From the Email InBox: What is not on the Agenda... WHY?

Dear Gramps:

What is not on the Agenda:

City of Grand Terrace and Corporation For Better Housing Increase Legal Costs and Appeal Blue Mt. Senior Villa Case Rather than Conform to the “Simple Requirements of the Court Decision” made by Judge Wade.

Is there such a problem in complying with Judge Wade’s Order they NEED to Appeal? Perhaps the Traffic Study and Zoning will continue to be a problem if a Real Environmental Report is done. Rather than comply with the Court Order and find out the EIR finds a negative finding the City’s RDA and CFBH have decided to spend more time and money on challenging the Decision and Order of the Judge Wade.

Any further claim that anyone is “Blocking” the building of the Senior Villa or Costing the Citizens in Court Costs should be directed at City Management. Why are the Citizens given an update on the Court Cases each Council Meeting? Are the Members of the City Council party to these actions? Do they know what is going on, and how much money is being spent on Legal Fees, re-defending a plan one Judge has already determined requires more study. Why not just do the study and show the Judge that the “Plan” is ok. No, that is not what they are doing. Perhaps the City Management knows the “Plan” is not ok, and the EIR will not pass the requirements.

Case SCVSS131530 - BLUE MT. SENIOR VILLAS

Viewed Date Action Text Disposition
02/21/2007 CSR KELLEY NOTIFIED APPEAL Not Applicable
02/15/2007 NOTICE TO REPORTER TO PREPARE TRANSCRIPT ON APPEAL FORWARDED TO DCA Not Applicable
02/15/2007 NOTICE TO COURT REPORTER(S) TO PREPARE APPEAL TRANSCRIPT. Not Applicable
02/13/2007 COURT OF APPEAL ORDER RECEIVED AND FORWARDED TO SAN BERN FOR FILING Not Applicable
01/26/2007 NOTICE OF COST TO PREPARE CLERK'S/REPORTER'S TRANSCRIPTS ON APPEAL FILED AND COPIES MAILED. Not Applicable
01/12/2007 NOTICE TO COURT REPORTER(S) FOR ESTIMATES OF APPEAL TRANSCRIPTS. Not Applicable
12/28/2006 CLERK'S NOTIFICATION OF FILING OF NOTICE OF APPEAL FILED AND SENT TO PARTIES. Not Applicable
12/28/2006 APPEAL PACKET FORWARDED TO THE COURT OF APPEAL ON THIS DATE. Not Applicable
12/28/2006 APPEALS CORRESPONDENCE COVERSHEET GENERATED TO MAIL CLERKS NOTIFICATION OF FILNG OF NOTICE OF APPEAL TO COUNSEL OF RECORD. Not Applicable
12/28/2006 NOTICE OF ELECTION TO PROCEED PURSUANT TO CRC 5.1 FILED. Not Applicable
Minutes
NOTICE PRINTED FOR JOHNSON & SE DLACK ON 12/28/06.
NOTICE PRINTED FOR HARPER & BURNS, LLP ON 12/28/06.
NOTICE PRINTED FOR GRESHAM SAVAGE NOLAN & TILDEN ON 12/28/06.
NOTICE PRINTED FOR GRESHAM SAVAGE NOLAN & TILDEN ON 12/28/06.

12/27/2006 DEPOSIT AND DISBURSEMENT ORDER FILED. APP PAID $325 FOR REPORTERS TRANSCRIPT. Not Applicable
12/27/2006 FEE PAYMENT Not Applicable
Minutes
Receipt: 061227-2497 $325.00
061227-2497-CK Reference Number REPORTER'S TRANS
12/27/2006 CLERK'S NOTIFICATION OF FILING OF NOTICE OF APPEAL FILED AND SENT TO PARTIES. Not Applicable
12/27/2006 APPEALS CORRESPONDENCE COVERSHEET GENERATED TO MAIL CLERKS NOTIFICATION OF FILING OF NOTICE OF APPEAL TO COUNSEL OF RECORD. Not Applicable


ESSCO Case was RESOLVED:

HEARING RE: PETITION FOR WRIT OF MANDATE (CEQA). 01/10/2007 - 8:30 AM DEPT. S8
JOHN P WADE PRESIDING.
CLERK: OLIVIA MCDONALD
REPORTER: CINDY FIORENZA
COURT ATTENDANT LARRY RUSSELL
-
APPEARANCES:
ATTORNEY RAYMOND JOHNSON PRESENT FOR PLAINTIFF/PETITIONER.
ATTORNEY COLIN R. BURNS PRESENT FOR DEFENDANT/RESPONDENT.
-
PROCEEDINGS:
ACTION CAME ON FOR HEARING ON PETITION FOR WRIT OF MANDATE.
ATTORNEY RAYMOND REPORTS THAT NO HEARING ON THE PETITION IS NEEDED AS THE PROJECT HAS BEEN
REVISED. THE COURT ORDERS THIS MATTER SET FOR OSC RE: DISMISSAL TO COINCIDE WITH THE PENDING
MOTION FOR ATTORNEY FEES SET FOR 2/1/07.
-
HEARINGS:
ORDER TO SHOW CAUSE RE: DISMISSAL SET FOR 02/01/07 AT 08:30 IN DEPARTMENT S8. NOTICE WAIVED.


