In Your Face Escondido!
The Palomar Pomerado Health (PPH) district is dedicated to ramroding a hospital into the ERTC. Let nothing stand in its way!
PPH apparently believes that it “owns” the City of Escondido because it got 70% of the vote on Proposition BB, and it can do whatever it wants without consequence. It apparently believes that can draw on the political base, particularly from areas outside of Escondido, such as Rancho Bernardo, Poway, and Ramona, to roll over the Escondido City Council. I am now certain that the PPH Board of Directors will approve whatever is provided to them for entry into the ERTC, not matter what its contents.
PPH noticed a public hearing for an Addendum to the ERTC Specific Plan and Environmental Impact Report. The notice stated that the Addendum and supporting documents may be reviewed at the PPH offices. On Monday morning, December 5, I called the listed phone number, and just got voice mail. Then I quickly prepared a Public Records Request and faxed it to PPH. Another member of the public called me from the PPH offices at about 11 am and said that PPH refused to allow inspection of the Addendum as requested!
Monday afternoon, I received a call from Andy Hoang of PPH. Andy said that I could not review the Addendum because it was only in draft form and the draft was not for public review. I asked to review the draft and he said that would be "unwise" because the final Addendum could have changes. Andy said that when the Addendum was completed, I could then review the document. I asked when it would be completed. He said that he did not know--that it may not be ready until just before the meeting, and that I could receive a copy at the meeting. I asked what was the rush to have a meeting, and I asked if a public comment period would be provided after tomorrow’s vote. He said things needed to get moving and that no public review or comment period was required before or after the vote. I asked if anyone had received the Addendum and Andy responded that the City of Escondido had a copy for internal PPH use. I asked how that was possible--was the City of Escondido internal to PPH?
Andy then sounded as though my inquiries were annoying him! What a jerk!
PPH is avoiding public comment on the EIR for the new hospital by calling it an “Addendum to a Final IER” instead of a “Supplemental EIR.” Why, because a supplemental EIR requires a 30 day public review and comment period. The following is taken from a California Department of Transportation website:
http://www.dot.ca.gov/ser/vol1/sec5/ch36eir/chap36.htm
“If only minor technical changes or additions are needed and no new or substantially more severe significant effects result, an Addendum to an approved EIR may be prepared. An addendum need not be circulated for public review but must be included in or attached to the final EIR.” Further, “no subsequent or supplemental environmental impact report is be required, unless ‘substantial changes’ in the project or its circumstances will require major revisions to the EIR.
Apparently, PPH has taken the position that placing the area’s only hospital across the street from a massive electric power plant is “only a minor technical” change to the Final ERTC EIR prepared in 2002. This “legal” position does not pass the laugh out loud test for lawyers!
Regarding the alleged "draft" document exception to the California Public Records Act:
"Govt. Code Section 6254. Except as provided in Sections 6254.7 and 6254.13, nothing in this chapter shall be construed to require disclosure of records that are any of the following: (a) Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, provided that the public interest in withholding those records clearly outweighs the public interest in disclosure."
Apparently PPH sends document to the City of Escondido, and then throws away the copies. And the public clearly needs only a few hours to review the EIR's "minor changes" that place a $550 million construction project to build 1.1 million square feet of hospital and medical office building space across the street from a large electric power plant. Did the City of Escondido make copies of the draft Addendum available to the public. If so, why did PPH refuse the direct requests for review of the draft Addendum!
PPH is not treating Escondido and it residents in a fair manner.
PPH apparently believes that it “owns” the City of Escondido because it got 70% of the vote on Proposition BB, and it can do whatever it wants without consequence. It apparently believes that can draw on the political base, particularly from areas outside of Escondido, such as Rancho Bernardo, Poway, and Ramona, to roll over the Escondido City Council. I am now certain that the PPH Board of Directors will approve whatever is provided to them for entry into the ERTC, not matter what its contents.
PPH noticed a public hearing for an Addendum to the ERTC Specific Plan and Environmental Impact Report. The notice stated that the Addendum and supporting documents may be reviewed at the PPH offices. On Monday morning, December 5, I called the listed phone number, and just got voice mail. Then I quickly prepared a Public Records Request and faxed it to PPH. Another member of the public called me from the PPH offices at about 11 am and said that PPH refused to allow inspection of the Addendum as requested!
Monday afternoon, I received a call from Andy Hoang of PPH. Andy said that I could not review the Addendum because it was only in draft form and the draft was not for public review. I asked to review the draft and he said that would be "unwise" because the final Addendum could have changes. Andy said that when the Addendum was completed, I could then review the document. I asked when it would be completed. He said that he did not know--that it may not be ready until just before the meeting, and that I could receive a copy at the meeting. I asked what was the rush to have a meeting, and I asked if a public comment period would be provided after tomorrow’s vote. He said things needed to get moving and that no public review or comment period was required before or after the vote. I asked if anyone had received the Addendum and Andy responded that the City of Escondido had a copy for internal PPH use. I asked how that was possible--was the City of Escondido internal to PPH?
Andy then sounded as though my inquiries were annoying him! What a jerk!
PPH is avoiding public comment on the EIR for the new hospital by calling it an “Addendum to a Final IER” instead of a “Supplemental EIR.” Why, because a supplemental EIR requires a 30 day public review and comment period. The following is taken from a California Department of Transportation website:
http://www.dot.ca.gov/ser/vol1/sec5/ch36eir/chap36.htm
“If only minor technical changes or additions are needed and no new or substantially more severe significant effects result, an Addendum to an approved EIR may be prepared. An addendum need not be circulated for public review but must be included in or attached to the final EIR.” Further, “no subsequent or supplemental environmental impact report is be required, unless ‘substantial changes’ in the project or its circumstances will require major revisions to the EIR.
Apparently, PPH has taken the position that placing the area’s only hospital across the street from a massive electric power plant is “only a minor technical” change to the Final ERTC EIR prepared in 2002. This “legal” position does not pass the laugh out loud test for lawyers!
Regarding the alleged "draft" document exception to the California Public Records Act:
"Govt. Code Section 6254. Except as provided in Sections 6254.7 and 6254.13, nothing in this chapter shall be construed to require disclosure of records that are any of the following: (a) Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, provided that the public interest in withholding those records clearly outweighs the public interest in disclosure."
Apparently PPH sends document to the City of Escondido, and then throws away the copies. And the public clearly needs only a few hours to review the EIR's "minor changes" that place a $550 million construction project to build 1.1 million square feet of hospital and medical office building space across the street from a large electric power plant. Did the City of Escondido make copies of the draft Addendum available to the public. If so, why did PPH refuse the direct requests for review of the draft Addendum!
PPH is not treating Escondido and it residents in a fair manner.
posted by Robroy at 11:44 PM
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