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FW: mcnlo park comments to cal train eir

From: Brady, Michael J. <"Brady,>
Date: Wed, 2 Apr 2014 16:26:03 +0000

        After I composed this message below, I talked to Kathy Hamilton and she said that you were pretty strong on the tree issue; but let me say this: I have dealt with and opposed HSR on the peninsula for almost a decade now; councils come and go; you may be a bit stronger now than you were in the past. But you are still NOTHING like Atherton, consistent, constant, and opposed to this horrible intrusion, unlike MP with its historical vacillating back and forth; we have had many extremely disappointing decisions made by Menlo Park over the years; none by Atherton.

You must appreciate that we are in the FINAL STAGES of this disaasterous project (bringing HSR to the peninsula). There are so many adverse effects that it would take a 20 page letter for me to outline them for you. It is time to "man up," as they say and oppose this project; I assume you know that here WILL NOT GIVE UP THE OPTION OF FOUR SETS OF TRACKS; do not fool yourselves into thinking you are protected by the Jerry Hill legislation; you are not; the fact that here will not give that up tells you a lot, doesn't it. You can imagine what the peninsula will face when that happens--a total disaster. And it is a real possibility: on March 27, before a Senate Committee, Lou Thompson, chair of the Peer Review Group (part of the Prop 1A structure) said that few understand the serious difficulties/complexities of the "blended system," and how difficult it is going to be for FIVE TRAIN SYSTEMS, including UPRR, to hare two sets of tracks at grade. And you are aware, I assume, of the hostility of UPRR to thi
s whole "blended system" idea; it sounds nice, but it will not work; FOUR SETS OF TRACK seem inevitable.

But if you get with the program (like Atherton) and start fighting this maddening project like real soldiers, we can stop it.


I also want you to consider the comprehensive study done by Atherton on why modern diesel/electric units (including lightweight cars) will be infinitely superior, cost-wise and aesthetic preservation-wise to what Cal Train/HSR has in store for you. Study this; get with the program.

There are countless legal battles going on RIGHT NOW; it is possible that one of them will be resolved in two months and could possibly make Cal Train/she's plans illegal and this would stop Cal Train/she's plans for the peninsula. If not, I am determined to FILE SUIT because the project is illegal and Prop 1A funds cannot be used to fund it. It will be necessary to file an injunction to protect YOUR TREES! I expect you to be on board to protect your precious heritage and to stop this ill-advised project. I hope to have MP and Atherton join forces to do exactly that. It's about time, and THERE IS TIME to accomplish exactly that. So, please get your PRIORITIES straight; it is a lot more important to preserve what is unique and precious in MP than it is to throw yourselves into the arms of Cal Train/HSR, which does not have your interests at heart.
Mike Brady

-----Original Message-----
From: Brady, Michael J.
Sent: Wednesday, April 02, 2014 7:49 AM
To: Brady, Michael J.
Cc: Brady, Michael J.
Subject: mcnlo park comments to cal train eir

Dear Members of the City Council and the Rail Committee:


I am the chief counsel in the litigation against hsr in the central valley; I may well get involved in litigation against Cal Train/hsr (they have become one and the same) because I believe that Cal Train/hsr is INELIGIBLE to receive Proposition 1A funds for electrification.


The repurpose of this letter, however, is to address the Cal Train/hsr electrification ear comments, which are due April 8.


I have been working on peninsula HSR matters for nine years and have worked closely over the years with Martin Engel, Morris Brown, and Kathy Hamilton. Unlike Atherton, which has been very strong in resisting the harmful effects of HSR, MP has often been passive, "conflicted," and reluctant to take a stand in the face of promised HSR "benefits."


Now , it's crunch time: MP is known as the CITY OF TREES; just how aggressive are you going to be in resisting a determined Cal Train which desires to chop down and remove as many trees as possible? There is no need to remove or destroy any trees, if they put the "pole" in the center, rather than on the peripheries. Pls assert this vigorously.


Cal Train wants to tear everything out, because they cannot be bothered with pruning and maintenance; realize that and object/comment accordingly. Spot every tree that they intend to destroy and protect it witih comments. Here are the arguments for vigorous tree preservation-ALL OF THEM!


1. Aesthetics: the trees of Atherton, MP, MV, and Palo Alto are beautiful and historic; hey form the heart of our town centers; do you want the peninsula to look like the approach to SF from Pal St? or the approach from Newark NJ to Philadelphia-ugly, industrial, bare, wires, catenaries-nothing inspiring or beautiful? Of course not; did something about it.

2. Birds: the trees are the sanctuary for rapters, a species of hawk; protect them.

3. The trees act as a great SCREEN for dust and pollution; do you think that the dust kicked up by trains and the pollution will magically disappear with electrification? Of course not; electric trains will kick up a lot of dust; it is even now a major problem for homes within two blocks of the tracks, and we have all these trees mitigating that problem; with the trees gone, the problem will be immensely larger; do something about it!

4. The trees act as a screen against noise (like a sound barrier); without them the noise will be much worse;

5. Get in the real world: Cal Train/HSR is NOT your best friend; they are your adversary; they would like to remove every single one of the trees; they care about none of the above concerns. Realize that and do something about it.


If our do not do an adequate job in your ear comments, you waive the right to raise them in later lawsuits; if you make this mistake, you will rue that decision when the citizens of this fair city look at the corridor and see it transformed into an ugly rail yard. And don't fool yourself: electric trains are noisy , too, and there will be a lot more of them!



I think we are on the verge of PREVENTING HSR from eve entering the peninsula; it has been a long fight, and MP has frequently been absent without leave. It is time for you to wake up and pay attention; you have one week to do something (the deadline); time for more intensive meetings. I look forward to actively participating to arouse the voters if you do not. The evidence will be powerful: a denuded MP!


Michael J. Brady

191 Forest Lane

MP 94025

650 780 1724.
Received on Wed Apr 02 2014 - 09:24:57 PDT

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