because if you did you would have heard the passionate logic to it all The citizens are proud of our neighborhood We want to create a greener Sunnyvale We desire for a safe and pollution free neighborhood A neighborhood that is more like our neighboring Cupertino Los Altos and Palo Alto and a little less like Santa Clara where it is more and more resemble an inner city. 

 There are many other ways to get workers to Moffett Park but you did not want to hear it You chose to reject all alternatives choosing instead to destroy the Sunnyvale West neighborhood in the name of commercial interests It was clear that none of you except for Mr Whittum and Mr Lee had read the EIR in detail If you had you would have known that it is fundamentally flawed, an inadequate product designed to suppress environmental issues relevant to the project and to our city. 

 How can an environmental impact study involving traffic movement make the going in assumption that traffic would not change therefore exhaust pollution and noise is not an issue. As for the cost even an amateur like me could see that the cost that Mr. Whitthaus quoted will not be adequate Oh yes we all know you knew that the cost will grow and grow and grow.  Mr. Whitthaus you did your job well if you d worked for the developers. However you work for us the citizens of Sunnyvale who paid your salary.

 So you have failed to serve us For almost two years you came to all those community meetings and we were hopeful Someone once told me that these meetings were for show a formality so   you can say you did your homework. I refused to believe him. Because anybody can see that an auto bridge linking a residential neighborhood to a business park is a bad idea.  

At one of the meetings, I asked one of your consultants about the ridiculous assumption that noise and pollution is not an issue and we need not worry about it. You know what he privately told me. He said they guided the study based on the City s directions It was in no way a thorough study He went on to say that he would fight the project too if it were proposed for his neighborhood Alas my friend was right You appeared sympathetic but that was only to pacify us. The back room deals had already been made You went on to misguide the council members who simply did not read the EIR fully. 

 As I told you at the last community meeting Council members come and go but you are one constant who is supposed to function as the professional providing fair and impartial advise They had allowed you to feed them whatever information so that you can get them to vote according to what you want It takes a strong character with attention to details like that of Mr Whittum to see through all the games City Staff play He had to find his own answers You played them for a bunch of fools and indeed some of them were willing fools Can't you see that council members.

 All you had got to do was read the EIR and kept an open mind while you listened to all sides instead of to one man You missed your chance to have all the proud citizens line up behind you to work toward an open and effective government Where folks try to work out a win win situation for all while we build our City for the future. The glee on Mr Moylan's face and the flourish manner with which he flipped his hand as he got Mr Witthaus to verify that indeed the removal of street parking would be an option for the future was to me the ultimate insult to the people who elected him.  Didn't he know that it is not polite to gloat when one wins?  

The way that the Mayor [Spitaleri] had originally refused to allow the last speaker to counter what the consultant had said about the parking lot situation in spite of the requests from Mr Whittum is appalling.  Dictatorship came to mind and will certainly figure prominently in our lawsuit. 

 The lecture by Ms Hamilton toward the end of the evening drove me out of my seat Why subject the citizens to that kind of lecture each time they come to one of the city meetings It is unnecessary and painful And to have her justify the yes vote for a project which is outdated and ill thought of in the name of saving money is short sighted and will prove to be more costly in the long run While the message she gave is that we the citizens are not worth the money.  The money that is our hard earned tax dollars You guys just don t get it However I have heard that some of your terms are expiring How convenient it is for us the citizens 

And as for Ms Hamilton take a look at what happened in San Jose City Hall to one council woman when she failed to represent the will of the people. I came from a country where government habitually grosses over the desires of the citizens in the name for short term profit development self interest laziness or negligence I had hoped that in this beautiful and free land I had adapted I wouldn't encounter such occurrences I must say Tuesday night I was disillusioned I could not believe that this is the best a city like Sunnyvale has to offer. For crying out loud we call ourselves The Heart of Silicon Valley 

That certainly does not speak well of a city which 15 years ago was the envy of the nation It is a sad day indeed when citizens would have to resort to a law suit in order to work out differences and stop what to many of us is a bridge to environmental disasters I suggest that you go ahead save your face as a Chinese saying goes and build the bridge But a bridge for pedestrians and bicycles like the one a speaker suggested and one Mr. Howe alluded to more or less like the one in south Mary That bridge is a glorious sight for all to behold That is a triumph for the environment Why does the City of Cupertino can see the light and you cannot let the workers in Moffett park commute by train and bus similar to what they are doing in Menlo Park and Palo Alto.

 Or why cannot you work out the other options with our neighboring cities Let Mary be a residential street as it meant to be Convert the four lanes into three with bicycle lanes and street parking So that it will be safe for the children disabled and elderly and convenient for the local residents That is what a neighborhood street should look like in any respectable towns Come on guys You are suppose to work for us You are suppose to be for us We are suppose to be on the same side We want to live in a good neighborhood within a beautiful city where the City Council work for the people Your citizens demand it This is the right time Not only will it save the city all kinds of money it will be a very good start toward a greener Sunnyvale Then one day we might be the envy of the nation again


Jeannette Tan Hayden


If after reviewing this web site and the Mary Avenue wiki, if you should want to make a contribution towards the costs of litigation to de-certify the Mary Avenue Extension Project Environmental Impact Report (EIR), which contribution we expect to be largely if not totally refundable after successful litigation, you should prepare a check payable to the Law Office of Alexander T. Henson, and mail it to Sunnyvale West Neighborhood Assoc, P.O. Box 70581, Sunnyvale, CA 94086-0581, or to the Law Office of Alexander T. Henson, 13766  Center Street, Suite 27, Carmel Valley, CA  93924.  You should make the notation "MAEP -web" on your check.