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Lawsuit Against McKinley Village – Appellate Court Hearing Set

Below is information from East Sacramento Partnerships for a Livable City regarding their suit against McKinley Village, including a link to the legal brief.

Dear Friends and Neighbors,

The lawsuit brought by East Sacramento Partnerships for a Livable City (ESPLC) to protect our neighborhood and future residents from the dangers of the McKinley Village project will be heard on Monday, September 19, 2016. ESPLC will present oral argument to a panel of judges at the Court of Appeal in Sacramento.

ESPLC pursued legal action after all attempts failed to persuade our City leaders to put the interests of City residents above special interests of developers. ESPLC continues its advocacy for first preserving, protecting, and improving environmental quality of life for residents throughout Sacramento. Common sense reveals the dangers and irresponsibility of approving a residential housing complex on an island of land surrounded by a major freeway on one side, high‐volume railroad tracks on the other, and bordering a former landfill:

• Increased cancer risks up to 12 times the accepted standard.

• Noise and toxic air particles from the anticipated 100 trains per day that require installation of air filtration units inside all of the homes and will render the outdoor portions of these residences, and project playgrounds, virtually unusable.

• An additional 1.2 million vehicle trips per year generated by this car‐dependent project through our already‐congested neighborhood.

• Potential methane contamination from the adjacent landfill site and inadequate monitoring systems that two independent agencies have described as not “fully effective in detecting and/or controlling landfill gas migration.”

These dangers, and many others, are simply too grave to ignore, and will never go away. ESPLC encourages you to join in support of our advocacy for common sense and for a fair and just public process by attending the oral argument before the Court of Appeal and by reading ESPLC’s attached legal brief. The oral arguments are open to the public and typically last less than an hour.

Legal Brief

When: September 19, 2016

2:00 p.m.

Where: Court of Appeal of the State of California (Third Appellate District)

Stanley Mosk Library and Courts Building

914 Capitol Mall, First Floor

Sacramento, CA 95814

Case Name: East Sacramento Partnerships for a Livable City v. City of Sacramento, et al.

Case No. C079614

ATTENDANCE
For those attending the hearing, please plan to arrive by 1:30 PM.  We have visited the Court and spoken to the security officers about procedures.  Business or business casual attire is appropriate.  Electronic devices (including cell phones), food, and drinks are not allowed.  Visitors are asked not to speak once inside the courtroom and proceedings have started.
PARKING
The parking lot closest to the Library and Courts Building is the City Parking Lot on L Street between 10th and 11th Streets.  Entrance is on 10th Street between L and K Streets.  Payment is collected by credit card at the “Pay Here” machine on the 10th Street side, or by cash on the 11th Street side.  (It is a large facility used by downtown employees but usually has plenty of room.)
THANK YOU
For your support of our neighborhood efforts to preserve and to protect the quality of life for all people within the City of Sacramento through advocacy of common sense and a fair and just public process.

 

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East Sacramento Preservation—Year End Photo Gallery and Annual Report

East Sacramento Preservation wishes all our members and friends a Happy New Year. After more than two years working to help the neighborhood oppose McKinley Village, 2015 was a time to return to our roots. Below is a brief summary of what we’ve been up to this year and some plans for next year.

Our popular Speaker Series hosted three outstanding presenters with unique talents and deep historical understanding of Sacramento.

Paula Peper–Historian and author of several books about our beautiful park neighborhoods and trees

Bill Burg–State Historian, author and Sacramento trolley history expert

Wes Green–design genius and owner of Twigs Floral Design

When ESP’s Judy McClaver started to volunteer at McKinley Pond three years ago she never imagined that she would become an award winning neighborhood icon. Her efforts have forced the city to address the issues at the pond. ESP supports her and the cadre of pond volunteers’ incredible dedication and hard work. She serves on the city pond committee and worked daily to clean and preserve the pond. (City Parks denied her use of the boat, so her garbage patrol and island work are curtailed.) However, park maintenance has stepped up and is now keeping trash cans empty on regular basis and the City reportedly has hired a pond maintenance company starting Jan 2016. We’ve set aside a portion of funds to donate to the rehab effort, once the city is able to create a workable plan. (At the end of this article is Judy’s “pondlife” list. Amazing what we have in the city!)

