We still stand up for the life in Ruby Meadow! The Board of Supervisors didn't care that you signed this petition; they voted unanimously to destroy Ruby Meadow and we are forced to sue Alameda County and Eden Housing. Despite all challenges, we are still treading this hopeful path toward environmental justice. On April 16th, 2021, at 9 AM PST the Ruby Meadow lawsuit has a Case Management Hearing in Alameda County Civil Court, Department 17. You are welcome to watch on Friday at this link: https://bluejeans.com/5102676933
No comments are allowed, but more witnesses show support, so please mark your calendar to watch if you can. My understanding is that it's completely up to the judge whether our request for judicial intervention continues. The attorney for Alameda County and Eden Housing keeps asking us to file a request to voluntarily dismiss the case and he refuses to bring Eden Housing to the table. There is no negotiation. He says our case has no hope. But all we have is hope!
The problem is that we don't even have an attorney!! We originally had found a great CEQA attorney who helped us through all the County appeals, even at a discount rate, despite the pandemic (living) and wildfires (breathing) that we were juggling. After the appeals, he couldn't commit his time to the full lawsuit and let our boat go adrift with well wishes down the creek. His associate could possibly act as co-counsel, but can't lead the case. We have not yet found an attorney to lead the case and have reached out to many organizations and referrals. Apparently CEQA cases are very detailed, difficult, time consuming and expensive. Maybe you could help Save Ruby Meadow?! She needs representation by an attorney who understands CEQA law.
So far we laypeople wrote up and submitted the CEQA case ourselves, by simply combining example cases, court formats, our previous CEQA attorney's legal causes, and the environmental causes of the biologist we hired. We can raise money to pay the attorney and are not asking for free help. Legal fees and other resources have so far been donated or paid for by concerned volunteers, Friends of San Lorenzo Creek, Hayward Area Planning Association, Cherryland Community Association and our local Audubon Society. We missed proper deadlines and requirements, such as the requirement that CEQA must be served literally in person and cannot be served by usual requirements. It's entirely up to the judge what errors might be excused due to the overriding importance of saving Ruby Meadow and protecting remaining urban wildlife habitat, or other climate crisis/health crisis/priority population reasons.
If you know any attorney who believes they could win for us, or people who might know attorneys, please spread this request for help! This Ruby Meadow cause may seem tiny, in a world of similar problems, and it is just that--the perfect pivot point to provide an example of common sense and provide huge, long-lasting reverberations into the future.
Our original expert CEQA attorney identified at least one solid legal reason that Eden Housing's development proposal is not eligible to avoid full environmental review. Full environmental review would require Eden Housing to compare impacts if they were to build the project on alternate sites, which they refuse to consider. Given how blighted our concrete community is, many alternate sites are available (saverubymeadow.org). The CEQA exemption the developer illegally claims is called the Community Plan Exemption; however Ruby Meadow is designated by the Castro Valley community's General Plan (Chapter 7) to be a "High Priority Biological Resource" which requires special review which therefore makes the project ineligible for the exemption. The project is not eligible for any other streamlining options and should undergo full environmental review. The project does not even evaluate its impacts to the existing adjacent habitat restoration site (from other CalTrans damage mitigation requirements) which just failed evaluation and must be re-re-restored and the time extended. Please help Save Ruby Meadow and force developers and our [inept] government to respect this drop of unceded Ohlone land and to protect life, especially at the heart of the last urban riparian habitat before the San Lorenzo Creek is channeled the rest of the way to the Bay.
Here is the Writ that was filed with Alameda County Superior Court: https://drive.google.com/file/d/1ECvwPcgWmDH95uoBvCxL8aMap4ivBAzf/view?usp=sharing