MIGUEL's / SDG INVESTMENTS (Barton RD/Development)

MOTION RE: JOINDER IN MOTION FOR JUDGMENT ON THE PLEADINGS FILED BY REAL PARTY IN INTEREST MJSC HOLDINGS, LLC, SDG INVESTMENTS, LLC 02/21/2007 - 8:30 AM DEPT. S8
JUDGE: JOHN P. WADE
CLERK: OLIVIA MCDONALD
REPORTER: BETTY KELLEY
COURT ATTENDANT LARRY RUSSELL
-
APPEARANCES:
ATTORNEY VEERA TYAGI PRESENT FOR PLAINTIFF/PETITIONER.
ATTORNEY JOHN HARPER PRESENT FOR CITY OF GRAND TERRACE & GRAND TERRACE REDEVELOPMT.
ATTORNEY THIERRY MONTOYA PRESENT FOR MJSC HOLDINGS & SDJ INVESTMENTS.
-
PROCEEDINGS:
MJSC HOLDINGS, LLC, SDG INVESTMENTS, LLC'S MOTION TO JOINDER IN MOTION FOR JUDGMENT ON THE PLEADINGS IS HEARD.
ARGUED BY COUNSEL AND SUBMITTED.

COURT FINDS:

MJSC HOLDINGS, LLC, SDG INVESTMENTS, LLC'S MOTION JOINDER TO MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED.

THE JOINDER IN MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED AS TO

THE FIRST CAUSE OF ACTION WITHOUT LEAVE TO AMEND. THE JOINDER IN MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED

AS TO THE SECOND AND THIRD CAUSE OF ACTION WITH 30 DAYS LEAVE TO AMEND.
FINDINGS STATED ON THE RECORD.

MOTION RE: JUDGMENT ON THE PLEADINGS FILED BY RESPONDENT CITY OF GRAND TERRACE, GRAND TERRACE REDEVELOPMENT AGENCY 02/21/2007 - 8:30 AM DEPT. S8

JUDGE: JOHN P. WADE
CLERK: OLIVIA MCDONALD
REPORTER: BETTY KELLEY
COURT ATTENDANT LARRY RUSSELL
-
APPEARANCES:
ATTORNEY VEERA TYAGI PRESENT FOR PLAINTIFF/PETITIONER.
ATTORNEY JOHN HARPER PRESENT FOR DEFENDANT/RESPONDENT.
-
PROCEEDINGS:
CITY OF GRAND TERRACE, GRAND TERRACE REDEVELOPMENT AGENCY'S MOTION TO JUDGMENT ON THE PLEADINGS IS HEARD.
ARGUED BY COUNSEL AND SUBMITTED.

COURT FINDS:

CITY OF GRAND TERRACE, GRAND TERRACE REDEVELOPMENT AGENCY'S MOTION JUDGMENT ON THE PLEADINGS IS GRANTED.

THE MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED AS TO THE FIRST CAUSE OF ACTION, WITHOUT LEAVE TO AMEND.
-
THE MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED AS TO THE SECOND AND THIRD CAUSE OF WITH 30 DAYS LEAVE TO AMEND REGARDING THE EXHAUSTION OF ADMINISTRATIVE REMEDIES ISSUE.
-
THE COURT TAKES JUDICIAL NOTICE OF THE ORDINANCE APPROVING THE BARTON ROAD SPECIFIC PLAN IN JANUARY 1990 AND ORDINANCE APPROVING AMENDMENTS TO BARTON ROAD SPECIFIC PLAN IN DECEMBER 2003.

BOTH OF THESE ORDINANCES INCORPORATE NEGATIVE DECLARATIONS, NOT MITIGATED NEGATIVE DECLARATIONS, AND NEITHER ORDINANCE INDICATES THAT AN EIR WAS ADOPTED.


SWERTFERGERS EQUIPMENT INC.

STATUS HEARING ON PETITION 01/10/2007 - 8:30 AM DEPT. S8
NOTICE PRINTED FOR JOHNSON & SE DLACK ON 11/21/06.
JUDGE: JOHN P. WADE
CLERK: OLIVIA MCDONALD
REPORTER: CINDY FIORENZA
COURT ATTENDANT LARRY RUSSELL
-
APPEARANCES:
ATTORNEY RAYMOND JOHNSON PRESENT FOR PLAINTIFF/PETITIONER.
ATTORNEY COLIN R. BURNS PRESENT FOR CITY OF GRAND TERRACE.
ATTORNEY MEGAN HEY PRESENT FOR SWERTFEGERS EQUIPMENT INC..
-
PROCEEDINGS:
COUNSEL REPORT THAT THEY HAVE DISCUSSED AND AGREED ON THE FOLLOWING BRIEFING SCHEDULE. THE

ADMINISTRATIVE RECORD SHALL BE FILED BY 2/28/07, THE OPENING BRIEF SHALL BE FILED BY 3/29/07,

OPPOSITION SHALL BE FILED BY 4/27/07 AND THE REPLY SHALL BE FILED BY 5/14/07. HEARING ON THE

PETITION SHALL TAKE PLACE ON 6/7/07.
-
HEARINGS:
HEARING RE: PETITION FOR WRIT OF MANDATE (CEQA) SET FOR 06/07/07 AT 08:30 IN DEPARTMENT S8.


NEXT HEARING:
05/24/2007 8:30 AM DEPT. S8
HEARING RE: PETITION FOR WRIT OF MANDATE (CEQA).