This year’s National Night Out was a packed bonanza. SWAT, canine, car patrol, bike patrol, fire, politicals—they all came, as did the neighborhood. It was a party.

Essays, provocative and informative, tackled East Sac issues with humor and insight. Our most popular essays were Airbnb, Pond Update, Exact Spot, Insist on TreesNo Permit, Illegal Building Draws East Sac Neighbors’ Ire.

ESP has joined multiple neighborhood associations in the effort to preserve Sacramento’s tree canopy. We are cosigners on numerous comments and letters to the city and support the healthy preservation of our canopy. We also promoted the retention of snag habitats, whenever it is safe to do so.

When the city sends us information, we share it. From parking, palm pruning, to events and meetings, we send it your way. When neighbors ask for help with city issues, we step up.

ESP supported the Ethics and Transparency movement led by the League of Women Voters and Eye on Sacramento. We stand firm with Eye on Sacramento and know there is much more to be done. However, we offer kudos to both groups for their work.

ESP featured Nextdoor in an article on the web site. The fun of this was that we drove to San Francisco and visited the start up. What a great group of innovators.

For more than seven years East Sacramento Preservation has been the pour and clean up team at Pops in the Park at East Portal. In 2016 we’re helping out at East Portal and Bertha Henschel Parks. If you’d like to pour with the team, send us an email!

Supporting SCUSD and school events is a pleasure. We post and spread the word about fundraisers, events and surveys.

Locals send us information about community events, farmers’ market, volunteer days, health and safety, river danger issues and individual efforts. We post all that come our way.

Traffic is an on-going concern in East Sacramento and our flag program on 33th and H is in its third year. Although flag theft makes the effort a little tricky, we know this is a great safety benefit to the community. ESP also distributes the Drive Like Your Kids Live Here Signs.

33rd and H Streets

33rd and H Streets

 

 

 

 

 

East Sacramento Preservation, Inc. is proud to support the designation of the Maple Avenue/38th Street Historical District that has been presented to the City of Sacramento’s Preservation Director. We should hear soon how the city will act on the application. These two blocks of 38th Street between J Street and Folsom Boulevard are a showcase of early 20th Century residential structures and the history of their occupants is long and important to the development of Sacramento. Many of the original occupants were captains of industry that have left a legacy of contributions to the city.

We are hopeful that this first historical district in East Sacramento will lead to other deserving portions and individual structures in the neighborhood being similarly designated. This is essential so that these resources are not lost to the speculative fever that is currently resulting in the wanton destruction of the residential fabric and character that helps make this community special.

News for 2016

An ESP High School Scholarship is under discussion. Our student board member, Emiliano Gómez, will be leading the study.

In the coming year we will work to improve the web site set up and delivery system. We love all feedback, positive and negative, and have read all your comments.

Our popular speaker series will continue with new and exciting speakers.

Please consider year-end donations to ESP. We’re an East Sacramento charity that works in your neighborhood. We spend money in no other place. All donations or membership will go to our established programs and is 100% tax deductible. All ESP community workers, writers, project organizers, forum and speaker series participants are non-paid volunteers.

Judy’s Pondlife List

Birds

Black-crowned night herons

Wood ducks

Mallards/mixes

Canada geese

Greater White fronted geese

Cackling geese

Coots

Cormorants

Egrets

Hawks

Barn owls

Swallows

Bush tits

Robins and other common Sacramento birds

Miscellaneous migrating birds

All the domestic ducks and geese were relocated by Judy to help preserve the pond and protect wildlife’s health.

Reptiles

Turtles—99% are red-eared sliders

Fish

Koi

Goldfish

Carp

Bluegills

Catfish

Mammals

Bats

Raccoons

Opossum

And, of course, the ubiquitous, squirrel (most are Fox Squirrels with a few Grays)

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