City of Santa Clara Bombarded with Public Records Requests from Unions Abusing Environmental Laws

Dec. 30, 2019

Staff for the City of Santa Clara had a busy 2019 responding to the requests for public records from law firms representing construction trade unions. This information is collected to incorporate into letters objecting to the environmental review of proposed projects under the California Environmental Quality Act. Often the public records request serves as the first warning shot to the developer of the proposed project that the unions will expect a Project Labor Agreement. An early surrender can help ensure a smooth process toward approval of the environmental review.

DATE	LAW FIRM	RECORDS REQUEST
1/31/2019	Adams Broadwell Joseph & Cardozo	of any and all environmental review documents, actions or hearings related to development projects or activities proposed to be permitted in the City of Santa Clara
3/18/2019	Adams Broadwell Joseph & Cardozo	1. Any and all documents showing the hourly/monthly deliveries from each carbon free resource; 2. Any and all documents showing hourly profile of retail loads; and 3. Any and all contracts for the power source.
4/10/2019	Adams Broadwell Joseph & Cardozo	Any comments filed on the Mitigated Negative Declaration ("MND"), correspondence, resolutions, memos, notes, analysis, electronic mail messages, file materials, maps, charts, and/or any other documents related to the Project.
5/6/2019	Adams Broadwell Joseph & Cardozo	all public records referring to or related to SV1 Data Center Project PL2018-13128, CEQ2018-01049 from last request until April 10 2019
6/3/2019	Lozeau Drury	general CEQA and Land Use Notice Request on behalf of the Laborers International Union of North America, Local Union 270 and its members living in the City of Santa Clara (“LiUNA”)
6/4/2019	Adams Broadwell Joseph & Cardozo	public records related to the demolition of the existing structures at the 2201 Laurelwood Road, APN: 104-39-012 (BLD2018-53256). This request includes, but is not limited to, all application materials, the final approval and associated documents, correspondence, resolutions, memos, notes, analysis, electronic mail messages, file materials, maps, charts, and/or any other documents related to the Project.
5/30/2019	Adams Broadwell Joseph & Cardozo	Since the date of our last request on May 1. 2019. This request includes, but is not limited to, any comments filed on the Mitigated Negative Declaration ("MND"), correspondence, resolutions, memos, notes, analysis, electronic mail messages, file materials, maps, charts, and/or any other documents related to the Project.
6/28/2019	Adams Broadwell Joseph & Cardozo	‘Request for Mailed Notice of Public Hearings and Actions -CityPlace Santa Clara Project’
7/15/2019	Adams Broadwell Joseph & Cardozo	all public records referring or related the SVl Data Center Project, PLN2018-13128, CEQ2018-01049, (“Project") proposed by Michael Downey, Gensler/Raging Wire Data Center, Inc., since the date of our last request on May 30, 2019. This request includes, but is not limited to, any and all correspondence, resolutions, memos, notes, analysis, electronic mail messages, file materials, maps, charts, and/or any other documents related to the Project.
8/1/2019	Lozeau Drury	• Notice of any public hearing in connection with the Project as required by California Planning and Zoning Law pursuant to Government Code Section 65091. • Any and all notices prepared for the Project pursuant to the California Environmental Quality Act ("CEQA”), including, but not limited to • Notices of any public hearing held pursuant to CEQA. • Notices of any addenda prepared to a previously certified or approved EIR. • Notices of determination that an Environmental Impact Report ("EIR") is required for a project, prepared pursuant to Public Resources Code Section 21080.4. • Notices of any scoping meeting held pursuant to Public Resources Code Section 21083.9. • Notices of preparation of an EIR or a negative declaration for a project, prepared pursuant to Public Resources Code Section 21092. • Notices of availability of an EIR or a negative declaration for a project, prepared pursuant to Public Resources Code Section 21152 and Section 15087 of Title 14 of the California Code of Regulations. • Notices of approval and/or determination to carry out a project, prepared pursuant to Public Resources Code Section 21152 or any other provision of law. • Notices of approval or certification of any EIR or negative declaration, prepared pursuant to Public Resources Code Section 21152 or any other provision of law. • Notices of determination that a project is exempt from CEQA, prepared pursuant to Public Resources Code section 21152 or any other provision of law. • Notice of any Final EIR prepared pursuant to CEQA. • Notice of determination, prepared pursuant to Public Resources Code Section 21108 or Section 21152.
