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Michael Gulasch of Sunnyvale led a group of protestors opposed to the proposed crematorium prior to the Aug. 7 city council meeting.
Photograph by Jeff Kearns
Smoke Screen
Neighborhood association leads protest against crematorium, city council
By Gretchen Knaup
Sunnyvale City Hall was the center of unrest on Aug. 7 as the Heritage District Neighborhood Association led picketers to protest the building of a crematorium within their neighborhood. The association led the picketers to express their dissatisfaction with city council's actions in the matter.
Approximately 25 residents, adults and children, marched on the sidewalks of city hall before the city council meeting, demonstrating their dismay with the council's decision to give Smith and Wyant Crematory approval for obtaining its building permit. They held signs bearing slogans such as, "Don't make us watch burning bodies" and "No human burning."
"The purpose of the picketing was to increase public awareness about the seriousness of this issue and the inappropriate land use," said Heritage District Neighborhood Association President, Michael Gulasch.
Construction of the crematorium is in progress and is scheduled for completion by Sept. 1. The Heritage District Association is trying to stop the operation of the crematory now by picketing, which they hope will bring enough awareness to make a difference.
"Not only is it a nuisance, but tens of thousands of dollars in property damage will result," said Max Rible, a resident of the neighborhood. "It is lost business. It's right over Farmer's Market, and the ash tends to stay on the ground, so no one will want to go there."
"It should be behind a hospital, not in a neighborhood," added resident Greg Lose.
Also there to show support were residents such as Stan Kanczynski, from nearby neighborhoods.
"I think these people have a valid argument," Kanczynski said. "Hopefully [city council] will notice the opposition to their decision, and they will appeal it."
Although the main reason for the association's protest was to voice members' opinion about the crematory, they were also there to show their dissatisfaction with the council on several other issues, according to resident Aida Marie Bull.
"We are here to be heard in general," she said. "We have discovered a lot of things in city hall that are not good for the people of Sunnyvale."
Bull said in response, three people from the association are running city council this coming fall. According to the city clerk, Judy Esteban is running for Seat Number 2 against Councilwoman Julia Miller, and Ron Ayers for Seat Number 3. Tom Dwyers for Seat Number 1 against Vice Mayor Fred Fowler. These individuals were among the protesters, and worked on having their petitions signed at the demonstration.
"I think it's really disturbing," Miller said. "Not only did they want to picket, they wanted to harass the city council members. They are out to generate concern, but I think its going to backfire on them because I think the voters of Sunnyvale are smart. The voters know they are not genuinely interested in the betterment of the community. They are just interested in this one issue."
The association says there is city favoritism and therefore a lack of progress by the council to investigate their case, saying that the building of the crematorium is in violation of city ordinances and building codes. The association has already filed a lawsuit against the city on the grounds of improper public notice and illegal expansion of business. The suit is supposed to be coming in front of a judge this month, according to Bull.
On Aug. 4, approximately 60 protesters picketed in downtown Sunnyvale at the future crematory site of Wyant and Smith Mortuary. "The picketing they did at Farmers Market was sad because it wasn't fair for the farmers," Fowler said. "I think it took away from their business."
Although the protesters wanted to enter city hall, the council requested that the group have one voice present their points.
"We never had any intent to disrupt the meeting or have any signs inside. We will continue picketing and peaceful protests," Gulasch said.
Gulasch spoke to the council as a representative for the group during the "citizens to be heard" portion of the meeting.
"I basically made four points to the council in case they weren't already aware of them, and then I ended with a request," Gulasch said. "The first point was when the council approved this in December 2000, they based it on the information they had at that time, but we found information that made that information invalid."
Gulasch said the association found a letter at city records dated Jan. 10, 2001, addressed to the city, which revealed that even with soundproofing, the sound levels that will be produced by the crematory will be greater than previously reported.
"It runs at 85 decibels, which would be too high," Gulasch said. "Soundproofing the room wouldn't do anything to help this because the loudest part is still happening outside."
Gulasch said the report to the council from staff said the smokestack would be hidden.
"Now we've found out that they are planning on building a 17-foot stack, which couldn't possibly be covered," he said. "They said it would be hidden prior to this being approved, so he basically deceived city council."
Gulasch said Wyant and Smith gave testimony that the incinerator would be fully covered by the garage.
"Now that we are viewing the plans, we see that the garage couldn't fit the caskets getting around in there," he said. "This means residents will be able to see the bodies being loaded ... There is only one way to get the bodies through the loading door, and you can't do that without leaving the garage door up. The council knew about this and still went ahead with approving it."
Gulasch said he reminded council just how serious this issue was.
"We believe the courts can revoke this kind of permit, and even if they don't do that, we want them to reevaluate this," Gulasch said.
According to Gulasch, Mayor Jack Walker and Miller responded by asking staff if they could reopen the case, but the city attorney advised them not to. "And that was the end of it," Gulasch said.
When asked about reopening the case, Fowler said that he would continue to talk to the city attorney about what can be done.
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Sunnyvale, California Since 1994
