The City of Grand Terrace lost today 7-27-06 in court regarding the Blue Mt. Senior Villas issue.
The Judge reversed all the prior approvals granted for the construction of the project.
The Judge will issue a writ demanding that an environmental EIR report is done before any new project approvals are sought or granted.
The EIR for the project must address the location of the buildings surrounded by all R-1 housing and the noise factor. The Judge agreed with the city on a single point; that traffic is not a big issue. The attorneys were told that the decision is final and cannot be appealed.
The City Attorney John Harper sent his son to represent the City Staff's position which passed the RDA and City Council and Richard Schulman appeared for the Corporation for better housing.
Councilman Miller and Councilman Hilkey tried to be more deliberative, but were cut off from any discussion or ignored by Councilwoman acting Mayor Chairperson Ferre during both RDA and Council debate on the issues relating to the development. While Council Member Cortes and Council Member Garcia rushed motion after motion to the floor prior to the full resolution, discussion and evaluation of all facts and issues.
This failure to adherer to the procedure and process of governance is without a doubt what will be found in all the other lawsuits. The lawsuits are all pretty much based on the same lack of adhering to the law. In spite of repeated attempts of citizens to bring these facts to the attention and awareness of the Council and Board there has been persistent avoidance of doing things in accordance to the law and process of governance.
So here we are: The perpetual miss-management of procedure, management, and governance is the cause of this action. The responsibility rests on the City Manager Tom Schwab and his three Council Members who are his dutiful adherents and devotees.
Gramps Asks: Does this mean the Planning Commission’s Approvals, City Council Approvals, and the Check sent to Corporation For Better Housing are all reversed?
Perhaps the money will be returned and the project put where it was Planned with a competitive BID. Perhaps the Judge and Citizens should look into the State saying that the City NEEDS a total HOUSING PLAN for ALL Citizens not JUST SENIORS as a cause of termination of the total project. It will be interesting to read the writ yet to be released.
Oh and who gets to go to jail for weekends for the violation of the court order to not proceed?