Declaration of Herbert Strauss in Support of Application for Temporary Restraining Order and Preliminary Injunction

MANUELA ALBUQUERQUE, City Attorney, State Bar No. 67464
ZACH COWAN, Assistant City Attorney, State Bar No. 96372
2180 Milvia Street, Fourth Floor
Berkeley, California 94704 (510) 644-6380
Fax: (510) 644-8641

Attorneys for Plaintiff
CITY OF BERKELEY

IN THE SUPERIOR COURT OF CALIFORNIA

IN AND FOR THE COUNTY OF ALAMEDA, NORTHERN DIVISION

CITY OF BERKELEY,                        )   No. 
                                         )	
        Plaintiff,                       )   DECLARATION OF 
                                         )   HERBERT STRAUSS IN 
vs.                                      )   SUPPORT OF APPLICATION
                                         )   FOR TEMPORARY 
ALTA BATES MEDICAL CENTER,               )   RESTRAINING ORDER 
a nonprofit corporation, and DOES 1-50.  )   AND PRELIMINARY 
                                         )   INJUNCTION
        Defendants.                      )
____________________________________     )   Date:   February 24, 1997
                                                     Time: 1:45 p.m.
                                                     Department 81

I, Herbert Strauss, declare:

1. I reside at 2447 Prince Street. I make this declaration in support of the City of Berkeley’s application for a temporary restraining order and preliminary injunction against the further expansion of the Alta Bates Medical Center.

2. Most of the problems caused by Alta Bates date from its expansion in the 1980's

3. I have heard truck beepers (the kind which operate while trucks are backing up) on and off for many years in the mornings, between 6:00 a.m. and 7:00 a.m. Complaints sometimes get the trucks to at least come after 6:30 a.m..

4. The worst local traffic periods are when shifts at Alta Bates change 6:00 a.m. to 7:00 a.m. and around 11:00 p.m. During these periods street noise related to cars cruising for parking spaces is worst.

5. Increased foot traffic related to Alta Bates also leads to garbage thrown on and around our yard and sidewalk. The worst is discarded bandages and other disposable medical items.

6. Enormous amounts of water are pumped down our street from the hospital. It runs down lower Prince from Colby to the sewer entrance at Dana. The water often carries junk (occasionally medical), it keeps the sidewalks soaked and corrodes parked cars.

7. Mostly on warm Summer nights, I can also smell odors from the Alta Bates hospital’s exhaust stack.

I declare under penalty of perjury that the foregoing is true and correct. Executed on February ___, 1997, at Berkeley, California.

_____________________________________
Herbert Strauss

Last update: May 12, 1997.