8/7/2019	Adams Broadwell Joseph & Cardozo	The availability of any environmental review document, prepared pursuant to the California Environmental Quality Act, related to the LS1 Data Center/2175 Martin Avenue Data Center Project, File Nos: PLN2019-13745 and CEQ2019-01071, (“Project”) by LVP Martin Avenue Associates LLC (“Applicant”) This request excludes the Mitigated Negative Declaration, which has already been posted to the City’s website. We also request mailed notice of any and all hearings and/or actions
8/12/2019	Adams Broadwell Joseph & Cardozo	All public records related to the demolition of the existing structures at the 2201 Laurelwood Road, APNs: 104-39-012 and 104- 39-023 (BLD2018-53256), since the date of our last request on June 4, 2019. This request includes, but is not limited to, all application materials, the final approval and associated documents, correspondence, resolutions, memos, notes, analysis, electronic mail messages, file materials, maps, charts, and/or any other documents related to the Project.
8/7/2019	Adams Broadwell Joseph & Cardozo	Any and all documents referenced or relied upon in the Mitigated Negative Declaration (“MND”) prepared for the LS1 Data Center/2175 Martin Avenue Data Center Project, File Nos: PLN2019-13745 and CEQ2019-01071, (“Project”) by LVP Martin Avenue Associates LLC (“Applicant”).
8/12/2019	Adams Broadwell Joseph & Cardozo	Records referring or related to the LSI Data Center/2175 Martin Avenue Data Center Project, File Nos: PLN2019-13745 and CEQ2019-01071, ("Project") by LVP Martin Avenue Associates LLC ("Applicant"). 1. Any and all documents related to the Mitigated Negative Declaration/Initial Study ("MND/IS") for the LSI Data Center Project; 2. Any documents that list or otherwise identify the data centers currently served or proposed to be served by Silicon Valley Power ("SVP"). This includes, but is not limited to, data centers enrolled in the Data Center Program : http://www.siliconvalleypower.com/for-businesses/energy-savings-and-rebates/rebates/data-center-program , and their addresses, if available. 3. Any and all documents showing the hourly/monthly deliveries from each carbon free resource; 4. Any and all documents showing hourly profile of retail loads; and 5. Any and all contracts for the power source.
8/30/2019	Santa Clara Weekly	We are requesting, from 1/1/2018 through the present, all public records requests made by:  Adams Broadwell Joseph & Cardozo  Lozeau Drury Laborers International Union North America Any entity that has in its title "Residents for Responsible Development"
9/10/2019	Adams Broadwell Joseph & Cardozo	All public records referring or related to the LS1 Data Center/2175 Martin Avenue Data Center Project, File Nos: PLN2019-13745 and CEQ2019-01071, (“Project”) by LVP Martin Avenue Associates LLC (“Applicant”), since the date of our last request on August 7, 2019. We specifically seek any and all comments received on the Mitigated Negative Declaration for the LS1 Data Center Project, in addition to all public records received or created by the City of Santa Clara since our last request.
8/7/2019	Adams Broadwell Joseph & Cardozo	Any and all public records referring or related to the LS1 Data Center/2175 Martin Avenue Data Center Project, File Nos: PLN2019-13745 and CEQ2019-01071, (“Project”) by LVP Martin Avenue Associates LLC (“Applicant”). This request includes, but is not limited to, any and file materials, correspondence, resolutions, memos, notes, analysis, electronic mail messages, files, maps, charts, and/or any other documents related to the Project.
8/15/2019	Adams Broadwell Joseph & Cardozo	A copy of any and all public records in the possession of the City of Santa Clara (“City”) referring or related to the CityPlace Santa Clara Project, PLN2014-10554, (“Project”) by Related Santa Clara, LLC (“Applicant”) from January 1, 2019 through the present. The project address is 5155 Stars & Stripes Drive. This request includes, but is not limited to, any and all file materials, correspondence, resolutions, memos, notes, analysis, email messages, files, maps, charts, and any other documents related to the Project. This request excludes documents already posted to the Project page on the City’s website as of today’s date.
11/12/2019	Adams Broadwell Joseph & Cardozo	Request for Mailed Notice of CEQA Actions - CityPlace Santa Clara Project - Notices of an Addendum to a previous ND, MND or EIR; - Notices of determination that an Environmental Impact Report ("EIR") is required for a project; - Notices of any scoping meeting; - Notices of preparation of an EIR, a Negative Declaration ("ND") or a Mitigated Negative Declaration ("MND") for a project; - Notices that a subsequent project is within the scope of a project covered by a master EIR; - Notices of availability of an EIR; - Notices of intent to adopt an ND or MND; - Notices of a re-circulated EIR, ND or MND; - Notices of approval and/or determination that an EIR has been certified; and - Notices of determination that a project is exempt from CEQA.